2South Miami
OftericaWy
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER m
INTER - OFFICE MEMORANDUM 2001
To: Hector Mirabile, Ph.D., City Manager
(for inclusion in City Manager's report
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: February 1, 2011
Subject:
Annual Affordable Housing Report (2011).-Red Road Commons
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.
AFFORDABLE HOUSING COMPLIANCE
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 13, 2011 and is attached.
VERIFICATION OF UNITS
In March 2010, after the submission of their first Affordable Housing Compliance Report the
submitted list of the units occupied by affordable housing households was verified by Planning and
Zoning Department staff. 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. The March
2010 verification session indicated that 35 units of the 314 units (10% +) rented were households
within the income range determined to be within the income levels defined as affordable housing for
this project.
AFFORDABLE HOUSING 2011 REPORT
The current 2011 affordable housing annual report is in the form of a two page letter dated January
11, 2011 from the developer's attorney Jerry Proctor, Esq. and a one page summary chart. The
attached 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. A total of 39 units out of
386 units currently rented are classified as affordable (annual income under $62,640 and monthly
lease not exceeding 120% of annual income). This total is equal to 10% of currently rented units
being in the affordable housing classification.
ADMINISTRATION RECOMMENDATION
The report meets the compliance requirement of the Development Agreement. The developer will be
advised that the affordable housing commitment is 41 units (based upon 10% of the 404 units) and that
full rental of the building will require a commitment to two additional affordable housing units.
Attachments: Letter from J Proetorl -11 -11 (Annual Report)
Red Road Commons Development Agreement
TJV /SAY
X: \Comm Items\201 1\2-1-1 1 \RED Rd Housing 2011 Report To CM.doc
Bilzin Sumberg
ATTORNEYS AT LAW
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
Via Hand Delivery LCRYMA 1 3 2010
Dr, Hector Mirabile
City Manager A 'GER°S C
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 Dr, Mirabile:
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 571h
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 $52,200, as
determined by U.S. Housing and Urban Development in February 2010. (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 $41,760 per year and $62,640 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
Agreement. As of December 31, 2010, 386 units in 'Red Road Commons" were rented out;
accordingly, the attached list of units and incomes complies with the 10% requirement.
MIAMI 2397208.1 7743027649
1/12/11
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
Dr. Hector Mirabile
City of South Miami
January 11, 2011
Page 2
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,
V
Jerry . Proctor
c: Thomas Vageline, City of South Miami (w /encl.)
Laurence Feingold, Esq, City Attorney (w /encl.)
Jim Kelly (w /encl.)
Diego Sanchez (w /encl.)
MIAMI 2397208.1 7743027649
1/12/11
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Red Road Commons
Agordable Housing Compliance ReportJanuary2011
far Yam-ends, Deonnin,11 2010
Apanmen(
Unit type
Innul
Cerflicet on
Data
.tease
`Expellon
<l
Date
':
Hnn tease
Holder income
-Should not
exceetl
$62,640
loco nacre
percentage of2010
S HUD AMI for Miami
'Dade County }:set
at $62,200 by HUD
in February 2010-
Should not
exceed 120%
ynrwo-
AM1 based on the'
-80 %to 120 %of ?.
Moderate income.
