Res No 073-23-16006RESOLUTION NO. 073-23-16006
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT WITH AVALON SOMI,
LLC, FOR THE PROPERTY LOCATED AT 5850 SW 73 STREET, SOUTH
MIAMI, FLORIDA, PURSUANT TO SECTION 20-8.9 OF THE LAND
DEVELOPMENT CODE AND SECTIONS 163.3220-163.3243, FLORIDA
STATUTES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT;
MODIFYING AUTHORIZED CONSTRUCTION DAYS AND HOURS
PURSUANT TO SECTION 7-16(G) OF THE CITY'S CODE OF
ORDINANCES UPON A FINDING OF EXTRAORDINARY
CIRCUMSTANCES; MODIFYING THE PARKING FEE AND FINE
SCHEDULE TO ALLOW FOR THE ONE TIME BULK LEASE OF
PARKING SPACES WITHIN THE SOUTH MIAMI MUNICIPAL
PARKING GARAGE DURNG THE CONSTRUCTION OF THE PROJECT;
AUTHORIZING THE CITY MANAGER TO RELEASE AND/OR
TERMINATE REQUIREMENTS, OBLIGATIONS, AND INSTRUMENTS
REQUIRED BY THE FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT TO THE EXTENT INCONSISTENT
WITH THE SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT; PROVIDING FOR CORRECTIONS,
IMPLEMENTATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, on June 2, 2020, the City Commission passed Resolution No. 050-20-15490,
approving a large-scale development on the property located at 5850 SW 73 Street, South Miami,
Florida (the "Property") pursuant to Section 20-8.9 of the City'S Land Development Code (the
"LDC"); and
WHEREAS, pursuant to Section 20-8.9(C) of the LDC, a Development Agreement is
required in connection with a Large Scale Development approval; and
WHEREAS, on August 10, 2020, the then owner of the Property, 5850 SW 73 Street,
LLC, entered into that certain Development Agreement (the "Initial Development Agreement")
recorded in Official Records Book 32056, Page 4026, of the Public Records of Miami-Dade
County, Florida (the "Public Records"); and
WHEREAS, on February 2, 2021 , AVALON SOMI, LLC, a Delaware limited liability
company (the "Applicant"), entered into that certain First Amended and Restated Development
Agreement (the "First Amended Development Agreement") recorded in Official Records Book
32348, Page 110, of the Public Records; and
WHEREAS, the Large Scale Development approval is the subject of a Minor Modification
approval by the City Manager pursuant to LDC § 20-8.9.1 to modify the proposed mixed-use
Page lof4
Res. No. 073-23-16006
project consisting of up to 290 residential units, up to approximately 45,000 square feet of
commercial development -including a ground-floor grocery store, small bay retail, and back of
house areas, with a building height of ten (10) stories (up to approximately 124 feet) (the
"Project"); andWHEREAS, the Applicant seeks to enter into a new Development Agreement, in
substantially the form attached hereto as Exhibit "A," to govern development of the Project on
the Property (the "New Development Agreement"); and
WHEREAS, the New Development Agreement will be supported by additional
instruments required under Section 20-8.9(1) and (J) of the LDC; and
WHEREAS, the City Commission, having held duly noticed public hearings on June 6,
2023 and June 20, 2023, pursuant to Sections 163.3220 -163.3243, Florida Statutes (2023) and
Section 20-8.9(C) of the LDC, finds that the requirements, obligations and instruments required
by the Initial Development Agreement, together with any provisions of the First Amended
Development Agreement, that are inconsistent with the terms of the New Development
Agreement, are unnecessary given the Project, and the New Development Agreement, and may be
released and/or terminated by the City Manager as necessary; and
WHEREAS, the City Commission finds that the community's need for a grocery store to
replace the grocery store currently existing on the Property, together with the community's need
for redevelopment within the zoning district known as the Transit Oriented Development District
-Mixed-Use Market (TODD-MU-M), constitute extraordinary circumstances sufficient to justify
extended construction hours pursuant to Section 7 -16(g) of the Code of the City of South Miami,
Florida (the "Code"), subject to the Applicant's compliance with the Code, LDC, the New
Development Agreement, and the Florida Building Code; and
WHEREAS, the City Commission finds that the bulk lease of parking spaces as set forth
in the New Development Agreement justifies a one-time reduction of parking permit fees set forth
in the City's "Schedule of Fees and Fines" dated May 3,2023 for the duration of the construction
of the Project, subject to the Applicant's continuous construction and compliance with the Code,
LDC, the New Development Agreement, and the Florida Building Code; and
WHEREAS, the City Commission further finds that the New Development Agreement
meets the requirements of Section 20-8.9(C), (I) and (J) of the LDC, and Sections 163.3220 -
163.3243, Florida Statutes (2023), and wishes to (i) approve the New Development Agreement,
(ii) authorize release and/or termination of the requirements, obligations and instruments required
by the Initial Development Agreement, together with any provisions of the First Amended
Development Agreement, that are inconsistent with the terms of the New Development
Agreement, without abrogating any vested rights, and (iii) authorize the City Manager to finalize
and execute the New Development Agreement in substantially the form attached as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Page 2of4
Res. No. 073-23-16006
Section 1. Recitals and Findings. The recitals set forth in this Resolution are true and
correct, and are supported by competent substantial evidence, and they are incorporated into this
Resolution by reference as if set forth in full herein. The City Commission finds that the New
Development Agreement meets the requirements of Section 20-8.9(C), (I) and (J) of the LDC and
Sections 163.3220 -163.3243, Florida Statutes (2023).
Section 2. Approval. The City Commission hereby approves the New Development
Agreement in substantially the form attached as Exhibit "A," subject to approval in form and
substance by the City Attorney.
Section 3. Authorization to Execute New Development Agreement. The City
Commission hereby authorizes the City Manager to finalize and execute the New Development
Agreement, in substantially the form attached as Exhibit "A."
Section 4. Construction Hours. Based upon a finding of extraordinary circumstances
as required by Section 7 -16(g) of the Code, the City Commission approves extended construction
hours as set forth in the New Development Agreement subject to the Applicant's compliance with
the Code, LDC, the New Development Agreement, and the Florida Building Code. Construction
shall only take place Monday through Saturday during the hours of 6:00 a.m. and 6:00 p.m. Clean-
up type activities that do not involve mechanical equipment will be allowed on Sundays between
the hours of8:00 a.m. and 5:00 p.m.
Section s. Parking During Construction. Based upon the bulk lease of parking
spaces within the South Miami Parking Garage located at 5829 SW 73 Street, the City Commission
approves a one-time reduction and modification of parking permit fees set forth in the City's
"Schedule of Fees and Fines" dated May 3,2023 for the duration of the construction of the Project,
subject to the Applicant's continuous construction of the Project and compliance with the Code,
LDC, the New Development Agreement, and the Florida Building Code. Consistent with, and as
limited by, the New Development Agreement, the Applicant shall pay 90% of the fee for the lease
of parking spaces set forth in the City'S "Schedule of Fees and Fines" dated May 3, 2023.
Section 6. Authorization to Release and/or Terminate Previous Development
Agreements. The City Commission hereby authorizes the City Manager to finalize and execute
release and/or termination of the requirements, obligations and instruments required by the Initial
Development Agreement, together with any provisions of the First Amended Development
Agreement, that are inconsistent with the terms of the New Development Agreement, to the extent
necessary to effectuate the New Development Agreement, and without abrogating any vested
rights.
Section 7. 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 8. Implementation. That the City Manager is authorized to execute any
required documentation or take any action that is reasonably necessary to implement the purposes
of this Resolution, including but not limited to corollary agreements required by the LDC.
Page 3 of4
Res. No. 073-23-16006
Section 9. S everabilitv . In th e event a ny po rti o n o r secti o n of thi s Reso lu t io n is
d ete nnine d to b e in va lid , ill ega l o r un co nst ituti o na l by a co ul1 or age ncy of co mp ete nt jurisd icti o n,
s uc h d ec is ion s ha ll in no way affect th e re ma inin g po rt io ns of thi s Reso luti o n , w hi c h s h a ll re m a in
full fo rce a nd e f fect.
Se ction 10 . Effectiv e Da te. Thi s Reso luti on s h a ll beco m e effect ive imm edi ately up o n
ad o pt io n .
P ASSE D AN D ADOPTE D on Firs t Rea din g on th e 6th day of Ju ne, 2023.
P ASSE D AN D ADO PTE D o n Seco nd Read in g thi s 20<" day of J un e, 2023.
ATTEST:
REA D AN D A PPROVED AS TO FORM ,
EXEC~F
We iss Sero ta H e l fm an Co le & B ie rm an, P.L
C ITY ATTORNEY
Page 4 of 4
A PP ROVED:
t AYOR
CO . ISS ION VOTE:
Mayor Fe rn andez:
Vice Mayo r Bo n ic h :
Co mmi ss io ne r Ca ll e :
Co m m iss ione r Corey:
Co mmi ss ione r Li e bm an :
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:2.
Special City Commission Agenda Item Report
Meeting Date: June 20, 2023
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH AVALON SOMI, LLC, FOR THE
PROPERTY LOCATED AT 5850 SW 73 STREET, SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION
20-8.9 OF THE LAND DEVELOPMENT CODE AND SECTIONS 163.3220-163.3243, FLORIDA STATUTES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT; MODIFYING AUTHORIZED CONSTRUCTION DAYS AND HOURS
PURSUANT TO SECTION 7-16(G) OF THE CITY’S CODE OF ORDINANCES UPON A FINDING OF
EXTRAORDINARY CIRCUMSTANCES; MODIFYING THE PARKING FEE AND FINE SCHEDULE TO ALLOW
FOR THE ONE TIME BULK LEASE OF PARKING SPACES WITHIN THE SOUTH MIAMI MUNICIPAL PARKING
GARAGE DURNG THE CONSTRUCTION OF THE PROJECT; AUTHORIZING THE CITY MANAGER TO
RELEASE AND/OR TERMINATE REQUIREMENTS, OBLIGATIONS, AND INSTRUMENTS REQUIRED BY
THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT TO THE EXTENT INCONSISTENT
WITH THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT; PROVIDING FOR
CORRECTIONS, IMPLEMENTATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
1_-_CC-DevAgree_Avalon_Bay_Staff_Report_06152023 (1).docx
2 -
Resolution_Approving_New_Development_Agreement_for_Avalon_Somi_Projwect__Construction_Hours__and_Bul
k_Parking_Rate__-SR CAv4.docx
SoMi Development Agreement 6-16-23 SR Final for Agenda.docx
Exhibit I - Streetscape Improvements.pdf
Exhibit J .pdf
SoMi Development Agreement REDLINE Showing Changes from First Reading.pdf
MH Ad - Development Agrement 5850 SW 73 St.pdf
MDBR Ad.pdf
1
Miami Herald Ad.pdf
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:June 15, 2023
Subject:Consideration of a Second Amended and Restated Development Agreement
with Avalon SoMi, LLC.for Property located at 5850 SW 73rd Street
RECOMMENDATION:
Staff has reviewed the Second Amended and Restated Development Agreement (the “New Development
Agreement”)and recommends that the City Commission find on Second Reading that the New
Development Agreement meets the requirements of Section 20-8.9(C), (I) and (J) of the LDC, and therefore
(i) approve the New Development Agreement, (ii) authorize the City Manager to execute the New
Development Agreement in substantially the form in the attached Exhibit “A,” (iii) make findings and
approve modified construction hours, (iv) authorize a modification of monthly parking rates based on bulk
rentals during construction as set forth in the New Development Agreement, and (v) authorize the City
Manager to release and/or terminate previous development agreements or related instruments that are
inconsistent with the New Development Agreement to the extent necessary.
BACKGROUND
On June 2, 2020,the City Commission approved a Large Scale Development for a nine (9) story mixed-use
building located at 5850 SW 73rd Street on 1.9 acres with 248 residential units and 36,395 square feet of
commercial space. The applicant submitted a concurrent request to change the zoning from
Neighborhood Retail (NR) to Transit-Oriented Development District Mixed-Use Market (TODD (MU-M)).
The project developer,5850 S.W. 73 Street, LLC., entered into a Development Agreement with the City of
South Miami on August 4, 2020.
On November 4, 2020, Avalon SoMi, LLC. purchased the property and development rights to the project.
On February 2, 2021, the City Commission approved the First Amended and Restated Development
Agreement for Avalon SoMi, LLC.
On November 1, 2022, a Substantial Compliance Determination approved some minor modifications to
the project, including the reduction of the square footage of the non-residential portion of the project to
30,820 square feet.
A Minor Modification to the project increasing the number of units to 290 was approved by the City
Manager on June 15, 2023.
The applicant is requesting that the City authorize the City Manager to execute a new Development
Agreement and release and terminate the previously approved development agreement to the extent
necessary, without abrogating vested rights, if any. Staff finds that the Avalon SoMi, LLC, has not
3
City of South Miami
Avalon SoMi, LLC.
Development Agreement
June 15, 2023
Page 2 of 7
demonstrated that it has any vested rights under the previous agreements that require preservation, so
the language reserving vested rights is included in an abundance of caution.
ANALYSIS
On June 2, 2020, the City Commission passed Resolution No. 050-20-15490, approving a large-scale
development on the property located at 5850 SW 73 Street, South Miami, Florida (the “Property”)
pursuant to Section 20-8.9 of the City’s Land Development Code (the “LDC”); and
Pursuant to Section 20-8.9(C) of the Land Development Code (the “LDC”), a Development Agreement is
required in connection with a Large-Scale Development approval; and
On August 10, 2020, the then owner of the Property, 5850 SW 73 Street, LLC, entered into that certain
Development Agreement (the “Initial Development Agreement”) recorded in Official Records Book 32056,
Page 4026 of the Public Records of Miami-Dade County, Florida (the “Public Records”); and
On February 2, 2021, AVALON SOMI, LLC, a Delaware limited liability company (the “Applicant”), entered
into that certain First Amended and Restated Development Agreement (the “First Amended Development
Agreement”) recorded in Official Records Book 32348, Page 110 of the Public Records; and
The Large Scale Development approval is the subject of a Minor Modification approved by the City
Manager on June 15, 2023, pursuant to LDC § 20-8.9.1 to modify the proposed mixed-use project
consisting of up to 290 residential units, up to approximately 45,000 square feet of commercial
development – including a ground-floor grocery store, small bay retail, and back of house areas, with a
building height of ten (10) stories (up to approximately 124 feet) (the “Project”); and
The Applicant seeks to enter into the New Development Agreement, in substantially the form attached in
Exhibit “A,” to govern the development of the Project on the Property; and
The New Development Agreement will be supported by additional instruments required under Section
20-8.9(I) and (J) of the LDC; and
4
111111111111111111111111111111111111111111111
CFN 2023R0567939
OR BI( 33837 Pss 419-513 (95F'9S)
I-~ECORDED 08/i5!:W2~i 1 t ~ 3~;:20
JIJIIH FERH!,HDEZ··P,!,F.:QIJIH
CI.ERK OF THE cuuln & COt'lPTROLLEll
SECOND AMENDED AND RESTATEID',I'iI-D!,OE CQUcrrY, FL
DEVELOPMENT AGREEMENT
between
DEVELOPER: AVALON SOMl, LLC,
a Delaware limited liability company
and
CITY OF SOUTH MIAMI,
a Florida municipal corporation
and
SECOND AMENDED AND RESTATED
COVENANT RUNNING WITH THE LAND
DATED AS OF AUGUST 10,2023
DEVELOPMENT AGREEMENT
THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
("Agreement") is made and entered into as of thisl Oth day of August , 2023, by and
between the CITY OF SOUTH MIAMI, a Florida municipal corporation ("City") and AVALON
SOMI, LLC, a Delaware limited liability company ("Developer").
