HomeMy WebLinkAboutOcean Parcel Amended and Restated DAAMENDED AND RESTATED
OCEAN PARCEL DEVELOPMENT AGREEMENT
DATED MARCH 5, 1999
Prepared By and Return to:
Lawrence A. Levy
First Assistant City Attorney
City of Miami Beach
Office of the City Attorney
1700 Convention Center Drive
4th Floor
Miami Beach, FL 33139
TABLE OF CONTENTS
RECITALS...............................................................
-1-
Section 1.
Title of Agreement . ............................................
1
- -
Section 2.
Definitions of Terms
. ...........................................
.. -
Section 3.
Application and Scope of Agreement ..............................
- 1 -
Section 4.
Assignment of Rights ...........................................
-)
-
Section 5.
Development Approvals .......................................
• 1) -
Section 6.
1999 Concept Plan ............................................
.• 1 -
Section7.
Change of Laws ..............................................
•• 1,,[ -
Section 8.
Conflict of City, County, and State or Federal Laws ................
. 1: -
Section 9.
Commencement of Construction in Phases ........................
. 11, _
Section 10.
Public Facilities Plan ..........................................
. 1' -
Section 11.
Default, Remedies and Termination .............................
- 1' -
Section 12.
Enforced Delay and Extension of Time for Performance ............
- 2( -
Section 13.
Encumbrances and Releases of Real Property .....................
- 2� -
Section 14.
Concurrency; Mitigation .......................................
- 23 -
Section15.
Term of Agreement ...........................................
- 26
-
Section16.
Entire Agreement .............................................
- 261 -
Section 17.
Notice and Demands
..........................................
- 26 -
Section 18.
Indemnification of City ........................................
- 28
-
Section 19.
No Permit; No Waiver of Fees
28
..................................
- -
F 'ArRYT1YXI!0CFAN iMDV11 AGR
M.nA; 99. (IIy.nl
Section 20.
Good Faith; Further Assurances; No Cost ........................
. 2 ) -
Section 21.
Consistency with City's Comprehensive Plan ......................
• 2 > -
Section 22.
Recording of Development Agreement ...........................
.. 3) -
Section23.
Omissions ...................................................
.. 3111-
Section 24.
Conflict with DRB Order ......................................
•. 3 -
Section 25.
Captions ....................................................
. 3
Section 26.
Covenant Running with Land; Successors and Assigns .............
. 3 -
Section 27.
Restrictive Covenant Regarding Gambling ........................
. 3 -
Section28.
Governing Law; Venue ........................................
. 3; -
Section 29.
Expenses of Litigation .........................................
. 3. -
Section30.
Severability ..................................................
- 3: -
Section 31.
Relationship of Parties .........................................
- 32 -
Section 32.
1984 Agreement Amended and Restated with Regard to Ocean Parcel .
- 32 -
Section33.
Time is of the Essence .........................................
- 34 -
Indexof Defined Terms ....................................................
- 36 -
Listof Exhibits
...........................................................
.38-
Joinder.................................................................
.52-
F,ATIYM.F.VI A K'1'.AN I-t11 I.-;R
A.- 3. I-(1.21ry.)
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (th
"Development Agreement" or "Agreement") is made and entered into this 5th day of March, 199' 1,
by and between the City of Miami Beach, Florida, a municipal corporation (hereinafter referred t :)
as the "City"), and South Beach Ocean Parcel Ltd., a Florida limited partnership (hereinafter referre 3
to as "Developer"), as successor developer to South Pointe Development Company, a Florio a
corporation; Portofino Real Estate Fund, Ltd., a Florida limited partnership; and Continimw i
Company, LLC, a New York limited liability company.
RECITALS
A. The City of Miami Beach, Florida, is a Florida municipal corporation, with poNvei s
and authority conferred under the Florida Constitution, the Municipal Home Rule Powers Act, ',tai
legislation and the Miami Beach City Charter, and has all governmental, corporate and proprietar ✓
powers to enable it to conduct municipal government, perform municipal functions and rend(r
municipal services, including the authority to adopt, implement and enforce comprehensive plane
zoning ordinances, redevelopment plans and other police power measures necessary to assure th
health, safety and general welfare of the City and its inhabitants.
B. Pursuant to Florida Statutes Sections 163.3161 et. sue., the City of Miami Beach hE s
adopted and implemented a Comprehensive Plan for the redevelopment and continuing developmei t
of the City.
C. Pursuant to the provisions of Florida Statutes Sections 163.330 et. se ., the City c f
Miami Beach has created the Miami Beach Redevelopment Agency. The City adopted i
redevelopment plan on the 15th day of February 1984 for the southern portion of Miami Beacl ,
which redevelopment area is defined and bounded as described in Exhibit "A" attached hereto ai A
incorporated herein, entitled "The South Shore Revitalization Strategy," which plan constitutes t ie
redevelopment plan required by Chapter 163 of the Florida Statutes. Such redevelopment plan al ;o
has been approved as an amendment to the City's Comprehensive Plan by the State of Florid-, ai id
Miami -Dade County pursuant to the Local Government Comprehensive Planning Act, Sectii in
163.3161 et. sea. of the Florida Statutes.
D. The Developer is the owner of approximately 12.92 acres of property, more or le, s,
which is the easterly remaining undeveloped portion of a larger parcel of approximately 18.448 ;icr ;s
of property, more or less, known as the "Cheezem - South Pointe Parcel," located within t] to
redevelopment area. The Cheezem - South Pointe Parcel was the subject of the 1984 Developme it
Agreement referred to hereinafter. Both of such parcels of land are more fully described in Ex hit it
"B," which is attached hereto and made apart hereof. The real property owned by the Developer is
hereinafter referred to as the "Ocean Parcel."
E. The City and South Pointe Development Company, the original developer o T tl e
Cheezem - South Pointe Parcel, entered into a development agreement dated October 9, 1984, ; ,s
amended and supplemented through the date hereof (the "1984 Development Agreement"), in ord :r
to assure that the standards and criteria of the City's Comprehensive Plan and Redevelopment Nz n
were met; in order to promote the best utilization of property consistent with said Plans; in or&r 1 o
promote flexible and efficient development; in order to allow the City to maximize the developrnej it
opportunity presented by South Pointe Development Company; in order to define the rights ar, 3
obligations of the parties relating to the development of the Cheezem-South Pointe Parcel; and i z
F AM11f..\'1.I.F.\V",199'lll\'1.AIM - 2 -
M—h 2. Isw11.2",
order to encourage redevelopment in a timely fashion consistent with the aforesaid Redevelop in( nt
Plan.
F. On September 16, 1997, the City Attorney issued a memorandum opining that t ie
1984 Development Agreement had terminated, in accordance with its provisions.
G. Thereafter, the Developer filed a legal action against the City in the Eleventh Judic al
Circuit Court in and for Miami -Dade County, Florida (the "1998 Litigation"), styled South 13ea:h
Ocean Parcel, Ltd. v. City of Miami Beach, Case No. 98-10798 CA 30, alleging, in part, that t ie
1984 Development Agreement had not terminated and seeking a judicial declaration to that e;Te .t.
H. In order to resolve and settle the 1998 Litigation, together with a related, per di: ig
petition for certiorari and claim under Section 70.001, Florida Statutes (the "Bert J. Harris Priva to
Property Rights Protection Act"), and any other pending disputes, the parties have entered i:1tc a
settlement agreement (the "Settlement Agreement"), of even date herewith, whereby, for settleine it
purposes only, the City and the Developer agree that with respect to the Ocean Parcel, the L911 4
Development Agreement is in full force and effect and subject to amendment and restateme it is
hereinafter set forth. However, as to all undeveloped lands described in the 1984 Developme it
Agreement, other than the Ocean Parcel, but specifically including the "Hinson Parcel" describf d
and referenced in the 1984 Development Agreement as "Block 8," the 1984 Development Agreeme it
has expired in accordance with its provisions.
NOW, THEREFORE, in consideration of the foregoing, which recitals are specific,al. y
incorporated into this Development Agreement, and in consideration of the mutual covenants here n
contained, and for other good and valuable considerations, the receipt and sufficiency of whicl i at e
hereby acknowledged by each of the parties hereto, it is agreed as follows:
F'AMKF.V I:(WFAM 19 DVI. AOR - '} -
3
Section 1. Title of Agreement. This Agreement shall be known, and may be cited as
the "Amended and Restated Ocean Parcel Development Agreement."
Section 2. Definitions of Terms. As used in this Agreement, the following words a id
terms shall have the following meanings, unless another meaning is plainly intended:
"1984 Concept Plan" means the concept plan attached as Exhibit "D" to the 1934
Development Agreement.
1984 Zoning Ordinance" means the City of Miami Beach Zoning Ordinance, including ill
amendments thereto enacted as of September 19, 1984.
"1999 Concept Plan" means the Amended SOM Plan set forth in Exhibit "D" and tie
Schedules thereto, which are attached to this Development Agreement, and by this reference Ina le
part hereof as though fully set forth herein.
"1999 Land Development Regulations" means Subpart B (Chapters 114 through 142) )f
the Code of the City of Miami Beach, Florida, as the same was in effect as of the date hereof
"Agency" or "Community Redevelopment Agency" means the Redevelopment Agency )f
the City of Miami Beach, Florida, as created pursuant to Florida Statutes Section 163.330 et. se 1.
"Area", "Plan Area" or "Redevelopment Area" means the area included within. tl ie
boundaries of the South Point Redevelopment Project as established pursuant to Florida Sta:ut ,,s
Section 163.330 fit. ee . and as described and defined in the Redevelopment Plan.
"Building Permit" means a "Full Building Permit," as such term is defined in the 1999 I,ar d
Development Regulations, issued by the Building Department of the City, which allows building s
or structures to be erected, constructed, altered, moved, converted, extended, enlarged, or used, for
any purpose, in conformity with applicable codes and ordinances.
F�,\1TIn1}:VI:I K'EAMIv9vt)V l�.n(iR — 4
"City Code" means the Code of the City of Miami Beach, Florida, as amended throw h . he
date hereof.
"City Commission" means the Mayor and City Commission of the City of Miami Bea, ;h,
Florida, the governing body of the City, or any successor commission, board or body in which the
general legislative power of the City shall be vested.
"City Manager" means the City Manager of the City of Miami Beach, Florida.
"Commercial Space" means that certain space for office, retail or accessory storage (i) i or
the proposed retail structure on the northwest corner of the "Main Parcel," as such term is defin -,d
on the 1984 Concept Plan, and referenced in the DRB Order, plus (ii) the space for storage, offi -,e
or retail located on the west side of the theoretical extension of Ocean Drive, as shown o 1 t ie
Amended SOM Plan (as defined in Section 6 hereof), plus (iii) not to exceed 7,874 square feet of
the subterranean space (as shown on "level one" of the Amended SOM Plan) to be used for stora ;e
space, plus (iv) any Floor Area required to effectuate additional retail or other uses in the evem: tf at
the existing temporary driveway entrance to the Portofino and South Pointe Towers on the north si le
of said Towers is relocated or modified to incorporate an office, commercial or retail structure(s)
pursuant to City Commission action (based on an appeal of an order of the DRB or a reque;;t 1 iy
Marquesa Development, Ltd.) on or subsequent to the date of this Development Agreement.
"Comprehensive Plan" means the comprehensive plan which the City has adopted aid
implemented, including any amendments thereto, for the redevelopment and continuing developme it
of the City pursuant to Chapter 163, Part II, of the Florida Statutes.
"Development" means the undertaking of any building or construction, including ne N
construction, rehabilitation, renovation or redevelopment, the making of any material changes in tl e
I I AliR C
Alvch 3. IY9Y (!2�rynl-5-
use or appearance of property or structures, the subdivision of land, or any other action for whic 1 a ry
Development Approval is necessary.
"Development Approval" includes any zoning, rezoning, conditional use special excepti(n,
variance or subdivision approval, concurrency approval under Section 163.3180, Florida Sta'.:ut, ;s,
or any other official action of local government having the effect of approving the Developmc nt of
land.
"DRB" means the Design Review Board of the City of Miami Beach, Florida.
"DRB Order" means the Consolidated Order of the DRB with respect to the Ocean Parc ;l,
approved at a meeting of the DRB duly called and held on December 8, 1998, under DRB File T o.
9611.
"Excess Parking" means each and every parking space indicated on the Amended SOM PI in
and constructed within the Ocean Parcel which exceeds the number of parking spaces required f )r
the Development on the site as calculated in accordance with the 1984 Zoning Ordinance.
"Floor Area" means the floor area (in square feet) of any Development on the Ocean Para J,
as defined in, and measured in accordance with, the 1984 Zoning Ordinance.
"Notice of Default" means a written notice to a party that it is in default of its obligatio is
under this Development Agreement, and that such default must be remedied as required hereunder.
"Phase of Development" or "Phase" means a portion of the overall private developme 1tof
the Ocean Parcel that can be developed and operated independently of other development on tl e
Ocean Parcel and which includes all accessory uses and facilities necessary for such developmer t.
F''A1TP: VL IICFA.%*—OVl4 AUR L
1. Iwa 01", -6-
"Planning and Zoning Director" has the meaning set forth in Section 114-1 of the C ty
Code, his or her designee, or any person who holds an equivalent office in the event that su :h
position is modified or eliminated.
"Redevelopment Plan" means the South Shore Revitalization Strategy, prepared pumu, nt
to Florida Statutes Sections 163.330 et. seq., adopted by the City Commission on February 15, W 4,
and constituting the redevelopment plan for the area as well as the redevelopment element of the C ty
Comprehensive Plan, as each may be amended from time to time.
"Substantial Modification" as used herein, solely with respect to any design modification
of the Amended SOM Plan, shall have the meaning set forth below:
(i) For purposes of determining the impact of adjustments and revisions to the sitinE, aj [d
footprint of each structure indicated on the Amended SOM Plan (including pedestals and totiV,er s)
the dimensions of the footprint of each structure shall be expanded by eight percent (8%) in eai h
applicable direction to create a boundary overlay. An amendment to the footprint or a resiting of a
structure within its boundary overlay shall not constitute a Substantial Modification, and < n
amendment to the footprint or a resiting of a structure which exceeds its boundary overlay shz 11
constitute a Substantial Modification; provided, however, a determination that an amendment i it
revision does not constitute a Substantial Modification shall not automatically preclude additi 3n it
review by City staff (to the DRB), or by the DRB, as an amendment to the DRB Order, which
determination shall be made in the discretion of the Planning and Zoning Director;
(ii) Any alteration in the Floor Area of a structure indicated on the Amended SOM Pla z
which results in an increase or decrease of the Floor Area of said structure, or any other affe,:te i
i:'A rMLEVI, WF.\\M1 DVI4. ACR - 7 -
structure, which exceeds eight percent (8%) of the Floor Area for the structure as indicated can he
Amended SOM Plan;
(iii) The north tower within the Amended SOM Plan shall be used for residential and'or
residential/hotel (timeshare) use. Any change in the proposed use(s) in the north tower which woi, tld
result in less than ninety percent (90%) of said tower being used for residential and or
residential/hotel (timeshare) use shall constitute a Substantial Modification. In any event, only u: es
that are permitted in the applicable zoning district for the Ocean Parcel, as provided herein, shall :)e
allowed;
(iv) The south tower within the Amended SOM Plan shall be used for residential use. A ty
change in the proposed use(s) in the south tower which would result in less than ninety pe rcc nt
(90%) of said tower being used for residential use shall constitute a Substantial Modification. Iit a iy
event, only uses that are permitted in the applicable zoning district for the Ocean Parcel, as provid !d
herein, shall be allowed;
(v) Any other change or modification to the Amended SOM Plan which is substantial y
similar and/or analogous to the foregoing, shall be analyzed in the same manner to detennit .e
whether a requested modification constitutes a Substantial Modification.
Notwithstanding anything to the contrary contained herein, no change or modifica-:io t,
including a Substantial Modification, shall permit Development on the Ocean Parcel to exceed tI e
limits set forth in Section 6 hereof.
Nothing contained herein shall preclude the Planning and Zoning Director from determinin;
that a design modification is not substantial despite the fact that such modification may meet th
definition of Substantial Modification set forth herein.
F:'AM rU%IAI FA.\ 19 D"1.,16R 11v.h I. Iv9 02") - _
Upon the Developer's request, the initial determination whether an amendment constitu :es
a Substantial Modification in accordance with the foregoing provision shall be made by the Pla-Lni ng
and Zoning Director of the City, which decision may be appealed to the City Commission.
Section 3. Application and Scope of Agreement. It is the intention of the City and he
Developer that this Development Agreement shall govern the rights, duties, privilege; a zd
obligations of the Developer and the City, and its successors in interest and assigns, with resp,:ct to
various aspects of the Development of the Ocean Parcel, the legal description of which is set fo th
in Exhibit `B" attached hereto, and the benefits and burdens hereof shall bind and inure to the p art es
hereto, and to their successors in interest. The terms of this Development Agreement shall govc rn
all Development on the Ocean Parcel during the term hereof, and prior to expiration or termin-ati >n
of this Development Agreement in accordance with the provisions hereof, no Development sh ill
occur on the Ocean Parcel except pursuant to the terms and conditions of this Develop.-ne nt
Agreement.
Section 4. Assignment of Rights. In the event that Developer sells, assign, )r
otherwise transfers all or any portion of the Ocean Parcel during the term of this Developine it
Agreement to any sub -developer or successor in interest to Developer, then, in that event, the su )-
developer or successor Developer will be bound by each and every provision hereof as it relates o
the Ocean Parcel or portion thereof so transferred. Any such transfer shall not relieve the City of i :s
obligations under this Development Agreement as they relate to the Ocean Parcel or portion there) if
so transferred; nor shall the Developer be relieved of any of its duties, obligations or liabilities undo -r
this Development Agreement as to any portion of the Ocean Parcel retained by Developer; nor sha'1
any such transfer increase the financial or other obligations of the City hereunder. The Develop( r
F'.\rtM5.:\'I.(ICEAV1-nV1.Alip (� -
M .�h 1. 1' (1-2") - 7
shall notify the City of any such sale, assignment or other transfer, in writing, within thirty (30' d, ys
of the closing thereof. Such sale, assignment or transfer shall not increase the overall de nisi ;y,
building heights or Floor Area on the Ocean Parcel, and shall not modify or amend the compone its
or configuration of the 1999 Concept Plan for the Ocean Parcel, as shown in Exhibit "D" heretc
Section 5. Development Approvals. "Che Developer shall submit to the City ill
Building Permit applications, other permit applications and Development Approval applications, or
those permits which the City is responsible to issue, and the City shall process said applications, in
accordance with all applicable laws and the City's ord:.nances, and in accordance with the time lim is
set forth in Schedule Z to Exhibit "D" attached hereto and by this reference made part herei T.
Developer shall comply in all respects with the applicable Performance Standard Zoning o:1 t ie
Ocean Parcel, which zoning requirements are attached hereto and incorporated by reference is
Exhibit "C." For purposes of calculating applicable yard and setback requirements pursuant to t. ie
C-PS 3 district regulations, the"Main Parcel' of the Cheezem - South Pointe Parcel, as shown on
the 1984 Concept Plan shall be considered as a single parcel for all purposes of the 1984 Zonil g
Ordinance and the procedural portions of the 1999 Land Development Regulations, and tl ;e
theoretical extension of Washington Avenue shall be designated as the front of said Parcel, S au h
Pointe Drive (formerly known as Biscayne Street), and the boundary of the Main Parcel abui:tir g
South Pointe Park shall be designated as the sides of the Main Parcel, and the boundary of the Ma n
Parcel at the erosion control line shall be designated as the rear of said Parcel. Notwithstandir g
anything to the contrary contained herein or in the 1984 Zoning Ordinance, the 1999 Concept Pla 1
shall govern as to all setback and open space calculations without the need for variances; provide(.,
however, that this provision shall not constitute a waiver of any fees for deficiencies in required c pe i
F'U1TNF.VI.,IICf:AM19Vv1)V I.AUR - 10 -
Nu.F 1 Ioa9 ().lyxnl
space. The parties hereto acknowledge and agree that pursuant to Section 163.3233, Florida Statu :es,
the setback and open space calculations referenced on the 1999 Concept Plan comply with the Ci :y's
land development regulations in effect on October 17, 1997, and constitute subsequently ad oI Fed
laws and policies that are essential to the public health, safety and welfare, and application c f s iid
setbacks and open space calculations do not abrogate any rights of the Developer.
Section 6. 1999 Concept Plan. (a) On December 8, 1998, pursuant to the DRB Or( er,
the DRB, approved the Developer's application to DRB based on plans prepared by the archite-.tL ral
firm of Skidmore Owings & Merrill (the "SOM Plan"). Certain amendments to the SOM Plan h, ve
been made in order to conform the SOM Plan to the intent of this Development Agreement. The s ite
plan which is attached as Part 1 of Exhibit "D", and the textual details of which (including, but i of
limited to elevations, uses and other development aspects thereof) are attached hereto as Par: 2 of
Exhibit "D," and Schedules X, Y and Z included therewith, are by this reference incorporated here in
as though fully set forth in this place. By their execution of this Development Agreement, the parti -,s
agree that the Floor Area of all of the Development included within the SOM Plan shall be reduc, ;d
so that the Floor Area of the Ocean Parcel shall not exceed One Million Three Hundred Thousal .d
(1,300,000) square feet, measured in accordance with the 1984 Zoning Code, plus the Floor Arl!a
allocated to the Excess Parking and Commercial Space; the parties further agree to the oth ;r
parameters for Development that are set forth in Schedule Y attached to Exhibit "D." The partii s
further hereby agree that the modifications to the SOM Plan, as set forth in Exhibit "D" are n(st
Substantial Modifications to the SOM Plan; and that no further review of the SOM Plan by the DR 3
is required (unless there is any Substantial Modification to such Plan after the date of thus
Development Agreement or there is a substantial amendment to the aforementioned DRB approva ,
F ATRWF..VIA)CEAMIW 0V14AGR 11
\I #l.IW915.iy.n1
as determined by the Planning and Zoning Director). The parties acknowledge and agree that, 1 or
purposes of settlement of the 1998 Litigation, the SOM Plan, modified as described in this Secti )n
6 (and hereinafter referred to as the "Amended SOM Plan") represents a Substantial Modificati >n
to the 1984 Concept Plan, and the parties hereto acknowledge that on March 3, 1999, following t) ✓o
(2) public hearings, the City Commission approved this Development Agreement incorporating t ie
Amended SOM Plan.
