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8RESOLUTION NO. --------------------- 2 3 A Resolution of the Mayor and City Commission of the City of South 4 Miami, Florida relating to the review and acceptance of the Annual 5 Report of the South Miami Corporation (First National Bank of 6 South Miami) on their proposed "Project Sunset" located at 5750 7 Sunset Drive. 8 9 10 WHEREAS, in March, 2005 the City Commission approved a mixed use project 11 entitled "Project Sunset" located at 5750 Sunset Drive, which project is a unified development 12 covering 1-112 blocks (4.5 acres) in the Hometown District and includes 108 residential units and 13 87,212 square feet of commercial space.; and 14 15 WHEREAS, a Development Agreement was executed between the City of South Miami 16 and the South Miami Corporation by the adoption of Ordinance No. 05-05-1827 in March 2005 17 and is legally considered effective for a maximum period of 10 years from the effective date of 18 February 7 , 2008; and 19 2 0 WHEREAS, the Development Agreement includes the requirement (Section 27, p.13) that 2 1 the developer submit an annual report 30 days before the anniversary of the effective date which 22 report is a status report showing that obligations have been met and that there has been compliance 23 with the provisions of the Agreement.; and 24 25 WHEREAS, on December 4, 2012 following a public hearing, the City Commission 26 approved an amended development agreement; and 2 7 2 8 WHEREAS, on February 27,2013, the revised development agreement was recorded and is 29 attached as Exhibit "B"; and 30 3 1 WHEREAS, the annual report in accordance with the Developm ent 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 2012 Annual Report of the South Miami Corporation (First National Bank of 4 0 South Miami) on their proposed "Project Sunset" located at 5750 Sunset Drive as required by Section 4 1 27 of the Development Agreement is accepted . 42 43 Section 2. This resolution shall be effective immediately upon being a pproved. 44 5 46 PASSED AND ADOPTED this __ , day of ___ , 2013 . 47 48 2 3 4 5 6 7 8 9 10 11 12 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED : MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: 13 Commissioner Harris: 14 Commissioner Welsh: 15 CITY ATTORNEY 16 17 18 ~~ Bilzin Sumberg A TT OR ~jEY S AT LA W Via Hand Delivery Mr. Christopher Brimo, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Dear Mr . Brimo : May 6,2013 South Miami Corporation Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 305.351.2250 jproctor@bilzin .com RECEIV D MAY 0 9 2013 Planning and Zoning DePartment Property: 5750 Sunset Drive and 1-112 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 This law firm represents the owner, South Miami Corporation ("Owner"), of the property located at 5750 Sunset Drive and the 1-112 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. On December 4, 2012, by public hearing approval of the City Commission, an Amended Development Agreement (the "Updated Development Agreement") was approved . The rev.ised Development Agreement was recorded on February 27, 2013 and is attached as Exhibit "B". In accordance with Section 27 of the Updated Development 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 Updated 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 Agreement, due to economic and market considerations. In the BILZIN SUM BERG BAENA PRICE & AXELROD LLP MIAMI 3658647.176813/29325 1450 Brickell Avenue, Suite 2300, Miami, FL 33131-3456 TeI305.374.7580 Fa x 305 .374.7593 www bilzin co m Page 2 May 6,2013 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 Updated Development Agreement. 3. Compliance: The 2005 Application meets all concurrency requirements, pursuant to Section 6 of the Updated Development Agreement, and is consistent with the City of South Miami Comprehensive Plan , pursuant to Section 9 of the Updated Development Agreement. The Owner continues to keep tax payments current ; the attached Exhibit "C" is the cumulative 2012 tax payment to Miami-Dade County, totaling $366,170 .21. 4. Assignment: The Owner has not assigned the Development Agreement to another entity and is in compliance with Section 15 of the Updated Development Agreement. 5. Owner's Representations. The Owner affirms the representations made to the City in Section 24 of the Updated Development Agreement. In summary and as documented above , the Owner has met or commits to satisfying all of the obligations set forth in the Updated Development Agreement. Thank you for your attention to this matter and please do not hesitate to contact me if you have any questions or require any additional information. d re~, ~ ~{~ JBP :id cc: Thomas Pepe, Esq., City Attorney Bruce MacArthur Nadine Heidrich MIAMI 3658647.176813129325 ~J BILZIN SUMBERG BAENA PRICE & AXELROD LLP 2 111I1~IJln IIIMDW~DII!III~~~»UIII OR ek 26203 PSi 13BO -14011 (22p95l RECORDED IJ2IQ7Ill)C!l 10:53:06 HARVEY RUVl~r CLERK OF CDURT I'IIAMI~DAOE COl/tITY, FLORIDA DltVELOPM&NT AGlUll!OOIlNT BETWEElJ THE CITY OF SOOTH KIAMI, FLORIDA AND SOUTH YUKI CORPORATION 'tHIS DKVKLOPNDI'l' ~ ("Agreement") is made as of U",_" _, :lQQ& J"un. U,. 2005 by and between 'l'HE CrTY OF SOUTH MIAMI, FLORIDA a munic1pal corporation ("Cj,ty") and SOUTH MIAMI CORPORATION (~Company") or ita assignee. ~, the Florida Local Government Development ~9reement Act, set forth in sections 163.3220 -163.3243, Florida Statutes, set forth in Exhihit "A" (the "Act") provides tor the execution of development a9reements for a term not to exceed ten (10) years to insurQ th~t the law in effect at t~e t1me of the exeoution Of the development agreement sh~ll 90vern the development Qf the land for the duration of the aqreementl and WHEREAS, the city commis$ion of the City of South Miami has adopted Ordinance No. 05"05~1827 which implements the Act and permits the con8iderat~on and the adoption of this aqreementl ond ~, the Company OW.ll15 approximately 4.5+/-acres, zoned HO-OV, described in Exhibit "B," (the "l'rop$rty"); and RBERBAS, the Company desires to construct a mixed U~e development encompass1nq retail, office and residential c:omponent5 described io Exhibit "C," (the "project") in the Hometown District Overlay Zone within the City of south Miami. Page 1 or 17 EXHIBIT "A" .' Book26203/Page1380 CFN#20080104490 Page 1 of 22 ••. -.. -~ •• _t '. -__ ~ ... _. _____ .. ______ ... _. ____ .......... _ .. _ ••• _. ____ ."'~~ ___ ~"1 ___ '~"_"""_" .... _. ____ ..... _ ....... _. ,.. ", NOW, THEREFORE, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency of which are expressly acknowledged, the city and Company covenant and agree as folloW6: 1. Incorporation of ~cital •. The recitals Bet forth Bbove are true and correct and are incorporated herein by this reference. 2. P%oporty. The Company owns the property as described in , Exhibi t "A". This property is deemed to be one unified parcel and is subject to the unity of title pur$uant to the requirements ot sections 20.7.30 and 20- 5.14 of the City Land Development Code (the "LDC") attached hereto as Exhibit ~O". 3. ~ff.ct1v. D&~o; Duration of Agreemant. lhis agreement shall become effective after it has been recorded in the public records ot Miami-Dade County and thirty (30) days after it is received by the florida Dep~rtment of Community Affairs Ithe ~Effective Date"}. This agreement shall terminate tan years from the effective date of thi~ agreement, unless otherwise ext~nded or te~inated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years f~om the effective date unless extended by mutual consent of all legal and equitable owners of the Property 4nd the city upon approval at a public hearing, as provided in the act. 4. '0 •• o~ Property. The property described in Exhibit \'A t• is to be utilized for the projeot described in Exhibit \<le": a rn.b,ed use residential, office and retail project with a residentia.l use not to e~ceed 108 dwelling units on Page 2 of }'1 Book26203/Page1381 CFN#20080104490 Page 2 of 22 ',' approximately 4.5 +/-acres. The project will include "chamfered" cormU'$ where it abuts roadway intersections pursuant to Exhibit "C". 