2CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Hector Mirabile, Ph.D., City Manager
(for inclusion in City Manager's repor
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: February 1, 2011
Subject:
Annual Affordable Housing Report (2011).-Red Road Commons
South Miami
AA•Amn ica ft
I®'
2001
F�
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: LetterfromJProctorl- I1- ]I (Annual Report)
Red Road Commons Development Agreement
TJV /SAY
X:\Comm ltems\2011\2 -1 -11 \RED Rd Housing 2011 Report To CM.doc
Bilzin Sumberg
A T T 0 R N B Y S A T L A W
Via Hand Delivery
Dr. Hector Mirabile
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
a
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
January 11, 2011
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 571"
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 wwwbilzin. corn
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,
vJ✓° vV
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 2397208A 7743027649
1/12/11
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Red Road Commons
Afrorobblo Housing Compliance ROp o94an0ery2011.
toryearendln December31 2010
O6% Y 5 123400 27%
1 A102 2 bedroom 519012OD9 1/09 3112011 $ 55,368.OD 1 0
i A212 iBedroom 8115/20 8/1412011 4 45,551.01) 87% Y $ 1,285.00 34%
i B103 2bedroom BMWOD9 4/1412011 $ 60,188.00 115% Y S 1,575.00 31%
i 8108 2bedroom 6/712010 616001/ $ 31,200.00 60% Y $ 1,663.00 64%
i 5119 1 and room 8127/2009 1/3112011 $ 30,090.00 58% Y $ 1,032.00 41%
i B126 2 bedroom 512912009 5/2912011 $ 45,427.00 67% Y $ 1,664.00 44%
1 8307 2 6etlroom 91242009 413012011 $ 33,840.00 65% Y $ 75Z50 27%
i 8403 2 bedroom 212512010 2/1412011 $ 50,681.00 97°% Y $ 1,484.00 35%
i 8404 2 bedroom 1192016 1/31/2011 $ 49,338.00 95% Y S 1,462.00 36%
1 8414 2bedroom 9125/2009 4/30/2011 S 41,016.00 79% Y $ 840.00 25%
i 8419 2bedroom 211112010 2/1012011 $ 53,460.00 102% Y $ 11686.00 38%
1 8524 2 Is ' tlroom 71252009 7/242011 $ 62,200.00 119% Y $ 1,730.00 33%
1 8525 1 Bedroom 7/1012009 402011 $ 44,713.00 66% Y $ 1,295.00 35%
1 C111 2bedroom 412412010 42312011 $ 35,360.00 66% V S 1,321.00 45%
1 C205 2betlroom 12MI1200 12202011 $ 44,328.00 65% Y S 1,158.00 31%
1 0306 t bedroom 1/1312010 8/122011 S 48,00D.00 92% Y 3 1,240,00 31%
1 C307 3bedroom 312212010 312112011 S 53,460.00 102% Y S 2,660.00 60%
1 C310 1 Bedroom 111012010 1192012 $ 53,260.00 102% Y 3 1,275.00 29%
1 COOS 1 Bedroom 1/252010 112412011 $ 42,000.00 St Y $ 1,272.00 36%
1 0406 36edroom 1211&2009 12/17/2011 $ 55,368.00 106°% Y $ 1,272.00 28%
1 C507 3 bedroom 3/222010 3121/2011 $ 53,460.01) 102% Y $ 2,684,00 60%
i C506 1 Bedroom 4/212010 4112011 $ 53,460.00 102% Y S 1,660.00 37%
1 0104 1 Bedroom 7122010 7/112o11 $ 57,840.00 111% Y $ 1,293.00 27%
1 D106 2 bedroom Wart 09 612512011 $ 41,274.00 79% Y $ 1,564.00 46%
i 0209 2 bedroom 61012009 611812011 $ 46,682.00 93% Y 3 1,215.00 30%
i D309 2betlroom 711012009 71912011 $ 50,400.00 97% Y $ 1,298.00 31%
t D402 2betlroom 71MOD9 71112011 a 51,725.00 99% Y S 11605.00 37%
1 E208 1 bedroom Wrings 6/20/2011 $ 50,400.00 97% Y S 1,320.00 31%
1 E221 i bedroom 811/2009 71312011 $ 49,097.24 94% Y $ 1,287.00 31%
1 E309 2betlroom 2/152010 4/30/2011 $ 40,668.00 78% Y S 023.00 24%
1 E42B 1 bedroom 8/2012009 01192011 S 60,000.00 115% Y $ 1,368.00 27%
1 F102 1 bedroom 4112010 41112011 It 53,460.00 102% Y S 1,293.00 29%
1 F203 1 bedroom 11/212009 11112011 $ 59,820.00 115% Y $ 1,305.00 26%
1 F303 iBedroom 101231209 1011512oi1 S 33,695.00 65% Y S 1,258.00 45%
1 F402 1 bedroom 1013012009 7/152011 $ 59,767.00 114% Y $ 1.483.00 30%
1 F302 iBedroom =512010 5/242011 S 41,600.00 80% Y $ 11540.00 44%
1 0222 2bedroom 812212010 81212011 $ Ifogw00 115% Y S 1,80500 36%
1 8309 2 bedroom $1112010 7131/2011 S 55,000.00 105% Y $ 2,030.00 44%
1 C204 iBedroom 4115/2010 41142011 S 46,440.00 09% Y 1 1,203.00 33%
1 A211 1 Bedroom 6712010 61112011 $ 56,180.55 108 ° ° /< Y S 1,300.00 28%
#mV101
General Notes:
HVD Definhion
• "people with incomes between 80 and 120 percent of die AM are moderate beware."
