8To:
Via:
From:
Date:
South Miami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Stoddard and Members of the City Commission
Hector Mirabile, Ph.D., City Manager
Lourdes Cabrera, Acting Director
Planning and Zoning Department
March 15, 2011
ITEM NO.
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida relating to
the review and acceptance of the Annual Report of the RRC 57th Avenue LLC on their mixed
use development project known as Red Road Commons located at 6600 -6640 SW 57th Avenue;
said report required by Section 12 of a Development Agreement executed between the City of
South Miami and RRC 57th Avenue LLC by the adoption of Ordinance No. 12 -05 -1834; and
providing an effective date.
PROJECT SUMMARY
In 2005 the City Commission approved the Red Road Commons Project located at 6600 -6640 SW 57
Avenue and 5757 SW 68 Street. The project includes 404 residential units and retail space. The
approval included a zoning map amendment granting a PUD -M zoning district, an approval of a
master site plan, and the approval of a Development Agreement pursuant to Florida Statutes
163.3220- 163.3243. The submittal to the City of an annual report on the Development Agreement is
required by Section 12 (p.7) of the Development Agreement document.
DEVELOPMENT AGREEMENT STATUS
The Development Agreement was first approved on April 9, 2005 by adoption of Ordinance No. 12-
05 -1834. The Agreement after minor amendment in June 2005 was executed and signed by both the
City and the developer on March 29, 2007. The Agreement was then recorded in the County's Public
Records and filed with the Florida Department of Community Affairs. The required Annual Report
was submitted to the City in 2008, 2009, and 2010. The annual report must be submitted to the City at
least 30 days prior to the annual review date. The effective date of the Agreement is March 29. The
City Commission must review the report at a public meeting.
ANNUAL REPORT SUBMISSION
The 2011 annual report was submitted by the project developer, RRC 57th Avenue, LLC on February
28, 2011. The actual annual report is a three page letter from the developer's attorney Jerry Proctor,
Esq. It is a status report showing that obligations have been met and that there has been compliance
with the major provisions of the Development Agreement. The executed Development Agreement is
attached as part of the report.
ADMINISTRATION RECOMMENDATION
The report meets the compliance requirement of the Development Agreement.
Attachments:
Annual Report Submission: 2 -28 -2011
Red Road Development Agreement
LCH
Y: \Comm Items\2011 \3- 15- 11\RRC 57 Avenue -ANNUAL REPORT - DEV. AGREEMENT\RED Rd Common Annual Report 2010.doc
1
2 RESOLUTION NO.
3
4 A Resolution of the Mayor and City Commission of the City of South Miami, Florida
5 relating to the review and acceptance of the Annual Report of the RRC 57th Avenue LLC
6 on their mixed use development project known as Red Road Commons located at 6600-
7 6640 SW 57th Avenue; said report required by Section 12 of a Development, Agreement
8 executed between the City of South Miami and RRC 57th Avenue LLC by the adoption
9 of Ordinance No. 12 -05 -1834; and providing an effective date.
10
11 WHEREAS, the City Commission at its April 9, 2005 meeting approved Ordinance
12 No. 12 -05 -1834 allowing RRC 57th Avenue LLC to construct a project that includes 404
13 residential units and retail space. The approval included a zoning map amendment granting a
14 PUD -M zoning district, an approval of a master site plan, and the approval of a Development
15 Agreement; and
16
17 WHEREAS, the City Commission approved a Development Agreement for the
18 mixed use development project, known as Red Road Commons on April 9, 2005 via Ordinance
19 No. 12 -05 -1834. which agreement was fully executed and was recorded in the County registry of
20 deeds on March 29, 2007 as required by Section 30 of the Agreement; and
21
22 WHEREAS, the Development Agreement includes the requirement (Section 12)
23 that the Applicant submit an annual report to the City at least 30 days prior to the annual review
24 date which report is a status report showing that obligations have been met and that there has been
25 compliance with the provisions of the Agreement; and
26
27 WHEREAS, the 2011 Annual report was submitted to the City on February 28,
28 2011 from the developer's attorney Jerry Proctor, said report concluding that all of the obligations
29 set forth in the Development Agreement are met; and
30
31 WHEREAS, the annual report in accordance with the Development Agreement
32 must be reviewed by the City Commission at a public meeting and the City Commission may
33 accept the report or if there is a finding by the Commission that there has been a failure to comply
34 with the terms of the Development Agreement, the Agreement may be revoked or modified by the
35 City.
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. The 2011 Annual Report submitted by RRC 57th Avenue, of the property
41 located at located at 6600 -6640 SW 57 Avenue as required by Section 12 (p.7) of the Development
42 Agreement is accepted.
43
44 Section 2. This resolution shall be effective immediately upon being approved.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
2
, day of 2011
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
.j,i �
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
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Y: \Comm Items\2011 \3- 15- 11\RRC 57 Avenue - ANNUAL REPORT - DEV. AGREEMENT \Red
Road Annual Report 2011 Resolution.doc
Bilzin Sumberg
Al T O R N E Y S AT L A W
Via Hand Delivery
Dr. Hector Mirabile, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Dr. Mirabile:
February 25, 2011
Jerry B. Proctor, Esq.
