4THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBIECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda Item NO.:B-March 17, 2015
A Resolution relating to the review and acceptance of the Annual Development
Agreement Report of the RRC 57th Avenue LLC [Red Road Commons].
BACKGROUND:
The City Commission at its April 9, 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 26,2015.
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. Within the past year, Cafe Bleu (a restaurant) opened at 6620 SW 57 Avenue
within the Property
2. Affordable Units. The property was developed with a total of 404 units. Based on the
information in the applicant's recent affordable housing report, 386 units were leased as of
December 31, 2014, which indicates that a total of 42 units are currently rented to
individuals and/or families that qualify within the moderate income group.
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
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RESOLUTION NO.
A Resolution relating to the review and acceptance of the Annual
Development Agreement Report ofthe RRC 57th Avenue LLC [Red Road
Commons].
WHEREAS, the City Commission at its April 9, 2005 meeting approved Ordinance No. 12-
05-1834 allowing RRC 57"' Avenue LLC to construct a project that includes 404 residential units and
retail space. The approval included a zoning map amendment granting a PUD-M zoning district, an
approval of a master site plan, and the approval of a Development Agreement; and
WHEREAS, the City Commission approved a Development Agreement for the mixed use
development project, known as Red Road Commons on April 9, 2005 via Ordinance No. 12-05-1834,
which agreement was fully executed and was recorded in the County registry of deeds on March 30,
2007 as required by Section 30 of the Agreement; and
WHEREAS, the Development Agreement includes the requirement (Section 12) that the
Applicant submit an annual report to the City at least 30 days prior to the annual review date which
report is a status report showing that obligations have been met and that there has been compliance
with the provisions of the Agreement; and
WHEREAS, the Annual report was submitted to the City on February 26, 2015 from the developer's
attorney Jerry Proctor, said report concluding that all of the obligations set forth in the Development
Agreement are met; and
WHEREAS, the annual report in accordance with the Development Agreement must be
reviewed by the City Commission at a public meeting and the City Commission may accept the report
or if there is a finding by the Commission that there has been a failure to comply with the terms of the
Development Agreement, the Agreement may be revoked or modified by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. The Annual Report submitted by RRC 57"' Avenue, of the property located at
6600 SW 57 Avenue as required by Section 12 of the Development Agreement is accepted as to
compliance with the Development Agreement; however, the acceptance shall not be treated as an
agreement or consent to any request that may be contained within the report.
Section 2. This resolution shall be effective immediately upon being adopted.
PASSED AND ADOPTED this
ATTEST:
__ --', day of _________ " 2015.
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
~~ Bilzin Sumberg
ATTORNEYS AT LAW
HAND DELIVERED
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
February 25, 2015
Re: RRC 57th Avenue. LLC
Jerry B. Proctor
Tel 305-350-2361
Fax 305-351-2250
jproctor@bilzin.com
Annual Report of Development Agreement for Property Located at 6600-
6630 SW 57th Avenue. City of South Miami, Folio Number 09-4025-026-0010
Dear Mr. Alexander:
This law firm represents the owner, RRC 57th Avenue, LLC (the "Owner"), of the
property located at 6600-6630 SW 57th Avenue, South Miami, Florida (the "Property"). The
Property is developed with a mixed-use community commonly known as "Red Road Commons."
In 2007, the Owner and the City of South Miami (the "City") entered into a Development
Agreement (the "Agreement") related to the development of the Property. The Agreement, a
copy of which is attached hereto as Exhibit "A", was recorded in the Public Records of Miami-
Dade County on March 30, 2007. A modification to the Agreement (the "Revised Agreemenf')
was recorded in the Public Records on March 25, 2010, and is attached hereto as Exhibit "B".
Pursuant to 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
Section 1 of the Agreement, the Property was developed with a total of 404 residential
units, not exceeding the maximum allowable number of 407 residential units permitted
by the Agreement. Development on the Property does not exceed five stories as limited
by Section 1 (c). Section 1 of the Agreement also stated the Property shall be developed
with retail space and a leasing office. The Owner has satisfied this condition. Within the
past year, Cafe Bleu (a restaurant) opened at 6620 SW 57 Avenue within the Property.
Development of the Property occurred in accordance with the revised adopted master
site plan as approved by the City and occurred in one phase. Pursuant to Section 1 (f) of
the Agreement, a building permit for development of the project was applied for within
six months of the date on which the Agreement was signed. The Certificate of
Occupancy was issued in December, 2009. (See Exhibit "C"). For additional
MIAMI 4493135.3 77430/27649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue. 23rd Floor, Miami, FL 33131-3456 TeI305.374.7580 Fax 305.374.7593 www.bilzin.com
February 25, 2015
Page 2
information, see the letter dated December 4, 2009, submitted to the City regarding the
status of the Development Agreement. This letter outlines the numerous construction-
related requirements in the Agreement and the Owner's compliance therewith. (See
Exhibit "D").
2. Public Facilities: In accordance with Section 2 of the Agreement, 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 all buildings prior
to the 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 in satisfaction
of its responsibility to meet park and recreation concurrency as stated in Section 2(d).
(See Exhibit "E" for a copy of the payment).
In satisfaction of the traffic conditions listed in Section 2(e) of the Agreement, the Owner
obtained permits from the Florida Department of Transportation for roadway
improvements on Red Road from US-1 to SW 66th 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.
The housing-related requirements contained in Section 2(f) of the Agreement obligates
the Owner to rent 10% of the units "to individuals or families in the moderate income
segment of the affordable housing group," defined as individuals or families who are
within 80% to 120% of the Area Median Income ("AMI") for Miami-Dade County. The
2014 AMI for Miami-Dade County was $48,400. Individuals or families falling within 80%
to 120% of the 2014 AMI had an annual income between $38,720 and $58,080. In
compliance with the above requirement of Section 2(f), the Owner rented at least 10% of
the total units to individuals or families falling within that range. The Owner has
established a reporting procedure with the City through which the Owner documents
compliance with the requirements of Section 2(f). The required annual housing report
was submitted to the City by letter dated January 13, 2015 and has not yet come before
the Mayor and City Commission for review. A copy of the January 13, 2015 report is
attached. In addition, the Owner made a $100,000 payment to the City prior to
occupancy of the development on the Property to assist in low income housing
development in the CRA area.
3. Taxes: Pursuant to Section 3 of the Agreement, the Owner has paid taxes to the City in
an amount equal to the annual Operating Millage Rate and will continue to do so in the
future. The Owner paid 2014 ad valorem taxes to Miami-Dade County in the cumulative
amount of $1 ,042,491.78. (See Exhibit "F").
4. Work Force: In accordance with the provisions of Section 4 of the Agreement, the
Owner gave a preference to job applicants residing in the City. The Owner provided
those applicants with jobs during both the demolition and construction portions of
development.
MIAMI 4493135.3 77430/27649
e:;) BILZIN SUMBERG BAENA PRICE & AXELROD LLP
February 25, 2015
Page 3
5. Site Plan: The Owner has abided by all site plan conditions as set forth in Section 5 of
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 the portion of Red Road located between the Property and the
First United Methodist Church of South Miami. A letter from the First United Methodist
Church of South Miami verifying these discussions is attached as Exhibit "G", The
improvements listed in the letter have been completed,
6. Security: On May 5, 2014, as part of the approval of the 2014 Annual Report, the City
Commission directed staff to review security measures and security reports provided by
management at Red Road Commons, to address security concerns. By letters dated
July 2, 2014, November 3, 2014, and January 30, 2015, reports describing security
efforts and identifying security personnel assisting Red Road Commons management
were submitted to the City Manager, Police Chief, and City Attorney,
7, Schools: The Owner donated $34,800 to the Miami-Dade County School Board on
September 27, 2007. See Exhibit "H" for a copy of the payment.
8. Unity of Title: The Owner submitted a Unity of Title that was recorded in O.R. Book
25496 at Pages 47-51, See Exhibit "I" for a copy of the Unity of Title,
In summary and as documented above, the Owner has diligently pursued and completed
development of the Property and has met or commits to satisfying all of the obligations set forth
in the Agreement.
Thank you for your attention to this matter and please do not hesitate to contact me if
you have any questions or require any additional information.
JBP
Enclosures
cc: Maria Menendez, City Clerk
Sincerely,
~1(~
Lourdes Cabrera, Planning Department
Thomas Pepe, Esq., City Attorney
Gabriel Fisher, Red Road Commons
Nazar Elwazir, Equity Residential
Carly Grimm, Esq.
MIAMI 4493135.3 77430/27649
~~ BILZIN SUMBERG BAENA PRICE & AXELROD LLP
This instrument prepared under the supervision:
and when recorded retum to:
Jerry B. Proctor, Esq.
Bilzill Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33l3J-2336
\\ AI/ I III1t1 111II1II1 IIUlllUllltll1 It I 1111·
CFN 2007R0328S86
OR Sk 254~4 p'$ 0052 -721 (21~9$)
RECORDED 03/30/2007 15102131
HARVEY RUIlUh CLERK OF COURT
!'fIAt'lI -DADE COUNTY. FLORlliA
(Space Reserved for Clerk)
DEVELOPMENT AGREEMENT
This Development Agreement is made as of this ti.'1f1-, day ofMayc..!." 2007, by and
between The City of South Miami, FlOl~da, a municipal corporation ("City") and RRC 57 th
Avenue, LLC ("Applicant").
