Ord. No. 18-05-1840aORDINANCE NO. 18-05-1840
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40
THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; THE,
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY
PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission at its March 1, 2005 special meeting approved special
exceptions to permit "Project Sunset", a unified mixed use development consisting of residential, office
and retail uses generally located at 5750 Sunset Drive; and
WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 05-
05 -1827 approving a Development Agreement between the City and the developer, the South Miami
Corporation for Project Sunset; and
WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets forth a
phasing schedule for the development of the project; and
WHEREAS, the Administration has now negotiated an amended phasing schedule which should
reduce the impact of the development program on traffic and parking in the area; and
WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities Serving the
Project" provides a formula for determining the amount and timing of a park and open space concurrency
payment to be made by the developer to the City; and
WHEREAS, the Administration has now negotiated a specific amount and revised timing of the
park and open space concurrency payment to be made by the developer to the City; and
WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public
hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the proposed amendment
to the Development Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 4 entitled "Use of Property" of the Development Agreement between the City
and the South Miami Corporation for Project Sunset adopted by Ordinance No. 05 -05 -1827 at the March
15, 2005 City Commission meeting, is hereby amended to read:
4. "Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "C ": a mixed use residential, office and retail project with a residential use
Ord. No. 18 -05 -1840
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not to exceed 108 dwelling units on approximately 4.5 +/- acres. The project will include
"chamfered" corners where it abuts roadway intersections pursuant to Exhibit "C ". The occupied
space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise
permitted by the South Miami comprehensive plan or its land development regulations. The total of
occupied space of the project shall not exceed four stories. Non- occupied space shall not exceed a
maximum height of fifty six feet. The project shall be built in two phases as follows:
• Phase I shall consist of Blocks "A" ands "B" described in Exhibit "C ".
• Phase II shall consist of Block � "C" described in Exhibit "C ".
• The Company may elect to implement the development plan in one
phase
• The Company may elect to utilize Block "C" as a temporary bank
facility with drive - through lanes (not to exceed four lanes) which
facility shall be removed upon the issuance of the Certificate of
Occupancy for the Bank facility on Block "A ".
The overall development of the property shall be conducted in accordance with the
approved site plan on file at the City, (attached and incorporated as Exhibit "C ")
including elevations, architectural features and estimated commercial square footage
pursuant to Section 20.1-7, of the LDC."
Section 2 That Section 5(b) entitled "Public Facilities Serving the Project" of the Development
Agreement between the City and the South Miami Corporation for Project Sunset adopted by Ordinance
No. 05 -05 -1827 at the March 15, 2005 City Commission meeting, is hereby amended to read:
5. "Public Facilities Serving the Project
b) Parks and Recreation
Based on the projected residential population on the Property, Company agrees ased an the M'Ofaff
its to park and reer-�i,�a
residential ?dllit all „
to donate $232,000 in one lump sum as its responsibility for
meeting park and recreation concurrence. Payment shall be made on or before receipt of
the first building permit and shall include anv interest or carrvin2 cost incurred by the
City until receipt of the payment.'
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Ord. No. 18 -05 -1840
Section 5 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 74 day of _� - vpt, , 2005
ATTEST:
CLERK
1" Reading- 6/7/05
2 °d Reading- 6/14/05
READ AP VED AS TO FORM:
TY ATTORNEY
APPROVED:
`V/IA
R�
COMMISSION VOTE:
4 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
absent
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar
Yea
New wording underlined; wording to be removed indicated by strikethrough
WCGRUFF\PLANNING \Comm Itemst2005 \6- 7- 05\Development Agreement Project Sunset Ord.doc
South Miami
To: Honorable Mayor, Vice Mayor and Date: June 14, 2005
Commission Members
ITEM No.
From: Maria Davis Re: Project Sunset :Amendment to
City Manage r° Development Agreement
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40
THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO
PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY
PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Development Agreement for Troject Sunset (Bank of South Miami) was approved by the
adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005 meeting. The
attached development agreement contains a Section 5(b) (Public Facilities Serving the Project) /
setting forth in general terms the applicant's concurrency payment obligation for parks and
recreation space. Following that adoption the Administration negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the per acre cost
negotiated for the purchase of the YMCA property.
In addition to the payment amendment the Administration has also negotiated certain changes to
Section 4 (Use of Property) which sets forth the phasing of the proposed project.
The amendment to the Development Agreement requires an amendatory ordinance to be
adopted after review and recommendation from the Planning Board.
PROPOSED AMENDMENT
The specific amendments are as follows (new wording underlined; wording to be removed
indicated by strikethrough):
Development Agreement
June 14, 2005
Page 2 of 3
4. Use of Property. The property described in Exhibit "A" is to be utilized for the project
described in Exhibit "C ": a mixed use residential, office and retail project with a
residential use not to exceed 108 dwelling units on approximately 4.5 +/- acres. The
project will include "chamfered" corners where it abuts roadway intersections pursuant
to Exhibit "C ". The occupied space of the project will not exceed four stories or fifty six
(56) feet in height unless otherwise permitted by the South Miami comprehensive plan
or its land development regulations. The total of occupied space of the project shall not
exceed four stories. Non - occupied space shall not exceed a maximum height of fifty six
feet. The project shall be built in two phases as follows:
Phase I shall consist of Blocks "A" ands "B" described in Exhibit
«C» —
Phase II shall consist of Blocky "C" described in Exhibit "C ".
