Development Agreement with 500 Alton Road Ventures, LLC 2 t - .3 cx (( 7 1111111 Hill 1111111111 1111 1111111111111111E
CFN 2019R0089311
OR BK, 31323 Pss 2781-3009 (229Pss)
Prepared by and Return to: RECORDED 02/12/2019 11=05°38
HARVEY RUV'IHp CLERK OF COURT
Holland & Knight LLP MIAMI--DADE COUNTY? FLORIDA
Attn: Joseph G. Goldstein
701 Brickell Avenue
Miami, Florida 33131
(Space, Reserved for Clerk)
DEVELOPMENT AGREEMENT
zayLTHIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the
(17. -day of January, 2019, by and among the CITY OF MIAMI BEACH, a Florida municipal
corporation (the "City"), and jointly and severally, 500 ALTON ROAD VENTURES, LLC, a
Delaware limited liability company, 1220 SIXTH, LLC, a Delaware limited liability company,
SOUTH BEACH HEIGHTS I, LLC, a Delaware limited liability company, and KGM EQUITIES, LLC, a
Delaware limited liability company (collectively,the "Developer").
Introduction
A. The property that is the subject of this Agreement lies in Miami Beach, Miami-
Dade County, Florida. This Agreement, among other things, is intended to and shall constitute
a development agreement between the parties pursuant to Sections 163.3220-163.3243,
Florida Statutes, and Section 118-4 of the City's Code.
B. The Developer owns or has a legal or equitable interest in the property located
at the 500-700 blocks of Alton Road, Miami Beach, Florida, more specifically described in
Exhibit "A" attached hereto and incorporated herein by this reference (the "Developer
Property").
C. The City owns or has a legal or equitable interest in the property more
specifically described in Exhibit "B" attached hereto and incorporated herein by this reference
(the "City Parcel"), which is currently improved with 6th Street, lying between Alton Road and
West Avenue, Miami Beach, Florida.
D. The Developer wishes to obtain ownership of the City Parcel to provide a unified
development site with respect to the Developer Property. The Developer Property and the City
Parcel combined constitute the "Property" and is more specifically described in Exhibit "C"
attached hereto and incorporated herein by this reference.
E. The Developer intends to (1) convey that portion of the Property consisting of
3.0 acres and more specifically described in Exhibit "D" attached hereto and incorporated
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herein by this reference (the "Park Site") to the City and thereafter improve the same, at the
Developer's sole cost and expense, with the "Park Project" based upon the "Park Concept Plan"
(as those terms are more specifically defined below), and (2) redevelop the remainder of the
Property (inclusive of the City Parcel), mote specifically described in Exhibit"E" attached hereto
and incorporated herein by this reference (the "Development Site"), with the "Project" (as
more specifically defined below).
F. The City is willing; to vacate and convey the City Parcel to the Developer
simultaneously with the Developer conveying the Park.Site to the City, subject to (1) the
Developer granting to the City a' perpetual, non-revocable roadway easement over the City
Parcel (to include public utilities, vehicular and pedestrian uses) to provide a through street on
6th Street as a connector between West Avenue and Alton Road (the "6th Street Easement"),
and (2) the Developer's compliance with the terms and provisions contained in this Agreement,
the "Purchase and Sale Agreement", and the "Vacation Resolution" (as those terms are more
specifically defined below).
G. The City wishes that the Developer, and the Developer is willing to, construct the
"Baywalk Improvements" (as more specifically defined below) with respect to three (3)
segments of the City's Baywalk (i.e., the Mirador 1 Baywalk, the Mirador 2 Baywalk and the
Mondrian Baywalk, as further described in Exhibits "G," "H", and "I", respectively) adjoining the
intracoastal waterway, subject to and in accordance with the terms and provisions contained in
this Agreement.
H. Concurrently with this Agreement, the City has approved the vacation of the City
Parcel pursuant to the Vacation Resolution, subject to and conditioned upon the terms and
conditions contained in such \acation Resolution, including, without limitation, (1) the
Developer granting the 6th Street Easement to the City, (2) the Developer conveying the Park
Site to the City, (3) the Developer's commitment to construct the Park Project on the Park Site
based upon the Park Concept Plan at the Developer's sole cost and expense, (4)the Developer's
commitment to complete the Baywalk Improvements with respect to three (3) segments of the
City's Baywalk (i.e., the Mirador 1 Baywalk, the Mirador 2 Baywalk and the Mondrian Baywalk)
adjoining the intracoastal waterway, and (5) the Developer's commitment to grant a perpetual,
non-revocable roadway easement in favor of the City against the property more specifically
described in Exhibit "F" attached hereto and incorporated herein by this reference (the "5th
Street Easement") to provide an additional ten (10) foot wide lane on 5th Street onto Interstate
395 for public vehicular and pedestrian uses.
I. The City is a Florida municipal corporation with powers and authority conferred
under the Florida Constitution, the Municipal Home Rule Powers Act, Florida Statutes, the
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Miami Beach City Charter and the Miami Beach City Code of Ordinances. Theo City has all
governmental, corporate and proprietary powers to enable it to conduct municipal
government, perform municipal and governmental functions, and render municipal services,
including the authority to adopt, implement and enforce (together with any other required
governmental approvals) comprehensive plans, zoning ordinances, redevelopment plans, and
other police power and legislative measures necessary to assure the health, safety and general
welfare of the City and its inhabitants.
J. Having fully considered this Agreement at two (2) duly noticed public hearings in
compliance with Section 163.3225'of the "Act" (as more specifically defined below); and, having
determined that the Project, the ;Park Project and this Agreement are in compliance with the
City's Comprehensive Plan and Land Development Regulations (as may be amended by the
"Land Development Regulation Amendments" (as more specifically defined below)) as of the
Effective Date; and, having further determined that it is in the City's best interest to address the
issues covered by this Agreement in a comprehensive manner; the City has agreed to enter into
this Agreement with the Developer.
K. The City has determined that the Project, the Park Project, the Baywalk
Improvements, the 6th Street Easement, and the 5th Street Easement will benefit the City and
the public (including without limitation, that the Project and Park Project will improve the
southern entrance to the City), and that the Park Project will provide a significant public
amenity and increase recreational open space in the southern portion of the City, and that the
5th Street Easement will improve traffic conditions in the southern portion of the City.
L. All capitalized terms used in this Introduction are defined in Paragraph 3 of or
elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1 Recitations. The foregoing recitations are true and correct and are incorporated
herein by this reference.
2 Authority. This Agreement is entered into pursuant to the authority and
procedures provided by the Act and Section 118-4 of the City's Code.
3 Definitions. All capitalized terms used in this Agreement shall have the
definitions set forth in this Paragraph 3 unless such terms are defined elsewhere in the body of
this Agreement.
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3.1 "Act" shall mean the Florida Local Government Development Agreement
Act(Sections 163.3220- 163.3243; Florida Statutes (2014)).
3.2 "Baywalk Improvements" shall mean the specific improvements to
portions of the City's Baywalk along the intracoastal waterway as described in the
Comprehensive Plan, which improvements are more specifically referred to and described as
either the Mirador 1 Baywalk (in Exhibit "G" attached hereto and incorporated herein by this
reference), the Mirador 2 Baywalk (in Exhibit "H" attached hereto and incorporated herein by
this reference), or the Mondrian Baywalk (in Exhibit "I" attached hereto and incorporated
herein by this reference).
3.3 "Building Permit" shall mean any permit issued by the City of Miami
Beach Building Department or Building Official, including any foundation, building or phase
permits.
3.4 "Business Day" shall mean any day other than a Saturday, Sunday, any
federal or state holiday and the following Jewish holidays: Passover (the first two (2) days and
last two (2) days only), Shavuot (two (2) days), Rosh Hashanah (two (2) days), Yom Kippur (one
(1) day), and Sukkot (the first two (2) days and last two (2) days only). If any time period expires
on a day which is not a Business Day or any event or condition is required by the terms and
provisions of this Agreement to occur or be fulfilled on a day which is not a Business Day, such
period shall expire or such event or condition shall occur or be fulfilled, as the case may be, on
the next succeeding Business Day.
3.5 "City" shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139. In all respects hereunder, the City's obligations and performance is pursuant to the
City's position as the owner of the City Parcel acting in its proprietary capacity. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any laws, rules, regulations, ordinances, and plans (including
through the exercise of the City's building, fire, code enforcement, police department or
otherwise), shall be deemed to have occurred pursuant to the City's regulatory authority as a
governmental body and shall not be attributable in any manner to the City as a party to this
Agreement or in any way deemed in conflict with, or a default under, the City's obligations
hereunder.
3.6 "City Parcel" shall mean the property more specifically described in
Exhibit"B" attached hereto and incorporated herein by this reference.
3.7 "Closing" shall mean the formal exchange of documents between the
parties, as further described in Paragraph 9 of this Agreement. The Closing shall occur on a
date set by the Developer, not later than four (4) years following the Effective Date, on not less
than ten (10) Business Days prior written notice to the City, provided the Developer has
satisfied: (a) the "Hazardous Substance Environmental Contingency" (as more specifically
defined below) as to the entire Park Site; and (b) subparagraphs 17(a) and (c) of this Agreement
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with respect to "Phase 1" of the Park Project (as more specifically defined below). If the
Developer fails to schedule the Closing within four (4) years following the Effective Date, then
the Developer shall be in default of this Agreement, unless the Closing is extended in writing by
mutual agreement of the Developer and the City, with such extension being subject to the prior
approval of the City Commission.
3.8 "Comprehensive Plan" shall mean the comprehensive plan which the City
has adopted and implemented for the redevelopment and continuing development of the City
pursuant to Chapter 163 Part II, of the Florida Statutes.
3.9 "Covenant in Lieu of Unity of Title" shall mean the covenant in lieu of
unity of title covering the Property substantially in the form of Exhibit "J" attached hereto and
incorporated herein by this reference.
3.10 "Developer" shall mean the persons or entities named in the preamble to
this Agreement, and any permitted successors, assigns, or heirs thereof; provided, however, the
term "Developer" shall not mean the City.
3.11 "Development Order" shall mean any order granting, denying, or
granting with conditions, an application for a Development Permit.
3.12 "Development Site" shall mean the property more specifically described
in Exhibit"E" attached hereto and incorporated herein by this reference.
3.13 "Development Permit" shall have the meaning set forth in Section
163.3221(5), Florida Statutes (2017).
3.14 "Effective Date" shall mean the date on which the City records a fully
executed original of this Agreement in the Public Records of Miami-Dade County, as provided in
Section 163.3239, Florida Statutes(2017), and subparagraph 26(a) of this Agreement.
3.15 "Environmental Contingency" shall mean the remediation of the Park
Site, as further described in subparagraphs 6(c)(i)through (iv) of this Agreement.
3.16 "Execution Date" shall mean the date on which the last of the required
parties executes this Agreement.
3.17 • "Hold Harmless Agreement" shall mean the Hold Harmless Agreement
substantially in the form of Exhibit "K" attached hereto and incorporated herein by this
reference.
3.18 "Land Development Regulations" shall have the meaning set forth in
Section 163.3221(8), Florida Statutes (2017) and shall also include, without limitation, the
definition of"land development regulations" in Section 114-1 of the City's Code.
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3.19 "Land Development Regulation Amendments" shall mean an
amendment to the Comprehensive Plan and to the Land Development Regulations to, among
other things: (a) amend the Comprehensive Plan to change the designation of those portions of
the Property designated CPS-2 and RM-2 to the designation CD-2; (b) rezone those portions of
the Property zoned CPS-2 and RM-2 to the zoning district CD-2; and (c) amend the text of the
Land Development Regulations to authorize up to 519 feet in height (as measured from Base
Flood Elevation +5 to the main roof line) within the CD-2 zoning district.
3.20 "Laws" shall mean all laws, rules, regulations, ordinances, plans,
resolutions, comprehensive plans and land development regulations, specifically including the
City's Comprehensive Plan and the City's Land Development Regulations.
3.21 "Park Concept Plan" shall mean the plans, designs and drawings
illustrating the proposed concept for the world-class public municipal park to be developed on
the Park Site, approved by the City Commission, which approved plans are attached in Exhibit
"L" hereto and incorporated herein by this reference.
3.22 "Park Project" shall mean the improvements to be made to the Park Site,
as further described in subparagraph 7(d) of this Agreement.
3.23 "Park Site" shall mean the property more specifically described in Exhibit
"D" attached hereto and incorporated herein by this reference.
3.24 "Park Site Owner shall mean, collectively, South Beach Heights I, LLC,
a Delaware limited liability company, and KGM Equities, LLC, a Delaware limited liability
company, and any permitted successors, assigns, or heirs thereof.
3.25 "Project" shall mean the development of the Development Site
consistent with the zoning regulations of the City's Land Development Regulations (as may be
amended by the Land Development Regulation Amendments) and the following provisions:
(a) The maximum total floor area permitted upon the Property shall
not exceed that provided by the City's Land Development Regulations for the purposes of
determining population densities! and building intensities as required by the Act; provided,
however, if the entire Property is rezoned to CD-2, then the maximum floor area to be
developed on the Development Site shall not exceed 571,000 square feet of floor area, as
determined by the City's Land Development Regulations (as may be amended by the Land
Development Regulation Amendments), which floor area shall exclude non-floor area ratio
areas as set forth in such Land Development Regulations (as may be amended by the Land
Development Regulation Amendments), such as the floor area exclusion for projecting
balconies free of structural columns and/or walls and open on at least two sides.
(b) The 11(i) height of any multi-family residential tower on the
Development Site shall not exceed 519 feet in height (as measured from Base Flood Elevation
+5 to the main roof line) with any architectural projections thereof complying with the terms of
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the Land Development Regulations (as may be amended by the Land Development Regulation
Amendments), and (ii) floor plate of any residential floor within any multi-family residential
tower on the Development Site shall not exceed 13,800 square feet of floor area, which floor
area shall exclude non-floor area ratio areas as set forth in such Land Development Regulations
(as may be amended by the Land Development Regulation Amendments), such as the floor area
exclusion for projecting balconies free of structural columns and/or walls and open on at least
two sides ratio areas.
(c) The uses permitted on the Development Site shall have a
maximum of: (i) 410 residential 'units (including multi-family residential units, single-family
detached units, townhomes, condominiums, and apartments), with up to a total of nine (9) or
three percent (3%) of such residential units, whichever is less, consisting of "Amenity Guest
Apartment Units" available for use (on a daily, weekly or monthly basis) only by the owners,
tenants and/or residents of the multi-family residential tower in which such residential units
are located and the relatives, guests and invitees of such owners, tenants and/or residents
(with no advertisements or listings of such Amenity Guest Apartment Units for rental by the
general public, and no activity or operation of such Amenity Guest Apartment Units that would
require a hotel license or public lodging establishment license by the State of Florida
Department of Business and Professional Regulation); and (ii) 15,000 square feet of retail uses.
Except with respect to the Amenity Guest Apartment Units (which may be rented, leased, used
and/or occupied on a daily, weekly or monthly basis), the Developer acknowledges and agrees
that, as part of the consideration to the City for the vacation of the City Parcel and for entering
into this Agreement, any agreements for the rental, lease, sub-lease, use or occupancy of
residential units within the Development Site for periods of less than six (6) months and one (1)
day shall be expressly prohibited with respect to (xi) all residential units that are part of a
condominium form of ownership and owned by person or entities other than the Developer,
and (xii) ninety percent (90%) of the residential units owned by the Developer; provided,
however, any agreements for the rental, lease, sub-lease, use or occupancy with respect to ten
percent (10%) of the residential units owned by the Developer for periods of less than thirty
(30) days shall be expressly prohibited. If any of the residential units in the multi-family
residential tower are developed and sold as a condominium, then the limitations set forth in
this subparagraph 3.25(c) shall be expressly incorporated in the Declaration of Condominium to
which such residential units are subjected.
(d) Any multi-family residential tower constructed within the 500
block of Alton Road shall be located within the northeast quadrant of the 500 block of Alton
Road.
(e) No parking, whether surface or underground, will be constructed
on any part of the Park Site.
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(f) The Project shall include on-site parking in accordance with the
provisions of the Land Develoipment Regulations (as may be amended by the Land
Development Regulation Amendments).
(g) Withrespect to the ten percent (10%) of the residential units
owned by the Developer that may be rented, leased, sub-leased, used and/or occupied for
periods of thirty (30) days or more in accordance with Subsection 3.25(c) of this Agreement, the
Developer shall provide the City Manager (or the City Manager's designee) with a list of such
residential units on a monthly basis. If requested by the City, the Developer shall make
available to the City Manager (or the City Manager's designee) for inspection such other
documentation reasonably sufficient to permit the City to verify compliance with the rental
restrictions set forth in Subsection'3.25(c) and (g) of this Agreement.
3.26 "Property" shall mean the property more specifically described in Exhibit
"C" attached hereto and incorporated herein by this reference.
3.27 "Purchase and Sale Agreement" shall mean the Purchase and Sale
Agreement substantially in the form of Exhibit "M" attached hereto and incorporated herein
by this reference.
3.28 "South Shore Hospital" shall mean the structure currently located on the
600 Block of Alton Road.
3.29 "Vacation Resolution" shall mean the City's Resolution No. 2018-30648,
approving, with conditions, the vacation of the City Parcel, which Vacation Resolution shall be
substantially in the form of Exhibit "N" attached hereto and incorporated herein by this
reference.
3.30 "World-class" shall mean, with respect to the Park Project, the same or
substantially similar standard of physical and operational quality for the facilities, landscaping
and associated infrastructure as the following parks as of the Effective Date: Millennium Park,
Chicago, Illinois; South Point Park, Miami Beach, Florida; and Soundscape Park, Miami Beach,
Florida. The world-class standard shall be conclusively deemed satisfied upon the issuance of
the "Park Zoning Approval" (as more specifically defined below).
4 Initial Obligations of the City and the Developer. The following will constitute
the initial obligations of the Developer and the City:
(a) Purchase and Sale Agreement for Park Site and City Parcel. Within ten
(10) Business Days from the Effective Date, the City and the Developer shall execute the
Purchase and Sale Agreement. If a party fails to execute the Purchase and Sale Agreement
within such ten (10) Business Daylperiod, then the other party shall have the right to terminate
this Agreement in accordance with Paragraph 34 of this Agreement.
(b) Vacation Resolution for City Parcel. Prior to the Effective Date, the
Developer submitted an application for the vacation of the City Parcel, which application was
favorably acted upon and approved by the City Commission on December 12, 2018, subject to
the conditions set forth in the Vacation Resolution.
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(c) Land Development Regulation Amendments. Prior to the Effective Date,
the Developer submitted an application for the Land Development Regulation Amendments,
which application was favorably acted upon and approved by the City Commission on
December 12, 2018.
5 Termination. INTENTIONALLY DELETED
DEVELOPMENT APPROVALS
6 Environmental Review.
(a) Prior to the' Effective Date, the Developer delivered to the City and the
City has reviewed the following environmental assessments with respect to the Park Site: (i)
Limited Soil and Groundwater Assessment Report dated October 11, 2018 prepared by GFA
International, Inc., bearing GFA Project No. 14-1421.02, and (ii) Additional Soil and
Groundwater Assessment Report dated October 22, 2018 prepared by GFA International, Inc.,
bearing GFA Project No. 14-1421.03 (collectively, the "Developer Environmental
Assessments").
(b) From the Effective Date through the date that is one hundred and twenty
(120) days after the Effective Date (the "Environmental Due Diligence Period"), the City and its
third party environmental consultants (collectively, the "Environmental Consultants") shall
have the right, but not the obligation, to enter and come upon the Park Site to conduct, at the
City's sole cost and expense, its own environmental due diligence (including physical
inspections, tests, studies, samplings and analyses (including soil borings and invasive
environmental testing)) of the Park Site (collectively, the "Environmental Inspections"). The
City shall provide the Developer with not less than five (5) Business Days advance written notice
of the date and time it or any of'its Environmental Consultants seek to enter and come upon
the Park Site to conduct any Environmental Inspections thereof, and the Developer shall
provide the City and its Environmental Consultants with access to the Park Site on such date
and time for such purpose.
Prior to the City or any of its Environmental Consultants entering or coming upon the
• Park Site, the City shall cause its Environmental Consultants to have first obtained general
liability insurance coverage insuring the Developer from and against any and all claims,
demands, actions, losses, liabilities, damages, fees, costs and expenses (including, without
limitation, attorneys' fees and costs through all trial, appellate and post-judgment.levels and
proceedings) (collectively, "Claims") arising out of any activities of the Environmental
Consultants while on the Park Site. Such insurance shall: (i) be issued by an insurance company
licensed in the State of Florida with an A.M. Best Rating of at least A- VIII; (ii) provide coverage
for injury to or death of any person and damage to or destruction of any property in an amount
not less than $1,000,000.00 for injury or death to any one person, $2,000,000.00 for injury or
death to more than one person, and $500,000.00 with respect to property damage; (iii) name
the Developer as an additional insured; (iv) contain a severability of interest provision; (v)
contain a provision that such insurance shall be primary and non-contributing with any other
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insurance of the Developer or of the City or of any other Environmental Consultant of the City;
and (vi) include a waiver of subrogation in favor of the Developer. The City and its
Environmental Consultants shall also obtain and maintain worker's compensation insurance for
all of their respective employee in accordance with Florida law. The City shall cause its
Environmental Consultants to deliver a certificate of insurance to the Developer evidencing
compliance with the foregoing insurance requirements prior to entering or coming upon the
Park Site.
The Developer shall have the right to be present while the City and/or any of its
Environmental Consultants conduct any Environmental Inspections of the Park Site. If
requested by the Developer, the City shall provide the Developer with copies of all data,
reports, assessments, analysis and other information prepared by or for the City in connection
with or as a result of its Environmental Inspections of the Park Site (collectively, the "City
Environmental Assessments") promptly after such request. Upon completion of its
Environmental Inspections, the City shall promptly restore the Park Site (including, without
limitation, repairing any damage to the Park Site caused by any entry upon or Environmental
Inspection performed by or on behalf of the City) to the same condition as existed prior to any
such Environmental Inspections.
The City shall: (i) keep the Park Site free from any claims, liens and encumbrances arising
as result of any Environmental Inspections conducted by or on behalf of the City; and (ii)
discharge any such claims, liens and encumbrances (by payment, bond, indemnity or otherwise)
within fifteen (15) days after the City becomes aware of the same; and (iii) solely to the extent
and limits set forth in Section 768.28 of the Florida Statutes, and without waiving any rights or
defenses thereunder, indemnify, defend and hold harmless the Developer from and against any
and all Claims in connection with, relating to or arising out of any such claims, liens and
encumbrances. Solely to the extent and limits permitted by Section 768.28 of the Florida
Statutes, and without waiving any rights or defenses thereunder, the City shall indemnify,
defend and hold harmless the Developer from and against any and all Claims brought, sought or
incurred by or against the Developer in connection with, relating to or arising out of any
negligence or willful misconduct by the City relating to (xi) the City's entering or coming upon
the Park Site, and/or (xii) any Environmental Inspections conducted by or on behalf of the City,
whether any of the foregoing arise or occur prior to, on or after the Effective Date. This
paragraph shall survive the expiration or any earlier termination of this Agreement.
If the City fails to conduct its Environmental Inspections, or fails to deliver to the
Developer the City Environmental Assessments, prior to the expiration of the Environmental
Due Diligence Period, then the City shall have waived its right to object to the environmental
condition of the Park Site, except for any environmental condition of the Park Site disclosed in
the Developer Environmental Assessments. This paragraph shall survive the expiration or any
earlier termination of this Agreement.
(c) The Developer shall remediate all hazardous substances within the Park
Site identified in the Developer Environmental Assessments and/or in any timely delivered City
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Environmental Assessments as follows (the obligations of the Developer set forth in
subparagraphs (i) through (iv) below are referred to herein collectively as the "Environmental
Contingency"):
(i) If the Developer Environmental Assessments and/or any timely
delivered City Environmental Assessments identifies any arsenic within the Park Site that is in
violation of any environmental laws, rules, regulations or standards applicable to the use of the
Park Site as a public municipal park in the City of Miami Beach, then the Developer shall deliver
to the City on or before Closing a bond, letter of credit, or similar security reasonably
acceptable to the City in an amount equal to the cost of remediating the Park Site for such
arsenic (the "Arsenic Surety").
(ii) If the Developer Environmental Assessments and/or any timely
delivered City Environmental Assessments identifies any hazardous substance (other than
arsenic) within the Park Site that is in violation of any environmental laws, rules, regulations or
standards applicable to the use of the Park Site as a public municipal park in the City of Miami
Beach, then the Developer shall remediate the Park Site for such hazardous substances prior to
Closing (the "Hazardous Substance Environmental Contingency").
(iii) If th'e Developer Environmental Assessments and/or any timely
delivered City Environmental Assessments identifies any arsenic within the Park Site that is in
violation of any environmental laws, rules, regulations or standards applicable to the use of the
Park Site as a public municipal park in the City of Miami Beach, then the Developer shall
remediate the Park Site for such arsenic prior to conveying the completed Park Project to the
City. If the Developer fails to remediate the Park Site for arsenic prior to conveying the
completed Park Project to the City, and such failure is not cured by Developer within any
applicable notice and cure period, then the City may draw on the Arsenic Surety for the
purpose of remediating the Park Site for such arsenic.
(iv) For purposes of this Agreement, the term "remediate" (and
words derivative thereof or of similar import such as "remediation") shall mean all actions
necessary to obtain regulatory closure of the remediation at issue with conditions from Miami-
Dade County Department of Regulatory and Economic Resources — Division of Environmental
Resources Management ("DERM") and/or any other agency, department or governmental
authority having jurisdiction over such remediation (any other agency, department or
governmental authority having jurisdiction over such remediation is referred to herein as an
"Applicable Environmental Agency"). Such conditional closure shall allow for recordation of a
covenant in favor of Miami-Dade County and/or any other Applicable Environmental Agency
against title to the Park Site that provides for implementation of an approved engineering
control (such as a clean soil cap) and, if necessary, prohibits use of groundwater for
consumption or irrigation. In addition, the Developer may also, in its sole and absolute
discretion, elect to remediate in full or in part by seeking approval from DERM and/or any other
Applicable Environmental Agency of "Alternative Cleanup Target Levels" or by conducting
source removal. In the event that the Developer elects to pursue conditional closure for soils
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on the Park Site based in part or in full on the use of an engineering control, the Developer shall
be required to obtain approval from DERM and/or any other Applicable Environmental Agency
of an "Engineering Control Plan"I. with respect to such engineering control. The Developer's
obligations under this Paragraph 6 (i.e., satisfaction of the Hazardous Substance Environmental
Contingency and/or satisfaction of the Environmental Contingency (as applicable)) shall be
deemed complete upon issuance by DERM and/or any other Applicable Environmental Agency
of correspondence indicating that no further remediation is required with respect to the Park
Site. Prior to Closing, the Developer shall have the right to execute and record any and all
agreements, documents and/or instruments against title to the Park Site in connection with its
remediation of the Park Site. After Closing, the City shall promptly execute and deliver to the
Developer (and the Developer shall have the right to thereafter record against title to the Park
Site) any and all agreements, documents and/or instruments requested by the Developer in
connection with its remediation of the Park Site, subject to the City's right to approve any such
agreements, documents and/or 1 instruments, which approval shall not be unreasonably
withheld, conditioned or delayed.
7 Submittal of DRB and Planning Board Applications.
(a) The Developer acknowledges that development of the Project will
require design review approval by the City's Design Review Board and conditional use approval
by the City's Planning Board !(collectively, the "Project Zoning Approvals"), and that
development of the Park Project will require design review approval by the City's Design Review
Board (the "Park Zoning Approval"). The Developer further acknowledges that until the
effective date of the Vacation Resolution and the Closing, the City remains the owner of the
City Parcel, and that no application for design review approval for the Project, or application for
conditional use approval for the Project, or zoning application for any other development that
includes the City Parcel, may lawfully be submitted to the City without the City's joinder to such
application while the City is the owner of the City Parcel.
(b) The Developer shall prepare applications requesting the Project Zoning
Approvals (collectively, the "Project Zoning Applications"). The preparation of the Project
Zoning Applications shall be at the sole cost and expense of the Developer, in accordance with
all City requirements, and shall include proposed plans sufficiently developed to permit the
City's Design Review Board or Planning Board (as applicable) to act on the Project Zoning
Application. The City shall join in such Project Zoning Applications as the owner of the City
Parcel, provided that the development requested in the Project Zoning Applications conforms
with the Project as defined in this Agreement.
(c) The Developer shall file the Project Zoning Applications with the City
within six (6) months after the Effective Date; provided, however, the Developer shall not pay
any application fees for the Project Zoning Applications at the time of filing. The City shall
accept the Developer's filing of the Project Zoning Applications without payment of the
application fees at the time of filing; provided, however, the City shall not be obligated to
diligently process the Project Zoning Applications pursuant to the requirements of the City Code
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through the issuance of the Project Zoning Approval unless and until the application fees for the
Project Zoning Applications have been paid. The Developer acknowledges that review of the
Project Zoning Applications by the City and its Boards is quasi-judicial, and that nothing in this
Agreement obligates the City to approve the Project Zoning Applications or limits the quasi-
judicial authority of the City and its Boards to impose conditions or take any action on the
Project Zoning Applications as provided by the City Code. If either or both of the Project Zoning
Applications is or are denied by the City, or if either or both of the Project Zoning Approvals
contain any terms, conditions or obligations not consistent with the terms and conditions of
this Agreement or otherwise unacceptable to Developer in its sole and absolute discretion, then
the Developer may elect to: (i) diligently prepare revised Project Zoning Applications requesting
the Project Zoning Approvals for a'revised Project that still conforms with the Project as defined
in this Agreement; (ii) exercise any rights of appeal the Developer may have; or (iii) terminate
this Agreement in accordance with Paragraph 34 of this Agreement.
(d) The City Commission, in its proprietary capacity, has approved the Park
Concept Plan as set forth in Exhibit "1" attached hereto and incorporated herein by this
reference. The Developer shall prepare an application requesting the Park Zoning Approval (the
"Park Zoning Application"). The preparation of the Park Zoning Application shall be at the sole
cost and expense of the Developer, in accordance with all City requirements, and include plans
sufficiently developed to permit City's Design Review Board to act on the Park Zoning
Application. The proposed Park Project in the Park Zoning Application must be substantially
similar in all material respects to the Park Concept Plan as set forth in Exhibit "1" attached
hereto and incorporated herein by this reference unless the City Commission, in its proprietary
capacity, approves such material 'changes. If the City's Planning Director determines that the
proposed Park Project in the Park Zoning Application is not substantially similar in all material
respects to the Park Concept Plan as set forth in Exhibit "L" attached hereto and incorporated
herein by this reference, then such substantial and material changes shall be subject to the City
Commission's approval, in its proprietary capacity, prior to the Park Zoning Application being
heard by the City's Design Review Board. If necessary, the City shall join in the Park Zoning
Application, provided that the development requested in the Park Zoning Applications
conforms with the Park Concept Plan approved by the City Commission. The Developer shall
file the Park Zoning Application with the City within six (6) months after the Effective Date;
provided, however, the Developer shall not pay any application fees for the Park Zoning
Application at the time of filing. The City shall accept the Developer's filing of the Park Zoning
Application without payment of the application fees at the time of filing; provided, however,
the City shall not be obligated to diligently process the Park Zoning Application pursuant to the
requirements of the City Code through the issuance of the Park Zoning Approval unless and
until the application fees for the Park Zoning Application have been paid by the Developer. The
Developer acknowledges that review of the Park Zoning Application by the City and its Boards is
quasi-judicial, and that nothing in this Agreement obligates the City to approve that application
or limits the quasi-judicial authority of the City and its Boards to impose conditions or take any
action on the Park Zoning Applications as provided by the City Code. Without limitation of the
foregoing, the following Planning Department recommendations may be considered by the
Design Review Board in its reviewiof the Park Zoning Application:
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(i) The environmental and sustainable components of the park; and
whether the park incorporates, significant and measurable resiliency and sustainability
components;
(ii) The proposed reduction in intensity for the overall park
programming,to provide as much'open greenspace as possible;
(iii) The use of native and Florida-friendly species in the landscape
design to reduce water consumption and the need for fertilizer and pesticides;
(iv) The extent to which storm water retention capabilities of the park
are clearly delineated;
(v) The infrastructure proposed for treating water going to the 6th
Street outfall;
(vi) The extent to which all elevated areas and berms are kept to a
minimum (with tunnels prohibited), with the design of the park to allow for unimpeded
visibility from all public streets and sidewalks, free of visual barriers to the park;
(vii) The proposed transition of the elevated pink walkway along Alton
Road from the top of the retail, to the ground at the north side of the park facing Alton Road,
with reduction in height so as to maximize active public park space;
(viii) The location, width and quantity of dedicated, pedestrian paths
around the perimeter of and through the park, and whether such walkways are accessible at all
times, even when access to the raised pink walkways is limited;
(ix) The proposed integration and width of the perimeter sidewalks
along West Avenue, Alton Road and the south side of the park, and the extent to which canopy
trees will be planted close to the back of curbs in a rhythm to provide continuous shade and
buffer pedestrians from the surrounding streets, with use of large single trunk palm species to
define gateways or park entry points but not as predominant street trees;
(x) Whether the design ensures that vehicular access, including, but
not limited to, drop-off and pick-up, parking and loading, as well as turn arounds, is not
permitted anywhere in the park;
(xi) Whether the surface parking area proposed in front of the retail
building should be eliminated in order for the retail building to fully harmonize with the
proposed park, or alternatively, whether a connected driveway from 6th Street to Alton Road
may be proposed with parallel parking, with such driveway composed of pervious pavers (no
asphalt or concrete), including all parking spaces, drive aisles and access points from the street;
and
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(xii) Whether the surface lot providing required parking for the
Floridian at the northwest corner of the site should consist of a two (2) level pedestal, or,
alternative, if the surface lot is to remain, whether the surface lot is composed of pervious
pavers (no asphalt or concrete), including all parking spaces, drive aisles and access points from
the street.
(e) If the Park Zoning Application is denied by the City, or if the Park Zoning
Approval contain any terms, conditions or obligations not consistent with the terms and
conditions of this Agreement or, otherwise unacceptable to the Developer in its sole and
absolute discretion,then the Developer may elect to: (i) diligently prepare a revised Park Zoning
Application requesting the Park Zoning Approval for a revised Park Project that still conforms
with the Park Project as defined in this Agreement; (ii) exercise any rights of appeal the
Developer may have; or (iii) terminate this Agreement in accordance with Paragraph 34 of this
Agreement.
(f) Although the Project Zoning Applications will be separate applications
from the Park Zoning Application, it is the express intent of the parties that the Project Zoning
Applications and the Park Zoning Application will all be scheduled before and heard by the
City's Design Review Board on and at the same meeting date.
(g) The Developer shall pay the City the total and collective sum of
$15,000.00 as the application fees for the initial Project Zoning Applications and the initial Park
Zoning Application. In consideration for the conveyance of the Park Site to the City and
completion of the Park Project, the City shall be solely responsible for payment of all remaining
application fees in excess of$15,000.00 for the initial Project Zoning Applications and the initial
Park Zoning Application. Upon the Developer's payment of such $15,000.00 in application fees,
the City shall diligently process: (i) the Project Zoning Applications pursuant to the
requirements of the City Code'through the issuance of the Project Zoning Approval in
accordance with Subsection 7(c) of this Agreement; and (ii) the Park Zoning Application
pursuant to the requirements of the City Code through the issuance of the Project Zoning
Approval in accordance with Subsection 7(d) of this Agreement.
PERMITTING
8 Prerequisites to Building Permits. The Developer acknowledges that until the
effective date of the Vacation Resolution and the Closing, the City remains the owner of the
City Parcel, and that no application for a Building Permit for the residential component of the
Project may lawfully be approved without the City's joinder to such application while the City is
the owner of the City Parcel. TheCity shall not join any application for a Building Permit for the
residential component of the Project, and shall not join the Covenant in Lieu of Unity of Title
(and therefore no Building Permit for the residential component of the Project may be issued),
until after the effective date of the Vacation Resolution and the Closing (including the execution
and/or delivery of all items in subparagraphs 9(a)-(k) of this Agreement). Subject to the
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immediately preceding two (2) sentences with respect to the residential component of the
Project, the Developer shall have the right to apply for a phased Building Permit for the Project,
the first phase of which may include either the commercial or the residential component of the
Project, or both the commercial and the residential components of the Project, at any time
during the Term of this Agreement; provided, however, if the Developer fails to obtain a
Building Permit for the commercial component of the Project located north of 6th Street within
six (6) months after Closing, then the Developer shall sod such commercial area of the Project
located north of 6th Street in accordance with Paragraph 14 of this Agreement.
