02-15-00MAYOR: Julio Robaina CITY MANAGER: Charles Scurr
VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: Mary Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: February 15, 2000 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: March 7, 2000 Phone: (305) 663 -6340
Time: 7:30 PM
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 IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or
rezmmerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance
D. Presentation(s)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
February 1, 2000 Regular City Commission Minutes
2. City Manager's Report
3. City Attorney's Report
REGULAR CITY COMMISSION
AGENDA - February 15, 2000
1
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STORMWATER
DRAINAGE, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH MC HARRY & ASSOCIATES, INC., TO PERFORM
CIVIL ENGINEERING SERVICES FOR THE TWIN LAKES PROJECT
(PHASE I) AT A COST NOT TO EXCEED $5,500.00 AND
CHARGING THE DISBURSEMENT TO "ESCROW PUBLIC WORKS
FINANCIAL ASSISTANCE GRANT" ACCOUNT NO. 111- 0000 -219-
1810.
3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY- OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED
MEDICAL_ LEAVE; GRANTING- MR. DAVID WALKER ADDITIONAL
LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. (Deferred
from February 1, 2000)
(Vice- Mayor Feliu) 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A STORMWATER
IMPROVEMENTS GRANT, CONCERNING CONTRACTS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO
ACCEPT A $340,000.00 GRANT FOR STORMWATER DRAINAGE
IMPROVEMENTS.
3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $8,500.00 TO
METRO -DADE K -9 SERVICES FOR THE PURCHASE OF ONE POLICE
WORK DOG AND K -9 EQUIPMENT AND CHARGE THE FUNDS TO
ACCOUNT NUMBER 1910 - 521 -6430, (OPERATING EQUIPMENT)
3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE AN OPEN PURCHASE ORDER IN THE AMOUNT
OF $8,000.00 FOR PLACENCIA NURSERY CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 001- 2050 - 519 -4625
"LANDSCAPE MAINTENANCE - LANDSCAPE IMPROVEMENTS."
3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH -MIAMI, FLORIDA RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING KENNETH FELDMAN TO SERVE
FOR AN UNEXPIRED TERM ENDING APRIL 20, 2001 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
REGULAR CITY COMMISSION 2
AGENDA - February 15, 2000
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATIONS BOARD; APPOINTING BROCK CHESTER TO SERVE FOR
A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING ROSEMARIE WILSON TO SERVE
FOR A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) HEARING
12 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONFLICT OF
INTEREST; WAIVING THE PROHIBITION OF CITY OF SOUTH
MIAMI CODE SECTION 8A -1( C), PROHIBITION ON TRANSACTING
BUSINESS WITH THE CITY, IN THE APPOINTMENT OF SUSAN
_REDDING TO THE CITY °S - ZONING TASK FORCE PROVIDING AN
EFFECTIVE DATE.
(Mayor Robaina) 3/5
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(B)(21) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE
AN ANIMAL HOSPITAL IN THE "GR" GENERAL RETAIL ZONING
DISTRICT SPECIFICALLY AT 5820 BIRD ROAD.
4/5
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -3.4 (B) (19) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
SMALL RESTAURANT IN THE "SR (HD)" SPECIALTY RETAIL,
HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY
AT 5844 SW 73RD STREET.
4/5
RESOLUTION (S)
REGULAR CITY COMMISSION 3
AGENDA - February 15, 2000
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MINUTES
ADOPTING THE "ACTION SUMMARY" MINUTES FORMAT; PROVIDING
AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING SUSAN
REDDING AND JOHN EDWARD SMITH TO SERVE ON THE ZONING
TASK FORCE; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GENERAL
(NON- UNION) EMPLOYEE FINANCIAL ADJUSTMENT FOR FY
1999/00, CONSISTING OF: (A) A 3.0% COST OF LIVING
ADJUSTMENT (COLA) EFFECTIVE OCTOBER 1, 1999; AND (B) A
ONE TIME .50% CASH PAYMENT; AND MAKING APPROPRIATE
CHANGES TO THE PAY PLAN.
3/5
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF
COLLECTIVE" BARGAINING AGREEMENT BETWEEN THE CITY OF
SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL- CIO LOCAL 3294; FOR THE
1999/00 AND 2000/01 FISCAL YEARS.
3/5
ORDINANCE (S) FIRST READING
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
RELATIONS BOARD;.AMENDING SECTION 2.26,6 OF THE CITY OF
SOUTH MIAMI CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE
(Mayor Robaina) 3/5
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
BOARD AMENDING SECTION 16-20(a) OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
21. 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
REGULAR CITY COMMISSION 4
AGENDA February 15, 2000
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.
3/5
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE WITH SPG PHASE ONE, LTD, FOR
CONSTRUCTION AND OPERATION OF MULTI -USE PARKING GARAGE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE.
4/5
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
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION ".
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION
AGENDA - February 15, 2000
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission
FROM: Charles D. Scurf
City Manager
INTRODUCTION
DATE: February 15, 2000
SUBJECT: Agenda Item # 4
Commission Meeting,
February 15, 2000
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH MC HARRY &
ASSOCIATES, INC. TO PROVIDE
CIVIL ENGINEERING SERVICES
AT A COST NOT TO EXCEED
$5,500.00.
The attached resolution seeks approval to allow the City Manager to enter into a contract with
MC Harry & Associates, Inc., (MC Harry) to provide civil engineering services for a drainage
project on Twin Lakes Drive. MC Harry is one of the three pre- approved engineering firms used
by the City for such work, per Resolution No. 30 -96 -9783.
BACKGROUND
Twin Lakes Drive (see attached location map) is within a residential neighborhood, and runs
parallel to a Miami -Dade County canal. A "positive" drainage system currently serves this street
(stormwater is conveyed by catch basins into underground culverts discharging into the canal).
However, this drainage system does not extend to every home along the street, leaving
stormwater to pond in front of several properties. In addition, because of the uneven grade of the
swales and "low" driveway approaches, stormwater will accumulate in the areas between the
drains. The net result is an inefficient drainage system, and a street which experiences
unacceptable amounts of standing water in the roadside swales.
Moreover, from an environmental viewpoint, the current drainage system is undesirable since it
provides no retention, no french drain disposal, and no pretreatment of the stormwater. Instead,
it is a direct conveyance system of untreated stormwater into the canal, a violation of current
stormwater disposal regulations.
/continued ...
Mayor and City Commission
Twin Lakes Drive Resolution
February 15, 2000
Page 2 of 2
The Federal Clean Water Act's National Pollutant Discharge Elimination System (NPDES)
requires that the City undertake proactive action toward achieving improved water quality in our
canals (etc.) to the maximum extent practicable. One means to achieve this goal is by retrofitting
positive drainage systems with proper retention and "pollution control" pretreatment features,
which is what is being proposed for this project. Therefore, the Twin Lakes Drive project will
not only address a stormwater accumulation problem in a residential area, but also demonstrate
to the EPA the City's commitment to the Clean Water Act.
Part I of this project involves developing design options and cost estimates based upon the site
specific topography and subsurface soil conditions. The lump sum fee proposal from MC Harry
for this service is $5,500.00.
Lastly, it should be noted that this is the last of the four drainage project covered under the
$115,000.00 appropriation from the 1998 State legislature. The other three projects funded by
that appropriation were the 57th Court Project, the "Lake Taco Bell" project, and the ongoing 74th
Street /59th Avenue "traffic calming" project.
The total expenditure would not exceed $5,500.00, and the disbursement would come from a
special account set -up for the $115, 000.00 appropriation, the "Escrow P Financial Assistance
Grant' , account number 111 - 0000 - 219 -1810. Deducting reimbursements already provided by
the State, $53,575.25 remains from the original appropriation.
CONCLUSIONS
The Twin Lakes Drive Project shall address long- standing citizen complaints concerning the
accumulation of stormwater along the edge of this street's pavement. And just as important, the
Twin Lakes Drive Project represents the first time the City will undertake a "pollution control"
retrofit of a positive drainage system. Inasmuch, this will be an important milestone in the City's
ongoing commitment toward environmental preservation.
Approval of this resolution is therefore recommended.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, CONCERNING CONTRACTS, RELATING
TO STORMWATER DRAINAGE, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH MC HARRY & ASSOCIATES,
INC., TO PERFORM CIVIL ENGINEERING
SERVICES FOR THE TWIN LAKES PROJECT
(PHASE I) AT A COST NOT TO EXCEED $5,500.00,
AND CHARGING THE DISBURSEMENT TO
"ESCROW PUBLIC WORKS FINANCIAL
ASSISTANCE GRANT" ACCOUNT NO. 111 -0000-
219- 1810.
WHEREAS, the City Commission and City Administration have resolved to address
stormwater drainage and stormwater treatment environmental goals throughout the City, and;
WHEREAS, the 6000 and 6100 block of Twin Lakes Drive is a residential area within
the City with very poor drainage, and;
WHEREAS, M.C. Harry & Associates, Inc. is one of the three pre - selected engineering
firms approved by the City Commission to perform engineering services for the City, per
Resolution No. 30 -96 -9783.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a contract with MC
Harry & Associates, Inc., at a cost not to exceed $5,500.00 for Phase I.
Section 2. This resolution shall become effective immediately after adoption.
PASSED AND ADOPTED this 15th day of February 2000.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
FEB. 9.2000 11:50RM MC HARRY ASSOC NG.421 P.1/1
MCHAHHYASSOCIATES
February $, 2000
David K. Goodin W
Pyblic Works Department I
City of South Miami "'
4795 SW 751h Avenue irl
South Miami, Florida 33165 0
M
U5
Re. Twin Lakes Drive
Drainage improvements Project - Part 1 W
Pee Proposal
0
0
Dear David:
MCHarry Associates, in collaboration with our civil engineer, Klmley -Horn, is pleased to submit thin lump
sum proposal in the amount of $5,500 for your review and approval. This proposal addr6sses
professional services related to the drainage system improvements referenced above. Part 1 scope of
A/E services are identified below, Part 2 scope of services, to be authorized separately, will include
construction plans, and DERM permitting. Please refer to the attached KHA proposal for a detailed
description of tasks and services.
Task 1 - Site Visit and Project Review....... ....................... ................$5500
The consultant will visit the site to review existing conditions, and identify constraints
which will limit possible options for drainage Improvement and/or impact the permitting
process. The A/1= will conduct a 'workshop° with the city to discuss preliminary options
which best serve the city's interests. A maximum of two options will be documented in
schematic drawing form accompanied with opinions of probable construction cost.
The City will provide all necessary survey, utility, and geotechnical data required to properly design and
document the project.
Please acknowledge City review and acceptance of this proposal by signing one of the two original
copies of this document. Keep one for your files and return the other to MCHarry and Associates.
Thank you for the opportunity to serve the City of South Miami.
Sincerely,
M C. Harry & As dates, Inc. City of South Miami
Charles Scu City Manager
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02/03/00 THU 17:11 FAX 19547392247
KIMLEY HORN
ifl 001
C
®❑ KimleyHorn
® and Associates, Inc.
February 3, 2000
suite 157
5100 N W. 33rd Avenue
FEB 8 281 ft Lauderdale, Florida
E
33309
Mr. Thomas Carlson, AIA
Principal
LIVED
;
MC HARRY ASSOCIATES
MCHIA
2780 S.W. Douglas Road
Miami, Florida 33133
Be. City of South Miami
Scope of Services for Twin Lakes .Drive Drainage Project
Dear Tom:
Kimley -Hom and Associates, Inc. is pleased to submit this proposal for
providing engineering services associated with modifying an existing drainage
system for the above referenced residential neighborhood. The intent of the
project is to provide a level of stormwater treatment for the existing positive
drainage system. The services will include reviewing the existing stormwater
system, preparing construction plans for proposed modifications, and submitting
permit applications to DERM for review. As directed by the City of South
Miami, the project does not require contract documents and the City will provide
the necessary survey data, utility data, and geotechnieal data for the project
designs
SCOPE OF SERVICES
Task I — Site Visit/Proiect Review
The ENGINEER will visit the project site to review the existing project
conditions and develop preliminary project options. The site observations are
necessary to identify potential limitations and conflicts for installation of the
proposed drainage modifications and other constraints that may impact
permitting. This scope does not include preparation of legal descriptions and
sketches for obtaining utility easements within the project area.
The ENGINEER will review the survey, utility, and geotechnical data provided
by the City to further develop the preliminary project options. The survey and
utility data must be provided in AutoCAD 14 format and contain a topographic
base map of the project area, complete information of the existing utilities such
as stormwater, water, and sanitary sewer systems (including pipe sizes and invert
■
TEL 954 739 2233
FAX 954 739 2247
02/03/00 THU 17:11 FAX 19547392247 KI31LEY HORN 16002
CCI1
Kimley -Horn
and Associates, Inc.
Mr. Thomas Carlson, February 3, 2000, Page 2
elevations where applicable), and a point file with the topography symbology.
The survey \utility information will be used to develop the project base maps.
The geotechnical data must contain the necessary soils and percolation data
required for drainage calculations.
Based on review of the above information, the ENGINEER will meet with the
City to discuss up to two (2) preliminary drainage design options. The proposed
improvements will be schematic drawings, and opinions of probable
construction cost will be provided for both option. Upon selection and approval
of a preliminary design option by the City, the ENGINEER will proceed with
construction plan development, and attend one pre - application meeting with
DERM to discuss the preliminary design. During construction plan
development, any modifications to the approved preliminary design will be
considered additional services.
Task II — Construction Plans
The final Construction Plans will be prepared for reproduction at half size sheets
(11" x 17 ") to take advantage of the ease and quality of reproduction as well as
being a, more convenient format for use in the field during construction.
The plans shall contain the following information:
1. A cover sheet will be prepared containing project identification
information, a vicinity map, index of sheets and other information as may
be appropriate.
2. Horizontal alignments and geometric improvements will be detailed on the
topographic base mapping.
3. Plan /profile sheets will not be provided, but vertical data, construction
notes, and construction details for the proposed drainage improvements will
be detailed on the plan sheets.
4. Existing utility information from Task I - Site Visit /Project Review will be
detailed as needed for project clarification.
5. Technical specifications will be provided for primary project elements that
are not addressed in the Standard FDOT technical specifications. The
FDOT technical specifications will be the referenced standard for project
construction.
A2/03/00 THU 17:11 FAX 19547392247 RIMLEY HORN tO 003
Kimley -Horn
® and Associates, Inc.
Mr. Thomas Carlson, Febnwy 3.2000, Page 3
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/15/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/15/00
City Manager Extended Medical Leave Pay
RE UEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE;
GRANTING MR. DAVID WALKER ADDITIONAL LEAVE WITH PAY;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Commissioner Horace G. Feliu
authorizes the City Manager to pay extended medical leave without any
reductions to David Walker, an employee with the City's Code Enforcement
Department.
David Walker is recuperating from a serious illness and has exhausted his
accumulated annual and sick leave. This resolution would provide an
additional 90 days of extended leave, commencing upon the exhaustion of
donated medical leave, and terminating when Mr. Walker is medically cleared
to return to work.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
EXTENDED MEDICAL LEAVE; GRANTING MR. DAVID
WALKER ADDITIONAL LEAVE WITH PAY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mr. David Walker, a long -time employee of the City's Code
Enforcement Department, is recuperating from a serious illness and has exhausted
his accumulated annual and medical leave time; and,
WHEREAS, City of South Miami employees have graciously donated
medical leave time so that David Walker can continue to receive a paycheck; and,
WHEREAS, the Mayor and City Commission desire to authorize the City
Manager to extend medical leave time and other benefits to Mr. Walker for a fixed
period of time, commencing upon the exhaustion of the donated medical leave, in
order to assist Mr. Walker until he is able to return to work.
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 extend medical leave time
and other benefits to Mr. Walker for a period of time up to 90 days, commencing
upon the exhaustion of donated medical leave, and terminating when Mr. Walker
is medically cleared to return to work.
Additions shown by underlining and deletions shown by ever.
Al
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Section 2. This medical leave resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 15th day of February, 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\ \Dell_6100 \Documents \City of South Miami \0022 - 001 \2430.doc
Page 2 of 2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and Commission DATE: February 15, 2000 Af
FROM: Charles D. Scurr SUBJECT: Agenda Item #
City Manager Commission Meeting,
February 15, 2000
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH THE
FLORIDA DEPARTMENT OF
ENVIRONMENTAL
PROTECTION TO ACCEPT A
$340,000.00 GRANT.
INTRODUCTION
The attached resolution seeks approval to allow the City Manager to enter into a contract with
the Florida Department of Environmental Protection (FDEP) to accept a $340,000.00 grant to
perform certain stormwater drainage improvements.
BACKGROUND
As you know, the City of South Miami was granted an appropriation of $340,000.00 by the State
of Florida during their last legislative session. This appropriation was to be used exclusively for
stormwater drainage improvements.
FDEP is overseeing the disbursement of the appropriation, and has developed the attached
Contract Agreement 4SP551 for this purpose. In effect, FDEP is contracting the City of South
Miami to perform the specified drainage projects, and will reimburse the City for the project
costs. Consequently, the City will not receive a "lump sum" payment, but submit periodic
reimbursement requests after completing each project.
The contract period begins upon execution of the attached contract, and ends on June 30, 2002.
The six separate projects are specified in the attached contract. Completing these projects during
the contract period represents an exceptionally aggressive project schedule for the Public Works
Department since it typically takes 4 -6 months to complete each project (from initial concept, to
commission approval, engineering design, permitting, contractor selection, construction, and
restoration). Notwithstanding, barring a serious design or permitting complication, the City
should be able to complete these project during that time.
/continued ...
Mayor and City Commission
$340,000.00 FDEP Grant Contract
February 15, 2000
Page 2 of 2
CONCLUSION
The drainage projects outlined in the contract represent opportunities, not only to resolve long-
standing drainage problems, but also to improve the aesthetics of public property and roadways.
For example, the first project on the list is the canal '',culvert crossing at SW 62nd Avenue. In
conjunction with the drainage improvements, architectural "entryway features" (e.g., native
limestone block walls and arches, complete with landscaping improvements) are to be designed
and installed for this highly visible avenue into the City. Other projects include a complete
rework of the City Hall municipal complex parking lot, parking improvements in the Bird Road
area, and redesigning the Snapper Creek Canal access easements for both drainage and aesthetics
concerns.
The FDEP grant will provide the fiscal means to implement such long- awaited goals. Approval
of the attached resolution is therefore recommended.
Attachment:
Contract SP551 and associated documentation
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO A STORMWATER
6 IMPROVEMENTS GRANT, CONCERNING
7 CONTRACTS, AUTHORIZING THE CITY
8 MANAGER TO ENTER INTO A CONTRACT WITH
9 THE FLORIDA DEPARTMENT OF
10 ENVIRONMENTAL PROTECTION TO ACCEPT A
11 $340,000.00 GRANT FOR STORMWATER
12 DRAINAGE IMPROVEMENTS.
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WHEREAS, the City of South Miami was awarded a 1999 State Appropriation in the
amount of $340,000.00 to be used for certain stormwater drainage improvements projects, and;
WHEREAS, the Florida Department of Environmental Protection (FDEP) is overseeing
the State Appropriation, and has developed contract agreement #SP551 for the disbursement of
the funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager and the City Attorney is hereby authorized to sign the
FDEP Contract Agreement #SP551.
Section 3. This resolution shall become effective immediately after adoption.
PASSED AND ADOPTED this 15th day of February 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Jeb Bush
Governor
January 31, 2000
Department of
Environmental Protection
Mr. David Goodin
4795 S.W. 75th Avenue
Miami, Florida 33155
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
Re: Contract SP551 — South Miami
South Miami Stormwater Management System Improvements
Dear Mr. Goodin:
David B. Struhs
Secretary
Enclosed are two originals of the above - referenced contract. Please have the City Manger sign both
originals as the City's authorized representative. Keep one original for your use and return one signed
original to me. Please note the project schedule and deliverables.
Also enclosed are a disbursement request form, an engineering certification form, and an authorized
representative certification form. Please use copies of these forms for disbursement requests. The funds
will be available upon the City Manager's execution of the contract.
If you have any questions, please call Bhupendra Vora, the Department's Project Manager, at
(850) 488 -8163.
Sincerely,
r�
Ikon Berryhill, PIE., Chief
Bureau of Water Facilities Funding
DWB /Gfs
Enclosures
cc: Charles D. Scurr — South Miami
Hakeem Oshikoya — South Miami
Mike Bechtold - DEP /West Palm Beach
"More Protection, Less Process"
Printed on recycled paper.
The City of South Miami
SCOPE OF WORK
Stormwater Management System Improvements
Section 1: Description of Work
Design and construct stormwater system improvements at:
1) SW 62nd Avenue Canal Culvert Crossing Refurbishment
The City's canals are an integral part of our storm sewer conveyance system.
The underground culvert at SW 62 Avenue connects two canal segments. The culvert is
being damaged by tree roots, and furthermore stormwater sheetflow from the streets
enters the canal system directly and untreated.
The refurbishment project shall include proper roadside stormwater drainage systems
for SW 62nd Avenue, removal of all noxious / detrimental tree species, repairs to the
underground culvert as required, and full restoration of the culvert crossing area including
landscaping and access fence improvements.
2) SW 41st Street Pavinq & Drainage Project
The roadside swale located between Red Road & SW 58th Avenue exists as an
unpaved parking area without adequate drainage systems. This project shall include
the installation of proper drainage systems and paving.
3) 57th Court Parts III and IV
This project would be the extension of previous drainage projects unrelated to this FDEP
Grant application.
Both SW 74th Street and SW 74th Terrace east of 57th Court have inadequate drainage
system, and experience severe ponding during storms. Both sites are in the City's
downtown commercial district. This project shall include the installation of proper
drainage systems, new paving, curb / gutter, sidewalk, and landscaping improvements.
4) City Hall Access Road & Parking Area Improvements
The municipal complex that includes the Police Department and most of the City's
departmental functions has an access road and parking areas that are prone to ponding.
This project would include installing proper drainage systems and repaving to
ensure proper sheetflow to the drains.
5) Snapper Creek Outfalls
Three outfalls discharge untreated stormwater directly into the Snapper Creek Canal.
Furthermore, the residential streets in the immediate area experience unacceptable
ponding during storms. This project would include the installation of proper drainage
systems including proper pollution control features per EPA requirements.
6) Downtown Drainage Improvements
Localized drainage problems exist throughout the downtown district, including at
SW 73rd Street & 58th Avenue. This project would include installing proper drainage
systems in these poorly drained areas.
Page 1 of 2
Exhibit II
DEP AGREEMENT NO. SP551
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1241A OF THE 1999 - 2000 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(hereinafter referred to as the "Department ") and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Boulevard,
South Miami, Florida 33143 (hereinafter referred to as "Grantee "), a unit of local government, to provide stormwater
management system improvements.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as
follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached
hereto and incorporated by reference. For purposes of -this Agreement, the terms "Contract" and "Agreement" and
the terms "Grantee" and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than June 30, 2002, inclusive. In
accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for
services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall
pay the Grantee on a cost reimbursement basis in an amount not to exceed $340,000. If the Grantee fords, after
receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current
estimated amount, the parties hereto agree to modify the Scope of Services described in Attachment A to provide
for the services that can be accomplished for the funding identified above or identify the additional funding to be
provided by the Grantee for completion of the work originally envisioned. The Grantee shall be reimbursed on a
cost reimbursement basis in accordance with Comptroller Contract Payment Requirements, attached hereto and
made a part hereof as Attachment B. All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes. Five percent (5 %) of the total Contract amount
($17,000) will be retained until all deliverables have been accepted by the Department.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
5. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work
performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. Quarterly reports shall be submitted to the Department's Project Manager no later than twenty (20) days
following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that
the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December
31.
6. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days,
unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a
request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the
Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter
date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not
start until a proper and correct invoice has been received. Invoices which have to be returned to a grantee for
correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida
Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining
DEP Agreement No. SP551, Page 1 of 4
timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410 -9724 or
1- 800 - 848 -3792.
7. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as
established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is
not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the
goods and services. Interest payments of less than $1 will not be enforced unless a grantee requests payment. The
interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998 -99) dated
December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar
year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of
Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts
Section at 850/922 -5942.
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
9. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any
of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar
days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee in conjunction with this Agreement.
11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement
in accordance with generally accepted accounting principles consistently applied. The Department, the State, or
their authorized representatives shall have access to such records for audit purposes during the term of this
Agreement and for three years following Agreement completion. In the event any work is subcontracted, the
Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
12. In addition to the provisions contained in paragraph 11 above, the Grantee shall comply with the applicable
provisions contained in Attachment C. A revised copy of Attachment C, Exhibit-1, must be provided to the
Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall
summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with
the requirements of Attachment C. If the Grantee fails to receive a revised copy of Attachment C, Exhibit -1, the
Grantee shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated
information.
13. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written
consent of the Department's Project Manager. The Grantee agrees to be responsible for the f ilfilhnent of all work
elements included in any subcontract consented to by the Department and agrees to be responsible for the payment
of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not
be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the
convicted vendor list.
DEP Agreement No. SP551, Page 2 of 4
16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to
the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with
all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include
this provision in all subcontracts issued as a result of this Agreement.
17. The Department's Project Manager for this Agreement is identified below.
Bhupendra H. Vora, P.E.
Florida Department of Environmental Protection
Bureau of Water Facility Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
Phone: (850) 488 -8163
Fax: (850) 921 -2769
18. The Grantee's Project Manager for this Agreement is identified below.
David Goodin
4795 S.W. 75' Avenue
Miami, Florida 33155
Phone: (305) 663 -6350
Fax: (305) 668 -7208
19. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
20. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees
to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except
as specifically provided in this Agreement.
21. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
22. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased
under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as
Attachment D, and forward it along with the appropriate invoice to the Department's Project Manager. The
following terms shall apply:
A. The Grantee shall have use of the equipment for the authorized purposes of the contractual
arrangement as long as the required work is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
equipment in good operating condition.'
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by
the use of, non- expendable personal property or equipment purchased with state funds and held in his
possession for use in a contractual arrangement with the Department.
DEP Agreement No. SP551, Page 3 of 4
23. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal
amendment to this Agreement.
24. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided
herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF SOUTH MIAMI STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Title *: Director, Division of Water Resource
Management or designee
Date: Date: /- .2 %- U ,�
DEP Project Manager
DEP Contracts Administrator
Approved as to form and legality:
AKC-Iu,
Ikt Attorney
FEID No. 59- 6000431
*For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must
accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Services (1 Page)
Attachment B Comptroller Contract Pavment Requirements (1 Page
Attachment C Special Audit Requirements 00 Pages)
Attachment D Property Reporting Form 0 Page)
DEP Agreement No. SP551, Page 4 of 4
ATTACHMENT A
SCOPE OF SERVICES
South Miami Stormwater Management System Improvements
Description of Work
Design and construct improvements to the South Miami stormwater management facilities including all
engineering, surveying, permitting and construction required to correct drainage problems at SW 62nd Avenue,
SW 41st Street, 57th Court, City Hall Access Road and Parking Area, Snapper Creek, and the Downtown Area.
Estimated costs are:
1. Construction $275,000
2. Permitting $ 5,000
3. Engineering $ 60,000
TOTAL PROJECT ESTIMATE $340,000
Deliverables
1. Stormwater System Improvements Plans and Spec August 31, 2000
2. SFWMD Stormwater Permit August 31, 2000
3. Bid Documents June 1, 2000
4. Completion Report June 30, 2002
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP551, Attachment A, Page 1 of 1
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc,) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times -the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Agreement No. SP551, Attachment B, Page 1 of 1
ATTACHMENT C
Special Audit Requirements
The administration of funds awarded by the Department of Environmental Protection to the
recipient (which may be referred to as the "Contractor", "Grantee", or other name in the
contract /agreement) may be subject to audits and/or monitoring by the Department of
Environmental Protection, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised
(see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate
with any monitoring procedures /processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines
that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non -profit organization
as defined in OMB Circular A -133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year,
the recipient must have an audit conducted in accordance with the provisions of OMB
Circular A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded
through the Department of Environmental Protection by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal funds received from the Department of Environmental Protection.
The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A -133, as revised. The recipient is responsible for
the procurement of an independent auditor to conduct the audit required by this part. The
recipient is required to follow the auditor procurement standards specified in Section .305,
OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions of OMB Circular A -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill
the requirements relative to auditee responsibilities, financial statements, audit findings
follow -up, and report submission as provided in Sections .300, .310, .315, and .320 of OMB
Circular A -133, as revised. This includes, but is not limited to, preparation of financial
statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit
findings, and a corrective action plan.
DEP Agreement No. SP551, Attachment C, Page 1 of 10
3. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A -133, as
revised, the schedule of expenditures of Federal awards shall identify expenditures by
contract number for each contract with the Department of Environmental Protection in effect
during the audit period.
4. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not
required. In the event that the recipient expends less than $300,000 in Federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A -133, as revised, the cost of the audit must be paid from non - Federal and non -State
funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other
than Federal/State entities).
PART II: STATE GRANTS AND AIDS
1. This part is applicable if the recipient is a local government or a non - profit or for profit
organization as defined in Chapter 10.600, Rules of the Auditor General.
2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal
year, the recipient must have a limited scope audit conducted in accordance with Section
216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to
this Attachment indicates State grants and aids amounts awarded through the Department of
Environmental Protection by this agreement. In determining the grants and aids received in
its fiscal year, the recipient shall consider aggregate grants and aids received directly from
State agencies, including grants and aids funds received from the Department of
Environmental Protection.
The audit report must include an auditor's examination attestation report, management
assertion report (alternatively, management's assertion may be included in the management
representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to
this Attachment provide examples of these reports /schedule.
The auditor's examination attestation report must indicate whether management's assertion as
to compliance with the following requirements is fairly stated, in all material respects:
• activities allowed or unallowed
• allowable costs /cost principles
• matching (if applicable)
• reporting
3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its
fiscal year, the head of the recipient entity or organization must provide a written attestation,
under penalty of perjury, that the recipient has complied with the allowable cost provisions
(or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this
Attachment provides an example attestation document that should be used by the agency
head to attest to compliance with grants and aids provisions.
DEP Agreement No. SP551, Attachment C, Page 2 of 10
PART III: OTHER AUDIT REQUIREMENTS
(This part is reserved to specify any additional audit requirements imposed, if applicable, by the
State agency that are solely a matter of that State agency's policy (i.e., the audit is not required
by Federal or State laws and is not in conflict with other Federal or State audit requirements).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as
revised, and required by PART I of this Attachment shall be submitted, when required by
Section .320 (d), OMB Circular A -133, as revised, or when required by number 2 below, by
or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Bhupendra H. Vora, P.E.
Florida Department of Environmental Protection
Bureau of Water Facility Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399 -2400
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and
(f), OMB Circular A -133, as revised.
D. The State of Florida Auditor General at the following address:
Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302 -1735
DEP Agreement No. SP551, Attachment C, Page 3 of 10
2. Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised,
and any management letters issued by the auditor, to each of the following:
Bhupendra H. Vora, P.E.
Florida Department of Environmental Protection
Bureau of Water Facility Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399 -2400
Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302 -1735
3. Copies of reports required by PART II of this Attachment,: and management letters prepared
in conducting audits related to ,State grants and aids audits required by PART II of this
Attachment, shall be submitted by or on behalf of the recipient directly to each of the
following:
A. The Department of Environmental Protection at each of the following addresses:
Bhupendra H. Vora, P.E.
Florida Department of Environmental Protection
Bureau of Water Facility Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399 -2400
B. The Office of the Auditor General at the following address:
Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302 -1735
DEP Agreement No. SP551, Attachment C, Page 4 of 10
4. Copies of reports or management letters required by PART III of this Attachment shall be
submitted by or on behalf of the recipient directly to:
A. The Department of Environmental Protection at each of the following addresses:
Bhupendra H. Vora, P.E.
Florida Department of Environmental Protection
Bureau of Water Facility Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399 -2400
5. Any reports, management letters, attestations, or other information required to be submitted
to the Department of Environmental Protection pursuant to this agreement shall be submitted
within 180 days of the recipient's fiscal year end (or as otherwise allowed by Florida Statutes)
or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other
submissions should be timely in accordance with OMB Circular A -133 and/or Florida
Statutes, as applicable..
6. Recipients, when submitting audit reports to the Department of Environmental Protection for
audits done in accordance with OMB Circular A -133, should indicate the date that the
recipient received the audit report in correspondence accompanying the audit report.
PART V: RECORD RETENTION
The recipient shall ensure that audit working papers are made . available to the Department of
Environmental Protection, or its designee, upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP551, Attachment C, Page 5 of 10
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EXHIBIT 2
INDEPENDENT AUDITOR'S REPORT ON
EXAMINATION OF MANAGEMENT'S ASSERTION
ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS
(SAS Codification Section AT 500.55)
[Date]
Dear [Name]:
We have examined management's assertion' about [name of entity]'s compliance with the
allowable cost requirements [or other applicable requirements] established in the grant
agreement(s) applicable to the State grants and aids appropriations identified on Schedule of
State Financial Assistance for the year ended [indicate the applicable fiscal year] included in the
accompanying [title of management report].' Management is responsible for [name of entity]'s
compliance with those requirements. Our responsibility is to express an opinion on
management's assertion about the [name of entity]'s compliance based on our examination.
Our examination was made in accordance with attestation standards established by the American
Institute of Certified Public Accountants and, accordingly, included examining, on a test basis,
evidence about [name of entity]'s compliance with those requirements and performing such other
procedures as we considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a legal
determination on [name of entity]'s compliance with specified requirements.
In our opinion, management's assertion [identify management's assertion — for example, that
complied with the aforementioned requirements during the fiscal year ended
] is fairly stated, in all material respects.3 a
Sincerely,
Notes:
1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to
SAS Codification Sections AT 500.56 and .57.
2. The practitioner should identify the management assertion report examined by reference to the report title used
by management in its report. Further, he or she should use the same description of the compliance
requirements as management uses in its report.
3. The specific compliance requirements, and related criteria (if applicable), will be specified and/or referred to in
the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related
criteria (if applicable) in the practitioner's report.
4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT
500.61 through .68.
DEP Agreement No. SP551, Attachment C, Page 7 of 10
EXHIBIT — 3
MANAGEMENT ASSERTION REPORT
I, , hereby assert that,
(head of recipient entity) (recipient entity name)
complied with allowable cost requirements [or other applicable requirements] of the grants and
aids appropriations identified on the attached Schedule of State Financial Assistance during the
fiscal year ended
(month, day, year)
(signature)
(title)
(date)
If this assertion report is used, one copy shall be submitted after the recipient's fiscal year end to
each of the parties designated in the contracts /grants for the identified grants and aids
appropriations.
This statement does not need to be notarized.
DEP Agreement No. SP551, Attachment C, Page 8 of 10
EXHIBIT — 4
Sample Organization
Schedule of State Financial Assistance
For the year ended 9 /30/97
(1) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids
Appropriations moneys is $550,000.
(2) $390,000 of this amount is included in the expenditures presented in the Schedule of
Expenditures of Federal Awards. The remaining $20,000 was received under contract
number GC601 but was not expended.
NOTE A: Federal CFDA numbers apply only to Federal programs.
CAUTION: The purpose of this schedule is format illustration only. The contract or
grant numbers, CFDA numbers and program titles are not intended to
represent actual data.
DEP Agreement No. SP551, Attachment C, Page 9 of 10
State
Federal
Federal
State Agency
Contract/
CFDA
Through
And
Grant
Number
State
State
Total
Program Title
Number
Note A
Receipts
Receipts
Receipts
Department
of Health
Head Start
GH501
93.600
50,000(l)
50,000(l)
100,000
Women,
A13101
93.245
100,000(l)
150,000
250,000
Infant &
Children
Department
of Elder
Affairs
Community
GC501
Not
200,000(l)
0
200,000
Care for the
Applicable
Elderly
Community
GC601
93.003
0
150,000(l)
150,000
Care for the
Elderly
Elder Care
GC777
93.666
60,000
60,000
120,000
Total
410,000
410,000(2)
820,000
(1) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids
Appropriations moneys is $550,000.
(2) $390,000 of this amount is included in the expenditures presented in the Schedule of
Expenditures of Federal Awards. The remaining $20,000 was received under contract
number GC601 but was not expended.
NOTE A: Federal CFDA numbers apply only to Federal programs.
CAUTION: The purpose of this schedule is format illustration only. The contract or
grant numbers, CFDA numbers and program titles are not intended to
represent actual data.
DEP Agreement No. SP551, Attachment C, Page 9 of 10
EXHIBIT — 5
MANAGEMENT ATTESTATION STATEMENT
CONTRACT /GRANT NUMBER(S)_
I,
(head of recipient entity)
(recipient entity name)
hereby attest, under penalties of perjury, that,
complied with allowable cost requirements [or
other applicable requirements] of the grants and aids appropriations contracts /grants identified above
during the fiscal year ended
(month, day, year)
(signature)
(title)
(date)
One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of
the parties designated in the contracts /grants for the identified grants and aids appropriations.
This statement does not need to be notarized.
DEP Agreement No. SP551, Attachment C, Page 10 of 10
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M.
SOUTH MIAMI POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: Mayor and City
Commission
FROM: Charles Scurr
City Manager
REQUEST
Date: February 10, 2000
Re: Agenda Item #
Comm. Mtg. February 15, 2000
Purchase of Police Work Dog
Approval of the purchase of a police work dog from Metro -Dade K -9 Services for the amount
of $7,500.00 and necessary handling equipment for $1,000.00 for a total of $8,500.00.
BACKGROUND AND ANALYSIS
The Police Department is requesting to purchase a second police work dog. This dog will
increase the level of service the Police Department can provide to the citizens of South Miami.
The dog is a dual certified K -9, trained in police work and in narcotics detection. The Dog
can be used in officer safety situations, building searches, locating missing persons,
apprehension of fleeing felons, crowd control, and to assist other police agencies. The
narcotics training will allow the dog to be used in narcotics apprehensions, which can
ultimately lead to forfeiture of property. A Police Work Dog is always very popular as a
public relation tool for school and public demonstrations.
This police work dog and needed handling equipment can be purchased from Metro -Dade K-
9 Services under Miami -Dade County contract number 134293 -2.
Funding for this purchase will come from the Operating Equipment account 1910 -521 -6430.
There will be $68,700.00 left in this account after this expenditure.
RECOMMENDATION
Approval is recommended.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE
CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED
$8,500.00 TO METRO -DADE K -9 SERVICES FOR THE PURCHASE
OF ONE POLICE WORK DOG AND K -9 EQUIPMENT AND CHARGE
THE FUNDS TO ACCOUNT NUMBER 1910 -521 -6430, (OPERATING
EQUIPMENT).
WHEREAS, the Police Department is committed to provide the best possible police
service to the citizens of South Miami, a second police work dog and necessary dog handling
equipment is needed, and,
WHEREAS, the police work dog can be used for narcotics apprehensions, crowd control,
officer safety, missing persons, apprehension of fleeing felons, building searches and assisting
other agencies in emergency situations, and,
WHEREAS, the police work dog is an excellent public relations tool for school and
public demonstrations, and,
WHEREAS, Metro -Dade K -9 Services is a provider of police work dogs to numerous
police agencies under Miami -Dade County contract number IB4293 -2.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $8,500.00 to Metro -Dade K -9 Services from the Operating Equipment account 1910-
521 -6430.
Section 2. That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2000.
APPROVED:
MAYOR
M
K•9
1V POLICE DOG TRAINING
FULLY TRAINED DOGS PVH SALE
Metro -Dade K-9 ServiOWSONAL PROTECTION • SCHUTZHUND • KNPY
DUAL PURPOSE • PATROL • NARCOTICS
HOME • BUSINESS
Invoice
I DATE INVOICE #
17940 S.W. 168th Street . Miami, Florida 33187
(305) 378 -9035
1/1512000 20011207e
BILL TO
City of South Miami Police:De,64rtment
j
I clo Norma Waterman
`P.O. NO.
TERMS ! PROJECT
j
QUANTITY
DESCRIPTION
RATE I AMOUNT
I
!Police Service Dg Traned as per
7,500.00 ,
contract
Miami-Dade County Bad !
I
I
i
!Number.
w (
i
I
I
�
I
j
I
I
j
I
t
Total $7,500.00
17940 S.W. 168th Street . Miami, Florida 33187
(305) 378 -9035
09
O0 pOE K S F
v,
POLICE DOG TRAINING CENTER
FULLY TRAINED DOGS FOR SALE
PERSONAL PROTECTION a SCHUTZHUND ® KNPV
DUAL PURPOSE - PATROL * NARCO11CS
HMiE e BUSINESS
Sold To: South Miami Police Department
6130 Sunset Drive
Miami, Florida 33143
For: Male Belgian Malinois: "Narco" / Training Included: "Obedience, Agility
Criminal Apprehension and Narcotics.
Price: $7500.00 as per Metro-Dade Bid Number. _z 13 5 LA ?2 - �
Health and Trainability guarantee:
Health Guarantee:
All dogs are guaranteed to have good hips, free of heartworm and internal parasites
at the time of purchase. All K9 teeth are in good condition. The department has the
right to take the dog to a licensed veterinarian for a complete physical examination
within 4 business days. If the Department does not take the dog to a licensed
Veterinarian for a complete physical during specified time above; or the dog has
been taken to the Veterinarian and the Veterinarian has approved the canine through
a complete physical; Metro-Dade K-9 Services and/or Tony Guzman are released
from any and all warranties and liabilities regarding health. Metro-Dade K9 Services
must receive a letter from the Veterinarian stating the dog has passed it's complete
physical.
Traininp, Guarantee:
Canine is guaranteed to pass an FDLE certification or compatible State Certified
training academy; provided he starts within 60 days of purchase date.
Replacement Guarantee:
If your dog should fail to pass any of the above, he will be replaced with a dog of
equal value providing he is returned to Metro-Dade K-9 Services in the same state
of health and training as he was surrendered. Replacement dogs will be available
immediately if available or at the most 30 days unless otherwise agreed to by both
parties. (due to training,etc.) , after original canine has been returned to kennel facility.
There are no refunds.
I - -
1 940 S.\Y � (3,&T Street - MkIami, Florida 3313?
(305) 378-9035
"E K-9
SOA?k
o �c
POLICE DOG TRAINING CENTER
FULLY TRAINED DOGS FOR SALE
PEFCMgAL PROTECTION 4 SCHUTZHUNO « KNPV
DUAL PURPOSE - PATROL AR00110S
I'i ELjc-is,E F,
The purchaser and it's employees, handlers, etc. accept full responsibility for the care,
health, and well being of this animal while in their care for training, or any other motive.
It is the handler's responsibility to keep the canine's trainability in top shape before,
during and once he has completed the school.
The purchaser and it's employees, handler's, etc. have been advised that this animal may
bite, or cause damage to persons or property while in their care or during handler's
course, and that Tony Guzman, and or Metro -Dade K -9 Services are not to be held
responsible or liable for this animal or any damage it may cause while owned by them.
Purchaser and its employees, (handlers, etc.) Waive and release Metro -Dade
K -9 Services it's employees, officers, members, and agents from any and all liability of
any nature; for injury or damage sustained to purchaser and/or their canine while in or
out of training or thereafter; including any injury or damage resulting from actions of
other handlers or canines in or out of the training facility, etc. and assume the risk of such
damage or injury while attending any training session, or any other function of Metro -
Dade K -9 Services, or while on grounds of training facility, or any training function
pertaining to the above said purchaser.
The entire agreement between the parties is set out herein, and there have been no oral
representations that do not appear herein.This sale is final.
Seller /`/ / '444ea--t
Read and accepted by:
r -
(305) 378.9035
k0=0 1!i il* Al it 0
FROM: Charles Scurr
City Manager 1,0017
fo, �
Placencia Nursery, Inc. in the amount of $8,000.00.
U_ffiffiffl
A recent bid request (see attached Price Quotations) confirms the findings
stated in the preceding paragraphs.
The disbursement of $8,000.00 will be made from account Number 001-205(]
519-4625 "Landscape Maintenance-Landscape Improvements". Availabl
balance is $80,000.00. 1
WHEREAS, Article 111, Section 5, H, of the City Charter, requires bids be obtained for
purchases of items over $1,000.00; and
WHEREAS, Three bids were received from the following vendors:
Placencia Nursery $1,295.00
Rene's Landscaping $1,500.00
Amaro Nursery & Landscaping, Inc $1,999.50
WHEREAS, The use of open purchase orders helps to expedite the purchasing process,
which often involves delays associated with the solicitation of price quotes for purchases over
$200.00, and the administrative effort and paperwork required to obtain these quotes are
unnecessary given the consistent history or low bid pricing exhibited by many repeat vendors;
and
WHEREAS, The recent price quotations cited above confirm the fact that the vendor
listed in the attached resolution continues to offer the most competitive prices and a level of
quality and service with which the Parks and Recreation Department has been extremely
satisfied.
Section 1. That the City Manager, be, and is hereby authorized to disburse from
account number 001-2050-519-4625, "Landscape Maintenance-Landscape
Improvement" the sw-n of $8,000.00 and that an open purchase order be awarded to
Placencia Nursery.
Section 2 This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of February 2000
VISM-W
CITY CLERK MAYOR
•5
21 �
M—wia Nxur y CIP R—&,VVm-
w
City of South Miami NO.
6130 Sunset Drive, South Miami. Florida 33143
VENDOR: �IC�GFYIGICA \NJr.$eY �/
1�gai Sw•�aLsa'•M \Gw1, t=11A .33 \�3
REQUISITION
DATE !F<E'-b X a OOO
CONFIRMATION
(YES OR NO)
FOR Irarld SCu`p °L DEPARTMENT
DELIVER
TO 4'0'r
REQUIRED UpOrl GiQPpY-GVCt1
DELIVERY DATE
INFORMATION TO BE FURNISHED BY DEPARTMENT
FOR PURCHASING AGENT
ITEM
No'S
QUANTITY
DESCRIPTION AND SPECIFICATIONS
ACCOUNT
TO BE CHARGED
UNIT
PRICE
TOTAL COST
1
open ?Qrc yxAce oVrclsy- �or -I-rea c,,v a
ON
8P-0njz) .0.
I,a►\ndsccape v�naksr,ol
I,1
vPcri � � r � ce Cow►,pcwvl: sow , �
�} 1ateY�c�a vrSevy -b Y� -}�,e to w esi-
i�.�tc�
_
�encto%r
Cec,soY,S �0-r Vendor vS`G
co r<? L- G W CinV16
s ex c ellc�n'I"
2•"T'h;s ��r ha.5 ..vorKed �I��' we�1
i
w;-W) * ne- c; *-if aver
3. Vie/ are 16ccxt VEr\j Close i
-�a CL+j q Y1Ck 6, ,^ c e t" 0,,t e ov\ 1y
v5e(4 1�0r -6w)Wl yocc �r�al �vrc1 -,aSes
G1600. OC
PURCHASE
ORDER NO.
TERMS /DISCOUNT
I HEREBY CERTIFY THAT THE ABOVE MATERIAL. EWIP-
MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST
COOING OF ACCOUNTS APPROVED
PURCHASES AS ABOVE APPROVED AND ISSUANCE OF
PURCHASE ORDER AUTHORIZED.
AGAINST THE CODES CHARGED.
SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED
(EXCEPT AS OTHERWISE NOTED.)
HEAD OF OEPARTMpiT
FINANCE DEPARTMENT
CITY MANAGER
PLASENCIA NURSERY, INC.
11801 SW 72-STREET
MIAMI, ,V, WRIDA 33:183
I
CITY or so= Him
5130 OMIT MtM
SWU MI]IMI, n 33143
Quob Nutt:
101
cmft Oro:
Jan 31, 2000
plpe:
1
Gmiwow 1)
flood Um
PoNa t Twm
BEMs RW
CI659
3/1/00
Not 30 Days
Q W*
CIA
Dow""
fte
E!!�lNrM1
50.00
HISI9CUS 7 GAL
11.00
550.00
50.00
7 OL
12.00
600.00
50.00
HOOKA 3 GAIL
2.90
145.00
18295.00
Bros Ire
um
1,295.00
l
I
214334
n1aA V-e-
Pions: louvr �aa- ......
r.
DATE
t-31- ceo
NAME
1
D
So v- h t ,aen l
ADDRESS
. 5
u1
7S 14 vC
>r� FL ✓�
CITY, STATE, ZIP
3 3 t sS
ORDER NO.
SOLD BY
c
CASH
C.O.D.
CHARGE
ON ACCT.
MDSE. RETD.
I PAID OUT
QUAN. -
DESCRIPTION,
PRICE
AMOUNT
1
6
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o
2
U (,�'
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3
Q, o
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6
Q
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13
Y
t
ONE'S DSCAPING INC.
Mailing Address:
5840 S.W. 127 Ave. 5840 S.W. 125 Ave.
Miami, Fl 33183 warm. FL 33183
TAX
TOTAL
1 500E oa
Pions: louvr �aa- ......
r.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1/25/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/1/00
City Manager a Code Enforcement Board
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
ENFORCEMENT BOARD; APPOINTING KENNETH FELDMAN TO
SERVE FOR AN UNEXPIRED TERM ENDING APRIL 20, 2002 OR
UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina appoints Kenneth
Feldman to the Code Enforcement Board to fill an unexpired term vacated by
the resignation of Dan McCrea. This term will expire April 20, 2002 or until a
successor is appointed and duly qualified.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING KENNETH FELDMAN TO
SERVE FOR AN UNEXPIRED TERM ENDING APRIL 20, 2001 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
recognize the important contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of the active boards and
committees; and,
WHEREAS, the Mayor and City Commission desire to appoint Kenneth Feldman
to serve for an unexpired term on the Code Enforcement Board. This appointment shall
expire April 20, 2001 or until a successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Commissioner hereby appoints Kenneth Feldman to the
Code Enforcement Board.
Section 2. The expiration date of this appointment shall expire April 20, 2001
or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
�• s
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by everstriking.
my
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
1. Name
2. HomeAddress
3. Business
Ph (305) 663 -6340
Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
N,u a� AV
(please print)
4. Business Address
5. Home Phone d �� l °% J4Business Phone J
6. Educational Background���
e
7. Community Services
o tv
n-7
f� C
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes Nod
C1 q1tj Signature Date-
RESUMES t' -z
RESUMES V= REMAIN ON FILE FOR ONE YEAR
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11 /00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/15/00
City Manager Community Relations Board
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATIONS BOARD; APPOINTING BROCK CHESTER TO SERVE
FOR A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR UNTIL
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City Commission by Ordinance No. 11 -98 -1659 re- established the
Community Relations Board [CRB] and broadened its duties to include fostering
mutual understanding, tolerance and respect among all economic, social,
religious, sexual orientation, people with special needs, age and ethnic groups
in the City. Brock Chester has expressed a desire to serve his community by
serving on this Board. Mayor Robaina sponsored this resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATIONS BOARD; APPOINTING BROCK CHESTER TO SERVE FOR
A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR UNTIL
SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees; and
WHEREAS, Ordinance No. 11 -98 -1659 re- established the
Community Relations Board [CRB] and broadened its duties to
include fostering mutual understanding, tolerance and respect
among all economic, social, religious, sexual orientation, people
with special needs, age and ethnic groups in the City; and
WHEREAS, the city Commission desires to appoint individuals
who have expressed an interest and have demonstrated a leadership
role in their own groups.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Brock
Chester to serve on the Community Relations Board.
Section 2. The expiration date of this appointment shall
expire February 15, 2002 or until a successor is duly appointed
and qualified.
Section 3. 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
, 2000.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
v
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 j Fax No. 305- 663 -6348
1. Name: _? r O A
C Please print) I
2. Home Address: Co i � e J -. �,;
` � S j
3. Business Address: fn 0
4. Home Phone Nc �� I "` � 1 4' Business Phone No�''
5. l- ducation.Back rougd.
6.
Community Service:
1 t��
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes i No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
Anglo American_ African American' Hispanic American_ Other
Signature) ' ✓�. ts - Date
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 112000
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1/25/00
Cum AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/1/00
City Manager jojo Code Enforcement Board
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
ENFORCEMENT BOARD; APPOINTING ROSEMARIE WILSON TO
SERVE FOR A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR
UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina appoints Rosemarie
Wilson to the Code Enforcement Board. This term will expire February 15, 2002
or until a successor is appointed and duly qualified.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING ROSEMARIE WILSON TO
SERVE FOR A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
recognize the important contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of the active boards and
committees; and,
WHEREAS, the Mayor and City Commission desire to appoint Rosemarie Wilson
to serve for a two year term on the Code Enforcement Board. This appointment shall
expire February 15, 2002 or until a successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Commissioner hereby appoints Rosemarie Wilson to the
Code Enforcement Board.
