8TO:
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 # .....-= __ _
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 pennit "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
~ 1 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 fonnula for detennining 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 tenn of the Agreement.
37
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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 MAYOR
1st 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 CORPORATION ("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+1-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, 2005 but
which was never recorded; and
WHEREAS, the City and the Company amended the March 15, 2005
Development Agreement and this revised Development Agreement was dated
June 14,2005 and which was eventually recorded as required by statute; however,
the "amended" development agreement was recorded 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, 2005 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 subject to the
unity of title pursuant to the requirements of sections 20-7.30 and 20-5.14 of the
City Land Development Code (the "LDC") attached hereto as Exhibit "D".
3 • . Effective Date; Duration of Agreement. This Agreement
shall 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 "e" 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 a 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 CommerciallResidential (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 (1) construction
work on the Property, (2) temporary or permanent maintenance work on the
Property, or (3) proposals for leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint Preparation. This Agreement has been drafted with the
participation of the city and Company and their counsel, and shall not be
construed against any party on account of draftsmanship.
18. Binding 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,
Chainnan 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 tenns 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 affinnatively
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 perfonnance 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 agreement.
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 of the City. To ensure that the proposed
structure does not interfere with the City's future needs, any permanent structure
extending out over the City's easement shall provide the City with clearance as provided
in the Hometown Overlay District in the Land Development Code (IO-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 CORPORA nON
Print Name W. Rockwell Wirtz, President
Print Name
STATE OF ILLINOIS )
) SS:
COUNTYOFCOOK ____ __ )
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
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. FERBEYRE, 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 securin;:.. ~ertisem for publication in the said
newspapeW
Sworn to and subscribed before me this
26 day of OCTOBER ,A.D. 2012
h-, .....
O.V. FERBEYRE personally known to me
Notary Public State of Florida
Cheryl H Marmer .
My Commission EE 189528
Expires 07/1812016
MIAMI DAILY. BUSINESS REVIEW
Published Oaily except Saturday, Sunday and
Legal Holidays
Miami, Miami·Oade 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 f/k/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 issl!es of
10/26/2012
Affiant further says that the said Mi~mi 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
newspap~
Swom to and subscribed before me this
26 day of OCTOBER ,A.D. 2012
(SEAL)
O.V. FERBEYRE personally known to me
Notary Public State of Floridll
Cheryl H Marmer
~yCommlssion EE 169526
Expires 0711812016
MIAMI CAlLY 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. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/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 11/20/2012
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2012
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 securin I adverti t for publication in the said
newspa r.
Sworn to and subscribed before me this
09 day of NOVEMBER ,A.D. 2012
(SEAL)
O.V. FERBEYRE personally known to me
Notary Public State of Florida
Cheryl H Marmer
My Commission EE 189528
Expires 07/18/2016
34SE I SUNDAY, NOVEMBER 11, 2012 SE MiamiHerald.com I THE MIAMI HERALD
CORAL GABLES
Voters repeal 52-year-old law
• VOTE, FROM 3SE
475-7566 SouthHonda.com '=:::~~~=~=~~=~~~~~~~~~=:h commission." r The city had quit enforc-
Hi-Tech Air Service
FPL PARTICIPATING INDEPENDENT CONTRACTORsM
ing the pickup ordinance
during and after Kuvin's
suit, but Anderson, in her fi-
nal term after a decade on
the commission, proposed
that the Coral Gables Plan-
ning and Zoning Depart-
ment review the ordinance.
The Planning and Zoning
Board reconimended that
the rule be modified and the
discussion traveled to the
commission. The panel, in
June, at the urging of Mayor
Jim Cason, opted to put the
issue before voters in a
referendum.
Some, like Anderson and
Victoriano, expressed dis-
appointment at the time
with that decision. They felt
the commission should have
voted the matter up or
down.
Former mayor Don Sles-
nick, a staunch proponent of
keeping the ordinance, also
had urged commissioners to
maintain status quo.
