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8Soul~iami n lHE CITY OF-PLEASANT LIVING ! CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM iJ To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Agenda Item No.: _8' DATE: March 17, 2015 SUBIECT: A Resolution relating to the review and acceptance of the Annual Development Agreement Report of the RRC 57th Avenue LLC [Red Road Commonsl. 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 57thAvenue 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 with i n 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. ___ _ A Resolution relating to the review and acceptance of the Annual Development Agreement Report of the 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 57th 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 thee -)' 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 57th 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: e~ Bilzin Sumberg (j C) 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 Agreement") was recorded in the Public Records on March 25, 2010, and is attached hereto as Exhibit "8". 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 81eu (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 l!Vas 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 (j 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 ~~ BILZIN SUMBERG BAENA PRICE & AXELROD LLP (j C) 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, Securitv: 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 Corn mons 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, 0~~ 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 .., .. EXHIBIT I tlllII 111I111 1tIlltlillfiliUliti lUI 1111 j -\'----'-.A-I--'_' __ CFN 2007R032SSS6 OR Sk 25 .. "6 Pn 0052 -721 (2blS) RECGRDED 03/30/2007 15102131 HIiRIIEY RWnh CLERK !)f COURT 1'11111'11 -DIIDE CDUHTY. FLORII'IA (j This instrument prepared under the supen~ision: and when recorded re-tum to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Ivfiami. Florida 33131-2336 DEVELOPMENT AGREEMENT (Space Reserved for Clerk) This Development Agreement is made as of this a0tJ.-> day ofMavvh, 2007, by and between The City of South Miami, Florida, a municipal corporation ("City") and RRC 57'h Avenue, LLC ("Applicant"). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement 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 them until such time as this Development Agreement (_) ("Development Agreement") is released in writing as hereinafter provided; WHEREA S, Applicant owns the propeliy 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, 011 July 22, 2004 Applicant filed an application with the City to rezone the Property trom 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 Flolida Local Govemment Development Agrecment Act, set forth in sections 163.3220 -163.3243, Florida Statutes, (the "Act") provides for the execution of development agreements to insure that the law in effect at the time of the exeClltion 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 acJG1owledged, Applicant and the City hereby agree as follows: MIAMI S19310.15 7326021531 3/29/07 (J C) I) \.- 1. Permitted Uses, Densities. and Intensities. Pursuant to the provisions of Chapter 20, Land Development Regulations of the City of South Miami, the Property will be improved with the following: a. There shall be no more than 407 residential units on the Property. b. The Property 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 master site plan on file at the City, including elevations, architectural features, and estimated commercial square footage pursuant to Section 20.3-7, City Code. e. Development of the Property shall be in one (1) phase. f A building permit for development of the project must be applied for within 6 months of the date on which this final development agreement is signed, notwithstanding the provisions of LDC Section 20-3. 7(i), Expirations of PliD 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 Miam~ 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 ofa final Certificate of Use and Occupancy. c. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate $928,000 in one lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and shall include any interest or carrying cost incurred by the City until receipt of the payment. Interest calculations are indicated on attached Exhibit "B", incorporated herein by reference .. e. Traffic-Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left-tUrn, northbound entrance lane on Red Road (SW 57 Avenue) into the northernmost proposed driveway on Red Road on the Property, prior to the occupancy of any buildings on the Property. In addition, Applicant will present plans within two (2) years after the recording of this MIA.\1J 819310.15 7326021531 3129107 2 , Development Agreement to govemmentaf authorities, including the Florida Department 0 f 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 govemmental authorities, Applicant will pay for and construct the beautification improvements. f. Housing -A requirement of ten percent (l0%) of the units will rent to individuals or families in the moderate income segment of the affordable hOLlsing .group. If the residentialllnits convert to condominiums, ten percent (10%) of the units will be sold to individuals or families in the moderate income segment of the affordable hOLlsing 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. Depaliment 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. In addition, tbe Applicant shall make a payment of $1 00,000 to tbe City on or before the issuance of the first certificate of use and occupancy for the development on the Property, to be placed in a City trust fund to assist in the development of low income housing in the City's Community Redevelopment Agency area. 3. Taxes: Applicant agrees to pay aU taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the Prope11y Owner receives an exemption for paying Operating Millage Taxes ii'om Miami-Dade County, the Property Owner shall contribute an amount equal to the Operating Millage Taxes to the City of South Miami in any year that such exemption is granted. This provision shall not abrogate any of the Property Owner's rights to file appeals of Tax Assessments for the Propel1y, in accordance with the laws of Miami-Dade County. 4. Work Force: In an effort to enhance job opportunities for local Citizens, Applicant agrees to give a preference to job applicants residing in South Miami. In order to maximize the pool of applicants from South Miami, the Applicant shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, prior to or concurrent with the issuance of any (I) bids for construction work 011 the Property, (2) bids for temporary or penmment maintenance work on the Property, or (3) proposals for leasing of retail space on the Property. In regard to recruitment and employment, the Applicant shall demonstrate that it has used its best efforts to hire job applicants ii'om the City of South Miam.i, provided such candidates are qualified for the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the Property. Pa)~l1ent for the positions shall be at Applicant's sole expense and shall be commensurate with similar job levels and responsibilities in comparable industries. MIAMI 819310.15 7326021531 3/29/07 3 C) () C) ) 5, Site Plan. a, Applicant shall retain stormwater drainage runoff on site in aecordance with City regulations, ' b, Applicant shall provide on site security, As part of on site security to be provided by the Applicant, the Applicant shall monitor and keep operable the security gate to the proposed parking garage and make arrangements to assure emergency access by public safety vehicles, c, The entrance at Levante Ave, shall be signalized and approaches installed based on approval by Miami-Dade County and the State of Florida Department of 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 tum out between the hours of 7:00 A,M, and I 0:00 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 HUITyCane shuttle passenger pick-ups shall be coordinated with the City of South Miami shuttle pick-Ups to minimize traffic impacts, f. Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and the garage, The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be 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, trailic, . routing, and retail stores prior to tlnal project approval by the Environmental Review and Preservation Board (ERPB), J. Applicant shall limit on site lighting property edges to 2 foot-candles of intensity at an 18 inch height. Within six months of project completion the applicant is to provide a certified report on the mandated illumination level. k. Applic.ant is to assure that the refuse service areas shall be large enough to acc.ommodate adequate dumpsters. The final number and dimel1Sions of service MIAMI 819310,15 7326021531 3/29/07 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. L 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 pennit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. m. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and shall maintain the allocated number of spaces for each occupant. 11. 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 prior to the final approval of the Development Agreement. The dimensions and locations of tbe 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 1,00 I parking spaces [which may be reduced in accordance with Condition #5q, requiring removal of on-street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on-site street parking. s. The Applicant will commit to participate in a joint working group with the First Methodist Church of South Miami and municipal, county and state agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedesuian improvements and beautification for Red Road. Applicant will contribute the consU'uction 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 Propelty 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. MIAM[ S[9310.15 732602J;31 3/29/07 5 C) (j C) (" ) 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 shaH obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami-Dade County School Board ("School Board"), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City detem1ines will enhance the curriculum and the students' attending the subject school's educational experience. Tenus of tb.e 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. Unitv of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20-3.7(B)(l), City Code. NOW THEREFORE, the City, in consideration ofthe premises, hereby agrees as follows: 8. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the .Property shall not be the subject of a downzoning application by the City and shall not be subject to a.ny developmcnt moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depictcd in the Master Plan: N1Y failure by this Agreement to address a particular permit, condition, tem1 or restriction shall not relieve the Applicant of the necessity of complying with the law govel11ing said pel111itting requirements, conditions, terms or restrictions. 9. Impact Fees. The Prope11y shaH not be subject to any new impact fees imposed by the· City after the adoption of the Resolution approving this Development Agreement. MIAMI 819310.157326021531 3/29/07 6 10. Concurrency and Consistencv. The Applicaiion together with the Applicant's perfolTI1ance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20-4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20-4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Latld Development Regulations. Additional Requiremen.ts; 11. Term of Agreement. The provlslons of this Development Agreement shall become effective upon its recordation in the public records of Miami-Dade Cciunty, Florida, and shall continue in effect for a period often (10) years afterthe date of such recordation, after which it may be extended by mutual consent of all legal and equitable owners of the Property, and the City of South Miami upon approval at a public hearing. 12. Annual Report and Review. It shall be the responsibility of Applicant to submit . an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act. and Ordinance No. 11-05-1833. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an annnal 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 (j the tenns of the agreement. The City Commission shall review the ammal report (-) at a public meeting. If the City Commission finds, on the basis of substantial \. ' .. competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the City shall provide the Applicant with a fifteen (15) day written notice and opportunity to cure the non-compliance. The Applicant shall have 45 days after the expiration of the IS-day notice period to begin to cure the non-compliance, after which the Agreement may be revoked or modifted by the City. The obligation to submit an annual report shall conclude upon the date on which the agreement is tem1inated. 13. Modification. The provisions of this Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instmment executed by the then owners of the Property and the City. Any modifications to the Site Plan must comply with the regulations for amendment to PUD-M development contained in Chapter 20 of the City Land Development Code. 14. Enforcement. The City, its successor or assigns, and the Applicant, its successors and assigns, shall have the right to enforce the provisions of this Development Agreement. Enforcement shall be by action at law or in equity against any parties or persoils violating or attempting to violate any covenants. either to restrain violation or to recover damages or both. The prevailing palty in the action or suit shall be entitled to recover, in addition to costs and IVIIA1VI1819310.157326021531 3i19!07 7 J '.' n C) 15. 16. 17. a. 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% ofthe judgment. Inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Applicant, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during nonna1 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. Authorization to Withhold Permits aO.d Inspections. In the event the App1icant(s) is/are obligated to make payments or improvements under tbe tel111S of this Development Agreement and sllch 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 penuits 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 oc.cupancy with regard to that portion of the Property until such time this Development Agreement is complied with. Representations of the Applicant. Applicant represents to the City as follows: 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 Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shaH not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, cancded or tem1inated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. e. Applicant has the financial capacity to payor advance in the City all fees and payments as required under this Agreement. 18. Severabilitv. If any provision of this Development Agreement or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this the Development Agreement shall be MIAiv1l8J9310.J57326021531 3129107 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 App licant 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 ten11S are included without limitation as to any other items or terms which may fall within the listed category. 20. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. Applicable Laws. Jurisdiction, and Venue. This Agreement shall be govemed by and interpreted, construed, and enforced in accordance with the intemal laws of Florida without regard to principles of conflicts of law. This Agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in :Miami- Dade County, F10lida. 23. Notices. Any notices or reports required by this Agreement shall be sent to the following: For tbe City: City Manager City of South Miami 6130 Sunset Drive South Miami, FI. 33143 Copv to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, FI. 33143 MIAMI 8J 9310. J 57326021531 3/29107 9 C) (') C) 24. 25. For the Applicant: Irma Abella, Esq .. General Counsel's Office University of Miami 1320 South Dixie Highway, Suite 150 Coral Gables, F1. 33125 COpl' to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Sllite 2500 Miami, Fl. 33131 Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, telm, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrumellt. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, tem1 and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. Third Party Beneficiarv. This Agreement is exclusively for the benefit of the patiies hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the pmiies hereto. 26. Survival. Any covenant, term or provision of this Agreement which, in order to be effective, must survive the termination of this Agreement, shall survive any such tenninatio!l including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. . 