Section 2. The expiration date of this appointment shall expire February 15,
2002 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2000.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by everstr-iking.
v
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1 Name:
(Please.print
2. Home Address: r �=
3. Business Address:
4. Home Phone No.
�Ck, -
C;-+ 4 co _
Business Phone No.
'a
5 Frinrotinn Tlorlrrrrnnnri-
6. Community Service:
8. Are you a registered voter? Yes X No
9. Are you a resident of the City? Yes ,f No
10. Do you have a business in the City? Yes No X
11. Ethnic Origin?
Anglo American-- African American _ Hispanic American_ Other
Signature -V -,-, � v ":� / V� Date
Revised 112000
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11/00 Am
Pw
AGENDA ITEM # /d
FROM: Charles D. Scurr fa-07 Comm. Mtg. 2/15100
City Manager ai Conflict of Interest
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONFLICT OF
INTEREST; WAIVING THE PROHIBITION OF CITY OF SOUTH MIAMI
CODE SECTION 8A -1(c ), PROHIBITION ON TRANSACTING
BUSINESS WITH THE CITY, IN THE APPOINTMENT OF SUSAN
REDDING TO THE CITY'S ZONING TASK FORCE; PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
Susan Redding has been nominated for appointment to the City of South Miami
Zoning Task Force. She currently acts as the City's broker of record in
purchasing certain insurance coverage. Section 8A -1(c ) of the City of South
Miami Code of Ordinances prohibits advisory personnel from transacting
business with the City unless the conflict of interest is waived by the City
Commission.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONFLICT OF INTEREST; WAIVING THE PROHIBITION OF
CITY OF SOUTH MIAMI CODE SECTION 8A-I(c),
PROHIBITION ON' 'rRANSACTING BUSINESS WrrH THE
CITY, IN THE APPOINTMENT OF SUSAN REDDING TO THE
CITY'S ZONING TASK FORCE; PROVIDING AN EFFECTIVE
DATE,
WHEREAS, Susan Redding has been nominated for appointilient to the
City of South Miami Zoning,rask Force,, and,
WI IERE AS, Ms. Redding currently acts as the City's broker of record in
procuring certain insurance coverage; and,
. WHEREAS, Section 8A-1(c) of the City of South Miarni Code of
Ordinances prohibits advisory personnel from transacting business with the City
unless the cotiflict of interest is waived. by the City Conu-nission; and,
WHEREAS, the Mayor and City Commission find that; 1) the broker of
record services provided by Ms. Rcdding are unique; 2) the City cannot avail itself
to the services without violating tile conflict of interest prohibition without
waiving its requirements; 3) service on the Zoning Task Force will not place Ms.
Redding in a position to grin financial benefits from the City in connection with
her services as its broker of record; and 4) the waiver will be in the best interest of
the City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The Whereas clauses are incorporated into and made a part of
this resolution.
Section 2. The Mayor and City Commission waive the conflict of
interest prohibition in connection with the appointment of Ms. Redding to the
Zoning Task Force.
Additions shown by underlinin and deletions shown by
1
Section 3. This waiver of cori l ict of interest resolution shall take effect
2
immediately upon approval.
4
PASSEL) AND ADOPTED O is 15'h day
of February 2000.
J
6
ATTEST:
APPROVED:
9
CITY CLERK
MAYOR
10
11
12
COMMISSION VOTE:
13
READ AND APPROVED AS TO FORM:
Mayon Robaina:
14
Vice Mayor Feliu:
15
Commissioner Wiscomb:
16
CITY ATT ORNEY
Commissioner
s sioner fiethel:
17
Commissioner Russell:
1$
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Waiver of vonflict of intcrestiMs. Redding;
CITY OF SOUTH MIAMI
v INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 11, 2000
From: Charles D. Scurr Agenda Item # —13,
City Manager Comm.Mtg.2 /15/00
Special Use Approval
5820 Bird Rd.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(21) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE AN ANIMAL HOSPITAL IN THE " GR " GENERAL
RETAIL ZONING DISTRICT SPECIFICALLY AT 5820 BIRD ROAD
APPLICANT'S PROPOSAL
Pursuant to Land Development Code (LDC) Section 20- 3.4(B)(21), the applicant is
seeking a Special Use Approval in order to operate an animal hospital at 5820 SW 40
Street. The structure has been vacant for over two years and is a "legal nonconforming"
structure due to the front and side setbacks. The previous use at this location was a
restaurant. The 2,420 square foot building is located in the General Retail (GR) zoning
district fronting Bird Road in the northern-most portion of the City. The subject property
is bordered by Bird Road on the north, other GR properties on both sides, and single-
family homes on the south. An animal hospital is permitted in the GR zoning district as a
special use.
SPECIAL CONDITIONS APPLICABLE
The LDC provides that special uses must be approved by the City Commission after a
public hearing and receipt of a recommendation from the Planning Board. The overall
purpose is to determine the compatibility of the proposed use with the surrounding
neighborhood. In addition, special uses may also be required to comply with the
additional requirements, which are set forth in Section 20- 3.4(B). In the case of an
animal hospital the following supplemental requirements are listed:
5820 Bird Road
Special Use Approval
Page 2
(a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof
structure.
(b) There shall be no overnight boarding of animals except for medical purposes.
(c) The hours of operation for visits and treatment will be 7:00 A.M. to 9:00 P.M.,
Monday, through Saturday; hours of operation shall not prevent emergency
medical treatment.
ANALYSIS
The applicant proposes to operate a Veterinary Emergency and Trauma Center at this
location. The facility will not contain any overnight boarding, except for medical
purposes and is fully enclosed, air - conditioned and soundproofed. The hours of operation
for visits and treatment are limited to between the hours of 7:00 a.m. to 9:00 p.m.
Monday through Saturday.
The applicant does not propose any changes that will increase the structure's
nonconformity. Pursuant to South Miami Land Development Code Section 20 -4.8 (B),
the structure may continue to be used for any permitted use.
As shown in the attached plans, the applicant proposes to remodel the interior of the
building. In order to increase the conformity of the use and the site with the LDC, the
applicant must add additional landscaping to bring landscaping up to code and construct a
CBS wall on the south property line to provide adequate buffer between residential and
commercial properties.
The current proposal will enhance the property. The proposed use will have less adverse
impact on the surrounding area than the previous restaurant uses that maintained late
hours. The Special Use Approval request complies with all the conditions outlined in
LDC Section 20 -3.4 and the proposed use meets the conditional requirements set forth in
Section 20 -5.8 in that the use:
1) Will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed use;
2) Will not be detrimental to the public welfare or property or improvements in
the neighborhood; and
3) Complies with all other applicable Code provisions.
The requested Special Use approval does not conflict with the adopted Comprehensive
Plan of the City of South Miami.
PLANNING BOARD ACTION
The subject application was presented to the Planning Board at its January 25, 2000
meeting At that time the Board adopted a motion (6 -0) recommending approval of the
application subject to two conditions as set forth by staff.
5820 Bird Road
Special Use Approval
Page 3
RECOMMENDATION
APPROVAL subject to the following conditions:
1) final plans show additional landscaping to comply with the landscape code
requirements, and
2) a six (6) feet high masonry wall be constructed along the south property line as a
buffer between the residential and commercial uses.
Attachments:
Proposed draft resolution
Letter of intent/ application
Property survey
Site and floor plans
Copies of Public notices
Planning Board Minutes 1/25/00
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
6 20- 3.4(B)(21) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
7 APPROVAL TO LOCATE AN ANIMAL HOSPITAL IN THE " GR " GENERAL
8 RETAIL ZONING DISTRICT SPECIFICALLY AT 5820 BIRD ROAD
9
10
11 WHEREAS, F.W. Zeke Guilford Esq., on behalf of Ed Marion, property
12 owner of 5820 Bird Rd. submitted an application for a special use to allow an animal
13 hospital to be located in a GR, General Retail zoning district specifically at 5820
14 Bird Rd.; and
15
16 WHEREAS, an animal hospital is allowed as a special use in a GR, General
17 Retail Zoning District subject to meeting certain conditions specified in the Land
18 Development Code Section 20- 3.4(B)(21);and
19
20 WHEREAS. The approval of a special use requires a recommendation from
21 the Planning Board and the approval of the City Commission after a public hearing;
22 and
23
24 WHEREAS, The Planning and Zoning Department staff recommended
25 approval of the proposed special use with the following two conditions: 1) that final
26 plans show additional landscaping to comply with the landscape code requirements,
27 and 2) a six (6) ft. high masonry wall be constructed along, the south property line as
28 a buffer between the residential and commercial uses; and
29
30 WHEREAS, staff recommendation dated January 20, 2000 is made part of
31 this resolution; and
32
33 WHEREAS, on January 25, 2000, the Planning Board voted 7:0 to
34 recommend approval with conditions of the special use request; and,
35
36 WHEREAS, the Mayor and City Commission of the City of South Miami
37 desire to accept the recommendation of the Planning Board.
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
41
42 Section 1: That a'special use is approved for locating an animal hospital at 5820
43 Bird Rd. subject to the following conditions
45 (a) Final plans show additional landscaping to comply with the landscape
46 code requirements, and
47 (b) A six (6) ft high masonry wall be constructed along the south property line
48 as a buffer between the residential and commercial uses.
49
50 Section 2: This resolution shall take effect immediately upon approval
51
52 PASSED AND ADOPTED this day of , 2000.
53
54
55 ATTEST: APPROVED:
56
57
58 CITY CLERK MAYOR.
59
60
61 READ AND APPROVED AS TO FORM:
62
63
64
65 CITY ATTORNEY
& 280ciales,
AllorT eye of fQI w
!r 2222 PONCE DE LEON BOULEVARD
F.W. MORT GUILFORD PENTHOUSE SUITE
ZEKE GUILFORD
CORAL GABLES, FLORIDA 33134
'_TEL. (305) 446 -8411
September 20, 1999 FAX (305) 445 -0563
Mr. John Little
Principal Planner
Planning and Zoning
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: Application for a Special Use to Allow an Animal Hospital in a
GR Zoning District - Property Located at 5820 Bird Road
Dear Mr. Little:
This firm represents the Veterinary Emergency and Trauma Center, an animal hospital,
relative to an application for a special use to allow an animal hospital in a GR zoning district.
The owner of the above - referenced property desires to establish an animal hospital
located at 5820 Bird Road. The property itself is located between a small tenant retail building
and a free - standing Kentucky Fried Chicken Restaurant; with the remainder of block fronting
Bird Road occupied by a Bank.
The operation to be located at this site will contain no outdoor or long -term animal
boarding. The owner has agreed to place a wall at the rear of the property as a buffer for the
abutting properties. This use will not create any additional traffic on adjacent residential
street, as it is located on Bird Road, a major thoroughfare.
Furthermore, it is our opinion that this is a better use than some of the previous uses of
this property. You may recall that some year past, this property was a Lum's Restaurant
which served alcohol and maintained late evening hours and was recently a delivery restaurant.
Mr. John Little
September 20, 1999
Page 2
We would kindly request your favorable recommendation of this application and if you
have any questions, please do not hesitate to contact me.
Very sincerely,
GUILFORD & ASSOCIATES, P.A.
F.W. Zeke Guilford, Esq.
FWZG /mc -f
Enclosures
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Mami, Florida 33143
Telephone: 305.663.6327; Telefacsimile: 305.666.4591
Application For Public Hearing Before Planning Board & City Commission"'
Address of Subject Property:
Lot(s) Block Subdivision
5820 Bird Road
PB
Meets & Bounds:
_ Text Amendment to LDC /Comp Plan
Applicant:
Phone:
GUILFORD & ASSOCIATES, P.A.
(305) 446 -8411
Representative:
Organization:
F.W. Zeke Guilford, Esq.
w Statement of hardship
Address: 2222 Ponce de Leon Blvd., Ste.502' hone:
Coral Gables, FL 33134
(305) 446 -8411
Property Owner. Ed Marion
Signature:';
Mailing Address: 10840 S. W. 67th Drive
Phone: (3 0 5) 275-2844
Miami, FL 33173
Architect/Engineer.
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_Owner XOwner'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:
_ Text Amendment to LDC /Comp Plan
_Variance
_ Letter of intea'i
—Waiver of Improvaments /Dedication
2LSpecial Use
e Justifications for change
w PUD Approval
_Rezoning
w Statement of hardship
- PUD Major Change
—Other
_ Proof of ownership or letterlrom owner
Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
_ Current survey
_ 7 copies of Site Plan and
1 reduced copy 8@ 8.5 "x11''
_Required Fee( s)
SEE LETTER OF INTENT
Section: Subsection: Page #:
Amended Date:
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correcftf to the best of the applicant's knowledge and belief.
Appli secant, " Signatute and Vt)e Date
Upon receipt, applications 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
Petition Required Petition Accepted
Method of Payment
Date of Commission
T-2 C) C� 2%. `_` = C3 N 1 K 7 `1' C� 1-3
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Lots 11 and 12 less the North 20,0` feet for light -of -slay, Bloc 1,
WESTERFIELD MANOR SECTION THREE, according to the Plat thereof
as recorded in Flat Book 27 at Page 9 of the Public Records of
Dade County, Florida.
Property address: 5820 5.4;. 40 St.
Miami, FL 3 315 5
C_RTIFIED TO,: Transatlantic Bank
Attorneys' Title Insurance Fund, Inc.
Jorge A. Fernandez, P.A.
F1 cod zone "X"
WILSON DE LA TORRE
ENGINEERS, LAND SURVEYORS AND PLANNERS
1401 S.W. 27 AVENUE N. 951 3
SECOND FLOOR TELE ?40NE: 541-4722
MIAMI, FLORIDA 33149 F.B. 1801-20
FACSIMILE: 54t-1661
Date. July 7th, 1997
Updated: Jan. 16, 1999
T I?�.R- Y CI=R IFY: That the attached " scE= GF SURVEX " of t�Ie above des d prcpe��y
is t_rl.e and correct to the best of my I=wl.edge and belief as recently surveyed and
p? acted under my direction, also that the survey represented hereon meets the Irini�n
tec 11 ce? standards for land v.rveyors as set forth by the Florida Board of professional
I.,—":d Surveyors LI Chapter 61 G17 -6. . Florida Pjftni.nistrative Code, pursuant. to Section
472,027, Florida Statutes.
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Nmices of the Miami Daily Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at'Mtami in Miami•
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING — 1/25/00
ITEM: PB -00 -002, ETC.
in the ............XXXXX ........... Court,
w� pu its e¢ s idOng• O paper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
afflant furth�sa that she has nelthe promised
any person, r corporation a i ount, re ate, com-
mission or or tjtf pu f uring thi advertise -
mentfor bli �(y� ne aoer.
. r... y.. ........ I..
J �riUn "Is etore me tl�IsO 0 0
14 i ..... y f A.D.... y..
or ........... %,p .,.. r. ~. y. . ....
(SEAL) N Ay t j. WPICIAL NOTARY . A
O JANETT LLEFICNA
Octelma V. Ferb gre joknoveMwAmoq NuYei1R
i CC-366804
9� MY OOMMISWN EXPON
�QFQ� JUNE 24000
L�J
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
PLANNING AND ZONING DEPARTMENT
6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143
PHONE: (305) 663 -6326; FAX #: (305) 666 -4591
On Tuesday, January 25, 2000 at 7:30 P.M., the City of South Miami
Planning Board will conduct a Public Hearing in the Commission Cham-
bers at the above address on the following:
ITEM: PB -00 -002
Applicant: Guilford & Associates
Request:. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A
REQUEST PURSUANT TO SECTION 20.3.4(8) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE
PERMIT TO LOCATE AN ANIMAL HOSPITAL IN THE'GR'
GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY AT
5820 BIRD ROAD
Location: 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA.,
ITEI#.'.PB -00-003
Applicant: MT. OLIVE MISSIONARY BAPTIST CHURCH
Rei)uest. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST
FOR VARIANCES FROM SECTION 20 -4.3 OF THE LAND
?- DEVELOPMENT CODE TO ALLOW A LANDSCAPE SIGN
TO BE THIRTY ONE SQUARE FEET (31 SQ. FT), WHERE A
MAXIMUM TWENTY SQUARE FEET (20 SO FT) IS PERMIT-
TED, AND TO ALLOW SAME SIGN TO BE FIVE FEET (5 FT)
ABOVE GRADE, WHERE A MAXIMUM OF FOUR FEET
(4 FT) IS PERMITTED, ON PROPERTY LOCATED IN THE
'RS -4 (CS -OV),' SINGLE FAMILY RESIDENTIAL, COM-
MUNITY SERVICE OVERLAY ZONING DISTRICTS, SPE-
CIFICALLY AT 6316 S.W. 59TH PLACE.
Location: 6316 S.W. 59TH PLACE,. SOUTH MIAMI, FLORIDA
ITEM: PB -00-004
Applicant: Le Kim
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A.
REQUEST PURSUANT TO SECTION 20- 3.4(8) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE PER-
MIT TO LOCATE A SMALL RESTAURANT IN THE'SR(HD),'
SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY
ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 73RD
STREET.
LOCATION: 5844 S.W. 73RD STREET, SOUTH MIAMI, FLORIDA
All interested parties are urged to attend. Objections or expressions of
approval may be made in person at the hearing or filed in writing prior to or
at the. hearing. The Planning Board reserves the right to recommend to
the,City Commission whatever the board considers in the best interest for
the area involved.' Interested parties requesting information are asked to
contact the Planning and Zoning Department by calling 663 -6326 or writ-
ing to_ the address indicated above.
�Qu are hereby advised that if any person desires to appeal any deci-
siorimade with respect to any matter considered at this meeting or hear-
ing; such person wilt need a record of the proceedings, and for such pur-
pose may need to ensure that a verbatim record of the proceedings is
rnaCfe, which record includes the testimony and evidence upon which the
appieal is to be based (F. S. 286.0105). Refer to hearing number when
making any inquiry.
"'`'� 00- 3- 011493113553M
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KNIS" DRUM
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Nmices of the Miami Daily Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at'Mtami in Miami•
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING — 1/25/00
ITEM: PB -00 -002, ETC.
in the ............XXXXX ........... Court,
w� pu its e¢ s idOng• O paper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
afflant furth�sa that she has nelthe promised
any person, r corporation a i ount, re ate, com-
mission or or tjtf pu f uring thi advertise -
mentfor bli �(y� ne aoer.
. r... y.. ........ I..
J �riUn "Is etore me tl�IsO 0 0
14 i ..... y f A.D.... y..
or ........... %,p .,.. r. ~. y. . ....
(SEAL) N Ay t j. WPICIAL NOTARY . A
O JANETT LLEFICNA
Octelma V. Ferb gre joknoveMwAmoq NuYei1R
i CC-366804
9� MY OOMMISWN EXPON
�QFQ� JUNE 24000
L�J
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
PLANNING AND ZONING DEPARTMENT
6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143
PHONE: (305) 663 -6326; FAX #: (305) 666 -4591
On Tuesday, January 25, 2000 at 7:30 P.M., the City of South Miami
Planning Board will conduct a Public Hearing in the Commission Cham-
bers at the above address on the following:
ITEM: PB -00 -002
Applicant: Guilford & Associates
Request:. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A
REQUEST PURSUANT TO SECTION 20.3.4(8) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE
PERMIT TO LOCATE AN ANIMAL HOSPITAL IN THE'GR'
GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY AT
5820 BIRD ROAD
Location: 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA.,
ITEI#.'.PB -00-003
Applicant: MT. OLIVE MISSIONARY BAPTIST CHURCH
Rei)uest. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST
FOR VARIANCES FROM SECTION 20 -4.3 OF THE LAND
?- DEVELOPMENT CODE TO ALLOW A LANDSCAPE SIGN
TO BE THIRTY ONE SQUARE FEET (31 SQ. FT), WHERE A
MAXIMUM TWENTY SQUARE FEET (20 SO FT) IS PERMIT-
TED, AND TO ALLOW SAME SIGN TO BE FIVE FEET (5 FT)
ABOVE GRADE, WHERE A MAXIMUM OF FOUR FEET
(4 FT) IS PERMITTED, ON PROPERTY LOCATED IN THE
'RS -4 (CS -OV),' SINGLE FAMILY RESIDENTIAL, COM-
MUNITY SERVICE OVERLAY ZONING DISTRICTS, SPE-
CIFICALLY AT 6316 S.W. 59TH PLACE.
Location: 6316 S.W. 59TH PLACE,. SOUTH MIAMI, FLORIDA
ITEM: PB -00-004
Applicant: Le Kim
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A.
REQUEST PURSUANT TO SECTION 20- 3.4(8) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE PER-
MIT TO LOCATE A SMALL RESTAURANT IN THE'SR(HD),'
SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY
ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 73RD
STREET.
LOCATION: 5844 S.W. 73RD STREET, SOUTH MIAMI, FLORIDA
All interested parties are urged to attend. Objections or expressions of
approval may be made in person at the hearing or filed in writing prior to or
at the. hearing. The Planning Board reserves the right to recommend to
the,City Commission whatever the board considers in the best interest for
the area involved.' Interested parties requesting information are asked to
contact the Planning and Zoning Department by calling 663 -6326 or writ-
ing to_ the address indicated above.
�Qu are hereby advised that if any person desires to appeal any deci-
siorimade with respect to any matter considered at this meeting or hear-
ing; such person wilt need a record of the proceedings, and for such pur-
pose may need to ensure that a verbatim record of the proceedings is
rnaCfe, which record includes the testimony and evidence upon which the
appieal is to be based (F. S. 286.0105). Refer to hearing number when
making any inquiry.
"'`'� 00- 3- 011493113553M
v
TICE OF PUBLIC HE
- CITY -OF SOUTH MIAMI -- _ - -- --
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6326; Fax #: (305) 666 -4591
On Tuesday, January 25, 2000 at 7:30 P.M., the City of South Miami Planning Board will
conduct a Public Hearing in the Commission Chambers at the above address on the following:
ITEM: PB -00 -002
Applicant: Guilford & Associates
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE PERMIT TO LOCATE AN ANIMAL
HOSPITAL IN THE " GR " GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY AT
5820 BIRD ROAD
Location: 5820 BIRD ROAD, SOUTH MIAMI ,FLORIDA.,
All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in
writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the
board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the
Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this
meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S.
286.0105). Refer to hearing number when making any inquiry.
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CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Summary Minutes
Tuesday, January 25, 2000
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance
Mr. Morton, Chair, called the meeting to order.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Illas, Mr. Lefley
City staff present
Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff);
Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary)
III. Public Hearings (Planning Board)
ITEM: PB -00 -002
Applicant: Guilford & Associates
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE PERMIT TO LOCATE AN ANIMAL HOSPITAL IN THE
" GR " GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY
LOCATED AT 5820 BIRD ROAD.
Location: 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA
Mr. Cooper read the request into the record.
Staff presented the item to the Board, relating background information concerning the
request.
PB Minutes 01 -25 -00 1
The Board and staff briefly discussed background information.
Mr. Zeke Guilford, attorney, and Dr. Edward Marion spoke before the Board as
representatives, relating that they accept conditions so noted and recommended by staff.
The Board and staff so noted for the record that the proposed masonry wall would provide
a visual buffer, that aocess to the property is currently limited, and that landscaping would
have to be brought into compliance with code..
Public hearing was opened.
Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board.
Public hearing was closed.
Motion: Mr. Cooper moved approval of the request. Mr. Lefley seconded the motion.
Vote: Approved 6 Opposed 0
ITEM: PB -00 -003
Applicant: Mt. Olive Missionary Baptist Church
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST FOR
VARIANCES FROM SECTION 20 -4.3 OF THE LAND DEVELOPMENT
CODE TO ALLOW A LANDSCAPE SIGN TO BE THIRTY ONE
SQUARE FEET (31 SQ FT), WHERE A MAXIMUM TWENTY
SQUARE FEET (20 SQ FT) IS PERMITTED, AND TO ALLOW SAME
SIGN TO BE FIVE FEET (5 FT) ABOVE GRADE, WHERE A
MAXIMUM OF FOUR FEET (4 FT) IS PERMITTED, ON PROPERTY
LOCATED IN THE " RS -4 (CS -OV)," SINGLE FAMILY
RESIDENTIAL, COMMUNITY SERVICE OVERLAY ZONING
DISTRICTS, SPECIFICALLY LOCATED AT 6316 S.W. 59TH PLACE.
Location: 6316 S.W. 59 PLACE, SOUTH MIAMI, FLORIDA
Mr. Morton noted that deferral of the item would be considered at tonight's meeting.
Staff asked that the representative for the request approach the dais.
Reverend Russell E. Harris spoke before the Board as the representative, asking for
deferral of the item.
Motion: Mr. Cooper moved deferral of the request. Ms. Gibson seconded the motion.
The Board and staff discussed background information relating to the applicant's request
for deferral.
PB Minutes 01 -25 -00 2
Following the brief discussion, the Board voted on the matter.
Vote: Approved 6 Opposed 0
ITEM: PB -00 -004
Applicant: Le Kim
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE PERMIT TO LOCATE A SMALL RESTAURANT IN
THE " SR(HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT
OVERLAY ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 73RD
STREET.
Location: 5844 S.W. 73 STREET, SOUTH MIAMI, FLORIDA
Ms. Gibson read the request into the record.
Staff presented the item to the Board, relating that the applicant is proposing to open a
small restaurant in an existing retail space on SW 73 Street.
The Board and staff briefly discussed the item.
Mr. Manuel Gallardo and Ms. Le Kim spoke before the Board as representatives, relating
that they accept conditions so noted and recommended by staff.
Public hearing was opened.
Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board.
Public hearing was closed.
The Board and staff continued with brief discussion of the request, including location and
cleaning of the restaurant's grease trap.
Motion: Mr. Cooper moved approval of the request. Mr. Lefley seconded the motion.
Vote: Approved 6 Opposed 0
IV. Discussion Items
Staff so noted that there would be no Planning Board meeting on February 8, 2000, due to
city elections.
PB Minutes 01 -25 -00 3
The Board and staff also noted the importance of tracking the Mt. Olive Church sign
variance application, in order to determine if re- scheduling before Planning Board is
necessary.
The Board duly appointed Mr. Illas as Vice -Chair for the term ending March 2000.
V. Approval of Minutes
Minutes of January 11, 2000
The Board duly voted on and approved the minutes of January 11, 2000, as submitted.
Vote: Approved 6 Opposed 0
VI. Remarks/Discussion
There was no continuation of remarks /discussion.
VII. Adjournment
There being no further business before the Board, the meeting was adjourned at 8:20 p.m.
PB Minutes 01 -25 -00
2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA "
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f /kfa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
FEBRUARY 2.5, 2000
in the XXXXX court,
wT published in �aud,(rpaper in the issues of Ar
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
afflant further says that she has r paid nor promised
any person, firm corpor any di count, rebate, com-
mission or ref d th ose of se ring this advertise-
Mont for pu icati aid news per.
�.
ST r ad before me ttiks,
y of ........ ....... A.D........
(SEAL) ,u MARIA I. MESA
=t4 MY COMMISSION 4 CC 885640
Octelms V. Fer ime =ally fd(@ftSoVhmh 4.2004
To:
From: Charles D. Scuff
allot
City Manager
REQUEST
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor and City Commission Date: February 11, 2000
Agenda Item-
Comm. Mtg. 2/15/00
Re: Special Use Approval
5844 S. W. 73d Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(B)(19) OF THE
LAND DEVELOPMENT CODE FORA SPECIAL USE APPROVAL TO LOCATE A SMALL
RESTAURANT IN THE " SR(HD) " SPECIALTY RETAIL, HOMETOWN DISTRICT
OVERLAY ZONING DISTRICTS SPECIFICALLY AT 5844 S. W. 73`d STREET.
APPLICANT'S PROPOSAL
Pursuant to section 20-3.4(B)(19) of the Land Development Code (LDC) the applicant is
requesting a Special Use Approval to operate a small restaurant, Miyako Restaurant, at the above
referenced location. The proposed area of the restaurant is to be located within an existing one
story retail building. It will occupy 2,000 square feet, and will be a casual-oriental restaurant,
featuring a sushi bar. The proposed facility will have 50 space seats with 10 additional seats at
the sushi bar. The applicant intents to offer beer and wine. The proposed operating hours are
from I 1:00AM to 11:30 PM on Monday through Saturday and from 1:00 PM to 12 midnight on
Sunday. The applicant also intends to provide limited outdoor seating.
SPECIAL CONDITIONS APPLICABLE
The LDC provides that special uses must be approved by the City Commission after a public
hearing and receipt of a recommendation from the Planning Board. The overall purpose is to
determine the compatibility of the proposed use with the surrounding neighborhood. In addition,
special uses may also be required to comply with the additional requirements, which are set forth
in Section 20-3.4(B). In the case of a small restaurant the following supplemental requirements
are listed:
(a) Small restaurants must be located within two hundred (200) linear feet of a municipal
parking lot.
(b) The on-site parking on small restaurant premises must be used for customers only;
employees and management must park in off-site parking.
(c) Required parking must be on-site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in combination
with food both prepared and served on the premises.
ANALYSIS
The proposed use is located in the "SR(HD)" Specialty Retail district within the Hometown
Overlay Zone. A restaurant is permitted with a Special Use Approval. The proposed use must
meet the requirements for special uses contained under Section 20- 3.4(B)19 Small Restaurant
and Section 20 -5.8 Special Use Approval of the LDC. A restaurant that contains no more than
2,000 sqft and is within 200 feet of a municipal lot is defined as a Small Restaurant having a
parking requirement of 1 space for every 400 sgft. The existing use at this location was retail,
which has a higher parking ratio than that of the Small Restaurant category and as such no
additional parking is required. All existing uses within downtown are considered to have met
their parking requirements at the time the structures that they occupy were built. When an
existing use is replaced with a more .intensive use the applicant is required to provide the
additional parking needed as a result of more intense use. Conversely if a less intense use is
proposed no additional parking is required.
The requested special use complies with the LDC requirements set forth for special uses in
Section 20 -3.4 and the proposed use meets the conditional requirements set forth in Section 20-
5.8 in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
This application does not conflict with the Comprehensive Plan.
PLANNING BOARD ACTION
The subject application was presented to the Planning Board at its January 25, 2000 meeting. At
that time the Board adopted a motion (6 -0) recommending approval of the application subject to
two conditions as set forth by staff.
RECOMMENDATION
APPROVAL subject to the following conditions:
1) final plans show an enclosed air- conditioned trash room, and
2) all dishwashing activities must be contained within the building
Attachments:
Proposed draft resolution
Letter of intent/ application
Property survey
Site and floor plans
Copies of Public notices
Planning Board Minutes 1/25/00
MAgenda\2000\special use Miyako Restaurant 5844 SW 73 Street.doc
I
RESOLUTION NO.
2
3
4
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
5
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(19) OF THE
6
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A SMALL
7
RESTAURANT IN THE " SR(HD) " SPECIALTY RETAIL, HOMETOWN DISTRICT
$
OVERLAY ZONING DISTRICTS SPECIFICALLY AT 5844 S. W. 73rd STREET
9
10
11
WHEREAS Le Kim, on behalf of KBRSS, Inc. property owner of 5844 S.W. 73rd Street
12
has submitted an application for a special use to allow a small restaurant to be located in the
13
"SR(HD) "Specialty Retail, Hometown District Overlay zoning districts specifically at 5844 S.W.
14
73`d Street; and
15
16
WHEREAS, a small restaurant is allowed as a special use in the SR(HD), Specialty
17
Retail, Hometown District Overlay zoning districts subject to meeting certain conditions
18
specified in the Land Development Code Section 20- 3.4(B)(19);and
19
20
WHEREAS, the approval of a special use requires a recommendation from the Planning
21
Board and the approval of the City Commission after a public hearing; and
22
23
WHEREAS, The Planning and Zoning Department staff recommended approval of the
24
proposed special use with the following two conditions: 1) that final plans show an enclosed air -
25
conditioned trash room; and 2) all dishwashing activities must be contained within the building;
26
and
27
28
WHEREAS, staff recommendation dated January 20, 2000 is made part of this
29
resolution; and
30
31
WHEREAS, on January 25, 2000, the Planning Board voted (6 -0) to recommend
32
approval with conditions of the special use request; and,
33
34
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
35
accept the recommendation of the Planning Board.
36
37',
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
38
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40
Section 1: That a special use is approved for locating an small restaurant at 5844 S.W. 73rd
41
Street subject to the following conditions:
42
43
(c) Final plans show an enclosed air - conditioned trash room
44
45
(d) All dishwashing activities must be contained within the building
46
1 Section 2: This resolution shall take effect immediately upon approval.
2`
3 PASSED AND ADOPTED this day of , 2000.
4
5
6 ATTEST: APPROVED:
7
8
9 CITY CLERK MAYOR
10
11 READ AND APPROVED AS TO FORM:
12
13
14
15 CITY ATTORNEY
City of South Miami
Re: Miyako Restaurant
5844 SW 73 St.
South Miami, Florida
LETTER OF INTENT
We request to operate a 2,000 S.F. small restaurant with some outdoor seating along
the sidewalk at the above referenced location. The hours of operation will be Monday
through Saturday from 11:00 am to 11:30 p.m., and Sunday from 1:00 p.m. to 12:00
p.m. Beer and wine will be consumed on premises. All dishwashing and cleaning will
occur within the leased area. Two on site parking spaces are assigned to the restaurant,
the remainder of employees and patrons will park in the nearby municipal parking lot
and surrounding metered parking.
Sincerely,
y
Manuel Gallardo
President
c: \my documents \00 -04sm -letter of intent
301 Almeria Ave.
3:ol�� ®a &� S�� e® °„
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Suite 107
Coral Gables, FL 33134
Office: 305- 529 -1444
Fax: 305- 529 -0026
Florida CA8169
AA3214
Design inc.
ARCHITECTURE
ENGINEERING
INTERIO DESIGN
IRanuary 18, 2000
City of South Miami
Re: Miyako Restaurant
5844 SW 73 St.
South Miami, Florida
LETTER OF INTENT
We request to operate a 2,000 S.F. small restaurant with some outdoor seating along
the sidewalk at the above referenced location. The hours of operation will be Monday
through Saturday from 11:00 am to 11:30 p.m., and Sunday from 1:00 p.m. to 12:00
p.m. Beer and wine will be consumed on premises. All dishwashing and cleaning will
occur within the leased area. Two on site parking spaces are assigned to the restaurant,
the remainder of employees and patrons will park in the nearby municipal parking lot
and surrounding metered parking.
Sincerely,
y
Manuel Gallardo
President
c: \my documents \00 -04sm -letter of intent
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City Hall, 6130 Sv&60&6v South lvliami, Florkla 33143
Telephone: 305.663.6327; Telefacsimfle: 305.666.4591
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Application For Public Hearing Beijire Plimmno BoaM (ftity Commission
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Address of Subject Property:
SUBMITTED MATERIALS
Lot(s) Block
Subdivision
Meets & Bounds:
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AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_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:
_ Text Amendment to LDC /Comp Plan
Variance
t! Letter of intent°
Waiver of Improvements/Dedication
Special Use �(
Justifications for change '
_ PUD Approval
_Rezoning
_
Statement of hardship
_ PUD Major Change
Other
roof of ownership or letter from owner
Power of attorney 7,
Briefly explain application and cite specific Code sectior.
ontract to purchase
:Current survey _. ----X
7 copies of Site Plan and
1 reduced copy C 8.5 "x11"
Required Fee(s)
Section: Subsection: Page #:
Amended Date:
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. /
Applicant's Signature and title Date.
Upon receipt, applications 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 Payment
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Puts" Ma"
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
MIAMI DAILY BUSINESS REVIEW PLANNING AND ZONING DEPARTMENT
Published Daily except Saturday, Sunday and 6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143
Legal Holidays PHONE: (305) 663 -6326; FAX #: (305) 666 -4591
Miami, Miami -Dade County, Florida.
FLORIDA On Tuesday, January 25, 2000 at 7:30 P.M., the City of South Miami
STATE OF FL DADi : Planning Board will conduct a Public Hearing in the Commission Cham-
COUNTY OF ORID
bers at the above address on the following:
Before the undersigned authority personally appeared `ITEM: PB -00 -002
Octelma V. Ferbeyre, who on oath says that she is the Guilford &Associates
Supervisor, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, ,a daily (except Saturday, Sunday Request. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
and Legal Holidays) newspaper, published atUiami in Miami - j OF THE CITY OF SOUTH MIAMI, RELATING TO A
Dade County, Florida; that the attached copy of advertise- REQUEST PURSUANT TO SECTION 20- 3.4(B) OF THE
j ment, being a Legal Advertisement of Notice in the matter of LAND DEVELOPMENT CODE FOR A SPECIAL USE
PERMIT TO LOCATE AN ANIMAL HOSPITAL IN THE 'GR'
CITY OF SOUTH MIAMI GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY AT.
PUBLIC HEARING - 1/25/00 5820 BIRD ROAD
Location: 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA.,
ITEM' PB -00 -00 2 , ETC.
ITENFc.PB -00-003
Applicant.. MT. OLIVE MISSIONARY BAPTIST CHURCH
XXXXX Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
in the ............. ............................... Court, OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST
w pri tis�te�1 m said newspaper in the issues of FOR VARIANCES FROM SECTION 20 4.3 OF THE LAND
a M r 20 U 0 DEVELOPMENT CODE TO ALLOW A LANDSCAPE SIGN
TO BE THIRTY ONE SQUARE FEET (31 SO. FT), WHERE A
MAXIMUM TWENTY SQUARE FEET (20 SO FT) IS PERMIT -
TED, AND TO ALLOW SAME SIGN TO BE FIVE FEET (5 FT)
ABOVE GRADE, WHERE A MAXIMUM OF FOUR FEET
Affiant further says that the said Miami Daily Business (4 FT) IS PERMITTED, ON PROPERTY LOCATED IN THE
(
RS -4
'CS -OV),' SINGLE FAMILY RESIDENTIAL, COM-
Review is a newspaper published at Miami in said Miami- 'RS-4 SERVICE OVERLAY ZONING DISTRICTS, SPE-
Dade County, Florida, and that the said newspaper has s
heretofore been continuously published in said Miami -Dade CIFICALLY AT 6316 S.W. 59TH PLACE.
County, Florida, each day (except Saturday, Sunday and Location: 6316 S.W. 59TH PLACE,. SOUTH MIAMI, FLORIDA
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade ITEM: P13-00-004
County, Florida, for a period of one year next preceding the Applicant: Le Kim
first publication of the attached copy of advertisement; and Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
afflant further sa s that she has neithe promised OF THE CITY OF SOUTH MIAMI, RELATING TO A.
any person, f or corporation a i ount, re ate, com- REQUEST PURSUANT TO SECTION 20- 3.4(8) OF THE
mission or un tort pu f uring tht advertise LAND DEVELOPMENT CODE FOR A SPECIAL USE PER
ment for bli ne aper. = MIT TO LOCATE A SMALL RESTAURANT IN THE
'SR(HD),'
SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY
ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 738D
... ... ... ...... .. .. STREET.
LOCATION: 5844 S.W. 73RD STREET, SOUTH MIAMI, FLORIDA
14 anu YS b efore met ili 0 0 0
NI. interested parties are urged to attend. Objections or expressions of
approval may be made in person at the hearing or filed in writing prior to or
y f A D
at the. hearing. The Planning Board reserves the right to recommend to
the .City Commission whatever the board considers in the best interest for
the area involved' Interested parties requesting information are asked to
CIAL NOTARY ; contact the Planning and Zoning Department by calling 663 6326 or writ
(SEAL) QY V in to the address indicated above.
OVA JANETT LL
EAENA g..;.
Octelma V. Farb igre %'knovWsWoftem HUMBGR Vdu are hereby advised that if any person desires to appeal any deci-
�, d C C56i680 4 siort made with respect to any matter considered at this meeting or hear -
9,� 0��4 My t3OMAMfidON EXPIP" Ing such person 'will- need'a record of the proceedings, and for such pur-
000 pose may need to ensure that a verbatim record of the proceedings is
JUNE 23,2
I rnaitie, which record includes the testimony and evidence upon which the
j appeal is to be based (F.S. 286.0105). Refer to hearing number when
making any inquiry.
___ _. -- -__- •_r• • ____ 00-3- 011493113553M --
• N v TICE OF PUBLIC HEARING(
CITY OF SOUTH MIAMI
Planning and Zoning'Department - - -- - - --
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6326; Fax #: (305) 666 -4591
On Tuesday, January 25, 2000 at 7:30 P.M., the City of South Miami Planning Board will
conduct a Public Hearing in the Commission Chambers at the above. address on the following:
ITEM: PB -00 -004
Applicant: Le Kim
Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE PERMIT TO LOCATE A SMALL
RESTAURANT IN THE " SR(HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT
OVERLAY ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 73RD STREET.
LOCATION: 5844 S.W. 73RD STREET ,SOUTH MIAMI, FLORIDA
All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in
writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the
board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the
Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this
meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S.
286.0105). Refer to hearing number when making any inquiry.
5
T7
XMIMPTIMPOM
CD
�ST
1 11 111 11 111
r
1� 1Rl1fT
v
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Summary Minutes
Tuesday, January 25, 2000
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance
Mr. Morton, Chair, called the meeting to order.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Illas, Mr. Lefley
City staff present
Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff);
Lourdes Cabrera- Hernandez (Planner); David Struder (Board Secretary)
III. Public Hearings (Planning Board)
ITEM: PB -00 -002
Applicant: Guilford & Associates
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE PERMIT TO LOCATE AN ANIMAL HOSPITAL IN THE
" GR " GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY
LOCATED AT 5820 BIRD ROAD.
Location: 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA
Mr. Cooper read the request into the record.
Staff presented the item to the Board, relating background information concerning the
request.
PB Minutes 01 -25 -00 1
The Board and staff briefly discussed background information.
Mr. Zeke Guilford, attorney, and Dr. Edward Marion spoke before the Board as
representatives, relating that they accept conditions so noted and recommended by staff.
The Board and staff so noted for the record that the proposed masonry wall would provide
'a visual buffer, that access to the property is currently limited, and that landscaping would
have to be brought into compliance with code.
Public hearing was opened.
Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board.
Public hearing was closed.
Motion: Mr. Cooper moved approval of the request. Mr. Lefley seconded the motion.
Vote: Approved 6 Opposed 0
ITEM: PB -00 -003
Applicant: Mt. Olive Missionary Baptist Church
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST FOR
VARIANCES FROM SECTION 20 -4.3 OF THE LAND DEVELOPMENT
CODE TO ALLOW A LANDSCAPE SIGN TO BE THIRTY ONE
SQUARE FEET (31 SQ FT), WHERE A MAXIMUM TWENTY
SQUARE FEET (20 SQ FT) IS PERMITTED, AND TO ALLOW SAME
SIGN TO BE FIVE FEET (5 FT) ABOVE GRADE, WHERE A
MAXIMUM OF FOUR FEET (4 FT) IS PERMITTED, ON PROPERTY
LOCATED IN THE " RS -4 (CS -OV)," SINGLE FAMILY
RESIDENTIAL, COMMUNITY SERVICE OVERLAY ZONING
DISTRICTS, SPECIFICALLY LOCATED AT 6316 S.W. 59TH PLACE.
Location: 6316 S.W. 59 PLACE, SOUTH MIAMI, FLORIDA
Mr. Morton noted that deferral of the item would be considered at tonight's meeting.
Staff asked that the representative for the request approach the dais.
Reverend Russell E. Harris spoke before the Board as the representative, asking for
deferral of the item.
Motion: Mr. Cooper moved deferral of the request. Ms. Gibson seconded the motion.
The Board and staff discussed background information relating to the applicant's request
for deferral.
PB Minutes 01 -25 -00 2
(r
6
Following the brief discussion, the Board voted on the matter.
Vote: Approved 6 Opposed 0
ITEM: PB -00 -004
Applicant: Le Kim
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE PERMIT TO LOCATE A SMALL RESTAURANT IN
THE " SR(HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT
OVERLAY ZONING DISTRICTS, SPECIFICALLY AT 5844 S.W. 73RD
STREET.
Location: 5844 S.W. 73 STREET, SOUTH MIAMI, FLORIDA
Ms. Gibson read the request into the record.
Staff presented the item to the Board, relating that the applicant is proposing to open a
small restaurant in an existing retail space on SW 73 Street.
The Board and staff briefly discussed the item.
Mr. Manuel Gallardo and Ms. Le Kim spoke before the Board as representatives, relating
that they accept conditions so noted and recommended by staff.
Public hearing was opened.
Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board.
Public hearing was closed.
The Board and staff continued with brief discussion of the request, including location and
cleaning of the restaurant's grease trap.
Motion: Mr. Cooper moved approval of the request. Mr. Lefley seconded the motion.
Vote: Approved 6 Opposed 0
IV. Discussion Items
Staff so noted that there would be no Planning Board meeting on February 8, 2000, due to
city elections.
PB Minutes 01 -25 -00 3
E 1r.
The Board and staff also noted the importance of tracking the Mt. Olive Church sign
variance application, in order to determine if re- scheduling before Planning Board is
necessary.
The Board duly appointed Mr. Illas as Vice -Chair for the term ending March 2000.
V. Approval of Minutes
Minutes of January 11, 2000
The Board duly voted on and approved the minutes of January 11, 2000, as submitted.
Vote: Approved 6 Opposed 0
VI. Remarks/Discussion
There was no continuation of remarks /discussion.
VIL Adjournment
There being no further business before the Board, the meeting was adjourned at 8:20 p.m.
PB Minutes 01 -25 -00
L!
V
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11/00
AGENDA ITEM #
FROM: Charles D. Scurr JCAO Comm. Mtg. 2/15/00
City Manager Minutes Format
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MINUTES;
ADOPTING THE "ACTION SUMMARY" MINUTES FORMAT;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina adopts the "Action
Summary" format for Minutes. The "Action Summary" format is widely use by
many municipalities in Miami -Dade County and is a fail -safe approach to
accurately recording the proceedings of a meeting. This format is legal in most
states. Is recommended by the experts and Robert's Rules of Order. The
format shall include but not be limited to the summarizing of what happened at
the meeting; should be one subject per paragraph, with the body of the minutes
motions; the description of each motion; secondary motions and all points of
order and appeals. This format will not include, personal opinion or
commentary; direct transcription of meeting dialogue or conversation; name of
members who seconded the motion, unless specifically required by the bylaws;
discussion of motion; mention of withdrawn motion; the phrase "respectfully
submitted" which many authorities considered outdated.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 COMMISSION MINUTES; ADOPTING THE "ACTION
6 SUMMARY" MINUTES FORMAT; PROVIDING AN
7 EFFECTIVE DATE.
8
9 WHEREAS, there are three types of minutes: 1) Verbatim minutes in which
10 every word is recorded. This type of format is expensive, time consuming and is
11 virtually recommended by no one; 2) Action minutes in which only the motion,
12 the maker of the motion, and the vote are recorded. This format is legal inmost
13 states, recommended by the experts and Robert's Rules of Order; and 3) Synopsis
14 minutes in which comments are condensed. This format can be most difficult to
15 create. It can lead to constant challenge by commission members because often
16 what someone remembers saying and what they did say can be two different
17 things. It can also be difficult to extract accurate intent out of a 15- minute
18 discussion; and
19
20 WHEREAS, 2Is' Century Robert's Rules of Order defines "minutes" as an
21 impartial account of the business accomplished at a specific meeting. The minutes
22 summarize what happened at the meeting in a straightforward narrative style. The
23 minutes do not include the following: 1) Personal opinion or commentary; 2)
24 direct transcription of meeting dialogue or conversation; 3) name of members who
25 seconded the motion, unless specifically required by the bylaws; 4) discussion of
26 motions; 5) mention of withdrawn motions; 6) the phrase "respectfully submitted"
27 which many authorities consider outdated; and
28
29 WHEREAS, the "Action Summary format for Commission Minutes,
30 widely used by many of the municipalities in -Miami -Dade County is a fail -safe
31 approach to accurately recording the proceedings of a meeting and;
32
33 WHEREAS, in an effort to further foster continuous advancement in the
34 City of South Miami it is the Mayor and City Commission's desire to formally
35 adopt the "Action Summary" format for City Commission Minutes.
36
37 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
39
40 Section 1. The "Action Summary" format for City Commission Minutes
41 is hereby adopted.
42
Additions shown by underlining and deletions shown by evef�sg
I Section 2. This format should include but - not be limited to the
2 summarizing of what happened at the meeting. One subject per paragraph, with
3 the body of the minutes containing the following information, not necessarily in
4 this order: 1) all main motions; 2) the description of each motion; 3) secondary
5 motions; and 4) all points of order and appeals.
6
7 Section 3. This resolution shall take effect immediately upon approval.
8
9
10 PASSED AND ADOPTED this day of 12000.
11
12 ATTEST: APPROVED:
13
14
15 CITY CLERK MAYOR
16
17 Commission Vote:
18 READ AND APPROVED AS TO FORM: Mayor Robaina:
19 Vice Mayor Russell:
20 Commissioner Feliu:
21 CITY ATTORNEY Commissioner Bethel:
22 Commissioner Bass:
23
Page 2 of 2
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COUNCIL MINUTES:
Best Practices
9 Action minutes in which only the motion, the maker of
the motion, and the vote are recorded are legal in most
states and recommended by the experts.
• Synopsis minutes in which comments are condensed
can be the most difficult to create. It can lead to constant
challenge by council members because often what some -
one remembers saying and what they did say can be two
different things. Gladwell notes that it can be difficult to
extract accurate intent out of a 15- minute discussion.
Instead, what she has found to be effective are action
minutes with a listing of the issues discussed, without
attributing comments to anyone. She says this method
should still cut down on the time it takes to do minutes
and, at the same time, avoid debates on accuracy.
Editor's note: This article first appeared in Small Cities and is reprinted with
permission.
"For those cities where it wouldn't be acceptable to do an
action agenda, I advise Clerks to focus on the issues." she
ow much time is your City Clerk spending to
says. A. Fleming Bell, who directs Clerk training at the Uni-
produce the minutes of your meetings? Gail
versity of North Carolina in Chapel Hill, concurs that it's
Vasquez, CMC /AAE, a City Clerk in Norwalk,
important to "do a little bit more than cryptic action. Because
CA, who teaches other Clerks in the state, says she always
if someone looks back at those minutes in five years, they
has some in her classes who are transcribing minutes at home
may not have a clue what went on. It's important to set a lit -
and on weekends. When she first arrived six years ago, Nor-
tle bit of context for future understanding of what occurred."
walk's minutes were six months in arrears and two employ -
ees were listening to tapes. Today, Vasquez has a switchboard
Anaheim, CA, City Clerk Sheryll Schroeder, CMC / AAE;
operator draft the minutes in her spare time because all she
says "Clerks should confer with their Council, City Attorney
has to do is re- format the agenda to create action minutes
or City Manager as to what type of minutes their jurisdiction
instead of verbatim minutes.
wants. We don't want Clerks going out and creating the doc-
ument they want and not taking into consideration the dif-
Actually, there are three types of minutes: in addition to
ferent wants and needs of the community."
action and verbatim, there's a hybrid called a synopsis. Diane
R. Gladwell, CMC, and a consultant to local governments in
Gladwell urges Clerks to go back and read Robert's Rules
California, describes each model:
of Order because_ so often bad or inefficient practices are
handed down from a previous Clerk. Some other recom-
• Verbatim minutes in which every word is recorded are
mended practices include the following:
expensive and time consuming and recommended by
virtually o one.
y
Continued on page 4
• i • a • -i • • • • i • • i • a 0 • • • • ! • • • • • i • • i • •
• • 0 0 • 0 • • • • • • • • f • i i 0 • • 0 • • • • ! • ! • • • • • S
The Netherlands 101 - Part 5 on pp. 8 -9
Council Minutes: Best Practice— Continued from page 1
• Good minute preparation starts with the agenda. In effi-
cient cities, the agenda is used as the foundation for the
minutes. Gladwell advises that any basic word process-
ing program will allow a Clerk to build macros for any-
thing that's repetitive and run the agenda into a template
for the minutes.
