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Res No 117-14-14211RESOLUTION NO.117-14-14211 A Resolution of the City of South Miami,Florida relating to the review and acceptance of the Annual Report of the South Miami Corporation (First National Bank of South Miami)on their proposed "Project Sunset"located at 5750 Sunset Drive. WHEREAS,inMarch,2005theCity Commission approved a mixed use project entitled "Project Sunset"locatedat5750SunsetDrive,which project isa unified development covering 1-1/2 blocks (4.5 acres)inthe Hometown District and includes 108 residential units and 87,212 square feet of commercial space.;and WHEREAS,a Development Agreement was executed between theCity of South Miami andtheSouthMiamiCorporationbytheadoption of OrdinanceNo.05-05-1827 inMarch2005 foramaximum development periodof10yearsfromtheeffectivedate.Theagreementwas amended in2013,principally to change the effective date.The amended agreement wassigned onFebruary 13,2013 andrecordedonFebruary27,2013.ItsamendedeffectivedateisJune 14, 2005andthereforetheagreementwillexpireonJune14,2015;and WHEREAS,theDevelopmentAgreement includes therequirement(Section 27,p.13)that thedevelopersubmitanannualreport30daysbeforetheanniversaryoftheeffectivedatewhich report isa status report showing that obligations have been met and that there has been compliance withtheprovisions of theAgreement.;and WHEREAS,on December 4,2012 following apublic hearing,theCity Commission approvedanamendeddevelopmentagreement;and WHEREAS,onFebruary27,2013,therevised development agreementwasrecordedandis attached as Exhibit "B"(2);and WHEREAS,the annual report submitted tothe Planning &Zoning Department on May 13, 2014 in accordance with the Development Agreement,must be reviewed bythe City Commission at a public meeting and the City Commission may accept the report orif there isa finding by the Commission that there has been a failure to comply with the terms of the Development Agreement, the Agreement maybe revoked or modified bythe City. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The 2013 Annual Report of the South Miami Corporation (First National Bank of South Miami)on their proposed "Project Sunset"located at 5750 Sunset Drive as required by Section 27ofthe Development Agreement is hereby approved. Section 2.This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 3^,day of June,2014. Pg.2 of Res.No.117-14-14211 ATTEST: READ LANG ROVED AS TO FORM, GALITY, EREOF/ APPROVED: itfUU COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea Commissioner Edmond:YEa Soi ithi'Mtami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI CE OF THE CITY MANA< INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Thru:Christopher Brimo AICP,Planning Director Date:June 3,2014 Agenda ItemNo. Subject: AResolutionoftheCityofSouth Miami,Floridarelatingtothereviewand acceptance oftheAnnualReportof the SouthMiami Corporation (FirstNationalBankofSouth Miami)on their proposed "Project Sunset"located at 5750 Sunset Drive. Background: In March,2005theCityCommissionapprovedamixeduseprojectentitled"Project Sunset"locatedat 5750 Sunset Drive.Theprojectisa unified development covering 2- 1/2 blocks (4.5 acres)in the Hometown District.It includes 108 residential units and 87,212 squarefeetofcommercialspace.Theapprovalincludedthe approval (by resolution)oftwo special exceptionsto allow lot coverage and building square footage toexceedthemaximumspermittedandtoallowfourdrive-thoughtellerlaneswhere only twoarepermitted.Aseconditemapprovedwasanordinancetoacceptasite plan fortheprojectanda Development Agreementpursuantto Florida Statutes 163.3220- 163.3243. Theprojectisnotunder construction.In 2008 thedeveloperdid initiate a process to change theprojectsite plan,the special exceptions granted,andthe Development Agreement itself.However,thedeveloperdid notify the City thattheproposed changes have been put on hold. The Development Agreement,although adoptedbythe City in March 2005 wasnot signed (executed)bybothparties until December 26,2007.The maximum periodofthe Development Agreement is10 years from the effective date.This agreement was further updated on December 4,2012 following a public hearing.The City Commission approvedanamendeddevelopmentagreement,andon February 27,2013,this revised development agreement was recorded and is listed as Exhibit "B"(2)ofthe backup material. SouthMiamiCorporationAnnualReport-5750SunsetDrive May28,2014 Page2 of 2 The 2013 Annual report was submitted tothe City on May 13,2014 by Mr.Jerry Proctor, Esq.,representingthedeveloper,South Miami Corporation.Thereportconcludesthat all ofthe obligations set forth intheDevelopmentAgreementaremetandthatdueto economic and market considerationstheprojecthasnot commenced.The executed Development Agreement and amendments are attached. The annual reportmustbereviewedbythe City Commission ata public meeting.The CityCommissionmayacceptthereportorifthereisafindingby the Commissionthat there has beena failure tocomplywiththetermsoftheDevelopment Agreement,the Agreement maybe revoked or modified by the City. Recommendation: ThesubmittedreportisincompliancewiththetermsoftheAgreementanditis recommended that the reportbe accepted by adoption of the attachedresolution. Attachments: LetterfromMr.JerryProctor,Esq. Development Agreement and Amended Agreement Resolution 9 Bilzin Sumberg ATTORNEYS AT L A W Via Hand Delivery Mr.Christopher Brimo,AICP Planning Director Cityof South Miami 6130 Sunset Drive South Miami,Florida 33143 Re; May9,2014 Jerry B.Proctor,Esq. Tel 305.350.2361 Fax 305.351.2250 jproctor@bilzin.com MM 13 2014 Planning and Zoning Dapaitnier/t South Miami Corporation Property:5750 Sunset Drive and 1-1/2 blocks to the south and southwest,City of South Miami Tax Folio Numbers:09-4036-022-0060,09-4036-022-0070,09- 4036-022-0400,09-4036-022-0410,09-4036-022-0450,09-4036- 022-0420,09-4036-022-0430,09-4036-022-0320,09-4036-022- 0310,09-4036-022-0300,09-4036-022-0330,and 09-4036-022- 0290 Annual Report of Development Agreement Dear Mr.Brimo: Thislaw firm represents theowner,South Miami Corporation ("Owner"),oftheproperty located at 5750 Sunset Driveand the 1-1/2blockstothe south and southwest,South Miami, Florida("Property").ThePropertyincludesthetwelve (12)folio numbers referenced above,and includes the headquarters of the First National Bank of South Miami. TheOwnerandthe City ofSouth Miami ("City")entered intoaDevelopmentAgreement ("Agreement")relatedtothedevelopmentoftheProperty.TheDevelopmentAgreement,a copyofwhichis attached as Exhibit "A",wasapprovedbytheCityCommissionandwas recorded in the Public Recordson February 7,2008.OnDecember4,2012,by public hearing approval ofthe City Commission,an Amended Development Agreement(the "Updated DevelopmentAgreement")wasapproved.TherevisedDevelopmentAgreementwasrecorded on February 27,2013 and is attached as Exhibit"B".In accordance with Section 27of the Updated Development Agreement,the Owner is required tosubmitan Annual Report tothe City.Please accept this correspondence astheAnnualReport. 1.UseofProperty.The Owner received approval bythe City Commission in 2005(the "2005 Application")for a mixed use development consisting of retail and office space and residential unitsata maximum building heightof56feet.Thetermsfor approval are described intheUpdatedDevelopmentAgreement,andremainin full forceandeffect. DevelopmentofthePropertyundertheapprovedplanshasnotcommencedsincethe recordation of the Agreement,due to economic and market considerations.In the BILZIN SUMBERG BAENA PRICE &AXELROD LLP 1450 Brickell Avenue,23rd Floor,Miami,FL33131-3456iel 305.374.7580 Fax 305.374.7593 MIAMI 4163124.1 76813/29325 Viwvw.bilzin.com Page 2 May9,2014 interim,thePropertyisusedasaBankandfor off-street parking,which provides a public benefit. 2.Commitments:TheOwnerintendstocomply with all permitting and infrastructure requirements enumerated intheUpdatedDevelopmentAgreement. 3.Compliance:The2005 Application meets all concurrency requirements,pursuant to Section6oftheUpdated Development Agreement,andisconsistent with the City of South Miami Comprehensive Plan,pursuanttoSection9oftheUpdatedDevelopment Agreement.The Owner continues tokeeptax payments current;the cumulative2013 tax payments to Miami-Dade County were $366,581.21. 4.Assignment:The Owner has not assigned the Development Agreement to another entity and isin compliance with Section 15 ofthe Updated Development Agreement. 5.Owner's Representations,TheOwneraffirmsthe representations made tothe City in Section 24of the Updated Development Agreement. In summary and as documented above,the Owner has metorcommitstosatisfyingall of the obligations set forthin the Updated Development Agreement. Thank youfor your attention tothis matter and please donot hesitate to contact me if you have any questions or require any additional information. Sincerely, ^x^Jerry BrProctor JBP:id cc:Thomas Pepe,Esq.,City Attorney Bruce MacArthur MIAMI 4163124.1 76813/29325 - BILZIN SUMBERG BAENA PRICE &AXELROD LLP BETWKKK THE Glgg OF HOin?a MIAMI,g%ORH>A AND BOOTH MIAMI CORPORATION VHXS DKVKIO£HEHT A&RB8KEH7 (Agreement'')is made as of Hogoh >i 3005 Jw 14 f 2005 by and between tPBB CITY OJF SOUTH MIAMI,FLORIDA a.municipal corporation PCity")and SOOTH MIAMI CORPORATION (^Company")or its assignee. •RBCXWUiS WSRBA8,the Florida Local Government Development Agreement Act*setforthinsections 163*3220 -153.3243, Florida Statutes,oet forthinExhibit *A"(the "Act") provides fortheexecutionofdevelopmentagreementsfora term nottoexceedten (10)yearstoinsure tbfrt thelawin effectat tl>e timeofthe execution of thedevelopment agreementshallgovernthedevelopmentofthelandforthe duration ofthe agreement?and WHEREAS,thecity commission oftheCityof South Miami has adopted Ordinance No,D3*05"1827 which implements the Act and permita the consideration andthe adoption of this agreement/and WHB*»s,the Company owie approximately 4.St/-aorea, aoned KD-OV,described in Exhibit »3,"<the "Property")/ and WHEREAS,theCompany desires to construct a mixed use development encompassing retail,office and residential components described in Exhibit uc,*(the Project")in the Hometown District Overlay Zone within theCityof South Miami. Page 1of 17 fc>W OR ek 3&03 Pfltt 1380 -1401!