The URL can be used to link to this page

03-17-09 Item 2bSouth Miami NI- America City CITY OF SOUTH MIAMI 111111 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun , City Manager From: Sanford A. Youkilis, Acting Planning Direct Date: March 17 2009 ITEM NO. Subject: Annual Report on Red Road Commons Project 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 405 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, 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. 2 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 fpor 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 a specific monthly rents 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 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 A response of the Developer to the City's affordable housing proposed amendment is contained in the - attached letter dated February 24, 2009 from Mr. Jerry Proctor. This letter reiterates that the developer . will continue to follow the general formulas currently contained in the Development Agreement Section 2f. The direction of the City Commission would be helpful to the Administration in taking action and/or continuing discussion with the developer on this issue. Attachments: 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- SMAffordable Housing Committee Red Road Development Agreement X.• (Comm ltems1200913- 17- 091Revised CM Cover report Red Rd Commons annual.doc BMn Sumberg ATTORNEYS AT LAW 4 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 ECEO FEB 2 5 2009 IWY MANAGER'S Re: RRC 57h 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 57th 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 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 2/25/09 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com 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. 66th 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 120% 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 prior to occupancy on the Property. 3. Taxes: Pursuant to this provision of the Agreement, the Owner has paid taxes to the City of South Miami in an amount equal to.the annual Operating Millage Rate and will continue to do so in the future. 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 a copy of the Unity of Title. MIAMI 1742907.5 7743027649 2/25/09 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 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. Sincer y, "0' 99� 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 � cOUf� P on onn ;eo d • �u\ p / <ORt,l W. Ajibola Balogun, REM, CFEA City Manager February 13, 2009 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 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, Ajibola Balokuh City Manager cc: Luis Figueredo, City Attorney South Miami Sanford Youkilis, Interim Planning Director ksftd Stephen David, CRA Director All- America City Victor Citarella, Building Director 1 11! 2001 C4 Bilzin Sumbei g A T T O R N E Y S AT L A W 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. ECEIVE MIAMI 1754192.1 7743027649 FEB 2.5 2009 2/24/09 2:41 PM a CITY 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 2009 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 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. 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 C-2) BILZIN SUMBERG BAENA PRICE & AXELROD LLP EXHIBIT A SoUT�I U • INCORPORATED • DRAFT 1927 fit O R1V 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 S7`" 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 $1,156 $1,479 $1,728 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 3 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. SWAffordable Housing Committee Minutes 02 -19 -09 0 X1 C O z O a E O 0 11001 O 14+ son O O 2 O V O O O Fft �i O w O O O y O Z y y Q O N �w A1, W V w� V O d E O v C O' H 3 25 atd O d E v s y 0 a Mol d O M �w M O co N -i 0, =I y 3 O O O V O L O L H ■ O 3 v V as .O O .L a 0 a 0 0 0 0 M w U 0: t a� M Q ■--■ O ._ 3 V v d d O O SIMON a a V d E O v w 0 s 3 M am tolls d O d' E'I v Mo 0. 3 Z O ■m O 0 0 00 000 M O E O 0 0 s d 3 O M 0 d y O 0 O 00 ■--■ O _ E am O v � u'Q Mil mil s V m = H O 3 DC 0 Z GE _ � O O i d 0 a `bol O ° s � c O E `■ r to 44 O V _l 4 O O d MINES l 3 MISOM d N � � o � 1 o 0 O V O O N y � O O I O Q Q E O o v c v 11111 � w �+ O O 0 Z y Q d E v M O d � O V 3 d N � � o � 1 o 0 O V O 0 0 0 ao M � O V H o = 0 d �\ O 0 0 0 ao M O N 3 O E O 0 L O O L H O low v V 0 a f a E 0 0 ► 0 0 M I I V ► U 0: m d .Q a Q rmq O 3 v V 4) O L a a V M E v s d N 3 O O :O O O 0 O N qrm d v O d N O Z tQ Cd G O O qrm ti ti ro to 00 000 O E O so d N O O C O 'a O O 0 O N r=q O _ E O low v � O O V � _ O _ O d c O d O O O = low 0 to qq 44 111111111111[ 11111111114111111111 .11111 Ell all- . tCFN 2007RO328886 OR Bk 25444 P'gs 0052 - 721 (21ts90 RECORDED 03/30/2007 15,02331 HARVEY RIJVIN. CLERK OF COURT MIAMI -DADE COUNTYr FLORIDA This instrument prepared under the supervision: and when recorded