Cason celebrated that so
many voters opted to be
heard 01( the issue, given
that the Item was last on a
five-page, two-sided ballot
laden with state constitu-
tional amendments, along
dents who have, or wish to
have, pickup trucks, may
now do so legally."
Anderson responded on
election night when it be-
came increasingly clear that
support for modifying the
ordinance had achieved ac-
celeration as more poll
numbers trickled in late into
the evening.
"I'm glad folks in Coral
Gables thought it was time
to update this archaic law,"
she said.
Cason said Tuesday's
change doesn't alter Coral
Gables' basic values.
~~~~~~~;;i;:;~~~~~~~~~~~~~========="""il with the presidential race.
"This is what democracy
is all about, the. voters mak-
ing their voices heard and
Coral Gables voters clearly
spoke last night," he said
Wednesday. "Those resi-
''Whether you supported
or opposed the change, Cor-
al Gables is still the City
Beautiful and will always re-
main so," Cason said.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City CommissiQn of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday. November 20. 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(U), of the City of South Miami's Land
Development Code, Outdoor lighting spillage; creating additional minimum
standards for outdoor lighting in residential districts. )
U
n Ordinance amending the development agreement originally adopted
by Ordinance No. 05-05.1827 and amended by Ordinance No. 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
greement and term of agreement. ,
An Ordinance amending Article III, Section 12-56 titled "Administrative
procedures" of the City's Code of Ordinances to provide an administrative
procedure for the payment of the special and general counsel of the Health
Facilities Authority.
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.
Victoriano doesn't own a
pickup truck-her son does
-but on 'Thursday after-
noon she was enjoying the
S:mD Public Open House Meeting
C;::.~1&~
iR~. Har~yMathespil: P.res.enre'
'Thepurpo)wof~is,·piA)rICIJP\ln:h.ouse·me!liliJ!iis.i(frec$.~~
'~1)~r.e9;trdil1!llli!lpr()pOSlliJ.~siOruilOiI1l!!W!lllfalplll!1 tor,
,~'~i1rlEp.~~~~:~~~=
. . .Plil~ltoGoit COurse .
9300 CQr.il Reef Drive, MiamI, FL ~3176
. ·Dec~mbet1iihi.201i6:00':':8:00 PM .
For ni6re Info~on reg~d~gttiis j;r~j~ or ~ ~~ aeopy ofihe. plan pie~ cariiaCt: .. .. .
DaUas HaZelton·
Envin>ilnilliltillReSoutcePrbjiicl SupervlsC;T
Parks; RecreaUonand Open SpaceS Department
. 305-257'()933x231
To. request. material in an accesslbie format; informatiori.on
access fOr P6I.SOnSWith disablliti~.or slg~'inteljireter se~
(7 days!n advance)~cafi 305-365-6706.
Public participation is soIiciled wi\houtregardtorace, Clliori
refl9ion •. sex,age, national ortgin, disability orfamily status •.
For legal ads online. go to http://Jegalads.miamidade.gov
Page: NabesSE_22, Pub. date: Sunday, November 11
victory.
"It felt good driving
through the Gables. I smiled
when I saw a pickup and
knowing we had a big part
on this," she said, adding
that there is one more chap-
ter in this long story.
''We're planning a tailgate
party within the next couple
of weeks."
Follow @HowardCohen
on 1Witter.
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Last user: paulsteszewski
C,.fifinn-let C:o,...tinn "7nn.o-n':lI'to<::&: I '!IoC,'f ,.h'!lonn.o ::.+-?O·?l·'l:l N'nuornhor Q
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
C.V. FERBEYRE. who on oath says that he or she is the
VICE PRESIDENT. Legal Notices of the MiamI Dally Business
Review 11k/a Miami Review, a,daily (e~ept Saturday, Sunday
and Legal Holidays) newspaper, publisl:t~ at Miami In Miami-Dade
County, Florida; that the attached QQPyof advertisement,
being a Legal Advertisement of Notice in the matter of
:~' " '~
CITY OF SOUTH MIAMI
CITY COMMISSION ME~ING fOR 1214/2012
• • . ". r ~ : ,,, " t;
inthe:XXX>(-;«, ",'~Vr,'.:>Court. '.\
was published In,saidnewspaparinthe'lsslles,of
.' ~:: I!' ":-:~;j<; .";
. \. ~ ~ -'"
11/2312012
( . ~
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Affiant furth~; says thifih~~~d'Mia;oi'D~lIy Bu~in~ss;.:,:: '~,' .'.
