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20TO: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Hon. Mayor, Vice Mayor and Commissioners Date: October 11,2012 FROM: Thomas F. Pepe, City Attorney RE: Agenda Item # d 0 Subject: South Miami Corporation An Ordinance amending the Development Agreement originally adopted by Ordinance No. 05-05-1827 and amended by Ordinance 18-05-1840 concerning the project known as "Project Sunset" and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of the agreement. Applicable statutory authority: 163.3225 Public hearings.- (1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, one of the public hearings may be held by the local planning agency. (2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. (b) The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. History.-s. 22, ch. 86-191. 163.3235 Periodic review of a development agreement.-A local government shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the local government finds , on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the local government. History.-s. 27, ch. 86-191; s. 12, ch. 92-129; s. 25, ch. 2011-139. 163.3237 Amendment or cancellation of a development agreement.-A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. History.-s. 28, ch. 86-191. Attachments: Attachment A -Proposed Ordinance with amended Development Agreement ATTACHMENT A 1 2 ORDINANCE NO. _____ _ 3 4 An Ordinance amending the development agreement originally adopted by 5 Ordinance No. 05-05-1827 and amended by Ordinance No. 18-05-1840 6 concerning the project known as "Project Sunset" and located generally at 7 5750 Sunset Drive, for the purpose of clarifying the effective date of the 8 agreement and term of agreement. 9 10 WHEREAS, the City Commission at its March 1, 2005 special meeting approved special 11 exceptions to permit "Project Sunset", a unified mixed use development consisting of residential, 12 office and retail uses generally located at 5750 Sunset Drive and legally described as Lots 6 thru 13 9, 40 thru 45, 53 thru 66 and the east 50 feet of Lots 51 and 52 of W.A. Larkins Subdivision 14 according to the plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami- 15 Dade County; and 16 WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 17 05-05-1827 approving a Development Agreement between the City and the developer, the South 18 Miami Corporation for Project Sunset; and 19 WHEREAS, Section 4 of the Development Agreement entitled "Use of Property" sets 20 forth a phasing schedule for the development of the project; and 21 WHEREAS, the Administration negotiated an amended phasing schedule intended to 22 reduce the impact of the development program on traffic and parking in the area; and 23 WHEREAS, Section 5 (b) of the Development Agreement entitled "Public Facilities 24 Serving the Project" provides a formula for determining the amount and timing of a park and 25 open space concurrency payment to be made by the developer to the City; and 26 WHEREAS, the Administration negotiated a specific amount and revised timing of the 27 park and open space concurrency payment to be made by the developer to the City; and 28 WHEREAS, the Planning Board at a special meeting its May 10, 2005 meeting after a 29 public hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the 30 amendment to the Development Agreement; and 31 32 WHEREAS, the City Commission at its June 14, 2005 meeting adopted Ordinance No. 33 18-05-1840 approving the amendment to the Development Agreement between the City and the 34 developer, South Miami Corporation, for Project Sunset; and 35 WHEREAS, the City Commission has concerns as to the effective date of the 36 Development Agreement and the term of the Agreement. 37 38 Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 . The Development Agreement between the City and the South Miami Corporation for Project Sunset, originally adopted by Ordinance No. 05-05-1827 on March 15, 2005 and later amended on June 14,2005 by the City Commission, is hereby further amended as set forth in the attached Amended Development Agreement. Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance shall become effective upon enacted. PASSED AND ENACTED this __ day of 2012. ATTEST: APPROVED: CITY CLERK MA YOR 1 st Reading 2nd Reading 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: w:\my documents\resolutions\ordinance -proj sunset develop agreement rev ca.doc Page 2 of2 AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI. FLORIDA AND SOUTH MIAMI CORPORATION THIS AMENDED DEVELOPMENT AGREEMENT (,'Agreement") is made as of on the __ day of , 2012 by and between the CITY OF SOUTH MIAMI , FLORIDA a municipal corporation ("City") and SOUTH MIAMI CORPORA nON ("Company") or its assignee. RECITALS WHEREAS, the City commission of the City of South Miami adopted Ordinance No. 05-05-1827 which implemented the Florida Local Government Development Agreement Act("the Act") and permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately 4.5+/-acres, zoned HD- OV, described in Exhibit "B," (the "Property"); and WHEREAS, the Company desire to construct a mixed use development encompassing retail, office and residential components described in Exhibit "C," (the "Project") in the Hometown District Overlay Zone within the City of South Miami. WHEREAS, the City has concerns regarding the original Development Agreement that was dated March 15, 2005, fully executed on April 6, 200S but which was never recorded; and WHEREAS, the City and the Company amended the March IS, 200S Development Agreement and this revised Development Agreement was dated June 14, 200S and which was eventually recorded as required by statute; however, the "amended" development agreement was recorded as the original development agreement and it was not titled as an amended development agreement; and WHEREAS, the City has concerns regarding the signing and recording of the June 14, 200S Development Agreement; and WHEREAS, the Company and the City desire to settle the concerns of the City by entering into this Amended Development Agreement; and WHEREAS, the Florida Local Government Development Agreement Act, sections 163.3220 -163.3243, Florida Statutes, the "Act"), in effect on the date of the City passed and adopted a resolution agreeing on the terms of the original Development Agreement, provided for the execution of development agreements for a term not to exceed ten (10) years to insure that the law in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency of which are expressly acknowledged, the City and Company covenant and agree as follows: 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Property. The Company owns the property as described in Exhibit "A". This property is deemed to be one unified parcel and is subjec~ to the unity of title pursuant to the requirements of sections 20-7.30 and 20-5.14 of the City Land Development Code (the "LDC") attached hereto as Exhibit "D". 3 • Effective Date; Duration of Agreement. This Agreement shall be effective as of June 14,2005 (the "Effective Date"), the date that the City passed and adopted a resolution agreeing to the terms and conditions of the first Amended Development Agreement. This Agreement, as currently amended, shall terminate ten years from the Effective Date of this Agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (l0) years from the Effective Date unless extended by mutual consent of all legal and equitable owners of the Property and the city upon approval at a public hearing, as provided in the Act. 4. Use of Property. The property described in Exhibit "A'; is to be utilized for the project described in Exhibit "C": a mixed use residential, office and retail project with a residential use not to exceed 1 08 dwelling units on approximately 4.5 +/-acres. The project will include "chamfered" comers where it abuts roadway intersections pursuant to Exhibit "C". The occupied space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise permitted by the South Miami comprehensive plan or its land development regulations. The total of occupied space of the project shall not exceed four stories. Non-occupied space shall not exceed a maximum height of fifty six feet. The project shall be built in two phases as follows: • Phase I shall consist of Blocks "A" and "B" described in Exhibit "C". • Phase II shall consist of Block "C" described in Exhibit "C". ! The Company may elect to implement the development plan in one phase. ! The Company may elect to utilize Block "C" as a temporary bank facility with drive-through lanes (not to exceed four lanes) which facility shall be removed upon the issuance of the Certificate of Occupancy for the Bank facility on Block "A". The overall development of the property shall be conducted in accordance with the approved site plan on file at the City, (attached and incorporated as Exhibit "B ") including elevations, architectural features and estimated commercial square footage pursuant to Section 20.3-7, of the LDC. 5. Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, the Company agrees to provide the services listed below in compliance with Section 20-4.1 of the LDC, including; (a) Roadways An operational traffic study was conducted by the city and the Company agrees to the recommendations of city staff as set forth in their staff report which recommendations are incorporated herein by reference. (b) Parks and Recreation Based on the projected residential population on the Property, Company agrees to donate $232,000 in one lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. (c) Sanitary Sewers Water and Sewer services that comply with all requirements of Miami- Dade County for any building prior to issuance of ~ final Certificate of Use and Occupancy. ( d) Solid Waste Solid Waste services that comply with all requirements of Miami-Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. (e) Schools The Company commits to pay upon the issuance of the initial certificate of occupancy any required Miami-Dade County School Board school impact fees. 6. Concurrency. The City of South Miami has determined that the Company's performance under the Agreement satisfies the concurrency requirements, as delineated in Section 20-4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20-4.1 of the City Code, and that the site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. 7. Permits. The permits preliminarily identified as necessary for development ofthe project are described as follows: (a) Special Exception to permit four drive-through teller lanes within the site. (b) Special Exception to provide 72.2% +/-lot coverage. (c) Special Use permit to permit up to four restaurants with a maximum total of 13,820+/-square feet with parking to be supplied from any excess parking within the site. Retail and restaurant parking shall be marked and signed. 8. Development Conditions. The following conditions shall apply to the development of the project: ( a) The Company shall meet all applicable building codes, land development regulations, ordinances and other laws. (b) The Company shall adhere to the requirements of all permits for the project. (c) The Company shall develop the project in conformance with the parameters set forth in this agreement. ( d) All development shall be in accord with the site plan submitted with the special exception and special use applications, said site plan incorporated in Exhibit "C". ( e ) The Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the planning director prior to the issuance of any building permits and shall be enforced during construction activity. ( f ) All conditions imposed by the City Commission shall be incorporated in this Development Agreement. ( g) Company shall reimburse the City its lost parking revenue from any metered parking spaces adjacent to the Property which it occupies or uses during the construction period. (h) The Company shall donate to a city trust fund $40,000.00 to be used by the city for traffic calming or other traffic mitigation programs within the City of South Miami. This money shall be donated to the City, prior to the issuance of its first building permit. 9. Consistency with City of South Miami Comprehensive Plan and Land Development Regulations. The city has adopted a Comprehensive Plan and Land Development Regulations in accordance with Chapter 163, Part II, Florida Statutes. The city finds that the project is consistent with the city's comprehensive plan and the city's land development regulations. The project, a mixed use residential, office and retail development, as set forth herein, is consistent with the "Mixed-Use Commercial/Residential (Four Story)" designation on the future land use map, and the HD-OV zoning district on the Official Zoning Atlas of the City of South Miami. Goal 2 of the Future Land Use Element identifies the home town district which consists of the "Hometown District Overlay Zone," as defined in Article VII, sections 20-7.1 through 20-7.52 of the city's land development regulations. 10. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes and policies in existence on June 14, 2005 as well as other requirements imposed by the City Commission upon the ratification of the site plan approval on the Property, the Property shall not be the subject of a down zoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the site plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Company of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 11. Permits, Conditions, Terms and Restrictions not Addressed. The failure of this agreement to address a particular permit, condition, term or restriction shall not relieve the Company or the city of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 12. Duration of Permits. The Company acknowledges that this agreement does not extend the duration of any permits or approvals. 