99-23077 RESO
RESOLUTION NO.
99-23077
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON FIRST PUBLIC
HEARING, AN AMENDMENT TO THE 1984 DEVELOPMENT
AGREEMENT BY MEANS OF AN AMENDED AND RESTATED
DEVELOPMENT AGREEMENT TO BE ENTERED INTO BETWEEN
SOUTH BEACH OCEAN PARCEL, LTD. AND THE CITY OF MIAMI
BEACH IN ACCORDANCE WITH THE REQUIREMENTS OF THE
FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH
POINTE DRIVE AND OCEAN DRIVE, MIAMI BEACH, FLORIDA, AND
COMMONLY REFERRED TO AS THE OCEAN PARCEL AND SETTING
A SECOND PUBLIC HEARING TO CONSIDER THE AMENDED AND
RESTATED DEVELOPMENT AGREEMENT.
WHEREAS, South Beach Ocean Parcel, Ltd., a Florida limited partnership (t] le
"Developer") is the owner of approximately 12.92 acres of property, more or less, which i:; t] le
easterly remaining undeveloped portion of a larger parcel of approximately 18.448 acres of prop ert V,
more or less, known as the "Cheezem - South Pointe Parcel," located at the comer of South Poin :e
Drive and Ocean Drive, in the City of Miami Beach, Florida; and
WHEREAS, the City of Miami Beach (the "City"), and South Pointe Developme It
Company, the original developer ofthe Cheezem - South Pointe Parcel, entered into a developme It
agreement dated October 9, 1984, as amended and supplemented through the date hereof (the "191 4
Development Agreement"); and
WHEREAS, on September 16, 1997, the City Attorney issued a memorandum opining th 1t
the 1984 Development Agreement had terminated, in accordance with its terms; and
WHEREAS, the Developer filed a legal action against the City in the Eleventh Judici 11
Circuit Court in and for Miami-Dade County, Florida (the" 1998 Litigation"), styled South B,each
Ocean Parcel, Ltd. v. City of Miami Beach, Case No. 98-10798 CA 30, alleging, in part, that the
1984 Development Agreement had not terminated and seeking a judicial declaration to that effe< t;
and
WHEREAS, in order to resolve and settle the 1998 Litigation, together with a relatd,
pending petition for certiorari and claim under Section 70.001, Florida Statutes (the "Bert J. Hanis
F:\ATIOILEVLlOCEAN\DEV()RDI.RES
Private Property Rights Protection Act"), and any other pending disputes, the parties are ente:ring in-a
a settlement agreement, whereby, for settlement purposes, it is agreed that said 1984 Deve:loprneJ It
Agreement is in full force and effect and subject to amendment and restatement in the form ar d
substance of the draft Amended and Restated Development Agreement attached hereto; and
WHEREAS, the Mayor and City Commission of the City deem it in the best interest of tl e
City to amend and restate the 1984 Development Agreement as set forth in the attached draft of t1 e
Amended and Restated Development Agreement; and
WHEREAS, the amendment and restatement of the 1984 Development Agreement, in c rdl:r
to comply with 9163.3225, Florida Statutes, requires approval at two public hearings; and
WHEREAS, the Amended and Restated Ocean Parcel Development Agreement is herewi1 h
submitted for first consideration at this time and, if approved, a second public hearing on tIe
aforementioned development agreement is required to be held.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CJT{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Amended ani
Restated Ocean Parcel Development Agreement for property located at the southeast comer of 81 mt h
Pointe Drive and Ocean Drive, Miami Beach, Florida (as such property is more particularl 'Y
described in said Agreement), as set forth in the draft thereof attached hereto and by this referenc e
made part hereof, is hereby approved on first public hearing and a second public hearing is hereb'y
scheduled for Wednesday, March 3, 1999, at2: 00 PID, in the City Commission Chambers, City Hal,
1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139.
PASSED and ADOPTED this 17 th day of
February
,1999.
ATTEST:
~
MAYOR
~f~
C TY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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OFFICE OF THE CITY ATTORNEY
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MURR<\ Y H. DUBBI~
City Attorney
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Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. bd- S -~
DATE: FEBRUARY 17, 1~119~:
TO:
MAYOR NEISEN KASDIN
ME-MBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN l\ j!t/
CITY ATTORNEY ~ ~\J}W'.
SOUTH BEACH OCEAN PARCEL, LTD. V. CITY OF MIAMI BEACH
FROM:
SUBJECT:
The settlement discussions between the City and the representatives of South Beach Ocean
Parcel, Ltd. have resulted in the draft of a Joint Motion to Approve Settlement and an Amended and
Restated Ocean Parcel Development Agreement (Settlement Documents which are attached to the
proposed Resolution). (Please note the contents of any Settlement Documents are without prejudice
and not admissible in court, if the settlement fails.)
MHD:lm
Encl.
I
I
Agenda Item f2-1l/\
Date 2. _I/Lc~ (1
1700 Convention Center Drive -- Fonrth Floor - Miami Beach, Florid. 33139 1- -
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AMENDED AND RESTATED
OCEAN PARCEL DEVELOPMENT AGREEMENT
, 1999
DATED
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T ABLE OF CONTENTS
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 1 -
Section 1.
Title of Agreement. ......................................... - 4 -
Section 2.
Definitions of Terms. ........................................ - 4 -
Section 3.
Application and Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . - 9 -
Section 4.
Assignment of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 10 -
Section 5.
Development Approvals ..................................... - 10 -
Section 6.
1999 Concept Plan .......................................... . - 11 -
Section 7.
Change of Laws ............................................ . - 14 -
Section 8.
Conflict of City, County, and State or Federal Laws .............. . - 15 -
Section 9. Commencement of Construction in Phases . . . . . . . . . . . . . . . . . . . . . . - 17 -
Section 10. Public Facilities Plan ........................................ . - 17 -
Section 11. Default, Remedies and Termination ........................... . - 18 -
Section 12. Enforced Delay and Extension of Time for Performance .......... . - 21 -
Section 13. Encumbrances and Releases of Real Property ................... - 23 -
Section 14. Concurrency; Mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 24 -
Section 15. Term of Agreement ......................................... - 25 -
Section 16. Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 25 -
Section 17. Notice and Demands ........................................ . - 25 -
Section 18.
Indemnification of City
. - ,27 -
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Section 19. No Permit; No Waiver of Fees ................................ - 27 -
Section 20. Good Faith; Further Assurances; No Cost ...................... . - 2S; -
Section 21. Consistency with City's Comprehensive Plan . . . . . . . . . . . . . . . . . . .. . - 2S; -
Section 22. Recording of Development Agreement ......................... - 291 -
Section 23. Omissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 291 -
Section 24. Conflict with DRB Order .................................... . - 30 -
Section 25. Captions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 30 -
Section 26. Covenant Running with Land; Successors and Assigns ........... . - 30 -
Section 27. Governing Law; VeDne ...................................... . - 30 -
Section 28. Expenses of Litigation ....................................... . - 30 -
Section 29. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 301 -
Section 30. Relationship of Parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 31 -
Section 31. 1984 Agreement Amended and Restated with Regard to Ocean Parce . - 31 -
Section 32. Time is of the Essence ....................................... - 32 -
Index of Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 35, -
List of Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 37' -
Joinder ............................................................... . - 51 -
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEME
(tie
"Development Agreement" or "Agreement") is made and entered into this _ day of ___,
1999, by and between the City of Miami Beach, Florida, a municipal corporation (h reinaftl:r
referred to as the "City"), and South Beach Ocean Parcel Ltd., a Florida limited p nershi p
(hereinafter referred to as "Developer"), as successor developer to South Pointe Dev lopne] 1t
Company, a Florida corporation; Porto fino Real Estate Fund, Ltd., a Florida limited partner 'hip; ar d
Continuum Company, LLC, a New York limited liability company.
RECITALS
A. The City of Miami Beach, Florida, is a Florida municipal corporation, wit pOHle s
and authority conferred under the Florida Constitution, the Municipal Home Rule Powers ct, ~;ta e
legislation and the Miami Beach City Charter, and has all governmental, corporate and pr )prietal Y
rendl r
powers to enable it to conduct municipal government, perform municipal functions
municipal services, including the authority to adopt, implement and enforce comprehensi e plan;,
zoning ordinances, redevelopment plans and other police power measures necessary to a 'sun tbe
health, safety and general welfare of the City and its inhabitants.
B. Pursuant to Florida Statutes Sections 163.3161 et. seq., the City of Miami
adopted and implemented a Comprehensive Plan for the redevelopment and continuing dev lopnelllt
of the City.
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C. Pursuant to the provisions of Florida Statutes Sections 163.330 et. seq., th Ci1y (If
Miami Beach has created the Miami Beach Redevelopment Agency. The City a opkd a
redevelopment plan on the 15th day of February 1984 for the southern portion of Mi i Be aC:l,
which redevelopment area is defined and bounded as described in Exhibit "A" attached h reto and
incorporated herein, entitled "The South Shore Revitalization Strategy," which plan const tute~: tle
redevelopment plan required by Chapter 163 of the Florida Statutes. Such redevelopment Ian a15 D
has been approved as an amendment to the City's Comprehensive Plan by the State of Fl rida ani
Miami-Dade County pursuant to the Local Government Comprehensive Planning Act Section
163.3161 et. seq. of the Florida Statutes.
D. The Developer is the owner of approximately 12.92 acres of property, mor' or : es:,
which is the easterly remaining undeveloped portion of a larger parcel of approximately 18. 48 acn s
of property, more or less, known as the "Cheezem - South Pointe Parcel," located 'thin tbe
redevelopment area. The Cheezem - South Pointe Parcel was the subject of the 1984 Dev lopn leI t
Agreement referred to hereinafter. Both of such parcels of land are more fully described i Exhib t
"B," which is attached hereto and made a part hereof. The real property owned by the Dev lopl~r jl S
hereinafter referred to as the "Ocean Parcel."
E. The City and South Pointe Development Company, the original develop'r of th~
Cheezem - South Pointe Parcel, entered into a development agreement dated October 9, 1984, a~
amended and supplemented through the date hereof(the "1984 Development Agreement") in order
to assure that the standards and criteria of the City's Comprehensive Plan and Redevelop nt PIa 1
were met; in order to promote the best utilization of property consistent with said Plans; in order t, )
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promote flexible and efficient development; in order to allow the City to maximize the dev lopme It
opportunity presented by South Pointe Development Company; in order to define the r ghts ar d
obligations of the parties relating to the development of the Cheezem-South Pointe Pare 1; arl.d n
order to encourage redevelopment in a timely fashion consistent with the aforesaid Redev loprnel It
Plan.
F. On September 16, 1997, the City Attorney issued a memorandum opinin tha: tl e
1984 Development Agreement had terminated, in accordance with its provisions.
G. Thereafter, the Developer filed a legal action against the City in the Elevent Judici 11
Circuit Court in and for Miami-Dade County, Florida (the "1998 Litigation"), styled Sou h Bea( h
Ocean Parcel, Ltd. v. City of Miami Beach, Case No. 98-10798 CA 30, alleging, in part tha: tl e
1984 Development Agreement had not terminated and seeking a judicial declaration to th t effec t.
H. In order to resolve and settle the 1998 Litigation, together with a related, pendir g
petition for certiorari and claim under Section 70.001, Florida Statutes (the "Bert J. Harri
Property Rights Protection Act"), and any other pending disputes, the parties have ente d into a
settlement agreement (the "Settlement Agreement"), of even date herewith, whereby, for s ttler lelllt
purposes only, the City and the Developer agree that with respect to the Ocean Parcel, he 1984
Development Agreement is in full force and effect and subject to amendment and restat ment (s
hereinafter set forth. However, as to all undeveloped lands described in the 1984 Dev lopnelt
Agreement, other than the Ocean Parcel, but specifically including the "Hinson Parcel" escrbeJ
and referenced in the 1984 Development Agreement as "Block 8," the 1984 Development A reenel t
has expired in accordance with its provisions.
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NOW, THEREFORE, in consideration of the foregoing, which recitals are sp cificaLy
incorporated into this Development Agreement, and in consideration of the mutual coven ts here' n
contained, and for other good and valuable considerations, the receipt and sufficiency of hich a e
hereby acknowledged by each of the parties hereto, it is agreed as follows:
Section 1.
Title of Agreement. This Agreement shall be known, and may b citt: d j..s
the "Amended and Restated Ocean Parcel Development Agreement."
Section 2.
Definitions of Terms. As used in this Agreement, the following
terms shall have the following meanings, unless another meaning is plainly intended:
"1984 Concept Plan" means the concept plan attached as Exhibit "D" to e 1984
Development Agreement.
"1984 Zoning Ordinance" means the City of Miami Beach Zoning Ordinance, inc din5 an
amendments thereto enacted as of September 19, 1984.
"1999 Concept Plan" means the Amended SOM Plan set forth in Exhibit "D" and tbe
Exhibits thereto, which are attached to this Development Agreement, and by this reference ade pa t
hereof as though fully set forth herein.
"1999 Land Use Regulations" means Subpart B (Chapters 114 through 142) ofthel Code (f
the City of Miami Beach, Florida, as the same was in effect as of the date hereof.
"Agency" or "Community Redevelopment Agency" means the Redevelopment A ency ( f
the City of Miami Beach, Florida, as created pursuant to Florida Statutes Section 163.33 et.;ec.
"Area", "Plan Area" or "Redevelopment Area" means the area included w'thin th,~
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boundaries of the South Point Redevelopment Project as established pursuant to Florid Stamtl.:s
Section 163.330 et.~. and as described and defined in the Redevelopment Plan.
"Building Permit" means a "Full Building Permit," as such term is defined in the 1 99 Lard
Use Regulations, issued by the Building Department of the City, which allows buildings or truC1 uri:S
to be erected, constructed, altered, moved, converted, extended, enlarged, or used, for any purros~,
in conformity with applicable codes and ordinances.
"City Code" means the Code of the City of Miami Beach, Florida, as amended t
date hereof.
"City Commission" means the Mayor and City Commission of the City ofMi i Beacl,
Florida, the governing body of the City, or any successor commission, board or body in
general legislative power of the City shall be vested.
"City Manager" means the City Manager of the City of Miami Beach, Florida.
"Commercial Space" means that certain space for office, retail or accessory stora e (il f( r
the proposed retail structure on the northwest comer of the "Main Parcel," as such term i defne:l
on tt e
on the 1984 Concept Plan, and referenced in the DRB Order, plus (ii) the space for stora e,oJfice
or retail located on the west side of the theoretical extension of Ocean Drive, as sho
Amended SOM Plan (as defined in Section 6 hereof), plus (iii) not to exceed 7,874 squ
the subterranean space (as shown on "level one" of the Amended SOM Plan) to be used fo sto]'ag~
space, plus (iv) any Floor Area required to effectuate additional retail or other uses in the e ent the t
the existing temporary driveway entrance to the Porto fino and South Pointe Towers on the n rth;id~
of said Towers is relocated or modified to incorporate an office, commercial or retail st
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pursuant to City Commission action (based on an appeal of an order of the DRB or a r que~:t ly
Marquesa Development, Ltd.) on or subsequent to the date of this Development Agreem nt.
"Comprehensive Plan" means the comprehensive plan which the City has ado ted at d
implemented, including any amendments thereto, for the redevelopment and continuing dev lopmelt
of the City pursuant to Chapter 163, Part II, of the Florida Statutes.
"Development" means the undertaking of any building or construction, inclu mg ne v
construction, rehabilitation, renovation or redevelopment, the making of any material chan es ill tl e
use or appearance of property or structures, the subdivision ofland, or any other action for
Development Approval is necessary.
"Development Approval" includes any zoning, rezoning, conditional use special e cepjoll,
variance or subdivision approval, concurrency approval under Section 163.3180, Florida Statlltei,
or any other official action of local government having the effect of approving the Developmellt ( f
land.
"DRB" means the Design Review Board of the City of Miami Beach, Florida.
"DRB Order" means the Consolidated Order of the DRB with respect to the Ocean Parce,
approved at a meeting of the DRB duly called and held on December 8, 1998, under DRB File Nell.
9611.
"Excess Parking" means each and every parking space indicated on the Amended SOM PIa 1
and constructed within the Ocean Parcel which exceeds the number of parking spaces requirec. fc r
the Development on the site as calculated in accordance with the 1984 Zoning Ordinance.
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"Floor Area" means the floor area (in square feet) of any Development on the Ocean Parc( 1,
as defined in, and measured in accordance with, the 1984 Zoning Ordinance.
"Notice of Default" means a written notice to a party that it is in default of its obligatiO! is
under this Development Agreement, and that such default must be remedied as required hereunder.
"Phase of Development" or "Phase" means a portion of the overall private developmellt Ilf
the Ocean Parcel that can be developed and operated independently of other development on tl e
Ocean Parcel and which includes all accessory uses and facilities necessary for such developmer t.
"Planning and Zoning Director" has the meaning set forth in Section 114-1 of the Ci y
Code, his or her designee, or any person who holds an equivalent office in the event that :m( h
position is modified or eliminated.
"Redevelopment Plan" means the South Shore Revitalization Strategy, prepared pursualt
to Florida Statutes Sections 163.330 et. seq., adopted by the City Commission on February 15, 198 .~,
and constituting the redevelopment plan for the area as well as the redevelopment element of the Ci y
Comprehensive Plan, as each may be amended from time to time.
"Substantial Modification" as used herein, solely with respect to any design modific,tic n
of the Amended SOM Plan, shall have the meaning set forth below:
(i) For purposes of determining the impact of adjustments and revisions to the siting ard
footprint of each structure indicated on the Amended SOM Plan (including pedestals and tower:)
the dimensions of the footprint of each structure shall be expanded by eight percent (8%) in I.~a(h
applicable direction to create a boundary overlay. An amendment to the footprint or a resiting of a
structure within its boundary overlay shall not constitute a Substantial Modification, and an
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amendment to the footprint or a resiting of a structure which exceeds its boundary overlay :ihcll
constitute a Substantial Modification; provided, however, a determination that an amendment llr
revision does not constitute a Substantial Modification shall not automatically preclude addition,ll
review by City staff (to the DRB), or by the DRB, as an amendment to the DRB Order, whkh
determination shall be made in the discretion of the Planning and Zoning Director;
(ii) Any alteration in the Floor Area of a structure indicated on the Amended SOM PIc n
which results in an increase or decrease of the Floor Area of said structure, or any other affe ct<; d
structure, which exceeds eight percent (8%) of the Floor Area for the structure as indicated on t1 e
Amended SOM Plan;
(iii) The north tower within the Amended SOM Plan shall be used for residential and/, "r
residential/hotel (timeshare) use. Any change in the proposed use(s) in the north tower which WJud
result in less than ninety percent (90%) of said tower being used for residential and/, "r
residentiallhotel (timeshare) use shall constitute a Substantial Modification. In any event, only 1St. s
that are permitted in the applicable zoning district for the Ocean Parcel, as provided herein, sha.l be
allowed;
(iv) The south tower within the Amended SOM Plan shall be used for residential use. Any
change in the proposed use(s) in the south tower which would result in less than ninety per:::el lit
(90%) of said tower being used for residential use shall constitute a Substantial Modification. In any
event, only uses that are permitted in the applicable zoning district for the Ocean Parcel, as prov.de.i
herein, shall be allowed;
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(v) Any other change or modification to the Amended SOM Plan which is substantlial y
similar and/or analogous to the foregoing, shall be analyzed in the same manner to deterrniI e
whether a requested modification constitutes a Substantial Modification.
Notwithstanding anything to the contrary contained herein, no change or modifica:iol,
including a Substantial Modification, shall permit Development on the Ocean Parcel to exceed t1 e
limits set forth in Section 6 hereof.
Nothing contained herein shall preclude the Planning and Zoning Director from determillir g
that a design modification is not substantial despite the fact that such modification may mee: t1 e
definition of Substantial Modification set forth herein.
Upon the Developer's request, the initial determination whether an amendment consti1utt. s
a Substantial Modification in accordance with the foregoing provision shall be made by the Planlir g
and Zoning Director of the City, which decision may be appealed to the City Commission.
Section 3.
Application and Scope of Agreement. It is the intention of the City and tbe
Developer that this Development Agreement shall govern the rights, duties, privileges an:l
obligations ofthe Developer and the City, and its successors in interest and assigns, with resped 1)
various aspects of the Development of the Ocean Parcel, the legal description of which is set fort!1
in Exhibit "B" attached hereto, and the benefits and burdens hereof shall bind and inure to the paiit. s
hereto, and to their successors in interest. The terms of this Development Agreement shall gO'Ier 1
all Development on the Ocean Parcel during the term hereof, and prior to expiration or terminatio 1
of this Development Agreement in accordance with the provisions hereof, no Development sha I
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occur on the Ocean Parcel except pursuant to the terms and conditions of this DevelopmeJ Ilt
Agreement.
Section 4.
Assignment of Rights. In the event that Developer sells, asslgm, (11r
otherwise transfers all or any portion of the Ocean Parcel during the term of this DevelopmeJ Ilt
Agreement to any sub-developer or successor in interest to Developer, then, in that event, the mlll-
developer or successor Developer will be bound by each and every provision hereof as it relates 10
the Ocean Parcel or portion thereof so transferred. Any such transfer shall not relieve the City cf i s
obligations under this Development Agreement as they relate to the Ocean Parcel or portion there( f
so transferred; nor shall the Developer be relieved of any of its duties, obligations or liabilities UJ Ide r
this Development Agreement as to any portion of the Ocean Parcel retained by Developer; nor ~ ha I
any such transfer increase the financial or other obligations of the City hereunder. The Developl. r
shall notify the City of any such sale, assignment or other transfer, in writing, within thirty (30) da) s
of the closing thereof. Such sale, assignment or transfer shall not increase the overall den:;it~ ,
building heights or Floor Area on the Ocean Parcel, and shall not modify or amend the compon~m s
or configuration of the 1999 Concept Plan for the Ocean Parcel, as shown in Exhibit "D" hereto.
Section 5.
