3THE CITY or PLEASANT LIVING
To:
FROM:
Thru:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Christopher Brimo AICP, Planning Director
June 3, 2014 Agenda Item No.:--,-=--
A Resolution of the City of South Miami, Florida relating to the review and acceptance
of the Annual Report of the South Miami Corporation (First National Bank of South
Miami) on their proposed "Project Sunset" located at 5750 Sunset Drive.
BACKGROUND:
In March, 2005 the City Commission approved a mixed use project entitled "Project
Sunset" located at 5750 Sunset Drive. The project is a unified development covering 2-
112 blocks (4.5 acres) in the Hometown District. It includes 108 residential units and
87,212 square feet of commercial space. The approval included the approval (by
resolution) of two special exceptions to allow lot coverage and building square footage
to exceed the maximums permitted and to allow four drive-though teller lanes where
only two are permitted. A second item approved was an ordinance to accept a site plan
for the project and a Development Agreement pursuant to Florida Statutes 163.3220-
163.3243.
The project is not under construction. In 2008 the developer did initiate a process to
change the project site plan, the special exceptions granted, and the Development
Agreement itself. However, the developer did notify the City that the proposed
changes have been put on hold.
The Development Agreement, although adopted by the City in March 2005 was not
signed (executed) by both parties until December 26, 2007. The maximum period of the
Development Agreement is 10 years from the effective date. This agreement was
further updated on December 4, 2012 following a public hearing. The City Commission
approved an amended development agreement, and on February 27, 2013, this revised
development agreement was recorded and is listed as Exhibit "B" (2) of the backup
material.
South Miami Corporation Annual Report -5750 Sunset Drive
May 28, 2014
Page 2 of 2
The 2013 Annual report was submitted to the City on May 13, 2014 by Mr. Jerry Proctor,
Esq., representing the developer, South Miami Corporation. The report concludes that
all of the obligations set forth in the Development Agreement are met and that due to
economic and market considerations the project has not commenced. The executed
Development Agreement and amendments are attached.
The annual report must be reviewed by the City Commission at a public meeting. The
City Commission may accept the report or if there is a finding by the Commission that
there has been a failure to comply with the terms of the Development Agreement, the
Agreement may be revoked or modified by the City.
RECOMMENDATION:
The submitted report IS In compliance with the terms of the Agreement and it is
recommended that the report be accepted by adoption of the attached resolution.
ATTACHMENTS:
letter from Mr. Jerry Proctor, Esq.
Development Agreement and Amended Agreement
Resolution
RESOLUTION NO. ________ _
2
3 A Resolution of the City of South Miami, Florida relating to the
4 review and acceptance of the Annual Report of the South Miami
5 Corporation (First National Bank of South Miami) on their proposed
6 "Project Sunset" located at 5750 Sunset Drive.
7
8
9 WHEREAS, in March, 2005 the City Commission approved a mixed use project
10 entitled "Project Sunset" located at 5750 Sunset Drive, which project is a unified development
11 covering 1-112 blocks ( 4.5 acres) in the Hometown District and includes 108 residential units and
12 87,212 square feet of commercial space.; and
l3
14 WHEREAS, a Development Agreement was executed between the City of South Miami
15 and the South Miami Corporation by the adoption of Ordinance No. 05-05-1827 in March 2005
16 and is legally considered effective for a maximum period of 10 years from the effective date of
17 February 7, 2008; and
18
19 WHEREAS, the Development Agreement includes the requirement (Section 27, p.l3) that
20 the developer submit an annual report 30 days before the anniversary of the effective date which
21 report is a status report showing that obligations have been met and that there has been compliance
22 with the provisions of the Agreement.; and
23
24 WHEREAS, on December 4, 2012 following a public hearing, the City Commission
25 approved an amended development agreement; and
26
27 WHEREAS, on February 27,2013, the revised development agreement was recorded and is
28 attached as Exhibit "B" (2); and
29
30 WHEREAS, the annual report submitted to the Planning & Zoning Department on May 13,
31 2014 in accordance with the Development Agreement, must be reviewed by the City Commission at
32 a public meeting and the City Commission may accept the report or if there is a finding by the
33 Commission that there has been a failure to comply with the terms of the Development Agreement,
34 the Agreement may be revoked or modified by the City.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. The 2013 Annual Report of the South Miami Corporation (First National Bank of
40 South Miami) on their proposed "Project Sunset" located at 5750 Sunset Drive as required by Section
41 27 of the Development Agreement is hereby ________ _
42
43
44
45
46
47
48
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this __ , day of ___ , 2014.
I
2
3 ATTEST: APPROVED:
4
5
6
7 CITY CLERK MAYOR
8
9
10
II READ AND APPROVED AS TO FORM, COMMISSION VOTE:
12 LANGUAGE, LEGALITY AND Mayor Stoddard:
13 EXECUTION THEREOF Vice Mayor Harris:
14 Commissioner Liebman:
15 Commissioner Welsh:
16 Commissioner Edmond:
17 CITY ATTORNEY
Bilzin SUlnberg
ATTOf(,\j YS t, L/\'N
Via Hand Delivery
Mr. Christopher Brimo, AICP
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
May 9,2014
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fnx 305.351.2250
jproctor@bilzin.com
Re: South Miami Corporation
Dear Mr. Brimo:
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 1-1/2 blocks to the south and southwest, South Miami,
Florida ("Property"). The Property includes the twelve (12) folio numbers referenced above, and
includes the headquarters of the First National Bank of South Miami.
The Owner and the City of South Miami ("City") entered into a Development Agreement
("Agreement") related to the development of the Property. The Development Agreement, a
copy of which is attached as Exhibit "A", was approved by the City Commission and was
recorded in the Public Records on February 7, 2008. On December 4, 2012, by public hearing
approval of the City Commission, an Amended Development Agreement (the "Updated
Development Agreement") was approved. The revised 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 off~e 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 SUMBERG BAENA PRICE & AXELROD LLP MIAMI 4163124.176813/29325
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 lei 305.374.7580 ICax 305.374.7593 www.bilzin.com
Page 2
May 9,2014
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 cumulative 2013
tax payments to Miami-Dade County were $366,581.21.
4. Assignment: The Owner has not assigned the Development Agreement to another
entity and is in compliance with Section 15 of the Updated Development Agreement.
5. Owner's Representations. The Owner affirms the representations made to the City
in Section 24 of the Updated Development Agreement.
In summary and as documented above, the Owner has met or commits to satisfying all
of the obligations set forth in the Updated Development Agreement.
Thank you for your attention to this matter and please do not hesitate to contact me if
you have any questions or require any additional information.
Sincerely,
~o!~
JBP:id
cc: Thomas Pepe, Esq., City Attorney
Bruce MacArthur
MIAMI 4163124.1 76813/29325
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
2
",'
. -..
P1M!:LOPKilNT ~~~
BE'1'W£EN
'rIm Cl:"n or sotrfa HIAK% r J'LORID~
l\Nl) SOl1.l'~ IjtLMa Co!u?oRA~ION
'.tHIS PK'lKLOPMJC1f.l! ~ ("llfill:eement.") is made as of
.ta.eh ___ , ~Q9i June 1~1 2~O~ by and between ~HE CITY O~
SOOTH MIAMI, FLORIDA a mnnic:!.pal oo.rpol'.'at.!on ("C;l,ty") and
SOUTH MlAMl CORPORATION {~Company") Qr its assi9n~e.
'RBCX~S
~t the Florida Looal GovGtn~ent Oevelopment
~;~eem$nt ~ct, set fo~th in eeQtion& 163.32~O -16~.324~,
l"lorida Statutes, sat forth in E~hibit I'A" (the "Act")
provides for the execution of development ~9~e~nts fo~ a
term pot to exceed ten (10) yea~s to insure t~t the law in
effect at t~e time of the eX$o~tiQn ~! the development
agreemet1t shall 90vern th.e development of the land for the
du~atiQn of the aqreement; and
waEREAS, tha city commis&ion of the City of South
Miami h~s ~dopted Ordinance No. g5~05~1~~! which implements
the ~ct and permits th~ co~aiderat~Qn and the adoption of
thi$ aqre~mentl and
mQ£~t the Company QW.!')/; apptoximately 4.S+/w <.1,Qretl,
~onad ffP-OV, Q$$cX'ib'ed in t'xb,ll::l.it "~, tI (th. "l'roPfJX'tyll) I
and
~, tne Company desirea to construct a mixed U$e
develOpment encQ~passin9 retail l office ~nd r~idential
components (ielSc:r:ibed in Sl'>hib;Lt \Ie," Ithe "Project") in thtll
Hometown District Overlay Zone within the City of south
Miam:!.,
Page 1 of 3.7
Book26203/Page1380 CFN#200e0104490 Page 1 of 22
.. _--._-•••• 'w'" ...... -, ... """ -............ -----.... __ .. -. ..... -_._ .,_ .... -__ ._ ..... ~' •• ' ~~ ..... _ .... 04"'_"'~ _ .......... 1_ ... ' .. _ ~",-. ,._-...... _ .... , ~ ..... ,., ...... " •.•.• , •.• , ...... " ............ '.-1 .... .,.,' .•. ,.,,_ ........ '"~ ..... __ .. ~ .... _.
",
NOW, ~~RE, in considexation of th~ above racitals
I,md the following cQvenanttll te;rms ano condit.icns the
reoeipt and sufficiency of which a~e eKpreesly
acknowledq$d, tbe city and Company covenant and agree as
followa~
1, In~Q~~at1on of ~Qit&l •• The rec1tala set forth
above are true and con'eat and are inoQrporated herein by
this refe:t:enoe.
2. ~~op.rty. The Company cwn~ the property as
desadbed in. Exhibit "A".' 'rhiG pxope:r.ty b deemed to :be one
unified parcel and is a~bjsot to the unity of t~tl&
p~r$~ant to the requiram&ntG of seotions 20.7.30 and ~O-
5.14 of the City Land. DevEllopment Code (the "t.DCII)· att~ched
he:retC> a:l Exhibit "0".
3. ~f£.QtivG Da~A; ~ation of A9r.~nt. ~his
agreement shall beoome effective after it has been reoorded
in the public records of Miami~Dade county and thirty (30)
days afte~ it is received by the Fiorida D~partment of
Comml,1nit:y l\ttairs (t.he ":effective Patatil. This ag;teement
shall terminate teo years f~om the e~tective Qate of thi$
~greement, unles& otherwise ext~nded or terminated a$
p:r:ovided foX' herein or in the' ~ot. The maximum petioc1 Q~
this $qreeme,nl!. shall ~ ten (10) yelilX'S fl:om the effectil1e
~ate Unl$$8 extended by mut~al OQnsent of All legal and
equ:!.tabl.,e owners of the Propert.y and the cit.y upon apPl;oyal
at a p\.\bl.:l.c hearing, M provided in the a.ot.
