HomeMy WebLinkAboutExhibit Development Agreement SUBThis Instrument Was Prepared By,
Record and Return To:
Iris Escarra
Carlos R. Lago
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Suite 4400
Miami, Florida 33131
(Reserved)
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF MIAMI, FLORIDA AND MANNIGAN HOLDINGS,
LLC, MEGAN HOLDINGS, LLC, MELANIE HOLDINGS,
LLC, MILANA HOLDINGS, LLC, MILLIE REALTY,
LLC, MALKA REALTY, LLC, MIZRACHI HOLDINGS,
LLC, WYNWOOD HOLDINGS, LLC, 2294 NW 2ND
AVENUE REALTY, LLC, MALUX REALTY, LLC, AND
MAPTON HOLDINGS, LLC, REGARDING APPROVAL
OF THE MANA WYNWOOD SPECIAL AREA PLAN
AND RELATED DEVELOPMENT
This is a Development Agreement ("Agreement") made this day of
2018 by and between Mannigan Holdings, LLC, a Delaware limited liability company, Megan
Holdings, LLC, a Delaware limited liability company, Melanie Holdings, LLC, a Delaware
limited liability company, Milana Holdings, LLC, a Delaware limited liability company,
Millie Realty, LLC, a Delaware limited liability company, Malka Realty, LLC, a Delaware
limited liability company, Mizrachi Holdings, LLC, a Delaware limited liability company
Wynwood Holdings, LLC, a Florida limited liability company, 2294 NW 2ND Avenue
Realty, LLC, a Delaware limited liability company, Malux Realty, LLC, a Delaware limited
liability company, Mapton Holdings, LLC, a Delaware limited liability company (collectively
the "Developer"), and the City of Miami, Florida, a municipal corporation and a political
subdivision of the State of Florida (the "City") (the Developer and the City are together
referred to as the "Parties").
WHEREAS, the Developer is the fee simple owner of approximately 23.483 acres
of land located in the Wynwood neighborhood of the City of Miami; and
WHEREAS, the properties are generally bounded by NW 22nd Street on the south,
specific parcels fronting NW 24th Street on the north, NW 2nd Avenue on the east, and NW
6th Avenue on the west, within the jurisdictional boundaries of the City (collectively the
"Property"); a map and legal descriptions of which are attached as Exhibit "A"; and
WHEREAS, the Property is currently underutilized and consists mostly of vacant and
underdeveloped lots; and
WHEREAS, the Property is located in an Empowerment Zone for which the City
envisions redevelopment through strong partnerships to encourage economic revitalization
and sustainable community development; and
WHEREAS, during recent years Wynwood has undergone an urban transformation
that has revitalized the neighborhood into a world-renowned hub for the visual, performance
and culinary arts, as well as the technology and fashion industries; and
WHEREAS, the revitalization of Wynwood is consistent with the City's vision to
foster a vibrant artistic and entrepreneurial community that will attract residents, visitors and
businesses alike; and
WHEREAS, the Developer wishes to contribute to the revitalization of Wynwood and
surrounding areas by redeveloping the Property into a pedestrian -oriented project with an
eclectic mix of uses that integrates future mass transit options and makes Wynwood a premier
center for art, entertainment, culture, technology and other creative enterprises; and
WHEREAS, the current status of the Property is inconsistent with the City's vision
for Wynwood and wishes to encourage development of the Property; and
WHEREAS, Wynwood is identified as an area of need by the City's Parks and Open
Space Master Plan; and
WHEREAS, the Developer wishes to contribute to Wynwood by providing
approximately 3.86 acres of Open Space at the Property including the development of a
centralized programmed public Open Space; and
WHEREAS, the Property is currently designated General Commercial on the City's
Future Land Use Map, according to the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan"); and
WHEREAS, the Property is currently zoned D1 Work Place ("D1") and T5-0 Urban
Center Zone ("75-0") with a Neighborhood Revitalization District NRD-1 Overlay,
according to the Miami 21 Zoning Code ("Miami 21"); and
WHEREAS, the City and the Developer seek to rezone the Property from D 1 and T5-
0 to Mana Wynwood Special Area Plan with a Neighborhood Revitalization District NRD-1
Overlay, having T5-0, T6 -8a-0, T6 -8b -O and T6-12-0, as described in the Mana Wynwood
Concept Book (the "Concept Book") attached hereto and incorporated herein as Exhibit "B,"
in order to facilitate redevelopment within the area and to effectuate the Parties' goals and
vision for Wynwood; and
WHEREAS, Miami 21 outlines a process that allows parcels of more than nine
(9) abutting acres to be master planned to allow greater integration of public improvements
and infrastructure, and greater flexibility so as to result in higher or specialized quality,
2
building and streetscape design, this master planning process is known as a "Special Area
Plan" ("SAP"), pursuant to Section 3.9 of Miami 21; and
WHEREAS, on July 17, 2015, the Developer filed an application with the City for
approval of a SAP in order to develop the Property as a mixed-use development consisting of
various uses, including but not limited to residential, lodging, commercial (including art
galleries, retail, entertainment, and restaurant), educational, exhibition, convention, civic, and
office uses (including showroom space, media and technology production), along with other
related amenities, as may be amended (the "Project"); and
WHEREAS, the City and the Developer desire for development of the Mana
Wynwood SAP to proceed in a manner that is consistent with the Comprehensive Plan, Miami
21, and the City Charter; and
WHEREAS, as a condition to the approval of the Maria Wynwood SAP, the
Developer and City must enter into a Development Agreement pursuant to Section 3.9.1(f) of
Miami 21; and
WHEREAS, Chapter 163, Sections 163.3220-163.3243, Florida Statutes (2018), "The
Florida Local Government Development Agreement Act," as amended from time to time,
authorizes and provides for local governments to enter into development agreements with any
person or entity having a legal or equitable interest in real property located within its
jurisdiction; 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 the development, encourages private
participation in comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the City Commission pursuant to Ordinance No. 16-13632, adopted on
September 8, 2016, has authorized the City Manager to execute this Agreement upon the
terms and conditions set forth below, and the Developer has been duly authorized to execute
this Agreement upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
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.
2. Rules of Leaal Construction. For all purposes of the Agreement, unless otherwise
expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the
singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder " "herein " "hereof," "hereto," and such similar terms
shall refer to the instant Agreement in its entirety and not to individual sections
or articles;
(e) The Parties hereto agree that this Agreement shall not be more strictly
construed against either the City or the Developer, 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 attachments and
this Agreement.
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 and the
Developer.
"Affordable Housing" means housing available to individuals and/or families which
meet the qualifications as established by the City of Miami's Department of
Community and Economic Development.
"CBE-A/E" has the meaning ascribed in Section 11(d)(ii) of this Agreement and
Section 10-33.02 of the Miami -Dade County Code of Ordinances, as amended.
"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.
"City Charter" means the municipal Charter of the City of Miami.
"City Code" or "Code" means the City of Miami Code of Ordinances.
"City Manager" means the City Manager or his or her designee.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2018), meeting the requirements of Section 163.3177, Florida
Statutes (2018), Section 163.3178, Florida Statutes (2018) and Section 163.3221(2),
Florida Statutes (2018), which are in effect as of the Effective Date.
.19
"Contractors" means the general contractor and all subcontractors engaged to
complete the Project.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"Consumer Price Index" or "CPI" means the Consumer Price Index for All Urban
Consumers (all items index), United States, as published by the United States Bureau
of Labor Statistics of the U.S. Department of Labor, (CPI -U) (Base: 1982-84 = 100),
or any most recently published successor index thereto, before seasonal adjustments.
If the CPI is converted to a different standard reference base or otherwise revised, then
the determination of adjustments provided for herein shall be made with the use of
such conversion factor, formula or table for converting the CPI Index as may be
published by the Bureau of Labor Statistics or, if said Bureau shall not publish the
same, then with the use of such conversion factor, formula or table as may be
published by Prentice -Hall, Inc., or any other nationally recognized publisher of
similar statistical information. If the CPI Index ceases to be published, and there is no
successor thereto, then such other index as Developer and the City agree upon in
writing shall be substituted for the CPI Index.
"Development" means the carrying out of any building activity, the malting 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
163.3221(4) Florida Statutes (2018).
"Development Permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official
action of local government having the effect of permitting the development of land.
"Encroachment" includes any area over which the Developer shall have an
encroachment or any area which are public right-of-ways or the Public Open Spaces
including, without limitation, air rights over or under a designated right-of-way and
Public Open Spaces. The Developer shall in such instance separate and apart from
this Agreement be required to comply with the Miami -Dade County Public Works
Manual and obtain such approvals , permits and enter into such other agreements as
required by the City Code and other applicable laws and regulations.
"Effective Date" means the date of recordation of the executed, original version of
this Agreement.
"Existing Zoning" is (a) Miami 21 Code, May 2015, specifically including the Mana
Wynwood SAP Regulating Plan (the "Regulating Plan"), attached hereto and
incorporated herein as Exhibit "C," and Concept Book, and related modifications to
the Transect designations of properties within the SAP Area; and (b) the provisions of
the City Charter and Code which regulate development, as amended through the
Effective Date.
"Fire Rescue Impact Fee" shall mean the applicable fire impact fee imposed by and
calculated by the City of Miami for the Project under Section 13-10 of the City of
Miami Code of Ordinances.
"Fire Station Improvements" means the construction of the Mana Wynwood Fire
Station consisting of approximately 11,000 square feet of gross building area for a
Fire-Rescue facility to be developed by Developer for the exclusive use of the City of
Miami Fire Department.
"Impact Fees" means a fee imposed by any local government or agency based upon
the new development's proportionate share of the average cost of new development
including impact fees imposed by Miami-Dade County, the City of Miami and the
Miami-Dade County Public School System, as applicable.
"Impact Fee Credit" means the credit applied by the City to satisfy the applicable
pro-rated portions of the following: (1) Fire Rescue Impact Fees for the Project, as set
forth in Section 13-10 of the City Code; (2) Impact Fees generated by the development
of the Fire Station Improvements on the Property, as set forth in Sections 13-9 thru 13-
12 of the City Code; and (3) Park Impact Fees for the Project, as set forth in Section
13-12 of the City Code.
"Improvement" means any building or other improvement with a total cost of
construction exceeding ten million dollars ($10,000,000) developed on the Property
subsequent to the Effective Date.
"Land" means the earth, water, and air, above, below, or on the surface and includes
any improvements or structures customarily regarded as land.
"Land Development Regulations" shall be as defined in Section 62-11 of the City
Code of Ordinances and includes, without limitation, the City's Comprehensive Plan,
Subdivision regulations, referenced City Code Sections, and Miami 21.
"Miami 21" means City Ordinance 13114 as amended, through the Effective Date.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local government affecting the
development of land.
"Park Impact Fee" means the applicable parks and recreation impact fee imposed by
and calculated by the City of Miami for the Project under Section 13-12 of the City of
Miami Code of Ordinances.
"Planning and Zoning Director" means the Director of the City's Planning and
Zoning Department or his or her designee.
"Property Interest" means any interest or rights in real property or appurtenances of
the Property, including but not limited to, fee simple, leasehold, master covenants,
condominium, transferable development rights, air rights, easements, and licenses,
6
however acquired, including any interests or rights in real property acquired through
ground lease(s) in an arm's length conveyance, foreclosure, deed in lieu of
foreclosure, or any other realization on a security interest in real property.
"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.
"Public Open Spaces" collectively means those certain areas assigned by Developer
within the SAP Area for Open Space, centralized public Open Space and Civic Space
Type purposes and consisting of a minimum of approximately one hundred sixty eight
thousand two hundred eighty seven (168,287) square feet of area. The Public Open
Spaces shall generally be unimproved by permanent buildings, open to the sky and
reserved for public use, as further provided and modified by this Agreement, the
Concept Book and the Regulating Plan.
"Redevelopment Area" means the area located within the boundaries of the Southeast
Overtown / Park West Community Redevelopment Agency (the "CRA" or "SEOPW
CRA").
"SAP Area" means the properties which comprise the Mana Wynwood SAP as
depicted on the boundary map and legal descriptions attached as Exhibit "A."
"SBE -Construction Services" has the meaning ascribed to such term in Section 11(d)
(ii) of this Agreement and Section 10-33.02 of the County Code of Ordinances, as
amended.
"Special Area Plan" or "SAP" refers to the Mana Wynwood Special Area Plan,
including the Regulating Plan and Concept Book.
"Substantially Completed" means payment of deposit and/or full payment by
Developer to Florida Power and Light or its authorized contractor for the Power Line
Work described in Section 14 of this Agreement and/or commencement of the Power
Line Work by Florida Power and Light or its authorized contractor.
"Tenant Improvements" means the build -out of improvements by tenants of the
Project.
"Unskilled Laborer" means an employee performing construction work which does
not require any special training or skills and which are specifically not defined in the
County's 2016 Supplemental General Conditions, Wage & Benefits Schedule,
Construction Type: Building.
"Workforce Housing" means housing available to individuals and/or families which
meet the qualifications as established by the City of Miami's Department of
Community and Economic Development.
7
"Wynwood Public Benefits Trust Fund" shall be as defined in Section 62-644 of the
City Code.
"Zone, East" or "East Zone" means those lots and/or properties encompassed within
the SAP Area and generally located east of NW 5th Avenue, as depicted and described
in the Concept Book.
"Zone, West" or "West Zone" means those lots and/or properties encompassed within
the SAP Area and generally located west of NW 5th Avenue, as depicted and
described in the Concept Book.
4. Purpose. The purpose of this Agreement is for the City to authorize the Developer to
redevelop the Property pursuant to the Mana Wynwood SAP. This Agreement will
establish, as of the Effective Date, the land development regulations that will govern
the development of the Property, thereby providing the Developer with additional
certainty during the development process. This Agreement satisfies the requirements
of Section 3.91(f), Miami 21.
5. Intent. The Developer and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Regulating Plan and Concept Book,
this Development Agreement, the Comprehensive Plan, Miami 21, the City Charter,
the City Code, and the Florida Local Government Development Agreement Act,
Sections 163.3220-163.3243, Florida Statutes (2018).
6. Legal Description of Land, Names of Legal Owners, Applicability. This
Agreement only applies to the SAP Area, as identified and legally described in
Exhibit "A." The Property's legal and equitable owners are listed along with the
legal descriptions in Exhibit "A."
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 Cleric. 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 (2018). 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, heirs, legal representatives, and personal representatives.
8. Zoning Permitted Development Uses, Building Densities and Intensities.
(a) Mana Wynwood SAP Designation. The City has designated the Property as
"Mara Wynwood SAP" on the official Zoning Atlas of the City, pursuant to
the applicable procedures in Miami 21. The Regulating Plan and Concept
Book provide for any deviations from the underlying regulations of Miami 21.
In approving the Mana Wynwood 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.
(b) Density Intensity Uses and Building Heights.
i. As of the Effective Date and pursuant to the Mana Wynwood SAP, the
density and intensity proposed for the SAP are permitted by the
Existing Zoning and are consistent with the Comprehensive Plan.
ii. As of the Effective Date and pursuant to the Mana Wynwood SAP, the
Uses proposed for the SAP are permitted by the Existing Zoning and
are consistent with the Comprehensive Plan.
iii. As of the Effective Date and pursuant to the Mana Wynwood SAP, the
Heights proposed for the SAP are permitted by the Existing Zoning and
are consistent with Miami 21 and the densities are consistent with the
presently adopted Comprehensive Plan.
iv. Nothing herein shall prohibit the Developer from requesting a change
of zoning, pursuant to Article 7 of Miami 21, to increase the density or
intensity of development permitted by the Existing Zoning, by
amendment of the Mana Wynwood SAP and this Agreement.
9. Prohibition on Downzoning.
(a) The Comprehensive Plan, this Agreement, and the Mana Wynwood SAP shall
govern development of the SAP Area for the duration of the Agreement. The
City's Laws and policies adopted after the Effective Date may be applied to the
SAP Area only if the determinations required by Section 163.3233(2), Florida
Statutes (2018) have been made after thirty (30) days written notice to the
Developer and after a public hearing or as otherwise provided herein.
(b) Pursuant to Section 163.3245(3), Florida Statutes (2018), this prohibition on
downzoning supplements, rather than supplants, any rights that may vest to the
Developer under Florida or Federal law. As a result, the Developer reserves
the right to challenge, and the City reserves the right to enact, any subsequently
adopted changes to land development regulations which are in conflict with
this Agreement 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 (2018).
10. Future Development Review. Future development within the SAP Area shall
proceed pursuant to the Regulating Plan and Concept Book attached hereto. The
criteria to be used in determining whether future development shall be approved are:
consistency with the Comprehensive Plan, Miami 21, this Agreement, and substantial
compliance with the Mana Wynwood SAP, as applicable.
11. Anti -Poverty Initiatives.
(a) Employment Coordination with Agencies. Generally, the Developer shall
consult with local and/or state economic development entities regarding job
training and job placement services to City residents seeking employment
opportunities with potential employers which will locate or establish
businesses within the SAP Area.
(b) Affordable / Workforce Housing. The Developer shall develop Affordable /
Workforce Housing in accordance with all applicable laws and as follows:
Developer shall dedicate a minimum of five percent (5%) of the total
number of residential density units constructed within the SAP Area to
Workforce Housing (the "Workforce Housing Requirement").
ii. Developer shall dedicate a minimum of five percent (5%) of the total
number of residential density units constructed within the SAP Area to
Affordable / Workforce Housing with artist preference as generally
permitted under § 42 of the Internal Revenue Code, 26 U.S.0 § 42 (the
"Artist Housing Requirement"). The Developer shall establish a set
of guidelines in determining and applying the artist preference and
selection process.
iii. The Developer may satisfy the Workforce Housing Requirement and
Artist Housing Requirement provided herein by development of such
Affordable / Workforce Housing within the SAP Area and/or within a
one thousand (1,000) foot radius of the SAP Area.
(c) Contributions to the Southeast Overtown / Park West Community
Redevelopment Agency (SEOPW CRA). Developer shall provide public
benefits in the form of cash contributions, as required in Section 3.16 of the
Regulating Plan, to a fund established by the SEOPW CRA to be allocated for
the purposes of economic development initiatives including but not limited to
affordable and workforce housing development.
(d) Job Creation During Construction. With regard to sourcing candidates for
employment opportunities resulting from construction of each Improvement on
the Property comprising all or any portion of the Project (excluding the Tenant
Improvements):
Job Sourcing. The Developer shall require its Contractors to use best
efforts to work with workforce development agencies and organizations
to source job opportunities for both skilled and unskilled laborers
seeking employment opportunities within the construction industry.
ii. Small Business Enterprise Program for Architecture, Engineering,
Landscape Architecture, Surveying and Mapping Professions
("CBE-A/E") and Small Business Enterprise Program for
Construction Services ("SBE -Construction Services"). With respect
to each Improvement (excluding Tenant Improvements) Developer
-
shall- -use—diligent, good faith efforts to achieve, as applicable, the
following goals:
10
a) Award to firms certified by the County as CBE-A/E not less
than seven and a half percent (7.5%) of the professional services
agreements, calculated based upon the total dollar amounts paid
to firms certified by the County as CBE-A/E and the total dollar
amount paid under professional service agreements for soft
costs, including, but not limited to, design, engineering, survey,
inspection, job monitoring requirements, testing and legal (the
"CBE-A/E Participation Requirement"); and
b) Require Contractors to award to firms certified by the County as
SBE -Construction Services firms not less than fifteen percent
(15%) of the contractual agreements, calculated based upon the
total dollar amounts paid to firms certified by the County as
SBE -Construction Services firms and the total dollar amount
paid for construction -related materials, supplies and fixtures
(the "SBE -Construction Services Requirement"). The SBE -
Construction Services Requirement shall also include
contractual agreements for construction -related goods including
construction materials, supplies and fixtures. Firms certified by
the County as SBE -Goods and Services firms (such as, but not
limited to firms providing security, testing, surveying,
landscaping, trenching, etc.) may also qualify for satisfying the
SBE -Construction Services Requirement.
The City Manager, in his/her sole discretion, may qualify firms
presented to him/her by the Developer that possess the requisite
licensing, professional qualifications, and experience to perform
services and/or sell goods in the CBE or SBE categories, but fail
to meet one or more of the licensing requirements necessary to
receive either a CBE or SBE designation from the County.
Local Workforce Participation. With respect to each Improvement
(excluding Tenant Improvements) the Developer shall require its
Contractors to utilize good faith, best efforts to employ a minimum of
fifty percent (50%) on-site labor from persons residing within Miami -
Dade County (the "Labor Participation Requirement").
With respect to each Improvement (excluding Tenant Improvements),
Developer shall require its Contractors to utilize good faith, best efforts
to maximize the labor performed by individuals based upon their place
of residence; provided, however, the Labor Participation Requirement
shall not be deemed or construed to require Contractors to hire
employees who do not comply with OSHA requirements, drug testing
requirements and insurance company requirements; however, laborers
with minor or insignificant non-violent felony criminal records shall
not be denied employment solely based upon their criminal record.
11
iv. Responsible Wage Rates.
a) With respect to each Improvement (excluding Tenant
Improvements and any work completed by Florida Power &
Light and its Contractors) the Developer shall require its
Contractors performing work in connection with such
Improvement to pay minimum hourly wage rate, health benefits
and pension benefits consistent with the County's Responsible
Wage Ordinance, as codified in Section 2-11.16 of the County
Code and the Supplemental General Conditions Wage &
Benefits Schedule, Construction Type: Building (the
"Responsible Wage"), as the same may be revised by the
County annually, to Electrical Journeyman, Plumber
Journeyman and Unskilled Laborers, as further provided below.
i) Electrical Journeyman. For 2015, the Responsible Wage
for Electrical Journeyman is $30.11 per hour for wage
rate, $5.85 per hour for health benefit and $3.91 per hour
for pension benefit. Contractors performing work in
connection with any Improvements may employ the
services of Electrical Apprentices subject to the staffing,
pay, and other requirements set forth in Section 2-11.16
of the County Code.
ii) Plumber Journeyman. For 2015, the Responsible Wage
for Plumber Journeyman is $22.25 per hour for wage
rate, $5.05 per hour for health benefit and $3.74 per hour
for pension benefit. Contractors performing work in
connection with any Improvements may employ the
services of Plumber Apprentices subject to the staffing,
pay, and other requirements set forth in Section 2-11.16
of the County Code.
iii) Unskilled Laborer. For 2016, the Responsible Wage for
Unskilled Laborer is $15.00 per hour for wage rate,
$3.00 per hour for health benefit and $1.92 per hour for
pension benefit. The Responsible Wage applied for
Unskilled Laborers shall be that which is required for
Laborers in the County's Supplemental General
Conditions Wage & Benefits Schedule, Construction
Type: Building.
b) Each Contractor shall require the same Responsible Wage to be
paid in all contracts and in all subcontracts for electrical,
plumbing and unskilled labor services entered into by such
Contractor, which will require subcontractor each Contractor
12
hires to stipulate and agree that they will pay the Responsible
Wage.
(e) Community Support, Job Training and Career Development Partnerships. The
Developer anticipates that the Project will generate a significant number of
employment opportunities in the following sectors: media and technology,
hospitality, retail, trade, exhibition, education and the arts. The Developer
shall use best efforts to work with local schools and local and/or state
economic development entities to place qualified program graduates and
participants in employment opportunities within the SAP Area following
completion of the Project as provided herein.
Fashion and Arts Program. The Developer shall create, operate, fund
and provide annual financial support to a fashion and arts program
approved by the SEOPW CRA (the "Program"). The Program shall be
incorporated as a non-profit corporation under s. 501(c)(3) of the
Internal Revenue Code or operated by a subcontractor incorporated
under a 501(c)(3) for the purposes of. (i) training residents of the
Redevelopment Area, Overtown and other targeted areas of the
community for employment opportunities within the fashion and arts
sectors; (ii) coordinate the delivery of training for future Developer
employees, among others; and (iii) coordinating linkages between the
Program and Developer for purposes of employing Program graduates.
The Program shall provide training to prepare students: (i) for careers
in the fashion and arts sectors including but not limited to fashion
designers, artists, curators, conservators, archivists, museum and
gallery support and management, graphic artists, researchers, etc.,
and/or, (ii) for employment opportunities including but not limited to
the following areas: fine arts, photography, performing arts, graphic
design, digital / multimedia, fashion / textiles, spatial design, 3D
product design, organization / people management, etc.. Developer's
obligation to create, operate and fund the Program shall commence
upon the Effective Date of this Agreement. Developer further agrees
that it shall afford graduates of the Program preference over non -
Program graduates with respect to opportunities for interviews and
hiring for future employment opportunities for positions which the
Program provides training when related employment opportunities
become available at the Project. With regard to the aforementioned
hiring preference for Program graduates, such preference shall not
apply where an equally qualified, non -Program graduate, that is a
resident of the SEOPW CRA Redevelopment Area, Overtown, and/or
City, is competing for the same employment opportunity as a Program
graduate.
12. Environmental. The City finds that the Project will confer a significant net
improvement upon the publicly accessible tree canopy in the area. The City and the
13
Developer agree that the Developer will comply with the intent and requirements of
Chapter 17 of the City Code, by performing tree replacement as follows.
(a) Off-site replacement trees. Notwithstanding the requirements of Section 17-
6(e) of the City Code, where tree replacement within the SAP Area is not
possible, the Developer may perform tree replacement on public property in
the following order of priority: (i) within the SAP Area's Public Open Spaces;
(ii) within a one (1) mile radius of the SAP Area; or (iii) within any City park
subject to approval by the City. Particular emphasis shall be paid to tree
replacement along NRD-1 corridors and thoroughfares as identified by the
NRD-1 Street Masterplan. The Developer further agrees to work with the
Wynwood Business Improvement District (BID) to identify locations for, and
coordinate the placement of said replacement trees. The City further agrees to
facilitate the permitting and planting of replacement trees on all publicly
owned property within the SAP Area, within a one (1) mile radius of the SAP
Area and within City parks. The Developer agrees to water, trim, root, prune,
brace, or undertake any other necessary maintenance of the trees it plants, as
may be required by the City's Public Works Department, for the term of this
Agreement. The Developer further agrees to warrant each off-site replacement
tree for one (1) year after the date of installation. The Developer shall be
responsible for the adequate maintenance and care of such trees for the term of
this Agreement.
(b) SAP Area tree installation, maintenance and guarantee. For all trees placed
within the SAP Area, the Developer shall install any needed irrigation and
corresponding water meters to support the growth of trees located within the
right-of-way. The Developer shall agree to water, trim, root, prune, brace, or
undertake any other necessary maintenance as may be required for trees
located within the SAP Area for the term of this Agreement. The Developer
further agrees to warrant each SAP Area tree for one (1) year after completion
of the installation.
(c) Tree replacement chart. The tree replacement chart below, shall be used to
determine whether the Developer has satisfied the tree replacement
requirements for any particular parcel of land as set forth in Section 17-6(a) of
the City Code. The chart below shall replace and supersede Chart 17.6.1.1 in
the City Code.
I Tree Replacement Chart I
Total diameter of tree(s) to be
removed (sum of inches at DF
2"-3"
4"- 6"
7"-12"
13"-18"
IV- 24"
14
Total inches of replacement DBH
required (12' minimum tree height
27'1
4"
87>
12"
16'7
25"- 30"
20"
31"- 36"
24"
375- 42"
28"
435- 48"
32"
49"- 60"
40"
To determine whether the replacement requirements have been satisfied,
calculate the total sum in inches of the diameter of the trees removed. The size
of the replacement trees diameter at breast height (DBH) must equal the total
inches of replacement DBH set forth in the above chart. Diameter
measurement shall be rounded up to the nearest inch. If the sum of the
diameter of trees to be removed exceeds a total of 60 inches, the additional
inches shall be added cumulatively from the top of the chart, down to the
bottom of the chart, to calculate the number of DBH for replacement trees.
(d) Tree installation. The Developer shall install trees opportunistically within the
public right-of-way, subject to approval by the City.
13. Street Closure and Vacation. A critical element to the success of the SAP Area's
Public Open Space is increasing the pedestrian connectivity along the East Zone and
West Zone. In accordance with Chapter 55 of the City Code, the Developer intends to
seek the approval of the vacation and closure of various right-of-ways located in the
SAP Area including those certain portions of right-of-way consisting of NW 22nd
Lane in the East Zone and NW 23rd Street in the West Zone.
14. Public Benefit Contributions.
(a) Public Open Spaces. As consideration for certain modifications to standards
set forth in the City's land development regulations, the Developer hereby
agrees to provide public open spaces in the SAP Area in the East and West
Zones of the SAP Area of Open Space, centralized Open Space and Civic
Space Type (collectively, the "Public Open Spaces"). Developer agrees to
provide a minimum of approximately one hundred sixty eight thousand two
hundred eighty seven (168,287) square feet of area of Public Open Spaces in
the East and West Zones of the SAP Area in substantial accordance with this
Agreement, the Regulating Plan and Concept Book.
The Public Open Spaces shall contain the following:
a) Centralized Open Space / Mana Commons. Developer shall
design and program a centralized public Open Space consisting
of a minimum of approximately one hundred ten thousand
(110,000) square feet of area in the East and West Zones of the
SAP Area (the "Centralized Open Space") (also referred to as
the "Mana Commons"), substantially in accordance with this
Agreement, the Regulating Plan and Concept Book.
15
b) Open Space. Developer shall assign a minimum of
approximately fifty eight thousand two hundred eighty seven
(58,287) square feet of area as Open Space in the East and West
Zones of the SAP Area, (the "Open Space") substantially in
accordance with this Agreement, the Regulating Plan and
Concept Book.
C) Civic Space Type. The Developer assigns a minimum of
approximately fifty one thousand one hundred forty six
(51,146) square feet of area in the East and West Zones of the
SAP Area (which may be located within the Centralized Open
Space) to Civic Space Types (the "Civic Space"), substantially
in accordance with this Agreement, the Regulating Plan and
Concept Book. The Developer may be allowed to temporarily
restrict access to a portion of the Civic Space for temporary and
special events. However, at all times a minimum of five percent
(5%) of the total area of the SAP Area, including the Public
Open Spaces shall be open and accessible to the public.
ii. The general location and dimensions of the Public Open Spaces shall
be substantially in accordance with this Agreement, the Regulating Plan
and Concept Book, or, as otherwise mutually agreed by the Developer
and the City.
iii. The Developer shall not be required to dedicate or reserve any land
within the Property.
iv. The Developer will retain ownership of the Public Open Spaces but
shall allow public access to the Public Open Spaces as provided in this
Agreement.
V. From time to time, the Developer may sponsor or similarly partner with
organizations to hold temporary and special events in the SAP Area,
including in and around the Public Open Spaces pursuant to the terms
and requirements of this Agreement, the Regulating Plan and the
applicable provisions of the Code and applicable permitting and
regulatory requirements.
vi. The Developer shall maintain and operate the Public Open Spaces,
including pursuant to any applicable maintenance standards as mutually
agreed by the City and Developer.
vii. The Developer shall provide the Public Open Spaces in phases or
portions of phases in substantial accordance with the Mana Wynwood
SAP phasing schedule provided in the Concept Book.
viii. Construction of Encroachments within the Public Open Spaces.
The Developer may be permitted to complete Encroachments and to
16
construct below -grade improvements below the Public Open Spaces,
including but not limited to public parking facilities pursuant to Section
55-14(b) of the City Code and in accordance with applicable laws.
ix. Public Open Space Improvements. The Developer shall make certain
public improvements to the Centralized Open Space and Civic Space,
including but not limited to: paving, hardscaping, landscaping, utilities
and infrastructure improvements, public art, lighting and seating
("Public Open Space Improvements"). The final design of the Public
Open Space Improvements shall be reviewed by the Wynwood Design
Review Committee (WDRC) and approved by the Planning and Zoning
Director prior to issuance of a building permit for such improvements.
a) Temporary pen Space Improvements. Temporary
improvements to the Centralized Open Space will be provided
in Phases 2 and 3 in the East Zone of the SAP Area. Such
temporary improvements are described in the SAP Public
Improvements Phasing Schedule, attached hereto as
Exhibit "D," and include but are not limited to: painted finish
surfaces with artistic patterns, planting features and pop-up
artistic type seating areas as also depicted in the Concept Book.
The design of these Temporary Open Space Improvements shall
be reviewed and approved by the Planning and Zoning Director.
b) Phasing of Public Open Space Improvements. The Developer
shall complete improvements and enhancements to the
Centralized Open Space and Civic Space in substantial
accordance with the SAP Public Improvements Phasing
Schedule attached hereto as Exhibit "D." The Public Open
Space Improvements shall be completed in phases or portions of
phases in substantial accordance with the SAP Public
Improvements Phasing Schedule. The proportionate share of
the construction of the Public Open Space Improvements shall
be calculated prior to the issuance of each vertical building
permit for each phase or portion of phase of the Project. The
design of all Public Open Space Improvements, including
temporary improvements, shall be reviewed by the WDRC and
approved by the Planning and Zoning Director prior to the
commencement of Parcel 2 in the East Zone.
C) Final Public Open Space Improvements.
i) East Zone. One hundred percent (100%) of the Public
Open Space Improvements in the East Zone shall be
completed and finalized at the earlier of either the
completion of Parcel 3 in the East Zone or ten (10) years
from the Effective Date.
17
ii) West Zone. One hundred percent (100%) of the Public
Open Space Improvements in the West Zone shall be
completed and finalized at the earlier of either the
completion of Parcel 2 in the West Zone or ten (10)
years from the Effective Date.
(b) Florida Power and Light ("FPL") Utility Improvements. The Project
proposes the burial, removal and relocation of existing FPL power transformer
lines, within the SAP Area and outside the SAP Area within the NRD-1
boundaries, at the Developer's expense (which may be financed through a
community development district or other financing mechanism). The
Developer desires to bury the power lines and remove unnecessary lines within
the SAP Area and outside of the SAP Area within the NRD-1 boundaries.
Completion of the Power Line Work shall be contingent upon the Developer
receiving the necessary consents and legal approvals (including easements,
covenants, and other legal instruments) by the applicable property owners and
approvals from FPL, the City and any other governmental or regulatory
agencies. The proposed plan for the relocation of such power lines is attached
hereto as Exhibit "E" (the "Power Line Work").
In the event that the Power Line Work is not Substantially Completed within
Eve (5) years from the Effective Date, the Developer agrees to promptly tender
a direct public benefits contribution payment to the Wynwood Public Benefits
Trust Fund in the amount of $7,200,000 (seven million two hundred thousand
dollars) pursuant to Section 3.14.6 of the Regulating Plan.
(c) Street Right -of -Way and Landscape Improvements. The Developer shall
landscape and construct improvements to certain right-of-ways immediately
fronting properties within the SAP Area (NW 5th Ave, NW 6th Ave, NW 2nd
Ave, NW 24th Street, NW 22nd Street, NW 23rd Street) and certain portions
of the right-of-way fronting non -SAP properties (NW 24th Street), in phases or
portion of phases in substantial accordance with the SAP Streetscape Plan of
the Concept Book and the SAP Public Improvements Phasing Schedule
attached hereto as Exhibit "D." Such improvements shall include but not be
limited to: sidewalks designed to accommodate increased pedestrian activity;
bicycle routes; landscaping, paving and hardscape improvements; right of way
improvements; art; utilities, telecommunications, and infrastructure
improvements; thoroughfares; and streetscape. In order to further foster a
uniform aesthetic between the SAP Area and surrounding areas, the Developer
agrees to coordinate landscaping and right-of-way design and improvements
with the Department of Public Works, Wynwood BID and NRD-1 Streetscape
Design, including Shared Streets as identified in the Concept Book. The
proposed right-of-way improvements described herein shall be reviewed and
be subject to approval by the City's Planning Department and Zoning
Department, and Public Works Department.
18
(d) Parks Impact Fee Credit Agreement. The Parties agree that in consideration of
the Developer's contribution of the Public Open Spaces and construction of the
Public Open Space Improvements, the City may grant the Developer credit
against the impact fees due for the Mana Wynwood SAP as provided below:
Parks Impact Fee Credit. The City finds that the Developer's
contribution of the Public Open Spaces and related improvements
provide more land, Open Space, enhancements, landscape and
hardscape features than necessary to accommodate the demand for park
and recreation facilities generated by the residential component of the
Mana Wynwood SAP. Accordingly, the City shall review Developer's
impact fee petition and may grant the Developer credit in the
ascertainable amount of the Developer's contribution against the Parks
Impact Fees otherwise due for the overall development of the SAP
Area, as provided in Section 13-12 of the City Code.
(e) Mana Wynwood Fire Station hnprovements. As consideration for certain
modifications to standards set forth in the City's land development regulations,
the Developer hereby agrees to construct a new fire station, within the SAP
Area or off-site within two thousand (2,000) feet of the SAP Area, for the
exclusive use and benefit of the City and its residents and to lease the fire
station to the City, subject to substantial accordance with the terms and
conditions set forth in this Agreement (the "Mana Wynwood Fire Station
Improvements"). The Mana Wynwood Fire Station Improvements shall be
completed prior to the construction of four million five hundred thousand
(4,500,000) square feet of new Floor Area or FLR within the SAP Area. The
City Manager is hereby authorized to administratively negotiate and execute
agreements with the Developer for the location, design, construction, and long
term lease of the Mana Wynwood Fire Station pursuant to the terms provided
herein and in substantial accordance with the following:
Fire Station Improvement Development Parameters. The
Developer's construction of the Mana Wynwood Fire Station shall be
limited to the structure containing the Mana Wynwood Fire Station,
assigned ,reserved and dedicated parking spaces consisting of not less
than 16 parking spaces for such facility, and reasonable utilities and
telecommunications. Construction of the Mana Wynwood Fire Station
shall not include any other property, amenities or equipment not
mentioned or implied in this Agreement; provided, however, that
incidental and supplemental amenities or equipment may be included if
mutually agreed upon by the City and Developer. Construction of the
Mana Wynwood Fire Station shall meet the following minimum
requirements, as permitted by the City:
a) Intensity. The building Floor Area for the Mana Wynwood Fire
Station shall not exceed eleven thousand (11,000) gross square
feet (inclusive of mechanical and common areas).
19
b) Parking. A total of sixteen (16) assigned or dedicated on-site
parking spaces shall be provided for the use of the Mana
Wynwood Fire Station.
C) Utilities. The Developer shall provide reasonable utilities
including water lines, sewer lines, electric service, telephone
service, and telecommunication and information technology
lines in a sufficient operational state required to support the
Mana Wynwood Fire Station.
d) The Fire Station and the sixteen (16) reserved and assigned
parking spaces will be leased to the City in a Lease Agreement
in a form acceptable to the City Manager, the Planning and
Zoning Director, and the Director of Real Estate and Asset
Management ("Dream"), and the City Attorney as to legal
form, for a term of not less than ninety nine (99) years at a rent
of no more than ten (10) dollars a year. The City will not be
assessed any taxes, assessments, charges, dues, fees, levies,
impositions or similar costs for its use of this property as a Fire
Station which it is agreed serves a valid municipal public
purpose.
(f) Public Benefits Contributions. The development of the Project will utilize the
City's Public Benefits Program for the purposes of obtaining bonus Height, as
permitted under Section 3.14 of the Regulating Plan, through the contribution
of certain public benefits including but not limited to:
i. Contribution to the Wynwood :Public Benefits Trust Fund, as required
by Section 3.14.6 of the Regulating Plan. A minimum of thirty-five
percent (35%) of cash contributions by Developer to the Wynwood
Public Benefits Trust Fund to be allocated towards
affordable/workforce housing pursuant to Section 62-645(d) of the City
Code shall be satisfied or allocated to development of
Affordable/Workforce Housing by Developer within the SAP Area or
within a one thousand (1,000) foot radius of the SAP Area.
ii. The completion of certain improvements and enhancements as follows:
Public Open Space Improvements, the Mana Wynwood Fire Station
Improvements, FPL Utility Improvements and Street Right of Way and
Landscape Improvements, as described herein (collectively, the "SAP
Public Improvements"). The Planning and Zoning Director has the
authority to replace, allocate, shift and modify the Developer's Public
Benefits contributions and SAP Public Improvements Phasing
Schedule, including the approval of additional contributions.
Following ten (10) years from the Effective Date, in the event the
Project and/or approved Public Benefit contributions have not been
completed, the Planning and Zoning Director shall have the authority to
PQ
abandon the Mana Wynwood SAP Public .Benefits Program and require
the Developer to tender direct Public Benefit contribution payments to
the Wynwood Public Benefits Trust Fund for the provided benefit
Height. The fee per square foot of Benefit Height is thirteen dollars
and sixty six cents ($13.66). The Wynwood Public Benefits
contribution fee per square foot shall be increased, and compounded
annually, pursuant to the Consumer Price Index ("CPI") to a maximum
of three percent (3%) per year.
