5South Miami
hO,_
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
'iiir
To: The Honorable Mayor and City Commission
Via: Steven 1. Alexander, City Manager
From: Christopher Brimo, AICP ofJ /
Planning Director V
Date: January 21, 2014 ITEM No.
Resolution relating to the review and acceptance of the Annual Housing Report of the RRC
57 Avenue LLC [Red Road Commons], on their mixed-use development project located at
6700 SW 57 Avenue.
SUMMARY
The City Commission at its April 5, 2005 meeting approved Ordinance No. 12-05-1834
allowing for a Planned Unit Development, Mixed-Use project known as Red Road
Commons located at 6600-6640 SW 57 Avenue, to be constructed that included up to 407
multi-family residential units, retail uses, office uses and a parking garage. Pursuant to
the requirements of the Development Agreement between the City of South Miami and
RRC 57th Avenue LLC, executed March 29, 2007, the developer's legal counsel
submitted their annual report on the Moderate Income Housing requirement of the
agreement.
Section 2f of the Agreement stipulates that " ... ten percent (10%) of the units will rent to
individuals or families in the moderate income segment of the affordable housing
group ... ". The 2013 area median income for Miami-Dade County was $49,000.
The property was developed with a total of 404 units. Based on the information provided
by the owners representative, 386 units were leased as of December 31, 2013.
Additionally, the report contains the Affordable Housing Compliance Report for the year
ending December 31, 2013, which indicates that a total of 42 units are currently rented to
individuals and/or families that qualify within the moderate income group. Based on the
total number of units rented as of December 31, 2013, the Development is in compliance
with the provision of Section 2f of the Agreement.
Backup Documentation:
• Resolution
• Housing Report Letter and List of Units
• Development Agreement Dated March 29, 2007
Z:\Coll1ll1ission Itell1s\2014\0 1-21-14\RRC 2013 Annual Housing Report\RRC Housing Report_ CM Report_I-21-2014.docx
2001
1 RESOLUTION NO. -------
2
3 Resolution relating to the review and acceptance of the Annual Housing Report of
4 the RRC 57 Avenue LLC [Red Road Commons], on their mixed-use development
5 project located at 6700 SW 57 Avenue.
6
7 WHEREAS, the owners and operators of the Red Road Commons development, pursuant to the
8 Development Agreement dated March 29, 2007, between the City of South Miami and RRC 57 Avenue
9 LLC, is required to submit an annual housing report to the City Manager; and
10
11 WHEREAS, the development agreement Section 2f stipulates that a minimum of ten percent
12 (10%) of the residential on the property will rent to individuals or families in the Moderate Income
13 Segment of the affordable housing group; and
14
15 WHEREAS, as 2013 area median income for Miami-Dade County was $49,000; and
16
17 WHEREAS, the December 31, 2013 report delivered to the planning department by Red Road
18 Commons, shows that 386 units were rented, of which 42 units were rented to individuals or families that
19 qualify within the Moderate Income Segment, according to the report; and
20
21 WHEREAS, the Planning Department reviewed the Annual Housing Report and finds that it is in
22 compliance with the provision of Section 2f of the Development Agreement, based on the data reflected
23 in the report.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. The Annual Housing Report for the Red Road Commons development submitted on
29 January 08, 2014 is hereby accepted by the City Commission for the calendar year 2013 based on the
30 assumption that the data reflected in the report is correct and without waiving the City's right to
31 investigate the truth of the representation made in the report at some future date.
32
33 Section 2. This resolution shall be effective immediately upon being approved.
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PASSED AND ADOPTED this __ , day of ___ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Bilzin Sunlberg
A Tl 0 f( Y /\ r L VV
Via Hand Delivery
Mr. Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: "Red Road Commons"
Property: 6600 SW 57 Avenue, South Miami, FL
Housing Report
Dear Mr. Alexander:
Jerry B. Proctor, Esq.
lei 305.350.2361
305.351.2250
jproctor@bilzin.com
January 3, 2014
Our firm represents the owners and operators of the "Red Road Commons" mixed use
development at 6600 SW 57 Avenue (the "Property") in the City of South Miami.
Pursuant to the Development Agreement between the City of South Miami and RRC 5th
Avenue, LLC, a copy of which is enclosed, a minimum of ten percent (10%) of the residential
units on the Property will rent to individuals or families in the Moderate Income Segment of the
Affordable Housing Group. This requirement is contained in paragraph 2f on page 3 of the
Development Agreement.1
Determination of the Moderate Income Segment is made annually through the provision of
the Area Median Income from Miami-Dade County by the United States Department of Housing
and Urban Development. The area median income for Miami-Dade County is $49,000, as
determined by U.S. Housing and Urban Development in Fiscal Year 2013. Moderate income is
defined as those earning between 80% to 120% of the annual median income. Accordingly, the
current income level per unit to comply with the 10% requirement is between $39,200 per year
and $58,800 per year.
Enclosed please find a list of the units where the residents comply with the Moderate
Income Segment and, therefore, qualify the units as such pursuant to the Development
1/ I have also attached an "Amendment to Development Agreement," recorded on March 25, 2010, that did not
amend the housing component of the Development Agreement.
MIAMI 3986320.1 77430/27649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-34561 (1305.374.7580 305.374.7593 www.hil/.ill.conl
Steven Alexander.
City of South Miami
January 3, 2014
Page 2
Agreement. As of December 31, 2013, 386 units in "Red Road Commons" were rented out;
accordingly, the attached list of units and incomes complies with the 10% requirement.
I trust this submittal complies with the annual housing requirement in the Development
Agreement. Please give me a call if you have any questions.
Sincerely,
JBP: id
c: Maria Menendez, City Clerk, City of South Miami (w/encl.)
Christopher Brimo, AICP, Planning Director, City of South Miami (w/encl.)
Thomas Pepe, Esq., City Attorney, City of South Miami (w/encl.)
Gabriel Fisher, Property Manager, Red Road Commons (w/encl.)
Colleen A. Yeager, Equity Residential (w/encl.)
MIAMI 3986320.1 77430/27649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
2013 Metro Dade
AMiss set bv HUD $49 000.00
Moderate Income 80% to 120% of AMI
D.finfti~nu~set by or $39.200 to
~58 800
Total n~mber of
Apartments leased 386 as of December31.
2013 '
U,nits in complianCe
parDe~elopment
Aareement 42
APartment ,UnitType
lx' '/20/2013
8-106 x1 7/26.
1x1 '/29/2013
Red Road Commons
Affordable Housing CompHanca RapoTt..January 2014
forYearendln December31 2013
1~~~mpli~noC: ~:
180% of
I Mo~e~atelncome las by
IHUD YIN
114 ~39,900.00 81% Y
114 Y
51: 114 Y
2/: 114
4t )14
71: )14 i58 100.OE
i56,760.0C
'46,560.1 95%
;46,500.1
~~~al Lease
,841.
,170.
, )70.
,100
1~~~~SOf
Incarneto
Rent
Payment
55%
44%
45 '
14)6 1x1 Sf IOf,104!
8-421 1x1 117/201, ;39,496!
