2cSouth Miami
N-AmericaClN
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Mem rs of City Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: March 2, 2010 ITEM NO.
Subject:
Annual Affordable Housing Compliance Report required by the Red Road Commons Development
Agreement (Sec. 2f), submitted by Jerry Proctor, Esq. representing project developer, RRC 571H
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.
AFFORDABLE HOUSING COMPLIANCE REPORT
In the Development Agreement certain obligations of the developer were set forth related to
affordable housing in the development. Section (2f) on p. 3 of the attached Development Agreement
requires that 10% of the housing units must be rented as affordable units. In addition the developer
must present annually to the City by January 15, a report demonstrating compliance with the
affordable housing requirement. This report was submitted on January 14, 2010 and is attached.
The actual report is in the form of a two page letter from the developer's attorney Jerry Proctor, Esq.
and a one page summary chart indicating that over 10% (32 units) rented of the 314 units rented to
date are households within the income range determined to be within the income levels defined as
affordable housing for this project. The data chart lists for each rented affordable unit, the number of
bedrooms (unit type), lease holder's annual income, monthly rent, and percent of income spent on
rent.
ADMINISTRATION RECOMMENDATION
The report meets the compliance requirement of the Development Agreement. The additional information
on this summary chart of monthly rents will assist the City in determining future objectives for affordable
housing.
At this time no formal action by the City Commission is required
Attachments: Annual Report Submission 1 -14 -10
Red Road Development Agreement
TJWSAY
X: \Comm Items\2010 \3 -2 -10 \RED Rd Common Housing 2010 Report.doc
BiWn Sumberg
A T T O R N E Y S AT LAW
JAN 14 2010
Via Hand Delivery
Mr. Roger Carlton
Acting City Manager
City of South Miami
__ "�'6130-Stanset -Drive -
South Miami, FL 33143
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
January 11, 2010
Re: 'Red Road Commons:
Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street, South Miami, FL
Housing Report
Dear Mr. Carlton:
Our firm represents Wood Partners ( "Wood "), owners and operators of the 'Red Road
Commons" mixed use development at 6600 -6640 SW 57 Avenue and 5757 SW 68 Street (the
"Property ") in the City of South Miami.
Pursuant to the Development Agreement between the City of South Miami and RRC 57th
- Avenue, LLC (a "Wood" entity), a copy of which is enclosed, a minimum of ten percent (10 %) of
the residential 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.
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 $50,800, as
determined by U.S. Housing and Urban Development in March 2009. (AMI levels are
determined each February or March by HUD) 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 $40,640 per year and $60,900 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
MIAMI 2035502.2 7743027649
1 /11 /10
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bVz!n c^m
Mr. Roger Carlton
City of South Miami
January 11, 2010
Page 2
Agreement. At this writing, 316 units in 'Red Road Commons" are 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,
Jerry . Proctor
c: Thomas Vageline, City of South Miami (w /encl.)
Laurence emgold,-Esq; Citytiorney (w /enc-
-- - - - -__
PJ Jourdin (w /encl.)
Jay Jacobson (w /encl.)
MIAMI 2035502.2 7743027649
1 /11 /10
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
A100
lbetlroom
513012009
5/29/2010
$ 47,270.00
93%
Y
$ 1,279.00
A101
tbedroom
9/10!2009
4/2/2010
$ 51,912.97
102%
Y
$ 1,560.00
A102
IBedroom
511612009
12/$12010
$ 60,000.00
118%
Y
S 1,234.00
A109
Ibedreotn
612012009
5/19/2010
$ 49,000.0
96%
Y
$ 1,466.00
A203
2 bedroom
71512009
7/412010
$ 55,00000
108%
Y
$ 1,548.00
A211
tbedroom
811612009
5/312010
$ 45,000.00
89%
Y
$ 11165.00
A212
lbetlroom
8/1512009
8/14/2010
$ 45,000.00
89%
Y
$ 11165.00
AM
2 bedroom
8/1/2009
5/3112010
$ 60,000.00
118%
Y
$ 1,556.00
A308
2 bedroom
6/1/2009
5/30/2010
$ 53,900.00
108%
Y
$ 1,556.00
8103
lbetlroom
8115/2009
4/14/2010
S 60,188,00
118%
Y
$ 1,54&00
8412
2 bedroom
12/1012009
12/9/2010
$ 48.00.00
94%
Y
$ 1,440.00
8506
linesman,
9/25/2009
9/24/2010
5 60,000.00
118%
Y
$ 1,186.00
8524
2bedroom
9/25/2009
9/24/2010
$ 60,000,00
118%
Y
$ 1,661,00
0109
1 bedroom
12/3012009
12129/2010
$ 52,176.00
103%
Y
S 1,245.00
D306
2bedroom
6/2&'2009
8125/2010
$ 44,729.00
98%
Y
$ 1,679,00
D309
lbetlroom
7/1D/2009
71912010
$ 50,400,00
991/.
