02-06-01................................
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THE CITY OF SOUTH MIA-Vf
MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr
VICE MAYOR: Horace G. Feliu. CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: May Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: February 6, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: February 20, 2001 Phone: (305) 663-6340
Time: 7:30 PM
City of South Miami Ordinance No. 10-00-1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City'
action. "City' action is broadly described to include
the ranking and selection of professional consultants,
and virtually all-legislative, quasi-juo,icial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) *scheduled from 7:00 p.m.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION
AGENDA _ February 6, 2001
Rn
1 Approval of Minutes
Regular City Commission Minutes - December 5, 2000
Regular City Commission Minutes December 19, 2000
Regular City Commission Minutes January 9, 2001
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN EXTENSION OF THE CITY'S FY 95, 96, 97,
98 AND 99 COMMUNITY DEVELOPMENT BLOCK" GRANT (CDBGG)
CONTRACTS UNTIL DECEMBER 31, 2001; AUTHORIZING THE CITY
MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS,;
AND PROVIDING FOR AN EFFECTIVE' DATE 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN FY 2001 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) IN THE AMOUNT', OF $155,000; AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.' 3/5
6. A_RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXTEND AN AGREEMENT WITH RECIO AND
ASSOCIATES,' INC. FOR LANDSCAPE MAINTENANCE AND LITTER
CONTROL SERVICES ALONG THE US1- MEDIAN, SUNSET DRIVE
MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED
$37,000.00 FOR THE CURRENT FISCAL YEAR, AND CHARGING
THIS AMOUNT TO ACCOUNT NUMBER 001- 2050 - 519.,3450,
"CONTRACTUAL SERVICES" 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND
COMMITTEES; APPOINTING HANNAH MCCREA AND BIANCA
CAVIGLIA TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN
FOR A TWO YEAR TERM ENDING FEBRUARY 6, 2003 OR UNTIL
SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING
AN EFFECTIVE DATE. (Mayor Robaina) 3/5
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM NOT TO EXCEED $15,312 FROM
ACCOUNT #1910 -521= 3450 (CONTRACTUAL) AND A SUM NOT TO
EXCEED $7,656 FROM ACCOUNT #615- 1910 - 521 -4400 (RENTALS
REGULAR CITY COMMISSION
AGENDA - February 6, 2001
2
& LEASES) (FEDERAL FORFEITURE) TO ROYAL RENT -A -CAR
SYSTEMS OF FLORIDA, INC. FOR RENTAL OF THREE VEHICLES
FOR 12 MONTHS, PROVIDING AN EFFECTIVE DATE.
3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI FLORIDA, RELATING TO A REQUEST TO
AMEND SECTIONS 20 -9.1 AND 20 -9.3 OF THE LAND
DEVELOPMENT CODE TO INCLUDE IN THE COMMUNITY SERVICE
OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS
5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET (NORTHEAST
CORNER OF SW 647H' STR. AND SW 597H PL.) , AND TO AMEND
THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY
CHANGING THE ZONING USE DISTRICT FOR THE SAME LEGALLY
IDENTIFIED PROPERTIES FROM "RS -4,11 SINGLE` FAMILY
RESIDENTIAL TO "RS- 4(CS -OV) ", SINGLE FAMILY
RESIDENTIAL, COMMUNITY SERVICE OVERLAY DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(1st Reading - 1/9/01) 4/5
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,'' FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
ENTITLED, "PERMITTED USE SCHEDULE," IN ORDER TO ADD
MORTGAGE BANKING/ MORTGAGE BROKERAGE AS A PERMITTED USE
IN THE "GR ", GENERAL RETAIL USE DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. (1sTReading - 1/9/01) 4/5
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE', SPECIFICALLY REGULATIONS DEALING WITH
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF
STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
MODIFICATIONS MADE TO SECTION 20- 7.6(B) , AND THE
SUSPENSION OF SECTION' 20-4.4(G) AND SECTION 20-4.4(H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
PROVIDING AN EFFECTIVE' DATE. 1" READING - 1 /9 /01) 4/5
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
REGULAR CITY COMMISSION 3
AGENDA - February 6, 2001
ENTITLED, "PERMITTED USE SCHEDULE- TO REMOVE GASOLINE
SERVICE STATIONS AS A SPECIAL USE IN THE "NR ",
NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. (18t Reading January 16, 2001) 4/5
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS
APPROVING THE GROUND LEASE AGREEMENT BETWEEN THE CITY
OF -SOUTH MIAMI AND SPG PHASE ONE, LTD., FOR A MIXED -
USE /JOINT DEVELOPMENT PARKING GARAGE ON THE MUNICIPAL
PARKING LOT BOUNDED BY SW 73RD STREET ON THE SOUTH, SW
58TH AVENUE ON THE EAST, SE 58TH COURT ON THE WEST' AND
AN ALLEYWAY ON THE NORTH; PROVIDING FOR TERMS AND
CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT ;rr
SEVERABILITY AND AN EFFECTIVE DATE.
(1-'t Reading - January 16, 2001) 4/5
RESOLUTION(S) /PUBLIC HEARING(S)
There are none
RESOLUTION (S
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'INSTALLATION
OF 7 NEWSRACK DEVICES, FOR THE "STREET" NEWPAPER, BY
MIAMI HERALD PUBLISHING COMPANY, PURSUANT TO ORDINANCE
NO. 12 -90 -1451; AND PROVIDING FOR_AN EFFECTIVE DATE.
3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A SETTLEMENT AGREEMENT WITH HARDEE ROAD
CORPORATION REGARDING' PROPERTY LOCATED AT 6400 S.W. 62
AVENUE PROVIDING AN EFFECTIVE DATE. 3/5
ORDINANCE (S) FIRST READING
There are none -
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2 1 (k) (2) OF
THE CODE OF ORDINANCES' PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE 'COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
REGULAR CITY COMMISSION 4
AGENDA - February 6, 2001
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION. ff
PUBLIC REMARKS
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, -THE CITY 'HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, ,AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 5
AGENDA — February 6, 2001
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor Date: January 29, 2001
and City Commission
From: Charles D. Scuff Subject: Agenda Item 4—#
City Manager . ` Commission Meeting 02/06/01
_Extension of CDBG contracts
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO THE ACCEPTANCE OF AN
EXTENSION OF THE CITY'S FY 959 969 979 98 AND 99 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS UNTIL DECEMBER
31,2001; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BACKGROUND AND ANALYSIS
The City of South Miami received CDBG funding for traffic calming in the area surrounding 59th
Place and SW 64th Street, as well as funding for design and construction of Phases I and II of the
Multipurpose Center at Murray Phase. The funding is as follows:
• FY 95 Traffic Calmin g $144,000
• FY 96 Multipurpose Center $375,000
• FY 97 Multipurpose Center $175,000
• FY 98 Multipurpose Center $175,000
• FY 99 Traffic Calming $58,000
The traffic calming project cannot commence until the County performs a sewer project in the
area surrounding 59t Place and SW 64th Street. Phase I of the Multipurpose Center is complete,
and design of Phase II is essentially complete. Construction should commence within the next
few months.
OCED is willing to extend our contracts to allow for these projects to be completed.
RECOMMENDATION
Your approval is recommended.
T77 7'
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RESOLUTION NO.
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A RESOLUTION OF THE MAYOR AND CITY
4
COMMISSION OF THE CITY OF SOUTH MIAMI,
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FLORIDA, RELATING" TO THE ACCEPTANCE OF AN
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EXTENSION OF THE CITY'S FY 959 < 969 979 ` 98 AND 99
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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
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CONTRACTS UNTIL DECEMBER 31,2001; AUTHORIZING
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THE CITY MANAGER TO EXECUTE APPLICABLE
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CONTRACTS AND DOCUMENTS; AND PROVIDING FOR
11
AN EFFECTIVE DATE.
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WHEREAS, the Community Development Block Grant (CDBG) Program serves
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to improve communities; and
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WHEREAS, the City of South Miami received CDBG funding in fiscal year's 95-
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99 to benefit the Multipurpose Center at Murray Park as well as Traffic Calming efforts
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II'
on SW 64 h Street; and
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WHEREAS, the Traffic Calming' project cannot commence until Miami -Dade
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County undertakes and completes a sewer project in the area designated for traffic
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calming improvements; and
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WHEREAS, design and construction of the Multipurpose Center project is
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progressing rapidly; and
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WHEREAS, the City of South Miami would like additional time complete these
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two projects.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR' AND CITY
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COMMISSION OF THE CITY OF SOUTH MIAMI:
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Section 1. The City Manager is authorized to accept an extension of
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these contracts.
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Section 2. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this day of 2001.
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ATTEST: APPROVED:
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CITY CLERK MAYOR
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Commission Vote:
46
READ AND APPROVED AS TO FORM: Mayor Robaina:
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Vice Mayor Feliu:
1
Commissioner Bethel:
2
Commissioner Russell:
3
Commissioner Wiscombe:
4
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CITY ATTORNEY
C
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Paget of 2
r
........ :. CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Honorable Mayor Date: January 29, 2001
and City Commission
..From: Charles D. Scurr Subject: ..Agenda Item. # ir
City Manager Commission Meeting 02/06/01
Acceptance of FY 2001 Comm.
Development Block Grant
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN FY 2001 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) IN THE AMOUNT OF $155,000; AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South ` Miami submitted several applications for the _FY 2001 Community
I
Development Block Grant Program, including Career Counseling, Reconstruction of SW 59th
Place, Water Supply & Public Safety Improvements, and Murray Park.
On December 19, 2000, the Miami -Dade County Board of County Commissioners approved two
grants for the City - a $55,000 grant for Murray Park and a $100,000 grant for reconstruction of
SW 59 th Place.
The actual grant contract is still being processed by OCED. It will be substantially similar to the
j attached standard OCED format.
The attached resolution would allow the City Manager to execute the contracts and documents
necessary to receive the money and move forward with this important endeavor.
RECOMMENDATION
Your approval is recommended.
1
RESOLUTION NO.
2
3
A RESOLUTION OF THE MAYOR AND CITY
4
COMMISSION OF THE CITY OF SOUTH MIAMI,
5
FLORIDA, RELATING TO THE ACCEPTANCE OF AN FY
6
2001 COMMUNITY DEVELOPMENT BLOCK GRANT
7
(CDBG) IN THE AMOUNT OF $155,000; AUTHORIZING`
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THE CITY MANAGER TO EXECUTE APPLICABLE
9
CONTRACTS _ AND DOCUMENTS; AND PROVIDING FOR
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AN EFFECTIVE DATE."
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- WHEREAS, the Community Development Block Grant (CDBG) Program serves
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to improve communities; and
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WHEREAS, the City of South Miami submitted an application for funding in
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order to improve recreational'' and socioeconomic; aspects of its community; and
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WHEREAS, the Board of County _Commissioners awarded the City of South
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Miami $155,000 for its CDBG application.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
22
COMMISSION OF THE CITY OF SOUTH MIAMI:
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Section 1. The City Manager is authorized to accept an FY 2001
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Community Development Block Grant in the amount of $155,000.
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Section 2. The City Manager is authorized to execute contracts and
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documents applicable to the acceptance of the Community Development Block Grant.
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Section 3. This resolution shall take effect immediately upon arrival.
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PASSED AND ADOPTED this day of , 2001.
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ATTEST: APPROVED:
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CITY CLERK MAYOR
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Commission Vote:
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READ AND APPROVED AS TO FORM: Mayor Robaina
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Vice Mayor Feliu:
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Commissioner Bethel:
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Commissioner Russell:
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Commissioner Wiscombe:
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CITY ATTORNEY
CDBG FY 2000
Municipality
FY 2000 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
This contract is entered. into between. Miami -Dade County, hereinafter referred to as the "County
and City of South Miami, a municipal government organized under the laws of the State of Florida
hereinafter referred to as the "Contractor ".
The parties agree:
1. Definitions
OCED Office of Community and Economic Development or
its successor Department
24 CFR Part 570 - CDBG Federal regulations implementing Title I of the
Housing and Community Development Act of 1974, as
amended Community Development Block Grant
Low- and Moderate - Income A member of low- and moderate - income family i.e., a
Person family whose income is within specified income limits
a set forth by U.S. HUD.
Contract Records Any and all books, records, documents, information,
' data, papers, letters,' materials, electronic storage data
and media whether written, printed, electronic or
electrical, however cdllected, preserved, produced,
developed, maintained, completed, received or
compiled by or at the direction the Contractor or any
subcontractor in carrying out the duties and
obligations required by the terms of this contract,
including but not limited to financial books and
records, ledgers, drawings, maps, pamphlets,
designs, electronic tapes, computer drives and
diskettes or surveys.
Federal Award Any federal funds received by the Contractor from any
source during the period of time in which the
Contractor is performing, the obligations set forth in
this contract.
Subrecipient A public agency, municipality or nonprofit
organization selected by the County to administer all
or a portion of the County's CDBG program.
Contractor Recipient of CDBG funds from Miami -Dade County
III'
If. The Contractor
Agrees:
A.
Type of Activity
The Contractor shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami -Dade.
B.
Insurance
To comply with Miami -Dade County's insurance requirements as well as any
relevant state of Florida insurance requirements.
C.
Indemnification
I
The Contractor shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its
officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the
Contractor or its employees, agents, servants, partners, principals or
subcontractors.. The Contractor shall pay all claims and losses in .connection
'
therewith and shall investigate and defend all claims, suits or actions of any kind
or nature in the name of the County, where- applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may,
issue thereon. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla Stat., subject to the provisions of
that Statute whereby the Contractor shall not he held liable to pay a personal injury
j
or property damage claim or judgment by any one person which exceeds 'the sum'
of $100,000, or any claim or judgment or portions thereof, which, when totaled with
all other claims or judgment paid by the Contractor arising out of the same incident`
or occurrence, exceed the sum of $200,000 from' any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise as a
result of the negligence of the Contractor.
D.
Documents
The Contractor shall submit documents to OCED as described below or any other
document in whatever form, manner, or frequency as prescribed by OCED. These
1
will be used for monitoring progress, performance, and compliance with this
contract and for compliance with applicable County and Federal requirements.
1. Progress Reports
a. The Contractor shall submit a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by
OCED, which shall describe the progress made by the Contractor in
achieving each of the objectives and action < steps identified in
Attachment A, "Scope of Services."
The Contractor shall' ensure that OCED receives each report in
triplicate (or as indicated) no later than April 10, 2000, July 10, 2000,
II,
October 10, 2000 and January 10, 2001.
2 of 25
The Contractor shall submit to OCED a cumulative account of its
activities under this agreement by completing the following
portions of the Progress Report Form:
Section I - Status of Contracted Activities:
The Contractor must report specific information regarding the
status of the ' contracted activities, including accomplishments
and /or delays encountered during the implementation of the project
and an unduplicated count of clients served during the reporting
period (if applicable) for each federally defined ethnic category.
Contractors engaged in construction and /or housing rehabilitation
projects shall, report on the progress of their activities including the
number of housing units completed and occupied by low-moderate
and low income - residents. The Contractor shall also report
demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope
of Services, must be addressed as part of this report.
- Section II Fiscal Information:
The Contractor must report expenditure information based on
approved budgeted line items to reflect all costs incurred during the
reporting' period. In addition,; the Contractor shall report on
Program Income Usage for each contracted activity.
Section III - Minority Business Enterprise:
i
Minority Business Enterprise Report (First and Third Quarter
Progress Report)- The Contractor shall report to OCED the number
of business activities involving minority vendors, including
subcontractors; performing' work under this Agreement. The
"Minority Business Enterprise Report" Section in Attachment C, and
when applicable Section 3 in the same Attachment shall be
completed semiannually by the Contractor and submitted to OCED
u no later than April 10, 2000 and October 10, 2000.
Section IV - Neighborhood Employment Opportunities:
a Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Contractor shall report to OCED the
number of focus and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities. The Neighborhood Employment
Opportunities, Report shall be submitted using the Progress Report
Form attached hereto as a Section in '',Attachment C, as it may be
revised. This section of the form shall be completed semiannually
by the Contractor and submitted to OCED no later than April 10,
2000 and October 10, 2000.
I The Contractor shall submit to the County, in a timely manner, any
other - information deemed necessary by the County, and its
f
presentation shall comply with the format specified` at the time of
the request. Failure' to submit the Progress Reports or other
information in a manner satisfactory to the County by the due date
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shall render the Contractor in noncompliance with this Article. The
County may require the Contractor to forfeit its claim to payment
requests or the County may invoke the termination provision in this
Agreement by giving five days written 'notice of such action to be
taken.
b. Unspecified Site(s) Objective - , If the Contractor has not yet
identified a location to carry out any of the activities described in
Attachment A, the Contractor shall submit, in ,triplicate, Progress
Reports, using the form attached hereto as part of Attachment C, on
a` monthly basis until such time as the Contractor complies with the
provisions contained within Section 1.1 Paragraph D.4. of this
contract. Copies of the above described Progress Report shall be
received by OCED no dater than the tenth (10th) business day of
each month and shall address the progress undertaken` by the
Contractor during the previous month. This Progress Report shall
not be required if the Contractor is submitting the Progress Reports
required by Section II, Paragraph D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)- The Contractor shall
submit a cumulative_ status report (hereinafter referred to as "Annual
Report ") using the "Progress Report" specified in Section 11, Paragraph
D.1.a. above, which shall describe the progress made by the Contractor in
achieving each of the objectives identified in Attachment' A during the
previous ,year. The "Annual Report" must cover the CDBG` fiscal year of
January 1, 2000 through December 31, 2000 and shall be received by OCED
no later than January 10, 2001.
3. Environmental Review. - The Contractor immediately upon locating or
determining a site for each of the "Unspecified Site" activities to be carried
out pursuant to this contract,' shall submit information detailing the location
of each site for which` a Site Environmental Clearance Statement, will be
prepared as described in Section II, Paragraph E:4. of this contract set forth
below. The Environmental ` Review is to be prepared on information
contained in Attachment E, "Information for Environmental Review." The
Contractor shall obtain a written Environmental Approval Letter from OCED
prior to expending CDBG funds. Failure to comply with this requirement
shall result in the revocation of this agreement.
4. Audit Report - The Contractor shall submit to OCED an annual audit report
in triplicate as required by Section 11, Paragraph 1 of this contract as set
forth below.
5. Inventory Report - The Contractor shall report annually all nonexpendable
personal and real property purchased with CDBG funds from this and
previous' agreements with the County as specified in Section 11, Paragraph
;
Q of this contract.
6. Affirmative Action Plan - The Contractor shall 'report to OCED information
I
relative to the equality of employment opportunities whenever so requested
by OCED.
E.
Participation in the CDBG Program
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1. The Contractor shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low- and moderate- income persons;
b. To aid in the prevention or elimination of slums or blight;
C. To meet community development ,needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate - income persons, the Contractor shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted
in whole or in part with CDBG funds is an activity which provides benefit to
no less than 51% of low- and moderate- income persons.
3. The Contractor shall comply with all applicable provisions of 24 CFR Part
570 and shall carry out each activity in compliance with all applicable
federal laws and regulations described therein.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Contractor shall obtain,
immediately after a site is identified by the Contractor, OCED's written
f environmental clearance statement and shall agree in writing to comply
with any and all requirements` as may be set forth in the Site Environmental
Clearance Statement.
5. The Contractor shall make a good faith effort to address the concerns of
the residents of the affected area. The Contractor shall cooperate with
jj OCED in informing the appropriate CDBG citizen participation structures,
'! including the appropriate area committees, of the activities of the
j Contractor in adhering to the provisions of this 'contract. Representatives
of the Contractor shall attend meetings of the appropriate committees and
j citizen participation structures, upon the request of the citizen participation
officers, OCED, or the County.
g 7. For activities involving acquisition, rehabilitation and /or demolition
of property and which require the relocation of families, individuals,
businesses and /or industries, the Contractor shall submit a written
notification to the Urban Development Unit of OCED prior to relocating,
evacuating, and /or dispersing any and all legal occupants who reside at
this property on the basis of a long or short term lease. When the legality
of an occupant (individual, family, business, and /or industry) is in question,
the Contractor shall contact the above mentioned unit prior to making ,a
determination.
Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and /or
part 58 and to the rules and regulations of the Uniform Relocation
li Assistance and Real Property Acquisition Act of 1970, as amended.
i
8. The Contractor shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects. _ These procedures must consist
" of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups to the available services. ' The Contractor shall
annually assess its affirmative marketing program to determine if the
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procedures used to comply with the requirements specified in Public Law
88 -352 and Public Law 90-284 successfully meet these requirements. The
Contractor shall submit to OCED" its Affirmative Marketing Plan no later
than 60 days from the date this Agreement' is executed.
F. Federal, State, and County Laws and Regulations
1. The Contractor shall comply with applicable provisions of applicable
federal, state, and County, laws, regulations, and rules including 24 CFR
Part 85, OMB A -128,' OMB A -87, and with the applicable procedures
specified' in OCED's Contract Compliance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they
may be revised.
2. The Contractor shall comply with Section 504 of the Rehabilitation Act of
I
1973, as amended, which prohibits discrimination on the basis of handicap;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits
discrimination on the basis of race, color, or national origin; the Age
Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and
Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246,
as amended which requires equal employment opportunity; and with the
Energy Policy and Conservation Act (Pub.L 94 -163) which requires
mandatory standards and policies relating to energy efficiency.
3. If the amount payable to the Contractor pursuant to the terms" of this
contract is in excess of $100,000, the Contractor shall comply with all
applicable standards, orders, or regulations, issued pursuant to Section
306 of the Clean Air Act of 1970 (42 U.S.C. "1857 h), as amended; the Federal
Water Pollution; Control Act (33 U.S.C. 1251), as amended; Section 508 of
the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Contractor shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by OCED.
5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest
to; and submit the required Disability Non - discrimination Affidavit assuring
compliance with all applicable requirements of the laws listed below
including but not limited to those provisions pertaining to employment,
l provisions and program services, transportation, communications, access
to facilities, renovations, and new construction.
6. Compliance with Miami -Dade County Ordinance 98 -30 County Contractors
Employment and Procurement Practices All firms with annual gross
revenues in excess of $5 million, seeking to contract` with Miami -Dade
County shall, as a condition of award, have a written Affirmative Action
Plan and Procurement Policy on file with the County's Department of
Business Development. Said firms must also submit, as a part of their
proposals /bids' to be filed with the Clerk of the Board, an appropriately
completed and signed Affirmative Action Plan /Procurement Policy Affidavit.
Firms whose Boards' of Directors are representative of the population
6 of 25
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make -up of the nation are exempt from this requirement and must submit,
in writing, a detailed listing of their Boards of Directors, showing the race
or ethnicity of each board member, to the County's Department of Business
Development. Firms claiming exemption must submit, ',as a part of their
proposalsibids to be filed with the Clerk of the Board, an appropriately
completed and signed Exemption Affidavit in accordance with Ordinance
98 -30. These submittals shall be subject to periodic reviews to assure that
the 'entities do not discriminate in their employment and procurement
practices against minorities and women - owned' businesses.
It will be the responsibility of each firm to provide verification of their gross
annual revenues `to `determine the requirement` for compliance with the
Ordinance. Those firms that do not exceed $5 million annual gross
revenues must clearly state so in their bid /proposal.
Any biddertrespondent which does not provide an affirmative action plan
and procurement policy may not be recommended by the County Manager
for award by the Board of County Commissioners.
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related
to the attesting firm, is found by the responsible enforcement' agency, the Courts
or the County to be in violation of the Acts, the County will conduct no further
business with such attesting firm. Any contract entered' into based upon a false
q affidavit, as listed" below, and submitted pursuant to this resolution shall be
voidable by the County:
a. Miami -Dade Employment Family Leave Plan Affidavit
b. Miami -Dade County Cuba Affidavit
C. Miami -Dade Employment Drug -Free Workplace Affidavit
d. Disability Nondiscrimination Affidavit
e. Affirmative Action Plan Exemption Affidavit
f. Affirmative Action. Plan /Procurement Policy Affidavit
If any attesting firm violates any of the Acts below during the term of any contract
such firm has with the County, such contract shall be voidable by the County, even
if the attesting firm was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
I,1
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 - 336,104 Stat
327,`42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including
Title: 1, Employment; , Title 11, Public Services; Title hl, Public
Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation, only
the conflicting provision shall be deemed by the parties hereto to be modified to be
7 of 25
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consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this contract, as modified, shall continue_ and all
other provisions of this contract shall remain in full force and effect. '
H. Construction
If the Contractor engages in, procures, or makes loans for construction work, the
Contractor shall:
1. Contact the OCED representative noted in Section IV, Paragraph K of this
contract, prior to taking any action, to schedule a meeting to receive
compliance information.
2. Comply with the Contractor's procurement and pre -award requirements and
procedures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis-Bacon Act; Copeland Anti -Kick Back Act Contract
Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning
Prevention Act; and other related acts, as applicable.
i
4. Submit to OCED for written prior approval, all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
I;
5. Submit to OCED all construction plans and specifications and receive
i
OCED's approval prior to implementation.
6. Contact the OCED representative noted in Section IV, Paragraph K prior to
scheduling a pre - construction conference.
In accordance with industry standards, ,OCED will hold 10% of the total
grant award as a retainer until the completion of the construction work is
'I verified by OCED through a Certificate of Occupancy.
I. Audits and Records
1. The ' Contractor expending $300,000 or more annually in federal awards
shall have a single or program specific audit conducted in accordance with
a OMB A -133: The Contractor expending federal awards of $300,000 or more
under only one federal program may elect to have a program- specific audit
performed, in accordance with OMB A -133. Contractors who will be
j; receiving, or who have received, federal awards for loans or loan
j! guaranteed programs may be required to conduct audits of those programs
in accordance with regulations of the federal agencies providing those
Ili guarantees or loans.
l
l
!' 2. The Contractor expending less than $300;000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMB A -133,
although their records must be available for review (e.g., inspections,
evaluations). These Contractors are required by OCED to submit "reduced
f: scope" ' audits (e.g., financial audits, performance audits). They may
choose instead of a reduced scope audit to have a program audit
conducted for each federal 'award in accordance with federal laws and
regulations governing the programs in which they participate. Records
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must be available for review or audit by appropriate officials of the General
Accounting Office and other federal and county agencies.
3. When the requirements of OMB A -133 apply, or when the Contractor elects
to comply with OMB A -133, an audit shall be conducted for each fiscal year
for which federal awards attributable to this contract have been received by
the Contractor.. Each audit shall include a fiscal review, which includes a
validation of all program generated income and its disposition, especially
attributable to CDBG funds, an internal control review, and a compliance
review as described in 'OMB A -133. A copy of the audit report in triplicate
must be received by-OCED no later than six (6) months following the end of
the Contractor's fiscal year.
I,
4. The Contractor shall maintain all Contract Records in accordance with
generally accepted accounting; principles, procedures, and practices which
shall sufficiently and properly reflect all revenues and expenditures of
funds provided directly or indirectly by the County pursuant to the terms of
this contract.
5. The Contractor shall maintain all Contract Records that document all
actions undertaken to accomplish the "Scope of Services" outlined in
Attachment A in this contract.
6. The Contractor shall ensure that the Contract Records shall be at all times
subject to and available for full access and review, inspection, or audit by
County and federal personnel and any other personnel duly authorized by
the County,
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ii7. The Contractor shall include in all OCED approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
OCED, each of the record- keeping and audit requirements detailed in this
contract. OCED 'shall, in its sole discretion, determine when services are
eligible substantive programmatic services and subject to the audit and
record- keeping requirements described above.
J. Retention of Records
1. The Contractor shall retain all Contract Records for a period of at least
three (3) years (hereinafter referred to as "Retention Period ") subject to the
f;
limitations set forth below:
a. For all non -CDBG assisted activities the Retention Period shall
begin upon the expiration or termination of this contract.
b. For CDBG assisted public service activities the Retention Period
shall begin upon the date of U.S. HUD's acceptance of OCED's
annual Grantee Performance Report for the year in which the
activity is reported as completed. for each public service activity
the Contractor must retain all contract records except those relating
to real and nonexpendable personal property.
C. For all other CDBG assisted activities the Retention` Period < shall
begin upon U.S. HUD's acceptance of OCED's annual Grantee
'! 9 of 25
Performance Report in which each assisted activity is reported on
for the final time. For all the CDBG assisted activities covered by
this Section II, Paragraph J.1.c., the Contractor must retain all
contract records except those relating to real and nonexpendable
personal property.
d. For all 'CDBG assisted activities, the `'Retention Period for all
contract records relating to real and nonexpendable personal
property shall begin upon the date of the final disposition' of the
property.
2. If the County or the Contractor have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract,, the Retention
Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in. the sole and absolute 'discretion of OCED,
fully, completely and finally resolved,
3. The Contractor shall allow the County, federal personnel, or any person
r authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.,
4. The Contractor shall notify OCED in writing, both during the pendency of
this contract and after its expirations part of the final close -out procedure,
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of the address where all contract records will be retained.
5. The Contractor shall obtain written approval of OCED prior to disposing of
any contract records within one year after expiration of the Retention
Period.
K. Provision of Records
1. The Contractor shall provide to OCED, upon request, all contract records.
These records shall become the property of OCED without restriction,
reservation, or limitation of their use. OCED shall have unlimited rights to
all books, articles, or other' <copyrightable materials developed for the
purpose of this contract. These unlimited rights shall include the rights to
royalty -fees; nonexclusive, and irrevocable license to reproduce, publish,
or otherwise use, and to authorize others to use, the information for public
purposes.
2. If the Contractor receives funds from, or is regulated by other governmental .
agencies, and those agencies issue monitoring reports, regulatory
j examinations, or other similar reports, the Contractor shall ,provide a copy
of each report and any follow -up communications and reports to OCED
immediately upon such issuance unless such disclosure is a violation of
the regulatory agencies issuing the reports.
L. Prior Approval
The Contractor shall obtain prior written approval from OCED prior to undertaking
L any of the following:
1. The engagement - or execution of any subcontracts or contract
assignments, wherein CDBG funds will be used to pay for goods or
10 of 25
services. The contractor must submit all proposed agreement documents
to OCED at least thirty (30) days prior to the start date of the agreement. -
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
4. The purchase of all nonexpendable personal property not specifically listed
in the approved budget.
5. The disposition of all real,' expendable personal, and nonexpendable
personal property as defined in Section 11, Paragraph Q.1. of this contract.
6. All out -of -town travel not specifically listed in the approved budget.
7. The disposition of program income not specifically listed in the ,approved
program income budget:`
8. The publication of proposed Solicitation Notices, Invitations for Bids and
Requests for Proposals as provided for in Section 11, Paragraph H of this
contract.
9. The disposal of all contract records as provided for in Section II, Paragraph
J of this contract.
M. Monitoring
The Contractor shall permit OCED and other persons duly authorized by OCED to
inspect all contract records, facilities, equipment, materials, and services of the
Contractor which are in any way connected to the activities undertaken pursuant to
the terms of this contract, and/or to interview any clients employees,
subcontractors, or assignees of the Contractor. Following- such inspection' or
it interviews, ` OCED will deliver to the Contractor a report of its findings, and the
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Contractor will rectify all deficiencies cited by OCED within the specified period of
time set forth in the report, or provide OCED with a reasonable justification for not
correcting the deficiencies. OCED will determine, in its sole- and absolute
discretion_ whether or not the Contractor's justification is acceptable or if the
Contractor must, despite the justification, rectify the deficiencies cited by OCED in
its report.
N. Conflict of Interest
1. Procurement: The Contractor shall comply with the standards contained
i
within 24 CFR Part 85.36.
'J
2. All Other Cases: The Contractor shall comply with the standards contained
within 24'CFR Part 570.611(2).
3. The Contractor shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The
Contractor shall' make such disclosure in writing to OCED immediately
upon the Contractor's discovery of such possible conflict. OCED will then
render an opinion which shall be binding on all parties.
0. Publicity, Advertisements and Signage
11 of 25
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I . The Contractor shall ensure that all publicity,- public relations and
advertisements and signs, recognize the Miami -Dade Office of Community
and Economic Development (OCED) and Community Development Block
Grant (CDBG) for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets, wall plaques,
cornerstones, dedications, notices, flyers, brochures, news releases, media
packages, promotions, and stationery. All signs used to publicize OCED
contracted activities must be approved by OCED prior to being posted and
must also meet the standard specifications as established by OCED. The
use of the official Miami Dade OCED logo is permissible
2. The Contractor shall furnish, erect and maintain 'construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of inch thick marine plywood, newly painted and lettered
according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards
as to layout, symmetry, proportion, clarity and neatness and use of
weather - resistant colors and materials. The Contractor shall place the
signs, securely braced and mounted, as shown on the typical project sign
placement :diagram or as directed by the engineer. All materials shall be
provided by the Contractor and the signs shall remain in the property of the
Owner at the completion of the contract. NO WORK SHALL` COMMENCE
UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL
BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For
this ,project signs will be required. Payment for furnishing,' installing and
maintaining the sign shall be under the bid amount for mobilization.
1
P. Procurement
The Contractor must take affirmative steps to procure supplies, equipment,
l construction, or services to - fulfill this contract from minority and women's
i - businesses, and to provide. these sources` the maximum feasible opportunity to
compete for subcontracts to be 'procured pursuant to this contract. To the
maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas" designated by OCED in the CDBG
application approved by the supervising federal agency. The Contractor shall
assure that all subcontracts or third party agreements contain provisions with
stated goals, that low- income residents from Community Development focus and
service areas be provided with opportunities for employment and training in
contracted activities:.
In conformance with Section 3 of the Housing and Community Development Act of
1968, the Contractor must direct federal financial assistance toward Target Area
residents and ensure that employment and economic opportunities; be given to low
and very low - income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
1. In conformance with Section 3 of the Housing and Community
Development Act of 1968, the Contractor must direct federal financing assistance
towards Target Area residents and ensure that employment and economic
opportunities be given to low and very low- income persons, ,particularly those who
are recipients of government assistance for housing according to the guidelines
mentioned below:
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
12 of 25
"'M."z;`".'T
U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD- assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to ,
low- and very low - income persons, particularly persons who _ are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135
regulations.
C. The contractor agrees to send to each labor organization. or representative of
workers with which the contractor has a "collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see, the
notice. The notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part, 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this section 3 clause, upon a finding that the subcontractor' is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice _ or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will - certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
�I
from future HUD assisted contracts.
�I
G. With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self- Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible (i) preference
and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
I
organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section ,7(b) agree to comply
with section 3 to the maximum extent feasible, but not in derogation of compliance
9 p
with section 7(b).
O
Q. Property
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1. Definitions
a.
Real Property: land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery - and
equipment.
b.
Personal Property: Personal property of any kind except real
property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights
C.
Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with
a normal expected life of one or more years, not fixed in place, and
not an integral' part of 'a structure, facility or another piece of
equipment.
d. '
Expendable Personal Property: All tangible personal property other
than nonexpendable property!.
2. The Contractor shall comply with the real property requirements as stated
below:
a.
Any real property under the Contractor's control that was acquired
or improved in 'whole or in 'part with CDBG funds received from
OCED in excess "of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives
required; by and defined in 24 CFR Part 570.208 for five (5)
years following the expiration or termination of this
contract, or for such longer, period of time as determined by
OCED in its sole and absolute discretion; or
2) ' Not used to meet one of the 'three (3) CDBG National
Objectives. In the event the property is not used to meet
one of the national objectives for five (5) years following the
expiration or termination' of this contractor such longer
period as determined by OCED -then, the, Contract or shall
pay to OCED an amount equal to the arket value of the
property as may be : determined by OCED in its sole and
absolute discretion, less any proportionate portion of the
value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property.
Reimbursement is not required - after the period of time
specified in Paragraph Q.2a.1., above,
b.
Any real property under the Contractor's control that was acquired
or improved in whole or in ,part with CDBG funds from OCED for
$25,000 or less shall be disposed of, at the expiration or termination
of this contract: in accordance with instructions from OCED.
C.
All real property purchased in whole or in part with funds from this
and previous contracts with 'OCED, or transferred to the Contractor
14 of 25
after being purchased in whole or in part with funds from OCED,
shall be listed in the property records of the Contractor and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; owner's name if different from the Contractor; information
on the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets' and roads. The property records shall describe the
programmatic purpose for which the property was acquired and
identify the CDBG national objective that will be met. If the property
was improved, the - records shall describe the programmatic
purpose for` =which the improvements were made and identify the
CDBG national objective that will be met.
d. All real property shall be inventoried annually by the Contractor and
an 'inventory report shall be submitted to OCED when and as
requested by OCED. This report shall include the elements listed in
Paragraph Q.2c., above.,
3. The Contractor shall comply, with the nonexpendable personal property
requirements as stated below.
a. All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with .00ED shall be
listed in the property records of the Contractor and shall include a
description of the property; location; model number; manufacturer's
serial number; date of acquisition; funding source; unit cost at the
time of acquisition; present market value; property inventory
number; information on its condition; and information on transfer,
replacement, or disposition of the property.
b. All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with OCED shall be
inventoried annually by the Contractor and an inventory report shall
be 'submitted to OCED when and as requested by OCED. The
inventory ' report shall include the elements listed in Paragraph
Q.3.a., above.
C. Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Contractor pursuant to
the terms of this contract shall vest in the County and OCED.
4. The Contractor shall obtain the prior written approval from OCED for the
disposition of real property, expendable personal property, and
nonexpendable personal property purchased in whole or in part with funds
given to the Contractor or subcontractor pursuant, to the terms of this
contract. The Contractor shall dispose of all such property in accordance
with instructions from OCED. Those instructions may require the return of
all such property to OCED.
R. Program Income
1. Program income as defined in 24 CFR Part 570.500 means gross income
received by the Contractor directly generated from activities supported by
CDBG funds. When program income is generated by an activity that is only
15 of 25
partially assisted with CDBG funds, the income shall be prorated to reflect
the percentage of CDBG funds used.
2. If the Contractor generates program income, the Contractor may retain the
program and use it for costs that are in addition to the approved costs of
this "contract, provided that such costs specifically further the objectives of
this contract. These additional costs need not be of a 'kind that would be
permissible as charges to this contract. However, the Contractor shall not,
under any circumstances, use program income to pay for charges or
expenses that are specifically not allowed pursuant to the terms of this
contract and applicable federal regulations or rules or any County rules or
ordinance."
a. The Contractor shall comply with the program income_ provisions in
OCED's Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. The Contractor shall report to OCED all cumulative program income
generated from activities financed in whole or in part by funds from
this contract. This information must be submitted quarterly as part
of the 'Fiscal Section of the Contractor's Progress Report as
outlined in Section 11, Paragraph D.l.a.
C. The Contractor- shall ` report program income for as Tong as it
receives and /or has control over program income generated from
i
this and any previous contracts with OCED.
d. The Contractor shall provide to OCED a written explanation of the
activities to be assisted with program income and shall obtain
OCED's written approval prior to implementing those activities. All
provisions of this contract shall apply to any activity performed
using program income.
e. Subject to the limitations set forth in this paragraph, the Contractor
may use program income to fund any CDBG eligible activity as
provided for and defined by 24 CFR Part 570 et seq.
f. Program income from a revolving loan activity must be used only
for the same revolving loan activity.
g. Program income from a revolving loan activity, such as loan
repayments, interest earned, late fees, and investment income, shall
be substantially' disbursed to eligible - loans, loan- related
programmatic costs, and operational costs for the same revolving
loan activity before the Contractor may request additional CDBG
funds for that activity.'
h. All program income from nonrevolving loan activities shall be
substantially ;disbursed to carry out other OCED approved CDBG'
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
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-:r, +— �wR.,.�vxi ... .�T ✓ .,<._ -.v .V °` '„ —= �bidtk�.z��- �v'._
i. Any proceeds from the sale of property as detailed in Section 11,
Paragraph Q.4., above, shall be considered program income.
j. The Contractor shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income
and its disposition.
3. Upon expiration or termination of this contract or at the end of any program
year, the Contractor shall transfer to the County any program income funds
on hand, and any program income accounts receivabl e attributable to any,.
CDBG funded activities. OCED may require remittance of all or part of any
program income balances (including investments thereof) held by the
Contractor (except those needed for immediate cash needs, cash balances
of a' revolving loan fund, cash balances from a lump sum drawdown, or
cash or investments held for Section 108 Security needs).
4. OCED, in its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income generated by
the Contractor, and such action shall not require an amendment to this
contract.
S. Travel
The Contractor shall comply with the County's travel policies: Documentation. of
travel expenses shall conform to the requirements of OCED's Contract Compliance
i °Manual.
T. Subcontracts and Assignments
i
1. The Contractor shall ensure that all subcontracts and assignments:
a. Comply > with all requirements and regulations specified in OCED's
Contract Compliance Manual;
b. Identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price
component;
i
e. Incorporate a provision requiring compliance with all applicable a
regulatory ' and other requirements of this contract and with any
III,
q
conditions of approval that the County or OCED deem necessary.
This applies only to subcontracts and assignments in which parties
are engaged to carry out any eligible substantive' programmatic
service, as may be "defined by 'OCED, set forth in this contract.
OCED shall in its sole discretion determine when services are
eligible substantive programmatic services and subject to the audit
and record- keeping requirements' described above, and;
f. Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
i
i
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2. The Contractor shall incorporate in all consultant subcontracts this
additional provision:
The Contractor is not responsible for any insurance or other fringe
benefits, e.g., social security„ income tax withholdings, retirement or leave
;benefits, for the Consultant or employees of the Consultant normally
available to direct employees of the Contractor. The Consultant assumes
full responsibility for the provision of all insurance and fringe benefits for
himself or herself and employees retained by the Consultant in carrying out
the Scope of Services provided in this subcontract.
3. The Contractor; shall be responsible for monitoring the contractual
performance of all subcontracts and their progress toward "meeting the
approved goals and objectives indicated in the attached Scope of Services
I
4. The Contractor shall receive from OCED written prior, approval for any
subcontract prior to engaging any party who agrees' to carry out any
substantive programmatic activities as may be determined by OCED as
described in this contract. OCED's approval shall be obtained prior to the
release of any funds for the subcontractor.
5. The Contractor shall receive written approval from OCED prior to either
assigning or transferring any obligations or responsibility set forth in this
contract or the right to receive benefits or payments resulting from this
contract.
6 Approval by OCED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by
u OCED in excess of the total dollar amount agreed upon this contract.
U. Additional Funding
The Contractor shall notify - OCED of any additional - funding received for any
activity described in this contract. Such notification shall be in writing and received
by OCED within thirty (30) days of the Contractor's notification by the funding
source.
V. Method of Payment
The Contractor shall be paid as described below:
1. The Contractor shall be paid for those expenses allowed pursuant to the
provisions provided below only when the Contractor submits to OCED
adequate proof, as determined by OCED in its sole discretion, that the
Contractor has incurred the expenditures. It shall be presumed that the
Contractor has provided adequate proof of having incurred expenses if the
Contractor submits to OCED canceled checks or original invoices approved
by the Contractor's authorized representative. When original documents
cannot be presented, the Contractor must adequately justify their absence
in writing and furnish copies of those documents to OCED. The Contractor
must adequately justify their absence in writing and furnish copies; of those
documents to OCED. The Contractor shall be paid only for those
expenditures contained within Attachment B, "Budget," to this contract as
it may be revised with the prior written approval by OCED.
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. ,
2. Requests for payment shall be assembled by calendar month and
submitted to OCED no less frequently than monthly. Failure to comply may
result in rejection of invoices.
3. In no event shall the County 'provide advance CDBG funding to the
Contractor or to any ,subcontractor hereunder nor shall the Contractor
advance CDBG funds to any party.
4. Any payment due under the terms of this contract may be withheld pending
the receipt and approval by OCED of all reports and documents which the
Contractor is required to submit to OCED pursuant to the terms of this
contract or any amendments thereto.
5. No payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with OCED and
the County's Risk Management Division. OCED must receive the final
p
for
request re payment from the Contractor no more than sixty (60) calendar
q
days after the expiration or termination of this contract. If the Contractor
fails to comply with this requirement, the.Contractor will forfeit all rights to
payments if OCED, in its sole discretion, so chooses.
6. Within thirty (30) calendar days after this contract expires or is terminated,
'i the Contractor shall provide to OCED a list of all invoices and costs that
relate to this contract's approved Budget and that have not been submitted
to OCED. Any invoice received by OCED, subsequent to receipt of this list
by OCED which reflects a cost not included on this list will not be paid.