2x2 ,/23/2010 ;54,000.OC 0% y ,198. 41
l' ,460. 32%
y ,.00
21
22 Ix1 tit 81
0-202 1x2 013 /201.
1x1 21/2013 612 ;39,900 .. 580
'/23/201 ;46,495.1 95% 171.
/201 y 43%
0/31201 y .00
12C
29 11120
30 12
131 131 8/201:
E-305 !0/2013 l/19/201, ',36
E-: 1x1 4/2013 8/13/201. ,085.1 35.
1x1 ,/19/2013 14 '41,355.84 84% 05.
01, 81 y 645. 47%
14 y ;.00 41
)14
14
!~ 114 ti" 13 8/ 1014 )0. ~~~~~F~-104~-+r---~---r~~9/2~~~10~2~014~-7.~,~:0~01 .. '0~0--~m-~~--~--~~~~++~~~
~; F-301 1x1 1/3/2013 1/3/2014 ;46,500.00 95% ,834.
General Notes:
HUD Def"mition
"people with incomes between 80 and 120 percent of the AMI are moderate income."
o State of the Housing Counseling Industry, US Department of Housing and Urban Development, Office of Policy Developme
o http://www.huduser.org/Publications/PDF/hsg_counsel.pdf
Development Agreement
2.f -Housing-A requirement of ten percent (10%) of the units will rent to individuals or families in the moderate income segment of the affordable housing group. If the residential units convert to
condominiums, ten percent (10%) of the units 'vVi1l be sold to individuals or families in the moderate income segment of the affordable housing group. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short term vacancies. Incomes shall be based on Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development. Proof of
compliance with this requirement on an annual basis shall be provided in writing on or before January 15 of the follOwing year to the City Manager.
j' ,t. !'I
This 11llitrumenl prepared under the supel'vlsion:
and whcll recorded l'et\l!'tl to:
JIllTY B. Prootol', Esq.
BiI?:in Sumbcrg Buenu Price & Axelrod l.,LP
200 South Biscayne Boulevard
SUite 2S00
Miami, Florida 33131·2336
DEVELOPMENT AGREEMENT
I IIIUlIlllllIIl1 IIIIUlllf.lIIINIIII·IIIIIIII, .
CFN 2007R032SSS6
OR Ok 2S+96 ~9~ OO~2 ~ 72' (21~~~) RECOR~ED 03/30/2007 15102'31 HARVEY RUVIN, CLERK OF COURT 'MIAMX-OAOE COUNTY, FLORIDA
(Sp~cc Reserved for Clerk)
This beveloprnent Agreement is made as of this a..'1~ day ofNla.V~> 2007, by and
betweon The City of South MLqmi, Florlda, a municipal corporation C'CJtyt') and RRC 57!h
A venue, LLC ('IApplicant fl ).
Applicant hereby Yoluntarily makes, declares, andjmposes on the property described
below, this agreement nlllnil1g with the title to the land, which shall be binding on and shall inure
to the benefit of the Applicant, Sl.Iccessors and assigns, mortgagees. lessces~ and against all
persons claiming by, through, or under them until stlch time as this Development Agreement
("Development Agreement") is released in writing as hereinafter provided;
WHEREAS, Applica11t owns the property in the City, in Mi/:lmi~Dade County, T?ioridn,
legally described on Exhibit liN', also 1m.own as 6600·6640 S.W, 57 Avenue and 5757 SW 68
Streot (the "Propel'ty lt). and
WHEREAS, on July 22, 200l'1 Applicant filed an application with the City to rezone the
Property from TODD (MU-4) (Transit Oriented Development District) to PUO-M (Planned Unit
Deve.lopment.Mixed Use), and to obtain site plan approval (the "Application"), and
WHEREAS, the Florida Local Government Development Agreement Act, set fOlih in
sections 163.3220 -163.3243, l<lorida St'ltutes, (the "Act") provides fol' the execution of
developm~lnt agreemenls to insure that the law in effect ut the time of the execution of the
development, agreement shall govern the development of the land for the drll'ation of the
agreement.
NOW, THEREFORE, in consideration of the covenants, conditions, ,md promises herein
contained, the receipt Hnd sufficiency of whkh are expressly acknowledged, Applicant Emd the
City hereby agree as follows:
MIAMI 819310.15 7:l2602153 J
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1. 'Permitt~~ !lS~l D~nsiti~. and Intensities. Pursuant to the provisions' of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more tban 407 residentia.l units on the Property.
b, The Property shall also be developed with retail space and a leasing office.
c. Development on the Property shall not exceed five (5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted mastor site
plan on file at the City, including elevations, architectural features, and estimated
commercial square footage pursuant to Section 20.3 M 7, City Code,
e. Development of the Property shall be in one (1) phase.
f, A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20·3.7(i), Expirations of POD
Approvals.
2. f!lWic FMilitics: In order to enbance public facilities in the City of South
Miami, Applicant agrees to provide services in COmpliaI1Ce with Section 20-4.1 of
the Code of the City of South Miami, including:
a, Water and Sewer services that comply with all requirements of Miami-Dade
County fur any building prior to issuanoe of a final Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Miami-Dade County
for any building prior to issuanoe of a final Certificate of Use and Occupancy.
c. Drainage services that comply with all requirements ofthe Florida Building Code
prior to the occupancy of allY buildings,
d, Based on the projected residential population on the Property, Applicant agrees to
donate $928;000 in one lump sum as its responsibility for meeting park and
recreation concurrency . .Payment shall be ma.de on or before receipt of the first
building permit and shall Include any interest or oarrying cost incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "BU, incorporated herein by reference.
e. Traffic.Applicant will obtain necessary governmental approva1s, and oause to
have placed and operational ftseparate leftAurn, northbound entrance 'lane on Red
Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on
the Property~ prior to the oocupancy of any bulldings on the Property, In addition,
Applicant will present plans within two (2) years after the recording of tlllS
MJAM( 819310.15 732602J53 1
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Development Agreement to gOVl!lrnmenta1 atlthorities, including the Florida
Department of Transportation, fOT beautificatJon of the m.edian area to consist of
curb and gutter improvements and landscaping in the center of Red Road (SW 57
Avenue) ,direotly south of the intersection of Red Road and Ponce de Leol)
Boulevard, Subj<x:t to approval of necessill'y permits by governmental authorities,
Applica.nt will pay for and constmct the bcalltificatio'n improvements,
f: Housing -A reqnirement often percont (10%) ofthe units will rent to individuals
or lbmilies in the moderate income segment of the affordable housing ,group. If
the residential t1111ts convert to cOll,dominiums, ten percent (t 0%) of the nllits will
be sold to individuals or families in the moderate income segment of the
affordable housiug group. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from sho.1'Herm vacancies, Incomes shall
be based on Area Meoian Income (AMI), as d,efined by the U.S, Department of
HOllsing tmd Urban Development. Proof of Compliance with this requirement on
an annual basis shall be pl'Ovided in writing On or before January 15 of the
foJlowing yent' to the City Manager. In addition, the App.llcant shall make a
payment of $100,000 to the City 011 or before the issuance of the first certHlcate of
use and occupancy for the development on the Property, to be placed in a City
tTtlst fund to assist in the development of low income hOtlsing in the CJty's
COffil11U.1iity Redevelopment Agency area.,
3, Taxes: Applicant agrees to pay alJ taxes to the City of So 11th Miami in an amount
eqtlal to the annual Operatil1g Milluge Rate, If the Property Owner receives an
exemption for paying Operating Millage Taxes from Miami-Dade County, ihc
Property Owner shall contribute an amount equal to the Operating Millage Taxes
to the City of South Miami in nny your that such exemption is granted. This
provisIon shall noi abrogate any of the Property Owner1s rights to file appeals of
Tux Assessments Ibr the Propel'ty, in uooo)'danc~ with the laws 0 f .Miami~D~de
County,
4, Work !i:oj'!,1e: In an effort to enhance job opportunities for locnl citiz.ens,
Applicant agrees to give a preferenoe to job applioants residIng in South Miami.