27. Periods of Time. Whenever any determination is to be mad.e or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or Jegal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Agreement. This Agreement sets fOlih the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or wan-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, MIAMI 819310.157326021531 3/29107 10 discussions, negotiatIOns, possible and alleged agreements and representations, (c'\. covenants and warranties witb respect to the subject matter hereof, are waived, ) merged herein and superseded hereby. Each party affmnatively represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates tbat no evidence of any promises not contained in tbis Agreement, and the Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended ·or modified by any course of dealing, course of perfomlance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. Tllis Agreement may be executed (including by facsimile) in one or more cOlmterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been signed by both the Applicant and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in .Miami-Dade County. 31. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 32. Effectiveness. This Development Agreement shall become effective after the approval ofthe applications for rezOlling 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 tbe Applicant and the City in accordance with Paragraph #2d. If the Park donation is not established in accordanc.e 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 ;t,'1 '"" day of rv\ CtYc.V\ ,2007. MIAMI 819310.15 7326021531 3/29107 11 () ( ) "'-- (j (J J ACKNOWLEDGMENT AND ACCEPT ANCE BY CITY OF SOUTH MIAMI KNOWALL MEN BY THESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing Development A",'Teement and each and all of the terms and provisions contained therein, _________ -'-, dated and attached hereto. DATED this ;;.1 day of NI!f?C.JI. , 2007. _ 0:rE~T: \ O'cJO:- ~LERK /';1\, -") ( ,,'I 1. IJ!p{b? J~ ,Y a , . r~"t...&i: <" --'V' ~ /i Maria M. Menendez v -<1, n/! I Tbe foregoing instrument was ackn9wledged before me thisA 9-'day of ;r/wdt, 2007 by "'k{)l1J!i? !.:ffc;{;.';ky, Gft;' ilfaJ-Jll?1'" of the City of South Miami and attested to by ~. Menendez / , City CI~rk, of the City of South Miami who are ( ) personally known to me or ( ) produced a valid driver's license as identification. My Commission Expires: 3-n-decl 6 MIAMI g.;~,.If;A4ll,UJ.~JQ.Ji 7326021SJI 3128/07 Maria M. Menendez Notary Public;.-,: ", -. _ _~ , -.;-n , '1 Sign Name: \ ~')·-bc~( j-' i j16:.,,<.t!-..y~>Lj.y Print Name: '-----,/ Maria M. Menendez ~ Serial No. (None, ifblank): [NOT ARlAL SEAL) 12 IN WITNESS \VHEJ\!l0F, the undersigned party has agreed to this Development Agreement dated as ofthe~day of Ma.vt.h ,2007. \~ O~~ . .... )Y\, l RRC 57 TH Avenue, LLC, a Florida .,... . ~ A limited liability company Print Name: '-+rY'l"Cl 1'\ , i3i::l.LA-By: University of Miami, a Florida non-profit STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) corporation, its s e member I ~y: .::tAA.f ~ame: JosephllJ. Natoli Title: Senioq},ice President for Business and Finance The foregoing instrument was acknowledged before me thi~ day oiNrlltlh , 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 57 th Avenue, LLC, a Florida limited liability company. &/She is personally known to IDe or has produced a State of C···.·) ______ driver's license as identification. My Commission Expires: MIAMI 8 I 931 0.15 7326021531 3128/07 Sign Name: Print Name: m . NO A: Y ?l{Bl:J.9~. Serial No. (none, if blank): :;If.D.~g II 13 [NOTARY SEAL] NOTARY PUBLIC·STATE OF FlDR!DA ",'" .... ,., __ Melody M. Smlth ~ W ~commission#DD589811 -...'i::!fI,i' Ex1'ires: OCT. 10,2010 't.,,~,~,....., tnu ATLANTiC BOl'ol'D1NG co., INC. BONDllu Inn n C) \ j Parcel I: EXHIBIT "A" Legal Description All 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 Public Records of Miami-Dade County, Florida, less the South 475.657 feet oflhe West 100 feet, and less also the East 150 feet oftlle South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and Jess also the East 75 feet of the West 175 feet ofllie 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\IWOOD, 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 V. of the NE Y. of the SE 1;" 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 1;" of the SE Y. 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 V. of the NE V. oflhe SE 1;\; thence run West along the South line of said SE '/. of the NE V. of the SE % for a distance of 185 fcet for a Point of Beginning; thence nUl North parallel to the East line of said SE Y. of the NE % of the SE % for a distance of 150 feet; thence run West parallel to the South line of said SE V. of the NE ,;\ of the SE V. for a distance of I 00 feet; thence run parallel to the East line of said SE Y. of the NE 1;" of the SE ';" for a distance of 150 feet to the South line of said SE Y. of the NE V. of tbe SE Y<; thence run East along said South line of the SE Y. of the NE 1;" of the SE Y< for a distance of 100 feet io 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 ISO 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 J, 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 CDLll1ty, Florida, more particularly described as follows: That part of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: Begin at the Southeast corner of said Southeast Quarter of Northeast Quarter of Southeast MIAMI 1258979.1 7.1324267J I Quarter; thence run West along the Soutb line of said Southeast Quarter of Northeast Quarter of (\_ Southeast Quarter for a distance of 285 feet for POINT OF BEGJN}.;'ING; thence run North ) parallel to East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet; thence run West parallel to South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 75 feet; thence nm South parallel to tbe East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter 150 feet to tbe South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast Quarter of Northeast Qualter of Southeast Quarter for a distance of 75 feet to tbe POINT OF BEGINNING, LESS the South 25 feet for public road. MiAMI 1258979.1 7332426731 () n C) EXHIBIT "B" PROPOSED -PARK CONCURRENCY Red Road Commons On or before the issu"nce 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" governing the Project remains in full force and effect. .In addition to the Park Fee, the Applicant will pay an interest fee (the "Interest Fee") to the City for interest accruing after the City's approval of the Development Order for the Project on April 9, 2005. If the Interest Fee is paid on or before November 17,2006, said Fee is $43,173.60. If the 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 lVlay 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~~ovember 17, 2007, said Fee is $69,895.20. . . MIAl",! 1154595.1 7000060)47 APPLICATION: REQUEST; ACRES: LOCATION: NUMBER OF UNITS: MSA: ESTIMATED STUDENT POPULATION: "REVlSEO'" SCHOOL IMPACT REVIEW ANALYSIS November 16, 2004 Red Road Commons Development under the existing TODD (lv'IU-4) zoning 7.09 net aores 6600 and 6640 SW 57,h Avenue and 5757 SW 68th Street, South Miami 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) 5,3 = 0.20 Multifamily 29 students" ELEMENTARY: 13 MIDDLE: 7 SENIOR: 9 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: MIDDLE: SENIOR HIGH: Sunset 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 SI. Coral Gables Senior -450 Bird Rd. 'Based on Census 2000 Information provided by Miami-Dade County Department of Planning and Zoning, 09LioS66S0E Df.J HJf.J8'd 3.1 I S Q I C) " . '. C) The following population and facility capacity data are as reported by the Office of Information Technology, as of September 2003: STUDENT FISH DESIGN % UTILIZATION NUMBER OF % UTtUZATION POPULATION CAPACITY FISH CESIGN PORTABLE FISH DESIGN PERMANENT CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABL.E Coral Gables 758/ 467 162%1 62 14:0%/ Elementary 762' 163%' 144%' Sunset Elementary l,082i 734 147%f 208 115%1 1.086' 148%' 115%' G. W. Carver 6011 416 1440/01 66 125'101 Elementary 60S' 144%~ 126%' Ponce De Leon 1.5321 1.225 125%1 198 108%1 Middle 1.53S' 120%' 108%' Coral Gables Senior 3,6091 2.092 173%1 95 165%1 3.618' 173%' 165%' • Increased student population as a result of the proposed development Note: 1) The cumulative effect of other approved or proposed developments in the vicinity is not included as part ofthis analysis. 2) Figures above reflect the impact of the class size amendment. 3) Pursuant to the Interlocel Agreement, Coral Gables Elementary, Sunset Elementary, G. W. Carver Elementary and Coral Gables Senior High schools meet the review threshold. ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2003: sunset Elementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for Instructlol1aI purposes: Teachers required to float/travel: 09<'.,,566';08 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 51J HJlJtJld 3.1 I S hldBv''; 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 Elementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs; Lunch schedule: Non-instruction al space utilized for Instructional purposes: Teachers required to float/travel: DSl.v<;SSSDE In each classroom (PK_5!1l 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 "A" After-school tutoring Begins at 10:30 a.m. -ends at noon None Music and Art ElIHf.Jf.JtJld 3115 cO), ,'j \J (j C) 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 f>urposes: Teachers required to float/travel: Coral Gables Senior High Access to computers: Capita! Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch SChedule: Non-instructiona! space utilized for Instructional purposes: Teachers required to float'travel: 091.i>SSSSOE In each classroom. in special computer labs and Media Center Classrooms, ArtiMusic Suites and Science Labs "B" schoel Magnet programs and Community 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 EJf.J I f.JI-Hnd 3.LI S Wd8i>'S V002 vI oea .. ~ . OR BK 25496 PG 0072 LAST PAGE PLANNED RELIEF SCHOOLS IN THE AREA (information as of November 2004); SchOOl Coral Gables Senior High School 83C-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 factors', capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY MIDDLE SENIOR 13 x $ 13,452 = $174,876 7 x $ 15,423 = $107,961 9 x $ 20,409 = $183.681 Total Potentiar 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. OSL-I-S65S0E: 5f.JHJf.JlJ'd 31.15 hldS-l-:S tOO2: lot C) C) (j C) ( \ \J I rllllllllllllllllllli 11111111111111111111111 CFN 2010R0201072 EXHIBIT I \\ 5" OR Bk 27227 PS5 1492 -H98l Upss) RECORDED 03125/2010 09:49:51 HARVEY RUVIN, 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 17"[( day of ~, 2010, by and between The City of South Miami, . Florida, a municipal. corporation("City")andRRC 57'11 Avenue, LLC ("Applicant"), WHEREAS, Applicant owns the property in the City, in Miami-Dade County, Florida, legally described on Exhibit "A", also k.l1own as 6600-6640 S,W. 57 Avenue and 5757 SW 68 Street (the "Property"), and VfHEREAS, 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 WHEREAS, in May, 2007 and September, 2009 the Applicant received approval of minor modifications to the development plan for the Property; and WHEREAS, these minor plan modifications did not change the responsibilities and cotrunitments 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/Twp/Rge: 25-54-40 M1AM12001026.57743027649 3/23/10 ['\ . '\ NOJ~ THEREFORE, the Development Agreement is hereby amended as follows: 1. Addition to Section i. g. The extent of retail. office and restaurant uses shall not exceed. and be limited bv. the capacity of provided parkin!!'. The development shall comply.with the parkin!! reauirements in the Land Development Code Section 20-4.4iB) for all retail. office and restaurant uses. 2, Addition to Section 5. 3. r. Applicant shall provide l,OOl parking spaces [which may be reduced in accordance with Condition #5 g, requiring removal of on-street parking on SW 66 Street]. through a combination of parking garage, a small surface lot, and on-sile street parking,' • 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 INal of 67 suaces remain for retail/office/restaurant uses. Amendment to Section 23. For the Applicant: Irma Abella, ESE!. ~~ffioo UniYersity sf Miami 13~g SaHib Dillie Hi2hwa,'. SHHe lSQ ~al Cables. FL 33123 RRC 57'h Avenue, LLC Mr. Jav Jacobson. Director Wood Partners 2600 North Military Trail, Suite 100 Boca Raton. FI 33431 MIAM120011l26.5 774)027649 218 11 () 2 c) (j (J ) 4. Within 20 davs 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 a.'1d 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 cooy within 20 days nullities the validity of the Amendment to Development Acreement. IN WVNESS WHEREOF, t'lese presents have been executed this ;Jfq,ycJ:. ,2010. 17 .fi. day of MIAMI 2001026.5 7743021649 218iiO (SIGNATURE PAGES TO FOLLOW] 3 ACKNOWLEDGMENT A-1\il) ACCEPTANCE BY CITY OF SOUTH MV\l\fI K~IOW ALL MEN BY TrfESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing amendment to the Development Agreement and each and all of the terms and provisions contained therein, ________ ----', dated and attached hereto. DATED this llih. day of nw-JrJ ,2010. STATE OFJ\CY_i _~_ .... __ _ ) ) SS ) CITY OJfpU'Pf MIAMI BY:_...,1Q(~:.......V~......:c_-"=-_____ _ Roger M. Carlton Acting City Manager The foregoing instrument wa~ acknowledged before me this n~ day of trw , 2010 by -Rt?:}< \\·C!JI~. , Ci+-t~~ of the City of South Miam~nd attested to by ~; c.. 11.~_, City Clerk, of t e City of South MIamI who are ( ) personally known to me or ( ) prodllced a valid driver's license as identification. Notary Public:e.-. ~-'-_________ _ Sign Name:-IW"""'()~c--_"",,_-:-___ _ Print Name: ac IJ 1;g1ll\< =ibJ¥-\.I i My Commission Expires: ~ __ """""--~~~"""iil ~\ .t<.~";~'" NK8~GAA,PAYNE ,~'/,,~, MVCOMMISSloN#DDllml '0. (None, ifblank): .1';'·,.~·~1 EXP!RES: OClober 5, 2Q11 [NOTARIAL SEAL) '1.i:Of~~t.· B\ll\(L"d ThrJ NO\$)' Pooli\: Lln\l9rwn1el1l '"",u' M l,<-\l\'1! 2001 02{j-S 7743027649 2iSi!O 4 () () n ( ) "---- IN WITNESS Wij,li<REOF, the undersigned party has agreed to this Development Agreement dated as of the Ii-day of~ ,2010. STATEOFFLORIDA ) )~: CO\.J"NTY OF MI.'.MI-DADE) .Jf~\y>.~ ----The .foregoing -instrument was acknowledged before me this:B= da)'ofhl::..:~~ 2009, by Jay S. Jacobson, Vice President of Wood Red R~ommons,·ng Partner of RRC sih Avenue, LLC, a Florida limited liability compan iShe is p onally own to me or has prOd\lced a State of driver . ~ense as identification. _. ~ My Commission Expires: MiAMt 2001026.5 7743027649 2/8/10 Sign Narn;:e::..: 3;#~~~~~~2-~ Print N e: Serial No. (none, ifbJank): ____________ _ [NOTARY SEAL] 5 Parcell: EXHIBIT "A" Legal Description All 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 Public Records of Miami-Dade County, Florida, less the South 475.657 feet of the West I 00 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 ofthe South 125 feet of said Tract. Parcel 2: The East 75 feet of the West 175 feet of the South 125 feet of Tra.ct 1, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami-Dade County, Florida. Parcel 3: The North 132 feet of the SE ~ of the NE % of the SE ~ of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE ~ of the NE ~ of the SE '/' of Section 25, Township 54 South, Range 40 East. Parcel A:' ....... .... .. .... .... '.. """i;,n ... ' ...... ...... . .. . .... . I " " , . That part of the SE '/' of the NE ~ of the SE.Va /l;rS'ection 25, Township 54 South, Range 40 East, described as follows: Begin at the SE comer of said SE ~ of the NE % of the SE %; thence run West along the South line of said SE ~ of the NE % of the SE ~ for a distance of 185 feet for a Point of Beginning; thence run North parallel to the East line of said SE ~ of the NE ~ of the SE % for a distance of 150 feet; thence run West parallel to the South line of said SE '/. of the NE '/, of the SE '/, for a distance of 100 feet; thence run parallel to the East line of said SE ~ of the NE ~ of the SE % for a distance of 150 feet to the South line of said SE ~ of the NE % of the SE %; thence run East along said South line of the SE % of the NE \4 of the SE '/' 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 recDfded 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 Book35, at Page 72, of thitpDHc Records of Miami-Dade County, Florida, more partIcularly descnbed 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, descIibed as follows: Begin at the Southeast comer of said Southeast Quarter of Northeast Quarter of Southeast MIAMI 2001 026.5 7743027649 3/911 0 6 () .,' , (j C) ) 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 QUru:!1ilF of:1~j)rtheast Quarter of Southeast Quarter 150 feet; thence run West parallel to South line of, saj,(\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. MIAMI 2001026.5 7743027649 3/9il 0 : '-'a " '";":"" 7 EXHIBIT I \\ C II CERTIFICATE OF OCCUPANCY 4659 6. Buslne.sgorTradeNal1",e(ifany) ----,.,c:;---:--------------'--' 7. Amonnt of foe; paid wiIn this application.$ --"i 7,,16:2-"-",,' "",,0'-__________ -,--,-;-' S. Odler ptmmtsMld license;: .ll.ppUw Cor.w obtained: _____ ~ ___ ,,_:__---'-_ mCl:GrlIll Permit No. Of., ;q f{ "Building Permit No. Of... /1'1 Plumbing. Pennill'\'o. 1iR~ '!pg OF· ~.7 ls&ued (date)_-,-,'P~'-I-__ r C) C) \ ) -. CERTlFJCATl> OF OCCUPANCY N£ ~ (,.1ty Or SOtJTH UIAMI. Fl....oRID .... 1. Nanu::.ofownt:r in c. 21,4116 ("'(,,0 4650 --. 2.A~ -'Z-k(){j rJ n1;1i~"::l "'le" 5',11J.1 Iff) J}r+ f&.1m oR.. ?;,;q7.1 '3. Nam:;:ofOccupac: ~1 itMJ tQrYM1fJ& . 