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Res No 176-20-15616Resolution No. 176-20-15616 A Resolution concerning approval of a Development Agreement for land described herein and generally located at 5850 SW 73 Street and 7331 SW 59 th Avenue, South Miami, FL, for a large-scale mixed-use development with 248 residential units and proposed building intensity of 36,395 square feet of commercial space, proposed population densities of 611 people, a parking garage and a proposed height of 118 feet eight inches; a copy of the proposed agreement is available in the City Clerk's office. WHEREAS, Avalon SOMI, LLC submitted an application (number PB-20-010) requesting a Special Exception approval for a Large-Scale Development for a mixed-use building located at 5840 SW 73 Street and 7331 SW 59th Avenue; and WHEREAS, the applicant also submitted requests to change the future land use designation and the zoning designation; and WHEREAS, the site consists of 1.9 acres and the proposed development will consist of 248 residential units and 36,395 square feet of commercial space; and WHEREAS, the development is a Large-Scale Development; and WHEREAS, at its May 12, 2020 meeting, the Planning Board held a public hearing on the application, considered each of the requirements and conditions for Large-Scale Development listed in Section 20-8.9 of the Land Development Code (LDC), and voted six (6) to one (1) to recommend approval of the requested Special Exception; and WHEREAS, at the June 2, 2020 Commission meeting the City Commission approved the Special Exception for the large-scale development, with conditions; and WHEREAS, Section 20-8.9 provides that a developer of a large-scale development must enter into a Development Agreement with the City in a form approved by the City Attorney and including all of the conditions required for the granting of the special exception ("Development Agreement"); and WHEREAS, the City Commission previously approved a Development Agreement for this Project by Resolution No. 096-20-15536 and in accordance with the requirements of MU-M zoning district; and WHEREAS, Section 20-8.3(4), which established the MU-M zoning district, has been amended to provide an exception to affordable housing requirements under certain conditions and to limit affordable housing to low-and moderate-income individuals and families; and WHEREAS, the Developer has drafted an amendment to the Development Agreement to incorporate the amendments to Section 20-8.3(4). The amended Development Agreement has been approved by the City Attorney, a copy of which is attached as Exhibit .... A"; and Page 1 of 2 Res No. 176-20-15616 WHEREAS, Section 20-8 .9 requires that the Development Agreement comply with Florida Statutory requirements for development agreements which requires two public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption he reof. Section 2: The Development Agreement, attached as Exhibit "A" between the City of South Miami, Florida and Avalon SOMI , LLC pertaining to the construction of a mixed -use project is hereby approved as amended to conform to amendments to Section 20-8.3 of the Land Development Code. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature . Section 4 : The day , time , and place at which the second public hearing will be held shall be announced at the first public hearing. Section 5 . Severability. If any section clause , sentence, or phrase of this reso lution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 15 th day of December, 2020 . ATTEST: Dli oJk2 CITY LERK 6 " 1" Reading -12 /\ /2020 2nd Reading -12115 /2020 CI APPROVED: i3. ~ -,~~ ~ COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh : Yea Commissioner Gil : Yea Commissioner Harris : Yea Commissioner Liebman: Yea Page 2 of 2 City Commission Agenda Item Report Meeting Date: December 15, 2020 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: Agenda Item No:2. A Resolution concerning approval of a Development Agreement for land described herein and generally located at 5850 SW 73 Street and 7331 SW 59th Avenue, South Miami, FL, for a large-scale mixed-use development with 248 residential units and proposed building intensity of 36,395 square feet of commercial space, proposed population densities of 611 people, a parking garage and a proposed height of 118 feet eight inches; a copy of the proposed agreement is available in the City Clerk's office. 3/5 (City Manager-Planning Dept.) Suggested Action: Approval Attachments: Res_approving_DevAgreeCArev.docx Res_ApprovingAmendDevAgreeCArev.docx DevelopAgreeBass-Rev2CArev.docx Miami Herald Ad.pdf MDBRAd.pdf Miami Herald Ad.pdf MDBR Ad.pdf 1 CFN: 20210111504 BOOK 32348 PAGE 110 DATE:02/11/2021 12:49:56 PM HARVEY RUVIN, CLERK OF COURT. MIA-DADE CTY FIItST A\"tENDED AND RESTATED DEVELOPj\'IENT AGREEl\'1ENT between DEVELOPER: AVALON SOi\ll, LLC, a Delaware limited liability company and CITY OF SOUTH J\llIA:\:lI, a Florida municipal corporatioll nnd FIRST AI"IE~DF.n A"'() RESTATED COVE!\ANT J{tINNING WITH THE LA:\I) DATED AS OF~b(u£'v'~ ~. 2021 P~n~ 1 nf ':\? CFN: 20210111504 BOOK 32348 PAGE 111 DEVELOPMENT AGREEi\1ENT THIS DEVELOPMENT AGREEMENT (-Agreement") is executed as of this ~day of k bl....J ;\..Iv\. • 2021 .. by and he-twcen the CITY OF SOUTH MIAMI. a Florida municipal corpomtiol~ity") and A V AI..()N S~MI, LLC. a Delaware litnitcd liability company ( ··Developef"). RECITALS: A. Developer is the owncr of the properly more particularly described in Exhihit Al attached hereto (the ··Property·'). B. Dcvdoper has applied to the City Commission for approval of a Special Exception pursuant to Section 20-8.9 of the City's Land Development Code (,'LDe"). C. Section 20-8.9 orthc City's LDC requires a Development Agreement to be entered into with respect to the Project. as delined below, which grants certain assurances regarding the construction, operation. and maintcnatu:e of the proposed Proj~cl. I). The City and DevcJop~r desire to cnter into this Agreement for the purpose or providing the terms and conditions on which the Property is to b~ developed. NOW, THEREFORE. in considcrmiol1 of the pr~lllist!~ and the mutua} covenants herein contained~ and for other good and valuable considel1ltion. the rc~~ipt and sufficiency of which are hereby acknowledged, the City and DC\'t.~lol>cr hereby mutually covenant and agree as follows: ARTICLE I. EXHIBITS, nF:FINITIO~S, AND FlJI~TIIER ASSlJRANCES Section 1.1 Exhibits. Allnc;h~d hereto and forming a part of this Agreement are the rollowing Exhibits I: Exhibit Al Leg,,1 Description of Property Spccial Exception Approval. City Resolution No. 050-::W-l 549(} Exhibit C 1 Anticipated Dcveloplnent Sch~dule Exhibit D1 Boundaries of the Public Plaza Section 1.2 Defined Terms. In addition to nth!!r terms defined in this Al.!rccll1cnt as -. used herein the term: To the extent that any exhibit contlicts with the Innguagc and t~nns of the Agreement. lhe language and terms of the Exhibits will govern. CFN: 20210111504 BOOK 32348 PAGE 112 "Affiliate" or "affiliate" means with respect to any Person (i) any Person directly or indirectly controlling, controlled by or under common control with such Person Oi) any officer, director, general partner, member; manager or trustee of such Person or (iii) any Person who is an officer, director, general partner, member, manager, or trustee of any Person described in clauses (i) or (ii) of this sentence. For purposes of this definition, the terms "controlling," "controlled by" or "under common control with" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person or entity, whether through the ownership of voting securities, by contract or othelWise, or the power to elect at least fifty percent (SOOAa) of the directors, managers, general partners, or persons exercising similar authority with respect to such Person. For purposes hereof the term "Person" means any legal entity, (including corporations and limited liability company), any association of individuals or business entities, any trust (including business t~ real estate investment trust, common law trust, or other trust), any partnership (including general partnership, limited partnership, limited liability limited partnership, limited liability partilership), joint venture, or two or more persons or entities (or any combination thereof and the estates of any of those individuals) having a joint or common economic interest, or any individual (or estate of such individual). "Agreement" means this Development Agreement, as the same may be modified or amended from time to time. "Ap,plicant" means the entity who applied for a Special Exception approval of the Project pursuant to Section 20-8.9, LDC. "City" unless otherwise specified or required by the context, means the City of South Miami. "City Manaser" means the City Manager of the City of South Miami. "Deyeloper" means AVALON 80Ml, LLC, or their successors or assigns if such succession or assignment is authorized. "Develgper Improyements" consists of the improvements contemplated to be constructed by Developer pursuant to the Regulatory Plans. "Due Diligence" means that a party must commence the activity required by this Agreement (the Goal) as soon as possible and diligently, persistently and in good faith pursue the accomplishment of the Goal without delay on the part of said party. "Electronic Communication" includes e-mail, facsimile transmission, or any non-physical communication means that may be developed in the future. "Event of Defaylt" has the meaning ascribed to it in Section 3.3. "Existing Zoning" means the zoning in effect on the Effective Date of this Agreement, which specifically includes the text amendments approved in connection with the approval of the Project and codified in City Ordinance No. 17-20-2371. "Force Majeure Eyents" includes, without limitation, strikes, lockouts, acts of God, CFN: 20210111504 BOOK 32348 PAGE 113 pandemic, unusual delay in obtaining or inability to obtain labor or materials due to gove~ental restrictions, enemy action, civil commotion, fire, hurricane, severe weather, sabotage, unaVOIdable casualty, or other similar causes beyond the reasonable control of a party. Force Majeure events do not include a party's insolvency or financial condition or anything that causes a default in any Project fmancing or difficulty in obtaining financing. "Lender" means any lender, and any successor, assignee, transferee, or designee of such lender, which provides financing, secured or unsecured, in connection with the Project, which include, without limitation, any mortgagee. ";Plaza" means a privately-owned area of land that functions as part of the public realm and is open to members of the public and as otherwise defined in Section 20-8.2 of the LDC. "Project" means the improvements to be developed by the Developer on the Property pursuant to the Regulatory Plans. "RegulatoD' Plan" has the same meaning as set forth in Section 2.1. "Section", "Subsection". "Paragraph", "Subparagraph", "Clause", or "Subclause" . followed by a number or letter means the section, subsection, paragraph, subparagraph, clause, or subclause of this Agreement so designated unless otherwise indicated here or within this Agreement All references to Section 20 followed by a dash refers to Chapter 20 of the City's LDe as it existed on June 2,2020. "Special Exception" mean the required process for approval of a Large-Scale Development as set forth in Section 20-8.9, LDC. "Special Exception Anproval" means City Resolution No. 05-20-15490 adopted June 2~ 2020 and attached as Exhibit B 1 to this Agreement. Section 1.3 Anproyals and Consents. Wherever in this Agreement the approval or consent of any party is required, and except as otherwise specified, such approval or consent will not be unreasonably withheld or delayed. Section 1.4 Conditions Pursuant to Resolution Approving Special Exception. General Conditions 1.4.1. The proposed development will be substantially built in accordance with the documents submitted including: Letter of Intent; Exhibit A (April 20, 2020); Planning Board Submittal (04120/2020); Loading Management Plan (April 21, 2020); and Traffic Study (April 2020). Plans submitted entitled "South Miami Market", consisting of a total of 69 sheets: Architectural Plans prepared by Corwil Architects (43 sheets); Landscape Plans prepared by Geomantic Designs, Inc. (13 sheets); and Civil Plans prepared by Kimley Hom (13 sheets). The survey was prepared by Narcisco J. Ramirez and consists of one sheet dated April 2, 2018. In addition, the following amendments to these plans: Ground floor site plan (updated S/26/2020)(refiecting that a column has been removed from the loading zone to accommodate two WB-SO trucks on-site); Loading Area Management Plan Exhibit 3 (updated 61212020)( reflecting CFN: 20210111504 BOOK 32348 PAGE 114 the removal of the column noted above to allow for two WB-50 trucks on-site); SoMi Market - WB50 Maneuverability (4 sheets, updated 5/26/2020)(showing the maneuverability/access for both W8-50s into the loading area); Landscaping Sheets L-3, L-4, L-5, L-7, L-9, and L-12 (all updated 6/112020)(showing the replacement of bromeliads with soft tip agave and the inclusion of the DeepRoot system as requested at First Reading); the presentation of the South Miami Market to the Planning Board on May 12,2020 (shown by the Applicant at the May 12, 2020 Planning Board hearing and May 19, 2020 City Commission Hearing); and the presentation of the South Miami Market to the City Commission on June 2, 2020 (shown by the Applicant at the June 2, 2020 City Commission hearing). 