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CITY COMMISSION 6130 SUNSET DRIVE
SOUTH MIAMI,FLORIDA 33143
305/663.6340
FAX 663-6348
June 9, 2005 14ECEIVED
SUN 3 2005
Ray Eubanks `660
Department of Community Affairs Plan&DRi Processing
2555 Shumard Oak Boulevard
Tallahassee, . FL 32399-2100
Dear Mr. Eubanks:
Enclose please find two (2) original Development Agreements
between the City of South Miami and South Miami
Corporation. Please certify these two original agreements
and send back to our office at the address listed above:
On . April 13, 2005 we sent under separate correspondence an
' original agreement for your office files.
If you have . any questions please contact Don O'Do='iely,.
Planning Director at 305-663-6327 .
Sincerely,
on
Nk gad Payne �� f�C�
De ty City Clerk
�- `� 5J
SOUTH MIAMI&SOUTH MIAMI CORP.
DCA#762DA
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CITY COMMISSION C/ (/ 6130 SUNSET DRIVE
SOUTH MIAMI,FLORIDA 33143
305/663-6340
FAX 663-6348
April 13,2005
Valerie J.Hubbard,AICP, Director
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee,FL 32399-2100
Dear Ms.Hubbard:
Enclosed please find the Development Agreement between the City of South Miami,
Florida and South Miami Corporation..
If you have any questions please contact Don O'Donniley, Planning Director at 305-663-
6327.
Si cerely,
' 1
Nken yne
Deputy City Clerk
DEVELOPMENT AGREEMENT _
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND SOUTE MIAMI CORPORATION
THIS DRVELOPfMT AGREEMENT. ("Agreement°) is made as of
March 15 2005 by and between THE CITY OF SOUTH MIAMI,
FLORIDA a municipal corporation ("City") and SOUTH MIAMI
CORPORATION ("Company") or its assignee.
RECITALS
WHEREAS, the Florida Local Government Development
Agreement Act, set forth in sections 163 .3220 - 163 .3243,
Florida Statutes, set forth in Exhibit "A" (the "Act")
provides for the execution of development agreements for a
term not to exceed ten (10) years to insure that the law in
effect at the time of the execution of the development
agreement shall govern the development of the land for the
duration of the agreement; and
WHEREAS, the city commission of the City of South
Miami has adopted Ordinance N85-05-182which implements the
Act and permits the consideration and the adoption of this
agreement; and
WHEREAS, the Company owns approximately 4.5+/- acres,
zoned HD-OV, described in Exhibit "B, ° (the "Property") ;
and
WHEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C, " (the "Project") in the
Hometown District Overlay zone within the City of South
Miami.
Page 1 of 17 SOUTH MIAMI&SOUTH MIAMI CORP.
DCA#762DA
NOW, THEREFORE, in consideration of the above recitals
and the following covenants, terms and conditions the
receipt and sufficiency of which are expressly
acknowledged, the city and Company covenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A" . This property is deemed to be one
unified parcel and is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City Land Development Code (the "LDC") attached
hereto as Exhibit "D" .
3. 'Effective Date, Duration of Agreement. This
agreement shall become effective after it has been recorded
in the public records of Miami-Dade County and thirty (30)
days after it is received by the Florida Department of
Community Affairs (the "Effective Date") . This agreement
shall terminate ten years from the effective date of this
agreement, .unless otherwise extended or terminated as
provided for herein or in the act. The maximum period of
this agreement shall be ten (10) years from the effective
date unless extended by mutual consent of all legal and
equitable owners of the Property and the city upon approval
at_ a public hearing, as provided in the act.
4. Use of Property. The property described in Exhibit
"A" is to be utilized for the project described in Exhibit
"C" : a mixed use residential, office and retail project
.with a residential use not to exceed 108 dwelling units on
Page 2 of 17
approximately 4.5 +/- acres. The project will include
:`chamfered" corners where it abuts roadway intersections
pursuant to Exhibit "C" . The occupied space of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall not exceed
four stories. Non-occupied space shall not exceed a maximum
height of fifty six feet. The project shall be built in two
.phases as follows:
Phase I shall consist of Blocks "A" and "C"
described in Exhibit "C
Phase II shall consist of Block "B" described in
Exhibit "C" .
The overall development of the property shall be
conducted in accordance.with the approved site plan on file
at the City, (attached and incorporated as Exhibit;,AB") <f-
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
Page 3 of 17
Based on the projected residential population
on the Property, Company agrees to pay for or
provide . 8 acres of land acceptable to the
City for a public park. In the alternative,
the Company may provide a "substitute payment"
based on the average sales price of
residential property in the city over the last
year. The Company's payment shall be placed in
a special fund for spending on capital
improvements to park and recreation facilities
in the City. The Payment shall be made in one
lump sum on or before a Certificate of Use and
Occupancy is granted for the first residential
unit on the Property.
(c) Sanitary Sewers
Water and Sewer services that comply with all
requirements of Miami-Dade .County for any
building prior to issuance of a final
Certificate of Use and Occupancy.
(d) Solid Waste
Solid Waste services that comply with all
requirements of Miami-Dade County for any
building prior to issuance of a final
Certificate of Use and Occupancy.
(e) Schools
The Company commits to pay upon the issuance
of the initial certificate of occupancy any
required Miami-Dade County School Board school
impact fees.
Page 4 of 17
6. Concurrency. The City of South Miami has determined
that the Company's performance under the Development
Agreement satisfies the concurrency requirements, as
delineated in Section 20-4.1, City Code. By execution of
this Agreement, the City acknowledges that the application
for site plan approval meets all concurrency regulations
enumerated in Section 20-4.1 of the City Code, and that the
site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development
Regulations .
7. Permits. The permits preliminarily identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit four drive-
through teller lanes within the site.
(b) Special Exception to provide 72.2% +/- lot <_
coverage.
(c) Special Use permit to permit up to four
restaurants with a maximum total of 13, 820+/-
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 Co.-vany shall meet all applicable
building codes, land development regulations,
ordinances and other laws.
(b) The Company shall adhere to the requirements
of all permits for the project.
Page 5 of 17
(c) The Company shall develop the project in
conformance with the parameters set forth in. this
agreement.
(d) All development shall be in accord with the
site plan submitted with the special exception
and special use applications, said site plan
incorporated in Exhibit "C" .
(e) The Company shall provide the Department of
Planning with a temporary parking plan, including
an operational plan, which addresses construction
employee parking during the construction period,
said plan shall. include an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during
construction activity.
f) All conditions imposed by the City Commission
shall be incorporated in this Development
Agreement.
g) Company shall reimburse the City its lost
parking revenue from any metered parking spaces
adjacent to the Property which it occupies or
uses. during the construction period.
h) The Company shall donate to a city trust fund
$40, 000.00 to be used by the city for traffic
calming or other traffic mitigation programs
within the.City of South Miami. This money shall
be donated to the City, prior to the issuance of
its first building permit.
9. Consistency. with City of South Miami Comprehensive
Plan and Land Development Regulations. The city has adopted
Page 6 of 17
a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes. The
city finds that the project is consistent with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use residential, office
and retail development, as set forth herein, is consistent
with the "Mixed-Use Commercial/Residential (Four Story) "
designation on the future land use map, and the HID-OV
zoning district on the Official Zoning Atlas of the City of
South Miami. Goal 2 of the Future Land Use Element
identifies the defines the home town district which
consists of the "Hometown District Overlay Zone, " as. .
defined in Article VII, sections 20-7.1 through 20-7.52 of
the. city's land development regulations.
10. Vesting. As long as the development on the
Property is in compliance with this Development Agreement,
and all applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Development
Agreement as well as other requirements imposed by the City
Commission upon the ratification of the site plan approval
on the Property, the Property shall not be the subject of a
down zoning application by the City and shall not be
subject to any development moratorium, referenda action,
ordinances, policies, or procedures enacted by the City
that limits the development contemplated by this Agreement
and depicted in the site plan. Any failure by this
Agreement to address a particular permit, condition, term
or restriction shall not relieve the Company of the
necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
Page 7 of 17
11. Permits, Conditions, Terms and Restrictions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with the law governing said permitting
requirements, conditions, terms, or restrictions.
12. Duration of Permits. The Company acknowledges that
this agreement does not extend the duration of any permits
or approvals.
13. Law Governing Development of the Property. The
ordinances, policies and procedures of the City of South
Miami concerning development of the property that are in
existence as of the execution of this agreement shall
govern the development of the property for the duration of
i 1
the term of this agreemedt Ny' 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.
05-05-1A27attached.
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 Agreement if the other party commits or allows to be
committed any material breach of this Development
Agreement.. A "material breach" of this Agreement shall
include, but not be limited to, a failure of either party
to perform any material duty or obligation on its part for
any thirty (30) consecutive day period. Neither party may
terminate this Agreement on grounds of material breach of
this Agreement unless it has provided written notice to
Page 8 of 17
the other party of its intention to .declare a breach and to
terminate this Agreement (the "Notice to Terminate") and
the breaching party thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with the
exception of monetary breaches which shall be cured within
thirty (4 6) after receipt of notice.
15.. Assignment. This Development Agreement may not be
assigned by the Company except to an affiliated entity,
without the prior written consent of the City. Subject to
the preceding sentence this Development Agreement shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Miami Corporation or a majority of its
shareholders, directly or indirectly owns at least 51% of
the -beneficial interest.
16. Work Force. The Company agrees to use its best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
maximize job opportunities for applicants from South Miami,
the Company shall send .notice to the Community
Redevelopment Agency Director of the City of South Miami,
or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint Preparation. This agreement has been drafted
with the participation of the city and Company and their
Page 9 of 17
, .counsel, and shall not be construed against any party on
account of draftsmanship.
18. Binding Effect. The burdens of this agreement
shall be binding upon, and the benefits of this agreement
shall inure to, all successors in interest to the parties
of this agreement.
19. Captions and Headings. Paragraph headings are for
convenience only and shall not be used to construe or
interpret this agreement_
20. Applicable Laws, Jurisdiction, and Venue. This
agreement shall be governed by and interpreted, construed,
and enforced in accordance with the internal laws of
Florida without regard to principles of conflicts of law.