• An oral reading of the motions and votes from the min-
utes of previous meetings is the proper procedure for
ensuring the accuracy of the minutes. However, she
notes that while most councils don't do this, they also fail
to waive the oral reading, which they should do.
• Minutes must be signed by the appropriate people, typi-
cally the mayor and Clerk.
• A numbered filing system in which a file number is
typed after each action item on both the agenda and
minutes ensures paper documents associated with a
given action can be found easily if needed in the future.
• Because one of the Clerk's responsibilities is to ensure
equity in government, any request for information from
past minutes should be shared with all appropriate par-
ties. For instance, if one council member requests infor-
mation, all council members and the city manager
should receive it also.
When there's an upcoming election, agendas and min-
utes should be prepared for all candidates.
• Vasquez doesn't record public comment in the minutes
because no action can be taken on an item if it isn't on the
agenda. If an item is referred for future action, it will be
on a later agenda. Otherwise, she says "people. have a
right to talk but they don't have the right to have it as
part of the official record."
• Clerks should differentiate between legislative minutes
and quasi - judicial minutes, says Bell. When a council is
denying a permit, holding a personnel hearing, or any
other business that requires it to act in a judicial capaci-
ty, the Clerk is acting more as a court reporter so minutes
should be more complete.
The efficient application of word processing technology
is what most Clerks have available to them now to make
their job easier, observes Gladwell. For instance, along with
using macros to develop templates, most software has a
"find" function that can be used to search any previous min-
utes that were developed in a computer. Beyond that, there is
document imaging software on the market from several ven-
dors, which is not useful so much for the creation of minutes
but for information retrieval from minutes.
Glenda Sansoti, CMC /AAE, City Clerk for Brevard, NC
(pop. 6,600), who may be the first Clerk in the state with doc-
ument imaging software, now has scanned in 20 years of
minutes. The optical character recognition function automat-
ically indexes every word in a document.
"It has saved an enormous amount of time," she says.
Previously, if she had a research request, she had to retrieve
the oversized minutes books, pull them apart, and using the
index for each book, find the information and make copies
before putting it all back together again. "Research is so
much easier now."
Gladwell says voice recognition software is available
now but she says in its current evolution, it's too slow and
five years away from being cost effective.
OOPS!
The November News Digest inadvertently erred in list -
ing some of IIMC's Quill Winners. The corrections are:
• Dorothy Outwater not Atwater
• Elizabeth G. Nolan, retired not deceased
• Suzanne Withers, retired not deceased
• Norma Caldwell, retired
• Charles W. Gress, retired
4 11MC NEWS DIGEST DECEMBER 1999
DEC -22 -99 13:55 FROM -CITY OF SUNNY ISLES BEACH +3059493113 T -785 P.02t11 F -723
i
SUMMARY MINUTES
City of Sunny isms Beach
City Commission Meeting - Thursday, June 17,1999
X. CALL TO ORDER/ROLL CALL OF MEMBERS
The .meeting was called to order by Mayor Samson at 7:02 p.m. with the following officials
present: Mayor David Samson
Vice Mayor Irving Tureasky
Commissioner Danny Iglesias (arrived at 7:03)
Commissioner Lila. Kauf;tmati
Commissioner Connie Morrow
City Manager James DiPietro
City attorney Lynn M. Danuheisser
City Clerk Richard Brown- Morilla
2. PLEDGE OF ALLEGLANCE
ACTION. 'trice Mayor Irving Turetsky led the Pledge of Allegiance to the flag.
3.
4.
APPROVAL OF MINUTES.
A. REGULAR LAR COMMISSICIN MEETING - May 13,1999
ACTION: Commissioner Kaufman moved and Vice Mayor Turetsky seconded a motion to
approve the minutes of the May 13,1999, regular City Commission Meeting. The motion
was approved by a unanimous voice vote of 5 -0 in favor.
AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS /AMENDMENTS)
AC770N. Commissioner Kauffman moved, and Cpmnussioner Iglesias seconded a motion to
take agenda item 9 -C out of order, and consider it before item 7 -C. The anti n was
approved by a voice vote of 5 -0 in favor.
5. SPECLAL PRESENTATIONS.
A. POLICE EMPLOYEE QE THE MONTH - DISPATCBFR SANDRA BLDG �
i
ACTION.- Police Chief Richard Harrison presented a commendation to Police Dispatc her lSandra
Block as Officer of the Mouth for May, '1999, and Mayor Samson presented her with check
from the Citizens Advisory Conu tittee.
DEC -22 -99 16:56 FRONT -CITY OF SUNNY ISLES BEACH +3059493113 T -795 P.03/11 F -728
i
5B. LIFE SAVING AWARD JAMES .ANDERSON
I
ACTION.- Mayor Samson announced that the award had been previously presenter to Mr,
Anderson,
6, ZONING:
A. Public Hearing lumber Z99 -04 �
REQUEST OF C'A13ANAS SERVICES, INC. PROPERTY OWNER AT 18655 *ORTH
BAY ROAD FOR A NON -USE VARIANCE OF SETBACK. REQUIREMENTS To OERMrr
AN EMSTING GAZEBO AND METAL SHED TO SETBACK 1.6 FT. FROM TIJ4 REAR
EAST PROPERTY LINE (5 FT REQUIRED ).
ANION Mayor Samson read a smwment regarding procedure and decorurn. City Clerk
?gown- Morilia read applicants �e a�� t s xatnc, hearing number, and location, .The +�� Clerk
administered the oath to the witnesses for the evening's Zoning hearing. City Attorney
Danoheisser read a disclaimer for the Zoning hearing,
Ex -paw disclosures: 0 Protests: U Waivers: i
Public Speakers_ Zoning & Code Administrator Jorge Vera; Ada Valiente Garcia; Code and
Licensing Enforcement Officer Christopher Steers.
Mr. Vega said the neighbors had submitted waivers of no objection. Ms. Valiente G cia
j expressed concern about the history of illegally subdividing single family homes. M yor
Samson asked Mr. Vera to investigate. Commissioner Kauff nan asked what could be done
about illegal multifamily uses in single family home areas, and Chris Steers explained a�out
the code enforcement efforts.
Voce -Mayor Turetsky moved and Commissioner Morrow seconded a. motion to approvo the
request with conditions 2-6. The motion was approved as Resolution No. 99 -Z-33 , by
a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias y1s �
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson
7, ORDINANCES FOR FIST READING:
7A. AN ORDINANCE OF TIE CITY OF SUNNY ISLES BEACH, FLORIDA., A]-- A
. NEW CODE SECTION ENTITLED FLOOD DAMAGE PREV'ENTION; PROVE Cr
STATUTORY AUTHORIZATION, FINDING OF FACT, PUUOSE AND OBJECT S;
j g'u=ary Mimics of the June 17, 1999, Regular City Commission Meeting pane 2 of 111
DEC -22 -99 16:56 FROM -CITY OF SUNNY ISLES BEACH +3059493113 T -785 P -04/11 F -723
PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVIS� NS;
PROVIDING FOR ADMINISTRATION; PROVIDING FOR FLOOD HAZ;RDS
REDUCTION; PROVIDING FOR VARLAN+CE PROCEDURES, PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
ACTT' 1V: City Clerk Brawn- Morilla read the title of the proposed ordnance and City
Attorney Lynn Dannheisser introduced the item:
Public Speakers-, none
Commissioner Iglesias noted the importance of approving the legislation in order to b� able
to recover money from FEMA fallowing any flood disaster.
Commissioner Morrow moved, and Commissioner Iglesias seconded a motion to ap ' rove
the proposed ordinance on first reading. The motion was approved by a roil ca vote
of 5 -4 in favor. Second reading, public bearing will be July 15, 1999.
Vote Cotnrnissioner Iglesias yes
Commissioner Kauffman yes �
Commissioner Morrow ,des
Vice Mayor T'uretsky yes
Mayor Samson.
7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AME ING
SECTION 33 -36 OF THE CODE OF MIAMI -DARE COUNTY AS ADOPTED BY THE
CITY OF SUNNY ISLES BEACH AS ITS ZONING CODE IN ACCORDANCE S�TITH
.ARTICLE 8.3 OF TIM CHARIER OF THE CITY OF SUNNY ISLES BEACH, TO D
A SECTION 3 -36.2 TO BE, ENTITLED `SURSTANTI.AL GC.iMI'L NCE P O
HEARING APPROVED DRAWINGS AND SITE PLANS
ADtI+;tINISTRATIVEL'Y' APPROVED SITE PLAN'S'; TO PROVIDE FOR THE
AUTHORITY OF THE BUILDING, PLANNING AND ZONING DIRECTOR TO
SUCH A DETERMINATION BASED ON DEVELOPMENT INTENSITY D
DEVELOPMENT' SIMILARITY; PROVIDING FOR A REPEALER; PROVIDING OR
SEVERABILITY AND PR.OVIDNG FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown- Morilla read the title of the proposed ordinance and City
Attorney Lynn Dannheisser introduced the item.
Public Speakers: Joe Malkin i
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote
of 5 -0 in favor. Second reading, public hearing will be July 15, 1999, 1
Vote: Commissioner Iglesias
Commissioner Kauffman yes
Commissioner Morrow des
Vice Mayor Turetsky yes
Mayor Simon yes
I
SummarY Minutes of the June 17, 1999. Rezular City Commission Meeting - Pam 3 of l A �
DEC -22-99 18:57 FROIM-CITY OF SUNNY ISLES BEACH +3058483115 T -785 P.05/11 F -`723
I
7C. tN ORDINANCE O F THE Y OF SUNNY ISLES BEACH, FLORIDA, 4DE A +i I
G
l" A CITYWIDE STORM WATER UTILITY AND ADOP'nNG STQRMVVATER
�- FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STOR.MW TER
MANAGEMENT SYSTEM CONSISTENT WITH THE COMPREHENSIVE PLA OF
MIAMI -D.ADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES B ` CH
PURSUANT TO ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY I LES
BEACH AND UNTIL SUCH TDdE AS TFIE CITY OF SUNNY ISLES BEACH AD PTS
ITS OWN COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROV ING
FOR A FEE STRUCTURE FOR STORMWA.TER. UTILITY SERVICES AND N1E1X &S
OF BILLING, COLLECTION AND ENFORCEMENT; PROVIDING FOR REP AI�,
SEVERA13ILITY AND AN EFFECTIVE DATE.
,4CTIOjv. [City Clerk's Note: agenda item 9 -C was approved prier to this item eing
discussed. See also item. 4 above.] City Clerk }gown- MoriIla read the title of the pro used
ordinance and City Attorney Lynn Dannheisser introduced the item, noting that Commissioner
Iglesias had found an error that necessitated a revision to page 3, ERU: '`the csdmattd av�ragc
equals 1 548 square feet.,
Public Speakers: Gerry Goodman
Commissioner Iglesias proposed amendments to page 2, section B: "`die Manag r is
authorized to determine and prescribe the requirements of the stormwater utility sy tem.
including all components ofthe infwncrure and. all necessary or desirable alterations re airs
and extensions to manage and control stormwater run-off provided such action serves a R bHe
purpose, based on recommendations b a licensed rofessional en inset as d ed
necessary." and section C: "The organization and operating procedures of the utility sh be
prescribed by administrative orders and regulations of the City- Manager, subiect to tity
Commission approval. The Qy Maum er vy1w may appoint employees as may nece nary
to operate the utility."
Mayor Samson said the utility fee would come on a separate bill from the County, as I ey
would continue to collect the utility fee on our behalf ($2.50 for single family residences) and
charge the City for that service. He asked if there were restrictions on use of the funds. It was
clarified That the money could not be used for repaving unless the street is torn -up relatld to
I
stormwater work. Commissioner Iglesias also explained that DERM requires the first inch of
storm water runoff be treated before it is released into the bay.
Commissioner Iglesias moved, and Commissioner Morrow seconded a motion to app ove
the proposed ordinance, as amended on fast reading. The motion was approv ed ed y a
roll call vote of 5 -0 in favor. Second reading, public heading will be July 15, 1999.
Vote: Commissioner Iglesias res
Commissioner Kauff man yes
Commissioner Morrow
Vice. Mayor Turetsky
yes-
Mayor Samson LOS i
i
i
Summary Miu mes of the June 17. 1999. Regular (;ry rnmrniee ;An ARnar;++r. _ I)--- A _r 1 n
DEC -22 -99 16:58 FRAM -CITY OF SUNNY ISLES BEACH +3059493113 T -785 P.06/11 F -723
8. ORDINANCES FOR SECOND READING (PUBLIC HEA JNGS)
8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUT -IOR CT
THE ISSUANCE OF A UTILITIES TAX REVENUE BOND, SERIES 1999, OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA IN A PRINCIPAL AMOUNT NOi TO
EXCEED $19000,000 FOR THE PURPOSES OF FINANCING ALL OR A PORT 014 OF
THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY IDENTIFIED AS
TRACT A OF THE PERU TOWERS SUBDIVISION AS RECORDED IN P 'AT
BOOK 99, PAGE 66 OF THE PUBLIC RECORDS OF MII,AM -DARE CQ[Ti�tT'='
LOCATED ON NORTH BAY ROAD AND BETWEEN 181ST AND I "
STREETS IN THE CITY FOR USE AS A PARR AND RECREATION AREA OF
PAYING CERTAIN COSTS RELATED THERETO; DETER N NG THE NEED F R A
NEGOTIATED SALE OF SUCH BOND , TO SUNTR.UST BAND, MIAN41, I'3.A.;
PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BOND AND FOR THE
RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAID NG
CERTAIN COVENANTS ' RELA'X'ING TO THE ISSUANCE OF SUCH BQND,
DESIGNATING SUCH BOND AS A "QUALIFIED TAX -EXEMPT 013LIGATI "
WITHIN THE MEANING OF SECTION 255(b)(3) OF THE Ili MRNAL REVENUE CODE
OF 1986, AS AMENDER]; AUTHORIZING THE PROPEL OFFICERS OF THE C TO
DO ALL ,OT TIER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE OF SUCFI BOND; AND PROVIDING FOR AN EFFEC WE
FATE. (City Clerk's note: the title was corrected during the meeting
ACTION: City Clerk Brown- Morilla read the title of the proposed ordinance and City F" ce
�. Director Jack Neustadt introduced the item.
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Public Speakers Jeffrey Erick; Gerry Goodman
Commissioner Iglesias moved and Conunissioner Kauffman seconded a motion to adopt the
ordinance on second reading. Ordinance No. 99 -72 was adopted by a roll call vote o 5 -0
in favor,
Vote: Commissioner Iglesias
C omm:issioner Kauffman yes I
Cornmissmaer Morrow ys
Vice -Mayor Turetsky rimes
Mayor Samson. yes
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8.B• AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTX1'dN A
GENERA., PENALTY FOR VIOLATION of THE CODE OF SUNNY ISLES BEACH,
FLORIDA; F-STAHLISHTNO CODE COMPLIANCE RESPONSWILITY, CRITIC
LIABILITY AND PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABII.ITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A REPEAL ; OF
CONFLICTING PROVISIONS AND AN EFFECTIVE DATE.
ACTION City Cleric , Brown- Morilla read the title of the proposed ordinance and Oty
Attorney Dannheisser introduced the item.
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Public Speakers: Gerry Goodnm; Code & Licensing Enforcement Officer Christopher, teers,
Virginia Wolnowicz; Iry Diamond; Joe Malkin; .Acting Building & Zoning Director Brr5 Ruiz
Conu issioner I .ufEnan moved and Commissioner Iglesias seconded a motion to adapt the
ordinance on second reading. Ordinance No. -73 was adopted by a Broil call votelof 5-0
in favor.
'Pate: Commissioner Iglesias s 'Li
e ! -
I
Commissioner Iuffinan es
Commissioner Morrow
Ms
Vice -Mayor Turetsky yes I
Mayor Samson Yes
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8C. AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLO 3A, ADOPTING A. REVISED FEE SCHEDULE FOR ZG G
HEARINGS AND CERTIFICATES OF USE AND OCCUPANCY ATTAC AS
EXKIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE,
ACTION: City Cleric Brown- Morilla read the title of the proposed ordinance and City r�n,g
& Code Administrator Jorge Vera introduced the item, noting that the County had raiseo their
fees approximately 10% and requested a similar increase in fees.
Public speakers: none
Vice: -Mayor Turetsky moved and Commissioner Kauffinan seconded a motion to adopt the
4" ordinance on second reading. Ordinance No. 99.74 was adopted by a roll call vote f 5 -0
in favor.
Vote: Commissioner Iglesias yes
Commissioner Kaman fires �
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yess �
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9. RESOLUTIONS:
9A, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AUTHORIZING STREET PAVING FOR GOLDE N SHORES
AND AUTHORIZING THE CITY MANAGER TO MAKE AND ENTER IN C A
CONTRACT ON BEHALF Of THE CITY Wn H H &R PAVING, BASED UPON A
COUNTY BID ATTACHED I -MRETO AS E IT "A", IN TTIE AMOtNT OF S TY-
ONE THOUSAND SIX HUNDRED FORTY- THf�EE AND 56/100 (b1,6 3.56)
DOLLARS; PROVIDING FOR AN EFFECTIVE DA'I'S,
ACT-ION: City Cleric Brown- Morilla read the title, and City Manager DiPietro iiatro aced
the item, saying than the Golden Shores storm water Work is being done expeditious yU
Public Speakers: none
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SUMMary Minums of the June 17- 1099. Remilar ir..ity rn mitainn upatfne' Daev, & d ,.�` 1 A
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Commissioner Morrow moved and Vice -Mayor Turetsky seconded a motion to appiove
the proposal. Resolution No. 99 -142 was adopted by a roll call vote of 5 -0 in favor,
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow rimes
Vice -Mayor Turetsky yes
Mayor Samson ves
i
9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY 1S ES
BEACH, FLORIDA, PURSUANT TO SECTION 5.1 OF THE MUNICIPAL CHAR ER,
CALLING FOR A GENERAL ELECTION TO BE HELD ON TUESDAY,
SEPTEMBER. 14, 1999, FOR THE PURPOSE OF SUBMITTING TO ITIE
ELECTORATE OF THE CITY OF SUNNY ISLES BEACH n E NAMES OF
(QUALIFIED CANDIDATES FOR ELECTION TO THE POSMON OF C Y
COMMISSIONER, SEAT 01 (NORTHERN RESIDENTIAL AREA), AND OF C TY
COMMISSIONER, SEAT 03 (SOUTHERN RESIDENTIAL AREA); PROVIDING If OR-
A RUN -OFF ELECTION, IF NECESSARY, TO BE HELD ON TUESDAY, OCTO ER:
12, 1999; PROVIDING FOR CITY COMMISSION DESIGNATION OF TWO
REGISTERED VOTERS WHO SHALL SERVE WITH THE CITY CLERK, CjTY
MANAGER, AND THE CITY ATTORNEY AS THE CANVASSING BOARD FOR S:ID ELECTION; PROVIDING FOR CONDUCTING THE ELECTIONS, VOTING
PRECINCTS, VOTER. REGISTRATION, NOTICE OF ELECTIONS; AND PROVID G
FOR AN EFFECTIVE DATE,
ACTION; City Clerk Brown- Morill.a read the title and introduced the item, requesting f that
the City Commission designate two registered voters to serve on the Canvassing Bo d.
Public Speakers: Judge Manuel Raman j
Nominations for the two registered voters to serve on the Canvassing Booard were mad as
follows: I
Mayor Samson. Manny Pine; Judge Manuel Ramos [declined]; Gene Sweed [unable to
served
Commissioner Kauffman: Norman Edelcup j
Vice -Mayor Turetsky: Jack Waters [unable to serve]
Commissioner Iglesias; Iry Diamond [unable to serve]
Commissioner Morrow: Manny Fine and Norman Edelcup
Commissioner Morrow moved and Commissioner Kam secconded a motion to appr Dve
the names of Manny Pine and Norman Edelcup to serve on the Canvassing Board,
which was approved by a unanimous voice vote of 5 -0 in favor.
Commissioner Morrow moved and Commissioner Kauffman seconded a: motion to appr ►ve
the proposed resolution, including the names of Nanny Pine and Norman Edelcjap.
Resolution No. 99 -143 was adopted by a voice vote of 5-0 in favor. [City Clerk's note:
After the tweeting, it was learned that Mr. 'Edelcup was unable to serve.]
Summary lY inutes of the June 17.. 1999. Remilar Ciry Commi.wall meeting Pn&A'I �f i A �
DEC -22 -99 17:00 FROM -CITY OF SUNNY ISLES BEACH +3059495113 T -785 P.09/11 F -723
9C, A RESOLUTION OF TBE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING
RESOLUTION NCI. 98 -49 AND NOTIFYING THE BOARS OF COUNTY
COMMISSIONERS OF ML -DADS COUNTY AND THE DIRECTOR OF �17HE
MIAMI -DA.DE COUNTY DEPARTMENT OF ENVIRONMENTAL RESO CRS
MANAGEMENT THAT THE CITY WISHES TO EXERCISE ITS OP770NI TO
EXEMPT THE CITY OF SUNNY ISLES BEACH FROM THE PROVISION Off'
91 -66 (CHAP'T`ER 24 OF THE CODE OF MIA'l�rLi -DADE COUNTY); PRO'VIDING OR
TRANSMISSION AND AN EFFECTIVE DATE [stormwater utility]
I
ACTION. City Clerk Brown- Moriila read the title, and City Attorney Dannhe�isser
introduced the item, noting that the City Clerk would be required to send certified c pies
to DERM and to the Board of County Commissioners. City Manager DiPietro said t the
center part of the City needed storinwater improvements, with a projected co t of
$1,300,000, and there was anticipated revenue of $490,000 per year, which wool, he
bonded out to pay for the project. The funds would also be used to pay for the seet
sweeping program.
Public Speakers: none
Commissioner Morrow clarified that no additional funds would he sought from the pr+rty
owners.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve
the proposal. Resolution No. 99 -144 was adopted by a roll affl vote of 5 -0 in f4vor.
. Vote: Commissioner Iglesias
Commissioner Kauffi an ,yes
Commissioner Morrow
yis-
Vice-Mayor Turetsky yes
Mayor Samson
14. MOTIONS: �
i
10A,. POLICE DEPARTMENT WIRING MODIFICATION TO ACCOMMOD TE
EMERGENCY POWER GENERATOR.
ACTION. City Clerk Hrown•MoriIla read the title, and City Manager DiPietro introd ced
the item, noting that the lowest price quote for wiring be awarded to Eddd, Helms Electri for
$7,192.00.
Public Speakers: none �
Commissioner Morrow moved and Commissioner Kauffman seconded a motioli to
approve the proposal. The motion was approved by a voice vote of 5-0 in favot±�
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11. DISCUSSION ITEMS: �
11A. Add -On item: Plannin g � Adviso Committee Role: to City & ]Gaud Parks �
ACTION. City Clerk Brown- Morilla read the title, and City Manager DiPietro explained
that there had been a request for the Planning Advisory Committee to have a voice
deciding the use of the City parks, He recommended that the City Commission alo
decide the use of the 2.84 acre park site at North Bay Road and 178 Drive, sine under
the terms of the County funding it is designated as a passive park. He recommend4that
the Planning Advisory Committee have a voice in recommending the use of the 2.0 1 re
park site at North Bay Road and between 181 s` and 182' Streets, since it was designated
as an active park. Mayor Samson suggested leaving the recommendation for use of the
2.0 -acre site to professionals, with some advice from the Committee. Mayor Sanisor�
suggested a tot lot for the passive park.
Commissioner Iglesias said several members of the Planning Advisory Committee have
requested the City to convene a meeting as soon as possible. He proposed legislation to
provide for a permanent Citizen Planning Advisory Committee, and he volunteered tp be
the Chairperson, in a role similar to what Commissioner Morrow has as Chairperson. For
the Fashion, Film, Entertainment Production Council. [City Clerk's Note: see agend
item 9F, in the November 12, 1998, City Commission Summary Minutes, Resolutio
No. 98 -98.] He requested the City Attorney to draft such a resolution.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to asi
the Planning Advisory Committee to make recommendations on the use of the 210
acre park site at North Bay Road and between 181; and 182 Streets. The motio
was approved by a voice vote of 5 -0 in favor.
11B. Add -On item: Florida League of Cities Annual Conference in Orlando, August 1
21,1999
ACTION- City Clerk Brown- Morilla read the title, and Mayor Samson recommended
that the City Manager and he attended the Florida League of Cities Annual Confereri e
in Orlando. Vice Mayer Turetsky moved and Conunissioner Kauffman seconded the
motion to approve having the City Manager and Mayor attend the Florida Leap' e
of Cities Annual. Conference in Orlando, which was approved by a voice vote of -0
in favor.
1:1C. Add -On item Dade League of Cities
ACTION: Commissioner Kauffman announced that she declined the City Commissio 's
appointment of her as the City's voting delegate to the Dade League of Cities. [City
Clerk's note: see agenda; item 11B in the May 13, 1999, City Couurnission Surnmat'y �
Minutes] �
Commissioner Kauffman moved the nomination of Mayor Samson to be the votin
delegate to the Dade League of Cities. Mayor Samson nominated Commissioner
Kauff nan to be the alternate delegate, but City Manager DiPietro explained that the ity
Commission had already designated Commission Morrow as the alternate during the ,
May 13, 1999 City Commission meeting. Commissioner Iglesias seconded the moths
Summam Minntp-. nf'the Jima 17 1949 Racmilmr P .#k, P"..,.e.iw.,. wAd _, __ n__ n _,vi A
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nominating Mayor Samson to be the voting delegate to the Dade League of Cites,
which was approved by a voice vote of 5-0 in favors
I
11D. Add-On item: "Welcome Boost" /+Code Enforcement
ACTION- During discussion of 9 -B, City Manager DiPietro explained that the C_ 1tv had
issued a "Welcome Book," copies of which were distributed during the meeting, I was
suggested that the City publicize our Code Enforcement activities and better expl the
regulations. Acting Building & Zoning Director Bob Ruiz promised to prepare a boo et to
send to all condo Boards regarding compliance with City Codes.
i
12+ REQUESTS, PETITIONS & OTHER COMMUNICATIONS
12A. During discussion of item SA, Jeffrey Erick volunteered to help the City create a chil 's
Police Athletic League (PAL). Mayor Samson asked him to come speak with him. Later
in The meeting Mr. Erick asked if the City could have the street repaving work done I aster
(he lives on 189 Street) M1 Gulden Shores, since the dust is dangerous to his son wh had
just had a liver transplant.
12B. Virginia Wolnowicz of Florida Ocean. Club Condominium, 172 and Collins Avenue,
complained that she had been verbally tbrcatened wd abused by another condominiur unit
owner in her building (condo association president) . She said she had sought Police advice.
She then asked for the City's help. Mayor Samson suggested she go to "Florida and
Sales." Commissioner Kauffman suggested that the Police citizen liaison might be soml one
who could speak with the individual to try to mediate. ,I
Ms. Wolnowicz also asked if it was illegal to feed stray cats on the streets. Commissioner
I5'aufiinan said there were citizen volunteers who were capturing wild cats to have then ,
neutered and released. Police Lt. Rick Feisthammel said it was not illegal to feed stray Cats.
13. ADJOURNMENT:
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adjou the
meeting. The motion was approved by a unanimous voice vote of 5 -0 at 9.-00 p.m. �
espect ly submitted by: Approved b City Co 'ss' n on Julyl 5,1 � 99.
_ r _
l charrd Brown. MOrilla, City Clerk Davi Samson Mayor
y
ATTENTiON ALL LORE ' TS: CITY LAW REQUIRES YOUR I�GISTRATION PRIOR TO LOBBYING. PL ASE
! NTAC £ t1TY'CLERK FOR FORMS AND ADDITIONAL INFORMATION.
SuI1913Iw Miauies of the June 17. 1999. kemlar Citv C'nmmicaeinrn 7 n _r i n
Sent By: OFFICE OF THE VILLAGE CLERK; 305 385 8914; Dec -22 -99 20:40; Page 2
MINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 12, 1999
COUNCIL CHAMBER
85 VJFST MCINTYRE STREET, SECOND FLOOR.
1, CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7.00 p.m. Present were Councilmembers Scott Ease {arrived 7:10 p.m.), Alan H. Fein,
Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayer loe I. Rasco.
Councilmember Martha F. Broueek was absent. Also present were Village Manager C, Samuel
Kissinger, "pillage Clerk Conchita H. Alvarez and Village Attorneys David Wolpin and Richard
Weis$.
2. INVOCATION: Father Gabriel Sinisi, Saint Christopher's -icy -tire -Sea, gave the invocation.
Mayor Rasco welcomed Father S'inisi to the "Village of Key Biscayne.
3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance.
4, SPECIAL PRESENTATIONS: There were no special presentations,
5. PUBLIC COMMENTS: The following residents addressed the Council: Camille
Guething, 250 Seaview Drive; Jim Asher, 381 West Heather Drive.
6. AGENDA: The Attorney requested to substitute Item 10B by an ordinance as Item 8A;
Mayor Rasco requested the addition of a discussion concerning sending a letter to affected residents
regarding the sanitary sewer as Item I IA4; Councilmember Fein requested the addition of a Buick
report regarding traffic circles as Item 1 l A5,. Councilmember 01dakowski requested the addition of
a brief discussion regarding the compensation study as Item I. i A6. There were no objections to the
agenda changes.
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October 12, 1999
7. CONSENT AGENDA: The minutes of the Special Council Meeting of July 23,1999, the
minutes of the Regular Council Meeting of September 16, 1999 and the minutes of the Second
Budget Hearing of September 21, 1999 were approved by unanimous consent.
g- ORDINANCES; The Clerk read the fallowing ordinance, on first reading, by title:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA APPROVING AGREEMENT FOR COLLECTIONy TRANSPORTATION, AND
DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE
BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC.;
PROVIDING AN EF'F'ECTIVE DATE.
Vice Mayor Han made a motion to adopt the ordinance on first reading. The motion was seconded
by Councilmember Fried.
The Manager addressed the Council regarding this ordinance stating that BF1 was the low bidder.
The ordinance was approved on first reading by a 6-0 roll call vote. The note was as follows:
Councilmembers Bass, Feint, Fried, 01dakowski, Vice Mayor Han and Mayor Rasco voting Yes.
The Clerk announced the second reading of this ordinance for October 26, l 49!9.
9. PUBLIC HEARING FOR SOLID WASTE FEE: The Clerk read the followirng, resolution
by title:
A;R.IESOLUi`ION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, REVISING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR
THE PRO'VIIDING OF RECYCLING SERVICES; AMENDING FEES PROVIDED BY
RESOLUTION 95-9, REPEALING RESOLUTION 95 -9; PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Han trade a motion to approve the resolution. The motion was seconded by
Councilmember 01dakowski.
The Mayor opened the public hearing. There were no speakers present. The Mayer closed
the public hearing.
The molution was adopted by a 6-0 roll call vote. The vote was as follows- +Councilmembers Bass,
Feign, Fried, Oldakowski, 'dice Mayor Han and Mayor Rasco voting Yes.
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October 12, 1999
10. RESOLUTION9: The Clerk read the fallowing %-:solution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNK FLORIDA; EXPRESSING
SYMPATHY IN THE DEATH. OF JACQUELINE V. DE LEON AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Rasco made a motion to approve the resolution. The motion was seconded by
Co uncilmember Fein and adopted by a fi-E,1 voice vote. The vote was as follows: Councilmembers
Bass, Fein, Fried, Oldakowski, Vice Mayer Han and Mayor Rasco voting Yes.
The Clerk read the following resolution by title:
A SOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING FOR APPOIN'TMENTS TO THE ZONING ORDINANCE
REVIEW COMMITTEE AS PROVIDED FOR IN RESOLUTION NO. 99.8; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Han made a motion to approve the resolution appointing +Conchita Suarez and Michael
Kahn to the ZORC Committee, The motion was seconded by Councilmember 01dakowski and
adopted by a 6-0 voice vote. The vote was as fellows: Councilmembers Bass, Fein, Fried,
01dakowski, Vice Mayor Hare and Mayor Rasco voting 'des,
The Clerk read the following resolution by title;
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISSCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH GORGEOUS LAWNS, MIAMI, FLORIDA, FOR THE
INSTALLATION OF LANDSCAPING, PAVERS, AND BENCHES WITHIN THE
EASEMENT ADJACENT TO THE FERNWOOD ROAD PERIMETER OF THE
BI, LLSOIUTH PROPERTY, :89 WEST WOOD DRIVE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Mayor
Itasca.
The Manager addressed the Council regarding this resolution,
The resolution was adopted by a 5 -1 voice vote. The vote was as follows: Councilmernbers Fein,
Fried, 01dakowski, Vice Mayor Man and Maya Rasco voting Yes. Councilmember Bass voting No.
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October 12, 1999
The Clerk read the following resolution by title;
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO AWARD A: SIDEWALK CONSTRUCTION CONTRACT
FOR WEST WOOD DRIVE AND WEST HEATHER DRIVE TO MEF CONSTRUCTION,
INC.; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Fried made a motion to approve the resolution. The motion was seconded by 'Vice
Mayor Han.
The Yager addressed the Council regarding this resolution stating that after the contractor finishes
working on the traffic calming devices on Island Drive, a work order will be issued to start the work
on West Heather Drive, The traffic calming devices on West Wood Drive are can held due to the
proposed sanitary sewer project,
Tony Nolan, Williams Hatfield Stoner addressed the Council regarding the sidewalks
recommeding that the sidewalks be built 8' fromm the edge of pavement.
Vice Mayor Han made a motion to accept the enginemrs recomrnendatior: to build a 5' sidowalk, 8'
from the edge of pavement on the south side of West Heathen- Drive and on the south side of West
Wood Drive from Harbor Drive to Curtiswood Drive and on the north side of Nest Wood from
Curdswood Thrive to Crandon Boulevard as indicated in the plans. The motion was seconded by
Councilmember Makowski.
The following residents addressed the Council: Dean Holderman, 228 West Wood Drive,
Meg Holderman, 228 West Wood Drive; Jinn Asher, 381 West Heather Drive.
There was extensive discussion from Council regarding this issue.
The Attorney addressed the Council regarding the sidewalks.
The motion was approved by a 42 roll -call vote. The vote was as follows; Councilmernbers Bass,
Fried, 01dakowski and Vice Mayor Han voting Yes. Councilmember Fein and Mayor Rasco voting
NO.
Meg Holderman, 228 West Wood Drive addressed the Council.
The resolution was. adopted by a 5-1 voice vote. The vote was as follows: Councilm+ernbers Fein,
Fried, Oldakowski, Vice Mayor Han and Mayor Rasco vesting Yes. Councilmember Bass voting No.
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October 12, 1999
it. REPORTS AND RE COMMENDATIONS: The following items were discussed.
' .Q1 n� d Conci me Firs. 'Mayor Resco addressed the CoundI regarding the mement at the
Beach Park with a possible solution to the problem and that is that the East Enid Drive msidents will
be able to use the Sunrise Drive easement.
Manuel Arias, 217 East Enid Drive, President of Gardens of Ivey Biscayne addressed the
Council.
Councilmerrn:i er Bass addressed the Council regarding a request from Miami: Dade County in
reference to the Dr. Handwerker Monument. The Manager was dieted to look into this matter.
Vice Mayor Hart made a motion to request that the Village Attorney draft a resolution stating the
Council's position on future referenda that do not follow submission procedure in the Village
Charter. The motion was seconded by C+ouncilmember Fein and failed by a 3 -3 voice vote. The vote
was as follows: Councilmembers Fein, Fried and Vice Mayor Han voting Yes. Councilmembers
Bass, Dldakowski and <Mayor Rasco. voting No.
The Attorney addressed the Council regarding the above motion.
Mayor Masco made a motion to mail out a letter informing the affected property owners in regard
to the final bearing stn November 9, 1999 in reference to the sanitary sewer system with basic
information regarding the items to be discussed at the meeting. The motion was seconded by
Councilmomber Olda%owski and approvcd by a 6-0 voice vote. The, vote was as follows:
Councilmembers Bass, Fein, Fried, 01dakowski, Vice Mayor Hatt and Mayor Rasco voting Yes.
Couneilmember Fein addressed. the Council regarding the beautification of traffic circles on West
Mashta Drive,
Cormcilmember Gldakowski addressed the Council regarding the compensation study for the
Village, stating that this item will be brought before Council within the next two months.
Village Attcrnev. The Attorney addressed the Council informing them that a letter will be sent to
them regarding two litigation matters dealing with zoning items,
The Village ,attorney addressed the Council regarding the urgency of an Executive Session regarding
Crandon Park. It was the consensus of Council to hold an Executive Session on Friday, October 15,
1999 at 8.00 a.m.
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October 12, 1999
At this time it was the consensus of Council to discuss Item 11135. The ,attorney addressed. the
Council regarding the acquisition of the 560 Crandon Boulevard property stating his
recommendation not to close on this property.
Elaine Cotten, Weiss Serota Helfman Pastoriza & Guedes addressed the Council regarding
this issue.
Vice Mayor Man made a motions to terminate the contract to purchase the above mentioned property.
The motion was seconded by Councilmember Hass. Vice Mayor Han withdrew his motion.
There was extensive discussion from Council on this issue.
Coancilmember Bass made a motion to terminate the contract to purchase the above mentioned
property. The motion was seconded by Mayor Rasco and failed by a 2-4 voice vote. The vote was
as follows: Councilmember Hass and Mayor Rasco voting Yes, Councilmembers Fein, Fried,
Oldakowski and Vice Mayor Han voting No.
Councilmember Fein made a motion to ,go .ahead with the closing to purchase the above mentioned
property, The motion was seconded by Vice Mayor Hatt and approved by a 4-2 voice vote. The vote
was as follows: Councilmembers Fein, Fried, 01dakowski and Vice Mayor Han voting Yes.
Councilmember Barg and Mayer Rasco voting No.
iliag Clerk, The cleric submitted the Certification of the Special Election held October 5, 1999.
Vice Mayor Han made a motion accepting the certification of the October 5, 1999 Special Election
ults as presented by the Clerk. The motion was seconded by Councilmember Fein and adopted
by a 5-0 voice vote. The vote was as follows., Councilmembers Bass, Feist, Fried.:, Vice Mayor Han
and Mayor Rasco voting Yes. Councilrwrnber Oldakowsid was out of the room at the time the vote
was taken.
Man Wa=. 7bo Manager submitted. to Council a report regarding the proposed Fire Station.
John C. Gilbert, Chief of Fire Rescue, addressed the Council regarding the new proposed Fire
Station. At this time Chief Gilbert introduced the new Deputy Fare Rescue Chief, Franklin Barron.
The Massager addressed the Council announcing that the Finance Director has submitted his letter
of resignation.
The Manager addressed the Council reporting on the transportation issue within the 'Village. The
Chamber of Commerce will hold a symposium regarding this issue within the next two weeks and
will have a final report to Council by the end of the year.
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October 12, 1999
The Manager submitted to Council an update regarding the Village's Y2K compliance.
The Manager presented to Council a Hurricane Preparedness report pmpamd by the Fire Rescue; and
BZP Departments.
The Manager addressed the Council regarding the speed limits within the Village starting that the
Chief of Police is working on a study that will be ready by the end of the year.
The Manager addressed the Council regarding a request from Richard B. Pinsky, the 'pillage's
Lobbyist and the Vice Mayor regarding the Village's program for the year 2000 and any other issue
that the Council would like to be involved with.
It was the consensus of Council that the Manager date, a list of issues that tite Village would like
to be involved with for the year 2000 and bring it before Council at a future meeting.
12. OTHER BUSlINESSIGE ERAL DISCUSSION; There was no further business discussed..
13. SCHEDULE OF I+UrURE MEETINGS& VENTS: A schedule of future meetings and
events was presented to the Council.
14. ADJOURNMENT-. The meeting was adjourned at 9:40 p.m.
Re e*c,, rt11y submw+dr
Conehita H Alvarez, CMC
VlUage Clerk
Approved this &h day qfj2dakr, 1999:
,Joe L Rasco
x1aye
IFA PERSONDECIDES TO APPEALANY DECISION MADE BY THE VIU AGE COUNCIL
i lrfl RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SU'C'H PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLVDES THE T ESTIMONYAND EVIDENCE UPON WHICH
THE APPEAL. IS TO BE BASED.
Dec -21 -99 03 :50P CITY MANAGER 305 4668919 P.02
C to y of MINUTES
CITY COMMISSION MEETING
A,lifit
TUESDAY, SEPTEMBER 7, 'l999
.. . I I= 6 PM
~ Biscayne Medical Arts Center
,«+ 21110 Biscayne Boulevard Suite 101
Y` Aventura. Florida
11. CALL TO ORDERIROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur L Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers - Libert,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney- Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE. Chief Tom Ribel led the pledge of allegiance.
3. ZONING HEARINGS -- SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex -pate communications by Commissioners, if any, were disclosed and filed with
the City Clerk in accordance with Ordinance 96 -49. All witnesses giving testimony in
these hearings were sworn in by the City Clerk.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION- OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500
GALLON ABOVE - GROUND FUEL STORAGE TANK FOR AN EMERGENCY
GENERATOR IN THE RMF4, MULTI- FAMILY HIGH DENSITY RESIDENTIAL
ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS
ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY;
PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Commissioner Holzberg
disclosed his conflict of interest, filed the appropriate disclosure form and did not
vote on this issue. A motion for approval of the resolution was offered by
Commissioner Periow and seconded by Vice Mayor Rogers- Libert. Mayor
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03:51P CITY MANAGER 305 4668919 P.03
Snyder opened the public hearing. The following individual(s) addressed the
Commission: Brian Damit, Seamar Petroleum, South Miami. There being no
further speakers, the public hearing was closed. The motion for approval of the
resolution passed unanimously, .S -0, and Resolution No. 93-46 was adopted.
4.
APPROVAL OF MINUTES; A motion to approve the minutes of the August 3,
1999 Commission Meeting, and the August 25, 1999 Workshop Meeting was
offered by Vice Mayor Rogers- Libert, seconded by Commissioner Berger and
unanimously passed.
6.
AGENDA: REQUESTS FOR DELETIONSIEMERGENCY ADDITIONS: None,
6.
SPECIAL PRESENTATIONS: Joe Abell, Director of Parks and Recreation for
the City of Coral Gables, presented the Agency Excellence Award to the
Aventura Community Services Department from the Florida Recreation and Park
Association, Robert Sherman, Community Services Department Director,
introduced members of his staff and the community who were instrumental in
receipt of this award.
7.
CONSENT AGENDA:
Commissioner Berger requested removal of items 7C, 7E and 7F and
Commissioner Holzberg requested removal of item 7G, all from the Consent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers- Libert, seconded by Commissioner Berger, unanimously passed
and the following action was taken:
A. Resolution No. 99-47 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
EASEMENTS FOR DECORATIVE STREET LIGHTING AND
LANDSCAPING FOR NORTHEAST 207TH STREET IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING EASEMENTS;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
S. Resolution No. 9946 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR
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COMMISSION TRAVEL AND EXPENSES, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.`
D. Resolution No. 99-49 was adopted as follows:
A RESOLUTION _ OF THE CITY COMMISSION - OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF
BARBARA BRIGHTON AND PATRICIA CROOK TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS ADVISORY
BOARD IN ORDER TO FILL VACANCIES; AND PROVIDING AN
EFFECTIVE DATE,
The following items were removed from the Consent Agenda and addressed
separately:
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF ORDINANCES BY CREATING SECTION 2 -380
"RESTRICTION ON ACTIVITIES BY CITY LOBBYIST" OF ARTICLE VI
"LOBBYING ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION;"
PROHIBITING ANY PERSON RETAINED BY THE CITY TO SERVE AS
A LOBBYIST FROM LOBBYING THE CITY DURING THE TERM OF
SERVICE AND FOR A PERIOD OF ONE YEAR AFTER COMPLETION
OF SERVICE; PROVIDING PENALTY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR SEVERABILITY PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers -Libert and seconded by
Commissioner Beskin. The motion for approval failed 3-4, with Commissioners
Beskin, Perlow and Vice Mayor Rogers- Libert voting yes and Commissioners
Berger, Cohen, Hoizberg and Mayor Snyder voting no.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH
AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE
42 EAST CITY OF AVENTURA, MIAMI -DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
The following individuals addressed the Commission: Janet Laine, 3900 Island
Blvd., and Clifford Schulman, Esq., representing Williams Island. A motion to
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Dec -21 -99 03:52P CITY MANAGER 305 4668919 P.05
t
defer this matter until the October 5, 1999 meeting was offered by Commissioner
Berger and seconded by Vice Mayor Rogers- Libert. The motion for deferral
passed 5 -2, with Commissioners Holzberg and Perlow voting no.
F. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND
RECREATION" BY CREATING SECTION 33 -2 "PARKS AND
RECREATION USER FEES"; AUTHORIZING USER FEES TO BE
PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES,
ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE,
A motion for approval was offered by Vice Mayor Rogers- Libert and seconded by
Commissioner Holzberg. Commissioner Berger requested that item C2 be
clarified to read $25 per hour per person. Commissioner Holzberg requested the
user fees be clarified to provide that there will be no per team registration charge
for youth sports. The motion for approval, as amended, passed unanimously by
roll call vote.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN &
HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1999; 'AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT
LETTER; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Rogers- Libert. An amendment was offered by Commissioner
Perlow, seconded by Commissioner` Holzberg and unanimously passed to
provide a maximum fee cap of $22,500. The motion for approval of the
resolution as amended, passed unanimously and Resolution No. 99 -50 was
adopted.
8. PUBLIC HEARING: ORDINANCES -- FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF. THE CITY OF AVENTURA, FLORIDA AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE
NO. 99-09, BY AMENDING SECTION 1203 ' ENTITLED "REPAIR OR
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11100
AGENDA ITEM #
FROM: Charles D. Scurry Comm. Mtg. 2/15/00
City Manager ai Zoning Task Force
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING SUSAN
REDDING AND JOHN EDWARD SMITH TO SERVE ON THE ZONING
TASK FORCE; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City Commission by Resolution No. 253 -99- 10876 created a Zoning Task
Force. This Task Force is charged with the responsibility of reviewing and
making recommendations to the City Commission regarding necessary and
useful revision to the Land Development Code. Each individual being appointed
has demonstrated leadership and professional capabilities and represents
various geographic areas of the City. The expiration date of the appointments
shall expire at the conclusion of the assigned task. Mayor Robaina sponsored
this resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE;
APPOINTING SUSAN REDDING AND JOHN EDWARD SMITH
TO SERVE ON THE ZONING TASK FORCE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Resolution No. 253 -99 -10876 created a Zoning Task Force
charged with the responsibilities of reviewing and making recommendations to the
City Commission regarding necessary and useful revisions to the Land
Development Code; and
WHEREAS, the City Commission desires to appoint to the Zoning Task
Force individuals with leadership and professional capabilities, representing
various geographic areas of the City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Commission hereby appoints Susan Redding and
John Edward Smith to the Zoning Task Force.
Section 2. The expiration date of the appointment shall expire at the
conclusion of the assigned task.
Section 3. 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 52000.
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by everlg.
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive Phone No. 30S-663-6310
South Mand, F4 33143 Fax No. 3OS-663-6348
I Name: j0+44
'7E (Please print)
2. Home Address: C00R— 600rb
3. Business Address., P 0 • tax L31 551-1 SOO —(A U(A A t (S"
4. Home Phone No. l (PG,4 • Business Phone No. �• �
S. Education Background;
i -q [Pr.
AA. A-. 1 t UwlUeias'TYl or- tAOMC-r-,A-MS
(-tP,4*an/wL. UST CAMCITe
6. Community Service: -600rW KA % A-,%%, coeA eA • MAS-Ceh Me. T)lvr-4FbPB 4s C4-Z , -
Vlao o PA - 6'AiattA - C- T11:1,7
SSW Tr_ (4 p,
Ls3&:t>,ajL6R-F_ "kAvAl, Vp_
eoo"ril- FQCKJlW4.G -5A6nxx- ct Thfo'' ".
S. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes V/ No-
10. Do you have a bu
,,siness in the City? Yes Vl No
11. Eth;ni ?
rigin?
A 0
An o Ai �i� Hispanic American
rneri -V/,4friran American — Other
Date 2 /Z000
THIS APPLICATION WILL REMAIN ON ME FOR ONE YEAR
ftilsedI12000
T 0 * ci St'29299902 IWtIIW Hinos Ao Aiio wl!;, -L!R.-eT nHI 00-1Z—NI: f
JOHN EDWARD SMITH
7531 Southwest 64th Court . Miami, Florida 33143
Telephone 305.665.2838 . TeleFAX 305.665.2930. email: iesmiami @earthlink.net
SUMMARY OF EXECUTIVE RESPONSIBILITY Sc QUALIFICATIONS
Institutional Development & Management. Marketing & Public Relations
Special Projects Producer & Director. Personal Management
Baccalaureate and graduate degrees and in excess of twenty years professional
experience with well defined skills in:
-- organizational development
- management & administration
public relations /mark -eting
-- communications & special events
PROFESSIONAL EXPERIENCE
1982 - Present. Free -lance consultant & Frincipal of
Make Sinith & Associates, Inc.
Specialization in image management, marketing and public
relations; institutional management and organizational development; personal
management & representation. Sefved as in- house /staff management counsel for
institutions on a project basis.
1979-1982, Director of Development, Florida Fhilhar monic.
Coordinated the volunteer effort of the Greater Miami
community leadership in the organization and successful execution of the
Crescendo Campaign, a $3.5 million fund- raising campaign ...initiated
innovative solicitation and marketing strategies ...created collateral materials
...developed five -year institutional plan ...prepared major grant applications to
governmental agencies and foundations ...planned special events.
1970-1979, Catholic Charities, AI'chdlocese of Miami
Director, Office of Program Services.
Member of senior executive staff responsible for monitoring
and planning for $7 million multi- service agency ...initiated and conducted
program management audits ...developed MBO planning for 40 agency
directors. [Prior assignments: Director, Criminal Justice /Substance Abuse
Division, Central Office; Executive Director, St. Luker Centel.]
1964-1970. Educator.
Private secondary schools in New York City and Miami.
Instructed in the following fields: accounting, business law, economics,
creative writing, philosophy and religious studies. Chaired two academic
departments; publications advisor.
COMMENDATIONS & ELECTED POSITIONS HELD
Executive Committee & Charter Member, Greater Miami Chamber of
Commerce "Leadership Miami" 1979 Conference. Alumni Association,
Treasurer 1979 -81; Vice- President 1981 -82.
President, Archdiocese of Miami Employees Credit Union, 1977 -80.
President, Florida Drug Abuse & Alcohol Programs Association, 1974 -1977
President Emeritus, Florida Drug Abuse & Alcohol Programs Association.
Vice President, Spectrum Programs, Inc., 1977.
President, Board of Directors, Switchboard of Miami, Inc. 1983 -85.
Founding Volunteer, MIAMI'S FOR ME Campaign, 1981.
Socio D'Onore (Honorary Member). Gru= Sbandier tori del Palio dAsti
(Italy), Conferred 1984.
Golden Award of Excellence, National School Public Relations Association .
(1987) for initiating annual Mayors' Leadership Breakfast event.
Diploma di Merito (1989). Conferred by the Armninistrazione Provinciale di
Asti and the Associazione Trifolau Astigiani e Monferrini, in recognition as
producer, "LEsvosiziMe Gastlonofnica e Vnicola ; an event to promote the
Province of Asti, Italy.
Chairman, Office of the Mayor, South Miami Community Marketing Task
Force, 1992 -96.
Chairman, South Miami Community Development Council, City of South
Miami "& Chamber South, 1996 -99.
Founding Member, Miami -Dade County - Province of Asti Sister City
Committee, Active member since 1985.
President, Bike Miami Inc., 1999 - Present.
ACADEMIC BACKGROUND
Major fields of study: Business Administration, Social Sciences and the
Humanities.
B.A., 1965 Marist College -on- Hudson, Poughkeepsie, N.Y.
St. John's University, Jamaica, Long Island, N.Y.
M.A., 1970 University of Notre Dame, Indiana
Pel sonal and ,pz ofessional references are a vailable upon request.
CITY OF SOUTH 3HA11 11; OARDICO SIMITTEE A PI'.F,ICA T10 ,`\T
61.39 Sunset Dri►,e
South Mianrl, FL 33143
13hone No. 305•,663 -6340
Fax No. 305-f63-6348
1. Name: 36SAN PERRY REDDING
(Please print) - — - - - --
2, Home Address: 7930 SW 5r, Court South Miarrni 331,13
3. Business Address: 9130 South Dadel and Blvd 1400 Miami 331Z,6
4, Home Phone No, 305 661 7316 Business Phone i\o.
