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Res No 122-13-13940,. 6. A RESOLUTION NO. 122 -13 -13940 IM A Resolution of the Mayor and City Commission of the City of South Miami, Florida relating to the review and acceptance of the Annual Report of the South Miami Corporation (First National Bank of South Miami) on their proposed "Project Sunset" located at 5750 Sunset Drive. WHEREAS, in March, 2005 the City Commission approved a mixed use project entitled "Project Sunset" located at 5750 Sunset Drive, which project is a unified development covering 1 -1/2 blocks (4.5 acres) in the Hometown District and includes 108 residential units and 87,212 square feet of commercial space.; and WHEREAS, a Development Agreement was executed between the City of South Miami and the South Miami Corporation by the adoption of Ordinance No. 05 -05 -1827 in March 2005 and is legally considered effective for a maximum period of 10 years from the effective date of February 7, 2008; and WHEREAS, the Development Agreement includes the requirement (Section 27, p.13) that the developer submit an annual report 30 days before the anniversary of the effective date which report is a status report showing that obligations have been met and that there has been compliance with the provisions of the Agreement.; and WHEREAS, on December 4, 2012 following a public hearing, the City Commission approved an amended development agreement; and WHEREAS, on February 27, 2013, the revised development agreement was recorded and is attached as Exhibit "B "; and WHEREAS, the annual report in accordance with the Development Agreement must be reviewed by the City Commission at a public meeting and the City Commission may accept the report or if there is a finding by the Commission that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The 2012 Annual Report of the South Miami Corporation (First National Bank of South Miami) on their proposed "Project Sunset" located at 5750 Sunset Drive as required by Section 27 of the Development Agreement is accepted. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 4th , day of June 2013. k Pg. 2 of Res. No. 122 -13 -13940 ATTEST: 4> READ AND / LANGU E. a OVED AS TO FORM, ALITY AND 6n MAYO COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea &I C Via Hand Delivery Mr. Christopher Brimo, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143` May 6, 2013 Jerry B. Proctor, Esq, Tel 305.350.2361 Fax 305.351;2250 jproctor @bilzin.com Re: South Miami Corporation Property: 5750 Sunset Drive and 1412 b locks to the south and southwest, City of South Miami Tax Folio Numbers; 09- 4436- 022 - 0060, 09 -4036 -022- 0070, 09- 4036 -022 -0400, 094036422=0410, 094036- 022 -0450, 09-4036- 022- 0420, 09- 4036 - 022 -0430, 09 4036 -022 -0320, 094036 -022 0310, 09- 4038 -022 -0300, 09- 4036-0224330, and 09-4036 -022- 0290 Annual Report of Development Agreement Dear Mr. Brimo' This law firm represents the owner, South Miami Corporation ( "Owner "), of the property located at 5750 Sunset Drive and the 1 -112 'blocks to the south and southwest, South Miami, Florida ("Property"), The Property includes the twelve (1 2) folio numbers referenced above, and includes the headquarters of the First National Bank of South Miami, The Owner and the City of South Miami ( "City ") entered into a Development, Agreement ( "Agreement ") related to the development of the Property. The Development Agreement, a copy of which is attached as Exhibit "A ", was approved by the City Commission and was recorded in the Public Records on February 7, 2008, On December 4, 2012, by public hearing approval of the City Commission, an Amended Development Agreement (the "Updated Development Agreement ") was approved. The revised Development Agreement was recorded on February 27, 2013 and is attached as Exhibit ` "B ". In accordance with Section 27 of the Updated Development Agreement, the Owner is required to submit an Annual Report to the City. Please accept this correspondence as the Annual Report. 1. Use of Property. The Owner received approval by the City Commission in 2005 (the "2005 Application ") for a mixed use development consisting of retail and office space and residential units at a maximum building height of 56 feet. The terms for approval are described in the Updated Development Agreement, and remain in full force and effect. Development of the Property under the approved plans has not commenced since the recordation of the Agreement, due to economic and market considerations. In the BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 Tel 305.374.7580 Fax 305.374.7593 MIAMI 3658€47.1 76813 29325 Page 2 May 6, 2013 interim, the. Property is used as a Bank and for off - street parking; which provides a public benefit. 2. Commitments The Owner intends to comply with all permitting and infrastructure requirements enumerated in the Updated Development Agreement, 3. Compliance: The 2005 Application meets all concurrency requirements, pursuant to Section 6 of the Updated Development Agreement, and is consistent with the City of South Miami Comprehensive Plan, pursuant to Section 9, of the Updated Development Agreement, The Owner continues to keep tax payments current; the attached Exhibit "C is the cumulative 2012 tax payment to Miami -Dade County, totaling $366,170.21, 4. Assignment: The Owner has not assigned the Development Agreement to another entity and is in compliance with Section 15 of' the. Updated Development Agreement 5. Owner's Representations'. The Owner affirms the representations made to the City in Section 24 of the Updated Development Agreement. In summary and as documented above, the Owner has met or commits to satisfying all of the obligations set forth in the Updated Development Agreement. Thank you for your attention to this matter and please do not. hesitate to contact me if you have any questions or require any additional information. JBP:id cc: Thomas Pepe, Esq., City Attorney Bruce MacArthur Nadine Heidrich MIAMI 3658647.1 7681 3/29325 /�y BILZIN SURrBERG BAENA PRICE & AXELROD LLP K &I & do & ORDINANCE NO. 28-12-2144 An Ordinance amending the development agreement originally adopted by Ordinance No. 05 -05 -1827 and amended by Ordinance No. 18 -05 4840 concerning the project known as "Project Sunset" and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of agreement. WHEREAS, the City Commission at its March 1, 2005 special meeting approved special exceptions to permit "Project Sunset ", a unified mixed use development consisting of residential, office and retail uses generally located at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 and the east 50 feet of Lots 51 and 52 of W.A. Larkins Subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami. Dade County; and WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 05 -05 -1827 approving a Development Agreement between the City and the developer, the South Miami Corporation for Project Sunset; and WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets forth a phasing schedule for the development of the project; and WHEREAS, the Administration negotiated an amended phasing schedule intended to reduce the impact of the development program on traffic and parking in the area; and WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities Serving the Project" provides a formula for determining the amount and timing of a park and open space concurrency payment to be made by the developer to the City; and WHEREAS, the Administration negotiated a specific amount and revised timing of the park and open space concurrency payment to be made by the developer to the City; and WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the amendment to the Development Agreement; and WHEREAS, the City Commission at its June 14, 2005 meeting adopted Ordinance No. 18 -05 -1840 approving the amendment to the Development Agreement between the City and the developer, South Miami Corporation, for Project Sunset; and WHEREAS, the City Commission has concerns as to the effective date of the Development Agreement and the term of the Agreement. Page 1 of 2 Ord. No. 28 -12 -2144 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 The Development Agreement between the City and the South Miami Corporation for Project Sunset, originally adopted by Ordinance No. 05 -05 -1827 on March 15, 2005 and later amended on June 14, 2005 by the City Commission, is hereby further amended as set forth in the attached Amended Development Agreement. Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance shall become effective upon enacted. PASSED AND ENACTED this 4'h day of December, 2012• ATTL'C'T. A DDT) (1A7�T1• �13.s - - _ _� 1✓ CITY CLERK l st Reading: 11/20/12 2nd Reading: 12/4/12 READ ANDP'ROVED AS LANGUAeSJLEGALITY Al WIR �- COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Page 2 of 2 5 -0 Yea Yea Yea Yea Yea A: k.: A, &. CF N 0J 3ri l��e OR. 8P, 285)17 Pss 0870 8871 t18p991 RECORDED 02/27/200 10147s26 HARVEY RUVlllr CLERK OF COURT MIAMI -DADE COUfff ,;m UDA AMENDED DEVELOPMENT AGREEMENT 'ut BE. TWEFN_ THE CITY OF SOUTH MIAMI. FLORIDA;r1 xt� AND SOUTH MIAMI CQRP!2RATION THIS AMENDED DEVELOPMENT AGREEMENT ( "Agreement ") is made as of on t } ,f. day of 2013 by and between the CITY OF SOUTH MIAMI FLORIDA 'a municipal corporation ( "City ") and SOUTH MIAMI CORPORATION ( "Company ") or its assignee. RECITALS. WHEREAS, the City commission of the City of South Miami adopted Ordinance No: 05 -05- 1827 (attached as Exhibit "B ")which implemented the Florida Local Government Development Agreement Act( "the Act ") and permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately 4.5 +/- acres, zoned HD -OV, described in Exhibit "A," (the "Property "); and WHEREAS, the Company desires to construct a mixed use development encompassing retail, office and residential components (the "Project') described in site plan on file with the City in the Hometown District Overlay Zone within the City of South Miami. WHEREAS, the City has concerns regarding the original Development Agreement that was dated March 15. 2005, fully executed on April 6, 2005 but which was never recorded; and WHEREAS, the City and the Company amended the March 15, 2005 Development Agreement and this revised Development Agreement was dated June 14, 2005 and which was eventually recorded as required by statute; however, the "amended" development agreement was recorded as the original development agreement and it was not titled as an amended development agreement; and WHEREAS, the City has concerns regarding the signing and recording of the June 14, 2005 Development Agreement; and WHEREAS, the Company and the City desire to settle the concerns of the City by entering into this Amended Development Agreement; and MIAMI 3293183.3 76813/29325 1 EXHIBIT "B" WHEREAS, the Florida Local Government Development Agreement Act, sections 163.3220 163.3243, Florida Statutes, (the ' "Act "), in effect on the date of the City passed and adopted a resolution agreeing on the terms of the original Development Agreement, provided for the execution of development agreements for a term not to exceed ten (10) years to insure that the law in effect at the time of the execution of the development: agreement shall govern the development of the land for the duration of the agreement. NOW, THEREFORE, in consideration; of the above recitals and the following covenants, terms and conditions the receipt and sufficiency of which are expressly acknowledged, the City and Company covenant and agree as follows; ]. Incorporation of Recitals. The. recitals set forth above are true and correct and are incorporated herein by this reference. 