Res. No. 041-08-12638LKESOLUTIONNO. 41-08-12638
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA ADOPTING AN AGREEMENT BETWEEN THE CITY OF
SOUTH MIAMI AND 64 DEVELOPMENT CORPORATION SETTING FORTH
COVENANTS, TERMS AND CONDITIONS APPLICABLE TO A PROPOSED FOUR
STORY MIXED USE BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED
AT 5966-70 S.DIXIE HIGHWAY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 2006 the 64 Development Corporation received approval to construct a
building on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a
mixed use (office / retail) four story building with an integrated parking structure containing 38,233
square feet of commercial office and 11,052 square feet of retail space; and
WHEREAS, the City Commission at its June 5, 2007 meeting adopted Resolution No. 97 -07-
12482 approving a site plan, three special exceptions and a condition that an agreement be implemented
setting forth all of the responsibilities and commitments by both the City and the developer pertaining to
the project; and
WHEREAS, a working agreement between the City and 64 Development Corporation has been
prepared; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I That an Agreement, attached as Exhibit "A" and dated March 18, 2008 between the City of
South Miami, Florida, and the 64 Development Corporation pertaining to the construction of a building
on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a mixed
use (office / retail) four story building with an integrated parking structure containing 38,233 square feet
of commercial office and 11,052 square feet of retail space is hereby approved.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 18, day of March 2008
ATTEST: APPROVED:
CLERK MXYOR
CommissiocLte: 5-0
READ AND APPROVED AS TO FO_ RM: Mayor Feliu: Yea
Vice Mayor Beasley Yea
Commissioner Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
CITY ATTORNEY
Attachment Exhibit"A" Agreement
X:\Comm Items\2008\3-18-08\Development Agreement 64 Devel Corp.Resol doc
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To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, Interim City Manager -�
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From: Sanford A. Youkilis, Acting Planning Directory
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ate: March 18, 2008 ITEM No.
BACKGROUND
The applicant, 64 Development Corporation received approval from the City Commission in
2007 to construct a mixed use building on property in the SR (HD -OV) zoning district at 5966 -70
S. Dixie Highway. The project proposed will be a mixed use (office / retail) four story building
with an integrated parking structure. There will be 38,233 square feet of commercial office and
11,052 square feet of retail space. The parking areas will contain more than the minimum
required 191 parking spaces.
The applicant's approval was by Resolution No. 97 -07 -12482 adopted by the City Commission
on June 5, 2007. The resolution (see attached) approved a specific site plan and three special
exceptions to modify regulations pertaining.to lot coverage, building size, and location of curb
cuts. The resolution also set forth several conditions related to design, landscaping, location of
curb cuts, and traffic improvements. One condition called for the developer to work with the City
to prepare an agreement covering all development aspects of the project. This agreement must be
adopted prior the commencement of construction on the site.
The agreement was prepared by the applicant in conjunction with City, however, to date it has
not been adopted by the City. The attached agreement sets forth all of the responsibilities and
commitments by both the City and the developer pertaining to the project. The basic highlights of
the agreement are as follows:
• Duration of agreement- 10 years (Section 3);
• Use of property- as shown on adopted site plan ( Section 4);
• Public Facilities —a follow -up agreement outlining all infrastructure improvements must
be entered into (Section 5);
• Development Conditions- specific development responsibilities of the developer are
spelled out in detail (Section 8);
(2)
• Work Force- Developer agrees to snake best efforts to employ local residents (Section l 6)
• Annual report required (Section 27)
RECOMMENDATION
It is recommended that the proposed agreement be approved by adopting the attached resolution.