• State ofth, Hooting Counseling Industry, OS DeparnnearofHoasing and Urban Derelapasen4 Office ofpoircy Developmenl and Research , 2008 Report (September 2008)
• bttp:// wvnv. huduserorg /Publications/PDF/hsg_comsel.pdf
Development Aamement
2.f. Housing -A requirement of ten percent (10 %) of the units will at to locations or families in the moderate Inome segment of 00 affordable housing group. lithe residential units convert 10 condominiums, ten
percent (10 %) of the units will be sold to Individuals orfamllies in the moderate income segment of the affordable housing group. In analyzing compliance w4h this paragraph, the City shop allow minor deviations
resulting from shod term vacencles. Incomes shot be based on Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development. Proof of compliance wan this requirement on an
annual basis shall be Provided in Myna on or before January 15 of the following year to the City Manager.
CemBCstied E
Eo"fifion H
Holder Income p
percentage pf2010 A
AMI based on the R
Rate I
Income o
Date D
Date -
- Should not. H
HUDAMIfor Miami 8
80% to 120 %0f R
Rent Payment
' '
'ex0eed D
Dade County - set M
Mad.ode income
$82,640 a
at$52,200 by HUD a
as defined by HUD
in Fei uny, 10. Y
YIN
Should not
- e
exceed 120% '
1 A102 2 bedroom 519012OD9 1/09 3112011 $ 55,368.OD 1 0
i A212 iBedroom 8115/20 8/1412011 4 45,551.01) 87% Y $ 1,285.00 34%
i B103 2bedroom BMWOD9 4/1412011 $ 60,188.00 115% Y S 1,575.00 31%
i 8108 2bedroom 6/712010 616001/ $ 31,200.00 60% Y $ 1,663.00 64%
i 5119 1 and room 8127/2009 1/3112011 $ 30,090.00 58% Y $ 1,032.00 41%
i B126 2 bedroom 512912009 5/2912011 $ 45,427.00 67% Y $ 1,664.00 44%
1 8307 2 6etlroom 91242009 413012011 $ 33,840.00 65% Y $ 75Z50 27%
i 8403 2 bedroom 212512010 2/1412011 $ 50,681.00 97°% Y $ 1,484.00 35%
i 8404 2 bedroom 1192016 1/31/2011 $ 49,338.00 95% Y S 1,462.00 36%
1 8414 2bedroom 9125/2009 4/30/2011 S 41,016.00 79% Y $ 840.00 25%
i 8419 2bedroom 211112010 2/1012011 $ 53,460.00 102% Y $ 11686.00 38%
1 8524 2 Is ' tlroom 71252009 7/242011 $ 62,200.00 119% Y $ 1,730.00 33%
1 8525 1 Bedroom 7/1012009 402011 $ 44,713.00 66% Y $ 1,295.00 35%
1 C111 2bedroom 412412010 42312011 $ 35,360.00 66% V S 1,321.00 45%
1 C205 2betlroom 12MI1200 12202011 $ 44,328.00 65% Y S 1,158.00 31%
1 0306 t bedroom 1/1312010 8/122011 S 48,00D.00 92% Y 3 1,240,00 31%
1 C307 3bedroom 312212010 312112011 S 53,460.00 102% Y S 2,660.00 60%
1 C310 1 Bedroom 111012010 1192012 $ 53,260.00 102% Y 3 1,275.00 29%
1 COOS 1 Bedroom 1/252010 112412011 $ 42,000.00 St Y $ 1,272.00 36%
1 0406 36edroom 1211&2009 12/17/2011 $ 55,368.00 106°% Y $ 1,272.00 28%
1 C507 3 bedroom 3/222010 3121/2011 $ 53,460.01) 102% Y $ 2,684,00 60%
