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From:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Stoddard and City Commission
South Miami
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Date:
Steven J. Alexander City Manager
Christopher Brimo, AICP fI) /
Planning Director 7'
February 27,2013 ITEM No._--'6='--__
Subject
A Resolution relating to the review and acceptance of the Annual Report of the 64 Development
Corporation on their proposed mixed use development project located at 5966-70 S. Dixie
Highway
PROJECT SUMMARY
The City Commission at its June 5, 2007 meeting approved Resolution No. 97-07-12482 allowing 64
Development Corporation to construct a mixed use building on property in the SR (HD-OV) zoning
district. The vacant site at 5966-70 South Dixie Highway contains 31,523 square feet and has sides
facing three streets. The project is a mixed use (office I retail) four story building with an integrated
parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of
retail space. The applicant received approval for three special exceptions to modify regulations
pertaining to lot coverage, building size, and location of curb cuts.
DEVELOPMENT AGREEMENT
Following a period of negotiations the developer and the City agreed to place covenants, conditions
and terms into an independent Development Agreement which would be in effect for 10 years, which
allows all zoning (special exceptions) to continue. The City Commission approved the Agreement on
March 18, 2008 via Resolution No. 41-08-12638 (attached). The agreement was duly executed and
recorded in the County registry of deeds on April 9, 2008 as required by Section 35 of the Agreement.
The Development Agreement is attached. In addition to the Development Agreement a supplemental
Right of Way Maintenance Agreement for the same project was also approved by the City
Commission on May 20, 2008 via Resolution No. 80-08-12677. This agreement sets forth drainage
and street improvements required for the project.
ANNUAL REPORT REQUIREMENT
The Development Agreement includes a requirement that the developer submit an annual report on or
before the anniversary of the effective date (March 18, 2008) of the Development Agreement (Section
27). It is a status report showing that obligations have been met and that there has been compliance
with the provisions of the Agreement. The report must be reviewed by the City Commission at a
public meeting. 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.
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2013 ANNUAL REPORT (Update)
The 2013 Annual Report was submitted to the City on February 15, 2013. The developer indicates
that as of February 6, 2013 a "new private equity investment group, SLON Capital, has acquired the
existing loan on the project.". The developer further states that negotiations are underway in order to
resume construction. On April 3, 2012, the City Commission approved the reassignment of the
development agreement to a new majority shareholder [Resolution 72-12-13629]. However, the
financing negotiations did not corne to fruition and the final recording of the reassignment documents
did not occur. The project owner, Mr. Marcello Fernandes, indicated that currently it is not his
intention to request reassignment of the development agreement.
Attachments:
Draft Resolution
Communication from Marcelo Fernandez, received February 15, 2013
Annual Report/or 2013
Z: IComm ItemsI201213-20-12164 Development COlp. Annual Reportl64 Development Project Annual Rep (2012) CM report. doc
1 RESOLUTION No. -------
2
3 A Resolution relating to the review and acceptance of the Annual Report of
4 the 64 Development Corporation on their proposed mixed use development
5 project located at 5966-70 S. Dixie Highway
6
7 WHEREAS, the City Commission at its June 5, 2007 meeting approved Resolution
8 No. 97-07-12482 allowing 64 Development Corporation to construct a mixed use (office I retail)
9 four story building with 38,233 square feet of commercial office and 11,052 square feet of retail
10 space located at 5966-70 S. Dixie Highway in the SR (HD-OV) zoning district; and
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12 WHEREAS, the City Commission approved a Development Agreement for the project
13 on March 18,2008 via Resolution No. 41-08-12638. which agreement was fully executed and
14 was recorded in the County registry of deeds on April 9, 2008 as required by Section 35 of the 19
15 Agreement; and
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17 WHEREAS, the City Commission approved a Right of Way Maintenance Agreement for
18 the project on May 20, 2008 via Resolution No. 80-08-12677 which agreement sets 23 forth
19 drainage and street improvements required for the project; and
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21 WHEREAS, the Development Agreement includes the requirement (Section 27,) that the
22 developer submit an annual report 30 days before the anniversary of the effective date which
23 report is a status report showing that obligations have been met and that there has been
24 compliance with the provisions of the Agreement.; and
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26 WHEREAS, the 2013 Annual report was submitted to the City on February 15, 2013
27 from Marcelo Fernandes, Vice President of the 64 Development Corporation, said report
28 concluding that all of the obligations set forth in the Development Agreement shall be met and
29 that due to economic and market considerations the project has not been completed; and
30
31 WHEREAS, the annual report in accordance with the Development Agreement must be
32 reviewed by the City Commission at a public meeting and the City Commission may accept the
33 report or if there is a finding by the Commission that there has been a failure to comply with the
34 terms of the Development Agreement, the Agreement may be revoked or modified by the City.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. The 2013 Annual Report submitted by the 64 Development Corporation on
40 its proposed mixed use project located at located at 5966-70 S. Dixie Highway as required by
41 46 Section 27 of the Development Agreement is hereby accepted without waiving the right to
42 reverse the approval if any of the factual statements are found to be inaccurate.
