Loading...
296-98 RDA RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) AL TERNA TIVE PORTOFINO DRI DEVELOPMENT ORDER RESOLUTION NO. 296-98 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, AMENDING THE DEVELOPMENT ORDER FOR THE MIAMI BEACH MARINA DEVELOPMENT OF REGIONAL IMP ACT WHICH WAS APPROVED BY RESOLUTION NO. 75-14762; PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED ON EXHIBIT "A" TO BE KNOWN AS THE ALTERNATIVE MIAMI BEACH MARINA DRI; PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE "ALTERNATIVE PORTOFINO DRI" AND ISSUING A SEPARATE DRI DEVELOPMENT ORDER FOR SUCH LAND; PROVIDING FOR TRANSMITTAL TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RECORDATION IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. WHEREAS, on July l6, 1975, the Mayor and City Commission of the City of Miami Beach pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina Development of Regional Impact affecting properties legally described on Exhibits "A" and "B" ; and WHEREAS, those portions of the Miami Beach Marina DRI legally described on Exhibit "A" are owned and are to be developed by the City of Miami Beach; and WHEREAS, the property legally described on Exhibit "B" , together with the lands legally described on Exhibit "C" are to be owned and developed by the Portofino Entities (as such entities are identified in the Portofino DRI Alternative ADA) as the Portofino DRI; and WHEREAS, the properties legally described on Exhibits "A" , "B" and "C" are or will be in separate ownership, are at different stages of development and are amenable to being severed from one another so as to create two separate and distinct developments of regional impact; and RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) WHEREAS, on August 15, 1997, the Porto fino Entities, with the knowledge ofthe City of Miami Beach, filed an Alternative Amended Application for Development Approval as a substantial deviation to the previously approved Miami Beach Marina DR!; and WHEREAS, the amendments to the previously approved Miami Beach Marina DR! include the bifurcation of this DR! so as to create two separate and distinct developments of regional impact to be known as the Miami Beach Marina DR! and the Porto fino DR! subject to separate and distinct DRI development orders constituting amendments to the original Miami Beach Marina DR! development approved pursuant to Resolution 75-14762; and WHEREAS, on December 1, 1997, the City's Planning Board held a public hearing to consider the amendments to the Miami Beach Marina DR!, after which the board voted unanimously to recommend approval of the request; and WHEREAS, the City Commission of the City of Miami Beach and the Miami Beach Redevelopment Agency held two joint public hearings on this amended development order on April 1, 1998 and April 15, 1998, pursuant to the Notice and Public Hearing provisions of Chapter 380, Section 380.06(11) and Chapter 166, Section 166.041, Florida Statutes; and WHEREAS, the City Commission of the City of Miami Beach has determined approval of this amended development order for the Miami Beach Marina DR! as a substantial deviation to the previously approved DR! is in the best interests of the residents of the City of Miami Beach and furthers the health, safety and general welfare of the City of Miami Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY: SECTION 1. DEVELOPMENT IDENTIFICATION. (a) The legal description of the property included within the Porto fino DR! is attached hereto as Exhibits "B" and "C" . (b) The name of the development is "Portofino." (c) The name of the Applicant is the Portofino Entities, and, as used herein, "Applicant" shall include successors and/or assigns of the Portofino Entities. ... ~':\A1TO\LEVL\PORTOFINlRDA\R~F 4C,RES Al'ri12.199X(~:47I'm) 2 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) (d) The name of the authorized agents for the Applicant are: Clifford A. Schulman, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131 and Debbie M. Orshefsky, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 515 East Las Olas Blvd., Suite 1500 Fort Lauderdale, Florida 33301. (e) Development Summary. 1. The development program approved, subject to the conditions and requirements included in this development order, is as set forth on Exhibit "D". 2. Attached as Exhibit "D" is the project Master Development Plan which identifies the proposed development. 3. Attached as Exhibit "E" is the project Phasing Schedule. SECTION 2. FINDINGS OF FACT. The "WHEREAS" clauses and the Development Summary included in Section 1 (e) as set forth in this Resolution are incorporated as findings of fact. (b) The Portofino DR! is not in an Area of Critical State Concern. (c) The development approved is consistent with the adopted State Land (a) Development Plan applicable to this area. (d) The development as approved is consistent with the City of Miami Beach Comprehensive Plan, the Strategic Regional Policy Plan of the South Florida Regional Planning Council and the State Comprehensive Plan. F:\AlTO\LEVL\PORTOFIN\RDA\R~F 4C.RES A(lriI2,1998{5:47pm) 3 SECTION 3. SECTION 4. SECTION 5. F:\ATIO\LEVL\PORTOFIN\RDA\R~F 4C.RE8 Aprit2. [9911(~:47pm) RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) (e) The development as approved makes adequate provisions for the public facilities needed to accommodate the impacts of the proposed development in accordance with the City of Miami Beach Comprehensive Plan and land development regulations. (f) The development as approved IS consistent with the report and recommendations of the South Florida Regional Planning Council Assessment Report, dated November 3, 1997 CONCLUSION OF LAW. (a) Approval ofthe Porto fino Development of Regional Impact ("DRI") subject to the provisions of this Resolution is consistent with the requirements of Chapter 380, Florida Statutes and is in conformity with all other applicable local and state laws and regulations. APPLICABILITY OF DEVELOPMENT ORDER: The property legally described on Exhibits "B" and "C" shall be known as the "Alternative Portofino DRI." This Development Order shall apply to development of the Portofino DRI. (b) The property legally described on Exhibit "A" shall be known as the (a) "Alternative Miami Beach Marina DRI", pursuant to a proposed ordinance amending the original Miami Beach Marina Development Regional Impact Development Order (Resolution 75-14762) with respect to the property legally described on Exhibit "A," to be adopted by the City Commission on the same date as this Amended Development Order. This Development Order shall not apply to the property legally described on Exhibit "A," the development of which shall be governed by the amended development order amending Resolution 75-14762 as to such property. INCORPORATION OF THE AL TERNA TIVE AMENDED APPLICATION FOR DEVELOPMENT APPROVAL FOR THE PORTOFINO DR! (ADA). 4 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) The Alternative Amended ADA, as consolidated, pursuant to Rule 9J-2.025, ~(3)(b )9, F .A.C., is incorporated into this Resolution by this reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes, and applicable local ordinances. Substantial compliance with the representations contained in the Amended ADA is a condition for approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the Applicant, its successors, or assigns. SECTION 6. INCORPORATION OF COUNCIL ASSESSMENT. The South Florida Regional Planning Council Development of Regional Impact Assessment for the Portofino DRI ("Council Assessment") dated November 3,1997, is incorporated into this Resolution by this reference. SECTION 7. DEVELOPMENT APPROVAL. The Alternative Portofino DRI, as described in this development order, and as represented in the Consolidated Alternative Amended ADA, is approved subject to the following conditions, stipulations and requirements which shall apply to the Applicant, its successors, grantees and assigns, jointly and severally and shall be binding upon the real property described in Exhibits "B" and "C". A. CONDITIONS TO MITIGATE REGIONAL IMPACTS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALL Y, SHALL: l. Incorporate the following into the project design and operation: (a) actively encourage and promote ride-sharing by establishing a car and van pool information program; (b) designate three (3) percent of employee parking spaces, located as close as possible to employee building entrances, for exclusive high occupancy vehicle use; F:\AlTO\I,EVL\PORTOFIN\RDA\R~f 4C.RES ArriI2.1998(~:47pm) 5 RDA Agenda Item 2 C 1 c (Corresponds to Commission Agenda Item R5F 4c) (c) provide mass transit route and schedule information in convenient locations throughout the project, including office complex lobbies and within and adjacent to retail areas; (d) cooperate with Metropolitan Dade County in provisions for future transit amenities; and (e) provide on-site bicycle storage facilities to encourage use of alternative modes of transportation. 2. Design construct and maintain the stormwater management system to meet the following standards: (a) Comply with the regulations and requirements of the South Florida Water Management District (SFWMD) and applicable local government comprehensive plan drainage level of service (LOS) requirements for surface water management in effect at the time of permit application. (b) Install pollutant retardant structures to treat all stormwater runoff at each of the new project outfall structures in accordance with the master drainage plan included in the Portofino DRI Consolidated ADA, and periodically remove pollutant accumulations as required. (c) Use silt screens and aprons during any phase of project construction to minimize any increase in turbidity in adjacent surface waters. (d) Vacuum sweep all parking lots of eleven or more parking spaces and private roadways serving the parking lots at least once per week. (e) Mulch, spray, or sod exposed areas to prevent soil erosion and minimize air pollution. 3. Design, construct, and maintain any additions, expansions, or replacements to the on-site irrigation system to minimize salt water intrusion and in accordance with SFWMD guidelines. When practicable, use recycled water 1";\A'l1U\LEVL\PORTOFlN\RDA\R~F 4C.RES April 2, 19911 (':47I'm) 6 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) for landscape irrigation and other water conserving techniques to reduce the demand on the region's potable water supply. 