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11CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP fJovl/ Planning Director V\ I ITEM No._..::../_'=--_ Date: March 13,2013 SUBJECT: South Miami bOd ;iii(; 2001 A Resolution relating to the review and acceptance of the Annual Report of the RRC 57th Avenue LLC [Red Road Commons] on their mixed use development project located at 6600 SW 57th Avenue; pursuant to the Development Agreement between the City of South Miami and RRC 57th Avenue LLC. 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 Section 12 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 February 22,2013. 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. 2. Affordable Units. The property was developed with a total of 404 units. Based on the information in the applicant's recent affordable housing repmi, 390 units were leased as of 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. The City Commission accepted the Annual Housing Report at the March 5, 2013 Commission meeting. Please refer to the additional detail contained in the report submitted by the owners representative. RECOMMENDATION Staff recommends the Commission accept the attached Annual Report Backup Documentation: • Resolution • Annual Report Dated February 22, 2013 • Development Agreement Dated March 29, 2007 Z:\Commissionltems\2013\3-19-I3\RRC Annual Report_20I 3\RRC Annual Report_CM Report_3-12-13.docx 1 2 RESOLUTION NO. ____ _ 3 4 A Resolution relating to the review and acceptance of the Annual Report 5 of the RRC sih Avenue LLC [Red Road Commons] on their mixed use 6 development project located at 6600 SW 57 th Avenue; pursuant to the 7 Development Agreement between the City of South Miami and RRC 8 sih Avenue LLC. 9 10 WHEREAS, the City Commission at its April 9, 2005 meeting approved Ordinance 11 No. 12-05-1834 allowing RRC 5ih Avenue LLC to construct a project that includes 404 12 residential units and retail space. The approval included a zoning map amendment granting a 13 PUD-M zoning district, an approval of a master site plan, and the approval of a Development 14 Agreement; and 15 16 WHEREAS, the City Commission approved a Development Agreement for the 17 mixed use development project, known as Red Road Commons on April 9, 2005 via Ordinance 18 No. 12-05-1834, which agreement was fully executed and was recorded in the County registry of 19 deeds on March 29,2007 as required by Section 30 of the Agreement; and 20 21 WHEREAS, the Development Agreement includes the requirement (Section 12) 22 that the Applicant submit an annual report to the City at least 30 days prior to the annual review 23 date which report is a status report showing that obligations have been met and that there has been 24 compliance with the provisions of the Agreement; and 25 26 WHEREAS, the Annual report was submitted to the City on February 22, 2013 27 from the developer's attorney Jerry Proctor, said report concluding that all of the obligations set 28 forth in the Development Agreement are met; and 29 30 WHEREAS, the annual report in accordance with the Development Agreement 31 must be reviewed by the City Commission at a public meeting and the City Commission may 32 accept the report or if there is a finding by the Commission that there has been a failure to comply 33 with the terms of the Development Agreement, the Agreement may be revoked or modified by the 34 City. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. The Annual Report submitted by RRC 5ih Avenue, of the property located at 40 located at 6600 SW 57 Avenue as required by Section 12 of the Development Agreement is 41 , and if approved the approval shall not be treated as any agreement or consent 42 to any request that may be contained within the report. 43 44 Section 2. This resolution shall be effective immediately upon being ____ _ 45 46 47 48 49 1 PASSED AND ADOPTED this , day of 2 3 ATTEST: 4 5 6 7 CITY CLERK 8 9 10 11 12 READ AND APPROVED AS TO FORM 13 LANGUAGE, LEGALITY AND 14 EXECUTION THEREOF: 15 16 17 CITY ATTORNEY ,2013 APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: February 21, 2013 Via Hand Delivery Mr. Steven Alexander, Interim City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: RRC 5th Avenue, LLC Jerry B. Proctor, Esq. Tel 305.350.2361 Fax 305.351.2250 jproctor@bilzin.com Property: 6600 SW 57 Avenue, City of South Miami (Folio Number 09-4025-026-0010) Annual Report of Development Agreement Dear Mr. Alexander: This law firm represents the owner, RRC 57 th Avenue, LLC ("Owner"), of the property located at 6600 S.W. 5th 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. A modification to the Agreement ("Revised Agreement") was recorded on March 25, 2010, and is attached as Exhibit "B". 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 "C"). For additional information, see the letter dated December 4, 2009, submitted to the City regarding the status of the Development Agreement. (See Exhibit "D"). 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 "E" for a copy of the payment. BILZIN SUMBERG BAENA PRICE & AXELROD LLP MIAMI 3538475.177430/27649 1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 TeI305.374.7580 Fax 305.374.7593 www.bilzin.com Mr. Steven Alexander, Interim City Manager Page 2 February 21, 2013 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 th 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 2011 Area Median Income for Miami- Dade County was $51,900. At least 10% of the total units rented out in 2011 were to individuals or families with incomes between $41,520 and $62,280 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 14, 2013 and is scheduled for City Commission review on March 5, 2013. 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 2012 ad valorem taxes to Miami-Dade County in the cumulative amount of $832,524.66. See Exhibit "F". 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 "G" 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 $34,800 to the Miami-Dade County School Board ("School Board") on September 27, 2007. See Exhibit "H" for a copy of the payment. 7. Unity of Title. The Owner submitted a Unity of Title that was recorded in O.R. Book 25496 at Pages 47-51. See Exhibit "I" for a copy of the Unity of Title. 8. Changes in the Past Year: On October 2, 2012, the City of South Miami Environmental Review and Preservation Board approved plans for the installation of decorative gates on the north and south sides of the Property, under Application ERPB- 12-045. A copy of the Minutes of the October 2, 2012 meeting is attached as Exhibit "J". MIAMI 3538475.1 77430/27649 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Steven Alexander, Interim City Manager Page 3 February 21, 2013 In summary and as documented above, the Owner has diligently pursued and completed development of the Property and has met or commits to satisfying all of the obligations set forth in the Agreement. Thank you for your attention to this matter and please do not hesitate to contact me if you have any questions or require any additional information. JBP:id cc: Christopher Brimo, AICP, Planning Director/South Miami Maria Menendez, City Clerk Thomas Pepe, Esq., City Attorney Nicole Kline, Red Road Commons MIAMI 3538475.1 77430/27649 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 'rlti$ 1U$ln/moIOI pm>arecl uwll'r I~ ~1,tr-rVllioJl; Iond Wlwll rtCordtd relurn 10: Jm)' B.l't~IQr, EMI, ~i~1 Stllllbl:r~ Ba~l)! I'nc~ &. t\x .. lt'llrt l.LP ~OO ~utb Bi.'I~~)'ll~ 81)\l\e"~rd SU\1~ 2500 Minnu, FIDrid~ l3nl·n~6 DEVELOl'MENT AGREEMENT This Development Agreement is made;l$ of \his ~ day ()fMa.y~ 2007, by and between The City of 50mh Miami, Florida, Il municip~ IX>Tpora.tiQn ("City") and RRC 5ih AV(loue, LLC ("AppHcQnl"). Applicant hereby voluntarily makes, oeclare&, llnd lmpo.~ on the property descrilxld below. this agreement nmning with tho title tQ Uw lund, which shall be binding on and shall inure to the bBn.eCh of the Applicunt. SUI;I;~S.O!1i tlnd assi~, rnQl't8agecs, lessees, aod against ill! per5ol)s claiming by, through. Of I1ndQr them until such time l;\~ thi$ Development Agreement ("Developmonf A!§reemenl") is releas~l in wri-liltS as hen'linafier provid~di WNER£.'1S, Applic(Ul( owns the property in the City, In Miami-Dude CO\ll,Ly, Floricin, I<:!gally d~scribed 011 Exhibit "A". also known as 6600·6640 S,W. 57 AVl;mlle Imd 5757 SW 68 Slroel (th~ "PtopeI1y"), an(\ WHEREAS, Oil July 22, 2004 Applicam filed an application with the Cil), 1.0 J"eWne the Property ihml TODl) (MU·4) (Transit Oriented D«l'elopmcnI District) to f'U1).M (Plllnned Unit Development.Mixed US(!). and to obtQ.in liil~ plan approval (the "APl'iica(ion"), fiod WHERl!'..«S, (he Flon<lll Local Govemmc11l Development Agr<:eLn~1 Act, scI furth in sectiolls 163.3220 ~ 163,3243, Florida Stn\\Hes, (the "Acr") provides for Iha execution of dev.elopmtlll\ I1gre~melHs to insure Ihal ,he law in etTect nl the rim\!' of the o)(.$:)IltKm of lhe d~~'eIQpml!nl . lil5reell\~I~\ shaH g~vem the devclopmenl of the land for the duration of the agr~ment, NOW. THEREFORE, in consideratiPIl of the covenant/>, condiuoo&. lind promi~ herein 1:Qom.incd, the re(;!;.ipl {Iud sufficiency or which lire e;o(pres~ly klcl\nowledged, AppJioam and Ill(! Cil)' hl:r~h>, ilgree "-!' follows: MIAMI ~1~~1\1./~ 7.)~(jOW~1 .VJWU7 EXHIBIT "A" " .' I. !,~rmitted IbM. Pwsities. !!!!9 I!!tqls:idg. Pursuant to tM provisions of Chapter 20, Land Development Regulat10Qs of the City of Soutb Miami, the Property will be improved with the following: 11.. There shall bo no more th\m 4{l7 re:ridential units Oil the Property. b. The Property shall also be develop¢d with retail SPlice and a leasltm office. c. Deve!opment on the Property ~hIlll not exceed \'hie (5) l>tOries alx:m .grade, in height. d. Development of the Property slmll be in accord/lIloe witb the adopled ·ruaster site plan on fi Ie at the City, InchlCli1l8 elevations, architectura1 features, and ·emi!'l11ltoo commercial &qua.refomagc pursuallt to Sectlon 20.3-7, Cit)' Code. e. De-"elopment of the Property shall he In one (1) phase. f. A buHd.lng permit f()f development of the project must be Bppl\«i for within 6 months of the date on wllicil this tinal development agrflel'fl<)l1t is signed. notwithstandIng the provisiollS of LDC Section 20-3.7(i1 Expirations of pIJ!) Approvals. Z. lJ!bllt FlIcilitlW In Qrner to enhaIl¢e public filcilities in the City of Swili Miami. Applicant agr~ to provide services in compliance wlth Section 204. 