Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Res No 061-13-13879
RESOLUTION NO. 61-13-13879 A Resolution relating to the review and acceptance of the Annual Report of the RRC 57th Avenue LLC [Red Road Commons] on their mixed use development project located at 6600 SW 57th Avenue; pursuant to the Development Agreement between the City of South Miami and RRC 57th Avenue LLC. WHEREAS, the City Commission at its April 9, 2005 meeting approved Ordinance No. 12 -05 -1834 allowing RRC 57th Avenue LLC to construct a project that includes 404 residential units and retail space. The approval included a zoning map amendment granting a PUD -M zoning district, an approval of a master site plan, and the approval of a Development Agreement; and WHEREAS, the City Commission approved a Development Agreement for the mixed use development project, known as Red Road Commons on April 9, 2005 via Ordinance No. 12 -05 -1834, which agreement was fully executed and was recorded in the County registry of deeds on March 29, 2007 as required by Section 30 of the Agreement; and WHEREAS, the Development Agreement includes the requirement (Section 12) that the Applicant submit an annual report to the City at least 30 days prior to the annual review date which report is a status report showing that obligations have been met and that there has been compliance with the provisions of the Agreement; and WHEREAS, the Annual report was submitted to the City on February 22, 2013 from the developer's attorney Jerry Proctor, said report concluding that all of the obligations set forth in the Development Agreement are met; and WHEREAS, the annual report in accordance with the Development Agreement must be reviewed by the City Commission at a public meeting and the City Commission may accept the report or if there is a finding by the Commission that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Annual Report submitted by RRC 57th Avenue, of the property located at located at 6600 SW 57 Avenue as required by Section 12 of the Development Agreement is approved , and if approved the approval shall not be treated as any agreement or consent to any request that may be contained within the report. Section 2. This resolution shall be effective immediately upon being approved �': 45r hfs gr.:• ka Res. No. 61 -13 -13879 PASSED AND ADOPTED this 19. day of March, 2013 ATTEST: APPROVED: CLERK Commission Vote: 5 -0 ►RM Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea A. 0:. CITY OF SOUTH MIAMI t OFFICE OF THE CITY MANAGER " INTER- OFFICE MEMORANDUM 2Q0t To: The Honorable Mayor and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP (fir, Planning Director (j1 Date: March 13, 2013 ITEM No. SUBJECT: A Resolution relating to the review and acceptance of the Annual Report of the RRC 57th Avenue LLC [Red Road Commons] on their mixed use development project located at 6600 SW 57th Avenue; pursuant to the Development Agreement between the City of South Miami and RRC 57th Avenue LLC. SUMMARY 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 Section 12 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 February 22, 2013. 1. Permitted Uses, Densities, and Intensities. In accordance with the provisions of the Agreement, the Property was developed with a total of 404 residential units. The Property shall also be developed with retail and leasing space. Development of the Property did not exceed five stories and occurred in accordance with the revised adopted master site plan as approved. 2. AVfordahle Units. The property was developed with a total of 404 units. Based on the information in the applicant's recent affordable housing report, 390 units were leased as of 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. The City Commission accepted the Annual Housing Report at the March 5, 2013 Commission meeting. Please refer to the additional detail contained in the report submitted by the owners representative. RECOMMENDATION Staff recommends the Commission accept the attached Annual Report Backup Documentation: • Resolution • Annual Report Dated February 22, 2013 • Development Agreement Dated March 29, 2007 Z:\Conunission Items \2013\3 -19 -13 \RRC Annual Report_2013 \RRC Annual Report—CM Report_3- 12- 13.docx k Bllzin Bamberg ATTORNEYS AT LAW Via Hand Delivery Mr, Steven Alexander, City of South Miami 6130 Sunset Drive South Miami, Florida Dear Mr. Alexander: February 21, 2013 Interim City Manager 33143 r ' Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 305.351.2250 jproctor @bilzin.com Re: RRC 57r" Avenue, LLC Property: 6600 SW 57 Avenue, City of South Miami (Folio Number 09 -4025- 026 -0090) Annual Report of Development Agreement This law firm represents the owner, RRC 57th Avenue, LLC ( "Owner "), of the property located at 6600 S.W. 57" Avenue, South Miami, Florida ( "Property "). The Property is developed with a mixed -use community commonly known as "Red Road Commons." The Owner and the City of South Miami ( "City ") entered into a Development Agreement ( "Agreement ") related to the development of the Property. The Development Agreement, a copy of which is attached as Exhibit "A ", was recorded in the Public Records on March 29, 2007. A modification to the Agreement ( "Revised Agreement ") was recorded on March 25, 2010, and is attached as Exhibit "B ". In accordance with Section 12 of the Agreement, the Owner is required to submit an Annual Report to the City. Please accept this correspondence as the Annual Report. 1. Permitted Uses, Densities, and Intensities. In accordance with the provisions of the Agreement, the Property was developed with a total of 404 residential units. The Property shall also be developed with retail and leasing space. Development of the Property did not exceed five stories and occurred in accordance with the revised adopted master site plan as approved. The Property was developed in one phase. The Certificate of Occupancy was issued in December, 2009 (See Exhibit "C "). For additional information, see the letter dated December 4, 2009, submitted to the City regarding the status of the Development Agreement. (See Exhibit "D "). This Exhibit outlines the numerous construction - related requirements in the Agreement, and the Owner's compliance therewith. 2. Public Facilities: Water and sewer services, solid waste services, and drainage services complied with all applicable requirements of Miami -Dade County and the Florida Building Code for any building prior to issuance of a final Certificate of Use and Occupancy and prior to occupancy of such buildings. The Owner paid $997,895.20 in one lump sum to the City as its responsibility for meeting park and recreation concurrency. See Exhibit "E" for a copy of the payment. BILZIN SUMBERG BAENA PRICE & AXELROD LLP MIAMI 3538475,1 77430/27649 1450 Brickell Avenue, 23rd Floor, Miami, FL 33131 -3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com �4 �9 Mr. Steven Alexander, Interim City Manager Page 2 February 21, 2013 0 0 In regard to traffic, the Owner obtained permits from the Florida Department of Transportation for roadway improvements on Red Road from US -1 to S.W. 66th Street, and traffic signal replacement for the intersection located at Red Road and Levante Avenue. Both projects have been completed. The Owner has completed the remainder of the traffic improvements listed in the Agreement. Pursuant to requirements for housing under Section 2(f), the Owner is committed to renting 10% of the units "to individuals or families in the moderate income segment of the affordable housing group" — individuals or families who are within 80% to 120% of Area Median Income for Miami -Dade County. The 2011 Area Median Income for Miami - Dade County was $51,900. At least 10% of the total units rented out in 2011 were to individuals or families with incomes between $41,520 and $62,280 per year. The Owner has established a reporting structure with the City, by which the Owner will ensure compliance with the requirements of Section 2(f) throughout the remainder of the Agreement. The required annual housing report was submitted to the City by letter dated January 14, 2013 and is scheduled for City Commission review on March 5, 2013. In addition, the Owner has made a $100,000 payment to the City to assist in low income housing development in the CRA area; this payment was be made prior to occupancy on the Property. 3. Taxes: Pursuant to this provision of the Agreement, the Owner has paid taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate and will continue to do so in the future. The Owner paid 2012 ad valorem taxes to Miami -Dade County in the cumulative amount of $832,524.66. See Exhibit "F". 4. Work Force: In accordance with the provisions of the Agreement, the Owner gave a preference to job applicants residing in South Miami provided those applicants with jobs in the demolition phase. 5. Site Plan. Owner has abided by all site plan conditions as set forth in the Agreement. In addition, the Owner participated in a joint working group with the First Methodist Church of South Miami regarding traffic improvements and committed to an improvement plan for Red Road between the area of the Property and the First United Methodist Church of South Miami. See Exhibit "G" for a letter from the First United Methodist Church of South Miami verifying these discussions. The improvements listed in the letter have been completed. 6. Schools. The Owner donated $34,800 to the Miami -Dade County School Board ( "School Board ") on September 27, 2007, See Exhibit " H" for a copy of the payment. 7. Unity of Title. The Owner submitted a Unity of Title that was recorded in O.R. Book 25496 at Pages 47 -51, See Exhibit "I" for a copy of the Unity of Title. 8. Changes in the Past Year: On October 2, 2012, the City of South Miami Environmental Review and Preservation Board approved plans for the installation of decorative gates on the north and south sides of the Property, under Application ERPB- 12 -045. A copy of the Minutes of the October 2, 2012 meeting is attached as Exhibit "J ". MIAMI 3538475.1 77430/27649 f BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Steven Alexander, Interim City Manager Page 3 February 21, 2013 In summary and as documented above, the Owner has diligently pursued and completed development of the Property and has met or commits to satisfying all of the obligations set forth in the Agreement. Thank you for your attention to this matter and please do not hesitate to contact me if you have any questions or require any additional information. Proctor JBP:id cc: Christopher Brimo, AICP, Planning Director /South Miami Maria Menendez, City Clerk Thomas Pepe, Esq., City Attorney Nicole Kline, Red Road Commons MIAMI 3538475.1 77430/27649 ''` - BILZIN SUMBERG BAENA PRICE & AXELROD LLP 0 r, CFN 2007%CItti328886 04 Sk 2W4 Flit OM — 721 t2lrasl RWYEV itMUt CL£Pi'tt DP Cf1!)itY HIAHX -OW Caa4WYr FLORM 'Cbis lusirvmvni prcpar<xt wr8cr 1ht suPcrvision: n and whau twordw return to: JcTry & prrKlor, Esq, )3Rzbr Sumbcrg Daeua Prue 8 (.xOmj LLP 206 South Rjscsync 8o01ev;1rd (9ptca Reserved for 0104 sulit 2500 Minp», Florida ]3lJt -223G N DEVlrl.OMINT AGREEMENT This T)evt 14pme"it Agreeincnt is made as of this "' day a #'M Y&A k 2007, by tuid between Tho City of South Miami, Florida, a municipal corporation ("City') and RRC 57 °h n Avanuc, LLC ("Applicant"). Applicant hereby voluntarily males, declares, and imposes on the property described below, this agrvorn ( running with 1ho title to Tbc land, which shall be binding on and shall inure to The benefit of the Applicant, successors and assigns, mart8zgecs, Imers, and against all " persons claiming by, through, or undar them until, such time as this Devolopmcnt Agreement ( "Developmon.1 AgrOrne tt ") is raleasW in v)sMing as berelnaficr provided; KWCR4:98, Appli%;mt owms the property in the Clty, in Mianii,Dudc County, Florida, legally doscribed on Exhibit "A ", also known as 6600 ^6640 S.W. 57 Avonuf and 5757 SW 68 Street (tho, Tmpody'•) and W- 1PRCAS, on July «2, ZO(M Applkmnl filed an application wilb the Cily w none the Property from TODI) (ML'•k) (Transit Orimicd Development District) to P.l Di M (Floraed Unit Devolopment•ivlixed W4:), and to obtain site plan approval (the "Application" ), and WH ACAS, the Florida toed Governmcm Development Agreemmi Act, set forth in sm;Oons 163.3220 — 163,32434 Florida Statutes, (the "Act ") provides for the execution of devolopniant agreements to insure that the law in effect at the 3rnc of the oxecutioa of the developmcni.agreemcW shall ggvem the development of the land for the duration of tht' a ;recment. NOW', THEREFORE, in considetaiian or the covenants, conditions, nrid promises homin contained, the receipi and sutiiciency or which are expressly acbmowledged, Applioam and the City hereby agree as follows: MIAMI x19310.1$ 7326021511 .L']NIUl EXHIBIT "A" , 'l 1; Perm4tteg,Uso, Pepsiti", and Pursuant to the provisions of Chapteo 20, Land De`relopmont RegaaL:stions of the City of South Mai, the Property will be unproved with the following: a. 