1.4.2. All Streetscape Improvements required under any approvals must be completed prior to the first Certificate of Occupancy unless such deadline is extended by the City Manager. 1.4.3. Improvements to the Public Right-of-Way must first be approved by the City of South Miami and all other applicable agency such as FDOT and Miami-Dade County. 1.4.4. All impact fees must be paid prior to issuance of building permit. 1.4.5. Developer must provide a declaration, signed by the Developer under penalties of perjury and in accordance with §92.525, Fla. Stat., attesting to the fact that the Project is in compliance with the applicable Level of Services requirements prior to the issuance of building pennit to the Property. If any concurrency approvals expire a re-review must be obtained by the Developer from the appropriate agency and a new declaration must be delivered to the City Manager within 30 days of the expiration date. 1.4.6. A new Concurrency Analysis will be prepared by the City if there are any changes that increase densities, intensities, or population and if any additional fees are charged, they must be paid for by the Developer. 1.4.7. Developer must submit verification from Miami-Dade County that the proposed new development has been reviewed and approved for all access management considerations prior to site plan approval. 1.4.8. Finished floor elevations must be reviewed and approved for consistency with FEMA requirements and the City'S National Insurance Flood Program Ordinance prior to building permit approval. 1.4.9. The Developer must be in compliance with applicable conditions and requirements by Miami-Dade County Public Works Department, Fire Rescue Department, Department of Regulatory and Economics Resources -DERM (DRER), and Miami-Dade County Water and Sewer Department, if any. 1.4.10. A secured bicycle room with amenities will be made available to the commercial component of the development if the Developer desires to use the bicycle bonus provision to add a floor. 1.4.11. So long as the Developer is required by Section 20-8.3(A)(4) to have a grocery store, the City may enforce the parking requirements of Section 20-8.3(A)( 4). CFN: 20210111504 BOOK 32348 PAGE 115 1.4.12. Construction must only take place Monday through Saturday during the hours of 7:30 a.m. and 6:00 p.m. Clean-up type activities that do not involve mechanical equipment will be allowed on Sundays between 8:00 a.m. and 5:00 p.m. Landscape 1.4.13. Developer must execute and record in the public records of Miami-Dade County, a Maintenance Covenant, in a form approved by the City Commission and City Attorney, which complies with the requirements of Land Development Code Section 20-8.9 before a building permit is issued to the Developer pursuant to Section 20-8.9(1). 1.4.14. Developer must meet all of the minimum requirements of the City Code, Chapters 18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed by Miami-Dade County Department of Regulatory and Economic ResoW'ces -DERM (ORER), if any. 1.4.15. Pursuant to Sec. 20-4.5, as may be amended, Developer must preserve existing trees (including native trees) during the development of the project, wherever possible. If the trees must be removed, the Developer must mitigate the impact in accordance with City requirements. If the relocated trees do not survive, the Developer must replace the trees in compliance with City requirements. 1.4.16. The Landscape Plan (Sheet L-l ) notes that the Developer proposes to donate fifteen (15) existing Sabal Palms to the City. Should the City not accept this donation the Developer must mitigate these Palms as required by the City Landscape Code. 1.4.17. The Property must be landscaped in accordance with the landscape plan, included with the site plan submittal and approved by the Environmental Review and Preservation Board. Enyironmental 1.4.18. The Project must be in compliance with the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual (effective January 2009), as may be amended from time to time. 1.4.19. All on-site stonn water drainage systems must be maintained in working order. The on-site stonn water drainage system must be designed and maintained to store the Project's storm water runoff on-site as required by applicable storm event design requirements of DERM or SFWMD whichever controls. Parking is not allowed on top of any drainage inlet or drainage manhole. Construction General Conditions 1.4.20. A Construction and Maintenance of Traffic (MOn Plan must be provided by the Developer to the Building and Public Works Departments for approval prior to start of construction. Access points by construction vehicles must be provided within the MOT. All construction vehicles must use SW 58 d1 Court.~ SW 73rd Street, or SW 74tb Street unless otherwise approved by the Department CFN: 20210111504 BOOK 32348 PAGE 116 1.4.21. The Developer must provide for the reconstruction of the adjoining roadwayst sidewalks, and drainage to their conditions prior to construction, or better, and to provide a performance bond equal to 100% of the total cost of reconstruction. 1.4.22. The Developer must provide a Construction Air Quality Management Plan to the Department prior to the start of construction. 1.4.23. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Developer at time of building pennit. Architecture 1.4.24. Final approval of all plans must be obtained from the Environmental Review and Preservation Board and Developer and must be in substantial compliance with the approved plans including design, materials, and color palette. Deyeloper's Proffered Refinements and Commitments 1.4.25. The 73rd Street Streetscape. The Developer shall perform streetscape improvements on 73rd street between 58th Court and 59th A venue (the "Streetscape Improvements"). The 73rd Streetscape Improvements include sidewalk paver improvements, street pavement improvements, and crosswalk improvements. As part of the Streetscape Improvements the Developer shall submit roadway geometry alignment design plans for review and approval by the City Manager or City Manager designee to meet the Miami-Dade County public works minimum design standard for 73rd street, 59th Avenue and 58th Court intersections, and on-street parking. 1.4.26. Sunp1emental Traffic Counting. The Developer shall perform traffic counts on 59th Avenue between 74th Street and 80th Street and 59th Court between 76th Street and 78th Street within 18 months of final Certificate of Occupancy and provide those results to the City Manager. 1.4.27. Mobility Improvement Payment. The Developer shall provide the City with a pedestrian mobility improvement payment to the City'S general fund in the amount of $250,000 payable at time of building permit for the City to use in its discretion to fund public realm improvements ("Mobility Improvement Payment"). If, following completion of the construction of the Project approved herein, the Miami-Dade County Property Appraiser ("Property Appraiser") assesses the value of the lands together with the completed building at less than $70 million in the first year following issuance of the final Certificate of Occupancy, then the Developer shall provide an additional $250,000 payment to the City's general fund for the City to use for the same purposes described in the immediately preceding sentence ("Second Mobility Improvement Payment") to be paid within 180 days of the Developer's receipt of notice of the Property Appraiser's post completion assessed property valuations. Conversely, if the Property Appraiser assesses the value of the lands and the completed building at $70 million or more in the first year following issuance of the Certificate of Occupancy, then the Second Mobility Improvement Payment shall not be due. 1.4.28. Bird-Friendly Design. The Developer shall incorporate bird-friendly design principles into its use and selection of glazing products and lighting design for the development. CFN: 20210111504 BOOK 32348 PAGE 117 1.4.29. Cistern. The Developer shall incorporate a cistern to be used where feasible for the drip irrigation of landscaping planted on or contiguous to the site. It is expressly recognized that drip-irrigation may not be sufficient for all of the Project's irrigation needs. 1.4.30 . .s.aIm:. The City recognizes that limited roof area exists for the Developer to incorporate solar panels and that the Developer is constrained in its ability to generate a substantial amount of power through solar. Nevertheless, the Developer agrees to incorporate solar panels where feasible, with the location of the panels to be the Developer's sole discretion, to provide some amount of solar power to a building feature or component. 1.4.31. The Developer shall abide by the Hours of Operation, Monitoring Ingress and Egress, and Loading Dock Manager sections of the SoMi Market Loading Area Management Plan dated April 21, 2020 prepared by David Plummer & Associates and submitted by the Applicant. 1.4.32. The delivery trucks serving the Project shall not enter upon, park, tum or otherwise enter the parking lot or other portions of the property identified as 5900 S. W. 73rd Street, South Miami, Florida 33143, and Folio No. 09·4036-029-0010. 1.4.33. The doors to the loading area garage of the Project facing SW 59th Avenue shall be closed except during active loading and unloading operations. ARTICLED. Section 2.1 Regulatory Plans. Developer and the City acknowledge and agree that the Property win be developed in substantial conformance with the architectural, engineering and landscaping plans listed in Section 1.4.1 oflhis Agreement as the same may be amended, with the approval of the City Commission, from time to time and the tenns and conditions of this Agreement; (collectively, the "Regulatory Plans") it being agreed that any amendments to the Regulatory Plans will comply with the City's process for amending a site plan. Section 2.2 Prqject Uses. In accordance with Section 20-8.9(F), the Project shall not contain a single permitted use that exceeds eighty thousand (80,000) square feet of gross floor area, except that no such limitation shall apply to residential uses. The Project shall contain 8 full service grocery store and a minimum of 20,000 square feet of ground floor devoted to a grocery store, exclusive of back of house, loading area and common areas of the building (the "Grocery Store Space"). If the Grocery Store Space is vacant for more than two (2) years or if a grocery store is not feasible as detennined in Section 20-8.3(A)(4)(f), the Developer must comply with all the applicable requirements of Section 20-8.3(A) and 10% of the dwelling units above the second floor must be Affordable Housing of which one half (112) must be set aside for Low Income and one half (112) must be set aside for Moderate Income Individuals and Families" Grocery Store Lease Exeeptlon: The affordable housing provisions of Section 20-8.3 shall not apply if the Owner and/or the Developer: (I) presents the City Manager with a duly executed lease in recordable fonn with an initial lease tenn of twenty (20) years and providing at least two (2) lease extension periods of five (5) years each for the operation of a Grocery Store; (2) obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from the City a local business tax receipt for the Grocery Store. For clarity and for the avoidance of doubt, once the Owner andIortheDeveloper satisfies conditions (I), (2), and (3) in the immediately preceding sentence, CFN: 20210111504 BOOK 32348 PAGE 118 no affordable housing requirements of Section 20-8.3(a)(4) or any other provisions of the City's Code or LDC shall thereafter attach to the Property. In the event of a conflict between any regulation and Section 2-B.3(a)(4)(b), the provisions of Section 2-8.3(a)(4)(h) shall prevail. Section 2.3 Anticipated Deyelopment Schedule. It is currently contemplated by Developer that the Property will