1 4. AddI<ssor l""P"'Yreo:ivingc.o. b&3V 5,,; 57 "ve: B,",(;r~ R 5. TypeofOse tk,[knl'!Cl\ 6. B.usines:sncTtade N~rne(if:rn.y) _____ .,--: __ ~~ _________ .:..:.: 7. ATOO'Dni of fee paid Wilh this appJicaUQ!l $ ..1,J>-'z<:5;;,O".J;pO>L ____________ -""'- 8. Othu permit~ e.nd Jicen~ applied for or obtained: ----------;-;-:-r-:---..",,.::. EleclIla.l Permil No. _-:!O~ta:·::J1~911f!-----Dot, _.L1Z!4!lJlI5JlJQ"qL-__ _ Uuildlng Peqn;,t No. _-"()f-':':"Uc.S<-_____ o.u. __ P-"'!t{'''"f!(i§-''!-___ - Phlmt-ing Pennil1'l'o. __ &.~i-;;_']~:i-C1_;_----Z D?~ r;'k4 C) Cj CERITFlC.'<TE OF OCCUPANCY 4661.· 6. :Busines$<:lrTmde N2the(ifa.'lY) ~:~~~~~~=======~~===~~ 7. Amount o-fie;: paid with thls upplic;lItion $ i) lisa.DD 8. Other pennit." aut! Ut.!:')$eIO applied far or ootaille.d: Elecfri!:ll Pmnit No. _--"cr~·"4,,.l2.:4L ___ _ Buikli!.lg Permit No. _--,V=;.r~·~I,:,lJj"7-___ _ Piumb41lg Permit Nf.I. [t~ 9IFS oh,b5 0." ~h ~ / J I \.. tssued (dll'lC)_lliIC£lFl-__ _ ck., tfl ) (j • CERTmCATE OF OCCUJ.'ANCY 4662 CiTY OF SOtoTH ML.a.Mf. FLORIDA L. N.me of """" £a!', 5~ /jIJ!O t-Lf, 2.Add~ 2i»ID rV M~I;~M~ Tc $,,;k. 1M &u I.t..hM t:t. tiV:U 3. Na'ItCofOccopani gerl Kl!(/,() CmY lUlln5 4. A.ddll:ssofpropeliyn~cei"ingc.O. &("nfJ S!.l~ 7'/ ;At$" Bvi Uj~ 1) 5. Type of Use i.c5idtfl.ffasl 6. B1.l8tacss or Tmde Name ,if any) 7. A!t¥)unt of fee paid willi [his ~(JplicatiO",.:; .. ~'~~II~Q~ilQ~.~Q~.=======::===:== 8. Olher permit!> and lict'.!'l.<':s I/,pplied. t'or 01 Biectria! Pennit No. _.....l~~L.. ___ _ Bwldi.ng Pet.!Ilit No- Plumbll1g,H:rmil No, C) ("J 6 ~ Cl!.ln1FlCATE OFOCCUI'ANCY CI1Y Of SOUTH MUo.:MI, FLORlDA J. Name of ownec {l n.c 6'7 AvE & L-C 1.Add= 'Mil IV If; !;ill,,! If s,; t? /1111 Jl,,@ &4-, J:k ;z5VilI 3. Name of OccupanI j'lP4.li.v:d fm.,.,oM@+1S '_"ddressorproport,_,i'gC.O_. (.laM lui 9t &!k f1;Jdi"f) r 5. T}~Q!Use fkGdtt}~a I 4663·",- 6. BminessorTTa&:N'~{ihny) ________________ _ .. :-. () C) n ---------- C) CERTIFICATE OF OCCUPANCY CITY Of SOUTH. MIA)I,{l. R..oruDA LNa.-neOfoorlKt ltrlf' 5fl AVa uc,. 2Add~ 2lM tJ. ~f;r~;4~ "fr. 5°,t{ irJC 8rrn 4fm r R.. -?it/.:1.j 3.NameofOcc!lpam !lrrJ flpr,d Cdnul'lQI'lS 4_Addmoofpropony,ecci''''.gC.O_ lib¥! fui $jA<e [,; //;.,3 p 5.l)-peofUse ftesidtllfiel. 4664 6. Busine$ or Trade. i'ianl~ (if <illY) ----,::-:--;:--c,.--------------'-'-""" 7. Amoaot offec paid wllh ihh l:Ipplicmicn S _"'l,D'-'iI"O,,--".'L ____________ ~ S.Otherpccmils:wd.Jwc-f1S<:lIllPpliedf.ororobtsineO: __________ ~~---''- Ekt:l.I'ial Permit N~'I. _..!a",!,j'!c:-"l{"q,,~,-___ ~ Buitdl:'!g PeinUt No. _-!!D~f::JI~{[( .. " ____ _ Plumbing PermitN"o. 0$-96lj Mechancial llernili:No &~ ~(,.Z ~e-~~~-----c-n,\< _...fl;m:U1.!J'-__ _ =~:zmll.l!:1--- io.Appfi,cati.oncpjitTO'"':''''':'~_ ;i;~~~~~~~~~~~JAt~~~~~"i-== ! 1. Use approv~: _ CEl<UF1CATE OF OCCUP.~NCY 4565 6. Business otTrade NalDt'! {\r!l.oy) _____ = ______________ " ... ~. 7. A.raoulli (If fee paid with Itu. .. ;application S _J;1;?"5""f)...L1",,O _____________ _ 8. Othef FnTlits Md ll~ applied foc()t ob!a1ned: _______________ -,- Elo::uicl Pcrm1.( No_ Q&-h,fJ,1. Building f'tlanttNo. _....JO'"."',:..I"t:-::,;;--__ _ Plumbing Permit No. D,,,, _______ _ »'" ----.-,---~­ n"", . ..--=!'~~ __ C) (j "--_/ (j " C) ) EXHIBIT j "D II Jflrt)' B. PrOli-tDh 2111q. 1~1 306.35(},2.261 f~'Ui ~Oo.3e\ .2260 jpre~IQl$blJ;ln.Gf.)m Oecember 4, 2009 YI. Hand pellvery Mr, Thoma, V~gallne Planning and 7"oninij DireQt()r Olty Qf South Miami 61 $0 I>UflS\tt Orlv~ Soulh Miami, I'L S314~ ReI: D~velQPment Agreement "Red Road Commons" Projecl Dear Mr. YagBllne~ Thank you 101 me&ting Vilth the development ~nal management t.elYl from Wood Partners on Monday. November 16 to dltCLl~S the Dev~lopment Ai;I~emenl for "Red Rood Commons". 'Tille response will address \1\. permitted and required Ileme in the Development Agreement, end Ina current status. Please note; 1, PermJtt~a Uq.s. Oensftl"" <lna fnienlltttiem, Q ftem la.) The Properly Via' d.veloped with a \9tal of 404 units a~ GhQwn Qh th~ apprQV~d p~rmlt drowtng oa\. a Item (b.)The Property was developed with appro~lmatl)ly 10,000 piUS sq ft of ret.1I sp~c. and a Lea$lng Oflloo located in Building!; as shown on approved p~nnl\ drawln9 sat. o ftam (0.) The Proper\)' was developed with a maximum of 5 $tol'i~' In height as shown on approved permit drawing se\. Q lIam (d.) The Property was developed In .ubat.ntl~1 acoordaflC(! with the adopted mastsr sita plan on fiI. at the City, Inoludlng elevations. architectural tG9\L1re. and I/TIl6 ProJijOl Jo::atlon wlllt;;w (<1 ~s tM 11)lJ'OPllrty" Ul this repc.lt\. and tile Propel'lY OWJlij-T. M.e 5711> A Vl;)nU~l Ll~C. will b\'l referred tQ (lS "Men. A~atlvnc.nts to ,lila t~t"(Qj ftrl} lI1a~k\ld ~Q ~Q\':N$po.ud wit.h Ch~ lt~m 'l\umbef3 listed in1he lettoT. 1 hllVIIIl.lsO atlachccl d copy of the Jewrded lJevelopmMt AIP'Oemenl, EXHIBIT liD" 3n .. ZIN ,sUMBEme ~A,eHA ~RIOIS fc AXt!I,ROO t.H' 20Q a. OlsQSYM e,ouh~vAtd,liVlll) 2~OD. Millmi, F\. 3S131·531tQ Tal )Oa • .!I74.7fi60 Fax ~()j),~'1!.75\13 ~·I.~ •. I)!\;:lr.l::"\', " Mr. Thorne! VlllJellne Cllyor South MI.",I DIiCMlb.r 4, ~OO~ PIlfI.2 estimated square ·1001ages purouant 10 Section 20,3-7, Olty Code. The City Manager approved minor modlfloatlons to the aile plan In Z007, prior to development of the Property, and ·In 2009 to aocommodate the placement of bl~yole r~cks on Ihe property, o item (e,) The Prope~y was davelop~d in one Phase. o flem (f.) RRC applied lor. bullcHnQ permit within si~ (6) m(>nth. 01 exeoution 01 the Development Agreement. 2, Public Facilities: o Item (a.) Waler and Sewer a$bullts W$re leaued to Jose Olivo, public Works Oapt., on Wednesday November 1 e~, 200e. (Ttanemltlel aHaohed). SW 66 ~nc;l SW ee streot Drainage Bsbuitt. were issued on November 20'", 200~. (Tranomlttal Q\taoh~Q) o rtGm (b.) Atlacholl I. the Bgreement b~!ween Red Road Common. and All Sarvlce2 from Dad. County, Inoludlng $.rvloo frequency and p.rmi~11l9. o ilem (e.) Dr~lh.ge seNtees were oonstructed as per appro\lll(! permll drawings and inspected by the City of $outh MiamI. '" 110m (d.) Payment In the amount of $ge7,895,20 Was made tD the Olty 0\ South Miami. A copy of the oheck is atlMhM, o lIam (e,) FOOT plans, permits and rewrd of final Inspections from ~DOr .nd MOe W.r~ Issued \0 Jose OliVo, PUblic WQrks D~pl" on November 19·, 2009. (Trensn,IUal.ttached) o lIem (I.) A compliance report will be &vbmR\ed to Ihe Interim City Manegwr In Janu~ry, 2010 U required by Ih. D~v$lopmf)nt Agreement. TM Initial $100,000 payment to the Clly was made (copy of Qh.o~ affaohad). 3, T~xos; No tax exemptions he. been flied, Texes have and win be paid as requlre(j, 4, Work force: ,A complianoe repDrl will be submitted to the Intarim City Manager in Janosf)', 2010 as required by the Development AQreement. S. SII. Plan: o Item (a.) Attached I. a oOPY of the FDEP agency permll with reoords olln.pe~tion. o item (b.) f\Re has secured eit building entranoe., eley~ora and gates with FOB key and transponder. issued \0 all re.ldents, Coordination of .mer9~~OY vel1lclQs h.s also been \aken •• riou.ly, RRO h~s met with tha City. of. South Miami Police r I I C) c) ,j Mr, Thoma. Vagellne City of South MI~1n1 ,: Decomber 4. ~O~9 Pogo $ , Dept and Iss\JlId 50 fOe keys and Tran,ponilers whlc~ all th~lr on duty officers anti vehicles will oarry In oase of any emerganales. (See attaohed spreadsheet and communloatlon). Ad~ltlon~lly, RRO h~. mel· w~h Pacie County Fire Department and addrtoSSed etne~ency team acce •• by Instamng Knox Box •• In all gares snd SupraMax Rapid Response Systems boxes In ell points of entry to the bIJlldif1QB, "~I~lng appropriate slgn~ge (see attaGhed .Ign examples), The RRC Loa.lng office 1& ready to respond to any emergel10Y during working hours from Monday thr-ough Saturday am! haD part tlmt jlollce officers and the maintanerlOe manager living on Ihe premises which all) ready to re~pond to any eft.,r ho",r emolllenclee. ,,'ltam (0.) D~velopmen\ attaohments were Issued to Jose onvo, Publlg WorM Depl., u~~$r Item number 2(~), . o Item (d.) The Property waG developed wllh ,onlrol ,,000.& G$ISS •• shown on .. , "approved ,parmn drawi1l9s ..• heel.C5J., (Arohllectural blow up InclUded ler clarlly) o Items (e,) Reoard plan shoet drawing C5.1 rev. 20 was issued to Jos. Olivo, Public Works Dept.. on November 19", 2009, (Trel1smltla! a\tMhed). o Item. (I.) Record pl$n she.la per CIIy-approved rovlslon 18 including emell daled Oclober 10''', 200a QOl'lfirmln~ LMdMepe lay-oul and addtfionD were iss(led 10 Jose Olivo, PubUo Works Dept., on Novemoer 19~. 