'There shall bo no mote than 407 residential units on the Property, b. The Property shall also be developed with retail spare and a leash)g office, c. Development on the Propeq shall not t~xceed five (5) stories above.grade, in height, d, D"elopmennt of the Property shall be iu ac eordanra with the adopted .aligner she plan on file M the City, Including eiovatious, arohittxwal features, sad estimated commercial stluure,fnotage pursuapt to Sidon 20,34, City Code, e,, lt:rvelopment of the Property "I b* in one (1) pit=, f. A building permit for development of the project must bo applied for within 6 months of the date on which this float development agreement is signed, notwithstanding oho provisions of ]'.,DC Section 20-33% Expirations of PUD Approvals. 2 Public Rtcillti{z in order to atlllar,ce public facilities in the City ofactutb Miasul, Applicant 4g;rm to provide services in compliance with Section 204,1 of the Code of ibe City of South Miami, including: AI Water and Sewor servios that comply with all reiiuirarnmus of Miami Dade County for any building prior to inuanoe of a tarsal ('.r dficate of Use and Occupancy. b, Solid Waste services that comply with all regltircments of Mianil Dade County For any building prior to issuance of a final C"ficate of Use arld Gmupancy, a. .Drainage sere +cis that comply -with all requireme>ats of tho Florida Building Code prior tothc occupancy of nay buildings, d. Aascd on the projcxied rasidenU population on the Property, Applicant agr= to donate 59266400 in one lump sum as its responsibility for meeting park and reamticn concurrency, Paylnvat shall be tirade on or befpre rcaeipt of the first building permit and ahail include any interest or carrying cost incurred by the City UAW rcc>eipl of the payment, Interest calculations are indicatod on ettwhed Exbibit "B ", incorporstod herein by rafereoce, e. Traffic,Applicant will obtain necoanary govoro rental approvals, and cause to have plaosxi and oparational a sepalute lent -rum, northbound entrance lane ors Red Road (SW 57 Avenue) imo the northernmost proposed driveway tat Rcd Road ora the Propwy, prior to the occupancy of any builulings on the Property, In addition, Applicant wIll present plans within two (2) years after the rtxortlitlg of this 4tAK 819310.157326MI551 31) Ml r, baveiapment Agreement to govemmcntal authorities, including the Florida Department of 'transportation, for beatrtitIcation of the median area to consist of curb and guttor Improverttrnts and landscaping In the cantor of Tied Road (SW 57 Avenue).dircctly south of the intersection of fled Road and Pond de Icon Boulevard, Subject to approval of neoessary permits by governmerrla) authorities, Applicant will pay for and construes rho beautification improvements. t. Rousing — A requirement of ten percent (10%) of the units will rent to individuals or families in the moderate income seSmcnt of the affordablo housing group. If the residential units convert to oondominiums, ton percent (10%) of the units will he sold to individuals or families in tho moderate income segrnertt of the affordable housing group, to analyzing compliance with this paragraph, the City shall allow minor deviations rrsulting from short. -term vacancies, Incomes shall be based on Area Modian Income (AMT), % defrncd by the U.S. Dopartrowit of Housing mid Urban Doveiopment. Proof of Complianoe 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 $100,000 to the City on or before the issuance of tho first certificate of use and occupancy for the development on the Property, to be placed in at City trust fund io assist in the devoloptnent of low 'income housing in the City s Community Rodcvc)opment Agency tuca. 34 Taacs, Applicant ayrets to pay all taxes to the City orSouth Miami in an amount equal to the annual Operating Millagc hate, if the Property Owner receives an exemption for paying Oporating Millage 'faxes from Miami -Dade Counry, the Proppsy Owner shat] contribute an amount equal to the Operating Millago Taxes to the City of South Miami in any year that such exemption is granted. This provision shall rot abrogate any of the Property Owntr's rights to file uppools of Tar; Assessments for the Property, in nceerdanec with the laws of lAiimiftDade County. d. Worst Forra; 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 m lttaximixo the pool of applicants front South Miami, the Applicant shall send notice to the Community Redevelopment Agcncy Dimotr r of the City of South Miami, or a substitute designees by the City Manager, prior to or comurreat with the issuance of any (1) bids for construction work on the Property, (2) bids fbr teutporary or permanent maintenance work on the property, or (3) proposals for leasing of retail space on the Property, In regard to remuitment and employment, the Applicant shall domomtrate that it has mod 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 Applieanr shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of oonatrufWon anti development of the Property. Payment for the positions shall be at Applicant's sole expense and shatl be commcnsutnte with similar job levels and responsibilities in comparabic industries. P) IA r.1 t S 12} 10. 1 i 73266 t 531 AWN Ytan. a. Applicant shall retain stormwatar drainage runoff on site in accordance with City regulations. b. Applicant shall provide on site security. As part oron site security to be provided by the AppHoantA the Applicant shalt inorii(ar and keep operable the security Bata to the proposed parking garay a and make arrangemonts to assure emergency access by public safety vehicles. c, The entrance at .l..t:vantr Ave, shall be signalized and approaches installed based on approval by Miami -Bade County and the State of Florida D"rtment of Transportation. d. The exit for the driveway onto SW 66 Street shall be designed and operated ns a right turn out only driveway. Tht: exit shall be closed with a Sato to prevent turn out between the hours of 7;AO A.M. and 1"Q A.M.. Monday through Friday. C$ Applicant shall provide o minimum ofonc (1) stop location on site for service by the HurryCaue shuttle, The shuttle stop locations shall not interfere with SW $7" Avenue traffic, All Hur*Cane shuttle passenger piok -ups shall be coordinated with the City of South Miami shuttle pirkwups to mintmizo traffic impacts. Applicam shal) provide and rnaintnln landscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a rove of 12' high trees with trunk circumferences not less than 6 inches on the City's property hotween me l:PL facility and the South Miami Communby CentrAka `1'ho row of trees io be located on the City's property bctwtan the FP), facility and the South Miami Cotnmuaity Conter shall be uniform in appearance and consist orttot less than 25 trees in the row. g. Applicant shs11 provide and maintain a six.foot high CBS wall between the project and ilia retnait -ing service station. h. Erriployea parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit witl•t each occupational license proof tut em rt: employees a utilizing Qio assigned parking. i. Applicant shall provide it master signage plan for project identification, traffic, routing; and retail stores prior to final project approval-by the Envirotvnental Review attd .Presorvation Board (BRPA), j. .gpplieant shall limit on sit* lighting property edges to 2 foot candles of intrmsity at au 18 inch height. 'Within six monilis of project completion the applicant is to provide n cerancd report on the mandated illumination level. k. Applicant is to awrre that the refuse aervioc areas shall be large enough to I ccommodate adequate dumpsiers. The final number and dimensions of servicc MIAMI HT, 7326Q W) S %29N; 4.. areas shall be mandated by the Environmental Review and Przservation Board (ERPB) at 'final approval stage and adopted and incorporated as an exhibit to the Development Agm ment prior to final approval of the Dcvelopment A .umont. All parking and street itnprovcntents placed on the public A&M of -way on SW 57 Avenue by the Applicant shall be inainudtted with Ands from a mairltcnance bond to be posted prior to permit iswanoe in Accordance with rules of the Fronds Department of i'ramportation. Proorof posting of the bond shall be.provided to the City. Ill. Apptiotuu must limit the types of retail establishments in order to assure that the required parking does riot 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 ocoupant, n, Applicant shay) install all Oft -watks as shown on the adopted master site plan, e, Applicant shall open up the poor* on the north side as shown on the wncndod site plant, as upproved by the Planning Board, in order to break up the long facade of the Ycsidcntial building. P, Apphoant and the City skull agrco on the number of locations of the loading zones prior to the final approval of the Dovelopment AV-ocment, The dimens`iom and locations of the loading zones shall be attached as an exhibit to the Dt;vclopment Agreement. �1. Applioant understands and agrees that the City may elimbiato the on- street parking spaces located on SW 66 Street, Applicant shall provide ),001 parking, spaces [which may be reduced in anoordance with Condition V5q, requiring removal or on. street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on•site street parking, s• The Applioant will contntit to participate in a joint working group with the >±irst l+dethodist Church or South Kiwal and municipal, county and state agencies to devise a plan ntuntatly agroeabtc to Applicant and the First United Metbodist Church of South Miami, for pedestrian improvements and beautification for RO Read. Applicant will contribute the construction oost of speofRc pedestrian enhancements agreed upon by Applicant and the first Wiltod Methodist Church or South Miami. The Applicant witl present plans for traffic permits ind) eating, travel tames of 1015 feet on Red Road (SW 57 Aventie) and, if approved. Nvili 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 lvllttnti,Dadr County and the Stato orrlarida Department offraWorlatlon. WANT M 9310.15 733602 W I 3+2vlt1t t. The Applicant shall not exceed a noise level qual to the ambiont baokomund love) at 10:00 p.M4 at a location adjacent to the Propony to bo selected by the planning Dircetor, said location may change from time to time. U, The Applicant shall obtahi approval From the City of a parking plan for construction wo*ers prior to the issuance of a building permit. G. Schook In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miatni•Dade County School Board ( "Schoo) .Doard "), to be specifically camtarked for capital improvements in public schools located in the City. The Applicant's donation shall bra paid upon the issuance ora Ccrttficnte of Use and.0ccupancy for the First residential unit on the Property. Decisions shall be made joiatly by the City and School Board, and funds must be spent within two (2) years of the •donation. In tho 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 maybe utilized to fund programs, purehaso materials (such as additional computers) or In any manner that tltn School Board and the City dewanincs will anhmoc the cuMotilum and the students' attending the subject school's educational expericnec. Tcrrna of the donation and student generation analysis arc contained in the School impact Review Analysis dated November 10, 2004, attached to this Development Abrremont and hereby incorporated by roferaace. 