Res No 205-12-13762RESOLUTION NO. 205-12-13762
A Resolution relating to a request pursuant to Section 20 -3.4 of the
Land Development Code for Special Use Approval to locate an
automobile repair and body shop at 5780 SW 68th Street, within the
TODD LI -4 (Transit Oriented Development District - Light
Industrial) zoning district.
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Auto Body Experts USA, LLC submitted to the Planning Board Application No.
PB -12 -030 requesting a Special Use Approval to operate a an automotive repair facility at 5780
SW 68th Street within the TODD LI -4 zoning district; and
WHEREAS, automotive repair is permitted as a special use in within the TODD Light
Industrial (LI -4) zoning district and is subject to meeting general conditions specified in LDC
Section 20- 5.8(B); and
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at the August 28, 2012 Planning Board meeting after public hearing,
adopted a motion recommending approval of the special use request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Special Use Application (PB -12 -030) submitted by applicant Auto Body
Experts USA, LLC for approval to operate a automobile repair and body shop at 5780 SW 68th
Street, within the TODD LI -4 (Transit Oriented Development District - Light Industrial) zoning
district is hereby granted
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2nd , day of October2012.
ATTEST:
Y CLERK
APPROVED:
Res. No. 205 -12 -13762
READ
LANG
VED
, LEGALITY
Commission Vote:
RM Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
4 -0
Yea
Yea
absent
Yea
Yea
CITY OF SOUTH MIAMI
t927 OFFICE OF THE CITY MANAGER
L v aY9 Zoos
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Christopher Brimo, AICP
Planning Director (V'�y
Date: October 2, 2012
SUBJECT:
A Resolution relating to a request pursuant to Section 20 -3.4 of the Land Development
Code for Special Use Approval to locate an automobile repair and body shop at 5780 SW
68th Street, within the TODD LI -4 (Transit Oriented Development District - Light
Industrial) zoning district; and providing an effective date.
SUMMARY OF REQUEST
The applicant is requesting a Special Use Approval to operate an automotive repair facility at 5780 SW
68th Street. An automobile repair and body shop is permitted in the "TODD(LI -4)" zoning district as a
special use and subject to certain conditions. The applicant currently operates an automotive repair
facility at 5786 Progress Road, a few doors south of the subject property, Figure 1
This proposed location was once licensed as an automotive repair facility, however the license has
expired for a period greater than 6- months, which constitutes an abandonment of the use, necessitating a
reapplication for the special use approval. The applicant proposes to expand their auto body repair facility
to this new location; vehicles requiring auto -body repairs will be transferred by the businesses employees
from the existing location when such repairs are needed. Please refer to the attached site plan, Exhibit A.
On August 28, 2012, the Planning Board reviewed Application PB -12 -030, and following a public
hearing voted to recommend approval of the Special Use request for automotive repair at 5780 SW 68th
Street, by a vote of 6 ayes; 1 nay. Please see the draft minutes from that meeting.
REGULATIONS APPLICABLE:
Section 20- 3.4(A) of the LDC provides that special uses must be approved by the City Commission after
a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to
determine the compatibility of the proposed use with the surrounding neighborhood.
A proposed special use must comply with the general special use requirements set forth in Section 20 -5.8
which state that the use: (a) will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed use; (b) will not be detrimental to the public welfare or property or
improvements in the neighborhood; and, (c) complies with all other applicable Code provisions.
5780 SW 68th Sheet
Page 2 of 3
In October, 2001, based upon the recommendations of the Zoning Task Force and Planning Board, the
City Commission adopted Ordinance No.25 -01 -1756 which provided for a number of commercial and
light industrial uses to be re- instated as.permitted uses in the TODD (LI -4) zoning district. It appeared
that in 1997, when the TODD district was created, certain uses previously allowed in the district were
removed as permitted uses. At the time of the October, 2001 ordinance adoption, it was agreed that these
uses could be re- instated, however, they would be classified as special uses thereby providing for
additional scrutiny and public hearings.
STAFF OBSERVATIONS:
(1) The applicant's
letter of intent states that the
building
will
be used
as a body shop, which is an
extension of its
main business (auto body repair)
located
5786
Progress
Road.
(2) The existing structure is a one story building, with a total of 5,400 square feet of gross floor area. The
building also faces SW 68th Street and Commerce Lane.
