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5870 SW 70 ST_PB-05-026 • Y So u r�$ South Miami 01 H Ail-America City - i 1 INCORPORATED 1927 � ORip 2001 CITY OF SOUTH MIAMI To: Honorable Chair& Date: September 15,2005 Planning Board Members Re: --- From: Don O'Donniley eplat of South Miami Planning Director ometown Station(Metrorail) PB-05- scant: Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE REQUEST The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'. BACKGROUND Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail, and residential space at the' South Miami Metrorail Station (Resolution 62-02-11411). As. part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03- 11608). PROPOSED REVISION The applicant's engineering firm (PBSJ) explains in accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact " the existing building envelope and will also affect work anticipated by Miami-Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-D Water& Sewer Authority and NUI City Gas. Plat Approval Hometown Station(Metrorail) Page 2 of 2 RECOMMENDATION It is recommended that the proposed re-plat of Tract"A"of"South Miami Station be approved. Attachments: PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat DOD/S E:\PB\PB gendas Staff Reports\2005 Agendas Staff Reports\9-15-05\Hometown Station Plat-report.doc Engineers/Planners/Architects/Surveyors 2001 NW 1071h Avenue Miami, FL 33172-2507 305-592-7275, Ext. 3270 Fax.,305-599-0448 E-Mail. 6521@pbsj.com August 18, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalle(a),pbsicom E-Mail: cread(a,miamidade.gov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours,, Doug W. Deans, PLS Aug . 8 . 2005 3:26PM Leasing [MDT] No. 2929 P. 1/3 s �_a i g 51 Iry August 10, 2004 NUI City Gas Corporation Attention: W. Celso Rodriguez,,, Fugineering Manager 933 East 2P Street Hialeah, FL 33013 Re: Final Plat of South Miami Station,PB 160 Pg_8� attached Dear Utility: This letter is a request from Miami-Dade County ("County'l, through Miami-bade Transit ("MDT"), that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat p!'South Miami Station (attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to NUI Qty Gas that Gounty and MDT will provide any.necessary easements by separate instrument at a' turc date for such areas as may be'required to access your utility, Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MbT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated, Very truly yours, Joint Development and Leasing AGREED AND ACCEPTED: By: (signature) (date) (print name) Stephen P. Clark Center, 111 Northwest First Strict-SUj[E 910. Mimi RT A'11 1R_i oac; Aug . 8 . 2005 3:26PM. Leasing [MDT] No 2929 P, 2/3 M I A M I D •Ar D E' August 9,2004 BellSouth Telecornmunications,Inc. Plankrig and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W.48"Street,2n'Floor Miami, FL 33155 Re* Final PIat of South Miami Station, PB 160 Pg85 (attached) Dear Utility. This letter is, a request from Miami-Dade County (°`County'), through Miami-Dade Transit C MDT"�, that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten. (10) foot perimeter utility easement shown on the Final. Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter adlity easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future date for such areas as may be required to access your utility. Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated. Very truly yours, w�4 faa Joint Development and Leasing AGREED AND ACCEPTED: (signature) �, (date) (print name) C)i<t�e 7or P t F s F L 0 1.5-1 Stephen P Clerk Center. 111 Northwest First Street-Suite 910.Miami. FL 33128-1999 Aug. 8 . 2006 3:26PM Leasing [MDT] N o. 2 9 2 9 P. 3/3 miami-Made transit ltA��p 111 NW ist SINE--SuitG 910 AAiaml, Florida 33128.1999 T305.375.2597 F305-372-6093 MA Cooldlnsuon miamidade.gov ArNs Comdlnallon JArigdry $�200$ Arl.In Public Plus Au31t and ManageMl m SetWilb AVIOVOn Florida Power and Lisht Company Sulldin&CodeComplranor Attention: Ms.Maio Bazile,Project Manager sullah's Construction Services at the Richmond Service Center Room Developmem 14250 S.W. 112 Street Capllai Irtganrvamml! Miami,FL 33186 nr trdependanTramporblion Net ■ cernenwtlaellonr. Re: Final Plat of South Miami Station,PB 16Uz 8 attached Comrminlly Adlon Agenq" mmunity A Geammic DeWapmnm Dear Utility: CMnmrinhy wallam c�n�►ma�rnn This letter is a request from Miami Dade County("Coiaty"), through bCattu-Dade Transit canauons a Rtdabnilauoe (10TJ,that FPL and its successors anal assigns, relt ase any rights it may have to access Cormtyaide Neallhcare Minudng or locate utilities within the ten(10)foot perimeter utility easement shown on the Final Plat G1mclMrale of South Miami Station(attached). veellwd I:mersency Management The County intends to undertake a replat specif"iWly to vacate, abandon and discontinue Gmployee Mavens from public use that certain 10 foot perimeter uti`'ity easement, since the approved Enwp snTeehneiegy Se>r4w development requires construction to the lot lines. To bliat end,this letter serves as County's grenmmixi Jt&v ices Mmagrmnr,l and MDT's vrinett assurance to FPL that County and MDT will provide any necessary Fair"Inymmt Pracaces easememts by separate instrument at a future date for so:h areas w maybe required to access Fingnee. your utility. Are Bettie General 5dVI sAdminIsiallon Would you so indicate your agreement and acceptance to MDT to indicate your release of K%Wr`e naervatltsn any rights to access or locate utilities within this platted casement and acknowledge the FlowelnTial County's and MDT's assurance to provide any necessary casements by separate instrument Hcudrip wgener at a future dote. tiousfng FlnanaMlthOty Human Services Independent Revi wPhrml Very truly your InIernaunnaMade Cansotguln luventle Aisg.:mrvd Cerra Medical bon lner Carolyn Read rtelropolitm rlrtnniftec4anlsauon Joint Development and Leasing • ParkardRetrcaelen PlanninganlZaning AGREED AND ACCEPTED: POW PreetiteRvi a /� ' '� PropetyAppol— By: 4 Pld,llrLlbrwrySVstem (si1�atur" 4n b )f of F?L -7-Y (date) rublrcuVeft NA6 Safe rveighborhoodNils � / � ,_ .•,••�r^, :'.,,•. If 1" •• , t'•4�_vy" -rll.Jt(n:: Snlperl `. ::ir3tr:`t!9' llr :, •'• .'�:; Y'i�: Solid WMW m rlWlnent (print name) 'r N5'�iii��:'t"__��;y�k,4j .• ,��} !' W} 1 Suntrglc BullneY9 MAnapcyrnall g7ihtit!rl .111i;.12 ,q'�!.ri:.:',.•..,:1"''' r...:•:: ,1. t,t• Y; r � •r!y • ^ A:C .? ar.- .: .:- Tim WARD ,aea AachnCnt NN.IiK •, r,.;, Urban ReAtelW ,I , d v 5>,uk ,� '• illy :Y, p urn:•. M" anTnslcForce 25 "A. 1-:••!• , l"?'Z. � I/ryr.�;� �'s :i"!•�L'. vl;rnyn Museum and t;ardsns 25 LL.P"F'�r� �8., li��t J1:Gfic lam} '. Y �/L Y'ohrG:�°1•+��'i:. r/'•. .M t. Y Ny 1 •;..' K --•''4: ��1 lo,,, p,l�,'1 '_ Wale and Sewer ..' "•v;::J.f}: +; i,r.�,,lA e.fU-:.. h�:11''. -1�: 1;:•;1;_•' i,' � ..: �'^ brr'=r'I:ti' tt•�'�"��,�,ry`'J,'' �•'•i:M�� 'L�'. ''ip;s'•S ,�• . ~ti. wr .:`ti, L� Y,'•{I.: ,.1 ��li.:^I��•• 4}��e �,'�'1•�:i.':r.:�,.,. .I::y: v^':rK�,,t 1 r "116. .• IN Aug- 12 . 2005 3:39PM leasing [MDT] No -3029 P. 1/9 A-4 JIItAllfl-QAD� FACSIMILTE TRANSMITTAL SHEET TO' FROM: Doug Deans Carolyn Rc-ad COMPANY DA 1 U. PBS_ 8/12/Z05 FAX NUMBER: 11771-Al.NU OF Nnc*rs INCLUMNG COVER: _ 305-599-0448 9 PHONE NUMSHIL• SUNDRICS IUs1*11RRNCR NUMRI Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water&Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station akm TATS AGREEMENT ("Agreement") is made and entered into this day of G r 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTM"), Miami-Dade Water and Sewer Department ("WASD"), in their respective capacities as departments and instrumentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd.., a Florida limited partnership FEI No„ 65-1076433, the Managing General Partner of which is Pennanentia, Inc,, a Florida corporation,FEI No. 65-0713095 ("Tenant"). WHEREAS, on December 16, 1999, by Resolution No. R-1375-99, the Board of County Commissioners awarded a 90-year lease agreement, "South Miami Metrorail Lease" ("Lease") between Miami Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit"A" ("South Miami Site'). On October 23,2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15,2001 executing Amendment No. 1 to the Lease correcting scrivener's errors. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade mousing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear, triangular garage for a 25-year initial term with two 5-year options to renew. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water and/or sewer lines ("Existing Facilities") WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities") in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities. WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instruments)prior to completion of construction of the Improvements, 6/Z ' d 6Z06 '0 N [JON] Su i seel Nd6E;E UU 7. 1 *2nw WIIEUAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. Wlu xEAS, Tenant acknowledge that WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement_ NOW, i-ffeRrFoRF,,, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1. Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2. Temporary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the Now Facilities are operational, have been tested and accepted by WASD,and(ii)service is in place for all parties currently utilizing the Existing Facilities,and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance. 3. Consent to Petition: 1n consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition,without further conditions and shall execute any documents required in connection therewith. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURE'S FOLLOW oN NEXT PAGE) 2 of4 6/6 'd 6 Z 0 8 0 N UONI 2u i seel Wd6E: E Unz 71 Inv IN WITNESS Wffj9RZ0F,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of S 2003. MIAMI-DADE OFFICE OF PUBLIC TRANSPO N MANAGEMENT Date: q D3 By: Danny Alvarez,Ex five Director on behalf of Landlord Approved by County Attorney .� as to form and legal sufficiency, HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date: By. Name: Raul Masvidal Title: Pres_idcnt on behalf of Tcnant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: a' $I D 3 . . William rani,P.E., irector Pr 3 of 4 0 'd 6Z0E '0N [InNI WSW waac' c enn7 '71 ' 9nu IN W1TNM Wttmw,the patties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of 61p+ !` 2003 MIAMI-DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By; Danny Alvarez,Executive Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PE RMANE VTIA,INC., its Managing General Partner Date:_ Name: Ra Title. BQdent on behalf of Tenant MIAMI DADS WATER AND SEWER DEPARTMENT Date: By. William M. Brant, P.E.,Director 3 d4 6/9 ' d 610E 'ON [InNi 2uiseel wAWP OW '71 - M J THE HERALD i SUNDAY.SEPTEMBER 11,2005 J CD NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI t i .Ia*• Planning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305)663-6326; Fax#: (305) 668-7356 On Thursday, September 15, 2005 at 7:30.P.M., the City of `.South Miami Planning Board,' acting as -the Local'. Planning :Agency, will conduct Public Hearings in the . City Commission:Chambers at the above address on the, following items: PB-05-026 Applicant:Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; APPROVING A PROPOSED . REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW n AVENUE AND LEGALLY DESCRIBED AS TRACT"A"OF"SOUTH MIAMI STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25,TOWNSHIP 54 SOUTH, RANGE 40 EAST,CITY OF SOUTH MIAMI,MIAMI-DADE COUNTY, FLORIDA;AND PROVIDING AN EFFECTIVE DATE. (2) A-RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH '.MIAMI, FLORIDA, ADOPTING AND TRANSMITTING THE'2005 EVALUATION AND APPRAISAL REPORT OF THE •CITY'S COMPREHENSIVE PLAN FOR REVIEW AND . COMMENT AND REQUESTING THAT.THE FLORIDA DEPARTMENT OF COMMUNITY'AFFAIRS DELEGATE THE SUFFICIENCY REVIEW . OF THE EVALUATION"AND.APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN TO .THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT. TO THE PROVISIONS OF'THE LOCAL. GOVERNMENT..COMPREHENSIVE PLANNING.ANO LAND DEVELOPMENT REGULATIONS ACT,, AND PROVIDING AN EFFECTIVE DATE.. Special Note:The purpose d..the above Public Hearing No.2 is to assist the Local Planning Agency to review and obtain comments on the City's 2005 Evaluation and appraisal Report(EAR)and to recommend to the City commission on the adoption and subsequent transmittal of the EAR to State agencies for re view. Copies of the 2005 Evaluation and appraisal report are available for Inspection in.:the office of the Planning and Zoning Department,Syiva Martin Building,6130 Sunset• Drive,South Miami,Florida,33143.The EAR can also be viewed on the City of South Miami website:cityofsouthmiami.net All interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hea In . The`;Planning Board reserves the right to recommend to the.Ciy Commission whatever the board considers in the best Interest for t[�e area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that if.any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,such person will need a record of the proceedings,and for such purpose may need to ensure that a verbatim record of the proceedings is made;:which record includes the testimony and evidence upon which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. a -NOTICE OFC.PUBLIC HEARIN� OUTHM L R�yy • ?�v, r J. �"�ti- 'fYkiiW h°,.•,..hCyA..w✓ 'Mx.o t' - ', t1�r�F tT2 <1 �, ' Sl�. 4? i dAV'}�•ak+SJ � -N� �tA ,j_,i >ZK ra^",�' ya icy Jce'k.�hr?•.-�i-Yv. ri yat r jZ:4e tt ew q"t fr t �. T wdr arh "ti4me y.�, a V4g tkN��yF Ati �? �l6Lt � {HArrt�J�' U rT�flXg}�a�k v�1, ni"lnyS' 4{r, Planning�DepartmentZ. t ` MIAMI DAILY BUSINESS REVIEW i' �;t � ' s,so`$unsetDmie SotthMiami Flonda331{ , Published Daily except Saturday.Sunday and /} i ' z��Phone Xo3 .)..63 63267 Fax#T(305)66 n 56� s `r�} Legal Holidays ;t d�a �l;tG_r`r ltd .Dw k i a ,a ens= pg N " a err,4 rry. Miami,Miami-Dade County,Florida a� ,Oh'Thursday,q tSeptembe�ral5 X2005 f3tS7 30,P Mz the�City of Sough Miami' STATE OF FLORIDA Planhing Board achngfas th„e l ocal.Planrnng Agericy„unli�cond�uc Publica� COUNTY OFMIAMI-DADE Heanngs1n., e,Cit�r Commission Chambers at the`above address on the +p 'j.” poowingttems s "Ijui��ay'�r �tY4°rh4yU�c t Y r} F" l Before the undersigned authority personally appeared _ PB-05-026 } fs Y�",>s as�i�,-, ; wF ' BOOKIE WILLIAMS,who on oath says that he or she is the A��licant,Miam��DadeTransdAuthonty �., rA+,RESOLUTJON OF*THE MAYORrANWdITY;C0MMISSION OF.r VICE PRESIDENT,Legal Notices of the Miami Daily Business `, THE ;CITY�rOF SOUTkIMIAMI; FLFORiDA ,APPROVING A Review f/k/a Miami Review,a daily(except Saturday,Sunday i + pROPOSEDREPLdT�OF rTHESOUTHR MIAMIMETRORAIL and Legal Holidays)newspaper,published at Miami in Miami-Dade a> STATION,LOATED�ATTHE,INTERSECTION OFSW+59 PLACE County,Florida;that the attached copy of advertisement, „ANDISW AVENUE AND LEGALLY DESGRIBEDrAS TRACT4°'A , being a Legal Advertisement of Notice in the matter of. b GOF SOUTH MIAMIj.S1T+ATION"`(PLAT BOOK�160„PAGEi65)iN Ott r��'�SECTlONF25,TOWNSHIP 54 SOUTH;RANGE°40UEAS,><TCRY;OF; g-�S0UINYMU1Ml;MIAMWADEF('.�OAU�NTY,'Fl��ORIDA;'AN�D PROVID�NG� CITY OF SOUTH MIAMI-PUBLIC HEARING 9/15/2005 c,' tr ' " 1' �ta ` � y � AN EFFECTNEDATE E RE:ITEM: PB-05 026 ;+, fisl �Y� ti sa {9 °{Ir Ak„`kM � � t° ��3m ti;i()�AtAES LUT10N O THE;MAYOR AND CIITYiCOMM18SI0Ni i 'iOFyTHErCIT1fxO”, OUTH'MIAMI,NIFLORIDA;�.Pi ING,i'AND; in the XXXX Court, C.' rRANSMIT�IN� THE},t2005�`EVALUATION'r+AND 5APPRAISAL, was published in said newspaper in the issues of REpOR ,OF THE CITY'S CO PREHENSFRIPLAN FOR flEVIEW3 ? ,►ND�COMMENT AND flREOUESTINIaiM"N Tt THE yFL0�11DA� h.✓ -.W r rT' f '7i�' HL ,Y Y' 09/09/2005 x � DEPA�TMENTOFCOMMUNITY,AFFAI�tSaDELEGATE THE; SUFFICIENCYgREV1EW OF THE EVAL1jATIONJAND 71PFt�RA1SAL� REPORT(EAR)AF7NECITY'SCOM�REHENSIVEPL'ANTxOaTHE R Affiant further says that the said Miami Daily Business I,k SOUTH�)¢L0RIDA REGIO L"PLANNING,CO,UNCILx(SFRPC. Review is a newspaper published at Miami in said Miami-Dade p,hjp1URSU NS OF THE LCOCAL'GOVERNMENT+) County,Florida and that the said newspaper has f� COMPREHENSNEfAPL"ANNING"� ANDruLAND i DEVEL'OPMENTi heretofore been continuously published in said Miami-Dade County, FREGULA ONStACT,3AFIDPROeVIDING AN EFFETIVEbTyEXu Florida,each day(except Saturday,Sunday and Legal Holidays)' " �$,tn £!`"� }t �.w� �� and has been entered as second class mail matter at the post R ntSpyecial'No The�purpose of ttte abo�ye P llc ti 11glt No 21sa office in Miami in said Miami Dade County,Florida,for a p yto�,,asststhelLocale PlanriingAgency to£review rend,obtain Fcomme �on'tFieCi{�yAs 2005+Evaluation andAppraisaReportS period of one year next preceding the first publication of the s (EAp) and}'jtoA recommend,to 4the�Cit�r��CommisslonFori,rthe attached copy of advertisement;and affiant further says that he oredoptiongandsubsequent¢trensmittalrot th�eNEARtAzState, she has neither paid nor promised any person,firm or corporation (x,tr agencies}tor,'eview�Copies of th®2005;Evaluaon�and Appraisal any di nt,rebate,commission or refund for the purpose �,fReportx{EARjare aVailab)e-fortnspection'kinrith'arofficeioththe� f g x nt y tig t of se uri:g this advertisement for publication in the said , tkx �rPlanningxandaZonin ,Department,Sylva Martin Bufldin ,r6130. tt, new a er. f,, Sunset Drive,Southillliami iFlorida;33143The�EAR�can aisojbe d `viewed on theiratyr of"So'uth MiamFzweb site,�cltyofsouthmiamt`ti 4- i as • g,, ��"J�e�'hut 6 7��y� �htt��-Ki"�.