(b) Any Development Approvals required in connection with the Amended SOM Plan sh ill
be processed by the City under the procedures set forth in the 1999 Land Development Regulatiot s,
notwithstanding that the substantive provisions of the 1984 Zoning Ordinance shall apply, unle 3s
otherwise set forth herein. A list of the Development Approvals required to implement the Amend -d
SOM Plan is attached as Schedule Z to Exhibit "D" Hereto, and no other Development Approve is
shall be required for Development on the Ocean Parcel; provided, however, that furth:r
Development Approvals may be required in the event that the Amended SOM Plan (i) con:ai: Ls
errors in the calculation of Floor Area or other relevant calculations, or (ii) is misleading.
(c) Technical changes to the Amended SOM flan which are not Substantial Modifications
to said Plan, which are (i) required in order for the Development to be in compliance with any ar d
all applicable laws, codes, rules and regulations of any governmental or regulatory agen,:ie >,
including, but not limited to, the South Florida Building Code and the Americans with Disabilitif s
Act, or (ii) otherwise required or necessary, including, but not limited to, any changes in connectic n
with ingress and egress and public works, or (iii) other design or zoning amendments which are nc t
Substantial Modifications, shall be delegated to the appropriate government official of the City fc r
review and approval, modification or other appropriate action.
�1 A1.-(5:24m)
(d) The Developer may at any time, and from time to time, request that Substan ial
Modifications be made to the Amended SOM Plan. In the event that the Developer request; a
Substantial Modification to the Amended SOM Plan, such Substantial Modification shall be subj ;ct
to full design review by the DRB pursuant to all applicable provisions of the City's 1999 Land
Development Regulations, and no Substantial Modification shall become effective unless and ut til
it is approved by the City Commission in accordance with the applicable provisions of Flori 3a
Statutes, Section 163.3220, et. seq. In no event shall any modification, whether a Substant al
Modification or otherwise, result in an increase in density, height or intensity of use or Floor Aim
as prescribed in the Amended SOM Plan. Any such Substantial Modification shall be perrrtitt:d
under this Development Agreement, provided that it does not result in an increase in density, h gig ht
or intensity of use or Floor Area as prescribed in the Amended SOM Plan; and provided, further, tI at
it obtains any design review approvals required under the City's 1999 Land Developine it
Regulations, including any approval by the City Commission that may be required thereunder )r
under this Development Agreement.
(e) Notwithstanding anything to the contrary contained herein, it is the intent of the parti, !s
hereto that any modifications to the Amended SOM Plm which are not determined to be Substariti it
Modifications shall not be deemed to be amendments to this Development Agreement even the-ug h
such modifications shall, under the terms of this Development Agreement or the City Code:, , s
applicable, be subject to the design review process (by either staff or the DRB), or any other Cit
boards, committees, or departments.
Mv.h S. 19991!'3Mm1
(f) For purposes of the computation of Floor Area for the Development, Developer n ay
include in the calculation of the square footage of the Ocean Parcel any portion thereof which he
Developer is transferring or dedicating to the City hereunder.
Section 7. Change of Laws. The rules, regulations, ordinances, laws, general or speci fie
plans, and official policies of the City governing development, density, permitted uses, gtovth
management, environmental considerations, design criteria and other matters pertaining to
development of the Ocean Parcel shall be those in force and effect on October 9, 1984, except t o t 1e
extent that the 1999 Land Development Regulations apply as set forth herein, and except as
otherwise set forth in Section 5 hereof. The City may, hereafter, during the term of tl is
Development Agreement apply only such new and/or modified rules, regulations, ordinances, 1 av s,
general or specific plans, and official policies which are not in conflict with those in effect o 1 t ie
date of this Agreement and application of which would not significantly increase the costs >f
performance of this Agreement. However, this Section 7 shall not preclude the application to tl to
Ocean Parcel of new or modified City laws, regulations, plans or policies specifically mandated ai d
required by changes in state, county, or federal laws or regulations. In the event such changi:s n
state, county, or federal laws prevent or preclude compliance with one or more provisions of th s
Agreement, the parties agree to take appropriate action pursuant to Section 8 of this Agreement.
Application, processing and inspection fees, improvement standards as set forth in the ,--i, y
regulations and, construction standards and specifications that are revised during the term of the s
Agreement shall apply to the Development pursuant to this Agreement if such fees, standards an i
specifications (i) apply to all development within the City and (ii) apply only to building and o the r
permits or development approvals for any development that has not yet been accepted for processin ;
- 14 -
by the City. No impact fees, special charges or other fees shall be imposed pursuant to this Secti )n
unless applicable City-wide, or in an area or district that includes the Ocean Parcel (such as a spec al
assessment district), other than expenses necessary for mitigation to achieve concurrency as me re
fully set forth in Section 14 hereof. Nothing in this Section shall be deemed to limit the power of
the Board of Adjustment, pursuant to Section 13 of the 1984 Zoning Ordinance, to impose fel:s,
charges, or other requirements as conditions to the grant of a variance.
Section 8. Conflict of City, County, and State or Federal Laws. In the every: tl at
state, county, or federal laws or regulations, prevent or preclude compliance with one or :nc re
provisions of this Agreement or require changes in permits or development approvals already i,,su ;d
or approved by the City, the parties shall:
(a) Provide the other party with written notice of such state or federal regulation )r
action; and provide a copy of such regulation or action and a statement identifying the colifli ct
between such laws or regulation and the provisions of this Agreement.
(b) Within thirty, (30) days, meet and confer in good faith in a reasonable attempt :o
modify this Agreement to comply with such federal, county, or state law or regulation.
(c) Thereafter, if the Developer and the City cannot agree upon a modification of th is
Development Agreement to comply with such state, county, or federal laws, the matter shall, up( n
the written request of either party hereto, be submitted to binding arbitration, before a sing e
arbitrator chosen by the parties, under the rules governing construction arbitration of the Ametic, n
Arbitration Association. In such case, the costs of said arbitration shall be divided equally betvret n
the Developer and the City. Notwithstanding the foregoing, no modification which constitutes a
F AM)(1:V'1:.WF.AYNI.99MII.AGR - 1 C -
Substantial Modification shall become effective unless and until it is approved in accordance w .th
the requirements of Section 6(d) hereof.
(d) Notwithstanding the above, the Developer and/or the City may pursue any legal rem ed es
to challenge the validity or application of such state, county, or federal laws or regulations, includi rig
the right to institute and maintain any action or proceeding which it may deem necessary to prate -,t,
assert, or enforce any rights or remedies thereunder. In the event such an action or proceeding is
instituted, any arbitration proceeding hereunder shall be stayed during the pendency of such otl er
action or proceeding.
Section 9. Commencement of Construction in Phases. Developer may develop t ie
Ocean Parcel in two (2) Phases, as set forth in Part 3 of Exhibit "D" attached hereto. In such ca; e,
Developer shall obtain a Building Permit for the each Phase of Development and comm en ;e
construction in accordance with the timetable set forth in Schedule X to Exhibit "D" attached here- o.
Developer shall diligently pursue construction of each Phase until the Development of such P ha je
is completed. Provided that -Developer obtains the Building Permits and commences construction
within the time frames provided in Schedule X to Exhibit "D," and diligently pursues constructic n
through the completion thereof and does not allow any Building Permit to expire, this Developme it
Agreement shall remain in full force and effect until the completion of Development under tl e
Amended SOM Plan.
Notwithstanding the provisions of Section 11 hereof, Developer agrees that in the event th it
Developer fails to comply with the schedule set forth in Schedule X to Exhibit "D" (including ar y
extensions of time granted under applicable law or Section 12 hereof), for the two Phases ( f
Development on the Ocean Parcel, as set forth in this above, the City shall be relieved of all of i s
F"All'1lIEV1:I1L'F..\NIY9VnVI�At:N 16
\Itch I. 19991f'.24m)
obligations under this Development Agreement, and this Development Agreement shall be
terminated and shall be null and void without any further action or notice on the part of the City or
the Developer.
Section 10. Public Facilities Plan. In order to promote and protect the public hi. -al h,
safety and welfare and in order to assure the orderly Development of the Ocean Parcel, the part es
agree that certain public facilities must be provided in a timely fashion by each party. According y,
the parties shall make public improvements in accordance with the Public Facilities Plan attach ;d
hereto as Exhibit "F" and incorporated herein by reference, which Exhibit "F" sets forth tie
responsibilities and obligations of each of the parties with respect to the timing and phasing c f t ie
provision of public facilities, the provision of infrastructure to thz Ocean Parcel, the dedication )f
land and the financial obligations of the parties with respect to provisions of said Public Faci .iti :s
Plan. The Developer and the City hereby further agree to the Traffic Mitigation Plan attached li, re :o
as Exhibit "G." The provisions of Exhibit E of the 1984 Development Agreement shall not 1,e
applicable to the Ocean Parcel. Exhibit "F" and Exhibit "G" hereto set forth all obligations of tie
Ocean Parcel with respect to the Developer's obligations with respect to public facilities.
Section 11. Default, Remedies and Termination. (a) Except as provided in Section 9
hereof, in the event that any party claims that the other party to this Development Agreement is i n
default with respect to any term or condition herein contained, the party alleging such default c r
breach shall give the breaching party Notice of Default in the manner provided in Section 17 of th s
Development Agreement. The Notice of Default shall specify the nature of the alleged default; ,anc',,
where appropriate, the manner and period of time in which said default may be satisfactorily cure( .
In no event shall the period of time referred to herein above be less than thirty (30) days measure 1
k'.,\Trt.I.I:VI:IICF..\Mlvwl)V I..At:R 17
Al ii 1. l'IN (ll�lnn)
from the date of mailing of the Notice of Default, provided that if a default occurs which may t of
be cured within such period, then the party charged with the default shall not be in default if su -h
party commences curing the default within such period and pursues curing the default continuou! ly
and diligently until such cure is effected. During any period of curing, the party charged with t ze
default, where curing is undertaken within the period referred to above and is continuously a id
diligently pursued, shall not be considered in default for the purposes of termination of tl is
Development Agreement or institution of legal proceedings or for any other purpose. If the de fal ilt
is timely cured, then no default shall be deemed to have existed, and the noticing party shall take. to
further action.
(b) If a default shall have occurred and be continuing after the applicable cure period, th :n
the non -defaulting party may proceed to protect its rights hereunder by exercising any remei ly
available at law or in equity, or by terminating this Development Agreement.
(c) No remedy herein conferred upon or reserved to the non -defaulting party is intended :o
be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulati-v
and shall be in addition to every other remedy given hereunder or now or hereafter existing at la x
or in equity.
(e) No delay or omission of the non -defaulting party to exercise any right or power accruir g
upon any default shall impair any such right or power or shall be construed to be a waiver of ar y
such event of default, or an acquiescence therein; and every power and remedy given by this Sec tic n
11 may be exercised from time to time, and as often as may be deemed expeditious by the »oi -
defaulting party.
(f) Notwithstanding any provision of this Development Agreement or the Settlemc nt
Agreement to the contrary, in the event:
(i) the Developer has timely obtained any and all Development Approvals which, re
required for the issuance of the Building Permit, which Development Approvals remain valid a id
applicable appeal periods have expired; and
(ii) the Developer has paid, or is prepared to immediately tender payment for, ; .11
required fees and costs directly or indirectly related to the Building Permit; and,
(iii) not less than ten (10) working days after the timely submission of a comple :e
application for a Building Permit, the Developer shall request separate meetings with the City's pl:.n
review staff and Fire Department, and the appropriate City personnel shall schedule meetings wi h
the Building Department and the Fire Department within fifteen (15) working days of each :;uc h
request. Upon completion of the meeting to review the plans and specifications for the Developrne it
of the Ocean Parcel, the appropriate City staff shall issue a "review sheet," pursuant to the Soul h
Florida Building Code (1994 Edition and all amendments thereto), noting the deficiencies it tl e
plans and specifications for the Development. Developer shall timely respond to the deficiencif s
noted in said "review sheet" within fifteen (15) days thereof, and the appropriate City staff sha 1
review said response within the fifteen (15) day timeframe noted above. Said review process sha 1
continue in accordance with the above until no deficiencies remain; and
(iv) the "Building Official" (as such term is defined in the 1999 Land Developnier t
Regulations) has confirmed in writing (at the Developer's written request) that the Developer ha!,
in the professional judgment of the Building Official, submitted a completed application (and tiniel
effectuated amendments and/or revisions after all appropriate reviews, as required) for a Buildin;;
i SAT 2. 1};VI.HSCF.AMIY9VD\'II.AUP - 9 _
Mrvh 1. 1-0 :21ryn) 1 7
Permit which complies with all terms and provisions of the Amended SOM Plan and all terms a id
provisions of this Development Agreement, the DRB Order (and the conditions thereof), aid
Developer has complied with all applicable statutes, ordinances and regulations, including, with( ut
limitation, all terms and provisions of the South Florida Building Code (1994 Edition and a iy
amendments thereto, or any successor code), 1994 Life/Safety Code (NFPA 101) and Fl Sri is
Accessibility Code; and
(v) the City arbitrarily and without just cause refuses to issue a Building Permit in
accordance with all applicable laws and the City's ordinances, but in any event within five (5)
working days after the date on which no deficiencies remain, as set forth above, and the payment :)f
all applicable fees; then, Developer may apply to any court of competent jurisdiction for enforceme nt
of this Agreement and such other relief as is indicated, in order to make Developer whole. In su ;h
event, and notwithstanding the provisions of Section 28 hereof, the prevailing party in such a-tion
or proceeding shall be entitled to recover its reasonable attorney fees and expenses from the 4)& er
party to such action or proceeding.
Section 12. Enforced Delay and Extension of Time for Performance. (i)
Notwithstanding any of the provisions of this Agreement to the contrary, and except as provid, ;d
herein, neither the City nor Developer, as the case may be, nor any successor in interest, shall )e
considered in breach of or in default of any of its respective obligations, including but not liniit, ;d
to, the beginning and/or commencement and/or completion of construction of a Phase )f
Development, or progress in respect thereto, in the event of (and for so long as) performance of su, ,h
obligations is prevented or delayed by any "causes" which are beyond the control of such party. Sui h
causes are defined as: strikes; lockouts; Acts of God; unusual delay in obtaining or inabili!_y o
f'.\Tff.1.Y:Vl !K'Y:A.Y I9991)V I•A!:0. _ 20
N.nA 1. IVW (ll!+nl
obtain labor, materials or sources of energy on the open market due to general shortage, rationi ig.
problems associated with the commonly known "Y2K bug," which affects computers involvec in
the manufacture or transportation of materials or the design or implementation of Developm.-ni of
the Ocean Parcel, or governmental restrictions; war; malicious mischief, failure of transport, ti, ►n;
civil unrest or commotion; fire; action of the elements (including hurricanes and windstorm s);
sabotage; condemnation; requisition, order of governmental or civil or military or naval authoriti ;s;
litigation directly affecting the Ocean Parcel or this Development Agreement instituted by a th rd
party not owned or controlled by the Developer relating to zoning, subdivision, referendums, or otl .er
governmental action or inaction; inability to obtain governmental permits or approvals; failure of i he
City to comply with any time periods set forth in Schedule Z to Exhibit "D" hereto with respect to
the time periods within which the City is required to process timely submitted and complet ;d
applications for Building Permits or other Development Agreements, governmental moratoria m
(including any failure or inability of the City to comply with any "concurrency" requirements and �-r
Part II of Chapter 163, Florida Statutes); the appeal of or litigation by a third party not related to t ►e
Developer concerning the granting of governmental permits or approvals; provided, however. th Elt
the terms of this Section 12 shall not include such party's insolvency or financial conditic n )r
inability in obtaining financing, or the inability of the Developer to develop the Ocean Parcel di .e
to conditions in the residential, timeshare or hotel markets.
Notwithstanding anything to the contrary contained herein, foreclosure of any mortga€,;e i it
lien against the Ocean Parcel, or any portion thereof, shall extend the time for performance o:.�tl e
Developer's obligations hereunder, but only on a single occasion and only for a period of time not
F''n1T IIIA LI WE" t--1. AGR - — 21 —
\IwF I. IYW I! i.rynl
to exceed one (1) year, calculated from the date that the initial pleading in such foreclosure acti )n
is filed with a court of competent jurisdiction.
(b) The party seeking the benefit of the provisions of this Section 12, includin€, a iy
mortgagee of all or any portion of the Ocean Parcel, shall, within thirty (30) days after such par ty
shall have become aware of such unavoidable delay, give notice to the other party thereof in wr-iti ig
of the cause or causes thereof and the time delayed to the extent the same can then reasonably )e
determined. Under no circumstances shall a party hereto be charged with constructive notice o `a; ry
excuse for performance by the other party hereto. In the event that actual written notice is not giv ,n
within such thirty (30) day period, then the duration of the unavoidable delay shall be deem(;d :o
commence as of the actual delivery of written notice thereof. If the parties disagree as to the ])a,, is
for claiming an extension and/or the duration thereof, the matter shall be submitted to bindii .g
arbitration before a single arbitrator chosen by the parties under the rules governing constructic n
arbitration of the American Arbitration Association. The costs of any such arbitration sha.l 1 e
divided equally between the,parties.
(d) In the event that two or more of the events excusing performance by either party or ,ol h
parties hereto shall occur concurrently, the periods of delay of performance therefor shall rL n
concurrently, but only to the extent that such events are actually concurrent.
Section 13. Encumbrances and Releases of Real Property. The parties agree that tr
Developer shall have the unlimited right to mortgage or hypothecate all or any portion of the Oc-ea i
Parcel other than property dedicated to the public by deed, grant, easement or right of way and fc r
utilities and other public improvements, at its sole discretion, and that nothing contained in thi
Development Agreement shall constitute a prohibition on such activity. The City hereby agrees to
ronrn Fl.r.v(;ncenMlwanvl. ntia - 22
provide proposed lenders with written assurances in this regard, as well as with estoppel certif ca es
indicating that this Development Agreement is in full force and effect, or, in the event that th.,rc is
any default hereunder, with notice thereof; and that the development rights created hereunder � .re
available to the mortgagee as a potential successor in interest to Developer. Subject to the rer ns
hereof, the City agrees to give any mortgagee a copy of any Notice of Default by Developer trnc er
this Development Agreement, if so requested by the mortgagee. Any mortgagee, sub -developer or
successor Developer, who comes into possession of the Ocean Parcel or any portion thereof,
pursuant to foreclosure of a mortgage or transfer, sale, and assignment, shall take the Ocean Pan el
or such portion thereof, subject to any claims for payment or charges against the property, of p; rt
thereof (on a pro rata basis in the case such transfer, sale or assignment affects only a portion cf t ie
Ocean Parcel), so acquired, which accrued prior to transfer of title. The City hereby covenant,: a] id
agrees that upon issuance of a final certificate of occupancy for any Phase of Development of t te
Ocean Parcel, including all accessory structures shown on the Amended SOM Plan, the City 3h,11
execute and deliver to the Clerk of the Circuit Court of Miami -Dade County appropriate releas,;s rf
satisfied obligations hereunder in a form and substance acceptable to said Clerk or as may otherwi ,e
be necessary to effectuate a complete and total release of such Phase of the Development o :7, tl e
Ocean Parcel from the requirements of this Development Agreement.
Section 14. Concurrency; Mitigation. (a) The City has determined that tY e
Development shown in the Amended SOM Plan complies with the concurrency requirements c f
Section 163.3180, Florida Statutes, with respect to parks and recreation and solid waste, and th, .t
such Development will comply with concurrency with respect to transportation provided that th
Developer carries out the requirements for traffic mitigation set forth in Exhibit "G" hereto. A 1
stormwater and drainage shall be contained on site and upon compliance with all applicable laws � nd
regulations for the treatment thereof, the Development shown on the Amended SOM Plan shall be
concurrent as to stormwater and drainage.
City shall allocate and reserve to the Development reflected on the Amended SOM Pla i ( he
"Project"), such capacity for water and sewer as required to serve the Project based upon r he
available capacity of such systems, after taking into account all committed capacity, as of Deceml per
8, 1998 (the "DRB Date").
The Developer has advised the City that the Project has the following requirements:
Potable Water ("Water")
Phase I 78,750 gallons per day
Phase II 63,850 gallons per day
Waste Water ("Sewer"�
Phase I 66,750 gallons per day
Phase II 52,558 gallons per day
These numbers are hereinafter referred to as the "Requirements."
