02-03-09 Item 2fSouth Miami
NI- America City
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun , City Manager
From: Sanford A. Youkilis, Acting Planning Directo
I
Date: February 3, 2009
ITEM NO.
Subject: Annual Report on Project Sunset Project
Project Summary
In March, 2005 the City Commission approved.a mixed use project entitled "Project Sunset" located
at 5750 Sunset Drive. The project is a unified development covering 2 1/2 blocks (4.5 acres) in the
Hometown District. It includes 108 residential units and 87,212 square feet of commercial space. The
approval included the approval ( by resolution) of a two special exceptions to allow lot coverage and
building square footage to exceed the maximums permitted and to allow four drive - though teller lanes
where only two are permitted. A second item approved was an ordinance to accept a site plan for the
project and a Development Agreement pursuant to Florida Statutes 163.3220 - 163.3243.
Project Status
The project is not under construction as the developer is in the process of requesting changes to the
site plan, the special exceptions granted and the Development Agreement itself. The changes have
been recommended for approved by the Planning Board and are scheduled for consideration by the
City Commission in February. The name of the project has been changed to "First on Sunset ".
Effective Date
The Development Agreement, although adopted by the City in March 2005 was not signed (executed)
by both parties until December 26, 2007.. The recordation was done on February 7, 2008 which is
legally considered the effective date of the Development Agreement (Section 3, Development
Agreement). The developer had 20 days from the signing date to record the agreement in the County's
Public Records (Section 35).
Annual Report
The Agreement includes a requiring the submission by the developer of an annual report on the
anniversary of the effective date of the Development Agreement (Section 27). It is essentially a
status report showing that obligations have been met and that there has been compliance with the
provisions of the Agreement. The annual report must be reviewed by the City Commission at a public
meeting. The City Commission may accept the report or if there is a finding by the Commission 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 project developer, South Miami Corporation, has submitted the required annual report in the
form of a letter from the developer's attorney Jerry Proctor, Esq. dated January 8, 2009. It is attached
2
to this cover memo. A summary of progress made on the major obligations of the developer is
contained in the cover letter. The executed Development Agreement is attached as part of the report.
Administration Observations
(1) There is a 33 month period between approval of the Development Agreement by the City Commission
in March, 2005 and the official signing of the document by both parties in December, 2007. It is
important to note that shortly after the project was approved by the City Commission in 2005 the
developer began considering major changes in the scope of the project, phasing of the project, and the
architectural design of the project. A new architectural firm was eventually hired.
(2) The Administration has been able to determine that the Planning Director in 2005 -2006 insisted upon
the signing of the Agreement by the developer. However, the developer based upon their concerns about
re- designing the project did not sign the Agreement. In early December 2007 the City's Planning Director
at that time discovered that the document had not been signed (executed) and insisted that the Agreement
be executed immediately. This was done by the City and the developer on December 26, 2007. There are
no State laws or sections in the Development Agreement itself which regulate when an agreement must be
executed or signed.
(3) It must be pointed out that the Developer did not comply with Section 35 of the Development
Agreement which requires the developer to record the executed agreement within 20 days after the
agreement is signed by both parties (December 26, 2007). A total of 43 days elapsed before the developer
recorded the document on February 7, 2008.
Attachments:
Annual Report from developer 118109
Development Agreement
SAY
X. (Comm Items1200912- 3- 090ank Project Annual Rep CM report.doc
0-2) Bilzin Sumberg
ATTORNEYS AT, LAW
January 8, 2009
Via Hand Delivery
Mr. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Jerry B. Proctor, Esq.
7 CI 305.350.2361
1 r.ix 305.351.2250
jproctor @bilzin.com
F q ti
i JAN 1 2 2009
Re: South Miami Corporation
Property: 5750 Sunset Drive and 1 -112 blocks to the south and
southwest, City of South Miami
Annual Report of Development Agreement
Dear Mr. Balogun:
This law firm represents the owner, South Miami Corporation ( "Owner "), of the property
located at 5750 Sunset Drive and the 1 -1/2 blocks to the south and southwest, South Miami,
Florida ( "Property ").
The Owner and the City of South Miami ( "City ") entered into a Development Agreement
( "Agreement') related to the development of the Property. The Development Agreement, a
copy of which is attached as Exhibit "A ", was approved by the City Commission and was
recorded in the Public Records on February 7, 2008. In accordance with Section 27 of the
Agreement, the Owner is required to submit an Annual Report to the City. Please accept this
correspondence as the Annual Report.
