HomeMy WebLinkAboutTab A14 - Development AgreementThis instrument Prepared by and
after Recording Return To:
T. Spencer Crowley, Esq.
Akerman LLP
98 SE 7th Street, Suite 1100
Miami, FL 33131
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI, FLORIDA AND TOBACCO
ROAD PROPERTY HOLDINGS, LLC, BCC ROAD
IMPROVEMENT LLC, 2 INDIAN CREEK
HOLDINGS LLC, REGARDING DEVELOPMENT
OF THE BRICKELL CITY CENTRE PROJECT
THIS DEVELOPMENT AGREEMENT is entered this day of ,
20 , and effective as of the day of , 20 , by and between
TOBACCO ROAD PROPERTY HOLDINGS, LLC, BCC ROAD IMPROVEMENT LLC,
and 2 INDIAN CREEK HOLDINGS LLC, all being Florida limited liability companies
(together known as "Developer"), and the CITY OF MIAMI, FLORIDA, a municipal
corporation and a political subdivision of the State of Florida ("City") (Developer and the City
together referred to as the "Parties").
WITNESSETH:
WHEREAS, Brickell City Centre Project LLC and 700 Brickell City Centre LLC
(collectively, "Swire") held fee simple title to approximately nine (9) acres of property in the
Brickell area of downtown Miami ("Original BCC Property"); and
WHEREAS, the Original BCC Property spanned four (4) city blocks was more
specifically located south of the Miami River, west of Brickell Avenue, north of SW 8th
Street, and east of SW 1st Avenue, located between two (2) mass transit lines; and
WHEREAS, the Original BCC Property was underutilized in that it predominantly
consisted of vacant, undeveloped lots secured by chain link fencing, and the status of the
Original BCC Property was inconsistent with the City's vision to develop a world class
downtown, and City wished to encourage redevelopment of the Original BCC Property; and
WHEREAS, Swire wished to redevelop the Original BCC Property as a higher
density, mixed-use, pedestrian -oriented, urban development known as Brickell City
Centre which would provide much needed retail for the Brickell and Downtown area of
Miami, and maximize efficiency and design through construction of two (2) levels of
underground parking ("Brickell City Centre"); and
WHEREAS, a process exists within the City's zoning code ("Miami 21"), known
as a "Special Area Plan" or "SAP," which allows parcels of more than nine (9) abutting acres
to be master planned to allow greater integration of public improvements and infrastructure,
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and greater flexibility so as to result in higher or specialized quality building and streetscape
design; and
WHEREAS, on July 28, 2011, the City approved an SAP for Brickell City Centre,
pursuant to Ordinance No. 13279 ("Brickell City Centre SAP"); and
WHEREAS, Miami 21 requires development within an SAP to be governed by a
Development Agreement between the property owner and the City; and
WHEREAS, on October 24, 2011, Swire recorded a Development Agreement for
Brickell City Centre, at Official Records Book 27868, Page 4664 of the Public Records of
Miami -Dade County, Florida; and
WHEREAS, on March 28, 2013, the City approved an amendment to the Brickell
City Centre SAP to include an additional city block known as "N2," and also approved an
Amended and Restated Development Agreement for Brickell City Centre to encompass this
area, recorded on April 7, 2014 at Official Records Book 29098, Page 3241 of the Public
Records of Miami -Dade County, Florida; and
WHEREAS, on March 27, 2014, the City approved a second amendment to the
Brickell City Centre SAP to include an additional city block known as "One BCC," and also
approved a Second Amended and Restated Development Agreement for Brickell City
Centre to encompass this area, recorded on September 18, 2014 at Official Records Book
29314, Page 0825 of the Public Records of Miami -Dade County, Florida ("Swire's BCC
Agreement"); and
WHEREAS, Swire has built -out Phase 1 of Brickell City Centre on the Original
BCC Property, pursuant to Swire's BCC Agreement and the Brickell City Centre SAP; and
WHEREAS, Developer owns certain real property located between SW 7th Street
and SW Miami Avenue Road lying west of South Miami Avenue (northbound), consisting
of approximately 95,866 sq. ft. (2.20 acres) of land ("BCC 650 SMA/AP Property"), as is
more particularly described on Exhibit "A" attached hereto; and
WHEREAS, the City and Developer wish to integrate the BCC 650 SMA/AP Property
into the Brickell Centre SAP, to further redevelop underutilized property directly abutting the
existing Brickell City Centre project into a single cohesive higher density, mixed-use, pedestrian -
oriented, urban development ("BCC 650 SMA/AP Project"); and
WHEREAS, the City and Developer wish for development of the BCC 650
SMA/AP Property to proceed substantially in accordance with the Brickell City Centre
SAP Regulating Plan and Design Guidelines, as adopted on , 2018, and kept
on file with the City ("Regulating Plan and Design Guidelines"); and
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WHEREAS, the BCC 650 SMA/AP Property is designated Restricted Commercial,
with an Urban Central Business District overlay, in the Miami Comprehensive
Neighborhood Plan ("Comprehensive Plan"); and
WHEREAS, the City and Developer wish for development of the BCC 650
SMA/AP Project to proceed in a manner which is consistent with the Comprehensive Plan;
and
WHEREAS, the BCC 650 SMA/AP Project is located in the Downtown Development
of Regional Impact ("DDRI"); and
WHEREAS, as of the Effective Date, the DDRI has sufficient development capacity to
accommodate the BCC 650 SMA/AP Project and Developer has reserved such capacity
through appropriate means with the City; and
WHEREAS, the lack of certainty in the approval of development can result in a waste
of economic and land resources, discourage sound capital improvement planning and
financing, escalate the cost of housing and development, and discourage commitment to
comprehensive planning; and
WHEREAS, assurance to a developer that it may proceed in accordance with
existing laws and policies, subject to the conditions of a development agreement, strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development,
encourages private participation in comprehensive planning, and reduces the economic costs
of development; and
WHEREAS, the City Commission, pursuant to Ordinance No. adopted on
, 20 , has authorized the City Manager to execute this Agreement
upon the terms and conditions as set forth below; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
Section 1. Consideration. The Parties hereby agree that the consideration and
obligations recited and provided for under this Agreement constitute substantial benefits to
both Parties and thus adequate consideration for this Agreement.