RECITALS:
WHEREAS, the Developer is the owner of the real propelty located within the City which
is more particularly described in the legal description attached hereto as Exhibit A (the
"Property"); and
WHEREAS, on June 2, 2020 the City Commission passed Resolution No. 050·20· 15490,
approving a large·scale development on the Property pursuant to Section 20·8.9 of the City's Land
Development Code ("LDC"); and
WHEREAS, on August 10, 2020, the then owner of the Property, 5850 SW 73 Street,
LLC, entered into that certain Development Agreement (the "First Development Agreement")
recorded in Official Records Book 32056, Page 4026 of the Public Records of Miami·Dade
County, Florida (the "Public Records"); and
WHEREAS, on February 2, 2021, the Developer entered into that certain First Amended
and Restated Development Agreement (the "Second Development Agreement") recorded in
Official Records Book 32348, Page 110 of the Public Records (collectively, the First and Second
Development Agreements are referred to herein as the "Previous Development Agreements"); and
WHEREAS, on November I, 2022, the City's Environmental Review and Preservation
Board ("ERPB") granted final site plan approval to the Developer (the "Approved Site Plan"); and
WHEREAS, on June 23,2023, the City Manager granted approval of a minor modification
to the Approved Site Plan and posted notice of the approval on the City's website pursuant to LDC
§20·8.9.10n July 22,-2023; and ---------------
WHEREAS, Section 20·8.9 of the City's LDC requires a Development Agreement to be
entered into with respect to the Property which grants certain assurances regarding the
construction, operation and maintenance of the proposed Project; and
WHEREAS, the City and Developer desire to enter into this Agreement for the purpose
of providing the terms and conditions on which the Property is to be developed; and
WHEREAS, this Agreement is entered into in accordance with the Florida Local
Government Development Agreement Act, Section 163.3220·163.3243, Fla. Stat. ("Act") and
pursuant to LDC § 20·8.9; and
WHEREAS, the City Commission conducted two public hearings on June 6,
June 20, 2023, pursuant to notice requirements of the Act, including without
§163.3225(2), with regard to this Agreement and the City Commission approved the
2
NOW, THEREFORE, in consideration of the mutual covenants entered into between the
City and Developer, and in consideration of the benefits to accrue to each, it is hereby agreed as
follows:
1. Recitals.
The above recitals are true and correct, deemed to be findings, and are incorporated herein
and made a part hereof.
2. Statement ofIntent and Effect
This Agreement amends and restates the Prior Development Agreements -and replaces
them -without abrogating any of the Developer's vested rights.
3. Exhibits.
Attached hereto and fmuling a part of this Agreement are the following Exhibits L
Exhibit A Legal Description of Propeliy
Exhibit B Special Exception Approval, City Resolution No. 050-20-15490
Exhibit C Anticipated Development Schedule
Exhibit D Boundaries of the Public Plaza
Exhibit E Notice of Administrative Decision Approving Minor Modification
Exhibit F Approved Site Plan with Minor Modification ("Regulat01Y Plans")
Exhibit G Pelmitted Development
ExhibitH Public FacilitieRto_Serve the_Project
Exhibit I Streetscape Improvements
Exhibit J Right-of-Way Restoration Area
4. Defined Terms.
Unless the specific context indicates otherwise, all definitions set f01th within Florida's
Growth Management Act, including the Florida Local Govemment Development Agreement Act,
shall be adopted and included herein. The following tenns as used herein shall have the following
meanlllgs:
"Act" shall mean the Florida Local Government Development Agreement
To the extent that any exhibit conflicts with the language and terms of the If.,'g\tel
language and temlS of the Exhibits will govem.
3
163.3220-163.3243, Florida Statutes.
"Agreement" shall mean this Development Agreement, entered into by the City of South
Miami and Avalon Somi, LLC.
"City" shall mean the City of South Miami, a Florida municipal corporation, having its
principal offices at 6130 Sunset Drive, South Miami, Florida 33143.
"City Manager" shall mean the City Manager of the City of South Miami.
"Developer" shall mean Avalon Somi, LLC, a Delaware limited liability company, or any
permitted successors, assigns, transferees, delegates, or heirs thereof.
"Development Permits" shall mean the approvals set forth in Section 5(t) of this
Agreement.
"Development Schedule" shall mean the anticipated development schedule shown on
Exhibit C.
"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 paliy.
"Effective Date" is the date when the City records the executed Agreement in the Public
Records of Miami-Dade County, as provided in the Act §163.3239.
"Electronic Communication" includes e-mail, facsimile transmission, or any non-physical
communication means that may be developed in the future.
"ERPB" shall mean the City's Envirollllental Review and Preservation Board.
"ERPB Approval" shall mean the final site plan approval granted by the ERPB on
November 1, 202£, See Seetion-5(t)(iv) ofthisAgreement.----------
"Event of Default" shall have the meaning ascribed to it in Section 9 of this Agreement.
"Existing Zoning" shall mean the zoning in effect on the Effective Date of this Agreemen't,
which specifically includes the text amendments approved in connection with the approval
of the Project and codified in City Ordinances 17-20-2371,35-20-2389, and 02-23-2453.
"Force Majeure Events" shall mean any of the following: strikes, lockouts, acts of God,
pandemic, unusual delay in obtaining or inability to obtain labor or materials due to
govel1ill1ental restrictions, enemy action, civil commotion, fire, hun-icane, severe weather,
sabotage, unavoidable casualty, or other similar causes beyond the reasonable control of a
paliy. Force Majeure events do not include a paliy's insolvency or financial N,n,n;!;
anything that causes a defanlt in any Project financing or difficulty in obtaining
"LDC" shall mean the Chapter 20 of the Code of Ordinances City of South Miatfl{frl~
4
(the "Code") and shall have the meaning for "land development regulations" set forth in
the Act, including without limitation §163,3221(8). All references to Section 20 followed
by a dash (i.e. Section 20-8.9 or §20-8.9.l) refers to Chapter 20 of the Code as it existed
on the Effective Date.
"Life of the Project" shall mean the period commencing with the final certificate of
occupancy for the constmction of the Project under the terms of this Agreement mnning
tlu'ough the date when the Project is completely demolished.
"Project" shall consist of the improvements contemplated to be constmcted by the
Developer on the Property pursnant to the Regulatory Plans.
"Public Plaza" shall mean the Developer owned area of land depicted in Exhibit D that
functions as part of the public realm and is open to members of the public in accordance
with Sections 5(e) and 6(d) of this Agreement and LDC §20-8.2 and §8.l0(C).
"Property" shall mean the real property located within the City more particularly described
in the legal description attached hereto as Exhibit A.
"RegulatOly Plans" shall consist of the plans entitled "South Miami Market" dated March
22, 2023 by COlwil Architects, together with supporting submittals, filed by the Developer
and approved by the City Manager on June 23, 2023 as a Minor Modification to the
approved site plan approved by the ERPB Approval. The RegulatOlY Plans are attached
hereto as Exhibit F.
"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 othelwise indicated here or
within this Agreement.
"Special Exception" mean the required process for approval of a Large-Scale Development
. __ ...a~set fOl1h i~~ection 20-8.9_,J,I>~,-_. . ______________ ____ _
"Special Exception Approval" means City Resolution No. 05-20-15490 adopted June 2,
2020, and attached hereto as Exhibit B to this Agreement.
"Streetscape Improvements" means the surface streetscape improvements to 73,d Street
shown on Exhibit I.
5. Required Elements of a Statutory Development Agreement.
This Agreement is entered into in accordance with the Act and includes all required
elements pursuant to §163.3227, Fla. Stat.
(a) Property Legal Description and Ownership: The legal description
Property subject to this Agreement is attached hereto as Exhibit A
Developer, Avalon Somi, LLC, is the legal and equitable owner of the
5
(b) Term: This Agreement shall have a term often (10) years after the Effective Date
unless sooner terminated pursuant to Section 6(h) of this Agreement. Developer's
obligations under Sections 6( c), 6( d) and 6(f) of this Agreement shall survive
expiration of this Agreement and extend throughout the Life of the Project.
(c) Permitted Development: The development that is permitted on the Property,
including population densities, and building intensities and height, which are
subject to this Agreement, is more specifically set forth in Exhibit G.
(d) Public Facilities to Serve the Development Site: A description of the public
facilities that will service the Project of the propelties subject to this Agreement,
including who shall provide such facilities; the date any new facilities, if needed,
will be constructed; and a schedule to assure public facilities are available
conCUlTent with the impacts of the development is included as Exhibit H hereto.
(e) Public Reservations andlor Dedications: The Public Plaza depicted in Exhibit D
is owned by the Developer but shall function as palt of the public realm and be
open to the public in accordance with LDC §8.2 and §20-8.l0(C), for the Life of
the Project 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 Public Plaza will be maintained by Developer in
good, clean and first-class condition and 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.
Notwithstanding the foregoing, and for the avoidance of doubt, there is no
"reservation" or "dedication" of land for public purposes as those terms are
technically defined.
(f) Development Permits: The approvals listed below are the local development
penuits approved and needed to be approved for the development of the land:
1. Future Land Use Map Amendment: On June 2, 2020, the City
. -Commission -passed Ordinance-No. 16-20-2370, amending the City's---
Comprehensive Plan Future Land Use Map to designate the Property
Transit-Oriented Development District (TODD).
n. Rezoning: On June 2, 2020, the City Conuuission passed Ordinance No.
18-20-2372, amending the City's Official Zoning Map to rezone the
Propeliy Transit-Oriented Development District Mixed-Use Market
(TODD (MU-M».
lll. Special Exception Approval: On June 2, 2020, the City Conmlission
passed Resolution No. 050-20-15490, approving a large-scale development
on the Propeliy pursuant to Section 20-8.9, LDC.
IV. Final Site Plan Approval: On November 1,2022, the City's
site plan approval (the "ERPB Approval").
v. Site Plan with Minor Modification Approval: On June
6
Manager granted approval of the minor modification and notice of the
approval was subsequently posted on the City's website pursuant to Section
20-8.9.1, LDC.
(collectively, Development Pennits 5(f)(i)-(v) are referred to herein as the "Existing
Approvals")
The Property will need to receive approval of the following additional development
pennits before construction on the Project can commence:
vi. Demolition Permit
VI1. Bnilding Permit(s)
V111. Tree Removal Permit
(collectively, Development Pennits 5(f)(vi)-(viii) are referred to herein as the
"Future Approvals"). The Existing Approvals and Future Approvals make up the
Development Pelmits. Notwithstanding the foregoing list, there could be other
pennits, approvals, and pennission required by other units of govenrment with
jurisdiction such as Miami-Dade County.
(g) Finding of Consistency with the City's Comprehensive Plan and LDC: The
City has adopted and implemented the Comprehensive Plan. The City hereby finds
and declares that the provisions of this Agreement dealing with the Property and
the Project are consistent with the City's Comprehensive Plan and Land
Development Regulations (subject to all applicable requirements, pennits and
conditions of any Development Permits).
(h) Public Health, Safety, and Welfare: The City has found it Ulmecessary to impose
additional conditions, tenus, restrictions, or other requirements for the public
health, safety, or welfare of its citizens beyond those required under the City's
. CocIe~l,DC, the ExistitlgApprovals~-and this AgreemenC
(i) Required Statement Regarding Potentially Omitted Permits, Approvals,
Procedures, Conditions, Fees, Terms and Conditions: The Developer and the
City agree that the failure of this Agreement to address a palticular pelmit,
approval, procedure, condition, fee, telm or restriction in effect on the Execntion
Date of this Agreement shall not relieve Developer of the necessity of complying
with the regulation goveming said pelmitting reqnirements, conditions, fees, telms
or restrictions, snbject however to the terms and provisions of this Agreement.
6. Project.
(a) Regulatory Plans. The Developer and City acknowledge and agree that the
will be developed in substantial confOlmance with the plans entitled
Market" dated March 22, 2023 by Corwil Architects, together with
submittals, filed by the Developer and approved by the City Manager
7
2023 as a Minor Modification and attached hereto as Exhibit F. The Minor
Modification approval authorizes modifications to the ERPB Approval. It is agreed
aud acknowledged that the Regulatory Plans may be amended from time to time in
accordance with and the City's process for modifying a site plan. Any such
amendment that exceeds the scope of a minor modification as set forth in LDC
Section 20-S.9.1, may require a new special exception, and shal1 require a new site
plan approval and amendment to this Agreement.
(b) Project Uses. In accordance with LDC § 20-S.9(F) the Project shall not contain a
single permitted non-residential use that exceeds eighty thousand (SO,OOO) square
feet of gross floor area. The Project shall initially contain a full-service grocery
store and a minimum of 20,000 square feet of indoor ground floor area devoted to
a grocery store, exclusive of back of house, loading area and common areas of the
building (the "Grocery Store Space"). In accordance with Section 20-S.3(A)( 4), the
floor area of Grocery Store Space includes: 1) areas accessible to the public during
the grocely store's business hours; and 2) limited access areas accessible only by
grocely store employees necessalY for the operation of a grocery store, these limited
access areas include, but are not limited to, areas dedicated to the storage and
preparation of food and non-food products, employee breakrooms, and
management offices. The lease for the Grocery Store Space shall have a minimum
duration of fifteen years (exclusive of extensions), shall require the tenant to open
a grocery store to the public and, shall require the grocely store to be open at hours
consistent with the grocer's similarly branded operations within the State of
Florida. For the avoidance of doubt, following the satisfaction of the opening
requirements set forth herein the Grocery Store Space may be repurposed for other
uses permitted under the Code.
(c) Developer shall use commercial1y reasonable efforts to ensure that the GrocelY
Store Tenant:
(1) PerfoIDls regular sweeping of the sidewalk and Public Plaza adjoining the
GJ:QQe1Y StoreJ'Pllce, amL othelwisek:eep~suchartOadean _anJi freefi'OllL
rubbish;
(2) Properly bags and disposes of al1 trash and garbage and secures all outdoor
dumpsters and receptacles servicing the Grocery Store Space so as to
prevent any unauthorized dumping; and
(3) Arranges for the regular pickup and removal of trash and garbage from the
Grocery Store Space.
(d) Public Plaza. The Public Plaza indicated on the Regnlatory Plans, and as more
clearly defined in the attached Exhibit D will be open to the public in accordance
with LDC §20-S.10(C) for the Life of the Project, with at least 50% of the Public
Plaza area maintained free from impediments such as chairs/tables,
sales" or other promotional or business activities in connection with the
unless prior written consent of the City is obtained in each instance, Wlll\'~yl!l'
8
may be withheld at the City's sole discretion. The Plaza may be 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.