(22P3S) RECORDED 02/07/200B 10153*04 HARvey ruviht clerk of court niftm-OftOE CDUHTYt FLORIDA EXHIBIT "A"$% Book26203/Page1380 CFN#20080104490 Page1of22 NOW,THEREFORE,in consideration of the above recitals andthe following covenants/termsand conditions the receiptandsufficiencyofwhichareexpressly acknowledged,thecityand Company covenant andagreeas follows s 1.Incorporation of R*oit*l».The recitals est;forth abovearetrue and correctandareincorporatedhereinby this reference, 2.Property»The company owns the property as described in.Exhibit MA",Tbia property is deemed tobe one unified parcel andis subject totheunityoftitle pursuant tothe requirements of sections 20.7.30 and 20- 5.14 of the City tend Development Code (the vtDC")'attached hereto as Exhibit *D". 3.Effective &*t«;Duration of Agreenftnt,Shis agreementshallbecomeeffectiveafterithasbeenrecorded inthepublic records of Miami-Dade Countyandthirty (30) days after itisreceivedbytheFloridaDepartmentof Community Affairs <the Effective Data"}.This agreement shall terminate tenyearsfromtheeffective date ofthis agreement,unless otherwise extended or terminated as provided for herein orin the act.Themaximumperiodof thia agreement shall beten {10)years fromthe effective dateunlessextendedby mutual consent ofalllegaland equitable owners of the Property and the city upon approval atapublic hearing,as provided in theact, 4.ttse of-Property.The property described in Exhibit "A"istobeutilizedforthe projeot described .in Exhibit "C"j a mi*ed use residential,office and retail project witha residential usenottoexceed108dwellingunitson Page 2 of >7 jft^n^ Book26203/Page1381 CFN#20080104490 Page 2of22 approximately 4.5 +/-acres.The project will include "chamfered"cornerswhereitabutsroadway intersections pursuantto Exhibit UC","JL'he occupied spaceoftheproject willnotexceed fot>r stories orfiftysix (56)feetin heightunless otherwiee permitted bytheSouthMiami comprehensive planox its land development regulations,The totalofoccupiedspaceoftheprojectshallnotexceed four stories,tfon-occupied spaceshallnotexceeda maximum heightoffiftysix feet.Theproject shall bebuiltintwo phasesas follows: •Phase I ahall Coosist of Blocks *A"and *£tt~^ described in Exhibit *C, t Phaae II cheil consistof Block <*&**C".described in Exhibit *c». *Eft*CWft&qy .g*y »j*g1»r to_.Iwplaaftent the development plan in on«phase. ♦th»Company tfay *l»tft to utilisa Block "C*ag a twgK>rary bank facility with dyivy^thyoflpyh lanes /^t to"^'"whicftTfacility »Kall fee r«aopv«d u^on ''fae .iaauanoe of "the '"Certificate of oooupanpy for theBank facility on Block »&»» The overall development ofthe property shallbe conducted in accordance with the approved siteplanon file at the City,(attached and incorporated as Exhibit "B") including elevations,architectural features andestimated commercial square footage pursuant to Section 20,3-7/of the 1.0C. 5.Public Taoilitles Serving the Project.In order to enhance public facilities inthe city of South Miami,the Fage 3 of 17 fc5Wt Book26203/Page1382 CFN#20080-104490 Page3of22 Company agreesto provide the services listedbelowin compliance with Section 20-4.1 ofthe IDC,including? (ai Roadways An operational traffic studywas conducted,by thecityandtheCompany agrees to the recommendations of oitystaffassetforthin their staff report which recommendations are incorporatedhereinby reference. (b)Parka and Kecreation Baaedon the projected residential population on the Property,Company agrees io pay iuw*'** provide «*t0 >»o wo a—o^'"•l-aftd••••ooooptable^tfrfr'-fehcy CiHty..a?Oj»"0^publAq'yoaftt •En-t>he»/'<rtt6e»ftafriiv&r »h»•Oem»ahy •mey p»e»ids'tt'*ftqubofejmu»o.'payment*'' basod on-she ftvpgaye •oal'ec-••p»ieo of #0.a4jten>bi*l<><pxopti#ity~in»khQ>-«alty ••ave»••tohe»'l»efr yeq»»'i»»ghe»»-ooii^»ny^o^poymtnte^ahaa«)b'»"y»e»ylaetd •i'n a—.apeoiol •••fuad •ffej^.g ponding en^-eapi»aa' 'iwpgovemenfto.to pair It?and'roege»felen >taelliti-left in*thO'•Citeyt •Ehp»Pay*icnfr"oho1-1>be•wade••&*eh» lump-owa-oft •ey-'boiEoyfl'»0"Oortiig£pflEe ^of •(Joe»and Qeeuywnfly la"gjpanfeed^g^jp^he»-jgi»to^iifPoidentic wiifr'en the Eyppe*feyr-to dpfwfr*$233/000 in one IsBPp sum a«its reaponaibilitv forj^rtlno: park and reoraafcion aoncurr«ncy«Paymmt slxall be w»<to on or before raoelptt of the first bntldins P«mit and shall inclyd»any interest or carrying cost incurred fry the City until receipt of the payaaent*" (c)Sanitary Severs, Waterand flower services that comply withall requirements o*Miami-Dade County for any buildingpriortoissuanceofafinal Certificate of Vse and Occupancy. frage 4 of 17 frJ\ Book2£203/Page1383 CFN#20080104490 Page 4of22 id)Solid Waste Solid Waste services thatcomplywithall requirements of Miami-Dade County forany buildingpriortoissuanceof a final Certificate ofUseand Occupancy, (e)Schools The company commits topay upon the issuance oftheinitialcertificateof occupancy any required Miarei-oade CountySchoolBoard school impact fees, $i Concurrency,The CityofSouthMiamihasdetermined thatthe Company's performance undertheDevelopment Agreementsatisfiestheconcurrencyrequirements,as delineatedin Section 20-4,1,City Code.By executionof this Agreement,theCity acknowledges thattheapplication forsiteplanapproval meets all concurrency regulations enumeratedinSection20-4,1 of theCityCode,andthatthe siteplan application and tfhis Agreement axe consistent withtheCity Comprehensive PlanandLandDevelopment Regulations♦ 7,permit**Hie permits preliminarily identified as necessaryfor development oftheprojectaredescribedas follows; (a)Special Exception to permit four drive- through tellerlaneswithinthe alter {b)specialExceptiontoprovide 72,2%+/-let coverage, \c)Special tfae permit to permit upto four restaurantswitha maximum totalof 13,820+/- square feet with parking tobe supplied from any Page 5 of 17 *\4iP Book26203/Page1384 CFN#20080104490 Page 5of22 excess parking withinthesite.Retail and restaurant parkingshallbe marked and signed, 8.Development Conditions,The followingconditions shall apply tothe development'ofthe project* (a>Tha Companyshallmeetallapplioabie building codes,land development regulations, ordinances and other lawsr <b)The Company shall adheretothe requirements ofallpermitsforthe project* (c)The Company shall develop the project in conformancewiththeparameterssetforthin thia agreement. (d)Alldevelopmentshallbeinaccordwiththe siteplan submitted withthespecialexception andspecialuse applications,saidsiteplan incorporated in Exhibit "C", (e)The CompanyshallprovidetheDepartmentof Planning witha temporary parking plan,including an operational plan,which addresses construction employee parking during the construction period, saidplanshall Include an enforcement planand shall be subject tothe review and approval by theplanning director priortotheissuanceof any building permits and shall be anforoed during construction activity* f)All conditions imposedbytheCityCommission shallbeincorporatedinthisDevelopment Agreement, g>Company shall reimburse theCityitslost parking revenuefromanymeteredparkingspaces Page 6 of17 fcH4i Book26203/Page1385 CFN#20080104490 Page 6of22 adjacenttothePropertywhichitoccupiesor usesduringtheconstruction period „ h)The Company shalldonateto a citytrustfund $40,000.00 to beusedbythecityfortraffic calming orothertrafficmitigationprograms withintheCityofSouthMiami,Thismoneyshall bedonated to theCity,priortotheissuanceof ita firstbuilding permit* 9.Consistency Kith Cityof jsouth Miami Coroprebenaiv* Planand band Development Regulations The cityhas adopted a comprehensive Plan and Land Development Regulations in accordance withChapter 153/fcart II*Florida Statutes.The city finds thatthe project is«consistent withthe city's comprehensiveplanandthecity'slanddevelopment regulations.Theproject,a mi*ed useresidential,office andretaildevelopment,aa setforth herein,isconsistent withthe *Mi*ed~Dse Commercial/Residential {Four story)" designationonthefuturelandusemap,andthe hD~0V zoning district onthe Official zoning Atlas ofthe city of South Miami.Goal Z of the Future x*and Use Element identifiesthedefinesthehometowndistrictwhich consists ofthe ^Hometown District Overlay Zone,"as defined in Article VII,sections &0-7.1 through 20-7.52 of thecity'sland development regulations, 10,Vesting.As long •aa the development on the Property isin compliance with thia Development Agreement, andall applicable laws,ordinances,codes and policies in existence at the time of the execution of the Development Agreement as well as other requirement a loosed by the City Commission upon the ratification of the site plan approval Page 7 of 17 v^m Book26203/Page138$CFN#2008010449Q Page7of22 onthe Property,the Property shallnotbethesubjectofa down zoning,applicationbytheCityandshallnotbe subject toany development moratorium,referenda action, ordinances,poliqiea,or procedures enacted bythe City that limits the development contemplated by this Agreement and depicted inthe site plan*Any failure bythis Agreementtoaddressa particular permit,condition,term or restriction shallnot relieve theCompanyofthe necessity ofcomplyingwiththelaw governing said permitting requirements,conditions,terms or restrictions, 11,permits,conditions,£eras and Restriction*not Addrasand.The failure ofthis agreement toaddressa particular permit,condition/termor restriction shallnot relieve the company orthe city ofthe necessity of complying with the law governing