5CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and City Commission
Via: Steven 1. Alexander, City Manager
From: Christopher Brimo, AICP "N tI /
Planning Director cA/
Date: February 27, 2013
SUBJECT:
ITEM No. S --...;;:;;....---
A Resolution relating to the review and acceptance of the Annual Housing Report of the
RRC 57 Avenue LLC [Red Road Commons], on their mixed-use development project
located at 6700 SW 57 Avenue; said report required by section 2f of the Development
Agreement between the City of South Miami and RRC 57 Avenue LLC by the adoption of
Ordinance No. 12-05-1834.
SUMMARY
The City Commission at its April 5, 2005 meeting approved Ordinance No. 12-05-1834
allowing for a Planned Unit Development, Mixed-Use project known as Red Road
Commons located at 6600-6640 SW 57 Avenue, to be constructed that included up to 407
multi-family residential units, retail uses, office uses and a parking garage. Pursuant to
the requirements of the Development Agreement between the City of South Miami and
RRC 57th Avenue LLC, executed March 29, 2007, the developer's legal counsel
submitted their annual report on the Moderate Income Housing requirement of the
agreement.
Section 2f of the Agreement stipulates that" ... ten percent (10%) of the units will rent to
individuals or families in the moderate income segment of the affordable housing
group ... ". The 2012 area median income for Miami-Dade County was $52,600.
The property was developed with a total of 404 units. Based on the information provided
by the owners representative, 390 units were leased as of December 31, 2012.
Additionally, the report contains the Affordable Housing Compliance Report for the year
ending December 31, 2012, which indicates that a total of 40 units are currently rented to
individuals and/or families that qualify within the moderate income group. Based on the
total number of units rented as of December 31, 2012, the Development is in compliance
with the provision of Section 2f of the Agreement.
Backup Documentation:
• Resolution
• Housing Report Letter and List of Units
• Development Agreement Dated March 29, 2007
Z:\Commission items\20 13\3-5-13\RRC 57 AVE _ 2013 Annual Housing Report\RRC Housing Report_ CM Report _2-27 -13.docx
2001
1 RESOLUTION NO. ____ _
2
3 A Resolution relating to the review and acceptance of the Annual Housing Report of
4 the RRC 57 Avenue LLC [Red Road Commons], on their mixed-use development
5 project located at 6700 SW 57 Avenue; said report required by section 2f of the
6 Development Agreement between the City of South Miami and RRC 57 Avenue
7 LLC by the adoption of Ordinance No. 12-05-1834.
8
9 WHEREAS, the owners and operators of the Red Road Commons development, pursuant to the
10 Development Agreement dated March 29, 2007, between the City of South Miami and RRC 57 Avenue
11 LLC, is required to submit an annual housing report to the City Manager; and
12
13 WHEREAS, the development agreement Section 2f stipulates that a minimum of ten percent
14 (10%) of the residential on the property will rent to individuals or families in the Moderate Income
15 Segment of the affordable housing group; and
16
17 WHEREAS, as 2012 area median income for Miami-Dade County was $52,600; and
18
19 WHEREAS, the December 31,2012 report delivered to the planning department by Red Road
20 Commons, shows that 390 units were rented, of which 40 units were rented to individuals or families that
21 qualify within the Moderate Income Segment, according to the report; and
22
23 WHEREAS, the Planning Department reviewed the Annual Housing Report and finds that it is in
24 compliance with the provision of Section 2f of the Development Agreement, based on the data reflected
25 in the report.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. The Annual Housing Report for the Red Road Commons development submitted on
31 January 14,2013 is hereby accepted by the City Commission for the calendar year 2012 based on the
32 assumption that the data reflected in the report is correct and without waiving the City's right to
33 investigate the truth of the representation made in the report at some future date.
34
35 Section 2. This resolution shall be effective immediately upon being approved.
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PASSED AND ADOPTED this __ , day of ___ , 2013.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Bilzin SU111berg
TT F<NEY ji·,T L
Via Hand Delivery
Mr. Steven Alexander
Interim City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: "Red Road Commons"
Property: 6600 SW 57 Avenue, South Miami, FL
Housing Report
Dear Mr. Alexander:
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax' 305.351.2250
jproctor@bilzin.com
January 14, 2013
RECEIVED
JAN 1 5 2013
PIen!Hng and Zoning
DePartment
Our firm represents the owners and operators of the "Red Road Commons" mixed use
development at 6600 SW 57 Avenue (the "Property") in the City of South Miami.
Pursuant to the Development Agreement between the City of South Miami and RRC 5ih
Avenue, LLC, 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. 1
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 $52,600, as
determined by U.S. Housing and Urban Development in Fiscal Year 2012. 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 $42,080 per year
and $63,120 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
11 I have also attached an "Amendment to Development Agreement," recorded on March 25,2010, that did not
amend the housing component of the Development Agreement.
MIAMI 3500892.1 77430/27649
1115113
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 305.374.7580 Fax 305.374.7593
Steven Alexander.
City of South Miami
January 14, 2013
Page 2
Agreement.2 As of December 31, 2012, 390 units in "Red Road Commons" were rented out;
accordingly, the attached list of units and incomes complies with the 10% requirement.
I trust this submittal complies with the annual housing requirement in the Development
Agreement. Please give me a call if you have any questions.
Sincerely,
/;/ -/ -/.J ~ C /(.'\c? ~~" I /~
I/~ f Jerry B. Proctor
r
JBP: id
c: Maria Menendez, City Clerk, City of South Miami (w/encl.)
Christopher Brimo, AICP, Planning Director, City of South Miami (w/encl.)
Thomas Pepe, Esq., City Attorney, City of South Miami (w/encl.)
Nicole Kline, Property Manager, Red Road Commons (w/encl.)
2/Residents in Units A-312 and 8-525 are continuing past lease expirations on a month-to-month basis.
MIAMI 3500892.1 77430127649
1115113
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
This instrument prepared under the supervision:
and when recorded return to:
Jeny B. Proctor, Esq.
