Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
19-9684 Florida Industrial Propertied for Construction and Operation of Tractor Trailer Parking
Sponsored by: City Manager RESOLUTION NO.19-9684 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BY FLORIDA INDUSTRIAL PROPERTIES EIGHT, LLC., FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK VEHICLE PARKING FACILITY ON THE PROPERTY LOCATED AT 4480 NW 128TH STREET ROAD IDENTIFIED BY FOLIO 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 AND 08-2129-005-1620 IN THE I-3 ZONING DISTRICT. PROVIDING FOR APPROVAL; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City's Code of Ordinance 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 March 5, 2019 and June 4, 2019 pursuant to the City Code of Ordinance and the City Zoning Regulations; and WHEREAS, the Planning & Zoning Board after reviewing the presentation and having additional discussion motioned and seconded this request the approval of a development agreement for at the March 5, 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. WHEREAS, the City desires to approve the attached Development Agreement attached hereto as Exhibit "A" to this Resolution. Resolution No. 19-9684 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Approval/ Denial of Development Agreement. The City Commission of the City of Opa-locka hereby approves the approval of a Development Agreement related to construction of a tractor trailer parking facility on the property located at 4480 NW 128th Street Road and identified by folios 08-2129-005 —1470, 08-2139-005-1590, 08- 2129-005-1600, 08-2129-005-1610 and 08-2129-005-1620 in the I-3 zoning district, Opa- locka, FL 33054 hereby attached as Exhibit "A". Section 3. Conditions. 1. The Owner and his assigns shall limit the parking on the site to parking for tractors and trailers only. 2. There shall be no parking or storage of construction equipment, construction and related vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, dump trucks, construction cranes and any equipment associated with such construction and similar vehicles of this type. 3. There shall be no container stacking or container storage on the site. 4. No person shall sleep, camp or lodge on the property site at any time. 5. Owner shall host job fairs before and during the construction phase of the development project for construction jobs. 6. Owner agrees to employ City of Opa-Locka residents through the assistance of the Career Source South Florida Office or a similar office designated by City if said office ceases to exist. Owner shall require that all contractors and all their subcontractors 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 South Florida. 7. The fueling provided on this site shall be solely for the fleet operation that is licensed on the site. There shall be no retail fueling permitted at any time. 8. Owner agrees to host job fairs before and during the construction phase of the development for any and all construction jobs. 9. The Owner agrees to host job fairs after construction of the building for building (business) operations and job hiring on the site once construction is completed. Resolution No. 19-9684 Section 4. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka and review by the State of Florida. PASSED and ADOPTED this 24th day of July 2019. Matthew A. Pigott, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bur .: tte orris- eks, P.A. 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 Pigott ABSENT 3111T13 Diu `SMI0'I3 VNINVOr •pasvq aq 0zu paddy alp yani a uodn aouapina pun Xuouipsal alp sapniaut p iooat goyim `apviu st s8uipaaoo rd alp fo paooa c unlvg4aa v wip a.Insua of pant XVIII `uosvaa lvyl lof put, `s8uzpaaaaid auiJO p rooai v paau ipm 8upvay .To 8upaaw yang;v parapyuoo Jamul i(uv padsai uoysrunuoo ao `XouaBv `pavoq (Cuv 0 vim uozspap (Cur) paddy o1 saiyap oum. auauy :S010'98Z S3 OI INVRS2IRd IgI0010) LOL8-556 (LL8) zo (lsmedS) £LL8-S56 (LL8) `(00I0A) OLL8-S56 (008) `(A.LL) ILL8-SS6 (008) le anions XEI011 epuoH all ouold0I01 deu[ u0X `paziediuT 21110011 luTo0001d all 01 zoud sAuP (6 uanas tell Inlet ou 00uelsrsse I0I 008Z-£S6 (SO£) le *WED )ilrp all jo aogjo all loeluoo pinup 3ucpaaoozd all ut aledropsed of suopepomm000e moods 8arpaau suoszad `066T jo loV saumgespa gum sueouaurd all gum aouepr000e uI •2trpuari oggnd all of loadsaz gum pleaq aq iirne pue $urlaaul sup pualle of pa8emooua aze suoszad palsazalur qv •epuold `e3iooi-ed0 `zooid 07 `mug ueuuagsr3 on `3IIap AID all jo aoujo aril ui paumgo aq Attu sum! anoge all uo uopeuuojuT ieuorlrppd '3IV41 3ALL33333 NV 1103 ONIiIIA02Id !S110N21H SaNHN3AI2IOS 1103 ONIQIAONd f.'IVAONddV 1103 ONI01402Id I.L3111ISIQ 9NINOZ Z-11 MIL NI OLZO-SZO-ZZIZ-80 0I103 MI Qal3ILNH01 HRNHAV aNZZ MN (INV I3H2iIS aaLbi MN 30 2IHN2I03 HILL IV Q3IV301 AIN3d02Id 3HI NO 9NIQ'IIng'IVI usaamnVIO2IHIAIIAIOO Hsn-Qmau MIMS .CHOIR NV IOn2IIsNOO OI OZZ `5121V41 SSHNIsng VxOO'I Vd0 IIAIVIIAI on INVAs NMVHS AS I53nbH2I INHIAiHH2IOV IN3L1id013A3Q HHI ONIAONddV `V01110'13 `VxOO'I-Vd0 30 AIIO 3HI 30 NOISSIIATJAIOO AIIO H11I 30 NOIIn'IOSH2I V 'HIVQ HAII3H33H NV 1103 9NIMA02Id !gamma SaIHNHA1113S 1103 ONIMAONd f'IVAONddV 1103 ONIMAONd !I3111ISIQ 9NINOZ Z-11 HILL NI 0L20-9ZO-ZZIZ-80 OI'I03 AS QHI3I,LAIHat HRNHAV oxZZ MN (INV lams mai MN 30 NHN2I03 3HI IV QHIVOO'I A la4102Id 311I NO O NIQ�ng'IVINISRQIII/'IVI32IH1ATOO awl -amain' MIMS IHOIH NV I3MILSNOO OI OZZ `312IVd SS3NIS1111 V31301 VdO IW VIIAI 0/3 INVAIf NMVHS AS IS3nbHN M3IAH2I NV'Id 3.LIS 'IVN 3 3HI ONIA02Iddd `VQI2I0'I3 `VxOOZ-Vd0 3o AIIO 311I 3O NOISSIWbiTOO AIIO MIL 30 NOI11110S3H V 'HIVQ 3AII3H.1.1a NV 2I03 ONIMA02Id !910211IH Sc2IHNHAI210S 2103 ONIQIAOZId='IVA02I4LdV HO3 ON HAO?Id !I3111ISI 19NINOZ £-I 311.E NI OZ91-S00-6Z1Z-80 (INV 0191 -500-6ZIZ-80 `009I-S00-6ZIZ-80 `0651-S00-6ZIZ-80 `OLVI-S00-6ZIZ-80 01103 AS Q3I3IIN3HI QVOI ZHH2LIS HAM MN OW IV QHIVOO'I ADM:1011a HHJ. NO AII'IIOV3 ONIx2IV431 H'IOIIIHA 31311)I,L 2I3'IIVIII NOIOV111 V 30 NOIIV2IHd0 (INV NOII3n2IISN00 HHI 2103 ` 3'11 `,LHOI3 S3II2IHd02Id 1VIIIISRQAII ✓ QI2I0'I3 AH INHIAI332IOV Ltkiam d0'I3AHQ HHI ONIA02IddV `V(H11013 `VN301-V410 A0 AIIO HHI 30 NOISSHAIb1I03 A.LIR 311,L A0 NOIIf110S32I V 'HIVQ HALL3aaa3 NV 1103 9NIHIAONd S2IO2I2iH S4/1aNHAI113S 110,1 ONIQIAONd i'IVA08ddV NO3 ONIQIAONd !IOI2IISIQ ONINOZ £-I HHI NI OZ9I-500-6Z1Z-80 (INV 0I9I-S00-6ZIZ-80 `009I-S00-6ZIZ-80 `06SI-S00-6ZIZ-80 `OLbi-S00-6ZIZ-80 0I'I03 AS QH1aLLNI QI QVOII IH32II5 RAZ' MN OM IV QH1,V301A,L2IHd02Id 311I NO AIITIOV3 ONI312IVd H'IOIlI3A xOnNI 2IH'IIV2II 2I0IOV2II V 3o NOLLV2IHd0 HHI 2Io3 SV9 'IHSHmQ 3O H'IV5 'IIVIHN 3HI MOZZV OI "DTI `I119IH S31INHd02Id 'IVI2IISRQNI VQI2I0'I3 AS ISHnbax NOIIdHOXH'IVIOHdS HHI ONIA02I41dV `VQINO'L3 `VxOO'I-Vd0 30 AIIO HHI 30 NOISSILIIIA103 AIIO atu, 3o NOLLn'I05H2I V HIVQ 3AI.L3H333 NV 2103 9NIQIA02I41 °S2I0211I3 SaN3N33I83S 1103 ONIQIAONd !'IVA02Id41V 110,1 ONMIAOW 4I3I2IISIQ 9NINOZ £-I MIL III OZ9I-S00-6ZIZ-80 (INV 0I9I-S00-6ZIZ -80 `0091-500-6ZIZ-80 406SI-S00-6ZIZ-80 `OLVI-500-6ZIZ-80 OI'I03 MI Q313IIN3QI QV02I IH32IIS aa8ZI MN OM IV GaLV001 AZ2I3d02Id HILL NO AII'IIOV3 9NI3111V41 3'I3IHHA mama 2IH9IIV2II 2IOIOVILL V 30 NOIIV2I3d0 QIIV NOIIOMILSNOO HHI 1103 ` Y-1'1 `TROTH SHIINHd02Id ZVI2II5nQNI Va1110'I3 AS ISHn032I M31AH2I NV141 HIIS 'IVNI3 3II ONIA01IddV 4V1I21013 `VxO01-V410 30 AIIO 3IL1 30 NOISSIBTIAI03 AIIO HHI 30 NOIL-110532I V 'HIVQ HAIIOH33H NV 2103 ONIOIA01141 IS1102RI3 &2IHNHAINOS 110,1 9NIQIA02Id °'IVA02IddV 1103 ONIQIA02I41 'IOINISIQ 9NINOZ Z-I HHI NI 0I00-810-6ZIZ-0£ (INV 0I00-8I0-6ZIZ-80 0I103 AS Q313IIN3HI 1,01 INVOVA HHI NO AII'II3V3 9NIxNVd xORNI 2IH'IIV2II 2I0I0VIII V IORNISNOO OI `ISn2II sals21341021d INI04111HIN33 AS INMAI332I9V Itsiam O'IHAHQ III ONIAO2IddV `VOI2I0'I3 `V31301-Vd0 30 AIIO HHI 30 NOISSIIAIIAIOO ALTO 311I 30 NOIIn'IOSH2I V 'HIVQ HALL3H333 NV 1103 ONIQIA02I41 =52101111a saiHN3ARiOs 1103 9NHIIA021d I'IVA01141dV 110.1 9NIQIA011d IZOI2IISIQ 9NINOZ Z-I 311I NI 0I00-810-6ZIZ-0£ (INV 0I00-8I0-6ZIZ-80 Of'I03 AS Q313IINH43I Io'I INVOVA HILL NO AII'IIOV3 ONIx2IVd 31392I1. 2131IVILL 110I3VIII V I3112IISNO3 OI `ISn2II SHLL2I3d02I41 INI04121HIN33 AS ISHRbH2I AMAMI NVId 3IIS 'IVNI3 3111, ONIAOILIJV `V0111013 `VM301-Vd0 30 AIIO 3111. 3O NOISSIIAILIIOO AIIO HHI 3O NOILMOSH2I V :S9N IIVHH OI'Ig(Id/SNOIIn.'IOSH2I Ja819uvAT kno ttq padosuods '(6TOZ `ZI guru uo INN Surreal oggndgtupeal lug) HIVQ HAII3H33H AIV 1103 DNB:HAMM !AII'IIIIV2IHAHS 1103 ONIQIA02Id I2IH'IVHdH2I (INV 1311.1NO3 1103 DKR:HAMM IS'IVII332I 30 NOIIV2I0(12I03NI 1103 ONIQIA02I4I 40079I`ZSZ$) SIIV'I'IOQ OMI-AIXI5 QNV Q32IQNRH HNO QNVSROHI OMI-AI3I3 QH2IQNR11 OMI QHHOXH oI ION INROIAIV NV NI `KOZ H9R02IHI OZOZ SIIVHA 1V3SI31103 IN3LII3OVNVIAI 2I3IVMIATIIOIS QH2IVHS 1103 AII'IIIn N3IVML1i2I0IS AINROO HQVQ-ILIIVILII 3HI HIIM INHIAI3H2I9V 1V30'I2I3.LNI NV HIROHXH 0I 2IHOVNVIAI AIIO 3111 9NIZRIOHIRV IVQI2101A `V31301-Vd0 30 AIIO 3111 30 NOISSITAIIAIOO AIIO 3HI 30 H3NVNIQ210 NV =ON IIVHH 3I11111d/H3NVNIQ2I0 ONIQV32I QNOOHS :sum! 8upswito3 alp zamsuoo 01 epuoT3 `e5i00I-ed0 `anuanV (zmiod) erurgo /mpg luapisazd SIZ `uzr101rpnV a8eigA Xpuogrags aril le "Iird 00:L le 6.10Z `0I uo &mann' uoisspnuroO magg su le s8uueal oggnd Nog nTM epuoi3 ` otooi-edo jo kip all 3o uorssiururoO X1TO 0l1 leril NHAI9 mfam H sI 3OIION aIrIllad aHZ OI aaIIONI VQI2IOrld `vIaO'I-Vd0 30 AIIa MNL SHOSHOIHNI WOYalVEHIWVIW 6lOZ OE *MINIM City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Siature: Finance Director: FD Signature: Department City Manager: Newall J. Daughtrey CM Signature: Commission Meeting Date: 07-10-19 Item Type: (EnterX in box) Resolution Ordinan a they 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: (EnterX 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 Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X mol Dev • • Image MI • Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A Resolution of the City Commission of the City of Opa-locka, Florida, recommending approval of the Development Agreement for Florida Industrial Properties Eight, LLC., for the construction and operation of a tractor trailer truck and major vehicle parking facility on the property located at 4480 NW 128th Street Road identified by folios 08-2129-005-1470, 08-2129-005-1590, 08-2129- 005-1600, 08-2129-005-1610, 08-2129-005-1620, in the 1-3 zoning district. Providing for an effective date. Resolution -Florida Industrial Properties Eight, LLC —DA 6-6-19 Staff Summary Florida Industrial Properties Eight, LLC, through their Engineer/Project Manager, Glen Hanks, P.E. and legal counsel Hope Calhoun, Esq. presented three 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 Final Site Plan review and approval recommendation for the construction and operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the property located at 4480 NW 128th Street Road, Opa-locka, FL 33054. This site is comprised of five parcels which are identified by folios 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 and 08- 2129-0051620 in the 1-3 Zoning District. The site plan review approval is recommended if the P&Z Board agrees that the site plan submitted is in compliance with the City Land Development Regulations (LDR) Ordinance 15-31. This information is listed in this staff report. The second request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review was to consider an approval recommendation for a Special Exception to allow the retail sale of diesel fuel (gas) for this major vehicle and tractor trailer truck vehicle parking operation as an option to the uses of the tractor trailer truck and major vehicle parking facility. According to the City LDR, Section 22-60 Conditional Uses and Special Exceptions, Special Exception is defined as uses permitted in a zoning district but only after public hearing. Section 22-60 B Approval Criteria, offers the following: the P&Z Board and City Commission shall use the following criteria in making their decision regarding approval or disapproval of a Special Exception application. (Items 1-12.) 1. Compliance with the City's Comprehensive Plan. 2. Consistent with the "character and purpose" of the zoning district. 3. The size, shape and character of the property are suited for the proposed use. 4. Compatibility with the existing uses near the property. 5. Will not adversely affect the development of the general neighborhood or district. 6. Will not generate vehicular traffic or create vehicular circulation or ingress/egress problems or parking demands that have an unfavorable impact on surrounding properties when compared with uses permitted by right in the same district. Resolution -Florida Industrial Properties Eight, LLC —DA 6-6-19 7. Potential for fire and/or other equally or greater dangerous hazards. 8. Create an unfavorable environment impacts on surrounding uses (e.g. noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance). 9. Consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property. 10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements. 11. Will not adversely affect any site or feature of historical, cultural, natural or scenic importance. 12. Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare. The third request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review and approval recommendation of their Development Agreement which incorporates in verbiage all of the improvements shown on the site plan, specifically, for the construction and the operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the site identified by the aforementioned folios in the 1-3 zoning district in compliance with the City Zoning code, Ordinance 15-31. Background • According to Miami -Dade County Property Appraiser's website, the legal descriptions for this industrial development site are as follows: LOTS 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, AND 53 AND LOTS 54, AND 55, LESS THE SOUTH 130 FEET THEREOF, ALL IN BLOCK 5, TOGETHER WITH LOTS 1 AND 2, IN BLOCK 6, OF MIAMI-DADE INDUSTRIAL PARK SECTION TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, AT PAGE TWO Resolution -Florida Industrial Properties Eight, LLC —DA 6-6-19 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. The subject properties that make up this site are identified by folios 08-2129-005-1470, 08-2129- 005-1590, 08-2129-005-1600, 08-2129-005-1610 and 08-2129-0051620 in the 1-3 Zoning District.and are currently owned by Satellite Communication Systems according to Miami -Dade County Property appraiser's website. The site previously operated as a satellite communication operation and the applicant is proposing to repurpose the existing building and remove all of the satellite structures and redevelop the site, according to the site plan, to operate a tractor trailer truck parking facility on this 185,069 square foot site. posed on: Staff recommends approval of this Development Agreement request without the Special Exception to allow the retail sale of diesel fuel. Attachment: P&Z Application Package P&Z Staff Report P & Z Board Meeting Minutes 6-4-19 DRAFT Resolution - Resolution -Florida Industrial Properties Eight, LLC —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 Florida Industrial Properties Eight, LLC., for the construction and operation of a tractor trailer truck and major vehicle parking facility on the property located at 4480 NW 128th Street Road identified by folios 08-2129-005- 1470, 08-2129-005-1590, 08-2129-1600, 08-2129-005-1610, 08-2129-005- 1620, in the 1-3 zoning district. Providing for an effective date. Request: Florida Industrial Properties Eight, LLC, through their Engineer/Project Manager, Glen Hanks, P.E. and legal counsel Hope Calhoun, Esq. presented three 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 Final Site Plan review and approval recommendation for the construction and operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the property located at 4480 NW 128th Street Road, Opa-locka, FL 33054. This site is comprised of five parcels which are identified by folios 08-2129-005-1470, 08-2129-005- 1590, 08-2129-005-1600, 08-2129-005-1610 and 08-2129-0051620 in the 1-3 Zoning District. The site plan review approval is recommended if the P&Z Board agrees that the site plan submitted is in compliance with the City Land Development Regulations (LDR) Ordinance 15-31. This information is listed in this staff report. The second request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review was to consider an approval recommendation for a Special Exception to allow the retail sale of diesel fuel (gas) for this major vehicle and tractor trailer truck vehicle parking operation as an option to the uses of the tractor trailer truck and major vehicle parking facility. According to the City LDR, Section 22-60 Conditional Uses and Special Exceptions, Resolution —Florida Industrial Properties Eight, LLC SP 6-6-19 Special Exception is defined as uses permitted in a zoning district but only after public hearing. Section 22-60 B Approval Criteria, offers the following: the P&Z Board and City Commission shall use the following criteria in making their decision regarding approval or disapproval of a Special Exception application. (Items 1-12.) 1. Compliance with the City's Comprehensive Plan. 2. Consistent with the "character and purpose" of the zoning district. 3. The size, shape and character of the property are suited for the proposed use. 4. Compatibility with the existing uses near the property. 5. Will not adversely affect the development of the general neighborhood or district. 6. Will not generate vehicular traffic or create vehicular circulation or ingress/egress problems or parking demands that have an unfavorable impact on surrounding properties when compared with uses permitted by right in the same district. 7. Potential for fire and/or other equally or greater dangerous hazards. 8. Create an unfavorable environment impacts on surrounding uses (e.g. noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance). 9. Consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property. 10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements. 11. Will not adversely affect any site or feature of historical, cultural, natural or scenic importance. 12. Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare. The third request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review and approval recommendation of their Development Agreement which incorporates in verbiage all of the improvements shown on the site plan, specifically, for the construction and the operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the site identified by the aforementioned folios in the I-3 zoning district in compliance with the City Zoning code, Ordinance 15-31. Background Resolution —Florida Industrial Properties Eight, LLC DA 6-6-19 2 " A c c o r d i n g t o M i a m i - D a d e C o u n t y P r o p e r t y A p p r a i s e r ' s w e b s i t e , t h e l e g a l d e s c r i p t i o n s f o r t h i s i n d u s t r i a l d e v e l o p m e n t s i t e a r e a s f o l l o w s : L O T S 4 2 , 4 3 , 4 4 , 4 5 , 4 6 , 4 7 , 4 8 , 4 9 , 5 0 , 5 1 , 5 2 , A N D 5 3 A N D L O T S 5 4 , A N D 5 5 , L E S S T H E S O U T H 1 3 0 F E E T T H E R E O F , A L L I N B L O C K 5 , T O G E T H E R W I T H L O T S 1 A N D 2 , I N B L O C K 6 , O F M I A M I - D A D E I N D U S T R I A L P A R K S E C T I O N T W O , A C C O R D I N G T O T H E P L A T T H E R E O F A S R E C O R D E D I N P L A T B O O K 8 6 , A T P A G E T W O A C C O R D I N G T O T H E P L A T T H E R E O F A S R E C O R D E D I N P L A T B O O K 8 6 , A T P A G E 7 4 , O F T H E P U B L I C R E C O R D S O F M I A M I - D A D E C O U N T Y , F L O R I D A . T h e s u b j e c t p r o p e r t i e s t h a t m a k e u p t h i s s i t e a r e i d e n t i f i e d b y f o l i o s 0 8 - 2 1 2 9 - 0 0 5 - 1 4 7 0 , 0 8 - 2 1 2 9 - 0 0 5 - 1 5 9 0 , 0 8 - 2 1 2 9 - 0 0 5 - 1 6 0 0 , 0 8 - 2 1 2 9 - 0 0 5 - 1 6 1 0 a n d 0 8 - 2 1 2 9 - 0 0 5 1 6 2 0 i n t h e I - 3 Z o n i n g D i s t r i c t a n d a r e c u r r e n t l y o w n e d b y S a t e l l i t e C o m m u n i c a t i o n S y s t e m s a c c o r d i n g t o M i a m i - D a d e C o u n t y P r o p e r t y a p p r a i s e r ' s w e b s i t e . T h e s i t e p r e v i o u s l y o p e r a t e d a s a s a t e l l i t e c o m m u n i c a t i o n o p e r a t i o n a n d t h e a p p l i c a n t i s p r o p o s i n g t o r e p u r p o s e t h e e x i s t i n g b u i l d i n g a n d r e m o v e a l l o f t h e s a t e l l i t e s t r u c t u r e s a n d r e d e v e l o p t h e s i t e , a c c o r d i n g t o t h e s i t e p l a n , t o o p e r a t e a t r a c t o r t r a i l e r t r u c k p a r k i n g f a c i l i t y o n t h i s 1 8 5 , 0 6 9 s q u a r e f o o t s i t e . F i n a n c i a l I m p a c t : T h e r e i s n o f i n a n c i a l n e g a t i v e i m p a c t t o t h e C i t y t o a p p r o v e t h i s O r d i n a n c e . I m p l e m e n t a t i o n T i m e L i n e : I m m e d i a t e l y L e g i s l a t i v e H i s t o r y : N / A S t a f f R e c o m m e n d a t i o n : S t a f f r e c o m m e n d s a p p r o v a l o f t h i s r e q u e s t P l a n n i n g & Z o n i n g B o a r d R e c o m m e n d a t i o n : P & Z B o a r d R e c o m m e n d e d A p p r o v a l 5 - 0 V o t e A t t a c h m e n t ( s ) P & Z A p p l i c a t i o n P a c k a g e P & Z S t a f f R e p o r t P & Z B o a r d M i n u t e s M a r c h 5 , 2 0 1 9 a n d J u n e 4 , 2 0 1 9 D R A F T R e s o l u t i o n P r e p a r e d B y : P l a n n i n g & C o m m u n i t y D e v e l o p m e n t D e p t . G r e g o r y G a y , D i r e c t o r G e r a l d L e e , Z o n i n g O f f i c i a l R e s o l u t i o n F l o r i d a I n d u s t r i a l P r o p e r t i e s E i g h t , L L C D A 6 - 6 - 1 9 3 Record and Return to: (enclose self-addressed stamped envelope) Dunay, Miskel & Backman, LLP 14 SE 4th Street Suite 36 Boca Raton, FL 33432 This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. City Attorney City of Opa-locka 780 Fisherman Street Ft. Lauderdale, FL 33311 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND FLORIDA INDUSTRIAL PROPERTIES EIGHT, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of August, 2019 ("Execution Date")_by and between Florida Industrial Properties Eight, LLC, its successors and assigns, a Florida limited liability company ("Developer") with a mailing address of 2131 NW 139th Street Unit 22, Opa Locka, FL 33054 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, Fl 33054 WITNESSETH: WHEREAS, the Owner/Developer intends to develop a facility for truck and major vehicle parking ("Project" or "Truck Depot") on approximately 4.2 acre property located at 4480 NW 128th Street Road ("Property") Opa-locka, Florida; and WHEREAS, the Properties that comprise this site are identified by Miami -Dade County Tax Folio Nos. 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 and 08-2129-005-1620 and is zoned I-3 (liberal industrial district) and legally described on the attached Exhibit "A"; and WHEREAS, at its meeting of July 24, 2019 the City Commission approved the site plan for the Project, pursuant to Resolution Number 19-9682 which allowed the repurposing of this site by removing the satellite structures, using the two buildings, (which total 10,171 square feet) for office and fleet service, providing 14 office parking spaces and two ADA compliant spaces and providing 108 truck parking spaces;, and WHEREAS, this Agreement shall be recorded in the public records of Miami -Dade County; 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 a Developer 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 WHEREAS, the Developer 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. 19-9684 adopted on July 24, 2019, authorized the City Manager to execute this Agreement upon the terms and conditions set forth below, and the Owner/Manager/Developer has authorization to execute this Agreement upon the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the Owner/Developer 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 a part 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" any one 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 Owner/Developer. (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. 2 d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163, F.S. (e) "Owner/Developer" means the persons or entities undertaking the development of the Property, defined in the preamble to this Agreement, Florida Industrial Properties Eight, LLC, a Florida limited liability company 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 changes 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, (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" all entitlements associated with the City's approval of the Site Plan, and the provisions of the City Charter, Comprehensive Plan and Laws of the City of Opa-Locka, including the City of Opa-Locka's Unified Land Development Regulation Code, as amended through the Effective Date. (1) "Florida Industrial Properties Eight LLC Site Plan" is the Final Site Plan approved by the City Commission via Resolution No. 19-9682 for tractor trailer truck and major vehicle parking. (m) "Governing Body" means the City of Opa-Locka's City Commission or successor entity. (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) "Land Development Regulations" means ordinances, rules and policies or customarily implemented by the City for the regulation of any aspect of (q) 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 Unified Land Development Regulation Code, the Ordinance Number 15-31. (r) "Parties" means the City and the Owner/Developer. (s) "Project" is the Florida Industrial Properties Eight development which includes office and warehouse buildings, along with 108 truck and major vehicle parking spaces and 14 office parking spaces, two ADA compliant parking spaces and code compliant landscaping as described on the Site Plan attached hereto as Exhibit `B". (t) "Property" means the approximately 4.2-acre site comprised of 5 parcels of land identified by Miami -Dade County Tax Folio Numbers 08-2129- 005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 and 08-2129-005-1620, and located at 4480 NW 128th Street Road Opa-Locka, FL. 33054 and identified more specifically by the legal description 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, 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 Number 19-9682 and 19-9684 approving the Florida Industrial Properties Eight Project and the Development Agreement. 