13. Law Governing Development of the Property. The ordinances, policies and procedures of the City of South Miami concerning development of the property that are in existence as of the Effective Date of this agreement shall govern the development of the property for the duration of the term of this agreement. No subsequently adopted ordinances, policies, or procedures shall apply to the property except in accordance with the provisions of section 163.3233 (2), Florida Statutes, and Ordinance No. 05-05-1827, as attached. 14. Termination. This agreement may be terminated by mutual written consent of the city and Company, subject to the terms and conditions herein. Either party may terminate this Agreement if the other party commits or allows to be committed any material breach of this Agreement. A "material breach" of this Agreement shall include, but not be limited to, a failure of either party to perform any material duty or obligation on its part for any thirty (30) consecutive day period. Neither party may terminate this Agreement on grounds of material breach of this Agreement unless it has provided written notice to the other party of its intention to declare a breach and to terminate this Agreement (the "Notice to Terminate") and the breaching party thereafter fails to cure or take steps to substantially cure the breach within sixty (60) days following the receipt of such Notice to Terminate, with the exception of monetary breaches which shall be cured within thirty (30) days after receipt of notice. 15. Assignment. This Agreement may not be assigned by the Company except to an affiliated entity, without the prior written consent of the City. Subject to the preceding sentence this Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. An affiliated entity is an entity of which South Miami Corporation or a majority of its shareholders, directly or indirectly owns at least 51 % of the beneficial interest. 16. Work Force. The Company agrees to use its best efforts to enhance job opportunities for local citizens in connection with the project. To that end and in order to maximize job opportunities for applicants from South Miami, the Company shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, regarding employment opportunities related to any (l) construction work on the Property, (2) temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space or employment opportunities associated with retail space located on the Property. 17. Joint Preparation. This Agreement has been drafted with the participation of the city and Company and their counsel, and shall not be construed against any party on account of draftsmanship. 18. Binding Affect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this agreement. 19. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 20. Applicable Laws, Jurisdiction, and Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami-Dade County Florida. 21. Enforcement. In any litigation arising out of this agreement, the prevailing party shall be entitled to recover its costs and attorney's fees. Attorney's fees payable under this paragraph shall not exceed 25% of the amount of damages awarded to the prevailing party and no party shall be entitled to pre- judgment interest. In any injunctive or other action not seeking damages under this paragraph, legal fees may be awarded in the discretion of the court, but shall be reasonable and shall not exceed an hourly rate of$300.00 per hour. 22. Inspection. Nothing in this Agreement shall be construed to waive or limit the City'S governmental authority as a municipal corporation and political subdivision of the State of Florida. The Company therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, have the right to enter, inspect and investigate all activities on the premises to determine whether the Property complies with applicable laws including but not limited to building and zoning regulations and the conditions herein. 23. Authorization to Withhold Permits and Inspections. In the event the Company is obligated to make payments or improvements under the terms of this Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this Development Agreement is complied with. 24. Representations of the Company. The Company represents to the City as follows: (a) The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Company and do not require further approval by Company. (b) This Agreement has been properly executed, and constitutes Company's legal, valid and binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions , suits or proceedings pending or threatened against or affecting Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) Company shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled, or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. ( e) Company has the financial capacity to payor advance to the City all fees and payments as required under this Agreement. 