04-07-09 Item 2cTo:
Via:
From:
Date:
South Miami
AII•Amedca City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Ajibola Balogun , City Manager
Thomas J. Vageline,
April 7, 2009
Planning Director
Subject: Annual Report on Red Road Commons Project
ITEM NO. C
NOTE: This item was deferred by the City Commission at its March 17, 2009 meeting. At that time the City
Manager and City Attorney were asked to meet with the developer's representatives in order to work out a
resolution or agreement related to the affordable housing commitment in the Development Agreement. This meeting
did occur on March 24, 2009. After extensive discussion the representative of the developer did agree to provide a
supplemental letter explaining their interpretation of the affordable housing commitment. This letter dated April 3,
2009 (updating a March 31, 2009 letter) was received by the City Manager and is the first attachment to this
report. The City Manager's comments on this issue is contained in the last two sections of this report
PROJECT SUMMARY
In 2005 the City Commission approved the Red Road Commons Project located at 6600 -6640 SW 57 Avenue
and 5757 SW 68 Street. The project 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 pursuant to Florida Statutes 163.3220-163.3243.
.DEVELOPMENT AGREEMENT STATUS
The Development Agreement was first approved on April 9, 2005 by adoption of Ordinance No. 12 -05 -1834.
The Agreement was amended on June 14, 2005 by the adoption of Ordinance No. 17 -05 -1839 which
modification was to substitute a specific amount of money owed to the City for the Recreation /Open Space
concurrency fee. The amended Development Agreement was executed and signed by both the City and the
developer on March 29, 2007. The Agreement was then recorded in the County's Public Records on March 30,
2007. The City Clerk on May 27, 2007 filed the Development Agreement with the Florida Department of
Community Affairs.
ANNUAL REPORT REQUIREMENT
The Agreement includes a section (No. 12) requiring the submission by the developer of an annual report on
the anniversary of the effective date (March 30) of the Agreement. It is a status report showing that obligations
have been met and that there has been compliance with the major provisions of the Agreement. The annual
report must be reviewed by the City Commission at a public meeting.
ANNUAL REPORT SUBMISSION
The first Annual Report was filed on March 14, 2008 and was presented to the City Commission on April 1,
2008 as part of the City Manager's Report.
The second Annual Report has now been submitted by the project developer, RRC 57th Avenue, LLC on
February 25, 2009. The actual annual report is a three page letter from the developer's attorney Jerry Proctor,
2
Esq. A summary of progress made on the major obligations of the developer is contained in the report. The
executed Development Agreement is attached as part of the report.
AFFORDABLE HOUSING ISSUE
Based upon recently expressed concerns over the initial leasing program of the residential units, the Administration
felt it important to remind the developer about the above commitment to affordable housing which is set forth in
Section 2f of the Development Agreement. It was anticipated that the developer could respond to this issue as part
of the 2009 Annual Report.
The Administration then met with Developer's attorney and in addition issued the attached letter, dated February
13, 2009. The letter set forth a request that the developer consider amending the Development Agreement to set
forth a revised Affordable Housing program which contained very specific housing data rather than the general
formulas currently contained in the Development Agreement Section 2f. The City Manager's letter also requested
the submission of the $100,000 payment to the City for low- income housing in the CRA.
The program suggested by the City Manager in the February 13, 2009 letter would designate the specific units to be
available for affordable housing and specific monthly rents (maximum) which would be charged for these units. An
example of a typical rent for a one bedroom unit was proposed which could be included in an amendment to the
Development Agreement. The amount of rent was derived from a document being studied by the City's Affordable
Housing Advisory Committee.
It is important to note that the Affordable Housing Advisory Committee subsequently met on February 19, 2009
and fully discussed the Red Road Commons Affordable Housing issue. (attached is a copy of their draft minutes)..
The Committee made a definitive recommendation on what affordable housing monthly rent levels should be at the
Red Road Commons Project.(see p.3 of minutes)
RESPONSE FROM DEVELOPER -
The most recent response from the Developer to the City's affordable housing proposed amendment is a
communication dated April 3, 2009. from Mr.. Jerry Proctor. This letter reiterates again that the developer will
continue to follow the general formulas for moderate income households currently contained in the Development
Agreement Section 2f. The developer did provide supplemental information stating that the actual monthly rent
range will be $1,280 - $1,524 for one or two bedroom units available to households in the moderate income range.
The developer's communication does not respond to the City Manager's request (February 13, 2009) to modify the
current section on affordable housing in the Development Agreement. In addition the proposed actual monthly rent
range for one or two bedroom units available to households in the moderate income range is considerably higher
than the suggested range of $953 - $1,156 recommended by the City's Affordable Housing Advisory Committee.
Based upon on the new 2009 AMI issued for Miami -Dade County ($ 50,800 increased from $49,200) the City's
Affordable Housing Advisory Committee suggested range would be increased to $981 - $1,191 for one or two
bedroom units.
RECOMMENDATION
The direction of the City Commission would be helpful to the Administration in taking further action and /or
continuing discussion with the developer on this issue. - - -
Attachments:
Communication from Developer 4 -3 -09
Communication from Developer 3 -31 -09
Annual Report Submission 2 -25 -09
Letter to J. Proctor, Esq., 2 -13 -09
Response Letter on Affordable Housing from developer 2 -24 -09
Affordable Housing Advisory Committee. Minutes 2 -19 -09
Rent Collection Calculation Report- SM Affordable Housing Committee
Red Road Development Agreement TJV /SAYX: \Comm Items\2009 \4- 7- 09\Red Rd Commons Annual CM Cover report 2nd Revised.doc
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Jerry B. Proctor, Esq.
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70- 305.350.2361
\ r_ax 305.351.2250
E- `'NraG jproctor @bilzin.com
April 3, 2009
Mr. W. Ajibola Balogun, REM, CFEA
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Development Agreement between RRC 570 Avenue, LLC & City of South Miami
Compliance with Housing Requirement
Dear Mr. Balogun:
As you know, this firm represents RRC 57th Avenue, LLC regarding development of the
mixed -use project in the City of South Miami known as "Red Road Commons ". The purpose of this
letter is to confirm that RRC 57th Avenue, LLC fully recognizes and will comply with the housing
requirement contained within Paragraph 2(f) of the Development Agreement between the City. of
South Miami and RRC 57th Avenue, LLC.
Paragraph 2(f) of the Development Agreement states:
Housing — A requirement of ten percent (10 %) of the units will rent to individuals or families
in the moderate income segment of the affordable housing group. If the residential units
convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families
in the moderate income segment of the affordable housing group. In analyzing compliance
with this paragraph, the City shall allow minor deviations resulting from short-term vacancies.
Incomes shall be based on Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development. Proof of Compliance with this requirement on an annual
basis shall be provided in writing on or before January 15 of the following year to the City
Manager. In addition, the Applicant shall make a payment of $100,000 to the City on or
before the issuance of the first certificate of use and occupancy for the development on the
Property, to be placed in a City trust fund to assist in the development of low income housing
in the City's Community Redevelopment Agency area.
The moderate income segment is defined by the United States Department of Housing and
Urban Development as individuals or families with incomes between eighty percent (80 %) and one -
hundred twenty percent (120 %) of the Area Median Income (AW). The "denominator" in calculating
the annual income of persons or families when reviewing prospective occupants for residency is
based on the AML The AMI for Miami -Dade County for 2009 is $50,800.
MIAMI 1773276.2 7743027649
4/3/09 8:51 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 "Vwgv.`- ""
April 3, 2009
Page 2
The Development Agreement requires that a minimum of ten percent (10 %) of units at Red
Road Commons will rent to individuals or families meeting such moderate income requirements. A
range of eighty percent (80 %) to one - hundred twenty percent (120 %) of the AMI results in an annual
per unit income between $40,640 and $60,960.
A standard ratio of 30 percent rent -to- income, i.e., a family spends 30 percent of their gross
income on rent. is common in the housing industry, although, it is not the only factor used in
determining whether a family qualifies for a particular dwelling and will not be the only factor used at
"Red Road Commons ". Using the 30 percent ratio as a guide, the rental rates under the moderate
income threshold under the current AMI would be $1,016 to $1,524. This range is subject to change
in the future as AMI for Miami -Dade County changes. About 80 percent of the 404 units at "Red
Road Commons" are either one or two- bedroom units, and approximately 200 of those one or two -
bedroom units will have rents ranging from a net monthly rate of about $1,280 to $1,524 (after
certain up -front discounts such as one free month are applied). Therefore, RRC 57th Avenue, LLC
will provide more than the required number of units to resident families in the moderate income
range.
Pursuant to the Development Agreement, RRC 57th Avenue, LLC intends to comply with the
terms of Paragraph 2(f) and to provide proof of such compliance in writing on or before January 15,
2010 to the City Manager, and to provide ongoing compliance notification on or before January 15 of
each successive year where the Development Agreement is in effect. In addition, pursuant to
Paragraph 2(f), RRC 57th Avenue, LLC shall make a payment of $100,000 to the City on or before
the issuance of the first Certificate of Use and Occupancy for 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. Currently, RRC 57th Avenue, LLC intends to apply for and
receive the Certificate of Use and Occupancy for the 1St building within the project on or about May
1, 2009.
If you or your staff have any additional questions, please let me know. Thank you for your
continued cooperation.
Sincerely,
Jerry . Proctor
cc: Luis Figueredo, Esq., City Attorney, City of South Miami
Thomas J. Vageline, Planning Director, City of South Miami
Sanford A. Youkilis, Planning Consultant, City of South Miami
Stephen David, CRA Director, City of South Miami
Jay Jacobson, Wood Partners
Bernard Felder, Wood Partners
Steven Wemick, Esq.
