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5876 SW 68 ST_OFF SITE PKG AGRMT This instrument prepared by: City of South Miami Planning& Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 OFF-SITE PARKING AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational License by the City of South Miami for the operation of a school (the "Business") located at 5876 SW 681h Street, South Miami, Florida (the "Building") is conditioned upon the applicant's compliance with the terms set forth below. SOMI Group, LLC, (Owner/Applicant) operator of the business fully understands that in order to obtain a Building Permit, a Certificate of Use, a Certificate of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business I agree to the following: 1. The use of the new Building as a school requires the provision of 60 parking spaces. 2. Forty-Eight (48) of the required parking spaces shall be provided on the Building site to be used as required parking. 3. Pursuant to Land Development Code Section 20-4.4 (A)(1) the City hereby agrees that twelve (12) off-site parking spaces located adjacent to the Building at 5876 SW 68`h Street are to be credited as required parking spaces for the Business. The spaces credited are on street spaces located on SW 681h Street and SW 58`h Place. The subject spaces are not currently assigned to or credited to any other business or property. (See attached Exhibit "A" showing the location of the twelve on-street credited parking spaces). 5. The City agrees that as long as the applicant adheres to the intent of this Agreement and uses the property for the use as a school and otherwise complies with the Land Development Code the City shall permit the use of the spaces to meet the parking requirements. 6. In the event, the Applicant's property ceases to be used as a school for a period of six months or more, the City may immediately terminate this Agreement. 7. If at any time, the Applicant ceases to provide the required 48 on-site parking spaces, the City will have the right to require that operation of the Building as a school shall cease until such time as adequate proof of the required on-site sXis provided to the Planning Department. Page 1 of 4 I {218689.0008/M1847144_1} - y 8. This agreement applies only to the current Business, and the current Owner/Applicant. 9. Yearly renewal of the Occupational License for the Applicant's Business shall include reference to this off-site parking agreement. 10. The undersigned property Owner (Applicant) and any successor in interest agrees to pay into the City Parking Fund the annual fee set forth in Land Development Code Section 20-4.4 (A)(3) for each of the twelve (12) off-site parking spaces described in this agreement. Payment of the Fee shall be made within fifteen (15) days from the effective date of this Agreement. 11. This Agreement shall be recorded at the Applicant expense in the Official Public Records Book of Miami Dade County. 12. The City agrees that as long as the property Owner/Applicant adheres to the intent of this Agreement, maintains the Building, and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the 12 off-site parking spaces. 13. In the event, the Building is demolished, the City may terminate this Agreement. 14. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by Jury. 15. Any notices by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: City Manager City of South Miami, Florida 6130 Sunset Drive South Miami, Florida 33143 For the Owner/Applicant: SOMI Group, LLC 3326 Mary Street, Suite 602, Miami, Florida 33133 Page 2 of 4 OMI ity {218689.0008/M1847144_1} and SOMI Group, LLC's Registered Agent: AV Development Group, LLC 3326 Mary Street Suite 602 Miami, Florida 33133 16. This Agreement shall be construed in accordance with the governed by the laws of the State of Florida, and the City Code. Exclusive venue for any litigation arising out of this Agreement shall be in Miami-Dade County, Florida, or the Southern District of Florida. In the event of any litigation concerning this agreement, the parties hereby agree to waive any trial by jury. 17. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 18. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 19. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 20. The Business Owner/Applicant shall comply with this Agreement, the Resolution and all applicable laws, ordinances, rules, regulations, and lawful orders of the City relating to the Proposed Use. 21. This Agreement may be executed in several counterparts each of whom shall be deemed an original and such counterpart shall constitute one and the same instrument. 22.' Owner/Applicant warrants, covenants and agrees with City that City shall have the right to enter upon the Business premises at such times and at such places during reasonable business hours, for the purpose of inspecting the premises or for any purpose whatsoever. 