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Res No 045-13-13863P, as s; 49L RESOLUTION NO. 4 5 -13 -13 8 6 3 A Resolution relating to the review and acceptance of the Annual Housing Report of the RRC 57 Avenue LLC [Red Road Commons], on their mixed -use development project located at 6700 SW 57 Avenue; said report required by section 2f of the Development Agreement between the City of South Miami and RRC 57 Avenue LLC by the adoption of Ordinance No. 12 -05 -1834. WHEREAS, the owners and operators of the Red Road Commons development, pursuant to the Development Agreement dated March 29, 2007, between the City of South Miami and RRC 57 Avenue LLC, is required to submit an annual housing report to the City Manager; and WHEREAS, the development agreement Section 2f stipulates that a minimum of ten percent (10 %) of the residential on the property will rent to individuals or families in the Moderate Income Segment of the affordable housing group; and WHEREAS, as 2012 area median income for Miami -Dade County was $52,600; and WHEREAS, the December 31, 2012 report delivered to the planning department by Red Road Commons, shows that 390 units were rented, of which 40 units were rented to individuals or families that qualify within the Moderate Income Segment, according to the report; and WHEREAS, the Planning Department reviewed the Annual Housing Report and finds that it is in compliance with the provision of Section 2f of the Development Agreement, based on the data reflected in the report. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Annual Housing Report for the Red Road Commons development submitted on January 14, 2013 is hereby accepted by the City Commission for the calendar year 2012 based on the assumption that the data reflected in the report is correct and without waiving the City's right to investigate the truth of the representation made in the report at some future date. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 5t-h, day of March 2013. ATTEST: READ ,A LANGU CITY h(TTORNEY APPROVED: VED AS TO FORM, COMMISSION VOTE: g0F Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman Commissioner Harris: Commissioner Welsh: 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor and City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICPV1 Planning Director ez / Date: February 27, 2013 ITEM No. SUBJECT: A Resolution relating to the RRC 57 Avenue LLC [Red located at 6700 SW 57 Ave. Agreement between the City Ordinance No. 12 -05 -1834. SUMMARY review and acceptance of the Annual Housing Report of the Road Commons], on their mixed -use development project nue; said report required by section 2f of the Development of South Miami and RRC 57 Avenue LLC by the adoption of The City Commission at its April 5, 2005 meeting approved Ordinance No. 12 -05 -1834 allowing for a Planned Unit Development, Mixed -Use project known as Red Road Commons located at 6600 -6640 SW 57 Avenue, to be constructed that included up to 407 multi- family residential units, retail uses, office uses and a parking garage. Pursuant to the requirements of the Development Agreement between the City of South Miami and RRC 57th Avenue LLC, executed March 29, 2007, the developer's legal counsel submitted their annual report on the Moderate Income Housing requirement of the agreement. Section 2f of the Agreement stipulates that "...ten percent (10 %) of the units will rent to individuals or families in the moderate income segment of the affordable housing group... ". The 2012 area median income for Miami -Dade County was $52,600. The property was developed with a total of 404 units. Based on the information provided by the owners representative, 390 units were leased as of December 31, 2012. Additionally, the report contains the Affordable Housing Compliance Report for the year ending December 31, 2012, which indicates that a total of 40 units are currently rented to individuals and /or families that qualify within the moderate income group. Based on the total number of units rented as of December 31, 2012, the Development is in compliance with the provision of Section 2f of the Agreement. Backup Documentation: • Resolution • 1 lousing Report Letter and List of Units • Development Agreement Dated March 29, 2007 L:\Commission Items\2013\3 -5 -13 \RRC 57 AVE_ 2013 Annual Housing Report\RRC Housing Report_CM Report_2- 27- 13.docx BAzin S mbe"p AT Or0RKIEVS AT LA\A; Via Hand Delivery Mr. Steven Alexander Interim City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: "Red Road Commons" Property: 6600 SW 57 Avenue, South Miami, FL Housing Report Dear Mr. Alexander: Jerry a. Proctor, Esq. Tel 305.350.2361 Fax, 305.351.2250 jproctor @bilzin.com January 14, 2013 JAN 15 2013 Our firm represents the owners and operators of the "Red Road Commons" mixed use development at 6600 SW 57 Avenue (the "Property ") in the City of South Miami. Pursuant to the Development Agreement between the City of South Miami and RRC 57t' Avenue, LLC, a copy of which is enclosed, a minimum of ten percent (10 %) of the residential units on the Property will rent to individuals or families in the Moderate Income Segment of the Affordable Housing Group. This requirement is contained in paragraph 2f on page 3 of the Development Agreement.' Determination of the Moderate Income Segment is made annually through the provision of the Area Median Income from Miami -Dade County by the United States Department of Housing and Urban Development. The area median income for Miami -Dade County is $52,600, as determined by U.S. Housing and Urban Development in Fiscal Year 2012. Moderate income is defined as those earning between 80% to 120% of the annual median income. Accordingly, the current income level per unit to comply with the 10% requirement is between $42,080 per year and $63,120 per year. Enclosed please find a list of the units where the residents comply with the Moderate Income Segment and, therefore, qualify the units as such pursuant to the Development 