Res No 046-11-13360A Resolution of the Mayor and City Commission of the City of South Miami, Florida
relating to the review and acceptance of the Annual Report of the RRC 57`h Avenue LLC
on their mixed use development project known as Red Road Commons located at 6600-
6640 SW 57th Avenue; said report required by Section 12 of a Development Agreement
executed between the City of South Miami and RRC 57`h Avenue LLC by the adoption
of Ordinance No. 12 -05 -1834; and providing an effective date.
WHEREAS, the City Commission at its April 9, 2005 meeting approved Ordinance
No. 12 -05 -1834 allowing RRC 57`h 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 2011 Annual report was submitted to the City on February 28,
2011 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 2011 Annual Report submitted by RRC 57`h Avenue, of the property
located at located at 6600 -6640 SW 57 Avenue as required by Section 12 (p.7) of the Development
Agreement is accepted.
Section 2. This resolution shall be effective immediately upon being approved
Res. No. 46 -11 -13360
11
PASSED AND ADOPTED this 15, day of March, 2011
ATTEST:
Y CLERK
READ AND APPROVED AS TO FORM
AND SUFF IEN
CY: Y:
CITY ATTORNEY
o come _ t
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
LCH
Y: \Comm Items \2011 \3 -15 -1 I \RRC 57 Avenue - ANNUAL REPORT - DEV. AGREEMENT\Red
Road Annual Report 2011 Resolution.doc
South Miami
Ail- AmerleaC�
CITY OF SOUTH MIAMI r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager /`/
From: Lourdes Cabrera, Acting Director
Planning and Zoning Department
Date: March 15, 2011 ITEM NO.
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida relating to
the review and acceptance of the Annual Report of the RRC 57th Avenue LLC on their mixed
use development project known as Red Road Commons located at 6600 -6640 SW 57th Avenue;
said report required by Section 12 of a Development Agreement executed between the City of
South Miami and RRC 57th Avenue LLC by the adoption of Ordinance No. 12 -05 -1834; and
providing an effective date.
PROJECT SUMMARY
In 2005 the City Commission approved the Red Road Commons Project located at 6600 -6640 SW 57
Avenue and 5757 SW 68 Street. The project 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 pursuant to Florida Statutes
163.3220 - 163.3243. The submittal to the City of an annual report on the Development Agreement is
required by Section 12 (p.7) of the Development Agreement document.
DEVELOPMENT AGREEMENT STATUS
The Development Agreement was first approved on April 9, 2005 by adoption of Ordinance No.12-
05 -1834. The Agreement after minor amendment in June 2005 was executed and signed by both the
City and the developer on March 29, 2007. The Agreement was then recorded in the County's Public
Records and filed with the Florida Department of Community Affairs. The required Annual Report
was submitted to the City in 2008, 2009, and 2010. The annual report must be submitted to the City at
least 30 days prior to the annual review date. The effective date of the Agreement is March 29. The
City Commission must review the report at a public meeting.
ANNUAL REPORT SUBMISSION
The 2011 annual report was submitted by the project developer, RRC 570' Avenue, LLC on February
28, 2011. The actual annual report is a three page letter from the developer's attorney Jerry Proctor,
Esq. It is a status report showing that obligations have been met and that there has been compliance
with the major provisions of the Development Agreement. The executed Development Agreement is
attached as part of the report.
ADMINISTRATION RECOMMENDATION
The report meets the compliance requirement of the Development Agreement.
Attachments:
Annual Report Submission: 2 -28 -2011
Red Road Development Agreement
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C:X' Biia_in Sumberg
ATTORNEYS AT LAND
Jerry B. Proctor, Esq.
Tei 305.350.2361
Fax 305.351.2250
jproctor @bitzin.com
February 25, 2011
Via Hand Delivery s EmEI
Dr. Hector Mirabile, City Manager FEB e. E 2011
City of South Miami
6130 Sunset Drive PIPPnIng and Zon t
South Miami, Florida 33143 Depe MISO
Re: RRC 57`" Avenue, LLC
Property: 6600 SW 57Avenue, City of South Miami
(Folio Number 09- 4025 - 026 -0090)
Annual Report of Development Agreement
Dear Dr. Mirabile:
This law firm represents the owner, RRC 57" Avenue, LLC ( "Owner"), of the property
located at 6600 S.W. 57th 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. 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 "B "). For
additional information, see 'the letter dated December 4, 2009, submitted to the City
regarding the status of the Development Agreement. (See Exhibit "C "). 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 "D" for a copy of the payment.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 Tel 305.374.7580 Far. 305.374.7593 www.bilzin.com
Page 2
February 25, 2011
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. 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(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 Area Median Income for Miami -Dade
County is $52,200. At least 10% of the total units rented out will be to individuals or
families with incomes between $41,760 and $62,640 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(0 throughout the remainder of the
Agreement. The required annual housing report was submitted to the City by letter
dated January 11, 2011. 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 2010 ad valorem taxes to Miami -Dade
County in the amount of $820,934.69. See Exhibit "E ".
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 "F" 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 "G" 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 "M' for a copy of the Unity of Title.