Section 2. Rules of Leizal Construction.
For all purposes of the Agreement, unless otherwise expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in the plural include the singular;
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(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 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 exhibits and this Agreement.
Section 3. Definitions. Capitalized terms which are not specifically defined herein
shall have the meaning given in Miami 21.
"Agreement" means this Development Agreement Between the City Of Miami,
Florida and Tobacco Road BCC 650 SMA/AP Property Holdings, LLC, BCC Road
Improvement LLC, and 2 Indian Creek Holdings LLC, Regarding Development of
the Brickell City Centre BCC 650 SMA/AP Project.
"City" means the City of Miami, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies, and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2017), meeting the requirements of Section 163.3177, Florida
Statutes (2017), Section 163.3178, Florida Statutes (2017), and Section
163.3221(2), Florida Statutes (2017), which is in effect as of the Effective Date.
"County" means Miami -Dade County, a political subdivision of the State of
Florida_
"Development" means the carrying out of any building activity or mining
operation, the making of any material change in the use or appearance of any
structure or land, or the dividing of land into three (3) or more parcels and such other
activities described in Section 163.3164(14), Florida Statutes (2017).
"Effective Date" means , 20 , the date on which the City
Commission authorized the City Manager to execute this Agreement.
"Existing Zoning" means the zoning designation and regulations of the Miami
21 Code, City Charter, and City Code in effect as of , 2018, which
comprise the effective land development regulations governing development of the
BCC 650 SMA/AP Property as of the date of recordation of the Agreement.
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"Land" means the earth, water, and air above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
"Laws" mean all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local, state, or federal government
affecting the development of land.
"Public Facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water,
educational, parks and recreational, streets, parking, and health systems and
facilities.
Section 4. Purpose. The purpose of this Agreement is for the City to authorize
Developer to develop the BCC 650 SMA/AP Project pursuant to the Brickell City Centre
SAP. This Agreement will establish, as of the Effective Date of this Agreement, the land
development regulations including the Existing Zoning, the Regulating Plan, and Design
Guidelines, which together will govern Development of the BCC 650 SMA/AP Project on
the BCC 650 SMA/AP Property, thereby providing the Parties with additional certainty
during the Development process. This Agreement also satisfies Section 3.9. Lf., Miami 21.
Section 5. Intent. Developer and the City intend for this Agreement to be
construed and implemented so as to effectuate the purpose of the Brickell City Centre SAP,
this Agreement, the Comprehensive Plan and the Florida Local Government
Development Agreement Act, Sections 163.3220 - 163.3243, Florida Statutes (2017).
Section 6. Applicability. This Agreement only applies to the BCC 650 SMA/AP Project.
The other components of Brickell City Centre shall remain subject to Swire's BCC
Agreement, and this Agreement shall have no effect on Swire's BCC Agreement or the rights
of the parties contained therein.
Section 7. Term of Agreement, Effective Date, and Binding Effect. This Agreement
shall have a term of thirty (30) years from the Effective Date and shall be recorded in the
public records of Miami -Dade County and filed with the City Clerk. The term of this
Agreement may be extended by mutual consent of the Parties subject to a public hearing,
pursuant to Section 163.3225, Florida Statutes (2017). 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.
Section 8. Permitted Development, Uses, and Building Intensities.
(a) Brickell City Centre SAP Designation. The City has designated the BCC
650 SMA/AP Property as part of the Brickell City Centre SAP on the official
Zoning Atlas of the City, pursuant to the applicable procedures in Miami 21.
The Regulating Plan and Design Guidelines are attached as Exhibit "B".
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In approving the Brickell City Centre 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 overall density limitations in
the Brickell City Centre SAP, the density proposed for the BCC 650
SMA/AP Property shall not exceed 420 units per acre, and the intensity
proposed for the BCC 650 SMA/AP Property is measured by an above-
ground Floor Lot Ratio which shall not exceed 27.0.
(ii) The non-residential Development permitted on the BCC 650 SMA/AP
Property includes, but is not limited to, the following uses: office, hotel,
retail, entertainment, medical office, academic space, and any other
uses permitted by the Existing Zoning.
(iii) As of the Effective Date and pursuant to the Brickell City Centre SAP, the
maximum heights above mean sea level for the BCC 650 SMA/AP Project
are as follows:
• 851 feet for all blocks;
• 129 feet for all Pedestals.
(iv) Nothing herein shall prohibit Developer from requesting an increase in
the density or intensity of Development permitted on the BCC 650
SMA/AP Property, as long as such increase in density or intensity is
consistent with the Comprehensive Plan, Existing Zoning, the SAP, and
this Agreement as it exists on the Effective Date.
(v) The BCC 650 SMA/AP Project is eligible for bonus height and Floor
Lot Ratio benefits, as set forth in the Regulating Plan, due to certain
public benefits that the buildings provide. These public benefits are in
addition to the requirements delineated in the Regulating Plan, Design
Guidelines, and Section 3.9 of Miami 21. The Brickell City Centre SAP
public benefits for the BCC 650 SMA/AP Project, as defined in the
Regulating Plan, are:
• Above -ground pedestrian connections in the public right-of-way
between the Brickell City Centre parcels;
• Pedestrian mobility, safety, and aesthetic enhancements around
and under the South Miami Avenue elevated roadway span that
facilitate access to the Miami River Greenway;
• Construction of a fire station for the City on the Brickell City
Centre "N2" block;
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• Landscaping and hardscaping improvements at 6th Street/Miami
Avenue Roundabout; and
• Monetary contribution of $600,000 to the Underline project.
• Heightened archeological monitoring requirements.
The total costs of the public benefits for the BCC 650 SMA/AP Project
are above and beyond the monetary payment which would be required
under the Public Benefits Trust Fund regulations of Miami 21 and
Chapter 62 of the City Code. Thus, Developer shall be entitled to the
maximum height, density, and intensity set forth herein without any
further contributions to the Public Benefits Trust Fund.
(c) Environmental. The City finds that the BCC 650 SMA/AP Project will
confer a significant net improvement upon the publicly accessible tree
canopy in the area. The City and Developer agree that Developer will comply
with the intent and requirements of Chapter 17 of the City Code. The City
agrees to facilitate the permitting and planting of replacement trees on all
publicly -owned properties in this area.