be developed in accordance with the time frames set forth on Exhibit Cl attached hereto. Section 2.4 Plaza. The Plaza indicated on the Regulatory Plans, and as more clearly defined in the attached Exhibit D 1 will be open to the public in accordance with Section 20-8.1 O(C) for so long as the Development is 9 stories in height but subject to (a) closures required from time to time for replacement and repair and (b) reasonable limitations on hours of operation as established by Developer from time to time. The Plaza will be maintained by Developer at a level of quality equal to or higher than the City's standards for municipal public open spaces in effect on the date hereof. Section 2.S Parking. Parking will be provided as set forth in the Regulatory Plans, the Resolution approving the Special Exception, Exhibit CI, and as required by the MU-M zoning district regulations. ARTICLE DI. LAND USES Section 3.1 Land Uses. For the term of this Agreement, the City agrees that it shall permit the development of the Property in accordance with the Existing Zoning, the City's adopted Comprehensive Plan, the Special Exception Approval, and this Agreement. Nothing contained in this Agreement shall prohibit additional pennitted or special uses on the Property as any change in regulations subsequently enacted by the City that are applicable by to the Property. The expiration or termination of this Agreement shall not be considered a waiver of, or limitation upon, the rights, including, but not limited to, any claims of vested rights or equitable estoppel, obtained or held by Owner or its successors or assigns to continue development of the Property in confonnity with all prior and subsequent development permits or development orders granted by the City. However, nothing contained herein shall prevent the City from applying subsequently adopted laws and policies to this development if the local government has held a public hearing and determined: (a) They do not prevent development of the land uses, intensities, or densities in the development agreement; and (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; and (c) Substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (d) The development agreement is based on substantially inaccurate information supplied by Developer. The expiration or termination of this Agreement shall not be considered a waiver of, or limitation CFN: 20210111504 BOOK 32348 PAGE 119 upon, the requirement, and City's enforcement, of the LDC. Developer will devote the Property and Developer Improvements only to the uses specified in this Agreement and to be bound by and comply with all the provisions and conditions of this Agreement. Section 3.2 Character and Operation Standards of PrQpertY and Developer Improvements. The parties recognize and acknowledge that the way the Project is developed, operated, and maintained are matters of great public importance to the City. Therefore, the Developer hereby agrees to develop, operate, and maintain the Project and all other property and equipment located thereon which are owned, leased, or maintained by Developer in good order, conditio~ repair and appearance and in a manner and in compliance with all applicable federal, state or local laws, rules, regulations, codes or ordinances. To help accomplish this result, Developer will establish such reasonable rules and regulations governing the use and operation of the Project and by tenants therein as Developer may deem necessary or desirable in order to assure the level of quality and character of operation of the Project required herein, and Developer will use all reasonable efforts to enforce such rules and regulations. However, nothing contained herein will be or be deemed to be any contract or agreement by the City, in its municipal capacity, to grant approvals for the Project or with respect to any zoning decisions affecting the Project. Section 3.3 Failure-Performance of Covenants. 3.3.1 In the event the Developer fails to perfonn in accordance with or to comply with any of the covenants, conditions and agreements which are to be performed or complied with by the Developer in this Agreement (a "Defaulf') and fails to cure the Default within thirty (30) days (the "Cure Period") after receiving written notice of the Default or fails to use all Due Diligence in commencing the cure and in proceeding to effectuate the cure. If the Developer is unable to timely cure the default after receiving written notice, the Developer may request an extension of time· from the City Commission which may be granted ("Extended Cure Period") upon presentation of substantial competent evidence establishing the Developer's good faith and Due Diligence, justifiable reasons for the delay and the amount of time needed to cure the default. In the event that the Developer fails to cure the Default within the Cure Period, or within the Extended Cure Period(s), whichever is greater, such failure will constitute an Event of Default and a fme will be assessed against the owner Developer in the amount of one hundred fifty dollars ($150.00), or such amount as may be set forth in the City Fee Schedule, for each day the Developer remains in Default thereafter. 3.3.2 In the event that a fine is assessed against the Developer, or the City incurs any expense towards curing the Default, the City will have the right to file a lien, or a continuing special assessment lien, as may be applicable, against the Property and file a lien foreclose action for the full amount of money incurred by the City for said expense as well as for any fine that has been assessed. The City's lien will be perfected upon being recorded in the land records in Miami-Dade County, Florida and will be of equal rank and dignity as the lien of City's ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the land in question, unless in conflict with state statutes or Miami-Dade County code. 3.3.3 The City has the right to proceed against the Developer to collect the above- described costs and expenses without resorting to a lien andlor lien foreclosure. The City's CFN: 20210111504 BOOK 32348 PAGE 120 remedies include all those available in law or in equity, including injunctive relief. The exercise of one available remedy will not be deemed a waiver of any other available remedy. Section 3.4 Unavoidable Delay or Force Majeure Eyents. 3.4.1 Notwithstanding any of the provisions of this Agreement to the contrary, and except as provided herein, neither the City nor Developer, as the case may be, nor any successor in interest, will be considered in breach of or in default of any of its obligations, including, but not limited to, the preparation of the Property for developmen~ or the beginning and completion of construction of the Developer Improvements or the Offsite Improvements, if any, or progress in respect thereto, in the event of unavoidable delay in the performance of such obligations due to Force Majeure Events. All applicable time period(s) impacted by Force Majeure Events will be extended for the length of the unavoidable delay caused by said event. 3.4.2 With respect to any Force Majeure Event that results in any damage to the Developer Improvements andlor the Offsite Improvements all applicable time period(s) will be extended for the following periods of time: (i) from the date of the Force Majeure Event causing damage through and including the date the Developer receives al1 insurance proceeds related to such damage, provided the Developer exercises Due Diligence and (ii) following receipt of all insurance proceeds needed to pay for the completion of the repair, through and, as long as the Developer exercises Due Diligence it will include the reasonable time period which is needed for the Developer to restore the Developer Improvements and/or Offsite Improvements to the condition which existed immediately preceding the Force Majeure Event causing the damage. Notwithstanding the foregoing, if the damage to the Developer Improvements andlor the Offsite Improvements is not covered by insurance all applicable time period(s) will be extended for the following periods of time: (i) from the date of the Force Majeure Event causing damage through and including the date the Developer secures the financing necessary to repair the damage to the Develope·r Site and/or Off-Site Improvements, provided the Developer exercises Due Diligence and (ii) as long as the Developer exercises Due Diligence it will include the time period following receipt of the financing through and including the reasonable time period which is needed for the Developer to restore the Developer Improvements andlor OfTsite Improvements to the condition which existed immediately preceding the Force Majeure Event causing the damage. Section 3.5 Obligations. Rights and Remedies Cumulative. The rights, remedies and privileges of the parties to this Agreement, whether provided by law or by this Agreement, are cumulative, and the exercise by either party of anyone or more of such remedies will neither be deemed to constitute an election of remedies, nor will it preclude the party exercising such other additional rights, remedies or privileges, or from exercising at the same or different times, of any other such remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either party with respect to performance, or manner or time thereof, of any obligation of the other party or any condition to its own obligation under this Agreement will be considered a waiver of any rights of the party making the waiver with respect to the particular obligations of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or in regard to any obligation of the other party. No waiver may be implied by the acts or omissions of the parties to this Agreement or any of their agents, officers, directors, or employees. In the event of a violation of this Agreement or CFN: 20210111504 BOOK 32348 PAGE 121 the Maintenance Covenant, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future pennits and refuse to make any inspections or grant any approval, until such time as the Developer is in compliance with this Agreement Section 3.6 Waiyer ofJua:y Trial. City and Developer knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in state or federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Development Agreement. ARTICLE IV. RESTRICTIVE COVENANTS. Section 4.1 This Development Agreement constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida. It will remain in full force and effect, and its restrictions are binding upon the current and future owner, including the owner's heirs, successors, personal representatives, assigns, mortgagees and lessees, until such time as it is released by the City Commission or in accordance with this Agreement. Notwithstanding anything contained herein to the contrary, the requirement for a public plaza and maintenance covenant will survive the tennination of this Agreement, unless specifically released by the City Commission. Section 4.2 Use Prohibitions of the Property and oeyelQper Improvements. The Property may not be used by Developer nor may Developer pennit the use of same for the following: Any unlawful or illegal business, use or purpose, or for any business, use or purpose which is immoral or disreputable (including without limitation "adult entertainment establishments" and "adult bookstores") or extra-hazardous, or in such manner as to constitute a nuisance of any kind (public or private)t or for any purpose or in any way in violation of the certificates of occupancy (or other similar approvals of applicable governmental authorities) or of rules, regulations, ordinances or laws applicable to the Property. Section 4.3 No Discrimination. 