This agreement may be enforced as provided in Section
163.3243, Florida Statutes. Venue for any litigation
pertaining to the subject matter hereof shall be
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 pre-judgment interest. in any
injunctive or other action not seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but. shall be reasonable and shall not exceed an
hourly rate of $300.00 per hour.
22. inspection. Nothing in this Agreement shall be
construed to waive or limit the City's governmental
Page 10 of 17
authority as a municipal corporation and political
subdivision of the State of Florida. The Company therefore
understands and agrees that any official inspector of the
City of South Miami, or its agents duly authorized, have
the right to enter,. inspect and investigate all activities
on the premises. to determine whether the Property complies
with applicable laws including but not limited to building
and zoning regulations and the conditions herein.
23. Authorization to Withhold Permits and Inspections.
In the event .the Company is obligated to make payments or
improvements under the terms of this Development Agreement
and such payments are not made as required, or such
improvements are not made as required, in addition to any
other remedies available, the City of South Miami is hereby
authorized to withhold any further permits on the portion
of the Property failing to comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
until such time this Development Agreement is complied
with.
24. Representations of the Company. The Company
represents to the City as follows:
(a) The execution, delivery and performance of
this Agreement and all other instruments and
agreements executed in connection with this
Agreement have been properly authorized by the
Company and do not require further approval by
Company.
(b) This Agreement has been properly executed,
and constitutes Company's legal, valid and
Page.11 of 17
binding obligations, enforceable against Company
in accordance with its terms.
(c) There are no actions, suits or proceedings
pending or threatened against or affecting
Company before any court or governmental agency
that would in any material way affect Company's
ability to perform this Agreement.
(d) Company shall not act in any way whatsoever,
directly or indirectly, to cause this Agreement
to be amended, modified, canceled, or terminated,
except pursuant to its express terms, and shall
take all actions necessary to ensure that this
Agreement shall remain in full force and effect
at all times.
(e) Company has the financial capacity to pay or
advance to the City all fees and payments as
required under this Agreement.
25. Severability. In the event that any of the
covenants, agreements, terms, or provisions- contained in
this agreement shall be invalid, illegal, or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the
City to insist upon the strict performance of any covenant,
agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the breach
thereof, shall constitute a waiver of any such breach or
any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement, term, or condition of
Page 12 of 17
this Agreement and no breach thereof shall be waived,
altered or modified except by written instrument. No waiver
of any breach shall affect or alter this Agreement, but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
respect to any other then existing or subsequent breach
thereof.
27. Annual Report and Review. It shall be the
responsibility of the Company to submit an annual -report to
the City sufficient to fulfill the requirements as stated
in the provisions of Section 163.3235, Florida Statutes,
and Ordinance No OS-05-1, 2is agreement shall be reviewed
annually on the anniversary of the effective date of this
agreement. The Company, or its assign, shall submit an
annual report at least 30 days prior to the annual review
date. This report shall contain a section-by-section
listing of what obligations have been met and the date
finalized, as good faith compliance with the terms of the
agreement.• The city commission shall review the annual
report at a public meeting. If the City Commission finds,
. on the basis of substantial competent evidence, that there
has been a failure to comply with the terms of the
Development Agreement, the Agreement may be revoked or
modified by the City. The obligation to submit an annual
report shall conclude upon the date on which the agreement
is. terminated.
28. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City: City Manager
City of South Miami
Page 13 of 17
6130 Sunset Drive
South Miami, Florida 33143
Copy to: Planning Director
Planning and Community
Development Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
For the Company: South Miami Corporation
Attn: Donald F—Hunter,
Vice President
And Wade R. wacholz, counsel
5750 Sunset Drive
South Miami, Florida 33143
Copy to: Wade R. Wacholz, Esq.
Gislason & Hunter, LLP.
P:O. Box 5297
Hopkins., Minnesota 55243-2297
W. Tucker Gibbs, Esq.
215 Grand Avenue
Coconut Grove, Florida 33133
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or in writing. Each party affirmatively
_Page 14 of 17
represents that no promises have been made to that party
that are not contained in this Agreement, and the Exhibits,
and stipulates that no evidence of any promises not
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on its behalf. This Agreement shall
not be supplemented, amended or modified by any course of
dealing, course of performance or uses of trade and may
only be amended or modified by a written instrument duly
executed by officers of both parties.
32. Third Party Beneficiary. This Agreement is
exclusively for the benefit of the parties hereto and their
Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise
to liability to any third party other than the authorized
successors and assigns of the parties hereto.
33. Periods of Time. Whenever any determination is to
be made or action is to be taken on a date specified in
this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall
be extended to the next day which is not a Saturday, ' Sunday
. or legal holiday.
34. Counterparts. This Agreement may be executed
(including by facsimile) in one or more counterparts, and
by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an
original but all of which taken together shall constitute
one and the same agreement.
35. Recordation. Within 20 days after the Development
Agreement has been signed by both the Company and the City,
Page 15 of. 17
the Applicant shall cause a copy of the Development
Agreement to be recorded at the Applicant's expense in the
registry of deeds in Miami-Dade County.
36. Abandonment of Fright-of-Way. The City agrees to
abandon the right-of-way adjacent to the property to the
buildable line. The Company shall contemporaneously grant
to the City an easement from the right-of-way adjacent to
the property to the buildable line for all future needs of
the City. To ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (10-feet
minimum) .
i00-`i. 2'F)
PASSED AND DMY ADOPTED by the city commission of the
City of South Miami, Florida, this 15th day of March 2005.
ATTEST: APPROVED:
TI
CLERR y MA OR Jor
READ AND APPROVED AS TO F'O&%I:
-s
CITY RNEY
Page 16 of 17
AGREED TO thisl$th day of March, 2005 .
Witnesses: SOUTH MIAMI CORPORATI
PrinZ N 6,0vkt.6
President
WWI
Print Name m��. WIC fOt
STATE OF PBORT
COUITrY OF 1. e-OO )
The foregoing instrument was acknowledged before me this
L714 L day of A AI L , 2005 by `diLU R W W1g+,Z,who is
personally known to me or who produced
as identification, on behalf
of the corporation.
My commission expires:
"OMCUL SEAL"
Cyndn
E.Krri►
Notary PatRW.Stake of Illinois
SOUTH NUMVU&SOUTH MIAMI CORP.
DCA#762DA
Page 17 of 17
EXHIBITS
Exhibit "A" Florida Local Government
Development Agreement Act
Exhibit "B" Legal Description
Exhibit "C" Site Plan Concept
Exhibit "D" Unity of Title
rVf I � g
o
Florida Local Government Development Agreement Act
163.3220 Short title; legislative intent.--
(1) Sections 163.3220-163.3243 may be cited as the"Florida Local Government
Development Agreement Act."
(2) The Legislature finds and declares that:
(a) The lack of certainty in the approval of development can result in a waste of
economic and land resources.discourage sound capital improvement planning and
financing.escalate the cost of housing and development and discourage commitment to
comprehensive planning.
(b) Assurance to a developer that upon receipt of his or her development permit or
brownfield designation he or she may proceed in accordance with existing laws and
policies.subject to the conditions of a development agreement.strengthens the public
planning process.encourages sound capital improvement planning and financing.assists
in assuring there are adequate capital facilities for the development.encourages private
participation in comprehensive planning,and reduces the economic costs of development.
(3) In conformity with in furtherance of.and to implement the Local Government
Comprehensive Planning and Land Development Regulation Act and the Florida State
Comprehensive Planning Act of 1972.it is the intent of the Legislature to encourage a
stronger commitment to comprehensive and capital facilities planning.ensure the
provision of adequate public facilities for development.encourage the efficient use of
resources.and reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to.enter into development
agreements with developers.subject to the procedures and requirements of ss. 163.3220-
163.3243.
(5) Sections 163.3220463.3243 shall be regarded as supplemental and additional to the
powers conferred upon local governments by other laws and shall not be regarded as in
derogation of any powers now existing.
History.—s. 19.ch.86.191:s.902.ch.95-147:s.8.ch.99-378.
163.3221 Florida Local Government Development Agreement Act; definitions.--As
used in ss. 163.3220-163.3243:
1
(1) "Brownfield designation"means a resolution adopted by a local government pursuant
to the Brownfields Redevelopment Act, ss. ;76.77-376.85.
(2) "Comprehensive plan"means a plan adopted pursuant to the"Local Government
Comprehensive Planning and Land Development Regulation Act."
(3) "Developer" means any person.including a governmental agency, undertaking any
development.
(4) 'Development" means the carrying out of any building activity or mining operation.
the making of any material change in the use or appearance of any structure or land. or
the dividing of land into three or more parcels.
(a) The following activities or uses shall be taken for the purposes of this act to involve
"development":
L A reconstruction,alteration of the size,or material change in the external appearance
of a structure on land.
2. A change in the intensity of use of land,such as an increase in the number of dwelling
units in a structure or on land or a material increase in the number of businesses.
manufacturing establishments.offices.or dwelling units in a structure or on land.
3. Alteration of a shore or bank of a seacoast,river,stream,lake,pond,or canal.
including any"coastal construction' as defined in s. 161.021.
4. Commencement of drilling,except to obtain soil samples.mining,or excavation on a
parcel of land.
5. Demolition of a structure.
b. Clearing of land as an adjunct of construction.
7. Deposit of refuse,solid or liquid waste.or fill on a parcel of land.
(b) The following operations or uses shall not be taken for the purpose of this act to
involve"development":
1. Work by a highway or road'agency or railroad company for the maintenance or
improvement of a road or railroad track.if the work is carried out on land within the
boundaries of the right-of-way.
2. Work by any utility and other persons engaged in the distribution or transmission of
gas or water.for the purpose of inspecting,repairing,renewing,or constructing on
established rights-of-way any sewers.mains,pipes. cables.utility tunnels, power lines.
towers.poles.tracks.or the like.
2
I Work for the maintenance,renewal,improvement,or alteration of any structure. if the
work affects only the interior or the color of the structure or the decoration of the exterior
of the structure.
4. The use of any structure or land devoted to dwelling uses for any purpose customarily.
incidental to enjoyment of the dwelling.
5. The use of any land for the purpose of growing plants.crops,trees.and other
agricultural or forestry products.raising livestock. or for other agricultural purposes.