9 At the Closing, the Developer and the City shall perform the following:
(a) The Park Site Owner will convey to the City in fee simple, free and clear of
all liens and encumbrances other,than certain permitted exceptions accepted by the City, by
special warranty deed, the Park Site, in accordance with the terms and provisions of the
Purchase and Sale Agreement.
(b) Simultaneous with conveyance of the Park Site: (i) the City shall convey
the City Parcel to the Developer, via quit claim deed, pursuant to and subject to the terms of
the Vacation Resolution; (ii) the 'Developer shall grant the 6th Street Easement to the City
pursuant to an easement agreement substantially in the form of Exhibit "0" attached hereto
and incorporated herein by this reference (the "6th Street Easement Agreement"), which 6th
Street Easement Agreement shall reserve to the Developer the right to construct a pathway and
related improvements not less than fifteen (15) feet above the surface of the 6th Street
Easement; (iii) the City shall convey that portion of the Developer Property lying south of the
City Parcel (which area generally pertains to a prior vacation of an alley located south of the
City Parcel) to the Developer, via quit claim deed; and (iv) the City shall execute any agreement,
document or instrument that may be required to release or relinquish any claim available to
the City under Florida law for a right-of-way taking (or similar claim) with respect to that
portion of the Development Site abutting the south side of 6th Street.
(c) The Developer shall grant a perpetual, non-revocable public access
easement to the City against the'property more specifically described in Exhibit "P" attached
hereto and incorporated herein by this reference (the "Future Pedestrian Pathway Parcel")
pursuant to an easement agreement substantially in the form of Exhibit "Q" attached hereto
and incorporated herein by this reference (the "Future Pedestrian Pathway Parcel Easement
Agreement").
(d) The Developer shall grant the 5th Street Easement to the City pursuant to
an easement agreement substantially in the form of Exhibit "R" attached hereto and
incorporated herein by this reference (the "5th Street Easement Agreement").
(e) The Developer shall grant a perpetual, non-revocable public access
easement to the City against the property more specifically described in Exhibit "S" attached
hereto and incorporated herein by this reference for pedestrian and bicycle uses (the "West
Avenue Sidewalk Easement") pursuant to an easement agreement substantially in the form of
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Exhibit "T" attached hereto and incorporated herein by this reference (the "West Avenue
Sidewalk Easement Agreement").
(f) Developer will deliver, at its election, either:
(i) a written tri-party agreement among Developer, the City and the
lender providing a construction loan for the construction of the Park Project (the "Park
Lender"), in form and substance reasonably acceptable to the City (the "Recognition
Agreement"), pursuant to which the Park Lender agrees, among other terms, to (A) fund the
then remaining "Park Construction Amount" (as hereinafter defined) directly to the City in the
event of any "Park Related Default" (as hereinafter defined) by Developer under this
Agreement which is not cured by; Developer within any applicable notice and cure period, (B)
fund the then remaining Park Construction Amount by way of monthly draws pursuant to the
draw procedure set forth in the construction loan documents, and (C) fund such then remaining
Park Construction Amount directly to the City pursuant to (A) and (B) above, notwithstanding
that the Developer may be in default of its construction loan with the Park Lender; or
(ii) a letter of credit (the "Letter of Credit") in an amount equal to the
Park Construction Amount, which'Letter of Credit (A) is unconditional, irrevocable, and payable
to City on sight at an office of the issuing financial institution in a single draw equal to the then
remaining Park Construction Amount, (B) is in form and content reasonably acceptable to the
Developer and the City, and (C) shall contain an "evergreen" provision which provides that the
Letter of Credit is automatically renewed on an annual basis (unless the issuer delivers sixty (60)
days' prior written notice of cancellation to City) until the Park Project has been completed and
accepted by the City, and which the City shall have the right to present for payment in
accordance with its terms in the event (Y) of any Park Related Default by Developer under this
Agreement which is not cured by Developer within any applicable notice and cure period, or (Z)
the Developer fails to provide the City with any renewal or replacement letter of credit
complying with the terms of this Agreement at least thirty (30) days prior to the expiration of
the then-current Letter of Credit where the issuer of such Letter of Credit has advised the City
of its intention not to renew the same.
(iii) For purposes of this Agreement, the term: (A) "Park Construction
Amount" shall mean an amount equal to one hundred percent (100%) of the then remaining
cost to complete the construction of Phase 2 and Phase 3 of the Park Project based on the
budget of a guaranteed maximum price contract for or which includes the construction of the
Park Project (i.e., the cost to construct the Park Project based on the Approved Park Plans, as
initially set forth in the budget of;a guaranteed maximum price contract for or which includes
the construction of the Park Project, less any amounts paid towards the construction of the
Park Project); and (B) "Park Related Default" shall mean the failure of the Developer to
construct the Park Project in accordance with the terms and conditions of this Agreement. If
the Developer elects to deliver the Letter of Credit, then the Developer shall have the right to
reduce the amount of the same to the then remaining Park Construction Amount on a calendar
quarter basis. The right to draw funds under the Recognition Agreement or Letter of Credit (as
17
applicable) shall be the City's sole and exclusive remedy with respect to a Park Related Default,
other than the failure of the Developer to remediate the Park Site in accordance with
subparagraphs 6(c)(i) through (iv) of this Agreement. If the City draws any funds under the
Recognition Agreement or Letter of Credit (as applicable), then all conditions precedent to the
issuance of a temporary certificate of occupancy, final certificate of occupancy, and/or
certificate of completion for the Project (whether in whole or in part) shall be deemed satisfied,
and the Developer shall have the right to apply for a temporary certificate of occupancy, final
certificate of occupancy, and/or certificate of completion for the Project (whether in whole or
in part) whether or not construction of the Park Project has been completed or accepted by the
City, in which case, the City's issuance of a temporary certificate of occupancy, final certificate
of occupancy, and/or certificate of completion for Project (whether in whole or in part) shall
only be subject to such regulatory approvals that may be required by any agencies having
jurisdiction over the Project (or such part thereof for which a temporary certificate of
occupancy, final certificate of occupancy, and/or certificate of completion is sought).
(iv) If the Park Lender refuses to enter into a Recognition Agreement
for any reason whatsoever, or if the form or substance of the Recognition Agreement is not
reasonably acceptable to the City, then the Developer shall be required to deliver the Letter of
Credit in lieu of the Recognition Agreement.
(g) The Developer will execute and record the Hold Harmless Agreement
substantially in the form of Exhibit "K" attached hereto and incorporated herein by this
reference.
(h) The City and the Developer will execute and record the Covenant in Lieu
of Unity of Title substantially in the form of Exhibit"J" attached hereto and incorporated herein
by this reference
(i) The City and the Developer will execute and record a termination of that
certain Grant of Easement and Agreement for Storm Water and Transportation Improvements
recorded on August 22, 2014 in Official Records Book 29281, Page 1097 of the Public Records of
Miami-Dade County, Florida substantially in the form of Exhibit "U" attached hereto and
incorporated herein by this reference (the "Termination of Grant of Easement and Agreement
for Storm Water and Transportation Improvements").
(j) The City shall grant a perpetual, non-revocable roadway easement to the
Developer against the property more specifically described in Exhibit "V" attached hereto and
incorporated herein by this reference for utilities, public 'vehicular and pedestrian uses (the
"Floridian Parking Easement") pursuant to an easement agreement substantially in the form of
Exhibit "W" attached hereto and ilincorporated herein by this reference (the "Floridian Parking
Easement Agreement").
(k) The City shall grant the Developer a temporary easement over the Park
Site which shall permit and authorize the Developer to access the Park Site for construction and
installation of the Park Project and for staging and storage of construction vehicles, equipment
18
and materials related to the development and construction of the Project and Park Project (the
"Temporary Construction and Access Easement") pursuant to an easement agreement
substantially in the form of Exhibit "X" attached hereto and incorporated herein by this
reference (the "Temporary Construction and Access Easement Agreement").
10 The Developer shall demolish, at its sole cost and expense, the South Shore
Hospital on the earlier of: (a) sixty (60) days following the date on which the "Replacement
Ordinance" (as more specifically defined below) is adopted by the City and all appeal periods to
such adoption have expired with no appeals to such adoption having been filed (or, in the event
an appeal is filed, then within sixty (60) days after the same is resolved (by judgement,
settlement or otherwise); or (b) six (6) months following the date on which the last of the
Project Zoning Approvals and the Park Zoning Approval has been issued/adopted and all appeal
periods to such issuance/adoption have expired with no appeals to such issuance/adoption
having being filed (or, in the event an appeal is filed, then within six (6) months after the same
is resolved (by judgement, settlement or otherwise) on terms and conditions acceptable to the
Developer in its sole and absolute discretion). For the purposes of this Agreement, the term
"Replacement Ordinance" shall mean the proposed Ordinance in the form attached hereto and
made a part hereof as Exhibit "`Y" amending Section 142-306 of the Land Development
Regulations of the City Code to allow for the demolition of a building in a CD-2 district that is
non-conforming as to height (the "Demolished Building") and the construction of new building
in a CD-2 district in replacement thereof (the "Replacement Building") which Replacement
Building has a footprint being 2.25;times the footprint of the Demolished Building.
Upon the demolition of the South Shore Hospital, all of the following items shall be
deemed cured, corrected and satisfied, and the City shall promptly execute and deliver (without
the Developer being required to pay any fees, costs, expenses, charges, penalties or other
amounts) all agreements, documents and instruments necessary or required to discharge all of
the same from public record: (a) Unsafe Structure Lien, recorded July 8, 2011, in Official
Records Book 27749, Page 1536, and Affidavit recorded July 8, 2011 in Official Records Book
27749, Page 1538; (b) Notice of Board Decision, Miami-Dade County Unsafe Structures Board,
recorded April 1, 2014, in Official', Records Book 29090, Page 2491; (c) Notice of Priority Lien,
recorded on February 17, 2015, in Official Records Book 29503, Page 4929; (d) Notice of Priority
Lien, recorded on February 18, 2015, in Official Records Book 29504, Page 706; and (e) Claim of
Lien from the City of Miami Beach, recorded on June 14, 2017, in Official Records Book 30573,
Page 4854.
11 If the City awards the Developer a contract for the construction of the "5th
Street Pedestrian Bridge Projec (as more specifically defined below) in an amount of
i
approximately $10,000,000.00 (with the final amount subject to negotiation thereof) prior to
date on which the Developer applies for the initial Building Permit for the Project or the Park
Project, then the Developer shall, be solely responsible for the payment of all applicable City
impact fees, concurrency fees and/or mobility fees that are due and payable to the City for the
Project and Park Project at time of the Developer applies for such initial Building Permit (the
"City Impact Fees"). If the City doles not award the Developer a contract for the construction of
19
the 5th Street Pedestrian Bridge Project prior to date on which the Developer applies for the
initial Building Permit for the Project or the Park Project, then the Developer shall be
responsible for the payment of fifty percent (50%) of the costs of the City Impact Fees at time
of the Developer applies for such initial Building Permit, and the City shall be responsible for the
payment of the remaining fifty percent (50%) of the costs of the City Impact Fees at time of the
Developer applies for such initial Building Permit.
PARK CONSTRUCTION
12 Except as expressly set forth in this Agreement, Developer shall be solely
responsible for the design, permitting and construction of the Park Project, at the Developer's
sole cost and expense. The Developer shall execute a contract for the design of the Park
Project pursuant to the Park Zoning Approval with a Florida licensed architecture/engineering
firm (the "Park Design Contract"), unless the Developer elects to execute a design-build
contract for the Park Project pursuant to the Park Zoning Approval as provided below. The
Developer shall execute a contract for the construction of the Park Project pursuant to the Park
Zoning Approval with a Florida licensed contractor (the "Park Contractor"), or, alternatively, the
Developer may, in its sole and absolute discretion, execute a design-build contract with the
Park Contractor for the design and construction of the Park Project pursuant to the Park Zoning
Approval, which contract may be a stand-alone construction or design-build contract with a
guaranteed maximum price for ithe Park Project, or an addendum to or component of a
construction or design-build contract related to both the Project and the Park Project (the "Park
Construction Contract"). The Park Design Contract and Park Construction Contract shall,
among other things: (a) require that the City to be named as an additional or named insured on
all insurance coverages required by the Park Design Contract and Park Construction Contract
and under which the Developer is an additional or named insured; (c) require that the City be
named a co-obligee under any payment and performance bonds (if any) required by Park
Construction Contract; (d) be assignable to the City in the event of a default by the Developer
under the Park Design Contract, Park Construction Contract or this Agreement (which
assignment shall include, with respect to the Park Design Contract, an assignment or express
right to use the plans, specifications and drawings for the Park Project); (e) contain usual and
customary warranties by the Park Contractor (including a warranty against defective
workmanship for a period of not less than one year following substantial completion of the Park
Project); (f) name the City as an intended third-party beneficiary with respect to all warranties
included in the Park Design Contract and Park Construction Contract; and (g) provide the City
with the same indemnification protections as afforded the Developer under the Park Design
Contract and Park Construction Contract. Except as expressly specified in this Agreement, in no
event shall City be responsible for paying or otherwise reimbursing the Developer or the Park
Contractor for any costs to design; develop or construct the Park Project.
After the issuance of the 'Park Zoning Approval, Developer shall prepare construction
documents for the Park Project and, upon completion of the same, the Developer shall submit
them to the City Manager for the sole and limited purpose of verifying that the Park Project set
forth therein is substantially in accordance with the Park Zoning Approval. The City Manager
20
shall review and either approve or reject such construction documents within ten (10) Business
Days after receipt of the same. If'the City Manager fails to approve or reject such construction
documents within such ten (10) Business Day period, then such construction documents shall
be deemed approved by the City;Manager. However, if the City Manager timely rejects such
construction documents, it shall give the specific and detailed reasons for such rejection; in
which event, the Developer shall revise the construction documents for the Park Project so that
they are substantially in accordance with the Park Zoning Approval and then re-submit them to
the City Manager pursuant to the foregoing process until such construction documents have
been or are deemed to have been approved by the City Manager (such construction
documents, once approved or deemed approved by the City Manager, are referred to herein as
the "Approved Park Plans"). Prior to commencement of any construction of the Park Project,
the Developer shall submit to the City Manager any proposed modifications to the Approved
Park Plans (which shall be indicated by "ballooning," highlighting, blacklining or describing such
modifications in reasonable detail) for the sole and limited purpose of verifying that the Park
Project set forth therein is substantially in accordance with the Park Zoning Approval. The City
Manager shall review and either approve or reject the proposed modifications within ten (10)
Business Days after receipt of the same. If the City Manager fails to approve or reject such
proposed modifications within such ten (10) Business Day period, then such proposed
modifications shall be deemed approved by the City Manager. However, if the City Manager
timely rejects such proposed modifications, it shall give the specific and detailed reasons for
such rejection; in which event, the Developer shall revise the proposed modifications so that
they are substantially in accordance with the Park Zoning Approval and then re-submit them to
the City Manager pursuant to the foregoing process until such proposed modifications have
been or are deemed to have been approved by the City Manager (such proposed modifications,
once approved or deemed approved by the City Manager, shall become part of the "Approved
Park Plans"). Any dispute regarding the City Manager's rejection of the construction
documents or any proposed modification thereof must be resolved prior to the
commencement of the construction of the Park Project and, in the event of any such dispute,
all time periods set forth in this Agreement shall be tolled until the dispute is resolved by the
Developer and the City.
After the issuance of a 1Building Permit for the Park Project, the Developer shall
construct, at its sole cost and expense, the Park Project substantially in accordance with the
Park Zoning Approval and Approved Park Plans.
13 Upon the commencement of construction of the Park Project, the Developer
shall use good faith efforts to keep the City reasonably apprised of the progress of the
construction of the Park Project, including advising the City of meetings between the Developer
and the Park Contractor concerning the construction of the Park Project. The City may, from
time-to-time, designate on written notice to the Developer one or more employees or agents
to be the City's representative (a "City's Representative") who may (a) review all contracts,
plans, specifications and shop drawings relating to the construction of the Park Project
(collectively, the "Construction Documents"), whether kept at Developer's offices or at the
construction trailer for the Park Project, (b) attend all meetings between the Developer and the
21
I -
I
Park Contractor concerning the construction of the Park Project, and (c) enter the Park Site to
monitor the construction of the Perk Project; subject, however, to the following conditions and
limitation (x) the City's and the City Representative's review of any such Construction
Documents and/or entry on to the Park Site to monitor the construction of the Park Project
shall be on not less than forty-eight (48) hours prior written notice to the Developer and
conducted during normal business hours on Business Days, (y) the Developer shall have the
right to have a representative present at all times while the City and/or the City Representative
review any such Construction Documents or is on the Park Site to monitor the construction of
the Park Project, and (z) the City and the City Representative, while on the Park Site, shall
comply with all safety and other requirements imposed by the Park Lender,the Park Contractor
and any insurance company insuring the Developer, the Park Contractor, the Park Site and/or
the construction of the Park Project. Notwithstanding the foregoing: (aa) the City hereby
acknowledges, agrees and confirms that the foregoing rights of review, attendance, entry and
monitoring granted to the City and the City Representative in this Paragraph 13 shall not grant
the City or the City Representative any approval rights whatsoever with respect to any aspect of
the construction of the Park Project; and (bb) the Developer acknowledges, agrees and
confirms that the foregoing rights of review, attendance, entry and monitoring granted to the
City and the City Representative in this Paragraph 13 shall be exercised (if at all) in the sole and
absolute discretion of the City and shall not, in any way, be construed, interpreted and/or
constitute an assumption by the City of any of the Developer's or the Park Contractors'
obligations in connection with the construction of the Park Project.
14 The Developer shell complete the construction of the Park Project (subject to
such conditions for completion of each Phase of the Park Project as further described in
subparagraph 14(c) below) in accordance with the following phased construction schedule:
(a) the Developer shall complete construction of that portion of the Park
Project depicted as Phase 1 on Exhibit "Z" attached hereto and incorporated herein by this
reference within the earlier of (i) eighteen (18) months following the Park Zoning Approval and
the expiration of all appeal periods to such issuance with no appeals to such issuance having
been filed (or, in the event an appeal is filed, the same has been resolved (by judgement,
settlement or otherwise) on terns and conditions acceptable to the Developer in its sole and
absolute discretion), or(ii) thirty(30) months after the Effective Date;
(b) the Developer shall (i) commence construction (consisting of clearing,
grubbing, erection of construction fencing and/or drainage improvements) of that portion of
the Park Project depicted as Phase 2 on Exhibit"Z" attached hereto and incorporated herein by
this reference within forty-eight (48) months after the issuance of the Park Zoning Approval and
the expiration of all appeal periods to such issuance with no appeals to such issuance having
been filed (or, in the event an appeal is filed, the same has been resolved (by judgement,
settlement or otherwise) on terns and conditions acceptable to the Developer in its sole and
absolute discretion), and (ii) complete construction of Phase 2 of the Park Project no later than
eighteen (18) months following the commencement of construction of Phase 2 of the Park
Project; and
22
(c) the Developer shall complete that portion of the Park Project depicted as
"Phase 3" on Exhibit "Z" attached hereto and incorporated herein by this reference within
ninety-six (96) months after the Effective Date.
During the construction of the Project and the Park Project, the City shall provide the
following construction staging, storage, use and construction parking accommodations to the
Developer and the Park Contractor at no cost or expense to the Developer or the Park
Contractor, except as provided herein: (w) the closure of 6th Street for a period of thirty (30)
months after the issuance of the Building Permit for the residential component of the Project
for use by the Developer and the Park Contractor as a staging area/lay-down yard in connection
with the construction of the Project and the Park Project, provided, however, that during such
period when 6th Street is closed, the Developer shall construct, and make available for use by
the general public, an alternate pedestrian pathway between West Avenue and Alton Road in a
location determined by the Developer in its sole discretion south of 8th Street; (x) the right to
use Phase 3 of the Park Project as a staging area/lay-down yard in connection with the
construction of the Project and the Park Project until construction of Phase 3 of the Park Project
commences; (y) the right to permit, develop, construct, install and operate construction, leasing
and/or sales trailers, and improvements related thereto, on Phase 3 of the Park Project until
construction of Phase 3 of the Park Project commences; and (z) subject to the "Not-To-Exceed
Amount (as more specifically defined below), two hundred (200) parking passes in the City
owned garage located at 1100 5th Street, Miami Beach (the "City Garage") for the period
beginning on the date the Building Permit for the residential components of the Project is
issued for use by the Developer and the Park Contractor (and their respective employees and
sub-contractors), until such time as the Not-To-Exceed Amount has been expended. For
purposes of this Agreement, and in consideration for the phased construction schedule for the
completion of the Park Project set forth in this Paragraph 14, the City shall budget and
appropriate, from the City's General Fund, the necessary funds to pay the Parking Department
for monthly parking passes at the then-prevailing standard rates, up to an aggregate not-to-
exceed amount of $600,000.00 (the "Not-To-Exceed Amount"). Once the Not-To-Exceed
Amount has been expended by the City, the Developer and/or the Park Contractor shall be
solely responsible for the cost of all monthly parking passes for the City Garage issued to it by
the City, or making other parking arrangements for the Developer and the Park Contractor (and
their respective employees and sub-contractors) at the Developer and the Park Contractor's
sole discretion.
Completion of each phase of the Park Project shall occur when (aa) the City Manager (or
the City Manager's designee) has certified, in the City's proprietary capacity as owner of the
Park Site), that the Park Project has been constructed substantially in accordance with the Park
Zoning Approval and the Approved Park Plans; (bb) the Developer has obtained one or more
temporary certificates of occupancy, final certificates of occupancy, and/or certificates of
completion that individually or collectively encompass such phase of the Park Project, and (cc)
all improvements that comprise such phase of the Park Project (the "Park Improvements")
have been conveyed to and accepted by the City through a bill of sale; and, Completion of the
Park Project shall occur when (xx) the City Manager (or the City Manager's designee) has
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certified, in the City's proprietary capacity as owner of the Park Site), that the Park Project has
been constructed substantially in accordance with the Park Zoning Approval and the Approved
Park Plans; (yy) the Developer has obtained one or more temporary certificates of occupancy,
final certificates of occupancy, and/or certificates of completion that individually or collectively
encompass the entire Park Project, and (zz) all Park Improvements that comprise the Park
Project have been conveyed to and accepted by the City through a bill of sale.
If the Developer has not commenced site work (consisting of clearing, grubbing,
erection of construction fencing and/or drainage improvements) for Phase 1 of the Park Project
within eighteen (18) months following the issuance of the Park Zoning Approval and the
expiration of all appeal periods to such issuance with no appeals to such issuance having been
filed (or, in the event an appeal isIfiled, the same has been resolved (by judgement, settlement
or otherwise) on terms and conditions acceptable to the Developer in its sole and absolute
discretion), then the Developer shall sod the entire Park Site promptly after the expiration of
such time period and keep and maintain such sod until such time as the Developer commences
construction of the Project (or any part thereof) and/or the Park Project (or any part thereof). If
the Developer has not poured the concrete foundation for the multi-family residential tower to
be constructed on the Development Site within twelve (12) months after Phase 1 and Phase 2
of the Park Project have been completed and accepted by the City,then the Developer shall sod
Phase 3 of the Park Project promptly after the expiration of such time period and keep and
maintain such sod until such time as the Developer commences construction of the multi-family
residential tower on the Development Site. If the Developer has not obtained a Building Permit
for the commercial component of the Project located north of 6th Street within six (6) months
after Closing, then the Developer shall sod such commercial area of the Project located north of
6th Street promptly after the expiration of such time period and keep and maintain such sod
until such time as the Developer commences construction of such commercial area of the
Project located north of 6th Street.
15 The City shall own the Park Site upon the Developer's conveyance of the same to
the City and, upon such conveyance, the Developer shall have no further reserved rights or
interests in the Park Site as the r prior owner thereof, except for those rights and interests
granted to or reserved by the Developer: (a) under the Temporary Construction and Access
Easement; (b) under the Floridian Parking Easement Agreement; (c) under the West Avenue
Sidewalk Easement Agreement; and (d) under this Agreement. The City shall own and operate
and be responsible, at its sole cost and expense, for the operation, maintenance, repair and
replacement of the Park Project and the Park Improvements upon (y) the Developer's
completion and conveyance of the same to the City, and (z) the City's acceptance of the same
from the Developer, and upon such completion, conveyance and acceptance, the Developer
shall have no further right, interest, obligation or liability in or with respect to the Park Project
or Park Improvements, except (i)1 as otherwise provided in (a) through (d) above, and (ii) to
enforce the warranty provisions of the Park Design Contract and Park Construction Contract
applicable to the correction of defective workmanship. The approval of this Agreement does
not grant, and shall not be construed to grant, to the Developer any rights of ownership in the
Park Site,the Park Project or the Park Improvements.
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16 The Developer shall comply with the City's Art In Public Places (the "AIPP")
program requirements under Section 82-536 through 82-612 of the City Code (as applicable)
and shall contribute to the City's Art in Public Places fund the total of 1.5% of the "construction
cost" (as such term is defined in Section 82-537 of the City Code) of the Park Project (the
"Public Art Funds") no later than:the date of execution of a construction contract for or that
includes the construction of the Park Project, as required by the City Code. The full amount of
the Public Art Funds shall be dedicated to Developer's use for public art within the Park Site. In
view of the Developer's overall design responsibility for the Park Project, the Developer shall
either: (a) submit the proposed artworks to be funded with the Public Art Funds to the City's
Art In Public Places Committee for its review, recommendation and approval; or (b) seek the
City Commission's approval of the proposed artworks and waiver of any applicable AIPP
program requirements, which approval by the City Commission shall not to be unreasonably
withheld, conditioned or delayed.
CONDITIONS PRECEDENT TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR
TEMPORARY CERTIFICATE OF OCCUPANCY
17 Conditions Precedent to Issuance of Certificate of Occupancy or Temporary
Certificate of Occupancy for the Project. The Developer acknowledges that conveyance of the
Park Site and the completion of the Park Project and the conveyance of the Park Improvements
to the City are additional and essential consideration for the City's vacation of the City Parcel.
Except as otherwise provided in this Agreement, the Developer shall not apply for, and the City
shall not issue, any temporary certificate of occupancy, final certificate of occupancy, and/or
certificate of completion for the Project (in whole or in part) until the following has occurred:
(a) The Developer shall have completed construction of the Park Project
substantially in accordance with the Park Zoning Approval and the Approved Park Plans (as
evidenced by the issuance of one or more temporary certificates of occupancy, final certificates
of occupancy or certificates of completion that individually or collectively encompass the entire
Park Project);
(b) Developer shall have designed and constructed, at Developer's sole cost
and expense,the "Future Pedestrian Bridge Platform" (as more specifically defined below).
(c) The Developer shall have satisfied the Environmental Contingency; and
(d) The Developer shall have conveyed the Park Improvements to the City
through a bill of sale. The City' shall be obligated to accept such bill of sale for the Park
Improvements if the Park Project has been completed substantially in accordance with the Park
Zoning Approval and the Approved Park Plans (as evidenced by the issuance of one or more
temporary certificates of occupancy, final certificates of occupancy or certificates of completion
for the Park Project that individually or collectively encompass the entire Park Project) and the
Environmental Contingency has been satisfied.
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Provided however, and notwithstanding anything to the contrary contained in this
Agreement, subparagraphs 17(a) and (d) above shall be deemed satisfied, and the Developer
shall have the right to apply for a temporary certificate of occupancy, final certificate of
occupancy, and/or certificate of completion for the Project (whether in whole or in part), if the
City draws any funds under the Recognition Agreement or Letter of Credit (as applicable) as
provided in subparagraph 9(f)(iii); of this Agreement, in which case, the City's issuance of a
temporary certificate of occupancy, final certificate of occupancy, and/or certificate of
completion for Project (whether in whole or in part) shall only be subject to such regulatory
approvals that may be required by any agencies having jurisdiction over the Project.
Notwithstanding anything in this Agreement to the contrary, the Developer shall have
the right: (a) prior to the conveyance or completion of the Park Project, to (i) permit, develop,
construct, install and operate construction trailers, leasing trailers and sales trailers, and
improvements related thereto, on the Property, and (ii) apply for any temporary certificate of
occupancy, final certificate of occupancy and/or certificate of completion for any such trailer or
related improvements, and the City's issuance thereof shall only be subject to such regulatory
approvals that may be required by any agencies having jurisdiction over such trailers and
related improvements; and (b) after the conveyance of the Park Site and satisfaction of
subparagraphs 17(a) and (c) of this Agreement with respect to Phase 1 and Phase 2 of the Park
Project, to apply for any temporary certificate of occupancy, final certificate of occupancy
and/or certificate of completion for any commercial component of the Project on the
Development Site north of 6th Street, and the City's issuance thereof shall only be subject to
such regulatory approvals that may be required by any agencies having jurisdiction over the
commercial component of the Project.
BAYWALK CONSTRUCTION
18 Baywalk Improvement Construction. As additional consideration for the City's
vacation of the City Parcel, the Developer will complete or cause to be completed the following
Baywalk Improvements, subject td the following terms and conditions:
(a) The Developer will complete or cause to be completed the Baywalk
Improvements according to the designs and at the locations set forth in Exhibits "G", "H" and
"I" attached hereto and incorporated herein by this reference, which are generally located at:
Mirador 1000 Condo
1000 West Avenue
Miami Beach, FL
Mirador 1200 Condo
1200 West Avenue
Miami Beach, FL
Mondrian Hotel
1100 West Avenue
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Miami Beach, FL
(b) The City shall be responsible, at its sole cost and expense, for obtaining
all necessary permits for the Baywalk Improvements based on the existing completed designs
for the Baywalk Improvements (the "Baywalk Permits"). The City shall be responsible for
obtaining, at its sole cost and expense, all necessary joinders or consents from the owners of
the upland parcels adjacent to the Baywalk Improvements; provided, however, to the extent
any such owner of any such upland parcel is the Developer or any affiliate thereof or any
association with respect to the Mondrian Hotel, then the Developer shall deliver such joinders
or consents to the City promptly ;upon request for the same. The Developer shall reasonably
cooperate (at no cost or expense ito the Developer) with the City in the City's efforts to obtain
the Baywalk Permits.
(c) After the City obtains the Baywalk Permits, the City shall deliver the same
to the Developer. The Developer shall then be responsible, at Developer's sole cost and
expense, to complete or cause to be completed the construction of the Baywalk Improvements
pursuant to the Baywalk Permits. The Developer shall complete or cause to be completed the
construction of the Baywalk Improvements within one (1) year after the City delivers the
Baywalk Permits to the Developer. After the Developer commences construction of the
Baywalk Improvements, the City shall pay the Developer, through a draw schedule based upon
a percentage of completion, the combined sum of $762,682.58, less any reasonable amounts
paid by the City to third-parties to secure the Baywalk Permits. However, before agreeing to
pay any amounts to secure the Baywalk Permits, the City shall first deliver to the Developer
written notice of the City's intent (including the name of the person or entity to be paid, the
amount to be paid and the purpose for which the payment is being made) to make such
payment.
(d) If the City is unable to obtain the Baywalk Permits within forty-eight (48)
months after the Effective Date and: (i) the City awards the Developer a contract for the
construction of the 5th Street' Pedestrian Bridge Project in an amount not less than
$10,000,000.00 prior to date on which the Developer applies for the initial Building Permit for
the Project or the Park Project, then the Developer shall provide the City with a credit in the
amount of $750,000.00 to be applied against the Developer's construction of the 5th Street
Pedestrian Bridge Project; or (ii) the City fails to award the Developer a contract for the
construction of the 5th Street Pedestrian Bridge Project in an amount of approximately
$10,000,000.00 (with the final amount subject to negotiation thereof) prior to date on which
the Developer applies for the initial Building Permit for the Project or the Park Project, then (A)
the Developer shall have no obligation to provide the City with any credit against the
Developer's construction of the 5th Street Pedestrian Bridge Project whatsoever, and (B) the
Developer shall have no obligation to construct any of the Baywalk Improvements whatsoever.
19 Developer shall design and construct, at Developer's sole cost and expense, an
elevated terminus/platform (approximately 14-15 feet above grade) to accommodate the City's
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design and construction of the future pedestrian bridge across West Avenue (the "Future
Pedestrian Bridge Platform"), in accordance with the following:
19.1 The Developer shall submit the proposed design for the Future
Pedestrian Bridge Platform to the City for its approval (which approval shall not be
unreasonably withheld, conditioned or delayed) prior to applying for a Building Permit for the
Future Pedestrian Bridge Platform;
19.2 Upon completion of the Future Pedestrian Bridge Platform (as evidenced
by the issuance of a temporary certificate of occupancy, a final certificate of occupancy or a
certificate of completion), the Developer shall grant the City a perpetual, non-revocable right to
connect and attach improvement's thereto at the City's sole cost and expense, subject to the
Developer's prior review and written approval (which approval shall not be unreasonably
withheld, conditioned or delayed) of such improvements and methods of connection and/or
attachment; and
19.3. For a period of twelve (12) months following the Effective Date (or for
such longer period, if agreed to in writing by the City Manager and the Developer), the City and
the Developer agree to exercise diligent, good-faith efforts to negotiate and draft terms
(whether such terms are memorialized in the form of an amendment to this Development
Agreement, or in a separate stand-alone agreement), for the Developer to develop, design
and/or construct the pedestrian bridge over and across 5th Street and West Avenue, to connect
the baywalks south of 5th Street with the area north of 5th Street (the "5th Street Pedestrian
Bridge Project"); provided, however, that any such agreement with respect to the 5th Street
Pedestrian Bridge Project shall be subject to the prior approval of the City Commission, in its
sole and absolute discretion. The Developer acknowledges and agrees that any such
discussions are preliminary in nature only and non-binding, as the City (a) is not the owner of
5th Street and does not control' the air rights thereto, (b) has not obtained the requisite
proprietary or regulatory approvals for the 5th Street Pedestrian Bridge Project, and (c) has not
yet obtained any bond funding or other funding for the 5th Street Pedestrian Bridge
Project. The Developer and the City each reserve the right, in their sole and absolute
discretion, to reject any and all proposals and to terminate discussions and negotiations for the
5th Street Pedestrian Bridge Project at any time.
GENERAL PROVISIONS •
20 Applications for Development Approvals and Development Permits. This
Agreement contemplates that the Developer will file applications for Development Orders and
Development Permits. The City shall process all Development Permit and Development Order
applications in a timely fashion. Notwithstanding the foregoing, the Developer shall be solely
responsible for obtaining all final, non-appealable Development Orders and Development
Permits for the Project and the Park Project. No extension of any time period herein shall be
deemed to be an extension of any time periods contained within the Development Permits or
Development Orders.
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21 Laws Governing this Agreement. For the entire Term of this Agreement, the City
hereby agrees that the City's Land Development Regulations (as may be amended by the Land
Development Regulation Amendments) governing the development of the Property (including
the Project and the Park Project) as they exist as of the Execution Date of this Agreement shall
govern the development of the Property (including the Project and the Park Project) during the
entire Term of this Agreement. Notwithstanding the foregoing, the City may apply
subsequently adopted laws or policies of general applicability to the Property (including the
Project and the Park Project) (particularly as they may relate to qualify of life issues such as, but
not limited to noise, litter, and hours of operation) as permitted or required by the Act,
including, without limitation, Section 163.3233(2), Florida Statutes, as same may be amended
from time to time; provided, however, that in no event shall the City apply any subsequently
adopted law or policies in a manner that requires any alterations or modifications to the Project
(or the Park Project prior to the City taking ownership of the Park Improvements) or any
amendments or modifications to the Project Zoning Approvals (or the Park Zoning Approval
prior to the City taking ownership of the Park Improvements).
22 Compliance with Local Regulations Regarding Development Permits. This
Agreement is not and shall not be construed as a Development Permit, Development Order,
approval or authorization to commence any development, fill, or other land modification. The
Developer and the City agree that the failure of this Agreement to address a particular permit,
approval, procedure, condition, fee, term or restriction in effect on the Effective Date shall not
relieve the Developer of the necessity of complying with any such permit, approval, procedure,
condition, fee, term or restriction, subject however to the terms and provisions of this
Agreement.