said permitting requirements,conditions,terms,or restrictions. i 12,Iteration of permits.The Company acknowledges that •this agreementdoesnotextendthe duration ofany permits or approvals, 13,Iiaw Governing Development cf the Property.The ordinances,policies and procedures oftheCityof South Hlami concerning development ofthe property that.arain existence asofthe execution ofthisagreementshall govern the development ofthe property forthe duration of thetermofthis agreement No subsequently adopted ordinances,policies,or procedures shall applytothe property except in accordance withtheprovisionsof section163.3233(2),Florida Statutes,andOrdinance No. 05-05-1827,as attached* page 8 of 17 Af^••iq. Book26203/Page1387 CFN#20080104490 Page 8of22 14.Termination,Thisagreementmaybeterminatedby mutualwrittenconsentoftheoityandCompany,subjectto thetermsand conditions herein,Eitherpartymayterminate thisAgreementiftheotherpartycommitsorallowstobe committed any material breachofthis Development Agreement.A ^material breach"ofthisAgreementshall include,butnotbe limited to,a failure of either party toperformanymaterialdutyorobligationonitspartfor any thirty (3D)consecutive day period.Neither party may terminatethis Agreement ongroundsofmaterialbreachof thisAgreementunlessit hae providedwrittennoticeto the other party of its intantion to'declare a breach and to terminatethis•Agreement (the ^Notice to Terminate")and thebreachingparty thereafter failstocureortakesteps to substantially cure the breach within sixty (60)days followingthereceiptofsuchNoticetoTerminate,withthe exception of monetary breaches which shall be cured within thirty (30)afterreceiptofnotice. 13»A**£gfnwwt,This Development Agreement maynotbe assigned bythe Company except toan affiliated entity, without the prior written oonsent of the City.Subject to the preceding sentenoe this Pevelopment 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 ita shareholders,directly or indirectly owns atleast 51%of the beneficial interest. 16.Work Force ♦The Company agrees touse its best efforts to enhance job opportunities for local citis&ens in connection with the project.To that end and in order to Page 9 of 17 WHt Book26203/Page1388 CFN#20080104490 Page 9of22 maximize jobopportunitiesforapplicantsfromSouth Hiami, theCompany shall send notice tothe Community Redevelopment Agreney Director 0f the City of South Miami, ora substitute designee by the City Manager,regarding employmentopportunities related toany.(1)construction workon the Property,{2)temporary or permanent maintenance work onthe Property,or (3)proposalsfor leasing"of retail space or employment opportunities associated with retail space located onthe Property, 17.Joint Preparation f This agreement hasbeen drafted withthe participation ofthe city and Company and their counsel,and shall notbe construed against anypartyon account of draftsmanship. 19.Binding Effect,Theburdensofthisagreement shallbebinding upon,,and thebenefitsofthisagreement shallinure .to,all successors ininterest to the parties ofthis agreement. 19r Caption*and Headings.Paragraph headingsarefor convenience only andshallnotbeusedtoconstrueor interpret this agreement. 20,Applicable Laws,Jurisdiction,andVenue.This agreementshallbegovernedbyand interpreted,construed, and enforced in accordance with the internal Irwb of Florida without regard to principles of oonfiicts of law. This agreement maybe enforced as provided in Section 163.3243,Florida Statutes,Venue forany litigation pertaining tothe subject matter hereofshallbe exclusively in Miami-Dade County Florida* Page JO of17 &"% Book2B203/Page1389 CFN#20080104490 Page 10 of22 21,Enforcement,in any litigation arising outof this agreement,the prevailing partyshallbe.entitledto recover its costs andattorneys fees.Attorney's fees payableunderthisparagraphshallnotexceed25%ofthe amount of damages awarded to the.prevailing party andno partyshallbe entitled to pre-judgment interest.In any Injunctive or other action not seeking damages under this paragraph i legal fees maybe awarded inthe discretion of the court,butshallbe reasonable and shall not exceed an hourlyrateof $300.00 per hour, 22»inspection.Nothing in this Agreement shall be construed to waive or limit the Cityfs governmental authorityasa munioipal corporation andpolitical subdivisionoftheStateof Florida.TheCompanytherefore understands andagreesthatanyoffioialinspectorofthe Cityof South Miami,or its agenta duly authorised,have therighttoenter,inspect and investigateallactivities onthe premises to determine whether the Property complies with applicable laws including but not limited to building andzoning regulations andtheconditionsherein, 23,Authorisation toWithholdParolto and inspection*, In the event the Company ia obligated tomake payments or improvements under the terms of this Development Agreement and »uch paymentsarenotmadeas required,or suoh improvements are not made aa required,in addition to any other remedies available,the City of South Miami ia 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 IX of 17 fr*M* Book26203/Page1390 CFN#2008Q104490 Page 11of22 untilsuchtimethis Development Agreement ia complied with. 241-.^Representations ofthe Company.The Company repxesentatotheCityaa follows: (a)2?he execution,delivery andperformanceof thisAgreementandallotherinstrumentsand agreements executed in connection withthis Agreement havebeen properly authorized bythe ConQpeny anddo not require further approval by Company„ (b)ThisAgreementhas b^n properly executed/ and constitutes Company''s legal,validand binding obligations,enforceableagainst company in accordance with its terms. lc)(There areno action*,suits or proceedings pendingor threatened against oraffecting Company before any court or governmental agency that would in any material way affeot Contpanyfa abilitytoperformthis Agreement* (d)Company shall notactinanyway whatsoever, directly or indirectly,tocause this Agreement tobeamended,.modified,canceled,orterminated, exceptpursuantto Ita express terms,andshall takeall actions necessary to ensure that this Agreement shallremain In fullforceand effect at all times. (e)Company hasthe financial capacity topayor advancetotheCityallfeesandpaymentsas required under thisAgreement. Pago 12 ot 17 y\*\<\ Book2G203/Page1391 CFN#20080104490 Page12of22 25.Severability*In theeventthatanyofthe covenants,agreements,terms,or provisions contained in 1 thisagreementshall he invalid/illegal,orunenforceable inany respect/thevalidityoftheremaining covenants, agreements,terms,or provisions contained herein shall be in nowayaffected/prejudiced,ordisturbed thereby♦ 26.valvar*.No failure ordelaybyCompanyorthe Citytoinsistuponthestrictperformanceofany covenant, agreement,termor condition ofthis Agreement,orto exerciseanyrightorremedyconsequentuponthebreach thereof,shall constitute a waiver ofanysuchbreachor any subsequent breeoh ofsuchoovenant,agreement,term or condition,No covenant,agreement,term,orconditionof tbis Agreementandnobreachthereofshallbewaived, alteredor modified except by written instrument.Nowaiver ofanybreachshall affect oralterthis Agreement,but eachandevery covenant,agreement,term and conditionof this Agreement shallcontinueinfullforceandeffectwith respecttoanyotherthenexistingorsubsequentbreach thereof. 27.Annual R«port and itovla*.it shall bethe responsibility of the Company to submit an annual report to the City sufficient to fulfill the requirements as.stated in the provisions of Section J63«3233,Florida statutes, and Ordinance wo.OS^oa^OQg.»rhis agreement shall be reviewed annually on the anniversary ofthe effective date of this agreement.The Company,or its assign,shall submit an annual report at least 30 days priortothe annual I'ev.tew date.This report shall contain s section-by-sect ion listing of what obligations have t^^n met and the date Page 13 of 17 M Book26203/Page1392 CFN#20080104490 Page 13of22 finalized,asgood faitb.compliancewiththetermsofthe agreement,The citycommissionshall review theannual report Bt a public meeting.If the City Commission finds, on •thebasisof substantial competent evidence,thatthere has been a failure to comply with the terms ofthe Development Agreement*,the agreement maybe revoked or modified bythe City.Ofte obligation tosubmitan annual report shall conclude uponthedateonwhichthe agreement is terminated, 2B,notices,Any notices or reports required by this agreement shallbe sent to the followingt Forthe City?CityManager City of South Miami 6130 Sunset Drive South Miami,Florida33143 Copy to:Planning pirector Planning and Community Development Department CityofSouth Miami 6130 Sunset Drive SouthMiami,Florida33143 For tb*Company?SouthMiami Corporation *Attn:Donald P.Hunter, Vioe President And Wiide K.Wachols,counsel 5750 Sunset Drive SouthMiami,Florida 33143 Copyto:Wade ft,Wacholz,Esq, Gislason fr Hunter,ZJ>P* P.O.Box 5297 Hcpfcins,Minnesota 55243-229*? W.Tuaker Gibba,Esq, 215 Grand Avenue Coconut Grove,Florida 33133 Page 14of17 i^% Book262Q3/Page1393 CFN#20080104490 Page 14of22 29.Exhibits.All exhibits attached hereto contain additionaltermsofthiaagreement and areincorporated herein byreference, 30,Amendment,Thisagreementmaybeamendedbymutual writtenconsentofthecityandCompanysolongasthe amendmentmeetstherequirementsoftheact,applicable city ordinances and Floridalaw, 31»Entire ogreeraentt Thisagreementrepresentsthe entireagreementandnopriororpresentagreementsor representations shallbebindinguponeithertheoityox Company,unless specifically incorporated hereinby reference,whethersuchpriorpresent agreements havebeen made orally orin writing,Each party affirmatively x&pxBBBntti that no promises have been madetothat party thatarenot contained inthis Agreement,and th«Exhibits, and stipulates thatno evidence ofany promises-not contained inthis Agreement,andthe Exhibits.,shallbe admitted into"evidence onits behalf/!Thie Agreement shall notbe supplemented,amended or modified byany course of dealing,course of performance or uses of trade andmay only be amended or modified bya written instrument duly executedbyofficersofbothparties. 