4. 11.IJ8 ot'· l'ropar\:;y. 'J:he prope.l:ty described in J!1)\hs'bit
\\1\." is to be utilized for the projeot descri:Qed .in li:xhibit
"e": a m:h.ed use rlisidential, offi-oe and retail pxoject
with ~ residential use not to ~~ceed 108 owelliog units on
8ook26203/Page1381 CFN#20080104490 Page 2 of 22
.'
,
','
app~oximately 4.5 +1-acr.es. The pxoJect wiLl inolude
"chamfer$d" coxnQ~a wl'le:r:e ~t abuts l:oadway inte.rpseotion~
pU:J;l>uant to Ex.hibit "C", 'Xhe oooupied space of the project
will not exceed fo~r $to~ies Qr fifty six (56) feet in
height un16$s otherwi$e permitt,Bd by the South Miami
comp~ehen$ive plan ox its land development rS9ulations, The
tots.l of oocupied spaoe of t:na project shall not ex.ceed
fo'\.!l:' stories. Non-?cCupied sPace shall not exoea4 a ma~j..m'Um
heigh.t. of f~:ty aix feet. Th(ll project snail be built in two
phaa~s a~ follows:
• Phase t ~hall. ~Qt'l.9ht of Blocxs "AN ano ~."8.:
d~3ed.bed in EJlhibit "e".
• Phase IX ehalL QQna~st of Block ~ ~g:.d~50r1bed
;l.n Exhibit "e".
" ,~ ~ ,rtJaY., IIilUlQ.t to ~l~t ... ~
davel.2p!!!nt e~~ in one li?hal!!.! ",
• 'tn. ~ --1, ~l • .;:t to ut.~U~u 81Do); "elf aa !
~rm b~ f.d.li~. dth c!¥'+~*th~01::I® l-.nu.
(not. to uff~.4 ... ~QU: lanfl.) which ..l.~cility ahal.l
btl :r:~d :gpqn tho i!IJUAno. o.f tlua Cutg!pata
of ocem'"OC :fO:t' -en. ~ ;f.~~Utz: em 810011; IIAII._
The OV$l:all .Q.e'\,l'eJ.opm~nt of tM propert.y shall. be
oopductad in accordanoe with the ~pprov~d sitG plan on file
t\ t ~he City I (at ta.oh~d and inoorpon ted. flU Exhib1 t "all)
includin9 elevat1pns, a~Qh1t$at~~~l f~at~4es and ~$timateQ
commercial square footage pU~Buant to Section 20.3-7, of
the )'..DC.
S, :eubUc FaoUi U •• S.:r;v;i.llIjI' th. 1JJ:ojoct. In oro.e.:l: to
enhance publ1c faciUti~l!! in the Cit'y 01: SQuth Millllt,i, the
Page :l of 11
8ook26203/Page1382 CFN#20080·104490 Page 3 of 22
'.'
comp~ny a~raea to p~ovid~ the aervices listed below in
compHance with Sect10n 20~4.J. of the LOC, includ1n9'1
ta! goad"ayl'J
An operat~Qnal traffic st~dy wa~ oondu~ted. by
the city and the Company 9grQe~ to the
recommendations of oity st~ff as set forth in
tbe.U: staff report whioh recommenoations are
inco~orat~ herein by ~afe~ence.
(b) parks and Recreat~
B&$~d on ~he ~:ojeoted ~aaidentl.l population
on th.e ?lloperty, Company oql'eea ~o '6)' .... U
p.ell,'£H i 9 ael1u oj J:a"'~ &eeept&l>h 'U 'elile.
0;'111' ... a .. ,""~iU,e ,a. a, ; ihl ~ .. &. ahelu\.,j,\,e.,
4ift$ 1iI,,~an,,' 11\4)' , .. e¥i" II: .» nl,,, •• '".e '1!~'M~l'Iv)!
e&eell eft !>le IW~ .... "'Ethe , •• 8'6 e!
i!~d1!l!MW.&l ~rll!teoltll~ ifl aha eU5' f)"MlIt 'fa)!,!!! l:1:Ui~
~It"'-$';;e Q~~~~. fj.,eymef)b' fI~&iLil lt~ ,*~ee:1i ~~
a .. ,u4al i'ttI\Q ·h¥ "p.""db~ .. ef! 1!I~"iha.·
'lIIf-eWlWefl1U, ee !II/illtl, iln6 !'!!Ie.e,,~i~1\ heiH~e~
'" ~~e G,ey. ih$ P~~eft~ e~a~l be made ~I\ ~ne
i~ av~ e~ ,e~-be*~~~ 4 C~~ifie6&e ef ~5e ~~~
e8e~M:"'r "$ ~lta1\\;(tEi 6&:11: 'he !bla~ t'eeloaeI'iH~'
'tIfIi b "'1'\ tit" t'lnpet'tYT""to dona..... ~232 I 1)00 in
pne 1!:'JI!W .~ ,'" it.",ree.ecmaibilit.t, for ~.tl!!S
2ar~ and ~Qr.a~on oonCU%~~. P~t ~.~t
!?! -made on or blafore ~~;Lpt. o'L tha Ur-!t:.
J)uUd:f.J'!.Sl e!mi.t. and _!all inc::~~ lIAr i1'1terut
or c:ar=ririll cost 1n~.d & the CU;;lt' unth
.t:ac~pt 0' the Pilent."
te} Sanitar~ S.we~~
Water and Sow'ar se;l:v:l.ees tOil!; comply w:J.1:.he.ll
requirements of Miami~D~~e Co~nty fQ~ any
b~Hdin9' p:d.or to is~ua.n(:e Qf a :fin~l
Certifioate at Vae an~ Occupanoy.
Book26203(Page1S83 CFN#20080104490 Page 4 of22
td) solid ~Illlte
Solid Waste services that comply
.requ:L~ement8 of Mir;lmi-Dade County
builtUng prio~ to issuanee of
Certificate of uee anct Occupancy,
Ie} Schools
with aU
foJ:' any •
a final
'J.'he company corom1 ts to pay \lp(i)n the ilssuance
of the initial certi:ficate of oCO\lpanoy any
requited Miami-Dade County School Board sChool
impaot fees,
6. Concu:~.nQY, the C~ty of South Miami has dete~mined
that the Company' S pe~to.rmanoe unde:r the Development
1I.greament sat isfies t.he ooncurrancy requi:cement$y as
delineated. In Section 20-4.1, C1ty Code. ay Bxecutioll of
t.his Agreement, the City <l.cknowJ.edges that t.he application
for <lite plan approval meets all ClOJ')Qu.u;ency regulations
enumerated in section 20-4.1 of the Ci~y Code, and that the
site '. pl.an applic~tion and 'Chis Aq;ceeTfl('lnt axe consi.stent
with the City Comprehen5ive Plan and Land Development
Regulations.
1, F.~t~. me permits pralimin~rily 1dentif.ied $$
necee~aty for development of the projeot are descripsQ as
follow8 ;
(al Special ~~~ept1on to permit four dr1ve-
through teller lanes ~ithip the site.
(b) special Ex.oCetption to provide 72,2% +1-lot
coverage.
\e) Spacial U$0 permit to permit up to tour
~estaurants with a ma~imum tutal of l3re20+/~
squara feet w:tth paJ::'Kin9' to Pe BUpp),it;!c\ :t'rom i.lny
Page!) of l7
8ook26203/Page1384 CFN#200B0104490 Page 5 of 22
-, .... _-_ .... ---._---_ .. --~---... -~.,.-.
"
exoea5 pa~kinq within the site, Retail and
restaurant parkin9 shall be mark~d and $1qned.
8. n8V.~~nt Conditione, The folloWin9 conditions
shall ~pply to the deveLopment' of the p~Qject'
(a) 'l'ha Company ehal.l meet all applioable
building codes 4 land <:ievelopment re9\11at;;\'ons/
ordinances an~ other la~s,
(h) The Company shall ao.here to the J:equirements
of all pexmits ~O~ the P~Oj~ct,
Ie) ~he Company shall develop tbe p~oje.Qt ~n
conformanoe with tho param~tera set fo~th in this
I!q.l:eem&nt.
(d) All development shall be in ('.lecoX'd with the
!lite pl.a.n s'Uprnitted with the' special e~cept:l.on
~nd special use ~pplicationst said site pAan
incorpor;at(;lQ ir1 E~hipit "C",
{e) The Company Sh;;ll:\, provide tM Depattment of
~lann1n9 with a tempora~y pa~Kin9 p~anl including
.m operational plan / which address~s construction
employee pax-king du:rinQ tl:ltf conat:r:uctiQfl 'pedod /
said pl;:m &h.e.ll include an eniQ2:cernent plan and
shall be S\l~j act tot) the tevl-ew ana approval by
the planninq di:t:e¢to:/: pdoX' to t.he ,1uuance of
any buildinQ permits and 5ball be anfo~oed d~tin9
const:ruction act 1'v:l.1; Y •
f) Al.l. c6nc;iitions impoaec;\ by the City Co!!ltnia:9i.on
shall be inoorporAted in this Development
-I\'ilreement,
q) Company sha.ll reiwbuue tne City it-a lost
parking revenue 1;;;om ~ny me\;e:red parkin<;, spaces
rage u of 1.7
Book26203/Page1385 CFN#20080104490 Page 6 of 22
. \ .
. ',
adjacent to the Property which it oocupies O~
uses du~1ng the construction pe~iod.
h) The Company shall do~at~ to a city trust fund
~40,OOO.OO to be used by the city for txaf£1c
calmtng or other tr.Qffio m1ti9atlon pxogram~
w1tn~n the City of South Miami. Thta money ~hall
be dOl\at~d t.o the City , prio;!;' to the issuance of
its fir~t p~ildin9 permit.
9. CQod.ster!.cy If.t.th City of 8Q\ttl'l M£u:l. COq):r:ebenlliive
»lan ana ~ Dov.lo~nt ~9UlattQni, me city hae adopted
a cO~.t'ehenBive Plan and Lanti. Pevel.opment R~9\;llat1ons in
aooordance with Chapter lS3/ ~art III Florida Statutes. ~ne
city findiJ that the project is-con/listellt with th~ cityl s
comprehendve plan and the c;lty' s land development
.regulations. The proj eot, lS Jl\~~edulie relSidential, of;ficfl
~nd retail development, a~ set tQ~th herein, is conaistent
with the "Mixed-Usa Comme:toial/Resid.ent,j.al (Four stOl:Y) 11
de8~9nation on the f~ture land use mapi and tne »n~ov
zoning distriot on the Official zoning Atla~ of tne City of
South ~iami. Goal 2 of th~ Futu~e Mand Usa Element
identifies t~e deUne~ the borne town dist.x:ict which
Qons:!..sts ot the \'Hometo~l'l \)~.\Jt:rit:t Oveday ~one, " aa
dst1n~~ in ~rticle VII, s~ctions ~O"7.1 tbrouqh 20-1.52 ot
tbe city's land development ~e~lat~ona.