MIAMI 1773276.2 7743027649
4/3/09 9:26 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Bilzin Sumberg
A T T O R N E Y S AT L A W 0, W
i
APR - 1 2009
Mr. W. Ajibola Balogun, REM, CFEA
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
March 31, 2009
Re: Development Agreement between RRC 57`h Avenue, LLC & City of South Miami
Compliance with Housing Requirement
Dear Mr. Balogun:
As you know, this firm represents RRC 57th Avenue, LLC regarding development of the
mixed -use project in the City of South Miami - know+- as"Red- Road- Cornm -ons ". The purpose of this
letter is to confirm that RRC 57th Avenue, LLC fully recognizes and will comply with the housing
requirement contained within Paragraph 2(f) of the Development Agreement between the City of
South Miami and RRC 57th Avenue, LLC.
Paragraph 2(f) of the Development Agreement states:
Housing - A requirement of ten percent (10 %) of the units will rent to individuals or families
in the moderate income segment of the affordable housing group. If the residential units
convert to condominiums, ten percent (10 %) of the units will be sold to individuals or families
in the moderate income segment of the affordable housing group. In analyzing compliance
with this paragraph, the City shall allow minor deviations resulting from short -term vacancies.
Incomes shall be based on Area Median Income (AMI), as defined by the U.S. Department of
Housing and Urban Development. Proof of Compliance with this requirement on an annual
basis shall be provided in writing on or before January 15 of the following year to the City
Manager. In addition, the Applicant shall make a payment of $100,000 to the City on or
before the issuance of the first certificate of use and occupancy for the development on the
Property, to be placed in a City trust fund to assist in the development of low income housing
in the City's Community Redevelopment Agency area.
The moderate income segment is defined by the United States Department of Housing and
Urban Development as individuals or families with incomes between eighty percent (80 %) and one -
hundred twenty percent (120 %) of the Area Median Income (AMI). The "denominator" in calculating
the annual income of persons or families when reviewing prospective occupants for residency is
based on the AMI. The AMI for Miami -Dade County for 2008 is $49,200. A 2009 rate has not yet
been published.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593
MIAMI 1773276.2 7743027649
3/31/09 12:30 PM
vvmv.bilzin.com
G
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March 31, 2009
Page 2
The Development Agreement requires that a minimum of ten percent (10 %) of units at Red
Road Commons will rent to individuals or families meeting such moderate income requirements. A
range of eighty percent (80 %) to one - hundred twenty percent (120 %) of the AMI results in an annual
per unit income between $39,360 and $59,040.
A standard ratio of 30 percent rent -to- income, i.e., a family spends 30 percent of their gross
income on rent, is common in the housing industry, although, it is not the only factor used in
determining whether a family qualifies for a particular dwelling and will not be the only factor used at
"Red Road Commons ". Using the 30 percent ratio as a guide, the rental rates under the moderate
income threshold under the current AMI would be $984 to $1,476. This range is subject to change in
the future as AMI for Miami -Dade County changes. About 80 percent of the 404 units at "Red Road
Commons" are either one or two- bedroom units, and approximately 200 of those one or two -
bedroom units will have rents ranging from a net monthly rate of about $1,280 to $1,476 (after
certain up -front discounts such as one free month are applied). Therefore, RRC 57th Avenue, LLC
will provide more than the required number of units to resident families in the moderate income
range.
Pursuant to the Development Agreement, RRC 57th Avenue, LLC intends to comply with the
terms of Paragraph 2(f) and to provide proof of such compliance in writing on or before January 15,
2010 to the City Manager, and to provide ongoing compliance notification on or before January 15 of
each successive year where the Development Agreement is in effect. In addition, pursuant to
Paragraph 2(f), RRC 57th Avenue, LLC shall make a payment of $100,000 to the City on or before
the issuance of the first Certificate of Use and Occupancy for 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. Currently, RRC 57th Avenue, LLC intends to apply for and
receive the Certificate of Use and Occupancy for the 1St building within the project on or about May
1, 2009.
If you or your staff have any additional questions, please let me know. Thank you for your
continued cooperation.
Sincerely,
�Je7rryB.Proctor
cc: Luis Figueredo, Esq., City Attorney, City of South Miami
Thomas J. Vageline, Planning Director, City of South Miami
Sanford A. Youkilis, Planning Consultant, City of South Miami
Stephen David, CRA Director, City of South Miami
Jay Jacobson, Wood Partners
Bernard Felder, Wood Partners
Steven Wernick, Esq.
MIAMI 1773276.2 7743027649
3/31/09 12:30 PM
C2BILZIN SUMBERG BAENA PRICE & AXELROD LLP
B Mn Suinberg
ATTORNEYS AT LAW
..; ,
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February 25, 2009
Via Hand Delivery
Mr. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
ECEIVE
FEB 2 5 2009
MANAGER'S
Re: RRC 574h Avenue, LLC
Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street,
City of South Miami
Annual Report of Development Agreement
Dear Mr. Balogun:
This law firm represents the owner, RRC 57" Avenue, LLC ( "Owner "), of the property
located at 6600 -6640 S.W. 57th Avenue and 5757 S.W.. 68th Street, South Miami, Florida
("Property"). ). The Property is under construction with a mixed -use development commonly
known as "Red Road Commons."
The Owner and the City of South Miami ( "City ") entered into a Development Agreement
("Agreement") related to the development of the Property. The Development Agreement, a
copy of which is attached as Exhibit "A ", was recorded in the Public Records on March 29,
2007. In accordance with Section 12 of.the'Agreement, the Owner is required to submit an
Annual Report to the City. Please accept this correspondence as the Annual Report.
1. Permitted Uses Densities and Intensities. In accordance with the. provisions of
the Agreement, the Property is being currently developed with a total of 404 residential
units. The Property shall also ,be developed with retail and leasing space. Development
of the Property shall not exceed five stories and shall be in accordance with the revised
adopted master site plan as approved. In addition, the Property shall be developed in
one phase. A building permit was applied for within six months of the recording of the
Agreement. The first building to be completed of the project is scheduled to open in
approximately April, 2009.
2. Public Facilities: Water and sewer services, solid waste services, and drainage
services will comply with all applicable requirements of Miami -Dade County and the
Florida Building Code for any building prior to issuance of a final Certificate of Use and
Occupancy and prior to occupancy of such buildings. The Owner has paid $997,895.20
in one lump . sum to the City as its responsibility for meeting park and recreation
concurrency. See Exhibit "B" for a copy of the payment.
MIAMI 1742907.5 7743027649
2/25/09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
www.bilzin.com
,>nn c RiQnnvne Rni levard. Suite 2500. Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593
Page 2
February 25, 2009
In regard to traffic, the Owner has obtained permits from the Florida Department of
Transportation for roadway improvements on Red Road from US -1 to S.W. 66t' Street,
Permit Number 2009 K 690 008, and traffic signal replacement for the intersection
located at Red Road and Levante Avenue, Permit Number 2008 K 690 094. See Exhibit
"C" for copies of both permits. Owner is using its best efforts to obtain any remaining
approvals necessary for the remainder of the traffic improvements listed in the
Agreement.
Pursuant to requirements for housing under Section 2(f), Owner is committed to renting
10% of the units "to individuals or families in the moderate income segment of the
affordable housing group" — individuals or families who are. within 80% to 1.20% of Area
Median Income for Miami -Dade County. The moderate income segment is defined in the
U.S. Department of Housing and Urban Development report from September, 2008,
attached as Exhibit "D ". The Area Median Income for Miami -Dade County for 2008 is.
$49,200. (The 2009 rate has not yet been published). At least 10% of the total units built
will be rented. to individuals or families with incomes between $39,360 and $59,040 per
year. The Owner will establish a reporting structure with the City, by which the Owner
will ensure compliance with the requirements of Section 2(f) throughout the remainder of
the Agreement. In addition, the Owner will make a $100,000 payment to the City to
assist in low income housing development in the CRA area; this payment will be made
-- - - p rior tooccu anc s on the -Pro ert y
. - -- — - - - —
= =3 Taxes: = Pursuant -to -this z provision; of4he -Agreement -the. Owner: has -paid..taxes to the
City of South Miami in an amount equal to the annual Operating Millage Rate and will
continue to do so in the future.
4. Work Force: In accordance with the provisions of the Agreement, the Owner has
given a preference to job applicants residing in South Miami provided those applicants
with jobs in the demolition phase. The attached Exhibit "E" entitled "Wood Partners -Red
Road Commons CRA Master Sheet 2008" illustrates a total of over 4,000 hours worked
on the project by employees from the surrounding area. This report covers worker
statistics through January, 2009. The Owner is committed to the same practice as
outlined in the Agreement for construction of the remainder of the project.
5. Site Plan. Owner has abided by all site plan conditions as set forth in the Agreement.
In addition, the Owner participated in a joint working group with the First Methodist
Church of South Miami regarding traffic improvements and has committed to an
improvement plan for Red Road between the area of the Property and the First United
Methodist Church of South Miami: See Exhibit "F" for a letter from the First United
Methodist Church of South Miami verifying these discussions.
.6. Schools. The Owner donated $34,800 to the Miami -Dade County School Board
( "School Board ") on September 27, 2007. See Exhibit "G" for a copy of the payment.
7. Unity of Title. The-Owner submitted a Unity of Title that was recorded in O.R. Book
.25496 at Pages 47 -51. See Exhibit "H" for copy of the Unity of Title.
MIAMi 1742907.5 7743027649
2/25/09
' BILZIN SUMBERG BAENA PRICE & AXELROD LL,P
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W. Ajibola Balogun, REM, CFEA
City Manager
February 13, 2009
6130 Sunset Drive
South Miami, Florida 33143 -5093
Tel: (3D5) 668 -2510 • Fax: (305) 663 -6345
E -mail: abalogun @cityofsouthmiami.net
Hand Delivered &
Certified Mail: 7004 - 1160 - 0006 - 0458 -2523
Mr. Jerry. Proctor
200 South Biscayne Boulevard
Suite 2500
Miami, FL 33131
Re. Red Road Commons Project Affordable Housing
Dear Mr. Proctor:
Your Development Agreement for the reference project requires the developer to commit to rent 10% of
their units to moderate income families and make a payment of $100,000 to the City to assist in the
development of low- income housing in the CRA area.
