Res No 176-12-13733RESOLUTION NO. 1764243733
A Resolution to consider the adoption of a development agreement proposed
by Metro South Senior Apartments Limited Partnership, pursuant to
sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space
and 91 affordable senior apartments at 6101 Sunset Drive, South Miami,
Florida, which will require concessions, including parking and height
variances and which will either be rejected, accepted or accepted with
amendments.
WHEREAS, Metro South Senior Apartments Limited Partnership ( "Metro South ")
sought rezoning of a portion of the property located at 6101 Sunset Drive, South Miami, Florida
which was denied by the City of South Miami ( "City "); and
WHEREAS, Metro South made a demand for mediation pursuant to sec.70.51, Florida
Statutes; and
WHEREAS, Metro South and the City have been engaged in mediation proceedings
pursuant to sec. 70.5 1, Florida Statute, which has resulted in a development agreement proposed
by Metro South; and
WHEREAS, it is the obligation of the City to review the proposed development
agreement pursuant to sec. 70.5 1, Florida Statute, and to either reject it, approve it or approve it
with amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Commission hereby rejects the development agreement proposed by
Metro South Senior Apartments Limited Partnership.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission,
PASSED AND ADOPTED this 21St day of Au ust, 2012.
ATTEST:
APPROVED:
Page 1 of 2
READ A APPRO E TO FORM,
COMMISSION VOTE: 1 -4
LAN AGE, LEGAL Y D Mayor Stoddard: Yea
TION THE r OF Vice Mayor Liebman: Nay
Commissioner Newman: Nay
Commissioner Harris: Nay
Cl AT O Commissioner Welsh: Nay
wAmy documents\resolutions \resolution metro so sr dev agree.doc
Page 2 of 2
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Hon. Mayor, Vice Mayor
and Commissioners
FROM: Thomas F. Pepe
City Attorney
Subject: Development
Resolution
Date: August 1, 2012
RE: Metro South Senior Apartments
Limited Partnership
A Resolution to consider the adoption of a development agreement proposed by
Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and
163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior
apartments at 6101 Sunset Drive, South Miami, Florida, which will require
concessions, including parking and height variances and which will either be rejected,
accepted or accepted with amendments.
Metro South Senior Apartments Limited Partnership, a Florida Limited Partnership
( "Metro South "), requested relief under the Florida Land Use and Environmental Dispute Resolution Act,
Fla. Stat. §70.51 (2011) ( "FLUEDRA ") from the March 20, 2012 action of the City of South Miami's
( "City ") denial of Metro South's application fora zoning boundary change concerning a split zoning
condition on property located at 6101 Sunset Drive.
The subject property is comprised of three adjoining lots, located at the corner of S.W. 61St Avenue and
Sunset Drive. The southern lot fronting on Sunset Drive and the middle lot are both zoned MU -5. The rear
or northern most lot falls within the boundary of the MU -4 zoning category, which limits development to a
height of two stories.
This property is surrounded on all sides by areas within the MU -5 boundary (permitting up to 8 stories)
and Medium Intensity Office ( "MO ") areas which permit up to 4 stories.
Metro South's application came before the City planning staff and representatives of Metro South,
the Commission voted 4 -1 in favor of granting the application.
The denial was unreasonable from a land planning perspective. By its action, the City unreasonably
refused to rectify an obvious and undesirable land planning anomaly caused by location of the boundary
between MU -4 and MU -5 within a city block already surrounded by higher existing development and higher
allowable development. Aside from the negative aesthetics of the resulting neighborhood "canyon ",
perpetuation of the split zoning causes design constraints that unreasonably impair the ability of Metro South to
provide affordable apartments of industry standard size.
See Attachment A which is the final proposal made by Metro South after its review of the City's
suggested changes. In addition, Metro South has made the following proposals for changes to the development
agreement:
Metro South deliversed all the exhibits with labels to the City Clerk's office which should include a
letter size set of the exhibits (so they can be appended to the attached Agreement). Also included should
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corresponding labels, in case that makes it easier for viewing.
Metro South believes that the residential parking ratio in Metro South's proposed agreement could be
raised to 1.0 (ensuring one space for each of the 91 units), and the commercial space could be reduced by
1,200 square feet to accomplish this. This would leave 91 spaces for the residential and 15 spaces for the
ground floor commercial. According to Metro South, this might mean some parking spaces go unused
(research indicates much lower parking ratios are necessary to supply adequate parking for senior
housing), it would raise the residential ratio to 1.0, albeit at the expense of commercial space. If this were
more desirable to the city, paragraph 6(a) could read:
(a) Residential Parking Adjustment. The Commission hereby approves the parking depicted in
Exhibit B to include a total of 106 spaces, 91 of which are for the 91 dwelling units
proposed (reflecting a residential parking ratio of 1.0 instead of 2.0) and 15 of which will
meet commercial parking requirement for 1,445 square feet of commercial square footage
located on the ground floor.
Metro South also proposes that another solution might be to keep the commercial square footage at
the originally proposed 2,645 square feet but concur that the applicable commercial parking ratio is 1
space per 400 square feet instead of 1:100 that was assumed originally. (Metro South designed for the
most demanding commercial ratio, even though actual tenants who might occupy the space might qualify
for the 1:400 ratios). If the lower commercial ratio applied, even more spaces could be devoted to the
residential ratio.
The City's Chief Financial Officer has expressed concerns with section 10 concerning Taxation. He
does not feel that the provision substituted by Metro South in place of the City's suggested language found
in Attachment B ( "Taxation. In the event that the developer changes to a non - profit ownership entity,
Developer shall not apply for any exemption that affects the taxable value of the property. ") and if the
ownership /developer does apply to the IRS to be designate as a 5016 and meets the federal qualifications
and if it is ultimately designated a 501c3 and then supplies /applies to the County property appraiser the
federally issued 501 c3, and they meet the other state requirements, the County property appraiser has no
jurisdiction to deny their request and will treat them and the property as such. A PILOT may be an option.
He has otherwise approved the resolution from a financial standpoint.
See Attachment B which contains modification and suggestions by the Director of Planning and Zoning,
various commissioner members and comments by the City's Building Director.
The most significant concern of the City's Building Director is the inability to meet a date certain for
the issuance of a building permit by his office. In addition, Standard permit fees usually collected by the
Building Department WILL NOT BE WAIVED for work done by independent contractors. All work
logs maintained by independent contractors must still be reviewed and approved by City staff. Under no
circumstance can the issuance of a building permit can be guarantee by any date, as several aspects of the
approval process are controlled by the County Permit Center (PERA) over which the City has no control
or authority. The issuance of a CSM building permit by September 15, 2012 CAN NOT be guaranteed by
the Building Department as there are multiple concurrent approvals required by entities not under the
department's control, including DERM, WASA and Fire departments of Miami -Dade County not under
the City's control.
The Planning and Zoning Director gave the following information to the Developer:
On May 18, 2012 Beneficial Communities was given the in
to Mr. Dusan Peric with Beneficial Communities, regarding
final review by the Environmental Review and Preservation
Board acts in the capacity similar to a Board of Architects.
application was attached to an e -mail to it. FedEx delivered
office. .
formation that was previously provided
the requirements for preliminary and
Board (ERPB). It was advised that this
At that time a copy of the ERPB
the preliminary plans to the Director's
On April 18, 2012 Beneficial Communities was strongly urged to complete the preliminary
(architectural) approval before submitting for final because if the Board requires changes or
amendments to the architectural submittals, these changes will have to be reflected in the final
construction drawings before it could proceed to permit. Beneficial was advised that, in the past, the
Board has deferred reviews and approvals to subsequent meeting dates until their recommended
changes or conditions are incorporated. It was also advised that should it decide to go to final
review, it would also be required to provide the following In addition to the requirements that were
previously sent to them:
1. Electrical, Mechanical (HVAC), Plumbing and Structural plans (MEPS) (8 -sets)
2. All energy computations
3. Digital Copy of the submittal in a PDF format, to include all materials consistent with
your entire hardcopy submittal.