32.Third Party Beneficiary,tfhis Agreement is exclusively for the benefit ofthe parties hereto and their Affiliates and it may not.be enforced by any party other thanthe parties to thia Agreement and shall notgive rise to liability toany third party other than the authorised successors and aseigns oftheparties hereto- 33,Periods of Simg.Whenever any determination isto be macle or action is to be taken on a date specified in Page15of17 fr% Book26203/Page1394 CFN#20080104490 Page15of22 this Agreement,if such date shall fall ona Saturday, Sundayorlegal holiday,theninsuch event said dateshall beextendedtothenextdaywhichisnota Saturday,Sunday orlegal holiday. 34.Counterpart**This Agreement maybeexecuted (including by facsimile)inoneormore counterparts,and bythe different partiesheretoinseparatecounterparts, each of which when executed shall be deemed to be an originalbutallofwhichtaken together shallconstitute oneandthe aa*e agreement, 35»•Recordation,within 20days after the lievelopment Agreement hasbeen signed byboththe Company andthe City, the Applicant shall cause a copy ofthe Development Agreementtoberecordedatthe Applicant's expenseinthe registryofdeedsinMiami-DadeCounty. 36.Abandoiawmt of Bight~o£~Way.TheCityagreesto abandon the right-of-way adjacent tothe property tothe buildable line.The Company shall contemporaneously grant totheCityan easement fromtheright-of-wayadjacentto the property tothebuildablelineforall future needsof theCity,Toensurethattheproposed structure doesnot interfere *»ith the City's future needs,any permanent structureextendingoutoverthe City's easementshall providetheCitywith clearance asprovidedintheHometown OverlayDistrictintheLandDevelopmentCode (10-feet minimum), Page 15 of 17 fr.14i Book26203/Page1395 CFN#20080104490 'Page 16 of 22 PASOTED AMD TrtBtf AD0STRB by tht*oitv commission of the > City of South Miami,Florida,thia^yj^aToty^^^ZQtftrf^ APPROVED y,k CLERK KBAD AND APPRQ5JPD AS TO FORM J %^\CITY O.BRX |V^£*aAXOK A ^_ WW AGREED TO this £4 day of M«efc ftang,200^. Witnessest SQtJTH MlftHI^CORPORATION ^¥fc»President y \*L Print Name A*Nt*.^y%J^«s»cx v \-^jjy^VC\AjftA\UJln2- print Name M**T*H*E ^^ T ) COUNTY 'OP MIAMI 4DADE «O0K) The foregoing instrument was .acknowledged before ma this &k d*Y **Pfc^fc'nWjL /200S7by W,ftoCKWfa.)j///ffa who i* personally known to me or who produced ^^^^^r,.ae identification,on behalf of the corporation, My commissiMycommission expires:OFFICIAL SEAL MyCommis&n &pfra J?age 17 of 17 Book26203/Page1396 CFN#20080104490 n-i"% Page 17 of22 ORDINANCE NO.05-05*167/7 AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OFSOOTH MIAMT,FLORIDAADOPTINGADEVELOPMENT AGREEMENT PtmSUANT TO ITt/ORDOA STATE 8TATTOB 16*3.3221,FORA UNIFIED DBYELOFMBNTPROMBCX KNOWN AS PROJECT SUNSET*WHICH WILL INCLDDE THREE BTttU)lNGB UPTO FOUR (4)STORKS W HEIGHTAND TOE FOLLOWING USES:108 MVLTI-FAMILY-KMDma/O,UNITS,, RETAJ&USES,OFETCB USES,WBTAUftAm BANK AJfflO PAJWONG GARAGES,'ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVEAND LEGALLY ©ESCRIBED ASLOTS <?THRU ?,40THRU 45,.53 THRU 66 INCLUSIVE AND TH35 BAST 50 FEET OF LOTS Sri AND 82 OF W,A. LARIONS SUBDIVISION ACCORDING TO THE PJLAT THEREOF RECORDEDIN PLAT BOOK3 AT PAGE X?p OFTHEPUBLIC RECORDS OF MUMMMDB COUNTY;PROVIDING FORSEVERABILITY;PROVIDING FORORDINANCESIN CONFLICT;AND PROVIDING AN EFFECTIVE DATE WHEREAS,in 2005 the South Miami Corporation ft requesting approval of a Development Agreement fora4.5 awe proposed wotteddevelopment to be called "Project Sunset"whfahwill include a total of 108 dwelling iwfts aud $7,212 square feet of comroeactjlal apaoe on property located generally av 5750SunsetDriveandlegallydescribed as lata 6 thru 9,40 thru 45,53 thru 66 inclusive and theeast 50 feel of Lots 51 and 52of W.A Larktoa subdivision according to the plat thereof recorded inplat hook 3at page 198ofthe public xecords of Mianai-Dade County;and WHEREAS,the CSty Commission atits March I,2005 meeting adopted a resolution allowing two special exceptions andadopted a special usereaototion permitting the location of four reutauranta in theunified development;and WHEREAS,tiie Florida Local Government Development Agreement Act,act forth In sections 1633220*163.3243,Florida Statutes,provides for the execution of dev^opmeot agreements to insure that thelaw and regulations j»effectatthetimeoftheexecution ofthedevelopment agreement shall govern the development oftheland forthe duration ofthe agreement;and WBDERMJ5,the South Miami Corporation has proposed the execution of a-development agreement -wifl*theCityof South Miami pertaining tothe afoed use project entitled •TJojeot Sunset" which agreement would set forth all of the condition*and cormnltmonts required bythe City resulting from the approval ofthe special exception and special usenjqueste;and WCEKEA8,the Planning Board ata meeting on February 22,2005 alter 4 public hearix^, adopted a motion bya vote of4 aye 1 nay recommending approval of the proposed Development Agreement subject to specific revisions and condftioas,which have beenincluded inthe draft agreement; and WEEREAS,the Mayor and City Commission ofthe City of Souw Miami desire to accept the xccommeodarjon ofthe JMaumng Board, NOW,THEREFORE,BE IT OXUOAINED BY THE MAYOB ANDTHE CITY COMMISSION OF THE CTTY OFSOUTH MIAMI,FLORIDA: Section 1 That a Development Agreement;attached as BxWbit'W as amended during jfre March 15.2005 public hearing and dated March IS,2005 between the City of South Miami,Florida,and tiw South Miami Corporation pertaining toa 4.5 acre proposed Book26203/Page1397 .CFN#20Q8Q104490 Page 18 of22 Ord,No.05-05-1827 unified development tohe called "Project Sunset"which will include a total of 108 dwelling unite and 87*212 square feet of eoimowcial space on properly located generally at 5750 Sunset Drive and legally dosorited as Lota6 thru 9,40 thru 45,S3 thru 6"6 inclusiveand tbo cast50feet of Lots51and52 of W, A,Larldns subdivision according tothe plat thereof recorded inPlatBook3at page 198 of the public records ofMiami-DadeCountyis approved, Section %Ifany section,oIftuse>sentence,orphrase of this held invalid or -unconstitutional byaoourt ofcora^etent jurls^otion,this"holding shall not affect the validity ofthe reiuainingportions oftins ordinance.. Section3All ordinances or parte of ordinances inconflictwiththe provisions ofthis ordinance are herebyrepealed. gectipn4 This ordinance shallbeeffectiveimmediately afterthe adoption hereof. PASSED AND ADOPTED this •/jffi..day of lf\AasiJh.2O05 ATTEST?AFPROVBD; CC*r CLERK 3"ftwdfag-3/1/05 2adyfeeading-3/15/05 Qstb-^.^ggfe^g^ APPROVED AS TO FOKM; tomeat:Exhibit"A"Pevelopmant Agreement B:\Comm Itwns\2005\3»1 -05VDcvclopixidiJt Agreement Bank Orddoo COMMISSION VOTE:4-1 MayorRussell:Y£a Vice Mayor Pahnen ,1 tfea Comrn{seionerW?6Coruhe;Yea ConnniBsionerBut8-<Jooper;*«a Connnissioner Shew Nay Book26203/Page1398 CFN#20080104490 Pag©19 of 22 ORDINANCE NO,.1&-PS-1840 AW OBMNAtfCE OFTHE MAYOR Am CITY COKMBSXON OF THE CHY OF BOVVB. MIAMI,FLORIDA AMENDING IKE BEVEL0P1MBNT AGREEMENT ADOPTED AS PA&T OF ORDINANCE NO.O5-05-M27 WHICH APPROYKD TOE DBVKLOPMKNT AGREEMENT JOS.A CNOTED D25VBJL01PMKNT PROJECTKNOWN*AS "PROJECT SUNSET"LOCATED GJ3STOALLY AT5750SWSOT 6 THRU 9,40 THRU 45,53 THRIJ 6*6 INOtfJSIVE AW AM>51 OB"vV\,A, IiABlONS 8TODIVI8ION ACCOBD3NG TOTHEPLAT TBEBEOF BKCORDED W PLAT BOOK3AT PAGJS XP8 OF TBB PUBLIC XBCOBDg OF MIAMWOADE COIPNTY?TBE PDKPOSB OF XHR AMBNDMBNT ISTO AOTHOKXZfe THB ADftQl^ISTRATrON TO PHOVIDK A SPECTOC AMOUNT OF PAKK AND OPENT SPACE CONCURRENCY PAYMENTTOTHE CHY,AMENDING THEDATEFOR PAYMENT,AND ADJUSTING TBSJ PHASING t>F THE DEVELOPMENT^VROVXDING FOR SEVXaRABXLITYj PROVEXTNG FOR OKDjD^ANCESINCONFLICT;ANDPROVIDING ANEFFECITVBDAT'E WHEREAS,,tbo City Oxauaisstoo at its March 1,2005 special meeting approved'special exceptions to permit "Projeot Snaset",a nnffiod mixed we development oon$isttng of residential,office and retell uses generally located *t 5750 Sunset Drive;end WHEREAS,the City Commission atits March 15,2005.meeting adopted Ordinance No.05- 05-1827 approving a Development Agreement between Hie City and the developer,tbe South Miami Corporation for Project Sunset;and . WBS&8AS,Section 4ofthe Development Agreement eurifled «Vs*of Property**sets forth a phasing schedule forthe development ofthe project and TVBEKftAS,the Adbmtaisfairion has pow negotiated an amended phasing sohedule whiob should reduce the impact ofthe development program ontraffic and parking in ihe aaa;and WHEREAS,Section 5 (b)ofto Development Agreement entitled 'TubKe Facilities Serving the Projeof1 provides,a rbnaufc*for determining the amount and timing ofa park and open space concurrency paymenttobemadebythe developertolhe City;and WHERDAS,theAdministration hew now negotiated a fipeoifio amount and revised timing of the parkand open space ooncarrenov payment tobe made bythe developer tothe City;and WBCEB&AS,the planning Board ata speelal meeting Its hfay 10,2005 meeting after a pubKo hearing,adopted amotion by avote of5 aye 0 nay reeomraending approval of the proposed amendment totheDevelopmentAgreement. WW,TH3SRBJPOR15,BEIT OXDAmm BY THE MAYOR AND THE CITY COMMISSION OF THE '. Secfion I <Tb;at Seotion 4 emitted lV&of Property*of the Development Agreement between the City endthe South MamiCorponatioa for Project Suwetao^pted by Ordinanee No.05-05-1827 atthe March 15,20O5 City Commission meetiiag,iahereby amended to read* 4,"Use of Property.The property described in Exhibit "A11 k to be utilized for the project described in Exhibit *C":amixeduseresidential,ofiioe andretail ptrojeot with a.residential u$© Book26203/Page1399 CFN#20080104490 Page 20 of 22 brd.