23 Reservation of Rights. This Agreement shall not affect any rights that may have
accrued to any party to this Agreement under any applicable law, rule or regulation and each
party hereto reserves any and all of such rights.
24 Consistency with the City's Comprehensive Plan. The City has adopted and
implemented the Comprehensive Plan.The City hereby finds and declares that the provisions of
this Agreement dealing with the, Property (including the Project and the Park Project) are
consistent with the City's Comprehensive Plan and Land Development Regulations (as may be
amended by the Land Development Regulation Amendments), subject to all applicable
requirements, permits and approvals.
25 Concurrency. The Developer shall be solely responsible for obtaining all land use
•
permits for the Project, including, but not limited to, all permits and approvals required
pursuant to Section 163.3180, Florida Statutes (2017), with respect to concurrency
requirements for roads, sanitary sewer, solid waste, drainage, potable water, parks and
recreation, and schools (the "Concurrency Requirements"). Prior to applying for the initial
Building Permit for the Project; Developer shall apply to the appropriate governmental
authorities and obtain letters or other evidence that the Developer has satisfied all applicable
Concurrency Requirements with 'respect to the Project, and shall diligently and in good faith
29
obtain such letters or other evidence that the Project meets all applicable Concurrency
Requirements, and shall pay such impact fees or mobility fees as may then be due or applicable
to meet Concurrency Requirements.
26 Effective Date; Duration; and Term.
(a) Within fourteen (14) days following approval of this Agreement at two (2)
public hearings and the execution of this Agreement by all parties, the City shall record this
Agreement in the Public Records of Miami-Dade County. This Agreement shall become
effective only after it has been recorded in the Public Records of Miami-Dade County, Florida.
The Developer agrees that it shall be responsible for all recording fees related to the recording
of this Agreement.
(b) This Agreement shall run for an initial term of eight (8) years from the
Effective Date (the "Term"); provided, however, if the Developer completes construction of
Phase 1, Phase 2 and Phase 3 of the Park Project within the time periods set forth in
subparagraph 14(a) through (c) ;of this Agreement, then the Term shall automatically be
extended (without the need of any notice to or consent of the City, or being subject to any
public hearing) for an additional seventeen (17) years (so that the Term of this Agreement shall
be a total of twenty-five (25) years from the Effective Date). Except for the automatic
seventeen (17) year extension of tlhe Term set forth above (which does not require any consent
of the City or public hearing): (i).the Term of this Agreement may be extended only by the
mutual consent of the City and the Developer subject to a public hearing pursuant to Section
163.3225, Florida Statutes; and (ii) consent to any extension of this Agreement is within the
sole discretion of each party to this Agreement. No notice of termination shall be required by
either party upon the expiration of this Agreement, and after the expiration of this Agreement
the parties shall have no further obligations under this Agreement, except for those obligations
that expressly survive the expiration of this Agreement.
27 Permitted Development.
(a) Permitted Development and Uses. The Property is to be designated as
Medium Intensity Commercial Category (CD-2) according to the City's adopted Comprehensive
Plan Future Land Use Map. The Property is to be zoned CD-2 Commercial, Medium Intensity by
the City's Land Development Regulations. Subject to the restrictions set forth in the Covenant
in Lieu of Unity of Title, the CD-2 zoning district for the Property permits apartments; religious
institutions with an occupancy of 1199 persons or less; and alcoholic beverages establishments.
The Property may be used for 'the purposes permitted and regulated in these land use
designations and zoning districts as further limited by the by the City's Land Development
Regulations and Comprehensive Plan.
(b) Density, Building Heights, Setbacks and Intensities. The maximum density,
heights, setbacks and intensities fpr any development on the Property shall be regulated by the
City's Land Development Regulations, Comprehensive Plan and any applicable Federal, State or
County laws, rules and regulations. Subject to the restrictions set forth in the Covenant in Lieu
30
of Unity of Title,the CD-2 land use,rdesignation, the maximum residential density is 100 dwelling
units per acre.
28 Public Facilities to Serve the Property. A description of the public facilities that
will service the Property, including who shall provide such facilities, the date any new facilities,
if needed, will be constructed, and a schedule to assure public facilities are available concurrent
with the impacts of the development of the Property, is set forth in Exhibit "AA" attached
hereto and incorporated herein by this reference.
29 Public Reservations and/or Dedications. A description of the reservations and/or
dedications of land for public purposes that are proposed under the terms of this Agreement is
set forth in Exhibit"BB" attached hereto and incorporated herein by this reference.
30 Required Development Permits. A listing and description of all local
development permits approved or needed to be approved for the development of the Project
and the Park Project is set forth in!Exhibit "CC" attached hereto and incorporated herein by this
reference.
31 Default. Each of the following shall be an "Event of Default" by the Developer
hereunder:
(a) If the Developer shall fail to observe or perform any term, covenant or
condition of this Agreement on the Developer's part to be observed or performed and the
Developer shall fail to cure or remedy the same within (i) thirty (30) days of the Developer's
receipt of written notice from the,City with respect to monetary defaults, or (ii) sixty (60) days
of the Developer's receipt of w'ritten notice from the City with respect to non-monetary
defaults (each, a "Default Notice"). If such non-monetary default is susceptible to cure but
cannot reasonably be cured within such sixty (60) day period, then the Developer shall have
such additional time as is necessary to cure such failure and no Event of Default shall be
deemed to exist hereunder so long as the Developer commences such cure within such initial
sixty (60) day period and diligently and in good faith pursues such cure to completion.
(b) If, within ninety-six (96) months after the Effective Date, the
requirements of subparagraphs 17(a) through (d) have not been or deemed to have been
satisfied.
(c) If Developer fails to observe or perform any material term, covenant or
condition of the Purchase and Sale Agreement for the Park Site and the City Parcel, and as a
result thereof,the City terminates!the Purchase and Sale Agreement prior to Closing;
(d) If the Developer shall make an assignment for the benefit of creditors; or
shall admit in writing its inability to pay its debts generally as they become due; or shall consent
in writing to the appointment of receiver or trustee or liquidator of all or substantially all of its
property; or if all or substantially all of the assets of the Developer are attached, seized,
subjected to a writ or distress warrant, or are levied upon, and the same is not dismissed,
31
i
discharged or satisfied within one hundred fifty (150) days after such attachment, seizure,
subjection or levy occurs.
(e) If the Developer shall commence a voluntary case under the Title 11 of
the United States Code (the "Bankruptcy Code"); or an involuntary proceeding is commenced
against the Developer under the Bankruptcy Code and the same is not dismissed or stayed
within one hundred fifty (150) days after the commencement of the case; or a custodian (as
defined in the Bankruptcy Code) is appointed for or takes charge of all or substantially all of the
property of the Developer in any proceeding under the Bankruptcy Code and such custodian is
not discharged or dismissed within one hundred fifty (150) days after such appointment; or the
Developer consents in writing or joins in an application for the appointment of a custodian in
any proceeding under the Bankruptcy Code; or the Developer commences any other
proceedings under any reorganization, arrangement, readjustment of debt, relief of debtors,
dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter
in effect (an "Other Insolvency Proceeding") relating to the Developer; or there is commenced
against the Developer any such O1ther Insolvency Proceeding and the same is not dismissed or
stayed within one hundred fifty (150) days; or a custodian, trustee or person of similar capacity
is appointed for or takes charge of all or substantially all of the property of the Developer in any
such Other Insolvency Proceeding and such custodian, trustee or person of similar capacity is
not discharged or dismissed within one hundred fifty (150) days after such appointment; or the
Developer consents in writing orj joins in an application for the appointment of a custodian,
trustee or person of similar capacity in any such Other Insolvency Proceeding.
In the event the City shall claim any Event of Default shall have occurred under this
Agreement, the City's Default Notice shall state with specificity the provisions of this
Agreement under which the Event of Default is claimed, the nature and character of such Event
of Default, the date by which such Event of Default must be cured pursuant to this Agreement
(if applicable), and, if elected by the City, that the failure of the Developer to cure such Event of
Default by the date set forth in such Default Notice will result in the City having the right to
terminate this Agreement.
32 Enforcement of Performance; Damages; and Termination. If an Event of Default
occurs under this Agreement, and such Event of Default has not been cured within any
applicable notice and cure period, the City may elect (subject to the terms, conditions and
limitations set forth in this Agreement) any one or more of the following remedies:
(a) Enforce strict performance by the Developer;
(b) Terminate this Agreement; or
(c) Pursue any other remedy available to the City at law or in equity.
The City's election of a re p edy under this Agreement with respect to any one or more
Events of Default shall not limit or otherwise affect the City's right to elect any of the remedies
available to it under this Agreemep t with respect to any other Event of Default.
32
In the event the City elects to terminate this Agreement after the occurrence of an
Event of Default that was not cured within any applicable notice and cure period, and such
termination is stayed by order of any court having jurisdiction of any matter relating to this
Agreement, or by any federal or state statute, then following the expiration of any such stay,
the City shall have the right, at its election, to terminate this Agreement with five (5) Business
Days' written notice to the Develober, the Developer as debtor in possession, or if a trustee has
been appointed, to such trustee.
Notwithstanding anything to the contrary contained in this Agreement, in no event
whatsoever shall the Developer be liable to the City or any other person for any indirect,
special, incidental, consequential,' punitive, economic damages (including, without limitation,
diminution of property value) lost profits or similar damages, whether or not foreseeable or
advised of the possibility of the same, in connection with, arising from or as a result of any
Event of Default by the Developer under this Agreement or the condition of the Park Site
(including, without limitation, as disclosed in any of the Developer Environmental Assessments
and/or City Environmental Assessments); provided, however, if an Event of Default occurs
under this Agreement by reason of the Developer's failure to satisfy the Environmental
Contingency as required by this' Agreement, or if an Event of Default occurs under this
Agreement by reason of the Developer's failure to construct the Baywalk Improvements as
required by this Agreement, then', the Developer shall be liable to the City for all actual fees,
costs and expenses paid or incurred by the City in satisfying the Environmental Contingency as
required by this Agreement and/or in completing the construction of the Baywalk
Improvements as required by this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, in no event shall
the City have the right to terminate this Agreement after the Developer has conveyed the Park
Site to the City, unless the Event of Default is a "Material Event of Default" (as more specifically
defined below). For purposes of this subparagraph 32, the term "Material Event of Default"
shall mean:
(a) the Developer's failure to deliver the Recognition Agreement or Letter of Credit
to the City pursuant to and in accordance with the terms and provisions of this Agreement and
such failure is not cured within the notice and cure period set forth in subparagraph 31(a) of
this Agreement;
(b) the Developer's failure to cure any Park Related Default within the notice and
cure period set forth in subparagraph 31(a) of this Agreement, provided, however, any such
Park Related Default shall be deemed cured if the City draws funds any under the Recognition
Agreement or Letter of Credit (as applicable);
(c) the Developer's breach of any term or provision contained in Paragraph 43
(Transfer and Assignment) of this Agreement and such breach is not cured within the notice
and cure period set forth in subparagraph 31(a) of this Agreement;
33
(d) subject to the terms of this Agreement, the 6th Street Easement Agreement, the
5th Street Easement Agreement and the Future Pedestrian Pathway Parcel Easement
Agreement, the Developer's failure to provide unrestricted ingress and egress to the general
public under the 6th Street Easement Agreement, the 5th Street Easement Agreement or the
Future Pedestrian Pathway Parcel Easement Agreement in breach of the terms thereof and
such breach is not cured within the notice and cure period set forth in subparagraph 31(a) of
this Agreement; and
(e) failure to comply with the indemnification obligations pursuant to Paragraphs 44
and 45 of this Agreement and such failure is not cured within the notice and cure period set
forth in subparagraph 31(a) of this Agreement.
(f) failure to pay any applicable impact fees, concurrency fees or mobility fees, if
applicable pursuant to Paragraph 11 of this Agreement, and such failure is not cured within the
notice and cure period set forth in subparagraph 31(a) of this Agreement.
The City hereby acknowledges and agrees that its sole and exclusive remedy for any
Event of Default by the Developer under this Agreement that is not a Material Event of Default
shall be limited to an action for damages and/or specific performance to the extent such
remedies are available and permitted to the City under this Agreement and applicable law.
If the City violates, breaches or defaults on any term, covenant, condition or other
provision of this Agreement (a "City Default"), then the Developer shall have all rights and
remedies available to it under this Agreement, at law and/or in equity (including, without
limitation, an action for specific performance and injunctive relief to enforce the terms,
covenants, conditions and other provisions of this Agreement) against the City as a result of or
arising out of such City Default. The Developer's election of a right or remedy under this
Agreement, at law and/or in equity with respect to any City Default shall not limit or otherwise
affect the Developer's right to elect any other right or remedy available to it under this
Agreement, at law and/or in equity with respect to the same or any other City Default.
33 City's Right of Self-Help for Demolition. In addition to any other rights and
remedies available to the City at law or in equity, if the Developer fails to timely demolish the
South Shore Hospital in accordance with the requirements of Paragraph 10 of this Agreement,
and if the Developer fails to timely cure such failure within the cure period set forth in
subparagraph 31(a) of this Agreement, then the City shall have the right, but not the obligation,
to enter the Development Site and demolish the South Shore Hospital. All sums reasonably
disbursed, deposited or incurred by the City in connection with such demolition, including but
not limited to any costs of permitting such demolition, shall be paid by the Developer to the
City within thirty (30) days of demand. If payment is not made by the Developer, then upon the
recording in the public records of Miami-Dade County, a certificate executed by the Building
Official, certifying the amount so expended, the same shall become a special assessment lien
against the Development Site, and until fully paid and discharged, shall remain a lien equal in
rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to
all other liens, encumbrances, titles and claims in, to or against the Development Site. The
34
Developer hereby irrevocably grants to the City a license to enter the Development Site for the
purposes of curing any Event of Default under Paragraph 10 of this Agreement and to
effectuate the provisions of this Paragraph 33.
34 Termination Outside of Default. In the event either party chooses to exercise its
right to terminate this Agreement under any of Paragraphs 4(a), 7(c), 7(d), 7(f) or 11 of this
Agreement (apart from the City's right to terminate under Paragraph 32 of this Agreement as a
result of an Event of Default byi Developer), each party shall bear its own fees, costs and
expenses incurred in connection ;with this Agreement, the Project and the Park Project, and
neither party shall have or owe any further obligation or liability to the other party. Moreover,
in the event that the Purchase and Sale Agreement is terminated prior to the "Closing Date" (as
such term is defined in the Purchase and Sale Agreement), then this Agreement shall
automatically terminate, and each party shall bear its own fees, costs and expenses incurred in
connection with this Agreement, the Project and the Park Project, and neither party shall have
or owe any further duty, obligation or liability to the other party.
35 Strict Performance; Waiver. No failure by the City or the Developer to insist
upon strict performance of any covenant, agreement, term or condition of this Agreement or to
exercise any right or remedy available to such party by reason of the other party's default
hereunder shall constitute a waiver of any such default or of such other covenant, agreement,
term or condition hereunder.
36 Notices. All notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in'a postage prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
With copiesito: Holland & Knight LLP
701 Brickell Avenue
Miami, Florida 33131
Attn: Joseph G. Goldstein
If to Developer at: KGM Equities, LLC
2200 Biscayne Boulevard
Miami, Florida 33137
35
Attn: David Smith
With a copy to: KGM Equities, LLC
2200 Biscayne Boulevard
Miami, Florida 33137
Attn: Michael Sheitelman
With a copy to: Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard
Miami, Florida 33131
Attn: Michael W. Larkin
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed given
three (3) days after deposit in th'e U.S. mails. The terms of this Paragraph shall survive the
expiration or earlier termination of this Agreement.
37 Governing Laws, Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The Developer and the City agree that
Miami-Dade County, Florida is the appropriate and exclusive state court venue, and that the
U.S. District Court, Southern Division of Florida is the appropriate and exclusive federal court
venue, in connection with any litigation between the parties with respect to this Agreement. All
of the parties to this Agreement have participated fully in the negotiation and preparation
hereof; and accordingly, this Agreement shall not be more strictly construed against any of the
parties hereto. In construing this'Agreement, captions, and section and paragraph headings
shall be disregarded and the use of any gender shall include every other and all genders. All of
the exhibits referenced in this Agreement are incorporated in, and made a part of, this
Agreement. In the event of any litigation between the parties under this Agreement for a
breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court
costs at all trial and appellate levels. BY ENTERING INTO THIS AGREEMENT THE CITY AND THE
DEVELOPER EXPRESSLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY WITH
RESPECT TO ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. The
terms of this Paragraph shall survive the expiration or earlier termination of this Agreement.
38 Severability. In the event any term or provision of this Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed to be in full force and effect.
39 Time of Essence. time shall be of the essence for each and every provision
hereof.
36
40 Entire Agreement.;This Agreement, together with the documents referenced
herein, constitutes the entire agreement and understanding among the parties with respect to
the subject matter hereof, and there are no other agreements, representations or warranties
other than as set forth herein. Neither party shall be bound by any agreement, condition,
warranty nor representation other than as expressly stated in this Agreement. This Agreement
may not be changed, altered or modified except by an instrument in writing signed by both
parties hereto, subject to the requirements for the amendment of development agreements in
the Act.
41 Other Agreements. This Agreement has no effect on any other agreement, the
City's development orders, or declaration of restrictions otherwise encumbering the Property.
Any and all agreements currently in the public records remain valid. The parties incorporate by
reference each and every requirement set forth in the Act.
42 Binding Effect. The obligations imposed pursuant to this Agreement upon the
Developer and upon the Property shall run with and bind the Property as covenants running
with the Property, and this Agreement shall be binding upon and enforceable by and against
the parties hereto and their respective successors, assigns and heirs.
43 Transfer and Assignment. The Developer shall not be entitled to assign or
transfer this Agreement or any ofthe rights and obligations hereunder prior to the satisfaction
or deemed satisfaction of the conditions set forth in subparagraphs 17(a) through (d) of this
Agreement without the prior written consent of the City (which consent may be withheld,
conditioned or delayed in the sole and absolute discretion of the City), except as hereinafter
provided. The Developer shall have the right at any time and from time to time to sell, transfer
and convey all or any portion of the Property to any person or entity (a "Subsequent Owner")
and assign and transfer this Agreement and the rights and obligations hereunder in whole or in
part to any Subsequent Owner in connection with such sale, transfer or conveyance of the
Property or any portion thereof without the prior consent or approval of the City, provided that
a "Galbut Entity" (as more specifically defined below) shall at all times (a) hold, directly or
indirectly, not less than a 10% ownership interest in the Development Site, (b) serve, directly or
indirectly, as a manager of the entity that is developing the Project and the Park Project, and (c)
exercise, directly or indirectly, day-to-day operational control of the entity as the manager of
the entity that is developing the Project and the Park Project; provided, further, that this
Agreement and therights and obligations hereunder can be assigned and transferred to any
lender, lender designee or non-lender affiliated purchaser (any of the foregoing being referred
to herein as a "Foreclosure Purchaser") who acquires the Property or any portion thereof
through a foreclosure sale or deed-in-lieu of foreclosure without the prior consent or approval
of the City. This Paragraph 43 and the restrictions, limitations and prohibitions contained
herein shall automatically terminate, extinguish and be of no further force or effect
immediately upon the earlier of the following events to occur (y) the satisfaction or deemed
satisfaction of the conditions set forth in subparagraphs 17(a) through (d) of this Agreement, or
(z) the acquisition of the Property or any portion thereof by any Foreclosure Purchaser through
a foreclosure sale or deed-in-lieu of foreclosure; whereupon, the Developer, any Subsequent
37
Owner and/or any Foreclosure Pull-chaser shall have the absolute and unconditional right to sell,
transfer and convey all or any portion of the Property to any person or entity and to assign and
transfer this Agreement and the i rights and obligations hereunder in whole or in part to any
person or entity in connection With such sale, transfer or conveyance of the Property or any
portion thereof without the prior'consent or approval of the City whether or not a Galbut Entity
(aa) holds, directly or indirectly, any ownership interest in the Development Site, (bb) serves,
directly or indirectly, as a manager of the entity that is developing the Project and the Park
Project, or (c) exercises, directly Or indirectly, day-to-day operational control of the entity as the
manager of the entity that is developing the Project or the Park Project. Any assignee or
transferee (including, any Subsequent Owner or Foreclosure Purchaser) shall assume all
remaining obligations of the Developer under this Agreement at the time of such assignment or
transfer of this Agreement. For purposes of this Paragraph 43, the term "Galbut Entity" shall
mean: (ww) Russell Galbut; (xx) any spouse, child, grandchild, brother, sister, niece, nephew or
first cousin of Russell Galbut, or of any combination of the foregoing; (yy) any trust established
for the benefit of Russell Galbut, or any spouse, child, grandchild, brother, sister, niece, nephew
or first cousin of Russell Galbut, or of any combination of the foregoing; and/or (zz) any entity
owned, directly or indirectly, one hundred percent (100%) by Russell Galbut, or any spouse,
child, grandchild, brother, sister, niece, nephew or first cousin of Russell Galbut, or any trust
established for the benefit of Russell Galbut, or any spouse, child, grandchild, brother, sister,
niece, nephew or first cousin of Russell Galbut, or of any combination of the foregoing.
44 Force Majeure and Third Party Challenges. All time periods set forth in this
Agreement and in any approval or permit issued in connection with the Project and/or the Park
Project will be tolled due to force majeure events (including, without limitation, strikes,
lockouts, acts of God, hurricanes and severe weather, and other causes beyond the control of
either party), and due to delays in obtaining permits and approvals from governmental
agencies, during the pendency of any "Lawsuit" (as hereinafter defined) and any unexpired
appeal period thereof, and during any dispute between the Developer and the City with respect
to the construction documents for the Park Project under Paragraph 12 of this Agreement. In
the event that a third party unrelated to or unaffiliated with the City or the Developer institutes
any action, suit or proceeding relating to the Project and/or the Park Project, including, without
limitation, any action, suit or proceeding challenging the validity or issuance of the Vacation
Resolution, this Agreement, they Land Development Regulation Amendments, the Project
Zoning Applications, the Project Zoning Approvals, the Park Zoning Application, the Park Zoning
Approval or any Building Permit (in each instance, including any related appeals, a "Lawsuit"),
then the Developer shall defend) any such Lawsuit at its sole cost and expense using legal
counsel reasonably acceptable to'the City. The Developer shall further indemnify and hold the
City harmless from and against all actual damages, losses, liabilities, fees, cost and expense
(including attorneys' fees, costs and expenses) of any and every kind arising out of or relating to
any such Lawsuit. This paragraph)shall survive the expiration or any earlier termination of this
Agreement.
If a Lawsuit is commenced prior to the vacation and conveyance of the City Parcel as
contemplated by this Agreement, then the City shall not be required to effectuate such
38
vacation and conveyance of the City Parcel until thirty (30) days after the Lawsuit has been
completed and finally disposed of (by judgement, settlement or otherwise) on terms and
conditions acceptable to Developer in its sole and absolute discretion; provided, however, if the
Lawsuit is still pending more than sixty (60) months after it has been commenced, then either
party, at its option, may from and 'after the expiration of such sixty (60) month period and while
the Lawsuit remains unresolved; elect to terminate the transaction contemplated by this
Agreement by delivering a written notice of termination to the other party, whereupon the
Vacation Resolution shall be rescinded and this Agreement shall be terminated, and the City
and the Developer shall have no further obligation and/or liability to each other hereunder.
45 Indemnification of City. The Developer shall indemnify, defend and hold
harmless the City from and against any actual damages, losses, liabilities, fees, costs and
expenses incurred by the City in a!ny action, suit or proceeding brought against the City by any
third-party as a result of any negligent act or omission of the Developer and/or its officers,
directors, managers, members, employees, contractors and agents in performing under this
Agreement. The Developer shall directly pay all actual costs and expenses related to any
expense or cost charged, or legal defense required by the City, using legal counsel reasonably
acceptable to the City, pursuant 'to the foregoing. The City shall reasonably cooperate and
collaborate (but at no expense to the City) with the Developer in connection with any legal
proceeding in which the Developer is defending the City. This paragraph shall survive the
expiration or any earlier termination of this Agreement.
46 Corporate Obligations. It is expressly understood that this Agreement and the
obligations issued hereunder are solely corporate obligations, and that no personal liability will
attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors,
managers, members, partners, trustees, beneficiaries, elected or appointed officials (including,
without limitation, the Mayor and City Commissioner of the City) or employees, as such, of the
Developer, the City, or any successor or assign of any of them, under or by reason of the
obligations, covenants or agreements contained in this Agreement or implied therefrom; and
that any and all such personal liability, either at common law or in equity or by constitution or
statute, of, and any of all such rights and claims against, every such incorporators, stockholders,
officers, directors, managers, members, partners, trustees, beneficiaries, elected or appointed
officials (including, without limitation, the Mayor and City Commissioner of the City) or
employees, as such, or under Or by reason of the obligations, covenants or agreements
contained in this Agreement or implied therefrom are expressly waived and released as a
condition of, and as consideration:for, the execution of this Agreement.
47 No Conflict of Interest. The Developer represents and warrants that no member,
official or employee of the City has any direct or indirect financial interest in this Agreement nor
has participated in any decision relating to this Agreement that is prohibited by law. The
Developer represents and warrants that no officer, agent, employee, or representative of the
City has received any payment or other consideration for the making of this Agreement, directly
or indirectly,from the Developer.
39
48 No Third Party Beneficiaries. This Agreement is not intended to, and shall not
be construed to give, any third party (including, without limitation, any homeowners
association, condominium association, or neighborhood association in the surrounding area, or
any individual members thereof) any rights or interests whatsoever, nor is it intended that any
third party shall be a third party beneficiary of any provisions hereof.
49 Limitations of Liability and Waiver of Consequential Damages.
(a) Any tort liability to which the City is exposed under this Agreement shall
be limited to the extent permitted by applicable law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, as may be amended, which statutory
limitations shall be applied as if the parties had not entered into this Agreement, and City
expressly does not waive any of its rights and immunities thereunder.
(b) The City will not in any event whatsoever be liable for any injury or
damage to the Developer (unless' caused by the gross negligence or willful misconduct of the
City, its agents, contractors or employees), nor for any injury or damage to the Property (unless
caused by the gross negligence or willful misconduct of the City, its agents, contractors or
employees), caused by the use, (misuse or abuse of the City Parcel or the Park Site (unless
caused by the gross negligence or willful misconduct of the City, its agents, contractors or
employees).
(c) The City will not be liable to the Developer for any injury or damage to
the Property caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane,
tornado, flood, wind or similar storms or disturbances, or water, rain or snow which may leak or
flow from any part of the City Parcel or the Park Site, or leakage of gasoline or oil from pipes,
appliances, sewer or plumbing works therein (unless caused by the gross negligence or willful
misconduct of the City, its agents,lcontractors or employees).
(d) Except as mlay be otherwise expressly provided herein, no approval to be
made by the City in its proprietary capacity under this Agreement or any inspection of the
Project or Park Project by the C ty under this Agreement, shall render the City liable for its
failure to discover any defects or nonconformance with any governmental requirement.
No member, official, elected representative or employee of the City shall be personally liable to
the Developer or any successor, assign or heir thereof in the event of any default or breach of
this Agreement by the City or for any amount which may become due to the Developer or
successor, assign or heir thereof under this Agreement.
50 Police Power.
(a) The parties recognize and agree that certain provisions of this Agreement
require the City and its boards, departments or agencies, acting in their governmental capacity,
to consider governmental actions. All such considerations and actions shall be undertaken in
accordance with established requirements of state statutes and municipal ordinances in the
40
li
exercise of the City's jurisdiction under the police power. Nothing contained in this Agreement
shall entitle the Developer to compel the City to take any such actions, save and except for the
execution of consents (if applicable) to the filing of applications for the Project Approvals, the
Park Approvals, Development Permits and/or Development Orders as more fully set forth
herein and to timely process such applications.
(b) The parties further recognize and agree that these proceedings shall be
conducted openly, fully, freely and fairly in full accordance with law and with both procedural
and substantive due process to be accorded the applicant and any member of the public.
Nothing in this Agreement shall be construed to prohibit the City from duly acting under its
police power to approve, approve with conditions, or reject any public hearing application
dealing with the Property.
51 Conflict. In the event of an inconsistency or conflict between the terms of this
Agreement and the terms of the Vacation Resolution,the terms of this Agreement shall control.
41
I
EXECUTED as of the date first above written in several counterparts, each of which
shall be deemed an original, but al;l constituting only one agreement.
Signed, sealed and •. livered CITY OF MIAMI BEACH,
in the 0resence of: a Florida municipal corporation
Print Ime: J 'rn 0 ,
By: 0--------74
Print Name: Eli' , . Name: 1)avt Cel , (}11Gt.l t '
Att wa1"AlV i w
STATE OF FLORIDA ) �� � 0
)Ss $ 1.INCORP ORATED: d
COUNTY OF MIAMI-DADE ) if
\ .��4�
4. 5(/' • �Oj fes_
The foregoing instrument was acknowle•_i;• Wf&s. .1.'4 this day of
,12011, by !��1r� 'IT - , as Mayor of the
City of Miami Beach, a municipal'corporation, on behalf of the Corporation. H_e is personally
known to me or has produced as identification and who did
not)take an oath.
/ / )14,/?A__0_9--
.
No ARY 'UBLIC
....,-;:,1',;'...o, YAMILEX MORALES
SAW N Cammissian#00ic 011355ila ''nn�
_,� My Comm.Expires Mar 16,2021
Erni/eK MOredes
• F�... • Bonded through Hatton!/Wary Assn. Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
42
ir
500 ALTON ROAD VENTURES, LLC, a
i /
Dela e I ted lability company
By:
�a«� avid Smith, Vice President
Print 1ame: vt' LL 0OtleS
1
Of ' itrYNIT44v
Print Name: _FYi G 0p vtei4r
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
201 by DAVID SMITH, as a Vice President of 500 ALTON ROAD VENTURES, LLC, a Delawa e
limited liability company, on behalf of the company. He is personally known to me or has
produced DL# (.5" -, -/ G3"3a7`d as identification and who did/did not take
an oath. /
ki/b/-7.4_-6- 3
Il
roe VAMILEXMORALES N��TARY PUBLIC
11-
21
"T%' Notary Public-5tatepfFlonda
., CommisslongG�071355 T pe• or printed Name of Notary
''! My Comm.Expires Mar 16,2, sn
' goadedthroughNadoaalNotaryAssn. r My Commission expires:
Serial No., if any
1
43
1220 SIXTH, LLC, a Delaware limited liability
company 4
ii. _
By: S c
L=: _:.__,------i--
Davi• h,Vice Pr- sent
Print Nam : j i, n-i y Ay( ova he-S
gat; (2,,A4k-- ,
Print Name: '' ,, (v .P,,, LPA✓
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this /14 day of Slew
Ca
20e by DAVID SMITH, as a Vice President of 1220 SIXTH, LLC, a Delaware limited liabili
company, on behalf of the company. He is personally known to me or has produced
INL 'ss3rr'/0-(o3- 32-7-D 1 as identifica ion and who did/di of take an oath.
/ �
. N' AR PUBLIC
Y',,, YAMILEX MORALES T, p-• or printed Name of Notary
,.�q -�`''- Notary Public-State of Florida
.� Commission*GG 071355 MyCommission expires:
u� �P; My Comm.Expires Mar 1,6,2021
�''%,'t'oFas:••'� Bonded through NatlonalNotaryMM. Serial No., if any
44
SOUTH BEACH HEIGHTS I, LLC, a Delaware
I
limited liability company
By: KGM Equities, LLC, Manager of South
( ,
Beach Heights I, LLC, a Florida limited
liabilit company
„mil tai
lonimo. By:
Print N. e: it en"-t t/icee-vrx Lei David Smith, Manager of
KGM Equities, LLC
•
L Am
1,'
Print Name: 7e't.,.. Cot✓pcv► }-e 1,
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE ) QQ
The foregoing instrument was acknowledged before me this elie ofliar ,
2015 by David Smith, as Manager of KGM Equities, LLC, a Florida limited liability company,the
Manager of South Beach Heights I, LLC, a Delaware limited liability company. He is personally
known to me or has produced D(. .5,5-30—/6:2—e- 3?-7-O as identification and
whJd/did not take an oath. n
No ARY PUBLIC
vPUbExMoteo T • _• or printed Name of Notary
:•°otP�`�P'%=; Notary Public-State of Florida
'f . .24 Commission#GG 071355
iiit'el �` My Comm.ExptresMar16,2021 My Commission expires:
;E`F 0 ' aondedthrough National Notary Paso,
Serial No., if any
•
i
45 .
KGM EQUITIES, LLC, a Delaware limited
liability company 1
By: c F)- 4/)._
�_ _� David Smith, President
„r-
Print l1 me: _, ,,, ,, . ,, ', ei
1
t ; Pte'.
Print Name: G(''kil)e.t, -1-e--4,—
STATE
�STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument; was acknowledged before me this /4 day ofc.ric
2013_ by DAVID SMITH, as President of KGM EQUITIES, LLC, a Delaware limited liabi a
company, on behalf of the company. He is personally known to me or has produced
1b 5530'kivt?'63',3d—b ' as identification and who di• •id not take an oath.
I ._ei ____/... / ' 4_.,e_ =•
1 ' *TAR PUBLIC
1
YAMILEX MORALES yp-, or printed Name of Notary
': `4;14'4;7-- Notary Public-State of Florida
'� CommissiontlGG07135 My Commission expires:
•rin•€ Mycomm.ExpiresMat16,2021 .
.' oF� BcrdedtFroug�N °"�NO�rykm Serial No., if any
a
.
46
TABLE OF EXHIBITS
EXHIBIT"A"-LEGAL DESCRIPTION OF DEVELOPER PROPERTY
EXHIBIT"B"- LEGAL DESCRIPTION OF CITY PARCEL
EXHIBIT"C"-LEGAL DESCRIPTION OF PROPERTY
EXHIBIT"D"-LEGAL DESCRIPTION OF PARK SITE
EXHIBIT"E"- LEGAL DESCRIPTION OF DEVELOPMENT SITE
EXHIBIT"F" - 5TH STREET EASEMENT
EXHIBIT"G"- DESCRIPTION OF MIRADOR 1 BAYWALK
EXHIBIT"H"-DESCRIPTION OF MIRADOR 2 BAYWALK
EXHIBIT"I"- DESCRIPTION,OF MONDRIAN BAYWALK
EXHIBIT"J"-COVENANT IN LIEU OF UNITY OF TITLE
EXHIBIT"K"-HOLD HARMLESS AGREEMENT
EXHIBIT"L"-PARK CONCEPT PLAN
EXHIBIT"M"-PURCHASE AND SALE AGREEMENT
EXHIBIT"N"-VACATION RESOLUTION
EXHIBIT "0"-6TH STREET EASEMENT AGREEMENT
EXHIBIT"P"-FUTURE PEDESTRIAN PATHWAY PARCEL
EXHIBIT"Q"- FUTURE PEDESTRIAN PATHWAY PARCEL EASEMENT AGREEMENT
EXHIBIT"R"-FIFTH STREET EASEMENT AGREEMENT
EXHIBIT"S"-WEST AVENUE SIDEWALK EASEMENT
EXHIBIT"T"-WEST AVENUE SIDEWALK EASEMENT AGREEMENT
EXHIBIT "U" - TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM
WATER AND TRANSPORTATION IMPROVEMENTS
EXHIBIT"V" - FLORIDIAN PARKING EASEMENT
EXHIBIT"W" - FLORIDIAN PARKING EASEMENT AGREEMENT
EXHIBIT"X"-TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
EXHIBIT"Y"-THE REPLACEMENT ORDINACE
EXHIBIT"Z"- PARK PHASED CONSTRUCTION PLAN
EXHIBIT"AA"- DESCRIPTION OF PUBLIC FACILITIES
EXHIBIT"BB"- DESCRIPTION OF PUBLIC RESERVATIONS
EXHIBIT"CC"- DESCRIPTIOIN OF REQUIRED DEVELOPMENT PERMITS
EXHIBIT"A"-LEGAL DESCRIPTION OF DEVELOPER PROPERTY
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER : 6844-12 )
3921 SW 47THAVENUE, SUITE 1011
DAVIE, FLORIDA' 33314 CLIENT :
CERTIFICATE OF,••' PHONE (954) 689-7766ZA689-7799
6448
CRESCENT HEIGHTS
FAX (954)
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS 1, 17, 18 AND 19 AND THAT
CERTAIN 15 FOOT VACATED ALLEY LYING WITHIN SAID LOTS, OF "AMENDED PLAT OF
AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 11;
THENCE NORTH 89'37'30"I EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A
DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 00'22'51"' EAST ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 10, A
DISTANCE OF 277.46 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET,
A CENTRAL ANGLE OF 87100'49" AND AN ARC DISTANCE OF 99.47 FEET;
THENCE SOUTH 86'38'28" EAST, A DISTANCE OF 112.67 FEET TO A POINT ON A
NON-TANGENT CURVE (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'33'06" WEST);
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET,
A CENTRAL ANGLE OF 46'06'19" AND AN ARC DISTANCE OF 23.58 FEET;
THENCE NORTH 24'20'35" WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16, A
DISTANCE OF 73.04 FEET,TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335.75 FEET, A
CENTRAL ANGLE OF 23'57'44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST
DESCRIBED COURSE BEING ALONG THE WEST LINE OF SAID LOTS 16, 15 AND 14);
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID LOTS 13, 12 AND 11, A
DISTANCE OF 130.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF
BEGINNING.
