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Res. No. 021-01-11169RESOLUTION NO.21-01-11169 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTS;APPROVING A SETTLEMENT AGREEMENT WITH HARDEE ROAD CORPORATION REGARDING PROPERTY LOCATED AT6400S.W.62 AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS,theMayorandCityCommission of theCity of SouthMiami initiatedanamendmenttotheLandDevelopmentRegulationstoeliminategas stationuseasanauthorizedspecialusein NR—Neighborhood Retailzoning districts;and, WHEREAS,HardeeRoadCorporation,theowner,soughtacertificate of occupancy foragas station useon property located at 6400 S.W.62 Avenue while the amendment to the LDRs was pending;and, WHEREAS,the owner advisedtheCitythatit would takelegal action if necessary to enforce its right to improve the existing gas station andto continue to use the property forgas station use;and, WHEREAS,theCityAttorneyissuedawritten opinion thatalawfulgas station use of the property,which becomes a nonconforming use because of a change is zoning regulations,is entitled to continued protection asa constitutional vested right that "runs with the land"(is transferable toa new owner)and is not lost dueto change of ownership or eviction of tenants;and, WHEREAS,the owner andthe City negotiated in good faith to resolve their differences regarding theuse of the property,andthe owner agreed,among other things,to eliminate autorepair,limit hours of operation,enhance landscaping andlighting,maintainvideosurveillance,contribute $5,000 for landscaping inthe vicinity of the property,comply with environmental monitoring and compliance requirements,andtohire residents of the City;and, WHEREAS,the owner has agreed tofilean application with the City for approval of a landscaping-light plan notlaterthan February 28,2001;and, WHEREAS,the Mayor and City Commission desire to approve the settlement agreement as being inthebest interest of the City of South Miami. Additions shown by underlining and deletions shown by overstriking. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA; Section 1.Thesettlementagreement,datedJanuary 18,2001,whichis annexedtothisresolution,isapprovedandtheCityAttorneyisauthorizedto execute anddeliverthe agreement.In furtherance ofapurpose of the agreement toallowforthe improvement ofthe property toamodern,landscaped,secure facility,theCitywill refrain from scheduling thesecondreadingand final approval ofan amendment tothe land development regulations to eliminate gas stations asa special useinNR districts until March 6,2001. Section2.Thisresolutionshalltakeeffectimmediatelyuponapproval. PASSED AND ADOPTED this _6th_day of February 2001. ATTEST:APPROVED: CITY CLERK ff MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE:5-0 Mayor Robaina:Yea Vice Mayor Feliu:Yea Commissioner Wiscombe:Yea Commissioner Bethel:Yea Commissioner Russell:Yea /g,fe/V^ CITY ATTORNEY WDell 6100\Documents\City of South Miami\0022-001\8376.doc Page 2 of 2 Res.No.21-01-11169 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:MayorandCity Comm'n.Date:January 23,2001 From:EarlG.Gallop,CityAttorney J^y/.Re:Resolutionapprovingsettlement agreement/prop SW 62 Avenue L^"agreement/propertylocatedat6400 ts Subject:A resolution relatingtotheuseand improvement of agas station and convenience store at 6400 SW 62 Avenue. Discussion:The settlement agreementistheproduct of negotiations between the property owner,Hardee Road Corporation,andtheCity that began last year when the City undertook theprocessto amend theland development regulations to eliminate gas stations asa special usein NR—Neighborhood Residential zoningdistricts.The agreement provides fortotally eliminatingautorepair,limitingthehours of operation,enhancing landscaping andlighting, maintaining video surveillance,contributing $5,000 for landscaping inthe vicinity of the property,complying with environmental monitoring and compliance requirements,and hiringresidents of theCity.The agreement isinthepublic interest in light of (1)the benefits totheCityand(2)the City Attorney's opinion thatthe owner hasa constitutionally protected vested