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HomeMy WebLinkAboutReso 2015-2417 RESOLUTION NO. 2015- 21 17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY AND SUNNY ISLES PROPERTY VENTURE LLC ALSO KNOWN AS THE RITZ CARLTON PROJECT LOCATED AT 15701 AND 15795 COLLINS AVENUE, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Board of Miami-Dade County (the "School Board") and the City of Sunny Isles Beach (the "City") entered into an Amended and Restated Interlocal Agreement for Public School Facility Planning pursuant to Resolution No. 2007-1192 adopted on December 13th, 2007 to implement Public School Concurrency; and WHEREAS, the City approved a site plan application pursuant to Zoning Resolution No. 14-Z-146 adopted on October 16th, 2014 for a development known as "Ritz Carlton" (the "Project") consisting of a residential 50-story tower with 212 dwelling units located at 15701 and 15795 Collins Avenue; and WHEREAS, the Project was approved subject to compliance with Public School Concurrency requirements; and WHEREAS, the School Facility level of service may be satisfied by executing a binding Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, Sunny Isles Property Venture, LLC (the "Applicant") and the City requiring the Applicant to provide mitigation proportionate to the demand for public school facilities created by the Project and requiring the City to withhold all building permits until the mitigation payments have been made by the Applicant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Proportionate Share Mitigation Agreement. The Proportionate Share Mitigation Agreement between the School Board of Miami-Dade County, Sunny Isles Property Venture, LLC and the City is hereby approved in substantially the same form as the attached Exhibit"A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Agreement in substantially the same form as the attached Exhibit "A". Ritz Carlton Proportionate Share Mitigation Agreement Page I of 2 Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution shall become effective upon adoption. 0 PASSED AND ADOPTED this 21st day of May 2015. George . Scholl, Mayor ( .L ., ,. ATTEST: L i Jane'A. Hines, MMC, City Clerk , ..A T."a APPROVED AS TO FORM AN ? . • , oUFFICIENCY: ' , 4 .1 -,, i Hans •�tinot, ity Attorney Moved by: Cp L_ \D N Seconded by: Cz In,tiy osu L.�VIDJ Vote: 6-t Mayor Scholl V(Yes) (No) Vice Mayor Gatto V(Yes) (No) Commissioner Aelion y(Yes) (No) Commissioner Goldman v (Yes) (No) Commissioner Levin V(Yes) (No) Ritz Carlton Proportionate Share Mitigation Agreement Page 2 of 2 EXHIBIT 'A' This instrument prepared by Ana Rijo-Conde Miami-Dade County Public Schools 1450 NE 2Avenue,Room 525 Miami,Florida 33132 After Recording return to: Ana R.Craft,Esquire School Board Attorney's Office 1450 NE 2"d Avenue,#430 Miami,FL 33132 PUBLIC SCHOOL CONCURRENCY PROPORTIONAT LSD RE MITIGATION DEVELOPMENT AGRE E t. 4l THIS PUBLIC SCHOOL CONCURRENCY PRO 0 TI . NATE SHARE MITIGATION DEVELOPMENT AGREEMEN ,"Ag eat"), is made and entered this day of , 21 , by and between THE SCHOOL BOARD OF MIAMI-DADE C pg ;IN , ORIDA, a body corporate and political subdivision of the State of x orida, hereing er referred to as "School Board" or "School District," whose ads°rbs is NE 2ND Avenue, Miami, Florida 33132; )3 CITY OF SUNNY ISLES If!.rs , a municipal corporation of the State of Florida, hereinafter referred V�` ;' whose address is'18070 Collins Avenue, Sunny Isles Beach, i t'da 3 60; and SUNNY ISLES PROPERTY VENTURE LLC, a Delawar• Li cf!.ility company, hereinafter referred to as "Applicant," whose ado y s is 130D B ickell Avenue, Miami, Florida 33131, collectively referred to herein as . s the "Par , . RECITALS: WHEREAS, the Applicant (also referred to herein as "Property Owner") is the fee simple owner of that certain tract of land (Folio # 3122140080040) located in the City , more particularly described on Exhibit "A," attached hereto and incorporated SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 1 of 22 herein by reference (the "Property") which includes the Legal Description and the location sketch of the Property certified to the School Board.; and WHEREAS, the Applicant has submitted an application seeking approval to develop no more than 212 residential dwelling units on the Property (the "Development Proposal"); and WHEREAS, the School Board and the City entered into th.t o,rtain •T.'ended and Restated Interlocal Agreement for Public School Facili�y,Plan 'rig in¢' iami-Dade County, dated December 12, 2007(adopted and execu ed by F ;`.A i n December 13, 2007) to implement public school concurrency nd tt ',oordinate the approval of x„ a residential development with the provision o'rao-•uat public school facilities ("ILA") �;,�.:. incorporated herein by reference; and •. +r M WHEREAS, the Ci iii" City. Council pa e• and adopted Resolution No. 14-Z-146 on ::: ,,. ` October 16, 2014 (inco o Ow;ed herein by reference), approving Applicant's f. Development Proposa ,�` .