25. Severability. In the event that any of the covenants, agreements, terms, or provisions contained in this agreement shall be invalid, illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, terms, or provisions contained herein shall be in no way affected, prejudiced, or disturbed thereby. 26. Waivers. No failure or delay by Company or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 27. Annual Report and Review. It shall be the responsibility of the Company to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of Section 163.3235, Florida Statutes, and Ordinance No. 05-05-2005. This agreement shall be reviewed annually on the anniversary of the Effective Date of this Agreement. The Company, or its assign, shall submit an annual report at least 30 days prior to the annual review date following the first annual report submitted in 2012 which shall be filed 30 days following the execution of this Amended Development Agreement. All annual reports shall contain a section-by-section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The city commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Agreement, the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 28. Notices. Any notices or reports required by this Agreement shall be sent to the following: For the City: Copy to: City Manager City of South Miami 6130 Sunset Drive . South Miami, Florida 33143 Planning Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 For the Company: Copy to: South Miami Corporation Attn: Bruce W. MacArthur Cbainnan of the Board 5750 Sunset Drive South Miami, Florida 33143 And Nadine Heidrich Chief Financial Officer Wirtz Corporation 680 N. Lake Shore Drive Suite 1900 Chicago, Illinois 60611 Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & AxelrodLLP 1450 Brickell Ave., Suite 2300 Miami, Florida 33131-3456 29. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 30. Amendment. This Agreement may be amended by mutual written consent of the city and Company so long as the amendment meets the requirements of the act, applicable city ordinances and Florida law. 31. Entire agreement. This Agreement represents the entire agreement and no prior or present agreements or representations shall be binding upon either the city or Company, unless specifically incorporated herein by reference, whether such prior present agreements have been made orally or in writing. Each party affirmatively represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 32. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 33. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 34. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agre~ment. 35. Recordation. Within 20 days after the Amended Development Agreement has been signed by both the Company and the City, the City shall cause a copy of the Amended Development Agreement to be recorded at the City's expense in the registry of deeds in Miami-Dade County. 36. Abandonment of Right-of-Way. The City agrees to abandon the right-of-way adjacent to the property to the buildable line. The Company shall contemporaneously grant to the City an easement from the right-of-way adjacent to the property to the buildable line for all future needs ofthe City. To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with clearance as provided in the Hometown Overlay District in the Land Development Code (lO-feet minimum). PASSED AND DULY ADOPTED by the City Commission of the City of South Miami, Florida, this __ day of __ , 2012. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY, AND EXECUTION THEREOF: CITY MANAGER CITY ATTORNEY AGREED TO this ___ day of ____ , 2012. Witnesses: SOUTH MIAMI CORPORATION Print Name W. Rockwell Wirtz, President Print Name STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ___ _ ) The foregoing instrument was acknowledged before me this day of _______ ,2012, by . He/She is personally known to me or produced as identification. Sign Name: Print Name: My Commission Expires: NOTARY PUBLIC Serial No. (none, if blank): ______ _ [NOTARIAL SEAL] MIAMI DAILY BUSINESS REVIEW Pub lished Daily except Saturday , Sun day and Legal Ho lidays Miam i, Mi ami·Dade Co unty , Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the unders igned a uth o rity