The Company may elect to implement the development plan in one
phase
The Company may elect to utilize Block "C" as a temporoary bank
facility with drive - through lanes (not to exceed four lanes) which
facility shall be removed upon the issuance of the Certificate of
Occupancy for the Bank facility on Block "A9'.
The overall development of the property shall be conducted in accordance with the
approved site plan on file at the City, (attached and incorporated as Exhibit "C ")
including elevations, architectural features and estimated commercial square footage
pursuant to Section 20.1-7, of the LDC.
5. Public Facilities Serving the Project
b) Parks and Recreation
Based on the projected residential population on the Property, Company agrees :c pay FP-or
the Gompany
-he sity Over the, 64 :Yem. The GOT-p-my'S
sl s _.- -- lities in the Gity-T-��
onit an the r _ r
to donate $224,000 in one romp sum as its
responsibility for meeting park and recreation concurreney. Payment shall be made on or
before receipt of the first building permit and shall include any interest or carrying cost
incurred by the City until receipt of the payment.
PLANNING BOARD ACTION
The Planning Board at its May 10, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment.
Development Agreement
June 14, 2005
Page 3 of 3
RECOMMENDATION
It is recommended that the attached ordinance amending the Development Agreement be
adopted on second reading.
Attachments:
Draft Ordinance
Excerptfrom Planning Board Meeting 5110105
Public Notices
MD /D0D/SAY,jXW
E: \Comm Items\2005 \6- 7- 05\PB -05 -015 Project Sunset Devel Agree Revision Report.doc
®RAFT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
PB -05 -014 -
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834 WHICH APPROVED
THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS
LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND
OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING
Planning Board Meeting
May 10, 2005 Excerpt
Page 2 of 3
THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE,
Action: Mr. Morton read the item into record. Mr. O'Donniley presented the staff
report. He stated that the Development Agreement for the Red Road Commons
project was approved by the adoption of Ord. No. 12 -05 -1834 by the City
Commission at its April 9, 2005 meeting. He noted that the attached development
agreement contained a sub - section (2d) setting forth in general terms the
applicant's concurrency payment obligation for parks and recreation space.
Following that adoption the Administration has negotiated with the developer a
specific payment amount and a new payment date. The amount is based upon the
per acre cost now negotiated for the purchase of the YMCA property. In addition,
he stated that the amendment to the Development Agreement requires an
amendatory ordinance to be adopted after review and recommendation from the
Planning Board. Mr. O'Donniley pointed out (from staffs report) that the proposed
development agreement amendment reads the following "Based on the projected
residential population on the property, Applicant agrees to donate a total of nine
hundred and sixty thousand dollars ($960,000) on or before July 31, 2005 in one
lump sum as its responsibility from meeting park and recreation concurrency ".
Applicant present: Bill Reilly (representative for Codina Development Corp.)
Mr. Reilly explained to the Board that his client has reviewed the proposed
amendment and his client has no objections to the new wording.
Motion: Ms. Yates moved to recommend approval of the amendment.
Mr. Illas seconded the motion.
Vote: Ayes 5 Nays 0
PB -05 -015
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT
ADOPTED AS PART OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE
FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting
May 10, 2005 Excerpt
Page 3 of 3
Action: Ms. Yates read the item into record. Mr. O'Donniley presented the staff
report. He explained that the Development Agreement for The Development
Agreement for Project Sunset (Bank of South Miami) was approved by the
adoption of Ord. No. 05 -05 -1827 by the City Commission at its March 15, 2005
meeting. The attached development agreement contains a Section 5(b) (Public
Facilities Serving the Project) setting forth in general terms the applicant's
concurrency payment obligation for parks and recreation space. Following that
adoption the Administration has negotiated with the developer a specific payment
amount and a new payment date. The amount is based upon the per acre cost now
negotiated for the purchase of the YMCA property. In addition to the payment
amendment the Administration has also negotiated certain changes to Section 4
(Use of Property) which sets forth the phasing of the proposed project. Mr.
O'Donniley noted that the change in the payment amount in the proposed
development agreement amendment reads as the following: `Based on the
projected residential population on the Property, Company agrees to donate a total
of two hundred and forty thousand dollars ($240,000) on or before July 31, 2005 in
one lump sum as its responsibility for meeting park and recreation concurrency.
Mr. O'Donniley also stated that the amendment to the Development Agreement
requires an amendatory ordinance to be adopted after review and recommendation
from the Planning Board.
Applicant present: Alfonso Perez (representative for South Miami Corp)
Mr. Perez addressed the Board and explained that his client intends to
fully cooperate with the City with regards to the phasing and the cost as
stated in the development agreement.
It was suggested that wording "up to" be placed in front of the payment
amount in each development agreement.
Motion: Mr. Mann moved to recommend approval of the amendment.
Mr. Illas seconded the motion.
Vote: Ayes 5 Nays 0
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305 -445 -7892
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On Tuesday, June 14 2005, beginning at 7:30 p.m., in the City Commission
Chambers, 6130 Sunset Drive, the City Commission will hold isson
Hearings to consider the following Items:
AN ORDINANCE RELATED TO THE PLANNING 80ARD BY AMENDING SECTION 20-
PROVIBOE1�bUR STAGGERSOUTH OIMIAMI NT TERMS FOR PPANNINCODE RD MEMBERS,
All ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR
CONTRACT, WITH VERIZON WIRELESS AS THE POLICE DEPARTMENTS WIRELESS
DATA SERVICE PROVIDER GENERATING ESTIMATED SAVINGS OF $19,521
DURING THE TERM OFTHE CONTRACT.