'Xhe occupied space of the project will not e~ceed fo~r stories or fifty six (56) feet in height unless otherwise p~rmitted by the South Miami comprehensive plan or its land development requlations. The total of occupied space of the project shall not exceed tour stories. Non-,occupied space shall not exc::eec;i a max.1.mum height of fifty six feet. The project shall be built in two phases as follows: • Phase I shall consist of Blocks "AI< and ~.::!.: described in Exhibit "C", • Phase II ehall consist of Block ~ ~de5cribed in Exhibit "C". • The company may elact to !mP1ement the • 'lhe Co!pany .y elect to ut.i11se Block "C'" all a t!!J?Oruy bAQk facili t.y nth clr).".·throuqh lAnu (no~ to exc .. d fow: lane.) which tao.i.lity aha.ll ~ r~d y,ppn the i •• u.aDce of t.htI Certifioate of OCoupancy for the Bank iaell! ty on Bloc;k "A". The 9verall development of tne property shall be conductBd in accordance with the approved site plan on file at the City, (attach~d and incorporated 815 Exhibit "B") including elevations, architectural features And eatimated commercial square rootage ~ursuant ~o Section 20.3-7, ot the LOC. 5. iUb11c Faciliti •• Servinq the Pxoject. In order to enl'lance public facilities in the Cit'y of South Mialll.i, the Page 3 of 1'1 Book26203/Page1382 CFN#20080 ·104490 Page 3 of 22 ~. '.' Company agrees to provide the 8ervice~ listed below in compliance with Section 20-4.1 of the LOC, includinq; (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 X'ecommendations are incorporated herein by reference. (b) Parks and Recreation Based on the projected residential population on the Property, Company a9rees te pay'.. •• ,:revis,a ,8 SRes ui! laPis eeee19t:e:l:e te I!~e Ci4!:y '81' a '\taHoe palr,1o rA ~fte . 6:l:"el!l"a~! ... e, 'aile rae""", ... ) "'4)' , •• ,ieie Il '\e~e81e."III_e p'a~""'e ... t:" odee" aft aft8 ave •• "e Balel! ,U'.8e et .. eM88"eiel 1'!I!'apoJ!liIy i.A aha ei:ty o','e •• AI! 111('_ ~a:ri ~"e ;.wpa~~'a pe~e"~ .Asl. _e p*6eea 1'" Q apee491 hl'l" Ie. .p IUHU", , 8ft ea,;,tual '~~e¥eMeft.. ~e p •• k _ftS ree.ee~i5" taei~i@4ee ill ~he Gj,t!)'. 'i'hePa~ef\e shell Be !IIatie ift ,fte! l~ aUN 8" 8e eaiere a Gerti~ie&~& &E g~e ~8~ eee\t!'Mey is !Wllift".EI hlP *the f:h8~ zoee kfie .. UaOl 'ttn:i:t en the {lrepe~'e) i to donate .232,000 in on. l.ump .\XIII AI i bI ",pond-hili ty for ... ting park and ~cr.at1on concurrency. P.ymant ah.ll be made on or before rec.ipt o:l the fust buUdi",g p!.mi t an4 ,ball inc:::bde any inter •• t or carryinq COlt incurred by the ~t;y untU J:'1Ic.,ipt. of the paJlD!",t..1/ (c) Sanitary Sewers Water and Sewer services th~t comply with all requirements of Miami-Dade County bl.lildinq prior to iS$uance of Certificate of Use an~ Occupancy . hge 4 of 17 8ook26203/Page1383 CFN#20080104490 for any a final Page 4 of 22 -----_ .. -. __ .... _- (d) je) Solid Waste Solid Waste service!! that comply with all requirements of Mhmi-Oade County for any . building prior to issuance of a final Certificate of Use and Oocupancy. Schools The Company caromi ts to pay upon the ;i.$ suanee of the initial certificate of occupancy any requi~ed Miami-Dade county School Board sChool impact fees. 6, Concur~.ncy. The City of South Miami has determined that the Compa.ny's performance under the Development hgreement sat isfies the concurrency requirements, as delineated in Section 20-4.1, City Code. By !!Kecution of this Agreement, the City acknowledges that the application for ~ite plan approval meets all concuz;rency regulation" enumerated in section 20-4.1 of the Cit~ Coder and that the site -, plan applice.tion and this Aqreement axe consistent with the City Comprehensive Plan and Land Development Regulations. 7. haaitlf. The permits preliminarily identified as nece6sary for development ot the project are described as follows: (a) Special Exception to permit four drive- throuqh teller lanes within the site, (b) Special Exception to provide 72 ,2% +1-lot coverage. Ie) Special U~e permit to permit up to four restaurants with a maximum total of l3,820+/- square teet with parking to be supplied from any Pa9'e 5 of 17 Book26203/Page1384 CFN#20080104490 Page 5 of 22 ,,----,,-----------------,,------------------ " " excess parking within the site. Retail and restaurant parking shall be marked and signed. B, D.v.1o~nt Conditions. The following conditions ahall apply to the development of tne p~oject; la) Th.e Company shall meet all applicable building codes, land development re9ulat~ons, ordinances and other laws, (b) The Company shall adhere to the requirements of all permit3 for the project, (e) Th.e Company shall develop the p~oject in conformance with the parameters Bet forth in this a9reement. Id) All development shall be in accord with the site plan submitted with the ' special exception and special use applications, said site plan incorporat"d in Exhibit "C". (e) The Company shall provide tlw Department of Planning with a temporary parking plan, incl~din9 an operational pl~n, which address~s construction employee parking durinQ the constr\lction 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 imp05eQ by the City Commi8~ion shall PO incorporatod in this Development 'A9t'eement. g) Company shall re~mburse the City its lost parking revenue from Clny metered parking spaces Page 6 or 17 Book26203/Page1385 CFN#20080104490 Page 6 of 22 , ' ,', adjac&nt to the Property which it occupies or uses during tne construction period, h) The Company shall donate to a city trust fund ~40,OOO.OO to be used by the c;ity for traffic calming or other traffic miti9ation programs within the City of South Miami. This money shall be donated to the City , prior to the issuance of 1ts fir~t b~ilding permit. 9. Conaiataney with City o1! SO\Jth Miami COlnpxehenaive Plaa aDd L&Dd o.v.lo~nt 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 m;!.xed use residential, office and retail development, as set forth herein, is consistent with the "Mixed-Use Comrnercial/Resident.i,.al (Four story)" de3ignation on the future land use map, and the HO-OV ~onin9 district on the Official Zoninq Atlas of the City of South Miami. Goal 2 of the Future Land Use Element identifies t~e det'ine$ the home town district which consists ot the "Hometown District Overlay Zone, /I as defined in Article VII, sections 20-7.1 through 20-7.52 of the city's land development requlations. 10. V •• tin9. As lon9 ae the development on the Property 15 i .n compliance with thia Development Agreement, and all ~pplicabl~ laws, ordinances, codes and policies in existence at the time of the execution of the Development Agreement as well as other req1Jirements impo.$ed by ttle City CornmilSsion upon the ratification of the Bite plan approval Page 7 of 17 Book26203/Page1386 CFN#20080104490 Page 7 of 22 ......... _. • ••• A .. "-",,. ___ -.. ••• _______ • _________ "_ · ~ . on the Property, the P~operty shall not be the 6ubject of a down ~onin9, application by the City and shall not he subject to any development morotor1.um/ referenda !lction, ordinances, poliqies, or prooedures enaoted by the City that limits the development contemplated by this Agt"eefTlent and depicted in the site plan. Any fail~re 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 90verninq said permitting requirement~, cond~tions, terme or restrictions. 11. Ji>axm.it., Condition., !re=-and b.tr,1cUona not Addr9 •• ad. 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 90verning said permittin'g requi~ements, condition5, terms, or restrictions. 12. Duxalion ot Pe=.t.ts. Tne Company ackno .... ledges that this agreement does not extend the duration of any permits or approvalS. lJ. L._ Goveming Dev.lopwmt of tb.. P:rope:r:ty. The ordinances, polJ..ciea and procedureG of the City of South Miami concerDin9 development ot the property that are in existence as of the execution 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 aocordance with the provisions of section 163.3233(2), Florida Statutea, and Ordinance No. 05-0~-1827, as attached. page 8 of 1."I Book26203/Page1387 CFN#20080104490 Page 8 of 22 · ~. 14. T.