i C506 1 Bedroom 4/212010 4112011 $ 53,460.00 102% Y S 1,660.00 37%
1 0104 1 Bedroom 7122010 7/112o11 $ 57,840.00 111% Y $ 1,293.00 27%
1 D106 2 bedroom Wart 09 612512011 $ 41,274.00 79% Y $ 1,564.00 46%
i 0209 2 bedroom 61012009 611812011 $ 46,682.00 93% Y 3 1,215.00 30%
i D309 2betlroom 711012009 71912011 $ 50,400.00 97% Y $ 1,298.00 31%
t D402 2betlroom 71MOD9 71112011 a 51,725.00 99% Y S 11605.00 37%
1 E208 1 bedroom Wrings 6/20/2011 $ 50,400.00 97% Y S 1,320.00 31%
1 E221 i bedroom 811/2009 71312011 $ 49,097.24 94% Y $ 1,287.00 31%
1 E309 2betlroom 2/152010 4/30/2011 $ 40,668.00 78% Y S 023.00 24%
1 E42B 1 bedroom 8/2012009 01192011 S 60,000.00 115% Y $ 1,368.00 27%
1 F102 1 bedroom 4112010 41112011 It 53,460.00 102% Y S 1,293.00 29%
1 F203 1 bedroom 11/212009 11112011 $ 59,820.00 115% Y $ 1,305.00 26%
1 F303 iBedroom 101231209 1011512oi1 S 33,695.00 65% Y S 1,258.00 45%
1 F402 1 bedroom 1013012009 7/152011 $ 59,767.00 114% Y $ 1.483.00 30%
1 F302 iBedroom =512010 5/242011 S 41,600.00 80% Y $ 11540.00 44%
1 0222 2bedroom 812212010 81212011 $ Ifogw00 115% Y S 1,80500 36%
1 8309 2 bedroom $1112010 7131/2011 S 55,000.00 105% Y $ 2,030.00 44%
1 C204 iBedroom 4115/2010 41142011 S 46,440.00 09% Y 1 1,203.00 33%
1 A211 1 Bedroom 6712010 61112011 $ 56,180.55 108 ° ° /< Y S 1,300.00 28%
#mV101
General Notes:
HVD Definhion
• "people with incomes between 80 and 120 percent of die AM are moderate beware."
• State ofth, Hooting Counseling Industry, OS DeparnnearofHoasing and Urban Derelapasen4 Office ofpoircy Developmenl and Research , 2008 Report (September 2008)
• bttp:// wvnv. huduserorg /Publications/PDF/hsg_comsel.pdf
Development Aamement
2.f. Housing -A requirement of ten percent (10 %) of the units will at to locations or families in the moderate Inome segment of 00 affordable housing group. lithe residential units convert 10 condominiums, ten
percent (10 %) of the units will be sold to Individuals orfamllies in the moderate income segment of the affordable housing group. In analyzing compliance w4h this paragraph, the City shop allow minor deviations
resulting from shod term vacencles. Incomes shot be based on Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development. Proof of compliance wan this requirement on an
annual basis shall be Provided in Myna on or before January 15 of the following year to the City Manager.
l fiiifi{fi lilii'�fifii filiil�ifif�fii fiil�llifii (fill 1111
CFM 2ip07R0; 2B.8$d
OR 6k 2549b Pss 0052 ' 72! t2lo-ss!
RECORAEO 03/30/2007 15,02,31
HARVHi CClXRK
NEI RUV!F ORICOlRT
This instrunwnt prepared colder the 59ervisi0n:
and tvllon recorded return to:
Jerry B. Proctor, Esq.