4. Remove Mellaleuca, Casuariana, Schinus and all other invasive exotic vegetation, as recognized by the Florida Exotic Pest Plant Council in each phase of the development. Place visible barriers around the trees or tree clusters to remain on site, prior to removal of exotic vegetation with heavy equipment. Monitor common areas including, but not limited to, roadways, rights-of-way, easements and public open spaces to ensure that exotic plants do not become reestablished. 5. Provide landscaping on the site that is consistent with City Ordinance #89- 2665, Section 8, as may be amended. Additional criteria for selection of plant materials shall include the following: (a) does not require excessive irrigation or fertilizer; (b) is not prone to insect infestation or disease; (c) does not have invasive root systems; and (d) other criteria as may be appropriate. Use xeriscape principles in design and implementation ofproject landscaping, as practicable. 6. Incorporate the use of water sensors, ultra-low volume plumbing fixtures, self closing and/or metered water faucets, and other water conserving devices/methods consistent with the criteria outlined in the water conservation 7. element of the Miami-Dade Water and Sewer Department's SFWMD Water Use Permit. Prior to the issuance ofthe first residential building permit for the project to be issued following adoption ofthis development order, pay $250,000 to the Dade County School Board to be spent by the School Board as it deems necessary and appropriate to provide and/or enhance educational facilities. F:\A1TO\LEVL\PORTOFINlRD^\R~F 4C.RES Al'riI2.1998(~;47I'm) 7 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) The DRI Annual Report required pursuant to Section 7, C.2. hereof and Section 380.06(18), Florida Statutes (F.S.), shall include an accounting of the number of units for which the Applicant has obtained certificates of occupancy during the preceding 12 month reporting period. Prior to the issuance of a final certificate of occupancy for any building with in the project containing any residential unit, the Applicant shall contribute to the School Board a sum equal to $500 per unit for each unit in excess of 500 units that is covered by any certificate of occupancy. The Applicant acknowledges that the contributions required pursuant to this condition shall be in addition to the Educational Facilities Impact Fees to be paid by the Applicant pursuant to Section 33K of the Metropolitan Dade County Code. The Applicant agrees not to seek a credit in the amount of the contributions against the future Educational Facilities Impact Fee Assessment to be paid by the Applicant in connection with the development of the Project. 8. Pursue with due diligence the objective of utilizing economic development enhancement resource agencies and programs designed to involve small and minority businesses in the development and expansion of permanent job opportunities within the project. Examples of such agencies and programs include, but are not limited to, those listed on attached Exhibit "F". The applicant will attempt to access the range of job skills available in the region and promote greater labor force enhancement. At a minimum, the applicant is encouraged to provide potential commercial tenants with information about employment and training agencies that maintain a database of trained/skilled workers to consider in meeting the project's employment needs. 9. Prior to the issuance of each building permit for development within the project, the Applicant shall demonstrate that the development to be authorized by issuance of the building permit shall not: F:IAlTOILEVLlPORTOf'INIRIlAIR1F 4CRES ApriI2.199K(1:47pm) 8 ~':\ATl1l\I.EVI,\PORTOFIN\RDA\R'F 4C.Rt:S ApriI2,19911(':47pm) RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) (A) Cause the project's new net external P.M. peak hour trips to exceed 1,733 trips. This determination shall be made using the following Maximum Impact Development Scenario (MIDS) Formula: 0.304(R)+0.62(H)+2.37(C)+ 1.14(0)+0.018(5)+333.31 = 1,733 Where: R is # of High Rise Condominium Units (Residential) H is # of Occupied Rooms of Hotel C is # of KSF of Commercial o is # of KSF of Office S is # of Attraction (Live Theater) Seats This determination shall be cumulative and shall include all development which has received a building permit, in addition to the building permit being sought. (B) Cause the project cumulatively to exceed any land use component of the Maximum Development Program Limitations as set forth on Exhibit "D" of the Development Order. (C) Cause the project to exceed the development restrictions of the City's zoning ordinance in effect as of the date of this Development Order and, subject to Section 9 hereof, thereafter, or, with respect to the SSDI North and SSDI South parcels, to exceed the development restrictions set forth in the Development Agreement dated April 17, 1986, recorded at Official Records Book 12873, Page 2612 of the Public Records of Dade County, Florida, as amended or supplemented from time to time. Prior to the conveyance of any portion of the project and prior to the issuance of each building permit for development within the project, the Applicant shall execute in recordable form a Declaration of Allocation of New Net External Trips and Maximum Development Program Limitations in the form 9 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) attached hereto as Exhibit "I" (the "Declaration"). The Declaration shall also be executed by the owner ofthe property which is being conveyed and/or for which the building permit is sought and by the Planning and Zoning Director of the City of Miami Beach, Florida, or his/her successor. The Applicant shall be responsible for recording the Declaration in the Public Records of Dade County, Florida, and shall provide the Planning and Zoning Director with a certified copy of the same prior to the issuance of each building permit for the project. 10. Prior to the issuance of building permits for development which, cumulatively with development related to any previously approved project building permits, will generate more than 1,298 new net external P.M. peak hour trips, construct: (a) an eastbound right-turn lane on Fifth Street at the Alton Road intersection, (b) dual northbound left-turn lanes on Alton Road at Fifth Street intersection, (c) modification of signalization at the Fifth Street/Alton Road intersection to compliment turn lanes to be added in (a) and (b) above. The determination of new net external trips shall be conducted pursuant to the trip generation calculations set forth in Exhibit "G," herein. [Tables 21.B-l through 2l.B-3 of the Porto fino Alternative ADA.] The final geometry for these improvements shall be submitted to and approved by the Florida Department of Transportation, the Miami-Dade County Public Works Department and the City of Miami Beach Public Works Department prior to commencement of this roadway construction. Portofino will construct (with ~':\A'm)\LEVL\PORT{)FIN\ROA\R~F 4C.RES April 2. 19911 (5:47pm) - 10 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) reasonable City approval), cause to be constructed or contribute an agreed amount of funds to construct (a) through (c) improvements described above. ll. Install traffic signal control at the following intersections when warrants for signalization are met, as determined by the applicable governmental entities: (a) South Pointe Drive (f/kla Biscayne Street) and Alton Road (b) South Pointe Drive (f/kla Biscayne Street) and Washington Avenue. All proposed signal warrants will be defined by the following criteria: - Peak hour traffic volumes (weekday and weekend) - Turn movement volumes (weekday and weekend) - Pedestrianlbicycle movement volumes (weekday and weekend) - Roadway Speed limit - Intersection Level-of Service - Sight Distance Clearance - High - Volume Driveway Operations - Accidents - Illegal Vehicular Movements - Safety - Phasing of the Development - Traffic Circulation Patterns for the Area This condition shall expire if signalization warrants are not met within 24 months of the issuance of the last certificate of occupancy for Portofino DRI development or upon the termination date of this development order, whichever shall occur first. 12. Limit primary project vehicle access points to the off-site roadway network to the number and locations shown in Exhibit "H" . All median openings on Biscayne Drive/Alton Road (Northbound) for the left turning movement into the development site, will be required to have a F;\A1TO\IJo;VL\POR1'OF1N\RUA\R~F 4C.RES April 2, 19911(~:47pm) II RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) minimal queue length for the stacking of 4 to 5 vehicles during the peak hour periods (Weekday and Weekend). Ifthe number of vehicles queuing up at the designated left turning bays exceed the five vehicles limit and interrupt the flow of the thru traffic movement during and ofthe observed peak periods, for a total of three consecutive months (90 days), then the installation of a signal device with left-turning arrow shall be provided at athe expense of the developer. 