Applicant hereby voluntarily makes, declares, and imposes on the property described
below, this agreement running with the title to the land, which shall be binding on and shall inure
to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all
persons claiming by, through, or under then1 until such time as this Development Agreement
("Development Agreement") is released in writing as hereinafter provided;
WHEREAS, Applicant owns the propelty in the City, in Miami-Dade County, Florida,
legally described on Exhibit "N', also known as 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property"), and
WHEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the
Property ii-om TODD (MU-4) (Transit Oriented Development District) to PUD-M (Planned Unit
Development-Mixed Use), and to obtain site plan approval (the "Application"), and
WHEREAS, the Flodda Local Govemment Development Agreement Act, set forth in
sections 163.3220 -163.3243, FIOl~da Statutes, (the "Act") provides for the execution of
development agreements to insure that the law in effect at the time of tile execution of the
development. agreement shall govern the development of the land for the duration of the
agreement.
NOW, THEREFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly aclmowledged, Applicant and the
City hereby agree as follows:
MIAMI 819310.15 7326021531
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•
l. Permitted Uses. Densities. and Intensities. Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more than 407 residential units Gn the Property.
b. The Property shall alro be developed with retail space and a leasing office.
c. Development on the Property shall not exceed five (5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted master site
plan Gn file at the City, including elevations, architectural features, and estimated
commercial square footage pursuant to Section 20.3-7, City Code.
e. Development of the Property shall be in one (1) phase.
f. A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20-3.7(i), Expirations of PUD
Approvals.
2. Public Facilities: In order to enhance public facilities in the City of South
Miami, Applicant agrees to provide services in compliance with Section 20-4.1 of
the Code of the City of South Miami, including:
a. Water and Sewer services that comply with all requirements of Miami-Dade
County for any building prior to issuance of a fmal Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Miami-Dade County
for any building prior to issuance of a final Certificate of Use and Occupancy.
c. Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donate $928,000 in one lump sum as its responsibility for meeting park and
recreation concurrency. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B", incorporated herein by reference.
e. Traffic-Applicant will obtain necessary governmental approvals, and cause to
have placed and operational a separate left-tum, northbound entrance lane on Red
Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on
the Property, prior to the occupancy of any buildings on the Property. In addition,
Applicant will present plans within two (2) years after the recording of this
MlAMl819310.157326021531
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2
-,
Development Agreement to governmentar authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvements and landscaping in the center of Red Road (SW 57
Avenue) directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the beautification improvements.
f. Housing -A requirement often percent (10%) of the units will rent to individuals
or families in the moderate income segment of the affordable housing .group. If
the residential units convert to condominiums, ten percent (10%) of the units will
be sold to individuals or families in the moderate income segment of the
affordable housing group. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short-term vacancies. Incomes shall
be based on Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development. Proof of Compliance with this requirement on
an atlliual basis shall be provided in writing on or before January 15 of the
following year to the City Mat1ager. In addition, the Applicant shall make a
payment of$100,000 to the City on or before the issuance of the first certificate of
use and occupancy for the development on the Property, to be placed in a City
tnlst fund to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Propeliy Owner receives an
exemption for paying Operating Millage Taxes fro111 Miami-Dade County, the
Property Owner shall contribute an amount equal to the Operating Millage Taxes
to the City of South Miami in any year that such exemption is granted. This
provision shall not abrogate any of the Property Owner's lights to file appeals of
Tax Assessments for the Propeliy, in accordance with the laws of Miami-Dade
County.
4. 'York Force: In an effort to enhance job opportumtJes for local CItiZenS,
Applicant agrees to give a preference to job applicants residing in South Miami.
In order to maximize the pool of applicants from South Miami, the Applicant
shall send notice to the Community Redevelopment Agency Director of the City
of South Miami, or a substitute designee by the City Manager, prior to or
conCUlTent with the issuance of any (1) bids for construction work on the
Property, (2) bids for temporary or pennanent maintenance work on the Property,
or (3) proposals for leasing of retail space on the Property. In regard to
recruitment and employment, the Applicant shaH demonstrate that it has used its
best efforts to hire job applicants from the City of South Miami, provided such
candidates are qualified for the positions in question. In addition, the Applicant
shall hire two residents from the CRA district to assist the Applicant in providing
construction services during the period of constmction and development of the
Property. Payment for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
MJAMI819310.157326021531
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3
5. Site Plan.
a. Applicant shall retain stolIDwater drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site secUlity. As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make arrangements to assure emergency
access by public safety vehicles.
c. The entrance at Levante Ave. shall be signalized and approaches installed based
on approval by Miami-Dade COllnty and the State of Florida Department of
Transp0l1ation.
d. The exit for the driveway onto SW 66 Street shall be designed and operated as a
right tum out only driveway. The exit shall be closed with a gate to prevent tllm
out between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday.
e. Applicant shall provide a minimum of one (1) stop location on site for service by
the HUlTyCane shuttle. The shuttle stop locations shall not interfere with SW 57 th
Avenue traffic. All HurryCane shuttle passenger pick-ups shall be coordinated
with the City of South Miami shuttle pick-ups to minimize traffic impacts.
f. Applicant shall provide and maintain landscaping acceptable to the City between
the FPL facility and the garage. The applicant must provide a row of 12' high
trees with trunk circumferences not Jess than 6 inches on the City's property
between the FPL facility and the South Miami Community Center. The row of
trees to be located on the City'S property between the FPL facility and the South
Miami Community Center shall be uniform in appearance and consist of not less
than 25 trees in the row.
g. Applicant shall provide and maintain a six-foot high CBS wall between the
project and the remaining service station.
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 signage plan for project identification, traffic,
routing, and retail stores prior to iinal project approval by the Environmental
Review and Preservation Board (ERPB).
J. Applicant shall limit on site lighting property edges to 2 foot-candles of intensity
at an 18 inch height. Within six months of project completion the applicant i.s to
provide a cel1ified report on the mandated illumination level.
k. Applic.ant is to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
MiAMI 819310.15 7326021531
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4
areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Development Agreement prior to fmal approval of the Development Agreement.
1. All parking and street improvements placed on the public right-of-way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City,
m. Applicant must limit the types of retail establishments in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City an initial parking plan for
retail stores and shallmain.tain the allocated number of spaces for each occupant.
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o. Applicant shall open up the paseo on the north side as shown on the amended site
plan, as approved by the Planning Board, in order to break up the long facade of
the residential building.
p. Applicant and the City shall agree on the number of locations of the loading zones
plior to the final approval of the Development Agreement. The dimensions and
locations of the loading zones shall be attached as an exhibit to the Development
Agreement.
q, Applicant understands and agrees that the City may eliminate the on-street
parking spaces located on SW 66 Street.
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5q, requiring removal of on-street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on-site
street parking.
s. The Applicant will commit to participate in ajoint working group with the First
Methodist Church of South Miami and municipal, county and state agencies to
devise a plan mutuaJly agreeable to Applicant and the First United Methodist
Church of South Miami, for pedesnian improvements and beautification for Red
Road. Applicant will contribute the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic pem1its indicating travel lanes of 10.5
feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Property
and the First United Methodist Church to the east, subject to the approval of
Miami-Dade County and the State of Florida Department of Transportation.
MIAMI 819310,15 7326021531
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5
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by the
Planning Director; said location may change from time to time.
u. The Applicant shall obtain approval from the City of a parking plan for
construction workers plior to the issuance of a building permit.
6. Schools. In an effort to assist public schools located witilin the City, Applicant
voluntarily agrees to donate $34,800 to ilie Miami-Dade County School Board
("School Board"), to be specifically earmarked for capital improvements at public
schools located in the City. The Applicant's donation shall be paid upon the
issuance of a Certificate of Use and Occupancy for tile first residential unit on the
Property. Decisions shall be made jointly by the City and School Board, and
funds must be spent within two (2) years of the donation. In the event that no
capital improvements can be identified or agreed upon for the expenditure of the
funds within tile two year period, the Applicant's donation may be utilized to fund
programs, purchase materials (such as additional computers) or in any manner
that the School Board and the City determines will enhance the curriculum and
the students' attending the subject school's educational experience. Tenns of the
donation and student generation analysis are contained in the School Impact
Review Analysis dated November 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20-3.7(B)(I), City Code.
NOW THEREFORE, tile City, in consideration of the premises, hereby agrees as
follows:
8. Vesting. As long as the development on the Property is in compliance with this
Development Agreement, and all applicable laws, ordinances, codes, and policies
in existence at the time of the execution of the Development Agreement as well as
other requirements imposed by tile City Commission upon the ratification of ilie
rezoning or the s.ite plan approval on the Property, the Property shall not be the
subject of a downzoning application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by the City that limits the development contemplated by iliis Agreement
and depicted in the Master Plan. AllY failure by this Agreement to address a
particular pennit, condition, tem1 or restriction shall not relieve the Applicant of
the necessity of complying with the law goveming said permitting requirements,
conditions, terms or restrictions.
9. Impact Fees. The Propelty shall not be subject to any new impact fees imposed
by the' City after the adoption of tile Resolution approving this Development
Agreement.