23. Each of the signatories to this agreement warrant that he or she is duly authorized, by the appropriate action of his or her respective City Commission, board of directors or other authority, to execute this agreement and to bind the parties hereto to the promises, terms, conditions and warranties contained in this agreement. Page 3 of 4 OMI City {218689.0008/M 1847144_1} I J ' 24. Owner/Applicant may not assign this agreement to a third party without the express written consent of the City Commission. IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates under each signature: The City, signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same and by Owner by and through its President, who has been duly authorized to execute same. AGREEMENT: The applicant agrees that the subject Business will cVmt ll of the standards contained her Date: e'n. SO I Gr LC, Ag stin b o, Manager STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Subscribed and acknowledged before me by D�SGaww LL C , on this -S* day of AuI a t 2004 41ax T» o,NAa ►seR/ ANGELA D.GONZALEZ MYCAMMISSIONI«DD891134 Notary State of Florida At Large * EXPIRES:May 20,2013 �� OfF�POe ed Tft gpdgetNdery Sys Print Name: '1G �f'.D 42 74 z/-Y1G-y Approved By: City of South Miami BY. a �O� • Date: 08 2.Co b 9 W. Ajibola Ba gun, REM, CFEA City Manager COPIES OF THIS DOCUMENT WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICENSE FILES IN THE FINANCE DEPARTMENT. 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Vageline, Director Planning and Zoning Department Date: August 27, 2009 Re: Off-Site Parking Agreement SOMI Somerset School,5876 SW 68th Street Attached is a copy of the Off-Site Parking Agreement for SOMI Group which will allow the school at 5876 SW 68th Street to count on-street spaces as part of their required parking. They must pay $1,000 annually for each of 12 spaces as set forth in paragraph No. 10 of the agreement. Section 20-4.4 (A)(3) of the LDC requires that this money be deposited in the general Parking Fund. Please note that the same paragraph No. 10 requires a first payment within 15 days of the effective date of the agreement(August 26, 2009) Please keep this agreement on file. The annual parking fee must be paid at the same time of the annual occupational license renewal. (paragraph No. 9) Attachment: Parking Agreement LDC Section 20-4.4(A)(3) c. Victor Citarella, Building Director TN/SAY XAParking Off-Site\SOMI School Off-Site Parking.doc 20-4.3 SOUTH MIAMI LAND DEVELOPMENT CODE commission may adjust this fee.from time to time in order to reflect the current costs of installation.The city or one(1)of the firms approved by the city,to hang and remove the banners will be the only entities performing this task. (Ord.No. 1-91-1466, 1-15-91;Ord.No. 9-92-1504,5-19-92;Ord.No.4-93-1533,6-1-93;Ord.No. 18-93-1544, §§ 2, 3, 11-16-93; Ord. No. 19-96-1619, § 1, 10-1-96; Ord. No. 6-98-1654, § 3, 4-21-98; Ord. No. 9-99-1683, §§ 2, 3, 5-4-99; Ord. No. 22-01-1753, § 1, 10-2-01; Ord. No. 10-07-1911, § 1, 5-1-07) 20-4.4 Off-street parking requirements. (A) Applicability. All structures and uses which are erected, established or enlarged within the City shall provide adequate off-street parking spaces and control mechanisms for on-site vehicular and pedestrian traffic in order to insure the safety and convenience of the public pursuant to the requirements of this section. (1) On-street parking spaces not currently assigned or credited to other properties adjacent to a lot may count toward the parking requirements for a building set forth below in subsection (B) for that lot, provided that the property owner complies with subsection 20-4.4(A)(3);a partial space longer than eleven(11)feet shall count as a full space. (2) Unimproved rights-of-way adjacent to business property in commercial zoning dis- tricts may be improved by the abutting property owner for credit as on-street parking spaces by written agreement approved by the application to the City Manager provided that the property owner complies with subsection 20-4.4(A)(3).The City Manager upon the advice of the Parking Board,will determine if the installation of parking meters is warranted and appropriate for the area. (3) An annual fee of one thousand dollars ($1,000.00),per space,which shall increase five (5) percent annually, shall be paid into the Parking Fund for all on-street parking spaces which are credited or counted toward required parking for new structures, or a change in use that increases the minimum number of off-street spaces required after the date of January 2, 2008. (Ord. No. 31-08-1966, § 1, 8-27-08) (B) Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit,provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one(1)or more bedrooms,plus an additional visitor space for every ten(10)units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. Supp.No. 12 92.2 Page 1 of 1 Youkilis, Sanford From: Luis Figueredo [Ifigueredo @fbm-law.com] Sent: Tuesday, August 25, 2009 4:15 PM To: Youkilis, Sanford Subject: RE: Off-Site Parking Agreement SOMI Corp. Agreement is fine From: Youkilis, Sanford [mailto:Syoukilis @cityofsouthmiami.net] Sent: Tuesday, August 25, 2009 2:47 PM To: Figueredo, Luis Cc: Balogun, Ajibola Subject: Off-Site Parking Agreement SOMI Corp. The SOMI Corp. has now signed the attached Off-Site Parking Agreement for their Somerset School Project. This allows 12 on-street meter spaces to be counted toward their required 60 spaces. They will be required to pay $1000 per space annually into the City's general parking fund. Although previous approved by your office please do a final