Documentation:
Draft resolution
Proposed Agreement
Site Plan Dated 6 -19 -07
Resolution No. 97- 07- 12482
City Managers Cover Report on Project 6 -5 -07
Ch)� Commission Rltinutes Excerpt 6 -5 -07
Public Notices
SAY
X: \Comm Items\2008 \3 -1 8- 08\Development Agreement 64 Corp. CM Report doe.doc
I -
WHEREAS, in 2006 the 64 Development Corporation received approval to construct a
building on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a
mixed use (office / retail) four story building with an integrated parking structure containing 38,233
square feet of commercial office and 11,052 square feet of retail space; and
WHEREAS, the City Commission at its June 5, 2007 meeting adopted Resolution No. 97 -07-
12482 approving a site plan, three special exceptions and a condition that an agreement be implemented
setting forth all of the responsibilities and commitments by both the City and the developer pertaining to
the project; and
WHEREAS, a working agreement between the City and 64 Development Corporation has been
4:1
prepared ; and
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WOO 10 1 W1 L93001
Section I That an Agreement, attached as Exhibit "A" and dated March 18, 2008 between the City of
South Miami, Florida, and the 64 Development Corporation pertaining to the construction of a building
on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a mixed
use (office / retail) four story building with an integrated parking structure containing 38,233 square feet
of commercial office and 11,052 square feet of retail space is hereby approved.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 18, day of March 2008
ATTEST:
CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Attachment: Exhibit"A" Agreement
APPROVED:
MXYOR
CommissioLkote:
Mayor Feliu:
Vice Mayor Beasley
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X:\Comm Items\2008\3-18-08\Development Agreement 64 Devel Corp.Resol doe
5-0
Yea
Yea
Yea
Yea
Yea
i HUSH flific
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RUVIH�
:1 E K n c r n
I -
WHEREAS, in 2006 the 64 Development Corporation received approval to construct a
building on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a
mixed use (office / retail) four story building with an integrated parking structure containing 38,233
square feet of commercial office and 11,052 square feet of retail space; and
WHEREAS, the City Commission at its June 5, 2007 meeting adopted Resolution No. 97 -07-
12482 approving a site plan, three special exceptions and a condition that an agreement be implemented
setting forth all of the responsibilities and commitments by both the City and the developer pertaining to
the project; and
WHEREAS, a working agreement between the City and 64 Development Corporation has been
4:1
prepared ; and
-1 111511111111 1111611111,11
WOO 10 1 W1 L93001
Section I That an Agreement, attached as Exhibit "A" and dated March 18, 2008 between the City of
South Miami, Florida, and the 64 Development Corporation pertaining to the construction of a building
on property in the SR (HD-OV) zoning district at 5966-70 S. Dixie Highway; said project to be a mixed
use (office / retail) four story building with an integrated parking structure containing 38,233 square feet
of commercial office and 11,052 square feet of retail space is hereby approved.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 18, day of March 2008
ATTEST:
CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Attachment: Exhibit"A" Agreement
APPROVED:
MXYOR
CommissioLkote:
Mayor Feliu:
Vice Mayor Beasley
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X:\Comm Items\2008\3-18-08\Development Agreement 64 Devel Corp.Resol doe
5-0
Yea
Yea
Yea
Yea
Yea
EXHIBIT "A"'
AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA
AND 64 DEVELOPMENT CORPORATION
THIS AGREEMENT ("Agreement") is made as of March /A
2008 by and between THE CITY OF SOUTH MIAMI, FLORIDA a
municipal corporation ("City") and 64 DEVELOPMENT
CORPORATION ("Company") or its assignee.
RECITALS
WHEREAS, the city commission of the City of South
Miami desires to insure that the development of property
within the City of South Miami conforms with the city's
comprehensive plan and land development regulations and
that said development is in the best interests of the
citizens of South Miami and therefore permits the
consideration and the adoption of this agreement; and
WHEREAS, the Company owns approximately a parcel of
property approximately 31,523 square feet in size, zoned
SR(HD-OV), located at 5966-70 S. Dixie Highway described in
Exhibit "A," (the "Property"); and
WHEREAS,, the Company desires to construct a mixed use
development encompassing a four story building for retail
and office use as described in Exhibit "B," (the
"Project ") in the Hometown District Overlay Zone within the
City of South Miami; and
WHEREAS, the Company submitted Application No. PB-06-
033 requesting approval for three special exceptions for lot
coverage, maximum building square footage, and curb cuts
necessary to construct the Project; and
Page 1 of 16
WHEREAS, the City Commission has determined that in
order to mitigate possible impacts of the proposed project
on the surrounding neighborhood that the Company shall
comply with the conditions set forth in this Agreement; and
WHEREAS, the Company and the City of South Miami
Public Works Department will enter into an agreement to
address in detail the Department related issues.
