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04-01-08 Item 2cCITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami All- America City r zoos To: The Honorable Mayor Feliu and Members of the City Commission 1 Via: Ajibola Balogun , City Manager From: Sanford A. Youkilis, Acting Planning Direct Date: March 24, 2008 ITEM NO. �+ Subject: Annual Report on Red Road Commons Project (Advance Copy) 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. The Development Agreement was executed and recorded in the County's Public Records on March 29, 2007. The project is now under construction. The Agreement includes a section (No. 12) requiring the submission by the developer of an annual report on the anniversary of the effective date of the Agreement. It is essentially a status report showing that obligations have been met and that there has been compliance with the provisions of the Agreement. The annual report must be reviewed by the City Commission at a public meeting. It will be included in the City Manager's Report at the Commission's April 1, 2008 meeting. The developer of the project RRC 57th Avenue, LLC has submitted the annual report on time and it is attached to this cover memo. A summary of progress made on the major obligations of the developer is contained in the March 14, 2008 cover letter from the developer's attorney Jerry Proctor, Esq. The executed Development Agreement is attached as part of the report. Attachment SAY X.-IComm ItemsQ008I4- 1 -081Cm Cover report Red Rd Commons annual doe BiWn Surnberg ATT0RriwYS AT t_AW March 14, 2008 Via Hand Delivery Mr. Ajibola Balogun Acting City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: RRC 57th Avenue, LLC. Property: 6600 -6640 SW 57 Avenue and 5757 SW 68 Street, City of South Miami Annual Report of Development Agreement Dear Mr. Balogun: This law firm represents the owner, RRC 57 I Avenue, LLC ( "Owner "), of the property located at 6600 -6640 S.W. 57'h Avenue and 5757 S.W. 68`h 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 approved by the City Commission on April 9, 2005 and 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 405 residential units, which is actually less than the. maximum set forth in the Agreement. 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. 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. In regard to. traffic, Owner has obtained permits from the Florida Department of Transportation for roadway improvements on Red Road from US -1 to S.W. 66" Street, Permit Number 07 -K- 690 -063, and traffic signal replacement for the intersection located at Red Road and Levante Avenue, Permit Number 07- K- 690 -101. See Exhibit "C" for MIAMI 1513 834.1 7743027649 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 3(14108 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 —e1305.374.7580 FaX 305.374.7593 Page 2 March 14, 2008 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. In terms of housing, the Owner is committed to renting (10 %) of the units to individuals or families in the moderate income segment of the affordable housing group. 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. See Exhibit "D" for a list of those workers. 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 "E" 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 "F" 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 "G" for a copy of the Unity of Title. 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. Sincerely, Jerry . Proctor JBP:id cc: Sandy Youkilis, Acting Planning Director Luis Figueredo, Esq., City Attorney Jay Jacobson, Wood Partners Tia Jessee, Wood Partners MIAMI 1513834.1 7743027649 2 3(14108 i� BILZIN SUMBERG BAENA PRICE $ AXELROD LLP A This instrument prepared under the supervision: and vvhen recorded return to: Jerry B. Proctor, Esq. Bil.zin. Suinherg 8aena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 \fianu, Florida 33131 -2336 DEVELOPMENT AGREEMENT I HIM MEN 111114111#Illf- -11011111all. CF N :2007ROZ28886 OR Sk 25446 Fos 0052 — 72; (21aSs) RECI4RtiED 03 {30/2007 151102 :31 HARVEY RUtlltlr CLERK OF COURT MIAMI -OADE Ct3UNTYr FLORIDA (Space Reserved for Clerk) This Development Agreement is made as of this g� day ofAAOLYC-11, 2007, by and between The City of South :NWanti, 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 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 theta until such time as this Development Agreement (" Development Ao-reement ") is released in writing as Hereinafter provided; NWEXE. -1S, Applicant owlis the property in the City, in Miami -.Dade County, Florida, legally described on Exhibit "A ", also known as 6600 -6640 S.W. 57 Avenue arid 5757 SW 68 Street (the "Property"), and T• HE ..4S, on July 22, 2004 Applicant filed an application with the City to rezone the Property from TODD (MU -4) (Transit Oriented Development District) to PUD -M (Planned Unit Development -Mixed Use), and to obtain site plan approval (the "Application "), and TTWERE.ft:S, 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 a4jreements to insure flial 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. NOTT; IHE,REI'ORE, 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. 