C; SILZIN SUMBERG BAENA PRICE & AXELROD LLP
Page 3
February 25, 2011
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.
Sincerely,�Z
Jerry . Proctor
JBP:id
cc: Lourdes Cabrera, Interim Planning Director
Sandy Youkilis, Planning Consultant
Laurence Feingold, Esq., City Attorney
Ana Barranco
Jim Kelly
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
11111111111111111 11111a111i11111 ID1 U11 IN
Cr #4 2007:Y0328.886
OR Bk 2$444 Pas. WM - 721 (21ssst
RECD M 03/3012(707 15002331
1iAM RWIN, CLERK OF COURT
11IAMI -WX CMWYr R.O W
This imaurrent prepared under the supervision:
and when recorded return to:
Jerry N. Pronat, Esq.
Bitzhr Sumhert; Storm Price & Axelrod Up
200 South Biscayne Boulevard (Space Ra rved for Cie*)
Suitt 2500
Miami, Florida 11014JM
DEVELOPMENT AGREEMENT
This Development Agreement is made as of this tL day of aYa't, 2007, by a7td
between The City of South Miarni, Florida, a municipal corporation ( "Ciry") and RRC 57i6
Avenue, LLC ( "Applicant ").
Applicant hereby voluntarily makes, deelares, and imposes on the property described
below, this 'agroemeni running with he title to the land, which shall be binding on and shall inure -
to itic benefit of die Applicant, successors and assigns, mortgagees, lessms, and against all
persons claiming by, through, or under them until such time as this Development Agreement
( "Devclopment Agreement") is released in writing as hereinafter provided;
WHEREAS, Applicant awns die property in the City, in Miami -Dade County, Florida,
Icgaily described oo Exhibit "A", also known as 6600.6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property "), and
Ji'HERF.AS, on July 22, 2004 Applicant filed an application with the City fo rezone the
Property front TODD (MU 4) (Transit Oriented Development District) to PUD-M (Planned Unit
Development -Mixed Use), and to obtain site plan approval (the "Application "), and
WHEREAS, the Florida Local Government Development Agrecim rtt Act, set forth in
sections 163.3220 - 163 3243, Florida Statutes, (the "Act') provides for the execution of
development agreements to insure that (he law in effect at the time of the execution of the
development.agreement shall govem the development of the land for the duration of the
agreement.
NCJtf•: TlfEREFOR£, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficioncy of which are expressly acknowledged, Applicant and the
City hereby agree as follows:
MIAMI 6193t0d5 7124021531
a22s(n7
EX1i1131f "A.,
1. Permitted Usas, Densities and Intensities Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved With the following:
a There shad be no more than 407 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. Development of the Property shall be is accordance with the adopted masw arts
plan on file at the City, including elevat ions, architectural features, andesftmated
commercial square footage pursuant to Section 20.3 -7, City Code.
e_ Development of the Property shall be in one (1) phase. -°
f. A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 3.7f), Expirations of PUD
Approvals.
2. Public Pncilides: In order to enhance public facilities in the City of South
Miami, Applicant agrees to provide services in compliance with Section 20A.1 of
the Code of the City of South Miami, including
A. Water and Sewer services that comply with all requirements of Miami -Dade
County for any building prior to issuance of a anal Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Miami Dade County
for any building prior to issuance of a final Certificate of Use and Occupancy.
c. Drainage services that comply with all roquiremems of the Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donate $928,000 in one lump sum as its responsibility for meeting Perk and
recreation coneurreucy. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B ", incorporated herein by referees.
a. Traffic-Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate lea -turn, northbound entrance lane on Red
Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on
the Property, pror m the occupancy of any buildings on due Property. do addition,
Applicant will present plans within two (2) years after the recording of this
MVIW $19310.157326021531
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P ,
Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improveracnts and landscaping in the center of Red Road (SW 57
Avenue). directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the beautification improvements.
Housing — A requirement of ten percent (10 %) of the units will rent to individuals
or families in the moderate income segment of the affordable housing group. If
the residential units convert to condominiums, ten percent (100/0) of the units will
be sold to individuals at families in the moderate income segment of the
affordable housing group. to analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short -term vacancies. Incomes shall
be based on Area Median Income (AMi), as defined by the U.S. Department of
Housing and Urban. Development.. Proof of Compliance with this requirement on
an annual basis shall be provided in writing on or before January 15 of the
following year to the City Manager. In addition, the Applicant shall make a
paynrenrofS100;000 to the City on or before4hc issuance•o €tho first certificate of
use and occupancy for the development on the Property, to be placed in a City
trust fund to assist in the development of low income housing in the City's
CommnnityRedevelopment Agency area.
equal to the annual Operating Millage Rate. if the Property Owner receives an
exemption for paying Operating Millage Taxes from Miami -Dade County, the
Propetty Oumer shall contribute tat amount equal to the Operating Millago Taxes
to the City of South Miami in any year that such exemption is granted. Thls
provision shall not abrogate any of the Property Owner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami -Dade
County.