retum to: Jerry B. Proctor, Esq. Bilzhi Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 IMiami, Florida 33131-23-16 DEVELOPMENT AGREEMENT (Space Reserved for Clerk) This Developent Agreement is made as of this day ofaY 2007, by and m between The City of South Miami, Florida, a municipal corporation ( "City ") and RRC 57`h Avenue, LLC ( "Applicant "). Applicant hereby voluntarily makes, declares, and imposes on the property described below, this agreement running with the title to the land, which shall be binding on and shall inure to the benefit of the Applicant, successors and assigns, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this Development Agreement ("Development Agreement ") is released in writing as hereinafter provided; 14WEREt 5, Applicmi owns the property in the City, in Miami -Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68 Street (the "Property "), and FTTIEREAS, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (M'U -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and 1,YHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, (the "Act ") provides for the execution of development a-reements 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. NOId! TREREFURE, 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 519310.15 7 326021531 3 12 0!07 EX n HIBIT n A 1. Permitted Uses, Densities- and 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 Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate $98,000 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 NUME 819310.15 7326021531 2 3/29107 I — Development Agreement to governmental authorities, including the Florida Department of Transportation, for beautification of the median area to consist of curb and gutter improvements and landscaping in the center of Red Road (SW 57 Avenue) . directly south of the intersection of Red Road and Ponce de Leon Boulevard. Subject to approval of.necessary permits by governmental authorities, Applicant will pay for and construct the beautification improvements. 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. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount equal to the annual Operating Millage Rate. If the 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 Owner'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 the positions in question. In addition, the Applicant shall hire two residents from the CRA district to assist the Applicant in providing construction services during the period of construction and development of the Property. 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. 819310.15 7325021531 3/29/07 5. Site Plan- a. Applicant shall retain stormwater 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. The entrance at Levante Ave. shall be signalized, and approaches installed based on approval by Miami -Dade County and the State of Florida Department of 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,,vee.n the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday. e. Applicant shall provide a minimum of one ( l) stop location on site for service by the HurrvCane shuttle. The shuttle stop locations shall not interfere with SW 57i" Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minimize traffic impacts. Applicant shall provide and maintain landscaping acceptable to the City between the FPI. facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not less than 6 inches on the City's property between the FPL facility and the South Miami Community Center. The row of trees to be located on the City's property between the FPL facility and the South Miami Community Center shall be uniform in appearance and consist of not less than 25 trees in the row. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. h. Employee parking shall be restricted to the garage and it shall be the developer's or his assign's responsibility to submit with each occupational license proof that employees are utilizing the assigned parking. i. Applicant shall provide a master signage plan for project identifi cation, 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 MIAMI 819310.15 7326021531 3 :290' 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. 1. All parking and street improvements placed on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. m. Applicant must limit the types of retail establishments in order to assure that the required parking does not exceed the initial retail parking allocation in the adopted master site plan. Applicant to provide the City an initial parking plan for retail stores and 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 "residential building. P. Applicant and tlue 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 parking spaces located on SW 66 Street. 