111AN41 519310.15 7326021531 it''9 %tE7 EXHIBIT "A" 4" tw 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 Miami -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. C. Drainage services that comply with all requirements of the Florida Building Code prior to the occupancy of any buildings. d. Based on the projected residential population on the Property, Applicant agrees to donate $928,000 in one lump sum as its responsibility for meeting park and recreation concurrency. Payment shall be made on or before receipt of the first building permit and. shall include any interest or carrying cost incurred by the City until receipt of the payment. Interest calculations are indicated on attached Exhibit "B ", incorporated herein by reference. e. Traffic - Applicant will obtain necessary governmental approvals, and cause to have placed and operational a separate left -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 MIAMI 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. f. Housing — A regiiirernent of ten percent (10`:x) 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 shalt allow minor deviations resulting from short-term vacancies. Incomes shall be based on Area Median Income (AM.I), 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 slake a payment of $1.00,000 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 fiord 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 .i.n 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 acid 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 S19310,15 7326021531 3/29/07 V, Site Plan. a. Applicant shall retain stormwater drainage runoff on site. in accordance with City regulations. 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 or 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 between the hours of 7:00 A.M. and 10:00 A.M., Monday through Friday.. . e. Applicant shall provide a minimum of one (1) stop location on site for service by the H:urryCane shuttle. The shuttle stop locations shall not interfere with SW 57`' Avenue traffic. All HurryCane shuttle passenger pick -ups shall be coordinated with the City of South Miami shuttle pick -ups to minimize traffic impacts. F. Applicant shall provide and maintain landscaping acceptable to the City between the FPL facility and the garage. The applicant must provide a row of 12' high trees with trunk circumferences not 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 Miarni Community Center shall be un.1form in appearance and consist of not less than 25 trees in the row. g. Applicant shall provide and maintain a six -foot high CBS wall between the project and the remaining service station. 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. Applicant shall provide a master signage plan for project identification, traffic, routing, and retail stores prior to final project approval by the Environmental Review and .Preservation Board (ERPB). 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 4 3/29'07 areas shall be mandated by the Environmental Review and Preservation Board (ERPB) at final approval stage and adopted and incorporated as an exhibit to the Development Agreement prior to final approval of the Development Agreement. All parking and street improvements placed.on the public right -of -way on SW 57 Avenue by the Applicant shall be maintained with funds from a maintenance bond to be posted prior to permit issuance in accordance with rules of the Florida Department of Transportation. Proof of posting of the bond shall be provided to the City. 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 Pasco on the north side as shown on the amended site plan, as approved by the Planning Board, in order to break up the long facade of the "residential building. P. Applicant and the City shall agree on the number of locations of the loading zones prior to the final approval of the Development Agreement. The dimensions and locations of the loading zones shall be attached as an exhibit to the Development Agreement. q. Applicant understands and agrees that the City may eliminate the on- street parking spaces located on SW 66 Street. r, Applicant shall provide 1,001 parking spaces [which may be reduced in accordance with Condition #5q, requiring removal of on- street parking on SW 66 Street], through a combination of parking garage, a small surface lot, and on -site street parking. S., The Applicant will commit to participate in 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 pen-nits indicating travel lanes of 10.5 feet on Red Road (SW 57 Avenue) and, if approved, will create an enhanced "landing zone" for pedestrians in the center of Red Road between the Property and the First United Methodist Church to the east, subject to the approval of Miami -Dade County and the State of Florida Department of Transportation. MIAMI 819310.15 7326021531 3:'29!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 tinge to time. U. The Applicant shall obtain approval. from the City of a parking plan for constriction workers prior to the issuance of a building permit. Schools. In an effort to assist public schools located within the City, Applicant voluntarily agrees to donate 534,800 to the Miami -Dade County School Board ( "School Board "), to be specifically earmarked for capital improvements at public schools located in the City. The Applicant's donation shall be paid upon the issuance of a Certificate of Use and Occupancy for the first residential unit on the Property. Decisions shall be made jointly by the City and School Board, and funds must be spent within two (2) years of the donation. In the event that no capital improvements can be identified or agreed upon for the expenditure of the funds within the two year period, the Applicant's donation may be utilized to fund programs, purchase materials (such as additional computers) or in any manner that the School Board and the City determines will enhance the curriculum and the students' attending the subject schools 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. Unite, 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: 8. Vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes, and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the rezoning or the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to 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 ne- cessity of complying with the law governing said permi.tting requirements, conditions, terns or restrictions. 