Section 9. Archaeology. Because of the BCC 650 SMA/AP Project's location in a high zone
of archaeological probability, Developer is required to obtain a certificate to dig prior to any
ground disturbing activities. As part of the certificate to dig for demolition and new construction
permits, the following terms are hereby acknowledged to be conditions of the certificate(s) to
dig, certificates of appropriateness (as applicable), and building permits or planning/zoning
approvals for the BCC 650 SMA/AP Property. Developer hereby further assures the City that
Developer will promptly comply with the following conditions.
(a) Monitoring. Developer shall complete a full monitoring archaeological
assessment of the site with the objective of documenting and/or preserving all
significant archaeological features. Further excavation shall be conducted as
determined by City staff upon review of the archaeological monitoring reports.
(b) Additional Assessments. If evidence is found indicating further archaeological
assessments are required, then Developer shall complete an expanded
archaeological assessment of the site with the objective of documenting and/or
preserving all significant archaeological features ("Archaeological Assessment").
In such a case, the Archaeological Assessment would include the following scope
of work ("Field Work"):
(i) The initial phase shall involve systematic additional shovel testing
("Shovel Testing"). This will provide further determination of the nature
and extent of the cultural deposits.
(ii) Following the Shovel Testing, the fill shall be mechanically removed from
the site area under the continuous coordination of the contracted
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archaeologist, exposing the top of any cultural deposits associated with
natural soils.
(iii) The next phase shall involve unit excavations within the site area that will
be impacted by the proposed building construction (i.e. the area within and
adjacent to the proposed building footprint).
(iv) All recovered samples will be catalogued and quantified. The results of
this analysis will be retained and will be included in the final report.
(v) A written report and site documentation will be provided within thirty (30)
business days following completion of the field work.
(vi) The consultant archaeologist shall provide monthly interim reports to the
City of Miami Historic Preservation Board with copies to the Miami -Dade
County Historic Preservation Department.
(c) Separate Certificates. Developer shall apply for separate certificates to dig for
demolition and new construction, with the understanding that the certificate to dig
for new construction shall only be reviewed after full archaeological assessment
of the demolition has been completed.
(d) Documentation. Developer shall provide the consultant archaeologist with
whatever time is reasonably needed in order to fully document the site and any
significant features as may be provided for in this Agreement.
(e) Significant Features. If a significant feature (to be determined by City staff) is
found, then Developer shall make every effort to preserve that feature(s) within
the building design, and revise the design, in accordance with City and County
staffs recommendations.
(f) Notice. Written notice shall be provided by the consultant archaeologist to the
City of Miami Historic Preservation Office if any significant archaeological
deposits or features are discovered during the Archaeological Assessment or
development at the parcel within forty-eight (48) hours of the discovery with
copies to the Miami -Dade County Historic Preservation Department.
(g) Human Remains. If human remains are found, then the provisions of Florida
Statute 872.05 and other applicable regulations shall apply.
(h) Final Report. A final report shall be prepared by the consultant archaeologist and
provided to the City within six (6) months of completion of the Field Work and
monitoring.
(i) Signage. If a significant archaeological site is found, a sign interpreting the
parcel's history and prehistory will be erected on the site at Developer's expense,
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and said sign shall be reviewed and approved by the Office of Historic
Preservation of the City of Miami.
(j) Artifacts. All recovered artifacts shall be properly documented and donated to the
History Miami Museum at Developer's expense within eight (8) months of the
issuance of a master building permit.
(k) Tree Removal. As part of any tree removal, a certificate to dig shall be applied
for and any conditions met to be granted the certificate to dig for root/stump
removal. The tree removal process will be documented by a monitoring
archaeologist.
Section 10. Connectivity and Activity within Public Right-of-Wa.
(a) Connectivity. A critical element to the success of the BCC 650 SMA/AP
Project is above -grade connectivity between blocks and through public rights-
of-way. This connectivity should be encouraged both within the BCC 650
SMA/AP Project and between the BCC 650 SMA/AP Project and other
portions of Brickell City Centre. This connectivity will result in ease of
access, minimized pedestrian and vehicular conflicts, and reduction of the BCC
650 SMA/AP Project's traffic impacts by permitting internalized traffic
circulation. In order to activate the above -grade connections, Developer
proposes to locate commercial activity in this area.
Developer recognizes that such connectivity and commercial usage may
require approval of other governmental agencies such as Miami -Dade County
and the Florida Department of Transportation. The City finds and
determines that establishing such connectivity and commercial usage serves a
public purpose, and the City agrees to support Developer's efforts to obtain any
authorization to establish such connectivity and commercial usage.
The City finds that the authorization of such uses within the public rights-of-
way will have no adverse effects on the provision of natural light or
circulation of air, or increase the adverse effects resulting from fire,
floods, tornadoes, and hurricanes. It is further found that the presence of
such uses within the public rights-of-way shall in no way diminish access for
firefighting apparatus or rescue and salvage operations; diminish traffic,
transportation, and circulation; or adversely impact the advancement of the
safety, health, amenity, and general welfare within the City.
Given the public benefits conferred upon the City by the above -grade
connectivity between blocks and across the public rights-of-way, the
provisions of Sec. 54-186 of the City Code, as amended, shall not apply within
the Brickell City Centre SAP.
(b) Construction of Encroachments within the Public Right -of -Way. The City
finds that the proposed encroachments do not unduly restrict the use of the
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public rights-of-way and is a necessary and essential element in the construction
of the pedestrian walkways above the public rights-of-way. The adoption of
this Agreement shall serve to satisfy the requirements set forth in Sec. 55-
14(b) of the City Code, as amended.
Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the
City Code, as amended. In consideration for authorizing the construction of
the aforementioned encroachments, Developer further covenants to:
(i) Maintain the above -grade pedestrian walkways in accordance with the
Florida Building Code, the City Charter, the City Code, and any other
applicable federal, state, and local statutes, laws, rules, orders, and
regulations.
(ii) Provide an insurance policy, in an amount determined by the City's
Risk Management Department, naming the City as an additional insured
for public liability and property damage. The insurance shall remain in
effect for as long as the encroachment(s) exist in the public right-of-
way. Should Developer fail to continue to provide the insurance
coverage, the City shall have the right to secure a similar insurance
policy in its name and place a special assessment lien against all
properties subject to this Agreement for the total cost of the
premium.