Attachments: Attachment A — Metro South's Proposed Development Agreement
Attachment B - Development Agreement with Additional provisions supplied by various
commissioners, city staff, including City Planning and Zoning Director and
Comments by City Building Director.
Attachment C — LDC, 20 -8.8 Parking
Attachment D — Comparison between Attachment A and B
ATTACHMENT A
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this
day of , 2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation ( "City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a
Florida Limited Partnership ( "Developer ") for the purposes of implementing the resolution of a
land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and
Environmental Dispute Resolution Act ( "FLUEDRA "), and establishing the development rights
and obligations of the Developer for certain real property located within the City in accordance
with the applicable provisions of §§ 163.3220 - 163.3243, Florida Statutes (2012) ( "the
Development Agreement Act ").
RECITALS
WHEREAS, Developer is the equitable owner of land located within the City at 6101
Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein
(hereafter "Property'), having contracted to purchase same from its present legal owner, 6101
Sunset LLC, for the purpose of developing a senior housing project; and
WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA
mediation held June 8, 2012, upon the Developer's timely petition for relief concerning the City's
March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split
zoning condition on the Property; and
WHEREAS, the § 70.51(17)(a) mediation conducted June 8, 2012 resulted in the
mutually acceptable solution of presenting for the City Commission's consideration modifications
to Developer's proposed use of the Property intended to address the articulated concerns of the
both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed
the FLUEDRA proceedings with a recommendation to consider implementation of mutually
acceptable modifications by development agreement pursuant to FLUEDRA § 70,51(19)(c) and
§ 163.3225 of the Development Agreement Act; and
WHEREAS, the Site Plan documents attached hereto and incorporated herein as
composite Exhibit "B" depict the project modifications developed through the referenced
mediation process and were submitted to the City on June 29, 2012; and
WHEREAS, on July 31, 2012, the City Commission considered entry of this Agreement at
a public hearing, after publishing notice of same on or before July 21, 2012 and after a Notice of
Intent to Consider this Agreement was mailed on July 6, 2012 to the to all property owners, as
reflected on the current year's tax roll, lying within 500 feet of the Property (via certified mail to
continuous owners); and
WHEREAS, on August 7, 2012, the City Commission considered entry of this Agreement
at a second public hearing, after publishing notice of same on or before July 27, 2012 and after
announcing at the first public hearing the day, time, and place of said second public hearing; and
WHEREAS, the City Commission finds that the Property possesses desirable and
requisite characteristics to accommodate the 91 unit senior apartment project depicted in the
Site Plan documents attached as Exhibit B, and that the project is consistent with the land use
designation for the Property under the City's Comprehensive Plan and in keeping with the
policies of the Transit Oriented Development District ( "TODD ") in which the Property is located;
and
WHEREAS, the Commission further finds that the project depicted in the Site Plan
attached as Exhibit B complies with the requirements of the MU -4 and MU -5 zoning.
requirements applicable to the Property except for the adjustments to height and parking
requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission
finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking
requirements in order to relieve hardship to Developer of meeting parking ratios that
substantially exceed industry standards for senior housing and to facilitate the City's request that
the Developer provide more street level commercial space and associated parking than
originally designed; and an increase from the two story height limitation of MU -4 on the north
side of the proposed building to permit a 4 story to 2 story step -down height transition, in order to
facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed zoning
boundary change for the northern portion of the Property (subject of `the instant FLUEDRA
petition), and to meet the City's request for a more aesthetic height transition from the MU -5
portions of the Property to adjacent MU -4 district than originally proposed; and
WHEREAS, in
accordance with
Section 70.51(22),
of the City and Developer
Florida
Statutes, this Agreement
constitutes the written
decision of the City
regarding the
uses
available
to the Property; and
WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as
applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the
dispute raised in its FLUEDRA petition; and
NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable
consideration, including the terms and conditions of the Agreement, the receipt and sufficiency
of which is acknowledged by each party, hereby agree as follows:
1. Recitals. The above recitals are true and correct, and incorporated herein and
made part of this Agreement.
2. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this
Agreement.
3. Intent. It
is
the intent
of the City and Developer
that this Agreement shall
be
adopted
in
conformity
with the FLUEDRA and the
Development Agreement
Act
and should be construed and implemented so as to effectuate the purpose and
intent of those Acts.
4. Comprehensive Plan Consistency. The City Commission has determined that the
mixed uses permitted by this Agreement would be consistent with the Future Land
Use designation of the Property and would promote the policies of the City's
Comprehensive Plan and the City's Transit Oriented Development District
( "TODD $)).
5. Current Zoning. The Property is comprised of three contiguous platted lots and lies
within the City's TODD boundary. The southernmost lot fronting on Sunset Drive
and the center lot are presently zoned MU -5, and the northernmost lot is zoned
MU-41
6. Zoning Consistency. The City and Developer agree that the zoning consistency of
the Site Plan attached hereto as Exhibit B is to be determined according to the City
zoning regulations in effect on March 20, 2012, the date of government action
subject of Developer's FLUEDRA petition. The City Commission has determined
that the mixed uses permitted by this Agreement are consistent with the MU -5 and
MU -4 zonings so applicable, except that certain mutually beneficial adjustments to
residential parking and height requirements are appropriate and permissibly
approved upon entry of this Agreement under FLUEDRA § 70.51(19) -(21).
Specifically, the City Commission has determined that the following adjustments
are appropriate under the facts and circumstances:
(a) Residential Parking Adjustment. The Commission hereby approves
the parking depicted in Exhibit B to include a total of 106 spaces, 79 of
which are for the 91 dwelling units proposed (reflecting a residential parking
ratio of .87 instead of 2.0) and 27 of which will meet commercial parking
requirement for 2,645 square feet of commercial square footage located on
the ground floor.
(b) Northern Lot (MU -4) Height Adjustment. The Commission hereby
approves the northern lot height increase depicted on Exhibit B to permit
approximately 4 stories in height (52'), stepping down to 2 stories at the
northern wall.
7. Site Plan Approval. Entry of this agreement shall constitute final site plan approval
of the Site Plan attached as Exhibit B, and the Developer may proceed to obtain
building permits for construction in substantial compliance therewith in accordance
with City zoning and building regulations in effect as of March 20, 2012,
8. Concurrency. The Developer shall meet City concurrency infrastructure
requirements applicable as of March 20, 20127 if any, necessary for construction of
the project depicted in Exhibit B including, but not limited to traffic, water, sewer,
roads and drainage. Upon issuance of a certificate of occupancy, the Developer
shall pay the sum of $30,000.00 to the City in full satisfaction of Developer's
contribution obligations for parks ! open space, if any, for the affordable housing
project depicted in Exhibit B.
a. Drainage. The Developer shall provide drainage as required by law in
accordance with the Rules of the Department of Environmental Regulation and the
South Florida Water Management District and the regulations of the City's Code.
b. Water and Sanitary Sewer. As required by law, the Developer shall
comply with the requirements of the City's Water utility provisions of water and
sewer services.
c. Water and Sanitary Sewer Distribution Lines. Developer is responsible
for construction of water and sanitary sewer distribution lines, collection lines,
pump stations, lift stations and fire hydrants within the boundaries of the Property.