4. Intent. It is the intent of the Owner/Developer 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 Unified 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/Developer, the Agreement with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the 4 Effective Date provided herein and required by Section 163.3239, F.S., the City and the Developer 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/Developer) 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 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 163.32279(c), F.S., the Owner/ Developer 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 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/Developer to be installed by Owner/Developer 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/Developer will abide by and not deviate from the terms of its graphic and verbal representation submitted to the City Commission in 5 order to receive approval of the Florida Industrial Properties Eight (Truck Depot) site plan. Such items include, but are not specifically limited to: • Design of all physical structures, water bodies, private and public improvements; • 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 Florida Industrial Properties Eight Site Plan at 4480 NW 128th Street Road, Opa-locka, Florida or to cause any tenant of the Property to do so, for the entire period in which the Owner/Developer owns the land or controls at least 51 % ownership of the Property, or controls at least 10% 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. (0 Owner/Developer shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. (g) The Owner/Developer, will not physically alter or substitute the design of structures, materials and colors included in the Florida Industrial Properties Eight 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/Developer and his assigns to prove that said materials or colors are in fact unavailable. (h) The Owner/Developer and his assigns have agreed to limit the parking facility use to parking tractors and trailers and will not include the parking of construction equipment and the Owner/Developer and his assigns have agreed to prohibit on site any container stacking or container storage. The Owner/Developer agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. The Owner/Developer and his assigns have agreed that no persons shall sleep, camp, or lodge on the property at any time. The Owner/Developer agrees to employ Opa-locka residents through the assistance of the Career Source South Florida Office 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 to provide Owner/Developer 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) The fueling provided on this site shall solely be for the fleet operation that is licensed on this site and shall not be for the retail fueling of any other vehicles. (n) All trash and garbage containers shall comply with all city dumpster enclosure requirements. (o) 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: (p) • 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. • Start construction: within 18 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause shown. • Complete project: within 24 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause. The Owner/Developer will 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. (q) Hours of Operation 5:00 AM to 9:00 PM (r) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this Agreement. (s) All currently non -compliant physical structures or vehicles shall be removed prior to the execution of this Agreement. (t) Owner shall comply with all terms and conditions set forth in City Commission Resolution # 19-9684 authorizing the execution of this Development Agreement. 10. Development Permits. In accordance with Section 163.3227(I), 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/Developer to develop the Project: (a) Site plan approvals; (b) Modifications to existing approvals and permits, including the Florida Industrial Properties Eight Site Plan; (c) Water, sewer, paving and drainage permits; (d) Building permits; (e) Sign permits; (0 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 Florida Industrial Properties Eight. (i) All currently non -compliant physical structures or vehicles shall be removed prior to the execution of this agreement. 11. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d), F.S., the City and the Owner/Developer 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, and the City. 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/Developer 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 Developers of the requirement to pay impact fees and assessments. 8 12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S., the City hereby finds and declares that the Owners/Developers 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, Except to the extent that Owners/Developers consent to such changes and except as otherwise provided in the Act. The City may apply subsequently adopt 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/Developer 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 Owner/Developer 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/Developer 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 9 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: City Manager City of Opa Locka 780 Fisherman Street Opa Locka, Florida 33054 With a copy to: Law Offices of Burnadette Norris -Weeks, P.A. City Attorney City of Opa Locka 780 Fisherman Street Opa-locka, Florida 33054 And 401 North Avenue of the Arts, Ft. Lauderdale, FL 33311 If to the Developer at: Florida Industrial Properties Eight, LLC Mr. Frank Vega 3523 NW 116th Street Miami, FL 33167 With a copy to: Dunay, Miskel & Backman, LLP 14 SE 4th Street Suite 36 Boca Raton, FL 33432 Attn: Hope W. Calhoun, Esq. 18. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Developer 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. 10 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 which are applicable to and preclude the parties' compliance with the terms of this Agreement, this 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 Developer 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. 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 failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. 11 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 Clerk City Manager Dated: day of , 2019 Approved for form and legal sufficiency: City Attorney: 12 DEVELOPERS/DEVELOPERS Florida Industrial Properties, Eight, LLC, a Florida limited liability company. WITNESSES: By: Signature Name: Frank Vega Title: Manager Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument acknowledges before me this day of , 2019 by Frank Vega, as Manager of Florida Industrial Properties Eight, LLC, a Florida limited liability company, who is personally known to me or has produced as identification and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida at Large Print Name 13 EXHIBIT "A" LOTS 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, AND 55, LESS THE SOUTH 130 FEET THEREOF, ALL IN BLOCK 5, TOGHETHER WITH LOTS 1 AND 2, IN BLOCK 6, OF "MIAMI-DADE INDUSTRIAL PARK SECTION TWO", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14 EXHIBIT "B" 15 Page 1 of 5 - HE GREAT CITY " ())19 pi) npa-giguza Received: By: Date: PLANNING & ZONING BOARD 1VIEE'ITING SCHEDULE AND REQUIR:EN ENTS F'Y 2018-2019 TOTAL FEES: $ New Fees as of October 1, 2015 FY 2018-2019 Meeting Dates 1st Tuesday of Each Month) 3. 4 October 2, 2018 November 6, 2018 December 4, 2018 January 8, 2019 February 5, 2019 March 5, 2019 April 2, 2019 May 7, 2019 June 4, 2019 July 9, 2019 August 6, 2019 September 10, 2019 Date Application Found Sufficient August 19, 2018 September 23, 2018 October 21, 2018 November 25, 2018 December 23, 2018 January 20, 2019 February 17, 2019 March 24, 2019 April 21, 2019 May 26, 2019 June 23, 2019 July 28, 2019 All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning & Zoning Board application, with the required documents and fees totaling (as established by ordinance),, paid by check or money order to the City of Opa-locks. Failure to submit all documents and fees will result in your case not being scheduled to be heard at a meeting. If the applicant seeking to appear before the Planning & Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M. (time and location are subject to change, please check with the Planning and Community Development Department for exact time and location of the meetings). Application package must include all required documents per checklist and fees of The City of Opa- locka. The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon finding of sufficiency. 5. You are required to complete and return this application along with all the information and documentation ( see page 2 check list) requested to the: City of Opa-locka Planning & Community Development Department 780 Fishermen Street 4th floor Opa-locka, FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 1 5- l 3 Land Development Regulations,' Zoning Code Ordinance 1 5-31 Page 2 of 5 PLANNING & ZONING BOARD APPLICATION Received- By - Date: APPLICATION NUMBER: CI[ECK NUMBER: DATE RECEI\,ED a PROPERTN OWNER'S NAME: Satellite Communications System PROPERTY OWNER'S ADDRESS: 5741 Cleveland Street, Suite 3001, Virgina Beach, VA 23462 NumberiStreet City State/Zip Code APPLICANT'S NAME: Florida Industrial Properties Eight, LLC APPLICANT'S ADDRESS: 3523 NW 116th Street, Miami, FL 33167 NumberStreet City State/Zip Code PHONE Nt MBER: OFFICE 305-681-9094 HOME OTHER 786-229-7148 SUBJECT PROPERTY" ADDRESS: 4480 NW 128th Street Rd., Opa-locks, FL 33054 NumberStreet TAX FOLIO NUMBER: 08-2129-005-1470 PRESENT ZONING: 1-3 LEGAL DESCRIPTION: See attached. Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: _Small Scale _Large Scale (please spec(fi 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 x Development Agreement Restrictive Covenant `Other - Please specify • Add any additional information that may be of importance to this request: Reterence !romance I 3.1 Land De\elupmern Regulation;. !tinini t ,>de hdinance ! I ?age J of Received: Sy: , Date: PLANNING' 3: ZONING BOARD APPLICATION (Checklist) Applications will not be accepted without the following data. For a public hearing, ail items beavw are necessary and must be submitted. X Completed application torm X Application fee payable to the: City of Opa-loeka by cheek or money order X _Copy of property owner"s andror applicant's driver license: photo I.O. X Affidavit see below). and power of attorney of the property owner (page 3) (Both must be Notarized) t l� Y p p4rtY tp' g X a completed Neighborhood Petition torn ; nached► with the signature of each property owner in front, in the rear, to the lett 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). x All prelimintuy and final site plans. along Mtn property survey, must be submitted on CD -Roan disc in Cad and PDt, fonnat. X Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches). (The submitted pmp.my surtey t►ttuu not sit:: ed a maximum of mu i' 1 ytmrs from date created to order to be zonaidezed aeeeptabieo by the City of Opa-lockal X Fifteen (15) copies of Site Development Plan showing all drainage:, water, seiner. structures, landscaping and parkin; in accordance with the Cit) 's zoning ordinanex; (size 36 x 24 at least 7 Sealed Copies X Nlap showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be I" _ l00" scale. Owner's name, address. folio number and legal deseription on each parcel (Original and'_' copies size of document to accommodate scale) X Narrative concept trust be submittc�i with application AFFIDAVIT being first duly swum. depose and say that I am the OWNER of the property ,and r understand that this application must be e:omplete and accurate before a public hearing can be advertised. Sip -lame -Q— Date Sworn to and subscribed betbre me. e 7 �t- Notary Public Attach campy of identification Piegzruucy to i.)iditt.mcc I5, I Land analopen.-nt Regwatiuns Zoning t od,r : )rdinanc.: 5-3 i made 4 of 5 A 1'1 ; & ZG � '}�, ltltlJ:'4f���`T-^iT a ..i 1�I Received: By Date' Phis form is it, he attached to ail applications and io be [-mimed with the application. No application will be honored or persons heard icy the Planning & ./_oning Board unless a notarized copy of this Power of Attorney is submitted. i o. C n oI Jpa-ioeka From: Subject: Frank Vega 1'0wa of Attorney tautyurizntirm ror a person. other than the property owner, w speak in the property oNvnes benaln. of the property legally described as: Sae the attached. . being first duly sworn, depose and say that 1 am the owner g7�e to Hope Calhoun. Esq. 'eh:alf in reference to the above described. property authorize Hope, Calhoun, Esq. Administration in my behalf ; will abide 115, ali :inai S i <;nat tee Date the power of Attorney and authority to speak in my Further. by affixing my notarized sip autre to this document, 1 also to negotiate and commit to the City Commission and City determinations of ide Ciry Commission and City Administration. SWorn to arid. subscribed h,cfore me l his atL,r�F Notary Public R.adr.;nh.:.: to t)mtmancu .t r La rau clop:noir 01,E 44.inL_ t y ter. 'VI expires „ - - ,� Page 5 of 5 Attach copy of identification PLANNING & ZONING BOARD NEIGHBORHOOD PETITION Received: By: Date: RE: PROPERTY ADDRESS: 4480 128th Street Road, Opa-locka, FL 33054 LEGAL DESCRIPTION: See attached. PROPERTY OWNER'S NAME: Satellite Communications System PHONE: ADDRESS Of different): eterVtahel.. )(4) 171#.1 Signain-e ' I Jima Ur Naiis 14UX ERNIE,NEVERSON 1301 STARLING CT VIRGINIA BEACH, VA :13.151.4957 , et Byes B L oferettett to urdirtuttee 15- t 3 Radii t Land Development Regulations 61.7 Iw DD 670132294 Digosimllaso 0)04.0, Endont.g au Ls AD; NONE 071151201 & Agartuisms Ex{NONE G125;1021 Paa,e 5 of 5 Attach cop:1, o; icienCificarior i'LANN'ING 8:. ZONING 30ARD .s;F:,C4-130Ri1001) PETITION IL.teeivcd: i3y• Date' RE. PRO.PERrY ADDRESS: 4480 NW 128th Street Road, Opa-locka, FL 33054 LEGAL DESCRIPTION: See attacned. FROPER FY OWNER'S NAME: Satedite Communications System piroNfE ADDRESS (if diffrent): Si nature Reiermcc U ; ',romance 3 anu dopm.,n, R.:4umot,u, Ct,u, orom.mce Page 1 of 5 " THE GREAT CITY " City if PaqUICIlia grkmrida Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2018-2019 TOTAL FEES: $ New Fees as of October 1, 2015 FY 2018-2019 Meeting Dates 1st Tuesday of Each Month) October 2, 2018 November 6, 2018 December 4, 2018 January 8, 2019 February 5, 2019 March 5, 2019 April 2, 2019 May 7, 2019 June 4, 2019 July 9, 2019 August 6, 2019 September 10, 2019 Date Application Found Sufficient August 19, 2018 September 23, 2018 October 21, 2018 November 25, 2018 December 23, 2018 January 20, 2019 February 17, 2019 March 24, 2019 April 21, 2019 May 26, 2019 June 23, 2019 July 28, 2019 1. All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning & Zoning Board application, with the required documents and fees totaling (as established by ordinance), paid by check or money order to the City of Opa-locka. Failure to submit all documents and fees will result in your case not being scheduled to be heard at a meeting. 2. If the applicant seeking to appear before the Planning & Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. 3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M. (time and location are subject to change, please check with the Planning and Conummity Development Department for exact time and location of the meetings). 4. Application package must include all required documents per checklist and fees of The City of Opa- locka. The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon finding of sufficiency. 