15. Mana Wynwood Fire Station.
(a) Development Entitlements. The City, as applicant, shall apply for and
diligently pursue any and all zoning, land use and/or other approvals and
entitlements with the City, County and other governmental agency required to
permit the development and use of the Mana Wynwood Fire Station. The City
shall take any other reasonably necessary administrative action as required to
permit the Community Support Facility use for the development of the Mana
Wynwood Fire Station, including but not limited to, land use amendments,
Waiver, Warrant, Exception or Variance ("Fire Station Approvals"). All Fire
Station Approvals are subject to the processes required by state and local laws,
and may require public hearings, and nothing in this Agreement shall be
construed as a waiver or abridgement of the City's governmental or police
powers with regard to the Fire Station Approvals.
(b) Mana Wynwood Fire Station Lease. The Developer will retain ownership of
the Mana Wynwood Fire Station but shall grant the City an exclusive leasehold
interest ("Lease Agreement") for the use and occupation of the Mana
Wynwood Fire Station. The Developer and the City shall enter into a Lease
Agreement to assign their respective responsibilities and obligations for the use
and occupation of the Mana Wynwood Fire Station. The City Manager and the
Developer shall execute a Lease Agreement in substantial accordance with the
following terms:
i. Rate. The Lease Agreement shall set an annual rate of ten dollars
($10.00) payable to the Developer by the City on a predetermined date.
ii. Occupancy. The City will be permitted to take possession of the Mana
Wynwood Fire Station upon issuance of a Temporary Certificate of
Occupancy by the City and pursuant to the execution of the Lease
Agreement.
iii. Term. The Lease Agreement shall expressly be for an initial term of
one hundred (100) years with two subsequent automatic extensions for
a period of ninety-nine (99) years each.
iv. Nuisance. The Lease Agreement shall expressly prohibit the use of
sirens by incoming and outgoing Fire Department service vehicles in
21
order to avoid disturbance and nuisance to visitors, tenants, residents
and neighbors.
V. Parking. The Lease Agreement shall dedicate or assign sixteen
(16) parking spaces for the exclusive use of the Mana Wynwood Fire
Station.
vi. Condominium or Other Forms of Ownership. The Lease Agreement
shall expressly reserve the Developer's right to convert the SAP Area,
or parts thereof, including the Mana Wynwood Fire Station, to a
condominium or other collective form of ownership subject to a master
covenant at any time. The City hereby expressly agrees and grants its'
prospective consent to permit the conversion of the SAP Area,
including the Mana Wynwood Fire Station, to a condominium or other
collective form of ownership subject to a master covenant. In the event
that a portion of the SAP Area or Mana Wynwood Fire Station is to be
converted to a condominium or other collective form of ownership, the
Developer shall convey and the City shall accept the Mana Wynwood
Fire Station in fee simple to the City in exchange for consideration of a
one-time payment of ten dollars ($10.00) by the City.
vii. Utilities and Ongoing Expenses. The City shall be responsible for the
payment of all utilities (including but not limited to electricity, water
and sewer services) whether private or public, and operational expenses
(including but not limited to maintenance costs) directly serving and
solely attributable to the use of the Mana Wynwood Fire Station.
Separate meters shall be installed by the Developer for electrical and
water utilities for the Mana Wynwood Fire Station, at Developer's sole
cost and expense. The City shall provide and have collected its own
dumpster for solid waste removal.
viii. Impact Fees. The Developer shall not be required to pay any Fire
Impact Fees to the City for the areas solely dedicated to the Mana
Wynwood Fire Station.
ix. Taxes. The City's use of the Mana Wynwood Fire Station is solely for
the specific, exclusive municipal public purpose and essential public
service of providing a Fire -Rescue Station for the Wynwood area and is
not subject to ad -valorem taxation. In the event the County assesses
ad -valorem taxes against the Mana Wynwood Fire Station, the
Developer will cooperate with the City to ensure that no taxes are
assessed against the Mana Wynwood Fire Station and shall take
appropriate action to ensure that the Mana Wynwood Fire Station
remains tax exempt, including the prompt conveyance by warranty
deed of the Mana Wynwood Fire Station to the City. Notwithstanding
anything provided in this Agreement, in no event shall the Developer
and its' successors, transfer and/or assigns be responsible for payment
AN
of any taxes assessed solely for the Mana Wynwood Fire Station only,
once the City has taken possession of the Fire Station.
X. The Fire Station and the 16 reserved and assigned parking spaces will
be leased to the City in a Lease Agreement in a form acceptable to the
City Manager, the Planning and Zoning Director, and the Director of
Real Estate and Asset Management ("DREAM"), and the City
Attorney as to legal form.
xi. The Developer shall timely construct, at its own cost, and complete the
Fire Station substantially in accordance with plans approved by the City
Manager, Planning and Zoning Director and Fire Chief, which will be
on file with the City and deemed as being incorporated by reference
herein. The Developer will undertake the construction in accordance
with all Florida Building Code, City Code, Miami2l requirements, and
in compliance with all applicable permitting and regulatory
requirements
(c) Fire Impact Fee Credit Agreement. The Parties agree that in consideration of
the Developer's construction and lease of the Mana Wynwood Fire Station, the
City will grant the Developer credit against the impact fees due for the Mana
Wynwood SAP as provided below:
Fire Impact Fee Credit. The City finds that the Mana Wynwood Fire
Station adds sufficient capacity to the City's fire and rescue system to
accommodate the demand generated by development of the SAP Area.
Accordingly, the City shall review Developer's impact fee petition and
may grant the Developer credit in the amount of the Developer's
ascertainable contribution against the Fire Impact Fee otherwise due for
the overall development of the SAP Area including any residential,
commercial, or other component of the Mana Wynwood SAP, as
provided in Section 13-10 of the City Code.
(d) Public Benefit. The Parties agree that in the event that the City does not obtain
the rights to permit the development of the Fire Station, the Parties will
negotiate a substitute, comparable public benefit to serve in lieu of the Fire
Station. Any amendment to this Agreement must be done in accordance with
the procedures set forth in Florida Statutes and City laws and regulations. The
City does not waive its police power, and nothing in this paragraph shall be
construed to waive or abrogate the City's police power with regard to the
review and approval or disapproval of this Agreement or an amendment to this
Agreement.
16. Valet Parking. The Developer intends to establish a uniform valet system to service
the SAP Area generally. In accordance with Sections 35-305 and 35-306 of the City
Code, as amended, the maximum allowed valet permits may be issued for the
23
operation of a valet parking area on the same side of the block where the permit
applicant is the operator of the uniform valet system.
17. Parking Management Program. Parking within the SAP Area shall be implemented
through a parking management program. The parking management program shall
track existing and anticipated parking through an interactive spreadsheet maintained
by the Developer and reviewed by the Planning and Zoning Director before issuance
of each vertical building permit for the Project (the "Parking Management
Program"). Parking usage shall be debited from the total parking pool available
within the SAP Area. Parking availability shall be added to the total parking pool
available within the SAP Area. The Parking Management Program shall incorporate
the parking plans attached hereto as Exhibit "F." The numbers and figures provided
in the Parking Management Program may be revised and updated accordingly from
time to time by the Planning and Zoning Director including at such times as certain
interim parking is discontinued and permanent parking becomes available.
(a) hlterim Parking. For the purposes of accommodating the phased development
of the Project, interim and temporary parking on conditionally, unimproved
and partially improved lots by valet service may be permitted in order to
satisfy required parking under Miami 21 and the Regulating Plan.
Notwithstanding the requirements of Sections 62-543 and 62-544 of the Code,
interim parking shall be permitted in the SAP Area without having to comply
with permanent parking requirements on the proposed interim lots identified in
the Parking Management Program. The Planning and Zoning Director shall
approve the design of the interim parking lots prior to issuance of a building
permit for improvements. In the event that valet service is no longer provided
for interim parking in the SAP Area, the Developer shall comply with the
applicable parking requirements.
(b) Permanent Parking. The Developer shall construct permanent parking
facilities to serve the SAP Area by the completion of Parcel 3 of the East Zone
or prior thereto, in compliance with the parking requirements of the Regulating
Plan ("Permanent Parking Facilities"). The Planning and Zoning Director
shall assess the Parking Management Program every five (5) years for
Permanent Parking availability. Permanent Parking Facilities may consist of
centralized parking facilities and/or structured parking facilities as accessory
and/or principal uses.
18. SAP Transportation Trust Fund Contribution. Any parking facilities surcharge
collected for parking in public parking facilities located in the SAP Area pursuant to
the City of Miami Parking Facilities Surcharge Ordinance, Chapter 35, Article X of
the City's Code of Ordinances, shall be allocated to the City's Transportation Trust
Fund, as established in Article VII of the City's Code of Ordinances (the "SAP
Transportation Trust Fund Contribution"). All funds collected through the SAP
Transportation Trust Fund Contribution shall be reserved in the City's Transportation
Trust Fund in order to facilitate the creation, operation, and/or maintenance of mass
transit and other transportation facilities within the Wynwood area, including, but not
24
limited to the City's trolley system and capital or acquisition costs associated with the
creation of new public off-street parking facilities in the Wynwood area. These funds
may be carried over to the succeeding fiscal year. Expenditures in connection with the
SAP Transportation Trust Fund Contribution shall be made pursuant to Sections 35-
253 and 35-254(d) of the City's Code of Ordinances.
19. Alcoholic Beverage Sales. The Property is located within the Mana Wynwood SAP
T5-0, T6 -8a-0, T6 -8b -O, and T6-12-0 Transect Zones, as depicted in Miami 21 and
the Mana Wynwood SAP.
(a) Retail Specialty Center Designation. ate. Pursuant to Chapter 4 of the City Code,
two (2) retail specialty centers are hereby designated for properties located
within the SAP Area. The West Zone Retail Specialty Center shall consist of
all properties located within the West Zone of the SAP Area. The East Zone
Retail Specialty Center shall consist of all properties located within the East
Zone of the SAP Area. The maximum number of establishments selling
alcoholic beverages permitted within retail specialty centers in the SAP Area
shall not exceed five (5) per individual retail specialty center, exclusive of any
bona fide, licensed restaurants where the sale of alcoholic beverages is entirely
incidental to and in conjunction with the principal sale of food (e.g. bona fide,
licensed restaurants with a 2 -COP, 2 -COP SRX, 4 -COP, 4 -COP SRX, or
equivalent license). Alcoholic Beverage Service Establishments are permitted
within the SAP Area as provided in Article 4, Table 3 of the Regulating Plan.
Notwithstanding the requirements of Sections 4-7 and 4-10 of the City Code,
restrictions relating to the maximum number and location of alcoholic
beverage establishments, including but not limited to, required distances from
churches, residential districts, schools and other alcoholic beverage
establishments, whether within or outside the SAP Area, shall not be
applicable to establishments within the SAP Area.
20. Temporary Uses. Temporary uses within the SAP Area shall be governed by the
laws and regulations of the City, including Chapter 62 of the City Code. Additionally,
temporary food and beverage sales within temporary structures located in the T5-0
properties fronting NW 2nd Avenue shall not be permitted without the consent and
approval of the members of the Wynwood Business hnprovement District Board,
which shall not be unreasonably withheld or refused.
21. Phased Development. The Developer and the City agree that the Project may be
developed by multiple parties in multiple phases over the life of the Project.
(a) Phased Development of West Zone.
A building permit for the development of a Building located in the
West Zone exceeding twelve (12) Stories and up to sixteen (16) Stories
in Height may not be issued until Developer has completed or obtained
a building permit for the development of a minimum of twenty-five
percent (25%) of the total permitted Base FLR in the East Zone.
25
ii. A building permit for the development of a Building located in the
West Zone exceeding sixteen (16) Stories and up to twenty (20) Stories
in Height may not be issued until Developer has completed or obtained
a building permit for the development of a minimum of thirty percent
(30%) of the total permitted Base FLR in the East Zone.
iii. A building permit for the development of a Building located in the
West Zone exceeding twenty (20) Stories and up to twenty-four
(24) Stories in Height may not be issued until Developer has completed
or obtained a building permit for the development of a minimum of
thirty-five percent (35%) of the total permitted Base FLR in the East
Zone.
(b) Phased Development of East Zone. Residential development (excluding
Lodging and Affordable/Workforce Housing) within the East Zone shall not
exceed twenty-five percent (25%) of the total permitted residential density for
the East Zone for a period of seven (7) years from the Effective Date of this
Agreement. No other restrictions by virtue of this Agreement on residential
development shall apply following the expiration of this time period.
22. Maintenance of Artwork. Developer covenants that it shall provide all maintenance
necessary to preserve artwork provided on building's facades located in the SAP Area
in good condition and in accordance with established procedures for the maintenance
and conservation of artwork. Should any such building containing artwork be
declared to be either a common area or a common property to be maintained by a
condominium, master, or homeowner's association organized, existing, and
recognized to be in good standing under applicable State of Florida laws (the
"Governing Association"), such Governing Association shall be responsible, as
successor to the Developer, for all of the maintenance obligations under this provision.
23. Compliance With Fire/Life Safety Laws. The Developer shall at all times in the
development and operation of the Project comply with all applicable laws, ordinances
and regulations including, without limitation, life safety codes to insure the safety of
all SAP Area and City residents and guests. Specifically and without limitation, the
Developer will install and construct all required fire safety equipment and water lines
with flow sufficient to contain all possible fire occurrences.
24. Formation of Community Development District. In the event the creation of a
Community Development District ("CDD") is approved for the Project, the CDD may
assume the Developer's responsibility under this Agreement without the City's
approval ("Assumption"). Notice of the Assumption, including copies of the
executed documents memorializing the Assumption, shall be provided to the City as
detailed in this Agreement.
25. Local Development Permits. The Project may require additional permits or
approvals from the City, County, State, or Federal government and any division
thereof. Subject to required legal process and approvals, the City shall make a good
26
faith effort to take all reasonable steps to cooperate with and facilitate all such
approvals. Such approvals include, without limitation, the following approvals and
permits and any successor or analogous approvals and permits:
(a) Waiver(s), Warrant(s), Exception(s), Variances, or SAP Permits;
(b) Subdivision plat and/or waiver of plat approvals;
(c) Public Works approvals;
(d) Street Vacations and Closures;
(e) Covenant in Lieu of Unity of Title and/or Unity of Title and/or Declaration of
Restrictions acceptance and the release of any existing unities, covenants or
Declarations of Restrictions;
(f) Water and Sanitary Sewage Agreement(s);
(g) Paving and Drainage Plans and Permits;
(h) Tree Removal Permits;
(i) Demolition Permits;
0) Environmental Resource Permits;
(k) Miami -Dade Transit approvals;
(1) Federal Aviation Administration and Miami -Dade Aviation Department
determination(s) and approval(s);
(in) Right of Way Encroachment permits or licenses;
(n) Miami Parking Authority approvals;
(o) Temporary Use Permits and Temporary Event Permits;
(p) Any other official action of the City or other government agency having the
effect of permitting development within the SAP Area;
(q) Building permits;
(r) Certificates of use and/or occupancy;
(s) Stormwater permits; and
(t) Any other official action of the City, County, or any other government agency
or instrumentality having the effect of permitting development of the SAP
Area.
27
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 in the SAP Area
shall be vested solely in the City Manager, with the recommendation of the Planning and
Zoning Director. 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.
26. Necessity of Complying with Regulations Relative to Development Permits. The
Developer 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 the Developer of the necessity of complying with the regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restrictions.
Pursuant to Section 163.3241, Florida Statutes (2018), if state or federal laws are
enacted after the execution of this Agreement which are applicable to and preclude the
parties' compliance with the terms of this development agreement, this Agreement
shall be modified or revolted as is necessary to comply with the relevant state or
federal laws.
27. Consistency with Comprehensive Plan. The City finds that development of the SAP
Area is in conformity with the Existing Zoning and is consistent with the
Comprehensive Plan. As of the Effective Date, the Developer 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 the Developer to provide
additional Public Facilities to accommodate the Project, the Development will provide
such Public Facilities consistent with the timing requirements of Section 163.3180,
Florida Statutes (2018). The Developer shall be bound by the City impact fees and
assessments in existence as of the date of obtaining a building permit, per Chapter 13
of the Code, except as modified by the terms of this Agreement including any waiver
of impact fees expressly approved herein.
28. Cooperation, Expedited Permitting and Time is of the Essence. 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 the Developer in achieving its development and construction
milestones. The City will accommodate requests from the Developer'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 will designate an individual within the City Manager's
office who will have a primary (though not exclusive) duty to serve as the City's point
of contact and liaison with the Developer 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. Notwithstanding
the foregoing, the City shall not be obligated to issue development permits to the
extent the Developer does not comply with the applicable requirements of the Existing
Zoning, the Comprehensive Plan, this Agreement and applicable building codes.
28
29. Reservation of Development Rij4hts.
(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 (1) the
Existing Zoning and/or the Comprehensive Plan, (2) any zoning change
subsequently requested or initiated by the Developer in accordance with
applicable provisions of law or (3) 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 the Developer
or its successors or, assigns to continued development of the Property in
conformity with Existing Zoning and all prior and subsequent approved
development permits or development orders granted by the City.
30. Miami Trolley. The Developer acknowledges that the City is currently planning to
extend its trolley system further into Wynwood and that this expansion may traverse
or abut the SAP Area. The Developer agrees to cooperate with the City so that any
portion of the trolley route which runs through or is adjacent to the SAP Area can be
accommodated within the dedicated public rights-of-way. The City agrees to evaluate
whether at least one (1) trolley stop can be incorporated into the Project.
31. Annual Report and Review.
(a) This Agreement shall be reviewed by the City annually on the anniversary of
the Effective Date of this Agreement. The Developer, or its assign, shall
submit an annual report to the City for review at least thirty (30) days prior to
the annual review date. The report shall contain a section by section listing of
what obligations have been met and the date finalized as good faith compliance
with the terms of this Agreement. The City Manager shall review the annual
report and accept it if it is found to be in compliance.
(b) If the City finds, on the basis of substantial competent evidence that there has
been a failure to comply with the terms of the agreement, the City shall provide
the Developer with a fifteen (15) day written notice and an opportunity to cure
the non-compliance. The Developer shall have forty five (45) days after the
expiration of the fifteen (15) day notice period to begin to address or cure the
non-compliance, after which the Agreement may be revolted or modified by
the City Commission following two (2) duly noticed public hearings. The
obligation to submit an annual report shall conclude upon the date on which
the Agreement is terminated.
29
32. Notice. All notices, demands and requests which may or are required to be given
hereunder shall, except as otherwise expressly provided, be in writing and delivered by
personal service or sent by United States Registered or Certified Mail, return receipt
requested, postage prepaid, or by overnight express delivery, such as Federal Express,
to the Parties at the addresses listed below. Any notice given pursuant to this
Agreement shall be deemed given when received. Any actions required to be taken
hereunder which fall on 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.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With copies to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor, Suite 945
Miami, Florida 33130
To the Developer:
Mr. Moishe Mana
Mannigan Holdings, LLC
215 Coles Street
Jersey City, New Jersey 07310
With copies to:
Greenberg Traurig, P.A.
Iris Escarra, Esq.
Carlos R. Lago, Esq.
333 SE 2nd Avenue
Suite 4400
Miami, Florida 33131.
Any Party to this Agreement may change its notification address(es) by providing written
notification to the remaining parties pursuant to the terms and conditions of this section.
33. Joinder.
(a) If the Developer, its successor or assigns, acquires fee simple title to a property
not included in this Agreement subsequent to the Effective Date, the Developer
may incorporate such property into this Agreement, subjecting it to the rights
30
and obligations established hereunder, provided that the Developer executes
the Joinder Form and Acknowledgement of Joinder attached hereto as Exhibit
"G." Once executed, the Developer shall record the executed Joinder Form in
the public records of Miami -Dade County and file same with the City Cleric.
(b) The Parties agree that any property which is incorporated into the Agreement
through this Joinder provision shall be subject to the Existing Zoning, the
Comprehensive Plan and the terms of this Agreement. In the event that the
City does not afford any subsequently incorporated property with the
protections of the Existing Zoning, the Comprehensive Plan and the terms of
this Agreement, the City will be deemed to have breached this Agreement.
(c) Nothing herein shall prohibit the Developer from objecting to any policy which
would not afford a subsequently incorporated property within the SAP Area as
defined herein which is included in this Agreement by an Amendment with the
protections of the Existing Zoning, the Comprehensive Plan and the terms of
this Agreement, as applicable.
34. Enforcement. The City, its successor or assigns, and. the Developer shall have the
right to enforce the provisions of this Agreement. Enforcement shall be by action at
law or in equity against any parties or persons violating or attempting to violate any
covenants, either to restrain violation or to recover damages or both. The prevailing
party in the action or suit shall be entitled to recover, in addition to court costs and
disbursements allowed by law. Each party shall bear their own respective attorney's
fees.
35. Modification. In accordance with the Concept Book and this Agreement, the Project
may be developed in phases. This Agreement may be modified, amended or released
as to any phase, or any portion thereof, by a written instrument executed by the, then,
owner(s) of such phase provided that the same is also approved by the City. Any
application related to a particular phase, or any portion thereof, shall only require the
consent, acknowledgment and/or joinder of the then owner(s) of such phase. In the
event that there is a recorded homeowners, master, condominium and/or other
association covering the property, any phase or any portion thereof, said association
may (in lieu of the signature or consent of the individual members or owners), on
behalf of its members and in accordance with its articles of incorporation and bylaws,
consent to any proposed modification, amendment, or release by a written instrument
executed by the association. Any consent made pursuant to a vote of an association
shall be evidenced by a written resolution of the association and a certification
executed by the secretary of the association's board of directors affirming that the vote
complied with the articles of incorporation and the bylaws of the association. For
purposes of this Agreement, references to "condominium association" or "association"
shall mean any condominium or other association or entity, including master
association, as applicable, which governs any portion of the Property.
36. Authorization to Withhold Permits and Inspections. hl the event the Developer is
obligated to make payments or improvements under the terms of this Agreement or to
31
take or refrain from taking any other action under this Agreement, and such
obligations are not performed as required, in addition to any other remedies available,
the City is hereby authorized to withhold any further permits, and refuse any
inspections or grant any approvals until such time this Agreement is complied with.
37. 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 the County. In addition to any other
legal rights, the City and the Developer 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.
38. Severability. The provisions of this Agreement apply to all Developer parties jointly
and severally. Invalidation of any of these covenants, by judgment of court in any
action initiated by a third party, in no way shall affect any of the other provisions of
this Agreement, which shall remain in full force and effect.
39. No Oral Chante or Termination. This Agreement and the exhibits and attachments
constitute the entire agreement between the Parties with respect to the components of
the Mana Wynwood SAP discussed herein. This Agreement supersedes any prior
agreements or understandings between the Parties with respect to the subject matter
hereof. 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 after two (2) public hearings before the City Commission. This Agreement cannot
be changed or terminated orally.
40. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the term of this Agreement, the Developer 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 Party's obligations and performance under this
Agreement, all as they may be amended from time to time.
41. Voluntary Compliance. The Parties agree that in the event all or any part of this
Agreement is struck down by judicial proceedings or preempted by legislative action,
the Parties shall continue to honor the terms and conditions of this Agreement to the
extent allow by law.
32
42. Representations; Representatives. Each Party represents to the other that this
Agreement has been duly authorized, delivered, and executed by such Party with the
legal authority to do so and therefore this Agreement constitutes the legal, valid, and
binding obligation of such party, enforceable in accordance with its terms.
43. 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 (other than any remedy which may be available at law or in equity
which permits the termination of this Agreement), except where otherwise expressly
provided.
44. Events of Default.
(a) The Developer shall be in default under this Agreement if any of the following
events occur and continue beyond the applicable grace period: the Developer
fails to perform or breaches any term(s), covenant(s), or condition(s) of this
Agreement, which breach 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 the Developer 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(s), covenant(s), or condition(s) of this Agreement and such
failure is not cured within thirty (30) days after receipt of written notice from
the Developer 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) 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 any party. The Parties may
pursue appropriate remedies in bankruptcy to compel the bankrupt or its
representative to assume the Agreement. Notwithstanding the foregoing or
anything contained in this Agreement to the contrary, (i) a default by any
successor(s) or assignee(s) of the Developer of any portion of this Agreement
shall not be deemed to be a breach by (A) the Developer, or (B) any other
successor or assignee of the Developer; and (ii) a default by the Developer
under this Agreement shall not be deemed to be a breach by any successor(s)
or assignee(s) of the Developer of their respective rights, duties, or obligations
under this Agreement. For purposes of clarity, the Project may be developed
by multiple parties in multiple phases over the next several years. Any actual
or alleged default by a developer of a portion(s) or phase(s) of the Project,
33
including, but not limited to, the Developer, shall not cause, nor be treated,
deemed, or construed as a default by another developer or Party with respect to
any other portion(s), phase(s), or component(s) of the Project.
45. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other
party, but shall have all of the remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreement not cured within
the applicable grace period, the Developer 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. The City hereby acknowledges that any claim for damages under
this Agreement is not limited by sovereign immunity or similar limitation of
liability.
46. Assignment or Transfer. This Agreement shall be binding on the Developer and its
heirs, successors, and assigns, including the successor to or assignee of any Property
Interest. The Developer, at its sole discretion, may assign, in whole or in part, this
Agreement including 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. The City shall be notified in writing
within thirty (30) days after any assignment or transfer. Any Assignment will require a
written instrument in a form acceptable to the City wherein the Assignee assumes all
obligations and duties herein.
47. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful termination
of this Agreement, the following obligations shall survive such termination and
continue in full force and effect until the expiration of a one (1) year term following
the earlier of the effective date of such termination or the expiration of the Term:
(i) the exclusive venue and choice of law provisions contained herein; (ii) rights of any
party arising during or attributable to the period prior to expiration or 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 expiration or permitted early termination
hereof.
48. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and the Developer and neither the
Developer nor its employees, agents, contractors, subsidiaries, divisions, affiliates or
guests shall be deemed agents, instrumentalities, employees, or contractors of the City
for any purpose hereunder, and the City, its contractors, agents, and employees shall
not be deemed contractors, agents, or employees of the Developer or its subsidiaries,
divisions or affiliates.
34
49. Successor(s), Assigns, and Designees. The covenants and obligations set forth in this
Agreement shall extend to the Developer, its successor(s) and/or assigns. Nothing
contained herein shall be deemed to be a dedication, conveyance or grant to the public
in general nor to any persons or entities except as expressly set forth herein.
50. Third -Party Defense. The City and the Developer shall each, at their own cost and
expense, vigorously defend any claims, suits or demands brought against them by third
parties challenging the Agreement or the Project, or objecting to any aspect thereof,
including, without limitation, (i) a consistency challenge pursuant to Section 163.3215,
Florida Statutes (2018), (ii) a petition for writ of certiorari, (iii) an action for
declaratory judgment, and/or (iv) any claims for loss, damage, liability, or expense
(including reasonable attorneys' fees). The City and the Developer shall promptly
give the other written notice of any such action, including those that are pending or
threatened, and all responses, filings, and pleadings with respect thereto.
51. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of the Developer
and its successors and assigns, and the City in writing. Prior to amending or
terminating this Agreement, the City Commission shall hold two (2) duly noticed
public hearings
52. No Third -Party Beneficiary. No persons or entities other than the Developer and the
City, permitted successors and assigns, shall have any rights whatsoever under this
Agreement.
53. Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida at the Developer's expense and shall inure to the benefit of the City.
A copy of the recorded Development Agreement shall be provided to the City Cleric
and City Attorney within two (2) weeks of recording.
54. No Conflict of Interest. The Developer agrees to comply with Section 2-612 of the
City Code as of the Effective Date, with respect to conflicts of interest.
55. Counterparts. 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.
56. Estoppel Certificate. Upon request by any Party to this Agreement, the other Party or
its duly authorized representative will deliver to the requesting Party, within thirty
(30) days after such request is made, a certificate in writing certifying (a) that this
Agreement is unmodified and in full force and effect (or if there have been any
modifications, a description of such modifications and confirmation that this
Agreement as modified is in full force and effect); (b) that to the best knowledge of
such Party, the requesting Party is not, at that time, in default under any provision of
this Agreement, or, if in default, the nature thereof in detail; (c) to the best knowledge
of such Party, whether such Party has a claim against any other Party under this
Agreement, and, if so, the nature thereof and the dollar amount of such claim; and
35
(d) such other matters as such requesting Party or its lender may reasonably request.
Each Party further agrees that such certificate shall be in a form reasonably acceptable
to the City Attorney and may be relied upon by (1) any prospective purchaser of the
fee or mortgage or assignee of any mortgage on the fee of the Property or any portion
thereof and/or (2) any prospective or existing lender of Developer as identified by
Developer in its request therefore. A five hundred ($500.00) regulatory administrative
fee must be paid to the City at or prior to the time of requesting an Estoppel Certificate
from the City.
NOW, WHEREOF, the City and the Developer have caused this Agreement to be duly
executed.
[Execution Pages for the City and the Developer Follow]
36
IN WITNESS WHEREOF, these presents have been executed this day of
12016.
Witnesses:
Print arne:
h
Pri Nam`�e:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Mannigan Holdings, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this klday of o c%,, ate. 201f,1 6
by i e)jyfcr_ M44,A as i�✓� E.r� nr.., r of Mannigan Holdings, LLC, a Delaware
limited liability company. Personally Know or Predtiecd Ident+fitati�on
Type of Identification Produced o t ,0 /&14,114
Jay Chung un
` -Commission # FF0922.39
w"Fxpires; FEB. 1.2,2018 NOTARY SIG ATURE
�e dPtlift, 1"'s� www. AARON N 01 ARYCOM
Prid Or Stamp Name: /,ekJ (h14
Notary Public, State of Floridal�/
Commission No.: N/A Fi
Witnesses:
Print N me: 144
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Megan Holdings, LLC, a Delaware
limited liability company
By:Al�
Name:
Title:
The foregoing instrument was acknowledged before me this A!�day of octo 8 201Xbl
by too j,( -g6- Nd,,,,4 , as s, n yN I of Megan Holdings, LLC, a Delaware limited
liability company. Personall Known — X er Pra ueed Iden6fitati-an
Type of Idet4f-i�&&tion ProTfared- NO 1
`Commission#FF092239 NO RY SIG ATURE
:FEB. B. 12, 2018
Print or Stamp Name: (lh an
°+nu9t°j° WWW,fRONNOTARY.con
Notary Public, State of Florida
Commission No.: N/A Row&
My Commission Expires: FF v?,Z� -1)
Witnesses:
Print Name: U D(%
Print ame:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Melanie Holdings, LLC, a Delaware
limited liability company
Sy:
Name:
Title: Zjz
The foregoing instrument was acknowledged before me this /Eday of t2c 201
by tU r4 as 0.mz of Melanie Holdings, LLC, a Delaware
limited liability company. Pe sonally Known _ et P reed Iderrtification
Type -of Ide*timfieati-on Pro-dme-d NO2 'W "44 ,.
,puarP
Jay Chung
CommiSsion#FF092239 NOT Y GN TURE
off•' ukA" .'X,5;
>o' Y�4s Expires: FEB. 12, 2018
OF WWW,AARONNOTARY,com Print r Stamp Name: f,4,1CFIHN(,
1811100 Notary Public, State of Florida
Commission No.: N/A Ff o9.;W)
My Commission Expires: ft,3,2u4k
Witnesses:
Print Name:
SK T
Print ame: _
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Milana Holdings, LLC, a Delaware
limited liability company
By:
Name:
Title:
I/
The foregoing instrument was acknowledged before me this V,! day of p C � 201/'
by k &C k4,A , as fri, o f,z, of Milana Holdings, LLC, a Delaware limited
liability company. Personall Known X or Pro&rud Ide 447ca4an
Type •ef Ide14.4f 4on Predueed o
ff
,9811919dP� p _
Jayf.ill.Jf1�
qa��.•
NO,-(,ommiSSiOr)#FF()92239
RY SIG ATURE
'•;;o'F4 n^
Expires: FEB. 12, 2018
Prin or Stamp Name: My Cqutj(7
dean°°' WWW.AARONNOTARYcorn Notary Public, State of Florida
Commission No.: N/A FF0409
409
My Commission Expires: Fiew7
Witnesses:
Print Name. MON lr NN(6r-
CA 41
Print ame: ,
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Millie Realty, LLC, a Delaware
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of 4C 2., a ft 201/
by Hoiswt- Hg,, as_ of Mille Realty, LLC, a Delaware limited
liability company. Personally I&
X or Pradueed Identrf eati&n
Type 4-4dai+ti-fteation Pradh-trud
,90®'v","oJay Chiang
NOT Y IGN TUBE
`�s ;Commis ion#FF092239 J
Dfpires; FEB. 12, 2018 Print or Stamp Name: !4 / (HcGN (�
6r5, ' WWWAARONNOTARY.co n Notary Public, State of Florida
Commission No.: N/A FF 0,1,4 cl
My Commission Expires: Ff8nwly o-, ms's
Witnesses:
Print Name: ay()0yff(
Prin ame:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Malka Realty, LLC, a Delaware
limited liability company
By:
_ Z/'o
Name:
Title:
The foregoing instrument was acknowledged before me this of oa.6yi?i 201
by N K44-_ WAA4 , as . Dn"�,u^s2 of Malka Realty, LLC, a Delaware limited
liability company. Personally Itnown er P 4trced IdeirtrPit-ation
Type of Idan4 ieafion I-r-odi d o? �1� 11 r.4 Rl- �
°aA611i YG)
Jay h
ung
NOT Y IG ATURE
Commissicn#FF092239
in or Stam Name: J,,�Iy 0tuj1�
��.:.•_•��;", spire,,, FEBFCE3. 12_, 201 p
www'AARONNOTARY.com Notary Public, State of Florida
Commission No.: N/A FF tl ` ),I,?q
My Commission Expires: Foltw17 j2 -2-io
Witnesses:
Print Name: &IA :drV4W6— _
649
Print ame:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Mizrachi Holdings, LLC, a Delaware
limited liability company
By:
_ AV
Name:
Title -
The foregoing instrument was acknowledged before me this /, 'day of at b,f, 2015,
by K1,fyj M444 , asI p¢�1. _ of Mizrachi Holdings, LLC, a Delaware
limited liability company. Pe¥sonally Known X -ar Prod Idoitt4 ieft4earr
T e of IdentrC-eation Predrxeed
ggAflr5 P9ypP
lay Chutnx C tze 4n
-0n1mis5i0n#FF092239 NOT Y SIG ATURE
°f G114, 2018
Print r Stamp Name: 94� GWu �j
"aan�e+"' WVVYV.AAF�0NN0TARY.com
Notary Public, State of Florida
Commission No.: N/A 1~F Kaa 2li
My Commission Expires: Ffd*t 7 12-, Zo 8
Witnesses:
Print Name: �KIJN 6�'fG7_
Print N . ne:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Wynwood Holdings, LLC, a Florida
limited liability company
By:
Name:
Title: eez
d'
The foregoing instrument was acknowledged before me this Atday of jv , 201/1
by V.,-frj, 64d , as L N Z of Wynwood Holdings, LLC, a Florida
limited liability company. P sonally Known X -er Produced Iden44a.
Type of Identi-=ieation Pxedueed 4&Z Z Alw w (a
gr
,"s11i10",
ay C hung
rNOT Y A
TUBEk, :-FG239
E -y, s pins FEB, 2018 Print r Stamp Name: J/1 y CH uN C?
60IIE
YV
11S�� nY WAU+,RpNNOiflRY.c0i-,1
Notary Public, State of Florida
Commission No.: N/A FF o9<;u2y
My Commission Expires: F99tuO7 B )- , J,
Witnesses:
Print Name: ('011 DIraU
Print me:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Malux Realty, LLC, a Delaware
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this �day of 0c & Pf.,G 201 !'
by its, Ndj , as rs•, pg6, Z_ of Malux Realty, LLC, a Delaware limited
liability company. Personally I nown _ or Pro freed Idetti a°ton
T-ype of Iderrti�ation Predueed iva
Jay C;hUng
'- 5,1.x., r• _
,r� r 0ommi_1on#FF092239 NOT#Y SIGNATURE
xpirM FEB. 12, 2018
WWW.AARONNOTARY.com Print r Stamp Name:
®d"`fCoeeiap6
Notary Public, State of Florida
Commission No.: N/A FT" o q.._2 39
My Commission Expires: Ffflw y /2, 2201$
Witnesses:
Print Name:
Printfame:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
Mapton Holdings, LLC, a Delaware
limited liability company
B
T
The foregoing instrument was acknowledged before me thisday of CC %fes 201„8,'
by K ji j lye j as &V aLpof Mapton Floldings, LLC, a Delaware
limited liability company. rsonally Known _ o -r- Praduece& Id@W4fi-ett4cn
Type erf Idenfifteffti°on Produced 07 ,dm/�c C,
Jai Chung
W,,°.¢ ;� Comrnission.sF o��239 NOTRRY G ATURE
J`F>YE;;nires: FEB. 12,201s Print or Stamp Name: �ljl G�IUNC�
B°e eeinti°`x www.AARONNOTARY.com
Notary Public, State of Florida
Commission No.: N/A Fr- o 9a 4 ,? q1
My Commission Expires: F'f/awV /Z, :brg
CITY OF MIAMI, FLORIDA
ATTEST:
Emilio T. Gonzalez, City Manager
Todd B. Hannon, City Cleric
APPROVED AS TO FORM AND CORRECTNESS:
an
APPROVED AS TO PLANNING REQUIREMENTS:
Franc o J. arcia, Director of Planning
MoLn " u 9 ()O cel
47
47
EXHIBIT "All
MANN WYNWOOD SAP
DEVELOPMENT AGREEMENT
NWAWsr
ZYSCOVICH M4
A R C H 1 TE C T S i z..
Exhibit "A"
Legal Descriptions of Property
OWNER MANNIGAN HOLDINGS, LLC
Address (Folio No.) 318 NW 23 ST (01-3125-074-0010)
Legal Description That portion of Tract A, and Tract B, of
WYNWOODINDUSTRIAL COMPLEX, according to the Plat
thereof, as recorded in Plat Boole 149, Page 85, of the Public
Records of Miami -Dade County, Florida, more particularly
described as follows:
Beginning at the Northwesterly corner of said Tract A; thence run
N 89155'00" E along the North line of said Tract A, for a distance
of 600.00 feet to the Northeast corner of said Tract A; thence run
S 00102'00" W for a distance of 87.75 feet; thence N 89149'46" E
for a distance of 14.14 feet; thence run S 00006134" E a distance of
84.98 feet; thence run S 89048140" W for a distance of 232.96 feet;
thence run N 00102'00" E, for a distance of 85.06 feet; thence run
S 89049'46" W to a point on the Westerly line of said Tract A, for
a distance of 381.40 feet; thence run N 00002'00" E along the West
line of said Tract A, for a distance of 88.66 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
Commence at the Northeast corner of said Tract A; thence run S
00102'00" W, along the Easterly line of said Tract A, for a
distance of 87.75 feet; thence run N 89149'46" E, along the
boundary line of said Tract B, for a distance of 14.14 feet; thence
run S 00106'34" E, along the Easterly line of said Tract B, for a
distance of 114.85 feet to the POINT OF BEGINNING; thence run
S 00106'50" E, for a distance of 50.00 feet; thence run S 89048140"
W, for a distance of 62.27 feet; thence run N 00106'50' W, for a
distance of 50.00 feet; thence run N 89148'40" E, for a distance of
62.27 feet to the POINT OF BEGINNING.
TOGETIIER WITH:
Commence at the Northwesterly comer of said Tract A; thence
run N 89155'00" E along the North line of said Tract A, for a
distance of 489.28 feet; thence run S 00006'35" E, for a distance of
212.81 feet to the POINT OF BEGINNING; thence run S 00006135
E, for a distance of 40.00 feet; thence S 89148'40" W, for a
distance of 22.29 feet; thence run S 00106'35" E, a distance of
75.32 feet; thence S 89148'40" W, for a distance of 65.05 feet to the
point of curvature of a circular curve to the left; thence run along
said curve concave to the Southeast, having for its elements a
radius of 25.00 feet, a central angle of 89°55'10", for an are
distance of 39.23 feet; thence run S 90100'00" E, for a distance of
58.70 feet; thence run N 00106'30 W, for a distance of 99.71 feet;
thence run N 90000'00" W, for a distance of 117.96 feet; thence
run N 00100'00" E, for a distance of 40.00 feet; thence run N
89048'40" E, for a distance of 288.89 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
Commence at the Southeast corner of said Tract A; thence run S
90°00'00" W, along the South line of said Tract A, for a distance
of 70.00 feet to the POINT OF BEGINNING; thence continue S
90°00'00 W, along the South line of said Tract A, for a distance of
100.00 feet; thence run N 00106'30" W, for a distance of 135.00
feet; thence run N 90100'00" E, for a distance of 100.00 feet;
thence run S 00006'30" E, for a distance of 135.00 feet to the
POINT OF BEGINNING.