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. The Applicant will commit to participate in a joint working group with the First Methodist Church of South Miami and municipal, county and state agencies to devise a plan mutually agreeable to Applicant and the First United Methodist Church of South Miami, for pedestrian 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 on Red Road (SW 57 Avenue) and, if approved, will create an enhanced "landing zone" for pedestrians in the center of .Red Road between the Property and the First United Methodist Church to the east, subject to the approval of Miami -Dade County and the State of Florida Department of Transportation. A1IATOI S19_ 10. IS 732GO_l�31 3.:9.'07 t. The Applicant shall not exceed a noise level equal to the ambient background level at 10:00 P.M. at a location adjacent to the Property to be selected by the Planning Director; said location may change from time to time. U. The Applicant shall obtain approval from the City of a parking plan for construction workers prior to the issuance of a building permit. 6. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate $34,800 to the Miami -Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculurn and the students' attending the subject school =s educational experience. Terms of the donation and student generation analysis are contained in the School Impact Review Analysis dated November 16, 2004, attached to this Development Agreement and hereby incorporated by reference. 7. Unity of Title. Applicant shall submit a Unity of Title, pursuant to the requirements of Section 20- 3.7(B)(1), City Code. NOW THEREFORE, the City, in consideration of the premises, hereby agrees as follows: Vestine. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to 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. 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 7326021531 G 3!29,'07 10. Concurrency and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 204.1, 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: 11. Term of Agreement. The provisions of this Development Agreement shall become effective upon its recordation in the public records of Miami -Dade County, Florida, and shall continue in effect for a period 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. 12. Annual Report and Review- It shall be the responsibility of Applicant to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of the Act, and Ordinance No. 11 -05 -1833. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. Applicant, or its assign, shall submit an 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 time 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 [AM 1819310.15 i32GU21� ?� 3129,107 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 permits on the portion of the Property failing to comply with this Development Agreement, and refuse to grant any inspections, any approvals, or any certificates of occupancy with regard to that portion of the .Property until such time this Development Agreement is complied with. 1 ?. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and performance of this Agreement and all other instruments and agreements executed in 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 teams. C. There are no actions, suits or proceedings pending or threatened against or affecting Applicant before any court or governmental agency that would in any material way affect Applicant's ability to perform this Agreement. d. Applicant shall not act in any way whatsoever, directly or indirectly, to cause this Agreeiruent to be amended, modified, canceled or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. 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 S 19310.15 7326021531 3129.11 >? 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 teens are included without limitation as to any other items or terms which may fall within the listed category. 20. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. 21. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this Agreement. 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 City: City Manager City of South Miami 6130 Sunset Drive South Mianii, Fl. 33143 Copy to: Planning Director Planning and Community Development. Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 X91AM1 819310.1573260215.11 9 3%29107 For the Applicant: Irma Abella, Esq. General Counsel's Office University of Miami 1320 South Dixie Highway, Suite 150 Coral Gables, Fl. 33125 Copy to: Jerry B. Proctor, Esq. Bilzin Sutnberg Baena Price & Axelrod LLP 200 So. Biscayne Boulevard, Suite 2500 Miami, F1. 33131 24. Waivers. No failure or delay by Applicant or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. Third Party Beneficiary. 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 termination of this Agreement, shall survive any such termination including without limitation, paragraphs 2, 3 and 6 which shall survive this Agreement. 27. Periods of 'Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 28. Entire Aeree>nent. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. All agreements, covenants, representations; and warranties, express or implied, oral or written, of the parties with respect to the subject matter hereof are contained herein. No other agreements, covenants, representations, or 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, MIAMI 8193 t 0.15 7326021531 10 3!29;.0_ 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 signed by both the Applicant and the City, the Applicant shall. cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade County. 31. Exhibits. All exhibits attached hereto contain additional terms of this .Agreement and are incorporated herein by reference. 32. Effectiveness, This Development Agreement shall become effective after the approval of the applications for rezoning and site plan approval and the expiration of any appeal periods. The approval of the applications for rezoning and site plan approval and of the application for approval of this Development Agreement, shall not become effective until the Park donation is established and agreed upon by the Applicant and the City in accordance with Paragraph #2d. If the Park donation is not established in accordance with Paragraph #2d, the applications for rezoning, site plan approval, and approval of this Development Agreement shall be considered withdrawn without prejudice by the Applicant. IN WITNESS IPHF_REOF, these presents have been executed this c�� day of CL rcAn , 2007. MIAMI s<<r 10,t5 7326021531 l l 3:29;0' .ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI K,�\%D W ALL MEN BY .THESE PRESENTS that: The City of South Miami acknowledges and accepts the foregoing Development Agreement and each and all of the terms and provisions contained therein, , dated and attached hereto. DATED this a ! day of M CA , 2007. CITY OF SOUTH MIAMIi� By: Yvotuie 9 ler- McKinley City Manager \C11-1,"CLERK ` Maria M. Menendez STATE OEiC.L�.IG'�� - ) f a ) SS COUNTY OF 2 &�,fjul� ) he foregoing instrument was acknowledged before me this day of I ;VA G 2007 by �i�. ,; cu, _L f;� /3r;�:4 Y.of the City of South Miami and attested to by Mana_M. Menendez City Clerk, of (he City of South Miami who are ( ) personally known tome or ( ) produced a valid driver's license as identification.' My Commission Expires: 3 -jc_ oo Sr MIAMI jai.. W 7326021531 302S107 Maria M. Menendez Notary Public Sign Name: Print Name:-- ez Serial No. (None, i.fblank): [NOTARIAL SEAL) •9�µ�� MARIAM. MENENDEZ g MY COMMISSION # OD 271979 y�for fl�q EXPIRES: rowrh id, 2Co6 7$7 }:i%ll)'•!�?Y F: NG1k'i i.L;t!::�t.?�Yd -:a. 12 �. TN WITNESS WHEREOF, the undersigned party has agreed to this Development Agreement dated as of the day of MQ.Y-r,� _, 2007. W n sses: Print Name: :Irr-A Gt. l ` ` A8�� -�T Print Name: ' 41 RRC 57T11 Avenue, LLC, a Florida limited liability company By: University of Miami, a Florida non - profit corporation, its s9le member 1 y; Tame: Joseph toli Title: Senior, 1 ice President for. Business and Finance STATE OF FLORIDA ), ) SS: COUNTY OF MIAMI -DADE) The foregoing instrument was acknowledged. before me this} day Awth-, 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 57t1i Avenue, LLC, a Florida limited liability company. Hg /She is personally known to m� or has produced a State of driver's license as identification. Sign Name: Print Name: My Commission Expires: O UBLI Serial No. (none, if blank): j LNOTARY SEAL] NO_ ARY PUBLIC.STATE OF FWRIDA Melody M. Smith W; Commission #DDS82811 ' Expires: OC I 10, BON D TH Arlq.�vTIC BOtiD1 G Co.. INC. MIAMI 819310.15 7326021531. 13 3028/07 i - i I EXHIBIT "A" Legal Description Parc 1 : All of Tract 1, of the REVISED PLAT OF FERNWOOD, according to the Plat thweof, As recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County; Florida, less -the South 475.657 feet of the West 100 feet, and less also the East 150 •feet of the •South 330 feet, and less also the South 125 feet of the West 175 feet of the East 325 feet, and less also the gait 75 feet of the Vilest 175 feet of the $oath 125 feet. of said Tract. Parcel 2: ' ' The East 75 feet-of the West 175 feet of the South 125 feet of Tract 72, of REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami Dade County; Florida. Parcel 3: The North 132 feet of the 5E '/4 of the. NE '/< of the SE' /a of Section 25, Township $4 South, . 