2. Property. The Company owns the property as described in Exhibit "A ". This property is deemed to be one unified parcel and is subject to the ,unity of title pursuant to the requirements of sections 20 -7.30 and 20 -5.14 of the City Land Development Code (the 'LDC ") attached hereto as Exhibit "D ". 30 Effective Date, Duration of Agreement; This Agreement shall be effective as of June 14,`2005 (the "Effective Date "), the date that the City passed and adopted a resolution agreeing to the terms and conditions of ` the first Amended Development Agreement, This Agreement,, as currently amended, shall; terminate ten years from the Effective Date of this Agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years from the Effective Date unless extended by mutual. consent of all legal and equitable owners of the Property and the city upon approval at a public hearing, as provided in the Act. 4 Use of Property. The property described in Exhibit "A" is to be utilized for the project described in the site plan on file with the City: a mixed use residential, office and retail project with a residential use not to exceed 108 dwelling units on approximately 4.5 plus or minus acres. The project will include "chamfered" corners where it abuts roadway intersections pursuant to the site plan on file with the City, The occupied space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise permitted by the South Miami comprehensive plan or its land' development regulations. The total of occupied space of the project shall not exceed four stories. Non- occupied space shall not exceed a maximum height of fifty six feet The project shall be built in two phases as follows: Phase I shall consist of Blocks "A" and "B" described in Exhibit "C ". MIAMI 3293183.3 76813/29325 2 4 + Phase II shall consist of Block "C" described in Exhibit "C"'. • The Company may elect to implement the development plan in one phase. 4h • The Company may elect to utilize Black "C" as a temporary bank facility with drive-through lanes (not to exceed four lanes) which facility shall be removed upon the issuance of the Certificate, of Occupancy for the Bank facility on Block "A ", The overall development of the property shall be conducted in accordance with the approved site plan on file at the City, including elevations, architectural features and estimated commercial square footage pursuant to Section 20.3 -7 of the LDC. 50, Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, the Company agrees to provide the services listed below in compliance with Section 204.1 of the LDC, including; (a) Rgadways An operational traffic study was conducted by the city and the Company agrees to the recommendations of city staff as set forth in their staff report which recommendations are incorporated herein by reference. (b) Parks and Recreation Based on the projected residential population on the Property, Company agrees to donate $232,000 in one lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and shalt include any interest or carrying cost incurred by the City until receipt of the payment. {c) Sanitary Sewers Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. (d) Solid "Was #e Solid waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. (e) Schools The Company commits to pay upon the issuance of the initial certificate of occupancy any required Miami -Dade County School Board school impact fees. 6. Coneurrency. The City of South Miami has determined that the Company's performance under the Agreement satisfies the concurrency requirements, as delineated in Section 20- 4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site MIAMI 32931 83.3 76813/29325 3 4i plan approval meets all concurrency regulations enumerated in Section 204.1 of the City Code, and that the site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations'. 7v Permits. The permits preliminarily identified as necessary for development of the project are described as follows: (a) Special Exception to permit four drive - through teller lanes within the site. (b) Special Exception to provide 72;2 % +1 - lot coverage. (c) Special Use permit; to permit up to four restaurants with a maximum total of 13,820 +1 - square feet with parking to be supplied' from any excess parking within the site. Retail and restaurant parking shall be marked and signed'. S. Development Conditions. The following conditions shall apply to the (a) The Company shall meet all applicable building codes, land development regulations, ordinances and other laws. (b)' The Company shall adhere to the requirements of all permits for the project (c) The Company shall develop the project in conformance with the parameters set forth in this agreement. (d)' All development shall be in accord with the site plan submitted with the special exception and special use applications, said site plan on file with the City. (e) The Company shall provide the Department of Planning with a temporary parking plan, includuig an operational plan, which addresses construction employee parking during; the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the planning director prior to the issuance of any building permits and shall be enforced during construction activity. (f) All conditions imposed by the City Commission shall be incorporated in this Development Agreement (g) Company shall reimburse the City its lost parking revenue from any metered parking spaces adjacent to the Property which it occupies or uses during the construction period.. (h) The Company shall donate to a city trust fund $40,000.00 to be used by the city for traffic calming or other traffic mitigation programs within the City of South Miami. This money shall be donated to the City, prior to the issuance of its first building permit. MIAMI 32931333 76813/29325 4 4; 99 Consistency with City of South Miami Comprehensive Plan and Land Development Regulations. The city has adopted a Comprehensive Plan and Land Development Regulations; in accordance with Chapter 163; Part lI, Florida Statutes. The city finds that the project is consistentwth the city's comprehensive plan and the city's land development regulations. The project, a'mixed use residential, office and retail development, as set forth herein, is consistent with the " Mixed -Use Commercial/Residential (Four Story)" designation on the future land use map, and the HD -OV zoning district on the Official Zoning Atlas of the City of South Miami. Goal '2 of the Future Land Use Element identifies the home town district which consists of the "Hometown District Overlay Zone," as defined in Article VII, sections 20 -7:1. through 20 -7.52 of the city's land development regulations, 10 Vesting,. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes and policies in existence on June 14, 2005 as well as other requirements imposed by the City Commission' upon the ratification of the site plan approval on the Property, the Property shall not be the subject of a down zoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the site plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Company of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions, lit Permits, Conditions, Terms and Restrictions not Addressed. The failure of this agreement to address a particular permit, condition, term or restriction shall not relieve the Company or the city of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 12 , Duration of Permits, The Company acknowledges that this agreement does not extend the duration of any permits or approvals. 13. Law Governing Development of the Property. The ordinances, policies and procedures of the City of South Miami concerning development of the property that are in existence as of the Effective Date of this agreement shall govern the development of the property for the duration of the term of this agreement. No subsequently adopted ordinances, policies, or procedures shall apply to the property except in accordance with the provisions of section 163.3233 (2), Florida Statutes, and Ordinance No. 05 -05 4827, as attached. 14. Termination. This agreement may be terminated by mutual written consent of the city and Company, subject to the terms and conditions herein. Either party may terminate this MIAMI 3293183.3 76813/29325 5 &: Agreement if the other party commits or allows to be committed any material breach of this Agreement. A "material - breach" of this ,Agreement shall include, but not be limited to, a failure of either party to perform any material duty or obligation on its part for any thirty (30) consecutive day period, Neither party may terminate this Agreement on grounds of material breach of this Agreement unless it has provided written notice to the other party of its: intention to declare a breach and to terminate this Agreement (the "Notice to Terminate ") and the breaching party thereafter fails to cure or take steps to substantially cure the breach within sixty (60) days following the receipt of such Notice to Terminate, with the exception of monetary breaches which shall be cured within thirty (30) days after receipt of notice: 15 Assignment. This Agreement may not be assigned by the Company except to an affiliated entity, without the prior written consent of the City. Subject to the preceding sentence this Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. An ffrlrated ntity is entity-of f —wlsiz South lia t Co I or a majority o I s 8 a directly or `indirectly owns at least 51% of the beneficial interest. Me Work Force. The Company agrees to use its best efforts to enhance job opportunities for local citizens in connection with the project. To that end and in order to maximize job opportunities for applicants from South Miami, the Company shall send notice to the Community Redevelopment' Agency Director of the City of South Miami, or a, substitute designee by the City Manager, regarding employment opportunities related to any (1) construction work on the Property, (2) temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space or employment opportunities associated with retail space located on the Property. 17. Joint Preparation. This Agreement has been drafted with the participation of the city and Company and their counsel, and shall not be construed against any party on account of draftsmanship. 