4.3.1 No covenant, agreement, lease, conveyance, or other instrument concerning the sale, lease, use or occupancy of the Property and Developer Improvements or any portion thereof will be affected or executed by Developer, or any of its successors or assigns, whereby the Property and Developer Improvements or any portion thereof is restricted by Developer, or any successor in interest, upon the basis of race, color, religion, sex, national origin, or handicap. Developer will comply with all applicable state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, religion, sex, national origin, or handicap in the sale, lease, use or occupancy of the Property and Developer Improvements or any portion thereof. Furthermore, Developer agrees to make accommodations for the handicapped as required by law and that no otherwise qualified handicapped individual will, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, be denied access to facilities within the Property and Developer Improvements or be subjected to discrimination under any program or activity allowed under this Agreement except as pennitted by law. 4.3.2 Anything in Section 3.3 hereof to the contrary notwithstanding, if the City believes that a default has occurred because of a failure by Developer, its successors or assigns or any CFN: 20210111504 BOOK 32348 PAGE 122 subsequent owner or occupant (Le., a tenant under a residential lease or a retail lease) to comply with the terms of this Section 4.3, it may send to Developer and/or occupant a written notice of intent to declare a default because of such failure (the "Pre-Default Notice"). The Pre-Default Notice is not a declaration of a default hereunder. If Developer and/or occupant, after reviewing the Pre-Default Notice (which must specify the respects in which the City contends that such a failure should be considered a default), believes that such a failure is not a default under this Section 4.3, Developer andlor occupant, must within ten (10) days of receipt of such Pre-Default Notice, advise the City of such detennination (which must specify the respects in which Developer andlor occupant contends that such a failure should not be considered a default under this Section ~ If the City is not satisfied with the response, then the City may declare an Event of Default under this Agreement. ARTICLE V. SIGNS Section 5.5 Regulation. All Project signs must comply with the requirements of applicable federal, state, or local rules, orders, regulations, laws, statutes, or ordinances. ARTICLE VI. PLAZA Section 6. Events in and Around the Plaza. From time to time, the Developer may sponsor or similarly partner with organizations to hold temporary events in and around the Plaza. In advance of a temporary event, the Developer must submit an application to the City consistent with the requirements contained in the City's LDe and Code of Ordinances to obtain the necessary permits and approvals. ARTICLE VII. MISCELLANEOUS PROVISIONS Section 7.1 No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended nor may it be construed in any manner or under any circumstances, whatsoever as creating or establishing the relationship of co-partners, or creating or establishing the relationship of a joint venture between the City and Developer, or as constituting Developer as the agent or representative of the City for any purpose or in any manner whatsoever. Section 7.2 Recording. Documentao' Stamps. This Agreement may be recorded by either party among the Land Records of Miami-Dade County, State of Florida, and the cost of any such recordation must be paid in full by Developer. Section 7.3 Florida and Local Laws Prevail. This Agreement is governed by the laws of the State of Florida. This Agreement is subject to and must comply with the Charter of the City of South Miami as the same is in existence as of the execution of this Agreement and the ordinances of the City of South Miami; provided, however, future ordinances of the City will not affect the tenns and provisions of this Agreement (i) unless uniformly applicable to property similarly . situated with the Property and Developer Improvements; provided, however, to the extent Developer would otherwise be grandfathered or not subject to such ordinances if this Agreement did not exist, Developer will not be subject to such ordinances or (ii) if the same impairs the rights of Developer or the obligations of the City hereunder. Subject to the foregoing, any conflicts between this Agreement and the aforementioned Charter and ordinances will be resolved in favor CFN: 20210111504 BOOK 32348 PAGE 123 of the latter. If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstances will to any extent, be illegal, invalid, or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity or becomes unenforceable because of judicial construction, the remaining tenn~ covenants and conditions of this Agreement, or application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant, or condition of this Agreement will be valid and be enforced to the fullest extent pennitted by law. Section 7.4 Conflicts of Interest: City Representatiyes Not IndiyiduallY Liable. No member, official, representative, or employee of the City or the City Manager may have any personal interest, direct or indirect, in this Agreement, nor may any such member, official, representative or employee participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. No member, official, elected representative or employee of the City or the City Manager may be personally liable to Developer or any successor in interest in the event of any default or breach by the City or the City Manager or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 7.5 Notice. All notices, demands, requests andlor other communications required under this Agreement must be given in writing and may be delivered by three types of physical delivery, i. e., (i) hand delivery, with a receipt signed by the party receiving such delivery, (ii) a nationally recognized overnight delivery service providing delivery confinnations, or (iii) certified mail, postage prepaid, return receipt requested; or in lieu of physical delivery it may be delivered by Electronic Communication. Notice will be deemed to have been given upon receipt or refusal of delivery or the failure of delivery due to the receiving party no longer occupying or maintaining both the physical and Electronic Communication address provided in this Section. All notices, demands, requests and other communications required under this Agreement using Electronic Communication must be followed up by physical delivery if the Electronic Communication does not provide a receipt for delivery. It is the duty of the parties to advise each other of any change of address. Any party may designate a change of address by written notice to the other party, received by such other party at least ten (10) days before the change of address is to become effective. 7.5.1 Notice to Developer. Notice or communication to Developer under this Agreement must be sent to: A V ALON SOMI, LLC 1633 Broadway, Suite 22B New York, New York 10019 Attention: Jon Vogel, Senior Vice President of AvalonBay Communities, Inc. With a copy to: AvalonBay Communities, Inc. 4040 Wilson Avenue, Suite 1000 Arlington, VA 22203 CFN: 20210111504 BOOK 32348 PAGE 124 Attention: Legal Department 7.5.2 Notice to City. In the case of a notice or communication to the City under this Agreement must be sent to: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attention: City Manager With a eopy to: City Attorney 6130 Sunset Drive South Miami, Florida 33143 Attention: City Attorney aDd City Clerk 6130 Sunset Drive South Miami, Florida 33143 Attention: City Clerk Section 7.6 Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 7.7 Counterparts. This Agreement may be executed in counterparts, each of which are deemed an original, and such counterparts will be constitute as one and the same ins1rument This Agreement only becomes effective upon execution and delivery of this Agreement by the parties hereto. Section 7.8 Successors and Assigns. Except to the extent limited elsewhere in this Agreement, all of the covenants, conditions and obligations contained in this Agreement run with the land and are binding upon and inure to the benefit of the respective successors and assigns of the City and the Developer. Section 7.9 Entire Agreement. This Agreement and its Exhibits constitute the sole and only agreement of the parties hereto with respect to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect and are merged into this Agreement. Section 7.10 Amendments. No amendments to this Agreement are binding on either party unless in writing and signed by both parties. Although this Agreement runs with the land, amendments, modifications or releases of this Agreement are only binding if they are by mutual CFN: 20210111504 BOOK 32348 PAGE 125 written agreement between: (a) the City Commission or its successors and assigns (which must be a governmental entity); and (b) Developer or its successors and assigns that are expressly designated in writing as receiving the rights and obligations of Developer under this Agreement ("Express Assigns") (i.e., even if the Property is subdivided and more than one (1) owner exists for the Property, then amendments to this Agreement only need to be executed by the City and Developer or its Express Assigns); provided, however, that in the event that any amendment modification or release of this Agreement materially affects the rights of an owner of a portion of the Property, then any amendment to this Agreement must also require the consent of such property owner. In the event of a modification of this Agreement or a designation of an Express Assign, a written instrument must be duly executed, acknowledged, and recorded in the Public Records of Miami- Dade County, Florida. The parties recognize that the development and operation of the Property and the Developer Improvements may from time to time require the confirmation, clarification, amplification, or elaboration of this Agreement, in order to deal adequately with circumstances which may not now be foreseen or anticipated by the parties. The City Commission and Developer reserve unto themselves and their Express Assigns the right to enter into such interpretive, implementing or confmnatory written agreements from time to time as they mutually deem necessary or desirable, in their sole discretion, for any such purpose without obtaining the consent or approval of any person or entity. If any portion of the Property has been submitted to the condominium form of ownership, and an amendment, modification or release of this Agreement requires the consent of the owner of such portion of the Property as provided above, then only the condominium association thereof will be required to execute the instrument as to that portion of the Property (in lieu and on behalf of the condominium unit owners thereof). Section 7.11 Authorization and Approvals by the City. All requests for action or approvals by the City must be delivered to the City Manager, who is the only party within the City, including the City Commission, with the authority to act or approve the matter on behalf of the City. Without limiting the generality of the foregoing or the general authority of the City Manager, the City Manager has the authority to grant extensions of time for performance by Developer for up to ninety (90) days (extensions of time in excess of ninety (90) days must be approved by the City Commission). If the City Manager's office is vacant or if the City Manager does not have the full authority to act or approve matters required of the City pursuant to this Agreement, then the City Commission will, promptly upon written request by the Developer, designate such other officer or department as may be appropriate to perform the City's obligations. Unless otherwise specified to the contrary herein, all decisions, approvals and actions required of the City hereunder must be decided, given, or taken within sixty (60) consecutive days after the receipt of written notice requesting same. Nothing contained herein or in this Agreement authorizes the City Manager to amend any of the terms of this Agreement. Section 7.12 Exculpation. Notwithstanding any provision contained in this Agreement to the contrary, it is specifically agreed and understood that there is no personal liability on the part of any manager, member in the Developer (provided such member is acting within the limitations placed on same by Florida law or has not assumed in writing any greater liability with respect to this Agreement), an equity interest holder of a member in the Developer or, if the Developer is a corporation, of any officer, director or stockholder of the corporate Developer or, if the Developer is a partnership, any limited partner of the Developer, with respect to the performance of any of the obligations, terms, covenants and conditions of this Agreement. CFN: 20210111504 BOOK 32348 PAGE 126 Section 7.13 Caption. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or any part thereof. Section 7.14. Holidays. It is hereby agreed and declared that whenever a notice or performance under the tenns of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it will be postponed to the next following business day, not a Saturday, Sunday, or legal holiday. Section 7.15. Developer as Independent Contractor. Nothing contained in this Agreement may be construed or deemed to name, designate, or cause (either directly or implicitly) the Developer, or any contractor of the Developer to be an agent of or in partnership with the City. Section 7.16. No Liability for Approvals and Inspections. Except as may be otherwise expressly provided herein, no approval to be made by the City of the Project site or the Project under this Agreement, may render the City liable for its failure to discover any defects or nonconformance with any federal, state, or local statute, regulation, ordinance, or code. Section 7.17. Radon. Radon is a naturally occurring radioactive gas that, when it has accwnulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county public health unit for Dade County. Section 7.18. Developer Entity. On the date of execution hereof, the Developer is a Delaware limited liability company. In the event that at any time during the term of this Agreement and any extensions and renewals thereof, the Developer is a corporation or an entity other than a Delaware limited liability company, then any references herein to member, membership interest, manager and the like which are applicable to a Delaware limited liability company will mean and be changed to the equivalent designation of such term which is appropriate to the nature of the new Developer entity. Section 7.19. Cooperation~ Expedited Permitting; and Time is of the Essence. The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this Agreement. The City will use its best efforts to expedite the permitting review and approval process in an effort to assist the Developer in meeting its demolition, development, and construction completion schedules. The City will accommodate requests from the Developer's agents, representatives, general contractor(s), and subcontractors for simultaneous review of multiple permitting packages, such as those for site work and foundations, and building shell, core, and interiors. Notwithstanding the foregoing, the City is not obligated to issue development permits to the extent the Developer does not comply with the applicable requirements of the City Zoning Code, the Project's zoning approvals, the Comprehensive Plan, this Agreement, applicable building codes, or any other applicable laws, rules, orders, or regulations. For clarity, the Parties recognize that as of the date of this Agreement CFN: 20210111504 BOOK 32348 PAGE 127 the United States and the State of Florida are facing the COVID-19 pandemic crisis which has materially altered the way business can be conducted and the Parties' respective pledges of cooperation include such cooperation as is reasonable and practicable given the COVID-19 pandemic. The failure of the Agreement to address a penn it, condition, tenn, or restriction shall not relieve Developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 7 .20. ~ The tenn of this Agreement is thirty (30) years following the issuance of the Certificate of Occupancy of the residential portion of the Project or the Certificate of Use of the Commercial portion of the project, whichever occurs last. Section 7.21. StatutolY Compliance. The Development Agreement, as well as all amendments and revocations thereto, must comply with §§ 163.3220-163.3243, Fla. Stat., as amended by the Florida Legislature. Section 7.22. Severability. If this Agreement contains any unlawful provisions not an essential part of this Agreement and which do not appear to have a controlling or material inducement to the making thereof, such provisions will not have any effect and will be stricken from this Agreement without affecting the binding force of the remainder. In the event any provision of this Agreement is capable of more than one interpretation, one which would render the provision invalid and one which would render the provision valid, the provision will be interpreted so as to render it valid. (SIGNATURE PAGES TO FOLLOW) Print or type name STATE OF ~J '/'e;(, ~I~ COUNTY OF}Nd= :1 CFN: 20210111504 BOOK 32348 PAGE 128 DEVELOPER: AVALON SO:\,I1, LLC, a Dclaw~rc Limit Liability Company ,,1·- By: ----'--....~_+_I'4-..;::...-~~~~~- Jon Vo ;ice President of AVAL. AY COl\-1J\1UNITIES, INC. ( J aryland Corporation)~ the latter of which is the Inanager and sole member of AVALON S01\-1 1 I~VESTOR, LLC (a Delaware Limited Liability Company)~ the manager and sole men'lber of AVALON SOl\1I, LLC (a Delaware Limited Liabilif)· COlnpan)') The foregoing instrulllent was acknowledged bclore me this~day of Jf'~ . 2~L by Jon Vogel, as Senior Vice President of AVALONBAY COl\'lJ'IUNITI S, INC. (a Maryland Corporation). the lauer of which is the manager and sole n1cmb~r of AVALO~ 80'11 INVESTOR, LLC (a Delaware LiJllitcd Liability Company), which is the tnanager and sole member of AVALON SO.!\'II, LLC (a Delaware Linlited Liability Company). who is personally known to nle or who has/have produced as idenli !icalion and who did take an oath and who swore or affirmed that he signed this Agreelnent on behalf of AVALON 80MI, LLC. that he is authorized to sign this Agreement by AVAL()NBA Y CO!VliVlUNITIES, INC., the manager and sole member of AVALON SOMI INVESTOR, LLC. and he is authorized 10 sign lhis Agreement by AVALON SOlVlI INVI~STOR, LLC, the manager and sole member of AVALON S()MI, LLC. (NOTARY SEAL) ATTESTED: By: .......:....;:\ ~~.....;;;...::;.....t;;;....~-A--- Nkeng City Clerk Reud Hnd ApprOl'cd as to Form, Language. Legality upd EiS(tcution Th~rt!or: ~. " / (-.. .,/",..;jji' ... ", ,-//j By; ~y f7 fa --d -r" -k~ f< City Attorney STATE OF FL(lRIDA COUNTY OF I\'lIAI\11-DADE CFN: 20210111504 BOOK 32348 PAGE 129 CITY OF SOUTII 1\'11;\1\'11 By: S: k~,'o,:"",-t£c..C'~ "-. Shnrarch Kamali City ~v1anagcr "..-.; The lorc!loinQ instrulllent was .\ckll()\\,lcu!lcO bclorc me this 9-. llilY or f~"'!;.'(f(jj*L/ 20:1/.. by Shara~h Kamali. City ~1'1I1agcl'. who'-is personally known to m'c ,,"d (lcknowlcdg{' t!xeculing the same freely and voluntarily under authority vested in her by,. he City of South tvlinmi. (~OTARY SEAL) ~""'o.;'"'''' MARIA L GARCIA ?:f~1:~ MVCOMMISSION#GG1157S2 ':.f,'6;~1 EXPIRES: October 16. 2021 ·":f.irlr..,,~·· Bonded 11Iru N"-O§OU PubHc UndelWJian. ... r.~ ••• , .....", 'J .It ignature 0 r Nut, ry ,..£;bl9 ./. N:t2c.i,1 Print or type name CFN: 20210111504 BOOK 32348 PAGE 130 EXHIBIT "AI" LEGAL DF.SCRIPTION OF PROPERlY The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and is described as follows: Lots 23 through 32, inclusive, LESS the North 10 feet of Lot 23; the West 5 feet of Lots 23, 24, 25, 26 and 27; the East 5 feet of Lots 28, 29 and 30; the East 5 feet of Lots 31 and 32 and the North 10 feet of Lot 32, W.A. LARKIN'S SUBDIVISION according to the Plat thereof, as recorded in Plat Book 3, Page 198, of the Public Records of Miami-Dade County, Florida. EXHIBIT "Bl" RESQLunON CFN: 20210111504 BOOK 32348 PAGE 131 CFN: 20210111504 BOOK 32348 PAGE 132 RESOWTION NO. 050-20-154!10 A Resolution pursuant to SectIon 20.&9 and other provisions oftha CIty afSouth MIami land DeveIGpJnent Code approvlns a Iarge-scaIe development on a 1.9- acre property known as the Wlnn-Dbde sfte located at saso SW 73rd Street and 7111 SW 51th Avenue and as Iesally described herein. WHEREAS, the applicant, 5850 SW 73 Street LLC, submitted an application requestlns a Special Exception approval for a Larp-Scale Development for a mbced-use building located at 5850 SW 73111 Street and 7331 SW 5gtb Avenue; and WHEREAS, the apphcant has submitted concurrent requests to chanse the Future Land Use Map deslpatlon of the site from Mixed Use Commerclal/Resldentlal to Transit Oriented Development District and to chanse the zonlnl from Nelshborhood Retail (NR) to Transit OrIented Development QIstrIct Mixed Use Market (TODD (MU-M»); and WHEREAS, the site consists of 1.9 aaas and the proposed development wll provide 248 residential units and approximately 36,395 gross square feet of aroc8ry store spaca; and WHEREAS, pursuant to Land Development Code (LOe) Section 2D-8.9 Special exceptions, any site that Is In excess of 40,000 square feet or any development In excess of four (4) stories, shall be desJanated as a Larue-Scale Development and reviewed by the Planning Board and shall require approval by the CIty Commission; and WHEREAS, at Its May 12, 2020 meetln& the Plannl,.. Board held a public hearlnB on the appHcatIon, consIdered each of the requirements and conditions fur Large-Scale Development listed In Sectlan 2O-S.9 of the LOC, and voted six (6) to one (1) to recommend approval of the ~edSpedale.cepdon;and WHEREAS, Section 2G-8.9 (C) requIres that aU uses In a large-scale development must comply wItb the followln. general requirements and any other requirements that the CIty CommIssIon may consider appropriate and necessary. and 1. All such uses shall comply with all requirements established In the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the CIty Commission. 2. All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. 3. The CIty Commission shall determine the overall compatibility of the development with the existing or planned surrounding uses; Page 1 of 7 CFN: 20210111504 BOOK 32348 PAGE 133 Res. No. WHEREAS, Sactlon 20-8.9 (e) requires that the development will: 1. Not adversely affect the health or safety of persons residing or worlclnsln the vldnlty of the proposed use; 2. NDt be detrimental to the public welfare, prvperty, or Improvements In the neJahborhood; and 3. CompRes with aU other appHcable Code provisions; and WHEREAS, the Mayar and CIty Commission oftha CIty of South Miami, hlvllI8 considered each of the Special ExceptIon requirements and conditions and having found that those conditions have been met, deslre to approve the application for the Special Exception with conditions. NOW, tHEREFORE, 8. IT RESOLVED IYTH! MAYOR AND CITY mMMlSSION OF11IE an OF SOUTH MIAMI, FLORIDA: ""In I: The recitals set forth In this resolution are true and they Ire supported by competent substantial evidence and they are Incorporated Into this resolution by reference as If set fDrth In fuD herein. _ 2. The application subm1tted by 5850 SW 71 Street LLC, requesting a Special Exception for a Larp Scale Development for a mlxed-use buIlding conslstll18 of a grocery store and residential uses within the TODD (MlJ..M) zonlns district located at 5850 SW 73 Street and 7111 SW 59 Avenue, South Miami, Florida, complies with the requirements of 20-8.9 (C) and (D) and Is hereby approved provided the Apphcant has complied with conditions 1 and 2 below within 30 days Gfthe rendition date of this resolution: 1. All documents submitted with this application are to ba made part oftha record. 2. Execution of I development agreement and covenants' In accordance with SectIon 20- &9(1) of the CIty of South MJamlland Development Code and which must Indude the following conditions and requirements: "...,1 CgMIIIIgp! I. The proposed development will be substantially built In accordance with the documents submitted Indudlns: Letter of Intent; Exhibit A (April 20, 2020); Plannlns Board SUbmittal (04/20/202D); loading Manapment Plan (AprD 21, 2020): and Traffic Study (April 2020). Plans submitted entitled "South Miami Marker'" conslstlns of a total of 69 sheets: Architectural Plans prepared by Corwil Architects (43 sheets)i Landscape Plans prepared by Geomantlc Desfsns, Inc. (13 sheats); and avll Plans prepared by Klmlay Hom (18 sheats). The survey was prepared by NarcIsca J. RamIrez and cansIsts of one sheet dated Aprl12, 2018. In addition, the foIIowJna amendments to these plans: Ground floor site plan (updated 5/26/2020HreflectIns that a column has been removed from the IoadIna zone to Page 2 of 1 Res. Ro. CFN: 20210111504 BOOK 32348 PAGE 134 aa:ammodate two WB-5O trucks on-slte); LoadIna Area Manqement Plan ExhIbIt 3 (updated 6/2I2020)(refIectIna the removal of the column noted above to aRow for two wa.so trucks an-slte); !oM1 Market WBSO ManeuverabIlity (4 sheets, updated 5/2&1202O)(showf". the maneuverabBlty/acteSS for both WB-S0s Into the loading area); Landscaping Sheets L-3, L-4, l-S, L-7, L-9, and L·U (aD updated 6/J/20ZCQCshaw1ns the replacement ofbromeDads with soft tip apve and the Induslan of the DeepRoot system as requested at FIrst Reaclns); the South Miami Me .... Plannlna Board Pn!sentatlon May 12, 2OZO (shown by the AppUcant at the May 12, 2OZO Plannins Board ha1rIn& and May 19, 2CJ2O CIty CammJssItm Hearfns); and the South MIamI Market CIty CommIssIon Presentation June 2, 2020 (shown by the AppIrcant at the June 2, 2020 CIty CommIssIon heartna). b. AD Streetscape Improvements required under any approvals must be completed prforto the flrst Certificate of Occupancy unless such deadline Is extended by the . CIty Manaser· e. Improvements to the Public Rlaht-of-Way must first be approved by the CIty of South MIami unless another federal, state, or local apncy requires prior approval. II. AlJImpact fees must be paid by the Applicant prtar to issuance of buldlnl permit. .. The Applicant must provide a declaration, slaned by the owner under penalties of perjury and In accordance with 192.525, Fla. Stat., attesting