FAY 305 667 2439
5, EducOion Background:
GBA Univ. iMiawi
—Gcd Univ. Miami
CL tl i �e Ay�erican tollege, ChrC rer ,i;ari
6. Community Service:
SR Co;- mRktee, historic- Preservation Board, ucrr Avenue, ;,iatiyes of _Dade,
r,!r;erlcan usIness Worens Assn, Life lJnderwriter's PSSr1, inewQod ._
e'rieL ry Board, Al I icance for,- Youth, Com-,"wni ty Devel orar, cm C_r -Uori I
native Plant Soci eta . South Miarcri_Garde Oub, 3 R>MA
S. Are you $ registered voter? Yes - �i No
> No
9. Are you a resident of the City 4'es
? --
10, Do you have a business in the Ciry? Yes
I t , Ethnic Origin?
Ariglo Arnerican X African Amerir,an _ Hispanic America:__ , Wier
Signature el CC a4 c.�. 1.� Crt ,�_��, T Aatc 1- 21
/i
TMS APPLICATIOIN WILL REMAIN' ON FILE FOR O 'NE YEAR
trr~:s«t 1 %zo�a
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 11, 2000
From: Charles D. Scuff Re: AGENDA ITEM #
City Manager Commission Mtng. 2/15/00.
, ra General (Non- Union) Employee Financial
Adjustment for FY 1999/00
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE GENERAL (NON- UNION) EMPLOYEE
FINANCIAL ADJUSTMENT FOR FY 1999/00, CONSISTING OF: (A) A 3.0% COST OF
LIVING ADJUSTMENT (COLA) EFFECTIVE OCTOBER 1, 1999; AND (B) A ONE TIME
.50% CASH PAYMENT; AND MAKING APPROPRIATE CHANGES TO THE PAY PLAN.
BACKGROUND & ANALYSIS
The City of South Miami has three "groups" of employees: (1) Sworn police officers represented
by the Police Benevolent Association (PBA); (2) Certain classifications of employees, primarily
in Public Works and Parks and Recreation Departments, represented by the American Federation
of State, County, and Municipal Employees (AFSCME); and (3) "General" or non -union
employees. There are approximately 70 General Employees consisting of classifications
including professional, clerical and administrative employees and non -sworn police personnel
such as communications officers.
An agreement has been reached between the City and AFSCME which provides for a 3.0%
COLA and retroactive improvements to the pension system. The pension improvements provide
a benefit to employees who were hired prior to 1995.
It is recommended that a three percent (3.0 %) COLA, the same as AFSCME, be approved for
General Employees. It is also recommended that a one time payment of one half percent (.5 %)
be approved for General Employees. This is in recognition of the fact that the retroactive
pension adjustment is not applicable to most General Employees.
The provision of a one time payment of one half percent, in lieu of an equivalent COLA, will
provide the following the General Employee with a meaningful one time cash payment in
recognition of different pension benefit received by AFSCME. It will also provide the City with
the perpetual salary base savings necessary to fund the pension benefit.
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GENERAL
(NON- UNION) EMPLOYEE FINANCIAL ADJUSTMENT FOR FY 1999/00,
CONSISTING OF: (A) A 3.0% COST OF LIVING ADJUSTMENT (COLA)
EFFECTIVE OCTOBER 1, 1999; AND (B) A ONE TIME .50% CASH
PAYMENT; AND MAKING APPROPRIATE CHANGES TO THE PAY
PLAN.
WHEREAS, in recent years, the City has maintained a policy of adjusting the general
(non- union) employee pay plan on an annual basis, simultaneously with implementation of the
union employee contracts, in order to avoid salary compaction in the pay plan; and
WHEREAS, it is desirable and fair to make the general employee adjustment at this time
to coincide with the ratification of AFSCME bargaining unit contract; and
WHEREAS, an adjustment including both a cost of living adjustment and a one time
cash payment is in the interests of both the employees and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. An adjustment for general (non- union) employees consisting of. (a) a three
percent (3 %) cost of living adjustment, effective October 1, 1999; and (b) a one time one half
percent (.5 %) cash payment, is approved.
Section 2. The City Manager is authorized to make appropriate changes to the pay plan
reflecting the cost of living adjustment.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2000.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
CITY OF SOUTH MIAMI
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INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 11, 2000
From: Charles D. Scurr
fool
Re: AGENDA ITEM #
City Manager Commission Mtng. 2/15/00.
AFSCME Collective Bargaining
Agreement
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO APPROVAL OF COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; FOR THE
1999/00 AND 2000/01 FISCAL YEARS.
BACKGROUND & ANALYSIS
The City has been engaged in negotiations with the American Federation of State, County, and
Municipal Employees (AFSCME) for a number of months. The existing Agreement has an
annual negotiation clause for the Cost of Living Adjustment (COLA).
As negotiations proceeded it became clear that pension issues were of major concern to many of
the members. The City made it clear that pension issues could only be addressed under a multi-
year agreement and that the level of COLA would be a major determining factor in the City's
financial ability to improve the pension system
The City and AFSCME have reached a two -year agreement for the 1999/00 and 2000 /01 fiscal
years. The agreement provides for a three percent (3.0 %) wage increase effective October 1,
1999 and a three percent (3.0 %) wage increase effective October 1, 2000, for the fiscal years
1999/00 and 2000/01 respectively.
The agreement further provides for improvements to the General Employee Pension Plan by
increasing the pension multiplier to two one - eighth percent (2.125 %) effective October 1, 2000,
for all members from their participation date through September 30, 1996. The multiplier will be
increased to two and one quarter percent (2.25 %) effective October 1, 2001, for all members
from their participation date through September 30, 1997.
The union rank and file voted unanimously on February 9, 2000 to accept the agreement.
The cost of implementing the wage portion of the agreement is included in the Non -
Departmental General Contingency account of the current fiscal year's budget. The pension
multiplier changes will have no impact in the 1999/00 fiscal year budget. Over the long term the
cost of the pension improvement will be covered by the perpetual savings from the 3.0% COLA.
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER
AFSCME) FOR THE 1999/00 AND 2000/01 FISCAL YEARS.
WHEREAS, the City Manager and the AFSCME, have reached a Collective Bargaining
Agreement for the 1999/00 and 2000/01 fiscal years; and
and
WHEREAS, the agreement was ratified by the union rank and file on February 9, 2000
WHEREAS, the agreement provides that:
(a) All bargaining unit employees who are employed in positions covered by the
unit on the date this agreement is approved by the City Commission shall receive a
three percent (3 %) wage increase effective October 1, 1999, for the 1999 /2000 fiscal
year.
(b) All bargaining unit employees who are employed in positions covered by the
unit on the date this agreement is approved by the City Commission shall receive a
three percent (3 %) wage increase effective October 1, 2000, for the 2000/2001 fiscal
year.
(c) The pension multiplier shall be increased to two one - eighth percent
(2.125 %), effective October 1, 2000, for all bargaining unit members, as part of
General Employees pension plan improvement, from their pension participation date
through September 30, 1996.
(d) The pension multiplier shall be increased to two and one quarter percent
(2.25 %), effective October 1, 2001, for all bargaining unit members, as part of
General Employees pension plan improvement, from their participation date through
September 30, 1997.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. That the City Commission hereby accepts the aforementioned amendments to
the agreement between AFSCME and the City of South Miami.
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Section 2. That the City Manager is hereby authorized to implement the amendments to
the agreement on behalf of the City of South Miami.
Section 2. That this resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 12000.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11 /00
Cot
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/15100
City Manager Community Relations
Board
THE REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
RELATIONS BOARD; AMENDING SECTION 2.26.6 OF THE CITY OF
SOUTH MIAMI CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
BACKGROUND
The attached ordinance sponsored by Mayor Robaina, on for first reading
amends Section 2.26.6 of the Code of Ordinances to: 1) increases the
membership of the Community Relations Board from 15 to 17 members; 2)
provides that the two additional appointees shall be individuals between the
ages of 18 and 25.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26.6
OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, Section 2 -26.6 (a) of the City of South Miami
Code of Ordinances currently provides that the composition
of the Community Relations Board shall be comprised of
fifteen (15) members. The members shall be diverse,
religious, and ethnic.
WHEREAS, the Mayor and City Commission of the City of South
Miami desire to increase the membership by two (2) additional
members between the ages of (18 -25).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 2 -26.6 (a) of the South Miami Code
of Ordinances is hereby amended to read as follows:
"Sec. 2 -26.6 Community Relations Board
(a) Created. There is hereby created a community
relations board for the City. Said Board shall consist
of-1-5 17 members, with two appointees between the ages of
18 and 25. The members shall be diverse religious, and
ethnic. These individuals shall be selected because of
their leadership role in their own groups."
Section 2. If any section, clause, sentence, or phrase
of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions
of this ordinance.
Section 3. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are repealed.
1 Section 4. This ordinance shall take effect immediately
2 upon approved.
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4 PASSED AND ADOPTED this
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7 ATTEST:
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12 CITY CLERK
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14 1St Reading -
15 2nd Reading -
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17 READ AND APPROVED AS TO FORM:
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20 CITY ATTORNEY
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day of
Approved:
rw".A WN 7
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Russell:
2000.
§ 2 -26.5 SOUTH MIAMI CODE § 2 -26.6
get based upon the estimated cost of public improve-
ments; recommend ways and means of financing such
public improvements and the objective priority for their
provisions; utilize the comprehensive land use plan infor-
mation in analyzing land use, population trends, eco-
nomic pressure and general development potential in
terms of the financial capital of the city in making public
improvement projects.
(fl There shall be a commission liaison to the board.
(Ord. No. 1293, §§ 1 -6, 9- 15 -87; Ord. No. 1424, §§ 1, 2, 6 -6 -89;
Ord. No. 1446, §§ 1 -6, 3 -6 -90)
Sec. 2 -26.6. Community relations board.
(a) Created. There is hereby created a community relations
board for the city. Said board shall consist of 15 members. The
members shall be diverse religious, and ethnic. These individuals
shall be selected because of their leadership role in their own
groups.
(b) Appointment and terms of members. Members of said board
shall be appointed by the mayor with the advice and consent of
the city commission and shall serve until March 1, 2000. Appoin-
tees shall thereafter serve for a period of two years or until their
successor is appointed, whichever comes later.
(c) Chairman and vice- chairman. The members shall meet
promptly and select a chairman and vice - chairman by a majority
vote of the board.
(d) Quorum. A quorum for meeting of the board shall be a
majority of the members of the board.
(e) Duties. The duties of the board shall be as follows:
(1) Meet at least once every three months.
(2) To foster mutual understanding, tolerance and respect
among all economic, social, religious, sexual orientation,
people with special needs, age and ethnic groups in the
city.
(3) To make studies in the field of human relations.
Supp. No. 56 20.2
§ 2 -26.6 ADMINISTRATION § 2 -26.7
(4) To attempt to act as conciliator in controversies involving
community relations.
(5) To co- operate with federal, state, county and city agencies
in developing harmonious community relations.
(6) To co- operate in the development of educational programs
dedicated to the improvement of community relations
with and to enlist the support of civic leaders; civic,
religious, veterans, labor industrial, commercial and el-
eemosynary groups; and private agencies engaged in the
inculcation of ideals of tolerance, mutual respect and
understanding.
(7) To make studies, and to have studies made, in the field of
community relations, and to prepare and disseminate
reports of such studies.
(8) To recommend the city commission such ordinances as
will aid in carrying out the purposes of this section.
(9) To submit an annual report to the manager and city
commission.
(10) To accept grants and donations in behalf of the city from
foundations and others for the purpose of carrying out the
above listed functions, subject to approval by the city
commission.
(Ord. No. 1136, §§ 1 -5, 4- 20 -82; Ord. No. 11 -98 -1659, § 1,
7- 21 -98; Ord. No. 17 -98 -1665, § 1, 9- 15 -98)
Sec. 2 -26.7. Commercial development board.
(a) There is hereby created a commercial development board of
the City of South Miami, Florida. Said board shall consist of ten
(10) members.
(b) Initial members of said board shall be appointed by the
mayor with the advice and consent of the city commission and
shall serve until March 1, 1991. Subsequent appointees shall
thereafter serve for a period of two (2) years or until their
successor is appointed.
(c) Members shall select a chairperson and vice chairperson by
a majority vote of the board.
Supp. No. 56 20.3
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2/11/00
rC407 AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 2/15/00
City Manager a4 Pension Board
THE REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION BOARD;
AMENDING SECTION 16 -20(a) OF THE CITY OF SOUTH MIAMI
CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
BACKGROUND
The attached ordinance sponsored by Mayor Robaina, on for first reading
amends Section 16 -20(a) of the Code of Ordinances to: 1) increases the
membership of the Pension Board from five to seven members; 2) provides that
the two additional appointees shall be individuals with financial backgrounds; 3)
provides for the appointment of two active employees by the Mayor with the
advice and consent of the City Commission; and 4) provides for the designated
appointment of one active employee member by the City Manager.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PENSION
BOARD; AMENDING SECTION 16 -20 (a) OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, Section 16 -20(a) of the City of South Miami Code of Ordinances
currently provides that the composition of the Pension Board shall be comprised of five
(5) members consisting of the Mayor; one (1) active employee of the City and two (2)
citizens electors of the City, all to be appointed by the Commission, and one (1) active
employee of the City elected by a majority of the active employees of the City; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
increase the membership by two (2) additional members with financial backgrounds; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. Section 16 -20 (a) of the South Miami Code of Ordinances is hereby
amended to read as follows:
"Sec. 16 -20. Pension Board
(a) The pension board shall be comprised of f) seven 7 members
consisting of the Mayor, one -�1'_ two active employees of the City, -_and two
(2) citizen electors of the City, and two individuals with financial
backgrounds all to be appointed by the mayor with the advice and consent
of the City Commission, and the appointment, of one (1) active employee of
the City elect °a by � ,,,.,;,.,;�, „fthe .,etiy° employees of the City as define
in +''i° ° ° +io„.desi agn ted by the City Manger. No pension board member
shall receive any compensation or emolument for services on the pension
board. WEith the exeeption of the meiyor-, Tthe board members shall each
serve for a period of two years, or until their successors are appointed,
which appointment shall be evidenced by an acceptance in writing or such
appointment. - - -- The .... May-or ---- and ---- Comtmssio ... shall ---- serve ---- as, ... an .... interim
board, . n board until appointment and qualifications of the board as proN4de
1h. Per- e. in., . . � aU duties and pr-erogatives of said
the board shall be appointed and qualified widtin thirty (30) days from
date of section [August 5, 19861. A member of the pension board may
resign by delivering his written resignation to the city clerk, and such
resignation shall become effective upon its delivery or at a later date
specified therein. If, at any time there shall be a vacancy in the
Additions shown by underlining and deletions shown by everstr-ildng
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membership of the board, provided there are not less than three- {J).. five,(5)
members, the board shall continue to act until such vacancy is filled as
provided above.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this day of 12000.
ATTEST:
CITY CLERK
1St Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
\S.Q•n
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by everstr46ag.
§ 16 -19 SOUTH MIAMI CODE § 16 -20
(c) The employer shall pay the reasonable expenses of the
pension board, including any expenses for legal and actuarial
services.
(Ord. No. 528, 12 -7 -65; Ord. No. 1544, § 4, 9- 21 -93; Ord. No. 1595,
§ 5, 11 -7 -95)
Sec. 16 -20. Pension board.
(a) The pension board shall be composed of five (5) members
consisting of the mayor, one (1) active employee of the city and
Supp. No. 51 228.14.02
§ 16 -20 PENSIONS § 16 -20
two (2) citizen electors of the city, all to be appointed by the city
commission, and one (1) active employee of the city elected by a
majority of the active employees of the city as defined in this
section. No pension board member shall receive any compensa-
tion or emolument for services on the pension board. With the
exception of the mayor, the board members shall each serve for a
period of two (2) years, or until their successors are appointed,
which appointment shall be evidenced by an acceptance in writ-
ing of such appointment. The mayor and commission shall serve
as an interim pension board until appointment and qualification
of the board as provided herein, exercising all duties and prerog-
atives of said board, provided that, the board shall be appointed
and qualified within thirty (30) days from the date of this section
[August 5, 19861. A member of the pension board may resign by
delivering his written resignation to the city clerk, and such res-
ignation shall become effective upon its delivery or at a later date
specified therein. If, at any time there should be a vacancy in the
membership of the board, provided there are not less than three
(3) members, the board shall continue to act until such vacancy is
filled as provided' above.
(b) The board shall hold meetings upon such notice, at city
hall, and at such times as its members may from time to time
determine. A majority of the members of the board at the time in
office shall constitute a quorum for the transaction of business.
All action taken by the board at any meeting shall be by vote of
the majority of its members present at such meeting; provided,
however, the board may act without a meeting by unanimous
action of its members evidenced by a resolution signed by all such
members.
(c) Subject to the terms of this plan, the pension board may
from time to time adopt bylaws, rules and regulations for the
administration of the plan and the conduct and transaction of its
business and affairs.
(d) The pension board shall have such powers as may be nec-
essary to discharge its duties hereunder; including but not lim-
ited to, the power to interpret and construe the plan, to determine
all questions of eligibility for benefits, duration of employment,
computation of benefits, value of benefits and similarly related
Supp. No. 50 228.14.1
VW INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 11, 2000
1
Agenda Item #
From: Charles D. Scurr Comm Mtg. 2/15/00
City Manager Re: Amending Ord. No. 8 -99 -1682
to extend parking modifications
REQUEST
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.
The purpose of the 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. In addition, the City Commission recently created a Zoning Task Force,
which will be reviewing the Land Development Code including the Hometown District
Overlay Ordinance. It would be appropriate to allow additional time to complete the
review and for considering possible amendments. The attached ordinance amends the
May 1999 ordinance by extending the modifications and suspensions for nine (9)
additional months.
RECOMMENDATION
It is recommended that the attached proposed ordinance be adopted on first reading.
Attachments:
Proposed ordinance
Ordinance No. 8 -99 -1682
I ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
6 MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY
7 REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION
8 OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
9 ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
10 MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION
I I 20- 4.4(G) AND SECTION 20- 4.4(H) _PROVIDING FOR SEVERABILITY, ORDINANCES IN
12 CONFLICT AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development
16 Code all allow for a reduction in required off street parking; and
17
18 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the
19 need to reevaluate parking regulations contained within the South Miami Land Development Code; and
20
21 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99 -1682,
22 modifying and suspending the Land Development Code sections referred to above for a period of nine
23 months ;and
24
25 WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an
26 adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
27
28 WHEREAS, the necessary evaluation and studies are not sufficiently completed to determine what
29 amendments are needed; and
30
31 WHEREAS the City Commission has recently appointed a Zoning Task Force which will review the
32 Land Development Code including the Hometown District Overlay Ordinance; and
33
34 WHEREAS, it is appropriate to provide an additional nine(9) months to evaluate and review the
35 provisions of the Land Development Code which allow for parking reductions.
36
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
39 THE CITY OF SOUTH MIAMI, FLORIDA:
40
41
42 Section 1. That Section 1 of Ordinance No. 8 -99 -1682, adopted by the City of South Miami City
43 Commission on May 4, 1999 is hereby amended to read as follows:
44
45 Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B) of the South
46 Miami Land Development, entitled "Required Parking," are hereby modified for a period of wee
47 {4} ei hg teen (18) months for the purpose of reviewing the effects and appropriateness of the
48 adjustment provisions on the future developments, as follows:
49
50 Section 2 That Section 2 of Ordinance 8 -99 -1682, adopted by the City of South Miami City
51 Commission on May 4, 1999 is hereby amended to read as follows:
52
53
1
2
Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special
3
Parking Permit, "`is hereby suspended for a period of nhie -(4}ei hg teen (18 months for the
4
purpose of evaluating the effects and appropriateness of this provision on future developments.
5
6
Section 3 That Section 3 of Ordinance 8 -99 -1682, adopted by the City of South Miami City
7
Commission on May 4, 1999 is hereby amended to read as follows
8
9
Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit, " is
10
hereby suspended for developments within the boundaries of the Hometown District for a period
11
of mine (9) eighteen (18) months for the purpose of evaluating the effects and appropriateness of
12
this provision on future developments within the Hometown District.
13
14
Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
15
Or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
16
Remaining portions of this ordinance.
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Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
19
hereby repealed.
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Section 6 This ordinance shall take effect immediately upon being approved.
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PASSED AND ADOPTED this day of , 1999
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ATTEST: APPROVED:
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CITY CLERK MAYOR
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COMMISSION VOTE:
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Mayor Robina:
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Vice Mayor Russell
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Commissioner Bass:
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Commissioner Bethel:
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Commissioner Feliu:
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READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
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Page 2
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48 Note: New wording underlined; wording to be removed indicated by sty i'-e
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 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.
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
f9} eighteen (18) months for the purpose of reviewing the effects and appropriateness of the
adjustment provisions on the future developments, as follows:
Section 2 That Section 2 of Ordinance 8 -99 -1682, 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(M, entitled "The MetroRail Usage Consideration via Special
Parking Permit, is hereby suspended for a period of nine f4-eighteen (181 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 -1682, 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 Distract for a period
of n&e-(9) eighteen (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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1999
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robina:
Vice Mayor Russell
Commissioner Bass:
Commissioner Bethel:
Commissioner Feliu:
Page 2
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ORDINANCE N0. 8 -99 -1682
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT
SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY,
EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND
EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission continue to support and promote
growth that is responsible and that contributes positively to the well being of the
community; and
WHEREAS, the Mayor and City Commission are committed to encouraging and
supporting the small property owners and local merchants in the development and
redevelopment of their properties; and
WHEREAS, the Mayor and Commission wish to respond to the impact of The
Shops at Sunset Place on the downtown parking supply; and ;
WHEREAS, the impact of the Shops at Sunset Place on the downtown parking
supply has highlighted the need to reevaluate the parking regulations contained in the
South Miami Land Development Code; and
WHEREAS, the Mayor and City Commission desire to afford City Staff and
citizens with an adequate time period to reevaluate the City's parking regulations and
propose any necessary changes; and
WHEREAS, the Mayor and City Commission find that it is in public interest to
modify and suspend certain parking provisions in the Land Development Code; and
WHEREAS, both the Planning Board and the Hometown District Parking
Committee have reviewed and approved the ordinance with comments which are
incorporated herein and
WHEREAS, the Mayor and City Commission continue to provide leadership in
areas of community concerns.
NOW. THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIA-Ml. FLORIDA:
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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 nine (9) months for the purpose of reviewing the effects and
appropriateness of the adjustment provisions on the future developments, as follows:
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. On- street spaces adjacent to a lot shall count toward the parking
requirements for that lot; a partial space longer than I V shall count as a full
space.
2. Where arcades are optional, buildings with arcades shall receive an
additional 5% reduction in the required number of spaces.
3. In addition to the above, one of the following may apply:
a. Two -story buildings shall receive a 15% reduction in the required
number of spaces.
b. Buildings of two or more stories with uses from two of the three use
categories provided herein under "Permitted Uses," each use
constituting no less than 30% of the gross floor area, shall receive a
30% reduction in the required number of spaces.
1
C. Buildings of three or more stories with uses from each of the three
use categories provided herein, each use constituting no less than
25% gross floor area, shall receive a 45% reduction in the required
number of spaces.
w buildings greater than 250.000 soft.. changes o
identified in subparagraphs (2) and (3), above, shall require the affirmative
vote of four (4) members of the City Commission and follow those
procedures established for special use permits as set forth in Section 20-
5.8(B ) through (F), and shall follow those procedures for public hearings set
forth in Section 20 -5.1 'through 20 -5.6.
5. For new buildings not exceeding; 250.000 sgft.. changes of use and
additions not exceeding 10,000 square feet. the allowable parking
adjustments identified in subparagraphs (2) and (3). above, shall continue to
be as provided.
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Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via
Special Parking Permit," is hereby suspended for a period of nine (9) months for the
purpose of evaluating the effects and appropriateness of this provision on future
developments.
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 nine (9) 'months for the purpose of evaluating the effects and
appropriateness of this provision on future developments within the Hometown District.
Section 4: The ordinance shall not apply to any development for which an
application for development permit was submitted prior to the 1" reading.
Section 5: All ordinances, resolutions and parts thereof, in conflict with this
ordinance shall not be in force and effect during the time period of this ordinance.
Section 6: If any section, clause. sentence. or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7: This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this 4th day of May 1999.
ATTEST: APPROVED:
}
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM: e-- ", / (�� &, , �, ,,
CITY ATTORNEY
1st Reading: 3/2/99
2nd Reading: 5/4/99
COMMISSION VOTE: 5--0
Mayor Robaina: Yea
Vice Mayor Oliveros: Yea
Commissioner Feliu: Yea
Commissioner Bethel: Yea
Commissioner Russell: Yea
c:\ \parking modification studv ord.doc\ Planning Board
pia" DAN"
From: Charles D. Scuff
City Manager
REQUEST
Agenda Item # Z Z
Re: First Reading: Lease Agreement
with SPG Phase One, Ltd., for a Mixed
Use /Joint Development Parking Garage
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
Project 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 58th 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 (R 198 -97- 10168, Attachment 1).
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 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 six
evolutions of the project for consideration by the City.
The first evolution occurred shortly after the initial RFP. SPG expanded the scope of the project to
include the property at the corner of 73`d Street and 58th 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 (R 53 -99-
10677, Attachment 2).
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 ( Attachment 3).
At the City's suggestion, SPG & Richman resumed discussions. On October 1St and 14th, SPG presented
an enhanced project that once again included the Richman property (Attachments 4 & 5). 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
♦ 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 conditions were fully analyzed, that a
modified project would be submitted (Attachment 6).
In December 1999, SPG submitted their "final" project. That project, which is the subject of this lease
agreement, includes the following:
• Area — The City of South Miami Parking Lot and the Richman property;
• Parking Spaces
♦ Total Spaces — 332
♦ City Replacement Parking — 73
♦ Code Required Parking — 168*
♦ Net New Parking Available 100% - 91
♦ Net New Parking Available Nights & Weekends — 203
• Mixed Uses
♦ Retail @ 29,530 SF
♦ Office @ 35,000 SF
♦ Residential @ 0 Units
The geometry of the final project includes the following:
• Ground Level — Retail
• Second Level —100% Parking
• Third & Fourth Level — 50% Office; 50% Parking
• Roof — 100% Parking
The height of the building is approximately 54 feet. The allowable height in the Hometown District is 56
feet. The project, as expected in a garage facility, will include maximum lot coverage. The developer
plans to construct the facility to enable the addition of two additional levels, should they be needed and
allowed at some point in the future.
Financial Considerations
Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the framework of the
Lease agreement (Attachment 7).
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 also continue to enforce (e.g. ticket) on the entire 2„d level and
retain its normal revenue from this activity. This financial arrangement is beneficial to the
City over the long term in that the minimum rent can now escalate over time as parking rates
increase. The initial revenue from parking meters is estimated at approximately $100,000.
The final agreement does not include any cash rental payment to the City during construction.
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
proj ect.
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 $50,000 annually from parking
meter enforcement.
Source Amount
Parking Meters
$100,000
Percentage Rent
30,000
Ad Valorem Taxes
50,000
Occupational Licenses
5,000
Parking Enforcement
50,000
Sum $235,000
The current revenues from the surface lot are approximately $76,000 from parking revenues
and $50,000 from parking fines.
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 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 license revenue
received by the City.
The analysis of the final project in comparison to the original project in terms of parking is more complex.
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%
was 126 spaces and the Net New Spaces Available Nights and Weekends was 133 spaces.
As the project evolved, the optimal project from a parking standpoint was the October 1999 project. This
project included 493 total spaces, with a net gain of 284 spaces 100% of the time and 316 spaces available
on nights and weekends. This project is no longer under consideration because it was withdrawn by SPG
in November 1999 after they concluded that, based on market conditions, it was not financially feasible.
The "final project" includes a total of 332 spaces. The Net New Parking Available 100% is 91 spaces and
the Net New Parking Available Nights and Weekends is 203 spaces. The project is, therefore, slightly
less advantageous from a development perspective and more advantageous from a night and weekend
retail parking perspective.
Project
Total
Net 100%
Net Nights and Weekends
Original
257
126
133
Final
332
91
203
The implications of approval of this project from the hometown development perspective are:
• Small Projects - At some point within the foreseeable future, probably within the next 5 years,
surplus parking to support smaller developments will be exhausted. The City will then be
required to: (a) not allow additional small developments; (b) provide relief from parking
requirements; (c) acquire and /or build additional surface and /or structured parking; or (d)
utilize whatever surplus parking, if any, may be available from new mid -size or larger
developments.
• Medium and Large Projects — Mid -size and large projects will be required to provide all
required parking on site. This is physically possible but will require increased lot coverage
allowances.
The proposed Lease is attached (Attachment 8)
Attachments:
1. September 12, 1997 City Commission Resolution (R 198 -97- 10168) authorizing negotiations
With SPG
2. March 2, 1999 City Commission Resolution (R 53- 99- 10677) accepting the proposed
Framework for the Lease Agreement with SPG
3. September 7, 1999 First Reading of the Ordinance for the Lease Agreement with SPG
4. October 1, 1999 Letter from SPG Counsel with the inclusion of the Richman property
5. October 14, 1999 Letter from SPG Counsel elaborating on the inclusion of the Richman
property
6. November 11, 1999 Letter from SPG Counsel regarding the financial feasibility of the
project
7. February 11, 2000 memorandum from Luis Figueredo re: Proposed framework for a new Lease
Agreement
8. Proposed Lease Agreement
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A LEASE WITH SPG PHASE ONE, LTD.
FOR CONSTRUCTION AND OPERATION OF A MULTI -USE
PARKING GARAGE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami is the owner of property located at S.W. 73 r
Street on the south, S.W. 58th Avenue on the east, S.W. 58tH Court on the west and an
alleyway on the north, which is currently used for surface parking; and,
WHEREAS, the Mayor and City Commission, desiring to develop a multi -use
parking facility on the property, issued a Request for Proposals on June 20, 1997; and,
WHEREAS, the response by SPG Phase One, Ltd. was selected by the Mayor and
City Commission; and,
WHEREAS, the parties have engaged in. extensive negotiations over the terms and
conditions of the agreement for the construction and management of the parking facility,
which are contained in the proposed Lease Agreement between the City of South Miami,
as Landlord and SPG Phase One, Ltd., as Tenant (the Agreement); and,
WHEREAS, the Mayor and City Commission have determined that it is in the
bests interests of the City of South Miami to enter into the proposed Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Lease Agreement between the City of South Miami, as Landlord
and SPG Phase One, Ltd., as Tenant, draft dated February 11, 2000, which is annexed to
this ordinance, is approved.
Section 2. The City Manager is authorized to execute the Agreement on behalf
of the City of South Miami.
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, the holding
shall not affect the validity of the remaining portions of this ordinance.
Additions shown by underlining and deletions shown byg.
I Section 4. All ordinances or parts of ordinances in conflict with the provisions
2 of this ordinance are repealed.
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4
Section 5. This ordinance shall take effect immediately upon approved.
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PASSED AND ADOPTED this
day of , 2000.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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1St Reading —
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2" d Reading —
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16
COMMISSION VOTE:
17
READ AND APPROVED AS TO FORM
Mayor Robaina:
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Vice Mayor Feliu:
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Commissioner Wiscomb:
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CITY ATTORNEY
Commissioner Bethel:
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Commissioner Russell:
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Additions shown by underlining and deletions shown by ^ °�.
'7To*c,yo 9ENr
RESOLUTION NO. 198 -97 -10168
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTI -USE
DEVELOPMENTIPARKING GARAGE, AWARDING A PROJECT FOR
DESI.G,N,: CONSTRUCTION, LEASING AND MANAGEMENT OF A- MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73 WD STREET, S.W. 58th AVENUE, AND
S.W. 58TH COURT_ TO PHASE I,. INC.-.,
WHEREAS, the City of South Miami issued a request for
proposals for design, constr- Lion, leasing and management of a
mixed -use development and parking garage with a primary objective
to replace the ex,i.sting parking, meet parking requirements. of the,
mixed -use element of the project, and to provide additional
short -team parking for the area merchants, to be located on city -
owned property at S.W. 73x6 Street, S.W. 58t"' Avenue, and S.W. 58t"
Court; and
WHEREAS, two proposals were received by the city in response
to the Request for Proposal from: 1) Tropicaire_ Development,
Inc., ` and 2 ) Phase 1, Inc and,
WHEREAS, both proposals have been reviewed by the city's
consulting engineering firm, C3TS for technical compliance, with
one proposal receiving 81.5 points and the other proposal
receiving 80 points under their scoring system (see attached
correspondence from C3TS); and
WHEREAS, both proposals have been reviewed by the Hometown
District. Parking Committee.,_ a. committee charged with, oversight of.
the supply, convenience, safety and management of parking in the
Hometown District, The Hometown District Parking Committee
determined that both proposals submitted represent viable
proJeGts,_ with_ a 3 -2 vote. supporting their recommendation (see
attached minutes); and
WHEREAS, the below named project most closely meets the
ob7ective, of the_ city to respond to an existing and growing
parking shortage in the city's downtown retail district and
provides strongest financial return to the city,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission award the
project to Phase I for design, construction, leasing and
management of a multi- use /parking garage development to be
located on city- owned property at S.W. 73 =d Street, S.W. 58th
'fa
Avenue, and S.W. 58th Court.
Section 4. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 16 th day of Sep
ATTEST: ... 1, dirg
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF SOUTH MIAMI
v INTER- OFFICE MEMORANDUM
To: Mayor and Commission Date: September 12, 1997
Agenda Item # O
Fr . ennis tt Subject: Comm. Mtg. 9/16/97
City Manager Parking Garage/Mixed -use Project
The attached resolution will award the proposed project for design, construction, leasing and
management of a mixed -use development and parking garage to provide additional parkin on
the existing municipal parking lot located at SW 73' Street, SW 58`h Avenue, and SW 58
Court.
Two proposals were received in response to the City's Request for Proposal:
Tropicaire Development, Inc.
Phase 1, Inc.
The proposals have been reviewed, and minutes of the Hometown District Parking Committee,
and the analysis prepared by the city's consulting engineering firm, OTS, are attached for your
review.
Due to delays in convening a quorum of the Hometown District Parking Committee, the City
Manager's review and recommendation has not been prepared for distribution at time of
issuance of this agenda package. This recommendation will be made available on September
16, prior to the Commission meeting.
SUMMARYMINUTES
HOMETOWN DISTRICT PARIENG COMAUTTEE
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1997
Conference Room
5:30 P.M.
I. CALL TO ORDER
A. Dr. Anna Price, Mayor, called the meeting to order at 5:47 p.m.
H. ROLL CALL
A. Mayor Anna Price; Ms. Lidia White; Mr. George Wilson; Ms. Cathy McCann; Mr. Michael
Comras
B. Ms. Diana Morris, Assistant to the City Manager; Mr. Ron Stroyne, Parking Director; Brian
Soltz, Planner
III. REQUESTS FOR REVIEW
A. Submittals received in response to the Request for Proposal (RFP)
1. The Committee reviewed the two proposals received in response to the City's RFP for a
mixed -use development project in the Hometown District.
a. Mr. Javier Salmon, of C3TS, the City's consultant on the matter, began by referencing their
letter to Ms. Diana Morris, dated August 21, 1997, which transmits the firm's findings to the
City.
b. Mr. Salmon continued by elaborating on the specifics of the letter, including the evaluation
criteria used to assess the two proposals submitted to the City.
c. During review, particularly in consideration that both proposals were rated closely in total
number of points, Mayor Price inquired as to whether both teams had the ability to successfully
complete the project, and Mr. Salmon responded affirmatively.
d. As review continued, the Committee considered a range of issues, including financial matters,
parking issues, project design questions, and Hometown Plan concerns.
HDPC Min 09/11/97 1
77
x.;...
T
SUMMARYMINUTES
HOMETOWN DISTRICT PARIENG COMAUTTEE
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1997
Conference Room
5:30 P.M.
I. CALL TO ORDER
A. Dr. Anna Price, Mayor, called the meeting to order at 5:47 p.m.
H. ROLL CALL
A. Mayor Anna Price; Ms. Lidia White; Mr. George Wilson; Ms. Cathy McCann; Mr. Michael
Comras
B. Ms. Diana Morris, Assistant to the City Manager; Mr. Ron Stroyne, Parking Director; Brian
Soltz, Planner
III. REQUESTS FOR REVIEW
A. Submittals received in response to the Request for Proposal (RFP)
1. The Committee reviewed the two proposals received in response to the City's RFP for a
mixed -use development project in the Hometown District.
a. Mr. Javier Salmon, of C3TS, the City's consultant on the matter, began by referencing their
letter to Ms. Diana Morris, dated August 21, 1997, which transmits the firm's findings to the
City.
b. Mr. Salmon continued by elaborating on the specifics of the letter, including the evaluation
criteria used to assess the two proposals submitted to the City.
c. During review, particularly in consideration that both proposals were rated closely in total
number of points, Mayor Price inquired as to whether both teams had the ability to successfully
complete the project, and Mr. Salmon responded affirmatively.
d. As review continued, the Committee considered a range of issues, including financial matters,
parking issues, project design questions, and Hometown Plan concerns.
HDPC Min 09/11/97 1
e. Motion: Mayor Price moved approval to recommend Team Number 1, or Phase I, Inc., for the
project based on the following reasons (1) income to the City; (2) number of parking spaces; and
(3) number of lease years after 50 years.
f. Motion died for lack of second.
g. Consideration of the matter continued, particularly in regard to financial concerns, including
financial return, for the City as they involve the two projects.
h. Second motion: Ms. Lidia White moved approval to recommend Team Number 2, or
Tropicaire Development, Inc., for the project. Ms. McCann seconded the motion.
i. Vote: Approved: 3 Opposed: 2
(Mayor Price)
(Mr. Comras)
IV. MINUTES
A. Minutes from the August 8, 1997 meeting.
1. Motion: Ms. McCann moved approval of the Minutes for August 8, 1997, as submitted. Ms.
White seconded the motion.
2. Vote: Approved: 5 Opposed: 0
V. REMARKS
A. There were none.
VII. ADJOURNMENT
A. There being no further business before the Committee, the meeting was adjourned at
approximately 6:15 p.m.
B. Respectfully,
1.
Mayor
2.
Staff Liaison
"City of Pleasant Living"
HDPC Min 09/11/97 2 14
August 21, 1997
Engineers City of South Miami
Architects 6130 Sunset Drive
P l a n n e r s South Miami, Florida 33143
ATTENTION: Ms. Diana Morris
Assistant to the City Manager
REFERENCE: RFP for Mixed Use Development
C3TS Project No.: 1929 -03.01
Dear Ms. Morris:
EB0005022 We are in receipt of the additional information requested by your office from the two
AAC002 1 42 submitting developers. As stated in our meeting on the evening of August 8th, this
information was requested in order for us to complete our review and make our
recommendations to the Parking Committee. We have reviewed the information and
revised our evaluation form and are enclosing the same for your review.
Based on the proposals submitted together with the additional information requested, we
feel that both Phase I and Tropicaire have done exceptional work in preparing very
competitively proposals. Both proposals exhibited creativity, well thought out financial
planning and unique approaches to this development. However, when both proposals are
weighed in accordance with the R.F.P., evaluation criteria as set forth in Section 3
paragraph 4, sub section D, the results are as follows:
Criteria Panel
Evaluation /Qualifications
Financial Ability
Financial Return (year 2)
Overall Design
Phase I
N/A
10*
25 pts.
25 pts. ($77,938.00)**
2 * *.
80
Tropicaire
N/A
19* -
25 pts.
13.5 pts. ($42,009.00)
24 * **
81.5
Therefore, it is our recommendation to the Hometown District Parking Committee that they
recommend to the City Manager and Council to enter into negotiations with the number
one rank team ( Tropicaire Development, Inc.) and in the event negotiations be
unsuccessful, that negotiations be commenced with the second rank team (Phase I
Development).
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Equal Opportunity Employer
Ms. Diana Morris
August 21, 1997
Page 2
Should you have any questions or comments, please do not hesitate to call us.
Sincerely,
Corzo C,astella Carballo Thompson Salman, P.A.
F. S Iman, R.A.
resident
JFSIer
Relates to the review of development proposal, team and feasibility - total quality
points.
** Parking income adjusted due to special exception requirement (194 spaces).
* ** Adherance to hometown plan.
cc: L. Dennis Whitt, City Manager
William Mackey, City Planner
Earl Gallup, Esq., City Attorney
C:119294)3 %1 LO82197. D M
'g..
G3TS RPage 'l °of
29 -03 011AIXED DEVELOPMENT "SUBMITTAL.SUMMARY 21/9`
.USE
TEAM NO. 1
TEAM NO.2
Project Financial Q.P.
Project Financial Q,P
1.01
Total Cost: $3,550,000.00 0
1.01
Total Cost: $4,487,450.00
1.02
Equity: $ 887,500.00 0
1.02
Equity: $2,087,450.00
(Equity required from City = 0)
1.03
Soft Cost: $ 300,000.00 0
1.03
Soft Cost: $ 733,000.00
1.04
Gross Income: $ 678,768.00 -
1.04
Gross Income: $ 420,089.00 /year 1
1.05
Gross Expense: $ 513,052.00 -
1.05
Gross Expense: $ 329,222.00 /year 1
1.06
Net Income: $ 165,716.00 -
1.06
Net Income: $ 90,867.00 /year 1
1.07
Income to City: $44,000 year 1 1
1.07
Income to City: Minimum`$30,000.00 /year 1
(10 %° Gross Income - Building)
1.08
Projected Escalation Rate: N/A
1.08
Projected Escalation Rate: 1.15%
1.09
Income to City: $38,860 (5% of gross income) +
1.09
Income to City: $46,020.00 /year 10
$44,000.00 = $82,860 year 10 1
1.10
Finance Term: 20 year / ? % 0
1.10
Finance Term: 30 years / 9 %
1.11
Lease Term: 50 years 1
1.11
Lease Term: 99 years
1.12
Financial Statement 1996: Yes 0
1.12
Financial Statement 1996: Yes
1.13
Net over Gross 1996: N/A 0
1.13
Net over Gross 1996: 18.4%
1.14
Net over Gross 1997 to July 23: 16% _
TOTAL Q.P. 3
TOTAL Q.P.
Comments:
Comments:
1. Estimated construction cost appears low due to
1. Assumes 100% lease -up in first year.
low soft costs.
k
2. Projected construction period of 6 months is
2. Costs for parking - 257 spaces @ 300 SF /Space
divided by $1,790,000.00 = $23.00 /SF
unrealistic.
3. Flex space rent projection may be low.
3. Debt to equity of 75125 appears low.�.Q;�
.
4. Contingency is 5% of Building Const. Cost.
4. For 20 year financing, amortization schedule
Y 9, -
does not appear to
j
F:.
5. Money for tenant improvements during lease -u
to be tenant.
work will need clarification
negotiated with
5. No Performa provided.
_
6. Revised Performa shows arkin loosing P 9 9 mone
6. Contingency is projected @ 2 %.
(14,210).
�a
`+� r
C`3TS ` E N Y s� Page 2 3
w.
#1,929 -03 01 MIXED USE DEVELOPMENT SUBMITTAL SUMMARY ' - 8121197
..�
TEAM NO. 1
TEAM NO. 2
Project Physical O.P.
Project Physicai Q.P.
2.01
Project Size Total: 100,100 S.F. 1
2.01
Project Size Total: 78,600 S.F. 0
2.02
Retail: 15,000 S.F. -
2.02
Retail: 14,991 S.F. -
2.03
Office: N/A -
2.03
Office: 18,650 S.F. (Flex) 1
2.04
Parking: 77,100 S.F. Est. -
2.04
Parking: 37,500 S.F. -
2.05
Other: 8.000 S.F. -
2.05
Other: 7,459 S.F. (circulation /common) -
2.06
Parking Spaces: 257 1
2.06
Parking Spaces: 125 0
2.07
Basement: N/A -
2.07
Basement: N/A -
2.08
1 st Floor: Retail 1
2.08
1 st floor: Retail 1
2.09
2nd Floor: Parking /Office - Retail -
2.09
2nd Floor: Parking -
2.10
3rd Floor: Parking -
2.10
3rd Floor: Parking -
2.11
4th Floor: Parking -
2.11 `
4th Floor: Office/Residential 1
2.12
5th Floor: Parking (Roof Level) -
2.12
Conforms to "Home Town Overlay District": No* 1
2.13
Conforms to "Home Town Overlay District": No* 0
2.13
(See Below)
(See Below)
TOTAL Q.P. 3
TOTAL Q.P. 4
Comments:
Comments:
*1. Alleyway at rear (north) access removed due to
1. Travel distance and organization of uses will
ramp.
probably require sprinklers -cost will increase.
*2. No arcade or canopy shown.
*2. 67' width of ramp does not allow for retaining
71,.
3. Internal radii for turns in parking will reduce total
alleyway as shown on home town plan.
count by approximately 16.
3. Area under ramp will need to be blocked in.
4. Mechanical equipment well will require forced
-
4. FPL vault and area too big.
y.
ventilation.
*5. Trash area too small - will need more dumpsters.
5. Large vehicle delivery will conflict with ground
No access to trucks.
floor parking.
-
6. Turning radii for parking after Ramp 2 is non-
6. Special exception required for use of roof as
conforming without losing 4 spaces. Could be
parking. Section 20 -7.22 will reduce parking to
solved by extending parking plate over arcade
194.
as per 20 -7.9, 20 -7.8. of HTPOO
--
*7. Arcade /Colonade depth less than 8' -0" clear
along 58th Avenue and 73rd Street.
8. No elevation along S.W. - Will not preserve
;R < .
street facade.
9. Project is overall feasible with minor
modifications.
f ,� ry b� ^; , . x � ; • 'P"ge 3of
^ � �� � y a..', # �Tt.�.�` ar'�� <.�x• _ .. ;a
#1929=03 01' , MIXED USE DEVELOPMENT SUBMITTAL SUMMARY ° 8121/97
. .. ..,.. #:d3 .''k r.. ,3. rb„... K+�. -x• .. ... -. .... ... .. -. ,. >.t .�..:..' ..,.,.x +!: .`rtII45t�.$ab .35
TEAM NO. 1
TEAM NO.2
Development Team Q.P.
Development Team Q.P.
3.01
Developer: Phase I, IncJWalbridge Aldinger /Garrit
3.01
Developer: Tropicaire Development, Inc.
Construction 1
3.02
Ownership: Albert S. Elias, Gwynn M. Elias, and L.
3.02
Ownership: Richard W. Ogden - 100%
Jeffrey Lane, G.P. 0
3.03
Experience:1980 Development/1972 Construction 0
3.03
Experience: 1984 Development
3.04
Est.: 1997 0
3.04
Est.: 1997 C
3.05
Max. Dev.: $37,500,000.00 0
3.05
Max. Dev.: $28,000,000.00 -
3.06
Min. Dev.: N/A ($300,000.00) -
3.06
Min. Dev.: $1,600,000.00
3.07
Architect: Ferguson Glasgow Schuster Solo, Inc. -
3.07
Architect: R.J. Hiesenbottle Architects, P.A.
3.08
Contractor: Walbridge Aldinger /Garrit Construction 1
3.08
Contractor: N/A
3.09
Urban Planner: N/A -
3.09
Urban Planner: Wallace Roberts Todd
3.10
Bank: N/A -
3.10
Bank: Dadeland Bank
3.11
Management Company: Phase I, Inc. 1
3.11
Management Company: Tropicaire Development
3.12
Bond /Surety: AON Risk - Contractor Only 1
3.12
Bond /Surety: Clarion Insurance Agency, Inc.
3.13
References: 2 Total: 0
3.13 '
References: 4 Total:
1) Don d'Adesley, First V.P., Paine Webber;
1) Ronald Shuffield, President, Essiinger
2) Christopher Mattews, Assistant. V.P., Bank
Wooten Maxwell;
United
2) Bruce Anglin, Senior V.P., Loan Officer,
Dadeland Bank.
TOTAL Q.P. 4
TOTAL Q.P.
Comments:
Comments:
f
1. Limited similar experience.
1. Good references and experience - - Good Team
2. Development references adequate.
2. Lack of contractor needs to be addressed.
3. Established contractor lends credibility.
3. Similar Land Lease /Development experience
i.e. Tropicaire Theater Land.
-•SY
W.
X. ?
F
CAMOJECTS11929- OMMIxEDUSEA RV
'HE HERALD. FRIDAY, JUNE 20.1997 F
)on.
lawyer, Jesse McCrary,
not say why Neal opted for
--tt amtuutywtu nave a cnitt-
ing effect," Zukoff said. "We live
in a free society, with govern-
1 with raping two home -
City of South Miami
a bargain.
d all the talking I'm going
meat in the sunshine. With this
case, the state attorney's office
Request for Proposal/Public Notice
n court," McCrary said,
has shown it will not tolerate
for design, cotostractlon, leasin
leasing and
Prosecutors began inves-
Neal last December after
people, whoever they are. dis-
obeyi ;tg the state's public-records
management of mficed -use
development project
Opa -locka City Manager
Whitt complained that
Whitt, now city manager of
The City of South Miami is inviting interestet
tad ignored 35 public-re-
Miami, said he wasn't ask•
parties to submit sealed proposals for planninf
. equests — mailed, faxed
livered by certified mail to
ing for privileged records that
would have been exempt under
design, construction, leasing and management c
g g
manager's office.
state taw. All public officials
an infill mixed -use development project whit.
's initial defense: The
must comply with the law, he
includes a parking garage on approximately .7"
is were frivolous and
was harassing him. so he
said- no pleasure in Ellin a
g
complaint against a
acre City -owned property located within th
Hometown District and bounded b S.W. 73rd S'
i them.
:rig the requests: copies of
public olii-
�'.' Whitt said. "I just need my
y
on the South, S.W. 58th Avenue on the East, an('
cs complaints against Neal
public records."
S.W. 58 CL, on the West. The property is currents.
Veakdown of his city celtu-
Centorino and McCrary agreed
being used as a municipal parking lot
one bills showing which
ere not for city business.
that those records now must be
provided But Opa- locka.officials
Request for Proposal packets must be picked up at
ecutors could have
d Neal with 35 separate
say they have no copies of the
City Managers Office
al counts. But Whitt's
requests.
"The public records requests
6130 Sunset Drive
n charged with raping teen couple
'.- year -old man has been
them off as his children so he
1 with raping two home -
could seek state or county assis -`
enagers he met on the
of Homestead, Wilton
tance for his "family of five,"
police said.
s Police said Thursday.
A Baptist minister from Holiy-
o Hernandez of Wilton
wood helped the five move into a
s is charged with three
of.sexual battery for the
Wilton Manors apartment,
on a 15 -year -old girl and
Last Friday and Saturday, Her-
nandez sexually assaulted the girl'
- year -old boyfriend, said
ete Bigelsen.
in the apartment at knifepotnt,
tandez, who has a long-
police said. On Monday, he alleg-
edly raped her boyfriend.
Afriend and a 4-year -old
Both teens left the apartmM 11
befriended the teenage
who were out of work.
Monday — separately, neither
idez intended to pass
knowing the other had been
assaulted, police said.
tior Electronics Wholesaler Lost Lease, We Therefore Sett By
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BRAND- NEW TV's -STEREOS - ELECTRONIM-
VCR's-: i
'toy Fresh 80x83'- All Wanamsd Items - CWMt 000d3111$575,000 Valtiationlllll
DATE: Saturday. June 21st.10*30A.M.
SRE• Assets Moved for Convene Of Sale To
18500 N.E. 5th Ave.. No. Miarm
:TIONS 1-95 to Miami Gardens Dr.. West 1St
2 hVneaiate Right-hand Turns
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KIM
REQUEST FOR PROPOSALS'
South Miami, FL 33143
(305) 663 -6338
All proposals must be submitted in accordant
with Request for Proposal document.
All proposals must be delivered to the office of the
City Clerk, 6130 Sunset Dr., South Miami, Florid,
on or before July 10, 1997 at 3:00 p.m. Immediatel-
after, all sealed proposals received will be ppublict
opened and acknowledged. All proposass shag
accompany a non- refundable cashier's check fo
$2,500 to cover cost incurred or to be incurred b-
the City in preparing, issuing and evaluating thes
proposals.