18. Binding Affect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this agreement, 130 Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 20. Applicable Laws, Jurisdiction, and 'Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be MIAMI 32931833 76813/29325 6 &; exclusively in Miami - Dade County Florida. k 21. Enforcement In any litigation arising out of this agreement, the prevailing party shall be entitled to recover its costs and attorneys fees. Attorney's fees payable under this paragraph shall not exceed 25% of the amount of damages awarded to the prevailing party and no party shall be entitled to pm judgment interest. In any injunctive or other action not seeking damages under this paragraph, legal fees may be awarded in the discretion of the court; but shall be reasonable and shall not exceed an hourly rate of $300.00 per hour. 22: Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Company therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, have the right to enter, inspect and investigate all activities on the premises to determine whether the Property complies with applicable laws including; but not limited to building and zoning regulations and the conditions herein. 234 Authorization to Withhold Permits and Inspections, In the event the Company is obligated to. make payments or improvements under the terms of this Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this Development Agreement is complied with. 24, Representations of the Company. The Company represents to the City as follows: (a) The execution, delivery and performance of this Agreement and all. other instruments and agreements executed in connection with this Agreement have been properly authorized by the Company and do not require further approval by Company. (b) This Agreement has been properly executed, and constitutes Company's legal, valid and binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending; or threatened against or affecting Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) Company shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled, or terminated, except pursuant to its express terms, and MIAMI 3293183.3 76813/29325 7 4i: a shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times: (e} Company has the .financial capacity payments as required under this Agreement: 25: Severabitity. In the event that an provisions. contained in this agreement shall be invalid, validity of the remaining covenants, agreements, terms; way affected, prejudiced, or disturbed thereby, to pay or advance to the City all fees and of the covenants, agreements, terms, or illegal, or unenforceable in any respect, the or provisions contained herein shall, be in no 260 Waivers. No failure or delay by Company or the City to insist upon the strict performance of any covenant, agreement, term .or condition of this Agreement; or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of'any.such breach or any subsequent breach of such covenant. agreement, term Or condition. No covenant, agreemepA tern, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof, 27„ Annual Report and Review. It shall be the responsibility of the Company to submit an annual report to: the City sufficient to fulfill the requirements as stated in the provisions of S:Prtinn 1 Al Z? 2.S Finri(ia R+whitac and Ord;nnnr•i> Vn flG..04_10(19 Thic narpamant ehn11 1v rvvrptvpri annually on the anniversary of the Effective Date of this Agreement. The Company, or its assign, shall submit an annual report at least 30 days prior to the annual review date following the first annual report . submitted in 2012 which shall be filed 30 days following the execution of this Amended Development Agreement, if not already submitted. All annual reports shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The city commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Agreement, the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. M1AM13293183.3 76813/29325 8 &.. 28 Notices. Any notices or reports required by this Agreement shall be sent to the following: For the'Cit3" Copy to For the Company: Copy to City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Manning Director Planning and Zoning Department City of South Miami 6134 Sunset Drive South Miami, Florida 33143 South Miami Corporation Attn: Bruce W. MacArthur, Chairman of the Board 5750 Sunset Drive; South Miami, Florida 33143 And Nadine Heidrich Chief' Financial Officer Wirtz Corporation 680 N. Lake Shore Drive Suite 1900 Chicago, Illinois 606111 Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Ave., Suite 2300 Miami, Florida 33131 -3456 29. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 30. Amendment. This Agreement may be amended by mutual written consent of the city and Company so long as the amendment meets the requirements of the act, applicable city ordinances and Florida law. 31. Entire agreement. This Agreement represents the entire agreement and no prior or present agreements or representations shall be binding upon either the city or Company, unless specifically incorporated herein by reference, whether such prior present agreements have been made orally or in writing. Each party affirmatively represents that no promises have been made to that party MIAMI 3293183.3 76813/29325 6" that are not contained in this Agreement, and the Exhibits, and stipulates. that no evidence of any promises not contained in this Agreement, and the Exhibits, :shall be admitted into evidence on its behalf This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both, parties. 31 Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 33. Periods of 'Time Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if' such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 34. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 35. Recordation. Within 20 days after the Amended Development Agreement has been signed by both the Company and the City, the City shall cause a copy of the Amended Development Agreement to be recorded' at the City's expense in the registry of deeds in Miami -Dade County, 36. Abandonment of Right -of -Way. The City agrees to abandon the right -of -way adjacent to the property to the buildable line. The Company shall contemporaneously grant to the City an easement from the right -of- -way adjacent to the property to the buildable line for all future needs of the City, To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with clearance as provided in the Hometown Overlay District in the Land Development Code (10 -feet minimum). PASSED AND DULY ADOPTED by the City Commission of South Miami, Florida, this 4th day of December, 2012. MIAMI 32931833 76813/29325 10 "fir MANAGER rED: 2 C & AGREED TO this % day of , 2012. m: Witnesses: s SOUTIJ MIAMI CORPORATION` i'40 Print Name W. Rockwell Wirtz resident STATE OF ILLINOIS ) SSA COUNTY OF COOK ) The foregoing as identification, My Commission Expires: T N day of mally known to me or Sign Name: /. ��✓ Print Name: l Y •- NOTARY PUBLIC Serial No. (none, if blank): MIAMI 32931833 76813129325 11 [NOTARIAL SEAT,.] k LEGAL DESCRIPTIM Lot9,6, 7t 6r 9, 40, 41, 42r 43, 44, Or 53 54 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and the east 50 feet of Lots 51 and 52 of W.A. Larkins Subdivision according to the plat thereof recorded in Plat Book 3 at Page 198 of the Public Records of Miami�Dade County,, Florida. s' EXHIBIT "A" F 4 '.4 4, 6 ac � w eae a • s' EXHIBIT "A" F 4 � h 4.. pgDli•(Ah7CLNO. _05 -45 -1827 AN ORDINANCE OF THE MAYOR AND CITY COMl4'USSSION OF THE, OF SOUTH MIAMI, FLOMA ADOPTING A DEVELOPMENT AGREEMENT; PURSUANT TO FLORIDA STATE STATUE 163.3221, FOR A UNMY*I) DEVELOPMM NT PROJECT KNOWN AS "PR03ECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING "USES: 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, QFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES* ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRM AND LEGALLY DESCREBED AS LOTS 6 THRIJ 92 40 THRU 451,53 THRU 66 tCLUSIVE AND THE EAST 5,0 FEET OF LOTS 51 AND 52 OF W A. LA "S' SUBD SIONt ACCORDING TO THE PLAT THEREOF OF THE PUBLIC RECORDS OF SEVERABILIM PROVIDING iVIDING AN EFFECTIVE DATE O. SR S, the City Cort fission at its March 1, 2005 minting adopted a resolution allowing two special exceptions and adoptod. a special use resolution permitting the location of four restaurants' in the ulifie i develt pment; 2 d W I A$, the Florida Local Goverament'Dcvelopment Agreement Act, set forth in sections i 63,"a2.2Q 163.3243, Tlt?t3da talutes, provides for the execution of development agreements to insure that the law and reVAa#ons in effect at the time ofthe execution of the development agreement shall govern the developmcntof the land for the duratitara of daa agreement; and VADMAS, the South Miami.- Corporation has proposed the execution of a development agrecrocut with the City of South Miami' pehainip to the mixed use project entitled "Project 'Sunsets' which agrew�ent would sett forth all of the conditions and commitments required by the City resulting from the approval of the special exception and special use requests; and M EREAS, the Planning Board at a meeting on Fabruaxy 22, 2005 after a public hearing, adopted a motion by a vote of 4 aye l taay reoomniending approval of the proposed Development Agreement subject to specific revisions and conditions, which have been included in the draft agreement; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board, NOW, THEREFORE, BE IT ORDAINED BY THE NUYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIA.ML, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit 'W' as amended " during the March 15. 2005 public hearing, and dated March 15 2005 a� botwean the City of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed EXHIBIT "B" 4e Ord. No. 0545 -1827 8 2 unified development to be caned Tr jest Sunset" which will include s total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5730 Sunset Drive and legally descn'bed as Lots 6 thru 9, 40 thru 45, 53 ffim 66 inclusive and the east 50 feet of Lots 51 and 52 of A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public rccordsofMizunlwDudc Courity'is approved. Section 2 If any section, unconstitutional by a Court remaining portions of this c Se bg All ordinances hereby repealed. clause, sentence, or phrase of this ordinance is for any reason held invalid or of competent jurisdiction, this holding shall not affect the validity of the wdirm.ca or parts of ordinances in conflict with the provisions of this ordinance are Section 4 This ordinance, shall be effective immediately after, the adoption hereof. as � r � �®• ' .. � ee `A" Development Agreement F :\Comm Iteme\20MM3 05\Development Agscement Bank Orddoc s■ 4r f k Y 'l Ord. No, 16- 05�1640 ecton 5 'ibis oroi=vm sball be e#f`ootiva immediately air the adoption'hcr f PASSED l l 1 1�QPTE titkS _( + Q� A1M1e APPROVED* s CZ"1"Y CLEF; i" Reading^ 67%05 2" Reading 6/1405 conrsszo uo a - a READ �VED AS TO FORM: Mayor Rnsselt yea Vice Mayor Palmer: absent: Commissioner Wiseombe; yea Commissioner Bins- Cooper: Yea TY ATTORNEY Commissioner Sherar Yea New wording underlined, wording to be removed Indicated by strikethrough N\MC0RUF"LJNN2N0\Comm Jtans1200515- M5Zeve1opm=t Agre=dnt FWJW SuaW Ord,doo I V ' w k w w M t Y ran4Y Mi9!Y::'aY s I�M�.w v)Y1 �► i.i.. rti J: M F: W i a+. C &: ! 