13. Within l20 days of the issuance of a Certificate of Occupancy for any building or portion of any building to be used for non-residential purposes, the Applicant shall submit a Hazardous Materials Management Plan for review and approvals by DERM, FDEP, SFWMD and the SFRPC. A copy of the approved plan shall be submitted to the Miami Beach and Metro-Dade Fire Departments. The plan shall incorporate into the development by lease as long as the property is owned by the Applicant, and incorporate into the development by sale agreement and restrictive covenant when any of the property is conveyed, as applicable, the following provisions: (a) Require that buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. (b) Prohibit any outside storage or hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity such as lawn fertilizers and garden pesticides. (c) Allow inspection by appropriate agency personnel of all businesses on the premise storing, using, or generating hazardous materials or ~':\ATIO\LEVL\PORTOFIN\RDA\R~F 4C.RES Apri12,199K(H7I'm) l2 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) biohazards waste prior to the commencement of operation, and periodically thereafter to assure that adequate facilities and procedures are in place to properly manage hazardous materials and biohazards waste projected to be on-site; (d) Require that any area used for loading or unloading of hazardous material be covered and equipped with a collection system to contain accidental spills. (e) Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and to provide to DERM copies of the following forms of documentation or proper hazardous waste management practices: a. a hazardous waste manifest; b. a shipment to a permitted hazardous waste management facility; or c. a confirmation of receipt of materials from a recycler or a waste exchange operation. (f) Describe response actions and procedures to be followed in case of spills or other accidents involving hazardous materials, biohazards waste or oil; and require tenants to notify appropriate authorities in the event of a release as required by applicable regulations; and (g) Require tenants to comply with all applicable reporting provisions of Title III of the Superfund Amendment and Reauthorization Act (SARA) of the Emergency Planning and Community Right-to-Know Law (EPCRA). 14. Notify state archeological officials at the Division of Historical Resources of the Florida Department of State of construction schedules. Delay construction up to three months in any area where potentially significant historical or F,\A"I"IU\!,EVUPORTOFlNIRDAIIl'F 4C.RES ApriI2,19911(S:47pm) l3 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) archeological artifacts are uncovered, and permit state and local historical preservation officials to survey and excavate the site. 15. No construction of Baywalk facilities shall take place on or over any state owned sovereignty submerged lands, without being permitted under appropriate consents of use for said lands, whether by lease, easement or amendment to any such existing consents of use of such state owned lands. 16. Incorporate energy conservation measures into the design and operation of the project. At a minimum, construct all development in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Consider using natural gas and/or renewable energy sources (e.g. solar heating) for water heating, space heating and cooling. 17. Conduct air quality modeling in accordance with FDEP guidelines prior to constructing any surface parking lot that will result in a peak hour traffic flow equal to or greater than 1,500 vehicles per hour or prior to constructing any parking garage that will result in a peak hour traffic flow equal to or greater than 750 vehicles per hour (including both ingress and egress). The results of this analysts shall be submitted to the SFRPC, DERM, and FDEP for review and approval. A minimum of 30 days will be required for review and approval. 18. No alteration or maintenance, excluding work related to the proposed Baywalk, ofthe existing slip located on the Alaska Parcel, hereinafter referred to as the "slip," shall be permitted without the Applicant having submitted, at least forty-five (45) days prior to the filing of any applications for the requisite environmental permits for such action, a Notice of Proposed Change to a previously approved DRI, to the Department of Community Affairs, the South Florida Regional Planning Council and the City, Said Notice shall F:\A l1'OI[,EV[,\P<)RTOFIN\RDAIR ~F 4C.RES Apri12,1998(H7pm) 14 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) comply with the provisions of Section 380.06(19), Florida Statutes and shall include a copy of the proposed permit applications, along with all supporting data. For the purposes of this condition, the filling of the slip shall be presumed to constitute a substantial deviation and the Applicant shall bear the burden of rebutting, with clear and convincing evidence, that such proposed change does not constitute a substantial deviation. In no event shall any alteration or maintenance, excluding work related to the proposed Baywalk, of the existing slip be commenced or conducted without compliance with this condition and only after applicable approvals from regulatory agencies, with jurisdiction, including the Metropolitan Dade County Department of Environmental Resources Management, the Florida Department of Environmental Protection, the South Florida Water Management District and the Unites States Army Corps of Engineers. 19. During construction on site, use silt screens or staked hay bales around the perimeter of the site to ensure that erosion of fill material or topsoil into the surrounding waters ofBiscayne Bay shall not occur as a result of heavy rains. The applicant shall comply with requirements of the City of Miami Beach and the Dade County Department of Environmental Resources Management as directed. 20. Within 180 days of the effective date of the Development Order, provide for the establishment and maintenance of a public information program within an existing homeowners association for the purpose of educating the Applicant's residents regarding the potential hurricane threat; the need for timely evacuation in the event of an impending hurricane; the availability and location of hurricane shelters; and the identification of steps to minimize property damage and to protect human life. The applicant shall develop and submit to the City, the Regional Planning Council and the Department of ~':\A1TO\LEVL\PORTOFIN\RDA\R~F 4C,RhS April 2, 19911(~:47pm) 15 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) Community Affairs, a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; a public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, friends and public hurricane shelter locations, and other protective actions which may be specific to the development; identification of who is responsible for implementing the plan; and other items as deemed appropriate. Where hurricane shelter space is being made available by the Applicant, it shall be addressed in the plan and shelter managers identified, and specific responsibilities established. Where the proposed development will include a private security force, the plan shall identify how the force will be integrated with the local police personnel or other responsible agencies during an impending hurricane event in order to assist in the notification, warning, and evacuation of the development's residents. The plan shall be developed in coordination with local emergency management officials. The final plan must be found sufficient by the reviewing agencies and must address the recommendations provided by the reviewing agencies. THE CITY OF MIAMI BEACH SHALL: 21. Prior to the issuance of any Certificate of Occupancy, execute an agreement with the City of Miami Beach Fire and Police Departments to ensure the adequate provision of fire and police protection services. 22. Prior to the issuance of a Certificate of Occupancy, meet the City's local concurrency requirements for infrastructure to serve the project. 23. Review project landscape plans to ensure compliance with City Ordinance #89-2665, Section 8, as may be amended, as required by Section 7.A.5. of this F:\ATTO\LEVLlPORTOFlNIRDA\RSF 4C,RES April 2, 19911 (S:47pm) 16 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) development order; and that xenscape principles are utilized in such landscape plans, as practicable. 24. Monitor site development to ensure that exotic plant species are removed. 25. Withhold the issuance of any building permits until the Hazardous Materials Management Plan required in Section 7.A.l3. of this development order is submitted to DERM, PDEP, SPWMD, and the SFRPC. 26. Limit primary project vehicle access points to the off-site roadway network to the number and locations shown in Exhibit "H." 27. Withhold issuance of the first residential building permit and subsequent applicable permits, until compliance with Section 7.A. 7. of this development order, has been confirmed by the Dade County School Board. 28. Withhold issuance of building permits, unless traffic peak hour trip thresholds are in compliance with Section 7.A. 9. and the improvements required pursuant to Section 7 .A.l O. have been constructed as required. 29. Withhold the issuance of Certificates of Occupancy until agreements have been executed between the Applicant and the City of Miami Beach Fire and Police Departments, ensuring the adequate provision of services as a required condition. B. CONDITIONS TO MITIGATE LOCAL IMPACTS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALL Y, SHALL: 1. Local traffic conditions: Prior to the issuance of building permits for development which will generate more than 1515 new net external P.M. peak hour trips, either, at its option, construct (with reasonable City approval), cause to be constructed or contribute an agreed amount of funds to the City to construct the following traffic improvements, subject to all applicable governmental approvals: F:\AnU\LEVL\PORTOFIN\ROA\R~F 4C,Rt:S ApriI2.199M(~:47rm) l7 F:\ATI,()\LEVL\PORTOFIN\RDA\R~F 4C_RES "priI2, 19911(~:47pm) RDA Agenda Item 2 C 1 c (Corresponds to Commission Agenda Item R5F 4c) (a) striping and installation of westbound left turn lane for 4 or 5 vehicle capacity on Meridian Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; (b) installation of westbound left turn signal on Meridian Avenue (south as it intersects with 5th Street); (c) installation of a westbound left turn lane (striping) for 4 or 5 vehicle capacity on Michigan Avenue (south) as it intersects with 5th Street, without any widening of the existing right-of-way; (d) installation of westbound left turn signal on Washington Avenue (south) as it intersects with 5th Street; (e) installation of a westbound left turn lane (striping) for 4 or 5 vehicle capacity on Collins Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; (f) installation of westbound left turn signal on Collins Avenue (south) as it intersects with 5th Street; (g) installation of westbound left turn lane (striping) for 3 or 4 vehicles capacity on Jefferson Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; (h) reset signalization phasing at the major intersections along 5th Street, to give more time for pedestrianlbicycle crossing movements, as may be permitted by the City of Miami Beach Public Works Department and the FDOT: (signalization should be adjusted for weekend traffic conditions, (i) installation of No "U-Turns Permitted" signage along Biscayne Street (a.k.a.South Pointe Drive)/Alton Rd., as it defines the boundaries of the development site. l8 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) The determination of new net external trips shall be conducted pursuant to the trip generation calculations set forth in Exhibit "G," hereto. [Tables 21.B-l through 21.B-3 of the Portofino DRI Alternative ADA.] 2. Police and Fire: Pay its fair share costs of additional police and fire capital equipment that are required as a result of the Portofino Development Order, which costs shall include additional police vehicles for the City in an amount not to exceed two hundred forty thousand ($240,000) dollars, and one fire rescue vehicle in an amount not to exceed ninety five thousand ($95,000) dollars. These fair share contributions shall be paid in accordance with Paragraph 12 below. 