Res No 035-23-15969RESOLUTION NO. 035-23-15969
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT WITH
MAESTRA SUNSET, LLC, FOR THE PROPERTY LOCATED AT 6075 SW 72
STREET, SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION 20-8.9 OF THE
LAND DEVELOPMENT REGULATIONS; RESCINDING A PREVIOUS
DEVELOPMENT AGREEMENT FOR THE PROPERTY; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NEW DEVELOPMENT AGREEMENT,
RELEASE AND TERMINATION OF THE PREVIOUS DEVELOPMENT
AGREEMENT, AND ALL OTHER SUPPORTING INSTRUMENTS REQUIRED
BY THE LAND DEVELOPMENT REGULATIONS FOR DEVELOPMENT OF
THE PROPERTY; PROVIDING FOR CORRECTIONS; IMPLEMENTATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Sunset Miami Investments, Inc. (the "Owner"), is the owner of property located at
6075 SW 72 Street, South Miami, Florida (the "Property"), and previously entered into a long-term ground
lease for the Property with Alta Sunset, LLC (the "Previous Applicant"), to develop the Property pursuant
to a Special Exception for a Large Scale Development approved by Resolution No. 074-18-15107 (the
"Previous Approval"); and
WHEREAS, 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
WHEREAS, in furtherance of the Previous Approval and consistent with LDC requirements, the
Previous Applicant entered into a Development Agreement dated September 13, 2018 (the "Previous
Development Agreement") with the City that was approved by Resolution No. 168-18-15201 and recorded
in Official Records Book 31141 at Page 4597 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, the Previous Applicant's interest in the Property ceased and the Owner entered into
a long term ground lease with Maestra Sunset, LLC (the "Applicant") to develop the Property pursuant to
a Special Exception for a Large Scale Development approved by Resolution No. 118-2215871 (the "Current
Approval") for a project consisting of up to 316 residential units, 3,676 square feet of retail space, 1,353
square feet of leasing office space (collectively, the "Project"); and
WHEREAS, the Applicant seeks to enter into a new Development Agreement, in substantially the
form attached in 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 Mayor and City Commission, having held a public hearing on April 4, 2023, fmd
that the Previous Approval and Previous Development Agreement are unnecessary given the Current
Approval and the New Developm~nt Agreement, and should be rescinded effective on the date the New
Development Agreement is recorded; 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 wishes to (i) approve the New Development
Agreement, (ii) rescind the Previous Approval and Previous Development Agreement effective on the date
Page lof3
Res. No. 035-23-15969
the New Development Agreement is recorded, and (iii) authorize the C ity Manager to fina li ze and execute
the New Development Agreement in substantia ll y the form attached as Exhibit "A," the and .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMlSSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals and Findings. The recitals se t forth in this Reso luti on are true and correct,
and are supported by competent substantial ev id ence, and they are incorporated into this Resolution by
reference as if set forth in full herein. The C ity Co mmission find s that the New Development Agreement
meets the applicable requirements of finds that the New Deve lopment Agreement meets the requirements
of Section 20-8.9(C), (I) and (1) of the LDC .
Section 2. Anoroval. The C ity Commi ss ion hereby approves the New Development
Agreement in substantia ll y the form attac hed as Ex hibit "A."
Section 3. Rescission. The City Co mmi ss ion hereby resc ind s the Previous Approval a nd
Previous Development Agreement effect ive on the date the New Development Agreement is recorded , and
the Owner, the Previous Applicant, and the App li cant, are relea se d from any obligations thereunder.
Section 4. Authorization. The C ity Comm iss ion hereby authorizes the Manager to finalize
and execute (i) the New Development Agreement in s ub stan tially the form attached as Exhibit "A," (ii ) the
Release and Termination of the Previou s Development Agreement in s ubstantiall y the fonn attached as
Exh ibit "B," and (ii i) addit ional instruments required und er Section 20 -8.9(1) and (J) of the LDC for
development of the Project on the Property.
Section 5. Corrections . Conforming language or technical scrivener-type corrections may be
made by the City Attorney for any conforming ame ndme nt s to be incorporated into th e final Resolution for
signature.
Section 6 . Implementation. That the C ity Manager is authorized to execute any required
documentation or take any action t hat is reasonably nece ssary to implement the purpose of this Re so lution.
Section 7. Severabilitv. In the event any portion or sec ti o n of this Reso lu tion is determ in ed
to be invalid, illegal or uncon sti tutional by a court or agency of competent juri sd icti on , s uch decis ion s ha ll
in no way affect the remaining portions of thi s Re so lution , which s ha ll rema in fu ll force and effect.
Sectio n 8.
adoption.
Effect ive Date. This Re so lution shall become effective immediatel y upon
PASSED AND ADOPTED this £: day of April , 2023.
ATTEST: APPROVED :
Page 20f3
Res. No. 035-23 -15969
READ AND A P PROVED AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECUT ION THEREOF
~
C ITY ATTORNEY
WE ISS SEROTA HELFMAN
COLE & B IERMAN , P.L.
COMM ISS ION VOTE :
Mayor Fe rn andez:
V ice Mayor Bonich:
Comm issio ner Corey:
Commissione r Ca ll e:
Commissio ner L iebman:
Page 3 o f 3
4-0
Yea
Yea
Yea
Yea
Absent
111111111111111111111111111111111111111111111
CFN 2023R0655840
OR e.K 33884 f'9S 4842-488 /, (43f'9S)
RECORDED 09 /1812 0 23 10:52:21
,JUAH FERt~AHDEz-e.I,R[lUIN
DEVELOPMENT AGREEMEN~L ERK OF THE cou ra I. COtlPTROLLEll
,iU,MI -DI,DE COUNTY, FL
between
MAESTRA SUNSET, LLC,
a Florida limi ted li abi lity company
and
CITY OF SOUTH MIAMI, a
Florida municip al corporation
DATED AS OF Mar ch 30, 2023
DEVELOPMENT AGREEMENT
(As defined by Section 20-8.9)
THIS DEVELOPMENT AGREEMENT ("Agreement"), as defined by Section 20-8.9, of
the City's Land Development Code (LDC) is executed as of thi s ~ay of ~(U\. ,2023,
by and between the CITY OF SOUTH MIAMI, a Florida mlmicipal corporation ("City") and
MAESTRA SUNSET, LLC, a Florida limited liability company ("Developer").
RECITALS:
A. Developer has entered into a long-term ground lease with Sunset Miami
Investments , Inc., a Florida corporation (the "Owner") for the property more palticularly
described in Exhibit A attached hereto (the "Property").
B . The City Connnission adopted Resolution No. 118-22-15871 (the "Approval
Resolution") which approved a Special Exception to allow a Large Scale Development project on
the Propeliy consisting of 316 residential dwelling units, 3,676 square feet of retail space and
1,353 square feet ofleasing office at the Property (the "Project") pursuant to Section 20-8.9 of the
City's Land Development Code ("LDC").
C. Section20-8.9 of the City's LDC requires a Development Agree ment to be entered
into with re spec t to the Propeliy which grants certain assurances regarding the construction,
operation and maintenance of the propo se d Project.
D . The City and Developer desire to enter into tlli s Agreement for the purpo se of
setting forth the terms and conditions on wllich the Propeliy is to be developed.
NOW, THEREFORE, in consideration of the premises and the mutu al covenants herein
contained, and for other good and valuable consideration, the rec eip t and sufficiency of which are
hereby acknowledged, the City and Developer hereby mutually covenant and agree as follows:
SECTION 1. EXHIBITS AND DEFINITIONS.
1.1 Exh ibits. Attached hereto and forming a pali of this Agreement are the following
Exllibits l :
Exhibit A
Exhibit B
Exhibit C
Legal Description of Propeliy
The Approval Resolution , approving the Special Exception
City of South Miami Resolution No. 118-22-15871
Development Schedule
Page 2 of26
Exhibit E Resolution No. 035-23-15969
Approval of this Agreement and Rescission of a previous
Development Agreement Recorded in Official Records Book
31141, Pages 4597 -4625 of the Public Records of Miami-Dade
County (the "Alta Sunset, LLC Development Agreement") (without
attachments)
1.2 Defined Terms. In addition to other terms defined in thi s Agreement, as used herein
the term:
"Acceptable Operator" is defined in the Standards of Operation for each project
component.
"Approval Resolution" refers to City Commission Resolution No. 118-22 -15871
which approved the Special Exception authorizing the large scale development on
the Property s ubject to conditions.
"Affiliate" or "affiliate" means with respect to any Person (i) any Person directly or
indirectly controlling, controlled by or under common control with such Person (ii)
any officer, director, general partner, member; manager or trustee of such Person or
(iii) any Person who is an officer, director, general partner, member, manager or
tru stee of any Person described in clauses (i) or (ii) of thi s sentence. For purposes of
this definltion, the terms "controlling," "controlled by" or "under conunon control
with" shall mean the possession, direct or indirect, of the power to direct or cause
the direction of the management and policies of a Person or entity,whether through
the ownership of voting securities, by contract or otherwise, or the power to elect at
least fifty percent (50%) of the directors, managers, general partners, or persons
exercising simi lar authority with respect to such Person. For purposes hereof the
term "Person" shall mean any le ga l entity, (including corporations and limited
liability company), any association of individuals or business entities, any trust
(including bu s iness tru s t, real estate investment trust, common law tru st, or other
trust), any partnership (including general palinership, limited palinership, limited
liability limited partnership, limited liability paJinership), joint venture, or two or
more per sons or entities (or any combination thereof and the estates of any of those
individuals) having ajoint or COnm10n economic interest, or any individual (or estate
of such individual).
"Agreement" means this Developme nt Agreement, as the same may be modifi ed or
aJnended from time to time.
"Applicant" means the person or entity who applied for a s pecial exception approval
of the Project pursuant to Section 20-8.9 of the Land Development Code (LDC) .
"Application Documents" means the documents
Developer's application for approval of the special
Section 2.2 of this Agreement.
Pa ge 3 of26
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~ unless otherwise specified or required by the context, means the City of South
Miami.
"City Manager" means the City Manager of the City of South Miami.
"Completion Date" means that date of substantial completion as defined by Section
20-8.9 of the LDC.
"Developer" means Mae~tl'a Su nse t , LLC, the long term ground lessee of the
Propelty,. with express consent from Sunset-Miam i Investments, Inc ., a Florida
corporation, the Owner of the Property as set forth in Ex h ibit D.
"Event of Defau lt" has the meaning ascribed to it in Sect ion 3 .3 .
"Lender" means any lender, and any successor, assignee, transferee or designee of
such lender, which provides financing, secured or unsecured, in connection with the
Project, which shall include, without limitation, any mortgagee.
"LDC" means the City's Land Development Code.
"Pro ject " shall mean the improvements deve loped by Developer on the Propelty
pursuant to the Deve lopmental P lans.
"Deve lopmenta l Plans" refers collectively to t he (i) plans for the proposed Project
plans enti t led "6075 Sunset Drive " prepared by MSA Architects, Inc., signed and
sealed by registered Architect Jose Saumell (AR 0013085), consisting of forty-two
(42) sheets; (ii) plans prepared by Witk in Hults + Pa ltners, signed and sealed by
registered Landscape Architect Andrew Witkin (LA #0000889), cons isting of five
(5) sheets; (i ii) p lans prepared by David Plummer & Associates, Inc ., signed and
sea led by registered Professiona l Engineer Todd Seymour (P .E . No. 52098),
consist ing of six (6) sheets dated 8/24/2022, and (iv) plan prepared by EXP., signed
and sea led by registered P r ofessio n al Eng ineer Roxana P. Matamoros (P .E. No .
77979), consisting of one (1) sheet, all as approved by the Approval Resolution and
are listed in Section 2.1.
1.3 Effective Date and Term. This Agreement shall become effect ive on the Effective
Date . The Agreement shall be recorded in the public record s of Miami-Dade County,
Florida, at the Developer's expense, and shall run with the land and shall be binding
on all parties and all persons claiming u nder it from the Effective Date tlU'ough the
date the Approva l Resolution expires (the "Term"), or five years, whichever occurs
first.
1.4 Not Con tract Zo ning.
Page 4 of26
SECTION 2. PROJECT DEVELOPMENT AND GENERAL CONDITIONS.
2.1 Development Plans. Development of the propelty is subject to final review by the
City's Environmental Review and Pre servation Board and shall be in substantial
comp liance with the Approval Resolution and the following Development Plans :
(a) Cover Sheet -Re-s ubmittal dated 08 /24 /2022
(b) Boundary Survey prepared by Leiter, Perez & Associates, Inc. dated 11101121
(revised 3/23122)
(c) Context Map dated 02 /02 /2022 (revised 08 /08 /2022)
(d) Exhibits EX -I, EX-2, EX-3 dated 02 /02 /2022 (revised 08 /08 /2022)
(e) SP-l dated 02/02/2022 (revised 08/08 /2022)
(f) Sheets A-2.1 -A-2.l1 (Levels 1-10 and Roof Plan) consi sting of 11 sheets
dated 02 /02 /2022 (revised 08 /08 /2022)
(g) Sheet s A-3.l-A-3.5 (Color Building Elevations and Building Section)
consisting of 5 sheets dated 02/02/2022 (revised 08/0812022)
(h) Sheets A-4.1-A -4.4 (Unit Plans) consisting of 4 sheets dated 02/02/2022
(revised 08 /0812022)
(i) Sheets RE-I -RE-3 (Renderings) consisting of 3 sheets dated 02 /02 /2022
(revised 08/08/2022)
(j) Tree Disposition Plan (Sheet TD-I) dated 07 /01 /2022 (revi sed 08 /24/2022)
(k) Ground Level Land scape Plan (Sheet L-I) dated 04 /28 /2022 (revi sed
08 /24 /2022)
(I) 3RD Level Landscape Plan (Sheet L-2) dated 04/28/2022 (revised
08 /2412022)
(m)Landscape Details (Sheet L-3) dated 04 /28 /2022 (revised 08124 12022)
(n) Aerial (Sheet L-4) dated 07 /0112022 (revised 8124 /2022)
(0) Civi l Site Plan (Sheet C-J.O)
(P) Signing & Pavement Marking Plan (Sheet C-2 .0)
(q) Maneuverability Analysis (Sheets AT-J.O, AT-2.0 , LD-J.O , and LD-2 .0)
(r) Photometric Plan (Sheet L-I.1) dated 7/0712022
(s) Statement of Landscape Compliance (prepared by Andrew Witkin, dated
7/18 /2022)
2.2 Application Documents. Except where in conflict with the Approval Resolution,
Development Plans, or the sp ecific conditions listed in Section 2.3 of this Agreement,
the Developer will be bound by representations or conditions of development
provided in the following Application Documents ~ GUll"
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(a) Amended Letter of Intent for Special Exception approval fr o tV H$ll,andl & ~
Knight , LLP dated July 5, 2022 Y~. l~O';LT,,"" !
'<)"1 <;v.0 0" cou"ri ,
Page 5 of26
(b) App li cation for Specia l Exception dated May 3,2022
(c) Traffic Study (prepared by Richard Garcia, dated Apr il 12,2022 and updated
June 29 , 2022)
2.3 Conditions. Deve loper sha ll ad here to the following construction and operation
conditions:
(a) Construction General Cond iti ons.
a.' A Construct ion a nd Maintenance of Traffic (MOT) Plan sha ll be provided
by the App licant to the Building and Pub li c Works Depa liments for
approva l prior to stmi of construction. Access points by construction
veh icles sha ll be provided wit hin the MOT. All construction vehicles are
proh ibit ed from using Sunset Drive, unl ess otherwise approved by the
Depaliment.
b. The Applicant sh all provide for the reconsti'ucti on of the adjoin in g
roadways, sidewa lk s, and drainage to their condition s prior to
construction, or better, and to provide a performance bond equa l to 100%
of the total cost of reconstruction.
c. The App li cant shall provid e a Co nstruct ion Air Quality Management Plan
to the Department pr ior to the sta li of construction.
d. A Cons tru ction, Demo liti on an d Material s Management P lan (CDMMP)
mu st be submitted by the Appl icant at time of bu i lding permi t.
e .· Cons tru ction sha ll on ly take place Monday thr ough Friday during the
hours of 7:00 a.m. and 6:00 p.m. On Saturdays, construction sha ll onl y
take place duri ng the hours of9:00 a .m . tlU'ough 5 :0 0 p.m.
(b) Landscaping Conditions:
a.' The Appl icant shall meet a ll the minimum requirements of the City Code,
Chapters 18 and 24 of the Miami-D ade County Code and specificall y
comply with all condit ions imposed by Miami-Dade County Depaliment
of Reg ul atory and Economic Resources, if any.
b. The propelty sha ll be landscaped in accordance with th e land scape plan,
included with th e site plan submittal.
c. Pursuant to Sec. 20-4.5, as may be amended, the Appl icant shall preserve
existing trees (includ in g native trees) dur in g th e development of the
project, wh erever possible. If the trees must be removed or relocated , the
App licant sha ll be required to obtain a tree removal pe rm it from the City
prior to the removal and/or relocation of any tree and mitigate the im pact
with City requirements.
Page 6 0f26
(c) Environmental Conditions:
a. The Applicant shall meet the requirements of the Miami-Dade County
Water-Use Efficiency Standards Manual, effective January 2009, as may
be amended from time to time.
b . All storm water drainage systems, including the stormwater vault under
the park, shall be maintained in working order at all times in order to
avoid localized flooding during and after a storm. Parking shall be
prohibited on top of any drainage inlet or drainage manll0le.
(d) Architecture Conditions:
a. Substantial compliance with the approved plans to include: design,
materials, and color palette, subject to the approval of the Envirorunental
Review and Preservation Board.
(e) Miscellaneous Conditions
a. All documents submitted with this application are to be made part of the
record.
b. All off-site improvements required under any approvals shall be
completed prior to the first Certificate of Occupancy unless such deadline
is extended.
c. Any improvements in the Public Right-of-Way shall be approved by the
applicable agency (Florida Department of Transportation (FDOT),
Miami-Dade County and/or City of South Miami).
d.' All impact fees shall be paid prior to issuance of building permit.
e. The Applicant shall provide a letter acknowledging compliance with the
applicable Level of Services requirements prior to the issuance of final
permit to the property. If any concurrency approvals expire are-review
shall be required by the appropriate agency.
f. Any changes that increase densities, intensities, or popUlation shall
require a new Concurrency Analysis.
g. Applicant shall submit verification from Miami-Dade County that the
proposed new development has been reviewed and approved for all
access management considerations prior to site plan approval.
h. Flood elevations shall be reviewed and approved for consistency with
FEMA requirements and the City'S National Insurance Flood Program
Ordinance prior to building permit approval.
1. The Applicant, and the owner if other than the Applicant, shall comply
with applicable conditions and requirements by Miami-Dade County
Public Works Department, Fire Rescue Department, Den r.t~~
Regulatory and Economics Resources -Division of E d ~11menr[tc>
Management (RER-DERM), and Miami-Dade County W I. SU, and-S e'rer\,,".
Page 7 of26 )' I
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Department, and FDOT, if any.
J. The Applica nt, and the owner if other th a n th e Applicant, shall execute
and record in the public records of Miami-Dade Co unty , a Maintenance
Covenant, in a form as drafted by the City Attorney and approved by the
City Commission, which complies with the requirements of Land
Development Code Section 20-8.9 and which contains a ll commitments
made a nd co ndition s imposed as part of the approva l of th e Application.
k. Applicant, and the owner if o ther than the Applicant, sha ll comply with
all requirements set forth in Section 20-8.9 in addit ion to those set fo rth
in the Reso luti on unless there is a conflict, in which event Section 20-8 .9
sha ll take precedent. A copy of the Resolution is attached as Exhibit B to
this Ag r eement.
I. If during the review process it is determined that the development, as
proposed, will potentially cause adverse imp act, the Planning DepaI1ment
shall recommend remedial measures to el iminate or reduce, to the extent
possible, these imp acts. Development projects that are recommended for
remedial measures wi ll not be required to subm it a new application unless
it is determined by the Department that add iti ona l changes which wou ld
have the effect of increasing densities, 'sq uare footage or altering the
height or u se of a Development have been made. Remed ial measures may
include, but are not limited to:
1. Additi onal screening or buffering;
'11. Additional landscaping;
111. Relocation of proposed open space, or alteration of the use of such
space;
IV. Pedestrian and bicycle safety and access;
v. Changes to ingress and eg re ss;
vi. Address in g traffic flow to and from th e development to avoid
intrusion on local st reets in nearby single-fami ly residential areas;
or
V11 . Improvement of the streets adjacent to the project, if applicable.
m. The requ ir ed bike room and number of bicycle spaces for both residents
and the public must be maintained in perpetuity as a requirement of being
granted a Bonus Floors.
n. The required Plaza must be maintai ned and open to the public in
perpetuity as a requirement of being granted a Bonus Floor.
o . Pursuant to Sec. 20-4.3, LDC, Sign Regulations, a Mas ter Signa~{P~~p .
b b · d d' /, Y -:,y~ e su mltte ,un er separate permIt. ,.,. .~/ eLf "]' ~0 If , ,. (.; p. An Access Agreement for the plazas must be submitted t o th City and , ~
approved by the City Comm ission. ,i 01
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Page 8 of 26 COlJ i-lll', Ii"
q. The Applicant must post a Sustainabi lity Fee Payment Bond or fully pay
the Sustainability Fee in an amount equal to five Percent (5%) of the
construction value per Sec. '20-8.13 (B)(6)(a), LDC.
1'. The App licant must meet the Art In Public Places requirement, pursuant
to City Code Section 7-17.
s . The project must obtain Environmental Review and Preservation Board
approva l prior to issuance of a Building Permit.
t. The project must meet th e requirements of Sec. 20-4.4(G), LDC relating
to Elect ric Vehicles.
u. The Applicat ion meet the requirements of Sec. 20-8. 13(B), LDC, Green
Buildings.
v .. A signed and sealed Stonnwater Pollution Prevention Plan mu st be
submitted at the time of application for a building permit.
w. A signed and sealed Paving, Grad ing and Drainage Plan be subm itted at
the time of 164 app lic at i on for a building permit.
x . PreliminalY drainage calculations must be submitted to the City'S Public
Works Department showin g that the site can maintain its required
drainage .
y. A ll ADA standards and requirements must be met.
z. All tree grates and sidewalk widths must meet ADA requirements.
aa. The column in the site triangle must be addressed to the sati sfaction of
the City before a certifi cate of Use or Occupancy may be issued.
bb. The Auto Turn diagram be corrected before the issuance of a building
permit.
cc. The project must meet the requirements of Sec. 20 -8.4(D) of the LDC
re lating to Affordab le Housing including plans for and construction of 32
affordab le housing units within the Project.
dd. A signed and seale d Geotechnical Report confirming concrete sidewalk
and pavement sectio ns and hydraulic conductivity for the soi ls be
submitted at the time of application for a building permit.
ee. The Developer sha ll pay all sums then due to the City or its consultants
for cost recovery pursuant to Section 2-7 of the Code prior to
considerat ion of a site plan application by the Environmental Review and
Preservation Board, and th ereafter, any sums due for cost recovery prior
t o obtaining review of any building permit app licati on.
2.4 Interpretation . In determining the enforcement of th is Agreement, th e order of
precedence of documents shall be first, this Agreement; second, the Approva l
Resolutio n ; third, the City'S Code of Ordinances and LDC; fourth, the Development
P lan s, and fifth, the Application Documents. As suc h, sho uld the re be a.l})",c0i1fi·ct s)
w ith respect to the interpretation and/or enforcement of thi s Agreen(ei~t1Ei'~t /J J-
the sub ordi nate documents, th en the terms of this Agreement shall !:.t( ~il. ,( "0,_ 'I' r ~ I • I .,
Page 9 of26
SECTION 3. ADDITIONAL REOUIREMENTS.
3.1 Unit M ix. A total of3 16 residential unit s shall be provided t1u'oughout floors 3-1 0 .
3.2
3.3
3.4
3.5
The mix of residential dwelli ng units s hall be as follows:
One Bedroom Units
Square Footage Range App rox. 573 squ are fee t -1,020 s qu are fee t
Number of Floor Plan Types 7
Two Bedroom Units
Square Footage Range Ap pr ox. 877 s quar e feet -1,1 95 s qu are feet
Number of Floor Plan Types 6
Affordab le Hou s ing. A minimum 32 dwell in g units sha ll be reserved fo r r ental or
sale as Affordable Housin g as that term i s defined in Section 20 -2 .3 of the LDC. As
provided in Section 20 -8.4 (D) of th e LDC, Developer and Owner shall execute and
record a covenant running w ith the land, approved in form and substan ce by the C ity
A ttorney' and C ity Manager w hich complies w ith the Affordable Housing
req uirements of Section 20-4.9 of th e LDC. The affordable units shall comprise of
eight (8) two-bedroom unit s and twenty-four (2 4 ) one bedroom units.
Bicycle SUPPOlt. The building sh a ll be developed with at leas t one (1) secure bike
parking room capable of parking twenty-eight (28) bicycles, a bicycle r epair s tation ,
and will provide for loaner bicycle(s) for building res id ents a nd employees.
Public Open Spaces. A ll public open spaces indi cated on the Developmental Plans
(the "Public Open Spaces") wi ll be open to the public in perpetuity, subj ect to (a)
closu res requir ed from time to time for replacement and r epa ir and (b) r easonable
limit at ions on hours of op erati on as establi shed by Developer from time to time. The
Public Open Spaces will be maintained by Developer at a level of qu a lity equal to .or
higher than City 's st and a rds for municipal public open spaces in effect on the date
hereof.
3.4.1 Public Plaza. The Deve lopment shall be developed with at l east 7,500
squ are feet of total p ubli c plaza s pace des igned in accordance w ith the
Development Plans.
3.4.2 Events in and Around Public Open Spaces. From time to tim e, the Developer
may sp onso r or s imilarly pa rtn er w ith organizations to hold t emp orary special
events in and around the Publi c Open Spaces. Developer shall obtai n all
permits required for a ny special event unde r the City's Co de and/or .~DC;. in
advance of th e event. 1/.''-\ -Cl -'~"1'J-(/: ' ,,('.
Parki n g . Developer sh a ll construct and provide 327 veh icl e parkil/' spaces in 9;.
\ • > ,
Page 10 of 26 >-'''\' . "U' r ,., "~ .• ->---<.' . ..~c ,~~'~
accordance wi th the Developmental Plans .
3.6 Signs . Thi s Agreement shall not be cons trued as gra ntin g any spec ifi c ri gh ts to
signa ge depi cted in the Development Pl ans or de sc ribed in the Application Documents . All Project
sign s shall be su bject to the requir eme nt s of applicable feder a l, state, or local rule s, ord ers,
reg ul ation s, laws, statutes, or ordi nances.
SECTION 4. LAND USES.
4 .1 Land Uses . Developer and the City agree, for themselves and the ir successors and
ass igns, duri ng the term of thi s Agreement, to devote the Prop erty and th e Project
onl y to the u ses specified in tllis Agreement and to be bound by and co mply with all
of the provisions an d conditions of thi s Ag reem ent.
4.2 Character and Operation Sta ndards of Property and Project. The partie s recognize
and acknowledge that the maIm er in which the P roj ec t is de velope d, operated and
maintained are matters of crit ical concern to the C ity . Therefore, the Developer
hereby agrees to develop, ope r ate and maintain the Project and a ll other property
and eq uipm en t l ocated thereon whi ch are owne d, leased or m ai nt a ined by Developer
in good order, condition, repair and appearance and in a manner and in compliance
with all applicable federal, state or loc a l laws, rule s, regulations, codes or
ord in ances . To help accomplish thi s res ult , Developer wi ll es tabli sh suc h reasonab le
rules and regulations governin g the use an d operation of th e Project by operators
an d tenants therein as Developer shall deem nec essary or de sirab le in order to ass ure
the level of quality and charac ter of ope rat ion of th e Project required h erei n, and
Developer will use best efforts to enforce s uch rul es and reg ulations.
4.3 Use Prohibitions of th e Property and Deve loper Improvements. The Property sha ll
not be used by Developer n or shall Developer permit the use of sa me for the
fo ll owi ng : Any unlawful or illegal business, us e or purpose, or for any bu sin ess, use
or purpose which is immoral or di sreputa bl e (inclu di ng without limitation 'iadu lt
enterta inment establishments" and "adu lt " books t ores) or extra-hazardous, or in suc h
manner as to constitute a nui sance of any kind (public or private), or for any pui'pose
or in any way in vio lati on of the certificates of occupancy (or other similar approvals
of app licabl e gove rrun ent al authoriti es) or of rul es, regulations, ord inanc es or laws
app li cable to the Property.
SECTION 5. TIMING.
5.1 Development Sched ul e. It is currentl y contemp lated by the Developer .that th e
Property shall be dev eloped in acco rd ance with the tim e frames set fOlth ';3n:Exliibit ,
C attach ed hereto. The Developer sha ll adv ise the P lanning and ZOl~' /g,t)lfec t ~i?'j" c?~
wr itin g of any material change to the Development Schedule. Th 9 ~vG I ?pn~en t .t.~~
Schedule, or any change filed wi th th e Director, shall not alter or ex end expiration .,
dates set forth in the Ci ty Code or the LDC. ,\.,. ';:", '" ",-~?~ (f'j ""~ .i t.;.v/. Page II of26 cO~ . .Y'/
5.2 Force Majeure. It shall not constitute a default or a failure to cure if a default or
failure to cure is caused by, or results from, any of the following: acts of God; acts
of government, strikes, lock-outs, labor troubles, inability to procure materials,
adverse weather conditions; declaration of a state of emergency under Section
252.363, Florida Statutes (2022) where the underlying natural condition directly
affects the geographic area of the City ("Emergency Declaration"); accidental fire
that could not have been prevented tlu'ough the exercise of reasonable precautions;
war; civil unrest; accidents that could not have been prevented through the exercise
'of reasonable precautions; pandemics; hostile attacks by a third party against
computer systems or networks, or other similar events beyond the control of such
party (each, a "Force Majeure Event"). The party whose performance is prevented,
hindered or delayed by a Force Majeure Event shall immediately notify the other
party as quickly as practicable of the occurrence of the Force Majeure Event, and
shall describe in reasonable detail the nature and estimated duration of the Force
Majeure Event and such performance or obligation shall be excused for the time of
such delay. Notwithstanding the above, the Approval Resolution or any related
approval shall not be automatically extended by an Emergency Declaration except
where the requirements of Section 252.363, Florida Statutes, are timely met.
SECTION 6. ENFORCEMENT.
6.1 Default. Cure, and Code Enforcement. Upon the City's written notice of any alleged
default in Developer's obligations under any section in this Agreement, the
Developer shall have no less than thirty (30) days to cure such alleged default. The
Developer may request an extension of time from the City Commission which shall
be granted ("Extended Cure Period") if the Commission finds, based on substantial
competent evidence, that the Developer has acted in good faith and pursued a cure
with due diligence, and that there are justifiable reasons for the delay and the amount
of time sought by Developer to cure the default. The Developer's failure to timely
cure shall constitute an event of default ("Default") and may, at the City's option,
result in termination of this Agreement and/or other enforcement · action including
but not limited to initiation of code enforcement proceedings and imposition of fines
at the maximum amount allowed by law for each day the Developer remains in
default thereafter, plus interest. For the purpose of this section, any Default 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.
6.2 Fine; Enforcement Expenses; Lien. In addition to code enforcement fines and
interest, Developer shall be liable to the City for its actual expenses to enfoEce the
Agreen~ent, including but not limited to. administrative costs, c~lli1:-;;-e 0~~.~:.,
professIOnal fees, The CIty, at ItS option and WIthout walvmg any othe}/t.,p 6rC ~n)e n '~;
mecharusm, may file a hen, or Impose a contmumg specIal assessme7t l el}/ as n,\ay ;,
be applicable, for fines and costs, against the Property and may seek to ~reclose the :,
lien in accordance with applicable law. The City'S lien shall be perfected ~P QI)I b r.!.~,g p'T
\~?'.Y'J ... ,,"",,:f(~ Page 12of26 ~
recorded in the Public Records of Miami-Dade County, Florida, and shall be of equal
rank and dignity as the lien of City's ad valorem taxes and superior in rank and dignity
to all other liens, encumbrances, titles and claims in, to, or against the land m
question, unless in conflict with state statutes or Miami-Dade County code.
6.3 Litigation, Obligations, Rights and Remedies Cumulative. At the City's option,
enforcement of this Agreement may be by action against any parties or person
violating, or attempting to violate, any covenants set fOith in this Agreement. The
prevailing party in any action or suit pertaining to or arising out of this Agreement
shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the Court may adjudge to be reasonable for the services of his/her/its
attorney. The rights, remedies and privileges of the palties to this Agreement,
whether provided by law or by this Agreement, shall be cumulative, and the exercise
by either party of anyone or more of such remedies shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising such
other additional rights, remedies or privileges, or from exercising at the same or
different times, of any other such remedies for the same default or breach, or of any
of its remedies for any other default or breach by the other patty. The provisions of
this paragraph shall survive the termination of this Agreement.