Such construction shall be undertaken in accordance with the City's standards and
specifications and shall be inspection and approved by the City.
d. Solid Waste Collection. The Developer shall provide waste collection
service to the Property through a solid waste collection franchise previously
approved by the City
e. Law Enforcement. The City provides police service to the Property.
f. Fire Rescue and Emergency Medical Services. Miami -Dade County
provides fire rescue and emergency medical services to the Property.
g. Traffic. The City is responsible for Levels of Service and concurrency
determinations for local City roadways. The Developer shall meet traffic
requirements of the City's code as applicable on the effective date of this
Agreement.
h. Landscaping. Landscaping on the property shall be in substantial
compliance with the landscape plan attached hereto as Exhibit C (Landscape
Plan). Owner covenants and agrees that it shall, perpetually and at all times, care
for and maintain all plants, trees and shrubs in a professional and diligent manner
to insure substantial compliance with the Landscape Plan. Owner shall regularly
monitor the health and appearance of the landscaping and, where necessary,
shall replace dead or permanently damaged plants, trees or shrubs with like or
similar plant material to insure substantial compliance with the Landscape Plan.
Failure of Owner to comply with this section shall constitute a civil offence
enforceable under the Code Enforcement provisions of the City Code.
9. Construction Permitting.
Subject to the
other provisions of
this Agreement,
the
failure of this Agreement
to address a
particular permit,
condition, term
or
restriction shall not relieve the Developer of the necessity of
governing said permitting requirements, conditions, terms
parties agree that the. Developer will be required to comply
code and permitting requirements in effect as March 20,
provided by this Agreement. The Developer shall pay fees
the City and Miami -Dade County, if any.
complying with the law
or restrictions. The
r with the City building
2012, or as otherwise
and costs imposed by
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Developer shall
not apply for
any exemption that
affects the taxable value
of the
property.
11. Due Diligence and Time of Essence. The City and Developer acknowledge that
time is of the essence in implementing this Agreement and processing related
building permits, given the tax credit financed nature of the Developer's proposed
project. Upon execution of this Agreement, the City and Developer shall
immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and likewise agree to use their best efforts to expeditiously process
construction permitting. The City further agrees that all necessary plan review
inspections will be conducted by the City Building Department on a timely and
efficient basis, except that the City agrees to allow the use of qualified independent
third party building inspectors (at Developer's expense) to conduct plan reviews
and inspections as necessary to comply with the terms of this Agreement and to
facilitate the valid issuance of building permits (or a building permit ready letter) for
the project depicted in Exhibit B, on or before September 15, 2012,
12. Effective Date.
This Agreement shall become
effective upon delivery of
a copy of
this Agreement,
signed by the City Manager, to
the Developer ( "Effective
Date ").
13. Duration. The term of this Agreement shall be for a period of 20 years.from its
Effective Date, unless this Agreement is terminated as provided for herein or
extended as may be provided for in Section 163.3229, Florida Statutes. Any
amendments to the Agreement within the term shall comply with the statutory
requirements of Section 163.3220 -3243, Florida Statutes,
14, Recording. The City shall record a copy of this Agreement in the public records of
Miami -Dade County as soon as practicable after its execution by the City Manager
and the Developer (and in any event, within 14 days of adoption by the
Commission) and shall also submit a copy to the Florida Department of Economic
Opportunity within 14 days of recordation. If this Agreement is amended,
extended, terminated, revoked, or nullified, the Clerk shall have notice of such
action recorded in the public records and such recorded notice shall be submitted
to the Florida Department of Economic Opportunity.
15. Termination. The Developer may terminate this Agreement upon written notice if
building permits (or a building permit ready letter) are not issued by September 15,
2012 or if for any reason beyond Developer's control it is unable to close on the
purchase of the Property from its present legal owner. This Agreement may
otherwise be terminated by mutual written consent of the parties pursuant to the
same the notice requirements for the initial adoption of a development agreement.
16. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the City and the Developer, as well as their respective successors in
interest and assigns. In the event of an Assignment of this Agreement, the
Developer shall provide notice to the City as provided herein.
17. Governing Law. This Agreement shall be governed by the laws of the State of
Florida, and judicial venue for any actions between the parties arising from this
Agreement shall be in Miami -Dade County, Florida.
18. Enforcement. In the event th
enforcement of the provisions
entitled to recover from the
reasonable attorney's fees.
Board or the Developer is required to seek
of this Agreement, the prevailing party shall be
other party all costs of such action, including
19. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
20. Construction. This Agreement shall be construed as the joint and equal work
product of the parties and shall not be construed more or less favorably on account
of its preparation.
21. Entire Agreement. This Agreement constitutes th,
parties relating to the subject matter hereof and
concerning the Site Plan attached as Exhibit
pertaining to the development of the Property as
pursuant to law and subject to full consideration
noticed public hearings.
s entire Agreement between the
is the only agreement reached
B. All preceding discussions
depicted in Exhibit B were had
by the City Commission at duly
22. Notices. The parties designate the following persons as representatives to be
contacted and to receive notices, if any, regarding this Agreement.
For the City: City Manager
6130 Sunset Drive
South Miami, FL 33143
with a copy to: City Attorney
6130 Sunset Drive
South Miami, FL 33143
For the Developer:
with a copy to:
Metro South Senior Apartments Limited
Partnership
Mr. Donald Paxton
2206 Jo An Drive
Sarasota, FL 33231
[REMAINDER OF PAGE LEFT BLANK, SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by
their duly authorized officials as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Metro South Senior Apartments Limited
Partnership, a Florida limited partnership
By:
Name:
Title:
The foregoing instrument was acknowledged before me this. day of , 2012,
by , as of Metro South Senior Apartments Limited, a Florida
limited partnership, who is personally known to me, or who has produced
as identification and who did/ not take an oath.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
* ** NO FURTHER TEXT ON THIS PAGE * **
Attested:
_ Maria Menendez
City Clerk
Witness
Witness
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF SOUTH MIAMI
By
Hector Mirabile, PhD.
City Manager
Approved as to form, lanauaae.
legality and execution thereof:
By
Thomas F. Pepe
City Attorney
.The foregoing instrument was acknowledged before me this. day of , 2012, by
Hector Mirabile PhD., as City Manager of the City of South Miami, on behalf of City Commission,
who is personally known to me.
Notary Public, State of Florida
My Commission Expires:
ATTACHMENT B
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this
day of , 2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation ( "City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a
Florida Limited Partnership ( "Developer ") for the purposes of implementing the resolution of a
land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and
Environmental Dispute Resolution Act ( "FLUEDRA "), and establishing the development rights
and obligations of the Developer for certain real property located within the City in accordance
with the applicable provisions of §§ 163.3220 - 163.3243, Florida Statutes (2012) ( "the
Development Agreement Act ").