1/ I have also attached an "Amendment to Development Agreement," recorded on March 25, 2010, that did not amend the housing component of the Development Agreement. MIAMI 3500892.177430/27649 1/15/13 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, 23rd Floor, Miami, FL 33131 -3456 "Fel 305.374.7580 Fa;: 305.374.7593 Ri Steven Alexander. City of South Miami January 14, 2013 Page 2 t: Agreement.' As of December 31, 2012, 390 units in "Red Road Commons" were rented out; accordingly, the attached list of units and incomes complies with the 10% requirement. I trust this submittal complies with the annual housing requirement in the Development Agreement. Please give me a call if you have any questions. Sincerely, Jerry B. Proctor JBP: id c: Maria Menendez, City Clerk, City of South Miami (w /encl.) Christopher Brimo, AICP, Planning Director, City of South Miami (w /encl.) Thomas Pepe, Esq., City Attorney, City of South Miami (w /encl.) Nicole Kline, Property Manager, Red Road Commons (w /encl.) 2 /Residents in Units A -312 and B -525 are continuing past lease expirations on a month -to -month basis. MIAMI 3500892.1 77430/27649 1/15/13 BILZIN SUMBERG BAENA PRICE & AXELROD LLP This instrument prepared under the supervision: and when recorded return to: Jerry B. Proctor, Esq, Bilzi.n Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Mianii, Florida 33131-2336 DEVELOPMENT AGREEMENT !�Iit Ifflt fill 1111!. . OR 0k 2W6 Fos 0052 — 721 (21pss) RECGRDED 0313012007 15102 *1 HARVEY RUVINt CLERK OF COURT MIAMI -0ADE COUWTYt FLORIDA (Space Reserved for Clerk) This Tlavalnnmn.nt Agrao1" nt is marlr no ref tlnio {'!tAayi^ emn7 ". r .,, A a. a,a� � v♦vavNauvr.aa A15&vvu a vi,a an taauuv ca.r v uuk� czk • WL1 - - r, ,t -�r�r 1, V'y Qllu between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57t1i Avenue, .LLC ( "Applicant "), Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement rurining with the title to the land, which shall be binding on. and shall inure to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( ". Development Agreement ") is released in writing as hereinafter provided; TVHERL;AS, Applicant owns the property in the City, in Miami -.Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property "), and i•VHERls"AS, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in S — 163.3243, Florida Statutes, (the "Act ") provides for the execution of development � execution of the development . agreement shall govern the development of the land for the duration of the agreement. i This instrument prepared under the supervision: and when recorded return to: Jerry B. Proctor, Esq, Bilzi.n Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Mianii, Florida 33131-2336 DEVELOPMENT AGREEMENT !�Iit Ifflt fill 1111!. . OR 0k 2W6 Fos 0052 — 721 (21pss) RECGRDED 0313012007 15102 *1 HARVEY RUVINt CLERK OF COURT MIAMI -0ADE COUWTYt FLORIDA (Space Reserved for Clerk) This Tlavalnnmn.nt Agrao1" nt is marlr no ref tlnio {'!tAayi^ emn7 ". r .,, A a. a,a� � v♦vavNauvr.aa A15&vvu a vi,a an taauuv ca.r v uuk� czk • WL1 - - r, ,t -�r�r 1, V'y Qllu between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57t1i Avenue, .LLC ( "Applicant "), Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement rurining with the title to the land, which shall be binding on. and shall inure to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( ". Development Agreement ") is released in writing as hereinafter provided; TVHERL;AS, Applicant owns the property in the City, in Miami -.Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property "), and i•VHERls"AS, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 — 163.3243, Florida Statutes, (the "Act ") provides for the execution of development agreements to insure that the law in effect at the time of the execution of the development . agreement shall govern the development of the land for the duration of the agreement. NOTY, TIIERTST'ORE, in. consideration of the covenants, conditions, and promises herein. contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the City hereby agree as follows: IMIAM] 819310.15 7326021531 3!29/07 �n &: 1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. a Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the.adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. e. Development of the Property shall be in one (1) phase. f. A building permit for development of the project must be applied for within 6 months of the date on which this final development agreement is signed, notwithstanding the provisions of LDC Section 20- 3.7(i), Expirations of PUD Approvals. 2, Public Facilities: In order to enhance public facilities in the City of South Miami, Applicant agrees to provide services in compliance with Section 204.1 of the Code of the City of South Miami, including: a. Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. c. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate $928,000 in one lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. Interest calculations are indicated on attached Exhibit "B ", incorporated herein by reference. e. Traffic - Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -turn, northbound entrance lane on Red Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this KAB/II 819310.15 7326021531 3/29/07 2 Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) . directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. f Housing — A requirement often percent (10 %) of the units will rent to individuals or families in the moderate income segment of the affordable housing .group. If the residential units convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families in the moderate income segment of the affordable housing group. In analyzing compliance with this paragraph., the City shall allow minor deviations resulting from short -term vacancies. Incomes shall be based on Area Median Income (AM.I), as defined by the U.S. Department of Housing and Urban Development. Proof of Compliance with this requirement on an annual basis shall be provided in writing on or before January 15 of the following year to the City Manager. In addition, the Applicant shall make a payment of z 100,000 to tic City on or before the issuance of the first certilieate of use and occupancy for the development on the Property, to be placed in a City trust fund to assist in the development of low income housing in the City's Community Redevelopment Agency area. 31 Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. T11is provision shall not abrogate any of the Property Owner's .rights to file appeals of Tax Assessments 1.or the .Property, in accordance with the laws of .Miami -Dade County. 