6.4 Withholding of Permits. In the event of a Default, in addition to any other remedy
pursued by the City, the City shall withhold permits , approvals, and inspections until
the Default is cured.
6.S Governing Laws. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida. The Developer and the Village agree that
Miami-Dade County, Florida is the appropriate venue in cOlmection with any
litigation between the parties with respect to this Agreement.
6.6 Waiver of Jury Trial. CITY AND DEVELOPER KNOWINGLY, IRREVOCABLY
VOLUNTARILY AND INTENTION ALL Y WAIVE ANY RIGHT EITHER MA Y
HAVE TO A TRIAL BY WRY IN STATE OR FEDERAL COURT
PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT
OR COUNTERCLAIM ARISING OUT OF THIS DEVELOPMENT
AGREEMENT.
SECTION 7. MISCELLANEOUS PROVISIONS
7.1 No Pattnership or Joint Venture; No Independent Contractor. Nothing contained in
this Agreement is intended or shall be construed in any maimer or under any
circumstances whatsoever as creating or establishing the relationship of co-partners ,
or creating or establishing the relation s hip of a joint venture between the City and
Developer, or a s constituting Developer as the agent or representativ e of the City for
any purpose or in any maimer whatsoever. Nothing contained in this A~reement
shall be construed or deemed to name, designate, or cause (either ii~il ±~b l:~:-"
implicitly) the Developer, or any contractor of the Developer to be al ~,( €nt '9 f.or')!i~
in partnership with the City. C ) !i \
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Page13of26 ..... ,!;."I (~i7
7.2 Recording, Successor and Assigns. The Agreement shall be recorded in the .public
records of Miami-Dade County, Florida, at the expense of the Developer, and shall
run with the land and shall be binding upon the Developer, and their respective
successors and assigns.
7.3 Non-Discrimination. No covenant, agreement, lease, conveyance or other
instrument concerning the sale, lease, use or occupancy of the Property and
Developer Improvements or any portion thereof shall be affected or executed by
Developer, or any of its successors or assigns, whereby the Property and Developer
Improvements or any portion thereof is restricted by Developer, or any successor in
interest, upon the basis of race, color, religion, sex, national origin, or handicap.
Developer will cOlnply with all applicable state and local laws, in effect from time
to time, prohibiting discrimination or segregation by reason of race, color, religion,
sex, national origin, or handicap in the sale, lease, use or occupancy of the Property
and Developer Improvements or any portion thereof. FUlihennore, 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 Property and Developer Improvements or be snbjected
to discrimination under any program or activity allowed under this Agreement except
as permitted by law.
7.4 Notice. A notice or communication, under this Agreement by the City, on the one
hand, to Developer, or, on the other, by Developer to the City shall be sufficiently
given or delivered if dispatched by hand delivery or, by nationally recognized
overnight courier providing receipts, or by registered or certified mail, postage
prepaid, return receipt requested to:
To Developer:
To: Maestra Sunset, LLC
Attn: Interamerican Corporate Services, LLC
2525 Ponce De Leon Blvd., STE. 1225
Coral Gables, FL 33134
cc: Maestra Real Estate, LLC
2828 Coral Way, Suite 462
Miami, FL 33145
Attn: Juan Poleo
cc: Holland & Knight, LLP
701 Brickell Avenue, Suite 3300 /::::::-
M · . Fl 'd 33131 /; .Jco/J"r
laInt, on a fF'~ I t:u ~J' • uC (10
",," joe, M"",",p,ieg"'", B'q ,od hm," R, Willi,m, J 'L" ~, :" ~i , ;
Page 14 of 26 : "0 ____ , .... 0
" .... COUrn"i· --
To City:
To: City of South Miami
6130 Sunset Drive
South Miami, Flor ida 33 14 3
Attn: Genaro "Chip" Iglesias, City Manager
cc: City Attorney
City of South Miami
Weiss Serota Helfman Cole & Bierman, P.L.
2800 Ponce de Leon Blvd, Suite 1200
Coral Gables, Florida 33134
Attn: Lillian Arango and Tony Recio, City Attorneys
With copy by email atlarango@wsh-law.comandtrecio@wsh-law.com
or if such notice is addressed in such other way in respect to any of the foregoing parties as that
palty may, from time to time, des ignate in writing, dispa tched as provided in this Section 7.4 . It
sha ll be the duty of the p31iies to advise each other of any change of address and if delivery of a
notice or conununicati on is returned as undeliverable or unclaimed, it shall be deemed delivered
for all purposes as allowed or required by this Agreement.
7.5 Captio ns. The section headings and cap ti ons of this Agreement are for convenience
and reference on ly and in no way define, limit, describe the scope or intent of this
Agreement or any part thereof, or in any way affect this Ag re ement or any part
thereof.
7.6 Cou nt erparts . This Ag ree ment is executed, in counterparts, each of which sha ll be
deemed an original, and such counterp31is shall constitute one and the same
in strument. This Agreement shall become effective only upon executi on and delivelY
of this Agreement by the parties hereto.
7.7 Sovereign Immunity . Nothing in this Agreement sha ll be deemed or otherwise
interpreted as waiving the City's sovere ign inununity protect ions existing under the
laws of th e State of Florida, or as increasing the lim its of li ab ility as set fOlih in
Section 768.28, F lorida Statutes.
7.8 Enti re Agreement. This Agreement and its Exhibits constitute the sole and only
agreement of the pa lii es hereto with respect to the subject matter hereof and correctly
set fOlih the rights, duties, and obligations of each to the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth
in this Agreement are of no fOl:ce o r effect and are merged into this Agreement.
7.9 Amendments. No amendments to this Agreement shall be binding on either palty
unless in writing and signed by both parties . A lthough this Agreement shal~Lifn with',;;.,
the land , amendments, modificati ons or releases of this Agreement sha ll bJ0"~ utual 'J"~~
written agreement between: (a) the City and its successors and assigns fi;"'~'l ch mU ~i ',:,
be a governmental ent ity); and (b) Deve loper or its successors and ass \~ns that are ~;
Page 15 of26 \ • .~
. ' '" 1/
Co: ( '/ \ ' ~
7.10
7.11
7.12
7.13
7.14
expressly de sig nated in writing as receiving the rights and obligations of Developer
under this Agreement ("Express Assigns") (i .e., even if the Propelty is s ubdivided and
more than one (I) owner exists for the Propelty, then amendments to th e De ve lopment
Agreemem shall only be required to be executed by the City and Developer or its
Express Assigns); provided, however, that in the event that any amendment,
modification or release of thi s Agreement materially affects the right s of an owner of
a pOition of the Property, then any amendment to thi s Agreement shall also require
the consent of such property owner. In the event of a modification to the Development
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. If any pOition of th e Property ha s been submitted to the condominium form
of ownership, and an amendment, modification or rele ase of thi s Agreement requires
the consent of the owner of such portion of the Property as provided above, then only
the condominium association thereof s ha ll be required to execute the instrument as
to that pOition of the Property (in lieu and on behalf of the condominium unit owners
thereof).
Waiver. No waiver made by either party with respect to performance, or
maimer or time thereof, of any obligation of the other pmty or any condition to its
own obligation under thi s Agreement shall be considered a waiver of any rights of
the pmtymaking the waiver with respect to the particular obligations of the other
party or condition to its own obligation beyond tho se expressly waived in writing
and to the extent thereof, or a waiver in any re spect in regard to any other rights of
the pmty making the waiver or in regard to any obligation of the other party.
Authorization and Approvals by the City. All reques ts made to the City for action or
approval must be sent to the City Manager and it is the City Manager who must 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 Plarming and
Zoning Board or the Environmental Review and Preservation Board when required
by the City Code or the LDC.
Time is of the Essence. Except as otherwise expressly set fOith herein, time periods
shall be determined on calendar days, provided that if the final date of any period
which is set out in any paragraph of thi s Agreement falls upon a day which is not a
Business Day, then, and in such event, the time of such period will be extended to
the end of the next Business Day. "B us iness Day " means any day that banks in
Miami-Dade County, Florida are open for bus iness, excluding Saturdays and
Sundays. TIME IS OF THE ESSENCE with respect to any date se t forth in thi s
Agreement.
Severability. In the event a ny term or provision of this Agreement is determined by
appropriate judicial authority to be illega l or otherwise invalid , s uch provision shall
be given its nearest le ga l meaning or construed as deleted as such i)\l tl )o ritx,.. .
determines, and the remainder of this Agreement s hall be construed to be i }~ll fQ)'<;:~ ;j"';';::'
and effect. " ' J \ ' 0
Authority. Developer and Owner confirm that each has the full right,'" ~h( a;~~. f ~
Page 16 of 26 ' ~ ... ~'IJ_\;;'\"'"
authority to enter into this Agreement and grant the easements contemplated herein
without need for joinder from any mortgagee or other party .
7.15. Cooperation; Expedited Permitting; and Time is of the Essence. The Pa11ies agree to
cooperate with each other to the full extent practicable pursuant to the terms and conditions of this
Agreement. The City shall use reasonable eff0l1s to expedite the permitting review and approval
process in an effort to assist the Developer in meeting its demolition, development, and construction
completion schedules. To the extent practicable, the City may accommodate requests from the
Developer's agents, representatives, general contractor(s), and subcontractors for simultaneous
review of multiple permitting packages, such as those for site work and foundations, and building
shell, core, and interiors. Notwithstanding the foregoing, the City shall not be obligated to iss ue
development permits to the extent the Developer does not comply with the applicable requirements
of the LDC, development approvals for the Project, the Comprehensive Plan, this Agreement,
applicable building codes, or any other laws, rules, orders, or regulations.
Section 7.23 Conflicts ofInterest: City Representatives Not Individually Liable. No member,
official, representative, or employee of the City has any personal interest, direct or indirect, in this
Agreement, nor will any such member, official, representative or employee participate in any
decision relating to this Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which he or she is, directly or indirectly, interested. No
member, official, elected representative or employee of the City is perso nally liable to Developer or
any successor in interest in the event of any default or breach by the City or for any amount which
may become due to Developer or successor on any obligations under the terms of the Agreement.
[SIGNATURE PAGES TO FOLLOW]
Page 17 of26
IN WITNESS WHEREOF, the parties hereto h ave caused the execution of this
Development Agreement by their duly authorized officials on or before the day and year fir s t above
written.
a 1JI U'U""]
By:
ATTEST:
Nk~~' CMC; City Clerk
Approved as to Form, Language, Legality ,
and Execution thereo .
Tony Recio, City Attorney
State of Florida
Page 18 of26
WTINESSES: MAESTRA SUNSET, LLC,
a Florida limited liability company
B 4q ~,tL ~
PrintName: Th e'" !1t1r'y etD -1),..reg'l er
By: __ O ______ _
Print Name: D«ty frYli 5 /20'5t?o
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of k«physical presence L ff
or [] online notarization, this hi-dayof~ . :2~2.3, by (\i C d~Soo:!Y\~n'o
as (\I\Mll~ of1vfuestra Sunset, L LC a Flonda limited liability company . e She IS [ 1
personally known to me or i')!( who has produc l (j. 'lw'(L, Cf se as identification.
[NOTARIAL SEAL]
.... iif.,~'i;;;:.. JACQUEliNE PORTAL !~r/i;':~:i MY COMMISSION # HH 067894
'·~6·'~i EJ<PIRES: January 22, 2025 "·'7,~r.t.~~t:... BoM6d Pub!lc UnderwTHef1
nnt Name: \J Q-l\
Notary Public, State of Florida
Commission #: ±ttl-0678"1 t '
My Commission Expires : \ ~2..\ ).O).S:
Page 19 of26
EXIllBIT "A"
L eg a l Description
ALL OF TRACT A , LESS THE EAST 118 FEET OF THE NORTH
129 .07 FEET, IN BLOCK 1, AND LOT 3, IN BLOCK 1 , OF
"ROSSWOOD", ACCORDING TO HE PLAT THEREOF , AS
RECORDED IN PLAT BOOK 13 , AT PAGE 62 IN THE PUBLIC
RECORDS OF MiAMI-DADE COUNTY, FLORIDA, LESS THE SOUTH
25 FEET OF SAID BLOCK 1.
Page 20 of 26
EXHIBIT "B"
Special Exception Approval
City of South Miami Resolution No. 118-22-15871
Page 21 of 26
RESOLUTION NO. 118-22-15871
A Resolution pursuant to Section 20-8.9 and other provisions of the City of
South Miami Land Development Code approving by Special Exception a large -
scale development on a 1.6124-acre property located at 6075 Sunset Drive and
as legally described herein.
WHEREAS, the applicant, Sunset-Miami Investments, Inc./Maestra Sunset, llC,
submitted an application requesting a Special Exception approval for a large-Scale Development
for a mixed-use building located at 6075 Sunset Drive; and
WHEREAS, the applicant has submitted a concurrent request to change the zoning from
Transit-Oriented Development District Mixed -Use 5 (TODD MU-5) to Transit-Oriented
Development District M i xed -Use 6 (TODD MU-6); and
WHEREAS, the 1.6124-acre site is identified on the City's maps as 6075 Sunset Drive,
identified by the M i ami -Dade County Property Appraiser as Folio No. 09-4025 -011-0010, and is
described in Exhibit 1 to this reso l ution; and
WHEREAS, the proposed development will provide 316 res idential units and 3,676 sq . ft.
of retail uses in a 10-story building containing 480,086 square feet of floor area ; and
WHEREAS, pursuant to land Development Code (LDe) 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 des ignated as a large-Scale Development and r eviewed by the Planning Board and shall
require approval by the City Commission; and
WHEREAS, at its July 26, 2022, meeting, the Pl anning 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 lDC, and voted six (6) to zero (0) to recommend Approval of the
requested SpeCial Exception ; and
WHEREAS, Section 20-8.9 (C) 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 conSide r appropriate and necessary .
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 existi ng
·or planned surrounding uses .
3. The City Commission shall determ ine the overall compatibility of the develoe
with the ex isting or planned surrounding uses ; and ,~'I,~. CI£Rl( "J-J-
.0 ...
o If}'':;,
~ fo I
Page 1 o f 7 -.~ ''"(:,,0 -. . a"C ~ . -llH,..'
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Cotl Nt"'<, ----.;. .
Res. No. 118-22-15871
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 consi dered
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 .
NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1: The rec itals set forth in this resolut i on are true and they are supported by
competent substantial evidence, and they are Incorporated into th i s resolution by reference as if
set forth in full herein.
Section 2. The application submitted by Sunset-Miami Investments, Inc./Maest r a Sunset,
LLC, requesting a Special Exception for a Large -Scale Development for a mixed-use building
consist ing of residential and retail uses with in the TODD (MU -6) zoning district located at 6075
Sunset Drive, South Miami, Florida , complies with the requirements of 20-8 .9 (C) and (D) and is
hereby approved with the following conditions :
General Conditions
1. The proposed development will be substantially built in accordance w i th the documents
submitted including: Letters of Intent, as amended; Architectural Plans submitted entitled
"6075 Sunset Drive" prepared by MSA Architects, Inc . consisting of 42 Sheets : Cover Sheet
-Re -submittal -08/24/2022; Survey prepared by Leiter, Perez & Associates, Inc. dated
11/01/21 (revised 3/23/22); Context Map prepared by MSA Architects, Inc. dated
02/02/2022 (revised 08/08/2022); Exhibits EX-1, EX -2, EX-3 prepared by MSA Architects
dated 02/02/2022 (revised 08/08/2022); SP-1 prepared by MSA Architects, Inc. dated
02/02/2022 (revised 08/08/2022); Sheets A-2.1-A-2 .11 (Levels 1-10 and Roof Plan)
prepared by MSA Architects, Inc . consisting 11 sheets dated 02/02/2022 (revised
08/08/2022); Sheets A-3 .1-A-3 .5 (Color Building Elevations and Building Section) prepared
by MSA Architects, Inc. consisting 5 sheets dated 02/02/2022 (revised 08/08/2022);
Sheets A-4.1-A-4.4 (Unit Plans) prepared by MSA Architects, Inc. consisting of 4 sheets
dated 02/02/2022 (revised 08/08/2022); Sheets RE-1-RE-3 (Renderings) prepared by MSA
Architects, Inc. consisting of 3 sheets dated 02/02/2022 (revised 08/08/2022); Landscape
Plans prepared by Witkin Hults + Partners consisting of 1 sheet (TD-1) dated 07/01/2022
(rev i sed 08/04/2022), Sheets L-1 -L-2 dated 04/28/2022 (rev ised 08/04/2022), S-:.;.h;;:e ~~ ....
dated 04/28/2022 (revised 08/04/2022), Sheet L-4 dated 07 /01/202 evlSe Ii,.
$' CLERK 1-"
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Page 2 o f 7 or. A ,~,~ U; ,. ",
. "".:: II! S
~... \..;;~
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Res. No. 118-22-15871
08/04/2022) and Statement of Landscape Compliance dated 7/18/2022); Civil Plan{C -1.0),
Signing & Pavement Marking Plan (C-2.0) and Maneuverability Analysis (LD-l.0, LD -2.0,
AT-l.0 and AT-2 .0) prepared by David Plummer & Associates dated 08/05/2022 consisting
of 6 sheets; Photometric Plan (Sheet L-l.l) prepared by EXP dated 07/07/2022; and,
Traffic Study dated April 12, 2022 and updated June 29, 2022 prepared by Ri chard Garcia
& Associates.
2. All documents submitted with this application are to be made part of the record.
3. All off-site improvements required under any approvals shall be completed prior to the
first Certificate of Occupancy unless such deadline Is extended by the City Manager.
4. Any improvements in the Public Right-of-Way shall be approved by the applicable agency
(Florida Department of Transportation (FOOT), Miami-Dade County and/or City of South
Miami).
5. All impact fees shall be paid prior to issuance of building permit.
6. The Applicant shall provide a letter acknowledging compliance with the applicable Level
of Services requirements prior to the issuance of final permit to the property. If any
concurrency approvals expire a re-review shall be required by the appropriate agency.
7. Any changes that increase densities, intensities, or population shall require a new
Concurrency Analysis.
8. Applicant shall submit verification from Miami-Dade County that the proposed new
development has been reviewed and approved for all access management considerations
prior to site plan approval.
9. Flood elevations shall be reviewed and approved for consistency with FEMA requirements
and the City's National Insurance Flood Program Ordinance prior to building permit
approval.
10. The Applicant, and the owner if other than the Applicant, shall comply with applicable
conditions and requirements by Miami-Dade County Public Works Department, Fire
Rescue Department, Department of Regulatory and Economics Resources -Division of
Environmental Management (RER -DERM), and Miami-Dade County Water and Sewer
Department, and FOOT, if any.
11. The Applicant, and the owner if other than the Applicant, shall execute a Large-scale
Development Agreement (Development Agreement) that has been drafted by the City
Attorney in accordance with Section 20-8 .9 and approval by the City Commission.
12. The Applicant, and the owner if other than the Applicant, shall execute and record in the
public records of Miami -Dade County, a Maintenance Covenant, in a form as drafted by
the City Attorney and approved by the City Commission, which complies with the
requirements of Land Development Code Section 20-8.9 and which contains all
commitments made and conditions imposed as part of the approval of the Application.
13 . Applicant, and the owner if other than the Applicant, shall comply with all requirements
set forth In Section 20-8.9 in addition to those set forth in this Resolution unless there is
14.
Page 3 of 7
Res. No. 118-22-15871
projects that are recommended for remedial measures will not be required to submit a
new application unless it is determined by the Department that additional changes which
would have the effect of increasing densities, square footage or altering the height or use
of a Development have been made. Remedial measures may include, but are not limited
to:
i. Additional screening or buffering;
ii. Additional landscaping;
iii. Building orientation;
iv. Relocation of proposed open space, or alteration of the use of such space;
v. Pedestrian and bicycle safety and access;
vi. Changes to Ingress and egress;
vii. Addressing traffic flow to and from the development to avoid intrusion on local
streets in nearby Single-family residential areas; or
viii . Improvement of the streets adjacent to the project, if applicable .
15 . The required bike room and number of bicycle spaces for both residents and the public
must be maintained in perpetuity as a requirement of being granted a Bonus Floor.
16 . The required Plaza must be maintained and open to the public In perpetuity as a
requirement of being granted a Bonus Floor .
17 . Pursuantto Sec. 20-4.3, LDC, Sign Regulations, a Master Signage Plan be submitted, under
separate permit.
18 . An Access Agreement for the plazas must be submitted to the City and approved by the
City Commission.
19. The Applicant must post a Sustalnability Fee Payment Bond or fully pay the Sustain ability
Fee in an amount equal to five Percent (5%) of the construction value per Sec. 20 -8.13
(B)(6)(a), LDe.
20. The Applicant must pay an Art In Public Places fee to the City in an amount set forth in
the City's Code of ordinances before any permit is Issued .
21. The project must obtain Environmental Review and Preservation Board approval prior to
issuance of a Building Permit.
22. The project must meet the requirements of Sec . 20-4.4(G), LDC relating to Electric
Vehicles.
23 . The Application meet the requ i rements of Sec. 20-8 . 13(B), LDC, Green Buildings.
24 . A signed and sealed Stormwater Pollution Prevention Plan must be submitted at the time
of application for a building permit.
25. A signed and sealed Paving, Grading and Drainage Plan be submitted at the time of
application for a building permit.
26 . Preliminary drainage calculations must be submitted to the City's Pub li c Works
Department showing that the site can maintain its required drainage .
27 . All ADA standards and requiremen t s must be met.
28 . All tree grates and sidewalk w i dths must meet ADA requirements.
29 . The column in the site triangle must be addressed to the satisfaction of the Cit before a I~ ,
certificate of Use or Occupancy may be issued. §, 'yo j.U'0 (~(C
Page 4 of 7 !., ~ihU\"" ~~) .~'\. . <:v~y ()l.:·(;OU~:
Res. No. 116-22-15671
30 . The Auto Turn diagram be corrected before the issuance of a building permit.
31. The project must meet the requirements of Sec. 20-8 .4(0) relating to Affordable Housing
including plans for and construction of 32 affordable housing units within the project.
32. A signed and sealed Geotechnical Report confirming concrete sidewalk and pavement
sections and hydraulic conductivity for the soils be submitted at the time of application
for a building permit.
Construction General Conditions
33 . A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant
to the Building and Public Works Departments for approval prior to start of construction.
Access points by construction vehicles shall be provided within the MOT. All construction
vehicles are prohibited from us ing Sunset Drive, unless otherwise approved by the
Department.
34. The Applicant shall 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.
35 . The Applicant shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
36 . A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Applicant at time of building permit.
37. Construction shall only take place Monday through Friday during the hours of 8:00 a.m .
and 5:00 p.m.
landscaping
38. The Applicant shall meet all 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.
39. The property shall be landscaped in accordance with the landscape plan, included with
the site plan submittal .
40. Pursuant to Sec. 20-4 .5, as may be amended, the Applicant shall preserve existing trees
(including native trees) during the development of the project, wherever possible . If the
trees must be removed or relocated, the Applicant shall be required to obtain a tree
removal permit from the City prior to the removal and/or relocation of any tree and
mitigate the impact in accordance with City requirements . If the relocated trees do not
survive, the Applicant shall be requ ired to replace the trees in compliance with City
requirements.
Page 5 of 7
Res. No. 118-22-15871
Environmental
41. The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency
Standards Manual, effective January 2009, as may be amended from time to time.
42. All storm water d.rainage system s, including the stormwater vault under the park, shall b.e
maintained inworking order at all times in ·order to avoid localized flooding during and after
a storm. Park i ng shall be prohibited on top of any drainage inlet or drainage manhole.
Architecture
43 ; Substantial compliance with the apProved plans to include: desig·n, materials, and color
palette, subject to the approval of the Environmental Review and Preservat ion Board.
Section 3, Severability. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional 9Y a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this resolution .
Section 4. Effective Date . This resolut ion shall become effective upon enactment of the
concurrent application submitted by Sunset-Miami Investments, Inc./l'vlaesira Sunset, LLC to change
the zoning from Transit-Oriented Development District Mixed-Use 5 (TODD MU-5) to Transit'
Oriented Development District Mixed-Use 6 (TODD MU-6).
PASSED AND ADOPTED this 6th day of September , 2022.
ATIEST:
CITYCL~K 6
READ AND .APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
~~ ~ ATIORNEY
COMMISSION VOTE:
Mayor Philips :
Commissioner Gil :
Commissioner Harris :
Commissioner Liebman:
Commissioner Corey:
Pag e 6 o f 7
4-1
Yea
Yea
Nay
Yea
Yea
---
Res. No. 118-22-15871
EXHIBIT 1
LEGAL DESCRIPTION
ALL OF TRACT A, LESS THE EAST 118 FEET OF THE NORTH 129.07 FEET, IN BLOCK 1, AND LOT 3,
IN BLOCK 1, OF "ROSSWOOD", ACCORDING TOTHE PLAT THEREOF, AS RECORDED IN PLAT BOOK
13, AT PAGE 62 IN THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, LESS THE SOUTH
25 FEET OF SAID BLOCK 1.
Page 7 of 7
EXHIBIT "C"
Development Sched ule
All time periods pro vi ded below are from the date of final City Commission zo ning approval
unle ss provided otherwise below.
Initiati on of Site Plan review process before the ERPB ................................................. 10 MONTHS
Site Plan review and approval process before the ERPB ............................................... 12 MONTHS
Submittal of B uilding Pelmit Plans ................................................................................ 14 MONTHS
Approva l of Building Penn it Plans / Issuance of Bui lding Permits ............................. 26 MONTHS
Commencement of Construction .................................................................................. 30 MONTHS
The Developer anticipates commencing construction within 3 to 9 months after the issuance of the
building permits.
Complete Project Buildout ............................................................................................ 35 MONTHS
The Developer anticipates completing the buildout of th e Project within 24 to 30 months after the
com mence m en t of co nstr·uction.
The above listed durations are the Developer's best estimate and may be subject to change.
Page 22 of26
1&~'l
, ,
"~I.;' ~
EXHIBIT "D"
Joinder and Consent to Development Agreement
Pa ge 23 of 26
JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT
Sunset-Miami Investments Inc., a Florida for profit corporation, as owner ("Owner") of the
property legally described in Exhibit "A" ("Property"), hereby agrees, joins and consents to this
Development Agreement between Maestra Sunset, LLC, a Florida limited liability company and the
City of South Miami, a Florida municipal corporation (the "Development Agreement").
WITNESSES:
BY~
Print Name: a.~~PA
By: ,~r.(~)
Print Name: SI..-lillic (Qkro
(j
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
OWNER:
SUNSET-MIAMI INVESTMENTS, INC.,
a Florida for profit corporation
BY:~~
Print Name: ;:;.~ s ~~---------------
Title: ~~.s,,-&~ L
Page 24 of26
EXlllBIT II A" OF JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT
Legal Description
ALL OF TRACT · A , LESS THE EAST 118 FEET OF THE NORTH
129.07 FEET, IN BLOCK 1, AND LOT 3, IN BLOCK 1, OF
"ROSSWOOD", ACCORDING TO HE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 13, AT PAGE 62 IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA , LESS THE SOUTH
25 FEET OF SAID BLOCK 1.
Page 25 of26
EXHIBIT "E"
Resolution No. 03S :23-1S!J69
Approval of this Agreement and Rescission of a previous Development Agreement Recorded in
Official Records Book 31141, Pages 4597 -4625 of the Public Records of Miami-Dade County (the
"Alta Sunset, LLC Development Agreement") (without attachments)
Page 26 of26
RESOLUTION NO. 035-23-15969
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT WITH
MAESTRA SUNSET, LLC, FOR THE PROPERTY LOCATED AT 6075 SW 72
STREET, SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION 20-8.9 OF TIlE
LAND DEVELOPMENT REGULATIONS; RESCINDING A PREVIOUS
DEVELOPMENT AGREEMENT FOR THE PROPERTY; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NEW DEVELOPMENT AGREEMENT,
RELEASE AND TERMINATION OF THE PREVIOUS DEVELOPMENT
AGREEMENT, AND ALL OTHER SUPPORTING INSTRUMENTS REQUIRED
BY TIlE LAND DEVELOPMENT REGULATIONS FOR DEVELOPMENT OF
THE PROPERTY; PROVIDING FOR CORRECTIONS; IMPLEMENTATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Sunset Miami Investments, Inc. (the "Owner"), is the owner of property located at
6075 SW 72 Street, South Miami, Florida (the "Property"), and previously entered into a long-term ground
lease for the Property with Alta Sunset, LLC (the "Previous Applicant"), to develop the Property pursuant
to a Special Exception for a Large Scale Development approved by Resolution No. 074-18-15107 (the
"Previous Approval"); and
WHEREAS, 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
WHEREAS, in furtherance of the Previous Approval and consistent with LDC requirements, the
Previous Applicant entered into a Development Agreement dated September 13, 2018 (the "Previous
Development Agreement") with the City that was approved by Resolution No. 168-18-1520 I and recorded
in Official Records Book 31141 at Page 4597 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, the Previous Applicant's interest in the Property ceased and the Owner entered into
a long term ground lease with Maestra Sunset, LLC (the "Applicant") to develop the Property pursuant to
a Special Exception for a Large Scale Development approved by Resolution No. 118-2215871 (the "Current
Approval") for a project consisting of up to 316 residential units, 3,676 square feet of retail space, 1,353
square feet of leasing office space (collectively, the "Project"); and
WHEREAS, the Applicant seeks to enter into a new Development Agreement, in substantially the
form attached in Exhibit "A," to govern development ofthe 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 Mayor and City Commission, having held a public hearing on April 4, 2023, find
that the Previous Approval and Previous Development Agreement are unnecessary given the Current
Approval and the New Development Agreement, and should be rescinded effective on the date the New
Development Agreement is recorded; and
WHEREAS, the City Commission further finds that the New Development AgreemeJ)t-eets the
requirements of Section 20-8.9(C), (I) and (J) of the LDC, and wishes to (i) approve the Ne~J<'j ~vllllp';;ent
Agreement, (ii) rescind the Previous Approval and Previous Development Agreement effecf ~r%n tite d\at)\~)
Page 10f3 " \
Res. No. 035-23-15969
the New Development Agreement is recorded, and (iii) authorize the City Manager to finalize and execute
the New Development Agreement in substantially the fonn attached as Exhibit "A," the and.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
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 applicable requirements of finds that the New Development Agreement meets the requirements
of Section 20·8.9(C), (I) and (J) of the LDC.
Section 2. Annroval. The City Commission hereby approves the New Development
Agreement in substantially the form attached as Exhibit "A."
Section 3. Rescission. The City Commission hereby rescinds the Previous Approval and
Previous Development Agreement effective on the date the New Development Agreement is recorded, and
the Owner, the Previous Applicant, and the Applicant, are released from any obligations thereunder.
Section 4. Authorization. The City Commission hereby authorizes the Manager to finalize
and execute (i) the New Development Agreement in substantially the form attached as Exhibit "A," (ii) the
Release and Termination of the Previous Development Agreement in substantially the form attached as
Exhibit "B," and (iii) additional instruments required under Section 20·8.9(1) and (J) of the LDC for
development of the Project on the Property.
Section 5. COrl'ections. Conform ing language or technical scrivener·type corrections may be
made by the City Attorney for any conform ing amendments to be incorporated into the final Resolution for
signature.
Section 6. Implcmcntation. That the City Manager is authorized to execute any required
documentation or take any action that is reasonably necessary to implement the purpose of this Resolution.
Section 7. Severability. In the event any portion or section of this Resolution is determined
to 'be invalid, illegal or unconstitutional by a court or agency of competent jurisdiction, such decision shall
in no way affect the remaining portions of this Resolution, which shall remain full force and effect.
Section 8.
adoption .
Effective Date. TI)is Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~ day of April, 2023 .
ATTEST: APPROVED :
Page 20f3
Res. No. 035-23-15969
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
~
CITY ATTORNEY
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Corey:
Commissioner Calle:
Commissioner Liebman:
Page30f3
4-0
Yea
Yea
Yea
Yea
Absent
ADDENDUM TO THE DEVELOPMENT AGREEMENT
TIDS ADDENDUM T~HE DEVELOPMENT AGREEMENT (the "Addendum") is
entered into this 11-day of 1:'51= ,2023, by and between the City of South Miami
(the "City"), Maestra Sunset, LLC, a Florida limited liability company (the "Developer"), Alta
Sunset LLC ("Alta Sunset") and Sunset Miami Investments., Inc, a Florida corporation (the
"Owner"). The City, Developer, Alta Sunset and Owner are collectively addressed as the "Parties."