As part of our review criteria for your upcoming 2009 Annual Report, we intend to review your response
to the affordable housing issue (Section 2f). This office has set forth below a specific program which it
expects to be included in the affordable housing commitment response as part of the annual report to be
submitted no later than March 1, 2009:
(1) A check for $100,000 for a City trust fund which will assist in the development of low- income
housing in the CRA;
(2) A draft amendment to the Development Agreement which sets forth the developers' Affordable
Housing Program. This document must list the unit numbers for 41 units (10 %) which will be
available for rent at $984 per month.(which is estimated for a one bedroom unit in the "Rent
Collection Calculation Report- SMAffordable Housing. Committee, issued 1- 29 -09)
We look forward to you furnishing the proof of compliance with the above stated requirement contained
in the Development Agreement on or before March 1, 2009. Please be advised that your request for
Certificate of Occupancy (CO) will not be considered until compliance with the above stated requirement
is demonstrated.
Should you have any questions or comments, please do not hesitate to contact me at 305- 668 -2510
Sincerely,
Q �-
Ajibola Balon
City Manager
cc: Luis Figueredo, City Attorney South Miami
Sanford Youlalis, Interim Planning Director
Stephen David, CRA Director Jul - America city
Victor Citarella, Building Director I
m
2001
Page 3
February 25, 2009
In summary and as documented above, the Owner is diligently pursuing 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.
Since r y, — X/, �
Jerry . Proctor
JBP:id
cc: Sandy Youkilis, Acting Planning Director
Luis Figueredo, Esq., City Attorney
Jay Jacobson, Wood Partners
MIAMI 1742907.5 7743027649
2/25/09
�` BILZIN SUMBERG BAENA PRICE & AXELROD LLP
B Mn Sumberg-
ATTORN EYS AT LAIN
Mr. W. Ajibola Balogun, REM, CFEA
City,-Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
February 24, 2009
Re: Development Agreement between the City of South Miami and RRC 57th Avenue,
LLC
Dear Mr. Balogun:
This week, under separate cover, we are filing the required Annual Report for the
Development Agreement between the City of South Miami and RRC 57th Avenue, LLC,
developer of the mixed -use- project in the City of South Miami, known as "Red Road Commons ".
As part of the review of the rights and obligations under the Development Agreement, our office
is in receipt of your letter dated February 13, 2009, addressing the requirement to- develop and
maintain affordable housing on the property.
Paragraph 2(f) of the Development Agreement states:
Housing — A requirement of ten percent (10 %) of the units will rent to individuals or
families in the moderate income segment of the affordable housing group. If the,
residential units convert to condominiums, ten percent (10 %) of the units will be sold to
individuals or families in the moderate income segment of the affordable housing group.
In analyzing compliance with this paragraph, the City shall allow minor deviations
resulting from short-term vacancies. Incomes shall be based on Area Median Income
(AMI), as defined by the U.S. Department of Housing and Urban Development. Proof of
Compliance with this requirement on an annual basis shall be provided in writing on or
before January 15 of the following year to the City Manager. In addition, the Applicant
shall make a payment of $100,000 to the City on or before the issuance of the first
certificate of use and occupancy for the development on the Property, to be placed in a
City trust fund to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
kFECEIV E E MIAMI 1754192.1 7743027649 EB 2.5 2009
2/24/09 2:41 PM
r CffY MANAGER'S OFFICE
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
The moderate, income segment is defined by the United States Department of Housing
and Urban Development as individuals or families with incomes between 80 and 120 percent of
the Area Median Income (AMI). The "denominator" in calculating the annual income of persons
or families when reviewing prospective occupants for residency is based on the AMI. The AMI
for Miami -Dade County for 2008 is $49,200. A 2009 rate has not yet been published.
The Development Agreement requires that a minimum of ten percent (10 %) of units at
Red Road Commons will rent to individuals or families meeting such moderate income
requirements. Eighty to one - hundred twenty percent (80 -120 %) of the AMI results in an annual
per unit income between $39,360 and $59,040. Pursuant to the Development Agreement, RRC
57'h Avenue, LLC intends to comply with the terms of Paragraph 2(f) and to provide proof of
such compliance in writing on or before January 15, 2010 to the City Manager, and to provide
ongoing compliance notification on or before January 15 of each successive year where the
Development Agreement is in effect. In addition, pursuant to Paragraph 2(f), RRC 57th Avenue,
LLC shall make a payment of $100,000 to the City on or before the issuance of the first
Certificate of Use and Occupancy for development on the property, to be placed in a City Trust
Fund to assist in this development -of low Income housing -in the City's Community
Redevelopment Agency area.
If you or your staff need further clarification on these requirements or have any additional.
questions, please let me know.
Thank you for your continued cooperation.
Sincerely,
Jer B. Proctor
JBP: id
cc: Stephen David, CRA Director, City of South Miami
Jay Jacobson, Wood Partners
Bernard Felder, Wood Partners
Steven Wernick, Esq.
Sandford Youkilis, Interim Planning Director, City of South Miami
Luis Figueredo, Esq., City Attorney, City of South Miami
MIAMI 1754192.1 7743027649
2/24/09 2:41 PM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
EXHIBIT A
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CITY OF SOUTH MIAMI
AFFORDABLE HOUSING ADVISORY COMMITTEE
Meeting Minutes
Thursday, February 19, 2009
I. Call to Order and the Pledge of Allegiance to the Flag
II. Roll Call
Committee Members
Juan Rojas
Nancy Cobb
Dorolyn Dean
Jacqueline Coefield
Staff Guests
Stephen David Jerry Proctor, Attorney, Jay Jacobson, Wood Partners
Director, Illene Lane, Visitor, Sharon McCain, Visitor,
Velma Palmer, Commissioner
IV. Committee Work Program
E. Read Road Commons Affordable Housing Development Agreement
(Note: that this item was taken out of order and moved up on the agenda at the request of the
Committee)
Staff provided background on the item indicating that the Red Road Commons Development
has been a on -going topic of the Affordable Housing Committee in terms of the completion
date for construction and the eventual affordability of the required units as per the existing
development agreement. The Committee was informed that staff recently met with the leasing
company for the project's apartment units and that during the meeting several topics were
discussed concerning the price of the rental units and income eligibility calculations for future
affordable housing tenants. It was further explained that during the meeting additional
clarification from the City regarding the affordability of the units was requested by the leasing
representatives. It was mentioned that given the Committee's on -going interest and expertise
in the area, the item was brought before the Committee for an in depth evaluation of the
affordable housing rent requirements for the project.
Mr. Jay Jacobson, Director of Wood Partners offered to explain the company's commitment to
all requirements stated in the development agreement issued by the City of South Miami. Mr.
Jacobson proceeded to explain his company's expertise in the field of mixed -use housing
development and in affordable housing in particular. Mr. Jacobson then outlined the various
commitments that have either already been fulfilled or shall be fulfilled by Wood Partners
including hiring from within the SMCRA Community. As it relates to the affordability
requirements for the project, Mr. Jacobson explained that his company was willing to fulfill all
requirements as outlined in the executed development agreement. Mr. Jacobson's
interpretation of the affordable housing requirements in the development agreement is that
H.U.D. Guidelines shall be utilized in determining the income eligibility levels of the
"moderate income" segment of the affordable housing group. Also according to Mr. Jacobson,
the determination of specific affordable rents was not a requirement of the development
agreement but that the developer affordable units provide for the "moderate income" segment
of the affordable housing group. According to Mr. Jacobson, the total project would consist of
405 units of which 10% of the total units or a total of 41 units be rented to the "moderate
income" segment of the affordable housing group. Mr. Jacobson further stated that his
understanding of H.U.D. guidelines is that the definition of "moderate income" individuals
was individuals making between 80% to 120% of the area medium income which for Miami -
Dade County is $49,200. According to Mr. Jacobson, Wood Partners has committed and shall
continue to commit to providing affordable housing units to this 80% to 120 % segment of the
population. According to Mr. Jacobson, a potential tenant's ability to afford a particular unit
would also be based on the tenant's ability to pay approximately 40% of their monthly income
for rent. Mr. Jacobson further stated that approximately 75% of their housing units would
- _ cater to individuals within the aforementioned "moderate income" range. Also according to
Mr. Jacobson, the projected rent rate of the lowest priced 1- bedroom unit, after rent
concessions and other available discounts would be $1,216.
A discussion then ensued between various Committee Members and representatives of Wood
Partners regarding the Committee consensus that average individual could not afford to pay for
the currently proposed rental rents identified in the proposed rental price schedule received
from the Wood Partners leasing company which indicated $1,499 for the smallest, 1- bedroom
unit and a starting rental rate of $3,300 for the 3- bedroom unit. According ,to several
Committee Members, even they would not be able to afford the currently proposed rents. A
discussion then ensued regarding possible amendments which could be made to the existing
development agreement to ensure housing affordability for the average housing applicant.
Wood Partners .representatives. explained that extensive due diligence by the City of South
Miami and Wood Partners went into crafting the language in the existing development
agreement.. According to Mr. Jacobson, any amendments to the existing agreement should
have been .included in the agreement when it was initially created.
The Committee then also asked Wood Partners representatives for how long they were
required to maintain affordability of the required units. According. to Wood Partners
representatives and according to the requirements of the development agreement, they would
be required _to maintain the affordability of the units for ten years from the execution date of
the.development agreement which according Wood's representatives was March 29, 2007. The
Committee further suggested that affordability, of the required units be maintained for a total of
ten years from the time the first certificate of occupancy for the project is issued.
The representatives from Wood Partners were then asked whether they had any additional
information to provide to the Committee. Mr. Jacobson indicated that he understood the
2
Committee's frustration with what they perceived to be affordable rents however Mr. Jacobson
again indicated that Wood Partners was extremely committed to adhering to all of the
prescribed requirements mandated by the City of South Miami including all affordable
housing guidelines contained in the existing development agreement. Mr. Jacobson further
stated his prior understanding was that the City was previously satisfied with the provisions of
the development agreement when it was originally created and executed. Mr. Proctor also
stated that Wood Partners would have an on -site manager available to distribute rental
information, attend City and or SMCRA Meetings and to meet with individual community
residents regarding the project and the potential leasing of the units. Mr. Proctor further stated
that he believed that based on prior involvement with the City during the past three to four
years that the Red Road Commons Project was the most heavily negotiated and financed
project in terms of positive benefits to the City in the entire history of the City of South Miami.