-,.t to conditions, one of which is Applicant's compliance s4 with school co ency '.e•uirements; and `� s_°�" '/s''.'SS,e the Parties agree that: (1) adequate School Facility Capacity is not i availae,- for of (9) of the elementary students generated by the proposed residential dwelling nits, at the Level of Service Standard within the Concurrency Service Area in which the Development Proposal is located, to accommodate the anticipated number of public school students that the Development Proposal will generate; (2) the needed School Facility Capacity for the applicable Concurrency Service Area is not available in any contiguous Concurrency Service Areas within the same Geographic Area; and (3) SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 2 of 22 I available School Facility Capacity will not be in place or under actual construction within three(3)years after the approval of the Development Proposal; and WHEREAS, the Parties agree that authorizing these new residential dwelling units will result in a failure of the Level of Service Standard for School Facility Capacity in the applicable Concurrency Service Area, or will exacerbate existing d-' ciencies in Level of Service Standards; and WHEREAS, the Parties agree that Public School Co a urre y shal,..e satisfied by the Applicant's execution of this legally bindin.,,Agreea e*'yQ.n full compliance therewith, to provide mitigation proportionate to th dema N for Public School Facilities to be created by these new residential dwellin u • a • WHEREAS, the School Bo 'd, at its meet!.g of January 14, 2015 (Agenda Item F-2), authorized entering i .ct Y'a Pu6i. School Concurrency Proportionate Share Mitigation Development Agri 'ent between the School Board and PMG-S2 SUNNY ISLES, LLC, a Delat•`='%; ' itsr Liability Company, which agreement is effective February 24; and incorporated herein by reference (and hereinafter defined as n `bur, t ✓ . "PMG-S2 �I ' '' S, LLC Agreement"); and �� 4. <, AS, as a part of the PMG-S2 SUNNY ISLES, LLC Agreement, the 4 n% School B•.ard authorized the creation and establishment of the PMG-S2 SUNNY ISLES, LLC Mitigation Bank, hereinafter referred to as "Mitigation Bank" or "Mitigation Bank#2015-002"; and SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 3 of 22 WHEREAS, the Parties agree that the Applicant has selected as its Proportionate Share Mitigation option, the purchase of nine (9) banked seat ("Monetary Proportionate Share Mitigation") from Mitigation Bank #2015-002, subject to contingencies set forth below; and WHEREAS, the Parties further agree that the Applicant shall pay.f`e Monetary Proportionate Share Mitigation funds as further required herein; ands, WHEREAS, The School Board of Miami-Dade Cou o_, , Fl ida, h.' authorized the execution of this Agreement in accordance with t oard It , 9 oard Action No. .6° 117,499, at its meeting of April 15, 2015; and • . s WHEREAS, the City of Sunny Isles :d"';'%.t i§ meeting of May 21, 2015, duly passed and adopted on that date, Re lution No.[ ], authorizing the appropriate City officials to enter into this.^'greemerf 1 • t WHEREAS, t to Applic:1... .s duly approved this Agreement, and represented to „. the School Board and td.,t ' and hereby confirms, that Eduardo Imery has been and is hereby ;,i t orize•'�'o execute this Agreement on behalf of Applicant, pursuant to Vii. writ ti, 'co ,t i' id January 28, 2015. `tom s r 0, . , THEREFORE, in Consideration of the Sum of Ten Dollars ($10.00), the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound,hereby agree as follows: SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 4 of 22 1 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated into this Agreement by this reference as if fully set forth herein. 