1 of the Codf!. of the City of South Miami., iOQluding: ft.. Water and Se'WW' servl(,)(lS that oomply with all requiremonts of Miami~Dade County for any buildil1g prior W is.runnce of a final Certificate of Use and Occupancy. b. Solid W1l$le services that comply with all feljLlirements nf Miami-Dade County fpr an)' building prior to issuance of It fil\/l.1 CertificMe of Use and Oooupancy. c. Drnlnage servlcQS 1hat comply with ~Il requjrem~nt$ of th~ Florida BUIlding Code prior tethe oooupancy ohny buildings. d. eased on \he proJecied f<lsidential populatioo on the Property. Applicant ~ tQ donate $92.8,000 in one lump sum as its r~nslbility fur mooting pm: lind fe¢reation conoummcy. Payment shell be riUw.c on or berore re«ipt of the first building permit and $naJl include any interest or Wtylng COS! lnoumd by the Cft)' until receipt of the payment. lntmin ~¢UJi!tioflS MC indiClltOO on atuwh«l Exhibit 'IB", inoorporll1ed herein by referooce. e. Traffic-Applicant will obtain necas.qiU)' goverumental approvals, and cause to h.ave plaooo and oporatiorml a Sepa.rate leftMwm. nortbbound entra.oce !.line 00 Red Road (SW 57 AVffiUC) into the northernmoSt proposed driv-eway OIl Red Road 011 lhe Property, prior to the ooo.lPancy (If any buildings on the Property. In addidon, Applleant will present plans within two (2) yean ufter the rwording of this 2 Devek.pmenl Agreement to ;governmental au.thotities, includillg the Florida ~amne[l\ 0 fTronsportation, for beautification of the median area to oonsist of curb and gl,ltler improwments and landooapsng in the center of Red Road (SW 57 Aveol.l~) .dir.w!ly south of the intc!;3wtion of Red Road and Ponce de Lean Boulevard. Subjcct to apprcmJ of neoessary permits by govemme.ntnliluthorities, Applicant will pay for and constmc\ the bealltificatio.n ir.nprovernenta. L Housing -A requireol~t often re~1 (10%) of tbe unitll will rent to indivi<iuals or families in Ibe moderate income -segmen1 of lile affordablo nouslng gr{)up. 1f lhe rl!sidenlialunhs convert to oondominiu!U$, len percMt (1-0%) of th1;'i units will be ~old 10 individu<ll$ or fllmilie.~ in th¢ moderate income 1l0~meJ\1 of the afforduble housing group. tn analyt.illg compliance with this paragraph, the City shall ullow mioor deviations fI'l~ulting m)m short-term vacancies. Incomes shall DC basw (In ArCll Median Income (AMI), a$ denned by tile U.S. DopartnlCJ1( of Housins and Urban DeycloprmmL Proof of Complianoe with thi~ requirement on aJl t\nn~al ba$is shall be provided in writing on or before January 15 of the reno wing yt:Hr 10 ~he City Managw. In fiddition, the Applicant shall nlake a paymenl or $1 00,000 10 the Ci~y on Or hefore tho issuance of the first <!ertifi.cate of use IlOt:! occupancy for tht development on the Property, J.O be placed in ~City trust fUI\d 10 assist in the deV6\oplllent of low income hOllsing in the Cily's Communi1), Rvdev<\)opment Agency area. 3. T1!<les: AppliclUlt agrees to pay all taxes to the elly ofSout.h Miami in 9.l1 amount equal to the annual Opcrnting MlllaS¢ Rnte. If the Property Owner rocoiv~ lin exemption for Pllying OPCfllting Millage Taxes from Miami-Dade Counry, the Prop~~ty Owner shan ~(JOtribUt6 l\n nmounl equal \0 the Operating Mlllllge Taxes \0 tbe Ciry or SO\l\h Miami in RIlY y(:af thllt such exemption 1$ gnlnled. Tbis provision SllUJ! not ubrogate IIny of the Propcmy Owner's rights to file Ilpp¢!lIG of TlIX Asses~mcnt~ for the Propeny, in occordance Wilh the laws of MilUTll"Dade CO\lnty. 4. WOl'lt fOrSil! In an effort 10 enhance job opportunities for local chizens, Applicanl agrees to giye a preference to Job appliclln1S residing ill South MiamI. In order tI) llHlximi1.e the pool of npplicanlS [rom South Miami, the Applicant &h~n seno Mtic¢ to the CommUnil)' Redevelopment Agency Dir~lpr of the City of South Miami, or n substitule designee by tho City Manager, prior ~o or CO!1CUITt.l\l! with the tSsu&llce of any (l) bids for COTl!1truclion work on the Pr0-pcl1y, (2) \.lids for temporary or pen1HUll101 rnainlCTlllltCe work on the Property, or (3) proposals for !eilsing of retail space on the Property. In regard to n~cJ\\it:mer\l and r.mp\oymcnt, the Appliollnt shall demonSlnlte thul it hIlS usc,d its best ~rfQr\s to hire job applil;(lO~ fmm th~ City of South Miumi, pTOyid~ $ll~h ~allctidales are qualifi~d for the positions in question. In addiUon, the App1Jcl1llt shall hire two Te.$idents from Ihe eRA district (0 assist tile Applicant in providing con$truclioll services during tue periOd of oonslJ'U¢liol'l and development of the Property. Payment for the positions shall be al Applicant's sole eXjWnse and ~ha1( be (;QlT)rnt![j.utute with similar job leve{s and respon~jbilities in comparable indlilitrles, MIAM\ &19.)10,13 n.602IS3J J/twll7 " II :i. SIr,e]LI!.!4 a. Applicanl shall r~ta1n slormwattlr drainage ruooff on ~ite in accordance with City regulati<!n5. b. Applical1( shall provide on site ~urily. As pan (If on site security to be provided by \he Applicanl,1he Applicanl shalt monitor ,md keep operable the s~urily gate to the proposed parkinlil garage and make arrangement.s to assure ~mergency access by »Ilblic safet), vehicles. c. The Ofllrance at Lcvan\e Ave, shall tit; signalized lind a.pproaches instal\ed bMIXi on approval by Miami-Daue County "nd the Stllte of FIQrida Department of T ranspot1a( ion. d, The exit for the driveway onto SW 66 Street shall be de$igned and opel'lltecl as a tight tum OUI ollly driveway, The exit .hall be clo:red with a gate to preven\ turn Oll\ bel weenlhe houn> of 7;00 .I\.M. aM lO;OO A. M .• Mond"y through Friday. c. Applicant shnH provide a minimum of QUe. (1) ~top local ion on site for service by the HurryCulIc shutt1(,\. The shutlle s$)P I~cations shaH not interfere wIth SW S7~1 Avenue Ir;\ffic, All HurryCllne shuttle pillisenge-r pick-ups shall be coordinated with th~ Cil), QCSouth Miami shuttle pick-ups to minlmlzQ tnlflic impacts. C AppTlc(lnl Sh31l provide and maintain landscaping acceptable 10 the City b~tweetl the FP'!. facility and the garage. The applicant m\ls\ provide a row Qf 12' high tr¢fls with trunk circumferenc;~a tlOl less than 6 inches 00 the CUYI> proporty b~tween ttle FPL facility and the SOLlth Miami Community Center. Thl) row of IreeSlo be located on the Cityl~ P(Op~y between the fPL {acility and the Smith Miami Commuully Center ~h311 be un.iform in appearance and consisl of not less than 15 tr~c~ in (he row. g. Applicant shull provide ll.nd maintain a six. foot high CBS WII\! between the project nne Iho remaining $'.'rvice stlltion. h. Employe~ p~rkil1g shall be rcotricted \0 th(l garage llnd i, shaH be the deyeloper's or his a$$ign's responsibility to s$bmi I with each oC!;uplltionnl license pfO{Jf thnl employees are utJ[j~ing tho us.igncd parking. 1. AppliCMI shai! provide 1\ muster slgn;;ge p\iln for project identification, trame, routin.'J" and rlltai! S\l)(es prior 10 fmul project approval by the Envirolvuelltal Review ~nd Preservation Bonrl.l (ERPB). j. Applicant shalllirnil <)0 &itQ lighting property edge{; to 2 foot~undles of intensity :It nn ! g inch height. i-Vithin 6ix months of pr<:>jecl complotion the applicant is 10 provide ~ certiutld report on Ine mandated illumination level, k. Appllc~m IS lO assure thal th~ refuse servioe 4IJ'ea~ shull be large enough to acCommodate \\<;)equat<l dumpsters, The finnl number and dimensions of sen-ice MIAMi ~J9:·IIl.15 ?)2Ci.i21~31 l!l91O' 4 " I! I. areas shan be mandated by the Environmemal R-eview and Preservation Board (ERPB) at 'final approval stage and adop~ed and im)orporated as an exhibit tQ !he Deve~opmeot Agre<m1enl prior 10 finlll approval oHlie Pevelopmen1 Agl'eemeot. All parkiti.!Illnd :>treet improvements placed on fu" public righl--of-way on SW S7 ,I>" v~nue by the AppliCllut shall be maintained with funds from II maiulepllllJ.lt bond ~o be posted prior \0 permit issuance in accordllT.lcl' with rules of the Fiorida Departmell! orirnnspot'U!tion. Proof ()f posting of the bond shan b1lprovlded 10 the City .. Applic!\m tn\IS\ limit the types of retail 'Qstabliahmelllll til order 10 assll~ that the required parking does liot exceed the i.nitial retail parking 1I1hx:ation in the adopted master she plan. Applicant 10 provide the Cit)' no initial PlITkinS ·pllll1 for relail STores Qnd shall maintain the allocated number of spaces for each occupanl, n. AppHc~ll1 shull install all sidewalks a8 shown on the adop\-ed master site p\llfI, 0. Apf>!icllnl shall open up the pu->eo <.m the north side us shown on tbe amendod site pl;m, as approved by the P!annin,g Board, in or~r to brelik up the long far;.ade of the ~s\delllial building, p. Applicao( lU1d the CilY shull agree on the number of loca.tjons of the loading zonetl prior to the fmull!.ppnwill of Ihe Dovelopmen\ Agreement. The dimensions and localion$ of (he lo~ding 1I.QI:IeS stm\\ be tmached as an exhi'tiit to the Dl::velopment Agreement. q. Applicant understands lind agrees that the City may eliminate the on-weel parking spaces located on SW 66 Stret:l. r. App~icant shall provide ),001 parking $pilces [whit;!\ m~y be reduced In accorda'1¢e with Condition #5q, rCCluiring removal or I1n·streel pnrldng on SW 66 Street], thrQugh a combination ofparkillg garage, II small surface lot, and oll-sile street parking. s. The ApplicBII\ wnl commit \0 partlcipate i.n II joint working group wlfu the First Methodist Churcll or Smith MiamI llnd municipat. county l).11d stllt~ a~enGies to devise a plan Imlt\luUy agrllellb[e 10 AppUc;ant ami the FiN.lt United Methodist Church of SOUl11 Miam.i, for pedestrllrn improvements and be.autificatklll fot R/ld Road, Applicant will contribute the OQtlstruClion cost of specific; pedl:stfian enhanoemems ugreed \.\p<:m by Applicant and Ihe First Ul1lted Methodist Church of South Mimni. The Applican1 will pres¢nl pinos for trnffic permits indlcming traV<;l! hmC.6 of 10.$ fcet on Red Road (SW 57 Avenue) nnd, If approved. w[J.l create an enhllo<;eQ "Itlnding z\>oe" for pedestrians in the centt:r of Red ROlld between the Property and the First United Mlltho(!ist Ch\lT<:h to tbe eMt, subj!X:t to the approval of Minmi"Dadc County and the SMe orFlorida Department ofTnmzparlation. MIAMI EIYllO.I) 7j2UUtlS~1 mWII7 t. The Applicant shall not exceoo rI noise level c:gual to the 11mbienl b~kgroUT1d level III 10:00 P.M. at 1I locatlon adjllC~nt to th\l 'Property 10 be 'Selected by the Plann)f'lg Director; said locatlol'lll1ay change from time tQ time. u, The Applklml shaH obtllin approval trom the Ci~y of II parking plan for C{')nstruotion watters prior to thf! issuance of 1I building permit. O. §chooLs. In an effort to Msist p\lblic schools located wilhin the City, Applicant Voluntarily !lgr~~ to donate $34,800 10 the Miami-Dade County School Board ("Schoo1 ,Soa.rd"), to be specifically eal'it'IIIl:l-;ed for capital impro'Veml.lnts at public scllOQI~ IQCaH:,d jn the Cily, Th~ Appli¢a!'if'g conation &hllll be paid upon fM Issuance or II CerUfiCIlte of Use and Occupancy for the firslfesidential unit On the Property. D(!\:iskma shall be made jointly by the City and Schoo! Board, and funds mubt be spent within two (1.) years of tll¢ 'Oonatiol'i. In the eV(l!lt filM 'no capital improvement$ Clln be iden\if~ed or <l-~ upon for tilt. expenditure of the funds wilb.in the two year period, the Applictmt's donation may be utililed to fund progroms. purchase materials (such iUi Ildditional comp\ltero) or in lII1y manner thaI \h~ School Board Md tbe City deleo:nines will (lnhmtc~ the cunicI11um and the sludmJls' attending the subject scboolle eduCll~lonal e~p\,'!ri~o. Term!! of the donation and student generation Ilnalysis are cpntaint:d in the SchQ(>1 Impact Revi()w Allal>,slS dllted November 16, :1.004, altnclwd 10 this Development AgrC)Cmcnl and hereby incorpo11lled by rcfen~nce. 7. !Mtv q.f TItle. Applica.nt shall Sl.Ibmit n Unity of Tille, pursuant to the requil'emcms of Sec lion 20·3.'7(.13)(1), City Code, NOW THERIWORE, the City, in e<>nsiuct'a(ion of the premises. hereby agrees M follows: 8. Vestill~, A~ long as (he d~vclopnl(\[1( on the Propeny is in compliance with this Dev(!