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44 Section 2. This resolution shall be effective immediately upon being approved.
45
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2 PASSED AND ADOPTED this __ day of ,2013.
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5 ATTEST: APPROVED:
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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:
64 DEVELOPMENT CORP.
February 15, 2013
City of South Miami
Zoning Director
Christopher Brimo
6130 Sunset Drive
South Miami, FL 33143
Re: Resolution NO.: 41-08-12638; 5966 S. Dixie Highway
Dear Mr. Brimo,
As per the requirements set forth in the above referenced Resolution, enclosed
please find the annual report updating you on the status of the project located at
5966 S. Dixie Highway.
Please contact me if you have any questions regarding this report.
SincerelY'B
/~ .. 4A I I /44
Marcel~ ernandes
Vice-Pr: sident
RECEIVED
FEB 1 5 2013
Planning and Zan' DePartmentmg
7440 SW 50 TH TERRACE, SUITE 110 MIAMI, FLORIDA· 33155
PHONE: 305-663-1293 • FAX: 786-363-4336
WEB SITE: OXFORDUNIVERSAL.COM
UPDATE -FEBRUARY 2013
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND 64 DEVELOPMENT CORPORATION
An Item by Item review is detailed below as requested per section 27 of the
Agreement:
Development Conditions as outlined in Section 8 of the Contract: ,
(a) The Company shall meet all applicable building codes, land
development regulations, ordinances and other laws.
UPDATE: COMPLETED -Permits have been attained from the
following City of South Miami departments:
Building and Zoning
Public Works
Miami Dade DERM
Miami Dade WASA
All permits meet the applicable codes and ordinances
All permits are in good standing
(b) The Company shall adhere to the requirements of all permits for
the project.
UPDATE: IN PROGRESS:
As of February 6, 2013 a new private equity investment group,
SLON Capital, has acquired the existing loan on the project.
This new group has been working closely with Developer to be
able ~o complete the project as quickly as possible. SLON
Capital is using their own funds to complete the project. They
have signed an agreement with the architect to re-start the
project and are proceeding with negotiations to finalize the
construction. Even before closing on this transaction, funding
for the continuation of the construction activity has already
Page 1 of 9
taken place. With this new group the recent activity at the
project has been as follows:
1. All deteriorated wood forms removed
2. All shore posts removed
3. Entire site cleaned
4. Structural basement wall sections completed
5. Multiple inspections by threshold structural engineer
6. Inspections by City of S Miami
Work Expected to continue during the next 60 days:
1. Remove & Reinstall new fence and screen
2. Complete all structural basement wall sections
3. Backfill entire site to basement structure
4. Grade entire property
Beyond the scope of work identified above the mobilization to start up the
construction at full force is expected to take place in April 2013. Currently
bidding and negotiations are taking place with all subcontractors and
vendors to resume the construction at full capacity. The project is expected
to have the roof level completed within 10 to 12 months of start date and
occupancy available shortly thereafter.
(c) The Company shall develop the project in conformance with the
parameters set forth in this agreement.
UPDATE: IN PROGRESS: Construction of the project will
progress exactly as per the approved master permit and the
terms and conditions of this agreement.
(d) The Project shall be consistent with the site plan submitted
with the special exceptions incorporated herein.
UPDATE: IN PROGRESS: Construction of the project will
progress exactly as per the approved master permit and the
terms and conditions of this agreement.