1. Use of Property. The Owner received approval by the City Commission in 2005 (the
"2005 Application ") for a mixed use development consisting of retail and office space
and residential units at a maximum building height of 56 feet. The terms for approval are
described in the Development Agreement, and remain in full force and effect.
Development of the Property under the approved plans has not commenced since the
recordation of the Development Agreement.
2. Future Use of Property: The Owner applied to the City in August, 2008 for an
amendment to the Development Agreement (the "2008 Zoning Application ") to permit
the review and approval of revised plans for the Property, and to permit "Special
Exceptions" regarding the amount of lot coverage by buildings on the Property and the
number of proposed drive - through bank teller windows. The Zoning Application is
attached hereto as Exhibit "B ". The Zoning Application was approved by the Planning
Board on October 28, 2008 and awaits final action by the City Commission.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
MIAMI 1721319.1 7681329325
1/9/09
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
Page 2
January 8, 2009
3. Commitments: The Owner intends to comply with all permitting and infrastructure
requirements enumerated in the Development Agreement.
4. Compliance: The 2005 Application and the 2008 Zoning Application meet all
concurrency requirements, pursuant to Section 6 of the Development Agreement, and
are consistent with the City of South Miami Comprehensive Plan, pursuant to Section 9
of the Development Agreement.
5. Assignment: The Owner has not assigned the Development Agreement to another
entity and is in compliance with Section 15 of the Development Agreement.
6. Owner's Representations. The Owner affirms the representations made to the City
in Section 24 of the Development Agreement.
In summary and as documented above, the Owner is diligently pursuing development of
the Property and has met or commits to satisfying all of the obligations set forth in the
Agreement.
Thank you for your attention to this matter and please do not hesitate to contact me if
you have any questions or require any additional information.
Sincerely,,,[
Jer B. Proctor
JBP:id
cc: Sandy Youkilis, Acting Planning Director
Luis Figueredo, Esq., City Attorney
Arnie Piechocki
Allen Eagleson
Allison Schmitt
MIAMI 1721319.1 7681329325 2
118/09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
l ei `k %"1,l3lIII1 11�1112"j101iiR1011 f�14 9 0 '11
OR Sk 26203 Fes 1380 - 1401; (22ass)
RECORDED 02/07/2008 10:53 :06
HARVEY RUVIN? CLERK OF COURT
MIAMI -DADE COUNTY► FLORIDA
DEVELOPMENT AGREEAMNT
BETWEEN
THE CITY OF SOUTH XIAMIf FLORIDA
AND SOUTH MIAMI CORPORATION
THIS DEVYLOP)OM AGREEMENT ( "Agreement ") is made as of
sse! t _pg6 June 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 fen (10) _yea =s to insure that the
_��__- -
effect at the time ofgt�e execution of the development
agreement shall govern the development of the land for the
duration of the agreement; and
- y — - — -
ou - -
Ni3EREh$ -, the -cite commission - -of° "the Cit - -of S
Miami has adopted Ordinance No. 05 -05 -1821 which implements
the Act and permits the consideration and the adoption of
this agreement; and _... -_...
wgEREAs, the Company owns approximately 4.5t/- acres,
=zoned HD -OV, described in Exhibit "B," (the "Property");
and
wHEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C," (the "Project ") in the
-- - - - - -- -me: rowh� st et= 0rrerl p one=w th n
Miami.
Page 1 of 17
EXHIBIT "A'1
.0%141
Book26203 /Page1380 CFN #20080104490 Page 1 of 22
al
NOW, THEREFORE, 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 20.1.30 and 20-
5.14-of the City Land Development Code (the "LDC ") attached
hereto as Exhibit
3. Effective Dato; 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
r 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
i
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:
• Phase I shall consist of Blocks "A" and "B"
described in Exhibit "C ".
• Phase II shall consist of Block "c" described
in Exhibit "C ".
• The Corpany MAy elect to imp Iamant - the
development plan in one phase.
• The Co=pany may elect to utilize Block "C" as a
temporary bank facility with drive-through lanes
(not to "coed four lanes) which facility shall
- _- __be.- _reAOoved n_ the - isaua.nce of the Certificate
of Occupancy for the Bank 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.
Sery =nq ,the _Project. In order to
enhance public facilities in the City of South Miami, the
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�Mok.j
Book26203 /Page1382 CFN##20080104490 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 t able be khe
to donate $232,000 in
- one -lump eum-as its - responsibility for meeting
park and recreation concurrency. Payment shall
be made on or before receipt of the first
building permit and shall include 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.