A. Work Farce: In an effort to enhance job opportunities for local citizens,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
of South Miami, or a substitute designee by the City Manager, prior to or
concurrent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or permanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property, In regard to
recruitment and employment, the Applicant shall demonstrate that it has used its
best efforts to hire job applicants from the City of South Miami, provided such
candidates are qualified for the positions in question. In addition, the Applicant
shall hire two residents from the CRA district to assist the Applicant in providing
construction services during the period of construction and development of the
Property. Payment for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
MIAMI 919W. 13 7326021331
3119107
5. Site Plan.
a, Applicant $hail retain storrnwater drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. A$ part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
access by public safety vehicles.
C. The entrance at Lcvante Ave. shall be signalized and approaches installed based
on approval by Miami -Dade County and the State of Florida Department of
Transportation.
d: The exit-for the driveway onto - SW. 66,Street shall be designed and operated as a
tight turn out only driveway, The exit shall be closed with a gate to prevent turn
out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday-
.,.. .. ... .._ .. .... ......... ..... _.._. ....,....... ... ... _.... .. _
C. Applicant shall provide a minimum of one (I) stop location on site for service by
the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57'a
Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated
will% the City of South Miami shuttle pick -ups to minimize traffic impacts.
f. Applicant shall provide and maintain landscaping acceptable to the City between
the FP'L facility and the garage. The applicant must provide a row of 12' high
trees with trunk circumferences not less than 6 inches on the City's property
between the FPL facility and the South Miami Community Center. The row of
trees to be located on the City's property between the FPl. facility and the South
Miami Community Center shall be uniform in appearance and consist of not less
than 25 trees in die row.
e. Applicant shall provide and maintain a six -foot high C13S wall between the
project and the remaining service station,
In, Employee parking shall be restricted to the garage and it shall be the developer's
or his assign's responsibility to submit with each occupational license proof that
employees arc utilizing the assigned parking.
i. Applicant shall provide a master eignage plan for project identification, truflic,
routing, and retail stores prior to final project approval by the Environmental
Review and preservation Board (ERPB).
j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity
at an l8 inch height. Within six months of project completion the applicant is to
provide a certified report on the mandated illumination level.
k. Applicam is to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
WAtr71 t19' 1UAS 7326021tit
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areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at 'final approval stage and adopted and incorporated as an exhibit to the
Development Agreement prior to final approval of the Development Agreement,
1. All parking and street improvements placed on the public right -of -way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
In. Applicant must limit the types of retail establishmonts in order to assurc that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City an initial parking plan for
retail stores and shall maintain the allocated number of spaces for each occupant.
n. Applicant shall- instaitallsidewelks as shown on the-adopted master she plan.
o. Applicant shatl open up the paseo on the north side as shown on the amended site
plan; as approved by the Planning Board; in order. to breakup, the long-facade of
the residnt6al building. -
P. Applicant and the City shall agree on the number of locations of the loading zones
prior to the final approval of the Development Alueement. no dimensions and
Agreement.
q. Applicant understands and agrees that the City may eliminate the on- stroct
parking spaces located on SW 66 Street.
r. Applicant shall provide 1,001 parking spaces (which may be reduced in
accordance with Condition #5q, requiring removal of on- street parking on SW 66
Street), through a combination of parking garage, a small surface lot, and on -site
street parking.
S. The Applicant will commit to participate in a joint working group with the first
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic permits indicating travel iancs of 10.5
feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Property
and the First United Methodist Church to the east, subject to the approval of
ivllami -Dade County and the State ofFlorids Department of Transportation:
MIAMI $1011015 7326021531
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The Applicant shall not exceed It noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the'Propetiy to be selected by the
Planning Director; said location may change from time to time.
U. The Applicant shall obtain approval it= the City of a parking plan for
construction workers prior to the issuance of a building permit.
Schools, in an effort to assist public schools located within the City, Applicant
voluntarily agrees to donate 534,800 to the Miami -Dade County School Board
( "School Board "), to be specifically earmarked for capital improvements at public
schools located in the City. The Applicant's donation shall be paid upon the
Issuance of a Certificate of Use and Occupancy far the first residential unit on the
Properly. Decisions shalt be made jointly by the City and School Board, and
funds must be spent within two (2) years of the donation. in the event that no
capital improvements can be identified or agreed upon for the expenditure of the
.funds.withbt. the nvo year pmiod,.the. Appliowifs.donation.may beutiliaed.to fund
programs, purchsso materials (such as additional computers) or in any manner
that the School Board and the City determines will enhance the mariculum and
The students' attending the subject schoalts educational experience. Terms of the
donation and student generation analysis are contained in the School impact
ReJiew Analysis dated November 16, 2004, attached to this Development
Agreement and busby incorporated by reference.
7. Unity of Title. Applicant shall submit a Unity of Tide, pursuant to the
requirements of Section 20.3.7()3)(1), City Code.
NOW THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
S. Vesting, As long as the development oti the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the execution of the Development Agreement as well as
other requuemcnts imposed by the City Commission upon the ratification of the
rezoning or the site plan approval on the Property, the Property shall not be the
subject of a downzoning application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by the City that limits the development contemplated by this Agreement
and depicted in the Master Plan. Any failure by this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Applicant of
the necessity of complying with the law governing said permitting requirements,
conditions, tennis or restrictions.