6. A change in use of land or structure from a use within a class specified in an ordinance
or rule to another use in the same class,
7. A change in the ownership or form of ownership of any parcel or structure.
8. The creation or termination of rights of access.riparian rights,easements.covenants
concerning development of land,or other rights in land.
(c) "Development."as designated in an ordinance,rule. or development permit includes
all other development customarily associated with it unless otherwise specified. When
appropriate to the context."development" refers to the act of developing or to the result
of development. Reference to any specific operation is not intended to mean that the
operation or activity.when part of other operations or activities_is not development.
Reference to particular operations is not intended to limit the generality of this
subsection.
(5) "Development permit" includes any building permit,zoning permit,subdivision
approval,rezoning.certification.special exception,variance.or any other official action
of local government having the effect of permitting the development of land.
(6) "Governing body" means the board of county commissioners of a county. the
commission or council of an incorporated municipality,or any other chief governing
body of a unit of local government.however designated.
(7) "Land" means the earth,water,and air,above,below,or on the surface, and includes
any improvements or structures customarily regarded as land.
(8) "Land development regulations"means ordinances enacted by governing bodies for
the regulation of any aspect of development and includes any local government zoning.
rezoning.subdivision. building construction, or sign regulations or any other regulations
controlling the development of land.
(9) "Laws" means all ordinances.resolutions.regulations. comprehensive plans, land
development regulations.and rules adopted by a local government affecting the
development of land.
(10) "Local government"means any county or municipality or any special district or
local governmental entity established pursuant to law which exercises regulatory
authority over.and grants development permits for.land development.
(11) "Local planning agency" means the agency designated to prepare a comprehensive
plan or plan amendment pursuant to the "Florida Local Government Comprehensive
Planning and Land Development Regulation Act."
0 2) "Person"means any individual,corporation. business or land rust.estate.trust.
partnership.association.two or more persons having a joint or common interest. state
agency.or any legal entity.
(I")) "Public facilities" means major capital improvements.including,but not limited to.
transportation.sanitary sewer.solid waste.drainage.potable water. educational..parks
and recreational. and health systems and facilities.
(14) "State land planning agency" means the Department of Community Affairs.
History.—s.20.ch.86-191:s.4.ch.92-129:s. 9.ch.99-378.
1633223 Applicability.--Any local government may,by ordinance.establish procedures
and requirements.as provided in ss. 163.3220-163.3243.to consider and enter into a
development agreement with any person having a legal or equitable interest in real
property located within its jurisdiction.
History.—s.21.ch.86-l 91.
163.3225 Public hearings.--
(1) Before entering into. amending, or revoking a development agreement.a local
aovernment shall conduct at least two public hearings.At the option of the governing
body. one of the public hearings may be held by the local planning agency.
(2)(a) Notice of intent to consider a development agreement shall be advertised
approximately 7 days before each public hearing in a newspaper of general circulation
and readership in the county where the local government is located. Notice of intent to
consider a development agreement shall also be mailed to all affected property owners
before the first public hearing. The day,time. and place at which the second public
hearing will be held shall be announced at the first public hearing.
(b) The notice shall specify the location of the land subject to the development
agreement.the development uses proposed on the property. the proposed population
densities.and the proposed building intensities and height and shall specify a place where
a copy of the proposed agreement can be obtained.
History.—s.22.ch.86-191.
4
163.3227 Requirements of a development,agreement—
(1) A development agreement shall include the following:
(a) A legal description of the land subject to the agreement.and the names of its legal
and equitable owners:
(b). The duration of the agreement:
(c) The development uses permitted on the land,including population densities.and
building intensities and height:
(d) A description of public facilities that will service the development, including who
shall provide such facilities:the date any new facilities,if needed.will be constructed:
and a schedule to assure public facilities are available concurrent with the impacts of the
development:
(e) .A description of any reservation or dedication of land for public purposes:
(f) A description of all local development permits approved or needed to be approved for
the development of the land;
(g) A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations:
(h) A description of any conditions,terms,restrictions.or other requirements determined
to be necessary by the local government for the public health.safety.or welfare of its
citizens:and
(i) A statement indicating that the failure of the agreement to address a particular permit.
condition.term.or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements.conditions.term. or
restriction.
(2) A development agreement may provide that the entire development or any phase
thereof be commenced or completed mrithin a specific period of time.
History.—s.23.ch.86-19 1:s.3I.ch.9145.
163.3229 Duration of a development agreement and relationship to local
comprehensive plan: The duration of a development agreement shall,not exceed 10
years. It may be extended by mutual consent of the governing body and the developer.
subject to a public hearing in accordance with s. 163.3225.No development agreement
shall be effective or be implemented by a local government unless the local government's
comprehensive plan and plan amendments implementing or related to the agreement are
5
found in compliance by the state land planning agency in accordance with s. 163.3184.s.
163.3187. or s. 163.3189.
History.—s.24.ch.86-191:s.32.ch.9145:s. 11.ch.92-129.
163.3231 Consistency with the comprehensive plan and land development
regulations.—A development agreement and authorized development shall be consistent
with the local government's comprehensive plan and land development regulations.
History.—s.25.ch. 86-191.
163.3233 Local laws and policies governing a development agreement.--
(i) The local government's laws and policies governing the development of the land at
the time of the execution of the development agreement shall govern the development of
the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a
development that is subject to a development agreement only if the local government has
held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development
agreement and do not prevent development of the land uses. intensities.or densities in the
development agreement:
(b) They are essential to the public health.safety.or welfare.and expressly state that
they shall apply to a development that is subject to a development agreement:
(c) Thev are specifically anticipated and provided.for in the development agreement:
(d) The local government demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of the development agreement:or
(e) The development agreement is based on substantially inaccurate information supplied
by the developer.
(3) This section does not abrogate any rights that may vest pursuant to common law.
History.—s.26.ch.86-191.
163.3235 Periodic review of a development agreement.--A local government shall
review land subject to a development agreement at least once every 12 months to
determine if there has been demonstrated good faith compliance with the terms of the
development agreement. For each annual review conducted during years 6 through 10 of
a development agreement.the review shall be incorporated into a written report which
shall be submitted to the parties to the agreement and the state land planning agency. The
state land planning agency shall adopt rules regarding the contents of the report. provided
6
that the report shall be limited to the information sufficient to determine the extent to
which the parties are proceeding in good faith to comply with the terms of the
development agreement. If the local government finds.on the basis of substantial
competent evidence.that there has been a failure to comply with the terms of the
development agreement.the agreement may be revoked or modified by the local
government.
History.—s.27,ch.86-191:s. 12.ch.92-129.
.163.3237 Amendment or cancellation of a development agreement.--A development
agreement may be amended or canceled by mutual consent of the parties to the agreement
or by their successors in interest.
History.--s.28,ch.96-191.
1633239 Recording and effectiveness of a development agreement.--Within 14 days
after a local government enters into a development agreement.the local government shall
record the agreement with the clerk of the circuit court in the county where the local
government is located. A copy of the recorded development agreement shall be submitted
to the state land planning agency within 14 days after the agreement is recorded. A
development agreement shall not be effective until it is properly recorded in the public
records of the county and until 30 days after having been received by the state land
planning agency pursuant to this section. The burdens of the development agreement
shall be binding upon.and the benefits of the agreement shall inure to.all successors in
interest to the parties to the agreement.
History:—s.29.ch.86-191:s. 13.ch.92-129.
163.3241 Modification or revocation of a development agreement to comply with
subsequently enacted state and federal law.--If state or federal laws are enacted after
the execution of a development agreement which are applicable to and preclude the
parties'compliance with the terms of a development agreement.such agreement shall be
modified or revoked as is necessary to comply with the relevant state or federal laws. .
History.—s.30.ch.86-191.
1633243 Enforcement.--Any party. any aggrieved or adversely affected person as
defined ins. 163.3215(2),or the stale land planning agency may file an action for
injunctive relief in the circuit court where the local government is located to enforce the
terms of a development agreement or to challenge compliance of the agreement with the
provisions of ss. 163.3220-163.3243.
History.--s.31.ch.86-191.
7
LEGAL DESCRIPTION
Lots 6, 7, 8 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
5?, 58, 59, 60, 61, 62, 63, 64, 65, 66, 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 198 of the Public Records of Miami-Dade County,
Florida.
_amp
s
z �
s
N
a_P,�,
o _ I
" I I c I ...�.. .[
1
U �
Q ti 8
e r
11/ �
L_ lu
Unity of Title
t
v-
The undersigned is the owner of that property (the 2V -7��
"Property") described as:
Lots 6, 7, 8, 9, 40, 41, 42, 43, 44, 45, 53, 54, 55, 56,
57, 581 59, 60, 61, 62, 63, 64, 65, 66, and the east 50
feet of Lots 51 and 52 of W.R. Larkins Subdivision
according to the plat thereof recorded in Plat Book 3 at
Page 198 of the Public Records of Miami-Dade County,
Florida; and
The undersigned recognizes and acknowledges that for the
public health, welfare, safety or morals, and subject to the
conditions set forth herein, the Property should not be
divided into separate parcels owned by several owners so
long as the same is put to the hereinafter use; and
Pursuant to sections 20.7 .30 and 20-5.14, of the City Land
Development Code (the "LDC") a unity of title is required
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. In consideration of the mutual
agreements and covenants contained in the attached
Development Agreement between the City of South Miami and
the South Miami Corporation (the "Development Agreement") ;
and
For other good and valuable consideration, the undersigned
hereby agrees to restrict the use of the Property' in the
following manner:
1. That said Property shall be considered as one plot
and parcel of land and that no portion of said plot
and parcel .of land shall be sold, transferred,
divided or assigned separately, except in its
entirety as one plot or parcel of land. However this
shall not prohibit the sale of portions of the
Property as condominium units or the sale of portions
consistent with the Development Agreement and
approved site plan.
2. That this condition(s) , restriction (s) and
limitation (s) shall be deemed a covenant running
with the land, shall be recorded in the public
Page. 1 of 2
' s
records of Miami Dade County, and shall remain in
full force and effect and be binding upon the
undersigned, their heirs and assigned until such time
as the same may be released in writing by the
Director of Planning; provided, however, that this
Unity of Title may be released by the Director of
Planning after approval of a site plan which meets
all applicable City regulations.