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
OWNER MEGAN HOLDINGS, LLC
Address (Folio No.) 243 NW 22 Terrace (01-3125-074-0030)
Legal Description A portion of the Southwest 1/4 of Section 25, Township 53
South, Range 41 East, Miami -Dade County, Florida, being
more particularly described as follows:
BEGINNING at a point 5.00 feet North of the Southwest
corner of Lot 8, Bloch "A" of "J.A. Dann's Second
Addition", according to the Plat thereof, as recorded in Plat
Book 3, Page 25, of the Public Records of Miami -Dade
County, Florida; thence run North 00 degrees 06 minutes 57
seconds West for a distance of 138.72 feet; thence run
South 89 degrees 48 minutes 58 seconds West, for a
distance of 240.11 feet; thence run North 00 degrees 06
minutes 35 seconds West for a distance of 200.27 feet; thence
run North 89 degrees 48 minutes 40 seconds East, for a
distance of 146.88 feet; thence run North 00 degrees 06
minutes 34 seconds West, for a distance of 40.00 feet;
thence run North 89 degrees 48 minutes 40 seconds East,
for a distance of 463.31 feet to the Point of Curvature of
a circular curve to the right; thence continue Southeasterly,
along said circular curve, having a radius of 25.00 feet,
through a central angle of 90 degrees 04 minutes 52 seconds
and an are distance of 39.31 feet to the Point of Tangency;
thence run South 00 degrees 06 minutes 28 seconds East,
for a distance of 6.5.30 feet to the Point of Curvature of a
circular curve to the right thence continue Southwesterly
along said circular curve, having a radius of 25.00 feet,
through a central angle of 89 degrees 55 minutes 08 seconds
and an are distance of 39.23 feet to the Point of Tangency;
thence rum South 89 degrees 48 minutes 40 seconds West,
for a distance of 27.33 feet; thence run North 00 degrees 06
minutes 29 seconds West, for a distance of 7.5.00 feet;
thence rum South 89 degrees 48 minutes 40 seconds West,
for a distance of 62.29 feet; thence run South 00 degrees
06 minutes 29 seconds East, for a distance of 75.00 feet;
thence run South 89 degrees 48 minutes 40 seconds West,
for a distance of 62.29 feet; thence run South 00 degrees 06
minutes 19 seconds East, for a distance of 125.01 feet;
thence rum South 89 degrees 48 minutes 58 seconds West
for a distance of 68.18 feet; thence run South 00 degrees 06
minutes 46 seconds East, for a distance of 139.20 feet,
thence run North 90 degrees 00 minutes 00 seconds West,
for a distance of 150.03 feet to the POINT OF BEGINNING.
Exhibit "A"
Exhibit "A"
Leal Descriptions of Property
OWNER MEGAN HOLDINGS, LLC
Address (Folio No.) 210 NW 22 TER (01-3125-043-0020)
Legal Description Lot 2 of Block 1, WEAVER'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 6, Page 31, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 550 NW 24 ST (01-3125-046-0050)
Legal Description Lots 5 through 26, Less Lot 11 and Less the South 41 feet of
the North 91feet of Lot 21, all in Block 1, of MORRIS PARK,
according to the map or Plat thereof, as recorded in Plat Book
7, Page 39, of the Public Records of Miami -Dade County,
Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 567 NW 23 ST (01-3125-046-0150)
Legal Description The North 42 feet of the South 93.2 feet of Lot 21, Block 1, of
MORRIS PARK, according to the Plat thereof, as recorded in
Plat Book 7, Page 39, of the Public Records of Miami -Dade
County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2380 NW 5 AVE (01-3125-046-0010)
Legal Description Lots 1, 2 and 4, Block 1, of MORRIS PARK, according to the
Plat thereof, as recorded in Plat Book 7, Page 39, of the Public
Records of Miami -Dade Comity, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2330 NW 5 AVE (01-3125-046-0030)
Legal Description Lot 3, Block 1, of MORRIS PARK, according to the Plat
thereof, as recorded in Plat Book 71 Page 39, of the Public
Records of Miami Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2324 NW 5 AVE (01-3125-046-0250)
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
Legal Description Lot 30, Block 1, of MORRIS PARK, according to the Plat
thereof, as recorded in Plat Book 7, Page 39, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2320 NW 5 AVE (01-3125-046-0240)
Legal Description Lot 29, Block 1, of MORRIS PARK, according to the Plat
thereof, as recorded in Plat Book 7, Page 39, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2308 NW 5 AVE (01-3125-046-0230) '
Legal Description Lot 28, Bloch 1, of MORRIS PARK, according to the Plat
thereof, as recorded in Plat Book 7, Page 39, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 2300 NW 5 AVE (01-3125-046-0220)
Legal Description Lot 27, Block 1, of MORRIS PARK, according to the Plat
thereof, as recorded in Plat Book 7, Page 39, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 490 NW 23 ST (01-3125-034-0670)
Legal Description Lots 71, 72 and 73, less the North 10.00 feet of CORRECTED
MAP OF SPAULDING SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 3 Page 161, of the Public
Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 518 NW 23 ST (01-3125-035-0550)
Legal Description Lot 26, Block 4, of NORTHWEST SEVENTH AVENUE
ADDITION according to the Plat thereof, as recorded in Plat
Boole 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 514 NW 23 ST (01-3125-035-0560)
Legal Description Lot 27, Block 4, of NORTHWEST SEVENTH AVENUE
ADDITION according to the Plat thereof, as recorded in Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 508 NW 23 ST (01-3125-035-0570)
Legal Description Lot 28, less the Easterly 7.5 feet and less the Southerly 33 feet,
Block 4, of NORTHWEST SEVENTH AVENUE ADDITION,
according to the Plat thereof, as recorded in Plat Book 7, Page
36, of the Public Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 587 NW 22 ST (01-3125-035-0710)
Legal Description Lot 28, less the Easterly 7.5 feet and less the Southerly 33 feet,
Block 4, of NORTHWEST SEVENTH AVENUE ADDITION,
according to the Plat thereof, as recorded in Plat Book 7, Page
36, of the Public Records of Miami -Dade County, Florida.
OWNER MELANIE HOLDINGS, LLC
Address (Folio No.) 435 NW 22 LN (01-3125-070-0090)
Legal Description Lot 1, Block 2, of MIAMI FASIIION CENTER SECTION 1,
according to the Plat thereof, as recorded in Plat Book 121, at
Page 57 of the Public Records of Miami -Dade County, Florida.
OWNER MILANA HOLDINGS, LLC
Address (Folio No.) 500 NW 23 ST (01-3125-035-0580)
Legal Description Lot 42 and Lot 43, less West 2.5 felit, Block 4, of
NORTIIWEST SEVENTII AVENUE ADDITION, according
to the Plat thereof, recorded in Plat Book: 7, at Page 36, of the
Public Records of Miami -Dade County, Florida.
OWNER MILANA HOLDINGS, LLC
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
Address (Folio No.) 2240 NW 5 AVE (01-3125-035-0590)
Legal Description The South 33 feet of Lots 28 and 29, Bloch 4, of NORTIIWEST
SEVENTH AVENUE ADDITION according to the Plat
thereof, as recorded in Plat Book 7, Page 36, of the Public
Records of Miami -Dade County, Florida.
OWNER MILANA HOLDINGS, LLC
Address (Folio No.) 2222 NW 5 AVE (01-3125-035-0600)
Legal Description Lot 30, Block 4, of NORTHWEST SEVENTH AVENUE
ADDITION according to the Plat thereof, as recorded in Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER MILANA HOLDINGS, LLC
Address (Folio No.) 2270 NW 5 AVE (01-3125-035-0610)
Legal Description Lot 31, Block 4, of NORTHWEST SEVENTH AVENUE
ADDITION according to the Plat thereof, as recorded in Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER MILANA HOLDINGS, LLC
Address (Folio No.) 511 NW 22 ST (01-3125-074-0050)
Legal Description Tract F, WYNWOOD INDUSTRIAL COMPLEX, Plat Book
149, Page 85, Public Records of Miami -Dade Comity, Florida.
OWNER MILANA HOLDINGS, LLC
Address (Folio No.) 583 NW 22 ST (01-3125-035-0700)
Legal Description Lot 41, Bloch 4, of NORTHWEST SEVENTH AVENUE
ADDITION according to the Plat thereof, as recorded in Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
OWNER MILLIE REALTY, LLC
Address (Folio No.) 2400 NW 5 AVE (01-3125-057-0011)
Legal Description Lot 4, Less the North 10 feet thereof, FIRST ADDITION TO
GREENWOOD SUBDIVISION, according to the Plat
thereof, as recorded in Plat Boole 7, at Page 5 0 , of the
Public Records of Miami -Dade County, Florida.
OWNER MILLIE REALTY, LLC
Address (Folio No.) 535 NW 24 ST (01-3125-000-0200)
Legal Description Commence at the Southeast coiner of the North'/z of the South
'/2 of the Northwest '/ of the Southwest '/ of Section 25,
Township 53 South, Range 41 East thence West parallel to
Northwest 24th street 199 feet for the point of beginning of the
tract of land hereinafter described thence North parallel to
Northwest 5th Avenue 175 feet; thence West parallel to
Northwest 24th Street 110 feet; thence South parallel to
Northwest 5th Avenue 175 feet; thence East parallel to
Northwest 24th Street 110 feet to the point of beginning; said
property lying and being in Miami -Dade Comity, Florida.
Commence at the Southeast comer of the North 1/2 of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section
25, Township 53 South, Range 41 East; thence West along the
South line of the North 1/2 of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of said Section 25 for a distance of 199
feet for a point of beginning; thence run North and parallel to
the center line of Northwest 5th Avenue for a distance of 25.47
feet to a point thence West along a line parallel to the South
line of the North 1/2 of the South 1/2 of the Northwest 1/4 of
the Southwest 1/4 of said Section 25 for a distance of 110 feet
more or less to a point; thence run South along a line parallel
to the center line of Northwest 5th Avenue for a distance of
25.42 feet to a point on the South Zine of the North 1/2 of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of said
Section 25; thence rum East along the South line of the North
1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4
of Section 25 for a distance of 110 feet to the point of beginning
excepting, however, that part of the above described area upon
which any potion of the existing building has been
constructed and now occupies estimated to be two-tenths of a
foot, more or less, along the South side of said building.
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
OWNER MILLIE REALTY, LLC
Address (Folio No.) 545 NW 24 ST (01-3125-057-0150)
Legal Description The Easterly 20 feet of Lot 16 of FIRST ADDITION TO
GREENWOOD SUBDIVISION, according to the Plat thereof
as recorded in Plat Book 57, Page 50, of the Public Records of
Miami -Dade County, Florida.
OWNER MILLIE REALTY, LLC
Address (Folio No.) 555 NW 24 ST (01-3125-057-0140)
Legal Description Lot 16, Less the East 20 feet thereof, of FIRST ADDITION TO
GREENWOOD SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 57, Page 50, of the Public Records of
Miami -Dade County, Florida.
OWNER MIZRACHI HOLDINGS, LLC
Address (Folio No.) 394 NW 24 ST (01-3125-034-0300) and 382 NW 24 ST
(01-3125-034-0310)
Legal Description Lots 31 and 32, less the North 5 feet of SPAULDING
SUBDIVISION according to the Plat thereof, as recorded
in Plat Book 3, at Page 161, of the Public Records of Miami
- Dade County, Florida.
OWNER MALKA HOLDINGS, LLC
Address (Folio No.) 375 NW 23 ST (01-3125-034-0640)
Legal Description Lot 65, corrected map of SPAULDING SUBDIVISION
according to the Plat thereof, as recorded in Plat Book 3, at
Page 161, of the Public Records of Miami - Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 590 NW 23 ST (01-3125-035-0440)
Legal Description Lots 15 and 16, Block 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Boole 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No,) 580 NW 23 ST (01-3125-035-0450)
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
Legal Description Lot 17, Block 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 564 NW 23 ST (01-3125-035-0470)
Legal Description Lots 18,19, and 20, Bloch 4, NORTHWEST SEVENTH
AVENUE ADDITION, according to the Plat thereof, as
recorded Plat Book 7, Page 36, of the Public Records of
Miami -Dade County, Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 550 NW 23 ST (01-3125-035-0490)
Legal Description Lot 21, Block 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 540 NW 23 ST (01-3125-035-0510)
Legal Description Lot 22, Block 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) No ADDRESS (01-3125-074-0040)
Legal Description Tract D, of WYNWOOD INDUSTRIAL COMPLEX,
according to the Plat thereof, as recorded In Plat Book 149,
Page 85 of the Public Records of Miami -Dade County, Florida,
more .particularly described as follows:
BEGIN at the Northwest comer of said Tract D; thence North
89150'00" East along the North line of said Tract D, being
also the South Right -of -Way line of N.W. 23rd Street, a
distance of 77.53 feet; thence South 00° 01' 09" West along the
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
East line of said Tract D, a distance of 119.90 feet; thence
South 89° 49'3711 West along the South line of said Tract D, a
distance of 77 .52 feet; thence North 00° 00; 48" East along the
West line of said Tract D, a distance of 119.91 feet to the
POINT OF BEGINNING.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 524 NW 23 ST (01-3125-035-0540)
Legal Description Lot 25, Bloch 4, NORTHWEST SEVENTII AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 521 NW 22 ST (01-3125-035-0640)
Legal Description Lot 34, Block 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 527 NW 22 ST (01-3125-035-0650)
Legal Description Lot 35, Block 4, NORTHWEST SEVENTII AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 537 NW 22 ST (01-3125-035-0270)
Legal Description The East 37.5 feet of Lot A, Block 4, NORTHWEST
SEVENTH AVENUE ADDITION, according to the Plat
thereof, as recorded Plat Book 7, Page 36, of the Public
Records of Miami -Dade County, Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 545 NW 22 ST (01-3125-035-0660)
Legal Description Lot 36, and the West 2.5 feet of Lot A, Block 4, NORTHWEST
SEVENTH AVENUE ADDITION, according to the Plat
thereof, as recorded Plat Book 7, Page 36, of the Public
Records of Miami -Dade County, Florida.
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 549 NW 22 ST (01-3125-035-0670)
Legal Description Lot 37, Bloch 4, NORTHWEST SPVUNTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 557 NW 22 ST (01-3125-035-0281)
Legal Description Lot 38, Bloch 4, NORTHWEST SEVENTH AVENUE
ADDITION, according to the Plat thereof, as recorded Plat
Book 7, Page 36, of the Public Records of Miami -Dade County,
Florida.
OWNER WYNWOOD HOLDINGS, LLC
Address (Folio No.) 563 NW 22 ST (01-3125-035-0690)
Legal Description Lots B, 39: and 40, Block 4, NORTHWEST SEVENTII
AVENUE ADDITION, according to the Plat thereof, as
recorded Plat Book 7, Page 36, of the Public Records of
Miami -Dade County, Florida.
OWNER 2294 NW 2ND AVE REALTY, LLC
Address (Folio No.) 2294 NW 2 AVE (01-3125-034-0880)
Legal Description The North 1/2 of Lots 94 and 95, of SPAULDING'S
SUBDIVISION OF THE SOUTH WOODLAWN TRACT,
according to the Plat thereof, as recorded Plat Book 3, Page
161, of the Public Records of Miami -Dade County, Florida.
OWNER MALUX REALTY, LLC
Address (Folio No.) 2337 NW 5 AVE (01-3125-057-0011)
Legal Description Lots 26, 27, 28, 29 and 30, less the North 10.00 feet and Lots
66, 67, 68, 69 and 70, less the South 10.00 feet in Block 19,
of CORRECTED MAP OF SPAULDING SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 3, Page
Exhibit "A"
Exhibit "A"
Legal Descriptions of Property
161, of the Public Records of Miami -Dade County, Florida.
OWNER MAPTON HOLDINGS, LLC
Address (Folio No.) 205 NW 22 LN (01-3125-044-0010), 251 NW 22 LN (01-
3125-044-0020), 270 NW 23 ST (01-3125-034-0830), 2268
NW 2 AVE (01-3125-034-0890)
Legal Description The following parcels, all being located in the SE 1/4 of the SW 1/4 of
Section 25, Township 53 South, Range 41 East in Miami -Dade
County, Florida:
Lot l of Block 1, of an unrecorded Plat of the FIRST ADDITION
OF WEAVER'S SUBDIVISION, Dade County, Florida, being
otherwise described as follows: Lot 1 West 62.27 feet of the East
87.17 feet of the North 85 feet of SE 1/4 of the SW 1/4, less the East 5
feet thereof and less the south 10 feet thereof.
Lots 2, 3, 4, 5, 6, 7, and 8, Block 1 inclusive, of an unrecorded Plat of
FIRST ADDITION TO WEAVER'S SUBDIVISION, Dade County
Florida, more fully described as follows: Beginning at a point 87.27
feet West of the Northeast corner of the SE 1/4 of Section 25,
Township 53 South, Range 41 East, Dade County, Florida; thence
run West 435.89 feet to a point; thence run South 85.00 feet to a
point; thence run East 435.89 feet to a point; thence run North 85.00
feet to the point of beginning, less the South 10 feet thereof.
Lots 86 through 93, both inclusive, of corrected map of
SPAULDING'S SUBDIVISION, according to the Plat thereof
recorded in Plat Book 3, Page 161 of the Public Records of Dade
County, Florida, less the North 5 feet thereof.
The South Half of Lots 94 and 95 of corrected map of
SPAULDING'S SUBDIVISION, to the Plat thereof recorded in
Plat Book 3, Page 161, of the Public Records of Dade County,
Florida, less a strip of land 5 feet in width off the East side thereof.
Exhibit "A"
EXHIBIT "B"
MIAMI 21
CONCEPT BOOK
e,
Fr.
TABLE OF CONTENTS
DRAWING INDEX
ARTICLE 1. Definitions of Terms and Uses
Section Al: Site Diagrams
A11-1
Aerial
1.1 Definitions of Building Function: Uses
Al -2
Property Map
1.2 Definitions of Terms
Al -3
Property Identification
1.3 Definitions of Signs
Al -4
Context Photo Key Map
Al -5
Context Photos
ARTICLE 2. General Provisions
Al -6
Context Photos
2.1 Mana Wynwood SAP Goals and Objectives
Al -7
Context Photos
Al -8
East/WestBoundary
ARTICLE 3. General to Zones
Al -9
NRD Zoning
3.3 Lots and Frontages
Al -10
SAP Zoning
3.5 Measurement of Height
Al -11
Development Program
3.13 Sustainability
Al -12
Parcels
3.14 Allowable Increases in FLR for Providing Public Benefit
Al -13
Open Space
3.16 SAP Enhanced Height
Al -14
Vehicular Circulation
Al -15
Transit/ Bike
ARTICLE 4. Standards and Tables
Al -16
Street Master Plan
Table 2 Miami 21 Summary
Al -17
Street Sections
Table 3 Building Function: Uses
Al -18
Street Sections
Table 4 Density, Intensity and Parking
Al -19
Street Sections
Table 5 Building Function: Parking and Loading
Al -20
Street Sections
Table 6 Frontages
Al -21
Street Sections
Table 7 Civic Space Types
Al -22
Street Sections
Al -23
Streetscape
ARTICLE 5. Specific to Zones
Al -24
Streetscape
5.5 Urban Transect Zones (T5)
Al -25
Streetscape
5.6 Urban Transect Zones (T6)
Al -26
Streetscape
Al -27
Streetscape
ARTICLE 6. Supplemental Regulations
Al -28
Streetscape
6.3 Commercial Uses
Al -29
Streetscape
Al -30
Streetscape
ARTICLE 7. Procedures and Nonconformities
Al -31
Streetscape
7.1.2.11 Mana Wynwood SAP Permit
Al -32
Streetscape
7.3 Flexible Allocation of Mana Wynwood SAP
Development Capacity
Section A2: Illustrations
A2-1
Flex
ARTICLE 10. Sign Standards
A2-2
Market
10.1 General
A2-3
Market
10.3.9 SAP Media Sign Standards
A2-4
Education
Section A3: Characteristics
A3-1
Green Active Roofs
A3-2
Covered Open Space
A3-3
Mana Commons
A3-4
Art
A3-5
Pedestrian Passages
A3-6
Green Facades
A3-7
Textures
A3-8
Facade Breaks
A3-9
Angled Facades
A3-10
Tower Articulation
A3-11
Garage/ Loading Treatments
A3-12
Signage
Section A4: Appendix
A4-1
SAP Building One
°� t dc. *rY37',„�agl�'�,:r"J' y Jyf,y,. �-�''"x`J., •r7-' i'.f �J 5 '` ��`s��v'; ",,`�.;"7 x s i'gfi'�
iss`a s y� N �§'c'`� "s4J''ia '�''r``"``✓A 1���J `fir x'.�:3fJ �„tfr {fy '� k ,
'j$ f
I
,:i'J
Z Y S C O V I C H
�.9"ra•n..f'i 33:3].23(34
A R C H tl T E C TS
305.3?.'.532:
irdna'.zy:tnviti.um
MIAMI 21
CONCEPT BOOK
SITE DIAGRAMS
E ��`'' �✓�,,` �F'c�trt � ar^ x rpt ''� ''� r"t ��r'�c �t',' �'"'� J✓�s;n�"` �" `���� � �'� S �) � i t
Z Y S C O V I C H !`!iam�foi— Lay:,
.�i X31 i:.23o4
A R C H I T E C T S
MIAMI 21
CONCEPT BOOK
MAMA WYNlWOO® SAP
.�'s`r t� ,.��T`�'r'� af"`� }��`�'�r �F �.'++'`a�y��k k�,F t#�„{✓I',y�yt�`5f�-z r,{ ",.�'.,'r �r�r� �U°' 7 ° } . ,� ,
ZYSCOVICHaT"�
>U5.3::.v'32. +rinxz y<zovix9.cnm
A it C H 3 T E C T 5 f
MIAMI 21
CONCEPT BOOK
MAMA WYNWOO® SAP
WEST I EAST
> I 3 N1Y25(If E7
1 i ,
1710 15 14
NW 2411 SF 11W2411) S!
j 20 12 11;
21
13
22 l E
10
10 79 23
24
-
----------- ......
7 4 i
26 27 28 R930 31 32 33343J�5 � i '
37 -„
38
49 40 47 46 A5 44 43 42 41
40 2
V C C O" I C u 19iamr_FL i39s4.1iU`4
irfv4ezytcavich.ccm
w vM�e� xyxcavidi.c�m
MIAMI 21
CONCEPT BOOK
*The aggregate area of the parcels described herein
is 23.48 acres, more or less, or 1,022,917 SF
Z Y S C O V I C H M.
yam . FL
s�3>?.xsca
?Si5.311.4?>: n�iaE vczovl„ 1-.r
rx: ii C 1"! : T t C T 5 I ZL..S'+?.a.5'Ll x wxw a}'?cev+dicnn
MIAMI 21
CONCEPT BOOK
MAMA WYNWOO® SAP
11,1211,
�y//y VV CC ■■//nn `/I C u avv Tl B�ecara�e tiivd_z;A, PI
L I J C O ♦ n 49�xmi_)•i i39s1.]3<id
?{15.3:'..5.3. irin5 aviti;_um
A #2 c w 9 T E[ 1$ r11155 5:]:.5]1
MIAMI 21
[eel Ll Is] :ad
ZYSCOVICH
A R C H I T E C T 5 f - 171
MIAMI 21
NCEPT BOOK
� �' �;3is" }'e��`f �a",�.a�, It �F",,F`���f�! '�'"'s�;,,„fFr��s'p �„��'°g P.w YX s,r ,�,�, �! r•,
���nA �y &I d d,A•. iF:I
ZYSCOVICM
s„��
MIAMI 21
CONCEPT BOOK
MAMA WYNWOOD SAP
ZYSCOVICH F
A R C H 3 T F C T 5 4
MIAMI 21
(NEST I EAST
NW&I,ST
SEE APPENDIX A4,1
NW 24th Sl NW24111SP
CONCEPT BOOK
MAN A WYN1WOOD SAP
1
G
i
i 1
i
AN 2isP7ER
"��.��`�`�� �� �,�,. ��r„�,��;�{��t�r�"'`%�% �,`'�yr�a''���'�Yf �r's✓F7u �. � a PGS' b
`, ( /^ `, �J .I
C3 i' .5 a k vF,ae,v
A R C H I T E C T 5 i s ,w =Sal
MIAMI 21
CONCEPT BOOK
MANA WYNWOO® SAP
,� {`Y: /^ s ,p
Z YJC C O V I C w o1�H ys�ix d spit, FAV
M7 +L �r s ui
MIAMI 21
1610HIL41:32m:"I
ZYSCOVICH
A TZ C H I T E C 1 $ 1 -{fS 577 .111
MIAMI 21
CONCEPT BOOK
s,
P
f
N
*The above diagram represents the
maximum Heights with bonuses
Z �"r
4.A y f -_
Wit"
y` P0 r k R� _
s 1
P
.s'`i.
N
*The above diagram represents the
maximum Heights with bonuses
Base Development
SAP Enhanced
Development
Bonus Development
® • 0
"
® • •
Lot Area
659,951
SF
Lot Area
362,966
SF
Lot Coverage
531,216
SF
Lot Coverage
326,669
SF
Open Space
131,990
SF
Open Space
36,297
SF
Civic Space
32,998
SF
Civic Space
18,148
SF
Density
2,237
Units
Density
1,250
Units
Parking
4,598
Spaces
Parking
3,885
Spaces
SAP Enhance FLR
2,190,922
SF
SAP Enhanced FLR
1,788,325
SF
:•
III
:•
Ile
For illustrative purposes only. Final development design shall be in accordance with the
individual site plan approval(s).
r % � s�����.�1`.�N"✓�'x 5��.�:r":'' �r..�� '�t_�'�".::�'`�.c:�i,��'}°u.,,. �.`. �r. ,.s �,.�.'�` � 1,
M4. l9 d.»3F FI
ZYSCOVICH sr : pr,3,—
A R C H I T E C T S
MIAMI 21
INET I EAST
i NV/23N7 ST
hN/241h ST NW 24th ST
Ewi,
NW 23rD SP _. -
CONCEPT BOOK
MARIA WYIm WOO® SAP
M4'nwW'Vnw.oDd SaR
—ang««i OgenSgateger#q#a1
Eas#parceLi
15, 731 &F Y« 1D,Q97 Sg
Eas#parcai x44Yo to 4851 of lot area
East parcel 3 0' . to 35% of lot area
�.,F�SDA86SFt4;58,�505�-
Wes# parteF 1 0' to 22% of lot area
West parcel �
OkYAWMPEi EAR,- $ d 1 $ � 3� r; 3j366'SFic $j414 $F` -
raN• Ad SP
X
1
EMEEMENOMMMEM
Z ® I e
:iccayac fl3vd. sys9; Fl
�. .fi Asa;; iiux
Mi.—FL
r 7 V
A R G !i I i' E C 7. 5
s :vs s;>.<sza
MIAMI 21
CONCEPT BOOK
MANA WYNWOO® SAP
*Civic Space may be concentrated at Plazas as indicated or included in the Pedestrian Passage, Courtyard or other areas
within the SAP as defined by the Code and designed into the master plan. For minimum Open Space requirements please
refer to the Mana Wynwood SAP Regulating Plan.
Open and Civic Space shall be calculated in aggregate. Please see the Mana Wynwood SAP Regulating Plan language
for specific requirements.
NW 2?nd S? • ".
'i
NW 20TH ST
Open Space Total: 168,287 SF L7-1 Open space
Vehicular Private Drive
® Civic Space
• • • Cross -Block Pedestrian Paseo**
*"The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in accordance with the
permitting and are being depicted In here for illustrative purposes only individual site plan approval(s).
s'�`'
"bx�^.
ZYSCOV pa P �/ lJ 9tvuNi3iacay.,n 3?iwd
♦ ICH b'ramu i"'a:33Vi
A R C 1-1 1 T E C T S 1 1 ?as -=-1.i'2: w ,:nao- f rr rm
MIAMI 21
CONCEPT BOOK
,77
o
b
1
........................K��iOTf;SJ,..................... ................ . i
Proposed Entrances
• Proposed Vehicular
Circulation
For illustrative purposes only. Final development design shall be in accordance with the
individual site plan approval(s).
9;aFL
331
ZYS ®�/IChl Imo Nsavd._:c-0, Fi
m�. Ft �3!'s2.rs
.2
:T R C N I T E C T 5 1
MIAMI 21
CONCEPT BOOK
MAFIA WYNWOO® SAP
_
:E
x NW229,l S) i
r
NWPAdSr
t
r
•.........,......I....... ...................... ,w. . e.
Existing Bus Route
* • . Proposed Bike Lanes
-"- Proposed Trolley Expansion
0 Proposed Trolley Station
For illustrative purposes only. Final development design shall be in accordance with the
individual site plan approval(s).
3, ����e r��r:�k �.:L✓�' �.>�� �....� .rfu,u. 3#��`�,��":��.,,�5�'�r,* „ua�F�%i�fn.��r%�',�� � c � ds' " f 1fitR �.
ZYSCOVICH
A R C t1 1 T E C T S
A101 ISIH K
CONCEPT BOOK
MAMA WYNWOO® SAP
i
NW 22ND ST ( - - - - -
l
Primary Streets (A -Grid)
Secondary Streets (B -Grid)
Pedestrian Passage
• • e Cross -Block Pedestrian Paseo**
® To be coordinated with NRD
**The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in accordance with the
permitting and are being depicted in here for illustrative purposes only. individual site plan approval(s).
L Y J C O V I C H a9 m. �i s.z tic• I c,:<,F ::nm
:ARcHtTEcTs r;,
MIAMI 21
CONCEPT ••
MANA ••D SAP
Mana Commons Pedestrian Passage with Vehicular Access and Open Space
a A . Primary Streets (A -Grid)
Secondary Streets (B -Grid)
® Pedestrian Passage
"The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in • ® e Cross -Block Pedestrian
permitting and are being depicted in here for illustrative purposes only accordance with the individual site plan approval(s). Paseo**
TF
[' �[ /^ uau NtilE�
Z Y S C O V I C HLS FL 5 rn.ich c
A R C H I T F- C T S
MIAMI 21
CONCEPT BOOK
MAMA WYNWOOD SAP
64 Min
A
..........
Sloping Groun he
Mena Commons Pedestrian Passage with Vehicular Access and Pavillion
W
Mena Commons
Passage Min. Dimension
Primary Streets (A -Grid)
Secondary Streets (B -Grid)
M Pedestrian Passage
"The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in o o a Cross -Block Pedestrian
permitting and are being depicted in here for illustrative purposes onlyaccordance with the individual site plan approval(s). Paseo**
ZYSCOVICH k1 i, FL 73—
A R C, Hr T E 'C T 5 'i 7 . -21
MIAMI 21
E-_
NW 5th Avenue Section
CONCEPT BOOK
MAMA WYNWOO® SAP
NW 24th Street Section
3
4 i
ea aa+ as arca++ w•a+wxi as ,.....
tlb°�A3r� '�w
w
kc w rq.w
G mw ,
C ..
J A A
i •
t a as ww•was.s ♦ ''' — •
" K i
.se...aans+*`Joss a�+ctsxsa�ias.es ++� 'a..+a....�+w.3aeF i
- faa+fw w wmffw . m g wwf.w++..w
Primary Streets (A -Grid)
Secondary Streets (B -Grid)
® Pedestrian Passage
"The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in • • • Cross -Block Pedestrian
permitting and are being depicted in here for illustrative purposes only accordance with the individual site plan approval(s). Paseo**
anND vaY Riwd.?r�8i fl
ZYSCOVICH '^
4 R C Fd fl i E C T 5 r ts.s.=.+3=i
I&IF_1i IIPAil
NW 23rd Street Alternative Section
R
H
CONCEPT BOOK
MAMA WYIVWOOD SAP
Towers are subject to maxi-
mum Floorplate dimensions
Pedestal Height —p.
123' max
NW 6th Avenue Alternative Section
i
ora�Gi44��r�as.e t'�r.*<�
°G4AelA63'r
D I"
} C A
A a
• i e
aaaaa.aaawm.\�.i..a aax� aaaaW rt .ata ax kw...... asseaaeam
a a xaquAi ••T4eaaaaap#q*aaaa- _
!' Primary Streets (A -Grid)
Secondary Streets (B -Grid)
® Pedestrian Passage
"*The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in ®• • Cross -Block Pedestrian
permitting and are being depicted In here for illustrative purposes only accordance with the individual site plan approval(s). Paseo**
,�`° r r°
,r"f``"r rs'-��a r�`" ,.:%xa"x. ��'JezS '� .,�. s,�l ,y�'` �'r � ' n r'a'`.a"� ��; ,yt".� , •� �i� -� �s€ 1 f` t
f rr3rr fl�� z ; ' f�
..u:`''.�:.�i>m��cL.`.-3�.,x,1.:�.�,s.,� $.�� rv.. �r?�.'r� ��?F �;�'�?�����t�'� �' fF?Sv':�r1;r�z.it%'�� ��rr, ��r13r< /' ��^^ �J l��
ZYS ®VI6r r NB caY Pad 'l, Gd
A R C H �7 T E C T S r��
MIAMI 21
J
NW 2nd Avenue Section
CONCEPT BOOK
MAMA WYNWOO® SAP
NW Mane Private Drive Section
3
I c*}mdYe:aye:a�aan<w� mni �a°pw9i. °d rwr•.v .
K 'r 11,E'RS&Y4 .�.,G '.. 117
} .
nk. _ D
;I
C
i r A
A_
�
t< . a
' bEffiY#tEl YS�K .............. va.aaA 'dYddiM9 &W44#8AY8 P .
Bst xcYY.x YYs9, v'etp Y y}}g}R}}aw
Primary Streets (A -Grid)
Secondary Streets (B -Grid)
® Pedestrian Passage
*"The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in e • e Cross -Block Pedestrian
permitting and are being depicted in here for illustrative purposes only accordance with the individual site plan approval(s). Paseo.*
� z RJ r ��r1�6t� �J�,�[' AY '✓' �'�� �"����/ � �� �� ��7 r���N���/.�� ° t1 � )r,, p J �{
Z�/c /^ �[ p`�J atoNA'coy Aird.=>.vi,n
I J C O V I C 1-1
A r3 C It i i F: C T _i f 3aT. is?.+5>1 a unva �vJrf�.ca:n,
MIAMI 21
21
NW 5th Avenue - 75' Section
A
CONCEPT BOOK
MANA WYNWOO® SAP
NW 21st - 22nd Street Section
i. 4,4..4.41 (a:: +0 LAI...
as:
I �H F E � '
El • 1.... . a... ,
�?
°
�
C A A
(ja '°`Avfizz"rfi s7'°`- xao-s
- *a*".
kk Rn..Be»aBaa.,,*Y&.6dea0�PaF fi�� __,
i Cs
� aeFaab�..:a�saxxsaxa...lmwtxnc a �aaaatx•s.a�asaaxa
Primary Streets (A -Grid)
Secondary Streets (B -Grid)
® Pedestrian Passage
-The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in s o • Cross -Block Pedestrian
permitting and are being depicted in here for illustrative purposes only accordance with the individual site plan approval(s). Paseo**
IS
�r
C ■en r,\/ {;
Z 1V d C O ♦ I C m��NB3�CnY' i�Vgd��YV=Fi
1 R i }t ! T E C T 5 1 „as. i.; =s=a
MIAMI 21
NW 25th sr
HWW240 St
i
t
{ ' NW 21st ER
Landscape Narrative
Mana Commons
CONCEPT BOOK
M
The Commons is a pedestrian environment in an urban setting that is comprised of a mix of wide open plazas and defined intimate green spaces with large trees species that
are suitable to the environment to soften and beautify the urban landscape. Shaded pedestrian walkways adjacent to active ground floor uses will connect with outdoor activities
improved by sculptures and artistic treatments within the property. A green sloping roof structure within the commons will serve as a seating and observation deck that will enrich
visually the ground plane of the space. The Commons and all its components will contribute to the definition of a true community space designed to accommodate all users and
programming potential, including special events.
Afinal Mana Common concept will be designed by phase 2.
Streetscape
The contemporary visual character of the landscape and hardscape will serve to unify the SAP to the surrounding Wynwood area. The character or Theme will harmonize with
the powerful aesthetics and color of the Art Murals and the Industrial character of the buildings. Coupled with programming strategies discussed below, lighting, hardscape and
landscape treatments will provide a unified monochromatic aesthetic that enhances the visual and colorful character of the District. A safe, direct bicycle connection from 6th
Avenue and 5th Avenue to the Commons will be designed by phase 2.
Collaborative Streets
23rd Street, 24th Street, 5th Avenue and 2nd Avenue to be a collaborative design with the NRD, BID, or landscape consultant of the Wynwood NRD Streetscape
Design.
Representative Trees: Most of these streets are the small and urban in nature. Trees will be defined in harmony with NRD Streetscape design.
Continuous Street Verge: Tree wells with occasional paved concrete zones will run parallel with the street between the main pedestrian zone of the sidewalk and the back of
curb. Pervious pavements in this zone will be used when possible to allow air and water to reach root zones under pedestrian zones.
Sidewalks: Scored grey concrete with horizontal pattern perpendicular to the Street and continuous to the edge of the Street verge. Artistic hardscapes may be designed to
enhance sidewalk patterns at building entries or Civic Spaces. Sidewalks shall maintain a clear path for pedestrian traffic.
Lighting: Selected Black colored lamp posts will be placed at back of curb within the street verge and between Street Trees. The Light quality will of the Lumen is a warm white
LED fixtures.
Crosswalks: Artistic patterns.
**The final location on the cross -Block pedestrian Paseo shall be determined at the time of For illustrative purposes only. Final development design shall be in accordance with the
permitting and are being depicted in here for illustrative purposes only, individual site plan approval(s).
Z Y S C O V I C H Mi.-
m; r
Rai-..s 1 trf..oe:p,ca+.;ch.cn.m
� � t � � � TS f u3t;5' S:1 n5?i
MIAMI 21
1. Street Master Plan- F+E+G Streets
5th Avenue to be designed in harmony with Wynwood NRD Streetscape design.
Representative Trees: Most of these streets are the small and urban in nature. Trees will be
defined in harmony with NRD Streetscape design.
Landscaped Street Verge: Planting beds with occasional paved concrete zones will run paral-
lel with the street between the main pedestrian zone of the sidewalk and the back of the bike
lane. Pervious pavements in this zone will be used when possible to allow air and water to
reach root zones under pedestrian zones. Stormwater retension systems may be provided.
Sidewalks: Scored grey concrete with horizontal pattern perpendicular to the Street and con-
tinuous to the edge of the Street verge. Artistic hardscapes may be designed to enhance side-
walk patterns at building entries or Civic Spaces. Sidewalks shall maintain a clear path for
pedestrian traffic.
Bike lane: A green colored bike lane will be separated by the street verge or pervious paving
material.
Lighting.' Selected Black colored lamp posts will be placed at back of curb within the street
verge and between Street Trees. A lap post with combined car and pedestrian lights will be
provided. The Light quality will of the Lumen is a warm white LED fixture.
Crosswalks: Artistic patterns
CONCEPT BOOK
MAMA WYNWOOO SAP
Gumbo Limbo ..
Ir
Z Y S C O V I C I -I I T Biz a':re flied s:ni, ii
ARCH I TE L T 5 f 3L,5 i'>:•SL3 x uav, pvlc),.c.om
MIAMI 21
CONCEPT BOOK
2. Street Master Plan- F+G Streets
Edge Streets
22nd Street and 6th Avenue and Mane Private Street.
Representative Trees: Most of these streets are the small and urban in nature. Large upright trees such Sidewalk Pavement
as Live Oaks with lower branches trimmed will allow ample room and light into the pedestrian zones.
Continuous Street Verge: Tree wells with occasional paved concrete zones will run parallel with the street
between the main pedestrian zone of the sidewalk and the back of curb. Pervious pavements in this zone
will be used when possible to allow air and water to reach root zones under pedestrian zones.
Sidewalks: Scored grey concrete with horizontal pattern perpendicular to the Street and continuous to the
edge of the Street verge. Artistic hardscapes may be designed to enhance sidewalk patterns at building
entries or Civic Spaces. Sidewalks shall maintain a clear path for pedestrian traffic.
Lighting: Selected Black colored lamp posts will be placed at back of curb within the street verge and
between Street Trees. The Light quality will of the Lumen is a warm white LED fixtures.