OCED must receive the final request for payment from the Contractor no
more than sixty (60) calendar days after the expiration or termination of this
contract. If the Contractor fails to comply with this requirement, the
Contractor will forfeit all rights to payments if OCED in its sole discretion
so chooses
7. All monies paid to the Contractor which have not been used to retire
outstanding obligations of this contract must be refunded to OCED in
accordance with OCED's Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services
j under this contract, or after termination of this contract for any reason,
!, shall be recaptured in full by the County.
W. Reversion of Assets
The Contractor shall return to OCED, upon the expiration or termination of this
contract, all assets owned or held as a result of this contract, including, but not
limited to any funds on hand,' any accounts receivable attributable to these funds,
mortgages, notes, and 'other collateral, and any overpayments due to unearned or
costs disallowed pursuant to the terms of this contract that were disbursed to the
Contractor by the County. The Contractor shall, within thirty days of expiration or
termination of this contract, execute any and all documents as required by the
County to effectuate the reversion of assets. Any funds not earned, as described
and provided for in OMB ,A -87, by the Contractor prior to the expiration' or
termination of this contract shall be retained by OCED.
Ill. The Count A rees:
I,I
Y 9
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R .
Subject to the availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $50,000.
IV'. The Contractor and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1, 2000. Any costs incurred by the
Contractor prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2000. Any costs incurred by the
Contractor beyond this date will not be paid by the County.
3. This contract may, at the sole, and absolute discretion of the County and
OCED, remain in effect during any period that the Contractor has control
over contract funds, including program income. However, the County shall
have no obligation or responsibility to make any payment, except those
described within Section' II, Paragraph V, or provide any type of assistance
or support to the Contractor if this contract has expired or been terminated.
B. Suspension
1. OCED may, for reasonable causes, temporarily suspend the Contractor's
operations and authority to obligate funds under this contract or withhold
payments to the Contractor pending necessary corrective action by the
Contractor or both. Reasonable cause shall be determined by OCED in its
sole and absolute discretion, and may include:
a. Ineffective or improper use of these contract funds by the
Contractor or any of its subcontractors;
b. Failure by the 'Contractor to comply with any term or provision of
this contract;
C. Failure by the Contractor to submit any documents required by this
contract; or
d. The Contractor's submittal of incorrect or incomplete reports or
other required, documents.
2. In the event of a default by the Contractor, OCED may at any time suspend
the Contractor's authority to obligate funds, withhold payments or both.
These actions may apply to only part or all of the activities funded by this
contract.
3. OCED will notify the Contractor of the type of action to be taken in writing
by certified mail, return receipt requested, or in person with proof of
delivery. The notification will include the reason(s) for such action, the
conditions of the action, and the necessary corrective action(s). OCED will
give the Contractor reasonable opportunity to rectify any action or inaction
referenced above.
C. Termination
1. Termination at Will
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This contract, in whole or in part, may be terminated by OCED upon no Tess
than ten (10) working days notice when OCED determines that it would be
in the best interest of OCED and the County. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of
delivery.
2.
Termination for Convenience
OCED may terminate this contract, in whole part, when both parties agree
that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall
agree upon the termination conditions.
3.
Termination Because of Lack of Funds
In the event of a funding short- fall, or a reduction in federal appropriations,
or should funds to finance this, contract become unavailable, OCED may
{
terminate this :contract upon no less than twenty -four (24) hours written
notification to the Contractor. Said notice shall be delivered by certified
mail, return receipt requested, or in person with proof of delivery. OCED
shall be the final authority in determining whether or not funds are
available. OCED may at its discretion terminate, renegotiate and /or adjust
the contract award, whichever is in the best interest of the County.
4.
Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the
Contractor through Board of County Commissioners action, the Contractor
may, at its discretion, request in writing from the Director of OCED a
release from its contractual obligations to the County. The Director of
OCED will review the effect of the request on the community and the
County prior to making a final determination.
5.
Termination for Breach
OCED may terminate this contract, in whole or in part, when OCED
determines, in its sole and absolute discretion, that the Contractor is not
making sufficient progress thereby endangering the ultimate contract
performance, or is not materially` complying with any term or provision of
this contract.
i
Unless the Contractor's breach" is waived by OCED in writing, OCED may,
j
by written notice to the Contractor, terminate this contract upon no less
than twenty -four (24) hours notice. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
Waiver of breach of any provision of this contract shall not be deemed to
be a waiver of any other breach and shall not be construed to be a
r
modification of the terms of this contract. The provisions herein do not limit
1
- OCED's right to legal or equitable remedies.
6.
Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2- 8.4.1, any
individual or corporation or other 'entity that attempts to meet its
{
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Y ^nT —,"rz "'fir.
contractual obligations with the County through fraud, misrepresentation
or material misstatement, shall be terminated, whenever practicable, as
determined by the County.
The County may terminate or cancel any other contracts with such
individual or subcontracted entity it has with the County. Such individual
or entity shall be responsible for all direct and indirect costs associated
with such termination or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to ,.
meet , its contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County
contracting for up to five (5) years.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs
incurred in carrying out activities required by this contract up to the date
and time of termination.
D. Renegotiation or Modification
Modifications of provisions of this contract shall be valid only when in writing and
signed: by duly authorized representatives of each party. The parties agree to
renegotiate this contract if OCED, in its sole and absolute discretion determines
that federal, state, and /or County revisions of any applicable laws or regulations, or
increases or decreases in budget allocations make changes in this contract
necessary. OCED shall be the final authority in determining whether or not funds
for this contract are available due to Federal, state and /or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations.
E. Right to Waive
OCED may, for good and sufficient cause, as determined by OCED in its sole and
absolute discretion, waive provisions in this contract or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Contractor shall be in
writing. Any waiver shall not be construed to be a modification of this contract.
OCED's failure to exercise any of its rights under this contract or OCED's waiver of
a provision on any one occasion shall not constitute a waiver of such rights or
delay b
other occasion. No failure or
provision on any t y y OCED in the exercise of any
right shall operate as a waiver.
i
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and
a must comply with OCED's Contract Compliance Manual. These revisions
shall not require "a contract amendment unless the amount of this contract
is changed or unless otherwise required by OCED. All budget revisions
shall require the written approval of OCED.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Contractor be rescinded
by action from the Board of County Commissioners, written notification via
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f
certified mail to the Contractor advising of the, funding reduction shall be
sent by OCED no later than 5 working days of the action; written
notification will constitute a contract amendment. The Contractor will have
five working days upon receipt of certified return receipt notification to
submit a revised budget reflecting funding adjustments. Should the
modified budget not be received within the specified time, OCED will revise
the budget at its discretion.
OCED in its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A). Revisions to the Scope of Service,, when required, will be
negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this ,contract's
objectives are classified as noted in the Scope of Services shall not require
a contract amendment. '
G.
Disputes
In the event an unresolved dispute exists between the Contractor and OCED, OCED
shall refer the questions, including the views of all interested parties and the
recommendation of OCED, to the County Manager for determination. The County
Manager, or an authorized representative, will issue a determination within thirty
(30) calendar days of receipt and so advise OCED and the Contractor or in the
event additional time is necessary, CED will notify the Contractor within the thirty
rY, fY
`(30) day period that additional time is necessary. The Contractor agrees that the
County Manager's determination shall be final and binding parties.
H.
Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract. .
1.
Minority Participation
In order to gain greater Black business participation, the Contractor may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J.
Proceedings
This contract shall be construed in any manner pertaining or relating to this
contract shall, to the' extent` permitted by law, be held in Miami -Dade County,
Florida.
K.
Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3 -20, the Contractor is aware
that the County has the right to retain the services of an Independent Private
Sector Inspector > General (hereinafter "IPSIG"), whenever the County deems it
-
appropriate to do so. Upon written notice from the County, the Contractor shall
make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no
circumstance shall the Contractor's prices and any changes thereto approved by
'
'i
the County, be inclusive of any charges relating to these IPSIG services. The terms
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of this provision herein, apply to the Contractor, its officers, agents, employees,
subcontractors and assignees." Nothing contained in this provision shall impair
any independent right of the County to conduct an - audit or investigate the
operations, activities and performance of the Contractor in connection with this
Agreement. The terms of this Article shall not impose any liability on the County
by the Contractor or any third party.
L.
Notice and Contact
OCED's representative for this contract is David Sweet. The Contractor's
representative for this contract is Charles Scurr. The Contractor's principal office is
at 6130 Sunset Drive, South Miami, Florida 33143.
In the event that different' representatives are designated by either party after this
contract is executed, or the Contractor changes its address, notice of the name of
the new representative or new address will be rendered in writing to the other party
and said notification attached to originals of this contract.
M.
Name and Address of Payee
When payment is made to the Contractor's assignee, the name and address of the
official payee is: NIA
N.
Waiver of Trial
Neither the Contractor, subcontractor, nor any other person liable for the
j
responsibilities, obligations, services and representations herein, nor any
_
assignee, successor, ; heir or personal representative of the Contractor,
subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or
arising out of this Contract, or the dealings or the relationship; between or among
such persons or entities, or any of them. Neither Contractor, subcontractor, nor
any such person or entity will seek to consolidate any such action in which a jury
trial has been waived. The provisions of this paragraph have been fully discussed
by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented` to any other party that the
provisions of this paragraph will not be fully enforced in all instances.
0.
` All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment B - Budget; Attachment C - Progress Report; Attachment D -
Information for Environmental Review; - Attachment E Certification Regarding
Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all
,i
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the terms and conditions agreed upon by the parties.
a
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IN WITNESS THEREOF, the parties hereto have caused this twenty -five (25) page contract to be
executed by their undersigned officials as duly authorized, this - day of 2000 .
CONTRACTOR: MIAMI -DADE COUNTY
CITY OF S T MIAMI /
BY: L/� BY:
NAME:` Charles D. Scum NAME: Merrett R. Stierheim
TITLE: City Manager TITLE: County Manager
DATE:
ATTEST ATTEST
BY: BY:
TITLE: TITLE: Clerk Board of County
V
DATE: 3 OQ Commissioners
Witne
BY:
'(Signature)
Type of Print Name
n
3
BY._j
(Signs ure)
J ype of larint Name
Federal ID Number:-59-6000394
Contractor's Fiscal Year Ending Dates
Resolution #: -R- 1331 -99
CORPORATE SEAL:
i
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
25 of 25
Attachment A
CITY OF SOUTH MIAMI
FY 2000
SCOPE OF SERVICES
JANUARY 1 2000 - DECEMBER 31, 2000
Project Title: Park Safety Improvements Project
Description: Park safety improvements at Marshall Williamson Park in South Miami
HUD Matrix Code/Title (Eligibility): 03F Parks, Recreational Facilities
570.201(c) - Public Facilities
Accomplishments: One public facility
Funding Source: FY 2000 CDBG
National Objective: 570.208(a)(1) - Low /Moderate Area
Location: 6125 SW 68th Street, South Miami, Florida
Objective: Improve safety and security and reduce crime in the Marshall Williamson Park
through landscaping improvements and the installation of security lighting.
j
Action Steps Quarter of Completion
1. Conduct public workshop for community involvement l st Quarter
2. Secure environmental clearance for site I st Quarter
L
3. Prepare bid specifications 1 st Quarter
4. Advertise project and select general contractor for landscaping 2nd' Quarter
5. Begin landscaping improvements 2nd Quarter
I
6. Complete landscaping improvements 3rd Quarter
7. Begin lighting improvements 3rd Quarter
j 8. Complete lighting improvements 4th Quarter
J
Page 1 of 1
} 'tea- MT"'.r m, --=-;r 5.�- as -,—•°-
Attachment
B
CITY OF SOUTH MIAMI
CDBG 2000
I,
January 1, 2000 - December 31, 2000
DESCRIPTION
FY 2000 OCED
"OTHER
TOTAL
PARK SAFETY
FUNDS
FUNDS
01 Personnel
$0
$0
$0
02 Contractual Services
$0
$0
$0
03 Operating Expenses
$0
$0
$0
04 Commodities
$0
$0
$0
{' 90 Capital Outlay
I
$50,000
$50,000
$100,000
TOTAL
$50,000
$50,000
$100,000
Other funds represent FY
1999 CDBG allocation extended to June
30, 2000
Page 1 of 2
i
Attachment B
CITY OF SOUTH
MIAMI
CDBG 2000,
January 1, 1999 - December 31, 2000
�I PARK SAFETY IMPROVEMENTS PROJECT
DESCRIPTION FY 2000
FY 1999
PROJECT
OCED FUNDS
OCED FUNDS
TOTAL
91110 Land Improvements $0
$25,000
$25,000
94113 Const. Cost - Architect $0
$5,000
$5,000
94212 Other Const. Costs - Admin. $2,000
$0
$2,000
95030 Special Equipment - Tot Lot $45,000
$0
$45,000
99130 Lighting - New & Improvements $3,000
$20,000
$23,000
TOTAL $50,000
$50,000
$100,000
Page 2 of 2
v
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor & Commission
FROM: Charles D. Scur
City Manager
REQUEST
DATE: February 1, 2( Ni
SUBJECT: Agenda #
Commission
Meeting
February 6, 2001
Recio & Associates
The purpose of this memorandum is to seek the approval of the attached resolution for the
renewal of a contract with Recio & Associates for litter removal and landscape maintenance
on sections of US 1 and Sunset Drive.
BACKGROUND & ANALYSIS
The original contract was approved under Resolution No. 287 -98 -1055 (October 20, 1998),
and followed by Resolution No. 56 -00 -10949 (March 2000). The City of South Miami
piggybacked on an existing multi -year contract competitively bid by the City of Coral
Gables (PN/29005). That bid provided for annual extensions at the same contract price.
Recio's & Associates performance and responsiveness during the contract period have been
above satisfactory. This item extends the contract renewal option at the same price for an
additional year.
The cost of renewal of this contract is not to exceed $37,000.00 per annum. Funding for
this disbursement will ,come from account number 001- 2050 -519 -3450, "Contractual
Services ". The balance of this account is $40,000.00.
RECOMMENDATION
Approval is recommended.
Recio new agTe mmt commission 2000 -2001.
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXTEND AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR
LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG
THE US1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN
AREA AT A COST NOT TO EXCEED $37,000.00 FOR THE CURRENT FISCAL
YEAR, AND CHARGING THIS AMOUNT TO ACCOUNT NUMBER 001-2050 -
519.3450, "CONTRACTUAL SERVICES ".
WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids
be obtained for services and or purchases of items over $5,000.00; and
WHEREAS, For the past 12 months the City of South Miami has successfully
employed the contracted services of I7ecio and Associates, Inc. for maintenance of the US I
highway median; and
WHEREAS, Said contractor has performed the contracted services in a better than
satisfactory manner; and
WHEREAS, This contract will service the current fiscal year (October 2000 to
September 30, 2001).
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be awarded to Rico and Associates, Inc. for
$37,000.00 and charging the amount to account number 001-2050 -
519 -3450, "Contractual Services."
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of February 2001.
ATTEST:
CITY CLERK
1: � . i . "r � r .
CITY ATTORNEY
Recio 2000 -2001 Resolution
MAYOR
RESOLUTION NO. 287-98-10555
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH RECIO AND
ASSOCIATES, INC. FOR LANDSCAPE
MAINTENANCE AND LITTER CONTROL 'SERVICES
ALONG THE US MEDIAN, SUNSET DRIVE MEDIAN,
AND THE DOWNTOWN AREA AT A COST NOT TO
EXCEED $36,300.00 FOR THE CURRENT FISCAL
YEAR AND CHARGING $28,500.00 OF THIS AMOUNT
TO ACCOUNT NO. 1750 - 519 -3450 "LANDSCAPE
MAINTENANCE DIVISION — CONTRACTUAL
SERVICES" AND $7,750.00 TO ACCOUNT: NO. 1750 -
519 -4625, "LANDSCAPE MAINTENANCE DIVISION -
LANDS'CAPE IMPROVEMENTS ".
WHEREAS, for the past nine months the City of South Miami has successfully
employed the contracted services of Recio and Associates, Inc. for maintenance of the
US highway median, and;
WHEREAS, as part of Public Works' cost reduction initiative, the current year's
budget includes the expansion of contracted landscape maintenance to cover the Sunset
Drive median and litter removal services for the downtown` district, and;
WHEREAS, Recio and Associates is currently on contract with the City of Coral
Gables through that municipality's competitive bid process, and
WHEREAS, the total cost quoted by Recio and Associates is based upon the unit
costs for landscape maintenance and litter control as provided in the City of Coral
Gables' competitively bid contract.
NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY
COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Public Works Department has obtained the following quote for
landscape maintenance and litter control services based on the Coral Gables
contract number PN/36513, authorized through that municipality's Resolution No.
29005. The following services provided at a cost not to exceed $36,300 annually:
US 1 and Sunset Drive (SW 72nd Street) medians:
Landscape maintenance - 24 cycles /year (2X per mo.)
Downtown district — existing and new planters:
Litter removal - downtown and adjacent US l medians - 52 cycles /year
(IX per week)
Page 2 of Resolution NO. 287 -98 -10555
Section 2. The City Manager be, and is hereby authorized to disburse a sum not
to exceed W,300 during the fiscal year to Recio and Associates, Inc.
Section 3. That this resolution shall be effective immediately after adoption
thereof.
PASSED AND ADOPTED this 20th day of October, 1998,
APPROVED:
MAYOR
COMMISSION VOTE: 4 -0
Mayor Robaina: Yea
Vice Mayor Oliveros: Yea
ATTEST: Commissioner Bethel: Yea
Commissioner Feliu: Yea
Commissioner Russell: Out of room
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolution No. 56 -00 -10949
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTLIORIZING THE CITY MANAGER TO
EXTEND AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR
LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES
ALONG THE USI , MEDIAN, SUNSET DRIVE MEDIAN, AND THE
DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300,00 FOR THE
CURRENT FISCAL YEAR AND CHARGING THIS AMOUNT TO
ACCOUNT NO. 001-2050-519-345 , "CONTRACTUAL SERVICES ".
WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained
for p urchases of items over $1,000.00; and
WHEREAS, For the past 12 months the City of South Miami has successfully
employed the contracted services of Recio and Associates, Inc. for maintenance of the US1
highway median; and
i
WHEREAS, Said contractor has performed the contracted services in a better than
E
satisfactory manner; and
WHEREAS, This contract will service the current fiscal year (October 1, 1999 to
' September 30, 2000 }:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
C01`v MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager, be, and is herel}y authorized to disburse from
account number 001- 2050 - 519 -3450, "Contractual Services` a sum not to exceed
$36,300:00 during the current fiscal year to Reeio and Associates, Inc., and that a
a
purchase order be awarded to the above mentioned vendor.
Section 2 This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 7th day of March 2000
ATTEST: APPROVED:
CITY CLERK
MAYOR
I COMMISSION VOTE 4 -0
READ AND A ROVED AS TO FORM: Mawr avor Fel Yea
Vice Mavor:Feldu: Yea
Commissioner Bethel: Yea
A,-
Commissioner Russell: Out of room
ATTORNEY Commissioner Wi scombe : Yea
Scriveners error 4/12/00
r~
CONTRACT
)5,-r
THIS at REEMENT, made and entered into this fifty ofi` r X� At:[� r:
2by and between the City of' South Miami, Florida, a municipal corporation of the State of
Florida, patty of the first part, (hereinafter sometimes called the "City "), and Recio & Associates.
Inc. party of the second part, (hereinafter sometirttes called the "Contractor " ).
WIT NESSETH: That the parties hereto, for the considerations hereinafter set forth,
n'ntualk ai-rcC as fb!lu1vs-
ARTICLE 1. SCOPE OF WORK- The Contractor shall furnish all labor. materials and
equipment arid perform all the work in the manner provided by the Contract Documents, for the
project entiticd;
LA'vU;;CAPE MAINTENANCE SERVICES AND LITTER REMOVAL
AT r OLLOWINGY AREAS:
I. US 1 iFROINI SW 57�" AVENUE TO S «' SOT" STREI I
2. SUNSET DRIVE (SE 72ND STREET) FROM US '1 TO S, W. 69"" AVE.
3. DONWTONW DRISTRICT AND US 1 N''IEDI ANS FROM 57""
AVENUE TO S. W. 74 r"' STREET -L f:er Remoiwl OWI
ARTICLE 2. ,CONTRACT SUttiI: The City shall pay to the Contractw, for the. faithful
t pc:r2ormance of the Contract, in lawful money of the United Statc:-..ind sithiewt additions and
deductions and bas :d on unit prices (where applicable), all as provrd�-d in the Contract
Doc in tliC Sum of:
THIRTY SIX THOUSAI D AIYD 00 /100 DOLLARS ff3L6,3.00)
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: ill accordance wits: thy;
provisions fully 'set forth in the "General Conditions" of the "Specifications ", and subject to
additions and deductions as provided, the City shall pay the Conrractor as follows:
CONTRACT
a) Can or before the 10" day of each calendar month, the City shall make partial
payments to the Contractor can the basis of a duly certified and approved Estimate of'
Work, performed during, the preceding calendar month by the Contractor.
b) Payment, on account of the Contractor of all work shall make this Agreement within
thirty (30) days after completion covered by this Agreement,
ARTICLE 4. TIME, OF COMPLETION: The Contractor shall commence the work to
be performed under this Contract within ten (10) consecutive calendar days after the date of
written notice to proceed from the Director of the Department of Public Works,
ARTICLE S. CONTRACT DOCUMENTS: All of the documents hereinafter listed
farm the Contract and they are as fully a part of the Contract as if hereto attached, or repeated in
this Agreement:
1- Contract
c, Special Previsions (Addendurn 1)
3. Certificates of Insurance
4.. Plans: As prepared by the City of South Miami Depagrnent of public „Works
Entitled. Landscape Maintenance of US 1 from SW 574157411 Avenue to SW_
80`h Street: Sunset 17rive (S. 1k', 72 "� Street) from US 1 te, S W. 691"
Avenue: Downtown District planters and US l Medians from SW, 57`a
Avenue to S.W- 74`h Street - litter rsrrra.uir' urrlu.
7
,.:, _ PTf ,
IN WITNES }S WHEREOF the parties hereto have executed this Agreement on the day
and date first above tiwitten in five (5) counterparts, each of, which shall, without proof or
clCCo untirig for the Other c.ounteij)arts, he deetned an original Contract.
(SEAL)
ATTEST
BY', _
Title:
'YVITNFSS: (If a Corporation, attach
Seal and attest by Secretary)
Title. t
THE CITY OF SOUTH MIAMI, FLORIDA.
Party of the first Part
Title.:
RL;CIO & ASS CI `I' S 1' iC',
Party of these and
By:
Title:
Frnploy r Te 59 -143 286
A UD U4 ND UM I
I SPECIAL PROVISIONS
I'l DEFINITION
"11'e Purpose of this division is to provide coverage for all Condns
to this Contract
a
where such coverage is not Provided for in the other portions of
the Contract Documents, pplicable
Provi
In case of an'V conflict with the Provisions Of Other POrtions of the Contract
Docunjent.s, the
addenda i-s!.�jjcd subsequent of this division will Prevail
quent to Publication of these Contract amended it,
1-2 DESCRIPTION OF WORK Docullierits,
The Work consists Of fUmishing all labor, materials and
mowing /cutting., Pruning, tri equipment to maintain
68h,-of-way medians On., . IMnling, weeding, rcmoving litter, the landscaped
US 1 frOrn SW 57ee Avenue to 814, So fj t
Sunset Drive (S. W. 72"' Street) from Street
Downtown District Planters and LIS 1 tO5.
W. 69" Ave.
,57th s .1 Medi
enue to S. W. 74" Street — litter .,,.0 ans from s.w.
Also, the work in the 'C'ty of South Miami, Florida Pal only
with includes removal /replacement Of dead
such materials to be supplied by tile Or diseased
I plant material,
specific changes to the Contract. City, unless otherwise indicated in .
1.3 DESCRIPTION OF PROP0,SAL
Base Bid is the total ofth - I
e P"'ces quoted for item I
Pr1`0 osal ItCM 1,
-� �oul ItCM I Is for the furn,
maintain by mowing/cutt* Ishilig of all labor, materials
mowing/cutting, Pruning. trimming, and equipment to
landscaped right-of'wa �,ding, rernovin 1
'y medians on: Wee 9 litter, the
US I fr0fl' SW 57" Avenuv to SW 801h
Sunset Drive (S. Street
Downtown W. 72" Street) fron, IS I to S
District Planter$ and Us I Median's frorn S. W.
S. VV. 74th
57" Alvenue. to, Street W. 69" Ave.
— lifter re)?joval 0/1&
Also, the work - in the City of South Aliarni, Florida
Includes removal
"vill"I such materials to /reflacemerlt of dead or diseased Plant Material,
sPeL'iflc changes to he be 511PPlied by the City,
Contract. unless
Plant
itldicated in
4
.................................... ------------ ------
FROM FHi HE HID. J fi-. _ _ `�G1 12' 35
Fh�l
` F._
rALit.)MINUU I
LCIAL PROVISIONS
1.4 DURATION AND RENEWAL OF CONTRACT
The City reserves the right to renew or terminate the maintenance
contract at the and of the municipality's 1997 -1998 fiscal year, which ends on
September 3(f, 1998, on a fiscal year (October 1" to September 30 )bans up
to a period of five (5) years,
1 -:5 SUPERVISION
It is not the City's intention nor responsibility to coordinate the many activities
of the Contractor necessary to complete a project. The City's responsibility
is to see that the project is carried out in accordance with the Plans and
Specifications.
1.6 REVISIONS TO GENERAL. CONDITIONS
It the COntractor's performance of this Contract is delayed by acts of the owner
or other subcontractors, suppliers and: contractors, materialmen, architects
and /or enginoem, the Contractor may request an extension of time from the
City, in writing, within twenty ( ) days of the event by which the delay
occurred, but the Contractor shad not be entitled to an increase in the contract
prior claims or damages because of the deiay or bemuse of any acceleration
in its work.
1,1 SAFETY ON AND OFF THE JOB SITE
In performing the scope of work, all safety on or off the jab site shall be the sole
responsibility of the Contractor. The City shall not be responsible for safety on
or cuff the job site. The City's on -site observations or inspections shall be only
for the purpose of verifying that the maintenance Specifications are being
implemented properly. The City's on -site observations or inspections are not
for safety on or off the job site. The Contractor must provide barricades and traffic
control devices as he dooms necessary dr as maybe required by the governing
agencies or as directed by the City to protect the work, workmen and the general
public while conducting the work.
Page 2 of 6
f
i
� W. n_. �., _ . r
FRICIM
............. ................................................................ ...... ........ ............. ...............
1.8
PHIDAE NO.
Appok
.."/ AnnFNnUM I
SPFCIAL PROVISIONS
TRAFFIC CONTROL
Jan. 21--3 2001 12:36PM P6
I
The Contractor shall, at his cost, observe all safety regulations including the
Placing and displaying of safety devices, provisions of Police to control traffic, etc
as may be necessary in order to conduct the public through the project area in
accordance with the F - 0 - 0 T,'s "Manuai on Traffic Controls and Safe Practices for
Street Highway Construction, Maintenance and Utility Operations"
The Contractor's attention is directed to the fact that work may be performed on a
limited access roadway, with speoial regulations pertaining to this system. Upon
completion of a contract each day, all equipment shall be promptly removed from
the job site.
1.9 INDEMNIFICATION
The Contractor covenants and agrees to inderrinifj and hold the City harmless for
any death of or injury to persons or damage to or loss of property which may occur
as a result of the Contractor's performance under this Agreement,
1, 10 INDEPENDENT CONTRACTOR
The Contractor is an independent contractor uncler this Agreement. Personal
services provided by the Contractor shall t>e by employees of the Contractor and
subject to supervision by the Contractor, and not as officers, employee$, or agents
of the City Personnel policies, tax responsibilities, social security, health
insurance, employee benefits (if applicable), purchasing policies and other similar
administrative procedures appiicable to goods and services rendered under thiu
Agreement zhall be those of the Contractor,
Page 3 of 6
ADDENDUM -1
SPECIAL PROVISIONS
1.11 UNc,ONTROLLABLE CIRCUMSTANCES ('Force Majeure")
The City and Contractor will be excused from the performance of their respective
obligations under this agreement when and to the extent that their performance is
delaY,Qd or prevented by Ony circumstances beyond their control including fire,
flood, explosion, strikes or other labor disputes, acct of Goad or public emergency,
war, riot, civil COmmolion, malicious damage, ad or omission of any governmental
authority, delay or failure or shortage of any type of transportation, equipment, or
service from a public utility needed for their performance, provided that:
a) The non performing party gf', 44 the other party prompt written notice
describing the particulars of the Force Majeurs including, but not limited
to. the nature of the occurrence and its expected duration, and
continues to furnish timely reports with respect thereto during the period
of the Force Majeure;
b) The excuse of performance is of no greater scope and of no longer
duration than is required by the Force Majeure,
c) No obligations of either party that arose before the Force NMajeure
causing the excuse of performance are excused 'as a result of the ,Farce
Majeure; and
d) 'The non- perforrf rig party uses its best efforts to remedy its inability to
perform.
NotvAthstanding the above, performance shall not excused for a period in excess
of two (2) months, provided extenuating circumstances, the City rn2v excuse
perforrrtance for a longer term. Economic hardship of the Gontractoar will not
constitute Force Majeure, The term of the Agreement shall to extended by a
Period equal to that during u+hich either party's performance is suspended under
this prOVision of the Agreement.
Page 4 of a
i
ADDENDUM
SPECIAL PROVISIONS
1.12 Assignment
Neither this Agreement, nor any portion thereof unlesr, ctherWfe authorized
herein, shall be aS$iqned'Wthout the formal consent of the City Manager or
appointed degignae. No such approval vAll be construed as making the City a
Party of or to such assignment, or subjecting the City to liability of any kind to any
assignee even if subcontracting is authorized herein. No stibContracting
agreement -shall, und6r any circ: tances, relieve the Contractor of any liability cr
obligation under this Agreement-
1. 13 PERMITS
Contractor shall have the solo responsibility, at its sole Cost and expense, to
secure all necessary, Dade County, State, and Federal licenses and permits for
the performance of this job,
1,14 CONFORMITY TO LAW
Contractor shall comply with all applicable laws, ordinances, regulations, and
orders of Federal, state, County and municipal authorities pertaining to
Coritractoris parforman� under this Agreement. The Contractor covenants and
agrees that there will be no discrimination as to race, color, cr 0 a d, or national
origin in the Contractor's performance of the Agreement. -
1.15 DEFAULT
In the evert Of the breach of any of the 00venants of the Agreement by the
ContFactor, and such breach is not cured Or corrected within thirty (30) days after
rece[Pt of written notice of the breach, then the City shall have the right to
terminate this Agreement at the expiration of the thirty (30) day notice.
Page 5 of 6
4
I
4
ADDENDUM
SPECIAL PROV1,91ONS
'1.161 FINAL REPOSITORY,
The Patties mutually represent and warrant to each other that this AgreOment,
Consisting of Paragraphs I I through 1. 19, inclusive, constitutes
repository of the p 4' the final
artiOs On its subject matter and may not be changed, Modified,
discharged or extended exc*pt by written instrument duty executed by the parties.
The parties agree that nQ Previous representations or ,Warranties shall be Wndmg
upon either party nor has the execution of this AgrL-ement been induced on the
Part of any Party except as expres-sed in writing in this Agreement
1.17 NONWAIVER
Failure of the UY to insist upon the strict performance Of the cQvenant3,
conditions, and agreernonts Of this Agreement in any One Or more instances,
not be construed as 0 Waiver or relinquishment in the future Of any such shall
covenants, Conditions and agreements,
1,18 INDEMNITY AGAINST COSTS AND CHAR<3E$
In the event Of any litigation conceming this Agreernent, the prevailing part @I
be entitled to recover from the losing party ail reasonable costs Y shall
fees through all appeals. and attorney's
1.19 LITIGATION VENUE
The Parties waive the privilege of venue and agree that all litigation betNean them
in the state courts shall take place in, Bede County, Florida, al.')d that ail
bOtween therr; in the federal courts itigation
for the State 0 Florida. rts shall take Place in the SOuthern District in and
Page 6 of 6
............................................. ................................... .................... ......................... . ................ . . ........ .......
e
• LNGORPORATER
1927
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor
and City Commission
MEMORANDUM
Date: February 6, 2001
From: Charles Scurr Re: Agenda Item
City Manager Appointments to Junior Commission For
Women
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND
COMMITTEES; APPOINTING HANNAH MCCREA AND BIANCA
CAVIGLIA TO SERVE- ON THE JUNIOR COMMISSION FOR WOMEN.
FOR A TWO YEAR TERM ENDING FEBRUARY 6 2003 OR UNTIL
SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING
AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina appoints Hannah McCrea and Bianca
Caviglia to the Junior Commission For Women for two -year terms ending February 6, 2001.
RECOMMENDATION
Approval is recommended.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND
5 COMMITTEES; APPOINTING HANNAH MCCREA AND BIANCA
6 CAVIGLIA TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN
7 FOR A TWO YEAR TERM ENDING FEBRUARY 6, 2003 OR UNTIL
8 SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING
9 AN EFFECTIVE DATE.
10
11 WHEREAS, The Mayor and Commission recognize the important
12 contributions made by those who serve on the various city boards
13 and committees, and wish to appoint a full complement to each of
14 the active boards and committees; and
15
16 WHEREAS, the city Commission desires to appoint Hannah
17 McCrea and Bianca Caviglia to serve for two year terms on the
18 Junior Commission For Women. Appointments shall expire February
19 6, 2003 or until successors are duly appointed and qualified.
20
21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1. The City Commission hereby appoints Hannah
25 McCrea and Bianca Caviglia to the Junior Commission For Women.
26
27 Section 2. The expiration date of appointments shall
28 expire February 6, 2003 or until successors are duly appointed
29 and qualified.
30
31 Section 3. This resolution shall take effect immediately
32 upon approval
33
34
35 PASSED AND ADOPTED this day of , 2001.
36
37
38 ATTEST: APPROVED:
39
40
41
42 CITY CLERK MAYOR
43
44
45 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
46 Mayor Robaina:
47 Vice Mayor Feliu
48 CITY ATTORNEY Commissioner Russell:
49 Commissioner Bethel:
50 Commissioner Wiscombe:
51
-. iex_✓ r ��':fi,. 4. SP�tr:"
A�
qu
CITY OF SOUTH MIAMI JUNIOR BOARD /COMMITTEE APPLICATION
6130 Sunset Drive
South Miami, FL 33143
1. Name: Q
2. Home Address:
3. Name of School:
-` :school Address:
lease ri t)
Phone No. 305- 663 -6340
Far No. 305 -663 -6348
5. Home Phone No, Date of Birth:
6. Are you a res tof the C' ' yes n No
7. PLEASE ATTACH THE FOLLO`VING TO APPLICATION:
a. Two letters of recommendation from current or former teachers
b. One letter of recommendation from an adult other than a family member
C. Copy of last report card.
d. Proof of participation in at least one extra- curricular activity.
8. Ethnic Origin?
An-lo American African American Hispanic American Other
Signature,._'4 y wt i _._
Date
— Applicant
Signature_ Date s
Parent/ uardian
State of Florida
County of Miami -Dade
_ r
Sworn to (or affirmed) before me this *`_.` day of Io_'_, by
(seal of Notary)
Signature of Not
�,. Printed Name of notary
Personally known Z OR produced identification
Type of identification produced
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED
--
5724 SW 131 Terr, Miami R 33156
ftx
To: Vincent De Caria
Fam
Phone:
Re:
Dear Mr. De Caria ,
From: Bianca Caviglia
Pages:
Date: 10 -25 -00
CC: [Click here and type name],
Thank you so much for your letter of recommendation
I am forwarding additional papers that were needed to complete the City of South Miami Junior Board
Committee Application. This will complete the required paperwork. Please turn in the notarized
application form and additional documents on my behalf.
Thank you again,
9
Bianca S. Caviglia
V
Gulliver Schools
Gulliver Preparatory School
6575 North Kendall Drive Miami, Florida 33156
Phone: 305-666-7937 Fax: 305 - 665 -3791
Interim Report
Mr. and Mrs. Alex Caviglia Bianca S. Caviglia
5724 SW 131 Terra Academic Year: 2000 -2001
Miami, FL 33156 Date: Oct 6, 2000
Interim Report
EFFORT: CONDUCT:
Counselor: Ms. Merle Kravetz 1 Exceeds Expectations 1 Excellent
2 Meets Expectations 2 Satisfactory
3 Needs Improvement 3 Needs Improvement
4 Unsatisfactory 4 Unsatisfactory
GRADE EFFORT CONDUCT
SECTION ID COURSE INSTRUCTOR TO DATE TO DATE TO DATE
ENG1108 -07 British Literature I13 Mrs. Eleanor Crowder B 2 2
Bianca earned a C+ on her vocabulary test: her other major grades are B's. She appears to be enjoying her IB
classmates.
FLG0923 -01 French 1 Mrs. Leann Kurzner B- 2 1
Bianca (Isabelle) is making average progress for her potential. I would like to see her in tutorial when
needed. She is putting forth extra effort in some areas, but she needs to remember her books on a daily basis.
I look forward to working with her this year_
MAT 1103 -04 College Algebra & Trig Ms. Kathleen O'Malley B 1 1
Bianca is always willing to put forth effort, even though some concepts are difficult.
SCI 1134-02 Biology IB HL Mr. Joseph DeWitt C+ 1 1
In addition to the course work, we have stressed the importance of recognizing patterns, making conceptual
connections and writing clear expository essays. Bianca needs to practice these skills on a daily basis. Rote
memorization of terms is not sufficient preparation at this level. She needs to make abetter effort to see the
big picture instead of memorizing isolated bits of information.
SOC1112 -06 U.S. History IB Mr. Virgil Rogers B- 2 2
Bianca is a lively participant in this course. Her oral contributions are always insightful and contribute to the
knowledge of her classmates. I will work with her in building organizational and writing skills.
Additionally, I will spend time with her separating major themes from supportive data. Her written
assessments have been at the "B -" level. At times, she seems to experience difficulty in focusing during
class. This should be a major and immediate target area for her in terms of academic growth.
SOC 1 i 5 i -08 Theory of Knowledge us Dr. Clifford a:da A 2 1
As of yet, we have no formal grades. But Bianca seems genuinely interested and engaged in the course
material. She is a very pleasant young lady, and I look forward to the rest of the year with her in this very
challenging course.
cornb►nri ofi ! art 'and;pcts activft
uni; r" "snd 5sninr yea, s anti tie G2tndic
cal��d l`hes�ry",of Kn�avu�ett" ;fie
aft+ t sb d lh Graduated i3�n 1, �4n a
Bianca was JO:
s4phc�m "ore y drt "Fhb diifiicu�ty of
tc hadl #h sub�e�ct �tti�ttst, arid;
,succeed;�r� tie exarn�na►t�a;�n g+�ua
SENT BY: CITY CLERK;
1AKPAIMIAD-
OCT-i7-00 4:49PM; PAut i1i
WY OF SOUTH MIAMI
parks & Recreation Dept., 6130 Sunsek Drive, South Miami, FL 33143
To Whorn It May Concan:
It is my distinct pleasure to vaile this letter of recommendation for Bianca Wslia. My contact
with Bianca has been through the "Girls Hower Project," a soccer prograin, which she founded-
This program makes it possible for individua)s from economically challenged areas to experience
the opportunity to leash ' the skills vwessary to play soccer and participate in an exciting and
rewarding town sport. It is a proven fact that female athletes do better academically and havca
lower school dropout rate. Physical activity enhances the individual's mental health and
improves self-esteem. Bianca initiated this program with the help of Nwni Premier Soccer, the
club team for which the plays, and the City of South Miami's Park and Recreation DepwWent.
She founded this program at the beginniog of her freshman yea in high school. This
demonstrates an unusual WWI of maturity and dedication for someone so young. Since it was
founded the program expanded and other players and clubs have joined the effort by collecting
shoes and initiating Aind raising activities, Local women organizAtions have recognized the
merits of this program and awarded a $3,000 grant. She was instrumental in obtaining the help
of local soccer organizations and college coaches in the area of instruction, free clinics and
league participation in order to assist the girls in developing their talent and soccer skills.
Bianca was able to achieve this while enrolled in the very demanding, college prep9ratory
International Baccalaureate Prograai at Coral Gables Senior Ifth School, She recognins that
by volunteering -heir time and offorts to help Ifte the girls in the South Miami Community a
chance to play. evcrycinc is a. winner, As members of a diverse community she realizes that we
all must play a part in ;ihapiq; the likes of tomorrow's women. As demonstrated by her activities
she is a goal driven individual and will rio doubt experience success in her chosen career. I know
that wherever she goon she will take with her the lessons learned by participating in conipetitive
soccer and the pride that comes from baying played a part in giving others a chance to be a pan
of sometbing positive in spita of the risk famrs in their lives. I highly recommend Bianca for
your consideration as it City of Sou0i Manii Junior Board/Committee Member.
Cordially,
inVA-owv
cent Do Wa
PAR.E. Program Diri.—Oor
CITY OF SOUTH MIAMI JUNIOR BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305 -663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: r) Qd h c 0,een
(Please print), ��----rr S 14 C
2. Home Address: R-
e
3. Name of School• � "r C m l
4.
5.
6.
7.
8.
School Address: (c G S(,) ►���'
Home Phone No. Date of Birth: S / /
Are you a resident of the City? Yes V No
PLEASE ATTACH THE FOLLOWING TO APPLICATION:
a. Two letters of recommendation from current or former teachers
b. One letter of recommendation from an adult other than a family member
C. Copy of last report card.
d. Proof of participation in at least one extra- curricular activity.
Ethnic Origin?
Anglo American ZAfrican American _ Hispanic American Other
Date`
Date
State of Florida
County of Miami -Dade
Sworn to (or affirmed) before me this day ofd, 20, by
(seal of Notary)
,y��Yrrc
RONETTA TAYLOR
Signature of N
MY COMMISSION # CC 616863 g rY
_° EXPIRES: May 18, 2001
'•F'F in,`Q Bonded Thro Notary Public Underwdters
Printed Name of otary
Personally known OR produced identification
Type of identification produced
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED
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SOUTH MIAMI SENIOR HIGH SCHOOL
THOMAS L. SHAW
PRINCIPAL
December 5, 2000
City of South Miami
Junior Women's Committee
To whom it may concern:
6856 SOUTHWEST 53RD STREET
MIAMI, FLORIDA 33155
(305) 666 -5871
ROGER CUEVAS
SUPERINTENDENT
MIAMI -DADE COUNTY PUBLIC SCHOOLS
I am pleased to have this opportunity to recommend Hannah McCrea for membership in the City of South
Miami's Junior Women's Committee. She is both and excellent student and an outstanding leader here at
South Miami Senior High. I have known Hannah for the past year and a half and she has impressed me
with both her keen intellect and energy. She was a leader in my Advanced Placement European History
class, both with her grades and participation.
Hannah has also become one the student leaders of our school. She is very active in both the Student
Government' and the Class of 2002's government. She is currently the coordinator for the Junior Ring
Ceremony. This is a very large and important event here at South Miami Senior High. Hannah attends
and participates in running almost all school events sponsored by the Student Government or the Junior
Class. She has received a number of awards for outstanding leadership.
Hannah is also involved in many other school programs such as the National Honor Society and several
subject area honor societies. She has been on the Principle's Honor Roll or the Dean's Honor Roll since
her freshman year. As one of our school's Advance Placement students, Hannah does well in very
difficult and challenging courses. She has also participated in the school's athletic program and a member
of the girl's junior varsity soccer team last year. Hannah has also volunteered as a tutor at the After
School House.
In all, Hannah is an outstanding student, leader, and individual. She is a hard worker, creative, and very
reliable. She is a valuable member of our student body. Hannah is a young woman with both strong and
good values and character. I would not hesitate to recommend her for any program.
Sincerely,
ud rum,
Social Studies Teacher,
Sponsor of the Class of 2001
THOMAS L. SHAW
PRINCIPAL
SOUTH MIAMI SENIOR HIGH SCHOOL
6856 SOUTHWEST 53RD STREET
MIAMI, FLORIDA 33155
(305) 666 -5871
December 4, 2000
To The South Miami Junior Women's Commission
ROGER CUEVAS
SUPERINTENDENT
MIAMI -DADE COUNTY PUBLIC SCHOOLS
A quick glance at Hannah McCrea's resume would let you know she is not taking
the easy route through school. Her schedule is filled with gifted/honors classes, multiple
advanced placement courses and many extra- curricular activities. Consequently, it is no
surprise that she wishes to become involved in an active community organization.