II) order to maximize the pool of upplicants from South Miami, the AppJica,nt
shall send notice to the Community Redevolopment Agency .Director of the City
of South Miami, 0\' a substitute designee by the City Manager, prior to 01'
concurrent With th~ issuance of any (1) bids for oonstruotion work on the
Propelty, (2) bids for tempol'ary oj' pcnnanent maintenance work 011 the Property,
or (3) proposals for leasing of retail space on the Property. In regard to
recruitment and employrnent, tbe Applicant shall demonstrate that it has ~lsed its
best efforts to hire job appllcflllUi from the City of South M.iami, provided s\lch
candidates are quallfied for the positions in question. In addition, the Appllcant
shall hire two residents from the eRA district to assist the Applioant in providing
construc~ion services dut:1ng the period of construction and development of the
Property, Payrnent for the positions shall be at Applioant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries,
MIAMI 819310,157326011531
JI'J.9107 3
5, Site PJ~lJ.
a. Applicant shall retain stormwater drainage runoff on site in accordance with City
regu.lations.
b, Applicant shall provide on site seourity, As part of on site sl!lcurlty to be provided '
by tho Applicant, the AppHcant shall monitor and keep operable the security gate
to the proposed parking garagel and make arrangements to assure em~l'gcncy
access by public safety vehicles.
c, The entrance at Lcvante Ave, shall be signalized and approaches installed based
on approval by Mlaml·Dade County and the State of Florida Department of
Transportation.
d, The exit for the driveway onto SW 66 Street shall be designed and operated as a
right turn out only driveway. The exit shall be c10sed with a gate to prevent turn
out between the hours of7:00 A.M, and 10:00 A,M., Monday through Friday,
c. Applioant shall provide a ndnimum of one (1) stop location on site for service by
the HurryCane shuttle. The shuttle stop locations shall not interfere with SW 57 th
Avenue traffic, All HurryCane shuttle passe.nger piok-ups shall be coordinated
with the City of So\\th Miami shuttle pick'l:lps to minimize traffic impaots.
f. Applicant shall provide and maintain landscaping acceptable to the City between
the FPL facility and the garage. The applioant must provide kl row of 12' high
trees with trunk circumferences not less than 6 inches on the City's property
between the FPL faoility and the South Miami Community Center. The row of
trees to be located on the City's property between the FPL faoility and the South
Miami COlmml11l1y Center shall be uniform in appearance and consist of not less
than 25 trees in the row.
g. Applicant shall provide and maintain a six-foot high CBS wall between the
project and the remaining service station,
h, .Employee parking shall be restricted to the garage and. it shall be the developer's
or his assign's responsibility to submit with each occupational license proof that
employees are utilizing the assigned parking.
i. Applicant shall provide a master signuge plun for project identification, tl'llJt1C,
routing, and retai.! stores prior to fimL! pr~iect approval by the EuvirOlUl1ental
R~Niew and Preservation 'Gourd (ERPB).
j. Applicant shall limit 011 sitt') ligbting property edges to 2 foot-candles of intensity
at at) 18 Inch height. Within six months of project completion the applicant is to
provide a certified report on the mandated ilIuminCltio111evel.
k. A.pplicant is to assure that the refuse service areas shall be lal'ge enough to
accommod"te ndeqllate dUllipstel's. The final nmnber and dimensions of service
MIAMJ 819310,)5 732602153 I
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areas shall he mandated by the Environmental Review and 'Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Devel.opment Agreement prior to final approval of the Development Agreement.
All parking and street improvements placed on the public right-ot:'way on SW 57
A venue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to p«;il1nit iss1.1fmce in accordance with rules of the Florida
Department of Tnmsportation. Proof of posthlg of the bond sl1a11 be provided to
the City.
Applicant !nust limit the types of retail establishments in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan, AppHcant to provide the City an initial parking plan for
retail stores and shall main~ajn the allocated number of spaces for each occnpant.
Applicant shall install all sidewalks as shown on the adopted mast~r site plan.
Applicant shall open up the paseo 011 the north side as shown on the amended site
plan, as approved by the Plalming Board, in order to break up the long facade of
the residential. building,
Applicant and the City shall agree on the number of locatlons of the loading zones
prior to the final appl'oval of the Development Agree-ment, The dimensions and,
locations of the loading zones shall be attached as an exhibit to the Development
Agreem cut.,
Applicant understands and agrees that the City may eliminate the on-street
parking spaces located 011 SW 66 Street.
Applicant shall provide 1,001 parking spaces (which may be reduced in
accordance with Condition #Sq, requiring removal of on~street parking all SW 66
Street), through a combination of parkiug garage, a smail surface lot, and on-site
street parking.
The Applico'nt will commit to panicip<lte in a joint working group with the First
Methodist Church of South Mlflmi and municipal, oounty and state agencies t.o
devise a plan mutt1ally agreeable to Applicant and the First United Mr;;thodist
Churoh of South Miami, for pedestrian improvements and beautification fol' Red
Road. Applicant will contribute the construction cost of speoiflc pedestrian
enhancements agreed upon by Applicant and the First Ullited Methodist Church
of South Miami.
The Applicant wi,ll present plans for traffic pem1its indicating travel lanes of 10.5
feet on Red Road (SW 57 Avenue) and, if approved, wlJ1 create un enhanced
"landing %Ol1e ll for pedestrians in the center of Red Road between the Prop~rty
and the First United Methodist Church to the east, subject to the approval of
Miami-Dade County and the State of Florida Department of Transportation,
MIAMI 819310.15 7326021531
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t. The Applicant shall not exc(')~d a noise level egual to the ambient background
level at 10:00 P.M. at a looation adjacent to the Property to be selected by the
Planning Director; said location may change from time to time,
u. The Applioant shall obtain approval from the City of a parking plan for
construction workers prior to the issuance of a building permit.
6. Schools, In an effort to assist public schoo).9 located' witi)in the City, Applicant
volulltarily agrees to donate $34,800 to the Mi.ami~Dade County School Board
(riSchool Board"), to be specifically earmarked for capital improvements at public
sohools looated in the City. The Applicant's donation shall be paid lIpan the
issuance of a Certificate of Use and Occupancy for the first residentlal unit on the
Property. Decisions shall be made jointly by the City and School Board, and
funds must be spent within two (2) years of the donation. In the event that no
copital improvements can be identified or agreed upon for tbe expenditure of the
funds within the two year period, the Applicant's donation may be utilized to fund
programs, purchase materials (such as additi011al computers) or in any manner
that the School BoaI'd and the City determines will enhtvnce the cUTI'iculum and
the students' attending the subject school's educational experience. Tel'rns of the
donation !lnd student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference,
7, pnity of Title; Applicant shall submit !1 Unity of Titlo} pUl'SLlant to the
requirements of Section 20·3.7(B)(l), City Code.