to the fact that the praJed 15 In compUance with the applicable Level of Services requirements prior to the Issuance of bulldlnl permit to the property. If any concurrency approvals expire a re-revlew must be obtained by the owner from the apprapalate apncy and a new declaration must be delivered to the CIty Manapr within 30 days of the expiration date. f. A new Concurrenty AnalysIs wiD be prepared by the CIty If there are any chanps that lnaease densities, intensities or population and If any adclltlanaJ fees are charged they must be paid for by the owner. S. finished floor elevations must be reviewed and approved for consistency with FEMA requirements and the Clty's National Insurance Flood Prosram Ordinance prior to bulldlns permit approval. h. The Applicant must be In compliance with appUcable conditions and requl ...... ents by MIami-Dade County Pubtlc Works Department, fire Rescue Department, Depaabnant of ReauJatory and Economics Resources -DERM (DRat), and MiamI- Dade County Water and Sewer Department, If any. L A secured bicycle room with amenities wW be made available to the commercial component of the development If the owner desires to use the bicycle bonus provision to add a floor. J. That the Applicant covenant or provide a declaration of restrictions, approved by the CIty Attomey as to form and substance, as proffered by the ApplIcant, that dedicates a minimum of 20,000 square feet of the retail area as IfOC8I y or market space for 30 years. Page 3 of ., CFN: 20210111504 BOOK 32348 PAGE 135 Res. No. Ie. Construction must only take place Monday throll8h Saturday durlnS the hours of 7:30 a.m. and 6:00 p.m. aean-up type activities that do not Involve mechanical equipment will be aUowacl on Sundays between 8:00 a.m. and 5:00 p.m. L landsgplnl In. I. 111e Apphcant must meet an of the minimum requlramen1s of the CIty Code~ Chapters 18 and 24 of the MlamJ.Dade County Code and spedflcallv • comply with all conditions Imposed by Miami-Dade County Department of Regulatory and Economic Resources • DERM (DRER), If any. U. Pursuant to Sec. 20-4.5, as may be amended, the AppUcant must preserve exlstins trees (lnducRns native trees) during the development of the project, wherever possible. If the trees must be removed, the Applicant must mltfpte the Impact In accordance with Oty requIrements. If the relocated trees do not survive, the Applicant must replace the trees In compliance with CIty requfrements. m. The Landscape Plan (Sheet L-l) notes that the AppUcant proposes to donate ftfteen (15) existing Sabal Palms to the aly. Should the CIty not accept this donation the Applicant must mltlpte these Palms as required by the CIty landscape Code. Iv. The property must be landscaped In accordance with the landscape ptan, Induded with the site plan submlttaf. I. The project must be In compliance with the requirements of the Miami- Dade County Water-Use EffIcIenty Standards Manual, effective January 2009, as may be amended from time to time. II. AD on-sIte storm water drainage systems shall be maintained In worldns order. The on-slte storm water dra1nqe system shall be deslaned and maintained to store the Project's storm water runoff on-site as required by applicable storm event desfgn requirements of DERM or SFWMD whichever controls.. ParkIng Is not allowed on top of any drainage Inlet or dralnap manhole. n. canstrudlan &en .. ' Cgndltlons. I. A Construction and Maintenance of Traffic (MOT) Plan must be provided by the Applicant to the BuildIng and Public Works Departments for approval prior to start of constructfon. Access points by construction vehicles must be provided within the MOT. All construction vehicles must use SW 58'" Court, SW 73rd Street, or SW 741ft Street unless otherwise approved by the Department. n. The AppUcant must provide for the reconstruction of the adjoining roadways, sidewalks and dralnqe to their conditions prlorto construction, or better, and to provide a performance bond equal to 10"" of the total cost of reconstruction. m. The Appbcant must provide a Construction Air Quality Manapment Plan to the Department prior to the start of construction. Page 4 of ., CFN: 20210111504 BOOK 32348 PAGE 136 Iv. A ConstructIon, Demolition and Materials Manapment Plan (CDMMP) must be submitted by the AppBcant at time of buJldlns permit. o. !rrhIter!rn. I. SUbstantial compliance with the approved plans Indudlna cIesIsn, materials, and color pa_ P. Applicant's proffered refinements and cammltments: L The 73rd Street streetscape. The Applicant shaD perform streetscape Improvements on 73rd street between 51th COurt and 59th Avenue (the "Streetscape Improvements"). The 73rd Streatscape Improvements Indude sidewalk paver Improvements, street pavement Improvements, and crosswalk Improvements. As part of the Streetscape Improvements the Applicant shall submit roadway geometry abgnment deslsn plans for review and approval by the Cly Manaler or CIty Manaler deslpee to meet the MiamI-Dade County public works minimum design standard for 73rd street, 59th Avenue and 58th Court Intersections, and cm-street parking. II. Supplemental Traffic Countlns. The Applicant shan perform trafflc counts on 59th Avenue between 74th Street and 80th Street and 59th Court between 76th Street and 78th Street within 18 months of final CertIficate of Occupancy and provide those results to the CIty Manager. III. Mobility Improvement Payment. The Applicant shall provide the CIty with a pedestrian mobility Improvement payment to the CIty'$ seneral fund In the amount of $250,000 payable at time of bulld1ns permit for the CIty to use In Its discretion to fund public realm Improvements ("MobUtty Improvement Paymen~). If, foRowin. completion of the construction of the Project approved herein, the Miami-Dade County Property Appraiser ,MProperty Appraiser") assesses the value of the lands together with the completed building at less than $70 million In the flrst year foIlowlnl Issuance of the final Certificate of Occupancy, then the Applicant shall provide an additional $250,000 payment to the Clty's general fund for the CIty to use for the same purposes described In the Immediately precedlnS sentence ("Second Mobility Improvement Payment") to be paid within 180 days of the Applicant's receipt of notice of the PrOperty Appraiser's post completion assessed property valuations. Conversely, If the Property AppraIser assesses the value of the lands and the completed building at $70 mUllon or more In the first year fallowing issuance of the Certificate of Occupancy, then the Second Mobility Improvement Payment shaD not be due. Iv. BIrd-friendly Design. The Appncant shalllncorporate bird-friendly design prlndples Into Its use and selection of glazing products and IIsht1nl design for the development. Page 5 of 7 Res. No. CFN: 20210111504 BOOK 32348 PAGE 137 v. CIstern. The AppllcantshaU Incorporate a cJstem to be used where feasible for the drip Irriptlon of Iandscaplll8 planted on or conttauous to the site. It Is expressly recognized that drlp-lrrlptlon may not be sufftdent for all of the proJect's Irriptlon needs. vi. Solar. The CIty recoplzes that limited roof area exists for the Applicant to Incorporate solar panels and that the Applicant Is constrained In Its abUlty to generate a substantial amount of power through solar. Nevertheless, the Applicant aarees to Incorporate solar panels where feasible, with the location of the panels to be the Applicant's sole dlsaetlon, to provide some amount of solar power to a building feature or component. vU. The Applicant shaD abide by the Hours of Operation, Monltorlnl tnaress and fSress, and laadIng Dock Manager sections of the SoMi Market Loadlnl Area Management Plan dated April 21, 2020 prepared by DavId Plummer & AssocIates and submitted by the Applicant. ¥IlL The delivery trucks serving the Project shaU not enter upon, park, tum or otherwise enter the parkins lot or other portions of the property Identified as 5900 S.W. 73rd Street, South Miami, Florida 33143 and Fofto No. 09- 4036-029-0010. be. The doors to the loadllll area prale oftha Project faclnl SW 59th Avenue shaO be closed except during active loading and unloading operations. SedIpn I. COftsIructIon Hours. To expedite the construction of the grocery store, the Commission hereby authorizes the CIty Manqer or deslanee to expand construction hours for the foundation pours or such other critical path construction activities necessary to ensure the fastest possible delivery of the completed arocery store space. ""'PI 4. Corrections. Conformlns lanauaae or technical scrlvener·type corrections may be made by the CIty Attorney for any conformlna amendments to be Incorporated Into the final resolution for s1gnature. 'r"nn 5. Severa ... I". If any section clause, sentence, or phrase of this resolution Is for any reason held Invafld or unconstitutIonal by a court of competent Jurlsdlctlo n, the hold'nl will not affect the validity of the remalnlns portfons of this resoluUon. Ces!Ipp &. ERadlve Date. this resolution will become effective upon enacbnent of the concurrent applications submitted by 5850 SW 73 Street LLC to amend the property's desfgnatlon on the Clty's Future Land Use Map from Mixed Use Commerdal/Residential to Transit Oriented Development DJstrIct and the City's ZonIna Map from Nefghborhood RetaU (NR) to Transit OrIented DtM!lopment DIstrIct MIxed Use Market (TODD (MlJ-M)). PASSED AND ADOmD this ~ day of aum, 2020. Page 6 of ., Res. No. CFN: 20210111504 BOOK 32348 PAGE 138 COY ERK COMMISSION VOTE: S-O Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Gil: Yea Commissioner Harris: Yea Commissioner Uebman: Yea Page 7 of 7 CFN: 20210111504 BOOK 32348 PAGE 139 EXHIBIT "Cl" ANTICIPATED DEVELOPMENT SQRIDULE Initiation of Site Plan review process before the ERPB ....................................... !l to lJ! MONTHS The Deve/oper anticipates Initiating the Site Plan review process before the ERP B within 8. to lfJ. months of the execution of his Agreement. Pursuant to Section 20-8.9(b)(1}, the Site Plan review process for the Large-Sca/e development shall be initioled before the ERPB within one (1) year of the City Commission's June 2,2020 approval of the Special Exception (the "Site Plan Review Initiation Period''). The Site Plan Review Initiation Period may be extended in accordance with Section 20-8.9(B)(1), LDC. Site Plan review and approval process before the ERPB ..................................... ! to II MONTHS The Developer anticipates the Site Plan review and approval process before the ERP B to take .6. to 12. months from initiation. Submittal of Building Pennit Plans ....................................................................... ! to 10 MONTHS The Developer anticipates submitting bUilding permit plans 8. to 111 months after the rendition of the development order granting final Site Plan approval by the ERP B. A legal, administrative, or judicial challenge to the development order that approves the Sile Plan may result in the Developer opting to delay submission of a demolition permit until the conclusion of such challenge, including all appeals. Approval of Building Permit Plans I Issuance of Building Pennits ....................... 1.to § MONTHS The Developer anticipates the approval process for the issuance of the building permits (including issuance of foundation permit, sile work permit, or partial permit) to take 2..to 6 months. Commencement of Construction ........................................................................... ~ to 10 MONTHS The Developer anticipates commencing construction within 8. to 1Jl months of the issuance of the bUilding permits. Complete Project Buildout .................................................................................. ~ to 3!l MONTHS The Developer anticipates completing the build out of the Project within M to JfJ. months of the commencement of construction. CFN: 20210111504 BOOK 32348 PAGE 140 EXHIBIT "Dl" BOUNDARIES OF THE PUBLIC PLAZA U » l • 11 • :J \) :> 00\ :,d \) ... '. u·".r~ •• ~ ,/ ' .. ' ... 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'it.·· ~·""r':rfl;M,.. n': 'JI ~. 1'1::':.01" :±i!. ~~.:!