1 Range 40 East, less the North 25 feet of the North 132 feet of the SL 'A of the NE' /, of the SE' � of Section 25, Township 54 South, Range 40 East. " Parcel 4: That part ofthe SE '/4 of the NE % of the SE %q of Section 25, Township 54 South, Range 40 East, described as follows: . j Begin at the-SE comer of said SE %4 of the hE'A of the SE '/4; thence run '%Vest along the South line of said SE '/4 of the NE '/4. of the SE A fora distance of 185 feet fox a Point of Beginning; thence run Noitb parallel to. the East line of said SE '/4 of the NE '/4 of the SE 1/t fez a .distance of 150 feet; thence run West parallel to the South line of said SE 'A of the NE 1/ of the SE'/ fora distance of 100 feet; thence run parallel -to the East line of said: SE '/4 of the NE 1/4 of the SE'/ for a distance of 150 feet to the South line of said SE 1/4 of the NE 1/4 of the SE 1/4; thence run Feast along said South line of the SL %._ of the NE % of the SE 1/4 fora distance of 100 feet to the Point i of Beginning, less the South 25 feet for public road purposes. . .Parcel 5: The North 180 feet of the South 330 feet of the East 150. feet of Tract 1, of REVISED PLAT OF . FERNG'TOOD, &ecozding to the Plat thereof, as recorded in Plat Book 35, at Page 72, of the Public Records of Miami -Dade County, Florida. I Parcel 6: A. portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at'Page 72, ofthe Public Records.of Miami -Dade County, 1 ?lori4 more particularly described as follow;: That part of the 'Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 South, Range 40 East, described as follows: i Begin at the Southeast cornet of said Southeast Quarter of Northeast Quarter of Southeast -! M- L4WJ 129979.17332426731 OR QK 25476 PG 0051 LAST PACE Queer, thence run West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BMB4NWG-,, thence ran, North parallel to East line of said Southeast Quarter-of Northeast Quarter of Sooutheasti Quarter l� f thence rtm West parallel to South line of said Southeast Quarter Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter-150 feet to the 'South line of said Southeast Quartet of Northeast Quarter of Southeast Quarter; thence East along said South line of the Southeast 1 Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BBGDTI MG, LESS the South 25 feet for public road i i i • l _ MIAMI 1256979.17332426731 y jWD ROADPROPM77ES Ii C Suite AnAW&C- A AAadgd,q. VA Jvw—w DAM CW" ND. r77O 951-898g January 18, 2m Pay: thousand '895'. dcMars and 20 cents PI%V' 10 TM 6130 SMSIET DRIVE o Ras SDUTH MAMI.FL 33143 61p V-W.89520 PK=013 EXHIBIT "B" bis T. A Fj S. Page I of Page I of I N 0 4 LO 14> C lch'-- s PK=013 EXHIBIT "B" bis T. A Fj S. Page I of Page I of I 04/133 -9009 TUE 18: . 57 F . AX,3053726064 TRAFFIC ENGINEERING DIV, f)-7 11 Z- Q002 1. it the proposes/ wort willum the Corporate boll; s Ora V=icipliftv, Yts (x- ) No ( ) Narric of ffkM[c!;Wi-,Y CORAL 9ASIX&- LOW GVwMftt,1 Ccorl"A — Mr. Uks—kdo 2, loll, 0M lockW0211, enjititlt aillilles, both acrid and uiiiicteroutO= b,Pcn Wer-An.od.nod. tie aceirarc locAtfonart 3"wrtor, the dM*bU$ on 10 /:;.9 to the N'lowing 3, U IS 4,,4pressly stipulated that I this parmil is a liemse for peolk"N't osic only told that the F4bj,k pro.pe.ity iiunuarg in ias permit shill w etperate to create cr VC&A Any property VA In said holdcr. 4. Whenover it It delervn!rtedby the Department tlw Itisnoo Mary Rr Isr. CO-MbUtti.Dri, rin�,Ufr. 6p-vnMcfi;, mainlunnan", --fe Arwi,,oriefittient opc7ati on, zltcrvtiov, Or rxiocation of 86Y 4 141 pition.ofWd itighway eltd/or tran ortsWt hi--S] Cie parmifte "I irW.6fately timon vviy and all inswied Andiol, —wV 0 - 'o n* 0 tY, Or reset 6. , M16 Ut e thereon As required by I ha Depsttmwt At. ft p tnri he a' a exp c M f- gn! ROW And ridge 5. All work shall mm Departcleas Roidway and TraftD41 . Sttuid*4 for 3 cori . struc;lrwl, and W.,h t tht 'm The Work the er Applicable critcrie 1-1 emot a tinz of mrna L"4w inspection supervislen d Permit%Wnlecante J�nginccr locetadat S. DADE MAOM Cph =W This designatedcrijinrers;W1 tilep*c-cenzinuction mcdifig and mbjc--tt6 inspeietion b thc designwd cogriec crhi$wA=- S. Ali IJeprr rient proptM shall be rWo--4 .0 12 Der, 421 Condition As far as PrAclimi it tt-,Ong with Depm-lir"'rDt SPOCItications, acid in kntamlet suveeacry.to the r'spKunwit, within twirtj(3C) days of thz tnaia laf on of pernnit'--d unl,.Os otherwise ropnivcd by the Dcratalvit. 7, A, . ,neindeptar, p-ilfile, and cxe #.5ectiatl5 a& uppropriotm, card tta� bti teyul neti to ba�'tlte seal of t5 professional aag?neet litrsa~d in fire SiuteofF?teyga. drawing covt�j ddails ofthis work 3h&31 be rsarits put vftbiz. perr�t. MUM dro,%inp axe required: Yes (a.) NO( a. ThelPerr"Ite sbal., canual once. actual cOnstiuvrich!n joad Adth will" _K tM,shtilcornpUtcconvived . on withi dsys frono Lie cornmenomwol"work unless the peran=- shovm toad of thus pemdt wit! bid.9riled. Sp Coodhlons And Instru4tibris by the Dem-tincav —Th- r is Lnietstoid tend W.zd that tot rights and privileges tifteirl ki out am gimd omlytn thzcXtc;A*fUe St='s ti0t, *1c, a inwcta in Its :and :a be entered upoa trid used by the Ptriftin". his heirs; 4SIgoN irrm"A And *�t peimilml: W) - II. At f.9 tjmts, assurne 41, Tt$L 4find. indco,.-ni6,, defilnd, and asta harmless the State afFlPrids and the inst. any and sir Joss, dwragk toe, at&,,l-ttse ariitq in any nuAna on AccuuntOfilic cxc-timoz lineruptod exercise by said PtrnrJnx of t re dforessid riz-his and pri-Alvies. 