Res No 074-12-13631RESOLUTION NO. 74 -12 -13631
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 2012 Annual report was submitted to the City on February 28,
2012 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 2012 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 gpproved, 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.
Pg. 2 of Res. No. 74 -12 -13631
PASSED AND ADOPTED this 3r, Jay of April , 2012
ATTEST:
APPROVED:
Commission Vote: 4-1
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Nay
South Miam
CITY OF •
OFFICE OF
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Christopher Brimo, AICP
Planning Director
Date: April 3, 2012
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 28, 2012.
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. Affordable Units. The property was developed with a total of 404 units. Based on the
information provided by the owners representative, 393 units were rented as of December
31, 2011. Additionally, the report contains the Affordable Housing Compliance Report
for the year ending December 31 2011, which indicates that a total of 41 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 February 21,
2012 Commission meeting.
Please refer to the detail contained in the backup materials, submitted by the owners
representative.
Backup Documentation:
• Resolution
• Annual Report
• Development Agreement Dated March 29, 2007
Z: \Comm Items\2012\2 -21 -12 \Red Road Commons Annual Housing Report\RRC Housing Report—CM Report_2- 15- 12.doex
f
Bilzin. Sumberg
A 'i 9 NNEY5 AT LAVV
February 23, 2012,
Via Hand Delivery
Dr. Hector Mirabile" City Manager
City of South Miami
6.130 Sunset Drive.
South Miami, Florida 33.143
Jerry t3. Proctor, Esq.
Tel 305.350.2361
Fax 305.351,2250.
)proctor @bllzin.com
J ��.. ..S ye t)x � %.✓iii
Rep: RRC 57th Avenue} LLC
Property; 6.600 SIN 57 Avenue, .City of South Miami,
(Folio Number 094025- 026 -0010)
Annual Report of Development Agreement
Dear Dr, Mirabile.
This. law firm represents the owner, RRC 57th Avenue, LLC ("Owner "), of the property
located at 66S.W.
00 S 57th Avenue, South Miami,. Florida ( "Property" ) The Property is developed
with amixed -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 ".13". 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: th. e 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 )n 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.
MIAMI 2928524.1 7743027649
2/23/12
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 Tel 305,374.7580 Fax 305.374,7593
Dr. Hector Mirabile, City Manager
Page 2
February 23, 2012
In regard to traffic, the. Owner obtained. permits from the Florida Department; of
Transportation for roadway 'improvements on Red Road from US -1 to SW. 66'" 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(0, the Owner is committed to
renting 10 0/6 of the units "to individuals or families in the moderate income segment of
the affordable housing group" — individuals. or families who are within 80%o 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 $62,2.80 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 132:201l 2 and was approved by City Commission. Resolution on. February
21, 2112. 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:
31 Taxes; Pursuant to. this: provision of the Agreement, the Owner has'paid takes.to the
City of South Miami in an amount equal to the annual Operating Mi lage Rate and w..ill.
continue to do so in the future. The Owner;paid 2011 ad valorem taxes to Miami -Dade
County in.the ,cumulative amount of $743,829;24: See Exhibit "F"
4: Work�Force :. in accordance with the provisions of the Agreement, the: Ownergave: a
preference to job applicants residing in South Miami provided those applicants with jobs
in the demolition phase.,
59 Site Plan. Owner has abided by all site plan conditions as set forth 1n 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 0. R. Book
25496 at
Pages 47 -51,
See Exhibit "I" for a
copy.of
the Unity
of Title,
Maw.
4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Dr. Hector Mirabile, City Manager
Page 3
February 23, 2012
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...
,erry.l3r Proctor
JBP :id
cc:: Christopher Brimo, AICP, Planning Director /South Miami
Thomas Pepe, Esq., City Attorney
Colleen Yeager
Giselle: Gonzalez
Jim Kelly
µt BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Y
�P
'rhis iustrormcnt prcparcil wtdcr the suptrvision:
and whca rceotrted return to:
Jerry 13. Ptnctur, Esq.
isilzin Soacbcry Boom Pncc & Ax0rad LLP
:0o South Biscayne Boulevard
SOO 2500
Komi, Florid* 331:51 -2336
DEV ELOPivIENT ACREEMOT
1111M11iU1.011111111111 #1111111811111il>
CFN 2OK17k21Cs3�S88b
OR Sir M% No t>R -791 t21>•sst
KoDfm Oajaol2tp07 ISsr31
itA1tY47' RWI11• Cl.FRit Oi WIJRi
n1AaT-ttp0 (�ti9iTY► ft pRY1u,
iSparx Rocr4rd forCicrk)
,
This Development Agreetnont is made as of this ' day of Maya* , 20074 by and
between The City of South Miami, Florida, a municipal corporation (" Ctty ") and RRC 57"
Avenue, Llac ( "Applicant ").
RVERE48, Applicku)i owns the property in the City, in Miami -Dude County, Florida,
legally described on Exhibit "A ", also known as 6600 =6640 S.W. 57 Aveouc turd 5757 SW 68
Short (the "P(opody "), and
WHERF,AS, on July 22, 20W Applicant_ filed an application with the City to rezone the
Property from TODD (IM1,f4) (Transit Oriented Development District) to AUD-M (Planned Unit
Develuptnem- tviixed Use), and to obtain siteplan approval (the "Application "), and
IYHEREAS'i ibe Plntid Local Governmomi 1>016#61 erik Agreement Act sot forth in
sections 163, 327U' 162.32 7, i ldct d Statutes; (t Pe, "Act „k provides for the execution of
dcv-elopment a rC iirents to _insure 0tat; the 1aw, in a1Tr e'u'ak tl)e time of the execution of the
devel optrtant ttRrat t cent sliAI yo m.' t dbvisl6plr}: ttt ;oi lie; land for the duration of the
Agreement,
NOW. THEREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
City hereby agrct sts follows:
MIAMI b19310.13 7326021331
3;19io 1
EXHIBIT "Air
R' »riitt ls`" D&W'Ves o I to ` uasi i Pursuant to the provisions of
Chapter0, I and T3cvelopment Regµlatioti of the City of South Miami, the
1?rOpCtfy Will bd:iinpTOVed,wilh tile, i't7110W1Tr�/,:
a. There shall be no more than 907 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above .grade, in
height. '
d,
e.
T»gvalapxneirt of tba Prtipttiiy shtdl;bts to sccotdance .vith the ;adopted mater site
plan on`iile at'th Crty, 3.Mirdirag giirvatlpxGa, urcldA 't►arttl featu ,; and estimated
colnuici0nai squ> r fooraga pu {rasant to: Sottton 20 3 'f :City G04r
Development of the Property shall be in one (1) phase.
f A building permit for development Sf thts pi01W mist be applied for within 6
months of the date, on i9dch this Bnnl t vvelopr(sent agrecrnem is signed,
Iv
notwithstanding the provisions of LDC S port x0< ;7(t), Fzgirufivzts: of PUD
Approvals.