NOW, THEREFORE, in consideration of the above recitals
and the following covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the City and Company covenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A". This property shall be 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 "C".
3. Effective Date; Duration of Agreement. This
agreement shall become effective upon execution and shall
be recorded in accordance with paragraph 35 of this
Agreement. The maximum period for this Agreement permitted
under Florida Statute 163.3229 shall be ten (10) years from
the effective date unless extended by mutual consent of all
Page 2 of 16
legal and equitable owners of the Property and the city
upon approval at a public hearing.
4. Use of Property. The property described in Exhibit'
"A" is to be utilized for the project described in Exhibit
"B": a mixed use office and retail project. The proposed
building shall not exceed four stories or a maximum height
of fifty six feet.
The overall development of the property shall be
conducted in accordance with the approved site plan on file
at the City.
5. Public Facilities Serving the Project. In order to
enhance public facilities in the City of South Miami, and
to address the impacts of the proposed development on the
adjoining neighborhood, the Company agrees to enter into a
subsequent agreement with the City to provide improvements
in compliance with Section 20-4.1 of the LDC, including
roadway, sanitary sewer and solid waste, prior to the
issuance of a certificate of occupancy. However, the City
may issue a temporary certificate of occupancy to the
Company if the Company has begun the work at issue and
posts a bond to insure the completion of the work.
6. Concurrency. The City of South Miami has determined
that the Company's performance under the Agreement
satisfies the concurrency requirements, as delineated in
Section 20-4.1, City Code. By execution of this Agreement,
the City acknowledges that the application for site plan
approval meets all concurrency regulations enumerated in
Section 20-4.1 of the City Code, and that the site plan
application and this Agreement are consistent with the
City's Comprehensive Plan and Land Development Regulations.
Page 3 of 16
7. Permits. The permits preliminarily identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit 26,833 square
feet floor area at the ground floor.
(b) Special Exception to provide 850 lot
coverage.
(c) Special Exception to provide an additional
curb cut along the property's frontage on S.W.
5 9th Court.
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) The Project shall be consistent with the site
plan submitted with the special exceptions
incorporated herein.
(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
Page 4 of 16
any building permits and shall be enforced during
construction activity.
f) All conditions imposed by the City Commission
as part of its approvals of the special
exceptions referenced herein shall be
incorporated in this Agreement.
g) The Company shall fund and implement traffic
calming, improvements along streets abutting the
property. These improvements shall be set forth
in detail in the agreement with the City
referenced in paragraph 5 herein.
h) The Company shall cooperate with the City and
implement the conditions for the development of
the Project as set forth in the conditions of the
special exception approvals as well as this
agreement.
i) The Company shall present for Department of
Planning approval a landscape plan for the
Project. No building permit shall be issued to
the Company for the development of the Property
prior to the City approval of the landscape plan.
All proposed landscaping within the right-of-way
abutting the property shall be submitted to the
Public Works Department for review. The Company
and its successors agree to maintain the
landscaping and accompanying irrigation.
j) The Company shall use brick or concrete pavers
along the Property's frontage along U.S.-l.
k) The building's parking shall be available to
the general public for public parking during the
evenings and weekends subject to the Company's
Page 5 of 16
right to designate the hours of operation and
parking rates.
