4TO:
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 # A
Subject: South Miami Corporation
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida relating to the review and acceptance of the Annual
Report of the South Miami Corporation (First National Bank of
South Miami) on their proposed "Project Sunset" located at 5750
Sunset Drive.
The Annual Report was submitted on January 5, 2012. It has not come before the
Commission until today due to a dispute as to the Development Agreement which has
now been resolved.
Attachments: Attachment A -Proposed Resolution
Attachment B -The 2011 Annual Report
ATTACHMENT A
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RESOLUTION NO. ____ _
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida relating to the review and acceptance of the Annual
Report of the South Miami Corporation (First National Bank of
South Miami) on their proposed "Project Sunset" located at 5750
Sunset Drive.
WHEREAS, In March, 2005 the City Commission approved a mixed use project
entitled "Project Sunset" located at 5750 Sunset Drive, which project is a unified
development covering 2-112 blocks (4.5 acres) in the Hometown District and includes
108 residential units and 87,212 square feet of commercial space.; and
WHEREAS, a Development Agreement was executed between the City of South
Miami and the South Miami Corporation by the adoption of Ordinance No. 05-05-1827
in March 2005 and is legally considered effective for a maximum period of 10 years
from the effective date of February 7, 2008; and
WHEREAS, the Development Agreement includes the requirement (Section 27,
p.13) that the developer submit an annual report 30 days before the anniversary of the
effective date which report is a status report showing that obligations have been met and
that there has been compliance with the provisions of the Agreement.; and
WHEREAS, the 2011 Annual report was submitted to the City on January 5,
2012; and in the form of a two page communication from Jerry Proctor, Esq.,·
representing the developer, South Miami Corporation, said report concluding that all of
the obligations set forth in the Development Agreement are met and that due to economic
and market consider~tions the project has not commenced; and
WHEREAS, the annual report in accordance with the Development Agreement
must be reviewed by the City Commission at a public meeting and the City Commission
may accept the report or if there is a finding by the Commission that there has been a
failure to comply with the terms of the Development Agreement, the Agreement may be
revoked or modified by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The 2011 Annual Report of the South Miami Corporation (First
National Bank of South Miami) on their proposed "Project Sunset" located at 5750
Sunset Drive as required by Section 27 of the Development Agreement is accepted.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this day of _____ , 2012.
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ATTEST: APPROVED:
CITY CLERK MAYOR
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:
ATTACHMENT B
eC:~ Bilzin Sun1berg
i-'TT()RNE"{S /:,1 ;"'A.VV
Via Hand Delivery
Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
January 4, 2012
Re: South Miami Corporation
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor@bilzin.com
Property: 5750 Sunset Drive and 1-1/2 blocks to the south and southwest,
City of South Miami
Tax Folio Numbers: 09-4036-022-0060, 09-4036-022-0070, 09-4036-022-0400,
09-4036-022-0410, 09-4036-022-0450, 09-4036-022-0420, 09-4036-022-0430,
09-4036-022-0320, 09-4036-022-0310, 09-4036-022-0300, 09-4036-022-0330,
and 09-4036-022-0290
Annual Report of Development Agreement
Dear Dr. Mirabile:
This law firm represents the owner, South Miami Corporation ("Owner"), of the property
located at 5750 Sunset Drive and the 1-1/2 blocks to the south and southwest, South Miami,
Florida ("Property"). The Property includes the twelve (12) folio numbers referenced above, and
includes the headquarters of the First National Bank of South Miami.
The Owner and the City of South Miami ("City") entered into a Development Agreement
("Agreement") related to the development of the Property. The Development Agreement, a
copy of which is attached as Exhibit "A", was approved by the City Commission and was
recorded in the Public Records on February 7, 2008. In accordance with Section 27 of the
Agreement, the OWner is required to submit an Annual Report to the City. Please accept this
correspondence as the Annual Report.
1. Use of Property. The Owner received approval by the City Commission in 2005
(the "2005 Application") for a mixed use development consisting of retail and office
space and residential units at a maximum building height of 56 feet. The terms for
approval are described in the Development Agreement, and remain in full force and
effect. Development of the Property under the approved plans has not commenced
since the recordation of the Development Agreement, due to economic and market
considerations. In the interim, the Property is used as a Bank and for off-street parking,
which provides a public benefit.
2. Commitments: The Owner intends to comply with all permitting and
infrastructure requirements enumerated in the Development Agreement.
MIAMI 2859870.1 7681329325
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131-3456 --"'i 305.374.7580 F"x 305.374.7593
Mr. Hector Mirabile, Ph. D.
Page 2
January 4, 2010
3. Compliance: The 2005 Application meets all concurrency requirements,
pursuant to Section 6 of the Development Agreement, and is consistent with the City of
South Miami Comprehensive Plan, pursuant to Section 9 of the Development
Agreement. The Owner continues to keep tax payments current; the attached Exhibit
"B" is the cumulative 2011 tax payment to Miami-Dade County made in November,
2011, totaling $373,709.68.
4. Assignment: The Owner has not assigned the Development Agreement to
another entity and is in compliance with Section 15 of the Development Agreement.
5. Owner's Representations. The Owner affirms the representations made to the
City in Section 24 of the Development Agreement. In addition, the Owner has submitted
Annual Reports to the City on or before the annual deadline prescribed in the
Agreement.
In summary and as documented above, the Owner has met or commits to satisfying all
of the obligations set forth in the Agreement.
Thank you for your attention to this matter and please do not hesitate to contact me if
you have any questions or require any additional information.
Sincerely,
JBP:id
cc: Christopher Brimo, AICP, Planning Director
Thomas Pepe, Esq., City Attorney
Max Mohler
Bruce MacArthur
MlAMI2859870.l 7681329325
BILZIN SUMBERG BAENA PRICE & AXELROD LLP