2009. (Trarwmlttal aMched) o I//!m (g.) A six (e) ft tall CSS well wa' con.tructed par city ",pproved plans r6vf~ion >112, o /t&m (ho) Atlooh.d 15 • Iotl~r from \.aramar Communities,. LLC (Asst>! Oompany) With e brl.f summary of how amploy~e parking I. assigned and enforoed. Additionally please iee atiMhed dOQUmentQtlon from Heel<>f Rebl, Clly of SOlflh Miami, eMwlng all approved oOQupatlonallioenae numbers. o Item (/.) Mselor Signage we~ provlcled and approved by Ihe City of South Miami. o /fem (J,) A 3" party llghtins consultant has been hired and a flnol report will be leeued within 3D working d'ye, o /l&m .(k,) Refllse. areas have been ·construcled 10 aocommodate ad.~U~M dumpslers, Drawlng$ h,lYe be"n approved by "RPB and constructed as suell, All Services (solid waste company) Is functioning efflclenlly and with no complaints. o ItGm (I.) No FOOT Maintenance Bond was required. A lett"r from DevlclPlummar S. Assoclal •• was issued to Jose Olivo, Public Worl\S Dep!., on November· 19>, 200$. (T'snsmiltal atiached under 11~1n 1128) MIAM1~~DIO~M mlO?1""9 121<109 0: 6Il.ZIN.SUMIllHiO I.lAE.NA PfllC(! a AXt:L'RDD LLP , " Mr, Thomsi Vegellne CIty or Soulh Miami' r·~t.9mber4j 2009; '.' : . ~ P'g.4 o lIem 1m,) Retail establishment parking haa Deen approved sa shown on Permit plan eel eheet E·A3,01 revision 14. The allocated nl,lmb~r of apaoes will be malnlelned e. requkad b)ll..aramar Communlt; ••• I.LO. o lI~m In.) Sidewalks hQ\/e been Installed per Ihe adoplW sltspl9RS. o /tl'm (0.) rho PaellO on the 'North ~ide has bean oonstr~et.d has per the approved, amended SlIe Plan. o "em (P.) Olvll drswinga 05.1 (rev 20) a!taahed ahows a lotal of'$I.oadlne Zones all apprOVed by Ih. Ctly of SO~U1 Mllilml. o /lam (q.) On·Slreet parKing 011 SW 66 Street wee eliminated by the Olty. Flnel oonstruct\en was bult per approved C~y of South Miami Pel11llt drawings. o Item Ir.) There are now 951> parking spaces serving the development. This total was mUlled by CUy staff and the City Commission 8S part of the mosi reoenl minor plan modlfioation spproval and • .uba.~uent ordinan<X1 adopt~d by the City Comml~&lon on November 17, 2009. o ftem (s.) A laHer from David Plummor 8. Associates wa. Issued to Jose Olivo, Plibllo Works nepl., on Novembar 19~, 2009. (Tran"m~t.1 attaohed unQ.r Item 1128) o Itorn (t.) City of South Mlsml will monllor from time to time on a complaint driven \)asls. This requirement cam. abo"t because of , rooflop poollreor.ational d •• ign on top of 'the par«ing garage In the original development ueaign and noise oonoerns aboullhls ~rrangement by Olty stalf. This design was modified by RRO, ano r~Ore$tlonal .p.o~ I. now IOO$le(.\ Inside pui\oings o /tam (u.) On March 27, 2006 a oontlMt WS$ executed between Coaetal Construotion and Denison Parking at Sh~p. at Sunset for a lo\~1 of ~ 00 parking apaesB and later exp~n<Jlng 10 ~ total of 170 spaces 10 acoommodate addllional Oon&lructlon vehicles. e. SChpP/III The attached $34,800 payment was made to the Soohool Board In 2007. 1. Unity of Trtle: A Unity aITltie lor the Property was reoorded In 2007. A copy Is attaohed. MIAM12QOI04a,) 7149011649 IU4/Q9 (J ) " " () II .11 Mr, Th9mftO V.g.llne Oily of South Miami' [)$coml>or 4, 2Qoli PO", 5 Th~nk you for your coo~ration, If you have any qu~~tion&, plesee slve me a call, Sincerely, JBP; Id 0: R DGer Carlton, Aotlns City M~na9~r Jay Jaoob.on Rolando Jaime MlAMI ,001048,)1')'301,7649 I~WOO ~ B1LliN SUMSE.RG I3AE'NA PRice &. AXIZLI'IOO I..t.P A?5::::;~ EXHIBIT I "E." C) P~II of - png. lor I I ~."'-"-', I -., I" • . " , • ,J-; 11 ! (J EXHIBIT"E" I,,) Paid By RRC 57 AVE LLC/RED ROAD COMMONS icate public_user 02/05J2015 Miami~Dade County, Florida Paid 11124/2014 Receipt # FPPU09-15-001433 $1,042,491.78 2014 Real Estate Property Taxes otice of Ad Valorem Tax and Non-Ad Valorem Assessments MaiIJOs Address RRC 7TH AVENUE LLC PO BOX 87407 CHICAGO,IL 60680 Property Address 6600 SW 57 AVE ----------------- AD VALOREM TAXES Exemptions: RII["_I_~'a~~~ Mjami~Dade School Board School Board Operatinq 57,100,000 7.77500 57,100,000 443,952.50 School Board Debt Service 57,100,000 0.19900 57,100,000 11,362.90 Stale and Other Florida Inland NaviQation Dist 48,081,181 0.03450 48,081,181 1,658.80 South Florida Water MQmt Dis! 4M81 ,181 0.15770 48,081,181 7,582.40 Okeechobee Basin 48,081,181 0.17170 48,081,181 8,255.54 Everqlades Construction Proj 48,081,181 0.05480 48,081,181 2,634.85 Childrens Trust Authority 48,081,181 0.50000 48,081,181 24,040.59 Miami-Dade County County Wide Operatinq 48,081,181 4.66690 48,081,181 224,390.06 County Wide Debt Service 48,081,181 0.45000 48,081,181 21,636.53 Library District 48,081,181 0.28400 48,081,181 13,655.06 Fire Rescue Operatinq 48,081,181 2.42070 48,081,181 116,390.11 Fire Rescue Debt SelVice 48,081,181 0.01140 48,081,181 548.13 Municipal GoverninQ Board South Miami Operatinq 48,081,181 4.36390 48,081,181 209,821.47 C) 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 Si50FT & N132FT OF RRC 57TH AVEN UE LLC PO BOX 87407 CHICAGO, IL 60680 1" RETAIN FOR YOUR RECORDS .,. .. DETACH HERE AND RETURN THIS PORTION WITH YOUR 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 If Paid By Please Pay Nov 30, 2014. $0.00 Mail payments to: )iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ 200 NW2nd Avenue, Miami, FL 33128 1000000000000000000940250260010201400000000000000000000007 ., EXHIBIT I \' G /I nited Methodist lO%1UIllJl23, ~1)()8 Mr, Ju!IODl'orez 111~ Ill><I :WnllllllJuO<>1oI OIly Qrs.~Ol M.\1I/lIl mos~tPriv~ Somh MJmnl, Florlde '31~3 .. ,,,, . " .... ",".~,'" " .. ",,-,,' full RedlWac! Coll)TllOIl.! Proport:til'tojeot SW CoIl1bl' e(Rc<\d Rond and B. W. 60' Str""t. South'Mill/lll P..,./IllI .. , , To t\Ufilllht requlre=I' of Ilie Pevelopmenl/1grtelllOlJl for \he Red Rond Commo,," project, Fjn;1l.Mted Melhodm Chili •• of South 'Mil\llll """ wQd:¢d with ret~ ••• ol.~ve; of I\cl 'RoLl<l Co"""o,,,, acd , ... hed IIl1d .greem •• l O~ Ill. attaohe<! roadw.y \Jl)jltOVelIlents \<l Red Roed be1w~ the Churoh propcny "0 the deve!oplU.ot p"1QlI\, The developer J)n; oOlnntiUed to there imrn'OV<ll1Oll\! ~long ltc:d R",.d, .1 Ibelr •• pens<:, for thelllUhlr ""d betteJlJJOllI Qf1he oo,"""UliIy ",,4 ow OQDIl"ll"ii'" A""",lllnsly, Firsl United Metho<lllJl Churob .rs<mtb Mlam! I. ple.sed to ,odors. fbl'$eimprovemOllIS, oDd VL"Ui'1h1l1 (be oevel'pcr ... mOll the .plli\ and MlAl, .ftho AgtOeml)l!I berw~." punl .. giVe.tl ~'Q\ lb. OQlIlplotiop of the project will ental! •• oll of tl» l\~ Ql>lonW, )1l001< U .. d,velopc" end lb. 011)' of SQ~u, Mi.aIi tot Ill. $plrl\ of .QQp"'f'~on, whlob \\l)\Ioubt.odly willl~1o, bllttet OOnlmunJl)I. l'l .... f .. ll'ree \0 conlBllt m.'hould \III} n..o .lill\l, Sioceroly, .~ ~L~:: ~ Flrsl United Methodlst C1,"reh~f Soulb Mi1lmi ~: Mltyor flo",!>: Q. ,di1l, Oily ofSQ\Ilh Miomi !olT)'B,l'rooror,ll",. Alo1!i, StIlwell, Cbalr, 'l'ru,I...mit>l UM.C of S<1Uth MiIlIlll ViCIQ,Dov!!l' EXHIBIT "Gil C) n " I , C) :) ,~ • j ," '1 : " . • R@ ROAD COMMOIi§ Red Road Improvemente 1. ':." Pueh"buitcn"alipedestliiin';' cros6walk's!9n'iii'pYie;ss on Red Road at I.evante Avenue. 2. Betler &treel striping -p&destrlan r;rosswelk between Church end project. ' 3, Better pedestrian signals with countdown features. 4. New pede~trlan ramps .' Levante Avenue and Red Ro1ld. Improved smely, better hsndlo~pped eC08$slblllty, 6. ShOrter pedestrian crosslngdislanoe. 6. Additional curbil1gls1dowalk erea on east side of R&d Road at LeYante Avenue. 7. Landscaped Median on'Red Road between US 1 al1d Ponce de Loon Boulevard. " EXHIBIT I"H" " , ~g Hood pe1lvary Ms, C'rln~ ~,C/Uij.rO$. P •• lntl •• PlanninQ, Mi,fni,Oad. County SohQoll:\oara 1~SO NE 2 ""'noo, Sullo 52~ Mloml, f113j~O Re: lIR.o&d Rm~d Commons~ Development . JIIny P!"tMat;;U.c;. 1d Ki&.IJ«I,m:1 F~l ~!XI.u'j.;at.Q ~@b!!JIII,*'I f'ropar\y: 6~OO .n~ 6640 f1W 51 "''''"U" and ~51 ew 6i SIr..ot. CI~ of SOUth Miami Door·M., Eoquljol'Otlo: PUrGuant \0 CIIUIIG' 6 In 1M ~\1.al:;hed Oswlopment Agreamen\ for (he "Reo RoM Comm~.m~\' I1tvalopf£lM\, enclo(l~d. pl$lttC f1n~ $ otIl>~ to the Mlaml-Oade Ctlunt)' School Boa'" In Iha .mount of $$~,OOQ,OO, PI, .. , eon1lm1 In WrlllnQ m,llIlll paymonl .otl.n •• lho coM"Ioo of th~ Oc.veloproont Agreemenlllnd ~I'ly bU\\91119 pOfl1'l1l r{lqulr~rnunl~ tJf 'the 6001:101 Soard on' \hIs mlSltier, Th.nk you fer you' coop.rull,n, JI.lP:iO 00: Jay Jaoob."" (wl.n~,) Tla Jell". {wlantl,} Man Por •• , Oily of South Miami (wl.nor,) EXHIBIT "H" c ~ r o n " .J. ;: . . . () ) " t EXHIBIT I "1 II " , I 'flI1. Il1IilNmenl P"'par~ by: Jen')' B. Pc","'" B$q. llil;r.;" S\ll1)l)org ll .. tIII l'rioe& Axelrod l..!.P zoo South 81s09)'110 BOulevlUll. Suil' 2500 Mh"l1l, 1'lorlda 3313\·5340 --------------ISp ... R ... I"/.