Bilzin Sumb2rg Buena Price & Axetrad LLP
200 South Biscayne Boulevard
suite 2$00
Miami, Florida 3313] -2336
DEVELOPMENT AGREEMENT
(Space Reserved for clerk)
This Development Agreement is made as of this � -t� day ofM4Yb% 2007, by and
between The City of South 'Miami, Florida, a municipal corporation ("City"),turd RRC 57"
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
against inure
to the benefit of the Applicant, successors and. assigns, mortga,ees,
persons benefit
claiming the through, or under them until such time as this Development Agreement
( "Development Agreement ") is'released in writing as hereinafrer provided;
lWar- RF,AS, Applicant owns the property in the City, in Miami -Dude County, Florida,
legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Properly "), and -
ne the
yVAFRBAS, on July 22. 2004 Applicant filed an application with the City to rezo
Property from TODD (WI -4) (Transit Oriented Development District) PUD-M (Planned Unit
Development -Mixed Use), and to obtain site plan approval (the "App ). and
KIH RGA.S, 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.
NOW THrREFORE, in consideration of
tile
contain d, tl a receipt and sufficiency or which art expressly n sly acknowledged,Appli atntt and the
City hereby agree as rollows:
MIA41t 819310.15 7326021531
3/29(07 EXHIBIT "A„
1. Permitted Uses Densities and lotensi ies Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the foflowing:
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- 3,7(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 204.1 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 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 ang.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.
a. Tic- 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, priorto the occupancy of any buildings on the Property. In addition,
Applicant will present plans within two (2) years after the recording of this
NUAW 519310.15732602MI
312WO7
I
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 Ponoc do Leon
Boulevard. Subject to approval of necessary permits by govermmental 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. 'it
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, fn analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short -term vacancies. Incomes shall
be based on Area Median Income (APAI), 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 Janbary 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 tic 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.
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 Millago Taxes from Miami -Dade County, the
Property Owner shall contribute an amount equal to the Operating Millage Taxes
E0 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 die City Manager, prior to or
concurrent with the issuance of any (1) ,bids for construction work on the
Propeity, (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 619310.15 7326031531 3
3/29/07 "'
5. Site Plan.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
regulations.
V. 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 Levantc 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
tight 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 b
the'HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57...
Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated
with the City of South Miami shuttle pick -ups to minimize traffic impacts.
f. Applicant shall provide and maintain landscaping acceptable to the City between
the FPL facility .and the garage. The applicant 'Dust 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.
It. 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 tite assigned parking.
i. Applicant shall provide a master signage plats for project identification, traffic,
routing, and retail store's 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 ceommod to assure that the refuse
d mp ters. Tile final cumber and ldimensions of service
MIAM1819310.15 732WZ1531 4'
327.`07
areas shall be mandated by the Environmoatal 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 improveittents 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 shalf'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. plan, as approved s b tip the
planning Board, in ordereto as shown on the amended break up the long facade tof
p Y
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 -smool .
parking spaces located on SW 66 Street.
c 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 sn ;all 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 n ih cost Of specific Methodist Church
enhancements agreed upon by Applicant
of South Miami.
The Applicant will present plans for traffic permits ipdicating, travel lanes of 10.5
feet on Red Rod (SW 57 Avenue) and, if approved, will create an enhanced
'9anding zone' for pedestrians in the center of Rd Road between the Property
and the First United Methodist Church to the cast, subject to the approval of
Miami -Dade County and the State of Florida Department ofTransportation.
MIAMI ai931e.15 7326021531
3r'2UN7
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by the
Planning Director; said location may change from time to time.
U. The Applicant shall obtain approval from the City of a parking plan for
construction workers prior to the issuance of a building permit.
6. Schools. In an effort to assist public schools located within the City, Applicant
voluntarily agrees to donate $34,800 to the Miami- Dade'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 theSeboo) Board and the City dctcnnlnes will enhance the curriculum and
the students' attending the subject school is 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 shalt submit a Unity of Title, pursuant to the
requirements of Section 20- 3.7(8)(1), City Code.
NOW THF,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 is
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. j_mnnet 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 &19310.15 7326021531
3/29107
10. goncurrencv and Coaslstency. 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 tho 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
1I. Term o ao-reement. The provisions of this Development Agreement shall
become affective 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 Reool:t and Review, It shall be the responsibility of Applicant to submit
an =net report to the City, sufficient to fulfill the requiroments as stated in the
provisions of the Act, and Ordinance No. i 1- 05 -I833. 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 ntet and the date finalized, as good faith compliance with
the'rerms 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 $hall 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 core
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. Modilleation. 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 antcndmenbto
PUD -M development contained in Chapter 20 of the City Land Development
Code.