(e) The Company shall provide the Department of Planning with a
temporary parking plan, including an operational plan, which
Page 2 of 9
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.
UPDATE: COMPLETED -A Detailed construction staging plan
has been submitted to the City of South Miami and is currently
being adhered to.
f) All conditions imposed by the City Commission as part of its
approvals of the special exceptions referenced herein shall be
incorporated in this Development Agreement.
UPDATE: C.OMPLETED -All conditions established by the City
Commission have been incorporated into this Agreement and
are being adhered to.
g) The Company shall fund and implement traffic calming
improvements along streets abutting the property. These
improvements shall be set forth in detail in the agreement with the
City referenced in paragraph 5 herein.
UPDATE: IN PROCESS: A permit has been attained from the
City of South Miami Public Works· department which details all
the traffic calming improvements as requested.
h) The Company shall cooperate with the City and implement the
conditions for the development of the Project as set forth in the
conditions of the special exception approvals as well as in this
agreement.
UPDATE: IN PROCESS: All permits attained have been in full
compliance with all the approved special exceptions and
conditions in this agreement.
i) The Company shall present for Department of Planning
approval a landscape plan for the Project. No building permit
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shall be issued to the Company for the development of the
Property prior to the City approval of the landscape plan. All
proposed landscaping within the right-of-way abutting the
property shall be submitted to the Public Works Department
for review. The Company agrees to maintain the
landscaping and accompany irrigation in perpetuity.
UPDATE: IN PROCESS -A complete landscape plan has been
submitted and a permit has been attained for the landscaping
of the project. Landscaping improvements have not yet begun.
j) The Company shall use brick or concrete pavers along the
Property's frontage along US-1 .
UPDATE: IN PROCESS -Permits have been attained to include
a decorative concrete design along the frontage of the project.
The construction of this item has not yet begun
k) The building's parking shall be available to the general public for
public parking during the evenings and weekends subject to the
Company's right to designate the hours of operation and parking
rates.
UPDATE: This will be implemented upon completion of the
project.
I) The Company shall develop an incentive program to promote the
use of Metro-rail by all employees during peak hours.
UPDATE: This will be implemented upon completion of the
project.
m) The Company in cooperation with the South Miami departments
of Public Works and Planning shall erect directional signs and
traffic directional structures in the exits of the parking garage and
within the public right-of-way to guide exiting traffic away from
abutting neighborhood roads to US-1 during peak hours.
UPDATE: IN PROCESS: A permit has been attained from the
City of South Miami Public Works department which details all
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these directional elements as requested. Construction under
this permit has begun.
n) The Company shall coordinate with the South Florida Commuter
Services to promote carpooling.
UPDATE: This will be implemented upon completion of the
project.
List of Current Permits that have been attained:
Permit Type Issued By
Drainage FDOT
Landscaping on State Road Right of Way FDOT
Temp Fence FDOT
Access FDOT
DERM Class V Dewatering DERM
New Office Building Permit City of S. Miami
Tree Removal Permit City of S. Miami
Temp Electrical City of S. Miami
Plumbing Permit City of S. Miami
Temp. Portable Bathroom (Friendly John) City of S. Miami
Water Main Extension Permit Flo Dept. of Health
Demolition Permit City of S. Miami
List of status of Current Permits:
Water Main Extension -work completed at site. Finalizing permit
DERM -Class V dewatering -work completed and permit closed
New Office Building Permit -Active
Temp Electrical-Active
Plumbing Permit -Active
Temporary Port. Toilet -Active
Demolition Permit -work completed -permit closed
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Photograph of the site:
This photograph was taken immediately upon construction activity ceased
at the site. Since then the crane and barricades have been removed. Along SW
74 Street the asphalt has been patched where work was completed and the
striping has been restored to its original condition. All lumber has been removed
to install new forms and prepare to begin activity again.
Page 6 of 9
Photos of part of the work Completed at the basement level of
the project in January / February 2013
Over 10 Containers of debris removed
Concrete pouring of wall section on Jan 18, 2013
Page 7 of 9
Pouring concrete at one wall section -Jan 18,2013
Site Cleaned -all deteriorated lumber removed
Page 8 of 9
Site Cleaned -All lumber and shoring removed
Inspection Log Updated
Page 9 of 9