The City of South Miami reserves the right v
accept an proposal deemed to be in the bes
interest of the City, to waive any irre darities ii
any proposals, or to reject any and/or ail proposal
and to re- advertise for new proposals.
PUBLIC HEARING
A public hearing will be held on Tuesday, July 8, 1997 at 9:00 a.m. by
the Dade County Board of County Commissioners in the Commission
Chambers located on the second floor of the Metro -Dade Center, 111
N.W. First Street, Miami, Florida, at which time the Board wiii
consider the adoption of an ordinance entitled:
ORDINANCE APPROVING AMENDMENT TO FLORIDA CITY
COMMUNITY REDEVELOPMENT PLAN RELATING TO
REDEVELOPMENT OF :' FLORIDA CITY COMMUNITY
REDEVELOPMENT AREA 'LYING IN TOWNSHIP 57 SOUTH,
RANGE 39 EAST, SECTIONS 19 AND 30 AND TOWNSHIP 57
SOUTH, RANGE 38 EAST, SECTIONS 24 AND 25. DADE COUNTY,
FLORIDA, DESCRIBED GENERALLY AS BOUNDED BY REDLAND
ROAD ON THE WEST, N.W. 2ND STREET AND LUCY STREET ON
THE NORTH, STATE ROAD 821 AND CITY OF FLORIDA CITY
City of South Miami
INVITATION TO BID/PUBLIC NOTICE
The City of South Miami is inviting interested parties to submit sealed proposals for planning,
design, construction, leasing and management of an infill, mixed -use development project on
approximately .70 acres of City -owned property located within the Hometown District and
bounded by S.W. 73`d St. on the South, S.W. 58`" Avenue on the East, and S.W. 58 Ct., on the
West. The property is currently being used as a municipal parking lot.
All proposals must be submitted in accordance with the Request for Proposal document. This
document contains detailed and specific information regarding the property being offered for
infill development and the type of redevelopment that would meet the City's goals with respect
to the development objectives and downtown and more specifically of the Hometown District.
All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami,
Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received
will be publicly opened and acknowledged. All proposals shall accompany a non - refundable
cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing,
issuing and evaluating these proposals.
The City of South Miami reserves the right to accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in any proposals, or to reject any and/or all
proposals and to re- advertise for new proposals. Any proposals deemed by the City to be non-
responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the
project evaluation process. In making such determination, the considerations to be used by the
City shall be, but not limited to, developer's experience and qualifications, capability of the
development team, developer's financial qualifications and strength, financial return for the City
and the overall design concept.
For further information, please call or write:
City Manager's Office
6130 Sunset Drive
South Miami, FL 33 143
(305)663 -6338
/4
0 .
2. INTRODUCTION AND PROJECT OVERVIEW:
A. Site Location: The proposed infill development project is located in the City's Hometown
District, and is generally bounded by S.W. 73`d St. on the South, S.W. 58`h Avenue on the
East, and S.W. 58`h Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1).
B. Physical Description: The project area consists of approximately .75 acres of land and
includes 142.5 feet of frontage on S.W. 73`d St. and 150 feet of frontage along S.W. 58d'
Avenue. The subject property is currently paved and is used as a municipal metered parking
lot.
C. Project Overview: In November of 1992, members of the community gathered for a public
"Charrette" or a design workshop on the future of the downtown area. The design workshop
included several days of around -the -clock design sessions and discussions. This public
process brought together people from all segments of the community, professionals from all
levels of governments and a diverse group of consultants to develop a common vision for the
downtown. This common vision is called the Hometown Plan which later was codified in
the Hometown District. The plan is based on the concept that like a traditional, small -town
downtown, South Miami downtown ought to be a neighborhood where a full range of uses
exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The
plan is based on the concept that the streets belong to people and the awareness of how
individual buildings relate to each other and how users collectively interact with the sidewalk
and the street will determine the success of creating people friendly streets and public
squares. The plan identified a series of "Initial Projects" to act as catalyst for re-
development.
3. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION
A Unified Development: The City is soliciting proposals from private developers or
individuals who can provide the City with an integrated improvement package including but
not limited to planning, design, construction, leasing and management for the City -owned
property currently occupied by the municipal metered parking lot.
B. Commitment of Funds: The City shall provide no direct or indirect financing to the
development. The City will enter into a long -term property lease agreement with the
successful developer for an annual rent payment which may be comprised of a minimum
guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of
the property lease agreement shall be negotiated to complement the financing strategy and/or
the depreciation schedule.
The successful developer is required to provide all the necessary financing for all aspects of the
proposed development.
C. Proposal Development Considerations: All proposals must consider and adhere to the
following factors in developing the project proposal.
14
& I
1. Development Objectives: The primary objective is to design a people- oriented mixed -use
development to provide active building edges along S.W. 73`d Street and S.W. 581, Avenue,
and an adequate supply of off - street parking. The amount of parking provided shall not only
replace the existing parking and meet the requirements of the project, but also provide
additional short-term parking for the area merchants. The project is envisioned to be three -
story to four- stories in height and to act as a demonstration project for infill development.
The retail components are expected to cater to the smaller tenants to create pedestrian
friendly and diverse strorefronts. The project design shall be supportive of and in keeping
with the proposed Comprehensive Master Plan for the City and comply with all the related
Hometown overlay ordinances.
2. Lease Terms and Annual Lease Payment: The terms and conditions of the Lease Agreement
between the City and the successful developers, including length of agreement and annual
payment shall be negotiated to complement the financing strategy and/or depreciation
schedule; however, all proposals submitted should define these terms as part of the lease
agreement terms.
3. Site Improvements: The existing improvement shall be cleared by the developer and all site
improvements must comply with all applicable code requirements, and the successful
developer shall be responsible for acquiring all required permits and do the necessary impact
studies.
4. Proposal Format: Proposals submitted in response to this invitation must include the
following information:
A. Credentials:
Development Team
Qualification/Experience
Financial capacity to undertake project
References
B. Project Proposals:
Development Plan
Illustrative Plans
Proposed Lease Term and Rent Schedule
Operating pro- formas of anticipated lease term
Implementation schedule
Operational Management Plan
C. Additional Requirements:
Financial) Statement
Letters from Financial Institutions
Letter indicating Developer's ability to obtain necessary bonds and insurance
D. Evaluation Criteria:
Citizen Panel
Evaluation/Qualification 25%
Financial Ability 25%
Financial Return 25%
Overall Design 25%
J-41
- - -------- -
E. Performance and Payment Bond:
F. Compliance with Federal, State and Local Laws:
G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and
submitted to:
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
H. Tentative Schedule:
Issuance of Request for Proposal -------- June 20,1997
Proposal Submission Deadline - - - - - - - - June 11, 1997
For additional information, contact or writer
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
I. Enclosures:
a. Existing Aerials
b. Maps of the proposed re- development site and surrounding areas.
c. Hometown Plan documents (includes zoning map)
53 -99 -10677
RESOLUTION NO.
47r4Cf+womr 2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAPTIAL
IMPROVEMENTS; ACCEPTING THE PROPOSED FRAMEWORK
FOR LEASE AGREEMENT BETWEEN THE CITY AND SPG PHASE
ONE, LTD.; DIRECTING THE CITY ATTORNEY TO PREPARE A
LEASE WITHIN THE ACCEPTED FRAMEWORK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami issued a
Request for Proposals for the design, construction, lease, management and operation of a
mixed -use retail /office and parking facility on property owned by the City and bounded
by S.W. 73rd Street on the south, S.W. 58th Avenue on the east, S.W. 58th Court on the
west and an alleyway on the north [App. 2]; and,
WHEREAS, the Mayor and City Commission accepted the proposal by SPG
Phase One, Ltd., for negotiating purposes [Apps. 3,4]; and,
WHEREAS, the City's negotiating team has negotiated, and has recommended to
the city commission, a proposed framework for a lease agreement between the City and
SPG. [App. l ]
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The proposed framework for a lease agreement between the City
and SPG is accepted. The City Attorney is instructed to prepare a lease agreement
between the parties within the accepted framework and to present it to the city
commission as soon as it is prudent and feasible.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of March, 1999.
A l
eTTES
ITY CLERK
READ AND APPROVED AS TO FORM:
j1
' ITY ATTORNEY
APPROVED:
COMMISSION VOTF:
Mayor Robaina
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Russell:
Commissioner Bethel:
Additions shown by underlining and deletions shown by
5 -0
Yea
Yea
Yea
Yea
Yea
v CITY OF SOUTH MIAMI
To: Mayor and Commission
From: Charles Scum
City Manager
Earl Gallop
City Attorney
REQUEST
Date: March 2, 1999
Agenda Item
Proposed Frame Agreement:
SPG Phase One, Ltd. Parking Garage
Approval is requested of the attached Proposed Framework for the Lease Agreement with SPG
Phase One, Ltd. for the joint development mixed use parking garage on 73rd Street.
BACKGROUND AND ANALYSIS
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 58th 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 Phase 1, Inc.
The finalization of the contract and implementation of the project have been delayed due to a
number of factors. The City Mana er set a deadline date of January 30th, which was
subsequently extended to February 28' to resolve all issues and conclude negotiations. All
parties, with the assistance of Commissioner Oliveros, have come to the table and we now
believe that all outstanding issues have been resolved.
The attached Proposed Framework outlines all of the major parameters of the Lease Agreement
for the project. These parameters include a definition of the project, payments to the City, term
of the lease, exercise of a lease extension 'option, air rights development on the adjoining
Richmond parcel, financing, signage and a number of other issues.
If approved by the Commission the full Lease Agreement will be placed for first reading on the
next Commission Meeting. The leasing of City property is done by Ordinance and requires a
four fifths majority.
RECOMMENDATION
Approval is recommended.
MEMORANDUM
TO: Charles Scurr, City Manager
FROM: Luis Figueredo
DATE: February 25, 1999
RE: Proposed Framework for Lease Agreement Between City of South
Miami and SPG Phase One, Ltd. ( "SPG ")
The provisions set forth below reflect the tentative agreement reached between
representatives for the City of South Miami and SPG. SPG has been advised and
understands that the terms conceptually agreed to are not binding and must be approved
by the City commission.
1. Ground Lease. The City, as landlord, and SPG, as tenant, shall enter into
a ground lease (the "Lease ") for a parcel of land. (.70 +/- acres) currently
used as a municipal parking lot, owned by the City and bounded by S.W.
73rd Street on the south S.W. 58th Avenue on the east, S.W. 58`h Court on
the west and an alleyway on the north (the "Land ").
2. Development. SPG will design, construct, lease, manage and operate a 4
story mixed use retail and garage parking facility comprised of
approximately 20,000 ( + / -) square feet of retail space and approximately
378 parking spaces (the "Facility "). SPG shall be responsible for all costs
of building the Facility, and the City shall not be responsible for paying
any such costs.
3. Minimum Rent. SPG shall pay the City $44,000 per year as minimum
rent in equal monthly installments. The payment of Minimum Rent shall
commence when the City turns over possession and control of the Land to
SPG.
4. Additional Rent. SPG shall pay the City an amount equal to five (5 %)
percent of the gross income derived from the retail space rental (exclusive
of standard tenant pass through expenses such as real estate taxes and
insurance) and parking income.
5. Supplemental Rent, Ownership of the Facility, and Ad Valorem
Taxes. The City shall own the Facility as provided in Paragraph 6 below.
Fifty (50 %) percent of the ad valorem real property tax savings from City
ownership of the Facility shall be paid by SPG to the City as
"Supplemental Rent." SPG shall assure itself that no portion of the real
Page 1 of 4
APP. 1
property and improvements will be subject to ad valorem taxation. The
City agrees to cooperate with SPG in obtaining appropriate tax rulings
with regard to ad valorem tax savings. SPG shall bear the risk and all
responsibilities for an adverse decision.
6. Documentary Stamp Tax. Due to the documentary stamp tax on the
transfer of the Facility from SPG to the City, the parties agree that: SPG
shall build the Facility on behalf of the City so as to not incur
documentary stamp tax:
7. Amenities Fee. SPG shall pay a 1.5% amenities fee which the City
recognizes SPG will satisfy with the design elements to be incorporated
into the Facility.
8. Term. The initial term of the Lease shall be thirty (30) years with one
option to extend the term of the Lease, for an additional twenty (20) year
period.
9. Exercise of Lease Option. The City Commission shall vote whether to
exercise the lease extension option (effective at the conclusion of the
original thirty (30) year term) prior to the commencement of year twenty
eight (28) of the Lease. At that time the City shall have the following
options:
(1) Exercise the lease option extending the term of the original lease
an additional twenty years; or
(ii) Compensate SPG for the value of the improvements of the MRP
Properties Air Rights and net present value of the projected
revenues which would be lost by SPG if the lease is not extended.
The appraisals for the value of the development of the MRP Properties Air
Rights and lost revenues shall be conducted in accordance with the then
prevailing industry standards. The City and SPG have agreed to each
select one appraiser. The two appraisers shall select a third appraiser. The
three appraisers shall determine the net present value of the revenues as
well as the value of the MRP Properties Air Rights and provide the
Commission and SPG with one report. If the two appraisers cannot agree,
the City and SPG agree to be bound by an independent appraisal prepared
by the third appraiser.
10. MRP Properties Building and Air Rights. SPG will cause the air rights
( "Air Rights ") over the MRP Properties' site property (located at the
corner of 58th Court and 73 d Street) to be deeded to the City as provided
in the separate development agreement between SPG and MRP Properties
(the "MRP Properties Agreement").
Page 2 of 4
11. Financing. SPG shall procure a construction loan to build the Facility
from an institutional lender which provides such loans in the normal
course of business. The construction loan shall be replaced by permanent
financing within 15 months of SPG obtaining the certificate of completion
for the Facility.
12. Alleyway Issue. The City and SPG shall cooperate with each other to
resolve the alleyway issue on the north side of the land to their mutual
satisfaction.
13. Security. SPG shall cause its contractor to 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.
1.4. 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).
15. Environmental. SPG has performed, at its cost, a Phase One
Environmental Assessment of the Land. SPG advises that the Phase One
Environmental Assessment has shown no adverse environmental
conditions.
16. Late Payments. Maximum penalty is (5 %) of amount overdue.
17. Insurance. SPG will carry the typical forms of insurance normally
associated with a project of this type.
18. Excess Payments. SPG shall continue to be responsible for any and all
expenditures. SPG agrees to release the City and hold it harmless for any
excess costs.
19. Amendment to the City Charter. In the event that the Charter for the
City of South Miami is amended to allow the City to lease public grounds
for a period of fifty years or more the lease term shall automatically be
extended to fifty years with no renewal option.
20. Project Schedule. The parties agree to develop a project schedule taking
into account the following.
A. The agreement between the general contractor and SPG;
B. The requirements of the construction lender;
C. The MRP Properties Agreement;
Page 3 of 4
D. Any commercially reasonable insurance or surety requirements;
E. Items necessary for title insurance.
21. Default. The parties will agree to a default provision that protects SPG's
equity in the Facility and also protects the City's right to receive income
from the Facility as provided in this memorandum.
NAGIN GALLOP FIGUEREDORA,
Attornevs & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami Florida 33133 -4741 Facsimile: (305) 854 -5351
FAX TRANSMISSION COVER SHEET
Date: February 25, 1999
To: Charles Scurr
Fax: (305) 663- 6345
Phone:
Re: City of South Miami Parking Garage
Client/ 0022 -003
Matter:
Sender: Luis R. Figueredo
YOU SHOULD RECEIVE PAGE(S), INCL UDING THIS CO VER SHEET. IF YOU
DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (3 05) 85 4- 53 53
This transmission is protected by attorney - client and work product legal privileges, is strictly confidential,
and solely is intended for review by the above addressee. If you received this in error, please read no further. Call
(305) 854 -5353 and arrangements immediately will be made to retrieve this at no expense to you.
----------------------------------------------------------- --------------------------------------
City of South Miami
INVITATION TO BID/PUBLIC NOTICE
The City of South Miami is inviting interested parties to submit sealed proposals for planning,
design, construction, leasing and management of an infill, mixed -use development project on
approximately .70 acres of City -owned property located within the Hometown District and
bounded by S.W. 73`d St. on the South, S.W. 580' Avenue on the East, and S.W. 58 Ct., on the
West. The property is currently being used as a municipal parking lot.
All proposals must be submitted in accordance with the Request for Proposal document. This
document contains detailed and specific information regarding the property being offered for
infill development and the type of redevelopment that would meet the City's goals with respect
to the development objectives and downtown and more specifically of the Hometown District.
All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami,
Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received
will be publicly opened and acknowledged. All proposals shall accompany a non - refundable
cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing,
issuing and evaluating these proposals.
The City of South Miami reserves the right to accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in any proposals, or to reject any and/or all
proposals and to re- advertise for new proposals. Any proposals deemed by the City to be non -
responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the
project evaluation process. In making such determination, the considerations to be used by the
City shall be, but not limited to, developer's experience and qualifications, capability of the
development team, developer's financial qualifications and strength, financial return for the City
and the overall design concept.
For further information, please call or write:
City Manager's Office
6130 Sunset Drive
South Miami, FL 33143
(305)663 -6338
APP. 2
2. INTRODUCTION AND PROJECT OVERVIEW:
A. Site Location: The proposed ill development project is located in the City's Hometown
District, and is generally bounded by S.W. 73`d St. on the South, S.W. 58`� Avenue on the
East, and S.W. 58`h Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1).
B. Physical Description: The project area consists of approximately .75 acres of land and
includes 142.5 feet of frontage on S.W. 73`d St. and 150 feet of frontage along S.W. 5e
Avenue. The subject property is currently paved and is used as a municipal metered parking
lot.
C. Project Overview: In November of 1992, members of the community gathered for a public
"Charrette" or a design workshop on the future of the downtown area. The design workshop
included several days of around- the -clock design sessions and discussions. This public
process brought together people from all segments of the community, professionals from all
levels of governments and a diverse group of consultants to develop a common vision for the
downtown. This common vision is called the Hometown Plan which later was codified in
the Hometown District. The plan is based on the concept that like a traditional, small -town
downtown, South Miami downtown ought to be a neighborhood where a full range of uses
exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The
plan is based on the concept that the streets belong to people and the awareness of how
individual buildings relate to each other and how users collectively interact with the sidewalk
and the street will determine the success of creating people friendly streets and public
squares. The plan identified a series of "Initial Projects" to act as catalyst for re-
development.
3. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION
A. Unified Development: The City is soliciting proposals from private developers or
individuals who can provide the City with an integrated improvement package including but
not limited to planning, design, construction, leasing and management for the City -owned
property currently occupied by the municipal metered parking lot.
B. Commitment of Funds: The City shall provide no direct or indirect financing to the
development. The City will enter into a long -term property lease agreement with the
successful developer for an annual rent payment which may be comprised of a minimum
guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of
the property lease agreement shall be negotiated to complement the financing strategy and/or
the depreciation schedule.
The successful developer is required to provide all the necessary financing for all aspects of the
proposed development.
C. Proposal Development Considerations: All proposals must consider and adhere to the
following factors in developing the project proposal.
14
1. Development Objectives: The primary objective is to design a people-oriented mixed-use
development to provide active building edges along S.W. 73dStreet and S.W. 58'h Avenue,
and an adequate supply of off-street parking. The amount of parking provided shall not only
replace the existing parking and meet the requirements of the project, but also provide
additional short-term parking for the area merchants. The project is envisioned to be three-
story to four-stories in height and to act as a demonstration project for infill development.
The retail components are expected to cater to the smaller tenants to create pedestrian
friendly and diverse strorefronts. The project design shall be supportive of and in keeping
with the proposed Comprehensive Master Plan for the City and comply with all the related
Hometown overlay ordinances.
2. Lease Terms and Annual Lease Payment: The terms and conditions of the Lease Agreement
between the City and the successful developers, including length of agreement and annual
payment shall be negotiated to complement the financing strategy and/or depreciation
schedule; however, all proposals submitted should define these terms as part of the lease
agreement terms.
3. Site Improvements: The existing improvement shall be cleared by the developer and all site
improvements must comply with all applicable code requirements, and the successful
developer shall be responsible for acquiring all required permits and do the necessary impact
studies.
4. Proposal Format: Proposals submitted in response to this invitation must include the
following information:
A. Credentials:
Development Team
Qualification/Experience
Financial capacity to undertake project
References
B. Project Proposals:
Development Plan
Illustrative Plans
Proposed Lease Term and Rent Schedule
Operating pro-formas of anticipated lease term
Implementation schedule
Operational Management Plan
C. Additional Requirements:
Financial Statement
Letters from Financial Institutions
Letter indicating Developer's ability to obtain necessary bonds and insurance
D. Evaluation Criteria:
Citizen Panel
Evaluation/Qualification 25%
Financial Ability 25%
Financial Return 25%
Overall Design 25%
14
E. Performance and Payment Bond:
F. Compliance with Federal, State and Local Laws:
G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and
submitted to:
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
H. Tentative Schedule:
Issuance of Request for Proposal -------- June 20,1997
Proposal Submission Deadline - - - - - - - June 11, 1997
For additional information, contact or write:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
I. Enclosures:
a. Existing Aerials
b. Maps of the proposed re- development site and surrounding areas.
c. Hometown Plan documents (includes zoning. map)
RECEIVED: 2- 26 -99; 14:21;
02126/1999 14:46
,iii'L-26 -98 TUE 13:30
3056699436 NAGIN GALLOP FIGUERE,, 42
3056699438 CONSULTING GROUP PAGE 02
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7150 S. W. 62ND AVSNUE C
MIAMI, FL. 33143
Phone (305) 861.4506 Fax (305) &56 -8174
7123/98
Charles actin
City Manager
� uvuti i i �"•!
6130 Sunset Drive
Wtkmi Gi !3yd�
Dear Charles'
Phase One's original proposal to the City of South Miami,; for the mixes use
parking garage utilizing the city parking lot at 73rd street and 58th avenue
consisted of the following:
1. Phase one wouid iease the oiky Nrw arty 101, a period of fifty years.
n t`_.,_ t1.. 11 1... ..i1 .� ...era a..a. er.. . -.e.E. r:ea 3�1r1re�veM91tO �1 $4000,000-00.
Z, �' -Tl�yp >tiJ1Id WvuEtic i.iMUV ci iii wi.Gif:+. ..v+:..::� :.�r =�. ,
The structure would contain approximately 24,000 square feet of
nrf— Miloff ce .-pace with 947 narking spaces. At the end of fifty years the
ownership of the structure would become the sole property of the City of
South Miami.
Phase One would pay the city of South Miami $44,op0 to replace its lost
parking meter revenue plus 5% of the gross revenue cailected From the
building. This would give the city approximately $98,000 after the first year
of operation.
4. Phase One would not be responsible for the teal estaia propaj y iahms a
the City of South Miami is and would continue to be the owner of the real
estate. The tax on the z►fL'141Ultc vvOsilu b ilici iit.rli li.ill :.il � II%-Avv ,: :•:••
APP. 3
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P. 02
The above four points ward the elements of our original proposal which was
approved *%% the %4 g' c Mi 'bn by a unanimous vote,. However, phase One
would like to augment this proposal with one which would substantially
increase the benefits to the city.
Phase One has reached an agreement : with Mark Richman to purchase the air,
rights over the strip stores located directly behind the city's park,t-ty 1Vt :,n
73rd street and 58th court. With these air- rights the buUding becomes a
rectangle which makes for a much More "tit t,t„tutng` allowing for free
flow of the parking of cars. Phase One would like to present this augmented
proposal to the Qty of Sou�tli Miami which: vans �.,Y ^•yeti' hY tha Booth [uliasni
•t• r -- -
Pianning Board.
1. instead of a $4,000,000.00 building, Phase One would build a structure
costing approximatety $6,50o.000.00 to $7.000,000.40.
2. Instead of 257 parking places, Phase One would provide the city with
approximately 358 parking places and increase the retailloffice space to
approximately 22,000 square feet.
3. Phase One would construct an arcade on 73rd street running from 58th
• • - .,�
avenue to 58th court meeting itttisi 01 11 'ha Home Town to i �yiiii �tTivi �sv ...� .
Plan.
4. Phase One will redo t. a facade of the existing stripe stores, matching the
fcva�d�. �f 11�a w mivCi —Mao n�rkinn narstne s #rlJcture; whereby it would
have a unified look and become a Signature Building,
5. With the increased parking and retail/office space the city should receive
approximately 20% 25% more revenue than in the initial proposal.
Factoring in the cost of the air - rights and the cantilevered parking structure
and redoing the facade of the existing building and the arcade will cost
Phase One approximately $3,000,000.00 more than the original proposal. In
addition to this cost, because of the al tticipatted s Uiiaige of par tCi ng space
we are enlarging the foundations and columns of the building. This is being
�• t -. .-- sM nah� rinai�a �►tltteeut l Io�IR�1S (Y{
done, at additio��a' Vvia us, in tole event to ,,.y .. 4a ;r >•*: �• _
parking to ameliorate the shortage of parking spaces.
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02/2611999 14:46 3056699438 CONSULTING GROUP PAGE 04
jUi -28 -98 Ttit: 13 : 3 i r HAAX t;. 3056688174 P. 03
Because of the added investment and 100 additional parking spaces over the
Richman property, Phase One would also agree to pay the city 5% of the
revenue stream from these additional spaces under the :following terms and
conditions:
A. The lease term would be extended to 75 years as Qpposed to 50
,d tal— p- - -ssion of the Mixed uaa/
years t WriiGii u�i�c ►i1c ciij VV E "zw r::...,.......
parking garage.
1. Upon the completion of the mixed use/ parking garage structure,
Phase One would consider deeding the ownership of the structure to
the City of South Miami if the tax consequences are advantageous to
both parties.
To recap the above banifits this proposal would give the yiLr of SQUath Mledi:i
the following:
f Approximately 358 Parking Places. 101 more places than
.n i�o errinirtgl rre�evcal
2. Approximately 24 - 25% more revenue for the city.
3. An acarade on 73rd St. running from 88th avenue to 58th court.
4. A signature building, "South Miami Shops and Parking Garage"
SinCeraly yours,
ALBERT S. WAS -�_ -- --
President
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RESOLUTION No. 198 -97 -10168
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTI -USE
DEVELOPMENT /PARKING GARAGE, AWARDING A PROJECT FOR
DESIGN, CON$T_RUCT LON, LEASING AND MANAGEMENT OF A MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73"D STREET, S.W. 58t" AVENUE, AND
S.W. 58TH COURT TO PHASE I, INC...,
WHEREAS, the City of South Miami issued a request for
proposals for design, construction, leasing and management of a
mixed -use development and parking garage with a primary objective
to replac e. the existing parking,, meet parking requirements. of the
mixed -use element of the project, and to provide additional
short -term parking for the area merchants, to be located on city -
owned property at S.W. 73 =d Street, S.W. 58t }' Avenue, and S.W. 58th
Court; and
WHEREAS, two proposals were received by the city in response
to the Request for Proposal from; 1) Tropicaire Development,
Inc., and 2)Phase 1, Inc. and,
WHEREAS, both proposals have been reviewed by the city's
consulting engineering firm, C3TS for technical compliance, with
one proposal receiving 81.5 points and the other proposal
receiving 80 points under their scoring system. (see_ attached_
correspondence from C3TS) and
WHEREAS, both proposals have been reviewed by the Hometown
District Parking Committee, a committee charged with oversight of-
the supply, convenience, safety and management of parking in the
Hometown District. Vie Hometown District Parking Committee
determined that both proposals submitted represent viable
proje:cts,, with_- a 3 -2 vote. supporting their recommendation (see
attached minutes); and
WHEREAS, the below named project most closely meets the
ob7eGt_ive_ o.f the city to respond to an_ ex sting and growing
parking shortage in the city's downtown retail district and
provides strongest financial return to the city,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section
project to
management
located on
1. That the Mayor and City Commission award
Phase I for design,
of a multi -use /parking
city -owned property at
construction, leasing
garage development to
S.W. 73rd Street, S.W.
the
and
be
58th
APP. 4
Avenue, and S.W. 58th Court.
Section 4 -. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 16th day of Sep er, 19 7.
ATTEST: AP
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
kA dly- rAlr J�
1
2
3
4 ORDINANCE NO.
5
6_
7 AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS
9 APPROVING THE GROUND LEASE AGREEMENT BETWEEN THE
10 CITY OF SOUTH MIAMI AND SPG PHASE ONE, LTD., FOR A MIXED
11 USE /JOINT DEVELOPMENT PARKING GARAGE ON THE
12 MUNICIPAL PARKING LOT BOUNDED BY SW 73RD. STREET ON THE
13 SOUTH, SW 58TH AVENUE ON THE EAST, SE 58" COURT ON THE
14 WEST AND AN ALLEYWAY ON THE NORTH; PROVIDING FOR
15 TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN
16 CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City of South Miami issued a Request for Proposals for the design,
20 construction, leasing and management of the mixed -use development parking garage for the
21 municipal parking lot located at SW 73`d Street and SW 58" Avenue in June 1997; and
22
23 WHEREAS, the City accepted the proposal by SPG Phase One, Ltd., for negotiating
24 purposes in September 1997; and
25
26 WHEREAS, the terms and conditions of the Lease Agreement, with certain exceptions,
27 have been finalized;
28
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. The Lease Agreement between the City and SPG Phase One Limited is
34 approved;
35
36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
38 affect the validity of the remaining portions of this ordinance.
39
40 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
41 ordinance are repealed.
Additions shown by underlining and deletions shown by ever-striking.
9
0,3
CITY OF SOUTH MIAMI
,I INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Dater September 7, 1999
Agenda Item #
From: Charles D. Scurr L� Re: First Reading: Lease Agreement
City Manages with SPG Phase One, Ltd., for Mixed
Use /Joint Development Parking Garage
Earl Gallop
City Attorney
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS FOR 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, SEVERABILITY; AND
EFFECTIVE DATE.
BACKGROUND & ANALYSIS
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 58th 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.
This uniquely challenging project has experienced a`number of delays. The parties, with the exception of
one item, have now been able to finalize the lease agreement for presentation to the City Commission.
Luis Figueredo of the City Attorney's Office has prepared a memorandum outlining the proposed
framework for the Lease agreement. This memorandum contains all of the major provisions of the Lease.
The parties are not in agreement on Section 5.1 of the Lease regarding the minimum rent for the project.
Conceptually, the minimum rent for the project is designed to replace the rent the City would lose from
City Manager's Report: Telecommunication Tower Ordinance
the currently existing surface parking meters on the site. At the time the RFP was proffered in 1997 the
parking meter rates were $.40/hour and the utilization of the lot was at Pre -Shops at Sunset Place levels.
The situation today is that the parking meter rates are $35/hour and utilization of the -lot is up
significantly due to Sunset Place.
The City Commission, at the March 2, 1999 meting, directed that the minimum rent be adjusted to reflect
the increases. SPG Phase One is not in agreement and a letter from them explaining their position is
attached.
There are several alternative methods to calculate the increase. These include:
• Current Minimum Rent based on $.40/hour & Pre - Sunset Place $ 44,000
• Minimum rent with adjustment to $35 /hour $ 76,000
• Minimum rent with adjustments to $35/hour & Sunset Place $ 91,200
• Minimum rent if adjusted for future meter rate increases @ $1.00/hour $ 121,296
Approval of the Lease Agreement must be done by Ordinance and requires a 4/5 vote. Additionally, there
are several land use issues such as lot coverage that must be approved by Resolution. It is our intent to
bring all of these matters to the Commission for final decision at the same meeting. Given the timing
requirements of the land use matters the second reading of this Ordinance is recommended to be
scheduled for October 19, 1999.
RECOMMENDATION
Approval of the Lease Agreement is recommended. Regarding the minimum rent the adjustment to
$91,200 is recommended.
Attachments:
September 2, 1999 Memorandum from Luis Figueredo
City Commission Resolution 53 -99 -10677
SPG Phase 1 Letter dated July 23, 1998
Rafael Perez Letter dated August 31, 1999
Lease Agreement
City Manager's Report: Telecommunication Tower Ordinance
MEMORANDUM
TO: Charles Scurr, City Manager
FROM: Luis Figueredf
DATE: September 2, 1999
RE: Proposed Framework for Lease Agreement Between City of South
Miami and SPG Phase One, Ltd. ( "SPG ")
The provisions set forth below reflect the negotiated lease agreement reached
between representatives for the City of South Miami and SPG. SPG has been advised
and understands that the terms conceptually agreed to are not binding and must be
approved by the City commission.
1. Ground Lease. The City, as landlord, and SPG, as tenant, shall enter into
a ground lease (the "Lease ") for a parcel of land. (.70 +/- acres) currently
used as a municipal parking lot, owned by the City and bounded by S.W.
73`d Street on the south S.W. 58th Avenue on the east, S.W. 58th Court on
the west and an alleyway on the north (the "Land ").
2. Development. SPG will design, construct, lease, manage and operate a 4
story mixed use retail and garage parking facility comprised of
approximately 27,000 ( + / -) gross leasable square feet for retail and office
uses and 325 -375 parking spaces (the "Facility").. SPG shall be
responsible for all costs of building the Facility, and the City. shall not be
responsible for paying any such costs.
3. Minimum Rent. We have been unable to reach an agreement. SPG
originally offered to pay the City of South Miami $44,000 to replace the
City's lost parking revenue. The City Commission specifically directed at
the March 2, 1999, meeting that the minimum rent be adjusted to account
for the increase in meter rates.
4. Additional Rent. SPG shall pay the City an amount equal to five (5 %)
percent of the gross income which shall include income derived from the
retail space rental (exclusive of standard tenant pass through expenses
such as real estate taxes and insurance) and parking income.
5. Project. Amenities Fee. SPG shall expend not less than 1.5% of the
cumulative hard construction costs for acquisition of amenities for the
public areas of the project.
Page 1 of 3
6.
Term. The initial term of the Lease shall be thirty (30) years with one
option to extend the term of the Lease, for an additional twenty (20) year
period.
7.
Exercise of Lease Option. The City Commission shall vote whether to
i
exercise the lease extension option (effective. at the conclusion of the
original thirty (30) year term) prior to the commencement of year twenty
six (26) of the Lease. At that time the City shall have the following
options:
(i) Exercise the lease option extending the term of the original lease
an additional twenty years; or
i
(ii) Acquire the facility by compensating SPG for the net present value
of the projected revenues which would be lost by SPG in years 31-
50 if the lease is not extended.
The appraisals for the value of lost revenues shall be conducted in
accordance with the then prevailing industry standards. The City and SPG
have agreed to each select one appraiser. The two appraisers shall select a
third appraiser. The three appraisers shall determine the net present value
of the revenues and rovide the Commission and SPG with one report.
p p
8.
Financing. SPG shall procure a construction loan to build the Facility
from an institutional lender which provides such loans in the normal
course of business. The construction loan shall be replaced by permanent
financing within 15 months of SPG obtaining the certificate of completion
for the Facility.
9.
Alleyway Issue. The City and SPG shall cooperate with each other to
resolve the alleyway issue on the north side of the land to their mutual
satisfaction.
10.
Security. SPG shall cause its contractor to 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.
11.
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).
Page 2 of 3
p
12.
Environmental. SPG has performed, at its cost, a Phase One
Environmental Assessment of the Land. The Phase One Environmental
Assessment has shown no adverse environmental conditions.
13.
Late Payments. Maximum penalty is (5 %) per month of the amount
overdue.
14.
Insurance. SPG will carry the forms of insurance normally associated
with a project of this type and name the City as an additional insured. The
types of insurance which shall be carried by SPG include:
• Commercial General Liability Insurance _ ($1 million each
occurrence);
• Umbrella Liability ($3 million);
• Physical Property Damage Insurance;
• Builder's Risk Insurance; and
• Business Interruption Insurance for Parking Structure.
15.
Excess Payments. SPG shall continue to be responsible for any and all
expenditures. SPG agrees to release the City and hold it harmless for any
excess costs.
.16.
Project Schedule. The parties agree to develop a project schedule taking
into account the following.
A. The agreement between the general contractor and SPG;
B. The requirements of the construction lender; and
C. Items necessary for title insurance.
17.
No Construction During Holiday Season. The Lease Agreement
specifically provides that SPG shall not engage in construction activities
between Thanksgiving Day and December 26th of any year that materially
impacts the neighboring retail shops by impeding traffic flow on 73'd
Street, 58th Avenue and 58th Court.
18.
Decal Parking. Decal parking for employees in the area will be provided.
19.
Ownership of the Structure. SPG shall own the parking structure and
convey ownership to the City at the end of the original lease term in
exchange for the payment discussed in paragraph 7. If the City exercises
its option to review the lease, the City shall own the structure a the end of
the twenty (20) year renew term.
Page 3 of 3
10/01/99 FRI 17:50 FAX 305 374 1005 THOMSON MURARO JJ 0 002 A
' JYTl.4C�h1►lr�l' T
THOMSON MURARO RAZOOK & HART, P.A.
ATTORNEYS AT LAW
ONE SOVTHEA$T TF81Ro AVENUE
I7TN FLOOR
MIAMI, FLORIDA 33131
TELCPNON C.t305 % $50 -7200
PARKER O. TMOMSQN
T66000PiER (305) 37c -1009
October 1, 1999 Park0(0TQtmrh.com
Via Fax
Honorable Julio Robaina
Mayor, South Miami
6130 Sunset Drive
South Miami. Florida 33143
Re: SPG Phase One, Ltd.
South Miami Parking Garage Proposal
Dear Mayor:
During the City Commission meeting on September 7,1999, you strongly requested, in order
to present to the public a better building image, that our client, SPG Phase One, Inc. ( "SPG ") further
negotiate with the adjacent owner, Mark Richman, to incorporate his property into the Garage
Project. I advised you that we had previously engaged in extensive negotiations with him, but, that,
although SPG agreed that the incorporation of Mr. Richman's property would produce a better
Garage Project, SPG and Mr. Richman had not been able to reach terms that would be anything but
an economic detriment to SPG and the Project. Nevertheless, we were pleased to attend a meeting
with Mr. Richman convened by the City Manager. At that meeting, both Mr. Richman and SPG
pointed out to the City Manager that incorporation would be assisted by the City taking certain
measures to adjust the economics of the Project. Thereafter, the City Attorney indicated certain
changes which would positively affect the economics of the Project might be possible. SPG and'Mr.
Richman thereupon met further and reached a possible understanding, which is dependent on the
City being willing to make certain economic adjustments. These adjustments are required to justify
the additional investment SPG must make to incorporate the Richman property into the Project.
Under SPG's tentative agreement with Mr. Richman:
I. There will be an additional 146 parking spaces to ease the parking problems in
downtown South Miami, from which the City of South Miami wilt receive additional
percentage rent;
2. There will be an additional 5,230 rentable square feet on the first floor of the project
from which the City of South Miami will receive percentage rent,
3- As we all agree, the City of South Miami will have an aesthetically couch improved
building;
10//01/99 FRI 17:51 FAX 305 374 1005 THOMSON MITRARO I
THOMSON MURARo RAZOOK & HART, P.A.
Honorable Julio Robaina
Mayor, South Miami
October 1, 1999
Page Two
4. SPG is willing to allow the City to own the Parking Structure and share, on an equal
basis, the ad valorem tax savings that may be realized,
5. The City will receive additional ad valorem tax revenue from the enhanced value of
the new Richman building; and
6. At the end ofthe lease term, the City of South Miami receives a larger, more efficient
and more valuable parking garage.
To attain the benefits (both aesthetic and economic) of the incorporation of the Richman
property into the Project, the City in turn should accept economic adjustments to the position taken
by the City Commission at first reading. These are:
— the base rent must remain at $44,000 (the originally agreed upon amount); and
— the percentage rent must be reduced to 4010 of gross, a percentage which would
generate to the City substantially more revenue from this proposal than 5% of the
revenues from the Project without incorporation of the Richman property,
If the City is prepared to make these adjustments, SPG is prepared to conclude an agreement with
Mr. Richman to incorporate his land into the Project. If the City is not so prepared, SPG is willing
to proceed with the original proposal for a parking garage on the City land only at a base rent of
$44,000, and otherwise as approved by the City Commission at first reading.
Sincerely,
PDT :pc
copies by fax to:
Armando Oliveros, Jr., Nice Mayor, South Miami
Charles D. Scurr, City Manager
Earl Gallop, City Attorney
!Luis Figueredo
Commissioners: Horace G. Feliu
David D. Bethel
Mary Scott Russell
,14;'rXC,V-WX*r --)
10/14199 THIT 16:30 FAX 305 374 1005 THONSON VURARO
THOMSON MUFRARo RAZOOK & HART, P.A.
AICTORNEYS AT LAW
ONIE SOUT-ULAWY To4spi> AVENUIL
17TO n00" TELEPACNE
MIAMI, FLORIDA 33131 1209) 330-200
J30-11 374.1008
VIA TELECOPY
Luis Figueredo, Esq.
Nagin Gallop Figueredo
1225 Aviation Avenue, Third Floor
MiamL Florida 33133-4741
$PG Phase Out C'SP(Y)
F07M
October 14, 1999
In accordance with Mayor Robana's -.vishes, SPG ha come to a tentative agreement widi
Mark Ricbman for the inclusion of land inthe SPG pukinS garage project. Due lo the increased
ruawial burdens on SPG attributable to the Richman property, SPO makes the following proposal
to modify the agmement between the CRY of South Miami and SPCA that was approved on first
reading at the City Commission meeting of September 7,1999•
1, EWiedscpm Please see at had sunmary of Project scope,
2. Da the ground lease.
xAW. Base 1*m is $44,000 per year for the first ten years of und le .
The base rent increases to $76,000 from YM I I until the end of the lease term unless
SPO's gross revenue for lease year are less than $2,200,000.
31. RK992AN The percentage renjains at five p=ent and includes revenues
generated from the additional 1.46 parking spots over the %dmm land-
4. A--d- "Vale =-Tax. S (aVRWV=jg P=11. The City will own the parking
garage and themby eliminate *a ad valorem tax on the parking garage (the
-Saviagal), The City will receive 25% of the Savings as SUPP)CMIDUtAl rent for the
first ten loan yews. The total amount of the Stivings in lease yea 10 shall be
referred to as "Base Year Savings." Starting in lease year 11 and continuing until. the
and of the lease itcrin, am City SJWJ receive the follovAng as supplemental rent diving
each such lease year:
For Savings up to the level of the Base Year Savings. 25% of the Savinj�s up
to such amount; and
Z002
14
THOMSON MURAno RAZOOK & HART, P.A.
Proposal to City of South Miami
October 14,1999
Page 2 of 2
b. For Savings in excess of the level of the Base Year Savings, 50% of such
excess Savings.
5. SSImtnictga Scltedulina. The City and SPO shall agree to a construction schedule,
that takes into account ft incitaud scope of the project duo to the inclusion of the
Richman IwA and the requirements of the construction tender. Nomial construction
activities can not be stopped or hindered during relocation of utility 11xies or during
construction of the ghell of the Project.
If thest =us are wxcptable, I will start preparing the appropriate dmuments itnuiediately.
Please call me if you have any questions.
cc: Charles Scurf
Al Elias
Earl Gallop
Pwker D. Thomson
Sincerely,
.Perez
"MIT! 96-61-01 A9 IN3S
m
f /f #
-• �_ ., A'Au 4v. au me aua 414 JU95 TTiC RSON AfCWARO
SPO PHASE ONE, LID. - SUZY OF PROJECT SCOPE
Poor Proposal New Proposal (rein for City
347 parking spaces 493 parking spaces Percentage Rent from 146
nad ng snamm
14,500 rentable square feet of
first floor retail space on City
Land
19,800 rentable square feet
of first floor retail space on
City Land
City portion of ad valoresn City portion of ad valorem
taxes from 14,500 rentable taxis fiorn 19,800m%ble
square feet of first floor retail square feet of first floor retail
space on City Land space on City Lend
City portion of ad -valorem
tames on present Richman
Building (8,069 squaw foot)
{ Nme
City portion of ad valorem
taxes for 2p° floor office space
oven City Land
City portion (24'0) of ad
valorem tax on parking
garage ( SPG owns parking
garage and pays ad valorem
tax)
City receives 347 parking
spaces, 14,500 ref of Is' floor
retail and 8,000 rsf of office
space at end of around lease
City portion of valorem
taxes on New Richman
Building (11,500 squaws feet)
City Pozdon of ad valorem
taxes on SPU component of
Richman Airspace (i.e. 9,000
rsf of 21 floor office space
over Ricluaan Land)
Slime
City receives 25% of ad
valorem taut savings on
lamming garage (City owns
the parking garage)
City receives 493 parking
spaces, 19,800 ref of 1" floor
retail and 8,000 Tsf of office
sure at end of ground lease
Percentage rent from an
additional 5,300 rentable
square feet of first floor retail
space on City Land
City portion of ad valorem
taxes on an additional 5,300
rentable square feet of first
floor retail space on City
Land
Increase in City portion of ad
valomm. tares on increase its
size and quality of Now
Richn= Building.
All new revenue for City.
No change
City nets an additional I% of
ad valorem tax amount on
Parking garage (paid as
supplemental rent by SPG).
City owr;5 an additional 146
parking spaces and 5,300 rsf
of i" floor reUil at end of
grounA lease -
%uo4
-T 'd `JON 66 -6I -01 :A9 INgs
„u mil- U ' y..:____ . _---- =r``'r r A. -
ArAemwAvr (i
THOMSON MURARO RAZOOK & HART, P.A.
ATTQRNCYS AT LAW
eShE SCw -vv4z ,aT ?►+iffv AVIMUIL
17— F6w^
Tj'LCWRC:Ii
MIAMI. "RICA 99 +3+ 22.0.7200
reiCOO�i*
(susl air -�noa
i+love+aab 1 I. 1999
Vl.t1 TULCOPY
Luis Figowedo, CK,
Na& Gallop F*acdo
3225 Aviation Avwue, Ibird Floor
Miami, Florida a313'J-4741
SPCC, Phase Une CPU)
Dmr Luis'
Your law of Novemba 1 U, 1999 coaomung SPG making a prowtaficm before ft Girt
cmwaissiun is mwrccct_ On TUrsday aft moon, Nov=ber 9, 1999, we Woke by telepphow =W I
indiicaM to you that SPG wouid not ba making a pramwion to the City Ccamyn imiw dufing t r
mctsitig of Tuesday, November 16, 1 999_ SPG is addressing jk financial fciablty caf the Prtoct
in light ofgr v 1wg market conditions that came io"attard Mlast wOcL :At gsch time as wo ba-M
flatly wWyzcd the tinutciW imputations of these market ecwnditions, SPO will preant any rNtsired
modibcxions to Charles Scurr and you. We are woriong dWSeWly ton this P. Pica a lity and
will have tlsis pl-cpart d as soon a: possible.
Siaccd
Y
cc. Chadds Scurr
Al Elias
l$ai Oailop
Par%sr D. Th -onmr
A Ptttz
,l,%rrACNasar
MEMORANDUM
TO: Charles Scurf,
City Manager
FROM: Luis R. Figueredo
DATE: February 11, 2000
RE: Proposed framework for new lease agreement between the
City of South Miami and SPG Phase I, Limited ( "SPG ")
Below I have provided you with an overview of the SPG Proposed project and draft Lease
Agreement.
I. PHYSICAL STRUCTURE
The proposed structure would cover the City parcel of land which is currently used as a
municipal parking lot founded by S.W. 73rd Street on the south S.W. 58t" Avenue on the east S.W.
58"' Court on the west and an alley way on the north (the City property) and the air rights over the
Mark Richmond property. The building will be four stories.
The revised SPG proposal now consists of 19,350 square feet of retail space, 35,000 square
feet of office space and 332 parking spaces.
The first floor will consist of retail space. The first floor (excluding the Richmond property)
will contain approximately of 19,530 square feet of retail space and four parking spaces.
The second floor will contain 108 metered parking spaces. The parking revenues of 73 of
the metered spaces will go directly to the City. The revenues from the remaining metered spaces on
the second floor will be paid to SPG. The City, however, will receive a portion of those revenues
as percentage rent.
The third and fourth floors will each contain 17,500 feet of office space and 56 parking
spaces which will be used by those offices during the day. The roof -top level will contain 108
parking spaces.
II. RENT
Originally, the base rent SPG committed to pay the City was premised upon the notion of
making the City whole for revenues lost from its municipal parking lot. SPG originally committed
to pay $44,000, per annum, to the City as base rent. However, current revenues generated by the
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 2 of 5
municipal parking lot exceed $44,000. In light of the foregoing, the City Commission directed staff
during a City Commission meeting to increase the base rent to $76,000 per annum. In lieu of the
base rent, SPG now proposes to dedicate the revenue from the 73 metered spaces to the City in an
effort to snake the City whole for lost revenue from the municipal parking lot. SPG has agreed to
install the meters for the 73 spaces at its own expense.
The City will receive "percentage rent" of the net revenue from the retail and office space
and the 259 parking spaces not controlled by the City. All retail and office leases (including parking
associated with the office space) will be triple net (i.e., tenant pass- thru's for real estate taxes,
insurance and operating expenses will not be counted for purposes of percentage rent so that the net
revenue as to those spaces will be identical to gross revenue received by SPG). The percentage rent
will be payable according to the following schedule.
SPG Revenue
Percent
Up to $1,400,000 2.5%
Amounts in excess of $1,400,000 7.0%
SPG's original proposal provided that SPG would pay the City an amount equal to 5.0% of
the revenues received by SPG. SPG now contends that if SPG has to pay the City 5.0% of its
revenues, the percentage rent together with the added expense of acquiring the Richmond airspace
and construction over the airspace no longer makes the project sufficiently viable to qualify for
institutional financing. SPG advises that its financing is dependent on showing _a ten percent (10 %)
return on equity and 1.20 debt coverage ratio. SPG contends that if it has to pay the City 5.0% of its
revenues, it will not meet those thresholds.
Based upon our evaluation of SPG's financial projections we have concluded that SPG
should realize a 10% return on its equity and a 1.20 debt coverage ratio if it pays the City 2.5% of
the first $1,400,000 of revenue realized by the project. At that juncture, SPG would show a 10%
return on its equity and an adequate debt coverage ratio. Thus, SPG would presumably be in a
position to provide the City with a larger interest in fee sharing in all revenues over and above
$1,400,000. SPG has agreed to provide the City with a 7.0% percentage interest in all revenues
which exceed $1,400,000.
The threshold where the City's 7.0% interest in all revenue above $1,400,000 would begin
to generate an equivalent amount of rent to a 5.0 % interest in all revenue is approximately $3 million
dollars. Under SPG's original proposal, 5.0 %, of $3,000,000, would result in the City receiving
$150,000 in additional rent. The revised proposal which is designed to allow SPG to obtain project
financing would yield the City $147,000 in additional rent. By way of example, $3.5 million in
revenue yields the City $175,000 in rent under the old proposal and $182,000 in. rent under the
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 3 of 5
current proposal. If the project realizes $4 million in revenue, the City would receive $217,000 in
rent under the current proposal as compared to $200,000.
III. MINIMUM RENT DURING CONSTRUCTION
SPG advises that any payment of rent during the twelve month construction period will not
allow it to meet the debt coverage ratio required to obtain institutional financing. In lieu of a
minimum payment of rent during the twelve month period, SPG proposes to make approximately
140 square feet of office space located at 7160 S.W. 72 "d Avenue available to the City. The City
would have the right to occupy the office space for a twelve month period. The City would not be
responsible for rent but would be responsible for its pro rata share of utility costs. As an alternative,
SPG has offered to the City the use of the vacant lot located at the northwest corner of 50 Place and
70 " Street in South Miami. The vacant lot (approximately 30,000 square feet) could be used by the
City for parking. The City's right to use the lot for twelve months could be shortened if the owner
receives a bona fide offer from a third party to purchase the lot. A third option offered by SPG is
200 -300 square feet of office space at the Community Newspaper Building.
SPG has agreed to pay the City a minimum rent of $76,000, per annum, if it does not
complete construction of the parking structure within the agreed upon construction schedule. SPG,
however, shall not be required to begin making rental payments if the delays are attributable to the
City, or Mark Richman's tenants.
IV. LEASE AGREEMENT
A. Initial Term. The initial term of the lease will be for 50 years. There is no renewal
option.
B. Ownership Of The Building. SPG will deed the parking structure including the
airights over the Richmond property to the City on or before the end of the lease term.
