The URL can be used to link to this page

8TO: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Hon. Mayor, Vice Mayor and Commissioners Date: August 1,2012 FROM: Thomas F. Pepe City Attorney 8 Subject: Development Agreement Resolution RE: Metro South Senior Apartments Limited Partnership A Resolution to consider the adoption of a development agreement proposed by Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which will require concessions, including parking and height variances and which will either be rejected, accepted or accepted with amendments. Metro South Senior Apartments Limited Partnership, a Florida Limited Partnership ("Metro South"), requested relief under the Florida Land Use and Environmental Dispute Resolution Act, Fla. Stat. §70.S1 (2011) ("FLUEDRA") from the March 20,2012 action of the City of South Miami's ("City") denial of Metro South's application for'a zoning boundary change concerning a split zoning condition on property located at 6101 Sunset Drive. The subject property is comprised of three adjoining lots, located at the comer ofS.W. 61 st Avenue and Sunset Drive. The southern lot fronting on Sunset Drive and the middle lot are both zoned MU-S. The rear or northern most lot falls within the boundary of the MU-4 zoning category, which limits development to a height of two stories. This property is surrounded on all sides by areas within the MU-S boundary (permitting up to 8 stories) and Medium Intensity Office ("MO") areas which permit up to 4 stories. Metro South's application came before the City planning staff and representatives of Metro South, the Commission voted 4-1 in favor of granting the application. The denial was unreasonable from a land planning perspective. By its action, the City unreasonably refused to rectifY an obvious and undesirable land planning anomaly caused by location of the boundary between MU-4 and MU-S within a city block already surrounded by higher existing development and higher allowable development. Aside from the negative aesthetics of the resulting neighborhood "canyon", perpetuation of the split zoning causes design constraints that unreasonably impair the ability of Metro South to provide affordable apartments of industry standard size. See Attachment A which is the final proposal made by Metro South after its review ofthe City's suggested changes. In addition, Metro South has made the following proposals for changes to the development agreement: Metro South deliversed all the exhibits with labels to the City Clerk's office which should include a letter size set of the exhibits (so they can be appended to the attached Agreement). Also included should be a full size plan pages for the survey (Exhibit A) and site plan documents (Exhibit B) with corresponding labels, in case that makes it easier for viewing. Metro South believes that the residential parking ratio in Metro South's proposed agreement could be raised to 1.0 (ensuring one space for each of the 91 units), and the commercial space could be reduced by 1,200 square feet to accomplish this. This would leave 91 spaces for the residential and 15 spaces for the ground floor commercial. According to Metro South, this might mean some parking spaces go unused (research indicates much lower parking ratios are necessary to supply adequate parking for senior housing), it would raise the residential ratio to 1.0, albeit at the expense of commercial space. Ifthis were more desirable to the city, paragraph 6(a) could read: (a) Residential Parking Adjustment. The Commission hereby approves the parking depicted in Exhibit B to include a total of 106 spaces, 91 of which are for the 91 dwelling units proposed (reflecting a residential parking ratio of 1.0 instead of 2.0) and 15 of which will meet commercial parking requirement for 1,445 square feet of commercial square footage located on the ground floor. Metro South also proposes that another solution might be to keep the commercial square footage at the originally proposed 2,645 square feet but concur that the applicable commercial parking ratio is 1 space per 400 square feet instead of 1: 1 00 that was assumed originally. (Metro South designed for the most demanding commercial ratio, even though actual tenants who might occupy the space might qualify for the 1 :400 ratios). If the lower commercial ratio applied, even more spaces could be devoted to the residential ratio. The City's Chief Financial Officer has expressed concerns with section 10 concerning Taxation. He does not feel that the provision substituted by Metro South in place of the City's suggested language found in Attachment B ("Taxation. In the event that the developer changes to a non-profit ownership entity, Developer shall not apply for any exemption that affects the taxable value of the property.") and if the ownership/developer does apply to the IRS to be designate as a 501c3 and meets the federal qualifications and ifit is ultimately designated a 501c3 and then supplies/applies to the County property appraiser the federally issued 501c3, and they meet the other state requirements, the County property appraiser has no jurisdiction to deny their request and will treat them and the property as such. A PILOT may be an option. He has otherwise approved the resolution from a financial standpoint. See Attachment B which contains modification and suggestions by the Director of Planning and Zoning, various commissioner members and comments by the City's Building Director. The most significant concern ofthe City'S Building Director is the inability to meet a date certain for the issuance of a building permit by his office. In addition, Standard permit fees usually collected by the Building Department WILL NOT BE WAIVED for work done by independent contractors. All work logs maintained by independent contractors must still be reviewed and approved by City staff. Under no circumstance can the issuance of a building permit can be guarantee by any date, as several aspects of the approval process are controlled by the County Permit Center (PERA) over which the City has no control or authority. The issuance of a CSM building permit by September 15,2012 CAN NOT be guaranteed by the Building Department as there are multiple concurrent approvals required by entities not under the department's control, including DERM, WASA and Fire departments of Miami-Dade County not under the City's control. The Planning and Zoning Director gave the following information to the Developer: On May 18,2012 Beneficial Communities was given the information that was previously provided to Mr. Dusan Peric with Beneficial Communities, regarding the requirements for preliminary and final review by the Environmental Review and Preservation Board (ERPB). It was advised that this Board acts in the capacity similar to a Board of Architects. At that time a copy of the ERPB application was attached to an e-mail to it. FedEx delivered the preliminary plans to the Director's office. On April 18, 2012 Beneficial Communities was strongly urged to complete the preliminary (architectural) approval before submitting for final because if the Board requires changes or amendments to the architectural submittals, these changes will have to be reflected in the final construction drawings before it could proceed to permit. Beneficial was advised that, in the past, the Board has deferred reviews and approvals to subsequent meeting dates until their recommended changes or conditions are incorporated. It was also advised that should it decide to go to final review, it would also be required to provide the following In addition to the requirements that were previously sent to them: 1. Electrical, Mechanical (HV AC), Plumbing and Structural plans (MEPS) (8-sets) 2. All energy computations 3. Digital Copy of the submittal in a PDF format, to include all materials consistent with your entire hardcopy submittal. Attachments: Attachment A -Metro South's Proposed Development Agreement Attachment B -Development Agreement with Additional provisions supplied by various commissioners, city staff, including City Planning and Zoning Director and Comments by City Building Director. Attachment C -LDC, 20-8.8 Parking Attachment D -Comparison between Attachment A and B 1 RESOLUTION NO. _____ _ 2 3 A Resolution to consider the adoption of a development agreement proposed 4 by Metro South Senior Apartments Limited Partnership, pursuant to 5 sec.70.S1 and 163.3225, Fla. Stat., for the construction of commercial space 6 and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, 7 Florida, which will require concessions, including parking and height 8 variances and which will either be rejected, accepted or accepted with 9 amendments. 10 11 WHEREAS, Metro South Senior Apartments Limited Partnership ("Metro South") 12 sought rezoning of a portion of the property located at 6101 Sunset Drive, South Miami, Florida 13 which was denied by the City of South Miami ("City"); and 14 15 WHEREAS, Metro South made a demand for mediation pursuant to sec.70.51, Florida 16 Statutes; and 17 18 WHEREAS, Metro South and the City have been engaged in mediation proceedings 19 pursuant to sec. 70.51, Florida Statute, which has resulted in a development agreement proposed 20 by Metro South; and 21 22 WHEREAS, it is the obligation of the City to review the proposed development 23 agreement pursuant to sec. 70.51, Florida Statute, and to either reject it, approve it or approve it 24 with amendments. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1: The City Commission hereby the development agreement 30 proposed by Metro South Senior Apartments Limited Partnership. 31 32 Section 2. If any section clause, sentence, or phrase of this resolution is for any reason 33 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 34 the validity of the remaining portions of this resolution. 35 36 Section 3. This resolution shall become effective immediately upon adoption by vote of 37 the City Commission. 38 39 PASSED AND ADOPTED this __ day of ,2012. 