I have,known Hannah for two years. As a student in my English IT Honors Gifted
class, she was a thoughtful and articulate participant. Our class was a rigorous course
that depended heavily on class discussion of literary topics and issues. Hannah was very
vocal in raising questions and arguing her points. Her questions and comments always
reflected a strong, analytical understanding of the topics. Every assignment I received
from Hannah showed her desire to do her best. Very often she turned in work that far
exceeded the requirements.
Hannah has a tremendous desire to do well and is proactive in seeking
opportunities to ensure her success. She will be a rich asset to your organization.
If you need any further information, please feel free to contact me.
Very truly yours,
Susan McAllister
English Teacher
Gifted Department
DAP-5 AJUZEL,L CITY OF SOUT H MIAMI MAILING ADDRESS:
DiREC2OR THE AFTER SCHOOL HOUSE 6131) SUNSET DRIVE
Gk 21 SW 68 STREET S01171 MIAMI, PT, 33143
SW 11 [ MIA-M2,171, 3324:3
305,1667-0555
December 6, 2-000
Dear Sir or Madam,
We at the After School House sincerely appreciate the hours of volunteer work
that Hannah has performed. She has truly performed a vital service that benefits
our community by tutoring and mentoring elementary and middle school
students.
Hannah McCrea has performed 40 hours of service at the After School House
between May of 2000 and December-of 2000.
Please accept our heartfelt appreciation for her help. Hannah proved to be a
very valuable tutor, her dedication and patience_m ith -the students-made -her �n
example for many of the other tutors. She emulated_ a kind of quality that can
only be an asset in her endeavors, whatever they - maybe. She_. demonstrated a
great potential for working with children, volunteers, other staff and management.
During the time she spent working at the After School House, she_demorLst -rated
maturity, responsibility and determination. Her ability to communicate and
effectively motivate other is another great quality that J,persofmfly_ -o served. _ _It
was an absolute pleasure to have Hannah as a tutor at the After School House
Cordially,
Daisy rrell
Director
City of South Miami
INTER- OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor Date: January 24, 2001
and City Commission
FROM: Charles Scurr, Re: Agenda Item # �+
City Manager Comm. Mtg 2 /6/01
The rental of three auto -
mobiles for undercover
police operations.
RE UEST
Approval of the rental of three automobiles to continue undercover police operations.
BACKGROUND AND ANALYSIS
The Police Department engages in various undercover and surveillance operations
through the Special Investigations Unit. Street level crime interdiction and drug
enforcement are both performed by the officers of the SIU.
Vehicles can only be used for a short period of time before they are identified. Hence,
the Department is continuously turning in these vehicles for different ones. This ability
allows the unit to remain operating at optimum performance.
Royal Rent -A -Car has the Miami -Dade County contract for these vehicles. Funding for
two of the vehicles will be from account #1910-521-3450 (Contractual) in the amount of
$15,312 and $7656 from account #615- 1910 -521 -4400 (Rentals and Leases) (Federal
Forfeiture).
RECOMMENDATION
Your approval is recommended.
CS /GF /sh
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE CITY MANAGER TO DISBURSE A SUM NOT TO
EXCEED $15,312 FROM ACCOUNT #1910 -521 -3450
(CONTRACTUAL) AND A SUM NOT TO EXCEED $7,656
FROM ACCOUNT #615 -1910- 521 -4400 (RENTALS & LEASES)
(FEDERAL FORFEITURE) TO ROYAL RENT -A -CAR
SYSTEMS OF FLORIDA, INC. FOR RENTAL OF THREE
VEHICLES FOR 12 MONTHS, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Police Department is committed to addressing crime
problems through various proactive programs; and,
WHEREAS, one such program is the Special Investigations Unit made up
of police personnel in plainclothes and in unmarked vehicles; and,
WHEREAS, the Police Department is in need of three rental vehicles for
this endeavor; and,
WHEREAS, Royal Rent -A -Car is the source for rental vehicles for the
Miami -Dade County Police Department.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA;
Section 1. The City Manager is authorized to expend an amount not to
exceed $15,312 from account #1910 -521 -3450 (Contractual) and a sum not to
exceed $7,656 from account #615 -1910- 521 -4400 (Rentals & Leases) (Federal
Forfeiture) to Royal Rent -A -Car Systems of Florida, Inc. for the twelve month
rental of 3 automobiles.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of '1999.
ATTEST: APPROVED:
CITY CLERK MAYOR
Additions shown by underlining and deletions shown by everstrikin .
1
2
Commission Vote:
3 READ AND APPROVED AS TO FORM:
Mayor Robaina:
4
Vice Mayor Feliu
5
Commissioner Wiscombe:
6 CITY ATTORNEY
Commissioner Bethel:
7
Commissioner Russell:
8
Page 2 of 2
0 U T--'Q
INCORPORATED
192 7
0 R tV O
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scurr
City Managerft'
REQUEST
MEMORANDUM
Dater February 6, 2001
Re: Agenda Item
LDC Amendment
Community Service Overlay District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI FLORIDA, RELATING TO A REQUEST TO AMEND SECTIONS 20-
9.1 AND 20-9.3 OF THE LAND DEVELOPMENT CODE TO INCLUDE IN THE
COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY
IDENTIFIED AS LOTS 5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET
(NORTHEAST CORNER OF SW 64TH STR. AND SW 59TH PL.), AND TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES
FROM "RS-4," SINGLE FAMILY RESIDENTIAL TO "RS-4 (CS-OV)", SINGLE
FAMILY RESIDENTIAL, COMMUNITY SERVICE OVERLAY DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Mt Olive Missionary Baptist Church, is requesting a zone map change from "RS-
4" to "RS-4 (CS-OV)" Community Service Overlay District zone for a site consisting of three
church owned lots as legally described above. The purpose of the request is to permit the
construction of a one story Sunday School building across the street from the main church
sanctuary building.
BACKGROUND COMMUNITY SERVICE OVERLAY DISTRICT
The Community Service Overlay District, which is Article IX (Section 20-9) of the Land
Development Code, was adopted in 1997 by the City Commission in order to provide a method
mr
Tp- M
LDC Amendment - Community Service Overlay
Commission Meeting: February 6, 2001
Page 2 of 4
whereby community —based service organizations could respond to special needs of the
community (Charrette Too Study Area).
The technique developed was an overlay zone, which allows for additional uses that are not
permitted or provided for in the underlying single- family use districts. The overlay zone allows
for a number of uses, such as churches, temples, community residential homes, and day care
centers, as permitted uses, and other uses such as ACLF's, funeral homes, and schools as special
uses requiring public hearings before the Planning Board and City Commission. The applicant's
proposal to build a Sunday School structure serving the church requires the site to be included" in
the Community Service Overlay District necessitating the subject application (Section 20 -9 LDC
Community Service Overlay District, is attached)
SITE ANALYSIS
The applicant's proposed site consists of Lots 4, 5, 6, and 7 (Block 4, Amended Plat of Hamlet),
and is located at the northeast corner of SW 60' Street and SW 59th Place. The subject
application, however, is to change the zoning on Lots 5, 6, and 7 from RS -4 to RS -4 (CS -OV).
In 1997, at the time the Community Service Overlay District was created, all of the church's
property was placed in the overlay district, including Lot 4, which is part of the site now
proposed for development.
The development site is .3 acres (12,789 sq. ft.). Lots 6 and 7 are vacant parcels, and Lot 5 is
improved with a one story single- family structure. The following is a zoning and use analysis
for the properties surrounding the subject site:
Zoning
North RS- 4,Single Family Residential
West RS -4 Single family Residential
CS -OV
South NR, Neighborhood Retail
East RS -4, Single family Residential
PROPOSED DEVELOPMENT
Existing Use
Vacant ,right of way, residential
Church
One story neighborhood retail store,
Vacant parcels, residential
One story, single family homes
The applicant is proposing a new one- story school building and the remodeling of the existing
structure to include uses accessory to the school function. The new addition will have 3396 sq. ft.
to be added to 1015 sq. ft. in the existing building, for a total development of 4411 sq. ft. The
applicant has ,submitted a site plan and floor plan, which are attached. A detailed review of the
site plan will be part of a subsequent Special Use application, which will follow the adoption of
the proposed zone map change.
LDC Amendment — Community Service Overlay
Commission Meeting: February 6, 2001
Page 3 of 4
STAFF OBSERVATIONS
1) The applicant , Mt. Olive Missionary Baptist Church qualifies as a community -based service
provider in the Charrette Too Study Area and is eligible to apply for the placement of the CS -OV
zoning district on property owned by the church, as specified in Section 20 -9.1 of the Land
Development Code.
2) The proposed development of a building to be used as a church Sunday school is an allowed
special use in the Community Service Overlay District as specified in Section 20- 9.6(B).
3) The proposed zoning change and the proposed use is compatible with the existing zoning
pattern and with other uses in the immediate neighborhood.
4) If the proposed zone change is approved, the applicant will be required (Section 20- 9.6(B) ) to
submit a special use application for approval by the Planning Board and City Commission after
public hearings. A detailed review of the applicant's site plan will be part of the special use
approval process
SPECIFIC AMENDMENT
The placement of a CS -OV zoning district on the applicant's property is accomplished by the
adoption of an ordinance amending the Land Development Code. The ordinance will :
a) modify Section 20 -9.3, Boundaries, by including the written legal description of the
three parcels;
b) modify the boundary map Figure 20 -9.1, to include the three parcels;
c) Amend the City's Official Zoning Map by changing the zoning on the three parcels
from "RS -4" to "RS -4 (CS -OV)'.
PLANNING BOARD RECOMMENDATION
The Planning Board, at its December 12, 2000 meeting, approved the proposed amendment by a
vote of 7 -0.
LDC Amendment — Community Service Overlay
Commission Meeting; February 6, 2001
Page 4 of 4
RECOMMENDATION
The subject ordinance was approved on first reading at the City Commission meeting of
January 9, 2001.
It is recommended that the request to change zoning of Lots 5, 6 and 7, Block 4, Amended Plat
of Hamlet, from RS -4 to RS- 4(CS -OV) be adopted on second reading, subject to the submission
of a Unity of Title, as required by Section 20 -9.11 of the LDC.
Attachments:
Draft' Ordinance
Application
Letter of Intent
Property survey and location maps
Site plan
Floor plan
Public notices
Planning Board Minutes, 12/12/00
Section 20 -9, LDC
�- �
CDS/ B /RGL /SA'Y�
D: \Comm Items\2001\2 -6 -01' \LDC Amend CS -OV CM report.doc
fa
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI FLORIDA, RELATING TO A REQUEST TO AMEND SECTIONS
6 20 -9.1 AND 20 -9.3 OF THE LAND DEVELOPMENT CODE TO INCLUDE IN THE
7 COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES ;LEGALLY'
8 IDENTIFIED AS LOTS 5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET
9 (NORTHEAST CORNER OF SW 64TH STR. AND SW 59"H PL.), AND TO AMEND
10 THE OFFICIAL ZONING MAP OF , THE CITY OF SOUTH MIAMI BY
11 CHANGING THE ZONING USE DISTRICT FOR THE SAME LEGALLY
12 IDENTIFIED PROPERTIES FROM "RS -4," SINGLE FAMILY RESIDENTIAL TO
13 "RS- 4(CS -OV)" SINGLE FAMILY RESIDENTIAL, COMMUNITY SERVICE
14 OVERLAY DISTRICT, PROVIDING
FOR SEVERABILI
TY . VIDING F O R PRO
15
ORDINANCES IN CONFLICT; AND PROVID ING AN EFFECTIVE DATE.
16
17 WHEREAS, application No. PB -00 -019 was submitted to the Planning and Zoning Department
18 by the Mt. Olive Missionary Baptist Church said application requesting to amend Sections 20 -9.1 and 20-
19 9.3 of the `Land Development Code to include in the Community Service Overlay District properties
20 legally identified as Lots 5 thru 7, Block 4, Amended Plat of Hamlet (northeast corner of SW 64h St. and
21 SW' 59`h Pl.), and to amend the official zoning map of the City of South Miami by changing the zoning
22 use district for the same legally identified properties from "RS -4," Single Family Residential to "RS-
23 4(CS -OV) " Single Family Residential, Community Service Overlay District; and
24
25 WHEREAS, after review and consideration, the Planning and Zoning Department recommended
26 approval of the application; and
27
28 WHEREAS, on D ecember 12 2000 afte r Public Hearing regarding the proposed amendment to
29 the Community Service Overlay District, Sections 20 -9.1 and 20 -9.3 of the Land Development Code, and
30 to the City's Official Zoning Map, the Planning Board approved the application by a vote of (7 -0); and
31
32 WHEREAS, the City 'Commission _desires to accept the recommendation of the Planning Board
33 and enact the aforesaid amendment.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
36 OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1.That Section 20 -9.3, entitled Community Service Overlay District Boundaries of the
39 South Miami Land Development Code is hereby amended to read as follows:
40
41 Section 20 -9.3 Boundaries.
42
43 The properties in the Community Service (CS) - overlay zoning district shall be delineated on the
44 City's Official Zoning Map with the symbol "CS -OV" and shown as darkened areas in Figure 20
45 9.1. the properties are legally described as follows:
46
47 Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in
48 Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31; 32 and 33 of
49 Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less
50 the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying
51 south and adjacent to Lot 46, Lots '70 and 71 of Block 12, and Lot 87 of Block 15 and 7 1/2 feet
52 of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN
i
2
1
- SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public
2
Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6, -9, 10, 11, 12 13, 25 and 26, RE-
3
SUBDIVISION OF TOWNSITE OF LARKINS, according to the platthereof, as recorded in Plat
4
Book 4 at Page 1 of the 'Public Records of Dade County, Florida; and, Lots 12, 13 and 14 of
5
Block 2, TOWNSITE OF LARKINS SUBDIVISION, 'according to the plat thereof, as recorded
6
in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North 1/2 of
7
Lot 5, Lots 6, 7, 8, '9, 10, ,11, 12 and 13 of Block 2, and Lot-$ 4, 5 of Block 4, less
8
roadway dedications, AMENDED PLAT OF HAMLET, according to the plat thereof, as
9
recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida; and, East 50
10
feet of West 200 Feet of North 105.50 feet of East %2 of Northwest '/4 of Southeast %4 Less Streets,
11
Section 25- 54 -40, Dade County, Florida;`and East 50 feet of West 150 feet of North 105.50 feet
12
of East '/2 of Northwest '/4 of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida;
13
and, East 50 feet of West 100 feet of North 105.50 feet of East 1/2 of Northwest %4 of Southeast %4
14
Less Streets, Section 25- 54 -40, Dade County, Florida;, and West 50 feet of North 105.50' feet of
15
East 1/2 or Northwest' /4 of Southeast' /4 Less Streets, Section 25- 54 -40, Dade County, Florida.
16
17
Section 2 That the City's Official Zoning Map shall be amended by changing the zoning on
18
properties legally identified as Lots 5 thru 7, Block 4, Amended Plat of Hamlet (northeast corner of SW
19
64b Str. and SW 59th Pl.) from "RS -4," Single Family Residential to "RS- 4(CS` -OV) ", 'Single Family
j 20
Residential, Community Service Overlay District:
21
22
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held
23
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
j 24
the remaining portions of this ordinance.
25
26
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
27
are hereby repealed.
28
29
Section 5 This ordinance shall be effective immediately after the adoption hereof.
30
31
PASSED AND ADOPTED this day of 52001
32
33
34
ATTEST: APPROVED:
35
36
37
38
CITY CLERK MAYOR
39
40
1st Reading -
41
2nd Reading -
42
COMMISSION VOTE:
43
READ AND APPROVED AS TO FORM: Mayor' Robaina:
44
Vice MayorFelieu:
45
Commissioner Russell:
46
Commissioner Bethel:
47
Commissioner Wiscombe:
48
CITY ATTORNEY
49
50
NOTE: New wording underlined
51
53
R \Comm Items\2001 \1- 9- 01\LDC Amend -CS -OV Ordinance.doc
I
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
Address of Subie Property:
-f 4_j v• 5c) M`
Lot(s) ` '7 Block �_ Subdivision
613, pL,
PB - 2 Ar1rii bCA ptAr C, r i 7# mLi:,
Meets & Bounds: 4D 0,TA- ` V—t tk�A i
Applicant:
Phone:
)
c> L (fi.? C t
CS
Representative:
Organization: j � s rC_F_ O C; A4- 1, Lt1;v 9
Address:
Phone: Q3 CS-) 3 Z Z- - 4 50
Property Owner:
Signature:
Mailing Address:
Phone:
15-/
Architect/Engineer
Phone: _
vsr - 1 1: F- r7 i co 1'-44 i3 <�, C— a(_
2 C`S) l.i l t GAG c.
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
)C Owner Owner's Representative Contract to purchase _Option to purchase —Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
X Text Amendment to LDC =• _Variance
'Y Letter of intent
Zoning Map Amendment _Special Use
Justifications for change
— PUD Approval _Special Exception
_ Statement of hardship
PUD Major Change Other
Proof of ownership or letter from owner
Power of attorney
Briefly explain application and cite specific Code sections:
^ Contract to purchase
Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17" ,
20% Property owner signatures
Section: Subsection: Page #: Amended bate:
Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
corre to the best of the applicant's knowledge and belief.
J
's Applicant's Signature and title Date
Upon receipt, application and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Pavment
8/2/00
MT. OLIVE MISSIONARY BAPTIST CHURCH, Inc.
6316 S.W. 59TH PLACE (CHURCH ST.)
SOUTH MIAMI, FLORIDA 33143
(305) 667 -7791 Fax (305) 667 -4434
Elder R.E. Harris
Pastor
11 -4 -2000
Planning and Zoning Dept.
City of South Miami
6130 S.W. Sunset Drive
South Miami, Florida 33143
To Whom It May Concern,
We the Trustee Board and member of Mt. Olive Missionary Baptist Church, eto at
6316 S.W. 59th. Place, do hereby request a zone change from RS4 to RS CS -OV
allow an addition to our existing property for the purpose of Sunday School. This
addition will approx. 3400 sq. ft. and we hope an aesthetic asset to our community.
Our property is: Lots 4, 5, 6 &7 ..blk 4.." Amended Plat of Hamlet ".
We would greatly appreciate your approval of this matter as our Youth Outreach Program
is very successful:
i
Sinc ly,
Dea. C. Bronson
Trustee Board
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2) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,; FLORIDA,
RELATING TO PERMITTED' USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH XIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED. USE SCHEDULE," IN
ORDER TO ADD MORTGAGE BANKING /MORTGAGE BROKERAGE AS A PERMITTED USE IN THE "GR
GENERAL RETAIL USE DISTRICT, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
3) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO
8- 99- 16821N ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE MODIFICATIONS MADE
TO SECTION 20- 7.6(8), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20 -44(H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
j Public hearings on the above - proposed ordinances will be conducted during regular meetings of the South
Miami City Commission scheduled fora
{ Tuesday, January 9, 2001 at 7:30 PM =1st Reading i
Tuesday, February 6, 2001 at 7:30 PM 2nd Reading and Adoption
The meetings will be held in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive,
South Miami, Florida, 33143. All interested persons are invited to attend and will be heard. Copies of the
subject ordinances are available for review in the City's Planning Department, which is located on the 2nd
floor of the South Miami City Hall, 6130 Sunset Drive. Inquiries concerning these items may be directed to
the Planning Department at 305 - 663 - 6326.
Pursuant to Florida Statute 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.
CITY OF SOUTH MIAMI
W
NOTICE OF PUBLIC HEARINGS
AMENDMENTS TO LAND. DEVELOPMENT CODE
9
NOTICE IS HEREBY given that the City Commission of the City of South Miami will conduct Public Hearings
on the following proposed ordinances amending the City's Land Development
m :
1) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION" OF THE CITY OF SOUTH MIAMI, FLORIDA,"
m'
RELATING TO A REQUEST TO AMEND SECTIONS 20 =9.1 AND 20 -9.3 OF THE LAND DEVELOPMENT CODE
N
TO INCLUDE IN THE COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS
N`
5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET (NORTHEAST CORNER OF SW 64TH STR. AND SW 59TH
o
PL.), AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
£ '
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS -4," SINGLE FAMILY
i
RESIDENTIALTO "RS -4 (CS -OV) ", SINGLE FAMILY RESIDENTIAL, COMMUNITY SERVICE OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING
m
AN EFFECTIVE DATE.
P.
ITEM NO.1
3
LOCATION MAP: RS -4 TO RS -4 (CS -OV)
-I - '- 11—-1 1 11 i11 11 1 11 h, \ / /'\ /n\ / A '.
2) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,; FLORIDA,
RELATING TO PERMITTED' USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH XIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED. USE SCHEDULE," IN
ORDER TO ADD MORTGAGE BANKING /MORTGAGE BROKERAGE AS A PERMITTED USE IN THE "GR
GENERAL RETAIL USE DISTRICT, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
3) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO
8- 99- 16821N ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE MODIFICATIONS MADE
TO SECTION 20- 7.6(8), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20 -44(H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
j Public hearings on the above - proposed ordinances will be conducted during regular meetings of the South
Miami City Commission scheduled fora
{ Tuesday, January 9, 2001 at 7:30 PM =1st Reading i
Tuesday, February 6, 2001 at 7:30 PM 2nd Reading and Adoption
The meetings will be held in the City Commission Chambers, South Miami City Hall, 6130 Sunset Drive,
South Miami, Florida, 33143. All interested persons are invited to attend and will be heard. Copies of the
subject ordinances are available for review in the City's Planning Department, which is located on the 2nd
floor of the South Miami City Hall, 6130 Sunset Drive. Inquiries concerning these items may be directed to
the Planning Department at 305 - 663 - 6326.
Pursuant to Florida Statute 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.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, December 12, 2000
City Commission Chambers
7:30 P.M.
ITEM: PB -00 -019
Missionary Baptist Church
Applicant: Mt. Olive Mi i
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Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY: OF SOUTH MIAMI FLORIDA, RELATING TO A REQUEST
TO AMEND SECTIONS 20 -9.1 AND 20 -9.3 OF , THE LAND
DEVELOPMENT CODE TO INCLUDE IN THE COMMUNITY
SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY
IDENTIFIED A LOTS 5 THRU 7, BLOCK 4, AMENDED PLAT: OF
HAMLET (NORTHEAST CORNER OF SW `64 TH ST. AND SW 5 9TH
PL.), AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY
OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT
FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS -4,"
SINGLE FAMILY RESIDENTIAL TO "RS -4 (CS -OV) ", SINGLE
FAMILY RESIDENTIAL, COMMUNITY SERVICE. OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLTCT; AND PROVIDING AN ' EFFECTIVE
DATE.
Actions Ms. Gibson read the request into the record.
I
Staff elaborated on the Community Service Overlay District zone and "special uses."
Public speaker: Mr. Charles Bronson, Trustee Board member of Mt. Olive Missionary
Baptist Church.
Motion: Ms. Chamilis moved approval of the application with condition: Subject to
the submission of a Unity of Title. Mr. Comendeiro seconded the motion.
Vote: Approved 7 Opposed 0
i
i
ARTICLE IX. COMMUNITY SERVICE OVERLAY DISTRICT
20 -9.1 Purpose and intent.
It is the purpose and intent of this section to promote the
health, safety, community - acceptable standards of morals and
general welfare of the residents of the City of South Miami
through the stated regulations of this section. The Community
Services overlay zoning district is intended to provide for the
establishment of an overlay, zoning district in the Charrette Too
Study Area, in order to provide for the special needs of
community- based service providers and, specifically, to permit
parking lot improvements, outparcel development, day; care center
facilities and building additions for those properties under the
sole ownership of community- based service providers, such as
churches, mosques, synagogues, or temples.
(Ord. No. 1 -97- 1622, § 1, 2- 18 -97)
20 -9.2 Applicability.
The requirements of this Article shall be in addition to
other requirements in the City's adopted Land Development Code,
and in the case of conflict the provisions of this Article shall
control.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.3 Boundaries. -
The properties in the Community Service (CS) overlay zoning
district are indicated as darkened areas in Figure 20 -9.1 and are
legally described as follows:
Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to
the plat thereof, as recorded in Plat Book 13 at Page 2`of
the Public Records of Dade County, Florida; and, Lots 31, 32
and 33 of Block 5, Lots 34, 35 and 36 of Block 6, and the
alley lying between Lots 34 and 35 Lot 40, less the west 15
'I
feet thereof, Lots 41, 42, 43 44, 45 and 46 of Block 7, and
4 feet of the alley lying south and adjacent to Lot 46 Lots
70 and 71 of Block 12, and Lot '87 of Block 15 and 7 i/2 feet
of the alley lying, west and adjacent to Lot 87, less roadway
dedications, FRANKLIN SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 5 at Page 35 of the Public
Records of Dade County, Florida; and, Lots 1, 2 3, 4, 5, 6,
9, 10, 11,'12, 13, 25, and 26, RE- SUBDIVISION OF TOWNSITE OF
LARKINS, according to the plat thereof, as recorded in Plat
Book 4 at Page 1 of the Public Records of Dade County,
Florida; and, Lots 12 13 and 14 of Block 2, TOWNSITE OF
LARKINS SUBDIVISION, according to the plat thereof, as
recorded in Plat Book 2 at Page'' 105 of the Public Records of
Dade County, Florida; and, the North 1/2 of Lot 5, Lots 6,
7, 8, ,9, 10, 11, 12 and 13` of Block 2, and Lot 4 of Block 4,
less roadway dedications, AMENDED PLAT OF HAMLET, according
to the plat thereof, as recorded in Plat Book 4 at Page 48
of the Public Records of Dade County, Florida.
I
(Ord. No. 1 -97- 1622, § -1, 2- 18 -97)
I
20 -9.4 Definitions.
The definitions below, as may be amended from time to time,
shall apply to Article IX only'. Other than the revised
definitions included in this subsection, the definitions provided
under Section 20 -2.3 of the Land Development Code are applicable
to the provisions of Article IX.
I!,
Accessory building shall mean a detached subordinate
building or portion thereof, the use of which is incidental to
and in connection with a principal or main building which is
under the same ownership as the main building. No accessory
building shall be permitted which is not owned in conjunction
with a principal or main building.
Accessory use shall mean a building or structure, the use of
i which is subordinate and incidental to the main building or
structure, and is under the same ownership as the main building
j or structure.
Adult congregate living facility shall mean any building or
buildings, section of a building or distinct part of a building,
I
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operated as a nonprofit entity, which undertakes through -its
ownership and management to provide, for a period exceeding
twenty -four (24) hours, housing, food service and one or more
personal services for four (4) or more adults, not related to the
administrator by blood or marriage, who require such services and
to provide limited nursing services, when specifically licensed
to do so pursuant to Florida Statutes. A facility offering
personal services or limited nursing services for fewer than four
(4) adults is within the meaning of this definition if it
formally or informally advertises to or solicits the public for
residents or referrals and hold itself out to the public to be an
establishment which regularly provides such services.
Church, mosque, synagogue or temple shall mean a formerly
organized religious entity with ownership of property or
properties, a building or other structures, or a group of
buildings or structures, which, by design and construction, are
intended for organized worship services and commonly related
services, such as educational,'recreational,sand social services,
including day care and other community services, which, principal
facilities ''and main worship sanctuary structure are located in
the Community Services (CS) overlay zoning district.
Community residential home shall mean an establishment
licensed to serve clients of the Department.of Health and
Rehabilitative Services, which provides;a living environment for
j unrelated residents who operate as a' functional equivalent of a
family, including such supervision and care by supportive staff
as may be necessary to meet the physical, emotional and social
needs of residents.
Community service providers shall mean the existing
institutions whose main buildings or structures are located
within the Community Service (CS) overlay zoning district as of
the adoption date of this subsection, such as churches, mosques,
synagogues or temples.
i
Day care center shall mean any establishment providing for
the daytime care of seven (7) or more children and licensed by
the Department of Health and Rehabilitative Services:
Group Home (See Community residential home.).
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School shall mean institutions of general education offering
kindergarten through 12th grade education or any portion thereof,
including special programs and facilities.
(Ord. No. 1 -97 -1622, § 1, 2= 18 -97)
20 -9.5 Development review procedures.
(A) Applicants shall meet in, pre-application conference with the
Planning and Zoning Division staff to discuss and analyze
proposed applications in non - binding forum. Staff may
prescribe` special conditions in order to assure .the ' overall
compatibility of the proposes uses and physical structures
with the neighboring uses and physical structures.
(B) Applicants shall submit an application for development
responding to the pre- application conference findings in the
form prescribed under the provisions of Section 20-5,
entitled Article V. Procedures and Applications, as
contained in the Land Development Code:
(C) Upon receipt of applications for development, the Planning
and Zoning staff shall review the application and assure
that 'proposed ' uses and physical structures are compliant
with the purpose, intent and requirements of this article
and applicable Code requirements.
(D) Upon the staff's determination of compliance with the
purpose, intent and requirements of this article and
applicable Code requirements by the Planning and Zoning
�
Division, the application shall be reviewed by the ERPB, as
regulated by Section 20 -5.11.
(E) Applicants shall incorporate ERPB conditions, if any, and
apply for all required building, electrical, mechanical,
plumbing and utility permits, as regulated by Section 20-
5.13.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
I
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20 -9.6 Permitted uses and special uses.
(A) The uses listed below are permitted by right within the
district and are applicable to both new and existing
Permitted Use by Right
Required Parking Spaces
Church, temple or synagogue
.1 per
3 seating spaces
Community residential home,* 6
persons or less
2 per
dwelling unit
Day care center,* 7 children
or more
1;per
250 gross square feet
Dwelling, single - family*
2 per
dwelling unit,
Park or playground, public or
private
None
Funeral home,'* per conditions
*under the ownership, management and control of 'a defined
community service provider.
(B) The uses listed below are permitted via special use
approval. Applicants shall follow the procedures established
for special uses, as set, forth in subsections 20- 5.8 (B)
through (F) and shall follow 'those procedures for the
required public hearings, as set forth in general in Section
_20 -5.-1 through Section 20 -5.6.
:Permitted by Special Use
Required Parking Spaces
Approval
Adult congregate_ living
2 per dwelling unit
facility*
Community, residential home,* 7<
2 per dwelling unit
persons or more
Counseling services,* as
1 per 250 gross, square feet
defined under Section 20 -2.3
Funeral home,'* per conditions
1' per '300 gross square feet
under Section 20 -3.4 (B) (3)
School, elementary or
1 per 400 gross square feet
secondary*
School, vocational or special
1,per 400 gross square feet
programs*
*under the ownership, management and control of a
defined
community service provider.,
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.7 Dimensional requirements.
Minimum lot size (for subdivision only):
Net lot area (square feet) . . .` 6,000
Frontage ( linear' feet) . . . 60 ;
Required build -to lines (for principal structures):
Front street ,(address , side) . . Property
line
Side street (not includin g alle yw a y s ) . . .
. Property
y
line
n
Canopies, awnings and arcades ma y p roject over existing
g
sidewalk areas
Minimum yard setbacks (for new construction):
Front street (address side) . . . 0.0 feet
Side street (not including alleyways) .
0.0 feet
Side street (for alleyways only) . . . . 5.0
feet
i
Side (Interior) _ . . . 7.5 feet
f Rear (Interior) . . 10.0 feet
Rear street . . . . 0.0 feet
si rN` N`- .''�„�v,c, ��'s. .� i Yak. r< ..-`', ,,,APni's-�;�
Any side adjacent to a single- family residence
25.0 feet
Maximum building height:
Stories . 2
Feet 25.0 feet-
Maximum building coverage (o) . . . 75
Maximum impervious coverage, (o) . . 85
(Ord..No. 1 -97 -1622, § -1, '2- 18 -97)
20 -9.8 Parking regulations.
Buildings erected, converted, enlarged, reconstructed, moved
or structurally altered shall conform to the off - street parking
requirements in Section 20 -4.4
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.9 Signage regulations.
The provisions of Section 20 -4.3 shall apply; and all
_
properties in the Community Ser vi c e
overlay -zoning
.district shall
be permitted signage as set forth under subsection 20 -4.3 (I)(5).
(Ord. No. 1 -97- 1622, §;1, 2- 18 -97)
20 -9..10 Supplemental regulations.
The provisions of Section 20 -3.6 shall apply; and all
properties in the Community Service overlay zoning district shall
be evaluated under the provisions of Section 20-3.6 as though the
properties were exclusively used for single - family residential
purposes. The purpose of this is to provide for visual uniformity
with the surrounding - single- family residential neighborhood.
(Ord. No. 1 -97- 1622, §,1, 2- 18 -97)
ARTICLE X. SITING REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS
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Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scurr
City Manager
REOUEST:
MEMORANDUM
Date: February 6, 2001
Re: Agenda Item 1140
LDC Amendment
Permitted Use Mortgage Banking
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE "`IN ORDER TO ADD MORTGAGE BANKER AS A PERMITTED USE IN
THE "GR', GENERAL RETAIL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
APPLICANT'S REQUEST
The applicant, Commercial Capital SF Corp., is requesting the City to amend the list of permitted
uses in the City's "GR ", General Retail Use District to include "mortgage banker ". The
application package submitted refers to a specific address, 5820 Bird Rd., as a site in the "GR"
district that the applicant wishes to acquire in order develop into a mortgage banker office. The
submitted application is a text amendment to the Land Development Code, Section 20- 3.3(D)
Permitted Use Schedule and is not site specific. If the proposed amendment is approved, it would
be applicable to all properties located in GR zoning districts.
STAFF ANALYIS
(1) At present the GR zoning currently exists in only two locations, on Bird Road, west of SW
57th Ave. and on properties facing S. Dixie Highway from SW 74th Street to SW 80th Street.
These districts are characterized by a variety of retail service uses. Additionally, there are
existing banking institutions in both areas of the GR zoning district. It would appear that a
mortgage banker would be compatible with the uses currently located in and permitted in the
"GR" District.
'r
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Permitted Use — Mortgage Banking
Commission Meeting: February 6, 2001
Page 2 of 3
(2) The City's Permitted Use Schedule (Section 20 -3.3 (D)) is a listing of what uses are
permitted in each of the City's 26 zoning use districts. In the GR zoning use district there are
currently 76 separate permitted and special uses allowed (see Attachment, Uses Permitted in
GR).
3) The City's Zoning Task Force is currently considering the consolidation of the approximate
200 separate uses listed in the Code's Permitted Use Schedule. The objective of this
consolidation is to make this section of the Code more user friendly and understandable, and to
eliminate a number of ambiguities as to why very similar uses are allowed in one commercial
district but not in another commercial district. The consolidation would result in a very limited
number of general categories, including two categories entitled "Office, business /professional,
clerical, research" and "Retail sales/ rental of goods, merchandise, equipment; consumer
services ". Part of ` the proposal would allow all of the uses in both of these categories to be
permitted uses in the City's "GR', zoning district
4) Based upon observations in the field of the City's GR zoning districts, and on the current work
of the Zoning Task Force, it would be appropriate to amend the LDC Permitted Use Schedule to
add mortgage banking and mortgage brokerage to the existing category, `Banks and Savings
Institutions ", and to allow those uses in the GR district.
SPECIFIC AMENDMENT
The specific amendment to the Land Development Code would be as follows:
Section 20 -3.3 (D) - Permitted Use Schedule
- BUNINENN AM) FRUYESMUINAL NERVlULS
Bank or Savings Institutions, Mortgage
ZONING
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Bank or Savings Institutions, Mortgage
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ivviE: iNew woramg unaerimea
Permitted Use - Mortgage Banking
Commission Meeting: February 6, 2001
Page 3 of 3
PLANNING BOARD RECOMMENDATION
The Planning Board, at its December 12, 2000 meeting, approved the proposed amendment by a
vote of 7 -0. During the discussion Board members recommended that the amendment include
both "mortgage banker" and "mortgage broker
Additionally, the amendment originally had included "financial institutions ", in an attempt to
broaden the permitted uses to include other similar uses. However, the Board expressed concern
that certain types of businesses, which might somehow fall under this broader category but not
be compatible with the surrounding zoning district, such as check cashing stores or pawnshops,
should not be permitted.
Therefore, the proposed ordinance is limited to the original request, and does not substitute
"financial" for the word "savings ", as originally presented to the Board. The issue of permitted
uses under this category will be taken up by the permitted use subcommittee of the Zoning Task
Force, as referenced above. When the overall revisions to the permitted use schedule are
proposed, it is expected that incompatible uses such as pawnshops and check cashing stores will
be defined and appropriately limited.
RECOMMENDATION:
The subject ordinance was approved on first reading at the City Commission meeting of
January 9, 2001.
It is recommended that the request to amend the Permitted Use Schedule to permit mortgage
banking and mortgage brokerage in the GR zoning district shown above and in attached
ordinance be adopted on second reading.
Attachments:
Uses Permitted in GR
Draft Ordinance
Application
Letter of Intent
Public notices
Planning Board Minutes, 12/12/00
CD (�L-
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DXomm Items\2 .001\2- 6- 01 \LDC Amend Mortgage GR report.doc
PERMITTED USES IN "GR"- DISTFjCT---- - - - - -- --
Planned Unit Development Residential Uses (S)
Office Supplies
Museum, Library or Art Gallery
Paint Glass & Wallpaper Store
Park or Playground, Public
Pet Sales or Grooming Services
Animal Hospital or Veterinarian (S)
Plant Nursery or Greenhouse
Beauty or Barber Shop
Plumbing Shop
Bowling Alley or Skating Rink (S)
Poultry, Meat or Seafood Market
Counseling Services
Recreational Vehicle Dealer (S)
Computer Supplies & Services
Restaurant, Convenience (S)
Dry Cleaning Substation (no processing)
Restaurant, General (S)
Dry Cleaning Plant (S)
Sewing, Needlework or Piece Goods Store
Mail & Parcel Center
Shoe Store
Message Therapist
Sporting Goods Store
Mobile Automobile Wash /Wax Service
Tobacco Shop
Personal Skills Instruction Studio
Used Merchandise Store: Antiques
Quick Printing
Used Merchandise Store: Consignment Goods(S)
Watch and Clock Sales & Repair
Used Merchandise Store: Secondhand Goods (S)
Video Tape Rental Store
Variety Store
Air Conditioning Sales & Services
Radio & TV Broadcasting Station
Antique or Curio Shop
Bus, Transit or Taxi Terminal
Automobile Accessories & Parts (S)
Parking Lot, Commercial
Automobile Dealer (S)
Bait & Tackle Shop
Bakery
Bicycle Sales & Services
Boat Dealer (S)
Book or Stationery Store
Business Machine Sales & Services
Camera & Photo Supply Store
Carpeting or Flooring Sales
Clothing or Apparel Store (new only)
Confectionery or Ice Cream Parlor
Consumer Electronics or Music Store
Cosmetics Store
Dairy Products Store
Deli
Department or Dry , Goods Store
Drinking Place
Drug, Pharmacy or Sundry Store
Fabric or Drapery Shop
Florist
Gasoline Service Station (S)
Grocery Store (over 4,000 sf gfa)
Gift, Novelty or Souvenir Shop
Glass and Mirror Sales & Services
Hardware Store
Hobby, Toy or Game Shop
Household Appliance Store
Home Furniture or Furnishings Store
Jewelry Store
Lawn & Garden Supplies
Lawnmower Sales & Services
Luggage or Leather Goods Store
Lighting Fixtures Store
Liquor Store
Motorcycle Dealer (S)
Newsstand
1 ORDINANCE NO.
2
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4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES AMENDING
6 CHAPTER 20 OF THE CITY OF SOUTH MIAMI 'LAND - DEVELOPMENT CODE,
7 BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE,"
8 IN ORDER TO ADD MORTGAGE BANKING I MORTGAGE BROKERAGE AS A
9 PERMITTED USE IN THE "GR", GENERAL RETAIL USE DISTRICT;
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN 'CONFLICT, AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, application No. PB -00 -020 was submitted to the Planning and Zoning Department by
15 Commercial Capital SF Corp., said application requesting that Section 20- 33(D), Permitted Use
16 Schedule of the City's Land Development Code be amended to include mortgage banker as a permitted
17 use in the "GR ", General Retail Use District; and
18
19 WHEREAS, after review and consideration, the Planning and Zoning Department has recommended
20 amending Section 20- 3.3(D) "Permitted Use Schedule," to pen-nit mortgage banker as a permitted use in
21 the "GR ", General Retail Use District; and
22
23 WHEREAS, on December 12, 2000, after Public- Hearing regarding the proposed amendment to
24 Section 20 -33(D) of the Land Development Code, the Planning Board added the wording "mortgage
25 brokerage" to the amendment and then voted 7 -0 to recommend approval of the amended application; and
26
27 WHEREAS, the City' Commission desires to accept the recommendation of the Planning Board and
28 enact the aforesaid amendment.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
31 THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section I That Section 20- 3.3(1)), entitled, "Permitted Uses," of the South Miami Land Development
34 Code is hereby amended to read as follows:
35
36 Section 20 -3.3 (D) - Permitted Use Schedule
37
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BUSINESS AND PROFESSIONAL SERVICES
Bank or Savings Institutions, Mortgage
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NOTE: New woramg uncieninea
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5 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
6 ordinance are hereby repealed.
7
8 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held
9 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
10 validity of the remaining portions of this ordinance.
11
12 Section 5. This ordinance shall be effective immediately after the adoption hereof.
13
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16 PASSED AND ADOPTED this day of , 2001
17 ATTEST: APPROVED:
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21 CITY CLERK MAYOR
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23 1st Reading-
24 2nd Reading -
25 COMMISSION VOTE:
26 READ AND APPROVED AS TO FORM: Mayor Robaina:
27 Vice Mayor Felieu
28 Commissioner Russell
29 Commissioner Bethel:
30 Commissioner
31 CITY ATTORNEY
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45 D:\Comm Items\2001 \1- 9- 01\LDC Amend - Use Sch Ordinance.doc
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BANKING MORTGAGE SERVICES, CORP.
A tJ () R T C. A C E 1. E. N n F R
November 9th, 2000
City of South Miami1'. a
6130 Sunset Drive - '. NOVI South Miami, Florida 33143 �`
Attn.: Mr. Sandy Youkilis ; f
¢;s
Dear Mr.Youkilis:
Attached please find our request for an Amendment to include Mortgage Banker,
General Office in the Permitted use list.
Our Company has purchased the property subject to this amendment. Our Firm has
been established for the last 14 years in the Coral Gables Area, catering to the financial
needs of Developers as well as to First Time home Buyers. This new location makes it
extremely convenient for us since we live two blocks away, we can actually walk to
the office.
By permitting this text amendment, it. would be appropriate and compatible with
other uses in this category; immediate West you will find, not only Banks and Loan
Institutions but Offices as well.
We would like the Board to consider our petition and grant us this change; allow us
the opportunity to occupy this property being able to earn our livelihood.
Waiting to hear from you,
jSS'ncer ly,
Arturo J. Abascal
i 999 POD cE DL LEON Bot.ILFVARa, St: irE ?O5, COR: \L GABLrs, FLORIDA 33134, TFL 305.4 35.9003 Fixx 305.4 45.802 2 E- ,�aAu. 4bms ,'g b(,I lsotitll.n('.'t
CITY OF SOUTH MIAMI W ;
NOTICE OF PUBLIC HEARINGS
v AMENDMENTS TO LAND DEVELOPMENT
CODE
o:
NOTICE IS HEREBY given that the City Commission of the City of South Miami will conduct Public Hearings
on the following proposed ordinances amending the City's Land Developmerri: ' o
m
1) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, m
RELATING TO A REQUEST TO AMEND SECTIONS 20 -9.1 AND 20 -9.3 OF THE LAND DEVELOPMENT CODE
TO INCLUDE IN THE COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS -m
5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET (NORTHEAST CORNER OF SW 64TH STR. AND SW 59TH o
PL.), AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS-4," SINGLE FAMILY
RESIDENTIAL TO "RS -4 (CS -OV) ", SINGLE FAMILY RESIDENTIAL, COMMUNITY SERVICE OVERLAY i
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN-CONFLICT; ANO PROVIDING
AN EFFECTIVE DATE.