personally appeared O.V. FERBEYRE, who on oath says that he or she is the . VICE PRESIDENT, Leg al Notices of the Miami Daily Business Review flkla Miami Review , a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Mi~mi in Miaml·Dade County, Florida; that the attached copy of adverti sement, being a Legal Advertisement of Notice in th e matter of CITY OF SOUTH MIAMI PUBLIC HEARING· NOVEMBER 7,2012 in the XXX X Court, was published in said newspaper in the issues of 10/26/2012 Affiant further says that th e said Miami DaHy Bu ~iness . Review is a news paper published at Miami In said Mlaml·Dade County, Florid a and that th e said newspaper has. . heretofore been continuously published In said Mlaml·Dade County, Florida eac h day (except Saturday, Sunday and Legal Holidays ) and ha~ 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 publ ic ation of the attached copy of advertisement; and affiant furt~er says that he o r she has neither paid nor promised any person, firm or corporation any discount. rebate, commis s ion or r~fun.d for the purpose of securinl~.~ertise m 'for publication In the said newspape~ Sworn to a nd subscribed before me this 26 day of OCTOBER ,A.D. 2012 O.V. FERBEYRE personally known to me Nota ry P ublic State of Florida Cheryl H Marmer M)( Com miSSion EE 189528 EXpires 07/1 81201 6 . -CITY OF SOUTI;t MIAMI NOTICE OF PUBLIC HEARING , . NonCE IS HEREBV given QlClt lhe City Commisslqn 01 lHe CIiy of ' &\Jth.ry'llB.lf).I , Fiori!;!!, ¥(IJI 'oondullt a flubllc Heatlr)g,af a'CI~ Co.mi'rll~~lon !'Illfell~g sehe~lU/ed tor W.ednesday, November '1 , 2012 beglnrlri'g at 7:3~ p,w. rn the City Commission Charobl1", sis.!) Sunset DrTve , to col)$Jqerllte rollowlng Item : . _ PUIliJlllt!\ 10 Florida SlalVes 16).3226, tWo public heaflngs will b.\lJlek:lj)erore /he Cjjy COmmJ~h ofthe G;Jy of Sq,ut11 f,11;ni at' whlct1 1he Comm~Jon wjll ponsider' :an ,ameOp'metit to a DevelOPment Agrelfrpenl lor Iljl! ~Mtl,YcJ/On 0( a rtifi8;d mixed use'development conslS1fn,g of tIi${c1enll~. ciftrCil and relall uses ,genel1iJly lOoan!d at 5750Sill;)set ~ will) ~ reakfenlial use not 10 exceed f08 dwelllrig unll!> ofl app(oxfmately 4.5 +/-acres. The O(XIjple-d space ~II not $l!ooed f~r stories and non-OCCti~ ~~ce of the ~roJ!ic:t w~1I not exceed fiftY sil< (56) feet in h~!9!'t uolEiss otherwise pefmiHed by the SOuth Miami CO{Jlprehensive ptan or its land c(evalopment r~ula1ions , A copy of Ibe proposed Develapmen] i\Qrqement as IIssocia(ed Site plan can be obtained at 6130 SUnset Drive, .soum MiamI; FL rCiIy Hall'), The ff rst pllbll~ h~E1rinll shall be held at City Hall on Wednesday, N01iemoer 7. 2012al 7:30p ,m. Th&.second pubJfc lHfaring sftalt be held I!l City al l on Tuesday. ' I{?rember 20, i!Ol2 'Ill '7.:30tpm . TlJe matler WIll be .ttearct(jS sclIEidUleCI on lll1e qjly@en a thai Will be prepared o'n ,lhEfFrldli9 be(llh{llfa. TUeSoay OIly ~rbJssron meeting. " m Irfte'rested,partles are Invite,cl to attena anCl Will be heard. , For fu rt her Informallon, pl_eass·conla.ot tM planning ~ -:tOiling Offfce 81: 3.Q5-663-6,331. MartaM, Menendez, OMe - . City Cleric • . t Pl!rs\!aot to Florida Statutes 286 .0105, the Cily hereby ad vises the ublll:: thai -If a palsan dedld~s ~QlIPPea l any decision made ;by this Boan:!, AgenW or CommIssion \YIlh respect'to'8lly matter considered at lis me(jting or rearing ! 'he,o,r slle will need a [eCOrd of ,HI! pro,qie'C!ll:Igs, ~ l /'taf ror,such pUlpose, aHeered person'may need \0 eosllre th_~t at ertl,aum p~~ PI" !he procB~dlngs Is rna'de-whlC;ff recort(rnclodes the 1((I!ltlf!lqny and eviden ce upon wHich the appea f rs fo be Dased . 10126 ' f2-3-251/1972341M , 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 O.V. FIiRBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 -NOVEMBER 7, 2012 in the XXXX Court, was published in said newspaper in the issues of 10/26/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise or publication in the said "ew,pape~ 26 day of OCTOBER ,A.D. 2012 (SEAL) O.V. FERBEYRE personally known to me Notary Public State of Florida Cheryl H Manner My Commission EE 169526 Explres 07/1812016 THE MIAMI HERALD I MiamiHerald.com PALMETTO BAY Flap over campaign donors • DONATIONS, FROM 3SE tions from attorneys suing the village "a tough call." SE SUNDAY. OCTOBER 28, 2012 I 43SE SOUTH MOTORS 8 II .!t '.