1111i��,1i�1 II 1111111111 I I11IiIIA,11 I11111I1 >203 Pts 1380 - 14011 (22aes) 'ED 02/07/2003 10.53406 RUVINY CLERK OF COURT p DE CAUNTYr FLORIDA y TUXS pRVZiLOP)MNT AaPZMiE'DT ("Agreement") is made as of J'uta lA 2005 by and between THE CITY OF SOUTH MIAMI, FLORIDA a municipal corporation ( "City ") And sOU2'ii MIAMI CORPORATION ( "Company "). or its assignee: R:18CX�'�12+5 i, the Florida Local Government Development Agreement A4t, set forth in seotions 16313220 - 163.3 93, Florida Statutes, set forth in Exhibit "A" (the "Act ") provides for the execution of development agreements for a term not to exceed ten (10) years to insure ;that : the law in effect at the time of the exeoution of the development agreement shall govern the development of the land for the duration of the agreements and WAZPGAS, the city commissi,or, of the City of south Miami has adopted Ordinance No, 05M0�5 -1_$27 which implements the Act and permits the consideration and the adoption of this agreement; and MWAWAS, the Company owns approximately 4u5+/~ acres, zoned HO -OV, described in Exhibit '!$," (the pProperty°) and the Company desires to construct a mixed use development encompassing retail, office and residential components described in Exhibit "C, (the "Project ") in the Hometown District overlay Zone within the city of south Miami Book26203 /Page1380 Page 1 of 27 EXHIBIT "Ate CFN #24080104490 .01 % 0-V at Page 1 of 22 IP NOW, THEPYWORt, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency- of which are expressly acknowledged, the city and Company covenant and agree as followst , . 1, 1ncorporiktion uZ R^aitals* The recitals act .forth above are true and correct and are incorporated herein by this reference, 2, pxoporty, The Company owns the property as described in, Exhibit „'Arl r 'Thia property is deemed to be one unified parcel and is subject to the unity of title r11rrovant_ to the regyi,,rement:s of aprtiong 2a.7.36 and 2_0 5.14 of the City Land Development Code (the "LDC ") attached hereto as Exhibit "DI 3. Mfoct vo Data; Duratioh of Agroaamernt. This agreement shall become effective after it has been recorded in the public records of Miami�Dade county and thirty (30) days after it is received by the Florida Department of Community Affairs {the "Z fective Date "). This agreement shall terminate ton years from the effective date of this agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years from the effective date unless extended by mutual consent of all legal and equitable owners of the Property and the city upon approval. at a public hearing, as provided in the act. 4, as& of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "C ": a mixed use residential, office and retail project with a residential use not to eNoeed 108 dwelling units on Book26203JPagel 38'1 Page 2 of ;I CFN #20080104490 Page 2 of 22 h: ks IP NOW, THEPYWORt, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency- of which are expressly acknowledged, the city and Company covenant and agree as followst , . 1, 1ncorporiktion uZ R^aitals* The recitals act .forth above are true and correct and are incorporated herein by this reference, 2, pxoporty, The Company owns the property as described in, Exhibit „'Arl r 'Thia property is deemed to be one unified parcel and is subject to the unity of title r11rrovant_ to the regyi,,rement:s of aprtiong 2a.7.36 and 2_0 5.14 of the City Land Development Code (the "LDC ") attached hereto as Exhibit "DI 3. Mfoct vo Data; Duratioh of Agroaamernt. This agreement shall become effective after it has been recorded in the public records of Miami�Dade county and thirty (30) days after it is received by the Florida Department of Community Affairs {the "Z fective Date "). This agreement shall terminate ton years from the effective date of this agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years from the effective date unless extended by mutual consent of all legal and equitable owners of the Property and the city upon approval. at a public hearing, as provided in the act. 4, as& of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "C ": a mixed use residential, office and retail project with a residential use not to eNoeed 108 dwelling units on Book26203JPagel 38'1 Page 2 of ;I CFN #20080104490 Page 2 of 22 0 $:. k C appxcxmately 9.5 +/- acres. The project will include "chamfered" corners where It abuts roadway intersections pursuant to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise permitted by the South Miami compxahens ve plan or its land development regulations, The total of occupied space of the project shall not exceed dour stories. Non - occupied space shall not exceed a,`maximum height of fifty six feet. The project shall be built in two phases as follows; Phase Z shall consist of Blacks "A" and steel % %am described in Exhibit "Co. o Phase 11 shall consist of Block OC" described In Exhibit "Cot • The overall development of the property shall be conducted in accordance with the approved site plan on file at the City, (attached and incorporated as Exhibit "B ") including elevations, arohiteotural features and estimated commercial square footage pursuant to Section 20,3 =7, of the LDC . 5, Public i'acilltiox U ving the project. In order to enhance public facilities in the City of South miami, the Page S of 17 � V't Book262031Pa9e1382 CFN #20080104490 Page 3 of 22 4: �i company agrees to provide the services ,Listed below in I ompliance with Section 20 -4.1 of the LDC, including; (a) Roadways An operational traffic study was conducted, by the city and the Company agrees to the recommendationa of city staff: as set forth in their staff report which recommendations are ifigorporated herein by reference* (b) Parks and Recreation Based on the projected residential population on the Pzoperty, company agrees to pay i0p to (c) Sanitary Sewers Water and Sewer services that comply with all requirements of Miami "Dade County for any building pxior to issuance of a final certificate of Use and Occupancy. Page 4 of 17 I- th71,7 Book26203JPaga1383 CFN #20080104490 Page 4 of 22 a;. 41 (d),Solid waste Solid Waste services that comply with all requirements of Miami-Dade County for any building prior to issuance of a final Certificate of Use and Occupancy'. .fey Schools _ The Company commits to pay upon the issuance of the initial Certificate of occupancy any requjrad Mzami- Fade county School Board aebool impact Pees, 6, ConeU=6ncy, The City of South Miami has determined that the Company's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -9.lt City Code, By execution of this Agreement, the City Acknowledges that the application for site plan approval meets all concurrency regulationa enumerated in Section 20 -4_.1 of the city Code, and that the stegplan application and this Agreement axe consistent with the City Comprehensive Plan and Land Development Regulation3.: 74 Permit$* The permits preliminarily identified as necessary for development of the project are described as follows: (a) Spacial Exception to permit four drive- through teller lanes within the site, (b) special Exception to provide 72;2% */- lot coverage. ja) Special Use permit to permit up to four restaurants with a maximum total of 13,820 +J - square feet with parking to be supplied from any Book282031Pagel384 Page S of 17 CFN #200$01 04490 , Page 5 of 22 excess parking within the sitow Aetail and restaurant parking shall be marked and signed. 9, Development Co aditi.ons, The following conditions shall apply to the development °of the pxoject (a) The Company Shall meet all applicable building codes, land development regulations, ordinances and other laws, (b) The Company shall adhere to the requirements of all permits for the project. (a) The Company shall develop the project in conformance with the parameters set forth in this id) All development shall be in accord with the site plan submitted with the special exception and special use applications, said site plan incorporated in exhibit "C ", (c) The 'Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subjsqt to the review and approval by the planning director prior to the issuance of any building permits and shall be enforced during construction activity. f) All conditions imposed by the City Commission shall be incorporated in this Development •Agreement, q) Company shall reimburse the City its lost parking revenue from any metered parking spaces Page 6 of 17 Book26203 /Page1385 CFN #20080104400 Page 6 of 22 A, adjacent to the Property which it occupies or uses during the construction period. h) The Company shall donate to a city trust fund W,000,00 to be used by the city for traffic calming or other traffic mitigation programs within the City of South Miami, This money shall be donated to the City , pxi,ot to the issuance of its first building permit, 9. Consistency with City of 60u" Miami. CovWxahnns.ive Plan and Land Dwvloptaent Regulations. The city has adopted a Comprehensive Plan and Land Development Regulations in accordance with Chapter 153, Part Zz, Florida Statutes, The city rinds that the project is. consistent' with the city's comprehensive plan and the city's land development regulations. The project, a mixed use residential, office and retail development, as set forth herein, is consistent with the "Mixed -Vse Commercial /Residential (Four Story)„ designation on the future land use map, and the HD -OV zoning district on the Official Zoning Atlas of the City of South Miami. Goal, 2 of the Future Land Use Element Identifies the defines the home town diatriet which consists of the "Hometown District Overlay Zone," as defined in Article V11, sections 20 -7.1 through 20 --7.52 of the city's land development regulations, 10, vwsting. As long •as the development on the Property is In compliance with this Development Agreement, and all applicable laws, ordinances, codes and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the site plan approval Page 7 of 17 Book26203/Page1386 CFN #20080104490 Page 7 of 22 u -( Y on the Prbpextyr the Property shall not be the subject of a down zoning; application by the City and shall not be subject to any development moratorium, referenda action, ordinances, poligies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the site plan. Any failure by this Agreement to address a particular permit, condition, term or restziction shall not relieve the Company of the necessity of complying with the law governing said pexmittinq zequi.rements, conditions, terms or restrictions, 11 -. aermitn, Conditions, Terms and Raastrictions not A+ddrvrasd� �'tre: �atrra �r�t- h.l5— �greemafi��tc�actd�ress --a particular permit, condition, term or restriction shall not relieve the company or the city of the necessity of complying with the law governing said permit:t vy requirements, conditions, terms, or restrictions. 