9. .impact Fees. The Property shall not be subject to any new impact fees imposed by the City after the adoption of the Resolution approving this Development Agreement. MIAMI 819310.15 7326021531 3!29/07 11 10. Coneurreney and Consistency. The Application together with the Applicant's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the rezoning and site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. Additional Requirements: 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- 1.833. 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 tenninated. 13. Modification. The provisions of this .Development Agreement may be amended, added to, derogated, deleted, modified, or changed from time to tune 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 KIIAM1l 819310.15 7326021531 3/29:07 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 goverrunental 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 Witlihold Permits and Inspections. In the event the Applicant(s) is /are obligated to snake 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. 17. Representations of the Applicant. Applicant represents to the City as follows: a. The execution, delivery and perfonnance 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 t.ernls. 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 Agreement 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. C. 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 M1AM1 8 193 10. 15 7326021531 3,'29.07 ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 19. .Joint Preparation. This Agreement has been drafted with the participation of the City and Applicant and their counsel, and shall be construed against the Applicant in issues of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items or terms are .included without limitation as to any other items or terms which may fall within the listed category. 20, Binding Effect. The burdens of this Agreement shall be binding upon., and the benefits of this agreement shall inure to, all successors in interest to the parties of this Agreement. ? 1. 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 Miami, Fl. 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Ft. 33143 L11AM1 819310.15 7320021531 3/2'9/07 For the Applicant: Irma Abeila, Esc. General Counsel's Office University of ;Miami 1320 South Dixie Highway, Suite 150 Coral Gables, Fl. 33125 Copy to: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 So. Biscayne .Boulevard, Suite 2500 Miami, Fl. 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, ten-ii 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 Benefieiarv. 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, term 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. 2S. Entire Agreement. 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 ot written have been made by any party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, MIAMI 819310.15 7326021531 10 3/29107 discussions, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof, are waived, merged herein and superseded hereby. Each party affirmatively represents that no promises have been .made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the *Exhibits, shall be admitted into evidence on its behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 29. Counterparts. This Agreement may be executed (including by :facsimile) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. 30. Recordation. Within 20 days after the Development Agreement has been si.grled 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. Its/ WITNESS I- VHEREOF, these presents have been executed this cP- day of 1vt itMAn , 2007. MIAN11 5191 H), 15 7326021531 j 1 3/29;:07 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY OF SOUTH MIAMI KNO f ALL kjE,N BY 77IESE PRE, SE that: The City of Sor7th Miami aC}Ci10w}eCiges and accepts the foregoing Development Agreement and each and al.l of the terms and provisions contained therein, dated and attached hereto. DATED this aZ 7 day of , 2007. CITY OF SOUTH MIAMI By. Yvonne S (fter- McKinley City Manager ,,A,TT.EST: \C- Xi/CLEKK Maria M. Menendez ja STA'[ E OF ) �, f . � ) SS COUNTY OF �,'�ak ) lie foregoing insti -Lament was acknowledged before me this _ day of /// 2007 by •? Y _ �,A, /�j� gY of the City of South Miami and attested to by �ltaria N1. Menendez ,City Clerk, of the City of South Miami who are ( ) personally known to me or ( ) produced a valid driver's license as identification. c Maria M. Menendez Notary Publi Sian Name: ; CYO- �'L-� a �--� Print Name: -Made M Menendez N-ly Commission Expires: ra Serial No. (None, if blank.): (NOTARIAL SEAL) MARlA AIl. AAE3�1= i+l7EZ } My COMMISSION f, W 271979 artt�� EXPIRES:IA,,, &,16,._,*8 :.o. VtIA�II yi23ll...1 i�_1 1115732602153! 3'28/07 IN WITNESS WHEF the undersigned party has agreed to this Development Agreement dated as of the day of%tYi.% , 2007. W n sses: -N, - "A6_ Print Name: zrr01CL Print Narne: i 4 RRC 57T14 Avenue, LLC, a Florida limited liability company By: University of Miami, a Florida non -profit corporation, its s e member 2, ,7 "ame: Joseph toli Title: Senior ice President for Business and Finance STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADE) 'The foregoing instrument was acknowledged before me thi day o , 2007, by Joseph T. Natoli, as Senior Vice President for Business and Finance, of the iversity of Miami, a Florida non -profit corporation, the Sole Member of RRC 57t1' Avenue, LLC, a Florida limited liability company. PS /She ispersonally known Ito me S or has produced a State of driver's license as identification. My Commission Expires: Sign Name: Print Name: Serial No. (nc MIAMI 8 19310.15 7326021531 13 3x8/07 (NOTARY SEAL] NOTARY PL, BL[C -STATE OF FLORIDA Melody M. Smith _ Commission #DDS89811 '•; F�cpires: OCT. 10, 2010 BONDED �pD ,grlAN. TIC BONDING CO.,1NC. l 1 B309MIT "A" Legal Descriptlon Parcel 1: All of Tract 1, of the REVISED- PLAT OF FERNWOOD, according tQ the Plat t> geof, 4s recorded in Plai 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 Bast 75 feet of the West 175 feet of t1le $oath 125 feel, of said Tract. . Parcel 2: The East 75 feet.of the West 175 feet of the South 125 feet of Tract -1, of REVISED PLAT OF FERN 1001), according to the Plat thereof, ass• recorded in Plat Book 35, at Page 72, of the Public Records of Miami Dade County, Florida. Parcel 3: The North 132 feet of the SE 1/4 of the NE 1/ of the SE '1/4 of Section 25, Township 54 Soi th, , Range 40 East, less the North 25 feet of the North 132 feet of the. SL '/4 of the NE 1/4 of the SE '/ of Section. 