Tel 305.350.2351
Fax 305.351.2250
jproctor @bilzin.com
UR9
Paarning and Zoning
Re: RRC 57th Avenue, LLC
Property: 6600 SW 57 Avenue, City of South Miami
(Folio Number 09 -4025- 026 -0010)
Annual Report of Development Agreement
This law firm represents the owner, RRC 57th Avenue, LLC ( "Owner "), of the property
located of 6600 S.W. 57th Avenue, South Miami, Florida ("Property"). The Property is developed
with a mixed -use community commonly known as "Red Road Commons."
The Owner and the City of South Miami ( "City ") entered into a Development Agreement
( "Agreement ") related to the development of the Property. The Development Agreement, a
copy of which is attached as Exhibit "A ", was recorded in the Public Records on March 29,
2007. In accordance with Section 12 of the Agreement, the Owner is required to submit an
Annual Report to the City. Please accept this correspondence as the Annual Report.
1. Permitted Uses Densities and Intensities. In accordance with the provisions of
the Agreement, the Property was developed with a total of 404 residential units. The
Property shall also be developed with retail and leasing space. Development of the
Property did not exceed five stories and occurred in accordance with the revised
adopted master site plan as approved. The Property was developed in one phase. The
Certificate of Occupancy was issued in December, 2009 (See Exhibit "B "). For
additional information, see the letter dated December 4, 2009, submitted to the City
regarding the status of the Development Agreement. (See Exhibit "C "). This Exhibit
outlines the numerous construction - related requirements in the Agreement, and the
Owner's compliance therewith.
2. Public Facilities: Water and sewer services, solid waste services, and drainage
services complied with all applicable requirements of Miami -Dade County and the
Florida Building Code for any building prior to issuance of a final Certificate of Use and
Occupancy and prior to occupancy of such buildings. The Owner paid $997,895.20 in
one lump sum to the City as its responsibility for meeting park and recreation
concurrency. See Exhibit "D" for a copy of the payment.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 1 "el 305.374.7580 Fax 305.374.7593 www,bitzir..com
Page 2
February 25, 2011
In regard to traffic, the Owner obtained permits from the Florida Department of
Transportation for roadway improvements on Red Road from US -1 to S.W. 66`h Street,
and traffic signal replacement for the intersection located at Red Road and Levante
Avenue. Both projects have been completed. The Owner has completed the remainder
of the traffic improvements listed in the Agreement.
Pursuant to requirements for housing under Section 2(f), the Owner is committed to
renting 10% of the units "to individuals or families in the moderate income segment of
the affordable housing group" — individuals or families who are within 80% to 120% of
Area Median Income for Miami -Dade County. The Area Median Income for Miami -Dade
County is $52,200. At least 10% of the total units rented out will be to individuals or
families with incomes between $41,760 and $62,640 per year. The Owner has
established a reporting structure with the City, by which the Owner will ensure
compliance with the requirements of Section 2(f) throughout the remainder of the
Agreement. The required annual housing report was submitted to the City by letter
dated January 11, 2011. In addition, the Owner has made a $100,000 payment to the
City to assist in low income housing development in the CRA area; this payment was be
made prior to occupancy on the Property.
3. Taxes: Pursuant to this provision of the Agreement, the Owner has paid taxes to the
City of South Miami in an amount equal to the annual Operating Millage Rate and will
continue to do so in the future. The Owner paid 2010 ad valorem taxes to Miami -Dade
County in the amount of $820,934.69. See Exhibit "E ".
4. Work Force: In accordance with the provisions of the Agreement, the Owner gave a
preference to job applicants residing in South Miami provided those applicants with jobs
in the demolition phase.
5. Site Plan. Owner has abided by all site plan conditions as set forth in the Agreement.
In addition, the Owner participated in a joint working group with the First Methodist
Church of South Miami regarding traffic improvements and committed to an
improvement plan for Red Road between the area of the Property and the First United
Methodist Church of South Miami. See Exhibit "F" for a letter from the First United
Methodist Church of South Miami verifying these discussions. The improvements listed
in the letter have been completed.
6. Schools. The Owner donated $34,800 to the Miami -Dade County School Board
( "School Board ") on September 27, 2007. See Exhibit "G" for a copy of the payment.
7. Unity of Title. The Owner submitted a Unity of Title that was recorded in O.R. Book
25496 at Pages 47 -51. See Exhibit "H" for a copy of the Unity of Title.
�,�, BILZIN SUMBERG BAENA PRICE & AXELROD ll.P
Page 3
February 25, 2011
In summary and as documented above, the Owner has diligently pursued and completed
development of the Property and has met or commits to satisfying all of the obligations set forth
in the Agreement.
Thank you for your attention to this matter and please do not hesitate to contact me if
you have any questions or require any additional information.
Sincerely,
Z��
Jerry . Proctor
JBP:id
cc: Lourdes Cabrera, Interim Planning Director
Sandy Youkilis, Planning Consultant
Laurence Feingold, Esq., City Attorney
Ana Barranco
Jim Kelly
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
HIM II11ITIII11111111111111111D1 Ell NN
CFN 2007120328886
OR Bk 254% No o0S2 - 721 (23rss)
RECOROM WM12M 15602,31
WM RMNt CLERK OF CWRT
HIMI -once CD-W"r FLWI0
'rhis instrument prepared under the supervision:
and when recorded return to:
Jerry B. Proctor, Esq.
Bilxin SumDcrg Bantu Price & Axelrod LLP
200 South Biscayne Boulcrard
Suite 2500
Minna, Florida 13111 -2136
DEVELOPMENT AGREEMENT
(Space Reserved for Clerk)
This Development Agreement is made as of this Q?qL' day ofM 'k 2007, by and
between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57'h
Avenue, LLC ( "Applicant ").