WITNESSETH:
WHEREAS, the Owner is the property owner of the property located at 6075 SW 72
Street, South Miami, Florida, as described in Exhibit "A" (the "Property"), and previously entered
into a long-term ground lease for the Property (the "Ground Lease") with Alta Sunset, to develop
the Property pursuant to a Special Exception for a Large Scale Development approved by
Resolution No. 074-18-15107 (the "Previous Approval");
WHEREAS, 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;
WHEREAS, in furtherance of the Previous Approval and consistent with LDC
requirements, Alta Sunset entered into a Development Agreement dated September 13,2018 (the
"Alta Development Agreement") with the City that was approved by Resolution No. 168-18-
15201; and recorded 27 in Official Records Book 31141 at Page 4597 of the Public Records of
Miami-Dade County, Florida;
WHEREAS, Alta Sunset has entered into an agreement to sell and assign its interests in
the Ground Lease to the Developer;
WHEREAS, Alta Sunset, as Seller and Maestra Sunset, LLC, as Buyer, are parties to
that certain Purchase and Sale Agreement dated March 8, 2021, as amended by that certain (i) First
Amendment to Purchase and Sale Agreement dated December 28,2021, (ii) Second Amendment
to Purchase and Sale Agreement dated December 29, 2022; and (iii) that celtain Third Amendment
to Purchase and Sale Agreement dated on or about the date hereo f (collectively, the "Purchase
Agreement");
WHEREAS, Owner and Developer have agreed to develop the Property pursuant to a
Special Exception for a Large Scale Development approved by Resolution No. 118 -22 15871 (the
"Maestra Sunset Approval") for a project consisting of up to 316 residential units, 3,676 square
feet of retail space, 1,353 square feet ofleasing office space (collectively, the "Project");
WHEREAS, on April 4, 2023, the City Commission authorized the City Manager t9 enter
into a new Development Agreement with the Developer and the Owner memoriali . ~ th @L!~rtns "
and conditions of the Project's approvals through a new Development Agreement (t~;y.'~aestr~' .
Sunset Development Agreement"), as evidenced by Resolution No. 035-23-15969 rd [ ) )~
\ ' ,', ,/,j,
''J .-
', .... :<.;.~
(00381023 ,DOCX v ,2)
WHEREAS, the Parties desire to enter into an addendum to the Maestra SWlset
Development Agreement in order to allow Alta Sunset and Developer to submit, process and
prepare all applications, plans, specifications, permits and approvals, and related information and
documents as may be required prior to the Developer closing on Alta Sunset's interest in the
Ground Lease.
NOW, THEREFORE, for the covenants and considerations herein contained and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. Temporary Assumption of the Developer's Duties and Responsibilities: Alta
Sunset agrees to assume all duties and responsibilities of the Developer under the
Maestra Sunset . Development Agreement until such time that the Purchase
Agreement is completed and Alta Sunset's interest and obligations under the
Ground Lease are assigned to Developer. Alta Sunset's assumption of Developer 's
obligations under the Maestra Sunset Development Agreement shall continue until
such time as Owner and Developer notify the City in writing of the Developer
closing on the assignment of the Ground Lease. However, notwithstanding
anything herein to the contrary, in the event the Purchase Agreement is terminated
for any reason, including by mutual consent of the parties or by judicial order, the
Maestra Sunset Development Agreement shall automatically terminate, and all
administrative or public hearing approvals granting development rights under the
Development Agreement shall be void and of no effect on the development of the
Property. Additionally, if the building permit for the Project has not been issued
by May 1,2024, (the "Building Permit Expiration Date" as defined in the Ground
Lease), the Owner may terminate and declare null and void the Development
Agreement. In the event the Purchase Agreement is terminated as described above
or the Owner terminates and declares null the Development Agreement as described
in this paragraph, the City reserves the right to consider and enact legislation
effectuating and memorializing the termination, rescission, and revocation of the
Previous Approval, Maestra Sunset Approval, Alta Development Agreement , and
Maestra Sunset Development Agreement, and the Owner, Developer, and Alta
Sunset waive any objection to any City action consistent with this paragraph I.
2. No Other Modification: Except as specifically modified by this Addendum under
paragraph I, each and every other telm and condition of the Maestra Sunset
Development Agreement shall remain unchanged and in full force and effect
without modification.
(00381023.DOCX v .2)
#224947483vl
[Signatllre Pages to Follow]
2
IN WITNESS WHEREOF, the Parties have executed this Addendum to the New
Development Agreement as of the date fIrst written above.
ATTEST:
Nke~~e , CMC, City Clerk
Approved as to Form, Language, Legality,
and Execution t~eoj
{00381023.DOCX v.2}
#224947483vl
By:_~
3
Jliam:i, Florida,
rn"rati"n ofthe of Florida
WITNESSES: ALTA SUNSET, LLC,
a Florida limited liability company
Print Name : ~'b/MNID
By : OttU1~ Mil i-Title: __ M_~-,---,-.lr---,---~_~_--==-__
Print Name: ~ .¢?!. =
STAT E OF FLORIDA )
) ss :
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of [.r:hysical presence
or ( ] online notarization, this .3 I day of lt12gug, , 2023, by
RA\ M"..,QpfrJWas IYg /Vq 1~'C" of Alta Sunset, LLC , a Florida limited liability
company. He/She IS [ I..--r personally known to me or [ ] who has produced
as identification. ---------------------
[NO TARIAL SEAL]
~~yPlJ8. ~o •••• '0 JOCELYN FERRADAS ~~: Commisslon#HH421882
..,-",1' OF f\.O<f' ExpIres July 26, 2027
WITNESSES : MAESTRA SUNSET, LLC,
By: ~t AIIl) ~ [J1t]1 (
Print Name : N(OI",~ d1dh~
By: Ukdo Uj,q
Print Name: ~M2~
(00381023.DOCX v.2)
#224947483v'
4
a Florida limited liability company
DY~~~C~
Print Name: t\\ WO\btr) wro~~ ~
~
STATE OF FLORIDA )
) ss :
COUNTY OF MIAMI-DADE )
The foregoin g inshument was acknowled ge d before 'me by means of ~YSiC a l presence
or [ ] online notarization , this .3, day of Au,tJ}$ I , 2023, by
I-/P/q, ~fI{AferVdPs MD...~ltf~'" of Maestra Sunset, LLC, a Florida limited liability
company. He/She is [,;yo personally known to me or [ ] who has produc ed
____________ as identification.
[NOTARIAL SEAL]
{00381023.DOCX v.2}
#224947483v1
JOCELYN FERRADAS
Commission # HH 421882
Expires July 26, 2027
t:~iitMttr:;k5
otary bliC, State ofFlorida
Commission #: H If ~ 2!. L rs"e-z..
My Commission Expires: ::rp6/ "Pt:!) ~
5
WITNESSES:
BY:.Jr. ~O
Print Name : SyIV/g cOter/)
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI -DADE )
OWNER:
SUNSET MIAMI INVESTMENTS, INC.,
a Florida for profit corporati n
Print Name: h --.H. Sc -L
Title : __ ---'--~-'-r-=.;==:e.f ________ _
The foregoing instrument was acknowledReg before me by me::s of p(physical presence
or [ 1 online notarization this ..:J.~ day of d V('r/:;T , 2023, by
/Gn(EiW ;::;CROO , as ~12":2 of Sun se t Miami Inve stment s, Inc., a Florida for
profit corporation. He /She is J?iS perso nally known to me or [ 1 who has produced
"id~tifi~ti~~
[NOTARIAL SEAL 1 Pnnt Na me: G evil (do funk q oe>" & q
Notarv,,g\:lblic",,~tate of Florida ~-..~\ t"V-\Nlfi ,! ~(I
(00381023 .DOCX v.2)
#224947483v l
C~)£lOn'lf.r(jJi"'. H Ii 3 / <{ 0 ¥ 3 M'$~r?,.<i~i ~~~~~}¥es: I • Cl 0 -~o 0l.1 {0:/~' . \. \
~ ! MY COMMI SSION i I
~ \ EXPIRES 1·21)-2021 J J
;; ~. ~/~I :~Cb\U"h ~' .. o~.§
\/f,'i:':,1J't OF f\.C«:'·';'~# ";'<:;~\lsi~:··""··":;;'~~,,,s-*
"':"1;. ViiI Nu rtiS"'~~,\\\\'Ii '~,'JI!{fI Ulmtn\l\\'
6
EXIllBIT "A"
Legal Description
OR BK 33 88 4 PG 4884
LA ST PAGE
ALL OF TRACT A, LESS THE EAST 118 FEET OF THE NORTH
129.07 FEET, IN BLOCK 1, AND LOT 3, IN BLOCK 1, OF
"ROSSWQOD", ACCORDING TO HE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 13, AT PAGE 62 IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE SOUTH
25 FEET OF SAID BLOCK 1.
(00381023.DOCX v.2)
#224947483vl
7
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: April 4, 2023
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
DEVELOPMENT AGREEMENT WITH MAESTRA SUNSET, LLC, FOR THE PROPERTY LOCATED AT 6075
SW 72 STREET, SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION 20-8.9 OF THE LAND DEVELOPMENT
REGULATIONS; RESCINDING A PREVIOUS DEVELOPMENT AGREEMENT FOR THE PROPERTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEW DEVELOPMENT AGREEMENT, RELEASE
AND TERMINATION OF THE PREVIOUS DEVELOPMENT AGREEMENT, AND ALL OTHER SUPPORTING
INSTRUMENTS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS FOR DEVELOPMENT OF THE
PROPERTY; PROVIDING FOR CORRECTIONS; IMPLEMENTATION; SEVERABILITY; AND AN EFFECTIVE
DATE. 3/5 (CITY ATTORNEY-PLANNING DEPT.)
Suggested Action:
Attachments:
CC-DevAgree_Maestro_Staff_Report_04042023.docx
4688681-Resolution Approving Development Agreement and Authorizing Manager to Sign and Rescinding Previous
Development Agreement.DOCX
4688689-Exhibit A to Reso -- Maestra Sunset LLC - Development Agreement with the City of South Miami - 6075
Sunset - Special Exception - 3-28-23.DOCX
Exhibit B to Reso -- Draft Relesase and Termination of Development Agreement - Maestra Sunset, LLC - City of South
Miami - 3-29-.docx
4688697-Exhibit B to Development Agreement - Resolution Approving Large Scale Development.PDF
Res No 168-18-15201.pdf
Previous Development Agreement.pdf
1
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:April 4, 2023
SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA APPROVING A DEVELOPMENT A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING A
DEVELOPMENT AGREEMENT WITH MAESTRA SUNSET,LLC,FOR THE PROPERTY
LOCATED AT 6075 SW 72 STREET,SOUTH MIAMI,FLORIDA,PURSUANT TO
SECTION 20-8.9 OF THE LAND DEVELOPMENT REGULATIONS;RESCINDING A
PREVIOUS DEVELOPMENT AGREEMENT FOR THE PROPERTY;AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NEW DEVELOPMENT AGREEMENT,RELEASE
AND TERMINATION OF THE PREVIOUS DEVELOPMENT AGREEMENT,AND ALL
OTHER SUPPORTING INSTRUMENTS REQUIRED BY THE LAND DEVELOPMENT
REGULATIONS FOR DEVELOPMENT OF THE PROPERTY
RECOMMENDATION:
It is recommended that the Mayor and City Commission consider the proposed Development Agreement
submitted by adoption of the attached Resolution.
BACKGROUND
On September 13,2018, the City Commission approved an eight (8) story mixed-use building located at
6075 Sunset Drive on 1.6124 acres with 203 residential units, 2,441 square feet of commercial space,
3,678 square feet of restaurant space, and 314 parking spaces. The project developer,Alta Sunset, LLC.,
entered into a Development Agreement with the City of South Miami.
On September 6, 2022,the City Commission of South Miami adopted Resolution 118-22-15871, approving
a Special Exception for a new Large-Scale Development for a mixed-use building. The applicant submitted
a concurrent request to change the zoning from Transit-Oriented Development District Mixed-Use 5
(TODD (MU-5)) to Transit-Oriented Development District Mixed-Use 6 (TODD (MU-6)). The proposed
development will provide 316 residential units, and 3,676 square feet of retail uses in a 10-story building
containing 480,086 square feet of floor area.Thirty-two of the units shall be affordable.
The applicant is requesting that the City authorize the City Manager to execute a new Development
Agreement and release and terminate the previous development agreement.
ANALYSIS
Sunset-Miami Investments, Inc. (the “Owner”), is the owner of property located at 6075 SW 72 Street,
South Miami, Florida (the “Property”), and previously entered into a long-term ground lease for the
Property with Alta Sunset, LLC (the “Previous Applicant”), to develop the Property pursuant to a Special
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City of South Miami
Sunset-Miami Investments, Inc.
Development Agreement
April 4, 2023
Page 2 of 7
Exception for a Large Scale Development approved by Resolution No. 074-18-15107 (the “Previous
Approval”).
Pursuant to Section 20-8.9(C) of the Land Development Code, a Development Agreement is required in
connection with a Large Scale Development approval.
In furtherance of the Previous Approval and consistent with LDC requirements, the Previous Applicant
entered into a Development Agreement dated September 13, 2018 (the “Previous Development
Agreement”) with the City that was approved by Resolution No. 168-18-15201.
The Previous Applicant’s interest in the Property ceased and the Owner entered into a long term ground
lease with Maestra Sunset, LLC (the “Applicant”) to develop the Property pursuant to a Special Exception
for a Large Scale Development, which was approved by Resolution No. 118-2215871 (the “Current
Approval”) for a project consisting of up to 316 residential units, 3,676 square feet of retail space, 1,353
square feet of leasing office space (collectively, the “Project”).
The Applicant seeks to enter into a new Development Agreement, in substantially the form attached in
Exhibit “A,” to govern development of the Project on the Property (the “New Development Agreement”).
The New Development Agreement will be supported by additional instruments required under Section
20-8.9(I) and (J) of the LDC.
RECOMMENDATION:
Staff has reviewed the Development Agreement and recommends that the City Commission find that the
New Development Agreement meets the requirements of Section 20-8.9(C), (I) and (J) of the LDC, and
wishes to (i) approve the New Development Agreement, (ii) rescind the Previous Approval and Previous
Development Agreement effective on the date the New Development Agreement is recorded, and (iii)
authorize the City Manager to finalize and execute the New Development Agreement in substantially the
form in the attached Exhibit “A.”
Attachments:
1. Resolution Approving Development Agreement
2. Exhibit “A”
3. Exhibit “B”
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RESOLUTION NO. 168-18-15201
A Resolution and Notice of Intent to consider a Development Agreement
and to authorize the City Manager to enter into such agreement with Alta
Sunset D&welepmeot LLC for a large-scale mixed-use development located
at 6075 SW 72 nd Street, South Miami, Florida, with 203 residential units,
proposed building intensities of 2,441 square feet of commercial space and
3,678 square feet of restaurant, proposed population densities of 499
people, a parking garage and a proposed height of 100 feet; a copy of the
proposed agreement is available in the City Clerk's office.
WHEREAS, Alta Developers, LLC, submitted an application (number PB-17-033)
requesting a Special Exception approval for a Large-Scale Development for a mixed-use
building located at 6075 SW 72nd Street; and
WHEREAS, the applicant also submitted requested to change the zoning of the
northern portion of the site from TODD (MU-4) to TODD (MV-5) and for a Variance to
reduce the number of required parking spaces; and
WHEREAS, the site consists of 1.611 acres and the proposed development will consist
of 203 residential units, 2,441 square feet of commercial space, and 3,678 square feet of
restaurant; and
WHEREAS, the development is a Large-Scale Development; and
WHEREAS, at its December 12, 2017 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 LDC, and voted four (4) to two (2) to recommend
approval of the requested Special Exception; and
WHEREAS, at the April 3, 2018 Commission meeting the City Commission approved
the Special Exception for the large-scale development, with conditions; and
WHEREAS, Section 20-8.9 provides that a developer of a large-scale development
must enter into a Development Agreement with the City in a form approved by the City
Attorney and including all of the conditions required for the granting of the special exception
("Development Agreement"); and
WHEREAS, the City Attorney has drafted a Development Agreement that
incorporated all of the Special Exception conditions and that has been approved by the
developer. A copy of which is attached as Exhibit "A"; and
WHEREAS, the Section 20-8.9 requires that the Development Agreement comply with
Florida Statutory requirements for development agreements which requires two public
hearings.
Page 1 of2
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RESOLUTION NO. 168-18-15201
A Resolution and Notice of Intent to consider a Development Agreement
and to authorize the City Manager to enter into such agreement with Alta
Sunset Dtwelepmeot LLC for a large-scale mixed-use development located
at 6075 SW 72 nd Street, South Miami, Florida, with 203 residential units,
proposed building intensities of 2,441 square feet of commercial space and
3,678 square feet of restaurant, proposed population densities of 499
people, a parking garage and a proposed height of 100 feet; a copy of the
proposed agreement is available in the City Clerk's office.
WHEREAS, Alta Developers, LLC, submitted an application (number PB-17-033)
requesting a Special Exception approval for a Large-Scale Development for a mixed-use
building located at 6075 SW 72nd Street; and
WHEREAS, the applicant also submitted requested to change the zoning of the
northern portion of the site from TODD (MU-4) to TODD (MV-5) and for a Variance to
reduce the number of required parking spaces; and
WHEREAS, the site consists of 1.611 acres and the proposed development will consist
of 203 residential units, 2,441 square feet of commercial space, and 3,678 square feet of
restaurant; and
WHEREAS, the development is a Large-Scale Development; and
WHEREAS, at its December 12, 2017 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 LDC, and voted four (4) to two (2) to recommend
approval of the requested Special Exception; and
WHEREAS, at the April 3, 2018 Commission meeting the City Commission approved
the Special Exception for the large-scale development, with conditions; and
WHEREAS, Section 20-8.9 provides that a developer of a large-scale development
must enter into a Development Agreement with the City in a form approved by the City
Attorney and including all of the conditions required for the granting of the special exception
("Development Agreement"); and
WHEREAS, the City Attorney has drafted a Development Agreement that
incorporated all of the Special Exception conditions and that has been approved by the
developer. A copy of which is attached as Exhibit "A"; and
WHEREAS, the Section 20-8.9 requires that the Development Agreement comply with
Florida Statutory requirements for development agreements which requires two public
hearings.
Page 1 of2
Resolution No. 168-18-15201
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA :
Section 1. The Development Agreement, attached as Exhibit" A" between the City of
South Miami, Florida, and Alta Development, LLC pertaining to the construction of a mixed-
use project is hereby approved.
Section 2 . The day, time, and place at which the second public hearing will be held
shall be announced at the first pub li c he aring.
Section 3. Severability. If any sec tion clause, sentence , or phrase of this reso lution is
for any reason held invalid or unconstitutional by a court of competent juri sdiction, the holding
shall not affect the validity of th e remaining portions of this re so lution.
Section 4 . Effective Date. This resolution shal l become effective immediately upon
adoption.
PASSED AND ADOPTED this 4th day of September, 2018.
ATTEST:
READ AND COMMISSION VOTE: 5-0
~XAN~GOU1n5fJ~~. Mayor Stoddard: Yea
Vice Mayor Harri s: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 2 of 2
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Resolution No. 168-18-15201
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Development Agreement, attached as Exhibit" A" between the City of
South Miami, Florida, and Alta Development, LLC pertaining to the construction of a mixed-
use project is hereby approved.
Section 2. The day , time, and place at which the second public hearing will be held
shall be announced at the first public hearing .
Section 3 . 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
shall not affect the validity of the remaining portions of this resolution.
Section 4 . Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 4th day of September, 2018.
A~
i4A R
ATTEST:
READ AND COMMISS ION VOTE: 5-0
~XAN~GOU~5t~~. Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 2 of 2
DEVELOPMENT AGREEMENT
Between
AL T A SUNSET, LLC. ,a
Florida limited liability company
and
CITY OF SOUTH MIAMI, a
Florida municipal corporation
DATEDASOF ~(' &20 lL.
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DEVELOPMENT AGREEMENT
Between
ALTA SUNSET, LLC. ,a
Florida limited liability company
and
CITY OF SOUTH MIAMI, a
Florida municipal corporation
DATEDASOF ~(' &20JL
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is executed as of this lo-flt
day of ~Y-,20 ~, by and between the CITY OF SOUTH MIAMI, -'a '--"FI=-or-id-a
municipal corporation ("City") and, Alta Sunset, LLC, a Florida limited liability company
("Developer").
RECITALS:
A. Developer has entered into a long-term ground lease for the Property more
particularly described in Exhibit A attached hereto (the "Property").
B. Developer has applied to the City Commission for approval of a Special
Exception to allow a project within the TODD (MU-5) of more than 40,000 square feet,
consisting of 203 residential units, 2,441 square feet of commercial space and 3,678 square feet
of restaurant at the Property (the "Project") pursuant to Section 20-8.9 of the City'S Land
Development Code ("LDC").
C. The City has found that the development permitted or proposed is consistent with
the local government's comprehensive plan and land development regulations;
D. Section 20-8.9 of the City's LDC requires a Development Agreement to be
entered into with respect to the Property which grants celiain assurances regarding the
construction, operation and maintenance of the proposed Project.
E. 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.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Developer hereby mutually covenant and agree as
follows:
ARTICLE I. EXHIBITS, DEFINITIONS, AND FURTHER ASSURANCES
Section 1.1 Exhibits. Attached hereto and forming a part of this Agreement are the
following Exhibits 1:
Exhibit A Legal Description of Property
Exhibit B Special Exception Approval,
City of South Miami Resolution No. 074-18-15107
Exhibit C Development Schedule
Exhibit D Permits required for the Project.
I To the extent that any exhibit is in conflict with the language and terms of the Agreement, the
language and terms of the Agreement shall govern.
Page 2 of27
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is executed as of this lo{lt
day of ~rr+:er ,20~, by and between the CITY OF SOUTH MIAMI, a Florida
municipal corporation ("City") and, Alta Sunset, LLC, a Florida limited liability company
("Developer").
RECITALS:
A. Developer has entered into a long-term ground lease for the Property more
particularly described in Exhibit A attached hereto (the "Property").
B. Developer has applied to the City Commission for approval of a Special
Exception to allow a project within the TODD (MU-5) of more than 40,000 square feet,
consisting of 203 residential units, 2,441 square feet of commercial space and 3,678 square feet
of restaurant at the Property (the "Project") pursuant to Section 20-8.9 of the City's Land
Development Code ("LDC").
C . The City has found that the development permitted or proposed is consistent with
the local government's comprehensive plan and land development regulations;
D. Section 20-8.9 of the City 's LDC requires a Development Agreement to be
entered into with respect to the Property which grants celiain assurances regarding the
construction, operation and maintenance of the proposed Project.
E. 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.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Developer hereby mutually covenant and agree as
follows:
ARTICLE I. EXHIBITS, DEFINITIONS, AND FURTHER ASSURANCES
Section 1.1 Exhibits . Attached hereto and forming a part of this Agreement are the
following Exhibits I:
Exhibit A Legal Description of Prope11y
Exhibit B Special Exception Approval,
City of South Miami Resolution No . 074-18-15107
Exhibit C Development Schedule
Exhibit D Permits required for the Project.
I To the extent that any exhibit is in conflict with the language and terms of the Agreement, the
language and terms of the Agreement shall govern.
Page 2 of27
Section 1.2 Defined Terms. In addition to other terms defined in this Agreement, as used
herein the term:
"Acceptable Operator" is defined m the Standards of Operation for each project
component.
"Affiliate" or "affiliate" means with respect to any Person (i) any Person directly or
indirectly controlling, controlled by or under common control with such Person (ii) any officer,
director, general partner, member; manager or trustee of such Person or (iii) any Person who is
an officer, director, general partner, member, manager or trustee of any Person described in
clauses (i) or (ii) of this sentence. For purposes of this definition, the terms "controlling,"
"controlled by" or "under common control with" shall mean the possession, direct or indirect, of
the power to direct or cause the direction ofthe management and policies of a Person or entity,
whether through the ownership of voting securities, by contract or otherwise, or the power to
elect at least fifty percent (50%) of the directors, managers, general partners, or persons
exercising similar authority with respect to such Person. For purposes hereofthe term "Person"
shall mean any legal entity, (including corporations and limited liability company), any
association of individuals or business entities, any trust (including business trust, real estate
investment trust, common law trust, or other trust), any partnership (including general
partnership, limited partnership, limited liability limited partnership, limited liability
partnership), joint venture, or two or more persons or entities (or any combination thereof and
the estates of any of those individuals) having a joint or common economic interest, or any
individual (or estate of such individual).
"Agreement", means this Development Agreement, as the same may be modified or
amended from time to time.
"Applicant", means the person who applied for a special exception approval of the
Project.
"City" unless otherwise specified or required by the context, means the City of South
Miami.
" City Manager" means the City Manager of the City of South Miami.
"Completion Date" means that date of substantial completion as defined by Section 20-
8.9 of the LDC.
"Developer" means Alta Developers, LLC, the long term ground lessee of the Property,
with express consent from Sunset-Miami Investment, Inc., a Florida corporation, the Owner of
the Property.
"Developer Improvements" consists of the improvements contemplated to be constructed
by Developer pursuant to the Regulatory Plans.
"Event of Default" has the meaning ascribed to it in Section 3.3.
"Lender" means any lender, and any successor, assignee, transferee or designee of such
Page 3 of27
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Section 1.2 Defined Terms. In addition to other terms defined in this Agreement, as used
herein the term:
"Acceptable Operator" is defined m the Standards of Operation for each project
component.
"Affiliate" or "affiliate" means with respect to any Person (i) any Person directly or
indirectly controlling, controlled by or under common control with such Person (ii) any officer,
director, general partner, member; manager or trustee of such Person or (iii) any Person who is
an officer, director, general partner, member, manager or trustee of any Person described in
clauses (i) or (ii) of this sentence. For purposes of this definition, the terms "controlling,"
"controlled by" or "under common control with" shall mean the possession, direct or indirect, of
the power to direct or cause the direction ofthe management and policies of a Person or entity,
whether through the ownership of voting securities, by contract or otherwise, or the power to
elect at least fifty percent (50%) of the directors, managers, general partners, or persons
exercising similar authority with respect to such Person. For purposes hereofthe term "Person"
shall mean any legal entity, (including corporations and limited liability company), any
association of individuals or business entities, any trust (including business trust, real estate
investment trust, common law trust, or other trust), any partnership (including general
partnership, limited partnership, limited liability limited partnership, limited liability
partnership), joint venture, or two or more persons or entities (or any combination thereof and
the estates of any of those individuals) having a joint or common economic interest, or any
individual (or estate of such individual).
"Agreement", means this Development Agreement, as the same may be modified or
amended from time to time.
"Applicant", means the person who applied for a special exception approval of the
Project.
"City" unless otherwise specified or required by the context, means the City of South
Miami.
" City Manager" means the City Manager of the City of South Miami.
"Completion Date" means that date of substantial completion as defined by Section 20-
8.9 of the LDC.
"Developer" means Alta Developers, LLC, the long term ground lessee of the Property,
with express consent from Sunset-Miami Investment, Inc., a Florida corporation, the Owner of
the Property.
"Developer Improvements" consists of the improvements contemplated to be constructed
by Developer pursuant to the Regulatory Plans.
"Event of Default" has the meaning ascribed to it in Section 3.3.
"Lender" means any lender, and any successor, assignee, transferee or designee of such
Page 3 of27
lender, which provides financing, secured or unsecured, in connection with the Project, which
shall include, without limitation, any mortgagee.
"Project" shall mean the improvements developed by Developer on the Property pursuant
to the Regulatory Plans.
"Regulatory Plans" shall have meaning set forth in Section 2.1.
"Section", "Subsection", "Paragraph", "Subparagraph", "Clause", or "Subclause"
followed by a number or letter means the section, subsection, paragraph, subparagraph, clause
or subclause of this Agreement so designated.
Section 1.3 Approvals and Consents. Wherever in this Agreement the approval or consent
of any party is required, it is understood and agreed that, except as otherwise specified, such
approval or consent will not be unreasonably withheld or delayed.
Section 1.4 General Conditions
1.4.1. Any development of the property will be in substantial compliance with the
documents submitted including: Letter of Intent from Ines Marrero-Priegues dated August 11,
2017; Application Book consisting of a survey prepared by Fortun, Leavy, Skiles, Inc. dated
7/27117; Renderings dated 9120117 (Sheets R-1.0 through R-1.2), Site Photographs (Sheets CP-
1.0 and CP-2.0); a Zoning Chart dated 8111117 (Sheet A-0.1) a site plan data sheet (A-I.OO); Floor
and Roof Plans (Sheets A-LOa through 1.07); building elevations (Sheets A-2.01 and A-2.02); a
building section drawing (Sheet A-3.01); and Planter Details (Sheet A-4.0) all signed and sealed
by Roberto Behar (9-20-17); and a Tree Disposition Plan dated 1011 0/17 (Sheet TD-1) and
landscape plans (Sheets L-1 through L-4) dated 8/8117 prepared by Witkin Hults Design Group;
and a Traffic Impact Study and Parking Study both prepared by Richard Garcia &
Associates.1.4.2. All documents submitted with application for Special Exception are to be
made part of this Agreement.
1.4.2. All documents submitted with this application are to be made part of the record.
1.4.3. Any improvements in the Public Right-of-Way shall be approved by the applicable
agency (FDOT, Miami-Dade County andlor City of South Miami).
1.4.4. All impact fees shall be paid prior to issuance of building permit.
1.4.5. The Developer shall provide a letter acknowledging compliance with the applicable
Level of Services requirements prior to the issuance of final permit to the property. If any
concurrency approvals expire a re-review shall be required by the appropriate agency.
1.4.6. Any changes that increase densities, intensities or population shall require a new
Concurrency Analysis.
1.4.7. Developer shall submit verification from Miami-Dade County that the proposed
new development has been reviewed and approved for all access management considerations
prior to site plan approval.
1.4.8. Flood elevations shall be reviewed and approved for consistency with FEMA
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59
lender, which provides financing, secured or unsecured, in connection with the Project, which
shall include, without limitation, any mortgagee.
"Project" shall mean the improvements developed by Developer on the Property pursuant
to the Regulatory Plans.
"Regulatory Plans" shall have meaning set forth in Section 2.1.
"Section", "Subsection", "Paragraph", "Subparagraph", "Clause", or "Subclause"
followed by a number or letter means the section, subsection, paragraph, subparagraph, clause
or subclause of this Agreement so designated.
Section 1.3 Approvals and Consents. Wherever in this Agreement the approval or consent
of any party is required, it is understood and agreed that, except as otherwise specified, such
approval or consent will not be unreasonably withheld or delayed.
Section 1.4 General Conditions
1.4.1. Any development of the property will be in substantial compliance with the
documents submitted including: Letter of Intent from Ines Marrero-Priegues dated August 11,
2017; Application Book consisting of a survey prepared by Fortun, Leavy, Skiles, Inc. dated
7/27117; Renderings dated 9120117 (Sheets R-1.0 through R-1.2), Site Photographs (Sheets CP-
1.0 and CP-2.0); a Zoning Chart dated 8111117 (Sheet A-0.1) a site plan data sheet (A-I.OO); Floor
and Roof Plans (Sheets A-LOa through 1.07); building elevations (Sheets A-2.01 and A-2.02); a
building section drawing (Sheet A-3.01); and Planter Details (Sheet A-4.0) all signed and sealed
by Roberto Behar (9-20-17); and a Tree Disposition Plan dated 1011 0/17 (Sheet TD-1) and
landscape plans (Sheets L-1 through L-4) dated 8/8117 prepared by Witkin Hults Design Group;
and a Traffic Impact Study and Parking Study both prepared by Richard Garcia &
Associates.1.4.2. All documents submitted with application for Special Exception are to be
made part of this Agreement.
1.4.2. All documents submitted with this application are to be made part of the record.
1.4.3. Any improvements in the Public Right-of-Way shall be approved by the applicable
agency (FDOT, Miami-Dade County andlor City of South Miami).
1.4.4. All impact fees shall be paid prior to issuance of building permit.
1.4.5. The Developer shall provide a letter acknowledging compliance with the applicable
Level of Services requirements prior to the issuance of final permit to the property. If any
concurrency approvals expire a re-review shall be required by the appropriate agency.
1.4.6. Any changes that increase densities, intensities or population shall require a new
Concurrency Analysis.
1.4.7. Developer shall submit verification from Miami-Dade County that the proposed
new development has been reviewed and approved for all access management considerations
prior to site plan approval.
1.4.8. Flood elevations shall be reviewed and approved for consistency with FEMA
Page 4 of27
requirements and the City's National Insurance Flood Program Ordinance prior to building
permit approval.
1.4.9. The Developer shall comply with applicable conditions and requirements by
Miami-Dade County Public Works Department, Fire Rescue Department, Department of
Regulatory and Economics Resources -DERM (DRER), Miami-Dade County Water and Sewer
Department, and FDOT.
1.4.10. The Developer shall execute and record in the public records of Miami-Dade
County, a Development Agreement and a Maintenance Covenant, in a form approved by the City
Commission and City Attorney, which complies with the requirements of Land Development
Code Section 20-8.9.
1.4.11. The Developer shall execute and record in the public records of Miami-Dade
County, a restrictive covenant, in a form approved by and subject to the review and approval of
the City Manager and City Attorney, which contains all commitments made and conditions
imposed as part of the approval of the Applications.