There shall be no reserved seating in the Public Plaza for patrons of the Project,
including, without limitation, the GrocelY Store Space. While the Public Plaza will
be open to public, it will remain the Propelty of the Developer, or its successors in
interest. Developer shall allow the City to access the Public Plaza at all times for
the exercise of the City's police powers in connection with emergency response or
crime scene investigation.
(e) Parking. Parking will be provided as set forth in the RegulatOly Plans.
(f) Loading. The Developer will use commercially reasonable efforts to limit the hours
of operation during which the Project's loading area doors may require opening and
closing for active loading and unloading operations. In the general course of
business these hours shall be limited daily to 6:00 a.m. to 10:00 p.m .. It is
understood that for the grocery store to provide essential food products to the
community that the loading area doors may need to be opened outside of these
hours during states of emergency, holidays, and special events. The Developer will
use all commercially reasonable efforts to ensure the doors to the loading area
remain closed when active loading and unloading operations are not underway.
(g) Signage. The signage approved in the RegulatOly Plans may be modified without
additional ERPB review so long as the modified signage is generally consistent
with the dimensions, character, and materials shown in the Regulatory Plans.
Nothing within this section should be constmed to prevent or limit the Developer
from seeking approval of additional and/or alternative signage in accordance with
theLDC.
(h) Anticipated Development Schedule. The Developer shall advise the Planning and
Zoning Director in writing of any material change to the Development Schedule.
The-13evelopmentSchedule, or any change filed with the-Director,shallnotalter
or extend expiration dates set fOl1h in the Code, the LDC, or this Agreement.
Notwithstanding the foregoing, the Developer has submitted a master building
pennit application for the Project to the City as of the Effective Date, and shall
diligently pursue such building pelmit in order to commence constmction on or
before May 1, 2024, subject to extension under LDC, Section 20-S.9(B)(2) (the
"Expiration Date"). Once a master building pennit is issued, Developer shall
diligently pursue consnuction and shall maintain the master building pelmit active,
subject to extensions allowed by law. Developer's failure to obtain a master
building pelmit prior to the Expiration Date, or failure to maintain the master
building permit active through final certificate of occupancy, shall render the
Development Pelmits and this Agreement terminated, void and of no furth,,,·
or effect.
(i) Character and Operation Standards of Property and Project. The pal1i~:t<B'<iCc
and acknowledge that the way the Project is developed, operated,
9
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, 'condition, repair and appearance and in a manner and in compliance
with all applicable federal, state or local laws, rules, regnlations, 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 ofthe Project required herein,
and Developer will use all reasonable efforts to enforce such rules and regulations.
However, nothing contained herein shall 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.
(j) Streetscape Improvements.
(I) 73'd Street Streetscape Improvements. The Developer shall perform
streetscape improvements on the surface of 73,d Street as shown more
particularly on attached Exhibit I (the "Streetscape Improvements").
Developer shall perfOlID the Streetscape Improvements prior to the final
celiificate of occupancy for the residential component of the Project.
Should unforeseen events impede the timing of the Streetscape
Improvements, the City Manager may extend the deadline in the exercise
of his reasonable discretion. In the event that the City Manager declines to
extend the deadline, than the Developer may provide a performance bond
in an amount of 110% of the remaining Streets cape Improvements to cover
the expense of any remaining Streetscape Improvements and proceed to
final certificate of occupancy. Upon the posting of said bond and submittal
of a plan and timeline for Developer's completion of the remaining
Streetscape Improvements found acceptable to the City Manager in the
exercise of his reasonable discretion, the Streetscape Improvement
-condifion-shall15e-releasedas condition pi'eceden(to-a fillalcertificate of
occupancy. Developer shall obtain any approvals necessary for right-of-
way improvements from the City and Miami-Dade County, as applicable.
(k) Placemaking Payment 2. The Developer shall contribute $250,000 (the
"Placemaking Payment") to the City'S general fund to fund placemaking or other
public realm improvements (including design, acquisition, and construction) at the
City'S discretion. The "Placemaking Payment" shall be payable prior to issuance
of the first building permit for the Project. If, following completion of the
construction of the Project approved herein, the Miami-Dade County
Appraiser ("Property Appraiser") assesses the value of the lands to&~etlJ~~
The Placemaking Payment was previously defined as the "Mobility Improvement Pavment'!
versions of the Agreement and in the Special Exception Approval.
10
7.
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
pnrposes described in the immediately preceding sentence (the "Second
Placemaking 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 valne 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 Placemaking Payment shall not be
due.
(I) Impact Fees. All impact fees must be paid prior to the issuance of building permits
unless such deadline is extended by the City Manager.
(m) Art in Public Places. Prior to the final certificate of occupancy for the residential
component of the project, the Developer shall comply with the Art In Public Places
requirement, pursuant to Code Section 7-17.
(n) Wildlife Sanctuary. Developer acknowledges that the City is a designated Wildlife
Sanctuary pursuant to Section 5-1 of the Code and, in addition to the requirements
set forth in the Code, Developer specifically agrees to use best efforts to minimize
disruption to avian wildlife, including, without limitation, by adopting measures
to avoid bird-window collisions. For the avoidance of doubt, the project plans
previously approved by the ERPB Approval incorporated sufficient wildlife
protection design strategies to satisfy the owner's obligations under this paragraph
and nothing within this paragraph is intended to impose a new obligation above
those previously presented and approved by the ERPB Approval.
(0) Right-of-Way Restoration. The Developer shall restore the rights-of-way abutting
the Project on the east, west, and south by providing such asphalt resurfacing and
repairs needed to restore the streets to a condition equal to or better than their
. ______ preconstrltcIiOJlConditionas shown on ExhibitJ. _____ _
Project Construction.
The City and Developer seek to promote efficiency in the permitting and construction
process in order to restore a grocely store to the City's hometown as expeditiously as possible
following closure of the existing grocery store on the Property.
(a) Findings. Pursuant to Code Section 7-15(g), the City Commission finds that the
community's need for a new grocely store constitutes extraordinmy circumstances
justifying extended construction hours in order to expedite construction of the
Project as set forth below.
(b) Construction Hours. Construction shall only take place Monday tluou:gl];~~~~~~~,~~
during the hours of 6:00 a.m. and 6:00 p.m. Clean-up type activities
involve mechanical equipment will be allowed on Sundays between .. ,,"'''--
8:00 a.m. and 5:00 p.m.
11
(c) Critical Path Construction. Pursuant to the Special Exception Approval (Res. 050-
20-15490, §3) the City Commission has authorized the City Manager (or designee)
to expand construction hours for foundation pours or such other critical path
construction activities necessary to ensure the fastest possible delivery of the
completed grocery store space.
(d) MOT Plan. A Construction and Maintenance of Traffic Plan ("MOT Plan") shall
be provided by the Developer to the Building and Public Works Departments for
approval prior to commencing construction. Access points by construction vehicles
shall be provided within the MOT Plan.
(e) Closure of City Street Parking During Construction of Project and Streetscape
Improvements. At the request of the Developer during active construction of the
Project or Streets cape Improvements, the City Manager may approve the closure
and bagging of sidewalks and parking spaces adjacent to, and immediately affected
by, the construction activity. The City shall waive fees associated with such closure
of parking spaces during active construction for a period not to exceed 30-months
fi'om the commencement of construction. In the event that the Developer requires
the closure of parking spaces beyond this 30-month period, the Developer agrees
to pay $15 per day for any space that remains closed beyond such 30-month period.
Fees shall be calculated beginning on the first day of the 31 sl month following
commencement of construction. The number of spaces used for such calculation
shall be those post construction off-street parking spaces shown on the Regulatory
Plan.
(f) Construction Worker Parking. Developer shall cause its contractor and all
construction workers who travel to the Project by automobile to park in the parking
garage owned by the City located at 5829 SW 73 Street. Developer shall rent a
minimum thirty (30) parking spaces within the garage on a monthly basis for the
entire period from issuance of the master building pennit for the Project until final
certificate of occupancy. Developer may rent up to one-hundred and twenty (120)
additional parking spaces in the parking garage on a monthly basis at varying times
- -(fofa tomlof oiIechuEuredahd fifty (150rparkinfCspac-es aCpeakufilizaficin).--
Developer shall pay for each parking space it rents within the garage on a monthly
basis at a rate equal to 90% of the monthly parking pelmit fee set forth in the City's
adopted Schedule of Fees and Fines.
(g) Noise During Construction. The provisions of this Section 7 do not authorize or
excuse violation of Article III, Chapter 15 of the Code (the "Noise Ordinance").
Developer shall at all times maintain the Property and construction activity in
compliance with the Noise Ordinance. The City reserves authority and jurisdiction
to enforce the Noise Ordinance.
(h) Trees. Consistent with LDC, Section 20-8.l4(A)(1)(a).i.a. and subject to
Manager approval, any site trees required for the project that cannot
provided on the Property may be planted at the Developer's cost at
altemate location( s) in the City, or be mitigated through a payment'
12
Fund pursuant to the Tree Mitigation Value Chart set forth in LDC, Section 20-
4.5.1(M).
(i) Demolition Timing and Compliance. A demolition pelmit may be obtained prior to
approval of the RegulatOlY Plans or any amendment thereof. Demolition and
constJUction shall at all times comply with Code Sections 7.15.2 and 7.16.
8. Land Uses.
For the term of this Agreement, the City agrees that it shall pelmit the development of the
Property in accordance with the Existing Zoning, the City's adopted Comprehensive Plan, the
Regulatory Plans, and this Agreement. Nothing contained in this Agreement shall prohibit
additional pelmitted or special uses on the Property which may be subsequently enacted by the
City. The expiration 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 Development Permits. In accordance with Section 163.3223, the City's laws and policies
goveming the development of the land at the time of the execution of this Agreement shall govern
the development of the land for the duration of this Agreement. That said, nothing contained herein
shall prevent the City from applying subsequently adopted laws and policies to this development
if the local govemment has held a public hearing and detelmined:
a. They are not in conflict with the laws and policies goveming the development
agreement and do not prevent development of the land uses, intensities, or densities
in the 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 OCCUlTed in pertinent conditions existing at the time of
approval of the Agreement; or
d. The Agreement is--based on substantially inaccurate infOlmation supplied by
Developer.
The expiration or termination of this Agreement shall not be considered a waiver of, or
limitation upon, the requirement, and City's enforcement, of the LDC. Developer will devote the
Property and Project only to the uses specified in this Agreement and shall be bound by and comply
with all the provisions and conditions of this Agreement. The Property shall not be used by
Developer nor shall 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 inunoral or disreputable
(including without limitation "adult entertaimuent establislnnents" and "adult" bookstores) or
exh'a-hazardous, or in such maimer as to constitute a nuisance of any kind (public or private), or
for any purpose or in any way in violation of the certificates of occupancy (or other
approvals of applicable govenmlental authorities) or of JUles, regulations, ordinances
applicable to the Property.
9. Failure of Performance.
13
(a) In the event the Developer fails to perform in accordance with or to comply with
any of the conditions and agreements which are to be perfOimed or complied with
by the Developer in this Agreement (a "Default") 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 fine will be assessed against
the owner Developer in the amount as may be set forth in the City Fee Schedule.
for each day the Developer remains in Default thereafter plus interest. For the
purpose of this section, any uncured Default beyond applicable cure periods shall
be deemed a civil infraction and violation of Section 20-8.9 of the LDC as of the
date upon which the cure period ends. If the City elects to initiate code enforcement
proceedings against the Developer for a Default, the City shall proceed with
enforcement as provided in Section 2-25 of the City Code. For the avoidance of
doubt, other than the obligation to open as a grocer, and the Developer's efforts to
ensure the grocer maintains the properiy and sunounding areas as set forth in
Section6(c) of this Agreement, matters relating to the grocer's operations shall not
constitute a default under this Agreement.
(b) In the event that a fme 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 foreclosure action for the full amount of money incuned by the City for
said expense as well as for any fme that has been assessed. The City's lien will be
perfected upon being recorded in the Public Records and will be of equal rank and
. -------dignity anne lien of City's ad-va:IOfemtaxes andsuperloriffrank and digfittyto 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.
(c) The City has the right to proceed against the Developer to collect the above-
described costs and expenses without resOliing to a lien and/or lien foreclosure. The
City's 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. In addition to code enforcement fines and interest,
Developer shall be liable to the City for its actual expenses to enforce the
Agreement, including but not limited to administrative costs, court costs,
professional fees.
(d) Unavoidable Delay or Force Majeure Events. Notwithstanding
provisions of this Agreement to the contrary, and except as provided
the City nor Developer, as the case may be, nor any successor in
14
considered in breach of or in default of any of its obligations, including, but not
limited to, the preparation of the Propelty for development, or the beginning and
completion of construction of the Project or the Streetscape Improvements, if any,
or progress in respect thereto, in the event of unavoidable delay in the perfom1ance
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. With respect to any Force Majeure Event
that results in any damage to the Project and/or the Streetscape 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 all 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 Project and/or the
Streetscape Improvements to the condition which existed illli11ediately preceding
the Force Majeure Event causing the damage. For the avoidance of doubt, the
Developer does not possess an on-going obligation to relating to this paragraph (d)
following completion of the Streetscape Improvements and receipt of a final
certificate of occupancy for the Project.
(e) Obligations, Rights and Remedies Cumulative. The rights, remedies and privileges
of the pmiies 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
wi1lneither be deemed to constitute an election of remedies, nor will it preclude the
pmty 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 patty. No waiver made by either pmty 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
. -patty lnak:inglhe wai'vel' with-l~spect tollie pmiiculaTilbligafions oftliebtner 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 pmty. 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 the Maintenance Covenant, in addition to any other remedies
available, the City of South Miami is hereby authorized to withhold any future
permits and refuse to make any inspections or grant any approval, until such time
as the Developer is in compliance with this Agreement.
(f) WAIVER OF mRY TRIAL. CITY AND DEVELOPER KNOWINGLY,
IRREVOCABLY VOLUNTARILY AND INTENTIONALLY WAIVE
RIGHT EITHER MAY HAVE TO A TRIAL BY mRYIN STATE OR
COURT PROCEEDINGS IN RESPECT TO ANY ACTION, rl\.'v\....flJJ
LAWSUIT OR COUNTERCLAIM ARISING OUT OF THIS AGREI~I\
15
10. Notice.
All notices, demands, requests andlor other conununications required under this
Agreement must be given in writing and may be delivered by three types of physical delivelY, i.
e., (i) hand delivery, with a receipt signed by the pmty receiving such delivery, (ii) a nationally
recognized overnight delivelY service providing delivery confilmations, or (iii) certified mail,
postage prepaid, return receipt requested; or in lieu of physical delivelY 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 paliies 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 (l0) days before the change of address is to become
effective.
a. Notice to Developer. Notice or communication to Developer under this Agreement
must be sent to:
Avalon 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
Attention: Legal Department
b. 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 copy to:
City Attorney
City of South Miami
Weiss Serota Helman Cole & Biernlan, P.L.