C. Alleyway Considerations. The City shall at its sole cost, take whatever actions are
necessary to resolve the alleyway claim to the satisfaction of the construction lender and title
insurance company.
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.
E. 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
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 4 of 5
shops by severely impeding traffic flows on 73rd Street, 58t" Avenue or 58 "' Court.
F. Financing. SPG shall procure a construction loan from an institutional lender which
provides such loans in the ordinary course of business. The construction loan will be replaced by
permanent financing within 15 months of SPG obtaining a certificate of completion for the facility.
G. Lender's Remedies in the Event of a Default (the lender's right in the leasehold
mortgage provisions are subject to review by lender's counsel). 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 purchase lender's interest in the remaining
leasehold term. The purchase price shall be determined by appraisal.
H. Use and Care. SPG shall use the Parking Structure for general office use, retail use
and as a rental parking facility. SPG shall not permit any other use without first receiving
Landlord's advance written consent.
I. Repair and Maintenance. SPG shall (except the City's parking meters on the
second level) repair and maintain the parking structure.
J. 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.
K. Insurance. The insurance companies providing insurance coverage shall have a best
rating of B+ or equivalent. SPG shall at its sole cost maintain the following coverage:
Commercial General Liability - One million per occurrence
Umbrella Liability - Three million dollars
Physical Property Damage Insurance -
Builder's Risk (during construction) -
Business Interruption
100% replacement cost
one hundred percent (100 %) replacement value
not less than six months of revenue for the
parking structure
L. Security. SPG shall provide the City with a payment and performance bond with a
good and sufficient surety, naming the City as an obligee and a commercially acceptable form.
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 5 of 5
M. 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).
N. Substation. SPG shall dedicate approximately 200 square feet of space on the first
floor to be used by Landlord for police purposes or for those uses that relate to municipal parking.
O. Availability of Parking in Evening Hours and Weekends. SPG has agreed to
make available, under conditions and limitations to be agreed on, the non - metered parking on nights
and/or weekends required by the City. The conditions and limitations to be agreed on reflect liability
and control factors. Any costs associated with providing these parking spaces will be "netted -out"
before application of the percentage rent. SPG reserves the right to establish policies for night and
weekend parking. The City reserves the right to set parking rates for a night and weekend parking.
LEASE AGREEMENT
between
CITY OF SOUTH MIAMI, as Landlord
and
SPG PHASE ONE, LTD., as Tenant
February `, 2000
TABLE OF CONTENTS
Page
1. Recitals .......................... ..............................1
2. Definitions ......................... ..............................1
3. Lease of Land ...................... ............................... 6
3.1. Lease of Land ................ ............................... 6
3.2. Airspace Termination .......... ............................... 6
4. Term . ............................. ..............................6
4.1. Original Term ............................................... 6
5. Parking Meters, Percentage Rent and Minimum Rent ...................... 6
5.1. Second Level Parking Revenue; Municipal Space .................. 6
5.1.1 Second Level Parking Revenue ........................... 6
5.1.2 Municipal Space ........ ............................... 7
5.2. Lease Year Percentage Rent .... ............................... 7
5.2.1. Percentage Rent ....................................... 7
5.2.2. Definitions ............ ............................... 7
5.2.3. Limitation on Payment Obligation ........................ 9
5.3. Minimum Rent .............. ............................... 9
6. Payment ........................... ..............................9
6.1. Percentage Rent ............... ............................... 9
6.1.1. Payment of Percentage Rent ............................. 9
6.1.2. Annual Statement ....... ............................... 9
6.1.3. Audit by Landlord ...... ............................... 9
6.1.4. Maintenance of Books and Records ....................... 10
6.1.5. Waiver .............. ............................... 10
6.2. Delivery of Payment ......... ............................... 10
6.3. Delinquency .................. .............................10
7
I
Title; Delivery of Possession ........................................ 10
7.1. Covenants of Title ........... ............................... 10
7.2. Environmental Condition ..................................... 11
7.3. Alleyway Considerations ...... ............................... 11
7.4. Possession ................. ............................... 12
7.5. Title Requirements ........... ............................... 12
Zoning, Development of Land and Pre - Construction Activity .............. 12
8.1. Development Rights .......... ............................... 12
8.1.1. Parking Structure ...... ............................... 12
8.1.2. New MRP Building .... ............................... 12
8.2. Plans and Schedules ............ .............................12
8.3. Landlord Approval ........... ............................... 13
8.3.1. Schematics and Preliminary Specifications ................. 13
8.3.2. Design Development Drawings .......................... 13
8.3.3. Conform with AIA and BOMA Method ................... 13
8.3.4. Approval for Subsequent Material Changes ................ 13
8.3.5. Procedure for Approvals ............................... 13
8.4. Permits ...................... .............................13
8.5. Change After Receipt of Permits ............................... 14
8.6. As -Built Drawings ........... ............................... 14
8.7. Designation of Landlord Representative ......................... 14
8.7.1. Approve Documents ................... 14
8.7.2. Consent to Actions ..... ............................... 14
8.7.3. Make Appointments .... ............................... 14
8.7.4. Change of Representative .............................. 14
Construction of Project ............. ............................... 14
9.1. Conditions Precedent to Commencement of Construction ........... 14
9.1.1. Unavoidable Delays .... ............................... 15
9.1.2. Article 7 of MRP Agreement ............................ 15
9.1.3. Title Requirements of Paragraph 7.5 ...................... 15
9.1.4. Environmental Conditions of Paragraph 7.2 ................ 15
9.1.5. Representations and Warranties of Landlord ................ 15
9.1.6. Permits .............. ............................... 15
9.1.7. Tenant's Financing ..... ............................... 15
-ii-
9.1.8. Title Insurance ........ ............................... 15
9.2. Commencement of Construction ............................... 15
9.2.1. Delay of Commencement of Construction ................. 15
9.3. Performance .................. .............................16
9.4. Completion of Construction .... ............................... 16
9.5. Construction Period Indemnification and Security ................. 16
9.6. Subsurface Conditions ........ ............................... 16
9.7. Project Amenities ............ ............................... 16
9.8. Holiday Season Construction ... ............................... 17
10. Tax Treatment ........... ............................... .......17
10.1 Tax Benefits .................. .............................17
10.2 Tax Protests .................. .............................17
11. Leasehold Mortgage .................. .............................17
11.1. Tenant Right to Encumber Leasehold ........................... 17
11.2. Lender, Leasehold Mortgage ... ............................... I8
11.3. Lender's Rights Upon Tenant Default ........................... 18
11.3.1.
General .......... .............................18
11.3.2.
Landlord Notice to Lender ........................
18
11.3.3.
Lender's Right to Cure ...........................
19
11.3.4.
Time Period and Manner of Curing .................
19
11.3.5.
Nonmonetary Event of Default ....................
20
11.3.6.
Lender's Acquisition of Leasehold .................
20
11.3.7.
Bankruptcy and Similar Proceedings Against Tenant ...
20
11.3.8.
Method of Notice ...............................
21
11.3.9.
Lender Foreclosure of Leasehold Mortgage ..........
21
11.3.10.
Lease with Lender Upon Termination
of Lease by Landlord ...........................
21
11.4. No Waiver of Landlord's Obligations ........................... 21
11.5. No Financing Liability ........ ............................... 21
11.6. Payment of Landlord's Attorney's Fees .......................... 22
11.7. Estoppel Certificates from Landlord ............................ 22
11.8. Compliance with City Charter .. ............................... 22
11.8.1 Leasehold Interest ..... ............................... 22
11.8.2 Appraisal Procedure .... ............................... 22
11. 8.3 Payment of Appraisers' Fees ............................ 22
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12. Events of Default by Tenant ......... ............................... 23
12.1. Failure to Pay ............... ............................... 23
12.2. Failure to Perform. ........... ............................... 23
12.3. Bankruptcy. Etc .............. ............................... 23
12.3.1. Bankruptcy Filing .............................. 23
12.3.2. Levy or Attachment ............................. 24
12.3.3. Receiver, Etc .... ............................... 24
12.4. Remedies for Default by Tenant ...................... 24
12.5. Events of Default by Landlord .. ............................... 24
12.5.1. Failure to Pay ......... ............................... 24
12.5.2 Failure to Perform ..... ............................... 25
12.6. Remedies for Default by Landlord .............................. 25
13. Condemnation ...................... .............................25
13.1.
13.2.
13.3.
13.4.
13.5.
13.6.
Taking of Entire Premises ..... ............................... 25
Proceeds of Taking .......... ............................... 25
Partial Taking; Termination of Lease ........................... 26
Partial Taking; Continuation of Lease ........................... 26
Temporary Taking ........... ............................... 26
Additional Takings ............. .............................27
13.6.1. Making Repairs . ............................... 27
13.6.2. Terminating Lease .............................. 27
13.7. Inverse Condemnation or other Damages ........................ 27
13.8. Involuntary Conversion ....... ............................... 27
13.9. Payment of Fees and Costs .... ............................... 28
14. Use and Care ..................... ............................... 28
15.
14.1. Use ......................... .............................28
14.2. Operating Standards .......... ............................... 28
14.3. Use Restrictions ............. ............................... 28
14.4. Applicable Law ............. ............................... 28
14.5. Environmental ................ .............................28
Repair and Maintenance ............................ I ............... 29
15.1. Landlord's Responsibility ..... ............................... 29
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15.2. Tenant's Responsibilities ...... ............................... 29
16. Loss of Property ................... ............................... 29
17. Renovation ......................... .............................29
17.1. Tenant's Rights ............... .............................29
17.1.1. Submission of Plans and Specifications ................... 29
17.1.2. Tenant to Obtain Approvals and Permits ................... 29
17.2. Landlord's Cooperation ....... ............................... 29
18. Access to Premises ................. ............................... 30
19. Operation and Management of Improvements ........................... 30
19.1. Control of Parking Structure ... ............................... 30
19.2. Non - Interference .............. .............................30
19.3. Rights to Erect Signs; Revenue Therefrom ....................... 30
19.3.1. Procedure for Signs .... ............................... 30
19.3.2. Allowable Signs ....... ............................... 31
19.3.3. Removal of Signs ...... ............................... 31
19.3.4. Definition of Signs ..... ............................... 31
19.3.5. Revenue from Signs .... ............................... 31
19.4. Landlord's Signs Upon the Project .............................. 31
19.5. Night and Weekend Parking ... ............................... 31
19.6. Indemnification ............... .............................32
20. Surrender of Parking Structure ....... ............................... 32
21. Destruction ......................... .............................32
21.1. Tenant's Duty to Restore ...... ............................... 32
21.2. Interrelationship of Lease Paragraphs ........................... 32
21.3. Insurance Loss Payees ........ ............................... 33
21.4. Reconstruction Delay ......... ............................... 33
21.5. Termination by Destruction ................................... 33
22. Sale of Leasehold, Subletting, Landlord's Assignment .................... 33
22.1. Right to Transfer Leasehold .... ............................... 33
22.1.1. Rights to Sublease ..... ............................... 34
22.2. Landlord Assignment ......... ............................... 35
22.3. Compliance with City Charter .. ............................... 35
22.4. Right of First Refusal ......... ............................... 35
23. Insurance .......................... .............................36
23.1. Acquisition of Insurance Policies .............................. 36
23.2. Types of Required Insurance ... ............................... 36
23.2.1. Commercial General Liability Insurance ............. 36
23.2.2. Umbrella Liability Insurance ...................... 36
23.2.3. Physical Property Damage Insurance ............... 36
23.2.4. Builder's Risk Insurance ......................... 37
23.2.5. Business Interruption ............................ 37
23.3. Terms of Insurance ........... ............................... 37
23.3.1. Primary Policies . ............................... 37
23.3.2. Notice of Change or Cancellation .................. 37
23.3.3. Landlord Not Responsible for Notice or Premiums .... 37
23.3.4. Insurance Company Rating ....................... 37
23.3.5. Mortgage Endorsement .......................... 37
23.4. Landlord's Acquisition of Insurance ............................ 37
23.5. Insurance Money and Other Funds Held in Trust .................. 38
23.6. Application of Proceeds of Physical Damage Insurance ............. 38
23.6.1. Distribution of Unutilized Proceeds ................. 38
23.7. Insurance Appraiser .......... ............................... 39
23.8. Waiver of Subrogation ........ ............................... 39
23.9. Landlord's Insurance ......... ............................... 39
24. Relation of the Parties ............................................. 40
25. Acts of God; Unavoidable Delays ..... ............................... 40
25.1. Acts of God ................ ............................... 40
25.2. Unavoidable Delays .......... ............................... 40
26. Landlord's Covenant of Quiet Enjoyment .............................. 40
27. Brokerage .......................... .............................40
28. Time of Essence ................... ............................... 40
29. Notices ............................ .............................40
30. Compliance with Laws and Ordinances . ............................... 41
WIM
30.1. Compliance .................. .............................41
30.2. Contest by Tenant ........... ............................... 41
31. Representations and Warranties ....... ............................... 42
31.1. Landlord's Representations and Warranties ....................... 42
31.1.1. Authority to Bind ...... ............................... 42
31.1.2. Free of Tenancies ...... ............................... 42
31.1.3. No Actions Affecting Use .............................. 42
31.1.4. No Sewer Impairments ................................ 42
31.1.5. No Moratoria ........ ............................... 42
31.2. Tenant's Representations and Warranties ........................ 42
31.2.1. Authority to Bind ...... ............................... 42
32. Exculpation ........................ .............................42
33. General Provisions ................. ............................... 43
33.1.
Severability .................. .............................43
33.2.
No Waiver ................... .............................43
33.3.
Entire Agreement .................. .......................
43
33.4.
Successors and Assigns ....... ...............................
43
33.5.
Modification and Rescission ... ...............................
43
33.6.
Governing Law ............... .............................43
33.7.
Interpretation ................. .............................43
33.8.
Radon Disclosure ............ ...............................
43
33.9.
No Discrimination ........... ...............................
44
33.10.
Attorneys' Fees ............... .............................44
33.11.
Reasonableness of Approvals .. ...............................
44
33.12.
Duplicate Originals .......... ...............................
44
33.13.
Memorandum of Lease ....... ...............................
44
EXHIBIT A - Legal Description of City Land ....... ............................... 47
EXHIBIT B - Legal Description of MRP Land ...... ............................... 48
EXHIBIT C - Title Exceptions for City Land ....... ............................... 49
EXHIBIT D - Form of Certificate of Waiver of Title Requirements and
Airspace Conditions and Establishment of Lease Commencement ........... 50
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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 as contemplated by Landlord pursuant to its general award set forth in
Resolution No. 198 -97 -10168 effective September 16, 1997, and approved site plan set forth in
Resolution effective February , 1998 (collectively, the "Resolutions "); and
C. 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:
2.1. "Acceptance Notice" means the acceptance notice provided in subparagraph
22.4.
2.2. "Affiliate" means (1) 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
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.
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2.3. "Airspace" means that certain volume of air over the MRP Land as more
particularly described in the MRP Agreement.
2.4. "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.
2.5. "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.
2.6. "Charter" means the municipal charter of the City of South Miami, Florida.
2.7. "City" means the City of South Miami, Florida.
2.8. "Commencement of Construction" means the filing of the notice of
commencement by Tenant or Tenant's authorized representative for the construction of the Project.
2.9. "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.
2.10. "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 Pen-nit
Date.
2.11. "Completion of Construction" means the date upon which the Parking
Structure is issued a certificate of completion.
2.12. "Construction Lender" means the Lender providing the construction loan to
Tenant for the construction of the Project.
2.13. "Construction Period" means the period commencing with the Permit Date
and ending on the Completion Date.
2.14. "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.
2.15. "Development Rights" means the rights granted to Tenant for the development
of the Project pursuant to the terns of this Lease.
2.16. "Effective Date" means the date this Lease is to be fully binding upon the
parties as stated on the execution page hereof.
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2.17. "Fee Interest" means the fee interest in the Airspace portion of the Parking
Structure.
2.18. "Independent Accountant" means an accountant chosen by Tenant's
accountant and Landlord's accountant as more particularly described in Subparagraph 6.1.3.
2.19. "Independent Insurance Appraiser" means an insurance appraiser chosen by
Landlord and Tenant as more particularly described in Subparagraph 23.7.
2.20. "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.
2.21. "Landlord "means the City of South Miami, Florida, a municipality located
in Miami -Dade County, Florida.
2.22. "Lease Commencement Date" means the date on which Tenant has complete
and exclusive possession of the Land and is able to commence performance as contemplated by and
permitted hereunder.
2.23. "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 Term; 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.
2.24. "Lease Term" means the period consisting of 50 consecutive Lease Years.
2.25. "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 connnercial 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.
-3-
2.26. "MRP" means Mark Richman Properties, Inc., a Florida corporation, or any
successor thereto.
2.27. "MRP Agreement" means that certain Air Rights and Development
Agreement made by and between Tenant and MRP dated , 2000 and any amendments
or modifications subsequent thereto.
2.28. "MRP Land" means that certain improved lot at the corner 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.
2.29. "Municipal Space" means a portion of the Parking Structure set aside for use
as a City of South Miami police substation or parking enforcement as more particularly described
in Subparagraph 5.1.2.
2.30. "New MRP Building" means the shell of anew 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.
2.31. "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.
2.32. "Parking Structure" means that portion of the Project which excludes the New
MRP Building and the MRP Land. A portion of the Parking Structure is located within the Airspace.
2.33. "Percentage Rent" means the rent, if any, due from Tenant to Landlord as
provided in Paragraph 5.2.
2.34. "Permits" means all final, unappealed and unappealable building permits and
other permits, licenses, permissions, consents, and approvals required to be obtained from the (1)
City of South Miami, (ii) Miami -Dade County, (iii) 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,
2.35. "Permit Date "means the date all Permits are issued on anon-appealable basis
which allows the construction of the Project to proceed.
2.36. "Project" means the Land, the Parking Structure, the MRP Land and the New
MRP Building together with all other rights and interests appurtenant thereto.
2.37. "Purchase Price" means the purchase price for the Lender's interest in the
Parking Structure as determined by appraisal as set forth in Subparagraph 11.8.
2.38. "Rent" means the sum of Percentage Rent and all other charges due from
Tenant to Landlord under this Lease.
2.39. "Resolutions" means the general award set forth in Resolution No. 198 -97-
10168 effective September 16, 1997, approved site plan set forth in Resolution effective
February , 1998.
2.40. "Sale Notice" means the notice provided by Landlord to Tenant pursuant to
the right of first refusal contained in Subparagraph 22.4.
2.41. "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.
2.42. "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.
2.43. "Second Level Parking Revenue" means the parking revenue generated by the
metered parking spaces on the Second Level Parking Deck.
2.44. "Subtenant" means a person or fine who leases space in the retail or office
components of the Parking Structure or leases one or more parking spaces from the Tenant.
2.45. "Taking" means the acquisition of the entire Parking Structure by any federal
or state sovereign or their proper delegatees, by condemnation proceeding by the power of eminent
domain.
2.46. "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.
2.47. "Successor Tenant" means a person to whom Landlord's interest in the Lease
is transferred as more particularly described in Section 22.1.
2.48. "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,
-5-
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.
2.49. "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.
Lease of Land.
3.1. 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
Tenn.
3.2. Airspace Termination. Pursuant to the MRP Agreement, the Airspace will
be transferred to Tenant upon satisfaction of the conditions provided in Article 7 of the MRP
Agreement. If the Airspace is not transferred to Tenant 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. Tenn.
4.1. Original Tenn. 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.
Parking Meters, Percentage Rent and Minimum Rent.
5.1. 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 ors the Second Level Parking Deck and shall, at
Tenant's cost, install all of the parking meters on the Second Level Parking Deck. Landlord shall
KIM
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 a way 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 of parking 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 may be determined solely by Tenant from time to time (the "Municipal Space "). The Municipal
Space shall be used by the Landlord only for police purposes and in addition for those uses which
relate to Municipal Parking. 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.
5.2. Lease Year Percentage 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 month reporting all items of income and exclusion
required to determine Percentage Rent payable for such period.
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;
-7-
(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, real estate 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 retail leases and other Subtenants
may have net retail or office leases, and Landlord and Tenant agree to make the necessary
adjustments hereunder to allow for such differences in the Subtenant leases; 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:
(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 in compliance 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 Obligation. Notwithstanding anything herein
to the contrary, Tenant shall not have an obligation to pay Percentage Rent to Landlord unless and
until Tenant (1) 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,
5.3. Minimum Rent. For every month, or portion thereof, by which the
Completion of Construction exceeds the date that is twelve months after the Commencement of
Construction, Tenant shall pay to Landlord, as Minimum Rent, the sum of $76,000 per annum,
payable on a monthly basis. Such monthly payments shall be made on or before the tenth of each
month following the month, or portion thereof, for which Minimum Rent is due (the monthly rental
payment shall be pro -rated for partial months). 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.
6. Payment.
6.1. Percent, eg Rent.
6.1.1. Payment of Percentage _Rent. Commencing with the first Lease Year,
Tenant shall pay to Landlord on the 30t' day after the end of each calendar quarter during the Lease
Term an amount equal to the Percentage Rent for such calendar quarter.
6.1.2. Annual Statement. Within ninety days of the end of each Lease Year,
Tenant shall retain an accounting firm to prepare and deliver a statement to Landlord which reports
the Gross Income for such Lease Year. 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 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 15t'
day of the following month the amount of such deficiency which shall be deemed to be Rent due
under this Lease.
6.1.3. 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, Tenant small pay such deficiency to Landlord, within 15
days after the date of Tenant's receipt of Landlord's written determination and associated backup
documentation. In the event the underpayment is greater than 5% 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 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 Rent due
hereunder. If Tenant and Landlord do not agree to the amount or existence of an underpayment,
Tenant's accountant and Landlord's accountant shall choose a third accountant ( "Independent
Accountant ") who shall decide the existence and /or amount of any such underpayment. The
determination of the Independent Accountant shall be issued to Tenant and Landlord in writing and
shall be final and binding on the parties.
6.1.4. 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. All of the books and records shall be physically located and kept in Miami -Dade
County, Florida and shall be retained for a period not less than three years.
6.1.5. Waiver. In the event that neither Landlord nor Tenant objects to the
determination and/or payment of Percentage Rent within the one -year period following the close of
a Lease Year, the Percentage Rent for such Lease Year shall be deemed to be conclusively
determined, and the parties shall have waived all rights to have such Percentage Rent redetermined
except upon showing of fraudulent conduct on the part of either party.
6.2. Delivery of Payment. 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
6.3. Delinquency. The Percentage Rent is delinquent if not received by Landlord
on the 5th day of each month or quarter, respectively, after the date on which such payment is
otherwise due. 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.
Title; Delivery of Possession.
7.1. 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
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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.
7.2. 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, shall cause such Hazardous Materials to be removed
from the land in compliance with all applicable laws and 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 environmental 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 in 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'renant or its successors and assigns, arising as
a result of Landlord's breach or failure to perform any of the terms 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, the Landlord shall have the option of terminating this Lease by providing Tenant with
prior written notice and reimbursing Tenant all fees, costs, and expenses incurred after the Effective
Date. In the event of termination hereunder, the parties 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.
7.3. Alleyway Considerations. The 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 "). The Landlord further acknowledges
that the Alleyway Claim may prevent Tenant from obtaining construction financing for the Project.
Within thirty days of the Effective Date of this Lease, the Landlord shall, at its sole cost,
immediately take whatever actions are necessary to resolve the Alleyway Claim to the satisfaction
of Tenant, the Construction Lender, the title insurance company issuing the title insurance policy
insuring the leasehold mortgage of the Construction Lender, and, if different, the title insurance
company issuing the title insurance policy insuring Tenant's leasehold interest under this Lease.
Landlord and Tenant shall negotiate in good faith to resolve all of the issues regarding the Alleyway
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Claims, including termination of the Lease if the Alleyway Claims are not resolved in an expeditious
manner. Landlord and Tenant shall conclude such negotiations before February 29, 2000.
7.4. 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.
7.5. 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.
8. Zoning Development of Land and Pre - Construction Activity.
8.1. 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. Parkin Structure. A four -story mixed -use building containing
approximately 332 parking spaces, 19,530 square feet of ground floor retail space and 35,000 square
feet of office space to be built on the Land and in the Airspace. The four -story building shall be
constructed to support two additional levels of parking.
8.1.2. New MRP Building. A one story building with a approximately
311,500 square feet of retail space.
8.2. Plans and Schedules. During the pre- construction period, 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
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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. Any construction schedule which exceeds twelve months must receive the Landlord's
written approval, which approval shall not be unreasonably withheld or delayed.
8.3. Landlord Approval. Landlord shall participate in design meetings as an
observer to allow sufficient familiarity with the Plans to facilitate the following review schedule:
83.1. 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 Project or any
modification, replacement, alteration, or addition thereto, unless there is a material change in the
Plans previously reviewed 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.
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.
8.4. 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
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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 obtain all Permits required for Commencement of Construction
within six months of the Effective Date, then either party shall 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 tennination 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.
8.5. 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 or otherwise caused by Landlord's change in the Plans.
8.6. 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.
8.7. 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:
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 of Representative. Landlord may change such designee at any
time upon written notice to Tenant.
9. Construction of Project.
9.1. Conditions Precedent to Commencement of Construction. Tenant shall not
be obligated to commence construction of the Project until the following are satisfied:
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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 abinding 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.
9.2. Commencement of Construction. 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 of the Project in accordance with the terms hereof. As used herein, "Commencement
of Construction" means the filing of the notice of commencement by Tenant or Tenant's authorized
representative for the construction of the Project.
9.2.1. Delay of Commencement of Construction. If within ninety days of
the Permit Date, Tenant has not commenced construction of the Project because items indicated in
Paragraph 9.1 have not been satisfied, either party 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 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.
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9.3. 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.
9.4. 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 ").
9.5. 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.
9.6. 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
fraine 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.
9.7. Proj ect 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 the Parking 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, 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.
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9.8. 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 73rd Street, 58' 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.
10. Tax Treatment.
10.1. Tax Benefits. Landlord and Tenant agree that the maximum federal and state
tax benefits arising from the ownership of the Parking Structure shall inure to the benefit of Tenant.
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 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 contemplated by this Paragraph 10.
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 appeals and take related action which Tenant deems
appropriate in connection therewith. Landlord shall cooperate with Tenant 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 appeals and refunds, and all
amounts payable 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 be distributed as follows: first, to
reimburse Tenant for all costs incurred in connection with the appeal or proceeding; second, with
respect to refunds payable to Subtenants of the Parking Structure pursuant to Subtenant leases, to
such Subtenants in accordance with the terms of e -ch Subtenant leases; and third, to Tenant (any
such refund received by Tenant shall not be Gross Income).
11. Leasehold Mortgage. [Article 11 to be reviewed by Construction Lender's
Counsel]
11.1. 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 long -term 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
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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. Any construction financing obtained for
purposes of building the Parking Structure shall be replaced by permanent financing within fifteen
months of Tenant obtaining a certificate of completion for the Parking Structure. 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.
11.2. 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 malting
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.
11.3. Lender's Rights is Upon Tenant Default. During the continuance 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 the 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 Right 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 any repairs, to continue to construct and complete
the Project, and do any other act or thing required of Tenant hereunder, and to do any act or thing
which may be necessary and proper to be done in the performance and observance of the covenants,
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 be
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 of non 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
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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
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 of the 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 Proj ect 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 clay 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. Bankruptcy and Similar Proceeding 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 the 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;
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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;
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 ofDefault 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.
11.4. 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.
11.5. No Financing Liability. Landlord shall not be required to join in the
Leasehold Mortgage or be liable for it in any way.
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11.6. PUment of Landlord's Attorney's Fees. Any Lender which seeks the benefit
of the terms and provisions of Paragraph 11 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.
11.7. 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.
11.8. 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 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 purchase the Lender's interest in this Lease. 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. The purchase price therefor shall be determined byappraisal
as set forth in Subparagraph 11.8.2 based on the total value of the remaining Lease Tenn and Fee
Interest in the Airspace portion of the parking structure referred to as "Fee Interest."
11.8.1 Leasehold Interest. The value of the Leasehold Interest shall
represent the income stream that Tenant would have received over the remaining Lease Term from
the parking structure excluding the Airspace discounted to a present value.
11.8.2. Appraisal Procedure. The Landlord shall choose one appraiser, the
Lender shall choose one appraiser, and those two appraisers shall jointly choose a third appraiser.
The three appraisers shall perform appraisals and determine the value of the remaining Leasehold
Interest and the Fee Interest, and the average of the three valuation conclusions as set forth in the
appraisals shall be the Purchase Price. The appraisal method to be used by the appraisers shall be
the current method in use by the appraisal industry for similar Projects at the time the appraisal is
conducted. All appraisers chosen pursuant to this Lease shall be members in good standing of the
Appraisal Institute or similar then existing organization.
11.8.3. Payment of Appraisers' Fees. Landlord shall pay the fees and costs
of the appraiser chosen by Landlord. Lender shall pay the fees and costs of the appraiser chosen by
Lender. Landlord and Lender shall each pay one -half of the fees and costs of the third appraiser
chosen jointly by them.
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12. Events of Default by Tenant. The following events are hereby defined as "Events of
Default" by Tenant:
12.1. 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.
12.2. Failure - Performance of Other Covenants. Etc. Failure of Tenant 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 Tenant in this Lease, 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 said 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 an additional reasonable time, within which
to cure the default provided 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 set forth in this Lease
have elapsed without such cure having been effected, the failure of Tenant to perform or comply
with the non- monetary covenants, conditions and agreements of this Lease shall not be deemed an
Event of Default.
12.3. 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 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; or
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12.3.2. Levy 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.
12.4. Remedies for Default by Tenant. If any of the Events of Default by Tenant
shall occur, 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 1 I 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 s -irrender to Landlord the Parking Structure. Upon
the tenmination of this Lease, as provided in this Paragraph 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 in equity, that Landlord has against Tenant.
12.5. 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 ofmoney due
Tenant as 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 to Tenant 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 due to Tenant, 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. 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.
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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 for a 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 an additional reasonable time, within which to cure the default.
Until Tenant has provided Landlord with written notice pursuant to this Paragraph 12.5.1 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.
12.6. 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.
13. Condemnation.
13.1. 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 or state 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's right to recover a portion of the award for a Taking, as hereinafter provided, is 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 and 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.
13.2. Proceeds of Taking. In the event, following any such Taking as aforesaid, this
Lease is terminated, or in the event, following a 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
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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.
13.3. 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 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
Structure at its fair market value for a period of sixty (60) days after the determination of fair market
value, which value shall be determined within one hundred and fifty (15 0) 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.
13.4. Partial Taking; Continuation of Lease. Ifthe 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.
13.5. 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 tenminate 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
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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 term 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.
13.6. 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 or state sovereign or their proper delegatees with the power of
eminent domain appropriates or condemns all or a portion of the Parking Structure and Landlord is
a beneficiary of such Taking, the award shall be divided in accordance with the provisions of
Paragraph 13.8. 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:
13.6.1. Making Repa`xs. Repairing or reconstructing the remaining
portion of the Parking Structure at its expense, in which event the provisions of Paragraph 13.4
herein shall control, or
13.6.2. Terminatin Lease. ease. Terminating the Lease in which event the
provisions of Paragraph 13.3 herein shall control.
13.7. 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 (not involving Landlord) 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.
13.8. 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 13.8
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.
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13.9. Payment ofFees and Costs. All fees and costs incurred in connection with any
condeimnation 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.
14.1. 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
14.2. 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.
14.3. 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.
14.4. 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.
14.5. 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.
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15. Repair and Maintenance.
15.1. 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 parking spaces located on the Second Level Parking Deck and ordinary municipal
services and repairs provided to other commercial buildings in the City of South Miami.
15.2. 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 Premises 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.
17.1. 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:
17.1.1. Submission of Plans 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 are intended to subject to Landlord's approval (i) any
modifications, construction, replacements, or repair in the nature of "tenant work," as such term is
customarily used, (ii) emergency repairs or (iii) any normal and periodic maintenance, operation, and
repair of the Parking Structure.
17.2. 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 it will issue Tenant a written determination either consenting to or rejecting Tenant's 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
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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 of physical inspection of the Project
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 way 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 of
parking revenues and issuance of parking fines on the Second Level Parking Deck.
19. Operation and Management of Improvements.
19.1. 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
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.
19.2. 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
Construction 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.
19.3. Rights to Erect Signs; 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
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signs or advertisements in accordance with Paragraph 19.3.2 below, in or on the Projects 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.
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.
19.4. Landlord's Suns 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.
19.5. Night and Weekend Parking. So long as the City of South Miami is the
Landlord, the Landlord may request in writing 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.
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19.6. 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
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.
21.1. Tenant's Duty to Restore. lt; at any time 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 ".
21.2. Interrelationship of Lease Para rphs. 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.
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21.3. Insurance Loss Pas. 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 ofthe Leasehold Mortgagee preliminary to the release
of said funds. Any proceeds remaining at completion shall be paid to and belong to Tenant.
21.4. Reconstruction Delay. If more than fifty percent (50 %) of the Parldrig
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.
21.5. 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 Leasehold Mortgagee the proceeds shall be used 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 Assi nment.
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 sole discretion after reviewing
the current financial statements provided by the Successor Tenant, that the Successor Tenant has the
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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 principals of the Successor Tenant have not been convicted
of any felony; (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; (iv) The Successor Tenant has not violated environmental laws; (v) the
Successor Tenant is not a party or subject to any agreement, commitment, contract or obligation
which would impede its ability to perform under the Lease Agreement; (vi) with the exception of
the liabilities set forth in the Successor Tenant's financial statements, the Successor Tenant does not
have material liabilities or obligations of any nature, whether absolute, accrued, asserted or
unasserted, contingent or otherwise, whether due or to become due which will materially effect its
financial condition; (vii) the Successor Tenant has not violated 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; (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 of the 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
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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 Assign-men . 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 may be 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
attom 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. Right 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 for as provided in the Sales Notice. In the event Tenant's
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exercises it right to purchase the Land as provided in this Subparagraph 22.4, this Lease shall
terminate 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.
23. Insurance.
23.1. 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.
23.2. 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 Property Damage Insurance. After Completion of
Construction, physical damage insurance covering all real and personal property, excluding property
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.
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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.
23.3. 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..
23.3.5. Mortgage Endorsement. Provide a standard mortgage
endorsement as contemplated in Paragraph 21.3.
23.4. 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.
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23.5. 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.
23.6. 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 form 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 of Unutilized Proceeds. Upon the termination of
this Lease, including a termination as a consequence of damage or destruction of the Parking
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.
23.7. 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 (30) days after the date of such damage or destruction, then each party shall appoint an
insurance appraiser who shall jointly choose a third insurance appraiser (the "Independent Insurance
Appraiser "). The written decision of the Independent Insurance Appraiser shall be binding on
Tenant and Landlord.
23.8. Waiver of Subro ag tion. 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 for a failure to obtain
such insurance until a reasonable time after notification thereof by the other party.
23.9. 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
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.
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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.
25.1. 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 be 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.
25.2. 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 Enioyment. 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.
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 Scurr, City Manager
With copy to:
Earl Gallop
City Attorney for the City of Miami
Nagin Gallop Figueredo
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
As to Tenant:
SPG Phase One, Ltd.
7150 S.W. 62nd 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 wish 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
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.
30.1. 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.
30.2. 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.
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31. Representations and Warranties.
31.1. Landlord's Representations and Warranties. Landlord hereby represents and
warrants to Tenant that:
31.1.1. 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
and Landlord has taken all requisite action and steps to legally authorize it to execute, deliver and
perform pursuant to this Lease.
31.1.2. Free of Tenancies. Landlord shall deliver possession of the Land to
Tenant free and clear of any and all tenancies, occupancies and violations of laws, regulations and
ordinances, except as may be approved by Tenant in writing, and subject only to the rights reserved
herein to Landlord.
31.1.3. No Actions Affectin.R 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.
31.1.4. No Sewer Impairments. There are no administrative or other
proceedings pending, threatened or imminent which would in anyway interfere with, preclude or
impair the furnishing of sewer and water treatment services to the Land.
31.1.5. 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.
31.2. Tenant's Representations and Warranties. Tenant hereby represents and
warrants to Landlord that:
31.2.1. 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 for the satisfaction of each and every remedy of Landlord in the event of any breach by
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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. General Provisions.
33.1. 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.
33.2. 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.
33.3. 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.
33.4. Successors and Assigns. This Lease shall be binding upon the successors,
assigns, and representatives of the parties hereto.
33.5. Modification and Rescission. This Lease maybe modified or rescinded only
by a writing signed by the parties malting 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.
33.6. 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 in the Circuit Court for and in Miami -Dade County, Florida.
317. 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:
33.8. 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
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Florida. Additional information regarding radon and radon testing
may be obtained from your county public health center."
33.9. No Discrimination. Tenant will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, 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.
33.10. Attorneys' Fees. If any action is brought to enforce this Lease or other
document referred to herein, 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 suit or arbitration.
33.11. 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 be in lieu of any required governmental approval of City.
33.12. 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.
33.13. 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.
..
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
2000 ( "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:
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, 2000, 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:
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[SEAL]
SWORN TO AND SUBSCRIBED before me this day of February, 2000, 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:
.e
[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
EXHIBIT C
Title Exceptions for City Land
IN GE
EXHIBIT D
Form of Certificate of Waiver of Title Requirements and Airspace Conditions and Establishment
of Lease Commencement Date
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
t
From: Charles D. Scurr
City Manager
REQUEST
Date: February 15, 2000
Agenda Item # 4Z 44 First Reading: Lease Agreement
with SPG Phase One, Ltd., for a Mixed
Use /Joint Development Parking Garage
Re:
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
Project History - The City of South Miami issued the Request for Proposals in June 1997 for the
municipal parking lot located at SW 73`d Street and SW 58th 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 (R 198 -97- 10168, Attachment 1).
The inita -0 - roject was for a mixed -use parking garage that included the following:
• A, Only the City of South Miami Parking Lot, not including the Richman Property;
• Park:
♦ Tots 257
♦ City & Parking — 73
♦ Code Requ. 'along — 58* (* Includes shared parking credit, does not 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 six
evolutions of the project for consideration by the City.
The first evolution occurred shortly after the initial RFP. SPG expanded the scope of the project to
include the property at the corner of 73rd Street and 58th 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 (R 53 -99-
10677, Attachment 2).
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 ( Attachment 3).
At the City's suggestion, SPG & Richman resumed discussions. On October 1St and 14th, SPG presented
an enhanced project that once again included the Richman property (Attachments 4 & 5). 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
♦ 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 conditions were fully analyzed, that a
modified project would be submitted (Attachment 6).
In December 1999, SPG submitted their "final" project. That project, which is the subject of this lease
agreement, includes the following:
• Area — The City of South Miami Parking Lot and the Richman property;
• Parking Spaces
Total Spaces — 332
♦ City Replacement Parking — 73
♦ Code Required Parking —168*
♦ Net New Parking Available 100% - 91
♦ Net New Parking Available Nights & Weekends - 203
• Mixed Uses
Retail @ 29,530 SF
s Office @ 35,000 SF
Residential @ 0 Units
The geometry of the final project includes the following:
• Ground Level — Retail
• Second Level— 100% Parking
• Third & Fourth Level — 50% Office; 50% Parking
• Roof —100% Parking
The height of the building is approximately 54 feet. The allowable height in the Hometown District is 56
feet. The project, as expected in a garage facility, will include maximum lot coverage. The developer
plans to construct the facility to enable the addition of two additional levels, should they be needed and
allowed at some point in the future.
Financial Considerations
Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the framework of the
Lease agreement (Attachment 7).
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 also continue to enforce (e.g. ticket) on the entire 2"d level and
retain its normal revenue from this activity. This financial arrangement is beneficial to the
City over the long term in that the minimum rent can now escalate over time as parking rates
increase. The initial revenue from parking meters is estimated at approximately $100,000.
The final agreement does not include any cash rental payment to the City during construction.
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.
• 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 $50,000 annually from parking
meter enforcement.
Source
Parking Meters
Percentage Rent
Ad Valorem Taxes
Occupational Licenses
Parking Enforcement
Sum
Amount
$100,000
30,000
50,000
5,000
50,000
$235,000
The current revenues from the surface lot are approximately $76,000 from parking revenues
and $50,000 from parking fines.
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 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 license revenue
received by the City.
The analysis of the final project in comparison to the original project in terms of parking is more complex.
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%
-was 126 spaces and the Net New Spaces Available Nights and Weekends was 133 spaces.
As the project evolved, the optimal project from a parking standpoint was the October 1999 project. This
project included 493 total spaces, with a net gain of 284 spaces 100% of the time and 316 spaces available
on nights and weekends. This project is no longer under consideration because it was withdrawn by SPG
in November 1999 after they concluded that, based on market conditions, it was not financially feasible.
The "final project" includes a total of 332 spaces. The Net New Parking Available 100 % is 91 spaces and
the Net New Parking Available Nights and Weekends is 203 spaces. The project is, therefore, slightly
less advantageous from a development perspective and more advantageous from a night and weekend
retail parking perspective.
Project Total Net 100%
Original 257 126
Final 332 91
Net Nights and Weekends
133
203
The implications of approval of this project from the hometown development perspective are:
• Small Projects - At some point within the foreseeable future, probably within the next 5 years,
surplus parking to support smaller developments will be exhausted. The City will then be
required to: (a) not allow additional small developments; (b) provide relief from parking
requirements; (c) acquire and /or build additional surface and /or structured parking; or (d)
utilize whatever surplus parking, if any, may be available from new mid -size or larger
developments.
• Medium and Large Projects — Mid -size and large projects will be required to provide all
required parking on site. This is physically possible but will require increased lot coverage
allowances.
The proposed Lease is attached (Attachment 8)
Attachments:
1. September 12, 1997 City Commission Resolution (R 198 -97- 10168) authorizing negotiations
With SPG
2. March 2, 1999 City Commission Resolution (R 53 -99- 10677) accepting the proposed
Framework for the Lease Agreement with SPG
3. September 7, 1999 First Reading of the Ordinance for the Lease Agreement with SPG
4. October 1, 1999 Letter from SPG Counsel with the inclusion of the Richman property
5. October 14, 1999 Letter from SPG Counsel elaborating on the inclusion of the Richman
property-
6. November 11, 1999 Letter from SPG Counsel regarding the financial feasibility of the
project
7. February 11, 2000 memorandum from Luis Figueredo re: Proposed framework for a new Lease
Agreement
8. Proposed Lease Agreement
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3
4
5
6
7
8
9
10
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12
13
14
15
16
17
18
19
20
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24
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26
27
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43
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A LEASE WITH SPG PHASE ONE, LTD.
FOR CONSTRUCTION AND OPERATION OF A MULTI -USE
PARKING GARAGE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami is the owner of property located at S.W. 73rd
Street on the south, S.W. 58th' Avenue on the east, S.W. 58t" Court on the west and an
alleyway on the north, which is currently used for surface parking; and,
WHEREAS, the Mayor and City Commission, desiring to develop a multi -use
parking facility on the property, issued a Request for Proposals on June 20, 1997; and,
WHEREAS, the response by SPG Phase One, Ltd. was selected by the Mayor and
City Commission; and,
WHEREAS, the parties have engaged in extensive negotiations over the terms and
conditions of the agreement for the construction and management of the parking facility,
which are contained in the proposed Lease Agreement between the City of South Miami,
as Landlord and SPG Phase One, Ltd., as Tenant (the Agreement); and,
WHEREAS, the Mayor and City Commission have determined that it is in the
bests interests of the City of South Miami to enter into the proposed Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Lease Agreement between the City of South Miami, as Landlord
and SPG Phase One, Ltd., as Tenant, draft dated February 11, 2000, which is annexed to
this ordinance, is approved.
Section 2. The City Manager is authorized to execute the Agreement on behalf
of the City of South Miami.
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, the holding
shall not affect the validity of the remaining portions of this ordinance.
Additions shown by underlining and deletions shown by
I Section 4. All ordinances or parts of ordinances in conflict with the provisions
2 of this ordinance are repealed.
3
4 Section 5. This ordinance shall take effect immediately upon approved.
5
6 PASSED AND ADOPTED this day of 2000.
7
8 ATTEST: APPROVED:
9
10
11 CITY CLERK - MAYOR
12
13 1St Reading —
14 2„ d Reading
15
16 COMMISSION VOTE:
17 READ AND APPROVED AS TO FORM Mayor Robaina:
18 Vice Mayor Feliu:
19 Commissioner Wiscomb:
20 CITY ATTORNEY Commissioner Bethel:
21 Commissioner Russell:
22
Additions shown by underlining and deletions shown by Wig.
Arwom,00t,or /
RESOLUTION NO. 198 -97 -10168
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTI -USE
DEVELOPMENTIPARKING GARAGE, AWARDING A PROJECT FOR
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A_MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73RD STREET, S.W. 58t" AVENUE, AND
S.W. 58TH COURT TO PHASE I,. INC._
WHEREAS, the City of South Miami issued a request for
proposals for design, construction, leasing and management of a
mixed -use development and parking garage with a primary objective
t,o replace the existing parking, meet parking requirements. of the.
mixed -use element of the project, and to provide additional
short -term parking for the area merchants, to be located on city -
owned property at S.W. 731" Street, S.W. 58t'' Avenue, and S.W. 58t"
Court; and
WHEREAS, two proposals were received by the city in response
to the Request for Proposal from: 1) Tropicaire Development,
Inc., and 2)Phase 1, Inc. and,
WHEREAS, both proposals have been reviewed by the city's
consulting engineering firm, C3TS for technical compliancef with
one proposal receiving 81.5 points and the other proposal
receiving 80 points. under the,i.r scoring system. (see attached.
correspondence from C3TS); and
WHEREAS, both proposals have been reviewed by the Hometown
District, Parking Committee.,. a. committee charged with. oversight of
the supply, convenience, safety and management of parking in the
Hometown District. The Hometown District Parking Committee
determined that both proposals submitted represent viable
projects., with_ a 3 -2 vote. suppoi tiang their recommendation (see
attached minutes); and
WHEREAS, the below named project most closely meets the
objeCtive_ of the city to respond. to an axis.ting and growing
parking shortage in the city's downtown retail district and
provides strongest financial return to the city.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission award the
project to Phase I for design, construction, leasing and
management of a multi-use/parking garage development to be
located on city -owned property at S.W. 73rd Street, S.W. 58th
Avenue, and S.W. 58th Court.
Section 4. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 16th day of Sep er, 19 7.
ATTEST: AP
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF SOUTH MIAMI
MOW
INTER- OFFICE MEMORANDUM
To: Mayor and Commission
Frqli�p
. e tt
City Manager
Date: September 12, 1997
Agenda Item # 4
Subject: Comm. Mtg. 9/16/97
Parking Garage/Mixed -use Project
The attached resolution will award the proposed project for design, construction, leasing and
management of a mixed -use development and parking garage to provide additional parkin on
the existing municipal parking lot located at SW 73`d Street, SW 58`h Avenue, and SW 58
Court.
Two proposals were received in response to the City's Request for Proposal:
Tropicaire Development, Inc.
Phase 1, Inc.
The proposals have been reviewed, and minutes of the Hometown District Parking Committee,
and the analysis prepared by the city's consulting engineering firm, OTS, are attached for your
review.
Due to delays in convening a quorum of the Hometown District Parking Committee, the City
Manager's review and recommendation has not been prepared for distribution at time of
issuance of this agenda package. This recommendation will be made available on September
16, prior to the Commission meeting.
t
y
SUMMARYMINUTES
HOMETOWN DISTRICT PARKING COMMITTEE
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1997
Conference Room
5:30 P.M.
L CALL TO ORDER
A. Dr. Anna Price, Mayor, called the meeting to order at 5:47 p.m.
II, ROLL CALL
A. Mayor Anna Price; Ms. Lidia White; Mr. George Wilson; Ms. Cathy McCann; Mr. Michael
Comras
B. Ms. Diana Morris, Assistant to the City Manager; Mr. Ron Stroyne, Parking Director; Brian
Soltz, Planner
IIL REQUESTS FOR REVIEW
A. Submittals received in response to the Request for-Proposal (RFP)
1. The Committee reviewed the two proposals received in response to the City's RFP for a
mixed -use development project in the Hometown District.
a. Mr. Javier Salmon, of C3TS, the City's consultant on the matter, began by referencing their
letter to Ms. Diana Morris, dated August 21, 1997, which transmits the firm's findings to the
City.
b. Mr. Salmon continued by elaborating on the specifics of the letter, including the evaluation
criteria used to assess the two proposals submitted to the City.
c. During review, particularly in consideration that both proposals were rated closely in total
number of points, Mayor Price inquired as to whether both teams had the ability to successfully
complete the project, and Mr. Salmon responded affirmatively.
d. As review continued, the Committee considered a range of issues, including financial matters,
parking issues, project design questions, and Hometown Plan concerns.
HDPC Min 09/11/97 1
e. Motion: Mayor Price moved approval to recommend Team Number 1, or Phase I, Inc., for the
project based on the following reasons (1) income to the City; (2) number of parking spaces; and
(3) number of lease years after 50 years.
f. Motion died for lack of second.
g. Consideration of the matter continued, particularly in regard to financial concerns, including
financial return, for the City as they involve the two projects.
h. Second motion: Ms. Lidia White moved approval to recommend Team Number 2, or
Tropicaire Development, Inc., for the project. Ms. McCann seconded the motion.
i. Vote: Approved: 3 Opposed: 2
(Mayor Price)
(Mr. Comras)
IV. MINUTES
A. Minutes from the August 8, 1997 meeting.
1. Motion: Ms. McCann moved approval of the Minutes for August 8, 1997, as submitted. Ms.
White seconded the motion.
2. Vote: Approved: 5 Opposed: 0
V. REMARKS
A. There were none.
VII. ADJOURNMENT
A. There being no further business before the Committee, the meeting was adjourned at
approximately 6:15 p.m.
B. Respectfully,
1.
Mayor
2.
Staff Liaison
"City of Pleasant Living"
HDPC Min 09 /11/97
August 21 1997
Engineer City of South Miami
s
Architects 6130 Sunset Drive
P l a n n e r s South Miami, Florida 33143
EB0005022
AAC002142
ATTENTION: Ms. Diana Morris
Assistant to the City Manager
REFERENCE: RFP for Mixed Use Development
C3TS Project No.: 1929- 03.01
Dear Ms. Morris:
We are in receipt of the additional information requested by your office from the two
submitting developers. As stated in our meeting on the evening of August 8th, this
information was requested in order for us to complete our review and make our
recommendations to the Parking Committee. We have reviewed the information and
revised our evaluation form and are enclosing the same for your review.
Based on the proposals submitted together with the additional information requested, we
feel that both Phase I and Tropicaire have done exceptional work in preparing very
competitively proposals. Both proposals exhibited creativity, well thought out financial
planning and unique approaches to this development. However, when both proposals are
weighed in accordance with the R.F.P., evaluation criteria as set forth in Section 3
paragraph 4, sub section D, the results are as follows:
Tro icaire
N/A
19*
25 pts.
13.5 pts. ($42,009.00)
24 * **
81.5
Therefore, it is our recommendation to the Hometown District Parking Committee that they
recommend to the City Manager and Council to enter into negotiations with the number
one rank team (Tropicaire. Development, Inc.) and in the event negotiations be
unsuccessful, that negotiations be commenced with the second rank team (Phase I
Development).
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33 134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Phase I
Criteria Panel
N/A
Evaluation /Qualifications
10*
Financial Ability
25 pts.
Financial Return (year 2)
25 pts. ($77,938.00) **
Overall Design
20 * **
80
Tro icaire
N/A
19*
25 pts.
13.5 pts. ($42,009.00)
24 * **
81.5
Therefore, it is our recommendation to the Hometown District Parking Committee that they
recommend to the City Manager and Council to enter into negotiations with the number
one rank team (Tropicaire. Development, Inc.) and in the event negotiations be
unsuccessful, that negotiations be commenced with the second rank team (Phase I
Development).
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33 134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Ms. Diana Morris
August 21, 1997
Page 2
Should you have any questions or comments, please do not hesitate to call us.
Sincerely,
Z lla Cabailo Thompson Salman, P.A.
Iman, R.A.
ent
JFS /er
* Relates to the review of development proposal, team and feasibility - total quality
points.