2. DEFINITION OF MATERIAL TERMS. Any terms that are not defined herein are defined as set forth in the ILA or in the PMG-S2 S 4"LES, LLC - f9�' Agreement. In the event of a conflict between the ILA, the PMG-`',S I Q LES, `st , LLC Agreement and this Agreement, the ILA shall control. r` 3. LEGALLY BINDING COMMITME TT. i •=4. rtu s agree that this Agreement constitutes a legally binding commi en t B 4, the Applicant to provide Monetary Proportionate Share Mitigation forl.e eve'opment Proposal for the Property sought to be approved by the City. j. of x •s• 4. MONETARY dP�R•P0'1/.1 ONATE SHARE MITIGATION. The Parties agree that the Applic.i as elected to satisfy its Monetary Proportionate Share Mitigation requiremen44' a 0.thi Agreement through the purchase of available student stations fro . Mitig: ion Bank ("Capacity Credits" or "Banked Seats") by the Applica,t,an; fans e thereto. The purchase price of the Banked Seat(s) has been sf es .'91:shed a w-nty Two Thousand Five Hundred Ninety Eight Dollars ($22,598) per "... , seat. As " , the amount of the Monetary Proportionate Share Mitigation under this option shall be Two Hundred Three Thousand Three Hundred Eighty Two Dollars ($203,382) (i.e. 9 seats x $22,598 purchase price of a Banked Seat = Monetary Proportionate Share Mitigation payment). The Monetary Proportionate Share Mitigation funds shall be used by the School District towards the creation of twenty-two (22) SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 5 of 22 elementary school student stations at the new K-8 (Northeast Miami-Dade Area)—Phase I Educational Facility (the "School Project"). It is the intent of the School District to locate the School Project within the City proper. To that end, the City and the Board shall collaborate on options that optimize available revenues, including but not limited to opportunities for colocation of student stations within community spaces pro,.ded by the e City and subsequent joint use of facilities, and with the understanding tha`, `'''"',,nding available in the adopted 5-year Capital Plan, which is appro imat'4 $9.56 illion Dollars, shall be used within the City for that purpose. Al.0. iona , the Applicant is voluntarily contributing the value of nine (9) element:, sch®o :, of s in the amount of Two Hundred Three Thousand Three Hundred Eigh Two ;*ll.rs($203,382). t A. Payment: The Parties to this ...reel''-n covenant and agree that the Applicant will make its.�netary Proportionate Share Mitigation payment to f .2 the School Boar.• i hin fo�':een (14) days after the Effective Date (as 4, 1' hereinafter define. t`„'ayment of the cost of the Banked Seats, in the amount /N. N/�. ' Two Hun. o 21 e- Thousand Three Hundred Eighty Two Dollars yr 1 :2), a`.o 4 the voluntary contribution amount of Two Hundred Three ;f• �ho"�.and ee Hundred Eighty Two Dollars ($203,382) shall be by wire •�v kt .lbfer or any other method of payment acceptable to the School Board's '''Office of Treasury Management ("Capacity Credits Purchase Funds"). The Monetary Proportionate Share Mitigation payment shall be non-refundable. B. Issuance of Finding: Upon the full execution of this Agreement by all appropriate Parties and receipt by the School District of the Capacity Credits SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 6 of 22 Purchase Funds, and transfer of Capacity Credits to the Applicant, the School District shall issue a Finding of Available School Facility Capacity ("Finding")pursuant to the ILA. The duration and effect of this Finding shall be in accordance with the ILA. However, in no event shall this Finding, or any allocation of student seats based on this Finding ("School C)ncurrency (- Allocation"), continue to be effective if the Applicant fail',01"'':t; form s. his/her/its obligations under this Agreement. Conversa , o '6 Appli :nt has t,.,:t,,,,, completely performed his/her/its obligations unde'i±.is A eeme `t, Applicant 4fr 4. shall be entitled to rely on the Finding ant Schoo "; rrency Allocation, subject to the terms and conditions state herei k,..ln the event Applicant fails to pay the Monetary Proportionat �g:E 1•igation Payment as provided for herein, the School Distric,!tits sole o. :•n, may cancel this Agreement and �,�. return the Capacity :dit o ✓e Mitigation Bank. Issuance of a Finding by fv the School Dist ,h, lbe a p e-condition to issuance of building permits by %ni. the City fo ,ti-.subjec'p6velopment Proposal. . 