2,
.1 Wk ltnclli e3 ixi o ie,r tq public facilities in the City of South
iv;tart>i, App13Ca#t►t �iecs$Q rovrds servires;iti =cornplianee with Section 204.1 of
lute Code a the° its u .Svf .lvitstui .tn�tud'Ing:
s; Water and Sewer services that comply with all requirements of Miami -Dada
County for any building prior w issuance of a final Certificate of Use and
Occupancy.
b.7 Solid Waste services that comply with all requirements of Miaml -Dade County
for any building prior to issuance of a final Certificate of Use and Occupancy.
c.;; Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings.
d,. Based on the projected residential populati
ase on on the Property, Applicant agrees to
donate $9280000 in one lump sum as its responsibility for mwting park and
recreation concurreacy. Payment shall be manse on or bckrc receipt of rho first
building permit and shall include any intertrt or carrying cost inanrred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B ", incorporated herein by refrsence.
a, Trst3iaApphC:Int will obtain necoasary governmental approvals, and cause to
have placW and operational a separate left »turn, nortbbound antraoce lane on Rcd
Road (SW 57 Avenue) into the h0riliemmgi t prnPoI . .dtrvawuy on sled Road on
ibe Property, priorto the occuparcy ofany iiullthng8 o.n. iha Prnptty: In addition,
Applicant will present plans within two'`(2) years ii#lcr rho' rIc*ordnng of this
M1AW 919310.15 7326011531 2
313910'7
G Housing - A requirement of ten percent (106%) of the units ` IJj, clltiq`ini3iv
or families in the moderate income segment of the affordabit7:fisrttsit ggroup II`
the residential units convert to condominiums, ten percent (lt3 %} of t?tts'tsr2n will`
1 >e aotd ,to inlvidvAls or families in the moderate income segment of the
MOOR. 6le ltousirg ,rtititp, Cn analyzing compliance with this paragraph, the City
shpli ullpw nttt)or dx:vations resulting from short -term vaeaneits, Incomes shall
be based on Arca Malian Income (AW), as. dcfinul by the U,S. Dopartmcau of
CommunityRedcvclopmcnt A$eocy area.
a..
4.
MIAMI 919110.13 73260/1331 3
3129/07
5, Site Plan
a. Applicant shaft retain stormwatar drainage runoff on site in accordance with City
regulations. "
h. Appiic nl short provtd 0 'stie scctiTity, As p in of oYt site sour ty to be provided
by tho.i ppI Applicant shaft monitor and keep operabl" the security gate
to the; "prppeaasi;p to ;ga0 .and mai�� arrang�iitents to. assure emergency
access by public safety vehicles.
c.., The emranee at Lovante Avc. shall be
on approval by Miami.Dade County
Transportation.
d. The exit for the driveway onto SW Gfi
right turn out only driveway. The exit
out bctiveen the hours of 7.00 A-M, am
e.
t:
signalized and approaches installed based
and the State of Florida Department of
Street shall be designed and operated as a
shall be closed with a gate to prevent turn
10;00 A.M., Monday through Friday.
Applicant shall provide a minimum of ona (1)`afop loch t{Y1t od iitC for ictr by:.
the HurryCane shuttle. The shuttle stop locations $Na1(`.ltot lnterter wlth S N S.7 °c
Avenue traffic. Ali Hurr)Cane shuttle paSser;g r PlOkUPS shalt
be cgrartitnati d'
with the City of South Miami shuttle pick ups;td ratin*,04xo lrrtfii irrtlsagic;
gk Applicant shall provide and maintain a six400t high CBS wall between the
project and rho remaining service station.
h }~mpiry:: a parkttg shaft be restricted to the garage and it shall be the developers
or lyts: tSSStgtt 4 fnz?ponsibilily to submit with each occupational license proof that
cnjployt s art ttCillznlg�Uto assignad parking.
Applicant shall provide a master signage plan for project identification, traffic,
routing; and retail stores prior to final project approval by the Envirownental
Rtview and Preservation Board (E12J'B).
J, Applicant shall limit on site lighting property edges to 2 Foot - candles of intensity
nt alt 18 inch height. Within six months of project complotion the applicant is to
provide a certified report on the mandated illumination level.
k: Applicant is to assure that the Yefuse service areas shalt be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
,t1Amu W)1,111 0 M6621331 .a
1,•,9,00;
areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Development Agreement prior to Glum approval of the Development Agreement.
All parking and street improvements placed on the public righttof -way on SW 59
Avenue by the Applicant shall be tnaintainod with Ands from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Departtnont or Transportation. Proof of posting of the bond shall be, provided to
the City, R,
in. Applictutt most limit the types ofrctall ogttblishrt ett rn order t0 satire iliac the
required patidng does not exceed h6 'i,0141 retail parlrJng, allaCatiart in the
adopted master site plan, Applicant top µ ill the City ao tniti l parlttttp,.pt uyfor
retail stores and shall maintain the allocated number of spaces for each occupant,
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o. Applicant shall open up the pusco on the north side as shown on thtr amended site
plan, as approved by the Planning Board, in order to break up the long facade of
the residential building.
P4 Applicant and the City shall agree on the number or locations of the loading zones
prior to the final approval of the Developmem Abrcement. The dimensions and
locations of the loading zones strap be attached as an exhibit to the Development
Agreement.
Lit Applicant understands and agrees that the City may climhlate the on -sur w
parking spaces located on SW 66 Street.
V, Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition V5q, requiring removal of on.strcct parking on SW 66
Street], through a combination of parking garage, a small surface lot, and omsitc
street parking.
s. The Applicant will commit to panicipate t ;a Jptnt ivarking gaup with:lhe first
Methodist Church or South Miami and ti utttr teal, aunty ;0.0. state, agencies to:
devise a plan mutnaUy agreeable to 1pplicant attd tbo First ;United. M ttrodls1
Church of South Miami, for pedestrian impliovenie»ts and brit ttfigAtron rot RO
Road. Applicant will contribute :the tonstruetid!i cost of,'
f sp�ctf►c: =p,Ixlesttiisn
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami,
The Applicant will present plans for traffic permits indicating travel lanes of 74,5
feet on Red Road (SW 57 Avenue) and, if approved, will create an dnhancod
"landing zone" for pedestrians in the center of Red Road between the Property
and the First United Methodist Church to the cast, subject to the approval of
N iami•Dade County and the State of Florida Department of Transportation.
MI AM 181 Y 3 10. 13 1326021 W j
1r29!P?
5 i
i.
1
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10 :00 P.M. a1 a location adjacent to the Property to be selected by the
Planning Diroctor; said location may change from time to time.
U, The Applicant shell obtain approval from the City of a .parking plan for
construction workers prior to the issuance of a building permit.
G,
7. Unity of Title. Applicant shall submit a Unity of Tit)c, pursuant to the
requirements of Section 20.3.7(x)(1), City Code.
NOW TFIbREFOU* the City, in consideration of the prernis%, hereby agrees as
follows:
s..