1) The Company shall develop an incentive program
to promote the use of Metro-Rail by all employees
during peak hours.
m) The Company in cooperation with the South
Miami departments of Public Works and Planning
shall erect directional signs and traffic
directional structures in the exits of the
parking garage and within the public right of way
to guide exiting traffic away from abutting
neighborhood roads to U.S. 1, during peak hours.
n) The Company in cooperation with the South
Miami departments of Public Works and Planning
shall install traffic calming devices within the
abutting public right of way to assist in the
movement of traffic away from the adjacent
residential neighborhood and to U.S.1 during peak
hours.
o) The Company shall coordinate with the South
Florida Commuter Services to promote carpooling.
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 retail and office
development, as set forth herein, is consistent with the
"Mixed-Use Commercial /Residential (Four Story)" designation
on the future land use map, and the HD-OV zoning district
Page 6 of 16
on the Official Zoning Atlas of the City of South Miami.
Goal 2 of the Future Land Use Element identifies the
defines 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 Agreement, and all
applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Agreement as
well as other requirements imposed by the City Commission
upon the ratification of the site plan approval on the
Property, the Property shall not be the subject of a down
zoning application by the City and shall not be subject to
any development moratorium, referenda action, ordinances,
policies, or procedures enacted by the City that limits the
development contemplated by this Agreement and depicted in
the site plan. Any failure by this Agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company of the necessity of complying with the
law governing said permitting requirements, conditions,
terms or restrictions.
11. Permits, Conditions, Terms and Restrictions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with the law governing said permitting
requirements, conditions, terms, or restrictions.
Page 7 of 16
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 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 as provided by law.
14. Termination. Prior to commencement of construction
of the Project, this agreement may be terminated by mutual
written consent of the city and Company, subject to the
terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this Agreement. A
"material breach" of this Agreement shall include, but not
be limited to, a failure of either party to perform any
material duty or obligation on its part for any thirty (30)
consecutive day period. Neither party may terminate this
Agreement on grounds of material breach of this Agreement
unless it has provided written notice to the other party of
its intention to declare a breach and to terminate this
Agreement (the "Notice to Terminate") and the breaching
party thereafter fails to cure or take steps to
substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with the
exception of monetary breaches which shall be cured within
thirty (30) after receipt of notice.
Page 8 of 16
15. Assignment. This Agreement may not be assigned by
the Company except to an affiliated entity, without the
prior written consent of the City. Subject to the preceding
sentence this Agreement shall be binding upon the
successors, assigns, and representatives of the parties
hereto. An affiliated entity is an entity of which 64
DEVELOPMENT CORPORATION or a majority of its shareholders,
directly or indirectly owns at least 510 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 Effect. 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.
Page 9 of 16
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 laws of Florida without
regard to principles of conflicts of law. Venue for any
litigation pertaining to the subject matter hereof shall be
exclusively in Miami-Dade County Florida.
21. Enforcement. In any litigation arising out of this
agreement, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney's fees
payable under this paragraph shall not exceed 250 of the
amount of damages awarded to the prevailing party and no
party shall be entitled to pre-judgment interest. In any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. Inspection. Nothing in this Agreement shall be
construed to waive or limit the City's governmental
authority as a municipal corporation and political
subdivision of the State of Florida. The Company therefore
understands and agrees that any official inspector of the
City of South Miami, or its agents duly authorized, have
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
with applicable laws including but not limited to building
and zoning regulations and the conditions herein.
Page 10 of 16
23. Authorization to Withhold Permits and Inspections.
In the event the Company is obligated to make payments or
improvements under the terms of this Agreement and such
payments are not made as required, or such improvements are
not made as required, in addition to any other remedies
available, the City of South Miami is hereby authorized to
withhold any further permits on the portion of the Property
failing 'to comply with this Agreement, and refuse any
inspections or grant any approvals, with regard to that
portion of the Property until such time this 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 the 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 the
Company before any court or governmental agency
that would in any material way affect Company's
ability to perform this Agreement.
(d) The Company shall not act in any way
whatsoever, directly or indirectly, to cause this
Page 11 of 16
Agreement to be amended, modified, canceled, or
terminated, except pursuant to its express terms,
and shall take all actions necessary to ensure
that this Agreement shall remain in full force
and effect at all times.