Within ten (10) days of a written request by the City, the Developer shall provide :;u(h
additional information with respect to Water and Sewer Requirements as the City may reasonab y
request. Within sixty (60) days of the execution of this Development Agreement, the City sha J
review the Requirements to determine whether or not it has sufficient capacity, as of the DRB Elm,
to serve the Project. If the City makes the determination that it does have sufficient capacity i he 1
the Project will be deemed concurrent for purposes of Water and Sewer. However, in the event th
F ATI MYVL—EAM 1999nV I4. AUM _ 24 _
11—h 1. I Vn ().2")
City determines that sufficient capacity to serve the Project did not exist as of the DRB Date, he
following shall occur:
(i) all capacity that was in fact available as of the DRB Date and which is required :or
the Project shall be allocated and reserved to the Project; and
Developer may propose solutions with respect to any Requirements of the Proj !ct
which are not allocated to the Project pursuant to subsection 14(a)(i) z be ve
(hereinafter referred to as the "Unmet Requirements") and the City shall c of
unreasonably withhold its approval of any such solutions;
(iii) The Project shall be concurrent for purposes of Water and Sewer in the event th, t:
(1) future improvements by the City increase capacity to the extent required to
satisfy the Unmet Requirements (and City hereby agrees to allocate: t ie
additional capacity to the Project to the extent required to satisfy the U:ur et
Requirements); or
(2) Developer provides and/or pays its fair share of the costs of tl ie
improvements required for the solutions agreed upon pursuan o
subparagraph (ii) above, such payment to be made prior to issuance of ar y
Building Permit for Development that will require the Unmet Requirement;.
If at the time any Building Permit is issued, the Developer's aggregate Water and/or St wi r
Requirements exceed the amounts set forth in this Section 14, the Developer shall make provi;ic Z
for such excess Water and Sewer capacity or shall pay its fair share to bring the Development int
concurrency. Such payment shall be made on or before the date on which the City issues a fins l
certificate of occupancy for such Development.
f'�A1Th1.EV1.NlCF.AY�19Y9D\'I�A4R —25—
Mr.h 1 Iv99 (llywn)
(b) The parties agree to the Developer's Obligations and Public Facilities Plan and the T -af is
Mitigation Plan, attached hereto as Exhibits "F" and "G," respectively.
Section 15. Term of Agreement. The term of this Development Agreement sh ill
commence on the date first written above, and shall extend until October 9, 2005, and thereafter as
set forth in Section 9 hereof, unless (a) said term is altered by mutual consent of the parties, whi .h
consent may be granted or withheld in each party's sole and absolute discretion, with or wi :hc ut
cause, (b) the Agreement is terminated, with or without notice, as the case may be, as contemplat :d
hereunder, or (c) the term is extended as provided hereunder, including, but not limite 1 1 o,
extensions of time for performance of obligations hereunder in accordance with Section 12 herec F..
Section 16. Entire Agreement. This Development Agreement represents the enti re
agreement of the parties hereto and no prior or present agreements or representations shall be bir.di ig
upon either of the parties hereto, unless specifically incorporated herein by reference, whether su :h
prior or present agreements have been made orally or in writing. No modification, chin€ e,
amendment or extension of the terms or provisions of this Development Agreement shall be -,,al'Id
or binding upon either one of the parties, unless in writing, and executed by both of the parties h ire to
which execution may be granted or withheld in each party's sole and absolute discretion, with )r
without cause,.
Section 17. Notice and Demands. All formal notices, demands, correspondence ai id
communications between the City and the Developer shall be deemed sufficiently given under t: to
terms of this Development Agreement if dispatched by certified mail, postage prepaid, return re:ei )t
requested, as follows:
F-AIT NIF.VUI]CF.AMI999D\'ItnuY — 26 _
N�n� I. 14991f S..ml [,U
As to City of Miami Beach:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
As to South Beach Ocean Parcel, Ltd.:
Mr. Bruce Eichner
Continuum Company, LLC
667 Madison Avenue
14th Floor
New York, New York 10021
With a copy to:
Mr. Nathan Hong
Continuum Company, LLC
One South Pointe Drive
Miami Beach, Florida 33139
With a copy to:
Joseph L. Rebak, Esq.
Tew Cardenas Rebak, et. al.
Miami Center
Suite 2600
200 South Biscayne Boulevard
Miami, Florida 33131
or to such other address and to the attention of such other person as the City or the Developer m ►y
from time to time designate by written notice to the other.
E"Ar"MIVI KEAM Iw DV I4.AGR 27
MnA 1. 1999I5.]4wl
Section 18. Indemnification of City. Developer hereby agrees to indemnify and hold the
City, its officers, agents, employees, and representatives harmless from liability for damage, or
claims for damage for personal injury, including wrongful death, and claims for property da:nae,
which may arise from the direct or indirect operations of the Developer, or those of any contrac or,
subcontractor, agent, employee, or other person acting on Developer's behalf, which relate ito he
development of the Ocean Parcel. This indemnification agreement applies to all damages and c lai ns
for damages, including without limitation, interest, costs and attorneys fees, suffered or alle€.ed to
have been suffered by reason of the operations referred to herein, regardless of whether or not i he
City approved the plans or specifications or both for the Ocean Parcel. It is understood, ho Aev -r,
that this indemnification agreement does not apply to acts or omissions of the City, or of its office -s,
agents, employees, or representatives.
Developer agrees to, and shall defend at its sole cost and expense (with Develc pe -'s
attorney(s) being primarily responsible for such defense), the City and its officers, agents, employe( s,
and representatives from actions for damages caused, or alleged to have been caused, by reason )f
Developer's activities in connection with the Ocean Parcel, and for any action or proceeding ag iir. A
the City by a third party which contests the validity of this Development Agreement or any po.,ti< n
hereof, or the right of the City to amend the 1984 Development Agreement.
Section 19. No Permit; No Waiver of Fees. This Development Agreement is not ar d
shall not be construed as a Development Approval, Building Permit or authorization to comment e
Development, nor shall it relieve Developer of the obligations to obtain necessary Developriei t
Approvals, Building Permits and other required permits that are required under applicable law an i
under and pursuant to the terms of this Development Agreement. Nothing contained in thi s
F:b\�llxl,l'h'UI Kf:A\�19WDVI�A1R — ��
'—h 1. 1 W 0 2";
Development Agreement shall be deemed to constitute a waiver of any fee, charge or cost im -)o; ,ed
by the City in connection with the issuance of any Development Approval, Building Permit or of ier
permit.
Section 20. Good Faith; Further Assurances: No Cost. The parties to this Developm ;nt
Agreement have negotiated in good faith. It is the intent and agreement of the parties that they sr all
cooperate with each other reasonably and in good faith to effectuate the purposes and intent o:71 a rid
to satisfy their obligations under, this Development Agreement in order to secure to themselves 1 he
mutual benefits created under this Development Agreement; and, in that regard, the parties sh ill
execute such further documents as may be reasonably necessary to effectuate the provisions of tl tis
Development Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restr ct
or require the exercise of the City's police power or actions of the City when acting in a legislati ✓e
or quasi-judicial capacity. Wherever in this Development Agreement a provision requit es
cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of nc cc st
shall not be deemed to include any cost of review (whether legal or otherwise), attendan.e at
meetings, hearings or proceedings and comment and/or execution of documents, all such costs :o ' )e
borne by the party receiving a request to so cooperate, act in good faith or so forth. Notwithstandii ig
the foregoing, all public notices required to be published in connection with any hearings or oth ;r
proceedings arising out of this Development Agreement shall be at the sole cost and expense of tl .e
Developer.
Section 21. Consistency with City's Comprehensive Plan. The City has heretefo: e
adopted and is implementing the Comprehensive Plan. The City hereby finds and declares tha: tf e
provisions of this Agreement dealing with the Ocean Parcel and the Amended SOM Plan, ai e
'A I'IYNI2VI.tK'FAMI9s9nVl�..\60. —29 _
\I fi1.19v9().SMrnl LY
consistent with the City's Comprehensive Plan and the: 1984 Zoning Ordinance (subject to all
applicable Development Approvals, Building Permits, and any mitigation requirements relat ve to
concurrency required thereunder).
Section 22. Recording of Development Agreement. Within fourteen (14) days aft.-r he
final execution of this Development Agreement, the Developer, on behalf of the City, shall r,,-c( rd
this Development Agreement with the Clerk of the Circuit Court of Miami -Dade County, a id
provide a certified copy of said recorded Development Agreement to the City as soon as is
practicable, but in no event more than thirty (30) days thereafter. The Developer shall submit a co )y
of the recorded Development Agreement to the State of Florida's land planning agency v it1 in
fourteen (14) days after this Development Agreement is recorded. The Developer agrees that it sh ill
be responsible for all recording fees and costs related to the recording and delivery of tl is
Development Agreement as described in this Section. The provisions hereof shall remain ill fi [11
force and effect during the term hereof, and, subject to the conditions of this Develop ne at
Agreement, shall be binding upon each of the undersigned, and all successors in interest to t. to
parties to this Development Agreement. Whenever an extension of any deadline is allowed )r
provided for under the terms of this Development Agreement, at the request of either party, the oth ;r
party shall join in a short -form recordable memorandum confirming such extension to be record( d
in the public records of Miami -Dade County.
Section 23. Omissions. The parties hereto agree that the failure of this Developme it
Agreement to address a particular permit, condition, term, or restriction shall not relieve t1 e
Developer of the necessity of complying with the law governing said permitting requirement;,
conditions, term, or restriction notwithstanding any such omission.
i:�, 2.1 k VI �� 21'.MI9..1)V - 30 -
Section 24. Conflict with DRB Order. In the event that a conflict arises betwe m the
provisions contained in this Development Agreement and any provisions of the DRB Order, the
provisions of this Development Agreement shall govern.
Section 25. Captions. The captions of this Development Agreement are for convenie ice
and reference only, and in no way define, describe, exte�id, or limit the scope or intent hereof.
Section 26. Covenant Running with Land; Successors and Assigns. This Develo )rr ent
Agreement shall constitute a covenant running with the land, and shall be binding upon and in ire
to the benefit of the parties hereto, and their respective successors, assigns, and pei-so ial
representatives.
Section 27. Restrictive Covenant Regarding Gambling. The Developer hereby zigr ;es
that in the event that casino gambling is legalized under State and/or local law, neither the ()c( an
Parcel, nor any portion thereof, shall ever be used as the site of a gambling casino or facility. T its
provision shall constitute a covenant running with the land, in perpetuity, and shall survive he
termination of this Development Agreement. Developer agrees to record a restrictive coven nt
against the Ocean Parcel to this effect.
Section 28. Governing Law; Venue. This Development Agreement shall be gov.-rr ed
in its enforcement, construction, and interpretation by the laws of the State of Florida, without r-g� rd
to principles of conflicts of law. Any litigation arising between the parties with respect to t: tis
Development Agreement, or the Ocean Parcel, as described in Exhibit "B" attached hereto, shill be
instituted and maintained in the Circuit Court of Miami -:Dade County, Florida.
i�AITIXI.F.\'I:IICl,\M 19V9nVi..A(:p — 3 1 —
ll
Section 29. Expenses of Litigation. In the event of any litigation between the parti -s
arising out of this Development Agreement for a breach hereof, each party shall be responsible i :)r
its own attorney's fees and court costs at all trial and appellate levels.
Section 30. Severability. In the event that any term or provision of this Developmf nt
Agreement is determined by a court of competent jurisdiction to be illegal or otherwise invalid, su :h
provision shall be given its closest legal meaning or be construed or deleted as such :oi in
determines, and the remainder of this Development Agreement shall be construed to be in full Foi -e
and effect.
Section 31. Relationship of Parties. It is specifically understood and agreed to b,1 a id
between the parties hereto that: (a) the subject development is a private development; (b) the C ty
has no interest or responsibilities for or duty to third parties concerning any improvements until su h
time and only until such time that the City accepts the same pursuant to the provisions o:7 tl .is
Agreement or in connection with any subdivision map approvals; (c) the Developer shall hay. f ill
power over and exclusive control of the Ocean Parcel, subject only to the limitations and obligations
of Developer pursuant to this Agreement; and (d) the relationship of the parties is contractual in
nature, and the City is not a joint venturer, partner, or agent of Developer.
Section 32. 1984 Agreement Amended and Restated with Regard to Ocean Parc ;l.
With regard to the Ocean Parcel only, this Amended and Restated Ocean Parcel Developm(nt
Agreement amends, restates, supersedes and bifurcates the 1984 Development Agreement, includi ig
any amendments or modifications thereof. From and after the date hereof, the Ocean Parcel is or ly
subject to the terms hereof and all rights and obligations with respect to the Ocean Parcel are ! et
forth herein, and default by the owners of any portion of the Cheezem - South Pointe Parcel, ,xf er
M.,F 1. 0.3")
than the Ocean Parcel, shall not affect any rights or obligations of the owner of the Ocean Parcel as
contained herein. Upon its effective date, this Amended and Restated Ocean Parcel Developm(nt
Agreement shall further serve and constitute a Certificate of Release (as contemplated b y, t Ze
Memorandum of Development Agreement recorded in Official Records Book 12338 at Page 5 )1 of
the Public Records of Miami -Dade County, Florida), with respect to all of the terms and provi Sic is
of the 1984 Development Agreement which are not specifically contained in this Amended a id
Restated Ocean Parcel Development Agreement. It is the intention of the parties hereto tha,' tl is
Amended and Restated Ocean Parcel Development Agreement shall affect only the Ocean Parce 1 a id
shall not create any rights or confer any benefit upon any third parties (other than successors, ass igi .s,
mortgagees, or lienors of Developer), including, but not limited to, the legal or equitable owne rs )f
any other portions of the Cheezem - South Pointe Parcel, including Block 8 as shown on Exhibi : 1)"
to the 1984 Development Agreement, or the developments known as South Pointe Towei & id
Portofino Tower.
[THIS SPACE INTENTIONALLY LEFT BLANK]
F. A IT 111VIAWiAN I-D\'I1 AGR -33 -
Section 33. Time is of the Essence. The parties specifically agree that time is of he
essence regarding this Development Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day E nd
year first above written.
APPROVED:
AT ST:
[ut. � � aL11--
R Bert Parcher, City Clerk
CITY OF M EACH
1
By:
Neisen O. Kasdin, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Uj ? ffd, —
City Attorney Da a
r
SOUTH BEACH OCE A, EL,., on da
limited partn i , By: South Beach, arcel G , In . a Delz w, re
COMMr , as Genera art
President
ATTEST:
By:
[Name, Title]
E 1%rr1)11Fvw K:e,%"--9VI,",;R '2 `t
.-3. 19 (f I.rm) _ J
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State an I
County aforesaid to take acknowledgments, personally appeared Neisen O. Kasdin 711ak ftt
*KIM, well known to me to be the Mayor
q� of the CITY OF MIAN I
BEACH, a municipal corporation, and that the aummiftacknowledged executing the same, frr:el
and voluntarily under authority duly vested in t4ofoby said corporation and that the seal affixe 1
thereto is the true and corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this 1� day ( f
r , 1999.
AVA M. KILPATRICK
MY COMMISSION # CC 748173
3, 2002
, J
EXPIRES: June
Thm Notary Public Underwriters
r„
Bonded
STATE OF NEW YORK )
)ss:
COUNTY OF NEW YORK )
, &V
Notary Public
My commission expires:
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State an i
County aforesaid to take acknowledgments, personally appeare CeV /k�vell known t
me to be the President of SOUTH BEACH OCEAN PARCEL G.P., INC., a Delaware corporal ioi
the General Partner of SOUTH BEACH OCEAN PARCEL, LTD., a Florida limited partnership, an i
that he acknowledged executing the same, freely and voluntarily under authority duly vested in hit i
by said corporation and that the seal affixed thereto is the true and corporate seal of said corporaliol
WITNESS my hand and official seal in the County an ,state last aforesaid this a c f
lonic'L 1999.
Public
My commission expires:
SERAFRNA; RAWTI
Notary Public, State of New York
No. 31-50025h8
Qualified in New `fork County
Commission Expires October 26,
rnrcrrou.ev�.uxr:nNuw�ov�a naa — 35 —
ee.hn i, M9 (4 45s )
Index of Defined Terms
1984 Concept Plan.......................................................... .4-
1984 Development Agreement
................................................
1984 Zoning Ordinance......................................................
- 2 -
.4-
1998 Litigation
.............................................................
.3-
1999 Concept Plan..........................................................
-4-
1999 Land Use Regulations...................................................
- I -
Agency...................................................................
-t-
Agency or Community Redevelopment Agency ...................................
- I -
Agreement................................................................
-l-
AmendedSOM Plan .......................................................
1?-
Area.....................................................................
Bert J. Harris Private Property Rights Protection Act ...............................
- 1-
- 3 -
Building Official..........................................................
1 ) -
Building Permit............................................................
- L-
Cheezem - South Pointe Parcel ................................................
- -
City......................................................................
- ,-
CityCode.................................................................
- .-
City Commission...........................................................
- �-
CityManager..............................................................
-..-
Community Redevelopment Agency ............................................
- . • -
Comprehensive Plan ........................................................-
Developer.................................................................
- -
Development..............................................................-
Development Agreement.....................................................
- -
Development Approval......................................................
-t -
DRB....................................................................
-1: -
DRBDate................................................................
-2z -
DRB Order................................................................
-f
Excess Parking .............................................................
-f -
FloorArea................................................................
MainParcel
-f -
..............................................................
Notice of Default
-1( -
...........................................................
OceanParcel..............................................................-
- E -
Ocean Parcel Development Agreement
..........................................
- 4 -
Phase....................................................................
Phase of Development
-E -
.......................................................
- E -
PlanArea.................................................................
Planning and Zoning Director
4-
.................................................
Redevelopment Area
- 7-
........................................................
4-
Redevelopment Plan ........................................................
-7-
Requirements............................................................. .24-
Y^AM?LE TI FAMI—OV11 A4N —2.1— 36 —
a99f 2")
RetailSpace...............................................................
Settlement Agreement.......................................................
Sewer...................................................................
SOM Plan................................................................
Substantial Modification.................................................... .
Unmet Requirements.......................................................
Water...................................................................
F. Ar"?I.LVL(WEAYN1 DVII MiR — 37 —
AI�nA Z. l aw l�'III+1
List of Exhibit>
Exhibit "A" - Legal Description of South Shore Redi:velopment Area
Exhibit "B" -- Legal Description of the Cheezem - South Pointe Parcel and the Ocean
Parcel
Exhibit "C" -- PS - Performance Standard Zoning District
Exhibit "D" - 1999 Concept Plan
Part 1 - Site Plan
Part 2 - Amended SOM Plan
Schedule X - Timetable for Development
Schedule Y - Certain Development Parameters
Schedule Z - List of Required Development Approvals
Exhibit "E" -- Copy of Consolidated Order under DRB File No. 9611
Exhibit "F" -- City's Obligations/Public Facilities Plan
Exhibit "G" - Traffic Mitigation Plan
F`ATIY FI.FVt-FWI-aIItj .4- 3o�-
-h 2. 1-(!'.2")
Exhibit "A"
Legal Description of South Shore Redevelopment Area
v InM T I.EVl>1RW.AM I —DI I ,,OR
Mush ]. 1—(12.-)
n0uvjo .:Y OCSCw 1 PT inw
The Sowth 6caeh ccdcve'lo-...cnt 7ro]cet Area. hefeim:a(l:r
called the -project .�rca�, is d,tincatrd on the Protect sowndarr
and Land Use PIan rap dcslgnate'i as r:nhibit A. :nd is more rar_
tievlaclr described ws fo1Io..::
All that rewl pcopertr,in the City oC Waml,
6owch, County of oade. State of Florida%
within the follovinq-mlcscribed boundaries-
Scg(nn(nq at the ttocth`esterlr corner of LOT 2, 5EX4Ci 1•, Mr.r-T4040
SueOIVISION.accordinq to THE M+ENOM PLAT thereof as recorded in
Plat gook 29. Page C the Pulalie Records of oade County. r actda:
-.,hence run Easterly along the Northerly line of said LOT 2 for a dl:-
tanee of 1SO.7 feet more or les:c to a point, said point bcinq Ch,
Northeasterly corner of said LOT 2:
Thence continue along above mmen.iened course for a distance of SC: feet
sore or less, across West Avenui_,to the Intersection with t:estmeclr
line of BLOCK. 2, McCTw000 SUHO'ivISIOH, according to the At Zx0j!:0 PLAT
thereof as recorded in plat Soolc 29. Page 34 of the Public Reccnrds of
Cade County, Florida:
;hence run Southerly along the 1jesterly line of said 13LOt-7C 2 for a
,a distance of 160.1 Ccet more or ;less to a point. said point being • •-
Point of Curvature (P.C.) of a circular curve concave to the gcre'tieast
an9 having for its elements a r+adlus of IS feet and a central angle of
90 :
;hence run along said circular curve an arc distance of 23.6 feet
more or Irss to the point of Tangency (P-T-1:
Th-.nee ras_erly along the HdrtherlT line.of Sixth Street for a distance
of 209.4 ;cet more oc less to 1:he'Point of Intersection with the
easterly line of Washington Avenue:
Thence run Southcestcrly along -cold rasterly line of Washington A,enue
for a distance of 164.3 feet acmre or Iess to the point of Intersection
with the Hortherly line of a 20 foot alley, known presently as Six,:+
Street:
• Thence run Ca sterlr along the Ncmctheely line of said Sixth Street
• Car a distance of 713.7 feet amoa•e or less to,the Point of Interse,•tion
with the casterlr line of Ocean orive:
Thence Eontinue along above described, course (Hortherlr line of S xth
Sheet prolcetcd Eestcrlr} for am distance of 1400 feet sore or le:s
to a point:
Thence run Southwesterly along the line parsllel to and 16a0 feet
C0118IT 'A'
... c yr .. .a .- a 1--mot
Thence P.,n S.iut I.r•-My.f rrI r 3c wn f 700 vl th t.l.c yccvinvs c ou • se
at a dlYtanea c,C &,.o C.rct o .wre ac l.tws to a point:
T`.cnee run S�a;tivestcrly at an angle of 900 ..iLh Zhq previous cam -se
a d:st"ce of 2100 feet wore oc legs to•a point:
Thence run trestccly I1ong•the line p:.c•,jllel to c.nd 300 feet wore tc
lass South of the :torthecl li„its of eovicenment Cvt Coe a distance
Of 1900 jaet• -or* oc less to a point:
TT.enee runth...�stcr lr along the Iine parallel to and' 420 fact wore
or less South•--st of *XistLng bulkhead line (M.N_M. Unal Coe ♦ d s-
tance of 1000 C.:et .wore or less to a point:
Thence tug South..estarly•at an angle of 900 with the pecvlocs cauc%a
a distance of 9S fact .".ore or
less to i •point:
;hence run Nocthvcsterly at an angle of 90o with the previous t,wcse
• distance of SRO Ce.:t ,wore or less to a point:
Thence can t:octheastecly at an angle of 900 vLth the previous caw:se
for -a distance of 9S Ccet more or less to a point:
Thence run Nocthvcsterly along the line�para12e1 to and 420 feet.. m,xre
or less Southvesz oC existing bulkhead line (14.K.1:_ LLael for a dic-
tance•of 2S00 feet mace cc less to a point:
YThence Casterlr along the line parallel to and 17S feet• a.oce oc'. le is••
worth of the Nocth line of Sixth Street pcoduced Masterly for a dir.-
tance of 930 Coat more Cr less to the point of SegInning.