Book26203 /Page1383
0
Page 4 of 17
C FN #20080104490
I#t- It/17107
Page 4 of 22
(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— C- i- t- y-- .a•ckno.wl- e.dges... -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 Compreh -ens ve = _P-;lazr-= and"Larn:d �= D-evehpment
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
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Book26203 /Page1384 CFN #20080104490 Page 5 of 22
excess parking within the site. Retail and
restaurant parking shall be marked and signed.
S. Development 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
-
--
an- op6 :ia iona:l= p1- an., =wh ad3a.esses eo zrvction
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
k1111(c,
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Book26203 /Page1385 C'FN #20080104490 Page 6 of 22
M
adjacent to the Property which it occupies or
uses during the construction period.
h) The Company shall donate to a city trust. fund
$90,000.00 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 Comprehensive
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
st�mt
with the "Mixed -Use Commercial /Residential (Four Story)"
designation on the future land use map, and the HD -OV
zoning- district on the CS-fficial Zeni`ng' =Atlas -of 'the C.t o
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
exi..s:tence -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
N-M a t l
Page 7 of 17
Book26203 /Page1386 CFN #20080104490 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 Restrictions 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--mkt-h— the law governing said permitting
requiremen - '�n�r�ns;- %— or— r -estr- fictions, - - = --
12. Duration of Permits. The Company acknowledges that
this .:agreeme_nt does not _extend- thQdurato_nY of_ permits -
or approvals.
13. Law Governing Development of the property. The
ordinances, policies _p
_Kqcedures 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 8 of 17
/�,`I 1,11,
Book26203 /Page1387 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
:.:..... -_ - _.__._ ._ _... _.. - with the
following the receipt of such Notice to Terminate,
exception of monetary breaches which shall be-cure i4M
thirty (30) after receipt of notice.
Aeai-grlmnt -. -- -This-- Devel-- opment Agr- eement -= -ma -y 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. Work Force. The Comzpany _:agrees to use its best
efforts to enhance job opportunities for local citizens in
connection with the project. To that end and in order to
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Book26203IPage1388 CFN #20080104490 Page 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.Proparation. 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.
18. Binding Effect. The. burdens of this agreement
shall_ be binding upon, and the .benefits of this,.,a_g:reement
n 11,_ezP_ t-. to- .the parties
of this agreement.
1- 9-:= L- aptio. n, s-= and-- He. adi- ngs_:-- P- a- r_a:gx:aph_- .hea.dings: - =a.re . -.for
convenience only and shall not be used to construe or
interpret this agreement.
20. Applicable Laws,, Jurisdiction, and Vanua. 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 litiqation
pertaining to the subject matter hereof shall be
exclusively' -in- Miami =Dade County Florida. -- -
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Book2620.3 /Page1389 CFN #20080104490 Page 10 of 22
21. Enforcement. 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
- - -`T- �Ct o f ` - °`5o u tJti Mimi ; o- r—i,Cs -`a ger°�-s —zlv ly —a u t h-o� �ze d,- -•h -av e
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
wtTi app ica`"Ie"Taws- ` "incud3ng -u` nbt— limited' to''buil-ding
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��e_- .Pr.ope.r.ty.._._failing to. - comply with this Development
Agreement, and refuse any inspections or grant any
approvals, with regard to that portion of the Property
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pt,, - 1 *1
Book26203 /Page1390 CFN #20080104490 Page 11 of 22
until such time this Development Agreement is complied
with.
24.. Representations 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 .- p- roceedings
__....._ - Pending= o�eiae�dant:__o eg
Company before any court or governmental agency
that would in any material way affect Company's
-- — —
abi ity to- perform 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
_.. _.__—_ -- . — __..requ.ired _.under...- this._Ag.z_eement.
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J
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 modifi -ed- except -by written -- instr- ument.- No- waiver
re�e_aen�; but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
- 2especttb= any -= other = °then— ex= isung - =or s= ubsequent-- breach
thereof.
27. Annual ,Report and Review. It shall be the
_. _. ____- .-- responsbi= l- i= t= y = =o -f= the = 'Company= tobmt =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 leas30 .- days._ prior . _to.._the_an.nual
review date. This report shall contain a section -by- section
listing of what obligations have been met and the date
Book26203 /Page1392
Page 13 of 17
CFN #20080104490
Page 13.of 22
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.
28. Notic *6. 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- ; __
Planning and
Community
Development
Department
City of South
Miami
-- - 6130 Sunset
_Drive
_:.