Bilzin Sumbcrg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
)'vliami, Florida 33131-2336
DEVELOPMENT AGREEMENT
1IIIIIUIIII:HIlIIfIIIIlIIUIIIUlllllfU 111,· .
CFN 2007R0328S86
OR Sk 2549.6 Pu. 0052 -72; (21p9s)
RECORDED 03/30/2007 15:02:31
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this aPIt'J.1 day ofMayc-h, 2007, by and
betvv'een The City of South Miami, Florida, a municipal corporation ("City") and RRC 57 th
Avenue, LLC ("Applicant").
Applicant hereby voluntarily makes, declares, and imposes on the property described
below, this agreement nnming with the title to the land, which shall be binding on and shall inure
to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all
persons claiming by, through, or under them until such time as this Development Agreement
("Development Agreement") is released in writing as hereinafter provided;
WHERE4S, Applicant owns the property in the City, in Miami-Dade County, Florida,
legally described on Exhibit "A", also known as 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property"), and
WHEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (MU-4) (Transit Oriented Development District) to PUD-M (Planned Unit
Development-Mixed Use), and to obtain site plan approval (the "Application"), and
WHEREAS, the Florida Local Govemment 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, THEREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
City hereby agree as follmvs:
fvllAMI 819310.15 7326021531
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1. Permitted Uses, Densities. and Intensities. Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more than 407 residential units on the Property.
b. The Property shal1 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 20-4.1 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 ofa final Certificate of Use and Occupancy.
c. Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donate $928,000 in one lump sum as its responsibility for meeting park and
recreation concurrency. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit liB", incorporated herein by reference.
e. Traffic-Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate left-turn, northbound entrance lane on Red
Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on
the Property, prior to the occupancy of any buildings on the Property. In addition,
Applicant will present plans within two (2) years after the recording of this
MIAMI 819310.15 7326021531
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2
, .... ,
Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvements and landscaping in the center of Red Road (SW 57
Avenue) directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and constnlct the beautification improvements.
f. Housing -A requirement 0 f ten percent (l 0%) of the units wi 11 rent to individuals
or families in the moderate income segment of the affordable housing group. If
the residential units convert to condominiums, ten percent (10%) of the units will
be sold to individuals or families in the moderate income segment of the
affordable housing group. In analyzing compliance with this paragraph, the City
sha1l allow minor deviations resulting from sh0l1-term vacancies. Incomes sha1l
be based on Area Median Income (AMI), as defined by the U.S. Depatiment of
Housing and Urban Development. Proof of Compliance with this requirement on
an aIlliual basis shall be provided in \vriting on or before January 15 of the
following year to the City Manager. In addition, the Applicant shall make a
payment of$100,000 to the City on or before the issuance of the first certificate of
use and occupancy for the development on the Property, to be placed in a City
trust fund to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
3. Taxes: Applicant agrees to pay aU taxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Propeliy Owner receives an
exemption for paying Operating Millage Taxes fr0111 Miami-Dade County, the
Property Owner shall contribute an amount equal to the Operating Millage Taxes
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Owner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami-Dade
County.
4. Work Force: In an effort to enhance job opportumtles for local CItIzens,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
of South Miami, or a substitute designee by the City Manager, prior to or
concurrent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or pennanent 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 fyom the City of South Miami, provided such
candidates are qualified for the positions in question. In addition, the Applicant
shall hire two residents fyom 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.
lvl.tAMI 819310.15 7J26021531
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3
5. Site Plan.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
access by public safety vehicles.
c. The entrance at Levante Ave. shall be signalized and approaches installed based
on approval by Miami-Dade County and the State of Florida Department of
Transportation.
d. The exit for the driveway onto SW 66 Street shall be designed and operated as a
right tum out only driveway. The exit shall be closed with a gate to prevent tum
out between the hours of7:00 A.M. and 10:00 A.M., Monday through Friday.
c. Applicant shall provide a minimum of one (1) stop location on site for service by
the HurryCane shuttle. The shuttle stop locations shall not interfere with SW sill
Avenue traffic. All HurryCane shuttle passenger pick-ups shall be coordinated
with the City of South Miami shuttle pick-ups to minimize traffic impacts.
f. Applicant shall provide and maintain landscaping acceptable to the City between
the FPL facility and the garage. The applicant must provide a row of 12' high
trees with trunk circumferences not less than 6 inches on the City's property
between the FPL facility and the South Miami 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 unifonn in appearance ane! consist of not less
than 25 trees in the row.
g. Applicant shall provide and maintain a six-foot high CBS wall between the
project and the remaining service station.
h. Employee parking shall be restricted to the garage and it shall be the developer's
or his assign's responsibility to submit with each occupational license proof that
employees are Lltilizing the assigned parking.
I. Applicant shall provide a master signage plan for project identification, tratIic,
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 tl1at the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
MIAMJ 819310.15 7326021531
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4
areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Development Agreement prior to final approval of the Development Agreement.
I. All parking and street improvements placed on the public right-of-way on SW 57
A venue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to pennit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
m. Applicant must limit the types of retail establishments in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City an initial parking plan for
retail stores and shall maintain the allocated number of spaces for each occupant.
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o. Applicant shall open up the paseo on the n01ih side as shown on the amended site
plan, as approved by the Planning Board, in order to break up the long facade of
the residential building.
p. Applicant and the City shall agree on the number oflocations of the loading zones
prior to the final approval of the Development Agreement. The dimensions and
locations of the loading zones shall be attached as an exhibit to the Development
Agreement.
q. Applicant understands and agrees that the City may eliminate the on~street
parking spaces located on SW 66 Street.
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5q, requiring removal of on~street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on-site
street parking.
s. The Applicant will commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic pem1its indicating travel lanes of 10.5
feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Property
and the First United Methodist Church to the east, subject to the approval of
Miami-Dade County and the State of Florida Department of Transportation.