Y
$ 1,172.00
0402
lbetlroom
71212009
7/1/2010
$ 51,725.00
102%
Y
$ 1,564.00
0409
1 bedroom
712412009
5/232010
$ 47,445.90
93%
Y
$ 1,179,00
E105
1 be facer
8/8/2009
713012010
S 52,800,00
104%
Y
$ 1,226,00
E288
1 bedroom
8/20/2009
812012010
11 5%400.00
99%
Y
$ 1,226.00
E215
2bedroom
8/8 12009
12/31/2010
$ 60,000.00
9851.
Y
$ 1,23600
E221
1 bedroom
6/1412009
7/31/2010
$ 49,097.00
971k
Y
$ 1,287.00
E321
1 bedroom
8/1812009
8/1412010
$ 59,000.00
116%
Y
$ 1,259,00
E404
2 bedroom
8/17/2009
8176/2010
$ 50,000.00
98%
Y
$ 1,569,00
E421
1 bad.
8/2012009
3/1912010
$ 68,239.0D
116%
Y
$ 1,127.00
E425
1 bedroom
81132009
81612010
$ 47,340.00
93%
Y
$ 1,466.00
E428
l bedroom
820/2009
8/19/2010
$ 60,000.00
118%
Y
$ 1,309.00
6432
lbetlroom
9/17/2009
4/1612010
$ 58,284.00
1161
Y
$ 1,486.00
F201
1 bedroom
1019/2009
4/812070
$ 48,000.00
94%
Y
S 1,156.00
F301
tbedroom
101302009
1029/2010
$ 80,000,00
1185
Y
$ 1,169.00
F302
1 bedroom
1,0 /iD/20D9
10/9/2070
$ 57,998.00
114%
Y
$ 1,15&00
F402
1 bedroom
10/3012009
1013012010
41 59,580.00
1175
Y
$ 1,15&00
General Net..:
HUD Delmifimr
• "people with incomes bebvecn 80 and 120 portent aspire Am11 are moderate Income.*
o Stare ofore, lfoasing Coresseling lndinslry, US Department ofHousing and Urban DevelepmemA Office ofPol /cy Development andResemzd, 2008 Report (September 2008)
o b": / /mv v. liudu ser.org/Publicafions/PDr4isg counsel.pdf
Devatooment Anroema
2.F Housing-A requirement of ten percent (103l) 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 unite will be sold to Individuals or families in the moderate Income segment of the affordable housing group. In analysing comalreme w%t01 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 wriUn9 on or before January 15 of the following year to the City Manager.
I 111 11=11111114111111111411111111 oil
This instrument prepared under the supervision:
and when recorded return to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131 -2336
DEVELOPMENT AGREEMENT
GFH 2007RO328886
OR 8k 25496 Pss 0052 - 72t (21a90
RECORDED 03/3012007 1502:31
HARVEY RUVINr CLERK OF COURT
111011 -DARE CWNTYt FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this rK "— day of MAY( -1, 2007, by and
between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57th
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 shall inure
to the benefit of the 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 owns the property in the City, in Miami -Dade County, Florida,
legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property "), and
WHEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit
Development -Mixed Use), and to obtain site plan approval (the "Application "), and
f3,rHEREAS, the Florida Local Government Development Agreement Act, set forth in
sections 1633220 – 163.3243, Florida Statutes, (the "Act ") provides for the execution of
development agreements to insure that the law in effect at the time of the execution of the
development . agreement shall govern the development of the land for the duration of the
agreement. _
NOW, THEREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
City hereby agree as follows:
M LAM 1819310.15 7326021531
3129/07
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 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 33(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 $928,000 in one lump sum as its responsibility for meeting park and
recreation concurrency. 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 -tum, 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
NAM 819310.15 7326021531 2
U29l07
, r
,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.
Housing — A requirement of ten percent (10 %) of the units will rent to individuals
or families in the moderate income segment of the affordable housing .group. If
the residential units convert to condominiums, ten percent (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 (AMT), 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
__ T._.._ ..
payment of $100,000 tc the City on or before the issuance of ftte fiisfcertif sate 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. Taxes: 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.
4, Work Force: In an effort to enhance job opportunities for local citizens,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
of South Miami, or a substitute designee by the City Manager, prior to or
concurrent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or permanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property. In regard to
recruitment and employment, the Applicant shall demonstrate that it has used its
—best efforts to_hire_job_applicants. from the City of South Miami, provided such
candidates are qualified for the positions in question. In addition, the Applicant
shall hire two residents from the CRA district to assist the Applicant in providing
construction services during the period of construction and development of the
Property. Payment for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
MIAMI 519310.15 7326021531
3/29/07
5. Site Plan.
a. Applicant shall retain stormwater 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 agate to prevent turn
out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday.
e. Applicant shall provide a minimum of one (1) stop location on site for service by
the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57'h
Avenue traffic. All HunyCane 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 service station.