12. thriigeonstructian through oftneolltnaitledwoOr ati allrafetyr*ut awaftheDeparinnerc:shalibc obserwd hn4 & huldermus. likemmures, isnctodingpiae =ctt.and.displayot.aft y 6t6ms, lhatmaybo neteLwyirl arder to safely conduct the public through the project area accordanctwhh the Depoftrieves current edition offIve Roadway and Tteffc Deign Stab tolls SedAs 6Co, and th-'.�.Juuej ofT-1oJfbrm-,mffjcQmxrvI Dwicens J3. In case, ofnar-warplisuct , 111wev= gtqplrcn ients in ..of 6c apix-ovcd daiz aft% parvit, this permh I s mid sold the Jfi' a Submikud and Agr--zd Cc4parate seal ......... . dr Muhamm44 U. am4a,74, Chia(. Traffic leoillnewtifit olywon 1KISMI-D1464 County Public Works Rapt: Name And ride of pllfoutttc artd) Arrested Rtcerarxien dcd for approval: naw j240--.elff Approved by' istrictParrrh Engineer or A-X-hor4.zzd Rcprvsc-iitWvc C'Dwwvorts arid Se1dxV%m2nn,;&ly, Dcta*p-,sZW 17 AV & LEVAXTE AV.dx EXHIBIT "C" kECEIVED PVWITS 61PTICE ' STATE OF FLORIDA D.EC 3 0 DEPARTNMNT OF TRANSPORTATION SPECIAL PER.NnT ! W-AW, FL�kj D,14 I)IktrwI, SIX 008 K 6.90, 094 DAM: YE rr UAIWNINO; b706z STATE ROADNCIX 959 (V3LN,IrY* Miami-Dade &1ILtP0SrFP,0U:— M.- STATE PROJECTNOt: (lfatrpliabae) PIC, A P f L WkN- r,. , A 1-thadefy' all wr ew-L4,414vort-mut ADDREM:1--ul NW 1. Sirict, Suite t51 CIT'r- STATE: CODE: 00wolpaloyinianginwin& as described how,. 'tPA i MC SICNAL arvi Arru,0.14'r 9w Is-, AV 1. it the proposes/ wort willum the Corporate boll; s Ora V=icipliftv, Yts (x- ) No ( ) Narric of ffkM[c!;Wi-,Y CORAL 9ASIX&- LOW GVwMftt,1 Ccorl"A — Mr. Uks—kdo 2, loll, 0M lockW0211, enjititlt aillilles, both acrid and uiiiicteroutO= b,Pcn Wer-An.od.nod. tie aceirarc locAtfonart 3"wrtor, the dM*bU$ on 10 /:;.9 to the N'lowing 3, U IS 4,,4pressly stipulated that I this parmil is a liemse for peolk"N't osic only told that the F4bj,k pro.pe.ity iiunuarg in ias permit shill w etperate to create cr VC&A Any property VA In said holdcr. 4. Whenover it It delervn!rtedby the Department tlw Itisnoo Mary Rr Isr. CO-MbUtti.Dri, rin�,Ufr. 6p-vnMcfi;, mainlunnan", --fe Arwi,,oriefittient opc7ati on, zltcrvtiov, Or rxiocation of 86Y 4 141 pition.ofWd itighway eltd/or tran ortsWt hi--S] Cie parmifte "I irW.6fately timon vviy and all inswied Andiol, —wV 0 - 'o n* 0 tY, Or reset 6. , M16 Ut e thereon As required by I ha Depsttmwt At. ft p tnri he a' a exp c M f- gn! ROW And ridge 5. All work shall mm Departcleas Roidway and TraftD41 . Sttuid*4 for 3 cori . struc;lrwl, and W.,h t tht 'm The Work the er Applicable critcrie 1-1 emot a tinz of mrna L"4w inspection supervislen d Permit%Wnlecante J�nginccr locetadat S. DADE MAOM Cph =W This designatedcrijinrers;W1 tilep*c-cenzinuction mcdifig and mbjc--tt6 inspeietion b thc designwd cogriec crhi$wA=- S. Ali IJeprr rient proptM shall be rWo--4 .0 12 Der, 421 Condition As far as PrAclimi it tt-,Ong with Depm-lir"'rDt SPOCItications, acid in kntamlet suveeacry.to the r'spKunwit, within twirtj(3C) days of thz tnaia laf on of pernnit'--d unl,.Os otherwise ropnivcd by the Dcratalvit. 7, A, . ,neindeptar, p-ilfile, and cxe #.5ectiatl5 a& uppropriotm, card tta� bti teyul neti to ba�'tlte seal of t5 professional aag?neet litrsa~d in fire SiuteofF?teyga. drawing covt�j ddails ofthis work 3h&31 be rsarits put vftbiz. perr�t. MUM dro,%inp axe required: Yes (a.) NO( a. ThelPerr"Ite sbal., canual once. actual cOnstiuvrich!n joad Adth will" _K tM,shtilcornpUtcconvived . on withi dsys frono Lie cornmenomwol"work unless the peran=- shovm toad of thus pemdt wit! bid.9riled. Sp Coodhlons And Instru4tibris by the Dem-tincav —Th- r is Lnietstoid tend W.zd that tot rights and privileges tifteirl ki out am gimd omlytn thzcXtc;A*fUe St='s ti0t, *1c, a inwcta in Its :and :a be entered upoa trid used by the Ptriftin". his heirs; 4SIgoN irrm"A And *�t peimilml: W) - II. At f.9 tjmts, assurne 41, Tt$L 4find. indco,.-ni6,, defilnd, and asta harmless the State afFlPrids and the inst. any and sir Joss, dwragk toe, at&,,l-ttse ariitq in any nuAna on AccuuntOfilic cxc-timoz lineruptod exercise by said PtrnrJnx of t re dforessid riz-his and pri-Alvies. 12. thriigeonstructian through oftneolltnaitledwoOr ati allrafetyr*ut awaftheDeparinnerc:shalibc obserwd hn4 & huldermus. likemmures, isnctodingpiae =ctt.and.displayot.aft y 6t6ms, lhatmaybo neteLwyirl arder to safely conduct the public through the project area accordanctwhh the Depoftrieves current edition offIve Roadway and Tteffc Deign Stab tolls SedAs 6Co, and th-'.�.Juuej ofT-1oJfbrm-,mffjcQmxrvI Dwicens J3. In case, ofnar-warplisuct , 111wev= gtqplrcn ients in ..of 6c apix-ovcd daiz aft% parvit, this permh I s mid sold the Jfi' a Submikud and Agr--zd Cc4parate seal ......... . dr Muhamm44 U. am4a,74, Chia(. Traffic leoillnewtifit olywon 1KISMI-D1464 County Public Works Rapt: Name And ride of pllfoutttc artd) Arrested Rtcerarxien dcd for approval: naw j240--.elff Approved by' istrictParrrh Engineer or A-X-hor4.zzd Rcprvsc-iitWvc C'Dwwvorts arid Se1dxV%m2nn,;&ly, Dcta*p-,sZW 17 AV & LEVAXTE AV.dx EXHIBIT "C" 01/13P/! 