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MB RDA APPROVED PROJECT MARCH 2, 1977 1r APPROVED REDEVELOPMENT PLAN FOR THE SOUTH BEACH REDEVELOPMENT PROJECT MIAMI BEACH, FLORIDA Adopted by the City Commission of the City of Miami Beach by Resolution No. 77-15283 , March 2 , 1977 and incorporating Amendments approved by Resolution No. 77-15283 March 2 , 1977 op CONTENTS PAGE NO. I. INTRODUCTION 1 II. GENERAL DEFINITIONS 2 III. BOUNDARY DESCRIPTION 4 IV. REDEVELOPMENT OBJECTIVES 6 V. SUMMARY OF PROPOSED ACTIONS AND REDEVELOPMENT 8 TECHNIQUES TO ACHIEVE PLAN OBJECTIVES V I. LAND USES, REGULATIONS AND CONTROLS 10 A. Project Boundary and Land Use Plan 10 B. Preferred and Alternative Land Uses 10 1 . Multi-Use Commercial 10 2. Residential 12. 3. Public 12 C. Parks, Recreation, and Open Space 13 D. Streets and Rights of Way 13 E. General Controls and Limitations 15 1 . Standards for Development 16 2. Architectural Guidelines 17 3. Illustrative Development Plan and 17 Illustrative Development Data 4. New Construction 18 5. Rehabilitation 18 • 6: Open Spaces and Landscaping 18 7. Signs 19 4 8. Utilities 19 9. Incompatible Uses . 19 CONTENTS 0, Page Three PAGE NO. VII. H. 1 . (Continued) (c) Obligations to be Imposed on 28 Redevelopers VIII. METHODS FOR FINANCING THE PROJECT 30 tion of the Proposed Financing n 3 0 A. General Description 9 Method B. . Loans and Grants t 30 C. Estimate of Costs 31 IX. ACTIONS BY THE CITY 32 X. ENFORCEMENT 34 XI. DURATION OF THIS PLAN 35 XII. SEVERABILITY 36 XIII. PROCEDURES FOR CHANGES IN APPROVED PLAN 37 XIV. EXHIBITS Exhibit A: Project Boundary and Land Use Plan Exhibit B: Property Retention, Rehabilitation and Acquisition Plan Exhibit C: Illustrative Development Plan Exhibit D: Illustrative Development Data , XV. AMENDMENTS AND CONDITIONS 38 Amendments included in City of Miami Beach Resolution No. 77-15283 LUF' 1LNIS Page Two PAGE NO. VI. E. (Continued) 10. Nondiscrimination and Nonsegregation 19 11 . Resubdivision of Parcels 19 12. Variations 19 13. Works of Art 20 VII. PROJECT T EXECUTION 21 A. Property Acquisition 21 p y 1 . Acquisition of Real Property 21 2. Acquisition of Personal Property 22 B. Owner Participation 22 C. Rehabilitation 24 D. Business Tenant and Owner Preferences 24 E. Cooperation with Public Bodies 24 F. Property Management 25 p y 9 G. Relocation of Persons Displaced 25 1 . Assistance in Finding Other Locations 25 2. Relocation Payments 26 3. Relocation Rules and Regulations 26 4. Demolition, Clearance, Public Improve- 26 ments, Building and Site Preparation (a) Demolition and Clearance 26 (b) Public Improvements 26 (c) PrePPreparation of Building and 27 Development Sites H. Property .Disposition and Development 27 1 . Real Property Disposition and $ 27 • P y Development (a) General 27 (b) Purchase and Development 28 E-17 Documents v► I . INTRODUCTION The Redevelopment Plan for the South Beach Redevelopment Project, hereinafter referred to as "The South Beach Redevelopment Plan" or "This Plan" consists of this text of 33 pages, and two maps (Exhibit A: Project Boundary and Land Use Plan and Exhibit B: Property Retention, Rehabilitation and Acquisition Plan). Exhibit A: Project Boundary and Land Use Plan generally describes the boundaries of the redevelopment project and identifies areas to which permitted and conditional land uses apply. The boundaries of the redevelop- ment area are most specifically described in Section III , Boundary Description. Land uses, regulations and controls are set forth in Section VI of This Plan. Exhibit B: Property Retention, Rehabilitation and Acquisition Plan identifies properties proposed for acquisition, properties with structures proposed for rehabilitation, and properties with structures proposed to be retained. Section VII, Project Execution, describes property acquisition, owner participation, rehabilitation, and other steps which will be taken to carry out the redevelopment project. An Illustrative Development Plan (Exhibit C) and a table, Illustrative Development Data (Exhibit D) , are included herein to generally indicate the type, size, bulk, density, and intensity of permitted development as well as the generalized configurations of development parcels which may be offered for resale or lease pursuant to this Plan. Exhibits C and D are illustrative only. The final development of the project area may differ from Exhibits C and D provided it satisfies the limitations and restrictions otherwise set forth herein. This Plan has been prepared by the Miami Beach Redevel 9pment Agency, City of Miami Beach, Florida, pursuant to the Community Redevelopment Act of the State of Florida, The Constitution of the State of Florida, and all applicable laws and local ordinances. -1- II. GENERAL DEFINITIONS I. The following references will be used in This Plan unless the context otherwise requires: A. "Agency" means the Redevelopment Agency of the City of Miami Beach, Miami Beach, Florida. B. "City" means the City of Miami Beach, Florida. ! C. "County" means Dade County, Florida. D. "General Plan" means the Miami Beach General Plan. E. "Map" means the Project Boundary and Land Use Plan (Exhibit A); the Property Retention, Rehabilitation and Acquisition Plan (Exhibit B); and the Illustrative Development Plan (Exhibit C). F. "Owner" means any individual or entity owning "real property" as defined herein. G. "Person" means any individual , or any public or private entity. H. "Personal property" means movable property, chattels, property not part of real property defined below. I. "Plan" means the South Beach Redevelopment Plan. J. "Planning Commission" means the Planning Commission of the City of Miami Beach, Florida. K. "Project Area" means the area included within the boundaries of the South Beach Redevelopment Project. L. "Project" means South Beach Redevelopment Project. M. "Real Property" means land; including land under water and waterfront property; buildings; structures, fixtures, and Improvements on the land; and property appurtenant to or used in connection yth the land; every estate, interest privilege, easement, franchise, and right in land, including but not limited to rights-of-way, terms for years, and liens, charges, or encumbrances b .w y ai of judgment, mortgage or otherwise and the indebtedness 02-secured by such liens. -2- ' 4 1 N. "Redevelopment Law" means the Community Redevelopment Law of the State of Florida, Code Section 163.330 et eq. 0. "State" means the State of Florida. P. "Zoning Ordinance" means the current Zoning Ordinances of the City of Miami Beach, Florida. <F)/ _3_ • a , III . BOUNDARY DESCRIPTION The South Beach Redevelopment Project Area, hereinafter called the "project area" , is delineated on the Project Boundary and Land Use Plan Map designated as Exhibit A, and is more par- ticularly described as follows : All that real property in the City of Miami Beach, County of Dade, State of Florida, within the following-described boundaries : Beginning at the Northwesterly corner of LOT 2 , BLOCK 1 , FLEETWOOD SUBDIVISION according to THE AMENDED PLAT thereof as recorded in Plat Book 28, Page 34 of the Public Records of Dade County, Florida; Thence run Easterly along the Northerly line of said LOT 2 for a dis- tance of 150 .7 feet more or less to a point, said point being the Northeasterly corner of said LOT 2; Thence continue along above mentioned course for a distance of 50 feet more or less, across West Avenue, to the intersection with Westerly line of BLOCK 2 , FLEETWOOD SUBDIVISION, according to the AMENDED PLAT thereof as recorded in Plat Book 28 , Page 34 of the Public Records of Dade County, Florida; Thence run Southerly along the Westerly line of said BLOCK 2 for a distance of 160. 