as aimed by HUD
Y/N
ry
Rate
nuv r,v
Income tot
Rent Payment
A102
2bedroom
5130/2009
1/31/2011
$ 55,368.00
106%
Y
5
1,234.00
27%
A212
1 Bedroom
6/15/2009
6114/2011
S 45,551,00
8]%
Y
$
1,295.00
34%
B103
2betlroom
8/1512009
4114/2011
3 60,188.00
115%
Y
$
1,575.00
31%
B108
2betlroom
6912010
61 &2011
3 31.200.00
60%
Y
$
1,663.00
64%
I Bt 19
1Batlroom
8,27 12009
1/31/2011
$ 30,090.00
56%
Y
$
1,032.00
41%
1 8126
2bedroom
5/2912009
5129/2011
S 45,427.00
87%
Y
S
1,664.00
44%
1 8307
2bedroom
9/24/2009
4/30/2011
$ 33,840.00
65%
y
$
757,50
27%
i B403
2betlroom
W25 /2010
2114/2011
$ 50,681.00
97%
Y
S
1,48400
35%
I 8404
2betlroom
1/9/2010
1/31/2011
$ 49,338.00
95%
Y
S
1,46200
36%
i B414
2bedroom
9/25/2009
413012011
$ 41,016.00
79%
Y
$
$40.00
25%
I 8419
2 bedroom
211112010
2110/2011
$ 53,460.00
102%
Y
S
1,686.00
38%
i 8524
2 bedroom
712512009
712412011
$ 62,200.00
119%
Y
$
1,730,00
33%
i 8525
1 Bedroom
7110/2009
4120011
$ 44,71300
86%
Y
$
11295,00
35%
i C11i
2betlroom
4/2412010
412312011
$ 35,360,00
66%
Y
$
1,321.00
45%
I 0205
2betlroom
121311200
12/3012011
$ 44,328.00
86%
Y
$
11158,00
31%
i C306
tbedroom
1/13/2010
8/12/2011
S 48,000.00
92%
Y
$
1,240.00
31%
I 0307
3bedroom
W2212010
W2112011
S 53,460.00
102%
Y
$
2.66000
60%
I C310
1 Badroom
111012010
11912012
S 53,260.00
102%
Y
$
1,275.00
29%
f C405
1 Bedroom
112512010
112412014
S 42,000.00
80%
Y
$
1,272.00
36%
i 0406
3bedroom
12/18/2009
12/1712011
S 55,368,00
106%
Y
$
1,27200
28%
I 0507
3batlmom
3/22/2010
3121/2011
$ 53,460.00
102%
Y
$
2,684.00
60%
f C506
1 Bedroom
4IV2010
41112011
S 53,460.00
102%
Y
$
1,660.00
37%
1 D104
1 Bedroom
71212(10
71112011
S 57,840100
ill%
Y
$
1,293.00
27%
1 D106
2bedroom
W2612009
6125/2011
S 41,274.00
79%
Y
$
1,564.00
45%
1 0209
2 bedroom
6192009
61182011
$ 48,682.00
93%
Y
$
1,215.00
30%
1 D309
2betlroom
7/1012009
7/912011
$ 50,400.00
97%
Y
$
1,298.00
31%
f 0402
2bedroom
7/212009
7/112011
s 51325.00
99%
Y
$
11605.00
37%
i E208
tbedroom
81712009
61202011
s 5040000
97%
Y
$
1,320.00
31%
1 E221
tbedroom
6/112009
7/3112011
$ 49,097.24
94%
Y
$
1,287.00
31%
t E309
2betlroom
2/1512010
41302011
$ 40,668.00
78%
Y
S
823.00
24%
I E428
I bedroom
6120/2009
6,19/2011
$ 60,000.00
115%
Y
$
1,366.00
27%
i F102
tbedroom
411/2010
4112011
$ $3,460.00
102%
Y
$
1,293,00
29%
1 F203
I bedroom
111212009
11/112011
$ 5%820.00
115%
Y
S
1,305.00
26%
1 F303
1 Bedroom
101231200
1011512011
$ 33,695.00
66%
Y
S
1,258.00
45%
1 F402
1 bedroom
10/3012009
711512011
$ 59,767,00
114A
Y
3
1,48300
30%
1 F302
1 Bedroom
10/251201
512412011
$ 41,600,00
80%
Y
$
1,540.00
44%
1 8222
2 betlroom
8/2212010
U2112011
$ 60000.00
115%
Y
s
1,805.00
36%
1 B309
2 bedroom
6/112010
713112011
$ 55,000.00
105%
Y
S
2,030,00
44%
t C204
1 Bedroom
4/1512010
4/14/2011
S 46,44000
69%
Y
$
1,293,00
33%
1 A211
1 Bedroom
6/]2010
6/1112011
$ 56,180,55
106%
Y
$
1,300.00
28%
WDIV /01
General Notes:
afro DiRmlign
• "people with
incomes between 80and
120 percent ofthe AND are moderate income"
• Stan,
ofoW 11ru mg Cmms,1mg lndulry, USDepartmcnl of /dousing and Urban Developmcnl, Office afPollay
Denelapnrsm and Research , 2008 Report (September 2008)
• http;// www. huduserorg /Publications/PDF4isg_counsel,pdf
Development Agreement
2f. Housing-A requirement of ten percent (10 %) of the units v411 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 Win
this paragraph,
the City shall show minor deviations
resulting from short term vacancies. Incomes shall
be basal on Nee
Median Income (AMI) as coined by the U.S. Deparlmenl of Housing and Urban Development. Pmofof
compliance
with this requirement on an
annual basis shall be
provided In wailing on or before January 15 of the
following year to
the City Manager.
