98-3121 ORD
Agenda Item R5F 4c
AL TERNA TIVE PORTOFINO DRI DEVELOPMENT ORDER
ORDINANCE NO. 98-3121
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE DEVELOPMENT ORDER FOR THE
MIAMI BEACH MARINA DEVELOPMENT OF REGIONAL
IMPACT WHICH WAS APPROVED BY RESOLUTION NO.
75-14762; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE MIAMI BEACH MARINA DRI
LEGALLY DESCRIBED ON EXHIBIT "A" TO BE KNOWN
AS THE AL TERNA TIVE MIAMI BEACH MARINA DRI;
PROVIDING FOR RENAMING OF THOSE PORTIONS OF
THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED
ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE
"ALTERNATIVE PORTOFINO DRI" AND ISSUING A
SEP ARA TE DRI DEVELOPMENT ORDER FOR SUCH
LAND; PROVIDING FOR TRANSMITTAL TO THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR RECORDATION IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; PROVIDING
FOR A REPEALER AND AN EFFECTIVE DATE.
WHEREAS, on July 16, 1975, the Mayor and City Commission of the City of Miami Beach
pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina
Development of Regional Impact affecting properties legally described on Exhibits "A" and "B" ;
and
WHEREAS, those portions of the Miami Beach Marina DRI-legallY described on Exhibit
"A" are owned and are to be developed by the City of Miami Beach; and
WHEREAS, the property legally described on Exhibit "B" , together with the lands legally
described on Exhibit "C" are to be owned and developed by the Porto fino Entities (as such entities
are identified in the Portofino DR! Alternative ADA) as the Porto fino DR!; and
WHEREAS, the properties legally described on Exhibits "A" , "B" and "e" are or will be
in separate ownership, are at different stages of development and are amenable to being severed from
one another so as to create two separate and distinct developments of regional impact; and
Agenda Item R5F 4c
WHEREAS, on August 15, 1997, the Portofino Entities, with the knowledge of the City of
Miami Beach, filed an Alternative Amended Application for Development Approval as a substantial
deviation to the previously approved Miami Beach Marina DRI; and
WHEREAS, the amendments to the previously approved Miami Beach Marina DRI include
the bifurcation of this DRI so as to create two separate and distinct developments of regional impact
to be known as the Miami Beach Marina DRI and the Porto fino DRI subject to separate and distinct
DRI development orders constituting amendments to the original Miami Beach Marina DRI
development approved pursuant to Resolution 75-14762; and
WHEREAS, on December 1, 1997, the City's Planning Board held a public hearing to
consider the amendments to the Miami Beach Marina DRI, after which the board voted unanimously
to recommend approval of the request; and
WHEREAS, the City Commission of the City of Miami Beach held two public hearings on
this amended development order on April 1, 1998 and April 15 , 1998, pursuant to the Notice
and Public Hearing provisions of Chapter 380, Section 380.06(11) and Chapter 166, Section
166.041, Florida Statutes; and
WHEREAS, the City Commission of the City of Miami Beach has determined approval of
this amended development order for the Miami Beach Marina DRI as a substantial deviation to the
previously approved DRI is in the best interests of the residents of the City of Miami Beach and
furthers the health, safety and general welfare of the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEVELOPMENT IDENTIFICATION.
(a) The legal description of the property included within the Portofino DRI is
attached hereto as Exhibits "B" and "C" .
(b)
(c)
The name of the development is "Portofino."
The name of the Applicant is the Porto fino Entities, and, as used herein,
"Applicant" shall include successors and/or assigns of the Porto fino Entities.
The name of the authorized agents for the Applicant are:
(d)
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SECTION 2.
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Agenda Item R5F 4c
Clifford A. Schulman, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P .A.
1221 Brickell Avenue
Miami, Florida 33131
and
Debbie M. Orshefsky, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P.A.
515 East Las Olas Blvd., Suite 1500
Fort Lauderdale, Florida 33301.
(e) Development Summary.
1. The development program approved, subject to the conditions and
requirements included in this development order, is as set forth on
Exhibit "D".
2. Attached as Exhibit "D" is the project Master Development Plan
which identifies the proposed development.
3. Attached as Exhibit "E" is the project Phasing Schedule.
FINDINGS OF FACT.
The "WHEREAS" clauses and the Development Summary included in
Section 1 (e) as set forth in this Ordinance are incorporated as findings of fact.
(b) The Portofino DR! is not in an Area of Critical State Concern.
(c) The development approved is consistent with the adopted State Land
(a)
Development Plan applicable to this area.
(d) The development as approved is consistent with the City of Miami Beach
Comprehensive Plan, the Strategic Regional Policy Plan of the South Florida
Regional Planning Council and the State Comprehensive Plan.
(e) The development as approved makes adequate provisions for the public
facilities needed to accommodate the impacts of the proposed development
in accordance with the City of Miami Beach Comprehensive Plan and land
development regulations.
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Agenda Item R5F 4c
(f) The development as approved IS consistent with the report and
recommendations of the South Florida Regional Planning Council
Assessment Report, dated November 3, 1997
SECTION 3. CONCLUSION OF LAW.
(a) Approval of the Portofino Development of Regional Impact ("DRI") subject
to the provisions of this Ordinance is consistent with the requirements of
Chapter 380, Florida Statutes and is in conformity with all other applicable
local and state laws and regulations.
SECTION 4. APPLICABILITY OF DEVELOPMENT ORDER:
(a) The property legally described on Exhibits "B" and "C" shall be known as the
"Alternative Portofino DRI." This Development Order shall apply to
development of the Portofino DRI.
(b) The property legally described on Exhibit "A" shall be known as the
"Alternative Miami Beach Marina DRI", pursuant to a proposed ordinance
amending the original Miami Beach Marina Development Regional Impact
Development Order (Resolution 75-14762) with respect to the property
legally described on Exhibit "A," to be adopted by the City Commission on
the same date as this Amended Development Order. This Development
Order shall IlQ1 apply to the property legally described on Exhibit "A," the
development of which shall be governed by the amended development order
amending Resolution 75-14762 as to such property.
SECTION 5. INCORPORATION OF THE AL TERNA TIVE AMENDED APPLICA nON
FOR DEVELOPMENT APPROVAL FOR THE PORTOFINO DRI (ADA).
The Alternative Amended ADA, as consolidated, pursuant to Rule 9J-2.025, S(3)(b)9, F.A.C.,
is incorporated into this Ordinance by this reference and relied upon by the parties in discharging
their statutory duties under Chapter 380, Florida Statutes, and applicable local ordinances.
Substantial compliance with the representations contained in the Amended ADA is a condition for
F:IA'TTUILEVI.\PORTOf1N\ORDS\R'F _4CORD
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Agenda Item R5F 4c
approval unless waived or modified by agreement among the City, the South Florida Regional
Planning Council, and the Applicant, its successors, or assigns.
SECTION 6. INCORPORATION OF COUNCIL ASSESSMENT.
The South Florida Regional Planning Council Development of Regional Impact Assessment
for the Porto fino DR! ("Council Assessment") dated November 3,1997, is incorporated into this
Ordinance by this reference.
SECTION 7. DEVELOPMENT APPROVAL.
The Alternative Portofino DR!, as described in this development order, and as represented
in the Consolidated Alternative Amended ADA, is approved subject to the following conditions,
stipulations and requirements which shall apply to the Applicant, its successors, grantees and
assigns, jointly and severally and shall be binding upon the real property described in Exhibits "B"
and "C".
A. CONDITIONS TO MITIGATE REGIONAL IMP ACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALL Y, SHALL:
1. Incorporate the following into the project design and operation:
(a) actively encourage and promote ride-sharing by establishing a car and
van pool information program;
(b) designate three (3) percent of employee parking spaces, located as
close as possible to employee building entrances, for exclusive high
occupancy vehicle use;
(c) provide mass transit route and schedule information in convenient
locations throughout the project, including office complex lobbies
and within and adjacent to retail areas;
(d) cooperate with Metropolitan Dade County in provisions for future
transit amenities; and
(e) provide on-site bicycle storage facilities to encourage use of
alternative modes of transportation.
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Agenda Item R5F 4c
2.
Design construct and maintain the storm water management system to meet
the following standards:
(a) Comply with the regulations and requirements of the South Florida
Water Management District (SFWMD) and applicable local
government comprehensive plan drainage level of service (LOS)
requirements for surface water management in effect at the time of
permit application.
(b) Install pollutant retardant structures to treat all storm water runoff at
each of the new project outfall structures in accordance with the
master drainage plan included in the Porto fino DR! Consolidated
ADA, and periodically remove pollutant accumulations as required.
(c) Use silt screens and aprons during any phase of project construction
to minimize any increase in turbidity in adjacent surface waters.
(d) Vacuum sweep all parking lots of eleven or more parking spaces and
private roadways serving the parking lots at least once per week.
(e) Mulch, spray, or sod exposed areas to prevent soil erosion and
minimize air pollution.
Design, construct, and maintain any additions, expansions, or replacements
to the on-site irrigation system to minimize salt water intrusion and in
accordance with SFWMD guidelines. When practicable, use recycled water
for landscape irrigation and other water conserving techniques to reduce the
demand on the region's potable water supply.-.
Remove Mellaleuca, Casuariana, Schinus and all other invasive exotic
vegetation, as recognized by the Florida Exotic Pest Plant Council in each
phase of the development. Place visible barriers around the trees or tree
clusters to remain on site, prior to removal of exotic vegetation with heavy
equipment. Monitor common areas including, but not limited to, roadways,
3.
4.
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Agenda Item R5F 4c
rights-of-way, easements and public open spaces to ensure that exotic plants
do not become reestablished.
5. Provide landscaping on the site that is consistent with City Ordinance #89-
2665, Section 8, as may be amended. Additional criteria for selection of plant
materials shall include the following:
(a) does not require excessive irrigation or fertilizer;
(b) is not prone to insect infestation or disease;
(c) does not have invasive root systems; and
(d) other criteria as may be appropriate.
Use xeriscape principles in design and implementation ofproject landscaping,
as practicable.
6. Incorporate the use of water sensors, ultra-low volume plumbing fixtures, self
closing and/or metered water faucets, and other water conserving
devices/methods consistent with the criteria outlined in the water conservation
element of the Miami-Dade Water and Sewer Department's SFWMD Water
Use Permit.
7. Prior to the issuance of the first residential building permit for the project to
be issued following adoption of this development order, pay $250,000 to the
Dade County School Board to be spent by the School Board as it deems
necessary and appropriate to provide and/or enhance educational facilities.
The DR! Annual Report required pursuant to Section 7, C.2. hereof and
.-
Section 380.06(18), Florida Statutes (F.S.), shall- include an accounting of the
number of units for which the Applicant has obtained certificates of
occupancy during the preceding 12 month reporting period. Prior to the
issuance of a final certificate of occupancy for any building with in the project
containing any residential unit, the Applicant shall contribute to the School
Board a sum equal to $500 per unit for each unit in excess of 500 units that
is covered by any certificate of occupancy. The Applicant acknowledges that
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7
Agenda Item R5F 4c
the contributions required pursuant to this condition shall be in addition to the
Educational Facilities Impact Fees to be paid by the Applicant pursuant to
Section 33K of the Metropolitan Dade County Code. The Applicant agrees
not to seek a credit in the amount of the contributions against the future
Educational Facilities Impact Fee Assessment to be paid by the Applicant in
connection with the development of the Project.
8. Pursue with due diligence the objective of utilizing economic development
enhancement resource agencies and programs designed to involve small and
minority businesses in the development and expansion of permanent job
opportunities within the project. Examples of such agencies and programs
include, but are not limited to, those listed on attached Exhibit "F". The
applicant will attempt to access the range of job skills available in the region
and promote greater labor force enhancement. At a minimum, the applicant
is encouraged to provide potential commercial tenants with information about
employment and training agencies that maintain a database of trained/skilled
workers to consider in meeting the project's employment needs.
9. Prior to the issuance of each building permit for development within the
project, the Applicant shall demonstrate that the development to be authorized
by issuance of the building permit shall not:
(A) Cause the project's new net external P.M. peak hour trips to exceed
1,733 trips. This determination shall be made using the following
Maximum Impact Development Scenario (MIDS) Formula:
0.304(R)+0.62(H)+2.37(C)+ 1.14(0)+0.018(5)+333.31 = 1,733
Where: R is # of High Rise Condominium Units (Residential)
H is # of Occupied Rooms of Hotel
C is # of KSF of Commercial
o is # of KSF of Office
S is # of Attraction (Live Theater) Seats
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Agenda Item R5F 4c
10.
This determination shall be cumulative and shall include all
development which has received a building permit, in addition to the
building permit being sought.
(B) Cause the project cumulatively to exceed any land use component of
the Maximum Development Program Limitations as set forth on
Exhibit "D" of the Development Order.
(C) Cause the project to exceed the development restrictions of the City's
zoning ordinance in effect as of the date of this Development Order
and, subject to Section 9 hereof, thereafter, or, with respect to the
SSDI North and SSDI South parcels, to exceed the development
restrictions set forth in the Development Agreement dated April 17,
1986, recorded at Official Records Book 12873, Page 2612 of the
Public Records of Dade County, Florida, as amended or
supplemented from time to time.
Prior to the conveyance of any portion of the project and prior to the issuance
of each building permit for development within the project, the Applicant
shall execute in recordable form a Declaration of Allocation of New Net
External Trips and Maximum Development Program Limitations in the form
attached hereto as Exhibit "I" (the "Declaration"). The Declaration shall also
be executed by the owner of the property which is being conveyed and/or for
which the building permit is sought and by the Planning and Zoning Director
of the City of Miami Beach, Florida, or his/her successor. The Applicant
shall be responsible for recording the Declaration in the Public Records of
Dade County, Florida, and shall provide the Planning and Zoning Director
with a certified copy of the same prior to the issuance of each building permit
for the project.
Prior to the issuance of building permits for development which, cumulatively
with development related to any previously approved project building
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Agenda Item R5F 4c
permits, will generate more than 1,298 new net external P.M. peak hour trips,
construct:
(a) an eastbound right-turn lane on Fifth Street at the Alton Road
intersection,
(b) dual northbound left-turn lanes on Alton Road at Fifth Street
intersection,
(c) modification of signalization at the Fifth Street! Alton Road
intersection to compliment turn lanes to be added in (a) and (b)
above.
The determination of new net external trips shall be conducted pursuant to the
trip generation calculations set forth in Exhibit "G," herein. [Tables 21.B-I
through 21.B-3 of the Porto fino Alternative ADA.] The final geometry for
these improvements shall be submitted to and approved by the Florida
Department of Transportation, the Miami-Dade County Public Works
Department and the City of Miami Beach Public Works Department prior to
commencement of this roadway construction. Porto fino will construct (with
reasonable City approval), cause to be constructed or contribute an agreed
amount of funds to construct (a) through (c) improvements described above.
11. Install traffic signal control at the following intersections when warrants for
signalization are met, as determined by the applicable governmental entities:
(a) South Pointe Drive (f/k/a Biscayne Street) and Alton Road
(b) South Pointe Drive (f/k/a Biscayne Street) and Washington Avenue.
All proposed signal warrants will be defined by the following criteria:
- Peak hour traffic volumes (weekday and weekend)
- Turn movement volumes (weekday and weekend)
- Pedestrian/bicycle movement volumes (weekday and weekend)
- Roadway Speed limit
- Intersection Level-of Service
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Agenda Item R5F 4c
- Sight Distance Clearance
- High - Volume Driveway Operations
- Accidents
- Illegal Vehicular Movements
- Safety
- Phasing of the Development
- Traffic Circulation Patterns for the Area
This condition shall expire if signalization warrants are not met within 24
months of the issuance of the last certificate of occupancy for Portofino DR!
development or upon the termination date of this development order,
whichever shall occur first.
12. Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H" .
All median openings on Biscayne Drive/Alton Road (Northbound) for the left
turning movement into the development site, will be required to have a
minimal queue length for the stacking of 4 to 5 vehicles during the peak hour
periods (Weekday and Weekend). If the number of vehicles queuing up at the
designated left turning bays exceed the five vehicles limit and interrupt the
flow of the thru traffic movement during and of the observed peak periods, for
a total of three consecutive months (90 days), then the installation of a signal
device with left-turning arrow shall be provided at athe expense of the
developer.
13. Within 120 days of the issuance of a Certificate of Occupancy for any
building or portion of any building to be used for non-residential purposes,
the Applicant shall submit a Hazardous Materials Management Plan for
review and approvals by DERM, FDEP, SFWMD and the SFRPC. A copy
of the approved plan shall be submitted to the Miami Beach and Metro-Dade
Fire Departments. The plan shall incorporate into the development by lease
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Agenda Item R5F 4c
as long as the property is owned by the Applicant, and incorporate into the
development by sale agreement and restrictive covenant when any of the
property is conveyed, as applicable, the following provisions:
(a) Require that buildings where hazardous materials or hazardous
wastes, as defined above, are to be used, displayed, handled,
generated, or stored shall be constructed with impervious floors,
without drains, to ensure containment and facilitate cleanup of any
spill or leakage.
(b) Prohibit any outside storage or hazardous materials or hazardous
waste. The exception to this condition is for retail goods typically
associated with residential nursery activity such as lawn fertilizers
and garden pesticides.
(c) Allow inspection by appropriate agency personnel of all businesses
on the premise storing, using, or generating hazardous materials or
biohazards waste prior to the commencement of operation, and
periodically thereafter to assure that adequate facilities and
procedures are in place to properly manage hazardous materials and
biohazards waste projected to be on-site;
(d) Require that any area used for loading or unloading of hazardous
material be covered and equipped with a collection system to contain
accidental spills.
(e) Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and to provide to DERM copies of the following forms of
documentation or proper hazardous waste management practices:
a. a hazardous waste manifest;
b. a shipment to a permitted hazardous waste management facility;
or
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Agenda Item R5F 4c
c. a confirmation of receipt of materials from a recycler or a waste
exchange operation.
(f) Describe response actions and procedures to be followed in case of
spills or other accidents involving hazardous materials, biohazards
waste or oil; and require tenants to notify appropriate authorities in
the event of a release as required by applicable regulations; and
(g) Require tenants to comply with all applicable reporting provisions of
Title III of the Superfund Amendment and Reauthorization Act
(SARA) of the Emergency Planning and Community Right-to-Know
Law (EPCRA).
14. Notify state archeological officials at the Division of Historical Resources of
the Florida Department of State of construction schedules. Delay construction
up to three months in any area where potentially significant historical or
archeological artifacts are uncovered, and permit state and local historical
preservation officials to survey and excavate the site.
15. No construction of Baywalk facilities shall take place on or over any state
owned sovereignty submerged lands, without being permitted under
appropriate consents of use for said lands, whether by lease, easement or
amendment to any such existing consents of use of such state owned lands.
16. Incorporate energy conservation measures into the design and operation of the
project. At a minimum, construct all development in conformance with the
specifications of the State of Florida Energy Efficiency Code for Building
Construction (State Energy Code). Consider using natural gas and/or
renewable energy sources (e.g. solar heating) for water heating, space heating
and cooling.
17. Conduct air quality modeling in accordance with FDEP guidelines prior to
constructing any surface parking lot that will result in a peak hour traffic flow
equal to or greater than 1,500 vehicles per hour or prior to constructing any
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Agenda Item R5F 4c
parking garage that will result in a peak hour traffic flow equal to or greater
than 750 vehicles per hour (including both ingress and egress). The results of
this analysts shall be submitted to the SFRPC, DERM, and FDEP for review
and approval. A minimum of 30 days will be required for review and
approval.
18. No alteration or maintenance,. excluding work related to the proposed
Baywalk, of the existing slip located on the Alaska Parcel, hereinafter referred
to as the "slip," shall be permitted without the Applicant having submitted, at
least forty-five (45) days prior to the filing of any applications for the
requisite environmental permits for such action, a Notice of Proposed Change
to a previously approved DR!, to the Department of Community Affairs, the
South Florida Regional Planning Council and the City. Said Notice shall
comply with the provisions of Section 380.06(19), Florida Statutes and shall
include a copy of the proposed permit applications, along with all supporting
data. For the purposes of this condition, the filling of the slip shall be
presumed to constitute a substantial deviation and the Applicant shall bear the
burden of rebutting, with clear and convincing evidence, that such proposed
change does not constitute a substantial deviation. In no event shall any
alteration or maintenance, excluding work related to the proposed Baywalk,
of the existing slip be commenced or conducted without compliance with this
condition and only after applicable approvals from regulatory agencies, with
jurisdiction, including the Metropolitan Dade County Department of
Environmental Resources Management, the Florida Department of
Environmental Protection, the South Florida Water Management District and
the Unites States Army Corps of Engineers.