2800 Ponce de Leon Blvd, Suite 1200
Coral Gables, Florida 33134
16
Attn: Lillian Arango and Tony Recio, City Attomeys
With copy by email atlaral1go@wsh-law.comandtrecio@wsh-law.com
and
City Clerk
6130 Sunset Drive
South Miami, Florida 33143
Attention: City Clerk
11. Miscellaneous Provisions.
(a) 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 mamler 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. Nothing contained in this
Agreement shall 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 paltnership with the City.
(b) Recording, DocumentalY Stamps. This Agreement shall be recorded in the Public
Records by the City at the cost of the Developer.
(c) Florida and Local Laws PrevaiL This Agreement is govemed 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 tenus and provisions of this
Agreement (i) unless unifonuly applicable to propelty similarly situated with the
Property-and Project; 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 of the latter. If any telm, 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 govemmental body or entity
or becomes unenforceable because of judicial construction, the remaining tenus,
covenants and conditions of this Agreement, or application of such tenu, 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 teml, CO'vella
condition of this Agreement will be valid and be enforced to the
pelmitted by law.
17
(d) Conflicts of Interest: City Representatives Not Individually 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 paJ1icipate in any decision relating to this
Agreement which affects his or her personal interest or the interest of any
corporation, pat1nership 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.
(e) Titles of At1icles and Sections. Any titles of the several pat1s, At1icles and Sections
of this Agreement are inserted for convenience of reference only and will be
disregarded in construing or interpreting any of its provisions.
(f) Counterparts. This Agreement may be executed in counterparts, each of which are
deemed an original, and such counterpaJ1s will be constitute as one and the same
instrument. This Agreement only becomes effective upon execution and delivery
of this Agreement by the parties hereto.
(g) 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. An assignment shall not
release Developer from its obligations under this Agreement unless an amendment
to this Agreement relieving Developer of one or more obligations hereunder is
executed and recorded as provided in Section II (i) of this Agreement.
(h) Entire Agreement. This Agreement and its Exhibits constitute the sole and only
agreement of the pat1ies hereto with respect to the subject matter hereof and
cOlTectly set forth the rights, duties, and obligatioI1~()feach tOJ:l1LQther as oUts ____ _ -----date .. Any -prior -agreements,-prot;ises, negotiations, or representations not
expressly set f011h in this Agreement are of no force or effect and are merged into
this Agreement.
(i) Amendments. No amendments to tllis Agreement are binding on either party unless
in writing and signed by both paJ1ies. Amendments, modifications or releases of this
Agreement are only binding if they are by mutual written agreement between: (a)
the City Commission or its successors and assigns (which must be a govel1lmental
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
executed by the City and Developer or its Express Assigns); provided,
in the event that any amendment, modification or release of this
materially affects the rights of an owner of a pottion. of the l'r()nA'"
18
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 Propeliy and the Project 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 confirmatory written agreements from time to time as they
mutually deem necessary or desirable, in their sole discretion, for any such pmpose
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 pOition of the Propeliy (in lieu and on behalf of the condominium unit owners
thereof).
(j) 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 pariy within the
City, including the City Commission, with the authority to act or approve the matter
on behalf of the City. Nothing contained herein relinquishes the duty of the
Developer to seek approval of the City Commission, the Planning and Zoning
Board or the ERPB when required by the City Code, the LDC, or this Agreement
to the extent that such approval has not been previously received as of the Effective
Date of this Agreement. 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 perfonnance 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
n6chave thefullaulliorityloaCt 01: appi'ove matters-requireaoT the CitY pUl~sua-nt
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 perfolm the City's obligations. Nothing contained herein or in this Agreement
authorizes the City Manager to amend any of the terms of this Agreement.
(Ie) 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 (pl:ovided 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 cOlporation,
officer, director or stockholder of the c01porate Developer or, if the
a paltnership, any limited paliner of the Developer, with
performance of any of the obligations, terms, covenants and ~UJllUJ.,",!!H
Agreement.
19
(I) 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.
(m) Days, Holidays. References to "days" in this Agreement shall mean calendar days.
Whenever a notice or perfonnance under the telms 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.
(n) No Liability for Approvals and Inspections. Except as may be otherwise expressly
provided herein, no approval to be made by the City ofthe Project site or the Project
under this Agreement, may render the City liable for its failure to discover any
defects or nonconfOlmance with any federal, state, or local statute, regulation,
ordinance, or code.
(0) 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 telm 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.
(P) Cooperation; Expedited Pennitting; and Time is of the Essence. The Parties agree
to cooperate with each other to the full extent practicable pursuant to the telms 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 pelmitting review and approval
process in an effOli to assist the Developer in meeting its demolition, development,
"'and cOristlifcfimicompletion scliedules.-Tne City i,m-accommodate requestsl'i:Offi
the Developer's agents, representatives, general contractor(s), and subcontractors
for simultaneous review of multiple pelmitting 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 Code, LDC, the
Existing Approvals, the Comprehensive Plan, this Agreement, applicable building
codes, or any other applicable laws, IUles, orders, or regulations. The failure of the
Agreement to address a pelmit, condition, teml, or restriction shall not relieve
Developer of the necessity of complying with the law governing said permitting
requirements, conditions, term, or restriction.
(q) Statutory Compliance. The Agreement, as well as all amendments and re\,,~~;m;Rl~;~~;~S
thereto, must comply with the Act as amended by the Florida Leg'[sIEltuJ·<fI.99I
20
(r) 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.
(s) Approvals and Consents. Wherever in this Agreement the approval or consent of
any patiy is required, and except as otherwise specified, such approval or consent
will not be unreasonably withheld or delayed.
(t) Sovereign Immunity. Nothing in this Agreement shall be deemed or otherwise
interpreted as waiving the City's sovereign immunity protections existing under the
laws of the State of Florida, or as increasing the limits of liability as set forth in
Section 768.28, Florida Statutes.
(u) Non-Discrimination. No covenant, agreement, lease, conveyance or other
instmment conceming the sale, lease, use or occupancy of the Project or any portion
thereof shall be affected or executed by Developer, or any of its successors or
assigns, whereby the Project or any portion thereof is restricted by Developer, or
any successor in interest, upon the basis ofrace, 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 Project or any portion thereof. Furthermore, Developer agrees to
make accommodations for the handicapped as required by law and that no
otherwise qualified handicapped individual shall, 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 Project or be subjected to discrimin~tion~njer allY __
--pl'Ogram-or activity-aUowec!under thTs Agreeluenfexcepi-as permitted by law.
[SIGNATURE PAGES TO FOLLOW]
21
WITNESSES
Print or type name
By: !VJlvl
Signature of Witness # 2
I
((rw I f? rY Jl1 ir;,l/
Print or type name
DEVELOPER: AVALON SOMI, LLC, a
Delaware Limite Li ·tity Company
By: ,......".-:-~:....-+!=~~~:::::-:-c:
Micah Conn, s Senior Vice Pres' t
of AVALO AY COMMUNITIES.
INC. (a 1\1 ryland Corporation), the
latter of Which is the manager and sole
member of AVALON SOM!
INVESTOR, LLC (a Delaware
Limited Liability Company), the
manager and sole member of AVALON
SOMI, LLC (a Delaware Limited
Liability Company)
The foregoing instrument was acknowledged before me this'-:S / day of ;;;:7t/ 7(/;2:"0 ,
2o_, by Micah Conn, as Senior Vice President of AV ALONBAY COMMUN(TIES, INC. (a
Maryland Corporation), the latter of which is the manager and sole member of AVALON SOMI
INVESTOR, LLC (a Delaware Limited Liability Company), which is the manager and sole
member of AVALON SOMI, LLC (a Delaware Limited Liability Company), who is personally
known to me or who has/have produced a. ,J) ;.'/;; ,L_ // CI//S( as identification and who did
take an oath and who swore or affilmed that he signed this Agreement on behalf of AVALON
SOMI, LLC, that he is authorized to sign this Agreement by A V ALONBA Y COMMUNITIES,
INC., the manager and sole member of AVALON SOMI INVESTOR, LLC, and he is authorized
to sign this Agreement by AVALON SOM! INVESTOR, LLC, the manager and sole member
of AVALON SOMI, LLC.
(NOTARY SEAL)
. ""] " .. ,-,t~Y',:;{i&".. VERONICA v P,lIITI ,,(f~fi\ Notary Public -State of Florida
\»U~.~l Commission II HH 358418 ··'~OFl,,~t·· My Comm. Expires Feb 19, 2027
, """"'Bonded through National Notary Assn. '. ~~
22
Signature of Notary
/'('~"'l;./ ///::Ji'
Print or type name
ATTESTED:
By: \\J\t{k~ Nke~ A. Payne, CMC
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: OL--
--~~~---=~----Weiss Serota Helfman
Cole & Biennan P.L.
Anthony L. Recio
City Attomey
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF SOUTH MIAMI
C By: ,0-"L0
G aro "Chip" Iglesias
City Manager
\jc:-"'~'fH\~-rl no ':>'S" 0\\
CIe'l t'{(,\\D 't:' ':::, \:ch(\ \ 'i'
V),\.\,\ h,~, \-,)\\ (A,;\·h(}c\l_{,4v~n
Sc\\W~\(\-\\"-.. M'n'jl-liO (kZ , -IkPLA-i (,1,'1 1"'\e\I"j'
c--.( /) /;7
The foregoing instmment was acknowledged before me this/,Ij I day of.I':{i..\'Cf,v ,
2023, by Genaro "Chip" Iglesias, City Manager, who is personally known to me and acknowledge
executing the same freely and voluntarily under authority vested in her by the,City of South Miami.
! ') "v-:;:f) , )
, tI / j 'v '..-'\.. ~~~, t' J " _
"\!i\V¥~ MARIAL. GARCIA !~'&"""" '\ MY COMMISSION # HH 143024 -.' --'*.------------------i. I, :;1 EXPIRES: October 16, 2025 ~~ oWi..?Y' Bonded Thru NotarY Public Underwnters '" .. ,,,
23
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The land refelTed 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 NOlth 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.
24
EXHIBITB
RESOLUTION 050-20-15490
25
RESOLUTION NO. 050-20-15490
A Resolution pursuant to Section 20-8.9 and other provisions of the City of South
Miami Land Development Code approving a large-scale development on a 1.9-
acre property known as the W1nn-Dhde site located at SSSO SW 73rd Street and
7331 SW 59th Avenue and as legally described herein.
WHEREAS, the applicant, 5850 SW 73 Street LLC, submitted an application requesting a
Special Exception approval for a Large-Scale Development for a mixed-use building located at
5850SW 73 111 Street and 7331 SW 59 th Avenue; and
WHEREAS, the applicant has submitted concurrent requests to change the Future Land
Use Map designation of the site from Mixed Use Commercial/Residential to Transit Oriented
Development District and to change the zoning from Neighborhood Retail (NR) to Transit
Oriented Development Qlstrlct Mixed Use Market (TODD (MU-M)); and
WHEREAS, the site consists of 1.9 acres and the proposed development will provide 248
residential units and approximately 36,395 gross square feet of grocery store space; and
WHEREAS, pursuant to Land Development Code (LOe) Section 20-8.9 Special exceptions,
any site that is in excess of 40,000 square feet or any development in excess of four (4) stories,
shall be designated as a Large-Scale Development and reviewed by the Planning Board and shall
require approval by the City Commission; 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 LOC, and voted six (6) to one (1) to recommend approval of the
requested Special Exception; and
WHEREAS, Section 2a-8.9 (e) requires that all uses in a large-scale development must
comply with the following 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 deveiopment
with the existing or planned surrounding uses;
Page 1 of 7
Res. No. 050-20-15490
WHEREAS, Section 20-8.9 (C) requires that the development will:
1. Not adversely affect the health or safety of persons residing or working In the
vicinity of the proposed use:
2. Not be detrimental to the public welfare, property, or Improvements in the
neighborhood: and
3. Complies with all other applicable Code prOvisions:
and
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered
each of the Special Exception requirements and conditions and having found that those
conditions have been met, desire to approve the application for the Special Exception with
conditions.
NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1: The recitals set forth In this resolution are true and they are supported by
competent substantial evidence and they are incorporated Into this resolution by reference as If
set forth In full herein.
Section 2. The application submitted by 5850 SW 73 Street LLC, requesting a Special
Exception for a Large Scale Development for a mixed-use building consisting of a grocery store
and residential uses within the TODD (MU-M) zoning district located at 5850 SW 73 Street and
7331 SW 59 Avenue, South Miami, Florida, complies with the requirements of 20-8.9 (e) and (D)
and Is hereby approved prOVided the Applicant has complied with conditions 1 and 2 below
within 30 days of the rendition date of this resolution:
1. All documents submitted with this application are to be made part of the record.
2. Execution of a development agreement and covenants In accordance with Section 20-
~--~ ____ 8.9(1) ofthe_CltVofS~l!1I1J\l1laml Land Development Code and which must include the
following conditions and requlrements:-----------~
General Conditions
a. 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 (04/20/2020): 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 CorwU
Architects (43 sheets): Landscape Plans prepared by Geomantic Designs, Inc. (13
sheets); and Civil Plans prepared by Klmley Hom (13 sheets). The survey was
prepared by Narclsco J. Ramirez and consists of one sheet dated AprU2, 2018. In
addition, the following amendments to these plans: Ground floor site plan
S/26/2020)(reflectlng that a column has been removed from the
Page 2 of 7
".
Res. No. 050-20-15490
accommodate two WB-SO trucks on-site); loading Area Management Plan exhibit 3
(updated 6/2/2020)(reflectlng the removal of the column noted above to allow for two
WB-SO trucks ·on-site); SoMI Market WBSO Maneuverability (4 sheets, updated
S/26/2020)(showing the maneuverability/access for both WB-SOs Into the loading area);
landscaping Sheets L-3, L-4, L-S, L-7, L-9, and L-12 (all updated 6/1/2020)(showlng the
replacement of bromellads with soft tip agave and the Inclusion of the DeepRoot system
as requested at First Reading); the South Miami Market Planning Board Presentation May
12, 2020 (shown by the Applicant at the May 12, 2020 Planning Board hearing and May
19, 2020 City Commission Hearing); and the South Miami Market Oty Commission
Presentation June 2, 2020 (shown by the Applicant at the June 2, 2020 City Commission
hearing).
b. 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.
c. Improvements to the Public Right-of-Way must first be approved by the Oty of
South Miami unless another federal, state, or local agency requires prior approval.
d. Ali Impact fees must be paid by the Applicant prior to Issuance of building permit.
e. The Applicant must provide a declaration, signed by the owner 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 permit to the property. If any concurrency approvals
expire a re-revlew must be obtained by the owner from the appropriate agency
and a new declaration must be delivered to the Oty Manager within 30 days of
the expiration date.
f. 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 owner.
g. Finished fioor 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.
h_ the Applicant iriustbein 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.
i. A secured bicycle room with amenities will 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 Attorney as to form and substance, as proffered by the Applicant, that
dedicates a minimum of 20,000 square feet of the retail area as grocery or market
space for 30 years.
Page 3 of 7
Res. No. 050-20-15490
k. 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.