Crosswalks: Artistic patterns
Verge Banding
Multi -use Path with Landscape Buffer
L Y S C O V I C H �tio N ttt:�ayms A1wd :;�9, ii m
Mia .. Ft �Tasa.zsoa
.A R C H 1 T E C T S , .as.5'7 s?a
MIAMI 21
CONCEPT BOOK
MAMA WYNWOO® SAP
22nd Street
3. Street Master Plan- K+L Streets
5th Avenue
Representative Trees: Dense canopy trees on the sidewalk such as Live Oaks or Gumbo Limbo Trees will
enhance the existing character the Street with an existing plated median.
Continuous Street Verge: Tree wells with occasional paved concrete zones will run parallel with the street
between the main pedestrian zone of the sidewalk and the back of curb. Pervious pavements in this zone
will be used when possible to allow air and water to reach root zones under pedestrian zones.
Sidewalks: Scored grey concrete with horizontal pattern perpendicular to the Street and continuous to the
edge of the Street verge. Artistic hardscapes may be designed to enhance sidewalk patterns at building
entries or Civic Spaces. Sidewalks shall maintain a clear path for pedestrian traffic.
Bike lane: A green colored bike lane will be separated by the street verge or pervious paving material. The
bike lane will transition to the Mena Commons north of 22nd Street,
Lighting: Selected Black colored lamp posts will be placed at back of curb within the street verge and be-
tween Street Trees. A lap post with combined car and pedestrian lights will be provided. The Light quality
will of the Lumen is a warm white LED fixture.
Crosswalks: Artistic patterns
Sidewalk Pavement
Verge Banding
Landscaped Median
i � s ar si a sxa,:F�
ZYSCOVICW
:8 R C H 9 T E C T 5 i ,,os_i ::_7
snas?� vdch.:.3m
MIAMI 21
4. Street Master Plan- F+G Streets
I�
r<fi
I
�t
3
e
CONCEPT BOOK
MANA WYNWOOD SAP
Sidewalk Pavement
Verge Banding
Oaks
0
t
Bollards
Detail Typical Sections
� I"'�-`��"'
t,",,..�+_',�'��.'�..�..' s,`rJ.fs:'ut' x'�,".�i ''y`�' �F�E`,. %.,:d'r✓a�Z y ��// (( `, J 9'
L I J ® tl I I�1 M-', FL a �laaoar,9,f�
A R C H 3 T E C T 5 (r cs r.� <azv ........
MIAMI 21
' IexlLy4 1111=%Z6T�
MAMA WYNWOOD SAP
Bike Path
Sidewalk
Light Post
5. Street Master Plan- E+G Streets
Tree Well
Landscape Area
Continuous Verge
Tree Well
Crosswalk
Continuous Verge
ZYSC®VICH
A rti C :H 3 7 F C 7 S r ,i:s s.].•ss] �, . �v <�t,_.�..
MIAMI 21
CONCEPT BOOK
MANA WYNWOO® SAP
The Mana Private Street will be a woonerf (elevated Pedestrian
Street) with same theme standards as the other Edge Streets
Bike Path
Sidewalk
Light Post
Civic Space or Lobby Entrances
Tree Well
Landscape area
Continuous Verge
Sidewalk
Crosswalk
Transition area to
curbless section
Retractable Bollards
® Curbless section
7. Street Master Plan- F+J Streets
�*'¢� 'y}rY,,��' fr�'v.�,:'.:.� ,f�"'`��'�,!' :��s,'rE�'',k ,�"�� � fi',�IrC �r���,��w • e ' I ��'. q e G 7+
Z Y S C O V I C H Hf e; Y
A R ,C R I T E 'C T S
MIAMI 21
CONCEPT BOOK
MANA WYNWOOD SAP
Mana Commons
ZYSCOVICH
ARCHITFCTS I
MIAMI 21
Mana Commons
CONCEPT BOOK
MAMA WYNWOO® SAP
�,r�f"x ��r;{�� .�-�,���•S`�`r�� fi {�" �: '�r ��'1 s�'�y' � (`Y ti t ���1 t) rs t �,� d ' .� `'�F !�B
4 q!
ZYSCOVICH
A R C H d T E C T 5 i cs .:.=s33
INIF-AlMIIPA
CONCEPT BOOK
MAMA WYNWOO® SAP
Temporary Mane Commons
�E r n`�' .*�', i'i; a t,',gx7y e,�xx i� , ,� 1!J�'"ie f r `'' �� bi`
�fii�-� .v� ��.�au fir. - d � �� ���a���i��-f�u ��� /� =
a
6
.rr
ZYSCOVICFI �.,e,:,,,i,¢
M fI.. i]3D
,8 R tri 1 7 i=. C T' S r
MIAMI 21
CONCEPT BOOK
IVIANA WYNWOO® SAP
�` ���,zit��F`��.ssv,z iY �� :'v{ ,��.�<.*��� ,X6 a�yP� .;r�.--,z� �t� ��,�Y� � �"�S v r k'� ��;,
$ � r x � ;$' �y r e` � �� U'� �' ,,i. '`ix ��a l:`l %l y'%�`"'" � Y �`f' '�
..µ�r xs a%.2%z'.T..�Yw�x'�ytsb ;�' sz x �':.t�'. ` Y,� k,
I J ®Y I i,e �'7 11—. :c�3-,.2--n7, F1
*.9.inm i" ss,_., ,us
A R C H I T E C T S
MIAMI 21
CONCEPT BOOK
fp al 7 If
lustrations
F11,7111, MEMEMMEEMENUM
Z Y S C 0 V I C H
A R C H I T E C T S fi 5,1 1
EXHIBITION - MUSEUM MEDIA - TECHNOLOGY TRADE - DISTRIBUTION STUDIO - COLLABORATIVE
CONFERENCE
GATE LYRIQUE (Paris)
PANDORA RADIO (California)
ROCK HEALTH (California)
WEWORK (New York City)
ASSEMBLY - MANUFACTURING SHOWROOM - PRODUCT DISPLAY
ETSY (New York City)
�r
r
z .,.
Y
yr'
S s31
PAVE BICYCLE SHOP (Barcelona)
� T� �' 6F '�s'�r �i ����FT tf '� ''� id�a"✓��`�ijc•`�'�p, ,,F/'.+." f . ! � c 1,�_
�� „'�'s �'t 6, .L' ry'�1.,�«,,,,�f�f�'•+.;s�j.:- pf ,r,�`�,��✓�uX���`s{ Yf"'� � �'{ "����'��1` g � 1 ��
..�"r,'`.,v.�.,rrx'.�.��.:r,�u*s`�a2��.�.cs✓�`tr�5��,ar,.�.�3.:'.r.±fG��.�u�"�.�„�E.�r""�''i*'x+?`'•<,..�`��'�e'+",��`. � c 6N.
L 1 .7 &« ® V I H11 N CK br PI2d�':i9: FI
R C H 8 T E C T 5 { aes y..-.c5y3 av ava•� - vih x
MIAMI 21
CONCEPT BOOK
MAMA WYNW®®® SAP
M
A
.M'Yv.� K
FT
...Y" �'. . i
MERCADO SAN MIGUEL (Madrid) MERCADO LA BOQUERIA (Barcelona)
GANSEVOORT FOOD MARKET, NY NY
COVINGTON FARMERS MARKET, CVS,KY QUINCY MARKET (Boston)
V S■ O V I C pip A1ram., _ Fi L i39'+3."J30i
6 f C H 1, ' _vs_x=,±1} rola. zyscnvich.ccm
A R C ii 1 T f. C T S f aes sn:+s,a
MIAMI 21
CONCEPT BOOK
MANA WYNW000 SA
EDUCATION
JULLIARD SCHOOL (New York City)
nS: Br arse Pi.d.srrh F3
ZYSCOVICH
A R C H 9 T E[ T 5 f 571 -1
PARSONS (New York City)
MIAMI 21
CONCEPT BOOK
MAMA WYNWOOD SAP
CHARACTERISTICS
I's INV III I W
i
i --f
ZYSCOVICH klL
A R C H I T E C T 5 . . .... 1=ct
MIAMI 21
CONCEPT BOOK
MIANA WYNWOOD SAP
COVERED OPEN o"")PACE
BUILDING ENTRANCES
OUTDOOR SEATING /DINING
PEELING LANDSCAPE
x7&,R
ZYSCOVICH
A R C :H I T E C 1 5
MIAMI 21
CONCEPT BOOK
MANA WYNWOOD SAP
MANACOMMON S -'-
SUSTAINABLE LANDSCAPE OPEN AIR EVENTS
ARTISTIC LANDSCAPE
Cultural Institute in Tamaulipas, Mexico
WATER
National Museum of Anthropology, Mexico City
Superkilen Uran Park,Copenhagen
ZYSCOVICH
A R C H 3 T E C -T S f M V 7 <S-11
Superkilen Uran Park, Copenhagen
MIAMI 21
ART
MURALS
STREET ART
CONCEPT••
MANA O, D
STREETSCAPE
BUILDINGS
ZYSC®VICH�s,aY1�,.,,
+.1 i. 3 zsox
a :iZ C IA I T z C T' S
MIAMI 21
CONCEPT BOOK
MAMA WYNWOOD SAP
ZYSCOVICH "'d
.11i— fL
MIAMI 21
CONCEPT BOOK
MANAWYNWOOD SAW
GREEN FACADEO."]
VERTICAL GARDENS - BIOWALLS
GREEN SCREENS
VERTICAL GARDEN MURALS
EGO GRAFFITI
T"
3,-4
Mli� FL 331
ZYSCOVICH
A R C H I T E C T S f �41
MIAMI 21
I E u
BUILDING SCREENS
BRISE-SOLEIL
BUILDING OPENINGS
Ili—
Z Y S C® V I C H 3
� FL S1--2 04
1
A R C H I T F. C T S f xas 1,7
MIAMI 21
Bretom£clkcz;
CONCEPT BOOK
MAMA WYNWOOD SAP
B" F
Z Y S C O V I C H .......
A R C H I T E C T S f 905 171 -1; 1 -4+
MIAMI 21
CONCEPT BOOK
MANA WYNWOOD SAP
A n a I e o.'
ZYSCOVICH
A R C H I T E C T S f
MIAMI 21
CONCEPT BOOK
MAMA WYNW OD SAP
D
n -
r
kli—� FL ;3- o,
ZYSCOVICH
A R C H I T E C T 5 f
OF' -'g
,, %�
liqu
ra
'nRSI,�r''n„ QT r 2 r e���y+n � wKyw ye�trr HID
;Y45Ft�1-PhF1`iSXAf�T4Y•lFir gGhtL4Tr Yx ft�t _ s,.�,t,
TY .AA
a:rr s�fi�kr�. 011
ww
a r
JJ vV
pp
�
NO
-A tom
JO
..t-.
liqu
ra
'nRSI,�r''n„ QT r 2 r e���y+n � wKyw ye�trr HID
;Y45Ft�1-PhF1`iSXAf�T4Y•lFir gGhtL4Tr Yx ft�t _ s,.�,t,
TY .AA
a:rr s�fi�kr�. 011
ww
3
liqu
ra
'nRSI,�r''n„ QT r 2 r e���y+n � wKyw ye�trr HID
;Y45Ft�1-PhF1`iSXAf�T4Y•lFir gGhtL4Tr Yx ft�t _ s,.�,t,
TY .AA
a:rr s�fi�kr�. 011
ww
ra
'nRSI,�r''n„ QT r 2 r e���y+n � wKyw ye�trr HID
;Y45Ft�1-PhF1`iSXAf�T4Y•lFir gGhtL4Tr Yx ft�t _ s,.�,t,
TY .AA
a:rr s�fi�kr�. 011
ww
t
=�r
4
4a�a>s }4s i ti4=-
F
f b t w{q}ttt
�Y96tl ill�h�t, t ,�
'psi 2t4, - 6bs „iRka.
�y91 +4 f 0 `Y ti A0 ii�4��04 ,
�A yf iY9 i} i c. ag44Gf}tlilbbf ♦.a ik
} ibii tt 4bU9 if;tl yYi
f e • i kPY 3>;
t *:'k 4491 A *y6i#}i r k
`6 044 �u i1€i{E
MIAMI 21
CONCEPT BOOK MANA a, �a A,.
mmm A arim A Vff No W oft 0 muft si A P
ZYSC®VICH
�_1 s
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
EXHIBIT "C"
MANA WYNWOOD SPECIAL AREA PLAN
SAP AREA BOUNDARIES
The Mana Wynwood Special Area Plan (hereinafter also referred to as the "Mans
Wynwood SAP") isgenerally bounded by NW 2 Avenue on the East, NW 22 Street on
the South, NW 6 Avenue on the West and those certain parcels located on the north
side of NW 24 Street (the "SAP Area"). The boundaries of the SAP Area are more
specifically identified in Illustration 1.1 below and consisting of those certain parcels
specifically identified on Sheets Al -2 and Al -3 of the Concept Book. As depicted in the
Illustration below, the SAP Area consists of two general zones: the East Zone and West
Zone.
MANA WYNWOOD SAP ARTICLE 1 ILLUSTRATION 1.1 ZONES
MN241h SI
1
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES
This section provides for terms in this Appendix that are technical in nature or that might
not be otherwise reflected in common usage of the word. Terms not defined herein shall
have the meaning provided in Miami 21, including those provided in the NRD-1. The
definitions listed herein shall only apply within the SAP Area.
d. COMMERCIAL
Place of Assembly: A commercial facility, for public assembly including, but not limited
to: arenas, auditoriums, conference facilities, convention centers, exhibition halls, major
sports facilities, theaters and performing arts centers, and the like, which may include
ancillary outdoor spaces which may not exceed twenty percent (20%) of the ground
Floor Area occupied by the principal use as identified by a Certificate of Use.
1.2 DEFINITION OF TERMS
This section provides for terms in this Appendix that are technical in nature or that might
not be otherwise reflected in common usage of the word. Terms not defined herein shall
have the meaning provided in Miami 21, including those provided in the NRD-1. The
definitions listed herein shall only apply within the SAP Area.
Architectural Treatment: The provision of architectural and/or landscape elements on a
Fagade which serve to visually screen non-active Uses. Architectural Treatment shall be
provided for all non-active Use Facade elevations and shall be integrated with the design
of adjacent active Uses. Architectural Treatment should conceal all internal elements
such as plumbing pipes, fans, ducts and lighting. Architectural Treatment shall be
provided through a combination of two or more treatments including, but not limited to,
the use of materials and construction assemblies; the continuation of fenestration
patterns, architectural features, articulation and rhythm; the application of architectural
screens, meshes, louvers, art, and glass; the incorporation of vegetated surfaces and
planters pursuant to a maintenance agreement approved by SAP Permit.
Building Function: The Uses accommodated by a Building and its Lot. Functions are
categorized as Restricted, Limited, or Open, according to the Intensity of the Use. Uses
permitted in the Open (0) category, may be provided within a Flex Space as provided
herein.
Boundary Thoroughfare Properties: Properties within the SAP Area which Abut the
NRD-1 District, includina those certain orooerties frontina NW 2nd Avenue. that nortion of
and NW 24 Street.
Cantilever: A Frontage consisting of a portion of a Fagade with a cantilever section of a
Building, which may include Habitable Space, and open to a Thoroughfare on a
minimum of one (1) side. The area below a Cantilever may be an extension of a Civic
Space Type or Open Space. A Cantilever may project beyond the Frontage Line into the
Mana Commons, including into an improved public or private outdoor area. A Cantilever
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
may encroach into the setback by five (5) feet in the West Zone and may contain
Habitable Space. See Frontages Article 4,Table 2 of the Requlatinq Plan.
Concept Book: Plans, drawings and diagrams which accompany and illustrate the
intent of this Regulating Plan.
Flex Space: A mixed use facility consisting primarilv of Office Uses that provide a
flexible configuration of collaborative work spaces within a Building and may be
combined with Uses such as Commercial and/or showroom space media and
technology production, Manufacturing -Enabled Retail, warehouse, Art Gallery,
exhibition museum and/or conference uses. Habitable Space within a Flex facility
located on the around floor shall contain active Uses. Such active Uses may consist of
Commercial, Manufacturing- Enabled Retail and/ or Art Gallery.
Frontage: The area between a Building Fagade and the vehicular lanes of a
Thoroughfare or the pavement of a public space, such as a Civic Space Type, Open
Space or Pedestrian Passage.
Mana Commons: A consolidated privately owned and publicly accessible Open Space
located in the SAP Area connecting the East Zone and West Zone as depicted in the
Concept Book. See Civic Space Types as identified within Article 4, Table 7.
Market Pavilion: A Building or Structure used for occasional or periodic sale of goods
by individual sellers for limited periods of times and which may be situated in the Mang
Commons. See Concept Book, Sheet A2-2.
Pedestal: That portion of a Building up to a maximum Height of one hundred twenty-
three (123) feet, as measured from the average sidewalk elevation of the crown of the
adjacent right of way, see Section 3.5.1.
Regulating Plan: Modifications to the underlying Miami 21 Transect Zone regulations
for the Lots or properties included in this SAP.
Retail Merchandising Unit: A freestandina structure open on one or more sides.
fixed or portable, which may be connected to electricity and/or potable water, used as
Open Air Retail or for a commercial purpose or for the display or dissemination of
information.
SAP: The Mang Wynwood Special Area Plan specifically described in this Requlatinq
Plan, Concept Book and Development Agreement.
SAP Enhanced Height: See Section 3.16 of the Regulating Plan.
Zone, East: Those Lots and/or properties encompassed within the SAP Area and
generally located east of NW 5 Avenue, as depicted and described in the Concept Book.
Zone, West: Those Lots and/or properties encompassed within the SAP Area and
generally located west of NW 5 Avenue, as depicted and described in the Concept Book.
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
1.3 DEFINITION OF SIGNS
This section provides for terms in this Appendix that are technical in nature or that might
not be otherwise reflected in common usage of the word. Terms not defined herein shall
have the meaning provided in Miami 21. The definitions listed herein shall only apply
within the SAP Area.
Directional, Notice, or Warning Sign: A vehicular or pedestrian -scale Sign containing
multiple messages that serves to whish guides or directs the public a-PA-sen#a+n-s-no
advertising. Directional, Notice, or Warning Signs may be located on private property or
within the Public Right of Way, subject to approval by the Director of Public Works for all
sians within the Public Riaht of Way. cinnc IipAited +o cr �,idi^e �c+;co nnn�ornin�r+nc4inry
,
the like. The size of a Directional Sign, and copy thereon, shall be scaled appropriately
for the speed of the area traffic.
Media Sign: A kinetic illuminated media display system utilizing signage, video and all
other forms of animated illuminated visual message media located on private property
within the boundaries of the SAP Area. See Section 10.3.9 of the Regulating Plan.
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 2. GENERAL PROVISIONS
2.1 PURPOSE AND INTENT
2.1.2 Intent
Mang Wynwood SAP Goals and Objectives
The intent of the Mang Wynwood SAP is to establish regulations to promote a
neighborhood/campus for multi -cultural, international corporations and institutions to
incubate the production and exhibition of art, fashion, culture, innovative technologies
and light manufacturing products. The SAP Area will support a progressive lifestyle to
attract entrepreneurial design and technology uses by promoting innovation in the
design of spaces and architecture.
East Zone
The intent of the East Zone is to establish a campus atmosphere to attract national and
international business in the innovation, technology and creative industries into a mixed-
use neighborhood inclusive of commercial, education, residential, and flex space uses.
The campus will serve as a cultural nexus for the Wynwood community anchored by a
large consolidated Civic Space the "Mang Commons." At the center of the East Zone is
the "Mang Contemporary" property where exhibition, invention and assembly merge.
Flex Space is introduced to ensure collaborative office tenants the flexibility to operate
within a broad range of different Commercial Uses consisting of exhibition space, media
and technology production, light manufacturing and retail Uses.
West Zone
The West Zone serves as an extension of the Flex Space located in the East Zone while
introducing a variety of Residential options that will serve the needs of the Flex facilities
and creative industries sought after in the development. The Mana Commons extends
into the West Zone that provides access to Open Air Retail and Market Pavilion.
Additional support uses such as hospitality and service oriented retail may also be
featured in this area.
(a) Development Initiatives
The Mang Wynwood SAP development initiatives include:
• Increase Aggregate Open Space
• Infrastructure improvements
• Promote Flex Spaces
• Provide unified and centralized Civic Space
22®2 Applicability
The Mana Wvnwood SAP Requlatinq Plan establishes standards, reauirements
and restrictions applicable to guide appropriate use and development within the
SAP Area, as more specifically set forth in Section 2.2.3 herein. The Mana
Wynwood SAP Concept Book is intended to provide contextual and illustrative
concepts and examples of permitted, encouraged, and compatible development
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
types and opportunities in the Mana Wvnwood SAP Area, subject to the
standards, requirements and restrictions applicable through the Mana Wvnwood
SAP Regulating Plan.
2.2.3 Conflicts
(a) Conflicts with Miami 21 and NRD-1
The Mana Wvnwood SAP and regulations herein are based on the Miami 21
Zoning Ordinance ("Miami 21"), as amended through May 2015, and shall serve
to supersede Miami 21. Where standards set forth in the SAP conflict with
standards set forth in Miami 21, including those applicable through the NRD-1,
Appendix J of Miami 21 ("NRD-1"), the standards in the SAP shall govern. Where
the standards in the SAP are silent, the underlying Miami 21 standards and
requirements, including those applicable through the NRD-1, shall govern.
ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.2 In Tronopn+ 7nnoo T5, T6, G!, GS, B1, DL2, and ID3, buildable sites shall EnfroRt a
T. � , � a„o�o� moo, ,��
. At
grade, buildable sites shall front a Thoroughfare, Open Space or Civic Space Type on at
least one Frontage, as depicted in Concept Book.
3.3.3 Improvements and Development within the SAP Area along Thoroughfares and right-of-
ways designated as NRD Corridors and Wynwood Corridors by the NRD-1 Street Master
Plan shall conform to the provisions of Section 8 of the NRD-1, including the applicable
Setback, pedestrian safety and comfort standards, unless specifically provided herein.
3.3.4 Fer the purposes of this Code, Lets are -divided ince -Layers r,hi h eoRtPGI Development
nn +her For all parcels located in the SAP Area, Lots are divided into Lavers which
control Development. See Article 5, Illustrations 5.5 and 5.6 of the Regulating Plan.
3.5 MEASUREMENT OF HEIGHT
3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Stories.
The height of Fences anti walls, hedges and other ancillary improvements shall be
measured in feet. The Height of Buildings, Facades facing Thoroughfares,
together with, Fences and, walls,, hedges, and other ancillary improvements
shall be measured from the Average Sidewalk Elevation or, where nn siAo—ally,- its
that the base flood elevation, as established by FEMA_; is-hTg�er than the sid�.�oaT k er
grade elevatiens, the Height of the fiFst Stery but Ret the height ef FeRG8S and walls s
ali
be measured from the hoop floor+ oloio+inn
3.5.2 A Story is a Habitable level within a Building ef a maximum fourte-e—n (1-11foo+ ir, Hem nh+
from finiohorl flnnr +n finished floor. Within the Regulating Plan, the maximum Heiaht of a
Story from finished floor to finished floor is fourteen (14) feet. Basements that are fully
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
below -grade are not considered Stories for purposes of determining Building Height. A
ground level fetal active Use Story may exceed this limit up to a total height of twenty-
five (25) feet. A single floor level exceeding fourteen (14) feet, or twenty-five (25) feet at
ground level for active Use, feta+t; shall be counted as two (2) Stories; except for T6-36,
, T5 and T6-8, where a single floor level exceeding fourteen
(14) feet may count as one (1) story if the building height does not exceed the maximum
height, including all applicable bonuses and SAP Enhanced Height, allowed by the
transect at fourteen (14) feet per floor. Where the first two Stories are feta -4 active Use,
their total combined Height shall not exceed thirty-nine (39T feet and the first floor shall
be a minimum of fourteen (14) feet in Height. Mezzanines may not exceed thirty-three
percent (33%) of the Habitable Space Floor Area:; except f0r D1, whertMeaaa,Tiee�
0
) of the Habit -able SpaGe FlGer Area. Mezza
0 eGrFea,peFGen0
the Floor Area in D1, shall be GOURted us „ additio I fl^^r In the West Zone, a single
shall , oQ�
upper floor level located in the Pedestal may exceed fourteen (14) feet. The Height of a
Parking Structure concealed by a Liner or Architectural Treatment may be equal to the
Height of the I�Pedestal; this may result in a Liner Story or Architectural Treatment
concealing more than one level of Parking.
3.13 SUSTAINABILITY
3.13.1 (b) All new Buildings of more than 50,000 square feet of Habitable Rooms or
Habitable Space in the TF TR Cl and GS --nes shall be atmuniMUM,...Tied
adepted or approved by the City. in the SAP Area shall be designed to follow the
metrics provided by the United States Green Building Council ("USGBC"), at a
minimum, as Leadership in Environmental Design ("LEED") Silver, or by an
equivalent metrics by other agencies approved by the City including but not
limited to an equivalent certification by The Florida Green Building Coalition
(FGBC), within one (1) year after obtaining a certificate of occupancy or its
equivalent.
3.14 PUBLIC BENEFITS PROGRAM
The intent of the Public Benefits Program established in this section is to allow bonus Building
Height in the SAP Area onrl GI IR in TC. Z9Res and hnn„o Building Height in D! Ze in
exchange for the developer's contribution to specified programs that provide benefits to the
public.
3.14.1 The bonus Height nand—FLR shall be permitted in the SAP Area if the proposed
Development contributes toward the specified public benefits, above that which is
otherwise required by this Code, in the amount and in the manner as set forth herein.
1. East Zone for T6-8 Transect Zones: ninth (9th) Story bonus shall be pursuant to Public
Benefits Program of Regulating Plan.
2. West Zone for T6-12: twel�) eight 8 Story maximum, SAP Enhanced Height for
tenth (10th) Story to twentieth (20th) Story (excluding ninth (9th) Storv) pursuant to Section
3.16 of the Regulating Plan, bonus to twenty Steries for twenty-first (21S) Story to
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
twenty-fourth (24th) Story shall be pursuant to Public Benefits Program of Re ulating
Plan, F R 8b9R s of 4hir+v peFGeRt (30
3.14.2 Upon providing a binding commitment for the specified public benefits as provided in
Section 3.14.3 3.14.6 below, the proposed development project shall be allowed to build
within the restrictions of the specific Transect Zone, up to the bonus Height and-FLR as
established in this Section. The ens Y , o feotane a1lG w ed above the maximum Height
square y
is that aGhioved thFo gh the here is program
3.14.6 ALLOWABLE INCREASES IN HEIGHT FOR PROVIDING PUBLIC BENEFITS
The intent of this section is to allow bonus Buildinq Height in the SAP Area in exchange for the
developer's contribution to specified programs provided below which provide benefits to the
public.
a. The proposed bonus Height shall be permittedin exchange for contributions for the
following public benefits: Affordable /Workforce Housina Public Parks and Open Space
Civic Space or Civil Support space, Cross -Block Connectivity Brownfields, SAP Public
Improvements, and participation in the Wynwood (NRD-1) Public Benefits Trust Fund, as
further described in more detail below.
1. Definitions
i. Affordable/ Workforce Housing shall mean: housingavailable to families
which meet the qualifications as established by the City Community
Development Department.
ii. Public Parks and Open Space shall mean: Open Space meeting the
standards of Article 4, Table 7 of the Regulating Plan and Miami 21
including the Mana Commons.
iii. Civic Space or Civic Support Use shall mean: a Building Function defined
within Article 1 Section 1.1 f. of Miami 21.
iv. Cross -Block Connectivity shall mean: a Paseo, cross -Block Pedestrian
Passage, or vehicular cross -Block passage that connects two
Thoroughfares and is publicly accessible 24 -hours a day.
v. SAP Public Improvements shall mean: the construction of certain public
improvements, infrastructure and enhancements within the SAP Area and
surrounding areas, including the Mana Commons as further defined in
the Development Agreement.
b. For the purposes of the public benefits program as applicable to the SAP Area
the following criteria shall apply.
1. Affordable/ Workforce Housing. A Development prosect within the SAP Area
may provide any of the followinq or combination thereof:
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
i. Affordable/Workforce Housing on site of the Development. For each square
foot of Affordable/Workforce Housing (including pertaining shared space
such as parking and circulation) provided on site, the Development shall
be allowed two square feet of additional area up to the bonus Height.
ii. Affordable/Workforce Housing off-site. For each square foot of
Affordable/Workforce Housing (including pertaining shared space such as
parking and circulation) provided off site within the NRD-1 boundaries, in
a location within the City approved by the City Manager, the Development
shall be allowed an equivalent square footage of additional area up tothe
bonus Height. No additional allowance is given for the purchase of the
site.
2. Public Parks and Open Space. A Development project within the SAP Area
may provide any of the following or combination thereof:
i. Dedication Off-site: For dedication of Public Park or Open Space provided
off-site within Wynwood, the Development shall be allowed two (2) times
the Development Floor Area of provided land up to the bonus Height. The
Open Space may be a Civic Space Type as more fully described in Article
4, Table 7 of Miami 21.
ii. Dedication On-site: In addition to the minimum required Open Space,
Public Open Space may be provided on-site in a location and of a design
to be approved by the Director of Planning and Zoning. For each square
foot of Public Park or Open Space provided, the Development shall be
allowed two (2) times the Development Floor Area up to the bonus
Height. The prosect shall maintain the Frontage requirements of the
Transect Zone.
3. Civic space and Civil Support space. For a Development project within the
SAP Area that donates a Civic space or Civil Support space to the Citv of
Miami, an additional two square feet of area for each square foot of donated
space, up to the bonus Height.
4. Cross -Block Connectivity. For a Development project within the SAP Area
that provides a Paseo, cross -Block Pedestrian Passage, or vehicular cross -
Block passage; if it is located further than five hundred (500) feet from anv
thoroughfare intersection, connects two thoroughfares, and is publicly
accessible 24 -hours a day or less by process of SAP Permit, additional Floor
Area shall be allowed as follows:
i. For portions of provided Cross -Block Connectivity that are roofed, the
Development shall be allowed an equivalent amount of Development
Floor Area up to the bonusHeight.
ii. _For _portions of provided Cross -Block Connectivity that are open to the sky,
the Development shall be allowed two (2) times the Development Floor
Area up to the bonus Height.
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
5. Wvnwood Public Benefits Trust Fund Contribution. For a cash contribution to
the Wvnwood Public Benefits Trust Fund, the Development project shall be
allowed additional Floor Area up to the bonus Height. The cash contribution
shall be determined based on a percentage of the market value of the per
square foot price being charged for units at projects within the market area
where the proposed project seeking the additional bonus Height is located.
The calculation assumes a land value per saleable or rentable square foot
within market area to equate to between ten percent (10%) to fifteen percent
(15%) of market area's weighted average sales price per square foot. The
cash contributions shall be adjusted on an annual basis to reflect market
conditions effective October 1 of every year.
6. Brownfields. One additional Story of Height shall be permitted for
redevelopment on a Brownfield Site as defined in Miami 21.
7. SAP Public Improvements. Improvements shall be valuated and for said value
the SAP shall be allowed additional Floor Area up to the bonus Height and
shall for all applicable purposes be treated as a Trust Fund contribution
pursuant to Section 3.14.6(b)(5) of the Regulating Plan.
C. The developer shall make a cash contribution to the Wvnwood Public Benefits
Trust Fund in the amount of four dollars ($4.00) per each square foot of bonus
Height obtained pursuant to Section 3.14 of the Regulating Plan. A minimum
thirty-five percent (35%) of these cash contribution(s) made to the Wynwood
Public Benefits Trust Fund allocated towards affordable/workforce housing
ursuant to Section 62-645(d) of the City Code shall be allocated to development
of Affordable/Workforce Housing by Developer within the SAP Area or within a
one thousand foot (1000') radius of the SAP Area, if provided.
3.16 SAP ENHANCED HEIGHT
The intent of the SAP Enhanc_edHeight, established in this section, is to allow enhanced
Building Height in the SAP Area in exchange for developer's contribution to specified programs
that provide benefits to the public. Enhanced Building Height in the SAP Area is beyond the
Stories permitted bv_Rjght by the previous transect zone designations under Miami 21 or the
NRD-1.
3.16.1 The SAP Enhanced Height shall be permitted in the SAP Area with the proposed
Development's contribution toward the specified public benefits, in the amount and in the
manner as set forth herein.
a. East Zone:
T5 Transect Zone: five (5) Story maximum, SAP Enhanced Height from the sixth
(6t") Story to eight (8) Stories.
10
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
T6-8 Transect Zone: five (5) Story maximum, SAP Enhanced Height from the
sixth (6t) Story to twelve (12) or sixteen (16) Stories (excluding ninth (9t") Story)
as identified in the SAP Zoning map of the Concept Book.
SAP Enhanced Height excludes the ninth (9th) Story for all East Zone Transects
in the SAP Area, see Section 3.14 and Article 4, Table 2 of the Regulating Plan.
b. West Zone for T6-12 Transect Zone: eight (8) Story maximum, SAP Enhanced Height
from the tenth (10th) Story to twenty (20) Stories, additional Stories permitted per Section
3.14 of the Regulating Plan.
3.16.2 Upon providinq a_bindinq commitment for the specified public benefits as provided in
Section 3.16.3 below, the proposed development project shall be allowed to build within
the restrictions of the specific Transect Zone, up to the enhanced height as established
in this Section, unless otherwise provided herein. See Section 3.14 of the Regulating
Plan for additional bonus Height permitted in the SAP Area.
3.16.3 ALLOWABLE ENHANCED HEIGHT FOR PROVIDING PUBLIC BENEFITS
The intent of this section is to allow enhanced Building Height in the SAP Area in exchange for
the developer's contribution to specified programs provided below which provide benefits to the
up blit.
a. The proposed SAP Enhanced Height shall be permitted in exchange for contributions
to a fund established by the Southeast Overtown / Park West Community
Redevelopment Agency (SEOPW CRA) for economic development initiatives including
but not limited to affordable / workforce housing ("SEOPW CRA Economic Development
Fund Contribution"), as further described below. All cash contributions for the SEOPW
CRA Economic Development Fund Contribution shall be deposited in such fund for
expenditures pursuant to the guidelines adopted by the Board of the SEOPW CRA.
ii. SEOPW CRA Economic Development Fund Contribution. The developer shall
make a cash contribution to the SEOPW CRA in the amount of one dollar and
seventy five cents ($1.75) per each square foot of SAP Enhanced Height
obtained pursuant to Section 3.16 of the Regulating Plan.
11
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 4. STANDARDS & TABLES
MANA WYNWOOD SAP ARTICLE 4, TABLE 2 MIAMI 21 SUMMARY
LOT OCCUPATION
a. Lot Area
1,200 s f-40009-s,f—*
5,000 sf• min
5,000 sf.min.
b. SAP Enhanced Height
(excluding gth Story in all Zones)
5.000 sf. min
40,000s f. maw
70,009s.f. max.**
b. Lot Width
4,& ftp'^^. 50 ft. min.—*
50 ft. min.
50 ft. min,
C. Lot Coverage
80% max.***
80% max.**
80%max. **
d. Floor Lot Ratio (FLR)
N/A
6/25,14 additional-P-ublis
944(°�addifienai Public
Benefit
Benefit
N/A
N/A
e. Frontage at front Setback
70% min
70% min
70% min
f. Green / Open Space Requirement
10 „f Area mm
Ino Lot Aream
10% Lot Area min.in
East Zone 20% Lot Area
East Zone 20% Lot Area
Apgregate
min. in Aggregate
min. in Aggregate
West Zone 10% Lot Area
West Zone 10% Lot Area
min in A re ate
min in Aggregate
_
g. Density
65 du/aGre maw
150 du/acre
150 du/acre
150 du/acre
a. Principal Front 10 ft. min.*** 10 ft. min.*** 10 ft. min.***
b. Secondary Front 10 ft. min. *** 10 ft. min*** 10 ft. min.—
c. Side 0 ft, min. ** 0 ft. min. ** Oft. min.**
d. Rear 0 ft. min. ** 0 ft. min. ** 0 ft. min. **
1:1 11 kyl-111111i x1161!1/1
BUILDING HEIGHT Stories
a. Principal Building
2 min.
5 max.
2 min.
85 max.
2 min.
428 max.
b. SAP Enhanced Height
(excluding gth Story in all Zones)
3 max.**
a. 6 max.** or
b. 10 max.**
11 max. ** (stories 10 - 20)
Abutting all Zones exce t T3
C. Bonus Height
Abuttin T6 T5 & T4 only
N/A
91h Story (East Zone only)
4 Stories max.(stories 21-
' Or-as-medit adAn-Biagra** Note: Refer to Article 5 and Section 3.16 for Specific Transect Zone Regulations***Note=Beaus shalt net be -available -fore
Wpertiesaabutting T3 properties (refer *** Or as modified by the NRD-1, Miami 21 Section 3.3.6 and Article 5 of the Regulating Plan
12
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MANA WYNWOOD SAP ARTICLE 4, TABLE 3 BUILDING FUNCTION; USES (T5.0 and T6.0)
DENSITY UNITS PER ACRE
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTIFAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK - LIVE
LODGING
BED & BREAKFAST
INN
HOTEL
OFFICE
OFFICE
COMMERCIAL
AUTO-REALTED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
ENTERTAINMENT ESTAB. -ADULT
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE ESTAB.
GENERAL COMMERCIAL
MARINE RELATED COMMERCIAL ESTAB.
OPEN AIR RETAIL
PLACE OF ASSEMBLY
RECREATIONAL ESTABLISHMENT
MANUFACTURING ENABLED RETAIL
ART GALLERY
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
DENSITY UNITS PER ACRE
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
REGIONAL ACTIVITY COMPLEX
PRIVATELY OWNED PUBLIC OPEN SPACE
CIVIC SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MAJOR FACILITY
MARINA
PUBLIC PARKING
RESCUE MISSION
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE / UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
INDUSTRIAL
AUTO -RELATED INDUSTRIAL ESTBL.
MANUFACTURING AND PROCESSING
MARINE RELATED INDUSTRIAL ESTBL.
PRODUCTS AND SERVICES
STORAGE / DISTRIBUTION FACILITY
R Allowed By Right
W Allowed By Warrant: Administrative Procedure — CRC (Coordinated Review Committee
E Allowed By Exception: Public Hearing — granted by PZAB (Planning, Zoning & Appeals Board)
Boxes with no designation signify Use prohibited.
13
0
0
0
0
0
0
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MAMA WYNWOOD SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (T5-0 and T6.0)
DENSITY UPA
150 UNITS PER ACRE
COMMERCIAL
Art Gallery and Manufacturing -Enabled Retail Uses are
permissible as listed in Table 3. limited by compliance with
the regulations provided in the NRD-1.
14
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MANA WYNWOOD SAP ARTICLE 4, TABLE 5 BUILDING FUNCTION: PARKING AND LOADING T5 and T6
S018811, P.AftING9TMIIA6103
HFiRAIa Ifi4C:Tl'Aa TW Shared lF'alking Sbiilll ]57ahli panL!1 :.5 to Im$tlt1Y1 1 e calsirifing Sharwl parding fbt builflb?-s
Witt frwe Alan cube LISP. 7 l t° Vii.
Function Writ Funcdun
- -- _- T ---.n---- Tile Ipafklmj iTt'.-{il Ilt'EUfnL any tlHo FWni:7i:8.:15 CiO a I -+JI ra 6.ss'i1:llIa1N1 Iq diA§flinl{� tl1,� ni:tirrhL'-1' of Sili]:Ei
161MIC(ENT.INt REif0131IM41. tc;It+adkb&M1ellea5ernf0:RHIuuY[ OrpOn_applyprig3Edabinrkcm r: ii hleai69a0,fin1{n€erd:ullW
RANUO ING. LCI GING the, peateir use- isatY,irv.1 re-quiramw
F,instance:HlrnlltilafinajthitladU4 idetulpTOheeci{raria3U005(Vrad�7tiaCommmnaabt;eeret{Flr-
0{,GI1E 13 ill°IfIPE cr1xx05paces,inrdiuiAatfLrylnasshc,r farirrrafl. 'm1u6n,1 r]ncelhebBY'rea{rfirenw<L+
itit N1;
QdiZ7lEliGlgL Lf 0 1d 0«iDttYEGi>M`ld1 i00�ifOrS O'tsi:ur-,ern lwrra�;:,rmlfFrdi:*19.,fitallii:.,cn;sJ*tnauaanisptlu',=_'tal;asElratim{deJ6:�r�t1.1 �1at
12q, T.p Y P.ailva l.Aoid laiSltiallnijiSalcrHe11Vfilefru'tll.
d.YFlFIiTfdISEf 141A1'v�LY'd"a "dT�4fIC4$li,Qrin
IMana Wynwood SAPArea 1T5 U
RESIDENTIAL*
From 25,000 sf to 500,000 sfof Habitable Space
,1�auEmp
Berth Size Loading Berths
,1�erss.nrEtevimard
420 sf 1 per first 100 u nits
° DriiueuniysShalllmar..amid,r7um�nfl�0�et�nffarraJ�is111kmfauan2�rday�ria+e�nA:r01?�tBnf,atH>�m,rA,
I�SSAkf69;
U11EMY
011MY
TWONAr
410sre fd€parldagarea 1pfaFidinq la or rnapm slats.