3. Storm Drainage: Treat and dispose of all storm drainage on-site and without use of the City's stormwater collection system. In addition, at such time as Applicant is required to design, construct and build the traffic improvements at the southwest corner intersection of MacArthur Causeway and Alton Road, pursuant to the terms of this Development Order, Applicant shall be responsible for the costs of replacement or modified stormwater drainage facilities that are required to maintain the drainage of the parking or other facilities as they exist on the date of the proposed improvement to the intersection noted above. 4. Water and Sewer: Be solely responsible for the cost of any water or sewer main extensions or expansions that are necessary to bring available City water and/or sewer lines to adequately serve any ofthe properties that are part of the Development Order. In the event that the City wishes Applicant to oversize any of said lines for other potential users of the system, Applicant shall only be responsible for its hydraulic share of such oversizing. Washington Avenue and Alton Road Streetscape and Landscape Plans: 5. F:\A'ITO\I,EVIWORTOFIN\RDAIRSF <tCRES Apri12.19911(H7pm) 19 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) Within eighteen (18) months of the date of the final approval of the Development Order, prepare and submit to the City a landscape and streetscape plan for Washington Avenue and Alton Road south of Fifth Street to South Pointe Drive, at Applicant's sole cost and expense. Applicant hereby agrees to participate in the funding of the implementation of such plan[s], provided that the plans are not materially changed without Applicant's consent (not to be unreasonably withheld) and provided further that Applicant's fair share contributions for the funding of the implementation of said plan shall be not to exceed Two Hundred Ten Thousand Dollars ($210,000) for the Washington Avenue plan and Two Hundred Fifty Thousand Dollars ($250,000) for the Alton Road portion of the plans. These fair share contributions shall be paid by Portofino in accordance with Paragraph l2 below. 6. Library Facilities: The City of Miami Beach has the physical facilities available to establish a branch library but is lacking adequate funding for the cost of stocking said library. Applicant will pay to the City of Miami Beach, for the funding of the stocking of said library, the sum of Fifty Thousand Dollars ($50,000) contingent upon changing the name of the library, subject to the process established by Dade County, from "South Shore Branch Library" to " South Pointe Branch Library," as well as the placement of a commemorative plaque to be placed on the Library acknowledging Applicant's contribution. The design and expense of the plaque shall be paid for by the Applicant. These fair share contributions shall be paid by the Applicant, as noted in Paragraph 12 below; provided, however, that the design and expense of the plaque shall be paid for by the Applicant at such time as said plaque is commissioned. F:\ATTOILEVLlPORTOFlNlRDAIRW 4C.RES Aflri12.1998(~:47f1m) 20 F:\A'ITOI],EV],INlRTOHNIRDA\R5F 4C.RF.S April 2, 19911(~:47pm) RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) 7. Electric Shuttle: Provided that adequate stops are adjacent to the properties owned by the Applicant, Applicant will pay to the City its fair share of Fifty Thousand Dollars ($50,000) for the marketing and operation of generic or any other public mass transit initiative. Furthermore, provided that stops are adjacent to Applicant's properties, Applicant will pay the cost of "Electric Wave" transit stop signs, meeting the design approval of the City, at such locations adjacent to the Applicant's properties hereunder as may be approved by the City. These fair share contributions shall be paid by Applicant in accordance with Paragraph 12 below. 8. Booster Pump Station: Provided that the Applicant has consented to the plans therefor (such consent not to be unreasonably withheld), landscaping for the site in an amount of Twenty-Five Thousand Dollars ($25,000) shall be paid by the Applicant. This fair share contribution shall be paid by Applicant in accordance with Paragraph 12 below. 9. Baywalk: Fulfill its obligations for baywalk improvements adjacent to SSDI- North, SSDI-South, and the Hinson Parcel (i.e., south to the northern boundary line of the Federal Triangle Parcel, all as graphically depicted on Exhibit E to the Settlement Agreement by and among the City of Miami Beach, Miami Beach Redevelopment Agency and Westside Partners, Ltd., dated April 15 ,1998 (the "Settlement Agreement"), which is on file with the Clerk of the City Commission, by constructing a public baywalk along the entire length of these properties fronting on Biscayne Bay on (i) the west twenty five (25) feet of the plotted lots, and (ii) any land currently existing west of the west lot line of the plotted lots. In order to complete said baywalk, West Side agrees to fill the western portion of the Hinson Parcel to the western boundary of said parcel, as graphically depicted on Exhibit E to the Settlement Agreement. All construction costs including design and 21 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) construction, including, but not limited to, the seawall (solely along the Hinson Parcel), paving, lighting, street furniture, signage and landscaping are to be paid by the Applicant. These improvements shall be completed upon issuance on any certificates of occupancy for the adjacent parcels; provided, however, that the extension of the public baywalk to the northern boundary line of the Federal Triangle Parcel shall be completed by the Applicant within five (5) years of this Development Order becoming final. lO. Washington Avenue Extension: The Applicant will dedicate, by easement, the extension ofthe public right-of-way of Washington Avenue to serve South Pointe Park, when the closing ofSSDI North occurs (provided that all of the "Final Approvals," as such term is defined in the Settlement Agreement have been obtained); provided, however, that said easement area will be included in any calculations of setbacks or Floor Area Ratio ("F .A.R. "), lot size or any other zoning or planning requirement of the City in connection with the development ofthe parcels encumbered by said easement, and in connection with any condemnation or purchase of the parcels encumbered by said easement, said parcels will be treated as though said parcels were not encumbered by said easement; provided further, that the Circuit Court of the II th Judicial Circuit in and for Dade County, Florida, will retain jurisdiction to enforce the terms of the Settlement Agreement, and if the City fails to calculate the setbacks, F.A.R., lot size or any other zoning or planning requirement of the City, as noted above, or fails to treat said parcels as though said parcels were not encumbered by said easement in connection with any condemnation or purchase of the parcels encumbered by said easement, then Applicant, may file the appropriate action in said Circuit Court of the II th Judicial Circuit in and for Dade County, Florida, to enforce its rights under the aforesaid Settlement Agreement. F:\AllO\LEVL\!,()R'f(W1N\RDA\R~F _ 4C.RES Al'riI2,199H{H7pm) 22 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) 11. Sunset Plaza: The City shall release the pedestrian easement and the southern access easement on the southern side of the building known as the "Yacht Club" on the northern portion of SSDI South and the Applicant will provide plans to the City for: (i) a limited access corridor to the Baywalk not less than forty (40) feet wide which will allow for public access to the Baywalk, as well as emergency vehicle access, and (ii) the driveway access and drop-off parking area required pursuant to the 1986 Development Agreement (as such term is defined in the Settlement Agreement), said interest to be granted pursuant to an easement to be executed by Applicant to the City at the time the existing pedestrian easement is released. The grant of the above-noted easement to the City shall not affect the setbacks, F .A.R., lot size or any other zoning or planning requirements of the City that would affect or limit the ability of the Applicant to fully develop any properties adjacent to said easement. Plans for such access corridor, driveway access and drop-off parking shall be mutually agreed upon by Applicant and the City, and the cost of developing same shall be borne by Applicant. 