(iii) Developer shall hold harmless and indemnify the City, its
officials, and its employees from any claims for damage or loss to
property and injury to persons of any nature whatsoever arising out of
the use, construction, maintenance, or removal of the pedestrian
walkways and from and against any claims which may arise out of the
granting of permission for the encroachment or any activity performed
under the terms of this Agreement.
(c) Activity within the Public Right -of -Way Notwithstanding the limitations
set forth in Sec. 54-186 of the City Code, as amended, the City shall
permit Food Service Establishment(s) and General Commercial uses, as defined
in Miami 21, in the above -grade pedestrian walkways located within the
public right-of-way, following approval by SAP Permit.
Section 11. BCC 650 SMA/AP Proiect Annroval.
(a) Future Development Review. Future Development on the BCC 650 SMA/AP
Property shall proceed pursuant to a process established in the Regulating Plan
and Design Guidelines and shall be consistent with the Comprehensive Plan,
this Agreement, Swire's BCC Agreement, and the Brickell City Centre SAP.
(b) Prohibition on Downzoning.
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(i) The Comprehensive Plan, this Agreement, and the Brickell City Centre
SAP shall govern Development of the BCC 650 SMA/AP Property
for the duration of the Agreement. The City's laws and policies
adopted after the Effective Date may be applied to the BCC 650
SMA/AP Property only if the determinations required by Section
163.3233(2), Florida Statutes (2017) have been made after thirty (30) days
written notice to Developer and after a public hearing.
(i) Pursuant to Section 163.3233(3), Florida Statutes (2017), this prohibition
on downzoning supplements, rather than supplants, any rights that may
vest to Developer under Florida or Federal law. As a result,
Developer may challenge any subsequently adopted changes to
land Development regulations based on (A) common law principles
including, but not limited to, equitable estoppel and vested rights, or (B)
statutory rights which may accrue by virtue of Chapter 70, Florida
Statutes (2017).
(c) Development of Regional Impact.
(i) The City and Developer agree that as of the Effective Date,
sufficient capacity remains under the DDRI to accommodate the BCC
650 SMA/AP Project and that Developer has reserved the capacity
necessary to develop the BCC 650 SMA/AP Project.
(ii) The City agrees that any DRI Development order which the City
adopts after the Effective Date and which applies to the BCC 650
SMA/AP Property will (A) be consistent with this Agreement and the
Brickell City Centre SAP and (B) include a Use/Intensity conversion
table to allow for a reasonable level of flexibility with respect to the
mix and intensity of uses in order to respond to changing market
conditions.
(iii) The City agrees that if the Miami Downtown Development Authority
("DDA") decides to abandon, terminate, rescind, or otherwise render
ineffective the DDRI Development Order, Developer shall no longer
be responsible for payment of DDRI fees. Further, if the DDA
decides to abandon, terminate, rescind, or otherwise render ineffective
the DDRI Development Order, the City agrees to refund any payment of
DDRI fees made by Developer within twenty four (24) months of the
decision to abandon, terminate, rescind, or otherwise render ineffective
the DDRI Development Order.
Section 12. Retail Specialty Center Designation and Entertainment Specialty District
Designation. Pursuant to Chapter 4 of the City Code, each block of the two -block BCC
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650 SMA/AP Project is designated as a retail specialty center and each block is designated
as an entertainment specialty district.
(a) The maximum number of Alcohol Service Establishments and Liquor Package
Stores (as defined in Miami 21) permitted within retail specialty centers located
within the BCC 650 SMA/AP Project shall not exceed: four (4) Alcohol Service
Establishments and one (1) Liquor Package Store for the "BCC 650 SMA" block;
two (2) Alcohol Service Establishments and one (1) Liquor Package Store for the
"BCC AP" block. These limits are exclusive of any Food Service Establishments
(as defined in Miami 21) 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 or cafes operating with a 2 -COP, 4 -COP, 4 -COP SFS, or
equivalent license), and any other establishment with an alcoholic beverage
license which is otherwise exempt from distance separation requirements pursuant
to Chapter 44(h) of the City Code (e.g., bona fide, licensed hotel operating with a
4 -COP S or equivalent license). However, the maximum number of
establishments classified as Nightclubs (as defined by Chapter 4-2 of the City
Code) shall not exceed two (2) per block, unless otherwise approved by an SAP
Permit, and the maximum number of Liquor Package Stores shall not exceed one
(1) per block unless otherwise approved by an SAP Permit.
(b) Notwithstanding anything to the contrary in Chapter 4 of the City Code (including
Section 4-3 thereof), hours of alcohol sale for all Alcohol Service Establishments
and Food Service Establishments permitted within retail specialty centers in the
BCC 650 SMA/AP Project shall be Monday — Sunday: 11:00 a.m — 5:00 a.m. for
consumption on -premises, and Monday — Saturday: 9:00 a.m. — 12:00 midnight,
and Sunday: 9:00 a.m. — 7:00 p.m. (with hours automatically extended to 10:00
p.m. on Sundays in December) for consumption off -premises, By Right (as
defined in Miami 21).
(c) Notwithstanding anything to the contrary contained in Chapter 4 of the City Code
(including Sections 4-4 and 4-7 thereof) or Miami 21, the parties further
acknowledge and agree that all (i) Alcohol Service Establishments (up to the
maximum number authorized herein), (ii) Liquor Package Stores (up to the
maximum number authorized herein), (iii) Food Service Establishments, and (iv)
other establishments with an alcoholic beverage license which are otherwise
exempt from distance separation requirements pursuant to Chapter 44(h) of the
City Code shall be permitted By Right (as defined in Miami 21) within the BCC
650 SMA/AP Project, in accordance with Article 4, Table 3 and Article 6, Table
13 of the Regulating Plan, and shall not require any specific administrative or
public hearing approval (i.e., no SAP Permit, Waiver, Warrant or Exception)
under Miami 21, the City Code or the Regulating Plan for the establishment or
continuation of such use. Notwithstanding the above, all Alcohol Service
Establishments and Liquor Package Stores on the "BCC AP" block must be
approved by SAP Permit.
