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09-07-99
i MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 7 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: September 21, 1999 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 SASSED. 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 remunerated 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: Reverend David Alicea, Pastor of University Christian Church C. Pledge of Allegiance: D. Presentation (s) Proclamation - Non- Violence Month ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes August 3, 1999 - Regular City Commission Minutes August 17, 1999 - Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report REGULAR CITY COMMISSION AGENDA - September 7, 1999 1 �a.m n..- ._ _, r w. CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $6,590.57 CHARGING $75.50 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL PROPERTY /FORECLOSURE CHARGING $2,387.78 TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL SERVICES, CHARGING $39.25 TO ACCOUNT NO. 610- 1120 - 554 -3415, CRA FUND, GENERAL LEGAL AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANNEXATION; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,894.40 AS PAYMENT FOR SERVICES RENDERED BY MIAMI - DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE CITY OF SOUTH MIAMI ANNEXATION ELECTION; AUTHORIZING DISBURSEMENT FROM ACCOUNT NO. 001- 2100 - 519 -9950 "RESERVE FOR RE- ENCUMBRANCES; PROVIDING AN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND AN EXISTING OPEN PURCHASE ORDER ISSUED TO ALAYON AUTO AIR CORP. BY $4,000.00 AND CHARGING THIS FUNDING TO ACCOUNT NO. 001 - 519 - 1760.4680 "OUTSIDE LABOR - EQUIPMENT MAINTENANCE DIVISION" 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 OF $182.00 TO IDEAL PROMOTIONS, FOR THE MERCHANDISE RECEIVED (T- SHIRTS), AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2000- 572.5670 , "SPECIAL RECREATION PROGRAMS ". 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,760.00 TO MANOLIN & PILAR MARTINEZ INC. FOR TRANSPORTATION SERVICES) AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001-2000 - 572.4420, "OUTSIDE SERVICES" 3/5 REGULAR CITY COMMISSION 2 AGENDA - September 7, 1999 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,261.95 FOR THE PURCHASE OF FOUR COMPUTERS FROM DELL CO. AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 2100 - 519 -6430 "GENERAL FUND NON- DEPARTMENTAL OPERATING EQUIPMENT ACCOUNT" 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) HEARING 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTIONS 20 -7.8 THROUGH SECTION 20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 IS LOCATED AT THE NORTH WEST CORNER OF S.W. 59TH COURT AND S.W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF 59TH PLACE AND S.W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143 (deferred from August 17, 1999) 4/5 RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO NON- VIOLENCE; ENDORSING THE NON - VIOLENCE PROJECT FORMAT IN SCHOOL, THE WORKPLACE AND COMMUNITY; PROVIDING AN EFFECTIVE DATE. (Commissioner Feliu) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ENDORSEMENT AND CONGRESSIONAL AUTHORIZATION OF THE CENTRAL AND SOUTHERN FLORIDA PROJECT COMPREHENSIVE REVIEW STUDY (RESTUDY); PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION AGENDA — September 7, 1999 3 a ORDINANCE (S) FIRST READING 13. 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 73P�D STREET ON THE SOUTH, SW 5811H 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 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 COM►?I SSION" . PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 4 AGENDA - September 7, 1999 CITY OF SOUTH MIAMI To: Mayor and Commission Date: September 3, 1999 From: Earl G. Gallop Agenda Item # City Attorney Commission Meeting /7/99 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $6,590.57. The accounts are summarized below: A detailed Billing Statement is attached. /J�! !R AC 11' 4 le 1'.Ov" /-0 a Loo 10 fu, a� Clow' r, Account Current Balance This Invoice Consulting — Real Property/Foreclosure $ $ 75.50 Account # 1500 -3435 Professional Services - $ $ 2,387.78 Account # 608 -1910 -521 -3100 CRA Fund — General Legal $ $ 39.25 Legal Services Non Retainer $ $ 4.088.04 Account # 1500 -3410 A detailed Billing Statement is attached. /J�! !R AC 11' 4 le 1'.Ov" /-0 a Loo 10 fu, a� Clow' r, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $6,590.57 CHARGING $75.50 TO ACCOUNT NO. 1500 -3435, CONSULTING - REAL PROPERTY /FORECLOSURE, CHARGING $2,387.78 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES, CHARGING $39.25 TO ACCOUNT NO. 610 - 1120 -554 -3415, CRA FUND, GENERAL LEGAL, AND, CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending July 31, 1999, in the amount of $6,590.57; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $6,590.57, are approved for payment and $75.50 shall be charged to Account No. 1500 -3435, Consulting -Real Property /Foreclosure; Charging $2,387.78 to Account No. 608 - 1910 -521 -3100, Professional Services; charging $39.25 to Account No. 610- 1120 -554 -3415, CRA Fund, General Legal, and the remainder to Account No. 1500 -3410; Legal Services Non Retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of '1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351 August 6, 1999 Mr. Hakeem Oshikoya City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending July 31, 1999, in the amount of$6,590.57. I tabulated the amounts due on each individual file as follows: 0022 -003 Williamson Foreclosure Prof l Services $ 0 Disbursements .50 Total Due $ .50 0022 -008 Wascura v. CSM ProfI Services $ 122.50 Disbursements 9.85 Total Due $ 132.35 0022 -023 Parking Garage Prof 1 Services $ 3,202.50 Contract Disbursements 9.58 Total Due $ 3,212.08 0022 -027 Bruce v. Code Enforcement Prof 1 Services $ 390.00 Contract Disbursements 6.79 Total Due $ 396.79 0022 -030 Bradshaw v. CSM Prof 1 Services $ 87.50 Disbursements 8.68 Total Due $ 96.18 0022 -032 Ratner v. CSM ProfI Services $ 35.00 Disbursements 0 Total Due $ 35.00 Mr. Hakeem Oshikoya August 6, 1999 Page 2 0022 -034 CSM v. Third Group Prof l Services $ 75.00 Disbursements 0 Total Due $ 75.00 0022 -036 Africano v. CSM Profl Services $ 202.50 Disbursements 13.14 Total Due $ 215.64 0022 -037 Forfeiture 1993 Mazda Profl Services $ 150.00 Disbursements 245.90 Total Due $ 395.90 0022 -038 Forfeiture 1992 Olds Profl Services $ 270.00 Disbursements 190.60 Total Due $ 460.60 0022 -039 Forfeiture 1986 Mercedes Profl Services $ 160.00 Disbursements 152.79 Total Due $ 312.79 0022 -040 Forfeiture 1987 Ford Prof l Services $ 1,110.00 Discount 200.00 Disbursements 308.49 Total Due $ 1,218.49 0141 -001 CRA Parking Garage Prof 1 Services $ 35.00 Disbursements 4.25 Total Due $ 39.25 CURRENT TOTAL DUE $ 6,590.57 Do not hesitate to call me if you have any questions regarding these statements. Vey tu S, arl Gl aoG Cc: Mayor and city commission p CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Photocopies Payments 8/4/1999 Payment Ck#24423 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -003 Williamson Foreclosure Statement No. 4489 0.50 Sub -total Expenses: 0.50 1,278.75 Sub -total Payments: 1,278.75 0.00 0.50 0.50 1,278.75 1,278.75 Total Due 0.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -008 Wascura v. City of South Miami Statement No. 4493 Hours Amount 7/21/1999 EGG Reviewed plaintiffs second set of interrogatories and third request 0.50 87.50 for production of documents; transmitted to Ms. Morris for response; prepared letter to Mr. McDuff requesting him to discuss with opposing counsel limiting scope of discovery or seeking protective order 7/26/1999 EGG Reviewed objections to plaintiffs discovery requests 0.20 35.00 Rate Summary Earl G. Gallop Expenses Total Professional Services 122.50 0.70 hours at $175.001hr Total hours: 0.70 Telefacsimile charge Photocopies Postage 122.50 3.00 5.75 1.10 Sub -total Expenses: 9.85 Payments 8/4/1999 Payment Ck#24423 18.16 Sub -total Payments: 18.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -008 Page: 2 122.50 9.85 132.35 18.16 18.16 Total Due 132.35 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -022 Forfeiture: 1988 Ford Mustang Statement No. 4502 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 400.00 Payments - Thank you 0.00 Total Due 400.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 5, 1999 Matter ID: 0022 -023 City Manager City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 4503 City of South Miami, FL 33143 7/14/1999 LRF Attended meeting in South Miami regarding SPG project. Reviewed Hours Amount 7/1/1999 LRF Reviewed land use code and pertinent case law concerning 1.50 262.50 7/14/1999 application procedure for special exceptions. Conference with Ms. 2.00 350.00 Boutsis concerning same. 7/2/1999 LRF Reviewed zoning regulations pertaining to requirements for special 0.80 140.00 exceptions. 7/6/1999 LRF Researched florida case law and use regulations pertaining to 3.00 525.00 current application requirements for special use exceptions. 7/13/1999 LRF Telephone conference with Parker Thompson. 0.50 87.50 7/13/1999 EGG Prepared for meeting with Auerbach and Elias; reviewed judicial 1.10 192.50 opinion suggesting that Auerbach does not have enforceable right 7/22/1999 is restriction in dedication and recent Fla. S. Ct. opinion addressing 0.40 70.00 extinguishing claim in absence of recording of instrument under Market Record Title Act 7/14/1999 LRF Attended meeting in South Miami regarding SPG project. Reviewed 2.50 437.50 Easement agreement concerning Auerbach property. 7/14/1999 EGG Prepared for and attended meeting with representatives of SPG and 2.00 350.00 Mr. Auerbach regarding reduction of parking on city easement 7/19/1999 LRF Reviewed E -Mail from Mr. Auerbach's attorney concerning failure of 0.30 52.50 architects to meet. Telephone conference with Ralph Perez's office. 7/20/1999 LRF Telephone conference with Charles Scurr. Telephone conference 0.50 87.50 with Ralph Perez. 7/21/1999 LRF • Telephone conference with Ralph Perez concerning modifications 0.50 87.50 to lease agreement and inclusion of "Most favored Nation" provision. 7/22/1999 LRF Telephone conference with Ralph perez. Status Conference with 0.40 70.00 Mr. Gallop. 7/23/1999 LRF Telephone status conference with Ralph Perez. 0.40 70.00 7/27/1999 LRF Reviewed draft lease agreement. Telephone conference with Ralph 3.00 525.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -023 Page: 2 Perez. Telephone conference with Charles Scurr. Prepared memorandum for Mr. Gallop. 7/28/1999 LRF Telephone conferences with Ralph Perez concerning pending 0.70 122.50 issues. Telephone conference with Charles Scurr regarding same. 7/29/1999 LRF Prepared letter for Mr Scurr. Telephone conference with Charles 0.70 122.50 Scurr. 7/30/1999 LRF Reviewed correspondence from Parker Thompson. Status 0.40 70.00 conference with Mr. Gallop. Rate Summary Luis R. Figueredo Earl G. Gallop Expenses Total Professional Services 3,202.50 15.20 hours at $175.00/hr 3.10 hours at $175.00/hr Total hours: 18.30 2,660.00 542.50 Legal research 9.58 Sub -total Expenses: 9.58 Payments 8/4/1999 Payment Ck#24423 8,878.49 Sub -total Payments: 8,878.49 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -023 Page: 3 For Professional Services 3,202.50 For Disbursements Incurred 9.58 Current Balance: 3,212.08 Previous Balance: 8,878.49 Payments - Thank you 8,878.49 Total Due 3,212.08 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 5, 1999 Matter ID: 0022 -027 City Manager Bruce v. Code Enforcement City of South Miami 6130 Sunset Drive Statement No. 4507 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Total Professional Services 2.60 hours at $150.00 /hr Total hours: 2.60 Postage Telefacsimile charge Photocopies Sub -total Expenses: 390.00 1.54 3.00 2.25 6.79 390.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 7/6/1999 EAB E -mail correspondence with opposing counsel regarding 0.30 45.00 settlement. 7/9/1999 EAB Analyzed settlement offer prepared by Mr. Harris; prepared letter 1.30 195.00 rejecting the counter offer; gave Mr. Bruce until July 13th to accept our proposal or appeal will proceed. 7/13/1999 EAB Telephone conference with Mr. Harris regarding failed settlement 0.30 45.00 negotiations. 7/19/1999 EAB Telephone conference with Mr. Harris regarding negotiations; 0.20 30.00 informed Mr. Harris that the City will not make any further concessions. He must take offer or we proceed to appeal. 7/20/1999 EAB Reviewed Mr. Harris' settlement proposal and drafted final letter to 0.50 75.00 Mr. Harris informing him of the City's final offer which will expire Monday, July 26, 1999. Rate Summary Eve A. Boutsis Expenses Total Professional Services 2.60 hours at $150.00 /hr Total hours: 2.60 Postage Telefacsimile charge Photocopies Sub -total Expenses: 390.00 1.54 3.00 2.25 6.79 390.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -027 Page: 2 Payments 8/4/1999 Payment Ck#24423 2,703.77 Sub -total Payments: 2,703.77 For Professional Services 390.00 For Disbursements Incurred 6.79 Current Balance: 396.79 Previous Balance: 2,703.77 Payments - Thank you 2,703.77 Total Due 396.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 7/13/1999 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -028 In re forfeiture of $4,250 Statement No. 4508 Payment Ck#109 805.50 Sub -total Payments: 805.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 909.09 Payments - Thank you 805.50 Total Due 103.59 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -029 In re: forfeiture of 1982 Statement No. 4509 Payments 8/4/1999 Payment Ck#24423 531.33 Sub -total Payments: 531.33 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 595.09 Payments - Thank you 531.33 Total Due 63.76 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -030 Jhuboolall v. CSM, Bradshaw Statement No. 4510 Hours 7/30/1999 EGG Reviewed draft answers to third request for admissions; telephone 0.50 conference with Mr. McDuff; prepared memorandum regarding same to Capt. Dan Salerno Rate Summary Earl G. Gallop Expenses Photocopies Postage Payments 8/4/1999 Payment Total Professional Services 0.50 hours at $175.00/hr 87.50 Total hours: 0.50 7.25 1.43 Sub -total Expenses: 8.68 Ck#24423 35.00 Sub -total Payments: 35.00 Amount 87.50 87.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -030 Page: 2 87.50 8.68 96.18 35.00 35.00 Total Due 96.18 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOPFIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 5, 1999 Charles D. Scurr Matter ID: 0022 -032 City Manager City of South Miami Thomas H. Ratner v. CSM 6130 Sunset Drive Statement No. 4512 City of South Miami, FL 33143 Hours Amount 7/15/1999 EGG Reviewed orders setting trial date, referral to mediation, magistrate 0.20 35.00 judge reassignment and providing parties with instructions for jury trial; calendared calendar call and mediation dates Total Professional Services 35.00 Rate Summary Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Total hours: 0.20 Payments 8/4/1999 Payment Ck#24423 Sub -total Payments 177.63 177.63 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -032 Page: 2 For Professional Services 35.00 For Disbursements Incurred 0.00 Current Balance: 35.00 Previous Balance: 177.63 Payments - Thank you 177.63 Total Due 35.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 4513 Hours Amount 7/1/1999 EAB Reviewed proof of claim and bankruptcy filings, deadlines and 0.50 75.00 possible filing requirements Total Professional Services 75.00 Rate Summary Eve A. Boutsis 0.50 hours at $150.00 /hr 75.00 Total hours: 0.50 Payments 5/11/1999 Payment Ck#23545 97.85 Sub -total Payments: 97.85 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -034 Page: 2 75.00 0.00 75.00 97.85 97.85 Total Due 75.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 5, 1999 Charles D. Scurr Matter ID: 0022 -036 City Manager City of South Miami Eduardo Africano v. CSM 6130 Sunset Drive Statement No. 4515 City of South Miami, FL 33143 Hours Amount 7/9/1999 EAB Prepared second, and final, counter -offer to Ms. Valdes 0.50 67.50 7/29/1999 EAB Prepared settlement agreement 1.00 135.00 Total Professional Services 202.50 Rate Summary Eve A. Boutsis 1.50 hours at $135.00/hr 202.50 Expenses Total hours: 1.50 Postage Legal research Telefacsimile charge Payments 8/4/1999 Payment Ck#24423 0.66 10.48 2.00 Sub -total Expenses: 13.14 2,072.84 Sub -total Payments: 2,072.84 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -036 Page: 2 202.50 13.14 215.64 2,072.84 2,072.84 Total Due 215.64 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -037 Forfeiture in re 1993 Mazda Statement No. 4516 Rate Summary Eve A. Boutsis Expenses Total Professional Services 150.00 1.50 hours at $100.00 /hr Total hours: 1.50 150.00 Courier charge 33.85 Hours Amount 7/2/1999 EAB Telephone conference with Judge Levine's judicial assistant in 0.50 50.00 7/9/1999 Service of process regards to ex -parte probable cause hearing and prepared 7/20/1999 Service of process 175.00 correspondence to Judge's attention requesting execution of an Sub -total Expenses: 245.90 order finding probable cause. 7/23/1999 EAB Telephone conference with opposing counsel regarding settlement; 0.40 40.00 telephone conference with Feldman regarding case status 7/27/1999 EAB Prepared counter -offer correspondence to opposing counsel 0.30 30.00 7/30/1999 EAB Prepared correspondence to opposing counsel regarding possible 0.30 30.00 default and settlement negotiations Rate Summary Eve A. Boutsis Expenses Total Professional Services 150.00 1.50 hours at $100.00 /hr Total hours: 1.50 150.00 Courier charge 33.85 Legal research 8.86 Postage 3.19 7/9/1999 Service of process 25.00 7/20/1999 Service of process 175.00 Sub -total Expenses: 245.90 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -037 Page: 2 For Professional Services 150.00 For Disbursements Incurred 245.90 Current Balance: 395.90 Previous Balance: 1,370.16 Payments - Thank you 0.00 Total Due 1,766.06 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 Matter ID: 0022 -038 Forfeiture of 1992 Oldsmobile Statement No. 4517 Hours Amount 7/1/1999 EAB Prepared correspondence to Judge requesting an adversarial 0.50 50.00 preliminary hearing; telephone conference with Judge's judicial assistant and prepared Notice to non -party and prepared subpoena to TJ's Grocery 7/8/1999 EAB Prepared facsimile to AC Feldman; telephone conference with 0.70 70.00 Officer Cooper regarding preliminary probable cause and began review of Officer's testimony; and telephone conference with AC Feldman regarding possible settlement offer and issues in case 7/9/1999 EAB Telephone conference with Judge's judicial assistant; prepared two 1.50 150.00 letters to judge regarding cancellation of hearing; telephone conference with opposing counsel; prepared motion and order requesting continuance; telephone conference with Officer Cooper informing him of cancellation of hearing; prepared facsimile to AC Feldman regarding status of case and blue book value of vehicle Rate Summary Expenses Eve A. Boutsis Total hours: Photocopies Legal research Courier charge Postage Telefacsimile charge Total Professional Services 270.00 2.70 hours at $100.00 /hr 270.00 2.70 5.50 14.11 10.95 8.04 12.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 7/9/1999 Service of process For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -038 Page: 2 140.00 Sub -total Expenses: 190.60 270.00 190.60 460.60 802.96 11 Total Due 1,263.56 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. - CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 5, 1999 Matter ID: 0022 -039 City Manager I City of South Miami n Re 1986 Mercedes 6130 Sunset Drive Statement No. 4518 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Total Professional Services 160.00 1.60 hours at $100.00 /hr Total hours: 1.60 Postage Photocopies Courier charge Telefacsimile charge Legal research 160.00 4.07 13.00 33.00 52.00 0.72 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 7/8/1999 EAB Telephone conference with retained counsel regarding probable 0.30 30.00 cause and possible settlement of action 7/21/1999 EAB Prepared correspondence to counsel regarding City's settlement 0.30 30.00 offer of $10,500; prepared final interrogatory and request for production documents to be sent to counsel 7/23/1999 EAB Telephone conference with opposing counsel regarding probable 0.40 40.00 cause hearing and possible settlement; telephone conference with AC Feldman regarding status of drug report 7/27/1999 EAB Prepared counter -offer correspondence to opposing counsel 0.30 30.00 7/30/1999 EAB Prepared correspondence to opposing counsel regarding 0.30 30.00 settlement and possible entry of default. Rate Summary Eve A. Boutsis Expenses Total Professional Services 160.00 1.60 hours at $100.00 /hr Total hours: 1.60 Postage Photocopies Courier charge Telefacsimile charge Legal research 160.00 4.07 13.00 33.00 52.00 0.72 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 7/9/1999 Service of process Payments 8/4/1999 Payment Ck#24423 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -039 Page: 2 50.00 Sub -total Expenses` 152.79 428.98 Sub -total Payments: 428.98 160.00 152.79 312.79 428.98 428.98 Total Due 312.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 5, 1999 Matter ID: 0022 -040 City Manager City of South Miami Forfeiture of 1987 Aerostar Van 6130 Sunset Drive Statement No. 4610 City of South Miami, FL 33143 7/28/1999 EAB Revised all pleadings per A.C. Feldman's request; telephone 1.00 conference with Aymara, obtaining second address for L. Berlanga; telephone conference with A.C. Feldman 7/29/1999 EAB Prepared letter to Judge Jon Gordon regarding request for 0.70 adversarial preliminary hearing on probable cause; telephone conference with Aymara regarding attempt at service on L. Berlanga; telephone conference with process server; obtained court reporter and translator for hearing scheduled for 7 -30 -99 Amount 30.00 20.00 100.00 150.00 40.00 40.00 230.00 30.00 100.00 70.00 7/30/1999 EAB Prepared for hearing on preliminary probable cause; revised and 3.00 300.00 amended motion; prepared order finding probable cause; prepared judge's file, copy for A.C. Feldman, and opposing; reviewed case Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours 7/19/1999 EAB Telephone conference with Assistant Chief Feldman regarding new 0.30 forfeiture action 7/20/1999 EAB Prepared notice of seizure 0.20 7/20/1999 EAB Prepared complaint for forfeiture 1.00 7/21/1999 EAB Prepared motion for preliminary probable cause finding, complaint, 1.50 and memorandum of law 7/22/1999 EAB Prepared notice of seizure to Oscar Berlanga, the brother to Luis 0.40 Berlanga, as he is listed on the vehicle's insurance and may be a possible owner of vehicle. 7/26/1999 EAB Telephone conference with Aymara, girlfriend to claimant, regarding 0.40 status of case and need to request by certified mail an adversarial preliminary hearing on probable cause 7/27/1999 EAB Completed motion for probable cause, memorandum of law in 2.30 support of probable cause, complaint; and completed research on attempted burglary, conspiracy to commit burglary, caring burglary tools, and criminal mischief 7/27/1999 EAB Telephone conference with A.C. Feldman, then Aymara, Berlanga's 0.30 girlfriend, regarding status of case, alleged dismissal of case and criminal history of Nunez, a co- conspirator 7/28/1999 EAB Revised all pleadings per A.C. Feldman's request; telephone 1.00 conference with Aymara, obtaining second address for L. Berlanga; telephone conference with A.C. Feldman 7/29/1999 EAB Prepared letter to Judge Jon Gordon regarding request for 0.70 adversarial preliminary hearing on probable cause; telephone conference with Aymara regarding attempt at service on L. Berlanga; telephone conference with process server; obtained court reporter and translator for hearing scheduled for 7 -30 -99 Amount 30.00 20.00 100.00 150.00 40.00 40.00 230.00 30.00 100.00 70.00 7/30/1999 EAB Prepared for hearing on preliminary probable cause; revised and 3.00 300.00 amended motion; prepared order finding probable cause; prepared judge's file, copy for A.C. Feldman, and opposing; reviewed case Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. law; attended hearing; includes travel time Total Professional Services Discount: Rate Summary Eve A. Boutsis 11.10 hours at $100.00 /hr 1,110.00 Total hours: 11.10 Expenses Filing fee Telefacsimile charge Photocopies Postage 7/30/1999 Service of process 7/30/1999 Service of process For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 176.00 22.00 5.25 15.24 45.00 45.00 0114IMej To be properly credited, please indicate Statement Number on your remittance check. 1,110.00 - 200.00 910.00 308.49 1,218.49 0.00 0.00 1,218.49 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 5, 1999 MatterlD: 0141 -001 Parking garage Statement No. 4536 Hours Amount 7/29/1999 LRF Telephone conferences with Charles Scurr and John Delagloria. 0.20 35.00 Rate Summary Luis R. Figueredo Expenses Payments 8/4/1999 8/4/1999 Photocopies Payment Payment Total Professional Services 0.20 hours at $175.00/hr 35.00 Total hours: 0.20 !'WU Sub -total Expenses: 4.25 Ck#24423 315.00 Ck#24423 1,332.51 Sub -total Payments: 1,647.51 35.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. w. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0141 -001 Page: 2 For Professional Services 35.00 For Disbursements Incurred 4.25 Current Balance: 39.25 Previous Balance: 1,647.51 Payments - Thank you 1,647.51 Total Due 39.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. /Y CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/399 AGENDA ITEM # FROM: Charles D. Scurr a4 te Comm. Mtg. 9/7/99 City Manager a2 Election Payment REQUEST The attached resolution authorizes the City Manager to disburse the sum of $5,894.40 as payment for services rendered by Miami -Dade County Board of Commissioners for the City of South Miami's annexation election. Disbursement from Account Number 001 - 2100 - 519 -9950 "Reserve For Re- encumbrances." BACKGROUND In 1995 the City Commission initiated boundary change procedures pursuant to Section 20 -3, Metropolitan -Dade County Code and submitted a proposal for the annexation of four areas, designated as areas A, B, C, and D. This application was considered by the Miami -Dade County Boundaries Commission, which approved the annexation of only area "B" of the proposal. An election was held by the Miami -Dade County Board of Commissioners to determine whether or not the residents of area "B" agreed to the annexation of certain lands to the City of South Miami. The fund balance for this account is: Existing Fund Balance: $10,000.00 This appropriation: 5,894.40 New Fund Balance: $ 4,105.60 RECOMMENDAT/ON.- Approval is recommended 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANNEXATION; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,894.40 AS PAYMENT FOR SERVICES RENDERED BY MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE CITY OF SOUTH MIAMI ANNEXATION ELECTION; AUTHORIZING DISBURSEMENT FROM ACCOUNT NO. 001 - 2100 -519 -9950 "RESERVE FOR RE- ENCUMBRANCES PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami by Resolution No. 62 -95 -9610 initiated boundary change procedures to Section 20 -3, Metropolitan-Dade County Code and submitted a proposal for the annexation of four areas, designated as areas A, B, C, and D.; and WHEREAS, the application was considered by the Miami -Dade County Boundaries Commission, which approved the annexation of only area "B" of the proposal; and WHEREAS, Miami -Dade County Elections department held an election on this issue whereby residents in the area of Northern Boundary; SW 72nd Street (Sunset Drive; Eastern Boundary; City Limits of the City of South Miami, Southern Boundary; SR 878 (Snapper Creek Expressway) and SW 80' Street and Western Boundary; SR 826 (Palmetto Expressway) were asked whether or not those areas should be annexed to the City of South Miami; and, WHEREAS, the Miami -Dade County Canvassing Board publicly canvass the votes cast in the election on the issue of whether or not the annexation of certain lands to the City of South Miami shall be approved; and WHEREAS, the votes cast at that election was 153 votes against and 30 votes for annexation; and WHEREAS, the Mayor and City Commission desire to compensate Miami - Dade County Board of County Commissioners for conducting this election. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Additions shown by underlining and deletions shown by everstrik-ieg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 1. That the City Manager is hereby authorized to disburse from Account No. 001- 2100 - 519 -9950 the sum of $5,894.40 to Miami -Dade Board of County Commissioners for the conduct of an annexation election. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: I METRO nDADE I METROPOLITAN DADE COUNTY INVOICE272641 NUMBER INVOICE DATE:- 3/10 '1998-- TO: FROM: *DEPARTMENT: SOUTH MIA1111 Adriiinistrative 6130 Sunset Drive MAIL CHECK WITH DIVISION: South Alffmd, F11orida 33143 COPY OF INVOICE TO: MIAN"l-DADE COUFNTY, 1-71,0,RIDA Elections Departid-tent L AT TN: Charles Scum P.O. Box 012291 City Monaaer Infiami, Florida 53101-2241 PLEASE MAKE CHECK PAYABLE TO: "BOARD OF COUNTY COMMISSIONERS". ATTIV.- John R. Clouser TRANS, CODE SUBSIDIARY # INDEX CODE PROJECT FL. .023234 .010000 Charges to SOuth Miami for Annexation (Section D) on election held Decerriber 10, 1996: Postage $ 105.28 11,41aterials 74.24 Translation 50. VO Legal Advertising (Micwd Herald) 5,245. 80 Labor: Absentee Ballot Section ($276.38) gistration Division ($142.70) Rer A&1r%,ft0=Ck1-rf%DAVe%0 Vr.1 InUW'M r[NANr-19- PINK TO ORIGINATOR METRODAOE CERTIFICATE OF DADE COUNTY CANVASSING BOARD OF THE RESULTS OF AN ANNEXATION ELECTION STATE OF FLORIDA) COUNTY OF DADE ) We, the undersigned, County Court Judge LINDA SINGER STEIN, Chairperson, County Commissioner PEDRO REBOREDO, Member, and Supervisor of Elections DAVID C. LEAHY, Member, constituting the Dade County Canvassing Board and existing and conducting official duties pursuant to the provisions of Section 2.07, Dade County Home Rule Charter, and Dade County Resolution R- 1006 -96, adopted by the Board of County Commissioners on the 17th day of September, 1996, do hereby certify that we met in the office of the Supervisor of Elections of Dade County, Florida, on the 11th day of December, 1996, at 9:30 a.m., and proceeded to publicly canvass the votes cast in the election held on the 10th day of December, 1996, on the issue of whether or not the annexation of certain lands to the City of South Miami shall be approved. It appeared to our satisfaction that the election was conducted among those qualified electors residing in the proposed annexation area pursuant to the provisions set forth in the aforementioned Dade County resolution. We do hereby certify solely, exclusively and entirely from the ballots completed and returned to the Supervisor of Elections of Dade County, Florida, in the aforesaid election, that the results of the election were as follows: ANNEXATION TO THE CITY OF SOUTH MIAMI Shall the area within the boundaries described below be annexed to the City of South Miami? Northern Boundary: SW 72nd Street (Sunset Drive) Eastern Boundary: City Limits of the City of South Miami Southern Boundary: SR 878 (Snapper Creek Expressway) and SW 80th Street Western. Boundary: SR 826 (Palmetto Expressway) YES 30 NO 153 , L DA SIN16ER gEll< Chairperson ontyCortJdge PEDRO REBOREDO, Member County Commissioner DAVID C. LEAHY, mber Supervisor of Election RESOLUTION NO. 61 -96 -9815 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE rCHE SERVICES OF A CONSULTANT, FOR AN AMOUNT NOT TO EXCEED $10,000, FOR THE PURPOSE OF ASSISTING THE CITY IN THE LAST TWO STEPS OF THE ANNEXATION PROCESS. FUNDS WILL BE PAID FROM ACCOUNT # 2100 -5510 "GENERAL CONTINGENCY." WHEREAS, in April, 1995, the City of South Miami submitted a proposal to Dade County for annexation of four areas, designated as areas A, B, C, and D, and; WHEREAS, the application was recently considered by the Boundaries Commission, the first step in the three step review process, and received approval of only area "B" of our plan; and WHEREAS, the Boundaries Commission recommendation now goes to the Planning Advisory Board for their consideration and review of the South Miami annexation application on April 10, 1996; and WHEREAS, the final step, prior to the issue being placed on a ballot for a vote by affected property owners, is the review by the County Commission for which a date has not been set; and WHEREAS, successful municipal annexation plans are usually presented by expert consultants. 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 engage the services of a consultant, for a fee not to exceed $10,000, to represent the City of South Miami during the next two review proceedings by the Planning Advisory Board, and the County Commission. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19thday of March , 1996. ATTE APPROVED: CITY CLERK MA READ YD APPROVED AS TO FORM: MAYOR CUNNINGH.AM: Yea VICE MAYOR ROBAINA: Yea CITY ATTORNEY ' COMMISSIONER PRICE: Yea COMMISSIONER BETHEL: Yea COMMISSIONER YOUNG: Yea RESOLUTION NO. 62 -95 -9610 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANNEXATION; INITIATING BOUNDARY CHANGE PROCEDURES PURSUANT TO SECTION 20 -3, METROPOLITAN -DADE COUNTY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been contacted by residents in areas adjacent to the city who have expressed an interest in annexing their communities into the city; and, WHEREAS, the City of South Miami commission directed the city . manager to evaluate the feasibility of annexing certain communities into the city; and, WHEREAS, the city manager presented the City of South Miami Annexation Information report, dated March 21, 1995 to the city commission which identified and provided a preliminary annexation feasibility evaluation of eight communities (designated.as areas A through H); and, WHEREAS, the City of South Miami commission, at its regular commission meeting on March 21, 1995, selected the communities designated as areas A through D for further evaluation and directed the city manager to give notice to all property owners within the areas, and within 600 feet of the boundaries of the areas, according to the current tax assessment role, of a public workshop on .April 13, 1995 and a public hearing on April 18, 1995 on a resolution to initiate one or more boundary changes; and, WHEREAS, a notice of hearing on a resolution to initiate one or more boundary changes was mailed to all property owners within the areas identified as areas A through D, and within 600 feet of the boundaries of the areas, according to the current tax assessment role, in accordance with Section 20 -3, Metropolitan -Dade County Code, and notice was further published in Miami Herald on April 8, 1995. WHEREAS, maps identifying the areas designated as A through D, the notice, proof of mailing the notice, and proof of publication of the notice are annexed and made a part of this resolution as composite Exhibit 1; and, WHEREAS, the City of South Miami commission conducted a public workshop on April 13, 1995 and a public hearing on April 18, 1995; and, WHEREAS, after considering all of the responses from residents of the city and from non- residents who live in the areas identified as A through D, and the reports of the city manager, the City of South Miami commission determines that it is in the best interests of its residents and the residents in the areas identified in paragraph 2 of this resolution to initiate a boundary change. .. �,r�.�.� .. :.. ..... .. ,,_ . , ,r, fi3'- T' .1 . � 1 ^'- ;7. 7- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Whereas clauses are true, correct, and they are incorporated and made a part of this resolution. Section 2. The City Commission of the City of South Miami requests the County Commission of Metropolitan -Dade County to change the city's boundaries and to annex the areas described in the maps of areas A through D into the City of South Miami, pursuant to the procedures in Section 20 -1, et seq., of the Metropolitan -Dade County Code. Section 3. The City Commission of the City of South Miami specifically requests the Clerk of the County Commission, upon receipt of the City of South Miami's request for boundary change, to place the matter on the agenda of the next ensuing regular meeting of the county commission and to notify the city manager of the date on which the matter will be considered by the county commission. Section 4. The city manager shall prepare the request for boundary change in accordance with Section 20 -3 and 20 -4 of the Metropolitan -Dade County Code and file the application with the Clerk of the County Commission forthwith. Section 5. The city manager shall be the city's administrative representative in proceedings before the county commission, the County Planning Advisory Board and in communications with the county manager and other county officials. Section 6. The City Commission of the City of South Miami requests the Metropolitan-Dade County Commission, in the event it exercises the power under Section 20 -9(a) of the Metropolitan -Dade County Code to call an election within the area proposed to be annexed, to call for separate elections in each of the areas described in the maps as area A, B, C, and D. Section 7. This resolution shall take eff t ipmediately upon approval. // // PASSED AND ADOPTED thitE- -18 (dCay of Apr, I I, Rosemar.1 J. Wascuraa,, City Clerk i and for the City of South Wnrni Florida do hereby certW 1995 READ D APPROVED Apaqbr aPll - arrect a �. copy of , -� / � �, ,,.�� ,, �'.�J s CITY ATTORNEY n 1 to the records of th Cd . of c dIex. res ou# h Miami. Given under my hand a'_;-'id to Seal of� South MU Noric. this Cy of �1 t [�� C„ / 1 19 ROm V S5 /annCf Gst, ; I, b'i �*^rt , n ...•n. ' Ak'RY+'F'.� v y?k A °YrvW- +o-*?ew °Jf'.'m 4s k lrara�e+�'kr, � . ..�w FS.�F+iW�=�?Af�r. �?3 T'�e�; _,- CITY OF SOUTH MIAMI INTER.- OFFICE MEMORANDUM T 0: Mayor and Commission DATE: September 7, 1999 FROM: Charles D. Scurr BJE CT: Agenda Item # City Manager FaA Continuation of Open Purchase Order to VJP Al Alayon Auto Air Corp. REQUEST The attached resolution seeks approval to extend an existing open purchase order for Al Alayon Auto Air Corp. ( Alayon). It is requested that the PO be increased by $4,000.00 Alayon was previously selected based on a consistent history of offering the lowest cost and reliable quality. i ._ *X"X1 114-L, Alayon has been providing high quality and reliable service to City vehicles for several years. Prior to the use of open PO's, this company consistently quoted the lowest prices for air conditioning repairs. An additional benefit from using Alayon is that the shop is located in the vicinity of the Department, resulting in significant time savings in terms of vehicle transport. ANALYSIS The current open PO is nearly depleted, requiring each air conditioning repair to be "re- bid ", thereby resulting in frequent delays. This is particularly problematic for certain functions such as police, since most officers spend a great deal of time in their vehicle during the work shift. The amount requested will be carried over to fiscal year 1999 -00. Funding for this expenditure will come from account no. 001 - 519.1760.4680 "Outside Labor — Equipment Maintenance Division ". The remaining balance in the account will be $5, 000.00. CONCLUSION AND RECOMMENDATION The service quality and low cost offered by this vendor warrants the continuation of the open PO. Approval is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND AN EXISTING OPEN PURCHASE ORDER ISSUED TO ALAYON AUTO AIR CORP. BY $4,000.00 AND CHARGING THIS FUNDING TO ACCOUNT NO. 001 - 519.1760.4680 "OUTSIDE LABOR — EQUIPMENT MAINTENANCE DIVISION ". WHEREAS, Al Alayon Auto Air Corp. has provided quality service and has consistently quoted the lowest prices for air conditioning repairs for the City's vehicular fleet, and; WHEREAS, funding for the vendor's current open purchase order is near depletion, requiring an extension of same to avoid delays in air conditioning repairs. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA that: Section 1. The City Manager is authorized to increase funding to Al Alayon Auto Air Corp.'s current open purchase order by the amount of $4,000.00. Section 2. This resolution will be effective immediately upon approval. PASSED AND ADOPTED this 7th day of September 1999. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY r, FROM: Charles D. Scurr SUBJECT: Agenda # 1 City Manager Commission Meeting 7/ //, Ideal Promotions REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution requesting an extension for Ideal Promotion. BACKGROUND The vendor Ideal Promotions was awarded an open purchase order on November V, 1998; (Resolution # 318 -98- 10586). Purchase order ( #002096), for $3,000.00 was assigned in December 1998). With the various events and programs run this past year, (i.e. Turkey Bowl, Goombay, etc.), the Parks & Recreation Department has exceeded the approved resolution by $182.00. A budget transfer from the Maintenance & Repair line item into the Special Recreation line item will cover the remaining balance. We do not want to lose this vendor as he has been the lowest bidder and continues to provide excellent service. Funds for this extension will be disbursed from account number 2000- 5670, "Special Recreation ". Available balance is $182.00 RECOMMENDATION Approval is recommended. SCURR Commission Ideal Promotion'99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 11 46 47 48 49 50 51 52 53 54 55 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 OF $182.00 TO IDEAL PROMOTIONS, FOR THE MERCHANDISE RECEIVED (T- SHIRTS), AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2000 - 572.5670, "SPECIAL RECREATION PROGRAMS ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, In December 1998, resolution # 318 -98 -10586 was passed establishing an open purchase order for Ideal Promotion of $3,000.00; and WHEREAS, Ideal Promotions has been one of our best vendors; and WHEREAS, Due to the various events and programs occurring this past year, the awarded amount stated by resolution # 318 -98- 10586, was exceeded by $182.00; and WHEREAS, An extension is being requested by the Parks & Recreation Department to continue with this vendor to provide final payment. 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 disburse the sum of $182.00 from account number 001 - 2000 - 572.5670, "Special Recreation ". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September, 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Ideal P—. iM Overage `99 MAYOR CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles Scurr role City Manager DATE: October 26, 1998 SUBJECT: Agenda # Commission Meeting November 31 1998 Open Purchase Orders to Various Vendors The attached resolution seeks the approval of Open Purchase Orders for a diverse array of vendors used by all divisions of the Parks & Recreation Department. On two previous occasions in (December, 1996 and November, 1997) the Administration recommended and received approval from Commission on Open Purchase Orders. The use of open purchase orders helps to expedite the purchasing process, which often involves delays associated with the solicitation of price quotes for each individual purchase over $200.00. These delays have an adverse impact on programming and maintenance operations across the board. Furthermore, 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. Funds equal to or greater than the amounts listed were approved and included in the Fiscal Year 98/99 budget. The vendors listed in the attached resolution have offered the most competitive prices based on the low price quote procedure applied over the past year. Aside from cost considerations, the Parks & Recreation Department has been extremely satisfied with the quality of the products /services, speed of delivery and customer service provided by these vendors. Approval of the open PO's will significantly enhance the Department's efficiency and the quality of its' service delivery. 1 recommend approval. Vendors various commission approval *38 £e'd 8b£9£99Se'c IWVIW Hinos do AlIJ wv £T:TT IaA 66— £e —das Resoltnion No. 318 -98 -10586 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA~, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON 00ODS ANDIOR SERVICES USED BY THE PARKS 8t RECREATION DEPARTMENT AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR TJZESIE GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS AS APPROPRIATED IN THE 98/99 FISCAL YEAR DUDGET. WHEREAS, as part of its centralized purchasing procedures, the City Administration has implemented on open purchase order system to facilitate acquisition of goods and/or services, and; WHEREAS, for internal control, the City Manager is recommending that the vendor- specific open purchase orders be issued for a specific amount which is not to be exceeded and which is applicable for a limited tinte period, and, WHEREAS, by means of competitive bid State contracts and/or repeatedly obtaining competitive bids over the coupe of months and in some cased years, the City Administration has determined that the venders listed tinder Section 1 below consistently offer the best prices and product quality on their respective goods and/or services. NOW THEREFORE DE IT RESOLVED BY TBE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to issue open purchase orders for the 1998- 1999 fiscal year to the following vendors in the amount indicated below for each of them_ 2. 3. 4. 5. 6. 7. 8. .a 12t 0 R NAt11F. A (iU1VT s4C f?UNT Nl'!hlBER Langer Electric Company $ 2,000.00 2000-4620 Amerilumber $ 2,500.00 2000 -4620 Florida Silica & Sand S5,000.00 2000-4620 Tera Inc. $ 2,500.00 20004620 BSN Sports $ 2,000.00 2000 -4620 Biscayne Chemical S5,000.00 2000 -4620 O'Gee Paint $ 1,000.00 2000 -4620 Ideal Promotions $ 3,000.00 (Variety of athletic activities a: special events; i.e. Tutkey Bowl, Fourth of July, etc.) Various account numbers. T- Shirt Plus $ 3,000.00 °< Page 2 of Resolution No. 318 -98 =10586 Page 2 10. All American Engraving $ 500.00 " 11. Pearls S1,000.00 12. M nolin & Pilar Martinez Inc. $ 2,500.00 2000-4420 13. Party Supermarket $ 1,000.00 (Variety of athletic activities & special events, i.e. Turkey Bowl, Fourth of fuly, etc.) Various account numbers. 14. Trophy Express & Awards $ 2,000.00 " " " " Section 2. The disbursement of funds to pay for the open purchase orders be charged to various accounts detennined to be appropriate by the Administration. Section-3., 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 3rd day of November, 1998. ATTE T: _ CIT CT FRK RrAD A PR V -es 3Q M: FORbb jj lTY ATTORNEY -, mccrwoA word- vendors '48 cow -d3%on awc)val APPROVE_ D le MA COMMISSION VOTE: Mayor Robhina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 5 -0 Yea Yea Yea Yea Yea Z0'd 8b£9£99S0£ IWHIW HinoS AO AlIO WO ZT =TT INN 66— £0—J3S CITY OF SOUTH MIAMI TO: Mayor & Commission DATE: September 7, 1999 FROM: Charles D. Scur SUBJECT: Agenda # City Manager 0� Commission Meeting Manolin & Pilar Martinez Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution requesting an extension for Manolin & Pilar Martinez Inc., transportation service for an additional $1,760.00. BACKGROUND The vendor Manolin & Pilar Martinez Inc., was awarded an open purchase order. (November 3'd, 1998, (Resolution # 318 -98- 10586). Purchase order ( #002132), for $2,500.00 was assigned in December 1998). Due to the fact that we will need the services of this bus company for the South Miami Pop Warner Football & Cheerleading Programs, it is necessary to extend the open purchase order for the latter. We do not want to lose this vendor as he has been the lowest bidder and continues to provide excellent service. Funds for this purchase order will be disbursed from account number 001-2000 - 572.4420, "Outside Service ". Available balance $4,000.00 RECOMMENDATION Approval is recommended. Manolin Scurr Commission `99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 11 43 44 45 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 OF $1,760.00 TO MANOLIN & PILAR MARTINEZ INC, FOR TRANSPORTATION SERVICE (S) AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2000 - 572.4420, "OUTSIDE SERVICES ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, In December 1998, resolution # 318 -98 -10586 was passed establishing an open purchase order for Manolin & Pilar Martinez Inc. for $2,500.00; and WHEREAS, Manolin & Pilar Marinez Inc., has been one of our best transportation vendors; and WHEREAS, An extension is being requested by the Parks & Recreation Department to continue with this vendor for the remaining fiscal year (one month). 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 disburse the sum of $1,760.00 from account number 001- 2000 - 572.4420, "Outside Services ". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September, 1999. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Manolin R. Pilar Marines Inc. F. t. %% CFTY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: October 26, 1998 FROM: Charles Scum fool SUBJECT: Agenda # City Manager Commission Meeting November 3, 1998 Open Purchase Orders to Various Vendors The attached resolution seeks the approval of Open Purchase Orders for a diverse array of vendors used by all divisions of the Parks & Recreation Department. On two previous occasions in (December, 1996 and November, 1997) the Administration recommended and received approval from Commission on Open Purchase Orders. The use of open purchase orders helps to expedite the purchasing process, which often involves delays associated with the solicitation of price quotes for each individual purchase over $248.00. These delays have an adverse impact on programming and maintenance operations across the board. Furthermore, 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. Funds equal to or greater then the amounts listed were approved and included in the Fiscal Year 9&99 budget. The vendors listed in the attached resolution have offered the most competitive prices based on the low price quote procedure applied over the past year. Aside from cost considerations, the Parks & Recreation Department has been extremely satisfied with the quality of the products/services. speed of delivery and customer service provided by these vendors. Approval of the open PO's will significantly enhance the Department's efficiency and the quality of its' service delivery. I recommend approval. Vendors grious comm ion approval 90 Resolution No. 318 -98- 10586 A RESOLUTION OF THE MAYOR AND CITY" COMMISSION OF THE CI'T'Y OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES USED BY THE PARKS &: RECREATION DEPARTMENT AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR THESE GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS AS APPROPRIATED IN THE 98199 FISCAL YEAR BUDGET, WHEREAS, as part of its centralized purchasing procedures, the City .Administration has implemented on open purchase order system to facilitate acquisition of goods and/or services, and; WHEREAS, for internal control, the City Manager is recommending that the vendor - specific open purchase orders be issued for a specific amount which is not to be exceeded and which is applicable for a limited time period, and; WHEREAS, by means of competitive bid State contracts and/or repeatedly obtaining competitive bids over the course of months and in some cased years, the City Administration has determined that the venders listed under Section 1 below consistently offer the best prices and product quality on their respective goods and/or services. NOW THEREFORE BE IT RESOLVED BY TBE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTI:I MIAMI, FLORIDA: Section 1:. The City Manager is authorized to issue open purchase orders for the 1998- 1999 fiscal year to the following vendors in the amount indicated below for each of them: 8. Ideal Promotions $ 3,000.00 (Variety of athletic activities & special events; i.e. Turkey Bowl, Fourth of July, etc.) Various account numbers. 9. T -Shirt Iglus $ 3,000.00 T 0' d Sb£9E99S0£ I WV I W Hinos do hl I o Wto Z T: T T I?!d 66- Ee -d3s VENDOR NA NF, AMOUNT ACCOUNT NUMBER 1. Langer Electric Company $ 2,000.00 2000-4620 2. Amerilumber $ 2,500.00 2000 -4620 3. Florida Silica & Sand $ 5,000.00 2000 -4620 4. Tera Inc. $ 2,500.00 2000 -4620 5. BSN Sports $ 2,000.00 2000 -4620 6. Biscayne Chemical $ 5,000.00 2000 -4620 7. O'Gee Paint $ 1,000.00 2000 -4620 8. Ideal Promotions $ 3,000.00 (Variety of athletic activities & special events; i.e. Turkey Bowl, Fourth of July, etc.) Various account numbers. 9. T -Shirt Iglus $ 3,000.00 T 0' d Sb£9E99S0£ I WV I W Hinos do hl I o Wto Z T: T T I?!d 66- Ee -d3s i Page 2 of Resolution No. 318 -98- 10586: Page 2 10. All American Engraving $ 500.00 11, Pearls S1,000.00 12. Manolin & Pilar Martinez Inc. S2,500.00 13. Party Supermarket $1,000.00 14. Trophy Express d` Awards S2,000.00 LL U ft (L 2000-4420 (Variety of athletic activities & special events; i.e. 7Wkey Bowl, Fourth of ruty, etc.) Various account numbers- C4 ;[ (s .i Section 2. The disbursement of funds to pay for the open purchase orders be charged to various accounts determined to be appropriate by the Administration. Section 3_ _ This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 3rd day of November, 1998. ATT T' C„ CiEItK READ PR jVFP,AS � FORM: 1TY" ATTORNEY APPROVE _ e , / MA ae� COMMISSION VOTE: Mayor Robbina: Vice Mayor 011 veros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: eogol 5 -0 Yea Yea Yea Yea Yea 1 CITY OF SOUTH MIAMI 2 INTER - OFFICE MEMORANDUM 3 4 5 TO: Mayor and Commission DATE: September 7, 1999 6 7 FROM: Charles D. Scurr SUBJECT: Agenda Item # 8 City Manager Commission Meeting 9/7/99 9 10 AUTHORIZATION OF THE CITY MANAGER FOR 12 a4f, ACQUISITION OF NEW 13 COMPUTER EQUIPMENT 14 FROM DELL CO. 15 16 17 18 REQUEST 19 20 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 22 THE CITY MANAGER TO DISBURSE THE SUM OF $8,261.95 23 FOR THE PURCHASE OF FOUR COMPUTERS FROM DELL CO. 24 AND CHARGING THE DISBURSEMENT TO ACCOUNT 25 NUMBER 001- 2100 -519 -6430 "GENERAL FUND NON - 26 DEPARTMENTAL OPERATING EQUIPMENT ACCOUNT." 27 28 BACKGROUND AND ANALYSIS: 29 30 Some of the current computer systems are outdated and do not meet the immediate and 31 pressing needs necessary to provide services essential to the maintenance and growth of 32 the City. The current equipment to be updated, is operating at full capacity and has 33 reached limited speed, and disk space. Due to this situation, these computers are 34 insufficient, have problems printing and functioning in general. Due to the City's growth 35 and need for improved professional services, request is being made to replace the current 36 computers with new, more powerful and advanced equipment. This will help current and 37 new personnel to provide excellence in City services, and to join other municipalities to 38 face the challenges of the New Millennium. The cost of this equipment is being charged 39 to account 001 - 2100 -519 -6430 with a current balance of $21,015.38. Said equipment will 40 be used by the offices of Management Information Systems, Human Resources, City 41 Clerk, Communications and Public Information, and City Manager. 42 43 RECOMMENDATION 44 45 Approval is recommended. 46 Page 3 of 4 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 5 THE CITY MANAGER TO DISBURSE THE SUM OF $8,261.95 6 FOR THE PURCHASE OF FOUR COMPUTERS FROM DELL CO. 7 AND CHARGING THE DISBURSEMENT TO ACCOUNT 8 NUMBER 001- 2100 -519 -6430 "GENERAL FUND NON - 9 DEPARTMENTAL OPERATING EQUIPMENT ACCOUNT ". 10 11 12 WHEREAS, the Mayor and City Commission desire to maintain and 13 improve the productivity of City personnel by having updated computers. 14 15 WHEREAS, current and new personnel have pressing computer needs and 16 the purchase of new equipment will satisfy these needs. 17 18 WHEREAS, the new computer equipment will help the City's challenges 19 with the Y2K issue. 20 21 WHEREAS, Dell Co. has furnished the most competitive government 22 pricing for the purchasing of computer equipment. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1. That the Mayor and City Commission wish to maintain and 28 improve the City's level of productivity by replacing outdated equipment with 29 faster and more efficient equipment. 30 31 Section 2. That the Mayor and City Commission realize that there are 32 pressing computer needs for current and new personnel and know the new 33 equipment will satisfy these needs. 34 35 Section 3. That the Mayor and City Commission realize that new 36 computer equipment will help meet the challenges associated with the Y2K issue. 37 38 Section 4. That the City Manager is hereby authorized to disburse the 39 sum of $ 8,043.00 to Dell Co. for the purchase of new computer equipment. 40 41 42 43 Section 5. This resolution shall take effect immediately upon approval. Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 4 1999. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 89/81/99 16:32:19 DELL COMPUTER CORP -> 385 663 6345 DELL COMPUTER CORP Page 881 C�� s 46 DATE: September 01 1999 TO: GREMAF REYES COMPANY: CITY OF SOUTH MIAMI PHONE #:(305) 663 -6339 EXT FAX #: (305) 663 -6345 FROM: NATACHA MARTIN COMPANY:DELL MARKETING L.P. PHONE #:(800) 357 -3355 EXT 48058 FAX #: (800) 677 -8414 URL: WWW.DELL.COM /STATESTORE DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 357 -3355 EXT 48058 (800) 677 -8414 SALES REP FAX -... 89181/99 16 :33:59 DELL COMPUTER CORP -> 385 663 6345 DELL COMPUTER CORP Page 882 D"L QUOTATION GREMAF REYES CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT C1'1TTrl'= MT SLUT T: T. 'A' Al AA September 01 1999 SKU # I QTY I DESCRIPTION I UNIIT I C EXTEDED 56368 1 ASSY,PPR,I /0,NBK,I3000 11725 1 Warranty Longer of 90 Days or Remainder of System Warranty/ Svc Contract. 14 Day Return. Parts may be Reconditioned. * * * * ** PLEASE CONFIRM THE ACCURACY OF YOUR * * * * ** OPERATING SYSTEM,SOFTWARE & HARDWARE * * * * ** PRIOR TO PLACING AN ORDER 159.00 159.00 SUB TOTAL 159.00 TAX .00 SHIPPING and /or HANDLING .00 OTHER .0.0 Thank you for calling Dell TOTAL $159.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide NATACHA MARTIN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 31134933 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: 3167471 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 357 -3355 EXT 48058 (800) 677 -8414 SALES REP FAX =V.c 08/26/99 18:21:13 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 881 . I I - - -4� I I FAX DATE: August 26 1999 TO: CARLOF COMPANY:CITY OF SOUTH MIAMI PHONE #:(305) 663 -6339 EXT FAX #: (305) 666 -4591 FROM: DOUGALD Mi%MWGHTON COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 45984 FAX #: (800) 433 -9527 URL: WWW.DELL.COM /STATESTORE HERE ARE THE THREE QUOTES. CALL ME IF YOU HAVE ANY QUESTIONS. THANKS! DOUGALD X45984 DELL MARKETING L.P. (800) 981 -3355 EXT 45984 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX 88/Z6/99 19:21:34 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 882 QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -1391 1 Dell Dimension XPS T450MHz 2,101.00 2,101.00 Pentium III MiniTower Base with 512K Cache 310 -0050 1 MS Intellimouse,Factory Install 310 -3180 1 Thank you for choosing Dell. Included in your order is a Dell Mouse Pad. 310 -7002 1 Dell Quiet Key,Factory Install 311 -0409 1 96MB,SDRAM Memory, Factory Install 313 -0266 1 harman /kardon HK -195 Speakers Factory Install 313 -3607 1 No modem requested for Dell Dimension 313 -4523 1 Yamaha XG 64V Wavetable Sound, Factory Install 313 -6510 1 Sony 2x/4x/24x CD -RP7 Drive, Factory Install 320 -0033 1 Dell UltraScan 1600HS, 21" Trinitron Color Monitor with 19.8" Viewable Image Size, Model #1626HT for Dimension 320 -5455 1 8MB ATI XPERT 98D 3D AGP Graphics Card,Factory Install 340 -1883 1 6.4GB Ultra ATA Hard Drive, For your convenience, we have listed your sales representative, your quote number and 'your customer number which will provide you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Business and Personal leasing provided by Hell Financial Services, an independent entity. Leasing Documentation Fee $55 Sales Representative: DOUGALD MACNAUGHTON Quote #: 30881048 Customer #: 3167471 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 45984 (800) 433 -9527 SALES REP FAX aEV.c u8/26/99 10:ZZ:11 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 883 0"L QUOTATION CARLOF August 26 1999 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE Factory Install 340 -2409 1 3.5 ",Floppy Drive,Factory Install 412 -8429 1 McAfee Virusscan 4.02,CD, English,Factory Install 420 -0300 1 Windows 98 Second Edition Factory Install 430 -1652 1 3COM 3C905C -TXM 10/100 Remote Wakeup Network Card,Factory Install 460 -8320 1 No Zip Drive Requested 460 -9052 1 Required: Generated by DELL.COM Configurator 900 -1720 1 SelectCare, Next Business Day .00 .00 On -Site Service, Initial Year, Wang 900 -1332 1 SelectCare, Next Business Day .00 .00 On -Site Service, 2 Year Extended, Wang 412 -1300 1 MS Office SBE 2000,CD with documentation,US English,OEM Package,Factory Install 412 -7365 1 MS Office Internet Explorer 5.0 For Office 2K Apps Only, US,English,Factory Install 412 -8996 1 MS Bookshelf 2000,CD & Docs., For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 30881048 Business and Personal Leasing provided by Dell Financial Services, an Independent entity. Customer #: 3167471 Leasing Documentation Fee $55 DELL MARKETING L.P. (800) 981 -3355 EXT 45984 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX =v-c 68/Z6/99 10:ZZ:47 DELL COMPUTER CDRP -> DELL COMPUTER CORP Page 684 IftL QUOTATION CARLOF August 26 1999 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 SKU # QTY DESCRIPTION UNIT EXTENDED PRICE PRICE English,Factory Install This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. * * * * ** PLEASE CONFIRM THE ACCURACY OF YOUR * * * * ** OPERATI 11G SYSTEM,SOFTWARE & HARDWARE * * * * ** PRIOR TO PLACING AN ORDER SUB TOTAL 2,101.00 TAX 00 SHIPPING and /or HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $2,101.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with faster service when you are ready to place your order. Quote #: 30881048 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: 3167471 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 45984 (800) 433 -9527 SALES REP FAX aav-c ,00/26/99 19:23:17 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 885 DltoLL QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -1391 2 Dell Dimension XPS T450MHz 1,445.00 2,890.00 Pentium III MiniTower Base with 512K Cache 310 -0050 2 MS Intellimouse,Factory Install 310 -3180 2 Thank you for choosing Dell. Included in your order is a Dell Mouse Pad. 310 -7002 2 Dell Quiet Key,Factory Install 311 -0409 2 96MB,SDRAM Memory, Factory Install 313 -0266 2 harman /kardon HK -195 Speakers Factory Install 313 -1087 2 40X Max Variable CD ROM, Factory Install 313 -3607 2 No modem requested for Dell Dimension 313 -4523 2 Yamaha XG 64V Wavetable Sound, Factory Install 320 -4501 2 17 "(16.0 viewable,.25dp) P780 Monitor,Factory Install 320 -5455 2 8MB ATI XPERT 98D 3D AGP Graphics Card,Factory Install 340 -1883 2 6.4GB Ultra ATA Hard Drive, Factory Install 340 -2409 2 3.5 ",Floppy Drive,Factory For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with taster service when you are ready to place your order. Quote #: 30880998 Prices and tax rates are subject to change. Customer # ' 3167471 Business and Personal. Leasing provided by Dell Financial Services, an independent entity. Leasing Documentation Fee $55 DELL MARKETING L.P. (800) 981 -3355 EXT 45984 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX REV.c OB /Z6/99 18:23:54 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 886 QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE Install 412 -8429 2 McAfee Virusscan 4.02,CD, English,Factory Install 420 -0300 2 Windows 98 Second Edition Factory Install 430 -1652 2 3COM 3C905C -TXM 10/100 Remote Wake-up Network Card,Factory Install 460 -8320 2 No Zip Drive Requested 460 -9052 2 Required: Generated by DELL.COM Configurator 900 -1720 2 SelectCare, Next Business Day .00 .00 On -Site Service, Initial Year, Wang 900 -1332 2 SelectCare, Next Business Day .00 .00 On -Site Service, 2 Year Extended, Wang 412 -1300 2 MS Office SBE 2000,CD with documentation,US English,OEM Package,Factory Install 412 -7365 2 MS Office Internet Explorer 5.0 For Office 2K Apps Only, US,English,Factory Install 412 -8996 2 MS Bookshelf 2000,CD & Docs, English,Factory Install For your convenience, we have listed your sales representative, your quote number and your customer number which will provide you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services, an independent entity. Leasing Documentation Fee $55 DELL MARKETING L.P. (800) 981 -3355 EXT 45984 Sales Representative: DOUGALD MACNAUGHTON Quote #: 30880998 Customer #: 3167471 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX =vc 88/Z6/99 18:24:38 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 887 r QU-OTATION CARLOF August 26 1999 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 SKU # QTY DESCRIPTION UNIT EXTENDED PRICE PRICE This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. * * * * ** PLEASE CONFIRM THE ACCURACY OF YOUR * * * * ** OPERATING SYSTEM,SOFTWARE & HARDWARE * * * * ** PRIOR TO PLACING AN ORDER SUB TOTAL 2,890.00 TAX .00 SHIPPING and /or HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $2,890.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with faster service when you are ready to place your order. Quote #: 30880998 Prices and lax rates are subject to change. CUStomer #' 3167 471 Business and Personal Leasing provided by Dell Financial Services, an Independent entity. Leming Dccurrentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 45984 (800) 433 -9527 SALES REP FAX R.