MIAJ'v11 8J93JO,15 7326021531
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5
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 County School Board
CSchooJ Board"), to be specifically earmarked for capital improvements at public
schools located in the City. The Applicant's donation shall be paid upon the
issuance of a Certificate of Use and Occupancy for the first residential unit on the
Property. Decisions shall be made jointly by the City and School Board, and
funds must be spent within two (2) years of the donation. In the event that no
capital improvements can be identified or agreed upon for the expenditure of the
funds within the two year period, the Applicant's donation may be utilized to fund
programs, purchase materials (such as additional computers) or in any manner
that the School Board and the City detern1ines will enhance the curriculum and
the students' attending the subject school's educational experience. Tenns of the
donation and student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
7. Unity of Title~ Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20-3.7(B)(1), City Code.
NOW THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
8. Vesting. As long as the development on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the execution of the Development Agreement as well as
other requirements imposed by the City Commission upon the ratification of the
rezoning or the site plan approval on the Property, the Property shall not be the
subject of a downzoning application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by the City that limits the development contemplated by this Agreement
and depicted in the Master Plan. Any failure by this Agreement to address a
particular permit, condition, tem1 or restriction shall not relieve the Applicant of
the necessity. of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
9. Impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
MIMvl1819310.157326021531
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6
10. Concurrency and Consistency. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20-4.1, City Code. By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20-4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11. Term of Agreement. The provisions of this Development Agreement shall
become effective upon its recordation in the public records of Miami-Dade
County, Florida, and shall continue in effect for a period often (10) years after the
date of such recordation, after which it may be extended by mutual consent of all
legal and equitable owners of the Property, and the City of South Miami upon
approval at a public hearing.
12. Annual Report and Review. It shall be the 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. 11-05-1833. This agreement shall be
reviewed annually on the anniversary of the effective date of this agreement.
Applicant, or its assign, shall submit an anmial 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 te11115 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 telms of the
Deve10pment 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 IS-day notice period to begin to cure
the non-compliance, after which the Agreement may be revoked or modified by
the City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is tem1inated.
13. Modification. The provisions of this Development Agreement may be amended,
added to, derogated, deleted, modified, or changed from time to time by recorded
instrument executed by the then owners of the Property and the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD-M development contained in Chapter 20 of the City Land Development
Code.
14. Enforcement. The City, its successor or assigns, and the Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs and
MIAMI 819310.157326021531
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7
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
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 llse of the premises to determine whether the Property complies
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and Inspections. In the event the
Applicant(s) is/are obligated to make payments or improvements under the tem1S
of this Development Agreement and suc.h payments are not made as required, or
such improvements are not made as required, in addition to any other remedies
available, the City of South Miami is hereby authorized to withhold any further
permits on the portion of the Property failing to comply with this Development
Agreement, and refuse to grant any inspections, any approvals, or any certificates
of occupancy with regard to that portion of the Property until such time this
Development Agreement is complied with.
17. Representations of the Applicant. Applicant represents to the City as follows:
a. The execution, delivery and performance of this Agreement and all other.
instruments and agreements executed in connection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant.
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid and binding obligations, enforceabJe against Appjjcant in accordance with
its tenTIs.
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 tenninated, 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 payor advance in the City all fees and
payments as required under this Agreement.
18. Severabilitv. 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 819310.15 7326021531
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8
ineffecti ve only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparation. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the tenn
"included" is used in this Agreement, it shall mean that the included items or
tenns are .included without limitation as to any other items or terms which may
fall within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. Captions and Headings. Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22. Applicable Laws. Jurisdiction, and Venue. This Agreement shall be govemed
by and interpreted, construed, and enforced in accordance with the intemal laws
of Florida without regard to principles of conflicts of law. This Agreement may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
litigation pertaining to the subject matter hereof shall be exclusively in Miami-
Dade County, Florida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the City:
City Manager
City of South Miami
6130 Sunset Drive
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 819310.157326021531
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9
/'
For the Applicant:
Irma Abella, Esq. ,
General Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, FI. 33125
COPY to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, FI. 33131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or
to exercise any right or remedy consequent upon the breach thereof, shall
constitute a waiver of any such breach or any subsequent breach of such covenant,
agreement, tem1 or condition. No covenant, agreement, tenn, or condition of this
Agreement and no breach thereof shall be waived, altered or modified except by
written instnlment. No waiver of any breach shall affect or alter this Agreement,
but each and every covenant, agreement, tem1 and condition of this Agreement
shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
25. Third Party Beneficiary. This Agreement is exclusively for the benefit of the
parties hereto and their Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the pmiies hereto,
26. Survival. Any covenant, tem1 or provision of this Agreement which, in order to
be effective, must survive the tem1ination of this Agreement, shall survive any
such tem1ination 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
agreements, covenants, representations, or wan-antics, 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,
IvllAMI 819310.15 7326021531
3/29/07
10
,',
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereof, are waived,
merged herein and superseded hereby, Each party affinnatively represents that no
promises have been made to that party that are not contained in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Agreement shall not be supplemented, amended or modified by any course
of dealing, course of perfonnance 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 Applicant's expense in the registry
of deeds in Miami-Dade County.
31, Exhibits. All exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference.
32. Effectiveness, This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph #2d. If the Park
donation is not established in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
IN WITNESS WHEREOF, these presents have been executed this ~'1~ day of
rJ\ Ct.v-vV-\ ,2007.
rv11AM[ 819310.15 7326021531
3129/07
11
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
__________ , dated and attached hereto.
DATED this ;>. f day of N/f1?.(J.# ,2007.
~TTEST:
.~ \ ' (it-_, \ ~~
"cC::LERK
-~ if ..... 1 l~e foregojD.~f il;st~ument wa~. ~ck~owledged before l:ne thisOZ 9' (.f( d~y ?f If/t://'<<:A 2007 by
,k/Dfjl/e.:::, fl'i(ltfLl1kV, C'!r/!fall4iff f ' of the CIty of South MlaJm and attested to by
Maria M. Menendez r, City Clerk, ofd;e City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification. '
My Commission Expires:
MIAj\·11 &-l.l~,(),14,812}'Ji):.L~ 7326021531
3/28/07
Maria M. Menendez
Notary PubliC(.::=:,,, ,-::, A L!