9. Impact Bees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
MIA-At $0110.15 73�6[N131
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10. goneurrencv and Coilsistenc9 . The Application together with the Applicant's
parformance under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20.4.1, City Code. By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets all eoncurrcncy regulations enumerated in Section 204.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11, Term of Agreement. The provisions of this Development Agreement shall
beoome Wective upon its recordation in the public rocards of'Miami•Dade
County, Florida, and shall continue in cffem for a period of ten (10) years after the
date of such recordation, after which it may be extended by mutual twnsent of all
legal _andequitable.owners.of..tht r-ity.otsou'lla.miaml upon
approval at a public hearing,
12. Annual Report and Revietn It shall be the responsibility of .Applicant to.submit
an annuat report to the City sufficient to fulfill the requirements as stated in the
provisions of the Act, and Ordinance No. 11-054M, This agreement shall be
reviewed annually on the anniversary of the effective date of this agreement.
Applicant, or its assign, shall submit an annual report at least 30 days prior to the
, _.. .._.._. -mom _ _e_..... -: 'l .:.,,.,n- o listino of wh &t
obligations have been met and the date finalized, as goad faith compliance with
the terms of the agreement. The City Commission shalt review the annual report
at a public meeting. if the City Commission finds, on the basis of substantial
competent evidence, that there has been a failure to comply with the terms of the
Development Agreement, the City shall provide the Applicant with a fifteen (IS)
day written notice and opportunity to' cure the non - compliance. The Applicant
shall have 45 days after the expiration of the I5 -tray notice period to begin to cure
the non - compliance, after which the Agreement may be revoked or modified by
the City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is terminated.
13. Modification, The provisions of this Development Agreement maybe amended,
added to, derogated, deleted, modified, or changed from time to time by recorded
instrument executed by the then owners of the Property and the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD•M development contained in Chapter 20 of the City Land Development
Code.
14. Friforcemeut. The City, its successor or assigns, and the Applicant, its
successors slid assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at taw or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs and
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disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorne)es'fees'payable under this
paragraph shall not exceed 25% of the judgment.
15. Ins ertiou. Nothing in this Agreement shall be construed to waive or limit the
City's governmental authority as a municipal corporation and political subdivision
of the State of Florida. The Applicant, therefore understands and agrees that any
official inspector of the City of South Miami, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
investigating the use of the premises to determine whether the Propertyeomplics
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and lnsoectians. In the event the
Applicantts) is/are obligated to make payments or improvements under the terms
of this Development Agreement and such payments are not made as required, or
sii6fi'iiiipiovemcnCS dre tiamade'as'requmed', In' additionto -any other remedies
available, the City of South Miami is hereby authorized to withhold any further
permits on the portion of the Property failing to comply with this Development
Agreement, and refuse to grant any inspections, my appkovais, or any cer7ificates
of occupancy with regard to that portion of the Property until such time this
Development Agreement is complied with.
f?. Represeal0lons of the Applicant. Applicant represents to the City as follows:
a. The execution, delivery and performance of this Agreement and all other
instruments and agreements executed in connection with this Agreement have
been properly authorized by the Applicant end do not require further approvalby
Applicant.
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid aid binding obligations, enforceable against Applicant in accordance with
its terns.
c. There are no 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 Agreement.
d. Applicant shaft not act in any way whatsoever. directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express terms, and shall take all actions necessary to ensure that this
Agreement shall remain in Cull force and effect at all times.
e. Applicant has the financial capacity to pay or advance in the City all fees and
payments as required under this Agreement.
18. Severabilliv. If any provision of this Development Agreement or the application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for any reason, this the Development Agreement shall be
MIAMI Ei 0110.15 73x60? 1511
Y%9 %e7
ineffective only to such extent and the remaining provisions shall eoohnae to be
given Full force and effect so far as possible.
19. Joint Preparation. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed against the
Applicant in issues of dmftsmanshlp. The captions of each article, section and
subsection contained in this Agreement are'for case of reference only and shall
not affect the interpretationaf meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as to any other items or terms which may
Cali within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of ibis agreement shall inure to, all successors in interest to the parties of
this Agreement.
..... .... . .... ._. .......... ......__. .... ..._..__._.. .... _. ... ..
21, Captions and Readings. Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22. Appiicible Caws Jurisdiction. and Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida without regard to principles of conflicts of law. This Agreement may
litivation neataining to the subiect matter hereof shall be ezclusiveiy in Miami-
Dade County,
23, Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the Cinc
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Ft. 33143
Copy to:
Planning Director
Planning and Community Development Department
city of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI $19 310.15 7U60215)I
JfiP07
For the Applicant:
Irma Abe13a, Esq.
General Counsot's Office
University of Miami
1320 South Dixie Highway, Suite 154
Coral Gables, Fl, 33125
Copy to
Jerry B. Proctor, Esq.