IN:101ki_ IM
WHEREAS, Developer is the equitable owner of land located within the City at 6101
Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein
(hereafter "Property'), having contracted to purchase same from its present legal owner,6101
Sunset LLC, for the purpose of developing a senior housing project; and
WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA
mediation held June 8, 2012, upon the Developer's timely petition for relief concerning the City's
March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split
zoning condition on the Property; and
WHEREAS, the § 70.51(17)(a) mediation conducted June 8-, 2012 resulted in the
mutually acceptable solution of presenting for the City Commission's consideration modifications
to Developer's proposed use of the Property intended to address the articulated concerns of the
both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed
the FLUEDRA proceedings with a recommendation to consider implementation of mutually
acceptable modifications by development agreement pursuant to FLUEDRA § 70,51(19)(c) and
§ 163.3225 of the Development Agreement Act; and
WHEREAS, the Site Plan documents attached hereto and incorporated herein as
composite Exhibit "B" depict the project modifications developed through the referenced
mediation process and were submitted to the City on June 29, 2012; and
WHEREAS, on August 7, 2012, the City Commission considered entry of this Agreement
at a public hearing, after publishing notice of same on or before August 1, 2012 and §y mailing a
Notice of Intent to Consider this Agreement to the to all property D°velopersowners, as reflected
on the current year's tax roll, lying within 500 feet of the Property via certified mail to contiguous
owners ; and
WHEREAS,
on August 21,
2012, the
City Commission considered
entry of
this Agreement
at a second public
hearing, after
publishing
notice of same on or before
August
% 2012 and
after announcing at the first public hearing the day, time, and place of said second public
hearing; and
WHEREAS, the City Commission finds that the Property possesses desirable and
requisite characteristics to accommodate the 91 unit senior apartment project depicted in the
Site Plan documents attached as Exhibit B, and that the project is consistent with the land use
I
esignation for the Property under the City's Comprehensive Plan and in keeping with the
policies of the Transit Oriented Development District ( "TODD ") in which the Property is located;
and
WHEREAS, the Commission further finds that the project depicted in the Site Plan
attached as Exhibit B complies with the requirements of the MU -4 and MU -5 zoning
requirements applicable to the Property except for the adjustments to height and parking
requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission
finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking
requirements in order to relieve hardship to Developer of meeting parking ratios that
substantially exceed industry standards for senior housing and to facilitate the City's request that
the Developer provide more street level commercial space and associated parking than
originally designed; and an increase from the two story height limitation of MU -4 on the north
side of the proposed building to permit a 4 story to 2 story step -down height transition, in order to
facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed
rezoning of the northern portion of the Property- (subject of the instant FLUEDRA petition), and
to meet the City's request for a more aesthetic height transition from the MU -5 portions of the
Property to adjacent MU -4 district than originally proposed; and
WHEREAS, in accordance with Section 70.51(22), Florida Statutes, this Agreement
constitutes the written decision of the City regarding the uses available to the Property; and
WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as
applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the
dispute raised in its FLUEDRA petition; and
NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable
consideration, including the terms and conditions of the Agreement, the receipt and sufficiency
of which is acknowledged by each party, hereby agree as follows:
23. Recitals. The above recitals are true and correct, and incorporated herein and made
part of this Agreement.
24. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this
Agreement.
25. Intent. It is the intent of the City and Developer that this Agreement shall be adopted
in conformity with the FLUEDRA and the Development Agreement Act and should
be construed and implemented so as to effectuate the purpose and intent of those
Acts.
26. Comprehensive Plan Consistency. The City Commission has determined that the
mixed uses permitted by this Agreement would be consistent with the Future Land
Use designation of the Property and would promote the policies of the City's
Comprehensive Plan and the City's Transit Oriented Development District
( "TODD").
27.Current Zoning. The Property is comprised of three contiguous platted lots and lies
within the City's TODD boundary. The southernmost lot fronting on Sunset Drive
and the center lot are presently zoned MU -5, and the northernmost lot is zoned
MU-4.
28.Zoning Consistency. The City and Developer agree that the zoning consistency of
the Site Plan attached hereto as Exhibit B is to be determined according to the City
zoning regulations in effect on March 20, 2012, the date of government action
subject of Developer's FLUEDRA petition. The City Commission has determined
that the mixed uses permitted by this Agreement are consistent with the MU -5 and
MU -4 zonings so applicable, except that certain mutually beneficial adjustments to
residential parking and height requirements are appropriate and permissibly
approved upon entry of this Agreement under FLUEDRA § 70.51(19) -(21).
Specifically, the City Commission has determined that the following adjustments
are appropriate under the facts and circumstances:
(a) Residential Parking Adjustment. The Commission hereby approves
the parking depicted in Exhibit B to include a total of 144- spaces, 117 of
which are for the 91 dwelling units proposed (reflecting a residential parking
ratio of 1.5 instead of 2.0) and 27 of which will knee #,comrrterplalvpirl�arg'
reqWierren #for 2,645 of commercial square footage located on the
ground floor.
(b) Northern Lot (MU -4) Height Adjustment. The Commission hereby
approves the northern lot height increase depicted on Exhibit B to permit 4
stories (50), stepping down to 2 stories at the northern wall.
29. Site Plan Approval. The site plan shall comply with the approval process in
accordance with City zoning and building regulations in effect as of March 20, 2012
as modified by this agreement.
W7Concurrency. The Developer shall meet City concurrency infrastructure
requirements applicable as of March 20, 2012, if any, necessary for construction of
the project depicted in Exhibit B including, but not limited to traffic, water, sewer,
roads and drainage. The Developer shall provide the city with one (1) acre of land,
suitable for a park and satisfactory to the City or an amount of money equal to the
average assessed value in the City of South Miami of one (1) acre of land
a. Drainage. The Developer shall provide drainage as required by law --and in
accordance with the Rules of the Department of Environmental Regulation and the
South Florida Water Management District and the regulations of the City's Code.
b. Water and Sanitary Sewer. Water and sanitary sewer service as_ required
by law and Developer shall comply with the requirements of lihe Water, utiljty
[TZaprovisions of water and sewer services.
c. Water and Sanitary Sewer Distribution Lines. Developer is responsible
for construction of water and sanitary sewer distribution lines, collection lines,
pump stations, lift stations and fire hydrants within the boundaries of the Property.
Such construction shall be undertaken in accordance with the ;County standards
and specifications and shall be inspection and approved by the City.
d. Solid Waste Collection. The Developer shall provide waste collection
service to the Property through a solid waste collection franchise previously
approved by the City..
e. Law Enforcement. The City provides police service to the Property.
f. Fire Rescue and Emergency Medical Services. Miami -Dade County
provides fire rescue and emergency medical services to the Property.
g. Traffic. The City is responsible for Levels of Service and concurrency
determinations for local City roadways. The Developer shall meet traffic
requirements of the City's code as applicable on the effective date of this
Agreement.
h. Construction Permitting. Subject to the other provisions of this
Agreement, the failure of this Agreement to address a particular permit, condition,
term or restriction shall not relieve the Developer of the necessity of complying with
the law governing said permitting requirements, conditions, terms or restrictions.
The parties agree that the Developer will be required to comply with the ;app1"66
buldmg,`codMand permitting requirements in effect as March 20, 2012, or as
otherwise provided by this Aareement. The Developer shall pay fees and costs
imposed by the City and Miami -Dade County, if any.
31. Land Development Code. The provisions of the City's current Land Development
Code, including section 20 -8.9, shall apply to this agreement, with the exception of
review by the City's Planning Board, and unless otherwise provided in this
Agreement. The City Commission shall be responsible for all reviews that section
20 -8.9 requires. The Developer shall also comply with all other site plan review
and revisions including the City's Environmental Review and Preservation Board
( "ERPB ").
32. Taxation: The Developer shall not apply for any exemption that affects the taxable
value of the property. In any event, the Developer agrees to pay the City any
difference in the City's share of the ad valorem taxes that may result from an
appraisal of the property on any basis other than one that is based on the highest
and best use of the property. In the event that the property becomes exempt from
taxation, the owner agrees to pay the same amount as would have been the City's
share of the ad valorem taxes, based on the highest and best uses of the property,
as the City would have received had the property not become tax exempt.