review prior to the City Manager's signing. Sandy Y. NOD32 4366 (20090825) Information This message was checked by NOD32 antivirus system. http://www.eset.com 8/25/2009 Page I of 1 Youkilis, Sanford From: Luis Figueredo [Ifigueredo @fbm-law.com] Sent: Tuesday, August 25, 2009 4:15 PM To: Youkilis, Sanford Subject: RE: Off-Site Parking Agreement SOMI Corp. Agreement is fine From: Youkilis, Sanford [mailto:Syoukilis @cityofsouthmiami.net] Sent: Tuesday, August 25, 2009 2:47 PM To: Figueredo, Luis Cc: Balogun, Ajibola Subject: Off-Site Parking Agreement SOMI Corp. The SOMI Corp. has now signed the attached Off-Site Parking Agreement for their Somerset School Project. This allows 12 on-street meter spaces to be counted toward their required 60 spaces. They will be required to pay $1000 per space annually into the City's general parking fund. Although previous approved by your office please do a final review prior to the City Manager's signing. Sandy Y. NOD32 4366 (20090825) Information This message was checked by NOD32 antivirus system. http://www.eset.com 8/25/2009 ALEJANDRO REMOS, R.A. ARCHITECTS August 17, 2009 RE Somerset Academy @ SOMI—Permit#0949 5876 SW 68th Street, South Miami,FL. 33143 To City of South Miami Zoning Inspector Marcus Lightfoot, As Architect of Record for the above referenced project, I have conducted a field inspection, and have found the parking spaces to be in conformance with the approved plans prepared by this office. Specifically, on the date of the inspection, I hereby certify that there were 48 on site spaces of which 2 were handicap spaces, and 12 off site spaces for a total of 60 parking spaces. Sincere , Aleja dro Remos, R.A. State of Florida Registered Architect#AR11702 State of Florida Certified General Contractor#CGCO54318 18501 Pines Blvd. Suite 107 -Pembroke Pines Fl. 33029 (954)442-7122 *Fax: (954)442-7190 * email: remosbldg @aol.com Adorno fit- Yoss a limited liability partnership 2525 Ponce de Leon Boulevard, Suite 400 Miami, Florida 33134-6012 Phone: (305) 460-1000, Fax: (305) 460-1422 www.adorno.com MERCEDES M.SELLEK DIRECT LINE: (305)460-1032 DIRECT FAx: (305)503-8271 EMAIL: MSELLEKa@ADORNO.COM February 10,2009 Via Electronic Mail Sanford A. Youkilis Acting Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: SOMI Group,LLC development of 5876 S.W. 68 Street(the "Project"); Request for off-street parking lease for twelve(12)spaces Dear Mr. Youkilis: Following your conversation of even date with our client SOMI Group LLC,please allow this to serve as our client's request to lease off-site, on street parking from the City of South Miami in order to fulfill the requirements of City Ordinances 20.4 and 20.8. Our client would request twelve(12)parking sites as indicated on sheet C-1 of the full set of,plans submitted for the Project known as Somerset at South Miami(see attached for your ready reference). We await the City's standard form of lease from the City Attorney so that we may review, execute the same, and record a memorandum of lease, if permitted. We thank you for your consideration of this request and appreciate your prompt attention to the completion of same. Very truly yours, ADO O & S,LLP CEDES M. SEL K MMS/emo Enclosures cc: Alejandro Remos,RA Agustin Abalo, SOMI Group, LLC (218689.0008/M1783172_1) California Florida Georgia Illinois Massachusetts Missouri New Jersey New York Texas Washington, D.C. �e j��a'o l�66� e i e� E! A l l S V all;1 rLlIIGfIB L,ll®d s=.e ii ii I g� I sGTT 1 gu Id 11 • � I' I d C I I p gE g� gg� � •L�.J Ad .� E oSo � II ii 0 I - ------ - - -------- -- - i.. Yj" _�L�FLF'•�.� - ii - - -- -M•5---- -- --- OV-1d 4185 • E I I ITI ----- - -- ----- ,I I I I E lJ II I I .• 4)3+91.��L QNQ .� ♦{.l� � ri= ... (�3tl),99'1.1 - f'lfllf3 ��so- .0 N E II ' gm •C � Idi E seiS " �i(4(° na I @4a d I 11 II III L� 11 • a E I " / ` 11 m I 11 eeo-dONG I .p �"III a SIN3001S u ii minomsmd r.w I - R I(3m)w,., 3.vf,roaof 1 I .a,9Y ' b u u _ ii� ��•� I� 1—�� � III I :s€ tl.oc �• as -fix b3 i mw ` y( �& ilt € E( F Y gs §� •�° x ggib I- Wixboa o § � g b Q o o Ea s( &fib=Hil Hi � y= 'rip J� Ii-� 'b 1i 12 @ g ° " is >i ,< x gs dab >03 s>f xa s9�gGgtl. (`" « Y 8s egg 9:;e3< :Q= ig 8 . G n x s= ° ai r€ b � .=x2 � � s �5gr tgsgs •��I gqg{ 2 g 3 L:M 82 F €E NAGIN P.A. Attorneys & Counselors 3225 Aviation Avenue-Thjxd Floor Takpbow(305) 854-5353 Miami Florida 33133-4741 Facsimile-(305) 854-5351 FAX TR.A,N'SMISSION COVER SHEET Date: March 2, 2009 To: Sandy Youkilis Planning&Zoning Department Fax: (305)666-4591 Phone: Re: Original being mailed to you. Client/ Matter: 0022-083 Sender: Laura/Eve Boutsis Comments: YOU SI-YOULD RECEIVE 5 PAGE(S), INCLUDING THIS COVER SIYE'ET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL(305)854-5353 This transmission is protected by attorney-client and work product legal privileges, is strictly confidential, and solely is intended for review by the above addressee. If you received this in error,please read no further. Call (305)854.5353 and arrangements immediately will be made to retrieve this at no expense to you. Adorno & Yoss a limited liability partnership 2525 Ponce de Leon Boulevard, Suite 400 Miami, Florida 33134-6012 Phone: (305) 460-1000, Fax: (305) 460-1422 www.adorno.com MERCEDES M.SELLEK DIRECT LINE: (305)460-1032 DIRECT FAX: (305)503-8271 EMAIL: MSELLEKt?a ADORNO.COM February 10,2009 Via Electronic Mail Sanford A. Youkilis Acting Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: SOMI Group,LLC development of 5876 S.W. 68 Street(the "Project"); Request for off-street parking lease for twelve(12) spaces Dear Mr. Youkihs: Following your conversation of even date with our client SOMI Group LLC,please allow this to serve as our client's request to lease off-site, on street parking from the City of South Miami in order to fulfill the requirements of City Ordinances 20.4 and 20.8. Our client would request twelve(12)parking sites as indicated on sheet C-1 of the full set of plans submitted for the Project known as Somerset at South Miami(see attached for your ready reference). We await the City's standard form of lease from the City Attorney so that we may review, execute the same, and record a memorandum of lease, if permitted. We thank you for your consideration of this request and appreciate your prompt attention to the completion of same. Very truly yours, ?CEDES O& S,LLP M. SEL K MMS/emo Enclosures cc: Alejandro Remos,RA Agustin Abalo, SOMI Group, LLC (218689.0008/M1783172_1) California Florida Georgia Illinois Massachusetts Missouri New Jersey New York Texas Washington, D.C. Adorno fit- Yoss , a limited liability partnership 2525 Ponce de Leon Boulevard, Suite 400 Miami, Florida 33134-6012 Phone: (305) 460-1000, Fax: (305) 460-1422 www.adorno.com MERCEDES M.SELLEK DIRECT LINE: (305)460-1032 DIRECT FAx: (305)503-8271 EMAIL: MSELLEK @ADORNO.COM February 10,2009 Via Electronic Mail Sanford A. Youkilis Acting Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: SOMI Group,LLC development of 5876 S.W. 68 Street(the "Project"); Request for oMstreet parking lease for twelve(12)spaces Dear Mr. Youkilis: Following your conversation of even date with our client SOMI Group LLC,please allow this to serve as our client's request to lease off-site,on street parking from the City of South Miami in order to fulfill the requirements of City Ordinances 20.4 and 20.8. Our client would request twelve(12)parking sites as indicated on sheet C-1 of the full set of plans submitted for the Project known as Somerset at South Miami(see attached for your ready reference). We await the City's standard form of lease from the City Attorney so that we may review, execute the same, and record a memorandum of lease, if permitted. We thank you for your consideration of this request and appreciate your prompt attention to the completion of same. Very truly yours, ADO O & S,LLP CEDES M.SEL K MMS/emo Enclosures cc: Alejandro Remos,RA Agustin Abalo, SOMI Group, LLC (218689.0008/M1783172_1) California Florida Georgia Illinois Massachusetts Missouri New Jersey New York Texas Washington, D.C. Page 1 of 1 Youkilis, Sanford From: Mercedes M. Sellek[msellek @adorno.com] Sent: Tuesday, February 10, 2009 2:25 PM To: Youkilis, Sanford Cc: Gus Abalo, AV Development Group; RemosBldg @aol.com; JCRedero @comcast.net Subject: Letter to City of South Miami re: Parking request from SOMI Group, LLC Importance: High Dear Mr. Youkilis: Following your discussion of this morning, attached please find our client's request re: the parking for the SOMI Group LLC project. Any questions,please let us know. Thank you Mercy Sellek Mercedes M. Sellek,Esq. Adorno & Yoss LLP 2525 Ponce de Leon Blvd., Suite 400 Miami, FL 33134 Main: (305) 460-1000 Direct Line: (305) 460-1032 Direct Fax: (305) 503-8271 Email: msellek @adomo.com IRS Circular 230 disclosure:To ensure compliance with requirements imposed by the IRS,we inform you that any U.S. federal tax advice contained in this communication(including any attachments)is not intended or written to be used,and cannot be used,for the purpose of(a)avoiding penalties under the Internal Revenue Code or(b)promoting,marketing or recommending to another party any transaction or matter addressed herein. THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL,OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S)NAMED.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION,COPYING,OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED. Before you print this email or attachments,please consider the negative environmental impacts associated with printing. 2/10/2009 Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 OFF-SITE PARKING AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational License by the City of South Miami for the operation of a school (the "Business") located at 5876 SW 68th Street, South Miami, Florida (the "Building") is conditioned upon the applicant's compliance with the terms set forth below. SOMI Group, LLC, (Owner/Applicant) operator of the business fully understands that in order to obtain a Building Permit, a Certificate of Use, a Certificate of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business.1 agree to the following: 1. The use of the new Building as a_ school requires the provision of 60 parking spaces. 2. Forty-Eight (48) of the required parking spaces shall be provided on the Building site to be used as required parking. 