\opmellt Agr~m(!n\, \U1d all nppHcable laws, ordill\lnc~s, codes, mct PQlici~ in exisl~nce at the 1ime of the execution of the Development Agretlment as well a.~ olh.er rcquircmtlll\!J )mp(lsed by the City Comroi$slon upon the rotlflllll.tioll of the re~oning or the site plan IlPPr<J1'1l1 on the Prop~J'ty, (he Property shall not be the Ctubjec( of '3 dOWllzoning Rpp\lt;lItJon by tile ClIy lind shall no! be subject to MY <ltwelopmcnt mOllltoriuOl, rt;f\!renda action, ordinances, policies. or prooedures enacted by the City thaI limits the development contemplated by this Agreement and depicted in (he Master Plan. Any fallure by [his Agreement to address jl Pllr1iC\llar pemllt, condition, tem1 or restrlc~ion shall not relieve the Applicant or the necessity of complying with (he law ~Qveming said permitting J'I""I'lireroenl$, conditions, t~m1~ or restrictions. 9. Impnct Fees, The Property shall not be subject to any new impact fees In\pased by the City afl~ the adoption of the RcwJulion approving !his Development Agreement, MIAMI S'9ll0,1~ 7J260~I$}1 ,1,9107 6 10, Clll!~\lI"re~O' nod COl\sisu.m~~, Th!l Applkl1tiQO together with the Applicant's performance un~r me Development Agreement satisfies the concurrency reqU\~mCnls. as delineat~ in SectJon 2004.1, Cit)' Code. By execution of this Agreemel\\, the City (lcknowledges that the ~p1icati()n for site plan app1,'Oval meelS all ooncurrency regul<tlions enumerated in Section 20-4.1 of the City Code. lind tb~l the rezo~un!lllnd site plarl application and this Agr«ment are consistent with the Cit)' Comprehensiv(t Plan Ilud Land D~elopment Regulations, AddltJOlllll Rcqllirementll; 11. Term of Af:I'f!2menl. The provisions of. this Devetopment Agreement shalt become effective \IPOIl its ,ecordation in the public records of Miami·Dade County. Florida. nnd shall continue ill effe¢l fot a pr;riod often (10) years after the) dale of such recorcllllion. af,el' which it rua)' be extOl1ded by mutual CQO$Cl1i of 611 legal aml r:.qtlitable owners of the Propeny, and the City of SQuih Miaml upon approval at n pub,lie hearing, 12. AI1Jlulll ReQQrt ~ud 'Review. It $haH be lhe respOl\sibiljty of Applicant to submi~ IIIl llMuat report to the City sufficient 10 futfill the requirtmwnts as 'slate<1 in the prOvJ$ ions of the Act, Imd Ordinance No. 11..{)$-H!l j. This agreement shaH be reviewed annually on the) anniversary of Ihe effective date of this agrl)¢menl. Applicant, or its assign, shaH ~ul;:>mil an annual report at leaSI 3Q days prior to (he annuuj review da.te. Thi~ repOl1 shaH cO'mnin II sectlon.ny-section listing of what obllglltions have been met nod the date finaliz.eli, liS good [llith complhllllW willi the IClms of the agret::ml:·nt The City Commission Shall fl)View the annual l'Oporl at a puhlic meeting. If the City CommibSlon finds, 011 the bl\$ll/ of s,lbstanlial compettmt evidence, thai there hflS been 1\ failure to comply whh 'th(: lertrls <lfthe Development Agf~ment, lh~ Cily shull provide the Applknnl with a fiftellu (15) dny wrinen notice and opportunity 10' CUr¢ tbe non-complIance. The AppliClIl1l sh~!! hnve 45 d~ys af'ter the ~);pi(lIlktil of the 1 ~ .. dllY notice period iO begin to cure the non.comp\inlloc, ~ficr which the .Il,groomot\t may be revoked o-r modified by the City. The obligation to submit an IIllnual report shall-c:omilllOe upon the dutl: on whit:h lhe agreement is lcnl1inaled. 13. Morlilil'lltiOrl,) The provisions of this Development Agreemenl may be Ilnwnded, ~dded \0, derogated, deleted, modified. or changed from lime 10 lime by recoroe<l instnnr.lCn\ executed b~ the then owners of the .Property und the City. Ar1y modificatiDns to the Silt; Flan mU~1 comply with tllfJ [egull1tions for amendment to PUD·M developOl~nt contained in Cbtlpter 2{) of Ihe City Land Development Code. 14. ~.....!l.\!!: ne City, its .ucces~or' or fls~igns, and the Applicant, its successors aud assigns, sba II have the right 10 enforce the proviSions of this Development Agreement. EnforcclTIent shall pe by Mli(lll at 11lW or JI'I equily against I1ny parties or persQns \'iolahng or attempting w violulil any covenants, either to n:Slr<lin violation or 10 recover damages or VOlh. Th~ prevailing party in the action or suit sh~lJ be elltillecl 10 recover. ill addition t() C9Sts and MI.~MI819J\\l.\5 '!H6!1!I:BI 3J~9!lt1 7 " 15. disbursements a.lIowed by law, such sum .as the court may adjudge ·ro be re\l.sonllble. for the. serv\~s of its attorney. AtltYmcy's fees 'payable under lhi~ parngmph shall nol exceed 2'5% of \h(l judgment, !1!~·pe(!'tl()ll. Nothing In this Agreement shalJ be construed to waive: or limi< the Clt)'~ governmental authority a:s ;l. municipal corporation and poJJtieal subdivision of tllC! Slate of PI or ida, The Applicant, therefore uI'ide~~ands lind agnles that any official inspector of lilt City of South. Miami, m its agents duly aUlhori~d, may have the privilege at lillY time during normal working hours of entering and investigating the use of tho premises to determine whether 1hcProperty 'COmpli~ with building atld zoning regulations and the (}()l1dltiQ05 heroin. 16. AUlh0.f;izaji(lu to Wtthhold Pel"mit! aru! &JlSeecti()llS, In the event the Applicllnl{s) isJar·c obtigaled to maKe payments Of improvements untler the It>rms of Ihis Development Agreement and 911cb payments are not mnde Il$ IXlqUired, Qr slIe·h itnprovement. nre not mllde ~ required, in addition to nil)' other remedieli available, the City of South Miami 18 hen:by authQtiwd to withhold lillY further ptmnilS OD \he portiOll of the Property failing to 90mply wi th thls D(;'Velopmenl Agroomem, and refuse to gr'dtll any iTl$pectiQ~, an)' approvals, or any certificates or ()~Cl)pancy with J'f:gard 10 that portion of the Property IU'Itil such time this Developmenl Agreement is ~oroplied wim. 17. Repmenl!ltiooE gL the AppHchll,!, Applicant representS to the City ns follows: a. The execution, delh'cry lind porfonnanct; of this Agreement {Iud all other instruments and ;lgr~efl1ents eKtlcuwd ill cormection with this A.greement ha"Ve been prop~rly 1I11!horlzcd by th~ Applicant and do not require further npproval1.ly Applicant. b. This Agreement hilS been properly executed, and cotk'ltitutes Applicant's legal, valid Dnd binding obligntions, tlnforceable against Apptkant in nccordnnce with its terms. c. TjH~re llre no aCliol1~, <ill.its or proceeding.s pomllng OT threatened IlgaIJ}s! or affecting Applicant before <loy COllrt or govClmm~ntlll agency that would in any T11l,lterial way affect Applicant's ability to ~rform this Agreement. o. Applic!I!l\ shaH not !let in any W1i>'j whawoeve.r, dir~ctJy or indirectly, to oa~\W this Agreement \0 be !lmcnded, modiJlcd, c,anceled Of teJ1l)in!lle4 except pursuant to its express Lcnm, and shall hIke nil actions necessar}' to ensure thal this Agreement shnll remain in rull force· lind effoct at all limes. ~. Applicanl ha~ the fioal'lcial capacity to payor advance in the Cit)' aU fetls and payment.; us required under rhi& Agreement. . 18. Severabllitv. If any provision of this Developluel'lt Agrecnl~1ll or the application thereof to any person or ClrC\lnlstllnces is held invalid, prohibiled, or une((forceabJe for any reason, this the D<lvelopment Agreement shail be MIAMI SI9, 10.15732('0) 1511 );'31)11)7 g " ineffective only to such eKWut and the ·remaining provisions shall cootlnu1: to be given fullJol'Ce IU1d effect so fW as possible. ' 19. ~ Prepnratlo!l., Thfs Agre!;menl has been drafted with the participatiQu of the City and Applicant aud their COUIlS¢'), and shall btl construed ngainst the I\ppliennt in iSSUeli of drnftsmnnship. The captions of euoh artwle, section and subsection contained in thi. ASfeemctll Ilr<: 'f<:lt ease of fl;tfcrence only an~ shall n01 affect the ullerprel.atiollUl meG-oing of tilis Agreement. Wbeoev~ the tenn "included" is used ill this Agreement, it shllli mean thaI the included iUltnJ> or term$ are 'nc1lJde<\ without limitation as to any other items or terms whioh may f<ll! within the tisted cntegory, ;1,0, plmHne t(fect, The burden~ of thl. Agreem!:ol shill! be binding 'up(ll1, and me benoflts of lhis agreement shall inure w, all successors it1 intertlst to the parties of thi~ Agreemen\, 21. (;llgtiQIIS nnd Hcadinl!s, P!\ragroph heal'.l)llgs are for convenience only and shall not be \lsed to conslJ'ue or il.l(crpr~\ this Agreement. n, a(:Ullicnbl~ (,.Ilws) J\lrisditlion, lind Venue. This Agre<:me'!1t shllll be governed by and il\\erprt)~ed, construed, aile) enforced in ItCCQrdaoce with Ihe internal laws or Fkrridn without f<lglird 10 prlnciplel$ of conflict.!; of law. Thiil Agreement mal' be enforced lIS pl'OlIliled in Se¢.tion }{i3,3243, Florida 'Sla~\W:s, Venue for any litigatioll pertaining to the SUbject matter bereof sha,1! be exclusively in Miami· Dade County, Florida, 2.'1, Nolices, Any notices or repor:t5 requIted by this Agre.cmenl shal! be scnl '1.0 the following: For the Cit\': City Manuger City of South Miami 6130 Sunset Drive South Mial11l, FI. >3143 COpj::to; Planning Direelor PI1lJ1nlng. ano Comm1lnily Development D~ill1lt1enl City of South Miami 613 0 Sunset Drive South Miami, Fl. 33143 MII\MI 619)1').1~ 1:'i(,01IS~1 );,1')107 9 for the APulieant: Irma Abella., Esq. General CoU.Met's Office Univmity of Miami 1320 SQuth Dixie Highwlly, Suite 150 Cot~1 Ga.bles. Fl. 33125 :Q()QY to: Jerry B. Proc;tor, E~, Bilzin Sumb'!lrg !3!\(,'1lU Price &. Axelrod UP 200 So. Bj~c;ayne BQulevllrd, S~Ii\e 2500 Mi.(lmi, Ft. 33 J 31 24, yvlliyer~. No failuf¢ Of delay by Applicant or the City lo insist upon the strict performance of RUy covenanl, agroement, tern, or cQndition of thi$ Agreement, or to ¢xercise allY right or remedy COI1$equen1 upan the breach thereof, shall constitme II waIver of any S\.\ch brea~h or any $ubseql}em breach ofsuch. w,,~t, agreement, term or condition. No ·covenanl, agreem(lnl. t.;:ml, or conditic;m of thw ,~greemem find OQ breuch thereofs.hall be waived, altered or modified CliC¢pl by writtel) instrument No waiver of any brench shall affecl or alter this Agreeme;nt, but each lin\! every covenanl, ilgreeroent, teml and condition of this Agreermmt shall conlinue in full foroe IU'ld effect whll TetJ.pecl \0 any other then ~x·isting Of $Ub5(:quenl breach thet¢<lf, 25. Tblrd Parly Beneficium This Agreement in exc!tlsively for toe beneflt of the pnrtic:s hCJ'eto and Iheir AffiUutes nod it may nOI be enforced by any pasty other than the pijrties to this A~reemenl and shlj\) no~ give rise to liat>lli1y to MY third p\\rly other th~l1lhe authQnozed successors and assign. of the partie, hereto. 26.~\lrYivn1. Any covenant, term or provision of this Agreemen~ Which, in orear to be effective, must survive the lermlillllion of this AgtcI,':ment, shull smvive any such rcnnu,l\tion including without lImita\.lon, paragraphs 2, 3 ano 6 whi.eh shall survive this AgrcCOi<;ll1. 