~TI. S2 ~.L ~ US-1 & South 160-180 Street in Miami southmotors.com and the message should be obvious. They don't ap- prove of the behavior or whatis going on in the coun- cil. From a not-objective point of view, that's their way of saying they don't ap- prove. I didn't ask why they did donate. Anyone that of- fers to donate the money to me doesn't have strings at- tached. rIl take the money." Tendricb, who has raised $6,675 as ofmid-Qctober, in- cluding $150 from Pinecrest Mayor Cindy Lerner, adds that "most of my contribu- tions are from families, ••• [PJeople should be able to take contributions from whoever you want, but I'm against lobbyists." ing $50 from former Coral Gables mayor Don Slesnick, and even $500 from an in- vestment banker in Chicago, which is about 1,400 miles outside of Palmetto Bay's ZIP Code. Cunningham's ..:I~""'="'=;:::;::::;::::;:::;:::;:::;;;;:;;;;;:;;;;;:;;::::::::;::::;::::;::::;::::;;.;;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;:::;:::;:::::::::~ brother lives in Chicago, and I i Seat 2 incumbent Howard Thndricb, who faces Schaff- er and Araiza, calls the cam- paign flap over contribu- Meantime, some bloggers haven't ignored political newcomer Cunningham, noting that the majority of her $25,918 has come from outside the village, includ- her friends there, and else- where, are members of her extended family, she said. "My contributions all have come from family and friends and relationships I have built these many years," Cunningham said. Follow @HowardCohen on 'ZWitter. MOTORS southmotors.com CITY OF OPA-LOCKA REQUEST FOR QUALIFICATIONS PROFESSIONAL PLANNING SERVICES RFQ NO: 12-1311100 Proposals for PROFE SS IONAL PLANNING SERVICES w ill be received by th e ctty of Opa-Iocka a t the Office of the City Clerk. 780 Fisherman Street , 4" R oor, Opa-Iocka, R orida 33054 , Tuesd ay. November 13. 2012 by 1;00 p.m. Any proposals rec eived after the designated closing time will be returned unopened. The purpose of this Request for Qualifications is to seek assistance of a qualified professional contractor to provide PROFESSIONAL PLANNING SERVICES to the City of Opa-Iocka. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD in PDF format shall be submitted in sealed envelopes/packages addressed to Joanna Aores, City Clerk, City of Opa-Iocka, Rorlda, and marked PROFESSIONAL PLANNING SERVICES. Proposers deSiring InformatJon tOr use in preparing proposals may obtain a set of such documents from th e Clerk's Office, 780 Fisherman Street, 4'" Floor, Opa.Jocka, Ronda 33054 , Telephone (305) 953 -2800 or copies of RFQ NO 12-1 31 11 00 req uirements may also be obtained by visiting the City's website at www.opalooka fl .gov, (Click "RFO I PROPOS AL S' located on the rig ht ha nd sfde of the screen and (ollo w tile instructions). The City reserves the right to accept or reject any and a~ proposals and to waive any technicalities or irregularities therein . The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFQ NO 12-1311100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC City Clerk CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami , Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for WednesdaY, November 7, 2012. beginning at 7 :30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authOrizing the City Manager to execute a five (5) year (FY 2012/2013 to FY 2016-2017) Interlocal Agreement between Miami-Dade County and CO -Permittees named on NPDES Permit No. FLOOOO3-003 . A Resolution authorizing the City Managerto pay SunGard Public Sector with approved Edward Byrne Memorial Justice Assistance Grant (JAG) funds for an electronic arrest form application, in the amount of $11,364 from account number 120-3405-521-4634, resulting in a multi-year service agreement with an annual maintenance expenditure amount of approximately $1800. A Resolution relating to a request for a variance from Section 20-3.5(E) of the Land Development Code to allow a second floor interior side setback of 7 feet 11 inches where 15 is required, for an addition to a historic designated single family residence located at 6291 SW 57th Street, South Miami, Rorida, within the RS-3 zoning district. An Ordinance amending Section 20-3.6(U), of the City of South Miami's Land Development Code, Outdoor lighting spillage; creating additional minimum standards for outdoor lighting in residential districts. ( An Ordinance amend ing the development agreement o riginall y adopted bY) Ordinance No. 05-05-1827 and amended by Ord inan ce No. 18-05-1840 concerning the pro ject known as ·Project Sunset" and located g enerally at 5750 Sunset Drive, fo r th e p urpose of c larifying the effective date o f the agreement and term of agreement. . 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 StaMes 286.01 05 , 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 ~s 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 .