Applicant hereby voluntarily makes, declares, and imposes on the property described
below, this agreement tvnning with the title to the land, which shall be binding on and shall inure
to the benefit of die Applicant, successors and assigns, mortgagees, lessees, and against all
persons claiming by, through, or under them until such nine as this Development Agreement
( "Development Agreement ") is released in writing as hereinafter provided;
WHEREAS. Applicany 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 "Property "), and
WHEREAS, on July 22. 2004 Applicant Filed an application with the City to rezone the
Property from TODD ( \41;4) (Transit Oriented Development District) to PUD-M (Planned Unit
Development -Mixed Use), and to obtain site plan approval (the "Application "), and
WHEREAS, the Florida Local Government Development Agreement Act, set forth in
sections 163.3220 — 163.3,243, Florida Statutes, (the "Act') provides for the execution or
development agreements to insure that the law in effect at the time of the execu[ ion of the
development.agreement shall govern the development of the land for the duration of the
agreement.
NOW. THEREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency or which are expressly acknowledged, Applicant and the
City hereby agree as follows.
MIAMI f193W,Ia 73? 021531
i NM EXHIBIT "A„
1. Permitted UsM Densities, and Intensities, Pursuant to the Provisions Of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property wig 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
heigbt.
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.
a 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 sigued,
notwithstanding the provisions of LDC Section 20 -3.7ft 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 20A.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 wncurrency. Payment shall be made on or before receipt of the first
building permit and shag include any interest or carrying cost incurred by the City
until receipt of the payment Interest calculations are indicated on attached
Eidabir "B ", incorporated herein by reference.
e. Traffic- Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate left -tun, 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
1, A 819310.15 7326021531
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Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvenicnts 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 often percent (joy,) 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 analyziog 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 mid Urban Development.. proof 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 lathe City on or before -the issuance of the first eertiticate 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 Cityys
Community Redevelopment Agency area.
3. Tares: 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 Omer shall contribute all amount equal to the Operating Millage Tares
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Owner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami -Dade
County.
4. Work Fore e: 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 ni 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 (I) bids for construction work on the
Propeny, (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.
WAMt 919310.13 7326021531
329707
5. Site plan.
a. Applicant shall retain stormwatar drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
access by public safety vehicles.
c. The entrance at Levante Ave. shall be signalized and approaches installed based
on approval by Miami -Dade County and the State of Florida Department of
Transportation.
d. The exit for the - driveway onto SW 66.Street shall be designed and operated as a
right turn out only driveway. The exit shall be closed with a gate to prevent turn
out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday.
e. Applicant shall provide a minimum of one (1) stop location on site for service by
the NurryCanc shuttle. The shuttle stop locations shall not interfere with SW 57"
Avenue traffic. All HurrCane shuttle passenger pick -ups shall to coordinated
with the City of South Miami sbuule 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 etches on the City's property
between the FPL facility and the South Miami Community Center. The row of
trees to be located on the Citys 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 die 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 arc 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 dttmpsters. The final number and dimensions of service
MIAMI $19110.15 732602M1
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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.
1. All parking and street improvements placed on the public right -of -way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
M. Applicant must limit the types of retail establishments in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City as initial parking plan for
retail stores and shall maintain the allocated number of spaces for each occupant.
B. 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 breakup 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.
I. .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
Streetl, through a combination of parking garage, a small surface lot, and on -site
street parking.
s. The Applicant will commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of south Miami.
The Applicant will present plans for traffic permits indicating travel lanes of 10.5
fact 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.-
MIAMI 01)1 10.15 7326621531
3:24!07
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.
Schools, In an effort to assist public schools located within the City, Applicant
voluntarily agrees to donate 534,800 to the Miami -Dade County School Board
( "School Board "), to be specifically earmarked for capital improvements at public
schools located in the City. The Applicant's donation shall be paid upon the
Issuance of a Certificate of Use and Occupancy for the fast residential unit on the
Property. Decisions shall be made jointly by the City acid 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. Applicar t.'s.donation.maybe.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 schools educational experience. Terms of the
donation and student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20- 3.703)(1), City Code.
NOW THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
S. 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 sball not be the
subject of a downzoning application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by die City that limits the 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, tarnis or restrictions,
9. impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
MIAMI 519310,15 7326D2 1531
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10. Concurrent), and ConsisteneV. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurency
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 concunency 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:
IL Term of LPieeme_nt. The provisions of this Development Agreement shall
become effective upon its recordation in the public records of Wami -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 cxrcnded by mutual consent of all
legal- and .equitable owners of the Property, .and the City Of South. Miami upon
approval at a public hearing.
12. Annual Report and Review. It shall be the responsibility of Applicant to submit
an annual report to the City sufficient to fulfill the requirements as stated in the
provisions of the Act, and Ordinance No. 11 -05- I'833. This agreement shall be
reviewed annually on the anniversary of the effective date of this agreement.
Applicant; or its assign, shall submit an annual report at least 30 days prior to the
annual review date. This report shall contain a section -by- section listing of what
obligations have been met and the date finalized, as good faith compliance with
the terns 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 -clay notice period to begin to cure
the non - compliance, after which the Agreement may be revoked or modified by
tine City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is terminated.