~n.tion. This a9reement may. be termin~ted by mutual written coneent of the city and Company, subject to the terms and conditione herein. Either party may terminate this Agreement if the othl;!r party commits or allows to be committed any material breach of thia Development Agreement. A "material brea.ch" of this Agreement shall include, but not be limited to, a failure of either party to perform any material duty or obliqation on its part for any thirty (30) consecutive d.ay period. Neither party may terminate this Agreement on grounds of material bteach of this Agreement unless it haa provided written notice to the othe~ party of its intention to ' declare a breach and to terminate this Agreement (the "Notice to Terminate") and the D~eachin9 party thereafter fails to cure o~ take steps to substantially cure the breach within sixty (60) days following the receipt of such Notice to Te~minate, with the e~ception of monetu'Y brea.ches which shall be cured within thirty (30) after receipt of notice. 15. A •• ignm.nt. This Development Agreement may not be osl5ign.ed by the Company ex.cept to an a.ffiliated entity, without the prior written consent of the City. Subject to the preceding sentence this De.velopment Agreement shall be binding upon the 8uccessors, 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 Fore.. The Company agrees to use its best efforts to enhance job opportunitiea for local c1t1zens in connection with the project. To that end and in ordex to Paqe 9 of 17 Book26203/Page1388 CFN#20080104490 Page 9 of 22 • ~ * r ~ • maximize job oppo~tunities for applioants from South Miami, the Company shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a subst~tllte designee 1:>:1 the City Manager, reg~rding employment opportunities rela.ted to any (1) construction work on tne Property, (2) temporary or permanent maintenance work on the Property, or (3) ~roposals for leasing of retail space or employment opportunities d$sociated with retail space located on the Property. 11. Joint Vr.p&%ation, Thi~ 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. B1nd!ng .~t.ot. The 1:>urdens of this aqreement shall be binding upon, and the l:>enefits of this agreement shall inure .to, all successors in interest to the parties of this ag~eement. 19, caption. and H •• ding.. Pa.ragraph headinqs are for convenience only and shall not be used to construe or interpret this agreement. 20. Applic-.l;ll. Law., J~.1.diction, and Vanue. This agreement shall be governed by and interpreted, concstrued, ~nd enforced in accordance with the internal laws ot Florida without regard to principles of conflicts of law. This agre~ent may be enforced AS provided in Section 163. 3243, ~loricia Stat\ltes. venue for any litigation pertaining to the subject matter he~eo! shall be excl~sivQly in Miami-Dade County Florida. Pa.ge 10 of 17 Book262D.3/Page1389 CFN#20080104490 Page 10 of 22 -----------_._-_ .. _-_. 21. l!nfor~nt. In any litigation arising out of this agreement, the prevailing party shall be entitled to recover its costs and 4ttorDeys feee, Attorney's fees payable under this paragraph shall tlot exceed 25' of the amount of damages awarded to the , prevailing party and no party shall be entitled to pre-judgment i.nterest. In any injunctive or other aCtion not seeking damages under this parag:r:aph t legal fees may be awarded in the discretion of the court, but shall be reasonable and shall not exceed an hourly rate of $300.00 per hour. 22. In_paction. Nothing in this Agreement shall be conatrued to waive or limit the City's 90vernrnental authority as a mUnicipal corporation and pOlitical 5ubdivision of the State ot Florida. The Company therefore unr;ier3tand~ and agrees that any official inspector of the City of South Miami, or its agents duly authorized , have the right to enter, inspect and investigate all act~vit1es on tne premises to determ~ne whethsl.' the Property complies with applicable laws including but not limited to building and zoning regulations aod the conditione herein. 23 , Autborlzation to W1thho14 Permita and In.paction8, In tne event the Company is obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies aVailable, the City of South Miami is he~eby authorized to withhold any further permits on the portion of the property failing to comply with this Development Agreement, and refuse any inspections or qrant any approvals, with regard to that portioo of the Property Page 11 ot 17 Book26203/Page1390 CFN#20080104490 Page 11 of 22 ------"'.-.--------... ~-... ~ . ~: . ',' until such time this Oevelopm~nt Agreement iB complied with. 24, ,Rep% •• entat1on8 of tbe Company. The Company rep~esents , to the City a$ follows: la) The execution, delivery and performance of tnis Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authori zed by the company e.nd do not require further approval by Company . (b) This Agree:ment hal3 been properly ex.ecuted, and constitutes COlI\pany's legal, valid anc;1 l;Jind.iu9 obligation,s, enforceable against Company in accorc;1ance with its terml3. (e) There are no actions, suits or proceedings pending or threatened against or affecting Company before any court or governmental aCJency that would in any materiCl;l way affect Company':J ability to perform this Agreement. {d) Comp~ny shall not act in any way whatsoever, directly or indirectly, to cause this Ag-reement to be ameooeo, modified, canceled, or terminated, except pursuant to .i ts Qxpresei terms r and shall take all Cl.ctions necessary to ensure that this Agreement shall remain in full force and effect Clt all times. (e) Company nas the financial capacity to payor advance to tne City all fees and payments as required under this Agreement. Pa<jjQ l2 of 17 Book26203/Page1391 CFN#20080104490 Page 12 of 22 .,. 25. Severability. In the event that any of the covenants, agreements, terms, or provisions contained in this agreement shall be invalid, illeglll, or unenforceable in any respect l the validity of the rema.ining covenants, agreements, terms, or provisions contained herein ~h811 be in no way affected, prejudiced, or disturbed thereby. 2S. Waivor.. No failure or delay by Company or the City to insist ~pon the ~trict performance of ~ny covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy oonsequent upon the breach thereof ( shall constitute a wei ver of any such breach or nny subsequent breach of 6uch covenant, agreement, term or condition. No covenant, agreement, term, or condition of this ~greement and no ~reach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affeot or alter this Agreement, but each and every cl;lvenant, agreement I term and condition of this Agreement 5hAll continue in full force and effect with respect to any other then existing or sUbsequent breach thereof. 27. AnnuAl ~.port and Revi... It shall be the responsibility of the Company to ~~bmit an annual report to the City Bufficient to fulfill the requirements as stated in the provisions of Section ~63. 3235, Florida Statutes, and ordinance No. 05-0~-2005. This agreement shall be reviewed anm.l8.Uy on the anniveJ:'3ary ot tne effective date of this agreement. The Company, or it6 a~3ign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section-by-section l1stinq ot what obligations have been met and the date l'aqEl 13 of 17 Book26203/Page1392 CFN#20080104490 Page 13 of 22 finalized, as 900d ta1th compliance with the terns of the a9~eement. The c1ty commission shall review th& annual report at a public meeting. H the City Commission finds, on the basis of substantial competent ,"vidence, that there has been a failure to cOlllply with the t:erms 0;( the Development l\gr'eement, the Agreement may be revoked or modified by the city. The obligation to submit en annual report shall conclude upon the date on which tha agreement is terminated. 2B. Notic.s. Any notices or report3 requ~red by this agreement shall be sent to the followinq: Fo~ the Ci ty: Copy to: Copy to; Book26203/Page1393 City Manager City of South Miami 6130 sunset Drive South Miami,. Florida 33143 Planning Pirector Planning and Community Development Oepartment Cit~ of South Miami 6130 Sunset Drive South Miami, Florida 33143 South Miami Corporation Attn: Donald F. Hunter, Vice Pres~dent And W6de R. Wachol~, counsel 5750 Sunset Drive South Miami, Florida 33143 Hade R. Wacholz r Esq. Gislason , Hunter, LLP. P.O. Box 5297 Hopkins, Minnesote 55243-2297 W. Tuoker Gibbs, Esq. 215 GrAnd Avenue Coconut Grove, Florida Page 14 of 11 CFN#20080104490 33133 Page 14 of 22 _'''_.0 ___ ,,_-_ .... __ -. ________ • __ .. , ..... __ ~. __ ~ __ ~ ___ • _ ....... r . . . 