71 Mitts ej Title Applicant shall submit a Unity of Tills, pursuant to the requirements of Suction 20.3ND)(1), City Code, ?NOW THEREFORE, the City, in consideration of the premises, hereby agroes as follows: &. Ye� stin,„. As long as the development oti tho property is in compliance with this Devetopriumi Agreement, =d all applicable laws, ordinances, codes, and pollcies in existence at tho ihne of the execution of the Development Agr"Ment as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plum approval on the Property, the PropoM shall not be the subject of a downzoning application by the City and sh'atl not be subject to any development moratorium, rcf=nda action, ordinances, policies, or procedures enacted by die City that limits the dcvciopment contemplated by this .Agreement and depicted in the Master flan. 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 permuting n quiremeats, conditions, terms or restrictions. 9. Imnaet Bees, The PropoMy shall not be subject to any now impact fees imposed by the City after the adoption of the RmIution approving this pevclopinerrl Agreement, M I �.�! a 19� 1 p.15 732Gi)2 r S1 V Ib ¢: 10, Ca curre a d Cut sist c , Ths Appiicatiou together with the Applicant's performance under tlit Development Agreerrtent sadsties the concurremy requirentcnts, as delineated in Section 204.i, 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 Coda, and that the rezoning and site plan application and this Agreement arc consistent with the City Comprehensive Plan need Land Development Regulations, Additional Retlulrements, 1 I. Term of orN mane. The provisions of. this Development Agreement shall become cffectivo upon its recordation in the public swords of Miami•1Jadc County, Florida, and shall continue in effect t'or a period of ten (10) yoam after the date of such recordation, after which it they be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon apptoval at a public hearing, 120 Annual Report alid:lteytetr. It shalt 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 usslgn, $hail submit an annual report at least 30 days prior to the annual review date. This report shall contain a seotion•by- section listing of what obligations have bean mot and. the date finalized, as good faith compliance with the terms oriho agtecmcnt. The City Commission shall review the annual report at a public meerin+S. tf the City Commission finds, on the basis of substantial competent evidence, that there has been u failure to comply with *the tones of the Ouvelopmmnt Agreement, the City shall provide the Applicant with a fifteort (15) day written notice and opportunity id cute the noncompliance. The Applicant shall have 45 days alter the expiration of the 15 -cl4y notice period to begin to cure the nat•contpliaiicc aHcr which the Agrocnicnt may be revoked or modified by the City, 'ncc obligation to subunit an awwai report shall - conclude upon the date on which the agreement is tonninated. 13. Modit vgtt n; The provisions of this Development AVwnient inuy be anwridW, added to, derogated, deleted, modified, or changed frorn time to tilne by reoordod instrument exectilM by the Ilion owners of the Property and the City. Any modi fications to the Site Dian must comply with the regulations for attictidniml to pUD•M development containcd in Chapter 20 of the City Land Dcvelopnwnt Code. 14. &itforcemouY. 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. Enforcclncnt shall be by action at law or Jn equity against tiny parties or persosts violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in rho action or suit ahall be entitled to recover, in addition tq oot,ts and h11,AMI 317310.13 �!32011531 31Mfu7 disbursements allowed by laws such sum as the court may adjudge to be revisonable. for the services of its attomey. Attorney's fm 1payabia under this paragraph shall not exceed 2l %of the judgment, 15. lns � Nothing in this Agreement shall be construed to waivo or limit the City's governmental authority as a municipal Corporation and political subdivision of the State of Florida, The Applicant, therefore understands find agrees that any official inspector of ibe City of South Miami, or its agents duly authoriz4d, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to dtxetmino whether the Property wmplies with building and zoning regulations and the conditions heroin, 16, Authorizatiou 10 Withhold permits aggjutseections, In the avert the Applicant(s) islare obliyated to maker payments or improvements under the germs nrthic rlr•.vo-lnnn: ant AO"ry .Mnnl 11m4 a,rth VWVMO." C nra nnl mnAa ne evan Mi A nr we �.........r...... ,.e„�. ... ",I, ....,...... t,..f ... W.. W ... ..�..... ..... » �7v �.., . stich improvements are not made us required, in addition to any other rcmedles availabac, the City of South Miami is hereby authorlWl to withhold any further Permits on the portion of the Propcny failing to comply with this Development Agrccrnent, and refuse to grant any inspections, any approvals, or Any certikates or occupancy with regard to that portion of tho Propordy until such timo this Devolopment Agreement is complied with. 17. ire reSarll1fiaR the AVIZIlengl Applicant represents to the City as follows: a, The execution, delivery and porformznce of this Agreement and all other instruments and agrccments executed in cormection with this Agreement hove been properly anthorixad by the Applicant and do not require further approval uy Applicant, b. This Agreement has been property executed, and constitutes Applttant's legal, valid and binding obligations, anfomeaUle against Applicant in accordance with its wins, c, There are no actions, Sulu; or proceedings pending or threatened against or affecting Applicant before any Court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d, Applicam shall not act in any way whatsoever, directly or indirectly, 10 cause this A,ttrei:nterlt to be KniondW, modiliod, canceled or terminat4 except pursuant to its orpress terms, and shall take all actons necessary to ensure that this Agjcemew shall remain in full force and efilbct at all times. e. Appliuvht Nos the financial capacity to pay or advance in the City all fens and pap-norm as r quirzd under This Agreement, is, Severahility, If any provision of this Development Agreenh0nrt or ale application thereof to arty person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be MIAMI SI1?10,I5 73202i511 )i /07 k 4s ineffective only to such extent and the remaining provisions shall cootinue to be given fuWforeo and effect so far as possible. 19. joint Pre arado This Agreement has boon dratted with the participation of the City and Applicant and their counavl, and stint) bo construed against the Applicant in issues of dmRsmanship. The captions of rucb article, stction and subsection contained in this Agrsemem wv "for oast; of raforenea only and shall not affect the interpretational meaning of this Agreement. Whcnevcr tht: term "included" is used in this Agretntent, it shall mean that tho included itorns or terms arc included without limitation as to any other iterns or to= which may fall within the listed entegory. 20. Aindibe F Lect. The burdens of this Agreement shall be binding upon, and tha benefits of this agreement shall inure to, all suocessors in interest to the parties of this Agreement. 21 coptions and 1-leadiva, Paragroph headings are far convenience only and shall not be veld to construe or interpret this Agrcernent. 22, A icnbl Laws, J risdiction and Venue. This Agxacment shall be governed by and interpreted, construed, and onforood in aocordanet with The internal lays or'Florida without regard to prineiplos of conflicts of law. Thik Agreement may be enforeCd as provided in Stption 163,3243, Florida'Statutes. Venue for any litigation ptnaining to the subject matter horeor shall be cxciwively in miami- Dade County, Florida, 23, Apotl es, __ Ally notices or reports regulmd by this Agreement shell be sent to the (ol lowing. For tl,e cltr: City Manager City of South Miami 6130 Sunset Drive South Miami, N. 33'143 COPX to Planning Director Plsnningand Community Development Department City of South Miami 6130 Sunset Drive South Miami, FI, 33143 MIAMI 6IQW.13 i1260315 }1 3OW07 mart e �Aw)llcanto Irma Ababa, Esq, Gvnoral counsel's Office University of Miami 1320 South Dixie Highway, Suite 1$0 Coral Gables, Fl. 33125 gny tbi Jerry B. Proctor, Esq. Bilain Sumberg Raonia Price & Axelrod LLP 200 So. Sbcayne Boulevard, Suits 2500 Miami, Fl, 33131 yy„sssv_ ors. sva rarturc of aciay oy nppncaiii or Inc t,rry .to instils alien Inc strict perrorraancc of any covenant, agroement, tomi or condition of this Agret meat, or to exercise any right or remedy consequent upon the bmach thereof, shall oonstitute a waiver of any such breach or any suhsNaeni breach of such covenant, agreement, term or condition, No covenant, agreement, teral, or condition of this n Arecment and no breach thereof shall be waived, altered or modified except by written instrument, No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agranmcni, team and oondition of this Agroemia t shall continue in full force and effect with reapoet io any other there cxixting or subsoperu breach thereof, 25• Third Party lleae clarN This Agreement is exolusively for the bcncftt of the pafticz� hcTeto 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 ;bird party other than the authoti! aO successors and assigns of the parties hereto, 260 t urvival, Any covenant, tern or provision of this Agr"nretit which, in ordor to be ct'fective, must survive rite termination of this Agrcomcnt, shall survive any such tennitiation Including without limimion, paragraphs 2, 3 and 6 which shall survive this Agrcenimt, 27. l' crI01 o_, r Time Wheneyer any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall frill on a Saturday, a Sunday or legal holiday, then iu such o"m said date shall be extended to the next dAy which is not a Saturday, Sunday or legal holiday, 2S. Allure Agreement. This Agrccmant sets fartli the entire agreement between the panics herew with respxt to the subject mutter hercOf. All agrtcaments, covenants, rcpresentations, and warranties, cxpress or implied, oral or writion, of t•he panics with respect to the subject matter hereof are Contained htrelu, No other agnmmcnts, covenants, representations, or warranties, express or implied, oral or written have been made by any party to the other with respect to the subject matter or this Agreement. All prior and eoniorripotmneous conversations, MIAM1 8193 tit,15 732002153 3 ( 0 Y2s rb ,discussions, ncgotOtions, possible and a)icged agreomonts and representations, -covenants and warrartt)es with respect to the subject matter hereof, are waivtxi, merged herein and superssdod hereby, Each patty affirmatively represents that no promises have heart made to that party that are not -captained in this Agreement, and the Exhibits, and stipulates that no avidome of any promises not contained in this Agreement, and the 'exhibits, shall be admitted into oMonce on its bt:half, This Ai7romnom shall not be-supplctncntod, amended or modified by, any course of denting, course, of porfomtarloe 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 Aymment may be oxccuted (including by facsimile) in one or more counterparts, and by the different parties hereto in soporato counterparts, each of which what) executed shall be deemed to bo an original but all of which tokelt w$other shall constitute one and the same agtooment. 