Commissioner Palmer expressed here belief that a good faith effort had not been exercised by
the developer as it relates to the provision of affordable housing as mandated by the executed
development agreement.
The Committee then asked the Wood Partner representatives if a suitable agreement regarding
rental rates was not able to be reached by the City of South Miami and Wood Partners that a
separate agreement should be created to allow Wood Partners to develop the required 41
affordable housing units on another site somewhere within the SMCRA area. Mr. Jacobson
indicated that if the SMCRA did indeed have a piece of property for development the only
issue prohibiting affordable housing construction would be the ability to obtain financing
during these difficult economic times.
F. City of South Miami Affordable Housing Policy Recommendation
(Note: that this item was taken out of order and moved up on the agenda at the request of the
Committee)
A discussion then ensued regarding the formulation of recommendation regarding the Red
Road Commons Project to be forwarded for consideration by the City Commission. Based on
detailed discussion by. the Committee, the following motion and recommendation was
unanimously approved by the Committee:
Committee Recommendation
"A recommendation that the affordable rents for 10% of the affordable units identified in the
development agreement between the City of South Miami and RRC 57`h Avenue LLC be
established by the following 2009 U.S. Department of Housing and Urban Development Fair
Market Rent Calculations:
(Final 2009 U.S. H.U.D. FMR Rental Rates By Unit Bedrooms)
1- Bedroom 2- Bedroom 3- Bedroom 4- Bedroom
$953 1 $1,156 $9,479 $9,728
The motion went on to state that affordability of the units be maintained for a ten (10) year
period following issuance of the first certificate of occupancy and that if a an acceptable
agreement regarding. the rent is not able to be reached by both parties that a separate
agreement be entered into whereas Wood Partners would provide for and rent the previously
required forty -one (41) affordable units somewhere off -site in a different location in the
SMCRA and possibly on the SMCRA acquired properties previously conceived as the mixed -
use affordable housing development, Madison Square. The Committee also recommended
strong support of the City Manager's letter to Wood Partners Attorney, Jerry Proctor dated
February 13, 2009.
III Administrative Matters
A) Approval of the Minutes —January 15, 2009
A motion was made and seconded to approve the January 15, 2009 Minutes. The minutes
were then unanimously approved by a vote of 4 -0.
V. Staff Report — (On -Going Projects)
Staff provided a status report on the BMG foreclosure prevention program who provided a
presentation to the Affordable Housing Committee during their January 15, 2009 Meeting.
Staff also provided an update on current affordable housing construction and on the
purchase of blighted properties for the proposed development of new affordable housing.
VI. Adjournment
The Committee adjourned at 9:05 p.m.
SDAAffordable Housing Committee Minutes 02 -19 -09
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'-his instrument prepared under the supervision:
and "then recorded return to:
Jerry B. Proctor, Esq.
Bilzi.n Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
?.9ianu, Florida .1313! -2336
DEVELOPMENT AGREEMENT
CFN 2007RO328886
OR Bk 2506 P`ss 0052 - 721 (21R9s)
RECORDED 03/30/2007 15102231
HARVEY RUVINt CLERK OF COURT
MIAMI -DADE COUNTY. FLORIDA
(Space Reserved for Clerk)
This Development Agreement is made as of this : IC day ofMAY�, 2007, by and
between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57`h
Avenue, LLC ( "Applicant ").
ntarily makes, declares, and imposes on the property described
Applicant hereby volu
below, this agreement running with the title to the land, which shall be binding on and shall inure
to tile benefit of the Applicant, successors and assigns, mortgagees, lessees, and against al.l
persons claiming by, through, or under them until such time as this Development Agreement
( "Development Agreement ") is released in writing as hereinafter provided;
13'HLXC_4S, Appliczutt o.w-rts the property 6600-6640 City,
S b4� 57 Avenue Miami-Dade andu575,7 SW fib
legally described on Exhibit "A ", also known as
.Street (the "Property "), and
FYHF_XF.AS, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (N'U-4) (Transit Oriented Development District) to PUD -M (Planned Unit
Development -Mixed Use), and to obtain site plan approval (the "Application "), and
J47HEREAS, the Florida Local Government Development Agreement Act, set forth in
sections 163.3220 - 1633243, Florida Statutes, (the "Act ") provides for the execution of
development agreements to insure that the law in effect at the time of the execution of the
development. agreement shall govern the development of the land for the duration of the
agreement.
NOW. pJJFF J?EFORE, in consideration of the covenants, conditions, and promises herein
contained, the receipt and sufficiency of which are expressly acknowledged, Applicant and the
City hereby agree as follows:
MIAMI X1931O.15 7326021531
,2 u7 EXHIBIT "A"
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 PUD
Approvals.
2. Public Facilities: In order to enhance public facilities in the City of South
Miami, Applicant agrees to provide services in compliance with Section 204.1 of
the Code of the City of South Miami, including:
a. Water and Sewer services that comply with all requirements of Miami -Dade
County for any building prior to issuance of a final Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Nfiami Dade County
for any building prior to issuance of a final Certificate of Use and Occupancy.
C. Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donate $928,000 in one lump sum as its responsibility for meeting -park and
recreation concurrency. Payment shall be made on or before receipt of the first
building permit and shall include any interest or carrying cost incurred by the City
until receipt of the payment. Interest calculations are indicated on attached
Exhibit "B ", incorporated herein by reference.
e. Traffic- Applicant will obtain necessary governmental approvals, and. cause to
have placed and operational a separate left -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
MLAM 819310.15 7326021531 2
3/29/07
► ,
Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvernent.s and landscaping in the center of Red Road (SW 57
Avenue) .directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the. beautification improvements.
C Housing — A requirement of ten percent (10 %) of the units will rent to individuals
or families in the moderate income segment of the affordable housing group. If
the residential units convert to condominiums, ten percent (10 %) of the units will
be sold to individuals or families in the moderate income segment of the
affordable housing group. In analyzing compliance with this paragraph, the City
shall allow minor deviations resulting from short-term vacancies. Incomes shall
be based on Area Median Income (.AMI), as defined by the U.S. Depaittnent 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
follov.ing year to the Citv Manager. In addition, the Applicant shall make a
payment of 5100,000 to the City on or before the issuance of the first certificate of
use and occupancy for the development on the Property, to be placed in a City
trust fluid to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
�. Taxes: Applicant agrees to pay all faxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Property Owner receives an
exemption for paying Operating Millage Taxes from 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 O'wner's rights to file appeals of
Tax Assessments for the Property, in accordance with the laws of Miami -Dade
County.
4. Work Force: In an effort to enhance job 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 (1) bids for construction work on the
Property, (2) bids for temporary or permanent 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 from the City of South Miami, provided such
candidates are qualified for thiz 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. Payment for the positions shall be. at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
MIAMI 519310.15 7326021531
3P- 29/07
5. Site Plan-
a. Applicant shall retain storm water. drainage runoff on site in accordance with City
regulations.
b. Applicant shall provide on site security. -As part of on site security to be provided
by the Applicant, the Applicant shall monitor and keep operable the security gate
to the proposed parking garage and make .arrangements to assure emergency
access by public safety vehicles.
C. Tlie entrance at Levante Ave. shall be signalized and approaches installed based
on approval by Miami -Dade County and the State of Florida Department of
Transportation.
d. The exit for the driveway onto SW 66 Street shall be designed and operated as a
right turn out only driveway. The exit shall be closed with a gate to prevent turn
out bet%veen the hours of 7:00 A.M. and 10:00 A- ., Monday through Friday.
e. Applicant shall provide a minimum of one (l) stop location on site for service by
the HurrvCatte shuttle. The shuttle stop locations shall not interfere with SW 57
Avenue traffic. All HutryCane 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 FP1_ 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 FP'L facility and the South Miami Community Center. The row of
trees to be located on the City's property between the FPI, facility and the South
Miami Community Center shall be uniform in appearance and consist of not less
than 25 trees in the row.
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 parkins.
i. Applicant shall provide a master signage plan for project identification, traffic,
routing, and retail stores prior to final project approval by the Environmental
Review and .Preservation Board (ERPB).
j. Applicant shall limit on site lighting property edges to 2 foot - candles of intensity
at an 18 inch height. Within six months of project completion the applicant is to
provide a certified report on the mandated illumination level.
k. Applicant is to assure that the refuse service areas shall be large enough to
accommodate adequate dumpsters. The final number and dimensions of service
IMIAh71 919310.15 :3260215_ 1 4
3r�9,'p;
areas shall be mandated by the Environmental Review and Preservation Board
(ERPB) at final approval stage and adopted and incorporated as an exhibit to the
Development Agreement prior to final approval of the Development Agreement.
All parking and street improvements placed on the public right -of -way on SW 57
Avenue by the Applicant shall be maintained with funds from a maintenance bond
to be posted prior to permit issuance in accordance with rules of the Florida
Department of Transportation. Proof of posting of the bond shall be provided to
the City.
In. Applicant trust limit -the types of retail establislunents in order to assure that the
required parking does not exceed the initial retail parking allocation in the
adopted master site plan. Applicant to provide the City an initial parking plan for
retail stores and shall maintain the allocated number of spaces for each occupant.
n. Applicant shall install all sidewalks as shown on the adopted master site plan.
o. Applicant shall open up the paseo on the 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 tesidential 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 the loading zones shall be attached as an exhibit to the Development
Agreement.
q. Applicant understands and agrees that the City may eliminate the on- street
Parkin(-, spaces located on SW .66 Street.
r. Applicant shall provide 1,001 . parking spaces [which may be reduced in
accordance with Condition #5q, requiring removal of on- street parking on SW 66
Street], through a combination of parking garage, a small surface lot, and on -site
street parking.
S. The Applicant will commit to participate in a joint working group with the First
Methodist Church of South Miami and municipal, county and state asencies to
devise a plan mutually agreeable to Applicant and the First United Methodist
Church of South Miami, for pedestrians improvements and beautification for Red
Road. Applicant will contribute. the construction cost of specific pedestrian
enhancements agreed upon by Applicant and the First United Methodist Church
of South Miami.