I. landscaping
I. The Applicant 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 Resources -DERM (DRER), If any.
ii. Pursuant to Sec. 204.5, as may be amended, the Applicant must preserve
existing trees (Including native trees) during the development of the
project, wherever possible. If the trees must be removed, the Applicant
must mitigate the Impact In accordance with City requirements. If the
relocated trees do not survive, the Applicant must replace the trees In
compliance with City requirements.
Ill. The Landscape Plan (Sheet L-1) notes that the Applicant proposes to
donate fifteen (15) exIstIng Sabal Palms to the Oty. Should the City not
accept this donation the Applicant must mitigate these Palms as required
by the City Landscape Code.
Iv. The property must be landscaped in accordance with the landscape plan,
Included with the site plan submittal.
m. Environmental
i. 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.
il. All on-site storm water drainage systems shall be maintained In working
order. The on-site storm water drainage system shall 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
-cfialnage manhole ...
n. Construction General Conditions.
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 construction. Access points by construction
vehicles must be provided within the MOT. All construction vehicles must
use SW 58th Court, SW 73rd Street, or SW 74th Street unless otherwise
approved by the Department.
iI. The Applicant must provide for the reconstruction of the adjoining
roadways, 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.
Ill. The App\lcant must provide a Construction Air Quality Manageffil
to the Department prior to the start of construction.
Page 4 of 7
~~§~.NQ. 050-20-15490
Iv. A Construction, Demolition and Materials Management Plan (CDMMP)
must be submitted bV the Applicant at time of building permit.
o. Architecture.
I. Substantial compliance with the approved plans Including design,
materials. and color palette.
p. Applicant's proffered refinements and commitments:
I. The 73rd Street streetscape. The Applicant shall perform streetscape
improvements on 73rd street between 58th Court and 59th Avenue (the
"Streetscape Improvements"). The 73rd Streetscape Improvements
include sidewalk paver Improvements, street pavement improvements,
and crosswalk Improvements. As part of the Streetscape Improvements
the Applicant shall submit roadway geometry alignment design plans for
review and approval bV 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.
II. Supplemental Traffic Counting. The Applicant 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.
III. Mobility hnprovement Payment. The Applicant shall provide the City with
a pedestrian mobility Improvement payment to the Clty's general fund in
the amount of $250,000 pavable 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 Applicant 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 immedlatelv preceding
sentence ("Second Mobility Improvement Pavment") to be paid within 180
days of the Applicant's receipt of notice of the Property Appraiser's post
completion assessed property valuations. Converselv, 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.
Iv. Blrd-Frlendlv Design. The Applicant shall Incorporate blrd-frlendlv~~
principles Into Its use and selection of glazing products and
for the development.
Page 5 of 7
Res. No. 050-20-15490
v. Cistern. The Applicant 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.
vi. Solar. The Oty recognizes that limited roof area exists for the Appllcantto
Incorporate solar panels and that the Applicant Is constrained In its ability
to generate a substantial amount of power through solar. Nevertheless,
the Applicant agrees to Incorporate solar panels where feasible, with the
location ofthe panels to be the Applicant's sole discretion, to provide some
amount of solar power to a building feature or component.
vII. The Applicant 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.
vIII. The delivery trucks serving the Project shall not enter upon, park, turn 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.
Ix. The doors to the loading area garage of the Project facing SW 59th Avenue
shall be closed except during active loading and unloading operations.
SectIon 3. Construction Hours. To expedite the construction of the grocery store, the
Commission hereby authorizes the City Manager or designee to expand construction hours for the
foundation pours or such other critical path construction activities necessary to ensure the fastest
possible delivery ofthe completed grocery store space.
Sectlon 4. 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 slgnature.-------- --------
SectIon 5. Severability. If any section clause, sentence, or phrase of this resolution 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 upon enactment of the
concurrent applications submitted by 5850 SW 73 Street LLC to amend the property's designation
on the CIty's Future Land Use Map from Mixed Use Commercial/Residential to Transit Oriented
Development District and the CIty's Zoning Map from Neighborhood Retail (NRI to Transit Oriented
Development District Mixed Use Market (TODD (MU-MI).
PASSED AND ADOPTED this 2nd day of June, 2020.
~aqe 6 of 7
Res. No. 050-20-15490
ATTEST:
lik; aft,\ p
CITY ClERK 0 '
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY ANp--., EXEC~':f:r(t~EREo'i L \
--12zax~r-t-j-' 0(-'
CITY", TTORNEY v {
APPROV~D:
_/~c/4
,r" ~_. ,
MAYOR ,V
COMMISSION VOTE:
Mayor Philips: .
Vice Mayor Welsh:
Commissioner Gil:
Commissioner Harris:
Commissioner Liebman:
Page 7 of 7
5-0
Yea
Yea
Yea
Yea
Yea
EXHIBITC
ANTICIPATED DEVELOPMENT SCHEDULE
Initiation of Site Plan review process before the ERPB ........................................... COMPLETED
The Developer anticipates initiating the Site Plan review process before the
ERPB within §. to 10 months of the execution of his Agreement. Pursuant to
Section 20-8.9(b)(1), the Site Plan review process for the Large-Scale
development shall be initiated 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), LDe.
Site Plan review and approval process before the ERPB .......................................... COMPLETED
The Developer anticipates the Site Plan review and approval process before the
ERPB to take Ii. to 12 months from initiation.
Submittal of Building Pennit Plans ........................................................................... COMPLETED
The Developer anticipates submitting building permit plans §. to 10 months after
the rendition of the development order granting final Site Plan approval by the
ERPB. A legal, administrative, or judicial challenge to the development order
that approves the Site Plan may result in the Developer opting to de/ay
submission of a demolition permit until the conclusion of such challenge,
including all appeals.
Approval of Building Pennit Plans I Issuance of Building Pennits ........................ 1-to 2 MONTHS
FROM BUILDING P~RMIT Pl,~~!JlJI\11TT AL
The Developer anticipates the approval process for the issuance of the building
permits (including issuance of foundation permit, site work permit, or partial
permit) to take lto Ii. months.
Commencement of Development ............................................................................ J. to 2 MONTHS
FROM BUILDING PERMIT ISSUANCE
The Developer anticipates commencing development within 1 to Q months of the
issuance of the building permits reflecting the approved minor modification.
Complete Project Buildout.. ................ 24 to 30 MONTHS from commencement of
The Developer anticipates completing the buildout of the Project within 24 to 30
months of the commencement of construction.
26
EXHIBITD
BOUNDARIES OF THE PUBLIC PLAZA
27
D;I!1DlTU
, ;
PlAZA
~ " 0 ~ I , ~E ;;: .~
! g!i ~ ,~r. B' ~ -'. q;" ~~ § -> • ~iii >~
" " n
EXHIBITE
(~)
South Miami
Ill, lilY OF PUi\~ANr LIVING
Genaro "Chip" Iglesias
City Manager
June 23, 2023
Mr. Jeffrey S. Bass, Esquire
Shubin & Bass, PA
46 SW 1'1 Street, 3,d Floor
Miami, Florida 33130
Subject: South Miami Market (Avalon SoMI, llC.) -Minor Modification to an Approved Development within the
TODD (MU-M) District
Dear Mr. Bass:
The City of South Miami has reviewed your application for a Minor Modification for the previously approved South Miami
Market (Winn Dixie) project located on property at 58S0 SW 73,d Street and 7331 SW 59th Avenue, The original Special
Exception Approval for a Large-Scale Development was approved on June 2, 2020, through Resolution 050-20-15490, Pursuant
to the requirements of Section 20·8.9.1 of the Land Development Code, the application and documentation submitted on
March 3, 2023, meets the standards of review for Issuing Minor Modification Approval. Accordingly, the application for Minor
Modification is hereby approved subject to plans on file with the Planning & Zoning Department titled "South Miami Market,"
dated March 22, 2023, by Corwil Architects.
Please note that all conditions of qpproval imposed upon the original application, all Development Agreements, and all
pertinent provisions of the City of South Miami Land Development Code shall remain in full force and effect.
tact Hank Flores at either,hflores@southmiamiffl,govor 305-&63-&327 if you have any questiom.
tt: Emily Vaughan, CP, FRP, Paralegal-Shubin & Bass, PA
Mark Schrieber, Director, Development -AvalonBay Communities, Inc.
Ale~ A. David, AICP, Director of Development -Calvin, Giordano & Associates, Inc
Samantha Fraga-Lopez, Esq., Deputy Ctty Manager
Hank Flores, AICP, CFM, Planning & Zoning Director
Marcus lightfoot, Senior Planning & Zoning Admlni~trator
Lourdes Cabrera·Hernandez, Senior planner & Zoning Administrator
City of South Miami t 6130 Sunset Drive t South Miami, FL 33143-5093
30S.&63.6338 I southmlamifl.gov
EXHIBITF
REGULATORY PLANS
28
MINOR MODIFICATION SUBMITTAL
03/22/2023
SOUTH MI I MARKET
5850 SW 73RD ST. & 7331 SW 59TH AVE.
SOUTH MIAMI, FL 33143
OWNERSHIP & APPLICANT:
AVALON SOMlllC C/O
AVAlONBAY
COMMUNmES INC.
4040 WILSON BLVD.
STE 1000, ARUNGTON,
VA 22203
TEL 703.329.6300
CORWIV.F~':::HITEcr:;
'C"",[I _:r" ""-0" "'-'.C. ";-",,,' ,'-•. ',",'
~I ~!~~ if ~ 80 <
;1 1.1 I ~ 'I' ~~~ I'i ~13~ l~ ~ ). "I 5::!!z INDEX OF DRAWINGS U2 n~ ~ .. ~ 0 , , ~~g g~ ;: ... ~ 0 ~o » I !II '1 z ~. n ~ ~ .. '
3D RENDERING
I'
1'1 • ~§ ~
I 1 ~ ~~~
i,H ~~g
1 .-cO
I ; z
" L'...':" __
~~ '~ ! U jC' >6 ;J
,
X <I, '" ~~ ~ UI! t!; .; U .. ~~ ,.§~ , , g ~ If/~ o , , ,
~
1 :5 m , :i: ,
>l
0 ;::
'" ,:i:
~ w
~
0
l:l m
!'1
:I> I ~I!~ :. I!
, '11·1 I dU s" 'j. < .~ I ~g3: 0 III ~Si ! ", .ii ' fH j; :S J
0 =l~g 3D RENDERING liS a;-• ;~; ~ ':r!~ N ~o I §, ,<' , g g ~ !~!l !j 1 :1 z > g > , ,
~ ·'i -. "li<~il
~I
o
IJJ " " "
\
3D RENDERING 8.". i\~ , .. If/:a.
:J;>rn om
o
.1:>0
3D RENDERING
\ I )
~ I F,I~~
o
U1
TT I' I:' , ,
,
1 :1
II . ! i il
E I ~ m_ _ L---.l
3D RENDERING
:r-~ om
o en
I
)
il ll
iI'
'i
I
I I
'. r Ii! I' , ,f ~
3D RENDERING
u:'
111
;,
I Ii I Ii AERIAL CONTEXT PLAN
J J Jl_
t6lS
"" * S-'1..1
,0-<" ... . •
i. ...
) g
L ••
~
~
~
~" ~
%0;
! " q
'''''' """ "Ii'~' .. 1'
~ ~ • 8 /HL
SW 56111 J,VE
" 69Si ....
""
~ \ 10"' .....
~ '< * ",if?' <, § ~ ~ ,I> ~ ~~ .. ."
EXISTING ZONING DISTRICT
SOUTHEAST VIEW OF SUBJECT PROPERlY ® NORTHWEST ¥lEW OF SUBJECT PROPERlY @
']2':V:;;:~-""---'--.. -'.-~-'--'
SOUTHWEST VIEW OF SUBJECT PROPERTY 0 NORTHEAST-VIEW OF SUBJECT PROPERlY @
~
MINOR
MOCIFlCATlON
SUBMITTAL
..... 600'"
~
~~~~~~~;:
= -~
~
~
.~~ .. ".u ...,~
A-009
! r'·--------------------------~
,
! I ,
,
I
~I ~ , I' ~ I 1j:
i' il~ o·
I
€~ .I ~ ... I ' I! _~z
~t, :; ~::Ig 0 I ) I "0
j} -z
m Hi " I !
0 :,' !
l
SURVEY ,I ; 3g ,
~~~ ! h~ ~~, E!; ~ ~ §g , g 0
'II)
I ! 8 ~ 'g
"
c ,<
; z ! ~! ~ ,;.,
'.1
. ~;=l ~ , ,0'
g ~ ~ , t .. '~ ~ i
~ ""
--------_.
~ I ~I~~
.... ....
'I II
-II
,I i\
SURVEY
---i
i\\
II
II
1 1 '
, I,
''111 !
"'" u "''' ~
"',. l
I ! II! I-
1_
[
~
! • P
i ~ ~ ~ i I ~ ~ ~ ~
1 ~ ~ s I, I u, .
I
f~~1 ilII~1
1 >--.+-",+-_+--,-1-
~"-~-I-I LLLLLL '-'------L---L-ll
"-I" :1-:,:--.. . ,.
, i
i
i
II!!' & " .• 1+ "". ~
"'~ I t I
: ,: :: ' : I ' '" '"
-!-
+
_J-l-l'"h--l-):c+-II -+' --k;t+" ++++"'=""-+-: Ig"il, --LI t ---",it-! ,
: : ~ :=c!-I .!. ..,'w § :,: -+
, + _'-cree. -, +
r-=;I+ . uull I
..,,,,, LJ 5
_'+'",-J
I, un" e
, 1 - -.. i" i . ll"" ~
.! i' ,,,,,,fT
~~+-I~_~~~:-'I-t~~"~"'-r'H j I ,.",. ~
1 1
I f I i @ I I Il 1 f!'i i -I " ," " " " • I i " I " i-
I I~L"-I' " 1
J __ _ L ___
I
TRANSIT STATIONS ALONG US~l CORRIDOR
; i
1/1
0 c
:i!
~ 3: ;;:
~
.1/1 .,-1 ». i::I
0 z
SITE LOCATION TO NEAREST TRANSIT STATION
c z
~
ill .. ~ ... @
fJ)
~ i::I o z
t I ~IW!
o w I
i
i
'-I
: :=
I'! ; i I ~ i ... ADJOINING AREA CONTEXT PLAN
,
I,:' i~_
~ I r.1!~
o
V1 It!l
'"
I·' Tt{
I IJ I
_U~cLLLW1
PARKING GARAGE SUPPLY
EV CHARG!NG LEGEND
PARKING GARAGE BREAKDOWN
LEVEL'
STANDARD
SPACES
H.C.
SPACES
TOTAL #
SPACES
MIN. 20% OF THE PARKING SPACES = 475*20% = 95 p.s.
(FOR BUILDING PERMITS ISSUED ON DRAFTER JANUARY 1.
2022).
PER SOUTH MIAMI LAND DEVELOPMENT CODE (Ord. No.
9.99·16~, §4, 54-99; Oro. No.11~03~1795, § 1, 6-3--03; Ord. No.
31·09·2023, § 1, 12·8-09), SUBSECION "G~:
!