(e) The Company has the financial capacity to
pay or 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 the 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
Page 12 of 16
the City. 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. This report
shall contain a section-by-section listing of what
obligations have been met and the date finalized, as good
faith compliance with the terms of the agreement. The city
commission shall review the annual report at a public
meeting. If the City Commission finds, on the basis of
substantial competent evidence, that there has been a
failure to comply with the terms of the Agreement, the
Agreement may be revoked or modified by the City. The
obligation to submit an annual report shall conclude upon
the date on which the agreement is terminated.
28. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City: City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Copy to: Planning Director
Planning and Community
Development Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
For the Company: 64 DEVELOPMENT CORPORATION
Attn: Marcelo Fernandes
4311 Ponce De Leon Boulevard
Coral Gables, Florida 33146
Copy to: W. Tucker Gibbs, Esq.
215 Grand Avenue
Coconut Grove, Florida 33133
Page 13 of 16
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding , upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each party affirmatively
represents that no promises have been made to that party
that are not contained in this Agreement, and the Exhibits,
and stipulates that no evidence of any promises not
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on its behalf. This Agreement shall
not be supplemented, amended or modified by any course of
dealing, course of performance or uses of trade and may
only be amended or modified by a written instrument duly
executed by officers of both parties.
32. Third Party Beneficiary. This Agreement is
exclusively for the benefit of the parties hereto and their
Affiliates, and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise
to liability to any third party other than the authorized
successors and assigns of the parties hereto.
Page 14 of 16
33. Periods of Time. Whenever any determination is to
be made or action is to be taken on a date specified in
this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall
be extended to the next day which is not a Saturday, Sunday
or legal holiday.
34. Counterparts., This Agreement may be executed
(including by facsimile) in one or more counterparts, and
by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an
original but all of which taken together shall constitute
one and the same agreement.
35. Recordation. Within 20 days after the Agreement
has been signed by both the Company and the City, the
Applicant shall cause a copy of the Agreement to be
recorded at the Applicant's expense in the registry of
deeds in Miami-Dade County.
PASSED AND DULY ADOPTED by the c'ty commission of the
City of South Miami, Florida, this day of March, 2008.
SIGNATURES ON FOLLOWING PAGE
Page 15 of 16
ATTEST:
el T Y CLERK
READ AND APPROVED AS TO FORM:
,CItY ATTORNEY
h
AGREED TO this IgAday of March, 2008.
Witnesses:
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COUNTY OF MIAMI-DADE BY
The foregoin instrument was ackKowledged before me this
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PUBLIC
STATE OP rLORIDA
My cof6tission expires: = Le
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FEB. 26 201
B ONDJNG Co., INC.
Page 16 of 16
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WHEREAS, the 64 Development Corporation has submitted Application No. PB-06-033 requesting
approval for three special exceptions necessary to construct a mixed use (office / retail) four story building
on property located at 5966-70 S. Dixie Highway within the SR (HD-OV) zoning district, said project to
include 38,233 square feet of commercial office and 11,052 square feet of retail space and a total of 198
parking spaces; and
WHEREAS, the applicant is requesting special exceptions for lot coverage, maximum building
square footage, and curb cuts; and
WHEREAS, a special exception request in the Hometown Overlay District requires the Planning
Board's recommendation and approval by the City Commission; and
WHEREAS, after review and consideration, the Planning Department recommended approval
of the application with conditions; and
WHEREAS, at its November 29, 2006 meeting the Planning Board after public hearing voted
4 ayes 2 nays to recommend approval of the special exceptions with specific conditions; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the proposed construction of a mixed use (office / retail) four story building on property
located at 5966-70 South Dixie Highway advances the economic development of the City and is
compatible with land use, density, and design criteria established for the Hometown District, as set forth
in Sec.20-7.5 1, Land Development Code which includes seven criteria necessary for approving special
exceptions:
(1) The proposed development contributes to, promotes and encourages the improvement of the
Hometown District and catalyzes other development as envisioned in the Hometown
District regulations.