. m
c
ITEM NO.1
LOCATION MAP; RS-4 }TO RS -4 (CS -OV)� 3
2) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,- FLORIDA,
RELATING TO PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH .MIAMI LANG
DEVELOPMENT CODE', BY REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED USE SCHEDULE, IN
ORDER TO ADD MORTGAGE BANKING /'MORTGAGE BROKERAGE AS A PERMITTED USE IN THE "GR ";
GENERAL RETAIL USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
3) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO
8 -99- 1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE MODIFICATIONS MADE
TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H)
PROVIDING' FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Public hearingsi on the above- proposed ordinances will be conducted during regular meetings of the South
Miami City Commission scheduled for:
Tuesday, January 9, 2001 at 7:30 PM -1st Reading
Tuesday, February 6, 2001 at 7:30 PM - 2nd Reading and Adoption
The meetings will be held in the City Commission Chambers, South Miami City Hall; 6130 Sunset Drive,
South Miami, Florida, 33143. All interested persons are invited to attend and will be heard. Copies of the
subject ordinances are available for review in the City's Planning Department, which is located on the 2nd
floor of the South Miami City Hall, 6130 Sunset Drive. Inquiries concerning these items may be directed to
the Planning Department at 305- 663 -6326.
Pursuant to Florida Statute 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 nee' d 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.
i
1
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.,..'k +Akers •...
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, December 12, 2000
City Commission Chambers
7:30 P.M.
ITEM: PB -00 -020
Applicant: Commercial Capital SF Corp.
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20
3.3(D) ENTITLED "PERMITTED USE SCHEDULE IN ORDER TO
ADD MORTGAGE BANKER AS A PERMITTED USE IN THE "GR,"
GENERAL RETAIL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
Action: Mr. Liddy read the request into the record.
Staff elaborated on "GR" uses.
Public speaker: Arturo Abascal of Banking Mortgage Services.
Motion: Mr. Illas moved approval of the application with condition: to modify title
to read: "Mortgage banking/Mortgage brokerage" as opposed to "Mortgage banking." Ms.
Chamilis, Ms. Gibson and Mr. Comendeiro seconded the motion.
Vote: Approved 7 Opposed 0
- .:; "I W ,
sou
o X40,
FVr
• INCORPORATED
1927
{ARIA)
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scuff
City Manager VZ
REQUEST
Date: February 6, 2001
Re: Agenda Item ' j
Amending Ord. No. 8 -99 -1682
Extending parking modifications
AN ORDINANCE OF THE MAYOR AND CITY 'COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE,
SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW
FOR THE REDUCTION OF REQUIRED OFF- STREET PARKING, BY AMENDING
ORDINANCE NO. 8-99-1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE
(9) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE
SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H), PROVIDING FOR
SEVERABILITY, ORDINANCES :IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND & ANALYSIS
In May 1999, the City Commission adopted Ordinance No. 8 -99 -1682, which modified and
suspended certain provisions of the Land Development Code dealing with reductions in off- street
parking requirements. The ordinance was adopted in response to concerns about the impact of
the Shops of Sunset Place on parking in the downtown area. It was felt that certain provisions,
e.g., reduced parking near Metrorail and reduced parking based upon joint uses, should be
suspended for a period of nine months. In addition, the ordinance modified the parking
reductions allowed in the Hometown District so that during the same nine -month period only the
City Commission could approve parking reductions for large projects.
At the expiration of the original nine -month period, the City Commission adopted Ordinance No.
11 -00 -1713 extending the period for an additional nine months. This was accomplished by
amending the May 1999 ordinance to make the modifications and suspensions effective for
"eighteen (18)" months. This period expired in December 2000.
Extending parking modifications
Commission Meeting: February 6, 2001
Page 2 of 2
The purpose of the original nine -month 'period was to allow time for staff and citizens to
reevaluate the City's parking regulations and to make necessary changes. This evaluation is not
complete. The City's Zoning Task Force is in the process of reviewing the Land Development
Code including the Hometown District and the Off- Street Parking section. It would be
appropriate to allow one more additional period of nine months (Sept. 2001) to complete the
review and for considering possible amendments. The attached ordinance amends the original
May 1999 ordinance by extending the modifications and suspensions for a period of twenty -
seven (27) months.
RECOMMENDATION
The subject ordinance was approved on first reading at the City Commission meeting of
January 9, 2001. It is recommended that the proposed ordinance be adopted on second reading.
Attachments:
Proposed ordinance
Ordinance No. 8 -99 -1682
Ordinance No. 11 -00- 1713
CDSISB/ GL /SAY%
DAComm Items \2001 \1 -9 -01 \Extending Parking Moratorium Comm.Memo.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY
REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION
OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION
20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development
Code all allow for a reduction in required off street parking; and
WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the
need to reevaluate parking regulations contained within the South Miami Land Development Code; and
WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99 -1682,
modifying and suspending the Land Development Code sections referred to above for a period of nine
months ;and
WHEREAS, the City Commission at its meeting on April 18,2000, adopted Ordinance No. 11 -00-
1713, which extended for an additional nine months the modifications and suspensions of the Land
Development Code sections referred to above; and
WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an
adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
WHEREAS, the necessary evaluation and studies are not sufficiently completed to determine what
amendments are needed; and
WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the
Land Development Code including the Hometown District and the Off - Street parking regulations; and
WHEREAS, it is appropriate to provide an additional nine(9) months to evaluate and review the
provisions of the Land Development Code which allow for parking reductions; and
WHEREAS, the City Commission desires to enact the aforesaid ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 1 of Ordinance No. 8 -99 -1682, adopted by the City of South Miami City
Commission on May 4, 1999 is hereby amended to read as follows:
Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B) of the South
Miami Land Development, entitled "Required Parking," are hereby modified for a period of
14� twenty seven (2 7) months for the purpose of reviewing the effects and appropriateness of the
adjustment provisions on the fixture developments, as follows:
f
1 Section 2 That Section 2 of Ordinance 8 -99- 1682, adopted by the City of South Miami City
2 Commission on May 4, 1999 is hereby amended to read as follows:
3
4 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special
5 Parking Permit, " is hereby suspended fora period of �4-n enty seven (27� months for the
6 purpose of evaluating the effects and appropriateness of this provision on fitture developments.
7
8 Section 3 That Section 3 of Ordinance 8 -99- 1682, adopted by the City of South Miami City
9 Commission on May 4, 1999 is hereby amended to read as follows
10
11 Section 3: Section- 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit, " is
12 hereby suspended for developments within the boundaries of the Hometown District for a period
13 of 1) twenb� seven (2 7) months for the purpose of evaluating the effects and appropriateness
14 of this provision on future developments within the Hometown District.
15
16 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
17 Or unconstitutional by court of competent jurisdiction, this holding shall not affect the validity of the
18 Remaining portions of this ordinance.
19
20 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
21 hereby. repealed.
22
23 Section 6 This ordinance shall be effective immediately after the adoption hereof_
24
25
26 PASSED AND ADOPTED this day of 12001
27
28 ATTEST:
29
30
31 CITY CLERK
32
33 1" Reading
34 2nd Reading-
35
36 READ AND APPROVED AS TO FORM:
37
38
39 CITY ATTORNEY
40
41
42
43
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Russell
Commissioner Bethel:
Commissioner Wiscombe
44 Note: New wording underlined; wording to be removed indicated by strike- threugl
4S
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50 DAComm Items\ 2001\ I -9 -01 \Extending Parking Moratorium Ordinance.doc
51
ORDINANCE N0. 11 -00 -1713
AN ORDNANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY
REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION
OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
ORDER TO CONTINUE FOR AN ADDITIONAL NNE (9) MONTHS THE
MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION
20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES N
CONFLICT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development
Code all allow for a reduction in required off street parking; and
WHEREAS, the impact of the Shops, of Sunset on the downtown parking supply has highlighted the
need to reevaluate parking regulations contained within the South Miami Land Development Code; and
WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99 -1682,
modifying and suspending the Land Development Code sections' referred to above for a period of nine
months ;and
WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an
adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
WHEREAS, the necessary evaluation and studies are not sufficiently completed to determine what
amendments are needed; and
WHEREAS the City Commission has recently appointed a Zoning Task Force which will review the
Land Development Code including the Hometown District Overlay Ordinance; and
WHEREAS, it is appropriate to provide an additional nine(9) months to evaluate and review the
provisions of the Land Development Code which allow for parking reductions.
WHEREAS, on March 14, 2000, after a Public Hearing on a proposed ordinance which extends the
parking moratorium imposed by Ordinance No.8 -99 -1632, the Planning Board voted 5 -0 to transmit the
proposed ordinance to the City Commission ; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
enact the aforesaid ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 1 of Ordinance No. 8 -99 -1682, adopted by the City of South Miami City
Commission on May 4, 1999 is hereby amended to read as follows:
Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B) of the South
Miami Land Development, entitled "Required Parking," are hereby modified for a period of n
0) eighteen (18> months for the purpose of reviewing the effects and appropriateness of the
adjustment provisions on the fixture developments, as follows:
T�
Section 2 That Section 2 of Ordinance 8 -99 -1632, adopted by the City of South Miami City --
Commission on May 4, 1999 is hereby amended to read as follows;
Section 2: Section 20- 4.4(H), entitled "The MetroRall Usage Consideration via Special
Parking Permit," is hereby suspended for a period of nine -(� - eighteen fl8) months for the
purpose of evaluating the effects and appropriateness of this provision on future developments.
Section 3 That Section 3 of Ordinance 8 -99 -1632, adopted by the City of South Miami City
Commission on May 4, 1999 is hereby amended to read as follows
Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit, " is
hereby suspended for developments within the boundaries of the Hometown District for a period
of 9) ei hteen (18) months for the purpose of evaluating the effects and appropriateness of
this provision on future developments within the Hometown District.
Section 4 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 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 6 This ordinance shall take effect immediately upon being approved.
PASSED AND ADOPTED this 11th day of Apri 1 , 2000
ATTEST: APPROVE— D— /
CITY CLERK MAYOR
COMMISSION VOTE: 5 -n
1st Reading: 2/ 15J00 Mayor Robaina: Yea Vice Mayor Feliu : Yea
2nd Reading: 4/18/00 Commissioner Russell : Yea
Commissioner Bethel: Yea
Commissioner Wi scombe : Yea
READ AND APPROVED AS TO FORM:
'CITY ATTORNEY /
Note: New wording underlined;` wording to be removed indicated by strike thF gh
Page 2
1
2 ORDINANCE NO. 8-99 =1682
3
4 ANN ORDINANCE OF THE MAYOR MND CITY COMMISSION OF �
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
6 DEVELOPMENT CODE; MODIFY -ING AND SUSPENDING CERTAjjj
7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF RE
8 - '� P�G,SPACES,.FOR Q� D
A PERIOD OF NINE MONTHS, THEREgy
9 ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS A
10 SUNSET PLACE. ON THE DOWNTOWN
11 EVALUATE PARKING SUPPLY HE APPROPRIATENESS OF SUCH PROVISIONS >
12 PREPARE NECESSARY. AMENDMENTS; PROVIDING. THAT
13 ORDINANCES EN CONFLICT SHALL NOT BE IN FORCE AN
14 EFFECT DURING THIS TIME PERIOD; .:PROVIDING D
15 SEVERABiLITY, ORDhNANCES IN FOCONFLICT, AND AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the Mayor and City Commission continue to support and promote
19 growth that is responsible and that contributes positively to the well being of the
20 community; and
.21
22 WHEREAS, the Mavor and City Commission are committed to encouraging '
23 supporting the small property owners and local merchants in the development and and
24 redevelopment of their properties; and
25
26
WHEREAS, the Mayor and Commission wish to respond to the impact of The
27 Shops at Sunset Place on the downtown parking supply; and
28
29 WHEREAS, the impact of the Shops at Sunset Place on the downtown parking
30 supply has highlighted the need to reevaluate the parking resulations contained in they
31 South Miami Land Development Code; and
32
33 WHEREAS, the Mayor and City Commission desire to afford City Staff and
34 citizens with an adequate time period to.reevaluate the City's parking regulations and
35 . propose any necessary changes; and
36
37 WHEREAS, the Ma y or and. City Commission find,that it is in public interest to
38 modify and suspend certain parking provisions in the Land D
39 evelopment Code; and
40 WHEREAS, both the Planning Board and the Hometowm District Parking
41 Committee have reviewed and approved the ordinance with comrrients
42 incorporated herein and which are
43
44 WHEREAS, the Mayor and City Commission continue to ro
45 areas of community concerns: P vide leadership in
46
47
48 NOW, THEREFORE. BE IT ORDAINED BY THE 1i
49 COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: AYOR AND CITE'
sa
777 777
t
1 Section 1:
I : The automatic parking adjustments allow
2 7.6(B) of the South Miami Land Development, entitled "Required Pursuant to a section
3 modified for a period of nine (9) months for the q d Parkin z4-
g� -a-re hereby
4 appropriateness of the adjustment on thepfuture dve reviewing rithse a as ects and
5 _ follows:
6 (B) Required Parking, Within the Hometown District the
7 number of parking spaces required by Section B 'Q f following adjustments
8 O the Code are provided; to the
9 1 On- street spaces adjacen
10 t to a lot shall
requirements for that lot; a partial space longer thantl It shat the '
11 ll count as king
12 space. a full
13 ' 2. Where arcades are optional, buildings with
14 additional 5 % reduction in the required number arcades shall receive an
15 f spaces.
16
3• In addition to the above, one of the following may apply:
.17 ppy
18 a• Two -story buildings shall receive a _ I5%
19 o reduction in the required
�0 number of spaces:
21 b. Buildings of two
or more stories with uses s from two of the three use
23 categories provided herein under "Permitted Uses, each use
24 constituting no less than 30% of the gross floor area, 'shall receive a
25 30% reduction in the required number of spaces.
26 C. Buildings of three or more stories with
27 uses from each of the three
28 use categories provided herein', each use` constituting no Tess than
29 num gross floor area, shall receive a 45% reduction in the required
30 number of s' paces. q
31 4. For new buildings greater than 2? 9.000 so Q
32 rester than 10 000` square feet, the allowable of use and additions
33 identified in sub araara�hs arktn ad'ustments
34 vote of four =h members of the City, Commas onuan the affirmative
'S procedures established for s ecial use permits as set fo d follow those
36 rth in Section 20-
5.8 Bl through (F), and shall follow those ___Section
for public hearings set
37
forth in Section 20-5.1 through 20 -5.6.
38
39 5. For new 'buildings
40 '759 not exceeding ,
additions not exceeding 10.000. s-uar000 soft" changes of use and
41 adjustments identified in sub aragra hs feet. the allowable arkin�
42 be as orovided. -and (3). above, shall continue to
43 .
44 6. For replacement of an existing building, c
45 or man made disaster, the allowable Bomple�tely damaQed due to natural
46 subparagraphs Y?1 and L3 above. shall cont nu t adjustmen�ti entified in 47 o he as ro.
48
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Section i. Section 20- 4.4(H), entitled "The ivletroRail`Usa
Special Parking Permit,,, is hereby ge Consider
purpose of evaluating the effects and nadedofria period of nine 9 ate n via
() months
developments. PP P ness of. this provision on future
Section 3: Section 20- 4.4(G),. entitled "Joint Use Spaces w'
Permit," is hereby suspended for developments within the boon is Special..
District for a period of `nine (9)' for the boundaries of the Parking
appropriateness of this provision on future develo e0` a of evaluatin HOmetowrn
P within the Home o e effects and
wn District.
a Section 4: The ordinance shah not apply to any development application for development permit was submitted prior to the 15` readp for which an
reading. .
Section 5: All ordinances, resolutions and parts thereof, i
ordinance shall not be in force and effect during the time period o ' in conflict with
P f this ordinance, this
Sect -- 1on6' If any section, clause. sentence. or phrase of
reason held invalid or unconstitutional by a court of competent •turf ordinance is for n
shall not. affect the validity of the remaining portions of this ordinance.
Sect? ---ion .7: This ordinance shall take effect immediately
passage. , at the timne of its
PASSED AND ADOPTED this 4ih day of Mav 1999
ATTEST:
CITY CLERK
31 READ AND APPROVED AS TO FORM:
33 ' G
34 CITY ATTORINEY ✓C 7/` =2
r
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1st Reading:
2nd Reading:
3/2/99
5/4/99
APPROY ED:
r
NLAYOR
COW'IISSION VOTE: 5_r
Mayor Robaina: Yea
Vice Mayor Oiiveros: Yea
Commissioner- Feliu: Yea
Commissioner Bethel: Ye-
Commissioner Russell: Yea
T
NAY 13 1999
t
!parking modification study ord.doct Planning
Board
al student to talk
iary Shabbat I
ery services are available. Call Debbie at
305- 248.4339.
Kendall Community Church of God,
8795 SW 112th St.: The New Horizons
(senior group 55 and older) meets the first
and third Friday of the month. People of any
faith are invited.' Call the church office
305 - 274 -3072.
Richmond Heights Community
Bible Study, 14375 Boggs Dr.: South
Dade residents are invited to the Commu-
nity Bible Study 7 :30 p.m. Mondays in the
recreation room at Sgt. Joseph Delancy
Park, 14375 Boggs Dr., Richmond Heights.
Call 305- 876 -7838.
St. Timothy Word and Worship
Center, 8601 SW 199th St.: Robert
Critchley, worship leader at the Toronto Air-
port Christian Fellowship, will lead the wor-
ship;services at a New Year's Eve celebra-
tion at 10 :30 a.m. and 7 p.m. Dec. 31.
Critchley and his wife, Dawn, are pastors at
the Toronto fellowship. Critchley started
performing in a club band and two years
later bean writing and playing worship
songs. In addition to recording four solo
CDs, he roproduced Live from Toronto
Collection 2,and Celebration. He also
writes music for film Productions. Call
305. 235 -1204.
Temple Beth Or, 11715 SW 87th Ave.:
A crash course in Hebrew reading will be
held 10:45 to 11:45 a.m., beginning Jan. 21. A
Torah study will be 9:30 to 10:30 a.m. Jan. 6
and Jan, 13. Call Alan Eisenberg
305 - 385 -9861. As par, of the Family Film Fes-
t al Series, The Fiddler on the Roof will
begin at 3:30 p.m. Jan. 27. A Havdallah ser.
vice and meal will fol'o',v. Cost is $5. Call
Temple Israel, 137 NE 19th St.: The Dr.
Howard A. Novell Jewish Film Fest opening
night champagne recepticn/gala . will be at 7
p.m. Jan. 20 followed by the film Kasabian.
Classical cellist Aaron Merritt will perform
as part of the Grace G. Goldstein Shabbat
Guest Artist Series at 8 p.m. Dec. 29. Yid-
dish classes are at noon Tuesdays. The
Breakfast Club will feature Miami Police
Chief Paul Martinez as guest speaker at 8
a.m. Jan. 24. Cost is $8. Reservations
required.. Casino Night with an open bar,
cocktail buffet and $00 free match play
chips will beat 8 p.m. Jan. 27. Cost is $36 a
Person. Call 305- 573 -5900.
Temple Judea, 5500 Granada Blvd.,
Coral Gables: Religious School classes
Will resume Jan. 3. The temple has a new
we', site: wwwjudeagables..org'Cal;
Unitarian Universalist' Society,
7701 SW 76th Ave.: An Immigration
Forum Series, focusing on developing a
common around for understanding, respect
and appreciation toward people of different
e by it es;' viii be hod it four 'se sfons,
b gunning'. at 7:30 p.m. Jan. 11; 7;30 p.m. den.
7.30 p.m. Feb. 8; and 7:30 P.m. 'Feb. 22.
Cc1J305- 234-C610.
Unity Center, 9644 Sunset Dr.: A
World Peac ^ircitction 011 be held at 7 a.m.
Dec. 31, The Rev Clha °I me E. Manuel will dis-
Ci The Spin ual Jcurney., in the 11 a.m,
v ors` p celebration at Temple Bat Brelra,
94 0 SW 37th Ape. A Sunset Burning Cowl
3pr vice will take place at the beach at 6 p.m.
Dec. 31. Cali 305-27G--0,;0,j.
Religion Notes are compiled by
Vanessa Reyes. Send all items to
Religion Notes, c/o Neighbors, 7300
N. Kendall Dr., Suite 200, Miami, FL
33156.
CITY OF 'JTH MIAMI
NOTICE OF PLUG HEARINGS
AMENDMENTS TO1AND DEVELOPMENT CO -
DE
NOTICE IS HEREBY given that the City Commission of the City of South Miami will conduct Public Hearings
on following proposed ordinances amending the City's Land Development:
1) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO A REQUEST TO AMEND SECTIONS 20 -9.1 AND 20 -9.3 OF THE LAND' DEVELOPMENT CODE
TO INCLUDE IN THE COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS
5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET (NORTHEAST CORNER OF SW 64TH STR. AND SW 59TH
PL:), AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS -4,'1 SINGLE FAMILY
RESIDENTIAL TO "RS -4 (CS -OV) ", SINGLE FAMILY RESIDENTIAL, COMMUNITY SERVICE OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
ITEM NO.1
LOCATION MAP; RS -4 TO RS -4 (CS-OV)
2) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO PERMITTED USES; AMENDING CHAPTER 20 Oi- THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING' SECTION 20 -3.3 (D) ENTITLED, "PERMITTED USE SCHEDULE," IN
ORDER TO ADD MORTGAGE BANKING i MORTGAGE BROKERAGE AS A PERMITTED USE IN THE,'`GR ",
GENERAL RETAIL USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
3) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA.
RELATING TO THE LAND DEVELOPMENT CODE; SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO
8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE MODIFICATIONS MADE
TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Public hearings on the above- proposed ordinances will be conducted daring regular meetings of the South
Miami City Commission scheduled for:
Tuesday, January 9, 2001 at 7:30 Piet - 1st Reading
Tuesday, February 6, 2001 at 7 :30 PM - 2nd Reading and Adoption
The meetings will be, held in the City Commission Chambers, South (Miami City Hall, 6130 Sunset Drive,.
South Miami. Ficrida, 33143 All interested persons are invited to a:Tand ano anli be heard. Copies of the
Subject ordinances ar? available for re'iiew In the City's Planning DeDa UTleit, which Is located on the 2nd
floor of the South Miami City Hall. 611) Sunset Drive. Inquiries concerning these items may be directed to
the Planning Department at 305 -6631-6326.
Pursuant to Florida Statute 286.0':05, 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.
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Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: February 6, 2001
and City Commission
Agenda Item #
From: Charles D. Scurr Re: A g
City Manager LDC Amendment:
Permitted Use in NR District
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND; DEVELOPMENT CODE,
BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE
TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE
"NR", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached ordinance, which was previously adopted by the Commission, amends the City's
Permitted Use Schedule. The revision is in response to concerns that gasoline service stations are
not a compatible use either within or adjacent to residential neighborhoods. The City's Land
Development Code currently allows service stations as a special use (requires public hearing and
adherence to special conditions) in the neighborhood and general retail districts. Based upon the
goals and objectives of the City's Comprehensive Plan pertaining to the preservation of single -
family residential neighborhoods and the elimination of uses inconsistent with community
character, it would be appropriate to amend the Land Development Code to remove gasoline
service stations as a special use in the "NR " Neighborhood Retail District. It is important to note
that the proposed amendment will not immediately impact existing service stations, however;
stations located in an "NW' 'district would become nonconforming uses and will, in the future, be
subject to the regulations governing nonconforming uses.
A proposed ordinance removing gasoline service stations as a special use in the "NR" zoning
district was presented to the City Commission at its March 21, 2000 meeting at which time the
Commission adopted the ordinance on first reading without advertisement or a public hearing.
;. 0
LDC Amendment — Community Service Overlay
Commission Meeting: February 6, 2001
Page 2 of 2
The item was then referred to the Planning Board. The Planning Board at its April 25, 2000
meeting conducted a public hearing, and by a vote of 4 -1 recommended that the ordinance be
referred to the newly created Zoning Task Force for consideration. The City Commission did
not opt for the recommendation to refer the matter to the Zoning Task Force; rather, the subject
ordinance went before the Commission at its May 16, ; 2000 meeting, at which time the
Commission held a public hearing and adopted the ordinance on second reading.
REASONS FOR RE- ADOPTION
Subsequent to the May 16th meeting, City staff determined that the ordinance adoption process
might not have been in accord with Florida statutes governing zoning amendments which modify
a Land Development Code permitted use schedule. Florida Statute 161.041(3)(c )2a and 2b
generally require certain procedures to be followed only for ordinances that change the zoning
map or the uses permitted in a zoning district. The regulations require two public hearings each
advertised in accordance with instructions listed in the statute. In order to strictly comply with
the ordinance adoption procedures for this type of amendment it is recommended that the
proposed ordinance be subject to public hearings and re- adoption at this time.
RECOMMENDATION:
The subject ordinance was approved on first reading at the City Commission meeting on
January 16, 2001.
The proposed text amendment will eliminate a use that is inconsistent with the policies of the
Comprehensive Plan and will protect the character of residential areas in the future. It is
recommended that the ordinance be adopted on second reading.
Attachment:
Proposed Ordinance
Public notice
Planning Board Minutes, 4/25/00
NU. �f
CDS /SB /RGL /SAY v
D: \Comm Items\2001\2 -6 -01 \LDC Amend - NR Gas Stations.doc
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
6 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
7 BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE"
8 TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE
9 "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14
15 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
16 program to update, clarify, and improve the provisions of the City's Land Development Code;
17 and
18
19 WHEREAS, the South Miami Comprehensive Plan states that the City should preserve and
20 enhance the quality of life in existing single - family residential neighborhoods and should
21 eliminate uses inconsistent with community character(Land Use Element, Goal 1, Objective 1.1);
22 and
23
24 WHEREAS, after review and consideration, the Planning and Zoning Department has
25 determined that allowing gasoline service stations within neighborhood oriented zoning districts
26 is inconsistent with the City's Comprehensive Plan and an appropriate amendment to the Land
27 Development Code should be prepared; and
28
29 WHEREAS, a specific amendment to Section 20- 3.3(D) of the Land Development Code has
30 been prepared in order to remove gasoline service stations as a special use in the `NR'
31 ,Neighborhood Retail Zoning District; and
32
33 WHEREAS, at its April 25, 2000 meeting after a public hearing regarding the proposed
34 amendment to Section 20- 3.3(D) of the Land Development Code, the Planning Board voted 4 -1
35 to recommend to the City Commission that the ordinance be referred to the Zoning Task Force
36 for further consideration. and
37
38 WHEREAS, the City Commission desires to enact the aforesaid amendment.
39
40
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
44
45 Section 1 That Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land
46 Development Code is hereby amended to read as follows:
47
48
1
2
3
4
(2)
Section 20 -3.3 (D) Permitted Use Schedule
5 RETAIL AND WHOLESALE TRADE
Gasoline Service Station I I 1 181 S I I I I I I I 1 1 5 1 11
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Section .2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4 This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
NOTE: New wording underlined; wording to be removed indicated by strike - through
D: \Comm Items\2001\2- 6- 01 \LDC Amend - NR Ord -doc
ZONING
DISTRICT
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Gasoline Service Station I I 1 181 S I I I I I I I 1 1 5 1 11
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Section .2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4 This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
NOTE: New wording underlined; wording to be removed indicated by strike - through
D: \Comm Items\2001\2- 6- 01 \LDC Amend - NR Ord -doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE"
TO REMOVE GASOLINE SERVICE > STATIONS AS A SPECIAL USE IN THE
"NR", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
program to update, clarify, and improve the provisions of the City's Land Development Code;
and
WHEREAS, the South Miami Comprehensive Plan states that the City should preserve and
enhance the quality of life in existing single- family residential neighborhoods and should
eliminate uses inconsistent with community character(Land Use Element, Goal 1, Objective 1.1);
and
WHEREAS, after review and consideration, the Planning and Zoning Department has
determined that allowing gasoline service stations within neighborhood oriented zoning districts
is inconsistent with the City's Comprehensive Plan and an appropriate amendment to the Land
Development Code should be prepared; and
WHEREAS, a specific amendment to Section 20- 3.3(D) of the Land Development Code has
been prepared in order to remove gasoline service stations as a special use in the `NR'
,Neighborhood Retail Zoning District; and
WHEREAS, at its April 25, 2000 meeting after a public hearing regarding the proposed
amendment to Section 20- 3.3(D) of the Land Development Code, the Planning Board voted 4 -1
to recommend to the City Commission that the ordinance be referred to the Zoning Task Force
for further consideration. and
WHEREAS, the City Commission desires to enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land
Development Code is hereby amended to read as follows:
FRR,
(2)
Section 20 -3.3 (D) Permitted Use Schedule
KL I AIL AIN V W IMLENALli I IUWL
Gasoline Service Station I I I 18 S 5 11
Section .2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4 This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
NOTE: New wording underlined; wording to be removed indicated by strike - through
D: \Comm Items\200 1\2-6-0 1TDC Amend - NR Ord -doc
,5,.
ZONING
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KL I AIL AIN V W IMLENALli I IUWL
Gasoline Service Station I I I 18 S 5 11
Section .2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4 This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
NOTE: New wording underlined; wording to be removed indicated by strike - through
D: \Comm Items\200 1\2-6-0 1TDC Amend - NR Ord -doc
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
AMENDMENTTO LAND DEVELOPMENT CODE x
5
NOTICE IS 'HEREBY given that the City
Commission of the 'City of South Miami will
conduct a Second Reading Public Hearing on '
the following proposed ordinance amending the
City's Land Development:
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING
SECTION 20- 3.3(D) ENTITLED, "PERMITTED
USE SCHEDULE" TO REMOVE GASOLINE
SERVICE STATIONS AS A SPECIAL USE IN
THE "NR ", NEIGHBORHOOD RETAIL ZONING
DISTRICT; PROVIDING FOR SEVERABILITY,
ORDINANCES IN ` CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.;
The second reading public hearing on the
above - proposed ordinance will be conducted
during a regular meeting of the South Miami
City Commission scheduled for:
Tuesday, February 6, 2001 at 7:30 PM
The meeting will be held in the City
Commission Chambers, South Miami City Hall,
6130 Sunset Drive, South Miami, Florida
33143. All interested persons are invited to .
attend and will be heard. Copies; of the subject
ordinance are available for review in the City's
Planning Department, which is located on the
2nd floor of the South Miami City Hall, 6130
Sunset Drive. Inquiries concerning this item
may be directed to the Planning Department at .
305 -663 -6326.
Ronetta Taylor, CMC
City Clerk
City of South Miami
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 d
which the appeal is to be based.
P
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Action Summary Minutes
Tuesday, April 25, 2000
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: Mr. Morton, Chair, called the meeting to order at 7:35 p.m. and the Pledge of
Allegiance was recited.
II. Roll Call
Action: Mr. Morton performed roll call.
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Illas, Mr. Lefley
Board members absent
Mr. Cooper, Mr. Mann'
City staff present
Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff)
David Struder (Board Secretary)
Action: Mr. <Basu held opening remarks.
The Board and staff discussed the lobbyist ordinance recently passed by the City
Commission. Board and staff concerns included; but were not limited to, the following:
enforcement of the ordinance; reasons for the ordinance;' scope and impact of the
ordinance;` and payment of fees as required by the ordinance.
The Board asked that the Mayor, Vice- Mayor, or a Commissioner attend a future Planning
Board meeting during which the ordinance may be further considered.
III. Public Hearings
PB MINS O4 -25 -00 l
ITEM: PB -00 -.009 (deferred from 4 -11 -00 meeting)
Applicant: Mayor and City Commission
Request:
AN ORDINANCE OF THE MAYOR AND CITYCOMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING
SECTION 20-3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO
REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN
THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the request into the record and staff introduced the item.
Public speakers: Ms. Doris Hall Mr. David Tucker, Sr.; Ms. Yvonne Beckman "<
The Board and staff discussed the item. Specifics related by the Board and/or staff
included, but were not limited to, the following: appropriateness of gasoline service
stations in the NR zoning district; possible limited use of gasoline service stations in NR,
such as without automobile repair; impact of the ordinance upon certain property zoned
NR, specifically located at SW 62 Avenue and 64 Street; current non - conforming uses in
the NR zoning district; and uses currently permitted in the NR zoning district.
Motion: Mr. Lefley moved approval that the matter be referred to the Zoning Task Force
for consideration. Mr. Morton seconded the motion.
Vote: Approved 4 Opposed 1 (Mr. Illas)
IV. Discussion Items
No discussion items were scheduled at meeting time.
V. Approval of Minutes
Action: The Board duly voted on and approved the minutes of April 11, 2000, as
submitted.
Vote: Approved 5 Opposed 0
VI. Remarks/ Discussion
Action: The Board and staff discussed such concerns as making PB information packets
more complete; exercising more control over PB applicants who appear at meetings; and -
PB member(s) attending City Commission meetings for consideration of Board items.
PB MINS O4 -25 -00 2
PB MINS O4- 25 -00 3
l
�
. CITY F SOUTH MIAMI Y
Naednations needed fi
NOTICE OF PELF HAITI I am curious about vacci- must get before I can get her in?
a hating my child. She's 4, and I LOUISA MARTINEZ
z AMENDMENT LAND DEVELOPMENT CODE wart her to oral ���Ie�
a start school
> in the fall. A. In Miami -Dade and
a She's on a Broward counties, all children
Cn IlQBiCE " 6S HEREBY given that the City waiting list, entering: kindergarten, first or
Commission of the City of South Miami will and I want to i 'second grade must complete a
p r e p a r e hepatitis B vaccine series in
conduct a Second Reading Public Hearing on earl for get- g addition to the required immu-
the following proposed ordinance amending the ting her vac- I nizations' for diphtheria, pertus
M City's Land Development: ciliated. I sis, tetanus, polio; measles,
TASHA C.
need t o mumps and rubella.
know what JOSEPH In addition, before entering
3 AN ORDINANCE OF THE MAYOR AND CITY v a, c c i n e s CLASS school, all incoming seventh -
COMMISSION OF THE CITY OF SOUTH she's going ACTION graders must receive a second
$ to need to dose of the measles vaccine,
W MIAMI; FLORIDA, RELATING TO PERMITTED get enrolled in school. Are three doses of the hepatitis B
USES•, AMENDING CHAPTER 20 OF THE there specific vaccinations she vaccine series and a tetanus
CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING
SECTION 20- 3.3(D) ENTITLED, "PERMITTED 11,_< s
USE SCHEDULE" TO REMOVE GASOLINE twast—feeditig a, P
SERVICE STATIONS AS A SPECIAL USE IN Q I am breast- feeding my Still, you are seeking objective
THE "NR ", NEIGHBORHOOD RETAIL ZONING 1�' year -old who is growing information to make decisions
DISTRICT; PROVIDING FOR SEVERABILITY and thriving. I have no immedi- about nursing so it will remain
ORDINANCES IN CONFLICT, ate plans to � ---- -� a mutually beneficial experi-
CT, AND wean her. ence.
PROVIDING AN EFFECTIVE DATE. Family meta Your daughter's pediatrician
hers and can provide information about
even strung your daughter's growth and
The Second reading public hearing on the ers are ask ,development and help you
ing me when make informed decisions about
above-proposed ordinance will be conducted I plan to stop her nutritional needs. Also, the
during a, regular meeting of the South Miami nursing. I've ;' (American Academy of Pediat-
City Commission scheduled for: been getting Tics publishes a policy state -
n e g a t i v e 1E ment about nursing and offers
feedback GLASSER SCHEN K general guidelines about
Tuesday, February 6, 2001 at 7:30 PM about my POSITIVE breast- feeding practices that
daughter PARENTING may be helpful to you. For
becoming more information, you can
The meeting will be held in the City too old to nurse. When is a 'access its website at
Commission Chambers, South Miami City Hall, i child too old to nurse? Mow do www.aap.org.
you recommend that I handle La Leche League Interna-
6130 Sunset Drive, South Miami, 'Florida their feedback? tional provides information and
33143. All interested persons are invited to A: You have identified two support about breast - feeding. It
e subject attend and will be heard. Copies of the significant challenges that you can be reached at 1-800-LA-
are experiencing. First, you are LECHE or wwwdalechelea-
ordinance are available for review In the City's receiving unsolicited negative gue.org.,,In addition to the La
Planning Department, which is located on the feedback from others, and this Leche League, churches, syna-
2nd floor of the South Miami City l-laCl 6130 Can be difficult to handle. Sec- gogues and universities offer
, ond, you are seeking objective support groups for breast
Sunset Drive. Inquiries Concerning this item information to help you'make 'feeding parents.
may be irecfed to the Planning Department et informed decisions about what Whether the issue is breast
is best for your baby, with feeding or some other aspect of
305-663 -6326: regard to breast - feeding. There parenting, there will be times
are no hard and fast rules about when all' parents 'receive unso-
ROnetta Taylor, CIVIC when to wean a child from the licited advice from family,
breast. Some breast - feeding friends or strangers. Some par-
City Clerk parents nurse for days, other ents choose to ignore the
City of South Miami nurse for months, one year, two advice of others. Some parents
years, three years and older. question their decisions when
Recisions about how long to others contradict their choices.
Pursuant to Florida Statutes 286.0105, the City hereby breast -feed a baby are intensely Others seek information from
advises the ,public that if a person decides to appeal any personal and vary depending , trusted and reliable sources to
decision made by this Board, Agency or Commission � on a number of medical, cul- help make decisions that feel
with respect to any matter considered at its meeting or tural anc familial beliefs and right for themselves and their
hearing, he or she will need a record of the proceedings, circumstances. -families.
and that for such purpose, affected person may need to In your situation, on, you have By seeking support and
indicated that breast - feeding is information from trusted
ensure that a verbatim record of the proceedings is made working well for you and your sources, you will likely feel
which record includes the testimony and evidence upon . daughter. Additionally, you ' more secure in your decision to
which the appeal is to be based. plan to continue to nurse her, at choose what works best for you
least for the immediate future. and your family.
SOU
U
N CORPQRATEO
1927
LOR9
Excellence, Integrity, Inclusion
MEMORANDUM
To: Mayor and City Commission Date: February 6, 2001
Agenda Item # 13 From: Charles D. Scurr Re: 2nd Reading: Lease Agreement
City Manager with SPG Phase One, Ltd., for a Mixed
Use /Joint Development Parking Garage
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY ' OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG
PHASE ONE, LTD., FOR CONSTRUCTION AND OPERATION OF A
MULTI -USE PARKING GARAGE ; - PROVIDING FOR TERMS AND
CONDITIONS PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
Proiect History
The City of South Miami issued the Request for ` Proposals in June 1997 for the
municipal parking lot located at SW 73rd Street and SW 58t Avenue. In September 1997,
the City Commission awarded the proposed project for the design, construction, leasing
and management of the mixed -use development and parking garage to SPG Phase One.
The initial project was for a mixed -use parking garage that included the following:
• Area - Only the City of South Miami Parking Lot, not including the Richman
Property;
Parking Spaces
♦ Total Spaces — 257
♦ City Replacement Parking — 73
♦ Code Required Parking - 58* ( *'Includes shared parking credit, does not
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include'Metrorail credit)
Net New Parking Available 100 % - 126
♦ Net New Parking Available Nights & Weekends —133
• Mixed Uses
♦ Retail - 15,000 SF
♦ Office - 8,000 SF
♦ Residential - 0 Units
This project has experienced a series of changes, evolutions and delays. To date SPG,
has advanced seven versions of the project for consideration by the City.
The first evolution occurred shortly after the initial RFP. SPG eynded the scope of the
project to include the property at the corner of 73rd Street and 58t Court. This property,
owned by Mark Richman, is referred to as the Richman property. In March 1999, the
City Commission approved a Resolution accepting a;Proposed Framework for a Lease
Agreement that included the Richman property.
It is our understanding that the °agreement between SPG and Richman was never
finalized. On September 7, 1999, a Lease Agreement that no longer included the
Richman property was presented to the Commission and approved on first reading.
At the City's suggestion, SPG & Richman resumed discussions. On October l st and 14th,
SPG - presented 'an enhanced project that once again included the Richman property. That
project included the following:
• Area — The City of South Miami Parking Lot and the Richman Property;
• Parking Spaces
♦ Total Spaces — 493
City Replacement Parking — 73
♦ Code Required Parking - 95*
Net New Parking Available 100% - 325
li ♦ Net New Parking Available Nights & Weekends - 350
• Mixed Uses
Retail - 31,300 SF
♦ Office - 8,000 SF
♦ Residential - 0 Units
On November 11, 1999, SPG advised the City that the project, as proposed, was not
financially feasible and that, as soon as the financial implications of the market
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conditions were fully analyzed, that .a modified project would be submitted.
In December 1999, SPG submitted their revised project. That project, Version 6,
included the following:
• Area The City of South' Miami Parking Lot and the Richman property;
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• Parking Spaces
♦ Total Spaces - 336
♦ City Replacement Parking - 73
♦ Code Required Parking —169*
♦ Net New Parking Available 100% - 94
♦ Net New Parking Available Nights & Weekends - 204
• Mixed Uses
♦ Retail @ 29,530 SF
Office @ 35,000 SF
♦ Residential @ 0 Units
The vertical configuration of the final project includes the following:
• Ground Level Retail
• Second Level —100°/ Parking
• Third & Fourth Level 50% Office; 50% Parking
• Roof- 100 % Parking
Version 6 was presented to the Planning Board on May 30, 2000 for consideration of the
j Zoning items. The Planning Board recommended denial of the requests for Special
Exceptions. The project was submitted to the City Commission for second reading and
public hearing on July 18, 2000. The project was denied.
The Commission subsequently directed staff and the developer to explore additional
alternatives to the project that would provide for additional public municipal parking. At
a Special Meeting on October 12, 2000, a series of alternatives were presented. The
Commission directed staff and the developer to recommence negotiations on Alternative
"B ", which would essentially provide for one additional floor of municipal parking. The
Commission also directed staff to develop a financial evaluation for a "Municipal Parking
Garage" that would include limited retail on the first floor and only parking in the
remainder of the facility on all remaining floors.
The agenda item tonight includes the revised lease for Version 7 as directed by the
Commission (Attachment Q. Also attached in the package is the financial analysis for
the Municipal Parking Garage (Attachment B).
The "Final SPG Mixed Use Project" now under consideration and the subject of this lease
j agreement includes the following:
• Area- The City of South Miami Parking Lot and the Richman property;
• Parking Spaces
♦ Total Spaces - 442
♦ City Replacement Parking - 73
Code Required Parking 148* (Includes shared use credit; does not
include Metrorail credit)
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Net New Parking Available 100% o - 221
♦ Net New Parking Available Nights `& Weekends 314
• Mixed Uses
♦ Retail @ 28,200 SF
♦ Office @ 29,434 SF
Residential @ 0 Units
The geometry of the final project includes the following:
• Ground Level — Retail
• Second Level 100% Municipal Parking
• Third Level -100 %o Municipal Parking
• Fourth & Fifth Level — 50% o Office; 50% o Parking
Roof _ 100% Parking
The height of the building will be approximately 59 feet. The allowable, height in the
!, Hometown District is 56 feet. The project, as expected in a garage, facility, will include
maximum lot coverage. There will be a number of special exceptions required for this
project. These special exceptions will be the subject of a separate planning /zoning
process and approvals.
Financial Considerations
Luis 'Figueredo of the City Attorney's Office has prepared a memorandum detailing the
framework of the Lease agreement (Attachment A).
The financials for the final project have changed as the concept for the project has
evolved. The major financial parameters are:
• Minimum Rent - The concept of minimum rent was designed to compensate
the City for lost revenue from the existing 73 spaces in the City lot. In the
final project, minimum rent has been replaced with the provision ` of
"replacement" parking.. The second floor of the final project will be metered
parking. The City of South Miami will retain 73 metered spaces and derive
all revenue from those spaces. The City will determine rates, hours of
operation, etc., for those spaces. The City will derive all revenue from the
metered spaces on the 3rd level. The City will also continue to enforce (e.g.
ticket) on the entire 2nd and 3rd levels and retain its normal revenue from this
activity. The initial revenue from parking meters is estimated at
approximately $125,000.
The final agreement does not include any cash rental payment to the City -
during construction. This is non- standard for a lease of this type. In lieu of
cash, SPG will provide, to the best of their ability, office space for City use
during construction, and the provision of 200 SF of permanent office space on
the ground floor of the project.
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• Percentage Rent - Percentage rent is designed to compensate the City as the
owner of the land. The `final project includes a two -tier percentage payment.
The City will receive 2.5% of adjusted gross revenues up to $1,400,000; and
7.0 % of the adjusted gross revenues above $1,400,000. The two-tier payment
will be beneficial to the City over the long term as inflation and increased
demand for space increase. The initial revenue is estimated at approximately
$32,000.
• Ad Valorem Taxes & Other Revenues:— The project has undergone a number
of conceptual approaches to tax revenues, supplemental rent and other
revenue. The final project, with an estimated value of $8,000,000, and the
City's. current ad valorem tax rate of 6.373 mills, will generate approximately
$50,000 annually. The City will also receive an estimated $5,000 annually
{
from Occupational License Fees and approximately $60,000 annually from
parking meter enforcement.