(3) The proposed use requires (1) parking space for each 300 sq. ft. of gross floor area thereby resulting in
a requirement of 18 parking spaces. The submitted site plan indicates a total of 11 on -site spaces
located in the paved areas in the front of the building. Although not called out on the site plan, there
are approximately 4 to 5 additional spaces on northeast (triangular) paved portion of the site. The
applicant notes on the site plan that the parking area will be used as a holding area for vehicles
waiting to be repaired and not for general public parking. If the parking at this location is not for the
general public but merely a holding area, it could be possible to accommodate additional vehicles on
the property. Additionally, there are approximately 9 on- street parking in front of the property may be
counted towards the parking requirement (see below) Figure 2.
(4) The proposed use is located in an area dominated by automotive repair and other light industrial type
businesses.
(5) The applicant will be required to store vehicles under repair inside for overnight storage. This
complies with the applicable regulations for the TODD Light Industrial Zoning District.
(6) Due to overall congestion in this area and limited external space of the property, actual automobile
repair work should only be allowed on the applicant's property and not within the right -of way.
(7) The applicant should take special care that wreckers and tow trucks delivering vehicles to the
premises not block the traffic lanes on Commerce Lane or SW 68th Street, as this may have a very
detrimental effect on traffic circulation in the area.
RECOMMENDATION:
The proposed location of the repair facility was once licensed for automotive repair, and the area is
currently dominated with other repair facilities It is recommended that the special use application for an
automobile repair facility at 5869 Progress Road be approved with the following conditions:
1) Automobile repair work should only be allowed inside the building.
2) Automobiles under repair shall be stored inside the building.
3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic
lanes of Commerce Lane or SW 68th Street.
ZACommission 1tems\2012 \10 -2 -12 \Special Use Auto Repair \Spec Use Auto Repair CM Report.doex
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application for Public Hearing before Planning Board & City Commission
VA
Address, of Subject Property: 5� I? 4,
� • loin s b \Lot(s)�. �5 Block `� Subdivision
1p0 J'W,(R;aAA'x
PB -i
Meets & Bounds:
w
Applicant:
,A Ako
Phone:
Q ;5 L %c 140( v75 Zr55 L7
Representative:
Organization:
Address:
Phone:
Property Owner: Sp aL~ 6 t -� 7e A&,/ rrkL `Signature:
a 50 fl • �a��'` Phone:
M�a_il"in`g,
/Address:
Architect/Engineer:
Phone:
AS THE APPLICANT;- PLEASE'IND(CATE
YOUR RELATIONS IR.TO THIS PROJECT:
_Owner Owner's Representative
Contract to purchase Option to purchase ✓enant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
_ Text Amendment to LDC
V Vance
V Letter of intent
_. Zoning Map Amendment
vSpecial Use
_ Justifications for change
PUD Approval
_Special Exception
_ Statement of hardship
T PUD Major Change
_Other (Waiver of Plat)
! Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code
sections:
_ Contract to purchase
veo�Current surrey (1 original sealed and
l0 bo-
signed /1 reduced copy @ 11" x 17 ")
P/15 copies of Site Plan and Floor Plans
24 x 36", 1 reduced copy @ I V x 17"
Affidavit- Receipts attesting to mail
notices sent
Section: Subsection: Page #:
Amended Date:
/Mailing
labels (3 sets) and map
`Required Fee(s)
The underssig
correct to the
Appli
read this completed application and represents that the information and all submitted materials are true and
the applicant's knowledge and belief.
ature and title
Date
Ufon receipt, ;a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ON Y:
Date Filed 3 IZ Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
Z: \Forms \Pl3 - Special Use Application - Revised 5- 3- 2012.doc
AUTO BODY EXPERTS USA I.I.C.
5786 Progress Road
South Miami, Fl 33143
Telephone # 305- 665 -7556
Fax # 305- 665 -7392
July 26, 2012
To Whom It May Concern,
The purpose of this letter is to obtain a Special Use Permit for our new auto body repair facility which
will be located at 5780 S.W. 68Th Street, South Miami, FI 33143.
Our intent is to move vehicles from our main facility ( 5786 Progress Road ), to this new location in
order to perform bodywork,
Prior to the tenants at this location, a body shop operated at this site whose Special Use expired.
This proposal will be serving our customer's who live and work within the City of South Miami and
adjacent vicinities.
Additionally this proposal will generate employment opportunities to the residents of the City of South
Miami.
Thank you for your attention to this matter.