+i,��1�9"�� nr _�e�e1.i?rh�d�'��'�r}?�tT ap ,.`p•'+. �e r �man �, All interested parties are urged�toiattend�Obiecbons ortexpressions^of ap Nj Swom to and subscribed before me this P�oval maybe made in personnattheiheanng or,, 101in�w�iU ngpnort"o o�at' 'the heanngaThe Manning Boardlresenres the nghtnto recommend to.thek� 09 da of SEPTEMBER A.D. 2005 �!tYCornmissionwhatever�thewboableonsiders;in. .-, tfmterestforthe: Y area,involvetl�lnterested�parbes requesbng inforrnabon�"are asked toy rcontact the Planning and Zoinng Depar .drit by calking 305 E6346326 or >a ^a r r r wr►tm to the addressmdicatediabove�llsN�, st��9 r�a'��iKiy°al4nt ,yq�r3, °rr��rtry 4 u'cv kg'9.t��. t 'ti<lEr`,r >tt ik e tin t fgH.? +'rt You are hereby advised thatif any person desires to:appealianyAddision (SEAL) made*w�th;respeat to any+matter considered at;this meeting orrheanng i s`ucft person will need a record ofhthe proceedings"and�for such purpose maykneed to ensure that a verbatim recod of th BOOKIE WILLIAMS personally know Aaria I q�sa e proceetlmgs isimade nz > which record includes the tesbmony and evidence upon�which,the,appeal • • My Commission DD29USS is do'be based(F`$'286 011)5) Refer to heanng number when Malang i oaw Expires March 04,2000 N` i t RESOLUTION NO 13 9-0 5-12118 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED IREPLAT OF THE SOUTH MIAMI METRORAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION"(PLAT BOOK 160,PAGE 85)IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADS COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station, a proposed mixed-use development containing a combination of office, retail and residential space at the South Miami Metrorail Station; and WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the Master Plan Development Standards (Resolution 62-02-11411) for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project ;and WHEREAS, the City Commission at its April 15, 2003 meeting approved a final plat for this property(Resolution No. 59-03-11608); and WHEREAS, The Miami-Dade Transit Agency is now requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site; the purpose of the re-plat is to make a technical correction to the plat by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'; and WHEREAS, the applicant's engineering firm has stated that the 10 foot utility easement would seriously impact the existing building envelope and also affect work anticipated for the overall building site and that the only method for removing the easement is the re-plat procedure; and WHEREAS, the revision to the re-plat will not affect the exterior boundaries or the proposed use of the site and all utilities have submitted letters of no objection; and WHEREAS,the Planning Board at its September 15, 2005 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND . CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The proposed re-plat legally described as Tract "A" of"South Miami Station" e (Plat Book 160, page 85) in Section 25, Township 54 south, range 40 east, City of South Miami, Miami-Dade County, Florida is hereby approved. pg of Res.No. 139-05-12118 Section 2: This resolution shall be effective immediately upon execution. PASSED AND ADOPTED this day of �(/ '�� 2005. ATTEST: APPROVED: CITY CLERK O READ AND APPROVED AS TO FORM: Commission Vote: 4-1 Mayor Russell: Yea Vice MayorPalmer: Yea - Commissioner Wiscombe: Yea CITY ATTO Y Commissioner Birts-Cooper: Yea Commissioner Sherar: Nay EAComm Itemst2005k10-5-05\Hometown Station Plat-reso.doc sour Sooty Miami i .may A14nolca CKreT , - CITY OF SOUTH MIAMI Eg27 P OFFICE OF THE CITY MANAGER �� INTER-OFFICE MEMORANDUM 26°' To: Honorable Mayor,Vice Mayor& Date: � o c t obe r 18 , 2005 City Commission Agenda Iteffi# From: Maria Davis Re: Replat of South Miami Station City Manager dl& (Metrorail) RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COAIi MSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROP SED REPLAT OF THE SOUTH MIAMI METRORAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25,TOWNSHIP 54 SOUTH,RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI DADE COUNTY, FLORIDA, AND PROVIDING AN CTIVE DATE REQUEST: The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved.in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called.Tract W. BACKGROUND: Hometown Station Ltd., in conjunction with the Miami Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail and residential space at the South Miami Metrorail Station (Resolution 62-02-11411). As part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property(Resolution No. 59-03-11608). PROPOSED REVISION: The applicant's engineering firm (PBSI) explains in the accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact "the existing building envelope and will also affect work anticipated by Miami Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat PlatApproval Hometown Station(Metrorad) Page 2 of 2 procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-I3 Water& Sewer Authority and NUI City Gas. PLANNING BOARD ACTION: The Planning Board at its September 15, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. CGWENIIATIGN• It is recommended that the proposed re-plat of Tract"A" of"South Miami Station" be approved. Awchments. Draft resolution PBSI Letter(August 18, 2005)with letters of no objection. Tentative Plat MD/DOD/SAY E:\Comm Items\2005\10-5-05\Hometown Station Plat-report-doe Engineers/Planners/Architects/Surveyors 2009 NW 107 'Avenue Miami,FL 33172-2507 305-592-7275, Ext. 3270 Fax:305-599-0448 E-Mail: 6521@pbsj.com August I8, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33.143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a,1 0-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalleiapbsi.com E-Mail: cread(@jniamidade.jzov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours, Ly . Doug W. Deans, PLS A 8 . 2005 3: 26PM Leasing [MDT) No• 2929 P. 1/3 :gg Egg. M 1 A M '1' 2D •A,-D E. August 10, 2004 NUI City Gas Corporation Attention: Mr. Celso Rodriguez,engineering Manager 933 East 2P Street Hialeah, FL 33013 tl Re: Final Plat of South Miami Station, PB 160 Pg B5 attached Dear Utility: This letter is a request from Miami-Dade County ("County'), through Miami-Dade Transit that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat of South Miami Station (at.tached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's. written assurance to NUI City Gas that Gounty and MDT will provide any necessary easements by separate instrument at a"t4tnre date.for such areas as may be-required to a.ceess your utility, ' Would you so indicate your agreement and acceptance to MDT to indicate your release of ariy rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date, Your prompt response would be most appreciated, Very truly yours, a,• c 4 Joint Development and Leasing AGREED AND kCtFPTFD: By: c (signature) (date) (print name) �_ Au,g • 8 . 06 3:26PK Leasing [MDT] No.2929 P. 2/2 M I A M I -' .'D •A,•-D L' August 9,2004 BellSouth Telecommunications, Inc. Planning and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W. 48"Street, 2nd Floor =•.; Miami, FL 33155 ' Re: Final Plat of South Miami Station, PB 160 Pa'85 (attached) Dear Utility. This letter is a request from Miami-Dade County ("County"), through. Miami-Dade Transit ("MDT"), that BeUSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten. (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-font padrneter ability easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MAT will provide any necessary.easements by separate instrument at a future date for such areas aS may be required to access your utility. Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platter)easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date, Your prompt response would be most appreciated. Very txuly yours, Joint Development and Leasing AGREED AND ACCEPTED: BY: (signature) (date) -- . ------- -------(print name ---- --- - — -------- --- ---- ---__ _ ____-__ .---__ ------- --- - —_---- ��6LFG'Ta� L`—r 47P—r-Q-4- ai in IN 44174_1000 Aug• B• 2-005 3 76PM Leasing [MDT]- Nmiami-bade-transit 111 NW 1 st Sheet-•Suitq 910 I1AM�9 Miami;Florida 33128.1999 T305.375-i597 F305-372-6093 1.0 , Amcoordlnsuon 200 r liamidade.gov Ar'nd'CosadinaUtm January ��200$ M In n,wrc Places A"Itand MenagerMAI Serviem AYIOW Florida Power and Light Company OulldlnyCodaComplianot Attention Ms.Maio Bazile,Project Manager suildlre Construction Services at the'Ricbmond Setviee Center lklOnt"Dewopmenl 14250 S.W. 112 Street Coprtal IMPICAnettMU Miami,FL 33186 ni trtdeps-AmtTmnstorlalion frvrt Corumu�leat,ont Re: Final Plat of South Miami Station.PB 1 V2Z 8:' attached Gotnmtmhy Adon Ager=r mmunity a GeoaornieDeieloptuml Deer Utiillty: C,ornmtmity Relalloro coaAmer Service This letter is a request from Miami Dade County ("County"), through.Mama-Dade Transit r lon:a Refob4l1auon ("MDr'j• that FPL and its successors and assigns, release any rights it may helve to access r-winlywldeHealihcare1`14aning or locate utilities within the ten(1D) foot perimeter utility easement shown on the Final Plat cdtn41Aft rs of South Miami Station(attached). deellon� Emergency manssomerd The County intends to undertake a replat specifually to vacate, abandon and discontinue ElnplogeeFwanow from public use that certain 10 foot perimeter uti`•.ity easement, since the approved Emelow..TadtnoleaySff-ft s development requires construction to the tot lines. To that cud,this letter serves as County's t1ronmrMil Reatttca Msoa®amcd and MDT's wtittan assurance to FPL that County and MDT will provide arty necessary Pair fanploymrnt pradl"'s easem by separate insmment at a future date for so.h areas as may be required to access Flnande your utility. Fire Pam* eatet:;lSCVlcesAdminislrallon Wound you so indicate your agreement and acceptant to MDT to indicate your release of Hlctadr.Preservatlan any rights to access or locate utilities within this platted easement and acknowledge the HomelecrIML County's and MDT's assurance To provide any neeesse ry►casements by separate instrument ljouft"r-ney at a future date. Homing FinanceAutboAly Human SeMces Very ft-uly yours, Independent RevkarPamd IrtlMt=11 nalT.adeeonsottiurn )uveNleA Cmicr Carolyn Read Medical&grainer ttelropoUtrn PiAnnineOWnt=atlon Jofnt Development and Leasing Pak and Rectcatlon P1anningandZotting 1`5G1<V.+ED AND ACCEPTED: POW / 9 Protll►fRtMt � A ' f PropltltYAPP��T By: PttblleLllmrysyslem y (s�a� on�alfof4L 'S* (date) P„I,Ircwaris '"l Sofo Nolgmmncwd Ntks F� w _, cr?_ - '•••�P, + r Solid Wmlelutena pItmnl (pixint mmnc) ?,"Fr fie'til;tG114ri'q+q. � +AS^r`-•'r wi-i 4 x ;11 P�:� � �SgTr� . y�-:• t r Saataglc"Inm hHmApcirmt r',`-hb4''�°..r t k:.:i ` ii:"�'' <'k •w Trnm Mr1:o AttachmCnt � P ... t `,NtM �``4:•.r.�r�,- ��+ �. ••� .rat-. .. ._-..._ _ry Ljr6n ReA16118+11en TASk Farce A /I pt .r (�'� �a"•_'{ t: •jr}'•a�( 6 fiT y�lL' x /bYVfr l'71+�+i/ VI f � l%JLW :�yi J7 .•yy_. Mttatmt and Gardc+te a r.;. _ ti•• 1 -' :•'t ` Vtntaye + �.'.4p 1Naltr and Sewer 4 " i! aM t isriy , r�. *' ':kv 'E:•:.. �� • .t , �It p� -�'n.'�,�e�ei�„•u ek , 'e�j�e `,,�•�'; •{'j• Aug• 12 . 2005 3: 39PM Leasing [MDT) No .3029 P. 1/9 MIAMI-DADE FACSIMILIE TRANSMITTAL SHEET TO: i:xoM Do Deans C.arnl ' Read COMPANY: UA•1 M PBS_ 8/12/2005 FAX NUMBS& 'IX) AL NU.III PAGES INCI INNG COVER 305-599-04Q 9 PHONS NUMBRIL SENDIlIt'S RRIMUN(T...NUMRP.R: 305-592-7275 R.1:: YUURIUii,'idRl:N("1:NUMI M: OP TM (now MDT)-WASD Agreement South Miami Metrorail Station ❑ u kG1dN 1 ❑Foit 1tRVTAw ❑PLEASE COM.MEN 1 ❑111AASE RRPT Y ❑PLLABL R1;CYCL1; Attached please find "Agreement By and Among Mami Dade Office of Pubk T=m-4parta601) Yltia=-Dade Water & Sewer Department and Homctxnvn Station, Ltd. Regarding WASD Udities at South Mami Mmtrorwl Station." The next to the last Whereas on page 1 specifically styes "...with no dedicated casemwts on the plat and have asked WASD to consent m said plat" Which they did. Consent, that is. And along with everybody else,nevr r noticc d the petimetdcal easement.... Use this at your di5crostion_ MIAMI-DADE TRANSIT 111 NW 1sT STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.60171 Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water& Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station TAUS AGREEMENT ("Agreement") is made and entered into this day of eeRember 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTM"), Miami-Dade Water and Sewer Department ("WASD'), in their respective capacities as departments and instruuixnentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd_, a Florida limited.partnership PEI No. 65-1076433, the Managing General Partner of which is Permanentia, Inc., a Florida corporation,FE-1 No. 65-0713095 ("Tenant"). WnEiR ms, on December 16, 1999, by Resolution No. R-1375-99, the Board of County Commissioners awarded a 90-year lease agreement, "South Miami Metrorail Lease" (".Lease") between Miami Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit "A" ("South Miami Site'). On October 23,2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15, 2001 executing Amendment No. 1 to the Lease correcting scrivener's errors. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade mousing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water and/or sewer lines ("Existing Facilities'. WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities') in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development (`Improvements") and thereafter remove the Existing Facilities. WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate insirument(s)prior to completion of construction of the Improvements. 6/l ' d HOVON rinuwi suiseai PWO-0 enn7 WixERFAs, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. WIIExEAs, Tenant acknowledge that W"ASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement_ Now, 7•H RrFoRr,, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1. Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2, Temporary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the New Facilities are operational, have been tested and accepted by WASD, and (ii) service is in place for all parties currently utilizing the Existing Facilities, and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance- 3. Consent to Petition: In consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOw ON NEXT PAGE) 2 of4 GA 'd 6 106 0 N f10W1 gu i seal NdRp:f OAN 71 ,sne IN WTTWSS Wgfwtor,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of S ' f 2003. MIAMI-DADE OFFICE OF PUBLIC TRANSXalmyAlvarez,N MANAGEMENT Date:_ q��03 By: Ex 'vc Director on behalf of Landlord Approved by County Attorney .� as to form and legal sufficiency HOMETOWN STATION, LTD. by PERMANENTIA,INC., its Managing General Partner Date: By: Name: Raul Masvidal Title: President on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: William rani,P.E., hector 3�of 4 0 'd HOV oN f Inwi I i seat Wasr 0 enn7 71 . 0AU IN WPrNM WE EREOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of 6e p ' her , 2003 MIAMI DADS OMCE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By; Danny Alvarez Executive Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOAMTOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date: Name: Ra 'da Title: BtQdent on behalf of Tenant MIAMI DADE,WATER AND SEWER DEPARTMENT Date: By. 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Jai t ay.. � Fta��y,�. aII toV m'mi1 fal d=�'• i rDi,%S'CQSLIi Q Q i9 .i ri i f - ' I rm- QQ�S�S�eCT_A a c � 6/6 ' d 6l0£'ON UGNI 2uise81 Wdltl 9001 'll ' 2nH a4 Sour�� South Miami ' AWWmkalft • egmaeoRAtEi • CITY OF SOUTH MIAMI r t o ��P OFFICE OF THE CITY MANAGER ° INTER-OFFICE MEMORANDUM 2b01 To: Honorable Mayor,Vice Mayor& Date: October 5,2005 City Commission Agenda Item# 14 From: Maria Davis Re: Replat of South Miami Station City Manager l (Metrorail) RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRORAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION"(PLAT BOOK 160,PAGE 85)IN SECTION 25, TOWNSHIP 54 SOUTH,RANGE 40 EAST, CITY OF SOUTH NUAMI, MIAMI-DARE COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE REQUEST: The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A". BACKGROUND: Hometown Station Ltd., in conjunction with the Miami Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail and residential space at the South. Miami Metrorail Station (Resolution 62-02-11411). As part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property(Resolution No. 59-03-11608). PROPOSED REVISION: The applicant's engineering firm (PBSI) explains in the accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact "the existing building envelope and will also affect work anticipated by Miami Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat P PlatApproval Hometown Station(Metrorail) Page 2 of 2 procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-I? Water& Sewer Authority and NUI City Gas. PLANNING BOARD ACTION: The Planning Board at its September 15, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. RECQ ENDATION• It is recommended that the proposed re-plat of Tract"A" of"South Miami Station" be approved. Attachments. Draft resolution PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat r MD/DOD/SAY E:\Comm Items\2005\10-5-05\1iometown Station Plat-report.