40 41 42 ATTEST: APPROVED: 43 44 45 46 CITY CLERK MAYOR Page 1 of2 1 2 3 4 5 6 7 8 READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: Page 2 of2 ATTACHMENT A DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this __ day of ,2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation ("City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a Florida Limited Partnership ("Developer") for the purposes of implementing the resolution of a land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and Environmental Dispute Resolution Act ("FLUEDRA"), and establishing the development rights and obligations of the Developer for certain real property located within the City in accordance with the applicable provisions of §§ 163.3220 -163.3243, Florida Statutes (2012) ("the Development Agreement Act"). RECITALS WHEREAS, Developer is the equitable owner of land located within the City at 6101 Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein (hereafter "Property'), having contracted to purchase same from its present legal owner, 6101 Sunset LLC, for the purpose of developing a senior housing project; and WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA mediation held June 8,2012, upon the Developer's timely petition for relief concerning the City's March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split zoning condition on the Property; and WHEREAS, the § 70.51(17)(a) mediation conducted June 8, 2012 resulted in the mutually acceptable solution of presenting for the City Commission's consideration modifications to Developer's proposed use of the Property intended to address the articulated concerns of the both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed the FLUEDRA proceedings with a recommendation to consider implementation of mutually acceptable modifications by development agreement pursuant to FLUEDRA § 70,51(19)(c) and § 163.3225 of the Development Agreement Act; and WHEREAS, the Site Plan documents attached hereto and incorporated herein as composite Exhibit "8" depict the project modifications developed through the referenced mediation process and were submitted to the City on June 29, 2012; and WHEREAS, on July 31,2012, the City Commission considered entry of this Agreement at a public hearing, after publishing notice of same on or before July 21, 2012 and after a Notice of Intent to Consider this Agreement was mailed on July 6, 2012 to the to all property owners, as reflected on the current year's tax roll, lying within 500 feet of the Property (via certified mail to continuous owners); and WHEREAS, on August 7,2012, the City Commission considered entry of this Agreement at a second public hearing, after publishing notice of same on or before July 27, 2012 and after announcing at the first public hearing the day, time, and place of said second public hearing; and WHEREAS, the City Commission finds that the Property possesses desirable and requisite characteristics to accommodate the 91 unit senior apartment project depicted in the Site Plan documents attached as Exhibit B, and that the project is consistent with the land use designation for the Property under the City's Comprehensive Plan and in keeping with the policies of the Transit Oriented Development District ("TODD") in which the Property is located; and WHEREAS, the Commission further finds that the project depicted in the Site Plan attached as Exhibit B complies with the requirements of the MU-4 and MU-5 zoning requirements applicable to the Property except for the adjustments to height and parking requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking requirements in order to relieve hardship to Developer of meeting parking ratios that substantially exceed industry standards for senior housing and to facilitate the City's request that the Developer provide more street level commercial space and associated parking than originally designed; and an increase from the two story height limitation of MU-4 on the north side of the proposed building to permit a 4 story to 2 story step-down height transition, in order to facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed zoning boundary change for the northern portion of the Property (subject of the instant FLUEDRA petition), and to meet the City's request for a more aesthetic height transition from the MU-5 portions of the Property to adjacent MU-4 district than originally proposed; and WHEREAS, in accordance with Section 70.51 (22), Florida Statutes, this Agreement constitutes the written decision of the City regarding the uses available to the Property; and WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the dispute raised in its FLUEDRA petition; and NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The above recitals are true and correct, and incorporated herein and made part of this Agreement. 2. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this Agreement. 3. Intent. It is the intent of the City and Developer that this Agreement shall be adopted in conformity with the FLUEDRA and the Development Agreement Act and should be construed and implemented so as to effectuate the purpose and intent of those Acts. 4. Comprehensive Plan Consistency. The City Commission has determined that the mixed uses permitted by this Agreement would be consistent with the Future Land Use designation of the Property and would promote the policies of the City's Comprehensive Plan and the City's Transit Oriented Development District ("TODD"). 5. Current Zoning. The Property is comprised of three contiguous platted lots and lies within the City's TODD boundary. The southernmost lot fronting on Sunset Drive and the center lot are presently zoned MU-5, and the northernmost lot is zoned MU-4. 6. Zoning Consistency. The City and Developer agree that the zoning consistency of the Site Plan attached hereto as Exhibit B is to be determined according to the City zoning regulations in effect on March 20, 2012, the date of government action subject of Developer's FLUEDRA petition. The City Commission has determined that the mixed uses permitted by this Agreement are consistent with the MU-5 and MU-4 zonings so applicable, except that certain mutually beneficial adjustments to residential parking and height requirements are appropriate and permissibly approved upon entry of this Agreement under FLUEDRA § 70.51 (19)-(21). Specifically, the City Commission has determined that the following adjustments are appropriate under the facts and circumstances: (a) Residential Parking Adjustment. The Commission hereby approves the parking depicted in Exhibit B to include a total of 106 spaces, 79 of which are for the 91 dwelling units proposed (reflecting a residential parking ratio of .87 instead of 2.0) and 27 of which will meet commercial parking requirement for 2,645 square feet of commercial square footage located on the ground floor. (b) Northern Lot (MU-4) Height Adjustment. The Commission hereby approves the northern lot height increase depicted on Exhibit B to permit approximately 4 stories in height (52'), stepping down to 2 stories at the northern wall. 7. Site Plan Approval. Entry of this agreement shall constitute final site plan approval of the Site Plan attached as Exhibit B, and the Developer may proceed to obtain building permits for construction in substantial compliance therewith in accordance with City zoning and building regulations in effect as of March 20, 2012. 8. Concurrency. The Developer shall meet City concurrency infrastructure requirements applicable as of March 20, 2012, if any, necessary for construction of the project depicted in Exhibit B including, but not limited to traffic, water, sewer, roads and drainage. Upon issuance of a certificate of occupancy, the Developer shall pay the sum of $30,000.00 to the City in full satisfaction of Developer's contribution obligations for parks I open space, if any, for the affordable housing project depicted in Exhibit B. a. Drainage. The Developer shall provide drainage as required by law in accordance with the Rules of the Department of Environmental Regulation and the South Florida Water Management District and the regulations of the City's Code. b. Water and Sanitary Sewer. As required by law, the Developer shall comply with the requirements of the City's Water utility provisions of water and sewer services. c. Water and Sanitary Sewer Distribution Lines. Developer is responsible for construction of water and sanitary sewer distribution lines, collection lines, pump stations, lift stations and fire hydrants within the boundaries of the Property. Such construction shall be undertaken in accordance with the City's standards and specifications and shall be inspection and approved by the City. d. Solid Waste Collection. The Developer shall provide waste collection service to the Property through a solid waste collection franchise previously approved by the City e. Law Enforcement. The City provides police service to the Property. f. Fire Rescue and Emergency Medical Services. Miami-Dade County provides fire rescue and emergency medical services to the Property. g. Traffic. The City is responsible for Levels of Service and concurrency determinations for local City roadways. The Developer shall meet traffic requirements of the City's code as applicable on the effective date of this Agreement. h. Landscaping. Landscaping on the property shall be in substantial compliance with the landscape plan attached hereto as Exhibit C (Landscape Plan). Owner covenants and agrees that it shall, perpetually and at all times, care for and maintain all plants, trees and shrubs in a professional and diligent manner to insure substantial compliance with the Landscape Plan. Owner shall regularly monitor the health and appearance of the landscaping and, where necessary, shall replace dead or permanently damaged plants, trees or shrubs with like or similar plant material to insure substantial compliance with the Landscape Plan. Failure of Owner to comply with this section shall constitute a civil offence enforceable under the Code Enforcement provisions of the City Code. 9. Construction Permitting. Subject to the other provisions of this Agreement, the failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. The parties agree that the Developer will be required to comply with the City building code and permitting requirements in effect as March 20, 2012, or as otherwise provided by this Agreement. The Developer shall pay fees and costs imposed by the City and Miami-Dade County, if any. 10. Taxation. In the event that the Developer changes to a non-profit ownership entity, Developer shall not apply for any exemption that affects the taxable value of the property. 