Development Approvals. The Developer shall submit to the City a I
Building Permit applications, other permit applications and Development Approval applications. fc r
those permits which the City is responsible to issue, and the City shall process said application~:, i 1
accordance with all applicable laws and the City's ordinances, and in accordance with the time limit;
set forth in Schedule Z to Exhibit "D" attached hereto and by this reference made part her~oJI'~
Developer shall comply in all respects with the applicable Performance Standard Zoning on th:
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Ocean Parcel, which zoning requirements are attached hereto and incorporated by reference LS
Exhibit "e." For purposes of calculating applicable yard and setback requirements pursuant t( I tie
C-PS 3 district regulations, the"Main Parcel" of the Cheezem - South Pointe Parcel, as showl1 en
the 1984 Concept Plan shall be considered as a single parcel for all purposes of the 1984 Zo: ling
Ordinance and the procedural portions of the 1999 Land Use Regulations, and the theore I:ic;, III
extension of Washington Avenue shall be designated as the front of said Parcel, South Pointe D rhe
(formerly known as Biscayne Street), and the boundary of the Main Parcel abutting South Prime
Park shall be designated as the sides of the Main Parcel, and the boundary of the Main Parcel at tbe
erosion control line shall be designated as the rear of said Parcel. Notwithstanding anything tc the
contrary contained herein or in the 1984 Zoning Ordinance, the 1999 Concept Plan shall govern, s
to all setback and open space calculations without the need for variances. The parties heret)
acknowledge and agree that pursuant to Section 163.3233, Florida Statutes, the setback and epel
space calculations referenced on the 1999 Concept Plan comply with the City's land developmel t
regulations in effect on October 17, 1997, and constitute subsequently adopted laws and policies th:. t
are essential to the public health, safety and welfare, and application of said setbacks and open S1 laC,~
calculations do not abrogate any rights of the Developer.
Section 6.
1999 Concept Plan. (a) On December 8, 1998, pursuant to the DRB aIde,
the DRB, approved the Developer's application to DRB based on plans prepared by the architecture I
firm of Skidmore Owings & Merrill (the "SOM Plan"). Certain amendments to the SOM Plan hav.~
been made in order to conform the SOM Plan to the intent of this Development Agreement. The sit.~
plan which is attached as Part 1 of Exhibit "D", and the textual details of which (including, but not
F:\A1TOILEVLIOCEAN\I999DV 1:2.AOR
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limited to elevations, uses and other development aspects thereof) are attached hereto as Part 2 ( ,f
Exhibit "D," and Schedules X, Y and Z included therewith, are by this reference incorporated hf're:ln
as though fully set forth in this place. By their execution of this Development Agreement, the parti, s
agree that the Floor Area of all of the Development included within the SO M Plan shall be redllcf d
so that the Floor Area of the Ocean Parcel shall not exceed One Million Three Hundred Thom:ari d
(1,300,000) square feet, measured in accordance with the 1984 Zoning Code, plus the Floor i\na
allocated to the Excess Parking and Commercial Space; the parties further agree to the ether
parameters for Development that are set forth in Schedule Y attached to Exhibit "D." The pa:ti, s
further hereby agree that the modifications to the SOM Plan, as set forth in Exhibit "D" are nc lit
Substantial Modifications to the SOM Plan; and that no further review of the SOM Plan by the DR3
is required (unless there is any Substantial Modification to such Plan after the date of th s
Development Agreement or there is a substantial amendment to the aforementioned DRB apprc va,
as determined by the Planning and Zoning Director). The parties acknowledge and agree that f( r
purposes of settlement of the 1998 Litigation, the SOM Plan, modified as described in this Sectiol
6 (and hereinafter referred to as the "Amended SOM Plan") represents a Substantial Modificatiol
to the 1984 Concept Plan, and the parties hereto acknowledge that on
, 11)9CII,
following two (2) public hearings, the City Commission approved this Development Agreemel t
incorporating the Amended SOM Plan.
(b) Any Development Approvals required in connection with the Amended SOM Plan ~ha 1
be processed by the City under the procedures set forth in the 1999 Land Use Regulati,m:,
notwithstanding that the substantive provisions of the 1984 Zoning Ordinance shall apply, unless
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otherwise set forth herein. A list of the Development Approvals required to implement the Amendt d
SOM Plan is attached as Schedule Z to Exhibit "D" hereto, and no other Development Approva s
shall be required for Development on the Ocean Parcel; provided, however, that fUJthl~:r
Development Approvals may be required in the event that the Amended SOM Plan (i) con1aiLs
errors in the calculation of Floor Area or other relevant calculations, or (ii) is misleading.
(c) Technical changes to the Amended SOM Plan which are not Substantial Modifica1iOls
to said Plan, which are (i) required in order for the Development to be in compliance with any ar d
all applicable laws, codes, rules and regulations of any governmental or regulatory agen.;iei,
including, but not limited to, the South Florida Building Code and the Americans with Disabilitil:s
Act, or (ii) otherwise required or necessary, including, but not limited to, any changes in conne(:ti( n
with ingress and egress and public works, or (iii) other design or zoning amendments which arc n )t
Substantial Modifications, shall be delegated to the appropriate government official of the CitJ tlr
review and approval, modification or other appropriate action.
(d) The Developer may at any time, and from time to time, request that Substa nti .11
Modifications be made to the Amended SOM Plan. In the event that the Developer requests a
Substantial Modification to the Amended SOM Plan, such Substantial Modification shall be subje;t
to full design review by the DRB pursuant to all applicable provisions of the City's 1999 Land U:e
Regulations, and no Substantial Modification shall become effective unless and until it is appmvld
by the City Commission in accordance with the applicable provisions of Florida Statutes, Sedi( In
163.3220, et. seq. In no event shall any modification, whether a Substantial Modificaticn )r
otherwise, result in an increase in density, height or intensity of use or Floor Area as prescrih:d n
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the Amended SOM Plan. Any such Substantial Modification shall be permitted under th s
Development Agreement, provided that it does not result in an increase in density, height or intensi1 y
of use or Floor Area as prescribed in the Amended SOM Plan; and provided, further, that it ob1aiI s
any design review approvals required under the City's 1999 Land Use Regulations, including ar y
approval by the City Commission that may be required thereunder or under this Developrnerlt
Agreement.
(e) Notwithstanding anything to the contrary contained herein, it is the intent of the partit.:s
hereto that any modifications to the Amended SOM Plan which are not determined to be Substanti 11
Modifications shall not be deemed to be amendments to this Development Agreement even thou~ h
such modifications shall, under the terms of this Development Agreement or the City Codl~, ; liS
applicable, be subject to the design review process (by either staff or the DRB), or any other Ci y
boards, committees, or departments.
(f) For purposes of the computation of Floor Area for the Development, Developer m. y
include in the calculation of the square footage of the Ocean Parcel any portion thereof whicll t] lie
Developer is transferring or dedicating to the City hereunder.
Section 7.
Change of Laws. The rules, regulations, ordinances, laws, general or speci1 IlC
plans, and official policies of the City governing development, density, permitted uses, growh
management, environmental considerations, design criteria and other matters pertaining 0
development of the Ocean Parcel shall be those in force and effect on October 9, 1984, except t,) the
extent that the 1999 Land Use Regulations apply as set forth herein, and except as otherwise set for.:h
in Section 5 hereof. The City may, hereafter, during the term of this Development Agreement 2ppl.y
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only such new and/or modified rules, regulations, ordinances, laws, general or specific plans, an i
official policies which are not in conflict with those in effect on the date of this Agreement an i
application of which would not significantly increase the costs of performance of this Agreerren .:.
However, this Section 7 shall not preclude the application to the Ocean Parcel of new or modifief
City laws, regulations, plans or policies specifically mandated and required by changes in sl:atl,:,
county, or federal laws or regulations. In the event such changes in state, county, or federal lav,s
prevent or preclude compliance with one or more provisions of this Agreement, the parties agn:e 10
take appropriate action pursuant to Section 8 of this Agreement.
Application, processing and inspection fees, improvement standards as set forth in the=it y
regulations and, construction standards and specifications that are revised during the term of th s
Agreement shall apply to the Development pursuant to this Agreement if such fees, standards ar d
specifications (i) apply to all development within the City and (ii) apply only to building and c tbl:r
permits or development approvals for any development that has not yet been accepted for proces sir g
by the City. No impact fees, special charges or other fees shall be imposed pursuant to this See tic n
unless applicable City-wide, or in an area or district that includes the Ocean Parcel (such as a spl~ci 11
assessment district), other than expenses necessary for mitigation to achieve concurrency as mo e
fully set forth in Section 14 hereof. Nothing in this Section shall be deemed to limit the power uf
the Board of Adjustment, pursuant to Section 13 of the 1984 Zoning Ordinance, to impose-ee;,
charges, or other requirements as conditions to the grant of a variance.
Section 8.
Conflict of City, County, and State or Federal Laws. In the event th It
state, county, or federal laws or regulations, prevent or preclude compliance with one or more
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provisions of this Agreement or require changes in permits or development approvals already is~:ue .1
or approved by the City, the parties shall:
(a) Provide the other party with written notice of such state or federal regulatiol (r
action; and provide a copy of such regulation or action and a statement identifying the conflilt
between such laws or regulation and the provisions of this Agreement.
(b) Within thirty (30) days, meet and confer in good faith in a reasonable attempt 1 D
modify this Agreement to comply with such federal, county, or state law or regulation.
(c) Thereafter, if the Developer and the City cannot agree upon a modification of th s
Development Agreement to comply with such state, county, or federal laws, the matter shall, (,PC n
the written request of either party hereto, be submitted to binding arbitration, before a sing e
arbitrator chosen by the parties, under the rules governing construction arbitration of the Americ~n
Arbitration Association. In such case, the costs of said arbitration shall be divided equally betviet. n
the Developer and the City. Notwithstanding the foregoing, no modification which constitues a
Substantial Modification shall become effective unless and until it is approved in accordance wi h
the requirements of Section 6( d) hereof.
(d) Notwithstanding the above, the Developer and/or the City may pursue any legal remt:di,l:s
to challenge the validity or application of such state, county, or federal laws or regulations, includir g
the right to institute and maintain any action or proceeding which it may deem necessary to pro te( t,
assert, or enforce any rights or remedies thereunder. In the event such an action or proceeding .s
instituted, any arbitration proceeding hereunder shall be stayed during the pendency of such (Ith:r
action or proceeding.
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Section 9.
Commencement of Construction in Phases. Developer may develop the
Ocean Parcel in two (2) Phases, as set forth in Part 3 of Exhibit "D" attached hereto. In such e aSI:,
Developer shall obtain a Building Permit for the each Phase of Development and commence
construction in accordance with the timetable set forth in Schedule X to Exhibit "D" attached he:'etll.
Developer shall diligently pursue construction of each Phase until the Development of such Pl1a~'e
is completed. Provided that Developer obtains the Building Permits and commences construeticn
within the time frames provided in Schedule X to Exhibit "D," and diligently pursues construe tic n
through the completion thereof and does not allow any Building Permit to expire, this DevelopI1ellllt
Agreement shall remain in full force and effect until the completion of Development undel. t1 e
Amended SOM Plan.
Notwithstanding the provisions of Section 11 hereof, Developer agrees that in the event thlt
Developer fails to comply with the schedule set forth in Schedule X to Exhibit "D" (including ar y
extensions of time granted under applicable law or Section 12 hereof), for the two Phast s llf
Development on the Ocean Parcel, as set forth in this above, the City shall be relieved of all (If i:s
obligations under this Development Agreement, and this Development Agreement shall Ie
terminated and shall be null and void without any further action or notice on the part of the Ciy ',tr
the Developer.
Section 10. Public Facilities Plan. In order to promote and protect the public healt 1,
safety and welfare and in order to assure the orderly Development of the Ocean Parcel, the parti'l.:s
agree that certain public facilities must be provided in a timely fashion by each party. Accordingl{,
the parties shall make public improvements in accordance with the Public Facilities Plan attal,~hfd
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hereto as Exhibit "F" and incorporated herein by reference, which Exhibit "F" sets forth th,~
responsibilities and obligations of each of the parties with respect to the timing and phasing oftt e
provision of public facilities, the vacation of streets, the relocation of the Miami Beach bulkhea i
line, the provision of infrastructure to the Ocean Parcel, the dedication of land and the financiiJl
obligations of the parties with respect to provisions of said Public Facilities Plan. The Devel'Jper
and the City hereby further agree to the Traffic Mitigation Plan attached hereto as Exhibit "G." Th
provisions of Exhibit E of the 1984 Development Agreement shall not be applicable to the Ocec n
Parcel. Exhibit "F" and Exhibit "G" hereto set forth all obligations of the Ocean Parcel with respe:t
to the Developer's obligations with respect to public facilities.
Section 11. Default, Remedies and Termination. (a) Except as provided in Secti::m 9
hereof, in the event that any party claims that the other party to this Development Agreement is n
default with respect to any term or condition herein contained, the party alleging such default Ilr
breach shall give the breaching party Notice of Default in the manner provided in Section 17 ofth liS
Development Agreement. The Notice of Default shall specify the nature of the alleged default; an 1,
where appropriate, the manner and period of time in which said default may be satisfactorily cllfe 1.
In no event shall the period of time referred to herein above be less than thirty (30) days measund
from the date of mailing of the Notice of Default, provided that if a default occurs which ma;' n )t
be cured within such period, then the party charged with the default shall not be in default if sw:h
party commences curing the default within such period and pursues curing the default continuc',us .y
and diligently until such cure is effected. During any period of curing, the party charged wit 1 tile
default, where curing is undertaken within the period referred to above and is continuously aJ Ild
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diligently pursued, shall not be considered in default for the purposes of termination of th s
Development Agreement or institution of legal proceedings or for any other purpose. If the dejau t
is timely cured, then no default shall be deemed to have existed, and the noticing party shall tak~ D:)
further action.
(b) If a default shall have occurred and be continuing after the applicable cure period,:ht n
the non-defaulting party may proceed to protect its rights hereunder by exercising any remec y
available at law or in equity, or by terminating this Development Agreement.
(c) No remedy herein conferred upon or reserved to the non-defaulting party is intend(:d '0
be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulativ~,
and shall be in addition to every other remedy given hereunder or now or hereafter existing a1 la N
or in equity.
(e) No delay or omission of the non-defaulting party to exercise any right or power accruiI g
upon any default shall impair any such right or power or shall be construed to be a waiver of at y
such event of default, or an acquiescence therein; and every power and remedy given by this Seeti< n
11 may be exercised from time to time, and as often as may be deemed expeditious by the no 1-
defaulting party.
(f) Notwithstanding any provision of this Development Agreement or the Settleme 1t
Agreement to the contrary, in the event:
(i) the Developer has timely obtained any and all Development Approvals WhiCl a~e
required for the issuance of the Building Permit, which Development Approvals remain valic. ill lid
applicable appeal periods have expired; and
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(ii) the Developer has paid, or is prepared to immediately tender payment for, an
required fees and costs directly or indirectly related to the Building Permit; and,
(iii) not less than ten (10) working days after the timely submission of a complee
application for a Building Permit, the Developer shall request separate meetings with the City's plm
review staff and Fire Department, and the appropriate City personnel shall schedule meetings wi:h
the Building Department and the Fire Department within fifteen (15) working days of each )U(h
request. Upon completion of the meeting to review the plans and specifications for the Developme It
of the Ocean Parcel, the appropriate City staff shall issue a "review sheet," pursuant to the S:>u h
Florida Building Code (1994 Edition and all amendments thereto), noting the deficiencies in tle
plans and specifications for the Development. Developer shall timely respond to the deficiencil:s
noted in said "review sheet" within fifteen (15) days thereof, and the appropriate City staff :;hdl
review said response within the fifteen (15) day timeframe noted above. Said review process :;h, 11
continue in accordance with the above until no deficiencies remain; and
(iv) the "Building Official" (as such term is defined in the 1999 Land U:e
Regulations) has confirmed in writing (at the Developer's written request) that the Developer has,
in the professional judgment of the Building Official, submitted a completed application (and time y
effectuated amendments and/or revisions after all appropriate reviews, as required) for a Buildit g
Permit which complies with all terms and provisions of the Amended SOM Plan and all term~ ar d
provisions of this Development Agreement, the DRB Order (and the conditions thereof), aId
Developer has complied with all applicable statutes, ordinances and regulations, including, witho It
limitation, all terms and provisions of the South Florida Building Code (1994 Edition and ar y
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amendments thereto, or any successor code), 1994 Life/Safety Code (NFPAI01) and Florida.
Accessibility Code; and
(v) the City arbitrarily and without just cause refuses to issue a Building Permit i 111
accordance with all applicable laws and the City's ordinances, but in any event within fivf (:)
working days after the date on which no deficiencies remain, as set forth above, and the paymeJ It ( f
all applicable fees; then, Developer may apply to any court of competent jurisdiction for enforcernelllt
of this Agreement and such other relief as is indicated, in order to make Developer whole. In :mc h
event, and notwithstanding the provisions of Section 28 hereof, the prevailing party in such ac tic n
or proceeding shall be entitled to recover its reasonable attorney fees and expenses from the ctht:r
party to such action or proceeding.
Section 12. Enforced Delay and Extension of Time for Performance. (, It)
Notwithstanding any of the provisions of this Agreement to the contrary, and except as providtd
herein, neither the City nor Developer, as the case may be, nor any successor in interest, shalll e
considered in breach of or in default of any of its respective obligations, including but not limit{. d
to, the beginning and/or commencement and/or completion of construction of a ]>has~ Ii If
Development, or progress in respect thereto, in the event of (and for so long as) performanoe ofsu< h
obligations is prevented or delayed by any "causes" which are beyond the control of such patty. Su< h
causes are defined as: strikes; lockouts; Acts of God; unusual delay in obtaining or inllbilil:Y 0
obtain labor, materials or sources of energy on the open market due to general shortage, ~ationin~.
problems associated with the commonly known "Y2K bug," which affects computers involved n
the manufacture or transportation of materials or the design or implementation of Development .!)f
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the Ocean Parcel, or governmental restrictions; war; malicious mischief; failure oftransportatiOl;
civil unrest or commotion; fire; action of the elements (including hurricanes and windstonns,;
sabotage; condemnation; requisition, order of governmental or civil or military or naval authorhie;;
litigation directly affecting the Ocean Parcel or this Development Agreement instituted by a thiri
party not owned or controlled by the Developer relating to zoning, subdivision, referendums, or e,ther
governmental action or inaction; inability to obtain governmental permits or approvals; failure oftbe
City to comply with any time periods set forth in Schedule Z to Exhibit "D" hereto with respeGt 10
the time periods within which the City is required to process timely submitted and compbte j
applications for Building Permits or other Development Agreements, governmental moratOliUJ n.
(including any failure or inability of the City to comply with any "concurrency" requirements ulldtr
Part II of Chapter 163, Florida Statutes); the appeal of or litigation by a third party not related te' tbe
Developer concerning the granting of governmental permits or approvals; provided, however, that
the terms of this Section 12 shall not include such party's insolvency or financial conditiol (r
inability in obtaining financing, or the inability of the Developer to develop the Ocean Parcel dl Ie
to conditions in the residential, timeshare or hotel markets.
Notwithstanding anything to the contrary contained herein, foreclosure of any mortgag e ( r
lien against the Ocean Parcel, or any portion thereof, shall extend the time for performance of tbe
Developer's obligations hereunder, but only on a single occasion and only for a period of time ll<lt
to exceed one (1) year, calculated from the date that the initial pleading in such foreclosure action
is filed with a court of competent jurisdiction.
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(b) The party seeking the benefit of the provisions of this Section 12, including an {
mortgagee of all or any portion of the Ocean Parcel, shall, within thirty (30) days after such part (
shall have become aware of such unavoidable delay, give notice to the other party thereof in wri tin :~
of the cause or causes thereof and the time delayed to the extent the same can then reasonably be
determined. Under no circumstances shall a party hereto be charged with constructive notice of an 'Y
excuse for performance by the other party hereto. In the event that actual written notice is not give n
within such thirty (30) day period, then the duration of the unavoidable delay shall be deeme d 1,:)
commence as of the actual delivery of written notice thereof. If the parties disagree as to the bas s
for claiming an extension and/or the duration thereof, the matter shall be submitted to binding
arbitration before a single arbitrator chosen by the parties under the rules governing construe tic n
arbitration of the American Arbitration Association. The costs of any such arbitration shal I le
divided equally between the parties.
(d) In the event that two or more of the events excusing performance by either party OfJO' h
parties hereto shall occur concurrently, the periods of delay of performance therefor shall n n
concurrently, but only to the extent that such events are actually concurrent.
Section 13. Encumbrances and Releases of Real Property. The parties agree that tle
Developer shall have the unlimited right to mortgage or hypothecate all or any portion of the O;ern
Parcel other than property dedicated to the public by deed, grant, easement or right of way and [,I)r
utilities and other public improvements, at its sole discretion, and that nothing contained in th LS
Development Agreement shall constitute a prohibition on such activity. The City hereby agrel~s 0
provide proposed lenders with written assurances in this regard, as well as with estoppel certificat'l:s
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indicating that this Development Agreement is in full force and effect, or, in the event that there is
any default hereunder, with notice thereof; and that the development rights created hereunder at.~
available to the mortgagee as a potential successor in interest to Developer. Subject to the term:;
hereof, the City agrees to give any mortgagee a copy of any Notice of Default by Developer und( r
this Development Agreement, if so requested by the mortgagee. Any mortgagee, sub-develop( r ( r
successor Developer, who comes into possession of the Ocean Parcel or any portion thereo ~
pursuant to foreclosure of a mortgage or transfer, sale, and assignment, shall take the Ocean Pa rct I
or such portion thereof, subject to any claims for payment or charges against the property, or pa t
thereof (on a pro rata basis in the case such transfer, sale or assignment affects only a portion ofth~
Ocean Parcel), so acquired, which accrued prior to transfer of title. The City hereby covenants an 1
agrees that upon issuance of a final certificate of occupancy for any Phase of Development oj' th .~
Ocean Parcel, including all accessory structures shown on the Amended SOM Plan, the City sha I
execute and deliver to the Clerk of the Circuit Court of Miami-Dade County appropriate releases (f
satisfied obligations hereunder in a form and substance acceptable to said Clerk or as may otherwi~~
be necessary to effectuate a complete and total release of such Phase of the Development oj' th .~
Ocean Parcel from the requirements of this Development Agreement.
Section 14. Concurrency; Mitigation. (a) Prior to commencing Development 011 th~
Ocean Parcel, the Developer shall comply with all concurrency requirements of Section 163.3 8( ",
Florida Statutes.
(b) The parties agree to the Developer's Obligations and Public Facilities Plan and the Traffi I;;
Mitigation Plan, attached hereto as Exhibits "F" and "G," respectively.