5. You are required to complete and return this application along with all the information and documentation (see page 2 check list) requested to the: City of Opa-locka Planning & Community Development Department 780 Fishermen Street 4'1' floor Opa-locks, FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Page 2 of 5 " THE GREAT CITY " Otty,1) Apawgiacilla grkra/P PLANNING & ZONING BOARD APPLICATION Received: By: Date: APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Satellite Communications Systems, Inc. PROPERTY OWNER'S ADDRESS: 5741 Cleveland Street, Suite 3001, Virgina Beach, VA 23462 Nutnber/Street City State/Zip Code APPLICANT'S NAME: Florida Industrial Properties Eight, LLC APPLICANT'S ADDRESS: 3523 NW 116th Street, Miami, FL 33167 Number/Street City State/Zip Code PHONE NUMBER: OFFICE 305-681-9094 HOME OTHER 786-229-7148 SUBJECT PROPERTY ADDRESS: 4480 NW 128th Street Road, Opa-Locka, FL 33054 Number/Street TAX FOLIO NUMBER: 08-2129-005-1470 PRESENT ZONING: I-3 LEGAL DESCRIPTION: See attached. Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: _Small Scale; _Large Scale (please sped type of amendment Gelo0 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 x Development Agreement Restrictive Covenant Other — Please specify: Add any additional information that may be of importance to this request: Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Page 3 of 5 PLANNING & ZONING BOARD APPLICATION (Checklist) Received: By: Date: Applications will not be accepted without the following data. For a public hearing, all items below are necessary and must be submitted. x Completed application form x Application fee payable to the City of Opa-locka by check or money order x Copy of property owner's and/or applicant's driver license/photo I.D. x Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized) x 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). x All preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad and PDF format. x 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) years from date created in order to be considered acceptable by the City of Opa-locks) x Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies x 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) x Narrative concept must be submitted with application AFFIDAVIT 1, Ernie Hux , being first duly sworn, depose and say that I am the OWNER of the property ,and I understand thpt this application must be complete and accurate before a public hearing can be advertised. tfAit.Ants Signature I 301 atm Date Sworn to and subscribed before me: This i � day of -31) y , 2019 as1 t.„ackC Q Notary Public Attach copy of identification 121 e� -# 3o uq 8 Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires ?-30 -..20.? i Emi essad Hereon is M4 Cnmmonwoatth of Vtctinia Notary Pt:hiir. ,,,,, f ; ,r .ff. s° 011 Imires, Septemb r 1(),ackRt Page 4 of 5 PLANNING & ZONING BOARD APPLICATION 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. To: From: City of Opa-locka Ernie Hux, Satellite Communications Systems, Inc. Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). I Ernie Hux, Satellite Communications Systems, Inc. , being first duly sworn, depose and say that I am the owner of the property legally described as: See attached. I do give to Hope W. Calhoun, Esq. and Frank Vega 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, I also authorize Hope W. Calhoun, Esq. and Frank Vega 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 Ig 401q Date rr Sworn to and subscribed before me: This a day of , 2019 /04;04 Q . Lr1. Notary Public •ate CI Pt 3oga4 g Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 it ission expires: 7,.3n-Q0c1 Embosser! Hereon is My ,i :{r'.,„piles, Sepiernbat 30,a0,0/ Page 5 of 5 Attach copy of identification PLANNING & ZONING BOARD NEIGHBORHOOD PETITION Received: By: Date: RE: PROPERTY ADDRESS: 4480 NW 128th Street Road, Opa-Locka, FL 33054 LEGAL DESCRIPTION: See attached. PROPERTY OWNER'S NAME: Satellite Communications Systems, Inc. PHONE: l 51 -1 a i - i i D 0 ADDRESS (If different): Signature Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Dated: SELLER: BUYER: PROPERTY: ADDENDUM #2 TO COMMERCIAL CONTRACT' Nib SATELLITE COMMUNICATION SYSTEMS, INC., a -F1arida corporation JOSE FRANK VEGA and KEVIN A. GOCH OR ASSIGNS 4480 NW 128 St. Rd., Opa Locka, FL Parcel Identification Numbers: 08-2129-005-1470; 08-2129-005-1590; 08-2129-005- 1610; 08-2129-005-1620; and 08-2129-005-1600 This is an Addendum to the above -referenced Commercial Contract and any and all Addendum thereto (hereinafter all shall be jointly referred to as "the Contract") between the above -referenced Seller and Buyer fbr the sale and purchase of the above -referenced Property. This Addendum shall be part of and shall take precedence over any provisions to the contrary that are in conflict herewith contained in the Contract. Where not in conflict with this Addendum, the parties hereto ratify and confirm all other terms and provisions of the Contract. 1. The Due Diligence Period and the Loan Approval Date are both hereby extended to April 25, 2019. 2. The Closing Date is hereby extended to on or before May 6, 2019. 3. Whenever used the singular shall include the plural, the plural shall include the singular, and the use of any gender or number shall include all genders and/or numbers. 4. A legible facsimile or electronic media (including "scanned images") copy of this Addendum or the Contract or y notices required under either of them and any signature shall be considered for all purpos s as original and the Contract and this Addendum may be executed in counterparts, each of which s all be\ construed to be an original, but all of which shall constitute one instrument. 1‘. \91 Dated: I 1 Fe b Q 0 (i BUYER: \, a JOSE F K VEG KEVIN A. LOCH J SELLER: SATELLITE COMMUNICATION SYSTEMS, INC., a filarida corporation By: ERNIE S. HUPresident Page 1 of 1 ADDENDUM x2 TO COMMERCIAL CONTRACT VEGA and GOCH and SATELLITE COMMUNICATIONS Contract Addendum # 3 Re: Seller(s): SATELLITE COMMUNICATION SYSTEMS, INC. a Virginia Corporation, a corporation Buyer(s): Florida industrial Properties Eight, LLC, a Florida limited liability company Property: 4480 NW 128th Street Road, Opa Locka, FL 33054 The parties hereby agree to amend said contract as follows: 1. The Due Diligence Period shall end on June 13, 2019. 2. The Closing Date shall be June 28, 2019. 3. Upon written notice to Seller at least two (2) days prior to the; Closing Date, Buyer may unilaterally extend the Closing Date to on or before July 8, 2019. All references in the Contract to the ``Closing Date" shall be deemed to mean any extension of the Closing Date as provided herein. Addendum supersedes contract: The provisions of this addendum are made a part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of the Contract or this addendum and any signatures hereon shall be considered tier all purposes as originals. This contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and "Buyer" shall include singular or plural as context so requires or admits. Satellite Communication corporation By: Ernie S. Hux, President Systems, Inc., a Virginia Florida Industrial Properties Eight, LAX, a Florida limited liability company Date:13 � oil By. By: -t Kevin A. rre iVega, t1 a.fiager Da•te ''� .P , as Authorized Member DoubleTime Contract Addendum # 4 Re: Sellcr(s): SATELLITE COMMUNICATION sysTEms, INC, a Virginia Corporation, a corporation Buyer(s): Florida Industrial Properties Fight, LLt . a Florida limited liability company. Property: 4480 NW 128th Street Road, Opa Locka, FL 331)54 The parties hereby agree to amend said contract as follow~ 1. The Due Diligence Period shall end can June 27, 2019. 2. The Closing Date shall be July 8, 2019. 3. Upon vvritten notice to Seller at least two (2) days prior to the Closing Date, Buyer may unilaterally extend the Closing Date to on or before July la, 2019. All references in the Contract to the ``Closing Date" shall be deemed to mean any extension of the: Closing Date as provided herein. Addendum supersedes contract: The provisions of this addendum are made part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of the Contract or this addendum and any signatures hereon shall be considered for all purposes as originals. i'his contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and "Buyer" shall include singular or plural as context so requires or admits. Satellite Communication Systems, Inc., a Virginia Florida Industrial Properties Eight, a Florida limited corporation lia lity cotmpry v: al D-01 I)at4. f"1 `� I3y `� Date ._._ _... Ernie S. Hux, President Jose rand c�� � , �` V��.d �lan� cr ' iiy. _� \ Kevin A, - Date uthorized Membgr DoubleTime Contract Addendum # Re: Seliens) SATELLITE COMMUNICATION SYSTEMS, INC. a Virginia Corporation. a co Buyers) Florida IndustrialProperties Eight, LLC. a Florida limited liabilit com corporation Propaty: � NW 12&h Street Road, Opa Laces, FL33054 > panti The parties hereby agree to amend said contract as c,ltulA05 . The Due Diligence Period shall end on Juiy I 20l9.. 2. The Closing Date small be i.alr 5, 2019 3. Upon written notice to Seller at least two (2) days prior to the ClosingDate, Buyer extend the dosing Date to on or before August 1 2nlg.. yer may unilaterally Date" shall be deemed ire mein any extension +�t the Closing Date in the Contract to the "Closing s as provided herein, ,i�4leudaat su�trxe,dt's coat +et: The pros.,storts of this ajdelltitaTI sue, govern and control all contrast acre made a art of the subject contract and shalt superKt� ►d any si♦ prorscc,� in conflict therewith A t�simiie ("fax') copy of the Contract or this y vanires hereon shall be considered for aii pulses ,ss originals. This contract and or adclaxium mabe executed in several counterparts, each of which shall be construed as are cx°x ow, but .all of which shall coma X instrument, References herein to -Seller" ,and `Buyer" shall inc4ide singular or plural as context so �>u�ts lose once Of ems, Satellite Communication Systems. Inc., a Virginia Flortai Industrial Prapcnies irighc, Lid;* a Florida corpw tiara �a lrmrttd rn I ;; bili3} company By � Ernie S. Hu.k. Preside>z; Dale av' Jos Fri. Kevin Goo Date as Authorized :'vier r Contract Addendum # 6 Ire: Setla(s): SATELLITE COMMUNICATION SYSTEPdS, INC. a Virginia rC.orpnrattoa, a corpora*. Rayed* Florida lalastriai Peoperties Bight, Llte. • Florida UMW liabiirlg ea mpsay Property: 4411 N%V 121101 Streit hood, Ora Leeks, 111.331134 The Pinks i ercbr Wee to =cod said comma as &Nowt 1. The Due Diligence Period shall end on July 25, 2019. MOM Md saaesade: _gginst The provisions of this addendum are made a pat of Me subject moan mid slarll supersede, govern and control all oahaar.I provisions in conflict thaevwith. A simile ('floc•) copy ofore C.o. rect or this addendum and atgr siapounes lemon shall be considered for ail purposes as wigienals. This contact andfar addendum pray be executed in several count :psi,, each of which dolt the ooasaued as an original, but all of whidr shill candtme one immunem. Refitrences herein to "Seller end "Boyd shall include shinier ar plume, as tome* sa MOM Of admits. Satellite Cornnhcmia¢ion oorponnion • Systems, Inc, a Virginia Florida Industrial Properties ash% LLC. a Florida limited liability camper/ BY: _ � Ike:lt3k Ernie S. ,tux, ideal Ale„i Date Kevin /L e: Autbor+aed Meirnber Industrial Group Realty, Inc Commercial Contract FloridaRealtors. I. PARTIES AND PROPERTY: Jose Frank Vega & Kevin A. Goch andtor assigns to a related partly ("Buyer") 2 agrees to buy and Satellite Communication Systems ("Seller") 3 agrees to sell the property at; 4 Street Address: 4480 NW 128 St Rd., 0 a Locke, Fl - — 5 6 legal Description: 081129-0054470. 08-2129.005.1590. 08-2129-005-1610. 08-21294054620. 08-2129-0054600 7 -- 8 and the following Personal Property: All eauiament and Buildinas t6,262 soft and 4386 searft) on the aronarty 9 _ 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 2.80c..ma_Qn 12 (a) Deposit hekl in escrow by: $ 180.000.00 13 ("Escrow Agent") (checks are soiled to actual and foal =Oudot» 14 Escrow Agents address: _ Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 17 jg{ within 90 _ days after Effective Date $ _. 180,000.00 18 (0 Additional deposit to be made to Escrow Agent 19 Q within_ days (3 days, if left blank) after completion of Due Diligence Period or 20 D within _, days after Effective Date $ 21 (d) Total financing (see Paragraph�-- 22 (e) Other 23 M Ail deposits wilt be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 8 via wire transfer. $ 3z2,q.D00.00 2 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCEf EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seiler 28 and Buyer and an executed copy delivered to all parties on or before November 1, 2018 , this offer 30 will be withdrawn and the Buyers deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less wilt be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time is of the essence in this Contract. 