6001 SW 70 ST_GREEN DEVELPMENT AGRMT ORDINANCE NO. 06-10-2031
AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN'AMENDMENT TO THE SITE
PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET
WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON
OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN
ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES;
PROVIDING FOR SEVERABILTY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission on October 2, 2001 adopted Ordinance .24-01-
1755 which changed the official zoning map of the City on property at 6001 SW 70th Street
(aka the Valencia Building) from "MO" Medium Intensity Office Zoning District to
TODD (MU5), Transit Oriented Development District (Mixed Use 5) in order to permit
the construction of the Valencia Building (aka Shoal Creek Properties) a six story
residential building with ground floor commercial uses; and
WHEREAS, in order to implement a policy of encouraging retail establishments the
adopted Site Plan specifically designated that all of the commercial space on the first floor
of-the building facing SW 59th Place was to be limited to "Retail' uses as set forth in the
Land Development Code Permitted Use schedule; and
WHEREAS, over the past eight years most of the commercial spaces on the ground
floor have remained vacant and it has been difficult to attract tenants which are strictly
retail establishments; and
WHEREAS, in order to expand the opportunities for local residents to establish
businesses in the building and the community, the City Commission at its November 3,
2009 meeting adopted Resolution No. 196-09-13005 requesting the Planning Board and
the Planning and Zoning Department to initiate the necessary legislation, to amend the
adopted site plan to allow other uses (office, business and personal services as set forth in
LDC Permitted Use Schedule); and
WHEREAS, The Planning Board at its December 22, 2009 meeting, after public
hearing, approved a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendment as shown in the attached draft ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1. That the Site Plan(Section 1, Condition 1) for the Valencia Building (aka Shoal
.Creek Properties), as submitted to the City on September 28, 2001 and adopted by
Ordinance No. 24-01-1755 is hereby amended to show that in addition to
retail uses, office, business and personal services as set forth in LDC Permitted
Use Schedule for the TODD (MU5), Transit Oriented Development District (Mixed Use 5)
shall be permitted in the commercial space of the project, provided that each offiee�
business and personal services use is approved by the Special Use permit process set
forth in Section 20-5.8."
l 4A' P0.06-10-2031 2
Section 2. All ordinances or parts_ of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining p6rtions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2_ nd,day of February, 2010
ATTEST: APPROVED:
ITY CLERK MAYOR
1St Reading— 1/26/10
2nd Reading—2/2/10
READ AND APPROVED AS TO FORM AND SUFFICIENCY COMMISSION VOTE: 5-0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
CITY ATTORNEY
XXomm Items\2010\2-2-101LDC Amend Valencia Site Plan Revised Ord.doe
� r
-
_::_:.. 11111 VIII fill 1111
CFN 2008R13104-4'F0
OR Ek 26203 Fs s 1380 - 14 01; (22P W 5
RECORDED 02/07/2008 10=53:06
HARVEY RUVIH? CLERK OF COURT
MIAMI-DADE CDUWTYP FLORIDA
DLOIT AGREE
BETWEEN
THE CITY OF SOUTH HIAMIt FORIDA
AND SOUTH HIAM CORMRATION
THIS DEVEIOPMM = ("Agreement") is made as of
,Tune 14, 2005 by and between THE CITY OF
SOUTH MIAMI, FLORIDA a municipal -corporation ("City") and
SOUTH MIAMI CORPORATION ("Company") or its assignee.
RECITALS
WHEREAS, the Florida Local Government Development
Agreement Act, set forth in sections 163.3220 - 163.3243,
Florida Statutes, set forth in Exhibit "A" (the "Act")
provides for the execution of development agreements for a
term not to exceed ten (10), years to insure that the law in
effect at the time of fhe execution of-fhe -development
agreement shall govern the development of the land for, the
duration of the agreement; and
UlEREAS, the city commission of the City of South
Miami has adopted Ordinance No. 05-05-1027 which implements
the Act and permits the consideration and the adoption of
this agreement; and
WHIREAS, the Company owns approximately 4 .5+/- acres,
zoned HD-OV, described in Exhibit "B," (the "Property") ;
and
WHERF LS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C," (the "Project") in the
--" "tiometo!Wn- Districb Overlay Zone within the City of South
Miami.