The Applicant will present plans for traffic permits indicating travel lanes of 10.5
feet can Red Road (SW 57.Avenue) and, if approved, will create an enhanced
"landing zone" for pedestrians in the center of Red Road between the Property
and the First United Methodist Church to the east, subject to the approval of
Iv1.iami -Dade County and the State of Florida Department of Transportation.
1.41 AM[ S 1 J3 1 v. IS 732607-1531
3:21 WO
t. The Applicant shall not exceed a noise level equal to the ambient background
level at 10:00 P.M. at a location adjacent to the Property to be selected by the
Planning Director; said location may change from time to time.
U. The Applicant shall obtain approval froth the City of a parking plan for
construction workers prior to the issuance of a building permit.
G. 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 determines will enhance the curriculum and
___ - -- - -_ --the students'- attendin.g_the._subject _ schooI's _educational. experience. Terms of the
donation and student generation analysis are contained in the School impact
Review .: 4nalysis dated November. 16, 2004, attached to this Development
Agreement and hereby incorporated by reference.
T. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the
requirements of Section 20- 3.7(B)(1.), City Code.
NOW THEREFORE, the City, in consideration of the premises, hereby agrees as
follows:
S. Vestiniz. 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 do«mzoning application by the City and shall not be subject to any
development moratorium, referenda action, ordinances, policies, or procedures
enacted by the City that limits the development contemplated by this Agreement
and depicted in the Master Plan. Any failure by this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Applicant of
the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
9. impact Fees. The Property shall not be subject to any new impact fees imposed
by the City after the adoption of the Resolution approving this Development
Agreement.
MIAMI 819310.15 732602 153 1 G
329%0'
10. Concurrency and Consistency. The Application together with the Applicant's
performance under the Development Agreement satisfies the concurrency
requirements, as delineated in Section 20 -4.1, City Code. By execution of this
Agreement, the City acknowledges that the application for site plan approval
meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code,
and that the rezoning and site plan application and this Agreement are consistent
with the City Comprehensive Plan and Land Development Regulations.
Additional Requirements:
IL Term of Agreement. The provisions of this Development Agreement shall
become effective upon its recordation in the public records of Miami -Dade
County, Florida, and shall continue in effect for a period of ten (10) years after the
date of such recordation, after which it may be extended by mutual consent of all
legal and equitable owners of the Property, and the City of South Miami upon
approval at a public hearing.
t 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 annual report at least 30 days prior to the
annual review date. This report shall contain a section -by- section listing of what
obligations have been met and the date finalized, as good faith compliance with
the terms of the agreement. The City Commission shall review the annual report
at a public meeting. If the City Commission finds, on the basis of substantial
competent evidence, that there-has been a' failure to comply with'the 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 15 -day notice period to begin to cure
the non - compliance, after which the Agreement may be revoked or modified by
the City. The obligation to submit an annual report shall conclude upon the date
on which the agreement is terminated.
13. Modification. The provisions of this Development Agreement may be amended,
added to, derogated, deleted, modified, or changed from tithe to time by recorded
instrument executed by the then owners of the Property and the City. Any
modifications to the Site Plan must comply with the regulations for amendment to
PUD -M . development contained in Chapter 20 of the City Land Development
Code.
14. Enforcement. The City, its successor or assigns, and the Applicant, its
successors and assigns, shall have the right to enforce the provisions of this
Development Agreement. Enforcement shall be by action at law or in equity
against any parties or persons violating or attempting to violate any covenants,
either to restrain violation or to recover damages or both. The prevailing party in
the action or suit shall be entitled to recover, in addition to costs and
M IAM 1 819310.11 '73 26021531
3;291107
disbursements allowed by law, such sum as the court" may adjudge to be
reasonable for the services of its attorney. Attorney's fees payable under this
paragraph shall not exceed 25% of the judgment.
15. Inspection. Nothing in this Agreement shall be construed to waive or limit the
City's governmental authority as a municipal corporation and political subdivision
of the State of Florida. The Applicant, therefore understands and agrees that any
official inspector of the City of South Miami, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
"investigating the use of the premises to determine .whether the Property complies
with building and zoning regulations and the conditions herein.
16. Authorization to Withhold Permits and Inspections. In the event the
Applicant(s) is/are obligated to make payments or improvements under the terms
of this Development Agreement and such payments are not made as required, or
such improvements are not made as required, in addition to any other remedies
available, the City of South Miami is hereby authorized to withhold any further
perniits on the. portion of the Property failing to comply.with this Development
Agreement, and refuse t6 giant any inspections, any approvals, or any certificates
of occupancy with regard to that portion of the Property until such time this
Development Agreement is complied with. --
17. Representations of the Applicant. Applicant represents to the City as follows:
a. The execution, delivery and, performance of this Agreement and all other
instruments and agreements xecuted in connection with this Agreement have
been properly authorized by the Applicant and do not require further approval by
Applicant.
b. This Agreement has been properly executed, and constitutes Applicant's legal,
valid and binding obligations, enforceable against Applicant in accordance with
its t.emis.
There are no actions, suits or proceedings pending or threatened against or
affecting Applicant before any court or governmental agency that would in any
material way affect Applicant's ability to perform this Agreement.
d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this
Agreement to be amended, modified, canceled or terminated, except pursuant to
its express terns, and shall take all actions necessary to ensure that this
Agreement shall remain in full force and effect at all times:
Applicant has the financial capacity to pay or advance in the City all fees and
payments as .required under this Agreement.
18. Severability. If any provision of this Development Agreement or the application
thereof to any person or circumstances is held invalid, prohibited, or
unenforceable for any reason, this the Development Agreement shall be
MIAMI 819. 10.15 7326021531 $
3 %2Jr(i?
ineffective only to such extent and the remaining provisions shall continue to be
given full force and effect so far as possible.
19. Joint Preparation.. This Agreement has been drafted with the participation of
the City and Applicant and their counsel, and shall be construed against the
Applicant in issues of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items or
terms 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 Headinim Paragraph headings are for convenience only and
shall not be used to construe or interpret this Agreement.
22: Applicable Laws, Jurisdiction. and Venue. This Agreement shall be governed
by and interpreted, construed, and enforced in accordance with the internal laws
of Florida without regard to principles of conflicts of law. This Agreement may
be enforced as provided in Section 163.3243, Florida Statutes. Venue for any
litigation pertaining to the subject matter hereof shall be exclusively in Miami -
Dade County, Florida.
23. Notices. Any notices or reports required by this Agreement shall be sent to the
following:
For the Citv:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
Cop), to:
Planning Director
Planning and Community Development, Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
MIAMI S19310.15 7326021531 9
3129!07
For the Applicant:
Irma Abella, Esq.
General Counsel's Office
University of Miami
1320 South Dixie Highway, Suite 150
Coral Gables, F1. 33125
Coav to:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 So. Biscayne Boulevard, Suite 2500
Miami, Fl. 33 131
24. Waivers. No failure or delay by Applicant or the City to insist upon the strict
performance of any covenant, agreement, terns 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,
- agreenrant- ternl or- cond- i -tion_ NTo- covenant,._a- rezrnent, .term, or condition of this
Agreement and no breach thereof shall be waived, altered or modified except by
- - written instrument. No waiver of- -any bleach, shall - affect or alter this Agreement,
-- but each and every covenant, agreement, term 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 Beneticiarv. This Agreement is exclusively for the benefit of the
parties hereto and their Affiliates and it may not be enforced by any party other
than the parties to this Agreement and shall not give rise to liability to any third
party other than the authorized successors and assigns of the parties hereto.
26. Survival. Any covenant, terns or provision of this Agreement which, in order to
be effective, must survive the tern of this Agreement, shall survive any
which shall
such temlination including without limitation, paragraphs 2,-3 and 6
survive this Agreement.
27. Periods of Time. Whenever any determination is to be made or action is to be
taken on a date specified in this Agreement, if such date shall fall on a Saturday,
Sunday or legal holiday, then in such event said date shall be extended to the next
day which is not a Saturday, Sunday or legal holiday.
28. Entire karee"Dent. This Agreement sets forth the entire agreement between the
parties hereto with respect to the subject matter hereof. All a� eements,
covenants, representations; and warranties, express or implied, oral or written. of
the parties with respect to the subject ►natter hereof are contained herein. No other
agreements, covenants, .representations, or warranties, 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,
111RM1 &193;0.15 10
3i29;L)?
discussions, negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereof, are waived,
merged herein and superseded. hereby. Each party affirmatively represents that no
promises have been made to that party that are not contained in this Agreement,
and the Exhibits, and stipulates that no evidence of any promises not contained in
this Agreement, and the Exhibits, shall be admitted into evidence on its behalf.
This Agreement shall not be supplemented, amended or modified by. any course
of dealing, course of performance or uses of trade and may only be amended or
modified by a written instrument duly executed by officers of both parties.
29. Counterparts. This Agreement may be executed (including by facsimile) in one
or more counterparts, and by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an original but all of which
taken together shall constitute one and the same agreement:
30. Recordation. Within 20 days after the Development. Agreement has been si.gned
- by both the Applicant and the City, the Applicant shall. cause a copy of the
Development Agreement to be recorded at the Applicant's expense in the registry
of deeds in Miami -Dade County.
31. Exhibits. All exhibits attached hereto contain additional terms of this. Agreement
and are incorporated herein by reference.
32. Effectiveness. This Development Agreement shall become effective after the
approval of the applications for rezoning and site plan approval and the expiration
of any appeal periods. The approval of the applications for rezoning and site plan
approval and of the application for approval of this Development Agreement,
shall not become effective until the Park donation is established and agreed upon
by the Applicant and the City in accordance with Paragraph #2d. If the Park
donation is not established in accordance with Paragraph #2d, the applications for
rezoning, site plan approval, and approval of this Development Agreement shall
be considered withdrawn without prejudice by the Applicant.