25, Township 54 South, Range 40 East. Parcel 4: That part ofthe SE 1/ of the NE V. of the SE' /4 of Settion 25, Township 54 South, Range 40 East, descdbed as follows: Begin at the SE corner of said SE %4 of the I,E 1/ of the SE 1/4; t1 enee run Wnt along the South I line of said SE 1/4 of the NE '/4. of the SE ' /a. for a distance of 185 feet for a Point of Beginning; thence run North parallel to. the East line of said SE 1/ of the NE 1/. of tl'e SE' /4 for a .distance of i 150 feet; thence run West parallel to the South line of said SE 1/4 of the NE 1/4 of the SE 1/4 for, a distance of 100 feet; thence run parallel to the East line of said SE 1/ of the NE 1! of the SE 1/ for a distance of 150 feet to the South line of said SE %4 of the NE 1/4 of the SE 1/; thence run East along said South line of the SE 4 of the NE 1/ of the SE 1l fora distance of 100 feet to the Pvint _ of Beginning, less the South 25 feet for public road purposes. . -Parcel 5: ;& North) 180 feet of the South 330 feet of the East 150, feet of Tract 1, of REVISED PLAT OF _ FERN-WOOD, according to the Plat. thereof, as recorded in, Plat Book 35, at Page 72, of the Public Records of hfiami Dade County, Florida. -Parcel 6: ' A portion of Tract 1, REVISED PLAT OF FERNWOOD, according to the Plat thereof, as recorded in Plat Book 35, at' Page 72, of the Public Records. of Miami -Dade County, Florida, more particularly described as follows: 1 That part of the'Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 25, Towbsbip 54 South, Range 40 East, described as follows: Begin at the Southeast carnq of said Southeast Quarter of Northeast Quarter of Southeast 125E979.1 7332425731 OR SK 25496 PG 0051 Quarter; thence nm West along the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 285 feet for POINT OF BBCrIl�TNING; thence run North parallel to East line of said Southeast Quarter-of Northeast Quarter of Southeast Quarter l5� feet; ' thertc� run West parallel to South line of said Southeast Quarter of Northeast Quarter Of Southeast Quarter 75 feet; thence run South parallel to the East line of said Southeast Quarter of Northeast Quarter of Southeast Quarter. 150 feet to the South line of said Southeast Quarter of Northeast Quarter of Southeast Quarter; thence East along said S6uth lane of tile. Southeast Quarter of Northeast Quarter of Southeast Quarter for a distance of 75 feet to the POINT OF BBGINNhNG, LESS the South 25 feet for public road. E EXHIBIT "B" PROPOSED -- PARK CONCURRENCY Red Road Commons On or before the issuance of the first building permit for the Project, the App'icant will pay a Park and Recreation Concurrency fee (the "Park Fee ") to the City of South ivliami (the ­City") demand offa p to This 409 payment will reserve residential iu`nits park concurrency to satisfy the be reserve to be developed on the Ptropevrtern nd they P oject re ains in full fore and effect.e "Development Agree ment go g in addition to the Park Fee, the Applicant will pay an interest fee (the "Interest Fee ") to the City .for interest accruing after the City's 'approval of the Developir:ent Order for the Project �� the If the[nterest Fee�slLpa on d or before November 17, 2006, s between November 1B, 2006 and r 1872007 and f� ay 175 007 s said Fee the Interest Fee is paid between February is $58,826,40. If the Interest Fee e I paid between e pa May 18, d betweeOnrAugu August 18, 2007 2007, said fee is $64,403.40. If th and November 17, 2007, said Fee is $69,895.20. M I A.M 1 115459 5.1 7000060147 * *REVISED*' SCHOOL IMPACT REVIEW ANALYSIS November 16, 2004 APPLICATION: Red Road Commons REQUEST: Development under the existing TODD (MU-4) zoning ACRES: 7.09 net acres LOCATION: 6600 and 5840 SW 57'h Avenue and 5757 SW 68th Street, South Miami NUMBER OF UNITS, 143 units (Current TODD Zoning allows for 266 residential units. Developer is proposing 409 residential units, thus generating a net density increase of 143 units) MSA: 5.3 = 0.20 Multifamily ESTIMATED STUDENT POPULATION: 29 students* ELEMENTARY: 13 MIDDLE: 7 SENIOR: 9 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Sunset Elementary -- 5126 S.W. 72 Street Coral Gables Elementary — 450 Bird Road G. W. Carver Elementary -- 238 Grand Avenue MIDDLE: Ponce De Leon Middle — 5801 Augusto St. SENIOR HIGH: Coral Gables Senior -450 Bird Rd. "Based on Census 2000 Information provided by Miami -Dade County Department of Planning and Zoning. Z •d 09Lt 966906 OWIWWUld 311S Wd8b:9 irOOZ iaT ��Q z The following population and facility capacity data are as reported by the Office of Information Technology, as of September 2003: Note, 1) The cumulative effect of other approved or proposed developments in the vicinity is not included as part of this analysis. 2) Figures above reflect the impact of the class size amendment. 3) Pursuant to the Interlocal Agreement, Coral Gables Elementary, Sunset Elementary, G. W. Carver Elementary and Coral Gables Senior High schools meet the review threshold. ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2003: Sunset Elementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement Special Programs: Lunch schedule: Non- instructional space utilized for Instructional purposes: Teachers required to float/travel: In each classroom and Media Center — daily access Classrooms and Media Center Grade "A" Before- school care, Magnet programs, enrichment classes and after Begins at 10:30 a.m. —ends 1:00 p.m. None Fourteen teachers g - d 09L�966SOE awiwwu-ld 31IS Wd€ it =S *002 VT oa(I STUDENT FISH DESIGN % UTILIZATION INUMSER OF % UTILIZATION POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN PERMANENT CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT . AND RELOGATABLE Coral Gables 7581 467 162 % / 62 143 °101 Elementary 762" 163%* 144 %" Sunset Elementary 1.0821 1,086 734 147%/ 148%* 208 1159'01 11 S ifo G. W_ Carver 6011 416 1440/o/ 66 1254/41 Elementary gds' 144°x' 126%* Ponce Qe Leon 1,5321 1225 125 % / 198 108 %1 Middle 1,539' 1266)6" 108%* Coral Gables Senior 3.6091 3,618 2092 , 173%/ 173 %' 95 165%1 165 %* " Increased student population as a result of the proposed development Note, 1) The cumulative effect of other approved or proposed developments in the vicinity is not included as part of this analysis. 2) Figures above reflect the impact of the class size amendment. 3) Pursuant to the Interlocal Agreement, Coral Gables Elementary, Sunset Elementary, G. W. Carver Elementary and Coral Gables Senior High schools meet the review threshold. ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2003: Sunset Elementary Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement Special Programs: Lunch schedule: Non- instructional space utilized for Instructional purposes: Teachers required to float/travel: In each classroom and Media Center — daily access Classrooms and Media Center Grade "A" Before- school care, Magnet programs, enrichment classes and after Begins at 10:30 a.m. —ends 1:00 p.m. None Fourteen teachers g - d 09L�966SOE awiwwu-ld 31IS Wd€ it =S *002 VT oa(I 4 y•d Coral Gables Elementary Access to computers, Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule. Non - instructional space utilized for Instructional purposes: Teachers required to floatttravel: G. W. Carver Elementary Access to computers: Capital improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non- instructional space utilized for Instructional purposes. Teachers required to float/travel: OeLbs6ssoe In each classroom (PK -5"' grade), special computer labs and Media Center None "A+' Florida School After - school care From 10:25 a.m. to 1: 00 P.M. Auditorium Lobby, ESOL pullout and CCHL pullout Spanish S, Spanish SL, CCHL, ESOL, Art, Music In each classroom and Media Center None Grade "A' After - school tutoring Begins at 10 :30 a.m. — ends at noon None Music and Art OWINWbij 31IS WdBir:S 'IF00a taT ��Q r, Ponce De Lefln Middle Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non - instructional space utilized for instructional purposes: Teachers required to float/travel". O Coral Gables Senior High Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non - instructional space utilized for Instructional purposes: Teachers required to float/travel: 0sLiIGGGS0E In each classroom, In special computer labs and Media Center Classrooms, Art/Music Suites and Science Labs "B" school Magnet programs and Community and Vocational classes Begins at 11:30 a.m. None Language Arts, ESOL, Math, Science and Geography In each classroom, in special computer labs and Media Center None Sterling Challenge Magnet programs and-Enrichment and Vocational classes Begins at 10:37 a.m. None Science, Math, Biology, ESE, History, Language Arts, ESOL, Business and Childcare DWIWWU IJ 31IS wdBir=S #moon bi oaa 9 •d OR SK 254916 PSG 0072 LAST PAGE PLANNED RELIEF SCHOOLS IN THE AREA (information as of November 2044): School Coral Gables Senior High School 834- student stations addition (District will remove 310 existing student stations housed in portables providing a net increase of 520 student capacity.) JRE Lee conversion to elementary (786 student stations) , Status Occupancy Date Under design 2005 -06 Pre - Planning 2011 OPERATING COSTS: According to Financial Affairs, the average cost for K -12 grade students amounts to $5,833 per student: The total annual operating cost for additional students residing in this development, if approved, would total $169,157. CAPITAL COSTS: Based on the State's November 2004 student station cost factors", capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 13 x $ 13,452 = $174,876 MIDDLE 7 x $ 15,423 = $107,961 SENIOR 9 x $ 20,449 = $183,681 Total Potential Capital Cost $466,518 ' Based on Information provided by.the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. D9Lb5665DE 9WIWWb1d 3115 Wd6b:9 i-DOR t►i �aQ JW-D,ROAD PRO UC 1110swAckagepirrAw sifft 150 AnAWA.C-A tfw-7*,M JUA -iwvt-.uwm, DATE OK-Mcx jwuary 18, 2-W8 121 pay: ....... thcusar4 *1395, daRam and 20 seas xr CITY OF-VcuTT0llAW- 6130,S T M W DpjvE SDV.TH L4"J. FL 33143 W- AMQUW 71"W7,89520 EXHIBIT "B" Page I of Page I of I g A -OK sm DEN5 EXHIBIT "B" Page I of Page I of I STATE OF FLORIDA a :..,,.- �i�l,Y I L; .. C, ;• ©EPARTN. W\`T OF TRANSPORTATION �j ��++►► r SPF�"djRN41TT V ii1 iCQ DATE: August 31 2007 PERMITNO: SEG f10N NO: 8 7O 6. .