13. A1oditicafion, The provisions of this Development Agreement may be amended,
added to, derogated, deleted, modified, or changed from time to time by recorded
instrument executed by the then owners of the Property and the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD -M development contained in Chapter 20 of the City Land Development
Code,
14. Enforcemeut. 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
M LAM 1819310.15 1326U215.11
329107
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. Inspection, Nothing in this Agreement shall be construed to waive or limit the
Ciry'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. 4utborizatiou 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 itbpr& mebfs 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 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.
1 ?. Representations of the Applicant. Applicant represents to the City as follows
a. The execution, delivery and performance of this Agreement and all other
insuumcnts and agreements executed in connection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant.
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid and binding obligations, enforceable against Applicant in accordance with
its terms.
C, There are no actions, suits or proceedings pending or threatened against or
affecting Applicant before any court or governmental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express terms, and shall take all actions necessary to ensure that this
Agreement shall remain in full force and effect at all times.
C. Applicant has the financial capacity to pay or advance in the City all fees and
payments as required under this Agreement.
18. Severability. If any provision of this Development Agreement or the application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for any reason, this the Development Agreement shall be
MIAMI Ely ?10.15'J?fia ?15M
y'?94p
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparadoo. 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 case of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms are included without limitation as to any other items or terms which may
fall within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. Captions and Headings. Paragraph headings am for convenience only and
shall not be used to construe or interpret this Agreement.
22. .4 livable Caws 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 pemaining to the subject matter hereof shall be exclusively in Miami -
Dade County, Florida.
23. notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the City°
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Copy to:
Planning Director
Planning and Community Development Department
City of South Miami
6130 Sunset Drive
South Miami, FI.33143
rt IAM1 619310.15 7326021531
329/07
For the Applican t:
Irma Abella, Esq.
Central Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, Fl. 33125
Cony to
Jerry 6, Proctor, Esq.
BiWit Sumberg Bama 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 brmcb 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 Benel7ChtU,. This Agreement is exclusively for the benefrt of the
parties hereto and their Affiliates and it may not be enforced by any parry other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the parties hereto.
26. Survival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any
such termuation 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.
23. 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 panics widt respect to the subject matter hereof are contained herein. No other
agreements, covenants, representations, or warranties, express or implied, oral or
written have been made by any party to the other with respect to the subject
matter of this Agreement. All prior and contemporaneous conversations,
MIAMI 8193M.15 732G112t 031 10
32710
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereoL are waivtd,
merged herein and superseded hereby. Each party affirmatively represents that no
promises have been made to that parry 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 Agreennem 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 counterpans, 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 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 42d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
TA' WITNESS V4 "NFREOF, these presents have been executed this c� 9� day of
M (Alt -o S , 2007.
NIAA91 S1931a.15 ?y261)1.1531 77
;;an,uv
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MTAW
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto.
DATED this a 41 . day or &6 "# 2007.
CITY OF SOUTH MIAMI_
By.
Yvonne S me in xnky
City Manager
T—XEST
LEKi
Maria M. Menendez
STATE OF 7z . ,D' )
)COUNTI' OF�a -ua 9
�je forcgoine instnuneni was acknowledged before me this day of N!A4 2007 by
;i't.rnee r r��aY. j1'-'7'r_/j;1rev.of die City of South Miami and attested to by
Mang M. Menendez , City Clerk, of the City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
My Commission Expires:
3-,1 d- 0 00 1
MIAMI sifs. AA44k=.A,ti 7326021531
326/07
Maria
,Notary Pahl ' e tl
�Mnenez --- -
Sign Name:
Print Name: �–� },gadg M. Menendez
Serial No. (None, if blank):
[NOTARIAL SEAL)
iy�wr��q�(a MARIA M. M I onvim
'J W M'CPMESIY Yea Tl1VIH
�'i'criT EYP,RES: Mrp„4, s'COB
1'Wi:�i2PllT" F M.LY \Mlw� $
12 �.
IN WITNESS WHE, OF, the undersigned party has agreed to this Development
Agreement dated as of theWday of- a4aE —, 2007.
W sses:
QUO,o
Print Name:. 1-r"(t4 11 ` AE3aLR
Print Name: 1`'"'14 1
STATE OF FLORIDA
RRC 57T" Avenue, LLC, a Florida
limited liability company
By: University of Miami, a Florida non - profit
-corporation, its s e m nr ber
yl
lame: Joseph Natoli
Title: Senior) ice President for Business
and Finance
COUNTY OF MIAMI -DADS)
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 non -profit corporation, the Sole Member of RRC 57"' Avenue, LLC, a
Florida limited liability company. 11;/She is personally known to me or has produced a State of
driver's license as identification.
Sign Name: Aif Print Name: in My Cvnunission Expires: 0 U, &' B_ L.�.C_ R 1 Serial No. (nk): � (i��� i
[NOTARY SEAL]
osn r vuaucsTm Of mitt
Melody M.
W '; lCn,,111100 Y DD589911
�,* gryves 0a.. 10, 2010
BOh'arn taRl' Nf1. \T1C BOFDiN4 CA.L`t.
MIAMI 819310.13 732602031 13
3n8107
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WalIBIT "A"
Inal Desatiptlon
Patel l;
Ail of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, 4P3
recorded in Flat Book 35, at Page 72, of the Public Records of hTami -Dada County, Florida, less
the South 4 ?5.657 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 Bast 325 feet, and iass also tho Bast
75 feet of the West 175 feet of the South 125 feet of said Tract.
the East ast
Tha 75 feet of fhe West 175 feet of the South 125 feet of Trad'1, of RBViSP,D PLA2 OF
FERlr,A OOD, according to the Plat thereof, as. retarded in Plat Book 35, at Pago 72, of tle
Public Records of Miami -Dade County, Florida ..