3 feet more or less to a point, said point being a Point of Curvature (P.C. ) of a circular -curve concave to the Northeast anS having for its elements a radius of 15 feet and a central angle of 90 ; Thence run along said circular curve an arc, distance of 23 . 6 feet more or less to the Point of Tangency (P.T. ) ; Thence Easterly along the Northerly line of Sixth Street for a distance of 2679. 4 feet more or less to the Point of Intersection with the Easterly line of Washington Avenue; Thence run Southeasterly along said Easterly line of Washington Avenue for a distance of 164 . 3 feet more or less to the point of Intersection with the Northerly line of a 20 foot alley known presently as Sixth Street; Thence run Easterly along the Northerly line of said Sixth Street for a distance of 713 . 7 feet more or less to the Point of Intersection with the Easterly line of Ocean Drive; Thence continue along above described course (Norther4ly line of Sixth Street projected Easterly) for a distance of 1400 feet more or less to a point; Thence run Southwesterly along the line parallel to and 1680 feet -4- more or less Easterly of the East line of Collins Avenue for a distance of 2800 feet more or less to a point; Thence run Southeasterly at an angle of 900 with the previous course at a distance of 660 feet more or less to a point; Thence run Southwesterly at an angle of 900 with the previous course a distance of 2100 feet more or less to a point; Thence run Westerly along the line parallel to and 300 feet more or less South of the Northerly limits of Government Cut for a distance of 3900 feet more or less to a point; Thence run Northwesterly along the line parallel to and 620 feet more or lets Southwest of existing bulkhead line (M.H.W. Line) for a dis- tance of 1000 feet more or less to a point; Thence run Southwesterly at an angle of 900 with the previous course a distance of 95 feet more or less to a point; Thence run Northwesterly at an angle of 90° with the previous course a distance of 500 feet more or less to a point; Thence run Northeasterly at an angle of 900 with the previous course for a distance of 95 feet more or less to a point; Thence run Northwesterly along the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H.W. Line) for a dis- tance of 2500 feet more or less to a point; Thence Easterly along the line parallel _to and 175 feet more or less North of the North line of Sixth Street produced Westerly for a dis- tance of 930 feet more or less to the Point of Beginning. % ii -5- IV. REDEVELOPMENT OBJECTIVES The Miami Beach Redevelopment Agency proposes to use the process of redevelopment to eliminate many aspects of visual , economic, physical , and social blight presently existing within the City of Miami Beach specifically within the boundaries set forth in the South Beach Project Area. Within this area there presently exists an incompatible mix of residential and commercial , as well as public and quasi-public uses. The physical characteristics of the structures themselves are on the decline and most structures presently exhibit advanced stages of physical deterioration. Property ownership within the area is highly fragmented to the point that land assemblage for proper economic utilization of the area is thwarted. In addition to the physical deterioration of the area and its attendant economic disuse and stagnation, the lot layouts do not focus outwardly to the ocean or bay as does much of the rest of the City thereby retarding its development. The lack of early comprehensive planning plus the general aging of the structures within the area have resulted in an adverse mixture of residential , commercial and some light industrial uses which constitute a visual blighting influence on the area as well as a gross misuse of land. Many of the structures are outdated and functionally obsolete as well as unfit and unsafe for occupancy. This fact combined with the abundance of small privately held unassembl abl a parcels has hindered the rejuvenation of the project area. These conditions contribute substantially and increasingly to the problems of, and necessitate disproportionate expenditures for, preservation of public health and safety, the maintenance of adequate police, fire, accident, hospitalization, and other public services and facilities. 4 _6- The central objective of this Plan is to renew and create economic stimulation within this area to create an environment which will establish this area as the focal point of the community, to create a functioning balance of commercial (retail and office) and public space as well as to provide limited residential uses which will re-establish the aesthetic, economic and social viability of the project area. Within this broad objective the Agency intends to undertake over a period of years the redevelopment of the project area by acquiring, pursuant to the limitations set forth in this Plan, most of the real property within the project area for new development purposes and provide the necessary site preparation of all land within the project area designated for lease/resale to private developers pursuant to the conditions set forth in this plan. The Agency will provide in conjunction with new development and the limited rehabilitation of some existing structures which may remain pursuant to this Plan, the necessary public improvements to upgrade the physical , cultural , and economic character of the project area. The specific objectives of the Agency in undertaking this redevelopment program are to: 1 . Provide the framework within which restoration of the economic and social health of the project and its environs will be accomplished by private actions. 2. To assist in the suitable re-establishment of businesses and institutions which will be displaced by the project and to provide adequate housing opportunities for families and single individuals. 3. Guide development towards the production of satisfying environment preserving and enhancingthe unique aesthetic and cultural ualfties of the city. P 9 q q 4. Stimulate and attract private investment, thereby improving the city's economic health, employment opportunities, and the tax base. 7- V. SUMMARY OF PROPOSED ACTIONS AND REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES In order to restore a long blighted area to economic health, arrest its adverse effects on surrounding areas and make it a source of pride to persons residing and working in Miami Beach or visiting the City, the Redevelopment Agency, in accord with applicable state and local laws, will remedy or cause to be remedied conditions causing blight by the following measures: 1 . Acquisition of real property by purchase, gift, devise, exchange, condemnation or any other lawful means under conditions set forth in Section VII A herein. 