M[AM[ 819310.15 732602[531
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6
10. Concurrency and Consistency. The Application together with the Applicant's
perfOlTIlanCe under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20-4.1, City Code. By execution of (his
Agreement, the City acknowledges that the application for site plan approval
meets an concurrency regulations enumerated in Section 20-4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
11. Term of Agreement. The provIsIOns of this Development Agreement shall
become effective upon its recordation in the public records of Miami-Dade
County, Florida, and shall continue in effect for a period often (10) years after the
date of such recordation, after which it may be extended by mutual consent of all
legal and equitable owners of the Property, and the City of South Miami upon
approval at a public hearing.
12. Annual Report and Review. It shall be the responsibility of Applicant to submit
an annual report to the City sufficient to fulfill the requirements as stated in the
provisions of the Act, and Ordinance No. 11-05-1833. This agreement shall be
reviewed lliillually on the lli111iversary of the effective date of this agreement.
Applicant, or its assign, shall submit an annual report at least 30 days prior to the
annual review date. This report shall contain a section-by-section listing of what
obligations have been met and the date finalized, as good faith compliance with
the tem1S of the agreement. The City Commission shall review the annual report
at a public meeting. If the City Commission finds, on the basis of substantial
competent evidence, that there has been a failure to comply with the telTI1s of the
Development Agreement, the City shall provide the Applicant with a fifteen (15)
day written notice and opportunity to cure the non-compliance. The Applicant
shall have 45 days after the expiration of the 15-day notice period to begin to cure
the non-compliance, after which the Agreement may be revoked or modified by
the City. The obligation to submit an annual report shan conclude upon the date
on which the agreement is telTIlinated.
13. Modification. The provisions of this Development Agreement may be amended,
added to, derogated, deleted, modified, or changed fTOm time to time by recorded
instnlment executed by the then owners of the Property and the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD-M development contained in Chapter 20 of the City Land Development
Code.
14. Enforcement. The City, its successor or assigns, llild the Applicant, its
successors lli1d assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing paliy in
the action or suit shall be entitled to recover, in addition to costs llild
MIAMI 819310.15 7326021531
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7
disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. Attorney's fees payable under this
paragraph shall not exceed 25% of the judgment.
15. Inspection. Nothing in this Agreement shall be constmed to waive or limit the
City's governmental authority as a municipal corporation and political subdivision
of the State of Florida. The Applicant, therefore understands and agrees that any
official inspector of the City of South Miami, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
investigating the use of the premises to determine whether the Property complies
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and Inspections. In the event the
Applicant(s) is/are obligated to make payments or improvements under tbe tem1S
of this Development Agreement and such payments are not made as required, or
such improvements are not made as required, in addition to any other remedies
available, the City of South Miami is hereby authorized to withhold any further
permits on the portion of the Property failing to comply with this Development
Agreement, and refuse to grant any inspections, any approvals, or any certificates
of occupancy with regard to that portion of the Property until such time this
Development Agreement is complied with.
17. Representations of the Applicant. Applicant represents to the City as follows:
a. The execution, delivery and performance of this Agreement and all other
instruments and agreements executed in c01mection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant.
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid and binding obligations, enforceable against Applicant in accordance with
its tenns.
c. There are no actions, suits or proceedings pending or threatened against or
affecting Appl.icant before any court or govemmental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant shaH not act in allY way whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, canceled or tenninated, except pursuant to
its express terms, and shall take all actions necessary to ensure that this
Agreement shall remain in full force and effect at all times.
e. Applicant bas the financial capacity to payor advance in the City all fees and
payments as required under this Ag1·eement.
18. Severabilitv. If any provision of this Developl11ent Agreement or tbe application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for any reason, this the Development Agreement shall be
M1AM1819310.157326021531
3!29!()7
8
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparation. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the tenn
"included" is used in this Agreement, it shall mean that the included items or
ten115 are included without limitation as to any other items or teTITIS which may
fall within the listed category.
20. Binding Effect. The burdens of this Agreement shall be binding upon., and the
benefits of this agreement shall inure to, all successors in interest to the parties of
this Agreement.
21. Captions and Headings. Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22. Applicable Laws. Jurisdictiou, and Venue. This Agreement shall be govemed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida without regard to principles of conflicts of law. This Agreement may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
litigation pertaining to the subject matter hereof shall be exclusively in Miami-
Dade County, FIOlida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For tbe Citv:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
COpy to:
Planning Director
Planning and Community Development Department
City of South Mia.mi
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI 819310.157326021531
3/29/07
9
For the Applicant:
Irma Abella, Esq ..
General Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, F1. 33125
COPy to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, F1. 33131
24. Waivers. No failure or deJay by Applicant or the City to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or
to exercise any right or remedy consequent upon the breach thereof, shall
constitute a waiver of any such breach or any subsequent breach of such covenant,
agreement, term or condition. No covenant, agreement, term, or condition of this
Agreement and no breach thereof shall be waived, altered or modified except by
written instrument. No waiver of any breach shall affect or alter this Agreement,
but each and every covenant, agreement, teml and condition of this Agreement
shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
25. Third Party Beneficiarv. This Agreement is exclusively for the benefit of the
paliies hereto and their Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the pa/1ies hereto.
26. Survival. Any covenant, term or provision of this Agreement which, in order to
be effective, must survive the termination of this Agreement, shall survive any
such tenllination including without limitation, para"rraphs 2, 3 and 6 which shall
survive this Agreement.
27. Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in sLlch event said date shall be extended to the next
day which is not a Saturday, Sunday or legal holiday.
28. Entire Agreement. This Agreement sets f01ih the entire agreement between the
paliies hereto with respect to the subject matter hereof. All agreements,
covenants, representations, and warranties, express or implied, oral or written, of
the parties with respect to the subject matter hereof are contained herein. No other
agreements, covenants, representations, or wan-anties, express or implied, oral or
written have been made by any party to the other with respect to the subject
matter of this Agreement. All prior and contemporaneous conversations,
M[AM[ 3[93[0. [5 732602[53[
3/29/07
10
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereof, are waived,
merged herein and superseded hereby. Each party affinnatively represents that no
promises have been made to that party that are not contained in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Agreement shall not be supplemented, amended Dr modified by any course
of dealing, course of performanc.e or uses of trade and may only be amended or
modified by a written instrument duly executed by officers of both parties.
29. CounterpaI"ts. This Agreement may be executed (including by facsimile) in one
or more c.ounterparts, and by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an original but all of which
taken together shall constitute one and the same agreement.
30. Recordation. Within 20 days after the Development Agreement has been signed
by both the Applicant and the City, the Applicant shall cause a copy of the
Development Agreement to he recorded at the Applicant's expense in the registry
of deeds in Miami-Dade County.
3 L Exhibits. All exhibits attached hereto contain additional tenns of this Agreement
and are incorporated herein by reference.
32. Effectiveness. This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph #2d. If the Park
donation is not established in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
IN WITNESS WHEREOF, these presents have been executed this ;lq~ day of rJ\ an .. \'! ,2007.
MIAMI 819310.15 7326021531
3i19107
II
ACKNOWLEDGMENT AND ACCEPTANCE
BY CITY OF SOUTH MIAMI
KNOWALL 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 ;l f day of NI!f?C.JI. ,2007.
The foregoing instrument was acknowledged before me thiscA {£4 day of /!/evte12007 by
EO '1/ e s: J. /' ' /Ii P"', Gfl.( !'fhJ1l/!f~" of the City of South Miami and attested to by
ria M. Menendez , City CI~rk, of !'he City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
My Commission Expires:
3 -/ (, -d t' () r-
MIAMI g]92l"rl4lU22J.O.L~ 7326021531
3128107
Maria M. Menendez
Notary Publi'1C" '" _" ,
Sign Name: \ :0bC~ (if' jv?.,,<.fi-V---rJL-"'y
Print Name: "---M@ria M. Menendez.
Serial No. (None, i[blank):
[NOTARIAL SEAL)
12
IN WI1NESS 'W'HEJl,pOF, tbe undersigned party has agreed to this Development
Agreement dated as oftbe~day of MQ.~ ,2007.
W~ O~9..t.. .... )Y\, ~ I RRC 57 TH Avenue, LLC, a Florida ..,.. ~ A limited liability company
Print Name: -..+rn'\Ct. h. SEal-A-By: University of Miami, a Florida non-profit
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
corporation, its e member
~Y'
~ame: Joseph
Title: Senior
and Finance
The foregoing instrument was acknowledged before me thi~8"'h day om n I II ~ ,
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of ~~
of Miami, a Florida non-profit corporation, the Sole Member of RRC 57th Avenue, LLC, a
Florida limited liability company. &;/She is personally known to m" or has produced a State of
______ driver's license as identification.
My Commission Expires:
MIAMI 8193JO.15 7326021531
3128107
Sign Name:
Print Name:
Serial No. (none, if blank): ----"'''-'=-<''''-=-'44)--'-'_
13
[NOTARY SEAL]
NOTARY PUBLlC·STATE OF FLO~DA ~"""""'" Melody M. SmIth ~ Wi Commission IiDD589811 ,,~ •• , Expires: OCT. 10,2010
"'ft""THRU ATL6Jx""'\C BONl)ING CO., me. BONDED -,.
Parcel 1:
EXHIBIT "A"
Legal Description
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract 1, of REVISED PLAT OF
FER...1\lWOOD, 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 I;' of the NE Y. of the SE V-of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE V-of the NE V-of the SE V-
of Section 25, Township 54 South, Range 40 East.