** Parking income adjusted due to special exception requirement (194 spaces).
* ** Adherance to home town plan.
cc: L. Dennis Whitt, City Manager
William Mackey, City Planner
Earl Gallup, Esq., City.Attorney
C:11929-03%11082197. D M
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3±
x#'(929'03 d1r,�IIIIXED USE `DEVELOPMENT'SUBMITTAL.SUMMARY 3 x�; 8/2119`
TEAM NO. 1 TEAM NO. 2
Project Financial Q.P. Project Financial Q.F
1.01 Total Cost: $3,550,000.00 0 1.01 Total Cost: $4,487,450.00
1.02 Equity: $ 887,500.00 0 1.02 Equity: $2,087,450.00
(Equity required from City = 0)
1.03 Soft Cost: $ 300,000.00 0 1.03 Soft Cost: $ 733,000:00
1.04 Gross Income: $ 678,768.00 - ' 1.04 Gross Income: $ 420,089.00/year 1
1.05 Gross Expense: $ 513,052.00 - 1.05 Gross Expense: $ 329,222.00/year 1
1.06 Net Income: $ 165,716.00 - 1.06 Net Income: $ 90,867.00 /year 1
1.07 Income to City: $44,000 year 1 1 1.07 Income to City: Minimum $30,000.00 /year 1
(10% Gross income - Building)
1.08 Projected Escalation Rate: N/A 1.08 Projected Escalation Rater 1.15%
1.09 Income to City: $38,860 (5 % of gross income) + 1.09 Income to City: $46,020.00 /year 10
$44,000.00 = $82,860 year 10 1
1.10 Finance Term: 20 year / ? % 0 1.10 Finance Term: 30 years / 9 %
1.11 Lease Term: 50 years 1 1.11 Lease Term: 99 years
1.12 Financial Statement 1996: Yes 0 1.12 Financial Statement 1996. Yes
1.13 Net over Gross 1996: N/A 0 1.13 Net over Gross 1996: 18.4%
1.14 Net over Gross 1997 to July 23: 16 % _
TOTAL Q.P. 3 TOTAL Q.P.
Comments:
_ . Comments:
a �fi
1. Estimated construction cost appears low due to 1. Assumes 100 % lease -up in first year.
low soft costs. 2. Projected construction period of 6 months i.
2. Costs for parking - 257 spaces @ 300 SF /Space unrealistic.
divided by $1,790,000.00 = $23.00 /SFe 3. Flex space rent projection may be low.
3. Debt to equity of 75125 appears low._- _. 4. Contingency is 5% of Building Const. Cost.
;' .
.,, 4. for 20 year financing, amortization schedule F 5. Money for tenant improvements during lease -u
does not appear to work - will need clarification to be negotiated with tenant.
5. No Performa provided. 6. Revised Performa shows parking loosing mone
6. Contingency is projected @ 2% . 3 (14,210).
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P
#1929 -03 01 MIXED USE DEVELOPMENT SUBMITTAL SUMMARY N 8!21/97
TEAM NO. 1 TEAM NO.2
Project Physical Q.P. I Project Physical
2.01
Project Size Total:
100,100 S.F.
1
2.01
Project Size Total:
78,600 S.F.
2.02
Retail:
15,000 S.F.
-
2.02
Retail:
14,991 S.F.
2.03
Office:
N/A
-
2.03
Office:
18,650 S.F. (Flex)
2.04
Parking:
77,100 S.F. Est.
-
2.04
Parking:
37,500 S.F.
2.05
Other:
8.000 S.F.
-
2.05
Other: 7,459 S.F. (circulation /common)
2.06
Parking Spaces:
257
1
2.06
Parking Spaces:
125
2.07
Basement:
N/A
-
2.07
Basement:
N/A
2.08
1 st Floor:
Retail
1
2.08
1 st Floor:
Retail
2.09
2nd Floor:
Parking /Office - Retail
.
2.09
2nd Floor:
Parking
2.10
3rd Floor:
Parking
-
2.10
3rd Floor:
Parking
2.11
4th Floor:
Parking
-
2.11
4th Floor:
Office/Residential
2.12
5th Floor:
Parking (Roof Levei)
-
2.12
Conforms to "Home Town Overlay District": No'
2.13
Conforms to "Home Town Overlay District": No'
0
2.13
(See Below)
(See Below)
I
,P
TOTAL Q.P.- 3
Comments:
"1. Alleyway at rear (north) access removed due to
ramp.
'2. No arcade or canopy shown.
3. Internal radii for turns in parking will reduce total
count by approximately 16.
4. Mechanical equipment well will require forced
ventilation.
5. large vehicle delivery will conflict with ground
floor parking.
6. Special_ exception required for use of roof as
parking. Section 20 -7.22 will reduce parking to
194.
TOTAL Q.P.
Q.P.
4
0
1
0
1
1
1
Comments:
1. Travel distance and organization of uses will
probably require sprinklers - cost will increase.
*2. 67' width of ramp does not allow for retaining
alleyway as shown on home town plan.
3. Area under ramp will need to be blocked in.
4. FPL vault and area too big.
'5. Trash area too small -will need more dumpsters.
No access to trucks.
6. Turning radii for parking after Ramp 2 is non -
conforming without losing 4 spaces. Could be
solved by extending parking plate over arcade
as per 20 -7.9, 20 -7.8. of HTPOD
"7. Arcade /Colonade depth less than 8' -0" clew
along 58th Avenue and 73rd Street.
8. No elevation along S.W. - Will not preserve
street facade.
9. Project is overall feasible with minor
modifications.
IN
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' S A y 8 /21/97
#1929 =03 01 k x MIXED USE DEVELOPMENT SUBMITTAL SUMMARY
TEAM NO.1 TEAM NO.2
Development Team O.P. Development Team Q.P
3.01 Developer: Phase 1, Inc./Walbridge Aldinger /Garrit 3.01 Developer: Tropicaire Development, Inc.
Construction 1
3.02 Ownership: Albert S. Elias, Gwynn M. Elias, and L. 3.02 Ownership: Richard W. Ogden - 100%
Jeffrey Lane, G.P. 0
3.03 Experience:1980 Development/1972 Construction 0 ` 3.03 Experience: 1984 Development
3.04 Est.: 1997 0 3.04 Est.: 1997 C
3.05 Max. Dev.: $37,500,000.00 0 3.05 Max. Dev.: $28,000,000.00
3.06 Min. Dev.: N/A ($300,000.00) - 3.06 Min. Devi: $1,600,000.00
3.07 Architect: Ferguson Glasgow Schuster Solo, Inc. 3.07 Architect: R.J. Hiesenbottle Architects, P.A.
3.08 Contractor: Walbridge Aldinger /Garrit Construction 1 3.08 Contractor: N/A
3.09 Urban Planner: N/A - 3.09 Urban Planner: Wallace Roberts Todd
3.10 Bank: N/A - 3.10 Bank; Dadeland Bank
3.11 Management Company: Phase 1, Inc. 1 3.11 Management Company: Tropicaire Development
3.12 Bond /Surety: AON Risk - Contractor Only 1 3.12 Bond /Surety: Clarion Insurance Agency, Inc.
3.13 References: 2 Total: 0 3.13 References: 4 Total:
1) Don d'Adesley, First V.P., Paine Webber; 1) Ronald Shuffield, President, Esslinger
2) Christopher Mattews, Assistant. V.P., Bank Wooten Maxwell;
United 2) Bruce Anglin, Senior V.P., Loan Officer,
Dadeland Bank.
TOTAL Q.P. 4 TOTAL Q.P. c
Comments: Comments.
1. Limited similar experience. 1. Good references and experience - -Good Team
2. Development references adequate. 2. Lack of contractor needs to be addressed.
3. Similar Land Lease/Development ment ex erience
3. Established contractor lends credibility. = p p
r i.e. Tropicaire Theater Land.
r s =�
s:
C.TROJECTSt192943WAMEDUSE.I RV
'HE HERALD. FRIDAY, JUNE 20,1997 F ` <-
)on.
lawyer, Jesse . McCrary,
-it aosotumiy-wtu nave a cnrit-
ing effect." Zukoff said. "We live
in a free society, with govern-
J with raping two home-
�+ c
City of South Miam1
not say why Neal opted for
tance for his "family of five,"
of Homestead, Wilton
a bargain.
d all the talking I'm going
meat in the sunshine. With this
case, the state attorneys office
Request for Proposal/Public Notice —
for des
design, construction, leasing and
n court," McCrary said.
prosecutors began inves-
has shown it will not tolerate
people, whoever they are, dis-
management of mined use
Neal last December after
obeying the state's public-records
development project
Whitt City. Manager
Whitt complained that
Whitt, now city manager of
The City of South Miami is inviting intereste,,
g
lad ignored 35 public -re-
�th Miami, said he wasn't ask -
parties to submit sealed proposals for plannini
-equests — mailed, faxed
livered by certified mail to
ing for privileged records that
would have been exempt under
design, construction, leasing and management C
g g g
i manager's office.
state law. All public officials
an lnfill mixed -use development project whit:
P )
's initial defense: The
must comply with the law, he
includes a parking garage on approximately .7
is were frivolous and
was harassing him. So he
s I, I take no pleasure in filing a
complaint a
acre City -owned property located within th
Hometown District and bounded b S.W. 73rd S
J them.
mg the requests: copies of
against public ofB-
cif'' Whitt said. "I just need my
y
on the South, S.W. 58th Avenue on the East, an,
cs complaints against Neal
public records."
S.W. 58 CL on the West. The property is curmntl
)reakdown of his city cellu-
Centorino and McCrary agreed
being used as a municipal parking lot.
one bills showing which
ere not for city business.
that those records now must be
provided. But Opa -lock t.ofiicials
Request for Proposal packets must be icked up ai
ecutors could have
say they have no copies of the
City Managers Office
d Neal with 35 separate
al counts. But Whitt's
; requests.
"The public records requests
6130 Sunset Drive
n charged with raping teen couple
'.- year -old man has been
them off' as his children so he
J with raping two home-
could seek state or county assis-
enagers he met on the
tance for his "family of five,"
of Homestead, Wilton
police said.
s Police said Thursday.
A Baptist minister from Holly -
o Hernandez of Wilton
wood helped the five move into a
S is charged with three
of.sexual battery for the
Wilton Manors apartment.
xOW TVs w 0 52' • 9�6ataYM evnrra
SaMlsYBys
``sis
Last Friday and Saturday, Her-
nandez sexually assaulted the girl
- year -old boyfriend, said
etc Bigelsen.
in the apartment at knifepoint,
,andez, who has a long-
police said. On Monday, he alleg
edly raped her boyfriend.
irifriend and a 4-year -old
Both teens left the apartmentz
befriended the teenage
Monday - separately, neither
who were out of work.
knowing the other had been
ldez intended to pass
assaulted, police said.
t3eactr, Florida331797
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SaWrI June 21st 10:30 A.M.
Assets Moved For Convenience Of Sale To
18500 N.E 51h Ava. No. Miami
110NS 1 -95 to Miami Gardens Dr.. west 1st
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South Mianu, FL 33143
(305) 663 -6338
All proposals must be submitted in accordanc
witfft Request for Proposal document.
All proposals must be delivered to the office of th
City Clerk, 6130 Sunset Dr., South Miami, Florid
on or before July 10, 1997 at 3:00 p.m. Immediate]
after, all sealed proposals received will be ppublicl
opened and acknowledged. All proposals sha
accompany a non- refundable cashier's check fc
$2,500 to cover cost incurred or to be incurred b
the City in preparing, issuing and evaluating thes
proposals.
The City of South Miami reserves the right t
- accept any proposal deemed to be in the be.,
interest of the City, to waive any uTe&!iIarities i
any proposals, or to reject any and/or all proposes
and to re- advertise for new proposals.
=0 REQUEST FOR PROPOSALS
�Ww PUBLIC HEARING
A public healing will be held on Tuesday. July 8, 1997 at 9:00 a.m. b,
the Dade County Board of County Commissioners in the Commission
Chambers located on the second floor of the Metro -Dade Center, 11
N.W. First Street. Miami. Florida, at which time the Board wi
consider the adoption of an ordinance entitled:
ORDINANCE APPROVING AMENDMENT TO FLORIDA CIT
COMMUNITY REDEVELOPMENT PLAN RELATING TI
REDEVELOPMENT OF FLORIDA CITY COMMUNIT
REDEVELOPMENT AREA LYING IN TOWNSHIP 57 SOUi
RANGE 39 EAST, SECTIONS 19 AND 30 AND TOWNSHIP 5
SOUTH, RANGE 38 EAST, SECTIONS 24 AND 25. DADE COUNTI
FLORIDA. DESCRIBED GENERALLY AS BOUNDED BY REDLAN
ROAD ON THE WEST. N.W. 2ND STREET AND LUCY STREET 0
C nI1,`s. YHIUH
JAY'SU
AUC7T01V1EERS-
5.9.
8500
Ne5ttrAvenue;..N®.
�L
:PAI CAMIdied
Miami
t3eactr, Florida331797
Jr1- oi��%-.
uceHS�auez
.�sao:ae.r�ckoEO.r�s..wcn
FAJC3O5=
653- �fiFi�l'F
=0 REQUEST FOR PROPOSALS
�Ww PUBLIC HEARING
A public healing will be held on Tuesday. July 8, 1997 at 9:00 a.m. b,
the Dade County Board of County Commissioners in the Commission
Chambers located on the second floor of the Metro -Dade Center, 11
N.W. First Street. Miami. Florida, at which time the Board wi
consider the adoption of an ordinance entitled:
ORDINANCE APPROVING AMENDMENT TO FLORIDA CIT
COMMUNITY REDEVELOPMENT PLAN RELATING TI
REDEVELOPMENT OF FLORIDA CITY COMMUNIT
REDEVELOPMENT AREA LYING IN TOWNSHIP 57 SOUi
RANGE 39 EAST, SECTIONS 19 AND 30 AND TOWNSHIP 5
SOUTH, RANGE 38 EAST, SECTIONS 24 AND 25. DADE COUNTI
FLORIDA. DESCRIBED GENERALLY AS BOUNDED BY REDLAN
ROAD ON THE WEST. N.W. 2ND STREET AND LUCY STREET 0
City of South Miami
INVITATION TO BID/PUBLIC NOTICE
The City of South Miami is inviting interested parties to submit sealed proposals for planning,
design, construction, leasing and management of an infill, mixed -use development project on
approximately .70 acres of City -owned property located within the Hometown District and
bounded by S.W. 73`d St. on the South, S.W. 5 8 h Avenue on the East, and S.W. 58 Ct., on the
West. The property is currently being used as a municipal parking lot.
All proposals must be submitted in accordance with the Request for Proposal document. This
document contains detailed and specific information regarding the property being offered for
infill development and the type of redevelopment that would meet the City's goals with respect
to the development objectives and downtown and more specifically of the Hometown District.
All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami,
Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received
will be publicly opened and acknowledged. All proposals shall accompany a non- refundable
cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing,
issuing and evaluating these proposals.
The City of South Miami reserves the right to accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in any proposals, or to reject any and/or all
proposals and to re- advertise for new proposals. Any proposals deemed by the City to be non-
responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the
project evaluation process. In making such determination, the considerations to be used by the
City shall be, but not limited to, developer's experience and qualifications, capability of the
development team, developer's financial qualifications and strength, financial return for the City
and the overall design concept.
For further information, please call or write:
City Manager's Office
6130 Sunset Drive
South Miami, FL 33143
(305)663 -6338
2. INTRODUCTION AND PROJECT OVERVIEW:
A. Site Location: The proposed ill development project is located in the City's Hometown
District, and is generally bounded by S.W. 73' St. on the South, S.W. 58`s Avenue on the
East, and S.W. 5 8`' Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1).
B. Physical Description: The project area consists of approximately .75 acres of land and
includes 142.5 feet of frontage on S.W. 73`d St. and 150 feet of frontage along S.W. 581h
Avenue. The subject property is currently paved and is used as a municipal metered parking
lot.
C. Project Overview: In November of 1992, members of the community gathered for a public
"Charrette" or a design workshop on the future of the downtown area. The design workshop
included several days of around -the -clock design sessions and discussions. This public
process brought together people from all segments of the community, professionals from all
levels of governments and a diverse group of consultants to develop a common vision for the
downtown. This common vision is called the Hometown Plan which later was codified in
the Hometown District. The plan is based on the concept that like a traditional, small -town
downtown, South Miami downtown ought to be a neighborhood where a full range of uses
exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The
plan is based on the concept that the streets belong to people and the awareness of how
individual buildings relate to each other and how users collectively interact with the sidewalk
and the street will determine the success of creating people friendly streets and public
squares. The plan identified a series of "Initial Projects" to act as catalyst for re-
development.
3. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION
A. Unified Development: The City is soliciting proposals from private developers or
individuals who can provide the City with an integrated improvement package including but
not limited to planning, design, construction, leasing and management for the City -owned
property currently occupied by the municipal metered parking lot.
B. Commitment of Funds: The City shall provide no direct or indirect financing to the
development. The City will enter into a long -term property lease agreement with the
successful developer for an annual rent payment which may be comprised of a minimum
guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of
the property lease agreement shall be negotiated to complement the financing strategy and/or
the depreciation schedule.
The successful developer is required to provide all the necessary financing for all aspects of the
proposed development.
C. Proposal Development Considerations: All proposals must consider and adhere to the
following factors in developing the project proposal.
I
2.
3.
4..
Development Objectives: The primary objective is to design a people- oriented mixed -use
development to provide active building edges along S.W. 73`d Street and S.W. 58`h Avenue,
and an adequate supply of off- street parking. The amount of parking provided shall not only
replace the existing parking and meet the requirements of the project, but also provide
additional short-term parking for the area merchants. The project is envisioned to be three -
story to four- stories in height and to act as a. demonstration project for infill development.
The retail components are expected to cater to the smaller tenants to create pedestrian
friendly and diverse strorefronts. The project design shall be supportive of and in keeping
with the proposed Comprehensive Master Plan for the City and comply with all the related
Hometown overlay ordinances.
Lease Terms and Annual Lease Payment: The terms and conditions of the Lease Agreement
between the City and the successful developers, including length of agreement and annual
payment shall be negotiated to complement the financing strategy and/or depreciation
schedule; however, all proposals submitted should define these terms as part of the lease
agreement terms.
Site Improvements: The existing improvement shall be cleared by the developer and all site
improvements must comply with all applicable code requirements, and the successful
developer shall be responsible for acquiring all required permits and do the necessary impact
studies.
Proposal Format: Proposals submitted in response to this invitation must include the
following information:
A. Credentials:
Development Team
Qualification/Experience
Financial capacity to undertake project
References
B. Project Proposals:
Development Plan
Illustrative Plans
Proposed Lease Term and Rent Schedule
Operating pro - formas of anticipated lease term
Implementation schedule
Operational Management Plan
C. Additional Requirements:
Financial Statement
Letters from Financial Institutions
Letter indicating Developer's ability to obtain necessary bonds and insurance
D. Evaluation Criteria:
Citizen Panel
Evaluation/Qualification 25%
Financial Ability 25%
Financial Return 25%
Overall Design 25%
1V
E. Performance and Payment Bond:
F. Compliance with Federal, State and Local Laws:
G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and
submitted to:
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
H. Tentative Schedule:
Issuance of Request for Proposal -------- June 20,1997
Proposal Submission Deadline - - - - - - June 11, 1997
For additional information, contact or write:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
I. Enclosures:
a. Existing Aerials
b. Maps of the proposed re- development site and surrounding areas.
c. Hometown Plan documents (includes zoning map)
�• 1
ft?TAf�A9C�VT 2
53 -99 -10677
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAPTIAL
IMPROVEMENTS; ACCEPTING THE PROPOSED FRAMEWORK
FOR LEASE AGREEMENT BETWEEN THE CITY AND SPG PHASE
ONE, LTD.; DIRECTING THE CITY ATTORNEY TO PREPARE A
LEASE WITHIN THE ACCEPTED FRAMEWORK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami issued a
Request for Proposals for the design, construction, lease, management and operation of a
mixed -use retail /office and parking facility on property owned by the City and bounded
by S.W. 73rd Street on the south, S.W. 58th Avenue on the east, S.W. 58th Court on the
west and an alleyway on the north [App. 2]; and,
WHEREAS, the Mayor and City Commission accepted the proposal by SPG
Phase One, Ltd., for negotiating purposes [Apps. 3,4]; and,
WHEREAS, the City's negotiating team has negotiated, and has recommended to
the city commission, a proposed framework for a lease agreement between the City and
SPG. [App• 1 ]
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The proposed framework for a lease agreement between the City
and SPG is accepted. The City Attorney is instructed to prepare a lease agreement
between the parties within the accepted framework and to present it to the city
commission as soon as it is prudent and feasible.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of March, 1999.
VATTES APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
ITY ATTORNEY
COMMISSION VOTF:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Russell:
Commissioner Bethel:
Additions shown by underlining and deletions shown by
5 -0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
i
To: Mayor and Commission Date: March 2, 1999
From Charles Scurr Agenda Item #
City Manager Proposed Frame.. _ Agreement:
SPG Phase One, Ltd. Parking Garage
Earl Gallop
City Attorney
REQUEST
Approval is requested of the attached Proposed Framework for the Lease Agreement with SPG
Phase One, Ltd. for the joint development mixed use parking garage on 73rd Street.
BACKGROUND AND ANALYSIS
The City of South Miami issued the Request for Proposals in June 1997 for the municipal
parking lot located at SW 73`d Street and SW 58 th 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 Phase 1, Inc.
The finalization of the contract and implementation of the project have been delayed due to a
number of factors. The City Mana er set a deadline date of January 30t ", which was
subsequently extended to February 28t , to resolve all issues and conclude negotiations. All
parties, with the assistance of Commissioner Oliveros, have come to the table and we now
believe that all outstanding issues have been resolved.
The attached Proposed Framework outlines all of the major parameters of the Lease Agreement
for the project. These parameters include a definition of the project, payments to the City, term
of the lease, exercise of a lease extension option, air rights development on the adjoining
Richmond parcel, financing, signage and a number of other issues.
If approved by the Commission the full Lease Agreement will be placed for first reading on the
next Commission Meeting. The leasing of City property is done by Ordinance and requires a
four fifths majority.
RECOMMENDATION
Approval is recommended.
MEMORANDUM
TO: Charles Scurr, City Manager
FROM: Luis Figueredo
DATE: February 25, 1999
RE: Proposed Framework for Lease Agreement Between City of South
Miami and SPG Phase One, Ltd. ( "SPG ")
The provisions set forth below reflect the tentative agreement reached between
representatives for the City of South Miami and SPG. SPG has been advised and
understands that the terms conceptually agreed to are not binding and must be approved
by the City commission:
1. Ground Lease. The City, as landlord, and SPG, as tenant, shall enter into
a ground lease (the "Lease ") for a parcel of land. (.70 +/- acres) currently
used as a municipal parking lot, owned by the City and bounded by S.W.
73`d Street on the south S.W. 58t" Avenue on the east, S.W. 58th Court on
the west and an alleyway on the north (the "Land ").
2. Development. SPG will design, construct, lease, manage and operate a 4
story mixed use retail and garage parking facility comprised of
approximately 20,000 ( + / -) square feet of retail space and approximately
378 parking spaces (the "Facility "). SPG shall be responsible for all costs
of building the Facility, and the City shall not be responsible for paying
any such costs.
3. Minimum Rent. SPG shall pay the City $44,000 per year as minimum
rent in equal monthly installments. The payment of Minimum Rent shall
commence when the City turns over possession and control of the Land to
SPG.
4. Additional Rent. SPG shall pay the City an amount equal to five (5 %)
percent of the gross income derived from the retail space rental (exclusive
of standard tenant pass through expenses such as real estate taxes and
insurance) and parking income.
5. Supplemental Rent, Ownership of the Facility, and Ad Valorem
Taxes. The City shall own the Facility as provided in Paragraph 6 below.
Fifty (50 %) percent of the ad valorem real property tax savings from City
ownership of the Facility shall be paid by SPG to the City as
"Supplemental Rent." SPG shall assure itself that no portion of the real
Page 1 of 4
APP. 1
property and improvements will be subject to ad valorem taxation. The
City agrees to cooperate with SPG in obtaining appropriate tax rulings
with regard to ad valorem tax savings. SPG shall bear the risk and all
responsibilities for an adverse decision.
6. Documentary Stamp Tax. Due to the documentary stamp tax on the
transfer of the Facility from SPG to the City, the parties agree that: SPG
shall build the Facility on behalf of the City so as to not incur
documentary stamp tax:
7. Amenities Fee. SPG shall pay a 1.5% amenities fee which the City
recognizes SPG will satisfy with the design elements to be incorporated
into the Facility.
8. Term. The initial term of the Lease shall be thirty (30) years with one
option to extend the term of the Lease, for an additional twenty (20) year
period.
9. Exercise of Lease Option. The City Commission shall vote whether to
exercise the lease extension option (effective at the conclusion of the
original thirty (30) year term) prior to the commencement of year twenty
eight (28) of the Lease. At that time the City shall have the following
options:
(i) Exercise the lease option extending the term of the original lease
an additional twenty years; or
(ii) Compensate SPG for the value of the improvements of the MRP
Properties Air Rights and net present value of the projected
revenues which would be lost by SPG if the lease is not extended.
The appraisals for the value of the development of the MRP Properties Air
Rights and lost revenues shall be conducted in accordance with the then
prevailing industry standards. The City and SPG have agreed to each
select one appraiser. The two appraisers shall select a third appraiser. The
three appraisers shall determine the net present value of the revenues as
well as the value of the MRP Properties Air Rights and provide the
Commission and SPG with one report. If the two appraisers cannot agree,
the City and SPG agree to be bound by an independent appraisal prepared
by the third appraiser.
10. MRP Properties Building and Air Rights. SPG will cause the air rights
( "Air Rights ") over the MRP Properties' site property (located at the
corner of 581h Court and 73rd Street) to be deeded to the City as provided
in the separate development agreement between SPG and MRP Properties
(the "MRP Properties Agreement").
11. Financing. SPG shall procure a construction loan to build the Facility
from an institutional lender which provides such loans in the normal
course of business. The construction loan shall be replaced by permanent
financing within 15 months of SPG obtaining the certificate of completion
for the Facility.
12. Alleyway Issue. The City and SPG shall cooperate with each other to
resolve the alleyway issue on the north side of the land to their mutual
satisfaction.
13. Security. SPG shall cause its contractor to 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.
14. 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).
15. Environmental. SPG has performed, at its. cost, a Phase One
Environmental Assessment of the Land. SPG advises that the Phase One
Environmental Assessment has shown no adverse environmental
conditions.
16. Late Payments. Maximum penalty is (5 %) of amount overdue.
17. Insurance. SPG will carry the typical forms of insurance normally
associated with a project of this type.
18. Excess Payments. SPG shall continue to be responsible for any and all
expenditures. SPG agrees to release the City and hold it harmless for any
excess costs.
19. Amendment to the City Charter. In the event that the Charter for the
City of South Miami is amended to allow the City to lease public grounds
for a period of fifty years or more the lease term shall automatically be
extended to fifty years with no renewal option.
20. Project Schedule. The parties agree to develop a project schedule taking
into account the following.
A. The agreement between the general contractor and SPG;
B. The requirements of the construction lender;
C. The MRP Properties Agreement;
Page 3 of 4
D. Any commercially reasonable insurance or surety requirements;
E. Items necessary for title insurance.
21. Default. The parties will agree to a default provision that protects SPG's
equity in the Facility and also protects the City's right to receive income
from the Facility as provided in this memorandum.
NAGIN GALLOP FIGUEREDORA
r`lttornevs & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami Florida 33133 -4741 Facsimile: (305) 854 -5351
FAX TRANSMISSION COVER SHEET
Date: February 25, 1999
To: Charles Scurr
Fax: (305) 663 -6345
Phone:
Re: City of South Miami Parking Garage
Client/ 0022 -003
Matter:
Sender: Luis R. Figueredo
YOU SHOULD RECEIVE PAGE(S), INCL UDING THIS COVER SHEET. IF YOU
DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (305) 854 -5353
This transmission is protected by attorney - client and work product legal privileges, is strictly confidential,
and solely is intended for review by the above addressee. If you received this in error, please read no further. Call
(305) 854 -5353 and arrangements immediately will be made to retrieve this at no expense to you.
City of South Miami
INVITATION TO BID/PUBLIC NOTICE
The City of South Miami is inviting interested parties to submit sealed proposals for planning,
design, construction, leasing and management of,an infill, mixed -use development project on
approximately .70 acres of City -owned property located within the Hometown District and
bounded by S.W. 73`d St. on the South, S.W. 5 8d' Avenue on the East, and S.W. 58 Ct., on the
West. The property is currently being used as a municipal parking lot.
All proposals must be submitted in accordance with the Request for Proposal document. This
document contains detailed and specific information regarding the property being offered for
infill development and the type of redevelopment that would meet the City's goals with respect
to the development objectives and downtown and more specifically of the Hometown District.
All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami,
Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received
will be publicly opened and acknowledged. All proposals shall accompany a non - refundable
cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing,
issuing and evaluating these proposals.
The City of South Miami reserves the right to accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in any proposals, or to reject any and/or all
proposals and to re- advertise for new proposals. Any proposals deemed by the City to be non -
responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the
project evaluation process. In making such determination, the considerations to be used by the
City shall be, but not limited to, developer's experience and qualifications, capability of the
development team, developer's financial qualifications and strength, financial return for the City
and the overall design concept.
For further information, please call or write:
City Manager's Office
6130 Sunset Drive
South Miami, FL 33143.
(305)663 -6338
APP 2
2. INTRODUCTION AND PROJECT OVERVIEW:
A. Site Location: The proposed infill development project is located in the City's Hometown
District, and is generally bounded by S.W. 73`d St. on the South, S.W. 58h Avenue on the
East, and S.W. 58`h Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1).
B. Physical Description: The project area consists of approximately .75 acres of land and
includes 142.5 feet of frontage on S.W. 73`4 St. and 150 feet of frontage along S.W. `581s
Avenue. The subject property is currently paved and is used as a municipal metered parking
lot.
C. Project Overview: In November of 1992, members of the community gathered for a public
"Charrette" or a design workshop on the future of the downtown area. The design workshop
included several days of around- the -clock design sessions and discussions. This public
process brought together people from all segments of the community, professionals from all
levels of governments and a diverse group of consultants to develop a common vision for the
downtown. This common vision is called the Hometown Plan which later was codified in
the Hometown District. The plan is based on the concept that like a traditional, small -town
downtown, South Miami downtown ought to be a neighborhood where a full range of uses
exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The
plan is based on the concept that the streets belong to people and the awareness of how
individual buildings relate to each other and how users collectively interact with the sidewalk
and the street will determine the success of creating people friendly streets and public
squares. The plan identified a series of "Initial Projects" to act as catalyst for re-
development.
3. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION
A. Unified Development: The City is soliciting proposals from private developers or
individuals who can provide the City with an integrated improvement package including but
not limited to planning, design, construction, leasing and management for the City -owned
property currently occupied by the municipal metered parking lot.
B. Commitment of Funds: The City shall provide no direct or indirect financing to the
development. The City will enter into a long -term property lease agreement with the
successful developer for an annual rent payment which may be comprised of a minimum
guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of
the property lease agreement shall be negotiated to complement the financing strategy and/or
the depreciation schedule.
The successful developer is required to provide all the necessary financing for all aspects of the
proposed development:
C. Proposal Development Considerations: All proposals must consider and adhere to the
following factors in developing the project proposal.
14
1. Development Objectives: The primary objective is to design a people - oriented mixed -use
development to provide active building edges along S.W. 73`d Street and S.W. 58'h Avenue,
and an adequate supply of off - street parking. The amount of parking provided shall not only
replace the existing parking and meet the requirements of the project, but also provide
additional short-term parking for the area merchants. The project is envisioned to be three-
story to four- stories in height and to act as a demonstration project for infill development.
The retail components are expected to cater to the smaller tenants to create pedestrian
friendly and diverse strorefronts. The project design shall be supportive of and in keeping
with the proposed Comprehensive Master Plan for the City and comply with all the related
Hometown overlay ordinances.
2. Lease Terms and Annual Lease Payment: The terms and conditions of the Lease Agreement
between the City and the successful developers, including length of agreement and annual
payment shall be negotiated to complement the financing strategy and/or depreciation
schedule; however, all proposals submitted should define these terms as part of the lease
agreement terms.
3. Site Improvements: The existing improvement shall be cleared by the developer and all site
improvements must comply with all applicable code requirements, and the successful
developer shall be responsible for acquiring all required permits and do the necessary impact
studies.
4. Proposal Format: Proposals submitted in response to this invitation must include the
following information:
A. Credentials:
Development Team
Qualification/Experience
Financial capacity to undertake project
References
B. Project Proposals:
Development Plan
Illustrative Plans
Proposed Lease Term and Rent Schedule
Operating pro - formas of anticipated lease term
Implementation schedule
Operational Management Plan
C. Additional Requirements:
Financial Statement
Letters from Financial Institutions
Letter indicating Developer's ability to obtain necessary bonds and insurance
D. Evaluation Criteria:
Citizen Panel
Evaluation/Qualification 25%
Financial Ability 25%
Financial Return 25%
Overall Design 25%
14
E. Performance and Payment Bond:
F. Compliance with Federal, State and Local Laws:
G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and
submitted to:
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
H. Tentative Schedule:
Issuance of Request for Proposal -------- June 20,1997
Proposal Submission Deadline - - - - - - - - June 11, 1997
For additional information, contact or write:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
I. Enclosures:
a. Existing Aerials
b. Maps of the proposed re- development site and surrounding areas.
c. Hometown Plan documents (includes zoning: map)
RECEIVED: 2- 26 -99, 14:21; 3056699438 NAGIN GALLOP FIGUERE, 42
02/26/1999 14:46 3056699438 CONSULTING SOUP PAGE 02
Fev un 3rnr,8aRA17A P. 01
JUL -28-98 T `l)r i 3: 3U : +:,..,�.
PHASE s MANAGER +S
7150 S. W. 62ND AVENUE
MIAMI, FL. 33143
Phone (306) 661.4506 Fax (305) 586-6174
7/23/98
unat es Scum
City Manager
vita, Of ".0 U I�w'
6130 Sunset Drive
11 &A %i, Fs_ 1�y4
Dear Charles.
Phase One's original proposal to the City of South Miami,; for the mixed use
parking garage utilizing the city parking lot at 73rd street and 58th avenue
consisted of the following:
i . Phase One would iease the cit�y N►yi+artl foc a period of fifty years.
l 000,000.00, 2. Phase Ono outs Y1.tIV 0 err v.v—
The structure would contain approximately 24,000 square feet of
ent _1iilnffiro cpaCe With ?Sz narking spaces. At the end of fifty years the
ownership of the structure would become the sole property of the City of
South Miami.
•.3. Phase One would pay the city of South Miami $44,opo to replace its lost
parking meter revenue plus 5% of the gross revenue collected from the
building. This would give the city approximately $98,000 after the first year
of operation.
4. Phase One would not be responsible for the real estdta Ntvpe }i 10-Xsa as
the City of South Miami is and would continue to be the owner of the real
a.: _ - IA be .� _ lira, -a; ter_ l S]tr.aeak ins
estate. The tax on the Sitw.w%Up +rvviitu uv Lila: 9j�u�c►iiVii Vi rii�.... ,�::�•
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XL 28-98 'F& i3:30 iE
r n ; NO. 3056668174
P. 02
The above four points were the elements of our original proposal which was
approve:: br :hw cl'ommi€s'son by a unanimous vote.. However, phase One
would like to augm+snt this proposal with one which would substantially
increase the benefits to the city.
Phase One has reached an agreement with Mark Richman to purchase the air.
rights over the strip stores located directly behind the city's parktrsy sot on
73rd street and 58th court. With these air - rights the building becomes a
. J0
rectangle `which makes for a much more 091U Pt « vu.:1 itbitng' allowing for free
flow of the parking of cars. Phase One would like to present this augmented
proposal 10 the �iiiy of So'u�tin Mlialiii whiC:: —a- =n"Mytd- hY the South Miami
Planning Board.
i. instead of a $4,000,o00.00 building, Phase One would build a structure
costing approximately $6,500.000.00 to $7.000,004.40.
p_ Instead of 257 parking places, Phase One would provide the city with
approximately 358 parking places and increase the retaillottice space to
approximately 22,000 square feet.
.3. Phase One would construct an arcade on 73rd street running from 58th
• - -� �--f } "s Home Town
avenue t0 513th Court meeting i� "tt151 GI tits iGyiiiici7'iv:na :v1 .0.
Plan.
4. Phase One will redo tl�e facade of this sx +sting strip stores, matching the
facade of the ^e=.::o,�_MY° ^Yrking garage struettar hereby it would
have a unified look and become a Signature Building.
5. With the increased parking and retail/office space the city should receive
approximately 20% 26% more revenue than in the initial proposal.
-.-Factoring in the cost of the air - rights and the cantilevered parking structure
and redoing the facade of the existing building and the arcade will cost
Phase One approximately. $3,000,000.00 more than the• original proposal. In
addition to this cost, because of the altti6pated 3ho l,a73ye of parking space
we are enlarging the foundations and columns of the building. This is being
done, at addit- loIiai w.i'av us, in thie event 010. Vii,%y r40-aera 'A 1 iyn�l lb*,14��S aI
parking to ameliorate the shortage of parking spaces.
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02/26/1999 14:46 3056699438 CONSULTING GROUP PAGE 04
J UL -28 -98 Tip 13:3! FAX iw. 3056568174 P. 03
Because of the added investment and 100 additional }parking spaces over the
Richman property, Phase one would also agree to pay the city 5% of the
revenue stream from these additional spaces under the :following terms and
conditions:
A. The lease term would be extended to 75 years as opposed to 50
years at WhlCri uiuo a 3c �1% y iiiiou3F'i tw�i, i.::.. w�.�...C?.. of the mlX+�d usel
parking garage.
TAX EX&Q8AT1!QN
I. Upon the completion of the mixed use/ parking garage structure,
Phase One would consider deeding the ownership of the structure to
the City of South Miami if the tax consequences are advantageous to
both parties.
To recap the above benifits this proposal would give the lily v� Sv'at i 9V110 i:i
the following:
1. Approximately 358 Parking Places. 101 more places than
2. ,Approximately 34 25% more revenue for the city.
3. An acarade on 73rd St. running from 58th avenue to 58th court,
4. A signature building, "South Miami Shops and Parking Garage"
Sincerely yours,
ALBERT'S. ELIAS
President
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U U-4
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of South Miami Aw mis� -am= 1
Parkina Garage city
ids iiaw .3Wc, bc.
RESOLUTION NO. 198 -97- 10168
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,_ FLORIDA, RELATING TO THE MULTI -USE
DEVELOPMENT/ PARKING GARAGE, AWARDING A PROJECT FOR
DES I_G.N,, CONSTRUCTION, LEASING AND MANAGEMENT OF A MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73'0 STREET, S.W. 58tr' AVENUE, AND
S.W. 58TH COURT TO PHASE I,. INC...
WHEREAS, the City of South Miami issued a request for
proposals for design, construcct_ion, leasing and management of a
mixed -use development and parking garage with a primary objective
to replace the existing parking,. meet, parking requirements. of- the,
mixed -use element of the project, and to provide additional
short- term parking for the area merchants, to be located on city-
owned property at S.W. 73 =d Street, S.W. 58t }' Avenue, and S.W. 58t"
Court; and
WHEREAS, two proposals were received by the city in response
to the Request for Proposal from: 1) Tropicaire Development,
Inc. and.2)Phase 1, Inc. and,
WHEREAS, both proposals have been reviewed by the city's
consulting engineering firm, C3TS for technical compliance, with
one proposal receiving 81.5 points and the other proposal
receiving 80 points under their scoring system (See, attached
correspondence from C3TS); and
WHEREAS, both proposals have been reviewed by the Hometown
District Parking Committee.,. a committee charged with_ oversight of-
the supply, convenience, safety and management of parking in the
Hometown District. The Hometown District Parking Committee
determined that both proposals submitted represent_ viable
projects_,. with_- a 3 -2 vote. supporting their recommendation (see
attached minutes); and
WHEREAS, the below named project most closely meets the
obJec.t.ive of the city to respond to an_ existing and crowing
parking shortage in the city's downtown retail district and
provides strongest financial return to the city;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission award the
project to Phase I for design, construction, leasing and
management of a multi - use /parking garage development to be
located on city -owned property at S.W. 73rd Street, S.W. 58th
APP. 4
4 ,3
1
2
3
4 ORDINANCE NO.
5
6
7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS
9 APPROVING THE GROUND LEASE, AGREEMENT BETWEEN THE
10 CITY OF SOUTH MIAMI AND SPG PHASE ONE, LTD., FOR A MIXED
11 USE /JOINT DEVELOPMENT PARKING GARAGE ON THE
12 MUNICIPAL PARKING LOT BOUNDED BY SW 73RD. STREET ON THE
13 SOUTH, SW 58TH AVENUE ON THE EAST, SE 58TH COURT. ON THE
14 WEST AND AN ALLEYWAY ON THE NORTH; PROVIDING FOR
15 TERMS AND - CONDITIONS; PROVIDING FOR ORDINANCES IN
16 CONFLICT; SEVERABILITY AND AN EFFECTIVE DATE.
17
18
19 WHEREAS, the .City of South Miami issued a Request for Proposals for the design,
20 construction, leasing and management of the mixed -use development parking garage for the
21 municipal parking lot located at SW 73' Street and SW 58th Avenue in June 1997; and
22
23 WHEREAS, the City accepted the proposal. by SPG Phase One, Ltd., for negotiating
24 purposes in September 1997; and
25
26 WHEREAS, the terms and conditions of the Lease Agreement, with certain exceptions,
27 have been finalized;
28
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. The Lease Agreement between the City and SPG Phase One Limited is
34 approved;
35
36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
38 affect the validity of the remaining portions of this ordinance.
39
40 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
41 ordinance are repealed.
1
2
Section 4. This ordinance shall
take effect immediately upon the approval.
3
-
4
S
-
6
PASSED AND ADOPTED this
day of '1999.
7
.
8
9
10,
-
11
ATTEST:
APPROVED:
12
13
14
CITY CLERK
MAYOR
15
16
1St Reading
17
2nd Reading -
18
19
COMMISSION VOTE:
20
READ AND APPROVED AS TO FORM
Mayor Robaina:
21
Vice Mayor Oliveros:
22
Commissioner Feliu:
23
CITY ATTORNEY
Commissioner Bethel
24
Commissioner Russell:
25
Additions shown by underlinins and deletions shown by eveFsg
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: September 7, 1999
Agenda Item #
From: Charles D. Scurf Re: First Reading: Lease Agreement
City Manager with SPG Phase One, Ltd., for a Mixed
Use /Joint Development Parking Garage
Earl Gallop
City Attorney
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS FOR 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, SEVERABILITY; AND
EFFECTIVE DATE.
BACKGROUND & ANALYSIS
The City of South Miami issued the Request for Proposals in June 1997 for the municipal parking lot
located at SW 73d Street and SW 581h 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.
This uniquely challenging project has experienced a number of delays. The parties, with the exception of
one item, have now been able to finalize the lease agreement for presentation to the City Commission.
Luis Figueredo of the City Attorney's Office has prepared a memorandum outlining the proposed
framework for the Lease agreement. This memorandum contains all of the major provisions of the Lease.
The parties are not in agreement on Section 5.1 of the Lease regarding the minimum rent for the project.
Conceptually, the minimum rent for the project is designed to replace the rent the City would lose from
City Manager's Report.: Telecommunication Tower Ordinance
the currently existing surface parking meters on the site. At the time the RFP was proffered in 1997 the
parking meter rates were $.40/hour and the utilization of the lot was at Pre -Shops at Sunset Place levels.
The situation today is that the parking meter rates are $35/hour and utilization of the lot is up
significantly due to Sunset Place.
The City Commission, at the March 2, 1999 meting, directed that the minimum rent be adjusted to reflect
the increases. SPG Phase One is not in agreement and a letter from them explaining their position is
attached.
There are several alternative methods to calculate the increase. These include:
• Current Minimum Rent based on $.40/hour & Pre- Sunset Place. $ 44,000
• Minimum rent with adjustment to $35/hour $ 75,000
• Minimum rent with adjustments to $35/hour & Sunset Place $ 91,200
• Minimum rent if adjusted for future meter rate increases @ $1.00/hour $ 121,296
Approval of the Lease Agreement must be done by Ordinance and requires a 4/5 vote. Additionally, there
are several land use issues such as lot coverage that must be approved by Resolution. It is our intent to
bring all of these matters to the Commission for final decision at the same meeting. Given the timing
requirements of the land use matters the second reading of this Ordinance is recommended to be
scheduled for October 19, 1999.
RECOMMENDATION
Approval of the Lease Agreement is recommended. Regarding the minimum rent the adjustment to
$91,200 is recommended.
Attachments:
September 2, 1999 Memorandum from Luis Figueredo
City Commission Resolution 53 -99 -10677
SPG Phase l Letter dated July 23, 1998
Rafael Perez Letter dated August 31, 1999
Lease Agreement
City Manager's Report: Telecommunication Tower Ordinance
MEMORANDUM
TO: Charles Scurr, City Manager
FROM: Luis Figueredhe
.DATE: September 2, 1999
RE: Proposed Framework for Lease Agreement Between City of South
Miami and SPG Phase One, Ltd. ( "SPG")
The provisions set forth below reflect the negotiated lease agreement reached
between representatives for the City of South Miami and SPG. SPG has been advised
and understands that the terms conceptually agreed to are not binding and must be
approved by the City commission.
1. Ground Lease. The City, as landlord, and SPG, as tenant, shall enter into
a ground lease (the "Lease ") for a parcel of land. (.70 +/- acres) currently
used as a municipal parking lot, owned by the City and bounded by S.W.
73rd Street on the south S.W. 58`h Avenue on the east, S.W. 58`h Court on
the west and an alleyway on the north (the "Land ").
2. Development. SPG will design, construct, lease, manage and operate a 4
story mixed use retail and garage parking facility comprised of
approximately 27,000 (+/ -) gross leasable square feet for retail and office
uses and 325 -375 parking spaces (the "Facility "). SPG shall be
responsible for all costs of building the Facility, and the City shall not be
responsible for paying any such costs.
3. Minimum Rent. We have been unable to reach an agreement. SPG
originally offered to pay the City of South Miami $44,000 to replace the
City's lost parking revenue. The City Commission specifically directed at
the March 2, 1999, meeting that the minimum rent be adjusted to account
for the increase in meter rates.
4. Additional Rent. SPG shall pay the City an amount equal to five (5 %)
percent of the gross income which shall include income derived from the
retail space rental (exclusive of standard tenant pass through expenses
such as real estate taxes and insurance) and parking income.
5. Project. Amenities Fee. SPG shall expend not less than 1.5% of the
cumulative hard construction costs for acquisition of amenities for the
public areas of the project.
Page l of 3
6. Term. The initial term of the Lease shall be thirty (30) years with one
option to extend the term of the Lease, for an additional twenty (20) year
period.
7. Exercise of Lease Option. The City Commission shall vote whether to
exercise the lease extension option (effective at the conclusion of the _
original thirty (30) year term) prior to the commencement of year twenty
six (26) of the Lease. At that time the City shall have the following
options:
(i) Exercise the lease option extending the term of the original lease
an additional twenty years; or
(ii) Acquire the facility by compensating SPG for the net present value
of the projected revenues which would be lost by SPG in years 31-
50 if the lease is not extended.
The appraisals for the value of lost revenues shall be conducted in
accordance with the then prevailing industry standards. The City and SPG
have agreed to each select one appraiser. The two appraisers shall select a
third appraiser. The three appraisers shall determine the net present value
of the revenues and provide the Commission and SPG with one report.
8. Financing. SPG shall procure a construction loan to build the Facility
from an institutional lender which provides such loans in the normal
course of business. The construction loan shall be replaced by permanent
financing within 15 months of SPG obtaining the certificate of completion
for the Facility.
9. Alleyway Issue. The City and SPG shall cooperate with each other to
resolve the alleyway issue on the north side of the land to their mutual
satisfaction.
10. Security. SPG shall cause its contractor to 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.
11. 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).
Page 2 of 3
12. Environmental. SPG has performed, at its cost, a Phase One
Environmental Assessment of the Land. The Phase One Environmental
Assessment has shown no adverse environmental conditions.
13. Late Payments. Maximum penalty is (5 %) per month of the amount
overdue.
14: Insurance. SPG will carry the forms of insurance normally associated
with a project of this type and name the City as an additional insured. The
types of insurance which shall be carried by SPG include:
• Commercial General Liability Insurance ($1 million each
occurrence);
• Umbrella Liability ($3 million);
Physical Property Damage Insurance;
• Builder's Risk Insurance; and
• Business Interruption Insurance for Parking Structure.
15. Excess Payments. SPG shall continue to be responsible for any and all
expenditures. SPG agrees to release the City and hold it harmless for any
excess costs.
16. Project Schedule. The parties agree to develop a project schedule taking
into account the following.
w
A. The agreement between the general contractor and SPG;
B. The requirements of the construction lender; and
C. Items necessary for title insurance.
17. No Construction During Holiday Season. The Lease Agreement
specifically provides that SPG shall not enga a in construction activities
between Thanksgiving Day and December 26t of any year that materially
impacts the neighboring retail shops by impeding traffic flow on 73`a
Street, 58`h Avenue and 58th Court.
18. Decal Parking. Decal parking for employees in the area will be provided.
19. Ownership of the Structure. SPG shall own the parking structure and
convey ownership to the City at the end of the original lease term in
exchange for the payment discussed in paragraph.7. If the City exercises
its option to review the lease, the City shall own the structure a the end of
the twenty (20) year renew term.
Page 3 of 3
tv� Va. avV ea�a a.+ BGAaL VVV ViZ YV4V LUWMJVll ALIAZLAU /�/j lle�ijl1�B�9p�,A
THOMSON MURARo RAZOOK & HART, PA.
ATTORNEYS AT LAW
ONe SOVTHrAsr TH11ao AYEwUE
17T% FLOOR
MIAMI, FLORIDA 33131
TELCPHON s f 3OS> 35 ® -7Z 00
PARKER ®. THOM50N
October 1 1999. *` "coPIER (3051 374-1Q05 , Parker OTO tmrh. com
Via Fax
Honorable Julio Robaina
Mayor, South Miami
6130 Sunset Drive
SouthMiami. Florida 33143
Re. SPG Phase One, Ltd.
South Miami Parking Garage Proposal
Dear Mayor:
During the City Commission meeting on September 7,1999, you strongly requested, in order
to present to the public a better building image, that our client, SPG Phase One, Inc. ( "SPG') further
negotiate with the adjacent owner, Mark Richman, to incorporate his property into the Garage
Project. I advised you that we had previously engaged in extensive negotiations with him, but, that,
although SPG agreed that the incorporation. of Mr. Richman's property would produce a better
Garage Project, SPG and Mr. Richman had not been able to reach terms that would be anything but
an economic detriment to SPG and the Project. Nevertheless, we were pleased to attend a meeting
with Mr. Richman convened by the City Manager. At that meeting, both Mr. Richman and SPG
pointed out to the City Manager that incorporation would be assisted by the City taking certain
measures to adjust the economics of the Project. Thereafter, the City Attorney indicated certain
changes which would positively affect the economics ofthe Project might be possible. SPG and Mr.
Richman thereupon met further and reached a possible understanding, which is dependent on the
City being willing to make certain economic adjustments. These adjustments are required to justify
the additional investment SPG must make to incorporate the Richman property into the Project.
Under SPG's tentative agreement with Mr. Richman:
1. There will be an additional 146 parking spaces to ease the parking problems in
downtown South Miami, from which the City of South Miami will receive additional
percentage rent;
2. There will be an additional 5,230 rentable square feet on the first floor ofthe project
from which the Cite of South Miami will receive percentage rent;
3- As we all agree, the City of South Miami will have an aesthetically much improved'
building;
ay. va.r uu saga. t. anu VVV Vas 1vuV AS1VUlJVaq led L'aA.1a'�W — f ��'_ I A,C Ms uP.
THom$ON MURARO RAWOK & HART, R.A.
Honorable Julio Robaina
Mayor, South Miami
October 1, 1999
Page Two
4. SPG is willing to allow the City to own the Parking Structure and share, on an equal
basis, the ad valorem tax savings that may be realized;
5. The City will receive additional ad valorem tax revenue from the enhanced value of
the new Richman building; and
6. At the end of the lease term, the City of S outh Miami receives a larger, more efficient
and more valuable parking garage.