4. Work Force: In an effort to enhance job opportunities for local citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Couunutlity Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (1) bids for construction work on the Property, (2) bids for temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants from the City of South Miami, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the .Property. Payment for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. MIAMI 519310.15 7326021531 3 3/29/07 0: 5, Site Plan. O; a,: a. Applicant shall retain stormwater drainage runoff on site in accordance with City regulations, b. Applicant shall provide on site security. As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to assure emergency access by public safety vehicles. c, The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. d. The exit for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. The exit shall be closed with a gate to prevent turn out between the hours of 7:00 A. M1. anal 10:00 A.M., Monday through Friday. e. Applicant shall provide a minimum of one (1) stop location on site for service by the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57t1i Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minin7ize traffic impacts. f. Applicant shall provide and maintain Iandscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Cornrnunity Center shall be uniform in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. h, Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. i. Applicant shall provide a master signage plan for project identification, traffic, routing, and retail stores prior to final project approval by the Environmental Review and Preservation Board (ERP.B). j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. k. Applicant is to assure that the refuse service areas shall be large enough to accommodate adequate dumpsters. The final number and dimensions of service MIAMI 819310.15 7326021531 3/29/07 Ll I t • areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. All parking and street improvements placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. m. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted plaster site plan. o. Applicant shall open up the paseo on the north side as shown on the amended site plan, as approved by the Planning Board, in order to break up the long facade of the residential building. P, Applicant and the City shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and. locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate the on- street parking; spaces located on SW 66 Street. r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5q, requiring removal of on- street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on -site street parking. S. The Applicant will commit to participate in a joint working group with the First Methodist Church of South Miami and municipal, county and state agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedestrian improvements and beautification for Red Road. Applicant will contribute the construction cost of specific pedestrian enhancements agreed upon by Applicant and the First United Methodist Church of South Miami, The Applicant will present plans for traffic permits indicating travel lanes of 10.5 feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced "landing zone" for pedestrians in the center of Red Road between the Property and the First United Methodist Church to the east, subject to the approval of Miami -Dade County and the State of.Florida Department of Transportation. A41 AM 1 819310.1 7326021531 5 3/29/007 s m f. The Applicant shall not exceed a noise .level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U, The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami -Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject school's educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 7. Unity of Title: Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1.), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows: 8. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the Master Plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Applicant of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 9. Impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement, MIAMI 819310.15 7326021531 6 3/29107 10. Coneurrenev and Consistency. The Application. together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in. Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development :Regulations. Additional Requirements, 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of ten (10) years after the date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. 11 -05 -1833. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terns of the ag.reenlent. The City Commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to cure the non - compliance. The Applicant shall have 45 days after the expiration of the 15 -day .notice period to begin to cure the non- compliance, after which the Agreement may be revoked or modified by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is terminated. 13. Modification. The provisions of this .Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed by the then Owners of the Property and the City. Any modifications to the Site Plan must comply with the regulations for amendment to PUD -M development contained in Chapter 20 of the City Land Development Code. 14. Enforcement. The City, its successor or assigns, and the Applicant, its successors and assigns, shall have the right to enforce the provisions of this Development Agreement. Enforcen.ent shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and hi1Av11 519310.15 7326021531 7 3/29/07 01 disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. Attorney's fees'payable under this paragraph shall not exceed 25% of the judgment. 15. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida, The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 1.6. Authorization to Withhold Permits and Inspections. In the event the Applicant(s) is /are obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is complied with. 17. Representations of the Applicant. Applicant represents to the City as follows: a: The execution, delivery and performance of this Agreement and all other . instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. b. This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its temns. C. There are no actions, suits or proceedings pending or threatened against or affecting Appl.i.cant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. c. Applicant has the financial capacity to pay or advance in the City all fees and payments as required under this Agreement. 18, Severability. If any provision of this Development Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be MIAMI 519310.13 7326021531 8 3/2)107 ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included. items or terms are included without limitation as to, any other itenns or terms which may fall within the listed category. 20. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. Paragraph headings are for convenience only and reement- t shall not be used to construe or interpret his Am - - - - - — - — - - ----- - - - - -- 22. Applicable Laws, Jurisdiction, and Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami - Dade County, Florida. 23. Notices. Any notices or reports required by this Agreement shall be sent to the following: For the Citv: City Manager City of South .Miami 6130 Sunset Drive South Miami, Fl, 33143 Copy to Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Fl, 33143 NUAMI 519310.15 7326021531 9 3/29;07 ON For the Applicant: Irma Abella, Esq. General Counsel's Office University of Miami 1320 South Dixie Highway, Suite 150 Coral Gables, Fl. 33125 Copy to: Jerry B. Proctor, Esq. Bil.zin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne .Boulevard, Suite 2500 Miami, Fl. 33131 24, Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instr rrient. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. 'Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 26. Survival. Any covenant, tens or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Agreement, This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or wanvanties, express or ianplied, oral or written have been made by any party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, MIAMI 819310.15 7326021531 3/29/07 10 discussions, negotiations, possible and alleged agreements anal representations, covenants and warranties with respect to the subject matter hereof, are waived, merged herein and superseded hereby. Each party affinnatively represents that no promises have been made to that party that are not contained in. this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been signed by tenth thn Annlinnnt anri thr. r1ty the Annlir%nnt shall Onngte n nnnv of tha. Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County, 31.1 Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 32. Effectiveness, This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement, shall not become effective until the Park donation is established and agreed upon by the Applicant and the City in accordance with Paragraph #2d. If the Park donation is not established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. IN WITNESS )VHEREOF, these presents have been executed this c:PwC) day of aron , 2007. MIAN/I 1819310.15 7326021531 3P9/07 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNOW ALL MEN BY .THESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions contained therein, dated and attached hereto. DATED this _._4� day of/6 , 2007. CITY OF SOUTH M By: LERK Maria M. Menendez STATE OF_ ` ° )SS COUNTY OF Yvonne Soler- McKinley City Manager T1.. e foregoing instrumen %' t was acknowledged before me this � � day of ��� 1 2007 by i j` : t l r- 4 F- of the City of South Miami and attested to by aria M. Menendez , City Cleric, of die City of South Miami who are ( ) personally known to me or ( ) produced a valid driver's license as identification. My Commission Expires: 3- /66 .�ihe' e MIAA11 &1.4 1.4 )=}s_)13._U_� i? 7326021531 3/28/07 Notary Publi Maria M. Menendez c:-°- ,. Sign Name: i� .; �;:- „z�:.✓ — Print Name: 1` Mariam Menendez Serial No. (None, if blank.): [NOTARIAL SEAL) s °ar QGo MARIA, MI. MENENDEZ �t a^ MYCO MMISSfON G7271979 - -m8 IN WITNESS WHE OF, the undersigned party has agreed to this Development Agreement dated as of the day of M mb , 20070 W' n sses: �.7 Print Name:' C:t ► •��� STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) (4 r RRC 57TH Avenue, LLC, a Florida limited liability company By: University of Miami, a Florida non - profit corporation, its sAe_lxiember Y ame: Joseph Title: Senior and Finance EM oli President for Business The foregoing instrument was acknowledged before me thiV day o 2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity of Miami, a Florida non - profit corporation, the Sole Member of RRC 57`h Avenue, LLC, a Florida limited liability company. Hg /She is personally known to rl?g or has produced a State of driver's license as identification. My Commission Expires: Sign Name: Print Name: Serial No. (nc MIAMI 819310.15 7326021531 13 3/28/07 [NOTARY SEAL] NOTARY PUBLIC -STATE OF FLORIDA Melody M. Smith Commission # DD589811 Expires: OCT. 10, 2010 BONDED TNRL' ATI MTIC BONDING CO., INC. EXHIBIT "A" Legal Description Parcel 1: All of Tract 1, of the REVISED .PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East 75 feet of the West 175 feet of the South 125 feet of said Tract. Parcel 2: The .East 75 :feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. Parcel 3: The North 132 feet of the SE '/4 of the NE %4 of the SE '/4 of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE '/ of the NE '/ of the SE '/ of Section 25, Township 54 South, Range 40 East. Parcel 4: That part of the SE % of the NE '/4 of the SE %4 of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the SE corner of said SE '/4 of the NE i/ of the SE '/4; thence run West along the South line of said SE %4 of the NE %4 of the SE '/4 for a distance of 185 feet for a Point of Beginning; thence run North parallel to the East line of said SE' /4 of the NE 1/4 of the SE 1/4 for a distance of 150 feet; thence run West parallel to the South line of said SE '/4 of the NE '/4 of the SE %4 for a distance of 100 feet; thence run parallel to the East line of said SE '/ of the NE '/ of the SE '/4 for a distance of 150 feet to the South line of said SE '/4 of the NE '/, of the SE '/4; thence run East along said South line of the SE i/4 of the NE '/4 of the SE '/4 for a distance of 100 feet to the Point of .Beginning, less the South 25 feet for public road purposes. Parcel 5: The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat .Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. .Parcel 6: A portion of Tract 1, REVISED PLAT OF recorded in Plat Book 35, at Page 72, of the more particularly described as follows: FERNWOOD, according to the Plat thereof, as Public Records of Miami -Dade County, Florida, That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast MIAMI 125 8979.1 7332426731 Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North parallel to East line of said Southeast Quarter of Northeast Quarter of Soutl -east Quarter 150 feet; thence run West parallel to South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence run South parallel to the .East. line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BEGINNING, LESS the South 25 feet for public road. MIAMI 1258979.1 7332426731 «; EXHIBIT "B" PROPOSED — PARK CONCURRENCY Red Road Commons On or before the issuance of the first building permit for the Project, the Applicant will pay a Park and Recreation Concurrency fee (the "Park Fee ") to the City of South Miami (the "City ") of $928,000. This payment will- reserve sufficient park concurre.ncy to satisfy the demand of up to 409 multifamily residential units to be developed on the Property and will be reserved as such for as long as the °Development Agreement" governing the Project remains in full force and effect. In addition to the Park Fee, the Applicant will pay an interest fee (the "Interest Fee ") 'to the City .for interest acoruing after the City's approval of the Development Order for the Project on April 9, 2005. If the Interest Fee is paid on or before November 17,2006, said Fee-is $43,173.60. If the Interest Fee is paid. between November 18, 2006 and February 17, 2007, said Fee is $53,1646200 If the Interest Pee is paid between February 18, 2007 and May 17, 2007, said Fee is $58,826.40. if the interest Fee is paid between May 182 2007 and August 17, 2007, said fee is $64,40140. If the Interest Fee is paid between August 18, 2007 and November 17, 2007, said Fee is $69,895.208 MIAMI 1154595.1 7000000147 APPLICATION: REQUEST: ACRES: LOCATION: NUMBER OF UNITS: M SA: ESTIMATED STUDENT POPULATION, ELEMENTARY, MIDDLE. SENIOR: * *REVISED** SCHOOL IMPACT REVIEW ANALYSIS November 16, 2004 Red Road Commons Development under the existing TODD (MU4) zoning 7.09 net acres 6600 and 6640 SW 57th Avenue and 5757 SW 68th Street, South Miami 143 units (Current TODD Zoning allows for 266 residential units. Developer is proposing 409 residential units, thus generating a net density increase of 143 units) 5.3 = 0.20 Multifamily 29 students* 13 7 M SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY. Sunset Elementary - 5120 S.W. 7'2 Street Coral Gables Elementary — 450 Bird Road G. W. Carver Elementary - 238 Grand Avenue MIDDLE. Ponce De Leon Middle -5801 Augusto St. SENIOR HIGH: Coral Gables Senior -450 Bird Rd. *Based on Census 2000 Information provided by Miami -Dade County Department of Planning and Zoning. Z'd 09LIPSBGSOE SWIWNUHld 3IIS Wdab:S f100a b 089 The following population and facility capacity data are as reported by the Office of Information Technology, as of September 2003: STUDENT FISH DESIGN % UTILIZATION NUMBER OF Yo UTILIZATION POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN PERMANENT CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABLE Coral Gables 7581 467 182 %1 62 '143 ° /.J Elementary 762'' 183 %* 144 %* Sunset Elementary '1,0821 734 147%1 208 115%1 1,086 148%* 115%* G. W. Carver 6011 416 144 % / 66 125%1 Elementary 605` 1440/6` 125 %* Ponce Ds Leon 115321 125 % / 108%/ Middle 1539* 1,225 126 %* 198 108%* Coral Gables Senior 316091 21092 "173 °,6 / 05 165 % / 33618* 173%* 165%* * Increased student population as a result of the proposed development Note: 1) The cumulative effect of other approved or proposed developments in the vicinity is not Included as part of this analysis. 2) Figures above reflect the impact of the class size amendment. 3) Pursuant to the Interlocal Agreement, Coral Gables Elementary, Sunset Elementary, G. W. Carver Elementary and Coral Gables Senior High schools meet the review threshold. ADDITIONAL SCHOOL INFORMATION., The following information was provided by school site personnel or other data sources in October 2003: Sunset Elementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non - instructional space utilized for Instructional purposes: Teachers required to floatftravel: E ' d 091.t75BE50C In each classroom and Media Center daily access Classrooms and Media Center Grade "A" Before- school care, Magnet programs, enrichment classes and after Begins at 10:30 a.m. — ends 1:00 p.m. None Fourteen teachers SWIWWU ld 31IS Wdai•:G 17000 bI Deg Coral Gables Etementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule. Non4ristructionat space utilized for Instructional purposes, Teachers required to float/travel. G. W. Carver Etementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non- instructional space utilized for Instructional purposes: Teachers required to float/travel: 09L-1r566SOE In each classroom (PK -5t' grade), special computer labs and Media Center None "A+" Florida School After - school care From 10:25 a.m. to 1:00 p.m. Auditorium Lobby, ESOL pullout and CCHL pullout Spanish S, Spanish SL, CGHL, ESOL, Art, Music In each classroom and Media Center None Grade "A" After - school tutoring Begins at 10 :30 a.m. — ends at noon None Music and Art OWIWNd"ld 31is WdBb:S �POOZ 17 Dag q Ponce ©e Leon Middle Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non - instructional space utilized for Instructional purposes: Teachers required to floatttravel: Coral Gables Senior Hirsh Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs, Lunch schedule: Non- fnstructional space utilized for ins,t ur,tional purposes: Teachers required to float/travel: 09r.iV96690e In each classroom, in special computer labs and Media Center Classrooms, Art/Music Suites and Science Labs "B" school Magnet programs and Community and Vocational classes Begins at 11:30 a.m. None Language Arts, ESOL, Math, Science and Geography In each classroom, in special computer labs and Media Center None Sterling Challenge Magnet programs and Enrichment and Vocational classes Begins at 10:37 a.m. None Science, Math, Biology, ESE, History, Language Arts, ESOL, Business and Childcare JNIN}Ja1d 31IS Wd8� :S i>OOZ fri 0e0 r, q Ponce ©e Leon Middle Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non - instructional space utilized for Instructional purposes: Teachers required to floatttravel: Coral Gables Senior Hirsh Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs, Lunch schedule: Non- fnstructional space utilized for ins,t ur,tional purposes: Teachers required to float/travel: 09r.iV96690e In each classroom, in special computer labs and Media Center Classrooms, Art/Music Suites and Science Labs "B" school Magnet programs and Community and Vocational classes Begins at 11:30 a.m. None Language Arts, ESOL, Math, Science and Geography In each classroom, in special computer labs and Media Center None Sterling Challenge Magnet programs and Enrichment and Vocational classes Begins at 10:37 a.m. None Science, Math, Biology, ESE, History, Language Arts, ESOL, Business and Childcare JNIN}Ja1d 31IS Wd8� :S i>OOZ fri 0e0 OR BK 25496 PG 0072 L.AST PAGE PLANNED RELIEF SCHOOLS IN THE AREA (information as of November 2004): School Coral Gables Senior High School 830 - student stations addition (District vAl remove 310 existing student stations housed in portables providing a net increase of 520 student capacity.) JRE Lee conversion to elementary (786 student stations) Status Under design Pre - Planning Occupancy Date 2005 -06 2011 OPERATING COSTS: According to Financial Affairs, the average cost for K -12 grade students amounts to $5,833 per student. The total annual operating cost for additional students residing in this development, if approved, would total $169,157. n At]7^r AI n.......! .. il... nf%AA � " WJKf I I PAL" VWWAFA;l I J: Qci JCV VII WIC+ QW&V ZI I`iVYC( IIL7G{ ,GVV`t ZAUU1VI I a7lC1 LIV11 4VJl IdLAVI`ai , capital costs for the estimated additional students to be generated by the proposed development are. ELEMENTARY 13 x ; 13,452 = $174,876 MIDDLE 7 x $ 15,423 = $107,961 SENIOR 9 x $ 20,409 - $183,681 Total Potential Capital Cost $466,518 * Based on Information provided by,the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. 9001 09Lt+S6680 B JW I WWd1d 31 I S WdGi7 : S tr00a i? T <41 i 0& This instrument prepared under the supervision: and when recorded return to: Jerry B, Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33I31 -2336 AMENDMENT TO DEVELOPMENT AGREEMENT b 111 F: OR Dt 27227 Ns 1492 - 149Ei (7p9s) RECORDED 03/25/2010 090490 -91 HARVEY RUVINr CLERK OF COURT MIAMI•-DADE C:OUN Yv FLORIDA (Space Reserved for Clerk) This Development Agreement is made as of this of 7f<day of lie 2010, by and between The City. of South Miami Florida, a- municipal corporation ( "City ") and RRC 57f1i Avenue, LLC ( "Applicant "). WHEREAS, Applicant owns the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property "), and WHEREAS, the City and the Applicant executed a "Development Agreement," recorded on March 30, 2007 at Official Records Book 25496 at Pages 52 -72; and WHEREAS. the Development Agreement memorialized responsibilities and commitments of the City and the Applicant in the development of a mixed -use project on the Property; and MUEREAS, in May, 2007 and September, 2009 the Applicant received approval of minor modifications to the development plan for the Property; and WHEREAS, these minor plan modifications did not change the responsibilities and commitments in the Development Agreement; and WHEREAS, on November 17, 2009, the City adopted Ordinance #29 -09 -2021 amending the Development Agreement to record the parking requirements for the continued development of the Property, as adopted in the City's Land Development Code; Folio Numbers: 09- 4025 -026 -0010 09 -4025 -026 -0020 09 -4025- 026 -0030 09 -4025- 026 -0060 S ec/Twp/Rge: 25 -54 -40 MIAMI 2001026.5 7743027649 t 3/23/10 NOW, THEREFORE, the Development Agreement is hereby amended as follows: I. Addition to Section 1, �. The extent of retail, office and restaurant uses shall not exceed and he limited by, the gapacity capacity of provided parking. The development shall comRly with the arking re uireinents in the Land Development Code Section 20 -4.4B for all retail office and restaurant uses. 2. Addition to Section 5, r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5n. reauirine removal of nn- street narking on ';W 66 Street), through a combination of parking garage, a small surface lot, and on -site street parking.