Bil2io Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, FI. 33131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
performance of any covenam, agtcemedt; torttt or condition 'of this Agreement; or
to exercise any right or remedy consequent upon the breach thereof, shall
constitute a waiver crony such broacb or any subsequent breach of such covenant,
agreement, tens or condition. Nro- covenant, agreement, term, or condition of this
Agreement 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 covenatrt, agreement, term and condition of this Agreement
shall continue in full force and effect wltb respect to any other then existing or
subsequent breach thereof.
25. Third Part), Beneficiary. This Agreement is exclusively for the benefit of the
panics hereto and their Affiliates and it may not be enforced by any parry other
than the patties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the parties hereto.
26. Survival. Any covenam, term or provision of this Agreement which, in ordor to
be effective, must survive the termination of this Agreement, shall survive any
such termination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27, Periods of Time, Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shalt fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be, extended to the next
day which is not a Saturday, Sunday or legal holiday,
23. Entire Aereement. This Agreement sets forth the entire agreement betvreen the
parties hereto with respect to the subject matter hereof. All agreements,
covenants, representations , and warranties, express or implied, oral or written, of
the panics with respect to the subject matter hereof are contained herein. No other
agreements, covenants, represomations, or warranties, express or implied, will or
written have been made by any pony to the other with respect to the subject
matter of this Agreement. All prior and contemporaneous Conversations,
MIAMI 8i .(0.157326021531 10
p2wa'
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter herco& are waival,
merged herein and superseded hereby. Each party affirmatively represents that no
promises have been made to that party that are not contained in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Agreement shall not be supplemented, amended or modified by any course
of dealing, course of performance or uses of trade and may only be amended or
modified by a wrinen instrument duly executed by officers of both parties.
29. Counterparts. This Agreement may be executed (including by facsimile) in one
Or more counterparts, and by the different parties hereto in separate eouotrxpa=ts,
each of which when executed shall be deemed to be an original but all of which
taken together shall constitute one and the same agreement.
30. Recordation. Within 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant shall. cause a copy of the
Development Agreement to be recorded at the Applicant's expense in tht:44stty
of deeds in Miami -Dade County.
31. Exhibits, All exhibits attached hereto contain additional terns of this Agreement
and are incorporated herein by reference.
32. Effectiveness, This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of ally appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the .Applicant grid the City in accordance with Paragraph 42d. If the Park
donation is not established in accordance with Paragraph Qd, thm applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
IM 1F'l.TNESS FVNEREOF, these presents have been executed this c� day of
-- MaYtkt 2007.
MIAMI 90310.1$"261:153 t 77
l;>9iut
ACKNOWLEDGMENT AND ACCEPTANCE
AY CITY OF SOUTH MIAMI
KNOW ALL UEN BY THESE PRESENTS that
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
, dated and attached hereto.
DATED this aI 1 . day of 1�d"# 2007,
CCTV OF SOUTH NHAND n
Ey, .
MYvonne S eKinley
City Manager
r
TT.EST:
ai
LERI
Maria M. Menendez
STATE OF C¢ "Yir�p • )
COUNTY OF J�I�Iv1u_,_J_Ifd�T )
7at1� foregoing instnunent was acknowledged before me thisaj day of iVa4 2007 by
6� r SP C`�j'p ,; /p y, �r-7' 1 of the City of South P4iami and attested to by
t .0 M. Menenow , City Cieri, o c Chy of South Miami who are ( ) persona4y known
to me or ( ) produced a valid drivels license as identification..•
Notary Publ �._"�— -M—a-�ria M. Menend6z
Sign Name: n2 h2_Me e�i
Print Name:
My Commission Expires:
Serial No. (None, if blank):
[NOTARIAL SEAL)
P MARIA M. MENENOe'Z
7 YV COM41951^M Y 00 T! }pig
°}�pF° pfPlpE$: MVM I6,YK8
�auvsnim gM+YV[ner. xk� m
ML \M! Ai?++fH- F+��,i,Q,JM.7i:G0.15? t
v26N1
IN WITNESS WHHEREEOfi, the undersigned party has agreed to this Development
Agreement dated as of tbe2TdAyofAanA5 �, 2007.
W sses:
P RC 57m Avenue, LLC, a Florida
�} limited liability company
Print Name: :TT-ro Ct "" t''1E3�1.L -�' Bye University of Miami, a Florida non- profit
- corporation, its s e mfin}xr
Y, �l
tame: Joseph toll
Print Name: I'i'St -�14I Title: Sensor ice President for Business
and Finange
STATE OF FLORIDA )
COUNTY OF MIAMI -DARE)
The foregoing instrument was acknowledged before me thi63Z day o
2007, by )oseph T. Natoli, as Senior Vice President for Business and Finance, of the cmity
of Miami,:: a Florida non-profit corporation, the Solt Member of RRC 57m Avenue, LLC, a
Florida limited liability company. Hg /She is personally known to me or has produced a State of
driver's license as identification.