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED 5 REPLAT OF THE SOUTH MIAMI METRORAIL STATION LOCATED 6 AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND 7 LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI 8 STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25, TOWNSHIP 54 9 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE 10 COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE 11 12 WHEREAS, Hometown Station Ltd., in conjunction with the Miami-Dade County 13 Transit Agency, is undertaking a development at the site of the South Miami Metrorail 14 Station, a proposed mixed-use development containing a combination of office, retail and 15 residential space at the South Miami Metrorail Station;and 16 17 WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the 18 Master Plan Development Standards (Resolution 62-02-11411) for the South Miami Rapid 19 Transit Zone and approved the Hometown Station Development Project ;and 20 21 WHEREAS, the City Commission at its April 15, 2003 meeting approved a final plat for 22 this property(Resolution No. 59-03-11608); and 23 24 WHEREAS, The Miami-Dade Transit Agency is now requesting approval of a proposed 25 replat of the current underlying plat for the Metrorail Station development site; the purpose of 26 the re-plat is to make a technical correction to the plat by removing a 10 foot wide perimeter 27 easement which runs around the boundary of the entire site now called Tract"A'; and 28 29 WHEREAS, the applicant's engineering firm has stated that the 10 foot utility 30 easement would seriously impact the existing building envelope and also affect work 31 anticipated for the overall building site and that the only method for removing the easement is 32 the re-plat procedure; and 33 34 WHEREAS, the revision to the re-plat will not affect the exterior boundaries or the 35 proposed use of the site and all utilities have submitted letters of no objection; and 36 37 WHEREAS,the Planning Board at its September 15, 2005 meeting, after public hearing, 38 adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. 39 , 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: 42 43 Section 1: The proposed re-plat legally described as Tract "A" of"South Miami Station" 44 (Plat Book 160, page 85) in Section 25, Township 54 south, range 40 east, City of South 45 Miami, Miami-Dade County,Florida is hereby approved. 46 I Section 2: This resolution shall be effective immediately upon execution. 2 3 4 PASSED AND ADOPTED this day of 2005. 5 6 ATTEST: APPROVED: 7 8 9 10 CITY CLERIC MAYOR I1 12 13 14 READ AND APPROVED AS TO FORM: Commission Vote: 15 Mayor Russell: 16 Vice MayorPalmer: 17 Commissioner Wiscombe: 18 CITY ATTORNEY Commissioner Rirts-Cooper: 19 Commissioner Sherar: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 EAComm Items\2005\1 0-5-051Hometown Station Plat-reso.doe Engineers/Planners/Architects/Surveyors 2001 NW 10e Avenue Miami, FL 33172-2507 305-592-7275, Ext. 3270 Fax:305-599-0448 E-Mail: 6521@pbsj.com August 18, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&,J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalle(a-),pbsi.com E-Mail: _cread(@miamidade.gov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&,J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours, Doug W. Deans, PLS Aug . 8 . 2005 3:26PM Leasing [MDT] No. 2929 P. 1/3 3� 1V1 1 A M 'T. '. D'•A,-D E' y August 10, 2004 NLTI City Cas Corporation Attembon: Mr. Celso Rodriguez, engineering Manager 933 East 2P Street Hialeah, FL 33013 Re: Final Plat of South Miami Station, PB 160 P•.g_85 attached Dear Utility: This letter is a request from Miami-Dade County ("County'1, through Miami-Dade Transit ("MDT"), that NUT City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten 00) foot perimeter utility easement shown on the Final Plat o C South Miami Station (attached), The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to NUI City Gas that Gounty and MDT will provide any.necessary easements by separate instrument at itutt re date for such areas as may be-required to access your utility, Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MD'Z''s assurance to provide any necessary easements by separate instnunent at a future date. Your prompt response would be most appreciated, Very truly yours, Joint Development and Leasing AGREED AND ACCEPTED: By: (signature) (date) (print name) Qtsanl.a.. D rlMAP f�a.p— 117 AT.-.I....._.. T':_ (._.. n.__, n,n • .. e.� ........ Aug . 8. H05 3;26PM. Leasing [MDT] No.2929 P. 2/3 M I A M I D •A,--D E' WIN �t�g � L y, . August 9,2004 BellSouth Telecommunications, Inc. Planing and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W.48d Street, 2n'Floor Miami,FL 33155 Re: Final Plat of South Miami Station PB 160 Pg 85 (attached Dear Utility: This letter is a request from Miami-Dade County (°`County'), through Miami-Dade Transit CW DT'j, that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten, (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future date for such areas as may be required to access your utility. Would you so indicate your agreement and acceptance to NOT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future daze. Your prompt response would be most appreciated. Very truly yours, �4 g-�4 Joint Development and Leasing AGREED AND ACCEPTED: By: (signature) (date) (print name) Stephen P. Clerk Center, III Northwest First Street-Suite 910. Miami_ FL 3.312A-1999 Aug' B ' 2005 3:26PM Leasing [MDT] Nio-2929 P-�ad 3/3. ('QMa�D 111 NW 1st Street-•Suitt 910 IVliaml,Florida 33128.1999 T305-375-2597 F305-372-6093 �oA coonilnauon rniamidade.gov Agend•raasdlnaUon January 18,2005 Art In ruble Places Ar3{tand Mang~Servleov AV{a®Wn Florida Power and Light Company sul{dinscadcCampliano: Attention: Ms.Maio Bazile,Project Manager Building Construction Smvices at the Richmond Service Center PubnwDewopmen{ 14250 S.W. 112 Street eoprUl Imprauter MU Miami,FL 33186 na 1r4tependwtTmngorlalron(ryot CwwwrileAtlom• Re-, Final Plat of South Miami Station,PB 162h 88." attached Camanlnlly Adon AsenCr mmunity A t=p=IcOmIoprncn1 Dealr Utxllty- Communhy wanam cansumer:�er+�c� This letter is a request from Miami-Dade Count ("Coi ity"), through Miami-Dade Transit Cart dont 4RrlobllllaUoa ("N r-1, that FPL and its successors and assigns, release any rights it may have to access Gwmtyl4de Mallheare Plfrwn& or locate utilities within the ten(I D) foot perimeter utility easernicat shown on the Final Plat c.J,a4r/bairn of South Miami Station(attached). geeUorv: Emersency nunapment The County intends to undertake a replat specifically to vacate, abandon and discontinue F.mplayceRdallaw fI'Dtxt public use that certain 10 foot perimeter uti`•.ity easement, since the approved Enreipna:Taehnoblgysemm i; development requites construction to the lot lines. To Drat end,this letter serves as County's 11ronmMIAl Itwu ca pdanagamW and MDT's written assurance to FPL that County ad MDT will provide any necessary fair"IrTnentPl'cd`as easements by separate instrument at a future date for sir h areas as may be required to access Flnonrre your utility. Fire Recce GenamlB VirmsAdm{nisiradon Would you so indicate your agreement and acceptant to MDT to indicate your release of any rights to access or locate utilities within this platted easement and aelmowledge the HomelescTruxt County's and MDT's assumee w provide any necessity casements by separate insumment Hoodng AF"cl' at a futltre date. Mousing Flnar=Autbodly Numan y,F000 lndop-i Went Reviewtaaal Very truly yours, InIernauanalT.ade Camiguin IuveUleAawn wsUCemice Carol Read Madiral Examiner yn rtelropnhon PlnnMneCrpn{utlon Joint Development and Leasing Pukand Qe�rpdon planningandZoNns 1`itTRX=AND ACCEPTED: PGOW Prataf nt l f PropftlyAppAppolsYr Bpi 1r f� PIrblletrbmy SV%Iem � (sigASttlr on b u of F?L -Y date) Public Waft Sete Nagwrhoodratk9 Q' rig- _ _; •r- :p7n "�i{:•{ v:n.•. F //f�/ 1• • 1'1'j'r:" war'~'L Stnpelr .• ,'d; Solid Wale Mma�rmOnl (print n=c) _'eh Prl';:C i 1�rh?�.:i'y�� .' i`i �~±' �JV�.. '" �'•tillt '.i it" :... :.1,« Slrs�glc BlrllNE•V hknAgc ftrtafl 1„h 4ii;« {w s:�«1,r:.r••. - " ' ' ' 1"'FI'q !'r a ss ' :..!•'� Term MrLo }. :'.r+- :.• ,�+.'. .G.�+ p TWO Attachment r . Cnt 1: p�M r/IQ. :•:.., l ,r,'!r' .It i d:.'" ra( ,v�. sm,' •'J �.'?.I.0 /I� t6,i•. ..tlx rF �"Ilu;,'. ti 'n .� 'r ,1: .h�N •.r ;: tr�`«I (n F-� ;J t�Ya'.^ ,�; a:','t y A yt�yye.f�i7�lf•.I• �1`.-1 as fy�� 1;rI.;. :s 1•i '. V19rnMusaurnl n Gardu+r y: ` ; _.^ „/` t«rr•« n a f•.• .i v,I ...�.. ,�.r a Walcr and SeWer -r1� ,•' iy '':-' °„ •::�- �s •�tr,��'� 1j�ra !�.i�l'�'i ,{'��«a:•' 'i�f:(U':.' M.l=,fit 1. r S � � : � na•t l: a:iMa'yy�n:{ drr 0•r „'•+ }•i{. Aug- 12 . 2005 3:39PM Leasing [MDT] No -3029 P , 1/9 JII[AMI-DADF FACSIMTLTE TRANSMITTAL SHEET To: FROM D Deans Caxolyh Rcad COMPANY: UA'i'L- PB� 8/12/2005 FAX NUMBER II)TA1.NU OIL MGM%INC1.UATNG COVER: 305-599-0448 9 PHONIS NUItQBIM. SEN1]U S IMPRUiNCR NUMAER: 305-592-7275 Rh: YOUR IU-0-TM1:Nf T.NLIM111:1t: OP TM(now MDT)-WASD Agreement South Miami Metrdt: A Station ❑ukrauNi ❑t+QR RF.vmw ❑PUZASL"COMMEN1 ❑t't.ttASE RRrTY ❑PLBASl RLCYCLE Attached please find "Agreement By and Among Miami-Dade Office of Public T=mTottatioo Management, Miami-Dade Wattt tic Sewer Dep==t and Homoxnvn Station, Ltd. Regarding WASD Utilities at South Miami Metmr.0 Stat om." The next to the last Whereas on Page 1 specifically states "...with no dedicated casctneAts on the plat and have asked WASD to consent to said plat" Which they did.. Consent, that is. And along with everybody else,never notiaxi the pelii.netdcal easemenL... Use this at your discrLiion. MIAMI-DADE TRANSIT 111 NW 1ST STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.6017) Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water& Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station Tits AGREEMENT ("Agreement") is made and entered into this day of er 2003, by and among Miami-Dade Office of Public Transportation Managcmcat ("OPTM"), Miami-Dade Water and Sewer Department ("WASD"), their respective capacities as departments and instrumentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd_, a Florida limited partnership FEI No. 65-1076433, the Managing General Partner of which is Permanentia, Inc., a Florida corporation,FEI No. 65-0713095 ("Tenant"), WUERLAS, on December 16, 1999, by Resolution No. R-1375-99, the Board of County Commissioners awarded a 90-year lease agreement, "South Miami Metrorail Lease" ("Lease") between Miami Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit "A" ("South Miami Site'), On October 23,2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15,2001 executing Amendment No. 1 to the Lease correcting scrivener's errors. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade Housing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water and/or sewer lines ("Existing Facilities"). WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities") in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities. WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instrument(s)prior to completion of construction of the Improvements. 6/Z ' d 6Z0E' 0N f10W1 luiseel W�RP:P OW -71 - gnu WHEREAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. WHEN C-AS, Tenant acknowledge that WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement. NOW, rfEPrjF0RF,, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1. Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2, Temporary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including. a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the New Facilities are operational, have been tested and accepted by WASD, and(ii) service is in place for all parties currently utilizing the Existing Facilities, and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance. 3. Consent to Petition: In consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith, 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOW ON NEXT PAGE) 2 of4 6/E 'd 6 206 0 N [JOWI qu i seel WrlM P OW 71 ,RAH IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be cxccuted by their duly-authorized officers as of this day of S ' 2003. MIAMI-DADE OFFICE OF PUBLIC TRANSPO 4Exve EMENT Date: q $ 03 By: Danny Alva Director on behalf of Landlord Approved by County Attorney .� as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date-, By. Name: Raul Masvidal Title: President on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: By: William rani,P.fi., irector 3 of 4 0 'd 6 10V ON rim m sees Waac' P enn7 7 1 • QnU IN WffNM WEMMOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this, day of Qptsm hgr p 2003 MUMI-DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By: Danny Alvarez,Executive Director on behalf of Landlord Approved by County AUomey as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMS INC., its Managing General Partner Y. Date: �I la3 Name: Ra 'da Title: esident on behalf of Tenant MIAMI DADE WATER AND SEWER DEPARTMENT Date: By_ William X Brant, P.E_,Director 3 of 4 6/9 ' d ROVoN fInNI 2uiseer WAnt:c Cnn7 ' 71 - M L v'2 E m ZOWOF-(9 �ZQJ PpJpO LLQLLWQQ'�n WxLL W.: D U pm-m O �'~—Fwz 'O,U;RLp. "� .00 O(7w .cp-o>�. 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E c. `w L_ n v c p 3 }y=E 000 mmpa.m`c o n vi`— C°i�maciEm`c o x _JE w co mE n m r�=gym Hm 01mnEE r m m Q vi L ¢C L.,N 20- C A 0 L C m m a L O U m y W m �p 2< �WJmv io¢ ? c m3m�m�cymaav o- =y¢j�-D 7¢ v mmmD a° L m a w Q a LL 0 m¢�`=LL d N= X h L m O m y p p L C m` c w W 0, —°w¢;°1 i.m pU 230 _"�oDmo�m° Q7 m>7 mD o� LS MD �m rn mmo Lpam°m m>.vi 3 o v Q LL NU Om¢mUa Ua 5; ° <0:C) oamm m`oc N (n O South Miami F $OUT�I kr�,,,,A All•Amli 3 1 ' CITY OF SOUTH MIAMI NCORPORATEDP • 1927 OFFICE OF THE CITY MANAGER O RSA INTER-OFFICE MEMORANDUM 2001 To: Honorable Mayor,Vice Mayor& Date: October 5, 2005 Commission Members Item No: From: Maria Davis Replat of South Miami City Manager Hometown Station(Metrorail) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE REQUEST The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'. BACKGROUND Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail, and residential space at the South Miami Metrorail Station (Resolution 62-02-11411). As part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03- 11608). PROPOSED REVISION The applicant's engineering firm (PBSJ) explains in accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact " the existing building envelope and will also affect work anticipated by Miami-Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-D Water& Sewer Authority and NUI City Gas. 9- Plat Approval Hometown Station(Metrorail) Page 2 of 2 PLANNING BOARD ACTION The Planning Board at its September 15, 2005 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. RECOMMENDATION It is recommended that the proposed re-plat of Tract"A" of"South Miami Station be approved. Attachments: Draft resolution PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat MD/DOD/SAY E:\Comm Items\2005\10-5-05\Hometown Station Plat-report.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station, a proposed mixed-use development containing a combination of office, retail, and residential space at the South Miami Metrorail Station; and WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the Master Plan Development Standards (Resolution 62-02-11411) for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project ;and WHEREAS, the City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03-11608); and WHEREAS, The Miami-Dade Transit Agency is now requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site; the purpose of the re-plat to make a technical correction to the plat by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'; and WHEREAS,the applicant's engineering firm has stated that the 10 foot utility easement would seriously impact the existing building envelope and also affect work anticipated the overall building site and that the only method for removing the easement is the re-plat procedure; and WHEREAS,the revision to the re-plat will not affect the exterior boundaries or the proposed use of the site and all utilities have submitted letters of no objection; and WHEREAS,the Planning Board at its September 15, 2005 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The proposed re-plat legally described as Tract "A" of"South Miami Station" (Plat Book 160, page 85) in Section 25, Township 54 south, range 40 east, City of South Miami, Miami-Dade County, Florida is hereby approved. (2) Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of 2005. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Commission Vote: Mayor Russell: Vice MayorPalmer: Commissioner Wiscombe: Commissioner Sherar: Commissioner Birts-Cooper CITY ATTORNEY EAComm Items\2005\10-5-05\Hometown Station Plat-reso.doc r t Sou TAt South Miami Arl r F All-AmedcaCi y U "+ INCORPORATEQ 1927 O Rt0 2001 CITY OF SOUTH NIIANII To: Honorable Chair& Date: September 15,2005 Planning Board Members Re: From: Don O'Donniley Replat of South Miami Planning Director Hometown Station(Metrorail) PB-05-026 Applicant: Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE REQUEST The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'. BACKGROUND Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail, and residential space at the, South Miami Metrorail Station (Resolution 62-02-11411). As. part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03- 11608). PROPOSED REVISION The applicant's engineering firm (PBSJ) explains in accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact " the existing building envelope and will also affect work anticipated by Miami-Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-D Water& Sewer Authority and NUI City Gas. Plat Approval Hometown Station (Metrorail) Page 2 of 2 RECOMMENDATION It is recommended that the proposed re-plat of Tract"A"of"South Miami Station be approved. Attachments: PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat DOD/S E:\PB\PB gendas Staff Reports\2005 Agendas Staff Reports\9-15-05\Hometown Station Plat-report.doc Engineers/Planners/Architects/Surveyors 2001 NW 107'h Avenue Miami, FL 33172-2507 305-592-7275, Ext. 3270 Fax:305-599-0448 E-Mail: 6521@pbsj.com August 1 S, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvallenpbsj.com E-Mail: creacV ,miamidade.gov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBSBvJ, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours,` Gv Doug W. Deans, PLS Aug. 8 2005 2 HPM leasing [MDT] No, 2929 P. 1/2 M f A M 'Y.;:n -A,,D E August 10, 2004 NUI City Gas Corporation Attention: lv1r. Celso Rodriguez,, l✓iigineering Manager 933 East 2P Street Hialeah, FL 33013 Re' Final Plat of South Miami Station, PB 160 P.g.85 attached Dear Utility.. This letter is a request from Miami-Dade County ("Colanty'l, through Miatni-Dade Transit ("MDT,), that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat ol'South Miami Station (attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development Keguires construction to the lot lines. To that cud, this letter serves as County's and MDT's written assurance to NUI qty Gas that Gtounty and MDT will provide any necessary easements by separate instrument at a' tore date for such areas as may be'required to access your utility, Would you so indicate your agreement and acceptance to MDT to indicate your release of ariy rights to access or locate utilities within this platted easement and acknowledge the County's and MbT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated. Very truly yours, Joint Development and Leasing AGREED AND ACCEPTED: BY' I.- (signature) (date) (print name) Stephen P Clark Center, I11 Northwest First Street-Suite 910. Mimi ri. ,VAi*Q_1000 Aug . 8. 1005 3:26PM. Leasing [MDT] No 2929 P. 2/3 r M I A M I = D •A,,-D L' August 9,2004 BellSouth Telecommunications,Inc. Planning and Provisioning Attention: Ms.Janet Valencia,Network P1,Ann+ng 7325 S.W.48"Street, 2 'Floor =..; Miarni, FL 33155 Re: Final Plat of South Miami Statioa PB 160 Pg 85 (attached) Dear Utility: This letter is a request from Miami-Dade County C'County), through Miami-Dade Transit CWDrj, that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten, (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain I0-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future date for such areas as may be required to access your utility. Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated. Very truly yours, w 4 ra'a Joint Development and Leasing AGREED AND ACCEPTED: B y: (signature) (date) i wk" - (paint name) DI-5-7 Stephen P. Clerk Center. 111 Northwest First Street-Suite 910.Miami. FL 33128-1999 Aug. 8 . 2005 3:26PM Leasing [MDT) No-2929 P. 3/3. miami-Dade i mnsit I'QM��p 111 NW lst strl:et••Suite 910 (uliaml,Florida 33128.1999 T305-375.2597 F305-372-6093 Apt cooldlneuon nliamidade.gov Arr*Comdinallcn January 18,200$ Art In PublrC Plun Audrtand ManagelteW Sm+dCtn AV1199n Florida Power and Light Company $rdldlnscodocornpltmtos Attention: Ms.Mario Bazile,Project Manager aUndtry Construction Services at the Richmond Service Center Riva"mDeuelopmem 14250 S.W. 112 Street C*131Irnismur"MIS Miami,FL 33186 nw ptdependattTranVorlalion frvtt CommtmIrAtlons Re: Final Plat of South Miami Station.PB 16Ug 8 , attached Comrminlly radon Apeaw mmunky A GcorWIC De*opment Dear Utility: Cornmmfty Ralaffottr �n+erme►�er•I This letter is a request from Miami Dade County ("County'), through Miami-Dade Transit Cerreduow a Rdabmuuon (,%mrl,that FPL and its successors and assigns, release any rights it may have to access Gountytrlde Hea►Ihcarc plgnning or locate utilities within the ten(10) foot perimeter utility easement shown on the Final Plat cG1111VclNralts of South Miarni Station(attached). a Emewcy minagament The Cwnty intends to undertake a replat speciftally to vacate, abandon and discontinue rmpleyeeRelagas frpm public use that certain 10 foot perimeter uti`.ity easement, since the approved EmviarlanTec%nology SeMm development requires construction to the lot fines. To Mat end,this letter serves as County's gronmmtnl Resources MeneSetnard and MDT's wrizen assurance to FPL that County and MDT will provide any necessary Nirr"epinymcrtPractices easetaeats by separate instrument at a future date for so.h areas as may be required to access Fllwna your utility" fire Reeve General$*VIMAdmrnlslrallon Would you so indicate your agreement and acceptance to MDT to indicate your release of "`oork non any rights to access or locate utilities within this platted easement and acknowledge the He m County's and MDT's asswarnce to provide any necessary easements by separate instrument at a suture date. Rousing FlnarAuthority im Mvman servics Indap!ndent RavkwFhnel Very frilly yours, InIgnmaitanalT'ade Consotduln Inv8>,leA"V'rOrdCa'tLV Carol Read Madiol Ltpmingr detropr lltm PirotnIgOBardaatlon Joint Development and Teasing 14rkand RRCrcadon planningandZ19rii AGREED AND ACCEPTED: Police Prt>cu►ar,rnt Propegynppod— Bpi PIIblIe Llbnay 90WIn , (signatur on b 1f of I;PI. date) Public Wads Safe NeighborhoodPatk9 / , F4 //7 / / 1•` . ' t �4�•V y.. "} ^��.;j,r:: �j„�II':n,t Srsperl .'::�:!=trt��'�•';;1�`ryitid� ••:.•i:;'• ,_�„+, , Solidwasleltnana Inonl (Pheir n=c) °i`{ 'ar;G•"-1'; .`;'�k r; .'-°��r..•+ T: L, Strategic Burin"MAnagl:m"fit �'Cpai�'Ir :'`f .•'�'I�tt�.1.11=' i{M:wp;,v '�i,�.,y�;�,,,w , mdro !Jf Attachment r •li r I!, ';".• - �� r I'r::•,:. „x- ';,�� •1� IV r'�'! i�+y,'S:i iii: ti. t*I� ti!'G NOV. ..II. Ii4' �r IO.y �•lM6 r,.;.' lhlyan ReWte IIlett —'" ,�, .',n ! r. !' r:t'1:• a: ":'y I an Task Farce -1. W . :1•: Vl;rn Mtacunt and t5ardbet .., .., ... x t � .•, ya , V .. a.• r... Wale and Sewer ~'!' {�;; 'i : _ ' �'A:_• n.lilsi•; ' .S ..41 M'�:•��" �t t'i:rtiti y'j t�,�?'-• h�•. (� �•ti l,.A.(i"' .A1A :M� }�'' ::i••.�r"•�'i:1 rr ` r• �• i yi F.r i h Rr,-!!i'wk lr.l t•;jt�''•hr t'-'�el•l.t. ".4n7i', •_,'C•`� tv Vii. P Aug- 12 , 2005 3:39PM Leasing [MDT] No -3029 P. 1/9 MIAMI-DADF FACSIMTLIE TRANSMITTAL SHEET TO: rxOM Doug Deans Carolyh Carol' Read COMPANY: L).WIIL- PBS_ 8/12/2005 FAX NUM SEW TOTAL NO.OU'vAms INn.UATNG COVER: 305-599-(M8 9 PHONE NUMSHIL, SUN1)M S IU's11HUNCR NUM1P.R: 305-592-7275 �0 YOUR 1UA"I;R16NCR NUM MIt: OPrM(n<yw MDT)-WASD Agreetnent South Maori Metrru-ail Station ❑ upGuN! ❑F+oit RFVTRW ❑PuAmi COMMENT ❑1'LHASR RFPTY ❑PL>rASL RLCYCLL, Attached please find "Agreement By and Among Ummi-Dade Office of Public T=spottation Managemen>; Mia=-Dadc Water & Sewer Department and Homoxnvn Station, Ltd. Regarding WASD UWides at South Maori MetrnrA Statics." The next to the last Whereas on page 1 specifically states "...wirh no dedicated easements on the plat and have askcd WA.SD to consent to said plat" Which they did. Consent, that is. And along with everybody else,ncvr r notiaxi the peti:netdcal easement... Use this at your disc rL:tion. MIAMI-DADE TRANSIT 111 NW 1sT STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.6017) Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water&Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station TATS AGREEMENT ("Agreement") is made and entered into this day of WabCr 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTM"), Miami-Dade Water and Sewer Department ("WASD"), in their respective capacities as departments and instrLuuentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd., a Florida limited partnership FEI No. 65-1076433, the Managing General Partner of which is Permanentia, Inc., a Florida corporation,FEI No. 65-0713095 ("Tenant"), WHEREAS, on December 16, 1999, by Resolution No. R-1375-99, the Board of County Commissioners awarded a 90-year lease agreement, "South Miami Metrordil Lease" ("Lease") between Miami Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit"A" ("South Miami Site"). On October 23,2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15,2001 executing Amendment No. 1 to the Lease correcting scrivener's errors. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade Dousing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water and/or sewer lines ("Existing Facilities,'). WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities') in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities. WIiN,REAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instruments)prior to completion of construction of the improvements, 6/Z ' d 6Z08 ' 0 N UONI Ru i seal UP,:P, GflN Z 1 ,Raw WHEUAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. W11EREAs, Tenant acknowledge tbat WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement. Now, i-ffRYtrjFORr,, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1. Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2. Temnorary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the Now Facilities are operational, have been tested and accepted by WASD,and(ii)service is in place for all parties currently utilizing the Existing Facilities,and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance. 3. Consent to Petition: In consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith, 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOW ON NEXT PAGE) 2 of4 6/E 'd 6 b06 0 N [ION] quiseel Wd6E;E Q007 7.. 1 ,2nV IN WITNESS%feRgoT,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of S ' r 2003. MIAMI-DADS OFFICE OF PUBLIC TRANSPO N MANAGEMENT Date: q1$�03 By. Danny Alvarez,Ex be Director on behalf of Landlord Approved by County Attorney . as to form and legal sufficiency, . HOMETOWN STATION,LTD. by PEZMANENTIA,INC., its Managing General Partner Date: By. Name: Raul Masvidal Title: President, on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: al $�D 3 By: William rani,P.E., irector 3 of 4 6/t ' d HOV ON f UI H i seer WARP' c enn7 171 , M IN WffNLSS WEMEOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of �' !'� 2003 MIAMI-DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By: Danny Alvarez,Executive Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANEN11LA,INC., its Managing General Partner Date: Name: Ra Title: �oTenma on bnt MIAMI DA DE WATER AND SEWER DEPARTMENT Date: By William M Brant, PE_,Director 3 d4 6/9 'd NOVON fInNI 2uistej NWc OW ' 71 - any ! THE HERALD I SUNDAY.SEPTEMBER 11,2005 1 OD NOTICE OF PUBLIC HEAPING CITY OF SOUTH. MIAMI Planning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305)663-6326; Fax#: (305) 668-7356 On Thursday, September 15, 2005 at 7:30.P.M., the City of South Miami Planning Board," as -the Local. Planning Agency, will conduct Public Hearings'in the . City Commission Chambers at the above address on the following items: PB-05-026 Applicant:Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED . REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT"A"OF"SOUTH MIAMI STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25,TOWNSHIP 54 SOUTH, RANGE 40'EAST,CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA;AND PROVIDING AN EFFECTIVE DATE. (2)A-RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH`MIAMI, FLORIDA, ADOPTING. AND TRANSMITTING THE"2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN FOR REVIEW AND . COMMENT AND REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW . OF THE EVALUATIOWAND.APPRAISAL REPORT(EAR) OF THE CITY'S COMPREHENSIVE PLAN TO .THE .SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF 'THE LOCAL. GOVERNMENT COMPREHENSIVE PLANNING.AND LAND DEVELOPMENT REGULATIONS ACT;. AND PROVIDINGAN EFFECTIVE DATE.. Special Note:The purpose of the above Public Hearing No.2 is to assist the Local Planning.Agency to review and obtain comments an the City's 2005 Evaluation and appraisal Report(EAR)and to recommend,to the City commission on the.adoption and subsequent transmittal of the.EAR to State agencies for review. Copies of the 2005 Evaluation and appraisal report(EAR)are available for inspection In'the office of the Planning and Zoning Department,Sylva Martin Building,6130 Sunset Drive,South Miami,Florida,33143.The EAR can also be viewed on the City of South Miami website:cityofsouthmiami.net All interested.partles are urged to attend.Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearin ..The Planning Board reserves the right to recommend to the Cl Commission whatever the board considers In the best interest for t a area Involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663=6326 or writing to the address.indicated above. You are hereby advised that if,any.person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,such person will need a record of the proceedings,and for such purpose may need to ensure that a verbatim record of the proceedings. is made;:which record includes the testimony and evidence upon which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. c fT.,,> ;NOTICE OF PUBLIC HEARING ti CITY OF SOUTH MIAMI I rY :<�fTt•."'9+at';t C' -,}�r t � r +*"C.r Y . -,yy,..,p f.f•+"_"^' .'a' ^+•mod'-. ..;..a+ ..;... •'r^r.� i �ar•"',; ,�7f�,+ZiH ?�}t +`ai:l k'L. 6 ,} 6130 Sunset Drivel SouthMiamBnFlonda 33143} `" t MIAMI DAILY BUSINESS REVIEW :_phone (305)663-6326 Fax# (305)6687356��' " <f t j Published Daily except Saturday,Sunday and , *ifi Legal Holidays + Miami,Miami-Dade County,Florida ,on hursda'Septeinber,15,`2005 at7:30 P.M.,,;the Ci Hof Soirth�Miami' Thursday; STATE OF FLORIDA ,Planrnng Board acting asthe,Loca(Planrnng Agency wdl onduct Pubiict COUNTY OF GRID DADE: ,Heanngsjn the city;Cornmission Chambers at the ab�o}ve address on the following items u �v-, tX, a �� iw �u fs 71o4rr� . Before the undersigned authority personally appeared P"5-026 544 A = y� SOOKIE WILLIAMS,who on oath says that he or she is the Applicant:MiamrDade Transit Authonty A RESOLUTION OF„THE MAYOR AND CITY COMMISSION OF VICE PRESIDENT,Legal Notices of the Miami Daily Business i TME�TCRy4 OF.+SOUTH�.MIAMI;';FLORIDA, IAPPROVING:,A1 Review f/k/a Miami Review,a daily(except Saturday,Sunday PROPOSED.'Air -!00-;THE<SOUTH*MIAMI'METROj`RAIL� and Legal Holidays)newspaper,published at Miami in Miami-Dade `is�STATION;LOCATED AT{THE INTERSECTION:OF SW 59 PLACE' County,Florida;that the attached copy of advertisement, i4. `ANDSW,72AVENUEANDLEGALLYDESCRIBEDASIrRACT.;'A"� being a Legal Advertisement of Notice in the matter of OF *SOUTH MIAMI STATION'(PLAT;BOOK 160;PAGE'85) IN ,'n SECTION 25,TOWNSHIP,54 SOUTH„RANGE 40 EAST,CiTY,OF;1 ,' .r„SOUTH,MIAMI,MIAMI-DADE COUNTY,FLORIDA,AND PROVIDING9 tri 4 rte r'i`l CITY OF SOUTH MIAMI-PUBLIC HEARING-9/15/2005 � sryAN EFFECTIVE DATE , yip RE:ITEM: PB-05-026n >rti5� a4 }Z s r I ,:�.,;� �r. •.� (2)A•RESOI.UTiON OFLTHE MAYOR AND CITY;COMMISSION Y rOETHE CITY;OF;SOUTH;MU4MI,;FLORIDA;?ADOPTING'AND� in the XXXX Court, r ,i x �' was published in said newspaper in the issues of 4�i; ;,TRANSMITTING Tl Elk, 005«EVALUATION.AND• APPRAISAL; §REPORT}OFTHE CITY'S COMPREHENSiVEPLAN FOR REVIEW;) AND' COMMENT AND.REGiUESTI1(G3 A7'THE FLORIDA:i 09/09/2005 r 'ti DEPARTMENTS OFD COMMUNITY AFFAiO§ DELEGATE THE.t }SUFFICIENCI(tREVIEW OF THE EVALUATION AND APPRAISALa REPORT(EA .O 9CITY'S COMpRENENSiVE PLAN TO THE R) F. . Affiant further says that the said Miami Daily Business r„i t!SOUTH,FLORIDAgREG10NAL PLANNING COUNCIL (SFRPC) Review is a newspaper published at Miami in said Miami-Dade tw C� RENENSIVEE R.GVE I�NGS AND LAD DEVELOPMENTr` County,Florida and that the said newspaper has m' heretofore been continuously published in said Miami-Dade County, I, REGULATIONS ACT,AND PROVIDING ANN CTNE DATE l f t rte^ "et i F N f may,7 lit --,��krtt:✓'. h`{,."