-C ,88/Z6,/99 18:24:59 DELL COMPUTER CORP -> DELL COMPUTER CORP Page 000 QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -3397 1 Dell Dimension XPS T60OMHz 3,052.00 3,052.00 Pentium III MiniTower Base with MMk and 512K Cache 310 -0050 1 MS Intellimouse,Factory Install 310 -3180 1 Thank you for choosing Dell. Included in your order is a Dell Mouse Pad. 310 -7002 1 Dell Quiet Key,Factory Install 311 -6377 1 256MB,SDRAM Memory, Factory Install 313 -0266 1 harman /kardon HK -195 Speakers Factory Install 313 -0600 1 Turtle Beach Montego II A3D 320V Sound Card,Factory Install 313 -3617 1 3COM USRobotics V.90 PCI Telephony WinModem,Factory Install 313 -6511 1 Sony 2x/4x/24x CD -RW Drive, Factory Install 320 -0033 1 Dell UltraScan 1600HS, 2111 Trinitron Color Monitor with 19.8" Viewable Image Size, Model #1626HT for Dimension For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 30880725 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: 3167471 Leasing Documentatton Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 45984 (800) 433 -9527 SALES REP FAX 1Wv-C ,00/Z6199 18:25:35 DELL COMPUTER CORP -> DELL COMPUTER CORP Pd9C 009 DCOLL QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 320 -0124 1 32NB Diamond Viper V770D AGP Graphics Card, Factory Install 320 -3531 1 STB PCI TV/FM Tuner Card, Factory Install 340 -1582 1 13.6GB Ultra ATA Hard Drive, 720ORPM,Factory Install 340 -2409 1 3.5 ",Floppy Drive,Factory Install 412 -8429 1 McAfee Virusscan 4.02,CD, English,Factory Install 420 -0300 1 Windows 98 Second Edition Factory Install 430 -0591 1 No Network Card Requested, Dell Dimension 460 -8320 1 No Zip Drive Requested 460 -9052 1 Required: Generated by DELL.COM Configurator 900 -1720 1 SelectCare, Next Business Day .00 .00 On -Site Service, Initial Year, Wang 900 -1332 1 SelectCare, Next Business Day .00 .00 On -Site Service, 2 Year Extended, Wang 412 -0301 1 MS Encarta Encylopedia 99,CD & Doc,US English,Factory For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 30880725 Business and Personal Leasing provided by Dell Financial Services, an independent entdy. Customer #: 3167471 Leasing Documentadon Fee $55 DELL MARKETING L.P. (800) 981 -3355 EXT 45984 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX ssv_c @ /ZFv /99 18:26:11 DELL COMPUTER CUSP -> DELL COMPUTES CUP Page 810 QUOTATION CARLOF CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 August 26 1999 SKU # QTY DESCRIPTION UNIT EXTENDED . PRICE PRICE Install 412 -1300 1 MS Office SBE 2000,CD with documentation,US English,OEM Package,Factory Install 412 -7365 1 MS Office Internet Explorer 5.0 For Office 2K Apps Only, US,English,Factory Install 12932 -36 1 ETHERPOWER II 10 /100BASE -TX 59.95 59.95 PCI NIC SMC9432TX This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. * * * * ** PLEASE CONFIRM THE ACCURACY OF YOUR * * * * ** OPERATING SYSTEM,SOFTWARE & HARDWARE * * * * ** PRIOR TO PLACING AN ORDER SUB TOTAL 3,111.95 TAX .00 SHIPPING and /or HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $3,111.95 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide DOUGALD MACNAUGHTON you with taster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 30880725 CUStOm�r # � 3167471 Business and Personal Leasing pmvided by Dell Financial Servioes, an Independent entity. Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 45984 (800) 433 -9527 SALES REP FAX Jt1&V.c -� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 3, 1999 From: Charles D. Scurr Re: Agenda item 0 City Manager 5966 & 5970 S Dixie Hwy. Rum Bum Distributors, Inc. REQUEST A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74' STREET, SOUTH MIAMI, FLORIDA 33143. STAFF REPORT: Recommendation: This project was first presented to the Planning Board on May 25, 1999 and was recommended for approval by the Board 5 -0. The project was placed on June 8 City Commission agenda but was deferred to June 28th meeting due to the lateness of the hour and to respond to the community's desire to have additional time to study the project. At the meeting of June 28th, a number of technical and procedural issues were raised resulting in a second deferral to July 6th . At the July 6th meeting, it was decided that the project be re- noticed and reviewed by the Planning Board before final consideration by the City Commission. A legal notice was published and mailed to all property owners within 500 feet of the subject project. Felix Pardo & Associates, Inc. Architects, on behalf of property owner Rum Bum Distributors, Inc., submitted a revised letter of intent and a set of plans on July 23, 1999. The 1 project was placed on the Planning Board agenda on August 10th . The Planning Board deferred the item to its next regularly scheduled meeting of August 31St for further review and consideration. The City Commission at the August 17th meeting deferred the item pending recommendation from the Planning Board. The Planning Board at its August 31 st meeting failed to make a recommendation and agreed to send the application to the City Commission without a recommendation. The following recommendations incorporate comments made during the public meetings, community concerns expressed during this period and reflects further analysis and review of the project by the staff. Attached plans are revised based on the staff recommendations, which have been accepted by the developer. (1) Site 1: The staff recommends approval of the special exception requests on Site 1 subject to following conditions: # Setback building fagade line (excluding vertical circulation elements), at the first floor level, along S.W. 74 Street and S.W. 59 Court by 10 feet. A Provide arcades, within the property line, on both of the street frontages. 4 Provide street trees on sidewalks along 74 Street and 59 Court (2) Site 2: The staff recommends the following: A Eliminate the overhead bridge A Remove all above grade parking A Satisfy the lot coverage and open yard space requirements without any additional request for special exceptions # Allow for limited amount of retail at the first floor pursuant to the Comprehensive Plan Future Land Use Element (3) For the project as a whole: (a) The overall built up area to be limited to 58,000 square feet pursuant to the original application. The development will include a theater on Site 1, sixteen (16) residential units on Site 2, retail/ office uses on both Sites 1 and 2 and a parking structure on Site 1. The project to provide a total of 207 parking spaces; 184 spaces including 7 handicapped spaces in the parking structure, 16 surface parking plus 7 on- street parking. (b) A shared parking reduction of up to 20% of the unadjusted required parking of 251 spaces be granted to minimize the impact of the massing created by the parking requirement. The condition for such a reduction is that employee parking be accommodated either on site or off site in order to eliminate impacting the adjacent residential area. Elimination of the above grade parking levels on Site 2 without any increase to the four levels of parking on Site 1 will result in about 20% parking reduction. A 20% reduction is justifiable and it is believed will not adversely impact the surrounding Pa area because of the type of uses that are proposed for the project. The theater will generally be open only at certain times, especially when some of the retail is closed. The combination of residential and retail/ office will further help with the shared parking factor. Additionally, there are two other scenarios that can be considered for parking. If the parking incentives allowed by the code are granted to its fullest extent of 35% one full parking level can be reduced. This will reduce the massing of the parking structure to only three levels. This scenario will provide approximately 170 spaces, a reduction of 80 spaces or 32 %. A second scenario will add an additional level of parking to provide up to 238 cars, a reduction of 12 spaces or 5 %. An additional level can be added to provide 5 levels of parking without exceeding the allowable height but will increase the massing of the parking structure (c) In lieu of open sXace on Site 1 the developer is required to provide street trees along both sides of SW 74 Street from 61" Avenue to 59th Court to the extent possible and along the full frontage of the project sites. Additionally the developer is required to enhance the intersection of 74th Street and 59th Court with special pavers and landscaping to create an effect of traffic calming. (d) The flat roofs are designed with white reflective surfaces in accordance with the Cool Communities guidelines and specifications. (e) The theater is to be available for 20% of the time to the local community groups and organizations for functions and special events. Project Description: The applicant seeks a number of special exceptions for the proposed mixed -use project to be located on two parcels held under the same ownership and separated by a public right of way. The two parcels are proposed to be unified under a unity of title for the purposes of development. Both parcels are located within the Hometown District. The larger parcel, Sitel, 5966 and 5970 South Dixie Highway, is an irregular shaped parcel with an area of 31,473 sqft and is located at the north west corner of S.W.74m and S.W.59th Ct. as identified by in the attached copy of the survey. The uniqueness of this parcel is further highlighted by its configuration resulting in a street frontage of 115 feet on US and a rear street frontage of 95.5 feet on S.W. 59 Court with S.W. 74 Street running partially along the side of Sitel. The smaller parcel, Site2, has an area of 11,039 sqft and is located at the south west corner of S.W.74th Street and S.W.59th Place. The Comprehensive Plan allows for a combined maximum buildable area of 68,019 sqft. based on an allowable Floor Area Ratio (FAR) of 1.6 with a maximum of 23 residential units and a four story height limitation. Both sites are required to meet the FAR of 1.6 independently. The revised application for project as submitted has a total area of 63,301 sqft and includes a theater, sixteen (16) residential units, retail/ office spaces and related parking structures to accommodate 246 spaces with 7 on- street parking spaces. 3 It is the intent of the developer to rebuild and reopen the abandoned Sunset Theater to provide an opportunity for community groups to hold cultural events or to show art films, and to make it available to small cultural groups as their permanent home. Arcades along the US 1 frontage provide the necessary width and appropriate setting for pre- and post - performance activities. The primary retail uses of the building are located at the third and fourth floors facing South Dixie Highway. The frontage along 74th Street and 59th Court on Site 1 provides for active street level activities, such as, newsstand, coffee shop and restaurant/ bar. The residential component of the project, located completely within Site 2, provides for infill residential units. The proposed developments on the two sites are physically connected by a two level overhead vehicular bridge, which also provides access to above grade parking levels on Site 2. The overhead bridge will require a separate ordinance to initiate the conveyance of air rights of public rights of way. Approval of the overhead bridge will be subject to a negotiation of the air rights conveyance to the satisfaction of the City Commission. It will also be incumbent upon the applicant to obtain all necessary City and County approvals to construct over the public right of way. The applicant will provide appropriate street trees along the sidewalks surrounding the project. The portion of the project that contains the residential component provides a narrow landscaped area at the ground floor and a landscaped rooftop courtyard at the apartment level. Other landscaping elements such as potted planters, landscaped trellises, and wall- hugging vines are to be installed throughout the project, in order to introduce colors and soften building surfaces. The following special exceptions are requested by the developer to accommodate the allowable building area and the necessary parking: Site 1 1. Deviate from the build to lines on Southwest 74 Street; from 10 feet to 0 feet. 2. Deviate from the maximum lot coverage of 60 %, 20,000 square feet per building to 98.77 %, 39,047square feet. 3. Deviate from the maximum building depth of up to 70% plus the depth of an accessory building by permitting 100% on 59th Court. 4. Deviate from the required open yard space of 5% to approximately 0.8 %. Site 2 1. Deviate from the maximum lot coverage of 50% to 95.66 %. 2. Deviate from the required open yard of 10% to approximately 4.33 %. 3. Deviate from the use schedule to provide above grade parking The ]Land Development Code specifies that construction in the Hometown District will follow those procedures established for the district or that the City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the District provisions. The Planning Board must find by substantial, competent evidence that: C! (a) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations; (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations; (c) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city; (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting , noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services; (e) The proposed development does not expand the permitted uses within the Hometown District; (f) The proposed development will not have an unfavorable effect on the economy of the City of South Miami; (g) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. Project Analysis: Staff's analysis of the project for consistency with the above criteria is as follows: (a) The. proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. The proposed development provides a broad mix of uses and creates a rich diversity of cultural, residential, and retail /restaurant uses. It contributes to, encourages the improvements of and catalyzes other developments as envisioned by the Hometown District regulations. ° The project enhances the sense of place by placing pedestrian oriented activities, providing pedestrian related amenities such as arcades, awnings and sidewalks with street trees. Sunset Theater operated between mid 40's to mid 70's as a movie theater was the only movie theater in the City for a period of time in the 40's. Renovation of the Sunset Theater, which has a historical and emotional significance, is expected to create a community identity. The proposed development will help reduce commuter traffic demand of the area by providing a mix of uses including residential and locating uses such as news stand, coffee shop, restaurants and a live stage theater in the close proximity of the multifamily residential area. The proposed development provides the required parking spaces based on the code requirements before any of the Hometown District parking incentives is applied. Currently, it is the desire of the City Commission for each of the proposed developments to provide adequate parking for its own need while every project is reviewed individually to determine appropriateness for granting any incentive for parking reduction. The developer has the option of possibly requiring lesser number of special exceptions by 5 providing a minimum number of onsite parking (approximately a total of 40 to 50 spaces on both sites) on surface lots and contribute funds into the Hometown Parking Trust Fund. The developer has chosen not to exercise this option because the development can not be assured of an adequate supply of parking and staff believes that it will create harmful and adverse impacts on the surrounding residential areas. The parking infrastructure concept envisioned by the Hometown Plan is and remains the City's goal, however it is currently not in place to the extent needed for this development. Whether all or any or none of the parking incentives are granted, the development requires a parking structure. The dimensional requirements of a parking structure, the size and the configuration of the site make the requirements of the lot coverage, building depth and build to line unattainable. Graphic nature of the Hometown District Overlay Ordinance contemplates regularly shaped parcels and acknowledges, through designation of "Special Areas ", that special rules may apply to lots with irregular geometry. (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. The proposed development is compatible with the land use intensities, except where request is made for special exceptions and development intensities prescribed by all applicable City regulations. All the proposed uses are allowed by the code and the development is within the prescribed FAR and the height limitations of four stories/ 56 feet. (c) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city. The proposed development has received a conceptual approval of the Environmental Review and Preservation Board. The development. will have to go through additional design and landscaping reviews by the staff and the Environmental Review Board. The staff feels that the appropriateness of the scale and the architectural treatment of the bridge, which create a "landmark" effect for the Hometown District, are of extreme importance to the pedestrian character and to the architectural vocabulary and should be reviewed carefully. The overhead bridge will allow for above grade pedestrian movement while Hometown Plan emphasizes street level pedestrian movement. The overhead bridge also sets precedent for future projects. The parking component is an "un- pedestrian" but a necessary element. The essence of the Hometown Plan requires that parking structures be hidden so as not to create building facades that are void of human activities. While this requirement becomes unattainable in this particular case due to reasons discussed earlier, significant attempts have been made to camouflage the parking from public view. The parking at the street level has been wrapped with uses that create walkable streets, while the upper levels of parking have been treated architecturally to provide a non - parking garage look. (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services. r r_ ,. .. —>— i.a., a. ..�. .�F+ ........ _ ...,. �_. - .._._. � - •. .. -. ,. a .4� ._. .s �'kw .taryp�a, ,y. 35. �`*. `:e3ti The developer has completed the concurrency evaluation for traffic. The evaluation indicates that there are adequate roadway capacities to support the development. The existing right -of- way along S.W. 59 Court is currently below the minimum prescribed width. The proposed development will be required to dedicate 5 -feet along 59 Court at the time a building permit is requested. The development does not create any significant impact on the City's inventory of open space based on the permanent population generated by the development. With the additional recent acquisition of open spaces, the City currently meets the requirements for open space. The developer has obtained Sewer Capacity Certification from Miami Dade County Department of Environmental Resources Management (DERM). Solid waste generated by the development is contained within the site. All storm drainage related comments by Public Works have been forwarded to the developer, who is responsible for compliance with South Florida Building Code standards for on and off site storm drainage. Other County concurrency requirements and impact fees for items such as fire, water, schools will have to be satisfied by the developer during the permitting process. (e) The proposed development does not expand the permitted uses within the Hometown District. All the uses proposed are permitted within the Hometown District. (t) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. Due to the under utilization and the present condition of the property, the proposed development will substantially increase the tax base generated by the property. The development will improve the economic health of the City by creating infill residential units and providing opportunities for expending disposable income by introducing cultural and retail elements. (g) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The development is within the prescribed regulations for development density, height and use. The suggested mix of uses of the development will not create excessive overcrowding or undue concentration of population that is beyond what is envisioned within the Hometown District. Staff generally finds the requests for Special Exception meet the intent of the Hometown District Overlay Ordinance and the requirements set forth in the Land Development Regulations for granting such exceptions. The development: (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. The staff also finds that the requests for special exception do not conflict with the adopted Comprehensive Plan of the City of South Miami. The development furthers many of the goals of 7 the Future Land Use Element of the City's adopted comprehensive plan, including, to preserve and enhance the City's small town character, to preserve and enhance the pedestrian character by encouraging development as envisioned by the Hometown Plan and to achieve a tax base adequate to support a high level of municipal services via increased mixed use projects. Attachments: Letter of Intent dated 22July, 1999 Concurrency evaluation of Traffic/ updated September 3, 1999 Sewer Capacity Certification Minutes of May 25, August 10 and 31 1999 Planning Board meetings Copy of the Legal and Courtesy Notices Property Survey Reduced site plan, Elevations and floor plans. 01\Planning\ City Commission Rum Bum 08 07 99 Staff report.doc 8 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL 5 EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND 6 DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON 7 TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A 8 COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE 9 PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC 10 RIGHT OF WAY; PARCEL I LOCATED AT THE NORTH WEST CORNER OF S. 11 W. 59"' COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 12 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST 13 CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, 14 FLORIDA 33143. 15 16 WHEREAS, Felix Pardo & Associates, Inc. Architects, on behalf of property 17 owner, Rum Bum Distributors Inc. has submitted a letter of intent to build a mixed use 18 project within the Hometown District, and 19 20 WHEREAS, on August 10, 1999, the Planning Board after a public hearing voted 21 4 -2 to recommend deferral of the Special Exception request 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. This application is deferred at the request to afford the Planning Board 27 additional time to review the application for Special Exception. 2$ 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of '1999. 32 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 READ AND APPROVED AS TO FORM: 40 41 42 43 CITY ATTORNEY 44 45 Felix Pardo Associates, Inc. Architecture Planning Interiors 5455 S.W. 8 Street, Suite 205 Miami, Florida 33134 AA0002478 t. 22 July 1999 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Mr. John Little, Assistant Planning and Zoning Director V x Sir v JUIL 13 1999 Re: Proposed Commercial Development for Rum Bum Distributors, Inc. 5966 South Dixie Highway, South Miami, FL Project No.: 9830 Dear Mr. Little, Please accept the following amended letter of intent for the above- mentioned project. Although the ordinance is a good plan we respectfully request the following exceptions due to the fact that some of these concerns were not anticipated at the time the ordinance was adopted. The Building Configuration as depicted on the site plans on the hometown manual is only a small sampling of design possibilities and not a "paint by numbers" manual. This project requires the following special exceptions that are attributed to the implementation of the Hometown District Ordinance. 1) Open Yard Space: Parcel l provides 0.85 % Vs 5 % required. Parcel 2 provides 4.33% Vs 10% required. Because of the use of arcades in the project, landscaping can be provided at the perimeter of the building because of the uniqueness of the site being bordered by three streets. Furthermore, because of the off - street parking, we can not provide parking in a reasonable manner. Additionally, landscaping which is proposed in the public right of way does not allow for any credit toward the requirement. Finally, landscaping that is above the grade level and landscaping under any overhang does not count toward this open space. 2) Build to Line: In this particular unique site the build to line is arbitrary and therefore does not provide a consistency within this particular unique property. These build to lines are better thought out in non -vacant parcels and closer to the core of the business district. s 3) Lot Coverage: Parcel l provides 99.15 % Vs 60 % allowed. Parcel 2 provides 95.66 % Vs 50 % allowed. Again, beeduse of the uniqueness of the Parcel 1 site, the use of the arcades does not allow counting said area to unencumbered area. The off - street parking required does not allow for a smaller footprint of building. 4) Twenty thousand square feet maximum per building only for Parcel 1 Vs 31,207 sq. ft. provided: The existing ownership and uniqueness of this property exceeds this amount do to the fact of the required off-street parking footprint. The existing theatre footprint covers 1/3 of the maximum allowed already. 5) Building Depth of 70 % maximum Vs 100 % on 59 Court for Parcel 1 only: The uniqueness of the shape of the property and three streets it borders make this requirement along with the required off street parking an unreasonable burden. 6) Parking levels above grade in Parcel 2 Vs Residential Uses only: .We believe that parking is not a use by itself and that parking is required in order to meet the Ordinance requirements for storage of vehicles. It should not be considered retail, office or residential. If not, only surface parking would be allowed in residential areas. Furthermore, the majority of the parking is for the residential uses although retail and office is allowed on the ground floor. As described above, parking is a key component to this project. The Parking Trust Fund was created in order to provide a parking alternative for those projects that could not meet said requirements. But, our project is not near a completed facility to provide the needs of our project. In theory this is great but what is the parking situation today for our project? Our project is unduly penalized to make a reasonable use of the property. Furthermore, the City Commission incased an ordinance suspending the parking bonuses provision of the Ordinance. We are entitled to a 35 % bonus. This adds to the requirement problems, which in turn make many of the special exceptions required. Furthermore, although not a special exception, both parcels 1 and 2 shall be joined by a unity of title before the issuance of a building permit. We also understand that a separate approval by the City Commission for the air rights in order to build the vehicular / pedestrian bridge. This project complies with all aspects with the Hometown District Overlay Ordinance. Its integrity of design, promotes and encourages the improvement of the Hometown District and abets future Hometown District development. This project is compatible with the land uses and the permitted uses according to the Hometown Plan as well as having a favorable effect on the economy of the City of South Miami. In addition, this project complies with Concurrency as set by the Hometown District Overlay Ordinance. Please see attached letter concerning concurrency for traffic studies by Miller Consulting Inc. and attached allocation letter concerning concurrency for water and sewer by Environmental Resources Management. Furthermore, this project offers a tremendously rich diversity of uses with a cultural element not previously seen in the City of South Miami. The project is sensitive to the human scale and promotes pedestrian movement through covered arcades. It exceeds the parking requirements without the look of a parking garage. This project promotes a working, living, shopping, entertaining and cultural environment which is truly urban and in keeping with the spirit of the Hometown District. Finally, in granting these special exceptions, this project will be a catalyst for an area that is run down and void of these positive elements for the City. The historic context of the old theater will be revived and the positive financial benefits will not be limited to this development but will affect other properties in a positive manner. Once again, thank you for your cooperation and consideration of this matter. CSI cc Mr. Luis Bacardi, Rum Bum Distributors file • _Ameirconsulting, Ind. project development, engineering, traffic, economics and finance. August 30, 1999 Luis Bacardi President Rum -Bum Distributors, Inc. 5966 South Dixie Highway South Miami, Florida 33143 Re: Multi -Use Development City of South Miami Dear Mr. Bacardi: 455 Fairway Drive, Suite 103 Deerfield Beach, Florida 33441 Telephone: (954) 427 -6675 Facsimile: (954) 427 -1815 E- Mail: millerco @gate.net http:11www. miller - consulting. com MILLER CONSULTING, INc. has performed a traffic concurrency analysis for a proposed multi -use development planned to be located on SW 74' Street and generally bounded by Dixie Highway to the northwest and SW 59' Court / Place to the east in the City of South Miami. Figure 1 shows the location of the site and its relationship to the immediate transportation network. The concurrency analysis was prepared using the information contained in the City's Land Development Code, Comprehensive Plan, and Miami -Dade County concurrency management system. The following is a summary of the report's findings. INVENTORY The existing site contains the following land uses: ❑ 5,180 square -foot boat repair / sales store ❑ 4,250 square feet of retail (flower shop) The proposed site plan for this location consists of the following retail, office, and residential land uses: ❑ A small theater (7,923 square feet) with seating capacity for 150 people. ❑ An 8,832 square -foot restaurant. ❑ A 2,800 square -foot micro brewery. ❑ 20,261 square feet of retail area. ❑' 4,032 square feet of office space. ❑ Six townhomes. ❑ 10 apartments. Given the small -scale and specialty nature of the restaurant, micro brewery and theater and their inter - relationship with the remaining retail development (caf6, coffee shop, newstand) these land uses were treated as retail development as well. Even though the theater is anticipated to generate minimal trips W. Word Perfect\ProjectstPvt -sect\ Rum- Bum\Report.08.30revised.wpd "creating value for our clients with ingenuity, creativity and excellence" }... - „r lsa,+.. r, �T:._ -• , at ;', .mws .. .; w �,. ;w+,tm^� - -,� a - ;,x ,"r?i a� rs.'. N A Figure 1 Site Location Proposed commercial Building Map South Miami, Florida (according to the Institute of Transportation Engineers, a theater generates approximately 40 percent less traffic than a retail use of similar size), the theater was treated as retail space in order to assess impacts with a conservative approach. This yields a total retail development area of 39,816 square feet,. EXISTING CONDITIONS The existing transportation network located in the vicinity of theproject includes three major roadways and two minor streets. The three major roadways include US 1 (South Dixie Highway), SW 72nd Street (Sunset Drive), and SW 57'x' Avenue (Red Road). According to Miami -Dade County Concurrency Management System, there are five (5) concurrency stations in the vicinity of the project site, as illustrated in Figure 2. The available capacities on the five concurrency stations are documented in Table 1. The available capacities shown in Table 1 are based on the lowest of the capacities published by the City of South Miami and Miami -Dade County. Furthermore, these available capacities reflect existing traffic as well ds traffic associated with approved developments, as of May 1999, but not yet built and/or fully operational. T�Iil�k.1' CU1 1'F SERVIti Source: Miami -Dude County and City of South Miami Comprehensive Plan TRIP GENERATION The trip generation for the project was determined using the trip generation formulas published in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (6`h edition). The daily and PM peak hour trip generation formulas used for the proposed retail/office/residential development, as obtained from ITE, are documented below: RETAIL (ITE LAND USE 820) Q Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866 U PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403 i Reflects the available capacity consumed by the recently approved office /retail development to be located on the southeast corner of SW 731 Street and SW 57'' Court as well as the office /retail development to be constructed at 5920 South Dixie Highway. WAW-1 Pert�t\Nujats\ Pvt- uatV4m,- 9uniUkpott.08.30miocd ivpd Page 3 of 8 Ac.; C1T7 p1F SlI1iI ]IAMII#III�'f>€w#Si'r C411titkA 1<A1>lut3Pi1'iT Peak Hour Recently Actual Station Location Available Approved Available Peak No. Capacity Development' Hour Capacity 164 US 1 south of Sunset Drive 2,608 95 2,513 127 US 1 north of Sunset Drive 3,294 74 3,220 70 Sunset Drive west of US 1 126 47 79 656 Sunset Drive east of Red Road 788 27 761 634 Red Road north of Sunset Drive 1,792 152 1,640 Source: Miami -Dude County and City of South Miami Comprehensive Plan TRIP GENERATION The trip generation for the project was determined using the trip generation formulas published in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (6`h edition). The daily and PM peak hour trip generation formulas used for the proposed retail/office/residential development, as obtained from ITE, are documented below: RETAIL (ITE LAND USE 820) Q Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866 U PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403 i Reflects the available capacity consumed by the recently approved office /retail development to be located on the southeast corner of SW 731 Street and SW 57'' Court as well as the office /retail development to be constructed at 5920 South Dixie Highway. WAW-1 Pert�t\Nujats\ Pvt- uatV4m,- 9uniUkpott.08.30miocd ivpd Page 3 of 8 0 Figure 2 Concurrency Stations Proposed 0 Commercial Building South Miami, Florida OFFICE (ITE LAND USE 710) ❑ Daily Trip Generation: Ln(T) -= 6.768Ln (x) + 3.654 ❑ PM Peak Hour Trip Generation: Based on ratio between average PM peak hour rate and average daily rate, as documented in the ITE Trip Generation Manual. RESIDENTIAL - TOWNHOUSE (ITE LAND USE 230) ❑ Daily Trip Generation: Ln(T) = 0.850Ln (x) + 2.564 ❑ PM Peak Hour Trip Generation: Ln(T) = 0.827Ln (x) + 0.309 RESIDENTIAL - APARTMENT (ITE LAND USE 220) ❑ Daily Trip Generation: Average Rate = 6.63 trips / dwelling unit ❑ PM Peak Hour Trip Generation: Average Rate = 0.62 trips / dwelling unit Table 2 summarizes the trip generation for the project. As indicated in Table 2, the project is anticipated to generate approximately 4,010 daily trips and 369 PM peak hour trips. TABLE 2 TRIP GENERATION SUMMARY CITY OF SOUTH MIAMI„MUL CI -USE DEVELOPMENT Daily Trip Generation Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 3,771 113 60 66 Total 4,010 Passer -by -1,885 Internal -24 Net External 2,101 PM Peak Hour Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft. 