NOW THEREFORE, the City, in considcratiott of the premises, hereby agrees as
follows:
8. Vesting. As long as the development on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the execution of the Development Agreement as well as
other requirements imposed by the City Commission upon the rati.ficatlon of the
rezoning or the site plan approval on the Property, the Property shall not be the
subject of a downzoning applioation by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by the City lhat limits the devolopment contemplated by this Agreement
and depicted in the Master Plan. Any failure by this Agreement to address a
particular penn it, condHi on, tenn 01' restriction shall not relieve the Applicant of
the nece8sity' of complying with the law govemil1g said permitiing requirements,
conoitions, terms 01' restrictions.
9. Iml1!\ct Fees. The Propetiy shall not be subject to ,my new impact fees imposed
by the' City after the adoption of the Resolution approving this Development
Agreement.
MfAMI819310.157326021531
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10. Concurrency and CQnsist~!1cJ:' The Application togeth¢r with the Applicant's
performance under tlle Development Agreement satisfies the concurrency
requirements, as delineated in Section 20·4,1., City Code, By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets aJl concurrency regulations enumerated in Section 20w4, 1 of the City Code,
and that the rezoning and sito plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations,
Additional Requil't~ments:
11. Term of Agreement. The provisions of this Development Agreement shall
become effective upon its recordation in the public records of Miami-Dade
Coullty, Florida, and shaH continue [ll effect tor a period often (10) years after the
date of such recordation, after which it JUay be extended by mutual oonsent of all
legal and equitable owners of the Property, and the City of South Miami upon
approval at a publio hearing.
12. AIlD",al Rl.lllort and RevieV\:, It shall be the responsibility of Applicant to sllbmit
an annual report to the City sufficient to fuliill the requirements as stated in the
provisions of the Act, and Ordinance No. 11~05"1833. This agreement shall be
rev.iewed annually on .the anniversary of the effective date of this agreement.
Applicant, or its assign, shall submit an anmi~l re·port at leasl 30 days prior to the
annull! review date, This report sh~1l contain a section-by-section listing of what
obligations have been nwt and the date finalized, as good faith compliance with
the terms of the agreement. The City Commission shal1l'eview the annual report
at a public meoting, If the City Commission finds, on the basis of subst&ntiul
competent evidenoe, that there has been a failure to comply with the terms of the
Development Agreement, tllc City shall provide the Applicant with a fifteen (15)
day written notice and opportunity to cure the non-compliance, The Applicant
shall have 45 daysufter the expiration of the 15~day notice period to begin to cure
the non-oompliance, after which the Agreement may be revoked or modified by
the City. The obligation to s~lbmjt an !l.mmal report shall conclllde upon the date
on which the agreement is tenninated.
13. M0p.,ification. The provisions of this Development Agreem.ent may be amended,
added to, derogated, deleted, modilied, or chunged fl'Ol11 time to time by recorded
instrument executed by the then owners of the .Property and the City, Any
modificntions to the Site Pia)) must comply with the regulations fol' amondment to
PUD-M dovolopmont contain('}d in Chapter 20 of the City Land Development
Code.
t 4, Enforcement. The City, its successor or asslgns, and the Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties 01' persons Violating OJ' attempti.ng to violate any covenants,
either to rostrain via lation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, il1 addition to oosts ~nd
MIAMI 819310.15 73Z(i0:41531
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disbursements allowed by law, such sum ,as the court may adjudge to be
rensonable for the services of its attorney. Attorney's fees 'payable under thi.s
paragraph shall not exceed 25% of the judgment.
15. Insl?ection~ Noth.lng in this Agreement Shflll be construed to' waive or limit tho
City's governmental authorlty as (l municipal corporation and political subdivision.
of the State of Florida. The App licunt, therefore understands and agrees that any
offloial inspoctO'r of the City of South Miami~ 01' its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
investigating the use of the premises to determine whether the Property complies
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and Inspections, III the event the
AppJicant(s) is/an; O'bligated to make payments or improvements undel' the terms
of this Development Agreement and 8~lCh payments are not made as required, or
such improvements are 110t made as required, in addition to any othel' remedies
available) the City of South Miam.i is hereby authorized to withhold any further
permits on the portion of the Property failing to comply with this Development
Agreement, and refuse to' grant any inspeotions. any approvals, or fmy certificates
of occupancy with regard to that portion of tho Property ul1til such time this
Development Agreement is complied with.
17. ReUl'cscntations of the Appllc.\lut. Applicant represents to the City flS follows:
a, The execution~ delivery and performance of this Agreement and aU other,
[ustrnments and agreements executed in connection with this Agreement have
been properly authorizod by the Applicant and do not require further approval by
Applicant.
b. This Agreement has been properly executed) and oonstitutes Applicant's legal,
vaUd llnd bindlng obligations, enforceable against Applicant in accordance with
its tenus.
c. There are no actions, suits or proceedings pending or threatened against or
affc(}ting Appl.i.cant before any CO\.IJ't or governmental agency that would in any
mMerial way affect Applicant's ability to perform this Agreement.
d. Applicant shaH not act in any way whatsoever, directly or indirectly, to cuuse this
Agreement to be urnended. modtfled, canceled or terminated, except pursuant to
its express tenns, and shall take all actions necessary to ensure that this
Agreement shall remain i11 full force and r;lffect at an times.
c. Applicant has the financial oapacity to payor ndY<lnce in the City all fees and
payments as required under this Agreement.
18, SeverabilIty: If any provision of this Development Agreement 01' the application
thereof to any person 0)' circumstances is held invalid, prohibited, 01'
unenforceable for any reason, this the Development Agreement shall be
MIAMI8193JO.157326021531
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ineffective ol~ly to such extent and the remaining pl'ovisions shall continue to be
given fun force and effeot so far as possible.
19. Joint Preparatiol,. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsecti.on contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenev~r the teml
"included" is used in this Agreement, it shall mean that the included items or
terms are .included without limitation as to any other items 01' terms which may
fall within the listed category.
20. B,indlng Effect. Tho burdens of this Agreement shall be binding upon, and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. !;.imtions and Headings. Paragraph headings are for convenience only and
shall not be used to construe 01' interpr~t this Agreement.
22. Applicable Laws. Jurlsdic,IQo, ~lId Venue. This Agreement shall be govemed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida wHhout regard to principles of conflicts of law, This Agreement may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
litigation pertaining to the subject matter hereof shall be oxclu,~ively in Miami·
Dade County, Florida.
23. Notices. Any notices or reports required by this Agreement shall bt.l sent to the
following:
.Eo.-the City:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Cogy,tO!
