HomeMy Public PortalAbout19-9681Centerpoint PropertiesSponsored by: City Manager
RESOLUTION NO.19-9681
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
DEVELOPMENT AGREEMENT BY CENTERPOINT
PROPERTIES TRUST TO CONSTRUCT A TRACTOR
TRAILER TRUCK PARKING FACILITY ON THE
VACANT LOT IDENTIFIED BY FOLIO 08-2129-018-0010
AND 30-2129-018-0010 IN THE I-2 ZONING DISTRICT;
PROVIDING FOR APPROVAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to the City of Opa-Locka's Code of Ordinances and the
City's Land Development Regulations, Ordinance 15-31, the City Commission has the
power to approve, approve with conditions or deny any site plan review request; and
WHEREAS, the applicant appeared and has presented their formal application
request, all evidence, documents, and marked exhibits before the Planning & Zoning
Board on June 4, 2019 pursuant to the City Code of Ordinances and the City Zoning
Regulations; and
WHEREAS, the City desires to approve a Development Agreement with the
City and applicant, Centerpoint Properties Trust, consistent with the terms and
conditions set forth in the attached Exhibit "A" attached hereto; and
WHEREAS, after reviewing the presentation and having had additional
discussion, the Planning & Zoning Board approved this request for final site plan
review approval at the June 4, 2019 meeting by a 5 to 0 vote; and
WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section
22-49 G. provides that all recommendations and findings of fact by the Planning &
Zoning Board shall be placed on the next available regular City Commission meeting
agenda in compliance with notice requirements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Resolution No. 19-9681
Section 1. Adoption of Representations. The above recitals are true and correct and
are incorporated into this Resolution by reference.
Section 2. Approval of Development Agreement. The City Commission of the City
of Opa-locka hereby approves / denies the Development Agreement between the City
of Opa-Locka and Centerpoint Properties Trust for the development of a tractor trailer
truck parking facility to include an office building and a designated area for employee
parking at the site identified by folios 08-2129-018-0010 and 30-2129-018-0010 for the
property located at the corner of NW 123 Street and NW 37th Avenue in the I-2 zoning
district, Opa-locka, FL.
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption by the City Commission of
the City of Opa-locka.
PASSED and ADOPTED this 24th day of July, 2019.
Matthew A. Piptt, Mayor
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Buadette Norris-W : - ks, P.A.
City Attorney
Resolution No. 19-9681
Moved by: Commissioner Kelley
Seconded by: Commissioner Burke
VOTE: 4-0
Commissioner Bass: YES
Commissioner Burke: YES
Commissioner Kelley: YES
Vice -Mayor Davis: YES
Mayor Pigatt: ABSENT
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City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Si ature:
Finance Director:
FD Signature:
Department
City Manager:
Newall j. Daughtrey
CM Signature:
Commission Meeting
Date:
06-06-19
Item Type:
(EnterX in box)
Resolution
Ordin
ce
O r
X
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance/Resolution Reading:
(EnterX in box)
1st Reading
2nd
Reading
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bi#: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational •
Bus. & Economic Dev
Public Safety •
Quality of Education •
Qual. of Life & City Image MI
Communcation MI
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
X
Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short rile:
A Resolution of the City Commission of the City of Opa-locks, Florida, recommending approval
of the Development Agreement for CenterPoint Properties Trust to construct a tractor trailer truck
parking facility on the property located at the corner of NW 123rd Street and NW 37th Avenue and
identified by folio 08-2129-018-0010 and 30-2129-018-0010 in the 1-2 zoning district. Providing
for an effective date.