Construction General Conditions
1.4.12. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the
Applicant to the Public Works Departments for approval prior to start of construction. Access
points by construction vehicles shall be provided within the MOT.
1.4.13. The Developer shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
1.4.14. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Developer at time of building permit.
1.4.15. Construction shall only take place Monday through Friday during the hours of 8:00
a.m. and 5:00 p.m. or in accordance with Section 7-16 of the City of South Miami Code of
Ordinances, whichever is more restrictive.
Landscaping
1.4.16. The Developer shall 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.
1.4.17. The property shall be landscaped in accordance with the landscape plan, included
with the site plan submittal, and approved by the Environmental Review and Preservation Board.
1.4.18. Pursuant to Sec. 20-4.5 and 20-4.5.1, as may be amended, the Developer shall
provide mitigation for all trees to be removed in accordance with City requirements.
Environmental
1.4.19. The Developer shall meet the requirements of the Miami-Dade County Water-Use
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60
requirements and the City's National Insurance Flood Program Ordinance prior to building
permit approval.
1.4.9. The Developer shall comply with applicable conditions and requirements by
Miami-Dade County Public Works Department, Fire Rescue Department, Department of
Regulatory and Economics Resources -DERM (DRER), Miami-Dade County Water and Sewer
Department, and FDOT.
1.4.10. The Developer shall execute and record in the public records of Miami-Dade
County, a Development Agreement and a Maintenance Covenant, in a form approved by the City
Commission and City Attorney, which complies with the requirements of Land Development
Code Section 20-8.9.
1.4.11. The Developer shall execute and record in the public records of Miami-Dade
County, a restrictive covenant, in a form approved by and subject to the review and approval of
the City Manager and City Attorney, which contains all commitments made and conditions
imposed as part of the approval of the Applications.
Construction General Conditions
1.4.12. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the
Applicant to the Public Works Departments for approval prior to start of construction. Access
points by construction vehicles shall be provided within the MOT.
1.4.13. The Developer shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction.
1.4.14. A Construction, Demolition and Materials Management Plan (CDMMP) must be
submitted by the Developer at time of building permit.
1.4.15. Construction shall only take place Monday through Friday during the hours of 8:00
a.m. and 5:00 p.m. or in accordance with Section 7-16 of the City of South Miami Code of
Ordinances, whichever is more restrictive.
Landscaping
1.4.16. The Developer shall 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.
1.4.17. The property shall be landscaped in accordance with the landscape plan, included
with the site plan submittal, and approved by the Environmental Review and Preservation Board.
1.4.18. Pursuant to Sec. 20-4.5 and 20-4.5.1, as may be amended, the Developer shall
provide mitigation for all trees to be removed in accordance with City requirements.
Environmental
1.4.19. The Developer shall meet the requirements of the Miami-Dade County Water-Use
Page 5 of27
Efficiency Standards Manual, effective January 2009, as may be amended from time to time.
1.4.20. All storm water drainage systems shall be maintained in working order at all times
to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any
drainage inlet or drainage manhole.
Architecture
1.4.21. Final approval of all plans must be obtained from the Environmental Review and
Preservation Board, as required by Code.
Miscellaneous conditions
1.4.22. Developer shall comply with all requirements set forth in Section 20-8.9 in addition
to those set forth in the Resolution approving the Special Exception granting the development of
the Project unless there is a conflict, in which event Section 20-8.9 shall take precedent. A copy
of the Resolution is attached as Exhibit C to this Agreement.
1.4.23 If during the review process it is determined that the development, as proposed, will
potentially cause adverse impact, the Planning Department shall recommend remedial measures
to eliminate or reduce, to the extent possible, these impacts. Development projects that are
recommended for remedial measures will not be required to submit a new application unless it
is determined by the Department that additional changes which would have the effect of
increasing densities, square footage or altering the height or use of a Development have been
made. Remedial measures may include, but are not limited to:
1.4.13.1 Additional screening or buffering;
1.4.13.2 Additional landscaping;
1.4.13.3 Building orientation;
1.4.13.4 Relocation of proposed open space, or alteration of the use of such space;
1.4.13.5 Pedestrian and bicycle safety and access;
1.4.13.6 Changes to ingress and egress;
1.4.13.7 Addressing traffic flow to and from the development to avoid intrusion
on local streets in nearby single family residential areas; or
1.4.13.8 Improvement of the streets adjacent to the project, if applicable.
ARTICLE II.
Section 2.1 Development Plans: Developer and the City acknowledge and agree that the
Property shall be developed in substantial conformance with the architectural plans prepared by
Behar Font, Architects, entitled "6075 Sunset Drive", and signed and sealed by Robert Behar
on 9/20/2017, and the landscaping plans dated 8/8/17 and tree disposition plan dated 10/1 0117
both prepared by Witkin Hults Design Group, as the same may be amended, with the approval
of the City Commission, from time to time (collectively, the "Regulatory Plans") and the terms
and conditions of this Agreement; it being agreed that any amendments to the Regulatory Plans
shall comply with the City'S process for amending a site plan.
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Efficiency Standards Manual, effective January 2009, as may be amended from time to time.
1.4.20. All storm water drainage systems shall be maintained in working order at all times
to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any
drainage inlet or drainage manhole.
Architecture
1.4.21. Final approval of all plans must be obtained from the Environmental Review and
Preservation Board, as required by Code.
Miscellaneous conditions
1.4.22. Developer shall comply with all requirements set forth in Section 20-8.9 in addition
to those set forth in the Resolution approving the Special Exception granting the development of
the Project unless there is a conflict, in which event Section 20-8.9 shall take precedent. A copy
of the Resolution is attached as Exhibit C to this Agreement.
1.4.23 If during the review process it is determined that the development, as proposed, will
potentially cause adverse impact, the Planning Department shall recommend remedial measures
to eliminate or reduce, to the extent possible, these impacts. Development projects that are
recommended for remedial measures will not be required to submit a new application unless it
is determined by the Department that additional changes which would have the effect of
increasing densities, square footage or altering the height or use of a Development have been
made. Remedial measures may include, but are not limited to:
1.4.13.1 Additional screening or buffering;
1.4.13.2 Additional landscaping;
1.4.13.3 Building orientation;
1.4.13.4 Relocation of proposed open space, or alteration of the use of such space;
1.4.13.5 Pedestrian and bicycle safety and access;
1.4.13.6 Changes to ingress and egress;
1.4.13.7 Addressing traffic flow to and from the development to avoid intrusion
on local streets in nearby single family residential areas; or
1.4.13.8 Improvement of the streets adjacent to the project, if applicable.
ARTICLE II.
Section 2.1 Development Plans: Developer and the City acknowledge and agree that the
Property shall be developed in substantial conformance with the architectural plans prepared by
Behar Font, Architects, entitled "6075 Sunset Drive", and signed and sealed by Robert Behar
on 9/20/2017, and the landscaping plans dated 8/8/17 and tree disposition plan dated 10/1 0117
both prepared by Witkin Hults Design Group, as the same may be amended, with the approval
of the City Commission, from time to time (collectively, the "Regulatory Plans") and the terms
and conditions of this Agreement; it being agreed that any amendments to the Regulatory Plans
shall comply with the City'S process for amending a site plan.
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Section 2.2 Uses. The following uses shall be permitted on the Property. No single use
in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000) square feet,
except residential uses (See LDC Section 20-8.9(F)).
2.2.1 The Commercial space, consisting of 3,678 square feet of restaurant and 2,441
square feet of retail uses, will be located on the ground floor of the Sunset Drive fayade, and
wrap around the corner of the building to also face onto SW 61st Avenue.
2.2.2 A total of 203 residential units shall be located on the upper levels of the building
and the ground floor level of the northern portion of the building. The unit mix consists of
townhomes, studios, and one, two, and three-bedroom units of varying sizes as follows:
BREAKDOWN OF RESIDENTIAL UNITS
Unit Type Number Average Unit Mix
of Units Size (SF) (%)
1 Bedroom 102 738 50%
2 Bedrooms 72 1,077 35
3 Bedrooms 8 1,433 4
Studio 14 566 7
Townhomes 7 931 3
UNIT 203 100 TOTAL
2.2.3 Six of the townhome units shall be located on the ground floor adjacent to
SW 7pt Street and the seventh adjacent 6pt Avenue. These units shall be accessed from
both the ground floor parking area and from the right-of-way.
2.2.4 Tenant amenities shall include a dog park, pool deck, and common areas shall
be provided on the upper levels of the building.
2.2.5 A total of 303 on-site parking spaces shall be provided to serve the building.
Access to the parking garage is obtained via SW 71 5t Street and parking makes up the
second through fifth levels of the northern portion of the building. Ground-level parking
and loading areas are accessed via 61 5t Avenue.
2.2.6 The building shall be a maximum of eight (8) stories in height along Sunset
Drive and step down to fifty-two (52) feet along 7pt Street.
Section 2.3 Development Schedule. It is currently contemplated by Developer that the
Property shall be developed in accordance with the time frames set forth on Exhibit B attached
hereto.
Section 2.4 Public Open Spaces. All public open spaces indicated on the Regulatory Plans
(the "Public Open Spaces") will be open to the public in perpetuity, subject to (a) closures
required from time to time for replacement and repair and (b) reasonable limitations on hours of
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62
Section 2.2 Uses. The following uses shall be permitted on the Property. No single use
in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000) square feet,
except residential uses (See LDC Section 20-8.9(F)).
2.2.1 The Commercial space, consisting of 3,678 square feet of restaurant and 2,441
square feet of retail uses, will be located on the ground floor of the Sunset Drive fayade, and
wrap around the corner of the building to also face onto SW 61st Avenue.
2.2.2 A total of 203 residential units shall be located on the upper levels of the building
and the ground floor level of the northern portion of the building. The unit mix consists of
townhomes, studios, and one, two, and three-bedroom units of varying sizes as follows:
BREAKDOWN OF RESIDENTIAL UNITS
Unit Type Number Average Unit Mix
of Units Size (SF) (%)
1 Bedroom 102 738 50%
2 Bedrooms 72 1,077 35
3 Bedrooms 8 1,433 4
Studio 14 566 7
Townhomes 7 931 3
UNIT 203 100 TOTAL
2.2.3 Six of the townhome units shall be located on the ground floor adjacent to
SW 7pt Street and the seventh adjacent 6pt Avenue. These units shall be accessed from
both the ground floor parking area and from the right-of-way.
2.2.4 Tenant amenities shall include a dog park, pool deck, and common areas shall
be provided on the upper levels of the building.
2.2.5 A total of 303 on-site parking spaces shall be provided to serve the building.
Access to the parking garage is obtained via SW 71 5t Street and parking makes up the
second through fifth levels of the northern portion of the building. Ground-level parking
and loading areas are accessed via 61 5t Avenue.
2.2.6 The building shall be a maximum of eight (8) stories in height along Sunset
Drive and step down to fifty-two (52) feet along 7pt Street.
Section 2.3 Development Schedule. It is currently contemplated by Developer that the
Property shall be developed in accordance with the time frames set forth on Exhibit B attached
hereto.
Section 2.4 Public Open Spaces. All public open spaces indicated on the Regulatory Plans
(the "Public Open Spaces") will be open to the public in perpetuity, subject to (a) closures
required from time to time for replacement and repair and (b) reasonable limitations on hours of
Page 7 of27
operation as established by Developer from time to time. The Public Open Spaces will be
maintained by Developer at a level of quality equal to or higher than City's standards for
municipal public open spaces in effect on the date hereof.
Section 2.5 Parking. Parking shall be provided as set forth above and pursuant to the
Regulatory Plans. A minimum of 203 of the on-site parking spaces will be designated for the
203 residential units within the Project. Residential parking decals and parking cards will be
issued to residents for the vehicle to be parked in the residential parking area, which shall be
segregated from the commercial/visitor parking area by a card only access mechanical gate. A
minimum of one decal shall be issued to each residential unit.
ARTICLE III. LAND USES
Section 3.1 Land Uses. Developer and the City agree, for themselves and their
successors and assigns, during the term of this Agreement, to devote the Property and Developer
Improvements only to the uses specified in this Agreement and to be bound by and comply with
all of the provisions and conditions of this Agreement.
Section 3.2 Character and Operation Standards of Property and Developer
Improvements. The parties recognize and acknowledge that the manner in which the Project is
developed, operated and maintained are matters of critical concern 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, regulations, codes or ordinances. To help accomplish this result,
Developer will establish such reasonable rules and regulations governing the use and operation
of the Project and by tenants therein as Developer shall deem necessary or desirable in order to
assure the level of quality and character of operation of the Project required herein, and
Developer will use all reasonable efforts to enforce such rules and regulations. However,
nothing contained herein 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.
Section 3.3 Failure-Performance of Covenants.
3.3.1 In the event the Developer fails to perform in accordance with or to comply with
any of the covenants, conditions and agreements which are to be performed or complied with by
the Developer in this Agreement ("a 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 Owner may request an extension of
time from the City Commission which shall be granted ("Extended Cure Period") upon
presentation of substantial competent evidence establishing the Owner'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, whichever is greater, such failure shall constitute an Event of Default and
a fine shall be assessed against the owner in the amount of one hundred fifty dollars ($150.00),
or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in
default thereafter.
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63
operation as established by Developer from time to time. The Public Open Spaces will be
maintained by Developer at a level of quality equal to or higher than City's standards for
municipal public open spaces in effect on the date hereof.
Section 2.5 Parking. Parking shall be provided as set forth above and pursuant to the
Regulatory Plans. A minimum of 203 of the on-site parking spaces will be designated for the
203 residential units within the Project. Residential parking decals and parking cards will be
issued to residents for the vehicle to be parked in the residential parking area, which shall be
segregated from the commercial/visitor parking area by a card only access mechanical gate. A
minimum of one decal shall be issued to each residential unit.
ARTICLE III. LAND USES
Section 3.1 Land Uses. Developer and the City agree, for themselves and their
successors and assigns, during the term of this Agreement, to devote the Property and Developer
Improvements only to the uses specified in this Agreement and to be bound by and comply with
all of the provisions and conditions of this Agreement.
Section 3.2 Character and Operation Standards of Property and Developer
Improvements. The parties recognize and acknowledge that the manner in which the Project is
developed, operated and maintained are matters of critical concern 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, regulations, codes or ordinances. To help accomplish this result,
Developer will establish such reasonable rules and regulations governing the use and operation
of the Project and by tenants therein as Developer shall deem necessary or desirable in order to
assure the level of quality and character of operation of the Project required herein, and
Developer will use all reasonable efforts to enforce such rules and regulations. However,
nothing contained herein 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.
Section 3.3 Failure-Performance of Covenants.
3.3.1 In the event the Developer fails to perform in accordance with or to comply with
any of the covenants, conditions and agreements which are to be performed or complied with by
the Developer in this Agreement ("a 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 Owner may request an extension of
time from the City Commission which shall be granted ("Extended Cure Period") upon
presentation of substantial competent evidence establishing the Owner'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, whichever is greater, such failure shall constitute an Event of Default and
a fine shall be assessed against the owner in the amount of one hundred fifty dollars ($150.00),
or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in
default thereafter.
Page 8 of27
3.3.2 In the event that a fine is assessed against the Developer, or the City incurs any
expense towards curing the default, the City shall have the right to file a lien, or a continuing
special assessment lien, as may be applicable, against the property and file a lien foreclose action
for the full amount of money incurred by the City for said expense as well as for any fine that
has been assessed. The City'S lien shall be perfected upon being recorded in the land records in
Miami-Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad
valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims
in, to, or against the land in question, unless in conflict with state statutes or Miami-Dade County
code.
3.3.3 The City shall have the right to proceed against the Developer to collect the above-
described costs and expenses without resorting to a lien and/or lien foreclosure. The City's
remedies shall include all those available in law or in equity, including injunctive relief. The
exercise of one available remedy shall not be deemed a waiver of any other available remedy.
Section 3.4 Unavoidable Delay or Force Majeure. Notwithstanding any of the provisions
of this Agreement to the contrary, and except as provided herein, neither the City nor Developer,
as the case may be, nor any successor in interest, shall be considered in breach of or in default
of any of its obligations, including, but not limited to, the preparation of the Property for
development, or the beginning and completion of construction of the Developer Improvements
or the Offsite Improvements, if any, or progress in respect thereto, in the event of unavoidable
delay in the performance of such obligations due to strikes, lockouts, acts of God, unusual delay
in obtaining or inability to obtain labor or materials due to governmental restrictions, enemy
action, civil commotion, fire, hurricane, sabotage, unavoidable casualty or other similar causes
beyond the reasonable control of a party (not including such party's insolvency or financial
condition or anything that causes a default in any Project financing or difficulty in obtaining
financing), and the applicable time period shall be extended for the period of unavoidable delay;
provided, however, with respect to any unavoidable delay that results in any damage to the
Developer Improvements or the Offsite Improvements, if any, the time periods shall be extended
for the following periods of time: (i) the time period from the date of the event causing the
unavoidable delay through and including the date the Developer receives the insurance proceeds
related to such damage, and (ii) following receipt of the insurance proceeds, the reasonable time
period which is needed for Developer to restore the Developer Improvements or Offsite
Improvements, if any, to the condition which existed immediately preceding the event causing
the unavoidable delay.
Section 3.5 Obligations, Rights and Remedies Cumulative. The rights, remedies and
privileges of the parties to this Agreement, whether provided by law or by this Agreement, shall
be cumulative, and the exercise by either party of anyone or more of such remedies shall neither
be deemed to constitute an election of remedies, nor shall it preclude the party exercising such
other additional rights, remedies or privileges, or from exercising at the same or different times,
of any other such remedies for the same default or breach, or of any of its remedies for any other
default or breach by the other party. No waiver made by either party with respect to performance,
or manner or time thereof, of any obligation of the other party or any condition to its own
obligation under this Agreement shall be considered a waiver of any rights of the party making
the waiver with respect to the particular obligations of the other party or condition to its own
obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any
respect in regard to any other rights of the party making the waiver or in regard to any obligation
Page 9 of27
64
3.3.2 In the event that a fine is assessed against the Developer, or the City incurs any
expense towards curing the default, the City shall have the right to file a lien, or a continuing
special assessment lien, as may be applicable, against the property and file a lien foreclose action
for the full amount of money incurred by the City for said expense as well as for any fine that
has been assessed. The City'S lien shall be perfected upon being recorded in the land records in
Miami-Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad
valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims
in, to, or against the land in question, unless in conflict with state statutes or Miami-Dade County
code.
3.3.3 The City shall have the right to proceed against the Developer to collect the above-
described costs and expenses without resorting to a lien and/or lien foreclosure. The City's
remedies shall include all those available in law or in equity, including injunctive relief. The
exercise of one available remedy shall not be deemed a waiver of any other available remedy.
Section 3.4 Unavoidable Delay or Force Majeure. Notwithstanding any of the provisions
of this Agreement to the contrary, and except as provided herein, neither the City nor Developer,
as the case may be, nor any successor in interest, shall be considered in breach of or in default
of any of its obligations, including, but not limited to, the preparation of the Property for
development, or the beginning and completion of construction of the Developer Improvements
or the Offsite Improvements, if any, or progress in respect thereto, in the event of unavoidable
delay in the performance of such obligations due to strikes, lockouts, acts of God, unusual delay
in obtaining or inability to obtain labor or materials due to governmental restrictions, enemy
action, civil commotion, fire, hurricane, sabotage, unavoidable casualty or other similar causes
beyond the reasonable control of a party (not including such party's insolvency or financial
condition or anything that causes a default in any Project financing or difficulty in obtaining
financing), and the applicable time period shall be extended for the period of unavoidable delay;
provided, however, with respect to any unavoidable delay that results in any damage to the
Developer Improvements or the Offsite Improvements, if any, the time periods shall be extended
for the following periods of time: (i) the time period from the date of the event causing the
unavoidable delay through and including the date the Developer receives the insurance proceeds
related to such damage, and (ii) following receipt of the insurance proceeds, the reasonable time
period which is needed for Developer to restore the Developer Improvements or Offsite
Improvements, if any, to the condition which existed immediately preceding the event causing
the unavoidable delay.
Section 3.5 Obligations, Rights and Remedies Cumulative. The rights, remedies and
privileges of the parties to this Agreement, whether provided by law or by this Agreement, shall
be cumulative, and the exercise by either party of anyone or more of such remedies shall neither
be deemed to constitute an election of remedies, nor shall it preclude the party exercising such
other additional rights, remedies or privileges, or from exercising at the same or different times,
of any other such remedies for the same default or breach, or of any of its remedies for any other
default or breach by the other party. No waiver made by either party with respect to performance,
or manner or time thereof, of any obligation of the other party or any condition to its own
obligation under this Agreement shall be considered a waiver of any rights of the party making
the waiver with respect to the particular obligations of the other party or condition to its own
obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any
respect in regard to any other rights of the party making the waiver or in regard to any obligation
Page 9 of27
of the other party. No waiver shall be implied by the acts or omissions of any of the agents,
officers, directors or employees of the parties to this Agreement. In the event of a violation of
the Development Agreement, 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 declaration of restrictive covenants in lieu of unity
of title are complied with.
Section 3.6 Waiver of Jury Trial. City and Developer knowingly, irrevocably
voluntarily and intentionally waive any right either may have to a trial by jury in state or federal
court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the
this Development Agreement.
ARTICLE IV. RESTRICTIVE COVENANTS.
Section 4.1 Use Prohibitions of the Property and Developer Improvements. The
Property shall not be used by Developer nor shall Developer permit the use of same for the
following: Any unlawful or illegal business, use or purpose, or for any business, use or purpose
which is immoral or disreputable (including without limitation "adult entertainment
establishments" and "adult" bookstores) or extra-hazardous, or in such manner as to constitute
a nuisance of any kind (public or private), or for any purpose or in any way in violation of the
certificates of occupancy (or other similar approvals of applicable governmental authorities) or
of rules, regulations, ordinances or laws applicable to the Property.
Section 4.2 No Discrimination.
4.2.1 No covenant, agreement, lease, conveyance or other instrument concerning the
sale, lease, use or occupancy of the Property and Developer Improvements or any portion thereof
shall be effected or executed by Developer, or any of its successors or assigns, whereby the
Property and Developer Improvements or any portion thereof is restricted by Developer, or any
successor in interest, upon the basis of race, color, religion, sex, national origin, or handicap.
Developer will comply with all applicable state and local laws, in effect from time to time,
prohibiting discrimination or segregation by reason of race, color, religion, sex, national origin,
or handicap in the sale, lease, use or occupancy of the Property and Developer Improvements or
any portion thereof. Furthermore, Developer agrees to make accommodations for the
handicapped as required by law and that no otherwise qualified handicapped individual 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 Property and Developer Improvements or be subjected
to discrimination under any program or activity allowed under this Agreement except as
permitted by law.
4.2.2 Anything in Section 3.3 hereof to the contrary notwithstanding, if the City
believes that a default has occurred because of a failure by Developer, its successors or assigns
or any subsequent owner or occupant (i.e. a tenant under a residential lease or a retail lease ) to
comply with the terms of this Section 4.2, it may send to Developer and/or occupant a written
notice of intent to declare a default because of such failure (the "Pre-Default Notice"). The Pre-
Default Notice is not a declaration of a default hereunder. If Developer and/or occupant, after
Page 10 of27
65
of the other party. No waiver shall be implied by the acts or omissions of any of the agents,
officers, directors or employees of the parties to this Agreement. In the event of a violation of
the Development Agreement, 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 declaration of restrictive covenants in lieu of unity
of title are complied with.
Section 3.6 Waiver of Jury Trial. City and Developer knowingly, irrevocably
voluntarily and intentionally waive any right either may have to a trial by jury in state or federal
court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the
this Development Agreement.
ARTICLE IV. RESTRICTIVE COVENANTS.
Section 4.1 Use Prohibitions of the Property and Developer Improvements. The
Property shall not be used by Developer nor shall Developer permit the use of same for the
following: Any unlawful or illegal business, use or purpose, or for any business, use or purpose
which is immoral or disreputable (including without limitation "adult entertainment
establishments" and "adult" bookstores) or extra-hazardous, or in such manner as to constitute
a nuisance of any kind (public or private), or for any purpose or in any way in violation of the
certificates of occupancy (or other similar approvals of applicable governmental authorities) or
of rules, regulations, ordinances or laws applicable to the Property.
Section 4.2 No Discrimination.
4.2.1 No covenant, agreement, lease, conveyance or other instrument concerning the
sale, lease, use or occupancy of the Property and Developer Improvements or any portion thereof
shall be effected or executed by Developer, or any of its successors or assigns, whereby the
Property and Developer Improvements or any portion thereof is restricted by Developer, or any
successor in interest, upon the basis of race, color, religion, sex, national origin, or handicap.
Developer will comply with all applicable state and local laws, in effect from time to time,
prohibiting discrimination or segregation by reason of race, color, religion, sex, national origin,
or handicap in the sale, lease, use or occupancy of the Property and Developer Improvements or
any portion thereof. Furthermore, Developer agrees to make accommodations for the
handicapped as required by law and that no otherwise qualified handicapped individual 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 Property and Developer Improvements or be subjected
to discrimination under any program or activity allowed under this Agreement except as
permitted by law.
4.2.2 Anything in Section 3.3 hereof to the contrary notwithstanding, if the City
believes that a default has occurred because of a failure by Developer, its successors or assigns
or any subsequent owner or occupant (i.e. a tenant under a residential lease or a retail lease ) to
comply with the terms of this Section 4.2, it may send to Developer and/or occupant a written
notice of intent to declare a default because of such failure (the "Pre-Default Notice"). The Pre-
Default Notice is not a declaration of a default hereunder. If Developer and/or occupant, after
Page 10 of27
reviewing the Pre-Default Notice (which shall specify the respects in which the City contends
that such a failure should be considered a default), believes that such a failure is not a default
under this Section 4.2, Developer and/or occupant, shall within ten (10) days of receipt of such
Pre-Default Notice, advise the City of such determination (which shall specify the respects in
which Developer and/or occupant contends that such a failure should not be considered a
default under this Section 4.2). If the City is not satisfied with the response, then the City may
declare an Event of Default under this Agreement.
ARTICLE V. SIGNS
Section 5.5 Regulation. All Project signs shall be subject to the requirements of
applicable federal, state, or local rules, orders, regulations, laws, statutes, or ordinances.
ARTICLE VI. PUBLIC OPEN SPACE
Section 6. Events in and Around Public Open Spaces. From time to time, the Developer
may sponsor or similarly partner with organizations to hold temporary events in and around the
Public Open Spaces. In advance of a temporary event, the Developer shall submit an application
to the City consistent with the requirements contained in the City Land Development Code and
Code of ordi F[; +: t ~n::tle~mi ri ~p;;~ ~ ~
~ r:: vv;t' 1 ~ {) ~~....---.
1ff
Page 11 of27
66
reviewing the Pre-Default Notice (which shall specify the respects in which the City contends
that such a failure should be considered a default), believes that such a failure is not a default
under this Section 4 .2, Developer and/or occupant, shall within ten (10) days of receipt of such
Pr e-Default Notice , advise the City of such determination (which shall specify the respects in
which Developer and/or occupant contends that such a failure should not be considered a
default under this Section 4 .2). If the City is not satisfied with the response, then the City may
declare an Event of Default under this Agreement.
ARTICLE V. SIGNS
Section 5.5 Regulation. All Project signs shall be subject to the requirements of
applicable federal, state, or local rules , orders, regulations , laws, statutes , or ordinances.
ARTICLE VI. PUBLIC OPEN SPACE
Section 6. Events in and Around Public Open Spaces. From time to time, the Developer
may sponsor or similarly partner with organizations to hold temporary events in and around the
Public Open Spaces . In advance of a temporary event, the Developer shall submit an application
to the City consistent with the requirements contained in the City Land Development Code and
Code of ordif\; +;~ t ~n::tle:i Li ;p;;~ ~ ~
~ t: vv{' 1 ~ qJ ~~....-----..
1ff
Page 11 of 27
ARTICLE VII. MISCELLANEOUS PROVISIONS
Section 7.1 No Partnership or Joint Venture. It is mutually understood and agreed that
nothing contained in this Agreement is intended or shall be cORstrued in any manner or under
any circumstances whatsoever as creating or establishing the relationship of co-partners, or
creating or establishing the relationship ofajoint venture between the City and Developer, or as
constituting Developer as the agent or representative of the City for any purpose or in any manner
whatsoever.
Section 7.2 Recording, Documentary Stamps. A memorandum of this Agreement, in
form mutually satisfactory to the parties, may be recorded by either party among the Land
Records of Miami-Dade County, State of Florida, and either party may cause any modification
or addition to this Agreement to be so recorded, and the cost of any such recordation shall be
paid in full by Developer.
Section 7.3 Florida and Local Laws Prevail. This Agreement shall be governed by the
laws of the State of Florida. This Agreement is subject to and shall 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
shall not affect the terms and provisions of this Agreement (i) unless uniformly applicable to
property similarly situated with the Property and Developer Improvements; provided, however,
to the extent Developer would otherwise be grandfathered or not subject to such ordinances if
this Agreement did not exist, Developer shall not be subject to such ordinances or (ii) if the same
shall impair 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
shall be resolved in favor of the latter. If any term, covenant, or condition of this Agreement or
the application thereof to any person or circumstances shall to any extent, be illegal, invalid, or
unenforceable because of present or future laws or any rule or regulation of any governmental
body or entity or becomes unenforceable because of judicial construction, the remaining terms,
covenants and conditions of this Agreement, or application of such term, covenant or condition
to persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby and each term, covenant, or condition of this Agreement shall be valid
and be enforced to the fullest extent permitted by law. Contemporaneously with the execution of
this Agreement, the City Attorney shall deliver an opinion to Developer opining that the
execution and delivery hereof by the City is in compliance with the Charter and ordinances of
the City of South Miami.
Section 7.4 Conflicts of Interest: City Representatives Not Individually Liable. No
member, official, representative, or employee of the City or the City Manager shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, official,
representative or employee participate in any decision relating to this Agreement which affects
his or her personal interest or the interest of any corporation, partnership or association in which
he or she is, directly or indirectly, interested. No member, official, elected representative or
employee of the City or the City Manager shall 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.
Page 12 of27
67
ARTICLE VII. MISCELLANEOUS PROVISIONS
Section 7.1 No Partnership or Joint Venture. It is mutually understood and agreed that
nothing contained in this Agreement is intended or shall be cORstrued in any manner or under
any circumstances whatsoever as creating or establishing the relationship of co-partners, or
creating or establishing the relationship ofajoint venture between the City and Developer, or as
constituting Developer as the agent or representative of the City for any purpose or in any manner
whatsoever.
Section 7.2 Recording, Documentary Stamps. A memorandum of this Agreement, in
form mutually satisfactory to the parties, may be recorded by either party among the Land
Records of Miami-Dade County, State of Florida, and either party may cause any modification
or addition to this Agreement to be so recorded, and the cost of any such recordation shall be
paid in full by Developer.
Section 7.3 Florida and Local Laws Prevail. This Agreement shall be governed by the
laws of the State of Florida. This Agreement is subject to and shall 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
shall not affect the terms and provisions of this Agreement (i) unless uniformly applicable to
property similarly situated with the Property and Developer Improvements; provided, however,
to the extent Developer would otherwise be grandfathered or not subject to such ordinances if
this Agreement did not exist, Developer shall not be subject to such ordinances or (ii) if the same
shall impair 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
shall be resolved in favor of the latter. If any term, covenant, or condition of this Agreement or
the application thereof to any person or circumstances shall to any extent, be illegal, invalid, or
unenforceable because of present or future laws or any rule or regulation of any governmental
body or entity or becomes unenforceable because of judicial construction, the remaining terms,
covenants and conditions of this Agreement, or application of such term, covenant or condition
to persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby and each term, covenant, or condition of this Agreement shall be valid
and be enforced to the fullest extent permitted by law. Contemporaneously with the execution of
this Agreement, the City Attorney shall deliver an opinion to Developer opining that the
execution and delivery hereof by the City is in compliance with the Charter and ordinances of
the City of South Miami.
Section 7.4 Conflicts of Interest: City Representatives Not Individually Liable. No
member, official, representative, or employee of the City or the City Manager shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, official,
representative or employee participate in any decision relating to this Agreement which affects
his or her personal interest or the interest of any corporation, partnership or association in which
he or she is, directly or indirectly, interested. No member, official, elected representative or
employee of the City or the City Manager shall 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.
Page 12 of27
Section 7.5 Notice. A notice or communication, under this Agreement by the City, on
the one hand, to Developer, or, on the other, by Developer to the City shall be sufficiently given
or delivered if dispatched by hand delivery or, by nationally recognized overnight courier
providing receipts, or by registered or certified mail, postage prepaid, return receipt requested
to:
7.5 .1 Developer. In the case of a notice or communication to Developer if addressed
as follows :
To: ALTA SUNSET, LLC
2950 S.W . 27th Avenue, Suite 220
Miami , FL 33133 .