10, V •• ting. '\5 10119' ae the development on the
Proparty ill In compliance! wHh this Deve).opment Ag;raement,
and all appl1cabl& 1awQr ox~inances, cOdes and polioies in
existence at th~ time of tile execution of the Devf31opmen1,:
A<Jraement as well as other ~eqt;l.it'em$nt~ ;i.lllpotSed by the City
Commission upon tbe ,:atiUcatiQn ot' the 8,ite plan approval
!'age I of 17
Book26203/Page1386 CFN#200e010449Q Page 7 of 22
•• '''' , .. , .. ,... . ", .• -. -,,"_",,' .. _ ,._ ... '. ,_._.M, _.,._ .... w_ .............. " ..... _--._ .. _~ ... ..
on the Ptoperty, the PtQpe~ty shall not be the 6~bject of a
down zQninq. application by the City ~od shall not be
subject to any devel.opment moratorlum, t:~ferenda action,
ordinances, poliqie!!1 or procedures enaoted by the City
that limits the development ¢ontempl~ted by this Agreement
... nd depic:tad in the siU plan, 'Any bU\lre by this
Agreement to address a partic1J.la:t: pem1t f ClonQi tion, term
or teat~tct1on Bnall not rel~eve t~e Company of the
neaeu;l.t.y of oomplying with the law 90verning eaid
?e~mitt~n9 requiremento, Qond~tiQner t~rme or rest~iotione,
11. Pe=!t:.., Ctll:ldii;i.gnll, 'to=. and JUlst:d.etiotls not
Addr ••• a~. The failu~e 0: this agreement to addtess a
particular permit, Ct:!ndition, term or restriot1.on shall ~ot
relieve the Compa~y or the city of the nece~sity of
complyin9 with toe law <Joverning aaid permittiP'g
~equ~~ement8, oQndit~¢ns, tetm$, or r~attiction$.
12. Duzation of Pe~ta. Th~ Oompany aQ~nowledges that
this a9l:'e~~ent does not 6~tend the duration of ~ny permits
or approvals.
13, MCl" Govexnill9 DlIIv.-lopm.a»t Qf the. PxoPit:tty. Tl1~
ordinances, polioies and P~Qc~d.l.lr"a of the cit~ Qf South
~il!.1l\.i conoel=ning developm(tnt of the property t;:nat. ",u .1.n
existence a4 ot the execution at this agreement $ha~l
g'ove'cn the development. of th'l' p:t'operty for the dura tio.n of
the term of this agreement No ~ube.equ&¥ltly adopted
ordi.nanC6$r polioies, 01:' p".ocedlJ~es shal.1 apply to the
p:coperty e.:Kc~pt in accordance w1th the prQvisions of
section 163.3233 (2), Florida. Statutes, <md O~dinanoe No.
05~05-1a2~, ·as attach$d.
I?age a of ).7
Book26203/Page1387 CFN#20080104490 Page 8 of 22
. ~.
t','
14. !t'.~l\atiOA. This agreement may. be termin~t;e(.\ by
mutual written oonsent of the oity and COll\Pany, aubject to
the te~ms and conditions he~ein. Either party may texm1nate
this Agteemept if the oth~r pa.tty oommits 0,1; allow$ to be
COl'llll\itted any mated.al b;rl;!ach of this Davl;lopment.
Agreement. PI "material breaoh" of this Agl;'eement allall
include, but not. be limited tO I a fa.il\\re of e:l.tl'le~ party
to par form a~y mater1al Quty or obli~ation on ~ts part for
any thirty (3D) oonsec'IlUve day perioQ. Neither party ma.y
terminate t.his Aguement on ql:o'UnOs of materi.al breach of
this A9uement unleas it halll provided written not1c~ to
tha othn party of :!.ttl intant;l.on to' deolaX'e a. b~each and to
terminate tl1ifi' Aq3:eement (the "Nat.:!.oe to 'l'(lrmioatcs") and
the bl:eaoh:l.n9 pat'ty thereatte:c fails to cure 01: take :>teps
to substantial.ly cure. tI:e breach within sigty (60) days
followinq the. receipt of suoh Notica to ~er~1nate; with the
e~ception ot monetary brea¢hes which sh~ll be cur.ed within
thil:ty (30) afte:r :teceipt of notice.
15. A1J.:i.9llJlIoltnt. Thia Devel.opment Aq;,eameJlt may riot be
"'~l3i9'!1.W by the Company ex.oapt to an affiliated entity I
without tile p.dol: wdtt.en oonsent of the City. Subject to
cnfl ptaoedln9 sentenoe tll'is PeV~lCipmElnt A9reement shall be
binding I)pon the 8QCC~$I!H>~fl, assigns, and rep:resentative.s
of th~ parties hereto. An affiliated entity is an entity of
which South Miami corpora~ion or a majority of 1~s
ahareholders r diX'~ctl:y or indirectly owns at leaat 51% of
the beneficia1 interest.
16. Work 1!'o~o.. Tba. Company a.gr~'l,'Is to use its best
efforts to enhanoe job oppo~t~nitie~ for local citi~ens in
connection with the p~oje~t. ~Q that end and in orde~ to
Palle 9 of 17
Book26203/Paga1388 CFN#20080104490 Page 9 of 22
. "--.. , ---.. _ .. " ~"''''''----'--...... , ..... -.. ". ___ .. ~',,, ....................... _u ..... ". ' .. '. ,,_w ...... ___ .M .. ..
"'1<'
maximize job opp();rtunitie.s fot: applioants f,roro South Miami I
the Company shall Bend notice to the Communi ty
Redevralopment Al1ftl\oy Oil:actor of the Cit1 of South Mhmi,
or a. $ubst~tute tle~i9'nee by the City Manager, regarding
employment opport~nitiea rel~ted to any, (1) con$t~uotion
work on tne ~);op~rty, (2) temporary OJ': pe:r.manent
m«intenanoe work on the Property, or (3) propo$als for
leasing ot retail space Ot' employment opportunities
associated with retail apace ~ooated on the p~operty,
17. J¢i~t »~.p&~.ticn. Thie aqr~ement has been drafted
with the pat'ticipation of the city and Company f:!.nd their
Qounsel, a.nd shall not be oon:;tru$Q against any party on
acoount of draftsmafl$hip.
18. ~1ndin9 8ff.ct. The burdens of th~s a9~eeme~t
$hall be binding upon, and the benefits of this agreement.
shall inure .to, all :51u.ccesso:rs in intere.st to the {larti~s
of this ag~eement.
19. CaJ?U,on8and U •• di"g.. l?aragrapl'l he(ldinqs are fo):
convenienQQ only ~nd ~hall not be osed tQ constxu$ or
inte~p~et thi5 agreement.
20. ~lic:ebl. l-,:H" / JU~bo;U.OUont imcl V.rtuQ. ~his
a9:teement ~hAll be Q()vElx.'ned by ilnd J..nt~xpreted, con6tt'\l$d,
~nd Gnforcad in acao~aanQa with the internal l~wB of
li'l.or;l.da withoQt rega;r:d to p:r:3.I"l'l:iples of oonUicts of law.
This agreement m~y be entol:Qed as p~ovided
l63,3243, ~lo~ida Statuta$T Venue tor any
pertaining to the subjQct matt~r pe~eof
axclu$iv~ly ~n Miami-Dade County Elori~a.
Page 10 of 17
Book262Q.3/Page1389 CFN#20080104490
in Section
litigation
shall be
Page 10 of22
~: .
21, "nfor~nt. In any liti9ation aria~ng out o~ thi$
ag~eement, the prevailing ~~rty shall be entitled to
tecover its ooste anct attorneys feaa, Attorney'e fees
pay~ble undeX' this paragraph shall not eKceed 25% of the
amount of damages awarded to the. prevail1nq party und no
pa.:rty shal .. 1. be entitled to pre~judgment interest. In any
injuootiveor other action not ae~ld.n9 damages under t.hls
paraq.raph, llilgal feet> may oe awarded in the d16cntiQn of
the court, but Shall be rea$ot)"ble and shall not exce~d an
nourly rate of $300.00 por hour.
U I :txU'?8ation. Notliing in tll is A9reell\Aitnt sh~ll bli
construed to waive ot' Um:l.t t:he City':! 90vernmentell.
al,1thority as ~ munioipa.l corporation and. political,
subdivision of the State ot FlQrida, Tne Coropany theJ:efora
uno.erstands and agrees tnillt aoy official l.nspecto:t' of t.ne
City of SO\'lth Mial\\i, o~ its agent$ duly autho:rized/ h.av~
the .right to enter/ inspect and inve$tig'ate all ?'.ct:j.v.:lths
on the premi:.;e$ to detel'm~ne whetnel: the Property oomplies
with applicable laws inoluding but not limited to ~uilding
~nd zoning regulations and the oonditio~~ here1n.
23, Au~bo~1matio~ to W!thhola PQ~tu and Inpp.Qt1Qn~,
In the evsnt the Company i.e Clbliqatecl to rnl1ke paymentll o.\;'
improvements unde~ th. term$ of thi$ Development A9~eement
and such payments are not made as required, or suoh
improvements are not made CIS required, in addition to any
otner remedtes available, the City of South Miami is hel:~by
.,uUlorized to withbold any further ptll'.'mit.s on the po;cti~n
o;f' the Vropcrty failing to comply w;l. ttl. this Development
Agreement,
~l?pr.ovala,
and rQ:f.'Usl) any inspections or grant any
with regard to that port~on of the Property
Page 11 of. l.?
Book2620~/Page1390 CFN#20080 1 04490 Page 11 of 22
.... ----·-_~ ______ ·_ ....... _ ............. ~.u." .............. ,,~,. ____ .... _ .
until such time thie Development ~greement ia complied
with.
24" ,l\ep~ •• enta.t:Lonli of tho COlIIpl'1ny. 'l'h~ COJilPany
rep~esents, to the city aa followsl
(a) ?'he 8y.eollt..!.on f delivery and ped~r1I\anoe of
thls Ag~eement and all othe~ ins~rvrnent$ and
a9'reelllent~ executed in connection witn this
Aqreement have been p.ropel;'ly authQ:cizea by the
Coltr,Peny and do not rec;r.lire f'Uxther l\ppro\Ta~, by
Company.