29. £xh1b~ta. ~ll eKhibit~ attached hereto contain additional terms ot this 3l]ree.ment and are inoorpo:r:!lted herein by ~eference. 30. ~ndment. This agreement may be ame~ded by mutual written consent of the city Sind Company so long as the amendment meets the requirements of the act, applicable city ordinances and Florida law. 31. Bntire ~:.enent. ThiB agreement represents the entire agreement and no prior or present agreements or representations shall be b.1ndinq upon eittler the city or Company, unless specifically incorporatad herein by reference, whether such pr-ior present agreQll\Qnts have been made orally or in writing. Each party affirmatively .np:r;esenta that no promises have been made to thAt party that are not contained in this Agreement, and the Ex~ib1tsl and stipulates that no evidence of any promiBes not contCliineci in thi$ Agreement, and the Exhibits l shall be e.dmi tted into evidence on ita behalf .. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or use! of trade and may only be amended or mOdified by a written instrument duly executed by offioers of both partie~. 32. Thud Party »anafic:hry. Th1s Agreement .is exclusively for the benefit of the parties hereto and their Affiliates and it may not . be enfol:ced by any party other than the parties to this Agreement and ~hall not give rise to liability to any third party other than the authorized 5uccesaors and assigns ot the parties hereto. 33. Pe~1od. o~ ~ime. Whenever any data~mination is to be made or ~ction is to be taken on a date specified in Pcge 15 of 17 Book26203/Page1394 CFN#20080104490 Page 15 of 22 ._-----.... _--_. __ .--.. _.-- 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 ~ Saturday, Sunday or legal holiday. 34. Counterpart,. This Agreement may be executed (including by fao!limil~) in one or more c::ountiirparts, 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 taxen together shall constitute one and the same agreement. 35. Recor~tion. Within 20 days after the Development hgreement has been signed by both the Company and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant t s expense in the registry of deeds in Miami-Dade County. 36. AbandoNMlnt of tti.9bt-ot'-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-ot-way adj acent to the property to the bUildable line for all future needs of the City. '1'0 ensure that the proposed ~tructure does not interfere with the City's future needs, any permanent structure e~tending out over the City's easement shall provide the City with clearanoe as provided in the Hometown Overlay District in the Land Development Code (lO-feet minimum) . Fage 16 of 17 Book26203/Page1395 CFN#20080104490 Page 16 of 22 11 •• " ___________ A _~_. C1ty of South Miami, Florida, this'. day o~ 200 • PASSED AIm DtJI,y .ADQP'I'ZD by th~isSion of tf-fhe . 11t1i ~ .f}..1f() STATE OF f'tQR1~ :r1.1.I(\(C>'~ ) ) COUNTY . OF UI1cMI BA9B COOl<, 1 The toregoin~ instrument was ~Cknowledqed before me thia a day of C£.c.t."'I§'i.& , 200'J. by 'w. ROC.KWliLL WIRTZ who is pe rs~nown to me or who p~oauced --:~~ __ ---"=---:-:-_____ as ldenti ficat;!.on, on behalf oL th~ corporation. My commis8ion expires: <!...... Lf..)---l-) cYNTltiA f. iCRCH OFF ICIAL SEAL N,ofQ)' Publlo. S'ol. of I~Ob Mv CQ'M\\IISon ~I ",2011 Book26203/Page1396 CFN#20080104490 Page 17 of22 .. ' ORDINANCE NO. OS-05 w 1827 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TlIE CITY OF SOUrH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORlDA STATE STATUE 163.3221. FOR A UNIFlED DEVELOPMENT PRomCI' KNOWN AS "PROJECT SUNSET" WIDCR WILL INCLUDE THREE BUILDINGS ur TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 Ml1LTI-FAMlLY RESIDENTJAL UNITS, RETAIL USES~ OFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR. PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESClUBED AS LOTS 6 THRU ~, 40 TURU 45, ,53 THR'O 661NCLl)'SIVE AND TBlt EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 3 AT PAGE 19~ OF THE PUBLIC RECORDS OF M1AMI~DADE COUNTY; PROVIDING FOR SEVERABILITY; PRQVIDING FOR ORDINANCES IN CONFLICl'; AND PROVIDlNG AN EFFECTIVE DATE WHEREAS. in 2005 the South Miami CorporatiOIJ is requesting approvdl -of a Development Agreement for a 4.5 acre proposed unified development to be cailed "Project Suoset" which will in clude a total of 108. dwelling units and 87,212 square feet of commercial space OD property located generally at 5750 SUllSCi Ddvc and logally described as Lots 6 tbru 9,40 t1lru 45, 53 thru 66 inc)wive and the cast 50 fecI of Lots 51 and 52 of W. A.. La.rkI.ns subdivision according to the plat thereof recorded in pla t book ~ al page 198 of the public records ofMiami-Dade ColUlly ; Bnd ~ , WHEREAS, tho City ColIl.lJlission at its March I, 2005 meeting adopted a r~olution allowing two ~'PCGiJl.l O>:yc:ptlons IUld adopted a 5pc::cialllSc resolution permittiDg the location of four re$taurants in the unified development; and WHEREAS, the Florida Local GovemmeDt Development Agreement Act, set forth in sections 163.3 220 ·163 ,3 243. Florida S\.!ItUtcs, provides for the execulion of development agreements to iJJsure that the lnw and regulations in effect at the time of the execution of the development agreement shall govern the developmont of the Jand for the duration of the agreement; and WHEREAS, Ihe South Miami Corporation hai proposed the execution of a development agreement with tlie City of South Miarpj pertaining to the mixed USe project entitled "Project Sunset" which agret."IJletll would set fbrth all of the contntions and commitments req\lired by the ('''i.ty rerul.ting from the approval of the ~peojal exception and 5pc:cial use ftXluests; and WHEREAS, the PlanninS Boa!'d at a meeting on February 22, 2005 after a public heariJ?g, adopted a motion by a vote of 4 aye 1 nay recomm~di.ng approvul of the proposed Development Agreement subject to specific TMSiollS and conditions, which have been included in the draft agreement; and WHEREAS, the Mayor 8Ild City Commiuion of the City of South Miami desire to 8ccept the recommcDdation ofthe Pla.nmng Board. NOW, THEREFORE, DE IT ORDAJNED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF soum MIAMI. FLORIDA: Section I That a Development Agreement, attached lIS Exhlbit "A" M...IID'.lended during the MWcb 15. 2005 pubUc hating, and dated Maroh __ J 5 c 2005 between the City of South Miami, Florida, and the South Miami Co:rporatio n -perta;in4lg to a 4.5 IIc(e propo sed Book26203/Page1397 CFN#20080104490 Page 18 of 22 . _., .. ~. "-, .......... _ ... _.-... _---_ ... _._" .. . ' D4 d. No. 05-05-1827 2 unified development to be called "Projeot Sunset" which will include a total of 108 dwelling units and 87,212 square feet ofcommorcial space on property located generally at 5750 Sunset Drive and legally d~scribed as Lots 6 thru 9, 40 thru 45. S3 thru 66 inclusive lind the cast 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to thl: plat thereof recorded in Plat Boole 3 at page 198 of the public records ofMiarni-Dade CoUIlty is approved. . SeedOD 2 If any section, cIsuse, setlt.ence, or phrase oitrus ordinance is for any reason held invalid or unconstitutional by a oourt of competent jurisdlction, this holding shall not affect the validity of the remaining portions of this ordinance .. . . Section 3 All ordirumces or parts of ordinances in confIjct with the pr(lvisions of this ordinance nre bereby repeaJed. . Section 4 'This ordmance shall ~e effective immediately after the adoption hereof. PASSED AND mOPlnO this ..;J..f;:f4 day of M ~ , 2005 ATI'EST: APPROVED: COMMISSION VOTE: 4 -, Mayor Russoll: Yea Vioc Mayor Palmer: Yea CommissionerWiscombe: Yea COmmissioner Birts-Cooper: Yea ColJlIllissioner Sherar Nay B:\Cocnn I~\200S\3·1 ~S\Devclopment Agz:umcmt Bank Orddoo Book26203/Page1398 CFN#20080104490 Page 19 of 22 ~ ... 4_"1 '''''-' __ . __ 1 '1''~'~' ____ ''''---.---------.--_ ..... ---_ ...... , .. ,."",--............. ,.-. ------.... -•• -...-• I ORDlNANCENO. 