= STATE ROAD NO: 9 5 9 COUNTY: Miami. -Dade MILE POST FROM: TO: STATF PROJECT NO'. (if applicable) RECORD NO: APPLICANT: wood Partners ADDRESs:2600 'd Military Trail, Suite 100 cm: Boca Raton STATE; Florida zip CODE: 33431 TELEMONENO: (561) 893 -0094 mt requests permission from the State of Florida of Transpa:tation, hereinafter called the Department, to cons. trot, operate and maintain the shown in the accompanying engineering as dxacr'bed h. AV.7av i ICTIP 1'VP_lttP_ntS to SR X59 (Red. Road / _ SW 57 Avenue) from SR 5 IUS 1) to SW 66 Street Location of Construction, Street Name, axi Ntarest Intersection: SR 959 ( Red Rd SW 57 Ail) & Levante Av. . I. Is the proposed work within the corporate limitsofa municipality. Yes ) ilo ( j Name of Municipality; Local Government Contact: C3.tV O South Miami -- 2. Prior to filing this application, the location fall existing utilities, both aerial and underground, has been ascertained, and the accurate locations are shower net the draovings (as applicable). A letter of notification xzs mailed on to the followin util' winunicipa ms: Miami -Dade County, Atlantic Corn FPL, BellSOutVAT &T+ MDWSA �+ �1 �+� �y f a E for rYS�? Tec1, MCI 3. it r`E S�1'y tfQutal�t at (KiS p t int 9M&ist�oiip5^e5+issQe use j an cn i6n wntiim audio upon public propel, pursuant to this permit shall no operate to create or vest any property right in said holder. 4. Wherever it is determined by the Department that it is necossary 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 immedisiely 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 oth„er� S applicable cnocrra in effect at the time of permit issuance. The work shall be performed under the ir�)prt�i ItJI� ( PermiVMaintenance Engineer located st Telephone N #` M�(� i This designated engineer shall be noted forty -eight (48) hours prior to the PTa- construction rneeiiag end agasn immediately befatt commencement of work. All material and equipment shall be subject to inspection by the designated engineer or his authorized representatives. 6. All Department property shalt be restored to its original condition as far as practical in keeping evith Depanmcnt Specifications, and in a mane, satisfactory to the Department, within thirty (30) days of the installation of the permitted work. unless otherwise approved by the Department. 7. A drawing covering details ofthis -work shall be made apart of this permit. This drawing shall include plan, profile. and Bros sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes () No ( ). 9. Tne Perminea shall commence actual construction in good frith within1�days from the date of said permit approval and shall complete construction within days from the commencement of work unless the permittee shows good cause for delay and the Department approves and extension. No extension beyond one (1) year from the date of issuance of this permit will be granted. 9. This construction and maintenance shall not interfere %with the property and rights of a prior Permittee, SEE rs TI TACH ENT[S) I Special Conditions and Instructions by the Department: i. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Stat's right, t tte, and interest in the laird to be entered uposr and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee wilt, at all tines, assumall risk of and indemnify, defend, and save harmless the State of Florida and the Dcpattnrcnt from and against any and all loss, damage, cost, or expense arising in any manner on account of the exercise or attempted exercise by said Pernittee of the aforesaid rights and privileges. 12. During construction through Department acceptance of the permitted work, all safety regulation of the 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, Jndex Series 600, and the Manual of Uniform Traffic Control Devices. 13. In case of non - compliance with the Department's requirements in effect as of the approved date of this permit, this permit. is void and the work will be brought into compliance or removed from the right -of -way at no cost to the Department. Submitted and Agreed to b — —'r _. Corporate Seal Signal Permittee Ms. Tia H. Jessee Name and Title (Typed) Atlestcd Development Associate Recommended for Approval: Title: Date: Approved by: Q» Dates '0 Distr ict Permit Engineer or Authorized Represents . e G 7 9 0 U9 u EXHIBIT T" District Six 6/95 i)ATIs: . SECTION NO: ,•___._� f��_._,. ....... STATE ROAD NCI: __-,_-- _�....- .....___._ .... _ ........ _ _.. „__..._.._ -. COUNTY:. .. Illfnnil Datic . .....MILEPOST. FROM: S1 ATE ARC}IE t "I NO: -.,.. _...__ ( €fappll cable} RKOW NO: �_- ,__.___.._ APPLICANT: ...,..._ ------- CITY: T.,lyZiit#tll.. �__.� _...._._._ _ S•rA!rr -. �_FLOILT.J L _._....._.. ZIP CGDE: 33128 _ I970 .._.,._ .._. ThLEPti( }NE NO.: Applicant requests permission trom the state of Florida Department ofTransporiadon, hereinafter called theDepart:ment, tocimstntct. operate and innintain the Ilicility shown an the accompanying engineering as described here: 31GP A _ E _ ___REEL _CEhllrl!{T_ -.ASV 57 Location of Construction, Street Name and Neatest Intersection: .. ._.....__.. -_ _ Is the proposed work within the corporate limits Of a municipality: Yts (X) No ( } Name ofniuiticipality CUIiAL 1 t.ES Lmal Govcmment Contact M[r. Tlet adg n___- _ 21 Prior to fling1his application, the 16cation of all existing utilities, both aerial and underground has been ascertained, and tho accurate locations arc shown on the drawings (as applicable ). A le(ter of motif ca *.fog Was mail on _ 11f f ,29 I(17 to the following utilitieVcampanies:___ FPL. 3. his expressly stipulated that this permit is a lie r= for permissive use only and that the co7,, ,;ctiou Zhin and/or upon public property pursuant to this permit shall not operate to create or vest any propcdy right in said holder. A. kVftenevcr it is determined tty 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 etnd/or transportation t:`tcil ity. the Permittec shalt immediately remove any and all installed facilities from said highway and /ortraisponation facility, or reset or relocate thereon as required by the Department at the Pcrmittce's expense. 