Staff Summary:
Resolution-CenterPoint Properties Trust -Brian Hollings DA 6-6-19
CenterPoint Properties Trust c/o Brian Hollings, through their Engineer & Project Manager,
Michael Carr, P.E. of Langan Engineering & Environmental Services presented two requests to
Planning & Community Development Department Staff to be forwarded to the Planning & Zoning
Board for their review and approval recommendation. The first request was for site plan review
and approval recommendation to construct a tractor trailer truck parking facility which would
include an office building and a designated area for employee parking at the site identified by
folios 08-2129-018-0010 and 30-2129-018-0010 in the 1-2 zoning district. The second request
was for review and approval recommendation of the development agreement governing the site
plan at the site identified by the aforementioned folios in the 1-2 zoning district in accordance with
the City Zoning Code, Ordinance 15-31.
Background
to According Miami -Dade County Property Appraiser's website, the subject Properties legal
descriptions are as follow:
08-2129-018-0010
10TH ADDN TO SEABOARD IND PARK PB 158-44, TR A LESS BEG SE COR OF TR A IN SEC
28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT S01 DEG E 1064.81 FT TO
POB; LOT SIZE 337,304 SQ FT FAU 30 2129 018 0010 OR 22784-2048 1004 2
30-2129-018-0010
10TH ADDN TO SEABOARD IND PARK PB 158-44 T-21001 PORT OF TR A DESC BEG SE
COR
OF TR A IN SEC 28 TH S 87 DEG W 25 FT N 01 DEG E 1064-.81 FT TO POB; LOT SIZE 28,861
SQ FT FAU 30 3133 001 0040 OR 22784-2048 1004-2
The subject properties are currently owned by Franmar Properties of South Florida, LLC according
to the Miami -Dade County Property appraiser's website. The subject Properties are considered to
be virgin land because they were never developed prior to this proposed development which
explains the reason why there is not a physical mailing address yet assigned for the subject property.
The larger of the two parcels, 337,304 sq ft„ is located in the City of Opa-locka while the smaller
parcel, 28,861 sq. ft. is located in unincorporated Miami -Dade County as highlighted in red. (see
attached picture) The combined properties are approximately 366,165 square feet or 8.40 acres.
The site is only accessible via a county road at its most southern edge which provides for ingress
and egress, and is immediately adjacent to the most western point of NW 123' Street. That street
going eastwardly provides the vehicular path from and to the subject Property with NW 36th Avenue
and the major arterial road, NW 32nd Avenue.
Currently the site conditions are as follow: trees, overgrown grass, shrubberies, and various types of
vegetation. The site is located immediately adjacent to the main railroad, railroad spurs and
easements at its west, north and east edge.
Resolution-CenterPoint Properties Trust -Brian Hollings DA 6-6-19
The proposed development use for tractor -trailer parking and storage facility including an 1800
square foot office space is in harmony with the general characteristics of the surrounding
neighborhood for industrial uses which includes major and minor manufacturing, various product
distribution, wholesale storage, fleet operations, etc., and product storage.
The site plan provides that for this approximately 366,165 square feet or 8.40 acres combined site
that the applicant is proposing to remove all of the invasive Austrailian Pines trees on the property
and replacing them with other native trees as listed in the site plan. This site plan request is in
conformance with City Land Development Regulation 15-31.
Staff has recommended approval of this Request.
Attachment:
P&Z Application Package
P&Z Staff Report
P & Z Board Meeting Minutes 6-4-19
DRAFT Resolution-
Resolution-CenterPoint Properties Trust -Brian Hollings DA 6-6-19
Memorandum
T0: Matthew A. Pigatt, Mayor
Chris Davis, Vice Mayor
Sherelean Bass, Commissioner
Alvin Burke, Commissioner
Joseph L. Kelley, Commissioner
FROM: Newall J. Daughtrey, Interim City Manager
DATE: June 6, 2019
RE: A Resolution of the City Commission of the City of Opa-locka, Florida,
recommending approval of the Development Agreement for
CenterPoint Properties Trust to construct a tractor trailer truck
parking facility on the property located at the corner of NW 123rd Street
and NW 37th Avenue and identified by folio 08-2129-018-0010 and 30-
2129-018-0010 in the 1-2 zoning district. Providing for an effective date.