AN ORDINANCE RELATING TO THE IAND DEVELOPMENT COBE MODIFYING AND
SUSPENDING CERTAIN PflOVISIONS THAT ALLOW FOR THE' REOUCT @N OF
REQUIRED PARKING SPACES, FOR A PERI00 OF NINE MONTHS, THEREBY
ENABLING THE CIN TO EVALUATE RECDMPhENDATIONS pF THE ZONING TASK
FORCE, PARI(ING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE
AMENDMEMSF POOVIPINB THATNGRUINANCESNGRT SECTIONSETHEREGFAIN
CONFLICT SHACL NOT BE 1N FORCEANO EFFECT DURING THIS TIME PERIOD.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN ACCEPT IF AWARDED,
MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, JUSTICE` ASSISTANCE
GRANT pAG)) FY 2005/07, IN THE AMOUNT OF g12,029AD FOR THE PURPOSE OF
ENHANCING %EF CRIME SUPPRESSION TEAM FOR THE POLICE DEPARTMENT.
APPROVING THE ACATION AND ABANDONMENT OP AN UNIMPROVED RIGHT -OF
WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET' AND SW 80
STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW;
SUBJECT TO PROPERTY OWNERS PROVIDING AND THE RECORDING OF ALL
LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT.
A RESOLUTION APPROVING THE VACATION AND ABANDONMENT OF AN
UNIMPROVED RIGHT -OF -WAY PORTION OF SW 50 STREET LOCATED BETWEEN SW
63RD AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI; SAID
VACATION SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENT TO
BE MAINTAINED BY PROPERTY OWNERS; SUBJECT TO PROPERTY OWNERS
PROVIDING LEGAL DESCRIPTION AND THE RECORDING OF ALL LEGAL DOCUMENTS
NECESSARY FOR THE ABANDONMENT. -
A RESOLUTION'RE TA T ING TO A BERBEST FOR A VARIANCE FROM SECTION 20 -3.SG
BE 9 9777 SQBNRE FEET ANb Lo TFRONTAGEHD BE 95 FEE74UNERE AI MINIM ISIM LOE
SIZE OF 10 000 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT
FRONTAGE lS REQUIRED' ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF
Sor 71 STREET AND SW 61 AVENUE, SOUTH MIAMI FLORIDA, WDHIN THE °MD°
MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT; TAE PURPOSE OF THE VARIANCE
IS TO PERMITTHE CUHSTRUCTION OFA FOUR STORY MIXED USE BUILDING.
Ingukles conceming this Iem should be directed 10 the Planning O-And ncet At 305663 -6326
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
City Clerk
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RECORDED 02/0712008 10B53aO6
HARVEY RUVII {r CLERK OF COURT
MIAMI -DADE COUNTY? FLORIDA
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND SOUTH MIAMI CORPORATION
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made as of
Ma-r � 2ti June 14, 2005 by and between THE CITY OF
SOUTH MIAMI, FLORIDA a municipal corporation ( "City ") and
SOUTH MIAMI CORPORATION ( "Company ") or its assignee.
RECITALS
WHEREAS, the Florida Local Government Development
Agreement Act, set forth in sections 163.3220 - 163.3243,
Florida Statutes, set forth in Exhibit "A" (the "Act ")
provides for the execution of development agreements for a
term not to exceed ten (10) years to insure that the law in
effect at the time of the execution of the development
agreement shall govern the development of the land for the
duration of the agreement; and
WHEREAS, the city commission of the City of South
Miami has adopted Ordinance No. 05 -05 -1827 which implements
the Act and permits the consideration and the adoption of
this agreement; and
WHEREAS, the Company owns approximately 4.5 +/- acres,
zoned HD -OV, described in Exhibit "B," (the "Property ");
and
WHEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C," (the "Project ") in the
Hometown District Overlay Zone within the City of South
Miami.
Page 1 of 17
1 ,1 4
n
NOW, THEREFORE, in consideration of the above recitals
and the following covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the city and Company covenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A ". This property is deemed to be one
unified parcel and is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City Land Development Code (the "LDC ") attached
hereto as Exhibit "D ".
3. Effective Date; Duration of Agreement. This
agreement shall become effective after it has been recorded
in the public records of Miami -Dade County and thirty (30)
days after it is received by the Florida Department of
Community Affairs (the "Effective Date "). This agreement
shall terminate ten years from the effective date of this
agreement, unless otherwise extended or terminated as
provided for herein or in the act. The maximum period of
this agreement shall be ten (10) years from the effective
date unless extended by mutual consent of all legal and
equitable owners of the Property and the city upon approval
at a public hearing, as provided in the act.