I.N 1,pyTiv'ESS WHEREOF, these presents have been executed this a� day of
i� LL►rt�l'1 .2007.
N4IAMI S193lt).15 7326021531 ] l
: ;39M,
ACKNOWLEDGMENT AND ACCEPTANCE.
BY CITY OF SOUTH MIAA1I
KKTO TVALL MEN BY THESE PRESENTS that:
The City of South Miami acknowledges and accepts the foregoing Development
Agreement and each and all of the terms and provisions contained therein,
dated and attached hereto.
DATED this a qI . day of J�li'G'!� , 2007.
CITY OF SOUTH MIAIVIIi�
By:
jyjLvomije S ter-McKinley
City Manager
lvtcu to - . -• --
STATE OF
) SS
�t r )
COUNTY' OF �: f
The foregoing in�/stnlment u-as acknowledged before me this day of ���� 2007 by
.,4 �hj/� n u, {ter �%G �4�y of the City of South Miami and attested to by
P�ria M. Menendez ' , City Clerk, of the City of South Miami who are ( )personally known
to or ( j produced a valid driver's license as identification.
Maria M. Menendez
Notary Publi
Sign Name: 'E �'�C•�: -•` . `
Print Name: : � tad. Menendez
My Commission Expires:
Serial No. (None, i.fblank-):
[NOTARIAL SEAL)
HiARIP.1Jl. h E3JEAlE)
y �.7Y COMMISSION C OA 271979
�Fatfl�R EXPIRES: Mw tt td, ZOW
310 1, 7;26021531 -
y11:�!.41 err?:. j_qj )rj. Lt l =
312S!07
IN WITNESS WHE OF, the undersigned party has agreed to this Development
Agreement dated as of the day of , 2007.
0
Print Name: a'rr*AcL + ` AeaLq
Print Name:
RRC 57n4 Avenue, LLC, a Florida
limited liability company
By: University of Miami, a Florida non - profit
corporation, its s e member
tkne: Joseph toli
Title: Senior l ice President 'for. Business
and Finance
STATE OF FLORIDA ).
) SS:
COUNTY OF MIAMI -DADE) A
The foregoing instrument was acknowledged before me this/} day o
2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity
of Miami, a Florida non - profit corporation, the Sole Member of RRC 57a' Avenue, LLC, a
Florida limited liability company. lip/She is personally known to me, or has produced a State of
driver's license as identification..
� r
My Commission Expires:
[NOTARY SEAL]
NOTARY PUBLIC -STATE OF FLORIDA
Melody M., Smith
Commission #DD58 811
Fapires: OCT. 10,
B0,49 D THRLI A31/,RSSC Bo ,, XG CO., INC.
MWA9I 81931 0.15 7326021531 13
3/28/07
I
i
1
I
_ I
i
y
E) PHIBIT "A"
. Legal Description
Parcel t• the Plat thereof, As
All of Tract 1, of el>e REVISED -PLAT OF I'ER.N�JOOD, according Q ►
recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County; Florida, less
-the South 4.75.657 feet of the West 100 feet, and less also the East 150•feet of the South 330 foot,
and less also the South 125 fleet of the West 175 feet of the East 325 feet, and less also the East
75 feet of the Vilest 175 feet of the South 125 feet. of said Tract.
Parcel 2: '
The East 75 feet•of the West 175 feet of the South 125 feet of Tract •1, of RSVISID PLAT OF
1{ERNWOOD, 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 BE 1/4 of the. NE '/4 of the SE'/ 'of Section 25, Township 54 South,
,
Range 40 East, less the North 25 feet of the North 132 foot of the SE '/4 of the NE 3/1 of the Sfi `/<
of Section 25, Township 54 South, Range 40 East.
40 East,
Thatpart ofthe SE % of the NE• %4 of the BE % of Section 25, Township 54 $oath, Range
deseffbed as follows'
Begin at the SE comer of szzd SE %4 of the NE 1/4 of the SE ' /.; thenct run 'Vest along the South
line of said BE '/4 of the NE 1/4. of the SE 1 for a distance of 185 feet fox a point of Beginning;
thence run North parallel to. the East line .of said SE '/4 of the NE i/4 oft he, SE 14 for a distance of
150 feet; thence ruri West parallel to the South line of said SE '/4 of the NE 1/ of the SE '/4 fora
foi
distance of 10m feet; thence run parallel'to the East line of said• SE V4 of the NE % of the SE 1/4
a distance of 150 feet to the South line of said BE %4 of the NE 1/4 of the SE '/4; thence run East
along said South line of the SE % of the NI; % of the SE' /4 fora distance of 100 feet to the Point
of Beginning, less the South 25 feet for public road purposes. .
•PKwl 5:
The Norfb' 180 feet of the South 330 feet of the East 150 feet of Tract 1, of REVISED PLAT OF
FERTJWOOD, according. to the Plat- thereof, as recorded in, Plat Book 35, at Page 72, of the
Public Records of lviiami Dade County, Florida.
Parcel 6: accordin. to the Plat thereof, as
A portion of Tract 1, REVISED PLAT OF FERNWOOD, g
recorded in Plat Book 35, at'Page 72, of'the Public Reeords.of Miami -Dade County, Rloridk
more particularly described as follow$:
That part of the 'Southeast Quart er of the Northeast Quarter of the Southeast Quarter of Section
25, Township 54 South, Range 40 East, described as follows:
Begin at the Southeast comer of said Southeast Quarter of North Quarter of Southeast
.N.9AW 12SE979.17332426731
OR BK 2549& PG 0051
EAST PACE
Quarter; thence run West along the South line of said Southeast Quarter of Northeast Quarter of
Southeast Qumrter for a distance of 285 feet for POINT OF BEGINNING thence run North
parallel to East line of said Southeast Qua said Northeast Quarter of S outbeast Quarter lu f
thence rot West parallel to South lime of said Southeast Quarter
Southeast Quarter 75 feet; thence run South parallel to thrr, East line of said Southeast Quarter of
Northeast Quarter of Southeast Quarter• 15D 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
I BEGINNING, HESS the South 25 feet for public road_
MIAMI 1256979.1 7332426731
JWDROAD PROPAR7M UC
1110 mank chase Parjhv-v
sufte 1517 -
WACHavwmilic om&NA
MIAW&C-A
'Afad,wa. CA JW67-4429 DATE CKBCK MD.
(770) 951.8989 January M 2008
pay •,.897• thous3rsd 'B95' do0sm and 2D =Is
-F-SOUMMIAW
—CAT? b
'ro TM snoSMSETI)RIVE
G9004 01F SOUTH h4LAMI.-OL 33143
..........
2 3EM
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JP0000001?1V 1:
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EXHIBIT "B"
Page I of
Page I of I
>
=73 TpC=3575
EXHIBIT "B"
Page I of
Page I of I
TRAFFIC vNIMNEERINa. DIV, QO02
I6:57 FAX, 3M&720064
PMAITS OFFICE
STATE 0FjF1w0RWX DEC I
NT or Tp-kN-SPORTATTON
DEPARTM 0
SPECIAL PERN11T I
MIAMI
008 K f690 094
nvuer
suM ROAD WQ!
% OtEybSr 0,6M:
. T4
sit
fri�D d Ca
Tr 7..
m
LOW ocvertzrriera cdtlumt
Nsunc 01,'Mumc4Wii)r COPAL GAVIM- bvpIv iried, add
'wIDI)es. both terizl 4nd =6 goerta
are SboV%jj4 the drnwfr is lag j ppjjmblz), A
to *4followl-'q
3. It 13 48"Iv npujal= U.= -M
pySlitpmpCiif'irutatiut:ta tics
qz . aiz.—ast.
---= —— - ;ed- d. W UMOP-bati.an ft"111Y, Or
e-'acmictotstwl immefately fcM
required: tbia Dg
4Jawl g the P- tri sac's
1* Standards. Sp=ffichcoof for Road and Mao
5. J'jj 'Wjt� hill, viomt Dcphrtmw4's RDhd.w9Y and Tfift'D*s gn the
id it the-, �a�'OePCrialt
C.-wevejo, end ofid ippllczwt oiteria b CB.
S. D-ALDE ??Agjr�—
i-mspwlon supwvfsion Of I k�- 0
— . w .- (41).WU I PT - t
&L--2fiL-xvR— . This dzs1rm' -v-
I I I C� ccnjblioijvr) rnedifti; and "'I" im�' late AjjVd 94UiP31CM Shell b-
t4d
wbjj--t 10 j.-Ispettion ky.the d=;gnsted. emg'mecr 0 his =3h cn!
as At as PrAzt.cri 1�azpinZ whh Dcpw'=
Aubvc-Altid pmp=w 31%dA be rwo-a ro its ae'stf-al Condition
In .7tarvier SuTfempryto the Vqw-umni, %Mfiln vJr6' 0.,) drys ofom Witill4on of *.z PCanitt--d
werk . urf'cs's Opherwist tppvm by the D'Comm;at PL`, pr cad
7, M
Aii.iiidrove raj,; are required, Yes x.) Na v v�thodz is oc=rdtapprovo
8. The 30 ja_s f m tc
mulm
cause for dcligznd the Dcon6ai—I apom�-'icle— No exte6li- boy-d My=#=t dsl-oftbisL me
9!1811 aa:.cfefro %Y.m the: P"=*� 5ndegfiltura PribTrtrrnitm'
YG spi,64. condidans and Inslu'ucliks bY'&e D--,W'Jres11'
it. r Is grderslobd Amd Wt;d Lilat flit. dr,,# and 11fiviletts t etel"% itA Out am �ratjvirl u.-ly to the Oaczg &M c Sz*' A riAU
tftk wed by the VtMilg 03
led inwt.,t: in lit be tj:urcd upon inz✓r*;t And
jrrj�6,, vild i harmless the -Igjate of Finrids and ft
pojTrjtj_wjlj At&qjl=$, mwm*jal, jisL,3fmhdAnd .3" or
Dcpwitmcn! i. oz and 4ioabwt any Lad ell Bats, duyage, cov, ores' e arilft la my mAnrlerm.
ruery . Ptad exercise by std per nlr= 0MIC aforei—md fthis and privile4m
co.nstruefiar.through M-partmeat a I Offrit - I
12. Dori >g =p1mr-cy. permitted worX a)
obsavzd grad ftholdcrmust lakrinmirm. piastaei and display arlariV dtY100', tilatnuybe necrnivyin
*rdww"fely6Gn64ftht public tbralp� tkor ojed, afft in acordan=wWS the )t pp m
en torrent td-Ition of tht
Raadway gut Traffic DaMp Stan ends Xidex -,;s
as oftenc kwbva dbl: dk% ptrunK (his
Intoc''
void and the. wbit>3RE.b axapliance o: reriwved 5 m wry
Sub-mhltd and ,A4cff,edlk - Co4poula Sew
mphamified Mar,
Traffic plyloon
mlami-Dw t C&Unv Public Allcrks Dept:
Name &rdTtftG!PvtmitU4(71r)ttd) Ariczed
Rrm Ammm6ttl for nppyolmh Daft:
-Mowivus oM StzdAZM2RRVVvV DcOCM6aWZW !i AV & LEVAMT AV.dn-c
EXHIBIT "C"
M
Nu
m
0!,/1312009 IT 18.:59 P.4a 3053l2BO64: TRkFFLG E4GlNEER:I:KG. 61+'
SptCIAL PROVISIONS FOR PERMIT #'2608 K 6.4 5.94.