South Miami,
Florida 3319
For the CoMpany: South Miami Corporation
Attn: Donald F. Hunter,
And Wade R. Wacholz, 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
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WIA'1�
Book26203 /Page1393 CFN #20080104490 Page 14 of 22
29. Exhibits. All exhibits attached hereto contain
additional terms of this agreement and are incorporated
herein by reference.
30. Amendment. 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 stiuulates -that �o -- P ee�ae: = - -" _= azay - -= �••ma _es -�_nAt
contained in this Agreement, and the Exhibits, shall be
admitted into evidence on. its behalf. This Agreement shall
not be,.._. s.upplement.ed,._._ amen ded_ or_ - mod :f_i,ed--by-- .an- y_- _:c.ou -r =se- 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
Book26203 /Page1394 GFN #20080104490
Jjr„ %jjjj4
Page 15 of 22
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 R.igbt -of -Way. 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 Tfuture 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).
A-11,I111�
Page 16 of 17
Book262031Page1395 CFN #20080104490 Page 16 of 22
PASSED AND DULY ADOPTED by the City, commission of the
Cit y of South Miami, Florida, this. day o 200
boa
9TYtCLERK EST: APPROVED:
J YOR
t
t4 4-A i �n 2nd e-2' d 12 G L) U
READ AND APPROVD AS TO FORM:
C TT '
G U4e, �Iday AGREED TO this of mare)% Ono, 200/--
Witnesses:' SOUTH MIAMI CORPORATION
4oYe President 1
Print Name �2 ��K WQ-A
Print Name �-i nn W �A E
- -STATE OF DA S `0 n+o+ 5 )
)
COUNTY OF MlihMf ^T BE C0oK )
The foregoing instrument was acknowledged before me this
a(, day of 20075��by W. RoGkWfLL V✓i� who is
pees pally known to me or who produced
as identification, on behalf
of the corporation.
CYNTHIA E. KRCH
OFFICIAL SEAL 1+jnj'j
my commission expires: Notary Public, Stale of Iilinok t
My Commission En*es
tjtZ 4, 2011
lit
Page 17 of 17
Book26203 /Page1396 CFN #200$0104490 Page 17 of 22
ORDINANCE NO.
05 -05 -1827
a
a
EXHIBIT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIANII, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3221, FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL
INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND
THE FOLLOWING USES: 108 MULTI - FAMILY. RESIDENTIAL UNITS,
RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING
GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53
THRU 66 INCLUSWE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF
NIL Nn -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING.
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 2005 the South Miami Corporation is requesting approval -of a Development
Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" which will include
a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally
at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east
50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in plat book
3 at page 198 of the public records of Miami -Dade County; and
WHEREAS, the City Commission atits March 1; 2005 meeting adopted a resolution allowing
two special exceptions and adopted a special use resolution permitting the location of four restaurants in.
the unified development; and
-=V4�REA,S, the - Florida= Local - Government- Deve]opment.Agreement Act, set forth in sections
163.3220 - 163.3243, Florida Statutes, provides for the execution of development agreements to insure that
the law and regulations in effect at the time of the execution of the development agreement shall govern
the development of the land for the duration of the agreement; and
WHEREAS, the South Miami Corporation has proposed the execution of a development
agreement with the City of South Miami. pertaining to the mixed use project entitled "Project Sunset'
which agreement would set forth all of the conditions and commitments required by the City resulting
from the approval of the special exception and special use requests; and
WHEREAS, the Planning Board at a meeting on February 22, 2005 after a public hearing,
adopted a motion by a vote of 4 aye 1 nay recommending approval of the proposed Development
Agreement subject to specific revisions and conditions, which have been included in the draft agreement;
and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAIVA FLORIDA
Section 1 That a Development Agreement, attached as Exhibit "A" as amended during the
March 15 2005 public hearing, and dated March 15, 2005 between the City
of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed
Book26203 /Page1397 CFN #20080104490
Page 18 of 22
Ord. No. 05 -05 -1827
2
unified development to be called "Project Sunset" which will include n .total of 108 dwelling units and
87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally
described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W.
A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public
records of Miami -Dade County is approved.
Section 2 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 portions of this ordinance. .
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
bereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this j S day of ?7444,e�, 2005
ATTEST: APPROVED: �_�Oco�
( ze
Cc�
CLERK
1°`_Readix —3 /
2'd eading- 3/15/05 -
CONPMSION VOTE: 4-1
AW APPROVED AS TO FORM: Mayor Russell: Yea
-_ __...Vice-Mayor - Palmer: .__ Yea
Comrmss�oner Wiscombe: Yea
Commissioner Birts- Cooper: Yea
CITY ATTORNEY Commissioner Sherar Nay
achment: Exlubit "A "Development Agreement .