Page 1 of 17
a�
Bonk26203/Paae1380 CFN#20080104490 Page 1 of 22
,Z
r •
JipM, THERE ORE, in consideration of the above recitals
and the following covenants, terms and conditions the'
receipt and sufficiency of which are expressly
acknowledged, the city and Company covenant and agree as
follows:
1. Incorporation of Recitals. The recitals set forth
above are true and correct and are incorporated herein by
this reference.
2. Property. The Company owns the property as
described in Exhibit "A". This property is deemed to be one
unified parcel and is subject to the unity of title
pursuant to the requirements of sections 20.7.30 and 20-
5.14 of the City Land Development Code (the "LDC"_) attached
hereto as Exhibit "D".
3. Effective Date; Duration of Agreement. This
' agreement shall become effective after it has been recorded
in the public records of Miami-Dade County and thirty (30)
days after it is received by the Florida Department of
Community Affairs (the "Effective Date") . This agreement
shall terminate ten years from the effective date of this
agreement, unless otherwise extended or terminated as
provided for herein or in the act. The maximum period of
this agreement shall be ten (10) years from the effective
date unless extended by mutual consent of all legal and
equitable owners of the Property and the city upon approval
at a public hearing, as provided in the act.
4. Use of Property. The property described in Exhibit
"A" is to be utilized for the project described in Exhibit
"C": a mixed use residential, office and retail project
with a residential use not to exceed 108 dwelling units on
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Book26203/Page1381 CFN#20080104490 Page 2 of 22
,1
approximately 4.5. +/- acres. The project will include
"chamfered" corners where it abuts roadway intersections
pursuant to Exhibit "C". The occupied space of the project
will not exceed four stories or fifty six (56) feet in
height unless otherwise permitted by the South Miami
comprehensive plan or its land development regulations. The
total of occupied space of the project shall not exceed
four stories. Non-occupied space shall not exceed a maximum
height of fifty six feet. The project shall be built in two
phases as follows:
a Phase I shall consist of Blocks "A" and "G11
described in Exhibit "C".
® Phase II shall consist of Block -x4VL "C" described
in Exhibit
e
The Coro) ny may elect to i=plsmant the
development plan in one phase.
— @ The C4� saxxer may elect to utilid®- Block "C° as a
tmmporary bank f&r-ility with drive-through lanes
(not to exc®cd four larea) which facilitX shall
be removed upon the isauance of the Certificate
of occupancy for the Bauzk facility on Block "A"-
The overall development of the property shall be
conducted in accordance with the approved site plan on file
at the City, (attached and incorporated as Exhibit "B")
including elevations, architectural features and estimated
commercial square footage pursuant to Section 20 .3-7, of
the LDC.
_ 5. Public-_Faciliti®s Serving-the. Project. In order to
enhance public facilities in the City of South Miami, the
Page .3 of 17
r17 Nitt?nnRn1 n4490 Page 3 of 22
Company agrees to provide the services listed below in
compliance with Section 20-4.1 of the LDC, including:
(a) Roadways
An operational traffic study was conducted. by
the city and the Company agrees to the
recommendations of city staff as set forth in
their staff report which recommendations are
incorporated herein by reference.
(b) Parks and Recreation
Based on the projected residential population
on the Property, Company agrees
le 4 aeeeptable tea
r
based en the a CePa�e ease®—��i�e—=-�
se$�e�e�:��e�--g�e�e���►-��--t��e--e�t�+-e��e���re-
e gpee}a� �e fee~
1 zzva
in the-G} e->- and
e see
the to donate $232;000 in
- on®=lump sum as -its -rexponsib lity for =acting
park and recreation concurrency. Payment shall
be made on or before .receipt of tho fir'st
building permit and shall includes any interest
or carrying cost incurred by the City until
receipt of the payment."
(c) Sanitary Sewers
Water. and Sewer services that comply with all
requirements of Miami-Dade county for any
building prior * to issuance of, a final
Certificate of Use and Occupancy.