5. i '9 CA TONAL FACILITIES IMPACT FEE CREDIT. As 3 conside,=,�; , o the Applicant's Monetary Proportionate Share Mitigation specified h-rdl.i. the Ps ties agree that the School District shall provide a credit toward any Educatio •'` Facilities Impact Fee(s) ("Impact Fee") imposed by Miami-Dade County ("County") ordinance for construction of the Development Proposal ("Impact Fee Credit"). The estimated value of the Impact Fee Credit shall be Two Hundred Three Thousand Three Hundred Eighty Two Dollars ($203,382), which is the result of multiplying Twenty Two Thousand Five Hundred Fifty Eight Dollars ($22,598) (the SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 7 of 22 purchase price of each Banked Seat, as established in Section 4 of this Agreement)by the number of seats purchased by the Applicant - nine (9), resulting in an estimated Impact Fee Credit amount of Two Hundred Three Thousand Three Hundred Eighty Two Dollars ($203,382), (i.e. $22,598 purchase price of the Banked Seats x 9 purchased Banked Seat =($203,382) The final Impact Fee Credit amount shall be determined by t 4 County, pu'suant to the then current Miami-Dade County Educational Facilities I• pact °•: Ordinance x.. 1' Yp4r (Chapter 33K, of Miami-Dade County Code of Ordinances)' . rlocal Agreement r,!„ Between Dade County and The School Board ias- Co'b ty, Florida, relating to Educational Facilities Impact Fee Monie .. and the ~`1..ropolitan Dade County Educational Facilities Impact Fee Administra','e?A.:. Educational Manual, as each may have �f, been amended or may be amende! 4 .m time to ime. The amount of the Impact Fee Credit will not include any a nistrativ- ,, other fees which the County may impose as part of its administrative proce " :q . 6. EFFEC 1 ATE. This Agreement shall take effect upon the last of_ the Partie'"ie..i IR:re ement, but in no event later than July 15, 2015 ("Effective Dat• `. Fai'I;, to''a- iver this Agreement to the School Board executed by the Applicant and thy:=._ity q' June 30, 2015 may, in the sole discretion of the School District, result in 9 the revocation of the Concurrency Determination issued by the School District on October 17, 2014, incorporated herein by reference. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 8 of 22 1 7. TERM. This Agreement shall expire upon the Parties' completion of their performance of all obligations herein or within six (6) years from Effective Date, whichever comes first. 8. STATUTORY COMPLIANCE. The Parties agree that this Agreement satisfies the requirements for a binding Proportionate Share Mitigation f •reeme.nt in Section 163.3180(6)(h)2, Florida Statutes and as provided for in the I { r•, r, 9. NOTICES AN D DELIVERABLES. A L notic,- or communications and deliverables under this Agreeme„t by a '�4 o the others shall ,ter., • :, , be sufficiently given or delivered if dispatched by‘a) ce•l:,ied U.S. mail, postage pre- ,. paid, return receipt requested, (b) hand delivo'`, F ,eral Express or other comparable overnight mail service, (d) telephone .qimile trans a ission with transmission receipt, or (e) electronic mail to the followi g a at--rr sses, or as the same may be changed in writing from time to time. Whene 44panf*f the Parties desires to give notice to the others, such notice must be in wri jig addres*,.to the Party for whom it is intended at the place last specified. The *lace for inge'of notice shall remain such until it is changed by written notice in c+ It 6- f it a 4'he provisions of this paragraph. Until otherwise designated by � amea emeri"4 t y,Agreement, the Parties designate the following as the respective i places;a giv. g notice("Notice"): 4 In the case of Notice or communication to the School Board: The School Board of Miami-Dade County, Florida c/o Superintendent of Schools 1450 N.E. Second Avenue, Room 912 Miami, Florida 33132 SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 9 of 22 With copies to: Miami-Dade County Public Schools Facilities Planning Attn: Deputy Chief Facilities &Eco-Sustainability Officer 1450 N.E. Second Avenue, Room 525 Miami,Florida 33132 Arijo @dadeschools.net; and concurrency @dadeschools.net The School Board of Miami-Dade County,Florida %a do School Board Attorney F: 1450 NE 2 Avenue, Suite 400 '; ,I Miami, Florida 33132 Walter.Harvey@dadeschools.net and Acraft @dadeschools.net In the case of Notice or communicate i "'+6 a pplicant: Eduardo Imery, � 1300 Brickell Aver e; y� Miami, Florida, 4)1 Email: Elme % • fo neint'jrou..com vor With a copy