To attain the benefits (both aesthetic and economic) of the incorporation of the Richman
property into the Project, the City in turn should accept economic adjustments to the position taken
by the City Commission at first reading. These are:
— the base rent must remain at $44,000 (the originally agreed upon amount); and
- the percentage rent must be reduced to 4 % of gross, a percentage which would
generate to the City substantially more revenue from this proposal than 5% of the
revenues from the Project without incorporation of the Richman property.
If the City is prepared to nuke these adjustments, SPG is prepared to conclude an agreement with
Mr. Richman to incorporate his land into the Project. If the City is not so prepared, SPG is willing
to proceed with the original proposal for a p: arking garage on the City land only at a base rent of
$44,000, and otherwise as approved by the City Commission at first reading.
Sincerely,
PDT:pc
copies by fax to:
Armando Oliveros, Jr., Vice Mayor, South Miami
Charles D. Scurr, City Manager
Earl Gallop, City Attorney
Luis Figmedo
Commissioners: Horace G. Feliu
David D. Bethel
Mary Scott Russell
10/14/99 THV 16:300 FAX 305 374 1406 THOMSON NURARO
THomsoN M URARo ROOK & HART, P.A.
AIPTORNEYS AT LAW
®NS 3(jU'r• Z^&T TNIR® AVENUE
1714 F6000
MjAMI, FLORIDA 33131
October 14,1999
VIA TELECOPY
Luis Figueredo, Esq.
Nagin Gallop Figueredo
1225 Aviation Avenue, Third ]Floor
Miatni, Florida 33133 -4741
SPG Phase One CSF( )
Dear Luis:
TELEPHOwC
13.09) Sao -azao
TCLECQP,CQ
13od) 374. loom
In accotdwee with Mayor Robalnes wishes, SPG has come to a tentative agreement widx
Mark Richman, for the inclusion of his land inthe SPG parking garage project. Due to the i=eascd
fimmial bur&ms on SPG attributable to the Richman property, 5PO makes the following proposal
to modify the agreement between the City of South N iami and SPO that was approved on first
reading at the City Commission meeting of September 7,1999.
1. EMject scone. Please see allachad smmmary of project scope.
2. &WjW. Base tnt is $44,000 per year for the ftt ten years of ft gruwid lease.
The base rent increases to $76,000 from you 11 until the end of the lease term unless
Spa's gross revenue for lease ym are less than $2,200,000.
3. F { r Rat. The percentage tet albs at five percent and includes revenues
generated from the additional 146 parking spaces over the Richman land.
4. Ad YaloreriL m Smim UVRWmaw en Z. The City will own the parking
garage and thereby eliminate the ad valorem tax on the parking garage (the
"Savurgs1, The City �wM receive 25% of the Savings as supplemental rent fiirr the
first ten Jena years. The total amount of the Savings in lease year 10 shall be
referzW to as "Ease Year Savings." Starting in lease year 11 and continuing until the
end of the lease term, dw City shall receive the following as itipplemental rent dw ing
each such lease year.
Q. For Savings up to the level of tlic Base Year Savings, 25% ofthe Savual�,s up
to such amount; and
i" / -94 ...'Ti T ° 71191 a TAIV-7 . TT 4 nn nT AT err r.t -rr•
THOmSot4 MURAno RAZOOK & HART, P.A•
Proposal to City of South Muni
October 14,1999
Page, 2 of 2
b. For savings in excess of the level of the Base Year Savings, So*/* Of Such
excess Savings.
S. nsiructio Scheduling. Ile City and SPG shall agree to a conwwtion schedige,
that takes into account the incremd scope of the project duo to the inclusion of the
Richman land and the requirements of the constnxtiou tender. Normal construction
activities can not be stopped or hindwed during relocation of utility lilies or during
cousauction of the shell of the Project.
Ifthest tams are acceptable, I will start preparing the appropriate dmwnents immediately.
please call me if you have any questions.
Sincerely,
lda�A. Perez
cc: Charles Scutt
Al Elias
EMI Gdlop
Parker D. Thomson
10003
w , z 1.inkT UIVOT, - T T 00 r' T n T Iry Tki-le,
SPG PHASE ONE, L 1 D. - SUMI aY OF FROJECT SCOPE
Prior Pro sal
New asai
G ®in for City
347 parking spaces
493 packing spaces
Percentage Rent froze 146
Building (11,500 square feet)
size and gvAhy of Now
pa&ng spaces
14,500 rentable square feet of
19,800 rentable sQwre feet
percentage Tent from 1M
Brit floor retail space on City
of first floor retail space on
additional 5,300 rentable
Laud
City Land
square feet of first floor retail
Richman Airspace (i.e. 9,000
space on City Land
City portion of ad valorem
City Portion of ad valorem
City portion of ad valorem
taxes ftm 14,500 rentable
taxes from 19,800 zVotable
taxes on an additional 5,300
square feet of first floor retail
i square feet of first floor retail
rentable square feet of fist
space on City Land
apace on City Land
floor retail space on City
Land
City portion of ad val®rein
City portion of ad valorem
Tnczease in City portion of ad
taxes on present Ridtrnan
taxes on New Richman
Valorcm, taxes on increase in
Building (8,069 square feet)
Building (11,500 square feet)
size and gvAhy of Now
Richnnan Building.
None
City portion of ad valorem
All new revenue for City.
taxes on SPG component of
Richman Airspace (i.e. 9,000
rsf of 2' floor office space
over Richuian Land)
City portion of ad valorem
Same
No Change
takes for 2m floor office space
over City Land
City portion (24%) of ad
City receives 25% of ad
City nets an additional 1% of
valorem tax on parking
valorem tax savings on
ad valorem tax amount on
garage ( SP'CT owns parking
parldug garage (City owns
parking garage (paid as
garage and Sys ad valorm
the paildng garage)
supplemcntal rent by SP'G).
tax)
City receives 347 parking
City receives 493 parking
City owns an additional lob
spaces, 14,500 rsf of I-a floor
spaces, 19,900 rsf of 1" floor
poking spaces ad 5,304 rsf
retail and 0,000 rof of office
retail and 8,004 Tsfof office
of 1" floor retail at end of
s ace at end of ground lease
!jjAe at end of ground lease
ground lease
14004
A 1& lie � °{? i `.YhAt t ttlFOr, - TTe 120-0 T_nT rfl tAPiC`
.. v 1✓ + IUi _.._
11/12'98 1II :3� Qsvo it;
/77ii1Cmwav
THOMSON MURAJgO P -*ZOOK & HART, Pk
ATTQRNCYS AT LAW
ONE SCVTmcAsT'MmD 1 -91AUIL
77r+' F'�Ci10i!
tCtCV++ow�
Nu►�1. FLevton 9��3+ ho�lr5o -�tao
teupOfwLR
i�iovt�tbesr 31. 1999
VIA TELLCOPY
Leis Fvjwedo. L:cl
Negro Gallop Fipmedo
3225 Aviation Aveaue, Third Floor
Msr i,Florida33133 -4741
SPO Phaw Une C'SPU')
Dear Luis:
Your lector of November 10. 1999 cott=n g SPG making a pr==tat�icm beforc t)w City
Coanmisjun is inwrrrct_ On Tuesday aRrrnooq Noveatber 9, 1999, we Woke by telephone and T
indicated to you that SPG would not be making a presentation to the City COrnmi, W dig tb&
me ;g of Tuesday:. November 16, 1999. 5FG is � the financial C�ab�ty of the Prrtgect
in light of pr—, /u ing market cendniow that cams Lou" attca dmlast week. At such time as we bazre
filly analyzed the financial implications of then market WD&ians, SPO will premt aay Mquired
modibcmdims to Charles Scurr and you. We ere wodong diligeady to nwka th:s p:OME a miry and
W1i& 1 vID 1 Lg pTzpartd is soon as po ibie.
Sinn dy,
"l
A Perez
CC: Charles Scum
Al Eiies
EDO Gallop
Parksr D. Tbonison
IrrACMwervt
MEMORANDUM
TO: Charles Scurr,
City Manager
FROM: Luis R. Figueredo
DATE: February 11, 2000
RE: Proposed framework for new lease agreement between the
City of South Miami and SPG Phase I, Limited ( "SPG ")
Below I have provided you with an overview of the SPG Proposed project and draft Lease
Agreement.
I. PHYSICAL STRUCTURE
The proposed structure would cover the City parcel of land which is currently used as a
municipal parking lot founded by S.W. 73' Street on the south S.W. 58" Avenue on the east S.W.
58" Court on the west and an alley way on the north (the City property) and the air rights over the
Marl- Richmond property. The building will be four stories.
The revised SPG proposal now consists of 19,350 square feet of retail space, 35,000 square
feet of office space and 332 parking spaces.
The first floor will consist of retail space. The first floor (excluding the Richmond property)
will contain approximately of 19,530 square feet of retail space and four parking spaces.
The second floor will contain 108 metered parking spaces. The parking revenues of 73 of
the metered spaces will go directly to the City. The revenues from the remaining metered spaces on
the second floor will be paid to SPG. The City, however, will receive a portion of those revenues
as percentage rent.
The third and fourth floors will each contain 17,500 feet of office space and 56 parking
spaces which will be used by those offices during the day. The roof -top level will contain 108
parking spaces.
II. RENT
Originally, the base rent SPG committed to pay the City was premised upon the notion of
making the City whole for revenues lost from its municipal parking lot. SPG originally committed
to pay $44,000, per annum, to the City as base rent. However, current revenues generated by the
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 2 of 5
municipal parking lot exceed $44,000. In light of the foregoing, the City Commission directed staff
during a City Commission meeting to increase the base rent to $76,000 per annum. In lieu of the
base rent, SPG now proposes to dedicate the revenue from the 73 metered spaces to the City in an
effort to make the City whole for lost revenue from the municipal parking lot. SPG has agreed to
install the meters for the 73 spaces at its own expense.
The City will receive "percentage rent" of the net revenue from the retail and office space
and the 259 parking spaces not controlled by the City. All retail and office leases (including parking
associated with the office space) will be triple net (i.e., tenant pass- thru's for real estate taxes,
insurance and operating expenses will not be counted for purposes of percentage rent so that the net
revenue as to those spaces will be identical to gross revenue received by SPG). The percentage rent
will be payable according to the following schedule.
SPG Revenue
Percent
Up to $1,400,000 2.5 %
Amounts in excess of $1,400,000 7.0%
SPG's original proposal provided that SPG would pay the City an amount equal to 5.0% of
the revenues received by SPG. SPG now contends that if SPG has to pay the City 5.0 % of its
revenues, the percentage rent together with the added expense of acquiring the Richmond airspace
and construction over the airspace no longer makes the project sufficiently viable to qualify for
institutional financing. SPG advises that its financing is dependent on showing a ten percent (10% o)
return on equity and 1.20 debt coverage ratio. SPG contends that if it has to pay the City 5.0% of its
revenues, it will not meet those thresholds.
Based upon our evaluation of SPG's financial projections we have concluded that SPG
should realize a 10% return on its equity and a 1.20 debt coverage ratio if it pays the City 2.5% of
the first $1,400,000 of revenue realized by the project. At that juncture, SPG would show a 10%
return on its equity and an adequate debt coverage ratio. Thus, SPG would presumably be in a
position to provide the City with a larger interest in fee sharing in all revenues over and above
$1,400,000. SPG has agreed to provide the City with a 7.0% percentage interest in all revenues
which exceed $1,400,000.
The threshold where the City's 7.0% interest in all revenue above $1,400,000 would begin
to generate an equivalent amount of rent to a 5.0% interest in all revenue is approximately $3 million
dollars. Under SPG's original proposal, 5.0 %, of $3,000,000, would result in the City receiving
$150,000 in additional rent. The revised proposal which is designed to allow SPG to obtain project
financing would yield the City $147,000 in additional rent. By way of example, $3.5 million in
revenue yields the City $175,000 in rent under the old proposal and $182,000 in rent under the
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 3 of 5
current proposal. If the project realizes $4 million in revenue, the City would receive $217,000 in
rent under the current proposal as compared to $200,000.
III. MINIMUM RENT DURING CONSTRUCTION
SPG advises that any payment of rent during the twelve month construction period will not
allow it to meet the debt coverage ratio required to obtain institutional financing. In lieu of a
minimum payment of rent during the twelve month period, SPG proposes to make approximately
140 square feet of office space located at 7160 S.W. 72nd Avenue available to the City. The City
would have the right to occupy the office space for a twelve month period. The City would not be
responsible for rent but would be responsible for its pro rata share of utility costs. As an alternative,
SPG has offered to the City the use of the vacant lot located at the northwest corner of 59t" Place and
70 "' Street in South Miami. The vacant lot (approximately 30,000 square feet) could be used by the
City for parking. The City's right to use the lot for twelve months could be shortened if the owner
receives a bona fide offer from a third party to purchase the lot. A third option offered by SPG is
200 -300 square feet of office space at the Community Newspaper Building.
SPG has agreed to pay the City a minimum rent of $76,000, per annum, if it does not
complete construction of the parking structure within the agreed upon construction schedule. SPG,
however, shall not be required to begin making rental payments if the delays are attributable to the
City, or Mark Richman's tenants.
IV. LEASE AGREEMENT
A. Initial Term. The initial term of the lease will be for 50 years. There is no renewal
option.
B. Ownership Of The Building. SPG will deed the parking structure including the
airights over the Richmond property to the City on or before the end of the lease term.
C. Alleyway. Considerations. The City shall at its sole cost, take whatever actions are
necessary to resolve the alleyway claim to the satisfaction of the construction lender and title
insurance company.
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.
E. 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
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 4 of 5
shops by severely impeding traffic flows on 73rd Street, 58 "' Avenue or 58 " Court.
F. Financing. SPG shall procure a construction loan from an institutional lender which
provides such loans in the ordinary course of business. The construction loan will be replaced by
permanent financing within 15 months of SPG obtaining a certificate of completion for the facility.
G. Lender's Remedies in the Event of a Default (the lender's right in the leasehold
mortgage provisions are subject to review by lender's counsel). 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 purchase lender's interest in the remaining
leasehold term. The purchase price shall be determined by appraisal.
H. Use and Care. SPG shall use the Parking Structure for general office use, retail use
and as a rental parking facility. SPG shall not permit any other use without first receiving
Landlord's advance written consent.
I. Repair and Maintenance. SPG shall (except the City's parking meters on the
second level) repair and maintain the parking structure.
J. 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.
K. Insurance. The insurance companies providing insurance coverage shall have a best
rating of B+ or equivalent. SPG shall at its sole cost maintain the following coverage:
Commercial General Liability - One million per occurrence
Umbrella Liability - Three million dollars
Physical Property Damage Insurance
Builder's Risk (during construction) -
Business Interruption
100% replacement cost
one hundred percent (100 %) replacement value
not less than six months of revenue for the
parking structure
L. Security. SPG shall provide the City with a payment and performance bond with a
good and sufficient surety, naming the City as an obligee and a commercially acceptable form.
Memorandum to Charles Scurr, City Manager
February 11, 2000
Page 5 of 5
M. Siguage. 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).
N. Substation. SPG shall dedicate approximately 200 square feet of space on the first
floor to be used by Landlord for police purposes or for those uses that relate to municipal parking.
0. Availability of Parking in Evening Hours and Weekends.. SPG has agreed to
make available, under conditions and limitations to be agreed on, the non - metered parking on nights
and/or weekends required by the City. The conditions and limitations to be agreed on reflect liability
and control factors. Any costs associated with providing these parking spaces will be "netted -out"
before application of the percentage rent. SPG reserves the right to establish policies for night and
weekend parking. The City reserves the right to set parking rates for a night and weekend parking.
LEASE AGREEMENT
between
CITY OF SOUTH MIAMI, as Landlord
and
SPG PHASE ONE, LTD., as Tenant
February _, 2000
J
TABLE OF CONTENTS
Page
Recitals.................................. .......................
1
2.
Definitions .......................................................
1
3.
Lease of Land .....................................................
6
3.1. Lease of Land ...............................................
6
32. , Airspace Termination .........................................
6
4.
Tenn . ...........................................................
6
4.1. Original Tenn .......... ....................................
6
5.
Parking Meters, Percentage Rent and Minimum Rent ......................
6
5.1. Second Level Parking Revenue; Municipal Space ..................
6
5.1.1 Second Level Parking Revenue ...........................
6
5.1.2 Municipal Space ...................................
7
5.2. Lease Year Percentage Rent ...................................
7
5.2.1. Percentage Rent .......................................
7
5.2.2. Definitions ...........................................
7
5.2.3. Limitation on Payment Obligation ........................
9
5.3. Minimum Rent .............................................
9
6.
Payment .........................................................
9
6.1. Percentage Rent ...............................................
9
6.1.1. Payment of Percentage Rent .............................
9
6.1.2. Annual Statement ......................................
9
6.1.3. Audit by Landlord ..................................... 9
6.1.4. Maintenance of Books and Records .......................
10
6.1.5. Waiver .............................................
10
6.2. Delivery of Payment ........................................
10
6.3. Delinquency ...............................................
10
k
I
7. Title; Delivery of Possession .... ... ............................... 10
7.1.
7.2.
7.3.
7.4.
7.5.
8. Zoni
8.1.
Covenants of Title .... ... .. ............. ............. 10
Environmental Condition . .......... .................... 11
Alleyway Considerations ....... ........ ..................... 11
Possession ............. .... ...........................12
Title Requirements ............ ............ ..... ....... 12
ng, Development of Land and Pre- Construction Activity .............. 12
Development Rights ......................................... 12
8.1.1. Parking Structure ..................................... 12
8.1.2. New MRP Building ................................... 12
8.2.
Plans and Schedules ......... ..... ......... ............
12
8.3.
Landlord Approval ... ......... ................ .....
13
8.3.1. Schematics and Preliminary Specifications .................
13
8.3.2. Design Development Drawings ..........................
13
8.3.3. Conform with AIA and BOMA Method ...................
13
8.3.4. Approval for Subsequent Material Changes ................
13
8.3.5. Procedure for Approvals ...............................
13
8.4.
Permits ..................... ...........................13
8.5.
Change After Receipt of Permits ...............................
14
8.6.
As -Built Drawings .................... ........ ..........
14
8.7.
Designation of Landlord Representative .........................
14
8.7.1. Approve Documents ............. ...................
14
8.7.2. Consent to Actions .. ...............................
14
8.7.3. Make Appointments ............. ..... ..........
14
8.7.4. Change of Representative ..............................
14
9. Construction
of Project ...... ................... .. ..........
14
9.1.
Conditions Precedent to Commencement of Construction ...........
14
9.1.1. Unavoidable Delays .... ...............................
15
9.1.2. Article 7 of MRP Agreement ..........................
15
9.1.3. Title Requirements of Paragraph 7.5 ......................
15
9.1.4. Environmental Conditions of Paragraph 7.2 ................
15
9.1.5. Representations and Warranties of Landlord ................
15
9.1.6. Permits ........... .. . ........................15
9.1.7. Tenant's Financing .......... ............. ........
15
9.1.8. Title Insurance ..... ............ ............... 15
9.2. Commencement of Construction ............................... 15
9.2.1. Delay of Commencement of Construction ................. 15
9.3. Performance .. ............................... ...........16
9.4. Completion of Construction .. . .. ................... 16
9.5. Construction Period Indemnification and Security 16
9.6. Subsurface Conditions ....... .... .................... 16
9.7. Project Amenities ........................................... 16
9.8. Holiday Season Construction .................................. 17
10. Tax Treatment .......................... .......17
10.1 Tax Benefits .... ... ..... ......................... 17
10.2 Tax Protests ............................ .. .. 17
11. Leasehold Mortgage .................. .............................17
11J.
Tenant Right to Encumber Leasehold ...........................
17
11.2.
Lender, Leasehold Mortgage ..................................
18
11.3.
Lender's Rights Upon Tenant Default ...........................
18
11.3.1. General .......... .............................18
11.3.2. Landlord Notice to Lender ........................
18
11.3.3. Lender's Right to Cure ...........................
19
11.3.4. Time Period and Manner of Curing .................
19
11.3.5. Nonmonetary Event of Default ....................
20
11.3.6. Lender's Acquisition of Leasehold .................
20
11.3.7. Bankruptcy and Similar Proceedings Against Tenant ...
20
11.3.8. Method of Notice ...............................
21
11.3.9. Lender Foreclosure of Leasehold Mortgage . , ........
21
11.3.10. Lease with Lender Upon Termination
of Lease by Landlord ...........................
21
11.4.
No Waiver of Landlord's Obligations ...........................
21
11.5.
No Financing Liability ........ ...............................
21
11.6.
Payment of Landlord's Attorney's Fees ..........................
22
11.7.
Estoppel Certificates from Landlord ............................
22
11.8.
Compliance with City Charter .. ...............................
22
11.8.1 Leasehold Interest ..... ...............................
22
11.8.2 Appraisal Procedure .... ... ........................
22
11.8.3 Payment of Appraisers' Fees ............................
22
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12. Events of Default by Tenant ........................................ 23
12.1. Failure to Pay .. .. .................... ....... 23
12.2. Failure to Perform. .............. ......... .... . 23
12.3. Bankruptcy. Etc ............................................. 23
12.3.1. Bankruptcy Filing .................... . ..... 23
12.3.2. Levy or Attachment ... ............ ...... 24
12.3.3. Receiver, Etc ................................... 24
12.4. Remedies for Default by Tenant ............................... 24
12.5. Events of Default by Landlord ....... ... ............. ....... 24
12.5.1. Failure to Pay .............. . ....... 24
12.5.2 Failure to Perform ... ..... ...... .............. 25
12.6. Remedies for Default by Landlord .......... .......... ......... 25
13. Condemnation ........ ............. .............................25
13.1. Taking of Entire Premises .................................... 25
13.2. Proceeds of Taking .......... ............................... 25
13.3. Partial Taking; Termination of Lease ........................... 26
13.4. Partial Taking; Continuation of Lease ........................... 26
13.5. Temporary Taking .......................................... 26
13.6. Additional Takings .......................................... 27
13.6.1. Making Repairs ..... .... ... ....... 27
13.6.2. Terminating Lease .............................. 27
13.7. Inverse Condemnation or other Damages ........................ 27
13.8. Involuntary Conversion ...................................... 27
13.9. Payment of Fees and Costs ................................... 28
14. Use and Care ..................... .... ..................... 28
14.1. Use .. ........... ............................... .......28
14.2. Operating Standards ......................................... 28
14.3. Use Restrictions .......... I I
.................. 28
14.4. Applicable Law ... ......... ............ ........ 28
14.5. Environmental ........... ....... .............. .......28
15. Repair and Maintenance ....... ...... .. ................... ... 29
15.1. Landlord's Responsibility .................................... 29
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15.2. Tenant's Responsibilities ...... ...............................
29
16.
Loss of Property ................ ...................... ...... .
29
17.
Renovation .............. ............................... ......29
17.1. Tenant's Rights ............. ...............................
29
17.1.1. Submission of Plans and Specifications ...................
29
17.1.2. Tenant to Obtain Approvals and Permits ...................
29
17.2. Landlord's Cooperation ....... ...............................
29
18.
Access to Premises ................................................
30
19.
Operation and Management of Improvements ...........................
30
19.1. Control of Parking Structure .......... .... ...... ... ..
30
19.2. Non- Interference .................. .......................30
19.3. Rights to Erect Signs; Revenue Therefrom .......................
30
19.3.1. Procedure for Signs ....... ...... ....................
30
19.3.2. Allowable Signs .. .......... ......................
31
19.3.3. Removal of Signs ...... ...............................
31
19.3.4. Definition of Signs ....................................
31
19.3.5. Revenue from Signs .... ...............................
31
19.4. Landlord's Signs Upon the Project ..............................
31
19.5. Night and Weekend Parking ... ...............................
31
19.6. Indemnification ... ............................... `..........
32
20.
Surrender of Parking Structure ....... ...............................
32
21.
Destruction ...... ................ ................... .......32
21.1. Tenant's Duty to Restore ...... ...................... ......
32
21.2. Interrelationship of Lease Paragraphs ...........................
32
21.3. Insurance Loss Payees .... .................... ...........
33
21.4. Reconstruction Delay . . ............................... ...
33
21.5. Termination by Destruction .. ................ ............
33
22.
Sale of Leasehold, Subletting, Landlord's Assignment ....................
33
22.1. Right to Transfer Leasehold ..................... . . .....
33
22.1.1. Rights to Sublease ..... ...............................
34
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22.2. Landlord Assignment ............... 35
22.3. Compliance with City Charter .. ............................... 35
22.4. Right of First Refusal .......... ..... ................... 1. 35
23. Insurance ........... .36
23.1. Acquisition of Insurance Policies ..... ................ ...... 36
23.2. Types of Required Insurance .................................. 36
23.2.1. Commercial General Liability Insurance ............. 36
23.2.2. Umbrella Liability Insurance ...................... 36
23.2.3. Physical Property Damage Insurance ............... 36
23.2.4. Builder's Risk Insurance ......................... 37
23.2.5. Business Interruption ........................ 37
23.3. Terms of Insurance .... ............. ... .............. . 37
23.3.1. Primary Policies . ............................... 37
23.3.2. Notice of Change or Cancellation .................. 37
23.3.3. Landlord Not Responsible for Notice or Premiums .... 37
23.3.4. Insurance Company Rating ....................... 37
23.3.5. Mortgage Endorsement .......................... 37
23.4. Landlord's Acquisition of Insurance ............................ 37
23.5. Insurance Money and Other Funds Held in Trust .................. 38
23.6. Application of Proceeds of Physical Damage Insurance ............. 38
23.6.1. Distribution of Unutilized Proceeds ................. 38
23.7. Insurance Appraiser ......................................... 39
23.8. Waiver of Subrogation .......... . ...................... 39
23.9. Landlord's Insurance ........................................ 39
24. Relation of the Parties ............................................. 40
25. Acts of God; Unavoidable Delays ... ............................... 40
25.1. Acts of God ............................................... 40
25.2. Unavoidable Delays ...................... 40
26. Landlord's Covenant of Quiet Enjoyment .............................. 40
27. Brokerage.... ................... ........40
28. Time of Essence ............... .................... ........... 40
29. Notices ... .............. ........ .............................40
30. Compliance with Laws and Ordinances ... ... ........ .............. 41
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30.1. Compliance ... ......... ............. .............41
30.2. Contest by Tenant .. ... ........... ................... 41
31 Representations and Warranties ....... ............................... 42
31.1. Landlord's Representations and Warranties ....................... 42
31.1.1. Authority to Bind ............ .................... . 42
31.1.2. Free of Tenancies ............... ... 42
31.1.3. No Actions Affecting Use .............................. 42
31.1.4. No Sewer Impairments ....... ..... ................. 42
31.1.5 No Moratoria ........... .. .. ...... ...... 42
31.2. Tenant's Representations and Warranties ........................
42
31.2.1. Authority to Bind ...... ...............................
42
32. Exculpation ........................ .............................42
33. General Provisions ..................... ..........................43
33.1. Severability .................. .............................43
33.2. No Waiver ............... ......... .................
43
33.3. Entire Agreement .................. .......................
43
33.4. Successors and Assigns ....... ...............................
43
33.5. Modification and Rescission ... ...............................
43
33.6. Governing Law ..................... ........ ........ ..43
33.7. Interpretation ... ........................... ..... .... .
43
33.8. Radon Disclosure ............ ...............................
43
33.9. No Discrimination ........... ...............................
44
33.10. Attorneys' Fees ............................................
44
33.11. Reasonableness of Approvals .. ...............................
44
33.12. Duplicate Originals .........................................
44
33.13. Memorandum of Lease ... ............. .................
44
EXHIBIT A - Legal Description of City Land ............... : ......................
47
EXHIBIT B - Legal Description, of MRP Land ...... ...............................
48
EXHIBIT C - Title Exceptions for City Land ......................................
49
EXHIBIT D - Form of Certificate of Waiver of Title Requirements and
Airspace Conditions and Establishment of Lease Commencement ...........
50
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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 as contemplated by Landlord pursuant to its general award set forth in
Resolution No. 198 -97 -10168 effective September 16, 1997, and approved site plan set forth in
Resolution effective February 1998 (collectively, the "Resolutions "); and
C. 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:
1. 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:
2.1. "Acceptance Notice" means the acceptance notice provided in subparagraph
22.4.
2.2. "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
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.
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2.3. "Airspace" means that certain volume of air over the MRP Land as more
particularly described in the MRP Agreement.
2.4. "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.
2.5. "BOMA Method" means the Standard Method for Measuring Floor Area in
Office Buildings, as approved by the American National Standards Institute, Inca and published by
the Building Owners and Managers Association International dated June 16, 1996.
2.6. "Charter" means the municipal charter of the City of South Miami, Florida.
2.7. "City" means the City of South Miami, Florida.
2.8. "Commencement of Construction" means the filing of the notice of
commencement by Tenant or Tenant's authorized representative for the construction of the Project.
2.9. "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.
2.10. "Completion Date" means the date which is the earlier of the (1) Completion
of Construction as provided in Subparagraph 9.4 or (ii) the date which is 365 -days after the Permit
Date.
2.11. "Completion of Construction" means the date upon which the Parking
Structure is issued a certificate of completion.
2.12. "Construction Lender" means the Lender providing the construction loan to
Tenant for the construction of the Project.
2.13. "Construction Period" means the period commencing with the Permit Date
and ending on the Completion Date.
2.14. "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.
2.15. "Development Rights" means the rights granted to Tenant for the development
of the Project pursuant to the terms of this Lease.
2.16. "Effective Date" means the date this Lease is to be fully binding upon the
parties as stated on the execution page hereof
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2.17. "Fee Interest" means the fee interest in the Airspace portion of the Parking
Structure.
2.18. "Independent Accountant" means an accountant chosen by Tenant's
accountant and Landlord's accountant as more particularly described in Subparagraph 6.1.3.
2.19. "Independent Insurance Appraiser" means an insurance appraiser chosen by
Landlord and Tenant as more particularly described in Subparagraph 23.7.
2.20. "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.
2.21. "Landlord "means the City of South Miami, Florida, a municipality located
in Miami -Dade County, Florida.
2.22. "Lease Commencement Date" means the date on which Tenant has complete
and exclusive possession of the Land and is able to commence performance as contemplated by and
permitted hereunder.
2.23. "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 Tenn.
2.24. "Lease Term" means the period consisting of 50 consecutive Lease Years.
2.25. "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 fluids 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.
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2.26. "MRP" means Mark Richman Properties, Inc., a Florida corporation, or any
successor thereto.
2.27. "MRP Agreement" means that certain Air Rights and Development
Agreement made by and between Tenant and MRP dated , 2000 and any amendments
or modifications subsequent thereto.
2.28. "MRP Land" means that certain improved lot at the corner 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.
2.29. "Municipal Space" means a portion of the Parking Structure set aside for use
as a City of South Miami police substation or parking enforcement as more particularly described
in Subparagraph 5.1.2.
2.30. "New MRP Building" means the shell of anew 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.
2.31. "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.
2.32. "Parking Structure" means that portion of the Project which excludes the New
MRP Building and the MRP Land. A portion of the Parking Structure is located within the Airspace.
2.33. "Percentage Rent" means the rent, if any, due from Tenant to Landlord as
provided in Paragraph 5.2.
2.34. "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, (iii) 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.
2.35. "Permit Date "means the date all Permits are issued on anon-appealable basis
which allows the construction of the Project to proceed.
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2.36. "Project" means the Land, the Parking Structure, the MRP Land and the New
MRP Building together with all other rights and interests appurtenant thereto.
2.37_ "Purchase Price" means the purchase price for the Lender's interest in the
Parking Structure as determined by appraisal as set forth in Subparagraph 11.8.
2.38. "Rent" means the sum of Percentage Rent and all other charges due from
Tenant to Landlord under this Lease.
2.39. "Resolutions" means the general award set forth in Resolution No. 198-97 -
10168 effective September 16, 1997, approved site plan set forth in Resolution effective
February _, 1998.
2.40. "Sale Notice" means the notice provided by Landlord to Tenant pursuant to
the right of first refusal contained in Subparagraph 22.4.
2.41. "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.
2.42. "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.
2.43. "Second Level Parking Revenue" means the parking revenue generated by the
metered parking spaces on the Second Level Parking Deck.
2.44. "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.
2.45. "Taking" means the acquisition of the entire Parking Structure by any federal
or state sovereign or their proper delegatees, by condemnation proceeding by the power of eminent
domain.
2.46. "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.
2.47. "Successor Tenant" means a person to whom Landlord's interest in the Lease
is transferred as more particularly described in Section 22.1.
2.48. "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,
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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.
2.49. "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.
3.1, 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
Tenn,
3.2. Airspace Termination. Pursuant to the MRP Agreement, the Airspace will
be transferred to Tenant upon satisfaction of the conditions provided in Article 7 of the MRP
Agreement. If the Airspace is not transferred to Tenant 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. Tenn.
4.1. 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.
5. Parking Meters, Percentage Rent and Minimum Rent.
5.1. 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 and shall, at
Tenant's cost, install all of the parking meters on the Second Level Parking Deck. Landlord shall
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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 a way 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 of parking 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 may be determined solely by Tenant from time to time (the "Municipal Space "). The Municipal
Space shall be used by the Landlord only for police purposes and in addition for those uses which
relate to Municipal Parking. 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.
5.2. Lease Year Percentage Rent.
5.2.1. Percentage Rent. Commencing with the first Lease Year and for each
Lease Year thereafter during the Lease Tenn, 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 month reporting all items of income and exclusion
required to determine Percentage Rent payable for such period.
5.2.2. Definitions. For purposes ofdetermining 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;
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X
0
(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, real estate 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 retail leases and other Subtenants
may have net retail or office leases, and Landlord and Tenant agree to make the necessary
adjustments hereunder to allow for such differences in the Subtenant leases; 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:
(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 in compliance 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 fiend 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.
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A
5.2.3. Limitation on Pavment Obligation. Notwithstanding anything herein
to the contrary, Tenant shall not have an obligation to pay Percentage Rent to Landlord unless and
until Tenant (1) 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.
5.3. Minimum Rent. For every month, or portion thereof, by which the
Completion of Construction exceeds the date that is twelve months after the Commencement of
Construction, Tenant shall pay to Landlord, as Minimum Rent, the sum of $76,000 per annum,
payable on a monthly basis. Such monthly payments shall be made on or before the tenth of each
month following the month, or portion thereof, for which Minimum Rent is due (the monthly rental
payment shall be pro -rated for partial months). 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.
6. Payment.
6.1. Percentage Rent.
6.1.1. Payment of Percentage Rent. Commencing with the first Lease Year,
Tenant shall pay to Landlord on the 30" day after the end of each calendar quarter during the Lease
Term an amount equal to the Percentage Rent for such calendar quarter.
6.1.2. Annual Statement. Within ninety days of the end of each Lease Year,
Tenant shall retain an accounting firm to prepare and deliver a statement to Landlord which reports
the Gross Income for such Lease Year. 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 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 Rent due
under this Lease.
6.1.3. 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, Tenant small pay such deficiency to Landlord, within 15
days after the date of Tenant's receipt of Landlord's written determination and associated backup
documentation. In the event the underpayment is greater than 5% of the total Percentage Rent
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payable with respect to such Lease Year, Tenant shall (i) reimburse Landlord the reasonable
expenses incurred in making such examination of Tenant's 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 Rent due
hereunder. If Tenant and Landlord do not agree to the amount or existence of an underpayment,
Tenant's accountant and Landlord's accountant shall choose a third accountant ( "Independent
Accountant ") who shall decide the existence and /or amount of any such underpayment. The
detennination of the Independent Accountant shall be issued to Tenant and Landlord in writing and
shall be final and binding on the parties.
6.1.4. 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. All of the books and records shall be physically located and kept in Miami -Dade
County, Florida and shall be retained for a period not less than three years.
6.1.5. Waiver. In the event that neither Landlord nor Tenant objects to the
determination and/or payment of Percentage Rent within the one -year period following the close of
a Lease Year, the Percentage Rent for such Lease Year shall be deemed to be conclusively
determined, and the parties shall have waived all rights to have such Percentage Rent redetermined
except upon showing of fraudulent conduct on the part of either party.
6.2. Delivery of Payment. 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
6.3. Delinquency. The Percentage Rent is delinquent if not received by Landlord
on the 5th day of each month or quarter, respectively, after the date on which such payment is
otherwise due. 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.
7. Title; Delivery of Possession.
7.1. 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
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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.
7.2. 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, shall cause such Hazardous Materials to be removed
from the land in compliance with all applicable laws and 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 environmental 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 in 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 terms 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, the Landlord shall have the option of terininating this Lease by providing Tenant with
prior written notice and reimbursing Tenant all fees, costs, and expenses incurred after the Effective
Date. In the event of termination hereunder, the parties 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.
7.3. Alleyway Considerations. The 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 "). The Landlord further acknowledges
that the Alleyway Claim may prevent Tenant from obtaining construction financing for the Project.
Within thirty days of the Effective Date of this Lease, the Landlord shall, at its sole cost,
immediately take whatever actions are necessary to resolve the Alleyway Claim to the satisfaction
of Tenant, the Construction Lender, the title insurance company issuing the title insurance policy
insuring the leasehold mortgage of the Construction Lender, and, if different, the title insurance
company issuing the title insurance policy insuring Tenant's leasehold interest under this Lease.
Landlord and Tenant shall negotiate in good' faith to resolve all of the issues regarding the Alleyway
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Claims, including termination of the Lease if the Alleyway Claims are not resolved in an expeditious
manner. Landlord and Tenant shall conclude such negotiations before February 29, 2000.
7.4. 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.
7.5. 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 apart hereof) evidencing that the Title Requirements and
Airspace Conditions precedent have been satisfied or waived and setting forth the Lease
Commencement Date.
8. Zoning, Development of Land and Pre - Construction Activity.
8.1. 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 four -story mixed -use building containing
approximately 332 parking spaces, 19,530 square feet of ground floor retail space and 35,000 square
feet of office space to be built on the Land and in the Airspace. The four -story building shall be
constructed to support two additional levels of parking.
8.1.2. New MRP Building. A one story building with a approximately
311,500 square feet of retail space.
8.2. Plans and Schedules. During the pre - construction period, 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
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and Tenant agree to develop a project 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. Any construction schedule which exceeds twelve months must receive the Landlord's
written approval, which approval shall not be unreasonably withheld or delayed.
8.3. 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 Project or any
modification, replacement, alteration, or addition thereto, unless there is a material change in the
Plans previously reviewed 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.
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.
8.4. 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
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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 obtain all Permits required for Commencement of Construction
within six months of the Effective Date, then either party shall 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.
8.5. 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 or otherwise caused by Landlord's change in the Plans.
8.6. 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.
8.7. 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:
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 of Representative. Landlord may change such designee at any
time upon written notice to Tenant.
9. Construction of Project.
9.1. Conditions Precedent to Commencement of Construction. Tenant shall not
be obligated to commence construction of the Project until the following are satisfied:
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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.
9.2. Commencement of Construction. 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
Constriction of the Project in accordance with the tennis hereof. As used herein, "Commencement
of Construction means the filing of the notice of commencement by Tenant or Tenant's authorized
representative for the construction of the Project.
9.2.1. Delay of Commencement of Construction. If within ninety days of
the Permit Date, Tenant has not commenced construction of the Project because items indicated in
Paragraph 9.1 have not been satisfied, either party 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 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,
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9.3. 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.
9.4. 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").
9.5. 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.
9.6. 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.
9.7. 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 the Parking 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, 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.
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9.8. 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 73' 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.
10. Tax Treatment.
10.1. Tax Benefits. Landlord and Tenant agree that the maximum federal and state
tax benefits arising from the ownership of the Parking Structure shall inure to the benefit of Tenant.
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 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 contemplated by this Paragraph 10.
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 appeals and take related action which Tenant deems
appropriate in connection therewith. Landlord shall cooperate with Tenant 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 appeals and refunds, and all
amounts payable 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 be distributed as follows: first, to
reimburse Tenant for all costs incurred, in connection with the appeal or proceeding; second, with
respect to refunds payable to Subtenants of the Parking Structure pursuant to Subtenant leases, to
such Subtenants in accordance with the terms of L Bch Subtenant leases; and third, to Tenant (any
such refund received by Tenant shall not be Gross Income).
11, Leasehold Mortgage. [Article 11 to be reviewed by Construction Lender's
Counsel]
11.1. 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 long -term 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
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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. Any construction financing obtained for
purposes of building the Parking Structure shall be replaced by permanent financing within fifteen
months of Tenant obtaining a certificate of completion for the Parking Structure. Any financing
secured by the Project shall be paid off on or before the 48' year of this Lease and no financing shall
have an amortization schedule that would require payments after the 48t' year of this Lease.
11.2. 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.
11.3. Lender's Rights Upon Tenant Default. During the continuance 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 the 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
1 1.3.4 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;
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11.3.3. Lender's Right 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 any repairs, to continue to construct and complete
the Project, and do any other act or thing required of Tenant hereunder, and to do any act or thing
which may be necessary and proper to be done in the performance and observance of the covenants,
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 be
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 of non 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
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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;
1 1.3.5. 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
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 ofpossession of the Proi ect 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. Bankruptcy 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 the 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;
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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;
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 nomno: etary defaults of Tenant susceptible to cure
by Lender.
11.4. 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.
11.5. No Financing Liability. Landlord shall not be required to join in the
Leasehold Mortgage or be liable for it in any way.
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11.6. Payment of Landlord's Attorney's Fees. Any Lender which seeks the benefit
of the terms and provisions of Paragraph 11 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.
11.7. 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.
11.8. 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 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 purchase the Lender's interest in this Lease. 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. The purchase price therefor shall be determined by appraisal
as set forth in Subparagraph 11.8.2 based on the total value of the remaining Lease Term and Fee
Interest in the Airspace portion of the parking structure referred to as "Fee Interest."
11.8.1 Leasehold Interest. The value of the Leasehold Interest shall
represent the income stream that Tenant would have received over the remaining Lease Term from
the parking structure excluding the Airspace discounted to a present value.
11.8.2. Appraisal Procedure. The Landlord shall choose one appraiser, the
Lender shall choose one appraiser, and those two appraisers shall jointly choose a third appraiser.
The three appraisers shall perform appraisals and determine the value of the remaining Leasehold
Interest and the Fee Interest, and the average of the three valuation conclusions as set forth in the
appraisals shall be the Purchase Price. The appraisal method to be used by the appraisers shall be
the current method in use by the appraisal industry for similar Projects at the time the appraisal is
conducted. All appraisers chosen pursuant to this Lease shall be members in good standing of the
Appraisal Institute or similar then existing organization.
11.8.3. Payment of Appraisers' Fees. Landlord shall pay the fees and costs
of the appraiser chosen by Landlord. Lender shall pay the fees and costs of the appraiser chosen by
Lender. Landlord and Lender shall each pay one -half of the fees and costs of the third appraiser
chosen jointly by them.
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12. Events of Default by Tenant. The following events are hereby defined as "Events of
Default" by Tenant:
12.1. 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 saine 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.
12.2. Failure - Performance of Other Covenants. Etc. Failure of Tenant 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 Tenant in this Lease, 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 camlot with reasonable diligence be cured within 60 days and Tenant within said 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 an additional reasonable time, within which
to cure the default provided 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 set forth in this Lease
have elapsed without such cure having been effected, the failure of Tenant to perform or comply
with the non- monetary covenants, conditions and agreements of this Lease shall not be deemed an
Event of Default.
12.3. BankMtcy_ 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 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; or
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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.
12.4. Remedies for Default by Tenant. If any of the Events of Default by Tenant
shall occur, 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 tenninate,
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 tenmination of this Lease, as provided in this Paragraph 12.4 and subject to the provisions of
Paragraph I I 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 in equity, that Landlord has against Tenant.
12.5. 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 as 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 to Tenant 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 due to Tenant, 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. 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.
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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 for a 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 an additional reasonable time, within which to cure the default.
Until Tenant has provided Landlord with written notice pursuant to this Paragraph 12.5.1 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.
12.6. 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.
13. Condemnation.
13.1. Taking of Entire Premises. If at anytime during the term of this Lease the
power of eminent domain shall be exercised by any federal or state 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 tenninate and expire on the date of such Taking.
Tenant's right to recover a portion of the award for a Taking, as hereinafter provided, is limited to
the fair market value of the Parking Structure, and the value of Tenant's interest in the unexpired
tenn of the leasehold estate created pursuant to this Lease and 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 perfonn all the terms of this Lease up to the date of such Taking.
13.2. Proceeds of Taking. In the event, following any such Taking as aforesaid, this
Lease is terminated, or in the event, following a 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
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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.
13.3. 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 camlot 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 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
Structure at its fair market value for aperiod 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 tenminated. 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 irthe 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.
13.4. Partial Taking; Continuation ofLease. Ifthe 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 hannless from any and all such liens.
13.5. 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
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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 term 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.
13.6. 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 or state sovereign or their proper delegatees with the power of
eminent domain appropriates or condemns all or a portion of the Parking Structure and Landlord is
a beneficiary of such Talking, the award shall be divided in accordance with the provisions of
Paragraph 13.8. 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 frilly pay for such restoration, repair or reconstruction, Tenant shall
have the option of:
13.6.1. Making Repairs. Repairing or reconstructing the remaining
portion of the Parking Structure at its expense, in which event the provisions of Paragraph 13.4
herein shall control, or
13.6.2. Terminating Lease. ease. Terminating the Lease in which event the
provisions of Paragraph 13.3 herein shall control.
13.7. 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 (not involving Landlord) which constitutes an inverse
condemnation of any portion of the Parlking 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.
13.8. 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 Talking under Paragraph 13.8
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.
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13.9. 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.
14.1. 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
14.2. 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.
14.3. 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.
14.4. 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.
14.5. Environmental. Tenant shall not cause or permit any Hazardous Material to
be brought upon, kept or used in or about the Parking Stricture 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 tern "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.
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15. Repair and Maintenance.
15.1. 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 parking spaces located on the Second Level Parking Deck and ordinary municipal
services and repairs provided to other commercial buildings in the City of South Miami.
15.2. 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 Premises 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.
17.1. 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, exp.md, 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 anew Parking Structure provided further that:
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 are intended to subject to Landlord's approval (i) any
modifications, construction, replacements, or repair in the nature of "tenant work," as such term is
customarily used, (ii) emergency repairs or (iii) any normal and periodic maintenance, operation, and
repair of the Parking Structure.
17.2. 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 it will issue Tenant a written determination either consenting to or rejecting Tenant's 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
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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 of physical inspection of the Project
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 way 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 of
parking revenues and issuance of parking fines on the Second Level Parking Deck.
19. Operation and Management of Improvements.
19.1. 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
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.
19.2. 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
Construction 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.
193. Rights to Erect Signs; Revenue Therefrom.
l 9.3.1. Procedure for Signs. Landlord hereby agrees that Tenant, to the extent
pennitted 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
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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 Sims. 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.
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.
19.4. 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.
19.5. Night and Weekend Parking. So long as the City of South Miami is the
Landlord, the Landlord may request in writing 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.
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19.6. 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
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
Stricture in such a way as is commercially reasonable when taking into account maintenance
programs at similar parking garages in Miami -Dade County.
21. Destruction.
21.1. Tenant's Duty to Restore, it; at any time 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 destntction, 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 ".
21.2. 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,
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21.3, Insurance Loss Pam. 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 ofthe Leasehold Mortgagee preliminary to the release
of said funds. Any proceeds remaining at completion shall be paid to and belong to Tenant.
21.4. Reconstruction Delay. 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.
21.5. 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 Leasehold Mortgagee the proceeds shall' be used 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, fines,
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 sole discretion after reviewing
the current financial statements provided by the Successor Tenant, that the Successor Tenant has the
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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 principals of the Successor Tenant have not been convicted
of any felony; (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; (iv) The Successor Tenant has not violated environmental laws; (v) the
Successor Tenant is not a party or subject to any agreement, commitment, contractor obligation
which would impede its ability to perform under the Lease Agreement; (vi) with the exception of
the liabilities set forth in the Successor Tenant's financial statements, the Successor Tenant does not
have material liabilities or obligations of any nature, whether absolute, accrued, asserted or
unasserted, contingent or otherwise, whether due or to become due which will materially effect its
financial condition; (vii) the Successor Tenant has not violated 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; (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.
Subj ect 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 Refits 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 of the 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. Rii4hts 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
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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 may be 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 attomment 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
assigmment 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. Right of First Refusal. Upon Landlord's exercise of its right to assign the
Lease to athird 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 for as provided in the Sales Notice. In the event Tenant's
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exercises it right to purchase the Land as provided in this Subparagraph 22.4, this Lease shall
terminate 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.
23. Insurance.
23.1. 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.
23.2. 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 Property Damage Insurance. After Completion of
Construction, physical damage insurance covering all real and personal property, excluding property
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.
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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.
23.3. 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.
23.3.5. Mortgage Endorsement. Provide a standard mortgage
endorsement as contemplated in Paragraph 21.3.
23.4. 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.
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23.5. 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.
23.6. 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 form 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 the efor (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 of Unutilized Proceeds. Upon the termination of
this Lease, including a termination as a consequence of damage or destruction of the Parking
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.
23.7. 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 (30) days after the date of such damage or destruction, then each party shall appoint an
insurance appraiser who shall jointlychoose a third insurance appraiser (the "Independent Insurance
Appraiser"). The written decision of the Independent Insurance Appraiser shall be binding on
Tenant and Landlord.
23.8. 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 for a failure to obtain
such insurance until a reasonable time after notification thereof by the other party.
23.9. 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
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.
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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.
25.1. Acts of God. Notwithstanding any other provision herein to the contrary,
provided such cause is not due to the willfiil act or neglect of the party asserting its rights under this
Paragraph, a party shall not be 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 connmotion, 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.
25.2. 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 !his 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.
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 Scurr, City Manager
will
With copy to:
Earl Gallop
City Attorney for the City of Miami
Nagin Gallop Figueredo
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
As to Tenant:
SPG Phase One, Ltd.
7150 S.W. 62" d 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 wish 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
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.
30.1. 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.
30.2. 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.
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31. Representations and Warranties.
31.1. Landlord's Representations and Warranties. Landlord hereby represents and
warrants to Tenant that:
31.1.1. Authority to Bind. Landlord has full power and authority to enter into
this Lease and perform in accordance with its terns and provisions; that the parties signing this
Lease on behalf of Landlord have the authority to bind Landlord and to enter into this transaction
and Landlord has taken all requisite action and steps to legally authorize it to execute, deliver and
perform pursuant to this Lease.
31.1.2. Free of Tenancies. Landlord shall deliver possession of the Land to
Tenant free and clear of any and all tenancies, occupancies and violations of laws, regulations and
ordinances, except as may be approved by Tenant in writing, and subject only to the rights reserved
herein to Landlord.
31.1.3. 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.
31.1.4. 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.
31.1.5. 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.
31.2. Tenant's Representations and Warranties. Tenant hereby represents and
warrants to Landlord that:
31.2.1. 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 for the satisfaction of each and every remedy of Landlord in the event of any breach by
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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. General Provisions.
33.1. 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.
33.2. 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.
33.3. 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.
33.4. Successors and Assigns. This Lease shall be binding upon the successors,
assigns, and representatives of the parties hereto.
33.5. Modification and Rescission. This Lease maybe modified or rescinded only
by a writing signed by the parties snaking 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.
33.6. 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 in the Circuit Court for and in Miami -Dade County, Florida.
33.7. 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:
33.8. 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
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Florida. Additional information regarding radon and radon testing
may be obtained from your county public health center."
33.9. No Discrimination. Tenant will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, 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.
33.1.0. Attorneys' Fees. If any action is brought to enforce this Lease or other
document referred to herein, 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 suit or arbitration..
33.11. 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 be in lieu of any required governmental approval of City.
33.1.2. Duplicate Originals. This Lease is fully executed by the parties in duplicate
identical original instruments, either of which maybe introduced into evidence in any proceeding
as conclusive proof of the text thereof Each party acknowledges receipt of one fully executed
Lease,
33.13. 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.
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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
2000 ( "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:
LANDLORD:
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, 2000, 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, 2000, 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:
[SEAL]
y
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.
EXHIBIT D
Fonn of Certificate of Waiver of Title Requirements and Airspace Conditions and Establishment
of Lease Commencement Date