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(d) Except as otherwise stated herein, notwithstanding the requirements of Chapter 4
of the City Code, restrictions relating to the maximum number and/or location of
Alcohol Service Establishments and Liquor Package Stores, including but not
limited to, required distances from churches, residential districts, schools and
other Alcohol Service Establishments and Liquor Package Stores, whether within
or outside the BCC 650 SMA/AP Project, shall not be applicable to any Alcohol
Service Establishment, Liquor Package Store, or Food Service Establishment
within the BCC 650 SMA/AP Project. In addition, Liquor Package Stores within
the BCC 650 SMA/AP Project shall not be limited to the first floor of a
Development.
Section 13. Job Creation. Developer shall
development entities regarding job training an
seeking employment opportunities with potential
businesses within the BCC 650 SMA/AP Project.
Section 14. Local Development Permits.
consult with local and state economic
d job placement services to City residents
employers which will locate or establish
(a) The Development of the BCC 650 SMA/AP Property in accordance with
the Existing Zoning is contemplated by Developer. The BCC 650 SMA/AP
Project may require additional permits or approvals from the City, County,
State, or Federal government and any divisions thereof. Subject to required
legal process and approvals, the City shall make a good faith effort to take all
reasonable steps to cooperate with and facilitate all such approvals,
including acting as an applicant or co -applicant when applicable. Such
approvals include, without limitation, the following approvals and permits
and any successor or analogous approvals and permits:
(i) Subdivision plat (including public right-of-way vacation/closure)
or waiver of plat approvals;
(ii) Covenant in Lieu of Unity of Title, Unity of Title, or Restrictive Covenant
acceptance or the release of existing unities or covenants;
(iii) Building permits;
(iv) Certificates of use;
(v) Certificates of occupancy;
(vi) Stormwater permits;
(vii) DDRI approval, modification, or exemption; and
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(vin) Any other official action of the City, County, or any other
government agency having the effect of permitting Development of the
BCC 650 SMA/AP Project.
(b) In the event that the City substantially modifies its land Development
regulations regarding site plan approval procedures, authority to approve any
site plan for a project on the BCC 650 SMA/AP Property shall be vested solely in
the City Manager's designee(s), with the recommendation of the Planning
Director and other departments, as applicable. Any such site plan shall be
approved if it meets the requirements and criteria of the Existing Zoning, the
Comprehensive Plan, and the terms of this Agreement, and is also consistent
with Swire's BCC Agreement.
Section 15. Consistency with Comprehensive Plan. The City finds that Development of
the BCC 650 SMA/AP Property in conformity with the Existing Zoning is consistent with
the Comprehensive Plan. As of the Effective Date, Developer is conducting an extensive
analysis of the Public Facilities available to serve the BCC 650 SMA/AP Project. In the
event that the Existing Zoning or the Comprehensive Plan requires Developer to provide
additional Public Facilities to accommodate the BCC 650 SMA/AP Project, Developer will
provide such Public Facilities consistent with the timing requirements of Section 163.3180,
Florida Statutes (2017). Developer shall be bound by the City impact fees and
assessments in existence as of the Effective Date of this Agreement.
Section 16. Necessity of Complying with Local Regulations Relative to Development
Permits. 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 Developer of the necessity of complying with the regulation governing said
permitting requirements, conditions, fees, terms, licenses, or restrictions.
Section 17. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit
the Development of the BCC 650 SMA/AP 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 BCC 650 SMA/AP Property in a manner
consistent with (i) the Existing Zoning or the Comprehensive Plan, (ii)
any zoning change subsequently requested or initiated by Developer in
accordance with applicable provisions of law, or (iii) any zoning change
subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a
waiver of, or limitation upon, the rights, including, but not limited to, any
claims of vested rights or equitable estoppel, obtained or held by Developer or
its successors or assigns to continue Development of the BCC 650 SMA/AP
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Property in conformity with Existing Zoning and all prior and subsequent
Development permits or Development orders granted by the City concerning this
BCC 650 SMA/AP Project.
Section 18. Annual Review.
(a) Developer shall provide the City on an annual basis a status of the BCC 650
SMA/AP Project in order for the City to conduct an annual review of the
Development. This requirement shall commence twelve (12) months after the
Effective Date. For ease of reference, the City shall accept one (1) single annual
review for the entire Brickell City Centre SAP that satisfies the obligations of
Developer in this Agreement and the requirements in Swire's BCC Agreement.
The annual review shall include a review of the overhead pedestrian connections
between the various blocks of Brickell City Centre, in particular the hours that
they are open to the public.
(b) During its annual review, the City may ask for additional information not
provided by Developer. Any additional information required of Developer
during an annual review shall be limited to that necessary to determine the
extent to which Developer is proceeding in good faith to comply with the
terms of this Agreement.
(c) If the City finds on the basis of competent substantial evidence that Developer has
not proceeded in good faith to comply with the terms of the Agreement, the City
may terminate or amend this Agreement after providing 30 days written
notice to Developer and after a public hearing before the City Commission.
Section 19. Notices.
(a) 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: With a copy to:
City Manager City Attorney
City of Miami Miami Riverside Center
3500 Pan American Drive 444 S.W. 2nd Avenue, 9d' Floor
Miami, FL 33133 Miami, FL 33130
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45343279;3
To Developer (TOBACCO ROAD
PROPERTY HOLDINGS, LLC, and
2 INDIAN CREEK HOLDINGS LLC):
Attn:
999 Brickell Avenue
Penthouse 1101
Miami, FL 33131
With a copy to:
Attn: Richard Toledo
999 Brickell Avenue
Penthouse 1101
Miami, FL 33131
To Developer (BCC ROAD IMPROVEMENT With a copy to:
LLC):
Swire Properties, Inc.
Attn: Chris Gandolfo
Three Brickell City Centre
98 SE 7th Street, Suite 601
Miami FL 33131
Akerman LLP
Attn: Spencer Crowley
Three Brickell City Centre
98 SE 7th Street, Suite 1100
Miami FL 33131
(b) Any party to this Agreement may change its notification address(es) by
providing written notification to the remaining Parties pursuant to the terms
and conditions of this section.