Signed, sealed, executed and acknowledged on this day of
February 2005, at Miami, Florida
SOUTH MIAMI COP"PATION
Witnesses:
Vice President
Print Name
Print Name
WITNESSES
Page 2 of 2
o�S�ury
erooroano.
t927
At6R19
CITY toMMISSION
s
March 10, 2009
Ray Eubanks
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Enclosed please find the Development Agreement between the
City of South Miami and South Miami Corporation that was
recorded on February 7, 2008 . Please certify this
agreement
If you have any questions please give me a call.
Sincerely,
Nken Payne
Deput, City Clerk
Encl.
cc: Sandy Youkiiis, Acting Planning Director
Luis Figueredo, City Attorney
Jerry B. Proctor, Esq.
>unset Drive • South Miami, Florida 3143-5093 • Tel: (305) 663-6340 • Fax: (305) 663-6348
E pe
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Florida Profit Corporation
SOUTH MIAMI CORPORATION
Filing Information
Document Number 257697
FEI/EIN Number 366054632
Date Filed 04/05/1962
State FL
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 10/2412003
Event Effective Date NONE
Principal Address
5750 SUNSET DRIVE
P.O. BOX 1000
MIAMI FL 33143
Changed 07/21/1999
Mailing Address
5750 SUNSET DRIVE
P.O. BOX 1000
MIAMI FL 33143
Changed 07/21/1999
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CT CORPORATION SYSTEM
1200 S. PINE ISLAND ROAD
PLANTATION FL 33324 US
Name Changed:06/18/1992
Address Changed:06118/1992
Officer/Director Detail
Name&Address
Title VPD
SCRANTON, KENNETH E.
680 N LAKE SHORE DR
CHICAGO IL 60611
Title AST
KRCH, C
http://www.swibiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=25 7697&inq_-.. 5/8/2011
680 N. LAKE SHORE
CHICAGO IL
Title CD
WIRTZ,W.ROCKWELL
680 N. LAKE SHORE DR.
CHICAGO IL 60611
Title AST
MOHLER, MAX
680 N. LAKE SHORE DR.
CHICAGO IL
Title S
HUNTER, DONALD
680 N. LAKE SHORE DR
CHICAGO IL 60611
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DCA SPECIAL ROUTING FORM:
TO: JEFF BIELLING
DATE: JUNE 20, 2005
163 DEVELOPA1 ffNT AGREEMENT
FROM SOUTH MIAMI & SOUTH
IMIAMI CO".
DCA# 762DA
The above community has-transmitted this development agreement
pursuant to 163.3239, Florida Statutes. Please confirm by
JUNE 30, 2005, whether the development agreement should undergo
review.
Review ?v i sc
Not-Review
Reviewer's Signature 6(z7lo�
If you confirm that the development agreement should undergo
further review please determine if the agreement is.consistent with the
local governments comprehensive plan by JULY 6, 2005
'Consistent
Inconsistent
If you determine that the agreement is inconsistent with the local
governments comprehensive plan, please prepare a staff memo and letter
for Mail out by JULY 13, 2005 and return the package to PPT.
.Mark Yelland/DCA/FLEOC To dodonniley @cityofsouthmiami.net
06/27/200511:01 AM *Paul Darst/DCA/FLEOC @fleoc,-Ray cc Eubanks/DCA/FLEOC@fleoc
bcc
Subject South Miami Corporation Agreement(DCA#762DA)
Don:
Following-up on our telephone conversation of earlier this morning, I've noted your statement that the
subject development is in compliance with the City's proposed FLUM categories(i.e., re:commercial
mixed-use requiring 2 out of 3 uses;one floor of three).
Also,could I get a copy of your latest comp plan(and maps)from.you?Thanks,and it was nice chatting
with you!
Mark S.Yelland,AICP
Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
mark.yelland@dca.state.fl.us
850.922.1790 Office
850.922.9881 Fax
Please note: Florida has a very broad public records law. Most written communications to or from state
officials regarding state business are public records available to the public and media upon request. Your
e-mail communications may be subject to public disclosure.
-Paul DamUDCA/FLEOC To -Mark Yelland/DCA/FLEOC @ fleoc
06/27/2005 09:45 AM cc
bcc
~ Subject Re:Fw:DCA#762DA-City of South Miami®
That's my understanding as well. I would probably check in with Don anyway,just to let him know you'll be
reviewing some of his amendments etc,and then just ask if the proposgeAZLUM ggtea o all
development allowed in the develann_ nt agreement. N
Mark Yelland/DCA/FLEOC
C�- V►il t yL 6�-Wb USq;—::
Mark Yelland/DCA/FLEOC { �v( IZ-t5 2 &4-- 3
0627/2005 09:31 AM To Paul DarsttDCA1FL
<JSL �L
cc
Subject Fw:DCA#762DA-City of South Miami rr
� ;&0
Paul: I awaited this answer prior to contacting the City(if that was in fact necessary). N w knowing the
extent of our involvement in these agreements, I'm thinking that we do not have to do nything further-and
assume that the City will ensure that development is consistent with its comp plan...
w/ Z N ewv�-tk_
-Mark S.Yelland,AICP
Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
mark-yelland@dca.state.fl.us
850.922.1790 Office
850.922.9881 Fax
—Forwarded by Mark Yelland/DCA/FLEOC on 06/2712005 09:24 AM—
Ray Eubanks/DCA/FLEOC
06/27/2005 09:21 AM To Paul Darst/DCA/FLEOC @fleoc
Jeff 81e11ing/DCA1FLE0C @f1eoc,Mark
cc Yelland/DCAIFLEOC @fleoc
Subject Re:DCA#7620A-Cityof South Miami®
Paul,No we normally do not send a receipt letter for these agreements. Most local governments send the
agreement certified mail and that is their receipt. We did receive the agreement on 6/13/05.
Ray
Paul Darst/DCA/FLEOC q
Paul Darst/DCA/FLEOC °aR
06/242005 04:31 PM To Ray EubankS/DCA/FLEOC @fleoc
Jeff Bielling/DCA/FLEOC @fleoc,Mark
cc
Yellan d/DCA/FLEOC @fleoc
Subject Re:DCA#762DA-City of South Miami
Ray:
Mark was really wanting to know if we had acknowledged receipt of the-development agreement by return
mail--i.e.,if we had let them know we received it.
Paul
Please note: Florida has a very broad public records law. Most written communications to or from state
officials regarding state business are public records available to the public and media upon request. Your
e-mail communications may be subject to public disclosure.
Ray Eubanks/DCA/FLEOC To -Mark Yelland/DCA/FLEOC @fleoc
06/24/200511:04 AM Paul Darst/DCA/FLEOC @fleoc, Jeff
cc Bielling/DCA/FLEOC@fleoc
bcc
Subject Re:DCA#762DA-City of South Miami
Mark,We do not normally certify a development agreement. I do not recall such a letter but it may have
been in the main agreement recieved from South Miami on 6/13/05. The agreement was routed to Jeff. V
am not sure if the review has been completed or not. You may want to coordinate with Jeff to see if he still
has the file. Normally,the local government sends the agreement certified mail and they use that to
determine the date the Department received the package.
Ray
Mark YellandfDCA/FLEOC
Marls Yelland/DCA/FLEOC
0624/2005 07:48 AM To Ray Eubanks/DCA/FLEOC @fleoc
cc Paul DarsVDCA/FLEOC @fleoc
Subject DCA#762DA-City of South Miami
Hi Ray. I was told I should check with you on whether you or your staff had already responded to a letter
from the City of Miami dated June 9,2005 requesting us to certify a development agreement between the
City and South Miami Corporation(the letter was from Nkenga Payne,Deputy City Clerk).Thanks
Mark S.Yelland,AICP
Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
mark.yelland@dca.state.fl.us
850.922.1790 Office
850.922.9881 Fax
Please note: Florida has a very broad public records law. Most written communications to or from state
officials regarding state business are public records available to the public and media upon request. Your
e-mail communications may be subject to public disclosure.
x
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAI S
"Dedicated to making Florida a better place to call home"
JE BUSH THADDEU L.COHEN,AIA
Gove Secretary
June 23,2005
Of
Ms.Nke
y Ctv ��Deputy -J
,
City of South Mia 1 f
6130 Sunset Drive \=,pie South Miami,FloridDear Ms.Payne:
The Departnity Affairs has reviewed your letter ted June 9,2005 and attached copies of
the Development Agn the City annd South Miami Corpoz on.This letter transmits the requested
certification of the twie of that Agreement With respecurren efforts to address a n er of major issues in its upcoming 2005
l� Evaluation and Appraisal Report,informati is not sufficient a point to determine whether this dev elopment
would help alleviate the City's projected affo able housing n ds.Also,based on the attached Site Plan(Exhibit C)
J'6 and Condition 5(b)of the Development Agree nt,it is no clear whether this development would help to fiM the
City's desire to increase green and/or open spaces ithin a substantially developed urban center.
We are impressed with your efforts to enhan community identity,create a better sense of place,and
invigorate the economic and social vitality of South i ''s"main street"business center.The Department looks
forward to the success of this and other projects woul help to attain those goals set forth as part of the City's
comprehensive planning process.If you have any questions r need additional assistance,please contact Mark
Yelland,AICP,Community Planner,at(850)9 -1790 or ma yelland@dcastate.fl.us.
Sincerely,
'.A
Jeff Welling,AICP
Regional Planning A strator
JEB/my
Enclosure �"G - /�C t ��G� j`� , -�" \ gill
cc: Mr.Don onniley,AICP C�`
tj
2555 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-21 0
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto://www.dca_state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT
2796 Overseas Highway.Suite 212 2555 Shurrard Oak Boulevard 2655 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon,FL 33050.2227 Tallahassee,FL 323992100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100
(30S)289,2402 (650)46&2356 (8W)41134969 (650)488-7956
DEVELOPMENT AGREEMENT, CITY OF SOUTH MIAMI
Date: 6/22/2005
Development agreement received 6/13/05 by DCA.
CONFIRM BY JUNE 30 whether the agreement should undergo review.
Submitted pursuant to § 163.3220- § 163.3243, "Florida Local Government
Development Agreement Act,"which provides for execution of development
agreements for a term not to exceed 10 years.to insurgthat_the law in effect at thetime
.of the the development of land
for the duration.,of the agreement.
