2bSouth Miami
11II-AmericaCi1v
CITY OF SOUTH MIAMI 1 IIR
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Memb s of t ity Commission
Via: Roger M. Carlton, Acting City Manager
Laurence Feingold, City Attorney
From: Thomas J. Vageline, Director :
Planning and Zoning Departmen
Date: April 6, 2010 REVISED REPORT 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 57t1'
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.
VERIFICATION OF UNITS
At the suggestion of the City's Affordable Housing Committee the City Commission requested the
developer to verify that the affordable units were occupied by eligible households. At the March 2,
2010 City Commission meeting the developer felt that the rental documents including income tax
forms could not be turned over to the City but that he would welcome examination of the files in the
leasing office by City personnel. The submitted list of the units occupied by affordable housing
households was verified by Planning and Zoning Department staff (Tom Vageline, Director, and
Sanford Youkilis, Consultant) at the Red Road Commons leasing office on March 23, 2010. The
rental file of each unit listed was examined to determine if the household income threshold did not
exceed the maximum limit defined as affordable.
UPDATED REPORT
The required affordable housing annual report is in the form of an updated two page letter from the
developer's attorney Jerry Proctor, Esq. and a one page summary chart. The updated total after the
2
March 23, 2010 verification session indicated that 35 units of the 314 units (10% +) rented to date are
households within the income range determined to be within the income levels defined as affordable
housing for this project. The attached updated 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 developer has been
advised that the affordable housing commitment of five more units (based upon 10% of the 404 units)
must be met before the development is completely rented. The developer has agreed to this and will report
actual percentages with documentation in a subsequent annual Affordable Housing Report.
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: Updated letterfrom.1. Proctor3 -29 -10
Annual Report Submission 1 -14 -10
Red Road Commons Development Agreement
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Bilzin Su
mberg
ATT; Pd N-YL> �x
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin,com
March 29, 2010
Via Hand Delivery
Mr. Roger Carlton
Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
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 57`"
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. (AM] 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
gg6�ppx~�
MIAMI 2035502.3 7743027649 1"IHIi 3 Q 2.l 4,`
3/29/10 ;la
BILZIN SUMBERG BAENA PRICE & AXELROD LLP � T�a'{�'1ilV^!6`�VG r 1°lu'v' "
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 To! 305.374.7580 Ftix 305.374.7593 CUM
Mr. Roger Carlton
City of South Miami
March 29, 2010
Page 2
Agreement. At this writing, 314 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,
Je . Proctor
c: Thomas Vageline, City of South Miami (w /encl.)
Laurence Feingold, Esq, City Attorney (w /encl.)
PJ Jourdin (w /encl.)
Jay Jacobson (w /encl.)
MIAMI 2035502.3 7743027649
3/29/!0
. BILZIN SUMBERG BAENA PRICE & AXELROD LLP
B&jn Sumberg
ATTORNEYS AT LAW
JAN 14 2010
Via Hand Delivery
Mr. Roger Carlton
Acting City Manager
City of South Miami
_- ""613D-SunseYDrive'-_
South Miami, FL 33143
Jerry S. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @biixin.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_enciosed, 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 81 Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bft.in com
Mr. Roger Carlton
City of South Miami
January 11, 2010
Page 2
Agreement. At this writing, 315 units in "Red Road Commons" are rented out; accordingly, the
attached list of units and incomes complies with the 10% requirement.
1 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 Vageiine, City of South Miami
PJ Jourdin (w /encl.)
Jay Jacobson (w /encl.)
MM Mi 2035502.2 7743027649
1 /11 /I0
BILZ.IN SUMBERG BAENA PRICE & AXELROD LLP
This instrument prepared under ttre supervision:
and when recorded retuna to:
Jerry B. Proctor, Esq.
Bilznt Swvberg Daena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Mianu, Florida 33131 -2336
DEVELOPMENT AGREEMENT
CFM 2007RO328886
OR Bk 2546 Pss 0052 - 72e (2lossi
RECORDED 03/30/2007 15/02331
HARVEY RUVIHf CLERK OF COURT
MIAMI -DADS COUHTYt FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this al_11�-- day ofAAaYC41, 2007, by and
between The City of South. Miami, Florida, a municipal corporation ( "City ") and RRC 57`f
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;
TMERF. -15, Applicant opens Cite 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
J,V11TRF,4S, 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
TTHER6aS, 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 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.
NOUi TFIk:REFORF_, 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:
MI.A \MI 519310.15 7326021531
3129107 E),MIBIT "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 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 33(i), 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 -turn, 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
MLkK 819310.15 7326021531
3/29!07
P
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 (I 00A) 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 turd 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 'fund to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
Taxes: Applicant agrees to pay all takes 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.
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 resident's 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 S 19310.15 7326021531 3
3/29/07
5. Site Plan.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
reaulations.
ti: 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.
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"i
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 Cotnnunity Center. The row of
trees to be located on the City's property between the FPL facility and the South
Miami Conununity Center shall be uniform in appearance and consist of not less
than 25 trees in the row,
.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).
j. 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
M IAIV118193,10.15 7326021531 4
312WOi
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.