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Section 15. Term of Agreement. The term of this Development Agreement sha I
commence on the date first written above, and shall extend until October 9, 2005, and thereaftu c s
set forth in Section 9 hereof, unless (a) said term is altered by mutual consent of the parties, whic 1
consent may be granted or withheld in each party's sole and absolute discretion, with or withOl t
cause, (b) the Agreement is terminated, with or without notice, as the case may be, as contempllte 1
hereunder, or (c) the term is extended as provided hereunder, including, but not limited t<,
extensions of time for performance of obligations hereunder in accordance with Section 12 hereof .
Section 16. Entire Agreement. This Development Agreement represents the entir.~
agreement of the parties hereto and no prior or present agreements or representations shall be bindin.~
upon either of the parties hereto, unless specifically incorporated herein by reference, whether ~ uc 1
prior or present agreements have been made orally or in writing. No modification, changl,
amendment or extension of the terms or provisions of this Development Agreement shall be vali 1
or binding upon either one of the parties, unless in writing, and executed by both of the parties he ret )
which execution may be granted or withheld in each party's sole and absolute discretion, will ( r
without cause,.
Section 17. Notice and Demands. All formal notices, demands, correspondence an i
communications between the City and the Developer shall be deemed sufficiently given under th.~
terms of this Development Agreement if dispatched by certified mail, postage prepaid, return ree eil t
requested, as follows:
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As to City of Miami Beach:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
As to South Beach Ocean Parcel, Ltd.:
Mr. Bruce Eichner
Continuum Company, LLC
667 Madison Avenue
14th Floor
New York, New York 10021
With a copy to:
Mr. Nathan Hong
Continuum Company, LLC
One South Pointe Drive
Miami Beach, Florida 33139
With a copy to:
Joseph L. Rebak, Esq.
Tew Cardenas Rebak, et. al.
Miami Center
Suite 2600
200 South Biscayne Boulevard
Miami, Florida 33131
or to such other address and to the attention of such other person as the City or the Developer ma 'y
from time to time designate by written notice to the other.
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Section 18. Indemnification of City. Developer hereby agrees to indemnify and hole th ~
City, its officers, agents, employees, and representatives harmless from liability for damage~ ( r
claims for damage for personal injury, including wrongful death, and claims for property damagt,
which may arise from the direct or indirect operations of the Developer, or those of any contrac to ,
subcontractor, agent, employee, or other person acting on Developer's behalf, which relate to th ~
development of the Ocean Parcel. Developer agrees to, and shall defend at its sole cost and expens .~
(with Developer's attorney(s) being primarily responsible for such defense), the City and its offic er: ,
agents, employees, and representatives from actions for damages caused, or alleged to have tee 1
caused, by reason of Developer's activities in connection with the Ocean Parcel. ~~hj ~
indemnification agreement applies to all damages and claims for damages, including withol t
limitation, interest, costs and attorneys fees, suffered or alleged to have been suffered by reaSOl ( f
the operations referred to herein, regardless of whether or not the City approved the plan:; ( r
specifications or both for the Ocean Parcel. It is understood, however, that this indemnifica:io 1
agreement does not apply to acts or omissions of the City, or of its officers, agents, employee1, c r
representatives.
Section 19. No Permit; No Waiver of Fees. This Development Agreement is not an I
shall not be construed as a Development Approval, Building Permit or authorization to commenc.~
Development, nor shall it relieve Developer of the obligations to obtain necessary Development
Approvals, Building Permits and other required permits that are required under applicable lawan,,J
under and pursuant to the terms of this Development Agreement. Nothing contained in thi;
Development Agreement shall be deemed to constitute a waiver of any fee, charge or cost impcsed
f:\A 1TO\LEV LlOCEAN\ I9?9DV Il.AOR
hhruary 10, 1999(~:~7pm)
- 27-
Draftfor Discussion Purpose! On y
Subject to Change in Whole or ill Pc -t
by the City in connection with the issuance of any Development Approval, Building Permit or ctht r
permit.
Section 20. Good Faith; Further Assurances; No Cost. The parties to this Developnel .t
Agreement have negotiated in good faith. It is the intent and agreement of the parties that they ~ha I
cooperate with each other reasonably and in good faith to effectuate the purposes and intent of, an i
to satisfy their obligations under, this Development Agreement in order to secure to themselve~ th ~
mutual benefits created under this Development Agreement; and, in that regard, the parties 5 ha I
execute such further documents as may be reasonably necessary to effectuate the provisions of th s
Development Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restri, t
or require the exercise of the City's police power or actions of the City when acting in a legislath.~
or quasi-judicial capacity. Wherever in this Development Agreement a provision reqdn s
cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of no co:t
shall not be deemed to include any cost of review (whether legal or otherwise), attendance Lt
meetings, hearings or proceedings and comment and/or execution of documents, all such costs t,) 1:~
borne by the party receiving a request to so cooperate, act in good faith or so forth. Notwithstandin.~
the foregoing, all public notices required to be published in connection with any hearings or otht r
proceedings arising out of this Development Agreement shall be at the sole cost and expense oj'th~
Developer.
Section 21. Consistency with City's Comprehensive Plan. The City has heretofOl~
adopted and is implementing the Comprehensive Plan. The City hereby finds and declares thal th.~
provisions of this Agreement dealing with the Ocean Parcel and the Amended SOM Plan, ar~
F:\A1TO\LEVLlOCEAN\I999DV 12.AOR
F~bmary 10, 1999 (5:57pm)
- 28-
Draftfor Discussion Purpose: O~:y
Subject to Change in Whole or id Pc -t
consistent with the City's Comprehensive Plan and the 1984 Zoning Ordinance (subject to a 1
applicable Development Approvals, Building Permits, and any mitigation requirements relati, e 1 )
concurrency required thereunder).
Section 22. Recording of Development Agreement. Within fourteen (14) days afte' tl e
final execution of this Development Agreement, the Developer, on behalf ofthe City, shall rel;Ol j
this Development Agreement with the Clerk of the Circuit Court of Miami-Dade County, ar j
provide a certified copy of said recorded Development Agreement to the City as soon as s
practicable, but in no event more than thirty (30) days thereafter. The Developer shall submit a eOJ Y
of the recorded Development Agreement to the State of Florida's land planning agency withi n
fourteen (14) days after this Development Agreement is recorded. The Developer agrees that it ::h2 II
be responsible for all recording fees and costs related to the recording and delivery of th s
Development Agreement as described in this Section. The provisions hereof shall remain in fu II
force and effect during the term hereof, and, subject to the conditions of this Developrne: It
Agreement, shall be binding upon each of the undersigned, and all successors in interest tc tl e
parties to this Development Agreement. Whenever an extension of any deadline is allowed 41r
provided for under the terms of this Development Agreement, at the request of either party, the oth ~r
party shall join in a short-form recordable memorandum confirming such extension to be reco':d( d
in the public records of Miami-Dade County.
Section 23. Omissions. The parties hereto agree that the failure of this Developme It
Agreement to address a particular permit, condition, term, or restriction shall not relieve tl e
F:\AlTO\LEVLlOCEAN\1999DVI2,AOR
Fehruuy 10. 1999 (~:~7pm)
- 29-
Draftfor Discussion Purposes OIly
Subject to Change in Whole or i'1 p, rt
Developer of the necessity of complying with the law governing said permitting requirement;,
conditions, term, or restriction notwithstanding any such omission.
Section 24. Conflict with DRB Order. In the event that a conflict arises between tl e
provisions contained in this Development Agreement and any provisions of the DRB Order tl e
provisions of this Development Agreement shall govern.
Section 25. Captions. The captions of this Development Agreement are for conveni,~n( e
and reference only, and in no way define, describe, extend, or limit the scope or intent hereof.
Section 26. Covenant Running with Land; Successors and Assigns. This Developme It
Agreement shall constitute a covenant running with the land, and shall be binding upon and ilUJ e
to the benefit of the parties hereto, and their respective successors, assigns, and perS)ll II
representatives.
Section 27. Governing Law; Venue. This Development Agreement shall be govent: d
in its enforcement, construction, and interpretation by the laws of the State of Florida, without regal d
to principles of conflicts of law. Any litigation arising between the parties with respect to th s
Development Agreement, or the Ocean Parcel, as described in Exhibit "B" attached hereto, shaH t e
instituted and maintained in the Circuit Court of Miami-Dade County, Florida.
Section 28. Expenses of Litigation. In the event of any litigation between the pa!1it s
arising out of this Development Agreement for a breach hereof, each party shall be responsible f(r
its own attorney's fees and court costs at all trial and appellate levels.
Section 29. Severability. In the event that any term or provision of this Developnellit
Agreement is determined by a court of competent jurisdiction to be illegal or otherwise invalid, ~mc h
f:\AlTO\LEVLIOCEAN\1999IWI2.AGR
F~bnlary 10, 1999(~:j7pm)
- 30 -
Draftfor Discussion Purposes 0, ly
Subject to Change in Whole or i'1 Pc rt
provision shall be given its closest legal meaning or be construed or deleted as such cou i
determines, and the remainder of this Development Agreement shall be construed to be in full br< e
and effect.
Section 30. Relationship of Parties. It is specifically under<;tood and agreed to by ar d
between the parties hereto that: (a) the subject development is a private development; (b) the Ci' y
has no interest or responsibilities for or duty to third parties concerning any improvements until me h
time and only until such time that the City accepts the same pursuant to the provisions of th s
Agreement or in connection with any subdivision map approvals; (c) the Developer shall have ft: 11
power over and exclusive control of the Ocean Parcel, subject only to the limitations and obliga1ioJ ,s
of Developer pursuant to this Agreement; and (d) the relationship of the parties is contractull n
nature, and the City is not a joint venturer, partner, or agent of Developer.
Section 31. 1984 Agreement Amended and Restated with Regard to Ocean Pal"ct I.
With regard to the Ocean Parcel only, this Amended and Restated Ocean Parcel Developme it
Agreement amends, restates, supersedes and bifurcates the 1984 Development Agreement, includir g
any amendments or modifications thereof. From and after the date hereof, the Ocean Parcel is )n y
subject to the terms hereof and all rights and obligations with respect to the Ocean Parcel ar'~ s .:t
forth herein, and default by the owners of any portion of the Cheezem - South Pointe Parcel, oth ~r
than the Ocean Parcel, shall not affect any rights or obligations of the owner ofthe Ocean Parc~l ..s
contained herein. Upon its effective date, this Amended and Restated Ocean Parcel Developme It
Agreement shall further serve and constitute a Certificate of Release (as contemplated b) tl e
Memorandum of Development Agreement recorded in Official Records Book 12338 at Page 5911lf
F:\A1TOILEVLlOCEAN\I999DV 12.AGR
February 10, 1999 (S:S7pm)
- 31 -
Draftfor Discussion Purpose'; Oily
Subject to Change in Whole or i'7 P,rt
the Public Records of Miami-Dade County, Florida), with respect to all of the terms and provisiOls
of the 1984 Development Agreement which are not specifically contained in this Amended ar d
Restated Ocean Parcel Development Agreement. It is the intention of the parties hereto that th s
Amended and Restated Ocean Parcel Development Agreement shall affect only the Ocean Parcel at d
shall not create any rights or confer any benefit upon any third parties (other than successors, ass gn 5,
mortgagees, or lienors of Developer), including, but not limited to, the legal or equitable owners Ilf
any other portions of the Cheezem - South Pointe Parcel, including Block 8 as shown on Exhibit "I I"
to the 1984 Development Agreement, or the developments known as South Pointe Tower at d
Portofino Tower.
Section 32. Time is of the Essence. The parties specifically agree that time is of tJ .e
essence regarding this Development Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the da). ill d
year first above written.
APPROVED:
CITY OF MIAMI BEACH
By:
Neisen O. Kasdin, Mayor
ATTEST:
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
.., /1\ ht1l
~
F:\A TIUIL[VL\OCEAN\ I999DV 12.AOR
February 10, 1999(~:57pm)
- 32-
Draftfor Discussion Purpose;' 0, y
Subject to Change in Whole or i, I p, "t
SOUTH BEACH OCEAN PARCEL, LTD., a F1(lri( a
limited partnership
By: South Beach Ocean Parcel, Inc. a Florida
corporation, as General Partner
By:
President
ATTEST:
By:
[Name, Title]
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State; ar d
County aforesaid to take acknowledgments, personally appeared Neisen O. Kasdin and R(ibe rt
Parcher, well known to me to be the Mayor and City Clerk, respectively of the CITY OF ML\r-.U
BEACH, a municipal corporation, and that the severally acknowledged executing the same, f] ee y
and voluntarily under authority duly vested in them by said corporation and that the seal affixt d
thereto is the true and corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this _ day I ,f
,1999.
Notary Public
My commission expires:
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stak: at Id
County aforesaid to take acknowledgments, personally appeared , well known 0
F:\A1TO\LEVLlOCEAN\ 199\lDVI2.AGR
F~hruary IO,1999(5:57pm)
- 33 -
Draftfor Discussion Purpose~ Or. 'y
Subject to Change in Whole or in Pc ,t
me to be the President of SOUTH BEACH OCEAN PARCEL, INC., a Florida corporation, tt e
General Partner of SOUTH BEACH OCEAN PARCEL, L TD., a Florida limited partnership, an d
that he acknowledged executing the same, freely and voluntarily under authority duly vested in hiJ 1
by said corporation and that the seal affixed thereto is the true and corporate seal of said corporatioJ l.
WITNESS my hand and official seal in the County and State last aforesaid this _ day ( f
,1999.
Notary Public
My commission expires:
F:\A TTUlLEVLlOCEAN\1999DV12,AOR
FehruaryIO,1999(':'7pln)
- 34 -
Draftfor Discussion Pl/rpose;, Or, y
Subject to Change in Whqle or i" Pt "t
Index of Defined Terms
1984 Concept Plan . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 4 -
1984 Development Agreement ............................................. ' 2 -
1984 Zoning Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 4 -
1998 Litigation . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 3 -
1999 Concept Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 -
1999 Land Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 -
Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 -
Agency or Community Redevelopment Agency . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . '. 4 -
Agreement ............................................................. " 1 -
Amended SOM Plan ..................................................... . - 12-
Area.................................................................. ". ,,4-
BertJ. Harris Private Property Rights Protection Act" . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ..3-
Building Official .................."......".............................. . - 20 -
Building Permit ......................................................... ..5 -
Cheezem - South Pointe Parcel ............................................. .. 2 -
City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 1 -
City Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 -
City Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 5 -
City Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 5 -
Community Redevelopment Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 -
Comprehensive Plan ..................................................... .. 6 -
Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 -
Development ........................................................... .. 6 -
Development Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1 -
Development Approval ................................................... ., 6 -
DRB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - I 1 -
DRB Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 6 -
Excess Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .' 6 -
Floor Area .............................................................".. ., 7 -
Main Parcel ............................................"."."........... . - 11 -
Notice of Default ........................................................ .. . 7 -
Ocean Parcel ............".................................................. . 2-
Ocean Parcel Development Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .. . 4-
Phase ..........."...................................."".................. . 7-
Phase of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' .. . 7-
Plan Area ......................................"........................... . 4-
Planning and Zoning Director .................................................. . 7.
Redevelopment Area ......................................................... . 4 ..
Redevelopment Plan ............................."........................". . 7 "
F:\A TIUILEVLlOCEAN\1999DV12.AOR
Fehruary 10. 1999 (~:~7J'm)
- 35 -
Draft for Discussion P rpose;' Or y
Subject to Change in Wh Ie or i.I Pt "t
Retail Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .5-
Settlement Agreement .................................................... .. . 3 -
SOM Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . - 11 -
Substantial Modification .................................................. .. . 7 -
F:\A Tro\LEVLlOCEAN\I9990V12.AOR
FabNaryIO,I999(5:57pm)
- 36-
Draft for Discussion PlJrpose: Or, y
Subject to Change in Wh~/e or i, I Pi -t
List of Exhibits
Exhibit "A" - Legal Description of South Shore Redevelopment Area
Exhibit "B" -- Legal Description of the Cheezem - South Pointe Parcel and the Ocean,
Parcel
Exhibit "C" -- PS - Performance Standard Zoning District
Exhibit "D" - 1999 Concept Plan
Part 1 - Site Plan
Part 2 - Amended SOM Plan
Schedule X - Timetable for Development
Schedule Y - Certain Development Parameters
Schedule Z - List of Required Development Approvals
Exhibit "E" -- Copy of Consolidated Order under DRB File No. 9611
Exhibit "F" -- City's Obligations/Public Facilities Plan
Exhibit "0" - Traffic Mitigation Plan
~~':=~O~~~~~;~~~~9'}DV12.AGR - 37 -
F:IA TIUlLE VLIOCEANlI999DV 12.AOR
February 10. 1999 (~:~7pm)
Draftfor Discussion Purpose! Or.'y
Subject to Change in Whole or ill Pc -t
Exhibit "A"
Legal Description of South Shore Redevelopment Area
~ou>>o~~y OC~C~lPTI0H
"
The South Gcftch ~e~evelo~Mcnt ~roJect ~re.. her~l~a(\cr
cal\~d the -project ~r~a.. Is de\lnc3ted on the project 80und~cy
and '.and Use plan t':~p deslqnated .s J:xhSblt A. ~nd Is I:\ore r.ar-
tlcu\arly cescribcd AS (01lo~s:
All that r~Al property.in the City o('Hl~mi
5cAch. County of Dade. State of FlorS~a~
v~thin the rollovin~-descrlbed boun~aires~
Seqi;'nSn9 at the Ilorlh\o"esterly corner of LOT 2. 8u:'CX h iLr.E 000
sueDIVlSlO~. 3ccord inq to THE }.'-tEtlOT.D PLAT ther.eof as recor~ed 1'1
plat Soo)( 28. PAge -)4. C'f lhe Public Records of Dade County. rl ri~,'~:
,hence"run Easterly a10n9 the t'ortherly l1ne of said LOT 2 (or a d'I~.
t~nce ol lSO.' (eet more or less to a poInt. said point ~inq he
"orthe~sterly corner of said LOT 2:
Thence continue alon9 above lllent1ened course foe. distance of SO :~e. t
~oee or less. across West Avenue.to the 1ntersect10n with ~est rly
line of BLOCK. 2. iLEETWOOD SUBDIVISION. ac:cordinq to the .AHC:~D D PI:"A"
thereof &s rec:orded 11'1 Plat Sook 21. paqe 34 of the Public Rec rds 01
Ca~e County. Florida:
Ohenc:e run Southerly alonq the westerly line of said 8~ 2 r r a
... dlst.anc:e of 160.) reet IllOre or lesS to . polnt. said point ~f q a'
~'point of Curvature (P.C.) of a c:irc:ular c:urve c:oncave to the ~ rih~a~t
ana havinq (or its elements a radius of 15 feet and a central n9l'~ ."f
90: :
Thence run ~lonq said circular curve an ace: dist~nce of 2).~ ( et
more or l~ss to thc ~oint of Tan9cncy (P.T.):
Thence Fasterly ~10nq thc tl6'rtherly line .of Sixth Street Cor a dis:arce
of 2679.( ~eet more or Idss to the' point of tntersection with he
ras~erly line of ~&shlnQton Avenue:
Thence run sout.he~sterly alonq said r.asterly line of ~~shln9to
foe a dist~nce of 164.) feet more or less to the poln~ of Ii'll
with the Northerly line of a 20 Coot .lley known presently as
S~reet:
J..v,en'e
rsect on
1x~h
Thence ~ontlnue alonq above tescrIbed course (tlortherly line
Street projected ~~sterly) Cor a distance of 1400 (eet ~ore 0
to a point:
Thence run Southwesterly along the lIne parallel to end 1680
Thence run Easterly alonq the Northerly line or said Sixth Str
{De & dis~anc:e of 713.7 feat .ore or less to the Point of rnte
with the Easterly line of Ocean Drive:
EXlIIBIT -,.-
"
.~
."'''''''''-C' or IC'S~ '.a",:"Io'...-117 -.. III'C: at "'OIJ""~ #I".....~... 1.....1
of :fOO ftc\ ".orc: or \"'.s 10 a I"',n\:
'rhc:nce run ,"->uth~:",;Inr\y ~t. An ''\'''J\C: oC ?Oo ..Ilh I,he prc:vt"us
at. a distance uC 6.'>0 (.:c:t ."o.>re or \.:"s to a point.:
7~cnce run ~o~thw~s\~rly at an ~n91e oC 900 wi~h ~h~ previcus
a d:st~nce oC 2100 (cc~ ",ore or lc,;s \o'a point.:
'ro. ..:
'rhcnc-e run \:e~t.erly .,\)on9 the line 1):.r:.lle1 t.o iond lOO (eet mor .,r
lc:~s $ou\h oC Lhe ~orlherly limits oC Covc~n~ent. fut. Cor a dlst. nce
of !?OO:(c.-et. ".ore or less to a point:
Tl",enr.e run 1:01 \ h"'''$lc:rly ...lonCjJ the 1 in&: parallel to ~nd' 620 (c,&: more
or less Soulhwrst. of r.xis~inCjJ bulll.hc...d line (M.H.W. Line) ror a dis~
tcnce of ) 000 f.:et ,,,ore or 1 ess to a poi nt:
Thenc&: Cu~ SQuthwcst.erly at on anCiJle of 900 wit.h the previous c urs~
a distance of 95 (eet. ~~re or lc:ss to ~ point:
Thence run ~orthwesterly at. an an9le of 900 with the previous c urs~
a dist~nce of SOO (e.:t. '''o.re or l...ss lO a point:
':"hence run I:ortheastr:rly at an lIonQle of 900 wit.h the previous c u:,s,,~
tor.a dist.~nce of 9S Ceet moce or less to a point:
Thence run North'-'esterly alono the line parallel to and 620 fee 1D0,:~e
or l&:ss Southwest. oC existino bulkhead line (M.H.W. L~:ae) tor a ~Is".
lance.of 2500 feet moce oc less to a point.:
':' Thence E:asterly a]onCjJ t1;le line parallel to and 175 feet. fftOre oc -les:v
N ~oC'th ol t.he t~orth I ine of Sixth Street produced '-'esterly lor - dis..
tance of 910 Ceet more ~r less to the Point of &eQlnnino. '
"
, .
F;IA rroILEvLlOCEAN\1999DV12.AOR
February ]O.1999(~:~7J1m)
Draftfor Discussion P Irposel OJ Iy
Subject to Change in Wh Ie or l~ p, rt
Exhibit "B"
Legal Description of the Cheezem - South Pointe
Parcel and the Ocean Parcel
Legal Description of
Cheezem - South Pointe Parcel
n~uncSC1d on I.he ':es~ by I.he Wc:::\.crly ::hore of "Iscayne B;ay; aounde4 on ~he E;as~
\'y \.)oe t..osion Con\.rol Line. .:as rccorded in Pl;a~ Book lOS. page 62, .hbllc Ilccords
oC O.~de Coun\.y. ."\<)1' hl",. ::.~ id I:ro::ion Con\.rol t.i ne bein9 Wc:s\.erly oC t.he We::uc1y
Shore Line oC \.he "~l.~n\.lc Oce.:an. ;as said Shore t.lne Is es~;abll&h.d br .BeACh Ile-
nourl~n~ tIC,)ns; B<),u"l"od on the South by doe Sou~herly llne oC ~he R_or..d rla~
of SOunl B~" r""K. Ilcc~rded In Pla~ Cook 6 at pa,e 77, public Records.oC Dolde
County. Florida. said Sou\.l~rly line beln9 the Northerly line of t.he 00YrIlNMr.NT
Mr.S~IlVATJON as recorded In 0.11. Book 10271 at Pa90S 1068 and 1069. hbllc Records
ot o,)de Cc.",,~y. Flor.....: D.......lcd.on \.he l'or~h by the Nor~herly line of ..Id SCIUT1t
6::ACII PlUtK. .1so l"cin9 the "orU...r1y line of Section 10. Township S4 South. Ilol..,e
42 ~~S~. ~de Cuun\.y. Flurlda. ~re p-rtlcu1arly described by P"rcels as follows,
"AIlCl!:L 1. All of B'oeks I t.laro...,h 8. Inclusive. sounc BCAC1I P"IUC., -Reeor.s...t In
plat Book 6 at r.l9. 77, rubllc R~cord. of Dade County, Florida, and all oC ~'rl~
Ioven_, Oce;an Drive oand 1I0ld Pl;ac., locate4 .djacent to ~he ext.erloe' boundaries
of Block. 1 thrOUCJh 7. .. closed by Hous. Bill No. 'as. dat.ed 5/27/4', S\.al.e of
Florid.. and t....t P.rcel oC ~n4 bowMS.d .s follow.. Bou.... on the l:as~ br t.h.
Erosion Control Line. ;as recorded In Plat Book lOS, P.9. 62, Public Records of '
D.de County, FloridA; Bounded Oft the West br the EastlPrly boundoary oC ..14 BlCK'k
1 or afore..14 Plat, aoundod Oft t.he South by tloe Southerly bounclary oC sal4 recorded
pla~ of SOUT'll DI:l\CH P^RK, .:al_ beln9 t.h. North.rly ,boundary of t.ho CDVEIIHHDri '.
Jl.ESD'(ATIOH. as recorded In O.R. Book 10271 at P.ge. 106B and 106', hbllc Recore!.
oC D~.se County, Florid~, Boundee! on t.he North br the Southecly 11ne of the C.H.
LV" Proper~y. as shown on s.le! recorded plat. of SOunl IlEACH rAIUC.. ...t.enaLrd ~st.rly
to Its intersection with t.he ~Coresald Eroslon Control Line, said Southerly line
also bein9 parallel to ane! 132.00 Ceet e!lst.ant Sou~hecly oC the Northerly line
or Section 10. Township S4 South. Range 42 East, ~e!e County, Florida. Contains
14.8069 Acces. .ore or less.
PARCI:L 2: A part or C.II. Lua Propert.y, .s shown on ..ld reCorded plat:. of sourH
BEACH PARK, Recorded in Pbt Book 6 at: "age 77, Public "ecords of Oa. County,
Florie!., and . p~rcel of land lyln9 ~.terly of the Ea.t.rly 11n. of sale! SOUTH
!lEACH PARK. and Westerly of the .stablishe4 Erosion Control tolne, .. recorde4 In
Plat !IooIt 10S. Pa9. 62. hblic Records of Oae!. County, Florid., aoun4ec! a. Collow..
!Iounded on t.he Wost by Collins Avenue; Bounde4 on the NOrth by the Nor~hecly Une
oC saie! soun. aEACH PARK :and its extension Easterly. sale! Nort.herly 11_ .1_ beln9
tho "ort.herly line oC Sectloft 10, Township S4 South. Jtang. 42 East: Bounded -
the ~st by tl~ Erosion Control Line. said Erosion Control Line beln9 Westerly
oC the lCest.orly .1101'. of t.he Atlantic Oce~ft. as est~l1shct4 by Beach Renourisl..ent
f4eans, DouncJed on the: ~outh by tho Southerly line oC t.h. C.H. Lua Property. i.c.lng
132.00 r.:et dh\.ant Sout),,!rly of. and parall.l to the sa14 Northerly 11n. or s.ld
Section lO, TVJnshlp 54 Saut.h, R.ln9c 42 ~st:, Dade Count.y, Florida. Contains
2.M749 Acres. .ore or )C~..
PlUtCEt. 3. A part of C.II. Lua Property. as shown on sai4 rec:or4e4 plat oC souru
BEAOI PARK. Recurd~ in Pl~t Book 6 at "a9. '7, Public. Records oC D~4c Counl.y.
Florie!a. MOre fN'rt.icul.~rly de~crlbc:d ~s rolJows: C_nc:e at 'the Nort.he.st corner
or the Nor\.hwest 1/4 or S~cl.lon 10. Town~hlp 54 South. R.ln9C 42 East: Thence run
South 87. 38' S7. West. ~'0ft9 t.he l~rt.hcrly line oC said section 10. .1so being
the So.,\.h Ri9"t-oC-":."y line of Bisc.yne Avenue. as shown on t.... .Cor_nUo,,"
Plat. a distolftCe oC 434.4' reet. MOre or less. to \.he int.ersectlon oC the West
1 ine. of Co) Uns "veftue ..,,04 t.he South R19ht-or-Way line of .aid Blscayne Ave_,
to the Point. oC Deglnnlng (P.o.a.), Thence run South 10. 47' 3S. West, al0ft9 the
~es~ ~19h~-ot-way line of said Collins "venue. a distance of 13S.5S fee~ t.o a point
on the South 'Ine of C.l'. Lua Property 1]2.00 reel. South or. at right angle. to
the Nort.h line of. said Section 10. as shown on the .rore..n~lonec! plat, Thence
run Sou~h 87. 38' 51- West. parallel to and 132.00 feet Sou~h of., at. rl9ht. angles
to the Nor~h Une of said Sect.lon 10. a distance of 163.00 teet, Thence ,.. North
2" 21' 03- W.s~. a dls~;a'ce oC 132.00 feet to t.he Nor~herly line of s.Id S~ion
10: ~nce run t1or~h 81. 38' S7- ~st. along the North line oC s.ld Section 10.
(~nd the South line oC Collin:: Avenue). a dls~ance of 193.82 reet to t.he Point
ot De~innln9 (P.o.n.'. Con~ains 0.S406 Acres. -ore OC less.
)
ql,
')
(COlfTU'UED)
2nd PART or r:.IICt."t.): A p'U'C or C.H. ..... Pt'opeety. a. .~n on s.ld recorded ph~
or $OUTH BEACH r'A~K. n~cn.~cI In PSaC aook G aC r~,e ". Public Records of D~d.
C,)\lftty. rl0l'i"A. ~.. p;.."l,,""~rly dc:scrlbecl a. Collow.. c:_"ce al: l:ho 1Io."\l...,;l:
c~rnee ot \.he IIorl:~sl: 1/4 or S~cl:lon 10, Town.hlp ~4 Soul:h. ~n,. 4' E4sl:: ~.u"ce
, run South .,. 3.' s,. Mr.~t. alOft' "he North.rly )lne of said Scctlon 10 ~a).o bel"9
\.h. ~u\.h IlIlJht-oC-.:.:ly ) la.e uf IUSCAYnc Av.nue) a. C~ft on the ~(orc_nl:lon.d
,.bt:. ~ ctS.uncc o( 6:00.)1 r~t. 'to "he Point. or Bc,in"ln, (P.O...), Thenc:c run
Sou~h 2. 21' 01. E,.Sl: .,\)0", \I.. w...l: line or P....cel 3. a ttist;ance ot 132.00 r.:ct,
Tl....nc. run Suu\.h .". 1.' ~'I. .:....t:. 1"'\I"Al1el t.o An4 132.00 reet South of.' At r19h~
~",lo:s Co, tho .Noeth Unc or ~Ald SeCl:ion 10. a distance ot lH.S4 reel: to the
East Ri9ht-r-~.y line or t:.:lIshi"",ton Avenue, Thence ruft North 10. 47' )s. t.ut
;alo", Cho E.:s"erly lli'Jht-or-W;ay Jlne of W~sbin9tOft Avenue, A distance ot l1S.SS
(~et to \.he "or\.)~ely )Ine of s.ld $ec\.1o. 10 (and l:he Sou~h Rl~hl:-of-w.y line
or 81.c;ayn. Av.nue): T1N'~~ cun Nort.h .7. ).. S,. EAst, A 41.\.;ance of '3.7' (cct
to l:h. Po1nt or Dc,innln, (r.O.B.). ConCA In. 0.3)07 Acec.. .ore oe les..
".
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"
..
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PARCEL 1
The Ocean Parcel
Commence (p.O.C.) at the Southeasterly comer ofBiscayne Street (formerly Biscayri.e AVI::tll,e) and
Washington Avenue (shown as Miami Avenue on the following descnocd Plat), as said Strc:et and
Avenue are shown on the SOU11I BEACH PARKSUBDMSION recorded in Plat Book ti, c:t Page
77 oft:hc Public Records of Miami-Dade Counry, Flori~ thence run North 87038'57" East akng the
Southerly line of Biscayne Street, as said Street is shown on said SOUTH BEACH ?ARK
SUBQMSIONS Plat, a distance of 717.266 feet to the Point of Beginning (p.Q.B.) ofthc l'l::fe 'enced
Ocean Parcel. The following 17 courses are on the dividing line between the Ocean PBrCl::l find the
Master Parcel, both. within the South Pointe Parcel: thence run South 10Q47'35" West, a dJstEincc of
165.214 fect; thence run South 87Q38'57" West, a distance of 143.817 feet: thence nn South
62 Q 18'04" West. a distance of24.53 feet; thence run South 27041'56" East a distance of 1 itCi,O feet;
thence nm North 62G 18'04" East, a distance of2.oo feet; thence run South 27041'56" East, ei, distance
of38.33 feet; thence run South 620 18'04" West, a distance of2.00 feet; thence nul South 27Q U'S6"
East, a distance of 116.74 feet; thence run North 62018'04" East, a distance of27.00 feet; ther-Ilce run
South 2r41'56" East, a distance ofl6.67 feet; thence run South 62QI8'04" West, a distance at 27.00
feet; thence run South 27Q41'56" East, a distance oC29.33 Ceot; thence run South 6r18'04" West, a
distance of 145.65 feet; thence run South 27041 '56" East, a distance of 12.00' feet; thence nm South
62QI8'04" West, a distance of27.93 feet; thence run South 2JA41'56" East a distance of 43.55S fc'ct;
thence run South 24G23'44" West, a distance of 40.00 feet to a point on the Southerly line oftf?e :lbeve
referenced. SOT.ITH BEACH PARK SUBDNISION, said point being the most South\ycsterly canter
of the Occsn Parcel, also being the most Southeasterly comer of the Master Parcel,' both bein!~ put
ofllie SouthPointc Parcel; thence run South 65036'16" East along the Southerly boUDdary ofth:~ Sll:dd
SOt.rrH BEACH PARK. SUBDMSION, a distance of 903.356 feet to an intcnicction with llbe
Erosion Control Line of the Atlantic Ocean. said Line recorded. in Plat Book 105, at Pago 62, ofllb.e
Public Records of Miami-Dade COl1I1ty, Florida; thence run North OOG 15'10.8" East. along tho EtiOSiJn
Control Line. a distance of937.12 feet to an intersection with the Southerly line ofBiscayne Sl:Ill~:et
as shown on tho SOUTH BEACH PARK. SUBDIVISION Plat; thence run South 87Q38'57" 'lIt.:lrt,
along tho said Southerly line ofBiscayne Streot, a distance of 588.426 feet to the Point ofBcginni..lg
(p.O.B.).
LESS AND EXCEPr'n
r)
Commence (p.D.C.) at the Southeasterly comer of Biscayne Street (formerly Biscayne Avenue)lI1d
. Washington Avenue, as said Street and Avenue are shown on the SOUTH BEACH PARK
SUBDMSION, recorded in Plat Book 6, at page 77 of the Public Records of Miami-Dade C)Wlty,
Florida. and run South 10047'35" West., along the Easterly line of Washington Avenue, a distallCl': of
6.16 feet to a point on the Southerly line of a 6.00 foot Roadway Dedication. said Dedication recorded
in Official Records Book 12566, at page 2914, of the Public Records of Miami-Dade County, Flori I:ia;
thence run North 87038'57" East along the Southerly line of said 6.00 foot Dedication, along :he
existing Southerly line of Biscayne Street, as expanded by said 6 foot Dedication, a distance of
638.266 feet; thence run South 10047'35" West, along the westerly line of Access Easement Par~el
per Official Records Book 15370, at page 380, of the Public Records of Miami-Dade County, Flori ia,
a distance of 159.05 feet; thence run South 87038'57" West., along the southerly line of Master Par:el
InfrasttUcture for a distance of 35.82 feet to the Point of Beginning (P.D.B.) of the hereinafter
described parcel of land; the fOllOwing 5 courses being along the exterior boundary of PHAS::~ r
REMAINDER per Official Records Book 15947, at page 2575. of the Public ~ords ofMiami.Dflde
County, Florida, (1) thence continue South 87038'57" West., for a distance of29.00 feet; (2) ther:ce
nm South 62Q 18' 04" West for a distance of24.53 fect; (3); thence run South 2r 41' 56" East fo~ a
distance of 18.00 feet; (4); thence run North 620 18' 04" East for a distance of 2.00 feet; (5); thence
run South 270 41' 56" East for a distance of 30.00 feet; thence run North 260 10' 10" East fa a
distance of60.35 feet to the Point of Beginning (p.D.B.)
PARCEL 2
The Easement Property
Commence (p.D.C.) at the Southeasterly comer of Biscayne Street (formerly Biscayne Avenue) a:Ld
Washington Avenue, as said Street and Avenue are shawn on the SOUTH BEACH PA.RK
SUBDMSIDN, recorded in Plat Book 6, at page 77 of the Public Rccords of Miami-Dade COI.mty,
Florida. and run South 10047'35" West, along the Easterly line of Washington Avenue, a distan:e)f
6.16 feet to a point on the Southerly line of a 6.00 foot Roadway Dedication, said Dedication recclrdll~:d
in Official Records Book 12566, at page 2914, of the Public Records of Miami-Dade County, Florida.;
thence run North 87038'.57" East along the Southerly line of said 6.00 foot Dedication. along th:~
existing Southerly line of Biscayne Street. as expan~ed by said 6 foot Dedication, a distancl:~ elf
638.266 feet to the Point of Beginning (P .O.B.) ofeM Easement Propcny; thence run South lOQ4735 '
West, a diBtance of 159.054 feet; thence run North 87038'57". E~ a distaDce o~79.00 .(~et; thence m;l
North 1OQ47'35" East, a distance of 165.214 feet to the onginal Southedy line ofBlscayne St:rcc::It
(fonnorly Biscaync Avenue); thence nul South 87038'57" Wes: along the original Southerly lini~ 01 r
Biscayne Street, a distance ofJ.556 feet; thence run South 10 47'35" West, along th!= Easterly Un:
of the said 6.00 foot Dedication. said Dedication recorded in Official Records Book 12566, at pag:
2914 of the Public ReCords of Miami-Dade County, Florida. a distance of 6.16 feet to th:
Southeasterly comer of said Dedication; thence run South 87038'57" West along the Southerly Ilin,
of said Dedication, a distance of 75.444 feet to the Point ofBaginning (P .O.B.)
PARCEL 3
;~
o
PARCEL 3 BEING A PORTION OF COMMERCIAL PARCEL NO.2
Commence (p.O.C.) at the Southeasterly comer of Biscayne Street {formerly Biscayne AvCf.:Oc I and
Washington Avenue. as said Street and Avenue are shown on the SOUI1i BEACH PARK
SUBDMSION, recorded in Plat Book 6, at page 77 of the Public Records of Miami-Dade ':::0 .mty.
Florida, and run South 10"47'35" West, along the Easterly line of Washington Avenue, a disi::an:e of
6.16 feet to a point on the Southerly line of a 6.00 foot Roadway Dedication, said Dedication rl~,rdcd.
in Official Records Book 12566, at pagc;2914, of the Public Records ofMiami.Dade County, Fkrida;
thence run North 87038'57" East along the Southerly line of said 6.00 foot Dedication, alon~ the
existing Southerly line. of Biscayne Street, as expanded by said 6 foot Dedication, a distan<:e of
638.266 feet to the Point of Beginning (p.O.B.) of rhe hereinafter described parcel ofland; thc:nc.' run
South 10047'35" West, along the westerly line of Access Parcel per Official Rccords Book 153'0, at
page 380, of the Public Records of Miami-Dade County, Florida, a distance of70.93 feet; fume,: run
South 87038'57" West, along the southerly lino of Conunercial' Parcel No..2 per Official Records
Book: 15947, at page 2575, of the Public Rccords of Miami-Dade County, Florida, a distance of :'5.86
feet; thence run North OZ021'03" West, a distance of69.07 feet to a point on !he Southerly lme (fthe
6.00 foot Roadway Dedication: thence run North 87038'57" East, along the existing Southe::r1} line
of Biscayne Street, a distance of71.99 feet to the Point of Beginning (p.D.B.)
PARCEL 4
P AReEL 4 BEING A PORTION OF MASTER PARCEL INFRASTRUCTIJRE
Commence (p.O.C.) at the Southeasterly corner of Biscayne Street (formerly Biscayne Avcr..ue II and
Washington Avenuc,as said Street and Avenue are shown on. the SDUI'H BEACH P\RK
SUBDMSION, recorded in Plat Book 6, at page 77 of the Public Rccords of Miami-Dade Co .lIlly,
Florida, and run South 10047'3511 WC5t, along the Easterly line of Washington Avenue, a dis::ar1i:e of
6.16 feet to a point on the Southerly line of a 6.00 foot Roadway Dedication, said Dedication I'cccllrded
in Official Records Book 12566, at page 2914, of the Public Records of Miami-Dade County, Florida;
thence run North Sr38'57" East along the Southerly line of said 6.00 foot Dedication, alon.;~ the
eXisting Southerly line of Biscayne Street, as expanded by said 6 foot Dedication, a. distJlDCIC of
638.266 feet; thc:nce run South 10047'35" West, along the westerly line of Access Parcel pcr Ofiicial
Records Book 15370, at page 380, of the Public Records of Miami-Dade County, Florida, a dist:U1ce
of70.93 feet to the Point ofBegimting (p.O.B.) of the hereinafter descn"bed parcel ofland; th,mce
continue South 10047'35" West for a distance of 88.12 feet, thence run South 87038'5'" West, a,ong
the southerly line of Master Parcel Infrastrucrure for a distance of 35.82 feet; thence nul:. ~ilorth
02021'03" West, a distance of85.82 feet; thence run North 87038157" East, a diStanCe of 55.86 feet
to the Point of Beginning (p.O.B.) .
PARCEL 5
Non-Exclusive right, privilege and easement to the use and benefit of the Following deotct:.bed
property for pedestrian and vehicular ingress and egress as defined in, and subject to, that OClClaniltion
of Easements filed August 5, 1987, in Official Records Book 13368, page 2779, of the Public F:.ecJrds
of Miami-Dade County, Florida;
The South Road Easement Area is legally described as follows: A part of Bloeb 3 and 4, Heidey
A venue, Collins Avenue and Inlet. Boulevard, all as shown on the SOlTIH BEACH P }II.RK
SUBDMSION recorded in Plat Book: 6, at Page 77, of the Public Records of Miami-Dade C01.:i:Uty.
Florida, more p.articularly dC3cribed as follows:
P AReEL A
n
.>'
Commence at the intersection of the Southerly line of SOUTH BEACH PARK SUBDf'J1: lION,
recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida, aid the
Easterly Right-of-Way line of Washington avenue (shown on tho referenced Plat as Miami A' caue)
and run South 6541 35' 12" East, along the Southerly line ofSOUfH BEACH PARK SUBDIVISION,
a distance of 16.00 feet. The following two (2) courses are on the said southerly tine; ThC11l:e run
South 6541 36' 16" East, a distance of203.12 feet to the Point of Beginning (p.D.B.), Thence nm South
6541 36' 16" East, a distance of352.64 feet; Thence run Nonh 2441 23' 44" East, a distance of 40.00
feet. Thence nm North 6541 36' 16" West, a distance of352.64 feet; Then.ce run South 24" 2.3' 44"
, .
West, a distance of 40.00 feet to the Point of Beginning (p.O.B.).
.n
PARCEL B
Begin at the intersection of the Southerly line of SOlITH BEACH PARK. SUBDIVISION a.,id the
Easterly Right-of-Way line of Washington Avenue (fonnedy shown on said Record Plat lI:S l~'"fiami
Avenue) and run South 6541 35' 12" East, along the Southerly line of SOutH BEACH )i1ARK.
SUBDIVISION, a distance of 16.00 feet; Thence continue along said Southerly line South 65 0 ~6' 16"
East, a distanco of203.12 feet; Thence run North 240 23' 44" East, a distance of 40.00 feet; Thence
IUI1 North 27.41 41' 56" West, a distance of29.3S feet; Thence run South 6r 19' 04" West. B di.itancc
of22.8S feet; Thence run North 65036' 16" West, a distance of 165.92 feet; Thence run ~.orh 6541
35' 12" West, a distancc of35.11 feet to a point on the Easterly Right-of-Way line ofWIl,shngton
Avenue; Thence nmSouth.lOo 47' 35" Wes~ along said Easterly Right-of-Way line, a diswu:e (f4.12
feet; Thence continue along said Easterly Right-of-Way line South r 21' 03" East, a distance ot 40.31
feet to the Point of Beginning (p.D.B.).
PARCEL 6
Restrictive Covenant concerning the following described propeny, as defined in and subject to, that
FAR Assignment Agreement filed AprilS, 1998, in Official Records Boole 18053, page SS7,Jfthe
Public Records of Miami-Dade Coun~, Florida:
Commence (p.D.C.) at the Southcast<<ly comer ofBiscayne Strect (formerly Biscayne Ave:lull~') and
Washington Avenue, as said Straet and Avenue are shown on the SOUTH BEACE:: I ARK
SUBDIVISION, tcCOrded in Plat Book 6, at page 77 of the Public Records ofDadc CountY, FI Jrida.,
and run South 104147'35" West. along the Easterly line of Washington Avenue, a distance of,:5.16 (e.ot
to a point on the Southerly lina of oxiIting Biscaync Street, as said line was created by a 6.0,) foot
Roadway Dedication, said Dedication recorded in Official R.ccords Book 12566, at page 2914"f the
Public Records of Miami-Dade COlUlty, Florida; said point being the Point of Beginning (p,O.3.) of
Commercial Parcel No.1; thence run North 870 38' 57" East, along the Southerly line: 0: said
dedication, along the existing Southerly line ofBiscayne Street, a distance of291.65 feet; th::lU:::C run
South loa 47' 35" West for a distance of63.11.feet; thence IUIl North 790 12' 25" West for a c:lli:tance
of 6.40 feet; thence run South S7a 38' 57" West for a distance of 249.018 feet; thcnce run Soutl62 a
lB' 04" West for a distance of 44.865 (eet to a paint on the Easter~y line ,of aforesaid Wa::lhilgtOn
Avenue; thence tUn North 100 47' 35" East, along the Easterly line of Washington Avenue, a dil:,tance
of81.3~ feet to the Point of Beginning (p.O.B.).
LESS AND EXCEPT ANY encroachments of the abovc-described Property caused b~, the
construction of the existing Portotino Tower, a Condominiwn, according to the Declaration th~eof,
recorded in Official Records Book 17405, at Page 2757 of the Public Records of Miami-Dade CC:Junty,
Florida.
Draftfor Discussion Purpose I OJ Iy
Subject to Change in Whole or III p, 'rt
Exhibit "C"
PS - Performance Standard Zoning District
F:\A lTOILEVLlOCEAN'lI999DV 12.AOR
F~bruary 10, 1999(~:'7I'm)
"
ORDIN^NCE NO:
1"-14)9
^N ORDINMJCr:: ^"'ENDING TtlE ZONING ORDIN^NCE OF MI^MI
BE^CH. FLORID^ (ORDIN^NCE NO. 1S91. ^S ^MEND.ED) BY
DELETING TIIEREfROM IN ITS ENTIRETY SECTION 22-10 --
INTERIM' DI~VELOPMENT DISTRICT ^ND ELIMIN^TINC" THE.
DESIGN^ TlON OF S^ME ON THE CITY OF MI^MI BE^CH ZONING
DISTRICT M^P ^ND BY "'^KING SUCH OTHER CH^NGES ^S ^RE
NECE~S^R.Y TO r.RING TilE ZONING ORDIN^NCE INTO
" .
CONFORM^NCE 'ol.'ITH THE NEW PERM^NENT ZONING FOR
SOUTH SIIORE. ^S EST^BLlSHED HEREIN; BY ^DOPTlNG ^ NEW
SECTl9N 22 TO BE TITLED: oopS - PERFORM^NCE ST^ND^RD
DISTRICT" ^ND M^PPING S^ME ON THE CITY OF "'I^MI BE^CH
ZONING DISTRICT ",^I'IN ORDER TO REGUL^TE DEVELOPMENT
^ND REDEVELOPMENT IN THE DISTRICT IN CONFORMITY WITH
THE SOUTH S1101~E REVIT^LIZ^TION STR^TEGY (FEBRU^RY.
"Ill). ^ REDEVELOPMENT PL^N ^DOPTED BY THE CITY
COMMISSION PURSU^NT TO THE COMMUNITY REDEVELOPMENT
^CT (F.S. S ~ I~).))O ET SEQ.); ^ND ^S TliE REDEVELOPMENT
ELEMENT OF TtlE CITY COMPREHENSIVE PL^N PURSU^NT TO
TliE LOC^L GOVERNMENT COMPREHENSIVE PL^NNING ^CT OF
197) (F.s.~ 16'.'161 ET SEQ.); BY PROVIDING FOR THE" REPE^L
OF <?RDIN^NCES IN CONFLICT HEREWITH; BY PROVIDING FOR.
SEVER^BILITY; ^ND BY PROVIDING ^N"EFFECTIVE D^TE.
v.'HERE^S. the City of Miami Beach. Florida (herclnafter ~Clty") Is a home rule
charter City pursuant to ^rt. VIII. ~ l(f). I{&) and 2(b) of the Florida Constitution. the
Municipal Home Rule Powers ^ct (F.S. Ch. I~~ (I97))} and the Miami Buch City Charter.
and has all -,overnrnental. corporate and proprietary powers to enable It to conduct
municipal &ovemment. perform municipal functions and render municipal services. IndUdin&
the authority to 'adopt and enforce comprehensive plans. zonin& ordinances and other
necessary land use control measureS; and r
'ol.'HERE^S, the City is authorized and required by the Local. Government
Comprehensive Planninc ^ct of 1'7}. as amended. to prepare, adopt. amend. as necessary.
and implement a Comprehensive Plan; and
V....IERE^S. the Local Government Comprehensive Plannin, ^ct specifically
provides that a redevelopment plan may be an clement of the Comprehensive Plan (F .s.. ~
1~).)I77(7)(h); and
WHERE^S. the City is authorized by the Community Redevelopment ^ct. as
amended. to prcpare. adopt. amend. as necessary. and implement a community
redcvelopment plan; and
-:J /.lj
I. ,,' ,..-
~ ." ":,,,...1.A ~.\.- .
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'-
'4'HEr..E^S. the City hu adopled the ~iami ~ach Comprehensive rl3n on
^u,u~t 10. 19&0, pursu3nt 10 the Local CoYernment Comprehensive Plannin, ^CI, which
COlnprehen~ive Plan incorporaled by rderence the Soulh Shore r..edeyelopmenl Plan adopted
on March 1, 1'177 3nd 3mendC'd on ^pril H. 1'17' by the City; :lnd
WliERE^S. Ihe City amended Ihe Redeyelopment Plan clement 01 the
Comprehensive Plan on May}. 1'1&1 with the adoplion of an ^mC'';ded and RUlalC'd
Redevelopment Plan lor the South Shore Redevc:\opment Project; and
WliERE^S. Ihe City' adopted an Interim Qcvelopmt nt Control ordinance
(Ordinance No, ~)-1)") on Januuy ,. 1'1&), replacin& the RU_Redeyelopment U~e District
:lpplicable to the South l\e3ch Redeyelopment ^rea in order to re&ulate and reurict
development in the area lor an "inlerim" period, but not to exceed one (I) year, pendin!:
adoption of 3 neW redeveIOp'nc:nt pbn and new permanent zonin& (or the are3; and.
WHERE^S. the City extended the Interim Deyelopment Control OrdiMnce for an
additional period not to exceed ~ix (6) months on January I J, 19&' and for an addItional
peri,?d not to e..cc:ed lour (~) months on July n, 1'1' to terminAte on Noyember U,.I'S';"
and
WHERE^S, the City, pursuant to proper notice and public hcarin&s In accordance
with the Community Redevelopment Act and the Local GOYernment ComprehenslYe
Planning ^ct, and "with Ihe recommendation of the Plannin, Board and the Redevelopment
-"&ency pursu3nt to 13"', has adopted the South Shore Revitalization Strate&y (Fc:bruary
I'I~) 3S the City'~ Rc:dc:velopment Plan (or South Shore and as the redevelopment element
01 the City Comprehensive Plan; and
WHERE^S, the South Shore Reyitalization Strate&y (February I'SIt) specifies
land UseS, densities and other plannin& and de~i&n criteria lor deyelopment and
redevc:\opment in the South Shore arc:a; and
WHERE^S, Ihe "PS . Pedormance Standard District" establi~hes re&uluions
consistent wilh 3nd in lurtherance o( the redevelopment clement and the &oah. objectiycs
. and policies thereof; 3nd
WHERE^S, the Miami Beach Plannin!: Board has held public hearin&s on the PS -'
Performance Standard District on May 22. 1'1&', June ", 1'&" and June 2'. t,&It. 11vlnt due
public nOlice thereol. and has submitted its recommendAtions thereon to the City
Commission;
'4'IiERE^S, the Miami Beach CilY Commiuion hu hc:ld public hearln&~ on the PS
_ Per/ormance Slandard District on Septemb~r " 19&' and September 19, 1'1&': &iYin& due
public nOlice Ihereo/, has heard various commen" from the public, has reviewed the
proposed zoning "i~trict and has made li~din!:s relative 10 Ihe consistency 01 the zonin!: and
the City Comprehensive Plan :lnd Redevelopment Plan.
,'.
2
NO"". TtIl:.REFORE. 1\[ IT ORO^INED BY THE BO^RO OF TilE CITY
CO~~\ISSION OF THE CITY OF MI^MI BE^CH. FLORIO^t
SECTION I. The Zonin& Ordinance of the City of Miami Buch. Florida (Ordinance
No. I~,)I. n amende.!) ~h3\1 be amended.n follo"'~:
(a) by deleli~& Iherefrom in in entirety Section 22-10, Interim Devel~pment Dinrict
and e1imin3tjn& the: dC'~i&n;\ tion of same on the Ci ty o( Miami Beael, Zonin& District M3p and
sub~litutin& a new Section 22 10.be: titled wpS _ Performance Standard District" and mappine
ume on Ihe City o( Miami [}each Oi\\rict Map;
(b) by dimin3tine (rom the City o( Miami Beach Zonin& District Map as e\\abli~hed
by Seclion _-2, the desi&n3tions RM-(,I), RM-IOO, C-I. C-' and Co, in the dc:~i&nated South
Shore redc:velopment arca;
(c) by elimjnatin& (rom the City o( Miami Beach Multl.Famlly Zonln& ^ru Di~trict
Map ((or Front and Rear Yard Setback). as established by Section 1-), the desianatioM ", ')
and 10 in tt,e desi&nated South . Shore redevelopment area and substltutlnc therefore the
(ollowin& lan&ua&e on said map: wSee Section 22 - PS - Performance Standarc1 District
r~&ula tions."
(d) by addin& to Section 2)-2^ a neW subsection' as (ollows:
"". any use, structure or buildin& loca\ed within a deslenated redevelopment
area."
(el by amendine Section 27-2^ by addinC theretO a neW subsC'ction U) to read as
(ollows:
",. FacilitieS shall not be located In any desjenated redevelopment area."
(I) by addin& to Sc:ction 2'-'^ a new subsection' as (ollows:
",. R-PS 1-" Residential _ Performance Standards District."
(&) by addin, to Section \"l-2 ne"" subsections J and J as (ollo''''t
WI. SICNS rERMITTEO tN THE R-PS 1-' DISTRICTS
ZONINC ^ WNINC/ DET ^CHEC
DISTRICT NOTES M^RQUEE FL^T PROJECTINC (pOLE-rYLD~
R-PS I t} sq. I' sq. not permitted not permitlcd
R-PS 2 ft. ft.
R-PS ) ^&&re&a Ie I' sq. (,0 sq. not permitted not permit I:ed
)
,"
".
R-rs 1&
Si&n Are~
'0 sq. ft./
100' 01 Slr!'!'t
Irontage
It.
ft.
,.
MJ. SIGNS PEIUIITTEO IN TUE CopS 1-) DISTRICTS
ZONING A V!NING/ DE"TACHED
OISTRICT NOTES MARQUEE Ft.AT PROJECTING (POLE-PYLON)
C-PS I 15 sq. 10" of 20 sq. ft. not permitted
ft. wall
1&0 sq.
ft. max.
C-PS 2 Aeere&~ te I'sq. I '" of 20 sq. ft. 20 sq. ft.
SiCn Area ft. wall
1'0 sq. hJ 70 sq.
100' of street ft. max.
front~ge
C-PS ) ^ccregate I'sq. 15~of ItO sq. ft. ItO sq. ft.
Sign Area ft. wall
200 sq. ftJ 100 sq.
100' 01 street ft. max.
fronta!;e
(h) by addine to Section 7-) new subsections E and F as lollows:
ME. R-PS I-It ACCESSORY
Permitted 3ccessory uses shall include those listed In Sections 1-)^ and 8 of this
Ordinance provided, however, that such accessory uses shall: (I) be designed princip311y
to accommodate and scrve the residents/occupants of the principal usc; (2) have limited
3ccessibility to the ceneral public; ()) be of a size and character consistent with the
needs of the residents/occupants of the princlpal usei (It) meet any ..., increue~ the
p3rking require'ments necessitAted by such usei ..ee4' .1 the 4e..e..,...e.." (" not
require additional 103dine facilities; and (6) not cause the need for any variance In
minimum required yuds, height. setback, bulk, parking, loading. floor area ratio, open
space r3tio. or other requirements of this Ordinance.
MF. C-PS 1-) ACCESSORY
Permitted accessory uses shall include those listed in Section 7-lC of this
Ordinance for non-residential principal uses and those Jisted in Sections 7-JA and B. ;)1
fa
....
tnodifi~d by S~ction 7-)E of this Ordinance, for residential princip.ll us~s. ^cceuory
uses in a mixed use development shall be subject to the requirements for residential
principal uses if 2~~:' or more of the total area of the buildint; is us~d for dwellin"
purpos~s .lnd to Ihe requil~m~nn for non-r~sid~ntial principal uses if less than 2)-. of
Ihe total .lrc,) 01 the buildint; is used for dwellin" purposes." .
SECTION 2. Th~ Zonint; Ordinance 01 Ihe City 01 Miami Beacti": Florida (Ordinance No.
IS')I, .n amcnd.:d) sh,,1I be further "mended by adoptin& a new Section 22 to.be titkd "PS .
PERFOIU,'^NCE ST~NI)^RD DISTRICT" by est"bIiShln& said district and by includin& s,)me or
the Iistin& of districts in Section "-I^ and Section 21-2 of the !onln& Ordln:lnce and by mapplnl..
same on the City of Miami neach Zonin! District Map pursuant to Section .-2.
$ECTION ~.
The ncw Section 22 _ "PS _ Performance Standard District" shall consist or
the followin! provisions:
Section 22-1.
Short Title
This Ordinance shall be known and cited as the .Performance Standard District..
Ordinance of Mi"mi Beach Florida."
Section 22-2.
Dc finitions
^. For the purposes 01 this Ordinance, words and terms used herein ilre defined ir.
Section) of the Miami Beach Zonin& Ordinance.
6. In addition, ;n used in this section, the followln& words and terms shall have tile
followin& meanin", unless another meanin" is plainly intended:
(I) ^I'I'LIC^NT means any pc:rson, Includln" a &overnmental asency, seekin" 10
undertake any development as defined herein.
(2) . ~ or PL^N ^RE^ means the ar~a included within the boundilries 01 the
South Shore Redevelopment I'roject as established pursuant to Fla. Stat. ~ 16).))0 et ~q. and !IS
specified in the Redevelopment Plan.
(J) BUILDING PERMIT means a permit issued by the desit;nated Build in" Olficial!)r
authorized ""ency or department of the City which allows a buildin" or structure to be erected,
constructed, altered, movc:d. converted, extended, enlar"ed or used, lor any purpose, in
conformity with applicable City Codes and Ordinances.
(.) 9.!.:!: means the City of Miami Beach, Florida.
U) CITY COMMISSION means the City Commission of the City' 01 Miami Bea.:h.
Florida, the "overnint; body of the City.
)
((,) COM~\U:-lITY REDEVELOP!lAENT ^GENCY OF 1'1(,'1 means and relers to the
community redevelopment law. Fla. Slat. ~I".))O et scq.
(7)
CO~\~\UNITY
REDEvELOPMENT
^GENCY or ^GENCY means the
Rede..elopment ^&ency 01 the City 01 Mi"ml Beach, Florida, a public agency creued punuant to
Fla. Stat. ~I(,).))O et SClh
,.
(S) DESICN I~EvIEw mCi1ns the process and includes the requiremen~s as set lorth in
Section 2) 01 the Zonin& Ordini1nce.
('1) DEVELOPMENT ,means the undertaking of any building or construction, includinl;,
new construction, rch...bilit.:nion. renoVi1tion or rede..elopment, the making 01 any materia'l
changes in the u~e or i1l'pearance 01 property or structures. the subdi..islon 01 land. or any othe.
action lor which dc..elopmcnt appro..al is nccessary.
(JO) DEVELOPMENT ^GREEMENT means and refen to an agreement entered into bl'
the City and the Property Owner with rupect to the project, by which the development, use.
timing. capit31 improvements and other elements of the project may be, specified.
(t Il DEVELOPMENT ^PPROVM. Includes any ~oning, re~onlng, conditionAl us"~
special exception, "3riance or subdivision approval, or any other official action of 10el,,1
government having the effect of approving the development of land.
(12) DEVELOPMENT RIGHTS means and ref en to !he equivalent n';lmber of dwellirl,g
units per acre calcul31ed i1S the dilference between 60 dwelling unln per acre and the number ''If
dwelling units per .lcre lor which develOpment approval Is bein& SOU&'" by the applican Ii
development ri&.hts are transferable to properties in the receivin& area only.
(I l) MIA~\1 BE^CH PROPER TV M^INTEN^NCE ST ^ND^R OS means and refen to
Chapter 17801 the Miami neach City Code, as amended.
(t _) OPEN SPACE R^ TlO means and refen to a percentage calculated as the area of
open space. including required y.uds, at &rade to the gross lot area of a parcel.
(1.5) PERfORM^NCE ST^ND^RD USE me~ns any development in the PS -
Pedormance Standard District ror which a building permit or development. approval Is requlr ,:d.
and, which use is permissible as 01 right or by conditional use in the PS diurict.
(I €o) PR OJ EC T means the performance standard use or development lor whiel. a
de..elopment appro.....1 is bcing sought by the applicant.
(17) P:tOPER TV OWNER means the person or penons ha..ing a le&al or equit<"bl(
interest in re.ll property, including property that is the subject of a development agreement, anI
includes the properly Olllncr's successor in iniereu.
€o
.<
"-
(1&) RfOEVELO('~\fNT PLAN mUM lhe South Shore Revltallution Straleu
prepued pursuant to Fla. StOlt. ~ I (,).))0 ~ ~.. Adopted by the City Commission on February D.
I'JS", 3nd constitutine the Re~evelop,"ent PI3n lor the area u well as the redevelopment elemen
01 the City Comprehensive PI3n.
(J'J) SITE PLAN means a plan meetin& each 01 the requi~ements as set lorth in
Section 1_-) and 2) 01 the Zoning Ordin3nce. ,.
(20) SITE ('LAN APPROVAL means linal 3pproval by the properly 4eslenated City
a&ency. department or ollicial pursU3nt to the procedure set lorth in Sect1~n 7 or 2) of the Zonine
Ordinance.
(21) SOUTH FLORIDA BUILDING CODE means Chapter a, Section.s a-I throuch $--
01 the City Code. as amended.
(22) SUBST ANT1AL r. EHABILlT A TION means the expenditure of funds in an amount
not len than 'O~ of the assessed valuation of the subject property for the reconstruction and
improvement of bulldincs, accessory uses and structures; for the construction or Improyement of
parkinc and open space; and for site deyelopment, that will result In such project then meetine an
applicable performance stancbrds and requirements of this Ordinanee.
(2)) ~ONING DISTRICT MAP means the City of Miami Beach Zonine District Map as
amended, dated and signed by the Mayor and City Clerk of the City of Miami 8e3ch, upon
adoption.
(211) ZONING ORDINANCE means the City of Miami Buch Zonine Ordinance,
Ordinance No. I a, I, as amended.
Section 22-).
Establishment of District and Diyisions
The PS _ Performance Standard District Is hereby established as shown on the map
desienated as the City of Miami Beach Zonine District Map. The PS district eenerally consists of
all pciyately-owned land in the South Shore Redeyelopment area and consists of two diylsions;.a
Residential-Performanee StAndard (R-PS) district and a Commerclal-Performanee Standard (C-
PS) district. each of which is lurther subdiylded based upon the .type and density or Intensity of
permitted uses.
Section 22--.
District Purpose and Subdistricts
A. Residential-Performance Standards. The residential-performance standards
district is desiCned to accommodate a broad spectrum of medium-to"" to hieh density residential
development includinC townhomes and multiple-family development pursuant to .pcrformance
standards~ which shall control the permissible ,typc and density of residential development.
Perlormance standards development will allow for modification of certain indiyidual lot
requirements, greater flexibility, particularly for larce-scale development, and incentives for
provision of ccrl3in amenities and for conformance with specified ob\ectiyes. thereby encouracinc
"1
....
more flexible And innovative desi&n and development. in accordAnce with the &oAh Ano objecti"es
of the Comprehensive Plan and the Redevelopment Plan.
In order to AdequAtely and properly distin&uiSh between perminible types and densities 01
residential deyelo?ment in the RedeyC'Jopment ^rea, the ResidentiAl-PerformAnce st.Jnd,uds
district is IUrlher divided into the 'ollowin~ subdistricts:
R-PS I
R-PS 2
:t-PS )
R-PS If
Medium - Low Density
Medium Density
Me~ium - tlieh Density
tlieh Density
B. 0 Commercial Performance Standards. The CommerciAI-Pedormance Standards
district is desiened to accommodate a ranee of business, commercial, oUice an~ hotel uses, as
well as medium to hi&h density residential development pursuant to "pcdormal\ce standards"
which shal! control the permissible type, density or Intensity, and mix of deyelopment.
Performance standards develop"'ent will allow for modification of ceruln Indiyidual lot
requirements, creater flexibility, particularly for larlte-scale deyelopment and Incentlyes 'Qr
provisipn of certain amenities and lor conformance with specified objectives, thereby encouracine
more flexible and innovative desien and deyelopment In accordance with the Coals and objectives
01 the Comprehensive Plan and the Redeyelopment Plan.
In order to adequately and properly distincuhh between typcs, densities and intensities of
uses and mix or permitted developm~nt in the Rede,:,elopment ^rea, the Comme~cial.Perrormance
Standards district is divided into the !oJlowincosub-dlstrlcts:
C-PSI
C-PS2
CopS)
Limited Mixed-usc: Commercial
General Mixed-use Commercial
Intensiye Mixed-use Commercial
Section 22-'.
Use ReJ:ulations
^. Uses Permitted By RiJ:,h1. Uses Permitted by Conditional Use Permit and Uses
Not PermittC'd. No buildin!:. structure or land shall be use:d or occupied except as a rnain
pcrmitted use. a conditional use, or an accessory use to a ma.in permitted use, in accordance with
the Table of Permitted Uses. ^ use: in any district denoted by the letter "P" is a use permitted by
ri&ht in such district or subdistrict. provided that all requirements and pcrformance standards
applicable to such uses have been met. ^ use In any district denoted by the letter "C" is
pcrmissible as a conditional use in such district or subdlstrict, pt"oyided that All requiremenu And
performance stan~rds applicable to such use have been met and provided that all requirements of
Section 7 01 the Zonine Ordinance haye been met. ... use in any district denoted by the letter "N"
is not permitted in wch district or subdistrict. Uscs pcrmitted by riChl. as a conditional use. or as
an accessory use shall be subject to all use reculations and performance st~ndards contAined
herein And to such other re&ulations as may be: Applicable. includinC site plan review Andlor desi&n
review. Uscs not listed in the Table of Permitted Uses arc not permitted In the dhtrict or
subdistrict. No use is rermitted on a parcel. whether listed by rlcht, AS a conditional use or AS an
&
,.
accessory use in such district. unl~ss it can b~ local~d on such p&rc~lln lull compliance with all 01
the pcrform.1nce st.1ndards Olnd other requirements 01 the Zonin& Ordinance applicable to th~
sp~ci fic use and p.1 reel in que It ion.
B. Tabl~ of rerrnitt~d Us~s
,.
Ohtricn and SubdiSlricn
General R csidcntial- Per formanc~ Commerclal- Per formance
Use Ca tegory St.1nd.1rds Standards
R-PS I R-PS 2 ~ ~ ~ ~ ~
A. Residential P I' P P P P P
B. t1oteI/Mot~1 N N C P C P P
C. Commercial N N N N P P P
D. Of fice N N N N P P P
E. Institutional P p P P P P I'
F. , Accessory P P P P P
P P
leJ:end
P _ Main Permitted Use
C - Conditional Use
N - Not Permitted
C. General Use CateJ:ories
I. Residential: includes sin!;le-famlly dwelJin!;, two-family dwellin!;, multi-fami':y
dwellin!;, townhouse, group home, apartment buildin!;.
2.
Hotel/~~otel:
. includes hotel, motel, and apartment hotel.
).
Commercial:
includes retail sales, personal seryic~s, restaurants, theatr~,
clinics, clubs and simil.1r uses.
II.
~:
includes professional, business, medical, laboratory, rescuch. a',d
similar oUice uses.
,. Institutional: includes public buildin&s and uses, public utilities, post oHice.
educational and phil.1nthropic uses. museums. reli&ious institutions, public recreation, and ott"er
similar uses.
I). Accessory:
Section 7-) of this Ordinolnce.
as defined in Section )-2^.2 and subl~ct to the re!;ulatlons or
O. Non-ConlorminJ:. Us~s. Lots and Slructur~s
.,
"
(I) ^pplicability. Non_conformin& u~e~. Iou and structuru shall be s~biect to the
re&ulations contained in Section 12 0/ this Ordinance and the additlon;r,1 and supplemental
reGul;r,tions prc~cribed herein.
(2) ~upple"'enl.1l Rer.ul;r,tion~ ^~ To Non-Conlormin~ Slructurc~."
(;r,) Any structure in existence In the rs district u 01 the ellecti..e d.lte of this
Section th.lt is non-conformin& as to hei&ht, are;r" yard, bulk. setback, open ~p.lce ratio. lloor are.l
r;r,tio. parkin&. 10.ldin&. or 1I00r are;r, per unit may be maintained.
(b) II ~uch non-conlormin& structure has \)cen cited by the Dade County Uns.lfe
Structures Board. the owners shall brin!; the structure into conformance with the applic;r,ble codes
within the time period specified by the Dade County Unsafe Structures Board. If it is not brouGht
into compliance with in s.lid time period. the bulldin!; shall not a&ain be used except in compliance
with the zonin!; regulations of the rs district.
(c) If such non-conformin!; structure is unused as of the eflecll..e d;r,te of this
ordinance and either (I) has re,n.lined idle or unused for a continuous period of six (t;) months, or (~"
has remained idle or unused for ei&hteen (IS) months durin& any three ()) year period ""hether or not
the equipment or lixtures .lre remo..ed, the structure shall not a!;ain be used except in conformity
....ith the re&ulations of the PS district.
(d) .If such non-conformin& structure has been dama!;ed by any cause whate..er to
the extent 0/ more than fifty (}O~) percent of the County tax-assessed ..alue of the buildin!;. it shall
not be restored except in conformity with the re&ula tions of the PS district. If a buildin& is
damaged by less than fifty }O~ of the tax-usened value, It may be repaired and used as belore the
time of dama&e, provided that such repairs or reconstruction be substantially completed within
twel..e (12) months of the date of such d.lma&e; provided that such repairs or rehabilit;r,tion result in
such structure meetinG all .lpplicable standards of the MiamI Beach Properly Maintenance Standard~
and the South Florida Guilding Code; and provided that such structure meets the minimu.m floor arel
per unit and minimum averaGe lIoor area per unit requirements of the PS district.
(c) Su lemental Re ulations ^s To Rehabilitation of Non-Conformin'~
Structuru. Except as provided above. no buildin& or other permit(s) shall be issued by the City fo'~
repair or rehabilitation of an existin& non-conformin& struetu;e for residential use (i) where the COSI
of such repair or reh.lbilit.ltion is less than fifty (}O%) percent of the assessed valu.ltion of th~
structure or filly (>O~:.) percent of the replacement value as determined by the Dade: County Tall:
^ppraisor, whichever is greater. ^fter such repolir or rehabilitation, the structure will then meet a'll
applicable st;r,ndards of the. "'iami Beach Property MaIntenance Standards and the South Floricla
Buildin& Code as detcrrnined by an on-site inspection and no other buildin& or City permit for rcpa.r
or rehabiliution h!,s bcen issued durin!; the precedin,; c;r,lendar year; and (ii) where the coU of ~u<h
rep.lir or rehabilitation is equal to or &reater than fifty (>O~) percent of the a~sessed valuation nl
the structure or lilty (>0')(,) percent of the replll'C"ement value as determined by the Dade County T,. x
^ppr;r,i~or. whichever i~ creater. alter such repair or rehabilitation. the structure ""II then meet III
applicable ~tand.lrd~ 01 the "'iami neach Property Maintenance Standards and the South Flori,la
nuildin& Code as determined by an on-~ite inspection; not less than cl&hty-five (Il>~) percent 01 ;dl
10
'"
d....ellin& units in the s\ructureb) sh.1\1 have a rninimum &ron 1I00r area o( not len than.7}0 square
(eet: and not more than (ifteen (I''''') percent o( the dwellin, units in the structure(s) shall have a
minimum ,ron 1I00r are.1 01 nOI leu Ihan ~OO square Icet. unlen a variance h ,ranled pursuant to
Seclion \) of this Ordinance.
SECTtON 22-6 Performancc SI.lndard nCl:ulalloM
,.
A. General Requirement. No buildin" structure or land shall ~ used or occupied
except in conformance with the performance. \landards applicable to the use and .subdi\lrict as scl
fOrlh in the applicable Table o( Perlormance Slandards. The purpo~ of the performance \land.\rd\
is: to provide detailed re&\llalion\ by means o( minimum criteria which must be met by all uses in
order to ensure development consistent with the &oals and objectivu of the Comprehensive Plan and
the Redevelopme!'t Plan; to protect the inte,rity o( the CompreheMlve plan and the Redevelopment
PlaA and the relationships between uses and densities that are enential to the via.bility o( the Plan
and the redevelopment o( South Shore; and to promote and protect the public he~lth, safety. and
&eMral weUare by requirin& "II development to be consistent ",ith the: land use. circulation and
amenities components o( the redevelopment clement o( the Comprehensive Plan and the capital
;,nprovements progr3m (or the arell.
All minimum performance standards applicable to a liven use and subdistrict must
be met. unless a variance is &ranted pursuant to Section I) of this Ordinance.
6. Table o( Residential Performance Standards
T^BLE OF RESIDENTIAL PE.RFORMANCE STANDARDS
Performance Standard
I. Minimum Lot ^rc:a
2. ..\inimum Lot Width
J_ Required Open Space
Ratio
II.
~'aximum 8uildin&
Height {in (eed
(excluding enclosed
parkin,). (or parcels
len than 110.000 square
(eet
}.
Maximum Buildin,
Residential Subdistricts
R-PSI R-PS2 R-PSJ R-PS"
10,000 10,000 10,000 10.000
sq.lt. sq.1t . sq.(t. sq.f t.
100 (t. 100 ft. 100 It. 100 ft.
.60 .6} .70 .70
30
"0
60
None
(,0
60
&0
None
II
Hei&ht (in feel)
(e llcludin!: enclo\ed
polrltin&). lor pMcels
01 ~O.OOO square Ic:el
or more
&.
Muimum F^R
(wilhout bonus)
.7 ,
I.'.
7'0
1000
N.^.
\..
I.')
I.n
,.
I.'
2.U
'00
7'0
.00
Pursuant to Section I of lonlnr; Ordinance. except AS modified
by ~ 22-6C herein.
I.n
2.00
Pursuant to Section' of Zonlnr; Ordinance and Section 22-&H
herein.
600
'00
'00 .
100
-enclosed parkin& sh~ll meet Ihe requirements set forth In Section ,-, I of this Ordinance. shall t e
covered by a roof and sh311 cont3in no residential use.
7.
Maximum F^R
(wilh bonus)
s.
~.~inimum Floor
^rea Per Owellinr;
Unit (in square leel)
,.
~tinimum ^verar;e
Floor ^rea Per
. Owellinr; Unit
(in square feet)
10.
Minimum Floor
^rea. Per Sleepinr;
Unit (in square leet)
I I.
Minimum Yards
12.
Minimum Parkinr;
Requirement
I).
Minimum Oil.
Street loadinr;
I'.
Si&ns
N.^.
1100
Pursuant 10 Section 10 of lonin!: Ordinance.
Pursuant to Section I I of Zoninr; Ordinance.
12
c. Table of Commercial Performance Standards
....
T^"LE OF COMMERCI^L PERFOR~'^NCE ST^NO^ROS
Performance $tand3rd
I. Minimum Lot ^rea"
2. Minimum Lot ,'idth
). ~'uimum 6uildinl:
Hei!:'" (in leet)
(excludinl: enclosed
pul<in!:).
-. Maximum Floor ^rea
Ratio (without bonus)
$.. Maximum Floor ^rea
Ratio (with bonos)
,. Residential Development
1.0
2.0
Pursuant
to all
R-PS2
district
rel:ula-
tlons.
t)
Commerc"ial Subdistricts
2.0
2.$
2.'
).$
pursuant pursuant
to all to all
R-PS) R-PS-
district dh trict
rel:ula. re!:ula-
t ions. tiollS,
except
ma ximum
floor
area
ratio
sha II be
)., and
open
space
ratIo
shall be
.&0
measured
at or "boye
&rade.
7.
Minimum Floor Are:Ol
rer SIe:e:pin& U~it
(in square: Ie:e:t)
s.
:>'Iinimum Yards
,.
Minimum Parkin&
Requireme:nts
10.
Minimum Oil-Street
LOOldin&
II.
Si&n1
'10,
~oo
~oo
~oo
Pursuant to Se:ction S 01 !onin& Ordinance
e:xcept as modi lied by ~ 22~6C here:in.
pursuant to Se:ction , 01 Zo~in& Ordinance
except as modified by ~ 22-(,1 t;ereln.
punuant to Section 1001 Zonin, Ordinance.
pursuant to Section II 01 Zonin, Ordinance.
.enclosed ~rkin& shall meet the requiremenu set forth in Section ,-, I 01 this Ordinance, shall be
covered by a rool and ShOlll contain no residential use.
O. Performance Standard Bonuses. In order to encouraf:e the af:cre&Olti.on 01
parcel~, an appropriate mill Olnd scale of development, and architectural and site desif:~ compatible
with the standards and &uidelines of the Comprehensive Plan .and the Redevelopment Plan, (loor
area ratioS mOlY be increased up to the maximums sp~cUied, In accordance with the applicable Table
01 Perlormance StandOlrd Bonuses and the crileria enumerated therein. Floor .rea ratio bonuses
may be accumulated by meetinf: one or more of the criteria as set forth in the applicable Table;
provided, however. tha t In no eyent shall any use be' permitted an increase in floor area ratio &reUe'
than the maximum specified in the applicable Table of Residential or Commercial Performance
Standards, except through the use of development rif:hU transfers. ~onuses shall be determined. ir',
accordance with the applicable Table of Residential or Com~ercial Performance Standard 6onuse:;,
Olnd the urban desi,n and development &uldelines Incorporated in the adopted Redeyelopment Plan,
durinf: the Oesi&n Review process pursuant to Section 2) of this Ordinance.
E. Table 01 Residential Performance Standard Bonuses
!ABLE OF R~SIOENT1^L PERFORM^NCE STM,m^RO BONUSES
Residential Bonus Factors
I. Parcel ^f:f:regatlon
a}
lor each 10,000
sq.h. aboye
minimum lot area,
up to _0.000 sq. It.
b)
for each 20,000
sq. ft. aboye
_0,000 sq.lt. up
Maximum Bonus
.n Increase In F^R
"
.1 Increase: In F^R
I ~
to &0.000 sq. It.
1:
o....e:llin& Unll Size
.1) for uch II)') sq.lt
incre:.1$<<: in minimum
AVera&e: Floor ^rea
Per Owellin& Unit up
to 1(10 sq. ft. increase
b)
For t"uh 100 sq. It.
incrt"ase: in minimum
1I00r Area per dwcllin&
unit for All units. up
to 200 sq. It. increue
). Oe:si!;n Features.
^" she plans ",all be
consistent with Urb.1n Desl!;n
&uidelines for the redevelop-
ment area as set forth in the
adopted Redevelopment Plan and
the adopted Priv3te Sector
Oevelopment Controls and
Guidelines (Ordinance No.
77-20"'. The Desi!;n Review
Board may recommend thaI the
applicant recelve a bonus.
within the r.ln!;es herdn
spectried, for ellceptional
.lchlevement In urban desl&n
in any of the follo...in,;
areas:
a'
Plantin& and landscapin,;
(considerin& type: of plAnt
materials, lushness, shadin,;
and coolin& eHect, seree:nin,;.
....ind control eflect, buflerin!:
eflect, color. size and uca of
plantin!:. maturity at tlmc of
initial pI3";tin,. maintenance
provisioM. :rri,.Uion and
.1 incre:ue in F ^R
,.
.1 incre:ue in F^R
.7' Increase in F ^R (but
In no event, whether alone
or In combination with other
bonuS factorS as established
hcrein, to cause the project
to exceed the "maximum floor
area r3t10 with bonus" a.s
set forth In Section 22-68 herdn).
Maximum Permissible
~
BonuS Ran~
.0' - .11-10
,"
"
relaliOMhil' 10 buildinr.\ 3nd
street ~cape)
b) I'.lvin!> .0) - .10
(considerinc surfolce molterial.
solar refleclion and olbsorplion, ,,'
le_ture and color. richnen and
un;'y, tr~nSilion ",,'ilh public
sp.lces. cre;\lion o( arrival
plol~a ;\nd inlcrn.:\1 polvin!>)
c) !>radin!> .0' - .10
(considerin!) slope, draina"se,
use o( &round cover. air movcment,
use separation, public and private
circulat~on. ,form olnd scale. visual
inlerest, space creation, public-
private transitions and continuity.
and 3rchitectural inte!>ration)
d) water (eatures .0' -.11)
(considerin!> movc:nent, sound,
reflection. recreation, coolin!>
eUect, architectural eUect,
coordination with piau or other
special place, public-private
transition, visual impact, and
relation to overall project desi&n)
e) si&ns and &raphics .0' - .10
(considerin!) (unction and purpose
scale, orientation, si~e, uyle.
aesthetics, location, relationship
to architecture, visual impact.
consistency and uniformity, view
blocka!)e. illumina tion, movement.
conflict and relationship to public
and private spacesl
() ureet (urniture .0' - .10
(considerin& pedestrian orientation,
function, scatin& capacity, visual
impact. integra tion with architectural
and other design elements, inte!)ratlon
with use o( public spaces, and activity
areas, unilormity o( style,
16
,<
location and scale)
s)
lir,htinr,
(considerin& lunction, circula lion.
sc:curitl', identification. ac:sthetlcs,
lighting 01 c:)(terior sp:\ces, liShling
of plantinr:, liShtinr: 01 architec-
tural and/or design lea turc:s,
lighting of p;Ukin& area, lighting
Ic:vels. ilnpac.t beyond projc:ct,
unilorrnity and consiltency with
architecture and other urban
design features, type of lighting,
and Ii&hlin& lixtures)
h)
arcadc:s
(considerin& pedestrian accc:n.
accommodation of activitic:s, Iinkag<<:
In circula tion pa tlern, rela tionship
to architectural and urban dc:sign
fc:atures, shadin& and cooling effect,
protc:ctive c:ffc:ct, rela tionship to
public and priva tc: spacc:s, acceni-
bility and usability)
>>
~"c:r&y Ee"'c:rva...."
{Ee"st.tc:..."g E."'.gwra "''''
e~"'.""'" s+~e. .,,4 SE.~l tles+g",
<<."'''WE''''' lIe'''l-kt ,..eEI\."kal
syue,..s, E.le,., a,,1I "',Il\em~
i)
site planning
(considering vehicular and pedestrian
circula tion and oric:nta tion, parking
location and llCCC:SS. quality and
amount of opc:n spacc:, building setbacks,
vic:ws and vist:u. building oric:ntation,
relation to adjacc:nt buildings and
structures. rela tion to public and
priva te spacc:s)
j)
building duir:n
(considering sca Ie. hc: ight, man,
lacad~. surl3cc: materials. rooftop,
aesthe lics. integra tion with urban
design features. color. relatlon-
,~
17
"
.05 - .10
,.
.0'-.10
.OJ . .10
.0' -." .10
.05 - .25 .10
ship to adj.lc~nt buildin&s and
spaces Olnd continuity with res~ct
10 Olrchi.c:ctural desicn)
....
F. Table of Commerci.ll Perlormance Standard Bonuses
,.
TAnLl: Or- COl\tMfRCIAL PERFORM...NCE STANDARD BONUSES
Cornm~rciOlI Bonus 1"00Clon
I. Parcel/\&&r~&:I,ion
a)
for eOlch 10,000 sq. ft.
abov~ minimum lot area, up
to ~O,OOO sq. It.
b)
for eOlch 20.000 sq. ft.
above _0,000 sq. Ct.,
up to &0,000 sq. ft.
2. Duign Featur~s
All site plans shall be conshtent
with Urban Design &uidelin~s for the
redevelopment area as set forth In
the adopted Redevelopment PIOIn and
the adopted Priva te Sector Development
Controls and Guidelines (Ordinance
No. 77-2O'J'). The Design Review
Board may recommend that the
applicant receive a bonus, within
the rOlnges herein sped tied, for
exceptionOlI achievement in urban
design in anyone or more of the
following areas:
al
planting and landscaping
(considering type 01 plant
maleriOlls, lushness, shading
and coolin& eflect. screening.
wind conlrol eflect. buflering
effecI.color, size and area 01
plantin!). malurily at time of
inilial planting. mainlenance
,~
Ma xlmum Bonus
'." Increase In FAR
.llncreue In FAR
., increase In FAR (but in no
event, whether alone or in
comblnOltion with other bonus
factors as established herein.
to cause the project to exceed
the "maximum floor area ratio
with bonus" as set forth in
Section 22-6C hereIn, except
through use of development
rights as provided in this
Ordin~nce.
Maximum Permissable
Bonus Ranlte
.0' -." ...U
1&
provi~ions. irri&31ion 3nd
relationship to buildin&s and
~treel scapel
b)
p3vinc
(considcrin& surfacc material,
solar re/lection and 3bsorplion,
te "ture and color. richness and
unity. transition ....ilh public
spaces. cre3tion 01 arrival pIau
and internal p3vinb)
cl
cradinc
(considerin& ~Iope, draina&e,
use 01 Cround cover. air movement,
use: separation, public and private
circulation, lorm and scale, visual
interest, ~pace creation, pub.lic-
private transitions and continuity,
and archi\ectural inteCra tlon)
d)
water leatures
(considerin!) movement, sound,
reflection, recreation. coolin!)
e({ect, architectural ellect,
coordination with plaza or other
special place, public-private
transition, visual impact, and
relation to overall project desi!)n)
e)
sicns and !)raphics
(considerinc lunction and purpose,
scale, orient3tion. size, style,
aestheticS, location, relationship
to architecture, visual impact,
consistency and uniformity, view
blockal)e, iIIumil\3tion, movement,
conflict 3nd rela lionship to public
and private sp3ces)
l)
street lurniture
(consideril\' pedestrian orientation,
lunction. sea line capacity. visual impact,
intel)ration ....ith architectural and other
desi,n demenu, intc&ration with use
01 public spaces and aCllvity
.0) - .10 .
.o'-,~o
.0' - .10
.05 - .10
.0' - . I 0
I')
ar~u, unilormlt,. 01 \lyl~, loc;)tion
and scal~)
(&) li&htin&
{consid~rin& function, circul;) tion,
security. identification. aesthetics.
lighting 01 eXII:rior spaces, li&htin&
01 planting, 1i&hting 01 architectural
and/or design lea tures, li&htin& of
parking areas, li&hting levels,
Impact be)"ond project. uniformity
and consistency with architecture
and other urban desi&n features. type
of lighting, and li&htin& fixtures)
h)
ucades
(considering pedestrian accen,
accommodation of activities. linkage
. in circulation pallern, relationship
to architeCtural and urban desi&n
features, shading and cooling effect,
protective errect, relationship to
public and private sp<1ces, acceui~ility
and usability)
ij
~"~'gy Ee"~e'V<lHe"
~e"sHI~mg Ee"~g..'al"", e~"laHe",
siz~ a"" ~Ea~, "e~ig", Ee"SI'"EHe",
"ela~ '''~Eha"i€al syslerlls, Eeklft aft"
"'a'~...ak.} ;
j)
site planning
(considerin& vehicular and pedestrian
circulation and orientation. parking
location and acceu. quality and amount
of open space. buildin& setbacks, views
and vistas. building orientation, relation
to adjacent buildings and structures,
relation to public and private spaces)
j)
buildin& desi&n
{considering scale, hei&ht, mass, facade.
surface materials, rooftop, aesthetics,
integration with urban design features,
color. relationship to adjacent buildings
and spaces and continuity with respect to
20
'I,.
.05 - .10
.0,-.I,....tO
.OJ-.IO
.05-.15.19
.0'..25 .19
'-
,Hchitectural dc:si!;n)
). C-l'S 2 Only
a)
Outdoor calc: (with minimum 01 }OO square
feet)
.O} _ .I} .1 increase in F ^R
"
b)
Fint Floor Commercial Use (with minimum
01 1,000 square leet)
.o} - .1} .1 Increase in F ^R
c)
Developmc:nt ~ighn Trander - for each
development ri&hl
1,000 &rou square foot
Increue in maximum permis-
sible floor area
G. Supplementary Yard Reltulations
I. ^pplicabilltr. The yard re&ula tions set forth in this Kction (a>
supplement the re&ulations set forth in Sections a-I, a-2, S-:6, a-7 and S.! of this Ordinance, w ich
remain applicable to all development in the PS dIstrict; and (b) substitute for the yard re&ulat ons
set forth In Sections a-J, 3-" and 3_' of this Ordinance, which shall not be applicable in the PS
district.
2. Minimum Required Yards for R-PS 1-' Districts. The folio in&
minmum yards are required for development in the R-PS 1-. districts at and above &rade level:
Front and Rear
~
setback of 1,0' each.
the sum of the side yard widths shall be at
least 2'"" of lot width, but no interior side
yard shall be leu than 10"" of the lot width
or 10' whichever is &reateri and no side yard'
adjacent to a street shall be leu than J) feet
or 10"" of the lot width, whichever is &realer.
The fint 10' o( such side yard adjacent to a
street shall be developed and maintained as a
landscaped area.
20' . I' for each 10'
in height above &0 (eet
measured (rom grade up to
a maximum (ront and rear
Provided, however. that townhouse residential development as deCined by and punuant
regulations established in Section 2} o( this Ordinance on parcels not leu than 21,000 squar
and at a height not &re3tcr than )0 feet above grade includin& enclosed parkin& shall be e
Irom the side yard setback specified above and shall be subject in-lieu thereo( to a minimu
yard se tback o( 10 feet; and shall be exempt (rom the mini~um open space ratio, otherwise re
pursuant to Section 22-63 herein and shall be subject in-lieu thereof to a minimum open spac
01 .~O.
the
(eet
ernpt
side
,"
21
\..
).
~\Inimum R~ ulr~d Yards in Relation to Minimum 0 en
3ce
Ratio. In all cas~s, ~xc~pt as otherwise provided herein, an applicant must comply with both
minimum r~quired y3rd and m inilnum open space requirements. Where the minimum oJ>C'n \P3C~
ralio results in lOre31er required open sp"ce at ,rade than th3t resultin, Irom the minimum yards
requirements alone, Ihe 3pplic"nl ",ust provide not less than '0% of the difference in Ihe 10 m 01
open space at ,rade and the reln3inder either al or above ,rade. Open sp.~ce a~ve ,rade may be in
the lorm 01 recreoilion3' 13cililies 3bove the pedestal portion of the buildi';lO. Required Y3rd and
open space. whether at or 3bove lOr3de, may not be utilized lor parking or accenory stru lures
except as set lorth above; however,.at-,rade drives in the C-PS) Di~trict shall be permitted when
s3id drive is nOI less Ih3n 7Y. feet from the property line.
4. Minimum R~Quired Yards for C-PS 1-) Districts.
(a) The follow In, minimum yards are required for non-resid ntial
dev~lopment in the CoPS 1-) districts and residenti31 development in the C-PS ) District a and
above grade levels:
Front
I O,leet, but no point
on a building shall be
closer to the Iront lot
line than one-half the
height of the point
above ,rade; not with-
standing the above no Cront
setback shall be r~quired
for buildings in the C-PS 2
district whose front lot
line is on Fifth Street
(Miami Beach Boulevard)
and the minimum required
setback in the C-PS )
District for build;"ngs
Ironting on the east side
of Washington Avenue sha II
be a conSlant Iwelve (12)
feet.
~
10 feet or 10'1(, of
the buildin, hei,ht,
whichever is greater:
Side (total)
10" of the width of the lot
or I 0" of the hel,ht of the
buildin" whichever Is
grea ter; provided, however,
that no side yard adjacent
to a street shall be: leu
than 10 feet and no point on.
the buildln, shall be
closer to the centerline
. of a side street than one-
half the height of the point
above grade. Not withstanding
the above, the minimum required
side yard setback in the C-PS )
District along Biscayne Street
east of Washington Avenue shall
be'U h. provided however all
other side yard scl~ck require-
ments shall remain applicable.
(b) Residential development in the C-PS 1-) districts sha I be
subject 10 the yard and olher regulations applicable to the appropriate R-PS district as sho n in
Section n-6C and Seclion H-GG (I) - 0) 01 this Ordinance.
(c) Mixed use devdopment in the CopS 1-) districts shall be
subject 10 Ihe minimum required yards lor non-residential development pursuant to Seclion 22-
6G~(a) il 2'% or len 01 Ihe 10lal area 01 such building is used lor dwelling purposes. If 2'" or ore
01 Ihe lolal area 01 such building is used for dwelling purposes. Ihe building shall be subjecl I Ihe
,~
n
'"
minimum required yards for residential development pursuant to Section 22-6G~(b) as mod!iried by
the follow in!:: (1) where such use abuts a public off-street parkin!: area. the residential r~ar Yilrd
requirement may be reduced by one-half. but shall. in no event, '>e len than 10 feet; (2) 1inimum
requircd yards for residential development shall be applied only to the lowest floor (and .1'1 floc,rs
above it) ....hich cont.Jin one or rnore dwellin!: units; otherwise, ~pplicable non-resident fa I yad
requirelnents shall .Jpply; and 0) where the applicant Incorporates an atrium. or other interi+r sp.Jce
at the !:round Icvel olnd extendin!: to the top floor 01 the structure, an "interior ~tback" cre~il shll1
be applicd for such squ.Jrc roota!:~ at &round levelll!:ainst the otherwise required"exterior sf-tbaC"(s.
but, in no event shall any exterior setbacks be len than that required f~r non-refident ill
devclopmcnt in the C-l'S 1-) districts. For purposes of this subsection only, hotels and rnot~ls Shll1
be considered as non-residential uses.
H. Alternative ParkinI': Requirement for Multi-Family ~etidential
Development in R-PS Districts.
In lieu of meetinc the multi-family residential i parkin!:
requirement as set lorth in Section '-2A(.) 01 this Ordinance, the applicant may p~ovidej.onc' (I)
parking space per dwelling unit, regardless 01 size 01 unit or number of bedrooms, on site, ard pa:" a
lee ~n the amount of Five Thousand Dollars ($5,001).00) per space in lieu of providin!: the olherw se
I
required parking pursuant to Section '-2A(r,), representln!: the difference between one (1)1 parkin!:
space per unit and the requirements of $cction ,-iA(r,). The fee shall be paId prior to issuarce 0' a
building permit for such development and all lee~ collected shall be placed in a special irtere a-
bearing South ('ointe Development Area Off-Street Parkin!: Fund,and such fees and interest!thereon
shall be dedicated towolrd and used solely and exclusively lor the development 01 oU-sueet! parkin!:
in the South l'ointe Redcvclomcnt area pursuant'to the adopted Redevelopment I'lan tnd any
amendments thereto.
I. Supplemental Parklnll: Rell:ula tlons: C-PS) District
1.25 parking spaces per dwellinc unit, I parking space per !sleepin!:
unit. and 2.5 parkinc spaces per 1.000 square leet 01 commercial splice. Up to lorty perce~t (~O~)
of the total P'lrkin!; sp.1ces crcated on the parcel may be for compact cars. Required par~in!: lor
hotel, hotel accessory uses and club uscs may be satisfied throu!:h the provision of valet! parkin!;
spaces. Twenty pcrce~t (20~) of dwellinc unit parkin!: spaces may be: satisficd through the ~rovision
of valet parking spaces.
Polrkin!: spaces shall be sized In accordance with the f~lIo"..ng
chart:
ParkinI': A"l':le
Standard Spaces
Compact Spaces
900
')'0" Wide
I &'0" Long
7'&" Wide
I }'O" Lon!:
600
&'6" Wide
7'6" Wide
I &'0" Lon!:
1"0" Long
~ }o
&'6" Wide
7'6," Wide
.~
1)
Parallel
Handicapped
chart:
'Angl~ of
Si'1.~/Car P;1rkinR
Stand.lrd 900
St;1ndard 600
Standard .'0
Compact 900
Compact 600
Compact ~,o
Standard Parall~1
/( Compact P;1rking
"
I a'O" Long
I "0" Long
9'0" ""id~
7' a" \t'id~
1 J'O" Long
.10'0" Long
11'0" Wid~
I &'0" Long
Accen aisles shall be provided in accordance ";ilh the (ollo,,"ing
Width of Aisle: Width of Alslet
One-Way Traffic Two-Way Traffic
Double Loaded Double Loaded
2J.0 feet 23.0 feet 2J.0 feet
11.lf~et 1'.3 feet 12.7 feet
,., feet II.' feet 10.a feet
20.0 fe~t 21.0f~~t 20.0 feet
9.5 fe~t 19.0 fe~t 10.3 f~et
9.2 f~et 11.7 f~et 10.6 feet
10.01eet 20.0 feet 10.0 feet
Section 22-7. Development !tiRhu Transfer
A. Transfer ,\reas
The !topS I and 2 subdistricts are designated, for purposes of this section~ as the
transferor area and th~ CopS 2 subdistrict is designated, for purposes of this s~ction, as Ihe
receiving ar~a.
8. Atti,chment of Oevelopm~nt RiRhts
Any owner of property in the transferor area may, upon construction ofl a ne.,
development or substantial rehabilitation of an existing development with a density len tlhan EO
units per acre, acq~ire and transler development rights to properties in the receiving area.
C. Calculation 01 Development RiRhu Equivalencies
Each development right shall be equivalent, upon transfer, to a 1,000 gronjsqu;1re
. I
foot increase in th~ tna ximum permissible floor area otherwise permitted on th~. recdvin!: arfa sit e
in Ih~ fint three (J) years lollowing the effective date of this subsection as provided in E.lbelo" .
Therealter, eaCh developm~nt right Shall have the following equivalent values:
24
'"
!!!!.
Gro\\ S uare Foot Increue in Floor ^rea in r..eceivin ^ru
Year ~ ')00
Year , &00
Year (, 700
Year 7 600 ".
Year S ~OO
Year' ~OO
Year 10 )00'
Year II 200
Year J2 100
Year I) and aher 0
Development rights shall accrue at the following rate: per dwelling unit if resultin~ from
substantial reha!lilitation on the transleror area site; 1.5 per dwelling unit If re\\J1ting frqm ne"
construction on the transferor ;uea site, if such site Is less than ~O,OOO square feet; an4 2 per
dwelling unit if resulting from new construction on the: transferor area site, If such site is! "'.O~IO
square feet or gre;\ter.
D. Limitations on Development Rh:hts Transfers
in C-I'S 2 Subdistrict
Development rights may be transferred to properties in the receiving area on y.
The maximum increase in pc:rmissible square footag~ of development on a site hi the receiving area.
on which development rlshts are being used may not exceed 50" of the total- square foota ge
otherwise pc:rmissible pursuant to this Ordinance without use of development rights. '
E. Development Riltht ^dministration
The City Commission shall formulate and adopt appropriate rules. and re&ulatilRs
to guide the irnplement3tion of this provision consistent with the language herein and the intent 01
this section. This subsection will become effective when such rules and regulations hAve b:!en
adopted by the City Commission.
Section 22-&
Procedure for Revie<W and ^pproval of Uses In
the Performance Standards District
^. Pern,itted Uses: ^pplicants for a buildin!; pc:rmit for the construction. or for th,'
repair or rehabilitation of a permitted use in the Performance Standards District shall be subjec t t "
the requirements 01 Section I" and Section 2) as to required site plan review and design review.
B. Conditional Uses: ^pplicants for a conditional u\e in the Performance Stand3ri
Di\trict shall be required to obtain \uch aproval in accordance with the procedures and subject ,.~
the requirements of Section 7 of the Zonin!; Ordinance, and shall additionally be subject Il" tt 'e
requirements of Section 14 and Section 2) of the Zonin!; Ordinance as to required site plan rc .,ie ,of
and desi!;n review. To the maKimum eKtent possible, these processes and the requirements therel "r
shall be coordinated so as to 3.,oid unnecessary duplication and expense.
H
-~
"
C. Variance.. ^ppllcatlons lor variances may be made by the applicant p nua..t .;)
Ihe procedure and subirct 10 all requirements as set lorth In Seclion I) 01 the Zonin!; Ordi anCe,
"
D. Develop,nenl "Jl:reements: ^s a condilion 01 site plan .and/or design r view" I" I:
City and the applic3nt may enter into a Development ^!;reement by ~hich the applica I may l:::
3Hured Ihat upon 3pproval, the project will be permitted to proc......d in in a~cordanc... wi 1'1 ... xi I.lir It
ordinances and r...!)ulations, and by which the applicant and the City may a&ree. to certain t...rml 3r,'~
conditions relalin!) to the tirnin& 01 development, provision of public facilities, vication, ...dic,uie'll\
and such other matters lIS may reasonably relate to the project.
Sectinn 22-'J .
^dministration
^. Enlorcement
Enforcement 01 this Ordinance shall be pursuant to the provisions of S ction 1'.1
01 the Zonin!; Ordinance.
8. Interpretation
Interpretation 01 this Ordinance shall be pursuant to the provisIons 01 Se tion I} ( f
the Zonin& Ordinance.
C. Viola lions and Penalties
Violations 01 this Ordinance and penaltIes therefore shall be pursu or te the
provisions 01 Section 17 of the Zonin& Ordinance.
SECTION ~.
INCLUSION IN ZONINC ORDIN^NCE NO. IUI
It is the intention 01 the City CommissIon and It is hereby ordained that ~he pr visioll\s " f
this Ordinance shall become and be made a part 01 the City 01 MiamI 8each Zonln& Ord nanCll: N ".
U'J I lIS amended; that the seclions 01 this ordinance may be renumbered or relettered to ccom pli 1'1
such Inlentlon; 3nd that the word "ordinance" may be chan!;ed to "seCtIon" or other pproprill e
word.
SECTION }.
REPE^LER
^II ordinances or parts 01 Ordinances In conflict herewith be lInd the same re h,,:re11,y
repealed.
SECTION 6.
SEVER^l\ILlTY
If any section, subsection, senlen,ce, clause, phrase, or portion of this Ordin nce ii, I :)r
any reason, held invalid or unconstilutionlll by any court olllny competent Jurisdiction, s ch purtj,n
shall be deemed a s...parale, distinct and Independent provisions and such holdin!; shall no alfect I'le
validity of the remainin!; portions 01 this Ordinllnce.
.~
26
.....
SECTION 7.
EFFECTIVE O^ TE
This ordinance shall lake effect thirty ()O) days aher adoption, 0 'I
October 19
,193".
P^SSEO ^ND ^DOPTED this
19th
.day of Sept_ber
,,'
..,111.
~. .:-.~'
^ TTEST:
A~~h1.~~
CITY CLERK
First Reading - 9/~/!" (^s amended)
Second and Final Reading - 9/19/1' (,\S amended)
R WP/JK/nkm
FORM APPROVED
LEGAL DEPT. .
BY./711 ~~i ~-
Del. 10 - I J -fA/.
,~
. 27
Draftfor Discussion )wposel O. Iy
Subject to Change in Wh~/e or '" P.'rt
!
Exhibit "D"
1999 Concept Plan
Part 1
Site Plan
[See copy of Site Plan attached]
Part 2
Amended SOM Plan
[See copy of Amended SOM Plan attached]
Part 3
Phasing Schedule
Phase I
New construction of the following: South Tower and South Perimeter Building, southern portio]
of the pedestal structure housing the parking garage, foundations and basic utilities, circull r
courtyard for vehicular entry, extension of Ocean Drive southward into site, pedestrian walkway an.1
plaza connecting to South Pointe Park, beach club, cabanas, tennis courts, landscaping, pools, beac]
access and all other associated amenities relating to the South Tower.
The northern wall of the pedestal structure shall incorporate a design to be reviewed and apprc ve 1
through the design review process, which design shall be implemented in the event that th.~
construction of Phase II has not commenced prior to the issuance of a final certificate of occupa nc (
for all of Phase I. If construction of Phase II has not commenced, as described above, within th.~
timeframe set forth in the immediately preceding sentence, then design and construction of th.~
northern wall shall be required as a condition precedent to the issuance of a certificate of occupa nc 1
for Phase 1. If construction ofthe pedestal structure of Phase II of the Development has commen~e(,
then the aforementioned design for the northern wall of Phase I shall be eliminated.
~':\A TrOILEVLlOCEANII999DV12.AOR
Fc"ruary II, 1999(II:I0un)
Draftfor Discussion IjurposEs O.dy
Subject to Change in Whple or n P .lrt
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New construction of the following: North Tower and North Perimeter Building, Northef poii< n
of the pedestal structure housing the parking garage, beach club, cabanas, tennis courts, Ian scapin~,
pools, beach access, and all other associated amenities relating to the North Tower, fini;ht d
pedestrian and vehicular entrance to the site and the Plaza at the end of South Pointe Dri e.
Phase II
It is agreed between the parties that construction of Phase I will be commenced prior tc tie
construction of Phase II.
F:\ATfOILEVUOCEANII999DVI2_AOR
February 10, 1999(~:~7pm)
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ATLANTIC OCEAN
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OF 11 I t!t71
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o C E A N PAR eEL FEBRUARY 10, 1999
SITE PLAN 0 _ "":"': ,...
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FILE No. '635 02/02 '99 16:53 ID:TEW CARDENAS REBAK LLP
PAGE 2
Narrative describini reduc[ion in tloor area from I 6MM to I 3MM I
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The reduction in floor area has been accomplished by reducing areas in all of the Sout~ North and
Perimeter buildings. while maintaining the integrity of the design. !
[n narrative form, the reduction in floor area has been accomplished in the following ~ays;
· The area of the South Building has been reduced from 843,600 to 721.291 square': fe'et. a
reduction of 122.309: a reduction from 45 stories [0 39 stories has also been made.
· The area of the Nonh Building has been reduced from 481,652 to 471,623 square fe:let, a
reduction of 10.029; this reduction has been made with an increase from 36 ~ories t) 37
stories.
· The area of the Perimeter Buildings at the pedestal has been reduced from 199,6210 to 80 006
square feet, a reduction of 119,614. Perimeter buildings have been reduced proponbnately
throughout.
· The area of the retail space has been reduced from 25,000 to 15,080 square feet. a reduction
of 9.920.
· The area of the Club and Beach facilities has been reduced from 55.750 to 12,000 squa'c 'cet,
a reduction of 43, 750.
· The total area of the development has been reduced from 1.605.622 to 1,300,000 square feet,
a reduction of305.622.
1[:\RTM\OAT.'\.\CUN'J'IN~..\JU{A1'IVI>
------------ --------------- ------------ ----- 1
r-----------.-r------ UNEXCAVATED i
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5,229 sf
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/lID ACCOUNIID Fat
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ill~______ __0 C
E A N PAR
FAR CALCULATIONS
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LEVEL ONE ~
FEBRUARY 10, 1999
, .. 40' 10'
'tr1-..,.. I
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___n------ RETAIL
4,437 sf
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9,453 sf
NORTH
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6,342 sf
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1,190 sf
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4,950
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SERVICE
AREA
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o C E A N PAR eEL
FAR CALCULATIONS
BEACH CABANAS, CLUBHOUSE, SHADE
STRUCTURES OUTDOOR CAFES, TOILET
FACILITIES, SHOWE:gciL~OTs~~B~N;H~~~L
:a~?~~i:Jtl~~~KGS, PATIOS, TENNIS C~~~TS
WITH FENCES, VOLLEYBALL COURTS
OTHER RELATED BEACH AMENITIES
CONTAINED WITHIN THE REAR YARD.
12,000 sf
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FEBRUARY 10, 1999
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FAR CALCULATIONS
LEVEL THRE7l
FEBRUARY 10. 1999
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FAR CALCULATIONS
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FEBRUARY 10, 1999
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3.632 sf
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~EVEL riVE
FEBRUARY 10. 1999
OW4/)' It'
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NORTH BUILDING
LEVELS 5-8
17.094 SO, FT.
rOrAl.' 6B,376 SO.' FT.
LEVELS 15-18
14.801 SO, FT.
TOTAL. ,59.20<1 SO. Fl:
LEVELS 21-25
13.284 SO. FT.
rOTAL.' 66.42050. n:
LEVELS 33-35
8.990 SO. FT.
'OrAl.' 26.970 SO. F1.
LEVELS 9-14
14,801 SO. FT,
rOTAI.' 88.80650. FT.
LEVELS 19-20
14,801 SO. FT.
TOTAL: 29.602 SO. FT.
LEVELS 26-32
11.731 SO. FT.
TOTAL: 82,117 SO. FT.
.
LEVELS 36-37
7.950 SO, FT.
TOTAL: 18.900$0. FTo
TOTAL SQ. FT.
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LEVELS 5-28
20,543 SO, FT.
TOTAl. 493.032 SO. FTo
LEVELS 30-34
18.200 SO. FT.
TOTAL: 91.000 $0" n.
TOTAL:
LEVELS 36&38
17.425 SO, FT.
34.850 SO. FT.
TOTAL SQ. FT.
887,141IQ; FT.
LEVELS 29
18.200 SO. FT.
TOTAl,' 18.200 SO. Fi;
LEVELS 35&37
17.425 SO. FT.
TOTAL: 34.850 SO. n.
!orAL:
LEVELS 39
15.209 SO, FT.
15,209 SO. FT.
Add to Pha.. I
r~:t ~~~~;" I:::~'::"::d fn.~~:a~:~,:,~~~~. W~I ~:IU::t :o~~~~C~d. b'll r;V~:::d 2 O:;:.:P:07v::m~.~::, ~~:" .~~~
d'll;n and con"ructlo" of the north.". wall win b. requlrtd for the Certlflcat. of Occuponcy for Pho.. I. If
th, Pldt.tol "NCtuN of Pho.. 2 hat comm.nced, Iht" t.... "Nd fa" 'hll d..I,,, will bI .lImlnot.d.
Narrallu d.'errhlne rIIduellen .... Ileor area from I I .... 10 1 J ....
. Th, r.duetJon In ftoor or.o wal occompll.".d by reducing or'OIl 'n "II or tht South, Horth, Clnd
P,rim,'.r building. whllt molntoln'ng tht Integrfiy of th. d..I,n.
, In narraflve form, the reductIon In floor area .faR, In 'he followtn", way:
, The ana of Ih, South Building wat reduced from 843,&00 to 7U,S9t, a reductron of 124,009. A
r.dvetlon frem 4!5 .farl,. to :S, .tori.. wo. 01.0 mode.
. Th. ar.a of 'he North lulldln", waf r.duced fro", 481,&52 10 461,123, a reduction of 13,529. Tl1f.
ndvetlon waf ",ad. wIth the cha"9' fro", 38 .tot'l.. 10 37 .tort...
, The ana of the ,..rlmet.r BuildIng. wa. reduced from 199,1120 to 85,208, 0 nductlon of fl4, 414.
Perlm.'.r building. w.re nduced proportlonat.l.,. throughout.
. Th' ona of 'h, Retail ....0. reduced from 25,000 to 15,0150, a reducllon 01 9,920.
. Th. ONlO of the Club and e.ach raclllll" waf r.duc.d from 55,750 '0 12,000, 0 reduction of "3.7!50.
. The fotal area of the development wat r'1uced fram 1,1105,1122 fo 1,300,000, 0 reducflon 0' 305,S2.2.
N PAR
CALCULATIONS
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FEBRUARY 10. 1999
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PAR eEL
SECTION
FEBRUARY 10, 199
PHASE II
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PHASING PLAN
PHASING PLAN
FEBRUARY 10, 19 9
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ATLANTIC
nm___ _um_____'\::y..:._____umnn_____
OCEAN
F~I
o C--EA N PAR C E L---~RUAR;-;-O. 199
OPEN SPACE RATIO CALCULATIONS I 'w-."'..: '~
Draft for Discussion lrpose s 0; Iy
Subject to Change in Wh Ie or . 'I P,rt
Schedule X
Timetable for Development
Developer shall obtain the Building Permit for the first Phase of Development within eig
months of the date on which the 1999 Concept Plan is approved in final non-appealable fo b~' tl e
City Commission and shall commence construction of said first Phase of Development wit in t] lir y
(30) months of the date on which the 1999 Concept Plan is approved in final non-appeal ble jonn
by the City Commission.
Developer shall obtain the Building Permit for the second Phase of Development on r befo] e
October 9, 2005, and shall commence construction within the period of time required by :mc h
Building Permit, including any extensions of time thereto.
Developer can utilize the existing Sales Office on the site provided that the above timetab e is . ne t.
F:\A1TOILEVLlOCEAN\1999DV 12.AOR
Fchmary II, 1999 (I 1:10am)
Draftfor Discussion urposES 0 dy
Subject to Change in W. Ie or n P Jrt
Schedule Y
Uses:
The uses in the northerly tower shall be residential or residentiallhotel (timeshare).
The use in the southerly tower shall be residential only.
Height, Floors and Stories:
The maximum height of the northerly structure within the boundaries of the Ocean Parcel shall no It
be higher than 380 feet to the top of the roof, and 420 feet to the highest architectural proj ctio:l,llr
37 stories; and the maximum height of the southerly structure thereon shall not be higher than 4:: 4
feet to the top of the roof, and 470 feet to the highest architectural projection, or 39 s orie:;, LS
measured in each case, above "grade" as said term is defined in the 1999 Land Use Reg ati01s.
Parking:
1285 spaces
Floor Area:
1,300,000 square feet measured in accordance with the 1984 Zoning Ordinance.
Floor Area Excluded from Floor Area Calculation:
The Commercial Space and Excess Parking (as such terms are defined in the Dev lopmel t
Agreement)
Easement
The City shall receive a permanent easement for the use of the public over the extension f O<:ea 1
Drive (from South Pointe Drive to South Pointe Park) contemporaneously with issuance fa fim I
Certificate of Occupancy for the Development included in Phase I.
F:\A 1lUILEVLIOCEAN\I999DV12.AOR
Febnary 10, ]999 (~:~7rm)
Draftfor Discussion urposls Oily
Subject to Change in W. ole or n P Irt
Schedule Z
List of Required Development Approvals
List of Required Development Approvals
Demolition Permit
Department of Environmental Protection Permit
Department of Environmental Resource Management Permit
Dune Enhancement Permit
FDOT Permit
Full Building Permit, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Pool(s)
Miami-Dade County Public Works Department Permit
Miami-Dade Water and Sewer Authority Approval
Pool Permit (HRS)
South Florida Water Management District Permit (Storm Water Management)
Turtle Permit
Such other permits as may be required by Federal, State and local law.
Time Periods for Processing Development Approvals Issued by City
The City shall process the following Development Approvals within the folIo .ng 1im~
periods:
Building Permits: Within five (5) days of the submission of a completed appli atior fer
a Building Permit, including all attachments thereto, and the elimination of any defici ncies i 1
connection therewith, and the payment of all fees in connection therewith.
Demolition Permit: Within five (5) days of the submission of a completed applic tion and
the payment of all fees in connection therewith.
F:\AlTOILEVLlOCEAN\I999DVI2,AGR
~'ehlUary 10, 1999 (':57pm)
Draftfor Discussion urposEs Oi!ly
Subject to Change in W. ole or 11 P rrt
No Objection Letters: Within five (5) days of a written request by Developer to th Direct >r
of Planning and Zoning of the City.
F:\A lTOILEVL\OCEANI 1999DV 12.AGR
February 10, 1999 (j:"rm)
Exhibit "E"
Copy of Consolidated DRB Order
Under DRB File No. 9611
F:\A TIUlLEVLlOCEAN\ 1999DV 12.AOR
Fehruuy 10, 1999 (~:~7J1m)
Draftfor Discussion urposfS Ody
Subject to Change in w: Ie or II P rrt
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE: December 8, 1998
IN RE: The Application requesting revisions to a
previously issued Design Review approval fo:~ the
construction of two (2) 41 story (424' t the top
of the roof and 449' to the highest architectural
projection) condominium towers, with a tot 1 of 725
units, and a 134 unit, sixteen (16) story (165'-6"
to the top of the roof) hotel; a bea h :1 ub,
retail, restaurant and parking facilities are also
proposed. The Final Order for this project required
that these revisions, which consist of ch ng':s to
the design and massing of the north and west walls
of the south tower portion of the pro ect, be
brought back before the Board for final a pr~vali
this project was approved on September IS, 1938.
PROPERTY: Ocean and Easement Parcels located at the outheast
corner of South pointe Drive and Ocean Dri VE
Ocean Parcel
FILE NO: 9611
CONSOLIDATED 0 R D E R
The applicant, Portofino Real Estate Fund, Ltd., an
application with the City of Miami Beach's Planning Depart ent;:he
September IS, 1998 Final Order issued by the Design Revi w 303.rd
for this proj ect required that revisions to the approve plals,
which consist of changes to the design and massing of the ortl1:md
west walls of the south tower portion of the project, were reqlired
to be brought back before the Board for final approval.
The City of Miami Beach's Design Review Board makes the f 110wLng
FINDINGS OF FACT:
A. The revised drawings submitted by the applicant:he
December 8, 1998 meeting of the Design Review Bo rd wLll
satisfy condition 1. f of the September 15, 1998 Final Ord,er of
the Board pertaining to this matter and the proj ect, ro'J'i:ied
the following condition is met:
1. The north and west elevations, as well as the
element, of the south tower shall be further fi
and enhanced, in a manner to be approved by sta
an). :he
po:::-a:ed
B.
Based on the original Order issued September 15,
conditions stated therein (which Order is
~-/
~!\ G
herein), and the finding contained in paragraph A abwe,
relating to condition No. 1.f as required to be brought: )ack
before the Board pursuant to the Final Order issued for the
September 15, 1998 meeting, the project would be cons:..s:ent
with the Design Review Criteria and requirements in Sec:ion
118-251 of the Miami Beach Code if the following consol..dited
conditions are met (which conditions are a consolidation of
the conditions of the September 15, 1998 Order ani the
conditions contained herein) :
1. Revised elevation and corresponding floor plan draiiilgs,
in accordance with Exhibit "A" submitted at the Sep::e nber
15, 1998 hearing, shall be submitted to and approved by
staff; at a minimum, said drawings shall incorporate the
following:
b.
c.
d.
a.
The detached, eighteen (18) story semi -circ11lar
residential structure on the southeast cornel of
the site shall be reduced to a maximum heisht of
eight (8) stories above grade; the floor are~l ~rom
this reduction shall either be eliminated, or
relocated elsewhere on the site I at the comp.ete
discretion and the review and approval of Eitclff.
If staff. and the applican.t cannot agree ,:m an
appropriate relocation of this excess floor a:.ea,
the matter shall be brought back to the Board cilt a
later date, as a revision to the previollsly
approved plans.
A substantial portion (minimum of four [4] floors)
of the curvilinear residential pedestal stn.ct.ure
on the east side of the site shall be removec to
allow for a substantially expanded ocean over:..ook
and to allow the towers to have a more s] el~der
appearance on the east side. The floor area :'rom
this reduction shall either be eliminated, or
relocated elsewhere on the site, at the comp:...ete
discretion and the review and approval of s tc..ff.
If staff and the applicant cannot agree on an
appropriate relocation of this excess floor area,
the matter shall be brought back to the B~arc, c.t a
later date, as a revision to the ptevi Ol,sly
approved plans.
The elevation design of the entire pedesta~ porLion
of the project shall be fully detailed anq. s1.b:ect
to the review and approval of staff.
In the event the existing temporary idriveway
,
entrance to Portofino and South Pointe ]ower~ on
the north side of the property is relo~at,=d or
modified to incorporate an office, commelrci3.1 or
2
(II G/
.' \
retail structure (s), the floor area required. for
said structure(s), as well as the proposed retail
structure on the northwest corner of the s: te,
shall be taken from the floor area of the prcpc,sed
residential structures.
e. The top portion of the south tower shall be
modified and simplified in a manner commen!:urate
with the north and northwest sides of said tcwEr.
f. The north and west elevations, as well as the rClof-
top element, of the south tower shall be f~rther
fine tuned and enhanced, consistent with the pJans
submitted at the December 8, 1998 meeting anc jn a
manner to be approved by staff.
2. A revised site plan and corresponding landscape plan, as
well as floor plans, shall be submitted to and ap~rcved
by staff. The species type, quantity, dimensicns,
spacing, location and overall height of all plant
material shall be clearly delineated and subject to the
review and approval of staff; at a minimum, said flan
shall incorporate the following:
a. The landscaped pedestrian plaza/pedestrian path...ay,
which runs the entire length of the west sije of
the subj ect property, shall remain open at al.l
times, even if this necessitates that the applicant
provide a security monitoring point at this
location.
b. A fully automatic irrigation system with 100%
coverage and an automatic rain sensor in orde! to
render the system inoperative in the event of rain.
c. The proposed service drive on the south side of the
site shall remain at grade; a dockmaster shaLl be
present at all times the service drive is open and
the hours of operation of the proposed set'"vice
drive will be Monday - Saturday, from 8:00 a.m.
6:00 p.m.
d. The depth of the retail/cafe areas on the nc t'"th
side of level-two, and fronting the sidewalk ~l~ng
South Pointe Drive, shall be substantially
increased, in a manner to be approved by staff i
this may necessitate the relocation or elimin~tion
of some parking spaces.
e. The proposed curb-cut on the north side of the
property shall be eliminated.
3
("-" -: ./
') ~l. \:
f. The proposed grade level service parking area on
the west side of the site shall be eliminated and
replaced with landscaping.
3.
All building
composed of
letters.
signage shall
flush mounted,
be consistent
non-plastic,
in type,
indivicual
4. The exterior surface color scheme, including cclor
samples, shall be subject to the review and approvaJ of
staff. A lighter color palette shall be required fer the
majority of all structures, in order to preserv,~ the
nautical uniqueness of the site and location.
5. A traffic mitigation plan, which addresses all rcacway
Level of Service (LOS) deficiencies relative tc the
concurrency requirements of Section 22 of the Zor ing
Ordinance, shall be required and the final building p:ans
shall meet all other Zoning Ordinance requirements. ~aid
traffic mitigation plan shall be prepared by the
applicant, submitted to and approved by the Planning and
Zoning Director, reported to the City Commission and
shall be executed by the parties referenced therE in,
prior to the issuance of a Building Permit. Said t:raJ fic
mitigation plan shall be fully implemented prior tc 'and
shall be a precondition for issuance of) a fjnal
Certificate of Occupancy (C.O.) for the project.
6. Manufacturers drawings and Dade County product apprcval
numbers for all windows, doors and glass shal I be
required.
7. All roof-top fixtures, air-conditioning units and
mechanical devices shall be clearly noted on a revised
roof plan and shall be screened from view.
8. The project shall comply with any landscaping or other
sidewalk/street improvement standards as may be
prescribed by a relevant Urban Design Master Elan
approved prior to the completion of the project and the
issuance of a Certificate of Occupancy.
9. A revised schedule of Design Bonuses shall be submitted.
10. The applicant shall create, design and constn.cL a
"Sunrise Plaza" at the eastern terminus of Bisccyne
Street, inclusive of an appropriate pedestrian' connection
of South pointe Drive with the beach, in a manner tc be
approved by staff.
11. A park transition area plan, inclusive of the propcsed
pedestrian extension of Ocean Drive south of South Eojnte
4
((~~
" l
Drive, shall be fully created, designed and submittec by
the applicant which provides a compatible park inter1ace
and transition area along the entire south side of the
subject site, as well as within South Pointe Park, to a
depth of at least 100', in a manner to be approved by
staff.
12. The applicant shall create, design and construct an
appropriate beach front/beachwalk treatment for the
entire east side of the subject site, in a manner te be
approved by staff.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact,
the evidence, information, testimony and materials presented at the
September 15, 1998 and December 8, 1998 meetings, which is paLt of
the record for this matter and the staff reports and analysis from
the September 15, 1998 and December 8, 1998 meetings, which are
adopted herein, including the staff recommendations which were
amended by the Board, that the Application for Design R~v iew
approval is granted for the above-referenced project subject to
those certain consolidated conditions specified in paragraph B of
the Findings of Fact hereof (conditions #1-12, inclusive), to Nhich
the applicant has agreed.
This Final Order consolidates all conditions and requirement:; for
Design Review approval as same are contained herein and in :he
original Order of September 15, 1998. Accordingly, this Orier
shall serve as the Final Order for the project and, in the eve:1.t of
conflict between the provisions hereof and those of the Septem~er
15, 1998 Order, the provisions hereof shall control. In the ev!nt
a Full Building Permit is not obtained within one (1) year o::he
September 15, 1998 approval, the construction does not commelce
within two (2) years of the September 15, 1998 approval ,md
continue diligently through completion, or any other condition of
this Order is violated or remains unsatisfied, then the DesLgn
Review approval for the subject project shall become null and 'ToLd.
No building permit may be issued unless and until all conditio:1S of
approval as set forth herein have been met. The issuance of DesLgn
Review approval does not relieve the applicant from obtainin~rill
other required Municipal, County and/or State reviews and perr:li:s,
including zoning approval. If adequate handicapped access is lOt
provided, this approval does not mean that such handicapped acc~ss
is not required or that the Board supports an applicant's effo::-t to
seek waivers relating to handicapped accessibility requirement;.
When requesting a building permit. three (3) sets of plans app::;:Q~
by the Board. modified in accordance with the above conditionlb_~
well as annotated floor plans which clearly delineate the 1:~~2.Q];:
Area Ratio (PAR) calculations for the proj ect. shall be subm:~.~
5
S K. ~/
to the Planning Department. If all of the above-spec:i::ied
conditions are satisfactorily addressed, the plans will be revh!wed
for building permit approval. Two (2) sets will be returned t:o you
for submission for a building permit and one (1) set will be
retained for the Design Review Board's file. If the Full Building
Permit is not issued within one (1) year of the September 15, :,998
meeting date and construction does not commence within two (2)
years of the September 15, 1998 meeting date, and cor.t"nue
diligently through completion, the Design Review approval Hill
expire and become null and void.
Dated this
'l y~
day of
j"1 ~t t.:J. V-~
r
, 199~.
By:
DESIGN REVIEW BOARD
Ci ty of Miami Beach, Flo::ida
~CL~ K. C~/ (jVJ,~~ _
Chairpe:"son
Approved as to Form:
Offi~ '~L1!ti.fJ the
(Initials/Date)
City
At to:"ney
Final Order filed and in possession of the Clerk of the Boa:rd
!~k t~~Sigtt~~t Board
(Initials/Date)
F:\PLAN\$DRB\DRB98\DECDRB98\9611-A.FO
6
Draft for Discussion Purpose! Ony
Subject to Change in Whole or il r Pc "t
Exhibit "F"
Developer's Obligations/Public Facilities Plan
The Developer shall provide and/or pay its fair share (including, without limitatiOl,
improvements or funding for the implementation of water and sewer improvements), for th.~
infrastructure necessary to meet concurrency requirements pursuant to Section 163.3180, Florid.l
Statutes, and to meet the requirements of all Development on the Ocean Parcel.
Developer shall be solely responsible for the cost of extending water and sewer lines f:or 1
their existing location onto the Ocean Parcel.
No Building Permits shall be issued until payments for infrastructure have been made m: s( t
forth above.
Public Facilities Plan
The Public Facilities Plan is contained in Paragraphs 10,11 and 12 of the DRB Order.
F:\ATfOILEVL\OCEAN\I999DV 12.AOR
Fehl'\loV)' 10, 1999(':npm)
Draftfor Discussion Purpose, Or. y
Subject to Change in Whole or ii I PC"t
EXHIBIT" G"
TRAFFIC MITIGATION PLAN
Developer agrees to implement the following traffic mitigation obligations.
. Installation of a westbound left turn signal on Washington Avenue (northbound) as t
intersects with 5th Street.
. Installation of dual westbound left turning lanes on Alton Road into the 5th S1rett
intersection. (State of Florida approval may be required for this improvement.)
. Installation of signal control devices at the intersection of South Pointe Drive and Ocea 1
Drive,
. Readjustment of all signal timing at the intersection of Collins Avenue and 5th Street.
. Reconfiguration and restriping of the South Pointe Drive and Ocean Drive intersectioll, t )
provide for a left turn lane or shared lane.
. Readjustment of the signal timing for Alton Road between 5th and 17th Streets.
. Installation of eastbound left turn lane (striping) for 2 or 3 vehicle capacity on Collin~
Avenue (South) as it approaches South Pointe Drive.
. Developer shall perform a traffic signal warrant analysis sometime in the future, during th .~
City's peak season (October-April). This analysis shall be c~nducted for weekday an 1
weekend traffic conditions at the intersection of W ashington Avenue and South Pointe Dl i VI .
The traffic signal warrant analysis shall be performed by Developer within 12 months of' th .~
first Phase to be constructed achieving 90% residential occupancy, and shall be submitte 1
to the City within one month after being completed. If the City's Public Works and Plannin.~
Departments determine that the traffic data or analysis indicates that signalization i~
warranted for the subject intersection, then the Developer, at its sole cost and expense, wi 1
prepare, submit and obtain all necessary permits from the appropriate City and Count I
agencies for such improvement. All costs associated with the installation of the signalizado 1
will be paid by the Developer and Developer shall complete such installation withir 1'~
months of being instructed to do so, in writing, by the City. If no traffic signal is reqUired
to be installed as a result of the signal warrant analysis upon completion of the first Phas,~ Oif
Development, this process shall be repeated upon completion of the second Phasf: 01 f
Development.
· Installation of eastbound left turn lane (striping) for 2 or 3 vehicle capacity on WashingtOlll
Avenue (South) as it approaches South Pointe Drive.
F:\ATIOIl.EVLlOCEAN\I999DV 12.AGR
Fchruuy IO.I999(~:S7Jlm)
Draft for Discussion Purpose! On y
Subject to Change in Whole or il r Pc't
Developer agrees to pay for its fair share of the following traffic mitigation obligations. Developer s
fair share obligation shall be determined and paid prior to the issuance of the Certificate (f
Occupancy for Phase I of the Development on the Ocean Parcel.
. Participation in, and contribution to, the City's Electric Shuttle program, as a means (f
reducing the amount of vehicular trips generated by Development on the Ocean Parcel durin .~
peak periods (weekday/weekend).
. Participation in the two (2) City approved traffic mitigation improvement plans for the Alto 1
Road corridor (6th to 16th Street and 17th to 18th Street). The funding and implementatio 1
of the required mitigation improvements shall be the sole responsibility of the developnleI t
projects identified by the City for participation.
. Participation in the Ocean Drive (5th to 15th Street) traffic mitigation improvement flat,
based on fair share cost. The funding for mitigation improvements shall be the :;o].~
responsibility of the development projects identified by the City for contribution.
F:\ATfOILEVLlOCEAN\I999DVI2.AOR
FcbrnaryIO,I999(5:57pm)
Draftfor Discussion Purpose,.: Of ly
Subject to Change in Whole or i'l Put
Joinder By Mortgagee
Lehman Brothers Holdings, Inc" the owner and holder of the following instruments:
(a) Mortgage recorded in Official Records Book 18053 at Page 615 of the Public Recore!s l<f
Miami-Dade County;
(b) Assignment of Leases and Rents recorded in Official Records Book 18053 at Page 629 (l<f
the Public Records of Miami-Dade County; and
(c) UCC-l Financing Statement recorded in Official Records Book 18053 at Page 646 o:~tle
Public Records of Miami-Dade County
hereby joins in and consents to the foregoing Amended and Restated Ocean Parcel DevelopmeJ !It
Agreement and agrees that the real property described as the "Ocean Parcel" on Exhibit "A" to said
Amended and Restated Ocean Parcel Development Agreement is subject to, and entitled tc tl e
benefits of, all terms and provisions thereof.
LEHMAN BROTHERS HOLDINGS, INC
By:
Name and Title
F:\ATIO\LEVL\IXEAN\lmDVI2_AOR
F~bruary 10. 1999(~:S7pm)