Page 4 of 17J c. �7(17
trr.i-Unnnon�1 n.A n nn ID nG d of 77
(d) Solid Waste
Solid Waste services that. comply with all
requirements of Miami-Dade County for any
building prior to issuance of a final
Certificate of Use and Occupancy.
(e) Schools
The Company commits to pay upon the issuance
of the initial certificate of. occupancy any
required Miami-Dade County School Board school
impact fees.
6. Concurrency. The City of South Miami has determined
that the Company' s performance under the Development
Agreement satisfies , the concurrency requirements, as
delineated in Section 20-4.1, City Code. By execution of
this Agreement, the City acknowledges -that the application
for site plan approval meets a concurrency regulations
enumerated in Section 20-4.1 'of' the 'City Code, and that the
site plan application and this Agreement are consistent
with the— City- Comprehensive -Plan and Land- -Development
Regulations..
7. Permits. The permits preliminarily identified as
necessary for development of the project are described as
follows:
(a) Special Exception to permit four drive-
through teller lanes within the site.
(b) Special Exception to provide 72.2% +/- lot
coverage.
(c) Special Use permit to permit up to four
restaurants with a. maximum total of 13, 820+/-
square feet with parking to be supplied from any
Page 5 of 17 ,� A`i4�
.K
��. L�G�(1'2/Dnnn'{'2PA r pm:ff9nnRnin4490 Paqe 5 of 22
excess parking within the site. Retail and
restaurant parking shall be marked and signed.
g, Davelo_manant. Conditions.. The following conditions
shall apply to the development of the project:
(a) The Company shall meet all applicable
building codes, land development regulations,
ordinances and other laws.
(b) The Company shall adhere to the requirements
of all permits for the project.
(c) The Company shall develop the project in
conformance with the parameters set forth in this
agreement.
(d) All development shall be in accord with the
site plan submitted with the special exception
and special use applications, said site plan
(e) The Company shall provide the Department of _. ..
Planning with a temporary parking plan, including
re -ses 6Mwrvan- � 0ttion
employee parking during the construction period,
said plan shall include an enforcement plan and
shall be subject to the review and approval by
the planning director prior to the issuance of
any building permits and shall be enforced during '
construction activity.
f) All conditions .imposed by the City Commission
shall be incorporated in this Development
Agreement,
g) Company shall reimburse the City its lost
parking revenue from any metered parking spaces
Page 6 of 17
M,-, ,t,or_On`2/IDancn,VI Rr% r'FN MoRo104490 Paae 6 of 22
l
adjacent to the Property which. it occupies or
uses during the construction period.
h) The Company shall donate to a city trust. fund
$40, 000.00 to be used by the city for traffic
calming or other traffic mitigation programs
within the City of South Miami. This money shall
be donated to the City prior to the issuance of
its first building permit.
9. Consistency with City of South Miami Cosrprehensive
Plan and Land Development Regulations. The city has adopted'
a Comprehensive Plan and Land Development Regulations in
accordance with Chapter 163, Part II, Florida Statutes. The
city finds that the project is consistent .with the city's
comprehensive plan and the city's land development
regulations. The project, a mixed use residential, office
a��ry a i i�de ve Slsm� ; Ws- s�ertfbxtfr=hre�re—±i s5czrrsi-s-tent
with the "Mixed-Use. Commercial/Residential-- (Four Story) "
designation on the future land use map, and the HD-OV
zoning�isfr`ict on-the Official--"Z6riirig--Atla's =of--the- City of
South Miami. Goal 2 of the Future Land Use Element
identifies the defines . the home town district which
consists of the "Hometown District overlay Zone," as
defined in Article VII, sections 20-7.1 through 20-7.52 of
the city,s. land development regulations.