^o,1B~05~1640 1 i 3notto exeeed 108 dwelling unitson approximately 4.5 +A acres.Theprojectwill include 4 "chamfered"corners when*it abuta roadway ktersections pursuant to BxMbit aC>\The occupied 5 space of the project willnot exceed four stories orfifty six.(56)feet inheight unless otherwise 6 permitted bythe South Miami compreiienrive planorits land development regulations.The total of 7 occupied space of the project shall not exceed four stories.Non-ocojpied space shallnotexceeda 8 maximum height of fifly six feet.The project shall bebuiltin*w phase*as follows: 9 '♦Ptoelshaflwn&tofBIocb'W^ 10 •Phaee U shallconsist ofBlock*©*2E described in Exhibit"C\ 11 •,The Company may elect:to implement the development t>lan inone 13 •TheCompany may elec|*toutilize Block *C?as a temnorarv bank 14 facility wf flydrive-throughlanes (not toexeeedfourtones)which 15 facility sfratl ha removed unon tfoe issuance of the Certificate of 16 Occupancy for the Bank facility on Block "A». 17 18 Tbe overall development ofthe property shall be conducted in accordance withtbe 3.9 approved aite plan on file at the City,(attached and incorporated as Exhibit "C") 20 including elevations,architectural features and estimated conunerdai square footage 21 pursuanttoSection 20.3.-7,of the LDC.W 22 23 Secfton 2 /That Section5(b)entitled uPobhc Facilities Serving the Project"of the Development 24Agreementbetweentbe City andtheSouth Miami Corporation forProjectSunsetadopted by Ordinance 25No.05-05-1 $2?atthe March 15,2005 CityCommission meeting!isherebyamended to read:. 26 275,"Public Facilities Serving theProject 28 29 ****** 30 b)Parfo anfl ReoreaHoq 31 Based on the projected residential population onthe Property*Company agrees *o»pay foy-on 32 pjro\'id'0';'g"ftQPPP-of'lojid'ttOttgpt(itblo tothe(Sly fog apixbUo-ptu^Iifrlhc^ 33 may pffpyiflp-a ftp^fes^topoftTO^ft^in 34 &OK>ifr'Oypfr&p4MtyptirrT^ 35 on>oopttal'improvomcnto lopoik gad*ooroation'faoilrtiop to ttio <%t^-Tho Vaytfmti Qhnti.ho mode 36 in'OaO'"lntnp'>onm-on"Of bofbro n qo»ttfloato'of''Uoo^ 37 wiigottflifrttnit onftp frooortv,to donate $23?.000 fr onelymp smn as it*wooinftbllltv for 38 39 meeting par*m&recreation conenrranav.Payment shall be mnde on or before receipt of Bib first bnfldlng bermlt andshall include anyinterestorcarryingcost Incurred bvthe 40 City until receipt of the payment," 41 42 43 Section.3,If any eection,clause,sentence,orphrase of this ordinance is for any reason heldinvalid or 44 -unconstitutional byacourt of competent jurisdiction*this holding shall notaffect thevalidity of the 45 remaining portions ofthis ordinance, 46 47 gecgeg,,^All ordinance?or parts of ordinances in conflict with the provisions of this ordioanoe are 48 hereby repealed. 49 Book26203/Page14Q0 CFN#20080104490 Page 21of22 *Ord.No,10-05-1840 0. ft D M olr~ tc<t Section ^This ordinance shall heeffective hnmedlately atethe adoption hereot .PASSED AND ADOPTOD ibis }*T*day of ^t^.2005 ATTEST: Q>3<X^„QrQruh^, cmctmK 1*Rj&adfogw 6/7/05 ^Reading-6/14/05 > [VEPASTOFOKWj 2; ^Clf^ATATTORNEY APPROVED: COMMKSIONVOm 4~0 MayorJtoaaelh Yea, ViceMayorPalmeri abs&nt Commissioner Wfccombe!y©& Commissioner Bats-Cooper;Yea Commissioner Shewn*yea New wordingunderlined;wordingtobe removed indicated by sttitethrovgh XVMCCaOTWLANNINOACoiim)JtqnsVWKttVS^-OSVOovclojJtftent AgrwsnMi Project SwisrfOnldM Book26203/Page1401 CFN#200801O4490 Page 22of22 LEGAL DESCRIPTION Lots.6,"7,8,9,40,41,42,43,44,45,53,54,55,56, 51,58,59,60,61,62,63,64,65,66,andtheeast50 feetof Lots*51and52of W.A.Larkins Subdivision according totheplat thereof recorded inPlat Book 3at Page 198of the Public Records of Miami-Dade County,' Florida. EXHIBIT "A" ORDINANCE NO.05-05-1827 AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OFSOUTH MIAMI,FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 1633121.FOR A TWIHKD DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET"WHICH WILL INCLUDE THREE BUILDINGS UPTO FOUR (4)STORIESINHEIGHT AND THE FOLLOWING USES:108 MULTI-FAMILY RESIDENTIAL UNITS,, RETAIL USES,OFFICEUSES,RESTAURANTS,BANK AND PARKING GARAGES;ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVEAND LEGALLY DESCRIBED ASLOTS6THRU9,40THRU 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 199 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE WHEREAS,in 2005 the South Miami Corporation is requesting approval -of a Development Agreement fora4.5 acre proposed unified development lo be called "Project Sunset"whichwill include a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at5750Sunset Drive and legally described asLots6thru 9,40 thru 45,53 thru 66 inclusive andthe east 50 feet ofLots 51 and 52of W.A Larkins subdivision according to the plat thereof recorded in plat book 3atpage 19-8 of thepublicrecords of Miami-Dade County ;and ..«*• WHEREAS,theCity Commission atits March 1,2005 meeting adopted a resolution allowing two special exceptionsand adopted a special use resolution permitting the location offour restaurants in theunifieddevelopment;and WHEREAS,the Florida Local Government Development Agreement Act,sef forth in sections 163.3220-163.3243*Florida SUtutes4 provides for the execution of development agreements to insure that the law and regulations in effect at thelimeof the execution of the development agreement shall govern the development of thelandfor the duration of theagreement;and WHEREAS,the South Miami Corporation has proposed the execution ofa development agreement withtheCityof South Miami pertaining tothe mixed use project entitled "Project Sunset" which agreement would set forth ail ofthe conditions and commitments required bytheCily resulting from the approval of the special exception and special userequests;and WHEREAS,the Planning Board at a meeting on February 22,2005 after a public bearing, adopted a motion byavoteof4 aye 1 nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions,which have been included inthe draft agreement; and WHEREAS,the Mayor and City CoraroiBsion ofthe City of South Miami desire to accept the recommendation ofthePlanningBoard. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA Section1Thata Development Agreement,attached as Exhibil "A"asamended "durine the March 15.2005 public hearing,and dated March 15,2005 between the City of South Miami,Florida,and the South Miami Corporation pertaining toa 4.5 acre proposed EXHIBIT "B" Ord.No.05-05-1827 unified development tobe called "Project Simset11 whichwillincludeatotal of 108 dwelling units and 87,212 square feet of oommeroial space on property located generally at 5750 Sunset Drive and legally deBcribed as Lots 6 thru 9.40thru 45,53thru 66 inclusive andtheeast 50 feet of Lots 51 and52 of W, A Larkins subdivision according tothe plat thereof recorded in Plat Book3at page 198 ofthe public records of Miaroi-I>&dc Countyis approved. Section 2 If any section,olause,sentence,orphrase ofthis ordinance isforanyreason heldinvalid or unconstitutional byacourt of competent jurisdiction,thisholding shall notaffectthevalidityofthe remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances inconflictwiththe provisions ofthis ordinance aro hereby repealed Section4This ordinance shallbeeffective immediately aftertheadoptionhereof. PASSED AHD ADOPTED this /.<T^day of IVl/ZA&b.2005 ATTEST;APPROVED: CLERK Q-^y^-.^^U^^ 1"Reading-3/1/05 2^30^-3/15/05 APPROVED AS TO FORM: tachraent:Exhibif'A"Development Agreement E:\Coram Iten«\2O05V3-l -05\Deveiopment Agreement BankOr&doc COMMISSION VOTE:4 -1 Mayor Russell:Yea Vice MayorPalmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Coopen Yea Commissioner Sherax Nay Ord.No.18-05-1840 L_ Section SThis ordinance shall beeffectiveimmediately after the adoption hereof. ,2005 .PASSED AND ADOPTED this /f^day of %+<^~~.: ATTEST: Cv^TCUL-(\,OrJ^^J>M, CITY CLERK 1'Reading-6/7/05 2ttiReading-6/14/05 y READ,VEDASTOPORM: 5^=3 TTY ATTORNEY APPROVED: T COMMISSION VOTE:4-0 Mayor Russell:y e a ViceMayor Palmer:abs en t Commissioner Wjscombe:Yea Commissioner Birts-Coopen Yea Commissioner Sherar Yea New wording underlined;wordingtobe removed Indicated by strikeihrough \\MCGRUFT\PLANNINasCocun ltC5n5\2005\6~7.D5\Developm*m AgreementProjectSunsel Ord.doc r- < a: o ""IX.LU'*» i 'i V J«litJi|l |1! ^7" J .•^i- JU I Mf ♦»4>(at EXHIBIT "C" t I I1 Jjjl'i 'l i exhibit V &>>fmill mil mil si iiiniii inn inn nil iiii OK &k 28507 P*s 0870 -Ul\<18pss> RECORDED 02/27/2013 1G:47s26 HARVEY RUVIMr &SRK OF COURT ' tUAMl-DADE COUHmrtM[DAAMENDEDDEVELOPMENTAGREEMENT^f^^^ BETWEEN THE CITY OF SOUTH MIAMDL FLORIDA ANDSOUTH MIAMI CORPORATION THIS AMENDED DEVELOPMENT AGREEMENT ("Agreement0)is made as of on..