12. Fair Share Contributions: Within twelve months of this Development Order becoming final, Applicant shall pay to the City the sum of $920,000 in annual payments of $92,000 to fulfill its financial obligations under the foregoing provisions, and said annual payment shall be made every year thereafter for a total of ten (10) years, by cashier's check or other form of bank check, representing 1/10 of the total cash costs, and that payment shall increased by a factor equal to the increase, if any, in the Consumer Price Index, as published by the U.S. Department of Labor, All Items, commencing from the date the first annual payment is due; provided, further, that said increase shall not in any event exceed three percent (3%) compounded annually. In the F:\ATl'l)\LEVL\P()RTOFIN\RDA\R~F 4C.RES AflriI2.199H(~:47pm) 23 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) event that Applicant fails to pay the contributions at the time noted herein, no further building permits shall issue unless and until said payment is made. C. GENERAL CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTL Y OR SEVERALL Y, SHALL: 1. Integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City, and one copy to the Department of Community Affairs within 30 days of the effective date of the development order. The CADA shall be prepared as follows: (a) Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of the development order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. (b) Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 2. Submit an annual report as required pursuant to Section 380.06(18), F.S. to the City, the Council, the Dade County School Board, the Office of Eco-System Management of the Department of Environmental Protection (WPB) and the Department of Community Affairs on each anniversary date of the effective date of the development. F:\AlT(J\J,EVL\PORTOFIN\RDA\R~~' 4C.RES Apri12,1991l(':47pm) 24 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) SECTION 8. 3. Record, within 30 days ofthe effective date ofthe development order, notice of the adoption of the development order in the public records of Dade County pursuant to Section 380.06(15), F.S., specifying that the development order runs with the land is binding on the applicant, its successors, and assigns, jointly or severally. 4. Any obligations of the Applicant under the terms fo this Development Order that are within the control of an affiliate, subsidiary or other entity controlled by the Applicant, shall be fulfilled by any such entity on behalf of the Applicant. CONCURRENCY DETERMINATIONS. The City does hereby perform the requisite concurrency determination and finds that the Alternative Porto fino Development of Regional Impact meets the City's adopted levels of service for transportation, water, sewer, parks and drainage and any other relevant concurrency determinations, as of the date of this Development Order. SECTION 9. DATE UNTIL WHICH DEVELOPMENT NOT SUBJECT TO DOWN- ZONING. UNIT DENSITY REDUCTION OR INTENSITY REDUCTION. January 31, 2012 is hereby established as the date until which the Portofino Development of Regional Impact shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes made by the Applicant in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the applicant, or that the change is clearly essential to the public health, safety, or welfare of the citizens of the City of Miami Beach. Phasing buildout dates shall be consistent with the Phasing Schedule provided in the Portofino Alternative ADA. SECTION 10. ENFORCEMENT OF VIOLATIONS. In the event the Applicant, its successor, or assigns, violates any of the conditions of the development order or otherwise fails to act in substantial compliance with the development order f:\A"ITOILEVLlPORTOFIN\RDAIRSF 4C.RES Arrill, \9911 (':47pm) - 25 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) (hereinafter violator), the City shall have the right to stay the effectiveness of the development order as to the entire project or the tract, or portion of the tract, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in accordance with this action, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 15 days of said notice, the City will hold a public hearing to consider the matter within 30 days ofthe date of said notice. SECTION 11. LOCAL OFFICIAL RESPONSIBLE FOR MONITORING COMPLIANCE. The Director of the City's Department of Planning and Zoning, or his/her designee, is hereby designated as the official who shall monitor compliance with all conditions of the development order and specify monitoring procedures that, at a minimum, require development order conditions to be reviewed by the City prior to issuance of any local development permit. Applicant shall allow reasonable access to the project for this monitoring to assure compliance with the Development Order and all applicable laws and regulations. SECTION 12. ELECTION OF THE APPLICANT. Pursuant to Section 380.06(5)(c), Florida Statutes, the Applicant elects to be bound by the applicable rules adopted pursuant to Chapters 403 and 373 which are in effect when this Development Order is issued. SECTION 13. COMMENCEMENT AND TERMINATION OF DEVELOPMENT. Physical development shall commence within one year from the effective date of this development order. The termination date for completing development is January 31, 2012. The termination date may only be modified in accordance with Section 380.06(19)(c) Florida Statutes. The Applicant's right to develop in accordance with this Development Order requires that the Applicant comply with the requirement specified in Section 7C.3. regarding recordation of this Development Order. January 31, 2012 is hereby established as the expiration date for this Development Order. F:\A"lTO\I.t:VI.\P<IRTOFIN\RDA\R~F 4C.RES Apri12,19911(H1rm) 26 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) SECTION 14. SEVERABILITY. If any section, part of a section, paragraph, sentence, clause, phrase or word of this Resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of invalidity shall not affect the remaining portions of this Resolution and it shall be construed to have been the legislative intent to pass this Resolution without such unconstitutional, invalid or inoperative part herein, and the remainder of this Resolution after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Resolution or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. SECTION 15. EFFECTIVE DATE. This Development Order shall become effective on the effective date of those amendments to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive Plan which are being processed concurrent with this Development Order pursuant to Section 380.06(6), F.S., but in no event shall this Development Order become effective sooner than forty- five (45) days from transmittal of this Development Order to the Florida Department of Community Affairs, the SFRPC and the Applicant; provided, however, that if the Development Order is appealed, this Development Order will take effect on the day after all appeals have been withdrawn or resolved, as provided by law. SECTION l6. REPEALER. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. F:\ATro\LEVL\PORTOF]N\RDA\R~F 4C.RES Al'riI2.19911(~:47pm) 27 RDA Agenda Item 2 C 1 c (Corresponds to Commission Agenda Item R5F 4c) SECTION 17. TRANSMITTAL. The Secretary of the Agency is instructed to transmit a copy of this Development Order and all Exhibits attached hereto to the Florida Department of Community Affairs, the South Florida Regional Planning Council and the Applicants Agents, as required pursuant to Section 380.07, F.S. PASSED AND ADOPTED this 15th day of April ,l998. ~f! CHAIRMAN ATTEST: ~~Af~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUnON ~ F:\A1TOII.EVLlPORTOflN\RDAIR5F 4C.RES A.l'ri12,19911(S:47pm) 28 RDA Agenda Item 2 C Ie (Corresponds to Commission Agenda Item R5F 4e) LIST OF EXHIBITS TO THE PORTOFINO DRI DEVELOPMENT ORDER RESOLUTION NO. Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "I" F:\AlTO\LEVL\I'ORTOfINlRDA\R~F 4C.RES AflriJ2.199M(~:47I'm) Legal Description of Miami Beach Marina DRI as Amended (the core parcel and the Marina) That portion of the Miami Beach Marina DRI being incorporated into the Portofino DRI (North and South SSDI) Additional Properties owned by the Porto fino Entities being incorporated into the Porto fino DRI DRI Master Development Plan and Development Program Table Project Phasing Schedule List of Economic Development Enhancement Resource Agencies and Programs Trips Generation Calculations Graphic of Project Vehicle Access Points Declaration of Allocation of New Net External Trips and Maximum Development Program Limitations 29 Exhibit "A" -: CORE PARCEL All of Lots 22 through 29, inclusive, and Lot 21, less the southerly 40 feet thereof, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida; together with a 40-foot right-of-way on the Bay side of Rebecca and Hope Tower property, (being Lots 15 through 20 inclusive and the southerly 40 feet of Lot 21 in Block 111, of OCEAN BEACH FLORIDA ADDITION NO.3); together with an easement over or under and upon the westerly 100 feet of Lots 30 and 31, ail in Block 111, OCEAN BEACH FLORIDA ADDITION NO.3, as recorded in Plat Book 2, page 81, of the Public Records of Dade County, Florida. Together with: The West 2 feet of Lots 15 through 20, inclusive, and the westerly 40 feet of the southerly 40 feet of Lot 21, in Block lIl, of OCEAN BEACH FLORIDA ADDmON NO.3, according to the Plat thereofas recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida. REBECCA AND HOPE TOWERS PARCEL Lots 15-20, inclusive, in Block 111, OCEAN BEACH FLORIDA ADDmON NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. MARINA PARCEL A portion of land lying West of and adjacent to Block 111 of OCEAN BEACH, FLORIDA ADDITION NO. 3 according to the Plat thereof as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. More particularly described as follows: Commence at the Northwest comer of Section 3 for 1550.00 feet more or less, to a point on the East line of Block 90 of aforementioned Plat; thence run S 0030'00" E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 82, 81, 80, 79, and a portion of Block III and along their extensions for 5207.00 feet to the Southeast comer of Lot 1, Block 111, for 260.00 feet to a point on the East waterline of Biscayne Bay, said point also being the Point of Beginning of Tract of land hereinafter described: thence run N 32000'00" W 300 feet west of and parallel to the Westerly Right of Way line on Alton Road for 2150.00 feet to a point, thence run N 25037'26" W for 335 feet to the Northwesterly comer of a Lot designated 50-C less the Northerly 15 feet thereof as shown on the Amended Plat of Lots 43 to 50, Block 111, Ocean Beac~ Florida, No.3. recorded in Plat Book 