SincerelgYours,
riguez
naging Member
— - -- — IRST- AMEN13ME1�iT
TO COMMERCIAL LEASE FOR VACANT PROPERTY
This First Amendment to Commercial Lease For Vacant Property as of April l„ 2012 (the
"Amendment ") is by and between So Miami Kal -Si -Stem, LLC, a Florida limited liability company
(referred to here as "Landlord "), and Autobody Experts USA, LLC, a Florida limited liability
company (referred to here as "Tenant ") whose address is 5786 Progress Road, Miami, FL 331.
WITNESSETHa
WHEREAS, Landlord is the owner of the fee simple title to the property located at 5780
SW 68th Street, South Miami, Florida (Folio No. 09- 4025 -028 -0960) (the "Property ") which
contains a building (the ABuilding @), a front parking lot ("Front Parking ") that was leased to
Petrus Food LL.G, a Florida limited liability company d/b /a Pizza Rustica (referred to here as
"Pizza Rustica "), but Pizza Rustica has vacated such area and its rights ended, and a fenced in
parking lot (theAParking Lot@ as defined and more particularly described in the Lease defined
below);
WHEREAS, Tenant and Landlord are parties to that certain Commercial Lease For
Vacant Property dated February 25, 2010 wherein Tenant leases from Landlord the Parking Lot
(being the fenced in portion only) from Landlord on a month to month basis;
WHEREAS, Tenant desires to Lease fiom Landlord and Landlord desires to lease to
Tenant the entire Building including the office area that was leased to Pizza Rustica. but Pizza
Rustica has vacated such office area and its rights ended, and the Building is more particularly
described on Exhibit "A" consisting of 1 vane and labeled the Premises (hereinafter referred to
as the "Interior Premises ");
WHEREAS, all of the terms, provisions, conditions and rental of the Interior Premises
have been agreed upon between the parties and are hereinafter specifically set forth, and are
banding upon the parties hereto and upon their respective heirs, successors and permitted assigns;
NOW, THEREFORE, in consideration of the premises and in consideration of the
covenants entered into by and between the parties hereto, and in further consideration of the
covenants of the Tenant herein to pay the rental herein provided and to otherwise comply with,
perform and abide by the Tenant's covenants hereinafter contained, and in further consideration
of the sum of TEN AND N01100 ($10.00) DOLLARS and other good and valuable
considerations, each to the other in hand paid, the receipt and sufficiency.of which is hereby
acknowledged, the parties, Landlord and Tenant, do mutually covenant and agree upon the
terms, provisions and conditions hereinafter set forth, and at the rental hereinafter specified and
provided as follows:
A. Paragraph 1 of the Lease entitled, Property, is amended as follows:
The last sentence: "Tenant shall not have any access to the Building on the Property" is
deleted and in its place the following is added:
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1, Property, The Interior Premises and Front Parking are hereby leased to Tenant for a term of
six (6) months: The Interior Premises consists of those portions of the Building located on
the Property at 5780 SW 681h Street, South Miami, Florida, which consists of all of the
Building shown on Exhibit "A" and labeled Interior Premises, and the Front Parking
consists of the area labeled Front Parking on Exhibit "A" hereto. At the expiration of the
six (6) month term, unless terminated by eitherparty in the mannerprovided for hereinbelow
the tenancy of the Interior Premises shall become a month to month tenancy, and the teens
and conditions of the Lease as amended shall continue during such month to month tenancy.
At any time during the six (6) month term either party may terminate this Amendment for
any reason by sixty (60) days written notice. Upon the expiration of the six (6) month term
when the term is on a month to month basis, either party may terminate the month to month
tenancy upon thirty (30) days written notice of termination.
B. Paragraph 2 (A) of the Lease entitled, Condition, is amended by adding the following
after the last sentence therein: Condition.
(A) Landlord leases the entire Interior Premises to Tenant in "AS IS, WHERE IS`
CONDITION, and Tenant leases the entire Interior Premises from Landlord in "AS IS,
WHERE IS" CONDITION. Tenant represents that it has inspected the Building, the interior
Premises, and the Front Parking, and is familiar with its condition and accepts the same m its
present "AS IS" condition; provided however, since the electric and water services and
breaks or lack of proper service or breaks in a line are still being looked into, Tenant reserves
the right to terminate the lease early and receive back its security deposit with Rent prorated
to such termination date, if Tenant finds substantial problems with the electric system or
plumbing system once the utilities are turned on, and Tenant is unable to arrive at a
satisfactory accommodation with Landlord within thirty (30) days after the date hereof.
Landlord shall not.be required to make any alterations, repairs or improvements of any kind
whatsoever to the Building or the Interior Premises except as expressly provided for herein.