* /3^day of ^Lg^L 2013 by and between the CITY OF SOUTH MIAMI,FLORIDA municipal corporation ("City")and SOUTH MIAMI CORPORATION ("Company")or its assignee. RECITALS WHEREAS,theCity commission ofthe City of South Miami adopted Ordinance No.05-05- 1827 (attached as Exhibit "B'^which implemented the Florida Local Government Development Agreement Aot("the Acf)and permits the consideration and the adoption of this agreement;and WHEREAS,the Company owns approximately 4,5+A acres,zoned HD-OV,described in Exhibit "A/1 (the "Property");and WHEREAS,the Company desires to construct amixedusedevelopment encompassing retail, office and residential components (the "Project')described .in site plan on file withthe City In the Hometown*District OverlayZonewithintheCityof South Miami. WHEREAS,theCityhas concerns regarding the original Development Agreement thatwas dated March 15.2005,fullyexecutedonApril 6,2005 butwhichwasnever recorded;,and WHEREAS,theCity and the Company amended the March 15,2005 Development Agreement and this revised Development Agreement was dated June 14,2005 and which was eventually recorded as required by statute;however,the "amended"development agreement was recorded asthe original development agreement anditwasnottitledasan amended development agreement;and WHEREAS,theCityhasconcerns regarding thesigningandrecording of theJune14.2005 DevelopmentAgreement;and WHEREAS,Ihe Company andthe City desiretosettle the concerns of theCitybyentering into this Amended DevelopmentAgreement;and MIAMI 3293183.3 76813/29325 1 EXHIBIT "B"(i) Vif- a WHEREAS,the Florida Local Government Development AgreementAct,sections .163.3220- 163.3243,Florida Statutes,(the wActMX in effectonthe date oftheCity passed and adopted a resolution agreeing onthe terms ofthe original Development Agreement,provided for the execution of development agreements for atermnotto exceed ten(10)years to insure thatthelawineffectatthe time ofthe execution ofthe development agreement Shall govern the development ofthe land for the duration of the agreement. NOW,THEREFORE,in consideration of theabove recitals andthefollowing covenants, termsandconditionsthe receipt andsufficiency of which are expressly acknowledged,theCityand Companycovenantandagreeas follows: 1.Incorporation of Recitals,Therecitalssetforth above aretrueandcorrectand are incorporated hereinbythis reference. 2.Properly.TheCompanyownsthe property as described inExhibit "A".This property isdeemedtobeoneunified parcel andis subject totheunity of title pursuant tothe requirements of sections 2O-7.30 and 20-5.14 oftheCity Land Development Code (the "LDC") attached hereto as Exhibit "D". 3.Effective Date;DurationofAgreement*ThisAgreementshallbeeffectiveas of June 14,2005 (the "Effective Date"),the date that theCity passed and adopted a resolution agreeing tothetermsand conditions of the first Amended Development Agreement,This Agreement,as currently amended,shallterminatetenyears from theEffectiveDate of thisAgreement,unless otherwise extended or terminated as provided for herein orintheact.The maximum period ofthis agreement shallbeten(10)yearsfromtheEffectiveDateunlessextendedbymutualconsent of all legal and equitable owners ofthe Property and thecity upon approval ata public hearing,asprovided in the Act. 4 Use of Property.The property described inExhibit"A"istobe utilized for the project described inthe site plan on file withthe City:a mixed use residential,office and retail project with a residential use notto exceed 108 dwelling units on approximately 4.5 plus or minus acres.The project will include "chamfered"corners where it abuts roadway intersections pursuant to the site plan on file withthe City.The occupied space ofthe project willnotexceed four stories or fifty six (56)feet in height unless otherwise permitted bythe 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 sixfeetThe project shall bebuiltintwo phases as follows: ♦PhaseI shall consist of Blocks "A"and MB"describedin Exhibit "C", MIAMI 3293183.3 76813/29325 2 •PhaseIIshall consiatof Blook "CM described In Exhibit MCH. •The Company may elect to implement the development plan in one phase, •The Company may elect to utilize Block "C"asa 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 theBank facility on Block "A". The overall development ofthe property shall be conducted in accordance with the approved site plan onfileattheCity,including elevations,architectural features and estimated commercial square footage pursuant to Section 20.3-7,of the LDC. 5.Public Facilities Servingthe Project.In order to enhance public facilities in theCity of South Miami,the Company agrees to provide the services listed belowin compliance with Section 20-4.1 of theLDC,including; (a)Roadways An operational traffic study was conducted bythecity and the Company agrees tothe recommendations ofcitystaffasset forth in their staffreport which recommendations are incorporated hereinbyreference. (b)Parks and Recreation Basedonthe projected residential population onthe Property,Company agrees to donate $232,000 inone lump sum as its responsibility for meeting park andrecreation concurrency.Payment shallbemadeonorbeforereceipt ofthefirstbuildingpermitandshallincludeany interest or carrying costincurredbytheCityuntilreceipt ofthepayment. (c)ganftarv ge^rs WaterandSewerservicesthatcomplywithall requirements of Miami-Dade Countyforany buildingpriortoissuance of a final Certificate ofUseand Occupancy, (d)Solid Waste SolidWasteservicesthatcomplywithall requirements of Miami-DadeCountyforany building prior to issuance of a final Certificate ofUse and Occupancy, (e)Schools TheCompanycommitstopayupontheissuance of theinitialcertificate of occupancyany required Miami-DadeCountySchoolBoardschoolimpactfees. 6.Concurrency.TheCity of SouthMiamihasdeterminedthatthe Company's performance undertheAgreementsatisfiesthe concurrency requirements,as delineated inSection20- 4.1,City Code.By execution of this Agreement,theCity acknowledges that the application forsite MIAMI 3293183.3 76813/29325 3 plan approval meets all concurrency regulations enumerated in Section 20-4.1 of theCity Code,and that thesite plan application and this Agreement are consistent withtheCity Comprehensive Plan and LandDevelopmentRegulations. 7.Permits*The permits preliminarily identifiedas necessary for development of the project are described as follows: (a)Special Exception to permit four drive-through teller lanes withinthe site. (b)Special Exception to provide 72,2%+/-lot coverage. (c)Speoial Use permit to permit upto four restaurants with a maximum total of 13,820+/-square feetwith parking to be supplied from any excess parking within the site.Retail and restaurant parking shallbemarkedand signed. 8.Development Conditions.The following conditions shall apply to the development of theproject: (a)The Company shall meet all applicable building codes,land development regulations,ordinances and other laws. (b)The Company shall adhere tothe requirements ofall permits for the project (c)The Company shall develop the project in conformance with the parameters set forth inthis agreement. (d)All development shall bein accord with the site plan submitted with the special exception andspecialuse applications,saidsiteplanonfilewiththeCity. (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 tothe review and approval bythe planning director prior tothe issuance ofany building permits and shall be enforced during construction activity. (f)All conditions imposed by the City Commission shall be incorporated in this DevelopmentAgreement (g)Company shall reimburse the City its lost parking revenue from any metered parking spaces adjacent tothe Property which it occupies oruses during the construction period. (h)The Company shall donate toa 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 tothe City,prior tothe issuance ofits first building permit. MIAMI 3293183.3 76813/29325 9,Consistency with City of South Miami Comprehensive Plan and Land Development Regulations,The city has adopted aComprehensive 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, amixed useresidential,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 2of the Future Land Use Element identifies the home town district which consists ofthe "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 fee development onthe Property isin compliance with this Development Agreement and all applicable laws,ordinances,codes and policies in existence on June 14,2005 aswell as other requirements imposed bytheCity Commission upon the ratification ofthe site plan approval on the Property,the Properly shall notbe the subject ofa down zoning application bytheCity and shall notbe subject to any development moratorium,referenda action,ordinances, policies,or procedures enacted bytheCity that limits the development contemplated bythis Agreement and depicted inthesite plan.Any failure bythis Agreement to address a particular permit, condition,term or restriction shall not relieve the Company ofthe necessity of complying withthe law governing said permittingrequirements,conditions,termsor restrictions. 11*Permits,Conditions,Terms and Restrictions not Addressed,The failure of this agreement to address a particular permit,condition,termor restriction shallnotrelievethe Company orthecity of thenecessity of complying withthelaw governing said permitting requirements,conditions,terms,orrestrictions. 12.Duration of Permits.The Company acknowledgesthatthisagreementdoesnot extendthe duration of anypermitsor approvals. 13*Law Governing Development of the Property.Theordinances,policiesand procedures oftheCity of SouthMiami concerning development ofthepropertythatareinexistenceas of the Effective Date of this agreement shallgovernthedevelopment of thepropertyforthe duration ofthe term ofthisagreementNo subsequently adopted ordinances,policies,or procedures shall apply tothepropertyexceptin accordance withthe provisions of section 163,3233 (2),Florida Statutes,and OrdinanceNo.05-05-1827,asattached. 14.Termination.Thisagreementmaybeterminatedbymutualwrittenconsent of thecityandCompany,subjecttothetermsand conditions herein.Eitlierpartymay terminate this MIAMI 3293183.3 76813/29325 Agreement if theother party commitsorallows to becommittedany material breach of this Agreement.A "material breach"of this Agreement shall include,butnotbelimited to,,a failure of eitherpartyto perform any material dutyor obligation onits part foranythirty(30)consecutive day period.Neither partymay terminate thisAgreementon grounds of material breach of thisAgreement unlessithasprovidedwrittennoticetotheotherparty of itsintentiontodeclarea breach andto terminate thisAgreement (the "Notice to Terminate")andthe breaching partythereafter fails tocureor takestepsto substantially curethe breach withinsixty(60)days following thereceiptof suchNoticeto Terminate,withtheexception of monetary breaches whichshallbecuredwithinthirty(30)daysafter receipt of notice. 