Sign Name: \ 9Da:;;:....( ~. fJ0 .. W'-"v--GI.-e;/
Print Name: '-..... Maria hi Menendez,
Serial No. (None, ifblank):
[NOTARIAL SEAL)
12
fN WI1NESS WHE]\pOF, the undersigned party has agreed to this Development
Agreement dated as ofthe~day of Marvtr; ,2007.
W~ O.lli~ ..... m RRC 57TH Avenue, LLC, a Florida ..,... . ~ A limited liability company
Print Name: ~rrf\Q III , 6G1LA-By: University of Miami, a Florida non-profit
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
corporation, its s e member
~y'
~ame: Joseph
Title: Senior
and Finance
The foregoing instrument was acknowledged before me thi~ day 0 ,
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity
of Miami, a Florida non-profit corporation, the Sole Member of RRC sih Avenue, LLC, a
Florida limited liability company. !k/She is personally known to m" or has produced a State of
driver's license as identification. ------
Sign Name:
Print Name:
My Commission Expires:
Serial No. (none, if blank); -Ll'-'--"""""'~=-=4V-'-'L.......
MIAMI 819310.15 7326021531
3/28/07
13
lNOTARY SEAL]
NOTARY Pl.JBLlC-STA1'E OF F1O~DA
.,,"\''''/'''' Melody M. Smlth ~ W komm.ission #DD589811 ",~,,~ Expires: OCT. 10,2010
"'II""THRU ,-rI.A."llC BONDING CO., lNC. BONDED"'" .
Parcell:
EXHIBIT "A"
Legal Description
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet ofthe South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County, Florida.
Parcel 3:
The North 132 feet of the SE ~ of the NE Yt of the SE 1i4 of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE Yt of the NE li4 of the SE li4
of Section 25, Township 54 South, Range 40 East.
Parcel 4:
That part of the SE Yt of the NE 1;4 of the SE Yt of Section 25, Township 54 South, Range 40 East,
described as follows:
Begin at the SE corner of said SE 1;4 of the NE 1;4 of the SE 1i4; thence run West along the South
line of said SE 1;4 of the NE 1;4 of the SE 1;4 for a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE ~ of the NE ~ of the SE ~ for a distance of
150 teet; thence run West parallel to the South line of said SE ~ of the NE 1;4 of the SE Y4 for a
distance of 100 feet; thence run parallel to the East line of said SE Yt of the NE 1;4 ofthe SE 1;4 for
a distance of 150 feet to the South line of said SE Yt of the NE V,1 of the SE 1;4; thence run East
along said South line of the SE Yt of the NE ~ of the SE 1;4 for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida,
more particularly described as follows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI J 258979.1 7332426731
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence run South parallel to the East. line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
MIAMI 1258979.1 7332426731
EXHIBIT "B"
PROPOSED-PARKCONCURRENCY
Red Road Commons
On or before the issu~mce of the first building permit for the Project, the·
Appiicant will pay a Park and Recreation Concurrency fee (the "Park Fee") to the
City of South Miami (the "City") of $928,000. This payment will reserve sufficient
park concurre.ncy to satisfy the demand of up to 409 multi-family residential units
to be developed on the Property and will be reserved as such for as long as the
rtDeveiopmentAgreement" governing the Project remains in full force and effect.
. In addition to the Park Fee, the Applicant will pay an interest fee (the
"Interest Fee") to the City.for interest accruing after the City's approval of the
Development Order for the Project on April 9, 2005. If the Interest Fee is paid on
or before November 17,2006, said Fee·is $43,173.60. If th·e Interest Fee is paid
between November 18,2006 and February 17, 2007, said Fee is $53,164.20. If
the Interest Fee is paid between February 18, 2007 and May 17,2007, said Fee
is $58,826.40. If the Interest Fee is paid between May 18, 2007 pnd August 17,
2007, said fee is $64,403.40. If the Interest Fee is paid between August 18, 2007
and November 17, 2007, said Fee is $69,895.20. .
MIA.l\1l1154595.17000060]47
.--.-'-------,-.. ,--~--
"
'**REVISE0**
SCHOOL IMPACT REVIEW ANALYSIS
November 16, 2004
APPUCATION: Red Road Commons
REQUEST: Development under the existing TODD (MU-4) zoning
ACRES: 7.09 net acres
LOCATION: 6600 and 6640 SW 57th Avenue and 5757 SW 68th Street, South
Miami
NUMBER OF
UNITS: 143 units (Current TODD Zoning allows for 266 residential units.
Developer is proposing 409 residential units, thus generating a net
density increase of 143 units)
MSA: 5.3 = 0.20 Multifamily
ESTIMATED
STUDENT
POPULATION: 29 students*
ELEMENTARY: 13
MJDDlE~ 7
SENIOR: 9
SCHOOLS SERVING AREA OF APPUCATrON:
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
Sunset Elementary -5120 S.W. 72 Street
Coral Gables Elementary -450 Bird Road
G. W. Carver Elementary -238 Grand Avenue
Ponce De Leon Middle -5801 Augusto st.
Coral Gables Senior -450 Bird Rd,
'"Based on Census 2000 Information provided by Miami-Dade County Department of
Planning and Zoning.
091.-vSSSSOE ElIH NfJtl"ld 3.1 I S Wd8-v:S -v002 -VI oaa
)
..
;' !