14 at Page 70 of the Public Records of Dade County, Florida; thence run S 58000'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000'00" E for 1264,00 feet to a point; thence run S 58000'00" W for 150.00 feet to a point; thence run S 32000'00" E for 500.00 feet to a point; thence run N 58000'00" E for 150.00 feet to a point; thence run S 32000'00" E for 772.00 feet to a point; thence run S 67036'06" E for 438,00 feet to a point; thence run N 58000'00" E for 330,00 feet more or less, to other land of the City of Miami Beach; thence run 32000'00" W for 368.00 feet, more or less, by other land of the City of Miami Beach to the Point of Beginning; containing 1,648,9Il square feet (37.85 acres) more or less. 1 Exhibit "B" SSDI NORTH PARCEL Lots 30 through 42 inclusive, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida, together with the accretions thereto; ALSO; Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C of DADE COUNTY PROPERTY, according to Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of Dade County, Florida, together with the accretions thereto. SSDI SOUTH PARCEL Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDmON NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public Records of Dade County, Florida, together with the accretions thereto; ALSO; That Part ofBiscayne Street (also known as Biscayne Avenue) as shown on said Plat of OCEAN BEACH ADDmON NO.3, lying westerly of the southerly projection of the west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on the west by Biscayne Bay, together with the accretions thereto; ALSO; All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East, described as: Beginning at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue extended Southerly across Biscayne Street as a point or place of beginning; thence Southerly continuing the Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point; thence Westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the Bay to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Section 10, 285.0' more or less to the point or place of beginning (the Northerly boundary of said Section 10 being common with the Southerly boundary of Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10 Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows to wit: Bounded on the North by the Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together with the accretions thereto. Exhibit "c" GOODMAN TERRACE PARCEL Part of the Northwest quarter of Section la, Township 54 South. Range 42 Eas~ described as follows: Begin in North line of Section 10, which line is also South line of Biscayne Street at its intersection with East line of Jefferson Avenue extended; then South in line drawn at right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel with South line ofBiscayne Street to West line of W a..~hingtonA venue; thence, North along West line of Washington Avenue; thence, North along West line of Washington Avenue to its intersection with South line ofBiscayne Street; thence, West along South line ofBiscayne Street to point ofbegjnnine. Also descn1>ed as: all that part of North 132.0 feet of Section 10-5442 known as Smith Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on West by East line of Jefferson A venue extended; on South by line parallel to and 132' South of North line of Section 10; on East by West line of Washington Avenue extended. . IDNSON PARCEL BLOCK 8, SOUTH BEACH PARK SUBDMSION, recorded in Plat Book 6, at Page 77,. . of the Public Records of Dade County, Florida, less and excepting therefrom the following' two dedications: . A 50.00 foot dedication in BLOCK 8, SOUTII BEACH PARK SUBDIVISION, recorded in Plat Book 6, Page 77, of the Public Records of Dade County, Florida. Said 50.00 foot .". dedication being described as follows: Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of the Government Reservation shown hereon; Bounded on the East by a line parallel to and 50.00 feet distant Easterly of, as measured at 9O-degrees to the Westerly line, of said BLOCK 8; Bounded on the West by the Westerly line of the above-referenced BLOCK 8, said Westerly line also being the Easterly line ofBiscayne Bay. A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida. Said 40.00 foot dedication being described as follows: Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded on the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line also being the Northerly boundary line of the Government Reservation shown hereon; Bounded on the east by the Westerly line of Washington Avenue, said Westerly line also being Easterly line of BLOCK 8; Bounded on the West by a line parallel to and 40.00 feet distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-referenced Washington A venue. ALASKAN/COOK INLET PARCEL ..A parcel of land and accreted land located in Section 10 Township 54 South, Range 42 East, Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at a 100inch-square concrete monument located on the northerly boundary of the U.S. Army Corps ofEngineexs Reservation, being the westemmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat Book 6, Page 77, of the public records of Dade County; said monument designated "C" having grid coordinates ofX-784,440.39 and Y-521,912.47. Said monument also lies approximately South 24 degrees 27' 26" West a distance of 592.30 feet South of and North 65 degrees 36' 16- East of a distance of 554.97 feet West of the northeast comer of the northwest 1/4 of Section 10, Township 54 So~ Range 42 East. From said Point of Beginning run thence South 24 degrees 25' 50- West a distance of 420.43 feet, more or less, to the Mean High Water (ME.W.) line of the northerly shoreline of the ."Government Cut" for the entrance channel of the Miami Harbor; thence North 65 degrees 35' 19- West along said M.H. W. line a distance of 261.59 feet to a point on a bulkhead; thence North 31 degrees 08' 28'" West along said bulkhead a distance of242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having. a grid coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 . 41- East a distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91 and Y-S21,966.S2; thence North 87 degrees 38' 3T East a distance of 208.58 feet to Monument "0", having a grid coordinate ofX-784,302.32 and Y-521,975.14; thence South 65 degrees 35' 12- East a distance of 151.63 feet to Monument "C" and the Point of Beginning. BLOCKS 51 AND 52 PARCELS Lots 21, 22, 23, 24 and the West Y% of Lot 25, in Block 51, of OCEAN BEACH., FLA. ADDmONNO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida. Lots 4; 5, 6, and the East 22 feet of Lot 7, in Block 52, of OCEAN BEACH. FLA. ADDmONNO. 3, according to the Plat thereof. as recorded in Plat Book 2. at Page 81. of the Public Records of Dade County. Florida. Lots 19,20 and the East one-half of Lot 25, and all of Lots 26. 27, and 28, in Block 51, of OCEAN BEACH. FLA. ADDITION NO. 3, according to the Platthereof,as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida. Also, a 10.00 foot strip of land shown on the referenced Plat as a 10.00 foot walk.; adjacent to and bounded on the North by the Southerly line of above referenced Lots; bounded on the South by the Northerly line of Biscayne ~treet, said line being 10.00 feet Southerly of the Southerly line referenced Lots; bounded on the West by the Westerly line of Lot 19, extended Southerly; bounded on the East by the Easterly line of Lot 28 extended Southerly; Lots S, 6, 7,11, 12 and the Easterly 26 feet of Lot 8, in Block 51, of OCEAN BEACH, FLA. ADDmONNO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida. Lots 25,32, and 33, in Block 52, of OCEAN BEACH, FLA. ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2. at Page 81, of the Public Records of Dade County, Florida. . Lots 9, 10, and 11, in Block 52, of OCEAN BEACH, FLA. ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida. BISCA YNE COURT A parcel of land lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Dade County, Florida; and being more particularly described as follows: For a Point ofBegjnning cOmmence at the northwest comer of Lot 19, Block 51 of OCEAN . BEACH, FLA. ADDITION NO.3, according to the plat thereot: as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; thence N 120 46' ~ W, for a distance of 7.50 feet; thence N 770 13' 28'" E, for a distance of 60.00 feet; thence N 12046' 09'" W, fora distance of 7.50 feet to a point on the Southwest comer of Lot 12, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmONNO. 3; thence along the Southerly lot line of said Lot 12, Block 51, N 770 13' 28- E, for a distance of 60.00 feet to a point on the Southeast comer of Lot 11, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmONNO. 3; thence leaving said Southerly lot line, S 12046' 09- E, for a distance of 7.50 feet; thence N 770 13' 28'" E, for a distance of 63.18 feet; thence N 12046' 09- W, for a distance of 7.50 feet to a point on the Southwest comer of Lot 8, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmONNO. 3; thence along said Southerly lot line; N 770 13' 28- E. for a distance of 116.00 feet to the Southeast comer of Lot 5, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmON NO.3; thence leaving said Southerly lot line; S 12046' 09- E, for a distance of 15.00 feet to a point on the Northeast comer of Lot 28, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDmON NO. 3; thence along said Northerly lot line, S 770 13' 28- W, for a distance of 300.00 feet to the Northwest comer of Lot 19, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3, said point also being the Point of Beginning. Containing 0.082 acres, more or less. COMMERCE COURT A parcel ofland lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at the Northwest comer of Lot 25, Block 52 of OCEAN BEACH, FLA. ADDmON NO.3, according to the plat thereof, as recorded in Plat Book 2, at Page 81. of the Public Records of Dade County, Florida; thence N 12046' 09- W, for a distance of 10.00 feet; thence N 770 13' 28'" E. for a distance of 30.00 feet; thence N 120 46' 09' W, for a distance of 10.00 feet to a point on the Southwest comer of Lot II, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Southerly lot line N 770 13' 28'" E, for a distance of 90.00 feet to a point on the Southeast comer of Lot 9, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence leaving said Southerly lot line S 12046' 09- E, for a distance of 10.00 feet; thence S 770 13' 28- W, for a distanceof90.00 feet; thence S 12046' 09- E, for a distance of 10.00 feet to a point on the Northeast comer of Lot 25, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDmONNO. 