LAND DESCRIPTION CONTINUED...
•
REVISIONS DATE I FB/PG DWN CKDN LAND DESCRIPTION PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/16 AM REC AND SKETCH ` 500-600-700 ALTON
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
ADDED CERTIFIED TO 01/25/19 AM REC OVERALL SITE SCALE: N/A
NOT INCLUDING
6TH STREET ( SHEET 1 OF 5
1
COUSINS SURVEYORS & ASSOCIATES, INC, PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
DAVIE, FLORIDA 33314
••' CERTIFICATE PHONE (954) 689-7766ZAFAXN(954) 6894 78799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION CONTINUED...
TOGETHER WITH:
A PORTION OF LOTS 1 AND 2, AND LOTS 3 THROUGH 14, INCLUSIVE, AND LOTS 23
THROUGH 32, INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
111.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 73'36'39" AND AN ARC DISTANCE OF 19.27 FEET;
THENCE NORTH 16'45'51" WEST, A DISTANCE OF 51.32 FEET;
THENCE NORTH 11'41'42" WEST, A DISTANCE OF 50.99 FEET;
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF
250.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
10.00 FEET;
THENCE NORTH 00'22'51" WEST ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID BLOCK 2, A DISTANCE OF 350.00 FEET;
THENCE NORTH 89'37'00" EAST ALONG THE NORTH LINE OF SAID LOT 14, A DISTANCE OF
140.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 14 THROUGH 11, A
DISTANCE OF 200.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 23, A DISTANCE OF
170.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF
495.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
155.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE COUNTY,
FLORIDA; CONTAINING 273,429 SQUARE FEET OR 6.2771 ACRES MORE OR LESS.
•
REVISIONS DATE FB/PG DWN CKD' LAND DESCRIPTION 'PROPERTY :
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH 500-600-700 ALTON
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
ADDED CERTIFIED TO 01/25/19 AM REC OVERALL SITE (SCALE: N/A
NOT INCLUDING
• 6TH STREET ( SHEET 2 OF 5
COUSINS SURVEYORS & ASSOCIATES, INC. ,PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
ifialk DAVIE, FLORIDA 33314 CLIENT :
Til'� CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
Ak LAND DESCRIPTION AND SKETCH
WNW
NORTHERLBY MOST
NORTHWEST CORNER 6TH STREE_T_ —_—_—
LOT 11 PLATTED CENTERLINE o
Lritri
N N89°37'30"E 210.00' N _ I
I r- • , MOWN UNE-LOT 11 ! NORTH UNE-LOT 10R.2.9.00'
R=2o.0o ,
o N c A =89°59'39"
2` 001
X5.0 �o� °oo LOT 11 LOT 10 A=31.41' . ,.
o I I o I I4 I
00 ` II
rr,, - - 50.0
Iw � =N ' I
•'- '"R h O LOT 12 LOT 9 71
Li
Li
Iw I q
1
�I d cr) , z o CO O �I I
,..._,'0 j^ p W i 1 ^ LOT B aI I�
I i. �= ' d' o .1 IWZ
ailN W
LOT 13 to Q l a m, L,_ U LOT 7 co
C cd U
gj-I le
W twin I N, g 0 2 O 44-5 644 z Is
, 'w Q^ m d >ce) coMLOT 6 2 `71 I- ,a
IIli,l'` LOT 14 J .9.-.F 'CrQ d o S I I
~
LJ
QD D LOTS Q ZI
I 0
I w O w W m
1 �. } _ _ � QQZN
fid, - ,
1 w I , m LOT I I
1 •^ CI0� � LOT15
ti p M `y I I v I I
3 LOT 3
1 a III
\ , II
45.0'
LOT 2
\ 0- II
-1 I-I LOT 16 I 15' ALLEY
a,m i (P.9. 21, PG. 83. M/D.C.R.) . .'
D.
, } T LOT 1 I I
_ QZ._� I
O ( I
isZ c2 N , LOT 17 i I I I
\w c_�v.� SII •3 LOT 18 I LOT 19 1 R=65.5 I I I
o e;,, a .� , A=87'°00 49" I I
\4z-,.
��- h 2e A=99.47'
\ r/ ` I ' I I
\ N86°36'28"E 1112.67' •
\
5TH STREET o
\ MACARTHUR CSW_ Y M — — —j
PLATTED CENTERLINE
(STATE ROAD A—1—A)
REVISIONS DATE FB/PG DWN CKD' LAND DESCRIPTION �PR0PERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH `500-600-700 ALTON '
REVISED L/D AND SKETCH 09/27/18 AM REC FOR e1
ADDED CERTIFIED TO 01/25/19 AM REC OVERALL SITE `SCALE: 1"
= 50' )
NOT INCLUDING ' )
` , 6TH STREET ,, SHEET 3 OF 5 J
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
AA DAVIE, FLORIDA 33314
••' PHONE CERTIFICATE
(954) 689OF U77661ZAFAXN(954): LB 6894778 99 CRESCENT HEIGHTS
Ak LAND DESCRIPTION AND SKETCH
�J I LOT 15
N89'37'307 140.00' LOT 18
F
NORTH LINE-LOT 14 0 _ -
I I _
35.0' LOT 14 1 LOT 19
1 w
1. _._.
10.0'—
o§
LOT 13 0 a LOT 20
• - 1-.1
O`� Y Cv o UO
'I �m' 8 LOT 12 -4? 03 LOTT 221
ILL CD
•'~�*LLOT 11 LOT 22 II ,.
N89'37'307 170.00'
•
0- I-• NORTH LINE-LOT 23
LOT 10 LOT 23
w I Li
N
I
w LOT 9 Cr) f/� ; W LOT 24 pyo
WI -----W----------NI-CG- N ---
Ir
�+ a. LOT 8 co00Q : w anM
0J >-
LOT 25 0
w c5
wi N893730E Qrcj QN o qI
10.00 LOT 7 W l i o LOT 26 w o
7 cx
"'% <
LOT 6 O LOT 27 I
ci, - --Irr 0I
I C2 61 O hI
LOT 5 w ! LOT 28 � I
Y '
a W
N LOT 4 m LOT 29
125.0 LOT 3 LOT 30 cv
1 Y
N• r i r r. C1
J
t gLOT 2 i o LOT 31 m
ti 1 1
k
1 1r -- R=15.00'
a-°::::* LOT 32
I P R=15.00' LOT 1o d=90°00'21"
� M d=73°36 39" J A=23.56' ` 50.0'
"'` A=19.27' SOUTH LINE':' SOUTH LINE
I e 'kn- • Lori or J7 r
S89°37'30'W 111.13' S89°3730"W 155.00' 1N —
T 6TH STREET
II
r REVISIONS DATE FB/PG DWN CKD' LAND DESCRIPTION PROPERTY :
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH ., 500-600-700 ALTON /
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
ADDED CERTIFIED TO 01/25/19 AM REC OVERALL SITE (SCALE: 1" = 80' )
NOT INCLUDING ' 1
6TH STREET .SHEET 4 OF 5 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
Adi% DAVIE, FLORIDA 33314 CLIENT :
v.l CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
A CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFY TO:
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
e. a
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
•
REVISIONS DATE FB/PG DWN CKD' LAND DESCRIPTION PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM REC AND SKETCH 500-600-700 ALTON
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
ADDED CERTIFIED TO 01/25/19 AM REC OVERALL SITE SCALE: N/A
NOT INCLUDING ' SHEET 5 OF 5
•
• 6TH STREET
EXHIBIT"B"-LEGAL DESCRIPTION OF CITY PARCEL
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
CERTIF•' PHONEICATE OF(954) 689-77661ZATION • LB FAX (954) 689- 7799 6448 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (6TH STREET)
A PORTION OF 6TH STREET AS SHOWN ON "AMENDED PLAT OF FLEETWOOD SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND "AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, OF SAID "AMENDED PLAT OF
FLEETWOOD SUBDIVISION";
THENCE NORTH 89°37'30" EAST ALONG THE SOUTH LINE OF LOT 32, BLOCK 2 OF SAID
"AMENDED PLAT OF FLEETWOOD SUBDIVISION" AND THE NORTH RIGHT OF WAY LINE OF
SAID 6TH STREET, A DISTANCE OF 155.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 00°22'51" EAST, A DISTANCE OF 85.00 FEET TO A POINT ON A TANGENT
CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET
AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL
ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE NORTH LINE OF LOT 10 AND LOT 11 OF
"AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE
OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 31.42 FEET;
THENCE NORTH 00'22'51" WEST, A DISTANCE OF 70.00 FEET;
THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE SOUTH LINE
OF SAID LOT 1, BLOCK 2, NORTH 89'37'30" EAST, A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE
COUNTY, FLORIDA; CONTAINING 12,720 SQUARE FEET MORE OR LESS.
REVISIONS DATE FB/PG DWN CKDN 'PROPERTY ADDRESS
LAND DESCRIPTION &,SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION `6TH STREET, MIAMI BEACH,
REVISED LAND DESCRIPTION & SKETCH 10/22/18 ---- AM REC AND SKETCH 1
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR ( SCALE: N/A
6TH STREET VACATION
( SHEET 1 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
II& DAVIE, FLORIDA 33314 CLIENT :
'QV CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION ANDSKETCH
r_____
___ _
Arint
`r I ,,_
i/
____
WEST A VENIUE.4;
-'1V00°,* 51"W o
.''
70100' ei CCI r
r--- T I n 0
R=20.00 I m
,A=90°00'21'' `O ^)
n7 m A=31.42' z ' o NI
+o
2 ' 0 m 0 --1 -1 `.%
r L''N zO I�m l?�
z m-,D 13
0 m 0 0. Ni Z3 m r
-1 r- \<-Om0 O m s
0 0-;0o N D
..a -1 nU)-(K)X1v 00 K
v z o'�rr', O Z
n J 0 s�INA ___-0_0_0
1.0 UULLT`L.EASEMENT_ _ _ _ .
-- m O o
i.33 v 3 KC --1
p Q I > p N 0
piTi rn n 0 ."
. pi Ni.o " y n o ?
I
- 1 - - -L---------�0���-- sJ� a 1 II = ..
' 15' ALLEY co<0 I- N
P.B. 21, PG. 83, M/D.C.R.)W y> - _)-. m rr^^ J =(A�
I ZO O v1'ZZ 69 I o I cW
A 4- w x�
I
n c :O DzO
v ; 1�+1
I -(T q
om0 m
co
0 O
`9 � Xx N
W
r ,- Q N
0 N
o m 25.00' 25.00' O
'
O O
-1
R=20.00' ° R=15.00'
A=89°59'39" A=90°00'21"
A=31.41' 15'00'221'51 "E A=23.56'
I 85.00'
ALTON ROAD
REVISIONS DATE FB/PG DWN C ' 'PROPERTY ADDRESS : 1
KD
LAND DESCRIPTION &SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION ..6TH STREET, MIAMI BEACH,
REVISED LAND DESCRIPTION &SKETCH 10/22/18 ---- AM REC1
AND SKETCH
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR ( SCALE: 1" = 40' i
6TH STREET VACATION
( SHEET 2 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
v„ CERTIFICATE
PHONE (954) 689-7 661ZAFAX (954) 6894 7799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
0 CENTRAL ANGLE
NOTES;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFICATIONS
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKDN "PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION `6TH STREET, MIAMI BEACH
REVISED LAND DESCRIPTION & SKETCH 10/22/18 ---- AM REC AND SKETCH
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR ( SCALE: N/A
6TH STREET VACATION ,
SHEET 3 OF 3
EXHIBIT"C"-LEGAL DESCRIPTION OF PROPERTY
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER ; 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS 1, 17, 18 AND 19 AND THAT
CERTAIN 15 FOOT VACATED ALLEY LYING WITHIN SAID LOTS, OF "AMENDED PLAT OF
AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 11;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A
DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 10, A
DISTANCE OF 277.46 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET,
A CENTRAL ANGLE OF 87'00'49" AND AN ARC DISTANCE OF 99.47 FEET;
THENCE SOUTH 86'38'28" EAST, A DISTANCE OF 112.67 FEET TO A POINT ON A
NON-TANGENT CURVE (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'33'06" WEST);
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET,
A CENTRAL ANGLE OF 46'06'19" .AND AN ARC DISTANCE OF 23.58 FEET;
THENCE NORTH 24'20'35" WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16, A
DISTANCE OF 73.04 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335.75 FEET, A
CENTRAL ANGLE OF 23'57'44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST
DESCRIBED CURVE BEING ALONG THE WEST LINE OF SAID LOTS 16, 15 AND 14);
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID LOTS 13, 12 AND 11, A
DISTANCE OF 130.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF
BEGINNING.
LAND DESCRIPTION CONTINUED...
REVISIONS DATE FB/PG DWN CKD, LAND DESCRIPTION PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH s. 500-600-700 ALTON
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
REVISED L/D AND SKETCH 10/22/18 AM REC OVERALL SITE `SCALE: N/A
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING / 1
6TH STREET SHEET 1 OF 7
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
al& DAVIE, FLORIDA 33314
••' CERTIFICATE PHONE (954) 689U7766ZATION : LB #FAX (954) 6894 C48 RESCENT HEIGHTS
7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION CONTINUED...
TOGETHER WITH:
A PORTION OF LOTS 1 AND 2, AND LOTS 3 THROUGH 14, INCLUSIVE, AND LOTS 23
THROUGH 32, INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
111.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 73'36'39" AND AN ARC DISTANCE OF 19.27 FEET;
THENCE NORTH 16'45'51" WEST, A DISTANCE OF 51.32 FEET;
THENCE NORTH 11'41'42" WEST, A DISTANCE OF 50.99 FEET;
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF
250.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
10.00 FEET;
THENCE NORTH 00'22'51" WEST ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID BLOCK 2, A DISTANCE OF 350.00 FEET;
THENCE NORTH 89'37'00" EAST ALONG THE NORTH LINE OF SAID LOT 14, A DISTANCE OF
140.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 14 THROUGH 11, A
DISTANCE OF 200.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 23, A DISTANCE OF
170.00 FEET;
THENCE SOUTH O0'22'51" EAST ALONG THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF
495.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
155.00 FEET TO THE POINT OF BEGINNING.
LAND DESCRIPTION CONTINUED...
REVISIONS DATE FB/PG DWN CKD LAND DESCRIPTION !PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH 500-600-700 ALTON
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
REVISED L/D AND SKETCH 10/22/18 AM. REC OVERALL SITE SCALE: N/A
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING
` , 6TH STREET ` SHEET 2 OF 7
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
i DAVIE, FLORIDA 33314
••'• CERTIFICATE PHONE (954) 689-77661ZAFAXN(954) 689-7799CRSCENT HEIGHTS
`
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION CONTINUED...
TOGETHER WITH:
A PORTION OF 6TH STREET AS SHOWN ON "AMENDED PLAT OF FLEETWOOD SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND "AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, OF SAID "AMENDED PLAT OF
FLEETWOOD SUBDIVISION";
THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF LOT 32, BLOCK 2 OF SAID
"AMENDED PLAT OF FLEETWOOD SUBDIVISION" AND THE NORTH RIGHT OF WAY LINE OF
SAID 6TH STREET, A DISTANCE OF 155.00'FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 00'22'51" EAST, A DISTANCE OF 85.00 FEET TO A POINT ON A TANGENT
CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET
AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL
ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE NORTH LINE OF LOT 10 AND LOT 11 OF
"AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE
OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 31.42 FEET;
THENCE NORTH 00'22'51" WEST, A DISTANCE OF 70.00 FEET;
THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE SOUTH LINE
OF SAID LOT 1, BLOCK 2, NORTH 89'37'30" EAST, A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE
COUNTY, FLORIDA; CONTAINING 286,149 SQUARE FEET OR 6.5691 ACRES MORE OR LESS.
•
REVISIONS DATE FB/PG DWN CKD, LAND DESCRIPTION PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH `700 BLOCK ALTON ROAD,
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
REVISED L/D AND SKETCH 10/22/18 AM REC OVERALL SITE SCALE: N/A
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING
` , 6TH STREET SHEET 3 OF 7 J
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
Mak DAVIE, FLORIDA 33314 CLIENT :
VAIr CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
li= LAND DESCRIPTION AND SKETCH
�J
POB
NORTHERLY MOST 6TH STREET__
NORTHWEST CORNER _—- - __--
-T— o LOT 11 PLATTED CENTERLINE 01 I
N1 N89"37'307 210.00' Nil
NORTH LINE-LOT 11 NORTH LINE-LOT 10R=20.00' I
o`� 4 =89'59'39"
o ,
Z: O o0 ''' LOT 11 LOT 10 A=31.41 45.0' -I
oho , �cz I I
----q - - - - - - - -
50.0.
4-11 ~ 2N I
v, v 1
Ire 2 LOT 12 LOT 9 v
,ti O
W *J
F—
Q'c. o O
oto O raI IW
v) U
2 L/1 ---.6 ^ LOT 8 D4 al Is
H� LOT 13 o �"�' k N w
' * Q °D I O 0 LOT 7' w O cal Iv
II 'd moi- E.I' J I0
W W V) N' N 2 O ^� 6.4 L
I 2^ Q .- m, m ' LOT 6 03 2 N Q1 ,_.1 is
I LOT 14 - - n -� LII
O
'O Zj9n' LOT5 Q I
Io 1 U-1 a w -
I <4.' — < Cs1 I I
\ N.• N. -.0. ai LOT 4 I I
I •
j^ o5 yam,LOT 15 I ' n.
�`o � CI .
1 ' II li
I LOT3 I I
I a i II
\ 45.0' 11
I . I , LOT 2
\ N
--r- LOT 16 I 15' ALLEY
o+,Z„ (P.B. 21, PG. 83, M/D.C.R.) 50.0'
c% .
\t0
~
' LOT 1
O11
' 0, o o LOT 17
\.3N�ZII IIA R=65.5'
LOT 18 - LOT 19
,o cS
��� v � v a =8roo 49"
\40-`r- y�e A=99.47'
\ ` II
N86`3828"E 112.62'
\ II
\ 5TH STREET ' o I I
\ M MACARTHUR CSWY M __ —
PLATTED CENTERLINE
(STATE ROAD A-1—A)
REVISIONS DATE FB/PG DWN CKDN LAND DESCRIPTION PROPERTY •
500-600-700 ALTON
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC
AND SKETCH ‘ i
REVISED L/D AND SKETCH 09/27/18 AM REC FOR e1
REVISED L/D AND SKETCH 10/22/18 AM REC OVERALL SITE `SCALE: 1" = 50' )
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING / l
\. , 6TH STREET \SHEET 4 OF 7 J
COUSINS SURVEYORS & ASSOCIATES, INC, PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
AK DAVIE, FLORIDA 33314
••' CERTIFICATE
PHONE (954) 689U77661ZAFAX (954) 6894 C48 RESCENT HEIGHTS
7799
Al LAND DESCRIPTION AND SKETCH
�J I LOT 15
N89•37'30"E 140.00' LOT 18
NORTH LINE-LOT 14 �'. _
I Ir
35.0- LOT 14 LOT 19
'4-
I 10.0' 1
LOT 13 0 acc
LOT 20
1 ,OiY •wo 0O
I O LOT 12 .,,4i m LOT 21
li*� `° 1 oW
=�1Q LOT 11 o LOT 22 __ ,�--,I
N N69°32 30 E 170.00'
O •
NORTH UNE-LOT 2J
H
LOT 10 L`' 1 LOT 23
I _
: c
W N ISI Z
w LOT 9 o) v) , w LOT 24 '802
o
.zl I I LOT 8 Q w 71 LOT 25 a j M
1 o
� , >-
- up ooc�
Cr) 1 II Ti~ 28 .
WNB9°3730 E W M LOT 26 a. id `�co p
10.00 LOT 7 - m '� q I
4 i....1:1: 14 O �
J 1r v I
N LOT 6 < I'I LOT 27 =W
O 1,1 ry < I
LOT 5 a LOT 28 2 � 1
h o W
N LOT 4 m LOT 29ol
o s-
-- LOT 3 LOT 30 N
Y
{'y ,rr 0
�, I W N m
h LOT 2 I o„ LOT 31
i r-
`~ m
LOT 1 . a6- LOT 32 R=15.00'
R=15.00' o A=90°00'21"
F4-V, A=73°3639" ' / 0J A=23.56' 50.0.
DC7SOUTHr 1 UNE SOUTH UNE
A=19.27' ca1( Lar J2 •
a/
S89'37'30", 111.13' S89°37'30"W 155.00' ,r; — — I
L_- — - -
T 6TH STREET iI
REVISIONS DATE FB/PG DWN CKD, PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION 500-600-700 ALTON
AND SKETCH
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
REVISED L/D AND SKETCH 10/22/78 AM REC OVERALL SITE \SCALE: 1" = 80'
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING
\ I 6TH STREET \ SHEET 5 OF 7 J
COUSINS SURVEYORS & ASSOCIATES, INC. `PROJECT NUMBER : 6844-12
/
3921 SW 47TH AVENUE, SUITE 1011
Aa DAVIE, FLORIDA 33314 CLIENT :
NOV CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
fill ,
liJ I I// __
___
___--
WEST AVENUE.fig
--N00° '51")r o
700' I Si W
a •x r-I-
R=20.00 r ;C 01
m
A=90°0021" • . oC0.°D roJ
A=31.42' z W F I N -9
o JO
= m0
•, c
r w Zp1-14 n
r0 I rmo O W r
-I oo-InZ� 00 " igm
vZ0 AW � Z
J o i`_ _ - -0 o o_1 Qr UULLTY EASEMENT_ - -
-0 z O A o
m0 2 3: .( 1
D `,°3 vJ 1 D .y 0
' rrnv C$ o m Z nZT
N S O y .> O Zl s
v CJ —I a f II ..
L----- ---2t>z - > x
15' ALLEY ° o { A
(P.B. 21, PG. 83, M/D.C.R.)yam+ iii N z " i co
ZO - -s,'"-m I NO I (CJ
o liNI
c) E �� P D Z E:5
r
Z zo I-I—
m -4�.. O
rn = I N,V�1 O W
1— qb
0 25.00' 25.00' O N IJ
m
1
I
o O
R=20.00' ° I R=15.00'
A=89'59'39" + I A=90°0021"
41
A=31. ' S00°221'51"E A=23.56'
65.00'
a
ALTON ROAD
REVISIONS DATE FB/PG DWN CKDN LAND DESCRIPTION PROPERTY ADDRESS
LAND DESCRIPTION k SKETCH 09/12/18 ---- AM REC AND SKETCH � 500-600-700 ALTON
i
REVISED L/D AND SKETCH 09/27/18 AM REC FOR
REVISED L/D AND SKETCH 10/22/18 AM REC OVERALL SITE SCALE: 1" = 40'
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING
6TH STREET (SHEET 6 OF 7 )
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
••,
PHONE
CERTIFICATE(954) 689-7THOR7661ZAFAXN(954) 6894 77 99 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
A CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFY TO:
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON. n
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD, PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION 500-600-700 ALTON
AND SKETCH •
REVISED L/D AND SKETCH 09/27/18 AM REC FOR •
REVISED L/D AND SKETCH 10/22/18 AM REC OVERALL SITESCALE: N/A
•
ADDED CERTIFIED TO 01/25/19 AM REC INCLUDING •
6TH STREET ` SHEET 7 OF 7
EXHIBIT "D" - LEGAL DESCRIPTION OF PARK SITE
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
4/1` DAVIE, FLORIDA 33314
••' PHONE CERTIFICATE
(954) 689OF -7 66ZAFAOXN(954) 68947799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (PARK)
A PORTION OF LOTS 1 THROUGH 14, INCLUSIVE, AND A PORTION OF LOTS 23 THROUGH 32,
INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
111.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 73'36'39" AND AN ARC DISTANCE OF 19.27 FEET;
THENCE NORTH 16'45'51" WEST, A DISTANCE OF 51.32 FEET;
THENCE NORTH 11'41'42" WEST, A DISTANCE OF 50.99 FEET;
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF
250.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
10.00 FEET;
THENCE NORTH 00'22'51" WEST ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID BLOCK 2, A DISTANCE OF 350.00 FEET;
THENCE NORTH 89'37'00" EAST ALONG THE NORTH LINE OF SAID LOT 14, A DISTANCE OF
140.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 14 THROUGH 11, A
DISTANCE OF 200.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 23, A DISTANCE OF
170.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF
495.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90'00'21' AND AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
155.00 FEET TO THE POINT OF BEGINNING.
LAND DESCRIPTION CONTINUED...
REVISIONS DATE FB/PG DWN CKD, /PROPERTY • 600 & 700
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION ,, BLOCK ALTON ROAD,
REVISED L/D AND SKETCH 09/27/18 _• AM REC AND SKETCH /
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR SCALE: N/A
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK
\ADDED CERTIFICATIONS 01/14/19 AM REC C SHEET 1 OF 6
COUSINS SURVEYORS & ASSOCIATES, INC, ,PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LESS: (FLORIDIAN PARKING)
A PORTION OF LOTS 11, 12, 13 AND 14, BLOCK 2, "AMENDED PLAT FLEETWOOD
SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE
34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 14;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 11, 12, 13 AND 14,
A DISTANCE OF 176.00 FEET;
THENCE SOUTH 89'37'30" WEST, A DISTANCE OF 19.52 FEET;
THENCE SOUTH 00'22'30" EAST, A DISTANCE OF 23.00 FEET;
THENCE SOUTH 89'37'30" WEST, A DISTANCE OF 76.50 FEET;
THENCE NORTH O0'22'30" WEST, A DISTANCE OF 18.00 FEET;
THENCE SOUTH 89'37'30" WEST, A DISTANCE OF 22.50 FEET;
THENCE NORTH 00'22'30" WEST, A DISTANCE OF 135.00 FEET;
THENCE SOUTH 89'37'30" WEST, A DISTANCE OF 21.50 FEET;
THENCE NORTH 00'22'51" WEST, A DISTANCE OF 46.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 14, A DISTANCE OF
140.00 FEET TO THE POINT OF BEGINNING.
ALSO LESS: (BLOCK 600 DEVELOPMENT SITE)
LOTS 29 THROUGH 32, INCLUSIVE, LESS THE WEST 9.00 FEET THEREOF, BLOCK 2,
"AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 32;
THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
9.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH O0'22'51" WEST ALONG A LINE 9.00 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID LOTS 29 THROUGH 32, A DISTANCE OF 210.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 29, A DISTANCE OF
161.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 29 THROUGH 32, A
DISTANCE OF 195.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90'00'21' AND AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
146.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA; CONTAINING
130,768 SQUARE FEET OR 3.0020 ACRES MORE OR LESS.
•
REVISIONS DATE FB/PG DWN CKD' /PROPERTY 600 & 700
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION BLOCK ALTON ROAD/
REVISED L/D AND SKETCH 09/27/18 AM REC AND SKETCH •
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR (SCALE: N/A
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK / •
ADDED CERTIFICATIONS 01/14/19 AM REC / SHEET 2 OF 6
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
A& DAVIE, FLORIDA 33314
••' PHONE CERTIFICATE
(954) 689OF U7766ZAFAXN(954) 689: LB # 7 99 CRESCENT HEIGHTS
ti—
LOT 15
11111111111 iIN6 30'E 140.00'
LOT 18
'111111.1.1W� NORTH UNE-LOT 14
. jr
s5.o
•/ LOT 19
o.o`
' e LOT 20
c
O
N � N
e Y _ ,NN
N U
i r% 53 0
%.g o • .q m LOT 21
ca h
h iLOT 22 •0
4,6
N89'37'30 E 170.00'
-7 NORM LINE-LOT 23
LOT 10 Li_ LOT 23
1 1 LOT 9co N w LOT 24 0 y
<
ci
(JD b..1 ' w F-> i H
I\ i. Ln 52
NII LOT 8 OQ < a� M
M LOT 25 D T
N
woc� `u
� I II �_ 1_ W82a qI
wI N69'37''30"E la o LOT 26 x N W O OI
10.00 0 aw H �,I
LOT 7 Q � ;i" 4m
J ii
O " LOT 6 I- ! LOT 27 N 64I
o 0 1
N iz 01 �'I
y LOT 5 N N LOT 28 i
ij --8- 7y 50.0' I
LOT4 Gm M ; '
25.Q LOT 3
>>�
I, o+, i
hi LOT 2 ,
• I
O b
LOT 1 �* •
R=15.00' horn
rA 4=73'36'39" C, 1 a `j I
A=19.27' SOUTHLINE� d*, : ,. , /!, II -1 i
��_ LOT1 i a
S69.37'30"W 111.13' N S69'37''30"W 155.00'
�_x___ __ _ _ N
T_- 6TH STREET 1I
II
REVISIONS DATE FB/PG DWN CKDN ePROPERTY : 600 & 700 \
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION , BLOCK ALTON ROAD
REVISED L/D AND SKETCH 09/27/18 AM REC AND SKETCH ,
REVISED L/D AND SKETCH 12/23/18 AM REC FOR SCALE: 1° = 80'
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK ,
`ADDED CERTIFICATIONS 01/14/19 AM REC \ SHEET 3 OF 6 l
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
41` DAVIE, FLORIDA 33314
••' PHONE CERTIFICATE
(954) 689OF -7THOR7661ZAFAXN(954) 689-7799 8CRESCENT HEIGHTS
A&
mir�� SKETCH OF LESS OUT FLORIDIAN PARKING
I
LOT 15 I I
LOT 18
° NB9"37'30'E 140.00'
.0' NORTH LINE-LOT 74 •••. -'-'1
L
Hl
Ooh aW^ o
cz
J
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21.50'
I
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LOT 12 O a N Q
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5719°37'30"W N
? >w 19.52' '
M O LOT 11 c0
• °
S89•37'30"W o o
35.0' 22.50'
S89•37'30"Tr 76.50' I M
1csLOT 10 I o
I I I J
I
I I
REVISIONS DATE FB/PG DWN CKD, /PROPERTY : 600 & 700 ,
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION ` BLOCK ALTON ROAD/
REVISED L/D AND SKETCH 09/27/18 AM REC AND SKETCH / \
REVISED L/D AND SKETCH 12/23/18 AM REC FOR `SCALE: 1" = 30' J
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK , `
`ADDED CERTIFICATIONS 01/14/19 AM REC / \ SHEET 4 OF 6 J
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
Aga DAVIE, FLORIDA 33314 CLIENT :
••'
CERTIFICATE
AUTHORIZATION1 (954) 68947799 48 CRESCENT HEIGHTS
PHONE (954) 6897 66
lib LAND DESCRIPTION AND SKETCH
ALM!, SKETCH OF LESS OUT 600 BLOCK DEVELOPMENT SITE
ill
III
LOT 6 I LOT 27
BLOCK 2 I I BLOCK 2
I
III
II
11
I Z - 50.0" H
LOT 5 1 ~ m LOT 28
BLOCK 2 = v�'i BLOCK 2
I ow
IN89'37'30 E 161.00' •
I� NORTH UNE-LOT 29
IMI
I
LOT 4 ,8I LOT 29 n
BLOCK 2r BLOCK 2
III
=
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ti ZOa. iii
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LOT 2 I LOT 31 a J m Cn h
BLOCK 2 j BLOCK 2
v .
9.0'
_ 50.0'
LOT 1 R=15.00'
BLOCK 2 LOT 32POC d=90'00'21"
SOUTHWEST CORNER BLOCK 2 A=23.56'
LOT 32, BLOCK 2
/
I +/1•. SOUTH UNE-LOT 32 41-
/
' POB S89'37'30"W 146.00' {
o N89'37'30'E O
CNI 9.00' 6T_H STREET N
- - - - - ----- I --
PLATTED CENTERLINE
I �
REVISIONS DATE FB/PG DWN CKDN �PROPERTM ' 600 & 700
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION , BLOCK ALTON ROAD.,
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC AND SKETCH )
REVISED LAND DESCRIPTION do SKETCH 12/23/18 AM REC FOR (SCALE: 1" = 40'
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK l
ADDED CERTIFICATIONS 01/14/19 AM REC / (SHEET 5 OF 6 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
•'
CERTIFICATE
PHONE (954) 689AUTHORIZATION
7766 ZAFAX (954) 6894 7799 CRESCENT HEIGHTS
LAND DESCRIPTION ANQ SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFICATIONS
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN DECEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON. (� c
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD' PROPERTY : 600 & 700 ,
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION BLOCK ALTON ROAD
REVISED L/D AND SKETCH 09/27/18 AM REC AND SKETCH
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR (SCALE: N/A
REVISED L/D AND SKETCH 01/11/19 AM REC PROPOSED PARK , 1
ADDED CERTIFICATIONS 01/14/19 AM REC ` SHEET 6 OF 6 )
EXHIBIT "E" - DESCRIPTION OF DEVELOPMENT SITE
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
IIla DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (BLOCK 500)
LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS 1, 17, 18 AND 19 AND THAT
CERTAIN 15 FOOT VACATED ALLEY LYING WITHIN SAID LOTS, OF "AMENDED PLAT OF
AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 11;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A
DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 10, A
DISTANCE OF 277.46 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET,
A CENTRAL ANGLE OF 87'00'49" AND AN ARC DISTANCE OF 99.47 FEET;
THENCE SOUTH 86'38'28" EAST, A DISTANCE OF 112.67 FEET TO A POINT ON A
NON-TANGENT CURVE (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'33'06" WEST);
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET,
A CENTRAL ANGLE OF 46'06'19" AND AN ARC DISTANCE OF 23.58 FEET;
THENCE NORTH 24'20'35" WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16, A
DISTANCE OF 73.04 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335.75 FEET, A
CENTRAL ANGLE OF 23'57'44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST
DESCRIBED CURVE BEING ALONG THE WEST LINE OF SAID LOTS 16, 15 AND 14);
THENCE NORTH 00'22'51" WEST ALONG THE WEST LINE OF SAID LOTS 13, 12 AND 11, A
DISTANCE OF 130.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING
85,180 SQUARE FEET OR 1.9554 ACRES MORE OR LESS.
•
REVISIONS DATE FB/PG DWN CKD, LAND DESCRIPTION /PROPERTY ;
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH `500 BLOCK ALTON ROAD/
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC FOR /
ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE `SCALE: N/A
500 BLOCK SHEET 1 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
A& DAVIE, FLORIDA 33314 CLIENT :
••' CERTIFICATE
PHONE (954) 689-77661ZATION : LB #FAX (954) 6894 48 CRESCENT HEIGHTS
7799
ALN LAND DESCRIPTION AND SKETCH
WNW
POB
NORT
NORTHEHWERLSTY MOSTCORNER 6TH STREET
--7----
___ --
o' LOT 11 PLATTED CENTERLINE a _ — — I -—
1 N _
N89°37'30 E 210.00' Nt 11
- + a NOR IH LINE-LOT II NORTH UNE-LOT'°R=2O.OD'
il
' o N N d =89°59'39" I
[25.0" 2^ o % Z LOT 11 LOT 10 A=31.41' . .•
�
o
% * II I
O a ._ 50.0'
W
w
Z �in O LOT 12 LOT 9 -
�I'J 2 h W �' ^ LOT 8 V i i A
W * LOT 13 ta7 Q <m U LOT 7 'IP I'
3 l d' 11O 6 - O H_Z\ -' N O\ T, iQ.
Ir)< Q7 N J N O O2 , Z I5
L.4
w Q d > ......