ELECTRIC VEHICLE SUPPLY EqUIPMENT BREAKDOWN
"EVSE" "EV TOTAL
LEVEL READY" ,
GROUND FLOOR 3 2 5
2ND FEOOR 4 17 21
3RD FLOOR 3 21 2'
4TH FLOOR 3 21 24
MEZZANINE 2 20 22
TOTAL 15 81 96
... V ... LOH.OM! UC C/O
~~'~~NC
MINOR
MOD1HCA.T10N
SUBMITTAl
~ ,-
oWII.!iI>..: 'Ol'.u ~ ..... ...,.
~ -..
A-lOG
t I ~I~~
o ......
.;:
11I1I11111111111 i .
II
~---------------------------------iT r-------___ '-1_ -, _._ . ....l . , :1 I I 1'._ • I if~~; i I 1-. , ' l~ . I i': ' , I ' , , I I" I ' I -.. I ii '--'1' i ! 1;1 "rr.-~ i !, " . :I "It I'!!_~_i 'I
I! 11 ~II-" , , !'.L -i i i'~r --I I I : "~I .! ., •• -1 ! I,' 'i :
' I. I I I' I
1(", I I. 'I
I ,! I I! ,
EB j: 1-L_ X;:~ ~-n_n_n~ ___ JJJ L _______ _
r ---------------=---------------------------1
' . -' . . I
I ' , , ,
I , ,
I ,
I
! I'~~-----:l
! :1
! "I , ,
I , ,
I , ,
I , ,
I ,
i I , . ,
;;
I ,
J " I.
I
L _____ _ -----------------------
MEZZANINE LEVEL DIAGRAM
-~-""~~" -
~I o o
~.
,
"
! !
'I
! -:.-' I ' I
i~
I" ':!'< Ix
'(j) -.1 -i
I~
!!l
..
•
I ~
I
•
i
I
i I ml I ' ,
T I' J.
-,--: .-.-....
• •
• •
- ! •
• •
"
• • ..
m'\ h;~
• • ~ ;; \'l~ e~ .t ..
i • • • .:.
•
• • • •
• Ii U
I ,
;,;,,;;:.
GROUND SITE PLAN
•
•
•
•
•
,
-!
•
•
,(, ."" ----I , --Yi> -" ~ -
~:
, ~
.;;;'
',"
I~
!~ ;-
Z
-l ~ • ,'1
--,"----.. -.. -..,; _____ ~"~~~c!:!;"'!-::!-~~----..).-----------------.-,-----"7"-----
! . """"TH,".-'
1
------J -....... ~ ----He . ,..
~
O[OD:J i ,..
." ,..
0 " , ! P 0 ~!2 ~ );' ::l ~ '" ." j~ G ~ > z
OVERAllINT.lEVEL~ FLOOR PLAN
'tiJ '
I
.
,
§
" ~
~ (8
:p-m
N~ o ...
i i ,
i
,
~7 c " , " T ,
','
il: ~I '
C DODO!
-8 '" ~ ~ "'I"" j~ @ ~ r
OVERALL 2ND lEVEL -FLOOR PLAN
0 0 " 1 , ---<
',.c,
'.
''<I'
[Iii + II! ..
+ j At.
, '
.:~
"'V
'j,
i
l :
, , ij
, ,
I, "" 'U'
Iil!' i ------
!
i
1 ,
t
!
,·1111
!1~"J+f~~~~~~~~~~
1 ~ --:.--r-------+·-----"-~--~··-~'----i------
;r
~
~
[;
I~ I~
EB
~I o
IV
!
" I
!
! ,
OVERAll 3RD lEVEl-FLOOR PLAN
I " l-
I ;
I I •
,I ~ .. •
." !";,
ooa!
f'
IBH
I
!
• I "V " • C I
,:
,
"" ::~,'
"" !
,. ,
i
. ;
P?
!§
~ r lJ~
r ~ m r ,
~ r
0
0
'" ~
~
E8
~I o w
, , 1
J , l ,
i J ,
,
I
, , I
I , ,
! ' I , ,
,-' '., -J"
: L -'-
--. -, p
-~
.' E.'::~ n '"
~.,
n ,
'1 I , .
i .. , I "I .... ,
OVERAll 4TH LEVEL ~ FLOOR PLAN
" --i <r-+--C---' __ ; ____________ -; __ .~
1 J
-'"'"" ..... _________ ..l.. __
OVERALL MEZZANINE LEVEL· FLOOR PIAN
,
I ,
I . , ,
, .
I I W~'
I I I' I .
'f i
I .f:< OVERALL 5TH lEVEL" FLOOR PLAN
, 1m , -
J.
I~
·0 1< -m ~~ , r ,r
~
r ~ m r
~
b
0
~
~
~
•
II!I'! ---I
~,
~oTIoo ,
!
!! ' I II II I ! ' '
~ I ~f.W~
o
U'1
----:=::7------------
OVERAll 6TH lEVEL· flOOR PLAN
~ I ~iw~
o
0"1
~" I
. 1liI"
I', Hi+H+IIIII+H+llj +
I ! -Ii , ,
----_._-----_ •• ..l.. ___ +_._ .. __ +-__ . _______________ :::::'~ ~L ____ _
.t<,
OVERALL 7TH LEVEL· flOOR PLAN
i ·n rn
, ! II. I I ~ , I ,I 1:1
II
I I , ,
I ~
! I
I '
, ,
ill" --,++"·,c-c:=_c_=-,c:=,·,---_c_c-c,c,c,,_-c-,,c-,_=It±-<""ll'l-,-~ -.. -i r ,:~:
,"'"
ii, ,
I _
-Iill" -0 _ ...
, '" -; --
OVERAll 8TH lEVEl-FLOOR PLAN
I ;-', 'I I <,,' I v,.
L.
~'
~v
c-, ,
; ---
-'"
'i:'
"-V
" I
i
I
,.,1
I
0),,; Lri"! 'h f.· ..
i
I
,@H
I
I
,
II
1I'i" I
i
,
II
I
~. ,
111111:1"'1
eli
, .... i' o· 0.,. , I ~, illl! 0: lilli' : , II, ,,! :" ,·f,. 'EI,!;-, I ! ., " , I-" -,'1:-' I ,"" I
! -.ff -;['=_F~~=Ill""'T;"I---I i'
i • IL--,--' I
-~
",.
, i' IJ -' ,. I
ii'
I
i Li . ,
, . ',: ;>' ""
,-
(1 i:>
~ "~ ~
! l ~~~ OVERALL 9TH lEVEl-FLOOR PLAN ig =lgg
"
~o z
-
--
" " "
'I ' I , i i ,I, i'! i ' , .:Ilg 1'0 M~2 ~~~ ;,~~
g I~ ~~§ ~ tl i:l ;:::
i: ::: 3; , , ~
----
I
H '. I
I
1
I
I
1 '
I
I.
I~
1
1 ,. ,
I--I I"
()
ri~
-------
I!
'-,
--.,-----'i" -----r---- --- ---c ---~="~.~ T--------c----
.,
I I·' Ijlll.wli III:' l-I! OVERALL 10TH lEVEL· FLOOR PLAN
___ ::'':::~:L __ ~ ____ _
,1I'l-'H-'-'-"-'-'--"-'-'-'-'-.-.-... -.-.-.-'.'-j -'-'-'-'-'-'.
I
I -,
I
l I
..... +----------t.---.r--·---:----,-----~:.:T----~~----~-·====::=;=;::::=::=:::::::::==~.d;'
t I ~!w~
I-' o
r
'. ~ ~ ~ ~ ~ 8 0 ,.
, it 1,1 ~ I ! . -~ j , ~ I ~~~ <, i ~ II _~;z OVERALL ROOF LEVel· FLOOR PLAN ! h! ,I! , H~ " . " ~;;:Ig ~ ~& .... R , , ~ 2 ':...
, "0 ! ~ .. !
"
z 11-0 S ~ ,
~
-------------~----------------,-------->,-" + + + + + + + + .. .. ~ '!' i; F ~~ ~~ Ii " g ~~ ~~ l~ ~'p r' !< ~~ r~ ~~ ., q .' " , " 1 i , !f~ i~ IRn-R-R~R-Fl-J=! :'i,',;_ nnn q " ,:,. , . ~ , , J!~ 1 , , I , I • • , I I ~+ ! ! .,
~ ~ ~ ?Ill 1 I ! U·I , F
::.'J , I' , , ,
1 '
-.~ -
, , Ii' i , i • • I ,
,
I" -
,
I I , , -~ I, 1 ,
" l...-I
, I I I
: ; , I i
I
[I. I
,~ " ,
I I I I , , ! ,
_ _ _ ~ ,I ! ,: I , I
I I I
,;':,;.'::
i I I I ,
I , ' I i
.~ --
~ . ~ I • r~~' , 1 I
1 '
, I I
'o~ :11~ ~
,', ,
" m , , , I , I •
-~ -
-, I' I' , ,
1 ' I!II E=:J i2B C::J ,-.fjl lie! I I· I
, ~ ~ ; -r ~l;
, I i ! I I I , I I I ,
~ :::c iiI IMS ;;;i:1 ,
F ~"~':J-~~' ~ IlJJl Un
',:', r '; ~!I
~§
I IFrfflf' A9i
EB
~I ~I~~ III~ , ~ II
~ i <
w~ I ~~E:
I :;;:!!ii! 0 i '. .. :j~g 0
I "
'. , .
I ,11
~o
IIi! J z
------------------- ---
----------_._--~T + ,~ Ii i + + + -+ + ; ~~ i~ ~; " " " ~ ~ f " ui " } , I~ jJ
-,
1 ;
11
I I'i
c;
-
,
BUILDING SECTIONS
------
------+ + + + + !~ g " l' " ~~ ~~ .t:~ ., -~ ------------+ -+ -+ R: ~i Ii .~ : + !e t~ r. j
-~
-----.----------------------------------------------+ -~ -'>--'.--+ + + + t + + -~ + + '0-, + t--+ -, .-4. -+ -+ + i -+ , + E ~; !i i? ~'~ g I, " " l' " ~~ E ~ :' ~ it !~ " H ~: ~'; -, " ~~ ~4 g g l~ ~ ~ ~~ ~~ ., ~~ ~~ ~~ .; ~ ; i ~ , ~i E~ " ~ . ~ ~ ~ ~ ~ ~t ., o~ t~ " " I.; . " ~ . .-, --,,_r ,-;.;-~~~:.J.~___::_-.-~ -! <c.r=:~ , ,
1-
'. <;'
1;\ ,
r'-:' , ,
\ ...,,:
1-1---,
il~~~ -~
Ii -i i
J 'I < ~
III ~~~
il::!!z BUILDING SECTIONS ~~£ ,
I I 1\ ~o •
J
--- ----------- -- --------
..,. ~ '~ T . ,,~ , 1 ,
~I
o
N
+ + " l' ~~ r .' + + + + g .~ " ~~ Ii !, . ~
~ .1
-1 + + + + ~; " ~i " !~ " ~~ .~
11 ~ .
:1 ' i
ltt
t ~
;i
... i !~ ~': ; ~l + " + + + + -1 .., + t + ... + + T p " " ~i ~~ 1: i~ i~ ~i ~ ~ -, H e ; H ~~ ~~ ~~ .~ -~ .~ ~; ~ ~ " !' ,. , , 11 ,.' I
BUILDING SECTIONS
+ ,. .... + + + + + + .;.. + "'" t .... T I; H ~i " H i~ " I' " l~ H F ' . ~~ ~~ ~t -j' "" .~ ~~ ~~ ! ~'~ , ' : rOH ~ n,-,,~:-.-;:-~~~:H::~;_~;;';-~:r,~=~'-:t~t.~~~:~-,,~-~ .,-r
~~
EEl
~ I ~I~~
o w
." t + ... + ... .;.. + + + ... .;.. .;.. t ~I~ i~ g; H " H " F " " ~? " -, Ii ~ ~ ~~ ~~ ~~ " -" r ~~ " ~~ ;~ ~~ • • E ,----~---"--!-------------1'_ H .,_le': ., 'et ). ~, ~_'t , !or. ,. _-'"~ .,. _t.! ., .''-~ , .. !!:!:. '0 ",-_,
~.' .
. _'''_. __ , -=lJ~-f:-:" E~~:i== 111-=11~=1!~=1
,,!j-lIl£:=;=~L -. it-
-'i----
BUILDING SECTIONS
+ + + ~. + + + + .,.. >, t' + • + .<. ~ " R? ~; l' j; ~~ '; " !\ • G~ I~ g H ~ ~ ¥ ~ .~ -, II; . ' . o-j' ~~ I I ~
I , r I Iii , , ,
.11 Itt, IJ._
BUILDING SECTIONS
. -
I.
NOTE:
(8) FLOORS BY RIGHT
(1) ADDITIONAL FLOOR FOR PROVIDING PLAZA OPEN TO THE PUBLIC
(1) ADDITIONAL FLOOR FOR FULL FRONTAGE STREETSCAPE DESIGN
-THE PROJECT ALSO MEETS THE BONUS FLOOR REQUIREMENT FOR ON·SITE
BICYCLE AMENJTlES
-AS REQUIRED BY CllY CODE, THE BUILDING HEIGHTS IN THIS
SUBMJTTALARE MEASURED "AS THE VERTICAl DISTANCE FROM THE REQUIRED
FINISHED FLOOR ELEVAnON (F.F.E.) TO THE ROOF SLAB ABOVE THE HEIGHEST
HABITABLE FLOOR"
,,",.
:':::' :J: :~~, ;"
,'-I :,-.1 ,\
BONUS ALLOCATION -SECTION -ERPB
"CA!,l!, ,--.,.. ...
~.~.~~I_~"_F:~~':~,;~~'~::::
,,". ,.-. "'" .".,~ ...
"""" SOUTH MIAMI MARKET
sa:.oSWJl~O\"l.&?llIW
"",,,\<t.
SOIJT>< ......... .,n .. '
.Q<O"'~C"~~\f().
""'""".~OH. ... ":r.:",,
MINOR
MOOIFlCATlON
SUBMI'ITAL
A-305
1-I ~!~~ ! u" ~ > ~ () ~~ ~~ ~ " 0 " PI e .,' I",c .j::> " !" co. I ~~~ ~ ~ "1:l3~ :t iH RENDERED ElEVATIONS ~!iz !'o ~~ t bUg ~$: 0 :t~g 8~~ 0 !!!j ill -NORTH & EAST ~o ~~ !!:: ~~l'l ~ > .. '~ Z -<0,. ~.. 3:: nU ~ ~i~ .Q • -
0
~ .! I j" ~ " II '"~ () t I ~F.~~ 'I ~1l : ~~ ~»-6 ~ .. tj s: g . . ~h
II ~ co. ~~~ :::;:~ ~ ~i PO' ta§ 3::D z I" RENDERED ElEVAITONS ~~g ~ ~i2 ~~~ t ~~~ ~s: r'~ 0 "l I" i §~ :Eg .. ~~ ~5' ". r ... -SOUTH & WEST ~o
~ I-" da u 11 z . n n ~~ . o·
....•....•. j
,
/
• !
~ ~I f---'~C::=I::::I
,~I .