~'!.!: SK·9 SUNOAY NOVEMBfR 21 2020 MIAMIHERAlD.COM NEIGHBORS I 17SE SOUTH BEACH South Beach food festival will go on despite pandemic f\\' CAHLOS I'RiAS (fri<ls @miamihtrald.com The sprnwling food fes- tivalthat draws tens of thousands to SOUlh lieach every fe bruary is pl:mning to go on as an in-person event. The South Beach Wine & food Festival has been lining up talent for a five- day festivallhat wou ld cut capacity to one-third of its usual attendance o f 65,000, halve the number of eve nts, a nd limit it self to ollldoor-only d in ners, the festival's founder said. The festival still, by n o means, would be a small, intimate affai r. [t expects to drnw more than 20,000 people for its 57 events, down from 114, from Miami-Dade to Palm Beach counties. And the large, outdoor evenls that have been Ihe festival's hallmark w ill still go on, albe it at reduced capacity, and broken up into twO sessions with an hour-long cleani n g period in be- tween. "We know if we don't do it righ t, we'll screw illlP for the entire industry," festiv- al founder Lee Schrager said. Meanwhile , the festi val has drawn OUI a plan intended to curb the threat o f coronavirus transmis- s ion, Schrager said. It in- clud es o ne-way line s at events, a m ask require- ment except wh ile seated, health scree ning and t em- perature checks, no com - munal food a nd no "meet and gre et" opponunities with celebrity chefs. And stili, Schrager said, South Beach Wine & Food Fest ival will go on as planned for 2021. with some adjustments because of the pan demic. all that could change if COVID-19 cases continue to s urg e . More than 14 0,000 new cases were diagnosed in a single day in the U nited States th is week. And in Miam i-D ade, the rale of people testing positive for corona virus has nearly doubled in the last week to m ore than 9 per- cent. The counly had to drop \0 10 percent before the mayo r allowed restauran tS to reopen. Scaling back (he large, outdoor gatherings has been the festival's focus. The annual Burger Bash, which usually crams 4,000 people unde r a b lock-long beachside tent, will be s plit int o two sessions of 1,000 people each, including staff. One session will run fro m 6-8 p.m., the other fro m 9-11 p.m. The beach- side BubbleQ, a bar becu e and champagne event, will serve two groups of 1,000 people e ach. Smaller dinners will s tili be part of the festival. But festival goers will be se ated at individual tables de- pending o n their p:\ny's s ize. Guests who want \0 s it together will have \0 buy tickets together. It 's a lesson the festivalleanled from a trial nm at last month's New York City W ine & food Festival, wh ich Schrager also founded. The number of na t ional talent flying in will also be c u t fro m about 400 to 100 or so, Schrager said . T hat will put the focus primarily o n local resta ura nts and chefs, many o f whom have garnered nat ional accl;!im . A full slate of events will be available bv D ec. 7 at the website, sobewff.org, Schrager said, and tickets go on sale Dec. 14. Schrager said the fe stiv- al "will not make o ne penny this year," and for the first time, the festival is reimbursing participa- t in g chefs up to $700. The int ent of holding the festival in some in- person way, he said, was to support a re staurant industry that has been decimated by the viru s' spread . "If we do this correctly, ~ Schrager sa id , "we hope t o lead the \Vav fo r how events like ihi s can be held." C arlos FrillS: 305-376-·1624 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS tn accordance wilh City 01 South Miami Code. Chapter 2B6.011. Fla. Stat. the Cl ty's Home Rule Powers. and the City Manager's declara tion 01 a s tate of emergency due 10 the Coronavirus. the City will be holding Its City Comm ission Meeting VIRTUALLY. The meeting Is scheduled to begin on Tue sday Pscember 1 2020 a t 7'00 pm to con:dder the 'ollowing pl.lblic hearing It em(s): A Resolution a uthorizing th e City Manager to ent e r Into a multi-y ear contract for youth ba s eball services. A Resolution concerning a pprova l of a Dev e lopment Ag reement for land de li c rlbed thereIn and gene rally located at 5850 SW 73 Street a nd 7331 SW 59 " Avenue , South Miami. FL. for a larg e-sca le mlxed-u lie development with 248 residential units a nd proposed building Int ensily of 36,3 95 squa re feet of comme rci al space, prop05ed population densities of 611 peopl e, 8 parkin g garage and a proposed he ight o f 118 feet e ighl inch e5; a copy of the proposed ag reeme nt Is av a llabte In the City's Cle rk's oltice. An Ordinan ce pursuant to Section 20-5.7 and othe r app lic a bl e provision s 01 the City of Sout h Mi ami Land De ve topment Code mod ifying Articl e VIII, Section 20-8.3 r egar ding th e Transit-Orien ted Deve lopment District Mi xe d-U s e Market (TODD (MU-MH. An Ordin ance amending Section 20-3.3(0) (Permitted Use Schedule) of Ihe Cit y's l and Development Cod e to permit dental offices in the GR (Gen eral Retail ) Di strict , un de r cert ai n conditions. Governor DeSan tl s's Executive Order (E.D.) Number 20-69 suspended that portion of Secllon 166.041(41. Fla. SIal., Ihal required a quorum to be physic ally prese nt to adopl resolutions and enact ordinances. 11 E.D. No. 20-69 Is extended. City slall and all Commission members will participate by video conlerenclng through Ihe Zoom platform and members 01 Ihe public may joi n th e meeting via Zoom at (hUns'''lOpm us1j/3056636338) and particip a te. If E.O. No. 20-69 is no t eK tended. three members of the City Commissioner win be physlcany present In the CUy Commission Cham bers ' and they will be broadcast on th e Zoom platform along wilh all other members 01 the Commission. City Stall and the pl.lblic who may attend remotely Irom othe r locati ons. II you desire to present evidence or you are unable to use Zoom. there are procedu res to follow and other opllons avai/able in cl uding a dedicated phone line to listcn and participate In the meeting and limi ted public aUendance. ail of which Is setlorth In the meeting notice posted a t Ci ty Hall and at hlt p,//www liou thmjamj!! goy/580/Pub!!c-Meelinos-Nolices. Anyone who wishes to review pending appllcation. suppor ting documentation or who desire to have documents made avaitable lor viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pu rsuant to Florida Statutes 286.0105. a person who decides to appeal any decision made by II Board. Agency o r Commission with respect to any matter considered at Its mee ting or hearing. a record of the proceedings will be required lor said appeal and such person will be required to have a verbatim tran script of th o proceedings Including the 1estimony and evidence upon which the appeal Is to be baSed. ADA : To request a mod ification to a polley, practice or procedure Of to requesl an aUKitiary aldo or service In order to participate In a Ci ty program. activity or event. you must on or before 4:00 p.m. 3 business days belore the mecting (not counting th e day 0 1 the meeting) de li~cr your Icauestto the City Clerk by te lephone: 305-663-6340. by mall ill 6130 Sunset Drive, Soulh Miami. Florldil 0 1 email ill npaynev soulhm iaml ll.gov. Nkenga A. Payne. CMC City Clerk ·1 ... _""'"'-¥ •• , ..... ..,u.o ., ........... "'.~.,,"'-...,._r"""lnlu.C<'(.1 "·,,_,..,orlho .......-. or .... 0"""""""11 1>00> ..... con ...... 'e • """'''''' All ."....,.,..~ ""'" or • ma,crJly or • """""" ",0HnI .. Mcft .. .., 10 ..... ".,....ood.' ... c.'" .d.oc>Iony ,.oo>ut"" ... 30 MIAMI DAILY BUSINESS REVIEW PublIShed Dally cxwpI SalUfday, Sl.roday and Legal Hotidaya M .amJ. M:am..oade CounIy, Flooda STATE OF FLOR IDA COUNTY OF MIAMI·D ADE: Bedore the und ersigned authority personally appeared GU ILLERMO GARCIA. who on oath sa ys thaI he or she Is tho DIRECTOR OF OPERAT IONS . Legal No tices 01 the MIam i Dalty Business Review fll<Ja Miami Review, a dally (except Saturday , Sunda y and legal Holldoy s) newspa per , pubhShed al Miami in Miami-Dade County, Florida ; thaI th e attached copy of advertisement, being a legal AdvertISement 01 Notice in tho matter 01 CITY OF SOUTH MIAMI-PUBU C HEARINGS -OEC 01 ,2020 In lhe XXXX Coun. wa s published i n said n~'lSpapet In the issues of 1112012020 CITY OF SOUTH MIAMI, FLORIDA NOTI CE OF PUBLIC HEARINGS In accoroance with City of South Miami Code. Chapter 286.01 1. F1a. Stat, the City's Home Rule PO\'Iers, an d the City Manager's declaration of a state , of emergency due to the Coronavirus, tho City will be holding its City Affiant further says Ihal Ihe Mid Minmi Da lly Bus iness CommissIon Meeling ViRTUALLY. The m eetIn g Is scheduled to begin on Review Is a newspnpcr published at Miam i, in said Mlami-Dode Tu.o~ny. DMc..ffiRell. 202iLot 7:0(Lp..m. to consider the following public Coun ty, Florid a Dnd that the sa id newspaper has here tofol e hearing l1om(s): been con tinuous ly published In said Mia mi -Dade County, Florida each day (except SlI!urd ay Sunday and Legltl Holidays) Dnd A Resolution concerning approval or a Developm ent Agreement for . l and described therein ond genorally located 0\ 5850 SW 73 Stroet has beon entered as second class mail mOIl Ol DI th o post and 7331 SW 59th Av enue. South MiamI, Fl, for a largoscale mhte d-use office In MIami In sa id Miami-Dade County, Fl odda tor D period ckvoloprnent with 248 reside ntial units Dnd proposed building intensity of 01 ono year next preceding the firs t publicatiOn 01 the attached 36,395 square feet 01 commercial space, proposed population densities copy 01 edvenlsement. and affiant further says thaI he or she of 611 poople, a'parti ng g arago and 0 proposed height 01 118 fcct has neither paid nor promised any person , rl/'m or corpo ra tion eight Inches; a copy of the proposed agreemont Is availab le in the City's Clerk's office. any dIscount, rebate. commiss ion or refund for th e purpose of secunng this advef1ls ement for publication In the sa id newspaper . 5b~::/i~ GU ILLERMO GARCIA personally known to me ;i~'~., CHIVSTlNlI LYNN RAVIX ;./"I:I.\., COlMJlSSlOn#GG277711 t •. :~;~.~~j Expires November 19, 2022 .~~!:~.~~ .. -~TlruT'W:tFainlr.!;nr;..t.c:).36~7 ~· fi ... An Ord inance pursuant to Section 20-5.7 nnd othor oppJ1cllbJe pro visions of the City of South Miami land Development Code modrtylng Artide VIII, Section 20--8.3 regarding the Transit· Orionted Development District Mixed-Use Morket [TODD (MU-M)). An Ordinance amendi ng Section 20-3.3(0) (pormlHed Use Schodulo) of tho City's Lond Development Code to permit dontal offices In the GA (Ge neral RotaiQ Di strict, u ndor corroln conditions. Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that portion of Sectio n 166.M1l4), Fl a. StaL, 'hnt roqulroo a. quorum to be p~lfy present 10 adopl resolullons nnd enact ordinances. It E.a. No. 20-.69 Is extended, City staff and all Commission members will part/c1pa le by video con rerencing through t he Zoom platfonn and members o f the public may Join the meeting via Zoom ot (hI1Ps:flzo OIll.u s{j/30_5663G 33 8) and participate. If E..O. No. 20-69 Is not extended. three mombers of the City Commissioner will be physically present In the City Commission Chambers 1 and they will be broadcasl on Ihe Zoom p laUorrn along with all omer members of !he Commission , City Staff and tho pub6c who may attend remolliy from other locations. " you deslr8 10 p..esenl evidence o()w are ~ 10 use Zoom, there are procedures to follow and other op1tortS availabl e iocIuding a d ed icated phone line to listen and participate in the meeting and limited public anendance. aJ of ~hich is set forth In the meeting notice posted al City Hall and al h.!Jp':lJwww.southm!Dn:Jil~ovJ580JPubllc-MeeJin.!ls...:f:oIo tlces . Ivryone woo wishes to review pending application. supporting documentation or who ~ to have doct.ments made available for vicwIlg by everyone dumg the meellng must contact the City CIes1( by cnlling 305·663-6340. 31 cJy of Sou:th Miami Nole that pursuant to Florida Statutes 286.0105, a parson who decldes to appeal any decisio n made by a Board, Agoncy or Commlsslon with re spe ct to any matter considered allts meeting or hearing, a record of the proceed ings wm be requ ired for said appeal and such person will be required 10 have a verbatim lrallSCript of the proceecbngs includlng the testimony and evidence upon whIch th e appeal Is 10 be basad. ADA; To request a modification 10 Q policy. practlco or procedure or to request an auxiliary aide or service In ord er to participate In a City progmm, actfvity or event, you must on or before 4:00 p.m. 3 business days before the m eeting (nol cou nting th e day 01 tile meeting) deliver your request to the City Clerk by telephone: 305-663·6340. by mall at 6130 Sunset Drive , South Miami. Florida or emall at npayneOsouthmlamln.gov, Nkenga A. Payne, CMC City Clerk 1 The mInimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) •.• A majority of the members of the governing body shall constitute a quorum . All affirmative vote of a majority of a quorum present Is necessary to enact any ord Inance or ado pt any resolution .