LOT 6 2 N -1 I- is
ctrl O LOT 14 J .a. p h p 261
gi
I J C r Zg0- - LOT5 2II
`. ` Q Q N
� � •rh ¢ LOT 4 I I
z^ • tj O m
1 o '44 LOT 15 0: Itn
- II II
LOT 3
d I , I
, 45.0'
, % I , LOT2 I ,
\ 0---'.
LOT 16 L 15' ALLEY I
v z. (P.8. 21, PG. 83, M/D.C.R.) 50.0' ,
NriS-:'') a :s''ltO ,
I
Z' h LOT 1I
s o N °o ti L LOT 17
\s r, _21 it IIA R=65.5
W O -4,-,,r- ii -,4A_ 18 LOT 19 ' I
\
a 't-� d =87 °00 49"
A=99.47'
I I
N86°38'28"E 112.67'
\, o 5TH STREET
M MACARTHUR CSWY M II
—_— _j
PLATTED CENTERLINE
(STATE ROAD A-1-A)
REVISIONS DATE FB/PG DWN CKDN LAND DESCRIPTION PROPERTY :
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH \500 BLOCK ALTON ROAD
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC FOR
ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE `SCALE: 1" = 50' i
500 BLOCK e
SHEET 2 OF 3 )
v i V
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
••'
PHONE
CERTIFICATE(954) 689OF -7THOR7661ZAFAXN(954) 689: LB # 4 78799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
•
A ARC' DISTANCE
CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFICATIONS
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON. (� c
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD, /PROPERTY :
LAND DESCRIPTION
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH 00 BLOCK ALTON ROAD,
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC FOR
ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE •SCALE: N/A 1
500 BLOCK / SHEET 3 OF 3 )
i •
COUSINS SURVEYORS & ASSOCIATES, INC. ,.PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (6TH STREET)
A PORTION OF 6TH STREET AS SHOWN ON "AMENDED PLAT OF FLEETWOOD SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND "AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST 'CORNER OF LOT 1, BLOCK 2, OF SAID "AMENDED PLAT OF
FLEETWOOD SUBDIVISION";
THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF LOT 32, BLOCK 2 OF SAID
"AMENDED PLAT OF FLEETWOOD SUBDIVISION" AND THE NORTH RIGHT OF WAY LINE OF
SAID 6TH STREET, A DISTANCE OF 155.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 00'22'51" EAST, A DISTANCE OF 85.00 FEET TO A POINT ON A TANGENT
CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET
AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL
ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE NORTH LINE OF LOT 10 AND LOT 11 OF
"AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE
OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 31.42 FEET;
THENCE NORTH 00'22'51" WEST, A DISTANCE OF 70.00 FEET;
THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE SOUTH LINE
OF SAID LOT 1, BLOCK 2, NORTH 89'37'30" EAST, A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE
COUNTY, FLORIDA; CONTAINING 12,720 SQUARE FEET MORE OR LESS.
REVISIONS DATE FB/PG DWN CKDN 'PROPERTY ADDRESS 1
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION `6TH STREET, MIAMI BEACH✓
REVISED LAND DESCRIPTION & SKETCH 10/22/18 ---- AM REC AND SKETCH 1
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR SCALE: N/A
6TH STREET VACATION •
I SHEET 1 OF 3
✓ ✓
COUSINS SURVEYORS & ASSOCIATES, INC. \PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
/k DAVIE, FLORIDA 33314 CLIENT :
••' PHONECERTIFICATE
(954) 689U 7THOR7661ZAFAXN(954) 689: LB # 4 78 99 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
fia
IJ -
____
I I _-
WEST AVENUE,
- - - - - -
-NOO° '51"lr 18
70100' 5 m
r 02 r r
I 0
o
R-=20.00 C3 7
A=90'00'21" Ir- S N J
A=31.42' o I 1n -NI
m vo> 0
t.
i- CZ
H.0 OI Y „7
I- r m@rrL%,, mrO
,- \ - 0O m
�s
-I o<siQN
o �
J • 0m O o �
A z o A O zN
o L--._ _ _ o v x_10 UTILLTY EASEMENT - - _
a c I
_ _ _ -LM
.. m C7 = Amv
7' z -. m vS
m v K < -1
xi
v W � ' a ot• _^ o
co o r', Z n Z
-- Ns o � ' > o � _
-CI LI 4f II 11
15' ALLEY o o -< " I N =
(P.B. 21, PG. 83, M/D.C.R.)w in a _ -ti m rr�,., =Nco
• z 0 O -4 I No cW'
ti
v -�--- N 1
h E D y ZO
A r Imo.. I � -Z rt .4
71 I
-I C) z O
mo O
II .W)� x w
r0 r O N N
z 25.00' 25.00' Q
m
I
0 0
,
R=20.00' ° 1 R=15.00'
A=89°59'39" I A=90°00'21"
A=31.41' S00°221'51 E \ A=23.55'
85.00'
ALTOT ROAD
I
•
REVISIONS DATE FB/PG DWN CKDN PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM RECLAND DESCRIPTION `6TH STREET, MIAMI BEACH J
REVISED LAND DESCRIPTION & SKETCH 10/22/18 ---- AM REC AND SKETCH
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR ( SCALE: 1" = 40' )
6TH STREET VACATION
(SHEET 2 OF 3 )
\ /
COUSINS SURVEYORS & ASSOCIATES, INC. `PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 ' CLIENT :
CERTIF••' PHONEICATE OF(954) 689-7766 1ZAF FAX
(954) 6894 7799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
ft RADIUS
A ARC DISTANCE
A CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFICATIONS
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
C. a
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
•
REVISIONS DATE FB/PG DWN CKD,
PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION 6TH STREET, MIAMI BEACH
REVISED LAND DESCRIPTION & SKETCH 10/22/18 ---- AM REC AND SKETCH / \
ADDED CERTIFICATIONS 01/14/19 ---- AM REC FOR SCALE: N/A
6TH STREET VACATION ,
SHEET 3 OF 3
i •
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
••' PHONE CERTIFICATE
(954) 689OF -7THOR7661ZAF FAX
(ON :9 689-7 99 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (BLOCK 600 DEVELOPMENT SITE)
LOTS 29 THROUGH 32, INCLUSIVE, LESS THE WEST 9.00 FEET THEREOF, BLOCK 2,
, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 32;
THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
9.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00'22'51" WEST ALONG A LINE 9.00 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID LOTS 29 THROUGH 32, A DISTANCE OF 210.00 FEET;
THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 29, A DISTANCE OF
161.00 FEET;
THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 29 THROUGH 32, A
DISTANCE OF 195.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90'00'21' AND AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
146.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA; CONTAINING
33,762 SQUARE FEET OR 0.7751 ACRES MORE OR LESS.
REVISIONS DATE FB/PG DWN CKD" PROPERTY :
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION 600 BLOCK ALTON ROAD,
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC AND SKETCH
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR SCALE: N/A
ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE
600 BLOCK SHEET 1 OF 3 )
• i •
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12
3921 SW 47TH AVENUE, SUITE 1011
411% DAVIE, FLORIDA 33314 CLIENT :
VW CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
iiit LAND DESCRIPTION AND SKETCH
�
J
I
II1
LOT 6 I I I LOT 27
BLOCK 2
BLOCK 2 1 1 1
II
. 11I
- - rl I - - - - -
1 1
I
_17
50.a------1
LOT 5 1 r= m LOT 28
BLOCK 2 11 N BLOCK 2
I 1 0w
I N69'37 30 E 161.00'
r NORTH UNE-LOT 29
-
1
LOT 4 ,cg LOT 29 M
BLOCK 2 cc BLOCK 2
u.. C
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n
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BLOCK 2 o M a BLOCK 2ZZI
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LOT 2 LOT 31 a LLia m F,
BLOCK 2 I p BLOCK 2 w
v
I I
III
1�9.0'
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LOT 1 'R=15.00f
50.0'
BLOCK 2 , LOT 32
POC 4=90'00'21"
1 1 1 / SOUTHWEST CORNER BLOCK 2 A=23.56' •
Ii LOT 32, BLOCK 2
/ • SOUTH LINE-LOT 32 I
1- ' POB S69'373O"W 146.00'
• -N89'37'30•E O
•
N 9.00' 6T_H STREET N,
— - --- I --
- — PLATTED CENTERLINE
REVISIONS DATE FB/PG DWN CKD' PROPERTY
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION `600 BLOCK ALTON ROAD,
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC AND SKETCH ,
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR \SCALE: 1" = 40' )
ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE
600 BLOCK
SHEET 2 OF 3 )
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
AI„ DAVIE, FLORIDA 33314 CLIENT :
CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
A CENTRAL ANGLE
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFICATIONS
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION
500 ALTON ROAD VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
1220 SIXTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SOUTH BEACH HEIGHTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY
KGM EQUITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN DECEMBER, 2018. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON. ^L
FOR THE FIRM, BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
•
REVISIONS DATE FB/PG DWN CKD, /PROPERTY :
LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION 600 BLOCK ALTON ROAD
REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC AND SKETCH
REVISED LAND DESCRIPTION & SKETCH 12/23/18 AM REC FOR SCALE: N/A
DEVELOPMENT SITE `
ADDED CERTIFICATIONS 01/14/19 AM REC 600 BLOCK SHEET 3 OF 3
• / ♦
EXHIBIT "F" - 5TH STREET EASEMENT
[Final description for Easement Area to be based on the final Project Zoning Approval —
attached at a later date]
EXHIBIT"G"- DESCRIPTION OF MIRADOR 1 BAYWALK
EXHIBIT G: BAYWALK PROJECT
Construction of a 10' wide board walk adjacent to property consisting of two 2'-6" precast
concrete slabs with 5'-0" wide fiber glass grate supported by 14" x 14" precast, prestressed, —pf—i—
piles, driven to a minimum of 12' into firm material.
Construction by property owner.
290
Permitting by the City of Miami Beach. „e.... �
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SITE PLAN
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CHECKED DT: ,. CITY OF MIAMI BEACH 1100 WEST PROPERTIES,LLC PUBLIC FISHING PIER/BAYWALK
A.n6rve• ..K... 1700 CONVENTION CENTER DRIVE 2200 BISCAYNE BOULEVARD �� 10700 N.KENDALL DRIVE SUITE 400 _ S_1
DATE. 0..1..1. MIAMI,FLORIDA 33139 MIAMI,FLORIDA 33137 (II��� MIAMI,FLORIDA 33178 (305)378-5555 OVERALL SITE PLAN PROJECT DO,110.0.
as EB-00032D6 „o.DAT[ acvie ox e.xD ear v
EXHIBIT "H" - DESCRIPTION OF MIRADOR 2 BAYWALK
EXHIBIT H: BAYWALK PROJECT
Construction of a 10' wide board walk adjacent to property consisting of two 2'-6" precast
concrete slabs with 5'-0" wide fiber glass grate supported by 14" x 14" precast, prestressed, _$----
piles, driven to a minimum of 12' into firm material.
Construction by property owner.
Permitting by the City of Miami Beach. .°�
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•••T:,..... 1700 CONVENTION CENTER DRIVE 2200 BISCAYNE BOULEVARD ® 10700 N.KENDALL DRIVE SUITE 400 ECALE
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MIAMI,FLORIDA 33139 MIAMI,FLORIDA 33137 MIAMI,FLORIDA 33178 (305)378-5555 OVERALL SITE PLAN
.....07 NO.:110•0.01 EB0003286 NO.DATE 6ETi•IDA
EXHIBIT "I"- DESCRIPTION OF MONDRIAN BAYWALK
EXHIBIT I: BAYWALK PROJECT
Construction of a 10' wide board walk adjacent to property consisting of two 2'-6" precast
concrete slabs with 5'-0" wide fiber glass grate supported by 14" x 14" precast, prestressed, _$—k.--
piles, driven to a minimum of 12' into firm material.
Construction by property owner.
Permitting by the City of Miami Beach. °�,„J7
ySWIM SWUM
4.4.______.4.___ 3i4,7 1 uwM
coosym ..I BISCAYNE BAT -A„ . ._--- --
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BY:a...o. 1700 CONVENTION CENTER DRIVE 2200 BISCAYNE BOULEVARD 10700 N.KENDALL DRIVE SUITE 400 PUBLIC FISHING PIER/BAYWALK - ----
fAT• •"'° MIAMI,FLORIDA 33139 MIAMI,FLORIDA 33137 ® MIAMI,FLORIDA 33176 (305)378-5555 OVERALL SITE PLAN —T --- S-1••W
PNOJEGT MO.110.OS EB-000326E .O.GATE I _ R[0 S On •N NO °D°•
EXHIBIT "J" -COVENANT IN LIEU OF UNITY OF TITLE
City's Form Covenant in Lieu of Unity of Title
Draft Subject to Developer Review
Prepared by and Return to:
Holland & Knight LLP
Attn: Joseph G. Goldstein
701 Brickell Avenue
Miami, Florida 33131
(Space Reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that the undersigned Owners hereby make, declare and
impose on the land herein described, the following covenants that will run with the title to the land,
which shall be binding on the Owners, their heirs, successors, assigns, personal representatives,
mortgagees and lessees, and against all persons claiming by, through or under any of them;
WITNESSETH:
WHEREAS, the Owners hold fee simple title to certain property in the City of Miami Beach,
Florida, located at the 500-700 blocks of Alton Road, Miami Beach, Florida, and which is legally
described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and
WHEREAS, the Owners and the City of Miami Beach, a Florida municipal corporation (the
"City"), entered into that certain Development Agreement dated as of , 20 , a
memorandum of which is recorded in Official Records Book , at Page of the
Public Records of Miami-Dade County(the "Development Agreement"'); and
WHEREAS, on [date] the Owners obtained approval of the [Design Review Board
(DRB) / Historic Preservation Board (HPB) / Board of Adjustment (BOA) / Planning Board (PB)] under
File No. as recorded in Official Records Book , at
Page of the Public Records of Miami-Dade; and
WHEREAS, the Owners may develop buildings on the Property for sale to multiple owners in a
condominium format of ownership and/or in two or more phases; and
WHEREAS, this instrument is executed in order to assure that the development of the
property with future multiple ownership or phased development will not violate the Land
Development Regulations of the City of Miami Beach.
NOW THEREFORE, in consideration of the premises, the Owners hereby agree as follows:
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 2 of 12
1. After a site plan for the Property has been submitted and approved under the City's
Land Development Regulations, the Property will be developed as a unified development site in
substantial accordance with such approved site plan for the Property. No modification of such
approved site plan shall be effectuated without the written consent of the then owner(s) of the
portion or phase of the Property for which such proposed modification is sought and the Director of
the City's Planning Department (such person, or any successor thereof, is referred to herein as the
"Director"). No such then owner(s) nor the Director shall unreasonably withhold, condition or delay
its consent, provided the proposed modification is in compliance with the Land Development
Regulations. Should any such then owner(s) or the Director withhold, condition or delay its consent
to any such proposed modification, then the owner(s) seeking the proposed modification shall be
permitted to seek the same by application to modify the approved site plan at public hearing before
the appropriate City board or the City Commission of Miami Beach, Florida (whichever by law has
jurisdiction over such matters). Approval of such application shall be in addition to all other required
approvals necessary for the proposed modification sought. Notwithstanding anything to the contrary
contained in this Declaration: (a) if any building on the Property is developed and sold to multiple
owners in a condominium format of ownership, then only the condominium association (as opposed
to each individual condominium unit owner) shall be required to give, grant or execute any consent,
approval or document require by this Declaration, and such consent, approval or documents as given,
granted or executed by the condominium association shall bind each and every individual
condominium unit owner in such building; (b) if the Property is developed in phases, then only the
owner(s) of the phase(s) affected by the proposed modification shall be required to give, grant or
execute any consent, approval or document required by this Declaration, and no consent, approval or
document shall be required from the owner(s) of any phase(s) unaffected by such proposed
modification shall be required; (c) the City shall not be required to obtain any consent, approval or
document from any Owner (or their respective successors and/or assigns) with respect to any
proposed modification (including any subsequent zoning application) relating to the "Park Site" (as
hereinafter defined); and (d) this Declaration of Restrictive Covenants in Lieu of Unity of Title (the
"Declaration") shall not create any additional obligations for the Owners (or their respective
successors and/or assigns)to obtain any consent, approval or document from the City, other than the
written consent of the Director as required herein, with respect to any proposed modification
(including any subsequent zoning application) relating to the "Development Site" (as hereinafter
defined). Nothing contained in the preceding sentence shall relieve the Owners (and their successors
and assigns) from the obligation to obtain any approvals or authorizations from the City required by
law or any other instrument or agreement apart from this Declaration.
2. If the Property is developed in phases, then each phase will be developed in
substantial accordance with the approved site plan for the Property.
2
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 3 of 12
3. In the event the Owners shall convey any portion of the Property to any person or
entity subsequent to site plan approval for the Property, each of the subsequent owners shall be
bound by the terms, covenants, restrictions and limitations of this Declaration. Owners further agree
that they will not convey portions of the Property to any other person or entity unless and until the
Owners and such other person or entity shall have mutually executed and delivered, in recordable
form, an instrument to be known as an "easement and operating agreement" which shall contain,
among other things, the following easements to the extent required for the Property to be
developed, constructed, conveyed, maintained and operated in accordance with the approved site
plan for the Property despite the Property having multiple owners:
(i) Easements in the common area of each parcel for ingress to and egress from the other
parcels;
(ii) Easements in the common area of each parcel for the passage and parking of vehicles:
(iii) Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
(iv) Easements for access roads across the common area of each parcel to public and
private roadways;
(v) Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
(vi) Easements on each such parcel for construction of buildings and improvements in
favor of each such other parcel;
(vii) Easements upon each such parcel in favor of each adjoining parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footings, supports and foundations;
(viii) Easements on each parcel for attachment of buildings;
(ix) Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from the adjoining parcels such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
(x) Appropriate reservation of rights to grant easements to utility companies;
(xi) Appropriate reservation of rights to grant road rights-of-way and curb cuts;
(xii) Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
(xiii) Appropriate agreements between the owners of the several parcels as to the
obligation to maintain and repair all private roadways, parking facilities, common areas
and common facilities and the like.
3
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 4 of 12
These easement, reservation and agreement provisions (or portions thereof) may be waived
by the Director if they are not applicable to the portion of the Property then being conveyed (such as,
but not limited to, conveyances to purchasers of individual condominium units, or conveyance that
are separated by a street or road). These easement, reservation and agreement provisions shall not
be amended without prior written approval of the City Attorney. In addition, these easement,
reservation and agreement provisions shall contain such other provisions with respect to the
development, construction, conveyance, maintenance and operation of the Property as to which the
parties thereto may agree, all to the end that although the Property may have several owners, it will
be developed, constructed, conveyed, maintained and operated in accordance with the site plan
approved for the Property.
4. Notwithstanding anything to the contrary contained in the City's Land Development
Regulations, and pursuant to the terms and provisions of the Development Agreement, the Owners
hereby acknowledge and agree to the following terms, covenants, restrictions and limitations with
respect to the Property:
(a) The maximum floor area that can be developed on that portion of the Property
legally described in Exhibit "B" attached hereto and made a part hereof (the "Development Site")
shall not exceed 571,000 square feet of floor area, as determined by the City's Land Development
Regulations (as may be amended by the "Land Development Regulation Amendments" (as such term
is defined in the Development Agreement)), which floor area shall exclude non-floor area ratio areas
as set forth in such Land Development Regulations (as may be amended by the Land Development
Regulation Amendments), such as the floor area exclusion for projecting balconies free of structural
columns and/or walls and open on at least two sides.
(b) The (i) height of any multi-family residential tower on the Development Site
shall not exceed 519 feet in height (as measured from Base Flood Elevation +5 to the main roof line)
with any architectural projections thereof complying with the terms of the Land Development
Regulations (as may be amended by the Land Development Regulation Amendments), and (ii) floor
plate of any residential floor within any multi-family residential tower on the Development Site shall
not exceed 13,800 square feet of floor area, which floor area shall exclude non-floor area ratio areas
as set forth in such Land Development Regulations (as may be amended by the Land Development
Regulation Amendments), such as the floor area exclusion for projecting balconies free of structural
columns and/or walls and open on at least two sides ratio areas.
(c) The uses permitted on the Development Site shall have a maximum of: (i) 410
residential units (including multi-family residential units, single-family detached units, townhomes,
4
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 5 of 12
condominiums, and apartments), with up to a total of nine (9) or three percent (3%) of such
residential units, whichever is less, consisting of "Amenity Guest Apartment Units" available for use
(on a daily, weekly or monthly basis) only by the owners, tenants and/or residents of the multi-family
residential tower in which such residential units are located and the relatives, guests and invitees of
such owners, tenants and/or residents (with no advertisements or listings of such Amenity Guest
Apartment Units for rental by the general public, and no activity or operation of such Amenity Guest
Apartment Units that would require a hotel license or public lodging establishment license by the
State of Florida Department of Business and Professional Regulation); and (ii) 15,000 square feet of
retail uses. Except with respect to the Amenity Guest Apartment Units (which may be rented, leased,
used and/or occupied on a daily, weekly or monthly basis), any agreements for the rental, lease, sub-
lease, use or occupancy of residential units within the Development Site for periods of less than six
(6) months and one (1) day shall be expressly prohibited with respect to (xi) all residential units that
are part of a condominium form of ownership and owned by person or entities other than the
"Developer" of the condominium (which may be the Owners), and (xii) ninety percent (90%) of the
residential units owned by the Developer of the condominium (which may be the Owners); provided,
however, any agreements for the rental, lease, sub-lease, use or occupancy with respect to ten
percent (10%) of the residential units owned by the Developer of the condominium (which may be
the Owners) for periods of less than thirty (30) days shall be expressly prohibited. If any of the
residential units in the multi-family residential tower are developed and sold as a condominium, then
the limitations set forth in this subparagraph 4(c) shall be expressly incorporated in the Declaration of
Condominium to which such residential units are subjected.
(d) Any multi-family residential tower constructed within the Development Site
within 500 block of Alton Road shall be located within the northeast quadrant of the 500 block of
Alton Road.
(e) No parking, whether surface or underground, will be constructed on any part of
that portion of the Property legally described in Exhibit "C" attached hereto and made a part hereof
(the "Park Site").•
(f) The Project shall include on-site parking in accordance with the provisions of
the Land Development Regulations (as may be amended by the Land Development Regulation
Amendments).
(g) With respect to the ten percent (10%) of the residential units owned by the
Developer of the condominium (which may be the Owners) that may be rented, leased, sub-leased,
used and/or occupied for periods of thirty (30) days or more in accordance with subparagraph 4(c) of
this Agreement, the Developer of the condominium shall provide the City Manager (or the City
5
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
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Manager's designee) with a list of such residential units on a monthly basis. If requested by the City,
the Developer of the condominium shall make available to the City Manager (or the City Manager's
designee) for inspection such other documentation reasonably sufficient to permit the City to verify
compliance with the rental restrictions set forth in subsection 4(c) and (g) of this Agreement.
5. The provisions of this Declaration shall become effective upon their recordation in the
public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30)
years after the date of such recordation, after which time they shall be extended automatically for
successive periods of ten (10) years each, unless released in writing by the then owner(s) of the
Development Site and the Director (acting for and on behalf of the City) upon the demonstration and
affirmative finding that the same is no longer necessary to preserve and protect the Development
Site for the purposes herein intended.
6. The terms, covenants, restrictions and limitations of this Declaration may be amended,
modified or released by a written instrument executed by the then owner(s) of the Development Site
(with joinders by all mortgagees) and the Director (acting for and on behalf of the City). Should this
Declaration be so modified, amended or released, then the Director shall forthwith execute a written
instrument effectuating and acknowledging such amendment, modification or release; it being
acknowledged and agreed that no amendment, modification or release of this Declaration shall be
effective without the Director's written approval of, or execution of a written instrument effectuating
and acknowledging, such amendment, modification or release.
7. Enforcement of the terms, covenants, restrictions and limitations of this Declaration
shall be by action against any parties or persons violating or attempting to violate any such terms,
covenants, restriction or limitation of this Declaration. The prevailing party to in action or suit
pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and
disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services
of his attorney. This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
8. Invalidation of any term, covenant, restriction or limitation of this Declaration by a
final, non-appealable order of a court of competent jurisdiction shall not affect any of the other term,
covenant, restriction or limitation of this Declaration, all of which shall remain in full force and effect.
9. This Declaration shall be recorded in the public records of Miami-Dade County at the
Owners' expense.
6
Declaration of Restrictive Covenants in Lieu of Unity of Title
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10. All rights, remedies and privileges granted herein shall be deemed to be cumulative
and the exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional rights,
remedies or privileges.
11. In the event of any violation of this Declaration, in addition to any other remedies
available, the City is hereby authorized to withhold any future permits, and refuse to make any
inspections or grant any approval, until such time as this Declaration is complied with.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGES TO FOLLOW]
7
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 8 of 12
Signed, witnessed, executed and acknowledged on this day of
[*Note:All others require attachment of original corporate resolution of authorization]
WITNESSES: OWNER:
Signature Individual Signature
Print Name Print Name
Signature Name of Corporate Entity
Print Name Position with Corporate Entity (Prez. VP, CEO)
Address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
, who is personally known to me or has produced
, as identification.
Witness my signature and official seal this day of
in the County and State aforesaid.
My Commission Expires: Notary Public-State of
8
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 9 of 12
Print Name
Signed, witnessed, executed and acknowledged on this day of
WITNESSES: OWNER:
Signature Individual Signature
Print Name Print Name
Signature
Print Name Address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
, who is personally known to me or has produced
, as identification.
Witness my signature and official seal this day of , in
the County and State aforesaid.
Notary Public-State of
My Commission Expires:
9
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 10 of 12
Print Name
Approved: Approved as to form & language&for
execution:
Director of Planning Date City Attorney Date
EXHIBIT A
10
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 11 of 12
11
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address
Folio No.:
Page 12 of 12
•
12
EXHIBIT"K"-HOLD HARMLESS AGREEMENT
Prepared by and Return to:
Holland&Knight LLP
Attn: Joseph G. Goldstein
701 Brickell Avenue
Miami,Florida 33131
(Space Reserved for Clerk)
AGREEMENT
WHEREAS, the undersigned owners, South Beach Heights I, LLC, a Delaware limited liability
company, 1220 Sixth, LLC, a Delaware limited liability company, 500 Alton Road Ventures, LLC, a
Delaware limited liability company, and KGM Equities, LLC, a Delaware limited liability company, each
having an address of 2200 Biscayne Boulevard, Miami, Florida 33137 (collectively,the"Owners"), hold
the fee simple title to that certain parcel of land, which is legally described in Exhibit "A" attached
hereto and incorporated herein by reference(the"Property");
WHEREAS,the Owners and the City of Miami Beach (the"City") have entered into that certain
Development Agreement, dated as of , 201_ (the "Development Agreement"), pursuant to
Sections 163.3220-163.3243, Florida Statutes (the "Florida Local Government Development
Agreement Act") and Section 118-4 of the City's Code, which is recorded in Official Records Book
at Page of the Public Records of Miami-Dade County,Florida;
WHEREAS, the Development Agreement contemplates that the Owners will convey a portion of
the Property to the City for use as a park(the "Park Site"), which parcel is legally described in Exhibit
"B" attached hereto and incorporated herein by reference, and that the Park Site will be improved by the
Owners as contemplated under the Development Agreement(the"Park Project");
WHEREAS, the Development Agreement contemplates that the Owners will construct (among
other things) a multifamily residential building and up to 15,000 square feet of retail uses (the "Project")
on a portion of the Property (the "Development Site"), which parcel is legally described in Exhibit "C"
attached hereto and incorporated herein by reference;
WHEREAS, the Owners wish to obtain building permits, including phased permits, for the
construction of the Project (the "Building Permits") prior to the completion of, and acceptance by, the
City of the Park Project;
1
WHEREAS, until the conditions precedent set forth in Paragraph 17 of the Development
Agreement are satisfied or deemed satisfied in accordance with the terms of the Development Agreement
(the "Park Contingency"), the Owners are not to receive any temporary certificate of occupancy, final
certificate of occupancy or certificate of completion for the Project(in whole or in part);
NOW, THEREFORE, IN ORDER TO ASSURE the City that the representations made by the
Owners in the Development Agreement will be abided by, the Owners freely, voluntarily and without
duress,make the following declaration of restrictions covering and running with the Property:
1. The Owners agree to indemnify and hold harmless and release and discharge the City,
including its employees, from any and all liability for issuing the Building Permits prior to the satisfaction
of the Park Contingency.
2. The Owners acknowledge that no temporary certificate of occupancy, final certificate of
occupancy or certificate of completion for the Project (in whole or in part) will be granted until the Park
Contingency has been satisfied.
3. The Owners agree that they will not file or cause to be filed any request for a temporary
certificate of occupancy, final certificate of occupancy or certificate of completion for the Project (in
whole or in part)until the Park Contingency has been satisfied.
4. The Owners acknowledge that, if they obtain the Building Permits prior to the
satisfaction of the Park Contingency,they will be proceeding at their own risk and agree that they will not
make or commence any claim or action against the City (including, without limitation, a vested/property
rights claim) as a result of the City's issuance of the Building Permits prior to the satisfaction of the Park
Contingency. Further,the Owners agree that the issuance of the Building Permits prior to the satisfaction
of the Park Contingency would not be a grant of any vested right whatsoever to the Owners to occupy the
Project prior to the satisfaction of the Park Contingency.
5. The Owners acknowledge that the acknowledgement in Section 2 above shall appear on
the face of any and all Building Permits issued by the City pursuant to this Agreement prior to the
satisfaction of the Park Contingency.
6. The Owners acknowledge that the City, in its regulatory capacity, reserves the right to
evaluate all applications for Building Permits for compliance with all existing laws, ordinances and
regulations controlling the issuance of building permits for construction within the City.
2
7. The Owners agree to indemnify, defend, save and hold harmless the City from any
claims, demands, causes of action, liabilities, losses, costs, fees, expenses, orders, judgments and/or
decrees of any nature whatsoever as a result of granting the Building Permits prior to the satisfaction of
the Park Contingency, including, without limitation, reasonable, out-of-pocket attorneys' fees and
expenses incurred in the defense of any such claim, demand or cause of action.
8. Additional Provisions:
a. Covenant Running with the Land. This Agreement shall constitute a covenant
running with the land and shall remain in full force and effect and be binding upon the Owners and their.
heirs, successors and assigns until such time as the same is modified,released,terminated or extinguished
(including, without limitation,pursuant to Paragraph 8(b)below). These restrictions during their lifetime
shall be for the benefit of and limitation upon all present and future owners of the Property and for the
benefit of the City and the public welfare. However, notwithstanding any other provision of this
Agreement, nothing herein shall be binding upon the City in the event that the City takes ownership to
any portion of the Property, and the Owners together with their heirs, successors and assigns acknowledge
that acceptance of this Agreement does not in any way obligate or provide a limitation on the City.
b. Term. This Agreement is to run with the land and shall be binding on all present
and future owners of the Property and their heirs, successors and assigns until the earlier to occur of(i)
the satisfaction of the Park Contingency, or (ii) the expiration or earlier termination of the Development
Agreement; whereupon, this Agreement shall automatically terminate and extinguish and be void and of
no further force or effect without the need of any further consent, agreement, document or instrument
from the City. Notwithstanding the foregoing, the City covenants and agrees, promptly upon the request
of the then-owner(s) of the Property, to execute and deliver to such then-owner(s) of the Property, an
instrument in recordable form to terminate, release and discharge this Agreement from the Property and
public record.
c. Modification, Amendment, Release. Except as provided in Paragraph 8(b) above
with respect to the automatic termination and extinguishment of this Agreement, this Agreement may be
modified, amended or released as to the Property, or any portion thereof,by a written instrument executed
by the then-owner(s) of the Property, including joinders of all mortgagees, if any, provided that the same
is also approved by the City.
d. Enforcement. Enforcement shall be by action against any parties or persons
violating, or attempting to violate, any term, covenant, condition or provision of this Agreement. The
3
prevailing party in any action or suit pertaining to or arising out of this Agreement shall be entitled to
recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be
reasonable for the services of its attorney. This enforcement provision shall be in addition to any other
remedies available at law,in equity or both.
e. Election of Remedies. All rights,remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights,remedies or privileges.
f. Severability. In the event any term or provision of this Agreement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
g. Recording. This Agreement shall be filed of record in the public records of
Miami-Dade County, Florida at the cost of the Owners. This Agreement shall become effective
immediately upon recordation.
h. Acceptance of Agreement. Acceptance of this Agreement does not obligate the
City in any manner to make, nor does it entitle the Owners to, a favorable recommendation or approval of
any application,zoning or otherwise, and the City and its boards, departments and/or agencies retain their
full power and authority to deny each such application in whole or in part and to decline to accept any
conveyance or dedication.
i. Owner. The term"Owners"shall include the Owners, and their heirs, successors
and assigns, except that Owners shall not refer to the City.
[Execution Pages Follow]
4
IN WITNESS WHEREOF, .,has caused these present to be signed in its name on this
day of ,
500 ALTON ROAD VENTURES, LLC, a
Delaware limited liability company
By:
David Smith,Vice President
Print Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
DAVID SMITH, as a Vice President of 500 ALTON ROAD VENTURES, LLC, a Delaware limited
liability company, on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
5
1220 SIXTH, LLC, a Delaware limited liability
company
By:
David Smith,Vice President
Print Name:
Print Name:
STATE OF FLORIDA )
) SS: •
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
DAVID SMITH, as a Vice President of 1220 SIXTH, LLC, a Delaware limited liability company, on
behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
6
SOUTH BEACH HEIGHTS I, LLC, a Delaware
limited liability company
By:
Marisa Galbut, President
Print Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
MARISA GALBUT, as President of SOUTH BEACH HEIGHTS I, LLC, a Delaware limited liability
company, on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
7
KGM EQUITIES, LLC, a Delaware limited
liability company
By:
David Smith,President
Print Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
DAVID SMITH, as President of KGM EQUITIES, LLC, a Delaware limited liability company, on
behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
pg.8
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY:
pg.9
EXHIBIT"B"
DEVELOPMENT AGREEMENT
pg.10
EXHIBIT"C"
LEGAL DESCRIPTION OF PARK SITE:
pg.11
EXHIBIT"D"
LEGAL DESCRIPTION OF DEVELOPMENT SITE:
pg.12
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DATE: A7-02
T 305 372 1812 F 305.372.1175
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Arquitectonica International.All designs wheeled in these drawings are property of Arguiteclonica International All copyrights reserved(c)2018.The data included In this study is
conceptual in nature and will continue to be modified throughout the course of the protects development with the eventual integration of structural,MEP and Me safety systems.As these 0 to 20 50 100 tat e
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No copies,transmissions,reproductions,or electronic manipulation of any portion of these drawings in whole or in part are to be made without the express written permission of MIAMI BEACH,FL 33139 12/05/2018
Afquitectonica International.All designs indicated in these drawings are property of Arquiteclonica Intemational.NI copyrights reserved(c)2018.The data included in this study is
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13053721812 F305372.1175 EBz A7_06
. . . DATE:
No copies,transmissions,reproductions.or electronic manipulation of any portion of these dravnrgs in whole or in part are to be made without the express written permission of Note:Areas are approximate 12/05/2018
MIAMI BEACH,FL 33139
Arquitectonica International.All designs indicated in these drawings are property of Arquhectonica International.All copyrights reserved(c)2018.The data included in this study is
conceptual in nature and will continue to be modified throughout the course of the projects development with the eventual integration of structural,MEP and life safely systems.As these 0 10 20 50 100 rale
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ARQUITECTONICA RENDERED SITE PLAN
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EXHIBIT"M"-PURCHASE AND SALE AGREEMENT
•
PURCHASE AND SALE AGREEMENT1
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is executed this
day of , 20_, by and among SOUTH BEACH HEIGHTS I, LLC, a Delaware
limited liability company, and KGM EQUITIES, LLC, a Delaware limited liability company
(collectively, "Park Site Owner") and the CITY OF MIAMI BEACH, a Florida municipal
corporation ("City").