11. Due Diligence and Time of Essence. The City and Developer acknowledge that time is of the essence in implementing this Agreement and processing related building permits, given the tax credit financed nature of the Developer's proposed project. Upon execution of this Agreement, the City and Developer shall immediately commence all reasonable actions necessary to fulfill their obligations hereunder and likewise agree to use their best efforts to expeditiously process construction permitting. The City further agrees that all necessary plan review inspections will be conducted by the City Building Department on a timely and efficient basis, except that the City agrees to allow the use of qualified independent third party building inspectors (at Developer's expense) to conduct plan reviews and inspections as neces'sary to comply with the terms of this Agreement and to facilitate the valid issuance of building permits (or a building permit ready letter) for the project depicted in Exhibit B, on or before September 15, 2012. 12. Effective Date. This Agreement shall become effective upon delivery of a copy of this Agreement, signed by the City Manager, to the Developer ("Effective Date"). 13. Duration. The term of this Agreement shall be for a period of 20 years from its Effective Date, unless this Agreement is terminated as provided for herein or extended as may be provided for in Section 163.3229, Florida Statutes. Any amendments to the Agreement within the term shall comply with the statutory requirements of Section 163.3220-3243, Florida Statutes. 14. Recording. The City shall record a copy of this Agreement in the public records of Miami-Dade County as soon as practicable after its execution by the City Manager and the Developer (and in any event, within 14 days of adoption by the Commission) and shall also submit a copy to the Florida Department of Economic Opportunity within 14 days of recordation. If this Agreement is amended, extended, terminated, revoked, or nullified, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Economic Opportunity. 15. Termination. The Developer may terminate this Agreement upon written notice if building permits (or a building permit ready letter) are not issued by September 15, 2012 or if for any reason beyond Developer's control it is unable to close on the purchase of the Property from its present legal owner. This Agreement may otherwise be terminated by mutual written consent of the parties pursuant to the same the notice requirements for the initial adoption of a development agreement. 16. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the City and the Developer, as well as their respective successors in interest and assigns. In the event of an Assignment of this Agreement, the Developer shall provide notice to the City as provided herein. 17. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and judicial venue for any actions between the parties arising from this Agreement shall be in Miami-Dade County, Florida. 18. Enforcement. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 20. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 21. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and is the only agreement reached concerning the Site Plan attached as Exhibit B. All preceding discussions pertaining to the development of the Property as depicted in Exhibit B were had pursuant to law and subject to full consideration by the City Commission at duly noticed public hearings. 22. Notices. The parties designate the following persons as representatives to be contacted and to receive notices, if any, regarding this Agreement. For the City: City Manager 6130 Sunset Drive ==================~South MiamLEL 33143 with a copy to: City Attorney 6130 Sunset Drive South Miami, FL 33143 For the Developer: with a copy to: Metro South Senior Apartments Limited Partnership Mr. Donald Paxton 2206 Jo An Drive Sarasota, FL 33231 [REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: _______ _ Print Name: _______ _ STATE OF FLORIDA COUNTY OF MIAMI-DADE Metro South Senior Apartments Limited Partnership, a Florida limited partnership 8y: __________ _ Name: _______ _ Title: ________ _ The foregoing instrument was acknowledged before me this _ day of ,2012, by , as of Metro South Senior Apartments Limited, a Florida limited partnership, who is personally known to me, or who has produced _______ _ as identification and who did/_ not take an oath. Notary Seal Notary Public, State of Florida Print Name: _________ _ My Commission Expires: _____ _ *** NO FURTHER TEXT ON THIS PAGE*** Attested: ~ Maria Menendez City Clerk Witness ---------------------- Witness ____________________ __ STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF SOUTH MIAMI 8y ____________________ _ Hector Mirabile, PhD. Ci!YJYlanager Approved as to form, language, legality and execution thereof: By Thomas F. Pepe City Attorney The foregoing instrument was acknowledged before me this _ day of , 2012, by Hector Mirabile, PhD., as City Manager of the City of South Miami, on behalf of City Commission, who is personally known to me. Notary Public, State of Florida My Commission Expires: ATTACHMENT B DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this __ day of , 2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation ("City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a Florida Limited Partnership ("Developer") for the purposes of implementing the resolution of a land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and Environmental Dispute Resolution Act ("FLUEDRA"), and establishing the development rights and obligations of the Developer for certain real property located within the City in accordance with the applicable provisions of §§ 163.3220 -163.3243, Florida Statutes (2012) ("the Development Agreement Act"). RECITALS WHEREAS, Developer is the equitable owner of land located within the City at 6101 Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein (hereafter "Property'), having contracted to purchase same from its present legal owner,6101 Sunset LLC, for the purpose of developing a senior housing project; and WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA mediation held June 8, 2012, upon the Developer's timely petition for relief concerning the City's March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split zoning condition on the Property; and WHEREAS, the § 70.51(17)(a) mediation conducted June 8, 2012 resulted in the mutually acceptable solution of presenting for the City Commission's consideration modifications to Developer's proposed use of the Property intended to address the articulated concerns of the both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed the FLUEDRA proceedings with a recommendation to consider implementation of mutually acceptable modifications by development agreement pursuant to FLUEDRA § 70,51(19)(c) and § 163.3225 of the Development Agreement Act; and WHEREAS, the Site Plan documents attached hereto and incorporated herein as composite Exhibit "8" depict the project modifications developed through the referenced mediation process and were submitted to the City on June 29, 2012; and WHEREAS, on August 7,2012, the City Commission considered entry of this Agreement at a public hearing, after publishing notice of same on or before August 1,2012 and ~ mailing a Notice of Intent to Consider this Agreement to the to all property De'lelopersowners, as reflected on the current year's tax roll, lying within 500 feet of the Property (via certified mail to contiguous owners); and WHEREAS, on August 21, 2012, the City Commission considered entry of this Agreement at a second public hearing, after publishing notice of same on or before August 10, 2012 and after announcing at the first public hearing the day, time, and place of said second public hearing; and WHEREAS, the City Commission finds that the Property possesses desirable and requisite characteristics to accommodate the 91 unit senior apartment project depicted in the Site Plan documents attached as Exhibit B, and that the project is consistent with the land use designation for the Property under the City's Comprehensive Plan and in keeping with the policies of the Transit Oriented Development District ("TODD") in which the Property is located; and WHEREAS, the Commission further finds that the project depicted in the Site Plan attached as Exhibit B complies with the requirements of the MU-4 and MU-5 zoning requirements applicable to the Property except for the adjustments to height and parking requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking requirements in order to relieve hardship to Developer of meeting parking ratios that substantially exceed industry standards for senior housing and to facilitate the City's request that the Developer provide more street level commercial space and associated parking than originally designed; and an increase from the two story height limitation of MU-4 on the north side of the proposed building to permit a 4 story to 2 story step-down height transition, in order to facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed rezoning of the northern portion of the Property-·-;-(subject of the instant FLUEDRA petition), and to meet the City's request for a more aesthetic height transition from the MU-5 portions of the Property to adjacent MU-4 district than originally proposed; and WHEREAS, in accordance with Section 70.51 (22), Florida Statutes, this Agreement constitutes the written decision of the City regarding the uses available to the Property; and WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the dispute raised in its FLUEDRA petition; and NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 23. Recitals. The above recitals are true and correct, and incorporated herein and made part of this Agreement. 24. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this Agreement. 25.lntent. It is the intent of the City and Developer that this Agreement shall be adopted in conformity with the FLUEDRA and the Development Agreement Act and should be construed and implemented so as to effectuate the purpose and intent of those Acts. 26. Comprehensive Plan Consistency. The City Commission has determined that the mixed uses permitted by this Agreement would be consistent with the Future Land Use designation of the Property and would promote the policies of the City's Comprehensive Plan and the City's Transit Oriented Development District ("TODD"). 27. Current Zoning. The Property is comprised of three contiguous platted lots and lies within the City's TODD boundary. The southernmost lot fronting on Sunset Drive and the center lot are presently zoned MU-5, and the northernmost lot is zoned MU-4. 28.Zoning Consistency. The City and Developer agree that the zoning consistency of the Site Plan attached hereto as Exhibit B is to be determined according to the City zoning regulations in effect on March 20, 2012, the date of government action subject of Developer's FLUEDRA petition. The City Commission has determined that the mixed uses permitted by this Agreement are consistent with the MU-5 and MU-4 zonings so applicable, except that certain mutually beneficial adjustments to residential parking and height requirements are appropriate and permissibly approved upon entry of this Agreement under FLUEDRA § 70.51(19)-(21). Specifically, the City Commission has determined that the following adjustments are appropriate under the facts and circumstances: (a) Residential Parking Adjustment. The Commission hereby approves the parking depicted in Exhibit B to include a total of 144-spaces, 117 of which are for the 91 dwelling units proposed (refle~ti~~ar~~idential par~in~ rati~.of \~i~stead of 2.0) and 27 of which will me~t1.cofJ'lfJ'ler91alparkiog reqlJlrerneOI.r'nlfor 2,645 of commercial square footage located on the ground floor. (b) Northern Lot (MU-4) Height Adjustment. The Commission hereby approves the northern lot height increase depicted on Exhibit B to permit 4 stories (50), stepping down to 2 stories at the northern wall. 29. Site Plan Approval. The site plan shall comply with the approval process in accordance with City zoning and building regulations in effect as of March 20, 2012 as modified by this agreement. 3O-:-Concurrency. The Developer shall meet City concurrency infrastructure requirements applicable as of March 20, 2012, if any, necessary for construction of the project depicted in Exhibit B including, but not limited to traffic, water, sewer, roads and drainage. The Developer shall provide the city with one (1) acre of land, suitable for a park and satisfactory to the City or an amount of money equal to the average assessed value in the City of South Miami of one (1) acre of land a. Drainage. The Developer shall provide drainage as required by law--aA€I: in accordance with the Rules of the Department of Environmental Regulation and the South Florida Water Management District and the regulations of the City's Code. b. Water and Sanitary Sewer. Water and sanitary sewer service a?l~q~ired by law and=Developer shall comply with the requirements of ~h~,W~teJ"QtiUty! ['rgjprovisions of water and sewer services. c. Water and Sanitary Sewer Distribution Lines. Developer is responsible for construction of water and sanitary sewer distribution lines, collection lines, pump stations, lift stations and fire hydrants within the boundaries?fthe~rope~y. Such construction shall be undertaken in accordance with the ~QV@ty;~t~tldar€ls I ['l'3]and specifications and shall be inspection and approved by the City. d. Solid Waste Collection. The peveloper shall provide waste collection service to the Property through a solid waste collection franchise previously approved by the City~ e. Law Enforcement. The City provides police service to the Property. f. Fire Rescue and Emergency Medical Services. Miami-Dade County provides fire rescue and emergency medical services to the Property. g. Traffic. The City is responsible for Levels of Service and concurrency determinations for local City roadways. The Developer shall meet traffic requirements of the City's code as applicable on the effective date of this Agreement. h. Construction Permitting. Subject to the other provIsions of this Agreement, the failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or re~triGti?ns. ~h~ pa~i~sawee that the Developer will be required to comply with the ~ppnc:atne builping~Qd~,b:4Jand permitting requirements in effect as March 20, 2012± or as otherwise provided by this Agreement. The Developer shall pay fees and costs imposed by the City and Miami-Dade County, if any. 31. Land Development Code. The provisions of the City's current Land Development Code, including section 20-8.9, shall apply to this agreement, with the exception of review by the City's Planning Board, and unless otherwise provided in this Agreement. The City Commission shall be responsible for all reviews that section 20-8.9 requires. The Developer shall also comply with all other site plan review and revisions including the City's Environmental Review and Preservation Board ("ERPB"). 32. Taxation: The Developer shall not apply for any exemption that affects the taxable value of the property. In any event, the Developer agrees to pay the City any difference in the City's share of the ad valorem taxes that may result from an appraisal of the property on any basis other than one that is based on the highest and best use of the property. In the event that the property becomes exempt from taxation, the owner agrees to pay the same amount as would have been the City's share of the ad valorem taxes, based on the highest and best uses of the property, as the City would have received had the property not become tax exempt. 33. ..:t-2-:-Due Diligence and Time of Essence. The City and Developer acknowledge that time is of the essence in implementing this Agreement and processing related building permits, given the tax credit financed nature of the Developer's proposed project. Upon execution of this Agreement, the City and Developer shall immediately commence all reasonable actions necessary to fulfill their obligations hereunder and likewise agree to use their best efforts to expeditiously process construction permitting. The City further agrees that all necessary plan review and inspections will be conducted by the City Building Department on a timely and efficient basis to facilitate the valid issuance of building permits for the project depicted in Exhibit B. 34. Effective Date. This Agreement shall become effective upon delivery of a copy of this Agreement, signed by the City Manager, to the Developer ("Effective Date"). 35. Duration. The term of this Agreement shall be for a period of 20 years from its Effective Date, unless this Agreement is terminated as provided for herein or extended as may be provided for in Section 163.3229, Florida Statutes. Any amendments to the Agreement within the term shall comply with the statutory . requirements of Section 163.3220-3243, Florida Statutes. 36.. Recording. The City shall record a copy of this Agreement in the public records of Miami-Dade County as soon as practicable after its execution by the City Manager and the Developer (and in any event, within 14 days of adoption by the Commission) and shall also submit a copy to the Florida Department of Economic Opportunity within 14 days of recordation. If this Agreement is amended, extended, terminated, revoked, or nullified, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Economic Opportunity. 37. Termination. The Developer may terminate this Agreement upon written notice if building permits (or a building permit ready letter) are not issued by September 15, 2012 or if for any reason beyond Developer's control it is unable to close on the purchase of the Property from its present legal owner. This Agreement may otherwise be terminated by mutual written consent of the parties pursuant to the notice requirements contained in this Agreement. 38. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the City and the Developer, as well as their respective successors in interest and assigns and all future owners of the property for the term of this agreement. In the event of an Assignment of this Agreement, the Developer shall provide notice to the City as provided herein. 39. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and judicial venue for any actions between the parties arising from this Agreement shall be in Miami-Dade County, Florida. 40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 41. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 42. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and is the only agreement reached concerning the Site Plan attached as Exhibit B. All preceding discussions pertaining to the development of the Property as depicted in Exhibit B were had pursuant to law and subject to full consideration by the City Commission at duly noticed public hearings. 