Tenant shall keep the Building including the Interior Premises and the improvements therein
in good order and repair. Tenant shall set up the utility services in its name.
co Paragraph 2 (B) entitled, Landlord's Access, is amended by deleting the following
sentence therefrom since Tenant is leasing the entire property:
"Landlord further reserves the right to lease any or all of the bays in the Building on the
Property to another tenant(s) and such tenants may drive vehicles through the Parking lot
from time to time to deliver items to the bays in the Building."
Paragraph 2 B is further amended to provide that all of Landlord's rights of access to
the Parking Lot shall also be extended to and shall include the Interior Premises and the
Building. The following paragraphs are also added to Paragraph 2B at the end:
(i) Landlord and its authorized agents or representatives shall have reasonable access to
the Duilding to enter or pass (plough the Building during normal business hours and
at all hours in the event of an emergency. Landlord reserves the right to have access
to the Building including the Interior Premises to show the Property to prospective
tenants, purchasers or mortgagees and to gain access to the Building and the Interior
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- = Pre ses-buti andl rfere witlrTenanft- us"nd -end
of the Interior Premises. Landlord has the right to place For Rent/Lease signs on the
Property including on the Building, in the Parking Lot or on the fence surrounding
the Parking Lot at locations chosen by Landlord.
(ii) Except as otherwise provided for herein above, Landlord and its agents shall have the
right, on ten (10) days prior written notice to Tenant to require Tenant to make
repairs in order to keep the Interior Premises in good order and repair, and upon
Tenant =s failure to make such repairs within such ten (10) days, Landlord may enter
the Building for the purpose of making any repairs in or to the Building that are
considered reasonably necessary by Landlord, in such a manner as not to
unreasonably interfere with Tenant in the conduct of Tenant's use within the Interior
Premises.
D. Paragraph 2C entitled, Keys, is amended by adding the following sentence at the end.
If Tenant changes the locks to the Building, Tenant shall provide a key to Landlord for -
Landlord =s access to the Building.
E. Paragraph 3 of the Lease entitled, Term, is amended by adding the following sentence.
The term for the Interior Premises shall commence on April 1st, 2012 and shall continue for
six (6) months unless terminated by either of the parties as set forth herein. Thereafter, this
tenancy shall continue on a month to month basis until terminated by either party. Upon the
expiration of the six (6) month terin when the term is on a month to month basis, either party
may terminate the month to month tenancy upon thirty (30) days written notice of
termination.
F. Paragraph 4 of the Lease entitled, Rent, is amended as follows:
Rent. The rental amount for the Interior Premises before Pizza Rustica rights of possession
were terminated the gross rent was $1,500.00 per month.plus applicable sales tax ($1,605 /mo.
based on 7% sales tax)-. The rental amount for the Interior Premises and Front Parking shall be
in addition to the rental amount for the Parking Lot which is $2,300.00 per month plus sales tax
(total is $2,461.00 based on 7% sales tax). The first rental payment shall be due and payable
upon the execution of this Amendment, and thereafter rent shall be due on the 1St day of each
month Now that Pizza Rustica's rights to possession are terminated, the rental amount for the
entire Interior Premises (now including the Office) and the Front Parking shall be $2,000.00 per
month, plus applicable sales tax (total is $2,140.00 based on 7% sales tax). Rent shall be paid
one first day of each month. The total Rent for the entire property now that Pizza Rustica's rights
are terminated, shall then be $4,300.00 plus applicable sales tax (total is $4,601.00 based on 7%
sales tax). So for April 2012 the rent to be paid is $3,800 with sales tax it totaled $4,066.00
which was paid. For May 2012 the rent to be paid is $4,601.00.
G. Paragraph 5 of the Lease entitled, Security Deposit, shall be amended by adding the
following sentence.
Tenant, concurrently with the execution of this Amendment, has deposited with Landlord
additional Security Deposit in the amount of $3,210.00 receipt of which is hereby acknowledged
by Landlord. Landlord has a Security Deposit under the existing Lease in the amount of $4,922,
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to to rred tcras th
Deposit, The Aggregate Security Deposit shall be retained by Landlord as security for payment
by Tenant of the Rent agreed to be paid by Tenant and for the faithful performance of each and
every term and covenant of the Lease as Amended,
H. Paragraph 6 of the Lease entitled, Services, is amended by adding the following:
The parties acknowledge and agree that it shall be the Tenant =s obligation and responsibility to
ohtain or cause to be available any and all services and usage including but not limited to utilities,
electric, a/c, water, lighting, telephone, etc that Tenant may desire. Landlord has advised Tenant
that there was no water and no electric service to the Premises for awhile, and ifTenant desires to
have the electric or the water turned on, then Tenant shall open its own account in its own name
withFlorida Power & Light or WASA, as applicable, and shall be solely responsible to pay for its
electric bill and/or water bill. Tenant shall be responsible for all waste removal and the expense
thereof. Landlord shall not be obligated to provide any services or utilities or perform any act
whatsoever to Tenant or with respect to the Building or the Interior Premises, except as expressly
set forth in this Amendment.