33. Due Diligence and Time of Essence. The City and Developer acknowledge
that time is of the essence in implementing this Agreement and processing related
building permits, given the tax credit financed nature of the Developer's proposed
project. Upon execution of this Agreement, the City and Developer shall
immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and likewise agree to use their best efforts to expeditiously process
construction permitting. The City further agrees that all necessary plan review and
inspections will be conducted by the City Building Department on a timely and
efficient basis to facilitate the valid issuance of building permits for the project
depicted in Exhibit B.
34. Effective Date. This Agreement shall become effective upon delivery of a copy of
this Aareement, signed by the City Manager, to the Developer ( "Effective Date ").
35, Duration. The term of this Agreement shall be for a period of 20 years from its
Effective Date, unless this Agreement is terminated as provided for herein or
extended as may be provided for in Section 163.3229, Florida Statutes. Any
amendments to the Agreement within the term shall comply with the statutory
requirements of Section 163.3220 -3243, Florida Statutes,
36_ Recording. The City shall record a copy of this Agreement in the public records of
Miami -Dade County as soon as practicable after its execution by the City Manager
and the Developer (and in any event, within 14 days of adoption by the
Commission) and shall also submit a copy to the Florida Department of Economic
Opportunity within 14 days of recordation. If this Agreement is amended,
extended, terminated, revoked, or nullified, the Clerk shall have notice of such
action recorded in the public records and such recorded notice shall be submitted
to the Florida Department of Economic Opportunity.
37. Termination. The Developer may terminate this Agreement upon written notice if
building permits (or a building permit ready letter) are not issued by September 15,
2012 or if for any reason beyond Developer's control it is unable to close on the
purchase of the Property from its present legal owner. This Agreement may
otherwise be terminated by mutual written consent of the parties pursuant to the
notice requirements contained in this Agreement.
38. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the City and the Developer, as well as their respective successors in
interest and assigns and all future owners of the property for the term of this
agreement. In the event of an Assignment of this Agreement, the Developer shall
provide notice to the City as provided herein.
3y. tjoverning 'Law. T his Agreement shall be governed by the laws of the State of
Florida, and judicial venue for any actions between the parties arising from this
Agreement shall be in Miami -Dade County, Florida.
40. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original.
41. Construction. This Agreement shall be construed as the joint and equal work
product of the parties and shall not be construed more or less favorably on account
of its preparation.
42. Entire Agreement. This Agreement constitutes #
parties relating to the subject matter hereof and
concerning the Site Plan attached as Exhibit
pertaining to the development of the Property as
pursuant to law and subject to full consideration
noticed public hearings,
ie entire Agreement between the
is the only agreement reached
B. All preceding discussions
depicted in Exhibit B were had
by the City Commission at duly
43. Notices. The parties designate the following persons as representatives to be
contacted and to receive notices, if any, regarding this Agreement.
For the City: City Manager
6130 Sunset Drive
_ South Miami FL 33143
with a copy to: City Attorney
6130 Sunset Drive
South Miami, FL 33143
For the Developer: Metro South Senior Apartments Limited
Partnership
Mr, Donald Paxton
2206 Jo An Drive
Sarasota, FL 33231
with a copy to: io++�y}_
[address} —
IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by
their duly authorized officials as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Metro South Senior Apartments Limited
Partnership, a Florida limited partnership
By:
Name:
Title:
The foregoing instrument was acknowledged before me this. day of , 20123
by , as of Metro South Senior Apartments Limited, a Florida
limited partnership, who is personally known to me, or who has produced
as identification and who did/ not take an oath.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
* ** NO FURTHER TEXT ON THIS PAGE * **
Attested:
Maria Menendez
Citv Clerk
Witness
Witness
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF SOUTH MIAMI
By
Hector Mirabile PhD.
City Manaaer
Approved as to form, lanauaae.
le(atity and execution thereof:
By
Thomas F. Pepe
City Attorney
The foregoing instrument was acknowledged before me this - day of , 2012, by
Hector Mjrabile, PhD., as City Manager of the City of South Miami, on behalf of City Commission,
who is personally known to me.
Notary Public, State of Florida
My Commission Expires:
ATTACHMENT C
20 -8.8 - Parking.
(A) T.O.D.D. Parking Regulations. Parking in the T.O.D.D. must be developed and managed
primarily as an element of infrastructure critical to enhancing South Miami's tax base through
economic success of the district. The Hometown District Parking Committee shall be charged
with oversight of the supply, convenience, safety, and management of parking shall also be
responsible for this district as well.
(B) Required Parking. Within the T.O.D.D. District, the following adjustments to the number of
parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. Parking requirements, adjustments or bonus as indicated in the bonus allocation
section (section 20- 8.10).
2. All parking to be located at the rear of building. If not feasible, then the side of the
building, but as noted in this section.
3. Parking spaces on the streets in front of property may, be counted toward parking
requirement.
4. 70% of required parking must be on -site, except as otherwise permitted by section 20-
4.4.
5. Off -site parking permitted with contractual obligations or in accordance with section 20-
4.4, except that the required covenant may be a long-term lease. That lease shall not be
required to be longer than thirty (30) years.
6. Parking fees shall be permitted under the ordinance.
7. Off -site parking is permitted in accordance with section 20 -4.4. In addition, the distance
requirement shall be amended to allow for any location within the boundaries of this district.
8. No open air storage of vehicles is permitted.
(C) Required Parking Uses.
1. Residential: A minimum of two (2) cars per unit is required for residential uses.
2. Commercial /Retail: One .(1) space per 150 sq. ft. to 400 sq, ft, of gross floor area (see
schedule section 20- 7.12A).
3. Office: One (1) space per 200 sq. ft. to 400 sq. ft, of gross floor area (see schedule
section 20- 7.126).
4. Light Industrial:
(a) One space per 100 sq. ft. to 1,000 sq. ft. (See schedule section 20 -33 and 20-
4.4).
(b) No parking of vehicles in driveway at any time.
(c) In any area with light industrial uses, any vehicle under repair must be stored
inside buildings at all times.
(d) For light industrial uses, any garage
garage doors closed when not in use,
(D) Garages in MU -5.
areas must be totally enclosed and have
1. At the rear of the property you may eliminate the setback requirement for garages only,
if garage:
backs to existing garage
backs to permanent open space
2. May face Side Street but must have some fenestration as the rest of the building.
3. Underground parking defined as having more than sixty (60) percent of its structure
below grade.
4. Garage structures must be designed or landscaped so as to either appear to be a floor
of the building or obstructed from street view.
5. All garages must be at the rear of the building as required by subsection 20- 8.8(B)(2).
6. The regulations for arcades or awnings shall apply to all garages. The ground floor on
the sides facing any street shall contain any. uses indicated on the permitted ground floor
uses in section 20 -8.5. Any exterior facing streets shall be designed to look similar to the
facade of a commercial office building, unless amended by the city commission via special
use permit procedures.
7. Freestanding garages, not to exceed six (6) levels in height, may be permitted on any
site within the district (MU -5).
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97; Ord. No. 14 -07 -1915, § 1, 6 -5 -07)
ATTACHMENT D
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this
day of , 2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation ( "City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a
Florida Limited Partnership ( "Developer ") for the purposes of implementing the resolution of a
land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and
Environmental Dispute Resolution Act ( "FLUEDRA "), and establishing the development rights
and obligations of the Developer for certain real property located within the City in accordance
with the applicable provisions of §§ 163.3220 - 163.3243, Florida Statutes (2012) ( "the
Development Agreement Act ").