10. Vesting. As long as the development on the
Property is in compliance with this Development Agreement;
and all applicable laws, ordinances, codes and policies in
existence at the time of the execution of the Development
Agreement as well as other requirements imposed by the City
Commission upon the ratification of the site plan approval
Page 7 of 17
r.FN:ff9nnRo1 o4490 Page 7 of 22
on the Property, the Property shall not be the subject of a
down zoning. application by the City and shall not be
subject to any development moratorium, referenda action,
ordinances, policies, or procedures enacted by the City
that limits the development contemplated by this Agreement
and depicted in the site plan. Any failure by this
Agreement to address a particular permit, condition, term
or restriction shall not relieve the Company of the
necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
11. Permits, Conditions, Terms . and Rectrictions not
Addressed. The failure of this agreement to address a
particular permit, condition, term or restriction shall not
relieve the Company or the city of the necessity of
complying with- -- the law governing said permitting
en s, `t: zSI�"re'rm-s7-or-restrictions.
requirem
12. Duration of Permits. The Company acknowledges that
this agreement._does..,not extend.,the,..duration of __y_ permits
or approvals.
13. Last Governing Development of the Property. The
-ordinances, policies and ..procedures of the City of South
Miami concerning development of the- property that are in
existence - as of the execution of this agreement shall .
govern the development of the property for the duration of
the term of this agreement No subsequently adopted
ordinances, policies, or procedures shall apply to the
property except in accordance with the . provisions of
section 163.3233 (2) , Florida Statutes, and Ordinance No.
05-05-1827, as attached.
Page B of 17t��1r
Rnnk?0 203/P2oe1387 CFN#20080104490 Page 8 of 22
14 . Termination. This agreement may be terminated by
mutual written consent of the city and Company, subject to
the terms and conditions herein. Either party may terminate
this Agreement if the other party commits or allows to be
committed any material breach of this Development
Agreement. A "material breach" of this Agreement shall
include, but not be limited to, a failure of either party
to perform any material duty or obligation on its part for
any thirty (30) consecutive day period. Neither. party may
terminate this Agreement on grounds of material breach of
this Agreement unless it has provided written notice to
the other party of its intention to declare a breach and to .
terminate this Agreement (the "Notice to Terminate") and
the breaching party thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
following the receipt of such Notice to Terminate, with the
exception of monetary breaches which sha 1 be cured" within
thirty (30) after receipt of notice.
15. Rssignmsnt: This- Development -.Agreement may not be
assigned by the Company except to an affiliated entity,
without the prior written consent of the City. Subject to
the preceding sentence this Development Agreement shall be
binding upon the successors, assigns, and representatives
of the parties hereto. An affiliated entity is an entity of
which South Miami Corporation or a majority of its
shareholders, directly or indirectly owns at least 51% of
the beneficial interest.
16.- workForce. The Compainy agrees to use__i*'s best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
Page 9 of 17 ��`��®
I-,r,,>,n �zQQ rPniII?nnRni n449n Paae 9 of 22
maximize job opportunities for applicants from South Miami,
the Company shall send notice to the Community
Redevelopment Agency Director of the City of South Miami,
.or a substitute designee by the City Manager, regarding
employment opportunities related to any (1) construction
work on the Property, (2) temporary or permanent
maintenance work on the Property, or (3) proposals for
leasing of retail space or employment opportunities
associated with retail space located on the Property.
17. Joint Praparstion. This agreement has been drafted
with the participation of the city and Company and their
counsel, and shall not be construed against any party on
account of draftsmanship.
16. Binding Effect. The burdens of this agreement
shall be binding upon, and the benefits of this -agreement
�}1a1� nure�tS1f a l l suc.cF,-- _nm_3_ntere.ste_t.-o' the parties
of this agreement.
- —.19. Capti-ons--and-.-Heath-ngs;-.---P-ar-a-graph -headings are for
convenience only and shall not be used to construe or
interpret this agreement.
20. Applicable Laws, Jurisdiction, and Venue. This
agreement shall be governed by and interpreted, construed,
and enforced in accordance with the internal laws of
Florida without regard to principles of conflicts of law.
This agreement may be enforced as provided in Section
163.3243, Florida Statutes . Venue for any litigation
pertaining to the subject matter hereof shall be
exclusively in Miami-Dade County Florida.