EXTERIOR MATERIAlS & COLOR PALETTE
• " ~
2
i
I
i _____ ---2 ___ _
~ ~
tl o w I',
11UUllllULLU"" ;[
MATERIALS & COLOR APPLICATIONS -PARTIAL
ELEVATIONS· NORTH
I ~ , ~ "
.,
~, g! I , ,
~
~; I!
II'~:J ~ I.l. '-;h/
i i f"1 ..
~~. , IF~~ ~ .
I I
I I . 11
"
, I .
III
lr
Ii
MATERIALS & COLOR APPLICATIONS -PARTIAL
elEVATIONS -EAST
I I
MATERIALS & COlOR APPLICATIONS -PARTIAL
ELEVATIONS -WEST
1+111111111111 ;: i . !! ,l ~
I 11
MATERIALS & COlOR APPLICATIONS· PARTIAL
ELEVATIONS -SOUTH
'r + ~-+ + + + + -I + -'c + + -1 + + + + + + .;,-+ + + + ... + H " " ~'~ ~~ !1 i' j~ ~ ~ ~~ ii~ g " Il F " " " ~~ ~~ ~; i e ~; I' + 6F !' " i~ ~~ .. ., ~ ~ .. ~ ,~ ~ ~ I; E~ " .~ E F" , t~ ~~ . ~ ... ~ i2 ., .' !' , r " .~ ~~ ~~ .~ ',; ! ,
:x:-I ~I~~ il'" W ;1 11 F; .• ~~H , . ~'jH ~~li~~~ II I' . " I,i i I ~ i " .;. 'h~· ~ ~ ;ill ~HH ,Ji NORTH & EAST ElEVATIONS i' II! ' 0 & 0 , , hp6 \-\:."l}/ • h I ~~fi ~ "-J ~!!E p~~~ .~~~;. Jl ill , , S .
I -I -1''' ,,~t ;; hj
+ + !; " H .-, ,
t I r,1~~
~
+ I' ,,~ + + + ~. !~ H . ~ " 1l ir o ~
I
t + + + + l' " ~~ g ~9 ~ ~ ;~ ~~ «, •
il
J' I" II " ! I I,
I 1
I
"
+ + + + + + + + + + i---r-.... + .... + i, .' " i~ " <, " I! " fP " F ~, g i;P Ii !i " ~, ~~ e~ ~~ .j ~~ ~ ; ~~ Q~ l "' £i , ;
WEST & SOUTH ELEVATIONS
+ t t 'r + ... ... .... + i + " ., ,,'r .... ~ + " ,', ~~ " ~~ 1; ,!-. ~~ H 'f' " ~; ~ ~ .; '1 "~ e~ ~! , ' ' 11 ,. -f , : -=----.; ,.,
I
I I 1 , ,
I I I I
I I L , , I-. -
I ,
1 ,
1
1,. d;
II! . ,r l'i
CROSS SEcrlON
lLllHwU 11
'Y,j
TYPICAL 2 BED UNIT FLOOR PLAN + 950 SF
.CoU4IIU-......
l
El ./ I -(;)_ i_I
~l ~ II
TYPICAL EFFICIENCY UNIT FLOOR PLAN ± 500 SF
~,
J_ r:. !
L '~i
J
"'I !l ~!::I~-I:
1;1===", ~::;;. j=C=7=i:~,
'l'~I, x
[ 1 :;(,
:C:il
, 1-·' ...
II;JO'> J !; ,:J
TYPICAL 1 BED UNIT FLOOR PLAN
..,.",.,"'"....... ± 700 SF
TYPICAL CORNER EFFICIENCY FlOOR PLAN ± 450 SF
'''''''''1",·,'4"
TYPICAL 3 BED UNIT FLOOR PLAN ± 1 200 SF
""""" ","-~""
l"-=-~I
II '~ : ';j
I "
"tv
TYPICAL TOWNHOME LAYOUT +1.500 SF
AVAI~:'':'~qo
COI.WJJIIIU .. ,.o;
..:><)"",-,"""ve>. "'" ,""" . .........,.,ON. ~=
ItLm=..<lOO
MINOR
MODIFICATION
SUSMITTAl
II·'·· _'-_1,,_''''''':'.::''::: ---;
, '
-----~----
!!I
A-500
,.~
.~~~ ~~.,..OlLARD EMBEDED WI LED LIGHT
I'
"'Ii I -I; '----li~~+--h I'~>
~.I~ --==:::'::-./~> "\'>-:=r""
r ~ ,.;~,.>J ..
:.::::::?a::?~~.:=-:.,.
~~z.
~~~~~'--.....
Ei'!s:"::.';.:;;';:~.!::~':;....,-
(1"0' BIKE RACK DETAILS
'. __ ' """,-r·,,u.
-\ii-~.,
I . I i ,,:
I
~-=.., ---,'
""<'l"""o-,,>().
'lC'~;.='ON. =--
MINOR
MODIFICATION
SUBMITTAl
---!..
A-GOO
EXHIBITG
PERMITTED .DEVELOPMENT
The maximum density, heights, setbacks and intensities for any development on the
Property shall be regulated by the City's Land Development Regulations, Comprehensive Plan
and any applicable Federal, State or County laws and regulations. The Property is designated
Transit-Oriented Development District (TODD) in the City's adopted Comprehensive Plan. The
TODD designation provides that "permitted heights and intensities shaH be set forth in the Land
Development Code, including design standards."
The Property is zoned TODD (MU-M) Mixed-Use Market by the City's Zoning Map and
is also located within the Hometown District Overlay (HD-OV). The Property may be used for the
purposes pennitted and regulated in these zoning districts. Within the TODD (MU-M) zoning
categOly the maximum pelmitted height with bonus is ten (10) stories or one hundred thiliy (130)
feet assuming applicable bonuses are obtained and approved, the minimum residential density of
fifty (50) dwelling units per net acre, and the maximum residential is as many units as can be
provided with parking as required by Section 20-8.8, LDC. The development is limited by such
set back, height, floor area ratio, minimum room size and other provisions of the Land
Development Regulations.
29
EXHIBITH
PUBLIC FACILITIES TO SERVE THE PROPERTY
The proposed development will be serviced by those roadway transportation facilities
currently in existence as provided by state, county, and local roadways. The proposed development
will also be serviced by public transportation facilities cUlTently in existence, as provided by
Miami-Dade County, the City of South Miami, and such other governmental entities as may
presently operate public transportation services within the City of South Miami. Sanitaty sewer,
solid waste, drainage, and potable water services for the proposed development shall be those
services cutTently in existence and owned or operated by Miami-Dade County, the Miami-Dade
County Water and Sewer Department, the City of South Miami, and State of Florida. The proposed
development shall be serviced by those existing educational facilities owned or operated by the
Miami-Dade Public Schools District, if applicable. The proposed development shall be serviced
by those existing parks and recreational facilities owned or operated by the United States
Govenunent within Miami Dade County, by the State of Florida, by Miami-Dade County, and by
the City of South Miami. The proposed development shall be serviced by those existing health
systems and facilities operated by the United States Government within Miami-Dade County, by
the State of Florida, by Miami-Dade County, and by the City of South Miami.
The proposed development will also be serviced by any and all public facilities, as such
are defined in Section 163.3221(13) of the Act, that are described in the Comprehensive Plan,
specifically including those facilities described in the Infrastmcture Element and the Capital
Improvements Element therein, a copy of which is available for public inspection in the offices of
the City Clerk of the City of South Miami. Notwithstanding the foregoing, the Project may be
required to provide for some of Its own services, including solid waste removal and stotmwater
drainage, and modify any other public facilities to service the proposed development as may be
required in connection with generally applicable procedures dming development pennitting.
30
EXHIBIT I
STREETSCAPEIMPROVEMENTS
31
" I~
! ill
EXIIJHIT I
PAVING GRADING
AND DRAINAGE PLAN
I
I DJ:
I
I
EXHIBITJ
RIGHT-OF-WAY RESTORATION AREA
32
f'.
i<1
O)W
rl)~
f1J <!
il.
~
ml-
(i)
Lr::<l:
0-.1
, ,
I , ,
----------i
J ,"
I
I I
'I' i , ;
i .,
•
, .
"
STAll! OF FLORIDA, caulln' 01' MIAMI-DADE
I H[/(ESY CEFmFY tna!!hl. Is a Irue copy olLie
,~,? , .,
PROP. LOADING
AREA
FRO? MIXED-USE
BUILDING
FFE: 12.43
I -::",0-I .. ,
""':>-]
,
I ~
. :;:, .: ••.. I --fWJ-- --It-::-;:..7",;;;:< ......
U ___ _
----~~..,_,_' ..:_-;::-:-, .. / .. .....:.,:-----------
" '~;;: "" , ..
'~~~!:~
~~~~::t~~,~
.§-~~.:z
~=1!~~~
'. Z;.ff>~.:'t-"'::,"Mr."-....:<
'~~~;m:;.~~;.
't~~~~~~
SOUTH MIAMI MARK
.. >(lSW7,.~S1.&m'SW
S!lr" ... v~ .000 ....... "'.n""lU
~
PERMITSET
"", .. -:.",-"
~,,·,t:
C400
PAGE 22A |SUNDAY MAY28,2023 MIAMI HERALD
suspicious activity on his
accounts.
Erdoes’statements in a
nearly nine-hour deposi-
tion conducted in March
shed new light on the ac-
tions of JPMorgan’s high-
est-ranking officials while
Epstein’s conduct faced
legal and public scrutiny.
The Washington Post
obtained the transcript of
the deposition,much of
which has been unreported
until now.This report is
based on Erdoes’answers
in that deposition,as well
as emails and other in-
ternal bank documents
that were read into the
record during the deposi-
tion or introduced as evi-
dence in other court fil-
ings.
U.S.VIRGIN ISLANDS
FILED SUIT
Officials from the U.S.
Virgin Islands,where Ep-
stein owned a
private island and
gaudy mansion,
and attorneys for
his victims claim
the bank was
complicit in fund-
ing Epstein’s long
history of abuse
and child sex
trafficking.A
complaint filed
last month by the
U.S.Virgin Is-
lands cites Er-
does’deposition
as evidence that
JPMorgan knew
of accusations
against Epstein
years before the
bank severed ties
with him.
Not until 2013
did the bank end
its business rela-
tionship with Epstein,
identifying the financier’s
routine and massive cash
withdrawals as the reason
for terminating the rela-
tionship.
JPMorgan has rejected
the allegations in the law-
suit and expressed regret
for its past association with
Epstein.
“We all now understand
that Epstein’s behavior
was monstrous,and his
victims deserve justice –
but these suits are mis-
placed as we did not help
him commit his heinous
crimes,”JPMorgan spokes-
woman Patricia Wexler
said in a statement.
The deposition tran-
script shows Erdoes said
she had been made aware
of Epstein’s convictions for
sexual offenses,his status
as a high-risk sex offender,
and public allegations of
abuse of minors and hu-
man trafficking.But she
said she didn’t think it was
her responsibility to re-
move him as a client,
launch an inquiry into his
accounts or refer them to
compliance officials.
JPMorgan has a separate
process for dealing with
client-related legal issues,
she said.
Jes Staley,Erdoes’su-
pervisor and one of Ep-
stein’s close friends,did
investigate the allegations
against Epstein by asking
the financier about them,
according to records read
during the deposition.
JPMorgan in a statement
said it was “unfair for The
Post to draw these kinds of
conclusions without con-
text for the relevant pro-
cesses at JPMorgan,the
tens of millions of clients,
and the many profession-
als involved.”
DIMON DEPOSITION
Attorneys bringing the
lawsuit have sought testi-
mony or documents from
a wide array of people who
had varying levels of con-
tact with Epstein,includ-
ing Tesla CEO Elon Musk,
Google co-founders Larry
Page and Sergey Brin,and
JPMorgan CEO Jamie
Dimon,who is scheduled
to be deposed Friday.
U.S.Virgin Islands Gov.
Albert Bryan Jr.is set to
give a deposition on June
6.JPMorgan in a filing
Thursday accused govern-
ment officials on
the islands of
shielding Epstein
from law en-
forcement offi-
cials in exchange
for political do-
nations.Attor-
neys for the U.S.
Virgin Islands
called the claim
“an obvious
attempt to shift
blame away from
JPMorgan
Chase.”
Deutsche
Bank,where
Epstein took
much of his
wealth after
leaving JPMor-
gan in 2013,
recently agreed
to pay $75 mil-
lion to settle a
similar suit.
The lawsuits against the
investment banks concern
the extent to which va-
rious people in Epstein’s
orbit are accused of en-
abling the sprawling sex
trafficking operation that
led to his arrest in 2019,or
at least looking the other
way –and profiting –when
they should have inter-
vened.U.S.Virgin Islands
attorneys say JPMorgan
“knowingly facilitated,
sustained,and concealed”
Epstein’s human traffick-
ing network,while profit-
ing from deals and clients
Epstein brought into the
bank.
BANK SAYS IT DID
NOTHING WRONG
JPMorgan has denied
any wrongdoing and said
the claims in the U.S.
Virgin Islands complaint
are meritless.The compa-
ny has also sued Staley,
accusing him of acting on
his own to advance Ep-
stein’s interests.
Erdoes in the deposition
said that it was the
responsibility of the
bank’s legal team to exert
controls on Epstein’s ac-
counts and that Staley
communicated with him
about the bank’s periodic
concerns.
“The process by which
those things work is that
legal risk,compliance,
including supervisory
management ...have a
natural process they go to
when they have things like
this that get alerted to
them,”she said.
That is a fair description
of how most major banks’
compliance systems
should work,said Eric
Chaffee,a professor at the
University of Toledo Col-
lege of Law.But he added
that after repeated un-
explained suspicious
transactions and public
reports of criminal beha-
vior,bank officials have a
legal responsibility to step
in.
‘A LOT OF RED FLAGS’
“When you have a lot of
red flags come up,it’s one
of those things where the
senior executives certainly
have some obligation to be
talking to each other and
figuring out what’s going
on,”Chaffee said.“Ulti-
mately,there does come a
point where the bank,the
financial institution,be-
comes outright complicit
in regard to the crime.”
Wexler said that the
bank regretted doing busi-
ness with Epstein and “in
hindsight,any association
with him was a mistake.”
“We are committed to
combating human traffick-
ing,and we will continue
to look for ways to invest
in advancing this impor-
tant mission,”Wexler
said.
Attorneys representing
Staley,the U.S.Virgin
Islands and Epstein’s
victims declined to com-
ment.
On more than 100 occa-
sions during the deposi-
tion,Erdoes said she did
not recall details of her
role helping supervise
Epstein’s accounts,some
of which date back two
decades.She described
Epstein’s crimes as “alle-
gations”even though he
pleaded guilty to procur-
ing a child prostitute in
2008 and was declared a
Level 3 sex offender –the
most serious designation –
by a New York state ap-
peals court in 2011.
Asked in the March 15
deposition whether she
believed Epstein,who
died by suicide in 2019 in
his cell at the Metropol-
itan Correctional Center
in Manhattan,where he
had been housed awaiting
trial,was engaged in sex
trafficking,Erdoes said,“I
don’t know what to be-
lieve.”