3. Pursuant to Land Development Code Section 20-4.4 (A)(1) the City hereby agrees that twelve (12) off-site parking spaces located adjacent to the Building at 5876 SW 68th Street are to be credited as required parking spaces for the Business. The spaces credited are on street spaces located on SW 68th Street and SW 58th Place. The subject spaces are not currently assigned to or credited to any other business or property. (See attached Exhibit "A" showing the location of the twelve on-street credited parking spaces). 5. The City agrees that as long as the applicant adheres to the intent of this Agreement and uses the property for the use as a school and otherwise complies with the Land Development Code the City shall permit the use of the spaces to meet the parking requirements. 6. In the event, the Applicant's property ceases to be used as a school fora - period of six months or more, the City may immediately terminate this Agreement. 7. If at any time, the Applicant ceases to provide the required 48 on-site parking spaces, the City will have the right to require that operation of the Building as a school shall_cease until such time as adequate proof of the required on-site spaces is provided to the Planning Department. 8. This agreement applies only to the current Business, and the current Owner/Applicant. Pagel of 4 sOMI City 2 9. Yearly renewal of the Occupational License for the Applicant's Business shall include reference to this off-site parking agreement. 10. The undersigned property Owner (Applicant) and any successor in interest agrees to pay into the City Parking Fund the annual fee set forth in Land Development Code Section 20-4.4 (A)(3) for each of the twelve (12) off-site parking spaces described in this agreement. Payment of the Fee shall be made within fifteen (15) days from the effective date of this Agreement. 11. This Agreement shall be recorded at the Applicant expense in the Official Public Records Book of Miami Dade County. 12. The City agrees that as long as the property Owner/Applicant adheres to the intent of this Agreement, maintains the Building, and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the 12 off-site parking spaces. 13. In the event, the Building is demolished, the City may terminate this Agreement.: 14. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by Jam'• 15. Any notices by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail_ with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: City Manager City of South Miami, Florida 6130 Sunset Drive South Miami, Florida 33143 For the Owner/Applicant: SOMI Group, LLC 3326 Mary Street, Suite 602, Miami, Florida 33133 and- SOMI Group, LLC's Registered Agent: Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 AV Development Group, LLC 3326 Mary Street Suite 602 Miami, Florida 33133 16. This Agreement shall be construed in accordance with the governed by the laws of the State of Florida, and the City Code. Exclusive venue for any litigation arising out of this Agreement shall be in Miami-Dade County, Florida, or the Southern District of Florida. In the event of any litigation concerning this agreement, the parties hereby agree to waive any trial by jury. 17. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 18. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 19. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 20. The Business Owner/Applicant shall comply with this Agreement, the Resolution and all applicable laws, ordinances, rules,regulations, and lawful orders of the City relating to the Proposed Use. 21. This Agreement may be executed in several counterparts each of whom shall be deemed an original and such counterpart shall constitute one and the same instrument. 22. Owner/Applicant warrants, covenants an d agrees with City that City shall have the right to enter upon the Business premises at such times and at such places during reasonable business hours, for the purpose of inspecting the premises or for any purpose whatsoever. 21 Each of the signatories to this agreement warrant that he or she is duly authorized, by the appropriate action of his or her respective City Commission, board of directors or other authority, to execute this agreement and to bind the parties hereto to the promises,terms, conditions and warranties contained in this agreement. 24. Owner/Applicant may not assign this agreement to a third party without the express written consent of the City Commission. Page 3 of 4 SOMI City 2 IN WITNESS WHEREOF, the parties execute this Agreement on 'the respective dates; under each signature: The City, signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same and by Owner by and through its President, who has been duly authorized to execute same. AGREEMENT: The applicant agrees that the subject Business will conform to all of the standards contained herein. Date: SOMI Group LLC, Alejandro Remos, Manager STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Subscribed and acknowledged before me by , on this day of ,"2007 Notary State of Florida At Large Print Name: Approved By: City of South Miami BY: Date: W. Ajibola Balogun, REM, CFEA City Manager COPIES OF THIS DOCUMENT WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING DEPARTMENT AND- THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICENSE FILES IN THE FINANCE DEPARTMENT; Attachment Exhibit "A" X.