Res No 010-14-14104RESOLUTION NO. 10-14-14104
Resolution relating to the review and acceptance of the Annual Housing Report of
the RRC 57 Avenue LLC [Red Road Commons], on their mixed-use development
project located at 6700 SW 57 Avenue.
WHEREAS, the owners and operators of the Red Road Commons development, pursuant to the
Development Agreement dated March 29, 2007, between the City of South Miami and RRC 57 Avenue
LLC, is required to submit an annual housing report to the City Manager; and
WHEREAS, the development agreement Section 2f stipulates that a minimum of ten percent
(10%) of the residential on the property will rent to individuals or families in the Moderate Income
Segment of the affordable housing group; and
WHEREAS, as 2013 area median income for Miami-Dade County was $49,000; and
WHEREAS, the December 31, 2013 report delivered to the planning department by Red Road
Commons, shows that 386 units were rented, of which 42 units were rented to individuals or families that
quality within the Moderate Income Segment, according to the report; and
WHEREAS, the Planning Department reviewed the Annual Housing Report and finds that it is in
compliance with the provision of Section 2f of the Development Agreement, based on the data reflected
in the report.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Annual Housing Report for the Red Road Commons development submitted on
January 08, 2014 is hereby accepted by the City Commission for the calendar year 2013 based on the
assumption that the data reflected in the report is correct and without waiving the City's right to
some future date.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this ~j.:day of Janua:rWI4.
ATTEST: APPROVED:
"
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
South Miami
bed
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
i'OTfi
To: The Honorable Mayor and City Commission
Via: Steven 1. Alexander, City Manager
From: Christopher Brimo, AICP (Jij/
Planning Director V
Date: January 21, 2014 ITEM No.
Resolution I'elating to the review and acceptance of the Annual Housing Report of the RRC
57 Avenue LLC [Red Road Commons], on their mixed-use development project located at
6700 SW 57 Avenue.
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
the requirements of the Development Agreement between the City of South Miami and
RRC 57th Avenue LLC, executed March 29, 2007, the developer's legal counsel
submitted their annual rep01i on the Moderate Income H?~~~I1~E~qlli!ement of the
Section 2f of the Agreement stipulates that ..... ten percent (10%) of the units will rent to
individuals or families in the moderate income segment of the affordable housing
group ... ". The 2013 area median income for Miami-Dade County was $49,000.
The propeliy was developed with a total of 404 units. Based on the information provided
by the owners representative, 386 units were leased as of December 31, 2013.
Additionally, the report contains the Affordable Housing Compliance Report for the year
ending December 31, 2013, which indicates that a total of 42 units are currently rented to
individuals and/or families that qualify within the moderate income group. Based on the
total number of units rented as of December 31, 2013, the Development is in compliance
with the provision of Section 2f of the Agreement.
Baclwp Documentation:
• Resolution
• HOllsing Rcport Letter and List of Units
• Development Agreement Dnted March 29, 2007
Z:\Collllllission itcms\20 14\0 1·21-14\RRC 20J 3 Annual Housing Report\RRC Housing Rcport._ eM RCJlort_I-21-20 14.docx
2001
Bilzin Sunlberg
ATTOnNEYS /\T L!\VV
Via Hand Delivery
Mr. Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
-----------1I-.H{e: "Red Road Commons"
Property: 6600 SW 57 Avenue, South Miami, FL
Housing Report
Dear Mr. Alexander:
Jerry B. Proctor, Esq.
Td 305.350.2361
Fax 305.351.2250
jproctor@bilzin.com
January 3, 2014
Our firm represents the owners and operators of the "Red Road Commons" mixed use
development at 6600 SW 57 Avenue (the "Property") in the City of South Miami.
Pursuant to the Development Agreement between the City of South Miami and RRC 5th
Avenue, LLC, a copy of which is enciosed, a minimum of ten percent ('10%) of the residentiai
units on the Property will rent to individuals or families in the Moderate Income Segment of the
Affordable Housing Group. This requirement is contained in paragraph 2f on page 3 of the
Development Agreement.1
Determination of the Moderate Income Segment is made annually through the provision of
the Area Median Income from Miami-Dade County by the United States Department of Housing
and Urban Development. The area median income for Miami-Dade County is $49,000, as
determined by U.S. Housing and Urban Development in Fiscal Year 2013. Moderate income is
defined as those earning between 80% to 120% of the annual median income. Accordingly, the
current income level per unit to comply with the 10% requirement is between $39,200 per year
and $58,800 per year.
Enclosed please find a list of the units where the residents comply with the Moderate
Income Segment and, therefore, qualify the units as such pursuant to the Development
1/ I have also attached an "Amendment to Development Agreement," recorded on March 25, 2010, that did not
amend the housing component of the Development Agreement.
MIAMI 3986320.1 77430/27649
BILZIN SUM BERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-34561,:1 305.374.7580 Ie,,;, 305.374.7593 WW'N.I)i!J..il).COITl
Steven Alexander.
City of South Miami
January 3, 2014
Page 2
Agreement. As of December 31, 2013, 386 units in "Red Road Commons" were rented out;
accordingly, the attached list of units and incomes complies with the 10% requirement.
I trust this submittal complies with the annual housing requirement in the Development
Agreement. Please give me a call if you have any questions.
Sincerely,
JBP: id
c: Maria Menendez, City Clerk, City of South Miami (w/encl.)
Christopher Brimo, AICP, Planning Director, City of South Miami (w/encl.)
Thomas Pepe, Esq., City Attorney, City of South Miami (w/encl.)
Gabriel Fisher, Property Manager, Red Road Commons (w/encl.)
Colleen A. Yeager, Equity Residential (w/encl.)
MIAMI 3986320.1 77430127649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
HUn Dermition
"people with incomes between 80 and 120 percent of the AMI are moderate income."
o State of the Housing Counseling Industry, us Department of Housing and Urban Development r Office of Policy Developme
o http://www.huduser.org/Publications/PDF/hsg_counsel.pdf
Development Agreement
2.f~ 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, len percent (10%) of the units will be sold to individuals or families in the moderate income sagment of the affordable housing group. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short term vacancies. Incomes shall be based on Area Median Income (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 lhe City Manager.
f • ,II. ~.,
1'hi8 instrument prepared under the supervision:
llnd whml recorded l'et(ll'll to:
JOllY n. Prootol', ERg.
Bilzin Sumbvrg BUCllU Price &. AMlrod LLP
200 South Biscayne Boulevurd
SUite 2500
Mi~mi • .Florida 33131·23J6
DEVELOPMENT AGREeMENT
I IlIlU'1111I11111 1l1I'·'IIIf.lIIUUIII-IIII 1111, .
OFN 2007R0328S86
OR Ok '2S494 flSla 0052 ... 72' (21~91i!) RECORD~D 03/30/2007 15~02.~1 HARVEY RUVIN, CLERK Or COURT 'MIAMX~DAOE COUNTY, FLORIDA
(Sp~cc Reserved for Clerk)
This beveJopment Agreement is made a,s of this ~'?l~ day ofMavc,.h, 2007, by <.lnd
bctweel1 The City of SOllth Mt«mi, Florida, II municipal corporation C'Clty") and RRC 57 1h
Avenue, LLC (,'Applicant fl ).