12,,iyuxation of Permits; The Company acknowledges that this agreement does not extend the duration of any permits or approvals, 13, Law Governing Oevelopmont of the propexty, The ordinances, policies and procedures of the City' of South Miami concerning development of the property that are in existence as of the execution of this agreement shall govern' the development of the property for the duration of the term of this agreement No subsequently adopted ordinances, policies, or procedures shall apply to the property except in accordance with the provisions of section 153.3233(2), Florida Statutes, and Ordinance No. 05-06"1827, as attached. Book282031Pagel387 Page a of 17 CFN #20080104490 ftVI t71q Page 8 of 22 6. X,,: 14 Toxmi..nation. This agreement may be terminated by mutual written consent of the city and Company, subject to the terms and conditions herein. Zither parry may terminate this Agreement if the other party commits or allows, to be committed any material 'breach of thin Development Agreement: A "material breach" of this Agreement ahal:l include, but not be limited to, a failure of either party to perform any material duty or obligation on its pert for any thirty (30) consecutive day period, Neitber pasty may terminate this Agreement on grounds of material, breath of thi.a Agreement unless it has provided written notice to the other party of its intention to declare a breach and to terminate this Agreement (the "Notice to Terminate") and the breaching party thereafter falls to cure or take steps to substantially cure the breach within sixty (6p) days following the receipt of such Notice to Terminate, with the exception of monetary breaches which shall be cured within thirty (30) after receipt of notice 15v Avwiq wnt. This Development Agreement may not be assigned by 'the Company except to An affiliated entity, without the prior written consent of the City. 5xibject to the preceding sentence this Development Agreement shall, be binding upon the successors, assigns, and representatives of the parties hereto. An affiliated entity is an entity of which Sovth Miami Corporation or a majority of its shareholders, directly or indirectly owns at least 51% of the beneficial interest. lb. Work Foxco. Via Company agrees to use its best efforts to enhance job opportuni,tiee for local citizens in connection with the project. To that and and in order to Page 9 of 17 ry� �1ry ItIj 1I1 g Book26203 /Paga1388 CFN #20080104490 Page 9 of 22 J �{s maximize job opportunities for applicants from South Miami, the Company shall send notice to the Community Redevelopment. Agency Director of the City; of South Miami, or a substitute designee by the City Manager, regarding employment: opportunities related to any (1) construction work on he Property,: (2) temporary or permanent maintenanoe work on the Property, or {3 }; proposals for leasing of retail space or employment opportun tles associated with retail space located an the Property.' joint Frampaxation, This agreement has been drafted with the participation of the city and Company and their b_ tru a .., f ._ _ r ' c3uu3r. 4.-- diu-- 8- uai- �iis si.— ai�cuTi3s '`.- �ucs.�aya,x.ca��,- -Fin-y 'i j8rzy�osi account of draftsmanship, 16= Binding Zffoat, The burdens of this agreement *hall; be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the partial of this agreement, 19, Captions and Ifoadings. Paragraph headings are for convenience only and shall not be used to construe or Jrll \.4.i rLtii 1. 1iJ ,.L J 4t 4'Ltia 5:J1 /11::114♦ 20. Applicabl* Laws, Juxindiction, and Vanaes. This agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regazd to principles of conflicts of law. This agreement may be enforced as provided In Section 163.3243, Florida Statutes; venue for any litigation pertaining to the subject matter hereof shall be exclsusively in Miami -Dade County Florida. Book2620 /Page1389 Page 10 of 17 CPN##20080104490 P+;1 n1,., Page 10 of 22 Al C &1 61 210 8nforcogwnte In ariy litigation arising out of this agreement.., the prevailing party shall be entitled to recnvex its costs and attorneys fees: Attorney's fees payable under this paragraph shall not exceed 25t of the amount of damages awarded to theiprevailing party and no party shall be entitled to pra� judgment interest. In any injunctive or other action not seeking damages under thi•a paragraph, legal fees may be awarded in the discretion of the courts but shall be reasonable and shall not exceed an hourly rata of $30MO per hour 22, TnePe ction, Nothing In this Agreement shall be con6trued to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida, The Company 'therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, have the right to enter, inspect and investigate all activities on the premises to determine whether the Property complies with applicable Laws. including but not limited to riaildipg and 'zoning regulationa and the conditions herein.. 23 Authorization to Withhold Pontite and lnppnetions, In the event the Company is obligated to make payments ax improvements under the terms of this 'Development Agreement and such payments are not made as required, or suoh improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property Book26203 /Page1390 Page 11 of 17 GFN #20080104490 i 1 ; i"Ll Page 11 of 22 'E until such time this Development Agreement is complied' with. 241 . Rapxeoentaa.ti.ons of tha Company, The Company represents to the City as follows* (a) The Oxeoption, delivery And perfolmanr<e of this Agreement and all other instruments and agreements executed in connection with this ,Agreement have been properly authorized by the Company and do not require, further approval by Company. (b) TbIs Agreement has been properly: executed: a_.z..+. L u o ...uw�[ i Y _ .a ,4c�.L,• �%� �.:s u Ritsa binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending or threatened against or affecting Company before any court or governmental agency that would in any material.. way affect Company's ability to perform this Agreement;: (d) Company shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, .modified, canceled, or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full foxce and effect at all times$ (e) Company has the financial capacity to pay or advance to the City all fees and payments as required under this Agreement. Page 12 of 17 J� Iti1A Book26203 /Page1391 CFN##20080104490 Page 12 of 22 25, 9enrerability. In the event that any of the covenante, agreements, terms, or provisions contained in this agreement shall be invalid, illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, terms, or provislona contained herein shall be in no way affected, prejudiced," or disturbed thereby, 25, fti.vars. No failure or delay by company or the City to insist upon the atrict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term at condition, No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No Waiver of any breach shall affect or alter this Agreement:, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof 27, Annual fRaport and Aeviax. It shall be the responsibility of the Company to submit an annual report to the City sufficient to :fulfill the requirements as ,stated in the provisions of Section 163.3235, Florida Statutes, and ordinance No. 05 -0 006 This agreement shall be reviewers annually on the anniversary of the effective date of this agxeeanent. The Company, or its assign, shall submit an annual report at least 30 days prior to the annual reviaw date. This report shall contain a sect ion °by - section listing of what obligationa have been met and the date Book20203(Page1392 Page 13 of 17 CF N#20080104490 Page 13 of 22 finalized, as good faiths compliance with the terms of the agreement: The city commission shall .review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent +evidence, that there has been a failure to comply with the tezm9 0X the Development agreement, the Agreement may be revoked or modified by the City, The obligation to svbmtt an annual report shall conclude upon the date on which the agreement is terminated, 29„ Notlaos, Any notices or ;reports required by this agreement shall be sent to the following; For tho City* City Manager` City of South Miami ' 6130 Sunset Drive South MMiami, Florida 33143 copy to Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Dr'i've South Miami, Florida 33143' For * Companys South. Miami Corporation Attn: Donald F. Hunter, Vice Pzes. dent And Wide Re Wacbolz, counsel 5`750 Sunset Drive South Miami, Plorida 33143 Copy tot )fade Re Wachol2, Esq. Gislason 6 Hunter, LLP. P.O. Box $297 Hopkins, Minnesota 55243 -2297 Sook26203 /Page 393 W. Tucker Gibbs, Esq, 215 Grand Avenue Coconut Grove, Florida 33133 Page 14 of 17 CFN#20080104490 "A %IL Pt Page 14 of 22 &: ek 6. 29. Exbi.bi"o All exhibits attached hereto contain additional terms of this agreement and are incorporated . herein by reference. 90. Amondment. This agreement may be amended by mutual written consent of the city and Company so long as the amendment meets the, requirements of the act, applicable city ordinances and P°lorida law. 31. Untire agreement. This agreement represents the entire agreement and no prior or present agteements or representations shall be binding upon either the city or Company, unless specifically incorporated herein by reference, whether such prior present agreements have. been made orally or in writing. Each party affirmatively represents that no promises have been made to that party that are not contained in this :Agreement, And the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibttsr shall be admitted into evidence on its behalf.- This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade: and may only be amended or modified by a written instrument duly executed by officers of both partied. 32. Third Party Fiaae£ias ax'y`, This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not, be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 33, Period* of Time, whenever any determination is to be made or action is to be taken on a date specified in Book20203 /Page1394 Page 15 of 17 pt�`j 1(•', CFN #20080104490 Page 15 of 22 6; .xa this Agreement, it such date shall, 'fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday; Sunday or legal, holiday, 34. Counterparts This Agreement may be executed ;including by facsimile) in one or more counterparts, and by the different parties hereto in separate Counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement.. 35; Rmcord;tion, Within 20 days after. the Development Agreement has been signed by bath the Company and: the Cltyi the Applicant shall cause a copy of the Development Agreement; to be recorded at the Applicant's expense in the registry of ,deeds in Miami -Dade County, 36. Abandonment of Riot -oft Way The City agrees to abandon the right- ofWway adjacent to the property to the buildable line; The Company shall, contemporaneously grant to the City an easement from the right -of -way adjacent to the property to the buildable line for all future needs of the City. To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with clearance as provided in the Hometown Overlay District in the Land Development `Code (10-feet minimum), Page 16 of 17 ttjt'IIq Boak262031Page ! 395 CFN #20080104490 Page 16 of 22 6 \ 8 VA$'g—ID AM Dvr4y ADOPT= by the citz Gbmmission of the City Q1 South Miami, Florida, this. „day a 200 . 