The following population and facility capacity data are as reported by the Office of
Information Technology, as of September 2003:
STUDENT FISH DESIGN % UTILIZATION NUMBER OF % UTlLlZA nON
POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN
PERMANENT CAPACITY STUDENT CAPAC1TY
PERMANENT STATIONS PERMANENT
AND
RELOCATABLe
Coral Gables 758/ 467 162%1 62 143%1
Elementary 762" 163%" 144%*
Sunset Elementary 1,0821 734 147%1 208 1150/.,J
1,086· 148%* 115%*
G. W. Carver 601/ 416 144%1 66 125%1
Elementary 605' 144%.* 126%*
Ponce De Leon 1,532/ 1,225 125%1 198 108%1
Middle 1,539* 126%* 108%"
Goral Gables SenIor 3,6091 2,092 173%/ 95 165%1
3,618" 173%* 165%*
* Increased student population as a result of the proposed development
Note:
1) The cumulative effect of other approved or proposed developments in the vicinity is not
included as part of this analysis,
2) Figures above reflect 1he impact of the class size amendment.
3) Pursuant to the Interfocal Agreement, Coral Gables Elementary. Sunset Elementary. G. W,
Carver Elementary and Coral Gables Senior High schools meet the review threshold.
ADDITIONAL SCHOOL INFORMATiON: The following information was provided by
school site personnel or other data sources in October 2003:
Sunset Elementary
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to floatltravel:
OSl.toSSSSOE
In each classroom and Media Center-
dally access
Classrooms and Media Center
Grade "A"
Before-school care, Magnet programs,
enrichment classes and after
Begins at 10:30 a.m. -ends 1 :00 p.m.
None
Fourteen teachers
:HJHJfJl::Jld 3.1I5 Wd8to:S toD02 toI oaa
'.. . ..
"
Coral Gables Elementary
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-rnstructionaf space utilized for
I nstructio naf purposes:
Teachers required to f1oat'travel:
G, W. Carver Elementary
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Program s:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to float/travel:
D9l.vS6SSD~
In each classroom (PK-5!h grade),
special computer labs and Media Center
None
UA+" Florida School
After-school care
From 1 0:25 a.m. to 1 :00 p.m.
Auditorium Lobby, ESOL pullout and
CCHL pullout
Spanish S, Spanish SL, CCHL, ESOL,
Art, Music
In each classroom and Media Center
None
Grade "A"
After-school tutoring
Begins at 10:30 a.m, -ends at noon
None
Music and Art
m·Jlf.Jf.J!:J'1d 3.1.15 Wd8v=S v002 vI oaa
.~ r \
Ponce De Leon Middle
Access to computers:
CapItal Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to floaVtravel:
Coral Gables Senior High
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to ftoaUtravel:
09l .. vS66S08
In each classroom, in special computer
labs and Media Center
Classrooms, Art/Music Suites and
Science Labs
"B" school
Magnet programs and Community and
Vocational classes
Begins at 11 :30 a.m.
None
Language Arts, ESOL, Math, Science
and Geography
I n each classroom, in special computer
labs and Media Center
None
Sterling Challenge
Magnet programs and Enrichment and
Vocational classes
Begins at 10:37 a.m.
None
Science, Math, Biology, ESE, History,
Language Arts. ESOL, Business and
Childcare
£II-JINNtlid 3.1..18
" .1"
',;. , )
OR BK 25496 PG 0072
LAST PAGE
PLANNED RELIEF SCHOOLS IN THE AREA (information as of November 2004):
School
Coral Gables Senior High SchoDI
830-student stations addition
(District will remove 310 eXisting
student stations housed in portables
providing a net increase of 520
student capacity.}
JRE Lee conversion to elementary
(786 student stations)
Status
Under design
Pre-Planning
Occupancy Date
2005-06
2011
OPERATING COSTS: According to Financial Affairs. the average cost for K-12 grade
students amounts to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total $169,157.
CAPITAL COSTS: Based on the State's November 2004 student station cost factors"',
capital costs for the estimated additional students to be generated by the proposed
development are:
ELEMENTARY
MIDDLE
SENIOR
13 x $ 13,452 = $174.876
7 X $ 15,423 = $107,961
9 x $ 20,409 ;; $183.681
Total Potential Capital Cost $466,518
* Based on Information provided bY,the Florida Department of Education. Office of
Educational Facilities Budgeting. Cost per student station does not include land cost.
D91.irS66S0E f.HJHUJl::Jid 311S WdSir:S ir002 vI oarr
This instrument prepared under the supervision:
and when recorded return to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131-2336
AMENDMENT TO
DEVELOPMENT AGREEMENT
1111111 111111111111111111111111111111 ill I 1111
CFN 2010R0201072
OR Bk 27227 PBS 1492 -1498; (7P9S)
RECORDED 0312·'512010 09=49:51
HARVEY RUVINt CLERK OF COURT
MIAMI·-DAOE COUNTY r FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this / 7ft. day of ~, 2010, by and
, between The City of South Miami, Florida, a municipal corporation ("City") andRRC 5ih
A venue, LLC ("Applicant").
WHEREAS, Applicant owns the property in the City, in Miami-Dade County, Florida,
legally described on Exhibit "A", also known as 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property"), and .
WHEREAS, the City and the Applicant executed a "Development Agreement," recorded
on March 30, 2007 at Official Records Book 25496 at Pages 52-72; and
WHERE'AS. the Development Agreement memorialized responsibilities and commitments
of the City and the Applicant in the development of a mixed-use project on the Property; and
'WHEREAS, in May, 2007 and September, 2009 the Applicant received approval of minor
modifications to the development plan for the Property; and
WHEREAS, these minor plan modifications did not change the responsibilities and
commitments in the Development Agreement; and
WHEREAS, on November 17, 2009, the City adopted Ordinance #29-09-2021 amending
the Development Agreement to record the parking requirements for the continued development
of the Property, as adopted in the City's Land Development Code;
Folio Numbers: 09-4025-026-00 I 0
09-4025-026-0020
09-4025-026-0030
09-4025-026-0060
Secrrwp~ge: 25-54-40
MIAMI 2001026.5 7743027649
3123/10
NOW, THEREFORE, the Development Agreement is hereby amended as follows:
1. Addition to Section 1.
g. The extent of retail, office and restaurant uses shall not exceed, and be limited
by, the capacitv of provided parking. The development shall comply with the
parkin!! requirements in the Land Development Code Section 20-4.4(B) for all
retaiL office and restaurant uses.