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 342 15 6 6 Total 369 Passer -by -171 Internal -3 Net External 195 Source: Institute of Transportation Engineers (ITE) Manual (611 edition) W:\ Word Perfect\ Projects \P.a -sect\ Rum- BumUteport.08.30revised.,vpd Page 5 of 8 PASSER -BY TRAFFIC The Institute of Transportation Engineers (ITE) indicates that not all of the traffic generated by retail land uses are new trips to the area transportation network. ITE recognizes that a certain percentage of the total generated traffic is already traveling on the adjacent roadways. These trips are known as passer -by trips. The percent of passer -by traffic for retail land uses is based on the following formula published in the Trip Generation Manual (S' Edition): Ln (Pass -by) = - 0.341 Ln (x) + 5.376 Using the above equation, the percent passer -by traffic applicable to the proposed 39,816 square feet of retail space is approximately 61 percent. In order to assess impacts with a conservative approach, we have assumed that only 50 percent of the trips generated by the retail development are passer -by trips. INTERNAL CAPTURE Since the proposed project is a mixed -use development, including three primary land uses (retail, office and residential), some of the total trips generated by the development will be internal to the project. Most of the theater - related trips are anticipated to be internal trips. However, in order to be conservative, only five percent of the office and residential trips and 0.3 percent of the retail trips were assumed to be internal trips. EXTERNAL TRIPS Using the passerby and internal capture assumptions documented above, the new external daily and PM peak hour trips generated by the subject project are 2,101 and 195 respectively. TRIP DISTRIBUTION The trip distribution for the project was based on Dade County's Cardinal Distribution information for the study area. Table 3 summarizes the County's cardinal distribution data for traffic zone 915, which. is applicable to the subject project. WAWord Perfect\Projects\Pvt -sect\ Rum- BumV2eport.08.30re ised.wpd Page 6 of 8 TRAFFIC ASSIGNMENT The project traffic distribution shown in Table 3 was assigned to the existing roadway network as follows: ❑ 40% to US 1 north of Sunset Drive ❑ 15% to Red Road north of Sunset Drive ❑ 12% to Sunset Drive west of US 1 ❑ 25% to US 1 south of SW 74`' Street ❑ 8% to Sunset Drive east of Red Road The project traffic assignment outlined above was combined with the concurrency information documented in Table 1 to develop a future conditions concurrency evaluation for the subject project. The future conditions concurrency evaluation is summarized in Table 4. As indicated in the table, the transportation network located in the vicinity of the project has sufficient capacity to absorb the impacts generated by the proposed retail /office /residential development. W..\Word Perfect\Projects\Pvt -sect\ Rum- Bum\Report.08.30revised.rvpd Page 7 of 8 '- :.._,. , .r +„"+r+k`4 +- ., ^Ln,t`-'•a; Source: Miami -Dade County, City of South Miami Comprehensive Plan, and Miller Consulting, Inc. Based upon the foregoing eoncurrency analysis, it is evident that existing capacity is adequate on US 1, Sunset Drive and Red Road per standards adopted by the City of South Miami, in compliance with the requirements of Florida Statutes and the Department of Community Affairs. Please call me if you have any questions. VIY truly yours, as Consulting, Inc. f aqui Vargas, P.E. ice P ident e W:\WGfd PatntlPrs+jc.td�'.,t•.<cn\ Aug. .•B...n�ReF+. >eAN13nn„tka.w,,�l Page 8 of 8 FUTURi C'c3Pt [JRitE'tttiC'Y AL - 'ATi01!t; iT'Y+QFi�'iliA1Nt'rlIl,t>x1T Previous Peak Project New Peak Hour Station No. Location Hour Available Traffic Available Capacity Capacity 164 US 1 south of Sunset Drive 2,513 49 2,464 127 US 1 north of Sunset Drive 3,220 78 3,142 70 . Sunset Drive west of US 1 79 23 56 656 Sunset, Drive east of Red Road 761 16 745 634 Red Road north of Sunset Drive 1,640 29 1,611 Source: Miami -Dade County, City of South Miami Comprehensive Plan, and Miller Consulting, Inc. Based upon the foregoing eoncurrency analysis, it is evident that existing capacity is adequate on US 1, Sunset Drive and Red Road per standards adopted by the City of South Miami, in compliance with the requirements of Florida Statutes and the Department of Community Affairs. Please call me if you have any questions. VIY truly yours, as Consulting, Inc. f aqui Vargas, P.E. ice P ident e W:\WGfd PatntlPrs+jc.td�'.,t•.<cn\ Aug. .•B...n�ReF+. >eAN13nn„tka.w,,�l Page 8 of 8 ^aGe. 1 of 2 i�u�am��a 1111111 � u Jill MIAMI -DADE COUNTY, FLORIDA 1999052115121982 MIAMI -DA Issued Da to • 21—MAY-1999 ENVIRONMENTAL RESOURCES MANAGEMENT Expiration Date: 19 -AUG -1999 WATER AND SEWER DIVISION 33 S.W. 2nd AVENUE SUITE S00 MR FELIX PARDO MIAMI, FLORIDA 33130.IUO FELIX PARDO & ASSOCIATES, INC (305) 3n -6500 5455 SW 8 ST MIAMI, FL 33134 Fax- 305 - 445 -7006 Tel- 305 -445 -4555 RE: Sewer System Treatment and Transmission Capacity Certification Dear MR PARDO: The Dade County Department of Environmental Resources Management (DERM) has received your application for approval of a sewer service connection to serve the following project which is more specifically described in the attached project summary. Project. Name: COMMERCIAL BLDG. -RUM -BUM DISTRIBU Project Location: 5966 S DIXIE HWY SOUTH MIAMI Proposed Use: 6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL Previous Flow: 217 GPD Calculated Sewage Flow: 9766 GPD Sewer Utility: MIAMI DARE WATER & SEWER DEPARTMENT Receiving Pump Station: 30 -0177 DERM has evaluated your request in accordance with the terms and conditions set forth in Paragraph 16 C of the First Partial Consent Decree (CASE NO. 93 -1109 CIV- MORENO) between the United States of America and Metropolitan Dade County. DERM hereby certifies that adequate treatment and transmission capacity, as herein defined, is available for the above described project. Furthermore, be advised that this approval does not constitute Departmental approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Please be aware that this certification is subject to the terms and conditions set forth in the Sewer Service Connection Affidavit filed by the applicant, a copy of which is hereby attached. By copy of this certification we are advising the appropiate building official of our Department's determination. )-Age., 2 of 2 199905211512]1992 Issued Date: 21- MAY -1999 Expiration Date: 19 -AUG -1999 Sincerely, John W. Renfrow, P.E. Director Department of Environmental Resources Management B Vi to E. Arre ola, P.E. Chief, Water & Sewer Division Attachements (2) cc: Building Official (w /Attachments) Utility Official (w /Project Summary Attachment) Date: 05 -21-1999 Paste Applicant's Name: MR FELIX PARDO Applicant's Address: 5455 SW 8 ST DERM Number- 1999-0521-1512-1982 Project: COMMERCIAL BLDG.-RUM-BUM DISTRIBU 5966 S DIXIE HWY Proposed Use: 6 TOWN/10 APART/8832 SF BREWERY/2 Pump Station: 30 -0177 Allocated flows: 9766 (GPD) Projected NAPOT: 8.19 (HR) # Folio Lot Block Flow (GPD) 1 09-4036-029-0090 9766 .�irva+a� `.LS%A 1r 1LF►A 2071 )erm # 1999- 0521 - 1512 -1982 = Proc #... Polio... 09-4036-029-0090 Dean Proc No... _ applicant ;ontact Name..MR FELIX PARDO Date..... 05/21/1999 .ompany Name..FELIX PARDO & ASSOCIATES,INC 0dress ....... 5455 SW 8 ST :ity .......... MIAMI State..FL Zip..33134- �elephone Number..... 305- 445 -4555 Fax Number .... 305- 445 -7006 ?roject Background ?roj Name. - COMMERCIAL BLDG. - RUM -BUM DISTRIBU Is it a public facility (Y /N)? r kddr ....... 5966 S DIXIE HWY NNI (Y /N)..N DIC (Y /N)..r :ity ....... SOUTH MIAMI S. E. Number if any.. ;tate ...... FL Zip.. -- jtility Information Building official .... 30 Pump Station Recv..30 -0177 MIAMI DADE WATER & SEWER DEPARTMENT Lateral Connection (NEW /EXT)...EXT Sewers Abutting Prop. (YIN) ....... Y Point of Connection ' PROPERTY RIGHT OF WAY Project Details Number and Type of Units-.6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL Previous Use .............. 4339 SQFT RETAIL Constr. Schedule..assoon as possible 6 townhouse = 1500 gpd \ 4032 sf office = 403 gpd 10 apartment = 2000 gpd \theater 217 people = 651 gpd 8832 sf brewery = 4416 gpd 20261 sf retail = 1013 gpd (Prop flow 9,983 gpd) -(Prev Flow (DEAL gpd) + (Alloc Flow 217 gpd)= 9,766 gpd Prop In 9,766 gpd) + (CO gpd) = 9,766 Estimated Completion Date...12 /01/1999 Application Status .... CERT2 +-------------------------------------------------------------------------------- - This section is for issuing letters Certified Letter Issue Date .... 05/21/1999 Issued by .... TOLEDO 90 -day Expiration date ...........08/19/1999 Recert Letter Issue Date ....... / I Recert 90 -day Expiration Date.... / I +---- - - - - -• -------------------------------------------------------------------- Improvements for the following pump stations must be completed before Co /CC: Station Number Rec (R), Up (U) Signature Date or Down (D) -------------------------------------------------------------------------------- Signature..TOLEDO_O Sign Date..05/21/1999 16:20:35:24 GOLD /S <S >ewer Cert Letters GOLD /C Station <C >omments GOLD /L Plan <L >ot GOLD /K Legal Trac <k >ing GOLD /Y Station Monthl <y> In €o ESC /A Print Label GOLD /G Codes & Cate <g >ories GOLD /H Create Paragrap <h >s MOH-DARE COUNTY, FLORIDA MIAMI METRO -DADE FLAGLER BUILDMIG May 21, 1999 It Mr. Felix Pardo Felix Pardo & Associates $455 Sw 81s Street, Suite 205 Miami, FL 33134 Ref: Permanent occupancy of public property Dear Mr. Pardo: BUILDING CODE COMPL &M OFFFCF . INTRO -DADE FLA-OLER BUXWO 140 WEST FIAGLLR STRBBT, SUITE 1603 NII&M1, FLORIDA 33130 -1563 (305) 375 -2901 FAX (305) 375 -2908 PRODUCT CONTROL DIMON • (303) 37i Z9ca FAX (305) 372 -6339 VIA: TELEFAX This is in respo= to your May 21, 1999 teiefax on the above referenced issue. The South Florida Building Code (SFBC) Section 3303 PERM&NENT OCCUPANCY OF FL'BLIC PROPERTY regulates your issue. Although Substction 3303.1 GENERA-: states that "the permanent use or occupancy of public property shall bo prohibited except as provided in this section", there are exceptions with conditions, for signs; awnings; marquees; pipes and servicc equipment; architectural ornamentation and other projections; and foundations. If your condition is contemplated in any of the aforesaid exemptions, the use could be allowed under the South Florida Building Code if also compliant with otliec applicable regulations. Feel free to contact me if you have any ranher questions on this matter. Yery tasty yours, Th.,odorC Berm= - , P.E. Deputy Director C,"y Dowmentr. MM tb FaLX Pardo p90jeo60oa A'i 1-440 .. _....�... :. , __ . ,w.....t:... �..... 4% Ramroasc: htto : / /wwwbtlUdinCcodeonliIIe.cum CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, August 31, 1999 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Morton, Chair, called the meeting to order. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Morton, Mr. Lefley, Mr. Wiscombe, Mr. Cooper, Ms. Gibson B. Board members absent 1. Ms. Chimelis, Mr. Illas DRAFT C. City staff present 1. Charles Scurr (City Manager); Subrata Basu (ACM/Planning Director); John Little (Principal Planner) III. Public Hearing A. ITEM: PB -99 -007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 PB Mins 08 -31 -99 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. 1. In his opening remarks, Mr. Morton gave background information pertaining to the project, explaining that the item had been carried over from previous Board meetings and was heard at these earlier Board meetings. 2. Mr. Morton noted that several issues had been raised at the Board's last meeting held on August 10 and, as a result, the Board had approved a motion to defer the application. 3. Staff related that the Board should take these issues under further consideration at its meeting tonight. 4. Staff continued by reviewing issues that were raised at the Board meeting held on August 10. 5. Staff noted that these issues included lot coverage and footprint; the build -to -line along SW 74 Street; lack of open space; four stores vs. five levels; theater portion considered as one story; traffic issues; parking as infrastructure, as well as the amount of adjusted parking for mixed use. 6. Staff explained that the change in the model demonstrated at the meeting on August 10, including the removal of the bridge, reflected staff s recommendations. 7. Staff further explained that plans sent to the Board as part of the informational packet for the meeting tonight reflect staff s recommendations. 8. Staff noted that the developer is in agreement with staff's recommendations. 9. The Board and staff noted that the model and subsequent drawings reflect staff's recommendations and constitute an up -to -date submission. 10. In regard to concerns expressed involving traffic, Mr. Carl Peterson, of Miller Consulting, approached the dais. 11. Mr. Peterson spoke in regard to traffic concerns, including what future projects had been factored into the traffic concurrency analysis, which had been done based on the guidelines established by the Miami -Dade County and the City of South Miami Comprehensive Master Plan. 12. Mr. Peterson noted that an analysis had been performed at SW 74 Street and 61 Avenue, resulting in the determination that it deserved a Level Service A rating, even if traffic from the Rum Bum project is superimposed. 13. Staff noted that roadway improvements are being considered, including restriping and repaving along SW 74 Street and extending to SW 61 Avenue. PB Mins 08 -31 -99 F 14. Staff also advised the Board that any improvements needed for the additional traffic generated by the project will be the responsibility of the developer, who has accepted that responsibility in writing. 15. Staff also noted that the developer has agreed to dedicating an additional 5' along SW 59 Court for future widening of 59 Court, and such dedication will be recorded at the time the building permit is issued. 16. Discussion was held in regard to lot coverage. Staff outlined various issues involving lot coverage and concluded that, due to the uniqueness of the site, a lot coverage exception is needed to maintain the theater use and to provide a continuous active street level building fagade. Staff also concluded that a parking deck is essential to provide the necessary building edge along the sidewalk and still provide parking. 17. Mr. Morton provided a sketch reflecting his concerns relating to lot coverage for site 1. 18. Discussion was held in regard to the sketch that Mr. Morton provided, including consideration of lot coverage, arcades, parking, and landscaping with street trees. 19. Staff suggested the following: set building fagade back 10 feet on both SW 74 Street and SW 59 Court; provide the arcade within the property; and provide street trees on the sidewalk. 20. Staff noted that this option will not impact the parking deck, will comply with build -to -line at least on the first floor level, and will allow street trees which were not possible before. 21. Mr. Pardo noted that he would like to study and review the information at a later time. 22. The Board agreed to a brief recess to further review the sketch and its related considerations. 23. Following the brief recess, the public meeting continued. 24. Mr. Pardo accepted the modification suggested by staff. 25. Concerns were expressed as to whether or not Mr. Cooper, as the Board's newest member, would be able to vote on the application. 26. The City Attorney, via telephone /speakerphone, conveyed his opinion that, as Mr. Cooper had not been present for the developer's presentation of the project and for the public's objections to the project, he should refrain from voting on the matter. 27. The City Attorney related that, even though Mr. Cooper should refrain from voting, his presence can be counted for a quorum, with four voting members and one non - voting member. 28. Mr. Cooper responded by noting his opinion that the project more than meets the intent of the Hometown Plan and that he would have voted in favor of the project. PB Mins 08 -31 -99 29. Mr. Cooper further emphasized that the most important elements of the Hometown Plan are mixed use, street level activities, and pedestrian amenities, such as arcades, etc. 30. Ms. Gibson proffered a motion, and Mr. Morton related that the motion would read as one of approval, "...going with the staff recommendation as originally submitted, modifying it to incorporate the plans that were submitted this evening with those prior modifications, and taking it one step further that we will have supplemental, ground -level modifications to preserve the arcades, shift the arcades on SW 59 Court and 74 Street, parcel 1, and have additional landscaping, street trees, on SW 59 Court and 74 Street, as part of the final presentation that will come to the Commission, so our recommendation would be approval on those items, on those conditions." 31. Following the proffering of the motion, Mr. David. Tucker, a member of the audience, related his objections to the verbiage of the motion. 32. The motion died for lack of a second. 33. The Board offered no other motions from the floor. 34. Mr. Scurr summarized that the matter would be forwarded to the City Commission without a recommendation by Planning Board. IV. Approval of Minutes A. Minutes of August 10, 1999 1. The Board duly voted and approved the minutes for August 10, 1999. 2. Vote: Approved 4 Opposed 0 IV. Remarks A. There were none. VI. Adjournment A. There being no further business before the Board, the meeting was adjourned. B. Respectfully, Board Chair 2. Date Board Secretary Date PB Mins 08 -31 -99 4 CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, August 10, 1999 City Commission Chambers 7 :30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Morton, acting Chair, called the meeting to order at 7:38 p.m. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Wiscombe, Mr. Illas, Mr. Lefley B. City staff present 1. Earl Gallop (City Attorney, departed early); Charles Scurr (City Manager, departed early); Subrata Basu (Assistant City Manager / Planning Director); John Little (Principal Planner); David Struder (Board Secretary) III. Public Hearings A. ITEM: PB -99 -007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. PB MINS 08 -10 -99 1. Mr. Illas read the request into the record. 2. Staff presented the item to the Board, reviewing an inter - office memorandum entitled Proposed mixed use development by Rum Bum Distributors, Inc. and dated August 3, 1999. 3. Staff related that this second appearance of the application before the Planning Board, which had been heard previously on May 25, 1999, represents an attempt to balance the community's concerns, the developer's right to make a reasonable use of the property, and the city's interest in promoting responsible and mixed use development. 4. Staff summarized information involving the two parcels contained in the application, as well as the proposed rebuilding of the old Sunset Theater located on US 1, as shown on page 2 of the memorandum. 5. Staff explained the special exceptions that are requested in the application, as outlined on page 3 of the memorandum. 6. Staff continued by reviewing the criteria that must be followed regarding special exceptions and staff s analysis of such criteria, as indicated on pages 3 through 6 of the memorandum. 7. Staff closed by summarizing their recommendations concerning the project, as shown on pages 6 and 7 of the memorandum. 8. In regard to Mr. Morton's inquiry regarding whether or not the applicant has had the opportunity to ascertain staff s recommendations, staff replied affirmatively. ' 9. Staff noted that it would be proper to allow the applicant the opportunity at this time to make a presentation and respond to the Board's questions and concerns. 10. The public meeting continued. 11. Mr. Felix Pardo, architect, signed in to speak as a representative of the applicant. 12. Mr. Pardo opened by noting that the application had been before the Planning Board and had received its approval. 13. Mr. Pardo related that this second appearance before the Planning Board provided an opportunity to further explain the project and to impart how the community's concerns have been addressed. 14. Mr. Pardo explained that he wished to reserve time following the public hearing for purposes of rebuttal. 15. Mr. Pardo noted that he would explain the project from various viewpoints, including use content and massing features. PB MINS 08 -10 -99 2 i 16. Mr. Pardo explained that use content includes such uses as restaurant, coffee shop, microbrewery, and residential uses, including townhouses and apartments. 17. Mr. Pardo related that egress and ingress for the project will occur on South Dixie Highway and on SW 74 Street, with "minor" ingress and egress on SW 74 Street to and from the residential component planned on site 2. 18. Mr. Pardo explained the project on a level -by -level basis and with street -by- street elevations, including fenestration. 19. Mr. Pardo noted the color scheme intended for the project, characterizing the proposed colors as "subtle" and "pastel" in nature. 20. In further explaining the project, including massing features, Mr. Pardo invited members of the Planning Board and the public to view the model on display in the chambers. 21. Mr. Pardo continued by opining that the project has been through a "metamorphosis," and he asked that the City make a decision, tonight, regarding the project. 22. In continuing comments on the project, Mr. Pardo related that if a 20% reduction in parking is sought and approved, the applicant can accomplish a decrease in massing for site 2. 23. Mr. Pardo indicated how such a decrease in massing would look by updating the model, and he noted that site 2 would then contain apartments, with. amenities such as a swimming pool. 24. Board members asked about traffic flow to and within the project, including for US 1. 25. The public meeting continued. 26. In regard to questions raised about traffic, Mr. Carl Peterson, of Miller Consulting, approached the dais. 27. Mr. Peterson explained that a concurrency evaluation had been completed in regard to the project. 28. Mr. Peterson noted that five traffic concurrency locations had been assessed and addressed. 29. Mr. Peterson related that the evaluation concluded that there will be 195 new trips generated during the peak hour of approximately 5 -6 p.m. on a typical weekday, with the conclusion being that there is capacity to handle such additional trips. 30. Mr. Peterson further related that a localized microscopic analysis of the immediate road network had been performed. PB MINS 08 -10 -99 31. Mr. Peterson noted that the analysis concluded that during the peak hour, 50% of traffic use will occur at the driveway on South Dixie Highway and 50% of traffic use will occur on SW 74 Street. . 32. Mr. Peterson further noted that the analysis indicated that most of the local street network may expect an additional vehicle every 2 -5 minutes, while closer to the project, such as at the entrance on SW 74 Street, an additional vehicle every 1 -2 minutes may be expected. 33. As discussion continued, Mr. Pardo and staff confirmed that the modified model showing the smaller configuration for site 2 represents what the applicant is now requesting for approval. 34. The public hearing was opened. 35. Members of the public speaking in opposition to the project, as presented, included: a. Mr. George David, 7541 SW 61 AVENUE b. Mr. Walter Harris, 7100 SW 64 COURT c. Mr., Edward English, 6117 SW 44 STREET d. Ms. Eda Sagi, 7100 SW 64 COURT e. Mr„ Doug Adams, 6031 SW 76 STREET f. Ms. Shirley Huebner, 7540 SW 59 COURT g. Ms. Cathy McCann, 5820 SW 87 STREET h. Mr. Dick Ward, 8325 SW 62 COURT i. Ms. Martha Kent, (NO ADDRESS GIVEN) 36. Issues and concerns expressed by members of the public included, but were not limited to, the following: a. whether or not the City satisfied notice requirements; b. whether or not the amended application/model was properly noticed; c, whether or not the project meets the intent and spirit of the Hometown Plan; d. status of the City's parking infrastructure trust fund; e. whether or not the restrictive nature of the code was followed; f. impact on traffic and parking, including both SW 74 Street and US 1; g. future uses established at the project, including a gun store; h. whether or not fact-and competent evidence have been presented; i. whether or not a question of air rights has been adequately settled. 37. In reply, the City Attorney's comments 'included, but were not limited to, the following: a. that notice requirements have been met, as the first PB meeting was noticed, the CC meeting was noticed, and this meeting, the second PB meeting, has been noticed; b. that notice requirements having been met, the matter is properly before the PB for its recommendation; c. that while the application was amended, such modification does not negate sufficiency or completeness of the original application; PB MINS 08 -10 -99 4 m- , . d. that City staff is in a position to properly determine if the intent and spirit of the Hometown Plan have been met, particularly in regard to recommending special exceptions; e. that the question of air rights can be properly settled, as an agreement can be negotiated by the City to give air rights. 38. Other members of the public who chose to speak included: a. Mr. David Tucker, Sr., 6556 SW 78 TERRACE b. Ms Judith Gindy, 7615 SW 67 AVENUE 39. The public hearing was closed. 40. Mr. Pardo related his rebuttal remarks including, but not limited to, the following: a. that the project is well below FAR; b. that the project is not seeking more area than what is allowed; c. that the project represents more than what could simply be built without special exceptions; d. that the project represents something better than what could be built without the exceptions; e. that fact and competent evidence have been provided, such as with the traffic study; f. that applicable codes do involve interpretation and opinion; g. that diligence has been exercised in regard to following the code and providing parking; h. that exceptions, and not variances, are requested concerning the property; i. that the Mayor should have the opportunity to respond to concerns about the parking fund; j. that if site l is to be reduced, such as with site 2, the theater may have to be removed. 41. The Board held further discussion on the application including, but not limited to, the following: a. that a unity of title for both sites or parcels be filed; b. that concerns relating to the parking trust fund be addressed; c. that the City desires to retain the theater portion; d. that concerns of a possible gun store use be addressed; e. that traffic concerns citywide be addressed; f. that the moratorium, bonuses, etc., relating to parking be addressed; g. that site 1 be re- studied and re- evaluated, such as with site 2. 42. The board began to concur that deferral of the application may be advisable. 43. Staff responded that the City Attorney would be contacted regarding issues surrounding deferral of the application. 44. Motion: Mr. Lefley moved deferral of the application. Ms. Gibson seconded the motion. 45. Vote: Approved 4 Opposed 2 (Mr. Illas) (Mr. Morton) 45. Following the taking of the vote, discussion continued. PB MINS 08 -10 -99 46. Concern was expressed that the City Attorney had departed the meeting early and was not available to respond to further questions, such as those involving deferral of the application. IV. Elections of new officers A. Mr. Morton and Mr. Wiscombe were elected joint - chairperson and vice - chairperson to serve as each for a half -time period for the calendar year ending March 2000. V. Approval of minutes A. Minutes of May 25, 1999 1. The Board duly voted and approved the minutes of May 25, 1999, as presented. 2. Vote: Approved 6 Opposed 0 VI. Remarks A. There were no remarks. VII. Adjournment A. There being no further business before the Board, the meeting was adjourned at 12:40 a.m. B. Respectfully, 1. _ Board Chair Date 2. Board Secretary Date PB MINS 08 -10 -99 i 6 MINUTES REGULAR MEETING PLANNING BOARD Tuesday, May 25, 1999 City Commission Chambers 7:30 P.M. I. Call to order and Pledge of Allegiance to the Flag of the United States A. Mr. Pages, Chair, called the meeting to order. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Gibson, Mr.. Wiscombe, Mr. Illas B. Board members absent 1. Mr. Lefley, Ms. Chimelis C. City staff present 1. Subrata Basu (Assistant City Manager /Planning Director); John Little (Principal Planner) III. Public Hearings A. ITEM: PB -99 -006 Applicant: Stir Crazy Enterprises, LLC Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL" PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE C18, THE SHOPS AT SUNSET PLACE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Illas read the request into the record. PB MINS 05 -25 -99 2. Staff presented the item to the Board, noting that the request involved an application for an Asian stir -fry restaurant at The Shops at Sunset Place. - 3. Staff summarized an interoffice memorandum, dated May 17, 1999, noting that the subject restaurant, Stir Crazy Cafe, would locate where China Grill had intended to open. 4. Mr. Rick DeMarco, of Glencoe, IL and Chief Operating Officer, spoke before the Board as a representative. 5. Mr. DeMarco related details pertaining to the concept of the proposed restaurant. 6. During discussion of the application, including the former application by China Grill, calculations of parking, restaurant use at the complex, etc., the Board and staff concurred that outdoor dining should be included as part of the proposal. 7. Public hearing was opened. 8. There being no wishing to speak before or against the item, the public hearing was closed. 9. Following the close of the public hearing, the Board voted on the matter. 10. Motion: Mr. Morton moved approval of the application, inclusive of the recommendation that outdoor dining be included as part of the proposal. Mr. Wiscombe seconded the motion. 11. Vote: Approval 5 Opposed 0 B. ITEM: PB -99 -007 Applicant: Rum Bum Distributors Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN STREETS" AND 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE SR "SPECIALTY RETAIL" ZONING DISTRICT, SPECIFICALLY ON S. W. 59 PLACE, S. W. 74 STREET AND S. W. 59 COURT, SOUTH MIAMI, FLORIDA 33143: 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, noting that the request involves an application for a mixed -use project, including a residential component, in the vicinity of US 1 and SW 74 Street. 3. Staff summarized an interoffice memorandum, dated May 21, 1999, noting that the subject project has been reviewed for such items as sufficiency of parking and favorable uses for the area, including a residential portion at SW 59 Place and 74 Street. PB MINS 05 -25 -99 4. Staff emphasized the City's sensitivity to existing residential uses located nearby and noted the intention to render the project a positive impact upon the neighborhood. 