14 a�a TS APPRO'VED., �., I LA READ i' D AP P7iOY: li AS To FoitM t AGREED TO this k STATE OF FT.6 ii3A utncrn5 y 4 COUNTY OF tdi*HTG 3A8€ COOK, ? The foregoing instrument was jaknowledged before me thin 2 day of 0Fc rvnr6" 200)L by V RocKwelL G Wjga who is pexsly known to me or who produced :::Z " as identification, on behalf coal the corporation, on, OyNUM EARCH My commission expires < QFFIaALSEAL ►{okxY PNwo.41019 X! Mob AkQ* 44 2011 Book262031Page1396 Page 17 of 17 CFN #20080104490 Page 17 of 22 ORDDINANCENO. .a5 -05 7827 11 AN ORDINANCE OF THE MAYOR AND CM COMMISSION OF T` It CITY OF SC7U'M MIAMI, FLORIDA ADOPTING A D,EYELOPRENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 16332211 FOR A UNIFIED X)EVELOPMNT PROJECT ]KNOWN AS "PROJECT SUNSET" '4 MCH WILL INCLUDE THREE Id'C=INCS U)P TO FOUR (4) STORIES XN HEIGHT AND T )FOLLOWING USES; 10 iYiMTI•FAMMi<LY RUSUXFi<N17AU UNXTS RBT'A U ESi 4 niCt U$9,% RESTAURAM, FANIC A IP PARl(C G GAEAGUSI ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET D� AND LROALLY DESCMED AS, LOTfi 6 THRCJ' ,P: 40 TDRU 459,53 THRU 66 INCL'USNE'AND THE EAS"r 50 FEET OF LOPS' 51 AND 52 OF WV A. LARXINS SUBDIVISION ' ACCOPWING TO THE PLAT ' TURREC RECORDED IN P A�APO 3 AT PA GY198 OF HE PUBLIC RECORDS O F R' a r VV71EAXAS1,tb0 City Oonw)issiou at its March' It 2005 meedng adopted a resolution allowing two's lal cxe crpt%s and Fadogtcd a special osr rrsuluiion.p=nitd:ag the location of Pout restaurants in the utdried develcpzzaentt a nd W8VAB.a351 tho FlorMa Ucal:Covcrnment Development A.grecwent Act, set forth in sections I G3,3�2Q�I63S?#3, Flaricie Str�t3atr<s, prca�vidcs fortlie o�ectatio�x cftlevaloptxeral egreeutcsits to insure that the law and re4uladorns in 01Te4t at the time, of the, onaoudQn of U. development agreement shall govern' the developwo4 of #lac lamd for ibc 4=bon of thb agreo eAt; and NVIUMf AS, the South bfiawl Corporation has pro"cd +,he execution of a development agrcc qlt with the. Cif of So ith Miami pert2zitiang to the mixcd use project entitled °`I Wcot Sunset" which ages nowt would sec rows all Of the conditions artd;committnezits required by the (Aly msulting ftoln `tho approval oftl e special exception mid special use requests, and WHEREAS, the Planniug Board at a meeting on 'February 22, 2005 after a public hearing, adopted a motion by a vote of 4 eye i eras radoomiending apprgval of the proposed Development Agreement subject to specific revisions and conditions, wWch have been included in the draft agreoznent and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the rcoommcodation of the Planiring Board, NOW, THTsR 1FORR, BE IT ORDAINED BY THE MAYOR AND THE CITY COMAWSION OF THE aTY OF SOUTJR ML�M FLOA]WA: Section I That a Development Agroem=4 attached 0 Exhibit "A �d irz ,thy Maro.h 11 2005 public Ixrarin.z, and dated Marvk. 15 20g05 between, the City of South Miami, Florida, and the South Miami Corporation pt"rt W5rig.to a 4's acre;'tvr�)pomcd Book26203/Pagel397 CFN #20080104490 Page 18 of 22 Ord. No. 05 -05 -1827 2 unified development to be called "Project Sanmct" which will include a total of 108 dwelling units and $7,212 square feet of eommorrial space on property located gaucrally et 5750 Sunset Drive and legally dosoribed as Lots 6 thru 9, 40 thru 45, 53 thrn 66 inclusive and the east 5Q Feet of Lots 5 f and 52 of W A, Lu)dns subdivision according to the plat thereof rworded in Mat Book 3 at page 198 of tht public records of Miami} lade County is approved. Sec. tion 2 if any section, clause; sentence, orpbrase of this. ordinances for any reason held invalid or unconstitutional by a court of eompeteut jurisdiction, this holding shall not ai ect the validity of the remaining portions of this ordinance. cd n All ordinances or parts of ordinances in conflict with the provisions of this ordinance are bcreby mpealed. Section 4 This ordinance shall be effective inbnediatoly after the adoption hereof,. >?ASS> D AND Ab01'T73D this _ _ j day of _Lt s,&., 2oos A:TITST: V, p, in$ -3 / 1 /0:5 2" atnri~3 /15/05 APPROVED AS TO FORM* Exhibif'N' Development A.groerrncat B.kComni FI=we 200513.1 -05\D oveiop=nt Aueemont Bank (*lyddoo Baok26203 /Pagel398 COWUSSION VO'TEt Mayor Ruaw1l: Vice Mayor pahnert .. C.onuttissiones Wiscombe; c6=0iscloner Birts- Cooper; Commissioner Sherar CFN #20080104490 4�1 Yes. Yen Yea Yea Nay Page 19 of 22 3 ORDINANC'ENq, 1805 -1840 at its Marcia It 2005 speow meoting approved special d mixed use development consisting of residential, office WBXPXAS,v tbo City Commission at its March 150 2005.., meeting adopted Ordinance No, 0s- 05 -182' approving a Devolopment Agreement. between the City and the developer, the South Miami Corporation for Project Sunset; and , WIT AS, Section 4 of the Dovolopment Agreement entitled "Use of Property" sots forth a: phasing schedule for flat development of the project; and WEUZFXAS, the AAdministratian has now nogotiated an amended phasing sebedule which should reduce the impact of the developmnut program on traffic and parking in. the arca; and WEMREAS Section 5 (b) of the Devalopment Agreement entitled'Tablic FarXties Serving the Prof t' p ny des a formula for determining the amount and timing of a park and open space ooncurrenoy payment to be made by the developer to the City; and WHE,RE;A.S, the Administration bas now nogotiated a specific amount and revised timing of the park and open, spaoo coneturericy payment to be made by the developer to the City; and WBIMEAS, the Plarming Board at a special meeting Jtq May 10, 2005 mmtiug after a publio to the Davolopmextit Arm=ent, NOW, TUEMOUA BE IT ORDAMED BY TaE MAYOR AND TFM CffY CQTVZWSZON OF TnB CITY OF SO'lPM WUAi1'U F LOIiI0 A* Se ti'nu 1 .TbAt Set6oia 4 entitled "rise of Property" of the Devaloprueut Agmezuout between tho City and the South 'M =i Corporation for Project Sunspot adopted by Ordinnzrou No. 05 45 -1827 at the Merck 1 5, 2005 City Commission roectitsg, is horoby aoudad to =4 41 "Use of Property, The property descibed in Exhibit "A" is to be ntilixcd for the project described in Exhibit "C"s a mixed use residential, office and retail projoottiwith a residential use Book26203 /Page 1399 CFN##20080104490 Page 20 of 22 • oy a 9Y 3 ORDINANC'ENq, 1805 -1840 at its Marcia It 2005 speow meoting approved special d mixed use development consisting of residential, office WBXPXAS,v tbo City Commission at its March 150 2005.., meeting adopted Ordinance No, 0s- 05 -182' approving a Devolopment Agreement. between the City and the developer, the South Miami Corporation for Project Sunset; and , WIT AS, Section 4 of the Dovolopment Agreement entitled "Use of Property" sots forth a: phasing schedule for flat development of the project; and WEUZFXAS, the AAdministratian has now nogotiated an amended phasing sebedule which should reduce the impact of the developmnut program on traffic and parking in. the arca; and WEMREAS Section 5 (b) of the Devalopment Agreement entitled'Tablic FarXties Serving the Prof t' p ny des a formula for determining the amount and timing of a park and open space ooncurrenoy payment to be made by the developer to the City; and WHE,RE;A.S, the Administration bas now nogotiated a specific amount and revised timing of the park and open, spaoo coneturericy payment to be made by the developer to the City; and WBIMEAS, the Plarming Board at a special meeting Jtq May 10, 2005 mmtiug after a publio to the Davolopmextit Arm=ent, NOW, TUEMOUA BE IT ORDAMED BY TaE MAYOR AND TFM CffY CQTVZWSZON OF TnB CITY OF SO'lPM WUAi1'U F LOIiI0 A* Se ti'nu 1 .TbAt Set6oia 4 entitled "rise of Property" of the Devaloprueut Agmezuout between tho City and the South 'M =i Corporation for Project Sunspot adopted by Ordinnzrou No. 05 45 -1827 at the Merck 1 5, 2005 City Commission roectitsg, is horoby aoudad to =4 41 "Use of Property, The property descibed in Exhibit "A" is to be ntilixcd for the project described in Exhibit "C"s a mixed use residential, office and retail projoottiwith a residential use Book26203 /Page 1399 CFN##20080104490 Page 20 of 22 ORDINANC'ENq, 1805 -1840 at its Marcia It 2005 speow meoting approved special d mixed use development consisting of residential, office WBXPXAS,v tbo City Commission at its March 150 2005.., meeting adopted Ordinance No, 0s- 05 -182' approving a Devolopment Agreement. between the City and the developer, the South Miami Corporation for Project Sunset; and , WIT AS, Section 4 of the Dovolopment Agreement entitled "Use of Property" sots forth a: phasing schedule for flat development of the project; and WEUZFXAS, the AAdministratian has now nogotiated an amended phasing sebedule which should reduce the impact of the developmnut program on traffic and parking in. the arca; and WEMREAS Section 5 (b) of the Devalopment Agreement entitled'Tablic FarXties Serving the Prof t' p ny des a formula for determining the amount and timing of a park and open space ooncurrenoy payment to be made by the developer to the City; and WHE,RE;A.S, the Administration bas now nogotiated a specific amount and revised timing of the park and open, spaoo coneturericy payment to be made by the developer to the City; and WBIMEAS, the Plarming Board at a special meeting Jtq May 10, 2005 mmtiug after a publio to the Davolopmextit Arm=ent, NOW, TUEMOUA BE IT ORDAMED BY TaE MAYOR AND TFM CffY CQTVZWSZON OF TnB CITY OF SO'lPM WUAi1'U F LOIiI0 A* Se ti'nu 1 .TbAt Set6oia 4 entitled "rise of Property" of the Devaloprueut Agmezuout between tho City and the South 'M =i Corporation for Project Sunspot adopted by Ordinnzrou No. 05 45 -1827 at the Merck 1 5, 2005 City Commission roectitsg, is horoby aoudad to =4 41 "Use of Property, The property descibed in Exhibit "A" is to be ntilixcd for the project described in Exhibit "C"s a mixed use residential, office and retail projoottiwith a residential use Book26203 /Page 1399 CFN##20080104490 Page 20 of 22 01 , t rd. 'No, 18-05-1840 1 2 4 6 S 9 10 11, 12 11 ' 14 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 not to exceed 108 "chamfered" corner 4k, 2 r e t: • s. f fifty six feat, The project sbaIJ be built in two phases ss 16130wec P1xas�s I sltail +cvnsls# afl3lockk� "A" and �'B" described A exhibit "C "; Phase II shall consist of Work LW =1 described in Sxhibit "C", 'lase dOW Ia m t of the property shall bq emtadtt Win d rdando with: the appncvl sits P1 ort file, ate pity, {ttttached arid inoarpesrtit tis 71t%bit'C ") ittelt diuq� olev4o s architectural featwes and estim od controer6o , mm otago piarsuart# #ra e bran 2 t,3: -7, of tho UDO." Sattion 2 ,fit Section 5(b) 6itiacd "Pablic :Yacilitl Serving rise P,rojMV, of the Development Age ment lie ern the Ci?y and the mouth l�antf CAriaoxation for i'rtrjeo ° i zsot! adopted: by Ordinance No. 05-054827: Otht Macey 15, 2DO' :ity Co n` Aou cd�, is n bemby mt cd to recd :. 