Landlord has no responsibility for any maintenance, repairs or replacements related to the
Building, except Landlord shall maintain the roof and exterior building structure but not the
entrance and exit doors, windows, openings, etc, nor the painting of the exterior or interior of the
Building.
10 Paragraph 7 of the Lease entitled, Tenant Obligations, is amended by adding the Interior
Premises and Front Parking throughout the Paragraph, so that all -of Tenant's obligations and
right to manage, generally operate, maintain and repair set forth in Paragraph 7 shall extend to
and include the entire Interior Premises and Front Parking. Tenant shall be responsible to clean
the bathrooms and to maintain and repair the plumbing and fixtures therein but only so long as
any such repair does not exceed $500.00, unless the reason for the repair is because Tenant or its
agent caused the problem in which case Tenant shall pay for same. Plumbing repairs exceeding
•$500.00, under the condition above, shall be the obligation of the Landlord. Tenant shall be
obligated to maintain the Interior Premises in the same condition as it is upon Tenant taking
possession of the Premises, including without limitation: the repair, replacement, and
maintenance of the lighting, electrical system, plumbing system (up to $500.00 as provided
above), and all other- equipment, apparatus, improvements, doors, bay doors, overhead doors,
openings, windows, fixtures and appurtenances to the Building. The Tenant will keep the
Interior Premises and Front Parking in a clean, healthful and safe condition, free of debris,
environmental pollution or damage and trash in accordance with and in compliance with all
applicable laws, ordinances and other governmental regulations, orders and directions during the
Term. Tenant shall do and perform at its cost whatever is necessary to satisfy the City of South
Miami concerning the metal sign pole and sign frame in the Front parking including but not
limited .to, as necessary and permitted by the City, removing the pole and frame, reducing the
height of the pole and frame, putting its sign in the frame, etc.
J. Paragraph 8 of the Lease entitled, Casualty, is amended by adding the Interior Premises
so that any damage to or destruction of the Interior Premises or any improvements therein shall
be promptly repaired, restored or replaced by Tenant; except to the extent that Landlord has
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escribed- in Par - a✓ease— Tenant -s
insurance on the Interior Premises and Front Parking in the amount of $300,000 and name
Landlord as named insured. Tenant shall provide Landlord with a copy of the Declaration of
Insurance evidencing that Tenant has added the InteriorPremises to Tenant's liability insurance
policy and named Landlord as additional insured.
K. Paragraph 9 of the Lease entitled, Nuisance Abatement/Duty to Clean Leaks, is
amended to add and include the Interior Premises and Front Parking, so that Tenant shall have
the same duties to abate any nuisance pertaining to the Interior Premises and Front Parking as set
forth in Paragraph 9 of the Lease. In the event that there is any leakage in the Interior Premises
from any items stored by Tenant, Tenant shall immediately clean the area and take all necessary
actions to prevent further leakage into the Interior Premises, and to cleanup any damages that do
occur, Tenant may store products in the Building as long as it complies with applicable zoning,
environmental and building codes
L. Paragraph 10 of the Lease entitled, Comply, is amended by adding the Interior Premises
and Front Parking so that all duties Tenant has with regard to comply with laws, fire codes,
zoning regulations and requirements of applicable governmental and quasi governmental
authorities and requirements and recommendations of insurance underwriters shall extend to and
include the Interior Premises and Front Parking,
M. Paragraph 11 of the Lease entitled, Use and Compliance, is amended by adding the
following paragraph:
Tenant =s use of the Interior Premises and Front Parking _shall be for dry storage purposes and
body shop but only as permitted by the City of South Miami, which Tenant shall determine with
the City. Tenant shall be responsible to obtain any and all licenses or permits from applicable
municipal, county and other government authorities for such use of the Interior Premises and
Front Parking. Tenant shall not conduct retail activities, or other commercial activities without
proper permits. Tenant understands that use of the Interior Premises may be limited by the City
to employees only and proper signage may be required of Tenant so stating.