4. Use of Property. The property described in Exhibit
"A" is to be utilized for the project described in Exhibit
"C ": a mixed use residential, office and retail project
with a residential use not to exceed 108 dwelling units on
Page 2 of 17 WI'*
approximately 4.5 +/- acres. The project will include
"chamfered" corners where it abuts roadway intersections
pursuant to Exhibit "C ". The occupied space of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall not exceed
four stories. Non - occupied space shall not exceed a maximum
height of fifty six feet. The project shall be built in two
phases as follows:
• Phase I shall consist of Blocks "A" ands "B"
described in Exhibit "C"
o Phase II shall consist of Blocky "C" described
in Exhibit "C "..
• The
•
The overall development of the property shall be
conducted in accordance with the approved site plan on file
at the City, (attached and incorporated as Exhibit "B ")
including elevations, architectural features and estimated
commercial square footage pursuant to Section 20.3 -7, of
the LDC.
5. Public Facilities Serving the Project. In order to
enhance public facilities in the City of South Miami, the
Page 3 of 17`��,���
M
Company agrees to provide the services listed below in
compliance with Section 20 -4.1 of the LDC, including:
(a) Roadways
An operational traffic study was conducted by
the city and the Company agrees to the
recommendations of city staff as set forth in
their staff report which recommendations are
incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential population
on the Property, Company agrees to y far a
d) Solid Waste
Solid Waste services that comply with all
requirements of Miami -Dade County for any
building prior to issuance of a final
Certificate of Use and Occupancy.
e) Schools
The Company commits to pay upon the issuance
of the initial certificate of occupancy any
required Miami -Dade County School Board school
impact fees.
6. Concurrency. The City of South Miami has determined
that the Company's performance under the Development
Agreement satisfies the concurrency requirements, as
delineated in Section 20 -4.1, City Code. By execution of
this Agreement, the City acknowledges that the application
for site plan approval meets all concurrency regulations
enumerated in Section 20 -4.1 of the City Code, and that the
site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development
Regulations.
7. Permits. The permits preliminarily identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit four drive -
through teller lanes within the site.
(b) Special Exception to provide 72.2% +/- lot
coverage.
(c) Special Use permit to permit up to four
restaurants with a maximum total of 13,820+/ -
square feet with parking to be supplied from any
Page 5 of 17 !�V�y������
excess parking within the site. Retail and
restaurant parking shall be marked and signed.
B. Development Conditions. The following conditions
shall apply to the development of the project:
(a) The Company shall meet all applicable
building codes, land development regulations,
ordinances and other laws.
(b) The Company shall adhere to the requirements
of all permits for the project.
(c) The Company shall develop the project in
conformance with the parameters set forth in this
agreement.
(d) All development shall be in accord with the
site plan submitted with the special exception
and special use applications, said site plan
incorporated in Exhibit "C ".
(e) The Company shall provide the Department of
Planning with a temporary parking plan, including
an operational plan, which addresses construction
employee parking during the construction period,
said plan shall include an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during
construction activity.
f) All conditions imposed by the City Commission
shall be incorporated in this Development
Agreement.
g) Company shall reimburse the City its lost
parking revenue from any metered parking spaces
Page 6 of 17
kIL1 �°1
adjacent to the Property which it occupies or
uses during the construction period.
h) The Company shall donate to a city trust fund
$40,000.00 to be used by the city for traffic
calming or other traffic mitigation programs
within the City of South Miami. This money shall
be donated to the City , prior to the issuance of
its first building permit.
9. Consistency with City of South Miami Comprehensive
Plan and Land Development Regulations. The city has adopted
a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes. The
city finds that the project is consistent with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use residential, office
and retail development, as set forth herein, is consistent
with the "Mixed -Use Commercial /Residential (Four Story)"
designation on the future land use map, and the HD -OV
zoning district on the Official Zoning Atlas of the City of
South Miami. Goal 2 of the Future Land Use Element
identifies the defines the home town district which
consists of the "Hometown District Overlay Zone," as
defined in Article VII, sections 20 -7.1 through 20- -7.52 of
the city's land development regulations.
10. Vesting. As long as the development on the
Property is in compliance with this Development Agreement,
and all applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Development
Agreement as well as other requirements imposed by the City
Commission upon the ratification of the site plan approval
Page 7 of 17
on the Property, the Property shall not be the subject of a
down zoning application by the City and shall not be
subject to any development moratorium, referenda action,
ordinances, policies, or procedures enacted by the City
that limits the development contemplated by this Agreement
and depicted in the site plan. Any failure by this
Agreement to address a particular permit, condition, term
or restriction shall not relieve the Company of the
necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
11. Permits, Conditions, Terms and Restrictions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with the law governing said permitting
requirements, conditions, terms, or restrictions.
12. Duration of Permits. The Company acknowledges that
this agreement does not extend the duration of any permits
or approvals.
13. Law Governing Development of the Property. The
ordinances, policies and procedures of the City of South
Miami concerning development of the property that are in
existence as of the execution of this agreement shall
govern the development of the property for the duration of
the term of this agreement No subsequently adopted
ordinances, policies, or procedures shall apply to the
property except in accordance with the provisions of
section 163.3233(2), Florida Statutes, and Ordinance No.
05 -05 -1627, as attached.
Page 8 of 17 ft-liII
q
14. Termination. This agreement may be terminated by
mutual written consent of the city and Company, subject to
the terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this Development
Agreement. A "material breach" of this Agreement shall
include, but not be limited to, a failure of either party
to perform any material duty or obligation on its part for
any thirty (30) consecutive day period. Neither party may
terminate this Agreement on grounds of material breach of
this Agreement unless it has provided written notice to
the other party of its intention to declare a breach and to
terminate this Agreement (the "Notice to Terminate ") and
the breaching party thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with the
exception of monetary breaches which shall be cured within
thirty (30) after receipt of notice.