Page 10 of 17
nrr �.ncnno,n----I "Ion (`Cnl#7nnPnInAAQn Panin in of 99
21. EnforcAm nt. In any litigation arising out of this
agreement,, the prevailing party shall be entitled to
recover its costs and attorneys fees. Attorney' s fees
payable under this paragraph shall not exceed 25% of the
amount of damages awarded to the - prevailing party and no
party shall be entitled to pre-judgment interest_ In any
injunctive or other action not . seeking damages under this
paragraph, legal fees may be awarded in the discretion of
the court, but . shall be reasonable and shall not exceed an
hourly rate of $300.00 'per hour.
22. Inspection. Nothing in this Agreement shall be
construed to waive or limit the City'.s governmental
authority as a municipal corporation and political
subdivision of the State of Florida. The Company therefore
understands and agrees that any official inspector of the
--Ci-ty-' of- -Soutlf-Nliami,—or --its--,agents' -duly`-authorized, have
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
with apP 1cab7e-laws including 1�uf`not—limited to building
and zoning regulations and the conditions herein.
23. Authorization to Withhold Permits and Inspections..
-In the event the Company is obligated to make payments or
improvements under the terms of this Development Agreement
and such payments are not made as required, or such
improvements are not made as required, - in addition to any
other remedies available, the City of South Miami is hereby
authorized to withhold any .further permits on the portion
of the_ Property - failing to . ..comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
Page 11 of 17
^ - - _rinnr�nim__-Annn r,C' 1440nn0 n10AA0n Pa(1P 11 of ?9
until such time this Development Agreement is complied
with.
24.. Repr®sentations of the Company. The Company
represents to the City as follows:
(a) The execution, delivery and performance of
this Agreement and all other instruments and
agreements executed in connection with this
Agreement have been properly authorized by the
Company and do not require further approval by
Company:
(b) This Agreement has been properly executed,
and constitutes Company's legal, valid and
binding obligations, enforceable against Company
in accordance with its terms.
(c) There are no actions, suits or ..pzoceedings
— pending _o. �,� �ned= a— istaeig
Company before any court or governmental agency
that would in any material way affect Company's
abilif—y to 'pe=foi this Agreement.
(d) Company shall not act in any way whatsoever,
directly or indirectly, to cause this Agreement
to be amended, modified, canceled, or terminated,
except pursuant to its express terms, and shall
take all actions necessary to ensure that this
Agreement shall remain in full force and effect
at all times.
(e) Company has the financial capacity to pay or
advance to the City all fees and payments as
required under this Agreement.
Page 12 of 17 � (�t
_ _ :_ Ih 1_LL e)nn0n-1 nit AOn Pant- 19 of 22
25. Severability. In the event that . any of the
covenants, agreements, terms, or provisions contained in
this agreement shall be invalid, illegal, or unenforceable
in any respect, the validity of the remaining covenants,
agreements, terms, or provisions contained herein shall be
in no way affected, prejudiced, or disturbed thereby.
26. Waivers. No failure or delay by Company or the
City to insist upon the strict. performance of any covenant,
agreement, term or condition of this Agreement, or to
exercise any right or remedy consequent upon the. breach
thereof, shall constitute a waiver of any such breach or
any subsequent breach of such covenant, agreement, term or
condition. No covenant, agreement,' term, or condition of
this Agreement and no breach thereof shall be waived,
altered or modified except by written instrument. No waiver
-- -ef--an ► reset sk�ali-°a ee t° ror°a3 er-6-th-i°s�ga-e-ementt-=-but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
- -respe-ct--to—an.y—other then• existing" or- subsequent breach
thereof.
27. Annual Report and Review. It shall be the
respon-sibility--of=the- -Company-tom-ubmit==an—annual report to
the City sufficient to fulfill the requirements as stated
in the provisions of Section 163.3235, Florida Statutes,
and Ordinance No. 05-05-2005. This agreement shall be
reviewed annually on the anniversary of the effective date
of this agreement. The Company, or -its assign, shall submit ,
an annual report_ at _ least_.:30 _clays_:_. prior ..to- ._the,__annual
review date. This report shall contain a section-by-section
listing of what obligations have been met and the date
Page 13 of 17
_ e- r-k il1n.,.,nn4 n A Ann of 99
finalized, as good faith compliance with the terms of the
agreement. The city commission shall review the annual
report at a public meeting. If the City Commission finds,
on the basis of substantial competent evidence, that there
has been a failure to comply with the terms _ of the
Development Agreement, the Agreement may be revoked or
modified by the City. The obligation to submit an annual
report .shall conclude upon the date on which the agreement
is terminated.