14, Enforeement. 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 rostiain 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
At LAMI 519310.15 77326021531
3139/67
V \
disbursements 'allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attomey`s fees'payable under this
paragraph shall not exceed 25% of thojudgment.
15, Inspection., Noticing 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 promises 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) istarc 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 arty 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 refuse to grant any Jinspections, 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 snd 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 terns.
c. There are no actions, suits or proceedings pending or threatened against or
affecting Applicant before any court or goverrunental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant shalt not act in any way whatsoever, directly or indirectly, to cause this
Agreement to be amonded, modiftod, 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. Severabiil ty. 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 732021531
309107
ineffective only to such extent and the remaining provisions shall continue to be
given bill force and effect so far as possible.
19. Joint Preparatlo n 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 arc 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. Ca ittions and Pleadings. . Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22. Applicable Laws Jurisdiction and Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida without regard to principles of conflicts of law. This Agreement may
be enforced as provided in Section 163.3243, Florida Statutes, Venue for any
litigation pertaining to the subject matter hereof shall be exclusively in Miami -
Dade County, Florida,
23. igotices, Any notices or reports required by this Agreement shall be sent to the
following:
ror the Cit.
City Manager
City of South Miami
6130 Sunset D'iive
South Miami, FI, 33143
Copy to
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI 519310.15 733602x531 9 .
3/'29!07
1A All I
For the Applicant:
Irma Abelia, 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 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 that 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 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 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
agreomens, 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 73261121531 10
3129!07
discussions, negotiations, possible and alleged agreements and representations,'
covenants and warranties with respect to the subject matter herco& are waived,,
merged herein and superseded hereby. Each party affirmatively represents that no
promises have been made to tbat 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 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 Appiicai is 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. tfi'eetiveness. This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this. Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph #2d, If the Park
donation is not established in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
IN PV12WESS WHEREOF, these presents have been executed this ^W+e day of
Mam-" 2007.
WAh71517310.13 73261121311 1 1
V20101
,ACKNO)MLEDGMENT AND ACCEPTANCE
BY CITY OF SO aK MIAMI
KATOW ALL MENBYTHESE 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 02 a 9 day of /tlOA?G'/f .2007.
CITY OF SOUTH MIAMI -
By:
Yvonne S ter - McKinley.
City Manager
TT ST,
LERKa M. Menendez
I I
STATE OF I )
)SS'
COUNTY OPi0- /J i_)
iiiiiiiM)einieiniaie;zil� ent was acknowledged before me this�& day o
� of the City of South Miami
, City Clerk, of e City of South Miami who are
to me or ( ) produced a valid driver`s license as identification.
Maria M. Menendez
NotaryPue:
Sign Name:
Print Name: •_�7 q„xia.M..Nlenendez
f xaw'A 2007 by
and attested to by
) personally known
My Commission Expires:
Serial No. (None, if blank):
[NOTARIAL SEAL)
MAAIAM. wfgrzNDeZ
i S MY COMMIEEIeN♦ eD 971979
q'o7 ryJ` "MAE9: mftl R19, 9009
• 197JaK)nA' Pl. wrvaccc.m+cnc Co-.
M IAMI 7326021S31 12
WSW
IN w1TNESS WHEREOF, the undersigned party has agreed to this Development
Agreement dated as of theme"[ day of M&Ytje� _. 2007,
w sses: �n
F- r-b- -- p�
PriniName::rrY )rL 11`
Pri t am 14-.5i` l41
STATE OF FLORIDA },
RRC 57' Avenue, LLC, a Florida'
limited liability company
By: University of Miami, a Florida non - profit
corporation, its s e m moor
Vy,
ame: Joseph toli
Title: Senior ice President for Business'
and Finance
) SS:
COUNTY OF MIAMI-DAD E)
The foregoing instrument was acknowledged before me thi day o
2007, by Joseph T, Natoli, as Senior Vice President for Business and Finance, of the tversity
of Miami, a Florida nonprofit corporation, the Sole Member of RRC 57 "' Avenue, LLC, a
Florida limited liability company. WShe is oersonally known to me or has produced a State of
driver's license as identification.