N. Paragraph 12 of the Lease is amended by adding the following:
LANDLORD MAKES NO REPRESENTATION WHATSOEVER REGARDING THE
BUILDING OR THE INTERIOR PREMISES OR THE FRONT PARKING OR TENANT'S
USE OR OCCUPANCY OF THE INTERIOR PREMISES OR THE FRONT PARKING,
TENANT WAIVES, RELEASES, RENOUNCES AND LANDLORD DISCLAIMS ANY
GUARANTIES AND ANY M'LIED OR EXPRESSED WARRANTIES OF
MERCHANTABILITY, TENANTABILITY, HABITABILITY, FITNESS ORFITNESS FOR
A PARTICULAR PURPOSE (INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR
ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
THEREFROM). LANDLORD HAS NOT MADE, NOR HAS TENANT RELIED ON ANY
REPRESENTATION AS TO CONDITION, SAFETY OR SECURITY OF THE INTERIOR
PREMISES,
O. Paragraph 13 of the Lease entitled, Environmental Matters, is amended by adding the
following sentence:
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'\ • 1 ••W- UUMeb, ofyfigauvlua .11. 11•"1111 •11. • 1 tt t: .' .tl L J Onall
extend to and include the Interior Premises and Front Parking.
P. Paragraph 14 of the Lease entitled,
sentence after the first sentence:
Tenant may not make any alterations or
equipment in or on the Building or the Intl
prior written consent or approval which
reasonable discretion.
Alterations, is amended by adding the following
improvements in, on or to the structural elements,
;rior Premises, or Front Parking without Landlord =s
consent or. approval. Landlord may withhold in its
Q. Paragraph 15 of the Lease entitled, Signage, is amended by adding the following:
Tenant shall not install signs on the Building without prior written consent of Landlord which
consent will not be unreasonably withheld for a sign to identify the name and address of the
Tenant; provided further that installation of all signage shall be subject to first obtaining any
required governmental permits and approvals. At the termination of rights to the Interior
Premises, Tenant shall remove such sign, provided such removal does not damage or impair the
Building, Interior Premises, Front Parking, the Property or the Parking Lot or fence, as
applicable. Except as provided herein, Tenant may not remove any posts, monuments or other
supporting structures for signs without Landlord =s prior written approval..
R, Paragraph 16 of the Lease entitled, No Liens, is amended by adding the words: and /or
Interior Premises, Front Parking, or Building in the first sentence following the words
"Parking Lot ", so that it is clear that Landlord's interest !n the Building and property shall
not be subject to liens for improvements made by Tenant.
S. Paragraph 17 of
the
Lease, entitled, Insurance, is amended to add- the
following
sentence: Tenant shall
add
the Interior Premises/Building and the Front Parking to
its liability
insurance policy and add Landlord as additional insured. Tenant shall deliver certificates of
insurance with receipts or other evidence of full payment of the premiums and a copy of the
policy as and when issued) to the Landlord within fifteen (15) days of execution of this
Amendment and annually thereafter fifteen (days) before the insurance is expired.
T. Paragraph 20 of the Lease entitled, Default By Tenant, is amended to extend to and
include the Interior Premises and Front Parldng. Paragraph 20 (B) of the Lease is
amended to add the words `rand Interior Premises and Front Parking" after the words
"Parking Lot" in each instance that the words "Parking Lot" appear.
U. Paragraph 21(J) entitled, Entire Agreement; Modifications; Captions, is amended by
adding the following two sentences:
This Amendment contains the entire agreement between the parties concerning the
matters set forth in this Amendment and may not be modified orally or in any matter
other than by an agreement in writing signed by all the parties or their respective
successor in interest. Further the Lease as amended supersedes the prior lease.
Paragraph 21(h) of the Lease entitled, Recording, is amended by adding the following
sentence.
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V. Paragraph 22 of the Lease entitled SURRENDER; HOLDOVER, is amended by adding
the following
At the termination of Tenant's rights to the Interior Premises and Front parking, Tenant shall
quit and surrender possession of the Interior Premises and Front Parking to Landlord clean of all
trash, debris, equipment, personal property, with the Interior Premises and Front Panting
including all doors (including bay doors and overhead doors), windows, fixtures and
improvements, in good operating condition normal wear and tear excepted and in compliance
with applicable Code. Except as otherwise provided for herein, Tenant shall not be obligated to
remove any alterations to the Interior Premises and Front Parking that were approved by .