15.Assignment*ThisAgreementmaynotbeassigned by the Companyexcepttoan affiliated entity,withoutthe prior written consent oftheCity.Subjecttothe preceding sentence this Agreement shall be binding upon the successors,assigns,and representatives of the parties hereto.An affiliated entityisanentity of whichSouth Miami Corporation oramajority of its shareholders, directlyorindirectlyownsatleast 51%of thebeneficialinterest 16*.Work Force.TheCompany agrees touseitsbesteffortsto enhance job opportunities forlocalcitizensinconnectionwiththe project.Tothatendandinordertomaximizejob opportunities for applicants fromSouthMiami,theCompanyshallsendnoticeto the Community RedevelopmentAgency Director of theCity of South Miami,orasubstitutedesigneeby the.City Manager,regarding employment opportunities related toany(1)construction workonthe Property,(2) temporary or permanent maintenance workonthe Property,or(3)proposals for leasing of retail space or employment opportunities associated with retailspacelocatedontheProperty. 17.JointPreparation.ThisAgreementhasbeendraftedwiththe participation of thecity and Company andtheir counsel,and shall notbe construed against any party on account of draftsmanship. 18.Binding Affect Theburdens of thisAgreementshallbebindingupon,andthe benefits ofthis agreement shall inure to,all successors in interest tothe parties ofthis agreement. 19.CaptionsandHeadings.Paragraph headings areforconvenienceonlyand shall notbeusedtoconstrueorinterpretthis Agreement. 20.ApplicableLaws,Jurisdiction,andVenue.This Agreement shall be governed byandinterpreted,construed,andenforcedin accordance withtheinternallaws of Florida withotit regard to principles of conflicts of law.This agreement maybe enforced as provided in Section 163.3243,Florida Statutes,Venueforany litigation pertaining tothesubjectmatterhereofshallbe MIAMI 3293183.3 76813/29325 6 exclusively inMiami-Dade County Florida. 21.Enforcement In any litigation arising out ofthis 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%ofthe amount ofdamages awarded to the prevailing party and no party shall be entitled to pm-judgment interest In any injunctive or other action not seeking damages under this paragraph,legal fees may be awarded in the discretion ofthe court,but shall be reasonable and shall not exceed an hourly rate of $300.00 per hour. 22.Inspection.Nothing inthis Agreement shallbe construed towaiveorlimitthe City's governmental authority asa municipal corporation and political subdivision ofthe State of Florida.The Company therefore understands and agrees that any official inspector ofthe City of South Miami,orits 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 tut not limited to building and zoning regulations andthe conditions herein. 23.Authorization toWithhold Permits and Inspections.Intheeventthe Company is obligated to make payments or improvements under the terms of this Agreement and such payments arenot made as required,orsuch improvements arenotmadeas required,in addition toany other remedies available,theCityof South Miami is hereby authorized to withhold any further permits onthe portion of the Property failing to comply with this Development Agreement,and reftise any inspections orgrantany approvals,with regard tothat portion of the Property until such timethis DevelopmentAgreementiscompliedwith. 24.Representations ofthe Company.The Company represents totheCityas follows: (a)The execution,delivery and performance ofthis Agreement andallother instruments and agreements executed in connection withthis Agreement havebeen properly authorized bythe Company anddonotrequirefurther approval by Company. (b)This Agreement hasbeen properly executed,and constitutes Company's legal,valid andbindingobligations,enforceableagainst Company in accordance with its terms. (c)Therearenoactions,suitsor proceedings pending or threatened against or affecting Company beforeanycourtor governmental agency that would inany material wayaffect Company's abilitytoperformthis Agreement (d)Companyshallnotactin any waywhatsoever,directlyorindirectly,tocausethis Agreement tobe amended,modified,canceled,or terminated,exceptpursuanttoitsexpressterms,and MIAMI 3293183.3 7681.3/29325 7 shall takeall actions necessary to ensure thatthis Agreement shall remain In ftill force and effectat all times. (e)Company hasthe financial capacity topayor advance totheCityall fees and paymentsasrequiredunderthis Agreement 25.Severability.Intheeventthatany of the covenants,agreements,terms,or provisions contained in this agreement shall be invalid,illegal,orunenforceable in any respect,the validity ofthe remaining covenants,agreements,terms,or provisions contained herein shall beinno way affected,prejudiced,or disturbed thereby. 26.Waivers.No failure or delay by Company ortheCityto insist upon the strict performance of any covenant,agreement,term or condition of this Agreement,orto 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 ofthis 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,termandcondition of thisAgreementshallcontinueinfull force andeffectwith respect toanyotherthen existing orsubsequentbreachthereof. 27.AnnualReportandReview.It shall bethe responsibility ofthe Company to submit an annual report totheCity sufficient to fulfill the requirements as stated inthe provisions of Section 163.3235,Florida Statutes,and Ordinance No.05-05-2005.This agreement shall be reviewed annually onthe anniversary ofthe Effective Date of this Agreement The Company,orits assign,shall submit an annual report at least 30 days prior to theannual review date following the first annual report submitted in 2012 which shall be filed 30 days following the execution of this Amended Development Agreement,ifnot already submitted.All annual reports shall contain a section-by-section listing of what obligations havebeenmetandthe date finalized,asgood faith compliance withthe terms of the agreement.The city commission shall review the annual report ata public meeting.If the City Commission finds,onthe basis of substantial competent evidence,thai there has beena failure to comply with the terms ofthe Agreement,the Agreement may be revoked or modified bythe City.The obligation to submit an annual report shall conclude upon die date on which the agreement is terminated, MIAMI 3293183.3 76813/29325 28. following: For the City; Notices.Any notices or reports required by this Agreement shall be sent tothe Copy to: For the Company; Copy to: MIAMI 3293183.3 76813/29325 City Manager City of SouthMiami6130SunsetDrive SouthMiami,Florida 33143 Planning Director PlanningandZoning Department City of SouthMiami 6130 Sunset Drive South Miami,Florida 33143 SouthMiami Corporation Attn:BruceW.MacArthur, Chairman of the Board 5750 Sunset Drive SouthMiami,Florida 33143 And NadincHeidrich ChiefPinancial Officer Wirtz Corporation 680 N.Lake Shore Drive Suite 1900 Chicago,.Illinois60611 Jerry B>Proctor,Esq. Bitein Sumberg Bacna Price &Axelrod LLP 1450 Brickell Ave.,Suite 2300 Miami,Florida 33131-3456 29.Exhibits.All exhibits attached heretocontainadditionalterms of thisAgreement andareincorporatedhereinbyreference. 30.Amendment.ThisAgreementmaybeamended by mutualwrittenconsent of the cityandCompanysolongastheamendmentmeetsthe requirements of theact,applicable city ordinances and Florida law. 31.Entire agreement.ThisAgreementrepresentstheentireagreementandnoprior orpresentagreementsorrepresentationsshallbebindinguponeitherthecityorCompany,unless specifically incorporated herein by reference,whethersuch prior present agreements havebeenmade orallyorinwriting.Baoh party affirmatively represents thatno promises have been made tothat party that are not contained in this Agreement,and the Exhibits,and stipulates that no evidence of any promises not contained inthis Agreement,andthe Exhibits,shall be admitted into evidence onits behailf.This Agreement 9hall notbe supplemented,amended or modified byany course of dealing, course of performance orusesoftrade andmayonlybe amended ormodifiedbya written instrument dulyexecutedbyofficersofboth parties. 32.Third PartyBeneficiary.ThisAgreementisexclusivelyforthebenefit of the parties hereto and their Affiliates and it may notbe enforced by any party other than the parties to this Agreement and shall notgiveriseto liability toany third party otherthanthe authorized successors and assignsof thepartieshereto, 33.Periods of Time.Wheneverany determination istobemadeoractionistobe taken ona date specified in this Agreement,if such date shall fall on a Saturday,Sunday or legal holiday,then in such event said date shall beextended to the next day which isnota Saturday,Sunday orlegalholiday. 34.Counterparts.This Agreement maybe executed (including by facsimile)inone ormore counterparts,andbythedifferent parties hereto in separate counterparts,each ofwhichwhen executed shall be deemed tobean original butall of which taken together shall constitute one and the same agreement. 35.Recordation,Within20 days aftertheAmendedDevelopmentAgreementhas been signed by both the Company and the City,theCity shall cause a copy of the Amended Development Agreementtobe recorded atthe City's expense inthe registry of deeds in Miami-Dade County. 