• City Financing 'of Additional Level of Parkin The City will assume the
L �' _ g g - �'
financial responsibility for the incremental cost of construction and the
incremental increase in operating costs for the additional level of municipal
parking. The capital cost is capped at $12,000 per space for a total, assuming
110 spaces, of $1,220,000. This would result in a maximum annual cost,
during the period of debt service, of approximately $120,000. The incremental
operating costs are not expected to be significant and should not exceed
$44,000 annually. This results' in an expense to the City of approximately
$164,000.
INITIAL YEAR CALCULATIONS
REVENUES
Parking Meters $125,000
Percentage Rent 30,000
Ad Valorem Taxes 50,000
Occupational Licenses 5,000
Parking Enforcement 60,000
Sub Total $270,000
EXPENSES
Debt Service $120,000
I' Operations 44,000
Sub Total $164,000
NET PROJECTED REVENUE TO CITY $106,000
(CURRENT REVENUE RECEIVED BY
CITY FROM SURFACE LOT) ($126,000)
NET NEW REVENUE TO CITY ($20,000)
5
In sum, from a financial perspective, the Final SPG Mixed Use Garage is essentially a
no -cost break even proposition for the City in the initial years of the project. The City
receives the additional municipal parking at no cost. In subsequent years the project is
I' expected to p r o duce positive revenue for the City above a nd beyond
that currently
received from the surface parking operation.
Hometown Plan and Parking Considerations
The Hometown Plan envisions vibrant.,mixed uses downtown. The "final project" is
superior to the original project in terms of a pure hometown plan development. It is a
development as envisioned by the Hometown Plan in that it includes three uses: retail,
office and parking. The synergy between these three uses is particularly important in that
the office use provides patrons for the retail uses during the week and also provides
g
surplus parking for retail uses on nights and weekends. The addition of the office
component also adds to the value of the project' and the ad valorem and occupational
j license revenue received by the City.'
This site has always been contemplated to provide surplus parking for other downtown
hometown projects (i.e. Net new parking available 100 %) as well as provide additional
parking to support downtown' merchants (i.e. Net New Parking Available Nights. and
Weekends).
The "original" project of September 1997 included a total of 257 spaces. After deducting
the City replacement parking (73 spaces) and code required parking (58), the Net New
Parking Available 100% o was 126 spaces and the Net New Spaces' Available Nights and
Weekends was 133 spaces.
The "final project" includes a total of 442 spaces. The Net New Parking Available 100 %
is 221 spaces and the Net New Parking Available Nights and Weekends is 314 spaces.
The Municipal Parking Garage option, which is the subject of the financial analysis
developed by the City Attorney's Office (Attachment B), contains a maximum total of
590 spaces. The Net New Parking Available 100% is 464 spaces. The Net New Parking
Available Nights and Weekends is approximately 500 spaces.
II'I Project Total Net 100% Net Nights and Weekends
Original SPG 257 126 133
Final SPG 442 201 314
Municipal Garage 590 464 500
The major issue with the Municipal Garage is the expense. The capital cost is estimated
at $8,283,600, with a resulting minimum annual debt service of $638,690. The estimated
annual operating and maintenance expense would be approximately $236,000 resulting in
a total annual expense of approximately $875,000.
6
The revenue available to offset this expense would come primarily from parking
revenues, enforcement fines and occupational license fees. Factoring the projections
developed above a new municipal lot would generate approximately $200,000 in revenue
in the first full year of operation. This assumes no revenue to the City from the retail
operation as this would be a concession in lieu of land acquisition.
This would result in an initial annual deficit of $675,000. This amount would decrease
over time, but even under optimistic scenarios it would take years for the facility to be
self supporting.
Net Nights/ Additional Annual Income/
Alternative Net 100% Weekends (Expense) to City
SPG Mixed Use 201 314 ($ 20,000)
Municipal Garage 464 500 ($675,000)
A variety of options for a smaller municipal facility exist. However, any significant
reduction in parking levels significantly detracts for the ability of the facility to serve its
role as an infrastructure garage. It should also be noted that construction of the municipal
garage could be deferred until a future date when revenue forecasts would be higher.
The availability of funds to support a Municipal Parking Garage is uncertain. Potential
sources include:
• Revenue Bond with on- street meters pledged as ' collateral. This could be
approved by the City Commission. It would require existing on- street parking
meter revenue to be shifted from the general operating fund.
• General Obligation Bond. This would, require a voter referendum.
Special District D s trict Parkin g Bond. This would re q uire a referendum of affected
downtown property owners.
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It should also be noted that the City has a second surface lot available on 71't that could
also be used to meet future parking needs. The City has been in discussion for some time
with the Simon Property Group regarding a mixed use joint development on the City
Parking Lot on 71St Street and the "Tire Kingdom" property next door. While that project
is not advancing, one of the earlier iterations included a freestanding parking garage
solely on the City site. This site could yield 236 spaces if used solely as a parking
garage. The current surface parking yields 45 spaces. The potential Net New Parking
Available 100% would be 191 spaces. It must be stressed, however, that no funding has
been identified for a new 71St Street Facility and there is no assurance that funding will be
available.
7
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Finally, it should be noted that, under any scenario, new mid and large size developments
will be required to provide virtually all of their parking on site. This is physically
possible but will require increased lot coverage allowances. The Zoning Task Force is
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currently reviewing this factor.
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SUMMARY & CONCLUSION
The essence of the public policy decision facing the City revolves around two issues.
The first issue is whether the need exists for additional parking in the Central Business
District to support current and future development in the Hometown District and the
existing commercial and retail merchant base. If the decision is affirmative then the
'I public policy decision becomes which, of the two primary alternatives available to the
City, is the preferred alternative.
1
The final lease agreement for the SPG Mixed Use Project, the final product is the result
of literally years of effort. There have been many challenges to overcome throughout the
process. The final lease agreement is the result of intense negotiation. The final product,
while not optimal from either party perspective, is acceptable and does achieve the public
policy objectives of the City of SouthMiami.
ATTACHMENTS
Three documents are attached:
• Attachment A: Lease Summary
• Attachment B: Projected Construction Costs for City of South Miami
Municipal Garage
• Attachment C: The Lease Agreement.
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ORDINANCE NO.
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
10
CITY OF SOUTH MIAMI, - FLORIDA, 'RELATING TO CONTRACTS
11
APPROVING THE GROUND LEASE AGREEMENT BETWEEN THE
12
CITY OF SOUTH MIAMI AND SPG PHASE ONE, LTD.,' FOR `A MIXED
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USE /JOINT DEVELOPMENT PARKING GARAGE ON THE
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MUNICIPAL PARKING LOT BOUNDED BY SW 73RD STREET ON THE
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SOUTH, SW 58TH AVENUE ON THE EAST, SE 58TH COURT ON THE
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WEST`' AND AN ALLEYWAY ON THE NORTH; PROVIDING FOR
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TERMS AND CONDITIONS; PROVIDING _ FOR ORDINANCES IN
18
CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE.
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WHEREAS, the City of South Miami issued a Request for Proposals for the design,
22
construction, leasing, and management of the mixed -use development parking garage for the
23
municipal parking lot located at SW 73rd Street and SW 581h Avenue in June 1997; and
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WHEREAS, the City accepted the proposal by SPG Phase One, Ltd., for negotiating
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purposes in September 1997; and
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WHEREAS, the terms and conditions of the Lease Agreement have been finalized;
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
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COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA:
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Section 1. The Lease Agreement between the City and SPG Phase One Limited is
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approved;
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Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
40
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
41
affect the validity of the remaining portions of this ordinance.
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Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
44
r_
ordinance are repealed.
1
2
Section 4. This ordinance shall take effect immediately upon the approval.
3
4
5
6
PASSED AND ADOPTED this _ day of 71999.
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V
f 9
j 10
11
ATTEST; APPROVED:
12
13
14
CITY CLERK ' MAYOR
15
16
1 St Reading —
,1 17
2 °a Reading
18
19
COMMISSION VOTE:
20
READ AND APPROVED AS TO FORM Mayor Robaina:
21
Vice Mayor Feliu:
{ 22
Commissioner Russell:
23
CITY ATTORNEY Commissioner Bethel:
24
Commissioner Wiscombe:
25
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Additions shown by underlining and deletions shown by ever-sttiking
I
LEASE SUMMARY
1, Tenant: SPG Phase One, Ltd., a Florida limited partnership
2. Landlord: City of South Miami
3. Guarantor: None.
4. Demised Premises:
(a) The municipal parking lot located at S.W. 73'a Street, S.W. 58th Avenue,
and S.W. 58th Court together with the air rights over the Mark Richmond Property (MRP)
located at the corner of S.W. 73rd Street and S.W. 58th Court, in the City of South Miami.
(b) Permitted use: mixed use retail, office and parking garage building.
5. Term:
(a) The term of the Lease will be for fifty (50) years (Section 4.1).
(b) Lease Start Date: The date the commencement of construction notice is
filed. Notice of commencement of construction must be filed within
ninety (90) days of the Permit Date (Section 9.2). Tenant must prepare all
working drawings and submit all permit applications within six months
(Section 8.4).
(c) No option to renew and extend.
(d) Lease Termination Events:
(i) if Tenant fails to commence construction on the Project within
ninety (90) days of the Permit Date (Section 9.2.1);
(ii) at Tenant's option, if casualty destroys the improvements during
the last five (5) years of the term of the Lease and the estimated cost for repair and
restoration exceeds five hundred thousand dollars ($500,000.00) (Section 21.5);
(iii) upon a taking of the demised premises (Section 13);
(iv) after an Event of Default, notice and failure to cure (Section 12);
(v) at Tenant's option, if the City is unable to resolve the alleyway
claim. If the Lease is terminated under this section, the City would
be responsible for reimbursing SPG. for those reasonable and
necessary costs associated with the Lease (Section 7.3);
Page 1 of 5
(vi) if Tenant does not prepare all working drawings and submit all
applications for all permits required for commencement of
construction within six months or if Tenant fails to diligently
pursue the issuance of the Permits (Section 8.4).
6. Rent and Other Charges:
(a) Minimum Rent - $6,333.00 per calendar month if completion of
construction exceeds twelve months and forty -five days after the Permit Date. The
Minimum Rent payments shall continue until the parking structure has been issued a
certificate of occupancy or a temporary certificate of occupancy (Section 5.3);
(b) Participation Rent — 2.5% of gross income up to $1,400,000.00. 7% of the
gross income which exceeds' $1,400,000.00. The Participation Rent is payable on May 5,
August 5, November 5, and February 5 of each Lease year (Sections 5.2.1 and 6.1);
(c) Basis of the Participation Rent — Section 5.2.2 defines "Gross Income" as
all monies derived from parking revenue and subtenant rental income actually received
by Tenant less 'standard tenant pass through 'expenses, interest, subtenant deposits,
proceeds from refinancing or transfer of leasehold interest, less cash or cash equivalent
reserves, sales tax collected from subtenant, security deposits, and casualty loss
reimbursements by insurers or proceeds from condemnation or settlements.
(d) Deposit: None.
(e) Other Charges:
(i) taxes and impositions;
(ii) penalty rent: failure of Tenant to pay any rent when due (after
written notice) shall accrue interest at the interest rate of twelve percent (12 %) (Section
12.1);
(iii) transfer fee: upon Tenant's transfer of its leasehold interest,
Tenant 'shall pay landlord a transfer fee of 2.5% of the net profits of the first
$1,400,000.00 of proceeds received by Tenant and 7% of the net profits which exceed
$1,400,000.00 (Section 22.5).
7. Landlord's Financial Obligations:
(a) The City assumes financial responsibility for the construction costs
associated with one additional parking level (approximately 110 spaces). The Tenant and
Landlord must agree on the estimated construction costs. If the parties cannot agree, the
matter will be submitted to arbitration. In no event will the construction costs exceed
$12,000 per space (Section 9.2.9).
Page 2 of 5
(b) Landlord may elect to pay its financial obligation in one lump sum within
forty -five days of completion of construction or on the same terms and conditions as
Tenant's financing for the project (Section 11.9).
(c) Landlord agrees to appropriate and budget funds to pay for its financial
obligations in the event the project does not generate sufficient funds (Section 11.11).
(d) Landlord shall assume financial responsibility for the additional operating
costs incurred by Tenant resulting from the additional parking level (Section 6.1.2).
(e) The interest penalty for failure by Landlord to pay its obligations when
due (after written notice) shall accrue interest at the interest rate of twelve percent (12 %)
(Section 1`2.5).
Miscellaneous:
(a) The Lease will be recorded in the public records.
(b) Ownership of the Building: SPG will deed the parking structure including
the air rights over the MRP property to the City on or before the end of the Lease term
(Section 20).
(c) In lieu of Minimum Rent, the City shall retain ownership over 73 metered
spaces and receive the revenues from those spaces (Section 5.1.1);
(d) Landlord Approval for Material Changes: Any changes which alter the
cost of the project by more than five percent or alter the intended use of the project must
be reviewed and approved by the Landlord (Section 8.3.4);
(e) Change after Receipt of Permits: If the City initiates a change in the plans
after Tenant has received its Permits, the City agrees to reimburse SPG those costs
associated with modifying the plans and obtaining additional Permits. To the extent that
the change causes SPG to exceed its construction schedule, the City would be responsible
for the Default Rent of $8,500 per month due to Mr. Richmond until the certificate of
completion for the exterior of the building is received (Section 8.5);
(f) Holiday Season Construction: SPG shall not engage in any construction
activities between Thanksgiving Day and December 26 of any year that materially impact
neighboring retail shops by severely impeding traffic flows on 73rd Street, 58h Avenue or
58th Court (Section 9.8);
(g) Financing: SPG shall procure a construction loan from an institutional
lender which provides such loans in the ordinary course of business (Section 9.1.7);
Page 3 of 5
(h) Tenant may mortgage and remortgage its leasehold interest provided that
any financing secured by a mortgage is paid off before the 48th year of the Lease. Tenant
may not cross collateralize the Project for purposes of providing additional security to
obtain financing for any asset other than the Project (Section 11.1);
(i) Lender's Remedies: SPG's lender shall have the right to foreclose on
tenant's interest and transfer the leasehold interest to a third party. In the event the City
does not approve the transfer, the City shall either assume responsibility for the operation
of the building and repay of the balance of the loan or purchase lender's interest in the
remaining leasehold term. The purchase price shall be the amount set forth in the
foreclosure judgment obtained by the Lender (Section 11.8);
0) Use and Care: SPG shall use the Parking Structure for general office use,
retail use and as a rental parking facility. (Sections 14 and 19) SPG shall not permit any
other use without first receiving Landlord's advance written consent.
(k) Repair and Maintenance: SPG shall (except the City's parking meters on
the second level) repair and maintain the parking structure (Section 15);
(1) Right to Transfer Leasehold: SPG or any Successor Tenant may sell,
assign or convey their leasehold interest if the City Commission is satisfied after its due
diligence that the proposed successor has the financial strength, experience, capability
and moral character to comply with the Lease (Section 22.1). Mark Richmond shall have
a right of first refusal to any conveyance of SPG's leasehold interest (Section 22:6);
(m) Insurance: The insurance companies providing insurance coverage shall
have a best rating of B+ or equivalent (Section 23.3:4). SPG shall at its sole cost
maintain the following coverage:
Commercial General Liability -
Umbrella Liability -
Physical Property Damage Insurance -
Builder's Risk (during construction) -
Business Interruption
One million per occurrence
Three million dollars
100% replacement cost
one hundred percent (100 %)
replacement value
not less than six months of revenue
for the parking structure
(n) Security: SPG shall provide the City with a payment and performance
bond with a good and sufficient surety, naming the City as an obligee in a commercially
acceptable form (Section 9.5);
Page 4 of 5
f
(o) Signage: Signage on the facility shall comply with the applicable codes of
the City and any other jurisdiction having authority. The City shall be responsible for
providing way finding signs (not on the facility or land but in the vicinity of the facility)
(Sections 19.3 and 19.4);
(p) Municipal Space: SPG shall dedicate approximately 200 square feet of
space on the first floor to be used by Landlord for police purposes or for administrative or
uses that relate to municipal parking (Section 5.1.2);
(q) Night and Weekend Parking: The non- metered parking spaces shall be
made available for evening and weekend parking. (Section 19.1) SPG has also agreed to
make available, under conditions and limitations to be agreed on, the non - metered
parking for special events. The City reserves the right to set parking rates for a night and
weekend parking or special event parking (Section 19.5);
(r) Airspace Reversion Rights: The airspace reverts back to MRP if, after
completion of the building, there is a destruction of the Project and neither the Tenant nor
the City elect to cause the shell of the new MRP building to be rebuilt (Section 33)
(s) Reconstruction Rights: In the event the MRP building is demolished and
the Project is not constructed, MRP retains the right to reconstruct a building having the
same square footage, footprint and available parking spaces as the former structure
(Section 34).
(t) Mutual Release: The parties have agreed to release each other from all
causes of action, claims, demands and damages arising from the and related to the
Request for Proposal issued - by the City of South Miami. The release does not limit
either parties remedies due to defaults under the Lease Agreement (Section 36).
Page 5 of 5
CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: City Commission, Date: January 11, 2001
City of South Miami
From: Luis R. Figueredo a Re: Projected Construction Costs for City
of South Miami Municipal Garage
During a prior City Commission meeting, the City Commission directed staff to
furnish it with an estimate of the actual cost of construction to the City if it elected to build
the proposed municipal parking garage. For purposes of estimating construction costs, I have
6 obtained the actual construction costs for four garage projects in the area. The four projects
E
are:
• South Miami Hospital;
r Miami Beach, Park One;
• Baptist Hospital;
Oak Avenue Parking Plaza.
South Miami Hospital Garage
The South Miami Hospital garage consists of nine levels of parking, which provid -,s
the site with '743 additional parking spaces. The structure was constructed from pre -cast
concrete. This type of construction served two purposes: First, the garage could be erected
and completed much faster and required smaller staging areas. This helped to minimize the
amount of disruption caused by construction. Second, the cost of pre -cast construction is
slightly less than a "poured -in- place concrete structure. This garage also has additional
architectural pre -cast' elements applied to the fagade on the first three levels of the garage,
! in order to provide an architectural match to existing buildings across the main entrance
k court. A rendering together with a photograph of this garage is attached to this memorandum
° under Exhibit 1 The architectural firm of Maspons, Goicoria, Estevez, Inc. (MGE) designed
rj the garage. MGE advises that the hard construction costs for each parking space equaled
$10,100. The hard construction costs do not take into account soft costs associated with the
construction project. Typically, soft costs consists of professional fees such as architectural
fees and engineering fees and for a project of this size usually range between 18% and 20%
of the total construction costs. Accordingly, I have estimated the soft costs for this project
Memorandum to City Commission,
City of South Miami
January 11, 2001
Page 2 of 9
to be $1,800 per space. Therefore, the actual cost-per-space for the South Miami Hospital
garage was $11,900 per space. Based on the foregoing, I estimate that actual construction
costs for the South Miami garage ranged between $8.8 and $8.9 million.
Miami Beach Garage
Miami Beach, Park One garage is projected to have seven levels of parking to
accommodate 350 parking spaces. This structure will have an extensive amount of retail
space on. the ground level facing Ocean Drive. Unlike the South Miami Hospital garage, this
project is a "poured-in-place" concrete structure. MGE is also the architect for this project.
MGE advises that the extensive design elements required by Ocean Drive Art Deco building
regulations increased per parking space,:, construction costs to approximately $11,000 per
space. With the soft costs factored in, the actual cost per space for this project is estimated
at $12,980 per space. Renderings of the sed structure are attached to this memorandum
as Exhibit 2.
Baptist Hospital Garage
The Baptist Hospital garage, when completed, will be a five level garage. This
project is currently under construction. This garage will accommodate 750 parking spaces.
MGE advises that this project like the South Miami garage is also being built from pre-cast
concrete. The hard cost per space for this garage is $10,000. Once the soft costs are factored
in, the actual construction costs will range between $8.8 to $8.9 million. Pictures and.
renderings are included under Exhibit 3.
Oak Avenue Parking Plaza
Coconut Grove, Florida
This garage most closely resembles the project initially envisioned for South Miarni.
This garage consists of 404 parking spaces and 16,730 square feet of retail space at ground
level. The structure was designed by the firm of Spillis Candella DMJM. The structure
consists of five stories. The building height is approximately fifty feet. The hard costs
provided by Spillis Candella to complete this structure equal $4,700,000. 1 estimate that with
the soft costs factored in that the construction costs are closer to $6.4 million. A photograph
of the facility is included under Exhibit 4.
.... . ..
Project
Number of
Parking Spaces
Levels
Estimated Cost of
Construction
South Miami Hospital
743
9
$8.8 - $8.9 million
Miami Beach Park One
350
7
$4.5 million'
Baptist Hospital
750
5
$8.8 - $8.9 million
Oak Avenue Parking Plaza
404
S
$6.4 million
{
a Proposed South Miami Garage
i
For purposes of this memorandum, I have estimated that the hard construction costs
per space proposed for the municipal parking garage to be located at S.W. 73rd Street, S.W.
58th Avenue and S.W. 58th Court to be $10,000 per space. The soft costs should equal
approximately 18% of the hard costs.
Assuming, the structure consists of 590 spaces and 16,000 square feet of retail space,
the construction costs for building out the retail space should cost $70.00 per square foot.
The build -out of the retail space (excluding tenant improvements) would equal $1,120,000.
The hard cost of construction for 590 spaces at 10,000 per space equals $5,900,000. The
total cost of construction (including soft costs) for the project would range between $8.2' at d
$8.3 million dollars.
Below I have set forth four tables. Each table estimates monthly principal and interest
payments and annual debt service based upon the City obtaining eight million dollars of
prof ect financing. Two of the tables estimate the loan payoff over a period of forty years ,
the remaining tables amortize the repayment over a thirty -year period. I have assumed that
the City would be able to borrow at an interest rate slightly better than the Prime Rate.
jTherefore, I have calculated the debt service at seven and eight percent interest.
r
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I
l
1 This estimate does not include build out of retail space estimated at $70.00 per square foot.
Height
Five
levels
City!
paid
Spaces
Parking
Spaces
'Retail
Replace
Meters
Spaces
avail.
100 %
Cost
per
Space
Total
Hard
Soft
Factor
Per
space
Total
Grand
Total
Roof
110
5"
10
110
4d'
10
110
3m
10
110
2nd
10
110
IA
16
1 40
16,000
$1,120,000
$1,321,600
56
590
590
53
73
464
10,000
$5,900,000
1,800
$6,962,000
$8,253,600
Annual
debt sere
$667,499.28
Term
40
Int. rate
8.OG °io
Monthlv
prince
and int.
$55,624.94
Total #
of pmts
480
Total of
480 pmts
$26,699,968.89
F,a n
nta
$8,000,000
Llnt.
id
$18,699,963.89
Memorandum to City Commission,
City of South Miami
January 1.1, 2001
Page 5 of 9
F.i¢ht Million. Dollars (55.000.000) amortized at 7% over 40 years
Height
Five
levels
City
paid
Spaces
Parking
Spaces
Retail
Replace
Meters
Spaces
avail.
100%
Cost
per
Space
Total
Hard
Soft
Factor
Per
space
Total
Grand
Total
Roof
110
5'
to
110
4u`
10
110
3rd
10
110
2nd
10
110
1A
16 `
40
16,000
$1,321,600
56
590
590
53
73
464
10,000
$5,900,000 -
1,800
$6,962,000
$8,283,600
Annual
debt sere
$596,574.00
'Term
40
Int. rate
7.00'Yo
Monthly
prince
and int.
$49,714.50
'Total #
of pmts
480
Total of
480 pmts
$23,862,961.1.4
Loan
amt.
$8,000,000
Total Int.
paid
$15,862,96 L 14
Height
Five' ,
levels
City
paid
Spaces
Parking
Spaces
Retail
Replace
Meters
Spaces
avail,
100%
Cost
per
Space
Total
Hard
Soft
Factor
Per
space
Total
Grand
Total
Roof
110
qd,
10
11.0
4n,
10
110
3rd
10
110
2.,d
10
110
151
16
40
16,000
$1,321,600
56
590
590
53
93
464
1`0,000
$5,310,000
1,800
$6,962,000
- $8,283,600
Annual
debt sery
$704,414.04
Term
30
Int. rate
8.00 °, o
Monthly
prince
and int.
$58,701.17
Total
of pmts
360
Total of
360 pmts
$21,132,419.73
Loan
amt.
$8,000,000
Total Int.
paid
$13,132,419.73
Construction costs associated with adding one additional level of parking..
In the event the City elects to only assume financial responsibility for the costs
associated with adding one additional level of parking (110 additional parking spaces), the
costs should equal $1,298,000. If the City elects to finance the construction of the additional
level, its annual payments for a thirty year pay out, at eight percent interest, would equal
I $114,460.08. The monthly principal and interest payment would be approximately
$9,53 8.94. The annual payment amortized over forty years, at eight percent interest, wool d
be $108,468.60 or $9,039.05 monthly.
Projected Parking Revenues
The revenue assumptions briefly discussed below are only included to provide the
Commission with a benchmark when evaluating the construction costs for a mixed use
parking facility. The revenue assumptions are not derived from any feasibility study.
SPG provided the City with two different market assumptions for calculating the
amount of revenue that each parking space would generate. The initial market assumption
Height
Five'
levels
City
paid
Spaces
Parking
Spaces
Retail
Replace
Meters —
Spaces
avail.
100%
Cost
per
Space
Total
Hard
Soft
Factor
Per
space
Total
Grand
Total
Roof
110
5t"
10
110
4d,
10
110
3rd
10
110
2-d
10
110
1st
16
40
16,000
$1,321,600
56
590
590
53
73
464
10,000
$5,310,000
1,800
$6,962,000
38,283,600
Annual
debt sery
$638.690.40
Team
30
hit. rate
7.00
Monthly
i princp
and int.
$53,224.00
Total #
of pmts
360
Total of
360 pmts
$1,9,160,711.86
Loan
amt.
$8,000,000
Total Int.
paid
$11,160,711.86
Construction costs associated with adding one additional level of parking..
In the event the City elects to only assume financial responsibility for the costs
associated with adding one additional level of parking (110 additional parking spaces), the
costs should equal $1,298,000. If the City elects to finance the construction of the additional
level, its annual payments for a thirty year pay out, at eight percent interest, would equal
I $114,460.08. The monthly principal and interest payment would be approximately
$9,53 8.94. The annual payment amortized over forty years, at eight percent interest, wool d
be $108,468.60 or $9,039.05 monthly.
Projected Parking Revenues
The revenue assumptions briefly discussed below are only included to provide the
Commission with a benchmark when evaluating the construction costs for a mixed use
parking facility. The revenue assumptions are not derived from any feasibility study.
SPG provided the City with two different market assumptions for calculating the
amount of revenue that each parking space would generate. The initial market assumption
Memorandum to City Commission,
City of South Miami
January 11, 2001
Page 8 of 9
provided to the City by SPG estimated that each parking space would generate $6.00 of
revenue per day, per space. Subsequently, SPG estimated that actual revenue per space
generated at the parking garage would be closer to $1.00 per space, per day. For purposes
of this analysis, we have calculated revenues per space, per day at $6.00, $3.00 and $1.00.
Parking Revenues at $6.00 per day
SPG's initial revenue projections forecasted parking revenues of $6.00 per space, per
day. The revenues generated by 590 parking spaces at $6.00 per day equal $3,540.00 per
day. If that figure is multiplied by 365 days the revenues generated from the parking spaces
equal $1,292,000. SPG has since asserted that its original market assumption is unrealistic.
In fact, SPG now asserts that the average revenues generated by each space will equal $1.00
per space and not $6.00.
Unlike construction costs, parking revenues from the other garages are of limited
value since parking revenues are in most cases destination driven. I did, however, contact
the operator for the recently completed Oak Avenue ,Parking Plaza in Coconut Grove,
Florida. The operator advises that the parking garage is struggling. The operating budget
estimated that the facility would realize $655,000 in annual parking revenues. This figure
breaks down to $4.00 per space, per day. The operator for the garage did not disclose the
actual revenues generated by the facility. He did, however, suggest that the revenues
currently generated are dramatically less than the budgeted projections of $4.00 per day.
Parking Revenues at $3.00 and $1.00 per day
If the actual revenues generated by the facility equal $3.00 per space, per day, the
daily revenues generated for the garage would equal $1,770.00. Multiplied by 365 days, the
revenues from the parking spaces equal $646,050.
Under SPG's new market assumptions, the daily revenue for parking spaces would
equal $590.00 yielding an annual revenue of $215,350.
All of the revenue assumptions include current revenues generated by the 73 meters. They
do not include, however, any income that would be derived by the City from parking
enforcement.
Memorandum to City Commission;
City of South Miami
January 11, 2001 -
Page 9 of 9
Conclusion
If the parking structure generates revenues of $6.00 per space, per day as originally
projected by SPG, the revenues realized-by the parking structure would be sufficient to
satisfy the annual debt service for an $8,000,000 loan. If the actual revenues generated per
space, however , fall below $4.00 per space, per da Y� the parking garage would in all
probability (excluding revenues derived from parking enforcement) not generate sufficient
j revenue to service the annual principal and interest and pay the facility's operating costs. As
previously noted, the Oak Avenue Parking Plaza in Coconut Grove is currently generating
3 revenues which are less than $4.00 per space, per day. The generally accepted figure for
L annual operating costs in this industry is $400 per space. Using this figure, the parking
facility's annual operating costs would equal $236,000. Consequently, the carrying costs for
j the proposed parking facility would range between $700,000 and $900,000 annually.'
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DRAFT 02 -01 -01
LEASE AGREEMENT
between
CITY OF SOUTH MIAMI, as Landlord
and
SPG PHASE ONE, LTD., as Tenant
February , 2001
—,. -i •ate- .:r�..r�; :'�`�°"� z �.. �:��. '�'.w�.,�^- a, .. -�:-7 ,> �.€ �` i"r=..s'°;�r -T. .,,r -gam .s,.. �...
TABLE OF CONTENTS
Page
L Recitals.......... ................. ................... .....1
2. Definitions ... ............................ .....................1
3. Lease of Land ....................... ..............................7
1. Lease of Land ................. ..............................7
2. Airspace Termination ....... ...................... .......... 7
4. Term. ...................7
1. Original Term ................. ..............................7
5. Parking Meters, Percentage Rent, Minimum Rent and Landlord Operational
Obligation ......... ............................... .......7
1. Second Level Parking Revenue; Municipal Space .................. 7
5.1.1 Revenue from Second Level Parking Deck .................. 8
5.1.2 Municipal Space ....................................... 8
2. Lease Year Percentage Rent ................................... 8
5.2.1. Percentage Rent ............................. 8
5.2.2. Definitions ............ ............................... 8
5.2.3. Limitation on Payment Obligation ....................... 10
3. Minimum Rent .... .... .............................10
4. Landlord Operational Obligation .............................. 10
6. Payment . ................ ...... .............................10
1. Percentage Rent ............... .............................10
6.1.1. Payment of Percentage Rent ....... .......... ....... 10
6.1.2. Payment of Landlord Operational Obligation ............... 11
6.1.3 Annual Statement ..................................... 11
6.1.4. Audit by Landlord ..... ............................... 11
6.1.5. Maintenance of Books and Records ....................... 12
6.1.6. Waiver ............................................. 12
2. Delivery of Payment ........................................ 12
3. Delinquency .................. .............................12
7. Title; Delivery of Possession ................ ....... ......... .. 12
1. Covenants of Title .......................................... 12
2. Environmental Condition ...... ............................... 13
3. Alleyway Considerations ......... .............. ........... 13
4. Possession ............................. .................14
5. Title Requirements .......................................... 14
8. Zoning, Development of Land and Pre - Construction Activity .............. 14
1. Development Rights ......................................... 14
8.1.1. Parking Structure ...... ............................... 14
8.1.2. New MRP Building ... ............................... 14
2. Plans and Schedules ............ .............................14
3. Landlord Approval .......................................... 15
8.3.1. Schematics and Preliminary Specifications ................. 15
8.3.2. Design Development Drawings ........................ 15
8.3.3. Conform with AIA and BOMA Method ................... 15
8.3.4. Approval for Subsequent Material Changes ................ 15
8.3.5. Procedure for Approvals ............................... 15
4. Permits ........ ............ .............................16
5. Change After Receipt of Permits ............................... 16
6. As -Built Drawings .......................................... 16
7. Designation of Landlord Representative .......................... 16
8.7.1. Approve Documents ... ............................... 16
8.7.2. Consent to Actions .................................... 16
8.7.3. Make Appointments ................................... 17
8.7.4. Change of Representative .............................. 17
9. Construction of Project ............. ............................... 17
1. Conditions Precedent to Commencement of Construction ........... 17
9.1.1. Unavoidable Delays ................................... 17
9.1.2. Article 7 of MRP Agreement ............................ 17
9.1.3. Title Requirements of Paragraph 7.5 ..................... 17
9.1.4. Environmental Conditions of Paragraph 7.2 ................ 17
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9.1.5. Representations and Warranties of Landlord ................ 17
9.1.6. Permits ............................................. 17
9.1.7. Tenant's Financing . .... .................. .. ... 17
9.1.8. Title Insurance ........ ............................... 17
9.1.9. Declaration .......................................... 17
2. Commencement of Construction ............................... 18
9.2.1. Delay of Commencement of Construction ................. 18
3. Performance ........................... ............... .18
4. Completion of Construction ....... 18
5. Construction Period Indemnification and Security ................. 18
6. Subsurface Conditions ....... ............. ............... 18
7. Project Amenities ........... 19
8. Holiday Season Construction ............................... 19
9. Calculation of Landlord Finance Obligation ...................... 19
10. Tax Treatment ...................... .............................19
1 Tax Benefits .................... .. ........ 19
2 Tax Protests .................. .............................20
11. Leasehold Mortgage ........... ..... ............ ... ...... 20
I . Tenant Right to Encumber Leasehold ........................... 20
2. Lender, Leasehold Mortgage ............................... 20
3. Lender's Rights Upon Tenant Default ........................... 21
11.3.1.
General .. ............................... ....21
11.3.2.
Landlord Notice to Lender ........................
21
11.3.3.
Lender's Right to Cure ...........................
21
11.3.4.
Time Period and Manner of Curing .................
22
11.3.5.
Nonmonetary Event of Default ....................
22
11.3.6.
Lender's Acquisition of Leasehold .................
23
11.3.7.
Bankruptcy and Similar Proceedings Against Tenant ...
23
11.3.8.
Method of Notice .......... ......... ........
23
11.3.9.
Lender Foreclosure of Leasehold Mortgage ..........
23
11.3.10.
Lease with Lender Upon Termination
of Lease by Landlord ............................
24
4. No Waiver of Landlord's Obligations ........................... 24
5. No Financing Liability ....................................... 24
6. Payment of Landlord's Attorney's Fees .......................... 24
7. Estoppel Certificates from Landlord ............................ 24
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•,,,„,t?',,.
8. Compliance with City Charter .. ............................... 25
9. Payment of Landlord Obligations ............................. 25
10. Landlord's Cooperation with Financings ......................... 25
11. Landlord Obligations ....................................... 25
12. Events of Default by Tenant ........................................ 26
1. Failure to Pay . ............................. .......... 26
2. Failure to Perform ............ ............................... 26
3. Bankruptcy. Etc ................ .............................26
12.3.1. Bankruptcy Filing ............................ 26
12.3.2. Levy or Attachment ............................. 27
12.3.3. Receiver, Etc .... ............................... 27
4. Remedies for Default by Tenant ............................... 27
5. Events of Default by Landlord ................................. 27
12.5.1. Failure to Pay ..... ................ ..... ......... 27
12.5.2 Failure to Perform ..... ............................... 28
6. Remedies for Default by Landlord .............................. 28
13. Condemnation ...................... ...........................28
1. Taking of Entire Premises . .. ................... 28
2. Proceeds of Taking ......................................... 29
3. Partial Taking; Termination of Lease ........................... 29
4. Partial Taking; Continuation of Lease ........................... 30
5. Temporary Taking ......... ............................... 30
6. Additional Takings ........... ............................... 30
13.6.1. Making Repairs . ............................... 30
13.6.2. Terminating Lease .............................. 30
7. Inverse Condemnation or other Damages ........................ 31
8. Involuntary Conversion ....... ............................... 31
9. Payment of Fees and Costs ................................... 31
14. Use and Care ......... .................... ................... 31
1. Use ........................... ..... ... .............31
2. Operating Standards .......... ............................... 31
3. Use Restrictions ............. ............................... 31
4. Applicable Law ............................................ 31
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5. Environmental .. ............................... ..........32
15. Repair and Maintenance ............................................ 32
1. Landlord's Responsibility ...... ................. .... 32
2. Tenant's Responsibilities ...... ............................... 32
16. Loss of Property .......................... ......... ...........32
17. Renovation .............................. .......................32
1. Tenant's Rights ............................................ 32
17.1.1. Submission of Plans and Specifications ................. 32
17.1.2. Tenant to Obtain Approvals and Permits ................... 32
2. Landlord's Cooperation ............ ........... .......... 33
18. Access to Premises ................................................ 33
19. Operation and Management of Improvements ........................... 33
1. Control of Parking Structure ... ............................... 33
2. Non - Interference ........ ................ ..................34
3. Rights to Erect Signs; Revenue Therefrom ....................... 34
19.3.1. Procedure for Signs ................ .................. 34
19.3.2. Allowable Signs ....... ............................... 34
19.3.3. Removal of Signs ...... ............................... 34
19.3.4. Definition of Signs ..... ............................... 34
19.3.5. Revenue from Signs .... ............................... 34
4. Landlord's Signs Upon the Project ..... .. ................ .. 35
5. Night and Weekend Parking for Special Events ................... 35
6. Indemnification ............... .............................35
20. Surrender of Parking Structure . ................. ................ 35
21. Destruction ...................................................... 36
1. Tenant's Duty to Restore ...... ............................... 36
2. Interrelationship of Lease Paragraphs ........................... 36
3. Insurance Loss Payees .......... ............................36
4. Reconstruction Delay ........................................ 36
5. Termination by Destruction ................................... 36
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22, Sale of Leasehold, Subletting, Landlord's Assignment .................... 37
1. Right to Transfer Leasehold .... ............................... 37
22.1.1. Rights to Sublease ............... ............... .. 38
2. Landlord Assignment ........................................ 38
3. Compliance with City Charter ................................. 39
4. Right of First Refusal ......... ............................... 39
5 Fee Upon Transfer of Leasehold ............................... 39
6 MRP as Purchaser of Leasehold Interest .......................... 39
23. Insurance .............. .......... .............................40
1. Acquisition of Insurance Policies .............................. 40
2. Types of Required Insurance .................................. 40
23.2.1 Commercial General Liability Insurance ............. 40
23.2.2. Umbrella Liability Insurance .... ........ ...... 40
23.2.3. Physical Property Damage Insurance ............... 40
23.2.4. Builder's Risk Insurance ......................... 40
23.2.5. Business Interruption ............................ 41
3. Terms of Insurance .......................................... 41
23.3.1. Primary Policies . ............................... 41
23.3.2. Notice of Change or Cancellation .................. 41
23.3.3, Landlord Not Responsible for Notice or Premiums .... 41
23.3.4. Insurance Company Rating .................... 41
23.3.5. Mortgage Endorsement .......................... 41
4. Landlord's Acquisition of Insurance ............................ 41
5. Insurance Money and Other Funds Held in Trust .................. 41
6. Application of Proceeds of Physical Damage Insurance ............. 42
23.6.1. Distribution of Unutilized Proceeds ................. 42
7. Insurance Appraiser ............... .... ................ 42
8. Waiver of Subrogation ........ ............................... 43
9. Landlord's Insurance ........................................ 43
24. Relation of the Parties ............................................. 43
25. Acts of God; Unavoidable Delays .................................... 44
1. Acts of God ................ ............................... 44
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...'?" 77 1�,' ,-nx., ., , " 17--"F't" f� a.. 'x .. :. �.F4k
2. Unavoidable Delays .... ........................ ...... 44
26. Landlord's Covenant of Quiet Enjoyment .............................. 44
27. Brokerage............. ... .... ......... ....................44
28. Time of Essence .................. ... ......................... 44
29. Notices ..................... .............................44
30. Compliance with Laws and Ordinances . ............................... 45
1. Compliance ..................... .........................45
2. Contest by Tenant .......................................... 45
31. Representations and Warranties ...................................... 46
1. Landlord's Representations ................................... 46
31.1.1. Free of Violations .................................... 46
31.1.2. No Actions Affecting Use ........... ...... ........ 46
31.1.3. No Sewer Impairments ................................ 46
31.1.4. No Moratoria ......... ............................... 46
2. Landlord's Warranties ....................................... 46
31.2.1. Authority to Bind ..................................... 46
31.2.2. Free of Tenancies .... ............................... 46
3. Tenant's Representations and Warranties ........................ 46
31.2.1. Authority to Bind .............. .... ............... 46
32. Exculpation ........................ .............................46
33. Airspace Reversion Rights .......................................... 47
34. Rights With Respect to Old MRP Building ............................. 47
1. Prior to Construction ........................................ 47
2. Destruction After Construction ................................ 47
35. MRP Consideration ................ ............................... 47
36. General Provisions ................. ............................... 47
1. Severability .................. .............................47
2. No Waiver ................. .............................48
3. Entire Agreement ............ ............................... 48
4. Successors and Assigns ...................................... 48
5. Modification and Rescission .................................. 48
6. Governing Law ................... .......................48
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7. Interpretation ....... ................... ................48
8. Radon Disclosure ................... .................... . 48
9. No Discrimination ............... .............. ......... 48
10. Attorneys' Fees .............. ............................49
11. Reasonableness of Approvals ................................. 49
12. Duplicate Originals ........... ................ ........... 49
13. Memorandum of Lease ............ .............. ........ 49
14. Mutual Release ... ......................... ............. 49
EXHIBIT A - Legal Description of City Land ...................................... 52
EXHIBIT B - Legal Description of MRP Land ..... ............................... 53
EXHIBIT C - Title Exceptions for City Land ...................................... 54
EXHIBIT D Form of Certificate of Waiver of Title Requirements and
Airspace Conditions and Establishment of Lease Commencement ........... 55
- viii
LEASE AGREEMENT
This Lease is made by and between the City of South Miami, a municipality of
Miami-Dade County, Florida (hereinafter "Landlord") and SPG Phase One, Ltd., a Florida limited
partnership (hereinafter "Tenant") on the following terms and conditions:
RECITALS
A. Landlord owns certain unimproved Land (as hereinafter defined) located in the City
of South Miami, Miami-Dade County, Florida which is presently used solely as a public parking lot;
B. Landlord desires to lease the Land to Tenant to allow it to design, construct, lease,
and manage the Parking Structure (as hereinafter defined) which shall be a mixed-use retail, office
and parking garage building contemplated by Landlord pursuant to its general award set forth in
Resolution No. 198-97-10168 effective September 16, 1997, and
, (collectively, the "Resolutions");
C. Landlord also desires to finance a portion of the construction costs of the Parking
Structure (as hereinafter defined) on the terms and conditions provided herein and pursuant to the
Resolution; and
D. Tenant desires to lease the Land from Landlord and thereafter to design, construct,
lease, and manage the Parking Structure (as hereinafter defined) consistent with the Resolutions and
in accordance with the terms and conditions provided hereinafter.
NOW, THEREFORE, in consideration of the premises and other valuable consideration, the
parties hereto agree as follows:
Recitals.. The recitals are true and correct, and form a part of this Agreement.
2. Definitions. The terms provided herein shall be defined for purposes of this Lease
as follows:
1. "Acceptance Notice" means the acceptance notice provided in Subparagraph
22.4.
2. "Affiliate" means (i) any person who, directly or indirectly or through one or
more intermediaries, controls, is controlled by, or is under common control with another person or
- I -
entity or (ii) any person who owns, directly or indirectly, 50% or more of the value of the
outstanding shares or other equity interests of another person.
3. "Airspace" means that certain volume of air over the MRP Land as more
particularly described in the MRP Agreement.
4. "Airspace Reversion Rights" means the reversion of the Airspace to MRP as
more particularly described in Article 25 of the MRP Agreement.
5. "Alleyway Claim means the potential claim of the owner of the adjacent
parcel of land situated immediately to the north of the Land as more particularly described in
Subparagraph 7.3.