5. Staff noted that the project meets certain code criteria, including that for FAR regulations and for height limitations, and that concurrency reports had been received. 6. Staff read into the record a letter from Ms. Shirley Huebner, a resident of 7540 SW 59 Court, relating her opposition to the project, including granting exceptions to Hometown regulations. 7. The Board and staff discussed various items regarding the project, including Hometown regulations, particularly in regard to the possibility of constructing a parking deck. 8. Mr.. Felix Pardo, architect, spoke before the Board as a representative 9. In his presentation, Mr. Pardo related various items regarding the project, including: a. that uniquely configurated parcels are involved; b. that rebuilding of the existing theater is planned; c. that there is no overage regarding FAR; d. that there is no request for any relief in parking; e. that a mix of uses is planned; f. that the intended mix of uses includes the theater, a restaurant, retail, offices, etc.; g. that residential uses are included as part of the mix; h. that the residential component will consist of townhouses and apartments; i. that the residential uses make it possible for people to live at the project; j that along with residential uses, storefront uses are intended; k. that both residential and storefront uses promote an active streetscape; 1. that arcades are proposed for pedestrians, as well as aesthetics; m. that commercial activity will be situated closer to US 1; n. that the residential uses will be situated closer to existing residential uses; o. that fenestration will be provided on the parking structure portion; p. that parked vehicles are well hidden from public view; q. that a trolley stop is proposed in front of the newstand area. 10. The Board's responses included the suggestion to place landscaping at the exterior elevations along the north and northeast sides of the project. 11. The Board held discussion on whether residential units will be for sale or rent and if proposed uses are permitted uses within the Hometown District 12. The Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. b. Mr. Tucker spoke of being diligent and keeping an open mind as the project moves forward. PB MINS 05 -25 -99 c. Mr. Tucker asked that the residential uses remain intact as currently proposed and that the project be a place of security and tranquility for both residents and visitors. d. Ms. Susan Redding, of 7930 SW 58 Court, spoke before the Board. e. Ms. Redding related that a primary concern was the proposal to have retail on an upper level. f. Ms. Redding noted that she applauds the rebuilding of the theater to use for cultural activities g. Mr Pardo returned to the podium to speak before the Board, relating his responses to comments voiced by the two citizens who had just spoken. 13. The public hearing was closed. 14. Following the close of the public hearing, discussion continued. 15. The Board noted that the workability and manueverability of the parking portion be finalized. I6. The Board held discussion in response to Shirley Huebner's concerns related in her letter. a. In regard to the project resulting in an overbuilt site, the Board noted that it is important to understand that US 1, a major thoroughfare, calls for density, both structurally and economically. b. The Board also noted that the proposed residential units will complement the neighborhood and not detract from the area, which is aesthetically not the most appealing. 17. The Board and staff continued their discussions involving Ms. Huebner's letter. a. The Board related that, in the vicinity of the Villa Fontana Apartments (Ms. Huebner's complex) and in the area of the proposal, an urban area exists as the Sunset Drive and US 1 corridor, as well as office buildings and other apartment complexes, are all located nearby. 18. The Board and staff noted that concerns do involve traffic and noise, which the City fully realizes and is addressing, such as with concurrency reports. 19. Staff noted that the Hometown Plan involves theory, and as such, acts as a guide for planning purposes. 20. Staff also noted that the special exception process was developed as a safeguard mechanism, with the understanding that there may need to be modifications as projects come to the City. 21. Motion: Mr. Illas moved approval of the application, as presented. Mr. Wiscombe seconded the motion. 22. Vote: Approval 5 Opposed 0 PB MINS 05 -25 -99 i 4 MIAMI DAILY BUSINESS REVIEW PutNlshed Dairy OXCW Saturday, Sunday and Legal Holidays mian i, Dade County. FWida. STATE OF FLORIDA COUNTY OF DADE: Before the underslaned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices, of the Miami Daily 9usln4e9 Review Uk/a Miami Review, a daily ( published iSuDD� and Legal Holiday$) newspaper, County. Florida; that the attached copy of advertisement. CITY OFdSOUTHoMIAMIhe ro PUBLIC HEARING — 8/17/99 A RESOLUTION RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTIONS 20 -7-St ETC. Inthe.,.......................... xxx .................. ..................... Court, g wile queltshed iQ aatd rfawePeper In the issues of Affiant further says that the said Miami Dally auslnes,6 Review Is a newspaper published at Miami in said Dade County, Florida, and that the said nawspaper has heretofore been continuously published In said Dade County, Florida. each day (except Saturday, Sunday and L"ell holWsys) and has bean entered as second class mail matter at the Poet office In Miami in said Dade County. Florida, for a period of one year nett preceding the first publication of the anschad copy of advertisement; and afnant further says that she has neither paid nor promised any a or corporation an d , rebate, comma rerun for the purpose of A Cu g this adverts t public on In the $std news 6 S�tihd subacrlbed before me tttb ........day of .................................. I. ....................... I A.D.19...... y „y., r 'CiTY. ,OF .M MIAYi �t1�t,IC.1IEARlNG NOTICE l5 HEREBY plven ihtil the City Canmission 91 the City of South Mitiftil, F da wUt OvAut2 a.puN1iC.Heaft during its ray , Tu/sday. �giljg 17. 1299. beginning at city o P rti`nnthe C'�” ,;g�„ CFt,myeR, s> 3o s3,r+aa1 t7rwe.; to ON OF,THE OR AND CItY COMMISSION A AESOLUTI OF THE COY OF $OUt`H MU1Mi; FIORIDk RELATING TO A REOUEST FOR. SP9CIAL EXCEPTIONS OF SECTION$ 2D-7.e THROUGH SECT& • 20 7.13 OF. THE LAND DE -. YELOPMENT COLE FORA MIXED -USE DEVELOPMENT- PFbPOSED ON TWO PARCELS LOCATIE131N THE HOME -: TOWN DISTRICT HELD UNDER A ORMMON OWNERSHIP, pRoviOtme FOR UNITY OF TTJ1S FOR THE,PURPOSES OF DEYELOpLoff OF THE PARCELS SEPARATEd BY A PUStJC RIGHT OF WAY; PARCEL i IS LOCATED AT THE. NORTH WEST OF S.W. WTH COt1.RT AND S-W 74TH ,STREET AND EXTENDING TO 5M-6>17Q ;ZiT ' DIXIE HIGHWAY ,AND; PARCEL 2: V=TED AT THE SOUTH WEST CORNER OF ti9TH KALE AND S.W. 74TH STREET, SPtJTH MiMfAi, FLCNIIDA 33143 : Division � title .item tfltottid Abe ¢iacxidF ro t?>o . p�i!'O Ali lntamsted parties an invited io at" WW ww ba he$Ind, forests Tevior, CW o South Miami . Pursuant to Florida Statutes 286.0105. the City hereby advitie: the puNic. that N a persori de0dn to APPev wY decision made by thi! &lard, Agency or Commisww whh reaped to any railer oonsidered St its !Heating or hearing. he or she will. r►Aad a rpoord Of the grooved--, Ines; and that for such purpow,, affected person May rued l0 t!rttitirq -- that a verbellm record of the txoosadirtga Is rriftde v�itich- reoo►d,�',; dudes the testimony ,and evi60M. ,upon whit s' th$ dppeal !t: io be based. 9434NA75M 10 Id SVE9£9990S I W" I W Hlrl08 d0 Ai I -o tdd Ste: Z f I2td 66— £0 —d3S �ptiY PGA!' (SEAL) CHERYL H MARMest Tt C� coAa mom ULWER Ihtalms v. Ferbeyra Personally knowCC543344 MV COWS6loft EVKS OFF APR. 112.2000 10 Id SVE9£9990S I W" I W Hlrl08 d0 Ai I -o tdd Ste: Z f I2td 66— £0 —d3S MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie WIIliams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/s Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - 8/10/99 ITEM: PB -99 -007 In the .......... ...... XXXXX ..................... Court„ wqs_ pyblla V In sjldnjTpaper in the Issues of Affient further says that the said Miami Dally Business Review is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one ye It preceding the first publication of the attached copy rtlsement; and affiant further says that she has nelth p nor promised any person, firm or corporation any so nt, rebate, commission or refund for the purpose of s u ng this a rtlsement for publication In the said no r. 3 0 Swgm to and subscribed before me tlA �Jl Y yy ...... day of ......................... A.D. 19...... -- ............ . (SEAL) p OFFICIAL NOTARY SEAL Bookie tAlllllams personally �V- m L It CHERYL H MARMIER ( n coMm"ON NIMSER g, CC545394 17 MY ComMSSION EX14RES FOF PLO APR. 12,2000 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, August 10, 1999, 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 -99-007 Applicant: RUM BUM DISTRIBUTORS Request: A RESOLUTION OF THE MAYOR & CITY COM- MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'A REQUEST FOR SPECIAL EX- CEPTIONS FROM SECTIONS 20 -7.8 THROUGH 20- 7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE HOMETOWN, DIS- TRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 IS LOCATED AT THE NORTH WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST CORNER OF 59TH PLACE AND S.W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143. 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 rec- j ommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting infor- mation 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 de- cision 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 pro- ceedings 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. 7/30 99- 3- 073035M AUG T?YV ical X. Jts'*P'd - 31999 y ' ' a.s P 1x t . & F; Cc --- -a..+� vva iiVilIUi11 1 \VllVj'i CITY OF SOUTH MIAMI Planning and Zoning Department On Tuesday; August 16, 1999, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public Commission Chambers at the above address on the following: Hearing in the A request for Special Exceptions from applicable Sections 2 -7.8 through 20 -7.13 of the Land Development Code for a mixed use development" in the Hometown District. The mixed -use development is located on two parcels tinder common ownership, providing for a unity a of title for the purposes of development of the-two sites public- right =of way and is seeking special exception to deviate from requirements of lot coverage and 20,0001 sgft of building footprint, open yard space, building depth, build to line and parking at above grade levels. The parcel l is. located at the north west comer of S.W. 50th Court and S.W. 74th Street and extending to 5966 -5970 South Dixie Highway and parcel 2 located at the southwest corner of S.W. 59th Place and SM -74th Street, South Miami, Florida 33143. For more information regarding this application or any matter, please call (305) 6653 -6326. I 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 (ES. 286.0105) hearing number when making any inquiry. ssisn3a- �"�afi ".,T, ,. ,� -�—� .,. ,nay^— �wau�t^n�.:�..;. : •�+ . ,. a. , i � "�'rs�?' , � - aRakf��. m!µ ".,= �'�S�"n...Y".�i+�R, mt-�.,.•; FROM : CEASE Law Office -; }. 'T'his InstAlment Prepared By MiCIIAE-I. S. ChASE, ESQ. 2900 N. W. 7th Street Miami, Florida 33125 PHONE N0. : OFF RFC. 182320160 Folio No's. Q9 --4I36 -029 -0090 • 09 -403b- 029 -0100 .09- 4036- 029 -0120; 09- 4036 -030- 20• ' 0 , 09.-403b- 030 -00 Apr. 30 1999 04:18PM P' 9:38401452 1998 AU6 14 DOCSTPOEE 12►000.00 SdRTX qr HARVEY RUVIN, CLERK DOE COUNT This Warranty Deed, Made the day of 19 2A, by MATRIX PAWNS, INC., a Florida corporation existing Linder the laws of Florida, and having its principal Place of business at: 300 Costanera Road, Coral Gables, Florida 33143, hereinafter called Grantor, to RUM BUM DISTRIBUTORS, INC., a Florida corporation existin . under the c laws of Florida, whose Lost office address is P.O. Box 339, coconut Grove gFI 33133 , hereinafter called the Grantee: orida 0 henCv*r used herein the tern) "grantor" and --grantee- include all the parties to this instrwncn, . and heirs. Iagai representatives and assigns of individuals, and the succe.ssi�r, snd sssignS Of corponitions) Witnesseth, That the Grantors, for an in consideration of the sum of .S 10.00 and other valuable considerations, receipt whereof is he' acknowledged, hereby grants, bargains sells aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Miami -Dade County:, State of Florida, Ariz: ' SEE ATTACI -TED LEGAL DESCRIPTION MARKED EXHIBIT `'A" Conditions, restrictions, easements, assessments anti limitations of record, and to 1998 taxes and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. g g To Have and to Hold, the same in fee simple fc)rever. And the Grantor Hereby covenant with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantors have good right and laNvU authority to sell and conve said land, and hereby warrant the title to said land and will defend the same a, y claims of all persons whomsoever; and that said Iand is free of all encumbrances, lawful accruing subsequent to December 31, 19',q-/. pt taxes In Witness Whereof, the Grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized day and year first above written. ,the i FROM CEASE Law Otrices �k PHONE NO. : oa'f: 18232M16Z I : Apr. 30 1999 04:19PM P4 Lots f a5md 10 and the 3xat 10 feat of the south 45.55 fast of Lot S, Slook �, AMMZD-KAT OF Tn SOLOVOPF SMD1' BZON, according to the ' Plat: thereof as rseordsd is plat Book 7 at Page li of the Public Records of Dade co=ty, Floridaf and All of Toot 6 sAd that portion of Lot a, dsscribad as follows t BeginaitsQ at the Southwesterly cornier of Lot 6; thence South 30.34 fact; thanaa Lst 64.96 feat; thence Korth 30.34 feetr tisanes Worthwestarly sl.S test, thaeaca Sauthvestorly So feat to the original Point o: saginning, all lying is Bloak 2, of the AtimmzD PLAT OF SOLOVOPT St1 MISIO , as recorded in plat book 7 at Page 11 of the Public ateo_ds of Dads Cot:aty, Florida; and All of 2.ots 2 and 3, AXWCA X TOWNSX= COHpAb"y SOBDIVISIO:i, as recorded in Plat look 3 at Page 134 of the Public Records of Dads county, Florida. All of Lot 51 Bieck 31 BOSAVOPP' S 8UBM"M102T, as racordad in Plat Book 7 tat Page lit and the B.W. 15 feet of Lot 4 (which is the strip 1S feat .ids and 110 feet long adjeiaing Lot S), of said Block 2; and all of Lot E, slack 3, exaept the Z&st 20 feat tb^raot, and except the following descrlbatd Dorticat saginaing at the SIP corasr of Lot i$ thence run Easterly along the south line, 64.96 feats tha4es Northwesterly parallel to the Nast lice of Lot i, 30.34 fast$ thsaca Northwesterly an a production of the 2s0rth4astsrly 1lae of Soot 6, a distaaaa of 41.30 feat to the dividiva line Datweaa Lots 2 and S; thea04, along the dividing line betw"CL Lots a sad 61 Sauthwestarly $0 'feet to the Northwssterly Corner of Lot 11 thecae 84uth4r1y 30.34 lest to the Point of B00i=ing all located in SOLOVOPF'S S=D2V3:SION, according to the Amended Plat tharaof as recorded in Plat nook 7 at page 11 of this public Racorda of Ards Comity, Florida. ACCORWD my CIFPrC:44 KECZWU:i ucvr; ?Wa4DECOUVTY. t(0,140A. RECORD VERIFiEO HARVEY RUVIN Ct.FK.e CQrtjf r• COuAr FR011 . CEASE Law Of f i ces PHO14E 1.40. f-ior_ 7n 1949 lad: I APIA P7 • w 1 • 'r ATTI: S HILDA ACARDI, SEC. Signed, sealed and deli er d in the presence of: Witness Signature rrinteal iName: STATE OF FI_ORMA) COUNTY OF h IAMI -DAnE) 016, V4.Vz1 U4 f 6 i MATRix PAWS, INC. Z� BY: HILDA ACARDI, PRE Srb ';�.. 300 C.ostanPra 17.t � r;,,h�_._ • � Post Office Address CL I•�" iii crs.il�t I Hereby Certify that on this day, before nee, an officer duly authorized to administer oaths and take acknowledgments, personally appeared president and Secretary of MATRIX PAWS, INC., a Florida corporation, known to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, and an oath was not taken. Said person provided the following type of identification: �, Lice. 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' ;� to ,4 •. ..,,'.•'.i^ R 9 r� i =o o � QZA o= cl c o a � cn LO Q W a a a s � r € \ RRR [opp- 81-�] Ri111 sy� r. v n It ny lip ItAll z z a � m k$ Ky d� e d y 01 'y G+ by 4 s 10 \ O � I r T I MCI -0 ® D { S.W. 59th PLACE L'� 4 41. N Tn M as D fir O � S.W. 59th GOURT Z bi c�- ® I PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO t ASSOCIATES, Inc. f i D RUM —BUM DISTRIBUTORS INC. AMW rt -AMWA i INTMOPO = 5966 SOUTH DIXIE HIGHWAY 5455 Sall. 8th STREET, SUITE 205 - MIAMI, FLORIDA 33134 PHONE: (305) 666 -3435 Pawns: (305) 445 -4555 Fax: (33055) 445 -1006 AA 0002418 \ \Wilfredo \felix -w \19989830 \1999 OWGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:19:58 1999 KLC -------------- - - - - -- -------- - - - - -- - - - - -- -- --- - - - - -- ti --------- __- - - - - -- \\�\ o ° D I I PROPOSED COMMERCIAL BUILDING FOR: MLIX PARDO 4 ASSOCIATES, Ina RUM —BUM DISTRIBUTORS INC. AWo-MECTURE / PL"NiS / MTERIORS 5966 SOUTH DIXIE HIGHWAY 3439 6111 ath 871QEeT, eu17E 105 MIAMI, FLORIDA 33134 PHONE: (305) 666 -3435 Phono. (305) 449 -4655 Fax: (303) 446 -1006 AA 0001415 I )U m 0 -- - - - - -- S.W. - 59th' - -COURT ------------------ r ° D I I PROPOSED COMMERCIAL BUILDING FOR: MLIX PARDO 4 ASSOCIATES, Ina RUM —BUM DISTRIBUTORS INC. AWo-MECTURE / PL"NiS / MTERIORS 5966 SOUTH DIXIE HIGHWAY 3439 6111 ath 871QEeT, eu17E 105 MIAMI, FLORIDA 33134 PHONE: (305) 666 -3435 Phono. (305) 449 -4655 Fax: (303) 446 -1006 AA 0001415 ; r, r,, ;.+�.. �� .. .- r a� - ��.�i *�P'3sNd �,aa..aTr r. .,. -.Pwep �- ,��������.��.:, ., .,, - _ _ ��•.,u , r -� � \\ Wilfredo \felix -w \1998 \9B30 \1999 DWGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:20:37 1999 KLC 8 �I ------------ - - - ---- - - - -- -59th COURT --------------- - -. — -- - - - - -- (3O5) 445 -4555 Fax. l3m5) 445 -1r�6 AA O® @24'19 Q PROPOSED COMMERCIAL BUILDING FOR: MLIX PARDO t ASSOCIATES, Inc. D 1 �a RUM —BUM DISTRIBUTORS INC. ,a�t�Cn� i PLAWnM i n�Rtom GJ 5966 SOUTH H DIXIE HIGHWAY 5455 S.W. 9th STREET, SUITE 205 - MIAMI, r- LoRIDA. 39134 PHONE: 305 666 -3435 Phone- Q PROPOSED COMMERCIAL BUILDING FOR: MLIX PARDO t ASSOCIATES, Inc. D 1 �a RUM —BUM DISTRIBUTORS INC. ,a�t�Cn� i PLAWnM i n�Rtom GJ 5966 SOUTH H DIXIE HIGHWAY 5455 S.W. 9th STREET, SUITE 205 - MIAMI, r- LoRIDA. 39134 PHONE: 305 666 -3435 Phone- \\ Wilfredo \felix -w \1998 \9830 \1999 DWGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:20:59 1999 KLC ° PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO t ASSOCIATES, Inc. � RUM —BUM DISTRIBUTORS INC. AwW4aPMCTUFZe i PL."Ws HTMol" 5966 SOUTH DIXIE HIGHWAY = 8455 6111 bth STREET, SUITE 495 - MIAMI, FLORICA. 35134 PHONE: (305) 666 -3435 M sm, (30b) m 445 -4555 Fox, !8951 445 -10ft AA CM410 \\ Wilfredo \felix -w \1998 \9830 \1999 DWGS \rev \PLANNING BOARD REV \FLOOR PLAN.dwg Wed Aug 25 12:21:29 1999 KLC PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO 4 ASSOCIATES, Inc. $ RUM —BUM DISTRIBUTORS INC. aRO cM / PLANISIM / HMMo fr i 5966 SOUTH DIXIE HIGHWAY '4 PHONE: 305) 666 -3435 " em °�' emeat. Wilt 205 ' MIAMI, �raa 99194 _ ; F+Wmot (905) 445 -4555 Fax: (305) 445 -90" AA 00M416 ° Di PROPOSED COMMERCIAL BUILDING FOR: PELIX PAFeoo t A.ssociATES, Ina RUM g a —BUM DISTRIBUTORS INC. ,� tu 4I1V t M / PAW, f HtMOM 5966 SOUTH DIXIE HIGHWAY PHONE: (305) 666 -3435 b4b° ew. °th STREET, SUITE 2" - MIAMI, FLORIDA 33134 s Phone: (305) 445 -4555 Fax. f305J 445 -10" AA 0001418 ° D V J S ° PEI —F TTi m z El s 4 v EJ ® rr� m El 4 ❑ ❑ m ® 0 r E3 El ID Ea 0 a 141 o ° D V i ° PROPOSED. COMMERCIAL BUILDING FOR: FELIX PARDO 4 ASSOCIATES, Inc. RUM —BUM DISTRIBUTORS INC. ,afWWrMCMJFW i PLr MMG / KMFU I* . 5966 SOUTH DIXIE HIGHWAY 64$5 6UL 6th STWIEr, eUIM 205 - MIAMI, M- ORIPA. 38134 PHONE: (305) 666 -3435 ftom, 1305) -44b -4555 Fox, (506) 445 -106 AA COM418 � t E: \FELIX -K \1998 \9830 \1999 -dwgs \BOARD REVISONS \elevations2.dwg Wed Aug 25 13:59:58 1999 KLC r_ r z. t. m ❑ ❑ z m ❑ ❑ ❑ 0 ED ❑ as Fl a o _. ®a ❑� E3 LE:]] L� I ED ® ❑ ❑ ® z ❑ ❑ El m ❑ ❑ ® 4 m ❑ El EDEJEll E0 r- ® ❑ ❑ EO r 9 ® ® ❑ ❑ H O K ° PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO 4 ASSOWATES, Ina, s RUM —BUM DISTRIBUTORS INC. AFtCW rEcmm i Pt.arvM i trtTPERIORS OD 5966 SOUTH DIXIE HIGHWAY 541515 9LJ. 9th 91REEt, SURE 7015 - MIAMI, FLORIDA. 33134 PHONE: 305 666 -3435 Fhonart (3015) 445 -415bb Fax, (30b) 4415-1006 AA 0002418 . __. ... _I-- nrurnnun�_1_.._L._....n a..,, 1.1—A A.— '1G 40- rn-Or, 4f)(In VI r, yr ❑ ❑ O E rn , 4 ❑ ❑ t-- < ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ -744 y - EEDIH--N rn rn z° PROPOSED COMMERCIAL BUILDING FOR: FELIX PARDO 4 A,%OV lr=6, Inc. � I El RUM —BUM DISTRIBUTORS INC. �aiTIECIUM i t�,arre�tM i NMMO e 5966 SOUTH DIXIE HIGHWAY 5455 S.W. 8th STREET, SUITE 205 - MIAMI, FLORIDA. 33134 SHONE: (305) 666 -3435 (305) V9 cm I 445 -4555 Fax: (305) 445 -1005 AA 0004418 PROPOSED COMMERCIAL BUILDING FOR: POLIX PARDO 4 AGGOC1r "116, Me. D 1 ! v RUM —BUM DISTRIBUTORS INC. AVAMMICrAW i PLAMM WMMOM 4 5966 SOUTH DIXIE HIGHWAY e466 DA. au, 6TMJW, GUITK tme . MI4JMI, ia.ORIMA. 3SI34 PHONE: 305) 665 -6599 � � "Of - (MM) 448_46BS tix_ (305) 446 -1"6 AA 60WAV C� O z n 0 N N N m n 0 d C1 (A N (P m 0 z m (1 0 N N N (1 4 (1 A �z (I 7-: " T27- T - F PROPOSED COMMERCIAL BUILDING FOR: D - PILix PaRDO 4 aeBOCia"6, Inc RUM —BUM DISTRIBUTORS INC. Altowr oaf / PLAININN i INItre10ft Z 5966 SOUTH DIXIE HIGHWAY 8486 ew. esn erwsr, SUITE sme - MIAMI, 101.04=k 33LU PHONE: (305) 665 -6599 phm.: l3me) 446_46ee 14x: lame) 44-1006 AA 00=418 � � � I RESOLUTION NO. 2 — 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL 5 EXCEPTIONS OF FROM SECTIONS 20 -7.38 THROUGH AND SECTION 20 -7.4 -0 6 13��n— �T�WP P T—SZ11 AcA �J IBA A—�13 "REGULATING PLAN" OF 7 THE LAND DEVELOPMENT CODE FOR A MIXED USE DEVELOPMENT, 8 PROPOSED ON TWO PARCELS BUILDING LOCATED IN THE HOMETOWN 9 DISTRICT HELD UNDER A COMMON OWNERSHIP, PROVIDING FOR A 10 UNITY OF TITLE FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS 11 SEPARATED BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE 12 NORTH WEST CORNER OF 59TH COURT AND SW 74TH STREET AND 13 EXTENDING TO AND SPECIFICALLY T T V n T 5966 AND —5970 SOUTH DIXIE 14 HIGHWAY AND ON PARCEL 2 LOCATED AT THE CORNER OF SOUTH 15 WEST CORNER OF- 74H— TEri °. p� TAE• SW 59TH PLACE 16 AND SW 74TH STREET SOUTH MIAMI, FLORIDA_ 33143. 17 18 19 20 21 WHEREAS, Felix Pardo & Associates, Inc. Architects, on 22 behalf of property owner, Rum Bum Distributors Inc. has 23 submitted a revised letter of intent to build a 63,301 57,425 24 sqft. mixed use project within the Hometown District, and 25 26 WHEREAS, the project includes two separate parcels, one 27 specifically located at 5966 and 5970 South Dixie Highway(Site 28 1) and the other parcel (Site 2) located at the south west 29 corner of S. W. 74th Street and 59th Place, and 30 31 WHEREAS, the applicant is seeking a Special Exception to 32 vary from the built to lines, let coverage, building 33 depth --- acrd- -- open — yarn .ement in the regulating plan, 34 pursuant to Sections 20-7.48 through 0 7.10 and- 20-7.13 of 35 the South Miami Land Development Code, and 36 37 WHEREAS, staff recommends approval with conditions of the 38 application for a Special Exception based upon (a) the merits 39 of the application (b) consistency and complying with the spirit 40 and the intent of the Hometown Plan and (c) consistency with 41 the City's adopted Comprehensive Plan; and, 42 43 WHEREAS, staff recommendation dated September 3, 1999 is 44 made part of this resolution; and 45 46 WHEREAS, on August 31 May 25, 1999, the Planning Board 47 failed to make a recommendation and agreed to send the 48 application to the City Commission without a recommendation; 49 voted 5-0 to-- reaemmend approval of the Special Emeep i en 1u/ 50 and, 51 52 WHEREAS, the Mayor and City Commission of the City of 53 South Miami desire to accept the recommendation of the 54 Planning Beard. Staff. 55 56 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 57 OF THE CITY OF SOUTH MIAMI, FLORIDA: 58 59 Section 1. For Site(parcel)1: That the following special 60 exceptions are granted with conditions: 61 1 Deviate from the build to lines on Southwest 74 Street• 62 from 10 feet to 0 feet. 63 2.Deviate from the maximum lot coverage of 60%, 20,000 64 square feet per buildingt to 98.77°x, 39, 047sguare feet. 65 3.Deviate from the maximum building depth of up to 70% plus 66 the depth of an accessory building by permitting 100% on 59th 67 Court. 68 4.Deviate from the required open yard space of 5a to 69 approximately 0.8°x. 70 A Speeial Emeeption to deviate up to 10 feet from the 71 , to deviate 72 frem a--m mot eeverage of 60, d a maxim m o€ --20, 000 73 sqf t — per building en Site 1 and a maximum lot oeverage of BOW 20 000 building Si e 2 } aTk�— a— �it��- A , ���� p�� - �^.z —o r��- cA c^r 75 eembined let eoverage of 92.2% and a total building feetprint 76 of 39,202 -- Sgf-t-- (veetiens 20- 7.9, 20-7.10 any 20-7.13); 77 deviate from - a building depth of -70% -plus 30 feet of 78 ° en Site !; to deviate frem. 79 open yard of—S %F to none en Site 1; is granted. 80 81 Section 2. That the conditions for Site(parcel) 1 are as 82 follows: 83 1.Setback building facade line (excluding vertical circulation 84 elements), at the first floor level, along S.W. 74 Street 85 and S.W. 59 Court by 10 feet. 86 2. Provide arcades, within the property line, on both of the 87 street frontages. 88 3. Provide street trees on sidewalks along 74 Street and 59 89 Court 90 91 Section 3. Site(parcel) 2: That no special exceptions are 92 granted; that the overhead bridge is eliminated and a limited 93 amount of retail is allowed at the first floor pursuant to the 94 Comprehensive Plan Future Land Use Element. 95 96 Section 4. That the following conditions are met for the 97 proiect as a whole 98 i 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 (a) The overall built up area to be limited to 58,000 square feet. The development will include a theater on Site 1 sixteen (16) residential units on Site 2, retail/ office uses on both Sites 1 and 2 and a parking structure on Site 1. The project to provide a total of 207 parking spaces; 184 spaces including 7 handicapped spaces in the parking, structure, 16 surface parking plus 7 on- street parking. (b) A shared parking reduction of up to 2096 of the unadjusted required parking of 251 spaces be granted. (c) In lieu of open space on Site 1 the developer is required to provide street trees along both sides of SW 74th Street from 61St Avenue to 59th Court to the extent possible and along the full frontage of the project sites. Additionally the developer is required to enhance the intersection of 74th Street and 59th Court with special pavers and landscaping to create an effect of traffic calming. (d) The flat roofs are designed with white reflective surfaces in accordance with the Cool Communities guidelines and specifications. (e) The theater is to be available for 2096 of the time to the local. community groups and organizations for functions and special events. Section 5. The Staff report dated September 3, 1999 is hereby made a part of this resolution. Section 6 -2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 1999. APPROVED: MAYOR I b 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL 5 EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN 6 STREETS" AND SECTION 20 -7.13 "REGULATING PLAN" OF THE LAND 7 DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE 8 HOMETOWN DISTRICT AND SPECIFICALLY AT 5966 AND 5970 SOUTH 9 DIXIE HIGHWAY AND ON A PARCEL AT THE CORNER OF SOUTH 10 WEST CORNER OF S.W. 74TH STREET AND 59TH. PLACE. 11 12 13 14 15 WHEREAS, Felix Pardo & Associates, Inc. Architects, on 16 behalf of property owner, Rum Bum Distributors Inc. has 17 submitted a letter of intent to build a 57,425 sqft. mixed 18 use project within the Hometown District, and 19 20 WHEREAS, the project includes two separate parcels, 21 one specifically located at 5966 and 5970 South Dixie 22 Highway(Site 1) and the other parcel (Site 2) located at 23 the south west corner of S. W. 74th Street and 59th Place, 24 and 25 26 WHEREAS, the applicant is seeking a Special Exception 27 to vary from the built to lines, maximum lot coverage, 28 building depth and open yard requirement in the regulating 29 plan, pursuant to Sections 20 -7.9, 20 -7.10 and 20 -7.13 of 30 the South Miami Land Development Code, and 31 32 WHEREAS, staff recommends approval of the application 33 for a Special Exception based upon (a) the merits of the 34 application (b) consistency and complying with the spirit and 35 the intent of the Hometown Plan and (c) consistency with the 36 City's adopted Comprehensive Plan; and, 37 38 WHEREAS, on May 25, 1999, the Planning Board voted 5:0 39 to recommend approval of the Special Exception request; 40 and, 41 42 WHEREAS, the Mayor and City Commission of the City of 43 South Miami desire to accept the recommendation of the 44 Planning Board. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 47, COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ►�1 Section 1. A Special Exception to deviate up to 10 feet from the build to line along 74 Street (Section 20- 7.13); to deviate from a maximum lot coverage of 60% and a maximum of 20,000 sqft. per building on Site 1 and a maximum lot coverage of 50W and a maximum of 20,000 sqft per building on Site 2 to a combined lot coverage of 92.2k and a total building footprint of 39,202 sqft (Sections 20- 7.9, 20 -7.10 and 20- 7.13); to deviate from a maximum building depth of 70% plus 30 feet of "outbuilding" to a maximum of 100k on Site 1; to deviate from open yard of 5% to none on Site 1, is granted. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1999. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CI:Y ATTORNEY MAYOR 1 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/399 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/7/99 City Manager Endorsing Non - Violence Project Format The attached resolution sponsored by Commissioner Horace G. Feliu endorses the Non - Violence Project Format in school, the workplace and community. Background The Non - Violence Project has a mission to use knowledge as the best weapon against violence. The project exists to significantly change attitudes toward violence among youth. The representatives strives to teach alternatives to violent behavior, and to motivate and engage you people in positive action to make their communities safer and healthier. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NON - 5 VIOLENCE; ENDORSING THE NON - VIOLENCE PROJECT FORMAT 6 IN SCHOOL, THE WORKPLACE AND COMMUNITY; PROVIDING 7 AN EFFECTIVE DATE. 8 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida 11 recognize the importance of encouraging non - violence in our schools, workplace and 12 community; and 13 14 WHEREAS, as the last Dr. Martin Luther King, Jr. once said "It is not the 15 violence of a few that scares me, it's the silence of many and 16 17 WHEREAS, gun related incidents have become an increasing epidemic in the 18 United States, where over 270,000 guns are carried to school everyday; and 19 20 WHEREAS, the Non - Violence Project, founded in Stockholm, Sweden in 1993 is 21 an international youth -based organization working to change attitudes about violence. 22 Here in the United States, the Non- Violence Project was piloted in Miami in October 23 1996; and 24 25 WHEREAS, the Non- Violence Project has a mission to use knowledge as the best 26 weapon against violence; and 27 28 WHEREAS, the Mayor and City Commission desire to support the mission of the 29 Non - violence Project and utilize this format to indoctrinate the community against 30 violence, educate our school children about the alternatives to violent behavior, and to 31 motivate and engage young people in positive action. 32 33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 35 36 Section 1. The Mayor and City Commission hereby endorses and encourage the 37 practice of Non - violence in schools, workplace and community. 38 39 Section 2. That the City Clerk is hereby directed to provide a copy of this 40 resolution to the Non - Violence Project Executive Director, Diane Landsber; the Miami - 41 Dade County Commission; state representatives and all Miami -Dade County 42 municipalities. Additions shown by underlinins and deletions shown by eversti*ing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 , 1999. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Page 2 of 2 AUG -20 -1999 09:31 COMMISSIONER SANCHEZ non - violence project 305 250 5386 P.03 4-a t..3 d/'7 Lo TM %_ 2 T M 0 00mbr� CO cc .cc p c� 300 Biscayne Blvd. Way, Suite 919 Miami. Florida 33131 o vy CP a CO�E Ln d" O Q In" C .0 0 M IL �- c d 0 tai a W t $ t V r`` N en �` - [°� gl a aii Wiz" o a 113 ��c � _ py c c- c v d1 "m v E©. '45 c IL � 3 �, gia a � c -64.1 5 :' a m �, o C: 1 ri 'e a nee w� .,.- �_,;.+�wmum . i"z— 'lire# ..... •. i�IIrI:1�1"'. -,F� ``...• .. ,r' -- ��- "F�'>'^ °f". 