Request:
CenterPoint Properties Trust c/o Brian Hollings, through their Engineer & Project
Manager, Michael Carr, P.E. of Langan Engineering & Environmental Services presented
two requests to Planning & Community Development Department Staff to be forwarded
to the Planning & Zoning Board for their review and approval recommendation. The first
request was for site plan review and approval recommendation to construct a tractor
trailer truck parking facility which would include an office building and a designated area
for employee parking at the site identified by folios 08-2129-018-0010 and 30-2129-018-
0010 in the 1-2 zoning district. The second request was for review and approval
recommendation of the development agreement governing the site plan at the site
identified by the aforementioned folios in the I-2 zoning district in accordance with the City
Zoning Code, Ordinance 15-31.
Background:
According to Miami -Dade County Property Appraiser's website, the subject Properties legal
descriptions are as follow:
08-2129-018-0010
10TH ADDN TO SEABOARD IND PARK PB 158-44, TR A LESS BEG SE COR OF TR A
IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT S01 DEG E
1064.81 FT
TO POB; LOT SIZE 337,304 SQ FT FAU 30 2129 018 0010 OR 22784-2048 1004 2
30-2129-018-0010
Resolution CenterPoint Properties Trust -Brian Hollings DA 6-6-19
10TH ADDN TO SEABOARD IND PARK PB 158-44 T-21001 PORT OF TR A DESC BEG SE
COR OF TR A IN SEC 28 TH S 87 DEG W 25 FT N 01 DEG E 1064-.81 FT TO POB; LOT
SIZE 28,861 SQ FT FAU 30 3133 001 0040 OR 22784-2048 1004-2
The subject properties are currently owned by Franmar Properties of South Florida, LLC
according to the Miami -Dade County Property appraiser's website. The subject Properties are
considered to be virgin land because they were never developed prior to this proposed
development which explains the reason why there is not a physical mailing address yet
assigned for the subject property. The larger of the two parcels, 337,304 sq ft„ is located in the
City of Opa-locka while the smaller parcel, 28,861 sq. ft. is located in unincorporated Miami -
Dade County as highlighted in red. (see attached picture) The combined properties are
approximately 366,165 square feet or 8.40 acres. The site is only accessible via a county road
at its most southern edge which provides for ingress and egress, and is immediately adjacent
to the most western point of NW 123rd Street. That street going eastwardly provides the
vehicular path from and to the subject Property with NW 36th Avenue and the major arterial
road, NW 32nd Avenue.
Currently the site conditions are as follow: trees, overgrown grass, shrubberies, and various
types of vegetation. The site is located immediately adjacent to the main railroad, railroad
spurs and easements at its west, north and east edge.
The proposed development use for tractor -trailer parking and storage facility including an
1800 square foot office space is in harmony with the general characteristics of the
surrounding neighborhood for industrial uses which includes major and minor
manufacturing, various product distribution, wholesale storage, fleet operations, etc.,
and product storage.
The site plan provides that for this approximately 366,165 square feet or 8.40 acres
combined site that the applicant is proposing to remove all of the invasive Australian Pines
trees on the property and replacing them with other native trees as listed in the site plan.
This site plan request is in conformance with City Land Development Regulation 15-31.
Financial Impact: There is no financial negative impact to the City to approve this
Resolution.
Implementation Time Line: Immediately
Legislative History:
N/A
Staff Recommendation:
Staff recommends approval of this request
Planning & Zoning Board Recommendation:
P&Z Board Recommended Approval 5-0 Vote
Attachment(s)
Resolution CenterPoint Properties Trust -Brian Hollings DA 6-6-19
2
P&Z Application Package
P&Z Staff Report
P&Z Board Minutes June 4, 2019
DRAFT Resolution
Prepared By:
Planning & Community Development Dept.
Gregory Gay, Director
Gerald Lee, Zoning Official
Resolution CenterPoint Properties Trust -Brian Hollings DA 6-6-19
3
Record and Return to: (enclose self-addressed stamped envelope)
Marjorie C. Howard, Esq.