18-05-1840 AN ORDrnANCE OF THE trtA)'OR AND CITY COMMISSION OF THE CITY OF SOUTH M1A.Ml, FLORIDA AMENDlNG 'l'B:E DEVELOPMENT AGR.EE:MENT ADOPTED AS PART OF ORDINANCE NO. 05-05-18'27 WHICH APPROVED 'I'JlE DEVE;LOPMENT AGREEMENT FOR A UNlFIED DEVELOl'MENT 'PROJECT l<NOWN AS "PROJECf SUNSET" LOCATED GENERALLY AT 5750 SUNSET DBIV:E AND LEGALLY DESCRIBED AS LOTS 6 Trom 9, 40 THRU 45, 53 TRRU 66 INCLUSIVE AND THE EAST SO FEET OF LOTS 51 AND 52 OF W. A. LAlUONS SUBDMSION ACCORDING TO 'I'liE PLAT THEREOF RECORDED IN PLAT nOOK 3 AT PAGE 198 OF THE PUBUC RECORDS O~ MIAMI·DADE CQUNTY; THE PURPOSE OF 'l'lIE AMENDMENT IS 1'0 AUTHORIZE THE ADMmlSTRATION TO PROVIDE A SPECIFIC .AMOUNr OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO'TB':E CITY, AMENDING THE DATE FOR PA Y.MENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT; 'pROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS,. the City Commission a.t its March I, 2005 special meeting approved special exceptions to penni! "Project Sunsot", a unified m.ix.ed U)le development consisting of residential, office and rel:lri l uses generally located at 5750 Sunset Drivej and WHEREAS, the City Commission at its March 15,2005. meeting adopt~ Ordirumce No, 05- 05·1827 approving /l Developmrot .A.grcOIlll:Dt between the City end the developer, tbi} South Miami COlJX'ration for Project Sunset; lind . WIDJ:REAS, Section 4 of thll DevCllo?ment Agreement entitled "USIS of Property" sets forth a phasiog sched ule for the deve]opm~llt of the l'fOj f)ct; and WHEREAS, the Adminislnb'on hIlS now nogotlated an amended pbasing schedul~ which should reduce thCl impact of tho development program. on tmffic and parld.o.g in the area; and . WHEREAS, Section 5 (b) of the Development Agreeme.oi ~ntit1cd ''Public Facilities Serving the Projecf' provides 11 fonnula fur detonnhting the amount lUId timing of a parle and open space concurrency paym,ent to be made by tho dc'V'clopcr to the City; and WHEREAS, the Administration has now negotiated Ii specific amount and revilled timing of thl.! par:k.lIIld open spBCe concurrency payment to be made by the developer to the City; and WHEREAS, tho PJlIIIlling Board at a special meeting its May 10, Z005 m~ting after a public hearing, adopted amotion by a vote of 5 aye 0 Day rcooIOlUl&nding approval of the proposed amellciment to the Developmtmt Agreement. NOW, THEREFOBE, BE IT 01U>AlNED BY TB:E MAYOR AND THE CITY COMMISSION OF 'IRE CITY OF SOUTH MIAMI. FLORlDA: . SectioD 1 .ThAt Section 4 entitled "Uso of Propert~ of the Developmont Agreem~nt botwccn the> City and th.1) South Miamj CorporatiOll for PIOJoct Sunset adopted by Ordimwce No, 05-05-1827 at the MIlIch 15, 2005 City Commission meeting, is hmby amended to read: 4, "Usc of Property. The property described in Ex.b.ibit "Nt Is to be utilized for the project described in Elhibit "C": a mixed use resitkntial, office and retail project with a. midentiaJ USCI Book26203JPage1399 CFN#2008010449Q Page 20 of 22 ' ___ . __ W_· __ ·~~.r ..... __ ..... _,_ .. _~_ ....... _ ................. _ .. ___ ................... __ , .. _ .. _._. __ 6'rd. ·~o. 16-05-1840 1 2 2 3 not to exceed 108 dwelling units on approximately 4 .5 +1-Bcres. The project w ill include 4 "chamfered" comen where it abuts roadway 5ntay.>edions pursuant to Exlribit "CH. The occupied 5 space of the project will not exceed four stories or fifty six (56) feet ill h.eigbt unless otherwi~e 6 permitted by the South Miami colIlprohen!.live plan or Its land deveJOPlllc:nl regulations. The total of 7 occupied space of the project /lbalJ Dot exceed four stories . Non-occupied. space shall Dot exceed a 8 mmmum height of fifty six feet. The project shaD be built in -two phases I!$ follows: 9 • Phase r shall conglst of Blocks "An and ~ ~ described in Exhibit "C". 1 0 • Phase n llhall consist of Block ~ ~ described in Exhibit "en. 11 • The ComPany may eject to implement the development plan in one 12 pbase 13 • The Compa1lY may elect to utilize Bloc.k "en as a temporary bank 14 facility with drive-through lanes (not to exceed four lanes) which 15 facUlty &ball be removed UPOD the issuance of the Certificate of 16 Occupancy for tbe;Ban.k [aeWty on Block" An. 17 18 The overall development of the propltrtY shall be conducted in accordance with the 19 approved site plan on file at the City, (attached and incorporated as Exhlbit "e") 20 includil1g elevations, architectural features and estimated commerciaJ sqlUlre footage 21 pursuant to Section 20 ~ 3 .-7, of the LDC." . 22 23 Settion 2 .That Section 5(b) entitled "Pul,lic Facilities Hc:rvbJg the Project" of the Dcvclopmcnt 24 Agreemeot betweon the City and the South Miami C'pIporation for PI'oJect Sunset adopted by Ordinance 25 No. 05"()S~1827 ,at the Marcb 15. 2005 Clty CommissiOllll1oetiJ."lg, is hereby amended to read:. 26 27 5. "Public Facilities Serving the Project 28 29 * >\".. .. * * 30 b) Parks and Recreation 31 Based on the projected residential population on the Property. Company agrees te fJ~' fer 811 32 ~f8viee .8 &8.88 eft_Ii i:n~t6We te tOO '-1i'!r' for 8: ]Rl9ij1l J!~e--elE0fQaftw, die C8B'1PIB!:Y 33 I'M)' 'l'9J,·ilii~:aBijtme 1'8)'MR!t" hS1I1 aa £he &,j'llIM@,;tI< eal:ee ,t'iell (jfr8B~fe~eNY ift 34 4f\~J e'i'8I the 19fit ,'e!tl, '~Q8~'EI !'ft}'iBBBt 8~ ~" pt8.D~a is 811j!! cei!i!l ~d fer 9l"oo.8tftg 3 5 8ft 8!1¥~f9"'!lIB~lIar1t 8I!ul '&8f~M\ RiElilitill8 te.1oiI1l Gj~ 'File p~~ he fftlWle 36 iF. efl~ 1\iffi1' eWtl 8A 6r ~eteFe 8 GeftiiEWKe Ilf gae aBe Glletlp •• 8,. is gfllHt88 ie •. ~'"' 37 f88~Qlliftit Btl tits: PPIlf!lBWY,nto dODllte $232.000 in ooclump sum 11.$ its hlsponsiblJjty fQr 38 meeting parle and Tecreatipn concurrency. Payment shall be mndc on or before receipt of 39 the first bnild.ln2: permit and shall include any interest or carrying cost mCllrred by tile 40 City until receipt oftbe payment." . 4J 42 43 Section 3 IfaIlY scction, olause, sentcocc, orphrase of this ordJruwce is for any reason held invalid or 44 unconstitutional by a court of competent jurisdiction, this holding shall not aJ:Tcct tho validity of the 45 M1Dainingportions of this ordinance. 46 47 Secti!?D 4 All ordinanc~ or parts of ordimwces-it) CQlltlict with the provi.o;ions of this ordinance are 48 horeby rep~ed. 49 Book26203/Page1400 CFN#20080104490 Page 21 of 22 · ., 1 1'1 Ord. No. 18-05-1840 " 3 -t 1'1 SectiOIl 5 This ord!nance sha.Jl be etfectlvo iJ:nmediately afterthe adoption hereof. PASSED AND ADOPTED this lit......,;" day of ~. 2005 ATfEST: APPROVED: (ffr)a....:;, Gl (L .J -/J CITYCLBRK ~ ~ A It 1 JI Reading -6/7/ OS 2ad Rea.ding-6/14/05 ~READ ~ :::::_,......?,,,,---VE_ :P AS TO FORM: ~. -~ ===e;: .. A'ITORNEY COMMISSION VOT.E: Ma.YQT Rnsacll: Vice Mayor PalIl1e.r. Colll.lIUssioocr WiscolXlbe: CommissIoner Biru..coopor: CommillSioner Sherar New wording lInde.rlined,· wording to be removed indicated by strikethrough 4-0 Yea. absent Yea Yea Yea Book26203/Page1401 CFN#20080104490 Page 22 of 22 -----_ .. _ .. _--........ -----._----_._ .. '-'--"-"-'''-'''--'---''-_.-. __ .. - . ... 09-4036-022-0060 8,048,516 09-40 36-022-007 0 1.857,320 09-4036-022~O 912.340 09-4036-022-0300 912.340 0 912.340 09-4036-022-r020 1,824,680 09-4036-022-0330 912.340 09-4036--022-0390 .TI2,850 09-4036-022-«00 1,105,770 09-4036-022-0410 2,614,837 1,383,990 3,853,119 922,660 1,212,950 m X I TOTAL Zl,246,052 OJ --i oj To. /. 7,984.714 1.855.072 912,340 912,340 912,340 1,824.680 912.340 772,850 1,1OS,TIO 2.614,303 1,383,630 3,848,204 922.420 1,212,710 27,173 .. 713 SALES TAX ENTRY 2010 REAL PROPERlY TAX 6.960.350 (1,024.364) -14.72% 1,546,901 (308.171) -19.92% 704,990 (207,350) -29.41% 704,990 (207,350) -29.41% 704,990 (207,350) -29.41% 1.409,980 (414,100) -29.41% 704.990 (207,350) -29.41% 533,000 (239,850) -45.00% 762,600 (343,170) -45.00% 1,809,661 (8D4,B42) 44.46% 1,259,040 (124.590) -e.90% 3,510,635 (337,569) -9.62% 839,360 (83,060) -9.90% 839,360 (373,350) -44.48% 22,290,847 (4,882.866) -17.97% "Sale" to be reported on November Sales Tax report Sales Tax Rate Sales Tax Due 167,397.88 154,432.24 ..... (12,965.44) -7.75% 38,891.16 34.321.75 ". (4.569.41) ·-11]5% 19,127.00 15,641.91/ (3,485.09) -1822% 19,127.00 15,641.9V (3,485.09) -1822% 19,127.00 15,641.91 ..... (3,485.09) 38,253.99 31,283.8~ (6,970.17) 19,127.00 15,641.9V (3,485.09) 16,202.62 11,825.9()/ (4,376.72) -27.01% 23,18221 16,920.13" (6,262.08) -27.01% 54,808.26 40,151.7(Y-(14,656.56) -26.74% 29,007.48 27,934.86/ (1,072.62) 80,676.70 77,891 .94 ..... (2.784.76) 19,338.33 18,62324-(715.09) 25,424.18 . 