Section 20. Exclusive Venue, Choice of Law, Specific Performance. It is mutually
understood and agreed by the Parties hereto, that this Agreement shall be governed by the
laws of the State of Florida, and any applicable federal law, both as to interpretation and
performance, and that any action at law, suit in equity, or judicial proceedings for the
enforcement of this Agreement or any provision hereof shall be instituted only in the courts of
the State of Florida or federal courts and venue for any such actions shall lie exclusively in
a court of competent jurisdiction in Miami -Dade County. In addition to any other legal
rights, the City and 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.
Section 21. Voluntary Compliance. Developer and the City agree that in the event all or
any part of this Agreement is struck down by judicial proceeding or preempted by
legislative action, Developer and the City shall continue to honor the terms and conditions
of this Agreement to the extent allowed by law.
Section 22. No Oral Change or Termination. This Agreement and the exhibits
and appendices appended hereto and incorporated herein by reference, if any, constitute the
entire Agreement between the Parties with respect to the subject matter hereof. This
Agreement supersedes any prior agreements or understandings between the Parties with
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respect to the subject matter hereof, and no change, modification, or discharge hereof in
whole or in part shall be effective unless such change, modification, or discharge is in writing
and signed by the party against whom enforcement of the change, modification, or discharge
is sought and recorded in the public records of the County. This Agreement cannot be
changed or terminated orally.
Section 23. Compliance with Applicable Law. Subject to the terms and conditions of
this Agreement, throughout the Term of this Agreement, Developer and the City shall
comply with all applicable federal, state, and local laws, rules, regulations, codes,
ordinances, resolutions, administrative orders, permits, policies and procedures, and orders
that govern or relate to the respective Parties' obligations and performance under this
Agreement, all as they may be amended from time to time.
Section 24. Representations, Representatives. Each party represents to the other that
this Agreement has been duly authorized, delivered, and executed by such party and
constitutes the legal, valid, and binding obligation of such party, enforceable in accordance
with its terms.
Section 25. No Exclusive Remedies. No remedy or election given by any provision in
this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible,
the remedies granted hereunder upon a default of the other party shall be cumulative and in
addition to all other remedies at law or equity arising from such event of default, except where
otherwise expressly provided.
Section 26. Failure to Exercise Rights not a Waiver, Waiver Provisions. The failure by
either party to promptly exercise any right arising hereunder shall not constitute a waiver of
such right unless otherwise expressly provided herein. No waiver or breach of any
provision of this Agreement shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective unless made in writing.
Section 27. Events of Default.
(a) Developer shall be in default under this Agreement if Developer fails to perform
or breaches any term, covenant, or condition of this Agreement which is not cured
within thirty (30) days after receipt of written notice from the City specifying the
nature of such breach; provided, however, that if such breach cannot reasonably
be cured within thirty (30) days, then 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, covenant, or condition of this Agreement and such failure is
not cured within thirty (30) days after receipt of written notice from a 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.
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(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 either party. The Parties hereby forfeit any right
to terminate this Agreement upon the bankruptcy of the other party. This section
does not absolve Developer of any of its obligations pursuant to the City Code
should it declare bankruptcy, including but not limited to ensuring that all
construction sites, buildings, structures, and excavation sites are safe.
(d) The default of a successor or assignee of any portion of Developer's rights
hereunder shall not be deemed a breach by Developer.
Section 28. 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, 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. Each party
shall bear its own attorney's fees in any such action.
Section 29. Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, hereafter be determined to be invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall continue in full force and effect.
Section 30. Assignment and Transfer. This Agreement shall be binding on Developer and its
heirs, successors, and assigns, including the successor to or assignee of any property interest in
the BCC 650 SMA/AP Property ("BCC 650 SMA/AP Property Interest"). Developer, at its sole
discretion, may assign, in whole or in part, this Agreement or any of its rights and obligations
hereunder, or may extend the benefits of this Agreement, to any holder of a BCC 650 SMA/AP
Property Interest without the prior written consent or any other approval of the City. Any such
assignee shall assume all applicable rights and obligations under this Agreement. Any reference
to Developer in this Agreement also applies to any heir, successor, or assignee of Developer.
Section 31. 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.
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Section 32. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and Developer and neither 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 Developer or its subsidiaries, divisions, or affiliates.
Section 33. Cooperation; Expedited Permitting, and Time is of the Essence.
(a) The Parties agree to cooperate with each other to the full extent practicable
pursuant to the terms and conditions of this Agreement. The Parties agree that
time is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this Agreement. The City shall use its best efforts to expedite the
permitting and approval process in an effort to assist Developer in achieving its
Development and construction milestones. The City will accommodate requests
from 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 Manager will
designate an individual who will have a primary (though not exclusive) duty to
serve as the City's point of contact and liaison with 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.
(b) Notwithstanding the foregoing, the City shall not be obligated to issue any permit
to the extent Developer does not comply with the applicable requirements of the
Existing Zoning, the Comprehensive Plan, this Agreement, applicable building
codes, and any other statute, ordinance, rule, or regulation.
Section 34. Enforcement.
(a) In the event that Developer, its successors, or assigns fails to act in accordance
with the terms of the Existing Zoning or this Agreement, the City shall seek
enforcement of said violation upon the subject BCC 650 SMA/AP Property.
(b) Enforcement of this Agreement shall be by action against any Parties or person
violating, or attempting to violate, any covenants set forth in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this Agreement
shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the court may adjudge to be reasonable for the services of his/her/its
attorney.
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity, or both.
Section 35. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual written agreement of Developer and the
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City. Prior to any amendment or termination of this Agreement during its term, the City shall
hold two (2) public hearings before the City Commission to consider and deliberate such
amendment or termination. Any amendment or termination shall be recorded in the public
records of the County at Developer's sole cost.
Section 36. Third Party Defense. The City and 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 BCC 650 SMA/AP Project, or objecting to any aspect thereof,
including, without limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida
Statutes (2010), (ii) a petition for writ of certiorari, (iii) an action for declaratory judgment, or
(iv) any claims for loss, damage, liability, or expense (including reasonable attorneys' fees). The
City and 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.
Section 37. No Conflict of Interest. Developer agrees to comply with Section 2-612 of the
City Code as of the Effective Date, with respect to conflicts of interest.
Section 38. No Third -Party Beneficiary. No persons or entities other than Developer and the
City, their heirs, permitted successors, and assigns, shall have any rights whatsoever under this
Agreement.