5. Vubft' Facilities Serving, the Project Section, 3 If any section, clause, sentence, orphme oftWs ordinanca is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect tho validity of the rexosuungportions of this ordinance, 52A MA All ordinances or parts of ordinances in conflict with the provisions of this ordinance arc bereby repealed, Dook26203IPage1400 CFN #20080104490 Page 21 of 22 New wording underlined; wording to be rmoved indicated by strtkethrough Book262031PagO401 CFN #20080104490 Page 22 of 22 4: 4, +''�V;�: �q�.ga�y4t0y°•o�y`°r;Noy �,ar�,,��ot�t�j araJ59im v hNc+� Mt+)i co M rti1CVN Cat T' y d Iris N co Q h �, r Y F IN (ti Oi Q; Ldi IY3 to s M a (0 0 a0)i0 NN00tC'r"qigo cVM� attANtVNU]N Wota�t�N VW M il0 r tr Y t^ (` t 4 CO Q O) d� tlAM41 O! SAtp ?LoNLOr'N rroo �C�^tMNNt��tO�SflD3 er N Cl 0 Ll .' r fn M Fp^, S? qR�7 th- �t7 tC? O N�OO4 d O d 93 CL j . Q otJ to cvsNN{.i vo lr `r`�M a�+;� rri .J A.' (YV 0 0 .• o o n o o a r uy o h x T` _ tU) v°y a�i, ��i oi� voi, r°i, c°r�, o w t a r°v co urns trrn� :irn+? i:G7MtDMM(S�N�t h 1^ 0 m !0 CO l(') r T r 0 tz � ti7 S�.. LO Qi � i�°' E H LO V) A'� iri LT>urf � T 7� 0 r C7 00 rn rNpr Y c» M O'1 r W 4�i } i S{i`5^L co 99 99 99 ��±� �rnorarn07tf��rn� �;�.csocaca oaoocaoa EXHIBIT "B" r 4 j 11/08/10 MIAMI -DADS TAX COLLECTOR: TAX BECTION 140 WEST'FLAGLER STREET, SUITE 1407 MIAMI, FL 3 >3130, -1.575 o 5940 * *5211929;.89 MIAMI-DADS TAX COLLECTOR Vendor Number 594 0 INVOICE NO DATE AMOUNT PAID GL ACCOUNT DESCRIPTION' YPAR. ^2010 11/01/10 494, 575.45 1000029070 MIA- DARE TAB COLLECTOR-RE X 2010 11/01/x.0 27,353o43 1000029050 MIA — JADE TAX COLLECTOR"PR CHECK AMC?= — 521, 929.89 �iOxaaal' w r <�Fra�✓ +.'i- r #7,�j�avmt�e�.�y w ank fm 4000043' P+'ii4XIA "18" {3Yt MON'YL34i.M� PAYMEWT 3YS%EMA tNC. P.O. WX947$, MINNEAPOLIS, NN.'MMf On = P W DAN OF ,NEW Y*AX MEUON, 6� 07t mh PATFi - PAY Bxactly * ** * * * *5�lr 929 and 891100 clol1axz AMOUNT, TO THE MIAMI''DADE TAX COLLECTOR r; +�a <` `. Cleo OF TAX SEdT O7:, v DRAWER: FIPXr NATIONAL BANK OF SOUTH MIAMI :14 0-- T/ U T FLArr7ZR , S {p JE 7 ' ^( � • � .. , e �� .. MIAMI, FL= 33130 -1575 ii'�0000(,14 ?ij' i:O i iDO ?09 20:0 1600 i 2 i6 2 ?90+t' 0, m Municode 20- 5.14 w Certificates of occupancy. C C Page 1 of 1 (A) Certificate Required. No land shall be used or occupied and no structure shall be altered; erected, moved, used or changed until a certificate of occupancy has been issued by the building and zoning department stating that the structure or use complies with this Code and the Building Code, (B) prooedums (1) A certificate of occupancy shalt be issued only after construction has been completed and final inspections have been conducted and approved, (2) A certificate of occupancy shall be issued within ten (10) working days after completion of construction of such structure, subject to: (a) inspection by the building official to determine compliance with all applicable provisions of this Code; and (b) Compliance with the Building Code and all other applicable regulations: (3) 'in the event of a question concerning the legality of a use, the director may require affidavits and such other information as deemed necessary before Issuance of a certificate of occupancy. (4) A record of all certificates of occupancy shall be kept on file in the building and zoning department; EXHIBIT "a" http, / /ltbrary.mur icode.con /print,aspx ?h= &clientID= 12667 &HTMRcquest =http %3a %2f... 12/20/2012 Munlcode 20=7930 Unity of Title required. OR BK 28507 PG 0887 LwAST IFaAGE Page i;of 1 (A) A Unity of Title, as set forth in Section 20 "5.16; Is required for all platted lots In any development project within the HD if any of the following oonditions exist; (1) If a development project Is to be built on two (2) or more abutting platted lots; (2) if the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right - of-way or alley,' (3) If the required parking for a development project Is located on a lot other than on the site which Is generating the required parking. (Ord No$ 23- 99-1697, § 4, 11- 16-99; Ord, No. 05- 07.,1906, § 1, 2- 20-07; Ord. No. 25- 10-2450, § 2, 947 10) STATE C3F r- I,ORIDA, COUNTY OF l.ADE 1 H fv'cby CHR "rIFY ifs .qtj " t�r 0 pY of Me orlyf r,.v m r�� ; e ,' r HARVEY oovlh� D.0 http:lAibrary,mura'code,com/ print.aspx ?h= &client1D= 1266'7 &HTMRequest =http %3 a %2f... 12/20/2012 61 m Miami -Dade County. Real Estate Tax Information �k Q4 Page 1 of I Show Me: 2012 Taxes Property Taxes Today's Date: 05/01/2013 Last Update: 04 /2912013 Tax Year 2012 Folio Number: 09 40360220060 SOUTH MIAMI Search By Owner's Name: SOUTH MIAMI CORP Select Item Property Address: 5750 SUNSET DR Detail Tax information: To view 2012 Tax Notice /Memorandum click here Gross Total Taxes: Ad Valorem 89191.88 Total Gross 89191.88 2012 Taxes are In paid status, Payments Applied To 2012 Taxes: Date Applied Register /Receipt Amount Paid 11/20/2012 6039/0000041 85624.20 Contact information E -Mail: ro tax miamidade.aov (305) 270- 49.16V Downtown Office: 140'W Hagler St., Room 101 Miami, FL 33130 Office Hours: Mon Fri &,00 AM - 4:30 PM` Prooertv Tax Home l Real Es,late Tax Into 12Cr ,axes 1 PrhaYY ars 12012 Non -Ad Valorem '2012 Back Assesssrienls 1 D 2 Bnter ise' orr `1 01 Fli t_ or c at r iialoments_. 2013 Quarterly Payments I :zIL41eta d ,.. Miami -Dade Home I Using Our Site l About I Phone Directory I Privacy { Disclairne r © 2002 Miami -Dade County, All rights reserved, E-mail your comments, questions and suggestions to Webmaster EXHIBIT C http:// e.gvsys. mia.midade. gov :16081ww%vsery /ggvtltxcawO2.dia ?folio= 0)40360220060 5/1/2013 Miami -Dade County. Real Estate Tax Information Page l of 1 Show Me 2012 Taxes Property Taxes Today', Date: 05/01/2013 Last Update: 04/29/2013: Tax. Year: 2012 Folio Number: 09 40360220070 SOUTH MIAMI Search By: Owner's Name: SOUTH MIAMI CORP Select Item Property Address: 5760 SUNSET DR Detail Tax Information: To view 2012 Tax Notice /Memorandum click here 012 Taxes Gross Total Taxes: 'rior due are Years Taxes Due change without 012 Ad Va orem Ad Valorem 32357,40' 012 Non -Ad Valorem Total Gross: 32357,40> 012 Back Assessments 012 Enterprise Folio _.v. -,., . ._ ... .. 012 Historical Abatements' 2012` Taxes are In paid status,; 013 Quarterly Payments _ ...... .. ...... . ......� 0--"�2 T-ax -+ Noti o6 /Cv+arr}orandum Pavmerrt�A-pplied -ro 20'12. Taxes: Date Applied Register /Receipt Amount Paid 11/20/2012 6045/0000185 3106110 ro tax miamidade.aov' (305) 270- 4916q@ Downtown Office 140 W Flagler St;, Room 101 Miami, FL 33130 Hours:. . Fri P o r kf4me 1- Peal" Tsrx I al 2 axes I PJr RLYLears 12012 Non -Ad Valorem _012 ?012 Back AssSPienis, 120 ? ler J 'S # "r ai bet e +rt# (2013guarleriyPayments I 2U1� Taff'%lofteeXhrlrstt,(plaridUm Miami -bade Home I Usino Our Siie I About I Phone hirrrinry + Privar.v I mnisirner Q 2002 Miami -Dade County, All rights reserved- E -mail your comments, questions and suggestions to Webmaster http: / /egvsys.miamidade.gov :1608 /wwtivsery /ggvtltxcaw02.dia ?folio - 0940360220070 5/1/2013 Amounts due are subject to change without notice. ro tax miamidade.aov' (305) 270- 4916q@ Downtown Office 140 W Flagler St;, Room 101 Miami, FL 33130 Hours:. . Fri P o r kf4me 1- Peal" Tsrx I al 2 axes I PJr RLYLears 12012 Non -Ad Valorem _012 ?012 Back AssSPienis, 120 ? ler J 'S # "r ai bet e +rt# (2013guarleriyPayments I 2U1� Taff'%lofteeXhrlrstt,(plaridUm Miami -bade Home I Usino Our Siie I About I Phone hirrrinry + Privar.v I mnisirner Q 2002 Miami -Dade County, All rights reserved- E -mail your comments, questions and suggestions to Webmaster http: / /egvsys.miamidade.gov :1608 /wwtivsery /ggvtltxcaw02.dia ?folio - 0940360220070 5/1/2013 4: 4, Miami -Dade County. Real Estate Tax Information k k Page 1 of 1 Show Me: Property Taxes Search By: Select Item 2012 Taxes Today's Date: 0510112013 Last Update: 04/29/2013 Years 2012 Folio. Number: 09 403602204001 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: 5795 SW 73 ST To View 2012 Tax.Notice /M morandum click here Gross Total Taxes.'!` Ad Valorem; 15975,71 Total Gross: 15975.71 2012 Taxes are in paid statusi Payments Applied To 2012'Taxes: Date Applied Register /Receipt Amount Paid 11/2012012 6045/0000192 15336.68 Amounts due are subject to change without notice. E- Mail ro tax miamidade.aov (305) 270 -4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 1® - Fri Property Tax Home I Real Estate Tax info 12012 Taxes i Prior Years 12012 Non -Ad Valorem 2012'6 ck Assessments ;,� 2012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments I 2012 Tax Notice /Memorandum Miami -Dade Ljorne I ;Using Our Sit e,'I' bout I Ehone 12irectory I Privacy i Disclaimer ®2002 Miami -Dade County. All rights reserved:, E- mail your comments, questions and suggestions to webmaster http: / /egvsys.miamidade.gov :1608 /wwwsery /ggvt /txcaw02.dia ?folio = 0940360220400 5/1/2013 Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Met 2012 Taxes I Property Taxes Today's;Date# 05/01/2013; Last Update: 04/29/2013 Tax Year: 2012 Folio Number: 09 40360220410 SOUTH MIAMI Search By; Owner's Name: SOUTH MIAMI CORP Select Item; Property Address. Detail Tax information: To view 2012 Tax Notice /Memorandum click here Real Estate Tax Info 2012 Taxes Gross Total Taxes: Prior Years Taxes Due 2012 Ad Valorem ` ' Ad Valorem 37899.40 2012 Non -Ad Valorem Total Gross: 37899,40 2012 Back Assessments °. 2412 Enterprise Folio , --- .,.. . 2012 Historical Abatements 2012 %Taxes are in paid status. 2013 Quarterly Payments 2012 Tax Notice /Memorandum Payments Applied To 2013 Taxes; Date Applied Register /Receipt Amount Paid' 11/20/2012 604510000193 36383.42 E -Mail: ro tax miamidade.cjov (305) 270 - 4916(' Downtown Office: 140 Fiagler St'., Room 101 Miami, FL 33130 i re Fla Hort%�, j ` e' 0 Estate T6i nfoz 12012 Taxes I Prior Years 12012 Non -Ad Valorem 12012 Historical Abatements 12013 Quarterly Payments I' 2012 Tax Notice /Memorandum Miami -Dade Home I Vsina Our $ite I About i Phone Directory I Privacy I Disclaimer Q 2002 Miamf -Dade County., All rights reserved. E -mail your comments, questions and suggestions to Webmaster http : / /egvsys,miamidade.gov :1608 /wwwsery /ggvt /txcaw02,dia ?folio= 0940360220410 5/1/2013 k Miami -Dade County. Real Estate Tax Information C C Page 1 of 1' Show Me; Property Taxes Search By: Select Item 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 Year: 2012 Folio Number 09 40360220450 SOUTH MIAMI Owner's Name: SO MIAMI CORP Property Addresss 7320 SW 57 CT To view 2012 Tax Notice /Memorandum click here. Gross Total Taxes: Ad Valorem- 1757$,73 Total Gross., 17578.73 2012 Taxes are in paid status, Payments Applied To 2412 Taxes: Date Applied Register /Receipt Amount Paid 11/20/2012 6045/0000197 16875.58 Amounts due are subject to change without notice. E -Mail` ro tax miamidade.gov (305) 270 - 4916(@ Downtown Office: 140 W Flaglei St., Room 101 Miami, FL 33130 Office Hours. Mon - Fri In AM . 