righttothe continued use of the property forgas station use;andithas not evidenced an intent to abandon theuseandtheCity advised ittonot apply for building permits while the zoning amendment was pending. Recommendation:Approve the resolution. LAW OFFICES SHUBIN&BASS PROFESSIONAL ASSOCIATION Via Facsimile Transmission and U.S.Mail January 18,2001 EarlGallop,Esq. City Attorney City of South Miami 3225 Aviation Avenue Suite 301 Miami,FL 33133-4741 Re:6400 S.W.62 Avenue;Confidential Settlement Related Correspondence WhichShallNotBe Used ForAny Other Purpose Or Introduced In Any Proceeding Dear Earl: This letter will serve to communicate and confirm the settlement offer presented totheCityofSouthMiami by bothHardeeRoad Corp.andthe contract vendee ofthe above-referenced property (collectively,the "property owner"). Underthetermsofthesettlement offer,thepropertyownershall agree as follows: 1)Nocarrepairorotherautomotive work,includingbutnotlimited to, routine maintenance orthe selling of automobile parts,shall occur on the premises. 2)Thehoursof operation ofthebusiness,whichshallbeforthesaleof gasolineformotorvehiclesandtheoperationofa convenience store only,shallbefrom6:00a.m.-11:59p.m. 3)A reasonable and customary landscaping-lighting plan,in accordance withallCityand Miami-Dade County requirements,shall besubmitted forreviewandapprovalbyCity staff. 4)There shall be installed an operating surveillance camera system inside the convenience store,such system commensurate withthesizeofthe property,witha 24-hour policecontact number.Thissystem shall be part ofthe landscaping-lighting plantobe approved byCity staff. 5)A contribution of $5,000 shall be made to the construction ofa landscapingbarrier for theareaborderingthe business. 6)Thestationowner/operatorshallexerciseallbesteffortsinthe hiring ofSouth Miami residents for all full-time and part-time employment positions forthe business.In the event that no South Miami residents are employed within thirty (30)days from the MIAMI TAMPA 46S.W.1stStreet.3rd Floor,Miami,Florida33130707FloridaAvenue,Tampa,Florida33602 Ph:305*381*6060 Fjc 305*381*9457 Ph:813*223*4785 Fx:813*223*4787 commencement of business operations and also remain employed for at least one year from thedateofhire,the owner/operator shall contribute the amount of$2,500to any City or CRA job placement program.Additionally,within 6 months of the date ofhire,the resident employee shallbe trained forthe position ofmanager. 7}All federal,state,and local environmental requirements shall be observed,and the City shall be given copies of all reports or correspondence issued byanyagency,including DERM,within 3 business days of receipt by the owner of the property,which shall be presumed tobe within five (5)daysof issuance by DERM.The City reserves the right to require,atthe owner/operator's sole cost,individual monitoring and testing upon the occurrence ofa verifiable incident involving the property,in accordance with the standards of the Petroleum Liability Insurance Program. In exchange,the City of South Miami shall: 1)Process andissueallpermits,including a Certificate ofOccupancy, which are necessary to permit a gas station and convenience store on the property.*•*Moreover,itis expressly acknowledged and understood by the City of South Miami thatthe monetary obligations referenced above shall not be due and owing to the City of South Miami until appropriate permits allowing the remodeling ofthegas station and convenience store have been applied for and received by the property owner. Please note that this letter is protected communication between the parties until such timeasitis approved and agreed to by the undersigned and once executed by both parties its contents will be made part of the public records at the City of South Miami. Sincerely, Hardee Road Corporation By:William Eagan, Vice President City of South Miami By:Earl Gallop,Esq City Attorney cc:John Dellagloria,Esq, John K.Shubin For the Firm Owner By:Oswaldo Quintana \J $*>/e*j 4?jAc £>*Ji>9+*-d*,t-fa f%+**e.*c*Jv.f-1 <W>y*/<2L4./**S**r~7-J^jl^C*,sjL**,^ «*•/•'*4^***** SHUBIN &BASS,RA.