30, Reeordmion, Within 20 days after the Development Agreement has been signed by boat the Applicant and the City, the Applicant shall., cause a copy of the Development Agreement to be recorded at the Applicant's txpcnse in the registry ofdecris in ivliami.Dado County. 31. F,xhib All oxhibits attaehod hereto contain additional terms of this AVeement and are inmrporaled horefr, by reference, 32, ffectjye'" , This Development Agreement shall become, effective after the approval of tlta applications for rezoning and site plan approval and the expiration of any appeal periods. The approvni of the applications for rezoning tend site plan approval and of tha application for approval of this Development Agm mucnt, shall not become effective until Cho park donation is established and agreed upon by the Applicant and the City in amordtmcc with Paragraph 92d, if the park donation is not established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Doveloptrmcnt Agreement shall be cpmidered withdrawn without pmjudioo by the Applicant, �pIN 47,TNFS'S 01FRFRF, these presents have been cx=wd this �j+'" day of ..JA t , 2007, Nil A ,t stv3to.t573.w);iSit 11 'I'; MW CKItOWL EDGMENT AND ACCrP J�NC� AY Y Qr] LwTH MIAW KNOW 4LC. ,tfd•A' BYTHESE PRESVTS that: The City of Soulb Miami ackttowiedgcs and eco4pis the foregoing Dovelofmont Aereement and eiich and all or the terms and proyisions Containrd thereitt, d. dated and attached boreto. DATED Skis c` / . day CITY OF SQUIV MJAl1xT, r By:�612t.z Ar %ZC Y.vartrio 3 fer•Cinicy City Monagcr T.CESi: 4 �tc;I�I> xx Mena M. Menendez STATE OF COUNTY Of !r(/uC • .I ) t}a I'oregoin instnmteal was acknowlodgod before me this 4r��� day of ~NW 2007 by N eP of tie City of South Miami and atteslcd to by hhttt � M. Nenondwx City Cler�hy of Soulb Miaml who are( ) pctsonally known to me or r, ) produeod a valid driver's license as idcntiftcatiQu, My Contrn(ssion k.xpire8: MIAMI FYS tt6lry���}�t� Jt 7)26021531 ,QM? Nat uy pub i's Maria M. Menendoz S191 Name: {� Print Name: `� riendex Serin) No. (Nano, i.f blank): (NOTARIAL SQL) M. M�N.Nt7er� q +ry Ca7MintBSY.>ri Y 00 R71 G18 ''rvrnr F�(wpE9:MVOh fA, SCAB IN. WITNESS WEEP. the undersigned party has agreed to this DcAvlopmerlt Agrcemem dated as of abo 1017, day rint AMC! STATE OF FLORIDA ). RRC S7i� Averxue, LLC, a Florida limited liability company By; University of Miami, a Florida non - profit •ewporadon, itpi4p�,e PMal r Y' fame; Joseph lly Title: Senior residtmt for Business and •Finanr:e ) SS: COUNTY OF MIAMI- 27ADB) The foregoing 'instrument was acknowledged before me thidz day oftclivcrsity 2007, by )osoph T. Nate% as Senior Vice President for Business and 1~inance, of of Miami, a Florida nonprofit corporation, the Sole Member of MC '57'h Avenus, LLC, a Floridu limited liability company. BV/Shs Is ist luaown 12ra or has produced a Stets of driver`s liComt: as identification, My Commission Expires: MIAMI 619)10,15 7326021531 3r28/o7 Sign }.lame: Print Name: Serial No. (tit 13 [NOTARY SEAL] m' ay "A'Ic•sTo of RONi7A " " ",. Melody M. Sxdt'h 5 1CQmwinAvo Y Di758989 t �THRU li A,'w DaDL%* CA-.1K 0 1 � , 1 Y , . S w i , 1 i 7 1 ; � I i 1 I H ' 5i NA" I-ABA Dwdption All of Tract I, of 111a ItTIVISM, P1..A+T Of FEFtN't OOD, aoogr&jn tq dio'Plat tl*MA 0 ractudod in Plat Back s5, at Page 72, of tha PubNc Records of jv is o>i -dada Cotxary, Florida, I= •the Sdulh 476.657 Tact of the West 100 feet, and Iess also fbo Bast 150.4rat of tba Sautth 360 fasf, "d3 ess oleo the South 126 fW of the West 175 fact of em East 325 -D�e4 and leas lien $0 Bast 75 feet oftho West 175 feet aftbo •$auth 125 feetof said `ixaFL 71)z MA 7S feet•nf iho Wost 175 f¢ t of the -South 12S feet of Tralot'1, of'REM -9ED PLAT OF 1'"MU*OO13, aowrding to the Plat tls=f, As. ror=di�d III Plat Book 35, at 11ago 72, of ft Nblio Records ofMiarni :OnAo, County, I'loada.' $`he North 132 NA of t1c $B V, of the NE % of the SE ''/ • cc£''Smfion 25, Township 54 Soufly , Aohae 40 , lass t11e North 25 feet of thv Tioaih 132 fief of the fit A of the m -)144 or thr; S -9 ' /, of Section 25, Tov;aWp 54 Soutb, Raugo 4013wtr TTY ofthe 8B'/ of the NB r' /4 of the SE' /. of Set6n 251 `1'os Whip 54 V oath, k2•mp 40 East, dtsc4W as followst Bcgitx at thesM comet of safd SE 1/4 of the lei' /, of the Ski'! +; tbanaa nm Wv;t along the �Souxh l I'tM of stud SE %4 Of the NB '/ of ft SF i/ for a t#iattmata Of 18$ .feet fbx a Point of Begimlimg; the= Yuri Ndth paralki too, the Bast limo of said 613'/ of t1>_c JJB' /4 Of 'ft SE '/, jot' n di3W='vf 1 150 Y'ect; thmoc run Wcst parallel to the Soutb• ao of Said SE 1/4 of tho NE' /+ of the SB a/� for,a s " dismum of) 00 foci; thanac ru» parallal t4 the 3?ast lira of said' SE !4 of the m't of the S8' /+ fjor a tlistanoo of 150 feat to the So,ath but oS said SB % of 1 e NE '/, of the SE V4;1hmos nm East along Said South lino of thi SB l of the NB !4 of the Sg 1/4 Enna distando of 1.00. feet to'11re PoW' i of $egimbg, Ions tic South 2S f�• t public mad purposes. , TRW 5: 1be lqoty 160 feet of the South 330 foot of the East 13o,si a of Tract 14 of Bj7 t;m1 n AT Dit f • FBR24WOOD, 4000rd4 to tbo flat. themof, -4 Taconled In. PW Book 35, at i'ago 72, of tbo i Ygblinitecoad ofmimpi Dkde Cauaty, Florida. A portion of Tract 1, 1i15VISED PLAT OF F13R14WDOD, according to iho 1'3at ths�cof; � i tocoaded in Plat Book 35, at•Page 72, ofte. Tublia Reaords.of 341turaiwDade County, MOxitla, more particularly desOribcd as followp T'hw pwi of the'Southeast Qwtsrtor of the NarthoW Quarter of tho Southeast QwnW of Section 2S, Township 54 Sou$2Italage 40 Fm dmribad as fobows: Begin at the Soutbe gt QOXj3eT of-said Soutbemt ouarter of Npithcast Quarter of Sou0xcast 9-Z 12SEMs) M24267a1 a , �It •.. .rr..• r. l.. r.r.. •. .r ,. a •.•n_ .., rr r .�r.4re•..�rv•..4u•..•.r he k, 01 k, s 1 OR BK 25+9P6 rr�G 06051. LAST PAGe Qus%Vzt thence m West wing tlu; South Sine of said Southeast Quarxtt of 1d'0rftal9'Qnxutor of Southeast Quarter AT a dicta n of 785 feet for POW OF BFagSiJNi a; lhancc ruq, 140%th penile) to East Brae of said Southeast Querttn .af Norcast Qaartar of Southeast Qom 1450 t904 ' than% xuu W4st paraliai 410 South llna of said Southeast QtuxW of hYbrtbcast Quartw of SCn#ht4st Quattes 75 fxt; thmoarun 00u$ paralial th this FaK lino of saw Southtaat Q=Irs of .Nortlasrast Quarter of Southeast Qliestar.150 feet to to •South Una of said Southeast Qtiatw of yoaosst Qazb�r of Sotithtast (Zuarter; dw= mat along said South Am of tho Sovihcaat i Quartar of No4Weaet Quertrar of S`outbeag. Quarter for A disfanac of 75 foot to the ?0) Tr OP B1~t IM0, BSS the Swath 25 fact f'or pubUo road. t 1 ` WAMtPS AMA MM03$ � It This instrument prepared under the supervision and when recorded return to; Jerry B, Proctor, Esq, Bilxin Sumberg Baena Price & Axelrod LI.P 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131 -2336 AMENDMENT TO DEVELOPMENT AGREEMENT OR Ok 27227 P9s 1492 ^ i495i (7v9s) RECORDED 113/25/2010 09W951 HARVEY RUVINt CLERK OF COURT NIANI,mDADE COUNTYr FLORIDA (Space Reserved for Clerk) This Development Agreement is made as of this /'"day of 0 , 2010, by and between. The. City -of-South , Miami, Florida, a municipal. corporation. ( „City ") and RRC 57i1' Avenue, LLC ( "Applicant "), WHEREAS, Applicant owns the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also [mown 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 TEHEREAS, in May, 2007 and September, 2009 the Applicant received approval of minor modifications to the development plan for the Property; and W7,1REA5, these minor plan modiiioations did not change the responsibilities and commitments in the Development Agreement; and WHEREAS, on November 17, 2009: the City adopted Ordinance #2909 -2021 amending the Development Agreement to record the parking roquiretnents f'or the continued development of the Property, as adopted in the City's sand Development Code; Folio Numbers; 09 -4025- 026 -0010 09- 4025 - 026 -0020 09- 4025 - 026 -0030 09 -4025- 026 -0060 Sec/Twp/Rge: 25 -54 -40 MIAMI 2001026.5 7743027649 3/23/10 EXHIBIT 111311 tp\ 1, NOW, TTIRREFORE, the Development Agreammnt is hereby amended as followsr 1, Addition to uect,� Lion 1, R. The extent of r4gail, office and restaurant uses shall not exceed and be limited by, the ca acit of rovided parkin. The development shall comrsly with the oarkhiR reauirements in the Land Development Coda 5eotiorn 20 4A(B) for_all rat it office nd rest ur„ant uses. Addition to Sects, n Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5g, 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.* BAs of October, 2002: 9S8 total narkin s aces remain aftor reductions sat forth In 5r above gnd 11 s aces r(micy d for bik racks,, 891 spaces for reside tia! nits• and a total of 67 spaces rginabi for retailiofficetrestaurant uses. n 1 Amendrnent to Section on 23. k For the Ap lie nt: Ira -Al �erte�al- Camel's -9f c� fiver- sit:y-- of- A4ion�i 13�omt- lr- 131�is -1�Z ' e --1�#1 R„_IW 57'h Avenue LLQ. Mr. Ja Jacobson, .Director Wood 1'artnS s 2600 North lviilitar Trzilite 1.00 Boca Raton r13 431 MIAMI 2061026.5 774302762I9 � V8: I6 I. u 0 u a 4. Within 20 da s after the Amend neat to l2eveloliDent AgroMent has been signed by both the A lican± and the City, the A licant shall cause a o0 of the Amendment to Deve,. �-Yhent A i at the A u 0 u a 4. Within 20 da s after the Amend neat to l2eveloliDent AgroMent has been signed by both the A lican± and the City, the A licant shall cause a o0 of the Amendment to Deve,. �-Yhent A ecinont to be recorded at the A licanfs ex ensc in the rggistU of deeds in LAimpiwL)ade County and Applicant shall furnish a nullifies the validity of the Amendment to .l?eyalo anent A r ea)ae t, IN W -ffESS WHEREtOF; these presonts have been executed this /Z AA day of 2010. [SIGNATURE PAGES TO FOLLOW] MIAMI 2001026.5 7743027649 3 218110 II H ACKNOWLEDGME T AND ACCEI>TANCE Y CITY OF SOUTH MIAMI KNOW A L M,SN RY TIiESE PRESENTS that; Tho City of South Miami acknowledges and accepts the foregoing amendment to the DDvelopment Agreement and each and all of the temis and provisions contained tber0n, , dated and attached hereto. DATED this w_r day of J , 20101 CITY OF-SOU MIAMI 13y; Mager M. Carlton Acting City Manager ATTEST: r . .............. ........ .................... . ............ ..... . ..... ...... ......,......,.............,,.. % CLERK STATE r al �Tj((iw ) ) S8 COuwy Or j�1llAniwAR r _ ) A The foregoing instr>imoni was acknowledged before me this JA day of NI , 2010 by g y wcf4tloo of the City Of South Miami nd attcsted to by e o.. V.. �k�xS is? ,City Clerk, o'ty of South Miami who are ( ) personally known to me or ( j produced a valid driver's license as identification. Notary Public; -E- — ---- -1 -- - Sign Namc: Print Nar My Commission Expires; WEIIGA A. PAYNE Y f �+tYCfJ1a11�115810N pD 1 o. (None, if blank): a• EXPIRES:Oclobor5 ?11 (NOTARIAL Sl*At ) fiuuOed TNrotary Qc6Uc Undan+�iIQ ��riw7�a,6ic . M IAN1 l 2QG t 026.5 7743027 049 � 2 ,'x: I 0 IN WITNESS WiIERI3OF, t e undersigned party has agreed to this Development Agreement dated as of:tbe ` day of 20104 Wit RRC 57' Avenue, LLC, a Florida limited liability company 13y: Wood 4d Road Co on ifs np, Pr sr r� Print Name By: Name; T1tte; w"j y,,. +nVW Aev Vice President STA'T'E OF FLORIDA ) C;OUN J Y OF ....The 4bregoing instrument -vas aclu3awiedged- before mo this _. _ day .of . "11 2009, by day S. Jacobson, Vice President of Wood Red Roo com" ons, nL; Partner of RRC 57`h Avenue, LL,C, a Florida lim;itM liability oomp4ay k' /she is PC r onally own to lne or has prodned a State of 6nver' ense as identification, My Commission Expires: Sign Name, !;Tint Narz�; Serial No. (none, if blank); MIAMI 2001036.5 V43037649 5 318110 [NOTARY SEAL] ,,�tt "� rr't+ Samantha Northc& �n CD1aM�SSION�fDD7A03M v' �a EXPIRE 5: JAN. 06, 2012 �'�, wymAARONNOTARY.oM C N 4 0i @a 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 Fast 75 feet of the West 175 feet of the South 125 feet of said Tract. Parcel 2t The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of RBVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dada County, Florida. Parcel ,3: The North 132 feet of the SE l 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. ........... par• eel .. ............................... .... .. .. ;;,...t.; ..� i f; ; ...... , ..................... .......... . . That part of die SE'/ of the NE '/ of the SI✓, pf Section 25, Township 54 South, Range 40 East, N described as follows: Begin at the SE corner of said SE '/ of the NE '/a 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 1/4 of the NE '/ of the SE `/a for a distance of 100 feet; thence run parallel to the East line of said SE '/ of the NE '/ of the SE '/a 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, P.qrcel 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 FERNWOOD, according to the flat thereof, as recorded in Plat Book 35, at Page 72, of thd]P -F' it c Records of Miami -Dade County, Florida, ti rriore 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/)0 ft, n OR B y^^ 2,,+.,7227 PG 1498 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 bast tine of said Southeast Quart�cr r;f;Nol�theast Quarter of Southeast Quarter 150 feet; thence run West parallel to South line 'or',aic 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 2041026.5 7743027649 3/9/10 VA II 0 z, Z 9-z j rx h Q ZZ Ems" � q � ��•,� � � � � i7' t 1 ��� w.. � � �+ Ir t i ^„' z OA ?' . bD CS ter :.5 4 cad n1i CIO �I W to G; R j zr C`1 M EXHIBIT "C" 1. u a �af z G U dr.. a p q c yam' N ;� N C,'• dQ tn. Yi Q Q `rA aO p w n O y ccdi rt^.r v G a y ro 4) Ct4 Iry 74 E 2: A A; :n CCU r ' 5 h , �n • VIA l 'fin 1• W 4) 4W/ •��.�� ~ ell 1 C \ ke 4�1� `. cv a rj 'y Oj) c a Iq F `,a U � � � � � �:ra as �=. .r �' • o G va o DA U N •Zr <f f� fR 4 W4 �f �.N m 'Skit. 11 CID *-:r a� 1 J ,T Q !+ tai.. ro o u o r� ,.. i p ,xK f W � W c v CPA r C O o ZI Pa 01 r� C� a .ro sr3 q u� r CL c nq 1 J ,T Q !+ tai.. ro '� a o CJ If n n u cr:T ri pxz (� ` C "ter. •.IV r Ga M as +aa n., N �? �- fxn� UU c M• '' . t�. •ny � ,�'•li iM `r w � •� � Wes' '� U w^j a .Y M h CI4 0 s�. In %0 r` O ti LO rJ ••M r,N U = tz M 0 to r a �.s ro 1 u r i MI a L •max ♦ W M r� «i as Q Ca D N W 1 U •iy ^,q G cad Y s~ u Gn �NN 10, u7 tJ Q; ca U MI a L •max ♦ W M r� «i as Q Ca D N W 1 U •iy ^,q G cad Y s~ u Gn �NN 10, n a cc� e G z [ 100.4 0 v t� Q L� \`v , tI ! PA (r4 o �+ iJ w q x ra C.J U 4 w a rAI n IV N Id c, r N as T a v H y b ✓� �, to .,,,,� '"., M4 u K i' M i •.a �cJ 11 f A Uzi 'n Sunaberg ATTORNEY,, AT.LAw Jerry B, Proctor, Esq. lei 305.350,236i Paz 305.35t.2250 jprootorabllzrn,eom December 4, 2000 Via Eland Delivery Mr, Thomas Vageline Planning and Zoning Director City of South Miami 6130 Sunset drive South Miami, FL 33143 Re; Development Agreement "Red Road Commons" project Dear Mr, Vayeline, Thank you for meeting with the development and management team from Wood Partners on Monday, Novemtler 16 to discuss the Development Agreement for "Red Road Commons ". t This response will address the permitted and required Items in the Development Agreement, and the current status, Please note; i. Permitted Uses, Densities and Intensltfes; o Item (a.) The Property was developed with a total of 404 units As shown on the approved permit drawing set. o Item (b.)The Property was developed with approximately 10,000 plus sq ft of retail space and a Leasing Office located in Building P. as shown on approved permit drawing set. o Item (c.) The Property was developed with a maximum of 5 stories in height as shown on approved permit drawing set. o Item (d) The Property was developed in substantial accordance with the adopted master site plan on file at the City, including elevations, architectural features and 1/The Project location will be referred to as the "property" ut this report, and the Property owner, Wt.0 576 Avenue, i_i,C, will ba referred to as "RRC ". Attaclu-nents to ails letter arc marked to correspond will) the Item numbers listed to the letter. 1 have also atiaohad a copy of the recorded Development Agreement EXHIBIT �}[��� MIAMI 2001048.,27743027649 1214109 BIL21N SUMBMG BKENA PRICE & AXELROD LO 200S. Biscayne Doulevaid, Suft2 2500, Mlamt, FL 33131.5340 T0306.3743580 Fax 305.374.7593 It Mr. Thomas Vageline City of South Miami Decomber h, 2008 Page 2 estimated square footages pursuant to Section 20,3 -7, City Code. The City Manager approved minor modifications to the site plan in 2007, prior to development of the Property, and in 2009 to accommodate the placement of bicycle racks on the Property. o Item (a,) The Property was developed in one Phase, o item (f) RRC applied for a building permit within six (B) months of execution of the Development Agreement. Z Public Facilffios: o item (a.) Water and Sewer asbuilts were issued to Jose Olivo, Public Works Dept,, on Wednesday November 10', 2009, (Transmittal attached), SW 66 and SW 68 street Drainage asbuilts were issued on November 20, 2009. (Transmittal attached) o Ifern (b.) Attached i is the a agreement between Red R Road Commons and All Services from D Dade C County, i including s service frequency a and permitting, Item (c.) Drainage services were constructed as per approved permit drawings and inspected by the City of South Miami, o Item (d.) Payment in the amount of $997,895,20 was made to the City of South Miami. A copy of the check is attached, o Item (a.) FDOT plans, permits and record of final Inspections from FDOT and MDC were issued to Jose Olivo, Public Works Dept„ on November 19`", 20094 (Transmittal attached) o Item (f.) A compliance report will be submitted to the Interim City Manager in January, 2010 as required by the Development Agreement, The initial $100,000 payment to the City was made (copy of check attached), 9, Taxes; No tax exemptions has been filed, Taxes have and will be paid as required, 4, Work Force: ,A compliance report will be) submitted to the Interim City Manager in January, 2010 as required by the Development Agreement. 5, Site Plan: o Item (a.) Attached is a copy of the FDF.P agency permit with records of Inspection, o Item (b.) RRC has secured all building entrances, elevators and gates w'Ith FOB key and transponders issued to all residents. Coordination of emergency vehicles has also been taken seriously. RRC has met with the City. of South Miami Police MIAMI 2401048,2 7743027649 1217iog _� BILZIN SUMBERG DAEKA PRI06 & AXELHOO L0 v Mr. Thomas Vageline City or South Mfarnl December 4. 2009 Page 3 , . Dept and issued 60 FOB keys and Transponders which all their on duty officers and vehicles will oarry in case of any emergencies, (See attached spreadsheet and communication), Additionally, RRC has met with Dade County Fire Department and addressed emergency team access by Installing Knox Boxes in all gates and SupraMax Rapid Response Systems boxes in all points of .entry to the buildings, including appropriate signage (see attached sign examples), The RRC Leasing office is ready to respond to any emergency during working hours from Monday through Saturday and has part time police officers and the maintenance manager living on the premises which are ready to respond to any after hour emergencies. o Item (c.) Development attachments were issued to Jose Olivo, Public Works Dept., under Item number 2(e). o Item (d.) The Property was developed with control access gates as shown on .. approved permit drawings. .sheet..C5,1.. (Architectural blow up included for clarity) o Items (e,) Record plan sheet, drawing C5,1 rev, 20 was issued to Jose Olivo, Public Works Dept., on November 191h, 2009, (Transmittal attached). o items (f.) Record plan sheets per City approved revision 18 including small dated October 10t°, 2008 confirming Landscape lay -out and additions were issued to Jose 011vo, Public Works Dept., on November 19a', 2009. (Transmittal attached) o Item (g.) A six (6) ft tall CBS wall was constructed per city approved plans revision #2. o Item (h.) Attached is a letter from Laramar Communities, LLC (Asset Company) with a brief summary of how employee parking is ossigned and enforced, Additionally please see attached documentation from Hector Rabi, City of South Miami, showing all approved occupational license numbers. o Item (f.) Master Signage was provided and approved by the City of South Miami. o ftEm a j A 3rd party lighting consultant has been hired and a final report will be Issued within 30 working days. o Itern (k.) RMLISe areas have been constructed to accommodate adequate durnpsters, Drawings have been approved by ERPB and oonstructed as such. All Services (solid waste company) is functioning efficiently and with no complaints. o Item (I.) No FDOT Maintenance Bond was required. A letter from David Plummer & Associates was issued to Jose Olivo, Public Works Dept., on November 19`h, 2009. (Transmittal attached under Item 42a) MIAMI 2001048,2 7743 02764 9 1214109 C le SILZIN 5UMBFRG BAENA PRICE 8 AXELROD LLP .i W rcA rr. ka /x W. Mr. Thomas Vageline by of South Miami 1"•.�ember 9, 2008 Page Q o Item (m.) Retail establishment parking has been approved as shown on Permit plan set sheet E -A3.01 revision 14. The allocated number of spaces will be maintained as required by L.aramar Communities, LLC, o Item (n.) Sidewalks have been installed per the adopted site plans, • Item (o.) The Paseo on the North side has been constructed has per the approved, amended Site Plan. • Item (p.) Civil drawings C5.1 (rev 20) attached shows a total of -6 Loading Zones as approved by the City of South Miami, • Item (q.) 4nwStreet parking on SW 66 Street was eliminated by the City. Final construction was built per approved City of South Miami Permit drawings. o Item (r.) There are now 968 parking spaces serving the development, This total was ratified by City staff and the City Commission as part of the most recent minor plan modification approval and a subsequent ordinanmu adopted by the City Commission on November 17, 2009. a Item (s.) A letter from David Plummer & Associates was issued to Jose olivo, Public Works Dept., on November 190, 2009. (Transmittal attached under Item #12a) o Item (t) City of South Miami will monitor from time to time on a complaint driven basis. This requirement came about because of a rooftop pool/recreational design on top of the parking garage in the original development design and noise concerns about this arrangement by City staff, This design was modified by RRC, and regrestional space Is now located inside buildings o Item (u.) On March 271 2008 a contract was executed between Coastal Construction and benison Parking at Shops at Sunset for a total of 100 parking spaces and later expanding to a total of 170 spaces to accommodate additional Construction vehicles. 