The South Miami Corporation owns 4.5 acres zoned HD-OV. Company desires to
tau.--_ construct a mixed-use development with retail, office, and residential uses in the
rr-Hometown District Overlay_.Zone in South Miami.
The requirements for a development agreement:
163.3227 Requirements of a development agreement.—
V (1)A development agreement shall include the following: -
v (a)A,legal desozptjon of the land subject to the agreement, and the names of its legal and cri hH S
equitable owners; vu;4ti au.1
See Exhibit B v^c Cv fxe
av4e or
(b)The duration of the agreement; ,�(L,�e
10 years from effective date(after it is recorded in fine public records of Miami-Dade County �,' e, u,S c,c
and 30 days after it is received by the Department of CommunityAffairs).
163.3229 Duration of a development agreement and relationship to local comprehensive - J
plan.--The duration of a development agreement shall not exceed,10 years.It may be_
;::.. ..
extended by_z utual cement of the gvyerning bgdy_and:.the deyelgper, subject to a public
hearing in accordance with s. 163.3225.No development agreement shall be effective or be
unplemented by a.local'government unless the local government's comprehensive plan and
plan amendments implementing or related to the agreement are found in compliance by the
state land planning agency in accordance with s..1 63-3184, S. 16_3.3187, ors. 163.3189.
(c)The development uses permitted on the land,including population densities,and
building intensities and height; �– 2,f do/ac Lq,Tr_ At A�Z-
i
`Mixed-.useresidential(notto,eTceed,1Q8-dwelling:unils);:.of fie,and retail developmenL..�e
Exhibit C Building.b p hts not to exceed four storleq,pr 56 feet.unless otherwise-permitted by
--the-South.Miami comprehensive plQa 9;-,#s Ignd deyelopmenLregIc:trons.
What is that exception about?Is it capped at four stories or not?Agreement says attached Exhibit
B contains"estimated"commercial square footage.But what about Office?
(d)A description of public facilities that will service the development, including who shall
provide such facilities;the date any new facilities,if needed,will be constructed; and a
schedule to assure public facilities are available concurrent with the impacts of the
development;
(e)A description of any reservation or dedication of land for public purposes;
(f)A description of all local development permits approved or needed lobe approved for
the development of the land;
i�{e•��eT��ti� (g)A finding that the development permitted orprppos� pppgjs enX with tie 1�,�.al..
r:�r
cS��. c.j- government_s,compr he sit�e.pl�n and agd.dgy. lop ment;regulationsz
163.3231 Consistency with the comprehensive plan and land development regulations.-A
rti`G development_agreement and authorized development shall be consistent with the local
government's comprehensive plan and land development regulations.
(h)A description of any conditions;terms,restrictions, or other requirements determined to
be necessary by the local government for the public health,safety, or welfare of its citizens;
and
�- (i)A statement indicating that the failure of the agreement to address a particular permit,
condition,term,or restriction shall not relieve the developer of the necessity of complying
with the law governing said permitting requirements, conditions, term, or restriction.
(2)A development agreement may provide that the entire development or any phase
thereof be commenced or completed within a specific period of time.
163.3233(1)The local government's laws and policies governing the development of the land
at the time of the execution of the development agreement shall govern the development of
the land for the duration of the development agreement.
✓ (2)A local government may apply subsequently adopted laws and policies to a development
that is subject to a development agreement only if the local government has held a public
hearing and determined.
163.3235 Periodic review of a development agreement.--A local;government shall reviewland
subject to,a development agreement at least once every 12 months xo.determine-if-there has
been demonstrated.good faith,compliance with.the terms of the deelopmept agreement.For
each annual review conducted during years 6 through 10 of a development agreement;the
review shall be incorporated into a written report which shall be submitted to the parties to
the agreement and the state land planning agency.The state land planning agency shall
adopt rules regarding the contents of the report,provided that the report shall be limited to
the information sufficient to determine the extent to which the parties are proceeding in good
faith to comply with the terms of the development agreement.if the local government finds,
on the basis of substantial competent evidence, that there has been a failure to comply with
the terms of the development agreement, the agreement may be revoked or modified by the
local government:
1� �, �� �Cf �.� cG:v�.��_1 'b-.cf c`. �cfry°tiw �� G� a o��.�. ;y��,;,�.:•� c��t�c*..::.�r�' .
do :.{ �:.� S `�1 :. {t` �L',:4 ; G^ � 11r b�.� JtQ• -�0��1J
y
DCA SPECIAL ROUTING FORM:
TO: BOB DENNIS
DATE: MAY 30 2007
163 DEVELOP11ENT AGREEMENT
FR OM.- SOUTH MIAMI & RR S 7'
A VENUE LLC
DCA# 920DA
The above community has transmitted this development agreement
pursuant to 163.3239, Florida Statutes. Please confirm by
JUNE 14, 2007, whether the development agreement should Undergo
review.
Review �
Not-Review
Reviewer=s Signature
If you confirm that the development agreement should undergo further
review please determine if the agreement is consistent with the local
governments comprehensive plan by JUNE 21, 2007
Consistent
Inconsistent
If you determine that.the agreement is inconsistent with the local
governments comprehensive plan, please prepare a staff memo and letter for
Mail out by JUNE 28, 2007 and return the package to PPT.
(. toll?
CITY COMMISSION 6130 SUNSET DRIVE
SOUTH MIAMI,FLORIDA 33143
305/663-6340
FAX 663.6348
May 23, 2007
tv11111Y 2 9 2407 ;
3
Ray Eubanks
Department of Community Affairs
255.5 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Enclosed please . find a copy of the Development Agreement
between the City of South Miami and RRC 57th Avenue, LLC..
If you have any questions please contact Mr.. Julian Perez,
Planning Director a call @ (305) 663-6327 .
Sincerely,
Nke Payne
Depu City Clerk
SOUTH MIAMI &RRC 57TH AVENUE
DCA#920DA
s+
ILIA loll 1111111111111111111111111 fill Ill!
CFN 2007RO328885
DR Sk 25496 Pss 0047 - 51► (5935)
RECORDED 03/3012407 15%02.31
HARVEY• RUVIN► CLERK OF COURT
This instrument prepared by: MIAMI-DADE COUNTYP FLORIDA
Jerry B.Proctor,Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
200 South Biscayne Boulevard,Suite 2500
Miami, Florida 33131-5340
(Space Reserved for Clerk of Court)
UNITY OF TITLE
This Unity of Title made and•executed this 1f)+*'1`day of IMam)n, 2007, by RRC
57th Avenue, LLC, a Florida limited liability company.
WHEREAS, the undersigned is the Owner of that property described as:
6600-6640 SW 57 Avenue and 5757 SW 68 Street
Folio No.: 09-4025-026-0010 Folio No.: 09-4025-026-0060
Folio No.: 09-4025-026-0020
Folio No.: 09-4025-026-0030
Legal Description: See Exhibit"A" attached and made a part hereof.
Owner recognizes-and acknowledges that for the public health, welfare, safety or
morals, the herein-described property should not be divided into separate parcels
owned by several owners so long as the same is part to the hereinafter use, and
In consideration of$10.00 and for other good and valuable consideration, Owner
hereby agrees to restrict the use of the subject property in the following manner:
That said property shall be considered as one plot, and parcel of
land and that no portion of said plot and parcel of land shall be,sold,
transferred, devised or assigned separately, except in its entirety
as one plat or parcel of land:
Owner further agrees that this condition, restriction and limitation shall be
deemed a covenant running with the land and may be recorded, at Owner's expense, in .
the Public Records of Miami-Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner, their heirs, successors, personal representatives
and assigns and upon all mortgagees or lessees until such time as the same may be
released in writing,` after approval by resolution passed and adopted by the City
Commission, after public hearing, and executed by the City Manager and City Clerk.
SOUTH NdANH& RRC 57TH AVENUE
DCA# 920DA
Book25496/Page47 CFN#20070328885 Page 1 of 5
I
Unity of Title.
Page 2
The release of the Unity of Title is contingent upon a cessation of the conditions and/or
criteria which originally required the execution of the subject Unity of Title.
[Execution Pages Follow] .
2
Book25496/Page48 CFN#20070328885 Page 2 of 5
Unity of Title
Page 3
r«.
Signed, witnessed, executed and acknowledged on this day of
MOrdv, , 2007.
IN WITNESS WHEREOF, RRC 57t" Avenue, LLC has caused these presents to
be signed in its name by.its property officials.
WITNESSES: RRC 57th Avenue, LLC
By: University of Miami, a Florida not
for profit corporation, its sole
member
By: j
Print Name: Nam se
ph T. atoll
Title: enior Vice President for
Business and Finance
4intme:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE
T regoing instrument was acknowledged before me this a day of
200A7, by - Joseph T. Natoli as Senior Vice President for
Busi of University of Miami, a Florida not for profit corporatiorr, the
sole member of RRC 57th Avenue, a Florida limited liability co any, who (check one)
] are personally known to me *, or ( J . have produced
40RY.ation.
PU t f rdMy Commissio n Expires: : '
NOTARY.PUBLIC-5r??E OF FWRIDA
Melody M. Smith .
- Commission#DD589811
Expires: OCT. 10,2010
3 SoNDFD THRU Ann--,Tnc 80NDU(G CO..INC
Book25496/Page49 CFN#20070328885 Page 3 of 5
f �
EXHIBIT"A°
• Legal Descriptiop
M of Tract 1, of the REwsED•PLAT OF FERNWOOD, according to the Plat thereof, �s
• recorded in Plaf Book 35,at Page 72,of the Public Records of Miami-Dade County,
Florida,less
1 :the South 475.657 feet of the West 100 fat,and less also the East 150•fact of the South 330 feet,
' and less also the South 125 feet of the West 175 feet of tho Bast 325 feet, and less*also the East
75 feet of the West 175 feet of the$oath 125 fectof said Tract.
Parcel 2: •
The Bast 75 feet:of the West 175,feet of the South 125 feet of Tcact'1, of REVISED PLAT OF
lzmW*OOD, accolding to the Plat thereof, ts•recorded m Plat Book 35, ai Page 72, of the
Public Records of Miami Dade County;Florida.
Parcel 3: • •
-! `The North 132 feet of the SE %4 of the.NE'/ of the SE '/+'of Sectior. 25, Township 54 South,
Range 40 East,less the North 25 feet of the North 132 feet of the SE'/,of the NE'/ of the SE'A
of Section 25,Township 54 South,Range 40 Bast.