18.623.24.... (6,800.94) 494,576.46 . Z. !q-o ~~ 7.00% 34,620.35 ~ . tJ:JWonaJ Bank of ~,,::~ 11/08/10 MIAMI-DADE TAX COLLECTOR TAX SECTION 140 WEST FLAGLER STREET, SUITE 1407 MIAMI, FL 33130-1575 MIAMI-DADE TAX COLLECTOR INVOICE NO DATE AMOUNT PAID -~~---------------~-----~---- YEAR 2010 11/01/10 494,576.46 YEAR 2010 11/01/10 27,353.43 CHECK AMOUNT - 5940 **521/9251.89 Vendor Number 5940 GL ACCOUNT DESCRIPTIO~ .. ----------....,~---------------, '/10000290'70 MIA-DADE TAX COLLECTOR-RE 1000029050 MIA-DADE TAX COLLECTOR-PR . . ~. 4.00004347"· ISSUED 8Yt MONEvruw.! PAYMENT SYSTEMS, INQ..io. ~ D47S. MINN~S. MN $$4aO' OFIII'l\llDi; TI(E8(IN1< 01' .NEVI' Y?AI< MruON. 6VEf1m, w. . . . . . . . . DATE·:.···· ..... . :....... 1'1/08/1,9' . PAY . ' ... Exact .ly*****~*521, 92~ and 8~l100 dollars . AMOUm: **521,929.89 THE; MIAM:t',..;PADE TAX COLLECTOR ORD!;R . TAX SECTION " OF . :140 -WEQT FLAGI£R. STREET I . SUITE: 1407. .' : '. . i . MIAMI, FL : 33130-1575 .. · .. · .. ·~Ii:! " "'Ht ,~., '. ' , . ".~~ ..• §1 Nk~ " .. )1'5 2 -19 ~ f?, ~/''I 'S", 8 /'"""~ ... .;..~ . •• ~ .. , ........ , ..... I ' _L~ \...i.J!1 .:'" \..,.: ~,\ " ":J !,;tl~! i'! ~,~!!Jl'A:~ . .' ~ .,., .~\ ..... ,\ ::;; 1...: l, .... . :. . . ... o:£>: FIRST ~~~I<?NAl. 8~NK OF SOUTH MIAMI " .... . .{~' , . 111111111111111111111111111111111111111111111 CFN 201.3R01.55608 or.: e.k 28507 P!lS 0870 -887i (18p9s) RECORDED 02/27/2013 10!47:26 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNT ' . (I DA AMENDED DEVELOPMENT AGREEMENT ~~~ BETWEEN ,/;jr'~ /' e'tfl, c:;~;\ ". ""~ll'l :)" THE CITY OF SOUTH MIAML FLORIDA 10 r;~!.",!j,.".~ ;;\ \:~.}~ G O:J ,.,.[ 'r\"~~ & '....:·'D..-t~ \~ AND SOUTH MIAMI CORPORATION \~} ~l'>. ,.:' -..,;11)., ('('lI d) "". THIS AMENDED DEVELOPMENT AGREEMENT ("Agreement") is made as of on ,-, . .:.J: . _/374 day of 1..e1--, 2013 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 (attached as Exhibit "B")which implemented the Florida Local Government Development Agreement Act("the Act") and permits the consideration and the adoption ofthis agreement; and WHEREAS, the Company owns approximately 4.5+1-acres, zoned lID-OV, described in Exhibit "A," (the "Property"); and WHEREAS, the Company desires to construct a mixed use development encompass",g retail, office and residential components (the "Project') described in site plan on tile with the City 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 MIAMI 3293183.3 76813/29325 1 EXHIBIT "B" 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 8S 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 trAil. 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 (10) 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 the site plan on file with the City: a mixed use residential, office and retail project with a residential use not to exceed 108 dwelling units on approximately 4.5 plus or minus acres. The project will include "chamfered" comers where it abuts roadway intersections pursuant to the site plan on file with the City. 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 "AI! and "B" described in Exhibit "C" . MIAMI 3293183.376813/29325 2 • 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, 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 pennit 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 detennined 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 MIAMI 3293183.3 76813/29325 3 · . 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 of the 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% +I-Iot coverage. (c) Special Use permit to permit up to four restaurants with a maximum total of 13,820+I-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 on file with the City. (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. MIAMI 3293183.3 76813/29325 4 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 StoryY' 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 penn it, 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 tenn 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 tenninated by mutual written consent of the city and Company, subject to the tenns and conditions herein. Either party may terminate this MIAMI 3293183.376813/29325 5 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. JS. 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 MIAMI 3293183.376813/29325 6 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 attorneys 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 pm-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 Witbhold 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 MIAMI 3293183.376813/29325 7 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, if not already submitted. 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. MIAMI 3293183.3 76813/29325 8 28 . Notices. Any notices or reports required by this Agreement shall be sent to the following: For the City: Copy to: For the Company: 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 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 & Axelrod LLP 1450 Brickell Ave ., Suite 2300 Miami, Florida 33131-3456 29. Exbibits. 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 MIAMI 3293183.3 76813/29325 9 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. Tbird 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 spc\;jfied 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 South Miami, Florida, this 4th day of December, 2012. MIAMI 3293183.376813/29325 10 I • AGREED TO this /3 day of\~ .2012. Witnesses: L I J..) IJ A. ;1). J?y:.·.(j.t!·j:y!u· L) Print Name r/f(VTHIA X. YAUFlK- Print Name 8T A TE OF ILLINOIS ) ) SS : COUNTYOFCOOK ____ __ ) \ 80UTij MIAMI CORPORATION \ . resident I / The foregoing instrument was acknowledged befo[9 me this I ~ T t~ day of DE 'l \2 'N\ ~ l:?" ~O 12, by 'w , ~J.> I't. 'LW ~\. \... \.) l ~\He/Sh& is personally known to me or produced as identification. My Commission Expires: OFFICIAL SEAL CYNTHIA E KRCH NOTARY PUBUC, STATE OF IWNOIS MY COMMISSION EXPIRES 0812312016 MIAMI 3293183.3 76813129325 Sign Name: 'Ly~,-, C \~~ Print Name: !!'{fJf\D; '{4 ~ . LC \C.<L 4-\ NOTARY PUBLIC Serial No. (none, if hlank): ______ _ [NOTARIAL SEAL] 11 t ' ~ ~.::W , . - LEGAL DBSClUP'l'ION Lots,6, 7/ S, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56, 5', 58, 59, 60, 61, 62, 63, 64, 65, 66, and the east SO feet of Lots 51 and S2 of W.A. Larkins Subdivision according to the plat thereof recorded in Plat Book 3 at ~age 198 of the Public Records of Miami-Dade County, Florida. • 't " ...... . -::."" .. \ .... " • ~ "#. -., I •• 0 -" . \ .. • ,o. ••• ' ,. EXHIBIT "A" - ".' ORDINANCE NO. 05-05-1827 AN ORDINANCE OF THE MAYOR AND CITY COM:MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENJ' PURSUANT TO FLORIDA STATE STATUE 163.32Zl . FOR A UNIFIY.D DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 MULTI-FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARI<1NG GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, .53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKl:NS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 19~ OFTRE PUBLIC RECORDS OF MlMfi-DADE COVNfY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICf; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 2005 the South Miami Corporation is requesting approval -of a Development Agreem ent for a 4 .5 acre proposed unified development to be called "Project Sunset" which will include a total of 108 dwelling units and 87,212 square fee t of commercial space 00 property located generally at 5750 SWlSet Drive and legally dC'.scribed as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive lltld the cast 50 feet of Lots 51 and 52 ofW. A. Larldns subdivision according to the plat therecf recorded in plat book 3 at page 198 of the public records of Miami-Dade Couoty i and <I/o WHEREAS. the City C<lmmissioD at its March I, 2005 meeting adopted a resolution allowing two special exceptions and adopted a special use resolution permitting the location of four restaurants in the unined development; and WlIEREAS, the Florida Local Gove.rnmen t"Development Agreement Act, set forth in sections 163 .3220·163 .3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effoct at the time of the execution of the development agreement shall govern the development of the land for the dW'll.tion of the agreemont; and WHEREAS, the South Miami Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset" which agrecment would set forth all of the conditions and commitments required by the City resulting from the approval of the spec.ial eltcoptioD and special use requests; and 'WHEREAS, the Planning Board at B mooting on February 22, 2005 after a public hearing, adopted a motion by a vote of 4 aye 1 cay recommeoding approval of the proposed Development Agreement subject to specific revisions and conditions , which have been included in the draft agreement; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the PlllIlIling Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MlAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "N' as amended ' during tbe March 15. 