~!.rCI'II..rCo.n) UNITY OF TIT~1t This Unity of Tttle mad~ pnd exepuled Ihl. ~d$y of M!!!:l!o, 2007. by RRC 67'" Avenue, LLC, a florida limitooliablllty'ccmpany. , WHEREAS. 1M UndaretgMi;lls the Own"r of that property d~.orlbed as: 6600.(l64Q SW 57 Avenue and ~767 fiMI 8a $tr~t Folio No.: O~""i021i·O~e-0010 Folio No.; 09-4026-026.01)60 Folio 1'10.: 0a-4026'()26..j)020 Falla No.: i)e-4025·026-o0~O Legal Description: Se. ~xhihlt "A" ~tt'Qhed ~nd made Q pon h.",<>I. Owner re<><>golZies and .cKnowledges Ihal for the pUblic health. welfare, safely or morals, lbo h~",ln.j)escrjbe~ PlOP-fly ~hQulo nOI be divided Inl0 •• p.r.t~ p.rQ.I~ owned by several owoor. eo long as the s.me I. pen 10 the h~r.ln.f1er ~ •• , and In oonlldera\ion of $10,00 and for oth~r 900~ and valua\)le oon.ldereliQn, Owner hereby tlQraee \0 reslrlct Ihs ~.e of Ih0 evbJee\ properly In Ihe following manner: ThaI •• i~ property shell oe oon.ld.rod os one plol, snd psrQlli of land and Ihel n~ portion o( .al~ plol a"p parool oll.nd sholl be sold, transferred. davlsed or 8."9nod separately. excepl In lis ,mUrely as QIle plat 01 parcel of land, OWner further lI\Ireas Ihel Ihl. 000<:1 Ilion. r~lrictiQn end limitation shall be deemed a covenant r~nnlng with lhe land and may b. retortled. at Owne~$ e~pon9 •• In Ihe Publlo -Rocord$ of MIM1I·Dade Co~nly. Plorid. and ~hall rem.in In fuil IOlC<'! and .fiecl .no b. binding upon tho Owner. Ih.lr h.I!'1l. ouoO$OO"" person.1 re~r<l'l.nt.tlv", and a~'19n. and upon "II mort9~9.e. or I~ •• o •• unill'suah time ., Ihe ~aJl1e n',ay be rel •• ~ed III wril1ng. afler approva' by resQIIltlon paswd and adopted by the <;lly Commls.lon, after p~bllc hearlll9, ar,d execuled 'by the' Cny Manager and CIIy Clerk, EXHIBIT "." C) n C) 'UnitY -orrlll~ PegeZ Tho releBse of the Uplly Of TIt1a Ie 000\ln9$nl upon. 0.'68110n of the OQndlt\ons Bnd/or orlterla whloh originally required the exeoutlon of thuubll><l\ Unity of TItle, \Exaoullon Psg6& Followl . Unl~ otTilie P"g~, . . . ... M_.l. Sl~ned, wllne$S<ld, execu\eQ and ~c~nowlerlged on thle c2:!:: <I~y of ~,2007, IN WITNESS WHEREOF, RRC 57~ A'IIlnve, ~~O hM ceu.~d U\8~e ~reGent# to b~ Ilgned 111 118 name by II, property omelala, WITNESSES: ~, .. _ ...... ,.. , $TATE OF FLORIDA $$: By: University 01 MiamI, a FlorKla nol for profit corporation, II~ oole member rp " ~ ~ ay: I ~ I!.. Nam eph T, ail)( J' Tms: ~hlo' .vlce P resident for Business cod Flnanoe OOUNTY OF MIAMI-DADE ) ragelng Instrument WOll ac~nowled\led before me this ~dey o( ~:-fJ~-A4~'.==:' 20Q7, by Joseph T. Natoli '!S Senior Vice President fOr au e56 and Finanoe, o( Volvo"rty of Miami, a Florl<:ta not for profn oorporaiion, \he sole member of RRC 57th Avenue, a Florldellm1ted'lI$bUlly cO"lPsny, who (oho;,;k one) J ) are personally know!) 10 me or (.,...,. ] have prod uced as identlficatlon. () . ) "'-- () C) Bilzin Sumberg r,.. ','i;'; :r-.j \c: ",' h'Y 1:;; ',:,: 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 Housin.g Report Dear Mr. Alexander: Jerry B. Proctor,.Es.q, T.' ~OIS.350.1361 F., 3~!"351.2250 jprOClo[@bilzh"i-.com January 13, 2015 Our finn 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 aM RRC 57'h 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 famllies in the Moderate Income Se.gment of the Affordable Housing Group. This requirement is contained in paragraph 2f on page 3 of the Development Agreement.' Determinatlon 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 tho.se 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 unl.ts as such pursuant to the Development '/1 have also attached an "Amendment to Development Agreemeltt," recorded Oil March 25, 2010, that did not amend the housin~ component of the Developm.ent Agreement. , ) MIAMI 4470268.1 77430127649 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brick~1l Avenue, 23rd Floorl Miami, F'L 33131·3456 T~! 305.374.7580 hlx 305.374.7593 Steven Alexander. City of South Miami January 13. 2015 Page 2 Agreement. As of December 31, 2014, 386 units in "Hed 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, a/~ .~(~roctor JBP: id c: Marla Menendez, Cit~ Clerk, City of South Miami (w/encl.) Christopher Brimo, AICP, Planning Director, City of SQuth Miami (w/encl.) Thomas Pepe, Esq., City Aftorney, City of South Miami (w/encl.) Gabriel Fisher, Property Manager, Red Road Commons (wiencl.) Nazar Elwazir, Equity R.esidential (w/encl.) MIAMI 4470268.1 77430127649 ~J BILZIN SUMBERG BAENA PRICE & AXELROD LLP (j C) G1l Bilzin Sumberg ATTORNEYS AT LAW Via E-Mail & US Mail Mr. Steven Alexander, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: "Red Road Commons" Agenda: April 21, 2015 (Annual Report) Dear Mr. Alexander: Jerry B, Proctor, Esq. Tel 305.350.2361 Fax 305.351.2250 )proctor@bilzln.ccm April 13, 2015 As you know, the City Commission's consideration of the Annual Report for the "Red Road Commons" development was deferred on March 17, 2015, to allow additional research and discussion between the property owner and the City's Police Department regarding security matters at the development. Subsequent to that meeting, we have had very productive discussions with Chief Landa and his staff, and have reviewed crime statistics provided by his Department. Red Road Commons continues to comply with all conditions of the Development Order as well as with the Development Agreement promulgated as part of the project approval. Significant on-site security efforts have been provided. Enclosed please find a report summarizing past activity and commitments to further enhance on site lighting, and to seek City approval for the installation of controlled access gates and fencing. Both of these efforts will commence in the next 12 months, and before the presentation of the next Annual Report for the Development Agreement. I have also attached the household comparison of City crime data between Red Road Commons and the remainder of the City; the per capita incidence of crime and crime reporting at the development reduced substantially from 2013 to 2014, and in both cases were less than the remainder of the City. MIAMI 4564508.1 77430127649 BILZ'IN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue. 23rd Floor. Miami, FL 33131·3456 TeI305.374.75BO Fax 305.374.7593 steven Alexander. City of South Miami April 13, 2015 Page 2 I would appreciate your inclusion of this information into the official agenda package for the April 21st hearing. Thank you. Sincerely, JBP: id c: Chief Rene Landa, South Miami Police Chief Marla Menendez, City Clerk, City of South Miami (wlencl.) Joseph Corradino (w/encl.) Nazar Elwazir, Equity Residential (w/enci.) early Grimm, Esq. (w/encl.) MIAMI 4564508.1 77430127649 Gi!;) BILZIN SUMBERG BAENA PRICE & AXELROD LLP Red Road Community Enhancements -April 2015 Enhanced Garage Lighting To date, Red Road Commons has spent over $221,000 in lighting projects and upgrades In an effort to enhance the overall security of the property. To continue this effective deterrent, weare proposing the upgrade of the current lighting in the garage. The results of this project will be an increase in the overall luminesces within the garages, and the reduction of dark areas. Additional benefits will be realized through crisper, brighter and 'more vivid Images captured on our security cameras. This will be at a total cost of $148,000. See attachment A for mOre details. Benefits Su m mary-- • Increased brightness/luminescent with in garages • Reduction of dark areas • Increased crispness, brightness and readably of images captured by security cameras Installation of Controlled Access Gates and Fencing To date, Red Road Commons has spent over $278,000 In security fencing around the property with particular focus on better securing the garages, To date, the property remains an open campus with three uncontrolled egress and ingress points. We are proposing the installation of controlled vehicular and pedestrian access gates, one on 681~ street and two on SW 57'" Ave, See attachment B for site plan indicating the proposed location for additional fencing. Benefits Summary- • Eliminates the elements of outside traffic, both vehicular and pedestrian, not related to residency or retail at Red Road Commons • Allows for better monitoring of who and what enters the property • Allows for the enforcement of our "No Trespassing" agreement Signed with the S. Miami Police Department • Reduces risk ofvehicular-pedestrian accidents caused by heavy drive through traffic On-Site Courtesy Patrol Officers Currently we have four Courtesy Patrol Officers ("CPOs") living at Red Road Commons. As part of our agreement with the CPOs, they patrol the entire property by foot after lOpm two to three times per night every day. After each patrol, the CPO fills out and submits a log detailing his security walk, Included in the CPO log is a lighting report on which the CPO notes missing or non-functioning lights on the property. CPO logs have been and continue to be submitted quarterly to the City of South Miami. We have also established an on call number for residents to use to report issues. This number is posted clearly throughout the community. The number rings a cell phone that rotates among the CPO officers, Additionally, CPOs park their patrol cars in designated/reserved, highly visible parking spots adjacent to buildings E, F and B. Please see attachment C for detailed CPO responsibilities, I' Attachment A ARE~EDG-4M·DA Cree Edge'''' AfI':!'a Luminail'tel-Type IV Modl,P"l -DirectArm MoUl"lt Pradu£t [)lla(l,fptfon SIm, low proIlk! i±>!lgnmlJII:mlfll~""lnrJkladr'GqllltQ.!nc-tlts..lurrtmlm.!JdD!