E: \Comm Items\2005\3- 1- 050evelopment Agreement Bank Ord.doc
Book26203 /Page1398 . CFN #20080104490 Page 19 of 22
• EXHIBIT
C
ORDINANCE NO. 18 -05 -1 840
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
NIIANII, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART
OF ORDINANCE NO. 05-05 -1827 WHICH APPIRINOO AHE DEV ECOTPMT E AGREEMENT
FOR A UNIFIED DEVELOPMENT PROJECT
GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40
THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS.51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
E I Y;PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIANII- THE
PURPOSE OF THE AMENDMENT UT S PARK AND OPEN SP ADMINISTRATION O C�ENCY
PROVIDE A SPECIFIC AM
PAYMENT TO- THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE
FHA -SING OF THE DEVELOPMENT; AND RO�IN PROVIDING FOR DATE 'PROVIDING FOR
ORDINANCES IN CONFLICT;
WHEREAS, the City Commission at its March 1, 2005 special meeting approved special
exceptions to permit "Project Sunset", a unified mixed use development consisting of residential, office
and retail uses generally located at 5750 Sunset Drive; and
WHEREAS, the City Commission at its March 15, 2005 meeting adopted Ordinance No. 05-
05 -1827 approving a Development Agreement between the City and the developer, the South Miami
Corporation for Project Sunset; and - -, -- -
-- -- -
_....... _- , ec p
WHEREAS, Section 4 of the Develo meni -A- Bement entitled -"iJse of Property" -sets- o a
phasing schedule for the development of the project; and
WHEREAS, the Administration has now negotiated an amended phasing schedule which should
reduce the imp eofthe deve-lopment-prograin-on trafDc- traffic in a areas. an -
WHEREAS, Section 5 (b) of the Development Agreement entitled `Public Facilities Serving the
Project" provides a formula for determining the amount and timing of a park and open space concurrency
payment to be made by the developer to the City; and
WHEREAS, the Administration has now negotiated a specific amount and revised timing o e
park and open space concurrency payment to be made by the developer to the City; and
WEM,REAS, the Planning Board at a special meeting its May 10, 2005 meeting after a public
hearing, adopted a motion by a vote of 5 aye 0 nay recommending approval of the proposed amendment
to the Development Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COME ISSION OF THE CITY OF SOUTH MIAIVII, FLORIDA:
y Section 1 That Section 4 entitled "Use of Property" of the Development Agreement between the City
and the South Miami Corporation for Project Sunset adopted by Ordinance No. 05 -05 -1827 at the March
15, 2005 City Commission meeting, is hereby amended to read:
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
Book262.031Page1399 CFN #20080104490 Page 20 of 22
drd. No.
1
2
3
4
6
7
9
10
11
12
13
14
15
16
17
18
19
18 -05 -1840 2
not to exceed 108 dwelling units on approximately 4.5 +/- acres. The project will include
"chamfered" comers 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 W#@ phases as follows:
• Phase I shall consist of Blocks "A" and 9G9 "B" described in Exhibit "C".
• Phase Il shall consist of Block 913M "C" described in Exhibit "C ".
• The Companv may elect to implement the development plan in one
phase
• The Company may elect to utilize Block "C" as a temporary bank
facility With drive - through lanes (not to exceed four lanes) which
facility shall be removed upon the issuance of the Certificate of
Occupancv for the Bank 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 "C ")
20 including elevations, architectural features and estimated commercial square footage
21 pursuant to Section 20.1-7, of the LDC." .
22
23 Section -2 That Section 5(b) entitled "Public Facilities Serving the Project' of the Development
24 fAgL ziLbetween,the City and the South Miami Corporation for Project Sunset adopted by Ordinance
25 No5�3='I' 827 - -at the Iviarcb ] 5 -7005 City Commissi n m h i`eby ri n8 din lead — -
26
27 5. "Public Facilities Serving the Project
28 -
30 b) Parks and Recreation
31 Based on the projected residential population on the Property, Company agrees
32 pFeaoids .9 EwFes of" the La 4h@
33 "
on the fiver-8 c `8 r
34 - -
35 oR olipitR4 iFAPF9.W W r Iff _Avad F.88f;8B4iqR fee-Aitim -;-R- 1;48 Gk�—:R_ P, A-4; be Made
36
37 t4RWA ��� 1� ^ - - -�-* to donate 5232,000 in one lump sum as its responsibility for
38 meeting park and recreation concurrence Pavment shall be made on or before receipt of
39 the first building permit and shall include any interest or carrying cost incurred by the
40 City until receipt of the payment."
41
42
43 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
44 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
45 remaining portions of this ordinance.