THAFT,M
TIMMFn
TSnr,r
PefestrimnennanrassM91latleas[SL-Erfrom, slall,driwwrftrawaess.aiile.
From 25,000 sf to 500,000 sfof Habitable Space
n111141_MUs3
I3011eLIE'LC1R'.a85
1?apat'!EiLID.1iA8a
a.,i1dtdtaaleSD,0a5,Ipav-VVp, WMdr5i152r]Ra5 p«'lzliotla. giltlliai{ COP..
3 ft
23 f1
�.fti
O1f-sln33ILIPar ruj tlaciifheS Shalllhat'e a minimulta tieinucT claamrv- ))f7 F:?t. rAIEresucita RltC ll0(ir
t+1
1 Bra
11.061
1.913 It
inheu5ro101-3Tur:ksormadirKuses, Nine mininau>nrt>saraaosnail bet'!lteainentSafalulI5feet
45
11171 tk
?ta di
1d'51#
'tu•Cmtntkrrjal ,armt kiriustl al.
420sf 1st 25ksf-50ksf
420 sf 2nd 50k sf-120k sf
a I m-{ress V'r?Ihkltlar control41Rvk'-s smaT I e 433,11 n So .as U, pow[ie al miffivilmli drivels'XI of 211, deetin
Laatdlel
16'a11T'ii
Greater than 500,000 sfof Habitable Space
hiljl1hne-7neal the lhr�e La+siilim{ Uw and dr9pr-iie3L
31e+fadsi l: 0,SR:r19ftrrininun
660 sf I/ 500K sf
For myuiterllenisofpaWnrgInIs,TOA, in,!1CGn Iartdmecity aff 1watiOffslwllaaesi--gGtid@4
.and 5mhnard5.
LOADING BERTH STANDARDS
IMana Wynwood SAPArea 1T5 U
RESIDENTIAL*
From 25,000 sf to 500,000 sfof Habitable Space
Berth Size Loading Berths
420 sf 1 per first 100 u nits
200 sf 1per each additional 100units orfractionof100
Greater than 500,000 sfof Habitable Space
Berth Size Loading Berths
660 sf I per first 100 units
200 sf 1 per each additional 100 units or fraction of 100
LODGING
From 25,000 sf to 500,000 sfof Habitable Space
Berth Size Loading Berths
420 sf 1 per 300 rooms
200 sf 1 per each additional 100 rooms
Greater than 500,000 sfof Habitable Space
Berth Size Loading Berths
660sf 1 per first 300 units
200 sf 1 per each additional 100 units
OFFICE
From 25,000 of to 500,000 sfof Habitable Space
COMMERCIAL
Berth Size Loading Berths Area
INDUSTRIAI
420sf 1st 25ksf-50ksf
420 sf 2nd 50k sf-120k sf
420 sf 3rd 120k sf- 250k sf
420 sf 4th 250k sf- 300k sf
Greater than 500,000 sfof Habitable Space
Berth Size Loading Berths Area
660 sf I/ 500K sf
15
NOTES
(Berth Types
iResidenflal 200sf = fOft x 20 fix 12 it
Commercial 420sf=12ft x 35 fix 15 it
*Residential and Lodging loading berthsshallbe concealed within a building
*1 Commercial berth maybe substituted by 2liesidential berths
A required induskialer Com more ial loading berth maybe subs0tuted by a Gemmemlal
or Residential lesser loading berth, by4NveHfthe size, character,and operation ofthe
Use is found to not require the dimensions specified and the required loading berth
dimension could not otherwise be provided according to the regulations of this Code.
Commercial berths maybe shared by retail insarne or abutting block.
Development within the SAP Area may elect to pa nicipate in the
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
MANA WYNWOOD SAP ARTICLE 4, TABLE 6 FRONTAGES
i. Cantilever: A Frontage consisting of a portion of a
Facade with a cantilever section of a Building, which
may include Habitable Space, and open to a
Thoroughfare on a minimum of one (1) side. The area
below a Cantilever may be an extension of a Civic
Space Type or Open Space. A Cantilever may project
beyond the Frontage Line into the Mana Commons,
including into an improved public or private outdoor
area. A Cantilever may encroach into the setback by five
(5) feet in the West Zone. Permitted by SAP Permit.
Iry
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MANA WYNWOOD SAP ARTICLE 4, TABLE 7 CIVIC SPACE TYPES
This table describes the standards for areas zoned as Civic Spaces (CS) and for Public Parks and Open Space provided by the
Public Benefits Program. Civic Space Types should be at the ground level or located atop a Structure where the Roof is an
landscaped and/or paved, open to the sky, and shall be
open to the pupnc trom sunrise to sunset. Limited vehicular access may be provided and integrated into the design of the Mana
Commons. Civic Space Types may be publicly or privately owned and may be utilized for private and public events. Open Space
requirements for each zone are described in Article 5. Civic Spaces larger than an 1/8 of an acre in area shall be approved by the
Director of Planning and Zoning
c. Square: An Open Space available for unstructured recreation programs and civic purposes. A 11.
square is spatially defined by Building Frontages with streets on at least one Frontage. Its
landscape shall consist of pavement, lawns and trees, formally disposed. Squares should be
located at the intersection of important Thoroughfares. The minimum size shall be 1/3 acreand-the
maximum shall be 2 acres.
d. Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be
spatially defined by Building Frontages and may include street Frontages. Its landscape shall
consist primarily of pavement and trees. Plazas shall be located at the intersection of important
Thoroughfares. The minimum size shall be 1/8 acre and the maximum shall be 2 acres. I ON1
e. Courtyard / Garden: An Open Space spatially defined by Buildings and street walls, and
visually accessible on one side to the street.
17
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.1 Building Disposition (T5)
a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of the Regulating Plan.
b•Lot
Coverage by any Building shall not exceed eighty percent (80%) of Lot Area. Additional Lot
Coverage may be received up to ninety percent (90%) through the Flexible Lot Coverage
Program as provided in Section 5.1(a)(1) of the NRD-1.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration
5.5 of the Regulating Plan.
d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a
Geurtyard Civic Space Type or Open Space, as depicted in Illustration
5.5 of the Regulating Plan.
e. For the first two (2) Stories of a Building, m4p4 atom Height, facades shall be built par -all
along W the Principal Frontage Line '''long -for a minimum of seventy percent (70%) of its
length on the Setback Line or along a Civic Space Type as shown in Illustration 5.5 In the
absence of Building along the remainder of the Frontage Vie, a Streetscreen shall be built
co -planar with the Fagade to shield parking and service areas.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pedestrian entrances shall occur at a maximum spacing of seventy five (75) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet unless approved by
Waiver SAP Permit. For Flex Space fronting a Civic Space Type or Open Space, shall
permit pedestrian entrances to occur at a maximum spacing of one hundred (100) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet.
g. Setbacks for Buildings located in the SAP Area shall be as shown in Illustration 5.5 of the
Regulating Plan and as modified by Section 8 of the NRD-1 Street Master Plan and
Sections 3.3.3 and 5.6.2(a) of the Regulating Plan. -Where the property to be developed
abuts a StruGture etheF than a Sign, a Waiver may be granted so the d--S#uGt-u%
mo__�tGrhes the ground level derninant setback of the bivvk and its GentexT
M.
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
5.5.2 Building Configuration (T5)
a. Development within Private Frontages shall comply with AFtiGle 4, Tables -2-„�'d 6 and
Illustration 5.5 of the Regulating Plan and as modified by Section 3.3.3 of the Regulating
Plan.
b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback;
except as may be further allowed by Chapter 54 of the City Code; above the first Story,
cantilevered balconies, bay windows, roofs and Facade components promoting energy
efficiency such as shading and Screening devices that are not accessible, may encroach
up to throe ( a maximum of five (5) feet into the Setback by SAP Permit. At the Second
and Third Layers, no encroachments are permitted.
c. Galleries and Arcades shall be permitted at a minimum depth of fifteen (15) feet deep
and may encroach up to one hundred percent (100%) of the depth of the Setback by
PFeEeesef a SpeGialArea Pla ;- and may overlap the whole width of the Sidewalk to
within two (2) feet of the curb_by SAP Permit, Public Works approval and WDRC review
where such proposed condition occurs on a Boundary Thoroughfare Property.
Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of five (5) feet ten (10) feet. Other
ornamental Building features may extend up to ten (10) feet above the maximum
Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may
extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet
above the maximum Height for stair, elevator, elevator lobby, restrooms or mechanical
enclosures shall be limited to twenty (20%) of the roof area, unless approved by Waiver
SAP Permit.
Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height and
constructed of a material matching the adjacent building Fagade or of masonry, wrought
iron or aluminum. The Streetscreen may be replaced by a hedge or fence. Streetscreens
shall have openings no larger than necessary to allow automobile and pedestrian
access. Streetscreens shall be lesated built along the Frontage Line, or coplanar with
the Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent
(50%) permeable or articulated to avoid blank walls.
I. Active Space shall be required along the entire length of the Building's Frontage at the
ground floor. Whenever active Space is not possible along Secondary Frontages
Architectural Treatment or Streetscreens may be nrovided. extent NW 23rd StrPPt and
comply with Section 5.1(f) of NRD-1.
m. A one (1) Story Building may be allowed within the East Zone of the SAP Area provided
that the ground level Story is no less than fourteen (14) feet in Height and a Green Roof
treatment no less than fifty percent (50%) of the roof area is provided, as approved by
SAP Permit.
19
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
5.5.3 Building Function & Density (T5)
a. Buildings located in T-5 the SAP Area shall conform to the following regulations and the
Functions, Densities, and Intensities as shown in Article 4, Tables 3 and 4 and
Illustration 5.5 of the Regulating Plan. Certain Functions as shown in Article 4, Table 3 of
the Regulating Plan shall require approval by Warrant or Exception. Consult Article 6 for
any supplemental use regulations.
b. Density:
i. Buildings located in the SAP Area shall be permitted the maximum allowable
density of the underlying Future Land Use Map designation of 150 dwelling units
per acre.
c. Principal and accessory uses of Buildings in the SAP Area shall conform to Uses
described in Article 4, Table 3 of the Regulating Plan. Surface parking lots and parking
garage structures may be accessory to all principal Uses.
5.5.4 Parking Standards (T5)
a. Vehicular parking, access and loading &ha4 may be required as shown in Article 4,
Tables 4 a+id 5 of the Regulating Plan.
c. Parking and loading should be accessed by an Alley. Parking and loading shall be
accessed from the Secondary Frontage when available. Where Lots have only Principal
Frontages, parking and loading may be accessed from the Principal Frontages.
All parking including drop-off drives and porte-cocheres, open parking areas, covered
parking, garages, Loading Spaces and service areas shall be located within the Third
Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as
illustrated in Article 4, Table 8. Underground parking may extend into the Second and
First Layers only if it is fully underground and does not require raising first -floor elevation
of the First and Second Layers above that of the Sidewalk. Ramps to underground
parking shall be only within the Second and Third Layers. Above ground parking may
extend into the Second Layer a maximum of fifty percent (50%) of the length or Height of
the Secondary Frontage or above ground parking may extend into the Second Laver by
SAP Permit, if an art, glass treatment or Architectural Treatment, of a design to be
approved by the Director of Planning and Zoning with review by the WDRC is provided
for one hundred (100%) percent of that portion of the Pedestal Facade.
e. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than
twenty five (25)thirt 30 feet and the minimum distance between vehicular entrances
shall be sixty (60) feet, unless approved by Waiver. Shared driveway width combining
ingress and egress shall be a maximum width of thirty-five (35) feet at the Propertv. Two
separate driveways on one Lot shall have minimum separation of twenty (20) feet limited
to one per building frontage and to be approved by SAP Permit. Any vehicular drive
greater than twenty (20) feet in width shall require a median of not less than three (3)
feet in width between vehicular ingress and egress travel lanes to enhance pedestrian
safety.
20
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
Pedestrian entrances to all parking lots and parking structures shall be directly from a
Frontage Line. Underground parking structures should be entered by pedestrians
directly from a Principal Building.
h. Loading Standards:
Loading standards shall be required as shown in Article 4, Tables 4 and 5 of the
Regulating Plan, except as modified below:
1. Off -Street Office, Commercial and Residential loading berths shall be required for
developments with an area greater than 25,000 square feet of Habitable Rooms
or Habitable Space.
2. Developments within the SAP Area consisting of less than 25,000 square feet of
Floor Area may elect to participate in the NRD-1 Loading Standards as provided
by Article 4, Tables 2 and 3 and Section 3.1.2 of the NRD-1.
i_ Specific areas may be set aside for Tandem Parking within a Parking Structure. Tandem
Parking in the SAP Area may be used by valet parking operators and for Residential
self -parking within a Parking Structure.
L Development within the SAP Area may elect to participate in the NRD-1 Parking
Program, Section 3.1.1 of the NRD-1.
k. Parking requirements for properties located within the SAP Area may be calculated and
provided for in the aggregate for new and existing Buildings and Uses.
I. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots
including under Thoroughfares in accordance with the City Code of Ordinances.
m. Automated, robotic, and/or mechanical parking internal to a Buildinq or Structure and
screened shall be allowed within the SAP Area by Right. Parking spaces shall be
calculated based on the number of vehicles said facility can accommodate and shall
contribute to the required parking spaces provided by the SAP Area in the aggregate.
n. Parking relaxations generally available in Miami 21, the NRD-1 and Chapter 62, Section
62-542 Interim Parking Program of the Citv Code shall be available within the SAP Area
except to the extent explicitly modified herein.
5.5.5 Architectural Standards (T5)
b. The Facades on Retail and active Frontages shall be detailed as storefronts and glazed
with clear glass no less than seventy percent (70%) of the sidewalk -level Story.
d. All Tthe Fagades of a parking garage Structure that is are not concealed 19ehind by a
Habitable Liner shall be screened to conceal all internal elements such as plumbing
pipes, fans, ducts and lighting. Ramping should be internalized wherever possible.
Exposed spandrels shall be prohibited. The exposed top level of parking Structures shall
be covered a minimum of sixty percent (60%) with a shade producing Structure such as,
but not limited to, a vined pergola or retractable canvas shade Structure.
21
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
5.5.6 Landscape Standards (T5)
c. Boundary Thoroughfare Properties shall comply with Section 6 of the NRD-1 Landscape
Requirements and/or Article 9 of Miami 21 as applicable.
22
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MAMA WYNWOOD SAP ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
b. Lot Width 1464fAff 50 It. min.
c. Lot Coverage 80% max'
d, Floor Lot Rafio(FLR) N/A
e. Frontage at front Setback 170%min.
f. Open Space
BUILDING SETBACK
a. Principal Front 10 iL min.*
b. Secondary Front
10 ft min._"
c. Side
Oft. min.
d. Rear
0 It. min.
e. Abutting Side or Rear T4
6 ft. min.
Abutting Side or Rear T4
10% of Lot depth min. 1 at through 2nd Story
26 ft. min. above 2nd Story
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
b. Porch&Fence
c. Terrace or L.C.
d. Forecourt
e. Stoop
f. Shopfront
It. Arcade
I. Cantle
BUILDING HEIGHT
a. Min. Height 2 Stones
b. Max. Height 5 Stories
c. SAP Enhanced Height 3 Stories Abutting all
Transect Zones except T3
" Or as modified bv Section 1.5 and 1.13 of the NRD-1 and Miami 21 Becton 3.3.6
BUILDING PLACEMENT PARKING PLACEMENT
se ra
imp µ 8;ry
BUILDING HEIGHT
6AP y1 _ —--------' -
B�'hamad
7
10
---^.---------
y I
Nihpmt 1s 3 -
3 ama,.
2
S is sc h4'F
dLea .l
1 I
ABUTTING SIDE & REAR T4 ABUTTING SIDE & REAR T3
"
10% of Lot depth for Lots more than 120' deep
6' min for Lots less than 120' deep
23
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
5.6 URBAN CENTER TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
a. Newly platted Lots shall be dimensioned according to Illustration 5.6 of the Regulating Plan.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration
5.6 of the Regulating Plan.
d. Buildings shall have their principal pedestrian entrances on a Frontage Lie or from a
Gn„rtyarrd at the Connnrd I aye.F Civic Space Type or Open Space, as depicted in Illustration
5.6 of the Regulating Plan.
e. For the first Two (2) Stories of a Building, minim„m I -le h+ facades shall be built parallel
along to the Principal Frontage Line-akmg-for a minimum of seventy percent (70%) of its
length on the Setback Line or along a Civic Space Type as shown in Illustration 5.5 In the
absence of Building along the remainder of the Frontage L4 -pe, a Streetscreen shall be built
co -planar with the Fagade to shield parking and service areas.
At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pedestrian entrances shall occur at a maximum spacing of seventy five (75) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet unless approved by
Waiver SAP Permit. For Flex Space fronting a Civic Space Type or Open Space shall
permit pedestrian entrances to occur at a maximum spacing of one hundred (100) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet.
g. Setbacks for Buildings located in the SAP Area shall be as shown in Illustration 5.6 of the
Regulating Plan and as modified by Section 8 of the NRD-1 Street Master Plan and
Sections 3.3.3 and 5.6.2(a) of the Regulating Plan -Where the prGper;y to be developed
abuts a StFUGtHre ether thaR a Sign, a Waiver may be gFaRted so the prepesed 9#61GWre
ahnve '.-heo oirvh+h flnnr fnr Lots hnrrinry nno /1\ rlimoncinn mooci,riRg nno h„nrlred (100) feet
nr_less may be a minim,Nm Af `ore (0) foo+ by Waiver. For TR
the F=FGRtage SetbaGks above the eighth fleeF shall RGt be required fer a FFE)Rtage faGing a
GiviG SpaGe or a Right of Way seventy (70) feet or gFeater in w;,4+k. A
AbUttiRg a !GweF TranseGt Zone the Setbarks shall Fef!eGt the tra sittipan _.;-;q ;hewn
111u6tratieR 5.6 Principal and Secondary Frontage Setbacks above the eighth Story for the
T6-8 transect zone shall be a minimum of fifteen (15) feet. Principal and Secondary
Frontage Setbacks above the eighth Story for the T6-12 transect zone shall be a minimum
of twenty (20) feet. A Building may encroach the Setback for a maximum of forty percent
(40%) to match the Setback below eight (8) stories except when abutting T5 on a Principal
or Secondary Front. Frontage Setbacks above the eighth Story shall be a minimum of Zero
(0) feet for a Frontage facing a Civic Space, Open Space or a Right-of-Wav measuring
seventy (70) feet or greater in width. Where a Building within the SAP Area Abuts the NRD
zoning district, such Building shall have a maximum Height limitation of one hundred twenty-
three (123) feet at the Frontage along the Setback line from which no additional building
height shall be allowed unless the additional Stories are at a maximum sixty-seven (67)
_degree angle line; such line shall commence at the one hundred and twenty-three feet (123)
foot Height and slope in a direction opposite to the NRD-1 zoning district.
24
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
h. Above the eighth floor, minimum building spacing is sixty (60) feet, except where the
Building abuts a side or rear T5 zoned property, the sixty (60) feet required spacing shall be
above the fifth floor. Lots having one dimension
one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be
reduced to a minimum of twenty (20) feet by SAP Permit Waive. For T6 24 T -6-36,T— 6 48,
T6 60 and T6 80 Above the eighth floor in the Second Layer, at a setback of ten (10) feet,
an additional two stories of habitable space may extend a maximum sixty percent (60%) of
the length of the street Thoroughfare Frontages.
aAbove the eighth floor an additional six feet of non -habitable space may be allowed without
additional setback to accommodate depth of swimming pools, landscaping, transfer beams,
and other structural and mechanical systems including for stairs, elevators and permitted
enclosures and parapets.
For sites -with three hundred and fo Fty (32.101font Grnntage In Rgth or mom, a nrn Rlnnli
f)as&ag .
three hundred and forty (340) feet ftem a- Thelii�hfare the Build'Rg shall
passage sh-all be Gh a GFOSS BleGk Passage may be G-overed above the forst
k- -1. .11 _tFUGtUFe6 GGRReGthRgfloor by a maximum of twenty ive peFGeRt 0
BUil di��RgS, GUnoha�s as terFann peGI Irian . . ._n OF yehi ' T6 60-
a RdTTT6-80 a Pedestrian Passage may be reefed anrd shall be lined with frequent doers and
.. Took.., ..., �.., shall .,3.. lined ,..,, ,x.3..1 ..,..., ,• u
windows. For sites with three hundred and forty (340) feet Frontage length or more,_a cross -
Block passage shall be provided as follows:
West Zone: If the Frontage Line of a site is at any point more than three hundred and
forty (340) feet from a Thoroughfare intersection or existing cross -Block passage or
Paseo, the Building shall provide a cross -Block Pedestrian Passage or Paseo. If the
Frontage Line of a site is at any point six hundred and fifty (650) feet from a
Thoroughfare intersection, a vehicular cross -Block passage shall be provided. Such
a cross -Block Passage may be covered above the first floor by a maximum of
twenty-five percent (25%) of its length with Structures connecting Buildings, such as
a terrace, pedestrian bridge or vehicular bridge.
East Zone: If the Frontage Line of a site is at any point more than three hundred and
forty (340) feet from a Thoroughfare intersection or existing cross -Block passage or
Paseo, the Building shall provide a cross -Block Pedestrian Passage or Paseo. If the
Frontage Line of a site is at any point more than four hundred and fifty (450) feet
from a Thoroughfare intersection or existing cross -Block passage or Paseo, the
Building shall provide a cross -Block Pedestrian Passage or Paseo by SAP Permit
with WDRC review and approval by the Director of Planning and Zoning. If the
Frontage Line of a site is at any point six hundred (600) feet from a Thoroughfare
intersection, a vehicular cross -Block passage shall be provided. Such a cross -Block
Passage may be covered above the first floor by a maximum of twenty-five percent
25%) of its length with Structures connecting Buildings, such as a terrace,
pedestrian bridge or vehicular bridge.
25
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
5.6.2 Building Configuration (T6)
a. Development within Private Frontages shall comply with Artiste 4, Tables 2and 6and
Illustration 5.6 of the Regulating Plan and as modified by Section 3.3.3 of the Requlatinq
Plan, except for the following:
i. Boundary Thoroughfare Properties shall comply with Section 8 of the NRD-1
except, in the East Zone, Setbacks for properties located along the northern side
of NW 23 Street and for properties located along the southern side of NW 24
Street shall be zero (0) feet for a maximum distance of two hundred and thirty
(230) feet of Frontage as measured from NW 5 Avenue.
b. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows:
4 15,000 square foot maximum fnr Residential Uses in T6 9 T-6 12 and T6 24
2-.1. 18,000 square feet maximum for Residential Uses
80
3-. 2. 30,000 square feet maximum for Commercial Uses and for parking
4- 3.180 feet maximum length for Residential Uses.
5.4. 215 feet maximum length for Commercial Uses. Building Floorplates may exceed
215 feet to a maximum of 250 feet by SAP Permit.
c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback;
except as may be further allowed by Chapter 54 of the City Code. Above the first Story,
Cantilevers, cantilevered balconies, bay windows, roofs or Facade components
promoting energy efficiency such as shading and Screening devices may encroach up-te
three (3) a maximum of five (5) feet of the depth of the Setback by SAP Permit. Other
Enclosed cantilevered portions of the Building shall mointa"R the required SetbaGk may
encroach a maximum of five (5) feet for no more than forty percent (40%) of the Building
Frontage except when abutting T5 on Principal or Secondary Frontages by SAP Permit
except along NW 23rd Street and NW 24th Street. Above the eighth Story, when
additional setbacks are required as detailed in Illustration 5.6 of the Regulating Plan,
Fapade components promoting energy efficiency, such as shading and Screening
devices, that are non Gees,ste may be accessible or balconies may encroach a
maximum of three (3) five 5 feet.
d. Galleries and Arcades shall be permitted at a minimum depth of fifteen (15) feet deep,
shall encroach one hundred percent (100%) of the depth of the Setback and shall
overlap the whole width of the Sidewalk to within two (2) feet of the curb by SAP Permit,
with Public Works approval and WDRC review where such proposed condition occurs on
a Boundary Thoroughfare Property.
h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of ten (10) feet. Other enGiesures fnr
housing stairs, elevators OF FReGhaniGal equipment OF fE)F eFRamental BuildiRg features
may exteRd up te ten (10) feet above maximum height for T6 8, uRless appfev-e�
Waive . There shall be no limitation for ornamental element, stair, elevator or mechanical
equipment extensions above maximum Height for T-6-12 T6.24, T6-36, T6-48
and X6-80. Roof decks shall be permitted up to the maximum Height. Trellises may
99
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
extend above the maximum Height up to fourteen (14) feet. Above the eighth Story.
when Setbacks are required as detailed in Illustration 5.6 of the Regulating Plan
parapets and enclosures housing stairs, elevators or mechanical equipment located on a
roof shall be permitted to encroach within the Setback area by SAP Permit.
Streetscreens or fences shall be between three and a half (3.5) and eight (8) feet in
Height and constructed of a material matching the adjacent building Fagade or of
masonry, wrought iron or aluminum. The Streetscreen may be replaced by a hedge.
Streetscreens shall have openings no larger than necessary to allow automobile and
pedestrian access. Streetscreens shall be ies� built along the Frontage Line, or
coplanar with the Building Facade Line. Streetscreens over three (3) feet high shall be
fifty percent (50%) permeable or articulated to avoid blank walls.
I. Active Space shall be required along the entire length of the Building's Frontage at the
ground floor. Whenever active Space is not possible along Secondary Frontages
Architectural Treatment or Streetscreens may be provided, except NW 23rd Street and
NW 24th Street. Properties developed along NW 23rd Street and NW 24th Street shall
comply with Section 5.2(d) of the NRD-1.
5.6.3 Building Function & Density (T6)
a. Buildings located in T& the SAP Area shall conform to the following regulations and the
Functions, Densities, and Intensities described in Article 4, Table 3 and Illustration 5.6 of
the Regulating Plan. Certain Functions as shown in Article 4, Table 3 of the Regulating
Plan shall require approval by Warrant or Exception. Consult Article 6 for any
supplemental use regulations.
c. Density:
i_ Buildings located in the SAP Area shall be permitted the maximum allowable
density of the underlying Future Land Use Map designation of a maximum of 150
dwelling units per acre.
d. Principal and accessory uses of Buildings in the SAP Area shall conform to Uses
described in Article 4, Table 3 of the Regulating Plan. Surface parking lots and parking
garage structures may be accessory to all principal Uses.
e. The calculation of FLR shall not apply to T6 properties located in the SAP Area.
f. Any Building located in the T6 -8B-0 Transect Zone in the East Zone containing twenty-
five _percent (25%) or more Residential uses (excluding Lodging and Affordable/
Workforce Housing) of the total Building's Floor Area shall be limited to a Height of
twelve (12) Stories.
01A
MIAMI 21 ARTICLE "X" MAMA WYNWOOD SAP
REGULATING PLAN
5.6.4 Parking Standards (T6)
a. Vehicular parking, access and loading-&hatl-may be required as shown in Article 4, Tables 4
and 5 of the Regulating Plan.
c. Parking and loading should be accessed by an Alley. Parking and loading shall be accessed
from the Secondary Frontage when available, see page Al -16 of the Concept Book. Where
Lots have only Principal Frontages, parking and loading may be accessed from the Principal
Frontages.
Primary Frontage. All parking, including drop-off drives and porte-cocheres, open parking
areas, covered parking, garages, Loading Spaces and service areas shall be located within
the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen
as illustrated in Article 4, Table 8. Parking may extend into the Second Layer above the first
(1) Story, by SAP Permit Waiver, if ;^ a or Architectural tTreatment, of a design to be
reviewed approved by the Plaan+gag Director of Planning and Zoning, with theeGe -
mendatmen—efithe Urban Design Review Board, and WDRC review, is provided for one
hundred (100%) percent of that portion of the Pedestal Fagade.
e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading
Spaces and service areas shall be located in the Third Layer and shall be masked from the
Frontage by a Liner Building or Streetscreen for a Minimum of fifty perront (501%) of the
length of the frontage or height of the Pedestal. Above ground Parking may extend into the
Second Layer ° for the length of the frontage or height of the
Pedestal, by SAP Permit Waiver, if Architectural tTreatment, of a design to be approved by
the MaRRORg Director of Planning and Zoning is provided for that portion of the pedestal
facade.
g. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than thirty
(30) feet and the minimum distance between vehicular entrances shall be sixty (60) feet,
unless approved by SAP Permit Waive. Shared driveway width combining ingress and
egress shall be a maximum width of thirty-five (35) feet at the Property. Two separate
driveways on one Lot shall have minimum separation of twenty (20) feet limited to one per
building frontage and to be approved by SAP Permit. Any vehicular drive greater than
twenty (20) feet in width shall require a median of not less than three (3) feet in width
between vehicular ingress and egress travel lanes to enhance pedestrian safety.
J_ Loading Standards:
Loading standards shall be required as shown in Article 4 Tables 4 and 5 of the Regulating
Plan, except as modified below:
1. Off -Street Office, Commercial and Residential loading berths shall be required for
developments with an area greater than 25,000 square feet of Habitable Rooms or
Habitable Space,
2. Developments within the SAP Area consisting of less than 25,000 square feet of
Floor Area may elect to participate in the NRD-1 Loading Standards as provided by
Article 4, Tables 2 and 3 and Section 3.1.2(b) of the NRD-1.
M
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
k. Specific areas may be set aside for Tandem Parking within a Parking Structure. Tandem
Parking in the SAP Area may be used by valet parking operators and for Residential self -
parking within a Parking Structure.
1_ Development within the SAP Area may elect to participate in the NRD-1 Parking Program
Section 3.1 of the NRD-1.
m. Parking requirements for properties located within the SAP Area may be calculated and
provided for in the aggregate for new and existing Buildings and Uses.
n. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots
including under Thoroughfares in accordance with the City Code of Ordinances.
o. Automated, robotic, and/or mechanical parking internal to a Building or Structure and
screened shall be allowed within the SAP Area by Right. Parking spaces within said facilities
shall be calculated based on the number of vehicles said facility can accommodate and
shall contribute to the required parking spaces provided by the SAP Area in the aggregate.
p. Parking relaxations generally available in Miami 21, the NRD-1 and Chapter 62 Section 62-
542 Interim Parking Program of the City Code shall be available within the SAP Area except
to the extent explicitly modified herein.
5.6.5 Architectural Standards (T6)
b. The Facades on Retail active Frontages shall be detailed as storefronts and glazed with
clear glass no less than seventy percent (70%) of the sidewalk -level Story.
d. All the Fagades of a parking garage Structure that fs are not concealed behind by a
Habitable Liner ^nd All El^w^+�^^c shall be screened to conceal all internal elements such as
plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible.
Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be
covered a minimum of sixty percent (60%) with a shade producing structure such as, but not
limited to, a vined pergola or retractable canvas shade structure.
5.6.6 Landscape Standards (T6)
c. Boundary Thoroughfare Properties shall comply with Section 6 of the NRD-1, Landscape
Requirements and/or Article 9 of Miami 21, as applicable.
'rte
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MANA WYNWOOD SAP ARTICLE 5, ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6.8)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
5,000s.f.min.44,0004knax
b. Lot Width
50 ft. min.
c. LotCoeerage
0ft. min;30MI. Min. above8th Story
1-8 Stories
80% max.
Above 8th Story
16 00&_8 000 sq. ft. max. Floorplate for
Residential & Lodging
30,000 sq. ft. max. Floorplate for Office &
Commercial
d. Floor Lot Ratio (FLR)
his-BEweM/A
e. Frontage at front Setback
70%min.
f. Open Space
.
East Zone: 20% Lot Area min. in Aggregate
West Zone: 10% Lot Area min. in Aqq regate
g. Density
150 du/ac max,
BUILDING SETBACK
a. Principal Front
10 ft. min_;2015ft.Min. above BthStory
b. SecondaryFront
10 ft. min_; 2015ft. Min. above 8th Story
c. Side
0ft. min;30MI. Min. above8th Story
J. Rear
0ft. min.;3010tMin. above8th Story
e. Abutting Side or Rear T5
0 ft. min. 1stthrough 5th Story
permitted
10 ft. min. 6th through 8th Story
permitted
30 0. min. above 8th Story
1permitted
67 degree angle above 8th Ste
Along BoundaryTllorouhq fere
I. Cantilevererp
miffed
Abutting Side or Rear T4
6ft, min. 1stthrough 5th Story
u
26 ft. min. 6th through 8th Story
30 ft. min. above 6th Story
Abutting Side or Rear T4
10% of Lot depth min. 1st through 2nd Story
146
26 0. min. 3rd through 5th Story
ft. m in. above 5th Story
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted
g. Gallery
1permitted
h. Arcade
Ipermitted
I. Cantilevererp
miffed
RUll_DING AFI(' HT
:3
a. Min. Height
2 Stories
b. Max. Height
85 Stories
c. SAP Enhanced Height
Abutting all Transects Zones
a
except T3:
T6 -8A: 7 stories
j iE i
T6 -8B: 11 stories
d. Bonus Height9thstorv(EastZoneonly)
r
Or as modified by Seclion 8 of dee NRD- 1 and Miami 21 Section 3.3.6
BUILDING PLACEMENT PARKING PLACEMENT
30
T6 -8A ABUTTING SIDE& REAR ALL ZONES EXCEPT T4, T3.
i
I
SAP --La i .. ...... .................
fa—hJ at4 it hz
?
7 12
t
I ti
__
ern ...
a
az _
1
j iE i
Banvs
r
6
x nn+ i 6
5
4i4
�'keaae—yr 3
:3
u
T6 -8B ABUTTING SIDE & REAR ALL ZONES EXCEPT T4, T3
r I
SAPEnhanod
t
az _
p 3
j iE i
Banvs
r
6
i8
IT Warn
I
4
4
t
I
2 Nmim
a
i 2 41 ft
_
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
MAMA WYNWOOD SAP ARTICLE 5, ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6.12)
BUILDING PLACEMENT PARKING PLACEMENT
BUILDING DISPOSITION
LOT OCCUPATION
a. LotArea
5,000s.f.min, ;
b. LotWdth
50 ft min.
c. Lot Coverage
0 ft. min.; 301t. Min. above 8th Story
1-8 Stories
80%max.
Above 8th Story
1a80g4$ 000 sq. ft max. Floorplate for
Residential & Lodging
30,000 sq. ft. max. Floorplate for Office &
Commercial
d. Floor Lot Ratio (FLR)
81301; add lienal P, bliG Rnne(tN/A
e. Frontage at front Setback
70%min.
f. Open Space
dA1oTeEArea min.
EastZone: 20%Lot Area min. in Aggregate
WestZone:10%LotArea min. in Aggregate
g. Density
1150 du/ac max.
BUILDING SETBACK
a. Principal Front
10 ft min.°; 2011. Min. above 8th Story
b. SecondaryFront
10 ft min"; 20ft. Min. above 8th Story
c. Side
0 ft. min.; 301t. Min. above 8th Story
It. Rear
0 ft. min.; 301t. Min. above 8th Story
e. Abutting Side or Rear T5
0 ft, min. 1 st through 5th Story
Enhanced i
10 ft. min. 6th through 891 Story
permitted
30 ft min. above 8th Story
Abutting Side or Rear T4
6fl, min. 1atthrough 5th Story
1permitted
26 ft. min. 6th through 8th Story
miffed
30 ft, min. above 8th Story
Abutting Side or Rear T4
1 O%of Lot depth min, I st through 2nd Story
2 Stories
26 ft min. 3rd through 5th Story
428 Stories
46 ft min. above 5th Story
I'll, Im, Ian,
BUILDING HEIGHT
Bonus --�
xe;nm
--------- ----------
24
prohibited
!23
prohibited
----------
22
l_..------------------1
prohibited
21 ;
AAP ---T�
'---------------__---�
Enhanced i
20 '
permitted
g. Gallery
BUILDING CONFIGURATION /{
HeZght
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted
g. Gallery
1permitted
h. Arcade
1permitted
i. Cantilevererp
miffed
BUILDING HEIGHT
a. Min. Height
2 Stories
b. Max. Height
428 Stories
c. SAP Enhanced Height
12 Stories Abutting all Transects Zones
except T3
d. Bonus Height
4Stories (stories; 21-24)
Abutting al I Transects Zones exce pt T3
* Or as rmdNed by Sedan 8 of the NRD- i and Miami 21 Secbon 3.3.6
31
4
3 D ruia.
i
st
t1,n Ida„ In„
24
ABUTTING SIDE & REAR ALL ZONES EXCEPT T4, T3.
t:,�
NUMa W
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 6: SUPPLEMENTAL REGULATIONS
MANA WYNWOOD SAP ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS T_( 5•T6)
OPEN AIR RETAIL
Operation limited to weekdays, weekends, and legal holidays
between the hours of 7:00 AM and 7:00 PM.
PTevisien-ef-pavingy41ng-fer-stalls and -parking -spaces.
6.3.2 VEIND Nra CRTS ini OPEN AIR RETAIL
Within Mang Commons Civic Space Types, open space, or partially open space, the following
uses may be permitted pursuant to the Warrant PFGG following requirements:
4-a. Outdoor dining areas; shall be permitted as follows:
1. Outdoor dininq areas located on Private Frontages, and:
i. Fronting Mana Commons are permitted by Right.
ii. Fronting a Thouroughfare are permitted by SAP Permit.
2. Outdoor dining areas located on Public Frontages are permitted by SAP
Permit.
b. Open Air Retail Uses and Market Pavilion Buildings shall be permitted by Right.
C. All exhibits, displays and sales of items from a Retail Merchandising Unit shall be
subject to the following_ limitations:
1. Retail Merchandisinq Units, excluding anv associated sianaae, as permitted
below in c.4., shall be limited to a maximum size of two hundred (200) square
feet in area and shall not exceed a maximum Height of fifteen (15) feet;
2. Retail Merchandising Units shall not exceed 35 units.
3. Retail Merchandising Units shall be setback from any adjacent public right-of-
way by a minimum of ten (10) feet.
4. Retail Merchandising Unit openings and windows may be closed from time to
time to secure the structure.
5. Individual exterior identity signs shall be limited to sixteen (16) square feet in
area, with no dimension exceeding eight (8) linear feet in length. There shall
be no more than two (2) identity signs per Retail Merchandising Unit.
32
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
d. Open Air Retail Uses shall not count towards gross buildable area and floor lot
ratio or Floor Area calculations if the vending carts, kiosks, Retail Merchandising
Units or other structure has wheels and is removable within 24 hours in case of
emergency.
e. Deviations from the standards set forth in Section 6.3.2(c) of the Regulating Plan
may be approved by SAP Permit upon a finding by the Director of Planning and
Zoning that the requested modifications are justified due to one or more of the
following special conditions:
Established pedestrian flow patterns;
Existing landscape features;
Governmental action which creates a peculiar confiauration on the
subject property
iv. Deviations do not interfere with the pedestrian experience within the
Mana Commons
• _ .. --- - M --------
e ee- z .. .. _ .. _• .. _. -
1 ••-.. • _ .ter ..-.. . • - •.�
WIN
ON
. _ . . .. . .. _ . .. - . . -
■ . . .. .. . . . -... .. r .. _110D.W14M.9-Off"MV M.
33
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
Ran M MA
..I 1111-110-i
-
7. Lighting shall be limited te task lighting as neGessary for the GE)RdYGt of busipe�-,
1Estnhlinhed pedestrian flew patterns
2 Existing landSGapo features
2-. GZ ]l/a1'nmental—ra GtiOi i ooh;nh GTeafes a peealiar Genfigu afien GR the SUbjeGt
nrn
34
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
ARTICLE 7: PROCEDURES AND NONCONFORMITIES
7.1.2.11 Mana Wvnwood SAP Permit
a. SAP Permit
All new Development within the SAP Area shall require approval by SAP Permit except
Building One as provided in the Appendix to the SAP. In addition, all other permits necessary to
develop property within the SAP Area, such as Warrants and Waivers, shall be approved by
SAP Permit and subject to the equivalent fee to those established in the Miami 21 Code and
Chapter 62 of the City of Miami's Code of Ordinances. The process and criteria for review and
approval of a SAP Permit application is set forth below.
Design conditions or Uses requiring approval by SAP Permit are described in the various
articles of the Mang Wvnwood SAP, and are referenced here only for convenience. The specific
parameters of each SAP Permit are further described in the articles in which each SAP Permit
appears in the Regulating Plan.
1. Incorporation of vegetated surfaces and planters into Architectural Treatment
pursuant to a maintenance agreement (Article 1, Section 1.2).