43. Notices. The parties designate the following persons as representatives to be contacted and to receive notices, if any, regarding this Agreement. For the City: with a copy to: For the Developer: with a copy to: City Manager 6130 Sunset Drive South Miami. FL 33143 City Attorney 6130 Sunset Drive .south Miami, FL 33143 Metro South Senior Apartments Limited Partnership Mr. Donald Paxton 2206 Jo An Drive Sarasota, FL 33231 [,AJtorney] [address] IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: _______ _ Print Name: _______ _ STATE OF FLORIDA COUNTY OF MIAMI-DADE Metro South Senior Apartments Limited Partnership, a Florida limited partnership 8y: __________ _ Name: ---------Title: ________ _ The foregoing instrument was acknowledged before me this _ day of ,2012, by , as of Metro South Senior Apartments Limited, a Florida limited partnership, who is personally known to me, or who has produced _______ _ as identification and who did/_ not take an oath. Notary Seal Notary Public, State of Florida Print Name: _________ _ My Commission Expires: _____ _ *** NO FURTHER TEXT ON THIS PAGE*** Attested: By: Maria Menendez City Clerk Witness· --------------------- Witness. _____________ _ STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF SOUTH MIAMI 8y ___________________ _ Hector Mirabile, PhD. City Manager Approved as to form, language. legality and execution thereof: By Thomas F. Pepe City Attorney The foregoing instrument was acknowledged before me this _ day of , 2012, by Hector Mirabile. PhD., as City Manager of the City of South Miami, on behalf of City Commission, who is personally known to me. Notary Public, State of Florida My Commission Expires: ATTACHMENT C 20-8.8 -Parking. (A) T.O.D.D. Parking Regulations. Parking in the T.O.D.D. must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. The Hometown District Parking Committee shall be charged with oversight of the supply, convenience, safety, and management of parking shall also be responsible for this district as well. (8) Required Parking. Within the T.O.D.D. District, the following adjustments to the number of parking spaces required by Section 20-4.4 (8) of the Code are provided: 1. Parking requirements, adjustments or bonus as indicated in the bonus allocation section (section 20-8.10). 2. All parking to be located at the rear of building. If not feasible, then the side of the building, but as noted in this section. 3. Parking spaces on the streets in front of property may be counted toward parking requirement. 4. 70% of required parking must be on-site, except as otherwise permitted by section 20- 4.4. 5. Off-site parking permitted with contractual obligations or in accordance with section 20- 4.4, except that the required covenant may be a long-term lease. That lease shall not be required to be longer than thirty (30) years. 6. Parking fees shall be permitted under the ordinance. 7. Off-site parking is permitted in accordance with_ section 20-4.4. In addition, the distance requirement shall be amended to allow for any location within the boundaries of this district. 8. No open air storage of vehicles is permitted. (C) Required Parking Uses. 1. Residential: A minimum of two (2) cars per unit is required for residential uses. 2. Commercial/Retail: One (1) space per 150 sq. ft. to 400 sq. ft. of gross floor area (see schedule section 20-7.12A). 3. Office: One (1) space per 200 sq. ft. to 400 sq. ft. of gross floor area (see schedule section 20-7.128). 4. Light Industrial: (a) One space per 100 sq. ft. to 1,000 sq. ft. (See schedule section 20-3.3 and 20- 4.4). (b) No parking of vehicles in driveway at any time. (c) In any area with light industrial uses, any vehicle under repair must be stored inside buildings at all times. (d) For light industrial uses, any garage areas must be totally enclosed and have garage doors closed when not in use. (0) Garages in MU-S. 1. At the rear of the property you may eliminate the setback requirement for garages only, if garage: backs to existing garage backs to permanent open space 2. May face Side Street but must have some fenestration as the rest of the building. 3. Underground parking defined as having more than sixty (60) percent of its structure below grade. 4. Garage structures must be designed or landscaped so as to either appear to be a floor of the building or obstructed from street view. 5. All garages must be at the rear of the building as required by subsection 20-8.8(8)(2). 6. The regulations for arcades or awnings shall apply to all garages. The ground floor on the sides facing any street shall contain any uses indicated on the permitted ground floor uses in section 20-8.5. Any exterior facing streets shall be designed to look similar to the facade of a commercial office building, unless amended by the city commission via special use permit procedures. 7. Freestanding garages, not to exceed six (6) levels in height, may be permitted on any site within the district (MU-5). (Ord. No. 9-97-1630, § 1,4-1-97; Ord. No. 14-07-1915, § 1,6-5-07) ATTACHMENT D DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this __ day of ,2012, by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation ("City) and METRO SOUTH SENIOR APARTMENTS LIMITED PARTNERSHIP, a Florida Limited Partnership ("Developer") for the purposes of implementing the resolution of a land use dispute pursuant to § 70.51 Florida Statutes (2012), the Florida Land Use and Environmental Dispute Resolution Act ("FLUEDRA"), and establishing the development rights and obligations of the Developer for certain real property located within the City in accordance with the applicable provisions of §§ 163.3220 -163.3243, Florida Statutes (2012) ("the Development Agreement Act"). RECITALS WHEREAS, Developer is the equitable owner of land located within the City at 6101 Sunset Drive, depicted and legally described in Exhibit "A" attached and incorporated herein (hereafter "Property'), having contracted to purchase same from its present legal owner,_6101 Sunset LLC, for the purpose of developing a senior housing project; and WHEREAS, the City and Developer have participated in a duly noticed FLUEDRA mediation held June 8, 2012, upon the Developer's timely petition for relief concerning the City's March 20, 2012 action on Developer's application for a zoning boundary change to rectify a split zoning condition on the Property; and WHEREAS, the § 70.51 (17)(a) mediation conducted June 8, 2012 resulted in the mutually acceptable solution of presenting for the City Commission's consideration modifications to Developer's proposed use of the Property intended to address the articulated concerns of the both the City staff and Developer, and accordingly, the presiding Special Magistrate recessed the FLUEDRA proceedings with a recommendation to consider implementation of mutually acceptable modifications by development agreement pursuant to FLUEDRA § 70,51 (19)(c) and § 163.3225 of the Development Agreement Act; and WHEREAS, the Site Plan documents attached hereto and incorporated herein as composite Exhibit "B" depict the project modifications developed through the referenced mediation process and were submitted to the City on June 29, 2012; and WHEREAS! on August 7July 31, 2012, the City Commission considered entry of this Agreement at a public hearing, after publishing notice of same on or before August 1July 21,2012 and ~ mailingafter a Notice of Intent to Consider this Agreement was mailed on July 6, 2012 to the to all property Developerso'lmersowners, as reflected on the current year's tax roll, lying within 500 feet of the Property (via certified mail to contiguous owners); and WHEREAS, on August ~Z, 2012, the City Commission considered entry of this Agreement at a second public hearing, after publishing notice of same on or before August WJuly 27, 2012 and after announcing at the first public hearing the day, time, and place of said second public hearing; and WHEREAS, the City Commission finds that the Property possesses desirable and requisite characteristics to accommodate the 91 unit senior apartment project depicted in the Site Plan documents attached as Exhibit B, and that the project is consistent with the land use designation for the Property under the City's Comprehensive Plan and in keeping with the policies of the Transit Oriented Development District ("TODD") in which the Property is located; and WHEREAS, the Commission further finds that the project depicted in the Site Plan attached as Exhibit B complies with the requirements of the MU-4 and MU-5 zoning requirements applicable to the Property except for the adjustments to height and parking requirements implemented by this Agreement pursuant to FLUEDRA, which the Commission finds to be in the interest of both the City and Developer, to wit: a reduction in residential parking requirements in order to relieve hardship to Developer of meeting parking ratios that substantially exceed industry standards for senior housing and to facilitate the City's request that the Developer provide more street level commercial space and associated parking than originally designed; and an increase from the two story height limitation of MU-4 on the north side of the proposed building to permit a 4 story to 2 story step-down height transition, in order to facilitate industry standard sizing of the proposed 91 dwelling units, resolve the disputed rezoning of . zoning boundary change for the northern portion of the Property .,-(subject of the instant FLUEDRA petition), and to meet the City's request for a more aesthetic height transition from the MU-5 portions of the Property to adjacent MU-4 district than originally proposed; and WHEREAS, in accordance with Section 70.51 (22), Florida Statutes, this Agreement constitutes the written decision of the City regarding the uses available to the Property; and WHEREAS, Developer agrees that the uses and the terms specified in this Agreement as applied to the Property are acceptable and, upon fulfillment of the terms hereof, resolve the dispute raised in its FLUEDRA petition; and NOW, THEREFORE, the City and Developer, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The above recitals are true and correct, and incorporated herein and made part of this Agreement. 2. Exhibits. All Exhibits to this Agreement are incorporated in and made part of this Agreement. 3. Intent. It is the intent of the City and Developer that this Agreement shall be adopted in conformity with the FLUEDRA and the Development Agreement Act and should be construed and implemented so as to effectuate the purpose and intent of those Acts. 4. Comprehensive Plan Consistency. The City Commission has determined that the mixed uses permitted by this Agreement would be consistent with the Future Land Use designation of the Property and would promote the policies of the City's Comprehensive Plan and the City's Transit Oriented Development District ("TODD"). 5. Current Zoning. The Property is comprised of three contiguous platted lots and lies within the City's TODD boundary. The southernmost lot fronting on Sunset Drive and the center lot are presently zoned MU-5, and the northernmost lot is zoned MU-4. 