Po:
Tht e North 132 feet of the SE' /, of the NE' /. of the SE' /, -of Section ZS,.Towm}up. $9 SotT6t, ,
Range 40 Fast, less the North 25 feet of the North 132 foot of the SE' /, of the Ism % of the SEA 'A
of Section 25, Township 54 South, Range 40 East.
paoej 4
That pert oftho 5E' /, of the NE'% of the SE % of Sa.ta, 25, Township 54 South, Rengo 40 East
described as follows: ..
Begin at the-SE coma of said SE Y, of the NE'/, of the BE ' /.; tienoe net lV '05 t along ilia `South
line of said SE' /. of the NE Y, of the SE % for a distance of 185 feet for a Point of BO&MMM
thence 'nm North parallel to. the Fast line of said SE' /4 of the NE Y. of'the SE' /, foi a distm=c f
150 f6a; thence run West parallel to the South line of said SE Y. of the NE' /. of the SE Y. for',a
distance of log feet; thence run, paraUcl to the East line of said SS' /, of the NM 'A of the SE Y. for
e distance of 150 feet to the South line of said SE V4 of the NE Y. of the SE Y.; thence' run East
along said South Unc of the SE' /., of the NE % of the SE Y. fora distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.. '
Parcel 5:
Ile North 180 feet of the South 330 feet of the East 150, feet of Tmot 1, of REVISES? FLAT OF
FERNWOOD, according to the Platt thereof, as recorded in, Plat Book 35, at Pap 72, of the
Pub& Records of Marpi -Dade County, Florida.
Par e16: '
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat th0c*t ae
recorded in Plat Book 35, of Page 72, of The Public Records.of Miami -Dade County, Flotidq
more particularly described as follows:
That part of the Souiheut Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows;
Begin at the Souiheebt oonrcr of' said Southeast Quarter of Northeast Quarter of Soufoeast
0
WAYZ 1258979.17x32426731
OR BK 254T6 PG OOSI
LAST PAGE
Quarter, thence run West along the South line of said Southeast Querl -i of Nortlieast`Qusrter of
SoutDean Quarter for a distmoe of 285 feet for POM OF MU NNTAQ, thm= nzo- N"M
: - parallel to Fast line of said Southeast Quarter.ofNortbeast Quarter of Southeast Quarter 150 fee '
theucp run Wast parallel ¢o South lint of said Southeast Quarto of Mrthrast Qmriw' Of
Souteast Quarter 75 fect; thmoe run Souib parallel to the East lint of said Southeast Quarter of
Northraat Quarter of Southeast Quarter. 150 feet to the South line of said Southeast Quarter of '
Northeast Quarter of Southeast Quarter, thmee Bast along said South lint of the Southeast
Quarter of Nortbesst Quark, of Southeast Quarter for a distanca of 75 feet to the POINT OF
BBC&MG, LESS the South 25 fcct for public road
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Bilzin Sumberg
AT T C,RN EYS AT LAIN
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fay. 305.351.2250
1proctortgI bllain.eom
December 4, 2009
Via Hand Delivery
Mr. Thomas Vageline
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Development Agreement
"Red Road Commons" Project
Dear Mr. Vageline:
Thank you for meeting with the development and management team from Wood
Partners on Monday, November 16 to discuss the Development Agreement for "Red Road
Commons ".' This response will address the permitted and required items in the Development
Agreement, and the current status.
Please note:
1. Permitted Uses, Densities and Intensities:
o Item (a.) The Property was developed with a total of 404 units as shown on the
approved permit drawing set,
o Item (b.)The Property was developed with approximately 10,000 plus sq ft of retail
space and a Leasing Office located in Building E as shown on approved permit
drawing set.
o Item (c.) The Property was developed with a maximum of 5 stories in height as
shown on approved permit drawing set.
o Item (d.) The Property was developed in substantial accordance with the adopted
master site plan on file at the City, including elevations, architectural features and
I/ The Project location will be referred to as the "Property" in this report, and the Property owner, RRC 57" Avenue,
LLC, will be referred to as "RRC ". Attachments to this letter are marked to correspond with the Item numbers listed
in the letter. I have also attached a copy of the recorded Development Agreement.
GXi3fBIT „C„ MIAM1200104&27743027649
12/4/09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Te1305.374.7580 Fax 305.374.7593
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 2
estimated square footages pursuant to Section 20.3 -7, City Code. The City
Manager approved minor modifications to the site plan in 2007, prior to
development of the Property, and in 2009 to accommodate the placement of
bicycle racks on the Property.
• Item (e.) The Property was developed in one Phase.
• Item (f.) RRC applied for a building permit within six (6) months of execution of
the Development Agreement.
2. Public Facilities:
o Item (a.) Water and Sewer asbuilts were issued to Jose Olivo, Public Works Dept.,
on Wednesday November 19", 2009. (Transmittal attached). SW 66 and SW 68
street Drainage asbuilts were issued on November 20i1i, 2009. (Transmittal
attached)
• Item (b.) Attached is the agreement between Red Road Commons and All
Services from Dade County, including service frequency and permitting.