26. Notices. Any notices or reports required by this
agreement shall be sent to the following:
For the City: City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Copy-ton-
Planning and Community
Development Department
City of South Miami
6130 Sunset•_Drive
South Miami, Florida 33143
For they compaLny: South Miami Corporation
Attn: Donald F. Hunter,
Vice President
And Wade R. Waeholz, counsel
5750 Sunset Drive
South Miami, Florida 33143
Copy to: Wade R. Wacholz, Esq.
Gislason & Hunter, LLP.
P.O. Box 5297
Hopkins, Minnesota 55243-2297
W. Tucker Gibbs, Esq,
215 Grand Avenue
Coconut Grove, Florida 33133
Page 14 of 17
- - - _ kI-ur,nnon.,nA Ann D�nrk 'Id of 79
29. Exhibito. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. A€ andment. This agreement may be amended by mutual
written consent of the city and Company so long as the
amendment meets the requirements of. the act, applicable
city ordinances and Florida law.
31. Entire agreement. This agreement represents the
entire agreement and no prior or present agreements or
representations shall be binding upon either the city or
Company, unless specifically incorporated herein by
reference, whether such prior present agreements have been
made orally or' in. writing. Each party affirmatively
represents that no promises have been. made to that party
that are not contained in this Agreement, and the Exhibits,
and_stulates that �� e�id.P.n�e�o-f�an3giseS- not
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on its behalf. This Agreement shall
gt_:_be supplemented, amended or -modified- by any course of
dealing, course of performance or uses of trade and may,
only be amended or modified by a written instrument duly
executed by officers of both parties.
32. , Third Party Beneficiary. This Agreement is
exclusively for the benefit of the parties hereto and their
Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise
to liability to any third party other than the authorized
successors and assigns of the parties hereto.
33. Periods of Time. .Whenever any determination is to
be made or action is to be taken on a date specified in
Page 15 of 17
this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall
be extended to the next day which is not a Saturday, Sunday
or legal holiday.
34. Counterparts. This Agreement may be executed
(including by facsimile) in one. or more counterparts, and
by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an
original but all of which taken together shall constitute
one and the same agreement.
35. Recordation. Within 20 days after the Development
Agreement has been signed by both the Company and the City,
the . Applicant shall cause a copy of the Development
Agreement to be recorded at the Applicant's expense in the
registry of deeds in Miami-Dade County.
36. Abandonment of Right-of-Nay. The City agrees to
abandon the right-of-way adjacent to the property to the
buildable line. The Company shall contemporaneously grant
to the City an easement from the right-of-way adjacent to
the property to the buildable line for all future needs of
the City. To ensure that the proposed structure does not
interfere with the City's future needs, any permanent
structure extending out over the City's easement shall
provide the City with clearance as provided in the Hometown
Overlay District in the Land Development Code (10-feet
minimum) .
Page 16 of 17
pASSED AND DULY X-DOPTED by the city, Commission of the
City of South Miami, Florida, this day of200 .
/
2
44,
000
A TEST: APPROVED:
TY CLERK MAYOR f
READ AND APPRO D AS TO FORM:
C TT '
AGREED TO this day of r 1�, 200/
Witnesses SOUTH MIAMI CORPORATION
Y�
President- g
--_Print Name A,2N\ nom. ujQ A,
Print Name
STATE OF rT n T�^•a 3�"�!ntot 5 )
COUNTY OF eOOK )
The foregoing instrument was acknowledged before me this
a.G day of DEc-E..-n-SVZ , 2007XIby W. ROCKWELL iW/Rrz who is
pens nally known to me or who produced
as identification, on behalf
of the corporation.
_ CYNTHIA E.KRCH
My commission expires: _ �,to°� ssoeo SEAL
My CommWon eq*es
AUPW e,201 t
Page 17 of 17
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