Parcel 4:
That part of the SE Y. of the NE Y. ohhe SE Y. of Section 25, Township 54 South, Range 40 East,
described as follows:
Begin at the SE corner of said SE Y. of the NE I;'; of the SE V-; thence run West along the South
line of said SE V-of the NE Y. of the SE V-tor a distance of 185 feet for a Point of Beginning;
thence nm North parallel to the East line of said SE V-of theNE V-of the SE V-for a distance of
150 feet; thence run West parallel to the South line of said SE I;' of the NE I;' of the SE Y. tor a
distance of I 00 feet; thence run parallel to the East line of said SE Y. of the NE V-of the SE Y. for
a distance of 150 feet to the South line of said SE Y, of the NE V-of tbe SE V-; thence run East
along said South line of the SE Y. of the NE Y. of the SE V-for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County, Florida.
Parcel 6:
A portion of Tract I, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida,
more particularly described as fo]]ows:
That part of the Southeast Qualier of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 1258979.1 7332426731
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter for a distance of 285 feet for POINT OF BEGINl\1JNG; thence run North
parallel to East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter J 50 feet;
thence run West parallel to South line of said Southeast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence nlll South parallel to the East. line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast QUa!ier of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road,
MIAMI 1258979,1 7332426731
,. EA'HIBlT "Bn
PROPOSED-PARK CONCURRENCY
Red Road Commons
On or before the issuance of the first building permit for the Project, the .
App!icant will pay a Park and Recreation Concurrency fee (the "Park Fee") to the
City of South Miami (the "City") of $928,000. This payment will reserve sufficient
park concurrency to satisfy the demand of up to 409 multi-family residential units
to be developed on the Property and will be reserved as such for as long as the
"Development Agreement" goveming the Project remains in full force and effect.
·In addition to the Park Fee, the Applicant will pay an interest fee (the
"Interest Fee") to the City for interest accruing after the City's approval of the
Development Order for the Project on April 9, 2005. If the Interest Fee is paid on
or before November 17,2006, said Fee is $43,173.60. Ifth'e Interest Fee is paid
between November 18, 2006 and February 17, 2007, said Fee is $53,164.20. If
the Interest Fee is paid between February 18, 2007 and May 17,2007, said Fee
is $58,826.40. If the Interest Fee is paid between May 18, 2007 and August 1 T,
2007, said fee is $64,403.40. If the Interest Fee is paid between August 18, 2007
and.November 17, 2007, said Fee is $69,895.20. .
MI.A,.M! l154595.1 7000060147
~"REVlSED"*
SCHOOL IMPACT REVIEW ANALYSIS
November 16. 2004
APPLICATION: Red Road Commons
REQUEST: Development under the existing TODD (MU-4) zoning
ACRES: 7.09 net aores
LOCATION: 6600 and 6640 SW 57 th Avenue and 5757 SW 68th Street, South
Miami
NUMBER OF
UNITS: 143 units (Current TODD Zoning allows for 266 residential units.
Developer is proposing 409 residential units. thus generating a net
density increase of 143 units)
MSA: 5.3 = 0.20 Multifamily
ESTIMATED
STUDENT
POPULATION: 29students*
ELEMENTARY; 13
MIDDLE: 7
SENIOR: 9
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
Su nset Elementary -5120 S.W. 72 Street
Coral Gables Elementary -450 Bird Road
G. W. CarJer Elementary -238 Grand Avenue
Ponce De Leon Middle-5801 Augusto St.
Coral Gables Senior -450 Bird Rd.
"Based on Census 2000 Information provided by Miami-Dade County Department of
Planning and Zoning.
OSl.ioS6SS0e: !If.JINNH'd 3.LIS
"
The following population and facility capacity data are as reported by the Office of
Information Technology, as of September 2003:
STUDENT FISH DESIGN % UTlLIZA 110N NUMSEROF % UTtUZATION
POPULATION CAPACITY FiSH DESIGN PORTABLE FISH OESlGN
PERMANENT CAPACITY STUDENT CAPACITY
PERMANENT STA110NS PERMANENT
AND
RELOCATABLE
Coral Gables 758/ 467 162%/ 62 143%1
Elementary 762' 163%' 144%'
Sunset Elementary 1,0821 734 147%! 208 115%1
1,08S' 148%' 115%'
G, W. Carver 6011 416 144%1 66 125%1
Elementary 60S' 144%~ 126%'
Ponce De Leon 1,5321 1,225 125%1 198 108%/
Middle 1,539' 126%' 108%'
Coral Gables Senior 3,6OS! 2,092 173%1 95 165%1
3,61S' 173%' 165%'
• Increased student population as a result of the proposed development
Note:
1) The cumulative effect of other approved or proposed developments in the vicinity is not
included as part of this analysis,
2) Figures above reflect the impact of the class 81:;:6 amendment.
3) Pursuant to the Intenocai Agreement, Coral Gables Elementary, Sunset Elementary, G, W,
Carver Elementary and Coral Gables Senior High schools meet the review threshold,
ADDITIONAL SCHOOL INFORMATION: The following information was provided by
school site personnel or other data sources in October 2003:
Sunset Elementary
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement
Special Programs:
Lunch schedule:
Non-instructional space utili:;:ed for
I nstructional purposes:
Teachers required to float/travel:
091.;'SSSSOE:
In each classroom and Media Center-
daily access
Classrooms and Media Center
Grade "A"
Before-school care, Magnet programs,
enrichment classes and after
Begins at 10:30 a.m. -ends 1 :00 p,m.
None
Fourteen teachers
ElIJINIJ<Jld 3.lIS IJd8v'S V002 vI oacr
'. ,',
'.
Coral Gables Elementary
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to float/travel:
G. W. Carver Elementarv
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement;
Special Programs:
Lunch schedule:
Non-instructional space utilized for
Instructional purposes:
Teachers required to float/travel:
09l.;'S66S01':
In each classroom (PK_5 1t1 grade),
special computer labs and Media Center
None
'A+" Florida School
After-school care
From 10:25 a.m. to 1 :00 p.m.
Auditorium Lobby, ESOL pullout and
CCHL pullout
Spanish S, Spanish SL, CCHL, ESOL,
Art, Music
In each classroom and Media Center
None
Grade "N
After-school tutoring
Begins at 10:30 a.m. -ends at noon
None
Music and Art
mJHJf.JlOld 3J.IS
'~ ,. ,
Ponce De Leon Middle
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-Instructional space utilized for
Instructional purposes:
Teachers required to floatltravel;
Coral Gables Senior High
Access to computers:
Capital Improvements since 1990:
Recognition for Academic Achievement:
Special Programs:
Lunch schedule:
Non-instruclional spaca utilized for
Instructional purposes:
Teachers required to ftoat/travel:
DSl.+S66S0E
In each classroom, in special computer
labs and Media Center
Classrooms. Art/Music Suites and
Science Labs
"B" school
Magnet programs and Commun Ity and
Vocational classes
Begins at 11 :30 a.m.
None
Language Arts, ESOL, Math, Science
and Geography
In each classroom, in special computer
labs and Media Center
None
Sterling Challenge
Magnet programs and Enrichment and
Vocational classes
Begins at 10:37 a.m.
None
Science, Math, Biology. ESE, History,
Language Arts, ESOL, Business and
Childcare
,"'.II fJfJtJ"1d 3.1 I S
.. ~ OR BK 25496 PG 0072
LAST PAGE
PLANNED RELIEF SCHOOLS IN THE AREA (information as of November 20Q4);
School
Coral Gables Senior High School
83Q.-student stations addition
(District will remove 31 0 existing
student stations housed in portables
providing a net increase of 520
student capacity.)
JRE Lee conversion to elementary
(786 student stations)
Status
Under design
Pre-Planning
Occupancy Date
2005-06
2011
OPERATING COSTS; According to Financial Affairs, the average cost for K-12 grade
students amounts to $5,833 per student. The total annual operating cost for additional
students residing in this development, if approved, would total $169,157.
CAPITAL COSTS: Based on the State's November 2004 student station cost ractors*,
capital costs for the estimated additional students to be generated by the proposed
development are:
ELEMENTARY
MIDDLE
SENIOR
13 x $ 13,452 = $174,876
7 x $ 15,423 = $107,961
9 x $ 20,409 = $183.681
Total Potential Capital Cost $466,518
• Based on Information provided bY,the Florida Department of Education. Office of
Educational Facilities Budgeting. Cost per student station does not include land cost.
D9l.i>S66S0E EHJI iJiJlJld 31 I S
1111111 1111111111 11111 111111111111111 Ulllni EXHIBIT
I \\ B" CFN 2010R0201072
OR Bk 27227 1'9$ 1492 -1498; (7" •• )
RECORDED 0312512010 09:49'51
HARVEY RUVIW, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument prepared under the supervision:
and when recorded return to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131-2336
AMENDMENT TO
DEVELOPMENT AGREEMENT
(Space Reserved for Clerk)
This Development Agreement is made as of this 17t( day of ~, 2010, by and
. between The CityofSouthMiami,Florida, a municipal corporation ("City") and RRC 57'h
Avenue, LLC ("Applicant").
WHEREAS, Applicant owns the property in the City, in Miami-Dade County, Florida,
legally described on Exhibit "A", also known as 6600-6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property"), and .