Attn: Henry Pino
cc: Holland & Knight, LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Attn: Ines Marrero-Priegues, Esq.
7.5.2 City. In the case of a notice or communication to the City, if addressed as
follows:
To: City of South Miami I ~ vYLCCtY1~ ~p
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
cc: City Attorney
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Attorney.
or if such notice is addressed in such other way in respect to any of the foregoing parties as that
party may, from time to time, designate in writing, dispatched as provided in this Section 5.5. It
shall be the duty of the parties to advise each other of any change of address and if delivery of a
notice or communication is returned as undeliverable or unclaimed, it shall be deemed delivered
for all purposes as allowed or required by this Agreement.
Section 7.6 Titles of Articles and Sections. Any titles of the several parts, Articles and
Sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 7.7 Counterparts. This Agreement is executed, in counterparts, each of which
shall be deemed an original, and such counterparts shall constitute one and the same instrument.
This Agreement shall become effective only upon execution and delivery of this Agreement by
the parties hereto.
Page 13 of 27
68
Section 7.5 Notice. A notice or communication, under this Agreement by the City, on
the one hand, to Developer, or, on the other, by Developer to the City shall be sufficiently given
or delivered if dispatched by hand delivery or, by nationally recognized overnight courier
providing receipts, or by registered or certified mail, postage prepaid, return receipt requested
to:
7.5 .1 Developer. In the case of a notice or communication to Developer if addressed
as follows:
To: ALTA SUNSET, LLC
2950 S.W . 27th Avenue, Suite 220
Miami, FL 33133 .
Attn: Henry Pino
cc: Holland & Knight, LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Attn: Ines Marrero-Priegues, Esq.
7.5.2 City. In the case of a notice or communication to the City, if addressed as
follows:
To: City of South Miami I ~ vYLCCNl~ .'f'fp
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
cc: City Attorney
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Attorney.
or if such notice is addressed in such other way in respect to any of the foregoing parties as that
party may, from time to time, designate in writing, dispatched as provided in this Section 5.5. It
shall be the duty of the parties to advise each other of any change of address and if delivery of a
notice or communication is returned as undeliverable or unclaimed, it shall be deemed delivered
for all purposes as allowed or required by this Agreement.
Section 7 .6 Titles of Articles and Sections. Any titles of the several parts, Articles and
Sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions .
Section 7.7 Counterparts. This Agreement is executed, in counterparts, each of which
shall be deemed an original, and such counterparts shall constitute one and the same instrument.
This Agreement shall become effective only upon execution and delivery of this Agreement by
the parties hereto.
Page 13 of27
Section 7.8 Successors and Assigns. Except to the extent limited elsewhere in this
Agreement, all ofthe covenants conditions and obligations contained in this Agreement shall run
with the land and be binding upon and inure to the benefit of the respective successors and
assigns of the City and the Developer.
Section 7.9 Entire Agreement. This Agreement and its Exhibits [constitute the sole and
only agreement of the parties hereto with respect to the subject matter hereof and correctly set
forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect and are merged into this Agreement.
Section 7.10 Amendments. No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties. Although this Agreement shall run with the
land, amendments, modifications or releases of this Agreement shall be by mutual written
agreement between: (a) the City and its successors and assigns (which must be a governmental
entity); and (b) Developer or its successors and assigns that are expressly designated in writing as
receiving the rights and obligations of Developer under this Agreement LExpress Assigns") (i.e.,
even if the Property is subdivided and more than one (1) owner exists for the Property, then
amendments to this Declaration shall only be required to be executed by the City and Developer
or its Express assigns); provided, however, that in the event that any amendment, modification or
release of this Agreement materially affects the rights of an owner of a portion of the Property,
then any amendment to this Agreement shall also require the consent of such property owner. In
the event of a modification of this Declaration or a designation of an Express Assign, a written
instrument must be duly executed, acknowledged and recorded in the Public Records of Miami-
Dade County, Florida. The parties recognize that the development and operation of the Property
and the Developer Improvements may from time to time require the confirmation, clarification,
amplification, or elaboration of this Agreement, in order to deal adequately with circumstances
which may not now be foreseen or anticipated by the parties. The City 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 purpose without obtaining the consent or approval
of any person or entity. If any portion of the Property has been submitted to the condominium
form of ownership, and an amendment, modification or release of this Agreement requires the
consent of the owner of such portion of the Property as provided above, then only the
condominium association thereof shall be required to execute the instrument as to that pOliion of
the Property (in lieu and on behalf of the condominium unit owners thereof).
Section 7.11 Authorization and Approvals by the City. All requests for action or
approvals by the City shall be sent to the City Manager for decision, who shall be the party within
the City, including the City Commission, that must act or approve the matter on behalf of the
City. Without limiting the generality of the foregoing or the general authority of the City
Manager, the City Manager shall have the authority himself to grant extensions of time for
performance by Developer for up to ninety (90) days (extensions of time in excess of ninety (90)
days shall require City Commission approval). If the City Manager's office shall be vacant or if
the City Manager shall not have the full authority to act or approve matters required of the City
pursuant to this Agreement, then the City Commission shall, promptly upon written request by
the Developer, designate such other officer or department as may be appropriate to perform the
City'S obligations. Unless otherwise specified to the contrary herein, all decisions, approvals and
Page 14 of27
69
Section 7.8 Successors and Assigns. Except to the extent limited elsewhere in this
Agreement, all ofthe covenants conditions and obligations contained in this Agreement shall run
with the land and be binding upon and inure to the benefit of the respective successors and
assigns of the City and the Developer.
Section 7.9 Entire Agreement. This Agreement and its Exhibits [constitute the sole and
only agreement of the parties hereto with respect to the subject matter hereof and correctly set
forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect and are merged into this Agreement.
Section 7.10 Amendments. No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties. Although this Agreement shall run with the
land, amendments, modifications or releases of this Agreement shall be by mutual written
agreement between: (a) the City and its successors and assigns (which must be a governmental
entity); and (b) Developer or its successors and assigns that are expressly designated in writing as
receiving the rights and obligations of Developer under this Agreement LExpress Assigns") (i.e.,
even if the Property is subdivided and more than one (1) owner exists for the Property, then
amendments to this Declaration shall only be required to be executed by the City and Developer
or its Express assigns); provided, however, that in the event that any amendment, modification or
release of this Agreement materially affects the rights of an owner of a portion of the Property,
then any amendment to this Agreement shall also require the consent of such property owner. In
the event of a modification of this Declaration or a designation of an Express Assign, a written
instrument must be duly executed, acknowledged and recorded in the Public Records of Miami-
Dade County, Florida. The parties recognize that the development and operation of the Property
and the Developer Improvements may from time to time require the confirmation, clarification,
amplification, or elaboration of this Agreement, in order to deal adequately with circumstances
which may not now be foreseen or anticipated by the parties. The City 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 purpose without obtaining the consent or approval
of any person or entity. If any portion of the Property has been submitted to the condominium
form of ownership, and an amendment, modification or release of this Agreement requires the
consent of the owner of such portion of the Property as provided above, then only the
condominium association thereof shall be required to execute the instrument as to that pOliion of
the Property (in lieu and on behalf of the condominium unit owners thereof).
Section 7.11 Authorization and Approvals by the City. All requests for action or
approvals by the City shall be sent to the City Manager for decision, who shall be the party within
the City, including the City Commission, that must act or approve the matter on behalf of the
City. Without limiting the generality of the foregoing or the general authority of the City
Manager, the City Manager shall have the authority himself to grant extensions of time for
performance by Developer for up to ninety (90) days (extensions of time in excess of ninety (90)
days shall require City Commission approval). If the City Manager's office shall be vacant or if
the City Manager shall not have the full authority to act or approve matters required of the City
pursuant to this Agreement, then the City Commission shall, promptly upon written request by
the Developer, designate such other officer or department as may be appropriate to perform the
City'S obligations. Unless otherwise specified to the contrary herein, all decisions, approvals and
Page 14 of27
actions required of the City hereunder must be decided, given or taken within sixty (60)
consecutive days after the receipt of written notice requesting same.
Section 7.12 Exculpation. Notwithstanding any provision contained in this
Agreement to the contrary, it is specifically agreed and understood that there is no personal
liability on the part of any manager, member in the Developer (provided such member is acting
within the limitations placed on same by Florida law or has not assumed in writing any greater
liability with respect to this Agreement), an equity interest holder of a member in the Developer
or, if the Developer is a corporation, of any officer, director or stockholder of the corporate
Developer or, if the Developer is a partnership, any limited partner of the Developer, with
respect to the performance of any of the obligations, terms, covenants and conditions of this
Agreement.
Section 7.13 Caption. The article and section headings and captions of this Agreement
and the table of contents preceding this Agreement are for convenience and reference only
and in no way define, limit, describe the scope or intent of this Agreement or any part thereof,
or in any way affect this Agreement or any part thereof.
Section 7.14. Holidays. It is hereby agreed and declared that whenever a notice or
performance under the terms of this Agreement is to be made or given on a Saturday or Sunday
or on a legal holiday observed in the City, it shall be postponed to the next" following business
day, not a Saturday, Sunday or legal holiday.
Section 7.15. Developer as Independent Contractor. Nothing contained in this
Agreement 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 partnership
with the City.
Section 7.16. Unlawful Provisions Deemed Stricken. If this Agreement contains any
unlawful provisions not an essential part of this Agreement and which shall not appear to have a
controlling or material inducement to the making thereof, such provisions shall be deemed of no
effect and shall be deemed 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 shall be interpreted so as to render it valid.
Section 7.17. No Liability for Approvals and Inspections. Except as may be otherwise
expressly provided herein, no approval to be made by the City of the Project site or the Project
under this Agreement, shall render the City liable for its failure to discover any defects or
nonconformance with any federal, state or local statute, regulation, ordinance or code.
Section 7.18. Radon. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from the county public health unit for Dade County.
Section 7.19. Developer Entity. On the date of execution hereof, the Developer is a
Florida limited liability company. In the event that at any time during the term of this Agreement
and any extensions and renewals thereof, the Developer is a corporation or an entity other than
Page 15 of27
70
actions required of the City hereunder must be decided, given or taken within sixty (60)
consecutive days after the receipt of written notice requesting same.
Section 7.12 Exculpation. Notwithstanding any provision contained in this
Agreement to the contrary, it is specifically agreed and understood that there is no personal
liability on the part of any manager, member in the Developer (provided such member is acting
within the limitations placed on same by Florida law or has not assumed in writing any greater
liability with respect to this Agreement), an equity interest holder of a member in the Developer
or, if the Developer is a corporation, of any officer, director or stockholder of the corporate
Developer or, if the Developer is a partnership, any limited partner of the Developer, with
respect to the performance of any of the obligations, terms, covenants and conditions of this
Agreement.
Section 7.13 Caption. The article and section headings and captions of this Agreement
and the table of contents preceding this Agreement are for convenience and reference only
and in no way define, limit, describe the scope or intent of this Agreement or any part thereof,
or in any way affect this Agreement or any part thereof.
Section 7.14. Holidays. It is hereby agreed and declared that whenever a notice or
performance under the terms of this Agreement is to be made or given on a Saturday or Sunday
or on a legal holiday observed in the City, it shall be postponed to the next" following business
day, not a Saturday, Sunday or legal holiday.
Section 7.15. Developer as Independent Contractor. Nothing contained in this
Agreement 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 partnership
with the City.
Section 7.16. Unlawful Provisions Deemed Stricken. If this Agreement contains any
unlawful provisions not an essential part of this Agreement and which shall not appear to have a
controlling or material inducement to the making thereof, such provisions shall be deemed of no
effect and shall be deemed 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 shall be interpreted so as to render it valid.
Section 7.17. No Liability for Approvals and Inspections. Except as may be otherwise
expressly provided herein, no approval to be made by the City of the Project site or the Project
under this Agreement, shall render the City liable for its failure to discover any defects or
nonconformance with any federal, state or local statute, regulation, ordinance or code.
Section 7.18. Radon. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from the county public health unit for Dade County.
Section 7.19. Developer Entity. On the date of execution hereof, the Developer is a
Florida limited liability company. In the event that at any time during the term of this Agreement
and any extensions and renewals thereof, the Developer is a corporation or an entity other than
Page 15 of27
a Florida limited liability company, then any references herein to member, membership interest,
manager and the like which are applicable to a Florida limited liability company shall mean and
be changed to the equivalent designation of such term which is appropriate to the nature of the
new Developer entity.
Section 7.20. Chapter 400, Florida Statutes. The City acknowledges and agrees that,
notwithstanding anything to the contrary set forth in this Agreement, the Developer shall not be
required to take any action hereunder which would otherwise constitute a violation of Chapter
400, Florida Statutes, as amended.
Section 7.21. Cooperation; Expedited Permitting; and Time is of the Essence. The Parties
agree to cooperate with each other to the full extent practicable pursuant to the terms and
conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their
respective and mutual responsibilities pursuant to this Agreement. The City shall use its best
efforts to expedite the permitting review and approval process in an effort to assist the Developer
in meeting its demolition, development, and construction completion schedules. The City will
accommodate requests from the Developer's agents, representatives, general contractor(s), and
subcontractors for simultaneous review of multiple permitting packages, such as those for site
work and foundations, and building shell, core, and interiors. Notwithstanding the foregoing, the
City shall not be obligated to issue development permits to the extent the Developer does not
comply with the applicable requirements of the City Zoning Code, the Project's zoning approvals,
the Comprehensive Plan, this Agreement, applicable building codes, or any other laws, rules,
orders, or regulations.
Section 7.22. The Development Agreement, as well as all amendments and revocations
thereto, shall comply with F.S. §§ 163.3220-163.3243, as amended by the Florida Legislature.
Section 7.23. Severability. Invalidation of any part of this Development Agreement by
judgment of a court of competent jurisdiction shall not affect any of the other provisions, which
shall remain in full force and effect.
Section 7.24. The duration of the development agreement shall be 30 years, unless it is
extended by mutual consent of the governing body and the developer, subject to a public hearing
in accordance with s. 163.3225.
Section 7.25. The failure of the agreement to address a particular permit, condition, term,
or restriction shall not relieve the developer of the necessity of complying with the law governing
said permitting requirements, conditions, term, or restriction.
Section 7.26. This Development Agreement shall be void if not recorded within 14 days
of the resolution approving its execution.
[SIGNATURE PAGE TO FOLLOW]
Page 16 of27
71
a Florida limited liability company, then any references herein to member, membership interest,
manager and the like which are applicable to a Florida limited liability company shall mean and
be changed to the equivalent designation of such term which is appropriate to the nature of the
new Developer entity.
Section 7.20. Chapter 400, Florida Statutes. The City acknowledges and agrees that,
notwithstanding anything to the contrary set forth in this Agreement, the Developer shall not be
required to take any action hereunder which would otherwise constitute a violation of Chapter
400, Florida Statutes, as amended.
Section 7.21. Cooperation; Expedited Permitting; and Time is of the Essence. The Parties
agree to cooperate with each other to the full extent practicable pursuant to the terms and
conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their
respective and mutual responsibilities pursuant to this Agreement. The City shall use its best
efforts to expedite the permitting review and approval process in an effort to assist the Developer
in meeting its demolition, development, and construction completion schedules. The City will
accommodate requests from the Developer's agents, representatives, general contractor(s), and
subcontractors for simultaneous review of multiple permitting packages, such as those for site
work and foundations, and building shell, core, and interiors. Notwithstanding the foregoing, the
City shall not be obligated to issue development permits to the extent the Developer does not
comply with the applicable requirements of the City Zoning Code, the Project's zoning approvals,
the Comprehensive Plan, this Agreement, applicable building codes, or any other laws, rules,
orders, or regulations.
Section 7.22. The Development Agreement, as well as all amendments and revocations
thereto, shall comply with F.S. §§ 163.3220-163.3243, as amended by the Florida Legislature.
Section 7.23. Severability. Invalidation of any part of this Development Agreement by
judgment of a court of competent jurisdiction shall not affect any of the other provisions, which
shall remain in full force and effect.
Section 7.24. The duration of the development agreement shall be 30 years, unless it is
extended by mutual consent of the governing body and the developer, subject to a public hearing
in accordance with s. 163.3225.
Section 7.25. The failure of the agreement to address a particular permit, condition, term,
or restriction shall not relieve the developer of the necessity of complying with the law governing
said permitting requirements, conditions, term, or restriction.
Section 7.26. This Development Agreement shall be void if not recorded within 14 days
of the resolution approving its execution.
[SIGNATURE PAGE TO FOLLOW]
Page 16 of27
WITNESSES(S):
By:
B y: --.:=~~~~~;:::;==----_
Print Name: ose MC;.n\Yf.-\ q dv\-et~
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
Florida limited
.1J? I/.. The foregoip)!; instrum~t was aC ~O ~ged before me this
by <M1 ~ /'lILJOC¥ 1f4 (41(/~ as 'e ££rI b.ut-
h day of September, 2018
of ALTA SUNSET, LLC , a
.e , is 1)4. personally known to Florida limIt lIabIlIty company. He personally appear a-befDT
me or [ ] produced as identific IOn.
Name · ____ ~~ ____ ~ ____ ~~~~~
Notary Public , State of Florida
Commission No.
My commission expires:
MAYRA M. BERMEJO
Notary Public · State of Florida
Commi ssion # FF 926014
V ·'~n/f n . Ex pires Oct 11, 2019
.---~
72
WITNESSES(S): ALTA SUNSET, LLC, a Florida limited
By:
lia ~ BY ~'
Print Na
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
.1J1 I/.. The foregoi9$ instrum~t. was aC~O ~ged before me this
by ':.en ~ /'l/LJOC¥ tfC/(41(/~ as 'e f'A'rI b.eA-
/; day of September, 2018
of ALTA SUNSET, LLC, a
.e, is 1)4. personally known to Florida limIt habIhty company. He personally appear a-befbr
me or [ ] produced as identific IOn.
Nam . --------=:::""'---~--~2~_.....:
Notary Public, State of Florida
Commission No.
My commission expires:
,,'lillI, ;:i~~Y "v~~ MAYRA M. BERMEJO = ~. : Notary Public· State of Florida -. ,. .-;\J)( 1·, v§ Commission # FF 926014 .... ., ...... ~.:) ... " .... ",:;~",,,.o,~"'\! . ~n l rn . Ex pi res Oct 11, 2019
'1 I /l P\'
JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT
Sunset-Miami Investments Inc., a Florida for profit corporation, as owner
("Owner") of the property legally described in Exhibit "A" ("Property"), hereby
agrees, joins and consents to this Development Agreement between ALTA
SUNSET, LLC, a Florida Limited Liability Company and the City of South
Miami, a Florida Municipal Corporation (the "Development Agreement"),.
WITNESSETH: OWNER:
SwYSET-miAMi II/V e"5Tr1Y1I?!/T~ r::tlc!-
If-~IJ. ~!Z-?
~~~~~_By: ~p
Teresa Sordo, President
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was aclmowledged before me this 3/s !-
day of A-uc.v~ T , 2018, by Teresa Sordo, in her capacity of President of
Sunset-Miami Investments, Inc. a Florida for profit corporation, who is personally
known to me or has/has not produced /).{<..t";,lG7<. t-/ (?8\.,)SE 5 "33 ·-"6~O -5<1-bO~-(!)
as identification and did/did not take an oath.
M bliC Serial Number
Name:
~ ..... ~~Y";,t. ... ,·i., ~.::-\ ANNETTAlLE S
.. \~\:. ~~':~) NotDry PubHc -StDte of Florida
\:1 \ ~ o'f.... CommIssIon # GG 194100 ... un' ... · MyComm E ' ... " .... ' , Xplres Mar 11 2022
Bonded through N t' •
D lonal Notary Assn,
73
JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT
Sunset-Miami Investments Inc., a Florida for profit corporation, as owner
("Owner") of the property legally described in Exhibit "A" ("Property"), hereby
agrees, joins and consents to this Development Agreement between ALTA
SUNSET, LLC, a Florida Limited Liabi lity Company and the City of South
Miami, a Florida Municipal Corporation (the "Development Agreement"),.
WITNESSETH: OWNER:
SlI/YSET-m/;lMi lA/V ~5Tr1Y1I?!IT~ :r;-#lt!.-
If-~IJ. ~~?
~~~~~~By : ~ p
Teresa Sordo, President
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was adrnowledged before me this 3/5/-
day of A-u&v~ T , 2018, by Teresa Sordo, in her capacity of President of
Sunset-Miami Investments, Inc. a Florida for profit corporation, who is personally
lrnown to me or has/has not produced /).{<..t';,l67Z. t...({?~SE 5 "33 --'it~O-s<l-bO."y-(!)
as identification and did/did not take an oath.
~bliC
Name:
Serial Number
~ ""'~~Y";,>, ,·i., ~~\ ANNETTALLES
;<1\:. ~':~! Notary Public -State of Florida "'~1 \ ~ o'.f..i M Comm Ission # GCi 194100 ",urn;",· yComm E . ,,,,,,,,,, . Xp lres Mar 11 2022
Bonded through N . ' at lona l Nota ry Alsn.
ATTESTED:
By: --'---=..J'-=---I'r----J~-"'---
E OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me thisLJiay of ' A -0::::::-1/, 20 1( by ~ve/? .1tP~ClffiG -"'-, who are personally known to ~e executing the
same freely and voluntarily under authority vested in them by the City of S~uth 2 .
Si g na]7re 0 Notary
(NOTARY SEAL) ~~~~/;/9~~~~~~~~~~~~~~ ____ __
Print or type name
""'~*:,:~~~~ MARIA L. GARCIA
I.:" .~.\ MY COMMISSION # GG 115752
\"1: .. ~:l EXPIRES: October 16. 2021 .... 'f-.... ""~f.f:'.··' Bonded Thru Notary Public Underwriters
Pa ge 190f27
74
ATTESTED:
-J( E OF FLORIDA
COUNTY OF MIAMI-DADE
. The foregoing instrument was acknowledged before me this L~ay of ' A -iJ:::::: )'/, 20 1 ( by
...5"1:.ven 1z0~t<?C8f\d ... , who are personally known to ~e executing the
same fi oeely and voluntarily under authority vested in them by the City of S~uth ~ •
Signaw re 0 Notary
(NOTARY SEAL) H/lp_/4 o' {;ti/4/'.t4
Print or type name
•• *--;;"v.~f;;:·.. MARIA l. GARCIA ~~:". .;t'I~ g.: .!.~ MY COMMISSION # GG 115752
~#~ .. ~j EXPIRES: October 16, 2021
··f.'.un.?'·' Bonded Thru Notary Public Underwriters
Page 19 of27
EXHIBIT" A"
Legal Description
All of Tract A, less the East 118 feet of the North 129.07 feet, in Block 1,
and Lot 3, in Block 1 of Rosswood, according to the Plat thereof, recorded
in Plat Book 13, at Page 62 of the Public Records of Miami Dade County,
Florida, less the South 25 feet of said Block 1. FOLIO: 09-4025-011-0010;
PROP. ADDR:6075 Sunset Dr, South Miami, Florida
Tax Folio Number 09-4025-011-0010
Owners: Sunset-Miami Investment, Inc.
1313 Ponce De Leon Blvd. Ste. 200
Coral Gables, FI 33134
Page 20 of27
75
EXHIBIT" A"
Legal Description
All of Tract A, less the East 118 feet of the North 129.07 feet, in Block 1,
and Lot 3, in Block 1 of Rosswood, according to the Plat thereof, recorded
in Plat Book 13, at Page 62 of the Public Records of Miami Dade County,
Florida, less the South 25 feet of said Block 1. FOLIO: 09-4025-011-0010;
PROP. ADDR:6075 Sunset Dr, South Miami, Florida
Tax Folio Number 09-4025-011-0010
Owners: Sunset-Miami Investment, Inc.
1313 Ponce De Leon Blvd. Ste. 200
Coral Gables, FI 33134
Page 20 of27
EXHIBIT "B"
RESOLUTION 074-18-15107
Page 21 of27
76
EXHIBIT "B"
RESOLUTION 074-18-15107
Page 21 of27
RESOLUTION NO. 074·18·15107
A Resolution approving a Spedal Exception so as to allow a project within the TOOO
(MU·S) of more than fou r (4. stories and more than 40,000 squa re fe4ttfor the property
located at 6075 SW 72 nd Street.
WHEREAS, the applicant, Alta Developers, LLC, submitted an application (number PB-17-033)
requesting a Special Exception approval for a large Scale Development for a mixed-use building located
at 6075 SW n"d Street; and
WHEREAS, the applicant has submitted concurrent requests to change the zoning of the
northern portion of the site from TODD (MU·4) to TODD (MU-5) and for a Variance to reduce the
number of required parking spaces; and
WHEREAS, the site consists of 1.611 acres and the proposed development will provide 203
residential units, 2,441 square feet of commercial space, and 3,678 square feet of restaurant; and
WHEREAS, pursuant to land Development Code (LDC) Section 20·8.9 Special exceptions, any
site that is in excess of 40,000 square feet or any dC'Vclopmcnt in ex:ccss of four (4) stories, shall be
designated as a Large Scale Oevelopment and reviewed by the Planning Board and shall require
approval by the City Commission; and
WHEREAS, at its December 12, 2017 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 four {4} to two (2) to recommend approval of the requested
Special Exception; and
WHEREAS, Section 20-8.9 (C) requires that all uses in a large scale development must comply
with the following general requirements and any othe'r requirements that the City Commission may
consider appropriate and necessary.
1. All such uses shall comply with all requirements established in the appropriate zoning use
district, unless additional or more restrictive requirements arc set forth below or by the City
Commission.
2. All such uses must be of a compatible and complementary nature with any existing or
planned surrounding uses.
3. The City Commission shall determine the overall compatibility of the development with the
existing or planned surrounding uses.
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 appllcable Code provisions.
Page 22 of27
77
RESOLUTION NO. 074·18·15107
A Resolution approving a Spedal Exception so as to allow a project within the TOOO
(MU·S) of more than fou r (4. stories and more than 40,000 squa re fe4ttfor the property
located at 6075 SW 72 nd Street.
WHEREAS, the applicant, Alta Developers, LLC, submitted an application (number PB-17-033)
requesting a Special Exception approval for a large Scale Development for a mixed-use building located
at 6075 SW n"d Street; and
WHEREAS, the applicant has submitted concurrent requests to change the zoning of the
northern portion of the site from TODD (MU·4) to TODD (MU-5) and for a Variance to reduce the
number of required parking spaces; and
WHEREAS, the site consists of 1.611 acres and the proposed development will provide 203
residential units, 2,441 square feet of commercial space, and 3,678 square feet of restaurant; and
WHEREAS, pursuant to land Development Code (LDC) Section 20·8.9 Special exceptions, any
site that is in excess of 40,000 square feet or any dC'Vclopmcnt in ex:ccss of four (4) stories, shall be
designated as a Large Scale Oevelopment and reviewed by the Planning Board and shall require
approval by the City Commission; and
WHEREAS, at its December 12, 2017 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 four {4} to two (2) to recommend approval of the requested
Special Exception; and
WHEREAS, Section 20-8.9 (C) requires that all uses in a large scale development must comply
with the following general requirements and any othe'r requirements that the City Commission may
consider appropriate and necessary.
1. All such uses shall comply with all requirements established in the appropriate zoning use
district, unless additional or more restrictive requirements arc set forth below or by the City
Commission.
2. All such uses must be of a compatible and complementary nature with any existing or
planned surrounding uses.
3. The City Commission shall determine the overall compatibility of the development with the
existing or planned surrounding uses.
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 appllcable Code provisions.
Page 22 of27
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each
of the Spedal Exception requIrements and conditions and having found that those cond~tions have
been met, desire to approve the application for the Spedal Exception.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITV OF
SOUTH MIAMI, FLORIDA:
Settlon 1: The redtals set forth In this rewlution are true and they are support.ed by competent
5ubst<lntl<l1 evidence and they are incorporated into this resolution bV reference as if set forth in full
herein.
Section 2. The application (number PB·17-033) submitted by Alta Developers, LLC, requesting a
Special Exception for a Large Scale Development for a mixed-use building consisting of commercial,
restaurant .1nd residential uses within the TODD (MU-5) zoning district located at 6075 SW n<KJ Street,
South Miami, Florida, complies with the requirement!; of 20·8.9 (C} and (D) and is hereby approved
with the following conditions:
Gencl"al Conditions
1. Any development of the property will be in substantial compliance with the documents submitted.
induding: letter of Intent from Incs. Marrero-Priegues. dated August H, 2017; Application Book
cot\Sl~tlng ofa survey prepared by fortun, Leavy, Skile$. Inc. dated 7/27/17; Site Photograpl1$ {Sheet
CP·l.0~; Renderings dated 11/14/17 ~Sheet5 R·1.0 ttlrougtl R·1.5}; Aerial Photos of the $Ite (Sheet
CP·2.0); a Zoning Chart dated 8/H/17 (Sheet A-O.l); an Area Schedule datetl 9/20/17 ISheet A-
1.00); Floor and Roof Plans (Sheets A·1.m through 1.07); building elevations (Sheets, A·2.01 and A·
2.02); a building section dn;!wing (Sheet A-J.Ol); anti Planter Details (Sheet A·4,0) all signed and
~ealed by Roberto Behar (9-20·17}; and a Tree Olspo~ltlol1 Plan dated 10/1D!17ISheet Tt)..l) and
lancl~pe plans (Sheets l-t through 1.-4) dateo a/8/17 preparet1 byWitkin Hults Design GrouPi ann
a Traffic Impact Study and Parking Study both prepared by Richard Garcia & Associates.
2. All documents submitted with this application are to be made part of the record.
3. Any improvemfmts in the Public: Rlgnt·of·Way shall be approved by the appliC<lble agerlCY {FDOT,
Miami-Dade County and/or City of South Miami}.
4. All impact fees shall be paid prior to Issuance of building permit.
S. The Applitant shall provide a letter acknowledging compliance with the applicable Level of Services
requirements prlor to the issuarl!:e of final permit to the property. If any concurrency approvals
e~plre are-review 5hall be req vi red by the appropriate agency.
6. Any change~ that increase densities., InterlSlties or population shall require a new Concurrency
Analysis.
7. Applicant :ol1all submit verification from Mlami·Dade County that the proPo:5ed new development
has been reviewed and approved for all at.e:e55 management considerations prior to site plan
approval.
S. Flood elevatrons shall be F£!vlflwed and approved for consistency with fEMA requirements and the
City's Nationallnsufance Floo'" Program Ordinance prior to building permit appf09al.
9. The Applicant shall comply witl1 applicable conditions and reQiuirements by Mlaml-Oade County
Public Works Department, fife Rescue Department, Department of Regulatory and Economics
Res,ources -DERM (DRER), Miamt·Dade County W~tel' and Sewer Department, and fOOT.
Page 23 of27
78
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each
of the Spedal Exception requIrements and conditions and having found that those cond~tions have
been met, desire to approve the application for the Spedal Exception.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITV OF
SOUTH MIAMI, FLORIDA:
Settlon 1: The redtals set forth In this rewlution are true and they are support.ed by competent
5ubst<lntl<l1 evidence and they are incorporated into this resolution bV reference as if set forth in full
herein.
Section 2. The application (number PB·17-033) submitted by Alta Developers, LLC, requesting a
Special Exception for a Large Scale Development for a mixed-use building consisting of commercial,
restaurant .1nd residential uses within the TODD (MU-5) zoning district located at 6075 SW n<KJ Street,
South Miami, Florida, complies with the requirement!; of 20·8.9 (C} and (D) and is hereby approved
with the following conditions:
Gencl"al Conditions
1. Any development of the property will be in substantial compliance with the documents submitted.
induding: letter of Intent from Incs. Marrero-Priegues. dated August H, 2017; Application Book
cot\Sl~tlng ofa survey prepared by fortun, Leavy, Skile$. Inc. dated 7/27/17; Site Photograpl1$ {Sheet
CP·l.0~; Renderings dated 11/14/17 ~Sheet5 R·1.0 ttlrougtl R·1.5}; Aerial Photos of the $Ite (Sheet
CP·2.0); a Zoning Chart dated 8/H/17 (Sheet A-O.l); an Area Schedule datetl 9/20/17 ISheet A-
1.00); Floor and Roof Plans (Sheets A·1.m through 1.07); building elevations (Sheets, A·2.01 and A·
2.02); a building section dn;!wing (Sheet A-J.Ol); anti Planter Details (Sheet A·4,0) all signed and
~ealed by Roberto Behar (9-20·17}; and a Tree Olspo~ltlol1 Plan dated 10/1D!17ISheet Tt)..l) and
lancl~pe plans (Sheets l-t through 1.-4) dateo a/8/17 preparet1 byWitkin Hults Design GrouPi ann
a Traffic Impact Study and Parking Study both prepared by Richard Garcia & Associates.
2. All documents submitted with this application are to be made part of the record.
3. Any improvemfmts in the Public: Rlgnt·of·Way shall be approved by the appliC<lble agerlCY {FDOT,
Miami-Dade County and/or City of South Miami}.