37 4. CLOSING DATE AND LOCATION: 38 (a): Closing Date: This transaction will be closed on 30 days from end of Due Diligence (Closing Date), unless 39 specifically extended by other provisions of this Contract. The Closing Date will prevail over al) other time periods 40 including, butnot limited to, - cing and Due Diligence periods. In the event insurance underwriting is suspended Buyer t t and Seller y : :� L____} acknowledge receipt of a copy of this page, which le Page 1 of a Pages. e2017 Florida Realtorse :G-5 Kev. licensed to Alta Star Software end 1018842522453508. Software and added formatting 2018 Alta Star Software, all rights reserved. • www.aitastar.com • (877) 27943898 4t on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Dade County, Florida. (If left blank, dosing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 4s 5. THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third fixed 47 party financing in an amount not to exceed % of the purchase price or $ a 48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or 49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized 80 over years, with additional terms as follows: s� 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval withindays (45 days if left 54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (hi) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage as broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable ss diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) se deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract, eo if Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. si Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): if Buyer 83 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 85 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both es parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract if neither party elects to terminate this Contract as set forth above or Buyer fads to use 88 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction es does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter not a prequalifrcation letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by iS( statutory warranty 7a deed ❑ special warranty deed ❑ other _ , free of liens, easements and 74 encumbrances of record or known to Seiler, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and govemmerrtal regulations; and (list any other 76 matters to which title will be subject) 77 78 provided there: exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seiler will, at (check one) X Seller's ❑ Buyer's expense and 82 within 10 days after Effective late or at least days before. Closing Date deliver to Buyer (check one) 83 ❑ 0) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Cluing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase as price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 88 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. WO an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed as insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer (14 ) 0 and Seller ( ) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC-5 Rev. 9/ 17 C2017 Florida Realtors° Licensed to Alta Star Software and 1D9842522453308 Software and added formatting Q 209 S Alta Star Software, all rights reserved • www.altastar.com • (877) 279-8898 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. if such 92 an abstract or prior policy is not available to Seller then (I) above will be the evidence of title. 94 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of tide deliver written notice to Seller s4 of title defeats. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 9s sBuyer delivers proper written notice and Seller cures the defects within , 5 days from receipt of the notice 97 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 98 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the as scheduled Closing Date. Seller may elect not to cure defeats if Seller reasonably believes any defect cannot be 10o cured within the Curative Period, if the defects are not cured within the Curative Period, Buyer will have 10 days 1oi from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 1t74 103 (i.) ]Si Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 105 107 108 prepared for Seller or In Seller's possession, which show ail currently existing structures. in the event this 109 � transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the date this Contract is terminated. 110 Buyerat C1 Seller's X Buyer's expense and within the time period allowed to deliver and examine 111 11title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 113 encroachments on the Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing encroachments 14 such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 115 7. PROPERTY CONDITION: Seller will deliver the property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 1 is changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) • 124 CI(a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 125 condition. 126 tSI (b) Due Diligence Period: Buyer will, at Buyees expense and within 90 i days from Effective Date ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. Dunn the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations (Inspections") which 129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 130 environmental properties; zoning andzoning restrictions; flood zone designation and restrictions; subdivision 131 regulations;.soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; Compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 138 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at ali levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Settees prior written consent in the event this transaction does not close, (1) Buyer will repair all damages to the Buyer ( r ) ' and Seller (rr� ' �� � ( ) acknowledge receipt of a 9 p copy of this page, which is Page 3 of 8 Pages. CC-5 Rev. 9117 02017 Florida Realtors° Licensed to Alta Star software and 101842522453506 Software and added formatting 2018 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the property is not acceptable, Seller agrees that 14s Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 160 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and i51 to ensure that all Property is on the premises. 152 8.OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 15s vacant space, thatrnaterially affect the Property or Buyer's intended use of the Property will be permitted 2( only with 1ss Buyer's consent a without Buyer's consent 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. Jar (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 160 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys fees, taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 (c) Documents; Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, N applicable, the transfer of its 189 contract, and any assignable warranties or guarantees received or held by Seiler from any manufacturer, 178 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 172 applicable); tenant subordination, non -disturbance and atfomment agreements (SNDAs) required by the Buyer or 173 Buyees lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the in Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delive ry of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of local law. Seller will transfer security de 179 mortgages and motes, security deposits to Buyer. Buyer will provide the closing statement, mart 9 9 rity agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents premiums acceptable to Buyer, and operating ) association dues, insurance ts2 P P Y pe ng expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for iixtprovements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. ias on Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 1 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date, if an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last i estimate of the assessment This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deiiv - s directed any instrument, affidavit, or statement reasonably necessary to comply Sayer and Seller �'��? Yer (St3 � , ( ) acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC-5 Rev. 914. 02017 Florida Realtorse Licensed to use sew Software and ra1aazsaza�sos Software and added formatting OD 2018 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279.8898 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent, to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse theta in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Setter or Buyer, unless the misdeiivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agents duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator tor determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow, If Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes, in any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any Claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a► party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to dose. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 2.25 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date, their either party may terminate this Contract by delivering written notice to the other Zee and the Deposit shall be refunded to Buyer, thereby releasing Bayer and Setter from ail further obligations under this Contract. 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met; Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT: 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer. Seller may either (1) 239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in fun settlement of any claims, upon which this Contract will terminate or (2) seek 241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) • 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyers default. 244 15, ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 248 attorneys' fees, costs, and expenses, 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 260 representing a party will be as effve as if given by or delivered to that party. Buyer f (%* and Seller _ ( ) acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC-5 Rev. 9/17 ©2017 Florida Realtorse Lfoarraed to Alta Star Software and V642522453506 Software and added formatting 0 9018 Alta Star Software, all rights reserved • www.altastar.com • (877) 279-889B 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 256 attach to any interest in real property. This lien right cannot be waived before the commission is earned, 257 (b) Special Assessment Liens Imposed by Public Body: The Pro 2� assessment lien(s) imposed b a public � y. �'� may � subject to unpaid special Y p body. (A public body includes a Community Development District,) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 2B7 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing rnay be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996, Florida Statutes. 266 18. RiSK OF LOSS: 287 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bearthe risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 2es Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Sellerwill credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective pate and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 278 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award. or Sellers claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 26o 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise is not 281 assignable CI is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This 283 Contract is binding won Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 286 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 293 licensed real estate Broker other than: 294 (a) Seller's Broker: Vivo Real Estate, 295 301 (Company PRIMO (Licensee) (Address, Telephone, Fax, E•malq 296 who 0 is a single agent ]8i is a transaction broker Gil has no brokerage relationship and who will be compensated_ by 2R 21 Seller Q Buyer D both parties pursuant to ❑ a listing agreement Ni other (specify) 298 Seller to Da.y. Vhro a real estate commission equal to 2.5% of the Purchase Price at cfosina __ 299 300 (b) Buyers Broker: Industrial Group Realty,1Nc. (Company Nam) (Licensee) Buyer ( t)-*) and Seller CC»5 Rev. 9t17 Licensed taAtta Star Software and 11: 42522453506 Software and added formatting 02018 Alta Star Software, ail rights reserved M www.altastar.com • (877) 279.8898 (Address, Telephone, Fax, E-mail) { ) acknowledge receipt of a copy of this page, which is Page B of 8 Pages. 02017 Florida Realtors. 302 who ❑ is a single a ent isi is a transaction broker CI has no brokerage relationship and who will be compensated by 303 IX Seller's Broker SelferE1 Buyer0 both parties pursuant too an MLS offer comperisationR other s 304 - (specify) . •.. i.• fir. �• .:,. , , �. . , - A f . � -1 • r • 305 (collectively referred to as "Breaker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys` fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22.OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ Arbitration Q Seller Warranty ❑ Existing Mortgage 316 Ci Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval 317 ❑ Property Inspection and Repair Q Flood Area Hazard Zone Seller's Attorney Approval 318 ❑ Seller Representations ❑ Seller Financing ❑ Other - 319 23. ADDITIONAL TERMS: 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 •Il et • r • 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL. FOR LEGAL ADVICE (FOR EKAMPLE, INTERPRETING CQNTRAGTs, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer ---.+ and Selle acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. CC-5 Rev. 9/17 ©2017 Florida Realtors Licensed t0 Alta Star software and 0184252245350E Software and added formatting @ 2018 Alta Star Software, all rights reserved. • www.altastar.com • M77) 2794898 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION:. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL. INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do o. - 358 (Signet 359 Jose nk Venn Tax 1D No.: (Typed or Printed Na %of Bur) sso Title: tc..b) c..s. _ Telephone: tx 3 sm � � Date: (Signature of Buyer �etvi 352 Kevin A. Goch Tax ID No.: _Date: (Typed or Printed Name of Buyer) 363 Title: R,C.. �Ce i'io • Telephone: t„e, k . Ll, 364 Buyer's Address for purpose of notice \ k „ , _ t.:. ii 365 Facsimile: f‘or.• h , J .4n A rcie. i ela t2. Email: 6(64.