RECITALS
A. Park Site Owner owns the land constituting the Park Site (as hereinafter defined);
B. 500 Alton Ventures, LLC, a Delaware limited liability company, 1220 Sixth,
LLC, a Delaware limited liability company and South Beach Heights I, LLC, a Delaware limited
liability company (collectively, "Development Site Owner") own the land constituting the
Development Site (as hereinafter defined);
C. City owns the land constituting the City Parcel (as hereinafter defined), which is a
publicly dedicated roadway known as 6th Street;
D. Park Site Owner, Development Site Owner and City have entered into that certain
Development Agreement, dated as of , 2018, pursuant to Sections 163.3220-163.3243,
Florida Statutes (the "Florida Local Government Development Agreement Act") and Section
118-4 of the City's Code (the "Development Agreement"), which Development Agreement will
be recorded in the Public Records of Miami-Dade County, Florida;
E. The Development Agreement provides (among other things) that (i) City will
vacate and abandon and convey the City Parcel to Development Site Owner, subject to the 6th
Street Easement Agreement (as defined in the Development Agreement); and (ii) Park Site
Owner will: (a) convey the Park Site to City, subject to the Permitted Exceptions (as hereinafter
defined); and (b) improve the Park Site with the Park Project(as hereinafter defined);
F. The parties desire to enter into this Agreement to more particularly describe their
mutual obligations with respect to the subject matter set forth herein.
NOW, THEREFORE, in consideration of the premises and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, (i) Park Site
Owner agrees to convey the Park Site to City, and City agrees to accept the Park Site from Park
Site Owner; and (ii) City agrees to convey the City Parcel to Development Site Owner, and
Development Site Owner agrees to accept the City Parcel from City, in each instance on the
terms and conditions contained herein:
I As a general note,to the extent applicable,definitions,certain conditions/milestones/deadlines and other
provisions must be revised to be consistent with the final version of the Development Agreement
Section 1. Definitions and References. The following terms, as used in this
Agreement,have the following meanings:
"Agreement Date" means the date upon which this Agreement has been executed
by Park Site Owner and City.
"Business Day" shall mean any day other than a Saturday, Sunday, any federal or
state holiday and the following Jewish holidays: Passover (the first two (2) days and last two (2)
days only), Shavuot (two (2) days), Rosh Hashanah (two (2) days), Yom Kippur (one (1) day),
and Sukkot (the first two (2) days and last two (2) days only). If any period expires on a day
which is not a Business Day or any event or condition is required by the terms of this Agreement
to occur or be fulfilled on a day which is not a Business Day, such period shall expire or such
event or condition shall occur or be fulfilled, as the case may be, on the next succeeding
Business Day.
"City Parcel" means the real property more specifically described on Exhibit A,
attached hereto and incorporated herein by this reference, together with all tenements,
hereditaments, development rights, easements, privileges, reversions, remainders and other rights
and appurtenances belonging or in any manner appertaining thereto, including, without
limitation, all reversionary interests in and to any adjoining or abutting rights-of-way.
"Closing" means the consummation of the conveyance of the City Parcel by City
to Park Site Owner, and the conveyance of the Park Site by Park Site.Owner to City, pursuant
to Section 7.1 of this Agreement.
"Closing Date" means the date upon which the Closing occurs, which shall be a
date set by Park Site Owner upon not less than ten (10) Business Days' prior written notice to
City, provided Park Site Owner has satisfied the Hazardous Substance Environmental
Contingency (as defined in Development Agreement), and shall be subject to the applicable
provisions of this Agreement regarding extension or termination.
"Contracts" means all contracts, and other agreements, written or oral (exclusive
of the Leases), governing or relating to the Park Site.
"County" means Miami-Dade County, a political subdivision of the State of
Florida.
"Development Site" means the real property more specifically described
in Exhibit B-2, attached hereto and incorporated herein by this reference.
"Hazardous Substances" means (i) those substances included within the
definitions of "hazardous substances," "hazardous materials," "toxic substances" or "solid
waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. § 960, et sec., the Resource Conservation and Recovery Act of 1976, 42
U.S.C. § 6901, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et sec., or
the Clean Water Act, 33 U.S.C. § 1321, et seq., and in the regulations promulgated pursuant
thereto; (ii) those substances listed in the United States Department of Transportation Table (49
CFR § 172.101) or by the Environmental Protection Agency as "hazardous substances"; (iii)
such other substances, materials and wastes which are regulated, or classified as hazardous or
toxic, under applicable local, state or federal law or regulations; and (iv) any material, waste or
substance which is petroleum, asbestos, polychlorinated biphenyls, flammable explosives or
radioactive materials.
"Leases" means all leases, licenses and other agreements, whether oral or written,
for the use or occupancy of any portion of the Park Site or improvements located thereon as of
the Agreement Date.
"Park Improvements" means all improvements that comprise the Park Project that
are to be constructed on the Park Site in accordance with the Park Zoning Approval (as defined
in the Development Agreement).
"Park Project" shall mean the improvements to be made to the Park Site,
including, without limitation, the Park Improvements, as further described in Paragraph 7(d) of
the Development Agreement.
"Park Site" means the real property more specifically described in Exhibit B-1,
attached hereto and incorporated herein by this reference, together with all tenements,
hereditaments, development rights, easements,privileges, reversions, remainders and other rights
and appurtenances belonging or in any manner appertaining thereto, including without limitation
all reversionary interests in and to any adjoining or abutting rights-of-way.
"Permitted Exceptions" means (i) the title exceptions set forth in Exhibit C
hereto; (ii) the Development Agreement; (iii) all documents, agreements and/or instruments
(including, without limitation, easements, covenants and restrictions) entered into as a
requirement under or in connection with or as contemplated by the Development Agreement
(including, without limitmation, the Temporary Construction and Access Easement, the
Covenant in Lieu of Unity of Title, the Floridian Parking Easement Agreement and the Vacation
Resolution (each as defined in the Development Agreement)); (iv) all documents, agreements
and/or instruments (including, without limitation, easements, covenants and restrictions) entered
into in connection with or as required as a condition to (a) Park Site Owner's obtaining the Park
Zoning Approval and/or constructing the Park Project, and/or (b) Development Site Owner's
obtaining the Project Zoning Approvals; (v) all matters disclosed on the Survey; and (vii) any
New Title Matter(s) which is (are) approved or deemed approved by City in accordance
with Section 2.3.
"Survey" means that certain [INSERT DESCRIPTION OF SURVEY],
performed by Surveyor.
"Surveyor" means Richard E. Cousins, Professional Land Surveyor and Mapper,
Florida Registration No. 4188, of Cousins Surveyors &Associates, Inc.
"Title Agent" means Greenberg Traurig, P.A., as agent for Chicago Title
Insurance Company.
"Title Commitment" means that certain American Land Title Association
Commitment issued by Title Agent on behalf of Title Company, Order No.: [ 1,
having an effective date of[ 1 at [ 1 p.m. ET.
"Title Company"means Chicago Title Insurance Company.
"Title Policy" means the standard form of American Land Title Association Title
Insurance Policy to be issued to City by the Title Company pursuant to the Title Commitment,
subject to the Permitted Exceptions.
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them
in the Development Agreement.
Section 2. Title Evidence.
2.1 Title Insurance Commitment. As of the Agreement Date, City has
received and approved the Title Commitment, including the Permitted Exceptions shown therein.
2.2 Survey. As of the Agreement Date, City has received and approved the
Survey, including all matters shown thereon.
2.3 Subsequent Matters. If, subsequent to the effective date of the Title
Commitment, new title exceptions are discovered or the Title Company raises a title exception
not disclosed in the Title Commitment, or if, subsequent to the certification date of the Survey,
new matters of survey are discovered (in each of the foregoing instances, other than Permitted
Exceptions) (any such new matter being hereinafter referred to as "New Title Matter"), then City
may raise objections to such New Title Matter(s)by delivering written notice thereof to Park Site
Owner on or before the date that is the earlier of: (a) five (5) days after City's receipt of the
updated Title Commitment or Survey (as applicable); or (b) the Closing Date. If City fails to
timely deliver to Park Site Owner an objection notice regarding any New Title Matter(s), then
City shall have waived its right to object to such New Title Matter(s), and such New Title
Matter(s) shall be a Permitted Exception(s). However, if City timely delivers to Park Site Owner
an objection notice regarding any New Title Matter(s), then Park Site Owner shall have the right
(but not the obligation) to deliver to City, within five (5) days after receipt of such objection
notice (the "Title Response Period"), written notice as to whether or not Park Site Owner will
cure or remove such New Title Matter(s) at or prior to Closing (the "Cure Notice"). If Park Site
Owner fails to timely deliver a Cure Notice to City, or timely deliver a Cure Notice to City but
refuse to cure or remove all New Title Matters set forth in an objection notice, then City shall
have the right, at City's sole option, to either (y) accept title to the Park Site in its then existing
condition and proceed with Closing, in which event all such New Title Matters that Park Site
Owner has not agreed to cure or remove shall be deemed Permitted Exceptions; or (z) terminate
this Agreement by written notice to Park Site Owner, in which case the parties hereto will have
no further rights or obligations hereunder except those which expressly survive the termination
of this Agreement. If Park Site Owner timely delivers a Cure Notice, then it may, at its sole
option and upon written notice to City delivered at least five (5) days prior to the then-scheduled
Closing Date, extend the Closing for a period of up to one hundred twenty (120) days to permit
Park Site Owner to cure or remove any such New Title Matter(s) that Park Site Owner elected to
cure or remove in such Cure Notice. Notwithstanding any provision in this Section 2.3 to the
contrary, to the extent City's objection notice with respect to any New Title Matter involves any
mechanic's lien(s) arising from or related to Park Site Owner's or Development Site Owner's use
of the Park Site or construction of the Park Improvements, Park Site Owner shall cure or remove
such New Title Matter(s) at or prior to Closing.
Section 3. Park Site Owner's Representations and Warranties. Park Site Owner
hereby represents and warrants to City as follows:
3.1 Due Execution and Performance. This Agreement has been duly executed
and delivered by Park Site Owner and constitutes the legal, valid and binding obligation of Park
Site Owner enforceable in accordance with its terms. The Park Deed(as hereinafter defined) and
all other documents, instruments and agreements required to be delivered by Park Site Owner
pursuant to this Agreement will be, when executed and delivered, duly executed and delivered by
Park Site Owner and constitute the legal, valid and binding obligations of Park Site Owner
enforceable in accordance with their respective terms. Subject to Section 6 below, neither the
execution, delivery or performance of this Agreement or any document, instrument or agreement
required to be delivered by Park Site Owner pursuant hereto, nor the consummation of the
transactions contemplated hereby, is prohibited by, or requires Park Site Owner to obtain the
consent, approval or authorization of, or notice to or filing or registration with, any person,
public authority, court or any other entity having jurisdiction over Park Site Owner or the Park
Site.
3.2 Binding Agreements. The execution and delivery by Park Site Owner of
this Agreement and the performance by Park Site Owner of Park Site Owner's obligations
hereunder do not and will not conflict with, or result in a breach of or a default or violation
under, any contract, agreement or arrangement to which Park Site Owner is a party or any
statute, decree,judgment, regulation, order or rule of any governmental authority or court having
jurisdiction over Park Site Owner or the Park Site.
3.3 Mechanic's Liens. At Closing there will not be any unpaid bills for labor,
services or work performed or rendered upon the Park Site or for materials or supplies furnished
or delivered to the Park Site that could result in the filing of mechanics', materialmen's or
laborers' liens upon the Park Site.
3.4 Litigation. Except as disclosed in the Title Commitment, there are no suits
or proceedings pending or, to Park Site Owner's knowledge, threatened in writing against or
concerning Park Site Owner which would prohibit Park Site Owner from conveying the Park Site
to City or which could result in a lien being recorded against the Park Site after Closing.
3.5 Sales Taxes. Except as disclosed in the Title Commitment, Park Site
Owner has paid all sales taxes due with respect to the Park Site and the rents or other revenue
therefrom, if any.
3.6 Hazardous Substances. Other than as disclosed by the Developer Site
Assessments and/or the City Environmental Assessments (each as defined in the Development
Agreement), Park Site Owner has no knowledge of(i) any Hazardous Substance present on or
within the Park Site; (ii) any present or past generation, recycling, reuse, sale, storage, handling,
transport and/or disposal of any Hazardous Substance on or within the Park Site; or (iii) any
failure to comply with any applicable governmental, environmental laws, regulations, ordinances
or orders relating to the generation, recycling, reuse, sale, storage, handling, transport and/or
disposal of any Hazardous Substance.
3.7 Contracts. There are no Contracts in effect with respect to the Park Site
that will be binding upon City as of Closing.
3.8 Leases. There are no Leases in effect with respect to the Park Site that
will be binding upon City or the Park Site as of Closing.
3.9 Statements and Information and Park Site Owner. All representations and
warranties of Park Site Owner set forth in this Section 3 are, and on and as of the Closing Date
will be, correct in every material respect but shall not survive Closing.
Section 4. City's Representations and Warranties. City hereby represents and
warrants to Park Site Owner as follows:
4.1 Standing of City. City has full power and authority to execute, deliver and
perform this Agreement and consummate the transactions contemplated hereby.
4.2 Due Execution and Performance. Upon satisfaction of the condition
specified in Section 6.2 below, this Agreement will have been duly authorized, executed and
delivered by City and constitute the legal, valid and binding obligations of City enforceable in
accordance with its terms.
Section 5. Covenants.
5.1 Covenants of Park Site Owner. Park Site Owner hereby covenants with
City as follows:
(a) Compliance. Prior to Closing, Park Site Owner will continue to
comply with all Contracts, Leases, authorizations, approvals and legal requirements applicable to
the Park Site. Park Site Owner will not enter into any Contracts or Leases with respect to the
Park Site that will be binding upon City after Closing without the prior written consent of City.
(b) Property. Other than as contemplated under the Development
Agreement and the Temporary Construction and Access Easement, Park Site Owner will not
perform or allow the performance of any construction on the Park Site.
(c) Cooperation. Park Site Owner will cooperate with City in good
faith in connection with City's performance of any environmental investigations, examinations
and inspections of the Park Site, subject to the terms, conditions and limitations concerning such
investigations, examinations and inspections contained in the Development Agreement.
5.2 Covenants of City. City will continue to comply with all contracts,
authorizations, approvals and legal requirements applicable to the City Parcel. City Owner will
not enter into any contracts or leases with respect to the City Parcel that will be binding upon
Development Site Owner after Closing without the prior written consent of Development Site
Owner. City shall not encumber title the City Parcel, it being understood and agreed that the
only exceptions to title with respect to the City Parcel shall be the 6th Street Easement Agreement
and the Covenant in Lieu of Unity of Title.
Section 6. Conditions Precedent to Closing. The obligations of City to close on the
acquisition of the Park Site pursuant to this Agreement are conditioned upon the fulfillment of
each of the conditions contemplated by this Section 6 on or before the Closing Date:
6.1 Correctness of Representations and Warranties. Each of the
representations and warranties of Park Site Owner set forth herein shall have been true and
complete in all material respects when made and on the Closing Date as if made at and as of that
time.
6.2 Vacation Resolution. City shall have adopted the Vacation Resolution.
6.3 Absence of Adverse Change. Intentionally Deleted.
6.4 Commission Approval; Execution and Delivery. The City Commission
shall have approved this Agreement and the transaction contemplated hereby and City shall have
caused this Agreement to be executed and delivered to Park Site Owner.
Section 7. Closing; Post Closing Obligations.
7.1 Closing. Closing shall be held at the offices of the attorneys for City,
Holland&Knight LLP, located at 701 Brickell Avenue, Miami,Florida 33131.
7.2 Closing Expenses.
(a) At Closing, Park Site Owner shall pay or cause to be paid the cost
of the Title Commitment, the cost of recording the Park Deed and the City Parcel Deed (as
hereinafter defined), any corrective instruments related to the Park Site, all documentary stamp
taxes and surtax on the Park Deed and the City Parcel Deed, and the cost of the Survey.
(b) Each party will pay its own attorneys' fees and fees owed to its
consultants or agents.
7.3 Delivery of Documents by Park Site Owner. At Closing, in addition to
any other documents specifically required to be delivered or acts required to be done pursuant to
this Agreement and under Paragraph 9 of the Development Agreement, Park Site Owner will
deliver to the Title Agent the following:
(a) a special warranty deed conveying to City title to the Park Site (the
"Park Deed"), subject to the Permitted Exceptions.
(b) a mechanic's lien affidavit, to the Title Company and Title Agent,
in form acceptable to the Title Company to delete the standard exception relating to such liens in
City's Title Policy;
(c) an affidavit, to the Title Company and Title Agent, that there are
no unrecorded easements and that Park Site Owner has exclusive possession of the Park Site, in
form acceptable to the Title Company and Title Agent to delete the standard exceptions relating
to such matters in City's Title Policy;
(d) a gap affidavit and indemnification agreement acceptable to the
Title Company and Title Agent for purposes of deleting the "gap" from City's Title Policy;
(e) a certificate of Park Site Owner, dated as of the Closing Date,
certifying that the representations and warranties of Park Site Owner contained in this
Agreement are true as of the Closing Date;
(f) appropriate evidence of Park Site Owner's corporate or partnership
existence and authority to sell and convey the Park Site, as required by the Title Company and
Title Agent in order to issue the Title Policy;
(g) a non-foreign certificate and other documentation to meet the
non-withholding requirements under FIRPTA and any other federal statute or regulations;
(h) evidence that all real estate taxes and assessments attributable to
the Park Site which are due and owing through the Closing Date have been paid in full; and
(i) such other items as may be reasonably necessary or required to
complete the Closing contemplated by this Agreement.
7.4 Delivery of Documents by City. At Closing, in addition to any other
documents specifically required to be delivered or acts required to be done pursuant to this
Agreement and under Paragraph 9 of the Development Agreement, City will deliver to the Title
Agent the following:
(a) a quitclaim deed conveying to Development Site Owner title to the
City Parcel, subject only to the 6th Street Easement Agreement and the Covenant in Lieu of Unity
of Title (the "City Parcel Deed");
(b) an affidavit, to the Title Company and Title Agent, in a form
satisfactory to delete all standard exceptions to any title insurance policy to be obtained by
Development Site Owner with respect to the City Parcel;
(c) appropriate evidence of City's existence and authority to sell and
convey the City Parcel, as required by the Title Company and Title Agent in order to issue a title
insurance policy to Development Site Owner; and
(d) such other items as may be reasonably necessary or required to
complete the Closing contemplated by this Agreement.
7.5 Property Revenues and Obligations. All revenue from the Park Site
attributable to periods prior to the Closing shall belong solely to Park Site Owner. All expenses
of the Park Site attributable to periods prior to the Closing shall be paid solely by Park Site
Owner. Park Site Owner shall pay or cause to be paid all ad valorem real estate taxes and
assessments due and owing that are attributable to the Park Site for all periods prior to Closing.
7.6 Execution and Delivery of Closing Statement. At Closing, in addition to
any other documents required to be executed and delivered in counterparts by both parties, Park
Site Owner and City will execute and deliver to each other closing statements accounting for
sums adjusted or disbursed at Closing.
Section 8. Brokers. Each party represents and warrants to the other that it has not
consulted, dealt or negotiated with any real estate broker, finder, salesman or agent to whom a
commission or other compensation is or could be due in connection with the exchange of the
City Parcel and Park Site by Park Site Owner and City or any other matter associated with this
Agreement. Each party hereby agrees to hold harmless the other from any costs, liabilities or
expenses, including reasonable costs and attorneys' fees incurred in trial, appellate or post-
judgment proceedings, related to or arising out of any breach of the representations, warranties
and agreements set forth in this Section 8. Anything to the contrary notwithstanding, the
representations, warranties and agreements of this Section 8 will survive closing of the
transactions which are the subject of this Agreement and the delivery of the deeds of
conveyance, or any earlier termination of this Agreement.
Section 9. Default.
9.1 City's Default. It shall be a default by City under this Agreement, if(a)
City shall fail to observe or perform any term, covenant or condition of this Agreement on City's
part to be observed or performed and City shall fail to cure or remedy the same within thirty(30)
days of City's receipt of written notice from Park Site Owner with respect to monetary defaults
or within sixty(60) days of City's receipt of written notice from Park Site Owner with respect to
non-monetary defaults (provided, however, if such non-monetary default is susceptible to cure
but cannot reasonably be cured within said sixty(60) day period, then City shall not be in default
of this Agreement so long as City commences such cure within such initial sixty(60) day period
and diligently and in good faith pursues such cure to completion), or(b) City shall fail to observe
or perform any term, covenant or condition of the Development Agreement on City's part to be
observed or performed and City fails to cure or remedy the same within the applicable notice and
cure periods set forth therein. Notwithstanding the foregoing, there shall be no notice and cure
period with respect to City's failure to comply with its obligations under Sections 7.4 and 7.6
above. In the event City defaults hereunder and such default is not cured within any applicable
notice and cure period, then the Park Site Owner's sole and exclusive remedy shall be to: (a)
terminate this Agreement; or(b) commence an action for specific performance to compel City to
comply with the terms of this Agreement to the extent permitted by applicable law.
9.2 Park Site Owner's Default. It shall be a default by Park Site Owner under
this Agreement, if(a) Park Site Owner shall fail to observe or perform any term, covenant or
condition of this Agreement on Park Site Owner's part to be observed or performed and Park
Site Owner shall fail to cure or remedy the same within thirty (30) days of Park Site Owner's
receipt of written notice from City with respect to monetary defaults or within sixty (60) days of
Park Site Owner's receipt of written notice from City with respect to non-monetary defaults
(provided, however, if such non-monetary default is susceptible to cure but cannot reasonably be
cured within said sixty (60) day period, then Park Site Owner shall not be in default of this
Agreement so long as Park Site Owner commences such cure within such initial sixty (60) day
period and diligently and in good faith pursues such cure to completion), or (b) Park Site Owner
or Development Site Owner shall fail to observe or perform any term, covenant or condition of
the Development Agreement on Park Site Owner's or Development Site Owner's part to be
observed or performed and Park Site Owner or Development Site Owner shall fail to cure or
remedy the same within the applicable cure periods set forth therein. Notwithstanding the
foregoing, there shall be no notice and cure period with respect to Park Site Owner's failure to
comply with its obligations under Sections 7.3 and 7_6 above. In the event Park Site Owner
defaults hereunder and such default is not cured within any applicable notice and cure period,
then the City's sole and exclusive remedy under this Agreement shall be to: (a) terminate this
Agreement; or (b) commence an action for specific performance to compel Park Site Owner to
comply with the terms of this Agreement to the extent permitted by applicable law.
Section 10. Miscellaneous.
10.1 Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. Park Site Owner and City agree that
Miami-Dade County, Florida is the appropriate and exclusive state court venue, and that the U.S.
District Court, Southern Division of Florida is the appropriate and exclusive federal court venue,
in connection with any litigation between the parties with respect to this Agreement. All of the
parties to this Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the parties hereto.
In construing this Agreement, captions and section and paragraph headings shall be disregarded
and the use of any gender shall include every other and all genders. All of the exhibits
referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the
event of any litigation between the parties under this Agreement for a breach thereof, the
prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and
appellate levels. BY ENTERING INTO THIS AGREEMENT CITY AND PARK SITE
OWNER EXPRESSLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY
WITH RESPECT TO ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT. The terms of this Section 10.1 shall survive the Closing or earlier
termination of this Agreement.
10.2 Notices. All notices required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent
by recognized overnight courier (such as Federal Express) or mailed by certified or registered
mail, return receipt requested, in a postage prepaid envelope, and addressed as follows:
To City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Holland&Knight LLP
701 Brickell Avenue
Miami, Florida 33131
Attn: Joseph G. Goldstein
To Park Site Owner:
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: David Smith
Copy to:
do Crescent Heights
2200 Biscayne Boulevard
Miami, Florida 33137
Attn: Michael Sheitelman
Bercow Radell Fernandez&Larkin
200 S. Biscayne Boulevard
Miami, Florida 33131
Attn: Michael W. Larkin
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed given three
(3) days after deposit in the U.S. mail. The terms of this Section 10.2 shall survive the Closing
or earlier termination of this Agreement.
10.3 Severability. In the event any term or provision of this Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force and effect. To the extent of
any conflict between the terms and conditions of this Agreement and the terms and conditions of
the Development Agreement, the terms and conditions of the Development Agreement shall
govern.
10.4 Successors and Assigns. This Agreement shall be binding upon and
enforceable by and against the parties hereto, their personal representatives, heirs, successors,
grantees and assigns. The terms and conditions of Paragraph 43 of the Development Agreement
shall apply with respect to Park Site Owner's right to assign or transfer this Agreement.
10.5 Entire Agreement. This Agreement,. together with the documents
referenced herein, including, without limitation, the Development Agreement, constitutes the
entire agreement and understanding among the parties with respect to the subject matter hereof,
and there are no other agreements, representations or warranties other than as set forth herein.
Neither party shall be bound by any agreement, condition, warranty nor representation other than
as expressly stated in this Agreement. This Agreement may not be changed, altered or modified
except by an instrument in writing signed by both parties hereto, subject to the requirements for
the amendment of development agreements in the Florida Local Government Development
Agreement Act.
10.6 Survival. Except as otherwise expressly provided in this Agreement, the
terms, conditions and provisions contained herein shall not survive the Closing and shall be
merged into the respective deeds.
10.7 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original,but all of which will constitute the same
instrument.
10.8 Further Assurances. In addition to the obligations required to be
performed under this Agreement by the parties hereto at the Closing, each such party agrees to
perform such other acts, and to execute, acknowledge and deliver subsequent to the Closing such
other instruments, documents and other materials, as the other party may reasonably request in
order to effectuate the consummation of the transactions contemplated herein. The provisions of
this Section 10.8 shall survive Closing.
10.9 No Partnership. This Agreement does not and shall not be construed to
create a partnership, joint venture or any other relationship between the parties except the
relationship of seller and purchaser.
10.10 Strict Performance; Waiver. No failure by City or Park Site Owner to
insist upon strict performance of any covenant, agreement, term or condition of this Agreement
or to exercise any right or remedy available to such party by reason of the other party's default or
an event of default hereunder shall constitute a waiver of any such default, event of default or of
such other covenant, agreement, term or condition hereunder.
10.11 Termination. Notwithstanding anything to the contrary contained herein,
if any party hereto terminates the Development Agreement in accordance with its terms, then this
Agreement shall automatically terminate as of the same date, in which case the parties hereto
will have no further rights or obligations hereunder except those which expressly survive the
termination of this Agreement.
[The remainder of page intentionally left blank]
[Signatures appear on next pages]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date(s)hereinafter set forth.
PARK SITE OWNER:
SOUTH BEACH HEIGHTS I, LLC, a
Delaware limited liability company
By:
Name:
Its:
KGM EQUITIES, LLC, a Delaware
limited liability company
By:
Name:
Its:
[The remainder of page intentionally left blank]
[Signatures continue on next page]
[Signature page to City/Alton PSA]
CITY:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of Florida
By:
, Mayor
ATTEST:
By: SEAL]
, City Clerk
Date:
[Signature page to City/Alton PSA]
EXHIBITS
A - LEGAL DESCRIPTION OF CITY PARCEL
B-1 - LEGAL DESCRIPTION OF PARK SITE
B-2 - LEGAL DESCRIPTION OF DEVELOPMENT SITE
C - PERMITTED EXCEPTIONS
EXHIBIT"N"-VACATION RESOLUTION
RESOLUTION NO. 2018-30648
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND READING OF
THE TITLE OF THIS RESOLUTION AND A DULY NOTICED PUBLIC HEARING,
THE VACATION OF 6TH STREET, WEST OF ALTON ROAD AND EAST OF
WEST AVENUE, IN FAVOR OF THE ABUTTING PROPERTY OWNERS, SOUTH
BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH,
LLC (COLLECTIVELY, THE "APPLICANTS"); CONDITIONING AND MAKING
THE AFORESTATED VACATION SUBJECT TO SATISFACTION OF CERTAIN
CONDITIONS, AS MORE SPECIFICALLY STATED IN THAT CERTAIN
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SOUTH BEACH
HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, 1220 SIXTH, LLC, AND
KGM EQUITIES, LLC (COLLECTIVELY, THE "DEVELOPER"), AND AS
APPROVED BY THE CITY PURSUANT TO RESOLUTION NO.
2018-30647 ; WHICH CONDITIONS, AMONG OTHER THINGS, SHALL
REQUIRE THE DEVELOPER TO: (1) GRANT TO THE CITY A 50 FOOT WIDE
PERPETUAL NON-REVOCABLE UTILITY, ROADWAY AND PEDESTRIAN
ACCESS EASEMENT ACROSS THE VACATED 6TH STREET RIGHT-OF-WAY;
(2) CONVEY TO THE CITY, IN FEE SIMPLE, A MINIMUM OF 3.0 ACRES, WITHIN
THE 5TH - 7TH STREET BLOCKS, BETWEEN WEST AVENUE AND ALTON
ROAD, FOR A WORLD CLASS PUBLIC MUNICIPAL PARK, TO BE DESIGNED
AND CONSTRUCTED AT THE DEVELOPER'S EXPENSE; AND (3) COMPLETE
PHASE 1 OF THE AFORESTATED PARK PROJECT; FURTHER WAIVING BY
5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO
SECTION 82-39(a) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY.
WHEREAS, the City holds a right of way dedication to a fifty (50)foot wide right-of-way, known
as 6th Street, running from West Avenue to Alton Road, as set forth in the sketch attached as Exhibit
"A" hereto, consisting of approximately 12,719.3 square feet in total lot area; as shown on (a) the
Amended Plat of the Fleetwood Subdivision, recorded in Plat Book 28, page 34 of the Public Records
of Miami-Dade County (the "Fleetwood Plat") and (b) the Amended Plat of Aquarium Site, recorded in
Plat Book 21, Page 83 of the Public Records of Miami-Dade County, and approved by the City (the
aforestated property is hereinafter referred to as the "City Right-of-Way" or"City ROW"); and
WHEREAS, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC,
and KGM Equities, LLC (collectively, the "Developer") own the property to the south of, north of, and
abutting, the City Right of Way; which parcels are known as 500, 630 and 650 Alton Road, 1220 6th
Street, and 659, 701, 703, 711, 721, 723, 727 and 737 West Avenue; and
WHEREAS, the Developer intends to develop the property as a mixed-use residential and
commercial development (collectively, the "Proposed Development") pursuant to a Florida Statute
Chapter 163 development agreement entered into between the City and the four entities identified
above (the "Development Agreement"), and to convey to the City a dedicated, constructed, world-
class park, consisting of no less than 3.0 acres; and
WHEREAS, the Proposed Development shall be developed as a unified development site;
and
WHEREAS, two of the Developers (500 Alton Road Ventures, LLC and 1220 Sixth, LLC) are
the owners of the property abutting the south side of 6th Street, and a third, South Beach Heights I,
•
LLC, is the owner of the property abutting the north side of 6th Street (collectively these three entities,
as the abutting property owners, are requesting the vacation and are also referred to herein as the
"Applicants"); and
WHEREAS, in conjunction with Proposed Development on the Property, Applicants are
requesting that the City vacate the City Right-of-Way, and have submitted their application to the
City's Public Works.Department with respect thereto; and
WHEREAS, pursuant to the City's existing administrative policies and procedures to
consider the vacation of the City streets, alleys, and/or rights of way, which also require
compliance with Article II, Sections 82-36 through 82-40, of the City Code (which establish the
procedures governing the sale or lease of public property), in addition to the above referenced
application, prior to considering a request for vacation, the following requirements must be
satisfied:
(A) The title of the Resolution regarding the proposed vacation shall be read by the City
Commission on two separate meeting dates, with the second reading to be accompanied
by a duly noticed public hearing. (Note: First reading of the Resolution title occurred at the
City Commission meeting of November 14, 2018);
(B) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee ("FCWPC")for its review (Note: The FCWPC reviewed the proposed vacation at its
July 27th, 2018 meeting, and recommended a term sheet of conditions, which served as the
basis for the City and Developer's negotiation of the resulting Development Agreement, which
is scheduled to be heard at the same Commission meeting as Agenda Item R7A.);
(C) In order for the City Commission and the public to be fully appraised of all conditions
relating to the proposed vacation, the City's Planning Department shall prepare a written
planning analysis, to be submitted to the City Commission concurrent with its consideration of
the proposed vacation (Note: The Planning Department analysis and as required pursuant to
Section 82-38 of the City Code, is attached as Exhibit "B" hereto),
(D) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated, which shall include a definition of the property based on proposed
and possible issues including, without limitation, the highest and best use (Note: An appraisal
was obtained by the City's Public Works Department on June 24, 2018, and the 6th Street right
of way was valued at$7,600,000); and
WHEREAS, Section 82-39(a) of the City Code provides that the lease or sale of public
property also requires an advertised public bidding process, which requirement may be waived by
5/7fn vote of the City Commission; and
WHEREAS, Florida law, requires, upon vacation, that the right-of-way is divided equally
between the abutting property owners; and
WHEREAS, as the only persons entitled to the vacated land are the Applicants (as the
abutting property owners), the City Manager recommends that the Mayor and City Commission waive
the competitive bidding requirement, finding that the public interest is served by waiving such
condition; and
WHEREAS, as required by Section 82-37(a)(2) of the City Code, first reading of the title of the
this Resolution occurred at the City Commission meeting of November 14, 2018; and
WHEREAS, in addition to the requirements set forth in Section 82-36 through 82-40 of the City
Code, Section 1.03(b)(4) of the City Charter also requires that the vacation be approved by 4/7ths vote
of the Planning Board, and 6/7ths vote of the City Commission; and
WHEREAS, at its meeting on September 25, 2018, the Planning Board approved the
proposed vacation (subject to and contingent upon Developer's satisfaction of the conditions
regarding vacation of 6th Street in the Development Agreement) by a 7-0 vote; and
WHEREAS, the Administration, recommends approval of the vacation, following second
reading of the title of the Vacation Resolution and the public hearing, with such vacation being subject
to and contingent upon satisfaction of the the terms contained iri this Resolution and, more
specifically, as expressly set forth in the Development Agreement.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, on second reading of the title of this Resolution, and duly noticed
public hearing, the vacation of 6th Street, west of Alton Road and east of West Avenue, in favor of
the abutting property owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220
Sixth, LLC (collectively, the "Applicants"); conditioning and making the aforestated vacation subject to
satisfaction of certain conditions, as more specifically stated in that certain Development Agreement
between the City and South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC,
and KGM Equities, LLC (collectively, the "Developer"), 'and as approved by the City pursuant to
Resolution No. 2018-30647 ; which conditions, among other things, shall require the
Developer to: (1) grant to the City a 50 foot wide perpetual non-revocable utility, roadway and
pedestrian access easement across the vacated 6th Street right-of-way; (2) convey to the City, in fee
simple, a minimum of 3.0 acres, within the 5th - 7th Street blocks, between West Avenue and Alton.
Road, for a world_class public municipal park, to be designed and constructed at the Developer's -
expense; and (3) complete Phase 1 of the aforestated Park Project; further waiving by 5/7ths vote,
the competitive bidding requirement, pursuant to Section 82-39(a) of the City Code, finding such
waiver to be in the best interest of the City.
PASSED and ADOPTED this 12th day of December, 2018.