4. All impact fees shall be paid prior to Issuance of building permit.
S. The Applitant shall provide a letter acknowledging compliance with the applicable Level of Services
requirements prlor to the issuarl!:e of final permit to the property. If any concurrency approvals
e~plre are-review 5hall be req vi red by the appropriate agency.
6. Any change~ that increase densities., InterlSlties or population shall require a new Concurrency
Analysis.
7. Applicant :ol1all submit verification from Mlami·Dade County that the proPo:5ed new development
has been reviewed and approved for all at.e:e55 management considerations prior to site plan
approval.
S. Flood elevatrons shall be F£!vlflwed and approved for consistency with fEMA requirements and the
City's Nationallnsufance Floo'" Program Ordinance prior to building permit appf09al.
9. The Applicant shall comply witl1 applicable conditions and reQiuirements by Mlaml-Oade County
Public Works Department, fife Rescue Department, Department of Regulatory and Economics
Res,ources -DERM (DRER), Miamt·Dade County W~tel' and Sewer Department, and fOOT.
Page 23 of27
I!~~. ND. O"T4-19-llil07
10. The Appli(;ant shall execute and record in th~ public r~cords of Miami-()ade County, a Development
Agreement ancl a Maintenance Covenant, In a form approwd by the CIty commis$ion and City
Attorney, whidl oomplies with the requirements of Land [)evelopment Code Section 20-8.9 and
whkh contains all commitments made and condition!; imposed as part of the approval of the
Applications. The development agreement shall be enforceable for ten (10) years from the date of
substantial completion as defined in Section 20-8.9.
11 Applicaflt shaU wmply With all requirements set forth in Section 20·8.9 In addition to those set
fortn in this Resolution unless there is a conflict, in which I!v~nt Section 20-g.9 shall take> precedent.
12. tf during the review process it is determirlf~d that the> developmimt, as proposed, will potentially
cause adverse impact., the Planning D~partment shall r~commend remedial measures to eliminate
or reduce, to the extent possible, thes.e impacts. Development projects thOit arE re(;ommtlflded for
remedial measures will not be requlred to sul>mlt a new application \.Iflle:>5 it 15 determined by the
Department that additional change~ which would have the effe<::t of increasing densities, square
footage or altering the height or use of a Development have been made. Remedial meeSUl"es may
im;lude. but are not limited to:
i. Additional screening or buffering;
ii. Additional lands taping;
iii. Building orientation;
IV. Relocation of proposed open space, or alteration of the use of ~uch space;
v. fJede!;tfianand bicycle safety and aCCl}SS;
vi. Change~ to ingress and egress;
vii. Addressing traffit flow to and from the dellelopment to 31fOid intrusion on local streets in
ne,Hby siflgle family residential areas; or
viii. Improvement of the street~ adjacent to the project, if applicable.
~pnstruct.lon Genit~1 CMldltlons
13. A Construction and MaintllrHmc@ of Traffic {MOT} Plan shall bel! provid~d by thl! Applicant to the
Public Works Departments for a pproval prior to start of construction. Access points by construction
vehicles ~hall be provided within the MOT.
14. The Applicant shan provldt:t a ConstruL'tlon Air Quality Management Plan to the Department prior
to the start of construtt ion.
15. A Constructlot'l, Demolition and Materials Management Plan (CDMMt» must be submitted by the
Applicant at time of building permit.
1tt. COfl:Struction snaJi only take place Monday through FddilY during the hours of 8:00 a.m. and 5:00
p.m.
Parking CondJtions
i"i parking adjustment has been approved, permittinR a total of 303 on-site parking spaces. A
minimu m of 203 of till! on-sltfl spaees will be designated for tfla 203 resldal'ltlai units wIthin the
lLroiect (to be aSSigned in the lease agreements). Residential parking decals and parking cards will
be Issued to tenants for tha vehicle to be parked irl the residential parking area, which shall bl!
wgregated from the oomrnerclaVvlsltor parking area bv a card-onlv aaess mechanical gate. A
minimum of one decal shall be Issu~d to each raritaillnit. Tenant vehide~ that are found parked In
thIs wmmerclal!vlsltor park.lng area shall be toweD, fflfld towing ~h£lllbuond!'!~led by an auth9rizeq
towing cgmp.$!!1¥_tQ!/.kQWil]g {;Qrnp,lIW storage facility ill 3tCordaJ1ce with Florida I,aw.
PtlQU 3 (If 4
Page 24 of27
79
I!~~. ND. O"T4-19-llil07
10. The Appli(;ant shall execute and record in th~ public r~cords of Miami-()ade County, a Development
Agreement ancl a Maintenance Covenant, In a form approwd by the CIty commis$ion and City
Attorney, whidl oomplies with the requirements of Land [)evelopment Code Section 20-8.9 and
whkh contains all commitments made and condition!; imposed as part of the approval of the
Applications. The development agreement shall be enforceable for ten (10) years from the date of
substantial completion as defined in Section 20-8.9.
11 Applicaflt shaU wmply With all requirements set forth in Section 20·8.9 In addition to those set
fortn in this Resolution unless there is a conflict, in which I!v~nt Section 20-g.9 shall take> precedent.
12. tf during the review process it is determirlf~d that the> developmimt, as proposed, will potentially
cause adverse impact., the Planning D~partment shall r~commend remedial measures to eliminate
or reduce, to the extent possible, thes.e impacts. Development projects thOit arE re(;ommtlflded for
remedial measures will not be requlred to sul>mlt a new application \.Iflle:>5 it 15 determined by the
Department that additional change~ which would have the effe<::t of increasing densities, square
footage or altering the height or use of a Development have been made. Remedial meeSUl"es may
im;lude. but are not limited to:
i. Additional screening or buffering;
ii. Additional lands taping;
iii. Building orientation;
IV. Relocation of proposed open space, or alteration of the use of ~uch space;
v. fJede!;tfianand bicycle safety and aCCl}SS;
vi. Change~ to ingress and egress;
vii. Addressing traffit flow to and from the dellelopment to 31fOid intrusion on local streets in
ne,Hby siflgle family residential areas; or
viii. Improvement of the street~ adjacent to the project, if applicable.
~pnstruct.lon Genit~1 C,£t'Idltlons
13. A Construction and MaintllrHmc@ of Traffic {MOT} Plan shall bel! provid~d by thl! Applicant to the
Public Works Departments for a pproval prior to start of construction. Access points by construction
vehicles ~hall be provided within the MOT.
14. The Applicant shan provldt:t a ConstruL'tlon Air Quality Management Plan to the Department prior
to the start of construtt ion.
15. A Constructlot'l, Demolition and Materials Management Plan (CDMMt» must be submitted by the
Applicant at time of building permit.
1tt. COfl:Struction snaJi only take place Monday through FddilY during the hours of 8:00 a.m. and 5:00
p.m.
Parking CondJtions
i"i parking adjustment has been approved, permittinR a total of 303 on-site parking spaces. A
minimu m of 203 of till! on-sltfl spaees will be designated for tfla 203 resldal'ltlai units wIthin the
lLroiect (to be aSSigned in the lease agreements). Residential parking decals and parking cards will
be Issued to tenants for tha vehicle to be parked irl the residential parking area, which shall bl!
wgregated from the oomrnerclaVvlsltor parking area bv a card-onlv aaess mechanical gate. A
minimum of one decal shall be Issu~d to each raritaillnit. Tenant vehide~ that are found parked In
thIs wmmerclal!vlsltor park.lng area shall be toweD, fflfld towing ~h£lllbuond!'!~led by an auth9rizeq
towing cgmp.$!!1¥_tQ!/.kQWil]g {;Qrnp,lIW storage facility ill 3tCordaJ1ce with Florida I,aw.
PtlQU 3 (If 4
Page 24 of27
Res. No. 074-18-15107
19nd~H·{llng
17. . The Applicant shall meet all of the minimum requirements of the City Cotle, O1apters 18
and 24 of the Miami·Dade C.ounty Code and specifically comply with .all conditions
imposed by Miami-Dade County Department of Regulatory and Economic Resources -
DERM ~DRER), If any.
18. Th~ property shall be landscaped in accordance with the landscape plan, included with
the site pian submittal, and approved by the Environmental Review and Preservation
Board.
19. Pursuant to Sec. 20-4.5 and 20-4.5.1, as may be amended, the Applicant shall provide
mitigation for all trees to be removed in accordance with CJty requirements.
£nvironmental
20. The Applicant shall meet the reQuirements of the Miami-Dade County Water-Use
Efficiency Starldards Marlual, effective January 2009, as may be amended from time to
time.
21. AU $torm water drainage systems, ~hall be rnilintained 1n workirlg order at aU times to
awid lotalize flooding during and after a storm. Parking shall be prohibltC'd on top of any
drainage intet or drainage manhole.
Archltectu re
22. Final approval of all plans must be obtained from the Environmental Review and Preservation
Board, as required by Code.
Section 3.. Severability. If any sectloll clause, sentence,or phtase of this re$Olutlon is for any
reason held Invalid or uncorlstitl.itiolial by a court of wmpetent jurisdiction, the holdirlg shall not
afred the validity of the remaining portions of this resolution.
Section 4. EffectllH![)ate. This re$Olution shall become effective immedIately upon adoption
by vote of the City Commission.
PASSED AND ADOPTED this 3 rd day of, --'-'!\2lp~r!:..i!:..l~ __ -" 2018.
APPROVED:~~ jP/1 ~ ~~~~ MAYOR
COMMISSION VOTE; 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
CommisSioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
page 4 of 4
Page 25 of27
80
Res. No. 074-18-15107
19nd~H·{llng
17. . The Applicant shall meet all of the minimum requirements of the City Cotle, O1apters 18
and 24 of the Miami·Dade C.ounty Code and specifically comply with .all conditions
imposed by Miami-Dade County Department of Regulatory and Economic Resources -
DERM ~DRER), If any.
18. Th~ property shall be landscaped in accordance with the landscape plan, included with
the site pian submittal, and approved by the Environmental Review and Preservation
Board.
19. Pursuant to Sec. 20-4.5 and 20-4.5.1, as may be amended, the Applicant shall provide
mitigation for all trees to be removed in accordance with CJty requirements.
£nvironmental
20. The Applicant shall meet the reQuirements of the Miami-Dade County Water-Use
Efficiency Starldards Marlual, effective January 2009, as may be amended from time to
time.
21. AU $torm water drainage systems, ~hall be rnilintained 1n workirlg order at aU times to
awid lotalize flooding during and after a storm. Parking shall be prohibltC'd on top of any
drainage intet or drainage manhole.
Archltectu re
22. Final approval of all plans must be obtained from the Environmental Review and Preservation
Board, as required by Code.
Section 3.. Severability. If any sectloll clause, sentence,or phtase of this re$Olutlon is for any
reason held Invalid or uncorlstitl.itiolial by a court of wmpetent jurisdiction, the holdirlg shall not
afred the validity of the remaining portions of this resolution.
Section 4. EffectllH![)ate. This re$Olution shall become effective immedIately upon adoption
by vote of the City Commission.
PASSED AND ADOPTED this 3 rd day of, --'-'!\2lp~r!:..i!:..l~ __ -" 2018.
APPROVED:~~ jP/1 ~ ~~~~ MAYOR
COMMISSION VOTE; 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
CommisSioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
page 4 of 4
Page 25 of27
EXHIBIT "c"
DEVELOPMENT
SCHEDULE
All time periods provided below are from the date of final City Commission approval of the
Development Agreement or approval of a revised development programs and/or site plans or
as provided by the City's Land Development Code, whichever is the shorter period of time.
Submittal of Building Permit Plans 6 Months
Approval of Building Permit Plans / Issuance of Building Permit 12 Months
(including issuance of foundation permit, site work permit,
or partial permit)
Commencement of Construction 18 Months
Complete Project Buildout 24 Months
Page 26 of27
81
EXHIBIT "c"
DEVELOPMENT
SCHEDULE
All time periods provided below are from the date of final City Commission approval of the
Development Agreement or approval of a revised development programs and/or site plans or
as provided by the City's Land Development Code, whichever is the shorter period of time.
Submittal of Building Permit Plans 6 Months
Approval of Building Permit Plans / Issuance of Building Permit 12 Months
(including issuance of foundation permit, site work permit,
or partial permit)
Commencement of Construction 18 Months
Complete Project Buildout 24 Months
Page 26 of27
EXHIBIT "D"
PERMITS
All local development permits approved or needed to be approved for the
development in accordance with this Development Agreement are as follows:
1. Demolition Permit from City of South Miami;
2. Project Plan and Site Plan approvals from the City's Environmental Review & Preservation
Board ("ERPB");
3. Subdivision plat and/or waiver of plat approvals (if needed);
4. Water, sewer, paving and drainage and other infrastructure permits;
5. Covenant in Lieu of Unity of Title or Unity of Title acceptance or the release of existing
unities or covenants;
6. Building permits; S ee.. cve..s ~ ~ att;;;~~ II 8~l'11 8{.(I,/tYd1t~( ~uutunJ/)')~ It .
7. Certificates of occupancy; ff f
8. Environmental Permits; and
9. Any other official action of the City and /or Miami-Dade County, Florida, having the effect
of permitting the development of land.
Page 27 of27
82
EXHIBIT "D"
PERMITS
All local development permits approved or needed to be approved for the
development in accordance with this Development Agreement are as follows:
1. Demolition Permit from City of South Miami;
2 . Project Plan and Site Plan approvals from the City's Environmental Review & Preservation
Board ("ERPB");
3. Subdivision plat and/or waiver of plat approvals (if needed);
4. Water, sewer, paving and drainage and other infrastructure permits ;
5. Covenant in Lieu of Unity of Title or Unity of Title acceptance or the release of existing
unities or covenants;
6. Building permits; S ee. c:ve..s" ~ a:tto~~ I I B~('11 8{)')/tYl~{ AttUUUmJlY)$ 1. 1fr 7. Certificates of occupancy; I
8. Environmental Permits ; and
9 . Any other official action of the City and /or Miami-Dade County, Florida, having the effect
of permitting the development of land.
Pa ge 27 of27
THE CITY OF PLEASANT LIV I NG
New commercial buildings
Building Submittal Requirements
City of South Building Department
6130 Sunset Drive, South Miami FL, 33143
Tel (305)663-6355-Fax (305)666-4591-www.southmiamifl.gov
Plans must be approved by FIRE, DERM, HRS(IF APPLICABLE), WASA and IMPACT FEE
2 copies of signed and sealed drawings.
2 copies of property survey.
2 copies of structural calculations
New residential homes
Plans must be approved by DERM, HRS(IF APPLICABLE), W ASA and IMPACT FEE
2 copies of signed and sealed drawings.
2 copies of property survey.
2 copies of structural calculations
Commercial additions and remodel
Plans must be approved by Fire , DERM and impact fee.
2 copies of signed and sealed drawings .
2 copies of property survey.
2 copies of structural calculations (IF PLANS CALL FORM THEM).
Residential additions and remodel
2 copies of signed and sealed drawings .
2 copies of property survey.
2 copies of structural calculations (IF PLANS CALL FOR THEM).
DERM, HRS (if applicable), IMPACT FEE stamp.
Windows, Doors, Shutters and Garage doors
2 copies ofN.O.A (Also know as product approval)
2 copies of sketch of the house showing the locations of the windows or doors being replaced.
2 signed and sealed wind load calculations. (GENERIC TABLE WITH DIFFERENT WINDLOAD
SCENARIOS WILL SUFFICE).
Fence
2 copies of the property survey and highlight the location of the fence.
2 copies of the fence detail (TYPE,HOLES, ETC.).
83
THE CITY OF PLEASANT LIV I NG
New commercial buildings
Building Submittal Requirements
City of South Building Department
6130 Sunset Drive, South Miami FL, 33143
Tel (305)663-6355-Fax (305)666-4591-www.southmiamifl.gov
Plans must be approved by FIRE, DERM, HRS(IF APPLICABLE), WASA and IMPACT FEE
2 copies of signed and sealed drawings.
2 copies of property survey.
2 copies of structural calculations
New residential homes
Plans must be approved by DERM, HRS(IF APPLICABLE), WASA and IMPACT FEE
2 copies of signed and sealed drawings.
2 copies of property survey.
2 copies of structural calculations
Commercial additions and remodel
Plans must be approved by Fire , DERM and impact fee.
2 copies of signed and sealed drawings .
2 copies of property survey.
2 copies of structural calculations (IF PLANS CALL FORM THEM).
Residential additions and remodel
2 copies of signed and sealed drawings.
2 copies of property survey.
2 copies of structural calculations (IF PLANS CALL FOR THEM).
DERM, HRS (if applicable), IMPACT FEE stamp.
Windows, Doors, Shutters and Garage doors
2 copies ofN.O.A (Also know as product approval)
2 copies of sketch of the house showing the locations of the windows or doors being replaced.
2 signed and sealed wind load calculations. (GENERIC TABLE WITH DIFFERENT WINDLOAD
SCENARIOS WILL SUFFICE).
Fence
2 copies ofthe property survey and highlight the location of the fence.
2 copies of the fence detail (TYPE,HOLES , ETC.).
Driveways, walkways, resurfacing
2 copies of the property survey and highlight the location of the work.
2 copies of the details (INCHES OF SAND, LIMEROCK, ETC.).
*For commercial sites, you must show parking spaces and handicap spaces.
*If you are doing the approach you must pull a permit with Public Works as well.
Sheds
2 copies of State product approval of shed.
2 copies of survey showing where the shed is to be located and mark how far from the setback
Demolition of single family home/commercial building
2 copies of survey of property
FPL disconnect letter
Letter from mechanical company stating there isn't any refrigerant in lines. (ONLY FOR CENRAL A/C)
DERM approval (ONLY FOR COMMERCIAL DEMO)
*Separate permits for sewer cap, septic tank abandonment and temporary fence required as well.
Roofing
2 copies of roofing packet
DERM approval (ONLY FOR COMMERCIAL)
Swimming pools
2 copies of survey
2 set of drawings of pool
HRS approval (ONLY IF PROPERTY HAS SEPTIC TANK)
Generator
Must have applied and been approved by the Planning & Zoning Department
2 copies of survey
2 set of drawings of generator
DERM & Fire (ONLY FOR COMMERCIAL)
Wood Decks
2 copies of surveys showing the location of where the deck will be going
2 set of drawings showing details of how deck is being built.
Signs
2 copies of detail of signs (SIGN MAY REQUIRE PLANNING BOARD APPROVAL)
Awnings
2 copies of shop drawing of awnings (AWNING MAY REQUIRE PLANNING BOARD APPROVAL)
84
Driveways, walkways, resurfacing
2 copies of the property survey and highlight the location of the work.
2 copies of the details (INCHES OF SAND, LIMEROCK, ETC.).
*For commercial sites, you must show parking spaces and handicap spaces.
*If you are doing the approach you must pull a permit with Public Works as well.
Sheds
2 copies of State product approval of shed.
2 copies of survey showing where the shed is to be located and mark how far from the setback
Demolition of single family home/commercial building
2 copies of survey of property
FPL disconnect letter
Letter from mechanical company stating there isn't any refrigerant in lines. (ONLY FOR CENRAL A/C)
DERM approval (ONLY FOR COMMERCIAL DEMO)
*Separate permits for sewer cap, septic tank abandonment and temporary fence required as well.
Roofing
2 copies of roofing packet
DERM approval (ONLY FOR COMMERCIAL)
Swimming pools
2 copies of survey
2 set of drawings of pool
HRS approval (ONLY IF PROPERTY HAS SEPTIC TANK)
Generator
Must have applied and been approved by the Planning & Zoning Department
2 copies of survey
2 set of drawings of generator
DERM & Fire (ONLY FOR COMMERCIAL)
Wood Decks
2 copies of surveys showing the location of where the deck will be going
2 set of drawings showing details of how deck is being built.
Signs
2 copies of detail of signs (SIGN MAY REQUIRE PLANNING BOARD APPROVAL)
Awnings
2 copies of shop drawing of awnings (AWNING MAY REQUIRE PLANNING BOARD APPROVAL)
City Commission Agenda Item Report
Meeting Date : September 4 , 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
Agenda ttem No:13.
A Resolution and Notice of Intent to consider a Development Agreement and to authorize the City Manager to
enter into such agreement with Alta Development LLC for a large-scale mixed-use development located at 6075
SW 72nd Street, South Miami , Florida , with 203 residential units , proposed building intensities of 2 ,441 square
feet of commercial space and 3,678 square feet of restaurant, proposed population densities of 499 people, a
parking garage and a proposed height of 100 feet; a copy of the proposed agreement is available in the City
Clerk's office . 3/5 (City Attorney)
Suggested Action:
Attachments :
Reso l u tion approving Alta Dev Agreement.doc
Miami Daily Business Review Advertisement.pdf
Miami Herald Advertisement.pdf
1
85
City Commission Agenda Item Report
Meeting Date: September 4 , 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
Agenda ttem No:13.
A Resolution and Notice of Intent to consider a Development Agreement and to authorize the City Manager to
enter into such agreement with Alta Development LLC for a large-scale mixed-use development located at 6075
SW 72nd Street, South Miami, Florida, with 203 residential units, proposed building intensities of 2,441 square
feet of commercial space and 3,678 square feet of restaurant, proposed population densities of 499 people, a
parking garage and a proposed height of 100 feet; a copy of the proposed agreement is available in the City
Clerk's office . 3/5 (City Attorney)
Suggested Action:
Attachments:
Reso l u tion approving Alta Dev Agreement .doc
Mia m i Daily Business Review Advertisement.pdf
Miami Herald Ad v ertisement.pdf
1
· .
MIAMI DAILY BUSINESS REVIEW
Publ!sned Dally except SalUll1a y Sunday and
L~a1 Hoh6ays
Miam i Miam i-Dade County Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the unde rsigned authority personally appeared
GU ILL ERMO GARCIA. who on oath says thai he or sh e Is the
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Business Rev iew ffk1a M iam i Review, a da lly (e xcept
Saturday. Sunday and legal Holidays) newspaper,
publIShed at Miami In MlarT\l-Oade County. Flonda thai the
attached copy 01 advertisement, be ing a legal Advertisement
of Notice in the mailer of
NOTICE OF PUBLIC HEARINGS· CITY OF SOUTH MIAMI·
AUG . 21. 2018
In the XXXX Court,
was published in said newspaper In the Issues o f
081101201S
Affiant further says thai the said M iami Dally Business
Review IS a newspaper published al Miami, in said Miam i-Dad
e County. Florida and that the said newspaper has
heretofore been continuously pubhs hed In said Miami-Dade
County. Florida each day (except Saturday , Sunday and
legal HolidayS) and has been entered as second clas s mal l
mane r at th e post office In Miami In said Mia mi-Da de County
Fronda , lor a period 01 one year neXl preceding the first
publlCa\lon 01 the allached copy 01 advenlsement. and affiant
further says that he or she has neither paid not proffilsed any
person . firm or corporation any disco un t lebate comlTllSSlon
or re lund lor the purpose 01 secunng thiS advenlsemenl 101
~LP",~~
GUILLERMO GARCIA personalty known 10 me
""~;:':;;;;~. BARBARA THOMAS (?'-f.'1\:~ Commission n GG 12 1171
l~~.~·:,,:.f ~xpifes Novembe r 2. 2021
···:::r.·~:i:;~·· B."ndod Thr u TrCl Fain InwrallCe 800-36~ IG19
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of th e City of South
Miami. Florida will conduct Public Hearingls) at its regular City Commission
meeting scheduled for Tuesday, August 21 , 20 18. beginning at 7:00 p.m.,
in the City Commission Chambers. 6130 Sunset Drive, to consider th e
fo ll owing item{s):
A Resolution and Notice of Intent to consider a Development
Agreement and to auth orize the City Manager to enter into such
agreement with Aita Deve lo pment LlC for a large-scale mixed-use
development lOcated at 6075 SW 72nd Street, South Miami, Florida,
with 203 res ldentlal units, proposed build ing intensities of 2,441
square feet of commercial space and 3.678 square feet of restauran t,
proposed population densities of 499 people, a parking ga rage and
a proposed height of 100 feet: a co py of the proposed agreement
is available in the City Clerk's office.
AIl Ord inance amending the City of South Miami Comprehensive
Plan to amend the goals. objectives, and policies for the following
Comprehensive Plan Elements: Future land Use, Transportation,
Housing, Infrastructure, Conservation, Recreation and Open Space,
Intergovernmental Coordination, and the Capital tmpro vement Bement
and the Supporting Documentation.
ALL interested parties are invited 10 attend and will be heard.
For further infonnalion. please con tact th e Ci ty Clerk 's Office at
305·663-6340.
Nkcng a A: Payn e, CMC
Ci ty Clerk
Pursuant to Florida Statutes 286.0105, the Ci ty hereby advises the publ ic
tha t if a person decides to appeal any decision made by th is Board. Agency
or Commissio n with respect to any matter considered at its meeting or
hearing . he or she will need a record of the proceed ings. and that for such
purpose. affected person may need to ensure that a verbatim record of the
proceed ings is made wh ich record Includes the testimony and evidence
upon Which-the appeal is 10 be based .
8/10 18-104/0000339202M
25
86
MIAMI DAILY BUSINESS REVIEW
PubI!sned Oady except Salurt1a)' S~.no
L~HoIl6ay~
MIM'tI Msam l-OBOe County FlorlOa
STATE OF FL ORIDA
COUN TY OF MIAMI·DADE:
Before Ihe undersigned authority personally appeared
GU ILLERMO GARCIA, who on oalh says thai he or she Is Ihe
DIRECTOR OF OPERATIONS. Legal Notices of Ihe Miami Daily
Business
Saturday.
publiShed
RevIeW flIua Miami Re'Jiew , a dally
Sunday and legal Holidays)
at Miami In MIaIT\J·Dade County , Flonda
{except
newspaper,
that Ihe
anached copy 01 edvertlsemenl. be ing a legal Adver1lsemem
of Notice In !he mailer of
NOTICE OF PUBLIC HEARINGS· CITY OF SOUTH MIAMI·
AUG . 21 , 2018
in the XXXX Coun,
was published In said newspaper In Ihe Issues 01
08/10(2018
Affiant lurther says thai the said Miami Dally BUSiness
ReView IS a newspaper pubhshed al Miami, in said Miaml·Dad
e County, Flonda and Ihal the said newspaper has
heretofore been cominuously pubhshed In said Miami-Dade
County, Flonda each day (except Saturday Sunday and
Legal Holidays) and has been enlered as second class mall
maner al the POSI office In MlarTll In said Miami-Dade County
Flonda, for a period 01 one year ne)(t preceding (he first
pubhcatlon 01 the allached copy 01 advenlsemem and affiant
further says ltIat he or she has neither paid I"lOl' pfOtnJsed any
person, firm or corporation any discount rebate commtSSlon
Of refund for the purpose of securing thiS advenl sement lor
pobloconon ,n .he "'''' newspape' c-=>
~~~~
GUILLERMO GARCIA personalty knO\.-m 10 me
••• ~::;-;;;; •• _ BARBARA THOMAS
{{}~-~~~ Commission t: GG 121171
~~~~~;;/ eXPires No ... emb!H 2, 2021
···.f.1r~:i~~.·.. B"ndad TlVu Troy-Fain Inwranu 6oo ·3B 5 1019
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBV given that the City Comm ission of the City of South
MIami, Florida will conduct Public Hearing (s) at its regular City Commission
meeting scheduled for Tuesday, August 21, 2018, beginning at 7:00 p.m.,
In the City Commission Chambers, 6130 Sunset Drive, 10 consider the
following Ilem{s):
A Resolution and Notice of Intent to consider a Development
Agreement and to authorize the City Manager to enler into such
agreemen t with Alta Deve lo pment U.C for a large·scale mixed-use
development lOcated at 6075 SW 72nd Street, Sou th Miami . Florida.
with 203 resIdential units. proposed build ing inte nsi ties of 2.4 41
square feet of commercial space and 3.678 square feet 01 resta urant,
proposed popula tion densities of 499 people, a parking ga rag e and
a proposed height of 100 feet: a copy of the proposed agreement
is available In the City Clerk's office.
An Ordinance amending the City of South Miami Comprehensive
Plan to amend the goals, objectives, and policies for the following
Comprehensive Plan Elements: Future Land Use, Transportation.
Housing, Infrastructure, Conservation, Recreation and Open Space,
Intergovernmental Coordination, and the Capital Improvement Bement
and the Supporting Documentallon.
ALL Interested parties are invited to attend and \vill be heard.
For further infonnation, please con tac1 th e City Clerk 's Office at:
305-663·6340.
Nkenga A: Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.01 05, the City hereby advises the public
thaI jf a person decides to appeal any decision made by this Board. Agency
or CommissIon \vith respect to any malter considered at its meeti ng or
hearing, he or she will need a recOfd' of the proceed ings. and that for such
purpose, affec ted person may need to ensure that a verbatim recor d of t he
proceed ings is made which record Includes the tes timony an d evi dence
upon whlc~l he appeal is to be based.
8/10 18·104/0000339202 M
25
'"' I Local &-Siale I m ~lllli !i rm~
C ITY OF SO UTH MIA M I
C O URTESY NOTI C E
~OTl Cr. IS HE RE BY given Ihal the CIty Co mmi ~s 'o n
elf Ihe City of 50mh M iam i. Aorida ...... ill eu ndue l Puhlk
Hearing(s) ;1\ iL~ rc£ular Cil}' Commission meelin£ scheduled
ro r T uesday. Aug ust 21 . 2018, ocginnin g al 7:00 p .m ... in Ihe
CilY Cmnmission C h am hel"1i. 6130 SUnSel Drive. HI consider
the roll o wing ile m (s):
A Resolulio n and Notice of IDle m to consider a J)c1 'elopll1em
AgreclIle!U and W :tluhul"ize Ihe City Manager 10 enlel
inlO suc h agreemenl wi t h Ah~ Development LLC fo r a
lalge·sea1c miJlcd-use development IOC:IIC d :11 6075 SW
72 ,04 Slreet. S(lulh Miami. Flori da. lI'ilh 203 resilleutial
IlIIl1 S, proposed building inte\lsi tie.~ of 2.4 4 1 squ~re fcel
nf eOlm Tler ci :d sCMce :lnci 3.678 sqU:lre fe el o f reslaunull.
pruPllSCU popuialiull densilies of 499 people, ~ parking
ga rage ;tnd a proposed height of 100 feet: :l cupy nl Ih e
prnpo~ed !!1:1I."emcnL is <Il'aii:Jh1c in lhe Cily Clerk'S office.
An Ofdin~nc e amcnd ing the CilY uf SUlllh M bmi
Comprehensive Plan [0 amend Ihe soal~ .. objeL""tive\,
and polieie~ fo r Ihe follow inS Comprehensive I'l:In
Eletnenls: FUlure Land U~e, Tr<lIl Spon;lIiIl1l. Hllu .~in£,
[n fraM01Clure. C ons er .... a lio n.. Recreal ion and Open
Space. In lergovemmetlta l Coordination. a nd the
Capil:tl Im pru\""emcnI Ele111 e l1l and the Suppurtiltj!
DOC"umenlauon ..
ALL mlcfc.sled partie" arc !fivilcd 10 allel1d and 11'111
be he~rd .
For futther infonnauo n. please contaellhe ClIY Clerk"~
ortiee at: 305-66 3 .. 63-10.
l\l.:enga A. Pil)"nc .. Co.K
CilY C lerk
f'ur sulml lu Flurida S[atule. 2116.0105. lhe ("II)' hcreb)' au\'bes
[he pu hlic [hal if a pcrsun dl""<.:tdcs III appcal any UeciSlllll made
by this Hoard. Agency or Comnll s.~ion ..... 1111 rC<pc<"t to any 11I31[ct
considered al ils meeling or hcaring .. he or she will need a re euru
uf Ihe prucccdings. aml Ih:"l fur .~uch purpmc, a ffc(·h:t.l pt:r~lln may
lIe ed 10 ensure that a verbatim record o f lhe p!occcding~ b made
wh i~h re':lm[ itlclude~ Ihe IC~limllny !tlld (I'lden.:c uplln ..... h l ~h Ih e
appeal i.' to b~ based.
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~2 years or older. don't miss out!
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FROM PAGE lilA
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HUGE DISCOUNTS ON
EVERY FABRIC IN STOCK!
Boca Bargoons has thousands upon thousands of rolls of
the wor1d ~ finest decorative fabrics for your home.