RECITALS
WHEREAS, Developer is the equitable owner of land located within the City at 6101
Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein
(hereafter "Property'), having contracted to purchase same from its present legal owner,_6101
Sunset LLC, for the purpose of developing a senior housing project; and
WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA
mediation held June 8, 2012, upon the Developer's timely petition for relief concerning the City's
March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split
zoning condition on the Property; and
WHEREAS, the § 70.51(17)(a) mediation conducted June 8, 2012 resulted in the
mutually acceptable solution of presenting for the City Commission's consideration modifications
to Developer's proposed use of the Property intended to address the articulated concerns of the
both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed
the FLUEDRA proceedings with a recommendation to consider implementation of mutually
acceptable modifications by development agreement pursuant to FLUEDRA § 70,51(19)(c) and
§ 163.3225 of the Development Agreement Act; and
WHEREAS, the Site Plan documents attached hereto and incorporated herein as
composite Exhibit "B" depict the project modifications developed through the referenced
mediation process and were submitted to the City on June 29, 2012; and
WHEREAS, on August- July 31, 2012, the City Commission considered entry of this
Agreement at a public hearing, after publishing notice of same on or before 14ul 21, 2012
and aiiingafter a Notice of Intent to Consider this Agreement was mailed on July 6, 2012 to
the to all property Bevelep°r°��wnersowners, as reflected on the current year's tax roll, lying
within 500 feet of the Property (via certified mail to contiguous owners); and
WHEREAS, on August 247, 2012, the City Commission considered entry of this
Agreement at a second public hearing, after publishing notice of same on or before Auu
LBJuly 27, 2012 and after announcing at the first public hearing the day, time, and place of said
second public hearing; and
WHEREAS, the City Commission finds that the Property possesses desirable and
requisite characteristics to accommodate the 91 unit senior apartment project depicted in the
Site Plan documents attached as Exhibit B, and that the project is consistent with the land use
designation for the Property under the City's Comprehensive Plan and in keeping with the
policies of the Transit Oriented Development District ("TODD") ODD ") in which the Property is located;
and
WHEREAS, the Commission further finds that the project depicted in the Site Plan
attached as Exhibit B complies with the requirements of the MU -4 and MU -5 zoning
requirements applicable to the Property except for the adjustments to height and parking
requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission
finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking
requirements in order to relieve hardship to Developer of meeting parking ratios that
substantially exceed industry standards for senior housing and to facilitate the City's request that
the Developer provide more street level commercial space and associated parking than
originally designed; and an increase from the two story height limitation of MU -4 on the north
side of the proposed building to permit a 4 story to 2 story step -down height transition, in order to
facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed
rem +n. )f-- zoning boundary change for the northern portion of the Property — (subject of the
instant FLUEDRA petition), and to meet the City's request for a more aesthetic height transition
from the MU -5 portions of the Property to adjacent MU -4 district than originally proposed; and
WHEREAS, in accordance with Section 70.51(22), Florida Statutes, this Agreement
constitutes the written decision of the City regarding the uses available to the Property; and
WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as
applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the
dispute raised in its FLUEDRA petition; and
NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable
consideration, including the terms and conditions of the Agreement, the receipt and sufficiency
of which is acknowledged by each party, hereby agree as follows:
1. Recitals. The above recitals are true and correct, and incorporated herein and
made part of this Agreement.
2. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this
Agreement.
3. Intent. It is the intent of the City and Developer that this Agreement shall be
adopted in conformity with the FLUEDRA and the Development Agreement Act
and should be construed and implemented so as to effectuate the purpose and
intent of those Acts.
4. Comprehensive Plan Consistency. The City Commission has determined that
the mixed uses permitted by this Agreement would be consistent with the Future
Land Use designation of the Property and would promote the policies of the City's
Comprehensive Plan and the City's Transit Oriented Development District
( "TODD )').
5. Current Zoning. The Property is comprised of three contiguous platted lots and
lies within the City's TODD boundary. The southernmost lot fronting on Sunset
Drive and the center lot are presently zoned MU -5, and the northernmost lot is
zoned MU -4.
6, Zoning Consistency. The City and Developer agree that the zoning consistency
of the Site Plan attached hereto as Exhibit B is to be determined according to the
City zoning regulations in effect on March 20, 2012, the date of government action
subject of Developer's FLUEDRA petition. The City Commission has determined
that the mixed uses permitted by this Agreement are consistent with the MU -5 and
MU -4 zonings so applicable, except that certain mutually beneficial adjustments to
residential parking and height requirements are appropriate and permissibly
approved upon entry of this Agreement under FLUEDRA § 70.51(19) -(21).
Specifically, the City Commission has determined that the following adjustments
are appropriate under the facts and circumstances:
(a) Residential Parking Adjustment. The
the parking depicted in Exhibit B to include a
of which are for the 91 dwelling units pro
parking ratio of 4-5.87 instead of 2.0) and 27
parking requrerr�ent`�rsfor 2,645 square feet
located on the ground floor.
Commission hereby approves
total of 444106 spaces, 44-779
posed (reflecting a residential
of which will meet com "rneM
of commercial square footage
(b) Northern Lot (MU4) Height Adjustment. The Commission hereby
approves the northern lot height increase depicted on Exhibit B to permit
approximatel r.4 stories (Win hei ht 52'), stepping down to 2 stories at the
northern wall.
7. Site Plan Approval. TheEntry of this agreement shall constitute final site plan
shall - c-emply-with the-approval precessof the Site Plan attached as Exhibit B and
the Developer may proceed to obtain building permits for construction in
substantial compliance therewith in accordance with City zoning and building
regulations in effect as of March 20, 2012 as medifie d by this agreement..
8. Concurrency. The Developer shall meet City concurrency infrastructure
requirements applicable as of March 20, 2012, if any, necessary for construction of
the project depicted in Exhibit B including, but not limited to traffic, water, sewer,
roads and drainage. y ,
suitable feF a paFk and satisfaGtoFy to the City or an arnount Of MORey equal to
Upon
issuance of a certificate of occupancy, the Developer shall pay the sum of
$30,000.00 to the City in full satisfaction of Developer's contribution obligations for
parks / open space, if any, for the affordable housing project depicted in Exhibit B.
a. Drainage. The Developer shall provide drainage as required by law -and in
- J ___ __ ___lt_ L__ n_.1__ _f 91_ _ Y _ - _ 1 .. t•r • , ff� 1 .• ..,
accordance with the Rules of the Department of Environmental Regulation ana the
South Florida Water Management District and the regulations of the City's Code.
b. Water and Sanitary Sewer. Water and sanitary sewer I vlIs _ asAs
required by law -ate, the Developer shall comply with the requirements of the City's
iV1%ater , unlit . .1provisions of water and sewer services.
co Water and Sanitary Sewer Distribution Lines. Developer is responsible
for construction of water and sanitary sewer distribution lines, collection lines,
pump stations, lift stations and fire hydrants within the boundaries of the Property.
Such construction shall be undertaken in accordance with the iGetryCi `s
stndardsr? and specifications and shall be inspection and approved by the City.
d. Solid Waste Collection. The Developer shall provide waste collection
service to the Property through a solid waste collection franchise previously
approved by the City.
e. Law Enforcement. The City provides police service to the Property.
f. Fire Rescue and Emergency Medical Services. Miami -Dade County
provides fire rescue and emergency medical services to the Property.
g. Traffic. The City is responsible for Levels of Service and concurrency
determinations for local City roadways. The Developer shall meet traffic
requirements of the City's code as applicable on the effective date of this
Agreement.
h. Landscaping. Landscaping on the propertv shall be in substantial
compliance with the landscape plan attached hereto as Exhibit C (Landscape
Plan). Owner covenants and agrees that it shall perpetually and at all times care
for and maintain all plants, trees and shrubs in a professional and diligent manner
to insure substantial_ compliance with the Landscape Plan. Owner shall regularly
monitor the health and appearance of the landscaping and where necessary,
shall replace dead or permanently damaged plants trees or shrubs with like or
similar plant material to insure substantial compliance with the Landscape Plan.