Ras. No. 97 -07 -12482
(2) The proposed development is compatible with the land uses and development intensities
prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the design
criteria established for the Hometown District and with the overall image of the city.
(4) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development public
facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown
District.
(6) The proposed development will not have an unfavorable effect on the economy of the City
of South Miami.
(7) The proposed development, when considered cumulatively with other development, both
present and future, within the Hometown District, will not create excessive overcrowding or
concentration of people or population.
Section 2. That the subject application requesting a special exception to allow an overall lot coverage of
85% of the total site which exceeds the lot coverage of 60% on South Dixie Highway and thee 50% on SW
74 Street as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.9 Land
Development Code) is hereby approved subject to conditions set forth in Section S below.
Section 3. That the subject application requesting a special exception to allow the placement of a curb
cut/ driveway to be located on the SW 59th Court side of the building which location is not designated on the
Hometown Overlay District Regulating Graphic Plan (Sec.20 -7.11 Land Development Code) is hereby
approved subject to conditions set forth in Section 5 below.
Section 4. That the subject application requesting a special exception to allow the building area to exceed
the Hometown Overlay District regulating graphic plan (Sec.20 -7.9 and 20 -7.11 Land Development Code)
which limits ground floor building square footage to 20,000 sq. ft. is hereby approved subject to conditions
set forth in Section 5 below...
Section 5. The special exceptions set forth above as requested are approved subject to the following
conditions:
(1) The applicant must agree that all street, sidewalk and street furniture improvements must be
consistent with the design and material specifications set forth in the City's Downtown Street
Improvement Program.
(2) In compliance with Sec. 20 -7.51 (C) Land Development Code, the proposed development must
be consistent with the specific building design and site plan submitted as part of this application,
identified as "5966 S. Dixie Highway," dated May 4, 2007, prepared by Mateu Architecture
Inc., adjusted to remove either the 9 1 g9 Gooft ar the "SW 74 Street curb cut.
(3) The applicant will provide additional landscaping on the portion of the project located on South
Dixie Highway, if permitted by the Florida Department of Transportation.
(4) The approval of the special exceptions is conditioned upon receiving from the Florida
Department of Transportation - District 6 approval of a variance to permit a curb cut on South
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Res. No. 97-07-12482
Dixie Highway.
(5) The applicant shall continue to work with the City to finalize the Development Agreerqent for
the project. In addition, the applicant will work with the City's Public Works Department to
coordinate the development of all infrastructure improvements necessary to support the project.
(6) The applicant's site plan shall reflect a mandatory left turn for all traffic exiting from the
parking garage on SW 59 Court.
Section 6. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 0 , day of 9Uval 1 2007.
ATTEST:
CITY CLERK
is :r a 1113
CITY A
APPROVED:
MA OR
Commission te:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman: Yea
PAComm Items\2007\6-5-07\PB-06-032 Special Exception Resolution.doc
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South Miami
I
All-America Ny
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CITY OF SOUTH MIAMI 1111.
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
Date: June 5, 2007 ITEM No.
Background: I
The applicant, 64 Development Corporation, is requesting approval to construct a mixed use building on property
in the SR (HD-OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets.
The project proposed will be a mixed use (office / retail) four story building with an integrated parking structure.
There will be 38,2333 square feet of commercial office and 11,052 square feet of retail space. The parking areas will
contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to
modify regulations pertaining to lot coverage, building size, and location of curb cuts.
Special exceptions requested:
Lot Coverage The applicant is requesting awaiver to allow a lot -coverage of 26,833- square feet which is 85% of
the total site. The Hometown Overlay District's regulating graphic plan (Sec.20-79(B) Land Development Code)'
limits lot coverage to 60% on S. Dixie Highway and 50% on SW 74"' Street.
Maxinmni.&Ft. Per Building: The applicant's proposed structure contains 50,163 square feet of floor area and a
ground floor of 26,833 square feet which exceeds Hometown Plan's 20,000 square feet maximum.