-y.-
h""'15% I 1 nlfl on 1
a ny lingle Il tm In n odi
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(hoo\! r '~m th! Imll (oI~f\ I'd I'Ittf1Tll'
(rypton Sunbrefla Marine Vinyl
No ont but s Bo(a Ba rgoo ns f or Selectio n,
Quality, & Va lue
10} (Jdfrdtroliltw, ~ Bt.a.,n 1MXl11 (.+.atr.s inJn GUl!utiJ!\1OOtOO:l
('1)41.)6·1300 ~kn. .. s.n.l()'S:30
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26
87
12A l.oeal & Slale
CITY OF SOUTH MIAMI
COURTESY NOTICE
~OTl CE IS H E R E BY givcn thaI Ihe CIty Commi5 ~UJll
I1f the Cit y of SOUlh Mia mi. Rorida will conduct Puhllc
Hc aring{s ) ;11 il~ reS\l!~r City Commis~ion meelins ~ehe d ulcd
fo r Tu esday. August 21 . 20 18, Ix-ginning;u 7:00 p.m .. in th e
City Cummi . .;;sinn C h aml1 er.i, 6130 Sun~el Dnvc, IU eomiucr
thc following itcm(s):
A I~csolulio n and Notice or Inte nt to consider a D("'elopllIenl
,\grecme11l and to ;l1uh ll l'i ze lhc Cil), Man ager \1) cnlCI
into s uc h ag reement wilh Ah~ Deve lopmenl LLC fo r II
l:ugc-sea1c miJled·use dcvelopmclll 10cat ~d :n 6075 SW
721>l Street. Snuth Miami, Ilorida. wilh 203 rcsidclltinl
linu s, p ropo~ed bU ildin g inte\\sitie.~ of 2.4 41 ~(Illa re feel
or eO lll1Tl el'ci :d s pace :Inrl 3.678 square [eel of res lalln!!".
fl flljlused populali<JII dcnsilies of -1 99 pcuplc, n parking
garage and a proposed heighl of 100 fcel; ,I cup)' ot the
p rnp(l~e tl a1:!l."emClll is avai lahle in the Cily Clerk' S offiec.
An Ordinance amending th~ Cit)' IIf SlillIh M iami
Comprehensive Plan to amend the gnal .~. objcc li \'e~,
and polieie~ far tlte followi ng Comprehensive I'I:m
Elemcnls : FUiurc Land U~~, TranSpllmtliull. Htlu .~in);,
[n fra~tnlCl u r e. Con~er\'ation. Recreallon and Open
Span", [IllCfgove mmenla[ Coordi nallon. and Ihe
Capil:" Im plll \"emcni Elcmelll alld the Suppul1illt;
Document:lUon.
ALL Interested part ie" arc 11lVilCd la allelld and Will
be hc~rd .
For fUt1her inronnallotl. p1e:lsc eotllact Ihe CII )" Clerk's
ornec al : 305-663·63~O .
l'\kcnga A, Pil}"IlC , C~1C
City Clerk
F'u nullnl IU Flunda Stalute. 2116 .0105. Ihe C II)' hereby ad\'hcs
lh~ puhhr lh~1 ,f a pcr5un d~ ..... ltk~ tn apjl~~l any dcri~i\", made
by ,hi~ Board. Agtnry or Comnllssion wnh re'fl'C'"l 10 any 1l1~I\c!
considcre.j ~,I liS ml."ctinl: UI hearinl:. he 0' s he .... ill need a rC CUld
uf Ihe jln1Ccedil\l:~, and thai fur _~u ch p u rp()~c, a\Tcc h;tl pt:1"\l1L may
need 10 ensure Ihat a "Clbali m reeurd ur the p",cceding~ I~ maue
which rc~!ml IIlclut!e~ Ihc tcslimnny and n 'hkn ..... c upon wh ,ch Ihe
nppeal i" 10 b~ ba~cd.
Don't be af ra id of the future l I _ If you're a homeowner and
~2 years or older. don't miss out!
BEN EFITS OF
REVERSE
MORTGAGE
• No monthly payments requIred
• Pay for property taxes and Insurance only
• Receive I:llwnp 1Ium, monthly payments or Iinll of credIt
• Medlc.ore and Sodal Security benefit5 are net affeded
• RtA Insured loan
And gives you peace of mind
S""C&;);t4I "''''1g~.1fIe..
9240 SW 12 SL SuIIe 2O<.1hamo Fl33171
OtlO A. (lonul<tz t.MLS 10 316!>14
R_ Mc<tgagO SPlICIMII
CALL US TODAY
"'< ......
SUN CAPITAL
(305) 90n 1\809 ;""""''''~' :7"V ;www.suncapil il lmlll.com
FROM PMi1 19A
NURSE
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HUGE DISCOUNTS ON
EVERY FABRIC IN STOCK!
Boca Bargoons has thousands upon thousands of rolls of
the world~ fines t decorative fa brics for your home.
-r:-
Ta"e Up to I
50:~
l~\ H'~ So(i 6"g~~n\ p'~fn~Otl.h h~lp 'rlyrb'loh ,w'
00,,\ (ulhl~l, b~d~.n<j. wmdow UWmrr,l\ & mm.
(hoOll r'~m \It~ I~!rl: (oi~l\ ."~ ~ll rm\1
(rypton Sunbrefla Marine Vinyl
No one buls Bo(a Bar!loon~ f or Selectio n,
Quality, & Value
]OJ IIdrtdlr. tt.vy ~ St.m,n llOOll (,+,acu in:Jm ~.¥TlRacrlOOl
('1)4 1.)6·13lX1 ~kn·~ 1()'S:30
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26
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88
111111111111111111111111111111111111111111111
DEVELOPMENT AGREEMENT
CFN 2018ROS62648
DR 8K 311~1 PIS 4591-4625 (29P.s)
RECORDED 09/14/2018 15 :38 :03
HARVEY RUVIN, CLERK OF COURT
"IAnI-DADE COUNTY, FlOR£DA
Between
ALTA SUNSET, LLC. ,a
Florida limited liability company
and
CITY OF SOUTH MIAMI, a
Florida municipal corporation
DATED AS OF ~j.g'" 13 20JL
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89
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is executed as of this 12:tlt
day of S-b, h ,y-. 20J!r. by and between the CITY OF SOUTH MIAMI. a Florida :
municipal corporation ("C ity") and, Alta Sunset, LLC, a Florida limited liability company
("Deve loper"),
RECITALS:
A. Developer has entered into a long~tenn ground lease for the Property morc
particularly described in Exhibit A attached hereto (the "Property").
B. Developer has app lied to the City Commission for approva l of a Specia l
Exception to allow a project within the TODD (MU-S) of more than 40,000 square feet,
consisting of 203 residential units, 2,441 square feet of commercial space and 3,678 s quare feet
of restaurant at the Property (the "Project") pursuant to Section 20-8.9 of the City's Land
Development Code ("LDC").
C. The City has found that the development permitted or proposed is consistent with
the local government's comprehensive plan and land development regu lations;
D. Section 20-8.9 of the City's LDC requires a Deve lopment Agreement to be
entered into with respect to the Property which grants certain assurances regarding the
construction , operation and maintenance of the propo sed Project.
E. 1be City and Developer des ire to enler into thi s Agreement for the purpose of
providing the terms and conditions on which th e Property is to be developed.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Developer hereby mutually covenant and agree as
follows :
ARTICLE I. EXHIBITS, DEFINITIONS. AND FURTHER ASSURANCES
Section 1.1 Exhibits. Attached hereto and forming a part of this Agreement are the
following Exhibits':
Exhibit A Legal Description of Property
Exhibit B Special Exception Approval,
City of South Miami Resolution No. 074-I 8-15 I 07
Exhibit C Development Schedule
Exhibit D Permits required for the Project.
I To the extent that any exhibit is in conflict with the language and terms of the Agreement, the
language and terms of tht.! Agreement shall govern.
Page 2 of 27
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90
Section 1.2 Defined Terms . In addition to other tenns defined in thi s Agreement, as used
herein the term :
"Acceptable O perator" is defined In the Standards of Operation for each project
component.
"Affiliate" or "affiliate" mean s with re spec t to a ny Person (i) any Person directly o r
indirectly contro lling, controlled by or under common control with such Person (ii) any officer,
director, general partner, member; manager or trus tee of s uch Person o r (ii i) any Perso n who is
an officer, directo r, general partner, member , manager or trustee of any Person described in
clauses (i ) or (ii) of thi s sentence. Fo r purposes of this definition, the terms "controlling,"
"controlled by" or "und er common control with" s hall mean the possession, direct or ind irect, of
the power to direct or ca use the direction of the management and policies o fa Person o r entit y,
whether through th e ownership of voting securit ies, by contract or otherwise, or the power to
elect at le ast fifty percent (50%) of the d irectors, managers , genera) partners, or persons
e xerci sing similar authority with respect to su ch Person. For purposes hereof th e term "Person"
shall mean any legal e ntily, (including corporations and limited liability company), any
association of individual s or busi ne ss entitie s, any trus t (includi ng business tru st, real estate
investment trus t, common law trust , o r other trust), an y partnership (including general
partnership. limited partnership, limited liability limited partn ership, limited liability
partnership), j o int venture, or two or more person s or entiti es (or any combination thereof and
the e sta te s of any of those individuals) having a joint or commo n economic interest, o r any
indi vidual (o r estate o f such individual).
"Agreement". means thi s Development Agreement, as the same may be modifi ed o r
amended from time to time.
"Appli cant". means the person who a pplied for a spec ial exception a pprova l o f th e
Project.
:.cJ.ty: unless o therwi se speci fi ed or required by the context, mean s the C ity of So uth
Miami .
" City Manager" means th e City Manager of the City of South Miami .
"Completion D a te" mean s that d ate o f substantial completion as d efined by Section 20·
8.9 of the LDC .
"Developer" means Alta Developers, LLC, the long tenn ground le ssee of th e Property,
with ex press conse nt fro m Sunset-Miami Inv es tment , In c., a Flo rida corporation, the Owner of
th e Property.
"Developer Improvements " consi s ts of the improve me nts contemplated to be cons truc ted
by Developer pursuant to the Regulato ry Plan s.
"Event of Defau lt " has th e meaning as cribed to it in Secti on 3.3 .
"Lender" means any lend er, and any succe ssor, assignee , trans feree o r designee of s uch
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lender, which provides financing, secured or unsecured, in connection with the Project , which
shall include , without limitation, any mortgage e.
"Project" shall mean the improvements developed by Developer on the Property pW's uant
to the Regulatory Plans.
"Regulatory Plan s" shall have meanin g set forth in Section 2.1 .
"Section". "Subsection", "Paragraph", "Subparagraph". "Clause", or "Subcl aus e"
fo ll owed by a number or letter means the section, subsection, paragraph, s ubparagraph , clause
or subclause of this Agreement su designate d.
Section 1.3 Approvals and Consents . Wherever in this Agreement the approval or consent
of any party is required, it is understood and agreed that. except as otherwise spec ified , such
approval or consent will not be unreasonably withheld or delayed.
Section 1.4 General Conditions
1.4.1. Any deve lopment of the property wi ll be in sub stantial compliance with the
documents s ubmitted including : Letter of Intent from In es Marrero-Prie gu es d ated August II ,
2017; Application Book con s is ting of a s urvey prepared by Fortun , Leavy, Ski les, Inc. dated
7/2 7117 ; Re nderings date d 9/20/17 (Sheets R -1.0 through R-1.2), Site Photographs (Sheets CP-
1.0 and C P-2.0); a Zoning Chart dated 8111 /17 (Sheet A -O .I ) a s it e plan data sheet (A-1.00); Floor
and Roof Plans (Sheets A-I .OO through 1.07); building elevations (Sheets A-2.0 I and A-2.02); a
building sec tion drawi ng (Sheet A-3.01); and Planter Details (Sheet A-4.0) all signed and sealed
by Roberto Behar (9 -20-17); and a Tree Disposition Plan dated 10/10/17 (Sheet TD-I) and
land scape pl a ns (Sheets L-I through L-4) dated 8/8/17 prepared by Witkin Hults Design Group;
and a Traffic Impact Study and Parking Study both prepared by Richard Garcia &
Associates. 1.4.2 . All documents su bmitted with ap plication for Special Exception are to be
made part of this Agreeme nt.
1.4.2. All documents s ubmitted with thi s application are to be made part of the record .
1.4.3. Any improvements in the Public Right~of-Way shall be approved by the applicable
agency (FOOT, Miami-Dade County andlor City of South Miami).
1.4.4 . All impact fees sha ll be paid prior to issuance of building pe nnit.
1.4 .5. The Developer s hall provide a letter acknowledging compliance with the appl icable
Level of Services requirements prior to the iss uance of final permit to the property. If any
concurrency approva ls expire a re-review shall be required by the appropriate agency.
1.4.6. Any changes that increase densities, inten s ities or population s hall require a new
Concurrency Analysi s.
1.4.7. Developer shall submit verification from Miami -Dade County that the proposed
new development has been reviewed and approved for a ll access management considerations
prior to site plan approval.
1.4 .8. Flood e levations shall be reviewed and approved for consistency with FEMA
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requirements and the City's National Insurance Flood Program Ordinance prior to building
pennit approval.
1.4.9. The Developer shall comply with applicable conditions and requirements by
Miami-Dade County Public Works Department, Fire Rescue Department, Department of
Regulatory and Economics Resources -DERlvl (DRER), Miami-Dade County Water and Sewer
Department, and FDOT.
1.4.10. The Developer shall execute and record in the public records of Miami-Dade
County, a Development Agreement and a Maintenance Covenant, in a fonn approved by the City
Commission and City Attorney, which complies with the requirements of Land Development
Code Section 20-8.9.
1.4.11. The Developer shall execute and record in the public records of Miami-Dade
County, a restrictive covenant, in a fonn approved by and subject to the review and approval of
the City Manager and City Attorney, which contains all commitments made and conditions
imposed as part of the approval of the Applications.
Con s truction General Conditions
1.4 .12. A Construction and Maintenance of Traffic (MOT) Plan s hall be providcd by the
Applicant to the Public Works Departments for approval prior to start of construction . Access
points by construction vehicles shall be provided within the MOT.
104.13. The Developer shall provide a Construction Air Quality Management Plan to the
Department prior to the start of construction,
1.4.14. A Construction , Demolition and Materials Management Plan (CDMMP) must be
s ubmitted by the Developer at time of building permit.
1.4.15. Construction s hall only take place Monday through Friday during the hours of 8:00
a.m, and 5:00 p.m. or in accordance with Section 7-16 of the City of South Miami Code of
Ordinances, whichever is more restrictive.
Landscaping
1.4.16. The Developer shall 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), ifany.
1.4.17, The property shall be landscaped in accordance with the landscape plan, included
with the site plan submittal, and approved by the Environmental Review and Preservation Board.
1.4.18. Pursuant to Sec. 20-4.5 and 20-4.S.1, as may be amended, the Developer shall
provide mitigation for all trees to be removed in accordance with City requirements.
Environmental
1.4,19. The Developer shall meet the requirements of the Miami-Dade County Water-Use
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Efficie ncy Standards Manual, effective January 2009, as may be amended fr o m tim e to tim e.
1.4.20. All storm water drainage systems shall be maintained in working o rd er at all times
to avoid loca li ze flooding during and after a sto rm . Parking sha ll be pro hibited on top of any
drainage inlet o r dra inage manhol e.
Architecture
1.4 .2 1. Final approval of all plans must be o btained from the Env ironme ntal Review and
PreselVati on Board, as re quired by Codc.
Mi sce llaneo us conditions
t .4.22. Developer sha ll comply wit h a ll requirements set forth in Section 20-8 .9 in addi tion
to th ose se t forth in the Resolution approv in g the Special Excepti o n granting the development of
the Project unle ss th ere is a conflict, in wh ich ev ent Section 20 -8.9 shall take precedent. A copy
of the Resoluti o n is anac hed as Exhibit C to th is Agreement.
1.4 .23 If durin g th e r eview process it is determined that the d eve lopment, as proposed, will
potentiall y cause adverse impact, the Planning Department shall re commend remedial measures
to e limin ate or reduce, to th e extent poss ibl e, these impacts. Development projects that are
reco mm end ed for remedial meas ur es will not be required to submit a new a pplication unless it
is determined by the Department th at additional change s which would have the effect of
increas in g d ensiti es, sq uare footage or alter ing the he ight or us e of a Development have been
made. Remedial m easures may include , but are not lim ited to:
1.4.13 .1 Add itional sc reening or buffering;
1.4 .13 .2 Additional landscaping;
1.4.13 .3 Building o rientati o n;
1.4.1 3.4 Relocation of proposed open space, or alteration of the use of such space;
1.4.13 .5 Pedestrian and bicycle safety and access;
1.4.1 3.6 C hanges to ingress and egress;
1.4.13.7 Addressing traffic flow to and fr om the develo pment to avo id intm sio n
on local s treets in nearby sing le family residential areas ; or
1.4.1 3.8 Improvem ent of the street s adjace nt to the project , if applicable.
ARTICLE II.
Sectio n 2.1 Development Plan s: De veloper and the City ac kn owled ge and agree th at the
Property s hall be developed in substantial conformance wi th the architectura l plans prepared by
Behar Font, Architects, entitled "6075 Sunset Drive", and s igned and sealed by Robert Behar
on 912012017 , and the land scaping plans dated 8/8/17 and tree di spos ition plan dated 10 /10 /17
both prepared by Witkin Hults Design Group, as the same may be ame nd ed , with the approva l
of th e Ci ty Commissio n, from time to tim e (collectivel y , the "Regulatory Plans") and the term s
and conditions of thi s Agreement ; it be ing agreed that any amendments to the Regulatory Plans
s hall comply with th e City's process for amending a site plan .
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Section 2.2 ~ The following uses shall be pennitted on the Property. No si ngle u se
in the T.O.D.D. Zone shall exceed a gross fl oo r area of eighty thousand (80,000) s quare feet,
except residential u ses (See LDC Section 20-8.9(F»).
2.2.1 The Commercial space, consis ting of 3,678 square feet of restaurant a nd 2,44 1
square feet of retail u ses, will be located on the ground floor of the Sunset Drive fa~ade, and
wrap around the comer of the building to also face onto SW 6lst Avenue .
2.2.2 A total of 203 residential units shall be located on the upper levels of the building
and the ground floor level of the northern portion of the building. The unit mi x consists of
townhomes, studios, and one, two, a nd three-bedroom units of varying sizes as follows:
BREAKDOWN OF RESIDENTIAL UNITS
Un it Type N umber Average U nit Mix
of Units Size (S-Fl (%l
1 Bedroom 102 738 50%
2 Bedrooms 72 1,077 35
3 Bedrooms 8 1,433 4
Studio 14 566 7
Townhomes 7 93 1 3
UNIT 203 100 TOTAL
2.2.3 Six of the townhome units s hall be lo cated on the ground floor adjacent to
SW 7pt Street and the seventh adjacent 6pt Avenue. These units shall be accessed from
both the ground floor parking area and from the right-of-way.
2.2.4 Tenant amenities s ha ll include a dog park, poo l dec k, and common areas shall
be provided on the upper levels of the building.
2.2.5 A total of 303 on-site parking spaces shall be provided to serve the building.
Access to the parking garage is obtained via SW 7pt Street and parking makes up the
second through fifth levels of the northe rn portion of the building. Ground-leve l parking
and loading areas are accessed via 61 5t A venue.
2.2.6 The building s hall be a maximum of eight (8) stories in height along Sunset
Drive and step down to fifty-two (52) feet a long 71 51 Street.
Section 2.3 Development Schedule. It is currently contemplated by Developer that the
Property shall be developed in accordance wit h the time frames set forth on Exhibit B attached
hereto.
Section 2.4 Public Open Spaces. All public open spaces indicated on the Regulatory Plans
(the "Public Open Spaces") will be open to the public in perpetuity, subject to (a) closures
required from time to time for replacement and repair and (b) reasonable limitations on hours of
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operation as established by Developer from time to time. The Public Open Spaces will be
maintained by Developer at a level of quality equal to or highe r than City's standards for
municipal public open s paces in effect on the date here of.
Section 2.5 Parking . Parking shall be provided as set forth above and pursuant to the
Regulatory Plans. A minimum of 203 of the on-site parking space s will be designated for the
203 re s idential units within the Project. Res idential parking decals and parking cards will be
issued to re sidents for the vehicle to be park ed in the residential parkin g area, which shall be
segregated from the commercial /visitor parking area by a card o nl y access mechanical gate. A
minimum of one decal shall be issued to each residential unit.
ARTICLE III. LAND USES
Section 3.1 Land Uses. Developer and the City agree, for themselves and their
s uccessors and assigns, during the term of this Agreement, to devote the Property and Developer
Improvements only to the uses speci fied in this Agreement and to be bound by and comply with
all of the provi s ions and conditions of thi s Agreement.
Section 3.2 C haracter and Operation Standard s of Property and Developer
Improvement s . The parties recogni ze and acknowledge that the manner in which the Project is
developed, operated and maintained are matte rs of critical concern to the City. Therefore, the
De ve loper 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 , repa ir and appearance and in a manner and in compliance with all applicable federal,
state or local laws, rules, regulations, codes or ordinances. To help accomplish this re s ult ,
Developer will establish s uch rea sonable rules and regulations governin g the use and operation
of the Project an d by tenant s therein as Developer s h a ll deem necessary o r desirable in order to
ass ure the level of quality and character of operation of the Project requi red h erein , and
Developer will us e a ll reasonable efforts to enforce such rules and regulations. However,
nothing contained herein shall be o r be deemed to be any contract or agreement by the City, in
its municipal capacity, to g rant approvals for th e Proj ect or with res p ect to any zoning decisions
affecting the Project.
Section 3.3 Failure-Pe rforman ce of Covenants.
3.3 .1 In the event the De veloper fails to perform in accordance with or to comply with
any o f the covenants, conditions and agreements which are to be performed Of complied with by
the De ve loper in this Agreement ("a Default") and fa il s to cure the default within thirty (30) days
("the C ure Period") after recei v ing written n otice of the default o r fail s to us e all due diligence
in commencing the cure and in proceeding to effectuate the cure. If the D eveloper is unable t o
time ly cure the default after receiving written notice, the Owner may request an extension of
tim e fro m th e City Commission which sha ll be granted ("Exte nded Cure Period") upon
presentation of s ubs tantial competent evidence establi shin g th e Owner's good faith and due
diligence, jus tifiable reasons for the delay and th e am o unt of tim e needed to cure the default. In
the event that the D eve loper fails to cure the default within the Cure Period, or within the
Ex tended Cure Period, w hichever is greater, such fai lure shall constitute an Eve nt of Default and
a fine s hall be assessed against t he owner in the amount of one hundred fift y doll ars ($150.00).
or s uch amount as may be se t forth in th e C ity Fee Schedule, for each day the owner remain s in
defllull thereafter.
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3.3,2 In the event that a fine is assessed against the Developer , or the City incurs a ny
expense toward s curing the default, the City sh all have the right to file a lien , or a continuing
sp ecial assessment lien , as may be applicab le , against the property and file a lien foreclose action
for the full amount of money incurred by the City for said expense as well as for any fi n e that
has been assessed. The City's lien s hall be pe rfected upon being recorded in the land r ecords in
Miami-Dade County, Florida and s hall be of equal rank and dignity as the lien of Cit y's ad
valorem taxes and s uperior in rank and dignity to all other li e ns, e n cumbrances , titles and c la im s
in, to , o r agai nst the land in que stion , unless in conflict with s tate statu tes or Miami -Dade County
co de .
3.3.3 The City s hall have th e right to proceed against the Developer to collect the ahove-
d escribed costs and expenses with out re so rting to a lien and/or li en foreclosure . The City's
remedies shall include all tho se ava il able in law or in equity, including injunctive relief. The
exercise of one available remedy shall no t be deemed a waive r of any othe r available r emedy.
Section 3.4 Unavo id able Delay or Force Maj e ure . Notwithstanding any of the provi s ions
of th is Agreement to the contrary, an d except as provi ded herein , neither t he C ity nor Developer,
as the case may be , nor any successor in in te rest, s hall be cons idered in breac h of or in defau lt
of any of its ob li gations , incl ud ing, but not limited to , th e preparation of the Property fo r
devel opment, or th e beginning and completion of construction of the Developer Improvements
o r the Offsite Im provements , if any, or progress in respect th ereto, in the event of unavoidable
d elay in the performance of s uc h obl iga t ions due to stri ke s,lockouts, ac ts of God , unusual delay
in o btainin g or inability to obta in labor o r material s du e to governme ntal restrictions, enemy
action, civil co mm otion , fire , hurri cane, sabolage, unavo id able casualty or other simil ar caus es
beyond the reaso nabl e contro l of a pa rt y (not including s uch party's in so lve ncy or financial
condition o r a nyt hin g that causes a default in a ny Project finan c in g o r difficulty in o bt aini ng
financi ng), and th e applicable time peri od s hall be e xtended for the pe ri od of unavoidable delay ;
provided, howeve r, with respect to any unavoidable delay that re sults in any damage to the
Developer Improvements or the Offsite Improve m ents , if any , the time periods shall be extended
for the following periods of time: (i) th e time period from th e date of the event cau s in g the
unavoidable d elay through and including th e da te the Developer receive s the insuran ce proceeds
re lated to s uch damage, and (ii) fo llo win g re ce ipt of the insurance proceeds, the reasonab le time
period which is needed for Deve lope r to res tore the Developer Imp rove ment s or Offsite
Improvement s , if any, to the conditi on which existed immediate ly precedi ng th e even t cau s in g
the unavo idabl e de lay.
Section 3.5 Obligations. Rights a nd Remedies C umul ativ e . The rights , remedies and
privileges of the p a rti es to this Agreeme nt , whether provided by law o r by this Agreement, shall
be cumul ative , a nd th e exe rc ise by either party of an yone o r m ore of suc h r em ed ie s s hall neither
be d eem ed to co ns titute an e le ction of remedies, nor s ha ll it preclude the party exercising such
o th er additional rights, remedies or pri v ilege s, or from exercising at th e same or different times ,
of any o th er suc h remedie s for the same default o r breach, or of any of its remed ies for any other
default or breach by the o th er party. No wa iver made by e ither party wi th respect to perfo nnance ,
or manne r o r tim e thereo f, of any o bliga tio n of the o th er party o r any condition to its own
obligatio n under thi s Agre ement shall be co nsi dered a waiver of any righ ts of the party making
the waiver with respect to the particular o bligations of th e othe r party o r co ndition to its own
o bligatio n beyond those express ly waived in writing and to th e extent th ereof, o r a waiver in any
respect in re gard to any other ri ght s of the party making the waiver or in regard to any ob li gation
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of the other party. No waiver shall be implied by the acts or omissions of any of the agents,
officers, directors or employees of the parties to this Agreement. In the event of a violation of
the Development Agreement, in addition to !lIly other remedie s available, the City of South
Miami is hereb y aut horized to withhold any future permit s and refuse to make any in spection s
or grant any approval, until such time as the declaration of restrictive covenants in lieu of unity
oftille are complied with.
Section 3.6 Waiver of Jury Trial. City and Developer knowingly, irrevocably
voluntarily and intentionally waive any right either may have to a tri al by jury in state or federal
court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the
this Development Agreement.
ARTICLE IV. RESTRICTIVE COVENANTS.
Section 4 .1 Use Prohibitions of the Property and Developer Improve ments. The
Property s hall not be used by Developer nor shall Developer permit the use of same for th e
following: Any unlawful or illegal busin ess, use or purpose , or for any business, use or purpose
which is immoral or disreputable (including without limitation "adult entertainment
e stablishments" and "adult" bookstores) or extra-hazardous, or in such manner as to constitute
a nuisance of any kind (public or private), or for any purpo se or in any way in violation of the
certificates of occupancy (or other similar approvals of applicable governmental authorities) or
of rul es, regul ations, ordinances or laws applicable to the Property.
Section 4.2 No Di sc rimination .
4.2.1 No covenant, agreement, lea se, conveyance or other instrument concerning the
sale,lease, use or occupancy of the Property and Developer Improvements or any portion thereof
shall be effected or executed by Developer, Dr any of its successors or assigns, whereby th e
Property and Developer Improvements or any portion thereof is restricted by Developer, or any
successor in interest, upon the basis of race , color, religion, sex, national origin, or handicap .
Developer will comply with all applicable sta te and local laws, in effect from lime to time ,
prohibiting discrimination or segregation by reason of race, color, religion, sex, national origin,
or handicap in the sale, lease, use or occupancy of the Property and Developer Improveme nt s or
any portion thereof. Furthermore, Developer agrees to make accommodations for the
handicapped as required by law and that no otherwise qualified handicapped individual shal l,
solely by reaso n of hi s or her handicap, be excluded from participation in , be denied the benefit s
of, be denied access to facilities within the Property and Developer Improvements or be subjected
to discrimination under any program or activity allowed under this Agreement except as
permitted by law .
4.2 .2 Anything in Section 3.3 hereof to the contrary not with stand ing, if the City
believes th al a default ha s occurred because ora failure by Developer, its successo rs or assigns
or any subsequent owner or occupant (Le. a tenant under a residential lease or a ret a il lease) to
comply with the termS of this Secti o n 4.2. it may send to Developer and/or occupant a written
notice of intent to declare a default because of such failure (the "Pre-Default Notice"). The Pre-
Default Notice i s not a declaration of a default hereunder. If Developer and/or occupant, after
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reviewing the Pre-Default Notice (which shall specify the respects in which the City contends
that such a failure should be considered a default), believes that such a failure is not a default
under this Section 4.2. Developer andlor occupant, shall within tcn (10) days of receipt of s uch
Pre-Default Notice, advi s e the City of such detennination (which shall specify the respects in
which Developer andlor occupant contends that such a failure should not be considered a
default under this Section 4.2>. If the City is not satisfied with the response , then the City may
declare an Event of Default under this Agreement.
ARTICLE V. SIGNS
Section 5.5 Regulation. All Project signs shall be subject to the requirements of
applicable federal, state , or local rules , orders, regulations, laws, statutes, or ordinances.
ARTICLE VI. PUBLIC OPEN SPACE
Section 6. Events in and Around Public Open Spaces. From time to time, the Developer
may sponsor or similarly partner with organizations to hold temporary events in and around the
Public Open Spaces. In advance of a temporary event, the Developer shall submit an application
to the City consistent with the requirements contained in the City Land Development Code and
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ARTICLE VII. MISCELLANEOUS PROVISIONS
Section 7.1 No Partnership o r Joint Venture , It is mutually unders tood and agreed that
nothing contained in thi s Agreement is intended o r shall be construed in any manner o r under
a n y c ircumstances w h a tsoever as c reatin g or establishing the relationship of co-partners, or
creating or establis hing the r elationship of ajoint venture between the C ity and De velope r, o r as
constituting D eve lope r as the agent o r representative of the Ci ty for any p urpose or in any manner
what soe ver.
Section 7.2 Recording. Documentary Stamps. A me morandum of this Agreement. in
fonn mutually s atisfactory to the parties, m ay be recorded by e ither party among th e Land
Records of Miami-Dade County, State of Florida, and e ither party may cau se any modi fi cat io n
o r add iti o n to thi s Agreement to be so recorded, and th e cost of any s u ch recordation s ha ll b e
p aid in full by Deve loper.
Section 7 .3 Florida and Local Laws Prevail. This Agreement s ha ll b e governed by th e
la ws o f the State of Florida. This Agreement is s ubject to and shall comply with t he C harter of
th e City of South M iami as the same is in existence as of the e xec ution of thi s Agreement and
the ordinances of the City of South Miami; provi ded , however, future ordinance s of the Ci ty
s h all not affect the terms and provisions of this Agreement (i) unl ess uniformly applicable to
property s imilarly s itu a ted with the Pro perty and Developer Improve ments; provided , however,
to the extent Developer would otherwise be grandfathered or not s ubject to such ordinances if
this Agreement did not exist, Developer shall not be s ubject to such ordinances or (ii) if the s ame
shall impair the ri g hts of Devel oper or the obli gatio n s of the C ity hereunder. Subject to the
foregoing, any confli cts between thi s Agreement and the aforementi oned C harter and ordinances
shall be resolved in favor of the latter. If any tenn, covenant, or co ndit ion o f this Agreement or
the a pplication thereof to any person or circumstances s ha ll to any extent, be illegal, inva lid , or
unenforceable beca use o f pre sent o r future laws or any rule or regul ati o n o f any gove rnme ntal
body o r entity o r becomes unenforceable because of judicial construction, the rem a ining terms,
covenants and co ndit ions of this Agreeme nt, or ap pli catio n o f s uch te rm , covenant o r conditio n
to p erso ns or circumstan ces other than those as to which it is held invalid o r unenfo rceabl e, s hall
not be affec ted thereby and each term , covenant , or condition of this Agreement sh all be vali d
and be enforced to the full est extent permitted by law, Con temporaneously with the execution of
thi s Agreement, the City Attorney s ha ll deliver an opinion to Devel o p er opining that the
execution and deli ver y hereof b y th e C ity is in compliance with the Charter and ord inances of
th e City of South Miami.