Planning Director
Planning and Commtmity Development Department
City of South Miami
6130 Sunset Drive
South Miami, Pl. 33143
MIAMI 819310.157326021531
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For the Applicant;
Irma Abella, Esq, ,
General Counsel's Office
Univel'sity of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, FI. 33125
COPY!Q,:
Jerry B. Proctor, Esq,
Bilzin Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, PI. 33131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
perfonmmce of any covenant, agreement, term or condition of this Agreement, 01'
to exercise any light or remedy consoquent upon the broach thereof, shall
const,itute a waiver of any such breach or any subsequent breach of such covenant,
agreement, term or condition. No covenant, agreement, tel11t, or condition of this
Agreement and no breach thereof shaH be waived, altered or modified except by
written 1l1strument. No waivel' of any breach shall affect or alter this Agreement,
but each and every covenant, agreement) teml and condition of this Agreement
shall continue in full foroe and effect with respect to any oth!;r then existing 01'
subsequent breach thereof,
25. Third Pm'iY B,eneficiary. rl'his Agreement is exolusively for the benet1t of the
parties hereto a.nd their Affiliates and it may not be (:')nforced by any party other
than the ,parties to this Agreement and shall not give rise to liability to any'third
party other than the authorized successors and assigns of the parties hereto, '
26. Sm'viva). A11Y covenant, tOlm or provision of this Agt'ee.ment which, in order to
be Gffective, must survive the termination of thi.s Agreement, shaH survive any
such tennination including without limitation, paragraphs 2, 3 und 6 which shall
survive this Agreement.
27. Periods Q~' Time. Whenever any determination is to be made 01' action is to be
taken on a date sped fled in this Agreement, if such date shall fall on a SaturdaYl
Sunday or legal holiday, then in s~lch event said date shall be extended to the next
day which is not a Saturday, Stmday or legal holiday,
28. .Entire Agreel,nellt. This Agreement sets forth the tmtire agreement between the
parties hereto with respect to lhe subject matter hereof. All agreements,
covenants, representations, and warranties, express or implied, oral or written, of
the parties with l'espect to the s-ubj ect matter h0r~of are contained herein, No other
agreements, covenunts, repl'csentations, or warranties, expl'elSS or implied, ora) or
wlitten have been made by any party to the other Winl respect to th!'.l subject
matter of this Agreell1ClDt. All prior and contemporaneous conversations,
MIAM1819310.157326021531
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discussions, negotiations, possible and alleged agreements and representations,
covenants and walTanties with respect to the subject matter hereof, are waived,
merged herein and superseded hereby. Each party aftlnnativcly rep\'esents that no
promises have been made to that party that are not contaIned in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and tho Exhibits, shall be admitted into evidenoe 011 its behalf.
This Agreement shall not be stlpplemented, amended 01' modified by· any course
of dealing, oourse of performance or uses of trado and may only be amended or
modified by a written instrument duly executed by officers afboth parties.
Counterparts. This Agl'eement may be executed (including by facsimile) in one
or mOl'eco\.lI1terparts, and by the different parties hel'(;)to in separate counterparts,
each of which when executed shall be deemed to be an original but a11 of which
taken together shaH constitute one and the same agreement.
30, Recol'dation. Within 20 days after the Development Agreement has been signed
by both the Applicant Elnd the City, the Applicant shall canse a copy of the
Development Agreement to be l'ecol'ded at the Applicant's expense in the registry
of deeds in Miami-Dade Cmlnty.
31. EXhibits, All exhibits attached hereto contain additional terms of (his Agreement
and are incorporated nOl'ei.n by reference.
32. Effectiveness, This Development Agreement shall become effective after the
approv~1 ofthe applications for rezoning and sHe plan approval and the expiration
of any appeal periods, The approval of the applications for rezoning and site p1an
approval and of the application for approval of' this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the Clty in accordance with Paragraph #2d. If the Park
donation is not established .in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agl'eement shall
be considered withdrawn without prejudice by the AppJ.icant.
11\ 11. IN WITNESS WHEREOF) these presents have been executed this d.C}~ day of
~_.'II\ Cvrvh ) 2007,
MIAMI 819310.15732602153]
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ACKNOWLEDGM]j~~-:r ANP..L\CCl&PTANClij
;BY CITY OF SO UTH MIAMl
KNOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
_~_~ ____ • ~,' dated and attached hereto,
DATED this __ poL day of Ntf&l}jl-,2007,
::~OFSOUTHM[AM~ • _ .
YvollncS ler-MCKinl~~
City Manager
Gn~,~ tJ!J. 44.' •
Marla M. Menendez
?,t:: ~regojl) ins rumont was acknowledSl'd before me thl'cA;f~ day of /IltJA.J. 2001 by
_ tJ li..s j • f.' , _C.:lr. !!hi?1'e.f ' of the City of South MIami and attested to by
MarlaMd.'!1.~!:!~0._ e~_.", City Clerk, of '1e City of South Miami who are ( ) personlllly known
to me or ( ) produced a valid d:lver's lioense as identifioation"
My Commission Expires:
3'""/t.,~ ;:)~tJ g--
MIAMI cH·9-:HO,·J4J1J,JUJ,Q,.ll 7326021531
J/28107
N bJ ' Marla M, Menendez
otary Pu 1~ ~ :-a g Sign Name: ~~d>~-, r l~ .JiZ::;;~ ..... ~:y ..
Print Name:,. Marla.M....Mmlelldez .
Sel'ifll No, (None, j,fblfmk);
(NOTARIAL SEAL)
1'2
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IN WITNESS WHE~OF, the undersigned party has agreed to this Development
Agreement dated as ofthe~ day of Marckl 12007. w= ~ "'-'t m RRC 57TH Avenue, LLC, a Florida
-r 'I~ v\ limited liability company
I?rint Name: '-4orY"(\,~ !" , ttBr:tL.J..,A-By: University of Miami, a Florida non-profit
STATE OF FLORIDA )
) SS;
COUNTY OF MIAMI-DAPE)
corporation, its s em rober
~y:
~ame: Joseph
Title: Senior
and Finance
The foregoing instrument was acknowledged before me thi~ day om fi I t1 h ,
2007, by Joseph T. Natoli, as Senior Vice President for B\lSiness and Finance, of ili~
of Miami, a Florida non-profit corporation, the Sole Member of RRC 57 th Avenue, LLC, a
Florida limited liability company. ~/She ip Rer~onally known to m" ot' has produced a State of
driver's license as identification.
My Commission Expires:
MIAMI 819310,15 7326021531
3128/07
Sign Name: ~~
Print Name: __ ~
, 0 'A1}X rt{~w.-..
Serial No. (none, if blank): . ..2t.J)~g II
13
lNOTARY SEAL]
N01'/>.RY PUBLlC·STATE 011 FLOlUDA
t"'''''fI,<, Melody M. Smith t ~ Ecotnmlssioll HDP589BH
-."Vffi Rxplres: OCT, 10 1 2010 ll;;l\';kP''!H!\1j Al'tANlIC nONPING co., INC.
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Paroell:
EXHIBIT tiN'
Legal Description
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records ofMia.mi~Dade County, Florida, less
the South 475.657 feet of the West 100 feet) and loss also the East 150 feet oftl16 South 330 feet,
and less also the South 125 foet of the West 175 feet of the East 325 feet, and less also the East
75 feet oHhe West 175 feet ofth0 South 125 feet of said Tract.