Applicant hereby yoluntarily makes, declares, and imposes on the pl'opetty described
below, this agre<nnent running WiUl the title to the land, w.hich shall be bindlng on and shall inun::
to the benefit of the Applicant, sucoessors and assigns, mortgagees. lessees, and against a1.l
persons clniming by, through, or under them until stich time as this Development Agl'cement
("Development Agreement") is reJeased in writing as here!nl\f~er provided;
WHEREAS, on July 22, 200ft Applicllnt filed an application with the City to rezone the
Properly from TODD (MU-4) (Transit Oriented Development Dist1'ict) to PUD-M (.Planned Unit
Development·Mixed Use), and to obtain site plan approval (th0 "Application"), and
FVHERE'AS. the Florida Local Govcmtncnt Development AgreCl11i;nt Act, set £'ol1h in
sections 163.3220 -163.3243, l<lol'ida St,1tutes, (the "Act") provides rOl' 1he execution of
development agreements to insme that the law in effect at the time of the execution of the
development. agret:Jment shall govern (he development of the lal1d for the dnration of the
l1gree.ment.
NOW, THEREFORE, in. consideration of the covenants, conditions, and promises herein
contained, the receipt Hnd sufficiency of whkh are exprossly acknowledged, Applicant and the
City hereby agree as follows:
MIAMJ 819JIO,J5 7:l26021S;I)
)/29/07
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1. 'Permhwu !Jse{I, Densities. and Intensities. Pursuant to the provisions' of
Chapter 20, Land Development Regulations of the City of South Mlami, the
Property will be improved with the following:
a. tfhere shall be no more th~'1407 residential units on the Property,
b. The Property shall also be developed with retail space find a. leasing office.
c. Development on the Property &hnll not exceed five (5) stories above grade, in
height.
d. Development of the :Property shall be in accordance with the adopted master site
plan on file at the City, including elevations, architectural features, and estlmated
commercial square footage pursuant to Section 20,3M 7, City Code,
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----------~ffL-·, ------,A<\-· -+bWttl*ildrHing pelnllt fht developm:ent-of-tiw-pro,twt-must-be app1ied-forw·~itbhiii....1I--16~------1--
months of the date on which this final development agreement Is signed,
notwithstanding the provisions of LDC Section 20.3.7(i), Expirations of PUD
Approvals.
2. £!l!!lic FMilatics: In order to enbance public facilities ill the City of South
Miami, Applicant agrees to provide services in compliance with Section 20-4.1 of
the Code of the City of South Miami, including:
a. Water and Sewer services that comply with all requirements of Miami-Dade
County fur any building prior to issuance of a final Certificate of Use and
A ____ ~ ....... _ .... __ ~
l,.f\iI.lU~t4w.; y.
b. Solid Waste services that comply with all requirements of Miami-Dade County
for any building prior to issuanoe ofa final Certifioate of Use and Occupanoy,
c. Drainage services that comply with all requirements ofthe Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donato $928;000 In one lump sum as its responsibility for meeting park and
recreation concurrency. Fayment shall be made on or before receipt of tho first
building permit m.ld sha11lnclude any interest 01' oarrying cost incurred by the City
until receipt of the payment, lnterest calculations are indicated Oll attached
Exhibit liB", incorporated herein by reference.
e. Traffic.Applicant will obtain necessary governmental upprovals j and cause to
have placed and operational a separate Jeft~turn> northbound entrance lane on Red
Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on
the Property) prior to the oocupancy of any buildings on the Property. In addition,
Applicant will present plllUS within two (2) years after the recording of tIlis
M1AMl81931O.1S n26021531
3129/07 2
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Development Agreement to govGrnme.ntal atlthorities, including the Florida
Department of Transportation, for beautification of the m.edian area to consist of
curb and gutter Improvements and landscaping in the center of Red Road (SW 57
Avenue) .direotly south of the l"ntersection of Red Road and Ponce de Leol)
Boulevard, Subject to approval of necessilry pormits by govcl'I1mental authorities,
Applicant will pay for find construct th0 bcautiflcaticm improvements.
/: Housing -A requirement often percont (10%) ofthe units will fent to individ\lals
or i'Ul11ilies in the tnoderute income segment of the affordnble housing .group. If
the residential tlllits convert to condominiums, ten percent (l0%) of the units will
be sold to individuals or families in the moderate income segment of th0
affordable hotlsing group. In !:lnalY.ling compliance with this paragraph, the City
shall allow millor deviations resulting from shorHerm vncancies. Incomes shall
be bl\sed 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 am1ual basis shall be provided in writing On or before January J 5 of the
foJlowillg yenl' to the City Manager. In addition, the App.ucant shall make a
payment of $100,000 to the City 011 or before the issuance of the first celtHJcate of
use and occupancy for the development on the Property, to be placed in a City
lnlst fund to assist in the development of low income housing in the Clty's
COml111.1liity Redevelopment Agency area.
3, Taxes: Applicant agrees to pay all taxes to the C.ity of South Miami in an amollnt
cqllal to the anm.wl Operating Millago Rate, If the Propeliy Owner receives an
exemption for payi.ng Operating Millage Taxes from Miami-Dade County, ihc
Property Owner shall contribute an amount eqllfllto the Operating Millage Taxes
to the City of South Miami in nny yoar that such excl1lpt.lon is granted. This
... ~ ... ~p[Q"ija.iOl:LShalLnolu.brogate ... an~coLtJle .. J?rD.perty Owner1srights .. toJlie .. a eals of.
County.
4. Work Force: In an effort to enhance job opportunities for locnl citi7..e.ns,
Applicant agrees to give a prefercnol;) to job applioants l'esiding in South Miami.
Tn order to maximize the pool of applicants from SOUt1l Miami, the Applioant
shall send notice to the Conmlll11ity Rcdcvolopment Agemc), .DirectoI' of the Cily
of South Miami, 01' a substitute deslgllc~ by the Ci~y Manager, pdOI' to 01'
concurrent with the issuance of any (1) bids for construction work on the
Pl'Opctty, (2) bids for temporary or permanent maintemll1ce work on the Property,
or (3) proposals for leasing of retail space on the Property. In relg.wd to
recruitment and employrnel1t, tbe Applicant shall demonstrate that it b<ls tlsed its
best efforts to hire Job appl.1cants from the Cit·y of South Miami, provided s\lch
candidates are qualified for the positions in question. In addition, the AppJlCill1t
shall hire two residents from the eRA district to assist the Applio,\nt in providing
construction services during the period of construction and development of the
Property. Payment for thc:l positions shill! be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
M\AMI819310.1573260215:11
JII.9107 3
5, Site Plan.
a. Applicant shall retain stormwatel' drainage runoff on site ill accordance with City
regu.lations.
b. Applicant shall provide on site seourity. As part of on site security to be provided
by tho Applicant, the AppHcant shall monitor and keep operable tho security gate
to the proposed parking gamge and make arrangements to assure em~l'gcncy
acceSs by public safety vchioles.
c, The entrance at Levl'\nte A YC. shall be signalized and approaches installed based
on approval by MiamI·Dude Cotlnty and the State of Florida Department of
Transportation.
d. The exit tor the driveway onto SW 66 Street shall be designed and operated as a I'
______________ ~_\_7:_l~_~_~~_.t~_~_~_·~_t~_I1_~~_t_;I:_t_oe_t_~t_:6_0_r_:_:r_.e_,:_1;~_s_;_~:I_·6_~_~_~M_10_~._e~_-_~_.~._~ha_' ;_trl_~~_·~_I~_-h_PF_r:_i~_:_~_t:_ f.u_r!'_. _______ ~
c. Applioant shall provide a mjnimlltn of one (l) stop location on site for service b~
the HUfl'yCane shuttle. The shuttle stop locations shall not interfere with SW 57 11
Avenue traffic. All HlIrryCane shuttle pass~l1ger pick-tlPS shall be coordin~ted
with the City of So\\th Miami shuttle pick-LIps to minimize traffic impacts.
f. Applicant shall provide find mail1taill landscaping acceptable to the City between
the FP.L facility and tho garage, Tlw applicant mURt provide a row of 12' high
trees with trunk circumferences not less than 6 inches on th<:l City's prop~rty
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 Soutb
Miami Comnniiiily Coutor slinlJ be ~mlfOj'm in appeHrance and consist of Hoi icl$~
than 25 trees in the row.
g, Applicant s111111 provide and maintain a six· foot high CBS wall between the
project and the remaining service station,
h. Employee parking shall be restrioted to the gamge and. it shall be the devoloper's
or his assign's responsibility to submit with each occupational license proof that
employees are utilizing the assigned parking.
1. Applicant shall provide a mustcr sigl1i\ge phm for project identification, tl'ldl1c,
routing, and retlli.i stores prior to finnl project approval by the Environmental
RwilJw and Preservation BOllrd (BRPB),
j. Applicant sh~l1 Ilmit 011 sito lighting properLy edges to 2 foot-candles of i.ntensity
at at). 18 Inch height. Within six months of project completion the applioal1C is 10
provide a certified report on the mandated illumination level.
k. Applicant is to fissure that the refuse sorvJce areas shall be large enough to
accommodate adequate dumpsters. The final l1'llmber !lnd dimensions of service
MIAMJ 819310.15 73260Z153 I
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areas shall be mandated by tho Environmental Review and 'Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Devel.opment Agreement prior to final approval of the Development Agreement.
All parking and street improvements placed on the public rlght-of:'way on SW 57
A venue by the Applicant shall be maintaiued with funds from a maintenance bond
to be posted prior to penni( isstlal1ce .J1:\ accordance with rules of the Flodda
Department of TI~anSpoliation. Proof of posting of the bond shan be provided to
the City.
Applicant must limit the types ofretail establishments in order to assure that the
1'equired parking does not exoeed the initial retail pal'king allocation in the
adopted master site plan. AppHcant to provide the City an initial parking plan for
retail stores and shall main£Hin the allocated number of spaces for oach occupant,
Applicant shall install all sidewalks as shown on the adopted mastcr site plan,
Applicant shall open up the paseo 011 the northside as shown 011 the amended site
plan, as approved by the Plalming Board, in order to break up the long facade of
the 'residential building.
Applicant an.d the City shaH agree on the number of locatIons of the loading zones
prior to the final appl'oval of the Development Agreement, The dimensions and.
locations of the loading zones shall be attached as an exhibit to the Development
Agreement.'
Applicant understands and agrees that tht> City may elimu1ate the on-street
parking spaces located 011 SW 66 St1'eet.
" . accordance with Condition #5q, )'eqtlirLng removal of on~street parking on SW 66
Street], through a combination of parklug garage~ a small surface lot, and on-site
street parking,
s. The Applicant wi!! commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, oounty and state agencies t.o
devise II plan muttHllJy agreeabJI!l to Applioant and the First United Methodist
Churoh of South Miami, for pedestrian improvements and beautUicution fol' Roll
Road. Applicant will contribute the construction cost of specH1c pt~dcstrial1
enhancements agreed upon by Applicant and the First Ul1ited Methodist Church
of South Miami.
The Applicant wi.ll present plans for tmffic pem1its indicating travel lanes of 10,5
feet on Red Road (SW 57 Avenue) and, if approved, wl11 create an enhanced
"landing %011e" foJ' pcdcstriWIS in the center of Red Road between the Prop<;;rty
and the First United Methodist Church to the east, subject to the approval of
Miami"Dade Couoty and the State of Florida Department of Transportation,
MIAMI 819310.15 7326021531
312<)107 5
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6,
The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P ,M. at a location adjacent to the Property to be selected by the
Planning Director; said location _n:\uy change from time to time.
The Appliount shall obtain approval from the City of a parking plan for
construction workers prior to the issuance of a building permit.
Schools, Tn an effort to fissist public school8 located-wiU1i.n the City, Applicant
voluntarily agrees to donate $34,800 to the Miami-Dade County School Board
("School Board"), to be specifically earmarked for capital impL'ovements at public
schools located in the City. The Applicant's donation shaH be paid upon the
issuance of a Certificllte of US~ and Occupancy for the first residentlal unit on the
Property. Decisions shall be made jointly by th~ City and School Boardl and
funds must be spent within two (2) years of the donation. In the event that no
cnpital improvements can be Iden.tified or agt:eed upon for the oxpenditure of the
funds within the two year period, ihe Appiionnifs donation may be utiiizod to f\md
programs, purohase materials such as additional COnlQuters 01' in ~n manner
that tho Sohool Board and the City detcmllnes will enhltnce the cuniculum and
the students ' attending the subject school's eduoational experience. Ton11s of the
donation and student gencrati~n analysis are contained in the School Impact
Review An~lysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
7. Unity of Title; Applicant shall submit a Unl1y of Tille; pUI'StHlllt to the
requirements of SeotLon 20·3.7(B)(1), City Code.
follows:
8. Vesting, As long as the deVelopment on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the exeClltion of the Development Agreement ns well no
0thel' requirements imposed by the City Commission upon the ratification of the
rezoning or the sito plan approval on the Property, the Prop0rty shalt not be the
s\lbjcct of a downzoni.ng application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, 0)' procedures
enacted by tbe City that limits the development contemplated by this Agreement
and depicted in the Mastel' Plan. Any failure by this Agreement to address a
particular pcnnit, condition, term 01' restriction shaH not reUeve the Applicant of
the necessity, of complying with tlle law governing $aid perruit-ting requirements,
conclltions, terms 01' restrictions.
9. TlUunct 'Fees, The Property shall not be subject to <IllY new impact fees imposed
by tile' City after the adoption of the Resolution approving this Development
Agreement.
MIAMI 819310.15 7326021531
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10. Concurrency and CQnlli$t~!1cX. The Application togeth~r with the Applicant's
performanoe under tlle Development Agreemt:lnt satisfies the concurrency
requirements, as delineated in Section 20·4, l., City Code, By execution of this
Agreement, the City acknowledges that the application fo)' site plan approval
meets aJl cOl1cummcy regulations enumerated in Section 20·4.1 of the City Code,
and that the rezoning and sito plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations,
Additional Requirements:
11. Term of Agreement. The provision.s of this Development Agreement shall
become effective upon its recordation in tho p\\bJic records of Miami·Dade
COUllty, Florida, und shaH continue Ul effect tor a period often (10) years after thl;)
date of such l'eCordlltiol1, after which it mny be extended by mutual oonsent of all
legal lind equitable ownors of the Property, and the City of South Miami upon
approval at a publio hearing.
12. A!1Ul.HlI R~no~t and RevleVl:. It shall be the responsibility of Applicant to Sllbmit
an annual report to the City sufficient to fulfill the requirements as slated in the
provisions of the Act, and Ordinance No. '11-05-1.833, This agreement shall be
rev.iowed annually on the annivel'sf;\ry of the effectivo date of this agreement.
Applicant, or its !\Ssign, shall submit an unmial report nt leasl 30 days prior to the
annuI111'eview date, This report shall contain a section-by·section listing of what
obligations have been nwt and the date finalized, as good faith compliance with
the terms of the agreement. The City Commission shalll'eview the anUllal report
ut a publio 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
,
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.. DeveJorlllentp.Jp'eenlent, the C,ityshall .. pl·()vi~.~. th~f\Pp li?ant withaft~eel1(15) ....
i5t~'~"0"0W'~~:E~;:~~:::~?:?~~"'?'.Ei"'.'"11£':l~1'l:::'''·W.~.(;l:a~~Wl'ttten3·t.nf:)t~~~M5tftppeetttl'1it.'r~o:;;r:SUl'ca~flO5tl~n~l!t1~lin~f%1l!!1~~*1'PiJ~1tll:t%1S?0.:~:3'1~t'.~t'El'!:~:EI·.Ei·:E13':'1'fZ'il
shall have 45 days after ti,e expiration of the 15~day .l1otice petiod to begin to cure
. the 110n-oompliance, nftcr whtch the Agreement may be revoked or modified by i
U the City. The obligation to s~!bmjt an ~.l11mal roport shall conclude upon the date
on which the agreement is terminated.
13. M.!?9.1flcatlon. The provlsions of this Development Agreernent may be amended,
~ddf;ld to, derogated, deI~ted, modij'Jed, 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 PIa)) mllst comply with the !'cgnlatlons fol' amendment to
PUD-M dovelopment contaimJd in Chapter 20 of the City Land Development
Code.
14. Enforcement. The City, its successor 01' assigns, and the Appl.icant, its
successors and assigns, shall huve the right to enforce the provisions of this
Development Agreement. Bnforcement shall be by action (It law or in equity
against any parties 01' persons violating oj' attempting \0 violate any covenants,
either Lo restrain vio Itltion or to recover damages 01' both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs find
MIAMI 819310.15 7:lZ(iOZI531
3/29107 7
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disbursements allowed by law, suoh sum .as the court may adjudge (0 be
reasonable for the servioes of its attorney. Attorney's fees 'payable under this
paragraph shall not exoeed 25% of the .ludgmenl'.
1 5. Inspection. NothIng In this Agreement shaH be construed to waive or limit tho
City's governmental authority as a municipal corporation and political subdivision
of the State ofFloxida, The Applionnt, therefore understands and agrees that any
offioial inspector of the City of South Miami, 01' its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
investigating the use of the premises to determine whether the Property complies
with 'building and zoning regUlations and the conditions herein.
16. Authorization to Withhold Permits and Inspections. In the event the
AppJiO!U1t(S) is/al'c obligated to mllke payments or improvements undel' the terms
of this Development Agreement and such payments are not made as required, o.r
such improvements ate not umue as n~twlxed, in addition to I.l.ny other remedies
available, the City of South Miam.i is hereby authorized to withhold any further
permits 011 the portion of the Property failing to comply with this Development
Agreement, and refuse to grant any inspections, {my approvals, or flny certi ficates
of occupancy with regard to that portion of tho Property until such time this
Development Agreement is complied with.
17. :Repl'cscntntiolls of the Appllc(\ut. Applicant represents to the Cily as follows:
a. The execution, delivery and perfonnence of tl11S oI~ .. greement and al! other.
instruments and agreements executed in connection with this Agreement have
been properly allthol'izod by the Applicant and do not require further approval by
Applicant.
b. This Agreement har! been properly executed,and oonstitutes Applicant's legal,
valld and biudl.llg obligations, enforceable against Applicant in nocordance with
its ten11fi. .
c. There are no actions, suits or proceedings pending or threatened against 01'
affceting Appl.i.cant before any comt or govommcntal agency that would in any
mMerial way affect Applicant's abiUty to perform this Agreement.
d. Applicant shaJ.1 not net in any way whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, c!mcoled or tel'rnlnated, except pUrS\lilllt IQ
its express tenns, and shall take all actions necessary to ensure that this
Agrcemetl~ shall remain ill full force flnd offl;)ct at an times,
c. Applicant hus the financial oapacity to payor Hdvance in the City all fees and
payments as requi.red under this Agreement.
18, Sevcrnbi,litJ!: If any provision of this Development Agreement <)1' the application
thereof to any person 0)' circumstances is h01c1 inva1i.d, prohibited, 01'
unenforceab.le for any reason, this the Development Agreement shall be
MIAMI SJ9~JO.I~ 7326021531
3/29/07 8
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ineffective ol~ly to such extent and the remaining pl'ovisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparation. , This Agreement has beel!1 drafted with the partlcipatioll of
the City and Applicant and thef-r counsel, and shall be constl'ued against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsecti.on contained in this Agreement arc for ease of. reference only and shall
not affect the interpretational meaning of this Agreement. Wb.~never the (en11
"included II is used in this Agreement, it shall mean that the included items or
terms are .included without limitation as tQ any other items or terms which may
fall within the listed category.
ZOo Binding Effect. Tho burdens of this Agreement shall be binding tlpOn, and the
benofits of this agreoment shall inure to, all successors in interest to the parties of
this Agreement.
21. ~aRtlons and Headings.. Paragraph headings are f.or convenience only and
shall not be used to construe 01' interpret this Agreement.
22. Applicable Laws. Jurisdiction, ~nd Venue .. This Agreement shall be gOYemed
by nnd interpreted. construed, and enforced in accordance with the internal laws
ofFlotida without regard to principles of conf1icis of law. This Agreement may
be enfol'ced as provided in Section 163.3243. Florida Statutes. Venue for flny
litigation pertaining to the subject matter hereof shall be exc!u.<;ively in Miami·
Dado County, Florida.
23. Notice~. Any notices or ropolis required by this Agreement shall be sent to the
following:
City Manager
City of South Miami
6130 Sunset Drive
SOllth Miami, Fl. 33J43
Copy to!
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI B19310.15 73260215:11
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For tIle Applicantj
Irma Abella) Esq, .
Genorlll Counsel's Office
University of Miami
1320 South Dixie HighwaYI Suite 150
Coral Gables, PI. 33125
Copy to:
Jerry B, Proctor, Esq.
Bilzin 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 iusist \lPOll the strict
perfonmmoe of any covenant) agreement, term or condition of this Agreement, or
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to exercise any right or remedy consoqllo.n! upon the breach thereof, sbwficlll,--! ______ ---' __
const,itute a waiver of any such breach or any subsequent breaoh of slIch covenant,
agreement, term or condition, No covenant, agreement, tel111, or condition of (his
Agreement and 110 bl'each thereof shall be waived, altered or modified except by
written instrument. No wnivel' of any breach shall affect or alter this Agreement,
but each and every covenant, agreement, teml and condition of this Agreement
shall continue in fhll force and effect w.ith l'espect to any other then existing 01'
subsequent breach thereof,
25. Third Party J~encficiaI'Y" This Agreement is exclusively for the benetit of the
purties hereto and tbeir AftHiates and it may not be enforced by uny party other
than the .partieR to this Agreement nn.d ,<;haJj not give rise to liability to fU1Y' third
party other than the authorized successors and assigns of the parties hereto, .
26. SUI'viva). Any covenant, term or provlsion of this Agree.ment which, in order to
be effeotivo, must survive the t(')rminatiol1 of fhi.s Agreement, shall survive allY
such termination including without limitation, paragraphs 2, 3 and 6 which shall
sUI'vive this Agreement.
27, Periods Q~' Time. Whenever any determination is to be made 01' action is to be
taken on a dato specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in s~lch event stlid date shall be extended to the next
day which is not a. Saturday, Sunday 01' legal holiday.
28, En.tl!:e Agreemellt. This Agreement sets forth the entire agreement betweC'n the
parties hereto with respect to the subjeot miltter hereof. All agreements,
covenants, representations, and warranties, express or Implied, oral or written, of
Uw pm·ties with respect to the s\lbj oct matter her~of are contained herein. No other
agreements. covenunts, repl'csentlltions, or warranties, expr\:lS$ or implied, ora} or
written have been made by any party to tho other wit11 respect to the subject
matter of this Agl'ecl11Clnt. All prior and contemporaneous conversations,
MIAMI819310.J57326021531
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disctlssions, negotiations, possible and a110ged agr~ements and representations,
covenants and wammties with respect to the subject matter hereof, nrc waived,
merged herein and superseded hereby, Eaoh party affinnatively repl'6sents that no
promises have been made to chat party that nre 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 itB behalf,
This Agreement shall not be supplemented, amended or modified bY'any course
of dealing, oourse of performance or uses of trado and may only be amended or
modified by a w1'itten instrument duly executed by officers of both parties.
Counterparts. This Agreement may be executed (including by faCsimile) in one
or morecounterpartlJ, and by the different parties hel'elo in separato countel1:larts,
each of which when executed shall be deemed to be an original but all of which
taken together sball constitute one and the same agreoment.
30, RecOI'datlon. Withll1 20 days after the Development Agreement bas been signed
by both the Applicant and the City, the Applicant shall canse a oopy of the
Development Agreement to be recorded at the Applicant',s expense in the registey
of deeds in Miami-Dade County.
31. EXhibits. All exhibits atta~hed hereto contain additional terms of (his Agreement
and are incorporated herel.n by reference.
32, Effectiveness, This Development Agreement shall become effective after the
approYI~l of the applications for l'czol1lng and site plan approval and the ex.piration
of any appeal period.'l. The approval of the applications for rezoning and site p'lan
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. .. approvalmldofJilcapplicatioILfQl'.appl'ovaLo f.thisDoveiQpment. Agreement,..... ..... .
leW·'W'W$.'2;f~~"3'2:±~c;};'£~S3'1'~C""2H0%W'!·3'1':?,W&"0*0'E':'?""snm14'Ofqye<!()tI1~erfeCffVe4.mffl?fneJjPlrr~onmtomnmUtlmred'cmtGl!tagrewt1PtiwE':2?"*"?""'32,~!f~?::f0:?23'1' '1,,'223'1'£2'3
by the Applicant and the ctty in accordance with Paragraph #2d, If the Park
donation is not estabilshed .in aecOl'dance with Paragraph #2ct, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without l)l'ejudioe by the Appl.icfll1t.
11\ II IN WITNESS WHEREOF, these pres~l1ts h~ve been executed this ~C)~ day of
~_.IV\~V"'Wt l 2007.
MIAMI 819310.15732(\021531
3/20/01 J 1
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l\CKNOWLED.GM]1~~T AND..dCCEPTANC~
BY CITY OF SOUTH MIAMl
KI'/OH' ALL MEN BY nlBSE PRESENTS that
The City of South Miami acknowledges and accepts the foregoing Development
Agreel11cllt and each and all of the terms and provisions contained therein,
_~_~ _____ , dated and attached hereto.
DATED this __ pL day of HtlJfd/lI1-,2007.
City Manager
(AJ.X.EST: \~1~ .GQl'~t~hy-
Ma.tie. M. Menendez (}
7)e forego,ip ins rUnlel1t was acknowledged before me thisciSi~ day of ?!Ja~ 2007 by
'::f.J/.....1UiLe ..s j • ~ , _CZ¥-l!iafJ.4.f.f!.'-.. of the City of South Mlami und attested to by
Mar1aMd0~D~0.~~_ ... , City Clerk, of dle Ci.ty of South Miami who are ( ) personally known
to me or ( ) produced a valid d!iver's license as identification.·
My Commission Expires:
N P bJ ' Marla M. Menendez:
otary u l~ h :_ ~ ~~ Sign Narne:~;_, ( lr ~.J!r;(/I~ ..... l,y ..
Print Name: .. _~~~J'la.M...MIDendez ,
SeriAl No, (None, j,fbIrmk):
[NOTARIAL SEAL)
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IN WITNESS WHE~OF, the undersigned party has agreed to this Deve)opmcnt
Agreement dated as ofthe~ day of Ma.t:Xb ,2007.
w~ %4 ~ m RR9 57TH Avenue, LLC, a Florida
.....,... . M v\ limited liability company
Print Name: ........ rl"'(\ 9.t /." 'ttar:t.tLft By: University of Miami, a Florida non-profit
STATE OF FLORIDA )
) SS;
COUNTY OF MIAMI-DAPE)
corporation, its s em mber
~y:
~ame: Joseph
Title: Senior
and Finallce
ACN4h ~ The foregoing Instrument \-vas acknowledged before me thl§../~ day 0 __ ,
2001, by Joseph T. Natoli, as Senior Vice President for B\lSiness and Finance, of the lversity
of Miami, a Florida non-profit corporation, the Sole Member of RRC Sih Avenue, LLC, a
Florida limited liability company. ~/She i§ per~onally known to ms ot' has produced a State of
driver'~ license as identification,
My Commission Expires:
MIAMr 819310.15 'l3Z60~1531
3128/01
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Serial No. (none, if blank): .
13
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EXBrBITtlN
Legal Description
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 ofthe West 100 feet> and loss 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 Tl'act.
hl'cel2:
The Bast 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, accordb1g to the PInt tl10reof, t~S recorded in Plat Book 35, at Page 72, of the
Public Records of Minrni·Dade County, Florida.
Pm'ceI3:
The North i32 feet of the SE Yt of the NE Y4 of the SE 14 of Soctioll 25, Township 54 South,
Rango 40 East, less the: North 25 feet of the North 132 feet of the SE 0 of the NE V-t of the SE y.j
ofStlctioll 25, Township 54 South, Range 40 East.
1~,\l'ceI4:
Tlmt part of the SE Y4 of tbe NE I~ of the SE Y1 of Section 25, Townsbip 54 South, Range 40 East.,
described as follows:
Begin at the SEcol'llcl'of saId BE ~ of tho NE Y4 of the SE l~j tbence run West along the South
iille of said SE y;, of the NE ii.I of the SE l;4 for a distunce of i8S feet fe)\' a Point of Beginning;
thence run Nortb parallel to the Bast line of said SE y;, of the NB % of the SE y;, for a distance of
150 feet; thence nm West parallel to the South line of said SE '/4 of the NB 'I! ofthe SH 1;1 for II
distnnl\e of 100 feet; tht:l!!ce nm p11!'nlk! to tho ERst line ,of said SE V! oftho;: NE :4 of the SE ~!: for
u distlmce of 150 feet to the Sotlth line pf said SE Vi of I'he NE 1/., of tbe SE \/,,; thence mn Eust
along said South line of the BE Vt of the NE Y4 of the SE y;, fot' a distance of 100 feet to the Point
of Beginning, less the South 25 feet for pub lie road pUl'poses.
Parce~
The North 180 feet of the South 330 feet of the Eust 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 ofMiami-Df.ldc County. Florida .
. PfiJ'QyJ 6:
A portion of Tract I, REVISED PLAT OF .FERNWOOD, according to tho PIa! thereof, [IS
l'ecorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County. Florida,
1110re particularly described as foHows:
Thllt part of the Southeast Quarter of the Northcfist Quar1er of the Sot1theust QIl<lrter of Section
25, Township 54 Sonth) Range 40 East, described flS follows:
Begin at the Souti1enllt c01'l)<;)r of said SQ~ltheast Quarter of Northeast Quarter of Sou.theast
MIAMI 1258979.1 7332426731
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Quarter; thel1ce tun West along the South line of sa.id Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNlNG; thence run NOlth
parallel to East line of said Southeast Q\lalier of NOl'theast Quarter of Southeast Quarter 150 feet;
thence nm West paraLlel to South line of said Sontheast QuartoI' ot Northeast Qnarter of
Southeast Quarter 75 feet; thenco run South parallel to the .East. line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to tbe South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarte!' of Northc.ist Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LBSS the South 25 feet forpubllc road,
MIAMI 1258979.1 733247.6731
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PROPOSED -PARK CONCURRENCY
Red Road Commons
On or before the Issu;:mce of the first building permit for the Project, the '
Appllcant will pay a Park and RecreatIon Conourrency fee (the "Park Fee") to the
City of South Miami (the "City") of $928.000, This payment will, resc;Jrve sufficIent
park concurrency to satisfy the demand of up tq 409 niultl~famJly resIdential units
to be developed on the Property and will be reserved as suoh for as long as'the
"Development·Agreeme.nt" governing the' Project remains In full force and effect. . "
.In addiilon to the Park Fee, the Applicant will pay an interest fee (the
"Interest Fee") 'to the City.for Interest accruing aft~r. the CJ'ty's approval of the
Development Order for the Project on April 9, 2005. If the Interest Fee Is paid on
Oi before November 17,'2006, said Fee·Is $43,173.60. Ift!)e interest Fee Is paid,
between Novernber 18, 2006 and February 17, 2007, saId Fee Is $53,164.20, If
---------t..--h-e-.-ln--.-te-re-s--.-t ... F~ee----.----ls--'--p-a .. id--.b----.etween February 18, 2007 and May 7,2007, said Fee
Is $5B,826.40. If the Ihterest Fee !s paid betvl'een May 18, 2007 r;lnd August 171
2007, saId fee is $64A03',40. If the Interest Fee ls paid between August 18. 2007 "
and"Novomber 17! 2007, said Fee Is $69,895.20. .
MIAMI 1 I 54.595. J 7000060147
-' .... ' ............... ---.. , .............. "" ........ -~.----..--... ........... -, ... -... __ .. __ ............. ..
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1o""REVISEO**
SCHOOL IMPACT ReVIEW ANAl.. YSIS
November 16. 2004
APPLICATION: Red Road Commons
REQUEST: Development under the exIsting TODD (MtJ-4) zonlJ"Ig
ACRSS: 7.09 net aores
LOCATION: 6600 and 6640 SW 67 'h Avenue and 5757 aw 681h Street, South
Miami
NUMBER OF
tJNfTS: 143 units (Current TODD Zoning allows for .296 resIdential units,
Developer Is proposlntJ 409 residential unIts, thus generaiing a net
denaliy Inorease of 143 units)
MSA: . 5.3 ~ 0.20 Multifamily
ESTIMATED
STUDENT
POPULATION: 29 students'll
ELEMENTARY: 13
'M1DDLE: 7 ..
SENIOR: 9
SCHOOLS SERVING AREA OF APPLlCATrON:
ELeMENTARY: Sunset Elementary -5120 S,W. 72 Street
Coral Gables Element~ry -450 Sird RQact
MIDDI..E:
SENIOR HIGH:
G. W. Carver Elementary ~ 238 Grand Avenue
Ponce De Leon Middle -5601 Augusto st.
Coral Gables Senior ~ 450 8frd Rd.
"'Baaed on Can8us 2000 Information provided by Mlami~Dade County Department of
Planning and Zoning.
flNTNW~ld BllS Nd8~:g ~ODB ~I oaa
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The following population and faoliity oapaclty data are as reported by the Office of
lnformatl,on Teohnology. as of S~ptember 2003:
STUDENT FiISH D~SIGN % UTIlIZA110N NUMat::Ror= y. U'l1I..IZATION POPULATION CAPACITY P}SH DESIGN F'OFl.TABl.Ii FISH DSSIGN PERMANaN, CAPACITY STUDI!NT CAPACITY
PERMANI3Nt SiA'l10NS PERMANeNT
ANt)
REI..OOATAaI..e
Coral GublGB 7581 467 162%1 62 143"1<>1 Elementary 762~ 163%" 144%"
Suntlet ElementlilJy 1,0821 734 141%1 208 115%1
1,08S" i48%* 115%"
G, W. C~rvar 6011 41e 144%/ 65 12SW
i;lemaNtmy 605' 144%," 126%-
PQI10~ Da leon 1,f;..12/ 1,226 126%1 198 'W8%/
Middle 1,(}ilO' 126%" 10B%"
3,6091 17S%/ 165%1 Coral Gables Senior 3,a18~ 2,0\;)2 j73%~ 95 165%*
It Inoreased student population as a result of the proposed development
Note.
1) The cumulative affeot of other approved or proposliXf developments tn the vicinity Is not
Inc!uded 8G part of this anta!ye!s.
2) Figures above reflecl1he Impaot of the class ~tze amendment.
3) Pursuant to the Interiooal Agreement, Coral Gables 51~I11Gntary, Sunset Elementary, G. W.
Garver Elementary and Cora! Gables Senior HIQh sohools meet the review thmshold,
ADDITIONAL SCHOOL INf'ORMArlON: The following Information was provideo by
school site personnal or other data sources In October 2003:
!hmsQ! EJeroantaty
Aocess to computers:
Capltallmprov!;)menls since 1990:
Recognition for Academlo Achievement:
Special Prograrfa'3:
Lunoh schedule:
Non-Instruotlonal space utilized for
Instruc110nal purposes:
Taaohem required to float/travel:
OSl.+98BS08
In each classroom and Media Center-
dallyaocess
Cl€lserooms and Media Center
Grade UN
Before-school care, Magnet programs,
enrichment classes and aHar
Begins at 1 0:30a.m, -ends 1 ;00 p.m.
None
Fourteen teaohars
flIHNhf81d 3118
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Com! Gables Elernenta/y
Access to computers:
Oapltallmprovements since 1990:
Recognition for Aoact~mlo Achrevement:
Spec/al Programs:
Lunch schedUle:
Non~fnstructlonar apace utilized for
Instruo1ional purposes;
Teaohers required to floatJtravel:
G, W. Carvar ElementarY
Acc~ss to oomputers:
Capital rmprovE'Pments alncl;) 1990:
SpGclal Programs:
Lunch schedule:
Non~lnstruc1Jonal space utilIzed for
Instructional purposes:
Teaohers reqUired to floaVtravel:
nSt,v98B908
In eaoh claasroom (PK~51h grade),
specl~d computer labe and Media Center
None
uA+~ FlorIda School
After-sohool cars
From 10:25 a.m. to 1 ;00 p,m.
AuditorIum Lobby, ESOL pullout and
CCHl pullout
Spanish S, SpanIsh SL, CCHL. ESOL,
Art. MU$lc
In eaoh olassroom and Media Center
None
After·school tutoring
Begins at 1 0:30a.m. -ends at noon
None
Muslo and Art
·.1
" , r,
Ponce Do Loon MI~S!le
Access to computers:
CapItal Improvements slncs 1990:
Recognition for AoadamlG AchlevGlment
Speolal Programs:
in t7S1ch classroom, In specIal ool'nputer
labs and Meola Center
Classrooms, Art/Muslo Sultee and
Sclenoe Labs
"Bn sohool
Magnet programs and Community and
Vocatronalolasses
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LUrIch schedule: Begins at 11 :30 a,m. ' ----------------~~~lo~~~~~a~oe~u~tllffil~~olad~fu~r~'--------------------------------------------------~I,·----
Instruotional purposes: None
Teach~rs required to floaVtravel:
Access to computers:
Recognition for Academlo Achievement:
SpeCial Programs:
Lunch schedule:
Non~lnstrucllonal ::Jpace u'tUl.zed for
loetructlona\ purposes:
Teachers reqUired to float/travel:
Language Al'ts, ESOL, Math, ScIence
and Geography
In each classroom, In special computer
I~bs and Media center
None
Sterling Challenge
Magnet programs and EnrIchment and
Vocational clasees
Begins at 10:37 a.m.
None
ScIence, Math, BIology, ESE, History,
Language Arta, eSOL, SuslMaa and
Chlldcara
f)l-JrNf.J81d 3.11S
·, 11'r' " . , . OR BK 25496 PG 0072 LAST PAGE:
PLANNED RELIEF SOHOOL.S IN 'tHE AReA (information as of November 2004):
SChOQI ~
Coral Gables SenIor HIgh School Undar design
83()..student stations ~ddltlon
(Olstrlat will remove 310 existing
student stations housed in portables
providing a net Inorease of 520
student oapaolty,)
JRE Lea oonverslon to elementary
(766 student stations) Pra~Plannlng
Ooaupangy Difd,:!
2005·06
2011
OPERATING COST$: Acoordlng to Pln~nclal Affairs. the average coat for K .. 12 grade
students r;lmounts to $5.a33 per student. The total annual operatIng oost for addItional
students residing In this development, If approved t would total $169,167.
CAPITAL COSTS: Based on the State's November 2004 student station cost faotors*,
capital costs for ths estimated additional students to be generated by the proposed
development are!
E'U~MENT ARY
MIDDLE
SENIOR
13 x $ 13A52 :;:: $174,676
7 x $ 10.423 ::: $107,961
{;) x $ 20,409 ~ $183,681
iotal PotentJal Capital Cost $466,518
111I1U 11111111111111111111111111111111111111
CFN 2010R0201072
O~ Bk 27227 Pas lH2 ~ 1491)1 ('If·jlll) r
RECORDED tJ3I25/:mW 09:4t/151 '. HflRVF.Y RUVHh CLERK OF COURT
11Xt'lt1H}AO(; COUNTY I FLORlDA
This instnlmenl preplI,cd under the sllpervlslon:
and whet) recorded return 10;
Jerry B. Proctor, Esq.
Bilzin Sumbcrg Bllena Prlce & Axelrod LLP
:WO South BIscu)'llo Boulevard
Suito 2500
Mlllml, Florid" 33131·2336
AMENDMENT TO
(Space Reserved for CJ~rk)
This Development Agreement is made as of this E~ day of ~, 2010, by and
. between· The. City. .. of .. South .Miami, .. f/toddu,· a· municipaJ. c(')rpomti0R .~IICHyll). and· RRC sih
A venue, LLC ("Applicllnt U).
WHEREAS, Applicant owns the property in the City, in Miami-Dade County, Flolida,
legally desoribed on Exhibit liN', also known liS 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the uPropertyO), and I
WHh"Rh"AS, the City and the Appliormt executed a "DeveJojJment Agreement," rocorded
on Murch 30, 2007 at Official Records Book 25496 Ilt Pages 52·72; and
WHEREAS. the Dew!opment Agreement memorialized responsibilities find commitments
of the City and Ole Applicallt in the development of 8, mixcd"use project on the Property; and
. WllERE'AS, in May, 2007 and September, 2009 the Applicant received approval of minor
modifications to th() development plan for the Property; !jnd
WHER/..,'AS, these minor plan modifioations did not change the responsibilities and
commitments in the Development Agreement; and
WH6REAS) on November 17,2009, the City adopted Ordlnanc(:l #29-09-2021 amending
the Development Agreement to record tlw parking reql.lircments for the contInued development
of the Prop~rty> as adopted in the City's Land Development Code;
Polio Numbers; 09-4025-026-00 I 0
0»-4025·026-0020
09-40'25·026·0030
09·4025-026-0060
Seorr~~gc: 25·54·40
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NOW. THEREFORE. the Development Agl'eement is hereby amendod as follows:
1. A.dditlon to fiectiQu 1,
z.
g. The extonl of .r~t!\n, 9ffioo and r~$tID\rant u~s ~hal) ngt IJ)/'c(;ed) !lud he limileg
bx, tb51 oat?~9It:t of nrovj.mRJ:l!kil1g. Ibe c.1<.-'y"ojomnent tihalLrulli.l.li!x }Yllh tbe
~arkil1g regl.lirements in the LqlliJ DSlveJQRm~!1t Qod\! §,ection 2Q~4.5(8) for ll.[I
retail, office,: ~lld J:cstQU(fU)\ \J.~.
Addition to §cctlon 5,
1'. Appli<:llnt shall pl'Ovloe 1,00) parking sp~ces [whi()h muy be reducod in
acoordnllce with Condition #5g, requiring removal of on-street parking 01) SW 66
Street], through l\ combination of parldng gt'lr!:\ge) II s~'l'lalJ surfaoe lot, and on-site
... ,~t:c.e.t. ~.~~~~!~g. + ... , ~ . . .. . , '" , . .. , ' .. " . . " . , .
*A8..S!fOO\OPQf,20'o2: 958 t!;!taJ nOl'king,aQaces. remain Afior g,ciuotious ~(Jt fortl)
in 5r ilboX<f !lild 11 stlt\ce~ removed fOl qi~lll.!l9~!2GS 121' resigeotial1lUi.!§.i
Ill";! a to!aJ of 67 SRilces remain (Qt' rctalJJoffiQ~{lw!!mlXflnt tlses ..
3. Am\lndmcnt to S(lctioJ) 2~:
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... r:orih~AggII?tl11ti .. ..+..
~0'&~!::,~2;,~~"tt~~¥4o/#iB~~::'1~~>,~{74!:qa:~~f~!:,~~~~~::'t~~i*ktWttfftHr~~'0;:~?\~/.0~mjYf!tie~~~~~~W"fc·f~*'('1'O:%""A,?"A!;~?~~~~~J:~~!~~~~~~~~~~0~~¥t!'~ >~":~~;;:;~
gene~!ll~t~ . :
Vnt'l'w,aI~~aq'19m! . ,
!pW"futut!tQ,*l!r-HlgllW-~.s1}
G(tl'nl1V£tbl£~\ & 2~!%
B£Q~th t'tv0ntle. LtC
M!:,Ey"}aoQQ§on, Director
:Wood Part!ler~
MillO,NOlih Mi\itar~Tntll~JOO
BQCllEllton, FI 33!tU
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4. Wl!!lh) 2,0 days "fler til~ 6me[ldmeut to .R«vQlo!2!n~nt Aw'Qment hM been sjgneQ
b~ bolh the APplloant and the QUy. thl! 6l?lill.w:lt shan CElll S() acopx of the
6mcD.dm~nt t9,j)QvQlQl2ment 8.gree1!lswt tg b~ top~rd~ nl thlt Al21?li canl's eXVQlW~
iii. th~ .rcgi~tty of 9!icg~ In Jr1JJlrni·Ji~flc q:mnty &1 d .bPPllQa."l~ ~hllll."f.,tml~l1 a
£QI1ificd CQPY of the reSlQrgcd Amendms:n1 tQ :Q~:y~lol'lrnent Agre~1nent tQ th~
~E!libl'm.12 reQQtd or to furnisb .n. Ilroitied t~QQt4.wl, QQt1X within 20 g!1)(~
!1\lllifi¢s the v~li.dii~ Qftha Amen~ment to J2'D!ciQPlTJeOl AgrC£lI'O!m,
1"7.ft IN :J!....'NESS WHEREOF, these presents have been executed thIs _LL-day of !!k.t:. ~ 2010.
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KNOW ALL MeN BY THESE PRESENTS that:
Tho City of South Miami acknowledgtls and accepts tht;l fQr~going amendment to the
Development Agreement and each Md all of the temlS and provisions contained therein,
_~ ______ • dated and attached hereto.
DATBD this I~ dnyof f0tvLh -' 20 I O.
ATTEST:
CITY O~l~·.U~ MIAMI
By:_,_1Q(...::..!..,VAtaJ::_~:.......;;=;=-__ ...........
Roger M, C[lrlton
Ac~lng City Manager
···· .. ·· .. · .................. (~~~ .. G .. ~· .......... · .... ·· .......... · .... " ....... " .................. " ............ ",
ffiy CLERK ~r'-
The foregoing instfilm. ent wa~;ed before m. e this nih. day of f!Mb.., 2010 by ~ h.Cwt\\;1() , ~ C; _of the City of So\\t11 Miaw~nd att~stcd to by
~i~j1 ... J1¥tlw.k:L., City Clerk, of t e CHy of South Miami who [Ire ( ) personally known
to me or ( ) prod\wcd a valid driver's llcensc us ldentiflcation.
My CommIssion Bxpjrtl~;
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(NOTARlAL SEAL)
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IN WITNESS W~REOFl t~:d, party has agreed to Ihia Developmont
Agreom~nt otlted us of the day of 2010,
WjtljPsses:
~~
\,\fdnl.N~me: 6i! 'i ( !" $'/" fI ':r~ Ie:. 7
~\~ll~~~j2r
frillt NamoS:fA~~~'\;~~~ ..
STATE OF flLORIDA )
My Commission Expires:
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[NOTARY SEAL]
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EXHIBIT "A"
Legal Description
All of Tract I, of the REVISED PLA r OF FERNWOOD, according to the Plat thereof, as
recorded in P1at Book 35, at Page 72, of the Publio Records of Miami-Dade County, Florida, less
tho South 475,657 feet of tho West 100 feet, and less also the East 150 feet of the South 330 feet,
and loss also the South 125 feet of the West 115 feet of the East 325 feet, and less also the Bust
75 feet of the West 175 feet of the South 125 feet of said Tract.
Pnrce12;
The East 75 feet of the West 175 feet of tho South 125 feet of Tract ]t ofRBVISBD PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in PInt Book 35, at Page 72, of the
Publio Records of Miami-Dade County, Florlda.
Parcel 3;
The North 132 feet of the SE \4 of the NE \4 of the BE \4 of Section 25, Township 54 SOtlth,
Range 40 East, less the North 25 feet of the North] 32 feet of the SE ~ of the NE ~ of the SE !4
of Section 25, Township 54 South, Range 40 East.
, , , ...... , ~~~e~'~; '~f'~;~~ '~E" ~ '~f'~l~~ 'NE"~' of th~' S~ ~'Q'I~~~V~~ti;~ 2';: 1:;~~'~hi~' ~4' S~u't1~: ·R~~'~e ~O East,
described as follows:
Begin at the SB cornel' of said SE y.; of the NE \4 of the SE \4; thence nm West along the South
line of said SE ~ of tllC NE !4 of the SE !4 for !\ distunce of 185 feet for a Point of Beginning;
thence run NOlth parallel to the East line of said SB ~ of the NE \4 of the SE \4 for a distance of
150 feeti thence rtm West pal'allel to the South line of said SE 1,4 of the NE y,j of the SE !4 for a
·d·~staMe·()fl00·f~et'theno ~~~~~l~~~~~~~~~~l ~~~~l~~tJ9~~~.~~~~~?E?E~.!l[!ft!!ft!Z;S~~~~~'!~:;;"jtl1il'!i'~.!l[?el
e 0 S • ~ le 4; ence l1.ln '1st
along said South line of the SE ~ of the NB y,; of the SE Y;; for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public fOtld purposes,
PtlJg el 2;
The North 180 feet ofth~ South 330 feet of the East 150 teet of Tract I, ofREVrsED PLAT OF
FERNWOOD, [loCOI'ding to the PInt therc.':of, as recorded in Plat Book 35, at Page 72) of the
Public Records of Miami"Dade County, Florida,
P!.!t'cS\) 6;
A portion of Tract 1, REVISED PLAT OF FERNWOOD, accol'ding to the Plat thereof, as
recorded !n Plat Book,35, at Page 72, of th~;,~pbi\c Records of Miami-Dade County, Plorida,
more pUl'tlcuJarly desorrbed as follows: : ""
That part of the Southeast QUarte)' of the NOl'fheast QURJ'ter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, descl'1bed as follows:
Begin fit the Southeast cornel' of said Southeast Quolier of Northeast QUlrrter of' Southeast
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L..Af:n PAGE:
Quarter; thence run West along the South line ofsaid Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
pamllel to East line of said Southeast Qual~¢f. O;fIN~rthea8t Quarter of Southeast Quarter 150 fec::t;
thence run West parallel to South U!}6 'O~! 'qaj<\hSoutheast Quarter of Northo!lSt Quarter of
Southeast Quarter 75 feeti thence run South parallel to the Bast line of said Southeast Quarter of
Northeast Quarter of Southeast Qtlarter 150 feet to the South line of said Southeast Quarte,r of
NOl'the£lst Quarter of Southeast Quarter; thenoe East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distfm¢e of 75 feet to the POINT OF
BBGlNNINO, LESS the South 25 feot for public road.
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