46
47 Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
48 hereby repealed.
49
Book26203 /Page1400 CFN #20080104490 Page 21 of 22
T4 Ord. No. 18-05-1840
rl
Section 5 This ordinance shall be effective immediately after the adoption hereof.
M ' A
0
NW PASSED AND ADOPTED this day of 2005
ATTEST: APPROVED:
IL
CITY CLERK
I" Reading- 6/7/05
2'd Reading - 6/14/05
READ VED AS TO FORM:
ATTORNEY
3
coNn,,GSSION VOTE:
4-0
Mayor Russell:
Yea
Vice Mayor Palmer:
absent
Commissioner Wiscombe:
Yea
Commissioner Birts-Cooper:
Yea
Commissioner Sberw
Yea
New wording underlined; wording to be removed indicated by strikethrough
\\MCr,p,UFiVLAm,nNG\commlit= 2005\6-7-050evric)pmenl Agreement Project Sunset Ord-doe
Book26203/Page1401 CFN#20080104490 Page 22 of 22
t C4 B Mn Sumbei g
ATTORNEYS AT LAW
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
August. 11, 2008
Hand Delivery
Mr. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Tax Folio Nos.: 09- 4034 - 022 -0060, 09- 4036 -022 -0310, 09- 4036 -022-
0300, 09- 4036- 022 -0320, 09- 4036- 022 -0290, 09- 4036- 022 -0330, 09-
4036- 022 -0430, 09- 4036- 022 -0440, 09- 4036- 022 -0450, 09- 4036 -022-
0410, 09- 4036- 022 -0420
-addresses: -5750 Sunset Drive, 5795 SW 73 Street, 7320 SW 57 Court, -
and 5791 SW 74 Street
Application for Amendment to Development Agreement
Dear Mr. Bato- gun: - =T -- _— — -- - --
Our firm represents the South Miami Corporation, fee' simple owner of
approximately 4.5 +/- acres of land in Downtown South Miami (the "Property "). The
Property consists of approximately one -half block on the south side of Sunset Drive,
west of SW 57 Court, an entire- block between SW 73-,-Street and SW 74 Street and
between SW 57 Court and SW 58 Avenue, and an area of approximately one -half block
in size located west of SW 58 Avenue, north of SW 74 Street. The Property was
approved for a mixed -use development by the City Commission in 2005, consisting of
108 residential units, 13,820 square feet of restaurant floor area, 23,559 square feet of
retail floor area, 17,713 square feet of bank area and 32,120 square feet of office floor
area. Approvals by the City in 2005 consisted of:
- — 1 �peclaY Excep Ion o -- ome own Over ay D`I`strIct require e s hermit 72 29%
lot coverage (60% permitted).
2. Special Exception of Hometown Overlay District requirement to permit four lanes
of drive - through tellers (two lanes permitted).
3. Special Use to permit four (4) general restaurants.
MIAMI 1510337.5 7681329325 EXHIBIT "B"
8/13/08
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
August 11, 2008
Page 2
4. Ordinance approving a Development Agreement for the project, pursuant to
Section 163.3221, F.S.
South Miami Corporation (the "Applicants ") hereby requests modification of the
Development Agreement, as recorded in Official Records Book 26203 at Pages 1380-
1401 of the Public Records of Miami -Dade County. Proposed modifications consist of:
1. FROM: 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 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:
• Phase I shall consists of Blocks "A" and "B" described in Exhibit "C ".
• Phase II shall consist of Block "C" described in Exhibit "C ".
• The Company may elect to implement the development plan in one phase.
• The Company may elect to utilize Block "C" as a temporary bank facility with
driv_e.- through
lanes (not- -to-- exceed -four lanes)- which facility shall be removed
upon the issuance of the Certificate of Occupancy for the Bank facility on Block
"All
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.
2. TO: FROM: 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
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 phases as follows:
MIAMI 1510337.5 7681329325
8/13/08
CBILZIN SUMBERG BAENA PRICE & AXELROD LLP
August 11, 2008
Page 3
• Phase I shall consist of Block "A" described in Exhibit "C ".
• Phase II shall consist of Block "B" described in Exhibit "C ".
• Phase III shall consist of Block "C" described in Exhibit "C"
• The Company may elect to implement the development plan in one or more
phases.