27. J:.tl..!:lruJ.s of 'Tlm~. Whet)e\l~ lin>' delerminlltion is to be made or actlOtI is to be 1aken gn a dale spt;)Cili¢d tn this Agr~lelll, if such date shall fall on 2 Sowrdu)', Sunday OT legal holiday, 111\,\11 in such event said clute shall be extended to tho no);! day wiliell is not a Saturday, Sunday or legal holiday. 28. Entire Aereement. This Aveemenl sets forth the entire llgt'(:<ement between the parties herew with resp~ 10 Ih~ subje<:\ matter herrof. All agr~m~lS, cOvef\arH&, representations, lmd warranties, express or implied, oral or writ\(ffl, of tne purtieR with respecl \0 tile subjeot matlef hereof arl: .conllline.o herein. No other <I)!rvemcllts, cOvenll!llS, represenlulions, or warranlies, cKpress or implic;ld, oral or wrltl(m havl! been mude by any pllrty to the other with respect to tM $ubj~t maILer 0 r t\lis Agreemcm. All rrior \U'ld COOl(lmporaneollsCortVers.ations.. MIAMI 819;1111,15 732W1.153! J!2W!fi to " ." ,discussions, n<:-gotiations. possible Imd alleged agr¢¢l'Mtrts and rqlr.esemations. ,covenants and warranties with respect to the subjec1 matter ht;:reof, are waived, merged h~rein and auperst:cied her.eby, Eac;h party affinnatively represents that no promi:;es have P0e'I'I l'l'lude to thaI party thaI life nol·COl1.tained in thl:; Agreemenl, and the Exhibits, and stiplllatcs lhal no \,:vlden<;.c of any promises I\.ot contuined ill this Agreement, and the c?(hibhs, shaH be admined into evidence on itS behalf. This Agree\nem shall not b<: 'SUPpIOIW;lll«1, amended ot modified by'any course M dea ling, course of performance or u&es of trade ll.lld tIlay emly be amended or modified by a Writtlln inslrUmenl duly eXe¢uted by ()ffivers ofbotl1 partiqJS. 29, Coullt(lrplIr\.s, This Agt'¢ement may be) ox<x;uted (including by facsimile) in trne or mor~ cQ\tnlerpans, and by thl; different plll'ties hereto to :>epl!l1lte COUnlctparts, each of whlc.h woen cp;~uted $billl be decmt:<i \0 be an original but all of which \\l).<;en wgmher 5hllJl constitute O()~ (lna the same agreement. 30. Rceonlatiol1, Within 20 days alier the Development Agreement has be¢n sign\:d by lxnh \h~ AppH¢ant and the City. the Applicant shall. Cil\l1)(\ a copy of the Development Agreement to be recorded (It the Appllcllnj's (:>:peose iu thHeg:i:>try Qr deeds in Miami.Dade County. 31. ,F,xltl,bllsj All cxhibi($ Illlache<:l h<:rtlo comain additionlll \Cflns of thin Agrf.lemrot and are incorporllle4 herein by reference, 32. nff~sti"el1e~~. This Development Agreement sholl become \!'rrectiv~ after the approval o( the appliOlltions for retoning lind site pl!m approvl\l and the expiration of any "PPl;lui periods. The npprovfll of thij applic.ations for rezoning f.nd she pilln approv<\1 and of 'nil applic-ation ror ap-provu.l of lhis Development Agreerneo\, stlall pol beCQIl.e efrective \.IntiJ the Park donation is -I,)S\ablished and agreoo upon by the Applicalll aad the City in accororo.1Ct wIth Patagraph #2d. if the ParK donation is not established ill !tc(;ord!l!1ce will1 Fllragraph #2d) Inc IlppHc.tltiQE\li for re7.(>ning, SIte p\a.u approval, and approval or this Development Agr~ment shall b~ cl;lnsidered WilhdrilWll withom prejudice by the Applicant. IN Wl,TNESS WHEREOF, these pre.senls have been cxccute4 (his .;2'1...... day of . __ . .0o. ..... w-. ".2Q07, MIAMI ~IYJI!),I) 7j~~)11 )Jl :tiJf.:hti7 11 ~CKNOWkEDGMENTANDACCEPTANCE Hi: CIIY OF ~OUTH MIAMI KNOW ALL M'!IN BY THESE PRESENTS thaI: The City of SO\l1h Miami acknowledg~ and ~cepl$ the fOf~gOing P(lvelopmenl Agfeement and each nnd all 0 f Lhe terms and provisions <;QntaineO ther.ein, _~ _____ --" dated and attached hereto. DATEn this t). f· day of ~!:J..It/?!J./I; ,2()07. ~i4 ~ I l?o loregoil'J' itlSlf\l1nent was acknowledged b<:fore )'fie thit~ day of ~ 2007 by ~ft'uJ.{.e f ;r; . i', Gil' $~ .. r ,of the City of South Mjami and :;ttested to by MflrJ.1\\ M. MeMndat , Cily Clerk, of c Cby of SC}uth Mi(mll who arc ( ) persol1l\lly known 10 me or ( ) produced a valid tlrivcr'61icense as idenlificafiQI1,. My Commission Expirc$: S~! c., ~ ()P (I t Ml/\MI W~M\M4fU2.Vi),.U m6(1~ISJl Jl2t/(}7 N P ' Marla M. Men()flde~ ,olary Ubl~. " 2' Sign Nwne: ~~Q};::[~d--?~' Print Name: -...../ Maril,'l ~~ru:kIZ • Ser'\11l'Jo. (None, ifblank); [NOT ARIA!.. SEAL} t'2 IN' WITNESS WltE,BgOF, the undersigne<l party has agreed 10 this Development Agreement d\ll~d as oftbc<2£J:dli), of MW::J::b _,2007. w~ O~ ~'-lYl,. .~ RRC S1Tli Avenue, LLC, n florida ..,.. IVi A limited liability company Rrin! Name: ...+ir(\S\. ,'I. eErL.LfT By: University ofMillml, a Florida non-profit STATE OF FLORIDA ). ) S8: 'corporatloll, its . her ~Y" -4J::+:.~:'fo-1i--.f--~-~MW: Joseph Title: Senior· Ilndfillll.llQe COUNry OF M1AMr·DADE) The foregoin& instrument WIlIl acknowledged befor~ me lhi~ day i1YII/~h 2007, by Josllph T. Natoli. as Senior Vic~ President for BlJsine:~s und Finance, of ~ of Miami. a Florida noo'prQnt I'QrporetioD, the Sole Member of Me 57!b AveoUl:, Ltc, a Floridn limiled liabili~y compan~, /iY/She \,s RerSQllnl1Y., known l,Q.,rog or hilS produced a St~te of ~~"~ driver's li~l\sl! f\S ideo1ificatlon • MIAMI SI9)'O.I~ 13:Zr>02lm 3flSI01 • ;"N,,,,,, ~ Print Nam\!: _ ~ . O~:iR Serial No. (noue, if blank); -1t& I J . I ! " I- i i' i I 1 1 I j ~ I.. • 1,\ :exIDBIT ~ An Legal~p1l0!\ ~ . ,""" All Of1'TMt 1, of ~ !UNlSEl). PlsAT 01* :F,BRtNWOOn. OOCQrding t\'l We. Plat ~ {IS ;eQ()J&\d in PIal Boo1:. SS, st Pago 7'l, of the Public Records ofi/viiami·Oade County, Florit!ll, lw .'the Soulh 47S.6~7:ft:et (lfllie Wist 100 feet, end less ilho tl.)e lUi~ lSt)·fe:ot of the "Soutb..330 fott, and leSs ~B() the South 12S fu-.t 1)£ the West l7S k.et of ~:Bast 325 feet. 11M 1e.ai 'ii1oo 1hc 'EiJ$t 75 f«rt ofihe We:at 17S feet of the '$aufu 125 feet. of said 'r~1IQt. " . . :r~12; " The ~ ., S feet· of the We>st 175 :r¢ t>f iM South 125 ~t of Traet ,]" -of RBVrSBD PLAT OF fERNWOOD, tICCOrding to the Plat thereof, ns, rocc:l'~ in PM !rook 3$/ at :P~ge n. (If the Publro ltecorde ofMiAml.DllIk, County1F1oridA: ". , I ~ , The Norlh In fetl! of tho 6E \(.! or the NE ~ of the 'BE ~'of 'Section '2:5, Township $4 South, , JUmge 40 l!/lSt, lee~ tho North 2S feet of tb~ Nol1h 132 !~ of the'BE y., of the NE .~ of@ sIt ~ , , ofS~jOjl:2.5, Township 54 So1.lth, Rt\llgtl4(1 Bast. " ~ " , 'fh<rt:Part of'lhe SE 1,4 of the NE ,V~ of th~ SE ~ of Section Z'S, 1'oWnsbip 54 a o~h, RMgQ 4t'J Bast, desCl!lbed lIll folloW!!: , , ',,' . ' Be~ln at tho'BE IJOmct of saiil BE Y. of the NE ~,~fthcl SB v.: ilien~ run 'W~ along ilie South liM of sald SE v.. ofth,(, NE Y. of the SE v.. for 1\ dillUtnoe of 18$ feet tq,; a :P<imt QfBI'ginni:t~ tbellm run Nofth ;parallel to. th~ Enst line of said SE ~ oft'hc N.E Y.. of'the SE y" 'toi f.di~:tlf . 150 'feet; thettce run Wcstparallcl to fue Sow' line of 8~d SE y" of 1:lw NE % of t.he SE ~ fur,a ' . msif:U)C(l of l 0[1 fee~ tht:nlle run parnllel 'tQ ih~ Bru;lline or said· SE 14 of the N]H~ of tho SB v.. tot II wSWnoo of J 50 feel !Q tbe South line. of :mid 8E !4 Qf '!he NE. v.. of tho SE i4; 1hen(l(l'run East along mUd South lino oft~ SB \Ii of the 'NE V. oHhe'SE Kfut,!l, dlstJm60 of Hll) leet to'~Pomt· .' oi Eegi.m:dng, l~ the So1.U:h ~ f~ fur publio rond purposes., . . ,.~ . '., .... . Th~ NClfIh' 180 feet of1h.li South 330 ~t (If the East lS0. f~ of Tl:lWt 1, of REvIsED ptA l' Oll FERNWO.oD, MOi:rrdill8, to the Plat. thereof, '!IS xecorooo in. Plat 1?ook 3:5, I.It Page 72, (If 11» Publ.leR~ DfMilllpi·Dad~ Co~, FLorida, , : ~ , f. portion of'l'raCt 1, :REV1SEn PLAT OF F:ER'NV{OO'O, ac<;l))'dlng to the Pl&.t 1:h~t; II.!! 'leco,ded in Plat Book 3S, nrPage 12, oflhe »ublic Reco~o( Mi!mlI~D!lde County. Flori&. mo-re par(ScuJarly O.OI!C1wc.d !lR foUo~; . Tha1 :PlOt of tM ·So.$t QM-r.er (If the Nmtbo!lSt Quarter of the Soufhe!llfl QUarter of SectlOll , 25, To~hip 54 South, Rnuge 40 Eu~ desofihOO.as foU~w: " ' , . Begin I\t fut:, £oU\b~ (;Qn:m of ~d So\l!bellSt Q~ of N~iiht:ali1 Qu!lrter of Southeust .~ . ..' .' " ," . ~ ...... ,.~. "H"~'''''~''-''_''''' ~" ......... , , ..... _" ........... ,,, ............. " ........ ~ ............ , •. "" ,J I I .,. . r . I· i i ~ I ·1 OR BK 2S+9(S f"'G 00.!51. LAST PAG-E I. I Q~ thence ;run Ww. along !he South line of said SoutbeA$1 Quartet of No:ttbej)j)fq~ of: . Soulliem Qmrter tOl fl dl~~ of 2$~fll¢t for POlNT OF BEGINNrNG; them» :t'\lll-NwIh pa.ra.lJe) to BaSI line of said Southeast Qurutex .ctNotibeast Qu~{}f Southeast Quarter lSI).feet; I thcncr-rtnl Wl}st paralJel ~o SoiUh llnc of said ·Sou1.hcast ~ of No~ Qnaz1;c.r of Sautht?st Qu.arter 75 ~ the;nce.~ Soclh parallel 11:> 1h!l EII!It line of ~a1d Sou,theaat ~ ~ .No~ Quarter of Squtheast Q\lartet', )50 feet to thc'Soutb llne of nald, SO~eIl$t Q~ Qf .. NortlmPSt ~ of Solltb.eMt Quarter; theMe EM! lIloug Sl'\W SQuth ,tine of the Sou.t'hea$t QWIItt>t of No'rtbeaat Quurter of So\ltbeast Quarter lor II di~ of 75 feet ~ the POrNT OF BEOXNNn-lG; LESS tbf\ Soufu2S feet for public toad. '" I, , " ", ~ ..... -""t ~,.. .. .01" ., .... ~ .. , '" This instrument prepared un(ier 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 111111111111 Hill 11111 IIIJlIlIfI 11111 1111 1111 CFi"i 21)10R020:J.072 DR Bk 27227 P9S 1492 ~ 1498, (7p$$) RECORDED 03/25/2010 09=49:51 HARVEY RUV1Nt CLERK OF COURT tuAl'lr'"DADE CQIJNTY, FLORIDA (Space Reserved for Clerk) This Development Agreement is made as of this ..J1tf. day of ~> 2010, by and . between, The, City ,of South ,Miami, Florida,· a municipal, corporath:m (,'City") and, RRC 5ih Avenue, LLC ("Applicant"). WHEREAS, Applicant owns the property in the City, in Miami~Dade County, Flolida, 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 lIDevelopment Agreement," recorded on March 30, 2007 at Official Records Book 25496 at Pages 52~ 72; and WHEREAS. 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: 09-4025·026-0010 09-4025-016-0020 09-4025-026-0030 09·4025-026-0060 Secrrvvp~ge: 25-54-40 MIAMI 2001026.5 7743027649 312)110 EXHIBIT "B" NOW, THEREFORE, the Development Agreement is hereby amended as follows: 1. Addition to ~ection 1. g. The extent o(r~taill office and rc§taurant uses shall not excfi1ed 1 and be limited b):" the capaci!X of urovided parking. The development shall comply with the wrking reggiretnents in the Land Dxvelopmenl Coge Section 20·4.4(8) for all retail, office and rest~urant uses. 2. Addition to Section. ~~ r. Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5g, requiring removal of on"street parking on SW 66 Street]. through a combination of parking garage, a small S"urface lot, and on-site .. street. p~rking. >I' "'As of October, 2002: 958 total parking spaces remain after reductions set forth in 5r above {Iud 11 spaces removed for bik(t racks; 891 spaoes for residential j,.mits; and a total of 67 sRaces remain for retail/office/restaurant uses. 3. Amendment to Section ~3. For the Applicant: lr-.ma-Ab£!!Eh ~§gl Gefi£t:!'\! CQmwell5··QWoo .l:J.ntve~it;;yj1f..MWmi ~Q!>I!h:Q!lSi~:!J!g!m:f:\y, §u!te 1§9 Qtl'@l g@!£~\ ¥b H!2§ RRC S'zth Avenue) LtC Mr. Jay Jacobson, Director Woo .9.l.ru:tDSI§ 2600 North Military Trai~) Suite 100 Boca Raton) FI 3,2431 MIAMI 200102657743027649 U8f1 () :t •.