Location otcurb cut. The applicant's proposal shows dual access to the parking area from SW 70 Street and from
SW 59th Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan
(Sec.20-7.11 Land Development Code) mandate the location of curb cuts. The plan shows a permitted curb cut on
SW 74th Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The
applicant's third special exception is to permit the SW 59th Court curb cut.
The granting of special exceptions requires a finding by the City that seven (7) criteria are applicable to the project.
ZD
(Sec.20-7.5 I Land Development Code). The Planning Department has compared the project to each of the seven (7)
criteria listed in the Land Development Code, and has determined that the proposed development advances the
economic development of the City and is compatible with the existing land om4 density,� and design criteria
established for the Hometown District. Quamd upon this review, the Planning I)epoztnzcmt determined that the
proposed development supports the granting of special exceptions.
Traffic Report:
The applicant contracted with aconsultant to prepare o traffic impact analysis for consideration prior to approval of
the special exception. Attached iaucopy of the study S. Dixie Trafjlc Impact Study'l carried out
by [)avid P|ununuor & Associates. The report concludes on p.16 that all roadways adjacent to the project were
found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is
autfioioot capacity for future volumes. The study also confi000that the driveway entrance k/ the parking levels off
of SW 59'" Court will help minimize tratfiofrom using neighborhood streets.
Planning Board Action: '
The Planning Board a1 its November 2g. 2000 meeting, after public hearing, adopted umodoo by uvotc of 4 ayes
2 nays (Ms. Beckman and Ms. Young) recommending approval with conditions ofthe special exception request.
^--~`—'---------~ .
The applicant has advised the City thata formal variance application (attached) has been submitted to the Florida
Department of Transportation (FI]{}T) requesting approval to u\lovv u curb uo1 for 1be 'ect on South Dixie Highway. This approval will allow for un entrance tn the parking garage on South Dixie Iliob . and will allow
the c3iodoabou of either 8W 59 Court octhe 8W 74t" Street curb cud. The FD(}IvviO conduct u hearing onthe
developer's application on June 7,2O07. ,
It is recommended that the City Commission approve the three (3) requested special exceptions for 5g66-7OS.
Dixie Highway subject to the following conditions: .
(1) The applicant must agree that all street, sidewalk and street furniture improvements must he umooistcot
with'the design and material specifications set forth in the City's Downtown Street Improvement
Program.
(2) In compliance with See. 2�7.5l � L� �(�o�o��� must be
�aig�v��o* building design and site plan submitted as part of this application, identified
as ^"5960 S. Dixie Highway," dated May 4, 2007, prepared by Ma1eu Architecture Inc., adjusted to
remove either the 8W 59 Court or the 80V 74 Street curb cut. The neighboring 000uruuohv has
expressed u strong preference for the access point tob8008W59 nx Court.
(3) The applicant will provide additional landscaping on the portion of the project locotodoo South Dixie
Highway, if permitted bvthe F[)0T.
(4) The approval of the special exceptions is conditioned upon receiving from the FL)OI-District h
approval ofa variance to permit acurb cut on South Dixie Highway. In the event, the FD()Tvazianco
request is denied the special exception approvals are void.
(5) The applicant shall continue tn work with the City to finalize the Development Agreement for the
project. In addition, the applicant will work with the City's Public Works Department to coordinate the
development ofall infrastructure inq/roveoncmtm necessary to support the project.
(6) The applicant's site plan nbu|/ reflect a mandatory left turn for all 1oatOc exiting from the parking
garage nn9Vy5gCourt.