2. Demolition, removal or clearance of existing buildings, structures and improvements and preparation of the project area for its intended uses in accordance with this Plan. 3. Rehabilitation, alteration, modernization, general improvement or combination thereof (hereinafter called rehabilitation) of certain existing structures as set forth in Section VII B and C herein. 4. Relocation of site occupants presently residing in structures which are acquired by the Agency pursuant to State law an'd as more particularly set forth in Section VII G herein. The Agency further proposes to extend relocation assistance to businesses and institutions tc be displaced by the project. 5. Installation, construction or reconstruction of streets, utilities, landscaping, public plazas, parks and recreational facilities and areas , pedestri anways, waterways and other necessary site improvements. 6. Disposition by sale or lease of property within the project area to private enterprises and to public agencies for public purposes for uses in a accord with this Plan and with such other conditions and covenants running with the land as are necessary to insure redevelopment in accord with this Plan and the prevention of the recurrence of blight. 9;74 _g_. 7. Formulation and administration of rules governing reasonable pre- ference to persons who are engaged in business in the project area to re-enter in business within the redeveloped area if feasible. 8. Formulation and administration of rules governing the right of owners to participate in the redevelopment process by rehabilitating their property by execution of owner participation agreements for those parcels designated in this Plan to be retained and rehabilitated. 9. Management of property acquired by the Agency from the time the Agency takes title to the property until disposition of same in accord with this Plan. i ?\C-' 9 . VI . LAND USES, REGULATIONS AND CONTROLS The preferred and alternative land uses of this Plan are consistent with and conform to the Miami Beach General Plan. A. Project Boundary and Land Use Plan A land use map showing project boundaries, preferred land uses, and major circulation routes within the project area is attached hereto as Exhibit A. The Agency may approve any development which propose uses consistent with the land uses that are designated "preferred" or "alternative" for any specific development parcel provided such development meets the development standards set forth on page 16. Prior to approval by Agency of any development which does not satisfy the limitations as set forth in the Standards for Development on page 16, the Agency will first obtain the approval of the Miami Beach Planning Board. B. Preferred and Alternative Land Use 1 . Multi-Use Commercial This is a tourist-oriented use designed to provide attractions and services for visitors and residents as well as lodging for tourists. The multi-use commercialareas as designateed on the attached Exhibit A shall be developed for uses which may include, but shall not be limited to the following: a. Preferred Uses (1) Transient hotels, including related facilities as restaurants, retail shops, and meeting rooms and convention facilities. 10- (2) Retail shops (3) Entertainment and amusement facilities (4) Eating and drinking establishments (5) Recreational facilities (6) Public and private clubs (7) Marine dockage and marine-oriented commercia1.. establishments within a building (8) Parking within a building b. Alternative-Uses (1) Residential hote.4, apartments, and condominiums (2) Offices (3) Dry boat storage; boat repair and maintenance facilities; marine fuel service facilities (4) Cruise, charter boat, and fishing boat terminals and facilities -11- ci27 *. (5) Parking outside of a building 2 . Residential These are residential uses to be developed primarily with apartments, condominiums, and single family residences for permanent occupancy supported by commercial, service, and professional uses . a. Preferred Uses (1) Apartments, condominiums, and single family residence: (2) Community facilities (3) Resident serving retail shops., medical-dental facilities, and personal service establishments (4) Marine dockage (5) Private clubs (6) Parking within a building b. Alternative Uses (1) Transient apartments and condominums (2) Offices (3) Tourist service retail shops (4) Eating and drinking establishments (5) Educational and cultural facilities (6) Institutional facilities (7) Entertainment and amusement facilities (8) Parking outside of a building 3 . Public This is a public right-of-way, open space and recreational use a. Preferred Uses (1) Public street, waterway, pede str i an, or other rights-of-way (2) Public parks, beaches, playgrounds, and open spaces 9(..? -12- (3) Publicly owned recreational facilities , marinas , and marine related commercial uses (4) Publicly owned and operated retail shops, restaur- ants, and sidewalk cafes (5) Publicly owned community facilities (6) Municipally owned parking areas and structures b. Alternative Uses (1) Publicly owned and privately operated or privately owned and operated recreational facilities, retail shops, restaurants, and sidewalk cafes . C. Parks, Recreation, and Open Space Park and recreational facilities as well as public open space shall be developed in a manner consistent with the goals set forth in this Plan. Specific areas have been designated in Exhibit A for such purposes. However, open space and public areas as well as any public buildings which may be necessary in providing services to the public are permitted uses throughout the project area. D. Streets and Rights-of-Way Exhibit A delineates areas for public use, including major new streets. Many existing streets will not be retained. Streets within the project area may by widened, altered, or vacated for pur- poses of development of the project. New streets or other rights-of- way including waterways may be created as necessary. These public rights-of-ways shall be used for vehicular, marine, and/or pedestrian traffic as well as for public improvements, public and private util- S ities, and activities typically found in public rights-of-way. To further implement this Plan, the Agency is authorized to convey development rights or permis_s.ion for the construction of structures _1.3_ above, below, and between purlic rights-of-way and public areas in such locations as may be feasible, consistent with the objectives of this Plan and as approved by the City of Miami Beach. s /oa -14- E. General Controls and Limitations All real property in the project area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the provisions of this Plan and all applicable State and local laws in effect from time to time. 1 . Standards for Development The Standards for Development for new construction and rehabilitation applicable to each Development Parcel are set forth in the following chart: •1 l CD1 —15— STANDARDS FOR DEVELOPMENT MINIMUM MAXIMUM MAXIMUM PARKING HEIGHT HT FLOOR AREA REQUIREMENTS LAND UES (STORIES) (3) RATIO (FAR) (SPACES) (1) (2) (3) 1. MULTI-USE COMMERCIAL a. Parcels A, D, E-1, E-2 15 4 to 1 ) ( Specialty Shops - 2.0/1,000 s.f. E-3, I, J, K, L, M, ) ( Restaurants/General Retail -3/1,000 s.f. N, P, S, T, U, X, and Y ) -------( Marina Retail - 2/1,000 s.f.