ATTEST:
Dan Gelber, Mayor
lZ zkt IV �- A
l
Rafael G. Gran do, ity Clerk `v` �0 APPROVED AS TO
FORM&LANGUAGE •
(Sponsor: Mayor Dan Gelber) %
&FORE ELUTION
:INCORPORATED•
: (Z 4 l
[Vacation Requires 6/7 vote of City C��i " salon��fi ���' City Attorney Date
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• SUN STORN DRAINAGE MANHOLE
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LAND DESCRIPTION: (6TH STREET) MLP METAL LIGHT POLE
I I A PORTION OF 0TH STREET AS SHOWN ON'AMENDED PLAT OF FLEETWOOD TSB TRAFFIC SIGNAL BOX
I I SUBDIVISION',ACCORDING TO THE PLAT THEREOF.AS RECORDED IN PLAT BOOK 28, TSP TRAFFIC SIGNAL POLE
PAGE 34,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,AND'AMENDED WY WATER VALVE
I PUT OF AQUARIUM SITE RESUBDIVISION',ACCORDING TO THE PUT THEREOF,AS PWM WATER METER
R RA
RECORDED IN PLAT BOOR 21,PAGE 03,OF THE PUBUC RECORDS OF MI MI-DADE
COUNTY.FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A ARC DISTANCE
I • I A CENTRAL ANGLE
BEGINNING AT THE SOUTHEAST CORNER OF LOT I.BLOCK 2.OF SAID'AMENDED PLAT POB POINT OF BEGINNING
I I OF FLEETWOOD SUBDIVISION";
Gil I FLOOD ZONE INFORMATION 'THE SOUTH UNE OF LOT 32,BLOCK 2 OF
�I I COMMUNITY MIYUER 120631 SAID•AMENDED PLAT OF FLEETWOOD SUBDIVISION'AND THE NORTH RIGHT OF WAY •
Ri PANEL NUMBER 0319 L LINE OF SAID 6TH STREET,A DISTANCE OF 155.00 FEET TO A POINT ON A TANGENT
7 I ZONE - -- AE CURVE CONCAVE TO THE NORTHWEST;
t;I I BASE FLOOD ELEVATION B THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC
R21 1
EFFECTIVE DATE 09/IT/O9, OF SAID CURVE,HAVING A RADIUS OF 15.00 FEET.A CENTRAL ANGLE OF 90'00'21'
♦ AND AN ARC DISTANCE OF 2356 FEET;
I i I THENCE SOUTH 0722'51'EAST.A DISTANCE OF 85.00 FEET TO A POINT ON A
GTANGENT CURVE CONCAVE TO THE SOUTHWEST;
L- 5r'��s�J�s�- I THENCE NORTHWESTERLY ALONC TRE SOOTN RIGHT OF WAY UNE OF SND 6TH STREET
r,,.••' � Jiii- % --{ AND ALONG THE ARC OF SAID CURVE,HAVING A RADIUS ET 2000 FEET,A CENTRAL •
IO NOTE'' ANGLE OF 89'59'39'AND AN ARC DISTANCE OF 31.11 FEET:
I E" 1. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
I N SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER. THENCE SOUTH 89'57'30'WEST ALONG THE NORTH UNE OF LOT 10 AND LOT 11 OF
"AMENDC THEREOF.
2, LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, ED RAT OF AQUARIUM SITE RESUBDIVISION',ACCORDING TO THE PLAT
I 1 AS RECORDED IN PUT BOOK 21,PAGE U.OF THE PUBUC RECORDS OF
EASEMENTS,OWNERSHIP.OR OTHER INSTRUMENTS OF RECORD. MIAMI-DADE COUNTY,FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH I HEREBY CERTIFY THAT THE'SKETCH OF SURVEY'OF THE IIEREON DESCRIBED
3. THIS SURVEY WAS DONE SOLELY FOR BOUNDARY PURPOSES AND DOES STREET,A DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO PROPERTY IS TRUE AND CORRECT TO THE BEST OF W KNOWLEDGE AND BELIEF
NOT DEPICT TWA JURISDICTION OF ANY MUNICIPAL STATE, THE SOUTHEAST; AS SURVEYED IN THE FIELD UNDER MY DIRECTION IN AUGUST,2016.
FEDERAL OR OTHER ENTITIES. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE STANDARDS OF PRACTICE
I ITHENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY UNE AND ALONG THE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 5J-17 OF
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. UNDERGROUND IMPROVEMENTS NOT SHOWN. ARC OF SAID CURVE,HAVING A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF THE FLORIDA ADMINISTRATIVE CODE.PURSUANT TO SECTION 472.027, FLORIDA
8700'21'AND AN ARC DISTANCE OF 31.42 FEET: STATUTES.THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE
\ SHOWN HEREON,SUBJECT TO 7HE QUALIFICATIONS NOTED HEREON.
6. ELEVATIONS SHOWN HEREON ME BASED ON THE NATIONAL GEODETIC THENCE NORTH 0722'51'WEST,A DISTANCE OF 70.00 FEET;
VERTICAL DATUM OF 1929. FOR THE FIRM,6F: aC e(,..___
\ li J. „e_l I 7. BENCHMARK REFERENCE:MIAMI/DADE COUNTY BENCHMARK 9 D-151 THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY UNE AND ALONG THE SOUTH
�n ELEVATION�.72' UNE OF SAID LOT 1.BLOCK 2,NORTH 69'37'30'EAST,A DISTANCE OF 60.00 FEET
L51" -Jf 6T_J RICHARD E.COUSINS
TO THE POINT OF BEGINNING. ' PROFESSIONAL SURVEYOR AND MAPPER
1-1 B. BEARINGS SHOWN HEN000 ARE ASSUMED. SURVEY DATE;08/30/18 EMOR10A REGISTRATION N0.41138
SAID LANDS SITUATE.LYING AND BEING IN THE CITY OF MIAMI BEACH,MIAMI/DADE
LOCATION MAP (1"=100') COUNTY,FLORIDA;CONTAINING 12,720 SQUARE FEET MORE OR LESS.
COUSINS SURVEYORS & ASSOCIATES, INC. CLIENT: e L r I°I 0 N 3 non mien OWN�' SHEET
3921 SW 47TH AVENUE.SUITE 1011 6TH STREET ,,,,,b,,,,,m,,,,SnrcIS Allan MIST ;yam• ' PROJECT NUYeTH,eeu-12
/A\ EVIE,.CLO IDA AUT IONIZATION'541)86i:190-V7899
i 6648 CRESCENT HEIGHTS MIAMI BEACH, FLORIDA SKETCH OF SURVEY _ _ m,.n. — /0
.--v PHONE(954)689-7786 FAX(954)689-7799 , L, • ` URALE:I' 16 'SHEET
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011
OA% DAVIE, FLORIDA 33314 CLIENT :
VAIr CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
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•
ALTOIV ROAD
I
1
REVISIONS _ DATE FB/PG DWN CKIP' PROPERTY ADDRESS :
LAND DESCRIPTION&SKETCH 09/12/18 ---- AM REC LAND DESCRIPTION 16TH STREET, MIAMI BEACH.
REVISED LAND DESCRIPTION&SKETCH 10/22/18 --- AM REC AND SKETCH
FOR SCALE: 1" = 40'
6TH STREET VACATION r(SHEET 2 OF 3
i
•
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
3921 SW 47TH AVENUE, SUITE 1011CLIENT
CRESCENT HEIGHTS
DAVIE, U •
FLORIDAFLORIA 33314
CERTIFICATE OF AUTHORIZATION LB # 6448
PHONE (954) 689-7766 FAX (954) 689-7799 •
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD CHECKED BY
DWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
POB POINT OF BEGINNING
POC POINT OF COMMENECEMENT
R RADIUS
A ARC DISTANCE
CENTRAL ANGLE
•
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY.
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. •
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY •
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS •
NOTED HEREON.
FOR THE FIRM. BY:
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD'‘ PROPERTY ADDRESS :
LAND DESCRIPTION&SKETCH • 09/12/18 ---- AM mc LAND DESCRIPTION 6TH STREET;MIAMI BEACH J
REVISED LAND DESCRIPTION&SKETCH 10/22/18 ---- AM REC AND SKETCH
• FOR (SCALE: N/A
6TH STREET VACATION
I SHEET 3 OF 3
i
•
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 ) •
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
• II& DAVIE, FLORIDA 33314 •
wig'y CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION: (6TH STREET)
A PORTION OF 6TH STREET AS SHOWN ON "AMENDED PLAT OF FLEETWOOD SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND "AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, OF SAID "AMENDED PLAT OF
FLEETWOOD SUBDIVISION";
THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF LOT 32, BLOCK 2 OF SAID
"AMENDED PLAT OF FLEETWOOD SUBDIVISION" AND THE NORTH RIGHT OF WAY LINE OF
SAID 6TH STREET, A DISTANCE OF 155.00 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 23.56 FEET;
THENCE.SOUTH 00'22'51" EAST, A DISTANCE OF 85.00 FEET TO A POINT ON A TANGENT
CURVE CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET
AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL
ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET;
THENCE SOUTH 89'37'30" WEST ALONG THE NORTH LINE OF LOT 10 AND LOT 11 OF
"AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE
OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY UNE AND ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND
AN ARC DISTANCE OF 31.42 FEET;
THENCE NORTH 00'22'51" WEST, A DISTANCE OF 70.00 FEET;
THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE SOUTH LINE
OF SAID LOT 1, BLOCK 2, NORTH 89'37'30" EAST, A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE
COUNTY, FLORIDA; CONTAINING 12,720 SQUARE FEET MORE OR LESS.
REVISIONS DATE FB/PG DWN CKD% PROPERTY ADDRESS :
LAND DESCRIPTION&SKETCH .09/12/18 ---- AM REC LAND DESCRIPTION (6TH STREET, MIAMI BEACH,
REVISED LAND DESCRIPTION&SKETCH 10/22/19 ---- AIR REC AND SKETCH
FOR C SCALE: N/A
6TH STREET VACATION
CSHEET 1 OF 3
ii
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachti.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the ity Commiss •n 1
FROM: Jimmy L. Morales, City Manager
DATE: November 14, 2018
SUBJECT: Analysis of Proposed Right of Way(ROW)Vacation—6t''Street
}
BACKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale orlease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the public are fully apprised of all conditions relating to the proposed sale or lease.
The proposal is to vacate 6th Street between Alton Road and West Avenue. The right of way
contains approximately 50 feet wide and contains approximately 13,902 square feet in area.
The adjacent property will be providing a 50 foot wide perpetual utility,roadway,and pedestrian
access easement across the vacated city ROW. The following is an analysis based on the
criteria delineated in the Code.
ANALYSIS
1. Whether or not the proposed use is in keeping with city goals and objectives and
• conforms to the city comprehensive plan. •
Consistent—The vacated ROW will continue to be used in a similar fashion as it is
used today. As part of the overall development of the area that will incorporate the
ROW, improvements will be made for pedestrians and bicyclists in the vicinity. This is
consistent with Comprehensive Plan Transportation Element Objective 5,which states
the following:
Objective 5: Pedestrian and Bicycle Circulation
The City shall strive to increase and promote the safe and convenient use of its •
bicycle and pedestrian networks including the creation, extension, and
improvements of bicycle and pedestrian facilities between and among present
and potential major generators of bicycle and pedestrian traffic.
Additionally,the proposal will allow for improved access to the Biscayne Bay Baywalk.
This is consistent with the Comprehensive Plan Conservation/Coastal Zone
Management Element Objective 10,which states the following:
Objective 10: PUBLIC SHORELINE ACCESS •
Increase the amount of public access to the beach or shoreline consistent with
Analysis of Proposed Right of Way Vacation—6t'Street
November 14, 2018
Page 2 of 4
the estimated public need.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns.and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed,the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
Consistent—No negative impacts are anticipated by the proposal. The property being
vacated by the City is within the Medium Intensity Commercial Category(CD-2)future
land use category. This category allows for a maximum floor area ratio (FAR) of 2.0.
Vacation of the ROW will allow approximately 27,804 additional square feet to be
developed within a unified development site with the parcels to the north and south. •
• Though a ROW is proposed to be vacated, no construction is being proposed
within the vacated ROW; therefore there will be no diminution of open space. •
• Vacation of the ROW as vehicular and pedestrian access will be maintained.
The use of the floor area that is made available from the vacation of the ROW
could be used for up to 27,804 SF of floor area or up to approximately 25
residential units. If the floor area is utilized for high rise residential development,
there is the potential to generate approximately 19 peak hour trips if used for
residential purposes.This does not represent a significant increase in peak hour
volumes, and the level of service adopted in the Comprehensive Plan will
•
continue to be maintained along Alton Road/Washington Avenue Sub Area •
within the South Beach Transportation Concurrency Management Area(TCMA).
• No noise level impacts are anticipated from the vacation, as the use of the
property will remain similar in nature. •
• The appearance of the property will improve with the proposed vacation,as it is
expected that a future development will be providing landscaping, pavers,
improved pedestrian paths, and other enhancements. These improvements
should enhance surrounding property values.
• Vacation of the ROW will allow for improved utilization of the adjacent parcels by
allowing for the creation ofa unified development site and the movement of floor
area between the 500'and 700 blocks and lead to the development of a public •
park on the adjacent site.
• Vacation of the ROW way will not impact adopted levels of service for public
infrastructure. Compliance with water, sewer, stormwater, parks, and
transportation concurrency for utilization of the ROW's floor area if utilized,along
with the impact of any related development,will be determined and mitigated in •
conjunction with the building permit process; however no additional utilities or
infrastructure are expected to be necessary specifically as result of the ROW
vacation.
• Vacation of the ROW will not impact utilities;such as electric,water,sewer,and
stormwater transmission,because a utility easement will be provided to the City.
We are committed to providing excellent public service and safety to all who live,work and play In our vibrant tropical,historic community.
Analysis of Proposed Right of Way Vacation-6""Street
November 14, 2018
Page3of4
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent-This proposal expands the City's revenue base by adding untaxed public
property to the tax rolls. The additional floor area that is made available to the adjacent
properties will create additional taxable value. In addition,the vacation will result in the
development of a public park on the site to the north of the ROW that will be paid for by
the property owner and improvements will be made to the ROW area while maintaining
vehicular, pedestrian, and utility access.
4. A determination as to whether or not the development is in keeping with the
surrounding neighborhood,will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project
Consistent - The surrounding neighborhood will not be negatively affected. The
proposed ROW vacation will result in the ability to move floor area within a large
development site. This ability will result in lower scale development throughout much of
the site that will not block views,while allowing that floor area to be concentrated.on one
end of the property in a way that will minimize impacts to views. No environmental
intrusions will be created by the proposed ROW vacation. The proposed public park that
will be developed as a result of the vacation can be utilized to improve long-standing
environmental issues.
•• 0
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent-Vacation of this ROW will not affect the parking or infrastructure needs of
adjacent properties. Surrounding properties are not dependent on the parking provided
within this ROW should it be removed in the future. Any future development on the
adjacent sites that take advantage of the additional floor area that is made available will
have to provide parking pursuant to the requirements of the Land Development -
Regulations.
•
6. Such other issues as the city manager or his authorized designee,who shall be
the city's planning director, may deem appropriate in analysis of the proposed
disposition.
Not applicable-The Planning Department has no other issues it deems appropriate to
analyze for this proposal.
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant tropica4 historic community.
Analysis of Proposed Right of Way Vacation—6"Street
November 14, 2018
.Page4of4
CONCLUSION
Vacation of the public ROW is consistent with the Goals,Objectives,and Policies based on the
approved proposals for the property. The vacation of the 6th Street public ROW will generate no
negative impacts for the surrounding area. The property would continue to serve in much the
same manner; as utility,vehicular, and pedestrian access will continue to be provided.
TRM/RAM
F:\PLAM$PLB1201819-25-181PB 18-0231-500-700 Alton Road—6th Street Vacationl6th Street Vacation-Planning Analysis.doc
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We are committed to providing excellent public service and safetyto all who live work and play in our vibrant tropical,historic community.
EXHIBIT"0"-6TH STREET EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J.Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(6th Street Easement)
THIS EASEMENT AGREEMENT(the"Agreement"), is made this day of
, 201_, by , having an address of 2200 Biscayne Boulevard,
Miami, Florida 33137 (the "Owner") in favor of the City of Miami Beach, a Florida municipal
corporation(the"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property more specifically
described on Exhibit"A" attached hereto and incorporated herein by this reference(the"Property");
WHEREAS, the real property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference(the"Easement Area")is contained within the Property; and
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement in, upon, under and
through the Easement Area in favor of the City for the"Easement Purposes"(as hereinafter defined).
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. Subject to the rights reserved herein, the Owner hereby grants to the
City a perpetual, non-exclusive and irrevocable easement in, upon, under and through the Easement Area
for the purposes of (a) constructing, installing, operating, using, maintaining, repairing and replacing
landscaping, sidewalks, street lighting, traffic or directional signage, underground utilities, drainage,
roadways and related infrastructure with respect to each of the foregoing (the "Improvements") within the
Easement Area,(b)granting to any parties providing utilities services the right to use and occupy the Easement
Area for and in connection with the providing of any such utilities, and(c)unrestricted ingress and egress by
the general public for pedestrian and vehicular travel over and across the Easement Area (collectively, the
"Easement Purposes"). The term"utilities" shall include, but not be limited to, water, sewer, stormwater,
electrical, gas,telecommunications,telephone and cable. Notwithstanding anything to the contrary contained
in this Agreement, and in addition to the rights reserved elsewhere herein, the Owner hereby specifically
reserves the right to construct, install, operate, use, maintain, repair and replace: (y) a pedestrian pathway
bridge not less than fifteen(15) feet above the surface of the Easement Area; and(z) improvements related
to such pedestrian pathway bridge within or above the Easement Area.
PAGE 2 •
3. Construction in Easement Area.
A. If the City elects to construct and/or install any Improvements within the
Easement Area, the City hereby acknowledges and agrees that: (a) all fees, costs and expenses associated
with the Improvements (including, without limitation, the design, permitting, construction, installation,
operation,use, maintenance, repair and replacement thereof) shall be paid in full by the City; (b) the design
and construction of all Improvements shall be performed and completed by the City (i) in a good and
workmanlike manner, (ii) free from liens and defects, and (iii) in full compliance with all laws, rules,
regulations, ordinances, codes and other requirements of governmental and quasi-governmental
authorities having jurisdiction; and (c) upon final completion of the Improvements, the City shall (i)
remove all debris, equipment and materials from the Easement Area, (ii) fill, compact, grade and
otherwise restore the Easement Area to substantially the same condition as existed prior to
commencement of the Improvements, including harmonizing the soil levels within the Easement Area and
the lands adjacent thereto, and (iii) keep and maintain the Improvements (and all parts and components
thereof)in good condition,repair and working order at all times.
B. If the Owner elects to construct and/or install any infrastructure or other
improvements within or above the Easement Area (the "Owner Improvements"), the Owner hereby
acknowledges and agrees that: (a) all fees, costs and expenses associated with the Owner Improvements
(including, without limitation, the design,permitting, construction,installation,operation,use,maintenance,
repair and replacement thereof) shall be paid in full by the Owner; (b) the design and construction of all
Owner Improvements shall be performed and completed by the Owner (i) in a good and workmanlike
manner, (ii) free from liens and defects, and (iii) in full compliance with all laws, rules, regulations,
ordinances, codes and other requirements of governmental and quasi-governmental authorities having
jurisdiction; and (c) upon final completion of the Owner Improvements, the Owner shall (i) remove all
debris, equipment and materials from the Easement Area, (ii) fill, compact, grade and otherwise restore
the Easement Area to substantially the same condition as existed prior to commencement of the Owner
Improvements, including harmonizing the soil levels within the Easement Area and the lands adjacent
thereto, and (iii) keep and maintain the Owner Improvements (and all parts and components thereof) in
good condition,repair and working order at all times.
4. Miscellaneous.
4.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them
arising under, out of or in connection with this Agreement. The prevailing party in any action, litigation
or other proceeding that is based on any claim, controversy or other disputed matter arising under, out of
or in connection with this Agreement shall recover from the non-prevailing party all fees, costs and
expenses (including, without limitation, reasonable attorneys' fees and costs through all trial, appellate
and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or
other proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term, provision or portion of this Agreement is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction,then such term,provision or portion
of this Agreement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
PAGE 3
and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written, are merged herein.
4.4 This Agreement may not be amended,modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County,Florida. This Agreement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Agreement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set •
forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by
the parties that this Agreement conveys only an easement interest with respect to the Easement Area for
the specific uses and purposes set forth herein.
4.9 All of the rights,easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Agreement, the Owner hereby expressly reserves the right to use and grant
others the right to use any and all portions of the Property owned by it(including,without limitation, any and
all portions of the Easement Area) so long as such use by the Owner and/or others does not damage any of
the Improvements installed by the City under this Agreement or interfere in any material respects with the
exercise by the City of the rights granted to the City herein.
4.10 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights, easements and interests herein created and granted shall run with
the land,and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served,or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
PAGE 4
If to Owner:
2200 Biscayne Boulevard
Miami, Florida 33137
Attn: David Smith
With a copy to:
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand, request or
communication may thereafter be so given, served or sent.
6. Solely to the extent and limits permitted by Section 768.28 of the Florida Statutes, and
without waiving any rights or defenses therein, the City shall indemnify, defend and hold the Owner
harmless from and against all claims, demands, causes of action, suits, losses, damages, liabilities, liens,
judgments, fees, costs, expenses and other charges (including, without limitation, reasonable attorneys'
fees and costs through all trial, appellate and post judgment levels and proceedings) (collectively, the
"Claims")commenced, incurred and/or paid by or against any of the Owner to the extent the Claims arise
from: (a) the willful misconduct or negligent use of the Easement Area by the City or any successor,
assign and/or grantee thereof expressly approved by the City Commission; (b) the design, construction,
installation, operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct, install, operate, use, maintain, repair and/or replace, any Improvements by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission; and(c) any default,
breach or violation of any term, covenant, condition or provision of this Agreement by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission. Notwithstanding
anything to the contrary contained in this Agreement: (y) nothing in this Agreement shall impair, limit or
prohibit any rights or remedies the Owner has against any person or entity using or occupying the
Easement Area under,through or as an assignee or grantee of the City; and (z) the obligation of the City
to indemnify, defend and hold the Owner harmless as set forth herein shall not apply to the extent any
such Claims arise from the negligence or willful misconduct of the Owner or any successor, assign and/or
grantee thereof.
7. The Owner shall indemnify, defend and hold the City harmless from and against all
Claims commenced, incurred and/or paid by or against the City to the extent the Claims arise from the
design, construction, installation, operation, use, maintenance, repair and/or replacement of, or the failure
to properly design, construct, install,operate,use,maintain,repair and/or replace,any Owner Improvements
by the Owner. Notwithstanding anything to the contrary contained in this Agreement, the obligation of
the Owner to indemnify, defend and hold the City harmless as set forth herein shall not apply to the extent
PAGE 5
any such Claims arise from the negligence or willful misconduct of the City or any successor, assign
and/or grantee thereof.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM&LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
IN WITNESS WHEREOF, the Owner has caused these presents to be signed, sealed executed and
acknowledged on day of ,20 ,in its name by its proper officials.
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
, as of
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
Exhibit A
Legal Description of Property
PAGE 9
Exhibit B
Legal Description of Easement Area
EXHIBIT"P"—FUTURE PEDESTRIAN PATHWAY PARCEL
[The Easement Area will be located in the general area depicted on the Park Concept Plan.
The final legal description will be drawn and attached to this Agreement and the Future
Pedestrian Pathway Parcel Easement Agreement based on the Project Zoning Approvals and
Park Zoning Approval] ti
EXHIBIT"Q"-FUTURE PEDESTRIAN PATHWAY PARCEL EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J.Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4`h Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(Pedestrian Pathway_500 Block)
THIS EASEMENT AGREEMENT(the"Agreement"), is made this day of
, 201_, by , having an address of 2200 Biscayne Boulevard,
Miami, Florida 33137 (the "Owner") in favor of the City of Miami Beach, a Florida municipal
corporation(the"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property more specifically
described on Exhibit"A" attached hereto and incorporated herein by this reference(the"Property");
WHEREAS, the real property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference(the"Easement Area")is contained within the Property; and
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement upon, over and across
the Easement Area in favor of the City for the"Easement Purpose"(as hereinafter defined).
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. Subject to the rights reserved herein, the Owner hereby grants to the
City a perpetual, non-exclusive and irrevocable easement upon, over and across the Easement Area for the
purpose of unrestricted ingress and egress by the general public for pedestrian travel (the "Easement
Purpose"); provided, however, and notwithstanding anything to the contrary contained in this
Agreement, the Owner reserves the right to install gates, barricades and other security measures within
the Easement Area to prohibit the Easement Purpose with respect to that portion of the Easement Area
generally located east of the "Pedestrian Bridge Platform" (as hereinafter defined) and as more
specifically described on Exhibit "C" attached hereto and incorporated herein by this reference during
the hours of 11:00 P.M.through sunrise on every day of the week.
3. Pedestrian Bridge Platform. The Owner and the City hereby acknowledge and agree that:
(a)the City intends (but is not obligated)to design and construct at its sole cost and expense a pedestrian
bridge over and across West Avenue and 5th Street (such pedestrian bridge, together with all related
improvements, are referred to herein collectively as the "Pedestrian Bridge"); (b) the eastern end of the
PAGE 2
Pedestrian Bridge is to connect to that portion of the Easement Area more particularly described on
Exhibit "C" attached hereto and incorporated herein by this reference (the "Pedestrian Bridge
Platform"); and (c) subject to the rights reserved herein,the Owner hereby grants to the City a perpetual,
non-exclusive and irrevocable right to connect and attach the Pedestrian Bridge to the Pedestrian Bridge
Platform, subject to the Owner's prior review and written approval (which approval shall not be
unreasonably withheld, conditioned or delayed) of the Pedestrian Bridge and the methods of its
connection and attachment to the Pedestrian Bridge Platform. If the City elects to construct the
Pedestrian Bridge and connect and attach the same to the Pedestrian Bridge Platform, the City hereby
acknowledges and agrees that: (x) all fees, costs and expenses associated with the Pedestrian Bridge and
its connection and attachment to the Pedestrian Bridge Platform(including,without limitation,the design,
permitting, construction, installation, operation, use, maintenance, repair and replacement thereof) shall be
paid in full by the City; (y) the design and construction of the Pedestrian Bridge and its connection and
attachment to the Pedestrian Bridge Platform shall be performed and completed by the City (i) in a good
and workmanlike manner, (ii) free from liens and defects, and (iii) in full compliance with all laws, rules,
regulations, ordinances, codes and other requirements of governmental and quasi-governmental
authorities having jurisdiction; and (z) upon final completion of the Pedestrian Bridge and its connection
and attachment to the Pedestrian Bridge Platform, the City shall (i) remove all debris, equipment and
materials from the Easement Area, (ii) fill, compact, grade and otherwise restore the Easement Area to
substantially the same condition as existed prior to commencement of such work, including harmonizing
the soil levels within the Easement Area and the lands adjacent thereto, and (iii) keep and maintain
Pedestrian Bridge and its connection and attachment to the Pedestrian Bridge Platform (and all parts and
components thereof) in good condition, repair and working order at all times. Notwithstanding anything
to the contrary contained in this Agreement, except for the Pedestrian Bridge and the parts and
components related to its connection and attachment to the Pedestrian Bridge Platform, the Owner shall
be solely responsible for keeping and maintaining the Pedestrian Bridge Platform in good condition,
repair and working order.
4. Miscellaneous.
4.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them
arising under, out of or in connection with this Agreement. The prevailing party in any action, litigation
or other proceeding that is based on any claim, controversy or other disputed matter arising under, out of
or in connection with this Agreement shall recover from the non-prevailing party all fees, costs and
expenses (including, without limitation, reasonable attorneys' fees and costs through all trial, appellate
and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or
other proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term, provision or portion of this Agreement is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction,then such term,provision or portion
of this Agreement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
PAGE 3
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written, are merged herein.
4.4 This Agreement may not be amended,modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County,Florida. This Agreement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Agreement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by
the parties that this Agreement conveys only an easement interest with respect to the Easement Area for
the specific uses and purposes set forth herein.
4.9 All of the rights,easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Agreement, the Owner hereby expressly reserves the right to use and grant
others the right to use any and all portions of the Property owned by it(including,without limitation, any and
all portions of the Easement Area) so long as such use by the Owner and/or others does not prohibit the
City from engaging in the Easement Purpose granted to it under this Agreement.
4.10 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights, easements and interests herein created and granted shall run with
the land,and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served, or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
If to Owner:
2200 Biscayne Boulevard
Miami,Florida 33137
PAGE 4
Attn: David Smith
With a copy to:
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given,served or sent.
6. Solely to the extent and limits permitted by Section 768.28 of the Florida Statutes, and
without waiving any rights or defenses therein, the City shall indemnify, defend and hold the Owner
harmless from and against all claims, demands, causes of action, suits, losses, damages, liabilities, liens,
judgments, fees, costs, expenses and other charges (including, without limitation, reasonable attorneys'
fees and costs through all trial, appellate and post judgment levels and proceedings) (collectively, the
"Claims")commenced,incurred and/or paid by or against any of the Owner to the extent the Claims arise
from: (a) the willful misconduct or negligent use of the Easement Area by the City or any successor,
assign and/or grantee thereof expressly approved by the City Commission; (b) the design, construction,
installation, operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct, install, operate, use, maintain, repair and/or replace, the Pedestrian Bridge by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission; and(c) any default,
breach or violation of any term, covenant, condition or provision of this Agreement by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission. Notwithstanding
anything to the contrary contained in this Agreement: (y) nothing in this Agreement shall impair, limit or
prohibit any rights or remedies the Owner has against any person or entity using or occupying the
Easement Area under, through or as an assignee or grantee of the City; and (z) the obligation of the City
to indemnify, defend and hold the Owner harmless as set forth herein shall not apply to the extent any
such Claims arise from the negligence or willful misconduct of the Owner or any successor, assign and/or
grantee thereof
7. The Owner shall indemnify, defend and hold the City harmless from and against all
Claims commenced, incurred and/or paid by or against the City to the extent the Claims arise from the
design, construction, installation, operation, use, maintenance, repair and/or replacement of, or the failure
to properly design, construct, install, operate, use, maintain, repair and/or replace, the Pedestrian Bridge
Platform by the Owner. Notwithstanding anything to the contrary contained in this Agreement, the
obligation of the Owner to indemnify, defend and hold the City harmless as set forth herein shall not
apply to the extent any such Claims arise from the negligence or willful misconduct of the City or any
successor, assign and/or grantee thereof.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM&LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
IN WITNESS WHEREOF, the Owner has caused these presents to be signed, sealed executed and
acknowledged on day of ,20 ,in its name by its proper officials.
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
, as of
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
Exhibit A
Legal Description of Property
PAGE 8
Exhibit B
Legal Description of Easement Area
EXHIBIT"R"-FIFTH STREET EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J. Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(5th Street Easement)
THIS EASEMENT AGREEMENT(the"Agreement"), is made this day of
, 201_, by , having an address of 2200 Biscayne Boulevard,
Miami, Florida 33137 (the "Owner") in favor of the City of Miami Beach, a Florida municipal
corporation(the"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property more specifically
described on Exhibit"A" attached hereto and incorporated herein by this reference(the"Property");
WHEREAS, the real property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference(the"Easement Area")is contained within the Property; and
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement in, upon, under and
through the Easement Area in favor of the City for the"Easement Purposes"(as hereinafter defined).
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. Subject to the rights reserved herein, the Owner hereby grants to the
City a perpetual, non-exclusive and irrevocable easement in, upon, under and through the Easement Area
for the purposes of (a) constructing, installing, operating, using, maintaining, repairing and replacing
landscaping, sidewalks, street lighting, traffic or directional signage, underground utilities, drainage,
roadways and related infrastructure with respect to each of the foregoing (the "Improvements") within the
Easement Area,(b)granting to any parties providing utilities services the right to use and occupy the Easement
Area for and in connection with the providing of any such utilities, and(c)unrestricted ingress and egress by
the general public for pedestrian and vehicular travel over and across the Easement Area (collectively, the
"Easement Purposes"). The term "utilities" shall mean water, sewer, stormwater, electrical, gas,
telecommunications,telephone and cable.
3. Construction in Easement Area.
PAGE 2
A. If the City elects to construct and/or install any Improvements within the
Easement Area, the City hereby acknowledges and agrees that: (a) all fees, costs and expenses associated
with the Improvements (including, without limitation, the design, permitting, construction, installation,
operation,use,maintenance, repair and replacement thereof) shall be paid in full by the City; (b) the design
and construction of all Improvements shall be performed and completed by the City (i) in a good and
workmanlike manner, (ii) free from liens and defects, and (iii) in full compliance with all laws, rules,
regulations, ordinances, codes and other requirements of governmental and quasi-governmental
authorities having jurisdiction; and (c) upon final completion of the Improvements, the City shall (i)
remove all debris, equipment and materials from the Easement Area, (ii) fill, compact, grade and
otherwise restore the Easement Area to substantially the same condition as existed prior to
commencement of the Improvements, including harmonizing the soil levels within the Easement Area and
the lands adjacent thereto, and (iii) keep and maintain the Improvements (and all parts and components
thereof)in good condition,repair and working order at all times.
B. If the Owner elects to construct and/or install any infrastructure or related
improvements within the Easement Area(the"Owner Improvements"),the Owner hereby acknowledges
and agrees that: (a) all fees, costs and expenses associated with the Owner Improvements (including,
without limitation, the design, permitting, construction, installation, operation, use, maintenance, repair and
replacement thereof) shall be paid in full by the Owner; (b) the design and construction of all Owner
Improvements shall be performed and completed by the Owner (i) in a good and workmanlike manner,
(ii) free from liens and defects, and (iii) in full compliance with all laws, rules, regulations, ordinances,
codes and other requirements of governmental and quasi-governmental authorities having jurisdiction;
and (c) upon final completion of the Owner Improvements, the Owner shall (i) remove all debris,
equipment and materials from the Easement Area, (ii) fill, compact, grade and otherwise restore the
Easement Area to substantially the same condition as existed prior to commencement of the Owner
Improvements, including harmonizing the soil levels within the Easement Area and the lands adjacent
thereto, and (iii) keep and maintain the Owner Improvements (and all parts and components thereof) in
good condition,repair and working order at all times.
4. Miscellaneous.
4.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them
arising under, out of or in connection with this Agreement. The prevailing party in any action, litigation
or other proceeding that is based on any claim, controversy or other disputed matter arising under, out of
or in connection with this Agreement shall recover from the non-prevailing party all fees, costs and
expenses (including, without limitation, reasonable attorneys' fees and costs through all trial, appellate
and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or
other proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term, provision or portion of this Agreement is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, then such term,provision or portion
of this Agreement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
PAGE 3
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written, are merged herein.
4.4 This Agreement may not be amended,modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County, Florida. This Agreement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Agreement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by
the parties that this Agreement conveys only an easement interest with respect to the Easement Area for
the specific uses and purposes set forth herein.
4.9 All of the rights,easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Agreement, the Owner hereby expressly reserves the right to use and grant
others the right to use any and all portions of the Property owned by it(including,without limitation, any and
all portions of the Easement Area)so long as such use by the Owner and/or others does not damage any of
the Improvements installed by the City under this Agreement or interfere in any material respects with the
exercise by the City of the rights granted to the City herein.
.4.10 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights, easements and interests herein created and granted shall run with
the land,and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served, or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
If to Owner:
PAGE 4
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: David Smith
With a copy to:
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given, served or sent.
6. Solely to the extent and limits permitted by Section 768.28 of the Florida Statutes, and
without waiving any rights or defenses therein, the City shall indemnify, defend and hold the Owner
harmless from and against all claims, demands, causes of action, suits, losses, damages, liabilities, liens,
judgments, fees, costs, expenses and other charges (including, without limitation, reasonable attorneys'
fees and costs through all trial, appellate and post judgment levels and proceedings) (collectively, the
"Claims") commenced, incurred and/or paid by or against any of the Owner to the extent the Claims arise
from: (a) the willful misconduct or negligent use of the Easement Area by the City or any successor,
assign and/or grantee thereof expressly approved by the City Commission; (b) the design, construction,
installation, operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct, install, operate, use, maintain, repair and/or replace, any Improvements by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission; and(c) any default,
breach or violation of any term, covenant, condition or provision of this Agreement by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission. Notwithstanding
anything to the contrary contained in this Agreement: (y)nothing in this Agreement shall impair, limit or
prohibit any rights or remedies the Owner has against any person or entity using or occupying the
Easement Area under, through or as an assignee or grantee of the City; and (z) the obligation of the City
to indemnify, defend and hold the Owner harmless as set forth herein shall not apply to the extent any
such Claims arise from the negligence or willful misconduct of the Owner or any successor, assign and/or
grantee thereof.
7. The Owner shall indemnify, defend and hold the City harmless from and against all
Claims commenced, incurred and/or paid by or against the City to the extent the Claims arise from the
design, construction, installation, operation, use, maintenance, repair and/or replacement of, or the failure
to properly design, construct, install,operate,use,maintain,repair and/or replace,any Owner Improvements
by the Owner. Notwithstanding anything to the contrary contained in this Agreement, the obligation of
the Owner to indemnify, defend and hold the City harmless as set forth herein shall not apply to the extent
any such Claims arise from the negligence or willful misconduct of the City or any successor, assign
and/or grantee thereof.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM&LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
IN WITNESS WHEREOF, the Own r has caused these presents to be signed, sealed executed and
acknowledged on day of , 0_,in its name by its proper officials.
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
, as of
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
Exhibit A
Legal Description of Property
PAGE 8
Exhibit B
Legal Description of Easement Area
EXHIBIT"S"—WEST AVENUE SIDEWALK EASEMENT
[The Easement Area will be located in the general area depicted on the Park Concept Plan.