5. All work stall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge Construction, and otter applicable criteria in effect tit the time of pcmtl.t issuance. The work shall be performed under die inspection supervision of _ _ ParmitlMaintenance Engineer located at Teiephone No, �3Q�:} __Z56afi36Q__._� This designated engineer shall be notified Potty -eiphi (atS j Stouts prior to the pre- construction meeting and again immediately before commencement of work All material and equipment shah be subject to inspection by the designated criginecr 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 of the installation of the permuted work, unless otherwise approved by the Deputment. ,. A drawing covering details of this work shall be made a part ofthis permit. This drawing shall Include, plan, profile, and eroas sections as appropriate, and may be requimA to bear the seal of a professional engineer licensed in the: Suite OfFlarida As built drawings are required: Yes ( x ) No ( ). 81 The Permute steal l commence- actual ctmswction in good faith within _3q days from the date Of said pomtit approval turd shall complete construction within .,._365._._ days t}om tale coritmancarnCnt of svork unless thu pcnoittcd shows good cause for delay and the Department approves ail extension. No extension beyond one (1) year prom (he date of this issu race otitis permit will be granted, 9. ;his construction and maintenance shall nol interfere with the property and rights of a prior Pemtittec. Ill, Special Conditions and Instructions by tlhe Depat nicnt: .,,...__..,..,__�_W.- —. -• -- 1 1. It is understood and akrtccd that the rights and privileges herein set out are granted Only to tine extend Of the 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 of the exercise or attmuptcd exercise by said Permiatc of the aforesaid rights and privileges. 12. During construction through Department acceptance ofthcperminrdwork , all safetyregulationsofthe Department shallbe observed and the holder most take measures, including placement and display of safety devices. that may be necessary in order to safely conduct the public thrtwgh the project area in accordance with the Department's current edition of the Roadway and Traflic'Design Standards, Index Series 600, and the Manual of Uniform Tragic Control Devices. 13. in, cucofnon- compliance with tht Dc1pantritint. srequirrmtntsineiTectesoftheapprovcddatt :ofthispemtiy!h;lpermitis void and the work will be brough Art, liance or removed from the right -of -Way at no cWt to the Department. Submitted and Agreed to by: t" Corp oraic Seal Signtuurc of Ft rmiUCe Muhammed M. Hinton, F.E., Chief, Traffic Engineering Division Miami -Dade County Public Works Dept. - home and Title of Pemtittcc (Typed) Attested Recommended for approval: , Title. Date: ___ Approved by: � ; / �Q� �- ' Date: l 1 d,/d� Distnet Permit Foglnecr or Authorized Representative C:titorumcnts and ScaingslmjainyWMy fiocumccvs.Dcanis Burke pemtit.doc ki R:, t.J STATE OF FLORIDA P it iii DEPARTMENT OF TRANSPORTATION ION V'UT t?F SPECIAL PERMIT District Six 6/95 i)ATIs: . SECTION NO: ,•___._� f��_._,. ....... STATE ROAD NCI: __-,_-- _�....- .....___._ .... _ ........ _ _.. „__..._.._ -. COUNTY:. .. Illfnnil Datic . .....MILEPOST. FROM: S1 ATE ARC}IE t "I NO: -.,.. _...__ ( €fappll cable} RKOW NO: �_- ,__.___.._ APPLICANT: ...,..._ ------- CITY: T.,lyZiit#tll.. �__.� _...._._._ _ S•rA!rr -. �_FLOILT.J L _._....._.. ZIP CGDE: 33128 _ I970 .._.,._ .._. ThLEPti( }NE NO.: Applicant requests permission trom the state of Florida Department ofTransporiadon, hereinafter called theDepart:ment, tocimstntct. operate and innintain the Ilicility shown an the accompanying engineering as described here: 31GP A _ E _ ___REEL _CEhllrl!{T_ -.ASV 57 Location of Construction, Street Name and Neatest Intersection: .. ._.....__.. -_ _ Is the proposed work within the corporate limits Of a municipality: Yts (X) No ( } Name ofniuiticipality CUIiAL 1 t.ES Lmal Govcmment Contact M[r. Tlet adg n___- _ 21 Prior to fling1his application, the 16cation of all existing utilities, both aerial and underground has been ascertained, and tho accurate locations arc shown on the drawings (as applicable ). A le(ter of motif ca *.fog Was mail on _ 11f f ,29 I(17 to the following utilitieVcampanies:___ FPL. 3. his expressly stipulated that this permit is a lie r= for permissive use only and that the co7,, ,;ctiou Zhin and/or upon public property pursuant to this permit shall not operate to create or vest any propcdy right in said holder. A. kVftenevcr it is determined tty 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 etnd/or transportation t:`tcil ity. the Permittec shalt immediately remove any and all installed facilities from said highway and /ortraisponation facility, or reset or relocate thereon as required by the Department at the Pcrmittce's expense. 5. All work stall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge Construction, and otter applicable criteria in effect tit the time of pcmtl.t issuance. The work shall be performed under die inspection supervision of _ _ ParmitlMaintenance Engineer located at Teiephone No, �3Q�:} __Z56afi36Q__._� This designated engineer shall be notified Potty -eiphi (atS j Stouts prior to the pre- construction meeting and again immediately before commencement of work All material and equipment shah be subject to inspection by the designated criginecr 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 of the installation of the permuted work, unless otherwise approved by the Deputment. ,. A drawing covering details of this work shall be made a part ofthis permit. This drawing shall Include, plan, profile, and eroas sections as appropriate, and may be requimA to bear the seal of a professional engineer licensed in the: Suite OfFlarida As built drawings are required: Yes ( x ) No ( ). 81 The Permute steal l commence- actual ctmswction in good faith within _3q days from the date Of said pomtit approval turd shall complete construction within .,._365._._ days t}om tale coritmancarnCnt of svork unless thu pcnoittcd shows good cause for delay and the Department approves ail extension. No extension beyond one (1) year prom (he date of this issu race otitis permit will be granted, 9. ;his construction and maintenance shall nol interfere with the property and rights of a prior Pemtittec. Ill, Special Conditions and Instructions by tlhe Depat nicnt: .,,...