15. Assignment. This Development Agreement may not be
assigned by the Company except to an affiliated entity,
without the prior written consent of the City. Subject to
the preceding sentence this Development Agreement shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Miami Corporation or a majority of its
shareholders, directly or indirectly owns at least 510 of
the beneficial interest.
16. Work Force. The Company agrees to use its best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
Page 9 of 17 N IO
maximize job opportunities for applicants from South Miami,
the Company shall send notice to the Community
Redevelopment Agency Director of the City of South Miami,
or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint Preparation. This agreement has been drafted
with the participation of the city and Company and their
counsel, and shall not be construed against any party on
account of draftsmanship.
18. Binding Effect. The burdens of this agreement
shall be binding upon, and the benefits of this agreement
shall inure to, all successors in interest to the parties
of this agreement.
19. Captions and Headings. Paragraph headings are for
convenience only and shall not be used to construe or
interpret this agreement.
20. Applicable Laws, Jurisdiction, and Venue. This
agreement shall be governed by and interpreted, construed,
and enforced in accordance with the internal laws of
Florida without regard to principles of conflicts of law.
This agreement may be enforced as provided in Section
163.3243, Florida Statutes. Venue for any litigation
pertaining to the subject matter hereof shall be
exclusively in Miami -Dade County Florida.
Page 10 of 17
21. Enforcement. In any litigation arising out of this
agreement, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney's fees
payable under this paragraph shall not exceed 25% of the
amount of damages awarded to the prevailing party and no
party shall be entitled to pre - judgment interest. In any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. Inspection. Nothing in this Agreement shall be
construed to waive or limit the City's governmental
authority as a municipal corporation and political
subdivision of the State of Florida. The Company therefore
understands and agrees that any official inspector of the
City of South Miami, or its agents duly authorized, have
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
with applicable laws including but not limited to building
and zoning regulations and the conditions herein.
23. Authorization to Withhold Permits and Inspections.
In the event the Company is obligated to make payments or
improvements under the terms of this Development Agreement
and such payments are not made as required, or such
improvements are not made as required, in addition to any
other remedies available, the City of South Miami is hereby
authorized to withhold any further permits on the portion
of the Property failing to comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
Page 11 of 17
until such time this Development Agreement is complied
with.
24. Representations of the Company. The Company
represents to the City as follows:
(a) The execution, delivery and performance of
this Agreement and all other instruments and
agreements executed in connection with this
Agreement have been properly authorized by the
Company and do not require further approval by
Company.
(b) This Agreement has been properly executed,
and constitutes Company's legal, valid and
binding obligations, enforceable against Company
in accordance with its terms.
(c) There are no actions, suits or proceedings
pending or threatened against or affecting
Company before any court or governmental agency
that would in any material way affect Company's
ability to perform this Agreement.
(d) Company shall not act in any way whatsoever,
directly or indirectly, to cause this Agreement
to be amended, modified, canceled, or terminated,
except pursuant to its express terms, and shall
take all actions necessary to ensure that this
Agreement shall remain in full force and effect
at all times.
(e) Company has the financial capacity to pay or
advance to the City all fees and payments as
required under this Agreement.
Page 12 of 17 ( Nh 11I'l
25. Severability. In the event that any of the
covenants, agreements, terms, or provisions contained in
this agreement shall be invalid, illegal, or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the
City to insist upon the strict performance of any covenant,
agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the breach
thereof, shall constitute a waiver of any such breach or
any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or condition of
this Agreement and no breach thereof shall be waived,
altered or modified except by written instrument. No waiver
of any breach shall affect or alter this Agreement, but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
respect to any other then existing or subsequent breach
thereof.
27. Annual Report and Review. It shall be the
responsibility of the Company to submit an annual report to
the City sufficient to fulfill the requirements as stated
in the provisions of Section 163.3235, Florida Statutes,
and Ordinance No. 05 -05 -2005. This agreement shall be
reviewed annually on the anniversary of the effective date
of this agreement. The Company, or its assign, shall submit
an annual report at least 30 days prior to the annual
review date. This report shall contain a section -by- section
listing of what obligations have been met and the date
Page 13 of 17 p� ��
finalized, as good faith compliance with the terms of the
agreement. The city commission shall review the annual
report at a public meeting. If the City Commission finds,
on the basis of substantial competent evidence, that there
has been a failure to comply with the terms of the
Development Agreement, the Agreement may be revoked or
modified by the City. The obligation to submit an annual
report shall conclude upon the date on which the agreement
is terminated.
28. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City: City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Copy to: Planning Director
Planning and Community
Development Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
For the Company: South Miami Corporation
Attn: Donald F. Hunter,
Vice President
And Wade R. Wacholz, counsel
5750 Sunset Drive
South Miami, Florida 33143
Copy to: Wade R. Wacholz, Esq.
Gislason & Hunter, LLP.