6. Zoning Consistency. The City and Developer agree that the zoning consistency of the Site Plan attached hereto as Exhibit B is to be determined according to the City zoning regulations in effect on March 20, 2012, the date of government action subject of Developer's FLUEDRA petition. The City Commission has determined that the mixed uses permitted by this Agreement are consistent with the MU-5 and MU-4 zonings so applicable, except that certain mutually beneficial adjustments to residential parking and height requirements are appropriate and permissibly approved upon entry of this Agreement under FLUEDRA § 70.51(19)-(21). Specifically, the City Commission has determined that the following adjustments are appropriate under the facts and circumstances: (a) Residential Parking Adjustment. The Commission hereby approves the parking depicted in Exhibit B to include a total of -1-44106 spaces, ~79 of which are for the 91 dwelling units proposed (reflecting a residential p~rking.r~t.i?0!.~:8!instead of 2.0) and 27 of which will m~~tGOmmer¢j€i1 paF~ing;r~quirf:lm~nth5Jfor 2,645 square feet of commercial square footage located on the ground floor. (b) Northern Lot (MU-4) Height Adjustment. The Commission hereby approves the northern lot height increase depicted on Exhibit B to permit approximately 4 stories {Win height (52'), stepping down to 2 stories at the northern wall. 7. Site Plan Approval. =R=teEntrv of this agreement shall constitute final site plan shall comply vvith-tRe-approval processof the Site Plan attached as Exhibit B. and the Developer may proceed to obtain building permits for construction in substantial compliance therewith in accordance with City zoning and building regulations in effect as of March 20,2012 as modified by this agreement..:. 8. Concurrency. The Developer shall meet City concurrency infrastructure requirements applicable as of March 20, 2012, if any, necessary for construction of the project depicted in Exhibit B including, but not limited to traffic, water, sewer, roads and drainage. The Developer shall provide the city with one (1) acre of land, suitable for a park and satisfactory to the City or an amount of money equal to the average assessed value in the City of South Miami of one (1) acre of land Upon issuance of a certificate of occupancy, the Developer shall pay the sum of $30,000.00 to the City in full satisfaction of Developer's contribution obligations for parks / open space, if any, for the affordable housing project depicted in Exhibit B. a. Drainage. The Developer shall provide drainage as required by law-afld in accordance with the Rules of the Department of Environmental Regulation and the South Florida Water Management District and the regulations of the City's Code. b. Water and Sanitary Sewer. Water and sanitary selNer service asAs requir:dbyl~~-afld, the Developer shall comply with the requirements of the City's ~~t~t:tJtiUty(6)provisions of water and sewer services. c. Water and Sanitary Sewer Distribution Lines. Developer is responsible for construction of water and sanitary sewer distribution lines, collection lines, pump stations, lift stations and fire hydrants within the boundaries of th:Pr?pe~r Such construction shall be undertaken in accordance with the P~UFl~yOjW'S stan,d~[a$+f7]and specifications and shall be inspection and approved by the City. d. Solid Waste Collection. The Developer shall provide waste collection service to the Property through a solid waste collection franchise previously approved by the City-:- e. Law Enforcement. The City provides police service to the Property. f. Fire Rescue and Emergency Medical Services. Miami-Dade County provides fire rescue and emergency medical services to the Property. g. Traffic. The City is responsible for Levels of Service and concurrency determinations for local City roadways. The Developer shall meet traffic requirements of the City's code as applicable on the effective date of this Agreement. h. Landscapina. Landscaping on the property shall be in substantial compliance with the landscape plan attached hereto as Exhibit C (Landscape Plan). Owner covenants and agrees that it shall, perpetually and at all times, care for and maintain all plants, trees and shrubs in a professional and diligent manner ~insure substantial compliance with the Landscape Plan. Owner shall regularly monitor the health and appearance of the landscaping and, where necessary, shall replace dead or permanently damaged plants, trees or shrubs with like or similar plant material to insure substantial compliance with the Landscape Plan. Failure of Owner to comply with this section shall constitute a civil offence enforceable under the Code Enforcement provisions of the City Code. a-~ Construction Permitting. Subject to the other provisions of this Agreement, the failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restricti~ns..The parties~gr~~t~~t the Developer will be required to comply with the ~PJlU9~bl~Cjty Pllildirng?~~q~li~jand permitting requirements in effect as March 20, 2012, or as otherwise provided by this Agreement. The Developer shall pay fees and costs imposed by the City and Miami-Dade County, if any. 44. Land Development Code. The provisions of Taxation. In the City's current Land Development Code, including section 20 8.9, shall apply to this agreement, v't'ith tJ:le-exception of revie'lJ by the City's Planning Board, and unless ethelwise provided in this Agreement. The City Commission shall be responsible for:-a.I.I revie'lJsevent that section 20 8.9 requires. The the Developer shall also compl-y-wffu all other site plan revie'lJ and revisions including the City!s Environmental Revie'lJ aM Preservation Board ("ERPB"). 1 O. Taxation: The changes to a non-profit ownership entity, Developer shall not apply for any exemption that affects the taxable value of the property. ffi--oo-y event, the Developer agrees to pay the City any difference in the City's share of the ad valorem taxes that may-result from an appraisal of the property on any basis other than one that is based on the highest aoo best use of the property. In the event that the property becomes exempt from taxation, the owner agrees to pay the same amount as would have been the City's share of the ad valorem taxes, based on the highest and best uses of the property, as the City would have received had the property not become tax exempt. 11. -t2-:-Due Diligence and Time of Essence. The City and Developer acknowledge that time is of the essence in implementing this Agreement and processing related building permits, given the tax credit financed nature of the Developer's proposed project. Upon execution of this Agreement, the City and Developer shall immediately commence all reasonable actions necessary to fulfill their obligations hereunder and likewise agree to use their best efforts to expeditiously process construction permitting. The City further agrees that all necessary plan review aM inspections will be conducted by the City Building Department on a timely and efficient basis-, except that the City agrees to allow the use of qualified independent third party building inspectors (at Developer's expense) to conduct plan reviews and inspections as necessary to comply with the terms of this Agreement and to facilitate the valid issuance of building permits (or a building permit ready letter) for the project depicted in Exhibit B, on or before September 15,2012. 12. Effective Date. This Agreement shall become effective upon delivery of a copy of this Agreement, signed by the City Manager, to the Developer ("Effective Date"). 13. Duration. The term of this Agreement shall be for a period of 20 years from its Effective Date, unless this Agreement is terminated as provided for herein or extended as may be provided for in Section 163.3229, Florida Statutes. Any amendments to the Agreement within the term shall comply with the statutory requirements of Section 163.3220-3243, Florida Statutes. 14. Recording. The City shall record a copy of this Agreement in the public records of Miami-Dade County as 'soon as practicable after its execution by the City ManagerManager and the DeveloperDeveloper (and in any event, within 14 days of adoption by the Commission) and shall also submit a copy to the Florida Department of Economic Opportunity within 14 days of recordation. If this Agreement is amended, extended, terminated, revoked, or nullified, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Economic Opportunity. 15. Termination. The Developer may terminate this Agreement upon written notice if building permits (or a building permit ready letter) are not issued by September 15, 2012 or if for any reason /beyond Developer's control it is unable to close on the purchase of the Property from its present legal owner. This Agreement may otherwise be terminated by mutual written consent of the parties pursuant to same the notice requirements contained in this Agreementfor the initial adoption of a development agreement. 16. Successors and Assigns. This Agreement shall be binding upon aruiand inure to the benefit of the City and the Developer, as well as their respective successors in interest and assigns and all future OlNners of the property for the term of this agreement.., In the event of an Assignment of this Agreement, the Developer shall provide notice to the City as provided herein. 17. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and judicial venue for any actions between the parties arising from this Agreement shall be in Miami-Dade County, Florida. 18. Enforcement. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 9-:~Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. -1-0-:20. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation . .:t+.-21. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and is the only agreement reached concerning the Site Plan attached as Exhibit B. All preceding discussions pertaining to the development of the Property as depicted in Exhibit B were had pursuant to law and subject to full consideration by the City Commission at duly noticed public hearings. -1-&.22. Notices. The parties designate the following persons as representatives to be contacted and to receive notices, if any, regarding this Agreement. For the City: with a copy to: For the Developer: with a copy to: [Attorney] City Manager 6130 Sunset Drive South Miami, FL 33143 City Attorney 6130 Sunset Drive South Miami, FL 33143 Metro South Senior Apartments Limited Partnership Mr. Donald Paxton 2206 Jo An Drive Sarasota, FL 33231 [address] . [REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: ---------------- Print Name: _____________ __ STATE OF FLORIDA COUNTY OF MIAMI-DADE Metro South Senior Apartments Limited Partnership, a Florida limited partnership By: ____________ _ Name: _______ _ Title: _________ _ The foregoing instrument was acknowledged before me this _ day of , 2012, by , as of Metro South Senior Apartments Limited, a Florida limited partnership, who is personally known to me, or who has produced ______________ _ as identification and who did/ __ not take an oath. Notary Seal Notary Public, State of Florida Print Name: ----------My Commission Expires: _____ _ *** NO FURTHER TEXT ON THIS PAGE*** Attested: By:============================== Maria Menendez City Clerk Witness ---------------------- Witness ---------------------- STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF SOUTH MIAMI By ____________________ _ Hector Mirabile, PhD. City Manager Approved as to form, language, legality and execution thereof: By ____________________ _ Thomas F. Pepe City Attorney The foregoing instrument was acknowledged before me this _ day of , 2012, by Hector Mirabile, PhD., as City Manager of the City of South Miami, on behalf of City Commission, who is personally known to me. Notary Public, State of Florida My Commission Expires: Summer's BIGGEST SALE 099%APR Available = Certified Pre.;Qwned == .,.8_ $29,777 2008 BMW328ia Brown/Beige. 341( M~es ...................................... $20,777 200SBMW328ia Gloy/Blocl:.37KMile3 ..... 2007 BMW335ia Blocl:/Saddle. 45K Miles ... 2010 BMW32Sia SIIYer/Block.17KMiles .... 2009 BMW328Ci Black/Beige. 33K Miles .... .............. $23,777 ...... $25,777 ........... $25,7?7 .............. $26,777 2009 BMWX3 3.0 Black/Block.36KMiles ............................... $26,777 200SBMW328CiC Block/Cleom. 34K M~es ........ ..... $29,777 2009 BMW X5 xDrive30i Blue/Gray. 28K Miles.... . .......... $35,777 2009BMW32SCiC Groy/81ocl:,18KMiles ........ 2008 BMW335 CiC Arfic/Block.23KMile ...... . 2009 BMWX5 Diesel Whlte/Block.27I(Miles ........ ...... $35,777 ....... $37,777 ....... $38,777 2008BMWM5Sedan Blue/Blocl:. 29K MDes .•... .. .................. $45,777 2010BMWX63.5 Gray/Oyster. 27K Miles ._ ..... 2012BMW650CiC Groy/Red.. 6K MHes ... NE 20th Street & Biscayne Blvd. Miami Just North 01 the American Alrtines Arenll BramanMotorsBMW.com 866.339.4809 STAY AHEAD WITH THE MIAMI HERALD AND OUR PARTNERS .~~ ~2f{m:J) The TEO Radio Hour at 7 p.m.: Fixing our broken systems. ~~. At n: 30 a.m.: A debate between Katherine Fernandez Rundle and Rod V{!reel\ rivals in the race for ~ Miami-Dade s!ateattorney. AURORA THEATER SHOOTING At funerals, 2 spirits are honored BY AMANDA LEE HYERS McQllnn. 27, dove in front of Associated Prw bisgirlfriend,Samantha Yow- SPRINGFIELD, Ohio -lel; and was shot three times. A man who dove in front of YowJer. who was shot in his girlfriend and saved her the knee and survived, ar- Hfe at the Colorado movie rived at Mc<&inn's funetal shooting was remembered on crutches Saturday and for his selfless sacrifice Sat-wept quietly with his par- urday, while an aspiring ents and other f.amily mem- sportscasterwaspraisedfor hers. Neither she nor his her boundless energy. parents addressed mourn- The girlfriend whom ers at the Maiden Lane MattMcQ:!linnsavedbytak-Church of God. ing three bullets aimed at Pastor Herb Shaffer, who hcrweptaspastorsspokeof is also McQ!rinn's uncle, the sense1essness of the said his nephew had been a shooting spree at the subur--gift: since he was born. and banDenvertheaterwhere 12 that his actions in Colorado peopJewerekilledjustmore werejustoneexampJeofhis I'tAASH,I,llGORfN/1oP FAMILY'S SORROW: Pastor Herb Shaffer, victim Matt McQuinn's uncle, hugs McQuinn's brother, Eric. than a week ago. selflessness.. Mourners packed a Mc:Q¢nn called his church in this Ohio town mother three times the day whereMcQ!ll:n.ncamefrom. before she bad surgery be- while &mily and friends cause be was upset that he gathered in San Antonio to couldn't be there in person. remember Jessica Ghawi. Shaffer said. When be was 7- Wben gunfire broke out in he put his arm around his the Aurota. Co~ theater; younger cousin because be was worried sbewasn'thav· hff~~~i~='=~ ing a good day. be sajd. Then he talked about McQ!linn's greatest sacri- fice of aU. saving Yowier. who Shaffer described as the love ofhis nephew's lite. "In moments of crisis, true character comes out," he said. "'His immediate re- sponse was to protect the woman he loved." Mourners at Ghawi's fu- neral also touched on the massacre. '1f this coward could bavedonethiswiththis much bate, imagine what we can do with this much love," her brother said at the eom. unmity Bilile Church in San Antonio. But most of the service focused on the life of the aspiring U.year"'Old 'J'Ort5journaJist. "What we will not do to- day is focus on how she left us," said Peter Bums. a friend from Colorado, read- ing a statement from Gha· wi's mother, Sandy. jess was a force to be reckoned with. She was a jolt of light- rung. A whirlwind. A Labra· dor puppy running clumsily with innocent joy." Ghawi was a pretty, blue- eyed redhead who moved to Colorado about a year ago. She had survived a June 2 shooting at a Toronto mall that left two dead. She blogged about the experi- ence, writing that it remind· ed her "how fragilelifewas." James Holmes, 24, is ac- cused of opening rue on the thoater. killing McQ!rinn. Ghawi and 10 others. He is due to be fonnally charged Monday in Colorado. Called Curiosity, new Mars rover has a human approach ~~~",,"~;;;;;;;;~~il mains of Martian rocks. h eats plutonium for break&st. After 1 HOII ... ofSIIHVIc:o=....,.,"''' ... EwttabotlrFree!l Hou .. Keepi"g Servie& Now A".II.ble Despite its resemblance to a one-armed. Hon pray- ing mantis, Curiosity is the most advanced macblne ev· el' sent to another planet. If all goes according to pIan. the rover will touch down onMarsonAug. Sandbegin rolling along the surface a few days later. Curiosity will be the eyes and ears for an international team of about 3SO earth- boWld scientists. The rover's goal is to climb a 3-mile-taU mountain and WJlber evi- dence that could resolve a \ong-<tanding _ely. Was HARSROVER: Curiosity, the most advanced rover, is expected to land on Marson Aug.S. ItrOWl/1oP there life on Mars in its warmer, wetter past -and could it sustain life today? The rover's suite oflO pri- mary instruments was de- signed with these questions in mind.1t can shoot lasers at rocks to see wlut they're made of. It can record hours ofhigh-qualitycolorvideoof the Martian landscape and relay the footage back to Earth. It can even drill into stone to look for specific 0r- ganic compoWlds thought to be necessary for life to begin. "We're really talking about. effectively. a field ge- ologist1astrobiologist re- motely operating on Mars," ~~~~~~~~~~~~======='1IsaidJeffSimmonds,thesci. :;;; ence payload manager for NonCE JS HEREBY giveR that the City Commission of tile City of South Miami, Ronda win conduct a Public Hearing at a City COmmission meeting scheduled forTuesday, August 7, 2012 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to conSider the followlngltem: Pursuantto AondaStatues sections 70.51 and 163.3225. two public heanngswiH be held before the City Commission of the City of South Miami atwhlcl1 the COmmission will consider entering Into a DevelopmentAgreement for the construction of a mixed use building located at 6101 Sunset Drive, including street level commercia} space, 91 affordable senior apartments, and associated parking garage. The proposed building height on the south slde (facing Sunset Drive) is 8 stones, stepping down to 4 stones toward the rear, and 2 stories at the rear (north) Side. A copy of the proposed Development Agreement as associated Site Plan can be obtained at 6130 Sunset Drive, South Miami, FL (~Clty Hall"). The first public hearing shaH be held at City Hall on August 7, 2012 at 7:30 p.m. The sewnd public hearing shall be held at City Hall onAugust21,2012 at 7:30 p.m. The matter will be heard as scheduled on the City agenda that will be prepared on the Friday before the Tuesday City Commission meeting. ALl Interested parties are Invited to atterKI and will be heard. for further information, please contact the Planning & Zonlng .Dffice at: 305-663-6331. Maria M. Menendez, CMC City Clerk Pursuant to Ronda Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any deciSion made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record includes the testimony and evidence upon which the appeal is to be based. the mission. Mars Science Laboratory, as this machine is officially known, is the product of more than seven years of work by hundreds of scien- tists and engineers. At flISt glance, Curiosity -so named by a sixth- grade girl from Kansas who won an essay contest - doesn'tappeartobemadein the image of a geologist. But closet inspection re- veals that it has its own ver- sions of the basic hwnan senses and the tools a geolo- gist would take into the field. including a rock hammel', a band lens and several sets of "eyes." There are also a few funcy g;ulgets tha~ on Earth. would be conftned to a lab. CUriosity is an impressive machine. It stands about 7 feet tall, 9 feet wide and 10 feet long. Its body is be- decked with cameras, and thick wires snake aroWld its meta1she1l Itslonganngrips a fistful of tools: a $COOper to collect soU samples. a drill to bore into stone, a specialized lens to peer at microscopic structures and a "tongue" of sorts that can pre;s against rock to taste the chemicals within lnspileofitsalmost 2,000 pounds, everything on board the rover has been pared down to its most min~ imalist version. to make it as light as possible. 36SE I SUNDAY, AUGUST 12, 2012 SE • CALENDAR, FROM 35SE SUMMER WITH UNITY CENTER OF MIAMI'S EVERYTHING AVOCADO FESTIVAL. PURCHASE HOME GROWN HOME PICKED AVOCADOS. ENJOY MUSIC. FOODS & DRINKS. FACIALS, HAIR & MASSAGE with Avocado Based Products .. 