WHEREAS, the City and the Applicant executed a "Development Agreement," recorded
on March 30, 2007 at Official Records Book 25496 at Pages 52-72; and
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
W]'fEREAS, 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
09-4025-026-0020
09-4025-026-0030
09-4025-026-0060
Sec/TwplRge: 25-54-40
MIAMI 2001026.57743027649
3/23/1 0
r\ . ,
NOW, THEREFORE, the Development Agreement is hereby amended as folloVv'S:
1. Addition to Section 1.
g. The extent orretai!. office and restaurant uses shall not exceed. and be limited
by, the capacity of provided parking. The development shall comply with the
parkin!! reouirements in the Land Development Code Section 20-4.4(8) for all
retail. office and restaurant uses.
2. Addition to Section 5,
r. Applicant shall provide 1,001 parking spaces [which may be reduced in
accordance with Condition #5g, requiring removal of on-street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on-site
street parkin g. •
'As of October, 2009: 958 total parking spaces remain after reductions set forth
in 5r above and 11 spaces removed for bike racks: 891 spaces for residential units;
and a total ofG7 spaces remain for retail/office/restaurant uses.
3. Amendmentto Section 23.
For the Applicant:
Irma Abella, Esq,
General CSlIMeJ.+(}ffi.ee
Unil'ersitl' af Miami
1329 Saud. Dixie HiEll'o',a'., SHite lSQ
Ger.l Cables, FL :l:lU5
RRC 57 th Avenue, LLC
ML Jay Jacobson, Director
Wood Partners
2600 North Military TraiL Suite J 00
Boca Raton. FI 33431
MIAMI 2001026.5 7743027649
Y8!i () 2
4. Within 20 days after the Amendment to Development Agreement has been signed
by both the Applicant and the City. the Applicant shall cause a copy of the
Amendment to Development Agreement to be recorded at the Applicant's expense
in the registry of deeds in Miami-Dade County and Applicant shall furnish a
certified copv of the recorded Amendment to Development Agreement to the
City. Failure to record or to furnish a certified recorded COPy within 20 days
nullifies the validity of the Amendment to DeveloDment Agreement.
IN WJlNESS WHEREOF, these presents haye been executed this
/!fau;}( ,2010.
MIAMI 2001026.5 7743027649
218JiO
[SIGNATURE PAGES TO FOLLOW]
3
17 .fi. day of
ACKNOWLEDGMENT A,"'iD ACCEPTANCE
BY CITY OF SOUTH Ml'<\MI
KIlfOW ALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepis the foregoing amendment to the
Development Agreement and each and all of the terms and provisions contained therein,
_________ ., dated and attached hereto.
DATED this I~ dayof !Y\u.rGh ,2010.
CITY OYf.()U'Pf MIAMI
BY:_-,,1Qi.~_IJ,~......=._-=,-____ _
Roger M. Carlton
Acting City Manager
ATTEST: .......... ~......dnOi-,==d .....
~\?\ ··~r '<: CLERK -
STATE OFJtOli L )
) SS
)
The foregoing instrument was acknowledged before me this n~ day of rr'4fLh , 20J 0 by
·KCOe{ \'I·C£..>\~ ,Ci~ ~t.~ of the City of South Miam~nd attested to by
\'rr..i; 0.. 1"'\ .Mwtl Jf'\ , City Clerk, of ~ City of South Miami who are ( ) personally known
to me or ( ) produced a valid driver's license as identification.
Notary Public:--;",. __________ _
Sign Name: bJ2
Print Name: --i3"''',lC;-;P-o;;";-kf-''-:r-' ""'0c-~~-t)Q--;;-----
My Commission Expires:
~~~~~m~B~'~~A.~~~~~'E~.~
MY COMMISSION # DDflmal '0. (None, ifblank):
M!A1'>411001026.57743027649
:Ug;!O
EXPIRES: October 5, 2.011 [NOTARIAL SEAL) '~'<L" "'" ''''" p",~ u" .. ,.,· .•
4
IN WITNESS Wijl?REOF, the undersigned party has agreed to this Development
Agreement dated as of the ::tL day of~ ,2010.
;¥:tWjt sses:
~,.R.~ 7
STATE OFFLORlDA )
By:
Name:
Title:
)~:
COUNTY OF MIAMI-BABE) ~~~~
The foregoing instrument was acknowledged before me this .~ dayof.~
2009, by Jay S. Jacobson, Vice President of Wood Red Ro!lll. Commons, ,'ng Partner of
RRC sih Avenue, LLC, a Florida limited liability compan~/She is p r onally -own to me
or has produced a State of driver' . ense as identification.
My Commission Expires:
MIAMI 2001026.5 774)027649
2/8i1Q
Sign Name: ~~
PrintN e: .£rt,~~J~H0r~
NOTARY PUBLlC
Serial No. (none, ifblank): ________ ._
[NOTARY SEAL]
5
Parcell:
EXHIBIT "An
Legal Description
All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida, less
the South 475.657 feet of the West 100 feet, and less also the East 150 feet of the South 330 feet,
and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the West 175 feet of the South 125 feet of said Tract.
Parcel 2:
The East 75 feet of the West 175 feet of the South 125 feet of Tract I, 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 'A of the NE 1<i of the SE 1<i of Section 25, Township 54 South,
Range 40 East, less the North 25 feet of the North 132 feet of the SE 'A of the NE '4 of the SE '~
of Section 25, Township 54 South, Range 40 East.
Parcel 4: ...... .... .. . . "'1 F.',,;,· .. .... ". ......... . .
That part of the SE y,; of the NE '4 of the SE.\4·~,r.S'ection 25, Tov>'l1ship 54 South, Range 40 East,
described as follows: ' '.
Begin at the SE comer of said SE '4 of the NE y,; of the SE '4; thence run West along the South
line of said SE '4 of the NE y,; of the SE 'A for a distance of 185 feet for a Point of Beginning;
thence run North para1lel to the East line of said SE '4 of the NE '4 of the SE y,; for a distance of
150 feet; thence run West parallel to the South line of said SE '4 of the NE J~ of the SE I~ for a
distance of lOa feet; thence run paraIJel to the East line of said SE '4 of the NE '4 of the SE '4 for
a distance of 150 feet to the South line of said SE y,; of the NE J~ of the SE '4; thence run East
along said South line of the SE y,; of the NE '4 of the SE y,; for a distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes.
Parcel 5:
The North 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the
Public Records of Miami-Dade County, Florida.
Parcel 6:
A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as
recorded in Plat Book 35, at Page 72, of thell'utiHc Records of Miami-Dade County, Florida,
." ,1./1
more particularly described as follows: .' ,-""
That part of the Southeast Qualier of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, desclibed as follows:
Begin at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast
MIAMI 2001026.5 7743027649
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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 QuaI1er of;l'l,ortheast Quarter of Southeast Quarter 150 feet;
thence run West parallel to South lineof'~!\i.d I ,southeast Quarter of Northeast Quarter of
Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter 150 feet to the South line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast
Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF
BEGINNING, LESS the South 25 feet for public road,
MI;\MI 2001026.57743027649
319110
7
\\ C II
• CEIU1j;'!CATE OF OCCUPANCY 4659
''', 6. Bus!uessorTradeName{ife.uy} __________________ --'---'-
7. Amonnt of foe pfli.d with this application.$ ....\if.il6~j)~. ""!'J"'--__________ ~_.;.,-'
S. Other p~ts.md Ikenseo: t.ppU~ lOr-lll' obtained! _________ ,-,-,-__ -'-_
Bleckial PenJli.I No. ()g:., ;9 if
Building Petmil No. Of-. 11'1
Plumbing. PermiUW. {}f(-'ItJ3
OJ. b.r
i
Issued (date)' -J.,~'!1f.:""-__
......• -. ----
4660 --.
6. ElusinessorTrad;.:.N.amc(ifWlY) _____ -:--::-_~ _________ ~..:....:
7. A~ offee pcid wilh tb~ applic;WQll$ ..J..' ;,Z<,;Sl!'".,,¢"JL ____________ -'"c...
S. Other permit~ and Jicena;cg appUed for or obtained: ---------7:1-:1:7--.-".,... El«";~ P_l No. _fO'}t":'i,,:1~JlL-____ Dole _.1J1Z'4f,/D.8"!JOil1 ___ _
Builthllg Peonit NI>-_jJ,0&~I:Lt5,,:-C-____ _ _...;p.i""',"'d!"'*"--__ -
Pkllnbing. Permil 'No. __ Ilf."'-oJ]".:1.1_____ 0"" d.ill"i¥'¥''---'-'-
OZ· f(}kiJ
I
CERT.IFlCATE 0.1' OCCUPANCY 4661,.-
Dale _JE.~L __ _
~~~~~~----~
ck.: 1f!
r
ClffiTlFlCA'rE OF OCCUP4NCY N! 4663 .,.,.
erN (.Jf'SOUTH ML'-.MJ., FUJRlDA
LN:ameofownec ailC 1}t;.IWf _L-l..C
"Add= '2f,!1IJ N ";P,"I/( ',it? /Ph e.g; &k. t?-31l¥il
3. N~ofOc:cupilnt fled. f..rJd fofr"t1O a'" $
4. Addre$sQ(properiy ~vil1g Co. (,&21) frO 9t fftJl% RudJi~ l!'
5.1)rptQ1UsO Midtl}~ll!!