P~rceI2:
The .Bast 75 feet of the West 175 feet of the SOllth 125 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, accordillg to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records ofMiarni-Dade County, Florida,
Purcel3:
The North 132 feet of the SE 1;4 of the NE Y4 of the SE 1/4 of Section. 25, Township 54 South,
Rango 40 East, less the North 25 feet of the North 132 feet of the SE'/, of the NE '14 of the SE y.j
ofSectioll 25, Township 54 South, Range 40 East,
Parcel 4:
Th~tt part of the SE 1/4 of the NE '/4 of the SE Y1 of Section 25, Township 54 South, Range 40 East"
described as follows:
Begin at the SEcol'llcrof sald SE '14 of the NE 1/4 of the SE 'A; thence run West along the SQuth
line of sflid SE y" of the NE ~ of the SE 'l4 for a distance of 185 feet fol' a Point of Beginning;
thence run North parallel to the EEist line of said SE 'l4 of the NB 1/4 of the SE y" for a distance of
150 feet; thence run Wes~ parallel to the South line of said SE y" of the NE '14 of the SE 'l4 for a
distance of 100 feet; thence run parullel to thc EAst line pf said SE ~ ofthe NE 1;4 onhe SE y" for
a distance of 150 feet to the S01.lt11 line pf said SE '14 of I'he NE III of the SE \14; thence !'Un East
along said South line of the SE ~ of the NE YI ofthe SE ~ fol' a distance of 100 teet to the Point
of Beginning, less the South 25 fcet for public road purposes .
. Parcel5:
The North 180 feet of the South 330 feet of tbe 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 tbe
Public Records of Miami-Dade County, Florida .
. Pa~·QeJ 6:
A portion of Tract I; REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
l'ecorded in Plat Book :35, at Page 72, of the Public Recol'ds of Miami.Dade County, Florida,
more particularly described as foHows:
That part of the Southeast Quarter of the Northeast Quarter of the Southeasi Quarter of Section
25, Township 54 South) Range 40 East, described as follows:
Begin at the Souihe<lst corner of said SO~ltbeast Quarter of Northeast Quarter of Sou.theast
MIAMI 1258979.1 7332426731
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Quarter; thence nm West along the South Iinc of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINNING; thence run NOlth
parallel to East line of said Southeast Qualier of NOJ'thcast Quarter of Southeast Quarter 150 feet;
tl1ence nm West paral.1el to South line of said Sontheast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thenco run South parallel to the East. line of said Southeast Quarter of
Northeast Quarter of Smltheast Quarter 150 feet to the South line of said Southeast Qualter of
Northeast Quarter of Southeast Quartet'; thence East along said South line of the Southeast
Quarter of Northe~ist Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet forpubHc road,
MIAMI 1 2SB979. I 73324:7.6731
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PROPOSED-PARKCONCURRENCY
Red R6~d Commons
On or before the Issu$lnce of the first building permit for the Project, the'
Applicant will pay a Park and Recreation Conourrency fee (the "Park Fee") to the
City of South Miami (the 'rCltyll) of $928,000. This payment will-resc;lrve sufficient
park concurre,ncy to satisfy the demand of up tq 409 multl~famJly residential units
to b'0 developed on the Property and wI!! be reserved as such for as long as'the
"Pevelopment·Agreeme.ntll governing the' Project remains In full force and effect.
, ,
.In addition to the Park Fee, the AppHcant wlll pay an interest fee (the
"Interest Fee") 'to the City.for Interest accruing after. the Cj'(y's approvaJ of the
Development Order for the Project Oll April 9, 2005. If the Interest Fee Is paid on
or before November 17,'2006, said Fee,js $43,173.60. Iftll'e Interest Fee is paid,
between Novernber 18, 2006 end February 17, 2007, saId Fee Is $53,164,20, If
the Interest Fee Is paid between February 18, 2007 and May 17,2007, said Fee
Is $58,826.40. If the Ihterest Fee Is paid betvveen May 18, 2007 ~nd August 17,
2007, sald fee Is $64A03',40. If the Interest Fee 18 paid between August 18, 2007 "
and .. November 17,2007, said Fee Is $69,895.20, .
MIAMI 11S4S95.l 7000Qu0147
-..... ' ... *"..,.,'.'.vr-__ •• '" ............... _" ........ _ .... ~_._ ...... ~, .. _ ••. ~_ ... __ ........... ~
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1IfrREVISEO**
SCHOOL IMPACT ReVIEW ANALYSIS
November 16. 2004
APPLICATION: Red Road Commons
REQUEST: Oavelopmt;!1t under the existing TODD (MU-4) zonll1g
ACRES: 7.09 net aores
L.OCATION: 6600 and 6640 SW 57'h Avenue and 5757 SW 68th street, South
Miami
NUMBER OF
UNITS; 143 units (Current TODD Zoning allows for 2eS residential units,
Developer Is proposing 409 residential units, thus generating a net
denaliy increase of 143 units)
MSA: 5.3 ~ 0.20 Multifamily
ESTIMATED
STUDENT
POPULATION: 29 students"
ELEMENTARY: 13
. MIDDLE: 7
SENIOR: ~
SCHOOLS SERVING AREA OF APPLICATION:
ELeMENTARY: Sunset Elementary -5120 S,W. r2 Street
Coral Gables Elementary -450 Bird RQad
MIDDLE:
SENIOR HIGH:
G, W. Carver Elementar)l ~ 238 Grand Avenue
Ponce De Leon Middle -5801 Augusto st.
Coral Gabtes Senior -450 Bird Rd.
"'Based on Cansus ':WOO Information provided by Mlami~Dade County Department of
Planning and Zoning.
Ol:3l,i>9S6S0e
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The following population and facility capacity data are as reported by the Office of
lnformatl,on Technology. as of September 2003:
STUDENT FISH D~SIGN 0/. UTll.lZATlON NUMBIEROr= % UTILIZATION
POPULA'nON CAPACITY MSH DESIGN POFl,TABLE F1SHOESIGN PERMAN!Nr CAPAOITY STUDI!NT CAPACITY
P6RMANl3m STATtONS PERMANENT
ANO
RELOOATABt..e
Coral Gables 758/ 4£;17 162%1 62 143'YJ
Elementary 762~ 163%" 144W'
Sunset Elumentary 1,082f 734 147%1 206 1HW.J
1,086" 146%1' 115%*
G. W. C~rvGr 6011 416 144%/ 66 125~'
Elementary 605' 144%~ 12&%·
Pono(J De leon 1,5,12/ 1,221;1 126%1 198 100%1
Middle 1,530' 126%* 108%"
Coral Gables Senior 3,609/ 2,OQ2 113%1 95 165%{
3,816'" 173%~ 165%*
tr Inoreased &todent populatkm as a result of the proposed development
Note;,
1) The oomulatlva effect of other approved or proposoo developments In the vicinIty Is not
Included a$ part ofthis analys!s.
2) Figures above refleol the Impaot of the Cla~H!l f/lze amendment.
3) Pur$uant to the Intl;lnocal Agreement, Coral Gables ~Iementary, Sunset Elementary, G. W.