(b} Tbls Agreemlilnt hae bean pxopedy f)xeQ'\)teo,
and constitutes Company' (I J.e9a1, valid. a'l')c;i
binding obligilt,~9nsl en:f()rceable ,.gainl)t company
in a~oordance wi~h its terms.
Le) Tbere are no actions, ~u;l.t$ or p:toceeding8
pending' or th:re8ten~ct against Qr aUaoUn9"
Comp.my before any court or 90YI.'lt'1lmental agency
that would in any matexiCl:l way affect cotnp~nyr a
ability to pe~fotm thi~ Agr$ement.
(d) CQ~any ~hal1 not act in any way whatsoever,
dil::ectly or inctir~atly, to cause t)l;ls }\9l:'eem~nt
to bEl amepQ.eQ./ ,mod;i:f:ied, canceled, or !;eJ;m:\.nated t
except p\I;ts\l.ant to ita Glxpress te:J:mst ~nd shall'
take all aoUona neoeasaty to ensure that this
Agreement $hall. xemdn in fulJ. fo;toa anQ effeot
at 411 times.
(el Company has the financial oapacity to payor
advance to the C~ty all fees and payments as
r~quired under this Ag~eernent.
Book26203/Page1391 CFN#20080104490 Page 12 of 22
25. S~e~ability. In the ev~nt that ~ny of the
covenants I ClgreemenU I terms, o:r: provisions contained in
.. this ag'l:'eement shall he invalld( ili<!qal, or unenforoeable
in a:ny respect, I;.be validity of the :cema.ininq covenants,
aqreements, te~sf or provisions contained herein shall be
,in no way affected, prejudio~d; or diettll:bea tberel:>y.
26. Waiver.. No failure ot delay by Company or the
City to insist ~pon the atrict pa~formanc~ of any covenant,
agreement, te~m or copditiQn Of this Agreement, o:c to
exen:cililEl any :r:iqht or remody OOnl!l\ilquent upon the breaoh
therfllof, shall constitute a wa1 ve:c of any such breaob Qr
~.t'lY 8UQSaquent b.r:fI&oh of s\Jch oovEinant, Ii <;1t'eemGl'lt , term 0):
oondition. No cl)venant l agreement, term, or condition of
this Agreement and ~o breaoh thereof shall be waived,
aLtered or modified 'except by written instrument. No waiver
of any l:>reaQh shall a~£ect: or $lte:r: th.\..ll }\gl:eemant, but
eaoh and ~very c9Venantt agreemantl term and condl tion pf
this 1\9're~ment shall continue in full force an(Jef'fect wHh
respect to any other then existing or subsequent breaoh
thereo!.
27. Ann~~l ~~o~t ~d RevlQw, It sh~ll he the
reapons:!.pility of the Company to $~bm~t an annual r$port t~
the C.ity sufficient to fulfill t)).Q tequh'ernants as. ete.teQ
:in the provisions of Beoti9n ~63.32S5, Flodda Stllitutes,
and ordinance NO. O~ .. I)~-200!. 'rhis agreement shall be
reviewed annually <>1'1 the. anni v~:t:~ary o,f' the effective date
of t.his a9reement. The Company, or its assignJ shall Bubmj,t
an annual report at ~east 30 d.ays prior to the annual
rev.taw date. '!'his repo);t shl;\ll contain ~ seotion-by-eection
listin\j' of what oi>l.!gatione have P<:€ll"l met and the date
£'at;JE! 13 of 17
Book26203/Page1392 CFN#20080104490 Page 13 of 22
find.i.zed, as qood t'ai~h. oomplianae w;tth the teTI1l$ of tn«
a9:).';e(;lment. Tbe city ol;imm;'~sion aha 1]. t'f;!IViflW thG annual
report at ~ publ.;l.o meeting. I-f the City COJIlmiadon :finds,
on· the basis of substantia.). competent I!videnoe, that thel:'e
has been a failure to comply with the terms Of the
Development Agreement, the Agreement may be revoked or
modified by the C1ty_ The obligation to s'l.lbmit &n' annual
~epQrt ah~ll conclude upon the date on whioh the ~9reement
is terminate~,
28. NQtic.8. Any not1~es o~ repo~t~ requ~red by this
aq~~Gmen~ shall be $ent to the follpWin91
For the 0;1. ty I
Copy to;
Copy (:Q:
Book26203/Page1393
C;ity Manaqe:r
City of South Miami
6130 sunset D~iva
South Miami,. Florida 33143
Planning pirecto.
Plann~ng ~nd Community
Development Department
City of South Mi~
6130 sunset D~iva
South Miami, rlo~1da 33143
South Miami Corporation
Attn: ~on~ld r. Hunter,
Vioe Pnej.de.nt
A~lci Wade ll.. WIl,Qhoh, counsel
5750 sun sst Otive
South Miami, rlc4iQ~ 33143
Wade R. Wacholz, E~q.
Gi8l~~on ~ Hunter{ LLP.
l?O. Box 5297
aopkina, M~nnesota 5S243 w 2297
W. Tuoker Gibbs, Esq.
215 Gr~nd hvenue
COQonut Grove, Florida
Page 14 of 17
CFN#20080 104490
33133
Page 14 of 22
....... ,. ,,-. ". ~""""'-'-"'"--'----"""'''''''--'---.... ~-.. -...... ---.......,... ........ -....-..-... ____ ............. __ • __ •••.......... 11 ......... " ••••• ", ... ~ ''''''
. . ' . .
, '
29. E:Kb:l.bitli. 1.11 elth:l.bit;,s attached heJ;~to oonta.l.n
add;i,t.t.onal terms of this l!Il]):ee1l'lent and art;) :l.noorpo:r:ated
he:e-eill l)y z:eference.
30. ~ndment. ~his agteement may be amended by mutual
written consent of the city and Company SD lQPg as th~
amenQmeot meete the raqui:l:el1lenta of the act, applicable
city ot'dinOlMes a.nd U'loridalaw,
:U, ~t:i.xe W1:0~t, orhit; al]l:eement repreaen ts the
enti;r.e a9t"EH:lml.'tnt and. no P:C;'o:c or pJ:e$ent IlgreemEl:rlts or
reprefJel'ltaUona ahall be b;\.ndio9' I.lpon either the city OJ:
Company, unless speoifi~all~ inoorporated he~ein by
refe~en~e, whethe~ s~ch pr.ior ptesent aqreemante have been
mad~ orally ox in 'Wdtin9. Ea.ch patty affirme.ti\Tf;lly
rep';-Baentll tha.t no prom1.ees have bElen made to that; P<lrt:y
that are not contained ~n this Ag~eement, and the Exn~hits,
and $t1pulatas that ~o evidenoe of any pxomisea not
oOlltained in th.is Agreement, and the Exhibits 4 shall be
admi tted into' evidence on i till bebalf.. rhis 1\gnemant shall
not be $\lpplemented, amended. or mod:lfield by any cou)';se of
dealinq, e;lQuxae of peJ:foX'TrlflnCe QJ: uses Qf trade and may
only be emended or modified by a written ;l.n~tl','ument duly
executed b¥ officer~ of both pa:rt1e~.
32. 'fh$.r<1 ~&l:t:Y 3U'I.Gno;i.ary. !l'hh A9:r:~ement h
~~c11.:lsiv&ly fot' the bet1efit of the partias bereto and thai~
A:eHUates anc1 it rnay not. be enfo.l:oed by iiiIlY p~rt:y o\:.her
than the partie.') to this i\9x:eem~nt and I.lhall not 9iva J;'be
to liability to any third. party cthar than the autho:dzect
,9uccesaors end. aS$;i.~m; of the paa:-Ues hereto.
33. ~er1od. o~ ~i=Q. Wheneve~ any det~rm1nat~on is to
be ma<;ie 02; action :\.$ to be taken on a date a;Pelcified in
P~ge 15 of l. 7
Book26203/Page1394 CFN#20080104490 Page 15 of 22
. ~ __ ."~_ ... __ ..... _ ..... _ ..... ,, .... _ .... _ ~"""no ...... ~ _______ .• ,._"r·· -__ . -......... " .... .................. '" ••. ""'._ ... ".,r-•. ,..,...,....-.-'~·."'I.·,.· ...... , .... -_ ... _.
~. ,
this jl\qreement, if such date shali tall on. a Saturday,
Sunday OJ: J.ega.l hOl.:l.day, then in such eveklt sa;i.d date shaH
be ~)(tehded to th.e next day wM.oh is not lJ Saturda:<h S\lnday
or legal holiday.
34. counte~art.. This A~reement may be execut~d
(including by faolJilnil~) in one or mox-e counterparts/ and
by the different paJ:'t:l.es he::etc in sepat'ate QQunte~arta,
eacll of which when executed shall be deeml!d to be an
Qt'ig-.i.nal h\lt all of \'Ihion taken toglJtner $h~ll conllJtitute
on~ and the same aqreement.
3!!l .. ~c:ord4t1on.Nithj.n 20 da.ys after th.e Pevelcpmtllnt
lIqreememt has beltt\ signed. l:ly both the Company and. th~ C1ty,
the Applicant aill!lU cause a copy aithe Dove lopmliln t
Agreement to be reco::-ded. at the Applicant I IS expensa· in the
registry of deeds in Miami-Oade County.
36. AbandonJJ8nt ot ru.9bt-of-Way. 'fne C;lt~ agrees to
abandon the right.-of-way ~djacent to the p:rope:rty to the
buildable line. The Company ahall ocntempQ:r;aneously grant
to the Ci.ty an e8~ement hom the t'ight·o!-way adjacent to
th.e p~op~~ty to the buildable line for all future need~ of.
the Ci\::,'. 'ro en$ure thillt the p:toposeQ $t:ructuu doee not .
interfere with the City's futu:t'$ needs, any permanent
$truQt~re e~tending out OV~~ the City'~ easemont shall
prQv.ide the City with clear~noe as prov~ded in the Hometown
overlay District in the Land Development Code (lO~!.'~et
minimum) .
J?age l.6 of 1"1
Book26203/Page1395 CFN#20080104490 Page 16 of22
, ,
City Of south lUiuni. li'lorida r this', day o~ 200 . .