6. ~ncssorTn!ldeName(if-an;) ________________ _ ;-.
., _ A.mmmi offuepai<J 'W;{h ttlis ~prlic3tion $ -';,:,IIpp!CV"',"OOIL ____________ ,;-.
8. OUler permiU: and licensu applied fOI'ot"wined! ________ -,-,--.-::-__ -..::
Eicctcial Pe..''trnl No.
BuW:ling Permit No.
Plurobif',g permh No. --.If'";..!1l.!!._---
Mec:hancW\ P"mi,ljo __ 0l"-""'-"'-__ _
11. Use approved:;
r
_._------• CERTlFlCA1·E OF OCCUPANCY 4664
CITY QjI" SOUTH MIt\W. R..oRWA
l.Nome.'<>WDU Itil.r 5't &110 U6
2.Addrex$ 'ft{jlJ M ~;;~/4~ "fr. C"?.!oH!, {pO 8pce 41.m.R--?Rtf?}
3.NameofOa:upam. !lrd l2(/rul ttJrnmrm$ r
"'_"'""",,",Y""""ingCO. i£k¥r zwp/lI"e 1H; 11;_) p
5. 1}pe ,,1m (ksiillMf,-./
6.BusinessorTrw:ieNamiO'(ifruJY) ___ -,_---.-___________ -'-;...>·,"'.::C·
7. Amoao1.offee pidd wnu tllh; appllcaci<:!D S _l"',O"U"O"."Dl''--____________ _
8, Other pccmils 1!1ldlicl!~ applied fWQrobtaIned: .---------=.,--,ro----~ _"i~ Pennit No. --'I1"'!I"C:-4lf ... t;;3____ Dote 'i/;y/,q
Buil&'.Pc<ml,No. _~Q,f.If","I!;'(f'-c:-____ nato nt/rict[
Plutllbing PermilNo. 03~ 9611 ~ ti
Mechancisl Permit No og -~ k Z
lQAW~D~~~.t~~~~~~~~~~~~~Jj~~~~~~~===== n, Use awroved; _
6. Bn~orTrade N:tfDt!{irany) _____ -;;; ______________ =_
7. Amount of fee paid witb IllL.; ilpplicatioo S _J;~.z,""'Z"f)~O"'O--------------
S. OtMr ~f1ni.t:s and Lieeoses applied foe or Obtdned: ______________ ......:.:-
E1ectrialPerlDltNo. GIS: !;'Y" Date _______ _
Building PCtmt( No,. __ DIL? .. 'Wllt"-.,,--__ _
Plwnbing Permit No. . Dk-Y-1'i Oy-"'i~
0", -~_r_----
D .. r-~~~-----
EXHIBIT
I "D"
)(18 Hand D.llverv
Mr, Th~mas Vsgaline
Planning and 7.Qnln~ Dir~ctor
Olty of South Miami
61 $0 l'Uflset Drive
South Miami, FL S314Z
Re: j)evel~pm~nt Agreement
'Red RQad Commons" Project
Dear Mr. Y"9~lIne:
Jar,.,. e. PromoJ, Elllq.
"«1 :lOG.3ao.2361
hI: ~05.3fi1.~2(!O
IfU'O~IQl$'blJilIn.G£lm
D&C<lmber 4, 2009
Thank you lor ma&Uns with the development an~ mQnasemant !~am from Wood
Partners on Monday, November 16 to dltou$s tho Development Aglllement for "Red Road
Commons". \ TI~$ response will address \tie permitted and required Ilemu in the Pevelopment
Agream",n!, end Iti. current status.
Please not~:
1. Pl1rmltt~d Uses, Oen.TtI .. and Int.n'ftl~,
o lt~m la.) The Properly wa$ developed with ~ I~tal of 404 units .~ shown on !h~
apPlQVod p6m1lt drawing aet.
a Item (b.)The Properly was d$veloped with approxlmat!)ly 10,000 plus sq ft Of retail
8p~C. Bnd • Lea.lng Office located in Building l; a8 shown on approved perml!
drawing .8t.
" /tem (v.) The Property was developed with a maximum of 5 ~tol'I~' In height as
shown on approved permit drawing .et.
,,!fem (d.) The Property w~s developed In .ub8t.ntl~1 accordance with tho adopted
lnaeler site plan on fila at Ihe City, Including elevations. arehltec!ural feature" anc!
'/TlleProJf;lC! lOCflllotl wut be ,-e(en-w to I\S the IIPropt!rt;r''' III thi:s rep{.It\1 !md tile Ptoper;y owner! RRC ~7r,J, AVt.l),lue,
L),.c~ will b\'l referred w as "RRe". A~athJ'fle.n\s to U\16 tet~T ftro 1.1'I1II'k(l:(\ tQ CQtrupo.od Wml (he It~m -numbers listed
Ut 1he l~tt6r. 1 hilvu Illso lJ.uach~(] II copy of the rewrded Oevelopmen~ Agl'IJl;)tno-nl,
EXHIBIT "D"
D"tIN SUMBUG 8AeNA PRloe • AX~I.ROQ ,\~
'2OQ S. DIIiIQ&yne eOUf~VRt~, tM1Q 21l0P. Milimi. R. 3S1SH'34Q rat ~Oo.s74.1fiaO Fax ~5,~rU51l3
"
"
Mr, ThomeJ Vl\9Ollne
Cllyor South Mla,!,1
J)fICI1l11bor 4, 200~
P~.2
estimated square ·footages pursuant to Section 20,3-7. Olty Code, The City
Manager approved minor modifications to the aile plan In 2007, prior to
development of the Property, and ·In 2009 to aooommodate \he plaoement of
bloycle r~o~s on th& property,
o Itam (e,) The Properly was develop~d In one Phase,
o Item (f,) RF<C applied for a bull<llng permn within si~ (6) month. of exeoutlon of
the Development Agreement.
t, Public Facllltl~.;
o It~m la.) Walltr and Sewer .ebulils ware lesued to Jose OliVO, publlo Works Oltpt.,
on Wednesday November 19~, ~OOS, (Transmittal ~ttaohed). rwv 6S ~nd SW ee
Slrao\ Dralnago asblll~s were issued on November 20", 200$. (fran,mlllal
Qttl;'\ch~i;I)
o 110m lb.) Atlacllall Is the agre0ment between Red Road Commons and AI!
Servloes from Dade Co~nty, Including •• rvlce frequency ~d permi~IIlS.
o item (c.) DraInage ""vlces wore oonstructed as per approved perroll drawings
and inspected by the City 01 South MiamI.
'" /10m (d.) P~m.n\ In tho amount of $997,895.2Q We, made 10 tho Clly of South
Miami. A copy of the cheOk is atia¢h~d,
<;> Item (e.) FOOT plene, permit. and re09Td of final Inspections from ~DCr and
MOO Were Is~u.Q \0 Jose OliVO, PUbilo Works Dept" en November 19", 2009,
(Transmltlalatlaqhed)
o lIem (1.) A oompliance report will be &ubmRted to the Inlerim City Mlmager In
January, 201Q &5 required by tho O.valopm$nl Agreement. The Inilial $100,000
paymanl to the City wse made (copy 01 oh.c~ .«aohad).
S, TRxes; No lax exemptloni has been filed, Texe" have and win be paid as requlreo;!,
4, Work Force: ,A oompliance reporl will be submitted to the Intarim City Manager In
January, 2010 as required by 111. Development AQreemant.
5. Site Plan:
o (t~m la.) At\aohl1d I •• copy 01 1M FDEP agency permit with records of Inspeotjpn.
o item lb.} RRC has Bocured all building entranoes, elewtoJi! and gat •• wJlh 1"08
key and transponder. Issued \0 all residents. Coordination of .mor9$~OY v~l1lol",a
bas also been taken .eriously, RRC h~. met wllh tha City. of South Miami Police
MIAMI ~OOIO~8.1174,10216~9
12nJW
Mr. Thoma& Va~elln.
City 01 SQuth Mi~iltl ,.
Dac.mOOr 4. ~009
PS98" I
Dept and Issued 50 FOe keys Md Transpon>lers whlc~ all th$\r on duty offloara
and VllhlcleB wlIl OIIrry In case of any emareanoiee. (See attaohed spra.dsheel
and oommunlcallon). Addltlon~lly, RRC has mel· WIth Dade County Fire
Department and addrBBS/Od smeors$ncy team Mce8S by Install1ng Knox Soxes In
ali gates and SupraMax Rspld Response Systems boxes In all points of entry to
the buildings, ~1U\l.ldln9 appropriate slgn@ge (see attaGhl>t! sl9n examples). The
RRC ,-""sIng offioe Ie re~dy 10 respond \0 any emergency during workinQ hours
from Monday through Saturday anel hQll part time poi1ee officers and 1M
mainlenenoe man"",ar living on the praml •• , which are ready to respond to ~ny
aftor hour .m~rge(\oles.
Q 'l!f>m ro.) D~\lBlopmen\ attaohments w~re Issued to Joea onvo, PUililc Work,
Dept, u~~l!>r Item number 2(0).
"lt9m (d.) rna Property wa~ developed wllh co~trol /10<)0$$ 9$les as ahown on
", "approved ,permn dr~wll'l9s.sbeet.C5,t (Arohltectural blow up Inoluded for clarity)
,,/terns (e.) Record plan pheat, drawing C5. i rev, 20 WPS issued to Jose Olivo,
Public Works Dept., on November 19'", 2009, (TtlII\smIUal a\tMhod).