* *As of October. 2009; 958 total parking spaces remain after reductions set forth in 5r above and I 1 spaces removed for bike racks; 891 spaces for residential units; and a total of 67 spaces remain for retail /officetrestaurant uses. 3. Amendment to Section 23, • + •• :.^ ,r•: •s i RRC 57`h Avenue, LLC Mr. Jay Jacobson, Director Wood Partners 2600 North Military Trail, Suite 100 Boca Raton, F133431 MIAM1 2001026.5 7743027649 2 21 :11 it 4s 4. Within 20 days after the Amendment to Development_ A.weement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Amendment to DeveIo ment AgT eement to be recorded at the A licant's expense in the registry of deeds in Miami -Dade County and Applicant shall furnish a certified copy of the recorded Amendment to Development Agreement to the City. Failure to record or to fumish a certified recorded cony within 20 days nullifies the validity of the Amendment to Development A reeinent. IN W N &SS WHEREOF, these presents have been executed this /� , 20106 MIA111) 200, 026.5 7743027649 2 %8,10 [SIGNATURE PAGES TO FOLLOW] N day of 0: ti t 4. Within 20 days after the Amendment to Development_ A.weement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Amendment to DeveIo ment AgT eement to be recorded at the A licant's expense in the registry of deeds in Miami -Dade County and Applicant shall furnish a certified copy of the recorded Amendment to Development Agreement to the City. Failure to record or to fumish a certified recorded cony within 20 days nullifies the validity of the Amendment to Development A reeinent. IN W N &SS WHEREOF, these presents have been executed this /� , 20106 MIA111) 200, 026.5 7743027649 2 %8,10 [SIGNATURE PAGES TO FOLLOW] N day of 0: [i ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNQYYAL14 MEN BY rHESE PRESENTS that; The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions dated and attached hereto, DATED this day of , 20101 ATTEST: CLERK amendment to the contained therein, CITY OIt OUT�,i 1�'fIAMi By: Roger M. Carlton Acting City Manager .....I...r ...I .................................................... .........................:..... . ................. ) SS COUNTY OI M)AV)1- T)Pblf ) The foregoing instrument was acknowledged before me this L!�:. =. day of �� 201 U by VI-CC-011t)0 C i 14 W, of the City of South Miami $nd attested to by City C1erk, of t e City of South Miami who are ( ) personally known to me or ( ) produced a valid driver's license as identification. Notary Public: Sign Name: Print Name: 'Q ;Uly Commission Expires: ' NKENGA A, PAYNE ;r1YCDfAt:41SSICNr DDISUiaI 'o• (None, if blank): i '• mac GonE7W XP "fIhRrEu SNo;MOqc' eber5,zo NuSh Undeni Aero [ti OTAR1 AL SEAL) M IAM 1 200 1026.5 7741027049 4 fi g,10 &: 01 0: IN WITNESS WH., IREO1r, the undersigned party has agreed to this Development Agreement dated as of the day ofb k 1, 2010. Wit ssesa 6 :Z Print Namca>qw� , RRC 57TH Avenue, LLC, a Florida limited liability company By; W< its STATE OF FLORIDA ) COUNI"Y OF 1yff C i=E) )B) By: Nay Title: Vice President The foregoing instrument. was acknowledged-before. rzae this day..of.k\IJ4�? r9y 2009, by Jay S. Jacobson, Vice President of Wood Red R.o d Commons, j ng Partner of RRC 57`h Avenue, LLC, a Florida limited liability company /She is p r ovally vwn to me or has produced a State of _ driver` ense, as identification. Sign Name N_ ;j, Print NariiF lk My Commission Expires: NOTAR Serial No. (none, if blank). ____ MIAMI 2001026.5 7?43027649 5 2/8/10 [NOTARY SEAL] "'Yp'•,, Samartha Northcutt ?r° �0cCOIJIYJSSICV#DD740333 ote' EXPIRES: 'AN. 05, 2012 ' °�e�,;,`.�0`, wvrn.ARRONNO ?r,RYe^r LIC EXHIBIT "A" Legal Description Parcel 1: All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East 75 feet of the West 175 feet of the South 125 feet of said Tract. Parcel 2: The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. Parcel 3: The North 132 feet of the SE '/ of the NE '/ of the SE '/ of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE '/ of the NE '/ of the SE of Section 25, Township 54 South, Range 40 East. Parcel. 4 ;..... ......................... ..l.{.�.. �... ........................... . That part of the SE'/ of the NE'/ of the S.E. % ,of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the SE corner of said SE '/ of the NE % of the SE '/; thence run West along the South line of said SE '/ of the NE '/ of the SE '/ for a distance of 185 feet for a Point of Beginning; thence run North parallel to the East line of said SE '/ of the NE '/a of the SE '/ for a distance of 150 feet; thence run West parallel to the South line of said SE '/a of the NE '/ of the SE '/ for a distance of 100 feet; thence run parallel to the East line of said SE '/ of the NE '/ of the SE '/ for a distance of 150 feet to the South line of said SE '/a of the NE '/ of the SE '/; thence run East along said South line of the SE '/ of the NE '/ of the SE '/ for a distance of 100 feet to the Point of Beginning, less the South 25 feet for public road purposes. Parcel 5: The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 727 of the Public Records of Miami -Dade County, Florida. Parcel 6: A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the IPiJbl c Records of Miami -Dade County, Florida, more particularly described as follows: That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast MIAMI 2001026.5 7743027649 6 3/9/10 OR BK 27227 PG 14-98 C._t ST PAGE Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North parallel to East line of said Southeast Quartz: ofN:ortheast Quarter of Southeast Quarter 150 feet; thence run West parallel to South line 'ofs 4s44i,Southeast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BEGINNING, LESS the South 25 feet for public road. MIAMI 2001026.5 7743027649 7 319.