J?MInm MID DULY ADOl"'1'lID by th~ ~).&sion of t~he
. 11tf,· ~ /l.(I(/
S~A'l'E Oi' ~LQ~'J:gA:r 1.1.1 1\1'" ~ )
l
C01JNT~ 'OF UfJdU eAGlE <!OOK, )
The foregoln~ inattument wa~ ~oknowle~ged befo~e me tht6
~ day of Pe.c.t.""I'!>Vb, , 200'-"by ~ €,OqSW.ft.L ~/~ who :1,$
perS.~l~own to me. O~ who p~Qduoed
--=--.~ __ .:.;:;:::,._-:--__ ~-.-a$ identificat;lon, on behalf
of the corporation.
~y commission expires;
I't £...",1--4-)
Page 17 of 17
Book26203/Page1396 CFN#200e0104490 Page 17 of 22
, " ............ -""" -'-'---'~--"--------'---'-'-~'-
ORDlNANCENO.J5-0S .. 182,7
AN ORDlNANCJC OF nm MAYOR AND CITY COMMlSSION OF 'nlE CITY
OF SOUTB MIAMI, FLORIDA ADonING A DEVELOPMENT AGREEMENT
PURSUANrr TO FLORJl)A STATE STA'rUE 163.3221, FOR A tJNImED
DEVELOPMENT PROJECl' KNOWN AS «PROJECT SUNSET" WIDeR WILL
INcttJD)J; 'l'lIREE Bt1ILDINGS UP TO FOUR (4) STOlUES IN HEIGHT AND
TfJE :F'OLl..OWlNG USES: 108 MVLTI·FAMU..Y· RltBIDlGN'I1AJ... UNITS,
RlilTAlL OSES, OFFICE US:ES, RJ3:STAlJR..ANTS, BAM{ Al'll) l'AlUONG
GA.M.GES; ALI, FOR PROPERTY I"QCA'l"ED OENEl~LY AT 5750 STJNSET
DRIVE AND I;.EGALLY J)ESClUBED AS I,..OTS 6 TlIR.lJ ~, 40 Tl:IJ,tU 45, .53
TWX] 66 mcr.;f,JslVlS AND nm EAST 50 FEET OF LOTS 51 ANl> 52, OF W. A.
LAlUONS stml>lVISlON ACCOIIDING '1'0 THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 19~ OF TIlE PUBLIC RECORDS OF
MlAMl .. DAD:E COUNTY; :PROVID)N'G FOR. SEVERABILrrY; PROVIDING
:FOn. OlIDJNANCES IN CONFLIct; A.Nl) l'ROVlDlNG AN EFFECl'IVE DATE
wmtREAS, in 200S the South Miami CorpOra.t:illll is requ¢Sthlg lIpproVal -of B Oevel~tnCnt
Agte~ent for a 4.5 aOl'e proposed ullltied develop);llent to 1>0 oalled "Project SUlJSet" wblch will inolude
a total of 108 dwelllilg units aud 87,212 square feet of commc:rolalspaoe on property located generally
at 5750 Sunsef Drlv~ and legally de80rlbed as Lots 6 fimt 9,40 fum 45. 53 tluu 66 mclusive and the east
.50 teet of Lots 5] and 52 nfW. A. Larkins SIlbQivisiou according to (hE! plat thereoireoorded in pM book
"at pllge 198 of the publicrccords ofMiami·Pade COlUlty j and
I/-
o 'V\IlIER.EAS, tho City CommIssion. at its March 1. 2005 meeting adopted a resolution Idlowing
two special cxoepuona and adopted a 5p~i!!l \1&0 )':CSolutioP, peflIlitting the location of four re~laUl'1lPts in
the unified development; and
WJmREAS, the FlOOda Looal GoveJ'lUlle<lt DeveloPJllent Agreement Ac~ aet forth in sections
163.3220·163.3243, Florida Stntutes, provIdes forthe ex.ecution ofdevelopIMIlt I;lgreements to ipSUfe that
the JllW nnd mgulations m «feet lit the time) oftbe execution of tIllJ devel()pm<mt ngree~nl shall govern
the developmemt oftbc land for the duration Qftbe agreel'Ill.mt; lind
waEREAS. the South MJam.t CorporaUoobas lltOposl:d th~ e-.x«lUtioo of A d~"elopmeot
agrocw"nt witll th.c City of South MiaIfli pertai.:nmg t\) the ~ed \ISO project entitled ''ProJect. S~\ll$~t"
whioh flWe<mleut would st:~ forth all 0 f the condl,tloulJ lind commitments ICquire<t by th~ CUy r~ru1ting
frQll.l the appfoVlll of \.hl'l speclal ellception lind $p~a1ll$e XTiquestll; Md
WJ:J.EJ.tEAS 1 the Planning l3oar<1 at a moeting Oll lJebruary 22.. ZQOS after /I pu1;lUc beariIJ$.
adopted n motion by a vote t>f 4 aye 1 nay recommemding approval of the proposed Development
Agreement subject to specific xtVislons and conditions, Which have been. included in the draft agreemen1;
and
WllEREAS, the Mayor aDd City Commission of the City of SO\.lfh, Miami desire to aooept the
rccommeudation oftho Plauniug Board,
NOW, TE£.EREFOlm, BE IT OJIDAll'\ED BY TlD!: MAYOn AND 'I'BE crn
COMMISSION OF TIlE Cl."f)!' OF SOUTE MIAMl, FLORIDA:
BOok26203/Page1397 CFN#20080104490 Page 18 of 22
•. ~ ........ ..,. "~'r" "'~"'_"~ ..... " •• _ ... _,....., ................ __ .. _~_ ............ _, ... , .. __
• # ' .. .
Ord. ~o. 05-05~1a27 2
~1l1ified dllVelopment to ~ called "ProjOQt Suoset" which 'IVil1 include a mUll of \ 08 dwel!lng \'I1'l1u; tm'.l
87,212 squrue feet of GlOImtI8rciftl space on property located genera.lly at 5750 Sunaet Driv~ and legally
dQsoribed aJi Lots 6 tbtu 9t 40 tiw45, 53 thru 66 inclusive and tho cast 50 feet afLats 51 and S2 of W,
A.. LarJd.ns subdivls{ou II.ccotding to the plat i:lwreof recorded in Plat Book 3 Ilt page 198 of the public
records of Miami-Dade County is approved. .
Seetion l If any section, olause. sentence, OJ" pllrase of this otdJn~ is fot any reason held invalid or
. unconstitutional by a QOurt of competent jurisdiction. this holding shall not affect th~ validity of the
remaining portions ofthiR onl.inancc ..
. .
Sectigl1l All ordinances 01," pm1s of ordinances in conflict with tM provfllions of this ordinance ar~
hereby repeaJed. .
§ection 4 This ordinance sball ~e effective iO)l)ledJ.ately after th\!: adoption oocof.
11 ASSW AND ADOPTED this . l§"""f4 day of M ~ .2005
APPROVED;
J It &lading -3/1/05
2~ ailing-3/15/0S
E:\Comm Itoms\200S\3.1-<ls\DoVl:!.optuelll Agreemont Bank Or<idoo
COMMISSION VOTE:
.Mayo:r R;u~ll:
Vi~ MaYQr Palmer: "
Co:m.miGsioner Wisoom be:
CQmmimrl.onw: Birts.cooper:
CollllllissiOllet' Sh<mlJ'
4rl1
Yea
:Cea
Yea
Yea
Nay
8cok26203/Page1398 CFN#200B0104490 Page 19 of 22
................ , ......... "'" , •. " ............. , ............. ~ ................... ,..,." ..... """~,..~ __ ~ ____ "_H.~_ .. ___ .... _~ ..... "._ ...... "" ............ of -.•••• ,.,... .. ~.
" I
OlU>lNANCE NO. -1.~~OS-1 640
AN OlIDlN.A,NClC OF TBl!: J¥f,A)(OR AND ern: eOMMlSSION OF THE CI'l'Y OF soum
Ml.A.l\U, YLOlUDA AMlllNDING T11J!, IJEVELOPM:ENT AGR.EEMENT ADOPTED AS PART
OF ORDINANCE NO. 05-05-18l7 'Wmc:a Al'P:ROV,IID TJlE l)mr.gWPMENT AGREEMENT
FOR A lJNlFIED DEVELOPMENT PROJECT :KNOWN AS .IPROJECT S'(JNSETI~ LOCATED
GENEEALLY AT 5750 SUNSET DRIVE AND r,.EGALLY DESClUBED.AS LOTS 6 mRU 91 40
TERV 45,53 TRRU 66 INCLl1SIVE AND 'nm EAst 5{) F.\l:JilT orwl's 51 AND 52. OF W. A,
LAlUQNS 8WDlVlSION AOCOlU>lNG 7:0 'I'B.E 'PLAT 'I'.IlEJUOC))! m:COlillEJ) IN FLAT
nOOK 3 AT PAGE 11lS OF nm PUBLIC RECORDS 0, MI...4MI~D.ADE CO,UNTYj THE
PURPOSE OF ~ AMENDMllNT IS TO AtJTlIORl'ZE T:a:E ADMJNISTRATrON 'X'O
PROVIDE A SPEClF.[C .AM:ovm OF l>A.1U( A.Nl> OPEN SPACE CONct1R.R:ENCY
J!Al'MENT TO'TIIE CITY, AMENDING THE DATE FORPA"Y.Ml!Fl',AND ADJUSTING THE
PllASlNG OF nm DEVELOPMENTi )?:ROVlDlNG ]'OR SEVERABlLlTYI PROVIDING FOR
ORDn"fANCES IN CONFLICT; AN)) PROVIDING AN .EJrFEcn:v:E ;PATE
'W.flJUUM.S" the City Comntl.ss!OlI \lot its Ms.rrth 11 2005 special mOO'till.g approved.' spwia.!
except!onfl to pmnlt ''Proje~t Sunset", s. \l.tJ.I.5od m.lxed '!lie (kvolopment consisting of r¢slde)'1t;1aJ. officii!
md ret:ail uses gen ersUy located at 5750 Sunset !?rive; fIUd
WF.O:CJ.tEAS, the Cil,y CollUllission at ita March. 15, .2.005 . .meeting adopted OrdinllllO<> No. O~
05-1821 approving I\. DewlopmOll.t Agreement bm,woen 1he City and the dlweloper, the South Miami
. Corpo.ation for Projl'ct Sunsot; IIl1d .
WE1j!lUlJAS, SeotiOn 4 of the Development Agrec.ment entitled "Use. of Property" sets forth Il.
phasjpg schedule for the dcvclopmont of the projeclj lllJd
WlmR'lCAS. the Admilrl$tnltioo hils noW negotiated an Imlended pbusblg sohedule whioh ~hould
IedU~ the impact oftha deve1opm!lllt program on traffio Il.Ild p~ hl1he area; and .