I. 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.
nt. 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 oil 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' residential 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 pen-nits 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
Miami -Dade County and the State of Florida Department of Transportation.
iM I AM 1 S 193, I O. I i 7726031531
129e(17
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. h1 an effort to assist public schools located within the City, Applicant
voluntarily agrees to donate $34,900 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 detenni,nes will enhance the curriculum and
the students' attending the subject schools educational experience. Terms of the
donation and student generation analysis are contained in the School hnpact
Review Analysis dated November 16, 2004, attached to this Development
Agreeient 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:
S. Vestina. 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.
MIAM1 519310.15 73260' 1531
3!29/07
10. C_oncurrencv and Consistency. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurreney
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 tine 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. i t -05 -1833. This agreement shall be
reviewed annually, oil 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
oblieations 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. Nlodification. 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. 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
N29/(j7
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. Inspectio.n. 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; the City of South Miami is hereby authorized to withhold any further
pemuits 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 perfonnance 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 torms.
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 terns, 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
M IANt1 SII3I0.!i'3 ?fie ?iii!
31;9 %U7
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 terns
"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 to construe or interpret this Agreement.
21 Applicable Laws Jurisdiction. and Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal taws
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.
Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the City:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl, 33143
Copt/ to:
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, Ft. 33143 _
MIAMI 819310.15 7326021531 9
3;29;07
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, FI. 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
to exercise any right or 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 tennination of this Agreement, shall survive anv
such tennination including without limitation, paragraphs 2, 3 and 6 which shall
survive this Agreement.
27. Periods of "rime. 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. 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
the parties with respect to the subject matter hereof are contained herein. No other
agreements, covenants, representations, or warranties, express or irnplied, 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 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 satire agreement.
30. Recordation. Within 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant shall. cause a copy of the
Development Agreement to be recorded at the Applicant's expense in 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 #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.
ZN WITHESS IYHEREOF, these presents have been executed this c;t day of
1�l0,MAI _,2007.
.VuAM IS I93K).15 7326021511 11
129W
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNO PY ALL MIEN 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 ') a
- a I day of �, 2007.
CITY OF SOUTH IVIIAN11
By: _nl
Yvom7e S ter- McKin]ey
City Manager
F A.T,T.EST:
``GLTYCLERK
Maria M. Menendez
STATE
A ) SS
COUNTY O'f )
The foregoing instrument was acknowledged before me this day of 2007 by
C,,74y/ e "i'e of the City of South Miami and attested to by
Mana_M. Menendez City Clerk, of (he City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
My Commission Expires:
v1a0
M IAi41 i, i 7326021531
3.'28/07
Notary Publi Maria M. Menendez
c,^ —:_�_
Sign Name:
Print Name: �--1 Maria M. Menendez
Serial No. (None, i.fblank):
(NOTARL,kL SEAL)
$�'� �'°k tvtARIA.M. Mc'iJENt7E2
:,s mrcotaMlssroNU ooe�is ;s
ur n� exP!kas: n +n�, ta, xus
18T.vas:) +.,'}'v F: M^tcw:4cc¢rt �c:r,w
1 _.
1N WITNESS WHEREOF, the undersigned party has agreed to this Development
Agreement dated as of the,22Tday of J!A _Y f%_, 2007.
ITRI M
RRC 57" Avenue, LLC, a Florida
limited liability company
By: University of Miami, a Florida non - profit
corporation, its s e member
Y; .- u9
ame: Joseph atoli
Title: Seniors ice President for Business
and Finance
STATE OF FLORIDA ),
) SS:
COUNTY OF MIAMI -DADE)
The foregoing instrument was acknowledged before me thi3✓1 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 57'h 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: Oi
Serial No. (none, if blank):
tNOTARY SEAL]
NOTARY puBUCSTATE OF FLORIDA
Melody M. Smith
Commjssioz # DD589811
`. ' Fapires: Oa, 10, 2010
BOtiDFD'rNxe',,,,NTiC BONDING CO., INC.
MIAMI 819310.15 7326021531 13
728!07
i
MMMIT "Alt
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 $oath 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
FE,I*C)OD, according to the flat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records ofMiami-Dade County; Florida.
Parcel 3:
a i The North 132 feet of the SE %4 Of the NE %4 Of the SE '/4 of Section 25, Township 54 Soixih,
Range 40 East, less the North 25 feet of the North 132 feet of the SE Y44 of the NE '% of the SE '/,
of Section 25, Township 54 South, Range 40 East.
7
Parcel 4:
That part ofthe SB %4 of the NE ' %4 o£thd SE %4 of Section 25, Township 54 South, Range 40 East,
described as follows:
Begin at the'SE corner of said SE %4 of the NE' /4 of the SE '/4; thence run West along the South
line of said SE '/+ of the NE '/4. of the SE V4 for a distance of 185 feet for a Point of Beginning;
thence rnn North parallel to. the Fast line of said SE '14 of the NE 1/4 of 'the SE 1/4 for a distance or
150 'feet; thence ran West parallel to the South' line of said SE '/4 of the NE'/ of the SE 1/4 fora
distance of 100 feet; thence run parallel -to the East line of said SE 114 of the NB 1/4 of the SE'/ for
a distance of 150 feet to the South line of said BE %4 Of the NE i/4 of the SE '/4; thence run East
along said South line of the SE Y4. of the NE '/4 of the SE 114 fora distan6e 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.feei 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 Maori -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, ofthe Public Records.. of Miatni -Dade County, Florida,
more particularly described as follow:
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 ofNoitheast Quarter of Southeast
0
M3t.N.71256979.1733242673.1
OR BK aZ4V6 PG OOZI
LAST PAGPE
Quarter; thence run West along the South lire of said Southeast Quarter of Northeast• Qu' r 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 ron West parallel to South line of said Southeast Quarter of Northeast Quarter of
Soufheast 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
1 Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quartet for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
j
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