• 2 4. Within 20 days llfier the Amendment to peveloQrnent Agreement has been signed by both the Applicanund the City .. the Ap:plicant shall cause a oopy of the b,mendm\'lnt to Deve:":Jment Agreement to be recorded at the Applicant's expense in the registrY of deeds in Miami-Dade CQunty 1IDd AwHcant shall furnisb..J! certified copy of the recQrded Amendment to Qevelonment Agreement to the City. Failure to record or to furnish !! Q$lrtifi§d tecQrded cQPY within 20 days nullifies the validity of the Amendment to peyelollment Agreement. fl it. IN W/lNESS WHEREOF~ these presents have been executed thIs . _ day of !!fa. r. c)::.. , 2Q 1 O. MIAMI 2001026.5 7743027649 218110 [SIGNATURE PAGES TO FOLLOW] 3 ACKNOWL!iiDGMEljT AND ACCEPTANCE !!Y CITY OF SOUTH MIAMI KNO W 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 -,jib. day of rtW-Gh ,2010. ATTEST: CITY 0Ji~lJ'pt MIAMI BY: __ ~..;...:...V_~.....;..,._~ _____ _ Rog~r M. Carlton Acting City Manager ~ .' ···············~i·G;~m ......................................... . -: YCLERK r" STATE OFJ'\c;>t\ J..., COUNTY OF ~IAn'~bp\bt: ) ) SS ) 'The foregoing instrument was acknowledged before me this pit day of ~, 2010 by ..f.~;( fI.[,,",,~\l:m , "cih~ of the City of South Miam~nd attested to by ~.tt .~"_, City C]'eTk, of t e City of South Miami who are ( ) personally known to me or ( ) produ.ced a valid driver's license as identification. My Commission Expires: Mll\Ml 200\(21),;> 7743027649 118'1 () '. -NKENGA A, PAYNE • , MYGOMMISSION~DDStmrn1 o. (None, ifblank); EXPIRES: October 5, 2011 (NOT AR1AL SEAL) QOIIU&(j 111[. NoloI)' public \lno.rwrllom . 4 IN WITNESS W~REOFl t~e ,ul1dersigned party has agreed to this Development ; Agreement dated ~~ oft~e ,day o~ .. ,2010. . W)~"sses! ,".' ~ .. ~.~ RRC 57TH Avenue, LtC, a Florida , 7 limited liability company ~> By: :~~dJf'::J-g04~--¥-C~O_'--+~:::"""'_ Name; print Name~~~6t-'1.:~~~ .. Title: ST A TE OF FLOR1DA ) )~: COUN'JY OF i"'fJA:Ml®ABE) ~~~ . . The . foregoing instrument wasacknowledged·befOTe me this 15.:.;.:.. day of~~ 2009, by Jay S. Jacobson, Vice President of Wood Red Ro94, Commons, 'ng Partner of RRC 57 th Avenue, LLC, It F1Qrida limited liability compan~/She is p r onally own tome or has produced a State of ~ __ .~_ driver' . ense as identification. My Commission Ex.pires: MIAMI ZOOI026.5 7743027649 2/8110 Serial No. (none, ifblank): ~_ .. _." ... ' ... _._"_~ __ " (NOTARY SEAL] 5 EXHIBIT lIN' Legal Descl'ipUon Parcell; . 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 ofMiami~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: TIle 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 y:; of the NE ;4 of the SE y:; of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE 1;.1 of the NE 1;.1 of the SE ;4 of Section 25, Township 54 South, Range 40 East. .......... ParcelA;" ...... ....... ........ . .... .. ·'·'fjiin·;··· .............................. . 'That part of the SE ~ of the NE y:; of the SE.~ At~ection 25, Township 54 South, Range 40 East, described as follows: Begin at the SE corner of said SE ~ of the NE ;4 of the SE ;4; thence run West along the South line of said SE ~ of the NE y:; of the SE y:; 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 14 for a distance of 150 feet; thence run West parallel to the South line of said SE 1f4 of the NE y,; of the SE ~ for a distance of 100 feet; thence run parallel to the East line of said SE y,; of the NE y,; of the SE 1,4 for a distance of 150 feet to the South line of said SE ;4 of the NE y,; of the SE ;4; thence run East along said South line of the SE ;4 of the NE ~ of the SE % for a distanoe of 100 feet to the Point of Beginning, less the South 25 feet fot' public road purposes, Pmoel 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 ofMiami~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~tpbHc 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 cornel' of said Southeast Quarter of Northeast Quarter of Southeast MIAMI 2001026,5 7743027649 }/9/l0 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 Quar.!~ 00'~miheast Quarter of Southeast Quarter 1 SO feet; thence run West parallel to South lilfe 'o::'!t\~qi$outheast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast QU81ier of Northeast Quarter of Southeast Qualter; thence East along said South line of the Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BEGINNING, LESS the South 25 feet for public road. MIAM[ 2001026.5 7743027649 3/9/1 0 I Y~\ ~,I i:}': I' \n.?:<:d~~'· 1 j~'n J~n.! (. ',;':"), 7 m x I OJ -I q .. --------_ ... -.. _-- c£<. CERTIFICATE OF OCCUPANCY N~ CITY OF SOUT'rl: M1AMI. FLORl1)A L Name of owner iZ{ZC:. f27 mt:: '-i-C ' 2. ,:....ddres:;. 2t::f}[/ N /1; 1;1-4?J. r;-.,":V· 1t:; ItJf)80c.z :4 b1,,cb 33 f:?1 /Juf' J ) 3. Name of Occupant .K.oA I<'C"iafj C{?mml!r6 4.Addressofproperryreceivlllgc.O.. Itk/a 5W 5'18lib &,-;dh~ A /J . 1 ' . 5. Type of Use f"-e.5Ioerl f:4/ l16\:;4 -r <J .... i' 6. Business or Trade Name (if any) ____ ~ ______________________ _ 7. Amount of ICe paid with this application S ---,j .. ;Z;;;=:::.<2~rc..'·!"" ;:..1).:::0_' ______________ _ 8. Other permits nn{j liccn<;e;> applied for <)1' obtai.ned: Eleclria} Permir No. D,'f' 3q it 8uildim! Permit No. ()k~ lI'f Plumbi~g Permit No_ !2/{~ 0'$'_ Mechancial Permit No [/ i -647 /.' 10. Application approved:.;.-· ----'-:" ... / ____ ----, '\ ~ ~/ \. ; lLUseappJ'oved: -:" '/t;~v/,//' iiPl"1/"VI'£~7"C! _..-f. ' ... I'i. ,j I" ------._----- CERTIFICATE OF OCCUPANCY N£ 4660 ~ Cl1:Y OF SOUTH "'·HAM.!, FLORU)I\ (it> en ~ 1. Name of owner It L-. / ~ trW? {".. L-Cr 2.Address -Z·£<pO fj t1;ld·o..y if"-<)i;'tr. iNl f3crJ, fhAfv.n n ;;;;4"11 Ild 'J j 3. Name of Occupam lie;,. R.D4.d r OMrrli)f\.5· 4. Address of property receiving e.O. bfe10 5H./ 57 ITVe; BVHdi-"'1 B 5. Type of Use 14jj l:kl'(hu\ 'J o. Business or Trade Name (if any) ___ ~ ________ ~ _____________ _ 7. AmOUnt of fee paid 15.'lih this application $ 8. Other permits and J i;::ensc<:; applied for or obtained: ~)<> -, Elec{rial Permit No. _--.Jo{ .... ' u.il~'",;t..i..;:q-=-};!...-_____ _ Building Permit No. _-'l..,,)"'.f:,.;.....1./ .... /""S"--______ _ Plumbing Permit No. __ k""-) ..... t_:..._7-'--"'~"""2c..." _____ _ Mechanda! Permit No GR'-feW!: J L Usc approved: " Date. '~/{() f" , " I D,ne ,'2-ll.'1(C4 .) // ---1d", l V<!. J1,,;;r- = CERTIFlCATE OJ! OCCUPANCY Nfl 4661 L Namt. ... of owner 2. Address 3. Name ()f Occupant 4. Address of properly re<niving e.O. ('J &I)q 5tv 51 frtG 0v: I di ...... ~ (,/ 5. Type of Use . I4.S\ tk.i'ln!il..t '. 6. Business Qr Trade Name {if any) _______________________ --'-~ __ 7. Amount of fee paid with this application $ 1, Z/1i.l. DO_ 8. Other permits aull Iice!)t;c;; applied for orolnaillcd: Electriai Permit No. Os-434 l/ Jq 11ft Building Permit No. __ l/.;;.. ....... ...:.;y'-. '-'-.flL("'il _____ _ nFr-9&$ 0' 'r' c' >0 / to h ...... 2'--__ c t< 'ttl \ J • (" CERTIFICATE 01<' OCCUPANCY N£ 4662 CiTY OF SOUTH M1AJvH, r-LOR!DA ,~ (\ (l Kn' , . " 1. Name of owner ~ LU I J ( AWS t..--tv ~ .. ~. ___ ~~_ 2. Address '1&® N {tJ\j; lM1 Ie ~~; H-/00 t&{.£ Iklut'lJ l~t i3'f:1! 3, Na.me of Occupanr fleOi. K.JJMJ (!H''\Jl!1}V nS 4.AddressofpropertYT~fei.:'i~gCO., 4(qp.() SLY fiJ. Ilt'k Bv;IJi...,]) 5, Type orUse fLcSIQn1-tr0l 6. Business or Trade Name {if any) _________________________ :..... 7. Amount of fee paid with this application $ ~i'_.:.jli.Ji.V~()cI<O~-lCOP!L_ _______________ _ it Other pe,m!ts and! ii;e!lsf';s <lppiied for or oblained: Ekctriai Pem.il No. _~---'!)8'; 3qq Building Permit No. Plumbing Permit No. 07·~flk{} Vl=-l{o1 Mechancial Penni, No oe -frfrtt Date I1-J!1rJr:1 Date ! "I '=7 • ~ ;,' 10. Application approve:d: /,,//. , 42':1.· f flit;., Y1 ?' /..1 \ / ,q /1 • _ """""'''''' n-<'i;..6(. .;_;; _> :/ Z:. 7 I /f 1 L Use approved: PI-A';.¢J1l'\lRECr6~ // ! ctiTTFfCATE 1F 0lCUPANCY Issued (datc)_ tzJ 1/j{ oq ! . I t' C ~· --r...t::L J',_ T 1 J ---------------" .. _"._----.. ---- CERTiFICATE OF OCCUPANCY N£ 4663 {TrY OF SOUTH MIAMI, FLORIDA 1. Name or,.wmer {[!he 57 AV[,[,. L-C 2, AddreSS 'Zfjf}n N 1-4; 1; ha-ft ff_ Si'i t? lilt) j~rlCCi R.,!vi), Ct-3~1./1-1 __ _ ... [;1 i ~ .J I {'i. :{ 3, Name or OCCUplintLPCl . {(eMf. LOf'"M ~ *15 4_ Address of property rece-ivi~g Co. _ &fa2f) Wt 57 /Wt: ali, Icfi"'fJ r ), Type of Use f4~-i elf o-t1 tt ! 6, BU~lne;s (lr Trade Name (if any) 7 _ Amount of fee Pll!C wlth this 3pplic3tio!1 $ j,OPO~.~DkD ________ ~ __ ~ ________________ === 8. Olher permits and licenses applied for or obtained: EJec!ri.ai Permit !'-:D. I)g~tjJW D;:lte I ""fir. 'If , Building Pcrrnit Nt)_ OE~~ '17 ,.r:~ U 0 Plumbing Permit No. U v -I I } ;t,~ k'~ Mechl1ncial Permi,.t\o V{/i., ~ .lO. Application approved: i /;-/. ;;L! /,-' 09' f;Nb L \ 17/-"J" F ! / . ..~. ;;0. "j • "', r T7 11. USt: appruvcd: issued (date) r -.' .... 'P'-! ,} t> -l'-{f.i, '-.-. , 'T 't. c . .' (' "-' · ... _-.. _-.'-.-----~ CERTIFICATE OF OCCUPANCY N~ 4684 CITY OF SOUTH j\'lli\MI, Ff.DRIDA '''; .\ {\ ~r> / (.-. LNameofow[Jcr l\..fL\, ")'f ByE" tA .... C 2_Address '2 lov tJ M; !;1a.!'IA ·ff. ~;.." +e. 1M F3cUJ;/{0,I(}f'/ . H. 1~!:Jj () _-1 0.... J .! 3. Name of Occupant ;t..Q;L !.t-aCtrL ((;m~y.lin~ 4. Address of propcny r,ece~v!ng e.O. kk¥f 5&'1,/ 5'1 AVe g.; 1/;,-33 ;: 5. Type of Use {It'''SIfi.Mfip.l. 6.. Business or Trade Nal1R (if auy) ________________________ .:....;..~~ 7. Amount of fee p,aid with this application S i,O ()(). i)(? 8. Other permits and licenses applied for Of obtained: £l 17 Ii"'''} Ekctriai Permit Nt). i/.A -22 '1 Bl.lildio£ Permit No. __ ~[):.!.-,gL·....I' Iw/""'ft"-.'-_____ _ Ph.H11bi:g Permit No. 0.8-q 6!1 Dale Date ["'fUry -, ~ ~ h . 1 P . N' n,p -f~ '-/} ,v,ec ane1a e.rnul 1 '0 ,,'Co '€ r.tZ..f:.. iO. Applicalion approved: \ /j / , ..... U'~ _ ... 4:t0/~ . /1'" Jlf/VZ'-T i h 11. Use approved: C&lfr'FICATll :r ';]Ui"'"'Qi Issued (date) 11--V l> ¥ c t> 7.-i./k{' . L· 7 ~~-~., CERTfF1CATE OF OCCUPANCY N£ 4665 2. Addre,'!g 3. NatncofOccupanr -~,,' '-I?N-! '-.:.-!1i'''1I1'V"/n 4. AdtlressofpmpwyreceivingC.O. bU;'£? Vl/ 57 8V~' fi,rk.f;;~t 1!z4Y"f.lf~/ 5. Type orUse fZc:;1};bl-H(& ! -, 6. Bu-sine6S or Trade N:une (if any) _________________________ ..:....:..c:..... 7. Amount of fee paid \vith this application S _--,Ilt:;l-=::.c.'Z:.;.f)!..-" -'-_ .!.CD..;,:O _________________ _ 8. Other permits and hcenses applied foc or Obtained: EicctnaJ Permit No. Q~~ J~% Date _________ _ Building Permit No. 0'6"; it Date __ ---,._,-____ _ PlumbirHr Pennit No. ' Dt-4'Si) ~ Qg~~~~ 1O.Applicationappro~'ed:' ~~ u''''u ~""'f -.~ f1t! ':j . " . ~ 11. Use approved: Y=4:~'J.·-=~=e/=0iZ i / f' I, J "~. /' .. ~( ,--''';'''4" \........, I ...... \.. Via Hand Delivery Mr. Thomas Vageline Planning and Zoning Director City of South Miami 6130 S.unse1 Drive South Miami, FL 33143 Re: Development Agreement "Red Road Commons" Project Dear Mr. Yage!ine: JerI')' 6, Proctor, Esq. 'Tei 305.350.236i f-a): ~05.351.2250 iI"TOelor.@jblll1!in.o0m December 4,2009 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 11'1e current status, Please note; 1. Permitted Uses, Densities and Intensities: o Item (e.) The Property was developed with a total of 404 units as shown on the approved permit drawing set. o /tern (b.)The Property was developed with approximately 10,000 plus sq ft of r.etail space and a Leasing Office located in 8uilding E as shown on approved perm]t drawing set. o item (0.) 