Landlord unless Landlord shall notify Tenant in writing of Landlord's desire for an Alteration to
be removed. Upon removal of any such Alteration Tenant shall leave the site of such removal in
compliance with Code so that there are no open wires, open pipes or similar safety hazards or
Code violations. If Tenant remains in possession of the Interior Premises and or Front Parking
after termination of Tenant's rights to the Interior Premises and Front Parking by written notice
from Landlord of the termination of the tenancy, then Tenant shall be deemed to be a Holdover
Tenant at will, under all of the same terms and conditions of the Lease, as amended, then in
effect, except as to the Rent and term, and Rent shall be in the amount of 200% of the monthly
Rent payable by Tenant to Landlord during the last month of this Lease. In addition, Tenant shall
also be responsible for all reasonable damages, costs and expenses incurred by Landlord during
the period of holdover that are attributable directly to Tenant's continued possession of the
Interior Premises or Front Parking, including special damages:
W. The following paragraph its added as the final paragraph of Paragraph 22
TENANT AGREES THAT IF TENANT ABANDONS OR SURRENDERS THE INTERIOR
PREMISES OR FRONT PARKING OR IS DISPOSSESSED BY LEGAL PROCESS
(EVICTION), LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE
OR DISPOSITION OF TENANT =S PERSONAL PROPERTY, INVENTORY OR ANY
VEHICLES REMAINING IN THE BUILDING INTERIOR PREMISES, ON THE FRONT
PARKING, OR ON THE PROPERTY, AND ANY SUCH ITEMS REMAINING ON THE
PROPERTY SHALL BE DEEMED ABANDONED BY TENANT, AND LANDLORD MAY
REMOVE AND DISCARD ALL SUCH ITEMS IN LANDLORD =S SOLE AND ABSOLUTE
DISCRETION.
X. The following Paragraph 23 is added to the Lease:
23. (A) Except as expressly modified or amended by this Amendment, the Commercial Lease
for Vacant Property remains in full force and effect.' Any conflict between the Commercial
Lease for Vacant Property and this Amendment, this Amendment shall control; provided
however that the Commercial Lease for Vacant Property governs Tenant =s possession and
use of the Parking Lot and to the extent that provisions of the Lease relate to the Parking Lot
they remain in fall force and effect and are not modified by this Amendment which governs
the lease of the Interior Premises and Front Parking. It is the intention of the parties hereto
that all of the rights, duties and obligations of the parties as set forth in the Lease with
relation to the Parking Lot shall extend to and include the Interior Premises and Front
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(B) To the extent that it is illogical, those illogical provisions in the Lease do not apply to
the Interior Premises or Front Parking because they refer specifically to the Parking Lot, and
to the extent that it is logical the provisions of the Lease apply to and govern the Tenant—.s
lease of the Interior Premises and Front Parking, then same apply to the Interior Premises and
Front Parking, as applicable. By way of example, paragraph 8 of the Lease governs casualty
to the Parking Lot and Paragraph 9 of this Amendment governs casualty to the Interior
Premises and neither paragraph supersedes or amends the other since they govern casualty of
two different portions of the Property.
IODYJ EXPERTS USA LLC, a
a li ted liability company
By: _.
Print name: sar Rodri ue
Title: anag member
Date: May , 2012
LANDLORD:
SO MIAMI KAL-SI -STEM, LLC
a Florid limited liability company
By: -
Print Name: G Simon
Title: Manager
Date: May 150 , 2012
Page 8 of 8
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City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. `�C.ity" action is broadly described to include the ranking and selection v ^f pr ofessional c0lisuitaniS, aiid
virtually all- legislative, quasi judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:34 PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum: Dr. Whitman (Chairman), Mr. Fernandez,
Mr. Cruz (Vice - Chairman), Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini.
Board Member absent: None.
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There was the swearing in of a new Planning Board member Hector Fernandez by Mr. Thomas
Pepe,
The Planning Board meetings scheduled in September have been cancelled due to City
Commission scheduling conflicts.
IV. Public Hearings
L PB -12 -030
Applicant: Auto Body Experts USA, LLC
Location: 5780 SW 68th Street
A Resolution relating to a request pursuant to Section 20 -3.4 of the Land
Development Code for Special Use Approval to locate an automobile repair and
body shop at 5780 SW 68th Street, within the TODD LI -4 (Transit Oriented
7: \PB \PB Minutes \2012 Minutes \September\PB -12 -030 nutobody Experts- 08- 28- 12- Excerpt.doc Page l of 3
Development District - Light Industrial) zoning district; and providing an effective
date.
Mr. Fernandez read the item into the record.