• The. Company may elect to utilize Block "C" as a temporary bank facility with
drive - through lanes (not to exceed four lanes) which facility shall be removed
upon the issuance of the Certificate of Occupancy for the Bank facility on Block
and, to substitute a new Exhibit "B ". The revised plan is submitted as part of
this application.
FROM: Development Conditions: The following conditions shall apply to the
development of the project:
(a) All development shall be in accordance with the site plan submitted with
the special exception and special use applications, said site plan
incorporated in Exhibit "C ".
The attached site plans serve to amend the plan of record to the Property
and would operate as the approved plans of record in this paragraph as well.
The revised site plan reduces the overall impact of the development on the
surrounding area, while retaining the quality of designed_ envisioned in the Hometown
Plan. Particularly, the plan eliminates any restaurant uses on the Property. Since the
2005 hearing, a number of successful restaurants have opened in the vicinity of the
Property. The applicant's new development program continues to propose up to 108
residential units, but reduces the non - residential a/c space from approximately 87,000
square feet to just over 65,000 square feet with concomitant reductions in parking
demand and traffic impact on the community.
The new development plan offers complimentary uses such as residential and
office= develapr- cent -t-hat wiii -oiler- ate - harm- o- niousl- y= with--th€- r -estaur-ants=.an-d-- other-:uses
opened in the vicinity since 2005, and will not overburden roadways or other city
services, due to different peak hours of operation, and also illustrates a compatible
scale and orientation. The reduced impact of the development envisioned in this
application is underscored by the findings of the new traffic study, attached herewith, as
prepared by Richard Garcia and Associates.
MIAMI 1510337.5 7681329325
8/13/08
C-4 BILZIN SUMBERG BAENA PRICE 8, AXELROD LLP
August 11, 2008
Page 4
The proposed development follows the spirit and letter of the City's Hometown
District regulations and Comprehensive Plan requirements by:
(1) Enhancing the City's community identity and "sense of place ";
(2) Creating a developed identity that will recognize the importance of
pedestrian comfort and the pedestrian environment;
(3) Providing a mixture of uses in a vertical design that will most efficiently
use parking resources and enhance the health of the "town center' concept in the
Hometown Plan;
(4) Providing a variety of design treatments, building shapes, and roof
treatments to break up the massing of the development; and
(5) Incorporating street trees and other plantings to create a pleasant
pedestrian
Areas on which the development plans meet or exceed Hometown District
standards include:
:The:- project complies with--the- mixed =use- standards required for the district,
incorporating retail, office and residential uses that create a sustainable urban pattern.
2. The project utilizes "genuine" materials presented in a straightforward and
functional manner.
--
3. There area variety of different housing types and sizes to suitab a to a
wider range of buyers and lifestyles.
4. The car is "disciplined" into working with the pedestrian nature of the
project without eliminating its presence.
5. The project incorporates numerous setbacks, differing building heights
and breaks, a variety of roof shapes to break up the massing of the development and
the - incorporation -of street trees- and - plantings help -to- create a pleasant pedestrian scale
and environment.
6. The project is below the maximum Floor Area Ratio of 1.6
7. The project has arcaded walkways at all commercial and retail frontages.
MIAMI 1510337.5 7681329325
8/13/08
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Ii!
August 11, 2008
Page 5
8. The parking is concealed entirely within the building and not visible from
the street.
9. The buildings respect and respond to the neighboring properties.
10. The project creates an opportunity to create a real "main street" identity to
the city center with a portion of SW 73rd Street having the ability to be closed for street
fairs and events.
11. Where residential units are located on the ground floor, the first floor is
raised above grade, screened by landscape buffers and separated by stone retaining
walls and railings.
Thank you for your consideration of this application.
Sincerely,
Jerry Proctor
JPB: rm
cc: Ricardo Soto - Lopez, Planning Director, City of South Miami
Luis Figueredo, Esq., City Attorney, City of South Miami
T. Allen Eagleson
Arnie Piechocki
Richard Garcia
Allison Schmitt
MIAMI 1510337.5 7681329325
8/13/08
CBILZIN SUMBERG BAENA PRICE & AXELROD LLP
City of South Miami
Planning & Zoning, Department
City Hall, 6130 Sunset Drive, South Miami,: Florida .33143
Telephone: (305):663- 6326;. Fax: (.305).666-4591:
Application for Public Hearing. Before Planning Board :& City, Commission
of Su
resentative: Jerry ti. Proctor, t=sq,
ress: 200 So. Biscayne Blvd., Suite 2500.
Miami, 171.33131
Mailing Address c/o Jerry B. Proctor, Lsq.