2. Decrease of required parking by thirty percent (30%) for properties located
within a half -mile (1/2) radius of a TOD (Article 4, Table 4).
3. Cantilever with a minimum height of fifteen (15) feet and a maximum height of
twenty-four (24) feet (Article 4, Table 6).
4. A single Structure located in the Mang Commons supporting a ground plane
extension with a single Story of Habitable Space not to exceed five thousand
(5,000) square feet of Floor Area and a maximum twenty-five (25) feet in
Height (Article 4, Table 7).
5. Relaxation of pedestrian and vehicular entrance requirements along the
Facade (Article 5, Section 5.5.1.f, 5.6.1.f) with review by the WDRC.
6. Encroachment of cantilevered balconies, bay windows, roofs facade
components promoting energy efficiency, and screening devices into the
Setback (Article 5, Section 5.5.2.b, 5.6.2.c).
7. Extensions above the maximum Height for stair, elevator, elevator lobby,
restrooms or mechanical enclosures beyond twenty (20%) of the roof area
(Article 5, Section 5.5.2.h).
8. To permit one (1) Story Building with a ground level Story no less than
fourteen (14) feet in Height and a Green Roof treatment no less than 50% of
the Roof area (Article 5, Section 5.5.2.m)
35
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
9. Extension of above ground Parkinq into the Second Layer where an art glass
treatment or Architectural Treatment is provided. (Article 5, Section 5.5.4.d
5.6.4.d).
10. Relaxation of parking lot entrance distance and allowance of two (2) separate
driveways on one (1) Lot (Article 5, Section 5.5.4.e, 5.6.4.8).
11. Facades on Retail and Flex Frontages providing art, glass and/or
Architectural Treatment for one hundred percent (100%) of the Facade
sidewalk -level Story (Article 5, Section 5.5.5.b, 5.6.5.b)
12. Adjustments to Building Setbacks above the eighth floor for Lots having one
dimension one hundred (100) feet or less (Article 5, Section 5.6.1.h).
13. Encroachment of parapets and enclosures housing stairs elevators or
mechanical equipment located on a roof above the eighth Story within the
Setback (Article 5, Section 5.6.2.h).
14. Building Floorplate dimension exceeding 215 feet to a maximum of 250 feet
for T6 for all Uses (Article 6, Section 5.6.2(b 3�
15. Extension of above ground Parking into the Second Laver where
Architectural Treatment is provided. (Article 5, Section 5.6.4.e).
16. Outdoor dining fronting a Thoroughfare (Article 6, Section 6.3.2.a.1.i).
17. Outdoor dining located on Public Frontage (Article 6, Section 6.3.2.a.2).
18. Deviations from certain Open Air Retail standards as provided in Section
6.3.2(c) of the Regulating Plan (Article 6, Section 6.3.2.e).
19. Modifications to previously approved SAP Permits (Article 7, Section
7.1.2.11.e)
20. Review and approval of Media Signs (Article 10, Section 10.3.9).
21. SAP Sign Package (Article 10, Section 10.3.10).
22. As appropriate to the nature of the SAP Permit involved and the particular
circumstances of the case SAP Permits up to ten percent (10%) of any
particular applicable standard of Miami 21 and/or the Regulating Plan except
Density, Intensity, and Height, may be granted when doing so promotes the
intent of the SAP or particular Transect Zone where the proposal is located; is
consistent with the guiding principles of the SAP and/or Miami 21; and there
is practical difficulty in otherwise meeting the standards of the SAP and/or
Miami 21, or when doing so promotes energy conservation and Building
sustainability. The inability to achieve maximum Density, Height, or floor plate
for the Transect shall not be considered grounds for the granting of a SAP
Permit. This SAP Permit cannot be combined with any other specified SAP
Permit of the same standard.
36
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
b. SAP Permit review and approval process
1. The Director of the Wvnwood Business Improvement District (BID) shall
receive courtesy notice of all SAP Permit applications.
2. The Zoning Administrator shall review each submitted application for a
SAP Permit for completeness within seven (7) days of receipt. Upon
verification by the Zoning Administrator, the application shall be referred
to the Director of Planning and Zoning The Director of Planning and
Zoning shall review each application for an SAP Permit for consistency
with the Regulating Plan, Concept Book Development Agreement Miami
21 and the Miami Comprehensive Neighborhood Plan.
3. The Director of Planning and Zoning approves, approves with conditions
or denies the SAP Permit application. Approvals shall be granted when
the application is consistent with the SAP, inclusive of its Regul.ating Plan
Concept Book, approved Development Agreement, the Miami 21 Code
and the Miami Comprehensive Neighborhood Plan, as applicable.
Conditional approvals shall be issued when the application requires
conditions in order to be found consistent with the SAP inclusive of its
Regulating Plan, Concept Book, approved Development Agreement, the
Miami 21 Code and the Miami Comprehensive Neighborhood Plan as
applicable. Denials of applications shall be issued if, after conditions and
safeguards have been considered, the application still is inconsistent with
the SAP, inclusive of its Regulating Plan, Concept Book, approved
Development Agreement, the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan, as applicable. The decision of the
Director shall include an explanation of the Code and/or SAP
requirements for an appeal of the decision. The Director shall include a
detailed basis for denial of a SAP Permit.
4. Urban Development Review Board ("UDRB"). If the SAP Permit
application involves a project in excess of two hundred thousand
(200,000) square feet of Floor Area, the SAP Permit shall be referred to
the UDRB.
5. Coordinated Review Committee ("CRC"). Any new Building within the
SAP Area will be reviewed by the CRC in accordance with Section
3.9.1(8) and Section 7.1.1.3 of Miami 21.
6. Wvnwood Design Review Committee ("WDRC"). All projects and signage
within the SAP Area shall be referred to the WDRC which shall review
the application for compatibility with the cultural and architectural
character of the Wvnwood Arts District only and provide comments to the
Director of Planning and Zoning accordingly. The following shall also be
referred to WDRC for review:
a. Streetscape. The WDRC shall provide input with respect to the
design of the SAP Area's streetscape or any Streetscape.
37
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
b. Mang Commons. The WDRC shall provide input with respect to
the design of the Mang Commons.
7. SAP Permits shall be valid for a period of two (2) years during which a
building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit. A one (1) time extension for a period not
to exceed one (1) additional year, may be obtained if approved by the
Director of Planning and Zoning upon written request by the applicant and
subject to the equivalent fee to those established in the Miami 21 Code
and Chapter 62 of the City Code.
C. SAP Permit Review Criteria
As appropriate to the nature of the SAP Permit involved and the particular circumstances
of the case, the following criteria shall apply to a SAP Permit application. The application
shall be reviewed for consistency with the Regulating Plan, Concept Book Development
Agreement, Miami 21 and the Miami Comprehensive Neighborhood Plan. The review
shall consider the intent of the SAP, theug iding principles of the Miami 21 Code and the
manner in which the proposed Use will operate given its specific location and proximity
to less intense Uses. The review shall also apply Article 4, Table 12, Design Review
Criteria of Miami 21, as applicable.
d.Appeal of SAP Permit to the Plannina, Zonina, and Appeals Board
An appeal of the determination of the Director of Planning and Zoning which shall be de
novo and heard before the Planning, Zoning and Appeals Board (PZAB) and must state
with specificity the reasons for the basis of the appeal which will be presented to PZAB
together with payment of any required fee. An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posting of decision by the Director
of Planning and Zoning on the City's website. The PZAB shall determine whether the
appeal of the SAP Permit is upheld or rescinded.
The ruling of the PZAB may be further appealed to the City Commission de novo within
fifteen (15) calendar days of the PZAB ruling. The filing of the appeal to the City
Commission shall state the specific reasons for such appeal, together with payment of
any required fee.
e. Modifications to a previously approved SAP Permit
An applicant may modify a SAP Permit approved under this Appendix, as a minor
modification through the SAP Permit process. Minor Modifications include but are
not limited to:
i. Changes that conform with the Regulatinq Plan; or
ii. Changes in the protect phasing.
In the event that the modification is determined to be "not minor" a new SAP Permit
shall be required.
W
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
7.1.2.11 MODIFICATIONS TO THE INITIAL DEVELOPMENT PROGRAM
The Development Program, including Uses, Densities and Intensities as provided herein and
depicted in the Concept Book is the development which is currently envisioned for the SAP
Area.
7.3 FLEXIBLE ALLOCATION OF SAP AREA DEVELOPMENT CAPACITY
a. Properties located within the SAP Area may be subject to Declaration of Restrictive
Covenant(s) in Lieu of Unitv of Title in a form approved by the Citv and the City Attorney
("Covenant(s) in Lieu"), which document permits and facilitates the flexible allocation of
Density and Intensity for Lots, sites and parcels located throughout the SAP Area as
long as the overall Height and Building mass distribution for the entirety of the SAP Area
is not out of scale or character with the underlying Transect Zone. As described above
the Covenant in Lieu is consistent with: (i) the land development regulations for the SAP
Area contained in Miami 21; and (ii) the goals, policies and objectives of the Miami
Comprehensive Neighborhood Plan.
ARTICLE 10 SIGN REGULATIONS
10.1 GENERAL
Notwithstanding any other provision of the City Code or Miami 21 signage consistent
with this Appendix shall be permitted in the SAP Area in accordance with the Regulating
Plan, as long as the dimensions of such signage is consistent with Article 10 Table 15 of
Miami 21, except for Media Signs which shall be governed by the standards provided in
Section 10.3.9 of the Regulating Plan.
10.3.9 SAP MEDIA SIGN STANDARDS
All Media Signs within the SAP Area shall be subject to the following standards.
a. All Media Signs shall be reviewed and approved by SAP Permit.
b. Media Signs shall not be visible from any point in the adjacent public right-of-way,
beyond the boundaries of the SAP Area and from any portion of a T1 T3 T4 T5 -R
or T6 -R property located outside of the SAP Area.
c. Media Signs may contain an affixed illuminated display system using signage and
any other form of illuminated visual message media constructed to display artistic
works, that may be electronic and composed of photographs or animation or
arrangements of color, and that display on-site commercial or noncommercial
messages, relies on a Building for structural support and are applied to the Building
or depicted on vinyl, fabric, metal screens or other similarly flexible material that is
attached flush or flat against the Buildbg' surface.
39
MIAMI 21 ARTICLE "X" MANA WYNWOOD SAP
REGULATING PLAN
d. Media Signs shall have a maximum of two (2) surfaces located internally to the Mana
Commons which may include visual media and shall have a maximum of two
thousand one hundred (2,100) square feet of area.
e. Media Signs shall be placed at a minimum height of twenty five (25) feet above
sidewalk level.
f. The visual media display system for Media Signs may illuminated by LED lights.
g, Media Signs shall be subject to the Illumination Sign requirements provided in Article
10 of Miami 21.
h. Media Signs shall be subject to the Class B (point of sales Signs) requirements of
Miami 21.
i. Any portion of a Media Sign shall not exceed the height of fifty (50) feet above
sidewalk level.
10.3.10 Special Area Plan Sign Package
The Mang Wynwood SAP Sign Package shall serve to enhance the SAP Area's identity,
provide safe and clear directional devices for visitors into and through the SAP Area, deliver
information about the SAP Area, and preserve the character of the surrounding community as a
unique destination for innovation, art, culture, design, and fashion in Miami. The SAP Sign
Package may also include signage welcoming visitors or identifying the Historic Overtown and
Wynwood communities as approved by the City. A SAP Sign Package shall allow greater
flexibility in sign regulations when the flexibility results in a higher or specialized quality design.
Approval of such a package may also authorize the placement of Directional Signs within the
Public Right of Way or First Layer subject to the following conditions: (i) Directional Signs shall
not be located within the First Laver or Public Right of Way so as to disrupt pedestrian activity;.
(ii) Directional Signs shall respect the vision clearance standards set forth in Section 3.8.4 of
Miami 21; and (iii) the placement of a Directional Sign within the Public Right of Way shall
require the approval of the Public Works Director. Specific sign standards may be exceeded for
various sign types with the exception that the total aggregate areas for Building Identification
and Directional Signs are not exceeded. A SAP Sign Package submittal may be submitted for
either the entirety of the SAP Area or for individual blocks comprising the SAP Area. Such
submittal, at a minimum, shall include the following: (i) a plan view of each Sign type indicating
the typical condition for each Sign type and (ii) the specifications for each Sign type. A SAP Sign
Package shall require a SAP Permit. Where a SAP Sign Package is approved for an individual
block, all subsequent submittals for future blocks shall incorporate an aesthetic consistent with
the aesthetic of the previously approved Sign Package. Upon approval of a SAP Sign Package,
all signs which conform to the standards set forth therein shall not require individual SAP
Permits and shall be permitted if in compliance with the Florida Building Code.
40
EXHIBIT "D"
WEST I EAST
_ .. NW2511,Sr
NW ;,s7 - NW24th Sl
a �
NW Ulld S/ . .
E
NW220dSt �.
NW21sf TER
MAMA 1l1/1PNWOOD SAP
DEVELOPMENT AGREEMENT
`, dere
1 Sd.®V'Cnu
Partial ROW improvements facing NW 23rd, 24th Street, and NW 5th Avenue will be provided
r
Public Streetscape
$
127,050.00
Open Space
$
731,611.57
Roadway and Sidewalk Improvements
$
510,868.50
Off-site Water& Sewer
$
586,109.99
Street Art
$
7,800.00
TOTAL
$
1,963,440.06
For illustrative purposes only. Final development design shall be in
accordance with the individual site plan approval(s).
Open Space
Open Space - Completed
46 Streetscape
Streetscape - Completed
' i., M a ,,, p qg',
'y e`,, cc //''yy `, p^ L1 I n N E :, RI d _>,1 FI
L I J C W V I C IH nh fL =s a n.,
P5 3±2 .i i 1
;a R C :H i S E t T 5 1 _c, 5-7 szi
MANA WYNWOO® SAP
DEVELOPMENT AGREEMENT
WESTI EAST
East Parcel TWO
During the construction of this phase, the min. percentage of improvements of
the Open Space is to be provided as per Matrix of improvements of open space as per sheet Al -12
of the Concept Book.
Temporary open space improvements will include painted finish surfaces with artistic patterns,
pop-up artistic type seating areas, temporary parking.
Partial ROW improvements facing NW 22nd Street will be provided
Public Streetscape
$
i
J
$
Parcel 2 (
Roadway and Sidewalk Improvements
i
I !
Off-site Water& Sewer
$
2,240,640.00
Street Art
xiv7��nsr
During the construction of this phase, the min. percentage of improvements of
the Open Space is to be provided as per Matrix of improvements of open space as per sheet Al -12
of the Concept Book.
Temporary open space improvements will include painted finish surfaces with artistic patterns,
pop-up artistic type seating areas, temporary parking.
Partial ROW improvements facing NW 22nd Street will be provided
Public Streetscape
$
646,800.00
Open Space
$
2,473,818.44
Roadway and Sidewalk Improvements
$
1,983,564.00
Off-site Water& Sewer
$
2,240,640.00
Street Art
$
52,800.00
TOTAL
$
7,397,622.44
Open Space
Open Space - Completed
For illustrative purposes only. Final development design shall be in Streetscape
accordance with the individual site plan approval(s). Streetscape - Completed
a Fid � z ,v,� �. ,� f �r 1� � r i t � • r K
�[ �t
Z (S C O V I C H N A uay Al d s;xf• sa
S R C ii I T E C 7 v r
®°grim
During the construction of this phase, the min, percentage of improvements of
the Open Space is to be provided as per Matrix of improvements of open space as per sheet Al -12
of the Concept Book.
Fully improved open space for East Zone is to be located during the completion of this phase.
At the end of this phase, 100% of the Mana Commons East is to be provided
as a permanent design
Partial ROW improvements facing NW 23rd Street and NW 5th Avenue will be provided
Public Streetscape
$
451,050.00
Open Space
$
5,316,664.51
Roadway and Sidewalk Improvements
$
1,346,151.00
Off-site Water& Sewer
$
1,120,702.00
Street Art
$
30,660.00
Relocate FPL Lines
$
3,117,000.00
TOTAL
$
11,382,227.51
For illustrative purposes only. Final development design shall be in
accordance with the individual site plan approval(s).
Open Space
Open Space - Completed
Slreetscape
fb Slreetscape - Completed
milm=1231=000M
ao.cW6i:�a.n<i.!rA-nrl,ri
ZYSC®VICFI "ram FL
.. 303-r...5".J: trfr,�`zy<.cnvuch.cc
e�E
MARIA WYNlWOOD SAP
DEVELOPMENT AGREEMENT
777
(Nest, Parcel TE
IV M ,f ��
During the construction of this phase, the min. percentage of improvements of
the Open Space is to be provided as per Matrix of improvements of open space as per sheet Al -12
of the Concept Book.
Fully improved open space for West Zone is to be located during the completion of this phase.
Partial ROW improvements facing NW 22nd, 24th Street, NW 5th, and 6th Avenue will be provided
At the end of this phase, 100% of the Mana Commons West is to be completed
as a permanent design
Public Streetscape $ 812,250.00
Open Space $ 2,506,448.86
Roadway and Sidewalk Improvements $ 3,617,860.00
Off-site Water& Sewer $ 4,020,360.00
Street Art $ 44,580.00
$ 11,001,498.86
For illustrative purposes only. Final development design shall be in
accordance with the individual site plan approval(s).
1
L.
Open Space
Open Space - Completed
Streetscape
Streetscape - Completed
ro sn 1 1 tao N Biscayne BIwA,. nd: Fi 4f
/YCg ®VICH �9iam�_fL :313:.130a
L C H d 1 ,
A R � }{ i f E C T $ r 3t15 S>i +521 w www Avich.c.wm
At the end of this phase, all open space provided will be fully improved
Partial ROW improvements facing NW 24th Street and NW Sth Avenue will be provided
Public Streetscape
$
60,000.00
MAMA IOVYNWOOD SAP
$
305,787.71
Roadway and Sidewalk Improvements
DEVELOPMENT AGREEMENT
161,200.00
WEST I EAST
$
152,000.00
Street Art
$
5,460.00
$
684,447.71
Parcell n«..........�.-
,
-
-)
-
'
It
A�
At the end of this phase, all open space provided will be fully improved
Partial ROW improvements facing NW 24th Street and NW Sth Avenue will be provided
Public Streetscape
$
60,000.00
Open Space
$
305,787.71
Roadway and Sidewalk Improvements
$
161,200.00
Offsite Water& Sewer
$
152,000.00
Street Art
$
5,460.00
$
684,447.71
For illustrative purposes only. Final development design shall be in
accordance with the individual site plan approval(s).
Open Space
Open Space - Completed
Streetscape
Streetscape - Completed
vv �C`/'' `,I Cn u new s, fAi:ca.�o 111vd
O V .=:ra•, F1
1 d C
6� _e;s.s?�.s�2: ;-dnR.:rscowd;.erm
4 R C Fi I T E C T S
s-' �� „s � F .� ,��,,... r,�•, .k1' i/jury z� r- �/ s?a l,Tf1"`• sr. s"�i �r�-a- a' s.r t ,+- . ri, ft '. '+k
j �5 �i`F�r � � s�,�a r� L '�,� �5.�'` ��`�� ��'�''*�+ �a'�'�yi�,��' L �`,' � ,�t�� •�" y�'r�'�'��r° S" ��a`f r e • : � � � is �. i
y \ J p^^ '�, • 1
?Li.3:'3.5'_2:
A R C H I 7 E C T c f 1c5 11, R521
138KV Lines Indicated n Orange
Subject to receiving the necessary consents and legal approvals, the Developer shall bury the 138kv lines, as indicated in
Poles to be removed orange, from structure number 218A16, located at or near the corner of NW 21st Terrace and NW 5th Avenue, to structure
number 218A3, located at or near the FPL property address 105 NW 24th Street, Miami, FL 33127, and remove the poles from
structure number 218A16 through structures number 218A11W and 218A11N, located at or near the corner of NW 25th
Poles to be removed Street and NW 5th Avenue.
230KV Lines Indicated in Red
Subject to receiving the necessary consents and legal approvals, the Developer shall bury the 230kv lines and remove the
poles, as indicated in red, from structure number 306A1S, located at or near the corner of NW 22nd street and NW 6th
Avenue, to structure number 307A5, located at or near the corner of NW 2nd Avenue and NW 22nd Lane.
EXHIBIT 711
MAMA WYNW®®D SAP
DEVELOPMENT AGREEMENT
NINMerere
' Phased Parking Properties
SP -1
23,25
8,638 SF
43
SP -2
26,27
13,245 SF
66
SP -3
29,30,31,32
22,778 SF
114
SP -4
33,34,35,36,37
18,000 SF
90
SP -5
45,46,47,48,49
45,000 SF
225
SP -6
51
39,5995E
198
SP -7
9,50
17,233 5F
86
SP -8
1
176,717 SF
703
SP -9
4,5,7,8,
58,850 SF
294
SP -10
2,3
177,980 SF
890
SP -11
39,40
18,676 SF
93
SP -12
41,42
11,250 SF
56
SP -13
18,19
80,410 SF
402
SP -14
20,18
9,006 SF
45
SP -15
11
4,875 SF
24
SP -16
9,50
17,233 SF
86
3,417
*Parking count determined by dividing total vacant lot area by 200 SF
to be administered by valet operator
,.�.k.�.�s31' �''-�/s %�" x ''1��r�t�'r"�"'�^r ''f?.'h ,�'-t�'�'� �x'v�. �.'ej ,, k :r• +�r a.
3»>* ��,• �,f1"r .�,, , r: a srr s 3 l � l�f'`�,� r r r , e
ZYSCOVICH
M F1--02].23Da
*Parking to be provided in centralized above ground or underground
structure or within building to be constructed by the completion of
Parcel 3.
ZYSC®VICH
+fir .ii i oa
ARC H Y T z CTS
Exhihit «G"
ADDITIONAL PROPERTY TO DEVELOPMENT
AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
This ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER
FORM ("Joinder Form") is executed this day of 20_ by the
undersigned entity.
RECITALS
WHEREAS, the City has entered into a Development Agreement dated ,
20_, and recorded in the public records of Miami -Dade County, Book Page
(the "Development Agreement") with the Developer as defined therein; and
WHEREAS, the Development Agreement secures certain benefits and obligations for
the mutual benefit of the City and the Developer, as set forth in the Development Agreement;
and
WHEREAS, the Development Agreement allows joinder of additional properties, when
said Developer acquires fee simple title to a Property not included in the Development
Agreement subsequent to the Effective Date of the Development Agreement; and
WHEREAS, the Development Agreement requires that Developer execute this joinder
form in order to incorporate any additional property into the Development Agreement; and
WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer
under the Development Agreement, and in consideration for such benefits agrees to be bound by
the obligations imposed therein upon the Developer; and
WHEREAS, the undersigned owns property or a property interest in the Mana
Wynwood District, more particularly described in Exhibit "_" attached hereto.
NOW THEREFORE, in consideration of the benefits conferred upon any Developer by
the aforementioned Development Agreement, and certifying that the above recitals are true and
correct, and incorporating such recitals herein, the undersigned does hereby execute this Joinder
Form and becomes an incorporated property pursuant to the Development Agreement.
There undersigned shall assume all of the benefits, and be bound, comply with, and
perform all of the obligations, as set forth in the Development Agreement and as applicable to
the property which the undersigned owns upon the adoption of a Zoning Atlas amendment to
Miami 21 designating the Mana Wynwood Special Area Plan. The undersigned shall be
obligated to the City for the benefit of the City, and the City shall have all rights and remedies set
forth in the Development Agreement to enforce the terms of the Development Agreement against
the undersigned, to the extent applicable to the property owned by the undersigned.
The undersigned also hereby represents that it has full power and authority to execute this
Joinder Form, and certifies to City that none of its owners or officers, nor any immediate family
member of any of such owners or officers, is also a member of any board, commission, or
agency of the City.
WITNESS
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
[COMPANY/CORPORATION NAME]
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this _
20 by the
,a
personally known to me or has produced
day of
of
such person being
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission Number:
My Commission Expires:
The City hereby acknowledges and consents to the joinder of the above signatory as an
additional property to the Development Agreement.
IN WITNESS hereof the Parties have caused this Joinder Form to be duly entered into
and signed as of the date written above.
CITY OF MIAMI, a municipal corporation
located within the State of Florida
By:
Emilio T. Gonzalez
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez
City Attorney
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
20_, by Daniel J. Alfonso, in his capacity as City Manager, on behalf of the City of Miami, a
municipal corporation, who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission Number:
My Commission Expires:
MANNA WYNWOOD SAP
DEVELOPMENT AGREEMENT
WEST I EAST
NW 2511, SI
N 1 W241h Si
NW24111ST
NW23,dST
Paral 3
NW2P,IdSt
NW?2n,ISr'
NW2fsf Tf.ft
Proposed Parking*
,598=Sp=aces�
East Zone New Structured Parking F__
West Zone New Structured Parking 3,885 Spaces
* All numbers may be subject to change
TM777!�"=
SUBSTITUTED.
August 23, 2016
City matter no. 415-1615
This Instrument Was Prepared By,
Record and Return To:
Iris Escarra
Carlos R. Lago
Greenberg Traurig, P.A,
333 S.E. 2"d Avenue
Suite 4400
Miami, Florida 33131
DEVELOPMENT AGREEMENT ETWEEN THE CITY
OF MIAMI, FLORIDA AND ANNIGAN HOLDINGS,
LLC, MEGAN HOLDINGS, L , MELANIE HOLDINGS,
LLC, MILANA HOLDING , LLC, MILLIE REALTY,
LLC, MIZRACHI HO INGS, LLC, WYNWOOD
HOLDINGS, LLC, 2294 W 2ND AVENUE REALTY,
LLC, MALUX RE TY, LLC, AND MAPTON
HOLDINGS, LLC, GARDING APPROVAL OF THE
MANA WYNWO SPECIAL AREA PLAN AND
RELATED DEVE OPMENT
This is a Development greement ("Agreement') made this day of ,
2016 by and between Mam ti n Holdings, LLC, a Delaware limited liability company, Megan
Holdings, LLC, a Delawar limited liability company, Melanie Holdings, LLC, a Delaware
limited liability company ilana Holdings, LLC, a Delaware limited liability company, Millie
Realty, LLC, a Delaw e limited liability company, Mizrachi Holdings, LLC, a Delaware
limited liability comp y, Wynwood Holdings, LLC, a Florida limited liability company, 2294
NW 2ND Avenue ealty, LLC, a Delaware limited liability company, Malux Realty, LLC, a
Delaware limite iability company, Mapton Holdings, LLC, a Delaware limited liability
company (coll tively, the "Developer"), and the City of Miami, Florida, a municipal
corporation ai a political subdivision of the State of Florida (the "City") (the Developer and
the City are ogether referred to as the "Parties").
HEREAS, the Developer is the fee simple owner of approximately 23.483 acres
of lan ocated in the Wynwood neighborhood of the City of Miami; and
/ WHEREAS, the properties are generally bounded by NW 22nd Street on the south,
ecific parcels fronting NW 24th Street on the riortli, NW 2nd Avenue on the east, and NW 6th
SUBSTITUTED.
Avenue on the west, within the jurisdictional boundaries of the City (collectively
"Property"); a map and legal descriptions of which are attached as Exhibit "A"; and
WHEREAS, the Property is currently underutilized and consists mostly of vac nt and
underdeveloped lots; and
WHEREAS, the Property is located in an Empowerment Zone for w ch the City
envisions redevelopment through strong partnerships to encourage economic re talization and
sustainable community development; and
WHEREAS, during recent years Wynwood has undergone an ban transformation
that has revitalized the neighborhood into a world-renowned hub for t e visual, performance
and culinary arts, as well as the technology and fashion industries; an
WHEREAS, the revitalization of Wynwood is consiste with the City's vision to
foster a vibrant artistic and entrepreneurial community that wi attract residents, visitors and
businesses alike; and
WHEREAS, the Developer wishes to contribute t the revitalization of Wynwood and
surrounding areas by redeveloping the Property inE
/_1
surrounding project with an
eclectic mix of uses that integrates future mass transions and snakes Wynwood a premier
center for art, entertainment, culture, technology an creative enterprises; and
WHEREAS, the current status of the
Wynwood and wishes to encourage developr
WHEREAS, Wynwood is i
Space Master Plan; and
WHEREAS, the Dei
approximately 3,86 acres of (
centralized programmed public
WHEREAS, the Pro/(
Future Land Use Map, cc
("Comprehensive Plan"Y, and
ierty is inconsistent with the City's vision for
of the Property; and
as an area of need by the City's Parks and Open
Y/ wishes to contribute to Wynwood by providing
Space at the Property including the development of a
Space; and
is currently designated General Commercial on the City's
nR to the Miami Comprehensive Neighborhood Plan
WHEREAS, e Property is currently zoned D1 Work Place ("D1") and T5-0 Urban
Center Zone ("T5- ) with a Neighborhood Revitalization District NRD-1 Overlay, according
to the Miami 21 ning Code ("Miami 21"); and
WHE AS, the City and the Developer seek to rezone the Property from D1 and T5-0
to Mana W wood Special Area Plan with a Neighborhood Revitalization District NRD-1
Overlay, 1 ving Ta -O, T6 -8a -O, T6 -8b-0 and T6-12�-C1, as described in the Mana Wynwood
Concep ook (the "Concept Book") attached hereto and incorporated herein as Exhibit "B",
in ord r to facilitate redevelopment within the area and to effectuate the Parties' goals and
visi for Wynwood; and
2
SUBSTITUTED.
WHEREAS, Miami 21 outlines a process that allows parcels of more than nine
(9) abutting acres to be master planned to allow greater integration of public improvements and
infrastructure, and greater flexibility so as to result in higher or specialized quality building an
streetseape design, this master planning process is known as a "Special Area Plan" ("SAP" ,
pursuant to Section 3.9 of Miami 21; and
WHEREAS, on July 17, 2015, the Developer filed an application with the ity for
approval of a SAP in order to develop the Property as a mixed-use development co fisting of
various uses, including but not limited to residential, lodging, commercial (i luding art
galleries, retail, entertainment, and restaurant), educational, exhibition, convent' -civic, and
office uses (including showroom space, media and technology production), ong with other
related amenities, as may be amended (the "Project"); and
WHEREAS, the City and the Developer desire for development the Mana Wynwood
SAP to proceed in a manner that is consistent with the Comprehensive an, Miami 21, and the
City Charter; and
WHEREAS, as a condition to the approval of the Manaynwood SAP, the Developer
and City must enter into a Development Agreement pursuant t Section 3.9.1(f) of Miami 21;
and
WHEREAS, Chapter 163, Sections 163.3220-16 .3243, Florida Statutes (2015), "The
Florida Local Government Development Agreement ct", as amended from time to time,
authorizes and provides for local governments to ent into development agreements with any
person or entity having a legal or equitable in rest in real property located within its
jurisdiction; and
WHEREAS, assurance to a develope that it may proceed in accordance with existing
laws and policies, subject to the conditionsa development agreement, strengthens the public
planning process, encourages sound cap)(9 l improvement planning and financing, assists in
assuring there are adequate capita] aeilities for the development, encourages private
participation in comprehensive plane' g, and reduces the economic costs of development; and
WHEREAS, the City C mmission pursuant to Ordinance No. 16-
adopted
upon the terms and condi
execute this Agreement u
as authorized the City Manager to execute this Agreement
set forth below, and the Developer has been duly authorized to
the terms and conditions set forth below.
NOW THERE RE, in consideration of the mutual covenants and agreements
hereinafter contained, e Parties mutually agree and bind themselves as set forth herein:
1. to€1llS'dera GO. The Parties hereby agree that the consideration and obligations recited
and pr V.
ed for under this Agreement constitute substantial benefits to both Parties and
thus ad quate consideration for this Agreement.
2. Ru y €�1' Le al Construction. For all purposes of the Agreement, unless otherwise
eyfressly provided:
3
SUBSTITUTED.
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the
singular;
(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms s all
refer to the instant Agreement in its entirety and not to individual secti s or
articles;
(e) The Parties hereto agree that this Agreement shall not be more strictl construed
against either the City or the Developer, as all parties are dr ers of this
Agreement; and
(f) The recitals are true and correct and are incorporated into an nade a part of this
Agreement. The attached exhibits shall be deemed ado ed and incorporated
into the Agreement; provided however, that this Agree nt shall be deemed to
control in the event of a conflict between the attachme is and this Agreement.
Definitions. Capitalized terms which are not specifically efined herein shall have the
meaning given in Miami 21.
"Agreement" means this Development Agreement b tween the City and the Developer.
"Affordable Housing" means housing availabl to individuals and/or families which
meet the qualifications as established by the Ci of Miami's Department of Community
and Economic Development.
"CBE-A/E" has the meaning ascribed n Section 11(d)(ii) of this Agreement and
Section 10-33.02 of the Miami -Dade C unty Code of Ordinances, as amended.
"City" means the City ofMiami, a unicipal corporation and a political subdivision of
the State of Florida, and all dep ments, agencies and instrumentalities subject to the
jurisdiction thereof.
"City Charter" means theunicipal Charter of the City of Miami.
"City Code" or "Code'/neans the City of Miami Code of Ordinances.
"City Manager" mans the City Manager or his or her designee.
"Comprehensi� flan" means the comprehensive plan known as the Miami
Comprehensiv Neighborhood flan, adopted by the City pursuant to Chapter 163,
Florida. Stat es (2015), meeting the requirements of Section 163.3177, Florida Statutes
(2015), Se tion 163.3178, Florida Statutes (2015) and Section 163.3221(2), Florida
Statutes 015), which are in effect as of the Effective Date.
4
SUBSTITUTED.
"Contractors" means the general contractor and all subcontractors engaged
complete the Project.
"County" means Miami -Dade County, a political subdivision of the State of
"Development" means the carrying out of any building activity, the
material change in the use or appearance of any structure or land, or the d1l. ma 'ng of any
ding of land
into three (3) or more parcels and such other activities described in Seco n 163.3221(4)
Florida Statutes (2015).
"Development Permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or y other official action
of local government having the effect of permitting the devel ment of land.
"Encroachment" includes any area over which the Developer shall have an
encroachment or any area which are public right -of -w s or the Public Open Spaces
including, without limitation, air rights over or and a designated right-of-way and
Public Open Spaces. The Developer shall in such i tance separate and apart from this
Agreement be required to comply with the Miami ade County Public Works Manual
and obtain such approvals , permits and enter in such other agreements as required by
the City Code and other applicable laws and r ulations.
"Effective Date" means the date of record ,on of the executed, original version of this
Agreement.
"Existing Zoning" is (a) Miami 21 ode, May 2015, specifically including the Mana
Wynwood SAP Regulatin- Plat (the "Regulating Pian"), attached hereto and
incorporated herein as Exhibit " "', and Concept Book, and related modifications to
the Transect designations of p perties within the SAI' Area; and (b) the provisions of.
the City Charter and Code which regulate development, as amended through the
Effective Date.
"Fire Rescue Impact ee" shall mean the applicable fire impact fee imposed by and
calculated by the Cit of Miami for the Project under Section 13-10 of the City of Miami
Code of Ordinance .
"Fire Station provements" means the construction of the Mana Wynwood Fire
Station consi ing of approximately 11,000 square feet of gross building area for a
Fire-Rescu Facility to be developed by Developer for the exclusive use of the City of
Miami Fi Department.
"Imp et Fees" means a fee imposed by any local government or agency based upon the
new development's proportionate share of the average cost of new development
i uding impact fees imposed by Miami -Dade County, the City of Miami and the
iami-Dade County Public School System, as applicable.
"Impact Fee Credit" means the credit applied by the City to satisfy the applicable
pro -rated portions of the following: (1) Fire Rescue Impact Fees for the Project, as set
5
SUBSTITUTED.
forth in Section 13-10 of the City Code; (2) Impact Fees generated by the developme t
of the Fire Station Improvements on the Property, as set forth in Sections 13-9 ru
13-12 of the City Code; and (3) Park Impact Fees for the Project, as set forth in S ction
13-12 of the City Code.
"Improvement" means any building or other improvement with a t al cost of
construction exceeding ten million dollars ($10,000,000) developed o the Property
subsequent to the Effective Date.
"Land" means the earth, water, and air, above, below, or on the s rface and includes
any improvements or structures customarily regarded as land.
"Land Development Regulations" shall be as defined in ction 62-11 of the City
Code of Ordinances and includes, without limitation, the ty's Comprehensive Plan,
Subdivision regulations, referenced City Code Sections, a d Miami 21.
"Miami 21" means City Ordinance 13114 as amende , through the Effective Date.
"Laws" means all ordinances, resolutions, reg L ations, comprehensive plans, land
development regulations, and rules adopted a local government affecting the
development of land.
"Park Impact Fee" means the applicable arks and recreation impact fee imposed by
and calculated by the City of Miami for le Project under Section 13-12 of the City of
Miami Code of Ordinances.
"Planning Director" means the Di etor of the City's Planning and Zoning Department
or his or her designee.
"Property Interest" means y interest or rights in real property or appurtenances of
the Property, including b not limited to, fee simple, leasehold, master covenants,
condominium, transfera e development rights, air rights, easements, and licenses,
however acquired, incl ding any interests or rights in real property acquired through
ground lease(s) in an rm's length conveyance, foreclosure, deed in lieu of foreclosure,
or any other realize on on a srcurity interest in real property.
"Public Facilit' s" means major capital improvements, including, but not limited to,
transportation sanitary sewer, solid waste, drainage, potable water, educational, parks
and recreati nal, streets, parking and health systems and facilities.
/paces
pen Spaces" collectively means those certain areas assigned by Developer
SAP Area for Open Space, centralized public Open Space and Civic Space
oses and consisting of a minimum of approximately one hundred sixty eight
wo hundred eighty seven (168,287) square feet of area. The Public Open
all generally be unimproved by permanent buildings, open to the sky and
reserved for public use, as further provided and modified by this Agreement, the
Concept Book and the Regulating Plan.
0
SUBSTITUTED.
"Redevelopment Area" means the area located within the boundaries of the Southeast
Overtown / Park West Community Redevelopment Agency (the "CRA" or "SEOPW
CRA").
"SAP Area" means the properties which comprise the Mana WynwoodSAP as
depicted on the boundary map and legal descriptions attached as Exhibit "V'
"SBE -Construction Services" has the meaning ascribed to such term in Sec on 11(d)
(ii) of this Agreement and Section 10-33.02 of the County Code of Or, nances, as
amended.
"Special Area Plan" or "SAP" refers to the Mana WynwoodS cial Area Plan,
including the Regulating Plan and Concept Book.
"Tenant Improvements" means the build -out of improvts by tenants of the
Project.
"Unskilled Laborer" means an employee performing c struction work which does
not require any special training or skills and which are pecifically not defined in the
County's 2016 Supplemental General Conditions Wage & Benefits Schedule,
Construction Type: Building.
"Workforce Housing" means housing availab to individuals and/or families which
meet the qualifications as established by theCi of Miami's Department of Community
and Economic Development.
"Zone, East" or "East Zone" means th se lots and/or properties encompassed within
the SAP Area and generally located e of NW 5th Avenue, as depicted and described
in the Concept Book.
"Zone, West" or "West Zone" i cans those lots and/or properties encompassed within
the SAP Area and generally to ted west of NW 5th Avenue, as depicted and described
in the Concept Book.
4. Pu, rt ase. The purpose o this Agreement is for the City to authorize the Developer to
redevelop the Property ursuant to the Mana Wynwood SAP, This Agreement will
establish, as ofthe E " ctive Dale, the land development regulations that will govern the
development of the roperty, thereby providing the Developer with additional certainty
during the dove pment process. This Agreement satisfies the requirements of
Section 3.9.1( Miami 21.
InteDeveloper and the City intend for this Agreement to be construed and
impso as to effectuate the purpose of the Regulating Plan and Concept Book,
this,/ent Agreement, the Comprehensive Plan, Miami 21, the City Charter, the
Citd the Florida Local Government Development Agreement Act, Sections
163.3243, Florida Statutes (2015).
SUBSTITUTED.
Leal Deserintion of Land, Nantes of Legal Owners, Annlicability. This Agreement
only applies to the S" Area, as identified and legally described in Exhibit "A". The
Property's legal and equitable owners are listed along with the legal descriptions in
Exhibit "A."
Term of A /reement Effective Date and Binding Effeet. This Agreement shall have
a terns of thirty (30) years from the Effective Date and shall be recorded in the pub 'c
records of Miami -Dade County and filed with the City Clerk. The term of is
Agreement may be extended by mutual consent of the Parties subject to ublic
hearing(s), pursuant to Section 153.3225, Florida Statutes (2015). This Agree nt shall
become effective on the Effective Date and shall constitute a covenant runni with the
land that shall be binding upon, and inure to, the benefit of the Parties, thei successors,
assigns, heirs, legal representatives, and personal representatives.