Parcel 4:
Tbat part of the SE'/,of the NP,.%of the SE%4 of Section 25,Townsbip 54 South,Range 40 East;
dcscn'bed as fellows:
Begin at the-SE comer of said SE%of the NE V4 of the SE'/.;thence run West along the South
Iline of said SE 1/4 of the NE%+ of t$e.SE%fora distance of 18 feet fox a Point of Beginning;
thence nun North parallel to.the Pest line of said SE 1<of the NB'1,of'thc SE'/4 for a distance of
150 feet;thence rori West parallel to the Soutar line of said SE 1/4 of the NE'/ SE
of the '/4 fora
distance of 100 feet;thence run parallel to the East line of said SE'/+of the NE-1/4 of the SE Y4 for
a distance of 150 foot to the South line of said SE V4 of the NB V4 of the SE '/4;thence run East
along said South line of the SE of the NE%of the SE'/4 fora distance of 100 feet to the-Point'
Of Beginning,less the South 25 feet for public road purposes
-Parcel 5:
The North 180 feet of the South 330 feet of the East 150.feet of Tract 1,of REVISED PLAT OP
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72,•of the
Public Records of Mia#Dade County,Florida.
Parcel 6: '
{ A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thGieoas
recorded in Plat Book 35, at'Page 72, of'tbe Public Records.of Miami-Dade County, Florida,
more partieWaily described as follows:
( That part of the'So>rthcast Quarter of the Notthcast Quarter of the Southeast Quarter of Section
25x Tovdabip 54 South,Range 44 Bast,described as follows
j . .i
Begin at the Southeast comer of Qum
said Southeast Qu 'xr of Northeast Quarter of Southeast .
MIAMI I2S S 979.17332426731
Book25496/Page50 CFN#20070328885 Page 4 of 5
{ ORS K 25496 PG 0051
LAST PAGE
Quartzr l
1 Quarter;thence run West along the South line of said of BBGINI�IINof CT: run, °
Southeast Quarter for a distance of 285 feet for P flleast Quarter 150 feet;'
parallel to East line of said Southeast Quarter-of Northeast Quarter-Of Sour of Northeast Quarter of
thence rvn West parallel to South line of said Southeast Qum
Southeast Quarter 75'dl thence rua South parallel to thr,But line Of said Southeast Quarter of
st Quarter of Southeast Quarter•150 feet to the-South lint of said Souilscast Qwmter of
Northea
Northeast Q=tDr of Sourtheast Quarter; thence East along said South line of the, Southeast
Quarter of Ndrtheast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGDJM NCI,LESS the South 25 feet for public road
i
MIAMI 125E979.1 7 3 3242 673 1
Book25496/Page51 CFN 420070328885 Page 5 of 5
CrH 2007RC328886
OR Bk 25493 Pss 0052 - 72i (21ais)
RECORDED 03/3012007 15=02:31
HARVEY RUVIN► CLERK OF COURT
HIAt1I-DARE COUNTY► FLORIDA
This instrument prepared under the supervision:
and when recorded return to:
Jerry B.Proctor,Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
200 South Biscayne Boulevard (Space Reserved for Clerk)
Suite 2500
Miami,Florida 33131-2336
DEVELOPMENT AGREEMENT '
This Development Agreement is made as of this !A " day ofAUYC4�k 2007, by and
between The City-of South Miami, Florida, a municipal corporation ("City") -and RRC 57`"
Avenue,LLC("Applicant").
Applicant hereby voluntarily makes, declares, and imposes on the property described
below, this agreement running with the title to the land,which shall be binding on and shall inure
to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all
persons claiming by, through, or under them until such.time as this Development Agreement
("Development Agreement")is released in writing as hereinafter provided;
WHEREAS, Applicant owns the property in the City, .in Miami-Dade County, Florida,
legally described on Exhibit "A", also known_as 66.00-6640 S.W. 57 Avenue and 5757 SW 68
Street(the "Property"), and
1-WEREAS, on July 22, 2004. Applicant filed an application with the'City to rezone the
Property from T ODD (MU-4) (Transit Oriented Development District) to PUD-M (Planned Unit
Development Mixed Use),and to obtain site plan approval(the"Application"), and
1• YEREAS, the Florida Local Government Development.Agreement Act, set forth in
sections 163.3220 — 163.3243, Florida Statutes, (the "Act") provides for the execution of
development avrcements 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. Tf1EREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
City hereby agree as follows:
MIAMI 619310.15 7326021531
3/29;07
r
Book25496/Page52 CFN#20070328886 Page 1 of 21
1. Permitted Usm Densities, and intensities. Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
c. Development on the Property shall not exceed five (5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted master site
plan on file at the City, including elevations, architectural features, and estimated
commercial square footage pursuant to Section 20.3-7, City Code.
e. Development of the Property shall be in one(1)phase.
f. A building permif for development of the project must be applied for within 6
months of the date on which this final development agreement is signed, L
notwithstanding the provisions of LDC Section 20-3.7(i), Expirations of PUD
Approvals.
2. Public Facilities: In order to enhance public facilities in the City of South
Miami,Applicant agrees to provide services in compliance with Section 204.1 of
the Code of the City of South Miami,including:
a. 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.
a b. 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.
c. Drainage services that comply with all re q uirements of the Florida Building Code
prior to the occupancy of any buildings. .
d. Based on the projected residential population on the Property, Applicant agrees to
donate $928,000 in one lump sum as its responsibility for meeting park and
recreation conclurency. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost.incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B", incorporated herein by reference.
e. Traffic-Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate Ieft-turn, northbound entrance'lane on Red
Road(SW 57 Avenue)into the northernmost proposed driveway on Red Road on
the Property, prior to the occupancy of any buildings on the Property. In addition,
Applicant will present plans within two (2) years after the recording of this
IALA U 819310.15 7326021531 2
3129/07
Book25496/Page53 ' CFN#20070328886 Page 2 of 21
t
Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvements and landscaping in the center of Red Road(SW 57
Avenue) directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the beautification improvements.
f. Housing—A requirement often percent(10%) of the units will rent to individuals
or families in the moderate income segment of the affordable housing group. If
the residential units convert to condominiums, ten percent (10%) of the units will
be sold to individuals or families in the moderate income .segment of the
affordable housing group. In analyzing.compliance with this paragraph, the City
shall allow minor deviations resulting from short-term vacancies. Incomes shall
be based on Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development. Proof of Compliance with this requirement on
an annual basis shall be provided in.-writing on or before January 15 of the
following year tot In addition, the Applicant shall make a
payment of$100,000 to the City on or before.the issuance of the first certificate of
use and occupancy for the.development on the Property, to be placed in a City
trust fund to assist in the development of low income housing in the 'City's
Community Redevelopment Agency.area.
3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Property Owner receives an
exemption for paying. Operating Millage Taxes from Miami-Dade County-, the
Property Owner-shall contribute an amount equal to the Operating Millage Taxes
to the City of South Miami in any year that such exemption is granted.' This
provision shall not abrogate any of the Property Owner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami-Dade
County.
4. Work Force: In an effort to enhance job opportunities for local citizens,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
Of South Miami, or a substitute .designee by. the City Manager, prior to or
concurrent with the issuance- of any (1) bids for construction work on the
.Property, (2) bids for temporary or permanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property. In regard to
recruitment and employment, the Applicant shall demonstrate that it has used its
best efforts to hire job applicants from the City of South Miami, provided such
candidates are qualified for the positions in ,question. In addition, the Applicant
shall hire two residents from the CRA district to assist the Applicant in providing
construction services during the period of construction and development of the
Property. Payment.for the positions shall be at Applicant's sole expense and shall
be commensurate with.similar.job levels and responsibilities in comparable
industries.
MIAM1.819310.15 7326021531 3
I 3129/07
Book25496/Page54 CFN#20070328886 Page 3 of.21
5. Site Plan.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
.access by public safety vehicles.
C. The entrance at Levante Ave. shall be signalized and approaches installed based
on approval by Miami-Dade County and the, State of Florida Department of
Transportation.
d. The exit for the driveway onto.SW 66 Street shall be designed and operated as a
right turnout only driveway. The exit shall be closed with a gate to prevent turn
out between the hours of 7:00 A.M.and 10:00 A.M.,Monday through Friday.
e. Applicant shall provide a minimum of one(1)stop location on site for service by
the HurryCane.shuttle. The shuttle stop locations shall not interfere with SW 57`h
Avenue traffic. All HurryCane.shuttle passenger pick-ups shall be coordinated
with the City of South Miami shuttle pick-ups to minimize traffic impacts.
f.
Applicant shall provide and maintain landscaping acceptable to.the City between
the.FPL facility and the garage. The applicant must provide a row of 12' high
trees with trunk circumferences not less than 6 inches on the City's property
between the FPL facility and the South Miami Community Center. The row of
trees to be located on the City's property•between the FPL facility and the South
Miami Community Center shall be uniform in appearance and.consist of not less
than 25 trees in the row.
g. Applicant shall provide and maintain a six-foot high CBS wall 'between the
project and the remaining service station.
h. Employee parking shall be restricted to the garage and it shall be the developer's
or his assign's responsibility to.submit with each occupational license.proof that'•
employees are utilizing the assigned parking._
i. Applicant shall provide a master signage -plan for project identification, traffic,
routing, and retail stores prior to final project approval by the'Environmental
Review and Preservation Board(E.RPB).`
j. Applicant shall limit on site lighting property edges to 2 foot-candles of intensity
at an 18 inch height. Within six months of project completion the applicant is to
provide a certified report on the mandated illumination level.
k. Applicant is. to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
MIAMI 919310.15 7320021531 4
3/20117
Book25496/Page55 CFN#20070328886 Page 4 of 21
areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and-adopted and incorporated as an exhibit to the
r Development Agreement prior to final approval of the Development Agreement.
I. All parking and street improvements placed on the public right-of-way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted .prior to.permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting'of the bond shall be provided to
the City.
m. Applicant must limit the types of retail establishments in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City an initial parking plan for
retail stores and shall mainlainthe allocated number of spaces for each occupant.
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o. Applicant shall open up the paseo on the north side as shown on the amended site
plan,as approved by the Planning Board, in order to break up the long facade.of
the residential building.