4.36PM' Property Tax _Home 'I Rea(Eslate Tax Info 12012 Taxes I nor Years 12012 Non -Ad Valcrem 2012 Back Assessments 1 2012 Enterprise r 0 ( 2012 Historical Abatements 12013 Quarterly Payments i 2012 Tax NoticelMemorandum Miami -Dadg Home I Usma ©ur Site I About t Phone Directory I Prime ( Disclaimer 0 2002 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to webmaster http : / /egvsys.miamidade.gov .1608 /wwvvsery /ggvt/txcaw02.dia ?folio = 0940360220450 5/t /2013 $f Miami -Dade County. Real Estate Tax Information Page 1 of I Show Me, 2012 Taxes Property Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 Tax Year: 2012 Folio Number: 09 '40360220420 SOUTH MIAMI' Search By. I , 1 1 Owner's Name: SOUTH MIAMI Select item Property Address: 57795 SW 73 ST Detail Tax Information: To view 2012 Tax'Notice /Memorandum click here Real Estate Tax Info -vim ... - -- � , ._.. �._:� . ... . . ..... ..., ,; ..., 2.012 Taxesµ Cross Total Taxes: Prior Years Taxes Due 2012 Ad Valorem Ad Valorem 26368.07 2012 Non -Ad Valorem Total Gross: 26368.07 2012 Back Assessments :2042 Enterprise Folio 12 Historical Abatements 2012 13 Quarteriy Payments - --- -------- "2-Fa Notice emoran um Payments Applied To ; Date Applied 11/20/2012- 0 2002 Miami -Dade County: All rights reserved. :es are in paid status. Register /Receipt 6045/0000194 Amount Paid 25313.35 Amounts due are subject to change, without notice, E -Mail: r tax miamidade.aov (305) 270 -4916 Downtown Office: 140 W Hagler St., Room 101 Miami, FL 33130 Office Hours: Mon - Fri E-mail your comments, questions and suggestions to Webmastor http ;Hegvsys,miamidade.gov :1608 /wwwsery /ggvt /txcaw02.dia ?folio = 0940360220420 5/1/2013 4. Miami -Dade County. Real Estate Tax Information: 41�: 4. Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: 2012 Taxes Today's Date: 05/01/2013 Last Update: 041291201.3 Year; 2012 Folio Number: 09 40360220320 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: Gross Total Taxes: Ad Valorem 29537.66- Total Gross: 29537.66 2012 Taxes are in paid status, Payments Applied To 2012 Taxes :: Date Applied Register /Recelpt Amount Paid 11/20/2012 6045/0000189 28356.15 ro tax miamidade.gov (309) 270 -4916 Downtown Office, 140 W Flagler St, Room 101 Miami,, FL: 33130 Office Hoursb Mon - Fri 12012 Non -Ad Valorem 12013 Quarterly Payments 1 Miami - Dade Home ( Using Our Site) About I Phone Directory I Privacy I Disclaimer C� 2002 Miami -Dade County, All rights reserved. E -mail your comments, questions and suggestions to Webmaster http: / /cgvsys.miamidade.gov: 1608 /-vvwwsery /ggvt /txcaw02.dia ?folio = 0940360220320 5/1/2013 Amounts due are subject to change without notice.. ro tax miamidade.gov (309) 270 -4916 Downtown Office, 140 W Flagler St, Room 101 Miami,, FL: 33130 Office Hoursb Mon - Fri 12012 Non -Ad Valorem 12013 Quarterly Payments 1 Miami - Dade Home ( Using Our Site) About I Phone Directory I Privacy I Disclaimer C� 2002 Miami -Dade County, All rights reserved. E -mail your comments, questions and suggestions to Webmaster http: / /cgvsys.miamidade.gov: 1608 /-vvwwsery /ggvt /txcaw02.dia ?folio = 0940360220320 5/1/2013 Miami -Dade County. Real Estate Tax Information Page '1 of I Show Me: Property Taxes Search By; Select Item Information :' 2012 Taxes Today's pate: 05101/2013 Last Update: 04/29/2013° Year: 2012 Folio Number: 09 40360220310 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To View 2012 Tax Notice /Memorandum click here' Gross Total Taxes Ad Valorem 14768.84 2012 Taxes are In paid status, Payments Applied To 2012 Taxes:' Date: Applied Register /Receipt Amount Paid 11/20/2012 6045/0000188 14178:09 Total Gross: 14768.84 . Amounts due are sttbject to change without notice: 2012 Taxes are In paid status, Payments Applied To 2012 Taxes:' Date: Applied Register /Receipt Amount Paid 11/20/2012 6045/0000188 14178:09 L.-Iy1Gn1l ro tax miamidade.clov, (305) 270 -4916( Downtown Office 140 W Flagler St.; Room 101 Miami, FL 33130 Office Hours; Mon Fri Property Tax Home I Real Estate Tax Info;1 2012 Taxes, I Prior Years 12012 Non -Ad Valorem 2012 Back Assessments 12012 Enterprise Folio (;2012' Historical Abatements 12013 Quarterly Payments i 2012 Tax NpticeiMemora. durn 1viiariii -Dade I M . ine I using L)ur alte..I About I Phone Directory j - Nivacy i Disclaimer C� 2002 Miami -Dade County,. All rights reserved; E-mail your comments,_ questions and suggestions to Webmaster http: / /egvsys.miamidade.gov :1608 /wwwsery /ggvtltxcaw02.dia ?folio = 0940360220310 5/1/2013 Amounts due are sttbject to change without notice: L.-Iy1Gn1l ro tax miamidade.clov, (305) 270 -4916( Downtown Office 140 W Flagler St.; Room 101 Miami, FL 33130 Office Hours; Mon Fri Property Tax Home I Real Estate Tax Info;1 2012 Taxes, I Prior Years 12012 Non -Ad Valorem 2012 Back Assessments 12012 Enterprise Folio (;2012' Historical Abatements 12013 Quarterly Payments i 2012 Tax NpticeiMemora. durn 1viiariii -Dade I M . ine I using L)ur alte..I About I Phone Directory j - Nivacy i Disclaimer C� 2002 Miami -Dade County,. All rights reserved; E-mail your comments,_ questions and suggestions to Webmaster http: / /egvsys.miamidade.gov :1608 /wwwsery /ggvtltxcaw02.dia ?folio = 0940360220310 5/1/2013 Miami -Dade County. Real Estate Tax Information 6 Page l of I Show Mess Property Taxes Search By :__ Select Item Detail Tax Information: 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 Year: 2012 Folio Number: 09 40360220300 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice /Memorandum click here Gross Total Taxes: Ad Valorem 14768.84 Total Gross: 14768.84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes:, Date Applied Register /Receipt Amount Paid 11120/2012•` 8045/0000187 14178.09 Contact Information E .Mail:. ro tax miamidade.aov (305) 270 -4916V Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hoursa ' Mon -, Fri 8,00 AM ,4:10 PM. Preoerav is n5e i }Pty sii `€°trsi (�, js i t riorYewta 1X12 Nan -Rd Valorem �ft12 304, s i� mdnts. CE12 E rpr rise olt 12012 Historical Abatements 12013 Quarterly Payments 1 26,12 1ax NQUWyS=MDA1M .. .. Miami -Dade tome 1 Usinp'OurSite l About) Phone Directorti I Privac 1 Disclaimer Q 2042 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to Webmaster http: / /egvsys.miamidade.gov :1608 /wwwsery /ggvt /txcaw02.dia ?folio= 0940360220300 5/1/2013 Miami -Dade County. Real Estate Tax Information. Page I of l Show Me: 2012 Taxes Contact lnforrnatiort Property Taxes Tax E -Mail Today s Date: 05/01/2013 Last Update: 04129/2413 Year: 2012 ro tax Folio Number; 09 40360220330 SOUTH MIAMI, Search o Owner's Name: SOUTH MIAMI CORP Select Item Property Address: Detail Tax Information: To view 2012 Tax. Notice /Memorandum click here cu ,c rax rvvucenv,tnrurcr €,uurn Payments Applied To 2012 Taxes' Date Applied Register /Receipt, Amount Paid 11/20/2012 604510000190 14178.09 (305) 270 -4916V Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office H Mon - 04 AM -; Property Tax Horne; I Real Estate Tax Info 1 2012 Taxes. I Prior Year 12012 Non -Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments 1 2012 Tax otice /Memorandum 1vnari i -Dauer h{orria- 1 using vur Sire I. Auuui j Friona Diredory I t rnvaoy j uisdairner 0 2002 Miami -Dade County. All rights reserved. E-mail your comments; questions and suggestions to Webmaster http:// egvsys .miarnidade.gov:1608 /wwwsery /ggvt /txcaw02.dia ?folio = 09403602203.30 5/1/2013 Amounts due are subject to change without notice:: (305) 270 -4916V Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office H Mon - 04 AM -; Property Tax Horne; I Real Estate Tax Info 1 2012 Taxes. I Prior Year 12012 Non -Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments 1 2012 Tax otice /Memorandum 1vnari i -Dauer h{orria- 1 using vur Sire I. Auuui j Friona Diredory I t rnvaoy j uisdairner 0 2002 Miami -Dade County. All rights reserved. E-mail your comments; questions and suggestions to Webmaster http:// egvsys .miarnidade.gov:1608 /wwwsery /ggvt /txcaw02.dia ?folio = 09403602203.30 5/1/2013 4 C Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Me Property Taxes Search By: Select Item Detail Tax Information: 2012 Taxes Today's Date: 05/0112013 Last Update: 04/29/2013 Year 2012 Folio Number: 09 40360220290 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice /Memorandum click here Gross Total Taxes; Ad Valorem, 14768,84 Total Gross; 14768.84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes. Date Applied Register /Receipt Amount Paid 11/20/2012 6045/0000186 14178;09 Gong ro tax miamidade.gov (306) 270 -4916V I Downtown Office: 1401 Flagler St, Room 101 Miami, FL 33130 Office Hours: Mon - Fri )0 AM - 4 :30 PM Property Tax Home; I : Real Estate Tax Info' 12012 Taxes I Prior Years 12012 Non -Ad Valorem' 2012 Back Assessments; ( 2012 Enterprise Folio 12012 Historical Abatements ( 2013 Quarterly Payments 1 2012 Tax Notice /Memorandum Miami -Dade Home I Using Our Sit e ( About I Phone Directo(y 1 Privac y l Disclaimer 0 2002 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to Webmaster htip:Hegvsys.mianiidade.gov: 1608 /wwwsery /ggvt/txcaw02.dia ?folio = 0940360220290 5/1/2013 Amounts due are subject to change without notice: Gong ro tax miamidade.gov (306) 270 -4916V I Downtown Office: 1401 Flagler St, Room 101 Miami, FL 33130 Office Hours: Mon - Fri )0 AM - 4 :30 PM Property Tax Home; I : Real Estate Tax Info' 12012 Taxes I Prior Years 12012 Non -Ad Valorem' 2012 Back Assessments; ( 2012 Enterprise Folio 12012 Historical Abatements ( 2013 Quarterly Payments 1 2012 Tax Notice /Memorandum Miami -Dade Home I Using Our Sit e ( About I Phone Directo(y 1 Privac y l Disclaimer 0 2002 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to Webmaster htip:Hegvsys.mianiidade.gov: 1608 /wwwsery /ggvt/txcaw02.dia ?folio = 0940360220290 5/1/2013 Miami -Dade County. Real Estate Tax Information Page '1 of 1 Show Me: 2012 Taxes Contact information Property Taxes Tax E- Mail: Today's Date: 0510112013, Last Update: 04129/2013 Year, 2012 ro tax Polio Number: 09 40360220430 SOUTH MIAMI miamidade.gov Search By: Owner's Name: SO MIAMI CORP {305} 270 -4916 Select item property Address: 5791 SW 74 ST .... _... a .. �n..x w��; �u� Downtown Office: Detail Tax Information: To view 2012 Tax NoticelMemorandum click here 140 W Flagler St., Real Estate Tax Info n ..... .. Room 101 2012 Taxes„ Miami, FL 33130 Prior Years Taxes Due Gross Total Taxes; 2012.a Ad Vlorem Ad Valorem 73443.09 2012 Non -Ad Valorem Total Gross; 73443.09 Office Hours: 2012 Back Assesments- Mon -Fri _.a... .: .......,. ._ 2012 Enterprise Folio- 8:00'AM - 4:30 PM 2012 Historical Abatements 2012 Taxes are in paid status. 2013 Quarterly Payments - ____ _ _ ___ �. _ .._, -201 Tax-Noticex/Mem-oranzlum R iat�ti tinker, Payments Applied To 2012�Taxes: Tax Collector Date Applied Register /Receipt Amount Paid Property Appraiser 11120/2012 6045/0000195' 70505.37 Florida State Dept of Revenue 0 Amounts due are subject to change without notice.; Property Tax Home I Real Estate Tax Into 1 2012 Taxes I Prior Years 12012 Non-Ad Valorem 2012' Back Assessments '12012 Enterprise Folio _ 12012 Historical Abatements, 12013 Quarterly Payments 1 2012 Tax Notice /Memorandum y Q 11"VOVO I IVI 1G. t VOIIIU 4LLI: JIIO � IIUtJIJ I" � ('i1V11G V1(G1vlVIY �'r l�yi]i1Y. � VIJGIQIII I::� O 2002 Miami -Dade County,, All rights reserved, E- meil`yourcomments, questions and suggestions to Webmaster http: / /egvsys.miamidade.gov: 1608 /wwwsery /ggvt/txcaw02.dia ?folio = 0940360220430 5/1/2013