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 accoroarwe with the adopted master site plan on file at the City, including elevations, architectural features and lIThe Projecl1ocatioll will bereferrw 10 IlS (he "Property" ill this repoM, and the Property owner, RRC 57'" Avenue, Ll,.C. will be referred to as "RRC". Attachments to thl$ tetter tlfC marked to correspond with the Item numbers listed in the letter. J have also attached II copy of the re<.:orded Development Agreement. EXHIBIT non Bll,.ZIN SUMBERG 6AENA PRICE 8< AXEI.ROO LlP 20(1 S. Biscayne Boulevard. SuM 2500. Miami. FL 33131-5340 Tel ~OG,374.7580 Fax 30:).374.7593 M1AM12001048.21743027M9 1:214109 Mr. Thomas Vageline City of South Miami December 4, 2009 Page 2 estimated square footages pursuant to Section 20,3~7, Clty Code. The City Manager approved minor modlficat'lons 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. o Item (e.) The Property was developed in one Phase. o Item (f.) RRC applied tor a building permit within six (6) months of execution of the Development Agreement. 2. Public FaciUties: o /tern (a.) Water and Sewer asbuilts were issued to Jose Olivo, Publlc Works Oept., on Wednesday November 1 glh, 2009. (Transmittal attached). SW 66 and SW 66 street Drainage asbuilts were issued on November 20 111 , 2009. (Transmittal attached) o Item (b.) Attached is the agreement between Red Road Commons and All Services from Dade County, including service frequency and permitting. o I/em (c.) Draihsge Services were constructed as per approved permlt drawings and inspected by the City of South Miami. o /tern (d.) Payment in the amount 01 $997,895.20 was made to the City 01 South Miami. A copy of the check is attached. o Item (e.) FOOT plans, permits and record of final Inspections from FDOT and MDC were issued to Jose Olivo, Public Works Dept., on November 19 th , 2009. (Transmittal attached) o Item (1.) A oompliance report will be submitted to the interim City Manager in January, 2010 as required by the Development Agreement. The initial $100,000 payment to the City was made (copy of check attached). 3. Taxes; 1\10 tax exemptions has been flied. Taxes have and will be paid as required, 4, Work Force: .A compliance repoli will be submitted to the Interim City Manager in January, 2010 as required by the Development Agreement. S, Site Plan: o Item (8.) Attached is a copy of the FDEP agency permit WIth records of Inspection. o Item (b,) RRC has secured al\ building entrances, elevalors and gates w.ith FOB key and transponders i$su~d to all residents. Coordination of emergency vehicles has also been taken seriously. RRC has met with the City of. South Miami Police M1AM1200\o48.Z 7743027649 1217/09 G.~ BILZIN SVMSfiAG 6AfiNA PRICt:: & AXHAOO LlP Mr. Thomas Vageline City of South Mia.inl ... December 4, 2009 PageS . Dept and issued 50 FOa keys and Transponders which all their on duty officers and vehicles will carry in case of any emergenoies. (See attached spreadsheet and communication). Additionally, RRC has mei 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 fiving on the premises which are ready to respond to any after hour emergencies. o Item (a.) Development attachments were Issued to Jose Olivo, 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 . .sheetC5. t. (Architectural blow up included for clarity) o Ifems (e.) Record plan sheet, drawing C5,1 rev. 20 was issued to Jose Olivo, Public Works Dept., on November 19 1h, 2009. (Transmittal attached). o Items (r.) Record p~an sheets per City~approved revision 1 a including emali dated October 10 th , 2008 confirming Landscape lay-out and additions were issued to Jose Olivo, Public Works Dept., on November 19th , 2009. (Transmittal attached) o Item (g.) A six (6) ft tali 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, sllOwing all approved occupational license numbers. o Item (I.) Master Signage was provided and approved by the City ot South Miami. o /fern (j.) A 3r<l party I~ghting consultant has been hired and a final report will be issued within 30 working days. o !tern (k.) Reillse areas have been constructed to accommodate adequate dumpsters. Drawings have been approved by ERPB and oonstructed as such. AI! Services (solid waste company) is functioning efficiently and with no complaints. o Item (I.) No FDOT Maintenance Bond was required. A letter from David Plummer & Associates was issued to Jose Olivo, Public Works Dept., on November 191h, 2009. (Transmittal attached under Item #2a) MIAM:12001 048.2774302.7649 1214(09 ~J BIl.ZIN SUMeERG BAENA PRICE 11 AXELHOO LlP Mr, Thomas Vag~line Cfiy of South Miami r .;(.,$mber 4, 2009 ' Page 4 o ltem (m.) Retail establishment parking has been approved as shown on Permit plan set sheet E*A3.01 revision 14, The allocated number of spaces will be maintained as required by L61ramar Communities, LLC, o Item (n.) Sidewalks have been installed per the adopted site plans, o {tem (0.) The Paseo on the North side has been constructed has per the approved, amended Site Plan. o {tem (p.) Civil drawings C5,1 (rev 20) attached shows a total of '6 I.oading Zones as approved by the City of South MiamI. o Item (q.J On~Street parking on SW 66 Street was eliminatf;ld by the City, Fili<lll constrl.Jction was built per approved City of South Miami Permit drawings. o Item (r.) There EIre now 958 parking spaces serving the development. This total was ratified by City staff and the City Commission as part of the most recent minor plan modification approval and a subsequent ordinantXt adopted by the City Commission on November 17, 2009. o It&m ($,) A letter from David Plummer & Associates was issued to Jose Olivo, Public Works Dept., on November 19\11, 2009. (Transmittal attached under Item #2a) o 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 o 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 exp01nding to a total of 170 spaces to acoommodate additional Construction vehlcles. 6, School$: 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 :1.001048.27743027649 12/4109 <:4' alLZIN SUMaEAGBAENA PRI01': & AX~t.A·OD l\.p , • I • 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 06111. J8P: id c: Roger Carlton, Acting City Manager Jay Jacobson Rolando Jaime MlAM14001048.27143027649 1').(4/09 e:.:# BILZIN SUMSERG BAHIA PRICE & AXELROO l.lP Sincerely, ~!f:~ ftJ!b JiOAfJ 1'1WI'£F;TIE3 UC J/I"IIUl~~ , ~m ,mncil .. lU JIM1oJlOll (7'1O)?;}~ ____ .. _.4"-. 'ttF- IlATil ~1tQ. "!XJ'.IIIl' JlII'1UIIl')' 18. 200/) 121 r'''lIW;!l9UQ EXHIBIT "E" Page I of Page I of I 216/13 Search By: Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice/M emorandum Miami-Dade County. Tangible Personal Property Tax 1 NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS Owner's name & billing address: EQUITY RESIDENTIAL 6620 SW57 AVE MIAMI FL 331433845 i, ~ { '. ' Miami-Dade School Board SCHOOL BOARD OPERATING SCHOOL BOARD DEBT SERVICE State and others FLORIDA INLAND NAVIGATION DISTRICT SOUTH FLORIDA WATER MGMT DISTRICT EVERGLADES CONSTRUCTION PROJECT CHILDRENS TRUST AUTHORITY Miami-Dade County COUNTY WIDE OPERATING COUNTY WIDE DEBT SERVICE LIBRARY DISTRICT FIRE RESCUE OPERATING FIRE RESCUE DEBT SERVICE Municipal Governing Board OPERATING Property address: 06620 SW57 AVE 7.76500 .23300 .03450 .36760 .06130 .50000 4.70350 .28500 .17250 2.44960 .01310 4,36390 Exemptions: 49541 49541 49541 49541 49541 49541 49541 49541 49541 49541 49541 49541 384.69 11,54 1.71 18.21 3.04 24.77 233,02 14,12 8.55 121.36 .65 216,19 PENALTY 259.47 Combined taxes and assessments (gross amount) for 2012: $1297.32 November 302012 : $1255.81 December 31 2012 : $1266.18 January 31 2013 : $1276.56 February 28 2013 : $1286.94 March 31 2013 : $1297.32 Tangible Personal Property Home I Tangible Personal Property I 2012 Taxes I Delinguent Taxes Due 2012 BackAs,S€ssments I 2012 Enterprise Folio I 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer © 2002 Miami-Dade County. All rights reseryed. E-mail your comments, questions and suggestions to Webmaster EXHIBIT "F" egvsys.miamidade.gov.1608Iwwwserv/ggvtlpdxa\'A)2.dia?folio=40260595 1/1 216/13 Search By: I Select Item Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Dade County. All rights reserved. Miam-Oade County. Tangible Personal Property Tax Tangible Personal Property Tax Today's Date: 02106/2013 Last Update: 02/04/2013 Tax Year: 2012 Folio Number: 40260595 SOUTH MIAMI Business's Name: EQUITY RESIDENTIAL Business's Address: 06620 SW 57 AVE Total Assessed Value: 49541 Millage Code: 0900 Exemptions: NONE Gross Total Taxes: Ad Valorem 1297.32 Total Gross: 1297.32 Payments Applied To 2012 Taxes: Date Applied Register/Receipt Amount Paid 01/30/2013 6000/0000525 1276.56 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon -Fri 8:00 am -4:30 m Related Links: Tax Collector Property Appraiser Florida State Dept oj Revenue Q Tangible Personal Property 1··lome I Tangible Personal Property 12012 Taxes I Delinquent TaxesDue 2012 Back Assessments I 2012 Enterprise Folio I 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone DirectolY I Privacy I Disclaimer E-mail your comments, questions and suggestions to VVebmaster egwys.mamdade.gov.1608lwJw..servlggWpdxav.08.dia?folio=40260595#txcav.02 1/1 216/13 Search By: I Select Item i, Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments v 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miam-Dade County. Tangible Personal Property Tax 2 NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS Owner's name & billing address: RRC 57 AVE LLC 2600 N MILITARY TRAIL #100 BOCA RATON FL 33431 Miami-Dade School Board Property address: 06600 SW57 AVE z: I (;00 {»)' I Exemptions: TPP EX : 25000 \!;'~ll SCHOOL BOARD OPERATING 7.76500 SCHOOL BOARD DEBT SERVICE .23300 166297 166297 1291.30 38,75 State and others FLORIDA INLAND NAVIGATION DISTRICT SOUTH FLORIDA WATER MGMT DISTRICT EVERGLADES CONSTRUCTION PROJECT CHILDRENS TRUST AUTHORITY Miami-Dade County COUNTY WIDE OPERATING COUNTY WIDE DEBT SERVICE LIBRARY DISTRICT FIRE RESCUE OPERATING FIRE RESCUE DEBT SERVICE Municipal Governing Board OPERATING .03450 .36760 .06130 .50000 4,70350 .28500 .17250 2A4960 .01310 4.36390 166297 166297 166297 166297 166297 166297 166297 166297 166297 166297 5.74 61.13 10,19 83,15 782,18 47.39 28,69 407.36 2.18 725,70 PENALTY 870.97 Combined taxes and assessments (gross amount) for 2012: $4354.73 November 302012 : $4215.38 December 31 2012 : $4250.22 January 31 2013 : $4285.05 February 28 2013 : $4319.89 March 31 2013 : $4354.73 Tangible Personal Property I-lome I Tangible Personal Property I 2012 Taxes I Delinquent Taxes Due 2012 BackAssessmentsl2012 Enterprise Folio 12013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer © 2002 Miami-Dade County. All rights reseryed. E-mail your comments, questions and suggestions to Webmaster eg vsys .mamdade.g ov.1608fvww.lservlg 9 IAJpdllav..