Mr. Brimo presented the item to the Board.
The Chairman Opened the Public Hearing.
Applicant: Cesar Bonilla
The applicant stated that he is the owner of Auto Body Experts. Dr. Philips stated the cars for
repair are brought to the main office and vehicles for repair will be brought to this location. The
applicant responded that yes the cars for repair are brought to the main office at 5786 Progress
Road and vehicles for repair will be brought to this location 5780 SW 68th Street but the
customers will not come to this location. Dr. Philips also stated that the parking problem stems
from vehicles that are waiting for repair and not customers parking at this location. The applicant
responded yes, there is shortage of storage area which is why they were stacking the cars. Mr.
Cruz asked the applicant how they will prevent the customer from coming to this address. The
applicant stated that the customer will only be supplied with the main address at 5786 Progress
Road and there is a disclaimer that the customer will sign granting permission to move the
vehicle to different locations for repair.
NAME ADDRESS
Constantine (Inaudible)
SUPPORT /OPPOSE
He stated that he owns a shop on Commerce Lane and there has been a problem with parking. He
then stated that by law a business has to disclose to the vehicle owner that their vehicle is being
moved and the location of the vehicle. He also stated that this body shop has been opened for
business and was closed due to a lack of permit, in which they have since applied for the license
to operate at this location. He stated that there is a huge problem with parking on Progress Road
and Commerce Lane because of this business.
NAME
George Featherstone
ADDRESS
Commerce Lane
SUPPORT /OPPOSE
He stated that he has been working in the Commerce Lane area for quite some time in realty. He
then stated at this new location there does not seem to be a parking problem because the parking
is limited in the front of the building; also due to the fact that there is a vacant business located
on this street and the businesses in the area are making use of the parking.
The Chairman Closed the Public Hearing.
Mr. Cruz asked the applicant currently what he is doing with the cars that he does not have
storage at the present location. The applicant responded that they are stored at the new location
due to the lack of storage. Mr. Vitalini asked the applicant if at any time would there be damaged
cars for repair left outside of the enclosure. The applicant responded that no cars would be left
outside overnight.
Z: \PB \PB Minutes \2012 Minutes \September\PB -12 -030 Autobody Experts- 08- 28- 12- Excerpt.doe Page 2 of 3
Dr. Hauri stated that under # 3 the wreckers shall not block the traffic. She stated that commerce
lane is blight and would like to see some landscaping done. Mr. Brimo stated that the CRA has
been discussing making improvements in the landscaping and drainage on Commerce Lane, if
they do any improvements will decrease the parking in these areas which will fall in the right -of-
way. Mr. Fernandez stated that there is no delineated parking and people just double park in the
right —of -way. Mr. Brimo responded that there is delineated parking in the triangular area in
front of the building. Dr. Whitman stated that he believes that there is need for a variance unless
there are seven spaces in the front. Mr. Pepe stated that stacked parking will not count as
additional parking for any use. Mr. Vitalini agrees that it would be nice to have a tree lined street
but it is an industrial area with cars stacked everywhere, it's just not feasible.
Motion: Dr. Philips motioned to accept this resolution with recommendations of a no trespassing
sign, there be disclaimer that the customer will sign granting permission to move the vehicle to
different locations for repair. This motion was seconded by Mr. Fernandez,
Vote: Approved: 6 Opposed: 1
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Mr. Cruz: Yes
Mr. Dundorf No
Dr. Hauri: Yes
Mr. Fernandez: Yes
V. Approval of Minutes:
Planning Board Minutes of August 14, 2012- The Board members reviewed the minutes and
were in favor of approval of the minutes with minor changes.
Motion: Mr. Cruz motioned to approve the August 14, 2012 minutes. This motion was seconded
by Dr. Philips.
Vote: Approved: 6 Opposed: 0
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Mr. Cruz: Yes
Mr. Dundorf: Yes
Dr. Hauri: Yes
Mr. Fernandez: Abstain
VI. Future Meeting Dates: Tuesday, October 9, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:25 PM.
7.,: \PB \PB Minutes \2012 Minutes \September\P13-12 -030 Autobody Experts- 08- 28- 12- Excerpt.doc Page 3 of 3
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ST{
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
V. REYNOSO, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a 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 - OCTOBER 2, 2012
in the XXXX Court,
was published in said newspaper in the Issues of
09/21/2012
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, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before me this
M
day of SEPTEMBER
, A.D. 2012
V. REYNOSO personally known to me
91
n # DD 937532
vember 2, 2013
Fain lr& mce 800.3854019