• Item (c.) Drainage services were constructed as per approved permit drawings
and inspected by the City of South Miami.
• Item (d.) Payment in the amount of $997,895.20 was made to the City of South
Miami. A copy of the check is attached.
• Item (e.) FDOT plans, permits and record of final inspections from FDOT and
MDC were issued to Jose Olivo, Public Works Dept., on November W, 2009.
(Transmittal attached)
• Item (f.) A compliance report will be submitted to the Interim City Manager in
January, 2010 as required by the Development Agreement. The initial $100,000
payment to the City was made (copy of check attached).
3. Taxes; No tax exemptions has been filed. Taxes have and will be paid as required.
4. Work Force:.A compliance report will be submitted to the Interim City Manager in
January, 2010 as required by the Development Agreement,
5. Site Plan:
• Item (a.) Attached is a copy of the FDEP agency permit with records of Inspection.
o Item (b.) RRC has secured all building entrances, elevators and gates with FOB
key and transponders issued to all residents. Coordination of emergency vehicles
has also been taken seriously. RRC has met with the City of South Miami Police
MIAMI 2001048.2 7743027644
12n /09
�. BILZIN SUMBERG BAENA PRICE 8 AXELROD LLP
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 3
Dept and issued 50 FOB keys and Transponders which all their on duty officers
and vehicles will carry in case of any emergencies. (See attached spreadsheet
and communication). Additionally, RRC has met with Dade County Fire
Department and addressed emergency team access by installing Knox Boxes in
all gates and SupraMax Rapid Response Systems boxes in all points of entry to
the buildings, including appropriate signage (see attached sign examples). The
RRC Leasing office is ready to respond to any emergency during working hours
from Monday through Saturday and has part time police officers and the
maintenance manager living on the premises which are ready to respond to any
after hour emergencies.
o Item (c.) Development attachments were issued to Jose Oliva, Public Works
Dept., under Item number 2(e).
o Item (d.) The Property was developed with control access gates as shown on
...approved.permit drawings. sheet.C5.1. (Architectural blow up included for clarity)
o Items (e.) Record plan sheet, drawing C5.1 rev. 20 was issued to Jose Olivo,
Public Works Dept., on November 191h, 2009. (Transmittal attached).
• Items (f) Record plan sheets per City - approved revision 18 including email dated
October 10", 2008 confirming Landscape lay -out and additions were issued to
Jose Oliva, Public Works Dept., on November 19", 2009. (Transmittal attached)
• Item (g.) A six (6) ft tall CBS wall was constructed per city approved plans revision
#2.
o Item (h.) Attached is a letter from Laramar Communities, LLC (Asset Company)
with a brief summary of how employee parking is assigned and enforced.
Additionally please see attached documentation from Hector Rabi, City of South
Miami, showing all approved occupational license numbers.
• Item (I.) Master Signage was provided and approved by the City of South Miami.
• item Q.) A 3`d party lighting consultant has been hired and a final report will be
issued within 30 working days.
• Item (k.) Refuse areas have been constructed to accommodate adequate
dumpsters. Drawings have been approved by ERPB and constructed as such. All
Services (solid waste company) is functioning efficiently and with no complaints.
• Item (I.) No FDOT Maintenance Bond was required. A letter from David Plummer
& Associates was issued to Jose Olive, Public Works Dept., on November 19'h,
2009. (Transmittal attached under Item #2a)
MIAMI 2001048.2 7743027649
1214/09
"' eILZIN SUMBERG BAENA PRICE 8. AX£LROD LLP
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 4
• item (m.) Retail establishment parking has been approved as shown on Permit
plan set sheet E -A3.01 revision 14. The allocated number of spaces will be
maintained as required by Laramar Communities, LLC.
• Item (n.) Sidewalks have been installed per the adopted site plans.
• Item (o) The Paseo on the North side has been constructed has per the
approved, amended Site Plan.
• Item (p.) Civil drawings C5.1 (rev 20) attached shows a total of ,6 Loading Zones
as approved by the City of South Miami.
o Item (q.) On- Street parking on SW 66 Street was eliminated by the City. Final
construction was built per approved City of South Miami Permit drawings.
• Item (r.) There are now 958 parking spaces serving the development. This total
was ratified by City staff and the City Commission as part of the most recent minor
plan modification approval and a subsequent ordinance adopted by the City
Commission on November 17, 2009.
• Item (s.) A letter from David Plummer & Associates was issued to Jose Olivo,
Public Works Dept., on November le, 2009. (Transmittal attached under Item
#2a)
• Item (t.) City of South Miami will monitor from time to time on a complaint driven
basis. This requirement came about because of a rooftop pool /recreational design
on top of the parking garage in the original development design and noise
concerns about this arrangement by City staff. This design was modified by RRC,
and recreational space is now located inside buildings
• Item (u.) On March 27, 2008 a contract was executed between Coastal
Construction and Denison Parking at Shops at Sunset for a total of 100 parking
spaces and later expanding to a total of 170 spaces to accommodate additional
Construction vehicles.
6. Schools: The attached $34,800 payment was made to the School Board in 2007.
7. Unity of Title: A Unity of Title for the Property was recorded in 2007. A copy is
attached.
MIAMI 2001048.2 7743027649
12/4/09
.. BILZIN SUMSERG SAENA PRICE & AXELROD LLP
Mr. Thomas Vageline
City of South Miami
December 4, 2009
Page 5
Thank you for your cooperation. If you have any questions, please give me a call.