Carver Elementary and Ooral Gables Senior High schools mel')t the review threshold.
ADDITIONAL SCHOOL INFORMATJON: The following Information was provided by
school site personnel or other data sources In October 2003:
§W1sQ1 e'em enta!)!,
Aoooss to computers:
Capltallmprov~ment8 since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunoh sohedule:
Non-Instruotlonal space utilized for
Instructional purposes:
Teachers required to float/travel:
091.'lt9SBSOe
In each classroom and Media Center-
dally access
Olassrooms and Media Center
8efore"school care, Magnet programs,
enrichment classes and after
Begins at 10;$0 a.m. -ends 1 ;00 p.m.
Nona
Fourteen teaohers
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Coral Gables EI~mentli'!.Y
Access to computers:
OapltallmproVf;)rnents since 1990:
Recognition for AcaOf>mlo AchIevement:
Special Programs:
Lunch schedUle:
Non-fnstrucUonal apace utilized for
Instruotional purposes:
Teaohers required to float/travel:
G. W. Carver EI~mentaO/
Accf)sS to oomputers:
Capital rmprovfilment$ alno(l) 1990:
Reo,ognltlo,n for Academic Achievement;
Special Program:s:
Lunch sohedule:
Non~lnstrucllonal space utilized for
Instruotlonal purposes:
Teaohers required to float/travel:
OSt.v96BS08
In each Ola!iSfOOm (PK M oll1 grade),
speolal computer laba iilnd Media Center
None
UA+" Florida School
Aftar-school cera
From 10:25 a.m. to 1 ;00 p,m.
Auditorium Lobby, ESOL pullout and
CCHl pullout
Spanish S, 8pan1sh SL, COHL, ESOL,
Art, MU$lc
In each classroom and MedIa Center
None
After~$chool tutoring
Begins at 10:30 a.m. -an os at noon
None
Muslo and Art
ONIHt-lH1d 3.1.15
·.1
Ponce 120 bgpn Mlgs!le
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achlevement~
Special Programs:
Lunch schedule:
Non-Instructfonar $pace utilited for
Instruotlonal purposes:
Teaoh~rs required to floaVtravel:
Access to computers:
Oapltal Improvements slnca 1990;
RecognItion for Academlo AchIevement:
Special Programs:
Lunch sohedule:
Non-Instrucllonal $pace utilized for
In$tructlonal purposes:
Teachers required to float/travel:
09l.-I>S6BSOB
in each classroom, In speole' computer
labs and Media Center
Classrooms. Art/Muslo Suites and
Sclenoe /...aba
Magnet programs and CommunIty and
Vocat1onal olasses
Begins at 11 :30 a,m.
None
Language AI't:s, ESOl, Math, ScIence
and Geography
In each classroom, In speclal computer
I~bs and Media center
None
Sterling Challenge
Magnet programs and Enrichment and
Vocat1onal classes
Begins at 10:37 a,m.
None
Science, Math, Slology, ESE, HIstory,
Language Arts, ESOL, Buslnesa and
Chlldoare
~~rN~8'd 3~IS WdOvlS vooa vl oaa
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l.AST PAGE
PLANNED RELIEF SCHOOLS IN THE AReA (information as of November 2004);
SChOQI §1Ptus
Coral Gables Senior High School Under design
83()..student stations addition
(District will remove 310 exIsting
stud ant stations housed in portables
providing a net Inorease Of 520
student oapaolty.)
JRE L.ea oonverslon to elementary
(766 student stations) PrewPlannlng
OocupangY.Dme
2005·06
2011
OPERATING COSTS: According to Flnanc!al Affairs, the average cost for K .. 12 grade
students amounts to $6,88$ per student. The total annual operating cost for eddr'ttonal
students resIding In this development, If approved, would total $169,157.
CAPITAL. COSTS: Based on the State's November 2004 student station cost faotors*,
capital costs for th6 estimated additIonal stUdents to be generated by the proposed
development are:
E'lEMENT MY
MIDDLE
SENIOR
13 x $ 13.452 :: $174,676
7 x $ 15.423 :: $107.961
9 x $ 20,409 I/:l $183,681
Total Potentlal Capital Cost $466,518
• BI;t(~ed on Jnformation provided by, the Frorida Department of EducatIon, Office of
Eduoational FacUlties Budgeting. Coat per stvdent station does not Inolude land cost.
OSl.v96SS0B
111111111111 III11I1IIII1II1I1U1 1111111111111
CFN .20l0R0201072
OR 811 27227 Pas 14V2 ~ 1491H (7"96)
RECORDED 1)3125/21)11) 09'-49:51
HflfWF.Y RUI,IHh CU?:R\\ OF COURT
11IAI1H)A!)t:; COUNTY, Fl.ORlPA
This lnstrumenl prepared under the sllpervisloll:
and when recorded rel\lm to:
Jerry B. Proctor, Esq.
Bllzin Sumbetg Sneua Price & Axelrod LLP
200 South Blsc!lyno Boulevllrd
Suite :1.500
Mjllml, Florid" 33131·.2336
AMENDMENT TO
DEVELOPMENT AGR,l!:1tMENT
(Space Reserved for CJ~rk)
This Development Agreement is made as of this J1!.. day of M, 2010. by and
. between· The. Clty .. of .. South .,Miami). ·Florida,· a· municipaJ. o0rporati0flo . (liCit)!'!) . and· RRC 57 11\
Avenue, LLC (l'Applicant U ).
WHEREAS, Applicant owns the property in t1le City, in M)f.lmi~Dade County, Flolida,
legally described on Exhibit 1fN', also known as 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property"), and .
W!ih"Rh"A,S, the City and the Applic~l1t ex.ecuted a "Development Agreement," recorded
on March 30, 2007 at Official Records Book 25496 at Pages 52.72; and
WHEREAS. the Development Agreement memorialized responsibilities find 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
WHERlJI1.S, these minor plan modifioations 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 contlnued development
of the Property> as adopted in the City's Land Development Code;
Polio Numbers; 09·4025·026·0010
09·4Q25~OZ6·0020
09·4025·026.0030
09·4025·026-0060
Seorr~~gc;25·54·40
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NOW, THEREFORE, the Deve!opment Agnlement is hereby amended as follows:
1, A.ddition to ~ectiQll ~\
2.
3,
& .. The exton\ of !StnH, 9ffice and rcsta:urant u~s §hal] not exceed) fln9 he limi1<tQ
bXz tb&; oaruw\t:i of provj~Iill!king. Ih~ d!-'!yelorunent lJhall Q9 mJfu; }YUh ~be
Rarking reguiretnents in the Lmlll .pevelQlml~nt Qode §ection 2Q;4,f1.(8.2.'for nil
retail, offi.c~ Elud rellt&UrfU)t \l~.