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CFP11 200 7 RO326886
OR Bk 25%96 Pss W52 : 721 t21pest
REtBROE0 03/38/2087 15102,31
HARVEY CCR F WRT
I B�
Tnis instrument prepared tattler the supervision:
and when recorded retain to:
'Jerry B. Proctor, Esq.
Bil,du Sumbcrg Boons Price & Axelrod LLF
zoo South Biscayne Boulevard
suite 2500
Mianu, Florida 33131 -2336
DEVELOPMENT AGREEMENT
(Space Reserved for Clerk)
This Development Agreement is made as of this 99t day ofMAYfd't, 2007, by and
between The City of South 'Miami, Florida, a municipal corporation ( "City ") and RRC 571h
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 the Applicant, successors and assigns, mortgagees, lessees, and against all,
persons claiming by, through, or tinder them until such time as this Development Agreement
( "Development Agreement ") is'released in writing as hereinafter provided;
W7dERBA,S, Applicant owns the pr6p6tty in the City, in Miami -Dade County, Florida,
legally described oil Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (the "pr6perly "), and
WldF-RE.43, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (MU -4) ('Transit Oriented Development District) to P1fD -M (Planned Unif
Development -Mixed Use), and to obtain site plan approval (the "Applicaition "), and
13rHFRGA,T 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 or the execution of the
development agreement shall govern the development of the land for the duration of the
agreement.
NOFV, THEREFORE,, in consideration of the covenants; conditions, and promises herein
contained, the receipt and sufficiency or which are expressly acknowledged, Applicant and the
City hereby agree as follows:
M10-11 81931 o.15 7326021331
31291b7 EMIBIT " A"
1. Permitted Uses Densities and )gtensities Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the fuilowing:
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 203.7(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 20-4.1 of
the Code of the City bf 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 -Dada 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 cancunency. 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.
a. 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
MIAMI 619310.15 7326021531
329!07
f
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 die intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by goverrmental authorities,
Applicant will pay for and construct the beautification improvements.
f. Housing — A requirement of ten percent (10 %) of the units will rent to individuals
or families in the moderate income segment of the affordable housing group. If
the residential units convert to condominiums, ten percent (10 %) of the units will
be sold to individuals or families in the moderate income segment of die
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 (Aivtn, as defined by the U.S. Department of
Housing mid 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 X100,000 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 fluid 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 appoals of.
Tax Assessments for the .Property, in accordance with the laws of Miami -Dade
County.
4, Nyork 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 die 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 offorts 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 tho
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, is 19310.15 7.126021 53 1 3
3/29107
5. Site Plan.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
regulations.