Exhibit "B"
Legal Description of the Cheezem - South Pointe
Parcel and the Ocean Parcel
F.' AM b1.EV1AX'EAMI DV14 AUR
—1. 1— (f I.-)
Legal Descrip»on of
Cheezem - South PiAnte Parcel
nc.ndcd en the Cast by Lhe Mecterly shore at Biscayne say: sounded on the Cast
ty Llr Crosion Co.strot Line, as recorded in Plat Book IDS. Pagi 62. public aecords
oC Cade Co.%Lr. rlori.ta, yid Crosion Control Line being westerly Of the Westerly
Share Line of the AC1anUe Ocean, as sold Shore Line Ls est.0tLef4d by seaeh Me -
Rowel shaenC Means: ouses.led an the South by the Southerly line of the RKorded rlat
of SOUT" 30cm rANK. Reeurded in plat. Cook 6 at ►aye 77. Public RaCerds•of Dade
County, rierida, said SouLl—Ir 1lne being the northerly line of the O01mcme-rr
xrSYRvt.T10M as recorded In O.R. Cook10Z71 at rages loGS and 1061. Public Retards
at Dade County, rioriA..: Dosu.,led the North by the northerly line of amid Sot"
6!:AC11 rARK, also L.cinq the tsoetl.erly tine of Section to. To.w.ahLp 34 South, sta..ge
42 Cast, 0-do CumnLy, rlurtda, tiCe pi-rticulacly deserLbed Ur ►arcels as Collors:
more:. 1. All of sleeks 1 U.eoulh s. Lnelus Lve. Solim DCACM PARK, Record" In
Plat Book 6 •e Page 77, rublle R"eocds of Dada County. rlorlda, and all eC Marley
J.venoe. Ocean Delve and ReLd Place, located adjacent to the osterloe boundaries
of Stocks 1 through 7, as Closed by Mouse Bill Mo. 963, dated 3/27/49. State of
rloeida, and that Parcel of Land bounded as follo..ss sounded on Cho Cast by the
erosion Control Line, as recorded le plat Book M . Page 62. Public Records of
Dade County, rloeida: Bounded ow the West by the Castecly bound.ry of sold Block
1 of aforesaid Platt oou"" d on the South by rise Southerly boun.iary at said recorJe<!
Plat oC S0V111 B A01 PARK, also being the northerly bo..ndary at the 00WClaeftw -
X=0MATIDN, as recorded Ia O.R. Book 10271 at Pages 2064 and 1069, public Retards
of *ad* County. rloridat Bounded on the north by the Southerly line of the C.M.
LLJM Property. as sl.o.,n on amid recorded plat, of Sourm svA" PARK. ontcndod rasteclr
to Lts Lacerseetion vith the
aCoeeaald Crosion Control Lino. said Southerly line
also being parallel to and 112.00 Ceet distant Southerly of the northerly tine
of Section 10. To-nahip S• South. Range 42 Gast. Cade County. Florida. Contains
14.0069 Acres, more or less.
FAA= 2: A part of C.I1, leas Property, as shows on said reeerded plat o[ SOVlIt
BCACM F/tRm Recorded iPlat Book 6 at Page 77, Public Records of Dade County,
Florida, and •parcel s et land lying Castsrly of the Castorlr line of said S0V171
sCACM PARK, and Westerly of the established Crosion Control Line, as recorded In
Plat Book 10S. Page 62. public Records of Dade County. rloridas sousded as Collws:
Bounded on the West by Collins Avenue: sounded an the worth by the "artherly line
of said S0VM SCACM MAX and its extension Casterly, said Northerly line also being
the tlorthorly line oC Section 10. To.,nshLp St South. Range 42 Cast: Bounded on
the Cate, by the Erosion Control Line. said Crosion Control Line balnq Westerly
of the Westerly al.ero of the; Atlantic Occaw, at establishad by Beach Renourislasenc
Means; Bounded on the :oath by the Southerly 1Lne of the C.M_ Lao Property, Laing
132.0
0
feet distant Soutlsarly Of. and parallel to the said Northerly line of said
Section 10, Township $• South, Range 42 Cast, clads County, rlorLda. Contains
2.$749 Acres. wore or less.
FAA= 1s A part of C.11. Lem property, as sho.n on Bald recorded plat at Sotme
sG1Clt PARK. Roa�edeC in Plat cook r'aC Page 77, public'Receeds of Dade County,
Florida. ore particularly deccrlbed as feLtesr's: Coss.ence at'the Nortbeast Corner
of the tsorthWOSC 1/4 of C.MLion 10, TC":hLp S'l South, Range a2 Cast. Thence tune
Rig 36*
the South
South 97- Right-oC-haY LS7- West, along the northerly, ILne of said Section 10. also being
iwo oC Biscayne Avenue. as shorn an the •CorL+ewCLewed
Fiat, a dLstanee at 434.4,9 Coat, more or less, to the Intersection Of the Wes[
line of Col tLws wven..e as.d tree South RIghc-oC-4ray line of said sLseayee Avenue.
to t14 Point at Beg/nninq Cr'0.s_)s Thence won South 30- 47. 2S- West, al" the
s:msc Right-ef-coy I Lne of e- &d C-i11ns A-.... a dLstaaom of 11S_SS teeC to m pslne
an the South "no of C.ts_ L...s ►roperty 132.00 Coot South of. •e CLyhC eagles to
CM Meech 1L..e eC, saiQ Section to, as shwu as the aforeswstiOnOd ptats Thewcs
run South 47a 18' S7- Weitz Pmraltel to and 131.00 Come South eC. •t right engl•s
to Cho March line er said S. ctlOe March 10, a diiun:e of 263_00 fmmtl Thence nun neetA
2- 2Theal-nce
West. • dista..of 112.00 Comic to the Morthertr line of said Section
(and s ehos7- 14• 17- Cast ale" th-s North line Of said Section 10.
Coilin_ A"enuel, a distsnee of 111.42 feet co Cho feint
of se-linnLmq (P.O.n_). Contains 13-S406 Acres. .ore er Iess.
MON. INtlsal
Ind Pw1r< OP' P:.KLL of C.N. t.� show"Prepeety, as show" en said recorded plat
Of =VrM SCACN P"K. Reew""'d in P1aC Moak i at Page 77. Puelie Rveords Of *Ada
c.mnty. Florida, awe p.r l(�tilarly described as follo-a. Cc..-amce at the Mortivaa.
eernor of the Northwest 1/4 Of Section Ia. Ta..wshlp $a South. Range 42 Last; Thane
rvn South 47' 3S''S7- we:t, a1-9 .jw Nord.erly line of said Section 10 (also belnv
tl.e So.ath RlghtbC-kly 1i1.0 of 111sC^yne Avenee) as sh.,a 0.. the afore-entioned
plat, a distance of 4=0.11 feet to Ulm Point OC eeginn(nq (P•O.S.)s T1.snce rvn
South 2- 2V 03- L.st A104.1 the Est line of Pareei 3, a distance of 112.00 Coats
T14-nee run South 07' It' i's• kvsC- Parallel to and 132.00 feet South o[; at rial.t
angles to, tho orth line oC aald Section 10. a distance of 124.S4 feet CO the
Case RlgAC-of-w.y line of Waa nl,A"VtOa Avenues Thence run North Ia- 47' 3S- Last
along the Colony Rijl.t-oC-Nay I(ae oC Washington Avenue, a distance of LIS-SS
fact. to the Northerly Iine of said SecLiow 10 (and the South Riyht-el-y.y line
of Slaeayne A"nual; Tta...t4 ts..a North 67- 34' 37- Cast, a dlslanee of 73_72 feet
to the Point of Seyinnlnq (P.0.4_1. Contalnv 0.3307 Acres, more oC less.
PARCEL 1
The Ocean Parcel
Coa=c=c (P.O.C.) at the Sourly-iste;,y corcer oEBiscayne Street (formerly Biscayne q �e:Zue) �d
Wastungtoa Avenue (shown as Miami Avc;tue on the following described Plat), as mid Street and
gvenue are shown on the SOUTIj BEACH PA-EUK SUBDIVISION recorded in Plat Boob 6, at Page
77 of the Public Records of"Earni-Dade Courrl'. Florida, thence run `North 87°38'57" I as: along the
Southerly line of Biscayuc Street as said Street is scowl on said SOUTH' BEACH: Pear{
SUBDIVISIONS Plat, a distanca of 717.266 fccr. to the Point of Be; raring (F.O.B.) of the �.crenaed
Ocean Parcel. The following 17 courses are on the dividing line bct•,ucen the Ocean i°ar:;e! read the
Mash Parcel, both within the South Pointe Parcel; thence run South 10°47'35" Wcst, a c°:yta, c- of
165.214 feat; the=- nm South 8 7 °38'57" West, a distance of 143.317 fa- ; there:- ua Soulh
62° 18'04" West a distance of 24.53 feet; ihcc- run South 27°41'56" East a distant- of 8.00
the- ran North 62° 18104" East, a distaace of 2.00 fee:; thercc run South 27°41'56" East a d:st ;•lcc
Of 38.33 feet; theac- tort" 62° 18'04" West a disance of 2.00 fee ; the:tce cur. South
East, a distartc- of 116.74 fee ; t: mac- rtm North 6Z° 18'04" HIEt, a distanca of Z7.00 fort; herlcc
South 27 4156 East a dist�:c- of l6.6 7 fee.; Cf cacc rum South 6Z° 13'04" West, a distanc of 27.G0
feetere ; there- run South 27°41'S6" East, a distance of 29.33 feet; thence run South 62 ° 1 fi'a •" W est, a
distance of 145.65 feet; Cher-,c ru„ South 27°41"i6" East, a distance of 12.00' feet; theme ,,= South
62° 13104" Ww� s distance of 27.93 feet thence rt,^ South 27°41'S6" East a distance of 43.55 i fee.;
theac_ run South 24°23""' Wert, a distance of 40.00 fee; to a point on the Sou Wly IL,,-- of the above
refererccd SOUTH HE.aC.r P.4.R.r{ S'J?DI�ZSI(DN„ said point heing the mosr Sauthwesrer'.y sorter
of the Oc= Parcel, also being ch- mast South
of the South Pointe Pare .1; theasterly comer of the MastepartPsrc:l, bath heir g part
cc ,� South 65 °36' 16" Es along the Soutt- ly bou..dary o;- tt. c said
SOUT:: REACH P��;{ SL33DiV?SION, a distamcz of 903.356 feet to an inters lion wi
Erosion Coco! Line of the gtls: is Oc-:n, said Line recorded in Plat Book !05 at _ a � "�
Public'_2e^_ords ofWlam~,-Dade Ccuat• ti ., a ,p ,� ' a g� 62, )f th,.
�, F;crida; c�.e^c• , is North 00 I510.9 East aleeg the E: asict:
Control I.:ae, a distance of 937. I,- feet to an intcscc:ioa with the Southc,y line of Biscayne
as aizown on the SOUTr. BE�:t PARK STIBDIVISION Plat; the --cc run South 87°3815'"m West,
along the said Southerly line of 3iscaync Street, a distance of 589.426 feat to the Paint of Bc,� c^irg
(P.O.B.).
LESS AND L'AI. 'DT ) r
Commence (P.O.C.) at the Southeasterly corner of Biscayne Street (formerly Biscayne A-ret uc) and
.Washington Avenue, as said Street and Avenue are shown on the SOUTH BEACH PARv
SUBDIVLSION. recorded in Plat Book 6, at page 77 of the Public Records of Miami -Dacca ountl.
Florida. and run South 10'47'35" West, along the Eastc.;iy tine of Washington Avenue, a c[is once of
6.16 feet to a point an the Southerly line of a 6.00 foot Roadway Dedication. said v=uc, tiC r warded
in Official Records Back 12566, at page 2914, of the Public R=ortis of Miami -Dade County, tlor'da;
thence run North 87°38'57" East along the Southerly line of said 6.00 foot Dedication, al Ong the
existing Southerly line of Biscayna Street, as expanded by said 6 foot Dedication, a dsr nce of
638.266 fact; thence run SouLh 10 ° 47'3 5" West, along the westerly line of Access Easetn .nt Parcel
per Official Records Book 15370, at page 380. of the Public Retards of Miami -Dade Couar,,
a distance of 159.05 feet; thcnc,. ° .1 Zor"da,
�n South 87 3H 57 Wes along the southerly Line of Master Parcel
Iufra--zructure for a distanc: of 35.82 feet to the Point of Be
described parcel of land; the follo 8zng (P 0 B j of the h.re i,Za."er,
wing 5 cou:-3cs being along the exterior boundary of ?y,.ASF f
REMA MER per Official R,- ,'zrcis Book 15947, at page 2- 75, of the Public Records of Mint . _Dade
County, FIor'da, (1) thence continue South 87°38'57" West, for a disance of 29.00 feet; (2) hence
run South 62' 18' 04" West for a distance of 24.53 feet; (3); thence tun South 270 4115611 Ew t for a
distance of 18.00 feet; (4); thenc- curt North 62° 18' 04" East for a distance of 2.00 feet; (5); he:zc-
run South 27' 41' S6" East for a distance of 30.00 fear, thence Hirt North 26° 10' 10" Eas
distance af60.35 feet to the Point afBce for z
ginning (P.O.B.)
PARCEL 2
The Easement Property
Commence (P.O.C.) at the Southeasterly come: of Biscayne Street (formerly Biscayne Avc:rue) mad
Washington Avenue, as said Stre-t and Avenue are shown on the SOUTH BEACH P'A:U<
SUBDIVISION, recorded in Plat Book 6, at page 77 of the Public Records of Miami -Dade Cc unt-f,
Florida, and tun South 10°47'35" West, along
6.16 feet to a paint on the Souther, of
line of a 6.00 efoot Roadway Dedication, said Dedicoa ation, tea rded
in Official Records Book 12566, at page 2914, ofthe Public Records ofMiami-Dade County, Flr rids;
chore run North 87'38'57" East along the Southerly line of said 6.00 foal Dedication, alcn@, the
existing Southerly line of Biscayne Street. as expanded by said 6 foot Dedication, a distanc. of
638.266 f=t to the Point ofBegi ning (p.O.B.) of the Easement Property; thence run. South 10'47 35"
West, a distance of 159.054 f=t,- thence nm North 87°3817" East, a disraaca of 79.00 feet; tha,tce nor
North 10'4715" East, a distmca of t65.214 feet to the original Southerly line of Biscayne St -eat
(formerly Biscayua Aveure); theare run South 87'38'57" West, along the original South,edy lint of
Biscayne Street, a distanca of 3.556 feat; thence tun South 10'47'35" West; along the Easterly ine
of the said 6.00 foot Dedication. said Dedication recorded in Official Records Boost 12566, at p ige
29I4 of the Public Records of Miami -Dade County, Florida, a distance of 6.16 feet to the
Southeasterly corner of said Dedication; thence run. South 87°38'57" West along the Souther `y ine
of said Dedication, a diatanca of 75.444 feet to the Point of Beginning (P.O.B.)
PARCEL 3 7)
PARCEL 3 BEING A PORTION OF COMNmRCIAL PARCEL NO.2
Commence (P.O.C.) at the Southeasterly corer of Biscayne Strect (formerly Biscayne ttvc nue) and
Washington Avenue, as said Street and Avcaue are shown on the SOUTri BEA.C1 i PAR.{
SUBDIVISION. recorded in Plat Soak 6, at page 77 of the Public Records of Miami-D idt County,
Florida, and tun South 10'4735" West, along the Easterly line of Washington Avenue, a, di =,ante of
6.16 feet to a point on the Southerly lint of a 6.00 foot Roadway Dedication, said Dedi=cc cccardcd
in Official Records Book I2566, at page 2914, of the Public Records ofLfiami-Dada Cou;,ry, Florida;
thence run North 87°38'57" East alang the Southerly line of said 6.00 foot Dedication, r:.leng Li c
existing Southerly line of Biscayne Strict, as expanded by said 6 foot Dedication, a di nonce of
638.266 feet to the Point of 3egir ring (P.O.B.) of the he.-ai aft_-; described parcel of land; d tint_- rl,-i
South I004735" West, along the Ov erly lire of Arc= per 0fficial Records Back 5370, at
page 380, of the Public R.-cards of .,fiarsi_DaGe County, F, or.'ds, a distance of 70.93 feet; cb, mere r:r.
South 87°38'57" Wit, along the southerly line of Comrrcrc-31 Parc-1 Na..2 per Of5c;al Rrcor s:
Book 15947. at page 2575, of tl-.c ?ublic Rccor'..s aflVfiatai-Dade County, Florida, a dista=ice of 55.36
feet; thence run North 02°21'03" West, a distance of 69.07 feet to a point on the Souther!}• U :e of Late
6.00 foot Roadway Dedication; heat- tun North 87°38'57" East, along the existing So al .r';f li c
of Biscayne Street, a distance of 71.99 feet to the Point ofieginning
PARCEL 4
PARCEL 4 BEIIvG A POR -10N OF ivt.-kS i cR P ARCEL D iFRASTRUCTLURF
Cotnmenca (P.O.C.) at the Southcasterty corn. of Biscayne Street (formerly Biscayne Ave:� and
Washington Avenue, as said S4ect and Avenue are shown on- the SOUTH BEACE I.A1'{
SUBDMSION, recorded in plat gook 6, at page 77 of the Public Records of Miami-D&:ia ,
Florida, and run South 10 °473 5" West, along the Easterly lire of Washington Avenue, a ails ;a.^we o f
6.16 feet to a point on the Southcr:y line of a 6.00 foot Roadway Dedication, said Dedicatioa recorded
in Official Records Book 12566, at page 2914, of the Public Recatds of Miami -Dade Couz:y, Florida,
thence tun North 87'38'57" East along the Southerly line of said 6.00 foot Dedication, a: or.9 the
existing Southerly lino of Biscayne Street, as expanded by said 6 foot Dedica;doa, a disc :.era of
638266 Feet; thence nm South !0'37,35" West, along the westerly line of Access Fame! par (:)fecal
Records Book I5370, at page 380, of the Public Records of NCmmi-Dade County, Flanda. i d:s'.ance
of 70.93 feett to the Painr of Hem=g (10.0.3.) of the hereinafter describcd parcel of laz:d, ice
continue South 10'47'35" Weer for a distant: of 88.12 feet, tE=:-- run South 87038'57" Wear„ along
the southerly line of Maate; ?site! Infrastructure for a distance of 35.82 fee,-- therca nun, North
02°21'03" West, a distanca of 85.82 feet; thence run North 87'38'57" East, a distance of :Ii5.16 feet
to the Point of Beginning (P.O.,S)
PARCEL 5
Non -Exclusive right, privilege and easerti=t to the use arm benefit of the Following ci-.�s.�:oe'?
property for filed
and vehie7.i M&.= decal eg = as deaned in, and subject to, that D<.� .radon
of Harem- Da filed August 5, ids 7 in Ot35cia1 R-:..ards Book 13368, Page 2779, of die Public: R cards
of Miami -Dade County, Florida,
The South Road E-scrnent A..= is legally described as follows: A part of Blacks 3 and .,1, !
Avenue, Collins Avenue and L�lct Boulevard, all as shown on the SOUTri BEACIr
SUBDIVISION recorded is Pis, Hack 6, at ?age 77, of the ?Ublic Records of Miami -Dade C, ,'.mty,
Florida, mor- particularly dcsczbed as follows:
Commence at the intersection of the Southerly line of SOUTH BEACH PARK SU31: IVISION,
recorded in Plat Book 6, at Page 77, of the Public Records of Miami -Dade County, FIorii :a, and the
Easterly Right -of -Way line of Washington avcauc (shown on the referenced Plat as Miaa i Avenue)
and tua South 65° 35' 12" East, along the Southerly line of SOUTH BEACH PARK SU'BL IVISION,
a distance of 16.00 feet The following two (2) courses are on the said southerly line; T hence run
South 65' 36' 16" Eas4 a distance of 203.12 feet to the Point ofBeginning (P.O.B.). Theme, run South
65" 36' 16" East, it distance of 352.64 feet; Thcice run Notch 24° 23' 44" East, a distEalc e of 40.00
feet; Vence tun Notch 654 36' 16" West, a distance of 352.64 feet; Th=c run South 2 V° 23' 44"
West, a distance of 40.00 feet to the point of Heyinning (P.0.9.). „
PARCEL B
Begin at the intersection of the Southerly line of SOUTri BEACH PARRK SUBDIVISIC�N and the
Easterly Right -of -Way line of Washington Avenue (formcriy shown on said Renard Plat as Ifl=i
Avenue) and run South 65' 35' 12" East, along the Southerly line of SOUTH BE.AC'H PA-p-
SUBDIVISION, a distance of ld.00 feet; Thence continue along said Southerly line Souta 6S° 36,161,
East, a distanco of 203.12 fee;; Thence run North 24' 23' 44" East, a distance of 40.00 fee z; Theaco
run North 2V 41' 56" West, a distance of 2935 fmc,, Thence run South 624 i9' 04" Weft, ,l distance
of 22.85 feet; Thence run North 65Q 36' 16" West, a dis•..aaca of 165.92 fee; Thence rt= ; 4orth 65"
35' 12" West, a distance of 35.11 feet to a point on the Eastc:iy Right -of --Way line of W 3shiag:on
Avenue; Thence run South 10" 473511 West, along said E=tcrly Right -of -Way line, a distar = of 4.12
feet; Thence continue atcag said Easterly Right-0: =Way line South 2° 2l' 03" East, a dista.nc of 40.31
feet to the Point of Beginning (P.O.S.).