- ( Boat Storage (wet) - 0.1/berth .. b. Parcels G and G 40 4 to 1 ) ( Boat Storage (dry) - 0.5/berth 1 2 3) ( Office - 2.5/1,000 S.f. c. ( gross area (s.f.) ( Hotel: hotel 3,045,000 (4,350 units) ( Commercial uses within office 62,500 ( ' hotel - See above retail 471,000 ( Guest Rooms - 1/roan 2. RESIDENTIAL a. Senior Citizen Housing 15 2.5 to 1 0.2/dwelling unit b. Market Rate Housing 15 2.5 to 1 1.2/dwelling unit c. Parcel B (Existing and Proposed) 12 4 to 1 0.2/dwelling unit d. Parcels Q , Q and R''2 10 9 to 1 1.2/dwelling unit • (Existing 3 2 / g e. (3)Max_Unurngross area 2,902,000 s.f. (2,596 units) 3. PUBLIC Multi-Use Commercial in Public Area (See la, above) All Other Uses (To be determined by Agency following review of develppment plans) NOTES: (1) All square footages (s.f.) refer to net rentable area. (\,1 (2) Relief from parking requirements may be granted in those instances where the Agency certifies resolution that the . by parking is will be satisfied in whole or in part by c) other public or private off-street parking facilities constructed or authorized to be cons truc ted . elsewhere in the South Beach Redevelopment Project Area. (3) All maximum and ndnimum quantities and ratios may be exceeded by not more than 10% when approved by the Miami Beachw 1 clri11P_n - A rrAn r_v_ 1 c The Standards for Development relate to both private and public areas within the project area. No new development shall be constructed and no existing improvements shall be substantially modified, altered, repaired, or rehabilitated except in accordance with the Standards for Development. The Agency shall not approve plans for new construction or rehabilitation which do not(comply with the Standards for Development. 2., Architectural Guidelines The Agency is authorized to establish Architectural Guidelines defining: architectural and landscape character; standards for graphics and signing; traffic circulation and ingress-egress requirements; and any other design and development objectives and controls necessary to implement this Plan. Said Guidelines shall be established within the limits , restrictions, and controls established in this Plan. The Agency will prepare and adopt the Architectural Guidelines and once adopted, shall use said Guidelines, along with this Plan and the Standards for Development contained herein, as the basis for public or private development within the project. 3. Illustrative Development Plan and Illustrative Development Data Attached hereto as Exhi bi is C and D are an Illustrative Development Plan and an Illustrative Development Data table. The plan and table are illustrative of the use, size, bulk, density and intensity of permissible development within the project. It should be understood that Exhibits C and D are illustrative only, and that development need not conform to Exhibits C and D which are intended only as a guide. The Agency may approve plans for development which vary from Exhibits C and D provided that said plans are in conformity with this Plan, the Standards for Development, and the Architectural Guidelines. / 03 —17— • r 4. New Construction All new construction shall comply with all applicable local laws in effect from time to time, except as inconsistent with this Plan or agreements entered into by the Agency under the authority of this Plan. All setback areas shall be landscaped and maintained by the owners with the exception of any portion necessary for access which shall be paved in accordance with the landscaping concept established by this Plan. Parking facilities shall be provided in accordance with the criteria set forth in the Plan at the ratio, if any, set by this Plan. All parking shall be paved and drained so that storm and surface waters draining from parcels will not cross public sidewalks, and all parking spaces visible from the street shall be landscaped as necessary to prevent unsightly barren appearances. Off-street loading facilities, trash areas, and any outdoor storage of materials approved by the Agency shall be adequately enclosed or screened by walls , landscaping, or other such enclosure consistent with applicable City ordinances and in a manner approved by the Agency. 5. Rehabilitation Any structure within the project area which will be retained as part of this Plan shall not be repaired, altered, reconstructed, or rehabilitated unless it is .done so in conformance with this Plan and the Architectural Guidelines adopted by the Agency to assist in the implementation of this Plan. 6. Open Spaces and Landscaping The approximate amount of open space to be provided within the project area is set forth in Exhibit A and the Standards for Development set forth in VI El and is included as part of the goals and objectives of this Plan. These areas include, but are not limited to, the total of all areas which will be in public rights-of-way, open spaces, the space around buildings, and all other outdoor areas not permitted through applicable limits of land area to be covered by buildings. Landscaping plans shall be required to be submitted A)/ to the Agency for review and approval . —18— ' t 7. Signs Exterior signs necessary for the identification of buildings and premises shall be permitted provided that they comply with the Architectural Guidelines established for the project area. 8. Utilities The Agency shall require that all utilities be placed under- ground including, but not limited to, the following: transformer vaults or pads , water meters and valves; telephone pull boxes, manhole inlets and drain facilities, and cable TV. 9. Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or other similar factors that would be incompatible with the surrounding areas or structures shall be permitted in any part of the project area. 10. Nondiscrimination and Nonsegregation There shall be no discrimination -or segregation based on race, religion, sex, or national origin, permitted, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the project area. 11 . Resubdivision of Parcels After rehabilitation and/or development pursuant to this Plan, no parcel in the project area, including any parcel retained by a conforming owner or participant, shall be resubdi vi ded without the approval of the Agency. 