P. Applicant and the City shall agree on the number of locations of the loading zones
prior to the final approval of the Development Agreement. The dimensions and'
locations of the loading zones shall be attached as an exhibit to the Development
Agreement.
q. Applicant understands -and agrees that the City may eliminate the on-street
parking spaces located on SW 66 Street.
T. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5q, requiring removal of on-street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on-site .
street parking.
s.. The Applicant will commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic permits indicating travel lanes of 10.5
feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Propeny
and the First United Methodist Church to the east, subject to the approval of
Miami-Dade County and the State of Florida Department of Transportation.
MIAMI 819310.15 7326021531 5
3;29%U7
Book25496/Page56 CFN'#20070328886 Page 5 of 21
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by the
Planning Director; said location may change from time to'time.
U. The Applicant shall obtain approval. from the City of a parking plan for
construction workers prior to the issuance of a building permit.
6. Schools. In an effort to assist public schools located within the City, Applicant
voluntarily agrees to donate $34,800 to the Miami-Dade County School Board
("School Board"), to be specifically earmarked for capital improvements at public
schools Iocated in the City: The Applicant's donation shall be paid upon the
issuance of a Certificate of Use and Occupancy for the first residential unit on the
Property. Decisions shall be made jointly by the City and School Board,-and
funds must be spent within two (2) years of the donation. In the event that no
capital improvements can be identified or agreed upon for the expenditure of the
funds within.the two year period,the Applicant's donation may be utilized to fund
programs, purchase materials (such as additional computers) or in any manner
that the School. Board and the City determines will enhance the curriculum and
the students' attending the subject school's educational experience. Terms of the
donation and student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
7. , Unity of Title: Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20-3.7(B)(1),City Code.
NOW THEREFORE, the City,in consideration of the premises, hereby agrees as.
follows:
8. Vesting. As long as the development on the Property is in compliance with this-
Development Agreement, and all applicable laws, ordinances, codes, and policies .
in existence at the time of the execution of the Development Agreement as well as
other requirements imposed by the City'Commission upon the ratification of the
rezoning or the site plan approval on the Property, the Property shall not be the
subject of a downzoning 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 Master Plan. Any failure by this Agreement to address a
particular pemlit, condition, term or restriction.shall not relieve the Applicant of
the necessity of complying with-the law governing said permitting requirements,
conditions, terms or restrictions.
9. Impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
MIAMI 819310.15 7326021531 6
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Book25496/Page57 CFN#20070.328886 Page 6 of 21
10. Concurrence and Consistency. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurreney
requirements, as delineated in Section 20-4.1, City Code. By execution-of this
Agreement, the City acknowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20-4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
1]. Term of Agreement. The provisions of this Development Agreement shall
become effective upon its recordation in;the public records of Miami-Dade
County, Florida, and shall continue in effect for a period often (10)years after the
date of such recordation, after which it may be extended by mutual consent of all
legal and equitable owners of the Property, and the City of South Miami upon
approval at a public hearing.
A2. Annual Report and Review. It shall be the responsibility of Applicant to submit
an annual report to the City sufficient to fulfill the requirements as stated in the
provisions of the Act, and Ordinance No: 11-05-1833. This agreement shall be
reviewed annually on the anniversary of the effective date of this agreement.
Applicant, or its assign, shall submit an annual report at least 3.0 days prior to the
annual review date. This report shall contain a section-by-section listing of what
obligations have been met and the date finalized, as good faith compliance with
the terms of the agreement. The City Commission shall review the annual report
at a public meeting: If the City Commission finds, on the basis of substantial
competent evidence, that there has been a failure to comply with the terms of the
Development Agreement,.the City shall provide the Applicant with a fifteen(15)
day written notice and opportunity to cure the non-compliance.. The Applicant
shall have 45 days after the expiration of the 15-day notice period to begin to cure
the non-compliance, after which the Agreement may be revoked or modified by
the City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is terminated.
13. Modification. The provisions of this_Development Agreement may be amended,
added to, derogated, deleted, modified, or changed from time to time by recorded
instrument executed by the then owners of the Property and.the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD-M development contained in Chapter 20 of the City Land Development
Code.
14. Enforcement. The City, its successor or assigns, and' the Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs and
MIAMI 819310-15 7326021531 7
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Book25496/Page58 CFN#20070328886 Page 7 of 21
disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorney's fees payable under this
paragraph shall not exceed 25%of the judgment.
15.. 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 Applicant, therefore understands and agrees that any
official inspector of the City of South Miami, or its agents duly authorized, may
have the privilege at any time during n'ormal working hours of entering and
investigating the use of the premises to determine whether the Property complies
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and Inspections. In the event the
Applicant(s)-is/are obligated to make payments or improvements under the terms
of this Development Agreement andsuch 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 to grant any inspections, any approvals, or any certificates
of occupancy with regard to that portion of the Property until such time'this
Development Agreement is complied with.
17. Representations of the Applicant. Applicant represents to the City as follows:
a. The execution, delivery and performance• of this Agreement and all other
instruments and agreements executed in connection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant. ..
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid and binding obligations, enforceable against Applicant in accordance with
its terms.
C. There are no actions, suits or proceedings pending or threatened against or
affecting Applicant before any court or governmental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express terms, and shall take all actions necessary to ensure that this
Agreement shall remain in full force and effect at all times.
e. Applicant has the financial capacity to pay or advance in the City all fees and
payments as required under this,Agreement.
18. Severability. If any provision of this Development Agreement or the application
thereof to any person or . circumstances is held invalid, prohibited, or
unenforceable for any reason, this the Development Agreement shalt be
MIAMI 819310.15 7326021531 8
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Book25496IPage59 CFN#20070328886 Page 8 of 21
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparation. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed• against the
Applicant in issues of draftsmanship. The.captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as to any other items or terms which may
fall within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. Captions and Headings. Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22. Applicable Laws,Jurisdiction, and Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in-.accordance with the intemal 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 exclusively in Miami-
'Dade County,Florida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the City:
City Manager
City of South Miami
6130 Sunset Drive
South Miami,Fl. 33143
Copy to:
Planning Director
Planning and Community Development Department
City of South Miami ,
6130 Sunset Drive
South Miami,Fl. 33143
MIAMI 81931015 7326021531 9
3/29/07
Book254961Page60 CFN#20070328886 Page 9 of 21
For the Applicant:
Irma Abella,Esq.
General Counsel's Office
University of Miami
1320 South Dixie Highway,Suite 150
Coral Gables, Fl. 33125
Copy to:
Jerry B.Proctor,Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
200 So. Biscayne Boulevard,Suite 2500
Miami,.F1. 33131
24. Waivers. No failure or delay by Applicant or the City.to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or
to exercise any right or remedy consequent upon the breach thereof, .shall
constitute a waiver of any such breach or any subsequent breach of such covenant,
agreement, term or condition. No covenant, agreement, term, or condition of this
Agreement and no breach thereof shall be waived, altered or modified except by
written instrument. No waiver of any breach shall affect or alter this Agreement,
but each and every covenant, agreement, term and condition of this Agreement
shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
25. Third Party Beneficiary. This Agreement is exclusively for the benefit of the
parties.hereto and their Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the parties hereto.
26. Survival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any .
such termination including.without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27. .Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be extended to the next
day which is not a Saturday,Sunday or legal holiday.
28. Entire Agreement. This Agreement sets forth the entire agreement between the
parties hereto . with respect to the subject matter hereof. All agreements;
covenants, representations, and warranties, express or implied, oral or written, of
the parties with respect to the subject matter hereof are contained herein. No other
agreements, covenants, representations, or warranties, express or implied, oral or
written have been made by any .party to the other with respect to the subject
matter of this Agreement. All prior and contemporaneous conversations,
MIAMI 819310.15 7326021531 10
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Book25496/Page61 CFN#20070328886 Page 10 of 21
I
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereof, are waived, .
merged herein and superseded hereby. Each party affirmatively represents that no
promises have been made to that party that are not contained in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Agreement shall not be supplemented, amended or modified by any course
of dealing, course of performance or uses of trade and may-only be amended or
modified by a written instrument duly executed by officers of both parties.
29. Counterparts. This Agreement may be executed (including by facsimile) in one
or more counterparts, and by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an original but all of which
taken together shall constitute one and the same agreement.
30. Recordation. Within 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant shall cause a copy of the
Development Agreement to be recorded at the Applicant's expense in the registry
of deeds in Miami-bade County.
31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference.
32. Effectiveness. .This.Development Agreement. shall become effective after.the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph #2d. If the Park
donation is not established in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
IN WITNESS WHEREOF, these presents have been executed this C;T% day of
_N1CLVV" ,2007.
MIAMI 619311).15 7326021531 l l
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Book25496/Page62 CFN#20070328886 Page.11 of 21
- i
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts- the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto.
DATED this day ofh�,2007.
CITY OFSOUTH MIAMI
By.
Yvonne S,ler-McKinley "
City Manager
TTEST:
• CLERK
Maria M. Menendez
STATE OF I )
)SS
COUNTY OF - )
he foregoin instrument was acknowledged before me this day of 2007 by
p� of the City of South Miami and attested to by
Maria M. Menendez , City Clerk, of e City of South Miami who are ( )personally known
to me or{ )produced a valid driver's license as identification.
Notary Publi :
Marla M.Menendez
Sign Name: o y
Print Name: r`earia M. Menendez
My Commission Expires:
Serial No. (None, if blank):
[NOTARIAL SEAL)
MARIA M.MENENDEZ IO
"We MY COMMISSN C DO 271979
EXPIRES:binrcC1 16.2008
1�063.nprnRy f4 Abw�.f..n:--J Xax.Co.
N,1nM191Q4 Q.-la_ X7326021531 12
3125/07
Book25496/Page63 CFN#20070328886 Page 12 of 21
IN WITNESS WHEQ„"OF, the'.undersigned party has agreed to this Development
Agreement dated as of the Lf day of Ma .2007.
RRC 57TH Avenue,LLC, a Florida.
limited liability company
Print Name: —Tr rACC By: University of Miami,a Florida non-profit
corporation,its s e m tuber
� 1 dy. l
ame: Joseph. Natoli
Print Name: 1f5�14 f Title: Senior ice President for Business
and Finance
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me thiSl-day 0
2007,,by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the versify
of Miami,-a Florida non-profit corporation, the Sole Member of RRC 571h Avenue, LLC, a
Florida limited liability company. Hg/She is pe� rsonall�known to me, or has produced a State of
driver's license as identification.