Sincerely, _ O
Jerry B. Proctor
c: Roger Carlton, Acting City Manager
Jay Jacobson
Rolando Jaime
MIAMI 2001048.2 7747027649
12/4/09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
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EXHIBIT "D"
Page I of
Page t of I
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EXHIBIT "D"
Page I of
Page t of I
Miami -Dade County, Real Estate Tax Information
Page 1 of 1
Detail Tax Information:
Mailing information:
FRO 57TH AVENUE LLC
WOOD RED RD LLC
2600 NORTH MILITARY TRAIL 610D
BOCA RATON FL 33431
Legal Description:
FERNWOOD REV PB 35 -72
TR 1 LESS 8475.657FT OF W10OFT &
& LESS E750FT OF S15OFT & N132FT
OF SE1 14 OF NE1 /4 OF SE1 /4 LESS
To view 2 10 0 Tax Notice /Memorandum 6I1qk here
2010 Taxes are maid status.
Amounts due are subject to change without notice.
E -Mail:
DrODta%(-
m amidade.00v
(305)270.4916
Downtown Office:
140 W Fiagler St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fri
Related Links:
Tax Collector
Property Appraiser
Florida State De of
Revenue
Prot♦ —erty Tax Home I Real Estate Tax Into 0010 Taxes (Pr or Years 1 3010 Non -Ad V orer�r
y.0y0 B.ack Assessments 1 2.010 Ente r se Flo tq 1 2010 halod- _g9eMADIs 1 2017 Ouarteriy�@ymg�s �_
30_1QJ@x otice_�tnora -um
`T-Dag"HQmg Uad" OMBAH I About l PO.QRQl?1LQQ14CY. I Pnvacv I pisQlPim_aC
4[
® 2002 Mlaml -Dade County.
All rights reserved. E -mail your comments, questions and suggestions to Webmaater
Exhibit "E"
http: / /egvsys.miamidadt.gov: 1608 /wwwsery /ggvt/txcaw0l.dia ?folio= 0940250260010 2/25/2011
Real Estate Tax Information
Show Me:
Tax
Property Taxes
Today's Date: 02/25/2011 Last Update: 02123/2011 Year: 2010
folio Number: 09 40250260010 SOUTH MIAMI
Search B
Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC
Select Item -
Property Address: 6600 SW 57 AVE D
Detail Tax Information:
Mailing information:
FRO 57TH AVENUE LLC
WOOD RED RD LLC
2600 NORTH MILITARY TRAIL 610D
BOCA RATON FL 33431
Legal Description:
FERNWOOD REV PB 35 -72
TR 1 LESS 8475.657FT OF W10OFT &
& LESS E750FT OF S15OFT & N132FT
OF SE1 14 OF NE1 /4 OF SE1 /4 LESS
To view 2 10 0 Tax Notice /Memorandum 6I1qk here
2010 Taxes are maid status.
Amounts due are subject to change without notice.
E -Mail:
DrODta%(-
m amidade.00v
(305)270.4916
Downtown Office:
140 W Fiagler St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fri
Related Links:
Tax Collector
Property Appraiser
Florida State De of
Revenue
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® 2002 Mlaml -Dade County.
All rights reserved. E -mail your comments, questions and suggestions to Webmaater
Exhibit "E"
http: / /egvsys.miamidadt.gov: 1608 /wwwsery /ggvt/txcaw0l.dia ?folio= 0940250260010 2/25/2011
Miami -Dade County. Real Estate Tax Information
Page I of 1
Show Me: 2010 Taxes Tax
Property Taxes
� Today's Date: 02/25/2011 Last Update: 02123 /2011 Year: 2010
Folio Number: 09 40250260010 SOUTH MIAMI
Search B : Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC
Select Item ('`. Property Address: 6600 SW 57 AVE D
Detail Tax Information:
To view 2010 Tax Notice /Memorandum click here
Gross Total Taxes:
Ad Valorem 855140.30
Total Gross: 855140.30
2010 Taxes are in paid status.
Payments Applied To 2010 Taxes:
Date Applied Register /Receipt
11/29/2010 6012/0001630
E -Mail:
proptax
miamidade gov
(305) 270 -4916
Downtown Office:
140 W Flagler St.,
Room 101
Miami, FL 33130
Office Hours:
Mon - Fri
Related Links:
Tax Collector
Amount Paid Property Appraiser
820934.69 Florida State Dept of
Revenue
Amounts due are subject to change without notice.
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® 2002 Miami -Dade County.
All rights reserved. E -mail your comments, questions and suggestions to Web AU
http: / /egvsys.miamidade.gov :14608 /wwwsery /ggvt/txcaw02.dia ?folio = 0940250260010 2/25/2011
January 23, 2008
Mr. Julian Petri
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Red Road Commons PropettyRreject
SW Corner of Read Road and S.W. 66e Street, South Miami
Dear Julian
To fulfill the requirements of the Development Agreement for the Red Road Commons
project, First United Methodist Church of South Miami has worked with representatives of Red
Road Commons and reached and agreement on the attached roadway improvements to Red Road
between the Cburch property and the development parcel. The developer has committed to these
improvements along Red Road, at their expense, for the safety and betterment of the community
and our congregation. Accordingly, First United Methodist Church of South Miami is pleased to
endorse these improvements, and verify that the developer has met the spirit and letter of the
Agreement between parties given that the completion of the project will entail each of the items
described. I thank the developers and the City of South Miand for the spirit of cooperatidm,
which undoubtedly will lead to a better community.