Address:.:200 So'. Biscayne Blvd., Suite 2500
Miami:, FI 33131
Block
.PB
S Axelrod LLP
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
X. Owner. Owner's Representative Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLUMNU
PLEASE CHECK THE APPROPRIATE .ITEM:
_Text Amendment to LDC _ Variance
Zoning Map Amendment. — Special Use
'— PUD Approval Special Exception
PUD Major Change X Other
application and cite specific Code
of Development Agreement.
Section: Subsection: Page #: Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
X Letter of intent
_ Justifications for change
_ Statement of hardship
X Proof of ownership or letter from owner
!_X_ Power of attorney
Contract to purchase
aX _ Current survey (1 original sealed and
signed /1 reduced copy @ '11" x 17 ")
X_ 15 copies of Site Plan and Floor Plans
reduced copy (d3 11" x 17"
X 20% Property owner signatures
X _ Mailing labels (3 sets) and map
X _ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are
true and correct to he best of the applicant's knowledge and belief.
6/26/08
Applicant's Signature and ti Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code
and other applicable registrations. Applications found not in compliance will be rejected and returned to the applicant.
Date Filed
Petition Required
MIAMI 1565230.1 7681329325
6/18/08 10:59 AM
Date of PB Hearing Date of Commission
Petition Accepted
L!ti ��ag
May 29,2G08
Sandy. YoukHS Acting Planning Director
City of South Miami
6130 Sunset Drive
South'Miarni, Florida 33143
Re.- Applica. fion.forAmendment of a Development Agreement
Dear M � Youklis:.
- -1 1, W. Rockwell Wirtz, as President of South Miami: Corporation, hereby attestsahat South
Miami Corporation owns the property described in Exhibit "A ", and designate Jsrry B_. Proctor.-:of
the law firm Bilzin Sumberci Baena Price 8 Axelrod `LLB to represent South Miami Corporation
in the application for public hearing for the property described on Exhibit "A ", located in the City
of South Miami.
\v-
�-- 1 6/26108
W. Rockwell Wirtz, as Zsident of Date
SOUTH MIAMI CORPORATION
STATE OF Illinois )
) SS:
COUNTY OF Cook
The foregoing instrument was acknowledged before me this 26th June
day of
2008, by W. Rockwell Wirtz, as President of South Miami Corporation, a Florida corporation, on
behalf of said corporation. 111inois driver's license
He /She is personally known to me or has produced a State of
as identification.
Sign Name:
Print Name: Cynthia E. Ric
My Commission Expires: 84%20.11
NOTARY PUBLIC
Serial No. (none, if blank):
[NOTARY SEAL)
CYNTHIA E. KRCH
OFFICIAL SEAL Sincerely,
Notary Public, State of mnob
r My commisom. Expires
u« August 4, 2011
MIAMI 1565225..1 7681329325
6L18Jb$
I
C—.4 B Mn 5umberg
ATTORNEYS AT LAW
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
January 28, 2009
Mr. -W. Ajibola Balogun, REM, CFEA
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Applications to Amend Development Agreement and Obtain
"Special Exception" Approval
Applicant: South Miami Corporation
Property: 5750 Sunset Drive and adjacent blocks to South and Southwest, City
of South Miami
Dear-Mr. Balogun:
Our firm represents South Miami Corporation (the "Applicant') in the pending zoning
applications to amend a 2005 approved Development Agreement and obtain "special exception"
approval for a mixed -use development in the City. These applications were automatically
deferred by the City Commission on December 2, 2008 to allow time for the City to hold a
special election and have a full complement of Commissioners.
This application proposes a significant project for the downtown area. In the past, we
have found that projects of this nature are considered in a most deliberate and acceptable
manner when they are placed on a special agenda without any other City business. This
relieves time pressure on all presenters and citizens, and facilitates the public participation
process.
We have identified the evening of Thursday, February 26, 2009 as a possible date for a
special hearing to consider these matters only. I would appreciate your help in canvassing the
Commission and taking other necessary steps to procure this hearing date. If the date is not
acceptable, we will work with you to find a more acceptable solution.
MIAMI 173345 6.1 7681329325
1/28/09 11:13 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7560 Fax 305.374.7593 www.bilzin.com
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January 27, 2009
Page 2
Thank you for your consideration.
Sincerely,
Jerry . Proctor
JBP: id
cc:. Sandy Youkilis, Acting Planning Director, City of South Miami
T. Allen Eagleson
Arnie Piechocki
Allison Schmitt
Alexandra Deas, Esq.
MIAMI 1733456.1 7681329325
1/28/09 11:13 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP