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2bSouth Miami All- AmericaCitp CITY OF SOUTH MIAMI , I OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City gg� Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: March 2, 2010 ITEM NO. C� 6ib Subject: Annual Report required by the Red Road Commons Development Agreement submitted by Jerry Proctor, Esq. representing project developer, RRC 57th Avenue, LLC. 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 and 2009. The annual report must be submitted 30 days prior to the effective date of the Agreement which is March 29. The City Commission must review the report at a public meeting. ANNUAL REPORT SUBMISSION The 2010 annual report was submitted by the project developer, RRC 57th Avenue, LLC on February 18, 2010. 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 -18 -10 Red Road Development Agreement TJV /SAY X: \Comm Items\2010 \3 -2 -1MIRED Rd Common Housing 2010 Report.doc BRAn Sumberg ATTORNEYS AT LAW Via Hand Delivery I' FEB R��t�ai� February 18, 2010 Mr. Roger Carlton, Acting City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Carlton: Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 305.3513250 jproctor @bilzin.com Re: RRC 57`h Avenue, LLC Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street, City of South Miami Annual Report of Development Agreement This law firm represents the owner, RRC 57th Avenue, LLC ( "Owner ") of the property located at 6600 -6640 S.W. 57th Avenue and 5757 S.W. 68th Street, 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. MIAMI 2058817.1 7743027649 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 2/18/10 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com Page 2 February 18, 2010 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 $50,800. At least 10% of the total units built will be rented to individuals or families with incomes between $40,640 and $60,900 per year. The Owner has established a reporting structure with the City, by which the Owner will ensure compliance with the requirements of Section 2(f) throughout the remainder of the Agreement. A presentation and City Manager's report are scheduled to be heard at the March 2, 2010 City Commission meeting regarding- the° - affordable °housing - requirements in the Agreement. 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. 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 "H" for a copy of the Unity of Title.-- MIAMI 2058817.1 7743027649 2/18/10 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Page 3 February 18, 2010 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, r 'roctor JBP:id cc: Tom Vageline, Planning Director Sandy Youkilis, Planning Consultant Laurence Feingoid; Esq.—Gty-Atto7ney--- -- `'- -m" Jay Jacobson Jim Kelly MIAMI 2058817.1 7743027649 2/18/10 BILZIN SUMBERG BAENA PRICE & AXELROD LLP l lllul lliIN1il i1luai11111111411111111It. GFN 2?%T%O 288136 oR Bk 2544b Fn tto52 - 721 {2lossi RECORDED t13l3 MM? 105F1 31 MA111 -DADS NMMTYt FLMDA 'Nis h>,ctrument prepared under the supervision: and when recorded return ro: Jtrry B. Proctor, Esq. Bilzill Sunibcrg Baena Price & Axelrod LLP 200 South Biscayrn Boulevard Suiu 2500 Miami, Florida 33131 -2336 DEV15LOPMENT AGREEDIENT (Space Reserved for Clerk) This Development Agreement is made as of this day of MAY4i 2007, by and between The City of South Miami, Florida, a municipal corporation ( "City") and RRC 571" Avenue. LLC ( "Applicant'). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on and shalt inure to the benefit of die Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ( "Development Agreement") is released in writing as hereinafter provided; WHEREAS, Applicant ohms the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property ") and lf!lERFAS, on July 22, 20(A Applicant filed an application with the City to rezone the Property from TODD J.MU-4) (Transit Onen"ted Deevetopment- District )-to- PL'D -M- (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, (the "Act ") provides for the execution of development develo(�inent . afire items shah �ovethat thethe developmeneffect oft the time and for the the duration of the agreement, i off' THERF_FORE, in consideration of the covenants, conditions, and promises herein contained, the receipt -and sufficiency- of_whicil are expressly acknowledged, Applicant and the City hereby agree as fellows: WON l S Mid. 15 7.126021531 ""2910' EXHIBIT "A" 1. Permitted Uses Densities, and Intensities, Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property shall also be developed with retail space and a leasing office. C. Development on the Property shall not exceed five (5) stories above grade, in height. d. Development of the Property shall be in accordance with the adopted master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3 -7, City Code. e. Development of the Property shall be in one (1) phase. f. A building permit for development of the project must be applied for within b months of the date on which this final development agreement is signed, notwithstanding the provisions of LDC Section 20- 3.7(1), Expirations of PUD Approvals. 2. Public Facilities: In order to enhance public facilities in the City of South Miami, Applicant agrees to provide services in compliance with Section 204.1 of the Code of the City of South Miami, including: a. Water and Sewer services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. b. Solid Waste services that comply with all requirements of Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy, C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate 5928,000 in one lump sum as its responsibility for meeting park and recreation concurreney. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. Interest calculations are indicated on attached Exhibit "B ", incorporated herein by reference. e. Traffic-Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -tam, northbound entrance lane on Red Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this MAMA 819330.157320011531 3129107 } Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. L Housing - A requirement often percent (10 %) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families in the moderate income segment of the affordable housing group. in analyzing compliance with this paragraph, the City shall allow minor deviations resulting from short-term vacancies. Incomes shall be based on Area Median Income (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 payment of $100,000 to the City on or before the issuance of the first certificate of use and occupancy for the development on the Property, to be placed in a City trust fiord to assist in the development of low income housing in the City's Community Redevelopment Agency area. 3. Taffies; Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Property Owner receives an exemption for paying Operating Millage Taxes from Miami -Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This 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. q, Work Fore e: In an effort to enhance job opportunities for local citizens, Applicanragrces 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 919110.15 735 26021531 YVA17, 5. Site Plan. a. Applicant shall retain stotmwater drainage runoff on site in accordance with City regulations. b. Applicant shall provide on site security. As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to assure emergency access by public safety vehicles. C. The entrance at Levante Ave. shall be signalized and approaches installed based on approval by Miami -Dade County and the State of Florida Department of Transportation. d. The exit for the driveway onto SW 66 Street shall be designed and operated as a right turn out only driveway. The exit shall be closed with a gate to prevent turn out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday. C. Applicant shall provide a minimum of one (1) stop location on site for service bye the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57 Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with 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 FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be uniform in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the ---project and- the -remaining- servicestation.____ h. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. i. Applicant shall provide a master signage plan for project identification, traffic, routing. and retail stores prior to final project approval by the Environmental Review and Preservation Board (ERPB). j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity at an 18 inch height. -Within- six- months.of_prajeel completion toe applicant is to provide a certified report on the mandated illumination level. k. Applicant is to assure that the refuse service areas shall be large enough to accommodate adequate dumpsters. The final number and dimensions of service `1I AN R 193 kb. 15 7526021511 }'29'07 areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. All parking and street improveients 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 10 permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. III, Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. n. Applicant shall install all sidewalks as shown on the adopted master site plan. o. Applicant shall open up the paseo on the north side ;ii sfiow -- n on tfie amen8ed site plan, as approved by the planning Board, in order to break up the long facade of the residential building. P. Applicant and the City shall agree on the number of locations of the loading tortes prior to the final approval of the Development Agreement. The dimensions and locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate the on- street parking spaces located on SW 66 Street. r. Applicant shall provide 1,001 parking spaces [which maybe reduced in accordance with Condition 9#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 the First cost of specific pedestrian agreed upon by Applicant and of South Miami. The Applicant will present plans for traffic permits indicating travel lanes of 10.5 feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced landing zone" for pedestrians in the center of Red Road- between -dhe Property and the First United Methodist Church to the cast, subject to the approval of Miami-Dade County and the State of Florida Department of Transportation. NOW a 19310.15 7326021531 119107 t. The Applicant shall not exceed a noise level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U. The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami -Dade County School Board ( "School .Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund "w ° pmgrams;,purchase- materials -( such- ,as- additional_compluera) 9z— in,any_ manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject seboolis educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows. g, Vesting. As long as the development on the Property is in compliance with this - -Development - Agreementi- and -all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by die City that limits the developmem 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 taw governing said permitting requirements, conditions, terms or restrictions. 9. impact Fees The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. MIAMI 919310.15 7326021331 3x2910? t0. Concurrenev and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 204.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 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: 1l. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period of ten (10) years after the date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. 11 -05 -1833. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The City Cotrunission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to cure the non - compliance. The Applicant shall have 15 days after the expiration of the 15 -day notice period to begin to cure the non - compliance, after which the Agreement may be revoked or modified by die 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. Enforcement. The City, its successor or assigns, and the Applicant, its successors and assigns shall have the right to enforce the provisions of this Development Agreement: Enfdtceme2 shall bcby- 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 MIAMI $19?I(},t5 7326u21� ?I 3129107 disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. Attorney's %es'payable under this paragraph shall not exceed 25% of the judgment. 15. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida.. The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 16. Authorization to Withhold Permits and Inspections. In the event the Applicant(s) is.are obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies -- available: dtrCity So uth-Miamias�herebx. authorized _.to_.- w.ithho151_apX fu t permits on the portion of the Property failing to comply with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the Property until such time this Development Agreement is complied with. 17. Reuresentotions of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Applicant and do not require further approval by Applicant. L This Agreement has been properly executed, and constitutes Applicant's legal, valid and binding obligations, enforceable against Applicant in accordance with its terms. -- c. There are no actions suits or proccedines 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 shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. e. Applicant has the financial capacity to pay or advance in the City all fees and payments as required under this Agreement. 18. Severability. If any provision of this Development Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be MIAMI $1010,15 732021531 Y19107 ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. Joint Preparation, This Agreement has been drafted with the patticipation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items or terms are included without limitation as to any other items or terms which may fall within the listed category. 20. Bindine Effect The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 22. Applicable Laws Jurisdiction, and Venue. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami - Dade County, Florida. 23. 'Notices. Any notices or reports required by this Agreement shall be sent to the following: For the City: City Manager City of South Miami South Miami, R 33143 Copy to Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, P'1.33143 MIAMI 619310.15 7326031531 Y29l07 For the Applicant. Irma Abella, Esq. General Counsel's Office University of Miami 1320 South Dixie Highway, Suite 150 Coral Gables, Fl. 33125 Copy to. Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, Fl. 33131 24. Waivers. No failure or delay by Applicant or the City to insist upon the strict perfbrmance of any covenant, agreement, term or condition of this Agreement, or to exercise any rigb[ or reriieAy cbtisequenr "stptsrt the — breach — thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. Third Party Beneficiary, This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may riot be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 26. Survival. Any covenant, tern or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any - suchtermination including without- limitation,_paragraphs2,_3_and 6 wbi h shall survive this Agreement. 27. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 25. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of ile parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written have been made by any party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, MIAMI 8193 to. IS 73261121531 10 5t29W7 ,discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof; are waived, 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 written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. by both the Applicant and the City, the Applicant shall cause a copy of me Development Agreement to be recorded at the Applicant's expense in the aegistry of deeds in Miami -Dade County, 31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement, shall not become effective until the Park donation is established and agreed upon by the Applicant and the City in accordance with Paragraph #2d. if the Park donation is not established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. IN WITNESS WHEREOF, these presents have been executed this oZc) ts, day of 9Ji GCwCA;1 2007. MIAMI S 193 1a.1$ 732021331 I l 329N7 ACKNOWLEDGMENT AND ACCEPTANCE By CITY OF SOUTH MIAMI KNO WALL MRN BY THESE PRESENTS that•. The City of South Miami acknowledges and accepts the foregoing DeveloptneM Agreement and each and all of the terms and provisions contained therein, dated and attached hereto. DATED this a q . day of 14494#.., 2007. Tr%ST: LERK Maria M. Menendez STA'T'E OF �/pp JJ77) SS -y� COUNTY OF A6i2 ; A2J-' ) to me or ( CITY OF SOUTH City Manager nit was acknowledged before me this day of w1aa 2007 by - - ��- /I/�Y�et.rrof- the- C- ity -of- South-- Miamf. -and. attested to by City Clerk. of the City of South Miami who are( ) personally known a valid driver's license as identification. My Commission Expires: Maria M. Menendez Notary Publi Sign Name: nYY x`a:. ( f Print Name: 'a M Menendez 3-16- a v e e Serial No. (None, if blank): __._- -- [NOTARIAL "S MARIAM. ME14ENDEZ y M comm*=n r ou mare '�an� «wnas:r�..�, ta,zoac MIAMI Sw+:!l -N+ 11aA.1,�.7�2G(t21531 l'2 "` 31 8107 IN WITNESS WHE,. OF, the undersigned party has agreed to this Development Agreement dated as of the *day of MAY_. 2007• W�g sses: n .t._1n.•n ., Wt � D5� RRC 57TM Avenue, LLC, a Florida N y� limited liability company Print Name• Trrn (:4. S elJ-'P' By: University of Miami, a Florida non - profit -corporation, its s e member Y• � JJ�ame: Joseph tali Print Name: �= 141'C 14 Title: Senior ice President for Business and Finance SS: COUNTY OF MIAMI -DADS) The foregoing instrument was acknowledged before me thi day o� 2007, by )osepb T. Natoli, as Senior Vice President for Business and Finance, of of Miami, a Florida non -profit corporation, the Sole Member of RRC 57a' Avenue, LLC, a Florida limited liability company. jig/She is personally known to m% or has produced a State of driver's license as identification. Sign Name: Print Name: m My Commission Expires: T O UBL Serial No. (none, if blank): (NOTARY SEAL) NOTARY pUBUC•STO Oy S�Tr IDII Melody M. `Commisstoo #DDS89811 t.,= Sxpims CCL 10 �h.�0 nma AAA, \•nG BOR00'�0 MIAMI 919310.15732602031 13 328107 Legal Description P cell• AA of Tract 1, of the REVISED PLAT OF ]ORNWOOD, according to the Plat tltereo$ ds recorded in Plat Book 35, at Pago 72, of the Public Records of Maori -Dade County, Florida, less t the Soul 475.657 feet of the West 100 fat, and less also the East 15o,fect of the South 330 fact, and leis also the South 125 foot of the West 175 foot of the Bast 325 feet, and loss also ft )last 1 75 feet of the Meat 175 feet of the South 125 feet of said `iragL j Parcel 2: • • The East 75 feet of the West 175 feet of the South 125 feet of Trad 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as - recorded in Plat Book 35s at Page 72, of ft Public Records of Miami Dade County, Florida. Parcel 3• a The North 132 feet of the SE' /, of the NE '/+ of the SE 1'/+' of• Section •25, Township 54 South, . Range 40 East, lees the North 25 feet of the North 132 feet of the St 1/4 of the NE % of the SEt '/+ I of Section 25, Township 54 Soul, Range 40 East....... I 7 i r I I t f I I Parcel 4: That part of-the SE' /+ of tha NE % of tits SE % of Scot on 25, Tovmship S4 South Range F4 East described as follows: Begin at the'SE comer of said SE %+ of the NE' /+ at the SE 1/4' thence tun \rest along the Souht line of said SE '/, of the NE 1/4 of the SE Y4 for a distant of 185 feet for a Point of • Beginnin'8; ne Noth alll tohe Fllime of said SE' /+ of tho NE /+ of the SE' /+ foi a distane o£ thence 150'feet; thence run West parallel to the South at of said SE 1/4 of the NE '/A of the SE '1 for'.& distance of 100 fat; thence run parallel to the East line of said SE' /+ of the NE ' /+ of the SE' /+ In a distance of 150 fact to the South line of said S8 1/4 of the NE V4 of the SE '/A' thenee'rum Baal along said South line of the SE % of the NF 1/4 of the SE ' /4 for.& distance of 100 fact to ibc Point' of Beginning, less the South 25 fat for public road purposes. . Parcel 5: • _. The Nortli 180 feet of !he South 330 fat of the East 150,feet of Tract 1, of REVISED Pi,AT OF FERNWOOD, eccording to the Plat theroff,-as recoided'm•YIaY Book 35 at -Page 72- ,•ofthe Public Records of Miami -Dade County, Florida. Parcel 6; to the Plat 111=4 *q A portion of Tract 1. REVISED PLAT OF FaNWOOD, aocording recorded in Plat Book 35, at'Page 72, ofthe Public Reeords.of Miami -Dade Connty, Florida, more particularly described as follows: That part of the Sonjoest Quarter of the Northeast Quarter of the Southeast Qustt x of Section 25, Township 54 South, Range 40 East, described as follows: of Southeast Begin at the Southeast corner of said Southeast carter- ofNoitheast..Quaxux . 0 I,ggld7123a979.1933242673E • OR SKf'AG696 PG 0051 LAST Quarter; thence run West along the South line of said Southeast Quarter of NordrAst`Qu! t�r of Southeast Quarto for a distance of 285 foot for POINT OF B�'V�O' thence run 1q%& uartez ofNor'rl�east Quartcrof Southeast Quart= 150 fe04' Parallel to Fast line of said Southeast Q of Nbrklxast Quarter of ' them ran West parallel 10 South line of said 'S to 1he East lint of said Southeast Quarter of Southeast Quarter 75 %et; thence run South parallel Northeast Quarter of Southeast Qu ter' 150 feet to the Soul line of said Southeast Qt1 a of Northeast Quartz of Southeast Quarter, thence or a distance of 7755 feet to the PO%N'i' OF Quarter of Northeast Quarter of Southeast Quarter BBOD O, IMS the South 25 feet for public road. f t , ,t ' )CA)& 125S979.17332426131 No' 91 /�o /V {11 O O O W H N F U w o EXHIBIT 'B" J ^J R� Y CL Gl •fin' O tJ G Ti 11 f z¢¢ m¢o o EXHIBIT 'B" J ^J � �. 2 W - z < � \ \ ;To ) \ / \ _ \( ~ 2 §� � 2 e \ f) # \ y i \ \ j \/ \ j \ \ / \ _ � W9 @ / < { / E ) - -= \ » \ \ �� ^ \j��� \ § %�` < \w )�_ ® • ' � 4 _ � u / . 3 2 / \ \ 3 \\ ƒ)) \§)tea °5 . Ed .00 % � { ° : / \ E 2 / j » ] ) \ \ { / \ \ / / \ \ \ .� � 0 � o. 2 @ - �\ \ \ \ 2 . � .g. c ° « 2. . k( j 2 ". � g§aa \®> . R § . g.% 'Eli ) ° 2 + 5 2 ƒ 2 � g / / g \ ) ± k j j j j \ /// � � � Co k W u < \ \ . ! �? w j ) ; , -Z \�® / e ( 3 2 @ j / • w ¥ wa R w \ � $� ■ j < R k \ \ \ � � � \ \ \/. ) \ / » I @ R, < k ) \ \ k & g 7 « ,!l ! ), G w y < tz § C5 a \ • • ' 2 u t4 )» « /2a> to } \ § � [ \ §) 4 \ \ \ \ ( )606 \ � ) { # § � � � S _ � 9 W - < \� o y \ � m � ^ . � \ \ \ � \ \ �\� \�� \ Li � � d / j , • / \ \ \ \ \ \ \ ) / \ \ » \ \ \ � \ \ Min Sumberg ATTORNEYS AT LAW Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 395.351.2250 iproctor @bilmin.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 ft of retail space and a Leasing Office located in Building E as shown on approved permit drawing set. o Item (c.) The Property was developed with a maximum of 5 stories in height as shown on approved permit drawing set. o Item (d.) The Property was developed in substantial accordance with the adopted master site plan on file at the City, including elevations, architectural features and 1/ 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 "RRC ". Attachments to this letter are marked to correspond with the Item numbers listed in the letter. I have also attached a copy of the recorded Development Agreement. EXHIBIT "C•, MIAMI 2001048.2 7743027649 12/4/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard, Suite 2500, Miami, 'FL 33131 -5340 Tel 305.374.7560 Fax 305.374.7593 a +rc.bilaic.00m 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. o Item (e.) The Property was developed in one Phase. o Item (f.) RRC applied for a building permit within six (6) months of execution of the Development Agreement. 2. Public Facilities: o Item (a.) Water and Sewer asbuilts were issued to Jose Olivo, Public Works Dept., on Wednesday November 19'", 2009. (Transmittal attached), SW 66 and SW 68 street Drainage asbuilts were issued on November 20th, 2009. (Transmittal attached) o Item (b.) Attached is the agreement between Red Road Commons and All Services from Dade County, including service frequency and permitting. o Item (c.) Drainage services were constructed as per approved, permit drawings and inspected by the City of South Miami. o Item (d.) Payment in the amount of $997,895.20 was made to the City of South Miami. A copy of the check is attached. o Item (e.) FDOT plans, permits and record of final inspections from FDOT and MDC were issued to Jose Olivo, Public Works Dept., on November 19th, 2009. (Transmittal attached) o Item (f.) A compliance report will be submitted to the Interim City Manager in January, 2010 as required by the Development Agreement. The initial $100,000 payment to the City was made (copy of check attached). 3. Taxes; No tax exemptions has been filed. Taxes have and will be paid as required. 4. Work Force: .A compliance report will be submitted to the Interim City Manager in January, 2010 as required by the Development Agreement. 5. Site Plan: o Item (a.) Attached is a copy of the FDEP agency permit with records of Inspection. o Item (b.) RRC has secured all building entrances, elevators and gates with FOB key and transponders issued to all residents. Coordination of emergency vehicles has also been taken seriously. RRC has met with the City of South Miami Police MIAMI 2001048.2 7743027649 12/7/09 BILZIN SUMBERG BAENA PRICE & AXELROD 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. • Item (c.) Development attachments were issued to Jose Olivo, Public Works Dept., under Item number 2(e). • Item (d.) The Property was developed with control access gates as shown on _ _approved.permit drawings.sheet-.C51_. (Architectural blow up included for clarity) • Items (e.) Record plan sheet, drawing C5.1 rev. 20 was issued to Jose Olivo, Public Works Dept., on November 19th, 2009. (Transmittal attached). • Items (f.) Record plan sheets per City- approved revision 18 including email dated October 10d', 2008 confirming Landscape lay -out and additions were issued to Jose Olivo, Public Works Dept., on November 19th, 2009. (Transmittal attached) • Item (g.) A six (6) ft tall CBS wall was constructed per city approved plans revision #2. • 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. • Item (I.) Master Signage was provided and approved by the City of South Miami. • Item Q.) A 3`d 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 (I.) No FDOT Maintenance Bond was required. A letter from David Plummer & Associates was issued to Jose Olivo, Public Works Dept., on November 191h, 2009. (Transmittal attached under Item #2a) MIAMI 2001048.2 7743027649 12/4/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Thomas Vageline City of South Miami December 4, 2009 Page 4 o Item (m.) Retail establishment parking has been approved as shown on Permit plan set sheet E -A3.01 revision 14. The allocated number of spaces will be maintained as required by Laramar Communities, LLC. • 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. o Item (p.) Civil drawings C5.1 (rev 20) attached shows a total of 6 Loading Zones as approved by the City of South Miami. o Item (q.) On- Street parking on SW 66 Street was eliminated by the City. Final construction was built per approved City of South Miami Permit drawings. o Item (r: There- are -ttow 958- parking- spaces--serving the- development:— This - total was ratified by City staff and the City Commission as part of the most recent minor plan modification approval and a subsequent ordinance adopted by the City Commission on November 17, 2009. o Item (s.) A letter from David Plummer & Associates was issued to Jose Olivo, Public Works Dept., on November 19", 2009. (Transmittal attached under Item #2a). • Item (t.) City of South Miami will monitor from time to time on a complaint driven basis. This requirement came about because of a rooftop pool /recreational design on top of the parking garage in the original development design and noise concerns about this arrangement by City staff. This design was modified by RRC, and 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. Unity of Title: A Unity of Title for the Property was recorded in 2007. A copy is attached. MIAMI 20010482 7743027649 12/4/09 BILZIN SUMBERG BAENA PRICE & AXELR•D LLP Mr. Thomas Vageline City of South Miami December 4, 2009 Page 5 Thank you for your cooperation. If you have any questions, please give me a call. Sincerely, Jerry B. Proctor JBP: id c: Roger Carlton, Acting City Manager Jay Jacobson Rolando Jaime MIAMI 2001048.2 7743027649 12/4/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP' RBD ROAD PTtUP,t:RT1ES LLC pG oPat'OIgM.W` 7110 NwrtMAo +oPu+l�+� ,lt_.. Salrc 139 AWvj,. GA 3W674M o gcta P70) 931.69!➢ dammry 1& 208 121 5"•'697:89534 Pay:. ...u.+ IhoUSard'89S• dogma and 24 om% /ice ,\ Ad IOUs 815A SUt^lSET DRNE w'oEPOf SOI7YWMWd1. FL 53143 ... _.. .. .... .. .." _e`pD99764520J.. �nnm alw IG06160D227t: 200003 S�4D423�' .• •y.. r 2� Ind 4~ ol EXHIBIT "D" Rage i of Rage t of 1 5thoo1- Board Debt Service State and Other Florida Inland Navigation Dist South Florida Water Mgmt District Evergglades Construction Project Children Trust Authority Miami -Dade County County Wide Operating County Wide Debt Service Library District Fire Rescue Operating Fire Rescue Debt Service Municipal Governing Board South Miami Operating -Dade County, Florida L E ®ERTY TAXES OREM TAXES AND NON-AD VALOREM ASSESSMENTS SOUTH MIAMI 288,490. ., 0.03450 .;..... 288,490 0.53460 288,490 0.08940 288,490 0.50000 288,490. 4.63,790 '. 288,490 6JM5'x0 288,490. 0.38220 286,490 '. 2.78510 288 490 0.04200 , 288,490 4.95260 18,490 ,•EE Save Time. Pay Online, vvwW.miamidade.gov Combined taxes and assessments 2009 REAL ESTATE PROPERTY TAXES 09- 4025- 026 -0060 FOLIO NUMBER 5757 SW 68 ST PROPERTY ADDRESS LEGAL DESCRIPTION 25 54 40 .22 AC M/L FERNWOOD REV PB 35 -72 W75Fr OF E325Fr OF S125FT OF TR 1 LOT SIZE 9583 SQUARE FEET t RETAIN FOR YOUR RECORDS t .. __....._..... .........._ ...,. _ _ __.... ._.. .......... ...._ ..... .............. 1 DETACH HERE ANDI RETURN C THISCI PORTION WITH YOUR PAYMENT 4 09 IIIIiQIINIEIIII�lill�lllilllG��I�ItlIIIII &I2IIII�III�01 Amount if paid$b6 048.148ER 30, 20 Amount if paid y DECEw IMB, 2009 $ b6,111.15 Amount if paid by IANUARY 31, 2010 $ 6,174.15 Amount if paid by FEBRUARY 28, 2010 $ 6,237.15 Amount if paid by MARCH 31, 2010 $ 6,300.15 RRC 57TH AVENUE LLC P/a WOOD RED RD LLC 2600 NORTH MILITARY TRAIL *100 BOCA RATON FL 33431 15 Make checks payable to: Miami -Dade Tax Collector (in U.S' funds drawn on U.S. banks) Please use envelope provided or mail to 140 W. Flagler Street Miami, FL 33130 -1575 '11 1' 1 1 .11.11 1111- /1 111 /1111 1111111 11 /1111 MI 1 EXHIBIT "E" Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Real Estate Tax Information Property Taxes Today's Date: 02/18/2010 Last Update: 02/12/2010 Tax Year: 2009 Folio Number: 09 40250260060 SOUTH MIAMI Search By: Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Select Item Property Address: 5757 SW 68 ST Detail Tax Information: Real Estate Tax Info 2009 - Taxes Prior Years Taxes Due 2009 Ad Valorem 2009 Non -Ad Valorem 2009 Back Assessments 2Q09 Enterprise Folio 2009 - Historical Ab_atemetnts _2010 Quarterll Payments 2009 Tax Notice /Memorandum © 2002 Miami -Dade County. All rights reserved. Mailing Information RRC 57TH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 BOCA RATON FL 33431 Legal Description 25 54 40.22 AC M/L FERNWOOD REV PB 35 -72 W75FT OF E325FT OF S125FT OF TR 1 LOT SIZE 9583 SQUARE FEET E pr, mian. (305) Downi 140 W Rc Miam Offll M To view 2009 Tax Notice /Memorandum click here 1 8:00 a 2009 Taxes aLe inlaid status. - - - - -- - -- -- - -- ERe Amounts we're subject to change without notice. _-_-- _-- - - -_ -- .. _ _-..__.___..____._.__..__. ___..._— ...__._.__._____.___.__ Property IPA Horne I Real _Es(a {e Tax Info I 2009 T3xe; I E6 Years 12Q09 Non -64_V 2009 Back Assessments 1 2009 Enterprise -- Folio I 20p9 Higtpriy_al.Apalamanis 1 2410 Quarivid 2009 Tax.Notipe /Memorand_um M ajni_Dede Homo I V1mg Cur Site I A¢out I Phone Directory I P— rivacy I pisclain it iY E -mail your comments, questions and suggestions to Webmaster http: / /egvsys.miamidade.gov: 1608 /wwwserv/ggvt/txcaw0l.dia ?folio= 0940250260060 2/18/2010 Miami -Dade County, Florida F A L TE PRTY TAXES LOREM TAXES AND NON -AD VALOREM ASSESSMENTS 09- 4025- 026.0030 State and Other Florida Inland Navigation Dist South Florida Water Mgt District Evergglades Construction Project < Childrens Trust Authority Miami -Dade County County Wide Operating County Wide Debt Service Library District ��.. Fire Rescue Operating Fire Rescue Debt Service Municipal Governing Board South Miami Operating SOUTH MIAMI 3D. U.29/VU 379,960 - 0.03450 - - 379;960 379,960 0.53460 379,960 379,960 0.08940 379,960. 379,960 0.50000 379,960 -- 379,960 4.83790 '379,960 379,960 ' ( 0,28500 '.' 379,960 379,960 0.38220': 379,960 379,960. - -` 2618510' ' • - 1379,960 379,960, 0.04200': 379,960 379,960. 4.95260 - 379,960 15r ,•11 13.1 203.13 33.97 189.98' Save Time. Pay Online. www.miamidade.gov Combined taxes and assessments $8,297.69 t RETAIN FOR YOUR RECORDS t .... ... .., _.......... .... __... _. _..__ ....... .. .............. ... ...... ...................... ._...... .. ......... .. ...... ....... 2009 REAL ESTATE 1 DETACH HERE AND RETURN THIS PORTION WITH YOUR PAYMENT 1 PROPERTY TAXES 09- 4025 - 026 -0030 III' II�I�II�II��IiII�IuIIIII�II�I�I�II�II�iI JIVIuICi�II�IIIIII�I�IIu FOLIO NUMBER *01+09+09-4025-026 0030* 5737 SW 68 ST PROPERTY ADDRESS Make Checks Payable t0: LEGAL DESCRIPTION Miami -Dade Tax Collector FERNWOOD REV PS 35-72 W) 001r OF E25OFF OF (in U.S. funds drawn on U.S. banks) St 251r OF TR 1 LOT SITE 12632 SQ FT Please use envelope provided or :. mail to 140 W. Flagler Street - Mia„ptl, FL 33130 -1575 RRC 57TH AVENUE LLC % WOOD RED RD LLCN 2600 NORTH MILITARY TRAIL #100 BOCA RATON FL 33431 Amount if paid by NOVEMBER 30'2009 $7,965. 8 Amount if paid by DECEMBER 31, 2009 $8,04 6 Amount rf paid by JAN— 31, 2010 —$ 8,131.74 Amount if paid by FEEBRUAHY 26, 2010 $8,21 Amount if paid bH 31, 2010 $ 8,297.69 Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Real Estate Tax Information Property Taxes ?s Today's Date: 02/18/2010 Last Update: 02/12/2010 Tax Year:2009 Folio Number: 09 40250260030 SOUTH MIAMI Search By: Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Select Item Property Address: 5737 SW 68 ST Detail Tax Information: Mailing Information : Legal Description Real Estate -Tax Info RRC 57TH AVENUE LLC FERNWOOD REV PB 35 -72 2009 Taxes % WOOD RED RD LLC W10OFT OF E25OFT OF Prior Years Taxes Due 2600 NORTH MILITARY TRAIL #100 S125FT OF TR 1 2009 Ad. Valorem .2009 Non_Ad Valorem BOCA RATON FL 33431 LOT SIZE 12632 SQ FT 2009 Back Assessments 2009 Enter rip se Folio To view 2009 Tax Notice /Memorandum click here 2009_ Historical_Abatements 2009; Taxes are in paid stetus. s 2010 Quarters Payment- 2009 Tax_Notice /Memorandu_rn Amounts due are subject to change without notice. E pn mian (305) Downs 140 W Rc Miam Offit M Rel: Ta Props Florid, Rt Property Tax,Home I Real Estate Tax Info 1200_9_TakQs I PSlor Years 12009 Non -Ad ,V 2009.BackASSessments 12009_Epterpnse Fgiig 2000 Nlstgri4al Akatoments 2010 Quarterl; 2009 Tax NotioolMemorand-um MiamikDa_de ilorag I I.sn9.,9ur..5ite I WWLI POone Diraotory I Pm acy. I Discla_n © 2002 Miami -Dade County. All rights reserved. E -mail your comments, questions and suggestions to V,Lbmaster http: / /egvsys.miamidade.gov: 1608 /wwwserv/ggvt /txcaw0l.dia ?folio= 0940250260030 2/18/2010 2009 Mia i -Da ecou� Florida E E T1( TAXES NOTICE OF AD VAL EM TAXES AND NON AD VALOREM ASSESSMENTS REV':. 09 -4025- 026 -0010 School Board Operating vs School Board Debt Service State and Other Operating Debt Service Municipal Governing Board South Miami Operating SOUTH MIAMI 1.11 7,264,852 Florida Inland Navigation Dist - -, South Florida Water Mgmt District Everglades Construction Project Childrens Trust Authority t it. Miami -Dade -County County Wide Operating 'Co'unty Wide Debt Service Operating Debt Service Municipal Governing Board South Miami Operating SOUTH MIAMI 1.11 7,264,852 0,29700 '- 7,264852 7,264;852 0.03450 7,264,852 - - 250.64 7,264,852 0.53460 7,264,852 3,883.79 7,264,852 0.08940 7,264,852 -. 649.40 7,264,852 0.50000 7,264,852. 3,632.43 7,264,852 4.83790 7,264,852 35,146.63 7,264,85ttr 0.28500 7,264,852 .2,070.46 7,264,852' 0.38220`. 7,264,852 2,776.63 7,264,652 2.16516 7,264,852 15,874.43 7,264,852 0.04200 - 7,264,652 305.12 r »r �n FM1 g 7,264,852 4.95260 7,264,852 35,979.91 -- Save Time. Pay Online. www.miamidade.gov _ _ Combined taxes and assessments$158,652.03 2009 REAL ESTATE PROPERTY TAXES 09 -4025- 026 -0010 FOLIO NUMBER 6600 SW 57 AVE D PROPERTY ADDRESS LE CAL DESCRIPTION FERNWOOD REV PB 35 -72 TR 1 LESS 5475.657FT OF W1 OOFT & E150 OF 5330 & LESS W I75FT OF E325 OF 5125 & NI32FT OF t RETAIN FOR YOUR RECD R OS t i DETACH HERE AND RETURN . THISflp PORTION gpWIT�mlfH YOUR PAYMENT 4 III iII��II�I�II &I� VI I iI I� IIV.III IIIiI I�I �I�II�IY�II OIUII IlI1l @I�III Amount if paid by y NOVEMBER 30.2009 Amount if paid by DECEMBER 31, 2009 $ 153,892.47 Amount if paid by JANUARY 31, 2010 $ 155,478.99 i Amount if paid by FEBRUARY 28, 2010 $ 157,065.51 Amount if paid by MARCH 31, 2010 158,652.03 RRC 57TH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 BOCA RATON FL 33431 Make checks payable to: Miami -Dade Tax Collector (in U.S. funds drawn on U.S. banks) Please use envelope provided or mail to 140 W. Flagler Street Miami, FL 33130 -1575 90033 09402502600100 0015865203 1 /11//11 1001000 1011101 00350 Miami-Dade County. Real Estate Tax Information Page I of I Show Me: Real Estate Tax Information Property Taxes „1 Today's Date: 02/18/2010 Last Update: 02/12/2010 Tax Year: 2009 Folio Number: 09 40250260010 SOUTH MIAMI Search By: Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Select Item Property Address: 660,0 SW 57 AVE D Detail Tax Information: Real Estate Tax Info 2009 Taxes Prior Years Taxes Due 2009 &d YaJI pre� In 2009 NkLn-Ac ci-Valorem 2009 Back Assessments 2009 Enterprise Ise Folio -- 2009±Jjs,t_orlqq_1_Ab_ate_ments 2010 QupaAeLly-Payments � �69'T1K.RptJce1Memorpndqm 2002 Miami-Dade County. All rights reserved. Mailing Information RRC 57TH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #1 00 BOCA RATON FL 33431 Legal Description : FERNWOOD REV PB 35-72 TR 1 LESS S475.657FT OF W1 OOFT E150 OF S330 & LESS W175FT OF E325 OF S125 & N132FT OF E pr, Imarr (305) DOWN 140 W Rc Miam ffok A To view 2009 Tax Notice /Memorandum -click here 8:00 a 2009 Taxer arej aid s atus. Reh Ta --------- -- - Pro, ( p( Amounts due are subject to change without notice. Florid, Property, Tax -Taxes I Prior 1 2009 Non- V Home I Real Estate Tax Into I ZQ09 Prior 2009BaiLkAspeasmem_s I MQ9JEM?rpclsq_EqI[Q 2_00_9±1!s_tQrJCP1Abeft_mPms 12-0.10,C441tet): 2009 -Tax ol ran m , _TiL_N_ _ ma qq__ Miami_Dade_Hom I Us —Our -Site I Mout-I Phone Directory. I Pfi\1?CY I 9AIP29110 E-mail your comments, questions and suggestions to W—ebm-as—ter http://egvsys.miamidade.gov: 1608/wwwserv/ggvt/txcawol.dia?folio=0940250260010 2/18/2010 Miami -Dade County, Florida L E PROPERTY TAXES NOTICE OF 2009A OREM TAXES AND NON -AD VALOREM ASSESSMENTS 09- 4025. 026 -0020 MailidsAddress. i, State and Other Florida Inland. Navigation D,ist.._ South Florida Water Mgant District Everglades Construction Project Children Trust Authority Miami -Dade County ' County Wide Operating ,'. County Wide Debt Service Library District S Fire Rescue Operating Fire Rescue Debt Service Municipal Governing Board South Miami Operating SOUTH MIAMI ,729;210. . 729,210 729,210 729,210 729,210 729,210 729,210 729,210 729,210 729,210 1.11 0.03450 729,210. 25.16 0.53460 729,210 389.84 0.08940 729,210 65.19 0.50000 .; 729,210 364.61 'n azvon �Yzoo vn ,. zs��aei. 1 Save Time. Pay online. www.miamidade.gov Combined taxes and assessments $15,924.73 2009 REAL ESTATE PROPERTY TAXES 09- 4025- 026 -0020 FOLIO NUMBER PROPERTY ADDRESS LEGAL DESCRIPTION 25 54 40 62 AC M(L FERNWOOD REV P835.72 E15OFT OF NI SOFT OF S330FT TRACT 1 LESS PORT LYG IN RIW RRC 57TH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 BOCA RATON FL 33431 Make checks payable to: Miami -Dade Tax Collector (in U.S. funds drawn on U.S. banks) Please use envelope provided or mail to 140 W. Flagler Street Miami, FL 33130.1575 Malmo 'EMBER 30, 2009 1.74 Amount if paid by DECEMBER 31, 2009 $ 15,446.99 Amount if paid by JANUARY 31, 2010 $ 15,606.24 Amount if paid by FEBRUARY 28, 2010 $ 15,765.48 Amount if paid by MARCH 31, 2010 P$115,924.73 90033 09402502600200 0001592473 00000101 0000001 0000000 00350 Miami -Dade County. Real Estate Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item w Detail Tax Information: Real Estate Tax Info 2.0.09 Taxes Prior Years Taxes Due 2009 Ad Valorem 2009 Non -Ad Valorem 2009 Back Assessments 2009 Enterprise Folio 2009_ Historical Abatements 2010.Quarterl moments Z009-Tax Notice /Memorandum © 2002 Miami -Dade County. All rights reserved. Real Estate Tax Information Today's Date: 02/18/2010 Last Update: 02/12/2010 Year: 2009 Folio Number: 09 40250260020 SOUTH MIAMI Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Property Address: Mailing Information RRC 5TTH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 BOLA RATON FL 33431 Legal Description 25 54 40.62 AC M/L FERNWOOD REV PB 35 -72 E150FT OF N180FT OF S330FT TRACT 1 LESS PORT LYG IN RAW To view 2009 Tax Notice /Memorandum click here Amounts due are subject to change without notice, E P9 mian .._............ (305) Downi 140 W Rc Miam Offil M Reh Ta Prop( Florid, Rt _P_roperty_Ta1.c,Hgtpa I Real. Estate Tax Into 1 2009 Taxes I Prior Years 12009,Non -Ad V 2009 Back Aspessme0ts l 2009 Enterprise polio 2.009.HIStori_oei Abatements (2010 Quarted: 2909 Zax „Notice /Memprandum M iar ii-DBde Home l Using Our Site I About _I Phone nirectory I Privacy I Disdain E -mail your comments, questions and suggestions to Webmastet bttp:Hegvsys.miamidade.gov: 1608 /wwwserv/ggvt/txcaw0l.dia ?folio= 0940250260020 2/18/2010 4• w, fk First United MUM Church of Soufh Mimmi January 23, 2008 Mr. Julian Perez Planning and Zoning Director City of South Miami 6130 Sunset Drive — South Miami, Florida 33143 Re: Red Road Commons Property/Projeet SW Comer of Read Road and S.W. 6e Street, South Miami Dear Julian To fulfill the requirements of the Development Agreement for the Red Road Commons project, First United Methodist Church of South Miami 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 entail each of the items descn'bed. I thank the developers and the City of South Miami for the spirit of cooperation, which undoubtedly will lead to a better community. Please feel free to contact me should the need arise. Sincerely, IVG� Thomas . Nelson, Pastor First United Methodist Church of South Miami Cc: Mayor Horace G. Feliu, City of South Miami Jerry B. Proctor, Esq. Alexis Stilwell, Chair, Tmstees/FirA UMC of South Miami Victor Dover EXHIBIT "F" r i RED ROAb COMMONS Red Road Improvements �. Push -butt on "all pedestrian" crosswalk signal -phase on Red Road at Levante Avenue. 2. Better street striping — pedestrian crosswalk between Church and project. 3. Better pedestrian signals with countdown features. 4. New pedestrian ramps — Levante Avenue and Red Road- improved safety, better handicapped accessibility. _. 5. Shorter pedestrian crossing distance. g. Additional curbing /sidewalk area on east side of Red Road at Levante Avenue. 7. Landscaped Median on Red Road between US 1 and Ponce de Leon Boulevard. MIAMI 1457358.1 7743029549 1716708 4:39 PM . U C-P B ilzin Sumberg ATTORNEYS AT LAP Jerry prod ',ErIM lei 305.3E023M fex 305.3512250 September 27, 2007 Via Nan_ d Defiven Ms. Conna Esqutg rosa Miami Dade County School Board Facilities Plannin 1450 NE 2 Avenue, Suite 525 Miami, F133130 Re: - -Red Road Commons" Development Property: 6800 and 6640 SW 57 Avenue and 5757 SW 83 Street. City of South Miami Dear Ms. Esquijarosa: Pursuant to Clause 6 in the attached Development Agreement for the "Red Road payment satisfies the condition Commons" development, enclosed please find a check to the Miami-Dade County School Boa of he Devoelopmeni Agreementland any building pear it that equiremennts Of the School Board on in the this matter. Thank you for your cooperation- Sincerely. Jam' errrrryy B. Proctor JBP:id CC; Jay Jacobson (wlend.) Tia Jessee (wlend.) Julian Perez. City of South Miami (wfend') EXHIBIT "G,. MIAM11415963.1 7743027649 9/27107 4:27 PM AAOW& ORIOE 6 AXELROO LLP +jicbF:GECaRGU`N�: ; 4 .HECK MO. + •. '.:40LAi'1: ;i;.'•;; ` . i u•000000060d' ':06 3000 2 2 71:2fl000 3 50 409 2 9l" This instrument prepared by: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard, Suite 2500 Miami, Florida 33131 -5340 UNITY OF TITLE 11111111111111 1111111111111111111111111111111 CFH 2007RO328885 OR Pk 25496 Pas W47 - 519 (5va8) RECORDED 03/30/2007 15t02t31 HARVEY RUVI16 CLERK OF COURT MAhI -DARE COUHTYr FLt) DA (Space Reserved for Clerk of Court) This Unity -of Title_made and executed this day of iO4tldtl 2007, by RRC 57'" Avenue, LLC, a Florida limited liability company. WHEREAS, the undersigned is the Owner of that property described as: 6600 -6640 SW 57 Avenue Folio No.: 09- 4025 - 026 -0010 Folio No.: 09-4025 -026 -0020 Folio No.: 09 -4025- 026 -0030 and 5757 SW 68 Street Folio No.: 09- 4025 -026 -0060 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 entirety as one plat or parcel of land. Owner further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land and may be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, their 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" Onity of Title 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 Title. [Execution Pages Follow] Unity of Title Page 3 w. Signed, witnessed, executed and acknowledged on this day of merAl , 2007. IN WITNESS WHEREOF, RRC 571 Avenue, LLC has caused these presents to be signed in its name by its property officials. WITNESSES: Go STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) RRC 574" Avenue, LLC By- University of Miami, a Florida not for profit corporation, its sole member By: i' i Nam sephT. atoli Title: enior Vice President for Business and Finance T f regoing instrument was acknowledged before me this c day of 2007, by Joseph T. Natoli as Senior Vice President for Busj ess and Finance, of University of Miami, a Florida not for pro fd corporation, the sole member of RRC 57th Avenue, a Florida limited liability com any, who (check one) [ I are personally known to me or ( �j have produced My Commission Expires: t4oTARY PUBL!C•S":'.'rE OF FWO')A tee- "�• Melody M. Smith ;Comm sswn k DDS89811 `+ « „o Expires = 10, 2010 3 801+DEDTIRU A'M \"nC BONDING'CQ aC