'r �q+nF:r�e,%;TIi9�P of t'— �Ff �,. � tiy.. F?,!91*� w.;. HUG -20 -1999 09:29 COMMISSIONER SAN( LLI O w fj O W m w ` %- C Q �" �LL r 'Jti O O> 3 .0 C N E o ai °' o. o o 10�im a �Ea v7 °. y R m t x a 9) E' ""r c > cn t;Z)-7 . v EL m L [� N eo d w O a 0 Q cc m L lic o IL E p CW w = O 2A 0 = o - es � O � m m a � E � C? t _w � = p m y �CLS0 4. m m 3 N < °Ra►om 4aA «. �� RAE �r E m'v + �� C" m9'C "'CJa mZ s oS'oE � 'u,a� ' > cE`m'E Ctx�� �°+eCpwn c E2 �a�.4 way ai 0 C) +' CL C > M (D CD 75 Q T3 Q) 0 t� - ca.0 0 C C N 0 o 4-01 :Z 0 C C �N 'E O co m • a) CD w Z N 0 >1 ct r- 0 m Z3 C N C 0 t� 41 a U cis 0 0 CL a. 0 CL CD 0 N cz Q) � C � cc -c H 0 0 'HEZ 305 250 5386 P.02 C C 7 M! C 4d Cat w Q CL 0 ow.Y a s �, �� a E C E m o L m t4 L G > O E CL W CL 'c 3 Z^ m m m E so c"°' m ca oX c Q. 4; o.� m cp JS 40 cC m m Q t c 'i O Q1 O C Q m m od D � 'p m E� E¢ a .a r �3 t 5 1. v, °c-' m ,� m ` M E C 1 m N Q O' = C Q O O i- `mCE c�'EcE�y'"�voea E cb � 0 p ° � _� VJ s O � L cr Q M O C � � tp CL N O N ar o O, r•+ m CL O7 L C CLM0) ¢ m '> ix Q. W } 'd Z W C Vl C dP c py C C C o a Q6— N C sm L arm. m m c N E E !9 � O. N m � rn� ,a. .., � :g^'�::#�ar�rrcw^ ,.,.,�,�r-^-ZZ- n� °1m. .. �.�-�.*..-'-r. —„ �r'�i�a�.f. �F�. *s�#:3`Frr.wc ., m:,. �a.,� .�:��s, E•ti-r . „.. ., - � „_ � „- - ,,., .,i i C U O C sC—C ,� ,h fl� C 4) � d y � Q1 G 'p cp R6 O N uj N �O O -0 7 H f T � �U3 �a�E D ay 6 p 1N Q � � a C 'O �cn a in U_• o(ca ' 7 N O S � •� C � N .co.a > .� 7 0 N� 0) Q � c t ~ Q� aiin IQ N� J 07 CL Q CCp M tp O O a� M U a1 C ,a. .., � :g^'�::#�ar�rrcw^ ,.,.,�,�r-^-ZZ- n� °1m. .. �.�-�.*..-'-r. —„ �r'�i�a�.f. �F�. *s�#:3`Frr.wc ., m:,. �a.,� .�:��s, E•ti-r . „.. ., - � „_ � „- - ,,., .,i CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/3/99 AGENDA ITEM #-jM FROM: Charles D. Scurr Comm. Mtg. 917/99 City Manager The attached resolution sponsored by Mayor Robaina encourages the United States Congress to endorse the Central and Southern Florida project Comprehensive Review Study (Restudy) . BACKGROUND The future of Florida's sustainability is dependent upon an adequate supply of water for urban, agricultural and natural system demands, appropriate flood control measures to ensure the continued viability of existing development areas and restoration and protection of natural resources necessary to maintenance healthy biological communities. The United States Army Corps of Engineers in conjunction with the South Florida Water Management District has collaborated in the development of the Central and Southern Florida Comprehensive Review Study [Restudy) to provide adequate water for the natural system while enhancing future water needs for urban and agriculture, continuing to provide flood control and to correct infrastructure to reverse previous environmental consequences and restore environmental systems to viability. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 THE ENDORSEMENT AND CONGRESSIONAL 6 AUTHORIZATION OF THE CENTRAL AND SOUTHERN 7 FLORIDA PROJECT COMPREHENSIVE REVIEW STUDY 8 (RESTUDY); PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Florida Everglades is an environmentally unique global 11 asset; and 12 13 WHEREAS, the future of Florida's sustainability is dependent upon an 14 adequate supply of water for urban, agricultural and natural system demands, 15 appropriate flood control measures to ensure the continued viability of existing 16 developed areas and restoration and protection of natural resources necessary to 17 maintain healthy biological communities; and 18 19 WHEREAS, the Central and Southern Florida Project, begun in 1948 and 20 completed in 1969, succeeded in its original intended purpose of providing flood 21 control; and 22 23 WHEREAS, the Central and Southern Project has resulted in unintended 24 environmental consequences, which have been compounded by the rapid 25 urbanization of Florida; and 26 27 WHEREAS, restoration of degraded natural systems such as wetlands, 28 lakes, rivers, and estuaries benefit all residents and visitors to Florida and sustains 29 economic vitality; and 30 31 WHEREAS, the United States Army Corps of Engineers in conjunction 32 with the South Florida Water Management District has collaborated in the 33 development of the Central and Southern Florida Comprehensive Review Study 34 (Restudy) to provide adequate water for the natural system while enhancing future 35 water needs for urban and agriculture, continuing to provide flood control and to 36 correct infrastructure to reverse previous environmental consequences and restore 37 environmental systems to viability; and 38 39 WHEREAS, the Congress of the United States has been presented the 40 Restudy for formal consideration, authorization and appropriation. 41 Additions shown by underlining and deletions shown by evertr -iking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the Mayor and City Commission desire to support this endeavor. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The Mayor and City Commission encourages the United States Congress to endorse the Restudy and commit to work cooperatively to further the Restudy through authorization, appropriation and implementation. Section 2. The City Clerk is hereby directed to send copies of this executed document to the Energy & Water Subcommittee of the Congressional Appropriations Committee. 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 a 3 day of 11999. Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: MARSHAL L. WILCOX Commissioner, District 1 DENNIS H. ARMSTRONG Commissioner, District 2 JANET K: GETTIG Commissioner, District 3 ELMIRA R. GAINEY Commissioner, District 4 DONNA SUTTER MELZER Commissioner, District 5 RUSS BLACKBURN County Administrator GARY OLDEHOFF County-Attorney TELEPHONE 561 - 288 -5400 'i WEB ADDRESS http://www.martin.fl.us MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD • STUART, FLORIDA 34996 August 31, 1999 The Honorable Julio Robaina City of South Miami 6130 Sunset Dr. South Miami, FL 33143 Re: Resolution of Support for the Restudy Dear Mayor Robaina: Telephone: 561- 221 -2357 Fax: 561 - 288 -5432 File: chr991.124.aw On behalf of the Martin County Board of County Commissioners, your Board's participation is requested in an issue of critical importance to Florida's future. In July, the Central and Southern Florida Comprehensive Review Study (Restudy) was presented to Congress, beginning the process of authorization, appropriation and implementation. The Restudy addresses the problems created earlier in the century when flood control and drainage structures were constructed affecting water systems from the Kissimmee River south to Florida Bay, especially `affecting the Everglades. Many areas in this region have also been impacted as a result these projects. Eco- systems have been degraded and the viability of many lakes, rivers and estuaries are in severe jeopardy. The Restudy provides a "replumbing" of Florida water systems, with the goal of restoring these natural systems while providing sustainability for the State to meet future needs. The projects identified in the Restudy will require billions of dollars and over twenty years of work to complete. It is imperative that a united Florida Congressional Delegation works to see the Restudy implemented. This Commission, 'by a unanimous vote, is requesting that your Board consider adopting a Resolution of support for the Restudy (a sample is enclosed) and forward that Resolution to your representative in Congress, Senators Connie Mack and Bob Graham and the members of the House Appropriation Subcommittee on Energy and Water where discussion regarding the Restudy will begin early next year (see attachment). Your participation as the Restudy weaves its way through various important congressional committees is imperative to the eventual success of revitalizing Florida's waters. The Martin County Board of County Commissioners appreciates your kind consideration of this request. We would also appreciate receiving a copy of any action taken by your Board regarding this matter. Sincerely Janet K. Gettig Chair JKG:dsg Attachments: Resolution 99 -8.7 House Appropriation Subcommittee on Energy and Water Before the Board of County Commissioners of Martin County, Florida RESOLUTION 99 -8.7 A RESOLUTION PERTAINING TO THE ENDORSEMENT AND CONGRESSIONAL AUTHORIZATION OF THE CENTRAL AND SOUTHERN FLORIDA PROJECT COMPREHENSIVE REVIEW STUDY (RESTUDY) Whereas, the Florida Everglades is an environmentally unique global asset; and Whereas, the future of Florida's sustainability is dependent upon an adequate supply of water for urban, agricultural and natural system demands, appropriate flood control measures to ensure the continued viability of existing developed areas and restoration and protection of natural resources necessary to maintain healthy biological communities; and Whereas, the Central and Southern Florida Project, begun in 1948 and completed in 1969, succeeded in its originally intended purpose of providing flood control; and Whereas, the Central and Southern Project has resulted in unintended environmental consequences, which have been compounded by the rapid urbanization of Florida; and Whereas, restoration of degraded natural systems such as wetlands, lakes, rivers, and estuaries benefits all residents and visitors to Florida and sustains economic vitality; and Whereas, the United States Army Corps of Engineers in conjunction with the South Florida Water Management District have collaborated in the development of the Central and Southern Florida Comprehensive Review Study (Restudy) to provide adequate water for the natural system while enhancing future water needs for urban and agriculture, continuing to provide flood control and to correct infrastructure to reverse previous environmental consequences and restore environmental systems to viability; and Whereas, the Congress of the United States has been presented the Restudy for formal consideration, authorization and appropriation. Now, therefore, be it resolved by a unanimous action of the Board of County Commissioners of Martin County, Florida, that the Congress of the United States is encouraged to endorse the Restudy and commit to work cooperatively to further the Restudy through authorization, appropriation and implementation. Duly adopted this 10th Day of August, 1999 ATTEST: MARS4A STILLER CLERA OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS MA70UNTY, FL O JANF# K GETTIG, CHAW APPROVED AS TO FORM AND CORRECTNESS: G Y OLDEHOFF, Y ATTORNEY Energy & Water Subcommittee of the Congressional Appropriations Committee The Honorable Ron Packard, Chairman Energy & Water Subcommittee 2372 Rayburn House Office Building Washington, D.C.20515 202 - 225 -3906 202 - 225- 0134 /fax The Honorable Harold Rogers 5th Dist. of Kentucky Energy & Water Subcommittee 2470 Rayburn House Office Building Washington, D.C.20515 202 - 225 -4601 202 - 225- 0940 /fax The Honorable Joe Knollenberg 11th Dist. of Michigan Energy & Water Subcommittee 2349 Rayburn House Office Building Washington, D.C. 20515 202 - 225 -5802 202 - 226 -1256 /fax The Honorable Michael Forbes 1st Dist. of New York Energy & Water Subcommittee 125 Cannon House Office Building Washington, D.C. 20515 202 - 225 -3826 202 -225 -3143 /fax The Honorable Rodney Frelinghuysen 11th Dist. of New Jersey Energy & Water Subcommittee 228 Cannon House Office Building Washington, D.C. 20515 202 - 225 -5034 202 - 225- 3186 /fax The Honorable Sonny Callahan 1 st Dist. of Alabama Energy & Water Subcommittee 2466 Rayburn House Office Building Washington, D.C. 20515 202 - 225 -4931 202 - 225- 0562 /fax The Honorable Tom Latham 5th Dist. of Iowa Energy & Water Subcommittee 324 Cannon House Office Building Washington, D.C. 20515 202 - 225 -5476 202 - 225- 3301 /fax The Honorable Peter J. Visclosky 1 st Dist. of Indiana Energy & Water Subcommittee 2313 Rayburn House Office Building Washington, D.C. 20515 202 - 225 -2461 202 - 225- 2493/fax The Honorable Chet Edwards 11 th Dist. of Texas Energy & Water Subcommittee 2459 Rayburn House Office Building Washington, D.C. 20515 202 - 225 -6105 202 - 225- 0350 /fax The Honorable Ed Pastor 2nd Dist. of Arizona Energy & Water Subcommittee 2465 Rayburn House Office Building Washington, D.C. 20515 202 - 225 -4065 202- 225- 1655 /fax The Honorable James E. Clyburn 6th Dist. of .Soudh Carol.-Ill - Energy & Water Subcommittee 319 Cannon House Office Building Washington, D.C. 20515 202 - 225 -3315 202 - 225- 2313 /fax CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager Earl Gallop City Attorney REQUEST Date: September 7, 1999 Agenda Item # 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 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 73' 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING THE GROUND LEASE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND SPG PHASE ONE, LTD., FOR A MIXED USE /JOINT DEVELOPMENT PARKING GARAGE ON THE MUNICIPAL PARKING LOT BOUNDED BY SW 73" 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 AN EFFECTIVE DATE. WHEREAS, the City of South Miami issued a Request for Proposals for the design, construction, leasing and management of the mixed -use development parking garage for the municipal parking lot located at SW 73rd Street and SW 58th Avenue in June 1997; and WHEREAS, the City accepted the proposal by SPG Phase One, Ltd., for negotiating purposes in September 1997; and WHEREAS, the terms and conditions of the Lease Agreement, with certain exceptions, have been finalized; 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 and SPG Phase One Limited is approved; Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, 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. Additions shown by underlining and deletions shown by ever-striking. Section 4. This ordinance shall take effect immediately upon the approval. PASSED AND ADOPTED this _ day of '1999. I:11�I1143I CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1St Reading — 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever-striking. 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`d 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. Additions shown by underlining and deletions shown by over s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED this _ day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 1999. lu • ' 1St Reading — 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ^°°king. .raj, � . �.'�n— T --,-F' ,m :..,;. �r,.m ... .. ... ..... R.;!,'Mi� .. .. ., ,... ... �,. -.. ,�,... ^ ^. .� .-. Zas�,,t �£I'.fl�°�'fi._F+'yf'- '�C'✓,.i�.v n <Tlk ";�£ ., MEMORANDUM TO: Charles Scurr, City Manager FROM: Luis Figuere 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. 58t11 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 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. 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 73rd 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Mayor Robaina: Yea RESOLUTION NO. 53 -99 -10677 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAPITAL 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. 3/5 Moved by Mayor Robaina, seconded by Commissioners Feliu and Bethel to approve this item, with the City Clerk assigning the next available number. Attorney Gallop related that administration was bringing forward the Commission's approval a memorandum that embodies a framework for preparation and lease agreement between the City of South Miami and SPG Phase One. He conveyed that the City had excellent professional negotiating team representing the City of South Miami. He acknowledged members of the City's negotiating team as Luis Figueredo, Diana Gongalez and Mitch Fregan who provided excellent financial analysis. He related that Manager Scurr has -also been a very important member of the team providing experience with his past experience with large transactions. He identified members of the proposal's team present in the audience as Al Elias, Babe Elias, Jeffrey Watkins and Ralph Perez. Attorney Gallop opined that all parties have reached an agreement in principal. He said there are a number of issues the Commission may want to rnn.i ricer fttrthcr Attorney Gallop stated that the objectives of the negotiating team were to first of all bring forward the RFP that was responded to by the Elias group and was accepted by the City Commission for a parking structure that would provide additional parking, provide a mixed use and provide for the construction, the management and operation of a parking structure. In doing this the City determined that it is not going to finance a parking structure. This is a fiscal conservative City, which had land available, and more parking was needed. The City had to find someone to work with it to accept a good deal of the risk to make an investment in the future for parking and to move forward with it. It is estimated by acquiring the original air rights that the parking revenues for the City on this particular agreement will increase 20 -25% over what it would be without these air rights. REGULAR CITY COMMISSION 1 2 MINUTES - March 2, 1999 fr- 1 Attorney Gallop made it very clear as to the agreement and 2 said that administration was not in a position to bind the City 3 to anything. Administration can only bring to the Commission a 4 recommendation on the major terms of the agreement and to forward 5 and incorporate those into a contract. What is being presented 6 to the Commission is an agreement in which SPG will design, 7 construct and manage a 370 parking space facility that has 8 approximately 20 thousand feet of retail space. The developer 9 will pay the City a guaranteed lease payment of $44,000.00 per 10 year plus some additional money. In addition to that SPG will 11 pay to the City 5% of the gross revenue of the building. Not 12 only with SPG build the building they will convey title to the 13 City. This is different than what was in their original 14 proposal. Part of the risk that SPG will bear from this is that 15 the property is exempt from Ad Valorem taxation. The City will 16 receive 50% of what would have been Ad Valorem tax payments. SPG 17 will receive 500 of the Ad Valorem tax payments. Additionally 18 the term of lease agreement would be for thirty (30) years. The 19 original proposal called for a lease of fifty (50) years. 20 21 Attorney Gallop pointed out that the City has an option 22 after year 28 to extend the lease for another 20 years or to pay 23 the present value of the property as well as the revenue that 24 would have been received over the next 20 years. He said the 25 City then has the option to consider what is in the City's best 26 interest. He said there is no environmental liability. There is 27 no obligation to indemnify. The developers assured administration 28 that based upon the original proposal to the City and based upon 29 the discrepancy in the survey that they were entitled to damages 30 because they had to redesign the building. Based upon these 31 negotiations the developer is willing to and will give up any 32 claim they have to the damages. He said this agreement is 33 consistent with the City's Charter and minimizes the risk to the 34 City. It also provides for SPG to beautify the building to make 35 it look more attractive on the outside. 36 37 Attorney Gallop said the financial aspect of this project is 38 based on a 30 -year average. He related that the first 18 years 39 the project would be very thin on producing profit income. The 40 City will receive an average of $44,000.00 annually, plus $112,00 41 per year as 5% of the gross revenue. 42 43 Attorney Gallop advised the Commission members of some 44 issues he thought they should consider; 1) whether or not this 45 lease contains escalators; 2) a provision that the Charter Review 46 Commission extend the 30 year lease limitation to 50 years; 3) 47 direct administration to work with the developer in identifying 48 the level of security that would be provided for that facility; 49 4) increasing the height of the structure; 5) requiring the 50 developer to do a traffic study to see how the system in that REGULAR CITY COMMISSION 13 MINUTES - March 2, 1999 1 area handle the traffic that would be utilizing the parking 2 garage. 3 4 Attorney Gallop commended Mayor Robaina and Vice Mayor 5 Oliveros for their assistance and participation in this endeavor. 6 7 Mayor Robaina let everyone know that he's had several 8 discussions with Manager Scurr about what impact the construction 9 of this garage would have on the merchants and what measures 10 would be taken in that event. He said that several plans have 11 been discussed. 12 13 Commissioner Russell opined that it is only fair that the 14 $44,000.00 annual payment to the City be reviewed again given the 15 current meter rate. She commented if the City owns the property 16 that would maintain insurance coverage and who would be liable in 17 the event something occurs in the garage. 18 19 Attorney Gallop said that SPG would obtain insurance on the 20 facility. The insurance is design to handle any liability 21 situation. 22 23 Commissioner Russell referenced No. 9 and stated that the 24 timeframe needed further consideration and suggested that the 25 lease be reviewed on the 26th year instead of the 28th year in 26 order to give the Commission ample time. 27 28 Manager Scurr said that would be the total and the objective 29 is that one could still get the 50 years with the 20 -year 30 extension. 31 32 Commissioner Russell referenced No. 9, Item 4 and related 33 that the City would have to compensate SPG for the air rights. 34 She said that the Commission could not leave that debt and the 35 financial responsibility to administration and the Commission 36 thirty years down the road. The $280,000.00 expense would be even 37 more after the parking rate has been adjusted. 38 39 Attorney Gallop said that administration would set up a 40 trust fund-to pay money into that would relate to this project. 41 42 Commissioner Russell conveyed that she wanted to make sure 43 the money is put aside annually. She said the alleyway issue 44 remains unresolved and opined that she didn't see how the City 45 could possible go forward with the negotiations until there is a 46 solution. 47 48 Attorney Gallop shared that administration had met with Mr. 49 Arabac earlier during the day and apprised him of the changes. 50 He said that alleyway will have a one way land filled. He voiced REGULAR CITY COMMISSION 1 4 MINUTES - March 2, 1999 1 that administration and the representatives of SPG are committed 2 to working with Mr. Arabac to provide for temporary replacement 3 parking during the construction. 4 5 Commissioner Russell asked if the relocation expenses for 6 the utilities would be incurred by SPG at no obligation to the 7 City. 8. 9 Attorney Gallop said the developer would incur those 10 expenses. 11 12 Commissioner Russell asked that white roofing material be 13 used to keep the building as cool as possible. She asked that 14 consideration also be given to the height of the parking garage 15 for further expansion. 16 17 Attorney Gallop said that administration did not deal with 18 the height issue because it involves a legislative decision by 19 the Commission as to whether or not to proceed. If the 20 developers are incline to walk the Commission through that 21 process now would be the time to do it. He emphasized that it 22 seems that the City is getting a real good deal in this project. 23 While the developers are assuming a lot of the risks and for the 24 first 18 years this project isn't going to make a sufficient 25 profit because of the financing. It is between the 30 to 50 year 26 period that the potential developers would make a large profit. 27 28 Commissioner Feliu concurred with Commissioner Russell's 29 statement about the height of the parking garage. He opined that 30 the future should be considered and not jockeying for additional 31 parking later by making the adjustments now. 32 33 Attorney Gallop said those are design issues. 34 35 Commissioner Feliu conveyed that he was most concerned for 36 the employees working in the downtown area. He opined that it 37 would go a long way if the top floor could be utilized for decal 38 parking. 39 40 Commissioner Feliu said that he did not see a timeframe as 41 to when this project would be finished. 42 43 Mr. Al Elias, representative of SPG Phase One appeared 44 before the City Commission and related that the project could be 45 completed within 12 months. 46 47 Vice Mayor Oliveros asked if this timeframe included the 48 additional two floors of parking if a decision is made to do so. 49 REGULAR CITY COMMISSION 1 5 MINUTES - March 2, 1999 �1 Mr. Elias said that would be up to the Commission. He said 2 that if the Commission decides to add the two additional floors 3 it should be done when they start building the facility otherwise 4 the City and the developer will lose money and revenue. 5 6 Manager Scurr related that the developers would have to go 7 through the Special Exception process to add to the parking 8 level. 9 10 Mayor Robaina said the Special Exception process would not 11 slow up the project because the actual construction could get 12 underway. 13 14 Vice Mayor Oliveros asked if the Commission decided to allow 15 the additional stories could there be a provision in the lease 16 that the top floor would be used exclusively for employees 17 working in the downtown area. 18 19 Mr. Elias said that he would almost insist upon it. He 20 emphasized that the developers wanted this garage to be for the 21 other people. He shared that his main business was 22 transportation, which deals with moving the vehicle and parking 23 the vehicle. The parking garages should be strategically located 24 so that the impact isn't in one area of the City. This garage 25 will make the people walk around to the other shops. He said 26 that the developers would probably go with the heavier footage. 27 28 Manager Scurr said the developer would need to start the 29 Special Exception Process. This requires public hearings as well 30 as going through the Planning Board process which could take 31 approximately two months from start to finish. 32 33 Commissioner Russell asked about the security issue. She 34 suggested asking the City Manager to instruct the police 35 department to review and provide an analysis of what their needs 36 will be. 37 38 Attorney Gallop indicated that he'd like the Commission to 39 give clear instructions on how it would like for administration 40 to proceed: 41 42 Mayor Robaina related that the Commission would go with the 43 26 yeas instead of the 28 years. He further said adjusting the 44 annual income of $44,000.00 to the new meter rate needs to be 45 made. The issue of security measures inside of the garage should 46 be addressed. 47 48 Commissioner Russell asked that the liability coverage with 49 regards to the City be considered. 50 REGULAR CITY COMMISSION 1 6 MINUTES - March 2, 1999 ~1 Commissioner Bethel commended Mr. Elias for stating that his 2 garage would be for the merchants and employees in the downtown 3 area. 4 5 Commissioner Feliu shared that Mr. Elias had said that he 6 was going to hire as many individuals from this community to work 7 on this project. He asked Mr. Elias if it would be possible to 8 work with The Wounded Healers on this endeavor. 9 10 Mr. Elias said his company wanted to take people from the 11 disadvantage part of the city and put them to work and as quickly 12 as they can learn a trade and move ahead so will their pay check. 13 He shared that he's been working with Reverend Green, Pastor of 14 St. John A.M.E. Church to accomplish this. 15 16 Vice Mayor Oliveros recommended considering the Charter 17 Change so that the City still has its options. 18 19 There being no further discussion, the motion passed by a 5- 20 0 vote. 21 22 Commissioner Bethel: Yea 23 Commissioner Feliu: Yea 24 Vice Mayor Oliveros: Yea 25 Commissioner Russell: Yea 26 Mayor Robaina: Yea 27 28 Attorney Gallop conveyed his thanks to all of the 29 participants involved in this process. 30 31 Mayor Robaina too thanked all parties involved. 32 33 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 34 35 ORDINANCE NO. 4 -99 -1678 36 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 18- 38 98 -1666 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY 39 ADVISORY BOARD BY AMENDING THE PROVISIONS REGARDING 40 MEMBERSHIP; PROVIDING FOR SEVERABILITY, CONFLICT AND AN 41 EFFECTIVE DATE. 42 3/5 43 44 Moved by Mayor Robaina, seconded by Vice Mayor Oliveros and 45 Commissioner Russell to adopt this ordinance, with the City Clerk 46 assigning the next available number. 47 48 Assistant Manager Morris explained that this amendment 49 changes the criteria as follows: reside and or work in the 50 redevelopment area and other professionals who may give technical REGULAR CITY COMMISSION 17 MINUTES - March 2, 1999 RECFIVEO: 2.26 -99; '4:21; 3056699438 _> '....14 GALLOP FIGUERE, c 02/26/1999 14.46 = 056699438 CONSUL7D4G ALP PAGE 02 JUL FAX un ?��RRRitt 74 P. 01 'L8'-� I Ur 13 ; 3U FAX Y-h 7T"•t PHAISt VIVO 7150 S. W. 62ND AVENUE SUFFj�r MIAMI, FL. 33143 Phone (305) 661.4506 Fax (305) 666-8174 7123198 Charles Scuff City Manager vuy 6130 Sunset drive AAiemi Gi '7'31 d'� Dear Charles: Phase One's original proposal to the City of South Miami, for the mixoa use parking garage utili2ing the city parking lot at 73rd street and 58th avenue consisted of the following: 1. Phase One wouid lease the city prQNar<y for a period of fifty years. c. rh" �..: +.t : `:...�.a ..... : nn.,r�Ycmatahi $4,000,000.00. e1s � vr+G Woua%d vuiiv .....a _rt' - - The structure would contain approximately 24,000 square feet of ��taiF /nffir� cpgrA with ��7 narking SpaCBS. At the end of fifty years the • ....... - ... - - r 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 $44,000 to replace ita lost parking Meter revenue plus 5% of the gross revenue collected from the building. This would give the city approximately 898,000 after the first year of operation. 4. Phase One would not be responsible for the real estate prope y- ta;::a as the City of South Miami is and would continue to be the owner of the real estate. The tax on the 6tructufa TV %A ►i+v i+ir+idiia+vi: Us r + App. 3 2,21; ..OSP..O °93438 =, NAGIN GALLOP PIGUERE; y3 02/26/1999 14:46 3056699438 CONSULTING GROUP PAGE 03 JIU -28 -98 •IVE i 3 : 3u � M h�. 3056668114 P.02 The above four points were the slsments of our original proposal which was approved by • %° city nm —Mrnis -lion by a unanimous vote. However, Phase One would like to augment this proposal with one which wouid 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 parking 104- Co; 73rd street and 58th court. With these air- rights the building becomes a rectangle which makes for a much more dt+►ca��t �::«uing allowing for free flow of the parking of cars. Phase One would like to present this augmented proposal to the 1 1t j fit Stow t Mla;, �; which as ° pr =`'� h`f the Squth Miami Planning Board. 1. Instead of a $4,000,000.00 building, Phase One would build a structure costing approximatety $6,500.000.00 to $7.000,000.00. 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 niust of ii tea t v4LAn=Tic. �v cl, : "a Home Town Plan. 4. Phase One will redo the facade of the existing strip stores, matching the fa -ade cf the ^e••, r"iwee' -staor pa ►king gar" -ge structure. 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 anticipated icipated s ,o blabs c; ra;;vng space we are enlarging the foundations and columns of the building. This is being done, at addrLlorilai vv i iv us, ;M, the event tt e �• '� °Q!T° a itFon %i lcyate 4f parking to ameliorate the shortage of parking spaces. ,. -.._ . < -.1 .,;..,^^'r,-m."°.aF ° samc. �'a!q'+ms xW'aTw:- as+m�m�3 et+�"'�vrr'z'..,r aka 4s✓•iT.. ztnn~,i>�F., �- �5'FSI�'�.p �^' Y ..nom ,.�?n —: n-' '�- `�"+.. - .°r.,.,�i ,. — ;ECEIVEO: 2.26 -99; 14 :22; 3056699438 -- NAGIN GALLOP F;GUERE; 44 02/26/1399 14:46 3056633438 CONSULTING GROUP PAGE 04 .JUL -2d -98 RE 13:13! rir MA iw 3056668174 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 which LlG \IIG N. ky Y,ioU1d tGnlm pvcvnZn _ Ssion of the mixed vSe� parking garage. �a�asrr�r� 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 proposai would give the city G' South M1066 the following: 1. Approximately 358 Parking Places. 101 more places than %I% 4k4L . T;^irtil r�re�e+e�esl 2. Apnroximateiv 20 - 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 W=7 S. ELIAS -- -! President 9ECEIVEO: 2- 28.99; .4:22; 3058899438 => NAGIN GALLOP FIGUERE; n5 02/26/1999 :4:46 3056699438 CONSULTING GROUP PAGE 05 f r-- s_rr. 581x. AVENUE i `Z( Y t r` C �1 D;9 Clty of South MIarM Ia1�0owD�";,1= j , E IVEA: I.2g.p9. 7:23; 305E8g9438 NAGIN GALLOP FIGUEBE; K8 82/26/1999 14:46 3056699438 CONSULTING GROUP PACs 06 ��ra� 9ECEIVEO: 2- 28.98; 14:23; 3068889438 => NAGIN GALLOP FIGUERE; 47 02/26/1999 14:46 305669 2438 CWSULTING GRalP PAGE 07 <•cu -esi r.: c.�i .iVSVi%Ud4Jf7 -+ NAGIN GALLUP PyGUERE; 08 02/26/1999 14:46 3056099438 CONSULTING GROUP PAGE 08 Illlill Ill.11il 40 a t 41 40 a t � t 1 40. w � to _1 M i! q i i city of South Miami WPM T pir .Qr G w. Age I , sow hL - ^"'., RC�CIYLC: 2- 28.99; a :24; 3056699438 — NAGIN GALLOP FIGUEAE; 09 02/26/1999 :4:46 305669 °438 CONSULTING GROUP PAGE 09 0 I 1 1 ! I b THT I i s} ♦ t i s I I ll { t I I i ill 11 1 I ii t { IN I ICI — t 1 ! � 1 » � City of .South Miami N.