Section 39. 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.
Section 40. AbuttingProperty Owners. The City and Developer have a mutual interest in
ensuring that construction of the BCC 650 SMA/AP Project proceeds in a manner which is
respectful of and sensitive to owners of property abutting the BCC 650 SMA/AP Project
("Abutting Owners"). In recognition of this concern, during construction of the BCC 650
SMA/AP Project, Developer agrees to ensure that Abutting Owners are compensated for any
actual damages which directly result from accidental loss of utility service caused by Developer,
its contractors, or subcontractors.
Section 41. Status. Upon request from time to time by Developer, or its successor, assigns, or
any mortgagee of Developer, its successor, or assign, the City shall deliver to such requesting
party a letter (in recordable form, if requested) stating whether the obligations of Developer or its
successor or assign under this Agreement are current and in good standing or have been satisfied.
In the event Developer or its successor or assign is not current in its obligations or such
obligations are not satisfied, said letter shall state the particular manner in which such person's
obligations under this Agreement are not current and in good standing or have not yet been
satisfied.
Section 42 Estoppel. Within ninety (90) days of receipt of written request from a Developer
party, the City Manager or his designee, on behalf of the City, shall execute an estoppel
certificate or similar document, in form and substance reasonably acceptable to the City
Attorney, affirming Developer's compliance with the conditions set forth in the Agreement.
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Should the City fail to execute the requested estoppel certificate within the aforementioned time
period, the City's non -response shall be presumed to indicate Developer's compliance with the
terms of the Agreement.
NOW, WHEREOF, the City and Developer have caused this Agreement to be duly
executed.
[Signature blocks for City and Developer on next pages]
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45343279;3
Signed, witnessed, executed and acknowledged this
Witnessed by:
Printed:
Printed:
STATE OF )
ss:
COUNTY OF )
day of , 2018.
THE CITY OF MIAMI,
a Florida municipal corporation
ME
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2018 by 'the of THE CITY OF
MIAMI, a Florida municipal corporation. He/She is personally known to me or presented
as identification and who did not take an oath.
Notary Public, State of
NOTARY SEAL/ STAMP Print Name
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45343279;3
Signed, witnessed, executed and acknowledged this day of , 2018.
Witnessed by: TOBACCO ROAD PROPERTY HOLDINGS, LLC,
a Florida limited liability company
Printed:
Name:
Title:
Printed:
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2018 by , the of TOBACCO ROAD
PROPERTY HOLDINGS, LLC, a Florida limited liability company. He/She is personally
known to me or presented as identification and who did not take an oath.
Notary Public, State of
NOTARY SEAL/ STAMP Print Name
Page 23 of 30
45343279;3
Signed, witnessed, executed and acknowledged this
Witnessed by:
Printed:
Printed:
STATE OF )
ss:
COUNTY OF )
day of , 2018.
2 INDIAN CREEK HOLDINGS, LLC
a Florida limited liability company
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2018 by , the of 2 INDIAN
CREEK HOLDINGS, LLC, a Florida limited liability company. He/She is personally known
to me or presented as identification and who did not take an oath.
Notary Public, State of
NOTARY SEAL/ STAMP Print Name
Page 24 of 30
45343279;3
Signed, witnessed, executed and acknowledged this
Witnessed by:
Printed:
Printed:
STATE OF )
ss:
COUNTY OF )
day of , 2018.
BCC ROAD IMPROVEMENT LLC,
a Florida limited liability company
in
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2018 by , the of BCC ROAD
IMPROVEMENT LLC, a Florida limited liability company. He/She is personally known to me
or presented as identification and who did not take an oath.
Notary Public, State of
NOTARY SEAL/ STAMP Print Name
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Exhibit "A"
BCC 650 SMA Propertv Legal Description:
Parcel l:
A portion of Lot 18, in Block 38-A, AMENDED PLAT OF BLOCK 38-A AND THE
NORTH HALF OF BLOCK 53-5, CITY OF MIAMI, according to the Plat thereof, as
recorded in Plat Book 1 at Page 74 of the Public Records of Miami Dade County, Florida,
more particularly described as follows:
Beginning at the Southeast corner of said Lot 18, run South 87°37'17" West, along the
South line of said Lot 18, for a distance of 50.01 feet to the Southwest corner of said Lot
18; thence run North 02'16'37" West, along the West line of said Lot 18 for a distance of
90.55 feet to a point; thence run North 55'10'03" East for a distance of 18.32 feet to a
point of curve; thence run Northeasterly along the arc of a circular curve, concave to the
Southeast, having a radius of 2856.29 feet, through a central angle of 00°49'08", for an
arc distance of 40.83 feet to a point on the east line of said Lot 18; thence run South
02°16'38" East, along the East line of said Lot 18, for a distance of 122.05 feet to the
Point of Beginning.
Parcel 2:
All of Lots 19, 20 and 21, Block 38-A of AMENDED PLAT OF BLOCK 38-A AND
THE NORTH HALF OF BLOCK 53-5, CITY OF MIAMI, according to the Plat thereof,
as recorded in Plat Book 1 at Page 74, of the Public Records of Miami Dade County,
Florida.
LESS AND EXCEPTING THEREFROM the following portion thereof, to wit:
Commence at the Southwest corner of said Lot 19; thence run North 02°16'38" West,
along the West line of said Lot 19, for a distance of 122.05 feet to the Point of Beginning
of the herein described parcel; thence continue to run North 02°16'38" West, along the
West line of said Lot 19, for a distance of 27.72 feet to the Northwest corner thereof,
thence run North 87°37'22" East, along the north line of said Lot 19 and 20, for a distance
of 53.56 feet; thence run South 60'17'00" West for a distance of 60.35 feet to the Point of
Beginning.
Parcel 3:
Lots 22 and 23 and the South 1/2 of Lot 24, in Block 38-A of AMENDED PLAT OF
BLOCK 38-A AND THE NORTH HALF OF BLOCK 53-5, CITY OF MIAMI,
according to the Plat thereof, as recorded in Plat Book 1 at Page 74, of the Public Records
of Miami Dade County, Florida.