(AW .654 I Sate/ Cr feation Systems 366 Affah.t Date: a 11I 15'111 (Signature of Sel r) 367 (Typed or Printed Name%eller) Tax ID No.: 3306LA 368 Title: Pres;a, id` Telephone: 7 51 - - o g3 s 369 Date: (Signature of Seller) 370 (Typed or Printed Name of Seller) 371 Title: Telephone: 372 Seller's Address for purpose of notice: 5141 373 Facsimile: 151 ' g i b s Tax ID No.: i t ec Skit, Email: et h; + e 54i " � e �, l 0 ile) 4RLI (a The Florida Association of REALTORS. makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR*. REALTOR* is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL_ ASSOCIATION OF REALTORSe and vitro subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or Buyer f kiat CC-5 Rev.9/17 Licensed to Alta Star Software and 1018425224153506 Software and added formatting riD 2018 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279.8898 ( and Seiler (� j 4 ) acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages, ©2017 Florida Reaitorse1 ADDENDUM #1 TO COMMERCIALCONTRACT SELLER: SATELLITE COMMUNICATION SYSTEMS, INC., a Florida corporation BUYER: JOSE FRANK VEGA and KEVIN A. LOCH OR ASSIGNS PROPERTY: 4480 NW 128 St. Rd., Opa Locka, FL Parcel Identification Numbers: 08-2129-006-1470; 08-2129-005-1590; 084129-005-1610; and 08-2129-005-1620 & 08-2129-005-1600 This is an Addendum to the above -referenced Commercial Contract and any and all Riders and Addendum attached thereto (hereinafter all shall be jointly referred to as "the Contract") between the above -referenced Seller and Buyer for the sale and purchase of the above -referenced Property. This Addendum shall be part of, and shall take precedence over any provisions to the contrarythat are in conflict herewith contained in the Contract Where not in conflict with this Addendum, the parties hereto ratify and confirm all other terms and provisions of the Contract. 1. All equipment located within the property shall be included as part of the purchase price. Seller shall have no responsibility or obligation to remove said equipment. Should Seller wish to exclude and remove any equipment located on the property, Seller must identify said equipment in the Contract. 2. Sub -Paragraph (b) of Paragraph 4 CLOSING DATE and LOCATION is hereby amended as follows:: (b) The Closing will take place in the office of the title agent and closing agent designated by the Buyer. 3. Paragraph 6 TITLE is hereby amended as follows: (a) Evidence of Title: On or before thirty (30) days prior to the Closing Date, as Title Evidence, the Buyer shall order from Old Republic National 'Tide Insurance Company a title commitment(s) for the Property. Said title commitment(s) shall serve as the Title Evidence hereunder. The Seiler shall pay for the Title Evidence (which cost shad not exceed the invoice price of the title commitment(s)) and the Buyer shall pay for the title premiums for both the owner's policy and any mortgagee title policy and endorsements. (b) Title Examination: Buyer shall have five (5) business days from receipt of the Title Evidence to deliver written notice to Seller of title defects. Seller agrees that all liens of an ascertainable amount created during Sellers period of ownership and/or assumed or accepted in writing by Seller are title defects which Seller shall cause to be released at the Closing. If Buyer fails to so notify Seller of any title defects, Buyer shall be deemed to have accepted title as it then is. Seiler shalt have thirty 00) days ("Cure Period") after receipt of Buyers notice of title defects to take reasonable diligent efforts to remove said title defects. If Seller cures said title defects within the Cure Period, Seller shall deliver written notice to Buyer (with, proof of cure acceptable to Buyer and Buyer's Attorney) and the parties will close this contract on the Closing Date ( or if the Closing Date has passed, within ten (10) days after Buyer's receipt of Seller's notice). If Seller is unable to cure said title defects within Cure Period, then Buyer may, within five (5) days after expiration of the Cure Period, deliver written notice to Seller: (a) extending the Cure Period for a specified period of time not to exceed ninety (90) days within which Seiler shall continue to use reasonable diligent effort to remove or cure the title defects ("Extended Cure Period"); or (b) electing to accept the title with the existing title defects and close the Contract on the Closing Date ( or if the Closing Date has passed, within the earlier of ten (10) days after the end of the Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate the Contract and immediately receive a refund of the deposit, thereby releasing Buyer and Seller from all further obligations under the Contract. If after reasonable diligent effort, Seller is unable to timely cure said title defects and Buyer does not waive said title defects, the Contract shall terminate and Buyer shall immediately receive a refund of the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. (i) Buyer shall order, at Seller's expense, a Lien Search within the time to provide the Title Evidence. All matters reveled in the Lien Search (including but not limited to any unpermitted existing improvements and any conditions disclosed by the Lien Search which have or could result in code and/or governmental violations against the Property), shall be treated as tide defects and must be cured within the cure period to clear title defects. The cost of the Lien Search shall be the invoice price. 4. Paragraph 7 - PROPERTY CONDITION is hereby amended to include the following: tkBawer t ` �v U _1 and Seller ( )f p acknowledge receipt of a copy of this page, which is Pape 1 of 5 (a) Buyer may extend the Due Diligence Period for an additional thirty (30) days in order to obtain fuel sale permits for the Property by notifying the Seller, in writing, prior to the end of the ninety (90) day Due Diligence Period in the Contract; and all references in the Contract to the Due Diligence Period shall mean the Due Diligence Period as same may be extended by Buyer. However, Buyer agrees that should Buyer elect to extend the Due Diligence Period for said additional thirty (30) days, and Buyer, for any reason, fails to close by the Closing Date for any reason other than Seller's inability to provide clear title pursuant to Paragraph fi of this Contract, the entire deposit shall be retained by Seller in full settlement of all of Seller's rights and claims under the Contract, and both parties shall be fully released from any and all rights, claims and obligations under the Contract. The parties hereby confirm that any such extension of the Due Diligence Period shall correspondingly extend the Closing Date. (b) For purposes of undertaking physical inspections and investigations of the Property, Seller hereby grants to Buyer and its agents full right of entry upon the Property during the Due Diligence Period, provided that neither Buyer nor any of Buyer's agents unreasonably disturb any of the activities being conducted on the Property. Before entering the Property, Buyer or any of Buyer's agents so entering shall, if requested, provide Seller with proof of appropriate liability insurance covering any and all losses, costs, claims, damages, liabilities, and expenses which might arise from the exercise by Buyer, or any of its agents, of the aforesaid right of entry. Neither Buyer nor Buyer's agents shall conduct any inspection so as to damage the Property, except damage reasonably resulting from soil borings, but if any such damage occurs, Buyer shall restore the Property to its pre -inspection condition no later than fifteen (15) days after the damage occurs. Buyer shall, in a timely manner, pay in full the cost of all Inspections, investigations, and inquiries of any kind, so that no person or entity shall have the right to file any lien against the Property. (c) Buyer, as a condition to its exercise of the aforesaid right of entry, agrees to indemnify, defend, and hold Seller harmless from and against any and all losses, costs, claims damages, liabilities, and expenses, including reasonable attorneys' fees and other costs and expenses incurred, sustained by, or asserted against Seller arising from the exercise by Buyer, or any of its agents, of the aforesaid right of entry. Without limiting Seller's remedies for any such damage, Buyer's obligation to restore shall be secured by Seller's right of setoff against the Deposit The foregoing indemnification provision shall survive the Contract or the termination of this Agreement (for whatever reason). (d) Seller shall notify Buyer if Seller is notified of any matter concerning a fundamental change in the condition of the Property prior to closing, in witting, within three (3) days. If Buyer requires the matter to be corrected prior to closing, Buyer shall notify Seller in writing within three (3) days from receipt of Seller's notice. Buyer's failure to provide timely notice shall be deemed acceptance of the Property with the matter as it then exists. If Seiler is unable or unwilling to correct the matter prior to closing, Buyer may terminate this Contract. Seller warrants that as of Effective Date, execution of this Contract is not a violation or breach of any agreement or judgment to which Seller is a party. (e) During the Due Diligence Period the seller/title holder will permit the Buyer to apply for any Federal, State, County or Local permits, approvals, licenses or any other regulatory agency documents necessary in order for the Buyer to utilize the property for its' intended purpose. (i) lfnecessary by requirement of any regulatory agency; Seller will permit Buyer to apply for any or all permits, approvals or licenses in the name of the Seller and at the time of closing will transfer any or ail permits, approvals or licenses obtained in the name of the seller/title holder, to the Buyer. (II) Buyer shall be responsible to pay for all costs associated with obtaining any permits, approvals or licenses that are obtained in the name of the seller/title holder on behalf of the Buyer. oil) Buyer shall fully indemnify Seller against any action taken due to seller/title holder allowing Buyer to obtain any permits, approvals or licenses on behalf of Buyer. (f) In the course of its investigations, Buyer may make inquiries to third parties, including, without limitation, tenants, lenders, contractors, property managers, parties to Service Contracts and municipal, local and other governmental officials and representatives and Seller consents to such inquiries. 5. Paragraph 8 - OPERATION OF PROPERTY DURING CONTRACT PERIOD is hereby amended to include the following: (a) Notices. Seller shall promptly furnish to Buyer copies of any written notices hereafter received by Seller of (i) any suit, judgment or other proceeding filed, entered or threatened with respect to the Property or Seller's use or ownership thereof, (ii) any actual or contemplated changes in zoning of the Properly or any other legal requirement which would 14- Buyer ( and Seiler ) acknowted9e receiot of a Cony of thin nano whir•h ie mt. z adversely affect the use, ownership, maintenance or leasing of the Property, and (iii) any default by any other party or notice or claim of default by Seller made by any other party under any of the Leases or Service Contracts. (b) Act or Omissions. Seller will not take or consent to take or omit to take any action which would render untrue or incorrect any of the warranties and representations made by Seiler herein or which would otherwise threaten or impair Seller's ability to perform as contemplated by this Contract. (c) Miscellaneous. Seller shall not convey any portion of the Property or rights therein, nor enter into any conveyance, security document, easement or other agreement or amendment to agreement granting to any third party or reserving on Seller's behalf any rights with respect to the Property or any part thereof, or any interest whatsoever therein, or any option thereto, and any such conveyance or other agreement entered into in violation of this provision shall be null and void and of no force or effect. (d) Condemnation. In the event any proceedings in eminent domain are contemplated, threatened or instituted by anybody having the power of eminent domain with respect to the Property or any portion thereof, Buyer may, at its option, by notice to Seller given within 10 business days after Seller notifies Buyer of such proceedings (and if necessary the Closing Date shall be extended to give Buyer the full 10 business day period to make such election): (a) terminate this Contract, in which event the Earnest Money shall be immediately returned to Buyer, or (b) proceed under this Contract, in which event Seller shall, at the Closing, assign to Buyer its entire right, tale and interest in and to any condemnation award (including any condemnation award to which it is entitled under any Lease), and Buyer shall have the sole right during the pendency of this Contract to negotiate and otherwise deal with the condemning authority in respect of such matter. 6. Paragraph 9 (b) Costs is hereby amended to include that Seller shall pay the Miami -Dade County documentary stamp surtax. 7. Paragraph 9 (c) Documents is hereby amended to read as follows: (c) Documents: Seller will provide the Statutory Warranty Deed, Bill of Sale, Mechanic's Lien and GAP Affidavit, , corrective instruments, assignments of permits and licenses, letters notifying tenants of the change in ownership/rental agent, originals of any assignable service and maintenance contracts that will be assumed by the Buyer after the closing, and letters to each service contractor from the Seller advising each of them of the sale of the property and, if applicable, the transfer of its contract, and any assignable warranties or guarantees received or held by the Seller from any manufactured, contractor, subcontractor or material supplier in connection with the Property, any tenants subordination, non -disturbance and attomment agreements (SNDAs) requested by the Buyer, 1099, and Non -Foreign Certification.. seller will also deliver a !~resolution of its members authorizing the sale and delivery of the Deed, a Certification certifying the resolution and a Certificate of Good Standing of the entity, if necessary Seller will transfer any security deposits and advance rent to Buyer on the closing statement. Buyer will provide the closing statement, mortgages and notes, security agreements and financing statements. The Seller agrees to execute any and all such other documents required by the title commitment issued in the transaction and as are standard and customary in Miami -Dade County, Florida in like transactions and any documents. required by the lender(s) of any mortgage(s) originated by the Buyer so long as any such document does not impose upon the Seller any obligation other than an obligation to which the Seller has otherwise agreed under the Contract. 