Sign Name:
Print Name:
My Commission Expires: O BL
Serial No. (none, if blank): %
[NOTARY SEAL]
NOTARY PUBUC•STARB OF FIOPWA
Melody M. Smith
.. CompttuiDp
OCT, ExpinOCT, 100,, 202010
' p0NDrDnalpATIµYlO 501D44C 0p.piC.
MIAMI 819310.15 7325021571 13
3/:SI07
Legal Dosc;lpdon
fte'd I • t ibe Plat thereof, as
All of Tract 1, of the REVISED PLAT OF FBRNWOOII, according o
recorded in Plat Book 35, at Page 72, of the Publio Records of Miami -Dade County, Florida, less
1 'the South 475.657 feet of the West 100 feet, and less also the Bast 150-feat of the'Soueh 330 feet,
and less also the South 125 feet of the West 175 feet of the Bast 325 fuel, and less also the Bast
75 feet of the West 175 feet of the South 125 feetof said Tract.
' Pamz12:..
The But 75 feet.of the West 175 feat of tlto South 125 fact of Tract'1, of REVISED PLAT OF
FBRNF1001), acoording to the Plat thereof, as- recorded in Plat Book 35? at Page 72, of the
Public Records of Miami -Dade County..Florida..
The North 132 feet of the SBA of the, NB %4 of the SE 7/4 of Section'25, Township 54 South ,
Range 40 East, less the North 25 feet of the North 132 feet of the SE' /+ of the NE 114 of the SL '/a
of Section 25, Township 54 South, Range 40 Bast .
i
f
Earcel4;
That pert ofihe SB % of the NB•% c£dtd SE %< Of SeetionZS, Township 54 South Range 40 Bast
described as follows:'
Begin at tha•SB corer of said SB Y,, ofthe NB' /4 of the SB' /,; thence nm West along the South
line of said SE '/, of the NB %4 Of the SE A fora distance of 185 feet fox a Point of Beginning;
thence'nm North parallel to. the Rastl ne of said SE 14 of the NB %4 ofbe SB' /, for a distance of
150 'feet; thence rurt West parallel to the South line of said SB ,% of the NB h/ of the St )/4 fora
distance of I os feet; thence ran parallel to the Bast line of said: SB' /, of the NB''/ of the 99 '/4 fof
a distance of 150 foot to the South line of said 61} %4 of the NE V4 of the SE `h /4; thence ran Bast
alo»g said South lino of the SE Y4 of the NB'/ of the SB hWfor,a distance of 100 feet to tho Point'
of Begiu bg, less the South 25 feet for public road purposes. • ;
creel 5:
Trio North' Igo feet of the South 330 foot of the Bast 150• feet of Tract 1, of "VISED PLAT OF
FBRNWOOD, according. to the Plat thereof, as recorded • in, Plat Book 35, at Page 72; of the
Public Records of Warpi Dads County, Florida.
Pa*cei 6•
d,portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 3$, at'Page 72, of the Public Recordq.of Mlan3i -Dodo County, Flori3a
more particularly described as follow;
That part of the 'Southeast Quarter of the NortbeaSt Quarter, of the Southeast Quarter of Section
25, Township 54 South, Range 40 Bast, described as follows
Begin at the Southeest Fbruer of• Bald Southeast Quarter of Noitheast Quarter of Southeast
0
M1Ata 12:6979.173324267311
OR BK M5476 PG 0051
LAST PAGE
' Qusricx thence Tan West along the South line of said Southeast Quarter of Noxtheasf Quarter of
Southeast Quarter for. a didapoe of 285 feet for POW OF 8EG]NNINC. thence run' Nosh
parallel to East line of said Southeast Quarter•of NorBteaet Quattor of Southeast Quarter 1
theacp rim West parallel to South line of said Souiheast Quarter of Quart" of
Southeast Quartet' 75 feet; thenoe run South parallel to the East lino of said Southeast Quarter of
Northeast Qaarter of Southeast Quail%15D feet to the South Hue of said SOrrMOUt Qtlnt'tCr Of
Northeas! Quarter of 3outiteast Quarter, thence Bast along said South line of the Southeast
lQuarter of Nokheast Quarter' of Southeast Quarter for a distance of 7S foot to the Pi3T! 1T' OF
} BBOnq�Np, LESS the South 25 feet for pdbHe road
' MIAMt 7258979.1733= 496731