6. "BOMA Method" means the Standard Method for Measuring Floor Area in
Office Buildings, as approved by the American National Standards Institute, Inc. and published by
the Building Owners and Managers Association International dated June 16, 1996.
7. "Charter" means the municipal charter of the City of South Miami, Florida.
8. "City" means the City of South Miami, Florida.
9. "Commencement of Construction" means the filing of the notice of
commencement by Tenant or Tenant's authorized representative for the construction of the Project.
10. "Common Areas" means those areas of the Project which are open for the use
by tenants of the Project or by the public, including but not limited to any sidewalks, public
receiving, loading and delivery areas, public lobbies, public exits and entrances, hallways, elevators,
stairways, and restrooms.
11. "Completion Date" means the date which is the earlier of the (i) Completion
of Construction as provided in Subparagraph 9.4 or (ii) the date which is 365 -days after the Permit
Date.
12. "Completion of Construction" means the earlier of the date upon which the
Parking Structure is issued a certificate of occupancy or the date upon which the Parking Structure
is issued a temporary certificate of occupancy.
13. "Construction Lender" means the Lender providing the construction loan to
Tenant for the construction of the Project.
14. "Construction Period" means the period commencing with the Permit Date
and ending on the Completion of Construction.
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15. "Conveyance" means the deed to the Airspace, subject to the Airspace
Reversion Rights, to be recorded in the public records of Miami-Dade County that transfers
ownership of the Airspace from MRP to Tenant as more particularly described in the MRP
Agreement.
16. "Declaration" means the Declaration of Easements Covenants and Restrictions
executed by Landlord, Tenant and MRP that will be filed in the public records of Miami-Dade
County, Florida, relating to the Project.
17. "Default Rate" means twelve (12%) percent for purposes of Subparagraphs
12.1 and 12.5.
18. "Development Code" means the City of South Miami Land Development
Code as in effect on the Effective Date hereof and as amended from time to time.
19. "Development Rights" means the rights granted to Tenant for the development
of the Project -pursuant to the terms of this Lease.
20. "Effective Date" means the date this Lease is to be fully binding upon the
parties as stated on the execution page hereof.
21. "Gross Income" means all gross income derived from parking revenue and
Subtenant rental income actually received by Tenant as more particularly described in Subparagraph
5.2.2.
22. "Independent Accountant" means an accountant chosen by Tenant's
accountant and Landlord's accountant as more particularly described in Subparagraph 6.1.3.
23. "Independent Insurance Appraiser" means an insurance appraiser chosen by
Landlord and Tenant as more particularly described in Subparagraph 23.7.
24. "Land" means that certain municipal parking lot located at S.W. 73rd Street,
S.W. 58th Avenue, and S.W. 58th Court, in the City of South Miami, Florida as more particularly
described according to its legal description as set forth on Exhibit A, attached hereto, including all
rights and interests appurtenant thereto.
25. "Landlord" means the City of South Miami, Florida, a municipality located
in Miami-Dade County, Florida.
26. "Landlord Finance Obligation" means the Landlord's obligation to pay all
fees, costs, charges and expenses of every kind and nature attributable to or arising out of the design,
construction and financing of the Landlord Portion.
sm
27. "Landlord Obligation" means the Landlord Finance Obligation and the
Landlord Operational Obligation.
28. "Landlord Operational Obligation" means the Landlord's obligation to pay
all fees, costs, charges and expenses of every kind and nature attributable to or arising out of, the
security, insurance and taxes incurred due to the Landlord Portion.
29. "Landlord Portion" means the third level parking deck of the Project which
is comprised of approximately 110 parking spaces.
30. "Lease Commencement Date" means the date of Commencement of
Construction. Landlord and Tenant shall establish the Lease Commencement Date pursuant to a
written instrument executed by both parties immediately after the Lease Commencement Date.
31. "Lease Year" means the consecutive twelve calendar month period
commencing on the Lease Commencement Date and each such consecutive twelve calendar month
period thereafter during the Lease Tenn; provided, however, that if the Lease Commencement Date
is not the first day of the calendar month, Lease Year shall mean the consecutive twelve calendar
month period commencing on the first day of the calendar month immediately following the Lease
Commencement Date and each such consecutive twelve calendar month period thereafter during the
Lease Term.
32. "Lease Tenn" means the period consisting of 50 consecutive Lease Years.
33. "Lender" means (whether foreign or domestic) a commercial bank, national
bank or savings and loan association, savings bank, trust company, finance company or insurance
company or any pension, retirement or welfare trust or fund, or pension advisor or investment
advisor investing funds for any such trust or fund or any limited partnerships, real estate investment
trust or other entity investing in commercial mortgage loans or any life insurance company or any
other similar institution in the business of making commercial mortgage loans or securitized
mortgage financing (or trustees for any such investors) or a subsidiary or Affiliate of any such
institution or any agent, designee or nominee of a lender which is wholly owned or any other entity
commonly recognized by the lending community as a lender or any group or combination of the
foregoing.
34. "Minimum Rent" means the rent, if any, due from Tenant to Landlord as
provided in Subparagraph 5.3.
35. "MRP" means Mark Richman Properties, Inc., a Florida corporation, or any
successor thereto.
W
36. "MRP Agreement" means that certain Air Rights and Development
Agreement made by and between Tenant and MRP dated August 28, 2000 and any amendments or
modifications subsequent thereto.
37. "MRP Land" means that certain improved lot at the comer of S.W. 73 Street
and S.W. 58' Court owned by MRP, upon which is situated the Old MRP Building and which is
more particularly described according to its legal description as set forth on Exhibit "B" attached
hereto.
38. "Municipal Space" means a portion of the Parking Structure set aside for use
by the Landlord only for police purposes, those uses which relate to Municipal Parking or
administrative offices as more particularly described in Subparagraph 5.1.2.
39. "New MRP Building" means the shell of a new one story structure to be built
by Tenant on the MRP Land on behalf of MRP as a replacement for the Old MRP Building and over
which the Airspace will be occupied by a portion of the Parking Structure. The New MRP Building
shall contain approximately 11,500 square feet of gross area. The New MRP Building shall not
include any portion of the Parking Structure.
40. "Old MRP Building" means the existing one-story building located on the
MRP Land which is to be demolished and replaced with the New MRP Building.
41. "Parking Structure" means thatportion of the Project which excludes the New
MRP Building and the MRP Land. A portion of the Parking Structure is located within the Airspace.
The Parking Structure includes the Landlord Portion.
42. "Percentage Rent" means the rent, if any, due from Tenant to Landlord as
provided in Paragraph 5.2.
43. "Permits" means all final, unappealed and unappealable building permits and
other permits, licenses, permissions, consents, and approvals required to be obtained from the (i)
City of South Miami, (ii) Miami-Dade County, (ill) the State of Florida, (iv) the United States, (v)
any agency or political subdivision of any of the foregoing having jurisdiction over the Project or
any portion thereof, or (vi) any agreements, waivers, or consents of any third-parties relating to or
affected by the Project, all of which are required to allow the construction of the Project and any
subsequent improvements, repairs, replacements or renewals in accordance with the Development
Code and all other applicable laws, ordinances, or regulations.
44. "Permit Date" means the date all Permits are issued on a non-appealable basis
which allows the construction of the Project to proceed.
45. "Plans" means the plans, drawings, and specifications referenced in
Subparagraph 8.2.
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42r'
46. "Project" means the Land, the Parking Structure, the MRP Land and the New
MRP Building together with all other rights and interests appurtenant thereto. The Landlord Portion
is a part of the Parking Structure.
47. "Project Schedule" means the project schedule developed by Landlord and
Tenant as provided in Subparagraph 8.2.
48. "Purchase Price" means the purchase price for the Lender's interest in the
Parking Structure as determined in Subparagraph 11.8.
49. "Reconstruction Rights" means MRP's right to build on the MRP Land under
the circumstances described in Article 26 of the MRP Agreement.
50. "Rent" means the sum of Minimum Rent, Percentage Rent and all other
charges, if any, due from Tenant to Landlord under this Lease.
51. "Resolutions" means the general award set forth in Resolution No. 198-97 -
10168 effective September 16, 1997,and
52. "Sale Notice means the notice provided by Landlord to Tenant pursuant to
the right of first refusal contained in Subparagraph 22.4.
53. "Sales Tax" means all Florida state, county, and/or municipal sales, use, or
similar taxes, and all local option surtaxes assessed upon or in relation to Rent due and payable to
Landlord by Tenant hereunder.
54. "Second Level Parking Deck" means the second level of the Project which
will be used for municipal parking and consist of approximately 108 metered parking spaces.
55. " Second Level Parking Revenue" means the parking revenue generated by the
metered parking spaces on the Second Level Parking Deck.
56. "Subtenant" means a person or firm who leases space in the retail or office
components of the Parking Structure or leases one or more parking spaces from the Tenant.
57. "Successor Tenant" means a person to whom Tenant's interest in the Lease
is transferred as more particularly described in Section 22.1.
58. "Taking" means the acquisition of all or a portion of Parking Structure by any
federal, state, county or municipal sovereign or their proper delegatees, by condemnation proceeding
by the power of eminent domain.
�l•Z
59. "Tenant" means SPG Phase One Ltd., a Florida limited partnership, any
successor thereto as a result of merger, consolidation, or other reorganization provided that the
current principal of SPG maintains controlling interest in the new entity; and any successor created
as the result of the death of the principal.
60. "Transfer Fee" means the fee paid by Tenant to Landlord upon sale,
assignment or conveyance of Tenant's leasehold interest in the Project as more particularly
described in Subparagraph 22.5.
61. "Unavoidable Delay" means delays due to strikes, Act of God, floods, fires
any act, negligence or failure to perform of the Landlord, or any employee or agent of Landlord,
unusual delay in obtaining labor or materials, inability to obtain, in accordance with this Lease,
zoning, special exceptions, variances, site plan approval, building and other permits, certificates of
occupancy or other approvals, governmental restrictions, enemy action, civil commotion, casualty,
sabotage, restraint by court or public authority, moratoriums, the development of the Project being
defined to be a development of regional impact.
62. "Work" means the repairs, alterations, restoration, replacements or rebuilding,
including temporary repairs for the protection of other property as more particularly described in
Subparagraph 21.1.
3. Lease of Land.
I . Lease of Land. Subject to the terms, conditions, covenants, and other
provisions provided hereinafter, Landlord does hereby lease, let, and demise unto Tenant and Tenant
does hereby lease, hire, and take from Landlord the Land to have, hold, and use for the entire Lease
Term.
2. Airspace Termination. Pursuant to the MRP Agreement, all right, title and
interest to the Airspace will be transferred to Tenant upon satisfaction of the conditions provided in
Article 7 of the MRP Agreement. If the transfer of the Airspace to Tenant does not take place within
180 days of the Effective Date because the conditions provided in Article 7 of the MRP Agreement
have not been satisfied, at the option of Tenant, this Lease shall terminate and be of no further force
or effect, and the parties hereto shall be released of all liability and obligations hereunder except for
those that are expressly stated to survive the termination hereof.
4. Term.
1. Original Term. The original Lease Term shall be fifty years starting on the
Lease Commencement Date (or, if the Lease Commencement Date is not the first day of the month,
the first day of the calendar month following the Lease Commencement Date) unless modified,
extended, or sooner terminated as provided hereinafter.
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5. Parking Meters, Percentage Rent, Minimum Rent and Landlord Operational
Obligation.
Second Level Parking Revenue; Municipal Space .
5.1.1. Revenue from Second Level Parking Deck. The second level of the
Project will be used for municipal parking and consist of approximately 108 metered parking spaces
(the "Second Level Parking Deck "). Landlord, at Landlord's cost, shall supply 73 of the parking
meters to be installed on the Second Level Parking Deck, and Tenant, at Tenant's cost, shall supply
the balance of the parking meters to be installed on the Second Level Parking Deck. Tenant shall,
at Tenant's cost, install all of the parking meters on the Second Level Parking Deck. Landlord shall
own and be responsible for maintaining and repairing 73 of the parking meters on the Second Level
Parking Deck (the "Landlord Parking Spaces "). Tenant shall own and be responsible for maintaining
and repairing the balance of the parking meters on the Second Level Parking Deck (the "Tenant
Parking Spaces "). Landlord shall collect and retain the parking revenue from the Landlord Parking
Spaces and Tenant shall collect and retain the revenue from the Tenant Parking Spaces. Landlord
and Tenant shall agree upon a method for defining the parking spaces on the Second Level Parking
Deck as being either Tenant Parking Spaces or Landlord Parking Spaces in such away as to equalize
the economic benefit to Landlord and Tenant on a pro rata basis (it being the intention that Landlord
derive approximately 73 /108 of the parking revenue from the Second Level Parking Deck and that
Tenant derive the benefit from the balance ofparking revenue from the Second Level Parking Deck).
Tenant shall not participate in any revenue from parking fines collected, by Landlord from parking
violations on the Second Level Parking Deck.
5.1.2. Municipal Space. Tenant shall set aside for Landlord's uses
approximately 200 square feet of space on the first floor of the Parking Structure in such location
as maybe determined solely by Tenant from time to time (the "Municipal Space"). The Municipal
Space shall be used by the Landlord only for police purposes, those uses which relate to Municipal
Parking or administrative offices. Such use shall not interfere, with the operation of the Project and
shall comply with all rules and regulations applicable to Subtenants. If Landlord vacates the
Municipal Space, Tenant shall have the right to retake such space and use the Municipal Space for
any purpose consistent with this Lease.
2. Lease Year Percenta e Rent.
5.2.1. Percentage Rent. Commencing with the first Lease Year and for each
Lease Year thereafter during the Lease Term, Tenant shall pay Landlord annual Percentage Rent
equal to (i) 2.5% of the Gross Income up to $1,400,000 and (ii) 7% of the Gross Income, if any, in
excess of $1,400,000 which was received by Tenant during the applicable Lease Year. Within 30
days following the end of each calendar quarter during the Lease Year, Tenant shall furnish to
Landlord a statement for the preceding calendar quarter reporting all items of income and exclusion
required to determine Percentage Rent payable for such period.
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5.2.2. Definitions. For purposes of determining the Percentage Rent, "Gross
Income°" means all gross income derived from parking revenue and Subtenant rental income actually
received by Tenant with respect to the operation of the Parking Structure but shall expressly exclude:
(1) Insurance proceeds and other receipts from claims for losses
or damages to property, except for proceeds from business interruption and loss of revenue
insurance;
(2) Proceeds from condemnation or settlements in lieu thereof,
except for proceeds attributable to a temporary taking of the use of any part of the Parking Structure
and paid to Tenant as reimbursement for the loss of parking revenue and Subtenant rental income;
(3) Proceeds from any financing or refinancing of Tenant's interest
in the Parking Structure or any portion thereof;
(4) Proceeds from any sale or other disposition of Tenant's right,
title, or interest in its leasehold estate created hereunder or any portion thereof;
(5) Receipts from Subtenants as reimbursement for the operation
of the Project or as reimbursement of costs incurred for capital improvements whether or not
financed by Tenant separately from the construction or permanent financing for the Project;
(6) Subtenant deposits and all other deposits, and all earnings such
deposits thereon whether or not Tenant is required to and /or does maintain such deposits and
earnings in one or more separate accounts;
(7) Sales Tax collected from Subtenants or others;
(8) Interest on other earnings earned from cash or other
investments of Tenant;
(9) Operating expenses, ad valorem real and personal property
taxes and insurance of the Project which are reimbursed to or recovered by Tenant from Subtenants
or others whether directly as pass- through expenses charged to Subtenants under a net lease or
indirectly as part of the base rent or expense in excess of base year rent under a gross lease.
Landlord and Tenant acknowledge that as a mixed -use Project some Subtenants may have gross
office or gross retail leases and other Subtenants may have net office or net retail leases, and
Landlord and Tenant agree to make the necessary adjustments hereunder to allow for such
differences in the Subtenant leases so as to assure that recoveries of operating expenses in all cases
do not constitute Gross Income; and
(10) Cash or equivalent reserves and earnings thereon established
by Tenant to pay for capital improvements to the Project or claims against the Project, provided:
M
(a) Landlord is notified thereof in writing at or before the
time any such reserve is established, which notice shall state the amount, purpose and timing of
anticipated expenditures, together with such additional information as may reasonably be required
to establish that such reserve is incompliance with the terms hereof. Tenant shall give Landlord
prompt notice of all changes to the matters described in such notice and to other information
furnished to Landlord under this paragraph;
(b) Such reserve is designed to fund reasonably anticipated
expenditures described therein; and
(c) Such reserves shall be maintained in a separate,
identifiable account or accounts, and shall not be used, directly or indirectly, for any purpose other
than the purposes for which they are established.
5.2.3. Limitation on Payment Obli ag_tion. Notwithstanding anything herein
to the contrary, Tenant shall not have an obligation to pay Percentage Rent to Landlord unless and
until Tenant (i) has as actually received the Gross Income upon which the Percentage Rent is
determined, (ii) is the uncontested and exclusive owner of such Gross Income, and (iii) has the
unrestricted power and right to pay Landlord a portion thereof as Percentage Rent without violating
any laws or agreements to which Tenant is or may be subject provided any such agreements are
made and entered into by Tenant on terms and conditions not prohibited hereunder.
3. Minimum Rent. If the Completion of Construction is more than twelve
months and forty -five days after the Permit Date, Tenant shall pay minimum rent to Landlord for
the period of time that starts twelve months and forty -five days after the Permit Date and ends upon
Completion of Construction ("Minimum Rent"). The Minimum Rent shall be SIX THOUSAND
THREE HUNDRED THIRTY THREE DOLLARS ($6,333.00) per calendar month and shall be pro -
rated for partial calendar months. Monthly payments of Minimum Rent shall be made on or before
the tenth of each month following the month, or portion thereof, for which Minimum Rent is due.
The payment of Minimum Rent, if any, shall cease upon the Completion of Construction. If the
Completion of Construction is delayed by the Landlord and through no fault of Tenant, the payment
of Minimum Rent shall be abated for any such period.
4. Landlord Operational Obli ag_tio_n. Commencing with the first Lease Year and
for each Lease Year thereafter during the Lease Term, Landlord shall pay Tenant the Landlord
Operational Obligation.
6. Payment.
Percenta eg_Rent.
6.1.1. Payment of Percentage Rent. Commencing with the first Lease Year
during which Completion of Construction occurs, Tenant shall pay to Landlord on the 301 day after
[Ile
the end of each calendar quarter during the Lease Term (i.e, on May 5, August 5, November 5 and
February 5) an amount equal to the Percentage Rent for such calendar quarter.
6.1.2. Payment of Landlord Operational Obligation. Commencing with the
first Lease Year during which Completion of Construction occurs, Landlord shall pay to Tenant on
the 301 day after the end of each calendar quarter during the Lease Term (i.e, on May 5, August 5,
November 5 and February 5) an amount equal to the Landlord Operational Obligation for such
calendar quarter.
6.1.3. Annual Statement. Within ninety days of the end of each Lease Year,
Tenant shall retain an accounting firm to prepare and deliver a compilation report to Landlord which
reports the Gross Income for such Lease Year and provides in detail the calculation of the Landlord
Operational Obligation. In the event Tenant has paid more than the Percentage Rent established as
due for such Lease Year, the amount of the overpayment shall be deducted by Tenant from the next
succeeding payment or payments of Percentage Rent due hereunder. In the event Tenant has paid
less than the Percentage Rent for such Lease Year, Tenant shall pay Landlord on or before the 15' .
day of the following month the amount of such deficiency which shall be deemed to be Percentage
Rent due under this Lease. In the event Landlord paid more than the Landlord Operational
Obligation established as due for such Lease Year, the amount of the overpayment shall be credited
against Landlord's the next succeeding payment orpayments of the Landlord Operational Obligation
due hereunder. In the event Landlord has paid less than the Landlord Operational Obligation due
for such Lease Year, Landlord shall pay Tenant on or before the 15t' day of the following month the
amount of such deficiency.
6.1.4. ; Audit by Landlord. Upon reasonable notice from Landlord, Tenant
shall allow Landlord or Landlord's employees, agents, or accountants to examine the books and
records and review systems and procedures of Tenant for the purpose of verifying statements
furnished or to be furnished pursuant to Paragraph 6.1.2, which examination shall be conducted
during ordinary business hours and in a manner that does not unreasonably interfere with the
business of Tenant. - In the event Landlord's examination shows that Tenant has underpaid the
Percentage Rent during any Lease Year or Landlord has overpaid the Landlord Operational
Obligation, Landlord shall provide Tenant with written notice of such determination and associated
backup documentation and, within fifteen days of receipt of such written determination, Tenant shall
either (i) pay such deficiency by Tenant or overpayment by Landlord to Landlord, or (ii) provide
Landlord with written notice that Tenant disputes such determination. If Tenant disputes Landlord's
determination as to the amount or existence of an underpayment by Tenant and/or overpayment by
Landlord, Tenant's accountant and Landlord's accountant shall choose a third accountant
( "Independent Accountant ") who shall decide the existence and/or amount of anysuch underpayment
by Tenant and /or overpayment by Landlord. The determination of the Independent Accountant shall
be issued to Tenant and Landlord in writing and shall be final and binding on the parties, absent
fraud, negligence' or material error by such Independent Accountant. In the event the underpayment
is greater than 5% o of the total Percentage Rent payable with respect to such Lease Year, Tenant shall
(i) reimburse Landlord the reasonable expenses incurred in making such examination of Tenant's
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records and (ii) pay interest at the rate of 18 % per annum with respect to such underpayment. If the
payment of Percentage Rent was greater than the amount due, such excess shall be credited against
the next payment(s) of Percentage Rent due hereunder.
6.1.5. Maintenance of Books and Records. Tenant shall keep complete
books of account and records of all operations relating to the Parking Structure necessary to establish
Percentage Rent and the Landlord Operational Obligation. All of the books and records shall be
physically located and kept in Miami -Dade County, Florida and shall be retained for period not
less than three years.
6.1.6. Waiver. In the event that neither Landlord nor Tenant objects to the
determination and/or payment of Percentage Rent or Landlord Operational Obligation within the
one -year period following the close of a Lease Year, the Percentage Rent and Landlord Operational
Obligation for such Lease Year shall be deemed to be conclusively determined, and the parties shall
have waived all rights to have such Percentage Rent and Landlord Operational Obligation
redetermined except upon showing of fraudulent conduct on the part of either party.
2. Delivery of Pa nom. Rent payments shall be by check made payable to "City
of South Miami" and, unless instructed otherwise by Landlord, delivered to:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
3. Delin uency. The Percentage; Rent is delinquent if not received by Landlord
on the 5th day of the month following the month in which such payment is otherwise due (i.e on
May 5, August 5, November 5 and February 5). If not received by Landlord within five business
days after written notice of any delinquency is delivered to Tenant, Landlord may assess Tenant a
charge of 5% of the underpayment of such Percentage Rent per month for each month or part thereof
until such amount is paid in full. If Percentage Rent remains delinquent for forty -five (45) days after
the date which such rent is otherwise due, an Event of Default shall have occurred, and Landlord
may proceed to exercise all of its rights and remedies as provided in Paragraph 12. The Landlord
Operational Obligation is delinquent if not received by Tenant on the 5th day of the month following
the month in which such payment is otherwise due (i.e on May 5, August 5, November 5 and
February 5). If not received by Tenant within five business days after written notice of any
delinquency is delivered to Landlord, Tenant may assess Landlord a charge of 5% of the
underpayment of such Landlord Operational Obligation per month for each month or part thereof
until such amount is paid in full. If the Landlord Operational Obligation remains delinquent for
forty -five (45) days after the date which such payment is otherwise due, an Event of Default shall
have occurred, and Tenant may proceed to exercise all of its rights and remedies as provided in
Paragraph 12,
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7. Title; Delivery of Possession.
1. Covenants of Title. Except as provided in Paragraph 7.3, Landlord represents
and warrants that, as of the Effective Date, Landlord is the owner of the Land and that the Land is
free from all liens, encumbrances, restrictions, covenants, and defects in title other than those set
forth in Exhibit C which is attached hereto and made a part hereof. Landlord further represents that
there are no restrictions which will delay, interfere with, or prohibit Landlord entering into this Lease
and the construction of the Project as provided herein.
2. Environmental Condition. Landlord represents and warrants to Tenant that
as of the Effective Date the Land contains no Hazardous Materials (as hereinafter defined). In the
event the Land contains any Hazardous Materials as of the Effective Date, Tenant, in addition to any
other legal or equitable remedies available, may elect to cause such Hazardous Materials to be
removed from the land in compliance with all applicable laws, and, in such event, Landlord shall
bear the cost of such removal and remediation; and of any and all environmental assessments and
investigations that were incurred by Tenant as a result of such removal and remediation, however,
Landlord shall pay the cost of any such removal and remediation only if such removal and
remediation are required for construction of the Project, by any Lender, by governmental authority
or by court order (in all events, Landlord is required to pay the cost of any and all environmental
assessments and investigations that were incurred by Tenant as a result of such removal and
remediation). In the event the environmental assessments and investigations identify any unlawful
and material contamination in the environmental condition of the Land `resulting from Tenant's
actions that are required to be remedied, then Tenant shall undertake the necessary obligations with
respect to the clean -up of the Land in accordance with applicable local, state and federal law'. The
term "Hazardous Materials" shall mean any flammable or explosive materials, petroleum or
petroleum products, oil, crude oil, natural gas or synthetic gas used for fuel, radioactive materials,
asbestos, hydrocarbon products and derivatives, and hazardous wastes or substances or toxic waste
or substances, including without limitation, any substances now or hereafter defined as or included
m the definition of ' "hazardous substances ", "hazardous wastes ", "toxic materials ", "toxic
substances ", °'special wastes ", "biomedical waste ", "biological waste" or other words of like import
under any federal, state or local rules, laws, regulations or requirements, including without
limitation; Section 403.703, Florida Statutes. Landlord agrees to indemnify,'and hold Tenant
harmless from any and all claims, demands, liabilities, losses, damages or expenses incurred by
Tenant or its successors and assigns, arising as a result of Landlord's breach or failure to perform
any of the terns and conditions of this Paragraph 7.2. In the event that Landlord's remediation costs
under this Paragraph 7.2 are in excess of $1,000,000, Landlord shall have the option of providing
Tenant with written notice of the amount of remediation costs. Tenant shall then have the option
of proceeding with this Lease and assuming the obligation of paying such remediation costs in
excess of,$1,000,000, or terminating this Lease in which case Landlord shall reimburse Tenant for
all fees, costs, and expenses incurred by Tenant. If Tenant exercises its option to proceed with the
Lease and paying remediation costs in excess of $1,000,000, the Landlord shall then have the right
to term: inate the Lease by paying Tenant, within thirty days of exercising such option, its
development costs incurred in this transaction. In the event of termination hereunder, the parties
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shall be released from all liabilities and obligations except those that are expressly stated to survive
a termination hereof. This Subparagraph 7.2 shall survive the termination of the Lease.
3. Alley_Egy Considerations. Landlord acknowledges that the owner of the
adjacent parcel of land situated immediately to the north of the Land has made certain claims with
regard to the northern strip of the Land ( "Alleyway Claim"). Landlord and Tenant shall negotiate
in good faith to resolve all of the issues regarding the Alleyway Claims, including termination of the
Lease if the Alleyway Claims are not resolved in an expeditious manner. If the Lease is terminated
due to Landlord's inability to resolve the Alleyway Claim, the Landlord shall reimburse Tenant for
all of Tenant's costs associated with this Lease. This Subparagraph 7.3 shall survive the termination
of this Lease.
4. Possession. Tenant hereby accepts delivery of possession of the Land in "as
is" condition as of the Lease Commencement Date subject to Landlord's representations, warranties,
and covenants of title and environmental conditions as provided in Paragraphs 7.1 and 7.2,
respectively, Landlord's obligations with respect to the alleyway considerations as provided in
Paragraph 7.3 above, Tenant's rights as provided in Paragraph 7.5 below and further subject to
Tenant's right to conduct a title examination and all environmental site assessments with respect to
the Land as Tenant deems necessary.
5. Title Requirements. The title matters referenced in Exhibit C and the
alleyway considerations referenced in paragraph 7.3 are referred to as "Title Requirements." If the
Title Requirements are not satisfied or waived by Tenant within 90 days of the Effective Date,
Tenant may cancel this Lease by written notice to Landlord in which event this Lease shall terminate
and be of no further force or effect and the parties hereto shall be released of all liability and
obligations hereunder except for those that are expressly stated to survive the termination hereof.
Upon the satisfaction or waiver of the Title Requirements and the conditions referenced in Paragraph
3.2 (hereinafter referred to as the "Airspace Conditions), Landlord and Tenant shall promptly file
in the Public Records of Miami -Dade County, Florida a certificate (in substantially the same form
as Exhibit "D" attached hereto and made a part hereof) evidencing that the Title Requirements and
Airspace Conditions precedent have been satisfied or waived and setting forth the `Lease
Commencement Date.
Zoning, Development of Land and Pre - Construction Activity.
1. Development Rights. Landlord hereby approves the Development Rights of
the Land (and accordingly the construction of all improvements required in connection with such
development) to the maximum densities and uses described in paragraph 8. 1.1 and 8.1.2 below:
8.1.1. Parking Structure. A five -story mixed -use building containing
approximately 442 parking spaces, 16,700 square feet of ground floor retail space and 29,434 square
feet of office space to be built on the Land and in the Airspace.
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8.1.2. New MRP Building. A one -story building with approximately 11,500
square feet of retail space.
2. Plans and Schedules. Prior to the Commencement of Construction, Tenant
shall diligently pursue the preparation of plans, drawings, and specifications (collectively, "Plans ")
necessary for the construction of the Project. Landlord shall fully cooperate with Tenant to facilitate
the preparation of the Plans and submittal thereof to obtain the Permits to allow the construction of
the Project to begin in accordance with the Development Code and other applicable law. Landlord
and Tenant agree to develop a proj ect schedule that takes into account the agreement between Tenant
and its general contractor, the requirements of the Construction Lender, the MRP Agreement, any
commercially reasonable insurance or surety requirements and any items necessary for title insurance
( "Project Schedule "). If the construction portion of the Project Schedule exceeds twelvemonths,
Tenant must receive the Landlord's written approval, which approval shall not be unreasonably
withheld or delayed. If the Project Schedule exceeds twelve months due to delays caused by the
Tenant, Landlord's approval of such a Proj ect Schedule shall not waive Landlord's rights with regard
to Minimum Rent as provided in Paragraph 5.3 hereof.
3. Landlord Approval. Landlord shall participate in design meetings as an
observer to allow sufficient familiarity with the Plans to facilitate the following review schedule:
8.3.1. Schematics and Preliminary Specifications. Schematic drawings and
preliminary specifications for the Project shall be provided to Landlord for its review and approval.
Landlord will complete its review of the same within seven business days after submittal to the
Landlord.
8.3.2. Design Development Drawings. Design development drawings for
the Project shall be provided to Landlord for its review. Landlord will complete its review of the
same within seven business days after submittal to the Landlord.
8.3.3. Conform with AIA and BOMA Method. Design development and
schematic drawings shall conform with the scope of work for such drawings as established by the
standards of the American Institute of Architects and all area computations shall be made in
accordance with the BOMA Method.
8.3.4. Approval for Subsequent Material Changes. Landlord's approval shall
not be required for any further drawings, plans or specifications for construction of the Proj ect or any
modification, replacement, alteration, or addition thereto, unless there is a material change in the
Plans previously approved by Landlord. Any material changes shall be reviewed by Landlord
within 10 working days after submittal to the Landlord. "Material Changes" shall mean any changes
to the Plans which alter the cost of the Project by more than five percent or which alter the intended
use of the Project.
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8.3.5. Procedure for Approvals. Approvals by Landlord under this Paragraph
8.3 shall not be unreasonably withheld or delayed. Approvals shall be deemed given unless
Landlord shall notify Tenant in writing stating the reasons for withholding such approval within ten
business days of the written request therefor (except where the use of the Project is being changed,
in which case the written approval of the Landlord shall be required). Tenant shall, upon receipt of
Landlord's reasonable objections, modify the Plans submitted, - taking into account Landlord's
objections, and resubmit such revised Plans for approval by Landlord in accordance with this
Paragraph 8.3.
4. Permits. All Permits shall be obtained at the sole cost and expense of Tenant;
provided, however, Landlord agrees to fully cooperate, at no cost or expense to Tenant, to apply for
and obtain all such Permits. Landlord's obligation to cooperate shall include the obligation to
consent to, except as hereinafter provided, and take the appropriate actions to assist Tenant to fulfill
any conditions that any other governmental authority may impose upon the issuance of the Permit
for the Project. If Tenant does not prepare all working drawings and submit all applications for all
Permits required for Commencement of Construction within six months of the Effective Date, or if
Tenant fails to diligently and expeditiously pursue the issuance ofthe Permits, then eitherpartyshall
have the option to terminate this Lease (the six month time period shall be extended for any delays
caused by Landlord's lack of cooperation as required under this Paragraph 8.4) in which case this
Lease shall be of no further force or effect and the parties hereto shall be released of all liability and
obligations hereunder except for those that are expressly stated to survive the termination hereof.
Landlord agrees that the impact fees and permit fees applicable to the Project to be paid by Tenant
to Landlord shall be those impact fees and permit fees as are in effect on the Effective Date and
Landlord agrees to waive, any increases in such impact fees and permit fees that occur after the
Effective Date.
5. Change After Receipt of Permits. If Landlord initiates a change in the Plans
after Tenant has received the Permits, Landlord shall reimburse Tenant for any costs associated with
modifying the Plans, obtaining additional Permits and any other costs associated with delays in the
Project (including any claims for damages by MRP which under the MRP Agreement, which
damages are limited to Default Rent (as defined in the MRP Agreement) of $8,500 per month as
more particularly described in Section 18.3 of the MRP Agreement) or otherwise caused by
Landlord's change in the Plans.
6. As -Built Drawings. Upon completion of the Parking Structure, Tenant shall
deliver to Landlord one copy of complete as -built drawings of the Parking Structure and an as -built
survey showing the location of the Parking Structure and all underground improvements.
7. Designation of Landlord Representative. Landlord agrees to designate, in
writing, a person or persons who shall have the power, authority and right, on behalf of Landlord,
in its capacity as Landlord hereunder, to:
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8.7. 1. Approve Documents. Review and approve all documents, plans,
applications, and requests required or allowed by Tenant to be submitted to Landlord pursuant to this
Lease.
8.7.2. Consent to Actions. Consent to all actions, events, and undertakings
by Tenant for which consent is required by Landlord; and
8.7.3. Make Appointments. Make all appointments of persons, appraisers,
arbitrators or other individuals or entities required to be appointed or designated by Landlord in this
Lease.
8.7.4. Change ofRepresentative. Landlord may change such designee at any
time upon written notice to Tenant.
9. Construction of Project.
1. Conditions Precedent to Commencement of Construction. Tenant shall not
be obligated to cause Commencement of Construction until the following are satisfied:
9.1.1. Unavoidable Delays. Tenant has not experienced any Unavoidable
Delay prior to the Commencement of Construction;
9.1.2. Article 7 of MRP Agreement. The conditions provided for in Article
7 of the MRP Agreement are satisfied;
9.1.3. Title Requirements of Paragraph 7.5. The Title Requirements
provided for in Paragraph 7.5 of this Lease have been satisfied;
9.1.4. Environmental Conditions of Paragraph 7.2. The requirements of
Paragraph 7.2 of this Lease regarding environmental conditions have been satisfied;
9.1.5. Representations and Warranties of Landlord. The representations and
warranties of Landlord made herein are true and correct;
9.1.6. Permits. Tenant has been issued all Permits;
9.1.7. Tenant's Financing. Tenant has obtained a binding loan commitment
from a Construction Lender and there are no conditions that would prevent the Lender from funding
the loan in accordance with the loan commitment issued by the Construction Lender;
9.1.8. Title Insurance. Tenant and Construction Lender are able to obtain
title insurance acceptable to Tenant and Construction Lender and Landlord has complied with all the
requirements contained in the title insurance commitments issued for purposes of insuring Tenant's
leasehold interest in the Project and the Construction Lender's leasehold mortgage on the Project.
17-
9.1.9. Declaration. The Declaration is executed by Landlord, Tenant and
MRP and filed in the public records of Miami -Dade County, Florida.
2. Commencement of Construction. Subject to Subparagraph 9.1 and within 90
days of the Permit Date, Tenant shall, at its sole cost and expense, take such steps as are necessary
to cause Commencement of Construction in accordance with the terms hereof.
9.2.1. Delay of Commencement of Construction. If within 90 days of the
Permit Tate, Tenant has not caused Commencement of Construction because items indicated in
Paragraph 9.1 have not been satisfied, either party which has satisfied its obligations under
Subparagraph 9.1 may terminate this Lease with prior written notice to the other party and this Lease
shall be of no further force or effect and the parties hereto shall be released of all liability and
obligations hereunder except for those that are expressly stated to survive the termination hereof.
Landlord, however, may not terminate this Lease if Tenant has taken good faith steps toward curing
a condition indicated in Paragraph 9.1 which is the obligation of Tenant and which can not be cured
within 90 days or if the delay is caused by the failure of a tenant of the Old MRP Building to vacate
its premises at the Old MRP Building. Any delay pursuant to this Paragraph 9.2 shall cause the
construction schedules developed by Tenant and Landlord to be adjusted accordingly.
3. Performance. After Commencement of Construction, Tenant shall diligently
pursue the construction of the Project in accordance with the construction schedule. At all times
during the Construction Period, Landlord shall use its reasonable efforts to provide all review and
approvals necessary or appropriate to avoid delay in the diligent, prosecution of the work for the
construction of the Project. The construction schedule shall be developed by the Tenant and its
general contractor, and submitted to Landlord pursuant to Paragraph 8.2.
4. Completion of Construction. The completion of construction of the Project
shall occur upon issuance of a certificate of completion for the Parking Structure ( "Completion of
Construction ")
5. Construction Period Indemnification and Security. During the Construction
Period, Tenant shall indemnify, protect, defend, and hold harmless Landlord from and against all
claims and liabilities arising by virtue of or relating to construction of the Project. If Tenant is
required to defend any action or proceeding pursuant to this paragraph to which action or proceeding
Landlord is made a party, Landlord shall also be entitled to appear, defend, or otherwise take part
in the matter involved, at its election, by counsel of its own choosing, and to the extent Landlord is
indemnified under this Paragraph, Tenant shall bear the cost of Landlord's defense, including
reasonable attorneys' fees; provided, however, Tenant shall be responsible for Landlord's attorneys'
fees only if a single legal counsel (or a single firm of legal counsel) cannot represent both Landlord
and Tenant without there arising an actual or potential conflict of interest. Tenant shall cause its
general contractor to provide a payment and performance bond with a good and sufficient surety,
naming Landlord, Tenant and Construction Lender as joint obligees in a commercially acceptable
form.
7
6. Subsurface Conditions. The Landlord makes no warranty as to soil and
subsurface conditions. Tenant shall not be entitled to any adjustment of Rent or any applicable time
frame or deadline under this Lease in the event of any abnormal subsurface conditions. If, however,
the subsurface conditions are so unusual that they could not have reasonably been anticipated, the
time periods for Commencement of Construction shall be extended by the reasonable time necessary
to accommodate the redesign and lengthened construction schedules resulting from such event.
7. Project Amenities. Tenant shall expend not less than one and one -half percent
(1.5 %) of the cumulative hard construction costs incurred by Tenant in connection with the
construction of theParking Structure for acquisition or construction of amenities for the public areas
of the Project. The term "amenities" as utilized in the preceding sentence shall include, but not be
limited to, landscaping, plazas, awnings, decorative features, fountains, tile, courtyards, terraces,
walkways, roof gardens, passive and active recreational areas, murals, special graphic presentations,
entertainment areas; gazebos, water features and facilities, and works of art. Tenant and Landlord
anticipate that structural elements of the Project (including the inclusion of the New MRP Building
in the facade of the Project), as presently 'designed, will satisfy all of the Project amenities
requirement of this Subparagraph 9.7.
8. Holiday Season Construction. Tenant shall endeavor not to engage in
construction activities between Thanksgiving Day and December 26 of any year that materially
impact the neighboring retail shops by severely impeding traffic flows on 731 Street, 58t' Avenue
or 58' ' Court. Any delays experienced by Tenant due to compliance with this Paragraph shall
accordingly adjust the construction schedules developed by Tenant and Landlord.
9. Calculation of Landlord Finance Obli _ ate. Upon Completion of
Construction, the Landlord and Tenant shall mutually determine the amount of the Landlord Finance
Obligation by executing a written instrument setting forth such amount and any other terms and
conditions that are appropriate for such confirmation. The Landlord Finance Obligation shall be
equal to the sum of: (i) the total of all fees, costs, expenses and other charges attributable to or
arising out of, directly or indirectly, the construction of the parking spaces of the Parking Structure
multiplied by a fraction whose denominator is the total number of parking spaces in the Parking
Structure and whose numerator is the total number of parking spaces in the Landlord Portion; and
(ii) the portion of the construction period financing, loan closing costs, professional fees, design
costs and other soft costs of the Project properly allocable to the Landlord Portion. If the Landlord
and Tenant are unable to agree on the Landlord Finance Obligation within thirty days of the
Completion of Construction, Landlord and Tenant agree, within ten days of written notice by either
party, to submit the issue to binding arbitration under the rules of the American Arbitration
Association. In no event shall the amount calculated in Subparagraph 9.9(i) above exceed $12,000
per parking space.
10. Tax Treatment.
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1. Tax Benefits. Landlord and Tenant agree that the maximum federal and state
tax benefits (other than ad valorem taxes) arising from the ownership of, or otherwise relating to, the
Parking Structure and the right to reduce or avoid such taxes as permitted by law such shall inure
to the benefit of Tenant and not the Landlord. The foregoing tax benefits, shall include, but not be
limited to, all rights to depreciation and tax credits available under federal and state income tax laws.
Landlord shall cooperate with Tenant, at no outside cost to Landlord, to obtain any tax rulings which
may be necessary or desirable (from the Internal Revenue Service, Florida Department of Revenue,
or other authority having jurisdiction) so that Tenant can obtain the tax benefits or reduction in taxes
contemplated by this Paragraph 10.
2. Tax Protests. Tenant shall have the right to protest any ad valorem property
taxes on the Project. If there shall be any tax certiorari proceedings or tax protest proceeding with
respect to the Project, Tenant may pursue such protests and appeals and take such related action
which Tenant deems appropriate in connection therewith. Landlord shall cooperate with Tenant, at
no outside cost to Landlord, in connection with such proceedings and appeals and collection of a
refund of real or personal property taxes paid. Tenant owns and holds all right, title and interest in
and to such tax assessment protest, appeals, and refunds, and all amounts recoverable in connection
therewith shall be paid directly to Tenant by the applicable authorities. If such refund or any part
thereof is received by Landlord, Landlord shall promptly pay such amount to Tenant. Any refund
received by Tenant shall not be Gross Income as provided in Subparagraph 5.2.2(9).
11. Leasehold Mortgage.
1. Tenant Right to Encumber Leasehold, Subject to the provisions of this
Paragraph 11, Tenant shall have the right at any time and from time to time to encumber the
leasehold estate created by this Lease by a Leasehold Mortgage (as defined below), deed of trust or
other security instrument, including, without limitation, an assignment of the rents, issues and profits
from the Parking Structure to secure repayment of a loan or loans and associated obligations made
to Tenant by a Lender (as defined below) for the financing of the construction or development of the
Parking Structure made pursuant to the terms of this Lease or for the temporary or permanent
financing or refinancing of any such Parking Structure. Tenant shall deliver to Landlord promptly
after execution by Landlord a true and verified copy of any Leasehold Mortgage and any
amendment, modification or extension thereof, together with the name and address of the owner and
holder thereof. Landlord shall not encumber or attempt to encumber the Project as security for any
indebtedness of Landlord with respect to any other property now or hereinafter owned by Landlord,
and any such attempt shall be null and void and also constitute a default hereunder. Tenant shall
have the right to replace any construction financing obtained for purposes of building the Parking
Structure W! ith permanent:: financing secured by a mortgage on Tenant's leasehold interest in this
Lease. Any financing secured by the Project shall be paid off on or before the 481 year of this Lease
and no financing shall have an amortization schedule that would require payments after the 48' year
of this Lease. Tenant shall not cross collateralize its interest in the Project for purposes of providing
additional security to obtain financing for any asset other than the Project.