. '
'WHEREAS, Section 5 (b) of the Developmellt Agreement enittled "Public Facilities Serving; th~
Frojeof' provld~D. n formula for deten/llnwg the amount and ti.m~g of a pule and open SPI1\l6 concurrenqy
payme.ttt ~ be made by tho dcvoloper·tcth~ City; IUId
W'HERElA.S1 the Administratlon bEls now negotiatoil a speolfio /UlIount and rev5aed. 'tlmtns Qf thil
park and oper. Spl\O~ conOUlTOll\)' payment to be made by the developer tQ the City; IUld
. W£IJ£l.Ut.A$, the ).31anning !sOlll'el ata sl'~tllllli.CetJng .Its May 10, ZOOS m~tlug after 1\ publio
hcurlng. adopted a. motion by a 'VPte of S aye 0 nlly recomm~ndmg a.pproval of the propos~d IImll'lldtnent
to the DtlveloprnWlt Agremnellt.
NOW t 'lmREFOR'Et BE n OlIDAINED BY THE MAYOR AND TIm CITY
COMMISSION OF 'I'IU: CITY OF SOtrrli MlAMII FLORIDA: .
l5!,cfion ~ ,Tb.at 6eotiOll 4 mti11ed (row of Property". of tbfl DevI,'Ilopment Agrc.ement betw~m th~ City
lind the SOltth MiIUl\! Col:yoratiou for l'rf>Joot S\m$¢t Il.dopted by Ordilmooe No. 05-05-1827 at. the March
15, 2005 City Commission meeti.r.l& ia h~rQby ~ended to readt
4. "The of Properly. 'l"be property descri'bc:d i.n E'lrhlb!t "A" It to be utilized for the project
descrlbQd. in. Exhibit «c": a roix«:d use r~sjd¢;!ltW., offioe /l.Ild retail projeot with a mldential U$O
Book26203JPage1399 CFN#20080 1 0449Q Page 20 of 22
. , ....... .-..... -----... , .......... -..--.... -y~-................... " ... --•••••.• " .... ,-............ ~ ........ _ ...... , '-M·_·'r' "_' __ ...... , .... , .. _ ,, __ .' •• _ .. _.~_,. ........ _ ......... ~"" ~" ... _ .... ' .~., .• ~ •• ",. __
6'rd. '~o, , 6-0S-H>40
I
2-
3 not to e"c~ 108 dwelling units on approximately 4.5 +/~ acres. The project will include
4 "chamfered" conters Whero it Rhuts roadway mter,sections plU'flU!illt to Exhibit "C". The occupied
5 space of the projoot wID Det exceed foW' stories or fifty six, (56) feet in hoight unless otherwi~e
6 permltt('.ci hy the South Miami oompreu.enllive plan or its land dcvWopmcnl regulatioml. The total of
7 occupied space of the project IIhnll )'lot 1iXtlee(!. fout stories. Non~)cd spa(le shfdllJot exceed a
8 maximum hoight of fifty six feet. Th~ project sJ»lU be built in two phll&l.m Il$ follows:
9 • Phase I shall conlli$t ofBlooks "Alt and ~!Ie descdbed in Exhibit "C".
1 0 • Phase I1ahall COPJlIst ofBlock~ ~ described in Bxbibit I'C".
tl • De COlJ1l!anY mil): elect"to impiemsnt tlfe development pl!!.n in~ ,
lZ ebastt
13 • 'rhe Cowpany ~p~ elect to 1fl;iUi;~ Block ,"ell an a templ2!!!..:r:Y. bal!li
14 f!sIY~ with d.rfve:throug~ lllBe~ !,l!tl 10 exceed (su.r: IJ!D<!-s) whi~
1 S !asUlty §haI'J he: tllwgved MPOD the issuanoe of the ~ertificate of
16 Qceupancy for the BA:qJ< (ae!Uty on Block "~".
17
18 The ove!I"a11 dwelopment of the pro:p~rty shall be conducted in accordance with the
19 approved site plan on file at the City, (at:taehed and incorpora.ted as Exhibit "C")
20 inclu4iJ;.ig elevutlons. arcbitectural featurce and estimated commercial sqmu'e footage
21 P~ll'suant to Sectiou20.3.·7, of the LOC." .
22
Z3 ~p,n 2 .Tha.t Section 5(b) entitled "Puhllc. Facilitle$ Serving the Project" of the Devolopwf.Wt
24 Agreeanent between the City and the South Mi~nrl (',.orporation for :P~ Sunnet adopted 1:>y Ordinance
25 No. OS..()S¥ 182? ,at the M.arcb 1.5, 200S City Commission meeting, is hereby lUlIended to read:.
26
27 S, r~'Publle Facilities Serving the Project
28
29 * .. 'it '*"'*
30 p) P!ltJg: eng ~QD
31 Based on the projected residential populatIon on the Property, Company I:Igrees l;a 'flay r~
32 jl1eviee .g iHi'8i! efle;,tll lfli"~ tEl ~ City ~a I'M"\) ~m-lt, ~&ti"'Il) the Ce~
)3 tllily ,l!'a't4ili ~ "W~8fitIM PWletlilfl\" 1I~i9 ea ~~~ saletl ]tlt8f.l 9' nl;l~~.~' in
34 ~"t)I ~w *,1) l~tY"l'l!flte geftipaij~,ae'Ili).filli" ahal*,\'l~~ ill ~j&J ~dnfer ~ea:4ifi!
)5 aft 8~.l.mpI.'e·lem~1'8fk _Ii f8~matl#tfle m Q\i Gl!t,; ~ ~.a8:H ee ffiaoH
36 ~ .fijmp fl. eft er40f9pe-e ~erikSeM ef \fae' .Ii I Qeeu'~lI {JI'flBt€li. 4'&, ,theoo-R~
37 f'il6~et~~$ !fie Pf'II:fI8l"t;'r.!O d()nat~ ma.9QO 1lu.pth'l!1p stim as i~$ nswl!1&llJ~
38 1l,1eo!fng paJ'lli e.nd rt£:rAAt1~ ~()ncurt!m~' Fal!lnont snall be made o~l?n resce1ut oj
39 the :tirst ~uildIng permit rold shan Include any inMs~ or c!tmng cQs, incurred by tile
40 Cit;: ,mtilreonipt Qf the p@.y!!!ent. ~~ •
4)
4:2-
43 S~tion 3" ll'iUlY section, oIa~ sentence, or phrase of this ordItlJUlCII is for wy reason held invali d Of
44 uuQOnstiMional by fl court of competent Jurisdiction, thls holding shall not affect the validity of the
45 nmlilinillg portions of this ordiD!U'ICe.
46
47 SecQt>D '.1 All ordinan~~ or parts of ordins:nres l;Q QO!l£lict with the provisions of this ordioanl;',e are
48 hereby repealed.
49
Book26203/Page1400 CFN#20Qa0104490 Page 21 of 22
-----.. -,--~-,-~-, .. , .. " .... , ,,, .. -,,~ ... ' ., ......... -......... "., ...
· . , ..
No. 1 a-05~' 840
PASSEDAlIDADOpnnHhis.11""1lt da:)'of ~.200S
ATTEST: APFROVED:
~~G.~
lit Reading-6/7/05
Z1Ul lMIadlng-6/14 / 0 5
REIl~~~~W...p AS TO FORM:
COMMISSION YOm:
MIlYor Russoll:
Vico Mayor Pillnum
Conunfsdone4' WlGoombe>1
COlUIllissioner Bhts~Coop~r:
Comxniuiooer Shern:r
New wording u'I1de.rlinea,' wording to Of! r~moved tndlcat~rl b)l sfrlJr.ethrough
4 .. 0
Ye~
absent
'{$~
Yea
Yea
Book26203/Page140 1 CFN#20080104490 Page 22 of 22
L!GAL DESCEUP'r:tON
Lots,6, 7/ 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
5i, 58, 59, 60, 61, 62, 63, 64, 65, 66, and the ea.st 50
feet of Lots 51 and 52 of W.A. Larkins Subdivision
according to the plat thereof recorded in ~lat Book 3 at
Paqe 198 of the Public Records of Miami-Dade County,'
Florida.
..' .. \
, ., I
.. ,' ...
EXHIBIT "A"
.-
ORDINANCE NO. 05-05-1827
.~N ORDINANCE OF THE MAYOR AND CITY COMMlSSION OF THE CITY
QF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENJ
PURSUANT TO FLORIDA STATE STATUE 163.3221. FOR A UNfFIf,D
DEVELOPMENT PROJECT KNOWN AS "PROJECf SUNSET" WHlCH WILL
INCLUDE THREE BUILDINGS UP TO FOUR (4) STORrES IN HEIGHT AND
THE FOLLOWING USES: 108 MVLTI-FAlillLY RESIDENTIAL UNITS,
RETAn., USES, OFFICE USES, RESTAURANTS! BANK .AND PAR.lGNG
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 TBRU 9, 40 THRU 45,53
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 19~ OF THE PUBLIC RECORDS OF
M1AMI-DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLIcr; .Al\'U PROVIDING AN EFFECTIVE DATE
\VHEREAS, in 2005 the South Miami Corporation is requesting approval ·of a Development
Agreement for a 4.5 acre proposed unified development (0 be called "Project Sunset" which will include
a total of 108 dwelling units and 87.212 square feet ofcori:unercial space on property located generaDy
at 5750 Sunset Drive lU1d legally dc-.scribed as Lots (j tbru 9,40 tbm 45, 53 thm 66 inclusive nnd the enst
50 feet of Lots 5] and 52 ofW, A Larkins sutxliviston according to the pJat th~reof recorded in plat book
3 at page 198 of the public records of Miami-Dade Couuty i and
~
. WHEREAS, the City Commission at its March I, 2005 meeting adopted a resolution allowing
two special exceptions and adoptod a speci.al use resolution permitting the location of four restaurants in
the unified development; and
'\-Y1IEREAS, the Florida Local Government'Development Agreement Act, set forth in sections
163.3220· 1 63 .3243, Florida Statutes, provides for the execution of development agreements to insure that
the law n.nd regulations in effect at the time of the execution of the development agreement shall govern
the development ofthc land fonbc durntion of the !1grcement; and
WHEREAS, the South Miaro.i Corpol1ltion has proposed the execution of a development
agreement with the City of South Miami pertai.n.i.ng to tho mixed use project entitled "Project Sunset"
which agrev-ment would set fort.~ ail of the conditions and ccmmibnents required by the City resulting
from the approval of the spcciul exception and special use requests; and
'WEIEREAS, the Planning Board nt a meeting 011 February 22, 2005 after a public bearing.
adopted a motion by a vote of 4 aye 1 nay reoommending 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 Planning Board.