2009 TUE 16:158 FAX 3b53T28064: TRAFFIC, . ENG1,NEERING. DIV Q.003. spt�iAL. PROVISIONS FOR PSWIT # 2008 K90: Sk SECT ION # 81062, STATE ROAD # 969FSW.-57'4-AVE Pemit fora 7raffic Signal replacoment at SW576,Ave and Levalto Ave This permitis to replace the expired permit 2407 K 690101 1. CoorAin ate pre construction, meeting with'Mr..Steve Webardson, at (305145643.00,ai ltms,t iorty-. eiglit (48) hours prior tocommencernebt Of work. 1 Submil. a,detalledlave dosqr6 form, dtnoting work and time phases to the department atlOsIt. two (2) weeks prior to actual lame closure 'work within, the F.D.Q.T.. right-of sway. Thcres.balli tie I no lone closures between Than. ks.givina and New. Year's Eve 4,de to moratorlurn. 3: Working hours ulthin the F.D.O.T. right-of-Way shall be between the hours 00:30 am. and 3:30 W . p,. m, or as directed by the department rtprestritat! ve Prior to cornmoncement of work. 4. The, Main Penance of Tra Me (MOT plans may be revised at the time of the pre - construction meeting. MOT must be in accordance with the current edition of the FDOT Roadway and Traffic Design: Standards - -Index 600, and. NIXT.T.C.D. as a inininium. 5. This permit dots not allow permiftet to remove.any existiog sig"s,or structures nitbin the .Department's Right-Of-Way. 6. Pernlittee, is cautioned that utilities.raity. be located within the construction area. 7. Any and a damaged sideNvalk, curb &,gutter shall be replaced and/or constructed according to the F.D.O.T. Roadway and Traffic Design Standards — Index 300 (current edition), and./or constructed according to theF-D.O.T. Standards Specifications for Road and Bridge Construction — Section Mi in full widLlij full length sections. 8. A copy of this pmnit and plans will be on the job site at all times during the constuction,of this facillty. �. Validity of this peen .it is contingent upon perinittee obtaining necessary permits frorn all other agencies involved. '11)4 Permittee will ensure that no unsafe area(s) for pedestrian will remain during any time of4he ckmstruc-ticn. They shall be protected in accordance with the F.D.O.T. Roadway and Traffic Design Standards - Index series 60D. 11. The permittee shall provide and maintain safe temporary access to all adjacent property at all tirrms and shall maintain accommodations for intersecting and crossing traffic: within the constructions Zone. No road or street crossing shall be blocked or unduly restricted as determined by the engineer. 12. Any and all dairag,-d,,,IN{emeiit.tnarkifigs shall be replaced accordingto F.D,O.T. Roadway and Traffic Design Standards, 11 Final I restoration s I hall be coordi . nated with the Devartinentrepres.eotativc All vortions offhe state right -of way shall be restored within thirty (30) days upon complation. of the permitted installation.. 14. Beginning any work, within the F-DD.T. right-ofway associated with this permit constitutes acceptance of these conditions. 50A V. STATE OF FLORIDA ' l.' "7A , DEPARTMENT OF TRANSPORTATION SPECIAL PERMIT District Six 6/95 DATE: 1115107 PERMIT N Q '9'59 P. 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 NW 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 of Transportation, hereinafter called the Department, to construct, operate and maintain the facility shown on the accompanying engineering as described here: TRAFFIC SIGNAL RBI AC'FMi'NT SW 57 AV & LFVANTF 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 utilities/companies: FPL . 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 of said 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. _( 305 ) 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 of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be 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 365 days from the commencement ofwork unless the permitted shows good cause for delay and the Department approves an extension. No extension beyond one (I) year from the date ofthis issuance of this 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 ATIACUMHUTMI r�1- H. 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 Depart ent's requirements in effect as ofthe approved date ofthis permit, this permit is void and the work will be brough m o liance or removed from the right -of -way at no cost to the Department. Submitted and Agreed to by: ~ Corporate Seal Signature of Permittee Muhammed M. Hasan, F.E., Chief, Traffic Engineering Division Miami -Dade County Public Works Dept Recommended for approval: Approved by: Name and Title of Permittee (Typed) WE- — Permit Engineer or Authorized Representative Attested #07 1� C3o 101 Q\Documents and Settings\mannyp\My Documents\Dennis Burke permitdoc Date: a /10/0- The State of the Housing Counseling Industry f • � � ter-. 3 �� . r.• AdL o�QPP�MENT O�yO � � U.S. Department of Housing and Urban Development �zo IIIIIIII �� Office of Policy Development & Research 09egN DEVE{ -o 0 8 R E P O R T. The State of the Housing Counseling Industry f • � � ter-. 3 �� . r.