Richmond Breslin LLP
5215 Old Orchard Road, Suite 420
Skokie, Illinois 60077
This Instrument Prepared by:
Law Offices of Burnadette Norris -Weeks, P.A..
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA; AND
CENTERPOINT PROPERTIES TRUST
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of
August, 2019 ("Execution Date") by and between CenterPoint Properties Trust, a Maryland real estate
investment trust (the "Owner"), with the address of 1808 Swift Drive, Oak Brook, IL 60523 and the City
of Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"),
with a mailing address of 780 Fisherman Street, Opa-Locka Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 8.40 acres of land located on
NW 123 Street, partially within the municipal boundaries of the City and identified by Miami -Dade
County Tax Folio Nos. 08-2129-018-0010 and 30-2129-018-0010 (the "Property"), the legal description
of which is attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number 19-9680 approving a Master
Site Plan for the Proposed Development which includes an approximately 1,775 square foot office
building, as well as approximately 173 surface tractor trailer parking spaces; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida
Local Government Development Agreement Act, the Florida Legislature has determined that the lack of
certainty in the development process can result in a waste of economic and land development resources,
discourage sound capital improvement planning and financing, escalate the cost of housing and
development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning
and financing, assists in assuring there are adequate capital facilities for the development, encourages
private participation in comprehensive planning, and reduces the economic costs of development; and
982345.3 1
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City Commission pursuant to Resolution No. 19-9681, adopted on July 24,
2019, authorizes the City Manager to execute this Agreement upon the terms and conditions set forth by
the City Commission and listed below, and the Owner have authorized the Owner/Manager to execute
this Agreement upon the terms and conditions set forth by the City Commission and as listed below.
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises
herein set forth, the Owner and City agrees to as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed apart hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a public hearing pursuant to Section 163.3225,
F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement between the
City and the Owner(s).
(c) "City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan means the plan adopted by the City pursuant to Chapter
163, F.S.
(e) "Owner" means the persons or entities undertaking the development of the
Property, defined in the preamble to this Agreement, CenterPoint Properties Trust,
with the address of 1808 Swift Drive, Oak Brook, IL 60523 and/or any of its
respective successors, assigns, or heirs thereof.
(0 "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami -Dade County,
982345.3 2
(i) "Entire Term" is the total term of this Agreement, combining the Initial Term
(thirty (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's approval
of the Site Plan, and (b) the provisions of the Charter, Comprehensive Plan and
Laws of the City of Opa-Locka, including the City of Opa-Locka's Unified Land
Development Regulation Code and the Ordinance, as amended through the
Effective Date.
(1) "CenterPoint Properties Trust at NW 123rd Street" is the Final Site Plan approved
by the City Commission via Resolution No. 19-9680 for an office building and
surface parking.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
Includes any improvements or structures customarily regarded as land, except as
provided herein.
(p)
(q)
"Land Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision,
building construction, or sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa-Locka
affecting the development of land in effect as of the Effective Date, including
Opa-Locka's Land Development Regulation Code, the Ordinance Number 15-31.
(r) "Parties" means the City and the Owner.
(s) "Project" is the CenterPoint Trust at NW 123rd Street facility as described in the
site plan prepared by Langan Engineering and dated February 14, 2019, which
proposes the development of an approximately 1,775 square foot office building
and 173 tractor trailer parking spaces with related employee and guest parking.
(t) "Property" means the approximately 8.40 acres of land located on NW 123
Street, partially within the municipal boundaries of the City and identified by
Miami -Dade County Tax Folio Nos. 08-2129-018-0010 and 30-2129-018-0010,
the legal description of which is attached hereto and made a part hereof as
Exhibit "A."