9, lmpnct Fees. The Property shall not be subject to any now impact fees Imposed
by the City allcr the adoption of the Resolution approving this Development
Agreement,
MIAMISOMAS 13202011 G
vx9 ;o7
a
a p
Additional Requirements:
l2.
t3,
c:oac.
l 14_ k f4ruc uilt# . jhe pity, Its .1
sup�ss�ts acid esSl�ns,::ahg11 hay
i?svelotnUnt A4'rcetnen4, Entbri
s!jplmnst any pa.r ies or psrsans.. -Vu
aztbei .io resiran vrtilat +ori or,ia rc
tho ,action or ;pit: shalt i e:: eta
M1,4M1 5171 t0.15
7126021 >11 7
31.9/U7
sor :ir assi,�nst aril >ilie;;
s. ry }it tr; i r)toto the Pro'
it shalt be.tty aetidn 41 1m
ml
l5;
16.
I ?a
disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorney's 'fees payable under this
paragraph shall not exceed 25% of the judgment.
Representations of the Anviieant Applicant represents to the City as follows:
The execution, delivery and performance of this Agreemrn! Qnd att.:!t?ihc:K
instruments and agrccments executed in connection wet$ tY is kg; ccmetm 17avc;
been properly authorized by the Applicant and do not require hurler ujsl ,oval 1�);
Applicant.
b, This Agreement has been property executed, and constitutes Applicant's legal,
volid and binding obligations, enforceabic against Applicant in accordance with
its tcmis.
c. There are rib actions, suits 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 Agr=ment.
di: Applicant .stiall not act u, suty tvay avhatsoevr tl'I.rectly or indirectly, to cause this
Agn:�rnent to be antt:ndc 1, m0. I ad, canccted : r terminated, except pursuant to
its express terms, an'd shall lake`,' all a,cdons necessary to ensure that this
Agreemmit shall remain n. fuA foecc:and C tbci.4valt times,
Applicant has the financial capacity to pay or advance in the City all fees and
payments as required under this Agreement.
IS. Severahilirv. if any provision of this bcvelopment: Agreemen 10 1 r the appixation
thereof to any person or circunlstan "ces is held irlvali.sl, prohibited; or
unenforceable for any reason, 1ht5 .the `C?evelopinent A.Vectnent shall be
MIAMI SI!*M.I$ 73260W $
F:)la7
ineffective only to such extern and the remaining provisions shall continue to be
given full force and effect so far us possible.
197, . Joint Prenaradon, This Agrccmcnt has been drafted with the patticipation of
the City and Applicant atld their counsel, and sliall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement ate for rase of reference only and shall
not affect the bilerpretationai meaning of this Agreement. Wbenevcr the tetra
"Included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as t4 any other items or terms which may
fall within the listed category.
2Q.. Blndine Effect. Tho burdens of this Agreement shall be binding upon, and the
beneft►s of this agreemont shall inure to, all successors in interest to the patties of
this.Agreeinent.
21: ,Cuptlons and 14eadin2s. 'Paragraph headings are for convcoience only and
shall not be used to construe or interpret this Agreement.
22, A lien Yl ':ws J tfsdfet v sitrd Ve11ue,..:.This.Agreement shall be govemcd
by 3 nil 3rlterpr fed, taf35(trtat, u>td;v.....A d.' i.tj act:ordattce with the internal laws
of F)rtda wt#io_ ut ra$artt`to p1#ilipiGS`'6i''conflicts of law. 't'hi's Agreement may
be enforced as provided in Section 163,3243, Florida `Sratutes. Venue for any
litigation pertaining to the subject matter hereof shall be exclusively in Miami -
Dade County, Florida.
23 otices, Any notices or reports required by this A„vrecntent shall be sent to the
following:
For fair City:
City Managot
City of South Miami
6130 Sunset Drive
South Miami, ft. 33143
Carty tnr
Planning Director
Planning and Community Development Dopartment
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI sifW91157.2ONS)I 9
24.
ror the A n alican t:
Irma Melia, Esq,
Genera) CoumePs Offte
University of Miami
1320 South Dixie highway, Suite 150
Coral Gables, Fl. 33125
CORY to;
Jerry B. Proctor, Esq.
Bilzin Sumbcrg Bacna Price & Axelrod UP
200 So. Biscayne Boulevard, Suite 2500
Miami, FI. 33131 '
2i, FCtstr<I.Farty e etic #a`'', �}ns f±g{camcAt.iB ekett5it+oly for the batrefit of the
pnrtir has`4ta id their Ati;itat6.... n rrtay nai be enfo Ice <i:by any parry other
il7bit;ihc part>es taPi figrec W apd shat( iiox gtY "rtsa to liability to any third
ptrrf}:aihGr tt0 Ahc�aut#t.orixe e parties hereto.
26: Survival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the terminwion of this Agreement, shall survive any
such termination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27:. R"g lod Of Whcnevar aoy deterrtrt>}at on is to :tie: trade or action is to be
tai en:tin a datd`5pcctfis cl in this Agreement; j.f such xiat4: shall fatl on a Saturday,
Sunday or 1Cgat lrol#day;'tCren nt such avert lid dnt _5Ql be extended to the next
day wlii�ti i5 00tvh $atyrday,"Surtdayar icgal,} btiday;
Fln, 60 fieri6nent. lili3;A cz m.crit sots jpx?h ibe;ciitire aptctlncnt 46.Svrccn (ho,
pariig5 hereto vntit raspcct to °tiic Vu OC t matter he* rcoi `. All agroemptis;_
caveriatrts, rgpte antallons, aril tti5rranttt s,`Gxpra s or`fmpltcd, gra), or svrittc n tif!
the ptirttes wltitrsspcc( to theMubjeai Irmacrfiereo .4rd`coll6.1nrci We No Ob'O
dbrctm6w4 oaventibts,rtprosentaiigns, of vprrantl Si kl»eFs:ar.implipd orator:
vrntt�rt: hav, been made%byy. any party, to tla other :-with respect to theIsubiccv
matter.: oC. trite, A$raenmen AtI "pear and cot?,ie iiipar rtcaus cpnYct�wt ions,
Y11 AM 19193 10,15 73W115)1 14
R21A,
t
discussions, negotiations, possible artd �ilcged ag eoracnts arid reprsst relations,
-covenants and warranties with respMt td: the subiecfi matter hocoP, are waived,
merged herein and superseded hergby Jcukvarty thid:rio
promises have been made to that;:paky, that are riot :rotitatried: °iti this,AVtectticset,;
and the Exhibits, and stipulates that na avidenGO of @riy, promises not c -0titpinrs iri
this Agreement, and the Exhibits, shall be adrnIttai Into W..do toe on its' bt faits(;
This Agreement shall not be supplemented, amcndeii of modified by-any course
of dealing, course of performance or uses of trade and may only be amended ar
modified by a written instrument duly executed by officcrs o f both parties,
29. Counterparts. This Agreement may be executed (including by facsimile) in one
or more coutncrpans, and by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an original but all of which
taken togother shall constitute one and the sans agreement.
