02-17-09 Item 131
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA REVOKING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATUTE SECTOPM 163.3225, FOR A UNIFIED
DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT SUNSET" AND
NOW IDENTIFIED AS THE "FIRST ON SUNSET " PROJECT WHICH INCLUDES
THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT WITH A NON-
RESIDENTIAL FLOOR AREA RATIO OF .45 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 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Florida Local Government Development 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, in 2005 the South Miami Corporation requested approval of a Development
Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" and now identified
as the "First on Sunset" project, 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 at its March 15, 2005 meeting adopted Ordinance No.05 -05-
1827, which approved a Development Agreement for "Project Sunset;" and,
. WHEREAS, the Development Agreement was executed by the City of South Miami and the
South Miami Corporation on December 26, 2007; and,
WHEREAS, Section 35 of the Development Agreement requires the applicant within 20 days
after signing to file the Agreement in the registry of deeds in Miami -Dade County; and,
WHEREAS, the applicant on February 7, 2009 did file the Development Agreement in the
registry of deeds in Miami -Dade County; and,
WHEREAS, pursuant to Section 27 of the Development Agreement the applicant on January 8,
2009 filed with the City a required annual report; and,
WHEREAS, the annual report was reviewed by the City Commission at its February 3, 2009
meeting at which time the Commission adopted a motion to revoke and terminate the existing
Development Agreement as approved by Ordinance No.05 -05 -1827 on March 15, 2005; and,
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N
WHEREAS, Florida Statute Section 163.3225 (1) requires that a local government conduct two
public hearings before revoking a development agreement; and,
WHEREAS, all of the requirements for notice of the public hearings as set forth in Florida
Statute Section 163.3225 (2)(a)(b) have been implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That a Development Agreement, attached and incorporated by reference into this Ordinance as
Exhibit "A," dated February 7, 2007 , between the City of South Miami and the South Miami
Corporation pertaining to a 4.5 acre proposed unified development project as legally described above
and previously known as "Project Sunset" and now identified as the "First on Sunset" Project is hereby
revoked and terminated.
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
hereby repealed.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
15` Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of 52009
Attachment: Exhibit "A" Development Agreement
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
� '` ''! 11l11111l11 !1111 11111 II11! 111111111111111111
GFM 2008R0104490
OR Bk 26203 Fss 1380 - 1401; (22v3s)
RECORDED 02/07/2008 10:53 :06
HARVEY RUVIN► CLERK OF COURT
MIAMI -DADE CDUNTYY FLORIDA
DEyyI,OF%rrNT AGREP.MENT
BETWEEN
THE CITY OF SOUTH NIAMI f FLORIDA
AND SOUTH MIAM CORPORATION
THIS DEVYLOFIMW AGREEMENT (•`Agreement ) is made as of
4 2005 b and between THE CITY OF
Mall 4. �b Junes 1 Y '
SOUTH MIAMI, FLORIDA.a municipal corporation ( "City ") and
SOUTH MIAMI CORPORATION ( "Company ") or its assignee.
RECITAL
WHEREJ►s, 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 —
- - -- —. ---• -- -. --
- ears to 'insure that the lari - "in
term not to exceed ten (10) y --
effect at the time o t e execution o� fhe development
agreement shall govern the development of the land for the
duration of the agreement; and ___..._..
commission of "fine City ofTSouth- - - -- - -
Miami has adopted Ordinance No. 05 -05 -1827 which implements
the Act and permits the consideration and the adoption of
this agreement; and _.._..
-- - = =--- - - - - roximately 4.5+/
--acres,
wHERFAS, the Company owns app
-zoned HD -OV, described in Exhibit -B," (the "Property ");
and
WSEREAS, the Company desires to construct a mixed use
development encompassing retail, office and residential
components described in Exhibit "C," (the "Project ") in the
- • — _ -
Miami.
Page 1 of 17
EXHIBIT "A"
Q�„t�F�n`� /Paae1380 CFN #20080104490
Page 1 of 22
d�
p�, 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 20.7.30 and 20-
5.14-of the City Land Development Code (the "LDC ") attached
hereto as Exhibit "D".
3. Effective Date; Durations 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
from the effective date of this
shall terminate ten years
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.
y. 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
Book262031Page1381
Page 2 of �I
CFN #20080104490
�,'J nl4
Page 2 of 22
:j
approximately 4.5 t/- acres. The project will include
"chamfered" corners where it abuts roadway intersections
„
pursuant to Exhibit C The occupied sp ace 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
described in Exhibit
• Phase II shall consist of Block," "c" described
in Exhibit "C ".