- ...._' a _..!'aes schow Nato. k= RECEIVED: 2.28.99; 14:24; 3058999438 =� NAGIN GALLOP FIGUERE; .410 02/26/19 99 14:46 3056699438 CCriSULTING GROLF PAGE 10 - l r 4 n u U4 IB t u j� a gas uo� E u Ll I B iID lu i I u It qrl 11 ffill I i "u Lj* ii I u = - L, lu Ili wl Tirl 111 1 m �I1 ID: I City of South Miami p Parking Lsra� i l mono, n_ RECEIVEO: 2.28.99; 14:25; 3058899438 a- NAGIN GALLOP FIGUERE; w11 82/26/1999 14:46 3056699438 CUEULTING GROUP PAS �1 � � a M, m k. a O 0 00 TU I I I I �G'CI D i000 jy Ll CRY of South Miami s • Parkina Glaraae __ QOMU■± RESOLUTION NO. 198 -97 -10168 A RESOLUTICN CF THE :-AYOR AdND CITY COMMISSION OF THE CITY OF SOU'I? MIAMI, FLORIDA, RELATING TO THE MULTI -USE DEVELOPMENT/ PARKING : GARAGE, AWARDING A PROJECT FOR DESIGN, CONSTRUCTION, !EASING AND MANAGEMENT OF A_ MIXED USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING LOT LOCATED AT S.W. 73p" STREET, S.W. 58t"` AVENUE, AND S.W. 58TE COURT_ 00 PHASE I., INC... WHEREAS, the City of South Miami issued a request for proposals for design, constriction, leasing and management of a mixed -use development and parking garage with a primary objective to replace the existlna 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. 3ia Street, S.W. 58th 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 -they proposal receiving 80 points under their scoring system (see. attached correspondence from C3TS); and WHEREAS, Lott c roposals have peen reviewed -'—v the Hometown District Parkina 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 objective 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 u,AYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section J. That the Mayor and City Commission award the project to Phase _ for design, construction, leasing and management of a multi- useiparking garage Development to be located on city -owned property at S.W. 73`d Street, S.W. 58th APP. 4 Avenue, and S.W. 58th -our.. Section 4. This =esoiution shall take effect immediately -pon approval. PASSED AND ADOPTED this 16 th JLay of Sep AP, - • .�. .• 2im:��t �I CITY CLERK C/ READ AND APPROVED AS TO FORM: --TY ATTORNEY er, 19`97. J0 THOMSON MURARO RAZOOK 8c HART, P.A. ATTORNEYS AT LAW ONE SOUTHEAST THIRD AVENUE 17TH FLOOR MIAMI, FLORIDA 33131 TELEPHONE (305) 350 -7200 TELECOPIER (305) 374 -1005 VIA TELECOPY Earl G. Gallop, Esq. City Attorney City of South Miami 3225 Aviation Avenue, Third Floor Miami, Florida 33133 -4741 SPG Phase One Dear Earl: August 31, 1999 Our client, SPG Phase One, Ltd. ( "SPG "), has negotiated a ground lease with the City of South Miami ( "City ") for the construction of a parking garage and retail space ( "Project ") which will be presented to the City Commission for first reading on September 7, 1999. The only significant term that the City and SPG have not agreed to is the amount of base rent. Since the Request For Proposal ( "RFP ") was awarded to SPG, the contemplated rent has always been a fixed base rent of $44,000 and percentage rent equal to 5% of the gross income from both the parking garage and the retail building. According to our projections, the City will receive approximately $116,000 of rent during the first full year of operation ($44,000 of base rent and $72,000 of percentage rent) and thereafter the City's income should increase every year. SPG believes this is a good deal for the City and a workable deal for SPG. We respectfully submit the following points for your consideration: The City issued the RFP for the Project on July 10, 1997 ( "RFP ") in which it stated that the ground lease agreement would provide for "an annual rent payment which may be comprised of a minimum guaranteed rent and a percentage rent based on gross revenues." SPG's proposal in response to the RFP provided for annual base rent of $44,000 (to be paid during the construction period and thereafter during the remainder of the ground lease term) and a percentage rent based on 5% of gross revenues. On September 16, 1997, the City Commission unanimously passed Resolution No. 198 -97 -10168 which awarded the Project to SPG. The City has no basis for changing the amount of base rent included in SPG's proposal and subsequently approved by the City Commission. 2. The Project has been plagued by delays and is now entering its third year. SPG has worked diligently to overcome the delays that were presented by this Project. The THOMSON MURARO RAZOOK & HART, P.A. Earl G. Gallop, Esq. August 31, 1999 Page 2 of 2 survey of the Project was incorrect and had to be brought up to date. Their was a problem with the title to the City land on which the Project is to be built and our law firm was engaged to solve this problem and did so successfully. The City advocated a design for the Project that complied with the City's Hometown Plan but was in violation of the South Florida Building Code. SPG, through no fault of its own, incurred excessive legal, accounting and architectural fees due to these problems and the resulting delays. To further penalize SPG for persevering with the Project and making it feasible for the City is not fair. 3. The delays referenced above have caused SPG to incur significant additional professional fees (at least $200,000 more than usual). In an effort to finalize negotiations with the City, SPG dropped its claim for reimbursement of these cost overruns. In addition, SPG's construction financing costs have increased due to the tighter interest rate environment. Based upon existing markets, SPG will be paying approximately $70,000 per year more in interest charges than would be paid had the Project been commenced in a timely fashion. 4. The City first notified SPG of its desire to increase the base rent this year. During the first two years of SPG's involvement in the Project, all of its financial projections and lender negotiations have contemplated the base rent approved by the City Commission in 1997. Increasing the base rent at this juncture would severely impact SPG's ability to complete the Project. 5. The City confirmed the $44,000 annual base rent amount at the March 3, 1999 City Commission meeting. The City Attorney presented a memorandum outlining the terms of the ground lease to the Commission. The annual base rent was set forth as $44,000. The City Commission approved this memorandum as a basis for finalizing the negotiations with SPG. We look forward to working with the City on this Project in a mutually beneficial manner. If you have any questions or need any additional information, please feel free to call me. Sincerely, Rafael M Perez cc: Charles Scurr Al Elias Luis Figueredo Parker D. Thomson DRAFT 8 -31 -99 LEASE AGREEMENT between CITY OF SOUTH MIAMI, as Landlord and SPG PHASE ONE, LTD., as Tenant SEPTEMBER_, 1999 TABLE OF CONTENTS Page 1. Recitals .................................. ..............................1 2. Definitions ............................... ..............................1 3. Lease of Land ........................... ............................... 5 4. Term . ................................... ..............................5 4.1. Original Term ...................... ............................... 5 4.2. Renewal Option .................... ............................... 5 4.3. Non - exercise of Renewal Option ....... ............................... 6 4.3.1. Income Stream on Non - Airspace . ............................... 6 4.3.2. Fee Interest in Airspace ....................................... 6 4.3.3. Purchase Price ............. ..............................6 4.3.4. Appraisal Procedure ........... ............................... 6 4.3.5. Payment of Appraisers Fees ..... ............................... 6 4.3.6. Method of Payment .......................................... 6 4.4 Amendment of City of South Miami Charter ............................ 6- 5. Rent .................................... ..............................7 5.1. Minimum Rent ...................... ..............................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 .............................. 8 5.3. Renewal Period ............ ....... ..............................9 5.4.1. Renewal Period Minimum Rent .. ............................... 9 5.4.2. Renewal Period Percentage Rent . ............................... 9 6. Payment ................................. ..............................9 6.1. Minimum Rent ...................... ..............................9 6.2. Percentage Rent ..................... ..............................9 6.2.1. Payment of Percentage Rent ................................... 9 6.2.2. Annual Statement ............ ............................... 10 6.2.3. Audit by Landlord ........................................... 10 6.2.4. Maintenance of Books and Records ............................. 10 6.2.5. Waiver .................... ............................... 10 6.3. Delivery of Payment ............... ............................... 10 6.4. Delinquency ........................ .............................11 7. Title; Delivery of Possession ............... ............................... 11 7.1. Covenant's of Title ................. ............................... 11 7.2. Environmental Condition ........... ............................... 11 7.3. Alleyway Considerations ............ ............................... 11 7.4. Possession ......................... .............................11 7.5. Title Requirements ................. ............................... 11 8. Zoning, Development of Land and Pre - Construction Activity .................... 12 8.1. Development Rights ............................................... 8.1.1. Parking Facility 12 ............. ............................... 8.1.2. Retail Component 12 8.2. .......................................... Plans and Schedules 12 8.3. .................. .............................12 Landlord Approval ................................................ 12 8.3.1. Schematics and Preliminary Specifications ....................... 12 8.3.2. Design Development Drawings . ............................... 12 8.3.3. Conform with AIA and BOMA Method 12 ......................... 8.3.4. Approval for Subsequent Material Changes ...................... 12 8.3.5. Procedure for Approvals ...... ............................... 12 8.4. Permits ............................ .............................13 8.5. Change After Receipt of Permits ...... ............................... 13 8.6. As -Built Drawings 8.7. ................. ............................... Designation of Landlord Representative 13 ............................... 8.7.1. Approve Documents ......... ............................... 14 14 -- 8.7.2. Consent to Actions ........... ............................... 8.7.3. Make Appointments 14 .......... ............................... 8.7.4. Change of Representative 14 ..... ............................... 14 9. Construction of Project ................... ............................... 14 9.1. Conditions Precedent to Commencement of Construction ................. 14 9.1.1. Unavoidable Delays .......... ............................... 14 9.1.2. Title Requirements of Paragraph 7.5 ............................ 14 9.1.3. Environmental Conditions of Paragraph 7.2 ...................... 14 9.1.4. Representations and Warranties of Landlord 14 ...................... 9.1.5. Permits ...................... .............................14 9.1.6. Tenant's Financing ........... ............................... 9.1.7. Title Insurance 14 ............................................. 9.1.8. Declaration 14 ................. ............................... 15 9.2. Commencement of Construction ...... ............................... 15 9.2.1. Delay of Commencement of Construction ....................... 15 9.3. Performance ........................ .............................15 9.4. Completion of Construction .......... ............................... 15 9.5. Construction Period Indemnification and Security ....................... 15 9.6. Subsurface Conditions .............. ............................... 15 10. Tax Benefits .............................. .............................16 -ii - 11. Leasehold Mortgage .. ............................... 16 11.1. Tenant Right to Encumber Leasehold .............. . . • ... . . . . . . . . . . . • . 16 11.2. Lender, Leasehold Mortgage .... 16 11.3. Lender's Rights Upon Tenant Default ................................. 17 11.3.1. General ....... 17 1-1.3.2. Landlord Notice to Lender ............................... ....................... 17 Lender's Right to Cure .............. . 17 11.3.4. Time Period and Manner of Curing ..... . 18 11.3.5. Nonmonetary Event of Default ........ 18 11.3.6. Lender's Acquisition of Leasehold ...... 19 11.3.7. Bankruptcy and Similar Proceedings Against Tenant 19 11.3.8. Method of Notice ................. 19 11.3.9. Lender Foreclosure of Leasehold Mortgage ................ 19 11.3.10. Lease with Lender Upon Termination of Lease by Landlord 11.4. No Waiver of Landlord's Obligations ................................. 20 11.5. No Financing Liability .............. ................ 20 11.6. Payment of Landlord's Attorney's Fees ................................ 20 11.7. Estoppel Certificates from Landlord .................................. 20 11.8. Compliance with City Charter ........ ............................... 20 12. Events of Default by Tenant ............................. , 2 T -- 12.1. Failure - Payment of Money .. • • . • . • .. • • • . 21- 12.2. Failure - Performance of Other Covenants. Etc. ......................... 21 12.3. Bankruptcy. Etc ...................... .......................................21 12.3.1. Bankruptcy Filing .................. 21 12.3.2. Levy or Attachment .... ............................... 22 12.3.3. Receiver, Etc .......... .............. 22 12.4. Remedies for Default by Tenant ..................................... 22 12.5. Events of Default by Landlord ....................................... 22 12.5.1. Failure - Performance of Covenants . 22 12.6. Remedies for Default by Landlord ..... ............................... 23 13. Condemnation .23 13.1. Taking of Entire Premises ................ ................... 23 13.2. Proceeds of Taking ....................... . 13.3. Partial Taking; Termination ........................... 23 g; rmination of Lease . 23 13.4. Partial Taking; Continuation of Lease ............ .................. 24 13.6. Additional Takings ................. ............................... 24 . 25 13.6.1. Making Repairs .................. . . . .......................... 25 13.6.2. Terminating Lease ........... .............. • . • • . . . . . . . . . . . . 25 13.7. Inverse Condemnation or other Damages .. 25 13.8. Taking by Landlord ................ ............................... 25 13.8.1. Paragraph 13.1 Factors ................... 25 13.8.2. Development Costs .......... ............................... 25 - iii - 13.9. Involuntary Conversion ............. ............................... 26 13.10. Payment of Fees and Costs .......... ............................... 26 14. Use and Care ........................................................... 26 14.1. Use ........................ ............................... .26 14.2. Operating Standards ................ ............................... 26 14.3. Use Restrictions ................... ............................... 26 14.4. Applicable Law ................... ............................... 27 14.5. Environmental ........ ............ .............................27 15. Repair and Maintenance ..................... .............................27 15.1. Landlord's Responsibility ........... ............................... 27 15.2. Tenant's Responsibilities ............ ............................... 27 16. Loss of Property ......................... ............................... 27 17. Renovation ............................... .............................27 17.1. Tenant's Rights ................... ............................... 27 17.1.1. Submission of Plans and Specifications .......................... 27 17.1.2. Tenant to Obtain Approvals and Permits ......................... 28 17.2. Landlord's Cooperation ............. ............................... 28 18. Access to Premises ....................... ............................... 28 19. Operation and Management of Improvements .. ............................... 28 19.1. Control of Parking Structure ......... ............................... 28 19.2. Non - Interference .................... .............................28 19.3. Rights to Erect Signs; Revenue Therefrom ............................. 29 19.3.1. Procedure for Signs .......... ............................... 29 19.3.2. Allowable Signs ............. ............................... 29 19.3.3. Removal of Signs ............ ............................... 29 19.3.4. Definition of Signs ........... ............................... 29 19.3.5. Revenue from Signs .......... ............................... 29 19.4. Landlord's Signs Upon the Project ..... ............................... 30 19.5. Indemnification ..................... .............................30 20. Surrender of Parking Structr ze ............. ............................... 30 21. Destruction ............................... .............................30 21.1. Tenant's Duty to Restore ............ ............................... 30 21.2. Interrelationship of Lease Paragraphs .. ............................... 30 21.3. Insurance Loss Payees ............................................. 30 21.4. Abatement of Rent ............ . 21.5. Reconstruction Delay ............... ............................... 31 iv - 21.6. Termination by Destruction .......... ............................... 31 22. Sale of Leasehold, Subletting, Landlord's Assignment .......................... 31 22.1. Right to Transfer Leasehold .......... ............................... 31 22.1.1. Rights to Sublease ........... ............................... 32 22.2. Landlord Assignment ............... ............................... 32 22.3. Compliance with City Charter ........ ............................... 32 23. Insurance ................................ .............................33 23.1. Acquisition of Insurance Policies ..... ............................... 33 23.2. Types of Required Insurance ......... ............................... 33 23.2.1. Comprehensive General Liability Insurance ................ 33 23.2.2. Umbrella Liability Insurance ............................ 33 23.2.3. Physical Property Damage Insurance ..................... 33 23.2.4. Builder's Risk Insurance ............................... 34 23.2.5. Business Interruption and Loss of Revenue ................. 34 23.3. Terms of Insurance ................. ............................... 34 23.3.1. Primary Policies ....... ............................... 34 23.3.2. Notice of Change or Cancellation ........................ 34 23.3.3. Landlord Not Responsible for Notice or Premiums .......... 34 23.3.4. Insurance Company Rating ............................. 347 23.3.5. Mortgage Endorsement . ............................... 34 23.4. Landlord's Acquisition of Insurance ... ............................... 34 23.5. Insurance Money and Other Funds Held in Trust ........................ 35 23.6. Application of Proceeds of Physical Damage Insurance ................... 35 23.6.1. Distribution of Unutilized Proceeds ....................... 35 23.7. Insurance Surveyor .................. .............................36 23.8. Waiver of Subrogation .............. ............................... 36 24. Relation of the Parties ................................................... 36 25. Acts of God; Unavoidable Delays ........... ............................... 36 25.1. Acts of God ...................... ............................... 36 25.2. Unavoidable Delays ................ ............................... 37 26. Landlord's Covenant of Quiet Enjoyment ..... ............................... 37 27. Brokerage ................................ .............................37 28. Time of Essence ......................... ............................... 37 29. Notices .................................. .............................37 30. Compliance with Laws and Ordinances ....... ............................... 38 30.1. Compliance by Tenant .............. ............................... 38 -v- 30.2. Contest by Tenant ................... .............................38 31. Arbitration ....... ....................... .............................38 31.1. Agreement to Arbitrate ............. ............................... 38 31.2. Appointment of Arbitrators .......... ............................... 38 31.2.1. Failure to Appoint Second Arbitrator ........................... 38 31.2.2. Arbitrators Cannot Agree to Third Arbitrator ..................... 39 31.3. General Procedures ................ ............................... 39 31.4. Majority Rule ....................... .............................39 31.5. Replacement of Arbitrator ........... ............................... 39 31.6. Decision of Arbitrators ............. ............................... 39 31.7. Expense of Arbitrators .............. ............................... 39 31.8. Accelerated Arbitration ............. ............................... 39 32. Representations, Warranties and Covenants ... ............................... 40 32.1. Landlord's Representations and Warranties ............................. 40 32.1.1. Authority to Bind ............ ............................... 40 32.1.2. Free of Tenancies ............ ............................... 40 32.1.3. No Actions Affecting Use ..... ............................... 40 32.1.4. No Sewer Impairments ....... ............................... 40'- 32.1.5. No Sewer Moratorium ........ ............................... 46 32.2. Tenant's Representations and Warranties .............................. 40 32.2.1. Authority to Bind ............ ............................... 40 32.3 Approved Changes ................... .............................40 33. Exculpation .............................. .............................40 34. General Provisions ......................... .............................41 34.1. Severability ........................ .............................41 34.2. No Waiver ........................ .........................:..... 41 34.3. Entire Agreement .................. ............................... 41 34.4. Successors and Assigns ............. ............................... 41 34.5. Modification and Rescission ......... ............................... 41 34.6. Governing Law ..................... .............................41 34.7. Interpretation ........................ .............................41 34.8. Radon Disclosure .................. ............................... 41 34.9. Duplicate Originals ................ ............................... 42 34.10. No Discrimination ................. ............................... 42 34.11. Attorneys Fees ...................... .............................42 34.12. Landlord's Approval and Disclosure ... ............................... 42 34.13. Project Amenities .................. ............................... 42 EXHIBIT A -Legal Description .................... .............................44 -vi- •Sr,?r..',� - Vii - 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 presently used solely as a public parking lot; B. Landlord desires to lease the Land to Tenant to allow it to design, construct, own lease, and manage a mixed -use retail and parking garage building (referred to as the Parking Structure which term is hereinafter defined) as contemplated by Landlord pursuant to its general award set forth in Resolution No. 198 -97 -10168 effective September 16, 1997, approved site plan set forth in Resolution effective February _, 1998 and approval of ground lease: memorandum as set forth in Resolution No. effective March 2, 1999 (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. D. Tenant will construct and own the Parking Structure during the term of this Lease. 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. "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. -1- 2.2. "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. 2.3. "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 the Parking Structure, sidewalks, public receiving, loading and delivery areas, public lobbies, public exits and entrances, hallways, elevators, stairways, and restrooms. 2.4. "Completion Date" means the date which is the earlier of the (i) Completion of Construction as provided in Paragraph 9.4 or (ii) the date which is 365 -days after the Permit Date. 2.5. "Construction Period" means the period commencing with the Permit Date and ending on the Completion Date. 2.6. "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. 2.7. "Development Rights" means the rights granted to Tenant for the development of the Project pursuant to the terms of this Lease. 2.8. "Effective Date" means the date this Lease is to be fully binding upon the parties as stated on the execution page hereof. 2.9. "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, including all rights and interests appurtenant thereto. 2.10. "Landlord "means the City of South Miami, Florida, a municipality located in Miami -Dade County, Florida. 2.11. "Lease Commencement Date" means the date on which Tenant has complete control and possession of the Land. 2.12. "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- n� 2.13. "Lease Term" means the period consisting of 30 consecutive Lease Years commencing on the Lease Commencement Date (or, if applicable, the first day of the following calendar month) and concluding with the 3 0th anniversary thereof together with the Renewal Period if the Renewal Option is exercised in accordance with Paragraph 4.2. 2.14. "Minimum Rent" means the fixed rent due from Tenant to Landlord as provided in Paragraph 5.1. 2.15. "Parking Facility" means that portion of the Parking Structure which is used for parking and does not include the Retail Component. 2.16. "Parking Structure" means that portion of the Project which includes the Parking Facility and the Retail Component. 2.17. "Permits" means all 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 necessary or appropriate 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. 2.18. "Permit Date "means the date all Permits are issued on anon-appealable basis which allows the construction of the Project to proceed. 2.19. "Percentage Rent" means the rent, if any, due in addition to the Minimum Rent from Tenant to Landlord as provided in Paragraph 5.2. 2.20. "Project" means the Land, the Parking Facility, and the Retail Component plus all other rights and interests appurtenant thereto. 2.21. "Renewal Option" means the Landlord's right to extend the original period of the Lease Term as provided in Paragraph 4.2. 2.22. "Renewal Period" means the period the Lease Term is extended as provided in Paragraph 4.2. 2.23. "Rent" means the sum of the Minimum Rent, Percentage Rent, and all other additional charges due from Tenant to Landlord under this Lease, together with all applicable Sales Tax thereon. -3- 2.24. "Rent Commencement Date" means the earlier of (i) such date after the Permit Date upon which the Tenant notifies Landlord that Tenant is prepared to commence construction of the Project on the Land or. (ii) such date upon which the Landlord no longer receives parking revenues from the Land due to Tenant fulfilling its obligations under this Lease. 2.25. "Retail Component" means that portion of the Parking Structure which is not part of the Parking Facility but is instead used for retail purposes. 2.26. "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 under this Lease. 2.27. "Subtenant" means a subtenant who leases space in the Retail Component from the Tenant. 2.28. "Tax Code" means the Internal Revenue Code of 1986, as amended from time to time, and any other statute enacted in substitution therefor. 2.29. "Tenant" means SPG Phase One Ltd., a Florida limited partnership. , 2.30. "Unavoidable Delay" means delays due to strikes, Act of God, floods, fires any act, negligence or failure to perform of the Landlord, or any employee or agent of Landlord, unusual delay in obtaining labor or materials, inability to obtain, in accordance with this Lease, zoning, special exceptions, variances, site plan approval, building and other permits, certificates of occupancy or other approvals, governmental restrictions, enemy action, civil commotion, casualty, sabotage, restraint by court or public authority, moratoriums, the development of the Project being defined to be a development of regional impact. 3. Lease of Land. Subject to the terms, conditions, covenants, and other provisions provided hereinafter, Landlord does hereby lease, let, and demise unto Tenant and Tenant does hereby lease, hire, and take from Landlord the Land to have, hold, and use for the entire Lease Term hereof. 4. T,__ alr . 4.1. Original Term. The original Lease Term shall be thirty 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 sooner terminated as provided hereinafter. 4.2. Renewal Option. Landlord shall have the option to extend the Lease Term ( "Renewal Option ") for a 20 year period commencing on the conclusion of the 30th Lease Year -4- ( "Renewal Period"). Landlord shall exercise the Renewal Option by giving written notice to Tenant of the appropriate commission resolution of Landlord (or such other municipal action as may be required at that time) at any time during the 26`h Lease Year. In the event Tenant has not received notice of Landlord's exercise of the Renewal Option by such date, the Renewal Option shall lapse, this Lease shall terminate at the end of the Lease Term, and the provisions of Paragraph 4.3 shall apply. In the event Tenant has received timely notice as provided herein, the Lease Term shall be extended for and include the Renewal Period, and during the Renewal Period, the Minimum Rent, and Percentage Rent shall be determined as provided in Paragraph 5.4, and all other terms, conditions, and provisions of this Lease shall remain in full force and effect without modification thereof. 4.3. Non - exercise of Renewal Option. If the Landlord shall fail to exercise the Renewal Option as provided in Paragraph 4.2, Landlord shall purchase all of Tenant's right, title and interest in and to the Parking Structure. The purchase price therefor shall be determined by appraisal based upon the Twenty Year Interest defined in Paragraph 4.3.1. (the "Purchase Price "). 4.3.1. Income Stream on Parking Structure. The value ofthe income stream that Tenant would have received in Lease Years 31 through 50 from the Parking Structure discounted to a present value in Lease Year 30 ( "Twenty Year Interest "). 4.3.2. Appraisal Procedure. The Landlord shall choose one appraiser, the Tenant shall choose another appraiser, and those two appraisers shall jointly choose a third appraiser. The three appraisers would perform appraisals on the Twenty Year Interest and the average of the three appraisals shall be the Purchase Price. The appraisals will be performed during year 30 and the final determination of the appraisers shall be presented to Tenant and Landlord no later than 90 days before the end of the Lease Term. 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. The appraisal method shall be determined by the appraisers chosen pursuant to this Subparagraph 4.3. 4.3.3. Payment of Appraisers Fees. Landlord shall pay the fees and costs of the appraiser chosen by Landlord. Tenant shall pay the fees and costs of the appraiser chosen by Tenant. Landlord and Tenant shall each pay one -half of the fee and costs of the third appraiser chosen by Tenant's and Landlord's appraisers. 4.3.4. Method of Payment. The Landlord shall, at its sole discretion, choose one of the two methods listed below for payment of the Purchase Price to the Tenant: A single, lump sum payment made by Landlord to Tenant on or before the end of the Lease Term; or (ii). Five equal installments of the Purchase Price plus interest on the outstanding balance from the end of the Lease Term until -5- payment in full. The first payment shall be made on the last day of the Lease Term with four subsequent payments on the first, second, third and fourth anniversaries of the end of the Lease Term. The interest rate shall be one percentage point above the prime rate quoted in the Wall Street Journal, adjusted and compounded quarterly (at the beginning of each quarter). Rent. 5.1. Minimum Rent. Beginning on the Rent Commencement Date, Tenant shall pay Landlord a monthly Rent of per month for each and every month during such period, plus applicable Sales Tax, if any, due thereon. Rent for any period of less than one full calendar month shall be prorated on a daily basis based upon a 365 -day year. Minimum Rent for any period of less than one full calendar month shall be prorated on a daily basis based upon a 365 -day year. 