30. Recordation," 1i?ithiii 20'd9YS aftet :ihe Aevi Iopment.Areeme�5s ktas bai<o stgrarsi'
by both the A?'6J:kant:* the City; the r ppl!capt shall.caixs+s a dopy of "flaw
of deeds in- Miami•Dadc County.
31, )EWblts, All exhibits attached hereto contain additional terms of:this Agreement
and are incorporated herein by reference.
31 Effectiveness, This Dcvclopoi
approval of the applications fo .IrI
of any appeal periods. The app
approval slid of the application
shall not become effective until i
by the Applicant avid 146 G iy i
dowition is not ostabtisli d: iri fit
rezoning, site plan apPft>vA) anc
be considered withdraww-witli6tii
IN WITNESS WHEREOF, those presents have been cxeeuted this C;t9' day of
0.
.fit) AM t S193 10,15 1.130)21531 1 1
p; ?4m7
ACKNOWLEDGMENT AN]) ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MCN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agrccmtm and cnch and all of the terms and provisions eontaincd thcrdn,
dated and atlached hereto.
DATED this oZ 9 . day oC :0U,, 2007;_
STATE OF
COUNTY Of�_L'):'
My Commission Expires:
MIAMI 9tvZr'44 ij,Q,j,1W M16021 531
11,29107
Serial No. (None, if blank):
[NOTARIAL SEAL)
ARIA M. MEM�NC+Z:Z
+'oo�v�D
ISMWP PMa.r iMY.uV nav„ny
1.2
iN WITNESS
Agreement dated as of
1YHE . EOF, the undersigned party has agreed to this Uovelopmmt
tho wday of L_, 2007,
STATE OF FLOR)DA ).
QLftJ7 it'pF 1vSlAtvil L7Ala)
My Commission Expires.;
MIAMI 819310.15 7326021331
3/26/07
RRC 57T" Avenue, LLC, a Florida
limited liability company
By; University of Miami, a Florida non. profit
•corporadon, its's in ,rnka X,
+
stns ?�#�sGpil:. t�11
i tia: Senior ,fief President for Business
Sign Name:
Print Namc:
Scrial No. (nc
13
*- 16
,, • SIT HA"
+'< ,. T.eSsl- iksciiptl0n .
All 6f;'T*tc liel of -ft 7MV 51310 P-l:A 0� �1?d l iN40}�, aor�xdiug to iia� �'lAt tb�saf, �s
, caordoSi�T'latliook9S, at 1?agt:7�z,a!':Pnlz7ia�,tcoFd¢ ui'M�aoai Oado�v�ty� F'landa, �csn
a' 3wtb 475 CS7 digit of 1ht �7R'rst ! 00 f; twd lc also tlkc:lst l 0 feet' of t1r SartthtS0
tI less aTaw tiao Sour 125 fi ct Odra WeSk 175,tt of tkus'32S # raidcsa.olsa:tbtt f'ASC
75. #c aP}aa �7eaf 175 feAZ Ofti�c�ayzhs3S fod csa3d7'C.�
1: 'exec � r o. • ,
The Bast 7S ket•of tbo West 175 Jett of the South 12S feet of TzsrA 1, Iof RE VIRD PLAT OF "
FERN91OO1), according to tbo Flat tbacal, ns•racordad in Fiat Hoak. 35f at Page 72, of ft
Pubiio lcoords ofMiami•Dada CotmtyfMorida,
Y -'ib TtoYl }.a5� febt::Of�'tbe BE V4 of the NE'/ of the ISE 1/4 of Section •25, TowwUp 54 3ou114
,� �tangts q0 vst,1di*fi Nortb 25 feet of the North 192 feet of d10 b] A of the NB'!: o#'thc Slt'!+
of St tat 7 15,�p 54 SoxM, Rnnga AO Bast.
-F P
T'Wpwt ofthc SB' /, ofthaN E' /. of the SSA of Sa�ion25,'a'ovdnship 54 south, Range 40 Fas%
dcsc dbcd as follows:
it llaginat liio'S� aofiact oi'�'u`"B'!b oi'1Iad�33 �! zi�tbo S1T la, tlt�c.ts)'ua iYt�tvlonR tL:c South;
t. l,`inc of said S '/ 01 the NB 1, of the 0, 3` fpY a boa tip 1S$ fcct ft 0, Po A of T3og ngR
! `.tbencf: rc?uIjioYih �aralleS to tlic i]ma of said' k of ttur ?� %, tif-tbc SS' /r;��rr a dtsta�.un a� ,..
1r iS0 ftt, tlicftca r;rza+rt :liara11c1 ifl tise.'l5nt imp of said SS'!. of tl 1;'l + +:of tha SA'_' /, foxa
i ;: ietrwco o .� 0if fwl; i>arxtec xctit patntl W tlta Fithao ni said So / [t3EC 'lt of thq '/, for
4 disianrlta:oi 3 50 trot to the Snutb line o! �a1d SEA . tbts NR 't+ q�.ihn SB 111;"V* hiss fast;
i`. alaar st>3d S�rtaflt c o£ihe S l rho, l+ oiihe S 'l'fmr,i. t3astar cct of l t '_f t W tlzc >aotbt'
1. .. - #4llegixssyin8> lrrsr tha South fry, ffrrpublia�;;tS;puriws.s: , . .
1>ae Nalti1 l B0 fegt of she Smolt 350 fact of jbt Bass 150,ft a of T aCt 1, of l2k'MI D PLAT 0P
i Ff+1 'lOgS3r t CadiuE to 1& I'1 tli 6 ,;m xewalyd in Plat Book 35, ra Page 720 of tbo
' ittb114,1x.�A7•Sl� oflxliEixpl °pAllA; �,iQ1Mt! ;_f0�'lCiIl. ...
J qt
aroci .
7 /v p an:of ixact 1, RLgV1Sm):IpLAT OF FEMOOD, azcording to the flat thsxcog ae
ccofded in PI B k 95, MA V0 72° of ft Public Records.o�3vlfami -Dade Country, lrlorida,
mareparticolafly drsc+iixd as'f0 OW.,''
That pact of thc'Sowl sst Qliw= of the Noitbcast Qualtcr of tbo Southeast Quarter of 6"d an
25, Towr>ship 54 South, Rango 40 F.ask described as follaWs,
!� Be& at tb,; Southcag 4bmor of" rAd Southeast O=tcx of Nipithcaat Qumtar of Soa4uast
i
' bA4 0 1256979,17992424731
I,. .. _ — —
Lift UK 2;54915 PCti '4651
LAST PACE
It
It I
r:
r t
{.•..r
...•,
wt+•.-
ve
WA,
'..
Southi2st
,e.g
fret,
.
t',xwr'�3
tiiGnct�
rust
;�wfh
pnr�.Uct
la
theist
�{pa'
4#
sgici
�o1lt�tns'�
-Qum
c£
�OTt�IC'1r
5,E QUA:'lGY_
A�
�'Rt�f�1CP..."t
C�11[tlf�t
�S�
ftC�
i4'tb�'
�URCi}}
�7{lt�.p�
A9�t�
i?'OUfhCE�
Q1}tifikq'+
4
+
�rartheast Quar�e
a�
Sotltlsoast
Quertcr
tl3ta�q
�&s4
yilpn$
tad
Sirath
%
�f ih�
:a:
.