Failure of Owner to comply with this section shall constitute a civil offence
enforceable under the Code Enforcement provisions of the City Code.
a-9. Construction Permitting. Subject to the other provisions of this Agreement, the
failure of this Agreement to address a particular permit, condition, term or
restriction shall not relieve the Developer of the necessity of complying with the law
governing said permitting requirements, conditions, terms or restrictions. The
parties agree that the Developer will be required to comply with the 41%
buidmg co�l_r
and permitting requirements in effect as March 20, 2012, or as
otherwise provided by this Agreement. The Developer shall pay fees and costs
imposed by the City and Miami -Dade County, if any.
44. 1 and Development Code. The provisions of Taxation, In the City's GUrrent-Laae
Development G • inGluding seGtion • • shall to this • •• . nf
• . . . • . review by the Planning Board, and unless othex�vlse
provided in thee, Agreement. • . shall be • .
I'S11 W11
rev4ewsevent that seGtion 20 8.9 requires. Thp the Developer shall also Gomp"th
all other site plan • • . • 0 • 0 • • • •• . • r ! .
• • - changes to r non-profi ownership entity, Developer sr not apply
for any • • taxable r of the property. • any event, • .
DevelopeF agrees to pay the City any differenGe in th ity:6-�hare of the
valorem taxes that may= result ... an appraisal of the property • • C • - .
• • one . .. In the eNrefA
. . on the • • • . • . . • � • ... r
IV
the property-beeomes exempt ffem taxation, the owner- agrees to pay the same amount
would have :'- - 0 - - based on - '0 :' s of the •
property, • would • • • A . • L • .. G
I • : • : • • • I
11.
42--.Due Diligence and Time of Essence. The City and Developer acknowledge
that time is of the essence in implementing this Agreement and processing related
building permits, given the tax credit financed nature of the Developer's proposed
project. Upon execution of this Agreement, the City and Developer shall
immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and likewise agree to use their best efforts to expeditiously process
construction permitting. The City further agrees that all necessary plan review and
inspections will be conducted by the City Building Department on a timely and
efficient basis —, except that the City agrees to allow the use of qualified
independent third party building inspectors (at Developer's expense) to conduct
plan reviews and inspections as necessary to comply with the terms of this
Agreement and to facilitate the valid issuance of building permits (or a building
permit ready letter) for the project depicted in Exhibit B, on or before September
15, 2012.
12. Effective Date. This Agreement shall become effective upon delivery of a copy of
this Agreement, signed by the City Manager, to the Developer ( "Effective Date ").
13. Duration. The term of this Agreement shall be for a period of 20 years from its
Effective Date, unless this Agreement is terminated as provided for herein or
extended as may be provided for in Section 163.3229, Florida Statutes. Any
amendments to the Agreement within the term shall comply with the statutory
requirements of Section 163.3220 -3243, Florida Statutes.
w
14. Recording. T he City shall record a copy of this Agreement in the public records
of Miami -Dade County as "soon as practicable after its execution by the City
ManagerManager and the DeveleperDeveloper (and in any event, within 14 days
of adoption by the Commission) and shall also submit a copy to the Florida
Department of Economic Opportunity within 14 days of recordation. If this
Agreement is amended, extended, terminated, revoked, or nullified, the Clerk shall
have notice of such action recorded in the public records and such recorded notice
shall be submitted to the Florida Department of Economic Opportunity,
15. Termination. The Developer may terminate this Agreement upon written notice if
building permits (or a building permit ready letter) are not issued by September 15,
2012 or if for any reason beyond Developer's control it is unable to close on the
purchase of the Property from its present legal owner. This Agreement may
otherwise be terminated by mutual written consent of the parties pursuant to same
the notice requirements nntained in this @
r� Feementfor the initial adoption of a
development agreement.
16. Successors and Assigns. This Agreement
the benefit of the City and the Developer, as
interest and assigns -and -all- future o wnoro
agreem .. In the event of an Assignment
provide notice to the City as provided herein.
shall be binding upon a -ndand inure to
well as their respective successors in
of the arty for the term of this
)f this Agreement, the Developer shall
17. Governing Law. This Agreement shall be governed by the laws of the State of
,Florida, and judicial venue for any actions between the parties arising from this
Agreement shall be in Miami -Dade County, Florida.
18. Enforcement. In the event the Board or the Developer is required to seek
enforcement of the provisions of this Agreement the prevailing party shall be
entitled to recover from the other party all costs of such action, including,
reasonable attorney's fees.
9-:19. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original.
4-0-.20_ Construction. This Agreement shall be construed as the joint and equal work
product of the parties and shall not be construed more or less favorably on account
of its preparation.
44-,21. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties relating to the subject matter hereof and is the only agreement reached
concerning the Site Plan attached as Exhibit B. All preceding discussions
pertaining to the development of the Property as depicted in Exhibit B were had
pursuant to law and subject to full consideration by the City Commission at duly
noticed public hearings.
4-2-.22. Notices. The
parties
designate the
following
persons as representatives to be
contacted and to
receive
notices, if any,
regarding
this Agreement.
For the City: City Manager
6130 Sunset Drive
South Miami FL 33143
with a copy to:
For the Developer:
with a copy to:
r°+�ey]
City Attorney
6130 Sunset Drive
South Miami, FL 33143
Metro South Senior Apartments Limited
Partnership
Mr. Donald Paxton
2206 Jo An Drive
Sarasota, FL 33231
(REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by
their duly authorized officials as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Metro South Senior Apartments Limited
Partnership, a Florida limited partnership
By:
Name:
T itle:
The foregoing instrument was acknowledged before me this _ day of , 2012,
by , as of Metro South Senior Apartments Limited, a Florida
limited partnership, who is personally known to me, or who has produced
as identification and who did/ not take an oath.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
* ** NO FURTHER TEXT ON THIS PAGE * **
Attested:
By:
Maria Menendez
City Clerk
Witness
Witness
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF SOUTH MIAMI
By
Hector Mirabile, PhD.
City Manager
Approved as to form, language,
legality and execution thereof:
Z
Thomas F. Pepe
City Attorney
The foregoing instrument was acknowledged before me this - day of , 2012, by
Hector Mirabile, PhD., as City Manager of the City of South Miami, on behalf of City Commission,
who is personally known to me.
Notary Public, State of Florida
My Commission Expires:
4A SUNDAY JULY 29 2012 ht NATION MiandHeraldcom I THE MIAMI HERALD 11
STAY AHEAD WITH THE MIAMI HERALD AND OUR PARTNERS
The TED Redo Hour at 7 p.m: Fixing our broken systems.
/w'� /� At H: SO a.m.: A debate between Katherine Fernandez Bundle and Rod Vemen. rivals in the race far
S�.�no Miami-Dade slate allorney.
AURORA THEATER SHOOTING
Summer's IIAt funerals, 2 spirits are honored
BIGGEST Amarri who dove inf
SI'RINGIgFd.D, Ohio —
A srunwho dove in front of
SALE
(1.990/OAOE) At
1 %r%VanaUlc
wenxpa[0 veCCFCa.4nlcJ IM On sektl Cer9er RrO+neO &/M
Certified Pre -QWned
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2009 BM W 328ia
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2007 BMW335ia
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2009 BM W 328CI
Bbck /Bale¢.33K Mares .. . ............... . ....................