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
982345.3 3
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Numbers 19-9680 and 19-9681 approving the
CenterPoint Trust Site Plan and Development Agreement at NW 123rd Street
Project.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed
and implemented as a development agreement among the parties pursuant to the Florida
Local Government Development Agreement Act, Section 163.3220 through 163.3243,
F.S., ("Act"), in compliance with Article V, Section 22-112 of the City of Opa-Locka's
Land Development Regulation Code, Ordinance 15-31, and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Owner, the Agreement with the clerk
of the Circuit Court for Miami -Dade County. This Agreement shall become binding on
the Effective Date. Notwithstanding the Effective Date provided herein and required by
Section 163.3239, F.S., the City and the Owner shall act in good faith to carry out the
intent of the Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all Parties (including the Owner) and
all persons claiming under it for an Initial Term of thirty (30) years from the Effective
Date, and may be extended for one or more Additional Term(s) thereafter by mutual
consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S.
Consent to any extension of this Agreement requires approval of both parties to this
Agreement. No notice of termination shall be required by either party upon the
expiration of this Agreement and thereafter the parties hereto shall have no further
obligations under this Agreement. The obligations imposed pursuant to this Agreement
upon the parties and upon the Property shall run with and bind the Property as
covenants running with the Property, and this Agreement shall be binding upon and
enforceable by and against the parties hereto, their personal representatives, heirs,
successors, grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the Agreement, the City
shall have ability and the rights under its police power to adopt Zoning Regulations not
inconsistent with the rights granted hereunder. In the event of termination or default, no
further rights under this Agreement shall exist, whether brought under a claim of vested
right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner
agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of Occupancy for
the Project, and shall be served by water and sanitary sewer main extensions as
982345.3 4
required by the City in accordance with Miami -Dade County permitting
requirements.
(b) All Public Facility improvements required by the City, by Miami -Dade County,
Florida, or voluntarily proposed by the Owner to be installed by Owner shall be
constructed in accordance with applicable governmental regulations prior to the
issuance of a Certificate of Occupancy of the Project.
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and verbal
representation submitted to the City Commission in order to receive approval
of the CenterPoint Site Plan at NW 123rd Street. Such items include, but are
not specifically limited to:
• Design of all physical structures, water bodies, private and public
improvements and
• The color and dimensional characteristics of all building materials.
• All landscaping, bay loading and parking spaces must be provided and
maintained as shown on the site plan.
(e) Owner guarantees to preserve and maintain all buildings, structures and
landscaping consistent with the CenterPoint Trust Site Plan at NW 123rd
Street, or to cause any tenant of the Property to do so, for the entire period in
which the Owner owns the land or controls at least 51 % ownership of the
Property, or controls at least 5% of any entity to which this agreement has been
assigned, sold or otherwise transferred. Any new owner must abide by the terms
of this agreement until August, 2049.
(f)
(g)
Owner shall submit annual reports and additional documentation to the City
as required by the Resolution to verify continuing compliance with the
Resolution. [NOTE: City to provide Owner with form of annual reports and
any additional documentation that will be required]
The Owner, will not physically alter or substitute the design of structures,
materials and colors included in the CenterPoint Trust site plan except as
approved by the City in the City's sole discretion. In the event that building
materials or colors are no longer available, the burden shall be on the Owner
and his assigns to prove that said materials or colors are in fact unavailable.
(h) The Owner and his assigns have agreed to limit the parking facility use to the
parking of tractors and trailers and will not include the parking of construction
equipment and the Owner and his assigns have agreed to prohibit on site any
container stacking or container storage.
(i)
0)
The Owner agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
The Owner and his assigns have agreed that no person shall sleep, camp, or
lodge on the property at any time.
982345.3 5
(k) The Owner agrees to employ Opa-locka residents through the assistance of the
Career Source South Florida Office (or similar organization as determined by
City) and shall also require all contractors and all their subcontractors to
employ Opa-locka residents through the assistance of the Career Source South
Florida office in coordination with the City of Opa-Locka and in accordance
with the Memorandum of Understanding between the City of Opa-Locka and
Career Source. [NOTE: City shall provide Owner with a copy of the referenced
Memorandum of Understanding and any additional documentation regarding
this requirement.]