� �+t J"�" � .s ,�, ,. u Florida,each day(except Saturday,Sunday and Legal Holidays) . .and has been entered as second class mail matter at the post t``'' assist”the l.oecpal purpose Ing4Age cy�brev ew and obtain office in Miami in said Miami-Dade County,Florida,fora ,k*y comrireMs on the City's 2005 Evaluation'and Appraisal Report period of one year next preceding the first publication of the '¢' (EAR) and to mcommend to,the Citj%�Commissfontii the: attached copy of advertisement;and affiant further says that he or ,se+AgdoptionaniJ„subsequent;trarismittaiFof,the7EAR to:iStafe she has neither paid nor promised any person,firm or corporation ��L jagenciesfor,reviewlCopiesofthe.2005 EvaluatfonandAppraisal any di nt,rebate,commission or refund for the purpose °Report,(EAR)are available"tor inspection Iwitheioffice of,the{ of se uri•g this advertisement for publication in the said ,:;,Planning,and:Zoning:Department,Sy1va.Martin;BUllding,5130# new a er. Sunset Drive;South-Miami;Florida;33143`The EAR can also be viewed on the'Ctty of South Miamt web;site,cltyofsouthmiBin Z4*4 All interested parties are urged to attend Objections or expressions of ap ry Swom to and subscribed before me this proval may be made 4n person at the hearing orfiled in writingprior to or at j' the hearing The'Planning.Board reserves the right to recommend to'the i 09 da of SEPTEMBER A.D. 2005 -City.Commissionwhatevertheboardconsidersin i' `0 idni'sked.'46` y urea•lnvotved tlnterested parties requesting infoirnation*lire'asked.toy ;contact the Planrnng and Zoning Departmentbyrcall4ng 305 663 6326 on writingto th e address indicated above +.: �x Y You are hereby advised that'if any person'desires to appeal any decision, (SEAL) ,made with respect to any'niaHer considered at'this meeting or he' i ;such-person.will need a,record of the proceedings;and foi;sucti purpose BOOKIE WILLIAMS personally kno,�, { M�1.Mesa may need to ensure tfiat a verbatim record of the proceedings is made,i V which,r"ecord includes the testimony and evidence upon which the appeal My Commission DD293865 'is to be based(F S.286 0105) Refer to hearing number when malung i Expires lies March 04,2008 anylnquiry. 6/584 3 21:15M o s o U r� South Miami �- All-America City v - INCORPORATED 1927 � 0RXO� Zoos CITY OF SOUTH MIAMI To: Honorable Chair& Date: September 15,2005 Planning Board Members Re: From: Don O'Donniley Replat of South Miami Planning Director Hometown Station(Metrorail) PB-05-026 Applicant: Miami-Dade Transit Authority. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF `SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE REQUEST The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'. BACKGROUND Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail, and residential space at the' South Miami Metrorail Station (Resolution 62-02-11411). As. part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03- 11608). PROPOSED REVISION The applicant's engineering firm (PBSJ) explains in accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact " the existing building envelope and will also affect work anticipated by Miami-Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection'from Bell-South, FP&L, M-D Water& Sewer Authority and NUI City Gas. r i Plat Approval Hometown Station (Metrorail) Page 2 of 2 RECOMMENDATION It is recommended that the proposed re-plat of Tract"A" of"South Miami Station be approved. Attachments: PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat DOD/S�`9ged DOD/PB taff Reports\2005 Agendas Staff Reports\9-15-05\Hometown Station Plat-report.doc Engineers/Planners/Architects/Surveyors 2001 NW 107th Avenue Miami,FL 33172-2507 305-592-7275, Ext. 3270 Fax:305-599-0448 E-Mail: 6521@pbsj.com August 18, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&,J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&,J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalle(c,pbsj.com E-Mail: crea k ,miamidade gov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&,J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours, �v Doug W. Deans, PLS Aug. 8 N05 3:26PM Leasing [MDT] No . 2929 P. 1/3 µ� August 10, 2004 NUI City Gas Corporation Attention: Mr. Celso Rodriguez,,,Engineering Manage? 933 East 2P Street Hialeah, FL 33013 J ` Re: Final Plat of South Miami Station, PB 160 P,g B attached Dear Utility: This letter is a request from Miarni-Dade County ("County'), through Miami-Dade Transit ("MDT"), that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat o 1'South Miami Station (attached) The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain, 10-f0ot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to NUI City Gas that Gtounty and MDT will provide any necessary easements by separate instrument at Auture date for such areas as may be'required to access your utility, Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MD'Z''s assurance to provide any necessary easements by separate instrument at a future date, Your prompt response would be most appreciated, Very truly yours, Joint Development and Leasing AGREED AND ACCEPTED: By: (sig nature) (date) (print name) -- Stephen P. Clark Center, 111 Northwest First Street-Suite 910. Miami. FL 33 t 2R-i nnc; Aug . 8 . X005 3:26PM. Leasing [MDT] No.2929 P. 2/3 �a M I A M I i•'D Ar-D E' FIN b August 9,2004 BellSouth Telecommunications,Inc. Planiiing and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W. 48`h Street, 2ad Floor Miami, FL 33155 Re: Final Plat of South Miami Station, PB 160 P 85 (attached) Dear UHIity: This letter is a request from Miami-Dade County C'County), through Miami-Dade Transit ("MDrT , that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten. (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a r lat ep specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot Iines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future elate for such areas as may be required to access your utility. . Would you so indicate your agreement and acceptance to NOT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated. Very truly yours, �4 4.(4114 - Joint Development and Leasing AGREED AND ACCEPTED: By: OP (signature) (date) Stephen P Clerk Center, 111 Northwest First Street-Suite 910,Miami, FL 33128-1999 : Aug. S. 2005 3:26PM leasing [MDT] No 2929 P . 3/3 miami-Made r ransit I'�M�,�p 111 NW 1st Street-•Suite 910 Miami, Florida 33128.1999 T,105.375-2597 F305-372-6093 ADM Cooldlnauon miamidade.gov Apr*CoardinaUcn January 18,W05 Art In PuMrC Plana Auart and Manogmal Servicro AvlaRgn Florida Power and Light Company Ruildlnscadccompllano: Attention: Ms.Maio$azile,Project Manager auridbg Construction Services at the Richmond Service Center Rlitintse Dawopment 14250 S.W. 112 Street eoplwt Iq=VMenb Miami,FL 33186 n'+IndependrmtTransporb1fan llyst I;emnurrlleatlam. Re; final Plat of South Miami_Station.PS 16,Pg S!, attached Comnnnllly Aden Agencr mmunlly a kanomle OeWaprnnnl Dear Utility: Cornmunhy Rehffum Comm 1e kmc- This letter is a request from Miami Dade County C'Coanty'l, through Miami-Dade Transit Cortedonjt a RrJobn,uuan (`elvl r%that FM and its successors and assigns, rele ase any rights it may have to access Co mlywldeWez4wePlanning or locate utilities within the tea(10)foot perimeter utility easement shown on the Final Plat w1100Iar211 of South Miami Station(attached). Eiecdons Enxnmcy k nas ment The Colony intends to llrid mke a replat specifically to vacate, abandon and discontinue FmpleyeeIW*Uole fI>ditt public use that certain 10-foot perimeter un ity easement, since the approved I uarpnsnTodfnelogy set+eeer development requites construction to the lot Braes. To that end,this letter serves as County's sirenrnmo ire ums Nlanagsmrnl and MDT's written assurance to FPL that County ad MDT will provide any necessary fall fmpinyrnmt Praeucls easmncats b separate instrument at a future date for so--h areas as Y CP maybe required to access Flmw your utility. Flrewaue oenenrlbdVIwAdn%nlrIraucn Would you so indicate our a HLxlodeFh'aeclroaen y greemerit and acceptance to MDT to indicate your release of Homeless tt" any rights to access or locate utilities within this platted sasement and acknowledge the rrevdre�erot County's and MDT's assurance to provide any necessery casements by separate instrument Mousing FlnanceAuthorlty at a future date. Nyman mrvlcea Ind.pendeni Revkw PAW Very truly your InIonnauanalT.ade Cumoruvin u►'erole Asswarnar l Carver Madical bonlingr Carolyn Read rlelropdfvn PIMnIneOrginl2iUen Joint Development and Teasing Parkand Rettmden Pinnning and ZaNns AGREED AND ACCEPTED: Pollee Prowuln"t ProperlyAppal— By. Pllhllr Libray system Pub►rt:warlx M6 (signatur4 on b1half of PPL �S' date) We Neighborhood Parke Salyd W=W Men Krafft (print name:) Stratoglo StdIA w MARAPMMI, ry,,i.MS11�1 U;�`�S.fir.C`,,i!'i��;i�'';:a r.r'_•• '.'}^ ' Tram Mnlro ;y>.= .. •.��' . . ,r .: :. +. M"D Attachment t_+ :ri .!••"v its', i a.l.+•y;;I " ::ui �, ti• 4 .r!• • :i, r;:ri'�;r, Urban ReWlell&41an Task Fa Of Vl;rnynMusaum and Gardtns ►'� �Ill�x�iliL�•lu•Gr ,�} " �^•�JL W,'I '�' . . Walcr and Setvar I': li!ik .::•°% -:ri' ;...-r...rs. -.`ni �,r.l;i• 'y;:�....' I I• :� � -III,:;;":.: lip:l•,. ''. .r, i. -. s.. ..J �" :.W":C'lllif ti.i�Ix .r4 r+ ,. ..':r •tr i,., •.+ .: n(+ �._ '.+"•I�i��:7��:..l�jrlTir'"�.f�;'�'•' �h.; �YiiH:: .l; ►tir;N�^' 'Ih ra .:¢C�'tirir: . .. . ,• :I.; .. •'••;':Se "'•�:.!_ Aug. 12 . 2005 3: 39PM Leasing [MDT] No 3029 P. 1/9 XIAMI-DADE FACSIMILTE TRANSMITTAL SHEET TO: e:xoM: Douz Deans Caro Read COMPANY: IAA rL: FAX N — 8/12/2005 305-59 —( TOTAL NU,UP FAWNS INr,1.UnrNG COVER: 305-599-0448 9 PHdNIi NUAQlilift: SUNINU S IU's HIM.N[Yi NUMMPR: 305-592-7275 Rh: Iflll+IiAI:N['R Nl)M1iI:R: OPTM(ncnv MDT)-WASD Agreement Y f)Ulf South Mami Mefty=J Station ❑U1tGENI ❑FOR RRVTRW ❑PLTASL3 COMMENT ❑PLKASR REPTY ❑PLEA&r.RECYCLL Attached please find "Agreement By and Arnoug Miwi Dade Office of public TrrnqP0rta6a4 Mauagemen>; Miami-Da&* Water & Sewer Deparm=lt and Ho=*nvn Station, Ltd. Regarding WASD Utilities ities at South Miami metm=l Statiom-, The next to the last VACreas nn page 1 specifically states s Le>a "...kith no dcxliCatrxl Ca on the plat and have avkcd 1�ASD to consent m said plat" Which they did. Consent, that is. And along with everybody else,nevr r nodcfxi the pexitnetd al.easement... Use this at your di4miion. MIAMJ-DADE TRANSIT Ill NW 1ST STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.6017) Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water& Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station TMs AGREEMENT ("Agreement") is made and entered into this day of SWaber 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTMI, Miami-Dade Water and Sewer Department ("WASD"), in their respective capacities as departments and instrumentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd.., a Florida limited partnership FEI No. 65-1076433, the Managing General Partner of which is Permanentia, Inc,, a Florida corporation,FEI No. 65-0713095 ("Tenant"), WHEREAS, on December 16, 1999, by Resolution No. R-1375-99, the Board of County Commissioners awarded a 90-year lease agreement, "South Miami Metrorail Lease" ("Lease") between Miami-Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit "A" ("South Miami Site"), On October 23, 2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15,2001 executing Amendment No,. 1 to the Lease correcting scrivener's errors. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade Housing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew, WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water and/or sewer lines ("Existing Facilities"), WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities') in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities. WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instnanent(s)prior to completion of construction of the improvements., 6/Z ' d 6 Z 0 C 0 N UK gu i seel WdH:P 9007 71 ,2nv WHEREAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. WHEREAS, Tenant acknowledge that WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement. NOW, I,ffEjaj?,porRE, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1. Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2. Temporary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the New Facilities are operational, have been tested and accepted by WASD, and(ii) service is in place for all parties currently utilizing the Existing Facilities,and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance. 3. Consent to Petition: Tn consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOw ON NEXT PAGE) 2 of 4 N 'd 6Z0 E ' 0N RON HIM] Wd6E E QOV 7111 IN WITNESS WIfEttjgOr,the Parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of S 2003. MIAMI-DADE OFFICE OF PUBLIC TRANSPO N MA.NACEMENT Date:_ q�$1 D3 By: Danny Alvarez,Ex tivc Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency, HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date: By: Name: Raul Masvidal Title: Presid,ent on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: 4�$I By: William rant,P.E., hector 3�of 4 0 'd NOON [14N1 n 1 seel NHFe; c OW 71 , gnu IN WPTNM WEMMOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of y 2003 MIAMI DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By; Danny Alvarez,Executive Director on behalf of Landlord Approved by Couaty Attorrnev as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date: Name: Ra 'da Title: RiLmdent on behalf of Tenant MIAMI DADE WATER AND SEWER DEPARTWNT Date: By_ William M Brash, P.E.,Director 6 3 d4 6/9 ' d HOV ON [JOWL su i seel Ndflt:p Q0n7 7 1 9nH 50/CT/6 loo;'8=duaalpuao'R�JaadaNI�=pwo>B8QQy_boo;fig7Rauou=ddeidsa•dewdoid/• 'panJasaJ s;46lj Ilb' 'Alunoo aped-!we!W ZOOZ O a;!S qaM J61§6 46 04 suo!;sa66ns pue suol;sonb'sluewwoo mop(I!ew-3 b4L'99S S9b'69S :an!en aigexe 000'SZS 000'9ZS :suo!; wax3!e;o nnoul sn;al o;ajay�o��o esea!d 000'SZ� 000'SZ$ "uo! wax3 `uol;ea!!dde uol;ewjo;uladad ay;yalnn sa!lInal}}!p!ea!uyaa;aaual�adxa nog(;! pea;sawoH b1L'L6$ 49VMS :an!en pessessV S6'O8L OE9'BEZs :an!en 38)IeW 6L0'8bs 98E'ZSS :en!en u!p pq £LS'ZEL Sin 981,0 1 :an!en puel �ew!el�s!a XD-enud I IUo}aa�!p auoyd ;nogV I a3!g in0 ulsn awoH b0oz SOOZ uea w0gew,iolul 4uewssessb §axe b#aUddy 4t bdoad I pooyaogyBii+N X�y 000'08 V MG.IL2 1 Odd id I uo;ewao;uf IUaodo d I bi 614 A 166121 :a;ed 6blS 6Z£SL :21/O s :uol;ewjojul ales -Ae—ino ejeldwoo o;a;nu!w a eXe;esea!d'regpea;jnoA a;e!oaidde aM A, L L6Zl 6blS 6Z£S1 210£bL X OSL'90l 3zl :uogduosae 101 9 NIS 8'8 L S101 b-S !e 6a1 y S L L 0 bOOZ vsn olo4dj!V-L4deJ60104d!e!jaV Sd 30Vd831 Wf11d0000 OS6l :ll!n8 yea ld DS 99Z 91. :az!g;ol :a a;oo3 OZ bS IP L :sioo!j L s4;e9/spa8 J�IIWVd ,t t. 31JNIS-1VI1N301S321 1,00 0f110 3014301 - :duo .kIIVYVd 3lJNIS 0080 tiewud :uol;euuOjul f4jadOJd bbe£-£blE 1.4 IWVIW 10£9 MS Lb6 :sseipp NNV21J l 41V83 6u!!!e!N 10 E9 MS lb6 a odd x 0040 ZZO SZ04-6_ :'ON 0E10= :slle;aQ tiewwns a { ? fm f To;ew03"i 1as!e� V 90M �,; ..... � s= bOdZ-dyde�6o;o4d leij-aV J-o!o� ,fik. luo al w Lua;l Peles e :AS pjeeS uollewjojul A:Padad :GW M04S m ON Maw- awoH Aw e �o T aged auaoH AN aped-!WeiW 90/61/6 loo;lg=duaaiPuao'gdaab'aNIJ=Pwo'g�i44d=loo;Aq?gauou=ddeidse•dewdoid/ Z 10 Z aged auaoH AA apea-!WeIA I THE HERALD i 5Ui lDAY.SEPTEMBER 11,2005 i co ........_...-................ ..._.. .._.. _._............................. .........................................__......................_ NOOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 668-7356 On Thursday, September 15,2005 at 7:30 P.M., the City of South Miami Planning Board, acting as 'the Local 'Planning`Agency, will conduct Public Hearings in the . City Commission Chambers at the above address on the following items: PB-05-026 Applicant: Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED . REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT"All OF"SOUTH MIAMI STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25,TOWNSHIP 54 SOUTH, RANGE 40:EAST,CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA;AND PROVIDING AN EFFECTIVE DATE. (2) A-RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH `MIAMI, FLORIDA, ADOPTING. AND TRANSMITTING THE'2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE EVALUATION%AND,APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN TO .THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT. TO THE PROVISIONS .OF'THE LOCAL. GOVERNMENT .COMPREHENSIVE PLANNING.AND LAND DEVELOPMENT REGULATIONS ACT, AND PROVIDING'AN EFFECTIVE DATE.. Special Note:The purpose of the above Public Hearing No.2 Is to assist the Local Planning Agency to review and obtain comments on the City's 2005 Evaluation and appraisal Report(EAR)and to recommend to the City commission on the adoption and subsequeirt transmittal of the.EAR to State agencies for review. Copies of the 2005 Evaluation and appraisal report(EAR)are available for inspection in the office of the Planning and Zoning Department,Sylva Martin Building,6130 Sunset Drive,South Miami,Florida,33143.The EAR can also be viewed on the City of south Miami website:oityofsouthmiami.net. All interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to'the.City Commission whatever the board considers in the best Interest for the area involved. interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address,indicated above. You are hereby advised that if.any.person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,such person will need a record of the proceedings,and for such purpose may need to ensure that a verbatim record of the proceedings. is made,--which record includes the testimony, and evidence upon which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. i t' i, { � NOTICE OF PUBLIC HEARIN© %" ,.�, CITY OF SOUTH MIAMI t �` r , 'i Lhs _> ,'�-'a•t � n3�R,'R-fie, , erArtrk9 i& tt �xt5}a r rVA r? Pr Fi 4` T 'tx MIAMI DAILY BUSINESS REVIEW ��rkPlannmgDpepartment4s w,fie, ° 6130 Sunset,Dnve South Mtam� Flonda 33143 !"