SEE EPSTEIN,23A
EMILY MICHOTMiami Herald file photo
Jeffrey Epstein's former home on the island of Little St.James in the U.S.Virgin Islands,which has sued JPMorgan Chase,alleging the bank knew about allegations that Epstein was
sex-trafficking in underage girls years before it severed ties with him.JPMorgan has countersued,saying the U.S.Virgin Islands was ‘c omplicit in the crimes of Jeffrey Epstein.’
JAY LAPRETE AP file
This 2014 photo shows retail mogul Leslie We xner at the
Wexner Center for the Arts in Columbus,Ohio.Jeffrey
Epstein,through his own accounts and the ones he
managed for We xner at JPMorgan Chase,‘generate[d]
one of the largest annual revenue flows of private clients
in the private bank,’the Washington Post reports.
Jamie Dimon,
chief executive
of JPMorgan
Chase,is
scheduled to be
deposed Friday
in the suit filed
by the U.S.
Virgin Islands
against the
bank over its
handling of
Jeffrey
Epstein’s
accounts.
FROM PAGE 21A
EPSTEIN
78
79
MIAMI -DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Be fore the unde rsigned authori ty pe rso nal ly appea red
GUILL ERMO GARCIA , who on oa th says tha i he or she is th e
DIRECTOR OF OPERAT IONS , Legal Notice s of the Miami Da i ly
Business Revi~ ''''''a Miami Review, of Miami-Dad e Co unty ,
Florid a ; tha i th e attached copy of advert isem ent . being a
Legal Ad vertise ment of Notice in the mailer of
CIT Y OF SOU T H MIAM I · PUBLIC HEARING · JU N. 20 , 2023
in the XXXX Court ,
was p ublished in a newspaper by print i n the issues o f Miami
Daily Busi ness Review flk/a Miam i Review on
06 /09 /2023
Affiant further says tha t the newspaper co mplies w ith all
legal re qui remen ts for publication in chapter 50 , Florida
Sta tutes.
Sw to and su bscribed be fo re me th is
9 day of JUN E , A .D. 2023
~
(SEAL)
GUI LLERMO G ARCIA personall" Known to me
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO ADOPT RESOLUTION
APPROVING SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT
FOR PROPERTY AT 5850 SW 73 STREET,
SOUTH MIAMI, FLORIDA
A request has been filed with th e City of South Miami to enter into a
Second Amended and Restated Devel opment Agreem ent pursuant to
Section 20-8.9 of the land Develo pm ent Cod e and Sections 163.3200
through 163.3243 of the Florida Statutes for the property located at 5850
SW 73 Stree t in South Miam i, Fl orida. Notice is hereby giv en that the City
Comm ission wi ll hold th e seco nd of two pu blic hearings on ~ JuntJ
gQ, 2023. at 12:00 p.m. to consider a resolution appro ving the request. Th e
title of said reso lution reads :
A RESOLUTION OF TIlE CITY COMMISSION OF TIlE CItY OF SOlffit
MIAMI, FLORIDA, APPROVING A SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT WITH AVALON SOMI, CLC, FOR TIlE
PROPERTY LOCATED AT 5850 SW 73 STREET, SOUTH MIAMI , FLORIDA,
PURSUANT TO SECTION 20-8.9 OF THE lAND DEVELOPMENT CODE
AND SECTIONS 163.3220-163.3243, FLORIDA STATUTES: AUTliORIZlNG
THE CIl't..MANAGEB TO EXEClJTE ,HE SECOND .. MENDED AND
RESTATED"DEVELOPMENT AGREEMENT; MODIFYING AUTHOIIlZED
CONSTRUCTI ON DAYS AND HOURS PURSUANT TO SECTION 7-16(G)
OF THE CITY'S CODE OF ORDINANCES UPON A FINOING OF
EXTRAORDINARY CIRCUMSTANCES; MODIFYING THE PARKING
FEE AND FINE SCHEDULE TO ALLOW FOR THE ONE TIME BULK LEASE
OF PARKING SPACES WITHIN TIlE SOlffit MIAMI MUNICIPAL
PARKING GARAGE DURNG THE CONSTRUC110N OF TIlE PROJECT;
AUTHORIZING TliE CItY MANAGER TO RELEASE ANDIOR TERMINATE
REQUIREMENTS, OBUGA"TIONS , AND INSTRUMEN"TS REQUIRED BY
TIlE ARST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
TO THE EXTENT INCONSISTENT WITH TIlE SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT: PROVIDING FOR CORRECTIONS,
IMPLEMENTATION , REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE
80
Pursuant to SeCtion 163.3225 of the Florida Statutes, the City of South
Miami further provides notice of intent to enter into a Second Amended
and Restated Development Agreement pursuant to Section 20-8.9 of the
Land Development Code and Sections 163.3220 -163.3243, Ronda Statutes,
for the property located at 5850 SW 73 Street, South Miami, Florida .
Proposed mixed -u ses on the property will include up to 290 residential
-onits0Jpio approximately 45,000 square feet of commerciaf devalopmenr~
including a groundfloor grocer, small bay retail, and back of the house
areas. The proposed building's height will be up to ten (10) stories (up to
approximately 124 feet). A copy of the proposed development agreement
can be reviewed and obtained by contacting the City Clerk at305-663-6340.
The public hearing will be held at G.i!y Hall Commission Chambe~L..6t30
Sunset DriVe South MJaml~ Florida_33143. Commission members wiJl
participate in Chambers or by video conferencing through the Zoom
platfonn and members of the public may join the meeting via Zoom at
(b!1Qs:llzo~Q.m.us/j[3056_636338) and participate. At a minimum, at least three .
. members of the City Commission will be physically present in the City
Commission Chambers and they wjIJ be broadcast on the Zoom platform
along with all other members of the Commission , City Staff and the pul;:lllc
may attend remotely from the Commission Chambers and from other
locations.
If you desire to present evidence or you are unable to use Zoom, there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hall and at t1nP:l!www.so_uthmiaro!fl.g~lVl58O!Public-Meetings-NoJices.
The pending application end supporting documentation can be reviewed
and copies obtained by contacting the City Clerk at 305-663-0340.
Pursuant to Section 286.0105, Ae. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this maHer, such person must ensure that a verbatim
record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise
-trmt:l mi$sibhrtlt'''"itTelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or te
request an auxiliary aide or selVice in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meetinQ (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifi.gov.
Nkenga A. Payne, CMC, FCAM
City Clerk I'
619 23-6210000667454M
SUNDAY JUNE 11 2023 NEIGHBORS ...................................................................................................15SE
81
CI ~ YllLAGE OF PINECREST
Public Notice (~ ,"OO",O •• HO ~~»
On Tuesday, July 18, 2023, at 7:00 p.m., the Village Council will conduct the folio ;,j-, -", '''Z 7 ~
.r. 0 R \ Q
Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 1 ~ 6
Pinecrest Parkway, Pinecrest, Florida: CtTY OF SOUTH MtAMl, FLORtDA
I::lEARI~G #2023-071823-1 . 10612 PROPERTY LLC (OWNER), ~ ND NOTtCE OF PUBLIC HEARtNG
CHICK-FIL-A, INC. AND JENNY BAEZ (APPLICANTS) , "'-NOTICE OF INTENT TO ADOPT RESOLUTION APPROVING SECOND AMENDED
REQUESTING APPROVAL OF A SITE DEVElOPMENT PLAN 0 AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY AT
DEVElOPMENT OF A NEW RESTAURANT WITHIN THE BU 1 5850 SW 73 STREET, SOUTH MIAMI, FLORIDA
,
GENERAL BUSINESS DEVELOPMENT ZONING DISTRICT. THE N E'IIIII A request has been filed with the City of South Miami to enter into a Second Amended and Rests
Development Agreement pursuant to Section 20-8.9 of the Land Development Code and Secti
BUILDING IS PROPOSED TO BE ONE STORY OR 29 FEET AN ) I 163.3200 through 163.324301 the Florida Statutes for the property located at 5850 SW 73 S
INCHES IN HEIGHT; AND IS PROPOSED TO INCLUDE 3,565 SQU "'-In South Miami, Florida. Notice Is hereby given that the City Commission will hold the second of
public hearings on TuUd'Y June 20 2023 at 12'00 P m to consider a resolution approving FEET OF flOOR AREA ON PROPERTY LOCATED AT 13001 PINEG EI request. The title of said resolution reads:
PARKWAY. A RESOLunON OF lltE CITY COMMISSION OF THE CITY OF SOUllt MIAMI, FLORI_
All interested parties are urged to participate. Objections or expressions of approval may be made in pe ;-APPROVING A SECONO AMENOEO ANO RESTATED OEVELOPMENT AGREEMENT W
the hearing or filed in writing prior 10 or at the hearing. Inlerested parties requesting information are as AVALON 8OMI, LLC, FOR THE PROPERTY LOCATED AT 5850 SW 73 STREET, SOUTH MIA
conlad the Building and Planning Department by calling 305.23.4.2121, via e-moil at plonningOpinecres I. FLORIDA, PURSUANT TO SEcnON 20-8.9 OF lltE LAND OEVELOPMENT COOE ANO SECTIO I
or writing 10 the department at 12645 Pinecrest Parkway, Pinecre5t, Florido 33156. Refer 10 the Hearing N ,,------163.3220-163.3243, FLORIDA STATUTES: AUTHORIZING THE CITY MANAGER TO EXECUTE,
when making on inquiry. SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT: MODIFYING AUTHORI
CONSTRUcnON DAYS AND HOURS PURSUANT TO SECTION 7-18(G) OF THE CITY'S C
In accordance with the Americans with Disobilities Act of 1990, all persons who are disabled and whc " OF OROINANCES UPON A FINDING OF EXTRAOROINARY CIRCUMSTANCES: MODIFYI
special accommodations 10 participate in this meeting because of that disability should conlact the Village C e.---THE PARKING FEE AND FINE SCHEOULE TO ALLOW FOR lltE ONE TIME BULK LEASE I 305.234.2121 nollaler than seven business days prior to such proceeding. PARKING SPACES wmtlN lltE SOUllt MIAMI MUNICIPAL PARKING GARAGE DURNG
Should any person decide to appeal any decision of the Village Council with respect 10 any mailer considl ,-CONSTRUcnON OF THE PROJECT; AUTHORIZING lltE CITY MANAGER TO RELEASE ANoi
such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may n -TERMINATE REQUIREMENTS, OBLIGATIONS, AND INSTRUMENTS REQUIRED BY lltE FI
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidenc u AMENDED AND RESTATED OEVELOPMENT AGREEMENT TO THE EXTENT INCONSIST
wh;ch !he appeal ;, to be based IF.S. 286.Ql 05). WITH THE SECOND AMENDEO AND RESTATEO DEVELOPMENT AGREEMENT: PROVIDING F
Priscilla Torres, CMC CORREcnONS, IMPLEMENTATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE
www.pineo .... t-fI.gov Village Clerk Pursuant to Section 163.3225 of the Florida Statutes, the City of South Miami further provides nob
of intent to enter into a Second Amended and Restated Development Agreement pursuant to Sectl
@ 20-8.901 the Land Development Coda and Sect;ons 163.3220 -183.3243, Florida Statulas, for
CITY OF OPA-LOCKA REQUEST FOR PROPOSALS property located at 5850 SW 73 Street, South Miami, Florida. Proposed mixed-uses on the pro
RFP NO: 23-0706200 will Include up to 290 resldenUal units, up to approximately 45,000 square feet of commercl
Feasibility Study to Install Parking Meters development -including a ground-floor grocer, smail bay retail, and back of the house areas.
proposed building's height will be up to ten (10) stories (up to approximately 124 feet). A co
Sealed Proposals for a Feasibility Study to Install Par1<lng Meters along AII·Baba Avenue between 2'P' A e City Clar
and 22"'" Avenue (Both side of the street). NW 22"d Avenue from Rutland Street to Bur1ington Street (East 305-663-6340. I
West), Sharazad Boulewrd to AII-Baba Avenue on Opa-Iocka Boulevard, and Sharazad Boulevard to Sr1ah 5 ~ "un •• ' D., on Pervlz Avenue will be received by the City of Opa·lock8 at the Office of the City Clerk. 780 Asherma
4th Floor. Opa-Iocka. Florida 33054. Thursd.y, July 06, 2023 by 2:00 p.m. Any RFP Package received alte . . .... ~~-~
designated closing time will be retumed unopened. The City of Opa-Iocka will be accepting proposals by rna' conferencing through the Zoom platform and members of the public may join the me~ting via Zo
however It Is your responsibility to submit your proposal by the due date. In addition. proposals may be subm mbers of
via www.demandstar.com (e-bld). The address to submit sealed proposals Is listed below: City Commission will be physically present in the City Commission Chambers and they will
CITY OF OPA-LOCKA broadcast on the Zoom platform along wfth all other members of the Commission, City Staff and
Office of the City Clerk public may attend remotely from the Commission Chambers and from other locations.
780 Fisherman Street, 4th Floor
Opa-Iocka. FlorIda 33054 If you desire to present evidence or you are unable to use Zoom, there are procedures to fal
An original and six (6) copies for a total of seven (7) plus 1 copy of the Proposal package on USB Flash Drive . and other options available including a dedicated phone line to listen and partiCipate in the meetl
PDF format shall be submitted In sealed envelopes/packages addressed to the City Clerk. City of Opa-Io and limited public attendance, all of which is set forth in the meeting notiqe posted at City Hall
Florida. and marked RPP far. Pa.lbliity SlucIy lID Indilil Pinking Mete .... at bttg:llwww soutbmlamlfl.gov/580/~ubllc-MeetIDg&-Notlces.
Proposers desiring information for use in preparing proposals may obtain a set of such documents by visitin ies obtained
City's website at www.opalockafl.govorwww.demandstar.com. contacting the City Clerk at 305-663-6340.
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or Irregularlt' Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a p~rson deci thereIn. The City further reserves the right to award the contract to that proposer whose proposal best compl'
with the RPP NO: 23·0706200 requIrements. Proposers may not withdraw their proposal for a perlo tn .nn •• ' .nv , m.rl~ hv 'h. , "",,; •• ~'" tn ,h,. h person m
ninety (90) days from the date set for the opening thereof. ensure that a verbatim record of the proceedings Is made, which record Includes the testlm
A Mandatory pre-bid meeting will be held on Thursdq, June 22, 2023 .t 10:00 •• m. at 780 Fisherman St ,rl, . . •• h 0' ;"n h I Th· n"'" onstitute oons.nt by
4" Floor, Opa·locka, FL 33054 and via Microsoft. Teams. City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does I
Microsoft Teams meeting authorize challenges or appeals not otherwise allowed by law.
join on your computer, mobile .pp ar room device ADA: To request a modification to a pOlicy, practice or procedure or to request an auxiliary aid
Click here to loin the mHtfng service In order to participate In a City program, activity or event, you must on or before 4:00
Meeting ID: 260 273 235 406 3 business days before the meeting (not counting the day of the meeting) deliver your reques
Passcode: gzFBnk the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florid Download Teams I Join on the web
Learn More I Meeting options email at npayne@southmiamifl.gov.
Joanna Flores. CMC Nkenga A. Payne, CMC, FCRM
City Clerk City Clerk