t• •� ,x David J. o ie f,Esquire & wen LLP .159;1 ia,. Center-201 So. Biscayne Blvd. orida 33131 144E 1. dcoviello @shutts.com In the case of Notice or communication to the City: City of Sunny Isles Beach, Florida do City Manager 18070 Collins Avenue Sunny Isles Beach,FL 33160 Fax: 305.792.1731 E-mail: crusso @sibfl.net SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 10 of 22 With a copy to: City Attorney 18070 Collins Avenue Sunny Isles Beach,FL 33160 Fax: 305.792.1702 E-mail: hottinot @sibfl.net For purposes of this Agreement, the Superintendent of Schools or hi,her d gner shall be the Party designated by the School Board to grant or deny y a a;,.11 approvals required under this Agreement, including, without limitatiti'v�'ssu lice of reports, as provided herein. %- Except as otherwise provided in this Agree z ='';as n Notice or deliverable shall be deemed received only upon actual d-rivery at th=si.dress set forth above. Notices or deliverables delivered after 5:144; (a 'a. - ,lace of delivery) or on a non-business day, • Jam. shall be deemed receive. o 'e next business day. If any time for giving Notice •?N• contained in this Agre .` our. otherwise expire on a non-business day, the Notice period shall ; -,tende.,to the next succeeding business day. "Day" as used in this s:,, Agreeme, t sli :1 e 'ned as calendar day, unless otherwise provided. Counsel for the / % ,., Soho i 1 Boar.rco•nsel for the City and counsel for the Applicant may deliver Notice on behalf o :1,/School Board, the City and the Applicant, respectively. Any Party or other person to whom Notices are to be sent or copied may notify the other Parties of any change in name or address to which Notices shall be sent by providing the same pursuant to this provision. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- - SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT-DRAFT#2-5/14/15 Page 11 of 22 1 10. RELEASE. When all of the Parties' obligations set forth herein are fully paid and performed, each Party shall release all other Parties from this Agreement, and all Parties shall release all other Parties from any and all future claims, costs or liabilities arising out of the provision of Monetary Proportionate Share Mitigation in accordance with this Agreement. These releases shall be simultaneously ex,.anged and 0. shall be recorded in the Official Records of Miami-Dade County, Florid: %1 ncing such performance. -;_ 11. VENUE; CHOICE OF LAW; ATTORNEY't 'SEES. This Agreement shall be interpreted and construed in cc a 1:. ce th and governed by the laws of the State of Florida without regards its onflict f'of laws provisions. Any er ,.,;, ,rf,,,. controversies or legal issues arising out of thi gr-'=m nt, and any action involving the enforcement or interpretation of,48 4 e`rights heunder, shall be submitted to the Y.. jurisdiction of the State Co• of the `14.P., Judicial Circuit, in and for, Miami-Dade r j, County, Florida. The Parties .I ee that in the event of any dispute of whatever nature relating to this Agree 'A� ,e shall be in Miami-Dade County, Florida. The Parties further agree in thd.�-vent of a dispute among the Parties, each Party shall be respon_'gel;; or:i ,own attorney's fees and costs through all appeals. > --44-:: . � '4 . /CAPTIONS AND PARAGRAPH HEADINGS. Captions and �y paragraph headings contained in this Agreement are for convenience and reference only. They in no way define, describe, extend or limit the scope or intent of this Agreement. 13. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, and signed by the Party against whom it is asserted. Any ■ SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 12 of 22 such written waiver shall only be applicable to the specific instance to which it relates, and shall not be deemed to be a continuing or future waiver. The failure of any Party to insist upon strict performance of any of the covenants, provisions or conditions of this Agreement shall not be construed as waiving or relinquishing any such covenants, provisions or conditions, but the same shall continue and remain in full force . d effect.i. 14. EXHIBITS. All Exhibits attached hereto contain ad.':zonal terms of this �fM , Agreement, and are incorporated herein by reference. v.