(1)
The Owner agreed:
(1) To host job fairs before and during the construction phase of this
development for construction jobs;
(2) To host job fairs after construction for building (business) operation
jobs;
(m) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(n) The following timelines shall be complied with by Owner, CenterPoint Trust.
Said entity must work immediately to seek all applicable permits immediately
upon approval of this Agreement and shall:
•
Apply for building permits: within 6 months from the execution of the
Development Agreement. The City Manager may grant a single 6
month extension for good cause shown.
Must start construction: within 18 months following issuance of
permits. The City Manager may grant a single 12 month extension for
good cause shown.
• Must complete project: within 24 months following issuance of permits.
The City Manager may grant a single 12 month extension for good cause
(o) Developer shall prohibit the storage of construction and related vehicles,
including bulldozers, wheel loaders, excavators, backhoe loaders, dump trucks,
construction cranes and equipment associated with such construction and other
vehicles of this type.
03)
Hours of operation 6:00 AM to 9:00 PM
10. Development Permits. In accordance with Section 163.3227(1), F.S., the City needs to
approve the following additional development permits upon proper submission of all
requirements, and City review or inspections, in order for the Owner to develop the
Proj ect:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the CenterPoint
Trust Site Plan
982345.3 6
(c) Water, sewer, paving and drainage permits;
(d) Building permits;
(e) Sign permits;
(f) Certificates of use and occupancy; and
(g) Any other official action of the City and/or Miami -Dade County, Florida or other
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of Property.
(h) Any City liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this agreement for this property or any other property
owned by CenterPoint Properties Trust.
(i)
All currently non -compliant physical structures or vehicles shall be removed
prior to the execution of this agreement.
11. Public Services and Facilities; Concurrency. In accordance with Section 163 3227(d),
F.S., the City and the Owner anticipate that the Property and the Project will be served
by those public services and facilities currently in existence as provided by the State of
Florida, Miami —Dade County, the City, and/or as contemplated in this CenterPoint
Trust Site Plan. The Property and the Project will also be served by all public facilities
provided in the City's Comprehensive Plan, specifically including but not limited to,
those public facilities described in the Comprehensive Plan's Capital Improvements
Element. For the purposes of concurrency, the City hereby agrees to provide, reserve,
and allocate sufficient public facility capacity, including but not limited to water,
sanitary sewer, solid waste, drainage, fire and police to serve the development of the
Project on the Property for the period of this Agreement. The Owner shall be bound by
the City impact fees and assessments in existence as of the Effective Date of this
Agreement. Nothing in this paragraph shall relieve the Owner of the requirement to pay
impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
the City hereby finds and declares that the Owner's development of the Project on the
Property complies with the Laws, ordinances, regulations and policies of the City of Opa-
Locka, and is consistent with the City's Laws, Comprehensive Plan and Land
Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for the
Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-Locka,
including the City's Comprehensive Plan and Land Development Regulations, as of the
Effective Date of this Agreement, subject to the conditions of this Agreement. Except as
otherwise provided in the Act, the City's Laws and policies governing the development
of the Property as of the Effective Date of this Agreement shall govern the development
of the Property for the Entire Term of this Agreement unless terminated. Development
of the Property as outlined herein shall not be subject to any future changes to the Laws
of the City, including the City's Land Development Regulations and Comprehensive
Plan designation after the Effective Date and during the Entire Term of this Agreement,
982345.3 7
except to the extent that the Owners consent to such changes and except as otherwise
provided in the Act. The City may apply subsequently adopted laws or policies to the
Property only as permitted or required by the Act or as provided above or upon this
agreement being terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
15. Necessity of Complying, with Local Regulations Relative to Development Permits.
In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be
construed as a development permit or authorization to commence Development. The
Owner and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve the Owner of the necessity of complying with any and all
regulations governing said permitting requirements, conditions, fees, terms or
restrictions as long as compliance with said regulation and requirements do not require
the Owner to develop the Property in a manner that is inconsistent with the Laws of the
City of Opa-Locka in existence as of the Effective Date.