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 5% of the Gross Income for such Lease Year. Percentage Rent shall be calculated on an annualized calendar year basis or pro rata portion thereof. Within 30 days following the end of each calendar month during the Lease Term, Tenant shall furnish to Landlord a statement for the preceding calendar month reporting all items of gross 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; (3) Proceeds from any financing or refinancing of 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; rw a (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; (8) Interest on other earnings earned from cash or other investments of Tenant; (9) Subtenant pass through expenses for common area maintenance real estate taxes and insurance; 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; (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 (i) has as actually received the Gross Income upon which the Percentage Rent is determined, (ii) is the uncontested and exclusive owner of such Gross Income, and (iii) has the unrestricted rgewer 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. Subject to and except as otherwise provided in Paragraph 5.2.2 and this Paragraph 5.2.3., "Gross Income" shall mean gross income as determined under generally accepted accounting principles applied on a consistent basis. -7- 5.3. Renewal Period. 5.3.1. Renewal Period Minimum Rent. Commencing with the first Lease Year during the Renewal Period, the Minimum Rent shall be equal to the amount stated in Paragraph 5.1. The Minimum Rent shall be paid by Tenant to Landlord on the same terms and conditions as provided in Paragraphs 6.1 and 6.4. 5.3.2. Renewal Period Percentage Rent. Commencing with the first Lease Year during the Renewal Period, Percentage Rent shall be determined in the manner provided in Paragraph 5.2 and paid by Tenant to Landlord on the same terms and conditions as provided in Paragraphs 6.2 and 6.4. 6. Pay ent. 6.1. Minimum Rent. Commencing with the first month of the first Lease Year, Tenant shall pay Minimum Rent in advance in monthly installments due on the 10th day of each and every month during the Lease Term. Minimum Rent shall be payable on a prorated basis for any partial months during the Lease Term based upon a 365 -day year. 6.2. Percentage Rent. 6.2.1. 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. 6.2.2. Annual Statement. Within ninety days of the end of each Lease Year, Tenant shall prepare and deliver an annualized 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 151 day of the following month the amount of such deficiency which shall be deemed to be Rent due under this Lease. The annual statement provided by Tenant to Landlord shall be a compilation report prepared by Tenant's accountant based on the information provided by the parking garage operator. 6.2.3. 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 systens and procedures of Tenant for the purpose of verifying statements furnished or to be furnished pursuant to Paragraph 6.2.2, 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 shall pay such deficiency to Landlord, within 15 days after the date of Tenant's receipt of Landlord's written determination and associated backup -8- 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 if 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 payments 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. 6.2.4. 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. 6.2.5. 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. 6.3. 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 6.4. DelinqueMy. The Minimum Rent or Percentage Rent, as applicable, 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 Minimum Rent or Percentage Rent, as applicable, per month for each month or part thereof until such amount is paid in full. If Minimum Rent or 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. rm� �� , . 7.1. Covenant's of Title. Except as provided in Paragraph 7.3, Landlord represents and warrants that, as of the Effective Date, Landlord is the owner of the Land and that the Land is free from all liens, encumbrances, restrictions, covenants, and defects in title other than those set forth in Exhibit — which is attached hereto and made a part hereof and further represents that there are no restrictions which will delay, interfere with, or prohibit 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 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 terminating this Lease by providing Tenant with prior written notice. 7.3. Alleyway Considerations. [Insert to come] SPG AND CITY ADDRESSING THIS ISSUE 7.4. Possession. Tenant hereby accepts delivery of possession of the Land in "as is" condition as of the Rent 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, Tenant's rights as provided in Paragraph 7.5 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. -10- 7.5. Title Requirements. The title matters referenced in Exhibit 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 on or before , Tenant may cancel this Lease by written notice to Landlord in which event this Lease shall be of no further force and effect. Upon the satisfaction or waiver of the Title Requirements, Landlord and Tenant shall promptly file in the Public Records of Miami -Dade County, Florida a certificate (in substantially the same form as Exhibit attached hereto and made a part hereof) evidencing that the Title Requirements have been satisfied or waived and setting forth the Lease Commencement Date. 8. Zoning, of Land and Pre - Construction Activity. 8.1. Development Rights. Landlord, in its capacity as 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 Facility. A four story parking garage containing spaces for 325 to 375 cars. 8.1.2. Retail Component. A two story building with a maximum of 27,000 gross leasable square feet, for retail and office uses. 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 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, any commercially reasonable insurance or surety requirements and any items necessary for title insurance. 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. 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. -11- 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. Annroval 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. 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 consent to, except as hereinafter provided, and take the appropriate actions to assist SPG 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, the Landlord 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). 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: -12- 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 will not be obligated to commence construction of the Project until the following are satisfied: 9.1.1. Unavoidable Delays. Tenant has not experienced any Unavoidable Delay prior to the Commencement of Construction; 9.1.2. Title Requirements of Paragraph 7.5. The Title Requirements - provided for in Paragraph 7.5 of this Lease have been satisfied; 9.1.3. Environmental Conditions of Paragrraph 7.2. The requirements of Paragraph 7.2 of this Lease regarding environmental conditions have been satisfied; 9.1.4. Representations and Warranties of Landlord. The representations and warranties of Landlord made herein are true and correct; 9.1.5. Permits. Tenant has been issued all Permits; 9.1.6. Tenant's Financing. Tenant has obtained a binding loan commitment from a Lender and there are no conditions that would prevent the Lender from funding the loan commitment; 9.1.7. Title Insurance. Tenant and Lender are able to obtain a commercially reasonable policy of title insurance acceptable to the Lender. 9.2. Commencement of Construction. Within 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, -13- "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, the Project has not commenced construction because items indicated in Paragraph 9.1 have not been satisfied, either parry may terminate this Lease with prior written notice to the other party and without any further obligation to the other party. 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. Any delay pursuant to this Paragraph 9.2 shall cause the construction schedules developed by Tenant and Landlord to be adjusted accordingly. 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 actual commercial operation of the Parking Facility by the Tenant for permitted uses or issuance of a certificate of occupancy for the Parking Structure, whichever shall first occur -` ( "Completion of Construction "). 9.5. Construction Period Indemnification and Securi ty. During the Construction Period, Tenant shall indemnify, protect, defend, and hold harmless 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 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 and one -half of the Rent shall be abated during such period. -14- — 9.7. Holiday Season Construction. Tenant shall not engage in construction activities between Thanksgiving Day and December 26 of any year that materially impact the neighboring retail shops by impeding traffic flows on 731 Street, 581 Avenue or 581 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 Benefits. Landlord and Tenant agree that the maximum federal and state tax benefits arising from the ownership of the Parking Structure shall accrue 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 necessary tax rulings (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 10.1. 11. Leasehold Mortgage. [Article 11 to be reviewed by 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 ofthe 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 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 481 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 -15- 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 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. Subject 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 all of the Rental and other payments due hereunder (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 Facility, 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; -16- n.v... , 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 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 -17- shall thereafter (if Tenant fails to do so) continue to faithfully and timely pay all Rent and other monetary obligations. 11.3.6. Lender's Acquisition of Leasehold. Upon the acquisition of Tenant's leasehold interest and the taking of possession of the Project by Lender under the provisions of this Paragraph, Lender shall perform all of the obligations of the Tenant hereunder as and when the same become due or required and, in the case of those defaults reasonably capable of cure by Lender, will have 90 days to cure (or if the Event of Default cannot be reasonably cured within 90 days, then such additional time as may reasonably be necessary to cure the same provided Lender has commenced to cure the same within such 90 day period) those Events of Default which have already occurred including, but not limited to, the commencement of operation of the Project if the Project has not been operating during the proceedings. 11.3.7. 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; 11.3.8. Method of Notice. 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. -18- 11.3.10. Lease with Lender Upon Termination of Lease by Landlord. Should Landlord terminate this Lease by reason of any uncured Event of Default hereunder or should Landlord terminate this Lease without the consent of all Leasehold Mortgagees, Landlord shall give written notification thereof to each Leasehold Mortgagee affected thereby and Landlord shall, upon written request by Lender to Landlord received within 90 days after such termination, execute along with Lender and deliver within 60 days after such request, a new lease of the Parking Structure to Lender for the remainder of the term of this Lease with the same covenants, conditions and agreements as are contained herein; provided, however, that Landlord's execution and delivery of such new lease of the Parking Structure, shall be made without representation or warranty of any kind or nature whatsoever either express or implied including, without limitation, any representation or warranty regarding title to the Project other than those contained in this Lease and in any event without representation or warranty as to the priority of such new lease. Landlord's obligation to enter into such new lease of the Parking Structure with the Lender shall be conditioned upon Lender, on the date the new lease is executed, having paid all Rent or other monetary defaults hereunder or thereunder and having remedied and cured all nonmonetary defaults of Tenant susceptible to cure by Lender. 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. 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 C 1 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 of the City of South Miami and the parties shall cause all appropriate notices to be filed with the office of the City Manager of -19- South Miami. 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. 12. Events of Default by Tenant. The following events are hereby defined as "Events of Default" by Tenant: 12.1. Failure - Payment of Money. 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. Bankiuptcy_Etc 12.3.1. Bankruptcy Films. 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 -20- m �... 711 n�� 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 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 11 hereof, the term of this Lease shall terminate, upon the date specified in such notice from Landlord to Tenant, as fully and completely as if that date were the date herein originally fixed for the expiration of the term of this Lease, and on the date so specified, Tenant shall then quit and peaceably surrender to Landlord the Parking Structure. Upon the termination of this Lease, as provided in this 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 - Performance of Covenants. 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 -21- 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. 12.5. 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, in all other respects, 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 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 he 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 -22- 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 (150) days from the date the Lease was terminated. The fair market value specified in the preceding sentence shall be limited to the fair market value of the Parking Structure and the value of Tenant's interest in the unexpired term of the leasehold estate created pursuant to this Lease only and in no event shall such value include any remaining ownership interest in the Land. If Landlord fails to purchase, the remainder may be sold. 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 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 terminate by reason thereof and Tenant shall continue to pay, in the manner and at the times herein specified, the full amounts of the rents, revenues and all other charges payable by Tenant hereunder, and, except only to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, to perform and observe all of the other terms, covenants, conditions and all obligations hereof upon the part of Tenant to be performed and observed, as though such Taking had not occurred. In the event of any such temporary Taking, Tenant shall be entitled to receive the entire amount of any award made for such Taking (attributable to the period within the 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. -23- 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 Repairs. Repairing at its expense, in which event the provisions of Paragraph 13.4 herein shall control, or 13.6.2. Terminating Lease. 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. Taking by Landlord. Should Landlord condemn the Parking Structure or any portion thereof within the first ten (10) years of the term of this Lease, it is expressly agreed by Landlord that full compensation to Tenant shall be: 13.8.1. Paragraph 13.1 Factors. Those factors set forth in Paragraph 13.1 above; and 13.8.2. Development Costs. The pro rata costs expended by Tenant in the development of the condemned portion of the Parking Structure other than the hard costs to construct the Parking Structure. The provisions of this Paragraph 13.8 regarding Tenant's compensation shall not be applicable to any proceeding other than a Taking by the Landlord within the fast ten (10) years of the term of this Lease. The costs referred to in Paragraph 13.8.2 above include but are not limited to legal fees; architectural, engineering, surveying, planning, and other consulting fees; accounting fees; brokerage fees in connection with leasing and financing; other filtancing costs; costs of infrastructure such as water, sewer, other utilities and road, drainage and other land improvements; a reasonable and fairly allocable share of Tenant's overhead costs related to the portion of the Parking Structure that is taken; and interest'from the date such costs were expended to the date of compensation at the prime rate from time to time in effect as quoted in the Wall Street Journal. Landlord agrees that Landlord shall not condemn the Parking Structure or any portion -24- IF thereof except (i) in good faith, (ii) when no other property is reasonably suitable for the public use the Landlord needs, and (iii) for a purpose other than either leasing or selling the condemned property to another person or entity engaging in Tenant's business of leasing office and retail space and operating a parking garage (or a combination of such uses). If there is a taking by Landlord of a portion of the Parking Structure, Landlord shall not use the property it so acquires for any use detrimental to Tenant's remaining property or with the clear likelihood of diminishing Tenant's use and enjoyment of its premises. Landlord shall consult with and coordinate the design of any improvements upon the Land with Tenant, so as to maintain architectural compatibility with Tenant's building(s) located on the Land, and so as to coordinate traffic. 13.9. 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. 13.10. 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, unless Landlord gives its advance written consent to another use. Tenant shall not use or permit the use of the Parking Structure for any purpose except as permitted herein. 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; (iv) maintain and repair the Parking Structure and make all necessary repairs thereto; and (v) submit a security plan for review by the City of South Miami Police Department. 14.3. Use Restrictions. Tenant shall not (i) 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; (ii) use, or permit to be used, the sidewalks adjacent to the Parking Structure or any other area outside the Project for the solicitation of business; or (iii) use or permit to be used, any sound broadcasting or amplifying device which can be heard outside of the Project. -25- 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. 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 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, Tenant will repair and maintain the Parking Structure at Tenant's expense. 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 -26- 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 Coo ration. 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 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 prior 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. 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 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. The Tenant shall, however, dedicate the top floor of the Parking Structure to decal parking for employees in the area of the Project on such terms and conditions as Tenant may determine (the decals are to be issued and controlled solely by Tenant; no other decals will enjoy parking privileges in the Project). 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 -27- 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 an y 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. Therefrom. 19.3.1. Procedure for Signs. Landlord hereby agrees that Tenant, to the extent permitted by law shall have the exclusive right during the term of the Lease, to place, erect, maintain and operate, or cause, allow and control the placement, erection, maintenance and operation of any signs or advertisements in accordance with Paragraph 19.3.2 below, in or on the Project. Tenant shall be responsible for obtaining any and all Permits and licenses which may be required from time to time by any governmental authority for such signs and advertisements and Landlord agrees to execute any consents necessary or required by any governmental authority as part of Tenant's application for such Permits or licenses. '- 19.3.2. Allowable Signs. All types of signs and advertising which are in compliance with all applicable laws and ordinances shall be allowed 19.3.3. R_ emoval 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, it 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 -28- removal and disposal of such graphics. Landlord shall also be responsible for the installation of wayfinding signage in the vicinity of the Project. 19.5. Indemnification. Tenant hereby agrees to indemnify and hold Landlord 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 provided by Tenant, which may be imposed upon, incurred by, or asserted against Landlord by reason of any act, omission or negligence on the part of Tenant 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 19.5 shall not apply to any loss, damages or charges caused by Landlord, its employees or agents. 20. Surrender of Parking Structure. Upon termination of this Lease, 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. If, 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 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, which approval shall not be unreasonably withheld or delayed, 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. Interrelationshig 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. -29- 21.3. Insurance Loss Payees. All policies of insurance required to be maintained by Tenant in accordance with Paragraph 23 shall provide that the loss thereunder shall be payable to Tenant and to any Leasehold Mortgagee under a standard mortgage endorsement. No Leasehold Mortgagee shall be permitted to unreasonably withhold its consent to a release of the net proceeds Of any fire or other casualty insurance paid to the Leasehold Mortgage for any loss which shall occur during the term of this Lease and for such repairing or rebuilding same, provided Tenant complies with reasonable requirements of the Leasehold Mortgagee preliminary to the release of said funds. Any proceeds remaining at completion shall be paid to and belong to Tenant. 21.4. Abatement of Rent. Tenant shall be entitled to abatement of Rent when part of or all of the Parking Structure shall be untenantable owing to the partial or total destruction thereof, unless caused by the negligence of Tenant. In such event, Rent shall be abated for the period necessary to reconstruct the Parking Structure rendered untenantable. Except as otherwise provided in the Lease, no such damage or destruction shall release Tenant of or from any other obligation imposed on Tenant under this Lease. 21.5. 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. 21.6. 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 an amount equal to the then worth of Thousand Dollars ($_,, in 1999 dollars, 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). 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 ent. 22.1. Right to Transfer Leasehold. During the term of this Lease, Tenant shall have the right and privilege to sell, assign, or otherwise transfer this Lease to such other persons, firms, corporations, partnerships, unincorporated associations, joint ventures, estates, trusts, any Federal, -30- State, or Municipal government, bureau, department, or agency thereof, or any other entity as Tenant shall select, provided, however, (a) that Tenant must obtain the prior consent of Landlord of the proposed transferee under this Paragraph if it wishes to be released from liability as Tenant under this Lease, which consent shall not be unreasonably withheld or delayed; (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 transferee and the post office address of the place to which all notices required by this Lease shall be sent. Such transferee of 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 Minimum and 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 said Minimum and 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 Minimum and 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 any transferee 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 Component without any approval of or consent from Landlord provided Tenant remains liable under the Lease for the portion of the Parking Structure being subleased. Landlord agrees that any rights of Landlord hereunder to reenter and take possession of the Parking Structure shall be subordinate to the rights of any such Subtenant to continue peaceably in possession under any and all Subleases, provided that such Subtenant be in conformity with the terms and conditions of its lease. Landlord further agrees that upon the receipt of any request from Tenant, Subtenant, or Leasehold or Subleasehold Mortgagee(s), it will grant such assurances to such Subtenant as may be requested of their continued right to occupy a portion of the Retail Component 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 -31- effect as if the Transferee were the Landlord under this Lease, and Tenant does hereby agree to attorn to the Transferee, as its Landlord, such attornment to be effective and self - operative without the execution of any further instruments upon the Transferee succeeding to the interest of the Landlord under this Lease. The respective rights and obligations of Tenant and the Transferee upon such attornment to the extent of the then remaining balance of the Lease Term and any such extensions and renewals shall be and are the same as those set forth herein. In the event of such transfer of Landlord's interest, Landlord shall be released and relieved from all liability and responsibility thereafter accruing but shall remain liable for all its obligations to Tenant prior to the date of such transfer. 22.3. Compliance with Cily 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 of the City of South Miami 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. Riaht 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. 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. 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. The amount of property damage insurance that Tenant shall maintain with respect to the Parking Structure shall never be less than the full replacement cost of the Parking Structure as required in accordance with Paragraph 23.2.4 hereof. following: 23.2. Types of Required Insurance. Tenant shall procure and maintain the -32- H?A:.;.' �"'� �.#'- Se�'*"�"xr .�a.7Rh -u3Y' ` .` " °r^"°x; ....?a n<.. P, .. '+ter :!k'i#a, B a 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. 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. -33- 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 (3 0) 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. 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 23.2.4 (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 -34- 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 casualty of the Parking Structure, such insurance proceeds received and held by the Tenant or Landlord and not used for repair, replacement, or reconstruction (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); 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 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 per3onal 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, -35- 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. 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 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 wan-ant that they have dealt with no broker, agent, or -other person in connection with this transaction. Each party ag.ees 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. -36- 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. 62' Avenue Miami, Florida 33143 Attn: Albert S. Elias, President With copy to: Richard J. Razook Thomson Muraro Razook & Hart, P.A. One Southeast Third Avenue, Suite 1700 Miami, Florida 33131 Such notice or other communication, together with appropriate copies, may be mailed by United States registered or certified mail, return receipt requested, postage prepaid or delivered by hand or by telecopy. If the notice and copy are mailed, then such notice or other communication shall be 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 -by Tenant. Throughout the term ofthis Lease, Tenant, at Tenant's sole cost and expense, shall promptly comply with all applicable laws, regulations and ordinances. -37- 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. 31. Left Intentionally Blank. 32. Representations and Warranties. 32.1. Landlord's Representations and Warranties. Landlord hereby represents and warrants to Tenant that: 32.1.1. 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. 32.1.2. 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. 32.1.3. 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. 32.1.4. 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. - 32.1.5. 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. 32.2. Tenant's Representations and Warranties. Tenant hereby represents and warrants to Landlord that: -38- r 32.2. 1. Authorijy 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. 33. 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 in the Parking Structure for the satisfaction of each and every remedy of Landlord in the event of any breach by Tenant or by any such assignee or successor -in- interest of any of the obligations, terms, covenants and conditions of this Lease to be performed by Tenant, such exculpation whatsoever. 34. General Provisions. 34.1. 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. 34.2. 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. 34.3. Entire Agreement. This Lease, including all Exhibits referenced herein, 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. 34.4. Successors and Assigns. This Lease shall be binding upon the successors, assigns, and representatives of the parties hereto. 34.5. Modification and Rescission. This Lease may be modified or rescinded only by a writing signed by the parties making specific reference hereto. 34.6. 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 laws. -39- 34.7. 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: 34.8. Radon Disclosure. The following disclosure is required to be furnished under "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health center." 34.9. Multiple Originals. This Agreement is fully executed by the parties in multiple identical original instruments, any of which may be introduced into evidence in any proceeding as conclusive proof of the text thereof. 34.10. 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. 34.11. 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. 34.12. Landlord Approval and Disclosures. If Landlord is required to provide any approval under this Lease; such approval shall not be unreasonably withheld or delayed and such approval shall apply only to the Landlord's proprietary capacity as a party to this Lease and shall not be construed as the regulatory approval in the Landlord's capacity as a municipality. 34.13. Project Amenities. Tenant shall expend not less than one and one- halfpercent (1.5 %) of the cumulative hard construction costs incurred by Tenant in connection with the construction of the Parking Structure for acquisition 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 agree that structural elements of the Project , as presently designed, will satisfy the Project amenities requirement of this Subparagraph 34.13. -40- 34.14 Roofing; Materials. Tenant shall use the lightest possible materials on the top deck of the Project so as to reduce the heat emanated by the Project. Landlord, however, acknowledges that the top deck of the Project shall be used for vehicular traffic and the materials used on such top deck shall be appropriate for and compatible with such use. 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 September , 1999 ( "Effective Date "). WITNESSED: TENANT: SPG Phase One, Ltd., a Florida limited partnership By The Phase One, Inc., its sole general partner By: Albert S. Elias, President of the general partner Date: LANDLORD: City of South Miami, a municipality of Miami -Dade County, Florida By: Charles Scurr, City Manager Date: EXHIBIT -A Legal Description 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. -42-