Sign Name: Print Name: My Commission Expires: t Serial No. n
[NOTARY SEAL]
r Ducey "UC•STM Of miti3
Melody M.
i Lp�(lrpyymissioOCT Do 2010
60%DFD 1110.1' N11. \TIC BONDING
MIAMI 819310.15 M6021531 13
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B7IfifB7T "A"
Legal Description
Pared 1;
All of Tract 1, of the. REVTSM' PLAT OF Mt RN 'OODI according tit tfie Plat I'Vwf, as
recorded in Plat Book 35, at Page 72, of the Public R.oeorc7s of Jriiantt -Dada Cotwty, Florida, ksa
'iha South 475,657 feet of the R'e'st 100 feet, and less site the East 150 feet oftbe Sonih 330 tcct,
end 3ess also the South 125 feet: of the Wort 175 feet of the East 325 Sect, and less also the'$ast
75 feet of the Whit 175 feet nfthe South 125 facto£ said `I`tapt. .
Parcel2: "
The Baez 75 fret of fhe Vest 175 feet of the South 125 fcex of Txaet l of )?BVISM PL &T OR
YBRjTTP700D, according to the Plat thenuf, as, rccordul in Plat Bonk 35r at Page 72 of ft
public Records of Miami Dade CovntyfFlorida:
I Pan
NOX
The North 132 feed of the SB' /, of fho. NE' /. of the uB'' / < =of Section 25,. TowaAip. $4 Sot1Et, .
Range 40 Bose, Secs the North 25 feet of the North 132 feet of the SE' /, of the NB'/. of the SE I/
of Section 25, Township 54 South, Ringo 40 Bast• '
54 South Range 40 Eau
Thatpert ofthe SE/of the N&/of tbd SE % of Saetion2Township
dcmdW as follows: ..
1 Begin at the'SB coma of slid BE of the 1 B' /. of the SE ' /.; thence nm CUcst along flit 5oath
i 1•u>e of stud SE' /. of the NB % of the SE Y. for a diafanoo of 195 feet for a Point of Bov'um inj;:
O�eaca iva North parallel ta. the Bast zinc of said a"B'. of tho NE' /+ ortlw SE' /, fox a.distance•of
_ 150'feei; thence run. West parallel to the South' line of said Si Y. of the NE'/. of the SE' /. far',a
distance of Io@ feet; thence run parallel -to the But line of said SE Y. of the NE''h of the SB' /. fi k
a distance of 350 feet to the South line of said SE A of the 1E' /. of the BE %; thencc! nm East
` along said South lint of the SE A of the NE % of the 'SE' /. fora distance of 100 fart to thc'Point'
i of Begvroing, less the South 25 feet far public mad purposes.. .
• • 'Parnal 5: ' '
ThcNonb'' 180 feet of ft South 330 feet of the Bast 150,feet of Zkabt 1, of)3 YiSED PLAT OF
�. PBRNWOOD, according to the PIZL thereof, es recorded in, Plat Book 35, at Page 72, of the
Public Records of Msjpi -Dade County, Florida. .
!
l
I
t ,
i
Phi be
A. portion of Tract 1, ItBV1SBD PLAT OF fiBRNR!0OD, accoxding to the Piet thtseoz na
-worded in Plat Book 35, at Page 72. of0ae Public' Records. of Miarni -Dade Cornty, Rlorid4
mace particularly described as follows:
That part of thc'Somlreest Quarto of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 8oetb, Range 40 East, described as follows;
Begin at tbn Southeast coma of-mid Sottheast Quarter of Northeast Quarter of Se"Ibcast
0
144Z 1256979.17332426733
OR BK 25A V6 PG 0051
LAST PAGE
Quarter, thence run West along the South line of said Southeast Quarter of Noremst''quarter of
SoutUA Quarter for a distance of 2SS diet for POW OF BEO7�.NNINU; ttsance runs North
parallel to East line of said SDUd,,aSt Quarter.o}'Northeaat Qoazi;erof tS'0UthaZ5t Quarter 150 fe04'
then,; run Walt parallel to South lino of raid Southeast Quarter of NDrtbcast Quarter of
Southeast Quarter 75 ket; thence tun South parallel to the Past line of said Southeast Quarter of
Northeast Quatiw' of Southeast Qadaff -15o feat to the'Soul lint of W4, Souq=st Qpar. av of
Noxthosst Quarter of Southeast Quarter, thence $air along said South line of the Southeast
Quarter of Nnrtheaat Quartet of Southeast Qua -ter for a distanco of 75 fact to the POII'U OF ,
BEOh4MG, LESS the South 25 fcct forpuhlic road,
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Min Sumbezg
ATT ORNEYS AT LAW
Jerry El. Proctor, Esq.
Tel 305.350.2361
Far. $05.351.2250
jproctogigbiizin.eom
December 4, 2009
Via Hand 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. 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 it 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
�! The Project location will be referred to as the "Property" in this report, and the Property owner, RRC 57" Avenue,
LLC, will be referred to as "W". Attachments to this Setter me marked to correspond with the Item numbers listed
in the letter. I have also attached a copy of the recorded Development Agreement.
J~MBIT "C„ MIAM12o0loas.zT7a30V4M
BILZIN SUMa ERG eAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 Tel 305.37A.7530 Fax 305.374,7593
S;:Ir.Cprtl
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 2007, prior to
development of the Property, and in 2009 to accommodate the placement of
bicycle racks on the Property.
• Item (a.) The Property was developed in one Phase.