PARCEL6
Rcstdctive Covenant concerning the following di:scnbed property, as dcdncd in and subie';t to, that
FAR Assignment Ag-c=art filed April 8, 1998„ in 01Fc:31 Records Book 18053, page:: S. 7, of the
Public Records of Miami -Dade County, Florida.
Commence (P.O.C.) at the Southeagteriy corner o:f Biscsyae Street (formerly Biscayne ?.ve ane) and
Washington Avenue, as said Storer and Avenue are shown on the SOUTH BEACF : PARK
SUBDIVISION, nno ded in Plat Book 6, at page 17 of the Public Records of Dade Courl: , Florida,
and tun South 10°4735" Wen, along the Easterly line of Washingtoa Avenue, IL distance of 5.16 feet
to a point on the Southerly lino of existing Biacayne St.% as said line was --rated by a co.00 foot
Roadway Dedication, said Dedication rwxxded in OSicial R cords Book 12566, at page :11.914, of the
Public R-rotds OfVlami-Dada Cotmty, Florida, s,ud point being the Point ofBegrnning (P OJ3.) of
Commercial Parcel No. 1; thence run North 87° 38' S7" East, along the Sotuhaly lint of said
dedication, along the existing Southerly line Of Biscayne St —-et, a distance of 291.65 feet; th sca run
South 10 ° 47 35" West for a distanca of 63.1 1fee..; thence run North 79 ° 12' 25" West fo:c a 3istsacc
of 6.40 feet; thecae rum South 57- 38.57" West for a distance of 249.018 fact; thence tun,. S(:)uth 62
18' 04" West for a distance of 44 g65 feet to a paint on the Easterly line of aforesaid W&Iington
Avenue; cheat-- tun North 10' 47' 35" East, along the Eastrly line of Washington Avenue, a distance
of 81.34 feet to the Point of Beginning (P 0 B )
LESS AND EXCEPT' ANY encroachments o c the above-descr'bed Property caused by the
constzii,ction of the existing Porrogao Tower, a Co:Tdomini=, ac-ording to the Declaration thereof
recorded in Official Records Bank 17405 at Page 2757 of the c?sblic Records ofMiarni-Dade County,
Florida. '
Exhibit "C"
PS - Performance Standard Zoning District
F:`ArM1 1El 1. OCEAM I9 DV 14 AGR
M 1�2.M(]:24M)
ORDINANCE NO: !f�-?t7,
AN ORDINANCE_ AMENDING Tt1E ZONING ORDINANCE OF MIAMI
SCACH. FLORIDA (ORDINANCE Nt). lilt, AS AMEND CO) BY
OCLCTINC T1ICRCrrOM IN ITS CPITIRCTY SECTION 22-10 --
INTERIM. OEVCLOPMCNT DISTRICT' AND CLIMINATIN47" THE
OESICNATION OF SAME ON THE C11Y OF MIAMI BEACH ZONINC
OISTRICT AIAP AND BY MAKING SUCH OTHER CHANCES AS ARE
NCCESSAR'Y TO rRINC TIME ZONING ORDINANCE INTO
CONFORMANCC %*ITH• THE NEW PCRMANCNT ZONING FOR
SOUTH SHORE. AS ESTAOLISHCD H[R£1N; BY ADOPTING A NEW
SECTION 22 TO BE TITLED: 'PS - PERFORMANCE STANDARD
DISTRICT' AND 16%APPINC SAME ON THE CITY OF MIAMI BEACH
ZONING DISTRICT MAID IN OROER TO REGULATE DEVELOPMENT
AND REDCVCLOPMENT IN THE DISTRICT IN CONFORMITY WITH
THC SOUTH SJIORE REVITALIZATION STRATEGY (fESRUARY.
1996). A REDEVELOPMCNT PLAN ADOPTED BY THE CITY
COMMISSION PVt•.SUANT TO THE COMMUNITY REDEVELOPMENT
ACT (FS. § § 163.330 ET SEQ } AND AS THE REDEVELOPMENT
ELEMENT OF TttC CITY COMPREHENSIVE PLAN PURSUANT TO
THE LOCAL COVERNI,tENT COMPREHENSIVE PLANNING ACT OF
1971 CFS.g 167.7I4.1 ET SEO } SY PtIOVIDINC FOR TliZ REPEAL
OF ORDINANCES IN CONFLICT HERErTH; BY PROVIDING FOR
SCVCr.ABILITY; AND SY PROVtO1NC AN.EFFECTIVE DATE.
WHCREAS. the City of Miami Beach. Florida (hereinafter 'City') Is a home rule
charter City pursuant to Art. Vlli. § !(f). l(g) +,nd 2(b) of the Florida Constitution, the
Municipal Home Rule Posers Act (F.S. Ch. l66 (1973)) and the Miami Beach City Charter.
and has all 'governmental. Corporate and prop-tetary, powers to enable It to conduct
municipal government perform municipal functiont and render municipal services. Incl ins
the authority to 'adopt and enforce comprehensive plans, zoning ordinantas and othcr
necessarr land toe control measures; and ir
WMEREAS, the City is authorized +ind required by the Local. Government
Comprehensive Ptann ng Act of 1173. as amended, to prepare. adopt. amend, as necessary.
and implement a Comprehensive Plan; and
WHEREAS. the Local Covernment Comprehensive Planning Act specifically
provides that a redevelopment plan may be an elcment of the Comprehensive Plan (FS., §
163.3177(7)0%). and
WHEREAS. the City is authorized by the Community Redevelopment Act. as
amended, to prepare, adopt. amend. as necessary. and implement a community
redevelopment plan; and
WHEr.EAS. the City Itas adopted th.t Miami beach Comprehensive Plan on
August 20. 11110. pursuant to the local Covernment Comprchensive Planning Act. which
Comprehensive Plan incorporated by reference the South Shore Redevelopment Plan adopted
on starch 2, 1177 and a.nended on April 23. 1771 by the City; and
WHEREAS. the City amended the Redevelopment plan element of the
Comprehensive Plan on Mar 3. 1792 with the adoption of an Amended and Restated
redevelopment Man for the South Shore redevelolxnent Project; and
W11CRCAS. the City •adopted an Interim Development Control ordinance
(Ordinance No. S3-i)33) on January 3. 1113. repijtcing the RU-Redevelopment Use Oistrict
applicable to the South (teach Redevelopment Area in order to regulate and restrict
development in the area (or an interim' period, but not to exceed one (1) year. pending
adoption of a new redevetoptnent plan and new permanent zoning for the area; and -
WHEREAS. the City extended the lntccint Development Control Ordinance for an
additional period not to exceed six (6) months all January 13. 1l1a and for an additional
period not to exceed (our (a) months on July 1% 11&% to terminate on November I3.
and
. WHEREAS. the City. pursuant to Proper notice and public hearings In accordance
with the Community Redevelopment Act and the local Government Comprehensive
Planning -Act. and -with the recommendation of the Ptanning board and the Redevelopment
Agency pursuant to law. has adopted the South Shore revitatlzation Strategy (February
llEa) as the City s Redevelopment Plan for Soutlt Shore and as the redevelopment element
of the City Comprehensive Plan. and
WHEREAS. the South Shore Revitaliution Strategy (February tlSal specifies
land uses. densities and other planning and design criteria for development and
redevelopment in the South Shore area; and
WHEREAS. the 'PS _ Performance Standard District- establishes regulations
Consistent with and in furtherance of the redevelopment element and the goats. obiettives
• and policies thereof; and
WHEREAS. the Miami beach Planning. board has held public hearings on the PS
Performance Standard District an May 22. Ilia. June •, 119% and June 26. tlS4p. giving due
public notice thereat. and has submitted ill recommendations thereon to the City
Commission;
V11ERCAS. the aliami beach City Commission has held public hearings on the PS
Performance Standard District on September :. tlta and September t7. 1194, giving due
public notice thereof. has heard various continents from the public. has reviewed the
proposed Zoning district and has made tindingt rlrlative to the consistency of the toning and
the City Comprehensive Plan and Redevelopmenr. Plan.
NOW. TtlE:CfORE. EE IT ORO.4INF0 pY THE OOAf:O OF TIIE Ctrt,
CO.AmISSION OF THE CITY OF MIAMI CCACH. FLORIDAa
SCCTION 1. The Zoning Ordinance of the City of Miami ffeaCh, Florida (Of dinunce
rlo. 1111. as amended) shall be amended as folio,rs:
(a) by deleting therefrom in its entirety :iection 22-10, interim Oevelopment Distri„t
and eliminating the desiGnation of same on the City of Miami peach Zoning District µsp and
substituting a new Section 22 to be titled'PS - Performance Standard District' and mappLtg
same on the Citj of Miami OeaCh O:strict Map;
(b) by eliminating from .the City of btiarni OeaCti Zoning OistriCt Map as established
by Section %-2. the designations RAt-6n, RM-100, C-1. C-3 and C-6 in the designated South
Shore redevelopment area;
(c) by eliminating from the City of Miami Dcach MYISI-Famlly Zoning Area Oistr'ct
Map (for Front and Rear Yard SctbaCk). as est,ibilshed by Section 9.3, the designations •„ 1
and 10 in the designated South .Shore redevc aliment area and substituting therefore the
following language on said map: 'See Seetian 2Z - pS - performance Standard, District -
regula tions.'
(d) by adding to Section 23-2A a new suliieCtion • as folt"U
'1. any use. structure or building located within a designated redevelopm-:nt
area:
(e) by amending Section 27-TA by adding thereto anew subsection (3) to read as
follows:
'3. Facilities shall not be located In, any designated redevelopment area.'
(1) by adding to Section 23-3A a new subsection 3 as follows:
J. R-PS t-♦ Masidential - performance Standards Olstrict.'
(g)
by adding to Section 1.1-2 new suburCtlons t and 3 as fotlowa
'I. S1CNS MR&UTTEO IN THE R-PS t-a DISTRICTS
OETACItEC
ZONING AWNING/
pft0]ECTtNG
(POLE-f"YL ON)
DISTRICT
NOTES MARQUEE FLAT
R-PS (
l3 sq. l3 sq. not permitted
not perntitt:d
fL-p5 2
it. it.
It -PS 3
A6Lrerptc 13 sq. 60 sq. not permitted
not pCrnniccd .
3
It-[ S • Sign Area
a0 sq. ftJ
I W of street
frontage
'3. SICNS PF_rtt(TTCn IN Till! C-f S 1-1 01STRICTS
:ONINC
OCTACHEO
DISTRICT NOTES . - UARQt10E
` FLAT
PRO3ECTINC
(POLE -PYLON)
C-PS 1
13 sq.
10%0f
20 sq. It.
not permitted
it.
wall
40 sq.
ft. max.
C-PS 2
Aggregate 13 sq.
13% of
20 sq. ft.
20 sq. it.
Sign Area ft.
wait
'
150 sq. ftJ
70 sq.
100' of street
[t. matt.
frontage
C-PS 3
Aggregate 13 sq.
Sign Area ft.
wall
200 sq. fiJ
100 sq.
IOW of street
[L. max.
frontage
(h)
by adding to Section 7-3 new subsections E wid F as follows:
It -PS I-• ACCCSSOr.Y
Permitted accessory uses shall inelud: those listed In Sections 7-3A and 5 of this
Ordinance provided. howe.refs that such aCCCssorr uses shalt: (1) be designed prineipallr
to accommodate and serve the residentsfoecupants of the principal use; (2) have limited
aeeessibilitr to the general PubIIC (3) be of a slse and character consistent with the
needs of the residents/oehtPants of the principal use; (a) meet any not increased the
parking rem4rements necessitated by such Yea weeds of the devefoprwenq (3) not
require additional ioad;nt facilities; and (4,3 not cause the need for am variance In
• minimum required yards. heights setbaCks bulks tsarkings loading, close area ratios open
space ratio. or other requirements of this OrjrsnanCe-
-F. C-PS I-) ACCESSORY -
Permitted aeeessorr uses shalt inetude those listed in Section 7-3C of this
Ordinance for non-residential principal uses ,snd those listed in Sections 7-3A and 5. as
a
modified by section 7-3E of this Ordinance. for residential principal uses. ACC,!sse ry
uses in a mixed use development shall be subject to the requirements for residrnt at
Principal uses if 25% or more of the total area of the building is used for d.elU ng
Purposes and to the requirements for non-residential principal uses it less than 2f--6 of
the total area of the building is used for dwelling purposes '
SECTION 2. The Zoning Ordinance of the City of Miami Seacti. Florida (Ordinance t o.
lilt, as amended) shall be further amended by adopting a ne`+ Section 22 to_be titled -P; -
PERFORAIANCE" STANOAM0 01STRICT- by establishing said district and by including same an
the listing of districts in Section I#-tA and Section 21-2 of the _oning Ordinance and by msppl sg
same on the City of Aliami Reach Zoning Oistrict Map pursuant to Section 4-2-
SECTION 3. The ne— Section 22 -'PS - Performance Standard District' shall comist of
the following provisions:
Section 22-1. Short Title
This Ordinance shall be known and cited as the 'Performance Standard Oistr tr'
Ordinance*( Miami Uach rlorida
Section 22-2. pefi� W .
A. For the purposes of this Ordinance. words and terms used herein are defined in
Section 3 of the Miami lkath Zoning Ordinance. -
S- In addition, at used in this section, the following Words and terms shall have t to
following meaning, unless another meaning is plainly intended:
(U APPLICANT means any person. Including a governmental agency. seeking ;o
undertake any development as defined herein.
(2) AREA or PLAN AREA means the area included within the boundaries of t 1e
South Shore Redevelopment isroiect as established pursuant to Fla. Stat. § 163.330 et seg. and as
specified in the Redevelopment Plan.
(3) SUII.OINC Ptfth(fT means a permit issued by the designated Suilding Official Of
authorised agency or department of the City which allows a building or structure to be erccle d.
constructed, altered, moved. converted, extended. enlarged or used, for any purpose, in
conformity With applicable City Codes and Ordinances.
00 CITY means the City of Miami Seach. Florida.
(3) CITY C0mAAjSS(0N means the City Commission of the City'*( Miami Reach.
Florida. the governing body of the City.
'� 3
(0 COWAUNtTY RC0ErEL0r'v1ENT AGENCY OF 1969 meant and refers
Community redevelopment law. Fla. Stat. §167.)]0 er aea.
(7) C_O\t\IUNITY RCOEVCLOPMENT AGENCY or ACENCY means he
Redevelopment Agency of the City of %t;amI Usch. Ftorida, a public agency Created pursuant to
Fla. Stat.516).])0 et seg.
(S) OESIGr REVICW means the process and includes the requirements as set (rtttl in
Section Z1 of the Zoning Ordinance.
(9) DEVCLOPMENT means the undertaking of any building or construction. int°lueng
new Construction. rehabilitation. renovation or redevelopment. the making of any, m,ste ial
Changes in the use or appearance of property of structures. the subdivision of land, or any otter
action for Which development approval is necessary.
(0) OC`rELOPMCNT AGREEMENT means and refers to an agrcement entered inte by
the City and the Property Owner with respect to the project. by which the development. I.se.
timing. Capital improvements and other elements of the project may be spedifled.
(11) OCVCLOPtiICNT APPROVAL includes any toning, rezoning. eonditiou+l i se;'
special exception, variance or subdivision approvalt or any other official action of It cal
government having the effect of approving the development of land.
(17) 0VTLOPuENT R1CH'TS means and refers to the equivalent number of d,wel ing
units per acre calculated as the difference between 60 dwelling units per acre and the nurrbei of
dwelling units per acre for which development approval is being sought by the applic,.,nt;
development rights are transferable to properties in the receiving area only.
(13) MIA\tl ISCACH PROPERTY MAINTENANCE STANOARDS means and refer to
Chapter 175 of the Miami flcach City Code, as amended.
(141) OPEN SPACE RATIO means and refers to a percentage calculated as the ,are of
open space, including required yards, at grade to the gross lot area of a parcel.
031 PERrORstANCE STANOARO USE means any development in the P'i -
Performance Standard District (or which a building permit or development approval is requl ed.
and, which use is permissible as of right or by Conditional use in the PS district.
(t6) PRO]CCT means the performance standard use or development for 4"hith +
development approval is being sought by the applicant.
(I7) P.tOf`ERTY OWNER means the person or persons having a legal or equitable
interest in real propertT, including property that is the subject of a development agreement, and
includes the property owncr•t successor in interest.
6
(Is) RCOEVELOf MCNT PLAN means tl,e South Shore Revitalisation Strate�r
prepared pursuant to Fla. Slat. g1(63.330 et se=., adopted by the City Commission on February I ).
173b. and constituting the redevelop -went Plan law the area as well as the redevelopment clemcn
of the City Comprehensive Plan_
(ly) SITE PLAM means a plan meeting each of the requirements as set forth in
Section 140-3 and Z) of the Zoning Ordinance- -
(Z0) SITE PLAN APPROVAL means final approval by the properly designated City
agency. department or official pursuant to the procedure set forth in Section 7 or 23 of the Zoning
OrdinanCe. -
(Zl) SOUTH FLOP.IOA OUILOINC COOE means Chapter S. Sections E-1 through 2-4
of the City Code, as amended.
(22) SUOSTANTIAL f:CNA011L1TATION means the eYpendlture of funds in an amount
not less -than 30% of the assessed valuation of the subject property for the reconstruction and
improvement of buildings, accessory uses and structures; for the construction w Improvement of
parking and a space; and for site development, that will result in such project then n+eeiing air. -
applicable performance standards and requirements of this Ordinanee-
(23) ZONIMC OISTRICT MAP means the City of Miami [Sea<h Zoning District Map as
amended. dated and signed by the stayor and City Clerk of the City of Miami Beach, upon
adoption.
(21k) ZONINC ORDINANCE means the City of Miami Beath Zonin= Ordnance,
Ordinance No- It91. as amended.
Section ZZ-3. Establishment of District and Divisions
The PS - Performance Standard District Is hereby established as show" an the map
designated as the City. of Aliami Beach Zoning District Map. The PS district generally Consists of
all privately-0wned .land in the South Shore Redevelopment area and Consists of two divisions:.+
Residential-Perteirwan<e Standard (R_PS) district and a Commercial -Performance Standard (C••
PS) district. each of which is further subdivided based upon the .type and density or intensity of
permitted uses.
Section ZZ-a. District Pt+rnose and Subdistrict&
A. Residential -Performance Standards. The residential -performance standard t
• district is designed so accommodate a broad spectrum of rmedium-low- to high density residential
development including townVsomes and multiple -family development pursuant to 'performanC-r
standards' which shalt control the permissible .type and density of residential development.
Performance standards development will
allowr for modification of Certain Individual lot
requirements, greater flexibility, particularly for large -state development. and incentives tar
provision of certain amenities and for conformance with specified objectives. thereby encouraging
2
more flexible and innovative desil:n and dc�cloprneni. in oCCordanCe vittn the coals and'obieetivcs
Of the Comprehensive PUri and the Redevelopment Plan_
In order to adequately and properly, distinguiss between permissible types and densities sf
residential do+elo7rnent in the Redevelopment Atea, the Residential-Per(ormance standards
district is further divided into the following s,bd;strid;ts:
R-PS l Medium -Low Oenaty
it -PS 2 Aledium, Density
2-PS 3 Medium - High Oer %icy
R-PS • High Density,
3. Commercial Performance Standard i. The Commercial -Performance Standard's
district is designed to accommodate a range of business. Commercial. office and hotel uses, as
well as Tedium to high density residential develolvnent pursuant to 'performannce standards'
which shall control the permissible type, densir, or Intensity, and mix of development.
Performance standards development will alloy for modification of certain individual tot
requirementse greater flexibility. particularly for Isrge-scale development and Incentives for _
provision of certain amenities and for Conformance with specified objectivesg thereby eneouragin;�
more flexible and Innovative design and development in accordanCe with the goals and objectives
of the Comprehensive Plan and the Redevelopment Pi ►n.
In order to adequately and properly distinguish between types, densities and intensities o;'
uses and mix of permittei development in the Redevelopment Area. the Commercial -Performance _
Standards district is divided into the foliowing.sub- '1s, riots:
C-PSI
Limited Mixed -use I:omcnerClal
C-PS2
Ceneral Mixed -use Iommercial
C-PS3
Intensive Mixed -use Commercial
Section 22-3. Use Reirul_ atio..