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2009 BMW X3 3.0
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2009 8MW X5 xDrIVe3OI
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2012BMW 650 CiC
eroy taco- eK M; ter ....... ...... - ... _ ......................
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HE ?M suoel a 0ibcayrle eAd • Miami
Juba North at the Amedcaa NNmr N<ne
BlamanMotorsBMW.com
.866.339.4809
Sates: Mm- Frier %oamApm •Sri 9amdpm •San 11em.5pm
geMCe Openw Days a Week
W rr r Ma'm MU LN"' la •w<�na u^tt n:b, .pi•'N 1X1
white an
d1
the SenSele1g11Mg of the
shooting spree at the sula ry
ban Denver they ter where 12
1'coPlewed justmom
than a wok ago, agar
Moaners packed a
church in this Ohio tow%
where fend,
while tn* acamfite family and friends
gathered is San Antonio to
remcmbe urnam a GhawL
WAegean, C 10, t ate4
the Aaron, Cob, tlmate4
on crutches Saturday and
wept quietly wiHa . his par-
bens. Neither she nor his
parents addressed mourla-
an at the Maiden Lane
Church of God.
Pastor Herb SW", who
is also Mc%uinn's uncle•
said his nephew bad been a
gift since he was born, am
that his actions in Colorado
were Justoneexampleofbis
selflessness.
McQtn% called his
mother three times the day
before she had surgery be-
cause he was upset that he
couldn't be them in person.
Settle: said. When be was
he put his asn around his
}ronnger cousin beeamse he
waswomed shewasWthav-
inga good day, he said.
Then he talked about
MCQlir WS greatest sacri-
fice of all, saving Yowler
who Shalt" desert -bed a5
'7n moment; of crisis,
true character comes out,"
he said. "HIS immediate 1e-
SPACE EXPLORATION
FAMILY'S SORROW: Pastor Herb Shaffer, victim Matt
McQuinn's uncle, hugs MCQUInns brother, Eric.
sponge was to protect the
woman he loved-"
Mourners a Glsawy5 ru-
ms! also touched on the
mwmare If this coward
cpddhavedo ethiswiWtbis
much hater imagine what we
can do with this much Ioy
her brother said d the Cori
mmmity Bible Chhuch in San
Adaniu But roost of the
servicefing outhe lifeof
the aspiring JA- yrsrold
"What
spam will "What we e will not do to-
day is focus on how she left
W said Peter Hums, a
friend from Colorado, read-
ing a statement from Gha-
wys mother, Sandy. "Jess
Called Curiosity, new Mars
rover has a human approach
BY AMINA KHAN
to Agitates toner
LAS AN M.- — In a
[natter of days, a geologist
unliknaay onParthwitiven-
rure into alien territory.
It bas six legs and ore arm
Instead of feet, it rides
amend on metal whorls As
thin as cardboard. Its brain is
in its where it also di-
gem aq �a7wlyves the M
WHEN A NURSING
HOME ISN'T THE
ANSWER
wooldnlit begnarto hays
mrLred Ifvinp fn rAe pMat y and
eomfuKOfyoorowndame7
1Mh Myw nmuJenkM Wlr
r,.Jma aam «nre bwa a <.rK ola
AOYAXtMi
N d.<p,cMM beJ Ire.Arrd e•,rtf•t
AMr) Noun W xaMre,e f 91M.
,
Fn••ho.,r irtall
House Keeping Servke
Now Ayd4ale
www.sdvanea)a.net
mains of Martino rocks it
Despite e
Despite its ,1-ton tnoee
to a onramned, Icon ymy-
ing rear";`, Cluiosity u the
most advanced machine ev
er sent to another planet If
all goes according to plan,
the rover will touch down
onMarsonAug.Sandbegin
rolling along the s rfam a
fewdaysiaten
Qaiaaty will be the eyes
0
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
MARS ROVER:
Curiosity,
the most
advanced
rover, is
expected
to land on
Mars on
Aug. S.
Klam /ss
Were life on Mars in its
warmq wetter part — and
could it sustain rife today?
The rover's sum of 10 pri-
rnary Instruments was de-
signed with these questions
m mind It eat shoot lasers d
rocks to see what thWw
to
tad resolve a ologiscAustrobiologist rr
mystery. Was merely operating on Mars,"
said Jeff Sinamonds, the sd-
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will
conducta public Hearing at a qty Commission meeting scheduled forTuesday, August 7, 2012
beginning at 7:30 p.m. In the City Commission Chambers, 6130 sunset Drive, to consider the
following them:
PurSdam to POOR Stables sections 70.51 and 163.3225,twopublic hearings Will be
held before the City Commission of (ha City of South Miami at which the Commission
will consider entering Into a DevetopmentAgreemezdfor the consbucbonof a mixed
use building ?sated at 6101 Sunset Drive, including street level commercial space,
91 affordable senior apartments, and assodatod parking garage. The proposed
building height on the soW1 side (facing Sunset Drive) Is 8 stores, stepping down
to 4 stories toward the rear, and 2 Stories at the rear (noAh) side. A copy of the
proposed Development Agreement as associated site plan can be obtained at
6130 Sunset Drive, Sours Miami FL ('City Hall"). The Rrst public hearing shall be
held at City Hall an August 7, 2012 at 7:30 p.m.
The second public hearing shall be herd at City Hall on August 21, 2012 at 7:30 p.m.
The matter will be heard as scheduled on the City agenda that will be prepared on
the Friday before the Tuesday CM Commission meeting.
All interested parties are InvRed to attend and will be heard.
for fu0ler information, please contact the Manning 8 Zoning 018ce at: 305 -663 -6331.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person
decides to appeal any decision made by this Board,Agencir or Commission with respect to any
matter considered at its meeting or hearing, he or she will need a record of the proceedings,
and that far such purpose, affected person may need to ensure that a verbibm record of the
proceedings Is made which record includes the testimony and evidence upon which the appeal
its to be based.
eace payload manager for
the missiom
as tens =came us omcse ry
known, is the product of
more than seven years of
work by hundreds of scien-
tists and engineers.
At rinse glance, Curiosity
— so wined by a sixth-
grade gui fiom ltsumas who
won an essay contest —
doesn't appeartobemadein
the image of a geologist
Rut Closer inspection re-
veals that it has its awn ver-
siom of the basic human
senses and the toots a geolo-
gist would take into the field,
including a sock hasmner, a
land Irns and several sets of
"eyea" Teere are also a few
fancy gadgets that. on Earth,
would be confuted to a lab
Curiosity k5 an impressive
machlza It stands about 7
feet tall, 9 feet wide and 10
feet long Its body is be,
decked with remains. and
thick wires suet: around its
metal snap. fns long arm grips
a hest el toots-. a swore to
collect sob samples, a dn71 to
here into stone, a 5pedalhed
lens to peer at microscopic
structures and a "tongue- of
sons that car pmss against
rock to taste the chemicals
within
Inspiteofitsalmost 7"11(10
pounds, everything or
board the rover has been
Pored down to its most nun -
imalistversiomtomakeil as
light as possible.
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - AUGUST 21, 2012
in the XXXX Court,
was published in said newspaper in the issues of
08/10/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper Published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re , commi 'Qn or refund for the purpose
of securinggs advertisement fol publication in the said
before me this
10 day of AUGUST , A.D. 2012
(SEAL)
MARIA MESA personally known to me
Notary Public State of Florida
Cheryl H Manner
My Commission EE '189528
oFw° Expires 07/18/2016