<J2.dia?folio=40232199 1/1 216/13 Detail Tax Information: Tangible Personal Property 2012 Taxes Prior Years 2012 Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Dade County. Miarri-Dade County. Tangible Personal Property Tax Tangible Personal Property Tax Today's Date: 02106/2013 Last Update: 02/04/2013 Tax Year: 2012 Folio Number: 40232199 SOUTH MIAMI Business's Name: RRC 57 AVE LLC Business's Address: 06600 SW 57 AVE Total Assessed Value: 191297 Exemptions: TPP EX Millage Code: 0900 Gross Total Taxes: Ad Valorem Total Gross: Payments Applied To 2012 Taxes: Date Applied 11/30/2012 Register/Receipt 6009/0001103 4354.73 4354.73 Amount Paid 4215.38 Amounts due are subject to change without notice. Contact Information E-Mail: Qf.QQtax@ miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon -Fri 8:00 am -4: 30 pm Related Links: Tax Collector Property Appraiser Florida State DeP.L9.f Revenue Q Tangible Personal Property Home I Tangible Personal Property I 2012 Taxes I Delinguent Taxes Due 2012 BackAssessments I 2012 Enterprise Folio I 2013 Qual1erly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer -- All rights reserved. E-mail your comments, questions and suggestions to Webmaster egwYS.rriarridade.g ov.1608/w.NwserviggWpdJ<aV\Q8.dia?folio=40232199 #b«::aV\Q2 1/1 216/13 Miam-Dade County. Real Estate Tax Information Show Me: 2012 REAL ESTATE PROPERTY TAXES PropertyTa>es v NOTICE OF AD VALOREM TAXES AND NON·AD VALOREM ASSESSMENTS Search By: Select Item v . Detail Tax Owner's name & billing address: RRC 57TH AVENUE LLC % WOOD RED RD LLC 2600 NORTH MILITARY TRAIL #100 Information: BOCA RATON FL Real Estate Tax Info 2012 Taxes Prior Years Taxes Qu~ 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise FOIiQ 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax 33431 for a change of billing address form click here .(\' Miami·Dade School Board SCHOOL BOARD OPERATING SCHOOL BOARD DEBT SERVICE State and others FLORIDA INLAND NAVIGATION DISTRICT SOUTH FLORIDA WATER MGMT DISTRICT EVERGLADES CONSTRUCTION PROJECT CHILDRENS TRUST AUTHORITY Miami·Dade County Notice/Memorandum COUNTY WIDE OPERATING COUNTY WIDE DEBT SERVICE LIBRARY DISTRICT FIRE RESCUE OPERATING FIRE RESCUE DEBT SERVICE Municipal Governing Board CITY OF SOUTH MIAMI OPERATING Property address' 6600 sw 57 AVE "1.'/1: , 43,590,000 7.76500 43,590,000 .23300 39,600,000 .03450 39,600,000 .36760 39,600,000 .06130 39,600,000 50000 39,600,000 4.70350 39,600,000 .28500 39,600,000 .17250 39,600,000 2.44960 39,600,000 .01310 39,600,000 4.36390 Jj()i) Exemptions: NONE 43,590,000 338476.35 43,590,000 10156.47 39,600,000 1366.20 39,600,000 14556.96 39,600,000 2427.48 39,600,000 19800.00 39,600,000 186258.60 39,600,000 11286.00 39,600,000 6831.00 39,600,000 97004.16 39,600,000 518.76 39,600,000 172810.44 Combined taxes and assessments (gross amount) for 2012: $861492.42 © 2002 Miami-Dade County. November 30 2012: $827032.72 December 31 2012: $835647.65 January 31 2013: $844262.57 February 28 2013: $852877.50 March 31 2013: $861492.42 Property Tax I'Iome I Real Estate Tax Info 12012 Taxes I Prior Years 12012 Non-Ad Valorem 2012 Bacl<Assewllents 12012 Entergn,*, Folio 12012 Historical Abatements 12013 Quarteny Payments 2012 Tax Notice/Memorandum Miami-Dade Horne I U9t1g Our Site I &ill!.L1 Phone Directory I Privacy I Disclaimer All rightsreoorved. E-mail your comments, questions and suggestions to VVebmaster egvsys.mamdade.gov.16081wNwserviggWtxcaw10.dia?folio=0940250260010 111 216/13 Show Me: Lpro~rtyTCOOS Search By: Detail Tax Information: Real Estate Tax Info 2012 Taxes Prior Years Taxes Due 2012 Ad Valorem 2012 Non-Ad Valorem 2012 Back Assessments 2012 Enterprise Folio 2012 Historical Abatements 2013 Quarterly Payments 2012 Tax Notice/Memorandum © 2002 Miami-Dade County. Miani-Dade County. Real Estate Tax Information 2012 Taxes Today's Date: 02/06/2013 Last Update: 0210412013 Tax Year: 2012 Folio Number: 09 40250260010 SOUTH MIAMI Owner's Name: RRC 57TH AVENUE LLC % WOOD RED RD LLC Property Address: 6600 SW 57 AVE To view 2012 Tax Notice/Memorandum click here Gross Total Taxes: Ad Valorem Total Gross: 861492.42 861492.42 2012 Taxes are in paid status. Payments Applied To 2012 Taxes: Date Applied 11/30/2012 Register/Receipt 6009/0001104 Amount Paid 827032.72 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 Office Hours: Mon -Fri 8:00 AM -4:30 PM Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue Q Property Tax Home I Real Estate Tax Info I 2012 Taxes I Prior Years I 2012 Non-Ad Valorem 2012 Back Assessments I 2012 Enterprise Folio I 2012 Historical Abatements I 2013 Quarterly Payments 2012 Tax Notice/Memorandum Miami-Dade Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer All nghts reserved. E-mail your comments, questions and suggestions to Webmaster egvsys.nianidade.gov.1608fv.N-.J.M,ervlggWtxcay.,()2.dia?folio=0940250260010 1/1 January 23, 2008 Mr. Julian perez Plann.i.ng and Zoning Director City Qf Sooth Miami (i 130 Sunset Drive So'Uth Miami, Florida 33143 Rt:: Red Road Com:ttlOt1S PmpenylProjeot SW Corner t>fRead Road and SW. 66th Stroot, South Mi;,uni To fulfill the requiremellts of the Development Agreetneot fOT the Red Road Commo~ project, First UI)ited Methodim Church of South Mimni 'IUUl worked with representatives of Red Road Commons and reached and agreement on the attached roadWllY improvements to Red Road between the Church property and the development palvel. The developer bas comnritled to these improvements along Red R{)ad, at their expense, for the safety ano OOtiert;lJelll of the comnmnlty and our congregation. Accordingly, First United Methodist Cburch of South M.iami is pleased to endorse these improvements, nud veriiJthat the developer has met the spirit and letter of the Agreement between parties given that the completioo of the project will entail each oftbe items descnbed. J thank the developers and the City of South Miami for the spirit of cwperntion, whicb uocoubtedly will lead 10 a better community. Please feel free to conflillt me sbould the need arise. SiD~ly, .~ t:L~f.:-- First United Methodi&t Churcb (If South Mi!lD1i Ce: Mll-yor Horace <3. Fe1iu, City of South Miami Jerry B, Proctor, Esq. Alexis Stilwell, Cbrrir. TrusteesIFirst Ul-.1C of South Miami Vietor Dover EXHIBIT I1G" '/ II • • RED ROAD COMMONS Red Road 1 mprovements 1. Pus"h~button ";iaU" pede"sirj"ani!""cros"swaH~"signaf"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 I Landscaped MedIan on "Red Road between US 1 and Ponce de Leon Bou!evard. MJAM\14sn!>S.1 Tl4W21649 11]61084:)9 PM .' Via Hand Dellve!1: Ms. Corln~ Esqullarosa Facllities Planning, Miami·Dade County School Board 1450 NE!: 2 Avenue, Sulle 525 Miami. PI 33180 JurY)' Pr<MQI'i.t!fq. 1 e! WSJlOO.m1 ~a' ~~..3!jI,?2t1O Jpt1;I()I.or@bllll/\,<,om $ef.)tember 21, 2007 Re: "Red Road Commons' Development , Prop6'rty: 6600 afl(l -6640 SW 57 Avenue and ~r51 SW 68 Stroot CIty (.If South Miami De~r Ms. Esquljarosiil: Pursuant to Claus" 6 in the attached Development Agref)lm:m\ for the KRed Road Commons" development, enclor;ed pl",as/> find a <;:hec.il to the Miami-Dade County School Boar4 In the f,lmol)n\ of $34,60Q.OO. Plea$~ confirm in wri(i119 the! \hls payment satisfies Itw condition or lhe DeV¢loprnoenl Agreement and any bulkling pennil requirements of the School Board on' this matter. Than\( you for yovr cooperation. Jep:id 00: Jay Jacobson {w/ancl.) Tla .JesseE> (whmcl.) Julian Perez, City of Soutn Miami (w/enGl.) SIncerely, .?3:p~~ EXHIBIT nH" MIAMI H 1$963.1 7143027649 912711)74:21 PM J. .' , " . I .:' I ·::·1 . . ·r t 111I1U 1111111111111111111111111 tlllllllHDI This insll'\.Iment prepar~ by: Jerry B. Proctot, Esq. BH:tin Sumberg Bl;Iena Price & Axelrod LLP 200 South Biscayne Boulevard, Suite 2500 Miami, Florida 33131·5340 (Space Reserved fur CI~rk of Court) UNITY OP TITLE This Unity of TI1le mad~ and exe~uled this ~ day of ~, 2007, by RRC 5yth Avenue, LLC, a Florida limited H~Dmty company. WHEREAS, the undersigned Is the Owner of that property described as: 6600·6640 SW 57 Avenue Folio Nc.: 09-4025·026·0010 Folio No.: 09-4025-026-0020 Folio No.;09-4025·026..{)030 and 5757 SW 68 Street Folio No.: 09-402&.-02&.0060 Legal Description: See Exhibit "A" ~tta(;hlld and made a part hereof. Owner recognl.zes and acknowledges th~t for the pUblic health. welfare, safety or morals, ihe h~relrH:lescribed property $hoUld not be divided ln10 separate parcels owned by several owmllTS so long as the same is pari to the hereinafter use, and In consideration of $10.00 and for other good and valuable consideration, Owner hereby agrees to reslrict tile llse of the subject property in the fotlowing manner: That said property shall ·be considered as one plot. and parcel of land and thaI no portion of said plot ant:! parcel of land shall be sold, transferred, devised or asslgned separately, except In its entirety as one plat Of parcel of land. Owner further agrees that this condition, restriction and limitation shall be deemed a CC1Ven<lnt running with the land and may be recorded, at Owner's expense, in the Publlo Records oi Miami-Dade County, Florida and shall remain in full for.ce and ~fiect snd be binding upon the Owner. their heirs, successors, personal representatives CJnd assigns and upon all mortgagees or le$sees untUsuch time as the same rnay be released 111 writing, after approval by resolution passed ~nd adopled by the City Commission, after public hearil19, and executed ,by the City Manager and City Clerk. EXHIBIT "I" · UnitY -ofT111e Page 2 The release 01 the Unity of Title is contingent upon a cessation of the conditions and/or oriteria whIch orlginaHy required the execution of the subJecl Unity of nt~. [Execution Pages Followl 2 . UnitY ofTitle Page 3. . . ....... M ~ Signed, witne$sed, executed and acknowledged on this Ol: 'is' day of ~.2007. IN WiTNESS WHEREOF, RRC 57 1h Av.enue, Ll.C has Ct;lused these presents to be signed in i1$ name by lt$ property officials. WITNESSES: pn~~--milk ~~J;hr;;I- STATE OF FLORIDA ss: COUNTY OF MIAM'~DADE RRC 57 th Avenue, LLC By: University of Miami. a Flortda nol for profit corporation, it~ sQle member ~y: 2~-J W'Nam, sephT~ Title: enloT ,Vice President for Business and Finance f regolng instrument was acknQwledged Defore me this ~~ay 'Of \....h....,..~~"--.......",........