A. Uses Permitted d
It-4—ht. Uses Permitted by Conditional Use Permit and Uses
Not Permitted. No building, structure or land sha it be used or occupied except as a main
permitted use. a conditional use. or an accessory use to a main permitted use, in accordance with
the Table of Permitted Uses. A use in any, district denoted by the letter 'P' is a use permitted by
right in such district or subdistrict. provided that all requirements and performance standards
applicable to such uses have been met. A use In any, district denoted by the letter "C' is
permissible as a Conditional use in such district or stutdistriet, provided that all requirements and
perforn.anee standards applicable to such use have bee -it met and provided that all requirements of
Section 7 of the Zoning OrdinanCe have been met. 1 use in any district denoted by the letter'N'
is not permitted in such district or subdistrict. Uses permitted by right. as a Conditional use, or as
Sri accessory use shalt be subject to all use regulaiions and performance standards Contained
herein and to such other regvtations as may be app6cat4c, including site plan review and/oe design
review. Uses not listed in the Table of Permitted Uses are not permitted In the district or
subdistrict. No use is Permitted on a parCel, whether listed by right, as a Conditional use or as an
accessary use in such district, unless it can be located on such parcel In cull compliance with all o
the performance standards and other requirements of the Zoning Ordinance applicable to th,
specific use and parcel in question,
0. Table of Permitted Uses
Iiittricts and Subdistricts
Ceneraf Residentiat_Performanee COTTerCla l-Per(or manCe
Use Category Standards Standards
R-PS 1 R-PS 2 M-PS ) it -PS a C-PS t C-PS 2 C-I''S
A. residential P P p Is P P P
S. hotel/Motel N N C P C P P
C. Commercial N N N N P P P
O. Of five N N N N P P P
E. institutional P P p P p p p
F. Accessory P Is p p P P P
Legend
P - Main Permitted Use
C - Co"tio'nal Use
N - Not Permitted
C. General Use Catecories '
I. Rest_ 'dential; includes single-family dwelling, two-family dwelling. multi-tami,!y
dwelling, townhouse, group home, apartment building.
2. Hotel/Motet; includes hotel. motel, and apartment hotel.
3. Contmereiat: includes retail sales, personal services. restaurants. theacr;,
clinics, clubs and similar uses.
•. Offices: includes professional, business. medical. laboratory. research. ar d
similar office uses.
i. Institutional:
� includes public buildings and uses. public utilities, pert sCfie'a,
educational and phitanthropie uses. museums. religious institutions, pubfie recreation, and ath zr
similar uses.
G. Accessorr
--�._.. as defined in Section 3-ZA.2 and subject to the regulado,•s if
Section y-) of this ordinance.
O. Non-Con(Qen,;n Utes Cott and S:ru<turet
(I) APPIiCability, Non_
--�.� conforming uses, lots and structures shall be subject tit tl e
regulations Contained in Section t2 of this Ordinance and the additional and supplemrntnl
regulations prescribed herein,
(21 Supple ... ental regulations As To Non-Conformine Structures.
(a) Any structure in existence In the PS district as of the effective date of th s
Section that is non -Conforming as to height, area, yard, bulk, setback, open space ratio, floor art a
ratio, parking, loading, or floor area per unit may be maintained.
(b) If such non -Conforming structure has been Cited by the Dade County Unsa e
Structures Board, the owners chap bring the structure into Conformance with the applicable (odds
within the time period sl+ecified by the Dade County Unsafe Structures Board. If it is not brcu6h t
into Compliance with in said time period, the building shall not ♦gain be used except in Compliance
with the Zoning regulations of the PS district.
(C) It suCh non -conforming structure is unused as of the effective date of th s
ordinance and either (1) has rernsined idle or unused for a Continuous period of six (6) months. or (�
has retrained idle or unused for eighteen (13) months during any three (3) year period whether or, tart
the equipment or fixtures are removed, the structure shall not again be used except in Cantor, nit r
with the regulations of the PS distriCt_
(d) .11 such non -conforming structure has been damaged by any, cause whatevrr t s
the extent o(.more than fifty (30%) percent of the County tax -assessed value of the building, it ha 1
not be restored except in Conformity, with the regulations of the PS district. If a building it
damaged by less than fifty 30% of the tax -assessed value, it may be repaired and used as before th
time of damage, provided that such repairs or reconstruction be substantially completed withi t
twelve (12) months of the date of such damage; provided that such repairs or rehabilitation resu,t i n
such structure meeting all applicable standards of the Miami Beach Property Maintenance Standsed
• and the South Florida Building Coda••and provided that such structure meets the minimum floor .nre
per unit and minimum average floorarea per unit requirements of the PS district.
(e) Suople'nental Retulations As To Rehabilitation of Non-Con(orrsin
Structures- Except as provided above, no building or other permits) shall be issued by the City to
repair or rehabilitation of an existing non{onforming structure for residential use G) where the :as
of such repair or rehabilitation is less than fifty (30%) percent of the assessed valuation of th
structure or filly (30?1) Percent of the replacement value as determined by the Oade County Ta t
Appraisorr whichever is greater. After such repair or rehabilitation, the structure will then meet al I
applicable standards of the. Miami Beach Property Maintenance Standards and the South Florid .I
Building Code as deter.nined by an on -site inspection and no other building or City, permit (or repai •
or rehabilitation has been issued during the preceding calendar year, and (N) where the Cost of °we
repair of rehabilitation is equal to or greater than fifty (30%) percent of the assessed valuatias o'
the structure or fifty (30%) percent of the replacement value as determined by the Oade County Ta
Appraisoe, whichever is (greater, after such repair or rehabilitation, the structure will then mee: a':
applicable standards of the Atiami 0e3ch Property Maintenance Standards and the South Florid,
Building Code as determined by an on -cite inspection- not less than eighty-five (15%) percent o' a;'l
• t0
dwclting units in the struCture(s) shalt have a rninimum gross floor area of not less than.730 tq-,If
leer and not more than lifteen (t5%) percent of the dwelling units in the structures) shall ha+e +
minimum goat floor area of not less than %00 square feet, unless a variance Is granted purswr•t t s
Section 13 of this Ordinance.
SECTION ZZ-G Performance Standard Refutations
A. General Reyuirement. No building, structure or land shall be used or occopie i
eseept in Conformance With the performance. standards applicable to the use and.subdistrict an It t
forth in the applicable Table of Performance Standards. The purpose of the performance stancar(s
is: to provide detailed reLulations b'y means of minimum criteria Which must be met by all uses f%
order to ensure development Consistent With the goals and obiectives of the Comprehensive Plar ar d
the Redevelopment Man; to protect the integrity of the Comprehensive Plan and the redeveloprner t
Ptan and the relationships between uses and densities that are essential to the viability of the Plain
and the redevelopment of South Shore; and to promote and protect the public health, safety„ and
general Welfare by requiring all development to be Consistent. With the land use. circulation and
amenities Components of the redevelopment element of the Comprehensive Plan and the capit`.1
improvements progrim for the area.
All minimum performance standards applicable to a given use and subdistrict mu A
be met, unless a variance is granted pursuant to Section 13 of this Ordinance-
B. Table of residential Performance Standards
TABLE OF ACSIOENTIA . PERFORMANCE STANDARDS
residential Subdistricts
Performance Standard _ R-PSI r-P52 R-PS3 R-PSa
1. Minimum Lot Area 10.000 10,000 10.000 10,000
sq.ft- sq.ft. sq.ft. sq.ft.
Z, Minimum Lot Width too ft. too it. too ft. 100 ft.
3. ftequired Open Space .69 .Gj .70
Ratio
•. Maximum Building 30 410 g0 None
Neigh Gn feet)
• (essctu&ng enclosed
parking)' for parcels
less than 40.000 square
left
j. Atat;mum Building Go 60 90 None
IF
"eight (in feet)
•
(e'Icluding enclosed
parking)* for Parcels
l'
of 0.000 square feet
or Mery
G.
Maximum FAR
-73 l.9 I.z1 �f.3
(without bonus)
.
7.
Maximum FAr, '
1.s. 1.71 2.00 , 2.23
(with bonus)
S.
Ninimum Floor
730 600 300 a00
Area Per Dwelling
Unit (in square feet)
�-
Minimum Average
1000 100 S00 730
Floor Area Per
-
• Oweiling Unit
(in square feet)
10.
Minimum Floor
N.A. N.A. 600 too
Area Per Sleeping
Unit Cu+ square feet)
_
t i.
Minimum Yards
Pursuant to Section S of Zoning Ordinance. except as modified
by § 22-6G herein.
12.
Minimum Parking
Pursuant to SeCtion I of Zoning Ordinance and Section 22-6H
-
requirement
herein.
13.
Minimum Off-
Pursuant to Section I of Zoning Ordinance.
Street loafing
1,4.
Sgns
Pursuant to Section 1 l of Zoning Ordinance.
•enetosed parking shalt meet
the requirement% set forth in Section !-S t of Chi% Ordinance. sha 11 I, e
covered by a roof and shalt Contain no residential use-
C. Table of Commercial performance Standards
TAI%LE OR COMMERCIAL PCMFORstANCE STANOAROS
Commercial Subdistrict%
Performance Standard
C-PS I
C-PS 2
C-ps I
1.
Atinlmum Lot Area.
10.000
10.000
10,000
.
sq.f t.
sq.f t.
sq.f t.
2,
Minimum Lot Width
too (t.
too ft.
100 It.
3.
I,ta.itnum 0uilding
4P0 ft.
None
None
Height an feet)
(excluding enclosed
parking)*
_
�.
&1aximutn Floor Area
1.0
2.0
2.3
Ratio (without bonus)
3„
l taximum Ft~ Area
2.0
2.3
3-3
Ratio (with :.onus)
6.
Residential Oevelopment
Pursuant
Pursuant
Pursuant
to all
to all
to all
R-PS2
R-PS3
R-PS•
district
district
district
regula-
regula-
reguta-
tions.
lions.
lions.
except
maximum
floor•
area
ratio
shall be
3_3 and
open
spaCo
ratio
shall be
.60
measured
at or abo-e
trade.
%lin;murn Floor Area
Per Sleeping Unit
(n square feet)
400 4.00 000
3. %jinimurn Yards
7- Minimum Parking
I.equiretnents
t0_ Ntinimurn O(f-Street
Loading
pursuant to Section S of Zoning Ordinance
except as modified by § 22-GC herein.
pursuant to Section 9 of Zoning Ordinance
except as modified by § 22-9 Herein.
Pursuant to Section l0 of Zoning
Ordinance-
1. Signs pursuant to Section II of Zoning Ordinance.
-enclosed parking shall meet the requirements set forth in Section 9-3 1 of this Ordinance, shall E a
Covered by a roof and shall contain no residential use.
O, performance Standard Bonuses- In order to encourage the a6Zrer.36- rt ct
parcels, an appropriate mix and scalc of development, and architectural and site design compatib e
..ith the standards and guidelines of the Comprehensive ptan-and the Redevelopment Plan, rlorr
area ratios may be increased up to the maximums speclfied, In accordance with the applicable Vab: c
of performance Standard Bonuses and the criteria enumerated therein. Floor area ratio borausrs
may be accumulated by meeting one or more of the criteria as set forth in the applicable Tsbl,
provided, however, that In no event shall any use be•permitted an increase in floor area ratio crv!a:- r
than the maximum specified in the applicable Table of Residential or Commercial Pcrformanc e
Standards, except through the use of development rights transfers. Sonuses shall be determined, n
accordance with the applicable Table of Residential or COmtnccClat performance Standard Bottuv s
and the urban design and development guidelines Incorporated in the adopted Redevelopment MA 1,
during the Oesign Review process pursuant to Section 23 of this Ordinance -
I_. Table of residential Performance Standard Bonuses
YAIILE Or- ESSIOENTIAL pERFORMANCE STANOARO BONUSES
Residential Bonus Factors MaxllnuM Bonus
1. Parcel Aggregation
a) for each 10,000 -13 increase In FAR
• sq.ft. abo..e
minimum lot area,
up to a0.000 sq. It. -
b) for each 20.000 .1 increase In FAR
sq. It. abovc
40.000 sq.(t. up
to
• to i0.000 sq. It.
,
_ Dwelling Unit site
a) for each 1" sq.ft
.1 increase in FAR
-
increase in minimum
- average Flow Area
Per Owelline Unit up
to 2140 sq. it. increase
b) For each 100 sq. it.
.1 increase in FAR
increase in minimum
floor area per dwelling
• unit for all units. up
to 200 sq. ft. increase
3. Design Features.
All site plans shall be
.73 increase in FAR (but
Consistent with Urban Design
in no event. whether alone
Guidelines for the redevelop-
or in combination with other
silent area as set forth in the
bonus factors as established
adopted Redevelopment Plan and
herein. to cause the proieCt
the adopted Private Sector
to exCced the "maximum floor
Development Controls and
area ratio with bonus' as
Cuidelines (Ordnance No_
set forth in Section 22-65 herein).
77-20"). The Oesign Review
Board may recommend that the
applicant receive a bonus.
within the ranges herein
specified, for exceptional
achievement In urban design
'
in any of the following
areas
•
j IrAaxlmum Permissible
s
Bonus Range
a) Planting and fandsCaping
(Considering type of plant
. materials. lushness. shading
and cooling effect. screening.
.rind central effect, buffering
effect. color. site and area 6f
Planting- maturity at time of
initial plashing, maintenance
provisions, Irrigation and
M
raIat.o..ut.p to buildinct and
street %cape)
b) 1 3ving
(ConsiderinC Surface material.
t Solar fe(kction and absorption.
textwe and color. richness and
unity, transition wilA public
spaces. trealion of arrival
plaza and interns) paving}
C) grading r
(considering slope. drainase.
use of ground cover. air movement.
use separation. public and private
circulation. form and scale. visual
interest, space creation. public -
private transitions and continuity.
and architectural integration)
d) water features
(Considering movement. sound.
reflection, recreation. cooling
effect, architectural effect.
Coordination with plaza or other
special place. public -private
transition. visual impact. and
relation to overall project design)
e) signs and graphics
(Considering function and purpose
stale. orientation. size. style.
aesthetics. location. relationship
to architecture. visual impact.
Consistency and uniformity. vier
blockage. illumination. movement.
Conflict and relationship to public
and private spaces)
A street furniture
(Considering pedestrian orientation.
function, seating capacity. visual
impact. integration with architectural
and other design etements. integration
with use of public spaces. and activity
areas, uniformity of style.
tt
.03 -.lo
location and scale)
g) lighting
.OS - •+0
(considering function, circulation.
security. identification, aesthetics,
lighting of exterior spaces. lighting
of planting, lighting of arChiteC-
tural and/or design features,
lighting of parking area. lighting
levels, nnpaC•t beyond project.
uniformity and consistency with
architecture and other urban
design features, type of lighting,
and lighting fixtures)
h) arcades
.03 - .10
(considering pedestrian access,
accommodation of activities, linkage_
in circulation pattern, relationship
to atchitectural and urban design
features, shading and cooling effect,
protective effect. relationship to
public and private spaces, accessi-
bility and usability)
-
a eneogy tewservasion
.03 - .49
(tews.le�iwg tonsigurasion,
04onta{:ow, sic*.an1 seat*, design,
dews{rvetiow :*taibi' m*ehanitai
' syss*ms, rotor, and ^�aserwsis.
i) site planning
.OS-.tS .40
(considering vehicular and pedestrian
circulation and orientation. parking
location and access. quality and
amount of open space. building setbacks.
,
via-% and vistas. building orientation.
relation to adjacent buildings and
structures. relation to public and
private spaces)
j) building design
.03 - .23 .40
(considering scale. height. mass. .
facade, surface materials. rooftop.
aesthetics. integration with urban
design features, Color, relation-
• lT
ship to 44ACent buildings and
spaces and continuity with respect
to architectural desire)
.
F. Table of Commercial Performs nee Standard Bonuses
TAnl.r' OP COattit[Rt:1I�t PERFORM ONCE STANOAftD BONUSES
Commercial donut FaCtors ,
Maximum Bonus
1, Parcel AC®at
a) for each 10.000 sq. f t,
, 13 Increase In FAR
above minitnum lot arca. up
to 410,000 sq. f t. ,
b) for each 20,000 sq. it.
.1 Increase In FAR
above 410,000 sq. ft..
Up to 90,000 sq. ft-
2. Oesign Features
All site plans shall be consistent
.3 increase In FAR (but in no
with Urban Design ►uidelines for the
event. whether aloev or in
redevelopment area as set forth in
combination with other bonus
the adopted Redevelopment plan and
factors as established herein,
the adopted Private Sector Development
to cause the project to exceed
Controls and Cuidelines (Ordnance
the "maximum floor area ratio
No. 77-2(!!). The Oesign Review
with bonus' as set forth in
_ Board may recommend that the
Section 224C herein. except
applicant receive a bonus, within
through use of development '
the ranges herein specified. for
rights as provided in this
exccptiona( achievement in urban
Ordinance.
• design in any one or more of the
following areas;
Maximum Permissable
Bonus Ranee
a) planting and tandsCaping
(considering type of plant
materyls, lushness.. shading
and coating effect. screening.
wind control effect, buffering
effect, Color. site and area of
plantinC,-aturitr at time of
initial planting. maintenance
IS
provisions. irritation and
relationship to buildings and
street scape)
b) P,aving
(considering "Wrace material.
-
solar reflection and absorption.
tcsturt and color. richness and
unity, transition with public
spaces.crea•tion of arrival Plata
and internal pavinG)
C) grading
(considering slope, drainage.
use of ground cover, air movement,
use separation, public and private
Circulation. form and scale. visual
interest. space creation. public -
private transitions and continuity.
and architectural integration)
d) water features
.03 - .10
(considering movement, sound.
reflection. recreation. Cooling
effect. architectural effect,
coordination with plaza or other
special place. public -private
transition. visual impact. and
relation to overall project design)
e) signs and graphics
.05- .10
(considering function and purpose,
scale. orientation. size. style,
_ aesthetics. location. relationship
to architecture. visual impact.
consistency and uniformity. view
blockage, ilkoninatfon, movement.
conflict and relationship to public
and private spaces)
p street furniture
.03 - Jo
(considering pedestrian orientation.
(unction. seating Capacity, visual impact.
integration with architectural and other
design elements, integration with use
of public spaces and activity
if
'
•teas, uniformity of style, location
and scale)
(g) lighting
(considering function. CirCulation.
seCtNity. identification. aesthetics.
lighting of exterior spaces. lighting
of planting. lighting of architeCfural
and/or design features. fighting of
parking areas, lighting leveli.
Impact beyond project. uniformity
and Consistency with architecture
and other urban design features. type
of lighting. and lighting fixtures)
h) arcades
(Considering pedestrian access.
accommodation of activities. linkage
in Circulation pattern. relationship
to architectural and urban design
features, shading and cooling effect,
Protective effect. relationship to
public and private spaces. accessibility
and usability)
a ewepgy t*wse/vat+ow
•kensi e"r. towi:gu.aI;,.T ai+ewlatiowT
sine aw! StifeT lesi•gwt 11404SIO-44 Ot,
letaiisT rwethawital systerwtt toiorT aw!
' mateniaisi •
i) site planning
(Considering vehicular and pedestrian
• Circulation and orientation. parking
location and access. Qutality and amount
of open space. building setbacks. views
and wistas, building orientation. relation
to adjacent buildings and structures.
relation to public and private spaces)
j) building design
(Considering scale, height, mass. facade.
surface materials. rooftop. aesthetics. ,
integration with urban design features.
Color. relationship to adjacent buildings
and spaces and continuity with respect to
?0
.os-.ls .io
.03-23 tic
N.
architectural designl
3. C-PS 2 Only
a) Cutdoor cafe (with minimurn of 300 square .01 - .l3 .1 increase in EAR
feet) .
b) First Floor.Commercial Use (with minimum .03 - .13 .1 Increase in FAR
of 1,000 square feet)
e) Oevelopment .tights Transfer . for each 1,000 gross square foot
development right Increase in maximum perm;%-
sible floor area
G. Suoolernentary Yard Re}tulations -
1. Applicability. The yard regulations set forth in this section (a'
Supplement the regulations set forth in Sections S-l. E-2, 3-6, i-y and 3-1 of this Ordinance, wt i&
remain applicable to all development in the PS district; and (b) substitute for the yard regulation,
set forth in Sections 1-3. 3-4 and 3-3 of this Ordinance. which shall not be applicable in the P!
district.
2. Minimum Required Yards for R-PS 1-a Districts. The tot in
minmum yards are required for development in the It -PS 1-4 districts at and above grade level:
Front and Rear Side
20' . t' for each 10' the sum of the side yard widths shall be at
in height above 60 feet least 23% of lot width. but no interior side
measured from grade up to yard shall be less than 10% of the tot width
a maximum front and rear or 10' whichever is greater, and no side yard'
setback of W each. adjacent to a street shall be less than I feet
or l0% of the lot width. whichever is greater.
The first t0' of such side yard adjacent to a
street shalt be developed and maintained as a
landscaped area.
Provided, however, that townhouse residential development as defined by and pursuant to the
regulations established in Section 23 of this Ordinance on parcels not less than 21,000 square tee,
and at a height not greater tttan 30 feet above grade including eneloied parking shall be exempt
from the side yard setback specified above and shall be subject in -lieu thereof to a minimum sade,
yard setback of 10 feet; and shalt be exempt from the minimum open space ratio otherwise require4
pursuant to Section Z2-6II her in
tw Sia and shall be subieCt in -lieu thereof to a minimum open space'"ir
of .40.
f41,
1.