6. Schools: The attached $34,800 payment was made to the School Board in 2007. 7. unity of Title; A Unity of Title for the Property was recorded in 2007, A copy is attached, MIAMI 2001048.2 7743027649 12/4/09 '` � 01L(IN SUMpEnG SAE NA ppiC AY,EI ROp 14f' u Mr. Thomas Vageliine City of South Mtarrt December 4, 2009 Page 5 Thank you for your cooperation, If you have any questions, please give me a call, Sincerely, �x x/4�V Jerry B, Proctor JBP: id c: Roger Carlton, Acting City Manager Jay .Jacobson Rolando Jaime MIAMI 2001048.2 7743027649 12A/09 <z`� BILZIN SUMBERO BACNA PRICE & AXELnOO LLP it1- 'DROiibPltUf'sL'RT��SI.bC w,�+w�� u�oraoway.w. Uhl! tJ0 3Wddit irA M740 (77o195t 89d9 Jw mry & 2WO M x;895 20 4040M Md 70 m:nla v+a "" i i7FgJUi7t h9AhY _ 'T ^ct•,I, odd, I QI Pnunca 61348U Imj PRtv9 3� ���':';� _ r1 ;�. f ,. 4VYW MWJd( p! x1149 .., ., t '� w ' t�DDpDgO i 21r �;Q�+l.bpb � 2 7�. xDDC]gB 6D•tiCY�1 ... ... ~e'dCi99 7898 FOt' ", . to to do It n n tL • QQ t do odo fo old it I or to J "' 1 } cC A Mp� y I 'lot t, It f t` i3.7xG^97a iKaO� l ot odo u EXHIBIT "E" 216/13 Miami -Dade County. Tangible Personal Property Tax Sea - rch By: 2012 TANGIBLE i i N x' PROPERTY TAXES Select Item . .. ........ ----- - ----------- NOTICE OF AD VALOREM TAXES AND NONwAD VALOREM ASSESSMENTS Detail Tax Information: Tanaible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax \i -L.-- IRA -_ --1. .. rwiiiei rwerr wrartuurri ff .,SiS 1 E' ! l dL 3 (IMi };;:r.:( is ( !• • ;1'Sr ' �r i.7 1Pa ;C:,_ AIA r'[ u,. %.i., r^ t'. C %Ch. Ct ^c; A..,:.,r.:1.3i:: e ,...- t�. �. 1!: , 1.,1... 40260595 SOUTH MIAMI 49541 0900 121.36 .50000 49541 Owner's name & billina address: EQUITY RESIDENTIAL 6620 SW 57 AVE MIAMI FL 331433845 Property address: 06620 SW 57 AVE Miami -Dade School Board SCHOOL BOARD OPERATING SCHOOL BOARD DEBT SERVICE State and others FLORIDA INLAND NAVIGATION DISTRICT SOUTH FLORIDA WATER MGMT DISTRICT EVERGLADES CONSTRUCTION PROJECT CHILDRENS TRUST AUTHORITY Miami -Dade County COUNTY WIDE OPERATING COUNTY WIDE DEBT SERVICE LIBRARY DISTRICT FIRE RESCUE OPERATING FIRE RESCUE DEBT SERVICE Municipal Governing Board OPERATING PENALTY 02002 Miami -Dade County. All rights reserved. Exemptions: ",.'. .'cr:'. 7.76500 49541 384.69 .23300 49541 11.54 .03450 49541 1.71 .28500 .36760 49541 18.21 49541 .06130 49541 3.04 121.36 .50000 49541 24.77 2013: 4.70350 49541 233.02 .28500 49541 14.12 .17250 49541 8.55 2.44960 49541 121.36 .01310 49541 .65 4.36390 49541 216.19 259.47 Combined taxes and assessments (gross amount) for 2012 : $1297.32 Tangible Personal Property Home Tangible Pers nal Property 1 2012 I'axes Delinouent Taxes Due 2012 Back Assessm ents 12012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice /Memorandum Miami -Dade Home i Usna Our Site i About I Phone Directory I Privacy i Disclaimer E -mail yourcomments, questionsand suggestions to Webmaster EXHIBIT "F" eg\isys.miamidade.gov.1608Mmmserv/ggWpdxaw02.dia?folio=40260595 1/1 November 302012: $1255.81 December 31 2012 : $1266.18 January 31 2013 : $1276.56 February 28 2013: $1286.94 March 31 2013: $1297.32 Tangible Personal Property Home Tangible Pers nal Property 1 2012 I'axes Delinouent Taxes Due 2012 Back Assessm ents 12012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice /Memorandum Miami -Dade Home i Usna Our Site i About I Phone Directory I Privacy i Disclaimer E -mail yourcomments, questionsand suggestions to Webmaster EXHIBIT "F" eg\isys.miamidade.gov.1608Mmmserv/ggWpdxaw02.dia?folio=40260595 1/1 �11 a, &; &; A: 2/6/13 Miami -Dade County. Tangible Personal Property Tax Search By: I Select Item *r': { 4 s.._. __ ---- ._..._..._ Detail Tax Information: Tanaible Personal Pronert 2012 Taxes Prior Years 2012 Ad Valorern 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice /Memorandum © 2002 Miami -Dade County. All rightsreserved. Tangible Personal Property Tax Today's Date: 02/06/2013 Last Update: 02/04/2013 Tax Year: 2012 Folio Number: 40260595 SOUTH MIAMI Business's Name: EQUITY RESIDENTIAL Business's Address: 06620 SW 57 AVE Total Assessed Value : 49541 Exemptions: NONE Gross Total Taxes: Ad Valorem Total Gross: Payments Applied To 2012 Taxes: Millage Code: 0900 1297.32 1297.32 Date Applied Register /Receipt Amount Paid 01/30/2013 6000/0000525 1276.56 Amounts due are subject to change without notice. ntact lnformati E -Mail: ro tax miamidade.gov (305) 270 -4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon - Fri 8:00 am - 4:34 1 Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue Q Tangible Personal Property Home I Tangible Personal Property 12012 Taxes I Delinquent Taxes Due 2012 Back Assessments1 2012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice /Memorandum Miami -Dade Home I Using Our Site I About I Phone Directory ( Privacy I Disclaimer E -mail your comments, questions and suggestions to Webma:4.er eg vsys.mf amldade.g ov.1608Mwaserv/g g WpdxavvO8.di a?fol i o= 40260595 #txvavk2 1/1 2/6113 Miami -Dade County. Tangible Personal PropertyTax Search By: �! 2012 TANGIBLE PERSONAL PROPERTY TAXES 1-Select Item vd ' NON-AD Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice /Memorandum t�'O IO All31"kA:nirn' RUr;tW Pni riY rritLI CCjDE S, S t14 VA Lil- 40232199 SOUTH MIAMIJ 090ol 191297 Owner's name & billing address: Property address: Exemptions: RRC 57 AVE LLC 06600 SW 57 AVE TPP EX: 25000 2600 N MILITARY TRAIL #100 BOCA RATON FL 33431 ©2002 Miami -Dade County. All rights reserved. Tangible Personal Property Home I Tangible Personal Propel 12012 Taxes I Delinquent Taxes Due 2012 BackAssp nlents 12012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice /Memorandum Miami -Dade Home 1 Using Our Site I About Phone Directory I Privacy I Disclaimer E -mail yourcomments, questionsand suggestionsto Webmaster egvsys.Aarridade.gov.160&1��erVgg\4/pdxavvO2.dia? folio=40232199 1/1 Mr; Alai £'1«it',r illaq,.; -ati,' i3 ?�' i li'0) of `ti x;7.1r!i E; /c31 �.i`.:i Miami -Dade School Board SCHOOL BOARD OPERATING 7.76500 166297 1291.30 SCHOOL BOARD DEBT SERVICE .23300 166297 38.75 State and others FLORIDA INLAND NAVIGATION DISTRICT .03450 166297 5.74 SOUTH FLORIDA WATER MGMT DISTRICT .36760 166297 61.13 EVERGLADES CONSTRUCTION PROJECT .06130 166297 10.19 CHILDRENS TRUST AUTHORITY .50000 166297 83.15 Miami -Dade County COUNTY WIDE OPERATING 4.70350 166297 782.18 COUNTY WIDE DEBT SERVICE .28500 166297 47.39 LIBRARY DISTRICT .17250 166297 28.69 FIRE RESCUE OPERATING 2.44960 166297 407.36 FIRE RESCUE DEBT SERVICE .01310 166297 2.18 Municipal Governing Board OPERATING 4.36390 166297 725.70 i_Caitr1 i2 � l�1, }((i', rrr \' PENALTY 870.97 Combined taxes and assessments (gross amount) for 2012: $4354.73 November 30 2012: $4215.38 December 31 2012: $4250.22 January 31 2013: $4285.05 February 28 2013: $4319.89 March 31 2013: $4354.73 ©2002 Miami -Dade County. All rights reserved. Tangible Personal Property Home I Tangible Personal Propel 12012 Taxes I Delinquent Taxes Due 2012 BackAssp nlents 12012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice /Memorandum Miami -Dade Home 1 Using Our Site I About Phone Directory I Privacy I Disclaimer E -mail yourcomments, questionsand suggestionsto Webmaster egvsys.Aarridade.gov.160&1��erVgg\4/pdxavvO2.dia? folio=40232199 1/1 M: 2/6/13 Miami -Dade County. Tangible Personal Property Tax 0: Search By: L Select Item.. - -- ..._..°;� Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice /Memorandum ©2002 Miami -Dade County. All rights reserved. Tangible Personal Property Tax Today's Date: 02/06/2013 Last Update: 02/04/2013 Tax Year: 2012 Folio Number: 40232199 SOUTH MIAMI Business's Name: RRC 57 AVE LLC Business's Address: 06600 SW 57 AVE Total Assessed Value : 191297 Exemptions: TPP EX Gross Total Taxes: Ad Valorem Total Gross Payments Applied To 2012 Taxes: Millage Code: 0900 4354.73 4354.73 Date Applied Register /Receipt Amount Paid 11/30/2012 6009/0001103 4215.38 Amounts due are subject to change without notice. E -Mail: proptax miamidade.gov (305) 270 -4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon - Fri 8:00 am - 4:30 Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 4 Tangible Personal Property Home I Tangible Personal Property 12012 Taxes I Delinquent Taxes Due 2012 Back Assessments1 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice /Memorandurn Miami-Dade Home I Using Our Site i About i Phone Directory I Privacy i Disclaimer E -mail your comments, questions and suggestions to webmader egvsys.miamidade.g ov.. 1608 /wAmoserVgg Wpdxavv08.dia?folio= 40232199 #bcavv02 1/1 2/6/13 Miami -Dade County. Real Estate Tax Information Show Me: ProperlyrTwes v` Search By: Select Item y: Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non -Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Pa. ayments 2012 Tax Notice /Memorandum 2012 REAL ESTATE PROPERTY TAXES NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS Owner's name $ killing address: Property address: 09 40260260010 SOUTH MIAMI 0900 6600 SW 57 AVE NONE Owner's name $ killing address: Property address: Exem tiD ons: RRC 57TH AVENUE LLC 6600 SW 57 AVE NONE questions and % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 BOCA RATON FL 33431 fora change of billing addressfonn click here ;,: rJt °; ..1. ,.' ::LI ,.',.: ... Ili -S<, Idi.i [ ;> i,l)i �) (i7 ,?'<it.t °. .1 \f E......•i . .a. ,. Miami -Dade School Board SCHOOL BOARD OPERATING 43,690,000 7.76500 43,590,000 338476.36 SCHOOL 80ARD DEBT SERVICE 43,590,000 .23300 43,690,000 10166.47 State and others F'LOKIDA INLAND NAVIGA I ION U181RIG I 39,600,000 .03456 39,600,000 1366.20 SOUTH FLORIDA WATER MGMT DISTRICT 39,600,000 .36760 39,600,000 14556.96 EVERGLADES CONSTRUCTION PROJECT 39,600,000 .06130 39,600,000 2427.48 CHILDRENS TRUST AUTHORITY 39,600,000 .50000 39,600,000 19800.00 Miami -Dade County COUNTY WIDE OPERATING 39,6003000 4.70350 39,600,000 186258.60 COUNTY WIDE DEBT SERVICE 39,600,000 .28500 39,600,000 11286.00 LIBRARY DISTRICT 39,6001000 .17250 39,600,000 6831.00 FIRE RESCUE OPERATING 39,600,000 2.44960 39,6001000 97004.16 FIRE RESCUE DEBT SERVICE 392600,000 .01310 39,600,000 518.76 Municipal Governing Board CITY OF SOUTH MIAMI OPERATING 39,600,000 4.36390 39,600,000 172810.44 Combined taxes and assessments (gross amount) for 2012: $861492.42 : jr {.3iY iii >f)1 November 30 2012: $827032.72 December 31 2012 : $835647.65 January 31 2013 : $844262.57 February 28 2013 : $852877.50 March 31 2013 : $861492.42 Back Property Tax Home I Real Estate Tax Info 12012 Taxes I Pnor Years 12012 Non -Ad Valorem 2012 Back Assessments 121 Enieronse Folio 1 2012 i li�lorical Abelements 1 2013 QnanP.nV PBVm P.ntS 1 2012 Tax Notice /Memorandum Miami -Dodo Homer I Using Our Site I About I Phnn> Directory I Privacy I oi5d9imer 02002 Miami -Dade County. All dghtsreserved. E -mail your comments, questions and suggestions to Webmador eg vsys.mlarridade.g ov. 1608/ wnnriserv/ggWtxcawi0.dia?folio= 0940250260010 1/1 w 2/6/13 Miami -Dade County. Real Estate Tax Information k Show Me: 2012 Taxes Pro Twes Today's Date: 02/06/2013 Last Update: 02/0412013 Tax Year: 2012 pedy ._ Folio Number: 09 40250260010 SOUTH MIAMI Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Search By Property Address: 6600 SW 57 AVE {{ Select Item v _.___..._....._._. ..___...._._._....___.._- - -._._ ..__.