Review isal:\BW$papef,published atMiamiln'said Miami-Dade,
County, Floridaaod;thatthe.'sald newspaper has \ ,,'J;,,':' .. " .
heretofore,beencontlnuouslypoblishedi in said Miami-D~de' COlJllty,
Florida, each day (except Saturday, Sunday and LegalRoUdays)
and has been enterE!d a~. ~!,!cofl<;!qlas,~ mllil. TOll\te~ at th~,P9$.t . :",
office In Miami in'said Miami~batle County, ROrida,for a '
penod .of one"year nex!:preceding th\' first p,ubUcaf/on of tile., . ' .'
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 orrefurICI for the purpose
of secunn s adve . for publication in the said
newspaR : ... ,,', ' i
sworrito and subscrlbed before ma this
23 day of NOVEMBER ,A.D. 2012
(SEAL)
O.V. FERBEYRE personally known to me
Notary Public State of Florida
Cheryl H Marmer
My Commi$Slon EE 189528
Expf(1ls 01/1812016
-~ ..
'.:. ".:'''CltY':OF;,:~dt)+~::,r~t~Mf:'.,;:,::''':'' . i
:' .', r~OTeC~",O!F.:~:PUBLjC/:HE~RI~G: "";
NOTtd~ .'f~ '~~ER'i~~:h~.j~~j~~i!i~:~:d~}biii~j~~i~k~Hi:ih~',:Ci~', oi'
Soutti Mlaml,.:Floridawill 'C6iiduct·P.u6Ircllearh'lg(s)':'i:I(its regula(City
'Commission,·'lTieetlng:,scliedOled.:lo.(1'iiG!ldav/'p~cembef.4;·;:2012"
.beginning afi:30,p;m.;iiij!Je'CiWComt1]issio!"l.l:;hanib'i!I9;:6130'Sunset·
" «to'~W,lios'''' sIX "\8d7P3"1:SW:.62'Aireiiu'e''<l$rIdif,:.>:· ({ii1_~~;~.
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··.2o;.3.5(E):(inIiErCIt1s'LaildQevel6piiientG~e;Jo: 00, i/ .... ·;.
. '. feet offron ." .' e'So'feef off('" . ..' '" ' .. :':::,~~~rffr:~;'~CYJf~ft~~ ~~~~~it.~kt~'s Hr}:~
: .' r 'uli~d; tll'allow il:sidifsn-eet's~lliiick'Of,6:6ileet .. ~'15'faet :: .:: : ·,~:~~~~·:.:fs~~~~;~~~i~:~::.~~~~t6f~~~tl~~~r~,;~~~:·;
'. :Iamlly 'affordable -home Oil'lnioncohfoiining:JcWof JeciSra;lrFar/:." " .
" ': 'RS-4 :zori!nQ dlstriCt,'locafe'q ~nhe'NI:. i:otn~t~t$W,'¢2Me~,ana;:,: .. .-
;~IJllilrlf:
.Pul9uruit ,,ti{ Floriila:Staiules ',286.010S/,tlie',City'"heretiy:advises :ilie;
public tMt'lf's ,person, decides to ,appea!.allY ,~eclsloll m~~e,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.
·end that lor such purpose, effected person mayneed, to ensure that a
Verbatim record of the proceedings is made Which record Includes,the
testimony end evidence upon which the appeal is to be based .. : "", ,
11123 ' , 12-3-21/1986026M . ._-'-'" "...".
THE MIAMI HERALD MiamiHerald.com
MIAMI
Santa to make a visit at mall
with special-needs children
Miami International Mall
will hold a holiday event
geared toward families with
special-needs children.
