Allow temporary occupancy before completion of mixed-use Catalonia/Malaga Avenue project

Page 1 of 5 - Resolution No. 2025-468 CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2025-468 A RESOLUTION OF THE CITY COMMISSION AMENDING RESOLUTION NO. 2022-81 WHICH APPROVED A MIXED-USE SITE PLAN FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS 5 THROUGH 27, BLOCK 28, CORAL GABLES CRAFTS SECTION (340, 330, 322, 314, 310, 300, CATALONIA AVENUE, 301, 309, 317, 323, 325, 333, 341 MALAGA AVENUE), CORAL GABLES, FLORIDA TO ALLOW FOR CERTAIN WORK TO BE COMPLETED AFTER THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY SUBJECT TO THE TERMS OF A PERFORMANCE BOND. WHEREAS, pursuant to Ordinance No. 2022-14 and Resolution No. 2022-81, the City approved a mixed-use project, including required conditions of approval, for the “Alexan Crafts” project located at 330 Catalonia Avenue (the “Project’), including the undergrounding of certain public utilities; and WHEREAS, Section 10 of the Conditions of Approval in Section 2 of Resolution No. 2022-81, provides in relevant part that prior to issuance of the first certificate of occupancy or temporary certificate of occupancy, certain conditions must be satisfied, including undergrounding of certain public utilities, right of way improvements, and construction of public park enhancements; and WHEREAS, Developer has obtained a building permit from the City, under permit number PAFF-22-09-0068, and associated sub-permits, for, among other things, (1) utility work, including undergrounding; (2) right-of-way and bike lane improvements along Salzedo Avenue; (3) streetlight installation; (4) construction of bump out along portions of Catalonia & Malaga fronting the project; (5) completion of the improvements related to a 6,805 +/- SF public open space that will be dedicated to the City; and (6) final pavement restoration work along the south side of University Blvd. (the “Remaining Work”); and WHEREAS, in accordance with the permitting process and approved Ordinance and Resolution, the Developer is completing outstanding work that has been delayed by circumstances beyond its control; and WHEREAS, the costs of the Remaining Work has been calculated to be One Million Twenty Seven Thousand Seven Hundred Twenty Two and 15/100 Dollars ($1,027,722.15); and WHEREAS, the Developer has retained a contractor that is actively performing the park and right-of-way improvements associated with the Remaining Work, and has made a payment to Florida Power & Light (FPL) for the completion of related utility work, but while most of the Remaining Work will be completed within sixty (60) days, the Remaining Work will be fully completed within one hundred fifty (150) days; and WHEREAS, Developer seeks to apply to the City for a temporary certificate of occupancy for the Project; and Docusign Envelope ID: F309F8A4-7E63-4842-A2F2-EC5114DED9DD Page 2 of 5 - Resolution No. 2025-468 WHEREAS, as more fully set forth in the Performance Bond Agreement attached hereto as Exhibit A, the Developer has agreed to post a Performance Bond to allow for the issuance of the temporary certificate of occupancy, while ensuring the construction and completion of the Remaining Work as described therein; and WHEREAS, the City Commission has reviewed and considered the request and finds that the request to approve the Performance Bond to allow for the issuance of the temporary certificate of occupancy;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon the adoption hereof. SECTION 2. That the City Commission authorizes the City Manager to accept the Performance Bond, in substantially the form attached as Exhibit A, with such modifications approved by the City Manager and City Attorney consistent with the Commission’s intent, to allow for the issuance of the temporary certificate of occupancy. SECTION 3. That Resolution No. 2022-81 is amended to allow for the Remaining Work to be completed within 150 days of the issuance of the Temporary Certificate of Occupancy, subject to the terms set forth in the Performance Bond. All other provisions of Resolution No. 2022-81 remain unchanged and in full force and effect. SECTION 4. That the City Commission authorizes the City Manager and the City Attorney to approve an amended restrictive covenant consistent with the amended conditions approved in this Ordinance, if necessary. SECTION 5. That this Resolution shall become effective upon the date of its passage and adoption herein. PASSED AND ADOPTED THIS DAY OF NINTH DAY OF DECEMBER, A.D., 2025. (Moved: Anderson / Seconded: Fernandez) (Yeas: Lara, Anderson, Castro, Fernandez, Lago) (Unanimous: 5-0 Vote) (Agenda Item: E-14) Docusign Envelope ID: F309F8A4-7E63-4842-A2F2-EC5114DED9DD Page 3 of 5 - Resolution No. 2025-468 APPROVED VINCE LAGO MAYOR ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BILLY Y. URQUIA CITY CLERK CRISTINA M. SUÀREZ CITY ATTORNEY Docusign Envelope ID: F309F8A4-7E63-4842-A2F2-EC5114DED9DD Page 4 of 5 - Resolution No. 2025-468 Performance Bond Agreement for Alexan Crafts Project Improvements BOND #__________ KNOW ALL MEN BY THESE PRESENTS: That DRI/MAPLE CORAL GABLES LLC (hereinafter called the Principal), and ____________________________ (hereinafter called the Surety), are held and firmly bound unto the City of Coral Gables, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter called the Obligee), in the penal sum of ONE MILLION TWENTY SEVEN THOUSAND SEVEN HUNDRED TWENTY TWO and 15/100 Dollars ($1,027,722.15), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal contemplates construction of the following improvements under Ordinance No. 2022-14, as amended by Ordinance No. ___, and Resolution No. 2022-81, as amended by Resolution No. ____, and pursuant to the permits issued for such purposes under master permit number PAFF-22-09-0068: (1) utility work, including ungrounding; (2) right-of-way and bike lane improvements along Salzedo Avenue; (3) Streetlight installation ; (4) construction of bump out along portions of Catalonia & Malaga fronting the project; (5) completion of the improvements related to a 6,805 +/- SF public open space that will be dedicated to the City upon completion; and (6) final pavement restoration work along the south side of University Blvd. (the “Remaining Work”). The Principal shall complete the Remaining Work within one hundred fifty (150) days of the issuance of the Temporary Certificate of Occupancy. The Principal shall be responsible for, and shall pay to said Obligee, all costs of proper and timely completion of all such construction and improvements.

NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said permit at the time and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect. It is mutually agreed between all parties hereto that if the Surety shall so elect, this bond may be canceled by giving sixty days notice in writing to Obligee, and this bond shall be deemed canceled at the expiration of said sixty days from date of receipt of such notice, and said Surety remaining liable for all or any fees or penalties covered under this bond, which may have accrued up to the date of such cancellation, under the terms, conditions, and provisions of this bond. PROVIDED, HOWEVER, That this bond is subject to the following conditions: 1. In the event of default by the Principal, Obligee shall deliver to Surety by certified mail, a written statement of the facts of such default, within thirty (30) days of the occurrence. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume the remainder of the obligations under said permit and to perform or sublet same; c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the obligations under said permit price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the Principal. Docusign Envelope ID: F309F8A4-7E63-4842-A2F2-EC5114DED9DD Page 5 of 5 - Resolution No. 2025-468 2. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee. 3. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 4. If any conflict or inconsistency exists between the Surety’s obligations or undertakings as described in this bond and as described in the underlying permit, then the terms of this bond shall prevail. Signed and sealed this _________ day of __________________, 2025. PRINCIPAL: SURETY: _____________________________ (seal) _________________________ (seal) _____________________________ _________________________ (Name & Title) Attorney-in-Fact Docusign Envelope ID: F309F8A4-7E63-4842-A2F2-EC5114DED9DD