Sign Name:
Print Name:
My Commission Expires:
Serial No. (none,if blank): f
(NOTARY SEAL)
NOTARY PUBLIC-STATE OF pLOR1DA
Melddy M. Smith
Commission#DDSE9811
Expires: OCT. 10,2010'
BONDED THRU ATIAhM BONDING CO.,INC.
MIAMI 819310.15 7326021531 13
3/28/07
SOUTH MIAMI& RRC 57TH AVENUE
DCA#920DA
Book25496/Page64 CFN#20070328886 Page 13 of 21
EXHIBIT"A"
Legal Description
Parcel 1:
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County,Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
Tile East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD,.according to the Plat Thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County,Florida.
Parcel 3:
The North 132 feet of the SE '/4 of the NE '/4 of the SE `/4 of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE I of the NE '/ of the SE '/4
of Section 25, Township 54 South,Range 40 East.
Parcel 4:
That part of the SE %4 of the NE %4 of the SE '/4 of Section 25,Township 54 South, Range 40 East, .
described as follows:
Begin at the SE corner of said SE %4 of the NE, '/4 of the SE '/; thence run West along the South
line of said SE '/4 of the NE '/4 of the SE '/4 for a distance of 185-feef for a Point'of Beginning;
thence run North parallel to the East line of said SE `/ of the NE '/4 of the SE ''/4 for a distance of
150 feet; thence run West parallefto the South line of said SE 1/4 of the NE `/4 of the SE '/ for a.
distance of 100 feet; thence run parallel to the East line of said SE % of the NE '/4 of the SE 1/4 for
a distance of 150 feet to the South line of said SE '/4 of the NE %4 of the SE '/4; thence run East
along said South line of the SE '/4 of the NE '/4 of the SE '1/4 for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road.purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County,Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, .Florida,
more particularly described as follows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25,Township 54 South, Range 40 East,described as follows:
Begin *at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 1258979.1 7332426731
Book25496/Page65 CFN#20070328886 Page 14 of 21
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet;
thence run. West parallel to South line. of said Southeast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter-]50 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter, thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF .
BEGINNING,LESS the South 25 feet for public road.
MIAMI 1258979.1 7332426731
Book25496/Page66 CFN#20070328886 Page 15 of 21
EXHMIT"B"
PROPOSED— PARK CONCURRENCY
Red Road Commons
On or before the issuance of the first building permit for the Project, the
Applicant will pay a Park and Recreation Concurrency fee (the "Park Fee") to the
City of South Miami (the "City") of$928,000. This payment will-reserve sufficient
park concurrency to satisfy the demand of up to 409 multi-family residential units
to be developed on the Property and will be reserved as such for as long as-the
"Development-Agreement"governing the Project remains in full force and effect.
In addition to the Park Fee, the Applicant will pay an interest fee (the
"Interest Fee")'to the City.for interest accruing after the City's approval of the
Development Order for the Project on April 9, 2005. If the Interest Fee is paid on '
or before November 17, 2006, said Fee-is$43,173.60. If the Interest Fee is paid
between.November 18, 2006 and February 17, 2007, said Fee is $53,164.20. If,
the Interest Feb is paid between February 18, 2007 and May 17, 2007, said Fee
is $58,826.40. If the lnterest Fee is paid between May 18, 2007 and August 17,
2007, said-fee is $64,403.40. If the lnterest Fee is paid between August 18, 2007
and November 17, 2007, said Fee is $69,895.20. ;
MIAMI 11545.95.1 7000060147
Book25496/I?age67 CFN#20070328886 Page 16 of 21
"REVISED"
SCHOOL IMPACT REVIEW ANALYSIS
November 16, 2004
APPLICATION: Red Road Commons
REQUEST: Development under the existing TODD (MU-4)zoning
ACRES: 7.09 net acres
LOCATION: 6600 and 6640 SW 57"i Avenue and 5757 SW 68'" Street, South
Miami
NUMBER OF
UINITS: 143 units (Current TODD Zoning allows for 266 residential units.
Developer Is proposing 409 residential units, thus generating a net
density increase of 143 units)
MSA: 5.3 =0.20 Multifamily
ESTIMATED
STUDENT
POPULATION: 29 students`
ELEMENTARY: 13
MIDDLE: 7
SENIOR: 9
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Sunset Elementary-5120 S.W.T2 Street
Coral Gables Elementary—450 Bird Road
G.W. Carver Elementary—238 Grand Avenues
MIDDLE: Ponce De Leon Middle-5801 Augusto St.
SENIOR HIGH: Coral Gables Senior-450 Bird Rd.
`Based on Census 2000 Information provided by Miami-Dade County Department of
Planning and Zoning.
2'd D9GbS66SOE JWIWWd1d 31IS Wdeb:S *002 by oaa
Book254961Page68 CFN#20070328886 Page 17 of 21
The following population and facility capacity data are as reported by the Office of
Information Technology,as of September 2003:
STUDENT FISH DESIGN %uTIL?1tT1oN NUMBER OF % UTILIZATION
POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN
PERMANENT CAPACITY STUDENT CAPACITY
PERMANENT STATIONS PERMANENT
AND
RELOCATABLE
Coal Gables 7581 457 162%/ 62 143%1
Elementary. 762' 163%' 1440W
Sunhat Sementary 1,0821 734 147%/ 208 115%1
1,086 148%` 115%
G.W.Carver 6011 1".Old 12S'i61
Eferrientery 6056 416 144V 126X•
Ponce De Lean 1.5321 125%1 108%1
Middle 1,539' 1'2 126%' 198 108°6`
Coral Gables Senior 3,6091 173%1 165YJ
3.618 2,092 173%1 95 185%*
Increased student population as a result of the proposed.development
Note:
1) The cumulative effect of other approved or proposed developments in the vIcIn4 Is not
included as part of this analysis.
2) Figures above refl ect the Impact of the class sizes amendment
3) Pursuant to the Intedocal Agreement, Coral Gables Elementary, Sunset Elementary, G. W.
Carver Elementary and Coral Gables Senior High schools meet the review threshold.
ADDITIONAL SCHOOL INFORMATION: The following information was provided by
school site personnel or other data sources In October 2003:
Sunset Efementar9r
Access to computers: in each classroom and Media Center-
. daily access
Capital Improvements since 1990: Classrooms and Media Center
Recognition for Academic Achievement: Grade"A'. .
Special Programs: Before-school care, Magnet programs.
enrichment classes and after
Lunch schedule: Begins at 10:30 a.m. —ends 1:00 p.m.
Non-instructional space utilized for
Instructional purposes: None
Teachers required to floathravel. Fourteen teachers
E'd 09G4S66SOE 9WIWWUld 31IS Wdei•=S b00Z bI 00a
Book25496/Page69 CFN#20070328886 Page 18 of 21
i
Coral Gables Elementart
Access to computers: in each classroom(PK-5''grade),
special computer labs and Media Center
Capital Improvements since 1990: None
Reoognition for Academic Achievement: "A+'Florlds School
Special Programs: After-school care
Lunch schedule: From 10:25 a.m. to 1:00. p.m.
Non-instructional space utilized for
Instructional purposes: Auditorium Lobby, ESOL pullout and
CCHL pullout
Teachers required to floatf(mvel:. Spanish S, Spanish SL, CCHL, ESOL,
Art, Music
G. W. Carver Elementery
Access to computers: In each classroom and Media Center
Capital Improvements since 1990: None
Recognition for Academic Achievement: Grade "A`
Special Programs: After-school tutoring
Lunch schedule: Begins at 10:30 a.m.—ends at noon
Non4nstructional space utilized for
Instructional purposes: None
Teachers required to float/travel: Music and Art.
b 'd .09L4565SOE SWIWWUld 31I5 wd®4:S b00Z iT ��Q
Book25496/Page70 CFN#20070328886 Page 19 of 21
Ponce De Leon Middle
Access to computers: In each classroom, In special computer
labs and Media Center
Capital Improvements since 1990: Classrooms,Art/Music Suites and
Science Labs
Recognition for Academic Achievement: "B"school
Special Programs: Magnet programs and Community and.
Vocational classes
Lunch schedule: Begins at 11:30 a.m.
Non-instructional space utilized for
Instructional purposes: None
Teachers required to float/travel: Language Arts, ESOL, Math, Science
and Geography
Coral Gables Senior Hiah
Access to computers: In each classroom, in special computer
labs and Media Center
t
Capital Improvements since.19910: None
Recognition for Academic Achievement: Sterling Challenge
Special Programs: Magnet programs and Enrichment and
Vocational classes
Lunch schedule: Begins at 10:37 a.m.
Non-instructional space utilized for
Instructional purposes: None
Teachers required to float/travel: Science, Math, Biology, ESE, History,
Language Arts, ESOL, Business and
Childcare
S'd 09Lt+S66SOE OwI"wUld 311s Nd81+:S irooa bT oao
Book25496/Page71 CFN#20070328886 Page 20 of 21
O` BFI 25496 PG 0072
LAST PAGE
PLANNED RELIEF SCHOOLS IN THE AREA(information as of November 2004):
School Status Occuoancv Date
Coral Gables Senior High School Under design 2005-06
830-student stations addition
(District will remove 310 existing
student stations housed in portables ,
Providing a net increase of 520
student capacity.)
JRE Lee conversion to elementary
(786 student stations) Pre-Planning 2011
OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade
students amounts.to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total$169,157.
CAPITAL COSTS: Based on the State's November 2004 student station cost factors',.
capital costs for the estimated additional students to be generated by the proposed
development are:
ELEMENTARY 13 x $ 13,452 = $174,876
MIDDLE 7 x $ 15,423 = $107,961
SENIOR 9.x $ 20,409 = $183,661
Total Potential Capital Cost $466,518
Based on Information provided by,the Florida Department of Education, Office of
Educational Facilities Budgeting. Cost per student station does not Include land cost.
9 -d . 09GbSSssoe 9W1WWH1d 311S Wdsb:5 i,00Z 4i oila
Book25496/Page72 CFN#20070328886 Page 21 of 21