P.O. Box 5297
Hopkins, Minnesota 55243 -2297
W. Tucker Gibbs, Esq.
215 Grand Avenue
Coconut Grove, Florida 33133
Page 14 of 17�
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each party affirmatively
represents that no promises have been made to that party
that are not contained in this Agreement, and the Exhibits,
and stipulates that no evidence of any' promises not
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on its behalf. This Agreement shall
not be supplemented, amended or modified by any course of
dealing, course of performance or uses of trade and may
only be amended or modified by a written instrument duly
executed by officers of both parties.
32. Third Party Beneficiary. This Agreement is
exclusively for the benefit of the parties hereto and their
Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise
to liability to any third party other than the authorized
successors and assigns of the parties hereto.
33. Periods of Time. Whenever any determination is to
be made or action is to be taken on a date specified in
Page 15 of 17
this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall
be extended to the next day which is not a Saturday, Sunday
or legal holiday.
34. Counterparts. This Agreement may be executed
(including by facsimile) in one or more counterparts, and
by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an
original but all of which taken together shall constitute
one and the same agreement.
35. Recordation. Within 20 days after the Development
Agreement has been signed by both the Company and the City,
the Applicant shall cause a copy of the Development
Agreement to be recorded at the Applicant's expense in the
registry of deeds in Miami -Dade County.
36. Abandonment of Right -of -Way. The City agrees to
abandon the right -of -way adjacent to the property to the
buildable line. The Company shall contemporaneously grant
to the City an easement from the right -of -way adjacent to
the property to the buildable line for all future needs of
the City. To ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (10 -feet
minimum).
-i?,Jt0Ia7
Page 16 of 17
PASSED AND DULY ADOPTED by the cit commission of the
City of South Miami, Florida, this - day o 200
ATTEST:
ITY CLERK
READ AND APPROVED AS TO FORM:
APPROVED:
7ATTgRREY
d61✓e� i11j2
�Gc !°%��
AGREED TO this day of � J ne, 200.
q
Witnes��es: SOUTH MIAMI CORPORATION
�\�A
e Presideennt�y l ,/
Print Name
Print Name `1- -q NTNLA L
STATE OF £�9T
COUNTY OF - 1+EAM-I --9ADE (JOK )
The foregoing instrument was acknowledged before
aG day of PC's- °L,nz ?- , 200XI'by b✓ RoCKWca WwTZ
persona` lly known to me or who produced
as identification,
of the corporation
My commission expires:
Page 17 of 17
OFFICIAL SEAL
ry Public, State of Illinois
Commission Expires
Auauct 4, 201 9
me this
who is
on behalf
�,Okjn III
EXHIBITS
Exhibit "A° Florida Local Government
Development Agreement Act
Exhibit "B" Legal Description
Exhibit "C" Site Plan Concept
Exhibit "D" Unity of Title
1HIF
Florida Local Government Development Agreement Act
163.3220 Short title; legislative intent.--
(1) Sections 163.3220 - 1633243 may be cited as the "Florida Local Government
Development Agreement Act."
(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of development can result in a waste of
economic and land resources. discourage sound capital improvement planning and
financing. escalate the cost of housing and development, and discourage commitment to
comprehensive planning.
(b) Assurance to a developer that upon receipt of his or her development permit or
brownfield designation he or she may proceed in accordance with existing laws and
policies. subject to the conditions of a development agreement. strengthens the public
planning process. encourages sound capital improvement planning and financing. assists
in assuring there are adequate capital facilities for the development. encourages private
participation in comprehensive planning, and reduces the economic costs of development.
(3) In conformity with. in furtherance of. and to implement the Local Government
Comprehensive Planning and Land Development Regulation Act and the Florida State
Comprehensive Planning Act of 1972. it is the intent of the Legislature to encourage a
stronger commitment to comprehensive and capital facilities planning. ensure the
provision of adequate public facilities for development. encourage the efficient use of
resources. and reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to enter into development
agreements with developers. subject to the procedures and requirements of ss. 163.3220-
163.3243.
(5) Sections 163.3220 - 163.3243 shall be regarded as supplemental and additional to the
powers conferred upon local governments by other laws and shall not be regarded as in
derogation of any powers now existing.
History.--s. 19. ch. 86 -191: s. 902. ch. 95 -147: s. 8. ch. 99 -378.
163.3221 Florida Local Government Development Agreement Act; definitions.--As
used in ss. 163.3220 - 163.3243:
(1) "Brownfield designation" means a resolution adopted by a local government pursuant
to the Brownfields Redevelopment Act, ss. 376.77- 376.85.
(2) "Comprehensive plan" means a plan adopted pursuant to the "Local Government
Comprehensive Planning and Land Development Regulation Act."
(3) "Developer" means any person. including a governmental agency. undertaking any
development.
(4) "Development' means the carrying out of any building activity or mining operation.
the making of any material change in the use or appearance of any structure or land. or
the dividing of land into three or more parcels.
(a) The following activities or uses shall be taken for the purposes of this act to involve
"development":
1. A reconstruction. alteration of the size, or material change in the external appearance
of a structure on land.
2. A change in the intensity of use of land, such as an increase in the number of dwelling
units in a structure or on land or a material increase in the number of businesses.
manufacturing establishments. offices. or dwelling units in a structure or on land.
3. Alteration of a shore or bank of a seacoast, river. stream, lake, pond, or canal.
including any "coastal construction' as defined in s. 161.021.
4. Commencement of drilling, except to obtain soil samples. mining. or excavation on a
parcel of land.