NOW, THEREFORE, BE IT ORDAll'-.'ED BY THE J\1.AYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTB.' MIAMI, FLORIDA.:
Section 1 That a Development Agreemen~ attached as Exhibi1 "AU I\~ amended' dy.rjng \be
Mgeh 15, 2QQS public hearing, and dated March 15, :2 005 between til.; City
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 -include It total of lOS dwtlling units and
87,212 square feet of commercial space on property located generally at 5750 Sun&et Drive and legally
descn'bed as Lots 6 thru 9, 40 thru 45, 53 thru 65 inclu.sive and the east 50 feet of Lots 51 and 52 of W,
A. Larkins subdivision according to the plat th=reof recorded in Plat Book 3 at page 198 of the public
records ofMiam.i~D!lde COWlty is approved. .
Sectlonl If any section, olause. sentence, or 'Phrase ofthls ordlnance is for any reason held invalid or
unconstitutional by a oourt of ocmpetentjurisdiction. this holding shaU not affect the validity of the
remaining portions of this ordinance.
. .
Section~ All orclinMces or parts of ordine.nces in conflict with the provisions of this ordinanoe are
hereby repealed. .
Section 4 nus ordin2.Ilce shall be effective immediately after the adoption hereof.
P.A.SSED AND ADOPTED this (S-~ day of 1"v1~, 200S
A TIEST: ..A.PPROVED:
~a.:.a~ '-27LYcd!&u \errlfCLERK ~;:;r ~I
111 Reading -3 /' ! 0 5
2><l ading -3/15/05
COMMISSION VOTE: 4-1
Mayor Russell: Yea
Vioe Mayor Palmer: Yea
Commissioner Wiscombe: Yea
Commissioner Birts-Cooper: Ye a
Commissioner Sherar Nay
Jx. tacbrnent: Exhlbit"A" Development Agreement
E:\Cornm 11em~\2005\3-1-05\DeveioplIlent Agreement Bank Ord.doc
t, '\
Ord. No. 18-05-1840
, , ,
Section 5 This ordinance shall be effeotive immediately after the adoption hereof.
\: .
.I
l' PASSED AND ADOPTED this '11-u.. day of .~ .2005
ATTEST: APPROVED:
Qr)Q,.;.. GL ~
CITY CLERK ~
111 Reading -6/7 I 0 5
2nd Reading -6/14 / 05
COMMISSION VOTE:
~VEDAS rOFORM L26=~ ~ ..
,./ TY A TIORNEY
,'/
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wisccmbe:
Commissioner Birts..cooper:
Commissioner Shernr
New wording underlined: wording to be remove.d indicated by strikethrough
\\MCQRUFNJ..ANND>lOICOI:l1TllttmS\2005\6-7.05\Development Ag!'=/lnt Project Sun.lel Ord,(\OC
3
4-0
Yea
al:>sent
Yea
Yea
Yea
I-
l..l-
«
~
·0
.. , ..
I
I
u"~w..'
~rrj-F-ri: ~ I f 11 'I J. i ~ IP I ! I I ~ I:
l.,..-L.I1 ~ I ~ .. L~ ! tt....
•• f(t'..!~ ••
EXHIBIT tiC"
I
jh,
. Q II .~ :i ···~iJ
..:. +.J
·fr ~
~
~ en
~
!.
"
1111111:11111111111111111111111111111111111111
CFN 20~3R0155608
Or.:e,k 28507 F'l1li 0870 -887i (18tll:ls~
RECORDED 0/./27 10;.\-7=26 .
H?l[iVn RI;JVHh OF COURT
I'1XAMI'-OADE OA
AMENPEDDEVELQpMENTAGBEEMENT
BETWEEN ,
THE CITY OF SOUTH MIAMI. FLORIDA
AND SOUTH MIAMI CORPORATION
THIS AMENDED DEVELOPMENT AGREEMENT ("Agreement") is made as of on
/374 day of -1-...el--. 2013 by and between the CITY OF SOUTH MIAMI) FLORIDA a
municipal corporation ("City") and SOUTH MIAMI CORPORATION ('tCompany") or its assignee.
RECITALS
WHEREAS, the City C?ommission of the City of South Miami adopted Ordinance No. 05-05-
1827 (attached as Exhibit "Bot)which implemented the Florida Local Government Development
Agreement Act("the Act") and permits the consideration and the adoption of this agr.eement; and
WHEREAS, the Company owns approximately 4·.5+1-acres, zoned HD~OV, described in
Exhibit "A, II (the "Property"); and
WHEREAS, the Company desires to construct a mixed use development enc0mpass~g retail,
office and residential components (the "Project') described .in site plan on file with the City in the
Hometown District Overlay Zone within the City of South Miami.
WIiEREAS, the City has concerns regarding the original DeveI<:>pment Agreement that was
dated March 15.2005. fully executed <:>n 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't 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!! l'/...)
\ , .' -~i~ ... ;~·
WHEREAS, the Florida Local Government Development Agreement Aat. sections 163.3220-
163.3243, Florida Statutes, (the" Act tl
), in effect on the date oftheCity passed and adopted aresolution
agreeing on the terms of the origina:J Development Agreement, provided for the execution of
development agreements for a term not to exceed ten (1'0) 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 followingcQvenants,
teons and conditions the receipt and sufficiency of which are expressly acknowledged, the City and
Company covenant and agree as follows:
1. IncorporatioD of Recitals. The reoitalsset forth above are true and oom~ct and
are incorporated herein by this reference.
2. Property. The Company owns the property as described in Exhibit "N. 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 "0",
3. Effective Date; Duration of Agreement. This Agreement shall be effective as
of June 14, 2005 (the ItEffective 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 fl:om the Effective Date of this Agreement, unless
otherwise extended or tenninated as provided for herein or in the act. The maximum period of this
agreement shall be ten (10) years ITom the Effective Date unless extended by mutual consent of aU
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 UN 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 witb. the City. The occupied space ofthe 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 projectshaU not exceed four stories. Non,occupied
space shall not exceed a maximum height of fifty six feet The project shall be buHt in two phases as
follows:
• Phase I shall consist of Blocks l1A" and"B" described in Exhibit "C", .
MIAMI 3293183.3 76813/29325 2
I I'
I
• Phase II shall consist of Block nc" described In Exhibit "C" .
'. The Company may elect to implement the development plan in one phase.
• The Company may elect to utilize Block flC" 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 oftbe fIrst building permit and shall include any interest or carrying
cost incurred by the City until receipt of the payment.
(c) Sanitary Sewers
Water and Sewer services that comply with all requirements of Miami-Dade County for any
building prior to issuance of a final Certificate of Use and Occupancy.
(d) Solid Waste
Solid Waste services that comply with all requirements of Miami-Dade County for any
building prior to issuance of a final Certificate of Use and Occupancy.
(e) Schools
The Company commits to pay upon the issuance of the initial certificate .of occupancy any
requir(;d Miami-Dade County School Board school impact fees.
6. Concurrency. The City of South Miami has determined that the Company's
perfonnance 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
I
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!
"
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 pennit four drive-through teller lanes within the site.
(b) Special Exception to provide 72.2% +/·lot coverage.
(c) Special Use permit to pennit 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 pennits for the project
(c) The Company shall develop the project ill conformance with the parameters set forth
in this agreement.
Cd) All development shall be in accord with the site plan submitted with the special
exception and special use applicatiolls, said site plan on file with the City.
(e) The Company shall provide the Department of Planning with a temporary parking
plan, inoluding 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 penn its 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 metel'ed parking
spaces adjacent to the Property whicll it occupies or uses during the constmction 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 Mianli. This money shall
be donated to the City, prior to the issuance of its first building perm it.
MIAMI 3293183.376813/29325 4
),
I
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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
HMixed-Use CommerciallResidential (Four Story)1' designation on the future land use map, and the
HD-OVzoning 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, ordinanoes, codes and policies in existenoeon June
14, 200S 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 01' restriction shall notrel1eve the Company of the necessity of complying with the law
governing said permitting reqUirements, conditions, terms orrestrictioDs.
11. Permits, Conditions, Terms and RestrictiQDS not Addressed. The failure of
this agreement to address a particular permit, condition, ternl or restriction shall not relieve the
Company or the city of the necessity of complying with the law governing said permitting
requirements, oonditions, 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 ordinanoes, 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
ofthe 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 terminated by mutual written consent of
the city and Company, subject to the terms and conditions herein. Either party may terminate this
MIAMI 3293183.376813/29325 5
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Agreement if the other party commits or allows to be committed any material bre,ach of this
Agreement. A "material breach" of this Agreement shall incilude, but not be limited to" a failure of
either pruty to perform any material duty or obligation on its part for any thirty (30) consecutive day
period. Neither party may tenninate 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 IINotice 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 preced'ing 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 Foree. 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 Propelty, or (3) proposals for leasing of retail space
or employment opportunities associated with retail space located on the J>roperty.
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 ate for convenience only and shall
not be used to construe or interpret this Agreement.
20. Applicable IJaws, 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
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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 Com.pany therefore understands and agrees that atly 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 oomplies wIth 'applicable laws including 'but not limited to
building and zoning regulations and thecollditions herein.
23. Authorization to Withhold Permits and Inspections. In the event the
Company is obligated to make payments Qf 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 0)' 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 repr~sents 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 a})proval by Company .
(b) This Agreement bas been properly executed, and constitutes Company's legal, valid
and binding obligations, enforceable against Company in accordance with its terms.
(0) 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 notaot in ~l1Y 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 allactiol1s necessary to ensure that this Agreement shall remain tn full force and .effect at all
times.
(e) Company has the financial capacity to payor advance to the City aU 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 lUly such breach or any
subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, telm, or
condition of this Agreement a~d no breach thereof shall be waived, altered or modified except by
written instmment. 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 ex.isting or subsequentbl'each 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
annualIy on the anniversary of the Effective Date ofthis Agreement. The Company, OJ' its assign, shall
submit an annual report at least 30 days prior to the-annual review date following the first AIUlual report
submitted in 2012 which slu,U he filed 30 days following the execution of this Amended Development
Agreement, if not already submitted. AU annual reports shall contain a section-by-section list!ngof
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 shaH conclude upon the date on which the agreement is
tenninated.
MIAMI 3293183.3 76813/29325 8
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28.
following:
Notices. Any notices or reports required by this Agreement shall be sent to the
For the City:
Copy to:
For the Company:
Copy to:
City Manager
City of South Mlami6130 Sunset Drive
South Miami, Florida 33143
Planning Director
Planning and .Zoning Department
City of South Miami
6130 Sunset Drive
South Miami. Florida 33143
South Miruni Corporation
Attn: Bruce W. MacArthur,
Chainnan of the Board
5750 Sunset Driv.e
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. Exhibits. All exhibits attached hereto contain additional tenus 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, applioable city
ordinances and Florida law.