Please feel free to contact me should the need arise.
Sincerely,
Thomas .Nelson, Pastor
First United Methodist Church of South Miami
Cc: Mayor Horace G. Feliu, City of South Miami
Jerry B. Proctor, F.sq.
Alexis Stilwell, Chair, Trustees/First UMC of South Miami
Victor Dover
EXHIBIT ,F"
1
RED ROAD COMMONS
Red Road Improvements
1. Push -button "all pedestrian" crosswalk signal phase on
Red Road at Levante Avenue.
2. Better street striping — pedestrian crosswalk between
Church and project.
3. Better pedestrian signals with countdown features.
4. New pedestrian ramps — Levante Avenue and Red Road
Improved safety, better handicapped accessibility.
5. Shorter pedestrian crossing distance.
6. Additional curbing /sidewalk area on east side of Red
Road at Levante Avenue.
7, Landscaped Median on Red Road between US 1 and
Ponce de Leon Boulevard.
MIAMI 1457358.1 7743087649
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September 27,2007
Via band Derivery
Ms. Corina Esquliarosa
Facilities Planning, Miami -Dade County School Board
1450 NE 2 Avenue, Suite 525
Miami, FI 33130
Re: "Red Road Commons" Development
Property: 6600 and 6640 SW 57 Avenue and 5757 SW 68 Street, City of
South Miami
Dear Ms. Esquijarosa:
Pursuant to Clause 6 in the attached Development Agreement for the "Red Road
Commons" development, enclosed please find a check to the Miami-Dade County School Board
in the amount of $34,800.00. Please confirm in writing that this payment satisfies the -condition
of the Development Agreement and any building permit requirements of the School Board on-
this matter.
Thank you for your cooperation.
JBP:id
cc: Jay Jacobson (w /end.)
Tia Jessee (wlend.)
Julian Perez, City of South Miami Wend.)
MIAMI 1415967.11/43027679
9127/07 4:37 PM
..• .,,..ocwn vPCruP PA10f & A%ELNOO LLP
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Sincerely,
Jeny B. Proctor
.f .
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P000000060v' i:O6100022 ?i:20000 3 50 409 2 3M
This instrument prepared by:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
Zoo South Biscayne Boulevard, Suite 2500
Miami, Florida 33131 -5340
UNITY OF TITLE
111l111!!1!i Illli Il!l1411i11l111 till!lill lltli
CFN 200780328865
OR 6k 2$496 Pas 0047 - 51; (Spas)
RECORDED 0.3/30 /2007 ISZ02931
HARVEY RUVIRr CLERK, OF COURT
014111 -DADE COUHTYr FLORiOA
fSpace Reserved for Clcrk of Court)
This Unity of Title made and executed this a day of VN_ uvr , 2007, by RRC
57' Avenue, LLC, a Florida limited liability company.
WHEREAS, the undersigned is the Owner of that property described as:
6600 -6640 SW 57 Avenue
Folio No.: 09.4025- 026 -0010
Folio No.: 09- 4025 - 026 -0020
Folio No.: 09-4025 -026 -0030
and 5757 SW 66 Street
Folio No.: 09A025 -026 -0060
Legal Description: See Exhibit "A" attached and made a part hereof.
Owner recognizes and acknowledges that for the public health, welfare, safety or
morals, the herein - described property should not be divided into separate parcels
owned by several owners so long as the same is part to the hereinafter use, and
In consideration of $10.00 and for other good and valuable consideration, Owner
hereby agrees to restrict the use of the subject property in the following manner.
That said property shall be considered as one plot, and parcel of
land and that no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety
as one plat or parcel of land.
Owner further agrees that this condition, restriction and limitation shall be
deemed a covenant running with the land and may be recorded, at Owner's expense, in
the Public Records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner, their heirs, successors, personal representatives
and assigns and upon all mortgagees or lessees until such time as the same may be
released in writing, after approval by resolution passed and adopted by the City
Commission, after public hearing, and executed by the City Manager and City Clerk.
EXHIBIT "H"
Unity of Tide
Page Z
The release of the Unity of Title is contingent upon a cessation of the conditions and/or
criteria which originally required the execution of the subject Unity of Title.
[Execution Pages Follow]
Unity of Title
Page 3
M
Signed, witnessed, executed and acknowledged on this 'a _ day of
lua'v�n , 2007.
IN WITNESS WHEREOF, RRC 57"' Avenue, LLC has caused these presents to
be signed in its name by its property officials.
WITNESSES: RRC 57N Avenue, LLC
N � ti ���.
STATE OF FLORIDA
SS:
By: University of Miami, a Florida not
for profit corporation, its sole
member
By: 4 r
Nam seph 7, atoll
Title: enior ice President for
Business and Finance
COUNTY OF MIAMI -DADE )
T f regoing instrument was acknowledged before me this C�yday of
_ 2007, by Joseph T. Natoli as Senior Vice President for
Susi ss and Finance, of University of Miami, a Florida not for profit corporation, the
sole member of RRC 57th Avenue, a Florida limited liability company, who (check one)
] are personally known to me or { ✓ j have produced
My Commission Expires:
NOTARY FUSUC SWE OF FLORIDA
r "" "•. Melody M. snifth
`Commisdou R DDS89811
EVilt OCT 10, 2010
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