urity. As part of on site security to be provided
b♦ Applicant shall provide on site sec
by the Applicant, the Applicant shalt 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 Levame 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 far the driveway onto SW 66 Street shall be desigtted and operated as a
right sum out only driveway. The exit shall be closed with a gate to prevent turn
oiu 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
Avenue traffic. All Bo ryCone 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 Citys property
between the FPL facility and the South Miami Cohimunity Center. The row of
trees to be located oil the City's property between the FPL facility and the South
Miami Cormnunity 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 I master signage plats 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 - candies of intensity
at an 18 inch height. Fvithin 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 81931(. 15 732W21531 4
329�Oi ,
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 -ot -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 shalt 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 al 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 Applicaut 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 Properly
and the First United Methodist Church to the cast, subject to the approval of
lviianti -Dade Calmly and the State of Florida Department ofTransportatiotl,
MIAMI $19310.15 7326011531
)M/07
I. 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'Courity 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 determines 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
Agreenent 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 TFIF,REFORE, the City, in consideration of the premises, hereby agrees as
follows:
8. Vesting. As long as the development on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the 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. Imp net 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
3129+07
10. CCo tcu rencv and Consismgcy. The Application together with the Applicant's
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 204.1 of the City Code,'
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11, form of A reement, 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 Renort and Review, it shall be the responsibility of Applicant to submit
an annual report to the C1ty sutiicient 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, shalt submit an annual import 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 I5 -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 tenninated.
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 tine 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
WAM 1 81)310,13 7326e2 W I
3l2WO
disbursements allowed by law, such sum as the eourf may adjudge to be
reasonable for the services of its attorney. Attorney's fees'payable tinder 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 govemmentat 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, Autborizatiolt 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
permits on the portion of the Property failing to comply.with this Development
Agreement, and reftise 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 procced'utgs 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. Appliear t 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 us,requi.red under this Agreement.
18. Severabilitv. It 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 S19310.15 732602153 t
v29n>7
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparatigg. 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 i iterpretational meaning of NJ; 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. Cautions and Headings. Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22, Applicable Laws Jurisdiction, and Venua, 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 Cl
City Manager
City of South Miami
6130 Sunset.D'rive
South Miami, Fl, 33143
Cony to:
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, Ft. 33143
M JAM IS t')310.15 7326021531 9 .
Y29107
v .
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
performance of any covenant, agreement, term or condition of this Agreement, or
to exercise arty 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 than 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 shalt not give rise to liability to any third
party other than the authorized successors and assigns of the patties 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 Agreen=4 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 implied, oral of
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 819310.1573261121331 10
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a:5
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 byany 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..
30. Recordation. Within 20 days oiler 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. trreetiveness, 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 rozoning and site plan
approval and of the application Cur 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.
IH W1THEV 4i'HF_REOr, these presents have been executed this e2g day of
GtY'ri1'l 2007,
MIAMI $14310.157}260215)1 11
3r14rOn
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
aroW AL 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.
DATEDthis day of �li #. .2007.
CITY OF SOUTH MIA
8y:
Yvonne S ler- McKinley
City Manager
Z � , ST
CLERK
Maria M. Menendez
STATE OF--�,.
_ ) SS'
COUNTY OF,%/i../�dr� )
e foregoing instnnnant was acknowledged before me thiseA 4 day of 2%�cfit 2007 by
n e �trtl? r s of the City of Somb Miami and attested to by
Menendez City Clerk, of e City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
Maria M. Menendez r�
Notary PubiicF�.
Sign
Name:
Print Name: —�= .r484�AM Menendez
My Commission Expires:
Serial No. (None, if blank):
[NOTARIAL SEAL)
SAM MARIA M, M�NENDEZ
Tor no'y7 x�axPfMEsB Whig am
,A>sJgPlN. l�r+nrvaeu+,rovu Cq
MIAMI 7326021531
3r28l07
N WITNESS WH& EOF, the undersigned party has agreed to this Development
Agreement dated as of theme: day of jM CvVin _, 2007.
W sses: �n
Print Name: :rrro(x
Print Nam e: � � 41
STATE OF FLORIDA ),
RRC 57 .. Avenue, LLC, a Florida
limited liability company
By: University of Miami, a Florida non -profit
corporation, its s e mimber
Y; �l
lame: Joseph toli
Title; Senior ice President for Business
and Finance
) SS:
COUNTY OF MIAMI•DADE)
The foregoing instrument was acknowledged before me thig6t day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of Aheiverrsity
of Miami, a Florida non -profit corporation, the Sole Member of RRC 57'" Avenue, LLC, a
Florida limited liability company. JWShe is personally known to me or has produced a State of
driver's license as identiflcation.