Q
NRiibeaut
Qasz
;c
of
btitilCast
t ltaxrr
oti4
PVT:5
fesc;lt>
i!w P
[1
:af
VI`
(
BFstil7WQ,;T53tba3gjithacu
ozSUbliG:raad
1
Ii6
;
a
41
t
:.
...
..
-.
a'•
.�
It
£
r
r'
Ipt
i
.I{
y
Zi
n
s
i
..
'M'
WANE 1259"9,17332426731
IN
_�
It
This instrument prepared under the supervision,
and when recorded return to:
Jerry B. Proctor, Esq,
Bilzin Sumberg Baena Price & Axelrod I.I.P
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131 -2336
AMENDMENT TO
DEVELOPMENT AGREEMENT
OR 8k 27227 Pas 1492 - 14981 (7Pss)
RECORDED 03/25/2010 09149a5i
HARVEY RUVINr CLERK OF COURT
NIANX,"DADS COUNTY, FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this /7Y4 day of 14ta, 2010, by and
between. The. City�'of. . South Miami, - Florida,. a • municipal • corporation. ( "City") - and - RRC 57`h
Avenue, LLC ( "Applicant ").
WHEREAS, Applicant owns the property in the City, in Miami -Dade County, Florida,
legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property "), and
WHEREAS, the City and the Applicant executed a "Development Agreement," recorded
on March 30, 2007 at Official. Records Book 25496 at Pages 52 -72; and
WHEREAS.
the Development Agreement
memorialized responsibilities
and commitments
of the City and the
Applicant in the development
of a mixed-use project on the
Property; and
RrHEREAS, in May, 2007 and September, 2009 the Applicant received approval of minor
modifications to the development plan for the Property; and
WHEREAS, these minor plan modifications did not change the responsibilities and
commitments in the Development Agreement; and
WHEREAS, on November 17, 2009, the City adopted Ordinance #29 -09 -2021 amending
the Development Agreement to record the parking requirements for the continued development
of the Property, as adopted in the City's Land Development Code;
Folio Numbers: 09 -4025 -026 -0010
09- 4025 -026 -0020
09- 4025 -026 -0030
09 -4025- 026 -0060
See/Twp/Rge: 25 -54 -40
MIAMI 2001026.5 7743027649
3/23/10
EXHIBIT "B"
NOW THEREFORE, the Development Agreement is hereby amended as follows:
1.
Addition to Section 1.
2, Addition to Section 5,
r. 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.* .
3. .Amendment to Section 23.
M MI 2001026.5 7743027640 2
7 B I(1
P
IN W NESS WHEREOF, these presents have been executed this day of
&KCA , 2010.
[SIGNATURE PAGES TO FOLLOW]
M 1 AM 12001026.5 7743027649 3
2/8/10
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
K,NO W ALL MEW BY THESE PRESENTS that;
The City of South Miami acknowledges and accepts the foregoing amendment to the
Development Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto;;
DATED this � _ day of r6& '2010.
ATTEST:
1
�
'
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
K,NO W ALL MEW BY THESE PRESENTS that;
The City of South Miami acknowledges and accepts the foregoing amendment to the
Development Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto;;
DATED this � _ day of r6& '2010.
CLERK
Sol *1 ATEOFTJ
) SS
COUNTY OF. M) Arlwobw , )
The foregoing instrument iyan: acknowledged before me this ► 1-- day of ►! aT , 2010 by
of the City of South Miami end attested to by
±� rrR .t�►_ j~j City Clcrk oft e City of South Miami who are Personally known
to mo or ( ) produced a valid driver's license as identification;
Nly Commission Expires:
ayf P3KENGAA, FAYNE
co6itlttsSlaN # oo1i 43=l. o, (None, if blank):
` EXPIRES: October 5,2011 (NOTARIAL SEAL)
. 1 f o, �,�'� Uu iUsaTtnv P2nMry Phu_ underwriters .
bNr1Mf '.M01026-5 7741027649 4
2'3 10
ATTEST:
CLERK
Sol *1 ATEOFTJ
) SS
COUNTY OF. M) Arlwobw , )
The foregoing instrument iyan: acknowledged before me this ► 1-- day of ►! aT , 2010 by
of the City of South Miami end attested to by
±� rrR .t�►_ j~j City Clcrk oft e City of South Miami who are Personally known
to mo or ( ) produced a valid driver's license as identification;
Nly Commission Expires:
ayf P3KENGAA, FAYNE
co6itlttsSlaN # oo1i 43=l. o, (None, if blank):
` EXPIRES: October 5,2011 (NOTARIAL SEAL)
. 1 f o, �,�'� Uu iUsaTtnv P2nMry Phu_ underwriters .
bNr1Mf '.M01026-5 7741027649 4
2'3 10
IN WITNESS W1. REOF, t e undersi ned party has agreed to this Development
Agreement dated as of the day of 2010.
RRC 57T" Avenue, LLC, a Florida
limited liabilitv camnanv
By: W,
its
By
Na
Title, Vice President
STATE OF FLORIDA )
COUN7"Y OF !vffAfvffwf)ABE)y`�
The foregoing instrument was acknowledged before me this
2009,, by°!ay S. Jacobson, Vice President of Woad: Red l %01
RRC57sh.Avenue, Z, LC, a Florida limited lia>ttltiy ei�tpan S: lii
or has produced a State of _ dn� +ex'ier!$eas identifi
My Commission Expires:
MIAMI 2001026.5 7743027649
2 /8/10
on.
day.
Partner of
wil tome
1: • N
S1gnName ..
Print Nadlge.'
NtTi ARY F _.. fail C
Serial No. (none, if blank):_
[NOTARY SEAL]
Samantha Northcutt
o 6;. C�}tAMsgslOODD740333
�Y 4p EXPIRES AN. 05, 2012
:
'A W AMONNOIARY.orn
5
EXHIBIT "A"
Legal Description
Parcel l:
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
The North 132 feet of the SE '/ of the NE '/ of the SE % of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE '/ of the NE '/4 of the SE '/
of Section 25, Township 54 South, Range 40 East.
,:....... ,
Parcel*
That part of the SE '/ of the NE '/ of the SE.14 :of §ection 25, Township 54 South, Range 40 East,
described as follows:
Begin at the SE corner of said SE '/ of the NE % of the SE '/; thence run West along the South
line of said SE '/ of the NE '/ of the SE '/ fox a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE '/ of the NE '/4 of the SE %4 for a distance of
150 feet; thence run West parallel to the South line of said SE '/ of the NE '/ of the SE '/ for a
distance of 100 .feet; thence run parallel to the East line of said SE '/ of the NE % of the SE '/ for
a distance of 150 feet to the South line of said SE % of the NE '/ of the SE %; thence nm East
along said South line of the SE '/ of the NE'/ of the SE '/ fora distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the aP }iblie Records of Miami -Dade County, Florida,
more particularly described as follows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 2001026.5 7743027649
3/9/10
0
t:
7
EXHIBIT "A"
Legal Description
Parcel l:
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
The North 132 feet of the SE '/ of the NE '/ of the SE % of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE '/ of the NE '/4 of the SE '/
of Section 25, Township 54 South, Range 40 East.