•IParking Off-SiteU876 SW 68 Str Off Site Parking Agreement.doc Planning&Zoning Department --- -. 61 sunset Drive ^�A IF Soutut h Miami,Florida 33143 U Ph: 305.663-6326 Fax: 305-668-7356 OFF-SITE PARMG AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational License by the City of South Miami for the operation of a school(the "Business") located at 5876 SW 68"' Street, South Miami, Florida (the "Building) is conditioned upon the applicant's compliance with the terms set forth below. SOMI Group, LLC, (Owner/Applicant) operator of the business fully understands that in order to obtain a Building Permit, a Certificate of Use, a Certificate of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business I agree to the following: 1. The use of the new Building as a school requires the provision of 60 parking spaces. 2. Fofcy-Eight (48) of the required parking spaces shall be provided on the Building site to be used as required parking. 3. Pursuant to Land-Development Code Section 20-4.4 (A)(1) the City hereby agrees that twelve (12) off-site parking spaces located adjacent to the Building at 5876 SW 68th Street are to be credited as required parking spaces for the Business.The spaces credited are on street spaces located on SW 68`s Street and SW 58'h Place. The subject spaces are not currently assigned to or credited to any other business or property. (See attached Exhibit "A" showing the location of the twelve on-street credited parking spaces). S. The City agrees that as long as the applicant adheres to the intent of this Agreement and uses the property for the use as a school and otherwise complies with the Land Development Code the City shall permit the use of the spaces to meet the parking requirements. 6. In the event, the Applicant's property ceases to be used as a school for a period of six months or more,the City may immediately terminate this Agreement. 7. If at any time, the Applicant ceases to provide the required 48 on-site parking spaces, the City will have the right to require that operation of the Building as a school shall cease until such time as adequate proof of the required on-site spaces is provided to the Planning Department. & This agreement applies only to the current Business, and the current Owner/Applicant. Page 1 of 4 SOMI City i Pr ` 2 9. Yearly renewal of the Occupational License for the Applicant's Business shall include reference to this off-site parking agreement. 10. The undersigned property Owner (Applicant) and any successor in interest agrees to pay into the City Parking Fund the annual fee set forth in Land Development Code Section 20-4.4 (A)(3) for each of the twelve (12) off-site parking spaces described in this agreement. payment of the Fee shall be made within fifteen (15) days from the effective date of this Agreement. 11. This Agreement shall be recorded at the Applicant expense in the Official Public Records Book of Miami Dade County. 12. The City agrees that as long as the property Owuer/Applicant adheres to the intent of this Agreement, maintains the Building, and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the 12 off site parking spaces. 13. In the event, the Building is demolished, the City may terminate this Agreement. 14. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by Jury 15. Any notices by this Agreement shall be in writing and shall be. deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors)at the following addresses: For the City: City Manager City of South Miami,Florida 6130 Sunset Drive South Miami,Florida 33143 For the Owner/Applicant: SOMI Group,LLC 3326 Mary Street, Suite 602, Miami,Florida 33133 and SOMI Group, LLC's Registered Agent: Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph; 309-663-6326 Paz 305-668.7356 AV Development Group,LLC 3326 Mary Street Suite 602 Miami,Florida 33133 16. This Agreement shall be construed in accordance with the governed by the laws of the State of Florida, and the City Code. Exclusive venue for any litigation arising out of this Agreement shall be in Miami-Dade County, Florida, or the Southern District of Florida. In the event of any litigation concerning this agreement, the parties hereby agree to waive any trial by jury. 17. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 18. No agent, employee,or other representative of either parry is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document 19. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 20. The Business Owner/Applicant shall comply with this Agreement, the Resolution and all applicable laws,ordinances,rules,regulations,and lawful orders of the City relating to the Proposed Use. 21. This Agreement may be executed in several counterparts each of whom shall be deemed an original and such counterpart shall constitute one and the same instrument. 22. Owner/Applicant warrants, covenants and agrees with City that City shall have the right to enter upon the Business premises at such times and at such places during reasonable business hours, for the purpose of inspecting the premises or for any purpose whatsoever. 