3- �tlnimum Required Yards in Rela tlon to 1111nimum Open�aCe
ratio, In all Cases except as oth
ervrise provided herein, an applicant must comply with Loth
minimum required yard and minimum open space requirements. '°there the minimum open space
ratio results in greater required open space at grade than that resulting from the minimum y. rds
requirements alone, the applicant must provide not less than 30% of the difference in the f srn of
open space at grade and the retnainder either at or above grade. Open space above grade ma�, bw in
the form of recreational facilities above the pedestal portion of the building, Required yams nd
open space whether, at or above grade may not be utilized for panting or accessory struCtu'es
except as set forth above; however. at -grade drives in the C-PS 3 Oi:triCt shall be permitter wlan
said drive is not less than 7r. feet from the property line-
a- Minimum Required Yards for C-PS 1-3 Districts_
(e) The following minimum yards are required for non-resident al
development in the C-PS 1-3 districts and residential development in the C-PS 3 District at a id
above grade levels:
Front
rear
Side (tool)
but point
10.fact,buit
10 scat or 10!f of
10%of the width of the lot
on s
e shall be
the building height,
or 10%of the height of the
h
closserr to to the front lot
whichever is greater,
building, whichever Is
line than one-half the
height of the point
greater. provided, however,
tha.i no side card adjacent
above grade; not with -
standing the above no front
to a street shall be less
setback shall be required
than 10 feet and no point on
for buildings in the C-PS 2
the building shall be
district whose front lot
CIOSef LO the CMterline
line is on Fifth Street
of a side street than one -
(Atiatnl Beach Boulevard)
half the height of the point
and the minimum required
above grade. Not withstanding
setback in the C-PS 3
the above, the minimum required
District for build -logs
side yard setback in the C-PS 3
fronting on the cast side
pistriet along Siseayne Screet
Of Washington Avenue shaft
east of Washington Avenue shall
be a Constant twelve (12)
be 13 ft. provided however all
fact.
other side card setback require-
ments shall remain applicable.
subject to the yard and ocher re(b) residential development in the C-PS 1-3 districts shall be
gulations applicable to the appropriate It -PS district as shown in
Section 22-6C and Section 22-GC (1) - (3) of this Ordinance.
subject to the minim.," re(C) Mixed use development in the C-PS I-3 districts shall be
quired yards for non-residential development pursuant to Section :" 2-
tif 23'h or less the tool area of such building is used for dwelling purposes- it 23%or mart
off thehe total area o/ such building it used for dwelling purposes• the building shalt be subieet to tt+e
22
minimum required yards for residential development pursuant to Section 22-6C4(b) as mrdif ed by
the following- (1) where such use abuts a public off-street parking area. the residential ea yard
requirement may be reduced by one-half, but shall, in no event. 9e less than 10 feet: (2) mIf imam
required yards for residential development shall be applied only to the lowest floor (and sll rtoors
a
above it) which contain one or more dwelling units; otherwise, app.NCable non-residential yard
requirements s1u11 apply; and (1) where the applicant Incorporates n atrium. or other inter nor [pace
at the ground level and extending to the top floor of the structure, an -interior setbaCtc- Cr-di, shall
be applied for such square footage at ground level against the otherwise required exterior ,,ett &C, s.
but, in no event shall any exterior setbacks be less than that required for non-resid-ntial
development in the C-PS 1-3 districts. For purposes of this subsection only, hotels and no Cis shalt
be considered as non-residential uses,
ft Alternative ParkinK Requirement for Multi -Family Residential
-Development in R-PS rNstriets.
In lieu of meeting the multi -family residential pa king'
requirement as set forth in Section 9-2A(0) of this Ordinance. the applicant may pro.ide'on r (1) -
parking space per dwelling unit, regardless of size of unit or number of bedrooms. on site, a,sd Lay a
fee in the amount of Five Thousand -Dollars ($3,000.00) per space in lieu of providing the other .rise
required parking pursuant to Section 9-2A(a). representing the difference between one (I) psi king
space per unit and the requirements of Section 9-2A(%). The fee shall be paid prior to issuar,ce of a
building permit for such development and all fees Collected shall be placed in a special irttet est-
bearing South Pointe Oevelopment Area Off-street Parking Fund, and such fees and interest the can
shall be dedicated toward and used solely and exclusively for the development of off-street par ling
in the South Pointe Redevclament area pursuant .to the adopted Redevelopment Plan and any
amendments thereto-
I- Suoolemental ParkinK regulations: C-PS1 Oistriet
unit. and 2.3 parking spaces per
1.25 parking spaces per dwelling unit. 1 parking space per s.ee; ing
1.000 square feet of commercial space. Up to forty percent (a 1%)
of the total parking spaces created on the parcel may be for compact cars. Required parking for
hotel, hotel aSeessory uses and Club uses may be satisfied through the provision of valet pare, ng
spaces. Twenty percent (20`U) of dwelling unit parking spaces may be satisfied through the provision
of valet parking spates.
chart: Parking spaces shall be sized In accordance with the faCow ng
Parking Angle
Standard Spaces Compact Soaees
900
600
a 70
TO- Wide 7.1- Wide
11'0" Long 1 7'0- Long
fib- Wide 7.6- Wide
I fit- Long I SO- Long
1.6-'Vide 7'6- Wide
71
I ti V Lonc I YV Lens
Parallel
ro- wide 7•9- Wide
?TV Long 20'0- Long
Handicapped
1 r0' Wide
1VV Lonc r
chart: Access •Isles shalt be provided in accordance •rith the fol s...ins
- - -^• -Iota of ^Met Width o/ Aitle
Angle of One-wayTraffic
Size/Car Two-way Traffic One -war Tra(f c
ra�=5 Double Loaded
Double Loaded $inel�Lo_de.d
Standard 900
Standard L00 23.0 feet 23.0 feet 23.0 feet
Standard 11.S feet l?J feet
a)o 12.7 feet
.3 feet
Compact 900 9.5 feet Id10.d feet
Compact 600 20.0 feet 21.0 feet
20.0 feet
Compact 4}0 9.5 feet 19.0 feet 10.3 feet
9.2 feet 11.7 feet 10.6 feet Standard Parallel -
10.0 feet 20.0 feet 10.0 • feet
de Compact Parkins
Section 22_7_ Oeveloomant Ri hts Transfer `
A. Transfer
The lt-PS I and 2 subdistriets are designated, for purposes of this section, as he
transferor area and the C.pS 2 subdistrict is designated, for purposes of this section. as i �e
receiving area.
t!. Attachment of pevelo eat Ri hts
development x Any owner of Property in the transferor area may, open tenstruet;on of a ner.r
substantial rchobilitation of an existing development with a density less thr,n
traits per acre acquire and transfer development rights to properties in the receiving area.
C. Calculation of Oevelo
eat Pi Aes E 'wreneies
Lrach ximurp.ncnt right shall be equivalent, upon transfer, to a 1.000 gross sgvar:
toot increaser the ,naaimutn permissible floor area otherwise permitted on the_reeeiving area sit,
in the first three a years fotlo...;,s9 the effective date of this subsection as provided in E, below.
Thereafter, each de.eloprnent right shalt have the following equivalent values:
24,
Year Cross Square Foot Increase in Floor Area in P.ece;ving Area
Year / 700
Year 3 g00
Year i 700
Year 7 600 Year S 300
Year ! h00
Year IQ- - ` 300.
Year t 1 200
Year 1 Z 100
Year 13 and after 0
Oeveoopment rights shall accrue at the following rate: 1 per dwelling unit if tesultir,t r rom
substantial rehabilitation on the transferor area site: 1.3 per dwelling unit It resulting frosm new
construction on the transferor area site. it such site Is less than a0t000 square feet; and T per
dwelling unit if resulting from new construction on the transferor area site. If such site is .0'30
square feet or greater. -
O- Limitations on Oevelooment Rlxhts Transfers
in C-PS 2 Subdistrict
Oevelopment rights may be transferred to properties in the receiving aria only. -
The maximum increase in permissible square footage of development on a site In the receiving Seca
on which development rights are being used may not exceed 30% of the total -square footage
otherwise permissible pursuant to this Ordinance without use of development rights_
E. Development Right Administration
The City Commission shalt formulate and adopt appropriate rules and rel;ula :ions
to guide the implementation of this provision consistent with the language herein and the irate tt of
this section_ This subsection will become effective when such rules and regulation have 'seen
adopted by the City Commission_
Section 22-9 Procedure for Review and Approval of Uses In
the Performance Standards District
A. Permitted Uses. Applicants for a building permit for the construction. or Irr the
repair or rehabilitation of a permitted use in the Performance Standards District shall be subirct to
the requirements of Section to and Section 23 as to required site plan review and design rev'ew
s. Conditional Uses: Applicants for a conditional use in the Performance Sta+dard
Oiscriet %hill be required to obtain such aprovat in accordance with the procedures and vibir ct to
the requirements of Section 7 of the Zoning Ordinance. and shall additionally be subir:t o the
requirements of Section t4 and Section 23 of the Zoning Ordinance as to required site Plan n:+:e+
and design re.:err, To the t^am;mum extent possible. these processes and the requirements th• refce
shall be coordinated to as to avoid unnecessary duplication and expense.
25
C. V•rlan�cest APpllc'ktlona for variances may be made by the applicant put want to
the procedure and subject to aU r,quirensents as set forth In Section 13 of the Zoning Ordina +Cc.
O. Oevelo;.nent Atreements: As a condition of site plan.and/or design rew ew. the
City and the applicant may enter into a Oevelopment Agreement by which the applic•snt may be
assured that upon approval. the project will be permitted to proceed in in aCCordance with existing
ordinances and rogulations. and by which the applicant and the City may agree to certain. to -ms and
conditions relating to the timing a4. development. provision of public facilities, vication, de fteation
and such other matters as may reasonably relate to the project.
Section 22-1 . Adn%;oistr
ation
A. Enforcer"em,
Enforcement of this Ordinance shall be pursuant to the provisions of Sancti an la-t
of the Zoning Ordinance.
E. Interot
Interpretation of this Ordinance shalt be pursuant to the provisions of Se-aic Ft 13 of
the Zoning Ordinance.
C. Violations and ?enalties
Violations of this Ordinance and penalties therefore shall be pursuant to the
provisions of Section 17 of the Zoning Ordinance.
SECTION e. INCLUSION IN ZONINC ORDINANCE NO. 119t
' It is the intcntion of the City Commission and It is hereby ordained that the provis ons of
this Ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinan:e No.
1E91 as —ended; that the sections of this ordinance may be renumbered or relettered to ac:Co nplish
such Intention; and that the word 'ordLsanee' may, be changed to 'section" of other apprtnpriate
word.
SECTION 3. REr—ER
Aft ordinances or parts of Ordinances In conflict herewith be and the same r•c 1 ereby
repealed.
SECTION C. SGVEttAt1ILITY
If any section. subsection. sentence. etause. phrase. or portion of this Ordinance s. for
any reason. held invalid or unconstitutional by any court of any competent jurisdiction. such p,srtion
shaft be deemed a separate, distinct and Independent provisions and such holding shall not affe :t the
validity of the remaining portions of this Ordinance.
''. SECTION 7. EFFECTIVQ OATS
This ordinance shall take effect thlrtr (30) days alter adapti sn. on
October 19 .11096.
PASSZO AND AOOPTE°O tris -
�i 19eh day of Seyesbec
MAYOR
ATTEST:
CITY' CLERK
First Reading - 9/3/30 (As amended)
Second and Final Reading - !/l9/3lb CAS amended) _
RVP/JK/nkm "
FORM APPROVED
LEGAL DEPL
. ' illl�iflL3f� .
Oafa�T�O�-1] -Fj/
• 27
Exhibit "D"
1999 Concept Plan
Part 1
Site Plan
[See copy of Site Plan attached]
Part 2
Amended SOM Plan
[See copy of Amended SOM Plan attached]
Part 3
Phasing Schedule
Phase I
New construction of the following: South Tower and South Perimeter Building, southern portic n
of the pedestal structure housing the parking garage, foundations and basic utilities, circul, it
courtyard for vehicular entry, extension of Ocean Drive southward into site, pedestrian walkway ar d
plaza connecting to South Pointe Park, beach club, cabanas, tennis courts, landscaping, pools, bi:ac h
access and all other associated amenities relating to the South Tower.
The northern wall of the pedestal structure shall incorporate a design to be reviewed and apprc ve i
through the design review process, which design shall be implemented in the event that th
construction of Phase II has not commenced prior to the issuance of a final certificate of occupanc i
for all of Phase I. If construction of Phase II has not commenced, as described above, within th ;
timeframe set forth in the immediately preceding sentence, then design and construction of th
northern wall shall be required as a condition precedent to the issuance of a certificate of occupanc;
for Phase I. If construction of the pedestal structure of Phase II of the Development has commenced,
then the aforementioned design for the northern wall of Phase I shall be eliminated.
�:'.\TTfTI.EI'I:IIC'EAM 19vcD\' 11.\UP
\Iv�� 1, 19v9 (53�rn1
Phase II
New construction of the following: North Tower and North Perimeter Building, Northern pert. on
of the pedestal structure housing the parking garage, beach club, cabanas, tennis courts, landscapi ig,
pools, beach access, and all other associated amenities relating to the North Tower, finist ed
pedestrian and vehicular entrance to the site and the Plaza at the end of South Pointe Drive.
It is agreed between the parties that construction of Phase I will be commenced prior to the
construction of Phase II.
M.-h 11999 (f l.-)
j
a
a
2 \
s
a
[ fil- 1191f f f
i
Uc
N
1
s E • G w
0
SHIOF i ,
I �I
• l• r r, G 0 G E n
A N P A R C E L
S17E pf TFE!RU..RY to. t999
PgGz
The reduction is Soar area has
Perimeter bbee"' accomplished by reducing areas in all of the south, buildings, while maintaining the integrity of the design. r-'orth, and
1n narrative form, the reduction in floor area has been accomplished in the following way
• The area of the South Building has been reduced from 843.600 to 721,291 scu&re feet, a
reduction of 122,309: a reducTion from 45 stories to 39 stories has also been m.3dj ;.
• The area of the North Buiidin
reduction of l No this reduction ..has been reduced from 481,652 to 471.623 squa •e feet. a
stories.
coon has ben made with an increase from 36 stores to 37
• The arcs ofthe Perimeter Buildings at the pedestal has been reduced from 199,620 to i 90,006
square fct, a reduction of 1 19.614. Perimeter buildings have been reduced propor ionate!y
throughout.
• The area, of the retail space has been reduced from 25,000 to 15,080 square feet. ra ri durion
of 9,920.
• The area of the Club and Bah Facilities has ben reduced from 55,750 to 12,000 s,{u,.re feet
a reduction of 43,750.
al area of th
• a edutctiion of OSe6?2,�opmnt �. been reduced fivm 1,605,622 to 1,300.000 squaire feet,
1LNRT.%0DAT.A=M'rL,4tAm.AaRArr V L•'
U t A N P g R C E L `P'CL °"`
FAR CALCU FEBRUARY 10. 1999
-ATIONS . .
c; t A N P A R
FAR CALCULATIONS
BEACH GBANAS. CLUBHOUSE SHADE
STRUCTURES. OUTDOOR CAFES. TOILET
FAMMES. SHOWERS. HOT TUBS. WHIRL
pDDL,S, SWIYYIfIG POOL$. SWIYYINC POOL
EDVIPYb DECKS. PATS. TENNIS COURTS
W" FENCES. VOLLEYBALL COURTS AND
OTHER RELATED BEACH AYEHMES
CONTAINED WITHIN THE REAR YARD.
T 7-000 s/
E L
FEBRUARY 10. 1999
. . . .
w"Ll
of!Bq.,roI
ELO PARKING '
RESIOENTIAL I
5.490 S.F.
� I
TERRACE I
NORTH RE ,
PARKING 5.601 S I
CA I
i
F�Ow I
' � I
I
I
I
SOUTH CO
+I� 11.I00 SY RESIOE AL i
4,720 .F. ,
TERRACE j
•`\ REM 3ef�•
wG I
\ RESIOEMrAL I
�\ 6.646
'\ I
I
•\ I
'\ I
u L t A N P A R
_ FAR CALCULATIONS
C E L-
FEBRUART 10. 1999
ra . w
W%NR=6--.i
ZT 3
- I I . ](9)
v L t A N P q R
FAR CALCULATIONS
C E L
FEBRUART to. 199!
• w w w
1-6-pwk-1
RESICENTUL
2.025 at I
- RESIOENTAL
3.632 of RESIOENTUL
5.076 of
RESIDENTuL i
16.125 at
RMCENTtAL
I I
I
`\ I
.\ I
I
/�-• 20.350 afof J�
I
I
i
I
I
I
I
1
M
u L t A N P g R C E L `ra Mc
FAR CgICU PEeftuARr 10. I999
IATIONS - •
NORTH BUILDING
SOUTH BUILDING
LEVELS 5-8
17,094 SO. FT.
ronc• ' 66.376 SO.' FT.
LEVELS 9-ia
1 a,801 SO. FT.
ronc• 88.806'$0. FT.
LEVELS 15-IB LEVELS 19-20
14,801 SO. FT. ta.801 SO. FT.
ronc ,.59.204 SO. FT.;, ronc Z9.60Z SO. FT.
4i
LEVELS Z1-Z5
13.284 SO. FT.
ronc• •66.a20• SO..�fT..
LEVELS 33-35
8.990 SO. FT.
rant: 26,970 SO. FT.':
11
LEVELS Z6-3Z
1 1.7 31 SO. FT.
rorit; 8Z:I17 SO. FT.
�J
LEVELS 36-37
7.950 S0. PT,
rout; 18,900 SO. FFT.
TOTAL WL RT.
4 ]f3 /T. W>w.
LEVELS S-Z8
20.543 SO. FT.
rcra; 493.03Z SO. FT
LEVELS 30-3•
18,7200 SO. FT.
ror�(; 91,000 SO. FT. -
LEVELS 36&38
17.4Z3 SO. FT,
ronc' 3A,850 SO. FT.
LEVELS 29
18.200 SO. FT.
rcra; 18.Z00 SO. FT.
LEVELS 35&37
17,425 SO. FT.
ror.[; 34.850 SO. FT.
LEVELS 39
15.Z09 SO. FT.
ronc 15.Z09 SO. FT.
TOTAL SM RT.
N7f141.sm fT.
f.r� -.w w Ir r.r..rr rrr.a.. + rr... � �.+w. r •. r.r..r � w...r fr 1.. Off .Irr
��'��qti I nw w�rlrrw .r W r '.M� 1� rlr CwrMlrw M ff•�M•f /� Nrf.• 1, h
.�w� � AwY t •rl• .1F14 �� Iti �� � rq� •fir � � .W.a
i I W i W
� � -^�rlryn r ryr .I� � wwwY.•.� ti '�`f �w r � A ram. frA. rr.rw. w�
w"�M .rrr 'rWrWf rf. wwI'7 .I r •..rR
' � ""+• Ira �. r.rrr. r n... w �w r w. I.Ir.ti ..n
I^ SM Wry .w 'r+� Irk fai.Nf r 71f.if1. f ,�y�. M 1240M.
N .rr•w r If ww. r ��
• .�r�y.� �'�-` Wry -•. +fry/ M� YI,Mf w W.rt7. • r.�rwn ./ IyiM Nil•
.rrf f.f nrnyf r� 1• rfww w 17 wti
• f'•rf.r� �^ � � I,w Iff.fi0 r ff.20f. • rM�Yf M 11� •1 •.
� rV w M ti •+./ .� ..fbf.f r.... D.fOf w rifts. f •.�fv .i f.fif.
r�. �"' •I �. Or �frw rfr.wf �. n.w.r r..�. f3.i70 r rLfa0. f ..fwfwr w aL/70.
•-= w +w fr.rf�.uw w r�V.f rrf.� r,pf.fti w r.JOf.fOf. • ..w.wr .I SOf.f it.
U t, L A N P g R C E L
- FAR- CALCULATIONS
so. rOt1TACE
FEMAQY 10. 1999
SHEET s 1(9T)
O C E A N P A. R C E L CAST ttcv,ra»
cEAST runuARY 9• 1999
-- ELEVATION -
t
SMEIR sI
aF 11 Iv-
T
1
iEBRUAW 10. 1999
C�C/�TII'1�I � • � •
PHASE II
I
��\ t o
w zYmv.i,
U C E A N P; R C E L
;141$IMC 1/1
7E3i7UwgY 10. 1199
�J
1:v 1
1 .
1
I,.
7
•
$fw'•' Zt s
f
=�•aV. xYv~�
.
.
' •.:xYT
Flr"
'.,
.'•.. '�..
���.'.�1�
'J.
1 `wry -•
i1C• 1 1a.�Y.TA'F'h,. kti.
ni;:'
a
lo
as
UPC
A f L A M f l C
� C E A N
MEET ,
of' „
u L E A N P A R C E L
OPEN SPACE RATIO CALCULATIONS
F_3RUARr 10. 1999
s � �
Schedule X
Timetable for Development
Developer shall obtain the Building Permit for the first Phase of Development within eighteen (1 B)
months of the date on which the 1999 Concept Plan is approved in final non -appealable form by t ie
City Commission and shall commence construction of said first Phase of Development within ihil ty
(30) months of the date on which the 1999 Concept Plan is approved in final non -appealable form
by the City Commission.
Developer shall obtain the Building Permit for the second Phase of Development on or bf:fc re
October 9, 2005, and shall commence construction within the period of time required by su ;h
Building Permit, including any extensions of time thereto.
Developer can utilize the existing Sales Office on the site provided that the above timetable is mi !t.
F' A1T11 LEV I. cK'l—l'W'In\14 AGR
11-1. 1— (5 24-)
Schedule Y
Uses:
The uses in the northerly tower shall be residential or residential/hotel (timeshare).
The use in the southerly tower shall be residential only.
Height, Floors and Stories:
The maximum height of the northerly structure within the boundaries of the Ocean Parcel shall r of
be higher than 380 feet to the top of the roof, and 420 feet to the highest architectural projection, or
37 stories; and the maximum height of the southerly structure thereon shall not be higher than 4 ;4
feet to the top of the roof, and 470 feet to the highest architectural projection, or 39 stories, as
measured in each case, above "grade" as said term is defined in the 1999 Land Developmc nt
Regulations.
Parking:
1285 spaces
Floor Area:
1,300,000 square feet measured in accordance with the 1984 Zoning Ordinance.