3; thence along said Northerly lot line S 770 13' 28- W, for a distanceof30.00 feet to the Northwest comer of Lot 25, Block 52 of the aforementioned OCEAN BEACH. FLA. ADOmON NO.3; also being the Point Of Beginning. Together With: . For a PointofBeg;nning COmmence at the Southeast comer of Lot 4, Block 52 of OCEAN BEACH, FLA. ADOmON NO.3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records ofOade County, Florida; thence leaving said Southerly lot line S 12046' 09' E. for a distance of20.00 feet to a point on the Northeast comer of Lot 33, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Northerly lot line S 770 13' 28- W, for a distance of 60.00 feet to a point on the Northwest comer of Lot 32, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDmON NO.3; thence leaving said Northerly lot line, N 12046' 09- W, for a distance of 10.00 feet; thence S 770 13' 28- W, for a distance of 51.70 feet; thence N 12046' 09- W, for a distance of 10.00 feet to a point on the Southerly lot line of lot 7, Block 52 of the - aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Southerly lot line N 770 13' 28- E, for a distance of 111.60 feet to a point on the Southeast comer of Lot 4, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3, also being the Point of Beginning. Containing 0.067 acres, more or less. WASHINGTON A VENUE EXTENSION A parcel ofland lying and being in Section 10, Township 54 South. Range 42 East, Dade County, Florida, and being more particularly described as follows: F or a Point ofBeg:inning commence at the North line of said Section 10, also being the South line of Biscayne Street, at its intersection with the West line of Washington Avenue . . extended; thence along the West line of Washington A venue extended bearing S 100 46' 31- W t for a distance of 660.63 feet, more or less, to the Mean High Water (MHW) line of the Northerly shoreline of the "Government Cut" for the entrance channel of the Miami Harbom-; thence S 650.35' 19" E, along said MHW line for a distance of26.30 feet; thence leaving said MHW line, N 24025' 50- E for a distance of315.32 feet; thence N 10046' 3r E, for a distanceof108.11 feet; thence N 650 35' 12- W, for a distance of 62.02 feet; thence N 100 47' 35- E, for a distanceof246.97 feet to a point on the North line of Section 10, also being the South line ofBiscayne Street; thence along said North line and South line S 87038' 5T W, for a distance of 40.87 feet to the Point of Beginning. Containing 0.932 acres, more or less. Exhibit "D" "5 Q c.: = g < Ii ~ ~ ~ g POQTOflNO 5 Ii Ii > Ii ~ > < < ~ :i = ; :'9 GROUP ... ~ ::; :E ~ "i ~ .::! ~ w ~ ~ ,r--, Legend PORTOFTNO DRl DEVELOPMENT PROGRAM IlSE ANTT("1'pA 11=0 MA XTMr I'M Residential 1.400 units 2,500 units Retail 258,000 S.F. 120,000 S.F. LiveThcater 800~ 400.000 S.F. 250.000 S.F. 800 seats OffICe Hotcl 250 rooms 700 rooms SSDI North Water Tower Triangle SSDI South End Parcels End Parcels End Parcels Hinson Existing - · - Miami Beach Marina DRl Alaska Parcel _ Portofino Alternative DRl Federal Triangle rLrl o !SO SOOFT Source: Dame.r &: Moore Dale: July /5. /997 Traffic: Kimley-Honr / Engineering: Dames &: Moore / Planning: Sasalci Associates / LegaL: Greenberg Traurig ETI PORTOFINO ALTERNATIVE DR! -- Exhibit "E" .. r-1 ....;:! ;J Q r-1 = U fI.:2 C Z - fI.:2 < = ~ - =: Q o Z - r. o ~ ~ o ~ E--o E--o E--o E--o :I: :I: ::I: :I: c.. c.. c.. ., c.. ~ ~ ::E Co 'i: ~ c.. c.. c.. ~ c.. -- ~ ~ q) - z z z q) Z QO 0 M N ~ 0- M \0 N~ ~~ r"~ r" - - - - q) q) Co (,) (,) -- ~ c c c CoI c ca ca q) c cu cu E U c:l c:l Q. 0 ~ "$. "$. 1) ., ;J 0 V\ > V\ r" q) ~ + + 0 c <: <: <: Cii . ....;:! 0 0 0 - c.. c.. c.. ~ c c - - CoI :s ~ - 0 N r" N ., 0 0 0 - c 0 0 0 0 C N N N N U ~ ~ ~ ~ ~ tIS ca C :s :s :s :s f;r;1 c a c c tIS ca ca -. -. -. -. c c - - CoI E - ., r" 0- N r" C 0\. 0- 0 0 C Q\ Q\ 0 0 u - - N N a ~ ~ ~ ~ "&, tIS tIS tIS ~ :s :s :s :s = a c c C tIS ca ca -. -. -. -. ~ ., tIS - N M ~ -= ~ - >. c . lIS C :; -;:; o ~ :E: ~~ ~o ." C ~ '" ~ = u c~ ~ ~ u c ::2;; u c :8 ~ e ... = .~ <( ao ~<( ~"O u u .s"g '" U 5 ~ u u .8: ~'o s- uN '" C . 0 -a"E ~~ =c u - -E ~ lIS C Cou . 5 ~. ~ u 0 =6. - 5 5- "0 "0 - u u"O ... C . U c 5 .95 U 8 E e '" u 5: u c... - o~ c'; u u 5"0 8>= c e u Co 5 . ",so!! .E- 8 ~ ~ Co '--55 _ c.;;__ ::1",- o U <= :I:<<is ~ ~.Co ~ !II e II ,g ~ f-'::u ::c<~ Co. <= '" u o :z TRAiNiNG A"ID L eAFtOYMENT COUNOl .w. S21d A~nt.Kil. ~ 3CO OF SOUTH A.ORDA Micmi. Acoc:!c 3.3122-1029 ~/ - - ~ - ~ - - ,~ TelQctlone "..- -- - - - - - -- ~ (:305) 594-7615 ------ ~ ~ - ~ --- - ~ M/'lc:'l 4nfU '''''''''''''';''~''''': =. ., \'^A.lJ -.n13 TEe Service Provider Agencies (Program Year 1996-1997) 1. AlA Employment of Miamr 3050 Bisca.yne arveL, #100 Miami, Fl 33137 Ph: (305) S~333 Fen:::: (305) 5 ~2S 1 [ptogr.uns; II-A, IJ.C. 1/1, ~eesJ 2.. Abilities of Aorida, (nc. 6602 5'W 57th Avenue Miami, Fl 33143 Ph: (305) 669-0981 Fu: (305) 669-0989 r . Programs: llA (disabled) ] 3. Adult Manlcind Organization 300 East fst Avenue, #127 Hialeah, Fl 33010 Ph: (305) 88.;.0796 Fax: (305) 885-2141 . [~: ll-A, ll-C. l/f,RefUgees ] 4. Beacon Can:!er Institute 2900 NW 183rd Street Miami, Fl 33056 Ph: (3OS) 62004637 Fax: C3oS) 62G-3679 [ ProgTa/n$: 1M J Exhi bi t "F" 6. Catholic Community Svcs. rResea:fement Program) 60 East 3rd S~ #206 Hialeah, Fl 33010 PtI: (305)883-455.5 Fu: C30S) 883-4498 l Prosrams: Refugees J 7. Orristian Community Service Agency (CC5,4J 3899 NW 7th SlTel!t,. 1200 MIami, Fl 33126 Ph: GOS) S414SS1 Fax: (305) 541-5228 [Programs: //-A. I~ 1//, Re~ 1 Wso IOQ~:J · 240 E. 1st Avenue, 1203 Hia~ Fl 33010 Ph; C30S) 888-5291 · 139a SW lit'SlnleC MIoImI,. Ft" 3J 13S Ph: C30SJ 649-0682 · 225 NVV 7th Streit, 1203 Miami, R. 33137 Ph: GO!) 576-0023 · 311 NE azn s~ 1104 ~ FL 33a3o Ph: aoS) 2<43-3395 8. Cuban American National Council 300 SW 12th Ave., #324-8 5. Business Etc., Inc. Miami, Fl 33 i 30 10550 NW 77th Ct, #310 Ph: (305) 642-9447 Hialeah Gardens, Fl330 16 fax: (305) 649-4550 Ph: (305) 267~7lJ7 .2~cc;'r Programs: 1M IJ-C. !/l, RefUgees 1 Fax: (305) S3'&r;~ A" 5~- ~ I (Also 10Clt.ed:) ~.(J JS Jf'"' ~ i...Rf. · 1m SoN 4lh $tree( [ 1 MIamI. R. 33t35 Programs: 'f-A. fTl~ Re~ Ph: C30S) 642-3-4a4 · 2~ Em 1st A~u., #.221 HWdt. FL 33010 Ph; ~~79TO · S353 SW 124lh S~ '201 MWnr, R.. 33156 Ph: C3OS) 233-tt 30 9. Dade County Public Schools (Troy Community I-.c:ademy) 3300 NW 27th A~ue Miami. Fl-33142 [ Programs: II-C J Ph: C3OS) OJ8.09sa Fax: 005) 63U042 [ 10. Easte.- Seal Society of Dade County 1475 NW 14th AVBnue Miami. Ft '33125 Programs: 1M (cfrsab~'l . IJ-C (d"JSabIed) _ Ph: (305) 32>0470 Fax: (305) 325-0578 11. Epilepsy Foundation of South Rorida. Inc. 7300 N. Kendall Dr., Ste.. 700 Miami, Fl 33156 Ph: C3Q5) 67CJ.4949 Ftc: (3~) 670-0904 . [ PfOgJams; k/ugees 1 12. Florida Keys Employment &: Training Council 812 Southard Street Key West FL 33040 Ph: 1.305-292-6762 Fax: 1.305-292~, [ Programs:' If-I.., l1-C,. 111 '. 27. Miami, Qty of (Neighborhoc<f Jobs Program) 300 Blscayne Blvd. W~ Ste. 325 Miami, Fl 33131 Ph: (3OSJ 579-2463 Fax: (05) 579-2431 [ p~: 1M II-c. /JI,R.eiugees ( .27. New Directions Employ- ment &: Training Servi~ 5555 Biscayne Blvd. Miami, Fl 33137 fib: (305) 7S9-3S00 Fu: C30s) 757-2540 Programs: 1M (rfCMbledJ. IK (disabled), /II, R.eiuge!!S 28. North Dade Chamber of Commerce 18350 NW 2nd Awnue Miami, Fl 33169 Ph: (305) 69Q..912S Fax: (305) 69Q..9124 Programs: {I-A IS-C. If1 J 29. Opa-locka, City of' (Youth Development Project) 777 Sharazad Bl\d OpoHodca. Fl 33054 Ph: (305) 953-2871 Fax: (305) 953-287SJ I Prcgrams: II<: _ 30. Oppommities lndustriali. zation' Center of Dade County (01C) 502:2 NW ~ Avenue Miami, FL 33127 Ph: (305) 753-952S Fax: (3QS) 758-9132 1 Programs: 11-~ ll/, ~ft.rgees 1 3 1. Pierre Toussaint Catholic ~ter, It!<:. 110 NE 621lG Street Miami, Fl 33138 Ph: (305) 753-2462 F4X: (305) 753-3216 Programs: I/J, Refugees 32. Richmond-Perrine Optimist Oub 9955 West. Indigo Street Miami, FL 33157 Ph: ('305) 233-9325 Fa:c (3OS) 232-7815 Prognms: II-A, III 33. Riverside House 75 SW a6' S~ Ste. 310 Miami, Fl 33130 Ph: (05) 381-8638 Fu: (305) 374-4375 [ ProgTam$: Refug~ J 34. SABER, Ine. 3990 W. Flagler Street Miami, Fl 33134 Ph: (305) 443-7041 Fax: (305) 443-8441 [PrcgtCUn$: 1M l/-C, /11, Re~...s I 35. Si:R-jobs For Progress 42 NW 2m Ave., Sre. 421 Miami, Fl 33125 Ph: (305) 649-7500 Fax: (305) 044-2100 L Programs: II-A. IJ-C. fl/kfugees I Wso Icc:ated:) · (Ho~.lobs &. ~ 381 N. KromeAve1lJe t-'.omestead, R. 33030 Ph: GOS) 2~7-74761247-5468 35. Small Business OpPortunity Center, lnc. CSBoq 1417 W. Ragle:- St., 31l1C FlOor Miami, R. 33135 Ph: (305) 643-1555 Fax: (305) 541-2181 r Programs: 1/1. ~fu~ ] 36. Soday for Haitian Advancement, Recognition and fdt.'Gttioo (SHARE) SCOO BiSQ;yr1e Blvd., Ste., 102 Miami, Fl 33127 Ph: ~5n.g17S F.u: (305) 576-0803 L Programs: 1M Rdugees J 37. spinal Cord Uving- AssistanQ:! Development,. lnc. (sCLAD) 24C E. First Ave., Ste.. 122 Hialeah, Fl 33010 Ph: ('305) 887-8833 Fax: ~5)=884-7606 L Programs; 11-A, (J-C 38. T ransitfon, Ene. 390 N'N 2nd Street Miamil Fl .33128 Ph: (305) 374-1987 Fax: (05) 539-9141 r Programs: IJ.C kfugees 39. Vankara TechnlcaJ Institute 13331 Alexandria Drive Opa-lodca, R. 33054 Ph: C3O.5) 081..0 121 Fou: (305) 68S-7SS1 r Pro~: II-A I 13. Ronda. National College 4206 W. 12th Ave.,ue Hialeah, FL 33012 Ph: (305) 821-3333 f-.u: (3OS> 362~59S [ Programs: 1/'"1'\ 1lJ ] Wso Icx;;1.tJ!d:J · t 1373 W. ~ Sln!et MJamI, FL 33174 Ph: CWS) 2:!6-9999 . 6a4O 'SIN 40th Sa'el!C MWni., Fl 33155 ~ C305} 663-6464 14. Haitian American Community Assodation or Dade County (H.-\OD) 8037 NE 2nd Avenue Miami, Fl 33138 fib: (305) 7S 1..3429 Fu: (305) 151-4523 [ Programs: Il.-A, IJ..C, Refugees 15. Haitian American Foundation, Inc. <HAFI) 8340 NE 2nd Avenue Miami, FL33138 Ph: (3OS) 758-3338 Fax: (305) 758-3238 . [ Programs; RefUgees J 16. Hialeah, at'{ of (HAYES Program) 240 East 1st Avenue,. 