12. Variations Under exceptional circumstances, the Agency is authorized to permit variations from the limits, restrictions, and controls established by this Plan. In order toP ermi t such a variation, the Agency must determine that: -19- a. The application of one or more of the provisions of this Plan would result in unnecessary hardship to the property owner; and b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; and c. Permitting a variation from the limits, restrictions, or controls of this Plan will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which changes a basic land use pursuant to this Plan or which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the objectives of-this Plan. 13. Works of Art The Agency may require public and private developers to supply and incorporate into each development works of art for public view and appre- ciation. ppre- ciation. The Agency may establish rules and regulations governing the provision of said works of art, including cost, placement, and timing. • -20- D VII. PROJECT EXECUTION The redevelopment of the South Beach Redevelopment Project will be undertaken in accordance with the provisions of the Florida Community Redevelopment Act. The Agency may utilize any and all methods of achieving the redevelopment of the project area as authorized by law and more specifically proposes to strive for economic revitalization and beautification within the project area by: A. Property Acquisition 1 . Acquisition of Real Property The Agency proposes to acquire all of the land, real property and interests in land within the project area except for those parcels specifically designated to be retained or which may be rehabilitated pursuant to owner participation agreements entered into and carried out by owners of property as set forth in Sections VII B and C herein. Property proposed to be acquired for clearance and redevelopment is shown as "Properties Proposed for Acquisition" on Exhibit B: Property Retention, Rehabilitation, and Acquisition, attached hereto and by this reference made a part hereof. Real property proposed to be rehabilitated or designated for retention are shown as "Properties With Structures Proposed for Rehabilitation" and "Properties With Structures To Be Retained" respectively on Exhibit B. Properties with structures designated as proposed for rehabili- tation ehabili- tation may be acquired by the Agency if owners do not enter into and carry out owner participation agreements. Additionally, the Agency may acquire any property with structures proposed for rehabilitation if the Agency determines in its sole discretionri or to the execution of an owner- arti bi ati on P P P agreement that it is in the best interest of the Agency to acquire and clear said property for disposition in accordance with this Plan. Any property with structures proposed for rehabilitation may fall into this category. / 0 7 —21— • . Except as specifically exempted herein, the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the project area, by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. The Agency will not acquire real property owned by public bodies which will not consent to its acquisition; provided, however, that any such public property may be acquired by the Agency if it is transferred to private ownership before the Agency completes land disposition within the entire project. 2. Acquisition of Personal Property Generally personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency may acquire personal property in the project area by any lawful means. B. Owner Participation To the extent compatible with the purposes of this Plan and appropriate redevelopment of the project, owners of real property designated on Exhibit B as "Properties With Structures Proposed for Rehabilitation" may, subject to rules and regulations including standards for rehabilitation promulgated by the Agency, be accorded the opportunity to participate in the redevelopment of the project. Such participation shall be contingent upon execution by such owner of a binding agreement (hereinafter called "Owner Participation Agreement") by which the property retained or acquired will be developed and used in con- formity with this Plan, and the Owner Participation Rules and Regulations promulgated by the Agency. Standards for rehabilitation will be set forth in the Owner Participation on Rules and Regulations. + P + —22 • — / 0 [(. . . The Agency may, however, prior to the execution of an Owner Participation Agreement determine in its sole discretion that it is in the best interest of the Agency to acquire property designated as "Properties With Structures Proposed for Rehabilitation". Upon said determination, the property will no longer be eligible for rehabilitation and the Agency may acquire the property from the owner. The Agency may also determine in its sole discretion that it is in the best interest of the Agency to allow "Properties Proposed for Acquisition" as designated in Exhibit B to be retained and rehabilitated pursuant to an Owner Participation Agreement and the Owner Participation Rules and Regulations. Owner participation necessarily will be subject to and limited by such factors as the nature, condition and use of the existing improvements, the reduction of the total number of individual parcels in the project, the elimination of certain land uses, the realignment of streets, the construction of new public facilities and improvements, and the ability of owners to finance acquisition, rehabilitation, and/or redevelopment in accordance with this Plan and in accordance with such controls as may be found necessary to ensure that redevelopment is carried out pursuant to the development standards of this Plan. The Agency will not acquire real property which is retained by an owner under an Owner Participation Agreement unless said owner fails , refuses , or neglects to perform his obligations under said agreement. In the event of failure of an owner to participate pursuant to, and in full compliance with, the terms of an Owner Participation Agreement, the Agency may, at its option, seek specific performance of said agreement or acquire the property of such owner participant i n accordance with the provisions of said agreement and P P P thereafter sell said property for redevelopment in accordance with this Plan. _23_ C. Rehabilitation 1 . The Redevelopment Agency may rehabilitate, or may as a condition of sale, lease, or owner participation, require a redeveloper or an owner participant to rehabilitate, remodel , alter, restore, repair, or otherwise improve the property that is the sUbject of the sale, lease, or Owner Participation Agreement, in a manner prescribed by the Agency. As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any building or other structure to a location within or outside the project area. D. Business Tenant and Owner Preferences Business owners, whether tenants or owners of property within the project area may participate in the redevelopment of the project area in accordance with the Rules for Business Preferences as adopted and subsequently amended by the Agency. In general , these rules will provide that existing business owners and business tenants within the project area beven i preference 9 for re-entry into business within the redeveloped project area provided the business is compatible with the uses and quality of development in the re- developed area and that the business owner or tenant has the financial ability to so re-enter and operate its business. E. Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning undertaking, construction, or operation of this project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and • the highest public good. • Q —24— The Agency by law is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. The Agency shall have the right to impose on all public bodies the planning and design controls contained in this Plan to insurethat present uses and any future development by public bodies conform to the requirements of this Plan. Any public body which owns or leases property in the project area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. F. Property Management During such time as property in the project area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment. G. Relocation of Persons Displaced Relocation of persons and businesses is anticipated. When undertaken, the following standards will apply. • 1 . Assistance in Finding Other Locations The Agency shall assist all families and single persons dis- placed is- placed by the project in finding other locations and facilities. In order to carry out the project with .a minimum of hardship to persons displaced from their homes, the Agency shall assist individuals and families in finding housing that is decent, safe, sanitary, within their financial means, in reasonably con- venient venient locations, and otherwise suitable to their needs. The Agency may also assist in the provision of housing outside the project area for displaced persons. / / —25— 2. Relocation Payments The Agency may pay reasonable moving expenses to persons (including families, business concerns and others) displaced by the project. This provision is not intended to provide incentives for commercial and industrial businesses to move out of the project area. The Agency may make such relocation payments for moving expenses where the Agency determines it is in the best interest of the project and not to do so would create a hardship on the persons involved. The Agency may make such other payments as may be in the best interest of the project and for which funds are available. The Agency shall make all relocation payments required by applicable law. 3. Relocation Rules and Regulations The Agency shall adopt rules and regulations governing the relocation of individuals, families and businesses in the project area. These rules and regulations shall establish the eligibility criteria for .relocation benefits, as well as establishing the amount of relocation payments to be made. These rules and regulations may be amended from time to time. 4. Demolition, Clearance, Public Improvements, Building and Site Preparation (a) Demolition and Clearance The Agency is authorized to demolish, clear or move, buildings, structures, and other improvements from any real property in the project area as necessary to carry out the purposes of this Plan. (b) Public Improvements The Agency is authorized to install and construct or to S cause to be installed or constructed the public improvements and public utilities (within or outside the project area) necessary to carry out this Plan. Such 2-- -26— (b) Purchase and Development Documents To provide adequate safeguards to insure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made subject to the provisions of this Pl an i by leases, deeds, contracts, agreements, declarations of restrictions, or other means. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, convenants, convenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. All property in the project area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, religion, sex, or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the project area. (c) Obligations to be Imposed on Redevelopers (1 ) Purchasers , lessees, owner participants of land within the Project Area shall be required to develop such land in accordance with the provisions of this Plan. The Agency shall have the right to withhold transfer of title to purchasers, lessees or developer of land in order to ensure ful- fillment ul-fillment of said requirement. No building, sign or structure shall be con- structed upon any part of such land unless architectural plans and specifications, showing the nature of such construction, parking, loading, surface treatment and landscaping, the location and orientation of structure(s) on the building site and, when requested, the grading plans for the building site to be built upon, shall have been submitted to, reviewed and approved in writing by the Agency. The Agency shall have the right to refuse to approve any such plans or specifications when in the opinion of the Agency such plans or specifications do not conform with the conditions and objectives of this Plan. —28— h (2) Purchasers, lessees, users , owner participants, or developers of land within the project area must commence the erection of any building, prosecute diligently the work thereon and complete it within such reasonable period of time as agreed upon with the Agency. (3) No purchaser, lessee, owner participant or developer shall resell lease, sublease, or otherwise dispose of land in the project area until t e construction, approved by the Agency, has been completed, except with the prior written consent of the Agency. 1 #, _29_ // . ,. VIII. METHODS FOR FINANCING THE PROJECT A. General Description of the Proposed Fi nanci nq Method Upon adoption of this Plan by the City Council , the Agency is authorized to finance this project with financial assistance from the City of Miami Beach, State of Florida, Dade County, Federal Government, Interest Income, Agency notes and bonds, or any other available source including Property Tax Increments to the extent they are authorized in the State of Florida. The advances for survey and planning and the operating capital for administration of this project may come through loans from the City. Such loans shall be on terms established by the City and the Agency. The City may also supply additional assistance through City loans and grants for various public facilities. Initial funds for project planning and administration have come from the Department of Housing and Urban Development's Community Development Block Grant Funds and this resource may be utilized in the future. There will also be some revenue accruing to the project from interest earned on invest- ments of Agency funds. The Agency is hereby authorized to obtain advances, borrow funds and create indebtedness and other obligations in carrying out this Plan after first submitting a financing summary of each project. The principal and interest on such advances, funds, indebtedness and other obligations , may be paid from any funds available to the Agency. The Agency is authorized to