• The C z0a r elect to Imap.L emailL ---
plan in one phase.
ma r elect to utilize Block "C" as a
tamposary bank facility with drive - through
lanes
(not to axc"d four lanes)
acility s
which fhall
d n_ the iaeva.nce . of the certificate
of occupancy for the Bank facility on Block �►
The overall development of the property shall be
conducted in accordance with the approved site plan on file
a -t- 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,_publ c_Fa:cilities Serving tho project. In order to
enhance public facilities in the City of South Miami, the
Page 3 of 17
Rnr v9r-,9 m/Paae1382 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
ek
to donate $232,000 in
-- . - - -. - oneBnm as its .•responsibility for meeting
ark and recreation concurren . pmvnant shell
be made on or before receipt of th• first
building permit and shall include any interest
until
or carrying cost incurred by the City
recei t of the a nt."
(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 17 J &-,y',Ir��
rn CFN #20080104490 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
ies the concurrency requirements, as
Agreement satisf
delineated in Section 20 -9.1, City Code. By execution of
this Agreement -, -- the —C t- y-- •ackno:wl- edges. -tha -t - :the - -- application
c currency regulations
-for site plan approva meets a on
enumerated in Section 20 -4.1 of the City Code, and that the
site plan application and this Agreement are consistent
.. m, ..r.e_hen.s ve: P - _a:n_— arid= 'I;a:nd— 'eye pinent
with-` -the Cd-t -Y—
op
Regulations.
7. psrm-its. 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 p ermit to permit up to four
4 restaurants with a maximum total of 13,820+/ -
square feet with parking to be supplied from any
Page 5 of 17
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 app y
1 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�oper�t .onal_glah= ._ddese_sn�nz__ lon
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
o„r,���- �n� /PanP1385 CFN #20080104490 Page 6 ofi 22
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.
g, Consistency with City of South Miami comprehensive
Plan and Land Development RAgu
latiorie. 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
- '
-project, a, - mixed- -- use r-e-sident- al, . office
regulations: The .
_
i e t i7°�e ve memt ; - a_ a ert°�oYt ► ereg�n %� ent
with the Mixed -Use Commercial /Residential (Four Story)"
designation on the future land use map, and the HD -OV
-- - -
it Of
strict�'on the'�5`ffical �` otii -n-�- �:t-1'a's-=of��he"'C
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
_ _ - - . 52 of
defined in Article VII, sections 20 -7.1 through 20 -7
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- stence - 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
/Panpv.in CFN #20080104490
v'lati- 1
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- = -°-wi t-h -- the law governing said permitting
regviremen �sn3-ction -s
----
12. Duration of Permits. The Company acknowledges that
K _ ... , . n-v a rmi
- -°- -- - this. agreement ^does not�extendT= the= du= r- ;a�.o- n— o -f —an- p:. �. :_. S-
or approvals.
13. Law Governing Development of the Property. The
ordinances, policies ,and procedures of the City of ,a 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
1111Iq
Mr,,,lr'7F,'3)n'VPanP-1387 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" l beach 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
intention to declare a breach and to
the other party of its
and
terminate this Agreement (the Notice to Terminate ")
the breaching party
thereafter fails to cure or take steps
to substantially cure the breach within sixty (60) days
...
- - - - - - - ...... _..._ ith the
following the receipt of such Notice to Terming , w
__
exception of monetary breaches whic sha l be - cure wi't�iin
thirty (30) after receipt of notice.
- �: 5° �-- Aani- gr +me- nt=-- Th�s-•--Dewelopment Agr "eement--- 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, assicjns, 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. �_ork Force. The _Coa!__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
Page 9 of 17
A0111111
n-- 1, n';Z /PanI=1'M 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 ,..ag.reement
� — ciiC�'c_corcn - -i nQSx :Q- .the parties
-- x, --
of this agreement.
_ -- = Gn_pfion- e--_ =znd__Hea.dings__ _- aragraph:__he.a.dings. axe . -.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 P'lol ri I.,
Rnnk26203 /Paae1389 CFN 420080104490 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
the right to enter, inspect and investigate all activities
on the premises to determine whether the Property complies
"with app ica �7e la`w`s "inc3ud "ing b—T'- -`7 imite'd" to -'building
and zoning regulations and the conditions herein.