The Caring Santa event
takes place from 9:30 to
10:30 a.rn. Dec. 2 and allows
families with children who
have special needs take a
photo with Santa while in a
subdued environment.
Caring Santa has been de-
veloped by Simon Property
Group and is guided by
AbilityPath.org, a national
online resource hub and
special-needs community.
The events typically re-
duce sensory triggers, such
as turning off in-mall music,
stopping escalators located
near the Santa set, dimming
the lights and shutting down
fountains during the dura-
tion of the event.
Caring Santa events also
eliminate lines through the
use of a numbering system
and include activities and
stories while children wait.
Participants are encour-
aged to RSVP by going to
www.AbilityPath.org.
NEIGHBORS CALENDAR
• CALENDAR, FROM 26SE
make the city magical by hosting an
annual fundraising gala. This en-
chanting evening will pay special
tribute to the arts and those who
contribute their creative. artistic
genu is to our city ..
8 p.m. Nov. 30. New World Sym-
phony. 541 Lincoln Rd., Miami Beach.
www.ilmiamLorg/.
Fifth Annual Supertest -Presented
by Fox Sports Florida/SunSports:
SOUTH FLORIDA AFTER-SCHOOL
ALL-STARS SETS THE STAGE FOR
ONE OF SOUTH FLORIDA'S LARGEST
KIDS' HOLIDAY PLAYGROUNDS
Miami October 31, 2012. The South
Florida After School All-Stars is
preparing for its fifth annual Su-
perfest slated for December I, 2012
from 9 a ..
9 a.m. Dec. I. FlU Modesto A.
Maidique Campus, 11200 S.W. 8th
Street, University Park. Free/ Dona-
tion accepted. 305-576-4026.
sfasas.org.
Listeners/Oyentes Program: Non-
judgmental English-or Spanish-
speaking adults who relate well with
kids needed as sounding boards to
make a difference in the life of a
child; a Miami-Dade County Public
School program ..
9 a.m. Nov. 25. Listeners/Oyentes,
1450 NE Second Ave., Media and
Entertainment District.
305-935-0045.
www.listenersprogram.org.
Rotary Club Miami-Granada Meet-
ings at Big Five Club: Come join us
for an evening of fellowship, net-
working, and community service.
Weekly speakers & social fund raising
events. The only Spanish Speaking
Rotary Club in the U.S ...
7:45 p.m. Nov. 28. Big Five ClUb,
600 SW 92nd Ave ... $15 Dinner -
optional.
www,rotaryclubmiamigranada.org.
Rotary Club of Miami Luncheon
Meeting: Find out how you can
make a difference in our community,
have fun with others and how taking
a break from work on Thursdays can
~~~~~~::::;:~~~=:~::"==",",,='l;_.
be very rewarding.
You can see a list of upcoming
speakers, events and projects at our
website -www,.
12:15 p,m. Nov. 29. Hard Rock Cale
Miami, 401 Biscayne Blvd., Down-
town Miami. $25. 305-443-5787.
www.miamirotary.org.
The Education Fund's 2012 Celebrity
Teach-A-Thon Fundraiser: Pao Town
will host The Education Fund's 2012
Celebrity Teach-A-Thon Fundraiser at
6 p.m. on Wednesday, Nov. 28. Pao
Town and its owner Abe Ng. a
Teach-A-Thon volunteer. have gener-
ously offered to donate 15% percent
of all sales lrom 6 -9 p ..
6 p.m. Nov. 28. Pao Town, 2624
Ponce de Leon. Coral Gables. No cost
to participate. 305-892-5099 ext 14.
www.educationlund.org.
CIVIC/GOVERNMENT
Allapattah Neighborhood Associa-
tion Meeting: Group provides an
opportunity for the residents of
Allapattah to strengthen the com-
munity by sharing ideas and dis-
cussing the issues lacing the neigh-
borhood. Meetings are held
monthly ..