1208 P.o. Box 110010 Hialeah, R. 33010 Ph: (3OS) 88U925 Fax: (305) 8~910 [ ~ ll-A, Il-C. fIl, kfugees 1 17. HTspanic Coalition 5659 W. Flagler Street Miami, Fl 33134 Ph: C3OS) 262~60 Feu: aOS) 262-OS18 l Programs: 11/, Refugees I 1 B. James E. Scott Community Assoc.. (JESCAJ . 2400 NW 54th Street Miami, FL 33142 Ph: (305) 633-4070 Fax: OOS) 638-4642 l Programs: II-A. II-C.. III J 19. Jewish Voc::ational Service 735 NE 125th St, 3m Floor North Miami, Fl 33161 Ph: (05) 899-8309 Fie:: (305) 899-3728 Programs: /I-A (azsabJed), /l-C (d"rsabled), Refu 20. job Depot 6301 Bisca.yne Blvd., #202 Miami, FL 33138 Ph: C3QS) 750.5627 Fa.x: (305) 75~292 l Programs: Refugees , 20. Jobs For Miami 7900 NE 2nd Ave., 6th Floor Miami, Fl 33138 Ph: (305) 759-6511 Fax: (.305) 759-7639 [ Programs; 1M Il-C, /JJ 1 V'\iso 10Qlted;J · Valentino V~~ Mdl 8-498 SW 8th Street. StJ:. 224 MQrni. Ft. 331<44 Ph: C3OS) 26g......asl S · HbJuh Pa.Im Ceruer 60 E.3n1~StL2ft H"taleah. R. 33010 f'ft: (3OS) 863-23ST 21. Key Power Technical Insdtllte, 'nc. 613 NW 7th Street ~iarni, Fl 33136 Ph: (305) 371-5555 Fax: (305) 371-1572 [ ProgT;1ms: lJ-A. ill 1 22. utin o,ambe, of Commerce (CAMACQtJ 14 T 7 W. Flagler Street Miami, Ft 33135 Ph: (05) 642.3870 Fax: (JQS) 6-42-0653 r Programs: I~ kfugees ] 23. LIttle Havana Activities &: Nutrition Center 700 SW 8th Street Miami, Fl 33130 Ph: (305) 85+9267 Fax: C305) 854-&243 [ Progr.zms: 'I-A. R.efugees J 24.lutf1e-an Ministries or Florida 9499 w. F~er Street MJam., Fl 33174 Ph: C3Q5) SS~l177 Fax: C3OS) 55909509 t Programs: RSugees 1 25. Metro-Dade Communi~ AaionAgency 395 NW First St;. Ste. 201 Miami. FL 33128 Ph: (305) 347-4685 Fax: (305) 3n~745 [ fro:rams: //-1'\ Refugees l 26. Metro-Oade Oept of Human Services (Targeted Services Program) 1401 S'N First. St, Ste. 101 Miami, Fl 33135 Ph: (305) 649-4063 Fa:c (JUS) fM3-8555 Programs: 1M Reftrgees , 40. Young Women's Christian Assoc:. (YWDJ 351 NW 5f1 Street: MiarnC, FL 33128 Ph: (305) 377-9922 ~ (305) 530-&271 or 373-9922 l Programs: II-A ] 41. Youth Co-Op, 'nc. 801 NW 3'" Ave., #212 Miami, Fl 33125 Ph: (305) 643-6730 Fa: (3OS) 643-190. L~ 1M If-C 111,Reusees J Wso~ · (Wdd.....,.. '1M SW 24* St.o $Ie. 6 MiamI, FL 33165 . Ph: (3QS) 201-2"99 · hrine1: 1U26 S. DDde Hwy. MWnl,. FL 33157 Ph: OOS) 25"5-3188 · CHlaIeIbJ: 1800 W. -tgl" St.. Slit. 100 HialeIh, R. 33012 "'= (05) 82J.n61 · topJ--dca): ~ only -490 ep...Ia da BMl Opa.b:b, FL 33054 Ph: (05) 687-2886 ~ Land Use High Rise Condo Retail Office Live !heater Hotel Exhibit "G" P.M. PEAK HOUR TRIP GENERAnON ITE Code 232 820 710 441 310 Trip Generation FQllnula T .. 0.338(X) + 19.962 LN(T) .. 0.637LN(X) +3.553 LN(T) .. 0.737LN(X) +1.831 T .. O.02-(number of seats) LN(T) .. O.957LN(nwnber of rooms) _ 0.070 Note: a 10~ internal capture should be applied for the total P.M. peak hour trips estimated using the formulas above. In addition. . pass-by capture of 15,. should be applied lor retail trips. SOURCE: ADA Exhibit "H" I ~ PORTOFINC (Mp _ Il'UT ! I ! I _ IwaT LEGEND ~ DRIVEWA Y ACCESS IT] .. Not To Scale PORTOFINO DRI PORTOFINO DRI Driveway Access Loca tions Figure 21.G-J <60024C'l'\pCIRTo-~ '-1~" 8-J3-g7 Traffic: Kimler-Ho17l/ !n(ineerinc: Dsmes ~ J1oore/ Planninc: Suski hsocista/ Leca1: G~~rr TnUr1l EXHIBIT I to Alternative Portofino DRI Development Order Preoared Bv: rFIRSll DECLARATION OF ALLOCATION OF DEVELOPMENT LIMITATIONS This [First] Declaration of Allocation of Development Limitations ("Declaration") is made as of this day of , 1998 by , a Florida ("Ow") having a mailing address of , in favor of mailing address of ("Permitee"I"Grantee") having a . lteBrrs Owner and Permitee/Grantee as used herein shall in every instance include the assigns and successors-in- interest and title of each of the parties hereto. WLLN..E~~E-L.!:f WHEREAS, Owner intends to obtain a development permit for and/or to convey, transfer and set over unto Permitee/Grantee that certain parcel of unimproved real property, more particularly described below, lying and situated in Dade County, Florida, to wit: (LEGAL DESCRIPTION) (hereinafter called "the Subject Property"); and WHEREAS, the Subject Property comprises a portion of tracts or parcels of land approved for development as a Development of Regional Impact (the "DRI Tracts") pursuant to that certain Alternative Portofino DRI Development Order, Ordinance No. . adopted by the City of Miami Beach, Florida (the "City") on , 1998 (the "Development Order"); and WHEREAS, the Owner is obligated pursuant to the Development Order to provide the City with a recordable allocation agreement that would allocate new net external P.M. peak hour trips and the maximum development program limitations under the Development Order to parcels within the DRI Tracts at such time as any of said parcels is submitted for a building permit and/or is transferred to and held by a separate owner in order to document the allocated and remaining development potential under the Development Order; and WHEREAS, Owner and Permitee/Grantee have agreed upon an allocation of new net external P.M. peak hour trips and the maximum development program limitations under the Development Order with respect to the Subject Property and the remaining DRI Tracts. NOW THEREFORE, the Owner hereby makes the following declaration of allocation of new net external P.M. peak hour trips and the maximum development program limitations pursuant to the Development Order: 1. Allocation: The Subject Property is hereby allocated, pursuant to the Development Order, the following development limitations: (a) (b) a total of new net external P.M. peak hour trips a total of square feet of Commercial, square feet of Office, High Rise Condominium Units (Residential), Hotel Rooms and Attraction (Live Theater) Seats. 2. Remainina Unallocated Net External Trios And Maximum Develooment Program Limitations. Owner hereby declares and confirms that as a result of the allocation set forth in Paragraph 1 herein above and after taking into account all previous allocations of development limitations to specific parcels among the DRI Tracts, as setforth in the [First, Second, etc.] Declarations Of Allocation of Development Limitations, there remain a total cumulative unallocated new net external P.M. peak hour trips and maximum development program limitations pursuant to the Development Order applicable to the remaining DRI Tracts belonging to Owner, as follows: (1 ) The remaining total of new net external P.M. Peak Hour Trips: ~':\AlTO\LEVL\PORTOFIN\RJ)A\RSF 4C.RES April 2. 19911 (S:47pm) 2 The remaining Maximum Development Program Limitations: (a) Maximum High Rise Condominium Units (b) Maximum Hotel Rooms (c) Maximum square feet Commercial (d) Maximum square feet of Office (e) Maximum Attraction (Live Theater) Seats 3. Acceotance of Allocation By Permitee/Grantee By its joinder in this Declaration, Permitee/Grantee acknowledges and agrees to the foregoing allocations with respect to the Subject Property. Owner and Permitee/Grantee agree not to exceed the allocations of new net external P.M. peak hour trips and maximum development program limitations for their respective properties as setforth in this Declaration. 4. Recordation: Aoolication: Term: This Declaration, and any amendments, modifications, and releases regarding same, shall be recorded in the Public Records of Dade County, Florida, at the cost of the Owner and shall be binding upon the Owner and its successors and assigns (including the Permitee/Grantee). This allocation of development limitations shall remain in effect from the date of recordation until January 31, 2012. 5. No Cloud on Title: This Declaration shall not be construed as a cloud on title to any of the DRI Tracts. The sole intent of this Declaration is to allocate pursuant to the Development Order development limitations to parcels comprising the DRI Tracts in connection with the issuance of development permits for said parcels and/or with the conveyance of said parcels by the Owner and its successors and assigns. 6. Amendment: Modification: Release: This Declaration may be modified, amended or released as to the Subject Property, or any portion thereof, by written instrument executed by the then owner of the fee simple title to the Subject Property and the Owner, provided that such modification, amendment or release has been approved by the Planning and Zoning Director of the City of Miami Beach, Florida or his/her successor, as being in accordance with the Development Order. If so approved, the Director shall execute the above referenced written instrument in recordable form effectuating and acknowledging such modification, amendment or release. F:\ATrOII..EVLlPORTOFINlRDAIlUf 4C,RES April 2, 19911(~:47rm) 3 IN WITNESS WHEREOF, this Declaration has been executed in a manner required by law as of the day and year first above written. Signed, Sealed and Delivered OWNER In the Presence of: By: PRINT NAME OF WITNESS BELOW: Name: Title: PRINT NAME OF WITNESS BELOW: STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998 by , as the general partner of ,LTD., a Florida limited partnership, on behalf of the said partnership. He/she is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC Print Name_ Commission No.:_ [NOTARIAL SEAL] F:\AlTO\LEVL\PORTOFlN\RDA\R~F 4C.RES April 2, 19911(~:47I'm)- 4 The undersigned Permitee/Grantee hereby joins in and accepts the foregoing allocation as of the _ day of , 199_. PERMITEE/GRANTEE STATE OF FLORIDA ) ) 55: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998 by , as the general partner of ,LTD., a Florida limited partnership, on behalf of the said partnership. He/she is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC Print Name_ Commission No.:_ [NOTARIAL SEAL] F:\ATIO\LEVLIPORTOFIN\RDA,R'F 4C.RES ApriI2,I99K(S:47"m) - 5 The undersigned Planning and Zoning Director of the City of Miami Beach, Florida hereby approve the foregoing allocation as of the day of , 1998. PLANNING AND ZONING DIRECTOR CITY OF MIAMI BEACH, FLORIDA BY: Dean Grandin, Jr., Director STATE OF FLORIDA ) ) 55: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998 by Dean Grandin, Jr., as Planning and Zoning Director of the City of Miami Beach, Florida, on behalf of the said Department. He/she is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC Print Name_ Commission No.:_ [NOTARIAL SEAL F:\ATro\LEVL\PORTOFlN\RDA\R~F 4C.RES Al'ril2, 19911(~:47pm) 6