R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,TO CONSIDER APPROVAL, FOLLOWING SECOND READING/PUBLIC HEARING, OF ADEVELOPMENT AGREEMENT, AS AUTHORIZED UNDER SECTION 118-4 OF THE CITYCODE, AND SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, BETWEEN THE CITYAND SOUTH BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, 1220 SIXTH,LLC, AND KGM EQUITIES, LLC (COLLECTIVELY, THE "DEVELOPER"), WHICHDEVELOPMENT AGREEMENT: (1) DELINEATES THE CONDITIONS FOR THEDEVELOPMENT OF THE PROPERTIES LOCATED AT 500 ALTON ROAD, 630 ALTONROAD, 650 ALTON ROAD, 1220 6TH STREET, 659 WEST AVENUE, 701 WEST AVENUE, 703WEST AVENUE, 711 WEST AVENUE, 721 WEST AVENUE, 723 WEST AVENUE, 727 WESTAVENUE, AND 737 WEST AVENUE (COLLECTIVELY, THE "DEVELOPMENT SITE"), WITHSUCH DEVELOPMENT SITE LIMITED TO A MAXIMUM FLOOR AREA OF 571,000 SQUAREFEET (OF WHICH THERE SHALL BE A MAXIMUM OF 15,000 SQUARE FEET OF RETAIL),WITH ANY TOWER CONSTRUCTED THEREON TO BE LOCATED WITHIN THE NORTHEASTQUADRANT OF THE 500 BLOCK OF ALTON ROAD, LIMITED TO UP TO 519 FEET INHEIGHT, AND WITH UP TO 410 UNITS; (2) MEMORIALIZES THE CONDITIONS FORVACATING THE CITY'S RIGHT OF WAY AT 6TH STREET, BETWEEN ALTON ROAD ANDWEST AVENUE ("CITY PARCEL" OR "CITY RIGHT-OF-WAY"); (3) GRANTS TO THE CITYA PERPETUAL ROADWAY EASEMENT ACROSS THE VACATED CITY PARCEL FORUTILITIES AND PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS; (4) PROVIDESFOR THE DEVELOPER'S DESIGN, PERMITTING, CONSTRUCTION AND CONVEYANCE TOTHE CITY OF A WORLD CLASS PUBLIC CITY PARK OF AT LEAST 3.0 ACRES WITHIN THEDEVELOPMENT SITE, WITH SUCH CITY PARK TO BE OWNED AND MAINTAINED BY THECITY FOR PUBLIC PURPOSES; (5) PROVIDES FOR OTHER TERMS, INCLUDING, WITHOUTLIMITATION, DEVELOPER'S CONVEYANCE TO THE CITY OF A PERPETUAL ROADWAYEASEMENT OF AN UP TO 10 FOOT-WIDE STRIP OF LAND WITHIN THE DEVELOPMENTSITE FOR AN ADDITIONAL LANE ON 5TH STREET, BETWEEN ALTON ROAD AND WESTAVENUE, FOR UTILITIES AND PUBLIC VEHICULAR AND PEDESTRIAN USE; AND (5) WITHTHE FOREGOING SUBJECT TO AND CONTINGENT UPON DEVELOPER'S SATISFACTIONOF THE CONDITIONS SET FORTH IN THE DEVELOPMENT AGREEMENT, THE CITYCOMMISSION'S VACATION OF 61-1-1 STREET, AND ENACTMENT OF CERTAINAMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENTREGULATIONS, ALL AT THE CITY COMMISSION'S SOLE DISCRETION.