23. Authorization to Withhold.Permite and Inspections.
In the event the -- Company , -" is--- o-blrgated---to-- make--p-ayments 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, tthe_Psope.rt,y. -- 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
h- ` Itilml
Qr,,,lr`�F�n�lPane1390 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.
are._ no -actions, ....suits. -or .- p- zo.ce.edings
nwt�.o e i g
Company before any court or governmental agency
that would in any material way affect Company's
a i ty to per orm 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
_requi red_.urade.r- -this_- Agr-e.ement.
Page 12 of 17��1�1�1
Rnnk7iin:3 /Paoe1391 CFN #20080104490 Page 12 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,
-- al- tered or modifi -ed - except by written - instr- ument.- No- waiver
—c# = a► +reshel3a:ft�=- or— �l�re-th>'sgx Beane =but
each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with
�esPecttoany= other = then —ex= fisting== ' -oi-- subsequent - breach
thereof.
27. Annual ,Report and Review. It shall be the
=of= tie= C_ompan= ovbmt�an= annual --r -sport 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 _ atleast 30 . days __pri_or___.to_ -the annual
review date. This report shall contain a section -by- section
listing of what obligations have been met and the date
Q „L, -) F�)n� /Pane1392
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*s. 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 33143
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
Page 14 of 17
k"A,Ik
'^5 Page 14 of 22
CFN #20080104490
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..-Exhibi-ts,
Pnr ,�, s_e s �- no t
and st'- ates- .._thaw s-id: .. - - -- 3 - -�-
` contained in this Agreement, and the Exhibits, shall be
admitted into evidence on, its behalf. This Agreement shall
supple merited -,:._- _amendeed =or —mod .f.i,e.d —by- a-ny— 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
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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 C_ovnty.
36. Abandonment of Rigbt -of -Way. The City agrees to
abandon the right -of -way adjacent to the property to the
buildable line. 'The Company - sha11 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 T�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).
A- `tlIlIq
Page 16 of 17
_ _
10 r, r.FN #20080104490 Page 16 of 22
pASBED 7SND DIILY ADOPTED by the cit Commission of the
200
City of South Miami, Florida, this .day o EGG
A TEST: /APPROVED:
TY CLERK 1 YOR
HAP-[ endezd��
READ AND APPROOD AS TO FORM:
G TTY
AGREED TO this day of e , 200.
Witnesses:'. SOUTH MIAM CORPORATION
_. - - - --
lie President t ` LO i /��
Print Name la�zr+� �• Q�'�� �[�K tA�Q -L ` `/
Print Name 1- \i ►JT WIA E ILF_ Lo
n
---STATE
OF 4 om- p -T L n�oi S i
i
COUNTY 'OF
The foregoing instrument was acknowledged before me this
Gk(, day of DEc -L1n-S R . 2001L W RoGKwEct 11/iRTZ who is
pers nally known to me or who produced .
as identification, on behalf
of the corporation. CYNTHAE. KRCH
OFFICIAL SEAL f
My commission exp ires: otory Public. Stale of Iflnc&
My tonv- nkslon Epkes
Page 17 of 17
Book26203 /Page1396 CFN #20080104490
Page 17 of 22
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice iri the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - FEB. 17, 2009
in the XXXX Court,
was published in said newspaper in the issues of
02/06/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this pcR� se or ublication in the said
newspaper.
Sworn to and subscribed before me this
06 day �rFEBRUARY A.D. 2009
til v /1�w�tl
(SEAL)
O.V. FERBEYRE personally known to me
1tAy "Pmt NC.AhrY Public State of Florida
AP r Veronica Perez
My Cornmis6ion IDDBA771
e,.o Expires 09!03I2G12
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South!
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, February 17, 2009
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following items:
Resolution:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE -
NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE FOR THE EXPANSION. OF REAR
BEDROOMS, INSTALLATION OF SWIMMING POOL, AND
RELOCATION / RECONSTRUCTION OF WOOD DECK ON A
RESIDENCE LOCATED AT 6282 MILLER DRIVE WITHIN THE
"CAMBRIDGE LAWNS HISTORIC DISTRICT, PROVIDING AN
EFFECTIVE DATE.
Second Reading:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
AMENDING. THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, BY AMENDING CHAPTER TWO, SECTION
2 -2.9 -ENTITLED. "RESERVED" AND TO RE -TITLE THE
PROVISION TO "PROPOSED ANNUAL BUDGET - SUPPORT
DOCUMENTATION "; PROVIDING FOR CODIFICATION,
SEVERABILITY AND.AN EFFECTIVE DATE.
op First Reading:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA REVOKING A
DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA
STATE STATUE 163.3225 FOR A UNIFIED DEVELOPMENT
PROJECT -PREVIOUSLY KNOWN AS "PROJECT SUNSET"
AND NOW IDENTIFIED AS THE "FIRST ON SUNSET ".