�W`-t ` tl Published Daily except Saturday,Sunday and s fl � �t t�,Sr Phone�305)`,'663-W26*Fax# (305)668 7356' f 'X sr Legal Holidays . . r .u; x y5y". u? ' r 5�7 k5 K n i cwt ' u 4 Miami,Miami-Dade County,Florida ti wy � � c r � p5'3r?k,z a>ss rd�r Y O' Thursday,September i5,w2005 at 7 30 P M r the Ctty+of South Mlamts STATE OF FLORIDA �Flanning Board acbngyas ttieALocal Planrnng Agency '111 conduct Public COUNTY OF MIAMI-DADE: Heanngs to the Ciiy'Comrrnsslon Chambers at the above address on they folloHnnghitems z „t17 xb�,�t s 4H i t °' M1^ F+�+ ��'r 1 Al. . Before the undersigned authority personally appeareduPB-05-026L° 5 �;?dn'�a?i �, ^Tta' �;` u� c�,Y . BOOKIE WILLIAMS,who on oath says that he or she is the yAPPIIcant SMiami.Dade Trans�tAuthonty x; 25 VICE PRESIDENT,Legal Notices of the Miami Daily Business ( :A�RESOL"UTION OF,�THEaMAYaR AND CITYSCOMMISSION rOF Review f/k/a Miami Review,a daily(except Saturday,Sunday h vP POSED REPLATOFrT1iESOUTHRiMIAMIA METROsRA1L And Legal Holidays)newspaper,published at Miami in Miami Dade tSTATION,LOCATED T THE INTERSECTION OF SW,59 PLACE County,Florida;that the attached copy of advertisement, , " qj being Legal Advertisement of Notice in the matter of _v =- DESCRIBEllA%TRACT Au 9 9 �rlkl` OF'"SOtM'RIAM[rrSTAV,N"(PLrAT.�BOOK 160;�PAGE 85)IN .,f;,�SSOECUTTIH O N,'25,'TOWNSHIP 54 SOUTH;�RANGE 40 EAST CITY MIAMIMA X'D ,OF COUNTY,}FLORIDA D PROVID NNGt CITY OF SOUTH MIAMI-PUBLIC HEARING-9/15/2005 tv'SAN EFFECTNEDATEr ��f i RE:ITEM: PB-05-026 t,�trd� K' i�[rfxg er r ° � , i , s �rfxt�' 1 (2) A RESOLUTION�OFi�THE'MAYOR'ANI CITYzCOMMISSION; 5 OF'THE{CIT+Y�OF;,SOUTH'iMIAMI�FLORIDA ADOPTING ANDr in the XXXX Court a ,r was published in said newspaper in the issues of �'� TRy.ANSM"1._Ntai THE 2005 EVALUATION AND+"APP;RAISAL s� CPORT OPT CITY SzCOMPREHENSIYEPLANrFOR REVIEWa ,AND�COMMENTLAND -REOUES SINGyi�THAT , FLORIDAI 09/09/2005 ] DEPARTMENTS OF,,COMMUNITY,AFFAIRS DELEGATE xTHEf SUFF1CiENCYRE1(IE1M1I`OF THE EVALUATION ANDYAPPRAISALt (k „REPORT(EAR)OF n1lE CLTY S COMpREHENSIYE PLANTO THE'•, lAffiant further says that the said Miami Daily Business N, W SOUTH�F<LORIDA REGIONAL PL`ANNING�COUNCIL'0(SFRPC)° Review is a newspaper published at Miami in said Miami-Dade w PURSUANTTOTHE PROVISiONSOFTHELOCAUGOVERNMENT County,Florida and that the said newspaper has -COMPREHENSIVEKiPLANNING� AND 4LAND;"DEVEL`OPMENT heretofore been continuously published in said Miami-Dade County, ` REGUL TiONS ACT,-A TAW ANYEFFECTIVEDA7E w� Florida,each day(except Saturday;Sunday and Legal Holidays) rf,: ti," '„i 5� � .r, a ?.,��x r �� a �r�r and has been entered as second class mail matter at the post ',4 Special Note hThe prurpo_se of the7iWbve Public Heating No 2 Ise office in Miami in said Miami-Dade County Florida fora a`sslst'theLrocalPlenT ning Agency�torevi ww antl+obtain; period of one year next preceding the first publication of the YcommeMs on nth®,City's`2005 Evaluation`sndAppraisal,Report attached copy of advertisement;and affiant further says that he or (EAR) anmtl toy,"recommend toTthe CttykCommissiony on,+the. k ,*adoption,and,gub§,e ent,transmittal of the EAR�to ,State she has neither paid nor promised any person,firm or corporation I }agenciesfor'review`Copies of the 20051Evaluation and Appraisal any di nt,rebate,commission or refund for the purpose ;yReport (EAR)are iaveileble,for inspection fn�theotfice,of�ttie of se uri:g this advertisement for publication in the said ,^y ,Planning�and�Zoning�Department;�Sylva 1NariinkBullding,6190 new ape*. �,Ak;Sunset Drive,South Miiunl;Florida;33148_The.EAR can also be,; i�r�k$��rviewed on the City�of,SoutlisMiamF web'slfe,+cltyofsoi►tlimlamf`i i« .•AneL�1 .�,, #�''+a "t+i��x�' a`�'a,'�tk`�+>k�`'vs..� '�ks4 r}.�� .,i ' �s s"^,{ter. ,� ,�- �,. �•+.�^aF d'"k i "7 r z 'i;�''," ' fAll��nterested partiesare urgeditoatt�nd�Oblections or expressions of ap-� om to and subscribed before me this provAl may be made in pe�Hson at the heanng or{filed m wnbng�nor'to`or aft' *the heanng The PlanrnngyBoard reserves'the right+to recommendtothe City Commissionjwhatever. e,board,considers m,the best interest for,th`e; 09 day of A.D. 2005 area .?,J Ter arties requesting mfomtation are asked toa contact the Planning and Zornng DepartmentFby cailmg 305 663,6326 or Writing to th`e address indicated abOVe ; r��w4 ��1t��_ ,dt.r't a 4Yt,r+' c t .}, �.� # a s .v: You are hereby advised that rf any person desires to appeal any{decision (SEAL) made{with respect to anyfmatter considered atlthis meeting or hearing i tich'person vnll neetl a record of the proceeding`s and forsuch purpose: SOOKIE WILLIAMS personally'know Maria i.Mesa may need;to ensure that a verbatim record of�the proceedingsxis made which record includes the testimony+and evidence upon which the appeal My Commission DD293855 s o be bQ.Ff)EXP+res March 04,2009 :any inquiry�• , ��' r r,.:. c r r `fin yif..{,q A r r,32; cur *? r r • sou 7, South Miami o � All-America City INCORPORATED 1927 LO �TQ ' 2001 CITY OF SOUTH MIAMI To: Honorable Chair& Date: September 15,2005 Planning Board Members Re: From: Don O'Donniley Replat of South Miami Planning Director Hometown Station(Metrorail) PB-05-026 Applicant: Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE REQUEST The Miami-Dade Transit Agency is requesting approval of a proposed replat of the current underlying plat for the Metrorail Station development site. The purpose of the re-plat is a technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement which runs around the boundary of the entire site now called Tract"A'. BACKGROUND Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. The City Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development containing a combination of office, retail, and residential space at the' South Miami Metrorail Station (Resolution 62-02-11411). As. part of the development process the entire site was re-platted as a single parcel. The City Commission at its April 15, 2003 meeting approved a final plat for this property. (Resolution No. 59-03- 11608). PROPOSED REVISION The applicant's engineering firm (PBSJ) explains in accompanying letter that the 10 foot utility easement which appears on the 2003 plat would seriously impact " the existing building envelope and will also affect work anticipated by Miami-Dade Transit and its respective tenants for the overall building site." The only method for removing the easement is the re-plat procedure. This revision does not affect the exterior boundaries or the proposed use of the site. The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-D Water& Sewer Authority and NUI City Gas. Plat Approval Hometown Station (Metrorail) Page 2 of 2 RECOMMENDATION It is recommended that the proposed re-plat of Tract"A"of"South Miami Station be approved. Attachments: PBSJ Letter(August 18,2005)with letters of no objection. Tentative Plat DOD/S E:\PB\PB gendas Staff Reports\2005 Agendas Staff Reports\9-15-05\Hometown Station Plat-report.doc Engineers/Planners/Architects/Surveyors 2001 NW 1071h Avenue Miami, FL 33172-2507 305-592-7275, Ext 3270 Fax.305-599-0448 E-Mail: 6521@pbsj.com August 18, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel with the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water &' Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&,J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalle(at)bsj.com E-Mail: creademiamidade.gov Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&,J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours,` Doug W. Deans, PLS Aug . S M5 3:26PM Leasing [MDT] No. 2929 P , 1/3 k. M 1 A M 'I n -A,-D, E' August 10, 2004 NUI City Gas Corporation Attention: Mr, Celso Rodriguez, Fugineering Manager 933 East 2P Street Hialeah, FL 33013 Re' Final Plat of South Miami Station. P13 160 Pg 85 attached Dear Utility: This letter is a request froth Miami-Dade County ("County'), through Miarni-Dade Transit ("MDT'), that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat Of South Miami Station (attached), The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to NUI City Gus that Gounty and MDT will provide any necessary easements by separate instrument at itutttre date for such areas as may be-required to access your utility., Would you so indieaEe your agreement and acceptance to MDT to indicate your release of ariy rights to access or locate utilities within this platted easement and acknowledge the County's and MD'I''s assurance to provide any necessary easements by separate instrument at a future date,. Your prompt response would be most appreciated, Very truly yours, Joint Development and Leasing AGREED AND ACCEPTED: By: r ' (signature) (date) (print name) Stephen P. Clark Center, 111 Northwest First Street-Suite 9 10, Miami, FL 33128-1999 Aug 8. 2005 3.26PM. Leasing [MDT] No 2929 P, 2/3 M I A M I D •Af D E' r August 9,2004 BellSouth Telecommunications,Inc. Planning and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W. 48h Street,2n'Floor Miami, FL 33155 Re: Final Plat of South Miami Station, PB 160 Pg 85 (attached) Dear Utility: This letter is a request from Miami-Dade County C'County), through. Miami-Dade Transit ("MDT' , that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten. (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future date for such areas as may be required to access your utility. Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acImowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date. Your prompt response would be most appreciated. Very truly yours, tu 4 ata Joint Development and Teasing AGREED AND ACCEPTED: B tip y� (signature) J, (date) (print name) i�L F.G'lcr,� P t S L i71 s� Stephen P. Clark Center, 111 Northwest First Street-Suite 910, Miami, FL 33125-1999 Aug ' 8 ' 2005 3:26PM Leasing [MDT] No-2929 P. 3/3 Miami-fade transit I'QM 111 NW 1st Street•••Suitt 91 Q IVliaml, Florida 33128.1999 i � T305-375-2597 F305-372-6093 AM CooldlnaUon nliallmidade.gov Ase*ComdinnUian January 18,2005 Arl In PUblro Plae,s Audrland Manag~Srnlem „VIapO, Florida Power and Light Company FjOdingCode Campllano: Attention. Ms-Mmio Bazile,Project Manager BU(I to Construction Services at the Richmond Service Center PuAntsi Deve!cpmem 14250 S.W. 112 Street CapiWI IrnTr'aMMM1! Miami,FL 33186 n�lndependmtTransporblion(nrrl eemownlentlons Re: Final Plat of South Miami Station,PB 1692p.8 attached C ff mollly Action ngvcr mmunlly A S ommW Developmnnl Dear Utility' Commmhy wauanr Cant"i.irf nr Qw This letter is a request from Miami Dade County ("County"), through Miami-Dade Transit CorreaOm&RciwbllllaUon CmDr I.tbat FM and its successors and assigns, release any rights it may have to access CorrnlywldeMrnllhcare Plainning or locate utilities within the ten(10)foot perimeter utility easement shown on the>;ixW Plat caluol/Walm of South Miami Station(attached). a Emergency Amnasdrrlent The County intends to undertake a replat specifically to vacate, abandon and discontinue FmployeeMavenr fivm public use that certain 10-foot perimeter unity easement, since the approved Enre+Pnal:Taehnakgy seitilW development requites construction to the lot lines. To that end,this letter serves as County's ilrenmrnml Reawca ManaVm r.W and MDT's wtinen assurance to FPL that County and MDT will provide any necessary fair fynpinymmi,Pmcdcl6 easements by separate instrument at a future date for so-.h areas as may be required to access FlrAw. your utility,. fire Ream GeneglSavlQeeAdmrn1$1raUcn Would you so indicate your agreement and acceptant to MDT to indicate your release of Wiftrfr teen any rights to access or locate utilities within this platted easement and acknowledge the "omelass Trurl County's and VIDT's assurance to provide any necessity Easements by separate instrument Houft"pr4y at a future date. Haeng FlnonrcAuthoilty Human rle_I'vlces Independent RevinrPhrrd very truly your IilltrrnarinnalT.ade CurlwdijM )UYe1l1eA9V4wa4CenKr Carol Read Medical banlifto rlelroprdiun Phinnlneoreanr:atlon Joint Development and Teasing wrkand Rletrcadon P►anningandZahing AGREED AND ACCEPTED: Pallte ProptltyAppml By' f11blirLibra y Swim t� , (k-g-n tw onl b alf of FPL 'f (date) Public Waft 5°fcNolghborlloodParks 4 :;h" .•, ..,.r.. -'�^i"i!�I;'; :r..•:I.,•.. Sra ..y •!;:'rt'1::;;1,;�;1�Ii1t11�1; •:,�:r.;; •_2,�:: ''t•' Salld Waste Msna nt dnt of me) :i;�l;�''41'rli.t.l" ::'jrd�{ ; �,, •:.•.t;r: .. V. SUSd'BIa BUllnew MAIIaP,C.Rlmll i�•Jhl it'rl'•','«' •• .k'•'y i1•yil'j^rti it%"'u.:.r!1 "•'~ . Trim Mclila .•. r. ,'•i:,�wrv:; ,ran,o Attachment _ :,1 <r':: ,,.,r•.. �:r.,,;,.: , py,y;: ,..II,. �nl!, :n 1..•rn :I'1'�:'::.. It�a�•' ;i:rtf,;r.'•:1 .,...:... •Ir Iry r.rt', l g;i I::' 1. h,l gl� : : dlT lhban Re+lllellA+llen Task Farce .�'. " •1 I'.I:";••!. i i r •: r r.. h": yye�p yyrr r •, WgmynMmum and t,arder+s i!;"::'f .i ..«.:' .r":' •. .'.Na+N� �� I I..I�I:.:II'.:;. Wale and Sewer i!;tig n ,.;;'f ;., • ar. �'. J i� ., �' S�,(•I,ll�•Il:.n 'I•Il f lr•: •i��'n• •�„ ;.•.• V's • :I, irk - H.��,!�l:r,lt' ':•ir Aug. 12 . 2005 3: 39PM leasing [MDT] No -3029 P. 1/9 MIAMI-DADN FACSIMILIE TRANSMITTAL SHEET TO: b'KOM: Doug Deans Carolyn Read COMPANY DA 1 L.: PBS_ 8/12/2005 FAX NUMBSIt '1 OTAl.NU ply PAc,rS INrl.UT)TNG COVER: 305-599-0448 9 PHONE NUIOICli: SHISIDIA'S RKFURTiNC'R NUM1IP..R: 305-592-7275 YOUR 111:1"HWINC .NI1M1irR: OPTM(ncnv MDT)-WASD Agreement South Miami Metrordil Station ❑ URGLN 1 ❑FOR RRVTFW ❑PLEASE COMMEN 1 ❑111AASF.RRVT Y ❑PLEASE RECYCLu Attached please find "Agreement By and Among Mimi Dade Office of public Tkam,Tortatioo Management, Miarru-Da& Water & Sewer Department and Homoxxvn Station, Ltd. Regarding WASD Utt7ities at South Miami Mctrorail Station." The next to the last Whcreas on Page 1 specifically states "...With no "Catad msemwts on the plat and havc asked WASD to consent to said plat" Which thLy did. Consent, that is. And along with everybody else,never noticed the periunetdcal easement.... Use this at your discrr'tion_ MIAMI-DADE TRANSIT 111 NW 1ST STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.6017) Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water& Sewer Departmcat and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station eebkMTits AGREEMENT ("Agreement") is made and entered into this PJ- day of bCr 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTM"), Miami-Dade Water and Sewer Department ("WASD"), in their respective capacities as departments and instrumentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd.., a Florida limited partnership FEI No. 65-1076433, the Managing General Partner of which is Permanentia, Inc., a Florida corporation,FEI No. 65-0713095 ("Tenant"). WttEttt.AS, on December 16, 1999, by Resolution No., R-1375-99, the Board. of County Commissioners awarded a 90-year lease agreement, "South Miami Metrorail Lease" ("Lease") between Miami-Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit"A." ("South Miami Site"),. On October 23,2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15, 2001 executing Amendment No. 1 to the Lease correcting scrivener's errors.. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade mousing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both active and dormant WASD facilities,namely water. and/or sewer lines ("Existing Facilities"). WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities") in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities„ WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat. WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements") to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instrumcnt(s)prior to completion of construction of the Improvements., 6/l ' d 6 10E ' 0 N UK 2u i seel Wd6£:£ 90N *l [ Ind WIIEUAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. WIIEREAS, Tenant acknowledge tbat WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement_ Now, meld woRr.., for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1, Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. 2. Temuorary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the New Facilities are operational, have been tested and accepted by WASD,and(ii) service is in place for all parties currently utilizing the Existing Facilities, and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance_ 3. Consent to Petition: 1n consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith, 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOw ON NEXT PAGE) 2 of4 6/6 ' d 6 208 0 N UN 90OZ 1Z112nd IN WITNESS WifeiRgOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day Of-5ZP&M&r 2003. MIAMI-DADE OFFICE OF PUBLIC TRANSPO N MANAGEMENT Date: R��i�03 By: Danny Alvarez,Ex five Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date: By: Name: Raul Masvidal Title: Pres_idcnt on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: 4 ` $� 3 By: William rant,P.E., irector 3 oof 4 0 'd HOVON [JON] quiseel Wd6E: E 9001 'll 'snd IN WffNLSS WHEREOF,the parties hereto have this Agreement to be executed by their duly-authorized officers as of this day of QatadVC p 2003 MIAMI DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date. By: Danny Alvarez,Executive Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANENTYA,INC., its Managing General Partner Date: QI I a3 Name: Ra rda Title_ esident on behalf o MIAMI DADE WATER AND SEWER DEPARTIV,[CNT Date: By_ William M Brant, P.E.,Director 3 of 4 6/9 ' d 6ZOVON [laN] 2uiseel. WdOtl 90OZ 'Zl '2nV I THE HERALD I SUNDAY:SEPTEMBER 11,2005 i ........... ................_....._. .................._..,...,........__................._........... NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305)663-6326; Fax#: (305) 668-7356 On Thursday, September 15, 2005 at 7:30 P.M., the City of South Miami Planning Board, acting as -the Local Planning Agency, will conduct Public Hearings in the . City Comrhission Chambers at the above address on the following items: PEI-05-026 Applicant:Miami-Dade Transit Authority A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED . REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT"A"OF"SOUTH MIAMI STATION" (PLAT BOOK 160,PAGE 85)IN SECTION 25,TOWNSHIP 54 SOUTH, RANGE 40 EAST,CITY OF SOUTH MIAMI, MIAMI,-DADE COUNTY, FLORIDA;AND PROVIDING AN EFFECTIVE DATE. (2) A-RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE 'CITY'S COMPREHENSIVE PLAN FOR REVIEW AND . COMMENT AND REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW . OF THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN TO .THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENT .COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS ACT; AND PROVIDING AN EFFECTIVE DATE.. Special Note:The purpose of fhe above Public Hearing No.2 is to assist the Local Planning Agency to review and obtain comments on the City's 2005 Evaluation and appraisal Report(EAR)and to recommend to the City commission on the adoption and subsequent transmittal of the EAR to State agencies for review. Copies of the 2005 Evaluation and appraisal report(EAR)are available for Inspection in the office of the Planning and Zoning Department,Sylva Martin Building,6130 Sunset Drive,South Miami,Florida,33143.The EAR can also be viewed on the City of south Miami website:cityofsouthmiami.net All interested parties are urged to attend.Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the,City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address,indicated above. You are hereby advised that if any.person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,such person will need a record of the proceedings,and for such purpose may need to ensure that a verbatim record of the proceedings. is made,:which record includes the testimony and evidence upon which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. i I NOTICE OF PUBLIC HEARING- CITY OF SOUTH MIAMI AML Planning Department" ~ 6 MIAMI DAILY BUSINESS REVIEW ,30Sunset•Drive;South'Miami,Florida 33143 P Phone:(305)663 6326;Fax#:(305)66,8-7356. Published Daily except Saturday,Sunday and , Legal Holidays 4 Miami,Miami-Dade County,Florida On Thursday,September 15,2005 at 7:30 P.M.,the'City of South Miami, STATE OF FLORIDA Planning Board,acting:as.the Local Planning Agency will conduct Publicl COUNTY OF MIAMI-DADE: (Hearings)n the City Commission Chambers at the above address on the ry `following items: Before the undersigned authority personally appeared PB-05-026 ` SOOKIE WILLIAMS,who on oath says that he or she is the Applicant:.Miami-DadeTransRAuthodty ' VICE PRESIDENT,Legal Notices of the Miami Daily Business A RESOLUTION OF THE MAYOR-AND-CITY COMMISSION OF"", 9 THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A� Review f/k/a Miami Review,a daily(except Saturday,Sunday PROPOSED, REPEAT OF THE =SOUTH MIAMI METRO RAIL I and Legal Holidays)newspaper,published at Miami in Miami-Dade STATION LOCATED AT THE INTERSECTION OF.SW 59 PLACE County,Florida;that the attached copy of advertisement, - AND SW 72 AVENUE AND LEGALLY DESCRIBED AS TRACT)IN being a Legal Advertisement of Notice in the matter of f OF "SOUTH MIAMI STATION" (PLAT BOOK 160, PAGE 85) IN., SECTION 25,TOWNSHIP 54 SOUTH,'RANGE 40 EAST,CITY OF SOUTH MIAMI,MIAMI-DADE COUNTY,FLORIDA;AND PROVIDING CITY OF SOUTH MIAMI-PUBLIC HEARING-9/15/2005 AN,EFFECTIVE DATE RE:ITEM: PB-05-026 4 (�2)A RESOLUTION OP THE MAYOR AND CITY COMMISSION; in the XXXX Court, OF THE CITY.OF.SOUTH MIAMI, FLORIDA,ADOPTING AND was published in said newspaper in the issues of TRANSMITTING THE ,2005 EVALUATION AND APPRAISAL; p REPORT OF THE CITY'S COMPREHENSIVE'PLAN FOR REVIEW AND COMMENT AND.REQUESTING THAT THE FLORIDA( 09/09/2005 DEPARTMENT .OF'COMMUNITY AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE EVALUATION AND APPRAISAL] REPORT(EAR)OF THE CITY'S COMPREHENSIVE PLAN TOTHEII Affiant further says that the said Miami Daily Business " SOUTH FLORIDA REGIONAL PLANNING COUNCIL (SFRPC)), Review is a newspaper published at Miami in said Miami-Dade PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENT j County,Florida and that the said newspaper has COMPREHENSIVE PLANNING AND LAND DEVELOPMENT heretofore been continuously published in said Miami-Dade County, f REGULATIONS ACT;AND PROVIDING AN EFFECTIVE DATE. Florida,each day(except Saturday,Sunday and Legal Holidays) Special'Note:The purpose of.the above Public Hearing No..2 is and has been entered as second class mail matter at the post i to assist the Local Planning Agency to review and obtain office in Miami in said Miami-Dade County,Florida,for a comments on the City's 2005.Evaluation and Appraisal Report' period of one year next preceding the first publication of the .(EAR) and .to recommend to the City Commission on thee, attached copy of advertisement;and affiant further says that he or adoption and subsequent.transmittal of the EAR to, f she has neither paid nor promised any person,firm or corporation agencies for review.Copies of the 2005 Evaluation and Appraisal I any di nt, rebate,commission or refund for the purpose j Report (EAR)are available for inspection'in the office of the.; of se un:g this advertisement for publication in the said + Planning and Zoning Department,Syiva Martin Building,6130; new 'a-de-r. f Sunset Drive,South Miami,Florida,33143.The EAR can also be viewed on the City of South Miami web site;cifyofsouthmiami.i � nei . '. 1 All interested parties are urged to attend.Objections or expressions of ap- Swom to and subscribed before me this i,proval may be made in person at the hearing orfiled in writing priorto or at' the hearing.The Planning Board,reserves the tight to.recommend to the i fCity Commission whatever the board considers in the best interest for the`' 09 day of SEPTEMBER A.D. 2005 (area involved. Interested parties requesting information are asked to ,contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that R any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, (SEAL) such.person will need a record of the proceedings,and for such purpose SOOKIE WILLIAMS personally know Maria 1.Mesa 'may need to ensure that a verbatim record of the proceedings is made,.; which record includes the testimony and evidence upon which the appeal My Commission DD2N855 ;is to be based(F.S.286.0105).Refer to hearing number when making' Expires March 04,2008 ;any inquiry.` 05-3-26/584115M Engineers/Planners%Architects/Surveyors 2001 NW 107th Avenue Miami, FL 33172-2507 305-592-7275, Ext. 3270 Fax:305-599-0448 E-Mail: 6521@pbsj.com August 18, 2005 Letter of Transmittal Director Don O'Donniley City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143-5093 RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL Dear Sir: On behalf of PBS&,J and Miami-Dade Transit, I wish to thank you for meeting with me on August 12th, instant in connection with the above described property. Pursuant to your instructions, we are submitting for the City of South Miami's consideration five (5) certified copies of the Boundary and Limited Topographic Survey for the proposed plat of "South Miami Station Replat." By way of explanation, this property (which was platted as "South Miami Station" last year and recorded in Plat Book 160 at Page 85) contains a 10-foot wide perimetrical utility easement running parallel With the entire Tract "A." This easement seriously impacts the existing building envelope and will also affect future work anticipated by Miami-Dade Transit and its respective tenants for the overall building site. Among other things, the Code of Miami-Dade County requires that when an easement is created by plat, the entire plat (or tract) affected by same must be replatted in order to extinguish the aforesaid easement. Therefore, we make this submittal for this express propose only, with no changes to the exterior boundaries or proposed use of the underlying property. For your reference, I also.attach the sign-off letters from the utility providers and a Memorandum of Agreement pertaining to the Miami-Dade Water & Sewer Department regarding utility placement. I trust these letters and agreement will serve as positive evidence that the affected utility providers are aware of and will to cooperate in this regard. From this point forward, I request also via this transmittal that your correspondence be directed to the following parties: OWNER: SURVEYOR: Carolyn Read, Real Estate Officer Carlos M. del Valle, PLS Miami-Dade Transit PBS&,J Suite 910 2001 NW 107 Avenue 111 NW 1 Street Miami, FL 33172-2507 Miami, FL 33128-1999 305-514-3438 305-375-1552 305-599-0448 Fax 305-375-4632 Fax E-Mail: cmdelvalle@pbsj.com E-Mail: creadAmiamidade. og_v Finally, it is my understanding that this letter and the attached documentation will serve as our formal application for the Tentative Plat and that no fees are required, as this is a government submittal. On behalf of PBS&,J, I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if you have any questions or comments, please do not hesitate to contact me directly at 305-514-3270 at your convenience. Until then, I remain, Very tru yours,` Doug W. Deans, PLS Au.E'• 8 , 2005 3 :26PM Leasing [MDT] No , 2929 P . 1/3 M I A M I •• - ''D •A,-D. E WEAK M August 10, 2004 NUI City Gas Corporation Attention: Mr. Celso Rodriguez.,, Engineering Manager 933 East 2P Street Hialeah, FL 33013 Re- Final Plat of South Miami Station, PB 160 P..g-g5 attached Dear Utility: This letter is a request From Miami-Dade County ("County"), through Miami-Dade Transit CMD-r'), that NUI City Gas and its successors and assigns, release any rights it may have to access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final Plat o l'South Miami Station (attached), The County intends to undertake a replat specifically to.vacate, abandon and discontinue from public use that certain 10-foot perimeter utility easement, since the approved development requires construction to the lot lines. To that end, this letter serves as County's and MDT's written assurance to NUI City Gas that Gounty and MDT will provide any necessary easements by separate instrument at a'future dale for such areas as may be*required to access your utility., Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by scparate instnunent at a future date,. Your prompt response would be most appreciated., Very truly yours, Ak k Joint Development and Leasing AGREED AND ACCEPTED: By: 10 r (signature) (date) FEZ I (print name) Stephen P. Clark Center, 111 Northwest First Street-Suite 910, Miami, FL. 33128-1999 ' AAA B . 2005 3: 26PM. Leasing [MDT] No- 2929 P . 2/3 M I A M I D -A-D E' ,August 9,2004 BellSouth Telecommunications,Inc. Planning and Provisioning Attention: Ms. Janet Valencia,Network Planning 7325 S.W.. 480'Street, 2n'Floor Miami, FL 33155 Re: Final Plat of South Miami. Station. PB 160 P9 85 (attached) Dear Utility: This letter is a request fxom Miami-Dade County ("County"), through Miami-Dade Transit ("MDT' , that BellSouth, and its successors and assigns,release any rights it may have to access or locate utilities within the ten, (10) foot perimeter utility easement shown on the Final Plat of South Miami Station(attached). The County intends to undertake a replat specifically to vacate, abandon and discontinue from public use that certain 10-foot perimeter ability easement, since the approved development requires construction to the lot lines. To that end, this .letter serves as County's and MDT's written assurance to BellSouth that County and MDT will provide any necessary easements by separate instrument at a future date for such areas ati may be required to access your utility. Would you so indicate your agreement and acceptance to MDT to indicate your release of any rights to access or locate utilities within this platted easement and acknowledge the County's and MDT's assurance to provide any necessary easements by separate instrument at a future date., Your prompt response would be most appreciated. Very truly yours, �4�4 fa 44 Joint Development and Leasing AGREED AND ACCEPTED: Y: tip (signature) (date) 64 1/!�Lerv)/ e- (print name) ID ig2ee-7cxsz, P-LF SF-l„ V 15-1 Stephen P. Clark Center, 111 Northwest First Street-Suite 910,Miami, FL 33128-1999 Aug'. 8 ' 2005 3 : 26PM Leasing [MDT] No, 2929 P .�r/3 111 NW ist sireet.'e Suite;910 IIAMi-DWD liAlaml, Florida 33126.1999 T 305.375-2597 F 305-372-6093 ADA Coordlnauon ntiamidadegov ASnrls rrom-CUMUtm January 18,2005 Art In PUMrC Plar.,s Audit and Manag~Sm1cm AVI3913P Florida Power and Light Company _ 9ulldingCodaCorllpllanar•. Attention: Ms_Mario Bal,Ziler Project Manager Building Construction Services at the Richmond Service Center Owiri a»Development 14250 S.W. 11.2 Street Cnpllal Irigra--ante Miami,FL 33186 n�lndependartTransporblion frVd 1'emmUnlentlans Re: Final Plat of South Miami Station,PB 16 Pg S;� attached Cmmmmlly Action Apn;y mmunity A Gwnomlc De4clarn enl Dear Utility: Cpmmmhy 12clauorm cammen"r:a This letter is a request fxom Miami Dade County ("Co:mty"), through Miami-Dade Transit Correellon$&RcFwbllllaUon ("MDTIr that FPL and its successors anal assigns, rek ase any rights it may have to access Gonmlywlde Heallhoare Plainly(, or locate utilities within,the ten(10) foot perimeter utility easement shown on the final Plat [altuol Alfale of South Miami Station(attached). Eleelkord Ernergenc y Nunap rienl The County intends to undertake a replat specifically to vacate, abandon and discontinue Fmployee Relauontt from public use that certain. 10-foot perimeter uti`.ity easement, since the approved EenerpnbrTaehnokgy tim4w development requires construction to the lot lines. To beat arid,this letter serves as County's gronmMUll ReMKO M9rAgVnrnl and MDT's written assurance to FPL that County ad MDT will provide arty necessary Fair Fjnpinymrnt PracUus easem by separate instrument at it future date for go:h areas as may be required to access Fawner. your utility,. FIM Recue General SOVICesAdminlsimLion Would you so indicate your agreement and acceptance to MDT to indicate your release of "f uric`'reVenee any rights to access or locate utilities within this platted easement and acknowledge the HormlessTrual County's and MDT's assurance to provide any necessr ry Easements by separate instrument Housf ng ASenCy ' at a fugue date_ Housing Flnanre AUthOd ly Human Sorvlce6 Indepeanclenl Re.vkwPanrJ Ve)(�l truly yours, Inlp"itanalTmde CaroorUUln luYet'1leAoswm tCer+ne Carolyn Read Medial F.SAmingr Vlelropr,llon PIAnnInC*Vin(nUL%M Joint DCVelopment and Leming Pork and RleereAtlon PlanninganclZoning AGREED AND ACCEPTED: Pollee 9 (� PraWglrlrnt A Property4ppatsrr By, PlibUet.lbwryYotem fs—ignatw4 on b1half ofFI?L ate) Public Wae Spfc Neighborhood F'ark9 ,.h.. ,•in-,.hII..1 ...;,•�;••. (print name) , .;11 ;,,,.x; ;ir• ;;,...' ...., 5alld Waste Manapttrpnl =;h .II U I',•'s1;: a5 j'i`?`;:,; �;�:::.:':!^.! ; t..gAOl�-'. Suatcglc Bull„fw Manapnnrorol ;:,IMn!P1!", *'',•;i.:, •4 Tivm Mane m 'HI ',..'•Y:•: �6y e:Y:- all .i_r''?:'•' fiinair v:;.l „1rlr.;{:•= :ir,,.•, Attachmcnt rli, .;?.. :i•..•..{:: •11 I:y/..1': {Y:.• 5 iAI :,,. �:' ^1',`c:," Urban ReAtelizWon Task Farce t' F'• vl;rn Museum and Garda .,_ .;.... .,. ,—../•,•�1 '°y;:' •, ' N7v' •'ti.r:.• 1•... Ta .:'•.�,::,•:;, "•=:;:n!!::',ib,�a r " '. ,.;... •.py..,,.:J:..•''!I.;,I�,., 1',:: I'•I�cl�,..11;.:, Walar and Server �.. .., ;;.,r i;'i ; ; 'JA=i :_'r:•.:.;, �q,. •�•n'ti.. ', 'I• P ' :�:tia�••�rr? •':'an!:wnl�►;: _Y I;1,. Aug . 12 . 2005 3 : 39PM Leasing [MDT] No -3029 P . 1/9 NIA141-DA01 FACSIMIi.TE TRANSMITTAL SHEET TO: FROM: Doug Deans Carolyn Read COMPANY: VXIL•': !- PBS 8/12/2005 FAX NUMfiha TOTAL NO.OF PAGRr INr,I.TJDTNG COVER: 305-599-0448 9 PHONE N UMSHER: SISNDUICS RRIMU.Nf"R NUMAER: 305-592-7275 RS: YOUR RJUITRI;N(T.NlIMRRR: OP TM (now MDT)WASD Agreement South Miami Mettnrail Station D URGLN I ❑FOR RF.VTFW ❑PLCASL' COMMEN 1 ❑PI.KASE REPT Y ❑PLEASE PxCYCLL Amched please find "Agreement By and Among Miami-Dade Office of Public T=Tottation Management, Miami.-Dade Water tic Sewer Department and Homcunvn Station, Ltd. Regarding WASi)Utilities at South M"=i Metrorail Station," The next to the last Whereas on page I specifically states "...with no dedicated casements on the plat and have asked WASD to consent to said plat" Which they did. Consent, that is. And along with everybody else,never noticLd the periunetrical easement.__ Use this at your disuLliori.. MIAMI-DADE 'TRANSIT 111 NW 1ST STREET, SUITE 910 MIAMI, FLORIDA 33128 PHONE 305.375,1507 - FAX 305.375.4362 (ALT FAX 305.372.6017) Agreement By and Among Miami-Dade Office of Public Transportation Management, Miami-Dade Water& Sewer Department and Hometown Station,Ltd. Regarding WASD Utilities at South Miami Metrorail Station Tms AGREEMENT ("Agreement") is made and entered into this PJ- day of I.-Innher 2003, by and among Miami-Dade Office of Public Transportation Management ("OPTM"), Miami-Dade Water and Sewer Department ("WASD"), in their respective capacities as departments and instrumentalities of Miami-Dade County, a political subdivision of the State of Florida; and Hometown Station, Ltd.., a Florida limited partnership FEI No„ 65-1076433, the Managing General Partner. of which is Permanentia, Inc., a Florida corporation,FEI No. 65-0713095 ("Tenant"). WHEREAS, on December 16, 1999, by Resolution No„ R-1375-99, the Board of County Commissioners awarded a 90-year lease agrecment, "South Miami Metrorail Lease" ("Lease") between Miami Dade County ("Landlord") through OPTM, an agent and instrument of Miami-Dade County, and Tenant wherein Tenant shall construct a new mixed- use (office, residential, retail) development at the South Miami Metrorail Station site legally described in Exhibit"A" ("South Miami Site"). On October 23, 2001, by Resolution R-1198- 01,the Board ratified the County Manager's action on August 15, 2001 executing Amendment No„ 1 to the Lease correcting scrivener's errors.. WHEREAS, on July 8, 2003, by Resolution R-747-03, the Board authorized execution of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934 square feet of administrative office space in a new building dedicated to Miami-Dade mousing Agency(MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing 674-space rear,triangular garage for a 25-year initial term with two 5-year options to renew,. WHEREAS, OPTM is obligated to plat the South Miami Site which may contain,both active and dormant WASD facilities,namely water, and/or sewer lines ("Existing Facilities"). WHEREAS, Tenant desires to construct and install WASD facilities ("Proposed Facilities") in other locations at the South Miami Site to serve all parties currently utilizing the Existing Facilities as well as the new development ("Improvements") and thereafter remove the Existing Facilities,. W1-1XRVAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated easements on the plat and have asked WASD to consent to said plat, WHEREAS, OPTM and Tenant desire to grant such easements and dedications ("New Easements")to the Proposed Facilities on the South Miami Site as may be required by WASD by means of separate instruments)prior to completion of construction of the improvements., 6/Z ' d 6Z0£' ON (AN] 2u i seal UN 9002 ' Z l '2nV WIiEREAS, WASD desires that OPTM and Tenant grant WASD the right to access, maintain and inspect the Existing Facilities located at the South Miami Site until the New Facilities are operational and the New Easements have been executed and delivered to WASD. WHEREAS, Tenant acknowledge that WASD will not consent to any approval for any proposed building(s) on the South Miami Site until Tenant executes a standard WASD developer agreement_ Now, 'rfvtF:FoRr,, for and in consideration of the mutual covenants hereinafter set forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant agree to the following: 1, Term: The term of this Agreement shall commence upon the date of execution hereof and shall expire upon the date or recordation of the New Easements for the New Facilities. I Temporary Easement: OPTM and Tenant hereby grant WASD the temporary right to access, maintain and inspect the Existing Facilities, including a full non- exclusive right of ingress and egress upon the South Miami Site from the date of this Agreement until (i) the New Facilities are operational, have been tested and accepted by WASD, and(ii) service is in place for all parties currently utilizing the Existing Facilities, and (iii) the New Easements have been executed and delivered to WASD in accordance with any terms and conditions of any agreement between Tenant and WASD governing installation of the utilities and conveyance of easements as may exist at the time of conveyance_ 3. Consent to Petition: 1n consideration of the agreements of OPTM and Tenant hereunder,WASD shall consent to the Petition, without further conditions and shall execute any documents required in connection therewith. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. (SIGNATURES FOLLOW oN NEXT PAGE) 2 of 4 6/6 ' d HOE ' ON flaw] WHO] UR I 9002 'Z l '2nV IN WITNTSS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly-authorized officers as of this day of pr ,2003. MIAMI-DADE OFFICE OF PUBLIC TRANSPO N MANAGEMENT Dater qj D3 By: Danny Alvarez,Ex tivc Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMANENTIA,INC., its Managing General Partner Date; By: Name: Raul Masvidal Title: President on behalf of Tenant MIAMI-DADE WATER AND SEWER DEPARTMENT Date: Q SI D 3 By: William rant,P.E., irector 3�of a 0 ' d 6Z0£ ' ON [AN] 2U Mel Wd6£: £ gooZ ' Z l ' 2nV IN WPTNrm VAUMOF,the parries hereto have caused this Agreement to be executed by their duly-authorized officers as of this J�C day of 68,Abw IVC 2003 MIAMI DADE OFFICE OF PUBLIC TRANSPORTATION MANAGEMENT Date: By-, Danny Alvarez,Executive Director on behalf of Landlord Approved by County Attorney as to form and legal sufficiency HOMETOWN STATION,LTD. by PERMAj% N [A,INC., its Managing General Partner Date: �I la3 Name: Ra Title: esideflt on be of Tenant NRAMI-DADE WATER AND SEWER DEPARTM ENT Date: By: William M. Brant, RE_,Director 3d4 6/9 ' d 6Z0£ ' ON [ANI suis?el. Wd0t:£ 9002 ' Z [ ,gnV r Yx South Miami A11-Amefta City 12AV '�axrx'F' e 2001 MAYOR: Horace G.Feliu CITY MANAGER: Sandy Youkilis (Acting) VICE MAYOR: Mary Scott Russell CITY ATTORNEY:Earl G. Gallop COMMISSIONER: Randy G.Wiscombe CITY CLERK: Ronetta Taylor, CMC, COMMISSIONER: David D. Bethel COMMISSIONER: Dan McCrea . CITY COMMISSION AFTER ACTION SUMMARY City Commission Meeting Meeting date: April 15, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 22, 2003 Phone: (305) 663-6340 Time: 7:30 PM City of South Miami Ordinance No. 10-00-1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125. 00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. It does not apply to not-for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CONSENT AGENDA RESOLUTION NO. 50-03-11599 4 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A. , IN THE AMOUNT OF $4, 230 .71; CHARGING $4,230 .71 TO ACCOUNT NO. 1500-514-3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 1 AFTER ACTION SUMMARY - April 15, 2003 (City Attorney) RESOLUTION NO. 51-03-11600 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $32, 817 . 13; CHARGING $2, 097 .50 TO ACCOUNT NO. 1500-514-3435, REAL PROPERTY/FORECLOSURE; CHARGING $23, 949. 13 TO ACCOUNT . NO. 1500-514-3410, LEGAL SERVICES, NON-RETAINER; CHARGING $738. 00 TO ACCOUNT NO. 608-1910-521-3100, PROFESSIONAL SERVICES, FORFEITURES; AND CHARGING $6, 032 . 50 TO ACCOUNT NO. 1500-514-3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Moved by Commissioner Wiscombe, seconded by Vice Mayor Russell to approve the consent agenda. Motion passed by a 5-0 vote. Commissioner Wiscombe: Yea; Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Commissioner Bethel : Yea; Mayor Feliu: Yea. ORDINANCE (S) SECOND READING PUBLIC HEARING (S) None RESOLUTION (SWPUBLIC HEARING (S) None RESOLUTION (S) 6 .A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 3 T.TV SET FORTH AMENDME T�'T—ic7 TO THE BERT . HARRIS, TT1 A CT AND'�'1NY AN P1 ALL PlTHER q� T nn O-i4 i ACT OTHER =TCB.YjOSEDD AMENDMENTS THAT WOULD SUBjEn�yCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI jUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING HE RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSI+; AND GGVER-NOR; PROVIDING AN EFFECTIVE DATEt (Viee—Mayer « ell& Gemmissioner McCrea) 3/-5 Please note, Vice Mayor Russell and Commissioner McCrea withdrew their sponsorship of this item, hence deleting it from the official agenda. RESOLUTION NO. 52-03-11601 7 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION; REGULAR CITY COMMISSION 1 2 AFTER ACTION SUMMARY - April 15, 2003 AUTHORIZING CONTRACT WITH KURZBAN, KURZBAN, WEINGER & TETZELI, P.A. TO DEFEND LAWSUIT BY MARK RICHMAN PROPERTIES, INC. ; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Moved by Commissioner McCrea, seconded by Vice Mayor Russell and Commissioner Wiscombe to approve this item. Motion passed by a 5-0 vote. Commissioner Wiscombe : Yea; Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Commissioner Bethel : Yea; Mayor Feliu: Yea. 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER, CITY ATTORNEY AND CITY CLERK; ESTABLISHING GUIDELINES FOR EFFECTIVE COMMUNICATION WITH ELECTED OFFICIALS; PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner McCrea) Moved by Commissioner McCrea, seconded by Vice Mayor Russell to defer this item to the April 22, 2003 City Commission meeting. Motion passed by a 5-0 vote. Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Commissioner Bethel : Yea; Commissioner Wiscombe : Yea; Mayor Feliu: Yea. RESOLUTION NO. 53-03-11602 9 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002-2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL ONE RECENTLY VACATED POSITION, PERMIT COORDINATOR, NOTHWITHSTANDING THE CURRENT HIRING FREEZE; PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) Moved by Commissioner McCrea, seconded by Commissioner Wiscombe to approve this item. Motion passed by a 4-0 vote. Commissioner McCrea: Yea; Commissioner Bethel : Yea; Commissioner Wiscombe : Yea; Vice Mayor Russell: Out of room; Mayor Feliu: Yea. RESOLUTION NO. 54-03-11603 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; RESCINDING RESOLUTION NO. 197-03- 11546, ADOPTED DECEMBER 17, 2002, WHICH APPROVED FUNDING IN AN AMOUNT NOT TO EXCEED $42, 000 .00 FOR THE FIRM OF GOMEZ BARKER AND $42, 000 .00 FOR THE FIRM OF RONALD L. BOOK, P.A. ; PROVIDING AN EFFECTIVE DATE. (Commissioner Bethel) 3/5 REGULAR CITY COMMISSION 3 AFTER ACTION SUMMARY - April 15, 2003 Moved by Commissioner Wiscombe, seconded by Commissioner Bethel to approve this item. Motion passed by a 3-2 vote. Commissioner Bethel : Yea; Commissioner Wiscombe: Yea.; Vice Mayor . Russell: Nay; Commissioner McCrea: Nay; Mayor Feliu: Yea. RESOLUTION NO. 55-03-11604 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42, 000 . 00 FOR THE FIRM OF GOMEZ BARKER AND $24, 500 FOR THE FIRM OF RONALD L. BOOK, P.A. ; FROM ACCOUNT NO. 001-1315-513-3450 ENTITLED "CONTRACTUAL SERVICES"; PROVIDING AN EFFECTIVE DATE. (Commissioner Bethel) 3/5 Moved by Commissioner Wiscombe, seconded by Commissioner Bethel to approve this item. Motion passed by a 5-0 vote. Commissioner Bethel : Yea; Commissioner Wiscombe : Yea; Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Mayor Feliu: Yea. RESOLUTION NO. 56-03-11605 12 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDING FOR EVENTS AND USE OF CITY PROPERTIES, ESTABLISHING PROTOCOL AND 'GUIDELINES TO BE USED FOR PURCHASE OF TABLES FOR EVENTS AND USE OF CITY COMMISSION CHAMBERS FOR SPECIAL EVENTS; PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioners Bethel & Wiscombe) Moved by Commissioner Wiscombe, seconded by Commissioner Bethel to approve this item. Motion passed by a 5-0 vote. Commissioner Bethel : Yea; Commissioner Wiscombe : Yea;. Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Mayor Feliu: Yea. RESOLUTION NO. 57-03-11606 13 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ADDENDUM , NUMBER ONE TO AGREEMENT WITH MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE MULTI- PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH MIAMI WATER MAIN EXTENSION, PHASE lA & 1B KNOWN TO MIAMI-DADE WATER AND SEWER DEPARTMENT (MDWASD) AS ID# 17656; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Russell, seconded by Commissioner Bethel to approve this item. Motion passed by a 4-0 vote. Commissioner Wiscombe: Out of room; Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Commissioner Bethel : Yea; Mayor Feliu: Yea. REGULAR CITY COMMISSION 4 AFTER ACTION SUMMARY - April 15, 2003 RESOLUTION NO. 58-03-11607 14 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR NORTHSIDE TRAFFIC PLAN/STUDY FOR AN AMOUNT $14, 300 . 00 TO BE CHARGED TO TRAFFIC CIRCLE BOND ACCOUNT NO. 001-0000-132-2052; PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) Moved by Commissioner McCrea, seconded by Vice Mayor Russell and Commissioner Bethel to approve this item. Motion passed by a 5-0 vote. Commissioner Bethel : Yea; Commissioner Wiscombe : Yea; Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Mayor Feliu: Yea. RESOLUTION NO. 59-03-11608 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE SOUTH MIAMI STATION OF THE RAPID TRANSIT ZONE; THE PROPERTY BEING LOCATED WITHIN A MIAMI-DADE COUNTY ZONING DISTRICT ENTITLED "STAGE 1 FIXED-GUIDEWAY RAPID TRANSIT SYSTEM-DEVELOPMENT ZONE; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner McCrea, seconded by Vice Mayor Russell and Commissioner Wiscombe to approve this item. Motion passed by a 5-0 vote. Commissioner McCrea: Yea; Commissioner Bethel : Yea; Commissioner Wiscombe: Yea; Vice Mayor Russell : Yea; Mayor Feliu: Yea. ORDINANCE (S) FIRST READING (S) 16 . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREETS; AMENDING ORDINANCE NO. 01-03-1785 IN ORDER TO CORRECT SCRIVENER'S ERROR AS TO STREET ADDRESS, APPROVING THE TRANSFER JURISDICTION OVER CERTAIN STREETS TO MIAMI- DADE COUNTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Attorney) Moved by Vice Mayor Russell, seconded by Commissioner Wiscombe to adopt this ordinance on first reading, with second reading and public hearing scheduled for May 6, 2003 . Motion passed by a 5-0 vote. Vice Mayor Russell : Yea; Commissioner McCrea: Yea; Commissioner Bethel : Yea; Commissioner Wiscombe : REGULAR CITY COMMISSION 5 AFTER ACTION SUMMARY - April 15, 2003 Yea; Mayor Feliu: Yea. PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 6 AFTER ACTION SUMMARY - April 15, 2003 A o� SO U T� South Miami AII-America City • INCORPORATED � 1927 Q� C p o 2001 Excellence, Integrity, Inclusion To: Honorable Mayor,Vice Mayor& Date: April 15,2003 City Commission Re: Item No. From: Sanford A.Youkilis Final Plat Approval Acting City Manager Hometown Station(Metrorail) REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE SOUTH MIAMI STATION OF THE RAPID TRANSIT ZONE; THE PROPERTY BEING LOCATED WITHIN A MIAMI-DADE COUNTY ZONING DISTRICT ENTITLED "STAGE 1 FIXED-GUIDEWAY RAPID TRANSIT SYSTEM-DEVELOPMENT ZONE. BACKGROUND The County is currently undertaking several developments at stations along the Metrorail line. The South Miami Metrorail Station is located within a County designated Rapid Transit System Zoning District and is subject to zoning standards and permitting procedures specified in Chapter 33C of the Miami-Dade County Code. Hometown Station Ltd., in conjunction with the Miami-Dade County Transit Agency, is undertaking a development at the site of the South Miami Metrorail Station. On May 7, 2002, the City Commission, after public hearing, adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development at the South Miami Metrorail Station(Resolution 62-02-11411). REQUEST On January 7, 2003, the City Commission approved the tentative plat for this property. At this time, the Miami-Dade Transit Agency is requesting final City approval of the underlying plat for the Metrorail Station development. The final plat will enable the previously approved mixed-use development containing a combination of office,retail,and residential space to go forward. RECOMMENDATION APPROVAL of the Final Plat. Attachments: Draft Resolution Hometown Station May 7,2002 Staff Report Tentative Plat SAY/RGL K:\Comm Items\2003\04-15-03\1-lometown Station Plat-report.doc y _ wA' READ AND APPROVED AS TO FORM: Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner McRae: Commissioner Wiscombe: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE SOUTH MIAMI STATION OF THE RAPID TRANSIT ZONE; THE PROPERTY BEING LOCATED WITHIN A MIAMI-DADE COUNTY ZONING DISTRICT ENTITLED "STAGE 1 FIXED-GUIDEWAY RAPID TRANSIT SYSTEM-DEVELOPMENT ZONE. WHEREAS, Hometown Station, Ltd. has submitted an application for approval. of Master Plan Development Standards for the South Miami Rapid Transit Zone and for a proposed Mixed-Use Development of the South Miami Metrorail Station; and WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the Master Plan Development Standards for the South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a proposed mixed-use development at the South Miami Metrorail Station(Resolution 62-02-11411); and WHEREAS, Miami-Dade County and Miami-Dade Transit have requested final City of South Miami approval of the underlying plat for the Metrorail Station property; and WHEREAS, the Final Plat submitted, entitled "South Miami Station" conforms to the approved Master Plan Development Standards and proposed Mixed-Use Development for the Metrorail Station; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the final plat entitled"South Miami Station" is hereby approved. Q Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of 2003. ATTEST: APPROVED: CITY CLERK MAYOR