36.Abandonment of Riglit-of-Way.TheCity agrees to abandon the right-of-way adjacent tothe property to the buildable line,The Company shall contemporaneously grant to the City an easement from the right-of-way adjacent tothe property tothe 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 extendingoutovertheCity'seasementshallprovidetheCitywith clearance as provided inthe Hometown Overlay District inthe Land Development Code (10-feet minimum). PASSEDANDDULYADOPTEDbytheCity Commission of South Miami,Florida, this4thday of December,2012. APPRO CLERIC^jf-~-^2CfY MANAGER DATED:^/^-/^u ^>6aTED:^~'7~O MIAMI 3293183.3 76813/29325 10 READ AND LANGU TJ AGREED TO this /3 day of DRM CUTION ,2012. Witnesses: Print Name Print Name •^SOUTI^MIAMI CORPORATION V*"* W.Rockwell Wlrtz^resident CXVtfte^resic STATE OF ILLINOIS COUNTY OF COOK ) )SS: ) The foregoing instrument was acknowledged before me this IfrTti day of Ltel\g^fegXt>a012.by ^>mvL^yxM^He/Sh*is personally known to me or produced.as identification, My Commission Expires: OFFICIAL SEAL CYNTHIA EKR0H NOTARYWBUO,STATEOP ILLINOIS MY COMMISSION EXPIRES 08/23/2016 MIAMI 3293183.3 76813/2M25 Sign Name:l^yQgu^O £M^-iy^- PrintName:WtOTYUfo £•K-EAT-tA NOTARY PUBLIC Serial No,(none,ifblank): [NOTARIAL SEAL] 11 LEGAL DESCRIPTION Lots,6,7,8,9,40,41,42,43,44,45,53,54,55,56,. 57,58,59,60,61,6.2,63,64,65,66,and the east 50 feet of fcoW 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. .i ...•-,.♦♦«t--tF-r -••« EXHIBIT "A" ...ORDINANCE MO,05-05-1827 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORID A ADOPTING A DEVELOPMENT AGREEMENT. FORSUAJNT TOFLORIDA STATE STATUE 1613221.FOR AUNIFIED DEVELOPMENT PROJECT KNOWNAS "PROJECT SUNSET*WHICH WILL INCLUDE THREE BTfILDB?GS UP TO FOUR (4)STORIES IN HEIGHT AND THEFOLLOWING USES:108 MULTI-FAMILY RESIDENTIAL UNTO, RETAIL USES,OFFICE USES.RESTAURANTS,BANKAND PARKING GARAGES;ALL FOR PROPERTY LOCATED GENERALLY AT 5750SUNSET DRIVEANDLEGALLY DESCRIBED AS LOTS 6THRU9,40 THRU45,53 THRU 66 INCLUSIVE AJB>TttE EAST 50 FEET OF LOTS 51 AND 52 OF W,A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE19?OFTHEPUBLIC RECORDS OF MIAMI-DADE COUNTY;PROVIDINGFORSEVERABILITY?PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE WHEREAS,in 2005 the Soufii Miami Corporation is requesting approval -of a Development Agreement for a 4.5 acre proposed unified development tobe called "Prcgeot Sunset"whichwill include a total of 108 dwelling units and S7.2U square feet of cominercial space on property located generally at5750Sunset Drive andlegallydescribed asLots6thru 9,40 thru 45,53 thru66inclusiveandthe east 50 feet of Lots 51 and 52 ofW.A*Larkins subdivision according to the plat thereof recorded in plat book 3atpage 198 of ike public record*ofMiami-Dade County;and WHEREAS,the Oity Commission at its March 1,.2005 meeting adopted a resolution allowing two special exceptions and adopted a specialise resolution permitting the location offour restaurants in theunifieddevelopment;and WHEREAS,the Florida Local Government'Development Agreement Act,set*forth in sections 1.63.3220-1.63.3243,Florida Statutes,provides for theexecution of-development agreements to insure that the law and regulations in effect atthetime ofthe execution of the development agreement shall govern thedevelopment of theland fonbe.duration of the agreement;and WHEREAS,the South Miami Corporation has proposed the execution ofa development agreement wi&the City of South Miami pertaining to the mixed use project entitled "Project Sunset* which agretoent would set forth all of the conditions and commitments required bythe Cily resulting from the approval of the special exception and special userequests;and WH3SREAS,the Planning Board at a meeting on February 22,2005 after a public bearing, adopted a motion bya vote of4 aye 1 nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions,which have been included inthe draft agreement; and WHEREAS,the Mayor and City Commission of the City of Sxmth Miami desire to accept the recommendation ofthe PlanningBoard. NOW,THEREFORE,BEITORDAINEDBYTHE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1Thata Development Agreement,attached a*Exhibit "A*'as amended 'during the Mafeh 15.2005 public hcarim?.and dated March 15r 2005 between the City of South Miami,Florida,and the South Miami Corporation pertaining to a 4.5 aers proposed EXHIBIT "B" Ord.No,05-05-18*7 unified development tobe called 4lProjeet Simset"which will include a total of 108 dwelling units and 87,212 square feet of oommeroial space on property located generally at 57.50 Sunset Drive and legally described as Lots5 thru 9,40 thru 45,S3 thru 66inclusiveandtheeast50feet of Lots51and52of W. A.Larldns subdivision according tothe plat thereof recorded in Plat Book3 at page 198 ofthe public records of MiamM)&dc Countyis approved. Section2 If any section,clause*sentence,orphrase ofthis ordinance fcfbr anyreason heldinvalid or unconstitutional bya courtnfcompetent jurisdiction,this holding ehallnot affectthevalidityofthe remaining portions of this ordinance. Section3 All ordinances or parts of ordinances inconflict with theprovisionsofthis ordinance are hereby repealed. Section4Thisordinanceshallbeeffectiveimmediatelyaftertheadoptionhereof. •PASSED AND ADOPTED this f<^day of ATTEST;APPROVED: ,2005 fe£<&*4-,"^#^gW ltt Reading-3/1/05 'fc»aing-3/i5/05 APPROVED AS TO FOKM: rhment;Exhibit"A"Development Agreement E:\Comra Hejm\2O05\3 -l-05VDcvclopmcnt Agreement BankOr&doc COMMISSION VOTE:4-1 Mayor Russell:Yea ViceMayor Palmer:.'.'Yea Coirrfssioner Wiscombe:Yea Cbmnnssioner Birts-Cooper:¥e a Commissioner Sherar Nay V? Ord.No,18-05-1840 Section S This ordinance shall be effective immediately after theadoption hereof. ! PASSED AND AD&H1D Oris l*r*day of %*l^-.2W5 . ATTEST; rcmrCLERK^-* l11 Reading-S/7/05 2*iReadfcig-5/14/05 REAOAJ^APPRQVBD ASTO FORM: APPROVED: COMMISSION VOTE:4-0 Mayor Russell:yea^ Vice Mayor Palmer,abs en fc Commissioner Wiscombe!yea Commissioner Birts-Cooper:Yea CommissionerSherar Yea New wording underlined;wording to be removed irdiootzd bystrikeihrough \\MCX5RT^F\PlA>0>n>JOVCocun Itcms\2005^7»05\Devetopro»t Agresn»eaiJ>n>j8«Snastt Ort4©& r- Lu < Q i*mXL&tk%•••♦yjy^*! !L r-T'^T-i! ife I!: EXHIBIT "C" *dHi li b it ♦->**»*Page 1of I 20-5.14 •Certificates of occupancy. (A)CertlfiQate Required No land shall be used or occupied and no structure shall be altered, erected,moved,used or changed until a certificate of occupancy has been Issued by the building and zoning department stating that the structure oruse compiles with this Code and the Building Code. (B)Procedures. (1)Acertificate of occupancy shall be Issued only after construction has been completed and final Inspections havebeen conducted and approved, (2)Acertifioeteof occupancy shall be Issued within ten (10)working days after completion of construction ofsuch structure,subjectto: (a)inspection by the building official to determine compliance with all applicable provisionsofthisCode;and 0)Compliance with the Building Code and all other applicable regulations. (3)In the event of a question concerning the legality ofa use,the director may require affidavits and such other Information asdeemed necessary before Issuance ofa certificateof occupancy. W A record of all certificates of occupancy shall be kept on file in the building and zoning department. EXHIBIT ,fDw http://library.mumcod^^12/20/2012 Jvfomcode OJR BK 3»5d7 PG OS87 LAST PAGE Page1 Of 1 20-7.30-Unity of Title required. (A)AUnity of Title,as set forth In Section 2Q-5.16,is required for all platted lots In any development projeot within the HD ifany ofthe following conditions exist: (1)If a development project Is to be built on two (2)or more abutting platted lots; <2)If the permitted density of a development project is based upon the averaging of two (2)or more platted lots either abutting or located on the opposite sides of a public right -of-wayoralley; (3)If the.required parking for adevelopment project is located on a lot other than on the sitewhich Is generating the required parking. <Ort.No.23-99-W7.§4t 11-16-99;Ort.No.05-07*1906,§t,2-20-07;Ort.No,25-10-2050,§2,9-7-10) STATE OfFLORIDA.COUNTY OF .W*D£J^W^S^1HBRE3Y CERTIFY M Ufa kaJnapPK 0**»M^^P^K origin tIM to m<&zop __*s£2±—,M*ik{frH ^J^^**U5-u ^ HARVEY RUW,CI http://library,municode.com/print.aspx?h-&clientID-12667&HTK^12/20/2012 tofunicode Page1 of I 20-5.14 -Certificates of occupancy. (A)Certificate Required.No land shall be used or occupied and no structure shall be altered, erected,moved,used or changed until a certificate ofoccupancy has been issued by the building and zoning department stating that the structure oruse compiles with this Code and the Building Code. (B)Procedures. (1)Acertificate of occupancy shall be Issued only after construction has been completed andfinalinspectionshavebeenconductedandapproved. (2)Acertificate of occupancy shall be Issued within ten (10)working days after completionofconstructionofsuchstructure,subjectto: (a)Inspection by the building official to determine compliance with all applicable provisions ofthis Code;and (b)Compliance with the Building Code and all other applicable regulations. (3)In the event ofa question concerning the legality ofause,the director may require affidavitsand such other information as deemed necessary before issuance ofa certificate of occupancy. W A record of all certificates of occupancy shall be kept on file in the building and zoning department. EXHIBIT "D" http;//library.muricode.co^12/20/2012 OR Bl<28507 PG 08S7 LAST PAGE .Municode Page 1of1 20-7.30 -Unityof Title required. (A)A Unity of Title,as set forth In Section 20-5.16.is required for all platted lots In any development project within the HD If any ofthe following conditions exist: 0)If a development project Is to be built on two (2)or more abutting platted lots; (2)If the permitted density of adevelopment project is based upon the averaging of two (2)ormore platted lots either abutting or located on the opposite sides ofa public right -of-way or alley; (3)If the required parking for a development project is located on a lot other than on the sitewhichis generating the required parking. (Ord.No.23-99-1697.§4%11-16-99;Ord.No.05-07-1906,§1,2-20-07;Ord.No.25-10-2050,§2,9-7-10) STATE OF FLORIDA.COUNTY OF UhDE .^^2j^/HERESY CERTIFY ft*tita *qjty*uwv <**»M,y.•-N& http://iibraiy,municodcxorn/print.aspx?h=&clientID-12667&HTM 12/20/2012