SECT ION # 87062; STATE LOAD # 959! SW 57 AVE
Perrnlfror a Traffic Signal mplat&rrlent at 5W 5eh Aye end Levant# Ave
fltis ,Permit is to replace the expired permit 2007 K 690 101
1. Coordinate pre oonstnictiort. tneet ingwith' Air . Steve Richardson, a.t(305)2s6-6360, of. asiforty-
eight. (48 ) hours prier to co:nm:encemeiitof work.
?. Subtrt "eta :defailerl Matte r]nsure i`brrit, dehoting v+•ori:. and tune lsiiases:o the d.epartmenf Af ieasfi
two (2),w0els.p!riur to °actual lane closure--work within the F.D.O.T. right -of °rt�a.y. There shall. .
no larie closures between Tha.inlrsgiving and. Nm Year's Eve due to moratorium.
.3. "Iorlmi .g hours'10thin the F. D.O.T. right -of way shall be between the hours of9 310 a;m, And 3:30
p-m., or as directed by the department representative priot t6 corn ericernrierrt of:, brk.
The IN-lain tenance of Tira.it plans m.ky be revised at the thneofthe pre- constructibn.
meeting. MOT must be in accordance with the curren:t°edition of the FOOT Rpadway and
Traffic 1J esib t Stttnciards —Index 600, and M.U.T.C:D. as a minimarn.
5. This permit does: not allow.perinittee to removt.8ny e. xitting sighs or structures. ' ,fifil i the.
Department's Right =.O &Way.
6. Per-mittee is cautioned that utilities nii bt located within the zbnstra:etiob area.
7. ,4ny and all dsma.ged s d°walk, cu b &;goner shall be replaced and/or constructed accordirg.to tie
F.D.0,T. Roadway and TraPiia Design. Stamtdar.Is —Index 30U (current edition), antiror constructed
according to the F.D'.O.-T. Standards Sp=ifications for Road. and Bridge Construction —section 522, lit
full width, frill .length sections.
8. A timpy of this permr i.t and Mans wilt be on the j ob site set ail times dur!, ig the construction of this facility.
-9. V alidi.h' oftfiis permi# is aonti tgenl upon pe.Tmnitree obtazung necessartr permits from all ether agencies
involved_
10. ne per~nittee will ensure that no unsafe areas) for pedestrian ti ill remain during any tirue Of 4136
construction:. The), shall be protected it accordance With the F.D.O.T. Roadway and Trade Design
Standw,ds - Index series 600.
11. The Fermittee shall provide and maintain safe temporary access to all sdjacent property at. all times and
shall maintain accoimnodaticns forrntersecting and crossing traffic within the constructions Zone. No
road cr street crossing shall be blocked or unduly restricted as determined by the ergincer.
12 Any and all damaged i'avemezttmail ints small be.ceplaced according to F.D.i3_T. Roadwgyand.Traffc.
Design Standards.
13. Final mstoration shalt be coordinated with. the Department representative. 4rl portions of the state
right -of way shall be restored within thirty (.0) days upon compl-aden of tbe: permitted installafion.
14. Begiining any work- within. the F.D.O.T. right- of -way associated with this perznit.cia1i5titUte5-
acceptance of these conditions:
0`C;: U ter+?
ZQ03,
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
District Six
6195
DATE: 11/5/07 PERMIT N 7 �I59 P,9
q
SECTION NO: 87062 STATE ROAD NO:
COUNTY: Miami -Dade MILEPOST FROM: TO:
STATE PROJECT NO: (If applicable) RECORD NO:
APPLICANT: Miami Dade County, Public Works Department
ADDRESS; 111 MV 1 Street, Suite 1510
CITY: Miami STATE: FLORIDA ZIP CODE: 33128-1970
TELEPHONE NO.: (305) 375 - 2030
Applicant requests permission from the state of Florida Department ofTransportation, hereinafter called the Department, to construct,
operate and maintain the facility shown on the accompanying engineering as described here: TRAFFIC SIGNAL
RKELACEMENT SW 57 AV & LEVANTF AV
Location of Construction, Street Name and Nearest Intersection:
1. Is the proposed work within the.corporate limits of a municipality: Yes ( X ) No ( )
Name of municipality CORAL GABLES Local Government Contact Mr. Delgado
2. Prior to filing this application, the location of all existing utilities, both aerial and underground has been ascertained, and
the accurate locations are shown on the drawings (as applicable). A letter of notification was mail on 10 / 29 /07
to the following utilitiestcompanies:. EFL, AT &T MDW &SAD Florida city gas MCI.
3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance,
safe and /or efficient operation, alteration, or relocation of any or all portion ofsaid highway and /or transportation facility,
the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation facility, or
reset or relocate thereon as required by the Department at the Permittee's expense.
5. All work shall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge
Construction, and other applicable criteria in effect at the time ofpermit issuance. The work shall be performed under the
inspection supervision of Permit/Maintenance Engineer located at S. DADE MAINT.
Telephone No. (304) 256 - 6360 This designated engineer shall be notified forty-eight (48) hours prior to
the pre - construction meeting and again immediately before commencement ofwork. All material and equipment shall be
subject to inspection by the designated engineer or his authorized representative.
6. All Department. property shall be restored to its original condition as far as practical in keeping with Department
Specifications, and in a manner satisfactory to the Department, within thirty (30) days ofthe installation ofthe permitted
work unless otherwise approved by the Department
7. A drawing covering details ofthis work shall be made apart of this permit This drawing shall include plan, profile, and
cross sections as appropriate, and maybe required to bear the seal of a professional engineer licensed in the State ofFlorida
As built drawings are required: Yes (x ) No( ).
8. The Permute shall commence actual construction in good faith within 30 days from the date of said permit approval
and shall complete construction within _361 days from the commencement ofwork unless the permitted shows good
cause for delay and the Department approves an extension. No extension beyond one (1) year from the date ofthis issuance
ofthis permit will be granted.
9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee.
10. Special Conditions and Instructions by the Department: SEE ATTACHIMHUTIrZI
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent ofthe State's right,
title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and
the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the
Department from and against any'and all loss, damage, cost, or expense arising in any manner on account ofthe exercise or
attempted exercise by said Permittee ofthe aforesaid rights and privileges.
12. During construction through Department acceptance ofthe permitted work, all safety regulations ofthe Department shall be
observed and the holder must take measures, including placement and display of safety devices, that may be necessary in
order to safely conduct the public through the project area in accordance with the Department's current edition of the
Roadway and Traffic Design Standards, Index Series 600, and the Manual of Uniform Traffic Control Devices.
13. In case of non - compliance with the Depa ent's requirements in effect as ofthe approved date ofthis permit, this permit is
void and the work will be brough n o fiance or removed from the right -of -way at no cost to the Department
Submitted and Agreed to by: Ccrporate Seal
Signature of Permittee
Muhammed M. Hason, F.E., Chief,
Traffic Engineering Division
Miami -Dade County Public Works Dept
Name and Title of Permittee (Typed) Attested
Recommended for approval:
� Title: _
Approved by: iLz - ( '--
District Permit Engineer or Authorized Representative
#07 i 690
C:1Documents and Settings4nannyplMy DocumentslDennis Burke pennitdoc
101.
Date:
o NT OA-
.qw
'9&4fV DEVS'-o
lfSh
U.S. Department of Housing and Urban Development
Office of Policy Development ment & Research
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-- The State of- the Housing
Counseling Industry
Prepared for:
U.S. Department of Housing and Urban Development
Office of Policy Development and Research
Washington, DC
Prepared by:
Christopher E. Herbert
JenniferTurnham
Christopher N. Rodger
AM Associates Inc.
Cambridge, MA 02318
September 2008
With respect to ethnicity, 19 percent of the total population of housing counseling clients is Hispanic
and 81 percent is not Hispanic (see Exhibit 7 -3 above). Data from the counseling agency survey
suggests that these clients are not evenly distributed across agencies; as shown in Exhibit 7 -5, about
one - quarter (24 percent) of agencies serve a higher than average share of Hispanic clients (i.e., 20
percent or more of their clients are Hispanic), while three - quarters (76 percent) serve a lower than
average share of Hispanic clients.
Exhibit 7 -5. Distribution of Agencies by Share of Hispanic Clients
,...t
-
-
Less than 1 % of clients are Hispanic
24%
1% to less than 5% of clients are Hispanic
24%
5% to less than 20% of clients are Hispanic
28%
20% or more of clients are non -white
24%
Total
100%
Source: Abt Associates tabulations of HUD 9902 data linked to data from the counseling agency survey.
Note: Based on survey responses of 1,101 agencies.