Backup Documentation:
Draft Resolution
FD0T Application including Revised Site Plan (5M/07)
Planning Department Staff Report 11/29/06
Planning Board Meeting Excerpt ll/20/86
Survey/ Plans
Traffic Impact Study
Public Notices
JP/SAYP:\Comm|tems\2OO7\G-5-O7\PB-OG'O32 Spec Excep5Q6GS Dixie C[NReport.doo
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Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Moved by Commissioner Birts, seconded by Vice Mayor
Wiscombe, the motion to defer this item failed by a 2 -3 vote:
Commissioner Palmer: Nay
Yea Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Nay
With some further comments, the motion to approve this item
passed by a 3 -2 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Nay
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Nay
Mayor Feliu: Yea
97 -07 -12482
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT
CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.108, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO
EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
HOMETOWN DISTRICT REGULATING PLAN; ALL FOR ,PROPERTY
GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 12119106; 01109107; 01118107; 02106107; 02120107; 3106107)
(City Manager)
REGULAR CITY COMMISSION 17
MINUTES - June 5, 2007
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Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
Mr. Perez presented the item, providing an overview of the
process since it has been going before the Commission and
subsequently deferred for the past six months. One of the most
important issues to be resolved was to obtain approval from FDOT
to permit a curb cut on South Dixie Highway.
The Commission discussed condition no. 6 under Section 5 of
the resolution. There was concern about the mandatory left turn
for all traffic exiting from the parking garage on SW 59 Court.
Commissioner Beckman said that it would be difficult to predict
how the traffic will react when the time comes.
At this time speakers were sworn in and the public hearing
was' opened.
Marcelo Fernandez from the 64 Development Corp. addressed
t'he Commission. He said that he understands the concerns of the
Commission but that he has tried to put the best plan together,
working with the City and with FDOT. He said that FDOT only talk
about statistics, traffic flaw and curb cuts because they are
engineers. He said that they recommended using two points of
entrance; the engineer recommended 74th instead of 59th. He went
back and requested 59th because the City and neighbors requested
that. He said that he has gone against the traffic study and
against the recommendations of the engineers in order to try to
accommodate everybody.
Sharon McCain said that Mr. Fernandez has been very kind to
the neighbors and that he listened to them; she then spoke in
favor of the project.
Moved by Commissioner Beckman, seconded by Vice Mayor
Wiscombe, the motion to extend the meeting until 12:00 p.m.
passed by a 5-0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Shirley Huebner urged the Commission to amend the resolution
by eliminating the 74th Street option and to approve the
resolution.
With no further speakers the public hearing was closed.
REGULAR CITY COMMISSION
MINUTES - June 5, 2007
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Moved by Mayor Feliu, seconded by Commissioner Beckman to
amend Section 5, subsection (2) , line 49 on page 2 by deleting
"either the SW 59 Court or" in the language. The motion to
approve the amendment passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Regarding a question on the advantages of having a
development agreement, Mr. Perez explained that they run for ten
years; however, both the City and the applicant have the right to
look at the agreement and if there is a need to extend it beyond
the ten years they can do that. Mr. Perez further explained that
in his professional opinion, a development agreement that is well
crafted and addresses the key issues could be very beneficial to
the City because you can go back and evaluate the progress on an
annual basis. In addition, after the fifth year the report not
only comes before the City Commission, but it also goes to the
Florida Department of Community Affairs to ensure that the
agreement is enforced based upon the conditions set forth.
Counsel Figueredo, regarding the need for an agreement said
that it is a good idea in the sense that it delineates people's
responsibilities providing better chance for compliance.
With no further comments from the Commission, the motion to
approve this item as amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PURSUANT TO LAND
DEVELOPMENT CODE SECTION 20- 5.19(E) (3) REQUESTING THE
ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR
A SINGLE FAMILY RESIDENCE LOCATED AT 6202 MILLER ROAD
WITHIN AN RS- 3(HP -OV), RESIDENTIAL SINGLE FAMILY
(HISTORIC PRESERVATION OVERLAY) ZONING DISTRICT
(CAMBRIDGE LAWNS HISTORIC DISTRICT) IN ORDER TO PERMIT
EXTERIOR RENOVATION AND EXPANSION OF SECOND FLOOR; AND
PURSUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITH THE
CERTIFICATE OF APPROPRIATENESS A REQUEST TO: (1) GRANT A
REGULAR CITY COMMISSION
MINUTES - June 5, 2007
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