31. Enth'e 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 hav.e been made
orally or in writing. Eaoh party affirmativoly represents that no promises have been made to that party
MIAMI 3293183.376813/29325 9
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that al'e 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 ev.idence 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 bya 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 oth.er than the authorized successors and
assigns of the parties hereto,
33. Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shall fall ona Saturday~Sunday or legal
holiday, 'then in such event said date shall be extended to the next day which is nota Saturday, Sunday
or Jegal 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 oonstitute 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 Cityls expense in the registry of deeds in Miami~Dade
County.
36. Abandonment of Right-or-Way. The City agrees to abandon the l'ight-of-way
adjacent to the property to the buildable line. The Compan,), 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 easemelltshall provide the City with clearance as
provided in the Hometown Overlay District in the Land Development Code (10-feet minimum).
PASSED AND DULY ADOPTED by the ChyCommissionofSouth Miami, Florida,
this 4th day of December, 2012.
MANAGER
ATED: *2 -rJ-I J
MIAMI 3293183.376813/29325 10
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AGREED TO this /3 dayof\~ ,2012. «
Witnesses:
L IV p@, /rJ. D/Z1:.1{h):ia.{J
Print Name
(/V I.!T1tI A= )( . 8~ U'PY-
Print Name
STATE OF ILLINOIS )
)S8:
COUNTYOFCOOK __ _ )
\ SOUT~ MIAMI CORPORATION
.. ,,,\:~ .. ".'" ", .r'''-"'~~' ,"-""~,'-~~'"
, resident
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The foregoing instrument was acknowledged befor:~ me this I ~ j I~ day of DE~ E 'K\@;,'IE"~012, by 'w, lZ..~~'LWI.:\.,"-IJ\.~'\HefShe.is personally known to me or
produced as identifioation,
My Commission Expires:
OFFICIAL SEAl.
CYNTHIA E KRCH
NOTARVPUBUO. STATe OF ILLINOIS
MY COMMISSION EXPIRES 0!II2SIE016
MJAM13293183.376813/2!>32S
Sign Name: t~~CI (, \~--J~
Print Name: L-3lf(~).'{4 ,~ . tC~4-\
NOTARY PUBLIC
Serial No. (none, ifblank): ______ _
[NOTARIAL SEAL]
11
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Lots,6, 7, B, 9, 40, 41, 42,43, 44, 45, 53, 54, 55,56,·
Sit sa, 59, 60, 61,62, 63, 64, 65, 66, a.nd the east SO
feet of Lots Sl a.nd 52 ofW .A. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of tne Public Reoords of Miami-Dade County,'
Flodda.
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EXHIBITIPA" ..
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ORDINANCE NO. 05·05 .. 1627
.W ORDINANCE OF THE MAYOR AND CITYCOMMXSSION OF THE CITY
, qF SOUTa MIAMIt FLORIDA ADOPTING A DEVltLOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3121. FOR A TJNIFIV:D
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL
'lNCL1JDE THREE BUILDINGS UP TO FOUR (4) STOlU'ES IN HEIGHT AND
THE FOLLOWING lJSES: 108 MULTI-FAMILY RESIDENTIAL UNITS,
RETAIL DSES, OFFICE 'OSES. RESTAtJRANTS 1 BANK AND PA.RKING
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED' AS ,LOTS 6 TIIRU 9, 40 THRU 45, ,53
THRU 66 INCLUSIVE AND THE EAST SO FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDMsrON ACCORDING TO TRE PLAT THEll.EOF
RECORDED IN PLAT BOOK:5 AT PAGE 19~ OF TIm PUBLIC ltECORDS OF
MlAMl .. DAOE COUNTY; PROVIDING FO'R.SEVERABILITYi PROVIDING
FOR OlU>INANCES IN CONFLlcr; ANDPROVIDtNG AN EFFECTIVE DATE
WREREAS, in 2005 the South MiamI. Corporation is requesting approval 'of a Development
Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" wruch will 'include
a total of 108 dWelling units and 87,212 square feet of corImmrcial space on property located genemJJy
at 5750 Sunset Drive and legally desenbed. as Lots 6thru 9, 40 tluu 45. 53thru 66 inclusive nnd the el.lSt
50 feet of Lots 51 and 52 cfW, A. Larldns subdivisLon according to the plat th.ereofrooordedin plat b~ok
3 at page 198 of the pubUc record$ of Miami· Dade County; and
<t-
. w:aEREAS, the City Commission at its March 1,2005 meeting adopted a resolution allowing
two special exceptions and adopted a special use resolution pennitting the location 0 ffour restaurants in
the unifieddcvelopmenlj and
WHEREAS, the Florlda Local Government . Dcvelopment Agreement Act, sef forthinsectioos
163.3220·!63.3Z43, Florida Statutes, provides for the execution ofdevelopll1entll,greemeuts to insure that
the law and regulations In effect at the time of the execution of the development agreement shall govern
the development of the llUU1 f'onbe.duratioo of the "'gl'oomenti and
WHEREAS, the South Miami Corporation has proposed the exeeu.tlon of a development
agreement with the City of South Miami pertalr.ing to tho mixed use project entitled "Project Sunset tt
whioh agreement would set forth all of the conditions and. ootlllllitments required by the City tesulting
from the approval of tlle special exception and special 'use requests; and
'\\rs:EREAS, the Pltuming. Board at a meeting on February 22, 2005 after a public bearing,
adopted a motion bya VO~ of 4 aye 1 nay recmnrneoding approval of the proposed Development
Agreement subject to specific revisions and conditlons, which have been included in the draft agreement;
and
'WHEREAS1 the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planrring Board.
NOW, THEREFORE, BE IT ORDAINED BY THE M,.t..YOR AND TBECITY
COMMISSION OF THE ClTI.' OF SOUTII~ FLORIDA:
Sectiol:! 1 TI!at a Development Agreement, attached as Ewbit "A" as amended' duripg the
Marol1 l.~, 2QQS pubUc hearinl!. and dated March 15 f 2Q05 ~etween !h~ Ciiy
of South ~arni, Florida, and the South M.iamiCorporation pertaining toa 4.5 acre proposed
EXHIBIT tlB"
I
"6rd. No. 05-05-1621
unified development to 'be caUed "Projeot Sunset" wb.\ch will iJ:leiude a total of lOS dwdlinguniu and
87,212 square feet of commeroial space on property looatedieneta11y at 5750 Sunset Drive and 1eStIly
descnOed as Lots 6 thru 9, 40 thru 45, S3 tbru 65 inolusive md the .east SO feet of Lots 51 and. 52 of W,
A, LarkinssUbdiviston according to the plat thereof recorded in Plat Book 3 at page 198 of the public
recor<h ofMiaml"Pflo" COUllty iii llPproved. .
Section Z If any section. olause, sentence, or 'Phrase aftbis ordinance is for any reason h.eld invalid or
unconstitutional by a courtofcompetentjurisdiotion, this holding sha1hot:a:ffeet the validity of the
remaining portions of this ordinance.
. '
Seetion 3 All ordinances or pllrtS of ordinances in confliot With. th~ provisiOllS of this ordinance are
hereby repealed. .
Section 4 This ordimmce shallbe effective immediately after the a(l.optionhe;reof.
PASSED AND ADOPTED this
A'I"'I'EST;
lfi~. day of M~, 2005
jJ)PROVED:
~~a nAA_1A_O_ 'ei1CLERKI'~
111 Reading -3 / 1 / 0 5
2M eading-3/15 /05
hm~t: 'Exhibit"A" Development Agreement
E:\Cotmn l1e)ll.~\2005\3 ·l.OS\Deve1opment Agreelllellt Bank OrQ;do~
COMMISSION VOTE: 4-1
Mayor Russell: Yea
Viol> May.or Palmer: .. Yea
CoItlIl1issioner Wiscombe: Yea
COmmis:noner Birts-Cooper: ¥ e a
COmnUssiener Sherat' Nay
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Ord. No. 18-05 .. 1840
S6ction 5 Thls ordinari.ce shall be'cffcotive un:nediatelY after the adoption hereof •
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ArrEST: Al'PROVED:
ar)~(1~
CrrYCLERK ~
1" Reading -6/7 I 0 5
2" ~a.d!.ng -5/' 41 0 5
COMMISSION VOr.:B:
Mayor Russell:
Vice Mayor Palmer:
CollUllissioner WiscolIl.be:
Commissioner Birts..coopor:
Commissioner Sherar
New wording underlined: wording (0 be removed tndioated by strikethrough
3
4-0
Yea.
absent
Yea
~ea
Yea
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-0
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EXHIBIT "C"
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20wS.14 .. Certificates of occupancy.
(A}Cortifioate Required. No land shall be used or occupied and no structure shall be altered,
erected, moved, used or changed until a certlflcate of occupancy has been Issued by the
building and zoning department stating that the structure or usecompltes with this Code and
the Building Code.
(8) Prooedures.
(1) A certificate of occupancy shall be Issued only after construction has been completed
and finallnspeotions have been conducted and approved.
(2) A certificate of occupancy shall be Issued within ten (10) working days after
completion of construction of s\Jch structure. subject to;
(a) Inspection by the building official to de\ermlne compllanoe with all applloable
provisions of this Cods; and
(b) Compliance with the Building Code end ali other applloable regulations.
(3~ In the event of a question concerning the legality of a use, lhe director may require
affidavits and such other Information as deemed neoessary before Issuance of a
certificate of occupancy.
(4) A reoord of all certificates of occupancy shall be kept on file In the building and zoning
department.
EXHIBIT liD"
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20·7.30· Unity of Title required.
(A) A Unity ofTllle, as setforth In Seotlon 20~5,16, Is required for all platted lots In any
development projeot 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 whloh Is generating the required parking.
(Oro. No. 23-99-1a97. § 4. 1H~99; Oro. No. O~·07·1906,§ 1, 2-2()..07; Oro. No.25-10-20~.O, § 2, 9-7-10)
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20·5.14. Certificates of occupancy.
(A) Certifioate 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.
(9) 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 complianoe 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 cOl1ooming the legality of a use, the director may require
affidavits and such other information as deemed necessary before Issuance of a
certificate of OCCU pancy.
(4) A record of all certificates of occupancy shall be kept on file in the building and zoning
department.
EXHIBIT"D"
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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 generatlng the required parking.
(0 rd. No. 23-99-1597. § 4.11·15-99; Orc!, No. 05-07-1906, § 1, 2-20-07; Oro. No. 25-10-2050, § 2.9-7-10)
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