8, Paragraph 13 (b) DEFAULT is hereby amended to read as follows: (b) Buyer's Default. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES IN THE EVENT OF A, FAILURE TO CONSUMMATE THE SALE DUE TO BUYER'S DEFAULT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, coNSiDERiNG ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS CONTRACT, THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULiD INCUR iN THE EVENT OF BUYER'S DEFAULT. IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT MADE BY BUYER SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY, IN LAW AND IN EQUITY, AVAILABLE TO SELLER FOR SUCH. FAILURE. BY PLACING THEIR INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THiS CONTRACT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. Buyer (_ ) CLand seller ) acknowledge receipt of a r:r+nv of this -r a Initials: Seller Bu 9. The following Paragraph is hereby added to the Contract; REPRESENTATIONS AND WARRANTIES (a) Seller's Representation. and Warranties. As a material inducement to Buyer to execute this Contract and consummate this transaction, Seller represents and warrants to Buyer ail of the fallowing. (i) Organization and Authority. Seller has been duly organized, is validly existing, and is in good standing in the state of its formation, and is qualified to do business in the state where the Property is located. Setter has the full right and authority and has obtained any and all consents required to enter into this Contract and to consummate or cause to be consummated the transactions contemplated hereby, This Contract has been, and all of the documents to be delivered by Seller at the Closing will be, authorized and properly executed and constitutes, or will constitute, as appropriate, the valid and binding obligation of Seller, enforceable in accordance with their terms. (5) Conflicts and Pendino Actions or Proceedings. There is no agreement to which Seiler is a party or, to Seller's knowledge, binding on Seller which is in conflict with this Contract. There is no action or proceeding pending or, to Seller's knowledge, threatened against Seller or relating to the Property, including, without limitation, any condemnation proceedings, which challenges or impairs Seller's ability to execute or perform its obligations under this Contract. (ill) Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers and others who have performed services or labor or have supplied materials in connection with Seller's acquisition, development, ownership, maintenance or management of the Property have been paid in full and all liens arising therefrom (or claims which with the passage of time or the giving of notice, or both, could mature into liens) have been satisfied and released. (iv) Service Contracts. Any list of Service Contracts to be delivered to Buyer pursuant to this Contract will be true, correct and complete as of the date of its delivery. Neither Seller nor, to Seller's knowledge, any other party is in default under any Service Contract. (v) Notice of Violations or Defects. Seller has received no written notice; that the Property or the use thereof violates any governmental law or regulation or any covenants, restrictions or CCRs encumbering the Property. (vi) Environmental. Seller has no knowledge of any violation of Environmental laws (as hereinafter defined) related to the Property or the presence or release of Hazardous Materials on or from the Property. Seiler has no knowledge of any underground storage tanks located on the Property. Seller has not manufactured, introduced, released or discharged from or onto the Property any Hazardous Materials or any toxic wastes, substances or materials (including, without limitation, asbestos), and Seller has not used the Property or any part thereof for the generation, treatment, storage, handling or disposal of any Hazardous Materials, in violation of any Environmental Laws. The term "Environmental Laws" includes without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act and other federal laws governing the environment as in effect on the Effective Date together with their implementing regulations and guidelines as of the Effective Date, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Materials (as hereinafter defined). The term "Hazardous Materials" includes petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel (or mixtures of natural gas or such synthetic gas), asbestos and asbestos containing materials and any substance, material waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law. (vii) Withholding Obligation. Seller's sale of the Property is not subject to any federal, state or local withholding obligation of Buyer under the tax laws applicable to Seller or the Property. (viii) Outside Agreements. Other than as delivered to Buyer, to Seller's knowledge, there is no other agreement, understanding or restriction with or for the benefit of any person or entity, whether private, public or quasi -public, that will be binding upon Buyer after Closing and which may prevent or limit in any way the current use, or Buyer's intended use, of the Property or for any uses allowed by current zoning regulations. Buyer ( Y k- y and Seller i( 1 acknowtPrina rartaint hf nne.0 nC 41.iw ........ ...r_:_I. t._ n_ _. _ . r .. (ix) Bankruptcy. neither Seller nor Seller's affiliate has (I) made a general assignment for the benefit of its creditors, (II) admitted in writing its inability to pay its debts as they mature, (iii) had an attachment, execution or other judicial seizure of any property interest which remains in effect, or (iv) taken, failed to take or submitted to any action indicating a general inability to meet its financial obligations as they accrue. There is not pending any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or recomposition of Seller under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking appointment of a receiver, trustee, or custodian for Seiler for all or any substantial part of its property. (b) Buyer's Representations and Warranties. As a material inducement to Seller to execute this Contract and consummate this transaction, Buyer represents and warrants to Seller that (i) Conflicts and Pendino Action_ There is no agreement to which Buyer is a party or to Buyer's knowledge binding on Buyer which is in conflict with this Contract. There is no action or proceeding knowledge, threatened against Buyer which challenges or impairs Buyer's ability to execute ecut orrperform Buyer's it obligations under this Contract. (c) The representations and warranties set forth in this Article are made as of the Effective Date and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments executed at Closing; but shall survive the Closing for a period of ninety (90) days after the Closing Date. 10. Although the Contract is not contingent on the Buyer obtaining financing, Seiler permits Buyer to disclose the Contract and such information concerning the Property as may be required by any lender from whom Buyer may seek financing. 11. Paragraph 3 TIME FOR ACCEPTANCE;EFFECTIVE DATE; COMPUTATION OF TIME is hereby amended as follows: The Effective Date shall be the date the last of the parties executes the Contract and this Addendum. 12. MISCELLANEOUS: (a) Whenever used the singular shall include the plural, the plural shall include the singular, and the use of any gender or number shall include all genders and/or numbers. (b) A legible facsimile or electronic media (including "scanned images") copy of the Contract and. this Addendum, any notices required hereunder or under the Contract and any signatures hereunder or under the Contract shall be considered for all purposes as an original and this Addendum and the Contract, may be executed in counterparts, each of which shall be consd(ued be an original, but all of which shall constitute one instrument. Dated: Dated: i I I 1g BUYER: SELLER: SATELLITE COMMUNICATION SYSTEMS, INC., a Florida corporation By: ERNIE S. HUX, Pfesident Buyer( ilk and seller ( ){ 1 acknetwIAr{na rar sin. ni e•n.+., tut.. Pro iect Narrative Florida Industrial Properties Eight, LLC ("Developer") intends to construct a facility for tractor trailer truck and major vehicle parking, along with the retail sale of diesel gas ("Project") on property located at 4480 NW 28t Street Road ("Property") in the City of Opa Locka ("City"). The Property is zoned I-3 (liberal industrial) and consists of 4.2 acres. Access to Property will be provided from 128t Street Road. In addition to the proposed fueling stations, the Project will include two (1) story buildings. The two existing buildings on the Property will be used for office and maintenance facilities for vehicles. The parking and landscaping proposed will meet the City's zoning code and serve to enhance the area. In accordance with the I-3 zoning regulations, tractor trailer truck, and major vehicle parking are permitted by right, and retail diesel fuel sales (service stations) are permitted by special exception. In connection with the development of the Project, the Developer has submitted a site plan application, a special exception application, and a Development Agreement for review and approval. ,: _�,'}i,'� ,-111��} •_l.;!11i �.��Il�/ .-.,e�y?'(,,�'�.��i�[ l�,Jal.Il"» i, •< J ! D -_''lit `J() Street. 33,154 • - ` n 77 8— Street, Opa-i ccka FI ?avng aka R,'Ar yr '•;;Jha,l !Vli!H-1 5 -r• r u ,1 (` _ ,-.r 1 r 1 > prepared f - 1 1 ; (� J l� �.. r ] '� �. ' ' 47 l " •/J I � ,�Gt�'y •.,. 5 O.T C_ Jr_�7dr'_G _r,e I �" � -�-' =� ,�_ ,i_ .�� J :IJS,=., �,:.�, a�Ir 2a i ing aiee at -.480 (\ivi 3;reei: =1'I - ti 'tali rigS IS 3 coinnicn tern-, 1'01 R3Veime ar a c-:Jsherl asonaii ,Ozlvemen tha` roac;wa'/[> p,-Incipal components 01' RAP 1,- Eionda ac-e aggre.gaa72 vn/ j.. a Lmli.]c" {-sphe.l[ '"Jill the aspliail paving RAP 5 a vve.' _na.. -,a: an, asphalt C' iwi-neo) coating The r a''_'artai is oerv,io.uS a lc, _ne mre,s _ a."'il_;ce 1 S'. Various DCT c •iav`= approved RAP i0r use 2S a base or SU JdSe. - -- ai , .)oh is roi Su,taple aS a vi/_ar:i,g „o_.,,2 ipr rieeviL,�ra'v�•__ _ "'I-�h`_ 'J__ 2.5;)nal. {\/IIiIIngS) IS propose: as NearIng �L "race rOr Cr,� 'rl_.c.,. pa�"lcnq, ' s[C.-?5e area -J' the :rucic Storage area. a b " ;aver 0 R,Ar 'vVl l oe SrJi`Pa:' anc o Pa(„C=ci 2:'ver a base of D f`3 as life Wearing st) "mete iUr [Ile -ruc{C corm 0 is an annre!y reclaimed or rec,clec. material -a of i `115 m?,?rial -2;nSuropt;on aadlilonal natural res(,i.Jrc s anci inay Pe us _. -he proi' : 'S :-/et"'.i c_IS an'._. ��.,.- le use 'J` ` ,AP �:,_ C ' ��. '1- );a ,..r G!__' coif- _� If� l;nal s•.arfacP_ il.. il_ ./,/ )pee. �, 'l)'•!\/ ._ tlrl 71,L1i � IT cannot ,,. I 35 _Cs c e0 GSlic^j _ ridges ce`Jeii-J,i �r a ici,n` u 4�l(in pro IJOrf-pr rn rl .1' dr _ a aa'_:I at RE: PROPERTY ADDRESS: Received: By: Date: NNTNC & ZONING 3CAPO NET2E3ORIEIC3D PET TON LEGAL DESCRIPTION: i . "kV • --- t, . n.„. PROPERTY OWNER'S NAME: " ADDRESS (If different): Signature Raterence o Ordmance 15- 1 3 Land Development Regulations, Zoning C.- one Ordinance 5- ; , _ - — -••• , t4478 PP.::128th St, a 33054 ;ime (305) 585 :a 78 - Far (305) 885 0558 laune0easterrishotesivintzam PLANNING & ZOWNC BOARD NEIGHBORHOOD PETITION kEr. FROPERTN ADDRESS. - LEGAL DESCRIPTION. , Recei ved By Date PROPERTY OWNER'S NAME. _ ADDR_ESS (If different) PHONE. R;:iert..nur • ,rlinance • ,nd De, tio:p-neni fleauiauun, Signature RE: PROPERTY ADDRESS: Received By Daze PLANNING & ZON:NG 30ARD NEISTIBCIULrZ,' or, PETITION -** LEGAL DESCRIPTION. cb' • - PROPERTY OWNER'S NAME: .9"1/4 , C '2, caj 4 PHONE: a▪ cz ADDRESS (If different): so' — — Signature Reference Lo Ordinance 15- l 3 Land Development Reaulaxionsi Zonate .:_ode Ordinance 15-31 4570 N.VV 12E3 S7RIEEiROAD OPA-LOCKA, FLORIDA 33054 R_ORIOA TOLD. FREE 1-800-523-6924 [305) 685-5175 FAX [305) 665-8132 February 19, 2019 Mr Gerald Lee Zoning Official City of Opa-locka 780 Fishermen Street 4m Floor Opa-locka, FL 33054 Via email: glee@opalockafl.gov Re: Zoning application for 4480 NW 128t Street Rd.; Opa-iocka, FL 33054 ivir Lee: am submitting this concern on behalf of Republic Packaging of FL, Inc. located at 4570 I`NV 128th Street Rd. in Opa-locka. Our company has maintained this location in Opa-locks for over 25 years and the property is adjacent to the subject address above. �Aie were initially contacted by Mr. Frank vega representing a trucking company mrhich was looking to develop that parcel and after originally being presented with a blank petition for signature, iVir. Vega provided a verbal description of his intentions. He indicated he wanted to put in a terminal for his lucking company which would include a small service shop, offices and space for his trucks and ocean containers being held there in between the port and delivery locations. Subsequent landscape and facility drawings, plans and a project narrative include fuel pumps designated for retail fuei sales - not "his" trucks as originally communicated. Not being presented with a complete application packet and being able to verify that it is the same application packet that has or will be presented to the City Planning and Community Development Department, our company/ will not be presenting the requested petition of support. We, instead, would ,ike more information and to also express concerns over the proposed use of this land in this area and the potential detriments it could bring. instead of a terminal for a trucking company as was originally represented, the planned use appears to be a commercial truck stop. .While the area is zoned industrial, the facility is not on a major thoroughfare, the streets that service the facility were not designed for a large amount of traffic, especially truck traffic, and the intersections of those streets to main roads are not metered (no stoplights). A high volume of truck traffic will adversely affect the businesses in this area and those people that vork there. c!asigners arc -ra:h;�,tac,.u?urs o: oackag,;ng anc. cus,i•omr, , rnatariai` �c _s ,e _s ;,o :0e C w , moo, �.