My Commission Expires:
MtANN 819310.15 7326021571 13
WHIM
1
•��rirn��a,�cr:.�
[NOTARY SEAL]
NOTARY PUBUC -STATB OF FL010h
Melody M.,Sridth
r Commissioa #DD582010 .-
Faplr6s: OCT 10 201Q
eonom ntaa A11h't1C eowGVO CO., w4C
Legal Desc#ptlon
azc
All of Treat 1, of the REVISED, PLAT OF FERNWOOD, acoording to tbo Plat tb4rcof, as
recorded in ?Jai Book 35, at Page 72, of the Public Records of Miaml -Dade County, Florida, less
the South 475.657 feet of the West 100 feat, and less also the East 150.feut of the 'South 330 filet,
t end less also the South 125 feet of the Walt 175 feet of tho East 325 feet, and less also the Last
1 75 feet of the West 175 feet of the South 125 feetof said Tract. .
The East 75 feet.of t13 West 17S fget of ilrra , 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 Countytnorida.,
I rth 132 feet of the SE %a of the. NE % of the SE 7/,• of Section 25, Township 54 SgI4,
Ibe of the NE' /. of the SL
Range 40 East, loss the North 25 foot of the North 132 feat of the S$' /+ ' /. '
of Section 25, Township 54 South, Range 40 Hest.
ThPaz t paar'•t oflhe SB % of the NB,Y4 o£tbd SE' /4 of Section 2'S. Township S4 South Range b0 Bast,
described as follows:'
Begin at the'SE comer of said SE % oftbd NE' /4 of the SB %4; thc*Oa run West along "'a South
1 line of said SE '/ o£ the NB '/, of the SB'14 fora distance of 185 feet fox a Pdiut of Beginning;
t thence run North parallel to, the Fast lino of said SE'% of the NE y4 oftbe SE %, foi a.distance pf
i 150'feet; thence nn West parallel to the South' line of said SE.% of the NB'/ of the S$' /4 for, s
distance of 100 feat; thence run parallel to the Bast line of said' SE% of the NE'' /n of the SE 'A for
a distanra of 150 feet to the South lint cf said S$' /4 of the NE V4 of the SE 'h; thou**` run East
along said South line of the SE 4/i of the NE % of the SB%'for,& dislanda of 100 feet to the Point'
_ I of Beginning, less the South 25 feet for public road pUrposes. .
arce3 5:
The North' 180 feet of South 330 feet of the East 150,feot 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 warm Dade County, Florida.
pamal6
A,.portion of Tract 1, REVISED PLAT OF FBRNW,OOD, according to the Plat th �of
1 recorded in Plat Book 35, at'Page 72, of the Public Records of Miami-Doe County,
more particularly described as follows:
That part of the'Southeast Quarter of the Nortbea# Quartcr, of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as folloRs
Begin at the Southeast Gomez of'said Southeast Quarter of NQitheast Quarter of Southeast
M, 1.4$712'8979.17332474731
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OR SK 25476 PG 0051
LAST PACPE .
Quarter thence Sun West along the South tine of said Southeast Quarter of Northeast Quarter of
"Southeast Quarter fora distanoe of 285 foot for POINT' OF B>rC3S 4M' G-- thauee nni North
parallel to East line Of aid SoutheastQuarter.ofNorheast Quartsrof3outbeast Quarter 150 feet;
iharcD = WQst parallel to South Lino of said Southeast Qumtar of Northeast Quartm of
Southeast Quarter 75 feet; thonoe run Sou@ parallel to the East lino of said Southeast Quarter of
.Northeast Quarter of Southeast Quarter 150 feet to the • South tine of said Southeast Quarter of
Northeast Quarter of Southeast Quarter, thence East along said South lino of the Southeast
Quarter of N&teast Quarter of 96utbeast Quarter for a diotance of 75 feet to the POIM OF
BBOD*MGt, LBSS the 96uth25 feet forptiblic road.
,I
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MIAMC 7258979.17392426731