___..._ ___ To view 2012 Tax Notice /Memorandum click here Detail Tax Information: Real Estate Tax Info Gross Total Taxes: 2012 Taxes Ad Valorem 861492.42 Prior Years Taxes Due 2012 Ad Valorem Total Gross: 861492.42 2012 Non -Ad Valorem ........ ._... -.- .., . _ ......_ -. ......... ..___ ..._ _ .._,_ .. ....... ... ... __. 2012 Back Assessments 2012 Enterprise Folio 2012 Taxes are in paid status. 2012 Historical Abatements 2013 Quarterly Payments Payments Applied To 2012 Taxes: 2012 Tax Notice /Memorandum Date Applied Register /Receipt Amount Paid 11/3012012 6009/0001104 827032.72 Amounts due are subject to change without notice. ntact Informati E -Mail: prootaxa. miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon - Fri 10 AM - 4:30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home 1 Real Estate Tax Info 1 2012 Taxes I Prior Years 12012 Non -Ad Valorem 2012 Back Assessments 12012 Enterprise Folio 1 2012 Historical Abatements 12013 Quarterly Payments 1 2012 Tax NoticelMemorandurn Miami -Dade Home 1 Using Our Site I About 1 Phone Director 1 Privacy i Disclaimer © 2002 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to Webmaster eg vsys.mi arridade.g ov. 1608 /wmNserVg g Wtxcaw02.dia?folio= 0940250260010 1/1 .t : %.,i',P'�.�� 1 tl�t' �' -rte: il>,.; `• F ir 'led Aefhodkt C "st Uni I hurch bSbS Actt Rook' ainitabMes, ft 33143 op-(305) 667.1'500 ► fan 0051 66741509 « am811 iatncr0balisoutbid January 23, 2408 Fl W Julian Pe= plumi ug and 7ordq Nrwwr %✓dIr' yd R]Vµµi 1V74iLT,9 6134 Sunset Drive. South M #ami/ PioAda 33143 Ro: Red Road Commons Propert /Projeot SW Corner of Read Road and S.Wr 66 h Streot, South lvliami To fulfill the regniremcuts of the Development Agreement for the Red Road Conamoals Project, First United IJ c%odist Church of South Miami itas worked with representatives of lied Road Commons and reached and agreement on the attached roadway improvements to Red Road between the Church property and the development parcel. Ile developer lass cowed ted to these improvements along Red Road, at their expemc, for the safety and bettemeut of the commtunty and our congregation, Amorditagly, First United Methodist Church of South Miami is pleased to endorse these improvements, and vrt'ify that tho developer has met the spirit and letta:r of the Agwemem between parties given that the completion of the project will enUil each of the item described. l thank the developers and the City of South Miami for the spirit of cooperation, whiob undoubtedly will lead to a better community. Plca_se feel &ee to contact me should late neod arise. Thomas . Nelson, Pastor Mist United Methodist church of South Miami Cc: Mayor Horace Cx. FeR14 City of South Miami .ferry B, Proctor, Esq. Alexis Stilwell, Chair, TntAw,%F'irst WC of South Miami Victor Hover EXHIBIT "G" U RED ROAD COIVJN1O Ns Red Road improvements 1. Push- button "ail pedestrian" crosswalk signal phase on Red Road at Levante Avenue, I Better street striping M pedestrian crosswalk between Church and project. TI 3, Setter pedestrian signals with countdown features. 44 New pedestrian ramps - Levante Avenue and Red Road - a improved safety, better handicapped accessibility, 54 Shorter pedestrian crossing distance, g. Additional curbinglsidowalk area on east side of Red Road at Levante Avenue, 7, Landscaped Median on Red Road between US 1 and Ponce de Leon Boulevard, MlAMi 1457358.1 7443MUA9 )114108 4:39 PM it 4 AT 1'-OA Ht Ya AT %AW Jerry PrOOO(, rU% 101 30'S.B5p ml Fps 805.351,2250 September 27, 2007 Via Hand ps)lya!X Ms. Corine Esquljarose Fac)litles Planning, Warni•Dade County School dotard 1450 Nt 2 Avenue, Sulle 525 Miami, Ff 331$0 Rih: "Fled Road Commons" Development Property; 6800 anti 13640 SW 57 Avenue and 5767 $W 68 Straet, City of South Mlaml Eaeoc Ms. Psquljarasa; Pursuant to Clause 6 In the attached Development Agreernent for the "Fled Road Commons" development, enclosed please find a Cheott to the Miami -trade County Schoot Soard In the ornount of $34160Q.00. Please confirm in wrl(inq that this payment satisfies the condition of the Devslopm*nt Apreement and any building perrnit requirements of the School Board on this matter, Thank you for your cooperatign, JBPJd cc: Jay Jacobson {wlenci,) Tia Jesses (wlencQ Julian Perez, City of South Miami (w /encL) MIAMI 14 *963 - 17743027649 9127N7 4:27 PM Sln�xrely, .ferry B, Proolor EXHIBIT "H" , AT 1'-OA Ht Ya AT %AW Jerry PrOOO(, rU% 101 30'S.B5p ml Fps 805.351,2250 September 27, 2007 Via Hand ps)lya!X Ms. Corine Esquljarose Fac)litles Planning, Warni•Dade County School dotard 1450 Nt 2 Avenue, Sulle 525 Miami, Ff 331$0 Rih: "Fled Road Commons" Development Property; 6800 anti 13640 SW 57 Avenue and 5767 $W 68 Straet, City of South Mlaml Eaeoc Ms. Psquljarasa; Pursuant to Clause 6 In the attached Development Agreernent for the "Fled Road Commons" development, enclosed please find a Cheott to the Miami -trade County Schoot Soard In the ornount of $34160Q.00. Please confirm in wrl(inq that this payment satisfies the condition of the Devslopm*nt Apreement and any building perrnit requirements of the School Board on this matter, Thank you for your cooperatign, JBPJd cc: Jay Jacobson {wlenci,) Tia Jesses (wlencQ Julian Perez, City of South Miami (w /encL) MIAMI 14 *963 - 17743027649 9127N7 4:27 PM Sln�xrely, .ferry B, Proolor EXHIBIT "H" .I .wyrgj..,y,� ..Y: .r • ty:a.•. /r••Ny" . It . %' . +, x r..'I ,,, .,. :'itl`a• .'t`.4 • t, r I • y;.n` yl: ��♦ar' '�t'': -`' {' ril; .,i• ' c; :t.4 ,`d..d±E','4.' :i�t•; f:•ty %r • ylj {rL '••i..:.:.,..1..., • I;.Xi 'i : a'«'�.rS!!; ,;•f„ y n 4 r,y Fi ,''i�' t � '.i . ! ,r... / e. rl., ♦. }•.: M;t . di!, � ,l. �. 4' y..l tf'n�.,�s �al`.ti•kya a.•s % °J}>:il.i `' ' }I• „t.; "t "'N !.�?••:i7'•a'! "5'. "; '.[ .,• .. .4.lf ;� 1 %,)q+ .1 1.il: i?: FG,'.itJ� n. : •'ii .��'i�:S fat} t Its, •tfi {•!'t r •; {>.. •tI . t'' ' 4. ' `. ;'�Y}`.)`,,^ '�yry�5'i. °������_ �, I;�K ?'tY'i'�V). '+','�•'.. tt, �Sj�••' i) F� " }l + "i':t�fi�+�+rN+•.ii�"t,� ... vi• •.11 � i.:'�i•`i, .'�.+n" RC �.y"`�Cv�`�t�'Si13"•J'•if i'�� "::7� �' S7.y �`i• "l�ti� ".1, /� t�f y.•,�i .�••, �•J ��.✓..kR'5�.�. ,%�:, y: iy yiaS. :'t1rii;;;::: `,'y; :i, F`�,+... 1��.:•lii4 Si�Si .••inn. #�..�:'9�,S:�y-'(k,�l. .�' •��' .: t' i u •f ✓ +r::l ljrlf• ���A }�YS �'vl`Yr<<w<,liu5,�t„`(,;Yi ,: •�ti ' 4.,55. , y' t.r .')'•. �S� L'i 1�t ^1 {•,�'• �,�, � \, '1 ,( ❑ ' +C;. •':�aLq} .o •. \. fit' !•, Se _' ix,l �•�`i ?�V'„�.. L''P "vJ !f:: y�� •; C•[: •1. }.: •V: ,'` ".5" 1}; • +t• .F: .rnS�, •1t!.., IStN' ?: '7' #'r �!' :i�ai 'Y %. s�.t. •:v(`i' µr•.y'!'.� t�.r, t '. 5c•h t�}, i�4 .f.• F>�.• yy��������•�jy •t r '�•�gj ��, [l. . 4' ({{ F� If Yi <.1l {�.. { i-uwt 'M'.r,:''.1 r,:.•r 1 4 t�ir1§ .•r,, i1w''I..A , ) .t ;... t " { )s' !• .' ") ii :"� •'�.L:l "` AI , .rr .','. 'S,t , \ k- go. i ':5 }- tlif'.tF S + j.[:•d+. 'Y:r,Y .a.,'p �'r•'.ef'�N• t ' \SS.ti +•ti'v•'. FtL: ' -.• �`",""¢,E VK'7"' tl ,��'i )4r h�tS✓ s r .r- fr'y S�•1,7''a�t1�,ir,';•s'''^'1'(E i}�;. �.f'::::::..t,.�,.. ..•',.1�."; •;;1., Tc"tJ. ; Y. �yF,. `` +r x,404 .” 4 Ytn... ,}.! t�v, a :�n•!,t'r,',h-•,e. _r'.!.4hrs;, ^• �etg'tti C�,Oi�12F1'L3�sR�., "�;' "A. il�,�i::• to. t5+ i!•i �i.li^ �4�.Y,M1pA;rp .' spy) ^:7 ,tiA +uS Yf,.�: }�Y i' " .•4 �t,. .. :9Y • • I.. i/n\ 1' n ,' ei go I ,f.• •a,S�� '".41..i' xy7 i \.\vw. .•t `•.(:. t.i• {7'1 c •. ..�.y:' :nj t: •r• 1 II ':I.t. t. :';h'. \••r !. .:y, '•v.. is •, ..,, . i x.�.. ''. Ir . •'r;...tt'.�t, {A„t• ;� ••I.t'. v ": •.I ✓ 1.:?�y. vi.. t'!.i. 'L' 1 �..•.. -^i r, .� I,' .c n l: +. r, .. s w "t •.. :.�'^ .'i"( I5.;: ni ;:. aitJ �. ;:.t^� =t'Yr _ _`.c'` . • • ` ��'.�. " • t., rt;• ..t.l. i�:��•.yt; :_ �~, •�e.x:�• t �\..+•��� "•tcs� "r:, : ;;., : •.t.' . , i t... •;<'V•— •. —;�. Qt.y.•.5•Y,r'. t�rr r. Y,.:ti Ai •.'•5.51 ( t'S' +•. �� .. r' it „'ll•: •''.r. I r �'t:w •:sue..° 7 —,sue ^ ' . L:. }' , i •i" ; .'� .V t •: r,:: t • c.':31`r: •ryrr.�._...d•Yr mm r f : ,.. •1 1': ti:t ': r •vwiLirii'.�r •. ^"• sr... �.�s?a��, .. .•' -4 !•.•. f'•I.:i.i �� r•... .. .. ft. .`il'tii''•o ..'.iny ,s..... >i'• x { ,r -'1. 1SSarasr ...r..^..- .r..:...t -+... Fes..'.+..+- iw.,rw' ...• ..:_ v.....:. 4..... L::::..' 1..' w. J.:.:. i'±nH' 2. I .`.!?.! `.�59..4".P.:!°!.".4'�........w x'pDOgDOp6C3 );fl81Q00 "c7s:E00003SO409e3r n n tj 0 This instrument preparod by: Jerry B. Praetor, Esq, Bilzi i Sumbperg linen Price & Axelrod LLP 200 South Biscayne Boulevard, ;suite 2504 Miami, Fonda 33131.5340 UNITY OF TITLE I Illl111111111111111111111111111111 1111111111 CFH 2007R03tz8ae* OR ek 25496 Na Uoi7 — str (spI4) RECDRDEO tt M/20i37 15soWl --- H4RVEY RUVIRf CEk' K OF MT 11101 "WE COUNTY? FLORIDA (Sp et Reserved far Clerk of CIDW) This Unity of Title made and executed this AbL! day of i�l� A►^( , 2007, by RRC 571" Avenue, LL.C, a Florida limited liability company. WHEREAS, the undersigned is the Owner of that property described as: 6640.6640 SW 57 Avenue Folio No.: 00 4025M026 -oQio Folio No.: 09- 4025 -026 -0024 Folio No,: 09 1025 - 0260030 and $757 SW 68 Street Folio No.: 094025�026.0060 I_egai Desoription: Sae Exhibit "A" attachod and made a part hereof. Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the herein4escribed property should not be divided into separate parcels owned by several owners so long as the same is part to the hefelnefter use, and In consideration of $10.00 and for other good and valuable consideration, Owner hereby agrees to restrict the use of the subject property in the following manner: That said property Nhall be considered as one plot, and parcel of land and that no portion of said plot and parcel of land shall be sgid, transferred, devised or Assigned separately, except fn its entirety as one plat or parcel of land. Owner further agrees that this condition, restriction and limitation shall be deemed a Covenant running with the land and may be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida and shall remain in full foroe and effect and be binding upon the Owner, their heirs, successors, personal representatives and assigns and upon all mortgagees or lessens until such time as the same may be released in vrrifing, after approval by resolution passed and adopted by the City Commission, after public hearing, and executed by the City Manager and City Clerk. EXHIBIT srI,. n a unity ,of Ttile Page 2 The release of the Unity of Title is contingent upon a cessation of the conditions andlor criteria which originally required the execution of the subject Unity of 'title. [Execution Wages Follow] 2 Unity of TWO Page 3 +44% 2RR7, Signed, witnessed, executed and acknowledged on thls day of IN WITNESS WHEREOF, RRC 57e' Avenue, LLC has caused these presents to be signed in Its name by its property officials. Y1'I T% 1� 7 . � � Rtiv ar -- Avenue, Li~C ...... By: university of Miami, a FIQTida Doi for profit oorporation, Its sobs member y: 2r Pnni Name: • . . {, Nam , seph Title: en)or Vice President for Business and Finanoo 4 int me: rrT�_ STATE OF FLORIDA ) SS; COUNTY OF MIAMI -DADE ) T f r"'0' g instrument was acknowledged before me this ��Aay of _ , 2007, by Joseph T. Natoli as Senior Vice President for 46msise and Finance, of University of Miami, a Florida net for prc7fd corporation, the sole member of RRC 57(h Avenue, a Florida limited liability 0rr3Pany, who (check one) are personally known to me or { Z ] have Produced My Commission Expires: No -r&RI' PUBL)C ;M >TBQF VLORIDA Melody M, Smith ECnmmhsiou 0 DD589811 „o pxptres; o r. 10, 2010 3 yor:uwnravM.AxnCDOMAHaIM,NQ City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. I. CALL TO ORDER Action: Mr. Fernandez called the meeting to order at 8:32 A.M. II. PLEDGE OF ALLEGIANCE Action: The Pledge of Allegiance was recited. III. ROLL