The final legal description will be drawn and attached to this Agreement and the West
Avenue Sidewalk Easement Agreement based on the Project Zoning Approvals and Park
Zoning Approval]
67
EXHIBIT"T"-WEST AVENUE SIDEWALK EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J.Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(West Avenue Sidewalk Easement)
THIS EASEMENT AGREEMENT(the"Agreement"), is made this day of
, 201_, by , having an address of 2200 Biscayne Boulevard,
Miami, Florida 33137 (the "Owner") in favor of the City of Miami Beach, a Florida municipal
corporation(the"City").
WITNESSETH:
WHEREAS, the.Owner holds fee simple title to that certain real property more specifically
described on Exhibit"A" attached hereto and incorporated herein by this reference (the"Property");
WHEREAS, the Owner and the City of Miami Beach(the "City") have entered into that certain
Development Agreement, dated as of ,201_(the"Development Agreement"); and
WHEREAS, the real property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference(the"Easement Area")is contained within the Property; and
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement upon, over and across
the Easement Area in favor of the City for the"Easement Purpose"(as hereinafter defined).
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. Subject to the rights reserved herein, the Owner hereby grants to the
City a perpetual, non-exclusive and irrevocable easement in, upon, under and through the Easement Area
for the purposes of(a) constructing, installing, operating,using,maintaining,repairing and replacing a public
sidewalk for pedestrian and bicycle travel (the "Improvements") within the Easement Area, and (b)
unrestricted ingress and egress by the general public for pedestrian and bicycle travel over and across the
Easement Area(collectively,the"Easement Purposes").
3. Construction in Easement Area.
A. If the City elects to construct and/or install any Improvements within the
Easement Area following the Owner's completion of construction on the Property in accordance with the
PAGE 2
terms of the Development Agreement,the City hereby acknowledges and agrees that: (a) all fees, costs and
expenses associated with the Improvements (including, without limitation, the design, permitting,
construction,installation, operation,use,maintenance,repair and replacement thereof) shall be paid in full by
the City; (b) the design and construction of all Improvements shall be performed and completed by the
City (i) in a good and workmanlike manner, (ii) free from liens and defects, and (iii) in full compliance
with all laws, rules, regulations, ordinances, codes and other requirements of governmental and quasi-
governmental authorities having jurisdiction; and(c)upon final completion of the Improvements,the City
shall (i) remove all debris, equipment and materials from the Easement Area, (ii) fill, compact, grade and
otherwise restore the Easement Area to substantially the same condition as existed prior to
commencement of the Improvements, including harmonizing the soil levels within the Easement Area and
the lands adjacent thereto, and (iii) keep and maintain the Improvements (and all parts and components
thereof)in good condition,repair and working order at all times.
B. If the Owner constructs and/or installs any infrastructure or other improvements
within or above the Easement Area (the "Owner Improvements"), the Owner hereby acknowledges and
agrees that: (a) all fees, costs and expenses associated with the Owner Improvements (including, without
limitation, the design, permitting, construction, installation, operation, use, maintenance, repair and
replacement thereof) shall be paid in full by the Owner; (b) the design and construction of all Owner
Improvements shall be performed and completed by the Owner (i) in a good and workmanlike manner,
(ii) free from liens and defects, and (iii) in full compliance with all laws, rules, regulations, ordinances,
codes and other requirements of governmental and quasi-governmental authorities having jurisdiction;
and (c) upon final completion of the Owner Improvements, the Owner shall (i) remove all debris,
equipment and materials from the Easement Area, (ii) fill, compact, grade and otherwise restore the
Easement Area to substantially the same condition as existed prior to commencement of the Owner
Improvements, including harmonizing the soil levels within the Easement Area and the lands adjacent
thereto, and (iii) keep and maintain the Owner Improvements (and all parts and components thereof) in
good condition,repair and working order at all times.
4. Miscellaneous.
4.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them
arising under, out of or in connection with this Agreement. The prevailing party in any action, litigation
or other proceeding that is based on any claim, controversy or other disputed matter arising under, out of
or in connection with this Agreement shall recover from the non-prevailing party all fees, costs and
expenses (including, without limitation, reasonable attorneys' fees and costs through all trial, appellate
and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or
other proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term, provision or portion of this Agreement is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, then such term,provision or portion
of this Agreement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
PAGE 3
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written, are merged herein.
4.4 This Agreement may not be amended, modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County, Florida. This Agreement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Agreement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by
the parties that this Agreement conveys only an easement interest with respect to the Easement Area for
the specific uses and purposes set forth herein.
4.9 All of the rights, easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Agreement, the Owner hereby expressly reserves the right to use and grant
others the right to use any and all portions of the Property owned by it(including,without limitation, any and
all portions of the Easement Area) so long as such use by the Owner and/or others does not prohibit the
City from engaging in the Easement Purpose granted to it under this Agreement.
4.10 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights, easements and interests herein created and granted shall run with
the land,and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served, or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
If to Owner:
2200 Biscayne Boulevard
Miami, Florida 33137
PAGE 4
Attn: David Smith
With a copy to: _
2200 Biscayne Boulevard
Miami, Florida 33137
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given, served or sent.
6. Solely to the extent and limits permitted by Section 768.28 of the Florida Statutes, and
without waiving any rights or defenses therein, the City shall indemnify, defend and hold the Owner
harmless from and against all claims, demands, causes of action, suits, losses, damages, liabilities, liens,
judgments, fees, costs, expenses and other charges (including, without limitation, reasonable attorneys'
fees and costs through all trial, appellate and post judgment levels and proceedings) (collectively, the
"Claims") commenced, incurred and/or paid by or against any of the Owner to the extent the Claims arise
from: (a) the willful misconduct or negligent use of the Easement Area by the City or any successor,
assign and/or grantee thereof expressly approved by the City Commission; (b) the design, construction,
installation, operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct, install, operate, use, maintain, repair and/or replace, any Improvements by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission; and(c) any default,
breach or violation of any term, covenant, condition or provision of this Agreement by the City or any
successor, assign and/or grantee thereof expressly approved by the City Commission. Notwithstanding
anything to the contrary contained in this Agreement: (y) nothing in this Agreement shall impair, limit or
prohibit any rights or remedies the Owner has against any person or entity using or occupying the
Easement Area under, through or as an assignee or grantee of the City; and (z) the obligation of the City
to indemnify, defend and hold the Owner harmless as set forth herein shall not apply to the extent any
such Claims arise from the negligence or willful misconduct,of the Owner or any successor, assign and/or
grantee thereof
7. The Owner shall indemnify, defend and hold the City harmless from and against all
Claims commenced, incurred and/or paid by or against the City to the extent the Claims arise from the
design, construction, installation, operation, use, maintenance, repair and/or replacement of, or the failure
to properly design, construct, install,operate,use,maintain,repair and/or replace,any Owner Improvements
by the Owner. Notwithstanding anything to the contrary contained in this Agreement, the obligation of
the Owner to indemnify, defend and hold the City harmless as set forth herein shall not apply to the extent
any such Claims arise from the negligence or willful misconduct of the City or any successor, assign
and/or grantee thereof.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM&LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
IN WITNESS WHEREOF, the Owner has caused these presents to be signed, sealed executed and
acknowledged on day of ,20 ,in its name by its proper officials.
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
, as of
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
Exhibit A
Legal Description of Property
1
PAGE 8
Exhibit B
Legal Description of Easement Area
EXHIBIT"U"-
TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND
TRANSPORTATION IMPROVEMENTS
This instrument was prepared by:
Name: Raul J. Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4`h Floor
Miami Beach,Florida 33139
TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND
TRANSPORTATION IMPROVEMENTS
THIS TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM
WATER AND TRANSPORTATION IMPROVEMENTS (the"Termination")is made and entered into as
of the day of , 201_, by and between 500 ALTON ROAD
VENTURES,LLC, a Delaware limited liability company,having an address of 2200 Biscayne Boulevard,
Miami, Florida 33137 ("500 Alton"), and the CITY OF MIAMI BEACH, a municipal corporation duly
organized and existing under the laws of the State of Florida, having an address at 1700 Convention
Center Drive,Miami Beach,Florida 33139(the"City").
RECITALS
A. 500 Alton and the City are parties to that certain Grant of Easement and Agreement for
Storm Water and Transportation Improvements dated October 29, 2013 and recorded August 22,2014 in
Official Records Book 29281, Page 1097 of the Public Records of Miami-Dade County, Florida (the
"Easement Agreement").
B. 500 Alton and the City were negotiating an amendment and restatement of the Easement
Agreement entitled "Amended And Restated Grant Of Easement And Agreement For Storm Water And
Transportation Improvements" to be executed by and among 500 Alton, 1220 SIXTH, LLC, a Delaware
limited liability, SOUTH BEACH HEIGHTS I, LLC, a Delaware limited liability company, KGM
EQUITIES, LLC, a Delaware limited liability company, and ALTON ROAD DEVELOPMENT, LLC, a
Delaware limited liability company, which amendment and restatement of the Easement Agreement was
never finalized or executed(the"Proposed Easement").
C. 500 Alton and the City seek to terminate and extinguish the Easement Agreement, and to
terminate and extinguish the negotiations of the Proposed Easement, in their entirety by the recordation
of this Termination.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Termination as if fully set forth herein.
2. Termination and Discharge of Easement Agreement.
A. 500 Alton and the City hereby terminate and extinguish the Easement Agreement
in its entirety and discharge the same from Public Record, and from and after the date on which this
Termination is recorded in the Public Records of Miami-Dade County, Florida: (a) all of the rights,
• easements,licenses and interests created and granted in and by the Easement Agreement shall be terminated,
extinguished,released,vacated,discharged and of no further force or effect; (b) the parties to the Easement
Agreement shall be fully released and discharged from the Easement Agreement and all rights,
obligations and liabilities thereunder as though the same had never existed; and (c) the property
encumbered by the Easement Agreement shall be fully released and discharged from the Easement
Agreement and all easements, licenses and interests created and granted therein and thereby as though the
same had never existed.
B. 500 Alton and the City hereby acknowledge and agree that (a) the Proposed
Easement was never finalized or executed, and (b) all prior representations, discussions, negotiations,
understandings and agreements with respect to the Proposed Agreement are hereby terminated and
extinguished, and from and after the date on which this Termination is recorded in the Public Records of
Miami-Dade County, Florida, all such representations, discussions, negotiations, understandings and
agreements shall be of no further force or effect.
3. Miscellaneous.
3.1 This Termination shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Termination shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them.
The prevailing party in any action, litigation or other proceeding that is based on any claim, controversy
or other disputed matter arising under, out of or in connection with this Termination shall recover from
the non-prevailing party all fees, costs and expenses (including, without limitation, reasonable attorneys'
fees and costs through all trial, appellate and post judgment levels and proceedings) incurred by the
prevailing party in such action, litigation or other proceeding. No party to this Termination shall be
entitled to any pre judgment interest.
3.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Termination. If any term, provision or portion of this Termination is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction,then such term,provision or portion
of this Termination shall be given it nearest valid,legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Termination, which remaining terms, provisions and portions of this Termination
will remain in full force and effect.
3.3 This Termination, together with all such exhibits, contains the entire agreement
and understanding between the parties relating to the subject matter of this Termination, and all prior or
contemporaneous terms, covenants, conditions, representations, warranties, statements, agreements and
understandings made by or on behalf of the parties,whether oral or written, are merged herein.
3.4 This Termination may not be amended, modified, or terminated except by a
written instrument executed by the party or parties against whom enforcement is sought and which is
recorded in the Public Records of Miami-Dade County, Florida. This Termination shall inure to the
2
benefit of and shall be binding upon the parties and their respective successors and assigns.
3.5 Wherever appropriate in this Termination, the singular shall be deemed to refer
to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Termination are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
3.6 This Termination may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Termination.
[signatures follow on next page]
3
IN WITNESS WHEREOF,the parties hereto have duly executed this Termination as of the date and
year first set forth above.
WITNESSES: 500 ALTON:
500 ALTON ROAD VENTURES, LLC, a
Delaware limited liability company
By:
Print Name Name:
Title:
Print Name
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_, by
, as of 500 ALTON ROAD
VENTURES, LLC, a Delaware limited liability company, a Delaware limited liability company, on'behalf
of such limited liability company,who is personally known to me or has produced a
driver's license as identification.
Print or Stamp Name:
Notary Public,State of Florida at Large
Commission No.:
My Commission Expires:
[signatures and notary acknowledgments continue on next page]
IN WITNESS WHEREOF,the parties hereto have duly executed this Termination as of the date and
year first set forth above.
WITNESSES: THE CITY
CITY OF MIAMI BEACH, a Florida municipal
corporation
Attest:
By:
City Clerk Name:
Title:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_, by
, as of the City of Miami Beach, a Florida
municipal corporation on behalf of such municipal corporation, who is personally known to me or has
produced a driver's license as identification.
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney Date
EXHIBIT"V"—FLORIDIAN PARKING EASEMENT
To be provided at a later date once the legal description is finalized.
EXHIBIT"W"-FLORIDIAN PARKING EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J. Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(Floridian Parking Lot Access Easement)
THIS EASEMENT AGREEMENT(the"Agreement"), is made this day of
, 201_, by and between , having an address of 2200 Biscayne
Boulevard, Miami, Florida 33137 (the "Owner"), and the City of Miami Beach, a Florida municipal
corporation(the"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property more specifically
described on Exhibit"A" attached hereto and incorporated herein by this reference (the"Property");
WHEREAS, the real property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference (the "Parking Lot Easement Area") is contained within the
Property;
WHEREAS, the City holds fee simple title to that certain real property more specifically
described on Exhibit "C" attached hereto and incorporated herein by this reference (the "Access
Easement Area");
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement upon, over and across
the Parking Lot Easement Area in favor of the City for the "City Easement Purpose" (as hereinafter
defined), and the City seeks to grant a perpetual non-exclusive easement upon, over and across the Access
Easement Area in favor of the Owner for the"Owner Easement Purpose"(as hereinafter defined), .
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement.
(a) Subject to the rights reserved herein, the Owner hereby grants to the City a
perpetual, non-exclusive and irrevocable easement upon, over and across the Parking Lot Easement Area
for the purpose of accessing the real property more specifically described on Exhibit "D" attached hereto
and incorporated herein by this reference (the "Park Property") to install, maintain, repair and replace
grass,plantings and other landscaping within the Park Property(the"City Easement Purpose").
PAGE 2
(b) Subject to the rights reserved herein, the City hereby grants to the Owner a
perpetual,non-exclusive and irrevocable easement upon, over and across the Access Easement Area for the
purposes of pedestrian and vehicular ingress and egress to and from the Parking Lot Easement Area and
West Avenue, together with the right to design, permit, construct, install, operate, use, maintain, repair and
replace a driveway and related improvements (the "Improvements") within the Access Easement Area (the
"Owner Easement Purpose").
3. Construction in Easement Area. If the Owner elects to construct and/or install any
Improvements within the Access Easement Area, the Owner hereby acknowledges and agrees that: (a) all
fees, costs and expenses associated with the Improvements (including, without limitation, the design,
permitting, construction, installation, operation, use, maintenance, repair and replacement thereof) shall be
paid in full by the Owner; (b) the design and construction of all Improvements shall be performed and
completed by the Owner(i) in a good and workmanlike manner, (ii) free from liens and defects, and (iii)
in full compliance with all laws, rules, regulations, ordinances, codes and other requirements of
governmental and quasi-governmental authorities having jurisdiction; and (c) upon final completion of
the Improvements, the Owner shall (i) remove all debris, equipment and materials from the Access
Easement Area, (ii) fill, compact, grade and otherwise restore the Access Easement Area to substantially
the same condition as existed prior to commencement of the Improvements, including harmonizing the
soil levels within the Access Easement Area and the lands adjacent thereto, and(iii) keep and maintain the
Improvements (and all parts and components thereof) in good condition, repair and working order at all
times.
4. Miscellaneous.
4.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them
arising under, out of or in connection with this Agreement. The prevailing party in any action, litigation
or other proceeding that is based on any claim, controversy or other disputed matter arising under, out of
or in connection with this Agreement shall recover from the non-prevailing party all fees, costs and
expenses (including, without limitation, reasonable attorneys' fees and costs through all trial, appellate
and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or
other proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term, provision or portion of this Agreement is for any reason held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, then such term,provision or portion
of this Agreement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written,are merged herein.
PAGE 3
4.4 This Agreement may not be amended,modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County, Florida. This Agreement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Agreement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by
the parties that this Agreement conveys only an easement interest with respect to the Easement Area for
the specific uses and purposes set forth herein.
4.9 All of the rights, easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Agreement, each party hereby expressly reserves the right to use and grant
others the right to use any and all portions of the property owned by it so long as such use by such party
and/or others does not prohibit the other party from engaging in the easement purpose granted to it under
this Agreement.
4.10 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights, easements and interests herein created and granted shall run with
the land,and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served, or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
If to Developer at:
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: David Smith
With a copy to:
2200 Biscayne Boulevard
Miami,Florida 33137
PAGE 4
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given, served or sent.
6. The Owner shall indemnify, defend and hold the City harmless from and against all
claims, demands, causes of action, suits, losses, damages, liabilities, liens, judgments, fees, costs,
expenses and other charges(including,without limitation, reasonable attorneys' fees and costs through all
trial, appellate and post judgment levels and proceedings) (collectively, the "Claims") commenced,
incurred and/or paid by or against any of the City to the extent the Claims arise from the design,
construction, installation, operation, use, maintenance, repair and/or replacement of, or the failure to
properly design, construct, install, operate, use, maintain, repair and/or replace, any Improvements by the
Owner. Notwithstanding anything to the contrary contained in this Agreement, the obligation of the
Owner to indemnify, defend and hold the City harmless as set forth herein shall not apply to the extent
any such Claims arise from the negligence or willful misconduct of the City or any successor, assign
and/or grantee thereof.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM&LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
IN WITNESS WHEREOF, the Owner has caused these presents to be signed, sealed executed and
acknowledged on day of ,20_,in its name by its proper officials.
Print Name: By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 201_ by
, as of
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
• NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No.,if any
Exhibit A
Legal Description of Property
PAGE 8
Exhibit B
Legal Description of Easement Area
EXHIBIT"X"-TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
This instrument was prepared by:
Name: Raul J.Aguila, City Attorney.
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT (this "Easement") is made this _ day of
,20_,by the CITY OF MIAMI BEACH, a Florida municipal corporation,having its principal
place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), to and in
favor of 500 ALTON ROAD VENTURES, LLC, a Delaware limited liability company, 1220 SIXTH,
LLC, a Delaware limited liability company, SOUTH BEACH HEIGHTS I, LLC, a Delaware limited
liability company, and KGM EQUITIES, LLC, a Delaware limited liability company, each having its
respective principal place of business at 2200 Biscayne Boulevard,Miami, Florida 33137(collectively,the
"Developers").
WITNESSETH:
WHEREAS, the City owns that certain property situated, lying and being in Miami-Dade
County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof
(the"Park Parcel");
WHEREAS, 500 ALTON ROAD VENTURES, LLC, a Delaware limited liability company,
owns that certain property situated, lying and being in Miami-Dade County, Florida, as more
particularly described in Exhibit "B" attached hereto and made a part hereof (the "Residential
Development Parcel"), and
WHEREAS, SOUTH BEACH HEIGHTS I, LLC, a Delaware limited liability company, owns
that certain property situated, lying and being in Miami-Dade County, Florida, as more particularly
described in Exhibit "C" attached hereto and made a part hereof (the "Commercial Development
Parcel");
WHEREAS, the City and the Developers entered into that certain Development Agreement dated
as of ,20_, a memorandum of which is recorded in Official Records Book ,
at Page of the Public Records of Miami-Dade County(the "Development Agreement"'), which
constitutes a development agreement pursuant to the Florida Local Government Development Act,
Section 163.3220, et. seq., Florida Statutes (the "Act"), pursuant to which the Developers will construct
the "Project" (as defined in the Development Agreement) on the "Development Site" (as defined in the
Development Agreement) and the "Park Project" (as defined in the Development Agreement) on the Park
Parcel;
WHEREAS, the City has agreed to grant to the Developers a non-exclusive, irrevocable,
temporary easement over the Park Parcel for access and construction staging purposes during Developers'
construction of the Project and the Park Project;
WHEREAS, the granting of this Easement is a condition of the effectiveness of the Development
Agreement and the issuance of development permits and approvals in order for to develop the Project and
the Park Project;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein
2. Grant of Easement.
(a) The City hereby grants to the Developers and their respective employees, agents,
representatives, contractors, subcontractors, laborers, suppliers and lenders, and each of their respective
successors and assigns (collectively, the "Developer Construction Permittees"), a non-exclusive,
irrevocable, temporary easement on, over, under, upon and across the Park Parcel to perform all acts
necessary or desirable to ensure fulfillment and satisfaction of all duties, obligations and requirements
with respect to the construction of the Project and the Park Project pursuant to and in accordance with the
Development Agreement. The easement granted herein includes,without limitation,the following: (i)the
right to staging construction vehicles, equipment and materials on Park Parcel; (ii) the right to erect
fencing around and within the Park Parcel; (iii)the right to use the Park Parcel for site logistics, including
but not limited to, the Developer's and the Developer Construction Permittees' ingress and egress to and
from the Development Site over and across the Park Parcel; (iv) the right to install and operate
construction trailers, and improvements related thereto, on the Park Parcel; and (v) the right to perform
any and all other activities reasonably related to the construction of the Project and the Park Project and
all improvements relating thereto pursuant to and in accordance with the Development Agreement.
(b) This Easement and the rights granted herein will terminate upon the earlier of
(such earlier date is referred to herein as the "Termination Date"): (i) the date on which a final
certificate of occupancy for the entire Park Project (as opposed to any individual phase thereof) is
issued; or (ii) the date that is eight (8) years after the "Effective Date" (as defined in the Development
Agreement) of the Development Agreement. Although such termination is intended to be automatic and
require no further action on the part of any party hereto,upon the request of a party after the occurrence
of a termination event, the other party will, no later than thirty (30) days after such request, execute a
termination of this Easement in form and substance reasonably acceptable to the City and the Developer.
3. Restoration. The Developers shall remove all vehicles, equipment and materials from the
Park Parcel prior to the Termination Date and, if the entire Park Project has not been completed prior to
the Termination Date, then the Developer shall at the Developer's cost and expense sod such un-
completed portion of the Park Site promptly after the Termination Date, whereupon the City shall at the
City's cost and be required to keep and maintain such sod.
4. Encumbrances. This Easement and the rights granted herein are subject to all liens,
encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements
and rights of way pertaining to the Park Parcel that are of record as of the date of this Easement
(collectively, the "Encumbrances"). The use of the word "grant" in this Easement shall not imply any
warranty on the part of the City with respect to the status of title to the Park Parcel.
5. Insurance. The Developers shall maintain the following insurance at all times while this
Easement remains in effect: (a) commercial general liability coverage with minimum limits of Two
Million and No/100 ($2,000,000)Dollars per occurrence, combined single limit for bodily injury liability
and property damage liability; (b) business automobile liability coverage with minimum limits of One
Million and No/100 ($1,000,000) Dollars per occurrence, combined single limit for bodily injury liability
and property damage liability; and (c) workers compensation insurance for all employees in compliance
with the "Workers Compensation Law" of the State of Florida and all applicable federal laws. Such
insurance policies (except for shall workers compensation insurance): (x) name the City as an additional
insured thereunder (except for workers compensation insurance); (y) be written by insurance companies
licensed to do business in Florida; and (z) not be subject to cancellation or non-renewal without a
minimum of thirty (30) days notification by the insurer to the City with a copy to the attention of Risk
Manager, 1700 Convention Center Drive,Miami Beach,Florida 33139. The Developers shall provide the
City with one or more certificates of insurance evidencing all such insurance coverages set forth above.
6. Representations of the City. The City hereby represents, warrants and covenants to and
with the Developers that the City is the fee simple owner of the Park Parcel and has the right, title,
capacity and authority to grant the easements granted herein, subject only to the Encumbrances.
7. Indemnification. The Developer shall indemnify, defend and hold harmless the City from
and against any actual damages, losses, liabilities, fees, costs and expenses incurred by the City in any
action, suit or proceeding brought against the City by any third-party as a result of any negligent act or
omission of the Developer in exercising its rights under this Easement which first occurred prior to the
Termination Date of this Easement. The Developer shall directly pay all actual costs and expenses related
to any expense or cost charged, or legal defense required by the City, using legal counsel that is selected
by the Developer and which is reasonably acceptable to the City, pursuant to the foregoing. The City
shall reasonably cooperate and collaborate (but at no expense to the City) with the Developer in
connection with any legal proceeding in which the Developer is defending the City.
8. Miscellaneous.
8.1 This Easement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this Easement
shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and voluntarily
waive the right to a trial by jury of any claim, controversy or disputed matter between them arising under,
out of or in connection with this Easement. The prevailing party in any action, litigation or other
proceeding that is based on any claim, controversy or other disputed matter arising under, out of or in
connection with this Easement shall recover from the non-prevailing party all fees, costs and expenses
(including, without limitation, reasonable attorneys' fees and costs through all trial, appellate and post-
judgment levels and proceedings) incurred by the prevailing party in such action, litigation or other
proceeding.
8.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Easement. If any term, provision or portion of this Easement is for any reason held to be invalid,
illegal or unenforceable by a court of competent jurisdiction, then such term, provision or portion of this
Easement shall be given it nearest valid, legal and enforceable meaning, or construed as deleted,
whichever such court may determine, and the same shall not invalidate the remaining terms, provisions
and/or portions of this Easement, which remaining terms,provisions and portions of this Agreement will
remain in full force and effect.
8.3 This Easement includes all exhibits attached hereto. This Easement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Easement, and all prior or contemporaneous terms, covenants, conditions,
•
representations, warranties, statements, agreements and understandings made by or on behalf of the
parties,whether oral or written,are merged herein.
8.4 This Easement may not be amended, modified or terminated except by a written
instrument executed by the Owner and the City through its Public Works Director, or his designee, or
the successor administrative officer with jurisdiction over the matter, and which is recorded in the
Public Records of Miami-Dade County, Florida. This Easement shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
8.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be construed
as a waiver or relinquishment of the future enforcement of such term, covenant, condition or other
provision of this Easement.
8.6 Wherever appropriate in this Easement,the singular shall be deemed to refer to
the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend
either or both of the other genders. The section and paragraph headings in this Easement are for
convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set
forth therein.
8.7 This Easement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Easement.
8.8 This Easement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Park Parcel; it being intended by the parties that this
Easement conveys only an easement interest with respect to the Park Parcel for the specific uses and
purposes set forth herein.
8.9 All of the rights,easements and interests herein created and granted are and shall be
limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything
to the contrary contained in this Easement,the City shall not be permitted to use or grant others the right to
use all or any portions of the Park Parcel so long as this Easement remains in effect without the prior
written consent of the Developers.
8.10 This Easement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Easement in the Public Records of Miami-Dade
County. This Easement and the rights,easements and interests herein created and granted shall run with the
land,and shall be binding on all persons holding title to said lands.
9. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served, or sent by either the Developers or the City pursuant to this Easement shall
be in writing and addressed as follows:
If to Developers at: KGM Equities, LLC
2200 Biscayne Boulevard
Miami,Florida 33137
Attn: David Smith
With a copy to: KGM Equities,LLC
2200 Biscayne Boulevard
Miami, Florida 33137
Attn: Michael Sheitelman
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Each party may designate by notice in writing a new address to which any notice, demand, request or
communication may thereafter be so given, served or sent.
(Signature pages to follow)
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed by
execution of this instrument as of this day of ,201_.
Witnesses: CITY OF MIAMI BEACH,FLORIDA,
a municipal corporation
Sign Name: By:
Mayor
Print Name:
Sign Name:
Print Name:
ATTEST:
City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
20_ by , as of . He is
personally known to me or has produced as identification and who did
(did not)take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No.,if any:
ACKNOWLEDGED AND ACCEPTED this day of ,20_by •
Witnesses: DEVELOPER:
Sign Name:
Print Name: By:
Print name:
Sign Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
20_ by , as of . He is
personally known to me or has produced as identification and who did
(did not)take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
Exhibit"A"
PARK PARCEL
Exhibit"B"
Legal Description for the Developer Property
[see attached]
Exhibit"C"
Access Easement for Floridian Parking Lot
EXHIBIT"Y"-THE REPLACEMENT ORDINANCE
CD-2 HEIGHT AND EXISTING NONCONFORMING BUILDINGS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
"LAND DEVELOPMENT REGULATIONS," CHAPTER 142,
ENTITLED, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ENTITLED, "DISTRICT REGULATIONS", DIVISION 5,
ENTITLED, "CD-2, COMMERCIAL, MEDIUM-INTENSITY
DISTRICT," AT SECTION 142-306, ENTITLED, "DEVELOPMENT
REGULATIONS," BY AMENDING THE MAXIMUM PERMITTED
HEIGHT FOR SITES WITH PREVIOUSLY EXISTING
NONCONFORMING BUILDINGS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach recognizes the unique issues created by the difficultly
of renovating nonconforming commercial buildings outside of the City's historic district; and
WHEREAS, while nonconforming buildings may be prohibitively expensive to renovate, they
often are developed at heights exceeding current Code requirements, making their replacement often
economically impossible; and
WHEREAS, the City Commission seeks to encourage the redevelopment of sites with
nonconforming buildings outside of historic districts by permitting property owners to retain existing
nonconforming heights in new construction; and
WHEREAS the Planning Board, at its meeting on December 18, 2018, by a vote of 7-0,
recommended in favor of the Ordinance;and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations", Division 5, "CD-2, Commercial, Medium-Intensity District," Section 142-306,
"Development Regulations,"is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE 11. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT
* * *
Sec. 142-306. - Development regulations.
)_The development regulations in the CD-2 commercial, medium intensity district are as follows:
Maximu Minimum Minimum Minimum Average Maximum Maximu
m Floor Lot Area Lot Width Apartment Apartment Building m
Area (Square (Feet) Unit Size Unit Size Height Number
Ratio Feet) (Square (Square Feet) (Feet) of
Feet) Stories
1.5 Commerci Commercial Commercial Commercial— 50 (except as 5 (except
al—None —None —N/A N/A provided as
Residential Residential New New in section 142- provided
—7,000 —50 construction construction— 1161). in section
—550 800 Self-storage 142-1161)
Rehabilitate Rehabilitated warehouse- Self-
d buildings— buildings-550 40 feet, except storage
400 Non-elderly that the warehouse
Non-elderly and elderly building height : 4
and elderly low and shall be
low and moderate limited to 25
moderate income feet within 50
income housing: feet from the
housing: See section rear property
See section 142-1183 'line for lots
142-1183 Hotel units— abutting an
Hotel unit: N/A alley; and
15%: 300— within 60 feet
335 from a
85%: 335+ residential
For district for
contributing blocks with no
hotel alley; Mixed-
structures, Use Buildings
located that include
within a local structured
historic parking for
district or a properties
national located on the
register west side of
district, Alton Road
which are from 6th Street
being to Collins
renovated in Canal–60
accordance feet.
with the
Secretary of
the Interior
Standards
2
and
Guidelines
for the
Rehabilitatio
n of Historic
Structures
as amended,
retaining the
existing
room
configuration
shall be
permitted,
provided all
rooms are a
minimum of
200 square
feet.
Additionally,
existing
room
configuration
s for the
above
described
hotel
structures
may be
modified to
address
applicable
life-safety
and
accessibility
regulations,
provided the
200 square
feet
minimum
unit size is
maintained.
Notwithstanding the above regulations, the maximum floor area ratio (FAR) for self-storage
warehouses shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-
307(d)(2)shall not apply to self-storage warehouse development.
(c) Subiect to conditional use approval from the planning board, as of January 1, 2019 (i) sites which
are located outside of historic districts, (ii) are greater than 50,000 square feet in area, and (iii) that
contain an existing building that is nonconforming as to height (hereinafter"existing building"), may be
3
redeveloped with a new building, which new building shall not exceed the existing building's height.
The portion of any new building exceeding 60 feet in height may be placed on a pedestal and shall not
exceed 2.25 of the footprint area for the existing building, and may be located on any portion of the
site. Under no circumstance shall the redevelopment of the site exceed the maximum floor area ratio
permitted under the zoning district regulations.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word"ordinance"may be changed to"section"or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2019.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM&LANGUAGE •
First Reading: January 16, 2019 &FOR EXECUTION
Second Reading: February 13, 2019
G �l.r� !4�Iq .
(Sponsored by Commissioner John Elizabeth Aleman) CiiyAttorney Date •
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:IAGENDAI2019101 January\Planning\CD-2 Nonconforming Building Heights-First Reading ORD.docx
4
EXHIBIT"Z"-PARK PHASED CONSTRUCTION PLAN
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ARQUITECTONICA EXHIBIT"Z"-PARK PHASED
2900 Oak Avenue,Miar,FL 33133 500 —600 - 700 ALTON ROAD CONSTRUCTION PLAN
T 305.372 1812 F 305 372.1175 EIz DATE: A7-06
No copies,transmissions.reproductions,ar electronic manipulation of any ponian of these drawl whole or inpart are to be made without the ex Note:Areas are approximate 12/05/2018
gain express this
haidnis MIAMI BEACH, FL 33139
concAlqUeptual in nature International of descontinue
indicated E In these drahe care of hey ro Arqects dedoruW Internationala nt copyrightsrreserved sed ur 21, ten data melded in is study
conceptual in lledend Valli selll to lu modifiedcthroughout me course of the protects development with the eventual integration of structural.MEP and life safely systems.As these 0 to 20 50 IW Idpa
are fanner reamed.ern numbers unit be adjusted accordingly � I 1
EXHIBIT"AA" - DESCRIPTION OF PUBLIC FACILITIES
The proposed development will be serviced by those roadway transportation facilities
currently in existence as provided by state, county, and local roadways. The proposed
development will also be serviced by public transportation facilities currently in existence, as
provided by Miami- Dade County, the City of Miami Beach, and such other governmental
entities as may presently operate public transportation services within the City of Miami Beach.
Sanitary sewer, solid waste, drainage, and potable water services for the proposed
development shall be those services currently in existence and owned or operated by Miami-
Dade County, the Miami-Dade County Water and Sewer Department, the City of Miami Beach,
and State of Florida. The proposed development shall be serviced by those existing educational
facilities owned or operated by the Miami-Dade Public Schools District, if applicable. The
proposed development shall be serviced by those existing parks and recreational facilities
owned or operated by the United States Government within Miami Dade County, by the State
of Florida, by Miami-Dade County, and by the City of Miami Beach. The proposed development
shall be serviced by those existing health systems and facilities operated by the United States
Government within Miami-Dade County, by the State of Florida, by Miami-Dade County, and by
the City of Miami Beach.
The proposed development will also be serviced by any and all public facilities, as such
are defined in Section 163.3221(12) of the Act, that are described in the Comprehensive Plan,
specifically including those facilities described in the Infrastructure Element and the Capital
Improvements Element therein, a copy of which is available for public inspection in the offices
of the City Clerk of the City of Miami Beach. Notwithstanding the foregoing, the Project may be
required to provide for some of its own services, including solid waste removal and stormwater
drainage.
EXHIBIT"BB"— DESCRIPTION OF PUBLIC RESERVATIONS
All easements referenced in the Agreement
To be provided at a later date .
OR Bk 31323 PG 3009
LAST PAGE
EXHIBIT"CC" - DESCRIPTION OF REQUIRED DEVELOPMENT PERMITS
The following constitutes a generalized list of local permits anticipated as necessary to be
approved by the terms of this Development Agreement:
1. Design Review Board, Planning Board, and/or Board of Adjustment approvals,
pursuant to Chapter 118 of the City of Miami Beach Code.
2. Utility Permits
3. Demolition Permits
4. Building Permits
5. Environmental Permits
6. Hazardous Materials Removal Permit, if removal of hazardous materials is found
necessary.
7. Public Works Permit, Paving and Drainage
8. Public Works Permit, Water and Sewer
9. Public Works Revocable Permits
10. Certificates of Use and/or Occupancy
11. Any variances or waivers that may be required pursuant to Chapters 114
through 142 of the City of Miami Beach Code
12. All other local governmental approvals as may be applicable to the subject
property from time to time pursuant to the terms of this Development and Ground Lease
Agreement, including but not limited to restrictive covenants in lieu of unity of title