,,/teme If.) Record plm ",hoets per City-approved r~vl&lon 18 Including ema11 dated
October 1()", 2006 QOnftrmlng LMd,(:Gpe lay"o\11 and .admon, wer. issued to
Jose Olivo, PubUo Works Oept., on November 19~, 2009. (TranaITIlttal all~ched)
o I/<lm (g.) A &Ix (\1) ft lall CBS wan was oonstruct@d per ~ty approved plans revision
#2.
o it!Jm (h.) Attsoheu Ie • 1.\I~r from \.ar$mar Communiti.s, LlC (A$se1 Company)
With a brl.f summary of ~,ow employe. parklnQ I~ assigned al1d onforced.
Additionally ptease .ee aUaohed dQ~menlntion frOM r\$otor R~bl, City of Soulh
Miami, sl10wlng a\l approved oooupatlon~! lIoense numbers.
o Item (I.) Maeter Signess Wa! provided and approved by the City of South Miami.
o Item (J.J A 3" party IIghtinQ oonsultant has bean hired and a final report will be
I •• ued within 30 worKing days.
o Item (k.) R@fus. area. have been ·conslructed 10 .CCOI11n1Qdel. ad.qu~le
dumpsters. DmwtnS$ hove be~n apprQv$cl by ERPS and oonstructed as such, All
Services (solid waste oompany) I. funotioning .ffici~nlly and with no complaint •.
o It"m (I.) No FOOT Maintenance Bond We' required. A lettar from David Plummer
&. A'$oolate. was i •• ued to Jose Olivo, Public Wolks Dept., on November 19",
2009. (Tren.mitlal atlached under Iwm 1128)
MIAMT3QVI046,11143D7.1649
12"109
0: 61l,Z!N ·SUMIH~RO SARNA PAICl! a A)(fiL-AOD LL.P
.,
"
Mr, room!1 Vegellne
cny 01 So~th MI.ml' . '
r':3t..9mber4 1 2009 i .' j
Pogo 4
(;> Ifem (m,) f\~lall eelabliehrnent parking ha5 been approv~d a& shown on Permil
plan eel ehee! 1:·/13,01 r.vlelon 14. The allooated n~mber of spaoes will be
maintained •• requ~ed b)' I. .. ramar Communltlef. I.LC.
o Il~m (n,) Sidewalks have been Installed per Ihe adoplW site plans,
i) It"m (o,) rhe Paleo on Ihe North ~ida has bun constructed has per the
approved, amended Sit. Plan.
o nem (p,) Olvll drswings 05,1 (rev 20) atteahed shows a 1»101 of '6 I.oadlng Zones
a. apprOVed by the Clly of South Miami,
"llem (q,) On-Slreet parKing 011 SW 66 Str.et Wes eliminated by th~ Olty, Final
conaltvoli~n was bunt per approved City of SOLlth Miami Permit drawing ••
o Item Ir.) Th.re are now 95E parking spaces oervlng the dell0lopment. This lolal
was ratified by City slaff end the City Commission as part of the most rec.nl minor
plan modlfioation approval $nd • subsequent ordinan<)11 adopt~d by the City
Comml.&lon on November 17, 2009,
o /fem (s.) A laner from David Plummer & Associates was Issued to Jose Olivo,
Publio Works Dapl" on November 19111 , 2009, (Transmittal alt~ch.d und.r Item
112.)
o !fel'll (t.) Clly of South MI~1111 will monllor from time to time on a complalnl dllVen
b •• ls. This requirement came abo\lt because of • rOoftop pool/reor.atlonal d •• lgn
on top of the parking garage In the orlginel development <\e.Jgn and nol$&
oonoerns about this afn>ngement by City &taff, This de.lgn wa. modified by RRO,
eM r~O""atlonal .p.o~ 10 now located il1$ide t>~ilding.
o Item (u,) On March 27, ZOOS a oontrMt wee execuled between Coaetal
Conslructlon ~nd Denleon Parking at Shops at Sunset for • lol~1 of ~ 00 p~rKlng
spaoeB lind later exp.ndlng 10 a total 01 170 spaces 10 acoommodate addllional
OQnslruCllon vehicles,
e. Sohool$1 The aUa.hed $34,800 payment was made to the School8c.rd In ~007,
7, Unity of Title: A Unity ofrille for the Property was recorded In 2007, A copy ts
e\t~ohad,
MlAMI200104a,l7"901?649
IlM09
"
Mr, 'I'hQmft" Vagelln~
en)! of So"t~ Milmi! '.
O$09m~er 4, 2Qog'
PeU·5
'I'h~nll you for your cooperation, If you hava any qu~sljons, pleses give me e oell.
JBP: Id
0; Ro;erCarlton, Mtlno Cl\y MMeg.r
Jay Jacobeon
Rolando Jaime
"'" '''.,~. "" .. , ".,
~ Bll,ZIN SUMSE:RG SAliNA PRICG 8. AXI!LI'lOO I,.lP
Sincerely,
/6!:;~
EXHIBIT
I "E."
Pl\l!~ lor
" -
.. -.. " ....... ,,", .... , .
• .. j ..
Pago I uf I
EXHIBIT "E"
Paid By RRC 57 AVE LLC/RED ROAD COMMONS ieate public_user 02/05/2015
Paid 11124/2014 Miami-Dade County, Florida Receipt # FPPU09-15-001433 $1,042,491.78
2014 Real Estate Property Taxes
otice of Ad Valorem Tax and Non-Ad Valorem Assessments
Mal~~ A~dress RR 7T AVENUE LLC
PO BOX 87407
CHICAGO, IL 60680
I
School Board Debt
State and Other
Florida Inland NaviQation Dist
South Florida Water Mllmt Dist
Okeechobee Basin
EverQlades Construction Proj
Childrens Trust Authority
Miami-Dade County
County Wide OperatinQ
County Wide Debt Service
Library District
Fire Rescue OperatinQ
Fire Rescue Debt Service
Municipal GoverninQ Board
South Miami OperatinQ
Exemptions:
57,100,000 7.77500 57,100,000 443,952.50
57,100,000 0.19900 57,100,000 11,362.90
48,081,181 0.03450 48,081,181 1,658.80
4M81,181 0.15770 48,081,181 7,582.40
48,081,181 0.17170 48,081,181 8,255.54
48,081,181 0.05480 48,081,181 2,634.85
48,081,181 0.50000 48,081,181 24,040.59
48,081,181 4.66690 48,081,181 224,390.06
48,081,181 0.45000 48,081,181 21,636.53
48,081,181 0.28400 48,081,181 13,655.06
48,081,181 2.42070 48,081,181 116,390.11
48,081,181 0.01140 48,081,181 548.13
48,081,181 4.36390 48,081,181 209,821,47
Save Time. Pay Online. www.miamidade.gov Combined taxes and assessments $1,085,928.94
Taxes
09-4025-026-0010
FOLIO NUMBER
6600 SW 57 AVE
PROPERTY ADDRESS
LEGAL DESCRIPTION
FERNWOOD REV PB 35-72
TR 1 LESS S475.657FT OF W100FT &
& LESS E150FT OF S150FT & N132FT
OF
RRC 57TH AVENUE LLC
PO BOX 87407
CHICAGO, IL 60680
.,. RETAIN FOR YOUR RECORDS .,.
... DETACH HERE AND RETURN THIS PORTION WITH YOUR PA"M"NT
Make checks payable to: Miami-Dade Tax Collector
(in U.S. funds drawn on U.s. banks)
Amount due May be Subject to Change Without Notice
Mail payments to:
200 NW 2nd Avenue, Miami, FL 33128
If Paid By Please Pay
Nov 30, 2014 $0.00
lDDDDDDDDDDDDDDDDDD94D25D26DD1D2D14DDDDDDDDDDDDDDDDDDDDDD7
" .,
;'
I,:;
. Fi rst
JonUllt,Jltl, ~OO8
Ml:. JulIan pOI'@';
l'l~ IIll4lWnlllfllJfusotol
Olty 9rSo~th MlM.1l
mos~Prlv,
S01lIIIMJamI, Florida ,3143
EXHIBIT t \' Gil
ted Methodist
".~. '''''.'''''''''''' I '''''II''''
\b): RO<!:tw.d Co_OIlS ~l'WiJ>roJect
SW O~mel ofRe(ld Road I!!lll S. W. 66" Stroot, South Mi!lllli
, ,
, .... "
To Mfilllllt r<lqlllrt1l101!t& of tho Pevelop", ... t AgleelllOUlwr th.Rod Road CommaJl.il
project, F$n;t·U,llted MetlJo.&1 Cm.oh of South MlumJ '1\olI wmd wlt\l TOllr •• enj.~v .. ofkd
)Woo eo""'OI$ aDd r"""hed ."d 'll'~em'll\ ~ lb. attache<! roadwoyIllIpt:OVcrnenu,\0 Re<i Road betw""" 11>. Churoh pto]l<l1y and the a.v.topm".! 1"l\>1li. The deI>eloper l!as oonmtlUed to these
;ll1j)I""e1l10111S ~long ~ R~.d, ~I tbelr "p'llliIl, for th~ 1fIIf.\rty Olld betlorolellt ef1hc co",," ••
8lld ow !JQOll"uutiOl). Awo.-OlnS/r.l';rsl UnltO<! Methodll>! Churob of SOUlb Mlomlll pt""-'Oll to
c.do"" t ..... m.provomenls •• nd vc~uy ·Utol tb. tlevel.p" ba> mel tbe 'pmt and 1ol1c1 (.ftho
A!ll~.mWlI ~ .. p!II"Iles f1/V<!l 0,,\ lb. 90<111110"00 of the project will eumll enoh of tlle It=
~~onW.l UI>.Ul< ~,. dev.loporl and lb. OIly of S.uth Miet1li Ibt the &plrl\ of OQQpotI!~on,
whlob Ul)~Olibtedly willleOO 10' be\tIlf oorom\llll1)l.