CALL Action: Roll call was taken. Board members present constituting a quorum: Mr. Fernandez (Chairman), Ms. McCain, Ms. Schwartz, Mr. Gil, Mr. Montana (Vice- Chainnan), and Mr. Corral. Board members absent: Mr. Corlett City staff present: Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support), Ms. Lourdes Cabrera (Principal Planner). Staff members absent: None IV. ADMINISTRATIVE MATTERS There are none at this time. V. REQUESTS ARE AS FOLLOWS: A) ERP13- 12456 Applicant: Oscar Vazquez Property Owner: OGV Sunset Holdings, LLC For: Office Building Location: 6361 SW 72 Street Request: Exterior Renovation Applicant Present: Oscar Vazquez "rllhnwl Page I of 6 Z: \ERPB \ERPB Minutes \2012 Minutes \October 2012\ERPB Final Regular Meeting Minutes - 10- 02- 12.docx Exhibit "J" k hi h. Ms. Cabrera presented the item to the Board. Mr. Corral stated that he would like to approve a letter that the applicant submitted to waive a landscape plan based on the applicant returning to ERPB with any changes or additions to the landscape plan. Ms. McCain stated that she feels that the requirements are too loose. She then asked if the Code Enforcement Department will have the landscape design to read when they go out. Ms. Cabrera responded that there will be the survey illustrating the existing trees and the Planning and Zoning department will do a final inspection. Ms. Schwartz stated her concern of the irrigation system being submitted. The applicant responded that he was asked to show the rain gutters and downspouts for the drainage on the building which has been displayed. Motion: Mr. Corral motioned for final approval of the item. This motion was seconded by Ms. Schwartz, Vote: Approved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes B) P1342 -045 Applicant Present: James C. Bartlett Mr. Lightfoot presented the item to the Board. Applicant: James C. Bartlett Property Owner: RRC 57"' Avenue, LLC For: Red Road Commons Location: 6600 SW 57 Avenue Request: Physical Barrier Installation Mr. Fernandez stated that he appreciates the applicant taking the recommendations of the Board. He then stated that when an item comes before the ERPB for final approval, the Board is requesting that a full set of construction drawings be provided. Ms. Schwartz stated her concern of a staircase being left open to the public or is the wall encompassing the area. The applicant stated that this is a common area that leads into the private patios; the residents will now have a private patio area and will require a key fob to allow residents access. Mr. Corral stated that the problem that he had with the initial submittal was the slope of the walls and how they match and meet at the column and ensure that the light poles and the.footing are secure. He also suggested that the applicant check the drainage due to the slope of the building. Motion: Mr. Gil motioned to approve the item as presented with staff's conditions that there is no conflict with the proposed design and any existing light poles. This motion was seconded by Ms. Schwartz. TH/mwl Page 2 of 6 Z:\FRPB \F.,RPB Minutes\2012 Mimrtes \October 2012 \F,RPB Final Regular Meeting Minutes - 10- 02- 12.doex Vote: Annroved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes C) ERPB -12 -064 Applicant Present: Carlos Tosca f. Applicant: Carlos Tosca Property Owner: Palmcorp Development Group, LLC For: Davis Gardens, Lot 28 Location: 6631 Poinciana Court Request: New Construction - Final (Two- Story) Ms. Cabrera read the item into the record. Mr. Corral stated that due to the higher elevations of this property, the applicant did well to contain the water by creating the swell to allow for drainage. Ms. Schwartz addressed her concern of the trees that are set for removal if they have in fact been removed. The applicant stated that whatever is shown on the tree list will be addressed accordingly. Motion: Mr. Corral motioned for final approval as presented. This motion was seconded by Mr. Gil, Vote: Approved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes D) ERPB -12 -066 Applicant: Paradise Awnings Corp. Property Owner: 7300 Investments, LLC For: Town Kitchen & Bar Location: 7301 SW 57 Court, Suite 100 Request: Awning Installation Applicant Present: Paradise Awnings Corp. Ms. Cabrera read the item into the record. Mr. Corral asked the applicant the reason for the installation of the awning. The applicant responded that he believes that the reason that Town Kitchen & Bar is requesting the awning is TH/mwl Page 3 of 6 Z: \ERPB \ERPB Minutes\2012 Minutes \October 2012\ERPB Final Regular Meeting Minutes - 10- 02- 12.docx to match the awnings on the other side of the building. Ms. McCain stated that she does not like the color of the awning and the building itself is mono -tone. She then stated that even though there are awnings on the side of the building what was the reason for the proposed awning. She then stated what if all the other retail establishments decided to put up awnings, these awnings would be setting a precedent; this awning is proposed to extend over the sidewalk and its five feet. Motion: Ms. McCain motioned for deferral of this item. This motion was not seconded. Mr. Fernandez asked staff if it is allowable to install the awning over the sidewalk, this is an encroachment for the awning to be over the public right -of -way. Ms. Cabrera stated that the specifications listed in the Land Development Code are that awnings are not to be backlit and they cannot be vinyl. He then stated that he likes the subdued brown, the color palette is ok and he likes the display of uniformity of the awnings. Mr. Corral asked for the reason for this proposed awning. Mr. Fernandez responded that he can only assume that the reason is for the patrons that utilize the outdoor dining at this restaurant. Ms. Schwartz stated that they have an arcade where patrons dine for lunch or dinner which is about eight feet wide. She then stated that the advantage for the awning is for the patrons to have a covering while eating and also for the convenience of the restaurant owner to be able to seat more people; however this is an encroachment over the city sidewalks and does not want to see the trees growing away from the buildings. She also stated that this is a nice attempt but she does not agree with it and would like to see the awnings more pleasing to the eye and not extended over the sidewalk. Mr. Montana commented (inaudible). Mr. Gil stated that he does not have a problem with the color however there is the problem with consistency of awnings for the building. Ms. Cabrera stated that the awnings are between the columns either under or above windows. Mr. Fernandez stated that he agrees with staff's observation that it completely breaks up the verticality by placing the awnings in front of the columns, architecturally it is not right. Mr. Fernandez asked staff for the layout of the existing awnings if they protrude out as much as the proposed awning. Ms. Schwartz responded that the existing awnings extend out three feet opposed to the proposed six feet. Ms. McCain withdrew her motion to defer this item and made a new motion. Motion: Ms. McCain motioned for denial of this item. This motion was seconded by Ms. Schwartz, Vote: Approved: 7 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes VI. Discussion Mr. Fernandez stated that the building already has a master signage plan that works well when items are presented to the Board for review. Mr. Fernandez then recommended that that the landlord submit a master awning plan to the Board for review so that the awning system as a T] Umwl Page 4 of 6 Z: \ERPB \ERPB Minutes\2012 Minutes \October 2012 \ERPB Final Regular Meeting Minutes - 10- 02- 12.doex ell 0 whole can be reviewed, opposed to it being piecemeal over the course of time. By reviewing the awnings as a whole, it provides a layer of consistency when new tenants come into the site. Ms. Schwartz then added that because the proposed awnings extended out from the building a total of six (6) feet, it was perceived as too much, which was one of the reasons for the denial. Ms. McCain then requested that the issues pertaining to the sidewalk in that area be investigated and please check the Land Development Code as well. Ms. Schwartz stated speaking of encroachments, she has been downtown for dinner walking along the sidewalk on Sunset Drive and the chairs, tables, trees and the tree bases impede to right -of -way. She then stated that she feels that downtown should be more user friendly and the restaurants need to comply with code enforcement. She also stated her concern of the flashing neon signs like the sign at Fox's and would like for code enforcement to look into it. Ms. McCain stated that she feels that the restaurants are not complying with their seating charts and are doubling the number of chairs on the sidewalk. Mr. Fernandez stated that outside dining requires a special use permit which has to approved by the Planning Board and then it has to go before the City Commission for approval. Mr. Lightfoot responded that the process for an outdoor seating permit is handled. administratively; each department reviews the complete application which requires the signature of the City Manager, Code Enforcement, City Attorney, City Clerk and the Planning Director. Ms. McCain stated that she feels that the system fails once the permit is granted because the food and beverage establishments are not all complying with the Land Development Code. Mr. Corral stated that when there are more regulations in the Land Development Code, you lose the flexibility which should be warranted in certain situations. Ms. McCain asked staff to research the Land Development Code regarding encroachments. Mr. Corral stated his concern of the construction of a median improvement on Sunset Drive between SW 57t1i Avenue and SW 58`h Avenue and it was proposed that there would be plant material along with palm trees, the ERPB was presented with this project but not for approval. Mr. Fernandez then asked staff to get clarification regarding whether public projects will come before the ERPB for review and approval or just for review. Ms. McCain provided the ERPB members with a copy of a proposed ordinance scheduled for first reading on the City Commission agenda sponsored by Commissioner Bob Welsh. The ordinance states amending the Code of Ordinances section SA- 4(A) to repeal the part that states that a Commission member may not directly or indirectly attempt to influence the decision or an act of a Board member. The Board then held a lengthy discussion on this subject. VIII. APPROVAL OF MINUTES: A. ERPB Minutes of September 18, 2012 — The Board approved the minutes as provided with no changes. Motion: Mr. Gil motioned to approve the minutes. This motion was seconded by Mr. Montana. Vote• Approved: 7 Opposed: 0 Ms. Schwartz: Yes Mr. Corral: Yes Mr. Gil: Yes Mr. Montana: Yes TWinwl Page 5 of 6 ZAERPMERPB Minutes\2012 Minutes \October 2012\FRPB Final Regular Meeting Minutes - 10- 02- 12.doex IX. Next ERPB Meeting: Tuesday October 16, 2012 at 8:30AM. X. ADJOURNMENT: There being no further business, the meeting was adjourned at approximately 10:10 A.M. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration [per § 20 -6.2 (A) of the City's Land Development Code]. If you have any questions concerning this matter, please contact Lourdes Cabrera - Hernandez, of the Planning & Zoning Department, between the hours of 8:00 AM and 5:00 PM, Monday through Friday, at 305.663.6347. TH/hnwl Page 6 of 6 Z:\ERPB \ERPB Minutes\2012 Minutes \October 2012\ERPB Final Regular Meeting Minutes - 10- 02- 12.doex