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2. Lender, Leasehold Mortgage. "Lender" shall mean (whether foreign or
domestic) a commercial bank, national bank or savings and loan association, savings bank, trust
company, finance company or insurance company or any pension, retirement or welfare trust or
fund, or pension advisor or investment advisor investing funds for any such trust or fund or any
limited partnerships, real estate investment trust or other entity investing in commercial mortgage
loans or any life insurance company or any other similar institution in the business of making
commercial mortgage loans or securitized mortgage financing (or trustees for any such investors)
or a subsidiary or Affiliate of any such institution or any agent,' designee or nominee of a lender
which is wholly owned or any other entity commonly recognized by the lending community as a
lender or any group or combination of the foregoing. "Leasehold Mortgage" shall mean any one or
more mortgages, deeds of trust, deeds to secure debt, loan deeds, trust indentures, security
agreements, assignment of rents, issues and profits or any similar security or title retention device,
which shall, from time to time, create a lien or encumbrance upon the property, interest or rights of
a party in its respective property and which shall be security for one or more notes, bonds or other
evidences of indebtedness issued by a party.
3. Lender's Rights Upon Tenant Default. During the term of any Leasehold
Mortgage and until such time as the lien of any Leasehold Mortgage has been extinguished, the
following shall apply:
11.3.1. General: Landlord shall not agree to any termination nor
accept any surrender or cancellation of this Lease encumbered by Leasehold Mortgage (except
upon the expiration of the term of this Lease) nor shall Landlord consent to any amendment,
modification or mortgaging or other hypothecation of this Lease without the prior written consent
of Lender-
11.3.2. Landlord Notice to Lender. Notwithstanding any Event of
Default by Tenant in the performance or observance of any covenant, condition or agreement of this
Lease, Landlord shall have no right to terminate this Lease even though an Event of Default under
this Lease shall have occurred and be continuing, or exercise its other remedies in connection with
this Lease unless and until Landlord shall have given the Lender written notice of such Event of
Default and Lender shall have failed either to remedy such default in accordance with Paragraph
11.3.4 below, to acquire Tenant's leasehold estate created hereby or to commence foreclosure or
other appropriate proceedings in the nature thereof, all as set forth in, and within the time specified
by this Paragraph 11.
11,3.3. Lender's Riaht to Cure. Subj ect to the other provisions of this
Paragraph 11.3, any Lender shall, upon the occurrence of an Event of Default by Tenant, have the
right, but not the obligation, to pay the Rent and other payments due hereunder as such become due
(including any interest accrued thereon), to provide any insurance, to pay any taxes (including any
penalties) and make any other payments, to make anyrepairs, to continue to construct and complete
the Project, and do any other act or thing required of Tenant hereunder, and to do any actor thing
which may be necessary and proper to be done in the performance and observance of the covenants,
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conditions and agreements, including without limitation any of the same as may be done in order to
prevent the termination of this Lease or the exercise by Landlord of its other remedies in connection
with this Lease. All payments so made and all things so done and performed by Lender, if done
timely and in accordance with the other provisions of this Paragraph 11.3, shall be effective to
prevent a termination of this Lease or the exercise by Landlord of its other remedies, in connection
with this Lease as the same would have been if made, done and performed by Tenant instead of by
Lender. Any Lender exercising its rights hereunder to cure or remedy any breach or default shall be
entitled to add the cost thereof to the Leasehold Mortgage debt and the lien of its Leasehold
Mortgage;
11.3.4. Time Period and Manner of Curing. Should any Event of
Default of Tenant under this Lease occur, Lender shall have 90 days after receipt of written notice
from Landlord setting forth the nature of such Event of Default, to cure same in the event of a
monetary default or to commence and thereafter proceed expeditiously to cure in the event of a non
monetary default. If the Event of Default is such that possession of the Parking Structure may
reasonably necessary to cure such default (payment of Rent or other monetary obligation not being
such default) or if the default is of the type that cannot reasonably be cured by Lender, Lender shall,
if it wishes to preserve its rights pursuant to this Paragraph 11, within such 90 day period, either
commence and diligently prosecute a foreclosure action or such other proceeding or take whatever
action to acquire Tenant's leasehold interest as may be necessary to enable Lender to obtain such
possession and acquire title thereto. Landlord shall not terminate this Lease or otherwise exercise
its remedies if the Event of Default of Tenant has been cured in the case of monetary defaults or if
Lender is otherwise proceeding as provided herein in the event ofnon monetary defaults. Landlord's
forbearance in taking action based upon the Event of Default of Tenant and in allowing Lender the
opportunity to cure same (or, if the default cannot be cured by Lender), to acquire, Tenant's leasehold
interest in lieu of such cure is expressly dependent upon (a) Lender having fully cured any default
in the payment of any Rent and other monetary obligations of Tenant under this Lease within such
initial 90 day period and thereafter (if Tenant fails to do so) continuing to pay currently such Rent
and other monetary obligations as and when the same are due, and (b) if possession is required in
order to cure (it being agreed that no monetary Event of Default shall require possession in order to
cure same), Lender shall have acquired Tenant's leasehold estate created hereby or commenced
foreclosure or other appropriate proceedings in the nature thereof within such initial 90 day period
or prior thereto, and shall be diligently and continuously prosecuting any such proceedings to
completion to enable Lender to acquire possession and title to Tenant's leasehold interest. All rights
of Landlord to terminate this Lease and to exercise its other remedies in connection with this Lease
as the result of the occurrence of any such Event of Default of Tenant shall be subject to and
conditioned upon Landlord' having first given Lender written notice of such Event of Default and
Lender having failed to remedy such default (or, if the default cannot reasonably be cured by Lender,
to acquire Tenant's leasehold interest in lieu of such cure) as set forth in and within the time period
specified by this Paragraph 11.3.4;
11.3.5. Nonmonetary Event of Default. A nonmonetary Event of
Default of Tenant under this Lease which by the nature thereof cannot be cured by Lender without
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�.
possession or ownership of the Parking Structure shall not be deemed required to be cured until
Lender has possession and ownership thereof. If, after obtaining possession ofthe Parking Structure,
Lender cannot cure such nonmonetary Event of Default, it shall be waived by Landlord if (a) within
90 days after receiving written notice from Landlord setting forth the nature of such Event of
Default, Lender shall have acquired the Project in question or commenced foreclosure or other
appropriate proceedings in the nature thereof or otherwise proceed to acquire the same, (b) Lender
shall diligently and continuously prosecute any such proceedings to completion and acquisition and
possession of the Parking Structure (c) Lender shall have fully cured any default in the payment of
any Rent and other monetary obligations of Tenant under this Lease within such 90 day period and
shall thereafter (if Tenant fails to do so) continue to faithfully and timely pay all Rent and other
monetary obligations.
11.3.6. Lender's Acquisition of Leasehold. Upon the acquisition of
Tenant's leasehold interest and the taking of possession of the Project by Lender under the provisions
of this Paragraph, Lender shall perform all of the obligations of the Tenant hereunder as and when
the same become due or required and, in the case of those defaults reasonably capable of cure by
Lender, will have 90 days to cure (or if the Event of Default cannot be reasonably cured within 90
days, then such additional time as may reasonably be necessary to cure the same provided Lender
has commenced to cure the same within such 90 day period) those Events of Default which have
already occurred including, but not limited to, the commencement of operation of the Project if the
Project has not been operating during the proceedings
11.3.7. Bgp]MMtcy and Similar Proceedings Against Tenant. If the
Lender is prohibited by any process or injunction issued by any court or by reason of any action by
any court having jurisdiction of any bankruptcy, debtor rehabilitation or insolvency proceedings
involving Tenant from commencing or prosecuting foreclosure or other appropriate proceedings in
the nature thereof or taking any other action required by subparagraph 11. 3.4 and 11. 3.5 above, the
times specified in subparagraphs 11.3.4 and 11.3.5 above for commencing or prosecuting such
foreclosure or other proceedings and for taking such other action shall be extended for the period of
such prohibition, provided that Lender shall have, within the initial 90 day notice period, fully cured
any default in payment of any Rent or other monetary obligations of Tenant under this Lease and
shall (if Tenant fails to do so), continue to pay currently such Rent or other monetary obligations of
Tenant as and when the same fall due, and provided that Lender, within 120 days after the filing of
such bankruptcy, debtor rehabilitation or insolvency proceedings, shall diligently attempt and
continue to attempt to remove any such prohibition;
11.3.8. Method ofNotice. Landlord shall mail to Lender two duplicate
copies by certified mail of any and all Events of Default and other notices that relate to
noncompliance with the terms of the Agreement which Landlord may from time to time give to or
serve upon Tenant pursuant to the provisions of this Lease, and no such notice shall be deemed to
have been given until a copy thereof shall have been received by Lender;
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11.3.9. Lender Foreclosure of Leasehold Mortgage. Foreclosure of
a Leasehold Mortgage or any sale thereunder, whether by judicial proceedings or by virtue of any
power of sale contained in the Leasehold Mortgage, or any conveyance of the Parking Structure from
Tenant to Lender, its designee or nominee by virtue or in lieu of the foreclosure or other appropriate
proceedings in the nature thereof, shall not require the consent of Landlord or, provided Lender has
complied with the provisions of Paragraph 11, constitute a breach of any provision of or an Event
of Default under this Lease. Upon such foreclosure, sale or conveyance, Landlord shall recognize
Lender, or any other foreclosure sale purchaser, as tenant hereunder, provided it complies with the
provisions of the terms and conditions of this Lease.
11.3.10. Lease with Lender Upon Termination of Lease by Landlord.
Should Landlord terminate this Lease by reason of any uncured Event of Default hereunder or should
Landlord terminate this Lease without the consent of all Leasehold Mortgagees, Landlord shall give
written notification thereof to each Leasehold Mortgagee affected thereby and Landlord shall, upon
written request by Lender to Landlord received within 90 days after such termination, execute along
with Lender and deliver within 60 days after such request, a new lease of the Parking Structure to
Lender for the remainder of the term of this Lease with the same covenants, conditions and
agreements as are contained herein; provided, however, that Landlord's execution and delivery of
such new lease of the Parking Structure, shall be made without representation or warranty of any
kind or nature whatsoever either express or implied including, without limitation, any representation
or warranty regarding title to the Project other than those contained in this Lease and in any event
without representation or warranty as to the priority of such new lease. Landlord's obligation to
enter into such new lease of the Parking Structure with the Lender shall be conditioned upon Lender,
on the date the new lease is executed, having paid all Rent or other monetary defaults hereunder or
thereunder and having remedied and cured all nonmonetary defaults of Tenant susceptible to cure
by Lender.
4. No Waiver of Landlord's Obligations. _ Nothing contained herein or in any
Leasehold Mortgage shall be deemed or construed to relieve Landlord from the full and faithful
observance and performance of its covenants, conditions and agreements contained herein, or from
any liability for the nonobservance or nonperformance thereof, or to require, allow or provide for
the subordination to the lien of such Leasehold Mortgage or to any Lender of any estate, right, title
or interest of Landlord in or to the Leased Property or this Lease.
5. No Financing Liability. Except as required for the Landlord Finance
Obligation, Landlord shall not be required to join in the Leasehold Mortgage or be liable for it in any
way.
6. Payment of Landlord's Attorneys' Fees. Any Lender which seeks the benefit
of the terms and provisions of Paragraph l 1 shall, as a condition of Landlord's performance
thereunder, pay the reasonable attorneys' fees and costs of any outside counsel representing Landlord
in connection therewith.
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Vi,
7. Estoppel Certificates from Landlord. Upon request of Tenant or any
Leasehold Mortgagee or Subtenant, Landlord agrees, within ten (10) days after such request, to give
such requesting party an estoppel certificate stating therein that Tenant is not in default, that the
Lease is in full force and effect, and that all conditions for effectiveness of the Lease are satisfied
and that the Lease has not been modified, or otherwise to specify which of the foregoing is not
correct and to what extent.
8. Compliance with City Charter. For so long as the City of South Miami shall
be the Landlord under this Lease, any mortgages or other security interests granted by Tenant with
respect to the Parking Structure shall be in compliance with the Charter and the parties shall cause
all appropriate notices to be filed with the office of the City Manager of South Miami. To the extent
a Lender is unable to either foreclose on Tenant's (or a Successor Tenant's) interest in this Lease or
transfer such leasehold interest to a third party because the City of South Miami Commission elects
not to approve such transfer, the Landlord shall then either (a) purchase the Lender's interest in this
Lease, or (b) the City shall assume the Tenant's (or a Successor Tenant's) obligations under this
Lease. In the case of a purchase by the City of South Miami, the purchase price paid to the Lender
shall be the amount set forth in the foreclosure judgment obtained by such Lender ( "Purchase Price).
In the case of an assumption by the City of South Miami, the City of South Miami shall provide the
Lender with a guarantee of this Lease and shall pay to Lender all of Lender's reasonable cost in
obtaining a foreclosure judgment against Tenant (or a Successor Tenant). In the case of a conflict
between the provisions of this Subparagraph 11.8 and the balance of Paragraph 11, the provisions
of this Subparagraph 11.8 shall control.
9. Payment of Landlord Obligations. The Landlord shall obligate itself to pay
the Landlord Finance Obligation. The Landlord may elect to pay the Landlord Finance Obligation
to Tenant either: (i) on a lump sum basis within forty -five days of Completion of Construction; or
(ii) Landlord may finance the Landlord Finance Obligation on the same terms and conditions (except
with regard to credit underwriting) as the Tenant's financing for the Project. The Landlord shall
make such election in writing and deliver the same to Tenant within forty -five (45) days of the
Effective' Date. If Landlord's fails to make such an election on a timely basis, Landlord will be
deemed to have elected item (ii) above and therefore to finance the Landlord Finance Obligation as
provided above. The Landlord shall, on a timely basis, execute such documents as may be required
by the Lender in order to evidence the Landlord's obligation to pay the Landlord Finance Obligation,
if any.
10. Landlord's Cooperation with Financings. The Landlord shall cooperate with
the 'Tenant in review, execution and delivery of all documents necessary to obtain construction
financing, permanent financing and, from time to time, refinancings from any Lender. The Landlord
shall cooperate not only in regard to the Landlord Finance Obligation, but also with regard to the
Tenant's portion of any such loan.
11. Landlord Obli atg ions. The Landlord acknowledges that its obligations under
this Lease, including, but not limited to, the Landlord Obligations, represent a deferred payment
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obligation on the part of the Landlord in the amounts and in the manner set forth in this Lease. If
compliance with Paragraph 11. 9 above, Landlord shall each year appropriate and budget funds to
pay for the Landlord Obligations such that in the event the Project does not generate sufficient funds
for the Landlord to pay the Landlord Obligations, such budgeted funds will be immediately available
to satisfy the Landlord Obligations. The obligation to approximate and budget funds as provided
herein is a material and continuing obligation of Landlord, and its failure at anytime to carry out this
obligation during the Lease Term constitutes a material default by Landlord hereunder.
12. Events of Default by Tenant. The following events are hereby defined as "Events of
Default" by Tenant:
1. Failure to Pay. Failure of Tenant to pay any Rent or any other payments of
money as herein provided or required when due shall constitute a monetary default of Tenant
hereunder. In the event that any Rent or other payment of money is not paid to Landlord on the date
the same becomes due and payable, Landlord shall give Tenant written notice and a 45 -day period
from receipt of such notice to pay same. If Tenant fails to pay the amount due to Landlord, together
with all interest due thereon within such 45 day period, then Landlord will be entitled to proceed to
exercise any and all remedies provided herein for an Event of Default, subject to the provisions of
Paragraph 11. Tenant covenants and agrees to pay to Landlord interest on the amount thereof from
the date such payment or installment became due and payable to the date of payment thereof, at the
Default Rate.. Until Landlord has provided Tenant with written notice pursuant to this subparagraph
12.1 and the time period for cure set forth in this Lease has elapsed without such cure having been
effected, the failure of Tenant to perform or comply with the monetary covenants of this Lease shall
not be deemed an Event of Default:
2. Failure to Perform. Failure of Tenant to perform in accordance with or to
comply with any ofthe covenants, conditions and agreements which are to be performed or complied
with by Tenant in this Lease other than those requiring payment of money as provided in
Subparagraph 12.1 above, and the continuance of such failure for a period of 60 days after notice
thereof in writing from Landlord to Tenant (which notice shall specify the respects in which
Landlord contends that Tenant has failed to perform any such covenants, conditions and
agreements), shall constitute an Event of Default; provided, however, if such default cannot with
reasonable diligence be cured within 60 days and Tenant within such 60 -day period shall have
commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure
such default, then Tenant shall have such additional time as Tenant requires while and so long as
Tenant continues to diligently prosecute all reasonable actions necessary to cure such default,
provided further that if such default shall be due to Tenant's abandonment of the Parking Structure
after the Commencement of Construction, then and in such event the additional time within which
to cure such abandonment shall not exceed 60 days. Until Landlord has provided Tenant with written
notice pursuant; to this subparagraph 12.2 and the time periods for cure 1 set forth in this Lease have
elapsed without such cure having been effected, the failure of Tenant to perform or comply with the
nonmonetary covenants, conditions and agreements of this Lease shall not be deemed an Event of
Default.
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3. Bankruptcy. Etc.
12.3.1. Bankruptcy Filing. If an order of relief shall be entered upon
any petition filed by or against Tenant, as debtor, seeking relief (or instituting a case) under Chapters
7, 9, 11 or 13 of the Bankruptcy Code of 1978, 11 U.S.C. (Sec. 10 et. seq.) or any successor thereto
provided that Tenant is given 90 days after filing to discharge an involuntary bankruptcy action and
is unable to do so within the time allowed, provided that the foregoing shall not be an Event of
Default hereunder so Tong as the covenants and obligations on the part of Tenant to be performed
hereunder are being performed by Tenant or someone claiming under Tenant.
12.3.2. Lew or Attachment. If the Project is levied upon or attached
by process of law, and such levy or attachment is not discharged within 90 days from such levy or
attachment; provided that the foregoing shall not be an Event of Default hereunder so long as the
covenants and obligations on the part of Tenant to be performed hereunder are being performed by
Tenant or someone claiming under Tenant.
12.3.3. Receiver, Etc. If a receiver or similar type of appointment or
court appointee or nominee of any name or character is made for Tenant or its property, and such
receiver or appointee or nominee is not discharged within 90 days of such appointment, provided
that the foregoing shall not be an Event of Default hereunder so long as the covenants and
obligations on the part of Tenant to be performed hereunder are being performed by Tenant or
someone claiming under Tenant.
4. Remedies for Default by Tenant. If any of the Events of Default by Tenant
shall occur and subject to Subparagraph 12.5 and 12.6, Landlord may, at its option, institute such
proceedings as are reasonably necessary to cure such defaults or to compensate Landlord for
damages resulting from such defaults, including but not limited to, the right to give to Tenant a
notice of termination of this Lease. If such notice is given, except as otherwise provided in Paragraph
11 hereof, the term of this Lease shall terminate, upon the date specified in such notice from
Landlord to Tenant, as fully and completely as if that date were the date herein originally fixed for
the expiration of the term of this Lease, and on the date so specified, Tenant shall then quit and
peaceably surrender to Landlord the Parking Structure. Upon the termination of this Lease, as
provided in this Subparagraph 12.4 and subject to the provisions of Paragraph 11 hereof, all rights
and interest of Tenant in and to the Parking Structure hereunder shall cease and terminate and
Landlord may, in addition to any other rights and remedies it may have, retain all sums paid to it by
Tenant under this Lease and/or exercise any and all rights, whether in law or inequity, that Landlord
has against Tenant.
5. Events of Default by Landlord. The following events are hereby defined as
"Events of Default" by Landlord:
12.5.1. Failure to Pay. Failure of Landlord to pay any payments of money due
Tenant or under the Landlord Obligations, or to budget as security for the payment thereof as
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provided in Paragraph 11, or as otherwise herein provided or required when due shall constitute a
monetary default of Landlord hereunder. In the event that any payment of money is not paid as
required on the date the same becomes due and payable, Tenant shall give Landlord written notice
and a 45 day period from receipt of such notice to pay same. If Landlord fails to pay the amount as
required, together with all interest due thereon within such 45 day period, then Tenant will be
entitled to proceed to exercise any and all remedies provided herein for an Event of Default.
Landlord covenants and agrees to pay to Tenant interest on the amount thereof from the date such
payment or installment became due and payable to the date of payment thereof, at the Default Rate,
or in the case of failure to pay monies due under the Landlord Finance Obligation, to pay interest
and penalties as provided by the Lender`. Until Tenant has provided Landlord with written notice
pursuant to this subparagraph 12.5 and the time period for cure set forth in this Lease has elapsed
without such cure having been effected, the failure of Landlord to perform or comply with the
monetary covenants of this Lease shall not be deemed an Event of Default, except for payment of
the Landlord Finance Obligation, which must be paid as set forth by the Lender.
12.5.2. Failure to Perform. Failure of Landlord to perform in accordance with
or to comply with any of the other covenants, conditions and agreements which are to be performed
or complied with by Landlord in this Lease, and the continuance of such failure fora period of 60
days after notice thereof in writing from Tenant to Landlord (which notice shall specify the respects
in which Tenant contends that Landlord has failed to perform any such covenants, conditions and
agreements), shall constitute an Event of Default; provided, however, if such default cannot with
reasonable diligence be cured within 60 days and Landlord within said 60 day period shall have
commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure
such default then Landlord shall have such additional time as Landlord requires while and so long
as Landlord continues to diligently prosecute all reasonable actions necessary to cure such default.
Until Tenant has provided Landlord with written notice pursuant to this Subparagraph 12.5 and the
time periods for cure set forth in this Lease have elapsed without such cure having been effected, the
failure of Landlord to perform or comply with the covenants, conditions and agreements of this
Lease shall not be deemed an Event of Default.
6. Remedies for Default by Landlord. If any of the Events of Default by
Landlord shall occur, Tenant may, at its option, institute such proceedings as are reasonably
necessary to cure such defaults or to compensate Tenant for damages resulting from such defaults.
In addition, while their exists an uncured Event of Default by Landlord, the Landlord may not
institute any legal proceedings against Tenant or avail itself of any other remedy provided for in this
Lease and Tenant may withhold any payments due from Tenant to Landlord until such time as the
Event of Default is cured. At any time that Landlord has failed to make timely payment to a Lender
required for the Landlord Finance Obligation, Tenant may withhold monies otherwise due from
Tenant to Landlord and use such monies to pay the Landlord Finance Obligation. At any time that
Landlord has failed to make timely payment to Tenant of the Landlord Operational Obligation,
Tenant may withhold monies otherwise due from Tenant to Landlord and use such monies to pay
the Landlord Operational Obligation.
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13. Condemnation.
1. Taking of Entire Premises. If at any time during the term of this Lease the
power of eminent domain shall be exercised by any federal, state, county or municipal sovereign or
their proper delegatees, by condemnation proceeding (a "Taking ") to acquire the entire Parking
Structure, such Taking shall be deemed to have caused this Lease to terminate and expire on the date
of such Taking. Tenant shall have the right to recover from the award for a Taking, as hereinafter
provided, an amount equal to the fair market value of the Parking Structure plus an amount equal
to the value of Tenant's interest in the unexpired term of the leasehold estate created pursuant to this
Lease, but in no event shall Tenant be entitled to compensation for any ownership interest in the
Land. For the purpose of this Paragraph 13, the date of Taking shall be deemed to be either the date
on which actual possession of the Parking Structure or a portion thereof, as the case may be, is
acquired by any lawful power or authority or the date on which title vests therein, whichever is
earlier. All Rents and other payments required to be paid by Tenant under this Lease shall be paid
up to the date of such Taking. Tenant shall keep, observe and perform all the terms of this Lease up
to the date of such Taking.
2. Proceeds of Taking. In the event, following any Taking of the entire Parking
Structure, this Lease is terminated, or in the event, following any Taking of less than the whole of
the Parking Structure, this Lease is terminated as provided for in Paragraph 13.3 herein, the proceeds
of any such Taking (whole or partial) shall be distributed as described in Paragraph 13.1. If the
values of the respective interests of Landlord and Tenant shall be determined according to the
foregoing provisions of this Paragraph 13 in the proceeding pursuant to which the Parking Structure
shall have been taken, the values so determined shall be conclusive upon Landlord and Tenant. If
such values shall not have been separately determined in such proceeding, such values shall be fixed
by agreement between Landlord and Tenant, or if they are unable to agree, by an apportionment
hearing within the condemnation proceeding so that the allocation between the parties is fair and
equitable.'
3. Partial Taking; Termination of Lease. If, in the event of a Taking of less than
the entire Parking Structure, the remaining portion of the Parking Structure not so taken cannot be
adequately restored, repaired or reconstructed so as to constitute a complete architectural unit of
substantially the same usefulness, design, construction, and commercial feasibility, as immediately
before such Taking, then Tenant shall have the right, to be exercised by written notice to Landlord
within one hundred twenty (120) days after the date of the Taking, to terminate this Lease on a date
to be specified in said notice, which date shall not be earlier than the date of such Taking, in which
case Tenant shall pay and shall satisfy all Rents, and other payments due and accrued hereunder up
to such date of such termination and shall perform all of the obligations of Tenant hereunder to such
date and thereupon this Lease shall' cease and terminate, in which event the Tenant's interest under
this Lease in the remainder of the "Parking Structure not taken- shall be sold in accordance with
applicable law and the proceeds of the sale shall be combined with the award given for the partial
Taking, with the entire amount then being distributed as if a total Taking had occurred. Landlord
shall have the option to purchase Tenant's interest under this Lease in the remainder of the Parking
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Structure at its fair market value for period of sixty (60) days after the determination of fair market
value, which value shall be determined within one hundred and fifty (150) days from the date the
Lease was terminated. The fair market value specified in the preceding sentence shall be limited to
the fair market value of the Parking Structure and the value of Tenant's interest in the unexpired term
of the leasehold estate created pursuant to this Lease only and in no event shall such value include
any remaining ownership interest in the Land. If Landlord fails to purchase, the remainder may be
sold,
4. Partial Taking Continuation of Lease. If the Lease is not terminated as herein
above provided, then this Lease shall terminate as to the portion of the Parking Structure taken in
such condemnation proceedings and, as to that portion of the Parking Structure not taken Tenant
shall proceed at its own cost and expense either to make an adequate restoration, repair or
reconstruction of the Parking Structure not taken. In such event, Tenant's share of the award, as
determined in accordance with Paragraph 13.1 herein, shall be payable to Tenant's Leasehold
Mortgagee for application by said Leasehold Mortgagee to Tenant's reconstruction, repair or
rebuilding. If the part of the award so paid to Tenant is insufficient to pay for such restoration, repair
or reconstruction, Tenant shall pay the remaining cost thereof, and shall fully pay for all such
restoration, repair and reconstruct ion, and complete the same free from mechanics' or materialmen's
liens and shall at all times save Landlord free and harmless from any and all such liens.
5. Temporary Taking. If the whole or any part of the Parking Structure or of
Tenant's interest under this Lease be taken or condemned by any competent authority for its or their
temporary use or occupancy not exceeding one year, this Lease shall not terminate by reason thereof
and Tenant shall continue to pay, in the manner and at the times herein specified, the full amounts
of the rents, revenues and all other charges payable by Tenant hereunder, and, except only to the
extent that Tenant may be prevented from so doing pursuant to the terms of the order of the
condemning authority, to perform and observe all of the other terms, covenants, conditions and all
obligations hereof upon the part of Tenant to be performed and observed, as though such Taking had
not occurred. In the event of any such temporary Taking, Tenant shall be entitled to receive the
entire amount of any award made for such Taking (attributable to the period within the tenn of the
Lease); whether paid by way of damages, rent or otherwise. Tenant covenants that, upon the
termination of any such period of temporary Taking, prior to the expiration of the term of this Lease,
it will, at its sole cost and expense, restore the Parking Structure, as nearly as may be reasonably
possible, to the condition in which the same was immediately prior to such Taking.
6. Additional Takings. In case of a second, or any additional partial Taking or
Takings from time to time, the provisions hereinabove contained shall apply to each such partial
Taking. In the event any federal, state, county or municipal sovereign or their proper delegatees with
the power of eminent domain appropriates or condemns all or a portion of the Parking Structure, the
award shall be divided in accordance with the provisions of Paragraph 13.1. In that event, in
accordance with the provisions hereof, Tenant shall restore, repair, or reconstruct any portion of the
Parking Structure not taken; provided that if the award so paid to Tenant shall be insufficient to fully
pay for such restoration, repair or reconstruction, Tenant shall have the option of-
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13.6.1. Making Repairs. Repairing or reconstructing the remaining
portion of the Parking Structure at its expense, in which event the provisions of Subparagraph 13.4
herein shall control, or
13.6.2. Terminating am. Terminating the Lease in which event the
provisions of Paragraph 13.3 herein shall control.
7. Inverse Condemnation or other Damages. In the event of damage to the value
of the Parking Structure by reason of change of grade, access rights, street alignments or any other
governmental or quasi - governmental act which constitutes an inverse condemnation of any portion
of the Parking Structure creating a right to full compensation therefor, then Landlord and Tenant
shall each be entitled to claim and receive from the net payment or award made on account thereof,
the compensation for their respective estates and interests as set forth in Paragraph 13.1.
8. Involuntary Conversion. In the event any Taking or other like proceeding or
threat or imminence thereof shall occur as provided for hereinabove or otherwise, Landlord and
Tenant agree to cooperate with each other (especially in the event of a Taking under Paragraph 13.7)
in order to provide proper evidence of communication of the proceeding or threat or imminence
thereof (including evidence of like Takings under Paragraph 13.7), to the Internal Revenue Service
for purposes of determining whether property has been voluntarily converted within the meaning of
the Internal Revenue Code.
9. Payment of Fees and Costs. All fees and costs incurred in connection with any
condemnation proceeding described in this Paragraph 13 shall be paid in accordance with the law
governing same, as determined by the court or by arbitration, if appropriate.
14. Use and Care.
1. Use. Tenant shall use the Parking Structure for general office use, retail use
and as a rental parking facility only. Tenant shall not use or permit the use of the Parking Structure
for any purpose except as permitted herein unless Landlord gives its advance written consent.
Tenant shall be permitted to use the sidewalks adjacent to the Parking Structure or any other area
outside the Project for the solicitation of business to the extent permitted by applicable municipal,
county, state or federal codes and regulations, and shall be permitted to use any sound broadcasting
or amplifying device which can be heard outside of the Project to the extent permitted by applicable
municipal, county, state or federal codes and regulations
2. Operating Standards. Tenant shall (i) maintain the Parking Structure in a
clean, orderly and sanitary condition; (ii) not permit undue accumulation of garbage, trash, rubbish
or other refuse in the Parking Structure; (iii) keep such refuse in proper containers inside the Parking
Structure until normal pickup; and (iv) maintain and repair the Parking Structure and make all
necessary repairs thereto.
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3. Use Restrictions. Tenant shall not commit waste, perform acts or carry on any
practices which are or may be a nuisance or injurious to other tenants or visitors of the Project.
4, Applicable Law. At all times, Tenant shall fully and promptly comply with
all laws, local ordinances, orders and regulations of any lawful authority having jurisdiction over the
Parking Structure, including without limitation, those relating to the environment, cleanliness, safety,
occupation, and use of the Parking Structure. Notwithstanding the preceding sentence, Tenant shall
not be obligated to perform, or be responsible for the cost of, any alterations or modifications of the
Parking Structure necessary for it to comply with any future local, state, and/or federal laws.
5. Environmental. Tenant shall not cause or permit any Hazardous Material to
be brought upon, kept or used in or about the Parking Structure by Tenant, its agents, employees,
contractors or invitees, other than such Hazardous Materials as may be necessary or useful to
Tenant's business and will be used, kept and stored in a manner that complies with all laws
regulating any such Hazardous Material so brought upon or used or kept in or about the Parking
Structure. As used in this Lease, the term "Hazardous Material means any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority, the
State of Florida, or the United States.
15. Repair and Maintenance.
1. Landlord's Responsibility. During the Lease Term, Landlord shall have no
responsibility to maintain the Parking Structure, except for the repair, maintenance and replacement
of the Landlord Portion and the Landlord's parking spaces and meters located onthe Second Level
Parking Deck and ordinary municipal services and repairs provided to other commercial buildings
in the City of South Miami.
2. Tenant's Responsibilities. During the Lease Term and with the exception of
the Landlord parking spaces located on the Second Level Parking Deck, Tenant shall repair and
maintain the Parking Structure.
16. Loss of Property. Landlord shall not be liable for any loss of any property of Tenant
from the Parking Structure or for any damages to any property of Tenant, unless due to the wilful
misconduct or gross negligence of Landlord or any of its employees, agents, or contractors.
17. Renovation.
1. Tenant's Rights. Tenant shall have the right, with Landlord's prior written
approval, at any time and from time to time during the term of this Lease or any renewal thereof, at
its sole cost and expense, to modify, remodel, expand, rebuild, alter and/or reconstruct the Parking
Structure and to raze the Parking Structure provided any such razing shall be preliminary to and in
connection with the rebuilding of a new Parking Structure provided further that:
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17.1.1. Submission ofPlans and Specifications. The method, schedule, plans
and specifications for such razing and rebuilding of a new Parking Structure or Parking Structures
are submitted to Landlord for its approval at least sixty (60) days prior to commencement; and
17.1.2. Tenant to Obtain Approvals and Permits Tenant obtains all approvals,
Permits and authorizations required under applicable ordinances and laws. Landlord agrees that its
approval of the method, schedules, plans and specifications will not be arbitrarily or unreasonably
withheld, conditioned or delayed. Landlord accepts no liability and waives no rights by reason of
its approval of the method, schedule, plans and specifications for any such rebuilding of the Parking
Structure. None of the foregoing provisions is intended to subject to Landlord's approval (i) any
modifications, construction, replacements, or repair in the nature of "tenant work" (including,
without limitation, interior improvements to space occupied or to be occupied by Subtenants) as such
term is customarily used, (ii) emergency repairs or (iii) any normal and periodic maintenance,
operation, and repair of the Parking Structure.
2. Landlord's Cooperation. Landlord hereby agrees, within thirty (30) days after
receipt of written notice from Tenant, and, subject to any limitations of its authority under Florida
Statutes, the Code and general law and subject to Paragraph 17.1 and other provisions of this Lease,
that the Landlord will issue to the Tenant a written determination either consenting to or rejecting
Tenant's renovation proposal. Upon receipt of Landlord's consent, Landlord shall execute and
deliver to Tenant any and all suitable applications or other authorizations required by any
governmental or other, body claiming jurisdiction in connection with any work which Tenant may
do in accordance with this Lease. Any charges or expenses incurred pursuant to this Paragraph 17.2
for such applications for Permits, licenses, easements or other authorizations shall be borne solely
by Tenant.
18. Access to Premises. Upon providing Tenant with at least one business day's prior
written notice, Landlord, its agents and representatives, may, subject to compliance with Tenant's
security procedures, enter the Parking Structure for the purposes ofphysical inspection and to exhibit
the Parking Structure to prospective purchasers. Without such prior notice, Landlord, its agents and
representatives, may enter the Parking Structure for emergency purposes only. This Paragraph 18
applies only to Landlord in its proprietary capacity as landlord under this Lease and shall in no
apply to the police power of the City of South Miami and the provisions of normal municipal
services by the City of South Miami, including, but not limited to, the collection ofparking revenues
and issuance of parking fines on the Second Level Parking Deck.
19. Operation and Management of Improvements.
1. Control of Parking Structure. Landlord hereby agrees that, subject to any
limitations imposed by the terms of this Lease, Tenant shall be free to perform and exercise its rights
under this Lease and shall have exclusive control and authority to direct, operate, lease and manage
the Parking Structure, provided, however, that Landlord shall retain the right to disapprove and
require the cessation of any conduct or activity that is illegal, immoral, or constitutes a public
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nuisance. Tenant covenants and agrees to continuously operate the Parking Structure consistent with
prudent business practices to ensure that the Gross Income generated by the Parking Structure is
comparable to that generated in 'similar facilities in similar locations and to provide security in a
manner comparable to similar facilities in similar locations. Subject to applicable codes, ordinances
and regulations, Tenant shall operate the Parking Structure so as to provide public access to the
parking spaces within the Parking Structure at all times. Notwithstanding the foregoing sentence,
Tenant's operation of the Parking Structure shall at all times be subject to contractual obligations
of Tenant to the Subtenants and to all appropriate security, repair, maintenance and capital
improvement requirements of Tenant.
2. Non - Interference. Landlord and Tenant hereby mutually agree not to interfere
with the free flow of pedestrian or vehicular traffic to and from the Parking Structure and the
surrounding area. They further agree that, except for those structures reasonably necessary for
security and safety purposes, no fence, or any other structure of any kind (except as may be
specifically permitted or maintained under the provisions of this Lease, indicated on approved Plans
or otherwise mutually agreed upon in writing) shall be placed, kept, permitted or maintained in such
a fashion as to materially or adversely interfere with pedestrian or vehicular traffic to and from the
Parking Structure. The foregoing shall not prohibit Tenant from closing the Parking Structure and
denying access to the public at such times and in such manner as deemed necessary by Tenant during
the development or construction of any portion of the Project, the repair and maintenance of the
Parking Structure or in the operation of the Parking Structure. The Tenant will not engage in any
activity that hampers the City's ability to provide municipal services.
3. Rights to Erect Sins, Revenue Therefrom.
19.3.1. Procedure for Signs. Landlord hereby agrees that Tenant, to the extent
permitted by law shall have the exclusive right during the term of the Lease, to place, erect, maintain
and operate, or cause, allow and control the placement, erection, maintenance and operation of any
signs or advertisements in accordance with Paragraph 19.3.2 below, in or on the Project. Tenant
shall be responsible for obtaining any and all Permits and licenses which may be required from time
to time by any governmental authority for such signs and advertisements and Landlord agrees to
execute any consents necessary or required by any governmental authority as part of Tenant's
application for such Permits or licenses.
19.3.2. Allowable Signs. All types of signs and advertising which are in
compliance with all applicable laws and ordinances shall be allowed.
19.3.3. Removal of Signs. Tenant shall have the right to remove any signs
which, from time to time, may have become obsolete, unfit for use or which are no longer useful,
necessary or profitable in the conduct of Tenant's business, or in the occupancy and enjoyment of
the Project by Tenant, or any Subtenant.
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19.3.4. Definition of Signs. As used in this Lease, "sign(s)" shall be deemed
to include any display of characters, letters, illustrations, logos or any ornamentation designed or
used as an advertisement or to indicate direction, irrespective of whether the same be temporary or
permanent, electrical, illuminated, stationary or otherwise.
19.3.5. Revenue from Signs. Tenant shall be entitled to rent or collect a fee
for the display or erection of signs, advertisements, and the use of space for display or erection of
signs.
4. Landlord's Signs Upon the Project. Landlord shall be allowed to place within
the Project informational graphics at locations and in sizes mutually agreed upon by Landlord and
Tenant. Landlord shall be responsible for the installation, maintenance, upkeep and ultimate
removal and disposal of such graphics. Landlord shall also be responsible for the installation of way
finding signage in the vicinity of the Project.
5. Night and Weekend Parkin for or Special Events. So long as the City of South
Miami is the Landlord and by providing ten days prior written notice, the Landlord may request that
Tenant provide public parking in the Parking Structure in excess of that provided by the Second
Level Parking Deck. Tenant shall provide such additional parking by using all or a portion of the
parking spaces of the Parking Structure (other than those parking spaces on the Second Level
Parking Deck) for public parking. Tenant is obligated to provide such additional public parking only
if the same is allowed by all applicable codes, ordinances and laws, the providing of additional
parking spaces by Tenant does not conflict with Tenant's existing parking obligations to Subtenants
and others, the Tenant would not otherwise make those parking spaces available to the public at such
times as requested by Landlord, and the Landlord reimburses Tenant, on a monthly basis, for any
operating deficit suffered by Tenant due to the costs incurred by Tenant to provide such additional
parking, including, but not limited to, security and insurance costs. Tenant, in its sole discretion,
shall determine the parking policies to be applied to any such additional night and weekend parking
and Landlord, by prior written notice may set the parking fees for any such additional night and
weekend parking.
6. Indemnification. Tenant and Landlord hereby agree to indemnify and hold
each other harmless from and against any liabilities, obligations, damages, penalties, claims, costs,
charges and expenses, including reasonable attorney's fees, to the extent that such charges are not
paid out of any policies of insurance, which may be imposed upon, incurred by, or asserted against
the indemnified party by reason of any act, omission or negligence on the part of the indemnifying
party or its agents, contractors, servants, employees, licensees, invitees, partners, joint venturers or
third parties, arising out of or occurring on the Parking Structure during the term of this Lease. This
Subparagraph 19.6 shall not apply to any loss, damages or charges caused by the indemnified party,
its employees or agents. This Subparagraph 19.6 shall survive the termination of the Lease.
20. Surrender of Parking Structure. Upon termination of this Lease, Tenant shall deliver
to Landlord a quit -claim deed transferring all of Tenant's rights, title and interest to the Project in
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form satisfactory to the City of South Miami. The Parking Structure shall be free and clear of all
liens, restrictions and encumbrances. Tenant shall remove its personal property and surrender
possession of the Parking Structure in its "as is" condition. Tenant shall have no responsibility for
making any extraordinary repairs or replacements, or establishing any reserves therefor, nor shall
Tenant be required to make any representations or warranties concerning the condition of the Parking
Structure upon surrender. Tenant, however, does have the obligation to maintain the Parking
Structure in such a way as is commercially reasonable when taking into account maintenance
programs at similar parking garages in Miami -Dade County.
21. Destruction.
1. Tenant's Duty to Restore. If, at anytime during the term of this Lease, the
Parking Structure or any part thereof shall be damaged or destroyed by fire or other casualty covered
within the insurance designation of fire and extended coverage as same is customarily written in the
State of Florida, Tenant, at its sole cost and expense, shall proceed to repair, alter, restore, replace
or rebuild, as expeditiously as possible after receipt of insurance proceeds, the same as nearly as
reasonably possible to its value, condition and character which existed immediately prior to such
damage or destruction, subject to such changes or alterations as Tenant may elect to make in
conformity with the provisions of this Lease and modern construction techniques and methods.
Provided Tenant otherwise complies with the terms of this Lease and obtains Landlord's approval,
it may construct buildings and improvements which are larger, different in use and represent, in
Tenant's opinion, the highest and best use of the Land to the extent allowed by applicable Law and
Ordinance. Such repairs, alterations, restoration, replacements or rebuilding, including such changes
and alterations as aforementioned and including temporary repairs for the protection- of other
property pending the completion of any thereof, are sometimes referred to in this Paragraph 21 as
the '"Work".
2. Interrelationship of Lease Paragraphs. Except as otherwise provided in this
Paragraph 21, the conditions under which any Work is to be performed and the method of
proceeding with and performing the same shall be governed by all the provisions of Paragraph 8 and
Paragraph 9.
3. Insurance Loss Payees. All policies of insurance required to be maintained
by Tenant in accordance with Paragraph 23 shall provide that the loss thereunder shall be payable
to Tenant and to any Leasehold Mortgagee under a standard mortgage endorsement. No Leasehold.
Mortgagee shall be permitted to unreasonably withhold its consent to a release of the net proceeds
of any fire or other casualty insurance paid to the Tenant or any Leasehold Mortgagee for any loss
which shall occur during the term of this Lease and for such repairing or rebuilding same, provided
Tenant complies with reasonable requirements of the Leasehold Mortgagee preliminary to the release
of said funds. Any proceeds remaining at completion shall be paid to and belong to Tenant.
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4. Reconstruction Del.U. If more than fifty percent (50 %) of the Parking
Structure has been destroyed, Tenant, agrees to commence reconstruction as expeditiously as
possible taking into account all conditions which apply to Tenant during such period.
