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Res No 145-96-9899RESOLUTION NO, 145 -96 -9899 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 70 -95 -9619, WHICH APPROVED A SPECIAL EXCEPTION FOR THE BAKERY CENTRE REDEVELOPMENT PROJECT; WAIVING A REQUIREMENT OF SUB- SECTION 18 OF SECTION 3 OF THE RESOLUTION PROVIDING FOR ONE HOUR OF FREE PARKING; ACCEPTING $400,000.00 FROM THE DEVELOPER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 2, 1995, the City Commission voted to adopt Resolution No. 70 -95 -9619 which approved a Special Exception for the site previously known as the Bakery Center and is now known as the Shops at Sunset Place; and, WHEREAS, the Resolution, under sub - section 18 of Section 3, requires as a condition of approval the following: 18. Establish on -site parking policies and charges for parking facilities. The first full hour of parking shall be free to all users regardless of their destination. The applicant shall extend the same parking price benefits provided to project tenants to all of the Red /Sunset area merchants and their customers. The policies shall be subject to the approval of the City Manager. and, WHEREAS, sub - section 31 of the Resolution empowers the City Manager to require further review by the City Commission of any material change to the plans, specifications, terms or conditions of the Resolution; and, WHEREAS, the applicant requested the City Manager to consider elimination of free parking as a condition; and, WHEREAS, the City Manager referred the applicant's request to the City Commission for further review and action; and, WHEREAS, the City Commission finds it is in the public interest to waive the requirement of the Resolution providing for one hour of free parking, in exchange for receipt of payment by the developer of $400,000.00, which shall be received by the City Manager for use by the City for downtown improvements. Adopted August 6, 1996 One -hour Parking Resolution Page 4 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission accepts the offer of Bakery Associates, Ltd. to pay $400,000 to the City, which shall be paid as follows: $100,000 per year with the first payment to be made two years after the issuance of the first building permit and continuing each year thereafter until paid in full. Upon full payment of requirement $400,000, the developer shall be relieved of under Resolution No. 70 -95 -9619, sub - section the 18, section 3, providing for one hour of free terms and conditions of Resolution No. 70 -95 -9619 parking. All other shall remain in full force and effect. Section 2. The authorized representative of the Bakery Associates, Ltd. acknowledges that the City may use the funds at any time for any improvements to the downtown area. Upon a vote of 4 members of the City Commission, the City may transfer up to $200,000 from the payment and any interest accrued on the amount, to fund capital improvements to, or programs at, the planned project currently known as the Multi -use Recreation Center. Section 3. This Resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6 t day of August, 1996. ATTEST: APPROVED: CITY CLERK MAYOR CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethe:q..,\ repoiuYl&&a pkgres Commissioner Young: Yea Adopted August 6, 1996 One -hour Parking Resolution Page # 2 To: Mayor and City Commission l From - -, -'/ Cox City Manager REQUEST: CITY OF SOUTH MIAMI Date: July 30, 1996 Agenda Item # ®® Re: Comm. Mtg. 08/06/96 One -hour Parking Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 70 -95 -9619, WHICH APPROVED A SPECIAL EXCEPTION FOR TFIF BAKERY CENTRE REDEVELOPMENT PROJECT; WAIVING A REQUIREMENT OF SUB - SECTION 18 OF SECTION 3 OF THE RESOLUTION PROVIDING FOR ONE HOUR OF FREE PARKING; ACCEPTING $400,000.00 FROM THE DEVELOPER; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The applicant for the Redevelopment of the Bakery Centre has requested that the City Manager consider re- negotiating the required condition that one -hour of free parking be provided for all users of the proposed parking garage. This condition is found under sub - section 18 in Section of Resolution No. 70 -95 -9619 which granted approval for a Special Exception for this project. The City Manager has proposed that the developer provide a one -time payment to the City for use in the downtown area of $400,000. This payment will substitute for the required condition of one -hour of free parking only. The City Manager has the power to negotiate such changes, however, the City Manager may also invoke the provision for City Commission review under sub - section 31 of Section 3 of the said Resolution No. 70 -95 -9619 and has done so herein, RECOMMENDATION: Approval, Attachments: Proposed Resolution City Manager's Report: One -hour Parking Resolution