�. IN,V�Yi% 15. AMENDMENTS. No modification, amend a - 01,.or alteration in the ffJ terms or conditions contained herein shall be eff� tive,�""toeless contained in a written ✓A,. document prepared, in recordable form, withe am formality as this Agreement and duly executed by all the Parties to this,.. _reement. ''.ditionally, this Agreement may be modified only until the earliest o"( e e):lowing times: (a) issuance of the first principal , 4g� building permit for the Dey: o.m)ztt Proje t; or (b) six (6) months after the date that this Agreement is authoriz- al s by the col Board. viri 16. / Ore VENA 'T RUNNING WITH THE LAND. This Agreement shall / r f constitut- cod Ian inning with the land and shall be recorded by the School Board, at th- 9`i..lican y. e pense, in the public records of Miami-Dade County, Florida, and shall - , remain i`'.1.1 force and effect and be binding upon the undersigned Applicant, and its heirs, successors and assigns, until such time as the same expires in accordance with the provisions hereof, or is otherwise modified or released pursuant to an instrument executed on behalf of the Parties. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 13 of 22 1 17. ASSIGNMENT. The Applicant may assign its rights, obligations and responsibilities under this Agreement to a third party purchaser of all or any part of fee simple title to the Property, subject to the terms and conditions contained herein. Any such assignment shall be in writing and shall require the prior written consent of all of the Parties, such consent not to be unreasonably withheld. At the election o the School Y f District, such consent may be conditioned upon the written agreement of t ';;'.'yv ee to assume all of Applicant/Assignor's duties and obligations under is ',: .eemen and to comply with conditions and procedures to aid in the monito r. 4 an enforo-ment of the assignee's performance of the Monetary Proportionyte Sh:. -•'ligation under this s,y Agreement. The Assignor under such assignment s 11 fu :s the Parties with a copy of the duly executed assignment, in recordable" . , .,wr in ten (10) days of the date of execution of same. The Parties furt t '.gree that . § assignment of this Agreement shall only be permitted where (a) the �pplial:: t/Assignor has mitigated for the public school / ', impacts of the subject Pro.:_:,. A th Monetary Proportionate Share Mitigation payment having been made, (bYt4A Agre•=10ht is being assigned to the purchaser of the subject Property, and the as Vip,..., ned'' onetary Proportionate Share Mitigation continues to be v n. used for the si , e•-rty. Purchased Capacity Credits may not be sold, transferred :.:,-,:y...4,,, %, or u^-d in a.?-1'wa sther than as provided for under this Section. Any sale, transfer or use of Pur:14¢�e..Capacity Credits in violation of this Agreement shall be deemed null and r,' void. 18. DEFAULT. If any Party fails to perform or observe any of the material terms and conditions of this Agreement for a period of thirty (30) calendar days after receipt of written notice of such default from another Party, the Party giving notice of SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 14 of 22 I default may terminate this Agreement by providing the parties with ten (10) days additional written notice. Failure of any Party to exercise its rights in the event of any breach by one or more other Parties shall not constitute a waiver of such rights. No Party shall be deemed to have waived any failure to perform by another Party unless such waiver is in writing and signed by the other Parties. Such waiver shall be lia ited to the terms specifically contained therein. ...4:044., fs J ' AI 19. COUNTERPARTS. This Agreement may be e ecutek three (3) counterparts, each of which when executed and delivered `; "::, .►e deemed to be an original; however, all such counterparts together at'1�e'z stit6 e but one and the same r instrument. Signature and acknowledgment�s�.ges, 'f any, `" ay be detached from the t .10.V.,.,, counterparts and attached to a single copy e t id ument to physically form one /document. The School Board shall -:. e last party'oexecute this Agreement. 20. RECORDIN ,DOC F - O ENTS AND FEES The School District shall record this Agre-,ent and .p elated documentation, including without limitation, Assignments, if any, ant: °elea es, within thirty (30) days after proper execution thereof, in the Pub`fk.•e xl •,' Miami-Dade County, Florida. The Applicant shall pay all .x4m7e. rec•.+aon f` tia is we e School District. All duly executed documents and applicable fees v ,vfr ,f shall b='e eliv= ed to the designated School District staff by the day specified herein. nfF .. 