1'10"" '""I!Iee to C\lntaot ttl. sbould tile ~ood anlK',
310=ly, .~ ::L~:: ~
Fl!st lloited MethodJsl Chlll'tIl.of South Mlomi
0): M~yor B.",oc (,i.rdiu, City QfSouth Mimi
J'1f)'B.l'_r,B~.
Alc1!i, Stilwell. Cbolr, ·rrustee.JFlr9l UMO of South Miet1Ii
Victorl':l<Jvtl
EXHIBIT "G"
"
'.I
,... • I , " " ~ ... •
RaD ROAD CO!'(lMQN§
Red Road Improvements
1, ':' "Pu~h"butlon ';';;II'padesi'rtiln'" crosewalk'signiii'p"fiesil on
Red Road atl.avllnw Avenue.
2. Setter &lre6t striping -~ede$\rlan crosswalk between
Church and projeQl, '
a, !'letter pedestrian signals with oountdown features,
4, New pedestrian rempe .' L.avanw Avenue and Red Road.
Improved safety, better h8ndloapp~d aOC<)$slblllty.
6, Shorter padeslHafl cropslngdlstance,
6, Additional curbing/sidewalk area on east side of R~d
Road at ~avante Avenue,
7, Lamfuoaped Median on'Red Road between US 1 and
Ponca de Leon Boulevard,
"
.f
EXHIBIT
" H"
".
~~ Hood pe!! ....
•• Oorln. e,quijo,O$'
P •• IUtle& Planl'linQ. Mi~fni.O.do County Sohool !Jo.r~
1~6Q NE 2 A"'no., Sullo 521
MIami. F1131&O
Jan}' fI~Of/.'ftt4
'01 "'S~m1
Fill ~Wi.u$1~60 -@-
SOll_ 27,21)07
Re: lIR.ed Road Cornmonli" Dev6Joprnenl .
PtoP'ri!': 6~OO .n~ ~54Q 'I!NI 57 Avonua and r;r~1 ew 68 SIr.wt, City <>f
SOUth Miami
Do.,'M •• Eaqul)a""":
~u"ue.t \0 Ol'u" 6 In IhO ,lllIohed Davolopman1 Ag .... moM for 1M "R" Road
CClmmom l' d'1J\felopmwn. er\t:IQ$~d: pkl~aR-ilrKl $ ~aQl\ \0 the Mfaml..Oade County School Soard'
In Ih. amount of $5<\,ooq.OO. PI"'~ confirm in w,IIInQ thO! V11e p.ymonl •• ~.n •• lho condillon
.1 th. O"".lopm<lnl AQreem.nl ,M any ~ulloin9 porn11J "qulro",,,,,I, of 'Ih. 600001 Board on'
lIl]smatter.
Thanl{ you rQr Yotlr co~parsU!;ln,
JBP:id
eo, Jay Jacobson {wl.nel.)
TI~ "O$,.a (wI.""I,)
Jul'" Po,." Oity 01 South Miami (w/orlQl,)
EXHIBIT "H"
"
" .,.
"
EXHIBIT
I "I"
" . I
Thl' !1\1l!rUm •• ' p",parod by, Jerrr E, P'o<>tot, BIq,
Silu. S,",,\l"T$ Jl"NlI'rI~& Ax.lro<i LI.P zoo Soum Jlisoaync BomovMi, Suil. ~SQO
Miami, 1'lorldo 33131·S340
UNI'l'Y OF 'T1'T~1t
This Unity of TKle made pod exepuled Ihl. ~ dey 01 ~, 2007, by RRC
57" Jl,venue, LLC, a Florld& limilellliel:illity company, ,
WHe:RI;AS, the und.r~lsn.d Is the Own"r of that property deeorlbed P$:
6600-lle40 SW 57 Avenue end S157 SW aa Stroot
Folio No,: ~-'\025·0Ze·0010 Folio No,; 09-4021;..026·0000
Folio No~ 0!)..40Z~.Q2~'()020
FQlio No,:tl9-40Z5·QZe-oOao
Legal Desorlptlon: Se. E~hiblt "A" ~tt,oh.d and made. pen hornof.
Owner recogol>e. ~nd acknowledge, thet for the pUblic 1".Uh, w<)lfere, safety or
morals, the h.reln.ooocribed property ehuulQ nOI be divided Into o.poratc p"Qel~
owned by several OWrlllrs $0 lon~ 88 th~ ssme Ie part 10 the herelna!!er ~.a, and
In oonllderallon of $10,00 and for olhGr good anQ ~aluabla I)(lnslderatlon, Own~r
hereby ilQr.e~ 10 restrict the ~8e of Ih0 avbleol properly In the followlnS menner:
Th~1 .. i~ property Ilhell Qa conoldered 6S one plol, snd pe,oel of
land and that no portion or 8.1~ plol an;! pafool 0110"" sha" b. '010,
transferred, davlsed or ?sslgned separately, excepl In It. entirely
~8 one plat or parcel of land,
OWner further ilQrees lhal thl. 00"011100, r~trictiQn and limitation sh~lI b.
deemed a covenant running wnh the land and may be recorded, at Ownar, expense, In
the pubnQ -Record. of Mioml·Dade CQunty, Florida and ~hall remain In full fo,~ and
~fj.ol.nd b. binding upon the Ownar, their 11.111\, "Ucos.sora, p$TOonal (.~r"".ntatlv<l.
end as,lgM end upon all mortseg.". or le~se •• untll'euolt lima oa Ihe same may M
rel .... d III wrlling, afler approval by r.'ol"tlon p •• ""d ond aoop1ed ily the City
Camml •• I"n, after p~bllC 1160r1/19, and eXecuted 'by Ihe' City MaMaSr and City Clerk,
EXHIBIT "I"
"
'. 'OnltY-orrlu~
Pogel,
The rele ••• of the Unity (>f Tltt. t~ oonllng$n1 upon a oeB.aODn of the QQnd\tIQne ~ndlor
orllcrlll whloh ollQlnally requlrecllh~ exeovtlon tlf 1M sub)lOO\ Unity of TItle,
lExeoullon ~~ge& Followl
• • ioo. M . L Sisned. wllne .... d. execui.1:} and ~Cl\nowledged on ihl~ £:: d~y of
~,2007,
IN WITNESS WHEReOF, RRC 57~ A'Io\ln\lG, ~~C hi» OIIueed U\a~e preeenlll to
be elgned In 1\$ name 1;ly 1\11 prope~y QfII~laIB,
WITNESSES:
.! •.. _' ..... , •
Pri~~~<2k~
~~~
as:
RRC 67'" Av.~u., L~C
By: Unlvereity QI Miami, ~ Florkla not
for profit corporation, II~ eQI~
memb~r
f1fvfJY:~" 2~ "t WNam ephT~ J
Tm .. : or .Vlce Presidentlar
Bu~lna$. Md Finance
.sTATE OF FLORIDA
COUNTY 0 F NiIAMI·DADE
regains Instrument wl!\G
20Q7, by ""'a,..,u"*"e"" •• ""'e-nd .. ""F"'lna'"'nc::Q-"e, of Vnlv".lty
sol. member of RRC 57th Avenue, a
"cklno"'lew~ed pefore 1M this ~d9Y 'Of
) are per>onllily known to
$S Senior Vice President for
not fOI profF! oorporaiion. the
IImlled'lIat,Rllv ,who (Qhox:k one) J
produced
Pri~\
Bilzin Sumberg
,\ 1. /I"! ~, ','
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.
Tel 305.350.2361
h," 305.351.2250
jproclor@bilzln.com
January 13, 2015
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 57 th
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. t
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 $48,400, as
determined by U,S. Housing and Urban Development in Fiscal Year 2014. Moderate income is
defined as those earning between 80% to 120% of the annual median income. Accordingly, the
currentincome level per unit to comply with the 10% requirement is between $38,720 per year
and $58,080 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
'/ I have also attached an "Amendment to Development Agreement," recorded 011 March 25, 2010, that did not
amend the housing component of the Development Agreement.
MIAMI 4470268.1 77430127649
BILZIN SUMBERG BAENA PRICE & AXELROO LLP
1450 Brick~lI Avenue, 23rd Floor, Miami, FL 33131-3456 T<> 305.374.7580 305.374.7593
I r
f
•
•
Steven Alexander.
City of South Miami
January 13, 2015
Page 2
Agreement. As of December 31. 2014, 386 units in "Red RO(ld 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 (wlencl.)
Nazar Elwazir, Equity Residential (w/encl.)
MIAMI 4470268.1 77430/27649
BILZIN SUMBERG BAENA PRICE & AXELROD LLP