Section 7.4 Confli cts of Int e res t: Ci ty R e prese ntative s Not Ind ividuall y Liable. No
member, official, repre s entative, or employee of the City or the City Manager s h a ll h ave any
personal interes t, direc t or indirec t, in this Agreem e nt, no r shall a n y s uch m e mber, o ffi c ial ,
repres entative or employee participate in any deci sio n rel a ting to thi s Agreement w hi c h affec ts
hi s or h er perso nal i ntere st or the interest of any corporation, partnership or associatio n in w hich
he o r she is, direc tl y o r indirectly, inte re sted . No member, official, elected represe ntative o r
employee of the City or the City Manager shall be pers onally liable to Developer or any successo r
in interest in the event of any default or breach by the C ity or the Ci ty Manager or for any amount
which may become due to De vel oper or s uccessor or on any obligatio n s under the te rm s of the
A greement ,
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Section 7.5 Noti ce. A n otice or communicati o n , under thi s Agreement by the City, on
th e one hand , to Developer, or , on the other, by Developer to the C ity s hall b e s uffi cientl y g iven
o r d e livered if dispatc hed by hand de li very or, by na ti o n a lly rccognized overnight courier
providing receipts, or by registered or certified m a il , postage prepaid , r eturn rece ipt requested
to :
7 .5.1 Developer. In the case of a notice o r communication to Developer if addresse d
as follows:
To: ALTA SUNSET, LL C
2950 S. W. 27" A venue, Suite 220
Miami, FL 33 133 .
A ttn: H enry Pine
cc: H oll and & Knight, LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Attn: lnes Marrero.Priegues. Esq.
7.5.2 ~ In the case of a notice or communication to the C ity, if addressed as
follows:
T o: City of So uth Miami I ~ VI1.~ -rfP
6130 Sunset Drive
South Miami , Florida 33 143
Attn: City Manager
cc: City Attorney
6 130 Sun s et Dri ve
South Miami, Florid a 33 14 3
Attn: Ci ty Attorney.
or if such notice is ad dressed in s uch othe r way in res pect to any of the fo regoi n g parties as that
party may, from time to time, designate in writi ng, dispatched as provided in this Sectio n 5.5. It
shall be the duty of the parties to advise each other of any change o f address and if delivery of a
no tice or communication is returned as undeliverable or uncl a imed, it sh all be deemed deli vered
for a ll purposes as a ll owed or required by thi s Agreement.
Sec ti on 7.6 Ti tl es of Art ic les and Sections. Any ti tles of th e several parts, Articles and
Sections of this Agreement are insert ed for convenience of reference only a nd s ha ll be
disregarded in construing or interpreting any of its provisions.
Sect ion 7.7 Cou nterparts, This Agreement is execut ed, in counterparts, each of which
s hall be deemed an original , and suc h co unterparts s h a ll co n st itute one and the same in strume nt.
This Agreement sh a ll become effective only upon executio n and delivery of this Agreement by
th e parties hereto.
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Section 7.8 Successors and Assigns. Except to the extent limited elsewhere in this
Agreement, all of the covenants conditions and ob ligations contained in this Agreement shall run
wilh the land and be binding upon and inure to the benefit o f the respective successors and
assigns of the City and the Developer.
Section 7 .9 Entire Agreement. Thi s Ag reement and its Exhibits [constitute the sole and
only agreement of the parties hereto with re spect to the subject matter hereof and correctly set
forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representat ions nOI expressly set forth in this Agreement are of n o
force or effect and are merged into this Agreement.
Section 7.10 Amendments , No amendments to this Agreement shall be binding on either
party unless in writ ing and signed by both parties, Although thi s Agreement sh all run with the
land , amendments, modifications o r releases of this Agreement shall be by mutual written
agreement between: (a) the City and its successors and assigns (which must be a governmental
entity); and (b) Developer or its successors and assigns that are expressly designated in writing as
receiving the rights and obligations of Developer under this Agreement ("Express Assigns") (i,e .,
eve n if the Property is s ubdivided and more than one (I) owner exists for the Property, then
amendments to this Declaration shaH only be required to be executed by the City and Developer
or it s Express assigns); provided. however, that in the event that any amendment. modification or
release of this Agreement materially affects the rights of an owner of a portion of the Property,
then a ny amendment to this Agreement shall also require the consent of such property owner, In
th e event of a modification of this Declaration or a des ignation of an Express Assign, a written
instrument must be duly executed, acknowledged and recorded in the Publi c Records of Miami·
Dade County, F lorida. The parties recognize that the development and operation of the Property
and the Developer Improvements may from time to time require the confirmation, clarification,
amplification, o r elaboration of this Agreement, in order to deal adequately with circumstances
which may not now be foreseen or anticipated by the parties, The City and Developer reserve
unto themselves and their Express Assigns the right to enter into such interpretive, implementing
or confmnatory written agreements from time to time as they mutually deem necessary or
desi rable, in their sole discretion, for any s uc h purpose without obtaining the consent o r appr oval
of any person or entity. If any portion of the Property has been s ubmitted to the condo minium
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 o nl y the
co ndominium association thereof s hall be required to execute the instrument as to that portion of
the Property (in lieu and on behalf of the co ndominium unit owners there of).
Section 7.11 Authorization and Approval s by the City. All requests for a ction or
approvals by the City shall be sent to the City YJanager for decision, who shall be the party within
the C ity, including the Ci ty Commission, that must act or approve the matter on behalf of the
City. Without limiting the generality of the foregoing or the general authority of the City
Manager, the City Manager shall have the authority himself to grant extensions of time for
performance by Developer for up to ninety (90) days (e xte nsi on s of time in excess of ninety (90 )
days shall require City Commission approval), If the City Manager's office s hall be vacant or if
the City Manager s hall not have the full authority to act or approve matters required of the City
pursuant to this Agreement, then the C ity Commission shall , promptly upon written reque st by
the Developer, designate s uch other officer or department as may be appropriate to perform th e
City's obli gations, Unless oth erwise specified to the contrary herein, all deci s ions , approvals and
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actions required of the City hereunder must be d eci ded, given o r taken within s ixty (60)
consecutive days after the receipt of written notice requ esting same .
Section 7.12 Exculpation. Notwithstanding any provisio n contained in this
Agreement to the contrary, it is specifically a greed and understood that there is no personal
li a bility on the pa rt of any manager, member in the Devel oper (provided such member is acting
with in the limitati o ns placed on same by Florida law o r has not ass um ed in writing a ny greater
liability w ith respect to this Agreement), an equity inte rest hol der of a member in the Developer
or, if th e Devel oper is a corporation , of any officer, director or s toc khold er of the corporate
Develo per or, if the Developer is a partnership, any limited p artner of the Devel oper, with
re s pect to the performance of any of the obligations, terms , covenants and conditions of this
A greement.
Section 7.13 Capti o n . The article and secti o n headings and captions of th is Agreement
a nd the table of contents preceding this Agreement a re for convenience and r efere nc e onl y
and in no way define, limit, describe the scope or intent of this Agreement or any part thereof,
or in any way affect thi s Agreement or any part thereof.
Section 7.14. Holidays. It is hereby agreed and declared that whenever a notice or
pe rfo rmance under the terms of thi s Agreement is to be made or given o n a Saturday or Sunday
o r on a legal holiday observed in the City, it shall be pos tp oned to the next" following bu s iness
d ay, not a Saturday, Sunday or legal holiday.
Section 7 .15 . Developer as Independent Contrac tor. Nothing contained in this
Agreement shall be construed or deemed to name, designate, or cause (either directl y or
implicitl y) th e D eve lo per, or any co ntractor of the Developer to be a n ag ent of or in pa rtn ers hip
with the City.
Section 7.16 . Unlawful Provisio ns Deemed Stricken. If this Agreement co nt a ins any
unlawful provi s ion s n o t an essential part of thi s Agreement and whieh s hall not appear to have a
controlling or material inducement to the making thereof, s uch provi sio ns shall be d ee med o f no
effect and s hall be deemed stricke n from th is Agreement w ithout affecting the bindin g force of
the rem a inder. In th e event any provision of th is A greement is capable of more than o ne
interpretation , one whi c h would render the provi sion in va lid and o ne which wou ld render the
provi sio n valid , the provisio n s hall be interpreted so as to render it va lid .
Section 7.17. No Liability for Approvals and In spections . Exc ept as may be o therwi se
exp ress ly provided herein , no approval to be made by the C ity of the Project site or the Project
und e r thi s Ag reem e nt , shall render th e City liable fo r its failure to di scove r an y d efects o r
no nco nfo rman ce with any federal , s tate or lo cal s tatut e, regulation, ord inance or code .
Section 7.18. Radon . Rad o n is a naturall y occurrin g radi oactive gas that , when it has
acc umul a ted in a building in sufficient quantities , may present health ri sks to person s who are
e x posed to it over time. Levels of rado n th at exceed federal and state guidelines have been found
in buildin gs in Florida . Additi o na l infonnation regarding rado n and radon te sti ng may be
obtain ed from the county public he a lth unit for Dade Co unty.
Section 7 .19 . Developer Entity . On the d ate of executi o n hereof, the D eve lope r is a
Florida limited liability company. In the event that at any time durin g th e tcnn of thi s Agreement
and any extensions and rencwals th ereof, the Devel ope r is a corporation o r an entity ot her than
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a Florida limited liability company, then any references herein to member, membership interest,
manager and the like which are applicable to a Florida limited liability company shall mean and
be changed to the equivalent designation of such term which is appropriate to the nature of the
new Developer entity.
Section 7.20. Chapter 400 Florida Statutes. The City acknowledges and agrees that,
notwithstanding anything to the contrary set forth in this Agreement, the Developer shall not be
required to take any action hereunder which would otherwise constitute a violation of Chapter
400, Florida Statutes, as amended.
Section 7.21. CooRCration: Expedited Permitting; and Time is of the Essence. The Parties
agree to cooperate with each other to the full extent practicable pursuant to the terms and
conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their
respective and mutual responsibilities pursuant to this Agreement. The City s hall use its best
efforts to expedite the permitting review and approval process in an effort to assist the Developer
in meeting its demolition, development, and construction completion schedules. The City will
accommodate requests from the Developer's agents, representatives, general contractor(s), and
subcontractors for simultaneous review of multiple permitting packages, such as tho se for s ite
work and foundations, and building sh e ll , core, and interiors. Notwithstanding the foregoing, the
City shall not be obli gated to issue development permits to the extent the Developer does not
comply with the app li cable requirements of the City Zoning Code, the Project's zoning approvals,
the Comprehensive Plan, this Agreement, applicable building codes, or any other la ws, rules,
orders, or regulations.
Section 7 .22. The Development Agreement, as well as all amendments and revocations
thereto . shall comply with F.S. §§ 163.3220-163.3243. as amended by the F lorida Legislature.
Section 7.23. Severability. Invalidation of any part of this Development Agreement by
judgment of a court of competent jurisdiction shall not affect any of the other provisions , which
shall remain in full force and effect.
Section 7.24. The duration of the development agreement shall be 30 years, unless it is
extended by mutual consent of the governing body and the developer. subject to a public hearing
in accordance with s. 163.3225.
Secti on 7.25. The failure of the ag reement to address a particular permit, condition, term ,
or restriction s hall not relieve the developer of the necessity of complying with the law governing
said permitting requirements , conditions, tenn, or restriction.
Section 7.26 . This Development Agreement shall be void ifnot recorded within 14 days
of the re so lut ion approving its execution.
{SIGNATURE PAGE TO FOLLOW!
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WITNESSES(S): Florida limited
By:
Print Nam
By: -=~~~F:t;;::=---
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMl-DADE )
The forego in instrum t was adW9 ... ~te4ged before me thi s 6'A day of September. 20 18
by ""'" /'iA..JoC¥-1,.,"2/I,M"'''M{£n bvt. of ~LJA SUNSET, LLC, a
Florida limit li abi li ty company. He personally appe :~~e . is l~p e rsona ll y known to
me or [ ] prod uced as id ~o n .
A / /.Ii ---_ ..
Notary Public, State of Florida
Commission No.
My commission expires:
~.. MAYAA M. BERMEJO
• • • ~ Notary PubNc • Stat. of F\oI1a
'.. 'Q,i Comm iss ion II Ff 92101.
·',.;'f,or ,,'t,··· ~,I ~~w n. Exp ilu Oct1', 201 • . "" .. "
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----------------------------------,
JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT
Sunset-Miami Investments Inc., a Florida for profit corporation, as owner
("Owner") of the property le gally described in Exhibit "A" ("Property"), hereby
agree s, joins and consents to this Development Agreement between ALTA
SUNSET, LLC, a Florida Limited Liability Company and the City of South
Miami , a Florida Municipal Corporation (the "Development Agreement"),.
WITNESSETH : OWNER:
'i'1I1Y,gT-miAMi OIVl'5TdI1plIT~ pie
~ fi-II . C(7f1??
~~~~~_By: ~-;:: ~
Teresa Sordo, President
ST ATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowled ged before me this 31s~
day of MGovS T , 2018, by Teresa Sordo, in her capacity of President of
Sunset-Miami Investments, Inc. a Florida for profit corporation, who is personall y
known to me or haslhas not produced ')'/l..(J~ L I eE'Vs<f 5 "33 ·· ge;,o-St/-60,/-(!)
as identification and did/did not take an oath.
~bliC Serial Number
Name:
fa1< ,.( '1 .1.1
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ATIESTED :
E OF FLORIDA
COUNTY OF MIAMI-DADE
lexa nd er
<-.1 The foregoing in stru me nt was acknowledged be fore me thisL Jtay of )4AO ~ 20!l by
-.P'f-'''1'''O 1/.GJ"19' #/8R~ , who are personally known to me a d acknow ledge exC(uting th e
same freely a nd voluntarily under authority vested In them by th e City of South ~ •
S igna2tre 0 Notary
(NOTARY SEAL) H/Jt!i4 tW~/?
Pr in t or type name
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EXHIBIT "A"
Legal Dt!Jcription
All of Tract A, less the East 118 feet ofthe North 129.07 feet, in Block 1,
and Lot 3, in Block 1 of Rosswood, according to tbe Plat thereof, recorded
in Plat Book 13, at Page 62 of the Public Records of Miami Dade County,
Florida, less the South 25 reet ofsaid Block 1. FOLIO: 09-4025-011-0010;
PROP. ADDR:6075 Sunset Dr, South Miami, Florida
Tax Folio Number 09-4025-011-0010
Owners: Sunset-Miami Investment, Inc.
1313 Ponce Dc Leon Blvd. Ste. 200
Coral Gable s, FI 33134
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EXHIBIT "B"
RESOLUTION 074-18-15107
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RESOlUTION NO. 01+18-15101
A R.sohIdon .pprOVlnc • Sped.1 Exc:itption 50.' to aIkJw. proied. wtttMn the TODD
(MU.S) of men: than four (4) storl •• lind mlH't! than 40,000 tqU .......... forth. prop.rty
ktC:Mtd 116075 SW 7Z .... Street.
WHEREAS, the applicant, Alta Developers,llC, submitted an application Inumber PB ·17·033J
requestln, a Speda' EJCa!ptlon .pproval fo r a larle SOlie Oevelopme:nt for a nVxed -use bulldln. located
at 6075 SW 7~ Street; and
WHEREAS. the applicant has submitted conc:urrent requt!SU to chanle the loninl of the
northern portion of the si t e from TODD (M1J.4j to TODO (MU -S) and for a Variance to rWuoo the
number of required Pilrking spacn;;HId
WHER£AS, the sltlt (Xm 5li t 5 of 1.611 acres and the propcned de'Yelopment wll provide 203
,..sldential unitl, 2,441 SQuar. f eet of commfifdalspace, and 3,678 square'iNtI. of restau rant: and
WHER£AS. pursuant to L;lnd O .... lopm.nt Code (lOC) Sec;tion 2~.9 ~~ eK~tio n s. ;lny
site that is in ,",cess of 40,000 squ.re feet Of any de'llelopment in ,",cess of four (4) stories, sh.1I be
designat~ as a ~rge Sale Development and m'i~d by the Planning BoI rd .nd sh.11 requir e
approval by the Oty Commission; and
WMER£AS, at its December 12, 2017 meetln&. the PlanninlBoard held a pubtlc: heari .... on t h e
lIppliatlon, ccn5ldervd each of the requlnrments ind conditions for LlIII'le Scak! Oevelopment listed in
Section ZQ.8 .9 of the l OC , and voted four (4) to two 121 to recommend approval of the reque5ted
Speti~1 b«'ptlon; lind
WHEREAS, Section 20-8.9 (C) requires thlt all U$t5 In a IarBe sca&e ~ment mu:st comply
with the following ge neral requirements and any other requ irementS that the CJty Commission may
consider approprl;te and necesury.
1. All suc:h uses shall comply wit h all requ i rements established in the appropriate loning U51
district, un less additional or more rl/'.5trictive requirltments .re set forth below or by the City
CommisSio n.
2. All wc:h U5e5 must b., of a cgmpatible and complementary nature with ¥lY "xi:sting or
planned surrounding USe$.
3. The Oty Commission shall determine the ov.rall c:ompatlbillty of t he lHivelopment with t he
existing or planned surrounding u se s.
WHEREAS, S&tktn 20-8 .9 (C) requ ires that the development will:
1. Not adversely affect the health or ,..fety of persons 1'esidin8 or working in the vlc:lnlty of
the proposed us.;
2. Not be detrimentlll to the public welfilre. property or improvement$ i n the neilhborhogd; .n.
3. CompMes with all other applicable Code pro .... sions.
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WttERfAS, the Mayor and City Commission 0' the aty 0' South Miami, hMlinl considered .ach
of the Special EJlc:eptlon requi,ements and condKlon$ and hrett"l found that thon conditions hive
been mM. dfllr. to apprOYllthe applkallon fo, I .... Special ExcepIion .
NOW, THflEfOR(, IE IT .. SOLVED IV THE MAYOR AND em COMMISSION OF ","E an OF
SOUTH MIAMI, KORIOA:
Sa ' n 1; The ...c:ltels set lorth In tills ruolul60n are true and they •• supported by competent
substantilll e .... dence and they are Incorpot'".ted in to this molutlon by reference as II set forth in full
he~ln ,
stction2. The applbtion (number PB·17-033) wbmitted by Alu Developers, llC, requestlnla
Special Exception for. Larae Scale Deveklpmenc for • miJtN.use bui6dinc oonsisUnl of l;OJnfTlefdat,
rescaurnC ... nd residential uses within the TOOO (MU·5) zoninl district located at 6075 SW 72" Street,
Sooth Miami. Fk)(Id .... complies with the requirements 01 20-8.9 (C) and (0) and is hHebV ~proved
with the (oUowinc condltloru:
......... Conc!!htom
1 . Any cIewlopment of the property will be in substantial comptl.nce with the documents submitted.
Includin,: lMter of Intent from Ines M.rrero-Priques dated Aueust 11, 2017; Appllc.ltton Book
conslstlrc of a sUrYeV prl!ParH bV Fortun, Letv'f. SIdles, Inc. dated 7/27/17; Site Photolrapha (SM.t
ep·t.a); Rendertrcs dated tl(14(17ISheeu R-].O thr0uP R·].5); Aerial Photos of the slle (Stlut
CP·2 .0); a Zonlnc cn..1'1 da~d 8(11/11 tShetf; 4--0.1); an At .. SCheelul. dated 9/20/17 tSMet A·
U'O); Hoor and Roof !'tiM (Sheeu A·l.Ol ttwouah 1 .07); buildll'llitievatlons (StInts A-2.01 and A-
2 .02); a bulldln. section drawl", (SkHt "'-3.01); and Planeltr Delaill (ShHC A~.O) al IlIned Ind
selled bv Robel1o Behar (9-200171; and a TrH Disposition Plan daleelIO/lO/17 (ShHt TD-l).nd
landWlp@pfaM(St\Hts L-t throu .... L-4, dattd 8/8/17 ~red bVWitkin Huetl DHlsnGroup; and
.. Tm-Jk Imp.Kt Study and Partl"l StudV both prepared by Rlchllrd Garcia & Al,50c:IateS .
2. All documents submitted with t!'lis app U CMlo n .~ to be made p.rt of tne record .
1. Any improvements in the Public R1lht-aI-Wav shall be approwd by the applicable alltney (FOOT,
M"mi·~" County and/or OlV of South Mini).
4. All Impac1len shall be paid prior to issuance of buiktlnc permit.
S. The Applicant shall provide aten« Kknowtedllnf: compliafl(ltwkh the appticableleYel of Services
requirements prior to the: l uuanc~ 01 flMi pef'mit to tke PQpertv. If any concurrency approvl ls
'''Pint are-review Ihall be required by the appropriate ....,cy-.
6. Any ch.nges thillt increal.e densities., I",anmles or population lnall require. new Concurrency
Analysis .
7. ~icant wll subm it wnficatlon 'rom Mlami ·Dade County thaC the propond new development
has bHn reviewed and approve<! for .11 IcuSS ~ent com.iderations pr ior to s ite plan
.pproval.
a. Rood ....... lions wll be revlew.d a nd apptOWd for cor15l5tency with FEMA requirements and the
0Iy', National k'I'Uf8nce Flood Proaram Ordll\lnc.. prior to buidl", permit I()ptOYal ,
9 . The Appllc.ant shan complv with .pplkable condillons and requil'ltments by-Mlaml-o.d. County
Public: Works o.partment, Fire Rescue Department, o.partm.nt of Reptiatorv and Economics
~JO,,",s -DERM (ORER), Mi ...... l-Orad. County W.t.r and ~r Department, and FOOT .
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........ OU -l'-lSlC»
10. T"-App l i~nt ,n.1 ~e<;ute Ind record In 1nepublk: rKOrds of Miarnf..o.de CouIlty. a [)eo elopulent
~m~t Ind • Mair1ren,Jlnce Coven.nt, In I lorm apptowd by 1M CIty CommisSIOn IfId Ot.,
Attorney. whk.h c;omplie5 with thfe requirments of LAnd OeVl'lopment Code Section 20-15 Ind
whkh conUiM liM commitm"nt' made Ind conditlOM Imposed <IS p;lrt of the 'WCWIl of eM
AppliCltIans. The .... Iop ••• "t .."..ment 'hall be en'orc9ble for ten (101 yelrs from the at. of
wbstlntlll cQtl\P6tCIon IS ddntd In $«tlOl1 ~o-8 .~.
11 AppIic.int wI cornpty wilh III requirements Sltt fOltt! In Section 2o..a .9 In liddiflon to thoSe sec
torth in this Resokitton unless thetf: I, I conflict,. In wINch ewM 5ectlOn 2().8.9 st\aI tlikt ptuud •• ot .
12. If durl,. the r~ process it is det..,-mlnd 'hIM. chit deYetopment,. " proposed, Will pot ...... iII.,
aUSl IMne Impaa,. the 'IInnlnc DePlrtm!n15hlll re(OmfMM rtmtcllal mtMUreI to ellmlNtIt
or reduce. to the ~ posslb,*, th,M Impltts. DtveIQ9mlnt projecU tNt Ire .eWi'w .... :dwd for
remediII rneulR5 will not ~ f1!qui .... d to SlJbm lt I new appllcatlon!oll'llns it is deHrmined by the
Oepirtment tMt IdcUtional cNif'll,5 whlct! would Nille 1M .f'fKt of lner .... ~ SQU II"t
foot. or aherinl the t.eigtlt or use of a Dewllopment NlW been ",... RtmtcIlalrrwa"-lres lNiy
inctude. but are not limited to :
i. Addlliofla l ler .. nl", or buIMrlnl;
II. Addit ional IInckClping;
ii. Buildinl on.ntalion;
iw. Aefoc:Ition of proposed open SPiIa!, or alteration of rt:e use of wen spICe;
v. ~,,~trt.n..-lCl bicycle' Mfely and ilCce l ~;
vi . eN"..' to Ir:crtu and ..... ss;
rio AdcIressInt t~ ftow to Ind Itom tile-developme nt to lYOId IntfUSm on local SUfttS in
nelrby Yll'e limil)' resldH1tlll arell; or
vii i. Improwrnent ottn.-st, .. ts IdjlCenl to the project. If .pp1icabIP.
CoMtNCdon Gtrw!! Cpc""tI9t!,
13 . A ComtructJon Ind ... Intfilanc. of Tf'afflc (MOn Plan shiH be provided b¥ ttw Applicant to 1M
Public works Ot-piMIMfrts fot-IPProYli! prior to st"rt of amiii tf\lctiOn. A«e51 poinl5 by consuuction
'l'lttudH sMII be P4'~ wiU':ln tn. MOT'.
14 . The AppIIant ~ ..... 0\IIcH I Constf\lctlon Alr QUIlity ManaBement ~ to the Depai"lm*nC prior
to the' ,tart of construction.
15. A Construction, o.moIition Ind M.Wrllib MlnlJ.iMnt Plan (CDMfJlP) tnI.I$l t. subrnlttlld by the
Appiant .t time of buildlnt permit.
16. Consttvedon shill oAIy tlk. plac. Monday thro'4h ftlday durinc the hours of':OO I .m. lind 5:00 ......
hrt!IIw:Ctt 7 h
A PIrkl'" dY'tmtnt hn bien 'PProvte! perrnittiry:, \01.1 of )Q3 o~s!" ~ pm. A
mintmym of 20' gf tbt 9Q1r1tt sPKI' wUI bI d'$(COIlId 'PI' 11M 201 mIdt9IJa! units wI!tin thl
gpiW fig '" INimtd jrJ the lem alRments). Raldentl" ptrUw dfc,k and artirw C¥ds wi!
be !Hued tg ''''MIll fpr tM wbk!t 'g be p'r!ced In tM rtt.!dtntit l P'rtd IW"" wh!d! thall be
"",,Mted rrom 1M a>rnmtrd"lykItgr Plrkln, .rn bw , £.r4=onty 'u;n\ mtd!,n!g! Uti A
m lnimvm plOntdtg l W ' be lul/fd lOath anyl ynlt T,.,.", uhl 'ik\ \N' trt g od mid It!
Ihlt cpmm«rdalJyillt9!' parkin. Irq • .,.11 be tpwtd a nd towlnc It., N be condusm! by to lI.bprktd
." s;pmptny to f tqwjrw cqmPlny ItprMt ftcility in ,ccgrd,nce w it., f1qrid. Itw
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IIp!Ir :.
17. The "pta' .... U mMt all of the minimum rltquin·m.nts of the CIty Code, ~t.ers l'
If'Id 24 of the ~OIdl! County Q}dI! lind 5pedfk:.l11y com~ with ... concIdom
Im~ by MillmI ·Dade COUnty Dt!WIMtnt of Ft.,ulatQly 3nd Economic ~l .
D(ftM IDlER-I. If AnY .
11 . ~ property sNI be IItldscaPtd In auOfdance with lhe I.ncf$te,pe plan. Included wiCtI
the lite plan submittal, .,d appn:!Y!(l by th~ Efwlrol1fMfltal ReWew ~ ~dofI _d.
19 . Pursu.Mt 10 Sec. 2~.S and lo.oC.S .1.. M ""Y b .......... d. tM o\IIpIkanl shIIIl provide
IMIptjon fOf IIIuM5 to be removed in I~nce with atv ~ftrMnt5.
II -Mi ,91
20. n. Appibnl Shall mw the requirements of the Mlami-Dtdt County W.ter-Use
Effldency Sttndardl Manual, effec:tlft IInlll'Y 200t, as may ~ amended from time 10 -. 21 . All storm "qter dra .... $y$tI!f'M shaM be maintained in wOltIni 0"" ~t aM Uma to
aYOkIloum f!oodirc d1llini; and after a storm. Pl!IIrtJ,. sh.a! be prohlbked on top of .fJt
dralnlp Inlet or dralnltt "...nholt.
ArlI, =
n . FiNlaPPfVQI of .. "'-"must beobtilnecl from the Erwironment&i ~rw II'1d Preserwdon
Board, as r.quhd by Code.
Stdipn So 5e~ .. eb". tf any sealGn dSlJse, sentence, or phrase of lhiJ ,esoIutkm Is for wry
reason tIekI WIvaIId Of uncoMt itutioi'lal by. cou" of competent jurrsdicticm. the tddin& st.n not
.tfect the VIJIidIIy of the mMIr*II portiOn. of this molution .
, I 4. Efttcd!w Prtr: This resolotlo., sM11 become efIedM!! immediitety up)(! adoption
by VOle 01 the City Commission.
PASSlQ AND ADOPTED this ~ devof. _A.P2.~1~!L __ ~ Z018 .
APPROVf~
if!J
COMMISSION VOTE: 5-0
Mayor Stoddard:
VIce Mayor H.ms :
Con-ml$sior'll'r Gil :
CommilsioMr Liebman:
CommissIOner Welsh:
Pag ... of 4
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y ••
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EXHIBIT "e"
DEVELOPMENT
SCHEDULE
All time periods provided below are from the date affinal City Commission appro va l of the
Development Agreement or approval of a revised development program s and l or si te plans or
as provided by the City's Land Development Code, whichever is the s horter period of time.
Submittal of Building Permit Plans 6 Months
Approva l of Building Permit Plans I Issuance of Building Permit 12 Months
(including issuance of foundation permit, site work permit,
o r partial permit)
Comme nc ement of Construction 18 Months
Complete Project Buildout 24 Months
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EXHIBIT "D"
PERMITS
All local developmen t permits ap proved o r needed to be approved fo r the
developme nt i n acco rdance wi th thi s De velopment Agreeme nt are as follow s:
I . Demoliti o n Pennit from City of South Miami ;
2 . P roject P lan and S ite Plan approvals fro m the City's Environmental Review & Pres ervation
Board ("ERPB ");
3 . Subdivi s ion plat andlor waiver of pl a t approva ls (if needed);
4. Water, se we r, pav ing and drainage and other infrastructure permits ;
5. Covenant i n Lieu of Un ity of Title o r Unity of Tit le acceptance or the release of exis ting
unities or covenants;
6. Building pennits; ~ t="'~ ~"
7 . Certificates o f o ccupancy;
8. Environmental Permits ; and
9. Any o th e r official ac ti o n of the City and/o r Miami-Dade County. Florida , having th e effec t
of permitting the development of land.
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TIlE ClTV OF I·LE .... SAN T LIVING
New commercial buildings
Building Submittal Requirements
C ity of South Building Department
6130 Sunset Drive , South Miwni FL, 33143
Tel (305)663-63 55-Fax (305)666-4591-www.southmiwnifl .gov
Plans mu st be approved by FIRE, DERM, HRS(IF APPLI CABLE), WASA and IMPACT FEE
2 copies of s igned and sealed drawings.
2 copies of property survey.
2 cop ies of structura l calc ulation s
New residential homes
Plans must be approved by DERM, HRS (IF APPLICABLE), WASA and IMP ACT FEE
2 copie s of signed and sealed drawings.
2 copies of property s urvey.
2 copies of structural calcul a tion s
Commercial additions and remodel
Plans mu st be approved by Fire, DERM and impact fee .
2 copies of signed and sealed drawings .
2 copies of property s urvey.
2 copies of s tructural calculations (IF PLANS CA LL FORM THEM).
Residential additions and remodel
2 co pi e s of s ign ed and sealed drawings.
2 copies of property survey .
2 copies of s tru ct ural ca lculation s (IF PLA NS CALL FOR THEM).
DERM . HR S (i f appli ca bl e), IMPA CT FEE stamp.
Windows. Doors. Shutters and Garage doors
2 copies ofN.O .A (A lso know as product approval)
2 copies of sketch of the house showin g the locations of the windows o r doors being replaced.
2 signed and seale d w ind load calculations. (GENERIC TABLE WITH DIFFERENT WINDLOAD
SCENARJOS WILL SUFF ICE).
Fence
2 copics of the property s urve y and highligh t the location of the fence .
2 copi es of the fence delail (TYPE,HOLES, ETC.).
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Driveways. walkways. resurfacing
2 copies of the property survey and highlight the location ofthe work.
2 copies of the details (INCHES OF SAND, L1MEROCK, ETC.).
OR BK 31141 PG ~625 LAST PAGE
·For commercial s ites, you must show parking spaces and handicap spaces.
·ff yo u are doing the approach yo u must pull a penn it wi th Public Works as well.
Sheds
2 copies of Slate product approval of shed.
2 copies of s urvey showin g where the sh ed is to be located and mark how far from the setback
Demolition of single family home/commercial building
2 copies of survey of property
FPL disconnect letter
Letter from mechanical company stating there isn 't any refri gerant in lines. (ONLY FOR CENRAL AlC)
DERM approval (ONLY FOR COMMERCIAL DEMO)
·Separate penn its for sewer cap, septic tank abandonment and temporary fence required as well .
Roofing
2 copies of roofing packet
DERM approval (ONLY FOR COMMERCIA L)
Swimming pools
2 copies of s urvey
2 set of drawings of poo l
HRS approval (ONLY IF PROPERTY HAS SEPTIC TANK)
Generator
Must have applied and been approved by the Planning & Zoning Department
2 copies of survey
2 set of drawings of generator
DERM & Fire (ONLY FOR COMMERCIAL)
Wood Decks
2 copies of surveys showing the locati o n of where the deck will be going
2 set o f drawin gs s howing details of how deck is being built .
Signs
2 copies of detail of s ign s (SIGN MA Y REQUIRE PLANNING BOARD APPROVAL)
Awnings
2 copies of s hop drawing of awnings (A WNJNG MA Y REQUrRE PLANNING BOARD APPROVAL)
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Book3 1 141 /Page4625 C FN#20 180562648 Page 29 of 29