200:S public hearing, and dated March 15, :2 005 betweon the Ci~y of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed EXHIBIT "B" . ' Ord. No. 05-05-1827 2 unified development to be called "Project Sunset" which will melude a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally descn'bed as Lots 6 tbru 9, 40 thru 45,53 thru 66 inclusive and the east SO feet of Lots 51 and S2 ofW, A. Larkins subdivision accordlng to the plat thcreofrecorded in Plat Book 3 at page 198 of the public records of Miami· Db de County is approved, . Secdon 1 If any section. cla~e, sentence, or phrase of this ordinance is for any reason held invaHd or unconstitutional by a oourt of oompetentjurisdiction, this holding shall not affect the Validity of the remaining portions oftrus ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisioIlS of this ordinance are hereby repealed. . Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1$.=t4 day of Ivt~. 200S ATTEST: APPROVED: 1" Reading -3 /1 /05 2"" acting -3/15/05 COMMISSION VOTE: 4-1 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts-Cooper. Yea Commissioner Shera.r Nay tacbrnent: Exhibit"A" Development Agreement E:\Comm Item.~\2005\3 -1-05\Developmeru Agreement Bank Ord.doc .. , Ord. No. 18-05-1840 Section 5 This Qrd~ce shall be 'effeotive unmediately after the adoption hereof. \: 'I t,· PASSED ~ ADbPTE~ this ' 14--u. ATTE.ST: (ftJG...::-8r(L) . /J ClTYCLERK ~ 1" Reading -6/7 / 0 5 2111 Reading -6/' 4 / 0 5 ~;SVEDAS TO FORM: ~:Z:ru:~ .. ./ day of ~. 2005 APPROVED: COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner WiscoII1be: Commissioner Birts..cooper: Commissioner Sherar New wording underlined: wording to be removed Indicated by stri~through I\MOORUfPlPLANNINO\CtlCllIIltcmsIJ005\6·7.0S\Development Acre:rollllt Project SWlSeI Onl,doc 3 4-0 Yea absent Yea Yea Yea I- lJ.. « a::: o · .. , . , .. , .. ., .... , .. -- .. .. I.I:UoZo .. EXHIBIT "C" jh. '. Q II .~W ... ~ jl .. Municode Page 1 of 1 20-5.14 -Certificates of occupancy. (A) Certificate Required. No land shall be used or occupied and no structure shall be altered, erected, moved, used or changed until a certificate of occupancy has been issued by the building and zoning department stating that the structure or use complies with this Code and the Building Code . (B) Procedures. (1) A certificate of occupancy shall be issued only after construction has been completed and final inspections have been conducted and approved. (2) A certificate of occupancy shall be Issued within ten (10) working days after completion of construction of such structure, subject to: (a) Inspection by the building official to determine compliance with all applicable provisions of this Code; and (b) Compliance with the Building Code and all other applicable regulations . (3) In the event of a question concerning the legality of a use, the director may require affidavits and such other Infonnatlon as deemed necessary before Issuance of a certificate of occupancy. (4) A record of all certificates of occupancy shall be kept on file in the building and zoning department. EXHIBIT"D" http://library.municode.comiprint.aspx?h=&clientID= 12667 &HTMRequest=http%3a%2f... 12/20/2012 MUnicode OR BK 28507 PG 0887 l... .. AST PAGE Page 1 of 1 20-7.30 -Unity of Title required. (A) A Unity of Title, as set forth In Section 20-5.16, Is required for all platted lots In any development project within the HD if any of the following conditions exist: (1) If a development project Is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right -of-way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. (Ord. No. 23-99-1697. § 4, 11-16-99; Oro. No. 05-07-1906, § 1, 2-20-07; Oro. No. 25-10-2050, § 2. 9-7-10) http://library,municode.com/print.aspx?h=&clientID= 12667 &HTMRequest=http%3 a%2f... 12/20/2012 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Pade County . A ll rig ht s reserved 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220060 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: 5750 SUNSET DR To view 2012 Ta x Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross : 89191.88 89191.88 2012 Taxes are In paid status . Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6039/0000041 Amount Paid 85624.20 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8 :00 AM -4 :30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue G Property Tax Home I Rea l Eslale Tal( Info I 2012 Taxes I PrlorYears 12012 Non-Ad Valorem 2012 Back As sessmenls I 20.12 Enterprise Folio 120 12 HistOrica l Abatements 12013 Quarterly Payments 2012 TEll! No!loe/Memorandum Miami-Pade Home I Using Our Site I About I Phone Pirecto rv I Pri vacy I Risclaimer E-mail your comments, questions and suggestions to Webmaster EXHIBIT C http:// egvsys.miamidade.gov: 160S/wwwservi ggvt/txcaw02.dia ?folio=09403 60220060 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax NoticelMemorandum © 2002 Miami-Dade County All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220070 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: 5760 SUNSET DR To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 32357.40 32357.40 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 604510000185 Amount Paid 31063.10 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon -Fri 8:00 AM -4:30 PM Related Links : Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real EslateTa Inl0 I ?012 TaK es IPQQrYears 12012Non-AdValorem 2012 Back Assessments 12012 Enlerpri se Fo li o 12012 Hisiorlca Abatements 12013 Quarterly Payments I 2012 Tax Nollce/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directorv I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster http;llegvsys.miamidade.gov: 1608/wwwserv/ggvt/txcaw02.dia?folio=0940360220070 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 20 12 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Ta x Notice /Memorandum © 2002 Miami-Dade County. All rights reserved . 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220400 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: 5795 SW 73 ST To view 2012 Ta x Notice/Memorandum click here -------------- Gross Total Taxes : Ad Valorem Total Gross : 15975.71 15975.71 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied 11/20/2012 Register/Receipt 6045/0000192 Amount Paid 15336.68 Amounts due are subject to change without notice . Contact Information E-Mail : proptax@ miamidade .gov (305) 270-4916~ Downtown Office : 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8 :00 AM -4 :30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments. questions and suggestions to Webmaster http://egvsys.miamidade.gov: 1608/wwwserv/ggvt /txcaw02.dia?folio=0940360220400 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Dade County. All rights reserved, 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220410 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 37899.40 37899.40 2012 Taxes are in paid status . Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000193 Amount Paid 36383.42 Amounts due are subject to change without notice , Contact Information E-Mail: proptax@ miamidade,gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8:00 AM -4 :30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Reve nue 0 Property 18K Home I ~eal Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments I 2012 En terprise Folio 12012 Historical Abatements I 2013 quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster http://egvsys.miamidade.gov:1608/wwwserv/ggvt/txcaw02.dia?folio=0940360220410 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Ta x Notice/Memorandum © 2002 Miami-Dade County. All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220450 SOUTH MIAMI Owner's Name: SO MIAMI CORP Property Address: 7320 SW 57 CT To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross : 17578.73 17578.73 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000197 Amount Paid 16875 .58 Amounts due are subject to change without notice . Contact Information E-Mail: proptax@ miamidade .gov (305) 270-4916~ Downtown Office : 140 W Flagler St.. Room 101 Miami. FL 33130 Office Hours : Mon -Fri 8:00 AM -4 :30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue (i Property Tax Home I Rea l Estate Tax Info 12012 Taxes I Prior Years 12012 Non·Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Paymants 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggest ions to Webmaster http:// egv sys .miamidade. gOV: 1608/wwwserv 1 ggvtltxcaw02. dia ?fo lio=0940 360220450 5/112013 Miami-Dade County. Real Estate Tax Information P age 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Ta x Info 2012 Ta xes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Ta x Notice/Memorandum © 2002 Miami-Dade County . All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220420 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: 5795 SW 73 ST To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 26368 .07 26368 .07 2012 Taxes are in paid status . Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000194 Amount Paid 25313 .35 Amounts due are subject to change without notice . Contact Information E-Mail: proptax@ miamidade .gov (305) 270-4916~ Downtown Office : 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8 :00 AM -4:30 PM Related Links: Ta x Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Esl;;t le Tax Info 12012 Taxes I Pri or Years 12012 Non-Ad Valorem 2012 Sack Assess ment s I 2012 Enterp rise Folio 1201 2 Hi storical Abateme nts I 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directorv I Privacy I Disclaimer E-ma il your comments , questions and suggestions to Webma ster http://egvsys ,miamidade.gov: 1608 /wwwserv/ggvtltxcaw02 .dia ?folio=09403 60220420 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 201 3 Quarterly Payments 2012 Ta x Notice/Memorandum © 2002 Miami-Dade County, All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220320 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 29537.66 29537 .66 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000189 Amount Paid 28356.15 Amounts due are subject to change without notice . Contact Information E-Mail: proptax@ miamidade .gov (305) 270-4916~ Downtown Office : 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8:00 AM -4 :30 PM Related Links: Ta x Collector Property Appra iser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster http://egvsys.miamidade .gov: 1608 /wwwserv/ggvt/txcaw02.dia?folio=0940360220320 5/1 /2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Dade County. All rights reserved . 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220310 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 14768.84 14768.84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000188 Amount Paid 14178.09 Amounts due are subject to change without notice . Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours . Mon -Fri 8:00 AM -4:30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue ~ Property Tax Home I Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments I 2012 Enterprise Folio 12012 Historical Abatements I 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster http://egvsys.miamidade.gov: 1608/wwwserv/ggvt/txcaw02.dia?folio=094036022031 0 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Ta xes Prior Years Taxes Due 2012 Ad Va lorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Ta x Notice/Memorandum © 2002 Miami-Dade County . All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220300 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross : 14768 .84 14768 .84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000187 Amount Paid 14178 .09 Amounts due are subject to change without notice . Contact Information E-Mail : proptax@ miamidade.gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours Mon -Fri 8 :00 AM -4:30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tn Ifllo 12012 Taxes I Pnor Years 12012 Non-Ad Valorem 2012 Back Assessments 12012 En terprise Foli o 120 12 Hi sto rical Abatements 12013 Quarterly Payments 2012 Tax NoUce!Me morandum Miami-Dade Home I Using Our Site I About I Phone Directorv I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webma ster http://egvsys.miamidade.gov: 160S/wwwserv/ggvt/txcaw02.dia?folio=0940360220300 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum <02002 Miami-Dade County. All rights reserved. 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~:~r: 2012 Folio Number: 09 40360220330 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 14768.84 14768 .84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied 11/20/2012 Register/Receipt 6045/0000190 Amount Paid 14178.09 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916~ Downtown Office: 140 W Flagler St.. Room 101 Miami. FL 33130 Office Hours : Mon -Fri 8:00 AM -4:30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home 1 Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 12012 Historical Abatements 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directorv I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster http://egvsys.miamidade.gov: 1608/wwwserv/ggvt/txcaw02.dia?folio=0940360220330 5/1/2013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum ~ 2002 Miami-Dade County . All rights reserved . 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~::r: 2012 Folio Number: 09 40360220290 SOUTH MIAMI Owner's Name: SOUTH MIAMI CORP Property Address: To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross : 14768.84 14768.84 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000186 Amount Paid 14178 .09 Amounts due are subject to change without notice . Contact Information E-Mail : propta x@ miamidade .gov (305) 270-4916~ Downtown Office : 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Man -Fri 8:00 AM -4 :30 PM Related Links: Ta x Collector Property Appraiser Florida State Dept of Revenue (I Property Tax Home I Re al Estate Tax Info 1201 2 Ta xe s I Prior Years 120 12 Non·Ad Valorem 2012 Back Ass essments 12012 Enterpri se Folio 12012 Hi sto rical Abatements 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directorv I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webma ste r http://egvsys.miamidade.gov : 1608/wwwserv/ggvtltxcaw02.dia?folio=0940360220290 5/112013 Miami-Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item Detail Tax Information : Real Estate Ta x Info 2012 Taxes Prior Years Taxes Due 2012 Ad Va lorem 2012 Non-Ad Valo rem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Ta x Notice/Memorandum © 2002 Miami-Dade County. All rights reserved _ 2012 Taxes Today's Date: 05/01/2013 Last Update: 04/29/2013 ~::r: 2012 Folio Number: 09 40360220430 SOUTH MIAMI Owner's Name: SO MIAMI CORP Property Address: 5791 SW 74 ST To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross : 73443 ,09 73443 ,09 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied Register/Receipt 11/20/2012 6045/0000195 Amount Paid 70505 ,37 Amounts due are subject to change without notice , Contact Information E-Mail : proptax@ miamidade,gov (305) 270-4916~ Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours : Mon -Fri 8 :00 AM -4 :30 PM Related Links : Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Back Assessments 12012 Enterprise Foli o 12012 Historical Abatements 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webm aster http://egvsys.miamidade .gov: 160S/wwwserv/ggvt/txcaw02 .dia?folio =0940360220430 5/1/2013