••• 11120 20-8110000499781 M 32 SUNDAY DECHIBfR 6 JOJO MIAMIHERAtD.COM NE IGHBORS I 15SE ATTENTION! TRANSPORTATIO N PUBLIC H EARIN G Come and learn about the Fl o rida Department of Transportation 's District Six Tentative Five -Year Work Program for Fiscal Years 2021/2022thru 2025 /2026 Miami-Dad e Co un ty Hea ri ng 6 p.m . to 7 :30 p.m. Monday, December 14, 2020 Attend 10 Per so n SCan me 10 RSVP FDOT District Six Auditorium lor ln·person 1000 NW 111 Avenue , Miami , FL 33172 Sp ac e i s Li mited: RS V P by December 9 , visit www.fd ot m iamidad e.co m/work-program or scan the OR code. dt:\, ~ The in -person Public Hearing will be in compliance with all current Centers for Disease Control and Pr evention (CDC) g uid elines, and social distancing will be followed. Attend Vi rtu a ll v Sc:an me to att!!nd .... r:ually To attend the Public Hearing via G oToWebinar from your computer, tablet or smartphone please register using the link bel ow or scan the QR Code : h ttps ://atteo dee. g o t oweb i n a r, co mlreg i ste r /2945653633860474380 Participants can also use thei r phone by d ialing in to: +1 (914) 6 14-3221; Access code: 225 -276-7 1 5 YO UR OP INION IS IMPORTANT TO US FDOT PROJ ECT MANAGERS WILL ATTEND VIRTUALLY TO HE AR YOUR T HOUGHTS AND ANSWER YOUR QUESTIONS . PublIC ~inngs a'e be nIl held In acc:o'dance WIth Secnon 339.135 , Flot!dn SUllules and to on,,· tne Pl.loIc an oppot!unllV 10 convnem on all Pl"ojedl {Of roglTway sys:ams and publ<c uar.spoMal ,on with'" AOf,da Deparlmltnl 01 T'ansQOrlatian D,SI'lCI S,. s Tenta~",e FIVe-V!!aI Work P'ogfam. D'slm;\ S,x com·prises M,aml-Dad!! ana Monro!! Count,es. Th!! Tentalive F"'I!-V,,~, Wo.k Prog.am the peflOO 10' 2021120 22 -202S12026 . Send WTI!1c-n eomm!!"15 by D!!cembe. 24 . 2020 10 "sh Bu,!!her. D,sl'-=' P~bloc:: IntormatJon Ot'lce r, by ma~ 1000 NW III Av!!nu e. Room 6134, M,am ,. Flenda 33172 O! cmal TI ~.Bufgher @,d0l6late. I!.us. These C:)mmenl, .... 'H al$O be ,nal'l>Offtlec '" 10 Ir>II puo!><: documem. ,ne prOpOse(! Improveme nts haV!! DIlen dl!Veloped 111 aCO(lrdanc(t .... 'th the CIV~ RoghlS AcI 01 1964 Bo;.d !he eMI Rlgnl AcI 01 1968. P~bI ,c pa'1'opahon '$ !lObOied .... InOUI ,ega.d 10 faC!!, color, nlltJQOal Ofl9,n, ag!!. su. 'ehg an . dJs.abilily Of lamily stalus Persons who reQu i.!! special aeellmmOOal,ons und". tI'll Arne.u::;.ns Wllh O'$no,/I· I,!!S Act c. p!!f sons wh o '!!QUIt!! I.anstallon se.,,"c!!! II.!!!! 01 dla'9!!) snoulO CQI'\Uct hene Varela. P.E. bV phone at !305) 470-5342 In Wt,tJ"lj at FOOT 1000 NW til Av!!nue ","am,. FL 33172 o· Vla em",1 al l'ene.Va.eia ilt do1.Sla:!!.!..us atieasl sev!!n cays pno ' 10 the meehng. CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance with CUy 01 South Miami Code, Cha pter 286.011 . Fla. Sta t, the CUy 's Home Ru le Powers, and th e City Manager's declaration 0 1 a slato 0 1 emergency due to tho Co ronaviru s, Iho C it y wlll bo holding Its Ci ty Commission Me etIng VIRTU ALLY. The meeting is scheduled to begin on Tue s day pecember 15 2020 at 7'00 pm to c onsider th e followIng public hea ri ng lIem(s ): A Re solution conce r ning a pproval of a Devel opment Agreement for l and descr ibed therein and gen er ally l ocated at 5850 SW 73 Street and 7331 SW 59 '" Avenue, South Miami, FL, for a ta rge-sca l e m i xed-use d eve topment with 24B re si dential units and proposed building int!!nslty of 36,395 squar e feet of commercial s pace, proposed popUlation dcns ltics of 611 peopl e, II parking ga r age and a p roposed height of 118 f!!et eight Inches; a copy of t he propose d agr eement is available Irl the City's Cl erk's ofli ce. An Ordinance amending Section 20-3.3(0} (P e r mitted Use Schedu l e) of the City's Land Deve l opment Code t o permit dental offices i n the GR (General Retllil) Distr ict, under certain conditi ons . A Reso l ution r elating to a Variance application to reduce th e minimum Iront setback requirement, the minimum rear setback r equirement, the mini mum side street setb a c k requiremen t and the minimum side (with d r iveway) se tback requirement f o r a comme rcial buildin g l ocated at 4000 SW 57 Av en u e. A Re so lution r el ating to a Va riance applica tion to incr ease t he ma.imum i mpervious cove rage r equirem ent lor a commercia l building l ocated at 4000 SW 57 Avenue. A Resolution relating to a Variance applica tion to reduc e the minimum amount 01 required off-slreet parking spaces f o r a commerdal building l ocated at 4000 SW 57 Avenue. A Resolution rel atin g t o a Variance applicatio n to reduce th e mini mum l andscape requirements for a com m e r ci a l bulldirlg l ocaled a t 4000 SW 57 Avenue. Governor DeSanti s's E.ecutlve O rder (E.O.) Number 20-69 suspended that portion o f Secti on 166.041(4). Fla. Stal., tha t required a quorum to be physicall y present to adopt resolulion s and enact ordinances. II E.O. No. 20-69 is extended, City stall and all Commission members will participate by vide o conlerencing through the Zoom platform and members Of Ih e pubUc may join the meeting via Zoom at (h!!ps"/lzogm 'I 5/j/3056636338) and participate. If E.O. No. 20-69 is nol e.tended, three members of the Cit y Commissione r will be physically pr!!sent In Ihe City Commission Chambers and Ihey w ill be broadcast o n Ihe Zo om plaltorm along with all othel members 01 the Commission, City Stall and the public who may attend remolely from other localions. II you desire to present evidence or you arc unable to usc Zoom, there arc pr ocedures to follow and other options available Includin g a dedicated phone li ne 10 li s ten a nd parll cipale in the meeling and li mited pubtic att endance. all of which i s set forlh In the meeting nollce posted at City Hall an d at htlp"IIwww soythlD lami!! goy/S80/Public_Mee!lngs_Ng!ices Anyone wh o wishes 10 revie w pendin9 applicallon . su pporting documentation or who desire to have documents made available lor viewing by everyone during lhe meeting must conlae' Ihe Ci ty Cle r k by camn g 305-663-63':0. NOI ~ Inal lly.su a~110 Flo.lc a Stalules 286.0 105. a Il ~.s cn who decides 1(> '(me,1 any cec'l-on mace Oy a 90"" Agency o. Comm,ssion Wiln .al Peel 10 any mall~. conside."" al il5 mcclinl1 O. tIC •• ing. a 'CC(>I<l 01 I~c p.<>ccedl~li' ,,~n be .eQu i,eO Ie .... Id appeal and such pe'lon .... 111 be .e<:uI ,~d 10 ha .... a V<lrbfttlm Ir.nlc,lpt 01 toe Ilrpccedlnll" l"ciyolng Ihe lesli rncny ,nd cvltlcnCG UDOn ..nIClllhe aDD eal 1110 he based . ADA 10 .oquesl a mlHllli Clilion 10 a p o lley. practice 0' p.ocedu.e 0' to .equest an au .llia.y nldc o. u."ce In or Cl e. 10 p,",cipale In a Clly p'OII.am a CII>'ily o. c~cnl you muol on O. belore 4:00 p.m. 3 busillcu dayo belo .c Ih e meet,ng (nOi counting Ihe d.V 01 Ihc mecllng ) .,cff,·c. you. 'C<:~C51 10 Ihc City Cle.k by I"lel/h one: 305-E63-ii!40, by mall al 6130 Sun.et 0""". Soulh M,.ml. Flcrlcl~ o. emaY ft: npayn ..... ouln""amlfl.go~. Nkenga A. P<lyne . CMC CIty Cle rk 1". "'''m~''' " ... ~a'd .l'" ._""11' , • .cI"1Ioft '" .".c~"" ",. ..... o.nc.o:or .. 0" '""'""' '65 0",41'" A "_d~ "'",. __ • '" III • .,.,.......,V bOd'! 011011 "",,"'M •• cu_ "" .~.-.. "",. (If. '"..,..""" 01. _"'" ", ...... ,. "0<: ......... '0 •• ,,0:. _ Of" .. ....,. .. ad""'""',.""" ........ 33 MIAMI DAILY BUSINESS REVIEW Pubhshed Dally except Saturday. Sund(ly .:md legal Holidays Miami, Mlaml-Oade County , Flonda STATE OF FLORIDA COUNTY OF MIAMI·DADE : Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the OIREC10R ()~ OPERATIONS, Legal Notices of th e Miami Da ily Business Review flk/a MIami Review, a daity (except Saturday, Sunday and lega l Holid<ly s) newspaper, publ ish ed at Miami In Mlami ·Dade County, Fl orida ; that the attached copy of adve rt isement , being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -DEC. 15 , 2020 in the XXXX Court, was published in said newspaper in the issues of 1210412020 Affiant further says that the sai d Miami Daily Bus iness Review Is a newspaper publ i shed at Miami . in said Miam i -Dade County. Florida and that the said news pap er has heretofor e bee n continuously published in sa id Miami -D ade County. Florida each day (except Saturday . Sunday and legal Holidays) and has been entered as second class ma il maUer at the post office in Mi am i in sa id Miam l-O ade County . Florida . l or a period of one year next preceding the first publ ication 01 the attached copy of advertisemenJ; and affian t furt her says that he or she has neither pa id nor prom ised any person , fi rm or any discount. rebat e. commission or refund for the sccunng \his advertisement for publication in Sworn 10 and subscribed before me th is 4 day .2020 ,.1!:W-k:·o CHRISTINl\ LYNN RAVIX ~:.l'l ·.4 ··~.E Comm issio n lJG G271771 \~;~$': Ex pires November 19 2022 " '. 0 , ,"'''.' Bond ' .......... !!d Thru Troy Fain IIIstrr ax£ SOO-JSS-7()1!l ~ corporation purpose of the said CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance with City of South Miami Code, Chapter 286.0 11, Aa. Stat, the Ci ty 's Home Ru le Powers, and the City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting VIRTUALLY. Th e meeting is scheduled to begin on Tuesday. Dece mber 15 2020 at :00 .m. 10 consider the fo llowing publi c hearing item(s): A Re solution concerning approval of a Development Agreement for land de scribed therein and generally located at 5850 SW 73 Street and 7331 SW 59th Avenue, South Miami, FL. for a largesca le mixed-use development with 248 residential un its and proposed building Intensity of 36,395 square feet of commercial space, proposed population densities of 611 people, a parking garage and a proposed height of 118 feet eight Inches; a copy of the proposed agreement Is available In the City's Clerk's office. An Ordinance amending Section 2O-3.3{D) (Pennitted Use Schedule) of the City's Land Development Code to permit dental offices in the GR (General Retail) District, under certain conditions. A Resolut ion relating to a Variance applicatio n to reduco the minimum front setback requirement, the minimum rear setback requirement, the mini mum side stree t setback requirement and the minimum side (with driveway) setback requirement for a commercial building located at 4000 SW 57 Avenue. A Reso lution re lating to a Variance application to increase the maltlmum Impervious coverage requirement for a commercial building loca\ed at 4000 SW 57 Avenue. A Resolution relating to a Vari ance ap plication to reduce the minimum amount of required off-street parking spaces for a commercial building located at 4000 SW 57 Avenue. A Re so lution re l ating to a Variance application to reduce the minimum landsca pe requirements for a commercial building located at 4000 SW 57 Avenuo. 34 Mi CifYl I Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that portion of Section 166.041(4), Aa. Stat.. that required a quorum to be physically present to adopt resolutions and enact ordinances. If E.O . No . 20·69 Is extended, City staff and all Commission members will participate by video cooferencing through the Zoom pl atform and members of the publio may join the meeting via Zoom a l (bu~il~.QQ!Jl--,-us!j~30~.2.~ and participate. II E.O. No. 20·69 is nOI extended, three members of the City Commissioner wilt be physically present in the City Commission Chambers1 and they win be broadcast on the Zoom platform along with all other members of the Commission. City Staff and the public who may attend remotely from other locations. If you d esfre 10 present evidence or you are unable to use Zoom, there are procedures to follow and other options available inctudlng il dadlcated phone Rne to liSten and participate in lhe meeting and IImlled public nttendance, all of which Is sst forth In the meeting notice posted at City HaS and al bttp:l~""'ln,JW<[!;§!)(l'ubll~-M~;'1lI':Ii"-U.,... Anyone who wiShes to review pending application. supporting documentation or who desire to have documen ts made avalJable for viewing by everyone during the meeting must contact the City Cleric by calling 305-663-6340. 1 The minimum standards for adopting a tesolltion Q( enacting an ordinance are se t forth in 166.041(4) •.• A majority of the rnembor.; of the governing body shaJl coostitufe a quorum. An affmative vole of a majority 01 a quorum present is necessary to enact any ordinance or adopt any resolution .••• Note thaI pursuant to Florida Statutes 266.0105. a person who decides to appeal any decision made by a Board, Agency or Commission with respect 10 any matter considered at its meeting or hearing. a record of the proceedlngs wi!! be required for said appeal and such person will be required to have a verballm transcript of 100 proceedings including the test imony and evidence upon whlch the appeal Is to be based. ADA:. To request B modifICation to a policy. prnctke or procedure or to request an auxinary aide or service in order to participate [n a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) delll/er your request to the City Clerk by lelephone: 305·663·6340, by man at 6130 Sunset Drive, South Miami. Florida or email at npa yneOsouthmiamifl.gov. 1214 Nkenga A. Payne, CMC CityCletk 20-27/00005014D4M 3 5