2. Addition to Section 5,
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5g, requiring remova1 of on-street parking on SW 66
Street), through a combination of parking garage, a small surface lot, and on-site
street parking. *
* As of October. 2009: 958 total parking spaces remain after reductions set forth
in Sr above and 11 spaces removed for bike racks: 891 spaces for residential units;
and a total of 67 spaces remain for retail/office/restaurant uses.
3. Amendment to Section 23.
For the Applicant:
I-Fma Abella, Esq.
Gate-ra I Co u rnreJ.!.&.G.ffi.e.e
University of Miami
1310 SQ!1th pixie Highwav, Sgite 159
Goral Gables, FL 33125
RRC 5ih Avenue, LLC
Mr. Jay Jacobson, Director
Wood Partners
2600 North Military Trail, Suite 100
Boca Raton. FI 33431
h11AMI 200]026.5 7743027649
2/8!1 () 2
4. Within 20 days after the Amendment to Development Agreement has been sigped
by both the Applicant and the City, the Applicant shall cause a copy of the
Amendment to Development Agreement to be recorded at the Applicant's expense
in the registry of deeds in Miami-Dade County and Applicant shall furnish a
certified copy of the recorded Amendment to Development Agreement to the
City. Failure to record or to furnish a certified recorded copy within 20 days
nullifies the validity of the Amendment to Development Agreement.
IN W!fNESS WHEREOF, these presents have been executed this
g«rct:. ,2010.
M1A."v1l2001026,57743027649
2!8!iO
(SIGNATURE PAGES TO FOLLOW]
3
.f/. 17 day of
ACKNOWLEDGIVIENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing amendment to the
Development Agreement and each and all of the temlS and provisions contained therein,
> dated and attached hereto. ------------------
DATED this ,Jih. day of ~Jt; ,2010.
ATTEST:
CITY 0R~UJI? MIAMI
By: tj{VAt;tt
Roger M. Carlton
Acting City Manager
·········CJh······(t~ ........ mn . ~ ?<·~~r . YCLERK .
COUNTY OF IV\IAnl-bJ4bt:
)
) SS
)
Tho foregoing instrument was acknowledged before me this nih. day of f1\(Lb , 2010 by
1(.txcr-< 'r\·[wt~ , Cih~t"-of the City of South Miam~nd attested to by ~i ().. M. .~_, City Cferk, cit e City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
M lAM I 200! 026.57743027649
H\;!O
Notary P1..lblic:_=-__________ _
Sign Name: hJ2. _
Print Name: 2t D bi~~ R"it)4'-----
4
IN WITNESS Wl;!,l?,REOF, the undersigned party has agreed to this Development
Agreement dated as of the TI-day of~M ,2010.
STATE OF FLORIDA )
)~.
COUNTY OF MIAMluDADE) ~~~\.J.-.....
""""" "Theforegoinginstrumentwasacknowledgedbeforemethis,~ dayof~~
2009, by Jay S. Jacobson, Vice President of Wood Red Ro9Q. Commons, 'ng Partner of
RRC sih Avenue, LLC, a Florida limited liability compan~/She is p r onally own to me
or has produced a State of driVer'~e as identification. ~\ \,'\\~b\ ... \\ \ A ,\ \t." "~ Sign Narne: , ~\--J~'
PrintN e: Srt0~)')~d-N~
My Commission Expires: NOTARY PUBLIC
MIAMI 2001026.5 7743027649
2/8/10
Serial No. (none, ifblank): ____ ,_o._"o. __ • __ _
[NOTARY SEAL]
5
Parcell:
EXHIBIT "A"
Legal Description
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami~Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records ofMiami~Dade County, Florida.
Parcel 3:
The North 132 feet of the SE ~ of the NE ~ of the SE ~ 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 ~ of the SE y,;
of Section 25, Township 54 South, Range 40 East.
.. Parcel 4;· .... ... ....... ...... ... ... . ·;'](i,\ f (;. ....... .. . . .. ..
That part of the SE 1;.1 of the NE ~ of the SE.y,; i~f?ection 25, Township 54 South, Range 40 East,
described as follows: ..
Begin at the SE comer of said SE ~ of the NE y,; of the SE ~; thence run West along the South
line of said SE V4 of the NE 1;.1 of the SE ~ for a distance of 185 feet for a Point of Beginning;
thence run North parallel to the East line of said SE y,; of the NE ~ of the SE V4 for a distance of
150 feet; thence run West parallel to the South line of said SE 1,4 of the NE y,; of the SE y,; for a
distance of 100 feet; thence run parallel to the East line of said SE ~ of the NE ~ of the SE y,; for
a distance of 150 feet to the South line of said SE y,; of the NE ~ of the SE y,;; thence run East
along said South line of the SE ~ of the NE y,; of the S E 1;.1 for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami~Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of th~ i.ptihHc Records of Miami~Dade County, Florida,
"'ell . more particularly described as follows: ' .'.
That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 2001026.5 7743027649
3/9/10
6
OR BK 27227 PG 1498
LAST PAGE
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run North
parallel to East line of said Southeast QuaI1~ oqi·ortheast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South 1ineofi~~di$outheast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road.
M lAM I 200 1026.5 7743027649
3i9ll0
, r:r" ~J ; ~.
