07-21-09 Item 2bSouth Miami
AII•Amedca City
CITY OF SOUTH MIAMI
INCORPORATED 1 '
• �'� o a�vP OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
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To: The Honorable Mayor, Vice Mayor and Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Matilde G. Menendez, CPA vs 71)
Finance Director
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Date: July 13, 2009
Subject: Red Road Commons Development Agreement
On May 5th, 2009 the City received a check (copy attached) for $100,000 issued by Red
Road Propherties LLC in accordance with the Development Agreement executed on
March 29t , 2007. Under Section 2, subsection f, of the agreement, the applicant was
required to pay the City $100,000 on or before the issuance of the first certificate of use
and occupancy. These funds are to be placed in a trust fund to assist in the development
of low income housing in the CRA area.
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'rhis instrument prepared under the supervision:
and when recorded return to:
Jerry 11. Proctor, Esq.
Bilibi Sumberg, Baena Price & Axelrod LLP
200 South Biscayne Boulcvard
Suite 2500
z\iianti, Florida .131 ±1 -23 =6
DEVELOPMENT AGREEMENT
CFN 200 7ROS28886
OR Bk 25446 Piss 0052 - 72; (21a9s)
RECORDED 03130 12007 15102231
HARVEY RIJVIN, CLERK OF COURT
HIMI -DARE CWHTYt FLORIDA
(Space Reserved for Clerk)
�reement is made as of this cn� day ofMaY�. 2007, by and
This Development A�
between The City of South N41a ni, Florida, a municipal corporation ( "City ") and RRC 57'
Avenue, LLC ( "Applicant ").
,applicant hereby voluntarily makes, declares, and imposes on the property described
below, this agreement running ���ith 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;
IWYEREAS� Applicant owns the property in the City, in Miami -Dade County, Florida,
legnily described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue and 5757 SW 68
Street (the "Property "), and
PVHERF.43, on July 22, 2004 Applicant filed an application with the City to rezone the
Property from TODD (i\4'U, -4) (Transit Oriented Development District) to PUD -M (Planned Unit
Development- N-lixed Use), and to obtain site plan approval (the "Application "), and
i�FIEKE.�S, the Florida Local Government Development Agreement Act, set forth in
sections 163.3220 - 1633243, Florida Statutes, (the "Act ") provides for the execution of
development aregiments to in that the law in effect at the time of the execution of the
�=
development. a (,reem g
ent shall overn the development of the land for the duration of the
agreement.
:N'Oil'. THEREFORE, in consideration of the covenants, conditions, and promises and the
contained, the receipt and Buff ciency of which are expressly ackno', ledged, Applicant
City hereby agree as follo'A`s:
MIAMI s1931O.15 73260215'1
3; :U. EXHIBIT "A'1
1. Permitted Uses, Densities, and Intensities. Pursuant to the provisions of
Chapter 20, Land Development Regulations of the City of South Miami, the
Property will be improved with the following:
a. There shall be no more than 407 residential units on the Property.
b. The Property shall also be developed with retail space and a leasing office.
C. Development on the Property shall not exceed five (5) stories above grade, in
height.
d. Development of the Property shall be in accordance with the adopted master site
plan on file at the City, including elevations, architectural features, and estimated
commercial square'footage pursuant to Section 20.3 -7, City Code.
e. Development of the Property shall be in one (1) phase.
f. A building permit for development of the project must be applied for within 6
months of the date on which this final development agreement is signed,
notwithstanding the provisions of LDC Section 20- 3.7(i), Expirations of PUD
Approvals.
2. Public Facilities_ In order to enhance public facilities in the City of South
Miami, Applicant agrees to provide services in compliance with Section 20-4.1 of
the Code of the City of South Miami, including:
a. Water and Sewer, services that comply with all requirements of Miami Dade
County for any building prior to issuance of a final Certificate of Use and
Occupancy.
b. Solid Waste services that comply with all requirements of Nfiami Dade County
for any building prior to issuance of a final Certificate of Use and Occupancy.
C. Drainage services that comply with all requirements of the Florida Building Code
prior to the occupancy of any buildings.
d. Based on the projected residential population on the Property, Applicant agrees to
donate 5928,000 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.
C. 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
M. LkW 819310.15 7326021531 2
3/29/07
Development Agreement to governmental authorities, including the Florida
Department of Transportation, for beautification of the median area to consist of
curb and gutter improvements and landscaping in the center of Red Road (SW 57
Avenue) . directly south of the intersection of Red Road and Ponce de Leon
Boulevard. Subject to approval of necessary permits by governmental authorities,
Applicant will pay for and construct the beautification improvements.
f. Housing — A requirement 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 vear to the City Manager. In addition, the Applicant shall make a
payment of S100,000 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 field to assist in the development of low income housing in the City's
Community Redevelopment Agency area.
3. Taxes: Applicant agrees to pay all taxes to the City of South Miami in an amount
equal to the annual Operating Millage Rate. If the Property Owner receives an
exemption for paying Operating Millage Taxes from Mianli -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 Ovner'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 Proprty,
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 CPA- district to assist the Applicant in providing
construction services during the period of construction and development of the
Property. Pa)mlent for the positions shall be at Applicant's sole expense and shall
be commensurate with similar job levels and responsibilities in comparable
industries.
MIAr ii 9193173.15 7326021531
3/29/07