make such pledges as to specific advances, loans, indebtednesses, and other obligations as appropriate, in carrying out the project. '# B. Loans and Grants Any loans, grants, or financial assistance from the United States, or any other public or private source may be utilized if available. /I . —30— C. Estimate of Costs It is estimated that the total cost of project activities to be undertaken pursuant to this Plan will be $130,100,000. It is presently anticipated that Federal and/or State financial assistance will not be utilized in the implementation of the redevelopment program. The repayment of costs of project activities will be satisfied by a combination of dispositionP ro- ceeds from property acquired by the Agency and lease revenue bonds issued by the City or Agency or any other appropriate authority. Y No expenditures will be made by the Agency until such time as adequate funds are available. A more detailed estimate of the total project cost and revenues are set out below: 1. Costs Acquisition $ 70 ,000 ,000 Demolition and Site Clearance 6, 000 , 000 Public Improvements 20, 500, 000 Relocation of Persons and Businesses 25, 000 ,000 Short Term Interest 3, 300, 000 Engineering & Contingencies 5, 300, 000 2. Average Annual Expenses Agency Operating Expenses 350,000 Annual Debt Service 8 ,800, 000 3. Revenue Disposition of Real Property 14 , 800,000 P Y Average Annual Lease Revenues 91600, 000 —31- // • I X. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Action by the City Shall include all those actions authorized by law which include, but shall not be limited to, the following: A. Initiation and implementation of such actions as are necessary to delegate to the Agency the responsibility for administering all aspects of this Plan: 1. Initiation and implementation of zoning changes and/or the formation of a Planned Area Development District, all in a manner consistent with this Plan and to the extent necessary to permit the land uses and development authorized by this Plan. 2 . Imposition wherever necessary (by conditional use permits or other means) of appropriate controls, within the limits of this Plan, upon parcels in the project area to ensure their proper development and use. 3. Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-ways, and for other necessary modifications of the streets, the street layout, and other public rights-of-ways in the project area. 4. Initiation and completion of proceedings necessary for changes and improvements in publicly-owned public 'utilities within or affecting the project. s B. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency shall develop -32- and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the project area throughout the duration of this Plan. C. The City shall authorize, immediately following approval of this Redevelopment Plan, the conveyance to the Agency of City- owned land to an extent sufficient to carry out the objectives of this Plan. Each said conveyance by the City to the Agency shall be made in a timely manner in accordance with schedules approved by the Agency and at no cost to the Agency. D. Performance of the above, and of all other functions and services relating to public health, safety, and physical development rormally rendered in accordance with a schedule which will permit the redevelopment of the project area, to be commenced and carr Pd to completion without unnecessary delay. /// s ? _ 33- X. ENFORCEMENT After development, the administrative enforcement of this Plan or other documents implementing this Plan shall be performed by the City or the Agency. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by Court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the project area, may be enforced by such owners. -34— XI. DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation provisions, which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for 30 years from the date of adoption of this Plan by the City Council . / 2-- / —35— XII. SEVERABILITY If any provision,. section, subsection, sentence, clause or phrase of this Plan is for any reason held to be invalid or unconstitutional , such decision shall not affect the validity of the remaining portion or portions of this Plan. -36— XIII. PROCEDURE FOR CHANGES IN APPROVED PLAN The Plan may be amended or modified in any manner as is now or hereafter r may be permitted by law. 1 -37— / '‘‘%4 .4,. r ii/ •• • \I 2/: / 2 ,0, • '1.1 g • rt,Oa J LU 1 N U. 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Illustrative Development Plan <----; e : / 2.---.. 6 EXHIBIT C 1 • , . n EXHIBIT D ILLUSTRATIVE DEVELOPMENT DATA . ...1 r i.OPMEuT FAQ PROPbSED DSV .L ft1ENT MKARKG ems. uwd9 PnrAtr • WV MAx. Dazs b•064. Karel- - 1 'BION v. 1�� DSM D+�C,email,1 RtrNt_ Off ICC ' A WV Use CAT6s••Cfer i 09[s'(MI&/fr• �•. S4.rt. cRceolar , 4.)%0) rn le41 1 i'ftA 09 J • 00 w was i I.PM-11. i • i 1 . . , t•tvOr I LV A 11.o 479,GtaO I ,t3,0:0 40 1.2 10 (4 1523 4+1; an 5m 9m 9t0 O. cmCoseft, 4 S 29 90,a01p 2 w•wO 25 10 M ��. A +mer.�>� i.11. o,.►� G 2.'2 94 Boo 2 192,WO +0 2.0 rL 170,Coo 130 n K 195 19$' rr CKP�GG IPCLI ES p4/Srl',otAag. ei P 0.4 277,ax) I V54,033 10 2.0 12 q4,0:0 15,OM 45002) 7C0 `'"'�•• . 947 95o'0 C. hcrik mtbA INCI,DFa oosrING swan I 2.6 118,740 I V7?,oao 50 4.6" a 1;020 2i7,C() 2 00 285" u 1Rc 4(.KAT 14Q.L raesrAUPwt3. 2 7.7 356'9CV 1W....4 3G4COT fo 1.2 12 154atZT — 2.10,C05 330 a'°"."D'"Q"'e 1050 t. A4 ousn+4,ten.qt 91ta'cTU*c ' r -_ �.0-_ 5 AAT191105 ME.S?brW IN 3 .5.7 160,ab I �� 40 1.0 4 I C n..serea"MA GAO PANmTWESI9 t.,E PVT N rrfizr at seicltri�t-G- 1,114. I4.o G40,61) q flaxl 5o j.4 270,cco" aia cm .w ei;c0o Zoo '916 -C r, c arca.We CCH14TIO$1.VW ar«k I` M.0 34,30, a aro S cs� a 8 ca v . G0,0) N PCT, LYWTr9 - r r hi-Or�Wfa+ aseNT aim fUOuc LAWS- , 1 4.5 1941700 I WIN- 6e 30 933 v.rres wrr wn.t=cxt9n 6 2 5.8 16.5 528 I terra_ 50 6 300 s�ucT rte. NW. 8.5 X0,229 S (I) t 8�► ,& ) 12an 1371 K- INciuP 9 D44,1N uta taw 8401 b - - i.T 'Cr MICLu E A'C er:t4u. 'a. 1 10.1 138,GM 91141001pimsem• .t) V) 4t) 11I�e hs ultr,NIT1*N sank. ■ t---- --- —+-- /IWItt1oN l�IG1R'rtL�1 NMOT mar*curer q 2 15.1 G�,4ao 3 r -Ie 41.--__f_ 8p25 5 t7) Q--- ___4. -- .- -- - ------.., _---_MrsG.AGS N reve.i.opmera H'KTA S H 11.9 782,03, 3 wrriI cn K. fu MC9 cK5 Holt^riv► 4 9.5 415,835 a eo#cr+ (,1) Arcl oc cF xn sa Pr MAX*. 'Wt . 52.e,2,294,Bv a poo 0) 8 a25 ti) L. BM GQq Mrr.;;I RrurT s I 5.7 159,� I r+ 421, 70 2.8 12 t,a"). -420,a� v G Goo 66o'7) M.I NG�UVG9Rirm / �Ct M CNTCi' 3D/iC J 2 d f net too IZr. 10,x1) 20 1.0 q. ....Any* 9' so or new'Vatx tet-- ++ t AMA • K 4.6 I98,Goo I INA warp: 30 1,o - 0 ) K. p�lfNs moi-.7'• ci- . L 11.7 No,TO I '4"" los tom 50 0.4 10 'los,az 150 900 191'' a Irx�.uocg rP.NN&r�R i H. M t 0.4 19,030 I 'nrt" 90 I.o Z 120 0 0) 1'• r QM&flea,Ivry.IN 1 I,N; N 3.9 n t,Qcb I Ilstbt_ (75,0^0 40 I•/ (, (*) 175,0 250 250 s10 09 a rANU P4' naves N PAPCELs T,b. O 2.5 99,.W f , 204040 Go 2.2 G IO, /.95 Q° /95 1,19111.0114....14 2 0 0 200 fk. °I t 2r,0 . 