_' 2007, by Joseph T. Natoli as Senior Vice President for Sus I $$ and Finance. of University of Miami, a Florida not for profrt corporaUon, the sole member of RRC 57th Avenue, a FIQrida limited liabiUty cOrt.lP8ny, who (<:heck one) I 1 are personally known to me or I 4/"'.] have produced __________ ~ ____ as identification. CITY OF SOUTH MIAMI Environmental Review & Preservation Board Regular Meeting Minutes Tuesday, October 02,2012 City Commission Chambers 8:30A.M. City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. CALL TO ORDER Action: Mr. Fernandez called the meeting to order at 8:32 A.M. II. PLEDGE OF ALLEGIANCE Action: The Pledge of Allegiance was recited. III. ROLL CALL Action: Roll call was taken. Board members present constituting a quorum: Mr. Fernandez (Chairman), Ms. McCain, Ms. Schwartz, Mr. Gil, Mr. Montana (Vice-Chainnan), and Mr. Corral. Board members absent: Mr. Corlett City staff present: Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support), Ms. Lourdes Cabrera (Principal Planner). Staff members absent: None IV. ADMINISTRATIVE MATTERS There are none at this time. V. REQUESTS ARE AS FOLLOWS: A) ERPB-12-056 Applicant Present: Oscar Vazquez TH/mwl Applicant: Oscar Vazquez Property Owner: OGV Sunset Holdings, LLC For: Office Building Location: 6361 SW 72 Street Request: Exterior Renovation Z:\ERPB\ERPB Minutes\2012 Minutes\October 20 I 2\ERPB Final Regular Meeting Minutes -1O-02-12.docx Page 1 of6 Exhibit "J" Ms. Cabrera presented the item to the Board. Mr. Corral stated that he would like to approve a letter that the applicant submitted to waive a landscape plan based on the applicant returning to ERPB with any changes or additions to the landscape plan. Ms. McCain stated that she feels that the requirements are too loose. She then asked if the Code Enforcement Department will have the landscape design to read when they go out. Ms. Cabrera responded that there will be the survey illustrating the existing trees and the Planning and Zoning department will do a final inspection. Ms. Schwartz stated her concern of the irrigation system being submitted. The applicant responded that he was asked to show the rain gutters and downspouts for the drainage on the building which has been displayed. Motion: Mr. Corral motioned for final approval of the item. This motion was seconded by Ms. Schwartz. Vote: Approved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes ~PB-12-045 Applicant Present: James C. Bartlett Mr. Lightfoot presented the item to the Board. Applicant: James C. Bartlett Property Owner: RRC 57 th Avenue, LLC For: Red Road Commons Location: 6600 SW 57 Avenue Request: Physical Barrier Installation Mr. Fernandez stated that he appreciates the applicant taking the recommendations of the Board. He then stated that when an item comes before the ERPB for final approval, the Board is requesting that a full set of construction drawings be provided. Ms. Schwartz stated her concern of a staircase being left open to the public or is the wall encompassing the area. The applicant stated that this is a common area that leads into the private patios; the residents will now have a private patio area and will require a key fob to allow residents access. Mr. Corral stated that the problem that he had with the initial submittal was the slope of the walls and how they match and meet at the column and ensure that the light poles and the footing are secure. He also suggested that the applicant check the drainage due to the slope of the building. Motion: Mr. Gil motioned to approve the item as presented with staffs conditions that there is no conflict with the proposed design and any existing light poles. This motion was seconded by Ms. Schwartz. TH/mwl Z:\ERPB\ERPB Minutes\2012 Minutes\October 20 I 2\ERPB Final Regular Meeting Minutes -1O-02-12.docx Page 2 of6 Vote: Approved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes C) ERPB-12-064 Applicant Present: Carlos Tosca Applicant: Carlos Tosca Property Owner: Palm corp Development Group, LLC For: Davis Gardens, Lot 28 Location: 6631 Poinciana Court Request: New Construction -Final (Two-Story) Ms. Cabrera read the item into the record. Mr. Corral stated that due to the higher elevations of this property, the applicant did well to contain the water by creating the swell to allow for drainage. Ms. Schwartz addressed her concern of the trees that are set for removal if they have in fact been removed. The applicant stated that whatever is shown on the tree list will be addressed accordingly. Motion: Mr. Corral motioned for final approval as presented. This motion was seconded by Mr. Gil. Vote: Approved: 6 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes D) ERPB-12-066 Applicant: Paradise Awnings Corp. Property Owner: 7300 Investments, LLC For: Town Kitchen & Bar Location: 7301 SW 57 Court, Suite 100 Request: Awning Installation Applicant Present: Paradise Awnings Corp. Ms. Cabrera read the item into the record. Mr. Corral asked the applicant the reason for the installation of the awning. The applicant responded that he believes that the reason that Town Kitchen & Bar is requesting the awning is TH/mwl Page 3 of 6 Z:\ERPB\ERPB Minutes\2012 Minutes\October 20 I 2\ERPB Final Regular Meeting Minutes -1O-02-12.docx to match the awnings on the other side of the building. Ms. McCain stated that she does not like the color of the awning and the building itself is mono-tone. She then stated that even though there are awnings on the side of the building what was the reason for the proposed awning. She then stated what if all the other retail establishments decided to put up awnings, these awnings would be setting a precedent; this awning is proposed to extend over the sidewalk and its five feet. Motion: Ms. McCain motioned for deferral of this item. This motion was not seconded. Mr. Fernandez asked staff if it is allowable to install the awning over the sidewalk, this is an encroachment for the awning to be over the public right-of-way. Ms. Cabrera stated that the specifications listed in the Land Development Code are that awnings are not to be backlit and they cannot be vinyl. He then stated that he likes the subdued brown, the color palette is ok and he likes the display of uniformity of the awnings. Mr. Corral asked for the reason for this proposed awning. Mr. Fernandez responded that he can only assume that the reason is for the patrons that utilize the outdoor dining at this restaurant. Ms. Schwartz stated that they have an arcade where patrons dine for lunch or dinner which is about eight feet wide. She then stated that the advantage for the awning is for the patrons to have a covering while eating and also for the convenience of the restaurant owner to be able to seat more people; however this is an encroachment over the city sidewalks and does not want to see the trees growing away from the buildings. She also stated that this is a nice attempt but she does not agree with it and would like to see the awnings more pleasing to the eye and not extended over the sidewalk. Mr. Montana commented (inaudible). Mr. Gil stated that he does not have a problem with the color however there is the problem with consistency of awnings for the building. Ms. Cabrera stated that the awnings are between the columns either under or above windows. Mr. Fernandez stated that he agrees with staff s observation that it completely breaks up the verticality by placing the awnings in front of the columns, architecturally it is not right. Mr. Fernandez asked staff for the layout of the existing awnings if they protrude out as much as the proposed awning. Ms. Schwartz responded that the existing awnings extend out three feet opposed to the proposed six feet. Ms. McCain withdrew her motion to defer this item and made a new motion. Motion: Ms. McCain motioned for denial of this item. This motion was seconded by Ms. Schwartz. Vote: Approved: 7 Opposed: 0 Ms. Schwartz: Yes Ms. McCain: Yes Mr. Corral: Yes Mr. Fernandez: Yes Mr. Gil: Yes Mr. Montana: Yes VI. Discussion Mr. Fernandez stated that the building already has a master signage plan that works well when items are presented to the Board for review. Mr. Fernandez then recommended that that the landlord submit a master awning plan to the Board for review so that the awning system as a TH/mwl Z:\ERPB\ERPB Minutes\20l2 Minutes\October 20 I 2\ERPB Final Regular Meeting Minutes -1O-02-12.docx Page 4 of6 whole can be reviewed, opposed to it being piecemeal over the course of time. By reviewing the awnings as a whole, it provides a layer of consistency when new tenants come into the site. Ms. Schwartz then added that because the proposed awnings extended out from the building a total of six (6) feet, it was perceived as too much, which was one of the reasons for the denial. Ms. McCain then requested that the issues pertaining to the sidewalk in that area be investigated and please check the Land Development Code as well. Ms. Schwartz stated speaking of encroachments, she has been downtown for dinner walking along the sidewalk on Sunset Drive and the chairs, tables, trees and the tree bases impede to right-of-way. She then stated that she feels that downtown should be more user friendly and the restaurants need to comply with code enforcement. She also stated her concern of the flashing neon signs like the sign at Fox's and would like for code enforcement to look into it. Ms. McCain stated that she feels that the restaurants are not complying with their seating charts and are doubling the number of chairs on the sidewalk. Mr. Fernandez stated that outside dining requires a special use permit which has to approved by the Planning Board and then it has to go before the City Commission for approval. Mr. Lightfoot responded that the process for an outdoor seating permit is handled administratively; each department reviews the complete application which requires the signature of the City Manager, Code Enforcement, City Attorney, City Clerk and the Planning Director. Ms. McCain stated that she feels that the system fails once the permit is granted because the food and beverage establishments are not all complying with the Land Development Code. Mr. Corral stated that when there are more regulations in the Land Development Code, you lose the flexibility which should be warranted in certain situations. Ms. McCain asked staff to research the Land Development Code regarding encroachments. Mr. Corral stated his concern of the construction of a median improvement on Sunset Drive between SW 5ih Avenue and SW 58 th Avenue and it was proposed that there would be plant material along with palm trees, the ERPB was presented with this project but not for approval. Mr. Fernandez then asked staff to get clarification regarding whether public projects will come before the ERPB for review and approval or just for review. Ms. McCain provided the ERPB members with a copy of a proposed ordinance scheduled for first reading on the City Commission agenda sponsored by Commissioner Bob Welsh. The ordinance states amending the Code of Ordinances section 8A- 4(A) to repeal the part that states that a Commission member may not directly or indirectly attempt to influence the decision or an act of a Board member. The Board then held a lengthy discussion on this subject. VIII. APPROVAL OF MINUTES: A. ERPB Minutes of September 18, 2012 -The Board approved the minutes as provided with no changes. Motion: Mr. Gil motioned to approve the minutes. This motion was seconded by Mr. Montana. Vote: Approved: 7 Opposed: 0 Ms. Schwartz: Yes Mr. Corral: Yes Mr. Gil: Yes Mr. Montana: Yes THlmwl Page 5 of 6 Z:\ERPB\ERPB Minutes\20l2 Minutes\October 20 I 2\ERPB Final Regular Meeting Minutes -10-02-12.docx IX. Next ERPB Meeting: Tuesday October 16, 2012 at 8:30AM. X. ADJOURNMENT: There being no further business, the meeting was adjourned at approximately 10: 10 A.M. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration [per § 20-6.2 (A) of the City's Land Development Code]. If you have any questions concerning this matter, please contact Lourdes Cabrera-Hernandez, of the Planning & Zoning Department, between the hours of8:00 AM and 5:00 PM, Monday through Friday, at 305.663.6347. THlmwl Z:\ERPB\ERPB Minutes\20 12 Minutes\October 20 12\ERPB Final Regular Meeting Minutes -10-02-12.docx Page 6 of6