The types of agencies that are more likely to serve a higher than average share of Hispanic clients
(i.e., more than 20 percent of clients served are Hispanic) are not the same as those likely to serve a
majority non -white population. As shown in Exhibit 7 -6, the types of agencies whose clients are
likely to be more than 20 percent Hispanic are agencies with a housing counseling mission, agencies
that primarily serve pre - purchase clients, and agencies that serve at least 5,000 clients per year.
Income
In the HUD 9902, agencies are required to report the percent of clients served that fall into the
following income categories: less than 50 percent of the area median income (AMI), 50 to 79 percent
of AMI, 80 to 100 percent of AMI, and more than 100 percent of AMI. According to HUD's
definitions, people with incomes below 50 percent of the AMI are considered very low income, while
people with incomes between 50 and 80 percent of the AMI are low income, and people with incomes -
between 80 and 120 percent of the AMI are moderate income.
Most clients that receive housing counseling services from HUD - approved agencies are very low
income or low income. As shown in Exhibit 7 -7, half the clients served in 2007 had incomes below
50 percent of AMI and another 30 percent had incomes between 50 and 80 percent of AMI.
102 Chapter 7. Client Characteristics and Outcomes
A4 0110
Wood Partners - Red Road Commons
WOOD CRA Master Sheet 2008
IA R7wlT.1
CONTRACTOR . COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: January, 2008
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR : COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: Febuary, 2008
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: March, 2008
Average # of Employees: 1 Total Man Hours: 40
CONTRACTOR : COASTAL.CORTRUCTION & FIN FROCK CONSTRUCTION
Month: APRIL, 2008
Average # of Employees: 8 Total Man Hours: 369.5
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: May, 2008
Average # of Employees: 4 Total Man Hours: 315
CONTRACTOR-:- COASTAL�NSTRUCTION= &- FINFROCK- CONS -T- CONSTRUCT ION —
Month: June, 2008
Average # of Employees: 12 Total Man Hours: 457.79
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
FAerage July, 2008 # of Employees: 8 TOTAL MAN HOURS: 939.74
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: August, 2008
Average # of Employees: 4 TOTAL MAN HOURS: 520
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: September, 2008
Average # of Employees: 4 TOTAL MAN HOURS: 517.55
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: October, 2008 .
Average # of Employees: 4 TOTAL MAN HOURS: 635.94
CONTRACTOR : COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: December, 2008
Average # of Employees: 3 TOTAL MAN HOURS: 328.03
TOTAL MAN HOURS: 4377.03
EXHIBIT "E"
-- I--
AWood Partners - Red Road Commons
WOOD CRA Master Sheet - 2009
CONTRACTOR. COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: January, 2009
Average # of Employees: 3 Total Man Hours: 126.52
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: Febuary, 2009
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: March, 2009
Average # of Employees'. 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: APRIL, 2009
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: May, 2009
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: June, 2009
Average # of Employees: 0 Total Man Hours: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: July, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: August, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: September, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
CONTRACTOR. COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: October, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: November, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION
Month: December, 2009
Average # of Employees: 0 TOTAL MAN HOURS: 0
TOTAL MAN HOURS: 126.52
January 23, 2008
Mr. Julian Perez
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
-- -- - -
Re: Red Road Commons Property/Project
- -- - - _ SVV` C' arHeg`ofRad`Road-and =S:W=66` TStreet; SuuthMiam - -- -----
Dear an
To fulfill the requirements of the Development Agreement for the Red Road Commons
project, First United Methodist Church of South Miami has worked with representatives of Red
Road Commons and reached and agreement on the attached roadway improvements to Red Road
between the Church property and the development parcel. The developer has committed to these
improvements along Red Road, at their expense, for the safety and betterment of the community
and our congregation. Accordingly, First United Methodist Church of South Miami is pleased to
endorse these improvements, and verify that the developer has met the spirit and letter of the
Agreement between parties given that the completion of the project will entail each of the items
described I thank the developers and the City of South Miami for the spirit of cooperation,
which undoubtedly will lead to a better community.
Please feel free to contact me should the need arise.
Sincerely,
-A e- ./--
Thomas J. Nelson, Pastor
First United Methodist Church of South Miami
Cc: Mayor Horace G. Feliu, City of South Miami
Jerry B. Proctor, Esq.
Alexis Stilwell, Chair, Trustees/First UMC of South Miami
Victor Dover
EXHIBIT "F"
s
i
RED ROAD COMMONS
Red Road Improvements
_ .................. ............_.._.._........._.. .
1. Push -button "all pedestrian" crosswalk signal phase on
Red Road at Levante Avenue.
2. Better street striping — pedestrian crosswalk between
Church and project.
3. Better pedestrian signals with countdown features.
4. New pedestrian ramps — Levante Avenue and Red Road
Improved safety, better handicapped accessibility. a
5. Shorter pedestrian crossing distance.
6. Additional curbing /sidewalk area on east side of Red
Road at Levante Avenue.
7. Landscaped Median on Red Road between US 1 and
Ponce de Leon Boulevard.
MIAMI 14573 5 8.1 7743027649
1 /16/08 4:39 PM
C Bilzjn Sumberg
ATTORNEYS AT LAY,
Jerry Proctor, Esq.
Tei 305.350.2361
Fax 305.351.2250
IprociorQbiWn.00M
September 27, 2007
Via Hand Delivery
Ms. Corina Esquij rosa School Board
Facilities Planning Miami -Dade County
1450 NE 2 Avenue, Suite 525
Miami, Fl 33130
Re: "Red Road Commons" Development
Property: 6.600 and 6640 SW 57 Avenue and 5757 -SW 68 StPeet, City of
South Miami
Dear Ms. Esquijarosa:
School Board
Pursuant to Clause 6 in the attached ese findeaecheck to herMiam�Dade County Fta�d
Commons" development, enclosed p satisfies the condition
in the amount of $34,800.00. Please confirm in writing that this payment
t and any building permit requirements of the School Board on
of the Development Agreemen
this matter.
Thank you for your cooperation.
Sincerely,
Jerry B. Proctor
JBP:id
cc: Jay Jacobson (wlencl.)
Tia Jessee (w /encl.)
Julian Perez, City of South Miami (w /encl.)
EXHIBIT "G11
M1AIM 1 1415963.1 774303 7649
i 9127107 4:27 PM
aacNt PRirF & AXELROD LLP
:..::
in-
.. ...:,�..... _ . ... ... .... - - - --55; .. =2.
. - .. a.. _ _.__ .__— ��--.`—.. �—_ ..— ..— .- .._r,,.-- _— _-- .r— _�_ —._ —•S JNiT.YtE 1tL5 i. COLOVD OPOC6ROUrl:•pOND01 C9MTIJNS YIC�OPWHfY1G
u,00000006ou, i:06 1000 2 2 ?1: 20000 3 SO409 2 311'
This instrument prepared by:
Jerry B. Proctor, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131 -5340
UNITY OF TITLE
CPH a007RO3288$5
OR Sk 254g6 I:ss ti047 - 51; (5V95)
RECORDED 03/30/2037 15:02:31
HARVEY RUVINr CLERK OF COURT
MIAMI -DADE COUNTYr FLORIDA
(Space Reserved for Clerk of Court)
This Unity of Title made and executed this 90 *.1, day of IMaM4% 2007, by RRC
57th Avenue, LLC, a Florida limited liability company.
_ W�-IEREAS:,1he- undersigned -is the Own e_r_of-that p_r_o__pe.rty- described _as:
6600- 6640 -S-W 57 Avenue and- 5-7-5- 7- SW-68- Street - - -- - -
Folio No.: 09- 4025 - 026 -0010 Folio No.: 09 -4025- 026 -0060
Folio No.: 09 -4025- 026 -0020
Folio No.: 09 -4025- 026 -0030
Legal Description: See Exhibit "A" attached and made a part hereof.
Owner recognizes and acknowledges that for the public health, welfare, safety or
morals, the herein - described property should not be divided into separate parcels
owned by several owners so long as the same is part to the hereinafter use, and
In consideration of $10.00 and for other good and valuable consideration, Owner
hereby agrees to restrict the use of the subject property in the following manner:
That said property shall be considered as one plot, and parcel of
land and that no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety
as one plat or parcel of land:
Owner further agrees that this condition, restriction and limitation shall be
deemed a covenant running with the land and may be recorded, at Owner's expense, in
the Public Records of Miami -Dade County,. Florida and shall remain in full force and
effect and be binding upon the Owner, their heirs, successors, personal representatives
and assigns and upon all mortgagees or lessees until such time as the same may be
released in writing, after approval by resolution passed and adopted by the City
Commission, after public hearing, and executed by the City Manager and City Clerk.
EXHIBIT "H"
Unity of Title
Page 2
The release of the Unity of Title is contingent upon a cessation of the conditions and/or
criteria which originally required the execution of the subject Unity of Title.
[Execution Pages Follow]
1
�1
Unity of Title
Page. 3
Signed, witnessed, executed and acknowledged on this 4— day of
2007.
IN WITNESS WHEREOF, RRC 57`h Avenue, LLC has caused these presents to
be signed in its name by its property officials.
WITNESSES: RRC 57th Avenue, LLC
Print Name:
I �4'hin Ae:.,
�i�i
STATE OF FLORIDA )
SS:
By: University of Miami, a Florida not
for profit corporation, its sole
member
f
By
19
Nam sel T. atoll
Title: enior Vice President for
Business and Finance
COUNTY OF MIAMI -DADE )
f re going instrument was acknowledged before me this atl%ay of
2007, by Joseph T. Natoli as Senior Vice President for
ABuAiss nd Finance, of University of Miami, a Florida not for profit corporation, the
sole member of RRC 57th Avenue, a Florida limited liability corn any, who (check one) [
] are personally known to me or . [ ] have produced
as identification.
i " A_ r�
NOTPIRY PU 57tqtqAjf F1 br
My Commission Expires: Print e: MIAMI Q f.
NOTARY PUBL':C•cTS_TE OF FWRIDA
Melody 14, Smith
:commission #DDS89811
Expires: OCT. 10, 2010
3 goNDED T}iRU; 7 N_nC B0KDLNG CO., INC.