21. SEVERABILITY. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 15 of 22 7 remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. 22. WAIVER OF TRIAL BY JURY. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY OR PAR'B' S WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMEN r ''',4,,,, : . `aL, 23. TIME IS OF THE ESSENCE. Time '&,,. of • e ess,- ce in the performance of this Agreement. ,• ,A...4, ,�,fS 4`• \ 24. MERGER CLAUSE. This A• .eem t and"WExhibits thereto set forth 1, the entire agreement among the Parties, and i. t-'< ''- s all prior and contemporaneous negotiations, understandings and agr--ments,writt°'or oral, among the Parties. X44, 41 S`. ATU PAGE FOLLOWS] A- 3.. �r2 ,i:% ,%iii✓i« y, SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 16 of 22 -1 I WITNESS WHEREOF, the Parties have made and ex eGe this Agreement on the respective dates under each signature: APPLICANT/PROPERTY OWNER WITNESSES: SUNNY ISLES PROPERTY VENTURE LLC, a Delaware limited liab ility co mpan y . & . By: (S',-a! Name: Eduardo Imery > Title: Authorized Person :,-. ifr '^+ / xr 44 \, ¥ e i A\ / «/ A 7 t 0 W.;..,, • [Note: Joinder b Moz\ .ge duly executed and notarized mustbeattached h ro.] , .. yy l1 , t� s, &I/ , � ts f z y z f± i . k . w SCHOOL BO&RD7ko OR IONATE SHARE MITIGATION- - SUNNY qL SPROPERTY V NTUR,L C AGREEMENT-DRAFT G-e14/5 Page g w2 I APPLICANT'S ACKNOWLEDGMENT STATE OF FLORIDA ) ) SS: COUNTY OF ) d' Before me, a Notary Public, on the day of '.,,,ysfts4 4 2015, personally appeared 4 • .s. el (write-in name of authorized representative(s) <f; Y z Vii. , who [ ] is personally known to -'"I.or has produced as identification, and _',• ack wle lged before me that r,,, he signed the above instrument with full authe ity a set foj` therein, on behalf of the fr Applicant, '',„' ','� ,, r �. ?fit.. r. w4'� Notary: [NOTARY SEAL] js 4. Print Name: 5 lMy Commission expires: .✓ ..r' •his Oyu .l -4:- 1 SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 18 of 22 I SCHOOL BOARD THE SCHOOL BOARD OF MIAMI- DADE COUNTY,FLORIDA WITNESSES: {l0 By: -. s'.. -al) Alberto M. Carva. a , Superintenden>of Sc': ools Signature: ; Print Name: Date: " .: Signature: "' a� Print Name: FJ` y. yam: e, • RECOMMENDED: TO,A' TO THE SCHOOL BOARD: z% Approved as to Form and legal sufficiency: r. 1' 'f 6 sir - 'f'' 7,,, _,. ,.,,,, i, Jaime G. Tor . '- :pp' School Board Attorney Chien., .e -s 6 per 'r y�i SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 19 of 22 1 1 ACKNOWLEDGMENT STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 201_, by ALBERTO M. CARVALHO, as Super nt of Schools, acting on behalf of THE SCHOOL BOARD OF MIAMI; DAD CO TY, FLORIDA, a public body corporate and politic existing under t e a %t;.f thei-'r ate of Florida, who personally appeared before me, and is [ x] personall ow' -.■ e or [ ] produced as identification, and who fi,Ever a owle•ged that he signed the above instrument with full authority, as set forth; r on behalf of The School Board of Miami-Dade County, Florida. .,,y:y, 1e.. a N6 ry: [NOTARY SEAL] ice`,.. Print One: '.0 My Co mission expires: 4P, '(''.,3..„ , ',%.. I //,;;;:v.*:::_:..:7,0 '....‘ -ti, : v i �,, Y 4.. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 20 of 22 1 CITY OF SUNNY ISLES BEACH WITNESSES: CITY OF SUNNY ISLES BEACH 'r. By: ., �- 'v.. , Mir Mr . days 01_ 3.S 4 ,.1 ,�/ l ATTEST: . • r,, ty ,�� �' { f..„" , City Manager , City Clerk ' . / , 4S day of , 201 4;. ''N,' j` n /N. APPROVED AS TO FORM AND %, %�; LEGAL SUFFICIENCY: /' ,`"p %, 4, By ~' i City Attorney f 1:4,-. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 21 of 22 I I ACKNOWLEDGMENT STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The_ foregoing instrument was acknowledged before me this day of , 201_, by as Mayor 1 and by as City Manage „!.. .:4,'', g on behalf of the City of Sunny Isles Beach, a Municipal Corporation,z isting un.-r the laws of the State of Florida. They personally appeared before me, nd a`:; x] pa onally known to me or [ ] produced as iden 'frcatio; and who acknowledged that they signed the above instrument with 4 1 au. ority, as set forth therein,on behalf of City of Sunny Isles Beach,Florida. s YT's ... 60; ; � i f•. i r. y 1? /,' Notar [NOTARY SEAL] / Print -1 ame: '. .. My Commission expires: / '.