5. Demolition of a structure.
6. Clearing of land as an adjunct of construction.
7. Deposit of refuse. solid or liquid waste. or fill on a parcel of land.
(b) The following operations or uses shall not be taken for the purpose of this act to
involve "development':
1. Work by a highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within the
boundaries of the right -of -way.
2. Work by any utility and other persons engaged in the distribution or transmission of
gas or water. for the purpose of inspecting, repairing, renewing, or constructing on
established rights -of -way any sewers, mains, pipes, cables. utility tunnels. power lines.
towers, poles. tracks. or the like..
2
3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the
work affects only the interior or the color of the structure or the decoration of the exterior
of the structure.
4. The use of any structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling.
5. The use of any land for the purpose of growing plants. crops, trees. and other
agricultural or forestry products: raising livestock: or for other agricultural purposes.
6. A change in use of land or structure from a use within a class specified in an ordinance
or rule to another use in the same class.
7. A change in the ownership or form of ownership of any parcel or structure.
8. The creation or termination of rights of access. riparian rights, easements. covenants
concerning development of land, or other rights in land.
(c) "Development." as designated in an ordinance, rule, or development permit includes
all other development customarily associated with it unless otherwise specified. When
appropriate to the context. "development" refers to the act of developing or to the result
of development. Reference to any specific operation is not intended to mean that the
operation or activity, when part of other operations or activities. is not development.
Reference to particular operations is not intended to limit the generality of this
subsection.
(5) "Development permit" includes any building permit, zoning permit. subdivision
approval. rezoning. certification, special exception, variance. or any other official action
of local government having the effect of permitting the development of land.
(6) "Governing body" means the board of county commissioners of a county. the
commission or council of an incorporated municipality, or any other chief governing
body of a unit of local government, however designated.
(7) "Land" means the earth, water. and air, above. below. or on the surface, and includes
any improvements or structures customarily regarded as land.
(8) "Land development regulations" means ordinances enacted by governing bodies for
the regulation of any aspect of development and includes any local government zoning.
rezoning, subdivision. building construction, or sign regulations or any other regulations
controlling the development of land.
(9) "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations. and rules adopted by a local government affecting the
development of land.
00) "Local government" means any county or municipality or any special district or
local governmental entity established pursuant to law which exercises regulatory
authority over, and grants development permits for, land development.
01) "Local planning agency" means the agency designated to prepare a comprehensive
plan or plan amendment pursuant to the "Florida Local Government Comprehensive
Planning and Land Development Regulation Act."
02) "Person" means any individual. corporation, business or land trust. estate, trust.
partnership, association, two or more persons having a joint or common interest, state
agency, or any legal entity.
(1 "Public facilities" means major capital improvements, including, but not limited to.
transportation. sanitary sewer, solid waste, drainage. potable water. educational. parks
and recreational. and health systems and facilities.
(14) "State land planning agency" means the Department of Community Affairs.
History: -s. 20, ch. 86 -191: s. 4. ch. 92 -129: s. 9, ch. 99 -378.
163.3223 Applicability.--Any local government may, by ordinance, establish procedures
and requirements. as provided in ss. 163.3220 - 163.3243, to consider and enter into a
development agreement with any person having a legal or equitable interest in real
property located within its jurisdiction.
History. —s. 21. ch. 86 -191.
163.3225 Public hearings.--
(1) Before entering into. amending, or revoking a development agreement, a local
government shall conduct at least two public hearings. At the option of the governing
body, one of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised
approximately 7 days before each public hearing in a newspaper of general circulation
and readership in the county where the local government is located. Notice of intent to
consider a development agreement shall also be mailed to all affected property owners
before the first public hearing. The day, time, and place at which the second public
hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development
agreement. the development uses proposed on the property, the proposed population
densities, and the proposed building intensities and height and shall specify a place where
a copy of the proposed agreement can be obtained.
History. —s. 22. ch. 86 -191.
rd
163.3227 Requirements of a development agreement.--
(1) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement. and the names of its legal
and equitable owners:
(b) The duration of the agreement:
(c) The development uses permitted on the land. including population densities. and
building intensities and height:
(d) A description of public facilities that will service the development. including who
shall provide such facilities: the date any new facilities. if needed. will be constructed:
and a schedule to assure public facilities are available concurrent with the impacts of the
development:
(e) A description of any reservation or dedication of land for public purposes:
(f) A description of all local development permits approved or needed to be approved for
the development of the land:
(g) A finding that the development permitted orproposed`is consistent with the local
government's comprehensive plan and land development regulations;
(h) A description of any conditions. terms. restrictions. or other requirements determined
to be necessary by the local government for the public health. safety. or welfare of its
citizens: and
(i) A statement indicating that the failure of the 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. term. or
restriction.
(2) A development agreement may provide that the entire development or any phase
thereof be commenced or completed within a specific period of time.
History: -s. 23. ch. 86 -191: s. 31. ch. 9145.
163.3229 Duration of a development agreement and relationship to local
comprehensive plan.--The duration of a development agreement shall not exceed 10
years. It may be extended by mutual consent of the governing body and the developer.
subject to a public hearing in accordance with s. 163.3225. No development agreement
shall be effective or be implemented by a local government unless the local government's
comprehensive plan and plan amendments implementing or related to the agreement are
found in compliance by the state land planning agency in accordance with s. 163.3184, s.