Additioll to Section 5,
1', Applic!lnt shall provide 1,001 parking spaoes [whi~h muy be reducod in
accordauce with Condition #Sg, requiring removal of on "street parkIng on SW 66
Street). through a combination of j>arldng garage; a S(nall surface lot, and on-site
.... ~t:e.\t.ty.~~~~~~g. *
.' •••••• ' • "11 ' •• , f • I I " • , " • , •
ol<t\3 QCOojoQer, 2002: 258 t!jtal nal'king,?paqes, remain @fier ts;duGtioQ8 ~et tort1l
in Sf ~bo:r:c Md 11 spaces remoyed fox bi~~891 QpaQGS 121' resideotial1mi!§.\
ill,g a tela1 of 67 sRaces rymain (£It' ~ctaIJJoffiQsiUill.allrant qses ..
Am~ndmcnt to ~ectlon 23 1
Earth\.: A\?~Jictmt;
:!r-ma-Abc!!fu:l1i li9x
~~m~[~
~~t~!yl}Bm!
±&.W·fuWth:Q»;i~Hi~illj!Y5 §t~!W::!.s~
G(u'at..G!tbJoo! FL 331 ~5
BE.Q.~th avenue, LtC
Mr ... ~yJ lloQQ§on, Director
.YloodP~
19]0 N011h Milltar,Y Trail, Sujt£: 100
BQc!! B&ton, F13~43 t
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4. Williit1 20 days ail$'[ tll~Ame[tdOl~ru to 12cv~loJ:!!n~nt AW.mlent h~s been sjgneQ
QX boH} me NmUcant and the QUy. th~ 6n1211Qtmt shall cf.lyse a copy of loe
6msmdm~nt !Q DQvQlQ12ment A,greelllsmt tQ be l)l~ord~ ~ tM A.12l?\ican!ls eX17Mse
i~. th~ ,registry of g~ecj§ in Mj~rni.,QQQe C9\lntv wd .Appll&;ant shall furnish a
xmified ,Way of the reYQrned Arn.endm~nl i2 .:Q£ll:~!ollment Agreeruent t9 the
C1tX. F~illl-m!Q re(,(Qrd or to furnisij .n croill~d tfi!Q2t4~, QQ1lX within 20 da~§
p\Jllifi~s the v!Jljditi: Qfthe Am¥P4ment to Dwe.iQl?WMI Agn:~l'nml!,
17.fA IN XESS WHEREOF, tJ\ese presents have been executed this ~LL-day of !!1m.r.. ,2010.
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ACKNO)l'1ID,)GMllliI AljD ACCEPT A]'l'CE .a y gITY OF §O:Y TB M1A~n
KNOW ALL MEN BY THESE PRESENTS that:
Tho City of South Miami acknowledges tmd accepts the foregoing f:\mendmcnt to the
Development Agreement and each and all of the terms and provisions cont!\ined therein,
________ , _" dated and attached hereto,
DATBD this I~ any of ~Gh ~. 2010.
:~.Y~tMI
ATTEST:
Roger M, Carlton
Acting City Manager
'"·''·'·'' .... '''''' .... ''·(q)]~~''a .. ~·~:~ ...... ''·''''''·· .... '''''"'"''''''''''''''''''''''''''''''
Bry CLERK d'--
STATE OFJ' \C?"i ~'": )
COUNry OF ~lAn\~'t>f\Qf_
) Ss
)
The foregoing instrument wa~ed before ro, e this n~ day of~, 2010 by
~_~.C(NI\\"'O .' Ci _of the City of SOtlth Miam~nd attest~d to by
l!td.iJk....\i....~"~., City Clork, of t e CHy of South Miami who are ( ) personally known
to me or ( ) prod\~c~d a valid driver's license as identification.
My Commission Bxpires:
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~~~~~~!:tl{f t:miiNGMFA'IN;. •
MY COMMlBSlotHDO ti((t?ftll 0, (None, ifbhmk):
EXPIRES:0C10bBl&,2011 tNOTAR1At SEAl) fl;~I<hXI1"'. 110\<11'/ f'ubl.\"'\l<l~·~m. ,~",
4
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IN WITNBSS W~REOF, tqe ,U~er~!ed party has agreed to this Deve10pment
Agreom~nt dated as ofthe day of~_ > 2010,
~~-
PrJ!}1 Nl!rpe: b§. ,<; { ',( $'/," f1 "t-r.il. k. 7
STATE OF FLORIDA )
)~: COUN'TYOF'~)~~~
........ " ....... , .......... , ..... The·foregoing ·instrum~m·was ·Ilo'knowledg;ftd"before. me· this .£.:;;.:..; day. .of,~~
2009, by Jay S, Jacobson, Vice President of Wood Red Ro94. Commons, ng Partner of
RRC 5ih Avenue, LLC, II Florida limited liabiHtx compatl~/She ls p l,onally own 10 me
or has prOd\loed n S~ate of ~ __ ,~_ cldvee 'ensc as identification,
My Commission Expires:
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[NOTARY SEAL]
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Pal'cel1j
EXHIBIT "A"
Legal Description
AI! of Tract I, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Publio Records of Miami·Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of tIle East 325 feet, and less also the East
7S feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2~
The East 75 feet ofmc West 175 feet of the South 125 feet of Tract t, ofRBVlSED PLAT OF
FERNWOOD, according to the Plat thereof> as recorded in Plat Book 35, at Page 72, of the
Publio Records of Mlami·Dade County, Florlda.
Parcel 3;
The North 132 feet of the SE 14 of the NE 14 of the SE 14 of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE 1A of the NE 14 of the SE \4
of Section 25, Township 54 South, Range 40 Bast,
, . , .... ' .. ~~e~'~; '~f'~h~ '~E' ~ '~f'th~ 'NB"~' of th~' si/Q'~'i.~~~ti~~ 2';; T~~~~hl~' 54' s~u'th~R~~'~e ~o East,
described as follows:
Begin at the SE cornel' of said SE ~ of the NB 14 of the SE 1,4; thence nm West along the South
line of said SE 1,4 of HIe NE y.; of the SE ;4 for a distance of 185 feet for a Point of Beginning;
thence nm North parallel to the East line of said SE ~ of the NE 1,4 of the SE 1,4 for a distance of
150 feet; thence nm West parallel to the South line of said SE 1,4 of the NE 14 of the SE y.; for a
distance of 100 feet; thence nm parallel to the East Hne of said SB ;4 of the NE ;4 of the SE 1.i for
a distance of 150 feet to tho South line of said SE y.; of the N E 1,4 of the SE 14; thence nm East
alQng said South line of the SE y.; of the NE Y-1 of the SB \4 for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Ptggel ~i
The North 180 te~t of th~ South :330 feet of the East 150 feot of Tract 1, of'REVISED PLAT OF
FERNWOOD, according to the Plat thereOf, as recorded in Plat Book 35, at Page 72, of the
Public Records of Mjami~Dade County, Florida.
P&!rc~l 6i
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at P.age 72, of the/ProHe RClcords of Miami~Dade County, Florida,
more particularly desoribed as follows: ',I ;\'1,,\:
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 Qualter of Northeast Quarter of Southeast
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Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quatier for a distance of Z85 feet for POINT OF BEGINNING; thence run North
parallel to Bast Hne of said Southeast Qua~er-o;fi!iprtheast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South Ii!}e 'o~~ '~ai<thSoutheast Quarter of Northeast Qumtel' of
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
NOl'theflSt Quarter of Southeast Quarter; thenoe East along saId South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distemce of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road,
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