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Parcel 4:
The North 1/2 of Lot 24 in Block 38-A of AMENDED PLAT OF BLOCK 38-A AND
THE NORTH HALF OF BLOCK 53-5, CITY OF MIAMI, according to the Plat thereof,
as recorded in Plat Book 1 at Page 74, of the Public Records of Miami Dade County,
Florida.
Parcel 5:
Lot 1, Block 38-A, OF AMENDED PLAT OF BLOCK 38-A AND THE NORTH HALF
OF BLOCK 53-5, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat
Book 1 at Page 74, of the Public Records of Miami Dade County, Florida.
Parcel 6:
Tract "A", of 602 COMPLEX, according to the Plat thereof, as recorded in Plat Book
139, at Page 41, of the Public Records of Miami -Dade, Florida.
BCC AP Property Legal Description:
Lot 6, in Block 38A, of AMENDED PLAT OF BLOCK 38A AND THE NORTH HALF
OF BLOCK 535, MAP OF MIAMI CO. FLA, according to the Plat thereof, as recorded
in Plat Book 1, at Page 74, Public Records of Miami -Dade County, Florida, LESS that
certain Right of Way for Bridge as recorded in Official Records Book 11897, Page 1864
and in Official Records Book 11913, Page 509, of the Public Records of Miami -Dade
County, Florida
AND
Tract "B" of 602 COMPLEX, according to the Plat thereof, as recorded in Plat Book 139,
Page 41, of the Public Records of Miami -Dade, Florida.
AND
Lot 4, Block E, SOUTH CITY OF MIAMI, according to the Plat thereof, as recorded in
Plat Book B, at Page 41, of the Public Records of Miami -Dade County, Florida.
AND
Begin at the Southwest corner of Lot 1, Block E, of SOUTH CITY OF MIAMI,
according to the Plat thereof, recorded in Plat Book B, Page 41, thence East 50 feet,
thence North 100 feet to the North line of Lot 2 of said Block E South, thence run West
14.15 feet to the East line of S.W. Miami Avenue Road; thence Southwesterly along
S.W. Miami Avenue Road 45.96 feet to the Northeast corner of Lot 4 of said Block E
South; thence South along the East line of Lot 4, Block E South, 71.31 feet more or less
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to the place of Point of Beginning; same being the West 50 feet of Lot 1 and the West
fractional part of Lot 2, Block E of SOUTH CITY OF MIAMI, Plat Book B, Page 41,
Public Records of Miami -Dade County, Florida.
AND
A portion of Lots 1, 2, and 3, of Block E S, MAP OF MIAMI, according to the plat
thereof as recorded in Plat Book B and Page 41, of the Public Records of Miami -Dade
County, Florida, being more particularly described as follows:
Commence at the Southwest Corner of Lot 4, of said Block E S; thence N48°58'24"E
along the Southeasterly Right -of -Way Line of S.W. Miami Avenue Road for a distance
of 160.14 feet to the Southwest Corner of said Lot 3; said point also being the POINT OF
BEGINNING of the hereinafter described Parcel of land: thence N48°58'24"E continuing
along said Right -of -Way Line for a distance of 49.43 feet to a point of curvature with a
circular curve concave Southeasterly; thence Northeasterly to the right along the arc of
said curve having for its elements a Radius of 25.00 feet, through a central angle of
23°38'04" for an arc distance of 10.31 feet to a point of tangency; thence N72°36'28"E
for a distance of 9.39 feet to a point of intersection with the "Limits of Construction
Line" as shown on the Dade County Public Works Department Right -of -Way Map
Section No. 87513-2644 dated March 1981, Revised January 1983; thence S02°16'45"E
along said "Limits of Construction Line" for a distance of 13.68 feet to a point of
curvature convave Westerly; thence continuing along said "Limits of Construction Line"
Southwesterly to the right along the arc of said curve having for its elements a Radius of
250.25 feet, through a central angle of 29°47'13" for an arc distance of 130.10 feet to a
point of intersection with the South line of said Lot 1 being non -tangent to the
aforementioned curve; thence S87°37'19"W along the South Line of said Lot 1 also being
the North Right -of -Way line of SW 6th Street, for a distance of 9.50 feet; thence
NO2° 17'41 "W along the East line of the West 50.00 feet of said Lots 1 and 2 for a
distance of 100.01 feet to a point of intersection with the South line of said Lot 3; thence
S87°37'19"W along said South line for a distance of 14.15 feet to the POINT OF
BEGINNING.
AND
A portion of Southwest 6th Street being more particularly described as follows:
Begin at the Northwest corner of Lot 6 in Block 38A of AMENDED PLAT OF BLOCK
38A AND THE NORTH HALF OF BLOCK 535, according to the Plat thereof, as
recorded in Plat Book 1 at Page 74, of the Public Records of Miami -Dade County,
Florida; thence North 87°37'27" East along the North line of said Lot 6, also being the
South Right Of Way line of said Southwest 6th Street, also being the North line of Tract
"B" of 602 COMPLEX, according to the Plat thereof, as recorded in Plat Book 139 at
Page 41 of said Public Records for 180.37 feet to the Northeast corner of said Tract "B",
said corner lying and being on the Northwesterly Limited Access Right Of Way Line and
a point on a circular curve, concave to the Northwest and whose radius point bears North
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50°56'14" West; thence Northeasterly along said Limited Access Right Of Way Line and
being a 255.25 foot radius curve, leading to the left, through a central angle of 07°05'10"
for an arc distance of 31.57 feet to a point on a non -tangent line; thence North 28°54'02"
East along said Limited Access Right Of Way line for 19.13 feet to a point on a circular
curve, concave to the Northwest; thence Northeasterly along said Limited Access Right
Of Way Line and being a 254.75 foot radius curve, leading to the left, through a central
angle of 02° 16'35" for an arc distance of 10.12 feet to a point on the North Right Of Way
line of Southwest 6th Street; thence South 87°37'27" West along the South line of Lot 1
and Lot 4 of BLOCK E S, of MAP OF MIAMI, according to the Plat thereof, as recorded
in Plat Book B at Page 41, of said Public Records and said North Right Of Way Line for
153.71 feet to a point on the Southeasterly Right Of Way line of Southwest Miami
Avenue Road, also being the Southwest corner of Lot 4; thence South 48°18'26" West for
78.91 feet to the Point of Beginning.
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Exhibit "B"
[to be provided]
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