23. Each of the signatories to this agreement warrant that he or she is duly authorized, by the appropriate action of his or her respective City Commission, board of directors or other authority, to execute this agreement and to bind the parties hereto to the promises,terms,conditions and warranties contained in this agreement. IN 'WITNESS WHEREOF, the parties execute this Agreement' on the respective dates under each signature: The City, signing by and through its City Page 3 of 4 SOM[ city 2 Manager, attested to by its City Clerk, duly authorized to execute same and by Owner by and through its President, who has been duly authorized to execute same. AGREEMENT: The applicant agrees that the subject Business will conform to all of the standards contained herein. Date: SOMI Group LLC, Alejandro Remos,Manager STATE OF FLORIDA ) COUNTY OF MIAMI-DARE ) Subscribed and acknowledged before me by , on this day of ,2007 Notary State of Florida At Large Print Name: Approved By: City of South Miami BY: Date: W. Ajibola Balogvn,REM,CFEA City Manager COPIES OF THIS DOCUMENT WILL BE EEPT IN TIH E ADDRESS FILES OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICENSE FILES IN TB E FINANCE DEPARTMENT. Attachment Exhibit"A" x\Parking Qf-Site\5876 SW 68 Str Off Site Parking Agreement.doc 4 r� �•+ s � + �i iii. ��+ �!� �$ + �, q � z r sl'''��(!i! li� �gg! o c n 'R w.LuN8110 mmi 3d 6: II II SVT x� T_ I gu e 1 11 • ^ II ' ` �' "T- lilt ttl E C t C L F �i 77. €K. S�= �'���tl ���I� - i. .�.II�1.F.^� i fi'�°-�E .. E= °C i u �tOG ��.S •� .rol FV_ II I�- •�.__ -- _�_ . 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I Ties PERM SUBNRTAL g 4- 5% _ fill, j � Adorno &,Yoss a limited liability partnership 2525 Ponce de Leon Boulevard, Suite 400 Miami, Florida 33134-6012 Phone: (305) 460-1000, Fax: (305) 460-1422 www.adorno.com MERCEDES M.SELLEK DIRECT LINE: (305)460-1032 DIRECT FAX: (305)603-8271 EMAIL: MSELLEKQADORNO.COM February 10,2009 Via Electronic Mail Sanford A. Youkilis Acting Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: SOMI Group,LLC development of 5876 S.W. 68 Street(the "Project"); Request for off-street parking lease for twelve(12)spaces Dear Mr. Youkilis: Following your conversation of even date with our client SOMI Group LLC,please allow this to serve as our client's request to lease off-site, on street parking from the City of South Miami in order to fulfill the requirements of City Ordinances 20.4 and 20.8. Our client would request twelve(12)parking sites as indicated on sheet C-1 of the full set of plans submitted for the Project known as Somerset at South Miami(see attached for your ready reference). We await the City's standard form of lease from the City Attorney so that we may review, execute the same, and record a memorandum of lease, if permitted. We thank you for your consideration of this request and appreciate your prompt attention to the completion of same. Very truly yours, ADO O & S,LLP M CEDES M. SEL K MMS/emo Enclosures cc: Alejandro Remos,RA Agustin Abalo, SOMI Group,LLC (218689.0008/M1783172_1) California Florida Georgia Illinois Massachusetts Missouri New Jersey New York Texas Washington, D.C. Page 1 of 3 Dulcio, Patrick From: Truesdell, Shenise Sent: Thursday, February 26, 2009 4:33 PM To: Dulcio, Patrick adjacent- 7 dictionary results ad-ja-cent El Show Spelled Pronunciation [uh-jey-suh nt] Show IPA -adjective 1 lying near, close, or contiguous; adjoining; neighboring: a motel adjacent to the highway. 2. just before, after, or facing: a map on an adjacent page. Origin: 1400-50; late ME < L adjacent- (s. of adjacens, prp. of adjacere to adjoin), equiv. to ad- AD- + jac- lie + -ent- -ENT Related forms: ad-ja-cent-ly, adverb Synonyms: 1. abutting, juxtaposed, touching. See ADJOINING. Antonyms: distant. Dictionary.com Unabridged Based on the Random House Dictionary, © Random House, Inc. 2009. Cite This Source Language Translation for : adjacent - Spanish:adyacente,German:angrenzend, Japanese: AL,k More Translations » ad-ja-cent 0 (a-ja'sent) Pronunciation Key adj. 1. Close to; lying near: adjacent cities. 2. Next to; adjoining: adjacent garden plots. [Middle English, from Latin adiacens, adiacent-, present participle Of adiacere, to lie near : ad-, ad- + iacere, to lie; see ye- in Indo-European roots.] ad-ja'cent-ly adv. 2/26/2009 ` Page 2 of 3 The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2006 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. Cite This Source Adjacent Ad*ja"cent\, a. [L. adjacens, -centis, p. pr. of adjacere to lie near; ad + jac[=e]re to lie: cf. F. adjacent.] Lying near, close, or contiguous; neighboring; bordering on; as, a field adjacent to the highway. "The adjacent forest." --B. Jonson. Adjacent or contiguous angle. (Geom.) See Angle. Syn: Adjoining; contiguous; near. Usage: Adjacent, Adjoini ng, Contiguous. Things are adjacent when they lie close each other, not necessary in actual contact; as, adjacent fields, adjacent villages, etc. I find that all Europe with her adjacent isles is peopled with Christians. --Howell. Things are adjoining when they meet at some line or point of junction; as, adjoining farms, an adjoining highway. What is spoken of as contiguous should touch with some extent of one side or the whole of it; as, a row of contiguous buildings; ,a wood contiguous to a plain. Adjacent Ad*ja"cent\, n. That which is adjacent. [R.] --Locke. Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc. Cite This Source VISUALTH SAU IUS adjacent Explore the Visual Thesaurus "E_�' Related Words for : adjacent next, side by side, abutting, adjoining, conterminous View more related words adjacent adjective 1. nearest in space or position; immediately adjoining without intervening space; "had adjacent rooms"; "in the next room"; "the person sitting next to me"; "our rooms were side by side" 2. having a common boundary or edge; abutting; touching; "Rhode Island has two bordering states; Massachusetts and Conncecticut"; "the side of Germany conterminous with France"; "Utah and the contiguous state of Idaho", "neighboring cities" 3. near or close to but not necessarily touching; "lands adjacent to the mountains"; "New York and adjacent cities" WordNet@ 3.0, © 2006 by Princeton University. Cite This Source 2/26/2009 . Page 3 of 3 adjacent c.1430, from L. adjacentem (nom. adjacens) "lying at," prp. of adjacere "lie near," from ad- "to" + jacere "to lie, rest," lit. "to throw" (see jet (v.)), with notion of "to cast (oneself) down." Online Etymology Dictionary, © 2001 Douglas Harper Cite This Source adjacent adjacency The Free On-line Dictionary of Computing, © 1993-2007 Denis Howe Cite This Source 5C 3E TH S PA iE ® u jj O- T; Embed as HTML 2/26/2009 Miami-Dade My Home Page 1 of 2 My Home NUAMI•DADE Show Me: Property Information Legend Search By: Property Select Item Boundary Selected Property SW 68TH 5T 0 Text only - - - �w � Property Appraiser Tax Estimator 7" osw*' Street Highway Summary Details: « Miami-Dade Folio No.: 9-4025-028-1240 N County Property: 5858 SW 68 ST . Water Mailing BAL BAY ASSOC INC i6 Address: s _ 5858 SW 68 ST SO MIAMI r N FL F 33143-3693 i r W E Property Information: � {r Prima Zone: 7000 INDUSTRIAL S 0036 HEAVY CLUC: INDUSTRIAL OR LUMBER YARD -'-' � yyyyyyyyfnnry Beds/Baths: 0/0 SW 6131 rt1 w r Floors: 1 Livinq Units: 0 f 4 d'Sq Footage: 16,588 fop- �. Lot Size: 31,958 SO FT i ?S Year Built: 1966 OWNSITE OF LARKINS PB 2-105 Digital Orthophotography-2007 0 57 ft LOTS 10 THRU 20 LESS Legal WSFT&LESS NSFT Description: LOT 10&LESS BEG SE COR OF LOT 16 TH E69.4FT SWLY89 My Home I Prope Information I Property Takes NLY56.63FT TO POB OB H rty BILK 10 I My Neighborhood I Property Appraiser Sale Information: Hone I Using fur Site I About I Phone Directory I Privacy I Disclaimer Sale O/R: 20919-0606 Sale Date: 12/2002 Sale Amount: $800,000 Assessment Information: I'you experience technical difficulties with the Property Infornation application, [Building ar: 2008 2007 or wish to send us your comments,questions or sucgestions d Value: $1,917,480$2,238;100 please email us at Webmaster. Value: $221,590 $200,000 rket Value: $2,139,070$2,438,100 sessed Value: $2,139,070$2,438,100 Web Site ©2002 Miami-Dade County. Taxable Value Information: All rights reserved. Year: 2008 2007 Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: Regional: $0/ $0/ $2,139,070 $2,438,100 County: $0/ $0/ $2,139,070 $2,438,100 City: $0/ $0/ $2,139,070 $2,438,100 School Board: $0/ $0/ $2,139,070 $2,438,100 Additional Information: ick here to see more information for this Ippromer Comunity Development District Comunity Redevelopment Area http://gisims2.miamidade.gov/myhome/propmap.asp 2/26/2009 Miami-Dade My Home Page 1 of 2 My Home <. = MIAMI•DADE Show Me: Property Information Legend Search By: �g Property Select Item tk .r Boundary SW 61T++sr . $3 Selected w 9 Property P rtY Text only -1 Y� Property Appraiser Tax Estimator _ ,, Street �.:„�_,y,w ^,: /'/ Highway N.:Yl tie7i•+S7 Summa Details: — frs;, .'' � ,� "'� Summary �k� _ Miami-Dade Folio No.: 09-4025-028-1390 _ r � County Property: YY - Mailing BOSTON INVESTORS ,,.-ii r i'- Water Address: GROUP INC C/O MILLER HAMILTON1 k.7 A* N SNIDER&ODOM � 1200 BRICKELL AVE 11TH p T �1t !• FLOOR MIAMI FL W�E 33131-3209 t F+�-* r it w.-. SW ti91 N S1 fl _ )o .._ �C, 0� S Property Information: I - L , fit �' ry MIXI E-USE RESIDENTIAL _r c s ,ilf � q Zone: MIXI DEVELOPMENT Prima L. le CLUC: 0081 VACANT LAND v z Beds/Baths. 0/0 3 � Floors: 0 i Living Units: 0 Ir 3 d'S Footage: 0 ���" Lot Size: 10,950 SO FT Year Built: 0 OWNSITEOF Digital Or -2007 0 11411 LARKINS PB 2-105 Legal LOTS 1-2-3 BLK 11 LOT Description: SIZE 75.000 X 146 OR 4908 0303 2(5) COC 25992-1955 09 My Home I Property Infomlation I Property Taxa; COC 2 120073 I My Neighborhood I Property Appraiser Sale Information: Home I Using Our Site I About I Phone Directory I Prlvacy I Disclaimer Sale O/R: 22941-0418 Sale Date: 12/2004 Sale Amount: 1$1,086,529 Assessment Information: If you experience technical difficulties with the Property Irrfcrma:on application, Year: 2008 2007 rwish to send us your comments,questions or s iggEstions Land Value: $492,750 $438,000 please email us at Webmaster. Building Value: $0 $0 Market Value: $492,750 $438,000 Assessed Value: $492,750 $438,000 Web Site ©2002 Miami-Dade County. Taxable Value Information: All rights r=sarved. Year: 2008 2007 Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: Regional: $0/$492,750$0/$438,000 County: $0/$492,750$0/$438,000 Cit $0/$492,750$0/$438,000 School Board: $0/$492,750$0/$438,000 Additional Information: Click here to see more information for this property: Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary http://gisims2.miamidade.gov/myhor-ie/r.ropmap.asp 3/2/2009