8 ' P 1.0 44&2) 1 wrce. 15,aro 7o el 8 4 10,av • 5,a V 80 a, ►IFw /"EDIT 150 1 £6 112,9 4 ns.we w 4q5fcco 50 2„5 10 • 275,a2 230 515 .0152 o.a 25,410, 2 •70 9.0 10 — (2-2.5f - •-• telliewlyi. 5 0.6 25,cm 2 , ,,ti, 70 9.0 b (1.15)• 10*4- 5.8 IGf,kn 275 02 So 275101) 23.0 515 3/5 r t 4.0 175,100 i 2 reGestiort. 2K 0M Co 1.4 to .2lop, 175 us 265 R 2 0.6 25,co) 2 11151GORIAL f 70 q.o 10 (292 f"' (5c.of 4.6 lavx so,Cio ,' 21o,cro 115`' Wsm 265 S , /.5 Gy sop1 >� 1.0,•0 0 8b to 6 %D� 70,00o 8S "clr1o..1%. ( j 2720 1.'y0 T 1.25 ,S3y 1 'MP& 7,Mit. -ls 1.0 4 7,030' . 40 40 + U 5.0 2I7,ern I ZI.`.....4J f 500 50 2.t 6 af,sao ,400 Av 460 49S 49( V 5.8 ?517,960 2 360,66o 50 1.6 G 10,0C), 'So,Deo .1.1 t, 413 a 4-90 W i 2-6 111,000 Z rescellift. e03,03) 50 1.8 8 ?1b,an /90 - i40 tic, X 2.6 (if,ear I . Haul 1751C00 40 1.1 10 (I) 115,01/5 250 250 250 Y 4.3 186,000 I Hata- 284 CCO 40 1.1 12 28o,aa7 42) 320 320 . 1 2.7 I l 7,400 '2 77,5x0 40 013 10 2,5cb 751073 GO 9n 9b 2 5 S 232,arb i r '24 40 1.1 10 5,000 910,az 2C(3 3/0 3lo Z 9 _ 74 331,1 2 K 362,550 4o 1.3 10 2,Sod 3�.q a� *5- ',45PeVetorMeNT snv�c+ �IN T:+c9 •---—--- I oH�T R>�i.ec�mNDfTlot+04 Die 4 2.6 112,'111,1002 Ga217 40 0.7 to (J) .. j for _ 7 70 , FLAN. 18.2 192,700 7474510" , — lo,az 751073i /JO i f TOTAL-9 1,rAbJ8,1.Sh,hbOI EC I 444000 621 55°I3,Dltc2vI 50I'2,8h1,tt4'255I5 82,Ct'70l/4%uIhh9lrl XV. AMENDMENTS AND CONDITIONS A. Amendments included in City of Miami Beach Resolution No. 77-15283, Adopted on March 2, 1977 The following amendments and conditions with respect to the Redevelopment Plan for the South Beach Redevelopment Project are hereby adopted and made a part of such Redevelop- ment Plan: (a) The City Council retains the right to modify the Community Redevelopment Plan as provided by Section 163 . 360 (7) Florida Statutes, a codified section of the Community Redevelopment Act of 1969, as amended. * (h) Regarding the grievance procedure as set forth in paragraph XII of the Relocation Plan adopted hereby there is to be established a three member board to hear such grievances, such board to be composed of a member of this Council, a member of the Redevelopment Agency, and a member of the Miami Beach Housing Authority. The terms of these members are to be staggered in the manner to be set forth' by this council . A party who files a grievance will sign an agecement to be bound by the decision of the Grievance Board. Upon hearing a grievance, such board will render its decision and forward it to the Redevelopment Agency within the time specified in paragraph XII of the Relocation Plan, and the Agency as well as the grievant will be bound by the decision of such board. Any procedure concerning the decision of the aforesaid Board set forth in Paragraph XII of the Reloca- tion Plan which is inconsistent with the aforesaid procedure is hereby amended and superseded by this amendment. (c) There is to be established a committee called the "Relocation Social Assistance Committee" to be composed of one staff member from the Social Services division of the City of Miami Beach, and one staff member from Citizens Services, each to be appointed by the City Manager, and one member of the Miami Beach Redevelopment Agency Citizens Advisory committee to be selected by such Committee . (d) In the_event that any subordination of real property owned by the City of Miami Beach or the Redevelopment Agency is permitted by the Constitution and laws of the State of Florida and subordination is considered or proposed by the Redevelopment Agency, such proposal shall be submitted to the City Council for ratification or otherwise, and no subordination agreement shall be valid without ratification by the City Council . *This section is further amended by Resolution 77-15291, adopted on March 30, 1977 -38- 2-- • u A (e) Revenue Bonds issued in the furtherance of the imple- mentation of the Redevelopment Plan shall not pledge the faith or credit of the City of Miami Beach and the bonds shall so recite . (f) With respect to the remuneration portion of the relo- cation procedure, owners of condominiums, cooperatives, private homes or duplexes, or other property owners residing therein shall have the privilege of selecting, if they so desire, a unit in the redevelopment area of Miami Beach, or elsewhere, which is a comparable unit to the one they were occupying at the time of relocation, in lieu of the financial remuneration specified in the redevelopment plan, providing that the st of u h uni dao s no x eed th . t tal of the value cost ri ert ads cieterminied ne otiation or an eminent omain P P Y Y g proceeding plus the amount they would have been entitled to re- ceive for relocation expenses. Determination of the comparability of a unit may be determined by agreement between the property owner and the Redevelopment Agency or by reference to the Grievance Committee for determination if no agreement can be reached. (g) All persons in the project area who, at the time of relocation, are 65 years or older, and who otherwise qualify under the relocation plan, shall be entitled to a permanent rental subsidy in a sum equal to the difference between rental paid by such persons at the time of relocation, and r ecessary rental payable to provide suitable housing after relocation, or the difference between 25%- of such person ' s income and such necessary rental payments, whichever sum is greater . (h) The Redevelopment Agency shall be required to use its best efforts in cooperating with the City of Miami Beach to achieve Federal or other funding for 750 -permanently subsidized low income rental housing units within the City of Miami Beach. (i) As relates to the zoning and rezoning powers of the City applicable to redevelopment in accordance with the pro- visions of 163 . 360 (11) F.S. , and elsewhere in the Law, Charter and Ordinances of the City of Miami Beach, the City Council hereby finds, determines and resolves as follows : (i) The Council having approved the Redevelopment Plan restates its committment to the successful implementation of the plan. (ii) Except as provided for in the Plan itself , there shall be no variation or modification of the Plan without Council approval . (iii) In order to provide a workable procedure whereby the City Council may retain the power to approve zoning in the project area, but which will allow for imple- mentation by the Miami Beach Redevelopment Agency, an ordinance shall be adopted which will provide for the procedures by which the Agency may implement the Redevelopment Plan. -39- STATE OF FLORIDA OUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk of the City of Miami Beach, Florida, do hereby certify that the- above and foregoing is a true and correct copy of the original of an exhibit offered in evidence before the Miami Boa:h C'it y cor ission at its meeting held on a f?'77 . Exhibit #4 as the same appears among the public records of M. B. Commission *� of which records I am the proper and legal custodian. WITNESS, my hand and the seal of said City this 25 day of July, A.D. 1979 . ti-aeziti)t ELAINE MATTHEWS City Clerk of the City of Miami Beach, Fla. •