-&ro lugglld atSl :r.kJtrJr'IU!l\ WIM 111~r,u~ ~atllltr17Qhtt81) tll1Wf'n:lllIpIrt.mI»'Il'l 'ilIW 1lIJt! piIIIftIllI'\3IIOIIiI1.l.ImllWJO. h...ut 51hki. t.o!¥/IJRIIlI1it, ErtIl2ticll;idllR mo\I~ mli'ttlOd. MEu.1l'rIy-tT.nr.mg.1~ ruggc,;:H:I"1l 01:;1 ;:,trolllrm ",rul rnomtIi; tJJ~ (l1i.-151tJun) ~(lr ~pc!IfI..1..ttm'trn'.cI1!: =.J!1Nlbytl'OO !i,fJ!r18UNCbd.t:s!IpXt!d<:lMo :r (!iV\'lrn)c:m~ Performarn:;e Sumn'lftl'Y 'UOb~_ec.tIl,.ED"'tOCbmk!fW f>l)lori'lPQ "HIlMOptl.:" :PnxIliCt TiXtmqy MIl~1h:r,u..AA 'at-Us. ~I):i' 11J:'iptliI~'padll­ CAI;Mlnll~!lJ70c:nl' 'CCT;~:("'f-:so!lY.):5t-llndc.ld,JlOIJQKf.jo/-~ UmII4'd W!il1'tlntyl, 10 p.nl QQ ""~ /10)'M1S", Coh:fflIa Don~GlJilm"!f!:'IIIItl !PIo\,~nd W*lQllt'·.RI'!lr:afJPAIlrn!!h'IiI.'Snl :Ii!~t'-l n ..... ,"' ' .......... .. ... "'---.~tw,0m -A111"baft~IIi:Il!b'~$­ ·<.s'I'I:.ncr:!«dbIaWilCUll'd "'" .Wl.'If«mIk_kUa;trIIllIllI:tII,,rkllO .!l:tto1!.l& .... h~Elt.lll.ikllli,1WIt1ll R.:pJ::wi~mltifj"1t~.1d1lrd ·lQ.ll/llW(I~/BJros!lull~~~ .~~H.l_:hltllll2;lllt! ·kml':ol ttUli:ll .U-A~lII1Iw~,I'BItI~ l'.i.li\XlIsd:ltr~'I'f,.,.\'lt.G;~ .,~~tiM'_remllll .!ld_~1ttm IU~.It-1ftli' _~III .. !j:t!LltII!I."'1!I:I:dI l I I, I j I I I I I Attachment A (continued) ----------"----------,------- Product Sp&dfJ<lBtJona caH5nilJCnOH a 'NATSItill/U;; !i1ln.iD'llplOl"i".mfll"W.Im9~loaodr~~ lU':II~Kltl! lidolllro ru!m'lQ d~ItCil~ iilil~n 'J'iIh-hU>gla wcs:«h«IJo;jIIt U!D~ltwa :r.oll:il'''tlllrnl~ il!rlttig~ j:Ol1'l:illNlI/XI iahJ1:!UIts o.-p"(altlnlctIockJl9.rlP;riU~ rr~ tlbmnn!1'ftoo91gt:;r!JS9'i'd dIG an' ~l.i.mroorn 10000Utng 'm. :M." Qt;-1SlImfil)' %JIIWII Qr rord fOI~ ~byt\\u!>/)i'lB WCb:>lIs,~~(lIJ:r (S1mltl).m.tar. Inttdczs-llIiIl/4mJ~ Bu;:r·~' E:Di:lIst«r a:wtlmt t1!1lIil"IJ;rU~ fM~ f/tll!UM 'iilI /:;--Caalolpllll'J pr.-nc# 'lI,lIh:&nlCl:rJ>.dlf'llt.;o jXI'M!« 1opc~l, pw.rklr,g om:cIIlant~ 1;1 ~U;tm.\IilIuI:<IU!1.1;r.J ::.mi;!brwdDlk tlnnib'dIJ;.$fN'. B'lII!m. tJl:d:, whw.~p!IlUrmlll.'~ ""~;./!'lQ lMI~~ ~Al.!i'tfiTi'H • .... .. \'Clllng;: 12o.l"n\' ur :W7~,* I GOt\{, (:liI:5,:l dnVar:!: ~ ~Fador.JOIMiJlru'lllon;l lcC;!Il'Iilfmll\K: O1~rorlllHl: .. ::o!o:w. at filii tmd InlAgl3Il'l'POlluJ.ti!td'D'$I;lrtc"f~'~ tmllillll\ 1tI1~(I2<.iil.2'OOo!> b! ~pl'II'W rolakl.fl Intagrnl10kV 1II~ RJFt¥1IHkIn P,I\)jK1Im:sl~I""1d :=.lnMllamDn~ rIQw.I:IoIIlIYNlOor:trPl' ct()blQQ~ ~1!1 REG1.ILATORV I; VOI.1IMTAft'I' r:RJ.AUFIC.'.IONJ W\..1l$Llslt!d $:1Lt:t*1'IlJ WolUXll\lan~ E.rII:IUIU'a flllad ll!S6 p;r ax: SOII:!lllMrD'l GldtrtKI 'Wlbwt Pur it cp1IOlll- 0;:njJ~ l~to'1'rcr C!E C'.!Irilncd .P'odutt~ (#1Ifta;i1tl,AHg! O]l!i.l'1..rom,.:m ,br!d9I1:;/Ilt t>/~FCI!I2l: ml:taln , .... "" 10k.Y$l1rp;:9.Wlm::lI\Pf(l~joo~~J1i ~1~'f,IiDE IEEE/ A,,'\$! en", tu:nn.wltlliid 11'115h Il.ntllH~lI~ IWIIlIf LD wlthstmd s,ooDhcuBfI' ~alr;~ltSilttfDgli:l!l'\lt~'lIS'If~l'>noohil.~1~8llJ JI'RKILK1"I.U,"IIItHj;tlIlIl1Go DllloIgnug:vt!O('lHll:lrUmfr("DU:") Q51lhd 1l'RXfqd~ lIiI {"QI'\.. ') 'MIIm ~ '",,1U1<.lUt. 'luU 1;;K&cUSfd:IID'IIToldlla.trd KDAI:S Ul.~ A!NlIIGfl rt;q.m:mmli$ .... 11l'ln ARID. PhCtClI:1!Qotry "'f~IQrl ~h1'#(1 pldoTlllInt:'lI:t:tl1UpoIlDltJlia.! Intl;-SW\, l.H-.i'VJII ~1~,t>y;;~NL/lParti!'rD:Ibbol~ a; .. T" .. If.~1t f,r..t.>;II. iiI";"~_·-Qr..Il·u,..~oo·_ """W:-...JIIIiI\.wnom.:T,K1 .' .......... -Q ". ",,"" """"' ... ,.;;, ..... ~M>"·'r..j::·~..z;.~nlt ~H.II:iI~m(mn).o\.H;. ~t~'--"WI<l' flAli R:.t..,.,. \ !" I I i \- I I Attachment B .-.... --' Cl (§ I. a: rl ~ OJ 0 -. ~ .. '",' Ii; ·OJ !!j • ~it=J z ·OJ w 'I' q' I ~ I :t: I OJ cc(TI l;i c:f> ' , I ' .. -~"~.,,:-:. '"" I' ., .. ~ i ~ o . ---7~;'F~ 7 (f) D 0 ,':: '" I I " ~. , ", rnt. , J . )~ '" h ,-," ~ b.~ :1 l' Cl I D-n il! .. '." GAS STATION r' . Attachment B (continued) ,: : . . ~ . ..: . '. " ....... : ...•. ; ..... .. . iii <D. S,W, 66TH STREET HINSON ROAD -to 'I .HEWGIITE9fflOP!!t!CE.coUJJ:9JRe • -" ImfI • .. ~-'-"-"--.-' ........ ) tl ;.;··~f=;< '~"'--':~"':~~-:::-.:.:..-;-..;. ,-.• ~ I I·, , I I i Attachment C CPO Dally Duties • Designated parking adjacent buildings E,F and B are clearly marked for the patrol cars. (Remain on the street and highly visible.) • Patrol the entire property by foot after 10 pm dally. This should be done at least 2-3 time s a night. Spread out these times (10pm llpm 12am etc it Is up to you). This includes the exterior of the buildings, the garage, the pool, courtyard and interior hallways. • Check the gate in the back of building C near the FPL power plant facing 68th St. Make su re It Is closed and locked; not propped open. • Patrol the large resident garage two times per day with police vehicle if you have one. • Inspect every door on the buildings Including stairwell exit doors. Make sure that all doors will not open without a FOB and that the stairwell doors are not being propped open. • While on patrol, please address any issues with party buses picking up on property and find out who set them up. Also, address any lOitering immediately. No one should be hanging out in the street. This makes them a target and causes noise and trash issues. • If you smell drug use or hear a loud party be proactive about it and address the Issue before a resident complains. • Keep an eye out for any suspicious activity and take action Immediately. • Report any security Issues to the office Immediately. • Record the times of your patrols daily and email to Community Manager every Monday for quality control purposes. Pool Area Concerns • No glass is allowed In the pool area. Please make residents remove glass immediately. If they refuse, get their name and make them leave the pool area. . • Pool closes at 9pm. No one should be in the pool area after that time. • Students pre-party and post-party for the football games at the pool. Please monitor the pool Saturday morning and afternoon to address glass and trash issues. If they are getting out of hand, get their name and make them leave the pool area. Ughting Logs • Lighting zones are as follows oZone 1 (Robert) building F and E, including retail area and both E garages. oZone 2 (Chris) building A and D Including retail area. oZone 3 (Jesus) the entire large garage In building B including the visitor garage on 1st floor, lights outside the garage by the FPL plant, and the lights In the dog park. oZone 4 (Indiana) building Band C • Lighting Logs need to be done once a week and turned In on Thursday to give maintenance time to fl~ the lights. • Lighting log needs to be done after 8 pm. • Walk the perimeter of your zone and inspect o All pole lights o Ali sconce lights attached to the building o All lights by theretall space a All lights in the dog park o All lights under and on the bridges o All lights in all garages o All lights by the retail spaces On call cell phone-Provided by Equity Management • Cell phone Is rotated every month between officers .. • Pick a date that you will exchange the phone and let us know so we can put It In our calendar. • If you are going out of town for vacation please let us know 2 weeks In advance. • When on call let us know of any issues the ne~t day In the AM so we have time to address It. o Please do not put anything In writing to the residents, this Includes text messages. • If you cannot answer the on-call cell please return the call in a timely manner. I I , I I I' I I I· , I I IJ ). ! i I i I , i I i I I, 2 1 Homicide 1 0 Robbery 38 2 Burglary 145 7 -Larceny from Vehicle: 252 39 Reported as a Burglary to Vehicle Larceny~All Other 424 32 Stolen Vehicle 20 2 0 0 0 a 882 ----. -----------. or:- 5 0 Homicide 0 0 Robbery 13 0 Burglary 91 15 Larceny from Vehicle: 175 3 Reported as a Burglary to Vehicle Larceny-All Other 374 20 Stolen Vehicle .36 2 AggAssault 26 0 Arson 0 1 720 41 2013 404 83 .21 2014 404 41 .10 2013 4770 882 -.19 • lUla! _ --404 124 .31 2014 4770 720 .16 -1602 .33 ------~-------.-------.-- I i L , i ! I ! I