6:30 p.m. Nov. 28. Village of
Allapattah YMCA Family Branch,
2370 NW 17th Ave., Allapattah.
allapattah.wordpress.com/.
CLUBS
Fly Sexy Fridays: Swaggafield Ent. &
King 01 Promotions Presents: Fly
Sexy Fridays @ Skyline Miami -Bar &
Lounge! First flight November 30th!
Ladies fly free until12! Flight Tickets:
$20 the most sexiest exclusive Ilight
you will ever take ..
10 p.m. Nov. 30. Skyline Miami -
Bar & Lounge, 645 Washington
Avenue, Miami Beach. $20, Ladies
free until 12. 786-597-3933.
www.sl0jlinemia.com.
Goldcoast Chorus: Do you love to
sing? Goldcoast Chorus is seeking
adult women singers. We are an
acapella women's chorus singing in
4-part harmony. No experience is
necessary, just an ability to carry a
tune and a love of singing ..
7:30 p.m. Nov. 27. Dice House,
10000 SW 82nd Ave" Kendall. Dues.
305-974-6334.
Monthly Game Day: New Neighbors
Club 01 South Dade invites game
loving lolks to join us on the last
Wednesday 01 each month lor game
day. Bring any game you choose (i.e.
Scrabble, Rummy Cube, Canasta,
etc ..
12 p.m. Nov. 28. Miami Elks Club
#948, 10301 SW 72 ST, Sunset. Free -
Attendees pay lor their lunch.
305-279-3197.
Old Cutler Republican Women's
Club: Join us for great speakers and
to discuss current events and topics.
RSVP: Joanne Connolly at
jdconn@hotmail.com or
305-253-4938.
6:30 p.m. Nov. 27. Red Lobster,
8705 SW 136th St." 305-299-8840.
www.republicansready.org.
Take Off Pounds Sensibly (T.O.P.S.):
A weight loss program ..
9:30 a.m. Nov. 29. Killian Pines
United Methodist Church, 10755 SW
112th St., Kendall. $5 per month $28
per year. 305-598-1397.
COMMUNITY
4th Chakra: This concert has influ-
ences lrom North Indian Ragas &
Talas, Classical Western themes, a
little rock lusion, ethereal sounds
and some Americana in an eclectic
blend.
Featuring: Vicki Richards -violin,
Jeff Deen -tabla, Mitch Kopp -guitar
Each musician is a leader, com-
poser, and improviser in his/her own
right..
2 p.m. Nov. 25. Arts at St. John's,
4760 Pine Tree Dr., Miami Beach. $20
at door. $15 Seniors or online. $5 at
door lor stUdents with I.D.s.
786-309-1275.
www.artsatstjohns.com.
AGUAVIVA by Cecilia Sanchez
Vegas: AGUAVIVA by Artist Cecilia
Sanchez Vegas presented at the
Caridi Gallery.
AGUAVIVA explores the Water
hexagonal molecule in all its splen-
• TURN TO CALENDAR, 2aSE
?UNDAY, NOVEMBER 25, 2012 I 27SE
MOTORS
southmotors.com
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 Tuesday, December 4. 2012. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
r An Ordinance amending the development agreement originally adopted bY)
Ordinance No. 05-05-1827 and amended by Ordinance No. 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 agreement.
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 #09-4025-027-0010.
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-5" mixed use 5 to "H" hospital, for property located 7031 SW
62 Avenue (Larkin Community Hospital) -Folio #09-4025-027-0010.
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.
A Resolution related to a request for five variances from Section 20-3.5(E)
of the City's Land Development Code, to allow a 37.5 feet of frontage where
60 feet of frontage is required; to allow the lot area of 3,525 square feet
where 6,000 square feet is required; to allow 12 foot front setback when
25 feet is required; to allow a side street setback of 6.67 feet where 15 feet
is required; and to allow maximum building coverage of 37% where 30%
is required, to construct a LEED Certified single family affordable home
on a nonconforming lot of record in an RS-4 zoning district, located at the
NE corner of SW 62 Ave. and SW 62 Terrace.
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.