8. Zoning Permitted I)eVelo ntcnt Uses Building I)en%ities anti Int cities.
(a) Mana W nwood SAP 'Desi ation. The City has desig ated the Property as
"Mana Wynwood SAP" on the official Zoning Atlas of ie City, pursuant to the
applicable procedures in Miami 21. The l egulati11Plan and Concept Book
provide for any deviations from the underlying re ulations of Miami 21. In
approving the Mana Wynwood SAP, the City s determined that the uses,
intensities and densities of development per ' ted thereunder are consistent
with the Comprehensive Plan and the Existin oning.
(b) Density, lntentiiJy, Uses and Building i leets.
i. As of the Effective/SAP
rsuant to the Mana Wynwood SAP, the
density and intensitor the SAP are permitted by the Existing
Zoning and are conthe Comprehensive Plan.
ii. As of the Effectiversuant to the Mana Wynwood SAP, the
Uses proposed for permitted by the Existing Zoning and are
consistent with thesive Plan.
iii. As of the Effec ve Date and pursuant to the Mana Wynwood SAP, the
Heights prop ed for the SAP are permitted by the Existing Zoning and
are consist t with Miami 21 and the densities are consistent with the
/zon'rsuant
dopted Comprehensive Plan.
iv. rein shall prohibit the Developer from requesting a change of
to Article 7 of Miami 21, to increase the density or
of development permitted by the Existing Zoning, by
t of the Mana Wynwood SAP and this Agreement.
9. Prolii itio on l)oivnz-o i
(a) e Comprehensive Plan, this Agreement, and the Mana Wynwood SAP shall
govern development of the SAP Area for the duration of the Agreement. The
8
SUBSTITUTED.
City's Laws and policies adopted after the Effective Date may be applied to t
SAP Area only if the detenninations required by Section 163.3233(2), Flo da
Statutes (2015) have been made after thirty (30) days written notice the
Developer and after a public hearing or as otherwise provided herein.
(b) Pursuant to Section 163.3245(3), Florida Statutes (2015), this pr ibition on
downzoning supplements, rather than supplants, any rights that i y vest to the
Developer under Florida or Federal law. As a result, the Deve.lo er reserves the
right to challenge, and the City reserves the right to enact, ny subsequently
adopted changes to land development regulations which are' conflict with this
Agreement on (a) common law principles including, but n limited to, equitable
estoppel and vested rights, or (b) statutory rights which ay accrue by virtue of
Chapter 70, Florida Statutes (2015).
10. Future Iicvclotsment Review. Future development withi the SAP Area shall proceed
pursuant to the Regulating Plan and Concept Book atta is d herel.o. The criteria to be
used in determining whether future development sh be approved are: consistency
with the Comprehensive Plan, Miami 21, this Agr meat, and substantial compliance
with the Mana Wynwood SAP, as applicable.
11. Anti-Poverh Initiatives,
(a) l niployment Coordination] with tcncies. Generally, the Developer shall
consult with local and/or state conomic development entities regarding job
training and job placement s rvices to City residents seeking employment
opportunities with potential ployers which will locate or establish businesses
within the SAP Area.
(b) /11'fi�rdrible ! Worklor llousill The Developer shall develop Affordable /
Workforce Housing Work/or
with all applicable laws and as follows:
i. Develope shall dedicate a minimum of five percent (5%) of the total
number f residential density units constructed within the SAP Area to
Work rce Housing (the "Workforce Housing Requirement").
ii. D eloper shall dedicate a minimum of five percent (5%) of the total
rnber of residential density units constructed within the SAP Area to
Affordable fordable / Workforce Housing with artist preference as generally
permitted under § 42 of the Internal Revenue Code, 26 U.S.0 § 42 (the
"Artist Housing Requirement"). The Developer shall establish a set of
guidelines in determining and applying the artist preference and
selection process.
iii. The Developer may satisfy the Workforce Housing Requirement and
Artist Housing Requirement provided herein by development of such
Affordable / Workforce Housing within the SAP Area and/or within a
one thousand (1,000) foot radius of the SAP Area.
M
(c)
tions to the S
SUBSTITUTED.
Park
Redevelo ment Agency [SI OPW CRM. Developer shall provide p is
benefits in the form of cash contributions, as required in Section 3.16 the
Regulating Plan, to a fund established by the SEOPW CRA to be alloc ted for
the purposes of economic development initiatives including but not mited to
affordable and workforce housing development.
(d) Job Creation .Durin , Construction. With regard to sourcin candidates for
employment opportunities resulting from construction of eac mprovement on
the Property comprising all or any portion of the Project (e luding the Tenant
Improvements):
i. Job Sourcing, The Developer shall require i Contractors to use best
efforts to work with workforce development genies and organizations
to source job opportunities for both sk' ed and unskilled laborers
seeking employment opportunities withi the construction industry.
ii. Small Business Enterprise Progra for Architecture, Engineering,
Landscape Architecture, Sury ing and Mapping Professions
("CBE-A/E") and Small B siness Enterprise Program for
Construction Services ("SBE onstruction Services"). With respect
to each Improvement (exclu ' g Tenant Improvements) Developer shall
use diligent, good faith of its to achieve, as applicable, the following
goals:
a) Award to fir certified by the County as CBE-A/E not less than
I
half percent (7.5%) of the professional services
,calculated based upon the total dollar amounts paid
rtified by the Gaunty as CBE -Ali; and the #otal dollar
id under professional service agreements for sofl costs,
bul not limited to, design, engineering, survey,
, job monitoring requirements, testing and legal (the
Pae ticipatian Requirement"), and
b) Require Contractors to award to firms certified by the County as
SBE -Construction Services firms not less than fifteen percent
(15%) of the contractual agreements, calculated based upon the
total dollar amounts paid to firms certified by the County as
SBE -Construction Services firms and the total dollar amount
paid for construction -related materials, supplies and fixtures (the
"SBE -Construction Services Requirement"). The
SBE -Construction Services Requirement shall also include
contractual agreements for construction -related goods including
construction materials, supplies and fixtures. Firms certified by
the County as SBE -Goods and Services firms (such as, but not
limited to firms providing security, testing, surveying,
10
SUBSTITUTED.
landscaping, trenching, etc.) may also qualify for satisfying the
SBE -Construction Services Requirement.
The City Manager, in his/her sole discretion, may qualrequ
fir s
presented to him/her by the Developer that possess the ' ite
licensing, professional qualifications, and experience to p form
services and/or sell goods in the CBE or SBE categories ut fail
to meet one or more of the licensing requirements ne essary to
receive either a CBE or SBE designation from the C/ nty.
iii. Local Workforce Participation. With respectto eac Improvement
(excluding Tenant Improvements) the Developer all require its
Contractors to utilize good faith, best efforts to loy a minimum of
fifty percent (50%) on-site labor from pers s residing within
Miami -Dade County (the "Labor Participatioi equirement").
With respect to each Improvement (exclud' g Tenant Improvements),
Developer shall require its Contractors to ilize good faith, best efforts
to maximize the labor performed by intor
duals based upon their place
of residence; provided, however, the Participation Requirement
shall not be deemed or construe to require Contractors to hire
employees who do not comply w' OSHA requirements, drug testing
requirements and insurance co any requirements; however, laborers
with minor or insignificant no violent felony criminal records shall not
be denied employment solei ased upon their criminal record.
iv. Responsible Wage
a) Withrespec to each Improvement (excluding Tenant
Improveme s and any work completed by Florida Power &
/Electrical
n its Contractors) the Developer shall require its
Contra ors performing work in connection with such
ment to pay minimum hourly wage rate, health benefits
sion benefits consistent with the County's Responsible
rdinance, as codified in Section 2-11.16 of the County
d the Supplemental General Conditions Wage & Benefits
le, Construction Type; Building (the "Responsible
), as the same may be revised by the County annually, to
al Journeyman, Plumber Journeyman and Unskilled
s, as further provided below.
i) Electrical Journeyman. For 2015, the Responsible Wage
for Electrical Journeyman is $30.11 per hour for wage
rate, $5.85 per hour for health benefit and $3.91 per hour
for pension benefit. Contractors perforn3ing work in
coiuiection with any Improvements may employ the
services of Electrical Apprentices subject to the staffing,
11
SUBSTITUTED.
pay, and other requirements set forth in Section 2-11.16
of the County Code.
ii) Plumber Journeyman. For 2015, the Responsible Wage
for Plumber Journeyman is $22.25 per hour for wage rate,
$5.05 per hour for health benefit and $3.74 per hour for
pension benefit. Contractors performing work •
connection with any Improvements may employ he
services of Plumber Apprentices subject to the stfing,
pay, and other requirements set forth in Section -11.16
of the County Code.
iii) Unskilled Laborer. For 2016, the Respons' le Wage for
Unskilled Laborer is $15.00 per hour for age rate, $3.00
per hour for health benefit and $1.92 pe our for pension
benefit. The Responsible Wage ap fed for Unskilled
Laborers shall be that which is re ired for Laborers in
the County's Supplemental Gene al Conditions Wage &
Benefits Schedule, Constructio Type: Building.
b) Each Contractor shall require the s me Responsible Wage to be
paid in all contracts and in subcontracts for electrical,
plumbing and unskilled labo services entered into by such
Contractor, which will req ' e subcontractor each Contractor
hires to stipulate and agre that they will pay the Responsible
Wage.
(e) Community Su cert 1nb�ing t d Career Development Partnerships. The
Developer anticipates that the Pr sect will generate a significant number of
employment opportunities int following sectors; media and technology,
hospitality, retail, trad/exhibion, education and the arts. The Developer shall
use best efforts to wocal schools and local and/or state economic
development entities ualified program graduates and participants in
employment opportunin the SAP Area following completion of the
Project as provided he
A
shion a Arts Program. The Developer shall create, operate, fund
d Prov' e annual financial support to a fashion and arts program
prov by the SEOPW CRA (the "Program"). The Program shall be
o orated as a non-profit corporation under s. 501(c)(3) of the
nal Revenue Code or operated by a subcontractor incorporated
der a 501(c)(3) for the purposes of, (i)training residents of the
development Area, Overtown and other targeted areas of the
mmunity for employment opportunities within the fashion and arts
ctors; (ii) coordinate the delivery of training for future Developer
ployees, among others; and (iii) coordinating linkages between the
ogram and Developer for purposes of employing Program graduates.
12
SUBSTITUTED.
The Program shall provide training to prepare students: (i) for careers
the fashion and arts sectors including but not limited to fas on
designers, artists, curators, conservators, archivists, museum and llery
support and management, graphic artists, researchers, etc., and/or,
(ii) for employment opportunities including butnot limit d to the
following areas: fine arts, photography, performing arts, gr is design,
digital / multimedia, fashion / textiles, spatial design, 3D p oduct design,
organization / people management, etc.. Developer' obligation to
create, operate and fund the Program shall commence pon the Effective
Date of this Agreement. Developer further agree that it shall afford
graduates of the Program preference over non -Pr gram graduates with
respect to opportunities for interviews and hirin for future employment
opportunities for positions which the Progra provides training when
related employment opportunities become a ailable at the Project. With
regard to the aforementioned hiring pre f ence for Program graduates,
such preference shall not apply where a equally qualified, non -Program
graduate, that is a resident of the SE PW CRA Redevelopment Area,
Overtown, and/or City, is com ting for the same employment
opportunity as a Program graduat .
12. Enviironniental. The City finds that th 1'r ject will confer a significant net
improvement upon the publicly accessible Kee"canopy in the area. he City and the
Developer agree that the Developer wiKinii omply with the intent and requirements of
Chapter 17 of the City Code, by perfor tree replacement as follows.
(a) Ol"1-site re nlacement trees. Votwithstanding the requirements of Section 17-6(e)
of the City Code, where t e replacement within the SAP Area is not possible,
the Developer may perf m tree replacement on public property in the following
order of priority: (i) ithin the SAP Area's Public Open Spaces; (ii) within a
one (1) mile radius f the SAP Area; or (iii) within any City park subject to
approval by the ity. Particular emphasis shall be paid to tree replacement
along NRD-1 c rridors and thoroughfares as identified by the NRD-1 Street
Masterplan. e Developer further agrees to work with the Wynwood Business
/an
eme District (BID) to identify locations for, and coordinate the
n of said replacement trees. The City further agrees to facilitate the
g and planting of replacement trees on all publicly owned property
he SAP Area, within a one (1) mile radius of the SAP Area and within
ks. The Developer agrees to water, trim, root, prune, brace, or undertake
er necessary maintenance of the trees it plants, as may be required by the
Public Works Department, for the tern of this Agreernent, The
per further agrees to warrant each off-site replacement tree for one
r after the date of installation. The Developer shall be responsible for the
te maintenance and care of such trees for the term of this Agreement.
(b) SAP Area tree installation. maintenance and guarantee. For all trees placed
within the SAP Area, the Developer shall install any needed irrigation and
corresponding water meters to support the gzowth of trees located within the
13
SUBSTITUTED.
right-of-way. The Developer shall agree to water, trim, root, prune, brace, r
undertake any other necessary maintenance as may be required for trees loc ed
within the SAP Area for the term of this Agreement. The Developer rther
agrees to warrant each SAP Area tree for one (1) year after completio of the
installation.
(c) free replacement chart.. The tree replacement chart below, sh be used to
determine whether the Developer has satisfied the tr be
requirements for any particular parcel of land as set forth in ection 17-6(a) of
the City Code. The chart below shall replace and supersede art 17.6.1.1 in the
City Code,
Tree Replacement Ch
Total diameter of tree(s) to be
removed (sum of inches at DBH
2"-3"
4"- 6"
755-1255
13"-18"
19"- 24"
25"- 30"
31"- 36"
3755- 42"
43"- 48"
49"- 60"
Total in9lies of replacement DBH
requir (12' minimum tree heighh
295
4",
12"
16"
20"
24"
28"
32"
40"
To determine wheth the replacement requirements have been satisfied,
calculate the total s in inches of the diameter of the trees removed. The size
of the replaceme trees diameter at breast height (DBH) must equal the total
inches of replac ent DBH set forth in the above chart. Diameter measurement
shall be round d up to the nearest inch. If the sum of the diameter of trees to be
removed ex eeds a total of 60 inches, the additional inches shall be added
cumulativ y from the top of the chart, down to the bottom of the chart, to
calculat the number of DBH for replacement trees.
(d) free nstallation. The Developer shall install trees opportunistically within the
pu is right -of --way, subject to approval by the City.
13. Street losure and Vacation. A critical element to the success of the SAP Area's
Pub ' Open Space is increasing the pedestrian connectivity along, the East Zone and
W st Zone. In accordance with Chapter 55 of the City Code, the Developer intends to
ek the approval of the vacation and closure of various right -of --ways located in the
SAP Area including those certain portions of right-of-way consisting of NW 22nd Lane
in the East Zone and NW 23rd Street in the West Zone.
14
14. Public Benefit Contributions.
(a)
SUBSTITUTED.
Public Qpqn Spaces. As consideration for certain modifications to standards
forth in the City's land development regulations, the Developer hereby agrees
provide public open spaces in the SAP Area in the East and West Zones of
SAP Area of Open Space, centralized Open Space and Civic Space Zones/
(collectively, the "Public Open Spaces"). Developer agrees to pr ide
minimum of approximately one hundred sixty eight thousand tw hund;
East and
nent, the
eighty seven (168,287) square feet of area of Public Open Spaces in
West Zones of the SAP Area in substantial accordance with this
Regulating Plan and Concept Book.
The Public Open Spaces shall contain the following:
a) Cell tri, liied O )en S ace l MamaComn ns. Developer shall
design and program a centralized publi Open Space consisting
of a minimum of approximately a hundred ten thousand
(110,000) square feet of area in th ast and West Zones of the
SAP Area (the "Centralized O;a n Space") (also referred to as
the "Maus Commons"), subs nti'Illy in accordance with this
Agreement, the Regulating P n and Concept Book.
b) Oen Spac
e.p r shall assign a minimum of
approximatt thousand two hundred eighty seven
(58,287) sqrea as Open Space in the East and West
Zones of th, (the "Open Space") substantially in
accordanceAgreement, the Regulating Plan and
Concept Bo
C) Civic Sache Developer assigns a minimum of
approxim ely fifty one thousand one hundred forty six
(51,146 square feet of area in the East and West Zones of the
SAP rea (which may be located within the Centralized Open
Spa ) to Civic Space Types (the "Civic Space"), substantially
in accordance with this Agreement, the Regulating Plan and
oncept Book. The Developer may be allowed to temporarily
restrict access to a portion of the Civic Space for temporary and
special events. However, at till times a minimum of five percent
(5, 0} of ilia total area of the SAP Area, including the Public Open
Spaces shell be open and accessible to the public.
ii. The general location and dimensions of the 11614c Open Spaces shall be
substantially in accordance with this Agreement; the Regulating Plan
and Concept Book, or, as otherwise mutually agreed by the Developer
and the City.
15
SUBSTITUTED.
iii. The Developer shall not be required to dedicate or reserve any land
within the Property.
iv. The Developer will retain ownership of the Public Open Spaces but shall
allow public access to the Public Open Spaces as provided in this
Agreement.
V. From time to time, the Developer may sponsor or similarly partner ith
organizations to hold temporary and special events in the SAP Area,
including in and around the Public Open Spaces pursuant to SAP/
e terms
and requirements of this Agreement, the Regulating Pla and the
applicable provisions of the Code and applicable pe fitting and
regulatory requirements.
vi. The Developer shall maintain and operate the Pu uc Open Spaces,
including pursuant to any applicable maintenance s dards as mutually
agreed by the City and Developer.
vii. The Developer shall provide the Public O n Spaces in phases or
portions of phases in substantial accordanc with the Mana Wynwood
SAP phasing schedule provided in the Co ept Book.
viii. Construction of Encroachments witVin the Public Open Spaces. The
Developer may be permitted to omplete Encroachments and to
construct below -grade iinprovem is below the Public Open Spaces,
including but not limited to pub ' parking facilities pursuant to Section
55-14(b) of the City Code and ' accordance with applicable laws.
ix. Public Open Space Impr ements. The Developer shall make certain
public improvements to e Centralized Open Space and Civic Space,
including but not limit d to: paving, hardscaping, landscaping, utilities
and infrastructure ' provements, public art, lighting and seating
("Public Open Sp ce Improvements"). The final design of the Public
Open Space Imp vements shall be reviewed by the Wynwood Design
Review Com ' tee (WDRC) and approved by the Planning Director
prior to issua ce of a building permit for such improvements.
a) T n srran, Open Space Im lrovcmcnis. Temporary
' nprovements to the Centralized Open Space will be provided in
Phases 2 and 3 in the East Zone of the SAP Area. Such
temporary improvements are described in the SAP Public
Improvements Phasing Schedule, attached hereto as
Exhibit 11,17", and include but are not limited to: painted finish
surfaces with artistic patterns, planting features and pop-up
artistic type seating areas as also depicted in the Concept Book.
The design of these Temporary Open Space Improvements shall
be reviewed and approved by the Planning Director.
16
SUBSTITUTED.
b) Phasin , of Public O pcn Space Im rovemcnts. The Develop r
shall complete improvements and enhancements to the
Centralized Open Space and Civic Space in subs ntial
accordance with the SAP Public Improvements hasing
Schedule attached hereto as Exhibit "D". The Pu is Open
Space Improvements shall be completed in phases o portions of
phases in substantial accordance with the AP Public
Improvements Phasing Schedule. The proportio ate share of the
construction of the Public Open Space Impr ements shall be
calculated prior to the issuance of each ve 'cal building permit
for each phase or portion of phase of the P oject. The design of
all Public Open Space Improvement , including temporary
improvements, shall be reviewed by th WDRC and approved by
the Planning Director prior to the c-imencement of Parcel 2 in
the East Zone.
C) Final Public Open en S ace Im wr IeHnen
i) East Zone. One h died percent (100%) of the Public
Open Space Im ovements in the East Zone shall be
completed and finalized at the earlier of either the
completion o eel 3 in the East Zone or ten (10) years
from the Ef ctive Date.
ii) West Z e. One hundred percent (100%) of the Public
Open pace Improvements in the West Zone shall be
co leted and finalized at the earlier of either the
c pletion of Parcel 2 in the West Zone or ten (10) years
om the Effective Date.
(b) litrect R glzt-oi=W nntl_[.,itidscupe Improvements. The Developer shall
landscape and c nstruct improvements to certain right-of-ways immediately
fronting prope ies within the SAP Area (NW 5th Ave, NW 6th Ave, NW 2nd
Ave, NW 24 Street, NW 22nd Street, NW 23rd Street) and certain portions of
the right -o way fronting non -SAP properties (NW 24th Street), in phases or
portion o phases in substantial accordance with the SAP Streetscape Plan of the
Conce Book and the SAP Public Improvements Phasing Schedule attached
heret as Exhibit "D�". Such improvements shall include but not be limited to;
sid alks designed to accommodate increased pedestrian activity; bicycle
r tes; landscaping, paving and hardscape improvements; right of way
mprovements; art; utilities, telecommunications, and infrastructure
improvements; thoroughfares; and Streetscape. In order to further foster a
uniform aesthetic between the SAP Area and surrounding areas, the Developer
agrees to coordinate landscaping and right-of-way design and improvements
with the Department of Public Works, Wynwood BID and NRD-1 Streetscape
Design, including Shared Streets as identified in the Concept Book. The
proposed right-of-way improvements described herein shall be reviewed and be
17
SUBSTITUTED.
subject to approval by the City's Planning Department and Zoning Departme ,
and Public Works Department.
(c) Parks IMpact Fee Credit A regiment. The Parties agree that in consider tion of
the Developer's contribution of the Public Open Spaces and construe co/nsidertion
the
Public Open Space Improvements, the City may grant the Dewe per credit
against the impact fees due for the Mana Wynwood SAP as provi ed below:
i. Parks Impact Fee Credit. The City finds that he Developer's
contribution of the Public Open Spaces and rel ed improvements
provide more land, Open Space, enhancements, la scape and hardscape
features than necessary to accommodate the emand for park and
recreation facilities generated by the residenti component of the Mana
Wynwood SAP. Accordingly, the City shal eview Developer's impact
fee petition and may grant the Develop credit in the ascertainable
amount of the Developer's contributio against the Parks Impact Fees
otherwise due for the overall develop nt of the SAP Area, as provided
in Section 13-12 of the City Code.
(d) Nlan lm rov ents. As consideration for certain
modifications it) standards set forth in ie City's land development regulatians,
the Developer hereby agrees to cons uct a new fire station, within the SAP Area
or off-site within two thousand (2 00) feet of the SAP Area, for the exclusive
use and benefit of the City and ' s residents and to lease the fire station to the
City, subject to substantial ace rdance with the terms and conditions set forth in
this Agreement (the "Man Wynwood Fire Station Improvements"). The
Marra Wynwood Fire St ion Improvements shall be completed prior to the
construction of four mi ion five hundred thousand (4,500,000) square feet of
new Floor Area or F within the SAP Area. The City Manager is hereby
authorized to adm' istratively negotiate and execute agreements with the
Developer for th location, design, construction, and long term lease of the
Mana Wynwoo Fire Station pursuant to the terms provided herein and in
substantial ac rdance with the following:
Fir Station Improvement Development Parameters. The
veloper's construction of the Mana Wynwood Fire Station shall be
imited to the structure containing the Mana Wynwood Fire Station,
assigned ,reserved and dedicated parking spaces consisting of not less
than 16 parking spaces for such facility, and reasonable utilities and
telecommunications. Construction of the Marra Wynwood Fire Station
shall not include any other property, amenities or equipment not
mentioned or implied in this Agreement; provided, however, that
incidental and supplemental amenities or equipment may be included if
mutually agreed upon by the City and Developer. Construction of the
Marra Wynwood Fire Station shall meet the following minimum
requirements, as permitted by the City:
18
SUBSTITUTED.
a) lntensit . The building Floor Area for the Mana Wynwood Fire
Station shall not exceed eleven thousand (11,000) gross square
feet (inclusive of mechanical and common areas).
b) Parkin. A total of sixteen (16) assigned or dedicated o ite
parking spaces shall be provided for the use of the ana
Wynwood Fire Station.
c) Utilities. The Developer shall provide reasona e utilities
including water lines, sewer lines, electric serv' e, telephone
service, and telecommunication and info rma 'on technology
lines in a sufficient operational state required t upport the Mana
Wynwood Fire Station.
d) The Fire Station and the sixteen (16) eserved and assigned
parking spaces will be leased to the Cit in a Lease Agreement in
a form acceptable to the City Man er, the Planning Director,
and the Director of Real Est e and Asset Management
("Dream"), and the City Attorn as to legal form, for a term of
not less than ninety nine (99) ars at a rent of no more than ten
(10) dollars a year. The C' will not be assessed any taxes,
assessments, charges, due , fees, levies, impositions or similar
costs for its use of this roperty as a Fire Station which it is
agreed serves a valid nicipal public purpose.
(e) Public Benefits Contributions. T development of the Project will utilize the
City's Public Benefits Program or the purposes of obtaining bonus Height, as
permitted under Section 3.1/ng
the Regulating Plan, through the contribution of
certain public benefits inclu but not limited to:
Contribution to e NRD-1 Public Benefits Trust Fund, as required by
Section 3.14.6 f the Regulating Plan. A minimum of thirty-five percent
(35%) of cas contributions by Developer to the NRD-1 Public Benefits
Trust Fun to be allocated towards affordable/workforce housing
pursuant o Section 62-645(d) of the City Code shall be satisfied or
allocat to development of Affordable/Workforce Housing by
Deve per within the SAP Area or within a one thousand (1,000) foot
ra s of the SAP Area.
ii. /.he
completion of certain improvements and enhancements as follows:
Public Open Space Improvements, the Mana Wynwood Fire Station
Improvements and Street Right of Way and Landscape Improvements,
as described herein (collectively, the "SAP Public Improvements").
The Planning Director has the authority to replace, allocate, shift and
modify the Developer's Public Benefits contributions and SAP Public
Improvements Phasing Schedule, including the approval of additional
contributions. Following ten (10) years from the Effective Date, in the
19
15
SUBSTITUTED.
event the Project and/or approved Public Benefit contributions have not
been completed, the Planning Director shall have the authority to
abandon the Mana Wynwood SAP Public Benefits Program and require
the Developer to tender direct Public Benefit contribution payments to
the NRD-1 Public Benefits Trust Fund for the provided benefit Height.
Mana Wynwood Fire Station.
(a) Development l:ntiticmcnts. The City, as applicant, shall apply for and diZlwith
ntly
pursue any and all zoning, land use and/or other approvals and entitleme
the City, County and other governmental agency required top mit the
development and use of the Mana Wynwood Fire Station. The Ci shall take
any other reasonably necessary administrative action as required o permit the
Community Support Facility use for the development of the ana Wynwood
Fire Station, including but not limited to, land use arae ments, Waiver,
Warrant, Exception or Variance ("Fire Station Approvals' he/
All Fire Station
Approvals are subject to the processes required by state a local laws, and may
require public hearings, and nothing in this Agreement hall be construed as a
waiver or abridgement of the City's governmental or olice powers with regard
to the Fire Station Approvals.
(b) Mana Wynwood Fire Station Lease. The Devel er will retain ownership of the
Mana Wynwood Fire Station but shall grant he City an exclusive leasehold
interest ("Lease Agreement") for the e and occupation of the Mana
Wynwood Fire Station. The Developer d the City shall enter into a Lease
Agreement to assign their respective res onsihilities and obligations for the use
and occupation of the Mana Wynwoo ire St<tic�ta. The City Manager and the
Developer shall execute a Lease A eement in substantial accordance with the
following terms;
i. Rate. The Lease A ement shall set an annual rate of ten dollars
($10.00) payable to t e Developer by the City on a predetermined date.
ii. Oc/dF
h City will be permitted to take possession of the Mana
Wye Station upon issuance of a Temporary Certificate of
Octhe City and pursuant to the execution of the Lease
Ag
iii. Tease Agreement shall expressly be for an initial term of one
hunyears with two subsequent automatic extensions for a
perty-nine (99) years each.
iv. uisance. The Lease Agreement shall expressly prohibit the use of
sirens by incoming and outgoing Fire Department service vehicles in
order to avoid disturbance and nuisance to visitors, tenants, residents and
neighbors.
20
SUBSTITUTED.
V. Parking. The Lease Agreement shall dedicate or assign sixte
(16) parking spaces for the exclusive use of the Mana Wynwood ire
Station.
vi Condominium or Other Forms of Ownership. The Lease reement
shall expressly reserve the Developer's right to convert the S P Area, or
parts thereof, including the Mana Wynwood lire ation, to a
eondominiurn or other collective form of ownership sit 'ect to a master
covenant at any time. 'Fhc City hereby expressly aga s and grants its'
prospective consent to permit the conversion of the P Area, including
the Mana Wynwood Fire Station, to a condomini or other collective
form of ownership subject to a piaster covena t. In the event that a
portion of the SAP Area or Mana Wynwo d Dire Statiol] is to be
converted to a condominium or ether collcc ve form of ownership, the
Developer shall convey and the City sha accept the Mana Wynwood
Fire Station in fee simple to the City in xchange for consideration of a
one-time payment of ten dollars ($10. ) by the City.
vii. Utilities and Ongoing. Expenses. he City shall be responsible for the
payment of all utilities (includin ut not limited to electricity, water and
sewer services) whether priv e or public, and operational expenses
(including but not limited t maintenance costs) directly serving and
solely attributable to the use of the Mana Wynwood Fire Station,
Separate meters shall b installed by the Developer for electrical and
water utilities for the ana Wynwood Fire Station, at Developer's sole
cost and expense. ie City shall provide and have collected its own
dumpster for solid aste removal.
viii. Impact Fees. he Developer shall not be required to pay any Fire
Impact Fees o the City for the areas solely dedicated to the Mana
Wynwood ire Station.
ix, Taxes. 1'he City's use of the Mana Wynwood Fire Station is solely for
the s eciilc, exclusive municipal public: purpose and essential public
ser ce of providing a Fire -Rescue Station for the Wynwood area and is
n subject to ad -valorem taxation. In the event the County assesses
d -valorem taxes against the Mana Wynwood Fire Station, the
Developer will cooperate with the City to ensure that no taxes are
assessed against the Mana Wynwood lire Station and shall take
appropriate action to ensure that the Mana Wynwood Fire Station
remains tax exempt, including the prompt conveyance by warranty deed
of the Mana Wynwood Fire Station to the City. Notwithstanding
anything provided in this Agreement, in no event shall the Developer
and its' successors, transfer and/or assigns be responsible for payment of
any taxes assessed solely for the Mana Wynwood Fire Station only, once
the City has taken possession of the Fire Station.
21
SUBSTITUTED.
X. The Fire Station and the 16 reserved and assigned parking spaces will be
leased to the City in a Lease Agreement in a form acceptable to the City
Manager, the Planning Director, and the Director of Real Estate and
Asset Management ("DREAM"), and the City Attorney as to legal form.
xi. The Developer shall timely construct, at its own cost, and complete the
Fire Station substantially in accordance with plans approved by the C'
Manager, Planning Director and Fire Chief , which will be on file ith
the City and deemed as being incorporated by reference herein The
Developer will undertake the construction in accordance with al lorida
Building Code, City Code, Miami2l requirements, and in c mpliance
with all applicable permitting and regulatory requirements
(c) Lire 1rn Lica Fce Credit A jreztzicnt. The Patties agrec that in co deration ai'the
Developer's construction and lease of the Mana Wynwood Fi X Station, the City
will grant the Developer credit against the impact fees due for the Matra
Wynwood SAP as provided below:
Fire Impact Fee Credit, The City finds that e Mana Wynwood Fire
Station adds sufficient capacity to the City' fire and rescue system to
accommodate the demand generated by d elopment of the SAP Area.
Accordingly, the City shall review Dev open's impact fee petition and
may grant the Developer credit in e amount of the Developer's
ascertainable contribution against th Fire Impact Fee otherwise due for
the overall development of the AP Area including any residential,
commercial, or other compon It of the Mana Wynwood SAP, as
provided in Section 13-10 of t e City Code.
(d) Public Benefit, The Parties agree at in the event that the City does not obtain
the rights to permit the develop nt of the Fire Station, the Parties will negotiate
a substitute, comparable publi benefit to serve in lieu of the Fire Station. Any
amendment to this Agreeme t must be done in accordance with the procedures
set forth in Florida Statut and City laws and regulations. The City does not
waive its police power, d nothing in this paragraph shall be construed to waive
or abrogate the City's olice power with regard to the review and approval or
disapproval of this reement or an amendment to this Agreement.
16. Valet Parkin:. The D eloper intends to establish a uniform valet system to service
the SAP Area genera . In accordance with Sections 35-305 and 35-306 of the City
Code, as amended, t e maximum allowed valet permits may be issued for the operation
of a valet parking rea on the same side of the block where the permit applicant is the
operator of the iform valet system.
17. Parkin Ma agement Pro -am. Parking within the SAP Area shall be implemented
through a rking management program. The parking management program shall track
existing nd anticipated parking through an interactive spreadsheet maintained by the
Devel er and reviewed by the Planning Director before issuance of each vertical
10
SUBSTITUTED.
building permit for the Project (the "Parking Management Program"). Parking usa e
shall be debited from the total parking pool available within the SAP Area. Par mg
availability shall be added to the total parking pool available within th/ctor The
Parking Management Program shall incorporate the parking plans ao as
Exhibit "E". The numbers and figures provided in the Parking Manram
may be revised and updated accordingly from time to time by the P
including at such tunes as certain interim parking is discontinuenent
parking becomes available.
(a) Interim Parkin 7. For the purposes of accommodating the ased development
of the Project, interim and temporary p/4h
on conditio lly, unimproved and
parially improved lots by valet servibe per 'ted in order to satisfy
required parking under Miami 21 and tlating an. Notwithstanding the
requirements of Sections 62-543 and 6of the ode, interim parking shall
be permitted in the SAP Area without ho c ply with permanent parking
requirements on the proposed interim lt' led in the Parking Management
Program. The Planning Director shall the design of the interim parking
lots prior to issuance of a building perimprovements. In the event that
valet service is no longer provided foim parking in the SAP Area, the
Developer shall comply with the applicarking requirements.
(b) i'cn11ttitcsit I'arl:inu. The Developer hall construct permanent parking facilities
to serve the SAP Area by the co letion of Parcel 3 of the East Zone or prior
thereto, in compliance/Faci
parking requirements of the Regulating Plan
("Permanent Parkings"). The Planning Director shall assess the
Parking Management every five (5) years for Permanent Parking
availability. PermanentFacilities may consist of centralized parking
facilities and/or structug facilities as accessory and/or principal uses.
18. SAP Transportation Trugi Fund Contribution. Any parking facilities surcharge
collected for parking in p lie parking facilities located in the SAP Area pursuant to the
City of Miami Parkin acilities Surcharge Ordinance, Chapter 35, Article X of the
City's Code of Ordin, ces, shall be allocated to the City's Transportation Trust Fund, as
established in Artic Viol of the City's Cade of Ordinances (the "SAP Transportation
Trust Fund Con 2,1 n"). All funds collected through the SAP Transportation Trust
Fund Contribut' n shall be reserved in the City's Transportation Trust Fund in order to
facilitate the creation, operation, and/or maintenance of mass transit and other
transpoi•tati 1 facilities within the Wynwood area, including, but not limited to the
City's tro ey system and capital or acquisition costs associated with the creation of new
public f street parking facilities in the Wynwood area. These funds may be carried
over o the succeeding fiscal year. Expenditures in connection with the SAP
Tra portation Trust Fund Contribution shall be made pursuant to Sections 35-253 and
3 254(d) of the City's Code of Ordinances.
19. AlcohoHe Beverage Sales. The Property is located within the Mena Wynwood SAP
T5-0, T6 -8a-0, T6 -8b -O, and T6-12-0 Transect Zones, as depicted in Miami 21 and
the Mana Wynwood SAP.
23
20.
21
SUBSTITUTED.
(a) ltetsil S �ee.inli Cenlcr 1]esignation. Pursuant to Chapter 4 of the City Co ,
two (2) retail specialty centers are hereby designated for properties loc ed
within the SAP Area. The West Zone Retail Specialty Ce/hnll consis f all
properties located within the West Zane of the SAI' Area.st Zo Retail
Specialty Center shall consist of all properties located wEa Zone of
the SAP Area. The maximum member of establishmli alcoholic
beverages permitted within retail specialty centers in threa shall not
exceed five (5) per individual retail specialty center, exclany bona fide,
licensed restaurants where the sale of alcoholic beveragerely incidental
to and in conjunction with the principal sale of food (efide, licensed
restaurants with a 2 -COP, 2 -COP SRX, 4-COP,4-COor equivalent
license). Alcoholic Beverage Service Establishments e permitted within the
SAP Area as provided in Article 4, Table 3 the Regulating Plan.
Notwithstanding the requirements of Sections 4-7 nd 4-10 of the City Code,
restrictions relating to the maximum numyalholic
cation of alcoholic beverage
establishments, including but not limiteded distances from churches,
residential districts, schools and other beverage establishments,
whether within or outside the SAPall not be applicable to
establishments within the SAP Area,
Temporar Uses. Temporary uses within th SAP Area shall be governed by the laws
and regulations of the City, including C1 pter 62 of the City Code. Additionally,
temporary food and beverage sales witl 'n temporary structures located in the T5-0
properties fronting NW 2nd Avenueall not be permitted without the consent and
approval of the Director of the Wyn ood Business Improvement District, which shall
not be unreasonably withheld or
Phased Developmee. The
developed by multiple pantie:
(a)
sed.
velop� r and the City agree that the Project may be
multiple phases over the life of the Project.
Zt
a)building permit for the development of a Building located in
/the West Zone exceeding twelve (12) Stories and up to sixteen
(16) Stories in Height may not be issued until Developer has
completed or obtained a building permit for the development of a
minimum of twenty-five percent (25%) of the total permitted
Base FLR in the East Zone.
b) A building permit for the development of a Building located in
the West Zone exceeding sixteen (16) Stories and up to twenty
(20) Stories in Height may not be issued until Developer has
completed or obtained a building permit for the development of a
minimum of thirty percent (30%) of the total permitted Base FLR
in the East Zone.
24
SUBSTITUTED.
c) A building permit for the development of a Building located in
the West Zone exceeding twenty (20) Stories and up to
twenty-four (24) Stories in Height may not be issued until
Developer has completed or obtained a building permit for t
development of a minimum of thirty-five percent (35%) of he
total permitted Base FLR in the East Zone.
(b) phased Development of st Zone. Residential development eluding
Lodging and Affordable/Workforce Housing) within the East Zo shall not
exceed twenty-five percent (25%) of the total permitted resident` density for
the East Zone for a period of seven (7) years from the Effect' e Date of this
Agreement. No other restrictions by virtue of this Agreem t on residential
development shall apply following the expiration of this tii�d period.
22. Maintenance of Artwork. Developer covenants that it shall Ovide all maintenance
necessary to preserve artwork provided on building's facades Gated in the SAP Area in
gond condition and in accordance with established procedu s for the maintenance and
conservation of artwork. Should any such building contai ng artwork be declared to be
either a common area or a common property to be aintained by a condominium,
master, or homeowner's association organized, exist' g, and recognized to be in good
standing under applicable State of Florida laws (t "Governing Association"), such
Governing Association shall be responsible, as su essor to the Developer, for all of the
maintenance obligations under this provision.
23. Compliance With FirelLife Safetv LamThe Developer shall at all limes in the
development and operation of the Projec comply with all applicable laws, ordinances
and regulations including, without limit ion, Iife safety cordes to insure the safety of all
SAP Area and City residents and ests. Specifically and without limitation, the
Developer will install and
co
all required fire safety equipment and water lines
with flow sufficient to contain all ossible lire occurrences.
24. Formation of Communk � e.velo meat District. In the event the creation of a
Community Development 'strict ("CDD") is approved for the Project, the CDD may
assume the Developer's responsibility under this Agreement without the City's
approval ("Assumption' . Notice of the Assumption, including copies of the executed
documents memoriali-, ng the Assumption, shall be provided to the City as detailed in
this Agreement.
25, Local Develoodnt Permits. The Project may require additional permits or approvals
from the City, ounty, State, or Federal government and any division thereof. Subject
to required 1 al process and approvals, the City shall make a good Faith effort to take all
reasonable steps to cooperate with and facilitate all such approvals. Such approvals
include, ithout limitation, the following approvals and permits and any successor or
analo us approvals and permits:
(a)/ Waiver(s), Warrant(s), Exception(s), Variances, or SAP Permits;
25
SUBSTITUTED.