-,,,* 'f rib ✓” ,,,,z44% S? SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 22 of 22 I. Exhibit "A" (Legal Description of Property) Property Address: 15701 Collins Avenue, Sunny Isles Beach,FL fs Legal Description: ft1 The North 'A of Lot 77, and all of Lot 78, TATUM'S OCEAN BEACH PA' ;%? cor.' . to the plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of a r i-Da. f,ou k;,,, Florida, Ib:• lying East of the following described line: Beginning 290.00 feet We 11 of t ; •` i_terly monum:`+t of the South line of Lot 76 of the aforesaid subdivision, thence North 11°11' 14.'East, : dista dual 611. 59 feet to the North line of Lot 81,of said subdivision. ` , ?,,. ,._ *** .j *4`>. F Property Address: -, }% `F� , 15795 Collins Avenue, Sunny Isles Beach,FL ' ;, � `,, y L j%h Legal Description: ' �s;,- Lot 79 of TATUM'S OCEAN BEACH PA's.,, ac *.sing ;,,the Plat thereof, as recorded in Plat Book ay /:=ck� 5,. 5, at Page 35, of the Public Recort a,of Mia`t,,Da.:“14;ou`L5 Florida, which lies East of the Easterly right of way line of State Road 0 -A per State Ro o R)a t of Way Map Section 87060-2104, Miami-Dade County,Florida. s t ''�` .,. ,,,ff>` Or, ,�_, ALSO KNOWN AS: '�1 .,„ ;, 2 Q. Lot 79 of TATUM'S 0),... K ,Tf? B ''',v, PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Pu. ii” ds'VI, Miami-Dade County, Florida, which lies East of the following described li .^il : B 4„ '°n eet West of the most Easterly monument on the South line of Lot 76 of TA 4' 01 AN o ACH 'ARK, North 11°11'16" East for a distance of 611.59 feet to the North a Lo �>.,4�•45% U-.2.,0, OCEAN BEACH PARK. f EXC ry 44, '' ,. TPe hat portio`f'3. !: .foredescribed premises hereto deeded to Miami-Dade County,Florida, for highway purposes. "" I . ---"- ---- vaucru%M3.9•M11,1 Iona n19 own A un JljINGAV SN=1700 MO V I0tt1 1 l (n txS rialNo A3ANflS OIHdVFJDOdOi 8 AVVONf108 1 111/1 • 9 .7..21.1s•� �; ;t 1L'1a 1 I , 1 i III 111 •HJ1 1 t , 1 1 I!r t i,`�!j ,{{=I I I I ! �; ! ,II!tf'1 _ { F ,;I ►1r { 1 r `�) it 1)'I j 1'13+ gli; 11 I. it 11{1 p ,1 {'1+ '1 r''11 III I i s; `. 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NV39O OLLNV11V ' —'—'— ....._ i.. _ 1111 I 1 '— i I!Illllll 1 Iii;;:iih• I, 1 i ''ill i li i r 1 .wez -- Tfr_ 31111471rIr 11 I I —__ — _- ::1:1.5:;: 1 `_• 11 ft- (I�I S, I 1 • • 40.-.--?_—_, 1 1 �� 1 I {I.+. _'_ L.-- I r ' ` ' 1 T r �'� _r -- _.. 1 .i.. E1 r=te.ti j 4:13,, �r""1 -, I.Di tA'. • i i.� :.; �I I h, 1 ,itiv,rY'-"sii� . < 9 i :. . . ono.oa4a. if•+j I:f;k el t1. p., +i17�".? �'1 i:: I J r. ( ..•ka F, i ,..,N.y.= ' 1 9 tl 1 1-; ;, Y 'I.-1�,_, „1--1-=4' 1 .i Is a ' — — — — — "�� I�"`ill t; q -v...• ' I v mou es• _ 'rr��pj� a� 3.iv1^v'I __ t. - - ~{Sr �,+.ar,a.. -�"tr•v��aVIVA3Y100 +rv3ooi ,3�---- 1 - - — s is.���. _� - • J —• ,.-C.:.,•\ — — v.: $V�5 -;1 L'-'4'g' _ I. <o.,...._....,. I• —I 5/15/2015 Item Coversheet o�J"wY-',re City of Sunny Isles Beach _ "b � 18070 Collins Avenue u = Sunny Isles Beach, Florida 33160 ,� -a/P y�• (305)947-0606 City Hall ''e 2) ,0 ,,+° (305)949-3113 Fax Js 5VK MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Planning and Zoning Administrator DATE: 5/21/2015 Resolution approving Proportionate Share Mitigation RE: Agreement between the School Board, Sunny Isles Property Venture, LLC, and the City. • RECOMMENDATION: It is recommended that the City Commission adopt the proposed Resolution approving Proportionate Share Mitigation Agreement between the School Board, Sunny Isles Property Venture, LLC, and the City. REASONS: Similarly to the approved School Board Concurrency Agreement under Resolution No. 2014-2353 adopted on December 18th, 2014 which the Commission approved for the Muse project, this agreement will allow the Public School concurrency requirements for the Ritz Carlton project to be satisfied. By executing a binding Proportionate Share Mitigation Agreement (the "Agreement") between the School Board, Sunny Isles Property Venture, LLC (the "Applicant") and the City requiring the Applicant to provide mitigation funds for public school facilities created by the Project and requiring the City to withhold all building permits until the mitigation payments have been made by the Applicant. Staff is requesting approval of the Agreement subject to continuing negotiations to ensure that the funds are allocated to school projects in the City. ATTACHMENTS: Description Resolution Mitigation Agreement Item Number: 10.G. • httpJ/sunnyisles.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=1654 1/1