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).
Applicant shall limit on site lighting property edges to 2 foot - candles of intensity
at an 18 inch height. Within six months of project completion the 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
MIAMI 819310.15 7326021531 4
3/29;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 improvements placed on the public right -of -way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
m. 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 as shown.on the amended site
plan, as approved by the Planning Board, in order to break up the long facade of
the tesidential building.
P_ Applicant and the City shall agree on the number of locations of the loading zones
prior to the final approval of the Development 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 may be reduced in
accordance with Condition #5q, requiring removal of on- street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on -site
street parking.
S. The Applicant will commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic permits indicating travel 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 the Property
and the First United Methodist Church to the east, subject to the approval of
Mianni -Dade County and the State of Florida Department of Transportation.
MIAMI 819310.15 7326021531
3129107
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
volwitarily 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
programs, purchase materials (such as additional computers) or in any manner
that the School Board and the City detemiines will enhance the curriculum and
the students' attending the subject school's 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:
8. Vest in . 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 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 the City that limits the development contemplated by this Agreement
and depicted in the Master Plan. Any failure by this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Applicant of
the necessity of complying with the law governing said permitting requirements,
conditions, 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 519310.15 7326021531
329707
10. Concurreney and Consistency. The Application together with the Applicants
performance under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20 -4.1, City Code. By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations,
Additional Requirements:
11. Term of Agreement. The provisions of this Development Agreement shall
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 responsibrhtyof 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 -1533. 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 Commission 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 45 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
the City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is terminated.
13. Modification. The provisions of this Development Agreement may be 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. Enforcement shall be by action at law 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 519310.15 7326021531
3/29/07
disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorney's fees payable under this
paragraph shall not exceed 25% of the judgment.
15. I_nspectlon. 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. Autborization 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
- availeble3-the- City.of-South -Miami is hereby authorized to withhold any further
permits on the portion of the Property failing to comply with this Development
Agreement, and refuse to grant any inspections, 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. Representations 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.
b. 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 proceedings pending or threatened against or
affecting Applicant before any court or governmental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant 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 519310.15 7326021531
3.29107
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 participation 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. Binding 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 trr-construe-or-imerpret 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 Citv:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Copy to:
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI 519310.15 7326021531
3129;07
For the Applicant:
Irma Abella, Esq. .
General Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, FL. 331.25
Copy t0
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, Ft. 33131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or
t(-'exercise - any-ri'gli"r- remedy- consequent- -upon 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 not 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, term or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any
such termination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27. Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date 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.
28. -Fritire-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
the parties with respect to tine 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 819310,15 7326021531 10
3/29107
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 affinnatively 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.
Recordation. Within 20 days after the Development Agreement has been signed
W _ _...
by both the Applicant -and -the City, the-Appieant shall cause a copy o the
Development Agreement to be recorded at the Applicant's expense in the registry
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 42d. 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 bl'I.TNESS WHEREOF, these presents have been executed this o day of
CtV-C," 2007. ;
MIAMI S19310.15 7326021531 11
329107
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein;
dated and attached hereto.
DATED this c2f day of NA6R4AI > 2007.
CITY OF SOUTH MIAMI
$y:
Yvonne -S ler- McKinley..
City Manager
ZT:
LERK—
Maria M. Menendez
STATE OF )
) SS
COUNTY OF )
he foregoing instrument was acknowledged before me this day of IF /� t 2007 by
2 �� (%per / ¢ pr- of the City of South Miami and at
to by
Mar)g—M. Menendez ` , City Clerk, of re City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
Maria M. Menendez
Notary Publicf
Sign Name:
Print Name: J nnada M Menendez
My Commission Expires:
3-,/6 -,dace e
MlAT41 R- 1- 9?+s >:dS_L`,13J_S,ll:1S 7326021531
3/29/07
Serial No. (None, if blank):
[NOTARIAL SEAL)
0A'� % MARIAM.MENENDEZ
�r P My COMMISSION 8 00 271979
fl °R EXPIfiES: Mascn 1a, 2098
1�7 N0AP K NG(6Y)'CX$W ne Y.;y.H:. Ca.
IN WITNESS WHE��OF, the undersigned party has agreed to this Development
Agreement dated as of the day of j1 a_ra. 2007.