9 a.m. Aug. 18. Unity Center of Miami. 16320 SW 147 Ave, Richmond West. Civic Center Metrorail Station Market: This Thursday & Friday market at the metrorail station (close to Jackson Hospital) benefits United Way of Miami-Dade with a $25 donation from each vendor and features Greek, Latin and American Food, fruit drinks, Artisan baked goods and kettle corn .. 9 a.m. Aug. 16. Civic Center Metrorail Station, 1501 NW 12th Ave., Allapattah. free. 305-531-0038. themarketcompany.org. Upper Eastside/Lemon City Farm- ers' Market: This Farmer's Market will feature live music, food demon- strations. nutrition education work- shops, and local vendors selling a variety of items,including candles, shea butter, oils, prepared foods, and plants .. 9 a.m. Aug. 18. Legion Park Green Market, 6600 Biscayne Blvd., Upper East Side. 786-427-4698. www.urbanoasisproject.org. FOOD & DINING Baking Courses: Cakes: A three- week, hands-on caking making course to cover baking, fondant and decorating. $150. 9 a.m. Aug. 18. Miami Culinary Institute, 415 NE Second Ave., Down- town Miami. $150. www.miamidadeculinary.com. HIGH BAR's NEW Sunset Happy Hour: NEW: Sunset Happy Hour at HIGHBAR Enjoy happy hour at HIGHBAR seven days a week from 7-9p.m. The happy hour will feature a cocktail from its "7 Deadly Sins" menu, each cocktail will be $7 .. 7 p.m. Aug. 12. HighBar @ The Dream Hotel, 1m Collins Ave., Miami Beach. $7 per drink, www.highbarmiami.com. Happy Hour: Enjoy Happy Hour and Sunset's HighBar all week .. 7 p.m. Aug. 12. HighBar @ The Dream Hotel, 1111 Collins Ave., Miami Beach. $7 per drink. www.highbarmiami.com. Ice Cream 101: Come join our chef and learn how to stay cool during these hot summer months. This two-hour course will explore the art of ice cream making and after that you'll be able to create the tasty treat yourself.. 6 p.m. Aug. 13. Miami Culinary Institute, 415 NE Second Ave., Down- town Miami. $50. www.miamidadeculinary.com. HEALTH Aikido Class: Aikido self defense class for teenagers and adults .. 8 p.m. Aug. 13. Tumblebees Gymnastics at the Turnpike, 6950 SW 117th Ave.,. $85 per month. 305-632-3075. www.aikikaiinternational-inc.com. Free Back to School Vaccination: Commissioner Rebeca Sosa is offering free vaccinations for chil- dren ages 2 months old to 18 years old. Parents and legal guardians must bring their child's immunization records and arrive to the event no later than 1 p .. 10 a.m. Aug. 16. Miami Springs Recreation Center, 1401 Westward Dr., Miami Springs. Free. 305-267-6377. www.miamidade.gov/district6. Mama Baby Breastfeeding Support Group: La Leche League of Miami Dade offers a breastfeeding support group, Mama + Baby Meeting 2nd Tuesday of each month at lOam Kendall Presbyterian Church Outer meeting room 8485 SW 112 St Miami 33156 Segundo martes del mes a las lOam. 10 a.m. Aug. 14. Kendall Presbyte- rian Church, 8485 SW 112th St". FREE. www.lllmiamidade.org. Project THRIVE: The University of Miami Department of Psychology is seeking male volunteers to partici- pate in a research study related to sexual abuse and adult sexual health. If you are a man who is has sex with men (MSM) and are HIV negative, please contact our study, THRIVE, for more information .. 9 a.m. Aug. 13. University of Miami, 5501 San Amaro Drive Coral Gables 33146, University of Miami,Riviera. Free. 305-284-5299. www.psy.miami.edu/community service/thrive.phtmi. Reiki Healing Circle: This ancient Japanese art of energy healing is designed to balance your universal life energy (your Qi or Chi) and release stress .. 6:30 p.m. Aug. 15. Sage Lifestyles, 211 NE 98th St., Miami Shores. $10. 305-456-5337 address 211 ne 98 sl. miami shores 33138. www.sagelifestyles.com. Reiki Spiritual Energy Healing Circle: This is a great Reiki circle for practitioners as well as newcomers. Following a brief introduction and a gUided meditation those in atten- dance will get to receive short healing sessions from Reiki practitioners .. 7 p.m. Aug. 17. Five Sisters .. A Spiritual Journey, 8805 SW l32nd St. .. 0.305-259-0013. www.phinsights.com/reikil.htmi. Walk With Ease: Adults over 55 are invited to participate in the FREE Walk with Ease program at many Miami-Dade County Parks and municipal parks. Participants walk three days a week for 30 minutes a day for six weeks .. 12 p.m. Aug. 15. One Biscayne Tower, 2 S. Biscayne Blvd. Suite 3400, Downtown Miami. Free. 305-455-0338. www.healthyagingsf.org. Yoga with Stacey: Hatha Yoga for body, mind and spirit. Multi-level and beginners welcome. The class begins MiamiHerald.com I THE MIAMI HERALD NEIGHBORS CALENDAR with seated warm-ups, standing stretches, vinyasa, visualization, guided relaxation and meditation. 10 a.m. Aug. 15. Unitarian Univer- salist Congregation of Miami, 7701 SW 76th Ave., Glenvar Heights. $12. 305-274-8029. www.facebook.com/ pages/Miami-FL/Yoga-with-5tacey/ 136769145885?ref=ts. HEALTH & BEAUTY Girls Night Out: Massage Enwy Mixer: Come out and enjoy a night of pampering ... on us! Massage Envy Spa South Beach would like to cordially invite you to our first ever Mixer. This is to (re) introduce you to our spa and to allow you to indulge in a night of FREE mini facials and massages .. 8:30 p.m. Aug. 18. Massage Envy Spa South Beach, 76717th St., Miami Beach. FREE. 305-370-3689. www.memixer.eventbrite.com. Meet Repiichage's Esthetician of the Year Caleb McGrew: Join Spa e to Celebrate Caleb McGrew Winning the 2012 Repechage President's Award for Esthetician of the Year' Complimentary Skin Consultations and Free Gift to Attendees with Caleb McGrew will be available as well as 25% off when you book a treatment with Caleb at the event.. 10 a.m. Aug. 12. Spa e, 630 Lincoln Road Mall, Miami Beach. www.spaemiami.com. Miami Plastic Surgery Injectables Week: Beginning on Monday, August 13, through Friday, August 17, Miami Plastic Surgery will be throwing an Injectables Party. All attendees will receive $50 off treatment while those that bring in new patients will receive $100 off as will their guests .. 9 a.m. Aug. 13. Miami Plastic Surgery, 8940 N. Kendall Dr". 305-595-2969. www.miamiplasticsurgery.com. LIBRARIES Cultural Cup Tour with Centro Cultural Brasil celebrates Porto Alegre!: Discover Porto Alegre a melting pot of diverse cultures, born from a mix of European and Asian immigrants, native Brazilians and others. Enjoy a typical gaucho dance and some visual media .. 11 a.m. Aug. 18. Key Biscayne Branch Library, 299 Crandon Blvd., Key Biscayne. Free. 305-361-6134. www.mdpls.org. MUSEUMS Into the Deep -Real Submarine Viewing: Visitors and the Museum's 2012 Summer Camp partiCipants from sessions 7 and 8 will have the opportunity to view a real submarine on exhibit at the Museum through August 12. Provided through a partnership with the OceanGate Foundation by special arrangement withU" 10 a.m. Aug. 12. Miami Science Museum, 3280 S. Miami Ave., Crafts. Free for Museum visitors with Museum Admission. 305-646-4200. www.miamisci.org. MUSIC National Pool Party #3 -Bacardi & Grey Goose: National Hotel with Bacardi & Grey Goose invite you to the National Pool Party #3. 3 p.m. Aug. 12. National Hotel Miami Bech, 1677 Collins Ave., Miami Beach. No Cover. 305-532-2311. www.facebook.com/events/ 211835605609957/. iguanas live among the mangrove fringes .. Featuring our resident OJ Bryan Peroni & Special Guest... 1:30 p.m. Aug. 18. Crandon Park Visitors and Biscayne Nature Center, 6767 Crandon Blvd., Key Biscayne. $44. Cocktails Specials: $8 Summer Punch: Made with Grey Goose Cherry Noir NATURE Crandon Park's Kayak and Snorkel Adventure: Kayak along the beauti- ful shallow waters of Key Biscayne and explore the protected areas of Bear Cut Preserve where land meets the sea, Join us as we discover the Bacardi Punch: Made with Bacardi Rum Crandon Park's Bayside Canoe Adventure: This naturalist-led canoe trip explores the forgotten and secret part of Key Biscayne. Explore this peaceful water wilderness where great blue herons, spotted eagle rays, upside down jellyfish and green Bottle service in our poolside cabanas No Covers Good Times Sunday will never be the same. • TURN TO CALENDAR, 37SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission ofthe City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 21.2012. beginning at 7:30 p,m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending Section 20-3.6(J)(1)(c) of the City's Land Development Code, swimming pool rear-yard setback requirements. An Ordinance amending the land Development Code, Section 20-6.1 (C)(I)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. An Ordinance amending South Miami Land Development Code, article VI, section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or appeals from the decisions of the Environmental Review and Preservation Board. A Resolution to consider the adoption of a development agreement proposed) by Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which will require concessions, including parking and height variances and which will either be rejected, accepted or accepted with amendments. An Ordinance of the City of South Miami, Florida, abandoning a portion of the alley that was commonly known as SW 63'" Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue (Larkin Community Hospital) -Folio #09-402S-027 -0010. An Ordinance relating to a request to amend the official zoning map of the City of South Miami land development code by changing the zoning use district from "TODD MU-S" mixed use 5 zoning district to "H" hospital zoning district for property located 7031 SW 62 Avenue (larkin Community Hospital) -Folio #09-4025-027-0010. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 21, 2012 in the XXXX Court, was published in said newspaper in the issues of 08/10/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re ,commls' n or refund for the purpose of securin s advertisement fo publication in the said ape 10 day of AUGUST ,A.D. 2012 (SEAL) MARIA MESA personally known to me " '. o, .. "~~ Pu<t(" Notary Public State of Florida I ~'~ r: Cheryl H Marmer (' ~:; ~ My Commission EE 189528 ). "'"tOff\.O"" Expires 0711612016 ~,~~~~~~~~~~ and verbatim , testimony and evidence upon which the 8/10 '