• Item (i.) 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 1e, 2009. (Transmittal. attached). SW 66 and SW 68
street Drainage asbuilts were issued on November 20° , 2009. (Transmittal
attached)
oItem (b.) Attached, is the agreement between Red Road Commons and All
Services from Dade County, including service frequency and permitting.
• Item (c.) Drainage services were constructed as per approved permit drawings
and inspected by the City of South Miami.
• 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.
• 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)
• 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.
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:
• Item (a.) Attached is a copy of the FDEP agency permit with records of Inspection.
• 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
MiAMt 2001048.2 7743027649
i2n /09
`n' BiLZiN SUMBERG BAENA PRtGE & AXELROO 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 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.
oltem (c.) Development attachments were issued to Jose Olivo, Public Works
Dept., under Item number 2(e).
oltem (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 email dated
October,10"", 2008: confirming: Landscape lay -out and additions were issued to
Jose Olivo, Public Works Dept., on November 19ri', 2009. (Transmittal attached)
o Item (g.) A six (S) 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 U.) A 3rd 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
dumpsters. Drawings have been approved by ERPB and constructed as such. All
Services (solid waste company) is functioning efficiently and with no complaints.
o Item (L) 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 7743027649
12!4109
BILZIN SUMBER13 SAENA PRICE & AXELROO LLP
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 4
o'Itern (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.
• 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.) On- Street parking on SW 66 Street was eliminated by the City. Final
construction was built per approved City of South Miami Permit drawings.
• Item (r.) There are now 958 parking spaces serving the development. This total
was ratified b City staff and the City Commission as part of the most recent minor
plan modification approval and a subsequent ordinance adopted by the City
Commission on November 17,. 2009.
• Item (s.) A letter from David Plummer & Associates was issued to Jose Olivo,
Public Works Dept., on November le, 2009. (Transmittal attached under Item
#2a)
• Item (f.) City of South Miami will monitor from time to time on a complaint driven
basis. This requirement came about because of a rooftop poollrecreational 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 recreational space is now located inside buildings
• 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.
MIAMI 2001048.2 7743027649
1274109
BILZIN SUMSERG 9AENA PRICE 8, Ax ELROD LLP
Mr. Thomas Vageline
Gil y 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 B. Proctor
o: Roger Carlton, Acting City Manager
Jay Jacobson
Rolando Jaime
MiAMt 2001049,2V43027649
12/4/09
2: BILZIN SUMBERG BAENA PRICE & AX£LROO LLP
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Miami -Dade County. heal Estate Tax Information
Page I of I
Show Me: Real Estate Tax Information
Properly Taxes -.. 11 ax
�. I"" Today's Data: 02/25/2011 Last Update: 02123!2011 Year: 2010
Folio Number. 09 40250260010 SOUTH MIAMI
Search B : Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC
Select Item ;z:a Property Address: 15600 SW 57 AVE D
Detail Tax information:
Mailing information:
RRC 57TH AVENUE LLC
WOOD RED RO LLC
2600 NORTH MILITARY TRAIL 6100
aOCA RATON FL 33431
Legal Description:
FERNWOOD REV P13 35.72
TR 1 LESS 5475.657FT OF W10gFT &
& LESSE150FT OF S15OFT & N132FT
OF S£1 14 OF NE1 /4 OF SE114 LESS
To view $Q10 Tax NO11CP /Memorandum clink here
2010 Taxes are in naid PAR us.
Amounts due are subject to change without notice.
E-mail:
ro tax
miamidade.cov
(305) 270 -4916
Downtown Office:
140 W Flagier St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fri
Related Links:
Tax Collector
Prooerty Aonralser
Florida Skate Dedt of
Leyenue
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Exhibit "E"
htti):/ legvsys. miamidade. gov :If081wwwservlggvt/txcaw0l.dia ?folio= 094025026D010 2/25/2011
Miami -Dade County. Real Estate Tax Information
Page 1 of I
Show Me: 2010 Taxes
Property Tazes _ _ !^� Today's Date: 02/2512011 Last Update: 02123/2011 Year: 2010
Folio Number: 09 40250260010 SOUTH MIAMI
search B : Owner's Name- RRC 57TH AVENUE LLC % WOOD RED RD LLC
Select Item _ R' Property Address: 6600 SW 57 AVE D
Detail Tax Information: To view 2010 Tax Notice /Memorandum click here
Gross Total Taxes:
Ad Valorem 855140.30
Total Gross: 855140.30
2010 Taxes are In paid status.
Payments Applied To 2010 Taxes'
Date Applied RegisterlReceipt Amount Paid
11/29/2010 6012/0001630 820934.69
Amounts due are subject to change without notice.
E -Mail:
ro tax
miamidade c>ov
(305) 270 -4916
Downtown Office:
140 W Fiagier St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fd
)OAM -4:30F
Related Links:
Tax Collector
Property Appraiser
Florida State Dept of
R venue
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0 2002 Miami -Dade County.