Floor Area Excluded from Floor Area Calculation:
The Commercial Space and Excess Parking (as such terms are defined in the Developme it
Agreement)
Easement
The City shall receive a permanent easement for the use of the public over the extension of O -'e, n
Drive (from South Pointe Drive to South Pointe Park) contemporaneously with issuance of a fin it
Certificate of Occupancy for the Development included in Phase I.
SJukI. Iw (124")
Schedule Z
List of Required Development Approvals
List of Required Development Approvals
Demolition Permit
Department of Environmental Protection Permit
Department of Environmental Resource Management Permit
Dune Enhancement Permit
FDOT Permit
Full Building Permit, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Pool(s)
Miami -Dade County Public Works Department Permit
Miami -Dade Water and Sewer Authority Approval
Pool Permit (HRS)
South Florida Water Management District Permit (Storm Water Management)
Turtle Permit
Such other permits as may be required by Federal, State and local law; provided, however, that t} to
foregoing shall not alter or modify the laws applicable to the Amended SOM Plan, as mo -e
particularly provided in the Development Agreement to which this Schedule Z is attached.
Time Periods for Processing Development Approvals Issued by City
The City shall process the following Development Approvals within the following tin le
periods:
Building Permits: Within five (5) days of the submission of a completed application f )r
a Building Permit, including all attachments thereto, and the elimination of any deficiencies n
connection therewith, and the payment of all fees in connection therewith.
Demolition Permit: Within five (5) days of the submission of a completed application at d
the payment of all fees in connection therewith.
F:.AMflXVI:(XEA, 1999DVI4.ADR
hlw:h 3. Ivw (S:I,rynl
No Objection Letters: Within five (5) days of a written request by Developer to the Direct or
of Planning and Zoning of the City.
Y!Al MXV I:(I E-1999DV II. AIM
I.-h 2. 1-($ 2-1
Exhibit "E"
Copy of Consolidated DRB Order
Under DRB File No. 9611
Mu.n I. iv�l'.xMml
DESIGN R VIE',d BOARD
City at Miami Beach, Florida
MEETING DATE: December 8, 2998
IN RE: The Application recuesting revi s_crs to
Previously issued Desa
ica Review approval = ,
constrscti- D- t:
'action _e
of two (2) 41 story (424 to the top
Of the roof and 449' to the highest archi_e=tural
projector) condominium towers, with a total cf 75
units, ar_d a 134 unit, sixteen (16) stow (1 6, _6
to the top
Of the roof) hotel; a beach club,
retail, restaurant and parking facilities air: 1
proposed• The Final O__�_ for thisproject-_ aY�so
r�o�
=-
that these revisions, which consist of cha.ncres to
the desic« and massi nc of the north anal wash walls
Of the south tower portion of the prcj,_c_, be
brought back before the Board for final a:p:•oval;
this project was approved on September 16, 1198.
PROPERTY: Ocean aid Easement Parcels located at the scutr_east
corner o f
Sc;ut.. �, Pointe ointe Drive and Ocean
FILE NO: 9611
The applicant, Portof
application with the City of Mina Real Estate Fund, Ltd., fi:� e i an
iami Beach's Play lac De_oa:tne,:t; the
September 15, 1998 Final Order issued by the Desig:-1 Revie,r 3oard
for this project rewired that revisions to the approved p..ans,
which consist of changes to the design and massing aL the r_o::t 1 and
west wails of the south tower portion of the project, were rec°zired
to be brought back before the Board for final approval.
The City of Miami Beaches FINDINGS OF FACT: Design Review Board maces the foll_^_ c,wic
A. The revised drawl
December 8, 1998 mee Subm;tted by the applicant fc:r the
satisfy condition meting of the Design Review Boarc'_ will
the Board1- f cf the September 15, 1998 Final 0='.-.e r o=
the following cZta'1ning to this matter and the project, p_o�ided
g condition is met:
3.
The north ar_d west elevations, as well. as the roof -tcm
element, ce the south tower shall be furt h_^.
er fine t,ec
and e=chanced, iz a manner to be approved b.r sta=f .
Based on the
conditions
1.
original Order issued September is, 199s, a::d' the
stated the_
(Which Order is �nco �3ted
< i 1\ :/
herein), and the finding contained d ir. paragrapc A
relating to corditi a�cv�
°n NO • 1 . f as required to be brc u< ht back before the Hoard pursuant to the Final Order issued for the
September is, 1998 meeting,
with the Oesig^. ReV r the DrCJ?Ct WCUld j �? COL.S�SC_^t
Z-^� C_ iteria and requirements in Section.
119-251 of the �;ami Beach Ccde if t:,=- fo?lowinc c.c,sc i •cQ_
c=ditioas are Me- h, -
the cord `- "` =cn ccnd:t�ons are a consc' T jag;on e`
-Hors c= t:.e September 15 Z998 ardor ^,d t^e
conditicrs ccrtai::ed �;e_o"y)
1. ReVZSed ele-1 i .
_:� dCCOrd `a` °_• and CO_=�S'CL:d:nC f1COr plan rri_
' al- w- ':G. new- ' S L :TL C�C - ^=?
a'- SE cte^.. P_ 15, i998 Lie=�- _g � .., .. -- - _-
scaff, Shall be sub<<,ic`_d to and
=Ci lowi, said dra:J_'cs SC all
t:
a. The
the s_�_-a- szruccure or.scudeast
c,.ne= c=
eic : uc t.,
t (e)
a ma:ci:nu:a
stories a�cve grade;
this
s
the f icon a r- a =-c „t
Tor
=eduction sha11 e_c nor
rel^cat�d i
be e1i.;t_nae=-!,4
d - e sewhere Cr. the S__e, at the _.m'-'ece
iscret_cn
and the --�v: ew and
staff
acproval of _- -
. and the apolic .t ca^n oc acre_ -
app =' on
r'
_ate-elccaticn of c-;s
the -
e e
:cc ss Llc�� are=
V
latema_ter snail be brcuc ht5oa_ d a- a
p daze, as a re-lis_or.
a grcvec
tc ,e
t- _rev _cusl_I
cla:
b• i
OL
on �- - �- inear residential pecescaa s __ :gran e
allowe= zFst side a the sire shall be re-.o red cc
and a subscantialiv expanded ocean c v r_cCk
to vallow the towers to have a more s
apDeara= Ce cn the east side. The floor a_-e. E
this '"eduction shall either be elimina �e cr
relocated elsewhere on the sate, at tree c:o�rol=ce
i_screc on and the review and approval tafr .
f _ c=
stag and the appl ican_t can�:ot agree �r. an
tp- - - riate relocation of this e.ccess floor area,
the matte- Somali be brought back to the Scarc.. at a
Later date, as a revision. to the =
approve` s Pr-v= oL�l r
Dian
c OThe
Leo='r atiOn des' G:'. Of the e^` T •-. -e vestal pc _tiCn
to t --a ect shall ce fuITv detailed and sL.bje=_
re = evwew and approval of staff.
d. entrant_ e-I- `n_'-, ex_st_nc tesporary dr_veua_r
t e r - to ?ortc__nc and Scut . Pci._te Tc:re ^s Cr.
mod; c`�_ S_,.e c_ --'le c_Ccer:•r s reloca._.:c o_
o_
2
retail structure (s) , the ricor area requi -ed ror
said structure (s) , as well as the propos,!d retail
structure on the northwest corner cc the site,
shall be taken from the floor area or the prccesed
residential structures.
The tog port icr. c the scut h tcwe, shl l be
modirie 1 and simglirie� in craner ccmrte Lsurate
"ith the north and rcrthwest s_dr_s of saki _ewer.
r .
The ncrth and west ele-rat_ens, as well as
top el em - - -
ent, o_ the scutz fewer sna=1 be urt-e-
rine tuned and a -
SL'bmi o.,:.a_^.ce'�, C^..^.S:St_ C :�liC t.^.c: �l3 S
tte at t :e LeCeitGer fl, �cca meet_.^.0 a: i
manner b o c a
Ce approved by sCa_ __C.
2. A revised site T
well '� a'` a- = Cc-res=cid_n= landSCSCe = . 3_^_, as
by as ` ccr plans, s-a'_1Y be subc,_t`ec to and a_ cr-ved
star=. The stec_es t�rge q-Ua__titV ;c
spaai nc - d=Te s- rs,
Iccaticn a :d overall height c= a1-1- p� a-t
material s�.al1 be clear!v delineated and subject to the
review and approval cr staff; at a minimum, s.� clar
shall inco--cc _ - - _
_ r3te the C0=1Ow:.nC
a The lardscaced Uedestrian g aca/: edestr_a:: ta-
which runs the e^tire iencth c= the west s de
Of
the subject proverty, s1na11 re^,air. cpe: at :11
even if C—_5 recess_t3Ces t ---
prcvide ::^_at the a;�g
locat a Sec:.rity mor._t,.__: c pc. nt a.t th_s
icr_
b A Fully automatic _rricatio system w-; ?c0
cove_a=e and an auzcmatic rain sensor in ar:'e- to
render the system _.^_CDerative i__ t event c:=
C. The prcgosed service drive or. the south st he
site Shall remain at crade; a dcckmaster shall be
Present at all times the service drive is cce and
the hcurs or Operation o t^e proposed service
drive will be Mondav - Saturday, from 8:00 a.m.
6:00 p.m_ -
d• The depth or the retail/care areas or. th:. r_ort h
side of level -two, and fronting the sidewalk along
South poir. i i. t� Drive, sha__ ce subsea :c _a__ r
i-^_creased, in a manner to be a=Croved b.r sea=_;
oh." may necess:.tate the relocation or ellm=^3t_o
narcinc spaces.
e. Che prOpOS�d curb-__t ontie --- S_Ca t
_ rCCertV SClall be e_.;;Lti_^_3Ce�.
3
f The proposed grade Level ser,rice parking area on
the west side of the site shall be eliminated and
replaced with la:tdscaping.
3. All building signace shall be consistent i:. tyke,
composed of flush -mounted,
letters.nor.-plastic, i^c_v=d}-,a,
4. The e.cterior surface col
CP SC.^.eme, 1nC� L'C:.^,C CO1C:
samples, s%aL -
1 be subject tc toe review and ap�r�val of
staff. A lighter for review
ity C_ _� GO Fa ette shall be required-fo
or - r t^�
a' str�ccures,
r_autical order to p:e=�,s� toe
_u_cusness of the site and location.
S. A traff_c m_ icaticr
Level f c`r _ F =' • wh_c h addresses a= _. :oadwa_,
`e (LCS) de_ icLSnC_es r�lat='r?I: to t e
i :_reMenzs o- SAC
Or^finance, lion 22 of t^e Zcr_inc
shall s a-1 be rem" -ed and the fi _nal bu_:s.__'' : pla:_S
mess ocher ZeP.'_:-ic Oro___,-- e r` , -
traffic �z�c_ recur_ me.r_s Said
applicant, ,b, t_eP. Clan shall be prepares i:y the submitted to and approved by the PL=_ n..nc and
Zoning Director, reported to the City Cemm_s�i�n ans
shall be ec�:t
�rtnr rn r e c eG7 by ti:e Parties rafere_^•CSC _•.er�i:'.
-3 nt ; 1 `, PC Do+- 4 r Sae._
gatLe ion =1a�hall �ra=
met=-
shall e fully implemence d pr_cr t o (and
a creccn_d_tion for issuance of) a final Certificate cf Occupancy (C.O.) for the project.
6. Manufacture_,- drawings and Dade County product ==prova_
reauj re for all w_ dcws, doors and glass S,_a 11 be r_cu_re�
7 All roc f-top fixtures, air-conditioning u_ =.t an d
mechanical devices shad be clearly noted on a r!vise d
roof plan a_d shall be screened from view.
8. The project s :all comply with any la_^_dscapina ur other reb/stre`t improvement standards as inaF be
Prescribed by a relevant Urban Design -Master Plan approved prior to the completion_ of the project a:Ld the
issuance of a Certificate of Occupancy.
9. A revised schedule of Design Bonuses shall be sut)m..tted.
10. The applica t �,
"Sunrise nS..a? l Create, design and cons::_ fist a
Pla
Street, '3 ac the eastern terminus of 3is ca.rP_e
of South.
of a_^_ appreoriaze pedestrian c� ne-:eticr_
�r Point`
approved by _ D-
reve with tre beach, in a man= er to be
staff
11. A one's trans -Lion area plan, inclusive o_ the rccosed
pedestrian ex _ p -
t===sion of Ocea_ Drive south of_ Sout_^. _o:nte
Drive, shall be full
nt which providesda compatible) darki.i.zterd ce
the applicaby
and transition area along the entire sou h side of`asubject site, as well as w= the
depth of thin South Pointe Pa: k, to
at 100' a
staff. east , in a marner to be app_ owed by
12. The applica nt stall
approp- s•.a_l create, desk:: and cons t:'uct an
..late beach front/beachwaik treatment
entire entire easy. side of the subject site, `or the
approved by staff . i ., a man::ze to be
17 the Ievidence, iafa—.� . based upon the for eceinc
c"nz _ . Inc _=as o Eac�,
September 15 Igo en- testimony and materials
8 and Dece , 8 I9g8 pr'se nt _c at the
m
the recorc for this m --v.. tee` _ -nss, w-"-'-c7 i'. partthe Septe Iber 15, 1_ a� a �c the sloe_ reports and anal l s:.s from
adopted herein, i»,ard Lecember" 8, i998 meet=::c;, w^ ch are
amended by the Bcar`, t the staff reccmr„endatior_s wc-._c were
approval is hat the AccLicatior_ for Desic-• Re-rie.J
gra..ted ear the above-. en _� • ..
those certain co 1 ; '-rec-- p_..� ect su:� j _ct tc
nsc__dated ccr_diticrs sp ecified n
the Findings of Fact her` in paracra_h B cf
the applicant has of (conditions #1-12, i nclus•ve) , t: wh�c
ace _ed - _
This Final Order consci<
Design Review approv-� -dates ail ccr_ditior_s and
as same are contained herein and
original Order of the
�, l c t 15
shall serve as the Final C'Z'r 1 1998. Acccrdi Holy, this Order
ryna- Order far the piaject and, in the _vent cf
conflict between the provisions hereof and those cf
15, 1998 Order,
the p_ _ the S�:c �.er
a Full Building Pe,�i_�`�ssions hereof sha11 contr.,l. I t?:a event
September 15, 1998 not Obtained within one (?) yea_ cif he
W11r a= ='rcvai, the corstructioa does not ccrmence
continue
two (2) yeas of the September I5, 1998 appro-traL and
continue diligently t=•rcugh this Order is completion, cr any other condit�or. of
Review approval violate
for tid e s °r remains unsatisfied, then the Lesion
Ubject project shall become null ar.d void -
No building permit may be issued unless ar_c until all approval as set forth here; l_ conditions of
Review approval does `n have been met. The issuance of Lesign
Other required Muni,,,, t relieve the applicant from obtain__n; a! -
including
zoning approval county and/or State reviews and pernits,
provided, this approv If adecuate handicapped access is not
is not required or that does not mean that such har_di.capped a ;cess
seek waivers relating tine Board supports an applicaat's of=o-t to
handicapped acaessibility rec.-Ilirente:its .
9
rA , w _s to the..1ICQ-
1 at
r r' P t T o m1x�d
5
to the Planning iiADarr-„en If all. of the above.,
conditions are satisfactorii s;�ecified
for building permit approvaly addressed, the plans will b< reviewed
for submission for a building permit and one (i) sec, rill be
retained for the Oesign Review Board's file. If the Full
Permit is not issued within one (1) year bf the Seotembe_ FSilding
meeting date and corst^sctier_ does net commence wit i„ 199a
years of theT Septem^.e_ 15, 1993 meeting date, anc' continue
diligently t!i_ough completion, the Desk:: P._view a-'�_c•v31
expire and become null will
and voi::.
Dated this " _
1— day of - �-,"U.-qY
Citr of M_'_ami Beac!! ?1o=ida
Cha "_ erscr.
Approved as to Fora: `
c�J: !L1-�1Ga
Office- o the
' City tc_:Iey
(::foals/Date)
Final Order filed and i:; pcssess4-an of the Clerk of the Board:
Clerk of the Design R`;riew a
(Initials/Date) °�=d
F: \PLEAN\$OR3\DRggB\D`.`DR3aa\9611-A. FO
6
Exhibit "F"
Developer's Obligations/Public Facilities Plan
The Developer shall comply with the provisions of Section 14(a) hereof.
Developer shall be solely responsible for the cost of extending water and sewer lines frc in
their existing location onto the Ocean Parcel.
No Building Permits shall be issued until payments for infrastructure have been made as! et
forth above, except as otherwise specifically provided in this Development Agreement.
Public Facilities Plan
The Public Facilities Plan is contained in Paragraphs 10,11 and 12 of the DRB Order.
!:'ATI2T1.-) 1 — I1999D�'I�.AtiR
\I.n� S. 199v I1:�ryn1
EXHIBIT "G"
TRAFFIC MITIGATION PLAN
Developer agrees to implement the following traffic mitigation obligations.
Installation of a westbound left turn signal on Washington Avenue (northbound) as it
intersects with 5th Street.
2. Installation of signal control devices at the intersection of South Pointe Drive and Ocean
Drive.
3. Readjustment of all signal timing at the intersection of Collins Avenue and 5th Street.
4. Reconfiguration and restriping of the South Pointe Drive and Ocean Drive intersection, to
provide for a left turn lane or shared lane.
5. Installation of eastbound left turn lane (striping) for 2 or 3 vehicle capacity on Celli ns
Avenue (South) as it approaches South Pointe Drive.
6. Developer shall perform a traffic signal warrant analysis sometime in the future, during t 1e
City's peak season (October -April). This analysis shall be conducted for weekday a id
weekend traffic conditions at the intersection of Washington Avenue and South Pointe I>ri, ,e.
The traffic signal warrant analysis shall be performed by Developer within 12 months of t ze
first Phase to be constructed achieving 90% residential occupancy, and shall be submitt °d
to the City within one month after being completed. If the City's Public Works and Plaimi ig
Departments determine that the traffic data or analysis indicates that signalization is
warranted for the subject intersection, then the Developer, at its sole cost and expense, � ill
prepare, submit and obtain all necessary permits from the appropriate City and Co ur ty
agencies for such improvement. All costs associated with the installation of the signalizati )n
will be paid by the Developer and Developer shall complete such installation within 12
months of being instructed to do so, in writing, by the City. If no traffic signal is req air ;d
to be installed as a result of the signal warrant analysis upon completion of the first Phase C)f
Development, this process shall be repeated upon completion of the second Phase C)f
Development. To the extent that the City identifies other development projects tl at
contribute to the necessity of installing a traffic signal at the intersection of Washingt )n
Avenue and South Pointe Drive, the developers of such other development projects shall )e
required to pay their fair share of the cost of such traffic signal and developer shall pay or ly
its fair share of such cost.
7. Installation of eastbound left turn lane (striping) for 2 or 3 vehicle capacity on Washingt )n
Avenue (South) as it approaches South Pointe Drive.
\Iv.l� 1. I'rvv1). S1_)
Developer agrees to pay for its fair share of the following traffic mitigation obligations. Develope is
fair share obligation shall be determined and paid prior to the issuance of the Certificate of
Occupancy for Phase I of the Development on the Ocean Parcel.
1. Developer shall pay its fair share of the installation of dual westbound left turning lanes )n
Alton Road into the 5th Street intersection (State of Florida approval may be required for tl .is
improvement), by paying an amount to be determined by the City, taking into considerati )n
any other development projects that the City identifies as contributing to said mitigation at
the time the final certificate of occupancy is issued for the first Phase of Development on t ie
Ocean Parcel. Such payment shall be in the maximum amount the City reasonally
determines as necessary to meet Developer's commitment, and may be paid in cash or by t ie
deposit of an irrevocable letter of credit or the posting of a bond, in both cases in fora► a id
substance acceptable to the City. Such payment shall be a condition precedent to t ie
issuance of a final certificate of occupancy for the first Phase of Development on the Cce in
Parcel. Upon completion of this improvement, the City shall return to the Developer tie
amount by which the Developer's payment exceeds its fair share of this improvement.
2. Participation in, and contribution to, the City's Electric Shuttle program, as a means of
reducing the amount of vehicular trips generated by Development on the Ocean Parcel duri ig
peak periods (weekday/weekend).
3. Participation in the two (2) City approved traffic mitigation improvement plans for the Mton
Road corridor (6th to 16th Street and 17th to 18th Street). The funding and implementation
of the required mitigation improvements shall be the sole responsibility of the develop ne nt
projects identified by the City for participation.
4. Participation in the Ocean Drive (5th to 15th Street) traffic mitigation improvement Az n,
based on fair share cost. The funding for mitigation improvements shall be the sc le
responsibility of the development projects identified by the City for contribution.
I'IM IIIA L-1-1I9 Dl 11 I.R
Joinder By Mortgagee
Lehman Brothers Holdings, Inc., the owner and holder of the following instruments:
(a) Mortgage recorded in Official Records Book 18053 at Page 615 of the Public Records of
Miami -Dade County;
(b) Assignment of Leases and Rents recorded in Official Records Book 18053 at Page 629 of
the Public Records of Miami -Dade County; and
(c) UCC-1 Financing Statement recorded in Official Records Book 18053 at Page 646 of 1 ie
Public Records of Miami -Dade County
hereby joins in and consents to the foregoing Amended and Restated Ocean Parcel Developmt nt
Agreement and agrees that the real property described as the "Ocean Parcel" on Exhibit "A" tc sz id
Amended and Restated Ocean Parcel Development Agreement is subject to, and entitled to t ie
benefits of, all terms and provisions thereof.
LEHMAN BROTHERS HOLDINGS, INC.
M.
F'.�ATfYrIF,h'1: UCF..\VII9V91)� I �.Ac:R
\Irah 1. I�NO(flyxnl
Name and Title