__..,..,__�_W.- —. -• -- 1 1. It is understood and akrtccd that the rights and privileges herein set out are granted Only to tine extend Of the 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 of the exercise or attmuptcd exercise by said Permiatc of the aforesaid rights and privileges. 12. During construction through Department acceptance ofthcperminrdwork , all safetyregulationsofthe Department shallbe observed and the holder most take measures, including placement and display of safety devices. that may be necessary in order to safely conduct the public thrtwgh the project area in accordance with the Department's current edition of the Roadway and Traflic'Design Standards, Index Series 600, and the Manual of Uniform Tragic Control Devices. 13. in, cucofnon- compliance with tht Dc1pantritint. srequirrmtntsineiTectesoftheapprovcddatt :ofthispemtiy!h;lpermitis void and the work will be brough Art, liance or removed from the right -of -Way at no cWt to the Department. Submitted and Agreed to by: t" Corp oraic Seal Signtuurc of Ft rmiUCe Muhammed M. Hinton, F.E., Chief, Traffic Engineering Division Miami -Dade County Public Works Dept. - home and Title of Pemtittcc (Typed) Attested Recommended for approval: , Title. Date: ___ Approved by: � ; / �Q� �- ' Date: l 1 d,/d� Distnet Permit Foglnecr or Authorized Representative C:titorumcnts and ScaingslmjainyWMy fiocumccvs.Dcanis Burke pemtit.doc N T 4. ca > � Z P- M N >LLLL N Z LL LL a -a Oop to Z M C0 a Z© CO OD N N N G m > c6 >Ln Ln c13 OpO co Opp O � Z r cJ LCD c Z d T N G Z p M 00 2 Z p m 00 LO M 0 Lh ~ r h M f` M fl1 w O cj -j > ( (' p LO p LO 1-1 O p o ZpMp0 a c O 10 p C) d0 aZti Y) 4TmN Z ZCm �- r cYi ULL N ce) LL N I-- vi r` LL V- CL U- T CL O U' Cts > > O > O O P > 'Q O O P (� Z d0 d or) d' 00 Z i Z O M Co N Z p ti M 00 IM r r- �, ti i` c M co O E > C? -� ai O m V (D 0 d ti O Z Q O co a us O Z o O o co oo m 't Imo; N C', CO N T o M N t"i N T C1 � ?, > O v O p p M p oo ) Lo LO Vi O d tom- -0 O 0 p 0 Z p M 00 -0 co Z p O O M 00 co V co 0 >+ ca O p p >' > M O LL Lt -00 C'S �OMd.�? �ZpM00 0– zU-LLp d' P- N 0 N 00 O N T w fly •O cu (12 5 v a) w E2 r m cu c6 ¢!n w►° Sinw� —° ¢inwt -° ininw� — ° 0 W 04 W) d' to 06 'n W `n 0 F- OLLU_ OLLLL 'p Z r. M M -2 Z Imo- M Od M Z LL M 0 LL p 0 T3 Z LL LL q C M 0 0 LL d) M LL C6 LL N N D N MM N° U-� -D> O LL LL N > -a O LL LL Z LL LL Z 00 ? 0 p 0 Z LL N 0 LL Q 0 L Q :1 N 00 O F— M 00 L N -C N I- A C6 >+ (� >+ � f(6 N> N Q p CO N> � O O M U') O Q N Z O O co 00 N 0 0 0 W Z O M 00 Z ~ cvj - j M T— O M . w w ca w o oo Doo -0 4) OCOM ai c© 0C;;tigr c;�r� o� a a co M w °cO�OOo ca o0o 0 o o w M T3 Z G7 M 07 Z O M O c"� LL M (o > tt1 > `0 d -a O `ZoMO p O O LZoM6j O O U0 N N r cu O Zocho O CQ 0 > � 0 a)ZaMO o 0 N d c0 00 1~ a oo ti jL3 N > N > r cu > O Z p p O M M 10 0 (D Z 0 0 C> M > M Ooo >• > co OOC] Zoc'?CF) w )oarn �Zo() N i` d ` c o O I- t O O N r N _ C E E O OF'P C 4- C O a U) ui cc I— E O F ca cc C: 10 co cr) C7 c0 O O co d0? ' D © OMO �� _ al �Q L I� d U- l` V" � IL "t7 O O 7 0 0 W L0OM OcM N t r- N in v 0 0 CD M O V O O O M V to Q) O L6 r � ca u ca v ca 0o M0 NpOM0) 00 U) t� t— R 1W i ed first Un"I Methodist of South Aiami oad, Coral Gables, fL 33143 (305) 667 -7508 - fax,: (305) 667 -7509 6565 Red R ei 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. 66b 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 "E H 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 145735 8.1 7743027649 1/16/08 4.39 PM 46 ,; B HA n Sumberg A T T O R N E Y S AT LAW Jerry Proctor, Esq. Tel 345.350.2361 Fax 305.351.2250 jpr0Ct0 U1Wn: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 5157 S11V $8 Street, City of South Miami Dear Ms. Esquijarosa: Pursuant to Clause 6 i' attached Development Agreement R Commons" development, enclosed p lease fdachck to heMiami Dade County School Board in the amount of $34,800.00- and an building permitlrequhremens oft the tSchool Board on condition of the Development Agreement Y this matter. Thank you for your cooperation. JBP:id cc: Jay Jacobson (w /encl.) Tia Jessee (w /encl.) Julian Perez, City of South Miami (wlencl.) EXHIBIT "F" MIAMI t415963.1 7743027549 9/27/07 4:27 PM Aer-Nn PRICE. & AXELROC) LLP Sincerely, Jerry B. Proctor �ij lls00000006oul i:0610002271:200003504092311* 6 N IQ This instrument prepared by: Jerry B. Proctor, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard, Suite 2500 Miami, Florida' 3131 -5340 CF H 2007RO328885 OR Ek 25441 Pss 0047 - 51; t5vssf RECORDED 03130720337 15:02:31 HARVEY RUVINP CLERK OF COURT MIAMI-DADE COUWTYr FLORIDA (Space Reserved for Clerk of Court) UNITY OF TITLE This Unity of Title made and executed this Qel day.of M41MAi, 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 "G" k" Q, 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. 2 [Execution Pages Follow] a, Unity of Title Page 3 Signed, witnessed, executed and acknowledged on this day of ,Lorin , 2007. IN WITNESS WHEREOF, RRC 57th Avenue, LLC has caused these presents to be signed in its name by its property officials. WITNESSES: . r_a_ Print Name: I NO, - STATE OF FLORIDA 43 RRC 57th Avenue, LLC By: University of Miami, a Florida not for profit corporation, its sole member By: � � Nam seph T. atoll Title: enior Vice President for Business and Finance COUNTY OF MIAMI -DADE ) T f regoing instrument was acknowledged before me this a6ay of 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 [ w' ] have produced as identification. A . A My Commission Expires: NOTARY PUBL?C 76TE OF FWPdDA 00 011" 1 Melody M, Smith - + commission # DD589811 '- Expires: OCT. 10, 2010 3 BONDED THRU AaLA_\1nC BONDING CO.,1NC. NOT RY PU Print e: ,