%10 M O Q N o 5 C N O o N i O M C � � o U m- '0 4 � � E � 0 � U b o 0 c0 �NM rn M N � V Z � w w Q o o -- 0 o 0 a 0 o C o 0 c0 �NM rn M N � V 9 o O p da Md'(Or Nd' MONh. v)h v) d'NO W E m T @ N E O N N O G M N c D i0 U N � c K N U> 41 N N C N O E D U) mo Q 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 Q @ 0 N p da Md'(Or Nd' MONh. v)h v) d'NO E O O G i0 U N � c K mo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 @ O V' vi <0 O V v) N O O O O h N O N N W M M N N M O h O LO 0) N W r h lO M N i- N N O v) r q Z C4�Hi C\f V-� d E9 Ef>�EA Q � O o w o >- rrrrrr QN� o N TrIT C) Z �Qom m> O @ N N N O XO O O 'T' � N Q '5 E 0 V o N N p S @ EA LL = O a2 m to m o)OOO °o 000cpoOO000oo0 0 0 0 0 0 @ 0 0 u) O O O O h t0 h 0 V O Io h O) M cF O N O co 0 O C -p O M D) O M O n M Q1 r(d M m M M O O COOa M N0>N L v) U7 (OrOO)6CO 0 o] h. 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C v c A C E (0 � E O O j m C N m Z)) (D m a E o u E c c � U o — m O c 0 O � U O N w m ° o O MY O 41 w 0 0 0) 04 N L N r 2? E N N w m0 m O O. C m o Q O E m n N U w to u O w va Q =O N 1] N �4 G, > E o aJ Q 'O m 0 w O a (D O \ O 0 N N T G C C c o H O N C m U 0) 4J — (D CL m 3m?Y w m U .ri 'E 'o E N r{ 0 O 0 = LO A a E U 6 C = c o c C a, N c a O \ `0 m m O U o > 00 o n N m C N -r1 H 'C E N D 3 ul (D m — U � U) U w O O C -O 2Q Zi o- `n 0 C 0 4J E O a U m � C: 44 3 c O \ v E 7z L \ E (Dorm N 3 j 04 U0 N O CL (n .0 Q= c N 0 O m_3 c a Z t a E O U c C > Ci x O O D N O> ?i w 0 0 N L U 0 s� o m m E c d O '> C N O m -P E � n C ? 0) (o P o 0 'a � o N o o c c m m C U 0 C r y C 0 O c E c a 3 aE) N — Q U � N w w U s 0 4"s.3 d ro -P O a c C rn m _m P c m E O a v 0 s O _N N n� o Q 3 n. C v c A C E (0 � E O O j m C N m Z)) (D m a E o u E c c � U o — m O c 0 O � U O N w m ° o O MY O 41 w 0 0 0) 04 N L N r 2? E N N w m0 m O O. C m o Q O E m n N U w to u O w va Q =O N 1] N �4 G, > E o aJ Q 'O m 0 w O a (D O \ O 0 N N T G C C c o H O N C m U 0) 4J — (D CL m 3m?Y w m U .ri 'E 'o E N r{ 0 O 0 = LO A a E U 6 C = c o c C a, N c a O \ `0 m m O U o > 00 o n N m C N -r1 H 'C E N D 3 ul (D m — U � U) U w O O C -O 2Q Zi o- `n 0 C 0 4J E O a U m � C: 44 3 c O \ v E 7z L \ E (Dorm N 3 j 04 U0 N O CL (n .0 Q= c N 0 O m_3 c a Z t a E O U c C > Ci x O O D N O> ?i FY 2012 NI`T'S IL Doctimentation Systc:nl „ gulill iary for Miarai -Dare COWwy, Florida Page ;1 oft FY 20'i M'ultifalrnily Tax Susirly Projectln.corn Limits Summary The fgli Wrig table depicts the a0 percent and 60 percent income limits for family sizes 1 through 8 fogy Multifaml Tax'Subsidized Pro'ects Mla,ml- Dade Coun#y, Florida D`etermiriaion of IVlaximur Incorme L'irnits Th following table outllr es the `inaxirrmum set;nf lncorne Liiiiits,fcsr existing profec #s wi #hin Miami -Dade Count 11 to 6 se•ba$ed on the projects Placed in service; Doti Miami- Dade'County, Florida Win #age of Maximurri,#noitie Limits NOTE: The information provided above is based on HUD's interpretatlon of Section 300.9 of HERA and is not an official determination. Official determinations of maxirnurn income limits and all compliance issues are the purview of the State Na using Finance Agencies and the Internal Revenue Service. A list of state allocating agencies and t ?eir ihtemoi contact Information is available hero. Data file last updated Tue., Dec 13, 2011 . http:// w\v- xNr. h Lid user. Org/ portalldatasets /il /i120I212012sum mtsp.odn 2t25/20I3 0i 01 P: PY 20121,MTS IL Documentation System - .Summary for Miarrki -Dade County; Florida Select, a differenf`couniy. oe county equivalent; within Florida �' , Sstect Cdunty,or,.C,our�ty Eqa valer�t ��; s: Page 2 of .2 Update. URt_ i=or booknlarkfng or �- Nla�ling, �; a "r Select a Fy 2012 HUD Metropolitan Fait Marlcirt Rent: rea's _lncoine Limits Technical Problems.orquestions? fact Us:. hitp, /IA v NOmduser. urg/ pQa al/ datasets /il /il20IM012sum.mtsp.odn M5 /2013 - r a "r Select a Fy 2012 HUD Metropolitan Fait Marlcirt Rent: rea's _lncoine Limits Technical Problems.orquestions? fact Us:. hitp, /IA v NOmduser. urg/ pQa al/ datasets /il /il20IM012sum.mtsp.odn M5 /2013 FY 2013 M'1`S IL Docantentationysten: 5uminar }* for Mia»li= Dade:'County; 1 =1oa•ida Page: 1, of 2'< FY 2013 Multif imily Tax Subsidy Project Income Limits Summary The, following .table depicts the 50. percent and 60 percent income limits for family sizes 1 through 8' for Multifamily Tax Subsidised Projects 1. The followingtabl.e outlines the maximum set of income Limits for existing projects within [vilam► =faade County fo use based on the projects Placed in Service Date:; Mram► »Dade- county, Florrda Vi »tape. of Maximum Income omits Placed In 5ervace Date Ma�trrraum Income Limits Can or before 12/3'{/2008 FY2010 111/2009 to 5/1312010 FY2010 y ... ..:.: _..__:m I _.... 5/18 /2010 to 5/3 1 12011 51 FY2010; 6!112011 to 11,131 12 0 1 i V �Y �MEY2011 'it 12/01/2011 to, 12/1012012 FY2012mmT 12/11/2012 Present FY2013 .... NOTE The information provided above is based on !IUD's irterpretatio» of Section 3009 of HERA and is: not an official ` determination: Official determinations of maximum income limits and ail compliance issues are the purview of the State Housing Finance Agencies and the internal Revenue Service. A list of state allocating agencies and their internet contact information is available _here. littp:// ryly \v.IiLiduser.org /pi)a-tal/di Attasets /il0/i]2013 /2013sutn_mts.P.odn 2/2512013 k 0 4f FY 2013 M I'S 11. Documentation System - SuintnaryF for Miami; V ... de County;, t lor'icla', Pale 2 cif 2 Data file last'.updated Tues, I)ec..11, 2012: Select a different county or county equivalent iwithin:F'.lorida. �_:: � Select County or County Equivalent �; .. �.._ Press below tti selecta different state:;: �. SeteGt � near state :.. Select MTSP IhcorneLlmits tea ;,� (lttlU Horn e j'_HQQl User None : i I aia Sits J i Uiar4cet f?citts- l S etion; {ty3T8P) Income Limits j Ni1t `1 iliTC t)at b se;: l Technical Problems or questions? Cr yj, ?,yam: htt,p: / /ujivA�Y.liudtiser.org /I portal /datasets /i11i1201312013suit mtsp.odn 7/25/201.3 ti