,:....... ,
Parcel*
That part of the SE '/ of the NE '/ of the SE.14 :of §ection 25, Township 54 South, Range 40 East,
described as follows:
Begin at the SE corner of said SE '/ of the NE % of the SE '/; thence run West along the South
line of said SE '/ of the NE '/ of the SE '/ fox a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE '/ of the NE '/4 of the SE %4 for a distance of
150 feet; thence run West parallel to the South line of said SE '/ of the NE '/ of the SE '/ for a
distance of 100 .feet; thence run parallel to the East line of said SE '/ of the NE % of the SE '/ for
a distance of 150 feet to the South line of said SE % of the NE '/ of the SE %; thence nm East
along said South line of the SE '/ of the NE'/ of the SE '/ fora distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the aP }iblie Records of Miami -Dade County, Florida,
more particularly described as follows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 2001026.5 7743027649
3/9/10
0
OR 6K 27227 PG 1498
L-AST PAGE
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast Quartw. of,Nprtheast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South line bf;'�a di3outheast Quarter of Northeast Quarter of 61
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
MIAMI 2001026.5 7743027649 7
3!9110
M'
.y
OR 6K 27227 PG 1498
L-AST PAGE
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast Quartw. of,Nprtheast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South line bf;'�a di3outheast Quarter of Northeast Quarter of 61
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
MIAMI 2001026.5 7743027649 7
3!9110
y
•n ^.Y �' ti, , , � �`� � �' ydµ
n
v OA
�:r •�. X vi ��. il 0.. y
CL
.y J �_ � c.i •�� ,� G l
_ C
� fw CFJ
EXHIBIT "C"
C"
�c
�J
y
}y�
J
n�
.A
•n ^.Y �' ti, , , � �`� � �' ydµ
n
v OA
�:r •�. X vi ��. il 0.. y
CL
.y J �_ � c.i •�� ,� G l
_ C
� fw CFJ
EXHIBIT "C"
C"
�c
�J
y
}y�
CD
aj
CD
.1•
Cav
I_, C
N
C
U
v
ca
r
^� f
r
w
J
W U` a
3 G
j U !]. G 4U
_ J
c �
c
Q 7 � � 1.
w�..
n r
AD
cz
Lo
ti
tl
G4
� CL r
0 o
.ate
"t7
w
n
a•^t
co
•Cf•
Ci
u�r
l...s r
y'7 J
r.
r::)]
k2
W) >1 ra
aT
Ci �.r tw •r. � t...
. .'..- v :) 2 p C �!
t. n
1 �
❑ �� ' a o
y bn r, C as
.J j • �, :j •J G.
G
L
Li
C
00
Ji
V
d v 4,
CL
o
tN
DU Vq, y v
CL
..
U
o (7 a rA o Q
f7 ro
6
v
M
K1.
�E.
//Frr��•w
rG�
A
u�
:J
t i-
�. •mss ,J Z �� '��� M
CL
N
fpj 3 W q 0.
in
�f
i
i
rt•
w
Ali
Q 1•-
u�
:J
t i-
�. •mss ,J Z �� '��� M
CL
N
fpj 3 W q 0.
in
�f
i
i
rt•
w
Ali
�x
JL4
+� ci
Q W NI .
w G Sr i
U w O C
u
.. .� b
O 4 r �:
CIA'
all
M II. T J CL
M o
/� c
ri ..J 1.. f � •-y .Q L
s6 Q J:
t
r
NM
c.p
;P�
..
U
z
C7
O
cz.Pl
CA 0
4U a4
CL
cj
r
4«Na � 1 r y � . � •.
.w.
f,� _o[s i � � off', �.. -•. '� �
l 1 U
O o
J
i-7
r N
"ii l... Q, �/+ "4 !. I� rid (� � •
0
• Y1
V.
li
d
1
BMn Sumberg
A T 1 0 R N C Y S P.T LAW
Jerry & Proctor, Esq.
tei 305.350.2361
Par. 305.351.2250
1procAor.@bllz-in.com
December 4, 2009
Via Nand Delivery
Mr. Thomas Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, PL 33143
Rai: Development Agreement
"Red Road Commons" Project
Dear Mr, Vageline:
Thank you for meeting with the development and. management team from Wood
Partners on Monday, November 16 to discuss the Development Agreement for "Red Road
Commons ". ' This response will address the permitted and required items in the Development
Agreement, and the current status,
Please note;
1. Permitted Uses, Densities and Intensities.,
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 E 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
'I The Project location will be referred to as the "Property" in this report, and the Property owner, RR.0 57`" Avenue,
LLC, will be referred to as "RRC ". Attachments to this letter are marked to correspond with the Item numbers listed
in the letter. I have also attached a copy of the recorded Development Agreement.
EXHIBIT "D"
SILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, 8ulle 2500. Miami, FL 33131.5340 Tel 305.374.7580 Fax 305.374.7593
M1AMd 2001048.2 7743027449
12,4/09
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 2
estimated square footages pursuant to Section .20.3 -7, City Code, The City
Manager approved minor modifications to the site plan In 2407, prior to
development of the Property, and in 2009 to accommodate the placement of
bicycle racks on the Property.
o Item (e.) The Property was developed in one Phase.
o Item (f,) RRC applied for a building permit within six (6) months of execution of
the Development Agreement.
2. Public Facilities:
o Item (a.) Water and Sewer asbuilts were issued to Jose Olivo, Public Works Dept.,
on Wednesday November IV', 2009, (Trarvsm)ttai attached). SW 66 and SW 68:
street Drainage asbuilts were issued on November 20'h; 2009. (Transmittal
attached)
o Item (b.) Attached
is the
agreement between Red
Road Commons and All
Services from Dade
County,
including service frequency
and permitting,
o Item (c.) Drainage services were constructed as per approved permit drawings
and inspected by the City of South Miarrii,
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 (e:) FDOT plans, permits and record of final inspections from FDOT and
MDC were issued to Jose Olivo, Public Works Dept„ on November 19", 2009,
(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 $100,000
payment to the City was made (copy of check attached).
3, Taxes; No tax exemptions has been filed. Taxes have and will be paid as required,
d, Work Force..A compliance report will be submitted to the Interim City Manager in
January, 2010 as required by the Development Agreement.
5. Site Plan:
o Item (a,) Attached is a copy of the FDEP agency permit with records of Inspection.
o Item (b.)
RRC has secured all
building entrances, elevators
and gates with FOB
key and
transponders issued to
all residents. Coordination of
emergency vehicles
has also
been taken seriously.