(b) Subdivision plat and/or waiver of plat approvals;
(c) Public Works approvals;
(d) Street Vacations and Closures;
(e) Covenant in Lieu of Unity of Title and/or Unity of Title and/or Declaration
Restrictions acceptance and the release of any existing unities, covenants
Declarations of Restrictions;
(f)
Water and Sanitary Sewage Agreement(s);
Paving and Drainage Plans and Permits;
Tree Removal Permits;
Demolition Permits;
Environmental Resource Permits;
Miami -Dade Transit approvals;
Federal Aviation Administration and Miam' Dade
determination(s) and approval(s);
Right of Way Encroachment permits or lie nses;
Miami Parking Authority approvals;
Temporary Use Permits and Temp
I/
Miami
Event Permits;
Aviation Department
Any other official action ol• tl1 City or other government agency having the
effect of permitting developn -tit within the SAP Area;
Building permits;
Certificates of use an or occupancy;
Stormwater permi ; and
(t) Any other oFfi al action of the City, County, or any other government agency or
instrumenta ' y having the effect of permitting development of the SAP Area.
In the event that the Cit substantially modifies its land development regulations regarding site
plan approval proced •es, authority to approve any site plan for a project in the SAP Area shall
be vested solely in a City Manager, with the recommendation of the Planning Director. Any
such site plan slia be approved if it meets the requirements and criteria of the Existing Zoning,
the Comprehen ve Plan and the terms of this Agreement.
26
SUBSTITUTED.
26, Necessity of CnntpEyin with l7c ularliona Relattive to Developm/aa
inits. T e
Developer and the City agree that the failure of this Agreement to aparti lar
permit, condition, fee, term, license, or restriction in effect on the EDat shall
not relieve the Developer of the necessity of complying with the reg erning
said permitting requirements, conditions, fees, terms, licenses, or ress ursuant
to Section 163.3241, Florida Statutes (2015), if state or federal laws aed after the
execution of this Agreement which are applicable to and prehe parties'
compliance with the terms of this development agreement, this Ant shall be
modified or revoked as is necessary to comply with the relevant stateral laws.
27. Consistency with Comprehensive Plan. The City finds that de lopment of the SAP
Area is in conformity with the Existing Zoning and i consistent with the
Comprehensive Plan. As of the Effective Date, the De loper is conducting an
extensive analysis of the Public Facilities available to serve e Project. In the event that
the Existing Zoning or the Comprehensive Plan requi s the Developer to provide
additional Public Facilities to accommodate the Projee , the Development will provide
such Public Facilities consistent with the timing re uirements of Section 163.3180,
Florida Statutes (2015). The Developer shall be ound by the City impact fees and
assessments in existence as of the date of obtaini a building permit, per Chapter 13 of
the Code, except as modified by the terms of is Agreement including any waiver of
impact fees expressly approved herein.
28. Co -o eration Expedited Permittin ant irne is of the Essence. The Parties agree to
cooperate with each ether to the full •xtent practicable pursuant to the terms and
conditions of this Agreement. The Payfies agree that time is of the essence in all aspects
of their respective and mutual resp nsibilities pursuant to this Agreement. The City
shall use its best efforts to exped' the permitting and approval process in an effort to
assist the Developer in achiev' g its development and construction milestones. The
City will accommodate re ests from the Developer's general contractor and
subcontractors for review o phased or multiple permitting packages, such as those for
excavation, site work an oundations, building shell, core, and interiors. In addition,
the City will designate individual within the City Manager's office who will have a
primary (though not elusive) duty to serve as the City's point of contact and liaison
with the Developer 'n order to facilitate expediting the processing and issuance of all
permit and livens applications and approvals across all of the various departments and
oflices of the -ity which have the authority or right to review and approve all
applications f r such permits and licenses. Notwithstanding the foregoing, the City
shall not be ligated to issue development permits to the extent the Developer does not
comply w' h the applicable requirements of the Existing Zoning, the Comprehensive
Plan, th' Agreement and applicable building codes.
29. ResOvalion of QcN,vitiment Iii yhts.
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.
27
SUBSTITUTED.
(b) Nothing herein shall prohibit an increase in the density or intensity f
development permitted on the Property in a manner consistent with (1 the
Existing Zoning and/or the Comprehensive Plan, (2) any zoning ange
subsequently requested or initiated by the Developer in accorda e with
applicable provisions of law or (3) any zoning change subsequently acted by
the City.
(c) The expiration or termination of this Agreement shall not beco dered a waiver
li
of, or limitation upon, the rights, including, but not mited o, any claims of
vested rights or equitable estoppel, obtained or held by/On" Developer or its
successors or, assigns to continued development of the Perty in conformity
with Existing Zoning and all prior and subsequent pproved development
permits or development orders granted by the City.
30, Miami Trolley, The Developer acknowledges that the Hty is currently planning to
extend its trolley system further into Wynwood and tha this expansion may traverse or
abut the SAP Area. The Developer agrees to Coopers with the City so that any portion
of the trolley route which runs through or is jacent to the SAP Area can be
accommodated within the dedicated public right of -way. The City agrees to evaluate
whether at least one (1) trolley stop can be neo
orated into the Project.
31. Amittal Report and Review,
(a) This Agreement shall be review by the City annually on the anniversary of the
Effective Date of this Agreem zt. The Developer, or its assign, shall submit an
amival report to the City for eview at least thirty (30) days prior to the annual
review date. The report hall contain a section by section listing of what
obligations have been t and the date finalized as good faith compliance with
the terms of this Agre ent. The City Manager shall review the annual report
and accept it if it is f and to be in compliance.
(b) If the City finds on the basis of substantial competent evidence that there has
been a failure comply with the terms of the agreement, the City shall provide
the Develop with a fifteen (15) day written notice and an opportunity to cure
the no co
pliance. The Developer shall have forty five (45) days after the
expiratio of the fifteen (15) day notice period to begin to address or cure the
non -co pliance, after which the Agreement may be revoked or modified by the
City ommission following two (2) duly noticed public hearings. The
ob ' gation to submit an annual report shall conclude upon the date on which the
reement is terminated.
32. Notie. All notices, demands and requests which may or are required to be given
he under shall, except as otherwise expressly provided, be in writing and delivered by
rsonal service or sent by United States Registered or Certified Mail, return receipt
requested, postage prepaid, or by overnight express delivery, such as Federal Express,
to the Parties at the addresses listed below. Any notice given pursuant to this
Agreement shall be deemed given when received. Any actions required to be taken
28
SUBSTITUTED.
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.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With copies to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor, Suite 945
Miami, Florida 33130
To the Developer:
Mr. Moishe Mana
Mannigan Holdings, LLC
215 Coles Street
Jersey City, New Jersey 07310
With copies to:
Greenberg Traurig, P.A.
Iris Escarra, Esq.
Carlos R. Lago, Esq.
333 SE 2nd Avenue
Suite 4400
Miami, Florida 33131
Any Party to this Agreementy change its notification address(es) by providing written
notification to the remaining p' ies pursuant to the terms and conditions of this section.
33. Joinder.
(a)YOnce
eloper, its successor or assigns, acquires fee simple title to a property
ed in this Agreement subsequent to the Effective Date, the Developer
porate such property into this Agreement, subjecting it to the rights
tions established hereunder, provided that the Developer executes the
rm and Acknowledgement of Joinder attached hereto as Exhibit "F".
cuted, the Developer shall record the executed Joinder Form in the
ords of Miami -Dade County and file same with the City Clerk.
IT
SUBSTITUTED.
(b) The Panties agree that any property which is incorporated into the Agreement
through this Joinder provision shall be subject to the Existing Zoning, the
Comprehensive Plan and the terms of this Agreement. In the event that the City
does not afford any subsequently incorporated property with the protections of
the Existing Zoning, the Comprehensive Plan and the terms of this Agreement,
the City will be deemed to have breached this Agreement.
(c) Nothing herein shall prohibit the Developer from objecting to any policy w ich
would not afford a subsequently incorporated property within the SAP Yea as
defined herein which is included in this Agreement by an Amendment ith the
protections of the Existing Zoning, the Comprehensiv/sh
the to s of this
Agreement, as applicable.
34. Ei forcement. The City, its successor or assigns, and the Dehave the right
to enforce the provisions of this Agreement. Enforcement shction at law or in
equity against any parties or persons violating or attemptinte any covenants,
either to restrain violation or to recover damages or both. iling party in the
action or suit shall be entitled to recover, in addition to cound disbursements
allowed by law. Each party shall bear their own respective fees.
35. Modification. In accordance with the Concept Book an this Agreement, the Project
may he developed in phases. This Agreement may be dined, amended or released as
to any phase, or any portion thereof, by a written /istrurnent executed by the, then,
owner(s) of such phase provided that the same i also approved by the City. Any
application related to a particular phase, or any rtion thereof, shall only require the
consent, acknowledgment and/or joinder of th then owner(s) of such phase. In the
event that there is a recorded homeown s, master, condominium and/or other
association covering the property, any ph e or any portion thereof, said association
may (in lieu of the signature or consent of e individual members or owners), on behalf
of its members and in accordance with ' s articles of incorporation and bylaws, consent
to any proposed modification, amend ent, or release by a written instrument executed
by the association. Any consent ade pursuant to a vote of an association shall be
evidenced by a written resolution f the association and a ecrtification executed by the
secretary of the association's b and of directors affirming that the vote complied with
the articles of incorporation nd the bylaws of the association. For purposes of this
Agreement, references to " ndosniniurn association" or "association" shall mean any
condominium or other as ciation or entity, including master association, as applicable,
which governs any port' n of the Property.
36. Authorization to Vithhold Permits and Inspections. In the event the Developer is
obligated to mak ayments or improvements under the terms of this Agreement or to
take or refrain 91m taking any other action under this Agreement, and such obligations
are not perfor Zed as required, in addition to any other remedies available, the City is
hereby auth rized to withhold any further permits, and refuse any inspections or grant
any appro als until such time this Agreement is complied with.
30
SUBSTITUTED.
37. Exclusive Venue Choice of Law, Specific Performance_. It is mutually underato d
and agreed by the parties hereto, that this Agreement shall be governed by the la of
the State of Florida, and any applicable federal law, both as to interpretati and
performance, and that any action at law, suit in equity or judicial proceeding for the
enforcement of this Agreement or any provision hereof shall be instituted ly in the
courts of the State of Florida or federal courts and venue for any such act' ns shall lie
exclusively in a court of competent jurisdiction in the County. In additi to any other
legal rights, the City and the Developer shall each have the right to spec' is performance
of this Agreement in court. Each party shall bear its own attorney' fees. Each party
waives any defense, whether asserted by motion or pleading, that he aforementioned
courts are an improper or inconvenient venue. Moreover, the arties consent to the
personal jurisdiction of the aforementioned courts and iirevoca y waive any objections
to said jurisdiction. The Parties irrevocably waive any rights o a jury trial.
38. Severability. The provisions of this Agreement apply t all Developer parties jointly
and severally. Invalidation of any of these covenants, b udgment of court in any action
initiated by a third party, in no way shall affect a of the other provisions of this
Agreement, which shall remain in full force and of ct.
39. No Oral Chane or Termination. This Agre ent and the exhibits and attachments
constitute the entire agreement between the rties with respect to the components of
the Mana Wynwood SAP discussed here' . This Agreement supersedes any prior
agreements or understandings between t e Parties with respect to the subject matter
hereof. No change, modification, or ischarge hereof in whole or in part shall be
effective unless such change, modific ion, or discharge is in writing and signed by the
Party against whom enforcement of e change, modification, or discharge is sought and
after two (2) public hearings be e the City Commission. This Agreement cannot be
changed or terminated orally.
40. Compliance with A p ilii. yle i.aw. Subject to the terms and conditions of this
Agreement, throughout th term of this Agreement, the Developer shall comply with all
applicable federal, sta , and local laws, rules, regulations, codes, ordinances,
resolutions, administr ive orders, permits, policies and procedures, and orders that
govern or relate to the respective Party's obligations and performance under this
Agreement, all as ley may be amended from time to time.
41, Voluntary C n liance. The Parties agree that in the event all or any part of this
Agreement i struck down by judicial proceedings or preempted by legislative action,
the Parties shall continue to honor the terms and conditions of this Agreement to the
extent al w by law.
42. Re r sentations., Representatives. Each Party represents to the other that this
YA ement has been duly authorized, delivered, and executed by such Party with the
1 al authority to do so and therefore this Agreement constitutes the legal, valid, and
inding obligation of such party, enforceable in accordance with its terms.
31
SUBSTITUTED.
43. No Exclusive Remedies, No remedy or election given by any prov/ywhich
Agreement shall be deemed exclusive unless expressly so indicated.r
possible, the remedies granted hereunder upon a default of the other Pcumulative and in addition to all other remedies at law or equity arising frot
of default (other than any remedy which may be available at law or in permits the termination of this Agreement), except where otherwise expres.
44. Events of Default.
(a) The Developer shall be in default under this Agreement if y of the following
events occur and continue beyond the appl/beured
ce p iod: the Developer
fails to perform or breaches any term(s), s), r condition(s) of this
Agreement, which breach is not cured wit0) days after receipt of
written notice from the City specifying thof such breach; provided,
however, that if such breach cannot reasonaed within thirty (30) days,
then the Developer shall not bein default iences to cure such breach
within said thirty (30) day period and prosecutes such cure to
completion.
(b) The City shall be in default under this A reement if the City fails to perform or
breaches any term(s), covenant(s), or ondition(s) of this Agreement and such
failure is not cured within thirty (30) ays after receipt of written notice from the
Developer specifying the nature o uch breach; provided, however, that if such
breach cannot reasonably be cur d within thirty (30) days, the City shall not be
in default if it commences to c e such breach within said thirty (30) day period
and diligently prosecutes su cure to completion.
(c) It shall not be a default uer this Agreement if either party is declared bankrupt
by a court of comp ent jurisdiction. All rights and obligations in this
Agreement shall surv've such bankruptcy of any party. The Parties may pursue
appropriate remedi s in bankruptcy to compel the bankrupt or its representative
to assume the A Bement. Notwithstanding the foregoing or anything contained
in this Agreem t to the contrary, (i) a default by any successor(s) or assignee(s)
of the Devel er of any portion of this Agreement shall not be deemed to be a
breach by A) the Developer, or (13) any other successor or assignee of the
Develop ; and (ii) a default by the Developer under this Agreement shall not be
deeme to be a breach by any successor(s) or assignee(s) of the Developer of
their espective rights, duties, or obligations under this Agreement. For
pur oses of clarity, the Project maybe developed by multiple parties in multiple
p ases over the next several years. Any actual or alleged default by a developer
f a portion(s) or phase(s) of the Project, including, but not limited to, the
Developer, shall not cause, nor be treated, deemed, or construed as a default by
another developer or Party with respect to any other portion(s), phase(s), or
component(s) of the Project.
32
SUBSTITUTED.
45. Remcdies Upton Default.
(a) Neither party may terminate this Agreement upon the defa/nd
e other party
but shall have all of the remedies enumerated herein.
(b) Upon the occurrence of a default by a party to this Agreemcured ithin
the applicable grace period, the Developer and the City agrny p ty may
seek specific performance of this Agreement, and thin specificperformance shall not waive any right of such party to monetarydamages, injunctive relief, or any other relief other thaation of thisAgreement. The City hereby acknowledges that any claimages underthis Agreement is not limited by sovereign immunity orlimitation of
liability.
46. Assignment or Transfer. This Agreement shall be bindingthe Developer and its
heirs, successors, and assigns, including the successor to or Assignee of any Property
Interest. The Developer, at its sole discretion, may asst , in whole or in part, this
Agreement including any of its rights and obligations reunder, or may extend the
benefits of this Agreement, to any holder of a Property terest without the prior written
consent or any other approval of the City. The City all be notified in writing within
thirty (30) days after any assignment or transfer. Assignment will require a written
instrument in a form acceptable to the City herein the Assignee assumes all
obligations and duties herein.
47. Obligations Surviving Termin:itiaci I}er of, Notwithstanding and prevailing over
any contrary term or provision contained ea'ein, in the event of any lawful termination
of this Agreement, the following o�eexpiration
gations shall survive such termination and
continue in full force and effect until of a one (1) year term following the
earlier of the effective date of suc termination or the expiration of the Term: (i) the
exclusive venue and choi/anther
provisions contained herein; (ii) rights of any party
arising during or attributperiod prior to expiration or earlier termination of
this Agreement; and (iii)term or provision herein which expressly indicates
either that it survives then or expiration hereof or is or may be applicable or
effective beyond the expermitted early termination hereof.
48. Lack of Ag
enc RQ(ittionship Nothing contained herein shall be construed as
establishing an age y relationship between the City and the Developer and neither the
Developer nor its employees, agents, contractors, subsidiaries, divisions, affiliates or
guests shall be emed agents, instrumentalities, employees, or contractors of the City
for any purpo hereunder, and the City, its contractors, agents, and employees shall not
be deemed ontractors, agents, or employees of the Developer or its subsidiaries,
divisions affiliates.
49. Surge, alar ti Ansi ins an' Dcsi nets. The covenants and obligations set forth in this
Agr nient shall extend to the Developer, its successor(s) and/or assigns. Nothing
co rained herein shall be deemed to be a dedication, conveyance or grant to the public in
neral nor to any persons or entities except as expressly set forth herein.
33
SUBSTITUTED.
50. Third -Party Defense. The City and the Developer shall each, at their own cost and
expense, vigorously defend any claims, sui is or demands brought against them by third
parties challenging the Agreement or the Project, or objecting to any aspect thereof,
including, without limitation, (i) a consistency challenge pursuant to Section 163.3215,
Florida Statutes (2015), (ii) a petition for writ of certiorari, (iii) an action for declaratory
judgment, and/or (iv) any claims for loss, damage, liability, or expense (includin
reasonable attorneys' fees). The City and the Developer shall promptly give the otl r
written notice of any such action, including those that are pending or threatened, a al I.
responses, filings, and pleadings with respect thereto.
51. or 'I'ei'Iiiill.11iiln by Mutklnl Consent. This Agreement y not be
amended or terminated during its term except by mutual agreement of th Developer
and its successors and assigns, and the City in writing. Prior to amending r terminating
this Agreement, the City Commission shall hold two (2) duly noticed blic hearings
52. No 'Third -Party Renefiehgy_. No persons or entities other than th Developer and the
City, permitted successors and assigns, shall have any rights atsoever under this
Agreement.
53. Recording. This Agreement shall be recorded in the Pub 'c Records of Miami -Dade
County, Florida at the Developer's expense and shall inur to the benefit of the City. A
copy of the recorded Development Agreement shall be rovided to the City Clerk and
City Attorney within two (2) weeks of recording.
54. No Ct)nflirt of interest. The Developer agrees o comply with Section 2-612 of the
City Code as of the Effective Date, with respec o conflicts of interest.
55. Counterparts, This Agreement may be ex e uted in two (2) or more counterparts, each
of which shall constitute an original b all of which, when taken together, shall
constitute one and the same agreement.
56. Estoppel Certificate. Upon reques y any Party to this Agreement, the other Party or
its duly authorized representativ will deliver to the requesting Party, within thirty
(30) days after such request is ade, a certificate in writing certifying (a) that this
Agreement is unmodified in mull force and effect (or if there have been any
modifications, a description such modifications and confirmation that this Agreement
as modified is in full force nd effect); (b) that to the best knowledge: of such Panty, the
requesting Party is not, a that time, in default under any provision of this Agreement, or,
if in default, the nat e thereof in detaii; (c) to the best knowledge of such Party,
whether such Party s a claim against any other Party under this Agreement, and, if so,
the nature thereof nd the dollar amount of such claim; and (d) such other matters as
such requesting arty or its lender may reasonably request. Each Party further agrees
that such certi cate shall be in a form reasonably acceptable to the City Attorney and
may be relic upon by (1) any prospective purchaser of the fee or mortgage or assignee
of any m .gage on the fee of the Property or any portion thereof and/or (2) any
prospect' a or existing lender of Developer as identified by Developer in its request
34
SUBSTITUTED.
therefore. A five hundred ($500.00) regulatory administrative fee must be paid to
City at or prior to the time of requesting an Estoppel Certificate from the City.
NOW, WHEREOF, the City and the Developer have caused this Agreement to,i% duly
executed.
[Execution Pages for the City and the Developer Follow]
35
SUBSTITUTED.
IN WITNESS WHEREOF, these presents have been executed this day
.2016.
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
Mannigan Holdings, LLC, a
limited liability company
By: _
Name:
Title:
The foregoing instrument was acknowledged before me t 's _ day of _ 2016, by
, as of Mannigan -Ioldings, LLC, a Delaware limited
liability company. Personally Known or P duced Identification
Type of Identification Produced_
_
OT/-ARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
r 36
MIA 1854477890
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
SUBSTITUTED.
Megan Holdings, LLC, a Delaware
limited liability company
By: - -
Title:
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day 2016, by
as of Megan Holdings, L a Delaware limited
liability company. Personally Known or Produced Ide ification
Type of Identification Produced
NOTARYS NATURE
Print or S ip Name:
Notary P lic, State of Florida
Comm' siori No.: N/A
My mmission Expires:
MIA
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
SUBSTITUTED.
Melanie Holdings, LLC, a Delaware
limited liability company
By: _ - —
Name: —
"Title:
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of 2016, by
as of Melanie 1-Ioldings, LTC, Delaware limited
liability company. Personally Known _ or Produced Identifie on
Type of Identification Produced
NOTARY SIGN UKL
Print or Stamp me:
Notary Public . tale of Florida
Commissiol o.: N/A
My Com ssion Expires:
38
MIA 18544
SUBSTITUTED.
Witnesses: Melanie Holdings, LLC, a Delaware
limited liability company
By:
Print Name: Miiiie: - —
Title: _
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged bcfore me/Identification
f 2016, by
as _ of Melanie , a Delaware limited
liability company. Personally Known or Pro
Type of Identification Produced_
NOT Y SIGNATURE
Prin or Stamp Name:
N ary Public, State of Florida
ommis'sion No.: N/A
y Commission Expires:
39
MIA 1854477890
SUBSTITUTED.
Witnesses: Milana Holdings, LLC, a Delaware
limited liability company
By:
Print Name: _ N;liana! _
I ills:
Print Name:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged lir fibre nic this -
duty of . 2016, by
s
. as of K-lilana 1loldii , LLC, a Delaware limited
liability company. Personally Known _. ot- Produc ldentification
Type of Identification Produced
NOT Y SIGNATURE
P1 r -Stamp Mame:
N ary N blit. State'of Florida
t7jj,nji. "ion No.: N/A
y C011111tiissi6n Expires:
/ 40
MIA 1854477890
SUBSTITUTED.
Witnesses: Millie Realty, LLC, a Delaware limited
liability company
By: --
Print Name; Name:
Title:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _/ f 2016, by
as of Millie Realty, LLC, a elaware limited liability
company, Personally Known or Produced Identificati
Type of Identification Produced
NOTARY S NATURE
Print or S mp Name:
Notary P blic, State of Florida
Comn 'scion No N/A
My ornmission Expires:
MIA Y854477890 41
SUBSTITUTED.
Witnesses: Mizrachi Holdings, LLC, a Delaware
limited liability company
By:
Print Name: Name: _
Title:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of 2016, by
as of Mizrachi Holdings, LLC, Delaware limited
liability company. Personally Known or Produced Identific ton
Type of Identification Produced __
NOTARY SIGN 'URE
Print or. Stamp arae:
Notary Public tate of Florida
Comniissio o.: N/A
My Com ssion Expires:
42
MIA
SUBSTITUTED.
Witnesses-, Wynwood Holdings, LLC, a Fl
limited liability company
By:
Print Name: Name:
Title.
Print Name: _
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged beforeme this day of 2016, by
as of Wynwood Ho ings, LLC, a Florida limited
liability company. Personally Known or Produc Identification
Type of Identification Produced
NOT Y SIGNATURE
Prin or Stamp Name:
Nary Public, State of Florida
tnimission No.: NIA
My Commission Expires:
® 43
MIA 1854477890
SUBSTITUTED.
Witnesses: 2294 NW 2ND Avenue Realty, LL
Delaware limited liability company
By; . -- - /_
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me th/..ue
f 2016, by
as _ of 2294 NW 2Nalty, LLC, a Delaware
limited liability company. Personally Known oduced Identification
Type of Identification Produced
NOTARY SIGNATURE
P ' t or Stamp Name:
otary Public, State of Florida
Commission No.: N/A
My Commission Expires:
/ 44
MIA 785447789x1
Witnesses:
Print Name -
Print Name:
STATE OF FLORIDA }
S
)S
i.. V
COUNTY OF MIAMI-DADE )
SUBSTITUTED.
Malux Realty, LLC, a Delaware limited
liability company
By:
Name:
Title: —
The foregoing instrument was acknowledged before me this day
_ as of Malux Really, LLC,a,P�
company. Personally Known or Produced Identificati
Type of Identification Produced
NOTARY
Print orS
Notary IPi'
My
MIA85447789x1 45
rNA`I'URE
np Name:
)tic, State of Florida
►n No.: N/A
ission Expires:
2016, by
limited liability
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-DADE )
SUBSTITUTED.
Mapton Holdings, LLC, a Delaware
limited liability company
By:
Name:
Titic:
The foregoing instrument was acknowledged before me this _ duty of 21016, by
as of Mapton Holdings, LLC, Delaware limited
liability company. Personally Known. or l'roducct! Idewitic: icon
Type of Identification Produced
NOTARY SIGN
R
E
Print or ;damp .ince:
Notary l'ublie ..'torte offloi•ida
C'ommissiol o.: N/A
h ly .Com ssion Expires:
46
MIA 18544
CITY OF MIAMI, FLORIDA
By:
Daniel J, Alfonso, City Manager
ATTEST:
SUBSTITUTED.
By: —
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
MIA 1854477890
47
DRAFT DATED 7/11/2016
EXHIBITS
WESTI EAST
NW 2,0 9 NW 2,b Sr
,
F
Y Parcel f
NW 2Ad SC
NW 22W Sr
NW 21! 1FA
SUBSTITUTED.
MANA 'WYNWOOD SAP
DEVELOPMENT AGREEMENT
Z Y S C O V I C H oo N Biscayne Blvd ±'rrl, FI
M�a+,i FL ,nsi i,o+
±us s'±�: inloazyrcovich cam
A R C H I T E C T S � ?os n: •sa .,.,., zv.mric6 com
DRAFT DATED 7/11/2016
EXHIBITS
SUBSTITUTED
WEST I EAST
� I ,
Parcell
� I '
•iaifili�i •�i�N►?�r�wa•-.e•
C
Partial ROW improvements facing NW 23rd, 24th Street, and
Pub[]CStrLetscape $ 127,050.00
Open Space $ 731,61157
Roadway and Sidewalk Improvements $ 510,868,50
Off-site Water& Sewer $ 586,169.99
Street Art $ 7,800.00
TOTAL $ 1,963,440.06
For illustrative purposes onK Final development design shall be in
accordance with the indivJ0621 site plan approval(s)
A%
Avenue will be provided
MAMA WY N
DEVELOPMENT;
Open Space
Open Space - Completed
Streetscape
Streelscape - Completed
ZYSCOVICH
A R C H I T E C T S
DRAFT DATED 7/11/2016
EXHIBITS
SUBSTITUTED.
MANA WYNWOOD SA
DEVELOPMENT AGREEMENT /
WESTI EAST
iI — — — — — — -- —+7i+ f+i !+f
sl
i� Par e12
Mt
4
it
�ew�rfeilsi�iifa►�retf !!e•ifii• ee+se®i!4ls�iiiss!!
During the construction of this phase, the min. percentage of imprc
the Open Space is to be provided as per Matrix of improvements of
of the Concept Book.
Temporary open space improvements will include painted finish ui
pop-up artistic type seating areas, temporary parking.
Partial ROW improvements facing NW 22nd Street will be pr vided
TOTAL $ 7,397,622.44
For IIIiJs7ative purposes only. Final velopment dosign shrill be Irl
accordarcu wile i[w Individual site plan Approval(s).
44%
nts of
space as per sheet Al -12
with artistic patterns,
Open Space
Open Space - Completed
i Streetscape
Streetscape - Completed
Phasing Schedule
oNBu�ay i�Bl.d ��: F. FI
FL
ZYSCOVICH ,,.m, °
A R C H I T E C T S
Public Streetscape
$ 46,800.00
Open Space
$ 473,818.44
Roadway and Sidewalk Improvements
$ 1,983,564.00
Off-site Water& Sewer
2,240,640.00
Street Art
$ 52,800.00
TOTAL $ 7,397,622.44
For IIIiJs7ative purposes only. Final velopment dosign shrill be Irl
accordarcu wile i[w Individual site plan Approval(s).
44%
nts of
space as per sheet Al -12
with artistic patterns,
Open Space
Open Space - Completed
i Streetscape
Streetscape - Completed
Phasing Schedule
oNBu�ay i�Bl.d ��: F. FI
FL
ZYSCOVICH ,,.m, °
A R C H I T E C T S
DRAFT DATED 7/11/2016
EXHIBITS
SUBSTITUTED.
WEST I EAST
I� t
iffffifffi4fifff
•wwwwwii:!-liw���i11t!
Parcel 3
rrosr
During the construction of this phase, the min. percen ge of improvements of
the Open Space is to be provided as per Matrix of i rovements of open space as per sheet Al -12
of the Concept Book.
Fully improved open space for East Zone is to b ocated during the completion of this phase.
At the end of this phase, 100% of the Mana C mons East is to be provided
as a permanent design
Partial ROW improvements facing NW 23/
3 Street and NW 5th Avenue will be provided
Public Streetscape
Open Space
Roadway and Sidewalk I
Off-site Water& Sewer
Street Art
Relocate FPL Lines
TOTAL
$ 451,050.00
$ 5,316,664.51
$ 1,346,151.00
$ 1,120,702.00
$ 30,660.00
$ 3,117,000.00
For illustrative pur oses only Final development design shall be in
accordance wit a individual site plan approval(s)
MANA WYNV OD SAP
DEVELOPMENT REEMENT
i.
! z
f ww wfwwww•lff•a -so I 7
30%
- Open Space
Open Space - Completed
rg Streetscape
Streetscape - Completed
ZYSCOVICHon ei,d FFi aT rr ;
A R C H I T E C T S r
DRAFT DATED 7/11/2016
WEST I EAST
�r�+rts•aM�
ar�i��.►w�{ Ms'�MMrt�
w •
111
Parcell
#
0 I
•
s I
e
4
r,
j•
a
• •
y
IF
*ahw�lM!'4,t�n79r
ilr��w s���t�
1 •flHOI•IIM at •++er��wwr�sa•�•
SUBSTITUTED.
During the construction of this phase, the min, percent ge of improvements of
the Open Space is to be provided as per Matrix of im rovements of open space as per sheet Al -12
of the Concept Book.
Fully improved open space for West Zone/2h
ated during the completion of this phase.
Partial ROW improvements facing NW 22eet, NW 5th, and 6th Avenue will be provided
At the end of this phase, 100%of the Mas West is to be completed
as a permanent design
Public Streetscape $ 812,250.00
Open Space $ 2,506,448.86
Roadway and Side/Irovements $ 3,617,860.00
Off-site Water& Se $ 4,020,360.00
Street Art $ 44,580.00
c 11 nm aqR RF;
For illustrative pyfposes only. Final development design shall be in
accordance wilythe individual site plan approval(s)
20%
tun N Bt.ca�n.. Rl.d :.F FI
ZYSCOVICH
A R C H I 1 E C T 5
_ Open Space
Open Space - Completed
Streetscape
Streetscape - Completed
SUBSTITUTED.
DRAFT DATED 7/11/2016
EXHIBITS
WESTI EAST
Parcell
ilq+►#!*'"$ } r�a�ri4��lrlirrs
f • A �
I f �
1 • 'P ,.�y�
IiM�alr�:M�iF i#MlYisaAl �,AIsaF ASH --
()q�
T±#iAze.»t
At the end of this phase, all open space provided will be fully i proved
Partial ROW improvements facing NW 24th Street and NW Avenue will be provided
Public Streetscape
Open Space
Roadway and Sidewalk Improvements
Offsite Water& Sewer
Street Art /
$/ 60,00p.00
305,787.71
$ 151,20110D
$ 152 [7W-00
It C ncn nn
For illustrative purposes onK Final development design shall be in
accordance with the indivi al site plan approval(s)
I11
2%
MAMA WYNWOO;I(SAP
DEVELOPMENT AGREEMENT
.�_ f«..` -—----- k-1
_—_..-.'_..-ti`s
- Open Space
Open Space - Completerd
Straelscape
:;t; Streelceape - Completed
ZYSCOVICH rL
A R C H J TF C T
r
•
,
i
�y r
! ✓r
�I
•
s
i
�ti♦
♦riM{iilri*t• 7�i.rill ifi*�;�yi
<`
*
•f f ago is■X741*fT.-
()q�
T±#iAze.»t
At the end of this phase, all open space provided will be fully i proved
Partial ROW improvements facing NW 24th Street and NW Avenue will be provided
Public Streetscape
Open Space
Roadway and Sidewalk Improvements
Offsite Water& Sewer
Street Art /
$/ 60,00p.00
305,787.71
$ 151,20110D
$ 152 [7W-00
It C ncn nn
For illustrative purposes onK Final development design shall be in
accordance with the indivi al site plan approval(s)
I11
2%
MAMA WYNWOO;I(SAP
DEVELOPMENT AGREEMENT
.�_ f«..` -—----- k-1
_—_..-.'_..-ti`s
- Open Space
Open Space - Completerd
Straelscape
:;t; Streelceape - Completed
ZYSCOVICH rL
A R C H J TF C T
DRAFT DATED 7/11/2016
EXHIBITS
WESTI EAST
SUBSTITUTED.
N1Y28ASi
1715 15 14
NW20B1 NW 20 S7
21
12 11
" 13
21 t
— 22 o
23 Awmm5A
18 19 24
IIii 9
25 27 25 2230 31 32 9534 99,
37
38
39
49 48 47 46 4544 43 4241
40
NW nw v
,wA ro :F✓
15
1
2
�tE NHV.-]ST Ih F } 1.^T 1d
'. MTISWV4 AVE Algae L 34710
5$13 wY i 551 IN !L 31,17 2'
19 FL 127-tl11
Q KWYlVA—M
4
_{ TVsl FL 1:4B
27
NWsmf 3 31274941
ql 8725-0 50 1Nes1
?'.+d MWrL 33127.iBzY151
2B55d
PlWFL 331W -4"Q
g1�5,T5-•p3E-9¢iC!
mt NFL 37127.43V5
tiaft
1Al F179721jiy
55q NW'387N aml_Fl. aail7.A3'3
�94q
NW W FL_31.i74.817
17 2JFlYN tAVh V.L-K FL'S:11et4S
14. Fi4 15 AVE Mla- FL 331714}17
15 I- ...NW 2452 Maml, F L 39}7 -M7
111 1945 Wj 14 ST NManv, F L 3312745M7
17 556 NVF 24 ST Mlaml, FL 33127-4327
la 1550 NW 7d ST' FAillmi, FL.` -31274?«'&
MAMA WYNWOOD S
DEVELOPMENT AGREEMENT
6
B 5
7 4
2
Eat:
7q
5$13 wY i 551 IN !L 31,17 2'
ry'I1-3S7.'hp35{4AQWeo
[v[
27
580lAW Mhsa1 235TL3.S1740
ql 8725-0 50 1Nes1
E_�t
2B55d
NyV 3 Gl AAI ml, FL J31 •A32:.
g1�5,T5-•p3E-9¢iC!
Y7sal
tiaft
T4
55q NW'387N aml_Fl. aail7.A3'3
81 - n
Weef
3Q544
WUV 235i Mlaml FL331274897.
61-il yo3o91P
Waal
Ess/
31
(VACANT LAND NW n BT_Adf il, FL
f11.3125.:g7q-0wo
1Nn1
'n
ES 4 t4W2i ST 101.ml, 7L 311774=
518 NW 23 ST 1dlsmr, FL3-11 27-4722
135"(5-➢75$o4Q
vf.i;is_
_vw
W.%
E1H
y1
S:AA N1h'aR8 ihslam- LPL 33 W-Aii-
loo
4!-]1.J.93'3.13�
ssi
89
—w *1 3 STN%ml, FL 3"a IZT-47_2
0-31n,!.21571). 312`rD3
West
Earl
35
aA 141N235TMIumt FL ]3121.4a`S.?
Di•9129-p;
West
- Fail
74o hi -W S AvF: Mllml FL 3117�+1r5p
ot.3:iq Q
315.QdbL59
Nleff
FsfAf
38
i7 NW5 AVE Mlarril, FL 33127-4750
81-3126-G*4 BQQ
Wasl
1h• t
34
:2.70 NW5 AWE Miam FL 312 F.47r
Int 91YSA3S96 iq
V.`Esl
WAa1
Eo
�5f1 N�1 5 S>seai.Adl]rtit, K:33i27+i75-
•.. - '--0i44➢90
West
LVa i
_
if
:521 NW 22 STM.W FL 3312747
.. . _ o35A5a6
v1ea1
INaF{
42
5=ii1VK111WO . FL 33$.-Y4771
;i,1I
:AiVret�
i3
.7XT1114
3SA3S4?i
4A'545
I'll 2 TmFL3774727
_W1ec-eNt
.3].fS_?35.op:39SMi 6
VWri
•yV►si
49
1649 1aW2.1Sl Munni, e.i hi 7.47�1�
B13s25•o354)57Q
WnT
1M1aat
45
S57 22 qT Mlomi, F'L 331 W47ZF
91.81 3 q &Q2B1
WMt
West
47'
�'i3.4 N4V 22 ST Mleml FL 331 aTf4'f[F
01.812g•635.Opa�b
Wept
LVaa1
45
1-7F'! Im, ST Mlnrll FL 331274'F$7
51.31^So35-07DO
N1n1
16yy5k
. e iB
a I'•V WEY, MI—, Fi 33127472'71:71i5A8E•Flllo
qm,
1AltsR
59
jltM 4W n LN Mi—, F1. 331x7.4.T4
ESa
SAP Property l
Z Y S C O V I C H oN Bl zyne Bbd ±ieh Fl
M= FL 11(11 x1o+
los m sxx. �nloo:yssor�ch mm
A R C H I T E C T S ! sos n- •sxl w ...:y,c.vmh com
DRAFT DATED 7/11/2016
EXHIBITS
WESTI EAST
NIN 2.M ST
r�
f
w 2bM ST
NW 21 s1 TER
Phased Parking Properties
SUBSTITUTED.
NW 25M 51
NW 2.M ST
U
NW2.WS/
NW 2SM ST
MANA WYNWOOD SAP
DEVELOPMENT A REEMENT
e5P-1 s
23,25
_8,638 SF
43
SP -2
26,27
13,245 SF
66
SP -3
29,30,31,32
22,778 SF
114
SP -4
33,34,35,36.37
18,000 SF
90
SP -5
45.46,47,48,49
45,000 SF
225
SP -6
51
39,599 SF
198
SP -7
9,50
17,233 SF
86
SP -8
1
176,717 SF
703
SP -94,5,7,8,
58,8505F
294
SP -10
2,3
177,9805F
890
SP -11
39,40
18,676 SF
93
SP -12
41,42
11,2505F
56
SP -13
18,19
80,4105F
402
1N20,18
9,006 SF
45
SP -15
11
4,875 SF
24
SP -16
9,50
17,233 SFI
L6",
"Parking count determined by dividing total vacant lot area by 200 SF
to be administered by valet operator
.,emporary Parking Capscity
FL
ZYSCOVICH m9,.aay„e.�,rthr. m
M.: ,nzx x5w
T,i s�xx info.rsco�d,c
A R C H I T E C T S
DRAFT DATED 7/11/2016
EXHIBITS
WESTI EAST
W2WR
,N.r.>Q
S784
c s Lot Area
Parking 89,600 5F
Self Park - Improved Parking Lots for Pence 1
"Parking to be provid9fin centralized above ground or underground
structure or within (ding to be constructed by the completion of
Parcel 3.
SUBSTITUTED.
MANA WYNOD SAP
DEVELOPMENT AAREEMENT
IVIN20s<
NWSWa
W#nwsr
3_ 'ra�-rwd rrn:.ni Fi
A- LZYJLYI l
A rt r. I I
DRAFT DATED 7/11/2016
EXHIBITS
WEST I EAST
SUBSTITUTED.
NW 25M Si
aY4� ,� � 51 NW 24M Si
NW 22W Sr
NW 21,1 rIN
a
JS
MANA WYNWOO
DEVELOPMENT AGREED
NW 211 Sr
t
Parcel 3 - ,
----------' 1
4
E 1
I' aml T
4
, I
r
t �
I I I
I I
NW2-d St
Proposed Parking"
East Zone New Structured Parking 4,598 Spaces
J West Zone New Structured Parking 3,885 Spaces
' All numbers may be subject to change