; . \{~ ',e.L·
,.)" I.,;
',:':"/
7
2012 Metro Dade AMI
as set by HUD
Moderate Income
Definition as set by
HUD
Total number of
Apartments leased as
of Decem ber 31 ,
2012
Units in compliance
per Development
Agreement
Apartment
1 A-206
2 A-211
3 A-307
4 A-312
5 A-412
6 A-510
7 A-205
8 8-105
9 8-125
10 8-303
11 8-307
12 8-312
13 8-323
14 8-412
15 8-422
16 8-525
17 C-502
18 C-306
$52,600.00
80% to 120% of AMI
or $42,080 to
$63,120
390
40
Unit Type
2A
1A
2A
1A
1A
2A
2A
2A
1A
2A
2A
2A
2A
2A
2A
1A
2A
1A
RECEIVED
JAN 1 5 2013
~andZoning DePartment
Initial
Certification
Date
7/312012
6/7/2010
7/15/2011
10/31/2011
7/10/2012
12/15/2009
7/9/2012
7/23/2011
1/4/2012
8/13/2012
5/29/2012
8/31/2012
4/5/2012
12/26/2012
8/20/2012
4/3/2010
8/1/2012
7/10/2012
Red Road Commons
Affordable Housing Compliance Report-January 2013
for Year ending D( ;~mber 31, 2012
Lease Annual Lease Income as In Compliance of
Expiration Holder Income percentage of 2011 AMI based on the
Date -Should not HUD AMI for Miami 80% to 120% of
exceed Dade County -set Moderate Income
$63,120 at $52,600 by HUD as defined by HUD
in February 2012-YIN
Should not exceed
120%
0% Y
7/2/2013 $56,915.00 108% Y
6/6/2013 $56,180.55 107% Y
3/16/2014 $44,360.00 84% Y
8/1112012 $56,910,00 108% Y
7/912013 $61,000,00 116% Y
12/14/2013 $42,141,00 80% Y
7/8/2013 $59,367.00 113% Y
7/22/2013 $62,055.00 118% Y
1/3/2013 $45,821.76 87% Y
8/12/2013 $59,367.00 113% Y
5/28/2013 $56,910.00 108% Y
3/30/2013 $57,104,00 109% Y
7/4/2013 $56,910.00 108% Y
712512013 $59,367.00 i 13% Y
3/19/2013 $59,367.00 113% Y
12120/2012 $46,959.00 89% Y
7/31/2013 $58,593.00 111% Y
7/9/2013 $57,104.00 109% Y
Actual Lease Ratio of Gross
Rate Income to
Rent Payment
#DIV/OI
$2,040.00 43%
$1,574.00 34%
$1,705.00 46%
$1,966.00 41%
$1,570.00 31%
$1,924.00 55%
$2,165.00 44%
$1,726.00 33%
$1,520.00 40%
$1,895.00 38%
$2,230.00 47%
$2,130.00 45%
$2,225.00 47%
$2,225.00 45%
$2,035.00 41%
$2,105.00 54%
$1,570.00 32%
$1,410.00 30%
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
C-309 1A 8/1/2012 7/31/2013 $57,104.00 109% Y $1,800.00 38%
C-410 1A 8/4/2011 8/3/2013 $43,992.00 84% Y $1,302.00 36%
C-501 2A 8/9/2012 5/31/2013 $59,367.00 113% Y $1,850.00 37%
C-510 1A 8/18/2012 8/13/2013 $57,104.00 109% Y $1,630.00 34%
0-103 2A 8/21/2012 7/20/2013 $56,910.00 108% Y $1,850.00 39%
0-209 1A 9/11/2012 8/10/2013 $56,910.00 108% Y $1,([1:'').00 36%
E-104 2A 8/1/2012 7/31/2013 $60,795.00 116% Y $1,840.00 36%
E-204 2A 8/1/2012 7/31/2013 $50,835.00 97% Y $1,980.00 47%
E-231 2A 8/18/2012 7/31/2013 $57,081.00 109% Y $2,040.00 43%
E-305 2A 8/22/2012 5/21/2013 $56,910.00 108% Y $1,980.00 42%
E-322 1A 10/13/2011 10/12/2013 $42,224.91 80% Y $1,400.00 40%
E-329 1A 6/8/2011 1/3/2013 $60,055.00 114% Y $1,367.00 27%
E-332 1A 8/15/2011 8/14/2013 $56,123.00 107% Y $1,758.00 38%
E-405 2A 8/1/2012 7/31/2013 $56,455.00 107% Y $1,835.00 39%
E-407 1A 8/15/2012 8/14/2013 $59,367.00 113% Y $1,550.00 31%
E-417 1A 8/28/2011 8/27/2013 $48,000.00 91% Y $1,252.00 31%
E-432 1A 8/24/2012 7/23/2013 $56,910.00 108% Y $1,875.00 40%
F-102 1A 4/2/2010 4/1/2013 $53,460.00 102% Y $1,628.00 37%
F-104 1A 9/28/2011 10/27/2013 $51,800.00 98% Y $1,646.00 38%
F-201 1A 1/2/2012 3/1/2013 $45,496.00 86% Y $1,370.00 36%
F-202 1A 10/30/2009 10/29/2013 $45,475.00 86% Y $1,520.00 40%
F-402 1A 7/20/2011 3/19/2013 $49,906.00 95% Y $1,354.00 33%
General Notes:
HUD Definition
"people with incomes between 80 and 120 percent of the AMI are moderate income."
o State of the Housing Counseling Industry, US Department of Housing and Urban Development, Office of Policy Development and Research, 2008
o http://www.huduser.org/Publications/PDF/hsg counsel.pdf
Development Agreement
2.f -Housing-A requirement of ten percent (10%) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to condominiums, ten percent (10%)
of the units will be sold to individuals or families in the moderate income segment of the affordable housing group. In analyzing compliance with this paragraph, the City shall allow minor deviations resulting from short term
vacancies. Incomes shall be based on Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development. Proof of compliance with this requirement on an annual basis shall be provided in
writing on or before January 15 of the following year to the City Manager.