RRC
has met with
the City.
of
South
Miami
Police
MIAMI 2001048.2 7743027649
111;109
�;.` e1LZIN SUMBERG aAENA PRICE 8 AXFLROD LLP
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 3
Dept and issued 50 FOB keys and Transponders which all their on duty officers
and vehicles will carry in case of any emergencies, (See attached spreadsheet
and communication), Additionally, RRC has met with Dade County Fire
Department and addressed emergency team .access by installing Knox Boxes in
all gates and SupraMax Rapid Response- Systems boxes In all p0fnts bf;.try to
1. the buildings, including appropriate signage (sea sttaohd slgn exsmples), The
RRC Leasing office is ready to respond to any ornm,gen+ y durlflg.wor rig h,aurs:
from Monday through Saturday and has part time p:ollcs 'officer. and khe
maintenance manager living on the prerrii$es which are ; ceaity tv respattd 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_C.a.9.. (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
19'h,
2009.
(Transmittal
attached).
*Items (f,) Record plan sheets per City- approved revision 18 including email dated
October- 2008 2008 confirming Landscape lay -out and additions were issued to
Jose Olivo, Public Works Dept., on November 190, 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 assigned and enforced.
Additionally please see attached documentation from Hector Rabi, City of South
Miami, showing all approved occupational license numbers.
o Item (I.) Master Signage was provided and approved by the City of South Miami.
o Item Q.) A Std party lighting consultant has been hired and a final report will be
issued within 30 working days.
o Item (k) Refuse areas have been constructed to accommodate adequate
dumpsiers. Drawings have been approved by ERPB and constructed 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` ^,
2009. (Transmittal attached under Item #2a)
MIAMI 2001048.2 7743027644
1214/09
Cl; ii
BILDN SUMBERG BAENA PRICE 8 AX£LROU LLP
'
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 4
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 Laramar Communities, LLC.
o Item (n.) Sidewalks have been installed per the adopted site plans.
o Item (o.) The Paseo on the North side has been constructed has per the
approved, amended Site Plan.
o Item (p.) Civil drawings C5,1 (rev 20) attached shows a total of -6 Loading Zones
as approved by the City of South Miami,
o Item (q) On- Street 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.)-'Thera.'-Ore now ;958 parking spaces serving the development. This total
was ratified by City Staff 'and the City Commission as part of the most recent minor
plan I ri apprpvai and a subsequent ordinance adopted by the City
Commission on NOverrrt7e r 17, 2009,
• Item (s.) A letter from David Plummer & Associates was issued to Jose Olivo,
Public Works Dept:; on November 190, 2009. (Transmittal attached under Item
#2a)
• Item (t.) City of South Miami will monitor fr+7rr► ,time to time 4n :Pp I., 'int d i .en
basis. This requirement came about becapu q ofa;roraftor poollrocriantiorial desl9n;
on top of the parking garage in the ° original evelepmem. d sigtt attd t7ois�;
concerns about this arrangement by Clty;'staff T ti5 design was'rj0)s 9gad by RRG',..
and recreational space is now located Inside buildings
o Item (u.) On March 27, 2008 a contract was executed between Coastal
Construction and Denison 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. Unify of Title: A Unity of Title for the Property was recorded in 2007. A copy is
attached.
MT.A LI 2001048.2 7743027649
12/4/09
BIL21N suMBERG BA£NA PRICE 8 AXELROD I.LP
IF
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 5
Thank you for your cooperation. If you have any questions, please give me a call,
Sincerely,
Jerry l Proctor
JBP: id
c3 Roger Carlton, Acting City Manager
Jay Jacobson
Rolando Jaime
IFF)i .
WAMl 2001.048.2 7743027649
1214109
BILZIN SUMBERG BAENA PRICE & AXELROO L(P
IF r
�enaoinrxnP�xz��scxe � �.+�
.: ►ta��raat�uaer -ate
(: n�Jvir.asv� orm asracrq, uxy.n
Jnrtivary mum 121 S "997;893 Y0
Pty.:: �;• » ;•+ ;K s�+ .; %Ug7 Lhouu d'999'. da ol&3 aM 2D c ulla
Ion sr8oslxls��E�T�1nR►v8
a as WHMV)l6PLJ3143
Y
a m r u
s�7pL�pD61 ivy IT r. qDR� ?r. M`0059789�ED/
�. 20o0I1350 ti0A Z�' ..
., 4,
i 4.? .-. to
`= k to
{.. 6..
1. /fl •'. ��V�4 a
a feog. .
EXHIBIT "E"
Page 1 Qf
Page l of 1
Miami -bade County. Real Estate Tax Information
Page 1 of 1
Show Me: 2011 Taxes
Property Taxes 7 iii. Today's Date: 02/24/2012 Last Update: 02/22/2012 Tax
Year: 2011
Folio Number: 09 40250260010 SOUTH MIAMI
Search B Owner's Name: RRC 57TH AVENUE LLC %WOOD RED RD LLC
Select item Property Property Address: 6600 SW 57 AVE D
Detail Tax Information:
Real Estate Tax Info
;
Prior Years Taxes Due
�01,.1.Ad. Valore„ r .
2011 Non- AqLy.;3lore n
2011 Back Assessments
2011 Enterprise Folio
2011 Historical Abatements
2012 Quarterly Pav_ni._.euts_
2011 Tax Not
0 2002 Mleml -Dade County.
Alt rights reserved.
TQv ew_2011 Tax Notice /Memprand_um Jj k� here
Gross Total Taxes:
Ad Valorern.. 769471.20
Total Gross: 769471.20
2011 Taxes are In paid status.
Payments Applied To 2011 Taxes:
Date Applied Register /Receipt Amount Paid
11/28/2011 601710000373 738692.35
(N.D.270 -4.:16
Downtown Office:
140 W Flagler St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fri
Tax Collector
Property Appraiser
'Iorida State Dept of
Revenue.G. _
Property Tax Homo 1 Btal Estate Tax Info 12011 Taxes 1 Prior Years 12011 Non -Ad Valorem
X011 Back Assessments 12011 EnterPrlse Folio ( 2011 Historical Abatements 12012 Quarterly Payments I
ZOi.1,_T,.�X:.Notlye/Memorandum
E-mail your comments, questions and suggestions to 1Nebmaster
EXHIBIT "1-"
llttp: / /egvsys. miamidade. gov :I608 /wwwsery /ggvt /txcaw02.dia ?folio= 0940250260010 2/24/2012
Print Images
Account #: 130109175369 MICR Acct: #: 130109175369 Check No.: 91275
eansactlon 'type: Check Amount: $5,136.89 Date: 01/0312012
Sequence Number: 8995310331
Page 1 of 1
ronta.
7 ,
Equity Residentiat ,, TKO„ No. 00091275
i' 2 NORT 0 RIVERSIDE PLAZA eo-aa�
y ?, CHICAGO, IL 80606
PAY7711SAMOUNT DATE: 12r2=011 AMOUNT: ;5,738.69
Flvs Ttwusand One Hundrrd Tbtrty Stx AND 891100 Doltars
+.r, •• ; �• +'_ :' •, ^ , •• •• • vcwr Not MO!)EO WT+W 90 MY4 W7)+IN MTE tw 133ua
DADE CpuNTY "•YAX CDLLECTQR
-
Oici1 R 140 We #LACIER Sler e d.