1633 187, or s. 163.3189.
History. —s. 24. ch. 86 -191: s. 32, ch. 9145: s. 11, ch. 92 -129.
163.3231 Consistency with the comprehensive plan and land development
regulations.--A development agreement and authorized development shall be consistent
with the local government's comprehensive plan and land development regulations.
History: -s. 25. ch. 86 -191.
163.3233 Local taws and policies governing a development agreement.--
(1) The local government's laws and policies governing the development of the land at
the time of the execution of the development agreement shall govern the development of
the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a
development that is subject to a development agreement only if the local government has
held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development
agreement and do not prevent development of the land uses. intensities. or densities in the
development agreement:
(b) They are essential to the public health. safety. or welfare. and expressly state that
they shall apply to a development that is subject to a development agreement:
(c) They are specifically anticipated and provided for in the development agreement:
(d) The local government demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of the development agreement: or
(e) The development agreement is based on substantially inaccurate information supplied
by the developer.
(3) This section does not abrogate any rights that may vest pursuant to common law.
History. —s. 26. ch. 86 -191.
163.3235 Periodic review of a development agreement.--A local government shall
review land subject to a development agreement at least once every 12 months to
determine if there has been demonstrated good faith compliance with the terms of the
development agreement. For each annual review conducted during years 6 through 10 of
a development agreement, the review shall be incorporated into a written report which
shall be submitted to the parties to the agreement and the state land planning agency. The
state land planning agency shall adopt rules regarding the contents of the report. provided
ii
that the report shall be limited to the information sufficient to determine the extent to
which the parties are proceeding in good faith to comply with the terms of the
development agreement. If the local government finds, on the basis of substantial
competent evidence. that there has been a failure to comply with the terms of the
development agreement, the agreement may be revoked or modified by the local
government.
History. —s. 27. ch. 86 -191: s. 12. ch. 92 -139.
163.3237 Amendment or cancellation of a development agreement.--A development
agreement may be amended or canceled by mutual consent of the parties to the agreement
or by their successors in interest.
History. —s. 28, ch. 86 -191.
163.3239 Recording and effectiveness of a development agreement.--Within 14 days
after a local government enters into a development agreement. the local government shall
record the agreement with the clerk of the circuit court in the county where the local
government is located. A copy of the recorded development agreement shall be submitted
to the state land planning agency within 14 days after the agreement is recorded. A
development agreement shall not be effective until it is properly recorded in the public
records of the county and until 30 days after having been received by the state land
planning agency pursuant to this section. The burdens of the development agreement
shall be binding upon, and the benefits of the agreement shall inure to, all successors in
interest to the parties to the agreement.
History.- s. 29. ch. 86 -191: s. 13, ch. 92 -129
163.3241 Modification or revocation of a development agreement to- comply with
subsequently enacted state and federal law.--If state or federal laws are enacted after
the execution of a development agreement which are applicable to and preclude the
parties' compliance with the terms of a development agreement. such agreement shall be
modified or revoked as is necessary to comply with the relevant state or federal laws.
History: -s. 30. ch. 86 -191.
163.3243 Enforcement--Any party. any aggrieved or adversely affected person as
defined in s. 1633215(2), or the state land planning agency may file an action for
injunctive relief in the circuit court where the local government is located to enforce the
terms of a development agreement or to challenge compliance of the agreement with the
provisions of ss. 163.3220 - 163.3243.
History: -s. 31. ch. 86 -191.
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Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami -Dade County,
Florida.
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Unity of Title
The undersigned is the owner of that property (the
"Property ") described as:
Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami -Dade County,
Florida; and
The undersigned recognizes and acknowledges that for the
public health, welfare, safety or morals, and subject to the
conditions set forth herein, the Property should not be
divided into separate parcels owned by several owners so
long as the same is put to the hereinafter use; and
Pursuant to sections 20.7.30 and 20 -5.14, of the City Land
Development Code (the "LDC ") a unity of title is required
if the permitted density of a development project is based
upon the averaging of two (2) or more 'platted lots either
abutting or located on the opposite sides of -a public
right -of -way or alley. In consideration of the mutual
agreements and covenants contained in the attached
Development Agreement between the City of South Miami and
the South Miami Corporation (the "Development Agreement ");
and
For other good and valuable consideration, the undersigned
hereby agrees to restrict the use of the Property in the
following manner:
1. That said Property shall be considered as one plot
and parcel of land and that no portion of said plot
and parcel of land shall be sold, transferred,
divided or assigned separately, except in its
entirety as one plot or parcel of land. However this
shall not prohibit the sale of portions of the
Property as condominium units or the sale of portions
consistent with the Development Agreement and
approved site plan.
2. That this condition(s),
limitation (s) shall be
with the land,, shall be
restriction (s)and
deemed a covenant running
recorded in the public
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records of Miami Dade County, and shall remain in
full force and effect and be binding upon the
undersigned, their heirs and assigned until such time
as the same may be released in writing by the
Director of Planning; provided, however, that this
Unity of Title may be released by the Director of
Planning after approval of a site plan which meets
all applicable City regulations.
Signed, sealed, executed and acknowledged on this _ day of
February 2005, at Miami, Florida
Witnesses:
Print Name
Print Name
WITNESSES
Page 2 of 2
SOUTH MIAMI CORPORATION
Vice President