5. Termination by Destruction. , Notwithstanding anything to the contrary
contained herein, in the event that the Parking Structure or any part thereof shall be damaged or
destroyed by fire or other casualty during the last five (5) years of either the initial term of this Lease
or any renewal term and the estimated cost for repair and restoration exceeds Five Hundred
Thousand Dollars ($500,000.00), then Tenant shall have the right to terminate this Lease and its
obligation hereunder by giving written notice to Landlord to such effect within one hundred twenty
(120) days after such damage or destruction. In such an event this Lease shall terminate on the date
specified in such notice (which shall not be earlier than thirty (30) days following the receipt of such
notice or later than the expiration of the then term of this Lease) and the obligations of Tenant under
this Lease shall be prorated to the date of termination. Tenant shall have the obligation to raze the
Parking Structure and return the Land to a municipal parking lot, (with asphalt and striping, but
without parking meters, lighting or any other improvements). In such an event all insurance
proceeds shall belong to the Leasehold Mortgagee to the extent there remains unpaid principal or
interest due under any Leasehold Mortgage. If insurance proceeds exist in excess of the amount to
be paid to any Lea: sehold Mortgagee the proceeds shall be us: ed to raze the Parking Structure and
return the Land to a clear and clean condition. Any remaining insurance proceeds shall belong to
Tenant;
22. Sale of Leasehold, Subletting, Landlord's Assignment.
22.1. Right to Transfer Leasehold, During the term of this Lease, Tenant or any
Successor Tenant may sell, assign, or otherwise transfer this Lease to such other persons, firms,
corporations, partnerships unincorporated associations, joint ventures, estates, trusts, any federal
state or municipal government, bureau, department or agency thereof or other entity (Successor
Tenants) as Tenant shall select provided that said conveyance of the Tenant's leasehold interest
receives the approval of the City Commission as required under the South Miami City Charter. (a)
The City shall consider Tenant's request to transfer, sell or assign its leasehold interest and shall. not
unreasonably withhold its consent provided that the proposed transfer satisfies the following
minimum standards: (i) The City Commission has determined in its reasonable discretion, after
reviewing the current financial statements provided by the Successor Tenant, that the Successor
Tenant has the financial strength, experience and capability to assume the obligations of the Lease
Agreement and maintain the level of service required of Tenant under this Lease; (ii) the City
Commission is satisfied after its due diligence that the controlling principals of the Successor Tenant
have not been convicted of any felony related to financial fraud; (iii) there is no litigation,
arbitration, governmental claim, investigation or proceeding pending or threatened against the
Successor Tenant which would impede its ability to perform under the Lease Agreement (this
requirement may be satisfied by a disclosure letter from the Successor Tenant's legal counsel); (iv)
the Successor Tenant has not received a notice of violation of environmental laws and failed to settle
or remedy any such violations (this requirement may be satisfied by a disclosure letter from the
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Successor Tenant's legal counsel); (v) the Successor Tenant has not been charged with violating
applicable laws concerning employment and employment practices, terms and conditions of
employment, wages and hours, occupational, safety and health, including laws concerning unfair
labor practices within the meaning of Section 8 of the National Labor Relations Act and the
employment of non - residence under the Immigration Reform and Control Act of 1986 and failing
to settle or remedy the same (this requirement may be satisfied by a disclosure letter from the
Successor Tenant's legal counsel); (b) such a'sale, assignment or transfer shall be made expressly
subject to the terms, covenants, and conditions of this Lease; and (c) there shall be delivered to
Landlord a duly executed and recordable copy of such transfer; and such transfer shall not be
effective to bind Landlord until notice thereof is given to Landlord, and such notice shall designate
the name and address of the Successor Tenant and the post office address of the place to which all
notices required by this Lease shall be sent. Such Successor Tenant (and all succeeding and
successor transferees) shall succeed to all rights and obligations of 'Tenant under this Lease,
including the right to mortgage, encumber and otherwise assign and sublease subject, however, to
all duties and obligations of Tenant in and pertaining to the then unexpired term of this Lease.
Subject to the provisions of this Paragraph, upon such transfer by Tenant, or by 'a Successor Tenant
in accordance' with the requirements of this Paragraph 22, Tenant (and/or its successive Tenant or
Tenants) as transferor in such a transfer shall be released and discharged from all of its duties and
obligations hereunder which pertain to the then unexpired term of this Lease, including the payment
of Percentage Rents which are not then due and payable; it being the intention of this Lease that
Tenant then in possession shall be liable for the payment of the Percentage Rents becoming due and
payable during the term of its possession of the Parking Structure, and that there' shall be no
obligation on the part ' of Tenant (or any transferee) for the payment of any such Percentage Rents,
which shall become due and payable subsequent to the termination of their possession ofthe Parking
Structure under the terms of this Lease. Any act required to be performed by Tenant pursuant to the
terms of this Lease may be performed by Successor Tenant or Sublessee of Tenant and the
performance of such act shall be deemed to be performed by Tenant and: shall be acceptable as
Tenant's 'act by Landlord, provided such act is otherwise performed in accordance with the terms
of this Lease.
22;1.1. Rights to Sublease. Tenant shall have the right to sublease all or any
portion of the retail, office and parking space components of the Parking Structure without any
approval of or consent from Landlord provided Tenant remains liable under the Lease for the portion
of the Parking Structure being subleased. Landlord agrees that any rights of Landlord hereunder to
reenter and take possession of the Parking Structure shall be subordinate to the rights of any such
Subtenant to continue peaceably in possession under any and all Subleases, provided that such
Subtenant be in conformity with the terms and conditions of its lease. Landlord further agrees that
upon the receipt of any request from Tenant, Subtenant, or Leasehold or Subleasehold Mortgagee(s),
it will grant such assurances to such Subtenant as may be requested of their continued right to
occupy a portion of the retail or office component of the Parking Structure pursuant to the terms of
their leases so long as they remain in compliance with the terms of their leases, and provided further
that any such leases do not extend beyond the expiration of the term of this Lease.
22.2. Landlord Assignment. If the interest of Landlord under this Lease is
transferred voluntarily to a purchaser or other party ( "Transferee "), Tenant shall be bound to such
Transferee for the balance of the Lease Term remaining, and any extensions or renewals thereof
which maybe effected in accordance with the terms and provisions hereof, with the same force and
effect as if the Transferee were the Landlord under this Lease, and Tenant does hereby agree to
attorn to the Transferee, as its Landlord, such attornment to be effective and self- operative without
the execution of any further instruments upon the Transferee succeeding to the interest of the
Landlord under this Lease. The respective rights and obligations of Tenant and the Transferee upon
such attornment to the extent of the then remaining balance of the Lease Term and any such
extensions and renewals shall be and are the same as those set forth herein. In the event of such
transfer of Landlord's interest, Landlord shall be released and relieved from all liability and
responsibility thereafter accruing but shall remain liable for all its obligations to Tenant prior to the
date of such transfer.
22.3. Compliance with City Charter. For so long as the City of South Miami shall
be the Landlord under this Lease, any sale of Tenant's leasehold' interest hereunder, subletting or
assignment of Tenant's leasehold interest hereunder with respect to the Parking Structure shall be
in compliance with the Charter and the parties shall cause all appropriate notices to be filed with the
office of the City Manager of South Miami. In the case of a conflict between the provisions of this
Subparagraph 22.3 and the balance of Paragraph 22, the provisions of this Subparagraph 22.3 shall
control.
22.4. Riulht of First Refusal. Upon Landlord's exercise of its right to assign the
Lease to a third party as provided in Paragraph 22.2, Landlord shall provide written notice of the
terms and conditions of the proposed assignment of the Lease as well as the terms and conditions
for any proposed sale of the Land ("Sale Notice"). Tenant shall have fifteen business days in which
to deliver written notice ( "Acceptance Notice ") to Landlord of Tenant's intent to purchase the
Landlord's interest in the Lease and the Land on the same terms and conditions as referenced in the
Sale Notice. If the Tenant delivers the Acceptance Notice to Landlord on a timely basis, Landlord
shall convey the Land to Tenant for the price and on the terms contained in the Sale Notice. Unless
the Sale Notice provides otherwise, the closing for Tenant's purchase of Landlord's interest in the
Lease and Land shall be within 120 days of Landlord's receipt of the Acceptance Notice. If the
Tenant fails to deliver the Acceptance Notice to Landlord on a timely basis, the Landlord shall be
at liberty to sell and convey the Land as provided in the Sales Notice. In the event Tenant exercises
its right to purchase the Land as provided in this Subparagraph 22.4, Landlord's interest in this Lease
shall be assigned to Tenant as of the closing date of Tenant's purchase of the Land and the parties
shall have no further liabilities or obligations to each other hereunder.
22.5. Fee Upon Transfer of Leasehold. Upon Tenant's transfer of its leasehold
interest in the Project as provided in Subparagraph 22. l above, Tenant shall pay Landlord a transfer
fee (the "Transfer Fee ") as provided in this Subparagraph 22.5. The Transfer Fee shall equal 2.5%
of the net profit from the transfer of the leasehold by Tenant if the net profit is equal or less than
$1,400,000. If the net profit from the transfer of the leasehold by Tenant exceeds $1,400,000, the
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Transfer Fee shall be $35,000 plus 7 % of the amount by which the net profit exceeds $1,400,000.
The net profit from the transfer of the leasehold by Tenant shall be determined under generally
accepted accounting principles and shall apply only to monies actually received by Tenant (or
liabilities from which Tenant is actually relieved).
22.6. Mark Richman Purchaser of Leasehold Interest. As of the Effective Date, Mark
Richman is approved as a purchaser of Tenant's leasehold interest in the Project and is deemed to
satisfy all of the criteria listed in Subparagraph 22.1 for approval of a proposed transferee of the
leasehold interest in the Project. At such time in the future as Mark Richman may become a
transferee of Tenant's leasehold interest in the Project, Mark Richman shall be an approved
transferee so long as he continues to satisfy the conditions listed in Subparagraph 22.1 after the
Effective Date.
23. Insurance.
1. Acquisition of Insurance Policies. Tenant shall, at its sole cost and expense,
procure and maintain, or cause to be procured and maintained, during the entire Lease Term the
insurance described in this Paragraph 23 (or its then available equivalent), which insurance shall be
subject to Landlord's review and approval (which approval shall not be unreasonably withheld or
delayed) and shall name Landlord as an additional insured. Policy limits shall be reviewed annually
and may be adjusted if prudent, considering levels of inflation, risk of loss, premium expenses, and
other relevant factors.
2. Types of Required Insurance. Tenant shall procure and maintain the
following:
23.2.1. Commercial General Liability Insurance. After Completion
of Construction, commercial general liability insurance covering all claims with respect to injuries
or damages to persons or property sustained in, on or about the Parking Structure and the
appurtenances thereto, including the sidewalks and alleyways adjacent thereto, which shall contain
a "contractual liability" and a cross - liability clause, with limits of liability (which limits shall be
adjusted as provided in Paragraph 23.1 above) no less than the following:
Commercial General Liability
One Million Dollars ($1,000,000) each occurrence
23.2.2. Umbrella Liability Insurance. Umbrella liability insurance in
the amount of Three Million Dollars ($3,000,000).
23.2.3. Physical Prope rty Damage Insurance. After Completion of
Construction, physical damage insurance covering all real and personal property, excluding property
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paid for by Subtenants or paid for by Tenant for which Subtenants have reimbursed Tenant, located
on or in, or constituting a part of, the Parking Structure in an amount equal to at least one hundred
percent (100 %) of the new replacement cost of all such property (or such lesser amount as Landlord
may approve in writing). Such insurance shall (a) be provided on an all risk or special form property
coverage as may be customary for like properties in the vicinity of the Project from time to time
during the term of this Lease and (b) cover explosion of steam and pressure boilers and similar
apparatus located in the Parking Structure, subject in each case to deductibles approved by any
Leasehold Mortgagees of the Parking Structure. Tenant shall not be required to maintain insurance
for either earthquake or war risks; provided, however, if Tenant shall obtain any such coverages,
then, for as long as such insurance is maintained by Tenant, Landlord shall be entitled to the benefits
of the first sentence of Paragraph 23.3 hereof, and Paragraph 23.3.3.
23.2.4. Builder's Risk Insurance. During construction of the Project,
contingent liability and builder's risk insurance upon the entire work on the Parking Structure to the
current one hundred percent (100 %) replacement value thereof against "all risks" of physical loss
or damage to the property insured. Such insurance shall be provided by Tenant's general contractor.
23.2.5. Business Interruption. After construction of the Project,
business interruption insurance in an amount not less six months of revenue for the Parking
Structure.
3. Terms of Insurance. The policies required under Paragraph 23.2 shall name
Landlord as additional insured and Tenant shall provide to Landlord certificates of insurance and
copies of policies obtained by Tenant hereunder promptly upon the request of Landlord as and when
received by Tenant. Further, all policies of insurance described in Paragraph 23.2 shall:
23.3.1. Primary Policies. Be written as primary policies not
contributing with and not in excess of coverage that Landlord may carry.
23.3.2. Notice of Change or Cancellation. Contain an endorsement
providing that such insurance may not be materially changed or amended with respect to Landlord
except after twenty (20) days prior written notice from insurance company to Landlord, and may not
be canceled with respect to Landlord except after thirty ,(30) days prior written notice from insurance
company to Landlord.
23.3.3. Landlord Not Responsible for Notice or Premiums. Expressly
provide that Landlord shall not be required to give notice of accidents or claims and that Landlord
shall have no liability for premiums.
23.3.4. Insurance Company Rating. Be written by insurance
companies having a Best's rating of "B+ or equivalent, if available, which insurance companies
shall otherwise be reasonably acceptable to Landlord.
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23.3.5. Mortgage Endorsement. Provide a standard mortgage
endorsement as contemplated in Paragraph 21.3.
4. Landlord's Acquisition of Insurance. If Tenant at any time during the Term
fails to procure or maintain insurance required hereunder or to pay the premiums therefor, Landlord
shall have the right to procure the same and to pay any and all premiums thereon, and any amounts
paid by Landlord in connection with the acquisition of insurance shall be immediately due and
payable as additional Rent, and Tenant shall pay to Landlord upon demand the full amount so paid
and expended by Landlord. Any policies of insurance obtained by Landlord covering physical
damage to the Premises shall contain a waiver of subrogation against Tenant if and to the extent such
waiver is obtainable and if Tenant pays to Landlord on demand the additional costs, if any, incurred
in obtaining such waiver.
5. Insurance Money and Other Funds Held in Trust. All insurance money
received by the Tenant shall be held in trust and shall be applied as follows: First, to any Leasehold
Mortgagee as required under the terms of its Mortgage, provided that such Mortgage was of record
and secured a loan made or committed to Tenant in compliance with all of the terms and conditions
of this Lease prior to the occurrence of such loss; second, for the purpose of defraying the cost of
repairing, restoring, replacing, or rebuilding any structure or improvement on or in the Parking
Structure as provided in Paragraph 23.6 hereof, and, third, if the damaged or destroyed structure or
improvement is not repaired, restored, replaced, or rebuilt as hereinafter provided, said funds shall
be disposed of as provided in Paragraph 23.6. Any of said 'funds not utilized at the end of the Term
hereof shall be disposed of as set forth in Paragraph 23.6.1:
6. Application of Proceeds of Physical Damage Insurance. In the case of any
loss covered by any insurance policies described in Paragraph 23.2.3. (Physical Property Damage
Insurance), the application of insurance proceeds from damage or loss to property shall be
determined in accordance with Paragraph 21 hereof and, in the event of any such repair, replacement,
restoration, or rebuilding, the Tenant shall apply the proceeds of the insurance collected to the cost
of such work upon completion in satisfactory to the licensed architect or engineer in charge of
the work. Any amounts payable to Tenant for work or services performed or materials provided as
part of any such repair, replacement, restoration, or rebuilding shall not exceed competitive rates for
such services or materials and Tenant shall, upon request of Landlord, make available to Landlord
and its representatives all books and records of Tenant relating to such work, services, and materials.
Upon completion of such repair, replacement, restoration, or rebuilding in accordance with the
provisions of this Lease, and the full payment therefor (so no liens, encumbrances, or claims with
respect thereto can be asserted on account of such work against the Parking Structure,' this Lease,
Landlord, or Tenant other than any Mortgage permitted under the terms hereof), any insurance
proceeds received by the Tenant or Landlord with respect to the damage or destruction involved, and
not used, shall be paid to Tenant.
23.6.1. Distribution ofUnutilized Proceeds. Upon the termination of
this Lease, including a termination as a consequence of damage or destruction of the Parking
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Structure, such insurance proceeds received and held by the Tenant or Landlord and not used for
repair, replacement, or reconstruction (the "Available Proceeds ") shall be disposed of as follows:
(a) First, to the holder of any Leasehold Mortgage pursuant to
Paragraph 11 hereof to the extent of the unpaid balance of the Loan, if there is such an unpaid Loan;
(b) Second, the balance of the Available Proceeds shall be paid to the
Landlord in an amount sufficient to remove any improvements rendered unusable and not repaired
and to return the Land to a municipal parking lot (with asphalt and striping, but without parking
meters, lighting or any other improvements); and
(c)' Any remainder shall be paid to Tenant.
7. Insurance Appraiser. The determinations required under this Paragraph 23
shall be made by an independent qualified insurance appraiser selected by the parties, whose
decision shall not be subject to arbitration. If the parties cannot agree on the insurance appraiser
within thirty (3 0) days after the date of such damage or destruction, then each party shall appoint an
insurance appraiser who shall j ointly choose a third insurance appraiser (the "Independent Insurance
Appraiser"). The written decision of the Independent Insurance Appraiser shall be binding on
Tenant and Landlord.
8. Waiver of Subrogation. Landlord and Tenant hereby release each other from
any and all liability or responsibility (to the other or anyone claiming through or under the other by
way of subrogation or otherwise) for any loss or damage to real or personal property on the Parking
Structure caused by fire or any other insured peril, even if such fire or other casualty shall have been
caused by the fault or negligence of the other party or anyone for whom such party may be
responsible. Landlord and Tenant shall each procure insurance policies with such a waiver of
subrogation and with a clause or endorsement to the effect that any such release shall not adversely
affect or impair said policies or prejudice the right of the releasor to recover thereunder; provided,
however, if policies with such a clause or endorsement shall not be obtainable or shall be obtainable
only at a premium over that chargeable without such waiver, the party seeking such policy shall
notify the other thereof, and the latter shall have ten (10) days thereafter either (a) to procure such
insurance in companies reasonably satisfactory to the other party or (b) to agree to pay such
additional premium. If neither (a) nor (b) is done, this Paragraph shall have no effect during, such
time as such policies shall not be obtainable or the party in whose favor a waiver of subrogation is
desired shall refuse to pay the additional premium. If such policies shall at any time be unobtainable,
but shall be subsequently obtainable, neither party shall be subsequently liable fora failure to obtain
such insurance until a reasonable time after notification thereof by the other party.
9. Landlord's Insurance. Landlord shall, at its sole cost and expense, procure
and maintain, or cause to be procured and maintained, during the entire Lease Term the insurance
covering liability for any damage caused by Landlord, or Landlord's agent, in the Project, which
insurance shall be subject to Tenant's review and approval (which approval shall not be
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unreasonably withheld or delayed). Policy limits shall be reviewed annually and may be adjusted
if prudent, considering levels of inflation, risk of loss, premium expenses, and other relevant factors.
The policies required under this Subparagraph 23.9 shall name Tenant as additional insured and
Landlord shall provide to Tenant certificates of insurance and copies of policies obtained by
Landlord hereunder promptly upon the request of Tenant as and when received by Landlord.
Further, all policies of insurance described in this Subparagraph 23.9 shall (i) contain an
endorsement providing that such insurance may not be materially changed or amended with respect
to Tenant except after twenty (20) days prior written notice from insurance company to Tenant, (ii)
may not be canceled with respect to Tenant except after thirty (30) days prior written notice from
insurance company to Tenant, (iii) expressly provide that Tenant shall not be required to give notice
of accidents or claims and that Tenant shall have no liability for premiums and (iv) be written by
insurance companies having a Best's rating of "B +" or equivalent, if available, which insurance
companies shall otherwise be reasonably acceptable to Tenant.
24. Relation of the Parties. The execution of this Lease or the performance of any act
pursuant to the provisions thereof shall not be deemed or construed to have the effect of creating
between Landlord and Tenant the relationship of principal or agent, or of partnership or joint
venture.
25. Acts of God; Unavoidable Delays.
1. Acts of God. Notwithstanding any other provision herein to the contrary,
provided such cause is not due to the willful act or neglect of the party asserting its rights under this
Paragraph, a party shall not deemed in default with respect to the performance of any of the terms,
covenants and conditions of this Lease if the same should be due to any hurricane, windstorm,
tornado, lightning, flood, strike, lock -out, civil commotion, war -like operation, invasion, rebellion,
hostilities, military or usurped power, sabotage, governmental regulations or controls, :. inability to
obtain any materials, service or financing, through act of God or other cause beyond the control of
such party;
2. Unavoidable Delays. Any delay resulting from Unavoidable Delays shall
extend the time for completion and performance dates under this Lease. Tenant shall not be liable
for loss or damage or deemed to be in default hereof due to any such Unavoidable Delay(s), provided
that such Unavoidable Delay is not caused by the fault or negligence of Tenant.
26. Landlord's Covenant of Quiet Enjoyment. _ If Tenant observes and performs all the
covenants, terms and conditions hereof, Tenant and Subtenants shall peaceably and quietly hold and
enjoy the Project for the Lease Term without interruption by Landlord or any person or persons
claiming by, through or under Landlord, subject to the terms and conditions of this Lease.
27. Brokerage. Landlord and Tenant represent and warrant that they have dealt with no
broker, agent, or other person in connection with this transaction. Each party agrees to indemnify
the other should a broker prevail on a claim for a brokerage commission earned due to the execution
of this Lease and the construction of the Project.
IME
28. Time of Essence. Time shall be of the essence with regard to the performance by
Tenant and Landlord of all of their respective obligations hereunder.
29. Notices. All notices, demands, consents, and reports provided hereunder shall be in
writing and shall be given to the parties at the addresses set forth below or at such other address as
any of the parties may hereafter specify by notice given in the same manner:
As to Landlord:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Charles Scurf, City Manager
With copy to:
Earl Gallop
City Attorney for the City of South Miami
Nagin Gallop Figueredo
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
As to Tenant:
SPG Phase One, Ltd.
7150 S.W. 621 Avenue
Miami, Florida 33143
Attn: Albert S. Elias, President
With copy to:
Richard J. Razook
Thomson Muraro Razook & Hart, P.A.
One Southeast Third Avenue, Suite 1700
Miami, Florida 33131
Such notice or other communication, together with appropriate copies, may be mailed by United
States registered or certified mail, return receipt requested, postage prepaid or delivered by hand or
by telecopy. If the notice and copy are mailed, then such notice or other communication shall be
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deemed to have been received by the addressee on the date of actual receipt as evidenced by postal
or other receipt.
30. Compliance with Laws and Ordinances.
1. Compliance. Throughout the term of this Lease, Tenant, at Tenant's sole cost
and expense, and Landlord, at Landlord's sole cost and expense, shall promptly comply with all
applicable laws, regulations and ordinances.
2. Contest by Tenant. Tenant shall have the right, after prior written notice to
Landlord, to contest the validity or application of any law or ordinance by appropriate legal
proceedings diligently conducted in good faith, in the name of Tenant without cost or expense to
Landlord. If counsel is required, the same shall be selected and paid by Tenant. To the extent that
Tenant's compliance shall require the cooperation and participation of Landlord, Landlord agrees
to cooperate and participate. Landlord hereby agrees to execute and deliver any appropriate papers,
affidavits, forms or other such documents reasonably necessary for Tenant to contest the validity or
application of any law or ordinance and approved by counsel for Landlord, which approval shall not
be unreasonably withheld or delayed.
31. Representations and Warranties.
1. Landlord's Representations. Landlord hereby represents to Tenant that:
31.1. 1. Free of Violations. The Land is free and clear of any violations of
laws, regulations and ordinances.
31.1.2. No Actions Affecting Use. There are no existing rules, regulations,
citations, ordinances or orders of any municipal, county, state or other governmental agency which
adversely affect the use of the Land in a manner inconsistent with this Lease and no such adverse
effect or change is threatened, pending or imminent.
31.1.3. No Sewer Impairments. There are no administrative or other
proceedings pending, threatened or imminent which would in any way interfere with, preclude or
impair the furnishing of sewer and water treatment services to the Land.
31.1.4. No Moratoria. There are no building, utility, sewer or other moratoria
currently in effect, pending, threatened or imminent, which would adversely affect construction of
any improvements or the issuance of any Permits with respect to the Land.
2. Landlord's Warranties. Landlord hereby warrants to Tenant that:
31.2.1. Authority to Bind. Landlord has full power and authority to enter into
this Lease and perform in accordance with its terms and provisions; that the parties signing this
Lease on behalf of Landlord have the authority to bind Landlord and to enter into this transaction
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and Landlord has taken all requisite action and steps to legally authorize it to execute, deliver and
perform pursuant to this Lease.
31.2.2. Free of Tenancies. Landlord shall deliver possession of the Land to
Tenant free and clear of any and all tenancies and occupancies, subject only to the rights reserved
herein to Landlord.
3. Tenant's Representations and Warranties. Tenant hereby represents and
warrants to Landlord that:
31.3.1. Authority to Bind. It has full power and authority to enter into this
Lease and perform in accordance with its terms and provisions; that the parties signing this Lease
on behalf of Tenant have the authority to bind Tenant and to enter into this transaction and Tenant
has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant
to this Lease.
32. Exculpation. Notwithstanding anything contained to the contrary or any other
provision of this Lease, it is specifically agreed and understood that there shall be absolutely no
personal liability on the part of Tenant's individual officers, directors, stockholders, partners (general
and limited) or co- venturers of Tenant, or any assignee or successor -in- interest of Tenant with
respect to any obligations, terms, covenants and conditions of this Lease, and Landlord shall look
solely to the equity of Tenant or any such assignee or successor -in- interest in the leasehold estate
of Tenant under this Lease for the satisfaction of each and every remedy of Landlord in the event
of any breach by Tenant or by any such assignee or successor -in- interest of any of the obligations,
terms, covenants and conditions of this Lease to be performed by Tenant.
33. Airspace Reversion Rights. The Conveyance of the Airspace to Tenant shall be
subject to the Airspace Reversion Rights in favor of MRP. The Conveyance of the Airspace shall
be subject to reversion if, after completion of the New MRP Building as contemplated by Article 13
of the MRP Agreement, there is a destruction of the Project and neither Tenant nor Landlord elect
to cause the shell of the New MRP Building to be rebuilt in accordance with the terms of this Lease
and the MRP Agreement. In connection therewith, the Tenant and the Landlord shall be provided
180 days 'after a destruction to proceed to have the New MRP Building reconstructed substantially
in accordance with the Plans (subject to any changes in applicable building codes or other legal
requirements), or else it shall be determined that the Landlord and the Tenant have elected not to
proceed with reconstruction of the New MRP Building. If the Airspace reverts to MRP as provided
in this Paragraph 33, Landlord and Tenant shall execute all documents reasonably, necessary to
reconvey the Airspace to MRP. The security interest of any Lender in the Project shall be subject
to the Airspace Reversion Rights in favor of MRP.
34. Rights With Respect to Old MRP Building. It is hereby acknowledged that the Old
MRP Building does not meet current zoning standards in the City of South Miami with respect to
parking requirements and possibly other matters. The Old MRP Building consists of approximately
8000 square feet and has parking spaces. In connection with the potential that the Old MRP
Building may be demolished pursuant to this Lease and the MRP Agreement and subsequently the
IEM
- t 77 7-7,
Project may not be completed, or the potential that the Project may be destroyed and the New MRP
Building not rebuilt, it is hereby confirmed and agreed as follows (the "Reconstruction Rights "):
1. Prior to Construction. In the event the Old MRP Building is demolished and
the Project is not constructed, then MRP shall retain the right to reconstruct a building having the
same square footage, footprint and available parking spaces as the Old MRP Building.
2. Destruction After Construction. In the event the Project is constructed,
thereafter destroyed and the New MRP Building is not reconstructed, then the same rights as in
Subparagraph 34.1 above shall apply and MRP shall have the right to re- construct a building as set
forth in Subparagraph 34.1 above.
35. MRP Consideration. The Landlord and the Tenant acknowledge and agree that MRP
would not enter into the MRP Agreement and otherwise convey the Airspace as set forth in the MRP
Agreement, absent the irrevocable consent and agreement of the Landlord to the provisions of
Paragraph 33 and 34 of this Lease with respect to the Airspace Reversion Rights and the
Reconstruction Rights.
36. General Provisions.
1. Severability. If any provision of this Lease or the application thereof to any
person or circumstances is held invalid, prohibited, or unenforceable for any reason, this Lease shall
be ineffective only to such extent and the remaining provisions shall continue to be given full force
and effect so far as possible.
2. No Waiver. The failure of a party to insist upon strict performance of any
term, to claim any interest, or to exercise any power, right or option contained in this Lease, in any
one or more instances, shall not be construed to be or constitute in fact a waiver or relinquishment
of that party's right to assert and enforce its rights regarding any such term, interest, right, power,
or option in any future instance.
3. Entire Agreement. This Lease, including all Exhibits referenced herein and
to the extent incorporated by reference the MRP Agreement, represents the entire agreement of the
parties and is intended as a complete and exclusive statement of the terms thereof. Any oral or
written inducements, representations, warranties, agreements or other communications made prior
to the execution of this Lease shall be void and ineffective for all purposes.
4. Successors and Assigns. This Lease shall be binding upon the successors,
assigns, and representatives of the parties hereto.
5. Modification and Rescission. This Lease may be modified or rescinded only
by a writing signed by the parties making specific reference hereto. For so long as the City of South
Miami is the Landlord, any modification or rescission of this Lease shall require the approval of the
City of South Miami Commission.
.•
6. Governing Law. This Lease shall be construed and enforced in accordance
with the laws of the State of Florida without regard to its conflicts or choice of law and venue for
any proceeding hereunder shall be in the Circuit Court for and in Miami' -Dade County, Florida.
7. Interpretation. Unless the context of this Lease indicates a contrary intent,
words in the singular shall include the plural and vice- versa, and words in the masculine gender shall
include the feminine or neuter genders as appropriate. Paragraph headings are for convenience only
and shall not in any way affect the interpretation of any provision of this Lease.
Florida law:
8. Radon Disclosure. The following disclosure is required to be furnished under
"Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing
may be obtained from your county public health center."
9. No Discrimination. Tenant will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, sexual preference, age, ancestry,
marital status, handicap, place of birth, or national origin. The Tenant shall take affirmative action
to ensure that applicants are employed and that employees are treated during their' employment,
without regard to their race, religion, color, sex, age, ancestry, marital status, handicap, place of birth
or national origin. Such actions shall include, but not be limited to, the following: employment;
upgrading; transfer or demotion; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation and selection for training, including apprenticeship.
10. Attorne sue' Fees. If any action is brought to enforce this Lease, or to rescind
the same, or to collect damages for an alleged breach hereof,- or for a declaratory judgment
hereunder, the prevailing party in such action or arbitration, whether Landlord or Tenant, shall be
entitled to an allowance for reasonable attorneys' fees (whether at the pretrial, trial or appellate
level), in addition to costs of suitor arbitration. Attorneys' fees payable under this Subparagraph
36.10 shall not exceed 25% of the amount of damages awarded to the prevailing party and no party
shall be entitled to pre judgment' interest.
11. Reasonableness of Approvals. Pursuant to this Lease Agreement, the
Landlord and the Tenant are required to give approvals to various matters effecting each other's
rights. In considering whether to give such approval, the Landlord and Tenant shall act in good faith
and in a commercially reasonable manner unless otherwise provided herein. 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. Unless specified otherwise, where
approval or consent of the City is required under this Agreement, such consent or approval shall be
deemed to refer to the City's consent or approval as a property owner, and such consent or approval
shall be contractual in nature !and -shall not in lieu of any required governmental approval of City.
12. Duplicate Originals. This Lease is fully executed by the parties in duplicate
identical original instruments, either of which may be introduced into evidence in any proceeding
as conclusive proof of the text thereof. Each party' acknowledges receipt of one fully executed
Lease.
13. Memorandum of Lease. The Landlord and Tenant shall record either this
Lease or a memorandum of lease in the Public Records of Miami -Dade County, Florida at such time
as requested by and in a form acceptable to the Construction Lender.
14. Mutual Release. Except as otherwise provided in this Lease, Landlord and
Tenant do hereby and on behalf of their respective predecessors, successors, affiliates, subsidiaries,
administrators and assigns, release and forever discharge each other and their respective directors,
officers, employees, counsel, agents, successors, assigns and all other persons, firms or corporations
affiliated therewith, of and from any and all manner of action and actions, cause and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialities, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages; judgments,
executions, claims and demands whatsoever, in law or in equity, whether or not direct or contingent,
liquidated or unliquidated, which were or might or could have been asserted by either party with
regard to actions relating to or arising out of the Request for Proposals issued by the City of South
Miami dated July 10 1997 which forms the basis for this Lease, regardless whether such actions
preceded or occurred subsequent to the Request for Proposal, and which occurred prior to the
Effective Date of this Agreement. The release contained in this paragraph is not meant to limit either
parties', remedies due to defaults under this Lease or any other rights or obligations of the parties
under this Lease.
IN WITNESS WHEREFORE, this Lease has been executed and caused to be
delivered in Miami -Dade County, Florida, to be effective in all respects as of February _, 2001
( "Effective Date").
WITNESSED: TENANT:
SPG Phase One, Ltd., a Florida limited
partnership
By The Initial Phase, Inc., its sole general
partner
By:
Albert S. Elias, President
Date:
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Malmo dpi
City of South Miami, a municipality of
Miami -Dade County, Florida
By:
Charles Scurr, City Manager
Date:
SWORN TO AND SUBSCRIBED before me this day of February,` 2001, by Albert
S. Elias, as president of The Initial Phase, Inc., a Florida corporation, on behalf of the corporation.
He _ (a) is personally known to me, or (b) has produced
as identification.
My commission expires:
Notary Public State of Florida
Name:
[SEAL]
SWORN TO AND SUBSCRIBED before me this day of February, 2001, by Charles
Scurr, as City Manager of the City of South Miami, Florida, on behalf of the City of South Miami,
Florida. He (a) is personally _known to me, or (b) has produced
as identification.
My commission expires
Notary Public - State of Florida
Name:
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[SEAL]
EXHIBIT A
Legal Description of City Land
Lot 35, LESS the West 5.0 feet thereof, and Lot 36, LESS the South
40.09 feet thereof, and Lot 48, LESS the South 10.0 feet thereof, and
all of Lots 49 and 50, W.A. LARKIN'S SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 3, at Page 198 of the
Public Records of Dade County, Florida.
Together with:
The South 40.09 feet of Lot 36, LESS the West 5.0 feet and Lot 37
LESS the West 5.0 feet and LESS the South 10.0 feet thereof, W.A.
LARKIN's SUBDIVISION, according to the Plat thereof as recorded
in Plat Book 3, at Page 198 of the Public Records of Dade County,
Florida.
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EXHIBIT B
Legal Description of MRP Land
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EXHIBIT C
Title Exceptions for City Land
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EXHIBIT D
Form of Certificate of Waiver of Title Requirements and Airspace Conditions and Establishment
of Lease Commencement Date
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-s-. -�
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I N C4RP0RATEQ
1927
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Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scum
City Manager ,
REQUEST
MEMORANDUM
Date: February b, 2001
Re: Agenda Item•
Newsrack Resolution
Miami Herald /The "Street" Newspaper
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF 7 NEWSRACK
DEVICES, FOR THE "STREET" NEWPAPER, BY MIAMI HERALD PUBLISHING
COMPANY, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR
AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
The following resolution is presented pursuant to Ordinance No. 12 -90- 1451, which requires the
approval of the Mayor and City Commission for placement of newsracks within the City of
South Miami. Ordinance 12 =90 -1451 establishes standards and an application process for
proposed newsracks. Applicants must meet all of the required standards for color, placement,
design, location, and licensing for newsracks prior to approval by the City Commission.
In January 2001, Miami Herald Publishing Company submitted a complete application package
for the "Street" Newspaper, for seven locations within the City of South Miami. The applicant
will do all the necessary field measurements before installing the newsracks in order to comply
with all placement and installation standards pursuant to Ordinance 12 -90 -1451.
RECOMMENDATION
Approval.
Attachments:
Proposed Res lution for Adoption (Consent Agenda)
Newsrack RRp N
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF 7
NEWSRACK DEVICES, FOR THE "STREET" NEWPAPER, BY MIAMI
HERALD PUBLISHING COMPANY, PURSUANT TO ORDINANCE NO. 12-
90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 21, 1990, the City Commission adopted Ordinance No. 12 -90-
1451, which regulates the placement, design, location, and licensing of newsracks in the City of
South Miami; and,
WHEREAS, on January 15, 2001, a completed application package was submitted by
Miami Herald Publishing Company /The "Street" Newspaper, for the location of newsrack
devices as described in the attached application; and,
WHEREAS, the City Commission desires to approve installation of seven newsrack
devices at the locations that conform to the requirements of said Ordinance No. 12 -90 -1451.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
,Section 1. Seven locations for placement of newsrack devices at various locations within -
the City of South Miami, as contained in the application submitted by Miami Herald Publishing
Company /The "Street" Newspaper, are hereby approved.
Section 2. The newsrack devices shall be placed, installed, maintained, and licensed in
accordance with the requirements of said Ordinance No. 12 -90 -1451.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 6th day of February, 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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NUMBER OF NEWSRACK(S) -7
PROPOSED LOCATION(S)
NAME OF NEWSPAPER . OR PERIODICAL
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APPLICATION IS HEREBY MADE TO OBT IN A PERMIT TO DO THE WORK
AND INSTALLATIONS AS HXRETO IFIDI TED -_I CERTIFY THAT NO WORK
OR INSTALLATION FUSS BEEN EFFE PRIOR TO THE ISSUANCE OF
SAID PERMIT AND ALL WORK G12:, BE PERFORMED TO MEET THE
STILVDARDS OF ALL LAWS REGULATING CONSTRUCTION TN THE CITY OF
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#7 - SOUTH BEACH SMOOTHIE
From: Earl G. Gallop, City Attorney �/ Re:
/so,
Resolution approving settlement
agreement /property located at 6400
SW 62 Avenue
Subject: A resolution relating to the use and improvement of a gas station and
convenience store at 6400 SW 62 Avenue.
Discussion: The settlement agreement is the product of negotiations between the properly
owner, Hardee Road Corporation, and the City that began last year when the City undertook
the process to amend the land development regulations to eliminate gas stations as a special
use in NR— Neighborhood Residential zoning districts. The agreement provides for totally
eliminating auto repair, limiting the hours of operation, enhancing landscaping and lighting,
maintaining video surveillance, contributing $5,000 for landscaping in the vicinity of the
property, complying with environmental monitoring and compliance requirements, and
hiring residents of the City. The agreement is in the public interest in light of (1) the benefits
to the City and (2) the City Attorney's opinion that the owner has a constitutionally protected
vested right to the continued use of the property for gas station use; and it has not evidenced
an intent to abandon the use and the City advised it to not apply for building permits while
the zoning amendment was pending.
Recommendation: Approve the resolution.
I RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 CONTRACTS; APPROVING A SETTLEMENT AGREEMENT
7 WITH HARDEE ROAD CORPORATION REGARDING
8 PROPERTY LOCATED AT 6400 S.W. 62 AVENUE;
9 PROVIDING AN EFFECTIVE DATE.
10
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12 WHEREAS, the Mayor and City Commission of the City of South Miami
13 initiated an amendment to the Land Development Regulations to eliminate gas
14 station use as an authorized special use in NR— Neighborhood Retail zoning
15 districts; and,
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17 WHEREAS, Hardee Road Corporation, the owner, sought a certificate of
18 occupancy for a gas station use on property located at 6400 S.W. 62 Avenue while
19 the amendment to the LDRs was pending; and,
20
21 WHEREAS, the owner advised the City that it would take legal action if
22 necessary to enforce its right to improve the existing gas station and to continue to
23 use the property for gas station use; and,
24
25 WHEREAS, the City Attorney issued a written opinion that a lawful gas
26 station use of the property, which becomes a nonconforming use because of a
27 change is zoning regulations, is entitled to continued protection as a constitutional
28 vested right that "runs with the land" (is transferable to a new owner) and is not
29 lost due to change of ownership or eviction of tenants; and,
30
31 WHEREAS, the owner and the City negotiated in good faith to resolve
32 their differences regarding the use of the property, and the owner agreed, among
33 other things, to eliminate auto repair, limit hours of operation, enhance
34 landscaping and lighting, maintain video surveillance, contribute $5,000 for
35 landscaping in the vicinity of the property, comply with environmental monitoring
36 and compliance requirements, and to hire residents of the City; and,
37
38 WHEREAS, the owner has agreed to file an application with the City for
39 approval of a landscaping -light plan not later than February 28, 2001 and,
40
41 WHEREAS, the Mayor and City Commission desire to approve the
42 settlement agreement as being in the best interest of the City of South Miami.
Additions shown by underlining and deletions shown by
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The settlement agreement, dated January 18, 2001, which is
annexed to this resolution, is approved and the City Attorney is authorized to
execute and deliver the agreement. In furtherance of a purpose of the agreement
to allow for the improvement of the property to a modern, landscaped, secure
facility, the City will refrain from scheduling the second reading and final
approval of an amendment to the land development regulations to eliminate gas
stations as a special use in NR districts until March 6, 2001.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\ \Dell_6100 \Documents \City of South Miami \0022- 001 \8376.doc
Page 2 of 2
s
LAW OFFICES
SHUBIN &BASS
P R O F E S S I O N A L A S S 0 C I A T 1 0 N
Via Facsimile Transmission
and U.S. Mail
January 18, 2001
Earl Gallop, Esq.
City Attorney
City of South Miami
3225 Aviation Avenue
Suite 301
Miami, FL 33133 -4741
Re: 640,0 S.W. 62 Avenue; Confidential Settlement Related
Correspondence Which Shall Not Be Used For Any Other Purpose
Or Introduced In Any Proceeding
Dear Earl:
This letter will serve to communicate and confirm the settlement offer
presented to the City of South Miami by' both Hardee Road Corp. and the
contract vendee of the above - referenced property (collectively, the "property
owner ")
Under the terms of the settlement offer, the property owner shall
agree as follows:
1) No car ,repair or other automotive work, including but not limited to,
routine maintenance or the selling of automobile parts, shall occur on
the premises.
2) The hours of operation of the business, which shall be for the sale of
gasoline for motor vehicles and the operation of a convenience store
only, shall be from 6:00 a.m. - 11:59 p.m.
3) A reasonable and customary landscaping- lighting plan, in accordance
with all City and Miami -Dade County requirements, shall be submitted
for review and approval by City staff.
4) There shall be installed an operating surveillance camera system inside
the convenience store, such system commensurate with the size of the
property, with a 24 -hour police contact number. This system shall be
part of the landscaping- lighting plan to be approved by City staff.
5) A contribution of $5,000 shall be made to the construction of a
landscaping barrier for the area bordering the business.
6) The station owner /operator shall exercise all best efforts in the
hiring of South Miami residents for all full -time and part -time
employment positions for the business. In the event that no South
Miami residents are employed within thirty (30) days from the
MIAMI TAMPA
46 S.W. 1st Street, 3rd Floor, Miami, Florida 33130 707 Florida Avenue, Tampa; Florida 33602
Ph: 305.381.6060 Fx:305.381.9457 Ph:813.223.4785 Fx:813.223.4787
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commencement of business operations and also remain employed for at
least one year from the date of hire, the owner /operator shall
contribute the amount of $2,500 to any City or CRA job placement
program. Additionally, within 6 months of the date of hire, the
resident employee shall be trained for the position of manager.
7) All federal, state, and local environmental requirements shall be
observed„ and the City shall be given copies of all reports or
correspondence issued by any agency, including DERM, within 3 business
days of receipt by the owner of the property, which shall be presumed
to be within five -(5) days of issuance by DERM. The City reserves the
right to require, at the owner /operator's sole cost, individual
monitoring and testing upon the 'occurrence of a verifiable incident
involving the property, in accordance with the standards of the
Petroleum Liability Insurance Program.
In exchange, the City of South Miami shall:
1) Process and issue all permits, including a Certificate of Occupancy,
which are necessary to permit a, gas station and convenience store
on the property.' Moreover, it is expressly acknowledged and
understood by the City of South Miami that the monetary obligations
referenced above shall not be due and owing to the City of South
Miami until appropriate permits allowing the remodeling of the gas
station and convenience store have been applied for and received by
the property owner.
Please note that this letter is protected communication between the
parties until such time as it is approved and agreed to by the undersigned
and once executed by both parties its 'contents will be made part of the
public records at the City of South Miami.
Sincerely,
John K. Shubin
For the Firm
Hardee Road Corporation Owner
By: William Eagan, By: Oswaldo Quintana
Vice President
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City of South Miami
By: Earl Gallop, Esq.
City Attorneylw e'04 'a..,
cc: John Dellagloria, Esq.
SHUBIN & BASS, PA,
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