19. During construction on site, use silt screens or staked hay bales around the
perimeter of the site to ensure that erosion of fill material or topsoil into the
surrounding waters of Biscayne Bay shall not occur as a result of heavy rains.
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Agenda Item R5F 4c
The applicant shall comply with requirements of the City of Miami Beach and
the Dade County Department of Environmental Resources Management as
directed.
20. Within 180 days of the effective date of the Development Order, provide for
the establishment and maintenance of a public information program within an
existing homeowners association for the purpose of educating the Applicant's
residents regarding the potential hurricane threat; the need for timely
evacuation in the event of an impending hurricane; the availability and
location of hurricane shelters; and the identification of steps to minimize
property damage and to protect human life. The applicant shall develop and
submit to the City, the Regional Planning Council and the Department of
Community Affairs, a continuing hurricane awareness program and a
hurricane evacuation plan. The hurricane evacuation plan shall address and
include, at a minimum, the following items: operational procedures for the
warning and notification of all residents and visitors prior to and during a
hurricane watch and warning period; a public awareness program which
addresses vulnerability, hurricane evacuation, hurricane shelter alternatives
including hotels, friends and public hurricane shelter locations, and other
protective actions which may be specific to the development; identification
of who is responsible for implementing the plan; and other items as deemed
appropriate. Where hurricane shelter space is being made available by the
Applicant, it shall be addressed in the plan and. shelter managers identified,
and specific responsibilities established. Where the proposed development
will include a private security force, the plan shall identify how the force will
be integrated with the local police personnel or other responsible agencies
during an impending hurricane event in order to assist in the notification,
warning, and evacuation of the development's residents. The plan shall be
developed in coordination with local emergency management officials. The
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Agenda Item R5F 4c
final plan must be found sufficient by the reviewing agencies and must
address the recommendations provided by the reviewing agencies.
THE CITY SHALL:
21. Prior to the issuance of any Certificate of Occupancy, execute an agreement
with the City of Miami Beach Fire and Police Departments to ensure the
adequate provision of fire and police protection services.
22. Prior to the issuance of a Certificate of Occupancy, meet the City's local
concurrency requirements for infrastructure to serve the project.
23. Review project landscape plans to ensure compliance with City Ordinance
#89-2665, Section 8, as may be amended, as required by Section 7.A5. of this
development order; and that xeriscape principles are utilized in such
landscape plans, as practicable.
24. Monitor site development to ensure that exotic plant species are removed.
25. Withhold the issuance of any building permits until the Hazardous Materials
Management Plan required in Section 7 .AI3. of this development order is
submitted to DERM, PDEP, SPWMD, and the SFRPC.
26. Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H."
27. Withhold issuance of the first residential building permit and subsequent
applicable permits, until compliance with Section 7.A7. of this development
order, has been confirmed by the Dade County School Board.
28. Withhold issuance of building permits, unless traffic peak hour trip thresholds
are in compliance with Section 7.A9. and the improvements required
pursuant to Section 7.AIO. have been constructed as required.
29. Withhold the issuance of Certificates of Occupancy until agreements have
been executed between the Applicant and the City of Miami Beach Fire and
Police Departments, ensuring the adequate provision of services as a required
condition.
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Agenda Item R5F 4c
B. CONDITIONS TO MITIGATE LOCAL IMPACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALL Y, SHALL:
1. Local traffic conditions: Prior to the issuance of building permits for
development which will generate more than 1515 new net external P.M. peak
hour trips, either, at its option, construct (with reasonable City approval),
cause to be constructed or contribute an agreed amount of funds to the City
to construct the following traffic improvements, _ subject to all applicable
governmental approvals:
(b)
(c)
(d)
(e)
(t)
(g)
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(a)
striping and installation of westbound left turn lane for 4 or 5 vehicle
capacity on Meridian Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
installation of westbound left turn signal on Meridian A venue (south
as it intersects with 5th Street);
installation of a westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Michigan Avenue (south) as it intersects with 5th Street,
without any widening of the existing right-of-way;
installation of westbound left turn signal on Washington Avenue
(south) as it intersects with 5th Street;
installation of a westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Collins Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
installation of westbound left turn signal on Collins Avenue (south)
as it intersects with 5th Street;
installation of westbound left turn lane (striping) for 3 or 4 vehicles
capacity on Jefferson Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
17
Agenda Item R5F 4c
(h) reset signalization phasing at the major intersections along 5th Street,
to give more time for pedestrian/bicycle crossing movements, as may
be permitted by the City of Miami Beach Public Works Department
and the FDOT: (signalization should be adjusted for weekend traffic
conditions,
(i) installation of No "U-Turns Permitted" signage along Biscayne Street
(a.k.a.South Pointe Drive)/Alton Rd., as it defines the boundaries of
the development site.
The determination of new net external trips shall be conducted pursuant to the trip generation
calculations set forth in Exhibit "G," hereto. [Tables 21.B-l through 21.B-3 of the Porto fino
DR! Alternative ADA.]
2. Police and Fire: Pay its fair share costs of additional police and fire capital
equipment that are required as a result of the Portofino Development Order,
which costs shall include additional police vehicles for the City in an amount
not to exceed two hundred forty thousand ($240,000) dollars, and one fire
rescue vehicle in an amount not to exceed ninety five thousand ($95,000)
dollars. These fair share contributions shall be paid in accordance with
Paragraph 12 below.
3. Storm Drainage: Treat and dispose of all storm drainage on-site and without
use of the City's stormwater collection system. In addition, at such time as
Applicant is required to design, construct and build the traffic improvements
at the southwest comer intersection of MacArthUr Causeway and Alton Road,
pursuant to the terms of this Development Order, Applicant shall be
responsible for the costs of replacement or modified storm water drainage
facilities that are required to maintain the drainage of the parking or other
facilities as they exist on the date of the proposed improvement to the
intersection noted above.
F:IAlTOIUVLlI'ORTOFtN\ORDS\R,F 4C.ORD
~t.n;"'H.I99'(UI,,",) -
18
F:\A lTOIl.EVL\PORlllt1N\OROSlR'F _ 4C.ORO
Mlln:h1'.I99.(I:,.,....)
Agenda Item R5F 4c
4.
Water and Sewer: Be solely responsible for the cost of any water or sewer
main extensions or expansions that are necessary to bring available City water
and/or sewer lines to adequately serve any of the properties that are part of the
Development Order. In the event that the City wishes Applicant to oversize
any of said lines for other potential users of the system, Applicant shall only
be responsible for its hydraulic share of such oversizing.
Washington Avenue and Alton Road Streetscape and Landscape Plans:
Within eighteen (18) months of the date of the final approval of the
Development Order, prepare and submit to the City a landscape and
streetscape plan for Washington Avenue and Alton Road south of Fifth Street
to South Pointe Drive, at Applicant's sole cost and expense. Applicant hereby
agrees to participate in the funding of the implementation of such plan[ s],
provided that the plans are not materially changed without Applicant's consent
(not to be unreasonably withheld) and provided further that Applicant's fair
share contributions for the funding of the implementation of said plan shall
be not to exceed Two Hundred Ten Thousand Dollars ($210,000) for the
Washington Avenue plan and Two Hundred Fifty Thousand Dollars
($250,000) for the Alton Road portion of the plans, These fair share
contributions shall be paid by Portofino in accordance with Paragraph 12
below.
Library Facilities: The City of Miami Beach has the physical facilities
available to establish a branch library but is lacking adequate funding for the
cost of stocking said library. Applicant will pay to the City of Miami Beach,
for the funding of the stocking of said library, the sum of Fifty Thousand
Dollars ($50,000) contingent upon changing the name of the library, subject
to the process established by Dade County, from "South Shore Branch
Library" to " South Pointe Branch Library," as well as the placement of a
commemorative plaque to be placed on the Library acknowledging
5.
6.
19
F:I"TIlllLEVLlI''ORTOftN\OJWSI.R'''' ~.ORD
~h..:h2'.I99'(I:""",) -
Agenda Item R5F 4c
Applicant's contribution. The design and expense of the plaque shall be paid
for by the Applicant. These fair share contributions shall be paid by the
Applicant, as noted in Paragraph 12 below; provided, however, that the design
and expense of the plaque shall be paid for by the Applicant at such time as
said plaque is commissioned.
7. Electric Shuttle: Provided that adequate stops are adjacent to the properties
owned by the Applicant, Applicant will pay to the City its fair share of Fifty
Thousand Dollars ($50,000) for the marketing and operation of generic or any
other public mass transit initiative. Furthermore, provided that stops are
8.
adjacent to Applicant's properties, Applicant will pay the cost of "Electric
Wave" transit stop signs, meeting the design approval of the City, at such
locations adjacent to the Applicant's properties hereunder as may be approved
by the City. These fair share contributions shall be paid by Applicant in
accordance with Paragraph 12 below.
Booster Pump Station: Provided that the Applicant has consented to the plans
therefor (such consent not to be unreasonably withheld), landscaping for the
site in an amount of Twenty-Five Thousand Dollars ($25,000) shall be paid
by the Applicant. This fair share contribution shall be paid by Applicant in
accordance with Paragraph 12 below.
Baywalk: Fulfill its obligations for baywalk improvements adjacent to SSDI-
North, SSDI-South, and the Hinson Parcel (i.e., south to the northern
boundary line of the Federal Triangle Parcel, all as graphically depicted on
Exhibit E to the Settlement Agreement by and among the City of Miami
Beach, Miami Beach Redevelopment Agency and Westside Partners, Ltd.,
dated ,1998 (the "Settlement Agreement"), which is on file
with the Clerk of the City Commission, by constructing a public baywalk
along the entire length of these properties fronting on Biscayne Bay on (i) the
west twenty five (25) feet of the plotted lots, and (ii) any land currently
9.
20
Agenda Item R5F 4c
existing west of the west lot line of the plotted lots. In order to complete said
baywalk, West Side agrees to fill the western portion ofthe Hinson Parcel to
the western boundary of said parcel, as graphically depicted on Exhibit E to
the Settlement Agreement. All construction costs including design and
construction, including, but not limited to, the seawall (solely along the
Hinson Parcel), paving, lighting, street furniture, signage and landscaping are
to be paid by the Applicant. These improvements shall be completed upon
issuance on any certificates of occupancy for the adjacent parcels.
10. Washington Avenue Extension: The Applicant will dedicate, by easement,
the extension of the public right-of-way of Washington Avenue to serve South
Pointe Park, when the closing ofSSDI North occurs (provided that all of the
"Final Approvals," as such term is defined in the Settlement Agreement have
been obtained); provided, however, that said easement area will be included
in any calculations of setbacks or Floor Area Ratio ("F .A.R. "), lot size or any
other zoning or planning requirement of the City in connection with the
development of the parcels encumbered by said easement, and in connection
with any condemnation or purchase of the parcels encumbered by said
easement, said parcels will be treated as though said parcels were not
encumbered by said easement; provided further, that the Circuit Court of the
II th Judicial Circuit in and for Dade County, Florida, will retain jurisdiction
to enforce the terms of the Settlement Agreement, and if the City fails to
calculate the setbacks, F .A.R., lot size or aii~ other zoning or planning
requirement of the City, as noted above, or fails to treat said parcels as though
said parcels were not encumbered by said easement in connection with any
condemnation or purchase of the parcels encumbered by said easement, then
Applicant, may file the appropriate action in said Circuit Court of the 11 th
Judicial Circuit in and for Dade County, Florida, to enforce its rights under
the aforesaid Settlement Agreement.
F:\A rnllUVVPORToI'tN\ORDs\R'F _ .c,ORD
M.....,h2'.I99.(UI.....l
21
Agenda Item R5F 4c
11. Sunset Plaza: The City shall release the pedestrian easement and the southern
access easement on the southern side of the building known as the "Yacht
Club" on the northern portion of SSDI South and the Applicant will provide
plans to the City for: (i) a limited access corridor to the Baywalk not less than
forty (40) feet wide which will allow for public access to the Baywalk, as well
as emergency vehicle access, and (ii) the driveway access and drop-off
parking area required pursuant to the 1986 Development Agreement (as such
term is defined in the Settlement Agreement), said interest to be granted
pursuant to an easement to be executed by Applicant to the City at the time
the existing pedestrian easement is released. The grant of the above-noted
easement to the City shall not affect the setbacks, F .A.R., lot size or any other
zoning or planning requirements of the City that would affect or limit the
ability of the Applicant to fully develop any properties adjacent to said
easement. Plans for such access corridor, driveway access and drop-off
parking shall be mutually agreed upon by Applicant and the City, and the cost
of developing same shall be borne by Applicant.
12. Fair Share Contributions: Within twelve months of this Development Order
becoming final, Applicant shall pay to the City the sum of $920,000 in annual
payments of $92,000 to fulfill its financial obligations under the foregoing
provisions, and said annual payment shall be made every year thereafter for
a total of ten (10) years, by cashier's check or other form of bank check,
representing 1/10 of the total cash costs, and that payment shall increased by
a factor equal to the increase, if any, in the Consumer Price Index, as
published by the U.S. Department of Labor, All Items, commencing from the
date the first annual payment is due; provided, further, that said increase shall
not in any event exceed three percent (3%) compounded annually. In the
event that Applicant fails to pay the contributions at the time noted herein, no
further building permits shall issue unless and until said payment is made.
~~~.~~~~~~i:~fN\OR[)SIIBF _ 4C.ORD 22
F"A TT'l)lL.EVllP()RruFJN\ORDS\R~F __ 4C.ORD
Man:h 1~. 1991 (';~lrm)
Agenda Item R5F 4c
c.
GENERAL CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTL Y OR
SEVERALL Y, SHALL:
1. Integrate all original and supplemental ADA information into a
Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City,
and one copy to the Department of Community Affairs within 30
days of the effective date of the development order. The CADA shall
be prepared as follows:
(a) Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of
the development order, whether in response to a formal
statement of information needed or otherwise, the original
pages of the ADA will be replaced with revised pages.
(b) Revised pages will have a "Page Number (R) - Date" notation,
with "Page Number" being the number of the original page,
"(R)" indicating that the page was revised, and "Date" stating
the date of the revision.
2. Submit an annual report as required pursuant to Section 380.06(18),
F.S. to the City, the Council, the Dade County School Board, the
Office of Eco-System Management of the Department of
Environmental Protection (WPB) and the Department of Community
Affairs on each anniversary date of the effective date of the
development.
3. Record, within 30 days of the effective date of the development order,
notice of the adoption of the development order in the public records
of Dade County pursuant to Section 380.06(15), F.S., specifying that
23
Agenda Item R5F 4c
the development order runs with the land is binding on the applicant,
its successors, and assigns, jointly or severally.
4. Any obligations of the Applicant under the terms fo this Development
Order that are within the control of an affiliate, subsidiary or other
entity controlled by the Applicant, shall be fulfilled by any such
entity on behalf of the Applicant.
SECTION 8. CONCURRENCY DETERMINATIONS.
The City does hereby perform the requisite concurrency determination and finds that the
Alternative Portofino Development of Regional Impact meets the City's adopted levels of service
for transportation, water, sewer, parks and drainage and any other relevant concurrency
determinations, as of the date of this Development Order.
SECTION 9. DATE UNTIL WHICH DEVELOPMENT NOT SUBJECT TO DOWN-
ZONING. UNIT DENSITY REDUCTION OR INTENSITY REDUCTION.
January 31, 2012 is hereby established as the date until which the Portofino Development of
Regional Impact shall not be subject to down-zoning, unit density reduction, or intensity reduction,
unless the City can demonstrate that substantial changes made by the Applicant in the conditions
underlying the approval of the development order have occurred, or that the development order was
based on substantially inaccurate information provided by the applicant, or that the change is clearly
essential to the public health, safety, or welfare of the citizens of the City of Miami Beach.
Phasing buildout dates shall be consistent with the Phasing Schedule provided in the Portofino
Alternative ADA.
SECTION 10. ENFORCEMENT OF VIOLATIONS.
In the event the Applicant, its successor, or assigns, violates any of the conditions of the
development order or otherwise fails to act in substantial compliance with the development order
(hereinafter violator), the City shall have the right to stay the effectiveness of the development
order as to the entire project or the tract, or portion of the tract, in which the violative activity or
conduct has occurred and withhold further permits, approvals, and services for development in said
tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in
F:\AT'f'O\U:VL\I'ORTOf1N\OR[)s\R.~F ~_ORD
U.n:hZ',I<rJI(I:"f'I'I) -
24
Agenda Item R5F 4c
accordance with this action, finding that such violation has occurred. The violator will be given
written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the
violation is cured within 15 days of said notice, the City will hold a public hearing to consider the
matter within 30 days of the date of said notice.
SECTION 11. LOCAL OFFICIAL RESPONSIBLE FOR MONITORING COMPLIANCE.
The Director of the City's Department of Planning and Zoning, or hislher designee, is hereby
designated as the official who shall monitor compliance with all conditions of the development order
and specify monitoring procedures that, at a minimum, require development order conditions to be
reviewed by the City prior to issuance of any local development permit. Applicant shall allow
reasonable access to the project for this monitoring to assure compliance with the Development
Order and all applicable laws and regulations.
SECTION 12. ELECTION OF THE APPLICANT.
Pursuant to Section 380.06(5)(c), Florida Statutes, the Applicant elects to be bound by the
applicable rules adopted pursuant to Chapters 403 and 373 which are in effect when this
Development Order is issued.
SECTION 13.
COMMENCEMENT AND TERMINATION OF DEVELOPMENT.
Physical development shall commence within one year from the effective date of this
development order. The termination date for completing development is January 31, 2012. The
termination date may only be modified in accordance with Section 380.06(I9)(c) Florida Statutes.
The Applicant's right to develop in accordance with this Development Order requires that the
Applicant comply with the requirement specified in Section 7C.3. regarding recordation of this
Development Order. January 31, 2012 is hereby established as-the expiration date for this
Development Order.
SECTION 14.
SEVERABILITY.
If any section, part of a section, paragraph, sentence, clause, phrase or word of this Ordinance
is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of
invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have
been the legislative intent to pass this Ordinance without such unconstitutional, invalid or
F:'ATT'O\.LEV!.IPORTOf1N\.ORDS\R'F _ 4C.ORD
Mwd!2',I99I(I:Hpm)
25
Agenda Item R5F 4c
inoperative part herein, and the remainder of this Ordinance after the exclusion of such part or parts
shall be deemed to be held valid as if such part or parts had not been included therein, or if this
Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons,
property, kind of property, circumstances or set of circumstances, such holdings shall not affect the
applicability thereof to any other person, property or circumstances.
SECTION 15. EFFECTIVE DATE.
This Development Order shall become effective on the effective date of those amendments
to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive
Plan which are being processed concurrent with this Development Order pursuant to Section
380.06(6), F.S., but in no event shall this Development Order become effective sooner than forty-
five (45) days from transmittal of this Development Order to the Florida Department of Community
Affairs, the SFRPC and the Applicant; provided, however, that if the Development Order is
appealed, this Development Order will take effect on the day after all appeals have been withdrawn
or resolved, as provided by law.
SECTION 16.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
f.\ATn)l,LEVLlPORrof1N\ORos\R'Y 4<:.ORO
Man:hH.I99I(I"Ip"') -
26
Agenda Item R5F 4c
SECTION 17.
TRANSMITTAL.
The City Clerk is instructed to transmit a copy of this Development Order and all Exhibits
attached hereto to the Florida Department of Community Affairs, the South Florida Regional
Planning Council and the Applicants Agents, as required pursuant to Section 380.07, F.S.
PASSED AND ADOPTED this 15th day of April
,1998.
~f/J;
MAYOR
ATTEST:
~~f~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
If hill /J - 31~C1J.
~kD
F:\A no.U:VL\PORTOPJN\OROS\lUF _ 4C.ORD
MIII'dl15.199'(':'I"",)
27
Agenda Item R5F 4c
LIST OF EXHIBITS TO THE PORTOFINO DR! DEVELOPMENT ORDER
ORDINANCE NO.