Ag rights reserved. F.meg your comments, questions and suggestions to M&13 IM
http: / /egvsys.miamidade.gov :1,608 /wwwsery /ggvt/txcaw02.dia ?folio = 094025026001-0 2/25/2011
first United Ael6dist &A
d56s Red Rocd,'tciol fiotles, tt.33143 (305)661 -1508 !- (as: (305) 667-1504 • email: IOwicbellroulb.ncl
January 23, zoos
Mr. Julian Perez
Planning and Zoning Director
City of South Miami
._ 6130 Sunset Drive
South Miami, Florida 33143
Re: Red Road Commons Property/Project
SW Corner of Read Road and S.W. 66h Street, South Miami
Dear Julian
To fulfill the roguiramcnts of Development Agreement for the Tied Road Commons
project, First United Methodist Church of South Muni has Worked with representatives of Red
Road Commons and reached and agreement on the attached roadway improvements to Red Road
between the Church property and the development parcel. The developer has committed to these
improvements along Red Road, at their expense, for the safety and betterment of the community
and our congregation. Accordingly, First United Methodist Church of South Miami is pleased to
endorse these improvements, and verify that the developer has met the spirit and letter of the
Agreement between parties given that the completion of the project will curtail each of the items
described. I thank the developers and the City of South Miand for the spirit of cooperation,
which undoubtedly will lead to a better community.
Please feel free to contact me should the need arise.
Sincerely,
Thomas . Nelson, Pastor
First United Methodist Church of South NMiami
Cc: Mayor Horace G. Feliu, City of South Miami
Jerry B. Proctor, Esq.
Alexis Stilwell, Chair, Trustees/First UMC of South Miami
Victor Dover
EXHIBIT "F
r
e
RECD ROAD COMMON&
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.
Q. New pedestrian ramps — Levante Avenue and Red Road-'
Improved safety, better handicapped accessibility.
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 t and
Ponce de Leon Boulevard.
MLkW 1457358.1 7743047649
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September 27, 2007
Via band Delivery
Ms. Corina Esquilarose
Facilities Planning, Miamo-Dads County School Board
1450 ME 2 Avenue, Suite 525
Miami, Fi 33130
Re: "Red Road Commons" Development
Property: 6600 and 6640 SW 57 Avenue and 5757 SW 68 Street City of
South Miami
Dear Ms. Esquijarosa:
-- Pursuant to Clause 6 in the attached Development Agreement for the "Red Road
Commons" development, enclosed please find a check to the Miami -Dade County School Board
in the amount of $34,800.00. Please confirm in writing that this payment satisfies the•conditlolt
of the Development Agreement and arty building permit requirements of the School Board on-
this matter.
Thank you for your cooperation.
Sincerely,
Jerry B. Proctor
JBP:id
cc: Jay Jacobson (wlend.)
Tie Jessee (wlend.)
Julian Perez, City of South Miami (wlend.)
EXHXBff "G"
MIAMI 14159633 7743027649
9127107 4:27 PM
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u
This instrument prepared by:
Jerry B. Proctor, EN.
Bil2in Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131 -5340
UNITY OF TITLE
CF" 2407RO3288$s
OR 6k 25446 Pax 0047 - Sit (Sets)
RECORK0 o3nonoO7 Istolval
HARVEY RUVINt CLERK OF WIRT
nIANI -OAOE COO}RY• fLORWA
(5paa Rascrvcd for Cktk ofCouttl
"This Unity of Title made and executed this 2BL!7 day of Pt7_ un)ei, 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 60 Street
Folio No.: 09- 4026 - 026.0010 Folio No.: 094025- 026 -0060
Folio No'.: 094025- 026.0020
Folio No.: 094025-026-0030
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.
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 entirely
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 force and
effect and be binding upon the Owner, thew heirs, successors, personal representatives
and assigns and upon all mortgagees or lessees until'such time as the same may be
released in writing, after approval by resolution passed and adopted by the City
Commission, after public hearing, and executed by the City Manager and City Clerk,
EXHIBIT "H"
briity ofTitle
Page 2
The release of the Unity of Title is contingent upon a cessation of the conditions and /or
criteria which originally required the execution of the subject Unity of Tide.
(Execution Pages Follow)
Unity of Title
Page 3
Signed, witnessed, executed and acknowledged on this �µ day of
wa`� , 2007.
IN WITNESS WHEREOF, RRC 57"' Avenue, LLC has caused these presents to
be signed in its name by its property officials.
WITNESSES: RRC 57th Avenue, LLC
By: University of Miami, a Florida not
for profit corporation, its sole
y member
' OB. J
Print Name L�e Na seAatol l
Titl e: enior vice President far
y� Business and Finance
P int R66me. t p J4 _
STATE OF FLORIDA }
SS:
COUNTY OF MIAMI -DADE ) ,t
f regoing instrument was acknowledged before me this C„�y day of
_ 2007, by Joseph T. Natoli as Senior Vice President for
Busi ss and Finance, of University of Miami, a Florida not for profit corporation, the
sole member of RRC 57th Avenue, a Florida limited liability company, who (rfieck one) (
] are personally known to me or { ✓ ] have produced
as identification. A A
My Commission Expires: Print
NOTARY PUBVC•ST.ITE OF H0140A
pf„W
r 4 Nfelod! M. Smith
`„ ` -• E'Pbu siotn C *l. 110, 20110
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