W n sses: �(j p�
Print Name: .TiY'it CC 1 t' f 1 g
Print Name:
RRC 57n1 Avenue, LLC, a Florida
limited liability company
By: University of Miami, a Florida non- profit
corporation, its sple member
y, Xtµl
ale: Joseph toli
Title: Senior ice President for Business
and Finance
STATE -OF— FLORIDA
) SS:
COUNTY OF MIAMI -DADE)
The foregoing instrument was acknowledged before me thi�{8-11 day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity
of Miami, a Florida non - profit corporation, the Sole Member of RRC 570' Avenue, LLC, a
Florida limited liability company. Hg /She is personally known to me or has produced a State of
driver's license as identification.
Sign Name:
Print Name:
My Commission Expires:
Serial No. (m
MIAMI 819310.15 7326021531 13
3/28/07
[NOTARY SEAL]
NOTARY PUBLIC -STATE OF FLORIDA
Melody M, Smith
Commission #DDS89801p
OCT. 10,
BONDEOTNRU p77pNfIC BONmNG Co.,1N1-
EXHIBIT "A"
Legal Description
Parcel 1:
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 3:
The North 132 feet of the SE '/4 of the NE '/4 of the SE 1/4 of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet -of the.SE' /4_of the NE '/4 of the SE 1/4
of Section 25, Township 54 South, Range 40 East.
Parcel 4:
That part of the SE %4 of the NE '/4 of the SE '/ of Section 25, Township 54 South, Range 40 East,
described as follows:
Begin at the SE corner of said SE 1/4 of the NE 1/4 of the SE `/4; thence run West along the South
line of said SE '/4 of the NE '/4 of the SE 114 for a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE %4 of the NE' /4 of the SE' /4 for a distance of
150 feet; thence run West parallel to the South line of said SE '/4 of the NE '/4 of the SE '/4 for a
distance of 100 feet; thence run parallel to the East line of said SE '/4 of the NE' /4 of the SE 1/4 for
a distance of 150 feet to the South line of said SE 1/4 of the NE '/4 of the SE '/4; thence run East
along said South line of the SE '/4 of the NE %4 of the SE 114 for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 .feet of Tract 1, of REVISED PLAT OF
FERNWOO.D, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami -Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida,
more particularly described as follows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 1258979.1 7332426731
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence run South parallel to the East. line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
MIAMI 12589793 7332426731
ExHMIT "B„
PROPOSED — PARK CONCURRENCY
Red Road Commons
On or before the issuance of the first building permit for the Project, the
Applicant will pay a Park and Recreation Goneurrencyeee (the ll "reserve sufficient
ent
City of South Miami (the "City ") of $928,000. This pay
park concurrency to satisfy the demand of up to 409 multi- family residential units
to be developed on the Property and will be reserved as such for as long as the
"Development Agreement" governing the Project remains in full force and effect.
In addition to the Park Fee, the Applicant will pay an interest fee (the
"Interest Fee ") to the City.for interest accruing after the City's approval of the
Development Order for the Project on April 9, 2005. If the Interest Fee is paid on
or before November 17,2006, said Fee is $43,173.60. if the Interest Fee is paid
- betweerr Nove.mbeir -18, 2006 -and- .February 17, 2007, said Fee is $53,164.20. If
the Interest Fee is paid between February 18, 2007 and May 17, 2007, said Fee
is $58,826.40. If the Interest Fee is paid between May 18, 2007 and August 17,
2007, said fee is $64,403.40. If the Interest Fee is paid between August 18, 2007
and November 17, 2007, said Fee is $69,895.20.
MIAMI 1154595.1 7000060747
*REVISED"
SCHOOL IMPACT REVIEW ANALYSIS
November 16, 2004
APPLICATION: Red Road Commons
REQUEST: Development under the existing TODD (MU-4) zoning
ACRES: 7.09 net acres
LOCATION: 6600 and 6640 SW 57th Avenue and 5757 SW 68u' Street, South
Miami
NUMBER OF
UNITS: 143 units (Current TODD Zoning allows for 266 residential units.
Developer is proposing 409 residential units, thus generating a net
density increase of 143 units)
MSA: 5.3 = 0.20 Multifarrrily
ESTIMATED
STUDENT
POPULATION: 29 students'
ELEMENTARY: 13
MIDDLE: 7
SENIOR: 9
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Sunset Elementary — 5120 S.W. 72 Street
Coral Gables Elementary — 450 Bird Road
G. W. Carver Elementary — 238 Grand Avenue
MIDDLE: Ponce De Leon Middle — 5801 Augusto St.
SENIOR HIGH: Coral Gables Senior -450 Bird Rd.
`Based on Census 2000 Information provided by Miami -Dade County Department of
Planning and Zoning.
Z•d 09L79669DE SNINNtild 31IS WdabtS bOOZ bI �a0