• AdL o�QPP�MENT O�yO � � U.S. Department of Housing and Urban Development �zo IIIIIIII �� Office of Policy Development & Research 09egN DEVE{ -o Visit PD &R's website www.huduser.org to find this report and others sponsored by HUD's Office of Policy Development and Research (PD &R). Other services of HUD USER, PD &R's research information service, include listservs, special interest reports, bimonthly publications (best practices, significant studies from other sources), access to public use databases, and a hotline (800- 245 -2691) for help accessing the information you need. 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 Abt 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 €� �� 'i�,4 �1 Y� a�,t ..se. -�4aa r 'F;G.a r �''St• .� � � v a,i„ t �2-�4 � f Y .. t?ercent � .� r � � .�' rtg 'g QC t f eh�i`J 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 0 Wood Partners - Red Road Commons WOOD CRA Master Sheet 2008 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. CONSTRUCTION & FINFROCK 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 CONSTRUCTION & FINFROCK CONSTRUCTION Month: June, 2008 Average # of Employees: 12 Total Man Hours: 457.79 CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION Month: July, 2008 Average # 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: November, 2008 Average # of Employees: 2 TOTAL MAN HOURS: 253.48 CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION Month: December, 2008 Average # of Employees: 3 TOTAL MAN HOURS: 328.03 TOTAL MAN HO RS: 4377.03 0 EXHIBIT "E" Wood Partners - Red Road Commons WOOD CRA Master Sheet - 2008 nw AYWLs* -- CONTRACTOR: COASTAL CONSTRUCTION & FINFROCK CONSTRUCTION Month: January, 2009 m 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 f irst Uni of South Aiami 'led Methodist 6565 Red Rood, Coia1 Gables, FL 33143 ► (305) 667 -7506 ► fax: (305) 667 -750' 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 SW Corner of Read Road and S.W. W" Street, South Miami Dear Julian 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 Thomas . 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" 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. 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 1457358.1 7743027649 1116108 439 PM C Bilzin Sumberg ATTORNEYS AT LAW ,ferry Proctor, Esq. Tsi 305.3502361 Fax 305.351.2250 1proctx4@bilzJn.com September 27, 2007 Via Hand Delivery Ms. Corina Esquijarosa Facilities Planning, Miami -Dade County School Board 1450 NE 2 Avenue, Suite 525 Miami, Fl 33130 Re: ,,Red Road Commons" Development Property: 6600 and 6640 SW 57 Avenue and 5757 SW 68 St-eet, City of South Miami Dear Ms. Esquijarosa: Pursuant to Clause 6 in losed attached lease find deaecheck to herMiami -D de County School Board Commons" development, enc P payment satisfies the condition in the amount of $34,800.00. Please confirm in writing that this of the Development Agreement and any building permit requirements of the School Board on this matter. Thank you for your cooperation. Sincerely, Jerry B. Proctor JBP:id cc: Jay Jacobson (w /encl.) Tia Jessee (w /encl.) Julian Perez, City of South Miami (w /encl.) EXHIBIT "G" MIAMI 1415 963.1 7743027649 "„ .. 9/27107 4:27 PM ....o c o. ..FNC PRICE & AXELROD LLP 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 CFH 2007RO328885 OR Bk 254?6 Pss 0047 — 51; (5ves) RECORDED 03/3012007 15:02:31 HARVEY RUVINi CLERK OF COURT MIAMI —DADE COUNTY► FLORIDA (Space Reserved for Clerk of Court) ri This Unity of Title made and executed this e V day of 1MaK)h, 2007, by RRC 57th Avenue, LLC, a Florida limited liability company. WHEREAS, the undersigned is the Owner of that property described as: 6600 -6640 SW 57 Avenue Folio No.: 09 -4025- 026 -0010 Folio No.: 09 -4025- 026 -0020 Folio No.: 09 -4025- 026 -0030 and 5757 SW 68 Street Folio No.: 09- 4025 -026 -0060 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" F ''. - , 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] Unity of Title Page 3 k Signed, witnessed, executed and acknowledged on this rg day of o lr�t , 2007. IN WITNESS WHEREOF, RRC 57`h Avenue, LLC has caused these presents to be signed in its name by its property officials. WITNESSES: STATE OF FLORIDA ) SS: RRC 57th Avenue, LLC By: University of Miami, a Florida not for profit corporation, its sole member 9By: Nam seph T. atoli Title: enior Vice President for Business and Finance COUNTY OF MIAMI -DADE ) f re vin instrument was acknowledged before me this C� day of T 9 9 2007, by Joseph T. Natoli as Senior Vice President for A ss and Finance, of University of Miami, a Florida not for profit corporation, the sole member of RRC 57th Avenue, a Florida limited liability company, who (check one) [ ] are personally known to me or [ '/ ] have produced as identification. '-+' A, r I NOT RY P My Commission Expires: Print Name NOTARY PUBLIC-F" S'TE OF FLORIDA Melody '1.4, Smith Commission #DD589811 FVires: OCT. 10, 2010 3 BONDED VFW ArLA. \71C BONDING Co., INC.