FLOO
I• lwa,{ �! t4? r a t (y ) -r
r 4t FL 33134:1 F 'jam • r :
!
/1V.7►#CNiRE ., 113A
Y
�'[100DD91a75�' ►:04 2 20 5038►: i3Di0'ii7S359 +P 000000 5 4368911,
rw
l A
� l i
f{
Wit iY'
e ,
a ' I�xxris 9 !� Sti
j ,r�s
https: / /singl epoint.usbank. comlcs70_banking /sbb/ app/ smallbizlimagelprintlmagesFromV i e, .. 2/14/2012
F.
s
t�
.i
January 23, 2008
Mr. Julian Perez
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Rc: Red Road Commons Property/Project
SW Comer of Read Road and S.W. 66" Street, South Miami
Dear JuWm
To fulfill the tiequtrtni6r%ts of tho "D
proj eat, First United Ivi;'4g oast -15urt it tlf
whieb undoubtedly will lead to a betwr community.
Please feel free to contact me sbould the need arise.
Sincerely, `
Thomas . i Nelson, Pastor
First United Methodist Cburch of South Miami
Cc: Mayor Horace G. Feliu, City of South Miami
Jerry H. Proctor, &q.
Alexis Stilwell, Chair, Trust=s/First UP.4C of South Miami
Victor Dover
4.
r
9
RED ROAD COMMONS
Red Road Improvements
,
1. Push- button "ail pedestrian" crosswalk signal phase on
Red Road at Levante Avenue,
2. Better street striping — pedestrian crosswalk between
Church and project.
3. Better pedestrian signals with countdown features.
4. New pedestrian ramps — Levante Avenue and Red Road -
improved safety, better handicapped accessibility.
(1
5. Shorter pedestrian crossing distance,
6. Additional curbing /sidewalk area on east side of Red
Road at Levante Avenue,
7. Landscaped Median on Red Road between US 1 and
Ponce de Leon Boulevard,
M 1AM1 14573 58.1 774"21649
1116/08409 PM
C--� Bbin Sumbe%
AY T-0 It NF. Y9 AT LAW
t
.hyty ProG{a;�sq,
Td 'wO5S5023E1
Foi SOS.351.72J0'
Ip�oc+or�Wxlramm
September 27, 2407
Via Mand Delivery
Ms. Covina Esquilarosa
Factlities planning, Miami -Dade County School Board
1450 NE 2 Avenue, Suite 525
Miami, Fl 33130
Re; "Red Road Commons" Development
Property; 6000 and 6640 SW 57 Avenue and 5757 SW fib Street, City of
South Miami
Dear Ms. Esquijarosa;
r'urst)ant to Cfause 6 to the aliarl7ed p.�velogmait Ag!•ee[Fient foF, the "Rrrd;.Road
Cornnroris" ctevetaprnent; ertiGdsad please fnd.;a check to tt trlisrrsi Dada;Coafaty School board
in t11e tasC!aunl rat ,bOb.ilt) f'lezis ronflml in wnt�tlg that iltts payment saiisf'ies: he condition
of the ['3evetaprrini Agreehontnd;ny bLtUttng peri7iif:requEretiirli of "the Schcil. Board on
this matter.
Thank you for your cooperation.
JBP :id
Jay Jacobson (wlencl.)
Tia Jessee (wlencl.)
Julian Perez, City of South Miami (wlencl.)
". - .. £_ it r -.
i MIAMI 141596).17743017649
if 927107 4:27 PM
�.. �.,. r,i„vgon UArNA PRI" d AXELROO LLP
�'�11�PL7:fJRt,1:�:�!+! +« D63�] QD: u' :27t�2�'147i�i��SQ- 4Ci'��C'�ji•
x
e;
and for other
good and
valuable consideration, Owner
hereby agrees to restrict the use
of the subject
property in the following manner.
n
t
f.
This instrument prepared by:
Jerry B. Procter, Esq,
Bilzin Surnberg Baena Trice & Axelrod LLP
200 South Biscayne BoWeve,rd, Suite 2500
Miami, Florida 33131 -5340
UNITY OF TITLE
11 ## ill # #1 ## Jill #Il ##Illlill #1 #I1 #1 #l#ilill #I
CF" 2007R0:328aso
OR Bk 25496 F4% W47 - 51; (Saul
RECORED 03M/2097 1stmal
HARVEY RUMP CLERK OF CINT
t1IAM' DADE COUNTY► FLUMA
�Spacc'Reserved for Clerk of Court)
This Unity of Title made and executed this ry day of 1'►�I_ arc , 2007, by RRC
571" Avenue, LLC, a Florida limited liability company;
WHEREAS, the undersigned Is the Owner of that property described as:
6600 -6640 SW 57 Avenue and 5757 SW 68 Street
Folio No, ::09"4025- 026 -0010 Folio No.: 09- 402E4264060
Folio No 09 -4025- 026 -0020
Folio No;: 09- 4025 -026 -0030
Legal Description: See Exhibit "A" attached and made apart hereof.
Owner recognizes and acknowledges that for the public health, welfare, safety or
morals, the herein - described property should not be divided Into separate parcels
owned by several owners so long as the same is part to the hereinafter 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.
Owner
deemed a`coti
the Pubiiq;Re
effect and.. be
and assips r
released In t
Commission,
That said property shall be considered as one plot, and parcel of
land and that no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety
as one plat or parcel of land.
further agrees that this condition, restriction and limitation shall be
enan3.runtiing with th'e:land'and may be recorded, nt. .Owner's expense, in
obfds^ of MJ.pmr Dade: +County, Florida Ohd shall• remain in full force and
binding upon the Owner; their Heirs, successors, personal representatives
ind upon all morlgagdes or lessees until 'such time as the same may be
Mang; aftot ;approval. by- resolution passed and adopted by the City
after public hearing, and executed by the City Manager and City Cterk.
EXHIBIT swill
I.
Oraty oo Thlo
Page 2
The release of the Unity of Title is contingent upon a cessation of the conditions andtor
criteria which originally requ {red the execution of the subject Unity of TIlle,
[Execution Pages Follow)
2
Unity of Tillc
Page 3
Signed, witnessed, executed and acknowledged on this day of
+�a'r�'i, 2007;
IN WITNESS WHEREOF, RRC 574 Avenue, LLC has caused these presents to
be signed in its name by its property officials,
WITNESSES: RRC 57"' Avenue, LI.0
By: University of Miami, a Florida not
for profit corporation, its sole
member
STATE OF FLORIDA ).
SSt.
COUNTY OF MIAMI -DADE
-'. f` regoing instrument was acknowledged before me this Cyday of
2007, by Joseph T. Natoli as Senior Vice President for
,$$•and Finance, of University of Miami, a Florida not for profit corporation, the
sole member of RRC 571h Avenue, a Florlda limited, liability co any, who (check one)
are personally known to me or I ✓ ] have produced
as identification..
fny Gomrnii
3.
ltfllla I m
Print