16. Good Faith: Further Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with
each other in good faith to effectuate the purposes and intent of and to satisfy their
obligations under this Agreement in order to secure to themselves the mutual benefits
created under this Agreement. In that regard, the parties shall execute such further
documents as may be reasonably necessary to effectuate the provisions of this
Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or
require the exercise of the City's police power or actions of the City when acting in a
quasi—judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City at:
With a copy to:
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
982345.3 8
If to the Owner at:
And
401 North Avenue of the Arts,
Ft. Lauderdale, FL 33311
CenterPoint Properties Trust
1808 Swift Drive
Oak Brook, Illinois 60523
Attn: Ed Harrington and Brian Hollings
18. Governing Laws, Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida. The Owner and the
City agree that Miami -Dade County, Florida is the appropriate venue in connection with
any litigation between the parties with respect to this Agreement. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the
parties hereto. In construing this Agreement, captions, and section and paragraph
headings shall be disregarded. All of the exhibits referenced in this Agreement are
incorporated in, and made a part of, this Agreement. In the event of any litigation
between the parties under this Agreement for a breach thereof, the prevailing party shall
be entitled to reasonable attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement that are applicable to and preclude the parties' compliance
with the terms of this Agreement, such Agreement shall be modified or revoked as is
necessary to comply with the relevant state or federal laws.
19. Severability. In the event that any term or provision of this Agreement is determined by
an appropriate judicial authority to be illegal or otherwise invalid, such provision shall
be given its nearest legal meaning or construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein and
merges all prior discussions between the Owner and the City. Neither party shall be
bound by any agreement, condition, warranty or representation other than as expressly
stated in this Agreement and this Agreement may not be amended or modified except
by written instrument signed by both parties hereto and in accordance with Section
163.3225, F.S.
21. Indemnification. The Owner shall indemnify and hold harmless the City, its elected and
appointed officials, employees, agents and assigns from and against any claims or
litigation arising under this Agreement instituted by third parties to the extent arising as
a result of the activities of Owner at the Property or in connection with the construction
of the Project.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall
review the Property subject to this Agreement at least once every 12 months to determine if
there has been demonstrated good faith compliance with the terms of this Agreement. If
the City finds, on the basis of substantial competent evidence, that there has been a
982345.3 9
failure to comply with the terms of this Agreement, this Agreement may be revoked or
modified by the City.
982345.3 10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Manager
Dated: day of , 2019
Approved for form and legal sufficiency:
City Attorney:
982345.3 11
OWNER
CENTERPOINT PROPERTIES TRUST,
WITNESS: a Maryland real estate investment trust
Print Name
Signature
Print Name
Print Name
Signature
Print Name
By:
Name:
Title:
By:
Name:
Title:
982345.3 12
EXHIBIT A- PROPERTY
TRACT A OF TENTH ADDITION TO SEABOARD INDUSTRIAL PARK, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 158, PAGE 44 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
982345.3 13
Page 2 of 5
m_ l: ; `' i
PLANNING & ZONING BOA.RD APPLICATION
Received:
By:
Date:
i
APPLICATION NUMBER: 1904 VI 6 CHECK NUMBER: IL '�‘:.?? 4461
DATE RECEIVED:
PROPERTY OU'NER'S NAME: CenterPoint properties Trust
PROPERTY OWNER'S ADDRESS: 1808 Swift Drive, Oak Brook IL 60523
Number/Street
APPLICANT'S NAIV1E:
Brian C. Hollings
APPLICANT'S ADDRESS:
City State/Zip Code
150 West Main Street, Suite 1820 Norfolk VA 23510
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 757-630-7474 HOME OTHER 757-630-7474
SUBJECT PROPERTY ADDRESS:
Number/Street
TAX FOLIO NUMBER: 7.-L tl;) ':: - PRESENT ZONING: 1 6 cr t1t-C. in
LEGAL (DESCRIPTION:
Tract A - PB 158, Page 44 -Flo Street Address
Please check specific request:
_Tentative Plat
Final Plat
_Comprehensive Plan Amendment: _Small Scale; _Large Scale (please specify type of amendment below)
Rezoning
_Drainage Plan
_Fill Permit Request
Preliminary Site Plan Review
Final Site Plan Review
-Conditional Use Permit - No Plans
Conditional Use Permit - With Plans
_Special Exception - No Plans
Special Exception - With Plans
`'"Development Agreement
Restrictive Covenant
Other - Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 15-I;
Land Development Regulations/ Zoning Code: Ordinance 15-3 I
Page" of 5
PL2•�:NNING 43: ZOrbT;1°'0G BOARD APPLICATiDiN
Received:
By:
Date:
Appliegr.lotts will not be accepted without Inc nollowfmg data. For ae public hearing., s;q9 items bellow are 7,ne essay
and must be submitted.