PROJECT WHICH INCLUDES THREE BUILDINGS UP TO
FOUR (4) STORIES IN HEIGHT WITH A NON- RESIDENTIAL
FLOOR AREA RATIO OF .45 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, 40THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST
50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVI-
SION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF
MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Provided that the above item is approved on first reading at the
City Commission meeting of February 17, 2009, the .second
public hearing will be held at the City Commission meeting of
March 3.2009.
A copy of the proposed development agreement can be obtained
at the City Clerk's office at 6130 Sunset Drive in South Miami. if
you, have any further inquiries on the above items, please contact
the Planning and Zoning Department's-office at: 305 - 663 -6326
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida 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. 0/1169299M
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Your kids love you...,
wouldn't you love to have one of their
miniature masterpieces on display at the
Coconut Grove Arts Festival? {
All pieces submitted will be displayed at the
MornsMiamixom booth at the Festival, February 14 to 16.
A distinguished panel will select one work of art from:
Elementary School — Winner will receive 2 "Dolphin Encounter"
certificates for a shallow water dolphin interaction at Miami Seaquarium
Middle School — Winner will receive 2 "Dolphin Odyssey" certificates for
a deep -water dolphin interaction at Miami Seaquarium
Entries must be 8 -1/2 x 11" in paint, crayon, pen & ink,
Dolin Harbor photography or digital art. Entries must be received by
February 11 and must be mailed to: Art of Love Contest,
MIAMI SE...www t1 ., Miami Herald Marketing, One Herald Plaza, 2nd Floor,
Miami, FL 33132.
w rosmiami.clom
l% NO PURCHASE IS NECESSARY TO ENTER OR WIN. Begins
January 26, 2009 and ends February 11, 2009. Void where prohibited.
Sponsored by The Miami Herald Media Company, One Herald
Bme'r— Bl— Shicta Plaza, Miami FL 33132 -1693. For complete instructions, log on to
k 1 &i91 `rte -eda www.momsmiami.com.
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0
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearings at its regular City Commission meeting
scheduled for Tuesday, February 17, 2009 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 Sunset Drive, to consider the following items:
AA RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE
OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3)
OF THE LAND DEVELOPMENT CODE FOR THE EXPANSION OF
REAR BEDROOMS, INSTALLATION OF SWIMMING POOL, AND
RELOCATION/ RECONSTRUCTION OF WOOD DECK DNA RESIDENCE
LOCATED AT 6282 MILLER DRIVE WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT.
Second Reading Ordinance:
AN ORDINANCE RELATING TO AMENDING THE CITY OF SOUTH MIAMI
CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, SECTION
2 -2.9 ENTITLED "RESERVED" AND TO RE -TITLE THE PROVISION TO
"PROPOSED ANNUAL BUDGET — SUPPORT DOCUMENTATION ".
/'First Reading Ordinance:
AN ORDINANCE REVOKING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3225 FOR A UNIFIED
DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT
SUNSET" AND NOW IDENTIFIED AS THE "FIRST ON SUNSET"
PROJECT WHICH INCLUDES THREE BUILDINGS UP TO FOUR (4)
STORIES IN HEIGHT WITH A NON- RESIDENTIAL FLOOR AREA RATIO
OF.45ANDTHE 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 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.
Provided that the above Rem is approved on first reading at the City
Commission meeting of February 17, 2009, the second public hearing
will be held at the City Commission meeting of March 3. 2009.
A copy of the proposed development agreement can be obtained at the
City Clerk's office at 6130 Sunset Drive in South Miami. R you have any
further inquiries on the above items, please contact the Planning and
Zoning Department's office at: 305-6634326
ALL interested parties are invited to attend and will be heard.
Made M. Menendez, CMC
City Gerk
Persuaid to Fbdda Stables 286,0105, the City hereby advises the pudic that it a promise deddes to
appeal any decision made by this Board, Agency a Commission with re most to any metler considered
at he meeting or maestro, he or she win need a record of the maceinimp, and that tor such pumps¢,
affected person may coec to emphe that a vmbatim record of the pioceecogs is made which rermd
Indutles the testimony aM evidence upon which the appeal is m be based.