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit "H"
Exhibit "I"
f:'Ano.u;VLlI'ORTOFTN'IORDlIIAJF <<:.ORD
Mwdl1'.I99I(I:"rm) ~
Legal Description of Miami Beach Marina DR! as Amended (the core parcel
and the Marina)
That portion of the Miami Beach Marina DR! being incorporated into the
Porto fino DR! (North and South SSDI)
Additional Properties owned by the Porto fino Entities being incorporated into
the Porto fino DR!
DR! Master Development Plan and Development Program Table
Project Phasing Schedule
List of Economic Development Enhancement Resource Agencies and
Programs
Trips Generation Calculations
Graphic of Project Vehicle Access Points
Declaration of Allocation of New Net External Trips and Maximum
Development Program Limitations
28
Exhibit" A"
:;
CORE PARCEL
All of Lots 22 through 29, inclusive, and Lot 21, less the southerly 40 feet thereof, in Block Ill,
of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, recorded in
Plat Book 2, Page 81, of the Public Records of Dade County, Florida; together with a 40-foot
right-of-way on the Bay side of Rebecca and Hope Tower property, (being Lots 15 through 20
inclusive and the southerly 40 feet of Lot 21 in Block 111, of OCEAN BEACH FLORIDA
ADDITION NO.3); together with an easement over or under and upon the westerly 100 feet of
Lots 30 and 31, all in Block 111, OCEAN BEACH FLORIDA ADDITION NO.3, as recorded in
Plat Book 2, page 81, of the Public Records of Dade County, Florida. Together with: The West
2 feet of Lots 15 through 20, inclusive, and the westerly 40 feet of the southerly 40 feet of Lot
21, in Block 111, of OCEAN BEACH FLORIDA ADDmON NO.3, according to the Plat
thereofas recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida.
REBECCA AND HOPE TOWERS PARCEL
Lots 15-20, inclusive, in Block 111, OCEAN BEACH FLORIDA ADDmON NO.3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County,
Florida.
MARINA PARCEL
A portion of land lying West of and adjacent to Block 111 of OCEAN BEACH, FLORIDA
ADDITION NO. 3 according to the Plat thereof as recorded in Plat Book 2, at Page 81 of the
Public Records of Dade County, Florida More particularly described as follows: Commence at
the Northwest comer of Section 3 for 1550.00 feet more or less, to a point on the East line of
Block 90 of aforementioned Plat; thence run S 0030'00" E along the East line of Blocks 90, 89,
88,87,86,85,84,83,82,81,80,79, and a portion of Block 111 and along their extensions for
5207.00 feet to the SOiltheast comer of Lot 1, Block 111, for 260.00 feet to a point on the East
waterline of Biscayne Bay, said point also being the Point of Beginning of Tract of land
hereinafter described: thence run N 32000'00" W 300 feet west of and parallel to the Westerly
Right of Way line on Alton Road for 2150.00 feet to a point, thence run N 25037'26" W for 335
feet to the Northwesterly comer of a Lot designated 50-C less the Northerly 15 feet thereof as
shown on the Amended Plat of Lots 43 to 50, Block 111, Ocean Beach, Flori~ No.3. recorded
in Plat Book 14 at Page 70 of the Public Records of Dade County, Florida; thence run S
58000'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S
32000'00" E for 1264.00 feet to a point; thence run S 58000'00" W for 150.00 feet to a point;
thence run S 32000'00" E for 500.00 feet to a point; thence run N 58000'00" E for 150.00 feet to
a point; thence run S 32000'00" E for 772.00 feet to a point; thence run S 67036'06" E for
438.00 feet to a point; thence run N 58000'00" E for 330.00 feet more or less, to other land of
the City of Miami Beach; thence run 32000'00" W for 368.00 feet, more or less, by other land of
the City of Miami Beach to the Point of Beginning; containing 1,648,911 square feet (37.85
acres) more or less.
1
Exhibit "B"
SSDI NORTH PARCEL
Lots 30 through 42 inclusive, in Block III, of OCEAN BEACH FLORIDA ADDITION
NO.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public
Records of Dade County, Florida, together with the accretions thereto;
ALSO;
Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C of DADE COUNTY PROPERTY, according
to Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of Dade County,
Florida, together with the accretions thereto.
SSDI SOUTH PARCEL
Lots 1 through 14, inclusive, in Block Ill, of OCEAN BEACH FLORIDA ADDmON
NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public
Records of Dade County, Florida, together with the accretions thereto;
ALSO;
That Part of Biscayne Street (also known as Biscayne Avenue) as shown on said Plat of
OCEAN BEACH ADDmON NO.3, lying westerly of the southerly projection of the
west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on
the west by Biscayne Bay, together with the accretions thereto;
ALSO;
All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East,
described as: Beginning at a point on the Northern boundary of said Section 10, which is
intersected by the Easterly boundary of Jefferson Avenue extended Southerly across
Biscayne Street as a point or place of beginning; thence Southerly continuing the
Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point;
thence Westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the
Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the
Bay to the intersection of the Northern line of Section 10; thence Easterly along the
Northern line of Section 10,285.0' more or less to the point or place of beginning (the
Northerly boundary of said Section 10 being common with the Southerly boundary of
Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10
Township 54 Sou~ Range 42 East, known as Tract A or the Smith Company Bay Front
Tract, more particularly described as follows to wit: Bounded on the North by the
Northern line of said Section 10; bounded on the East by the East line of Jefferson
Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of
the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together
with the accretions thereto.
Exhibit "e"
GOODMAN TERRACE PARCEL
Part of the Northwest quarter of Section 10, Township 54 Sou~ Range 42 East, described
as follows:
Begin in North line of Section 10, which line is also South line of Biscayne Street at its
intersection with East line of Jefferson Avenue extended; then South in line drawn at right
angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel with
South line ofBiscayne Street to West line of Washington A venue; thence, North along West
line of Washington Avenue; thence, North along West line of Washington Avenue to its
intersection with South line of Biscayne Street; thence, West along South line ofBiscayne
Street to point ofbegjnning. Also descn1>ed as: all that part of North 132.0 feet of Section
10-54-42 known as Smith Cottages Tract and also as Tract B and bounded on North by North
line of Section 10; on West by East line of Jefferson Avenue extended; on South by line
parallel to and 132' South of North line of Section 10; on East by West line of Washington
A venue extended. .
HINSON PARCEL
BLOCK 8, SOurn: BEACH PARK SUBDMSION, recorded in Plat Book 6, at Page 77,. .
of the Public Records of Dade County, Florida, less and excepting therefrom the following .
two dedications: .
A 50.00 foot dedication in BLOCK 8, SOUTII BEACH PARK. SUBDMSION, recorded
in Plat Book 6, Page 77, of the Public Records of Dade County, Florida. Said 50.00 foot...
dedication being described as follows:
Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by the
Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of the
Government Reservation shown hereon; Bounded on the East by a line parallel to and 50.00
feet distant Easterly of, as measured at 9O-degrees to the Westerly line, of said BLOCK 8;
Bounded on the West by the Westerly line of the above-referenced BLOCK 8, said Westerly
line also being the Easterly line ofBiscayne Bay.
A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida. Said 40.00 foot
dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded on
the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line also
being the Northerly boundary line of the Government Reservation shown hereon; Bounded
on the east by the Westerly line of Washington Avenue, said Westerly line also being
Easterly line of BLOCK 8; Bounded on the West by a line parallel to and 40.00 feet distant
Westerly of, as measured at 90-degrees to the Westerly line, of the above-referenced
Washington Avenue.
ALASKAN/COOK INLET PARCEL
. -A parcel of land and accreted land located in Section 10 Township 54 South, Range 42 East,
Dade County, Florida, and being more particularly described as follows:
For a Point of Begjnning commence at a 100inch-square concrete monument located on the
northerly boundary of the U.S. Army Corps of Engineers Reservation, being the westemmost
comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat Book 6, Page
77, of the public records of Dade County; said monument designated "C" having grid
coordinates ofX-784,440.39 and Y-521,912.47. Said monument also lies approximately
South 24 degrees 27' 26- West a distance of 592.30 feet South of and North 65 degrees 36'
16- East of a distance of 554.97 feet West of the northeast comer of the northwest 1/4 of
Section 10, Township 54 South, Range 42 East. From said Point of Beginning run thence
South 24 degrees 25' 50- West a distance of 420.43 feet., more or less, to the Mean High
Water (M.H.W.) line of the northerly shoreline of the "Government Cut" for the entrance
channel of the Miami Harbor; thence North 65 degrees 35' 19- West along said M.H.W.line
a distance of261.59 feet to a point on a bulkhead; thence North 31 degrees 08' 2S- West
along said bulkhead a distance of 242.83 feet to U.S. Army Corps of Engineers Monument
"Virgil" having. a grid coordinate of X-783,902.72 and Y-521,845.63; thence North 57
degrees 41 ' 41- East a distance of226.20 feet to Monument "West" having a grid coordinate
ofX-784,093.91 and Y-S21,966.S2; thence North 87 degrees 38' 3T East a distance of
208.58 feet to Monument "0", having a grid coordinate of X -784,302.32 and Y -521/)75.14;
thence South 65 degrees 35' 12- East a distance of 151.63 feet to Monument "C" and the
Point of Beginning.
BLOCKS 51 AND 52 PARCELS
Lots 21, 22, 23,24 and the West ~ of Lot 25, in Block 51, of OCEAN BEACH, FLA.
ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of
the Public Records of Dade County, Florida.
-
Lots 4; 5, 6, and the East 22 feet of Lot 7, in Block 52, of OCEAN BEACH, FLA.
ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of
the Public Records of Dade County, Florida.
Lots 19, 20 and the East one-half of Lot 25, and all of Lots 26, 27, and 28, in Block 51, of
OCEAN BEACH, FLA. ADDITION NO. 3, according to the Plat thereof, as recorded in Plat
Book 2, at Page 81, of the Public Records of Dade County, Florida. Also, a 10.00 foot strip
of land shown on the referenced Plat as a 10.00 foot walk; adjacent to and bounded on the
North by the Southerly line of above referenced Lots; bounded on the South by the Northerly
line of Bisca.yne Street, said line being 10.00 feet Southerly of the Southerly line referenced
Lots; bounded on the West by the Westerly line of Lot 19, extended Southerly; bounded on
the East by the Easterly line of Lot 28 extended Southerly;
Lots 5,6, 7,11, 12 and the Easterly 26 feet of Lot 8, in Block 51, of OCEAN BEACH, FLA.
ADDmONNO. 3. according to the Plat thereof. as recorded in Plat Book 2, at Page 81, of
the Public Records of Dade County, Florida.
Lots 25,32, and 33, in Block 52, of OCEAN BEACH, FLA. ADDITION NO.3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade
County, Florida. .
Lots 9, 10, and 11, in Block 52, of OCEAN BEACH, FLA. ADDITION NO.3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade
County, Florida.
BISCA YNE COURT
A parcel of land lying and being in Section 3, Township 54 South, Range 42 East, City of
Miami Beach, Dade County, Florida; and being more particularly described as follows:
For a Point afBeg;nning commence at the northwest comer ofLat 19, Block 51 of OCEAN .
BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book
2, at Page 81, of the Public Records of Dade County, Florida; thence N 120 46' W W, for
a distance of7.50 feet; thence N 770 13' 2s- E, for a distance of 60.00 feet; thence N 12046'
09'" W, for a distance of 7.50 feet to a point on the Southwest comer ofLat 12, Block 51 of
the aforementioned OCEAN BEACH, FLA. ADDmONNO. 3; thence along the Southerly
lot line of said Lot 12, Block 51, N 770 13' 28. E, for a distance of 60.00 feet to a point on
the Southeast comer of Lot 11, Block 51 of the aforementioned OCEAN BEACH, FLA.
ADDITION NO. 3; thence leaving said Southerly lot line, S 12046' 09- E, for a distance of
7.s0 feet; thence N 770 13' 2S- E, for a distance of 63.18 feet; thence N 120 46' 09. W, for
a distance of 7.50 feet to a point on the Southwest comer of Lot 8, Block 51 of the
aforementioned OCEAN BEACH, FLA. ADOmONNO. 3; thence along said Southerly lot
line; N 770 13' 28. E, for a distance of 116.00 feet to the Southeast comer of Lot 5, Block
51 of the aforementioned OCEAN BEACH, FLA. ADDmON NO.3; thence leaving said
Southerly lot line; S 12046' 09. E, for a distance of 15.00 feet to a point on the Northeast
comer of Lot 28, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmON NO.
3; thence along said Northerly lot line, S 7r 13' 28- W, for a distance of 300.00 feet to the
Northwest comer of Lot 19, Block 51 of the aforementioned OCEAN BEACH, FLA.
ADDITION NO.3, said point also being the Point of Beginning.
Containing 0.082 acres, more or less.
COMMERCE COURT
A parcel ofland lying and being in Section 3, Township 54 South, Range 42 East, City of
Miami Beach, Dade County, Florida, and being more particularly described as follows:
For a Point of Begin nine commence at the Northwest comer of Lot 25, Block 52 of OCEAN
BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book
2, at Page 81, of the Public Records of Dade County, Florida; thence N 12046' 09. W, for
a distance of 10.00 feet; thence N 770 13' 28'" E, for a distance of30.00 feet; thence N 120
46' W W, for a distance of 10.00 feet to a point on the Southwest comer of Lot 11, Block
52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said
Southerly lot line N 770 13' 28'" E, for a distance of 90.00 feet to a point on the Southeast
comer of Lot 9, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.
3; thence leaving said Southerly lot line S 12046' 09- E, for a distance of 10.00 feet; thence
S 77013' 28. W, for a distanceof90.00 feet; thence S 12046' 09- E, for a distance of 10.00
feet to a point on the Northeast comer of Lot 25, Block 52 of the aforementioned OCEAN
BEACH, FLA. ADDmONNO. 3; thence along said Northerly lot line S 770 13' 28- W;for
a distanceof30.00 feet to the Northwest comer ofLat 25, Block 52 of the aforementioned
OCEAN BEACH, FLA. ADDmON NO.3; also being the Point Of Beginning.
Together With: .
For a PointofBegjnning commence at the Southeast comer of Lot 4, Block 52 of OCEAN
BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book
2, at Page 81, of the Public Records of Dade County, Florida; thence leaving said Southerly
lot line S 12046' W E, for a distance of20.DO feet to a point on the Northeast comer ofLat
33, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence
along said Northerly lot line S 770 13' 28- W, for a distance of 60.00 feet to a point on the
Northwest comer of Lot 32, Block 52 of the aforementioned OCEAN BEACH, FLA.
ADDmON NO.3; thence leaving said Northerly lot line, N 12046' 09- W, for a distance
of 10.00 feet; thence S 77013' 28- W, for a distance of 51.70 feet; thence N 12046' 09- W,
for a distance of 10.00 feet to a point on the Southerly lot line of lot 7, Block 52 of the
-
aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Southerly lot
line N 770 13' 28- E, for a distance of 111.60 feet to a point on the Southeast comer of Lot
4, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3, also being
the Point of Beginning.
Containing 0.067 acres, more or less.
WASHINGTON AVENUE EXTENSION
A parcel of land lying and being in Section 10, Township 54 South, Range 42 East, Dade
County, Florida, and being more particularly described as follows:
F or a Point of Beginning commence at the North line of said Section 10, also being the South
line of Biscayne Street, at its intersection with the West line of Washineton Avenue
. . extended; thence along the West line of Washington A venue extended bearing S 100 46' 31.
W, for a distance of 660.63 feet, more or less, to the Mean High Water (MHW) line of the
Northerly shoreline of the "GovemmentCut" for the entrance channel of the Miami Harbour;
thence S 650.35' 1 ~ E, along said MHW line for a distance of26.30 feet; thence leaving said
MHW line, N 240 25' 50" E for a distance of315.32 feet; thence N 10046' 31" E, for a
distanceoflOS.ll feet; thence N 650 35' 12- W, for a distance of62.02 feet; thence N 100
41' 35- E, for a distanceof246.97feetto a point on the North line of Section 10, also being
the South line ofBiscayne Street; thence along said North line and South line S 870 3S' 5T
W, for a distance of 40.87 feet to the Point of Beginning.
Containing 0.932 acres, more or less.
Hinson
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EXHIBIT "0"
PORTOFINO DRI DEVELOPMENT PROGRAM
USE ANTICIPATED MAXIMUM
Residential 1,400 units 2,500 units
Retail
258,000 S.F.
400,000 S.F.
Office
120,000 S.F.
250,000 S.F.
Live Theater
800 seats
800 seats
250 rooms
700 rooms
SSDI North
Water Tower
Triangle
End Parcels
SSDI South
End Parcels
Legend
Federal
Triangle
Existing
- . - Miami Beach
Marina DR! Alaska Parcel
_ Porto fino Alternative DRl
rLn
o 250 500FT
Source: Dames & Moore
Date:Ju/y /5, /997
Traffic: Kimley-Horn / Engineering: Dames & Moore / Planning: Sasaki Associates / Legal: Greenberg Traurig
IT]
PORTOFINO ALTERNATIVE DRI
--
Exhibit "E"
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Exhibit "F"
TRAINiNG AND ~
ev1PlOYMENT COUNOl .w. S21d A~nt.Hit. ~ 3CO
OF SOUTH R.ORDA Micmi. Florida 33122-1029
- - - - - T.~--
--... - ~ - - ~ r~":ll"ll:'l ---
- - - - - - - ~ ~ ..........J 094-7615
----~ hA.X
- - ~ ~ - ......: MnI:1 4n
*'G~':""".i'" .....' =. .. ''^^''J ~13
TEe Service Provider Agencies (Program Year 1996-199n
1. AlA EmpJoymenrof MiamI
3050 Biscayne Blvd., #100
Miami, Fl 33137
Ph: (305) 573-0333
Fax: (305) 57J..6251
[Programs: II-A, 11-{:. /11, ~~
2.. Abilities of Aorida, Inc.
6602 SVV 57th Avenue
Miami, Fl 33143
Ph: (305) 669-6981
Fa: (305) 669-6989
[ . Programs: ItA (disabled) J
3. Adult Mankind Organization
300 East 1st Avenue, '127
Hialeah, Fl 33010
Ph: (305) 885-4796
Fax: (305) 885-2141 .
[Prograrns: r~ 1J-C 11I,RefUgees]
4. Beacon Can:!er Institute
2900 NW 183rd Street
Miami, Fl 33056
Ph: (3OS) 62004637
Fa: aoS) 620-3679
L Progt7l17U: 1M
1
[
6. Catholic Community Svc:s.
fResettlement Program)
60 East 3rd Street #206
Hialeah, Fl 33010
Ph: (305)883-4555
F.u: (05) 883-4498
Programs: Refugees
7. QlI'istian Community Service
Agency (CCSAj
3899 NW 7th Slrel!t, 1200
MIami, Fl 33126
Ph: C30SJ 541.osS1
Faa: (305) 541-5228
LPrograms: II-t\ IJ.C, 11/, Refugees 1
Wso /oared:J
· 240 E. lstAvenue. ~203
Hialeah. Fl 33OtO
Ph: (30SJ 888-5291
· t 398 SW 1 sr SlnleC
MJouuI. Ft, U13S
Ph: C3OS) 6451-6682
· 225 N'W J1h Streit, 1203
Miami, R. 331]7
Ph: GO!) 576-0023
· 311 NE&f1 Street. #t04
Homesbead, Fl 33030
Ph: (05) 2~3395
8. Cuban American National
Council
300 SW T 2th Ave., #324-8
5. Business Etc., loc. Miami, Fl 33 t 30
10550 NW 77th Ct., #310 Ph: (30S) 642-9447
Hialeah Gardens, Fl33016 Fax: aoS) 649-4550
Ph: (305) 267~707 ~:::..c-c;-r Progr.vns: J}-A. lJ-C 1//, R.eftrgees 1
Fax: (305) S38 ~ .....5'~-~ I ~lso loabed:)
~8 a J5 Jf/ ~ ~~ · 1223 sw 4tl Straec
[ J MIamI, F1. 33135
Programs: 1M. 11l~ Re~ Ph: (305) 642~
]
· 2.co Em 1.5t A~u., '221
HWeah, FL 33010
Ph: C3O.5) ~79T 0
· 8353 SW t24tft Stnef,. '20t
Miami, Fl.. 33 t 56
Ph: C3OS) 233-11 30
9. Dade County Public Sc:f1ools
(Troy Community Academy)
3300 NW 27th Avenue
Miami, Fl "33142
[ Programs: IJ.C ]
Ph: C3OS) 6J3.09sa
Fax: (305) 63~2
10. Easter Seal Society of
Dade County
1475 NW t 4th Avanue
Miami. Fl "33125
Programs: 1M (cfrsab~,
Il-C rd"lSab/ed)
Ph: (305) 32>0470
Fax: (305) 32.$-0578
11. Epilepsy Foundation of
South Ronda, Inc.
7300 N. Kendall Dr., Ste.. 700
Miami, Fl 33156
Ph: C3OS) 670-4949
[Fax: (30.5) 670-0904 '
- PtOgTams; Refugees
r
12. Florida Keys Employment &
Training Council
812 Southard Street
Key West Fl 33040
Ph: 1-305-292-0762
fax: 1-305-292-6891
ProgtaJm;' Ih\ l1-C,. 1lI
--
27. Miami, Oty of
(Neighborhood Jobs Program)
300 Blscayne Blvd. Wcy
Ste. 325
Miami, Fl 33131
Ph: (3GS) 579-2463
Fu: (30S) 579-2431
l Pf081'CmS; I~ II~ /I/,Refr.Jgees f
. 27. New Directions Employ-
ment & Training 5ervi~
5555 8isc:ayne Blvd.
Miami, Fl 33137
fib: (305) 7S9-8S00
Fa: (3CJS) 757-2$.40
Programs: 1M (d"lMlbled),
JI-C (disabled), 1/1, Refugees
28. North Dade Chamber of
Commerce
18350 NW 2nd Avenue
MiamI, Ft 33169
Ph: (305) 690-9125
Fax: (305) 690-9124
Programs: fl-A fl.C. 1ft J
29. Opa-focka, City of .
CY outh Development Project}
777 Sharazad Blw.
Opa-{oc:ka, Fl 33054
Ph: (305) 953-2871
Fax: (305) 953--287SJ
I Programs; II-C _
30. OpportUnities Industriali-
zation' Center of Dade County
(010.
5022 NW .,., Avenue
Miami, Fl 33127
Ph: (JOS) 7S8-9S25
Fax: (305) 758-9132
Programs: II-A, 11/, R.efusees I
31. Pierre Toussaint Catholic
Center,lnc
110 NE 621ld Street
Miami, Fl 33138
Ph: (30S) 7S~2462
F4X: (305) 758-3216
Programs: 1lJ, Refugees
32. Richmond-Pemne
Optimist Oub
9935 West Indigo Street
Miami, Fl. 33157
Ph: OOS) 233-9325
Fax: GUS} 232-7815
J Programs: 1M III
33. Riverside House
75 S'N aIh S~ Ste.. 3 t 0
Miami, Fl 33130
Ph: aoS) 381-8638
Fa%: (30S) 374-4875
L PrograTn$: Refugees ]
34. SABER, Ine.
3990 W. Flagler Street
Miami, Fl 33134
Ph: (30S) 443-7601
Fax: (305) 443-8441
l ProgfiUTl$: 1M II-C, /1/, Refugees I
35. SER-jobs For Progress
42 NW 2;4' Ave., Ste.. 421
Miami, Fl 33125
Ph: (305) 649-7500
Fax: (305) 644-2100
L Programs: II-^ tK, (ff,R.efugees (
(Also located:)
· (Hometlead .lClbs & ~
361 N.lCromeAvenue
Homestead, R. 33030
Ph: (305) 2~7-74761247-5468
35. Small Business OPPortunity
Center, roc. CSBOq
1417 w. Ragler St, 3" FlOor
Miami, Fl 33135
Ph: (305) 643--1555
Fax: ('305) 541-2181
r Programs; //l, ~fUBees J
36. Society for Haitian
Advancem~ Recognition and
Education CSHARf)
5000 Biscayne Blvd., Sre. , 02
Miami, FL 33127
Ph: (305) sn -91 7S
Fax: (305) 576-0803
l Programs: 11-1\ ~gees ]
37. spinal Cord Uving..
Assistance Development, lne.J(sQ.AD)
240 E. First Ave., Ste. , 22
Hialeah, Fl 33010
Ph: (305) 887-8833
Fax: (305):884-7606
L Programs: II4\, tl-C
38. Transition, me.
390 NW 2nd Street
Miami, Fl 33128
Ph: (305) 374-1987
Fax: GOS) 539-9141
r Programs; IJ.C Rl5ugees
39. Vankara Technlc1.llnstitute
13331 Alexandria Drive
Opa-Iodca, R. 33054
Ph.: C3OS) 681-6121
Fax; (305) 685-7551
r Pro~: lJ..A
t 3. Rorida National College
4206 w. 12th Ave..,ue
Hialeah, Fl 33012
Ph: (305) 821-3333
fax: (305) 362-059.5
[ Programs: II~ 1// 1
Wso /ocat:l!d:J
· t 1373 W. ~ SIreet
Miami, FL 33174
Ph: CJOS) 226-9999
· 6840 SW 40th Snec
Miami. Ft 33155
Ph: 005) 663-6464
14. Haitian American
Community As5oda%ion of
Dade County !HACAO)
8037 NE 2nd Avenue
Miami, FL 33138
PIa: (305) 7S 1~29
Fax: (305) 15 1-4523
[Prosrams: II-A, II-C, Refugees J
15. Haitian American
Foundation, Inc. <HAFI}
8340 NE 2nd Avenue
Miami, FL .33138
Ph: (305) 758-3338
Fax: (305) 758-3238 .
[ Programs: Refugees ,
16. Hialeah, Oty of
(HAYES Program}
240 East 1st Avenue. .208
P.O. Box 110040
Hialeah, Fl 33010
Ph: (3OS) 883-6925
Fax: (305) 883-&910
[ ~ II-A. II-C. III, Refugees I
17. Hfspanic CoaJition
5659 W. Flagler Street
Miami, Fl 33134-
Ph: (305) 262.0060
Feu: <30S) 262..Q518
, PtOgrams: Ill, Refugees J
I
1 B. James E. Scott Community
Assoc. (JESCAl .
2400 NW 54th Street
Miami, FL 33142
Ph: ()OS) 633-4070
Fax: ('30S) 638-4642
Programs: II-A, 1I-C //J 1
19. Jewish Vocational Service
735 NE 125th St, 3rd Floor
North Miami, Fl 33161
Ph: (305) 899-8309
Fa%: (305) 899-8n8
Programs: 1I-A (azsabJed),
IJ..C (alSGbled), Refu
20. Job Depot
6301 Biscayne Blvd., #202
Miami, Fl 33138
Ph: 005) 756-5627
Fax: (305) 7S~292
I Programs: Refugees 1
20. Jobs For Miami
7900 NE 2nd Ave., 6th Floor
Miami, Fl 33138
Ph: (305) 759-6511
Fax: (305) 759-7639
I Programs: ~ Il-C III 1
Wso I~:J
· Valentino Vall!!ntz! Mall
8498 SIN 8th Sb-eet, Ste.. 224
MQrni. FL 331-44
Ph: C3OSl269-aS1S
· HaIGh Palm Center
60 Eo 3m Slreet. Ste.. 211
H'"l8leah. R. 33010
Ph: GaS) !63-2351
21. Key Power Technical
Instftute, 'nc.
613 NW 7th Street
Miami, Fl 33136
Ph: (305) 371-5555
Fax: (305) 371-7572
, Programs: II-A. 1//
22. utin O1amber of Commerce
(CAMACOLJ
1417 W. Flagler Street
Miami, Fl 33135
Ph: (305) 642-3870
Fax: (305) 6-42-0653
r Programs: /1-A. Refugees ]
23. lltde Havana Activities &
Nutrition Center
700 SW 6th Street
Miami, Fl 33130
Ph: (305) 154-9267
Fax: (3OS) 854-6243
l Programs: II-.Ay R.efugees ]
24.lutheran Ministries of
Florida
9499 W. Fl.agJer Street
MIamI, FL 33174
Ph: (305) 559-1177
Fax:: (305) 55909509
( Programs: Refugees J
25. Metro-Oade Community
Action Agency
395 NW First St,. Ste. 201
Miami. Fl 33128
Ph: (305) 347-4685
Fax: (305) 372-3745
r Programs; II-A, Refugees I
26. Metro-Oade Cept of
Human Services
CT arget:ed Services Program)
1401 SW First St, Ste. 101
Miami, FL 33135
Ph: (305) ~9-4063
Fax: (305) i43-85SS
Programs: 1M Refugees f
40. Young Women's Christian
Assoc. (YWC\)
351 NW Sth Street
Miamf, FL 33128
Ph: (305) 377-9922
Fu: (305) 530-&271 w
373-9922
l Programs: II-A J
41. Youth Co-Op, fnc.
801 NW 37'l' Ave., #212
Miamf, Fl 33125
Ph: (305) 643-6730
Fa: (05) 643-190.
L Proer.anzs: JI-A, (f.C, III,RefUgees J
Wso~~
· ~estd~
91&6 SW 24- St.; Ste.. 6
Miami, FL 33165 .
Ph: (3QS) 201-2"'99
· CPwrine.l:
11326 S. Dgae Hwy.
~, FL 33151
Ph: OOS) 2S~3188
· CHTaleCtJ:
1800 W. 491fl St.. Ste. 100
Hialeah, R. 33Ot2
"'= 00Sl 822-7761
· (OpsJ9C:b): RcRII8eS only
-490 ~ BMI..
Opa.b:b, FL 33OS4
Ph: l3OS) 687-2886
-:;.
Land Use
High Rise Condo
Retail
Office
Uve Theater
Hotel
Exhibit "G"
P.M. PEAK HOUR TRIP GENERAnON
ITE Code
232
820
710
441
310
Trip Generation FPm1.u1a
To: 0.338(X) + 19.962
LN(T) 0: 0.637LN(X) +3.553
LN(T) = 0.737LN(X) +1.831
To: O.02-(number of seats)
LN(T) 0: O.957LN(number of rooms) _ 0.070
Note: a 10~ internal capture should be applied for the total P.M. peak hour trips estimated using
the formulas above. In addition. a pass-by capture of 15~ should be applied for retail trips.
SOURCE: ADA
PORTOFINO DRI
Driveway Access
Loea tions
Figure 21.G-l
Exhibit "H"
- ....
!
I
LEGEND
~ DRIVEWA Y ACCESS
ETI
Not To Scale
PORTOFINO DRI
<002401\F'(lRTG-<:1 I-U-17
I
~
PORTOFINC
Ciro(f
!
I
8-J3-97
Traffic: KiI11Jt!y-Hom/ Encineerinc: Dllmes ,t lIoore/ Planninc: SUllki hsocillta/ LecaJ: CrwJ~rr Tnuril
EXHIBIT I
to
Alternative Portofino DRI Development Order
Preoared Bv:
rFIRSTl DECLARATION OF ALLOCATION OF DEVELOPMENT LIMITATIONS
This [First] Declaration of Allocation of Development Limitations ("Declaration") is made as of this
day of
, 1998 by
, a Florida
("Ow") having a mailing address of
, in favor of
mailing address of
("Permitee"f'Grantee") having a
. 1l'eBrT's
Owner and Permitee/Grantee as used herein shall in every instance include the assigns and successors-in-
interest and title of each of the parties hereto.
WLLt!.E~~J;..LH
WHEREAS, Owner intends to obtain a development permit for and/or to convey, transfer and set over
unto Permitee/Grantee that certain parcel of unimproved real property, more particularly described below,
lying and situated in Dade County, Florida, to wit:
(LEGAL DESCRIPTION)
(hereinafter called "the Subject Property"); and
WHEREAS, the Subject Property comprises a portion of tracts or parcels of land approved for
development as a Development of Regional Impact (the "DRI Tracts") pursuant to that certain Alternative
Portofino DRI Development Order, Ordinance No.
. adopted by the City of Miami Beach, Florida
(the "City") on
, 1998 (the "Development Order"); and
WHEREAS, the Owner is obligated pursuant to the Development Order to provide the City with a
recordable allocation agreement that would allocate new net external P.M. peak hour trips and the maximum
development program limitations under the Development Order to parcels within the DRI Tracts at such time
as any of said parcels is submitted for a building permit and/or is transferred to and held by a separate owner
in order to document the allocated and remaining development potential under the Development Order; and
WHEREAS, Owner and Permitee/Grantee have agreed upon an allocation of new net external P,M,
peak hour trips and the maximum development program limitations under the Development Order with respect
to the Subject Property and the remaining DRI Tracts,
NOW THEREFORE, the Owner hereby makes the following declaration of allocation of new net
external P.M. peak hour trips and the maximum development program limitations pursuant to the Development
Order:
1, Allocation: The Subject Property is hereby allocated, pursuant to the Development Order,
the following development limitations:
(a)
(b)
a total of
new net external P.M. peak hour trips
a total of
square feet of Commercial,
square feet of
Office,
High Rise Condominium Units (Residential),
Hotel
Rooms and
Attraction (Live Theater) Seats.
2. Remainina Unallocated Net External Trios And Maximum Develooment Program Limitations,
.-
Owner hereby declares and confirms that as a result of the allocation set forth in Paragraph 1 herein above
and after taking into account all previous allocations of development limitations to specific parcels among the
DRI Tracts, as setforth in the [First, Second, etc,] Declarations Of Allocation of Development Limitations, there
remain a total cumulative un allocated new net external P.M. peak hour trips and maximum development
program limitations pursuant to the Development Order applicable to the remaining DRI Tracts belonging to
Owner, as follows:
(1)
The remaining total of new net external P,M. Peak Hour Trips:
f:\A1TQl.LEVI.\PORlUFlN\ORDSlRJ' _ 4C.ORD
Mlr'Chl', 199. (BI.....)
2
The remaining Maximum Development Program Limitations:
(a) Maximum High Rise Condominium Units
(b) Maximum Hotel Rooms
(c) Maximum square feet Commercial
(d) Maximum square feet of Office
(e) Maximum Attraction (Live Theater) Seats
3, Acceotance of Allocation Bv Permitee/Grantee By its joinder in this Declaration,
Permitee/Grantee acknowledges and agrees to the foregoing allocations with respect to the Subject Property.
Owner and Permitee/Grantee agree not to exceed the allocations of new net external P.M. peak hour trips
and maximum development program limitations for their respective properties as setforth in this Declaration.
4. Recordation: Aoolication: Term: This Declaration, and any amendments, modifications, and
releases regarding same, shall be recorded in the Public Records of Dade County, Florida, at the cost of the
Owner and shall be binding upon the Owner and its successors and assigns (including the Permitee/Grantee).
This allocation of development limitations shall remain in effect from the date of recordation until January 31,
2012.
5, No Cloud on Title: This Declaration shall not be construed as a cloud on title to any of the
DRI Tracts. The sole intent of this Declaration is to allocate pursuant to the Development Order development
limitations to parcels comprising the DRI Tracts in connection with the issuance of development permits for
said parcels and/or with the conveyance of said parcels by the Owner and its successors and assigns.
6. Amendment: Modification: Release: This Declaration may be modified, amended or released
.-
as to the Subject Property, or any portion thereof, by written instrument executed by the then owner of the fee
simple title to the Subject Property and the Owner, provided that such modification, amendment or release
has been approved by the Planning and Zoning Director of the City of Miami Beach, Florida or his/her
successor, as being in accordance with the Development Order. If so approved, the Director shall execute
the above referenced written instrument in recordable form effectuating and acknowledging such modification,
amendment or release.
F:\A TJ'U'..LEVLlPORTOflN\OROS\R" _ 4C.ORD
M.rchl', !"I(I:"pnt)
3
IN WITNESS WHEREOF, this Declaration has been executed in a manner required by law as of the
day and year first above written.
Signed, Sealed and Delivered
OWNER
In the Presence of:
By:
PRINT NAME OF WITNESS BELOW:
Name:
Title:
PRINT NAME OF WITNESS BELOW:
STATE OF FLORIDA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by , as the general partner of ,L TO" a Florida
limited partnership, on behalf of the said partnership. He/she is personally known to me or has produced
(type of identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Print
Name_
Commission
No,:_
[NOTARIAL SEAL]
F:\Anu.LEVLlI'ORTOt1N\OIlD8\IUF 4C.ORD
),I-"Z'.I99I(.:S1.....) -
4
The undersigned Permitee/Grantee hereby joins in and accepts the foregoing allocation as of the _ day
of , 199_.
PERMITEE/GRANTEE
STATE OF FLORIDA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of I 1998
by , as the general partner of ,L TO" a Florida
limited partnership, on behalf of the said partnership, He/she is personally known to me or has produced
(type of identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Print
Name_
Commission
No,:_
[NOTARIAL SEAL]
F:IATJ'O',[.EVLlpORTOFtN'lORDS\R,F _ 4C.ORD
Mvdl1', 199'(1'1......
5
The undersigned Planning and Zoning Director of the City of Miami Beach, Florida hereby approve the
foregoing allocation as of the day of , 1998.
PLANNING AND ZONING
DIRECTOR CITY OF
MIAMI BEACH, FLORIDA
BY:
Dean Grandin, Jr., Director
STATE OF FLORIDA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by Dean Grandin, Jr., as Planning and Zoning Director of the City of Miami Beach, Florida, on behalf of the
said Department. He/she is personally known to me or has produced (type of
identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Print
Name_
Commission
No.:_
[NOTARIAL SEAL
F:IAT['O\UVL\POR1l)fIN',{)R05\IUF <<:.ORO
Mlfdll', 199.C.:S1pn1) -
6
"
"
c
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~
~
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i III
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PORTOF1NO DRl DEVELOPMENT PROGRAM
liS..E ANTICIPATED MAXIMUM
Residential 1,400 units 2,500 units
"
"
c
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~
PO~TOnNO
GROUP
EXHIBIT "0"
Retail
258,000 S.F.
400,000 S.F.
Office
120,000 S.F.
250,000 S.F.
Live Theater
800 seats
800 seats
250 rooms
700 rooms
Water Tower
Triangle
End Parcels
SSDI South
End Parcels
End Parcels
Hinson
Legend
Federal
Triangle
Existing
- · - Miami Beach
Marina DR! Alaska Parcel
~wJ Porto fino Alternative DRl
rlII
o 250 500FT
Source: Dames & Moore
Date: July /5. /997
Traffic: Kimley-Horn / Engineering: Dames & Moore / Planning: Sasaki Associates / Legal: Greenberg Traurig
IT]
PORTOFINO ALTERNATIVE DRI
,0/1F ff'.-3/2/
I
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
October 16, 1998
J, Thomas Beck, Chief
Florida Department of Community Affairs
Bureau of Local Planning
Plan Processing Team
255 Shumard Oak Boulevard
Tallahassee, Florida 32399
Re: Alternative Portofino DR! Development Order
Dear Mr. Beck:
Enclosed is a certified copy of Ordinance Number 98-3121, the Alternative Portofino DR!
Development Order. By copy of this letter, a certified copy of this Development Order has been
transmitted to the South Florida Regional Planning Council and the property owner.
If you have any questions regarding this matter, please do not hesitate to contact me.
10 Rodriguez
City Manager
fA
cc: Carolyn Dekle, Executive Director (w/enclosure)
Robert Parcher, City Clerk (w/enclosure)
Dean Grandin, City of Miami Beach Planning and Zoning Director (w/enclosure)
Clifford A. Schulman, Esq., counsel for Porto fino Entities (w/enclosure)
Debbie M. Orshefsky, Esq., counsel for Porto fino Entities (w/enclosure)
F\ ITO I.t\ 1. \1,\111:'\'.\ u.rn:WSI)IlIl.111. I
Agenda Item R5F 4c
ALTERNATIVE PORTOFINO DRI DEVELOPMENT ORDER
ORDINANCE NO. 98-3121
AN ORDINANCE OF THE MAYOR AND CITY
COM1\USSION OF THE CITY OF l\'IlAl'\1I BEACH, FLORIDA,
AMENDING THE DEVELOPMENT ORDER FOR THE
MIAl"1I BEACH MARINA DEVELOPMENT OF REGIONAL
IMPACT WHICH \-VAS APPROVED BY RESOLUTION NO.
75-14762; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE MIAMI BEACH MARINA DRI
LEGALL Y DESCRIBED ON EXHIBIT "A" TO BE K1'\TOWN
AS THE AL TERNA TIVE MIAl\t1I BEACH MARINA DRI;
PROVIDING FOR RENAi\1ING OF THOSE PORTIONS OF
THE MIAl\'ll BEACH MARINA DRI LEGALLY DESCRIBED
ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE
"ALTERNATIVE PORTOFINO DRI" AND ISSUING A
SEP ARA TE DRI DEVELOPMENT ORDER FOR SUCH
LAND; PROVIDING FOR TRANSMITTAL TO THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR RECORDATION IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; PROVIDING
FOR A REPEALER AND AN EFFECTIVE DATE.
WHEREAS, on July 16, 1975, the Mayor and City Commission of the City ofMiarni Beach
pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina
Development of Regional Impact affecting properties legally described on Exhibits "A" and "B" ;
and
WHEREAS, those portions of the Miami Beach Marina DRI-Iegally described on Exhibit
"A" are owned and are to be developed by the City of Miami Beach; and
WHEREAS, the property legally described on Exhibit "B" , together with the lands legally
described on Exhibit "C" are to be o\Vned and developed by the Porto fino Entities (as such entities
are identified in the Portofino DRI Alternative ADA) as the Porto fino DRI; and
WHEREAS, the properties legally described on Exhibits "A" , "B" and "C" are or will be
in separate o\Vnership, are at different stages of development and are amenable to being severed from
one another so as to create two separate and distinct developments of regional impact; and
Agenda Item R5F 4c
\\'lIEREAS, on August 15, 1997, the Portofino Entities, with the knowledge of the City of
Miami Beach, filed an Alternative Amended Application for Development Approval as a substantial
deviation to the previously approved Miami Beach Marina DRl; and
\VHEREAS, the amendments to the previously approved Miami Beach Marina DRl include
the bifurcation of this DRl so as to create two separate and distinct developments of regional impact
to be knO\'.iTI as the Miami Beach Marina DRl and the Portofmo DRl subject to separate and distinct
DRl development orders constituting amendments to the original Miami Beach Marina DRl
development approved pursuant to Resolution 75-14762; and
\VHEREAS, on December I, 1997, the City's Planning Board held a public hearing to
consider the amendments to the Miami Beach Marina DRl, after which the board voted unanimously
to recommend approval of the request; and
\VHEREAS, the City Commission of the City of Miami Beach held two public hearings on
this amended development order on April 1, 1998 and April 15 , 1998, pursuant to the Notice
and Public Hearing provisions of Chapter 380, Section 380.06(11) and Chapter 166, Section
166.041, Florida Statutes; and
WHEREAS, the City Commission of the City of Miami Beach has determined approval of
this amended development order for the Miami Beach Marina DRl as a substantial deviation to the
previously approved DRl is in the best interests of the residents of the City of Miami Beach and
furthers the health, safety and general welfare of the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AL'\ID CITY
COMNfISSION OF THE CITY OF MIAMI BEACH, FLORlDA:
SECTION 1, DEVELOPMENT IDENTIFICATION.
(a) The legal description of the property included within the Portofino DRl is
attached hereto as Exhibits "B" and "C" .
(b) The name of the development is "Portofino."
(c) The name of the Applicant is the Porto fino Entities, and, as used herein,
"Applicant" shall include successors and/or assigns of the Portofino Entities.
(d) The name of the authorized agents for the Applicant are:
F AmJOI.E\'L""lmfN.(,IOSO." <O_D
"4__a.'''''/''I_1
2
SECTION 2.
, ,,.1"'T'OoLElOL l'O.nWfH\(>I;o.U' < 0..0
"_U.I_~lfI_, +
Agenda Item R5F 4c
Clifford A. Schulman, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
and
Debbie M. Orshefsky, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P.A.
515 East Las Olas Blvd., Suite 1500
Fort Lauderdale, Florida 33301.
(e) Development SummarY.
1. The development program approved, subject to the conditions and
requirements included in this development order, is as set forth on
Exhibit "D".
2. Attached as Exhibit "D" is the project Master Development Plan
which identifies the proposed development.
3. Attached as Exhibit "E" is the project Phasing Schedule.
FINDfNGS OF FACT.
(a)
The "'WHEREAS" clauses and the Development Summary included in
Section 1 (e) as set forth in this Ordinance are incorporated as findings of fact.
(b) The Portofino DRl is not in an Area of Critical State Concern.
(c) The development approved is consistent with the adopted State Land
Development Plan applicable to this area.
.-
(d) The development as approved is consistent with the City of Miami Beach
Comprehensive Plan, the Strategic Regional Policy Plan of the South Florida
Regional Planning Council and the State Comprehensive Plan.
(e) The development as approved makes adequate provisions for the public
facilities needed to accommodate the impacts of the proposed development
in accordance with the City of Miami Beach Comprehensive Plan and land
development regulations.
3
SECTION 3.
(a)
Agenda Item R5F 4c
(f)
The development as approved IS consistent with the report and
recommendations of the South Florida Regional Planning Council
Assessment Report, dated November 3, 1997
CONCLUSION OF LA W.
Approval of the Porto fino Development of Regional Impact ("DRl") subject
to the provisions of this Ordinance is consistent with the requirements of
Chapter 380, Florida Statutes and is in conformity with all other applicable
local and state laws and regulations.
SECTION 4, APPLICABILITY OF DEVELOPMENT ORDER:
(a) The property legally described on Exhibits "B" and "C" shall be knO\\tTI as the
"Alternative Portofino DRl." This Development Order shall apply to
development of the Porto fino DRl.
(b) The property legally described on Exhibit "A" shall be knO\VTI as the
"Alternative Miami Beach Marina DRI", pursuant to a proposed ordinance
amending the original Miami Beach Marina Development Regional Impact
Development Order (Resolution 75-14762) with respect to the property
legally described on Exhibit "A," to be adopted by the City Commission on
the same date as this Amended Development Order. This Development
Order shall not apply to the property legally described on Exhibit "A," the
development of which shall be governed by the amended development order
amending Resolution 75-14762 as to such property.
SECTION 5. INCORPORA TION OF THE Ai TERt'\lA TIVE AtvfENDED APPLICATION
FOR DEVELOPMENT APPROV Ai FOR THE PORTOFINO DRl (ADA).
The Alternative Amended ADA, as consolidated, pursuant to Rule 9J-2.025, S(3)(b)9, F.A.C.,
is incorporated into this Ordinance by this reference and relied upon by the parties in discharging
their statutory duties under Chapter 380, Florida Statutes, and applicable local ordinances.
Substantial compliance with the representations contained in the Amended ADA is a condition for
F'" ~LL\ L '.OtlmfNlO.OII." -= U.D
~;J.I".,.!t_,
4
Agenda Item R5F 4c
approval unless waived or modified by agreement among the City, the South Florida Regional
Planning Council, and the Applicant, its successors, or assigns.
SECTION 6.
INCORPOR.A nON OF COUNCIL ASSESSMENT.
The South Florida Regional Planning Council Development of Regional Impact Assessment
for the Porto fino DRI ("Council Assessment") dated November 3,1997, is incorporated into this
Ordinance by this reference,
SECTION 7. DEVELOPMENT APPROVAL.
The Alternative Portofino DRI, as described in this development order, and as represented
in the Consolidated Alternative Amended ADA, is approved subject to the following conditions,
stipulations and requirements which shall apply to the Applicant, its successors, grantees and
assigns, jointly and severally and shall be binding upon the real property described in Exhibits "B"
and "C".
A. CONDITIONS TO MITIGATE REGIONAL IMPACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOfNTL Y OR
SEVERALL Y, SHALL:
1. Incorporate the following into the project design and operation:
(a) actively encourage and promote ride-sharing by establishing a car and
van pool information program;
(b) designate three (3) percent of employee parking spaces, located as
close as possible to employee building entrances, for exclusive high
occupancy vehicle use;
(c) provide mass transit route and scheduie information in convenient
locations throughout the project, including office complex lobbies
and within and adjacent to retail areas;
(d) cooperate with Metropolitan Dade County in provisions for future
transit amenities; and
(e) provide on-site bicycle storage facilities to encourage use of
alternative modes of transportation.
, "n'DUVl.PO.Tl'~).~ItJf OCUt.O
""-"",.1"'(1"_1
5
Agenda Item R5F ~c
2, Design construct and maintain the stormwater management system to meet
- - .
the following standards:
(a) Comply with the regulations and requirements of the South Florida
Water Management District (SFW'NfD) and applicable local
government comprehensive plan drainage level of service (LOS)
requirements for surface water management in effect at the time of
permit application.
(b) Install pollutant retardant structures to treat all storm water runoff at
each of the new project outfall structures in accordance with the
master drainage plan included in the Portofino DRl Consolidated
ADA, and periodically remove pollutant accumulations as required.
(c) Use silt screens and aprons during any phase of project construction
to minimize any increase in turbidity in adjacent surface waters.
(d) Vacuum sweep all parking lots of eleven or more parking spaces and
private roadways serving the parking lots at least once per week.
(e) Mulch, spray, or sod exposed areas to prevent soil erosion and
minimize air pollution.
3. Design, construct, and maintain any additions, expansions, or replacements
to the on-site irrigation system to minimize salt water intrusion and in
accordance with SF\\t1vID guidelines. \\!hen practicable, use recycled water
for landscape irrigation and other water conserving techniques to reduce the-
demand on the region's potable water supply. -.
4. Remove Mellaleuca, Casuariana, Schinus and all other invasive exotic
vegetation, as recognized by the Florida Exotic Pest Plant Council in each
phase of the development. Place visible barriers around the trees or tree
clusters to remain on site, prior to removal of exotic vegetation with heavy
equipment. Monitor cOl'!1ffion areas including, but not limited to, roadways,
, Ao~LL\.L........ml'N'(j.D!loIU' <COlD
"'-lll,,"l"l_l
6
Agenda Item R5F 4c
rights-of-way, easements and public open spaces to ensure that exotic plants
do not become reestablished.
5. Provide landscaping on the site that is consistent with City Ordinance #89-
2665, Section 8, as may be amended. Additional criteria for selection of plant
materials shall include the following:
(a) does not require excessive irrigation or fertilizer;
(b) is not prone to insect infestation or disease;
(c) does not have invasive root systems; and
(d) other criteria as may be appropriate.
Use xeriscape principles in design and implementation of project landscaping,
as practicable.
6. Incorporate the use of water sensors, ultra-low volume plumbing fixtures, self
closing and/or metered water faucets, and other water conserving
devices/methods consistent with the criteria outlined in the water conservation
element of the Miami-Dade Water and Sewer Department's SF\VJ\1D Water
Use Permit.
7. Prior to the issuance of the first residential building permit for the project to
be issued follo'Ning adoption of this development order, pay $250,000 to the
Dade County School Board to be spent by the School Board as it deems
necessary and appropriate to provide and/or enhance educational facilities.
The DRl Annual Report required pursuant to Section 7, C.2. hereof and.
.-
Section 380.06(18), Florida Statutes (F.S.), shaH include an accounting of the
number of units for which the Applicant has obtained certificates of
occupancy during the preceding 12 month reporting period. Prior to the
issuance of a final certificate of occupancy for any building \Vith in the project
containing any residential unit, the Applicant shall contribute to the School
Board a sum equal to $500 per unit for each unit in excess of 500 units that
is covered by any certificate of occupancy. The Applicant acknowledges that
,'",mJlU\lt.I'nII'TT>>TN\()U>>U, <DAD
..._U.I....I.,._1 -
7
Agenda [tern R5F 4c
the contributions required pursuant to this condition shall be in addition to the
Educational Facilities Impact Fees to be paid by the Applicant pursuant to
Section 33K of the Metropolitan Dade County Code. The Applicant agrees
not to seek a credit in the amount of the contributions against the future
Educational Facilities Impact Fee Assessment to be paid by the Applicant in
connection with the development of the Project.
8. Pursue with due diligence the objective of utilizing economic development
enhancement resource agencies and programs designed to involve small and
minority businesses in the development and expansion of pennanent job
opportunities within the project. Examples of such agencies and programs
include, but are not limited to, those listed on attached Exhibit "F". The
applicant will attempt to access the range of job skills available in the region
and promote greater labor force enhancement. At a minimum, the applicant
is encouraged to provide potential commercial tenants with infonnation about
employment and training agencies that maintain a database of trained/skilled
workers to consider in meeting the project's employment needs.
9. Prior to the issuance of each building permit for development within the
project, the Applicant shall demonstrate that the development to be authorized
by issuance of the building pennit shall not:
(A) Cause the project's new net external P.M. peak hour trips to exceed
1,733 trips. This determination shall be made using the following
Maximum Impact Development Scenario (i\t1IDS) F onnula:
0.304(R)+0.62(H)+2.37(C)~ 1. 14(0)+0.01 8(5)+ 333.31 = 1,733
Where: R is # of High Rise Condominium Units (Residential)
H is # of Occupied Rooms of Hotel
C is # of KSF of Commercial
o is # of KSF of Office
S is # of Attraction (Live Theater) Seats
F'.\~J1U"'L~'.TTJf'N().Ot'I" tColO
>o.l_Il:lI....1.'t~1
8
F ,'~LE"L"'1CTO~I).DSI.'f <o.D
.......... .: J, I""" ~ 1,..1
Agenda lc~m R5F 4c
This determination shaH be cumulative and shall include all
development which has received a building permit. in addition to the
building permit being sought.
(B) Cause the project cumulatively to exceed any land use component of
the Maximum Development Program Limitations as set forth on
Exhibit "0" of the Development Order.
(C) Cause the project to exceed the development restrictions of the City's
zoning ordinance in effect as of the date of this Development Order
and, subject to Section 9 hereof, thereafter, or, \vith respect to the
SSDI North and SSDI South parcels, to exceed the development
restrictions set forth in the Development Agreement dated April 17,
1986, recorded at Official Records Book 12873, Page 2612 of the
Public Records of Dade County, Florida, as amended or
supplemented from time to time.
Prior to the conveyance of any portion of the project and prior to the issuance
of each building permit for development within the project, the Applicant
shall execute in recordable form a DecIaration of Allocation of New Net
10.
External Trips and Ma'<imum Development Program Limitations in the form
attached hereto as Exhibit "I" (the "Declaration"). The DecIaration shaH also
be executed by the O\N1ler of the property which is being conveyed and/or for
which the building permit is sought and by the Planning and Zoning Directa.r
of the City of Miami Beach, Florida, or hislher successor. The Applicant
shall be responsible for recording the DecIaration in the Public Records of
Dade County, Florida, and shaH provide the Planning and Zoning Director
with a certified copy of the same prior to the issuance of each building permit
for the project.
Prior to the issuance of building permits for development which, cumulatively
with development related to any previously approved project building
9
Agenda Item R5F 4c
permits, will generate more than 1,298 new net external P.M. peak hour trips,
construct:
(a) an eastbound right-turn lane on Fifth Street at the Alton Road
intersection,
(b) dual northbound left-turn lanes on Alton Road at Fifth Street
intersection,
(c) modification of signalization at the Fifth Street! Alton Road
intersection to compliment turn lanes to be added in (a) and (b)
above.
The determination of new net external trips shall be conducted pursuant to the
trip generation calculations set forth in Exhibit "G," herein. [Tables 2l.B-l
through 21.B-3 of the Porto fino Alternative ADA.] The final geometry for
these improvements shaIl be submitted to and approved by the Florida
Department of Transportation, the Miami-Dade County Public Works
Department and the City of Miami Beach Public Works Department prior to
commencement of this roadway construction. Porto fino will construct (with
reasonable City approval), cause to be constructed or contribute an agreed
amount of funds to construct (a) through (c) improvements described above.
11. Install traffic signal control at the following intersections when warrants for
signalization are met, as determined by the applicable governmental entities:
(a) South Pointe Drive (V'k/a Biscayne Street) and Alton Road
(b) South Pointe Drive (f7k/a Biscayne Street) and Washington Avenue.
All proposed signal warrants wiIl be defined by the following criteria:
- Peak hour traffic volumes (weekday and weekend)
- Turn movement volumes (weekday and weekend)
- PedestrianlbicycIe movement volumes (weekday and weekend)
- Roadway Speed limit
- Intersection Level-of Service
~:'~_~;;/~O,~:~4J.o..".<OID 1 0
Agenda Item R5F 4c
- Sight Distance Clearance
- High - Volume Driveway Operations
- Accidents
- Illegal Vehicular Movements
- Safety
- Phasing of the Development
- Traffic Circulation Patterns for the Area
This condition shaH expire if signalization warrants are not met within 24
months of the issuance of the last certificate of occupancy for Porto fino DRl
development or upon the termination date of this development order,
whichever shall occur first.
12. Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H" .
All median openings on Biscayne Drivel Alton Road (Northbound) for the left
turning movement into the development site, will be required to have a
minimal queue length for the stacking of 4 to 5 vehicles during the peak hour
periods (Weekday and Weekend). rfthe number of vehicles queuing up at the
designated left turning bays exceed the five vehicles limit and interrupt the
flow of the thru traffic movement during and of the observed peak periods, for
a total of three consecutive months (90 days), then the installation of a signal
device with left-turning arrow shall be provided at athe expense of the.
developer.
13. Within 120 days of the issuance of a Certificate of Occupancy for any
building or portion of any building to be used for non-residential purposes,
the Applicant shaH submit a Hazardous Materials Management Plan for
review and approvals by DERM, FDEP, SF'WMD and the SFRPC. A copy
of the approved plan shall be submitted to the Miami Beach and Metro-Dade
Fire Departments. The plan shall incorporate into the development by lease
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Agenda lc~m R5F 4c
as long as the property is owned by the Applicant, and incorporate into the
development by sale agreement and restrictive covenant \vhen 3.11y of the
property is conveyed. as applicable, the following provisions:
(a) Require that buildings where hazardous materials or hazardous
wastes, as defined above, are to be used, displayed. handled,
generated, or stored shall be constructed with impervious floors.
without drains, to ensure containment and facilitate cle3.11up of any
spill or leakage.
(b) Prohibit any outside storage or hazardous materials or hazardous
waste. The exception to this condition is for retail goods typically
associated with residential nursery activity such as lawn fertilizers
and garden pesticides.
(c) Allow inspection by appropriate agency personnel of all businesses
on the premise storing, using, or generating hazardous materials or
biohazards waste prior to the commencement of operation, and
periodically thereafter to assure that adequate facilities and
procedures are in place to properly manage hazardous materials and
biohazards waste projected to be on-site;
(d) Require that any area used for loading or unloading of hazardous
material be covered and equipped with a collection system to contain
accidental spills.
(e) Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and to provide to DE~v[ copies of the following forms of
documentation or proper hazardous waste management practices:
a. a hazardous waste manifest;
b. a shipment to a permitted hazardous waste management facility;
or
12
Agenda lcem RSF 4c
c. a confirmation of receipt of materials from a recycler or a waste
exchange operation.
(f) Describe response actions and procedures to be follo\ved in case of
spills or other accidents involving hazardous materials, biohazards
waste or oil; and require tenants to notify appropriate authorities in
the event of a release as required by applicable regulations: and
(g) Require tenants to comply with all applicable reporting provisions of
Title III of the Superfund Amendment and Reauthorization Act
(SARA.) of the Emergency Planning and Community Right-to-Know
Law (EPCRA).
14. Notify state archeological officials at the Division of Historical Resources of
the Florida Department of State of construction schedules. Delay construction
up to three months in any area where potentially significant historical or
archeological artifacts are uncovered, and permit state and local historical
preservation officials to survey and excavate the site.
15. No construction of Baywalk facilities shall take place on or over any state
o\N1led sovereignty submerged lands, without being permitted under
appropriate consents of use for said lands, whether by lease, easement or
amendment to any such existing consents of use of such state o\N1led lands.
16. Incorporate energy conservation measures into the design and operation of the
project. At a minimum, construct all development in conformance with the
specifications of the State of Florida Energy Efficiency Code for Building
Construction (State Energy Code). Consider using natural gas and/or
renewable energy sources (e.g. solar heating) for water heating, space heating
and cooling.
17. Conduct air quality modeling in accordance with FDEP guidelines prior to
constructing any surface parking lot that will result in a peak hour traffic flow
equal to or greater than 1,500 vehicles per hour or prior to constructing any
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13
Agenda Item R5F 4c
parking garage that will result in a peak hour traffic flow equal to or greater
than 750 vehicles per hour (including both ingress and egress). The results of
this analysts shall be submitted to the SFRPC. DE~\f. and FOE? for revie\v
and approval. A minimum of 30 days will be required for review and
approval.
18. No alteration or maintenance. excluding \vork related to the proposed
Ba}"-valk. of the existing slip located on the Alaska Parcel, hereinafter referred
to as the "slip," shall be permitted without the Applicant having submitted, at
least forty-five (45) days prior to the filing of any applications for the
requisite environmental permits for such action, a Notice of Proposed Change
to a previously approved DRl, to the Department of Community Affairs, the
South Florida Regional Planning Council and the City. Said Notice shall
comply with the provisions of Section 380.06(19), Florida Statutes and shall
include a copy of the proposed permit applications, along with all supporting
data. For the purposes of this condition, the filling of the slip shall be
presumed to constitute a substantial deviation and the Applicant shall bear the
burden of rebutting, with clear and convincing evidence, that such proposed
change does not constitute a substantial deviation. In no event shall any
alteration or maintenance, excluding work related to the proposed Baywalk,
of the existing slip be commenced or conducted without compliance \'lith this
condition and only after applicable approvals from regulatory agencies, with.
jurisdiction, including the Metropolitan Dade County Department of
Environmental Resources Management, the Florida Department of
Environmental Protection, the South Florida Water Management District and
the Unites States Army Corps of Engineers.
19. During construction on site, use silt screens or staked hay bales around the
perimeter of the site to ensure that erosion of fill material or topsoil into the
surrounding waters ofBiscayne Bay shall not occur as a result of heavy rains.
~~;,~;,~~~:~O.O~.".OCU.O 14
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Agenda ICem R5F 4c
The applicant shall comply with requirements of the City of Miami B~ach and
the Dade County Department of Environmental R~sources Management as
directed.
20. Within 180 days of the effective date of the Development Order. provide for
the establishment and maintenance of a public information program within an
existing homeowners association for the purpose of educating the Applicant's
residents regarding the potential hurricane threat; the need for timely
evacuation in the event of an impending hurricane; the availability and
location of hurricane shelters; and the identification of steps to minimize
property damage and to protect human life. The applicant shall develop and
submit to the City, the Regional Planning Council and the Department of
Community Affairs, a continuing hurricane awareness program and a
hurricane evacuation plan. The hurricane evacuation plan shall address and
include, at a minimum, the following items: operational procedures for the
warning and notification of all residents and visitors prior to and during a
hurricane watch and warning period; a public awareness program which
addresses vulnerability, hurricane. evacuation, hurricane shelter alternatives
including hotels, friends and public hurricane shelter locations, and other
protective actions which may be specific to the development; identification
of who is responsible for implementing the plan; and other items as deemed
appropriate. Where hurricane shelter space is being made available by the.
Applicant, it shall be addressed in the plan and. shelter managers identified,
and specific responsibilities established. Where the proposed development
will include a private security force, the plan shall identify how the force will
be integrated with the local police personnel or other responsible agencies
during an impending hurricane event in order to assist in the notification,
warning, and evacuation of the development's residents. The plan shall be
developed in coordination with local emergency management officials. The
15
Agenda ICem RSf 4c
final plan must be found sufficient by the reviewing agencies and must
address the recommendations provided by the reviewing agencies.
THE CITY SHALL:
28.
29.
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21.
Prior to the issuance of any Certificate of Occupancy, execute an agreement
with the City of Miami Beach Fire and Police Departments to ensure the
adequate provision of fire and police protection services.
Prior to the issuance of a Certificate of Occupancy, meet the City's local
concurrency requirements for infrastructure to serve the project.
Review project landscape plans to ensure compliance with City Ordinance
#89-2665, Section 8, as may be amended, as required by Section 7.A.5. of this
development order; and that xeriscape principles are utilized in such
landscape plans, as practicable.
Monitor site development to ensure that exotic plant species are removed.
Withhold the issuance of any building permits until the Hazardous Materials
Management Plan required in Section 7.A.13. of this development order is
submitted to DERM, PDEP, SPWMD, and the SFRPC.
Limit primary project vehicle access points to the off-site roadway network
to the number and locations sho\N1l in Exhibit "H."
Withhold issuance of the first residential building permit and subsequent
applicable permits, until compliance with Section 7.A.7. of this development
order, has been confirmed by the Dade County School Board.
Withhold issuance of building permits, unless traffic peak hour trip thresholds
are in compliance with Section 7.A.9. and the improvements required
pursuant to Section 7.A.l O. have been constructed as required.
Withhold the issuance of Certificates of Occupancy until agreements have
been executed between the Applicant and the City of Miami Beach Fire and
Police Departments, ensuring the adequate provision of services as a required
condition.
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24.
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26.
27.
16
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Agenda Item R5F 4c
B. CONDITIONS TO MITIGATE LOCAL IMPACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOrNTL Y OR
SEVERALL Y, SHALL:
I. Local traffic conditions: Prior to the issuance of building permits for
development which will generate more than 1515 new net external P..\L peak
hour trips, either, at its option, construct (with reasonable City approval),
cause to be constructed or contribute an agreed amount of funds to the City
to construct the following traffic improvements,. subject to all applicable
governmental approvals:
(a) striping and installation of westbound left turn lane for 4 or 5 vehicle
capacity on Meridian Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
(b) installation of westbound left turn signal on Meridian Avenue (south
as it intersects with 5th Street);
(c) installation of a westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Michigan Avenue (south) as it intersects with 5th Street,
without any widening of the existing right-of-way;
(d) installation of westbound left turn signal on Washington A venue
(south) as it intersects with 5th Street;
(e) installation ofa westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Collins Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
(f) installation of westbound left turn signal on Collins Avenue (south)
as it intersects with 5th Street;
(g) installation of westbound left turn lane (striping) for 3 or 4 vehicles
capacity on Jefferson Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
17
Agenda Item R5F 4c
(h) reset signalization phasing at the major intersections along 5th Street,
to give more time for pedestrian/bicycle crossing movements, as may
be permitted by the City of Miami Beach Public Works Department
and the FDOT: (signalization should be adjusted for weekend traffic
conditions,
(i) installation of No "U-Turns Permitted" signage along Biscayne Street
(a.k.a.South Pointe Drive)! Alton Rd., as it defines the boundaries of
the development site.
The determination of new net external trips shall be conducted pursuant to the trip generation
calculations set forth in Exhibit "G," hereto. [Tables 21.B-l through 21.B-3 of the Portofino
DRl Alternative ADA.]
2. Police and Fire: Pay its fair share costs of additional police and fire capital
equipment that are required as a result of the Porto fino Development Order,
which costs shall include additional police vehicles for the City in an amount
not to exceed two hundred forty thousand ($240,000) dollars, and one fire
rescue vehicle in an amount not to exceed ninety five thousand ($95,000)
dollars. These fair share contributions shall be paid in accordance with
Paragraph 12 below.
3. Storm Drainage: Treat and dispose of all storm drainage on-site and without
use of the City's stormwater collection system. In addition, at such time as
Applicant is required to design, construct and build the traffic improvements.
at the southwest corner intersection ofMacArthiir Causeway and Alton Road,
pursuant to the terms of this Development Order, Applicant shall be
responsible for the costs of replacement or modified stormwater drainage
facilities that are required to maintain the drainage of the parking or other
facilities as they exist on the date of the proposed improvement to the
intersection noted above.
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18
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Agenda Item R5F 4c
4.
Water and Sewer: Be solely responsible for the cost of any water or sewer
main extensions or expansions that are necessary to bring available City water
and/or sewer lines to adequately serve any of the properties that are part of the
Development Order. In the event that the City wishes Applicant to oversize
any of said lines for other potential users of the system, Applicant shall only
be responsible for its hydraulic share of such oversizing.
Washim!ton Avenue and Alton Road Streetscape and Landscape Plans:
Within eighteen (18) months of the date of the final approval of the
Development Order, prepare and submit to the City a landscape and
streetscape plan for Washington Avenue and Alton Road south of Fifth Street
to South Pointe Drive, at Applicant's sole cost and expense. Applicant hereby
agrees to participate in the funding of the implementation of such plan[s],
provided that the plans are not materially changed \Vithout Applicant's consent
(not to be unreasonably withheld) and provided further that Applicant's fair
share contributions for the funding of the implementation of said plan shall
be not to exceed Two Hundred Ten Thousand Dollars ($210,000) for the
Washington Avenue plan and Two Hundred Fifty Thousand Dollars
($250,000) for the Alton Road portion of the plans. These fair share
contributions shall be paid by Porto fino in accordance with Paragraph 12
below.
Librarv Facilities: The City of Miami Beach has the physical facilities
available to establish a branch library but is lacking adequate funding for the
cost of stocking said library. Applicant will pay to the City of Miami Beach,
for the funding of the stocking of said library, the sum of Fifty Thousand
Dollars (550,000) contingent upon changing the name of the library, subject
to the process established by Dade County, from "South Shore Branch
Library" to " South Pointe Branch Library," as well as the placement of a
commemorative plaque to be placed on the Library acknowledging
5.
6.
19
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Agenda Item R5F 4c
7.
Applicant's contribution. The design and expense of the plaque shall be paid
for by the Applicant. These fair share contributions shall be paid by the
Applicant, as noted in Paragraph 12 below; provided. however, that the design
and expense of the plaque shall be paid for by the Applicant at such time as
said plaque is commissioned.
Electric Shuttle: Provided that adequate stops are adjacent to the propertIes
o\\iTIed by the Applicant, Applicant will pay to the City its fair share of Fifty
Thousand Dollars ($50,000) for the marketing and operation of generic or any
other public mass transit initiative. Furthermore, provided that stops are
adjacent to Applicant's properties, Applicant will pay the cost of "Electric
Wave" transit stop signs, meeting the design approval of the City, at such
locations adjacent to the Applicant's properties hereunder as may be approved
by the City. These fair share contributions shall be paid by Applicant in
accordance with Paragraph 12 below.
Booster Pump Station: Provided that the Applicant has consented to the plans
therefor (such consent not to be unreasonably withheld), landscaping for the
site in an amount of Twenty-Five Thousand Dollars ($25,000) shall be paid
by the Applicant. This fair share contribution shall be paid by Applicant in
accordance with Paragraph 12 below.
Bavwalk: Fulfill its obligations for baywalk improvements adjacent to SSDI-
North, SSDI-South, and the Hinson Parcel (i.e., south to the northern.
boundary line of the Federal Triangle Parcel, all as graphically depicted on
Exhibit E to the Settlement Agreement by and among the City of Miami
Beach, Miami Beach Redevelopment Agency and Westside Partners, Ltd.,
dated , 1998 (the "Settlement Agreement"), which is on file
with the Clerk of the City Commission, by constructing a public baywalk
along the entire length of these properties fronting on Biscayne Bay on (i) the
west t"venty five (25) feet of the plotted lots, and (ii) any land currently
8.
9.
20
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Agenda ICem R5F 4c
existing west of the west lot line of the plotted lots. In order to complete said
baywalk, West Side agrees to fill the western portion of the Hinson Parcel to
the western boundary of said parcel, as graphically depicted on Exhibit E to
the Settlement A!Zreement. All construction costs includin!! desi!Zn and
- - -
construction. including, but not limited to, the seawall (solely along the
Hinson Parcel), paving. lighting, street furniture, signage and landscaping are
to be paid by the Applicant. These improvements shall be completed upon
issuance on any certificates of occupancy for the adjacent parcels.
10. Washin~ton Avenue Extension: The Applicant \Vill dedicate, by easement,
the extension of the public right-of-way of Washington A venue to serve South
Pointe Park, when the closing ofSSDI North occurs (provided that all of the
"Final Approvals," as such term is defmed in the Settlement Agreement have
been obtained); provided, however, that said easement area will be included
in any calculations of setbacks or Floor Area Ratio ("F.A.R."), lot size or any
other zoning or planning requirement of the City in connection with the
development of the parcels encumbered by said easement, and in connection
with any condemnation or purchase of the parcels encumbered by said
easement, said parcels will be treated as though said parcels were not
encumbered by said easement; provided further, that the Circuit Court of the
11 th Judicial Circuit in and for Dade County, Florida, will retain jurisdiction
to enforce the terms of the Settlement Agreement, and if the City fails to.
calculate the setbacks, F.A.R., lot size or any other zoning or planning
requirement of the City, as noted above, or fails to treat said parcels as though
said parcels were not encumbered by said easement in connection with any
condemnation or purchase of the parcels encumbered by said easement, then
Applicant, may file the appropriate action in said Circuit Court of the 11 th
Judicial Circuit in and for Dade County, Florida, to enforce its rig:hts under
- -
the aforesaid Settlement Agreement.
11
Agt:nda Item R5F 4c
II. Sunset Plaza: The City shall rele3.Se the pedestrian e3.Sement and the southern
access easement on the southern side of the building kno\\ln as the "Yacht
Club" on the northern portion of SSDI South and the Applic.:mt will provide
plans to the City for: (i) a limited access corridor to the BaY'-valk not less than
forty (40) feet wide \vhich will allow for public access to the Ba:-walk. as well
as emergency vehicle access, and (ii) the driveway access and drop-off
parking area required pursuant to the 1986 Development Agreement (as such
term is detined in the Settlement Agreement). said interest to be granted
pursuant to an easement to be executed by Applic.:mt to the City at the time
the existing pedestrian easement is released. The grant of the above-noted
easement to the City shall not affect the setbacks, F.A.R., lot size or any other
zoning or planning requirements of the City that would affect or limit the
ability of the Applicant to fully develop any properties adjacent to said
easement. Plans for such access corridor, driveway access and drop-off
parking shall be mutually agreed upon by Applicant and the City, and the cost
of developing same shall be borne by Applicant.
12. Fair Share Contributions: Within twelve months of this Development Order
becoming final, Applicant shall pay to the City the sum of $920,000 in annual
payments of $92,000 to fulfill its financial obligations under the foregoing
provisions, and said annual payment shall be made every year thereafter for
a total of ten (10) years, by cashier's check or other form of bank check1'
representing 1/10 of the total cash costs, and that payment shall increased by
a factor equal to the increase, if any, in the Consumer Price Index, as
published by the U.S. Department of Labor, All Items, commencing from the
date the first annual payment is due; provided, further, that said increase shall
not in any event exceed three percent (3%) compounded annually. In the
event that Applicant fails to pay the contributions at the time noted herein, no
further building permits shall issue unless and until said payment is made.
~1':~~.~~;,7~~:~'IIOl'IU' .-COID 22
Agenda [tem R5F 4c
C. GENERAL CONDITIONS
THE APPUCA.t'\TT, ITS SUCCESSORS, A.t"ID/OR ASSIGNS. JOrNTL Y OR
SEVERA.LL Y, SHALL:
I. Integrate all original and supplemental ADA information into a
Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City,
and one copy to the Department of Community Affairs within 30
days of the effective date of the development order. The CADA shall
be prepared as follows:
(a) Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of
the development order, whether in response to a formal
statement of information needed or otherwise, the original
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pages of the ADA will be replaced with revised pages.
(b) Revised pages will have a "Page Number(R) - Date" notation,
with "Page Number" being the number of the original page,
"(R)" indicating that the page was revised, and "Date" stating
the date of the revision.
2.
Submit an annual report as required pursuant to Section 380.06(18),
F.S. to the City, the Council, the Dade County School Board, the
Office of Eco-System Management of the Department of
Environmental Protection (\VPB) and the Department of Community
Affairs on each anniversary date of the effective date of the
development.
Record, ""ithin 30 days of the effective date of the development order,
notice of the adoption of the development order in the public records
of Dade County pursuant to Section 380.06( 15), F.S., specifying that
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Agenda lcem R5F 4c
SECTION 8.
the development order runs with the land is binding on the applicant,
its successors, and assigns, jointly or severally.
4. Any obligations of the Applicant under the terms fo this Development
Order that are within the control of an affiliate, subsidiary or other
entity controlled by the Applicant, shall be fulfilled by any such
entity on behalf of the Applicant.
CONCURRENCY DETERMINATIONS.
The City does hereby perform the requisite concurrency determination and finds that the
Alternative Portot!no Development of Regional Impact meets the City's adopted levels of service
for transportation, water, sewer, parks and drainage and any other relevant concurrency
determinations, as of the date of this Development Order.
SECTION 9. DA TE UNTIL WHICH DEVELOPMENT NOT SUBJECT TO DO\VN-
ZONING. UNIT DENSITY REDUCTION OR INtENSITY REDUCTION.
January 31, 2012 is hereby established as the date until which the Porto fino Development of
Regional Impact shall not be subject to dO\N1l-zoning, unit density reduction, or intensity reduction,
unless the City can demonstrate that substantial changes made by the Applicant in the conditions
underlying the approval of the development order have occurred, or that the development order was
based on substantially inaccurate information provided by the applicant, or that the change is clearly
essential to the public health, safety, or welfare of the citizens of the City of Miami Beach.
Phasing buildout dates shall be consistent with the Phasing Schedule provided in the Porto fino
Alternative ADA.
SECTION 10.
ENFORCEMENT OF VIOLATIONS.
In the event the Applicant, its successor, or assigns, violates any of the conditions of the
development order or otherwise fails to act in substantial compliance with the development order
(hereinafter violator), the City shall have the right to stay the effectiveness of the development
order as to the entire project or the tract, or portion of the tract, in which the violative activity or
conduct has occurred and withhold further permits, approvals, and services for development in said
tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in
'''MDU:\ll.''')n'O~'D:f'IJ'' <{MD
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24
Agenda Item R5F 4c
accordance with this action, finding that such violation has occurred. The violator will be given
'NTitten notice by the City that states: 1) the nature of the purported violation, and 2) that unless the
violation is cured within 15 days of said notice, the City will hold a public hearing to consider the
matter within 30 days of the date of said notice.
SECTION 11. LOCAL OFFICIAL RESPONSIBLE FOR MONITORING CO~fPUANCE.
The Director of the City's Department of Planning and Zoning, or hislher designee, is hereby
designated as the official who shall monitor compliance with all conditions of the development order
and specify monitoring procedures that, at a minimwn. require development order conditions to be
reviewed by the City prior to issuance of any local development permit. Applicant shall allow
reasonable access to the project for this monitoring to assure compliance with the Development
Order and all applicable laws and regulations.
SECTION 12.
ELECTION OF THE APPLICANT.
Pursuant to Section 380.06(5)(c), Florida Statutes, the Applicant elects to be bound by the
applicable rules adopted pursuant to Chapters 403 and 373 which are in effect when this
Development Order is issued.
SECTION 13.
COMMENCEMENT AND TERMINATION OF DEVELOPMENT.
Physical development shall commence within one year from the effective date of this
development order. The termination date for completing development is January 31, 2012. The
termination date may only be modified in accordance with Section 380.06(19)(c) Florida Statutes.
The Applicant's right to develop in accordance with this Development Order requires that the
Applicant comply with the requirement specified in Section 7C.3. regarding recordation of this
Development Order. January 31, 2012 is hereby established as- the expiration date for this
Development Order.
SECTION 14.
SEVERABILITY.
If any section. part of a section, paragraph, sentence, clause, phrase or word of this Ordinance
is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of
invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have
been the legislative intent to pass this Ordinance without such unconstitutional, invalid or
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Agenda Item R5 F 4c
SECTION 17.
TRANSMITTAL.
The City Clerk is instructed to transmit a copy of this Development Order and aU Exhibits
attached hereto to the Florida Department of Community Affairs, the South Florida Regional
Planning Council and the Applicants Agents, as required pursuant to Section 380.07, F.S.
PASSED AND ADOPTED this 15th day of
April
, 1998.
~f$
~fA YOR
ATTEST:
ftk~ f~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ity mey
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27
Agenda ICem R5F 4c
LIST OF EXHIBITS TO THE PORTO FINO DRl DEVELOPMENT ORDER
ORDINANCE NO.
Exhibit "A"
Exhibit liB"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit "H"
Exhibit "I"
,." T'!tJlJ...A',L,l'OImmHl.u.I.J' <OlD
"'- u. 1","IIU,.., -
Legal Description of Miami Beach Marina DRl as Amended (the core parcel
and the Marina)
That portion of the Miami Beach Marina DRl being incorporated into the
Portofino DR! (North and South SSDI)
Additional Properties owned by the Porto fino Entities being incorporated into
the Portofino DRl
DRl Master Development Plan and Development Program Table
Project Phasing Schedule
List of Economic Development Enhancement Resource Agencies and
Programs
Trips Generation Calculations
Graphic of Project Vehicle Access Points
Declaration of Allocation of New Net External Trips and Ma'<imum
Development Program Limitations
28
Exhibit "A"
CORE PARCEL
All ofIAts 22 through 29, inclusive, and Lot 21, less the southerly 40 feet thereof. in Block 111
,
of OCEAJ."\i BEACH FLORIDA ADDITION NO.3, according to the Plat thereof. recorded in
Plat Book 2, Page 81, of the Public Records of Dade County, Florida; together \l.-ith a 40-foot
right~f-way on the Bay side of Rebecca and Hope Tower property, (being Lots 15 through 20
inclusive and the southerly 40 feet of Lot 21 in Block Ill, of OCE,'\N BEACH FLORIDA
ADDITION NO.3); together with an ~ement over or under and upon the westerly 100 feet of
Lots 30 and 31, all in Block Ill, OCEAN BEACH FLORIDA. ADDITION NO.3, as recorded in
Plat Book 2, page 81, of the Public Records of Dade County, Florida. Together \l.-ith: The West
2 f~t of Lots 15 through 20, inclusive. and the westerly 40 feet of the southerly 40 feet of Lot
21, in Block 111, of OCEA.l."\i BEACH FLORIDA ADDmON NO. 3, ~rding to the Plat
thereofas recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida.
REBECCA AJ.~"D HOPE TOWERS PARCEL
Lots 15-20, inclusive, in Block 111, OCEAN BEACH FLORIDA ADDmON NO.3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County,
Florida.
~fARINA PARCEL
A portion of land lying West of and adjacent to Block 111 of OCEAJ.'\i BEACH, FLORIDA
ADDITION NO.3 according to the Plat thereof as recorded in Plat Book 2, at Page 81 of the
Public Records of Dade County, Florida. More particularly described as follows: Commence at
the Northwest comer of Section 3 for 1550.00 feet more or less, to a point on the East line of
Block 90 of aforementioned Plat; thence run S 0030'00" E along the East line of Blocks 90, 89,
88, 87, 86, 85, 84, 83, 82, 81, 80, 79, and a portion of Block 111 and along their extensions for
5207.00 feet to the Southeast comer of Lot 1, Block 111, for 260.00 feet to a point on the East
waterline of Biscayne Bay, said point also being the Point of Beginning of Tract of land
hereinafter described: thence run N 32000'00" W 300 feet west of and parallel to the Westerly
Right ofVlay line on Alton Road for 2150.00 feet to a point, thence run N 25"37'26" W for 335
feet to the Northwesterly comer of a Lot designated 50-C less the Northerly 15 feet thereof as
shown on the Amended Plat of Lots 43 to 50" Block 111, Ocean Beach., Florida, No.3. recorded
in :t>l~t Book 14 at Page 70 of the Public Records of Dade County, Florida.; thence ruJ:? S
58000'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S
32"00'00" E for 1264.00 feet to a point; thence run S 58000'00" W for 150.00 feet to a point;
thence run S 32000'00" E for 500.00 feet to a point; thence run N 58"00'00" E for 150.00 feet to
a point; thence run S 32000'00" E for 772.00 feet to a point; thence run S 67"36'06" E for
438.00 feet to a point; thence run N 58000'00" E for 330.00 feet more or less, to other land of
the City of~fiami Beach; thence run 32000'00" W for 368.00 feet, more or less, by other land of
the City of j\.fiami Beach to the Point of Beginning; containing 1,648,911 square feet (37.85
acres) more or less.
Exhibit "B"
SSDI NORTH P AReEL
Ults 30 through 42 inclusive, in Block Ill, of OCEAL'f BEACH FLORIDA ADDITION
NO.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public
Records of Dade County, Florida, together with the accretions thereto;
ALSO;
Ults 43, 44, 45, 46, 47, 48i\, 49B, and SOC of DADE COt.JN'TY PROPERTY, ~rding
to Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of Dade County,
Florida, together with the accretions thereto.
SSDI SOUTH PARCEL
Lots 1 through 14, inclusive, in Block Ill, of OCEAN BEACH FLORIDA ADDmON
NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public
Records of Dade County, Florida, together with the accretions thereto;
ALSO;
That Part of Biscayne Street (also known as Biscayne Avenue) as shown on said Plat of
OCEAN BEACH ADDmON NO.3, lying westerly of the southerly projection of the
west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on
the west by Biscayne Bay, together with the accretions thereto;
ALSO;
All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East,
described as: Beginning at a point on the Northern boundary of said Section 10, which is
intersected by the Easterly boundary of Jefferson Avenue extended Southerly across
Biscayne Street as a point or place of beginning; thence Southerly continuing the
Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point;
thence Westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the
Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the
Bay to the intersection of the Northern line of Section 10; thence Easterly along the
Northern line of Section 10, 285.0' more or less to the point or pl~ of beginning (the
Northerly boundary of said Section 10 being common with the Southerly boundary of
Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10
Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front
Tract, more particularly described as follows to wit: Bounded on the North by the
Northern line of said Section 10; bounded on the East by the East line of Jefferson
Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of
the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together
with the accretions thereto.
Exhibit "c"
GOODMAN TERRACE PARCEL
Part of the Northwest quarter of S~tion 10, Township 54 South, Range 42 East, described
as follows:
Begin in North line of Section 10, which line is also South line of Biscayne Street at its
intcsection with East line of Jefferson Avenue extended; then South in line drawn at right
angles to South line of Biscayne Street 132 feet, then~, East in line drawn parallel with
South line ofBiscayne Street to West line of Washington Avenue; then~, North along West
line of Washington Avenue; thence, North along West line of Washington Avenue to its
intersection with South line of Biscayne Street; thence, West along South line ofBiscayne
Street to point of begin nine. Also descnOcd as: all that part of North 132.0 feet of Section
10-54-42 known as Smith Cottages Tract and also as TractB and bounded on North by North
line of Section 10; on West by East line of Jefferson A venue extended; on South by line
parallel to and 132' South ofNor-~ line of Section 10; on East by West line of Washington
A venue extended.
HINSON PARCEL
BLOCK 8, SOUTH BEACH PARK SUBDMSION, recorded in Plat Book 6, at Page 77,. .
of the Public Records of Dade County, Florida., less and excepting therefrom the follovving .
two dedications: .
A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDMSION, recorded
in Plat Book 6, Page 77, of the Public Records of Dade County, Florida. Said 50.00 foot
dedication being described as follows:
Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by the
Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of the
Govemment Reservation shown hereon; Bounded on the East by a line parallel to and 50.00
feet dis+..ant Easterly of, as measured at 9O-degrees to the Westerly line, of said BLOCK 8;
Bounded on the West by the Westerly line of the above-referenced BLOCK 8, said Westerly
line also being the Easterly line of Biscayne Bay.
A 40.00 toot dedication in BLOCK 8, SOUTH BEACH P AR.K SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Rewrds of Dade County, Florida. Said 40.00 foot
dedication being described as follows:
Bounded on the North by the Northerly line of the above-referencedBLOCK 8; Bounded on
the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line also
being the Northerly boundary line of the Government Reservation sho'WTI hereon; Bounded
on the east by the Westerly line of Washington Avenue, said Westerly line also being
Easterly line of BLOCK 8; Bounded on the West by a line parallel to and 40.00 feet d~.ant
Westerly of, as measured at 90-degre-...s to the Westerly line, of the above-refere:1c~
Washington A venue.
ALASKAN/COOK INLET PARCEL
'A parcel ofland and ac...""I'Cted land located in Section 1 0 Township 54 South, Range 42 East,
Dade County, Florida, and being more particularly described as foiloW'S:
For a Point ofBegjnning commence at a 10-inch-square concrete monUIIlent located on the
northerly boundary of the U.S. Army Corps of Engineers Reservation, being the westemInost
comer ofLat 6, Block 4, of South Beach Park Subdivision as shown in Plat Book 6, Page
77, of the public records of Dade County; said monument designated "C" having grid
coordinates ofX-784,440.39 and Y-521,9l2.47. Said monument also lies approxim.ateIy
South 24 degrees 27' 20 West a distance of592.30 feet South of and North 65 degrees 36'
16- East of a distance of 554.97 feet West of the northeast comer of the northwest 1/4 of
Section 10, Township 54 So~ Range 42 East. From said Point of Beginning run thence
South 24 degrees 25' 50- West a distance of 420.43 feet, more or less, to the Mean High
Water (M.H. W.) line of the northerly shoreline of the "Government Cut" for the entrance
channel of the Miami Harbor; thence North 65 degrees 35' 19- West along said M,H. W. line
a distance of26L59 feet to a point on a bulkhead; thence North 31 degrees 08' 2S- West
along said bulkhead a distance of 242.83 feet to U.S. Army Corps of Engineers Monument
"Virgil" having. a grid coordinate of X-783,902.72 and Y-521,845.63; thence North 5i
degrees 41 ' 41- East a distance of22620 feet to Monument "West" having a grid coordinate
of X-784,093.91 and Y-521,966.S2; thence North 87 degrees 38' 3T East a distance of'
208.58 feet to Monument "G", baving a grid coordinate ofX-784,30232 and Y-S21,975.14;
thence South 65 degrees 35' 12- East a distance of 151.63 feet to Monument "C" and the
Point of Beginning. .
BLOCKS 51 AND 52 PARCELS
Lots 21, 22, 23, 24 and the West Y% of Lot 25, in Block 51, of OCE~""" BEACH, FLA.
ADDmONNO. 3, aCCQrdingto the Plat thereof, as recorded in Plat Book 2, at Page 81, of
the Public R~rds of Dade County, Florida.
-
Lots 4; 5, 6, and the East 22 f~t of Lot 7, in Block 52. of OCEA.'i BEACH. FLA.
ADDmONNO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of
the Public Records of Dade County, Florida.
Lots 19,20 and the East one-half of Lot 25, and all of Lots 26, 27, and 23, in Block 51, of
OCEAN BEACH. FLA. ADDITIONNO. 3, according to the Plat thereof. as recorded in Plat
Book 2, at Page 81, of the Public Records of Dade County, Florida. Also, a 10.00 foot strip
of land shown on the referenced Plat as a 10.00 foot wall(; adjacent to and bounded on the
Nort.'1 by the Southerly line of above referenced Lots; bounded on the South by the Northerly
line of Bisca.yne $treet, said line being 10.00 feet Southedy of the Southerly lir:.e referenced
Lots; bounded on the West by the Westeriy line of ~t 19, extended Southerly; bounded on
the East by the Easterly line ofu,t 28 extended Southerly;
Lots 5, 6, 7, 11, 12 and the Easterly 26 feet of Lot 8, in Block 51, of OCEA.l'f BE-\CH., FLA
ADDmONNO. 3, a.ccordingto the Plat thereof, as recorded in Plat Book 2, at Page 81, of
the Public Records of Dade Omnty, Florida..
Lots 25,32, and 33, in Block 52, of OCEAN BEACH., FLA. ADDITION NO.3, according
to the Plat thereof. as recorded in Plat Book 2, at Page 81, of the Public Records of Dade
Coun~,Borida .
Lots 9,10, and 11, in Block 52, of OCEAN BEACH, FLA. ADDITION NO. 3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade
Coun~, Florida
BISCA YN'E COURT
A parcel of land lying and being in Section 3, TO\VIlShip 54 South, Range 42 East, Ci~ of
Miami Beach, Dade Coun~, Florida; and being more particularly described as follows:
F or a Point efBeg;nning commence at the northwest comer of Lot 19, Block 51 of OCEAN
BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book
2, at Page 81, of the Public Records of Dade Coun~, Florida; thence N 12046' or W, for
a distan~ of7.50 feet; thence N 770 13' ~ E, for a distance of 60.00 feet; thence N 12046'
or W, for a distanceof7.50 feet to a point on the Southwest comer of~t 12, Block 51 of
the aforementioned OCEAN BEACa FLA. ADDmONNO. 3; thence along the Southerly
lot line of said Lot 12, Block 51, N 770 13' 28- E, for a distance of 60.00 feet to a point on
the Southeast comer ofu,t 11, Block 51 of the aforementioned OCEA.N BE-\CH, FLA.
ADDInONNO. 3; thence leaving said Southerly lot line, S 12046' 09- E, for a distance of
7.50 feet; thence N 770 13' 2g- E, for a diS".a.nce of 63.18 feet; thence N 12046' 09- W, for
a distance of 7.50 feet to a point on the Southwest comer of Lot 8, Block 51 of the
aforementioned OCEANBEACH,FLA.ADDmONNO. 3; thence along said Southeriylot
line; N 770 13' 28- E. for a distan~ of 116.00 feet to the Southeast corner of Lot 5, Block
51 of the aforementioned OCEAN BEACH, FLA. ADDmON NO. 3; then~ leaving said
Southerly lot line; S 12046' 09- E, for a distance of 15.00 feet to a point on the Northeast
corner of Lot 28, Block51 of the aforementioned OCEAN BEACH, FLA. ADOmON NO.
3; thence along said Northerly lot line, S 770 13' 28- W, for a distance of 300.00 feet to the
Nor.-,hwest corner of Lot 19, Block 51 of the aforementioned OCEA.."I\J' BEACH. FlA.
ADDrnON NO.3, said point also being the Point of Beginning.
Containing 0.082 acres, more or less.
COM?vfERCE COURT
A parcel ofland lying and being in Section 3, Township 54 South, Range 42 East, City of
Miami Beac~ Dade County, Florida, and being more particularly described as follows:
F or a Point ofBevnnine COmmen~ at the Northwest corner of Let 25, Block 52 of OCEAN
BEACH, FLA. ADOmON NO.3, according to the plat thereof, as recorded in Plat Book
2., at Page 81, of the Public Records of Dade County, Florida; then~ N 12046' 09- W, for
a distan~ of 10.00 feet; thence N 770 13' 2S- E, for a distance of 30.00 feet; then~ N 120
46' ~ W, for a distance of 10.00 feet to a point on the Southwest comer of Let 11, Block
52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said
Southerly lot line N 770 13' 2S- E, for a distance of 90.00 feet to a point on the SotrJ1east
comer of Lot 9, Block 52 of the aforementioned OCEAN BEACH, FLA. ADOITION NO.
3; then~ leaving said Southerly lot line S 12046' 09- E, for a distance of 10.00 feet; thence
S 770 13' 28- W, for a distance of 90.00 feet; thence S 120 46' 09- E, for a distance of 10.00
feet to a point on the Northeast comer of Lot 25, Block 52 of the aforementioned OCEAN
BEACH, FLA. ADDmONNO. 3; thence along said Northerly lot line S 770 13' 28- W,for
a diS"'.an~ 000.00 feet to the Northwest corner of Let 25, Block 52 of the aforementioned
OCEAN BEACH, FLA. ADDmON NO.3; also being the Point OfBeg:i..nning.
Together With: .
Fora PomtofBeg;nningcommence at the Southeast comer of Let 4, Block 52 of OCEAN'
BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book
2, at Page 81, of the Public Records of Dade County, Florida; thence leaving said Southerly
lot line S 120 46' ~ E, for a distance of20.00 feet to a point on the Northeast comer of Lot
33, Block 52 of the aforementioned OCE.-'\J.'l' BEACH, FLA. ADDITION NO.3; thence
along said Northerly lot line S 770 13' 28- W, for a distance of 60.00 feet to a point on the
Northwest corner of u,t 32, Block 52 of the aforementioned OCEA.t"\[ BEACH, FLA.
ADDmON NO.3; thence leaving said Northerly lot line, N 12046' 09- W, for a distance
of 10.00 feet; thence S 770 13' 28- W, for a distance of 51.70 feet; thence N 12046' 09- W,
for a distan~ of 10.00 feet to a point on the Southerly lot line oflot 7, Block 52 of the
.
aforementioned OCE..Au'I BEACH. FLA. ADDI110NNO. 3; thenc.: along said Souto.~edy lot
line N 770 13' 28- E. for a dis....1l1~ of 111.60 f~t to a point on the Southeast corner of Lot
4, Block 52 of the aforementioned OCEAl'l BEACH, FLA. ADDITION NO.3, also being
the Point of Beginning.
Containing 0.067 acres, more or less.
W.A.SF-HNGTON AVENUE EXTENSION
A pa.rcel of land lying and being in Section 10, Tovmship 54 South. R.mge 42 East, Dade
County, Florida, and being more particularly described as follows:
F or a Point ofBezjnning commenc.: at the North line of said Section 10, also being the South
line of Biscayne Street, at its inte:-section with the West line of Washington Avenue
extended; then~ along the West line 0 f Washington A venue extended be:uing S 100 46' 3 1-
W, for a distan~ of 660.63 feet, more or less, to the Mean High Water (MH"W) line of the
Northerly shoreline of the "Government Cut" for the entran~channeIofthe Miami Harbour;
then~ S 65035' 15# ~ along said MHW line for a distan~ of26.30 feet; the:1ce leaving said
~ line, N 240 25' 50- E for a d.istance of 31532 feet; then~ N 10046' 31- E, for a
distance of 108.11 feet; then~ N 650 35' 12- W, for a distan~ of 62.02 feet; thence N 100
47' 35- E, for a dis"'..ance of246.97 feet to a point on the North line of Section 10, also being
the South line ofBiscayne Street; thence along said North line and South line S 870 38' 5T
W, for a distance of 40.87 feet to the Point of Beginning.
Containing 0.932 acr-...s, more or less.
EXHIBIT "0"
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PORTOFlNO DRl DEVELOPJfENT PROGRAM
!1.S..E A. '\!TI C IN. TF Q rvl-i. XTh-11 rrvf
R~identiaJ 1,400 units 2,500 units
Retail
258,000 S.F.
Office
120,000 S.F.
400,000 S.F.
250,000 S.F.
Live Theater
800 seats
800 seats
700 rooms
Water Tower
Triangle
SSDI South
End Parcels
End Parcels
\~..
End Parcels
Hinson
- . -
Existing
Miami Beach
Marina DR!
Federal
Triangle
Legend
Alaska Parcel
Portofino Alternative DR!
IlJI
o 250 500FT
Source: Dames & MO(Jre
DaLe:hly /5. /997
Traffic: Kimley-Hom / Engineering: Dames & Moore / Planning: Sasaki Associates / Legal: Greenberg Traurig
rn
PORTOFINO ALTERNATIVE DR!
--
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Exhibit "F"
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TEe Service Provider Agencies (Program Year 7996-7997)
8. Cuban AmeriCUlI~ona[
Council
30a S'vV 12th Ave., ~324-8
- a - I Miami, A. 33130
.:l. usiness t:c., lie.
t0550 l.....'\V 77ri1 Q., '13 TO Ph: OaS) 642'~i
Hiale2i1 Gard~s, F\. 33016 Feu:: (305) 6-;~S50
P'ft: (05) 267~7a7 . __ .........[?"'OgTCZm.s: I~.. IJ-C. fll, ~""~J
Fax: (05) 5~...... SSi-~ 7 CA.lso rC<::l1l:!i:)
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Progr.!.Jr.s: fl-A. rrr. R.e!T.1t"'e~ Ph: OOSl 64::-J4a.,1
1. ^ 1,\ :.1'lploymem of Miami
3050 BiSClyne Blvd., ~iOO
Miami, PI.. 33137
Ph: (305) 57J..oJ3.33
F:c::' (3nS) 57)...)25 j
r P.~.s: r1-A., fH:. 1/1, Rduge-es- J
2- Abilities of Florida., lnc.
6Oa.2 S\v 57th Avenue
Miami, FL 33143
Ph: (05) 069-6981
F4::: (30S) 66~9
[ . Programs: lfA (dis2bfec) ]
3. Adult j~kind Organization
300 east 1st AVe:'1ue, #127
HiaIE2h, Fl 33010
Ph: (305) 885-0796
Fa=: O(5) 835-2141 .
[~: fl-A.. fK lllkn.:geesJ
4. Bea<:on Career Insti:ute
2900 NW T83rd S~
Mi.1mi, R.. 33056
Ph: ~ &2004037
Fax: C30S) &20-3&79
Programs: 1M
L
]
6. Catiiciic Cor.1muniey 5'iC:.
rR.ese!::1e.r.ent .~ g::-u-J
60 Eas: 3rd Sc:-ee!. #206
Hi;aiean, F:. 33C10
~: (305) 833-4555
Fa:: GaS) 8.3J...4498
[ p,~s: IL-i:~
7. G"Tristi.an C.o..:-tmunity $e-Jie;:
A8~1 (CCSAj
3399 NW iti: S~t,. 1200
MiamI, FL 33126
Ph: 005) 541.0531
Fu: COS) 541-Sm
~s: 11-;\ 1J..C f1f, ~f'~ 1
CJJso 10Cl~:)
· 240 E. 1st^~.tJe. ~2D3
HQ~ Fl 3~10
~: 005) 888-5291
· 1 J 98 SW 1 $X' Sil"aeC
~-n.l,. F!.. 3J US
Ph: COSl 649-OOa2
· 225 N'N nft S~ 1203
Miami, R. 33137
?h: 00.5) S7~
.
311 NE&f1 S~ :104
~ Fl J3030
PI'!; aQ~ 2-43-33~S
.
2~ ~ 1.>t ....~t.:., 1~1
H~. FL 33<llQ
?~ GC!) !M.7'9:0
.
8353 'SoN t24.t:h S~_ #201
.~j.?, 3315"~
~ 00Si llJ-1 t ~
J
9. Dade c.."'Cnty P.~[ic Sc:-..ools
(T:-cy Community Aa.demyJ
3300 NW 27ti1 A~ue
Miami. Ft -33141
[ ~s: ll-C J
Ph: C3OS) ~S4
Fa:=: ~ 63~2
1 O. Eas<er Seal SoOe!V ai
Dade Uxlnty'
1475 NW ! 4th A~tJe
Miami. Fl '33125
P~.s: fM (o.!sabfea),
ll-C (disab/edJ
Ph: OOS) ~70
Fa::: C3lh} 325-0573
11. Epilepsy FCl.:n~Ct1 of
South Rcrida. (nc.
7300 N. K.enQ]r Dr., St!!.. 7CO
Miami, Fl 3.3156 .
Ph: ~ 070-;949
F;c: ~) 67'0-0904 '
[ P.~: Re.~ J
12. :=bida Keys :''':''!pioyr;:en( &:
Trair.ing C~c:if
ai2So[,,~S~
Key West. FL 33040
Ph: 1-305-292-6762
Fax: 1.~5-292~1
L ,o;cg.'3.r.7S:. If-A. 1I-C., ll!
-.
27. Mtuni, Cty or
<Ne12f'J:crnccd]ci:.s ?rogr;m)
ice Slsayr.a Blvd. w~
SI:e.. 325
Miami, FL 33 r 31
Ph: oaS) 579-24&1
Fu: COS) 579-2431
[P:-cV"~.s: 1M 11< !IJ,R.ef..:~ I
27. New Direc:icns ::n~lc,:,-
tnent &: T rair:in6' ~c
5555 3iSCly':"le 3r..1i.
Miami, R. 33137
~ 005) 7S9-a50C)
n:: OOS) is 7-2$..40
P:og:;ur.s: EM (dQbiecJ.
II-': (disahled), 1If, Refu~
28. Nenh Dade Otambe oi
Commerc::
18350 NW 2rld Avenue
Miami, F1. 33 T 69
Ph: (30S) 690-9125
Fax: OOS) 690-9124
~: EJ-ri... l:-C III J
29. Op~odca. C'ty ai .
(y cuth Development Projecj
777 S'naJdZ.1d SE'wd.
~od<a. Fl 33034
Pn: (305) 953-2871
Fax: (65) 953-1373
1 ~ r/-C J
30, Oppcr.:unjdes Cndus:ri4H-
zaricn' Center ci Dade Coc.=it'(
(010
5022 NW ~ Aveit.:e
MLa.T:i, Pl.. 33127
Ph: (05) 73a-~S23
~ cros; 753-9132
L ?:ug:;d.Jr.S: If-A flI, R.efu~ J
31. Pj~e T ouzaint en..,oiic
C!r:t:a--, I r.c.
1 ! 0 NE 62.,Q SC:-~
Miami, FL 33i38
P:-o: (05) 75~24.02
F~ COS} 753-3216
P,'0g:'3l7:S: I!l, R.=f-..:~
32. ~;'C1mcnd-Perrine
O;:rimis:: Gt.;o
9S55 Wes4lndigo SC--~
Miami, F:.. 33157
Ph: (05) 2J~325
fu:: C3OS) 23::.i01S
P.-ogT4r.".S': IHJ.. {ff
33. Riverside Ho~
73 S\V 0''"' Scree. Ste.. 3 T 0
Miami, FL 33130
Ph: 00.5) 331-8638
Fa;:; (305) 374-4375
[ P,...cgr.J7:S: .Ze.~g-~ ]
34. 5AaE~, [roc.
3990 W. FiagJer Strast
Miami, Ft. 33134-
Ph: (05) 443-76a1
F:rc (115) 443-8441
[Progr.uns: 1M If-:. fIl, i<e~...s I
33. SE~-jcbs Fc~ Pr-~
42 NW 2t=' Ave., SO!. 42 i
Mia....ni, FL 33125
p~ (30.5) 549-7500
Fa:::: OOS) 04+2100
L ?ro~J: II-A. fJ-C. m.R.er-..:ge-e:;
(,Ioj$.O lcoted:J
· (Hcr:-~ 1cCs & k.erit:;J
3<5j ,'Ii. K.1::.-.:.e ,4.~ue
:-'..cr.-~,.:I.. 33C3a
Ph: GCSj 1J,i-i4.i5i :';7-5463
35. Sm.oll SlJsiness OPf=CrttJnity
ee,~, I~ CSoaq
1417 W. F..agle:- Sc:., 3"'f FiC(:r
Mi<ir.1i, R. 33 T35
~ (05) 043-1333
Fa::: 0051541.2131
L P;cg."":i./7's: 1/1. ~iu~ ]
.; c. ScC~( fur I-:aician
A,,:';anca":ie!1t. R....~gniticn and
E::: l.'Cticn cs;-: ^~
;CCO 8iSQyT1e Blvd., SO!.. , 02
Mio,;-r.i, FL 33 i V
Ph: ~ S71-9173
Fa:::: (05) S7S-'J803
[ P.-cg;-~.s: 1M RC..Jgees ]
3 7. ~ina1 Cerci L'ving-
,.....;sista.'1~ Develcp~ Inc.
(SQAD)
240 1:. F:~ Ave., s:e. 122
Hiale:1i-:, R. 33010
p~ 00.5) S37-3a33
Fa:c G~}5)=~7606
L PrOgia/rlS; If--A, 1J-C
3 a. T rar.sit:: Cf!, me.
390 ~w 2nd SO"'e2t
M~;ni, FL 33128
Ph: (05) 374-1987
Fax: 005) 539-9141
r Prog!ams: IK kfugees f
39. Vanki:i ieC1nk:all~.stitute
'13331 Al~ndria. C~
C~oc:Xa, F... 33C54
Ph: ~ 001-.5 121
~ (3.05) Ga.5-i531
r F:c~":'tS: E1-A.
T 3. Ficr.'da National Colr~
42C6 W. l1ti1'A~lue
Hi~e.a}" Fl 33012
Ph: (305) 821-3333
f.u; GQ5) 362~S95
l P."'O~s: /l-r'",. 1lI ]
C-Vso lcoC!dj
tI373W.?~s~
Mi.ami, FL 3J17~
Ph: C;CSJ 2:5-9999
· 6c34O 'Sill 4Cm Saeec
Mi=ti., Fl. 33155
~ C3Q51 &i.3-Q.J64
T 4. Haitian American
Ccrnmunity ~atiC('! cf
Dade Ccunty (F-J.....O'O,
8037 NE 2.,d Avenr.:e
Miami, Ft 33 T 38
Ph: (05) 731~29
Fa:c ~.!) 151-QS23
[P:-cg!'3J'ns: lf~.. Il-C, R..~ugees 1
i 5. Haitian Americ::a.r:
Foundaticn, Ir.c. (H.J..Ft)
8340 NE 2.-:d Avenue
Micmi, FL 33138
Ph: (3aS) 753-3338
Fax: (305) 753-3238 .
[ Programs: Refusees ]
16. Hialea.~f Gty or
(!-fA YES ?rogramJ
240 East 1st Avenue. #2OS
P.O. Sox 1 TC~
Hialeah, Fl 33010
Ph: C3OS) 833-0925
Fu:: (305) 8~9' 0
[~":'lS:: II-A. IK lI/, Rekgees 1
1 7. H fspanic Cc.;J fOCl'1
5059 W. Flagler S~
M.iami, Fl. 33134
Ph: eMS) 2S2~6a
flu: OOS) 262-4513
[ p~: m, R.efu{jeeS I
1 a. James E. Sctt Ccmmunicy
As:scc. aE..~ .
24CO NW 54th S~
,'Yljami, FL 33 i 42
p~; ~SJ 633--.:070
Fa.::: ('305/ 638-4&;2
I P."'Og;-;J.ms: II-A. II-C III 1
19. ]€'Nish Vc:c:u:cr~! ~ic;
735 NE 125m St, 3rci Flec;
Nerti1 NUami, Fl. 3316 i
Ph; 0(5) a~~
Fa:::: (305) a 9$..'3 7"...8
Prcgr.uns: l/-A (azs:a.blec),
/J..C (ac;;ah/ecJ, Refr..!gees
10. Job ~t
6301 Bi.scayne Blvd_, #202
Miami', Ft. 33133
Ph: Oll.5) 756-5627
Fa:c ('3051 73"2-Q2
[ rngr.Jr'.s: R..eiu~ ]
20. Jobs Fer IWami
7900 NE 2nd Ave., 6ch Ficcr
Miami, FL 33138
Ph: (05) 739-0511
Fax: (30.5) 759.7539
L P;-Ogl'a."'l'lS: f1-A, IJ..C, 111 J
Wso {0CZtl:d:J
· Valentino V4i~ M.:z11
8-498 SIN &.., ~ Sa:.. l2.s
~. F!. 33H4
Ph: C3CSJ 26S-aS'i S
· Hble.m ~.Jm Cower
GO E. 3.-'d ~ Ste.. 211
H"caIean. R. 3.3010
Pft: C3QS) a63-Z!S r
21. Key PowerT~nical
IC".stin.:re, Inc.
613 N'N 7t~ 5~
Miami, FL 33136
Ph: (05) 371-5555
Fa::; croS) 371-7S72
[ P:OV"aJrs: II-A. iff 1
22. utin o,4m~ of Commer~
(CA,;\{ACC{J
i .L 1 7 W. Fiqi e: Scree!:
Miami,R 33135
p~ 005) 042-3870
fu;c aIlS) ~~~3
[ P.-cg!4r.'S: II-,J.. Re.;....:~ J
23. L:de H4'I4r..a Ac.Vices &:
Nutrition C~
7CO SW 8t.'; S~t
,\A.iami, FI.. 33130
Ph: (30.5) &54-9257
Fa;c C3OS) SS4-0243
[ Pro~: If....A, RerT.:~ J
24_ ~e;4l1 Ministrfes cr
F! on Ca
9-499 w. F~er SO"eet
Miami, Fl 33174
Pf1: 005) 559-1177
Fu: C3nS) 559-9509
[ P:'Og/an".s: Refugees ]
25. ~ Community
^ciOf'lAgenq
395 N'W First: 51;. Ste. 201
Miami. R 33123
Ph: (305) 347~
Fax: (305) 3n~745
[ no~ 1/-10.. Refugees I
25. Mee-c-oade ~r. of
HUl'T'.art Se:vices
(T~~ Serr.~ P:-ogram;
1401 Sw First St, St:e.. 101
^,uami, R 33735
Ph: ~5) 54~63
Fa::: (305) ~~55
r P''''Og!'am:;: rf-A, R...."""..1gees
--
40. Young Women's Otristian
Assoc. O'WDJ
351 NW 5" Street
MiamC, FL 33128
Ph: C3GS) 377-9922
Feu:: (305) 530-&271 or
373-9922
L Programs: II-A J
41. Youth Co-O,::l. Inc.
801 NW37" Ave., #212
Miami, Fl 33125
PfI: C30S) 643-6730
Fa%: C30S} 643-1908
L Procrams: 1M If-C. l11,kfugees J
Wso~1
· iWurcl....tat,;
9'16 SW 24- St.o Ste.. 6
MQml,F1. 33165 .
Ph: (3aS) 207-2-'99
· hTind:
11326 S. Dixie Hwy.
MI.aml, Fl 3J 1 57
Ph: 00512S~3t88
. ~
18ClO W. ,,9* St. Ste. 100
Hial4Ih. R.. 33OT2
"'= aasJ 822-17''1
· <<:Jps.J~: Re'il1IeS only
<490 Opa r Q d... BM:t.
~ FL 330Sc
Ph: C3OS) 687-2886
-=.
Land Use
High Rise Condo
Retail
Office
Live Thea.ter
Hotel
Exhibit "G"
P.M. PEA!< HOUR TRIP GEl'i"ERAnON
ITE Code
232
820
710
441
310
Tri~ Generation FQrlnula
T = 0.338(X) + 19.962
LN(1} -= 0.637L'1(X) +3..553
LN(T):o O.737LN(X) +1.831
T -= O.Q2-(number of seats)
LN(1} · 0.9S7L'1(munber of rooms) _ 0.070
Note: a 10l; imemaI cop.... shouU be applied for the lotaI P.M. peak hour trips -d a.sing
the Eom.aIu above. In addition, a poss-by copture of 15l; should be applied for retail trips.
SOURCE: ADA
Exhibit "H"
\
I
PORTOFlNC
~
- .-:<'
~
~
:I
~ !
i
-=- .-xT
LEGEND
-+- DRI~WA Y ACCESS
OJ
Not To Scale
PORTOFINO OF(i
~
.~~
PORTOFINO DRI
Driveway Access
Loca lions
Figure 21.G-l
"002.6Ct\i"'1lfT'G-':Z '-'j-~l
8-J3-97
Traffic: Kiml~f-Hor.J/ Zncineerinc: DlImes ~ Jloo~/ PI.nnine: S4SlIki A.s:!oci.~/ Lets..!: Creen~rr 1'Nurir
EXHIBIT I
to
Alternative Portofino DRI Development Order
Preoared By:
rFIRSll DECLARATION OF AllOCATION OF DEVELOPMENT LIMITATIONS
This [First] Declaration of Allocation of Development Limitations ("Declaration") is made as of this
day of
, 1998 by
, a Fbrida
("Ow") having a mailing address of
, in favor of
mailing address of
("Permitee"rGrantee") having a
. 1l-eBrT's
Owner and Permitee/Grantee as used herein shall in every instance include the assigns and successors-in-
interest and title of each of the parties hereto.
WLLtL~~~~Lt1
WHEREAS, Owner intends to obtain a development permit for and/or to convey, transfer and set over
unto PermiteelGrantee that certain parcel of unimproved real property, more particularly described below,
lying and situated in Dade County, Florida, to wit
(LEGAL DESCRIPTION)
(hereinafter called "the Subject Property"); and
WHEREAS, the Subject Property comprises a portion of tracts or parcels of land approved for
development as a Development of Regional Impact (the "DRf Tracts") pursuant to that certain Alternative
Portofino DRf Development Order, Ordinance No.
adopted by tl1e City of Miami Beach, Florida
(the "City") on
, 1998 (the "Development Order"); and
WHEREAS, the Owner is obligated pursuant to the Development Order to provide the City with a
recordable allocation agreement that would allocate new net extemal P.M. peak hour trips and the maximum
development program limitations under the Development Order to parcels within the DRl Tracts at such time
as any of said parcels is submitted for a building permit and/or is transferred to and held by a separate owner
in order to document the allocated and remaining development potential under the Development Order; and
WHEREAS, Owner and Permitee/Grantee have agreed upon an allocation of new net external P.M.
peak hour trips and the maximum development program limitations under the Development Order with respect
to the Subject Property and the remaining DR' Tracts.
NOW THEREFORE, the Owner hereby makes the following declaration of allocation of new net
external P.M. peak hour trips and the maximum development program limitations pursuant to the Development
Order:
1. Allocation: The Subject Property is hereby allocated, pursuant to the Development Order,
the following development limitations:
(a)
(b)
a total of
new net external P.M. peak hour trips
a total of
square feet of Commercial,
square feet of
Office,
High Rise Condominium Units (Residential),
Hotel
Rooms and
Attraction (Live Theater) Seats.
2. Remainino Unallocated Net Extemal Tries And Maximum Develoement Prooram Limitations.>
Owner hereby declares and confirms that as a result of the allocation set forth in Paragraph 1 herein above
and after taking into account all previous allocations of development limitations to specific parcels among the
DRI Tracts, as setforth in the [First, Second, etc.] Declarations Of Allocation of Development Limitations, there
remain a total cumulative unallocated new net external P.M. peak hour trips and maximum development
program limitations pursuant to the Development Order applicable to the remaining DRI Tracts belonging to
Owner, as follows:
(1)
The remaining total of new net external P.M. Peak Hour Trips:
"ArTOlUVLftl.T'l')IN<)IIDI\IJ, <OlD
"-- u, ....f.."....1 .
2
The remaining Maximum Development Program Limitations:
(a) Maximum High Rise Condominium Units
(b) Maximum Hotel Rooms
(c) Maximum square feet Commercial
(d) Maximum square feet of Office
(e) Maximum Attraction (Live Theater) Seats
3. Acceotance of Allocation Bv Permitee/Grantee By its joinder in this Declaration,
Permitee/Grantee acknowledges and agrees to the foregoing allocations with respect to the Subject Property.
Owner and Permitee/Grantee agree not to exceed the allocations of new net external P.M. peak hour trips
and maximum development program limitations for their respective properties as setforth in this Declaration.
4. Recordation' Aoolication: Term: This Declaration, and any amendments, modifications, and
releases regarding same, shall be recorded in the Public Records of Dade County, Florida, at the cost of the
Owner and shall be binding upon the Owner and its successors and assigns (including the Permitee/Grantee).
This allocation of development limitations shall remain in effect from the date of recordation until January 31,
2012.
5. No Cloud on Title: This Declaration shall not be construed as a cloud on title to any of the
DRI Tracts. The sole intent of this Declaration is to allocate pursuant to the Development Order development
limitations to parcels comprising the DRI Tracts in connection with the issuance of development permits for
said parcels and/or with the conveyance of said parcels by the Owner and its successors and assigns.
6. Amendment Modification: Release: This Declaration may be modified, amended or released
as to the Subject Property, or any portion thereof, by written instrument executed by the then owner of the fee
simple title to the Subject Property and the Owner, provided that such modification, amendment or release
has been approved by the Planning and Zoning Director of the City of Miami Beach, Florida or his/her
successor, as being in accordance with the Development Order. If so approved, the Director shall execute
the above referenced written instrument in recordable form effectuating and acknowledging such modification,
amendment or release.
,." T"'!"OU.Vl.I'OITf)f'l'oN)llJ>>a" <0110
'4_ :J. I""IIH_, ~
3
IN WITNESS WHEREOF, this Declaration has been executed in a manner required by law as of the
day and year first above written.
Signed, Sealed and Delivered
OWNER
In the Presence of:
By:
PRINT NAME OF WITNESS BELOW:
Name:
Title:
PRINT NAME OF WITNESS BELOW:
STATE OF FLORIDA )
) 55:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by I as the general partner of ,LTD., a Florida
limited partnership. on behalf of the said partnership. He/she is personally known to me or has produced
(type of identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Name_
Print
No.:_
Commission
[NOTARIAL SEAL]
'~4~vt.IJIIDI~lU' <.OAO
...... u. ''''(1:''.., .
4
The undersigned Permitee/Grantee hereby joins in and accepts the foregoing allocation as of the _ day
of . 199_.
PERMITEElGRANTEE
STATE OF FlORIDA
)
) ss:
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of I 1998
by , as the general partner of ,LTD., a Florida
limited partnership, on behalf of the said partnership. He/she is personally known to me or has produced
(type of identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Print
Name_
Commission
No.:_
[NOTARIAL SEAL]
, '"f"T'OoUVI. t'fl.~I.DI"" _ <C.~
'4_:'.1""111_.
5
The undersigned Planning and Zoning Director of the City of Miami Beach, Florida hereby approve the
foregoing allocation as of the day of , 1998.
PLANNING AND ZONING
DIRECTOR CITY OF
MIAMI BEACH, FLORIDA
BY:
Dean Grandin, Jr., Director
STATE OF FLORIDA )
) 55:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by Dean Grandin, Jr., as Planning and Zoning Director of the City of Miami Beach, Florida, on behalf of the
said Department He/she is personally known to me or has produced (type of
identification) as identification.
My Commission Expires:
NOTARY PUBLIC
Print
Name_
No.:_
Commission
(NOTARIAL SEAL
"A.n'OflU,VL.1IfH1"l'>fnrrN.lltwlU' <'_0.0
..... U l""l,.tt"l .
6