Completed application form
Application fee payable to the City of Opa-locka by check or money order
v" Copy of property owner's and/or applicant's driver license/photo 1.D.
affidavit (see below). and power of attorney of the property owner (page 3) (Both Ma Si be Notarized)
_ y _ A. completed Neighborhood Petition form (attached) with the signature of each property owner in front, in the
rear, to the left and to the right of the subject property, indicating his or her support for the proposed project.
(Must include name, address, folio and phone number).
P.P
\ all preliminary and final site plans, along with property survey, must be submitted on CDC -Rom disc in Cad and
P DF format.
a�
' Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches). (The submitted property
survey must not exceed a maximum of two (2) yeas from date created in order to be considered acceptable by the City of Opa-locl:a)
Fifteen (15) copies of Site Development Alan showing all drainage, water, sewer, structues, landscaping and
parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies
Q.
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said
parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel
(Original and 2 copies size of document to accommodate scale)
Narrative concept trust be submitted with application
1, Bnan C Hollings
understand that this
�ure
1/21/19
Date
AFFIDAVIT
being first duly sworn, depose and say that ➢ am the OWNER of the property .and 1
st be complete and accurate before a public hearing can be advertised.
Sworn to and subscribed before me:
Phis 21 st day of I, January 2019
f4 ,
NbtatY 6blic
My comnaission expires _ F _
Page 4 of 5
PLANTUNG is 1J13NiNG' BOARD L;..! PLICA 1 iON
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted.
'T.- .
Y P.J
From:
City of Opa-locks
CenterPoint Properties Trust
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf.
1 Brian C. Hollings
of the property legally described as:
Tract A - PB 158, Page 44 - No Street Address
being first duly sworn, depose and say that I am the owner
I do give to Michael Carr with Langan Engineers the power of Attorney and authority to speak in my
behalf in reference to the above described property. Further, by affixing my notarized signature to this document, 1 also
authorize Michael Can- with Langan Engineers to negotiate and commit to the City Commission and City
Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration.
Signature
1/21/19
bate-,��•- ��
Sworn m and subscribed before me:
January
illly commission expires: a
Notary Public
as�er.
aZti� � .......
. .
terrymeinir ij j,5-13 ;
iart' scvcir,g243 .Att7lgorlsZorang Codc Ordinancc 15 i
' E pl qF„ I p4. e cn
• ��9
e•,•r\, _
of f• a /
'cn.:;®000.'oo
u
Page 5 of 5
Am2eb zopy pr 3dentifierudon
RE. PROPERTY ADDRESS:
! Receive':
By:
Date:
PL.A.Nivi NC & ZOP,ILNIC BOA_R.E.)
NEIC.HBO.RE.I+000 PETITION
LEGAL DESCRIPTION: Tract A - PB 158, Page 44 - No Street Address
PROPERTY OWNER'S NAME: CenterPoint Properties Trust PHONE: 757-630-7474
ADDRESS (If different):
1808 Swift Drive, Oak Brook IL 60523
• Reference to Ordinance 15- I 3
Land Deveiopment Regal:Mons/ Awning Code: Ordinance 15-3