FY 2012 MTS IL Documentation System -~ Summary for Miami-Dade COWlty, Florida Page I of2
FY 2012 Multifamily Tax Subsidy Project Income Limits Summary
The following table depicts the 50 percent and 60 percent income limits for family sizes 1 through 8 for
M Iff '1 T S b 'd' d P . t U lamllY_ ax u SI Ize rolec S
Miami-Dade County; Florida
FY FY 2012 2012
MTS Median MTS 1 2 3 4 5 6 7
Income Income Income Person Person Person Person Person Person Person
Limit Limit
Area Category
QQ
1$23,0001 Percent $26,250 $29.550 $32,800 $35.450 $38,050 $40,700 Income
Miami-Limjts
Dade $52,600
1$27,aoo l County 60
Percent $31,500 $35,460 $39,360 S42.!:i40 $4$,660 $48,840 Income
Limits
NOTE: Underlined headings in both the /L table link to detai/ed documentationeont;eming the calculations of the
pa(amet~(s listed here.
8
PersQn
$43,300
$51,960
NOTe: Based cmparagraph (a)(EJ(i) of section 3009 of the Hc>usifl!1 and Ee.anom!c RecoveryAc,t (HERA) of 2008 (PubliC Law
110·289), projects that used income limits based on the FY2D09 publication should fJS~ the higher of the FY2009 or FY2011
income lImitS,
Determination of Maximum Income Limits
the following tf)ble outllnes the maximum set of lncome limits for existing projects within Miami-Dade County
to usepased on the projects· Placed in Service Date:
Miami-Dade County, Florida
Vintage of Maximum Income Limits
Placed In Service 0 Maximum Income Limits
FY2Q1Q
111/2 FY2010
I 5114/2010 to 5/31/2011 II FY2010
I 6/112011 to 11/30/2011 II FY2011
I After 12/01/2011 II FY2012
NOT£.: The information provided above is based on HUD's interpretation of Section 3009 of HERA and is not an official determination.
Official determiTlations of maximum income limits and all compliance issues are the purview of the Stale Housing Finl!lflce Agencies
flfJ{j the Internal Revenue Service. A Jist of state allocating agencies and their ihternet contact information is available here.
Data file last updated Tue., Dec 13, 2011.
http://v,'\Vw.hudusel'.org/portalJdataselsli1!i120 I 2/20 12sum _mtsp.odn 2/25/20l3
FY 2012MTS IL Documentation System --Summary for Miami-Dade County, Florida
Select a different county or county equivalent within Florida.
w:iq%lw:;P-'ifL~f4\j.:: 1'1'$ 1kllJJ;jkL!aT~ , ill
Baker County
Bay CountY
Bradford County
Brevard Coullty
Sroward County
Press below to select ~ dIfferent state:
or
Select a FY 2012 HUD Metropolitan Fair Market Rent Area's Income Limits:
Abilene, TX MSA
I HUn HomeP!H1e I ,HOn Usel'Homa, I Data Sels.1 Fair Market Rents 1 SectionS !ncom~Umit§
!MTSP» irtCQrl1lfLilnits IHUD LlHTG DatRlbase; I ' ,
Technical Probiems or questions? Contact Us.
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Page 2 of2
2125/2013
FY 2013 MTS IL Documentation System -~ Summary for Miami-Dade County, Florida Page 1 of2
FY 2013 Multifamily Tax Subsidy Project Income Limits Summary
The following table depicts the. 50 percent and 60 percent income limits for family sizes 1 through 8 for
Multifamily Tax Subsidized Projects
Miami-Dade County, Florida
FY FY 2013 2013
MTS MfJdi<l!l MTS 1 2 3 4 5 6. 1
Income Ihcome Income Person Person Person Person Person Person Person
Limit Limit
Area Category
i 50
Percent $22,900 $26,200. $29,450 $32,700' $35,350 $37,950 $40.550 Income
Miami-Limits
Dade $49,000 'If" County uO
Percent i .
!.ocome $27.480 $:~:r5.340 $39,240 $42,420 $45,541) $48,660.
Limits
... ~--•... ~. ,u
NOTE: Underlined headings in both the IL table link to detailed documentation concerning the
calculations of the parameter1i listed here.
13
Person
$43,200
$51,840
NOTE: Based on paragraph (a)(E)(i) of section 3009 of the Housing and EconomIc Re~overyAct (HERA)
of 20()8 (Pul:,)1ic: Law 110,.289), proje~ts that used income limits based.on the FY2009 publication should
use the highen",fthe FY20090r FY20111nc;ome Itmits. .
Determination of Maximum Income Limits
The following table outlines the maximum set of Income Limits for existing proJects within Mlami;Dade County
to use based on the projects Placed in Service Date:
Miami~Oade County, FIQrida
};;o;,=cc."c;,,',~;~,.,~~ """'" " '===:
Vintage of Maximum Income Limits
;"';;:;"=,::'"';.,,::=:==,.'''''''.''~
FY2010
.~:';"'M_,;,n";";;;;:::::';;"""='~~~=:::::::';;:':--;:;'
FY2QJJ
FY2013
NOTE: The information provided above is based on HUO's interpretation of Section 3009 of HERA and is not
an official determination Official determinations of maximum income limits and all compJiance issues are the
purview of the State Housing Finance Agencies and the Internal Revenue Service. A list of state allocating
agencies and lheirinternet contact information is available
http://www.hudusel'.org/poJ1ul/datasetslil/iI20 13/20 13sul11_mtsp.odn 212512013
FY 2013 MrS IL Documentation System --Summary for Miami-Dade CountYtFlorida
Data flIe last updated Tues'J Dec. 11, 2012.
Select a different county or county equivalent: within Florida.
iRtl!,t9~';¥!1¥WW47illN*iiill! i*ViV14V;::~!11}jJJ1~,'?~ .
Baker County
Bay County
Bradford County
Brevard County
Broward County
Press below to select a different state:
or
S~lect a FY 2013 HUOMetropolitanFair Mark(3tRent Area's Income Limits:
Abilene,. TX MSA
Technical Problems orquestlons? CUUli1Q! USe
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2/2512013