�... Affiliates in Europe and Japan While the Developer and Mr. Vega may be very well-intentioned in bringing this type of business to this area, given the infrastructure, it will be very burdensome and detrimental to the businesses that are in that area. Additionally, while we are sure that it is not their intention to foster any type of detrimental or illegal activity, it unfortunately is a byproduct of such an environment and given the proximity to other areas and businesses, that activity will move there, especially if the Developer monitors their own space. Republic Packaging of FL, Inc. thanks you and the other members of the Planning and Community 0evelopment Board for your time and consideration of everyone's concerns and for what is best for Opa-locka and its business community. Should you have any questions, please don't hesitate to reach - out to our representative, Conrad Witkowski, either via email, conradw@repco.com, or mobile, 708.420.9500 Best re;arris, f -1 eI/, Charles Wood President & CEO Republic Packaging Corp. FLORIDA INDUSTRIAL PROPERTIES EIGHT, LLC.: APPLICANT'S REQUEST: To request approval of the Development Agreernent for the construction and operation of a tractor trailer truck and major vehicle parking facility along with ithe retail sale of diesel gas on the property located at 4480 NW 128th Street Road, Opa-locka, FL. 33054 and identified by folios 08-2129-005-1470, 08- 2129-005-1590, 08-21.29-005-1600, 08-2129-005-161.0 and 08-2129-0051620 in the 1-3 Zonine District ;-• he�Pro�pert°ySteis Highlighted r•-• - leet, NV City of Opa-locka I Planning and Community Development Department Table of Contents Site Background Project and overall analysis II Project need assessment III Development Review Committee ..IV Staff Recommendation V Attachment VI Planning Council Resolution VII City of Opa-locka I Planning and Community Development Department I. Site Background • Legal Description LOTS 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, AND 53 AND LOTS 54, AND 55, LESS THE SOUTH 130 FEET THEREOF, ALL IN BLOCK 5, TOGETHER WITH LOTS 1 AND 2, IN BLOCK 6, OF MIAMI-DADE INDUSTRIAL PARK SECTION TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, AT PAGE TWO ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, AT PAGE 74, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. II. Project Details & Overall Analysis • Applicant's intent Florida Industrial Properties Eight, LLC., through their company owner, Frank Vega and their spokesperson, Hope Calhoun, Esq. presented three requests to the Planning & Community Development Department Staff to be forwarded to the Planning & Zoning Board one of which was for their Final Site Plan review and approval recommendation for the construction and operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the property located at 4480 NW 128th Street Road, Opa-locka, FL 33054. This site is comprised of five parcels which are identified by folios 08-2129-005-1470, 08-2129-005-1590, 08-2129-005- 1600, 08-2129-005-1610 and 08-2129-0051620 in the I-3 Zoning District. The site plan review approval is recommended if the P&Z Board agrees that the site plan submitted is in compliance with the City Land Development Regulations (LDR) Ordinance 15-31. This information is listed in this staff report. The second request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review to consider an approval recommendation for a Special Exception to allow the retail sale of diesel fuel (gas) for this major vehicle and tractor trailer truck vehicle parking operation as an option to the uses of the tractor trailer truck and major vehicle parking facility. According to the City LDR, Section 22-60 Conditional Uses and Special Exceptions, Special Exception is defined as uses permitted in a zoning district but only after public hearing. Section 22-60 B Approval Criteria, offers the following: the P&Z Board and City Commission shall use the following criteria in making their decision regarding approval or disapproval of a Special Exception application. (Items 1-12.) 1. Compliance with the City's Comprehensive Plan. 2. Consistent with the "character and purpose" of the zoning district. 3. The size, shape and character of the property are suited for the proposed use. 4. Compatibility with the existing uses near the property. 5. Will not adversely affect the development of the general neighborhood or district. 6. Will not generate vehicular traffic or create vehicular circulation or ingress/egress problems or parking demands that have an unfavorable impact on City of Opa locka I Planning and Community Development Department surrounding properties when compared with uses permitted by right in the same district. 7. Potential for fire and/or other equally or greater dangerous hazards. 8. Create an unfavorable environment impacts on surrounding uses (e.g. noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance). 9. Consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property. 10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements. 11. Will not adversely affect any site or feature of historical, cultural, natural or scenic importance. 12. Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare. The third request presented to P&CD Department Staff to be forwarded to the Planning & Zoning Board for review and approval recommendation of their Development Agreement which incorporates in verbiage all of the improvements shown on the site plan, specifically, for the construction and the operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel fuel on the site identified by the aforementioned folios in the I-3 zoning district in compliance with the City Zoning code, Ordinance 15-31. Rodda l.ndust ' ght; LLB. / Frank V all -lope Calhoun; Esq. Folios 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005- 1610 and 08-2129-0051620 Street Road,: Opa-locks, FL 33054 This is a redevelopment project which will remove the satellite structures and repurpose the existing buildings, of 6,059 sq. ft. and 4,111 sq. ft. respectively which totals 10,170 sq. ft. footprint. 6,059 and 4,111 Sq. Ft (accw ing to the site plan) 1-3 (Industrial Planned District) Pursuant to Ordinance 1 31, Section 22-81, Section 22-03 the current use is consistent with the City's current Land Development Regulation / Zoning Code. Industrial industrial The proposed use for truck parking is consistent with the Comprehensive Plan Future Land Use Element for an Industrial Use, however it must comply with the approval criteria for the special exception. City of Opa locka I Planning and Community Development Department Stfucturen Cher a iciu�far Use .errdscam rtin Det no• 15-31, Section REQUIRED 15 feet 0 feet 8 N/A N/A 3 stories or 45 feet whichever is less N/A PROPOSED 15.2' feet & 98' 230' feet & 130.9 feet 2 N/A N/A 1 story N/A COMPLIANCE yes Y yes N/A N/A Yes yes NIA N/A The City Commission must review this Site Plan request and consider approval/disapproval after it is reviewed by the Planning & Zoning Board and any other applicable board or agency. City of Opa-locka I Planning and Community Development Department Existing Conditions: Surrounding Land Use and Zoning: Table 2 Ind Industrial Industrial Industrial Ir,dl Industrial Industrial Industrial 1-3 1-3 1-3 1-3 City of Opa-locka I Planning and Community Development Department Surrounding Zoning Designation Map: (Subject property in aqua-) 4480 nw 128 street road More Search Options • Map Tools • I Base Maps • Information Layer: Parcels - N.W__ 1:2 8 TH " Enabled by Miami -Dade County GIS 2019 City of Opa-locka I Planning and Community Development Department General Character 1 Neighborhood Compatibility: The request proposed, is to provide for the repurposing of the existing buildings, and make improvements to construct a facility for tractor trailer truck and major vehicle parking, along with the retail sale of diesel fuel. The office and warehouse structures total 10,170 sq. ft. The applicant's proposal is in compliance with the City LDR for parking, setbacks and landscaping. This use is compatible with the surrounding uses and is complemental to the surrounding uses as it provides vehicle storage and fuel services for the industrial and transit population that may be passing through the City of Opa-locka. The zoning of the surrounding properties are all I-3. This use is compatible with the uses of the zoning districts listed. This use is permitted within the I-3 zoning district, the use is in harmony with the general character of the surrounding neighborhood business operations considering the other industrial warehouse buildings, manufacturing and distribution uses and industrial uses. The retail fueling service is permitted if approved by special exception for other than private company vehicles. That aspect of this proposal is being considered as directed by the zoning regulations. • Findings: the proposed use is in harmony with the surrounding industrial uses which includes major and minor manufacturing and product processing as well as mechanical repair boat manufacturing, operations, wholesale storage and distribution of products, construction trade operations, fleet operations, retail facility, etc. This site is reserved for industrial uses based on the standards of the I-3 zoning district. This is compatible with the established uses of this area. • Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO. 10-03 and the Requirements of Ordinance 15-31 Article VII Landscaping and Tree Preservation. Findings: The site plan provides that for this 185,069 square foot site, the applicant is providing 82 trees of different species and 861 shrubs. The plan provides for ground cover of specific areas by St Augustine grass • 1-3 (Liberal Industrial District): Project Specific: Florida Industrial Properties Eight, LLC./Frank Vega and Hope Calhoun, Esq. approve the construction of this facility for tractor trailer truck and as presented in the submitted site plan with any modifications provided by the Planning & Zoning Board. This request is in conformance with City Land Development Regulation 15-31 Findings: According to the City's Land Development Regulation, this operation is permitted through a site plan review process. The special exception review for the sale of diesel fuel for vehicles that are not owned by the business requires compliance with the special exception review criteria listed in the LDR, Section 22-60 A & B. After review of the criteria staff has determined that this use does not meet following criteria of Section 22-60: #2, #4-#8. • Community Comments/Petitions: Findings: The applicant / Owner did return signed documents or presented letters to the city of the comments from the surrounding neighbors regarding this proposed project or use. III. Project Need Assessment I other Required Approvals 1. Comprehensive Plan Amendment (Small or large Scale): Land Use Change (Map Amendment); subject to the Department of Economic Opportunity (DEO) Review. ■ Findings: N/A 2. Land Development Regulation/Zoning Code Text Amendment ■ Findings: N/A 3. Rezoning / Zoning Change / Zoning Map Amendment: ■ Findings: N/A 4. Site Plan City of Opa locka I Planning and Community Development Department �% F i n d i n g s : N / A : A p p l i c a t i o n s u b m i t t e d w a s f o r S i t e P l a n R e v i e w f o r P l a n n i n g & Z o n i n g B o a r d M e e t i n g ( t h i s m e e t i n g ) T u e s d a y , M a r c h 5 t h , 2 0 1 9 5 . D e v e l o p m e n t A g r e e m e n t / R e s t r i c t i v e C o v e n a n t �% F i n d i n g s : N / A : I V . D e v e l o p m e n t R e v i e w C o m m i t t e e ( D R C ) : M e e t i n g R e v i e w C o m m e n t s 1 . C a p i t a l I m p r o v e m e n t P r o j e c t ( C I P ) r e v i e w s : �% F i n d i n g s : N / A 2 . B u i l d i n g r e v i e w s : �% F i n d i n g s : N / A 3 . P o l i c e r e v i e w s : �% F i n d i n g s : N / A 4 . C o m m u n i t y R e d e v e l o p m e n t A g e n c y ( C R A ) : �% F i n d i n g s : N / A 5 . C i t y M a n a g e r ' s O f f i c e ( C M O ) : �% F i n d i n g s : N / A 6 . C o d e E n f o r c e m e n t : �% F i n d i n g s : N / A 7 . C i t y A t t o r n e y ' s O f f i c e : �% F i n d i n g s : N / A 8 . P u b l i c w o r k s : �% F i n d i n g s : N / A 9 . I n t e r - j u r i s d i c t i o n a l R e v i e w : �% F i n d i n g s : N / A V S t a f f R e c o m m e n d a t i o n : S t a f f r e c o m m e n d a p p r o v a l o f t h i s s i t e p l a n r e q u e s t t o c o n s t r u c t a f a c i l i t y f o r t r a c t o r t r a i l e r t r u c k a v e r a l e p a r k i n g a n d f o r t h e a p p r o v a l o f t h e d e v e l o p m e n t a g r e e m e n t w h i c h i s t h e v e r b i a g e i n a g r e e m e n t f o r m o f t h e s i t e p l a n . S t a f f r e c o m m e n d s d e n i a l o f t h e s p e c i a l e x c e p t i o n r e q u e s t f o r r e t a i l s a l e o f d i e s e l f u e l . C i t y o f O p a - l o c k a I P l a n n i n g a n d C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t VI. Attachments: ■ Boundary & Topographic Survey and Site Plan Planning and Community Development Department 4 Corion DeLaine, City Planner Project Planner I Zoning Gerald J. Lee, Zoning Official/Planner Approved by Gregory D. Gay, Director Planning and Community Development VII. Planning Council Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) City of Opa-locka I Planning and Community Development Department Resolution No. SP-19 (TBD) TO REQUEST FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ALONG WITH THE RETAIL SALE OF DIESEL FUEL ON THE PROPERTY LOCATED AT 4480 NW 128TH STREET ROAD, IDENTIFIED BY FOLIOS 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 AND 08-2129-0051620 IN THE I-3 ZONING DISTRICT. WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVEDDATE:03-5-2019 b. DENIED ❑ c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ / 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning Council Approval/ Denial of this request was by a _ TO _ vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of June 2019 Chairperson or Designee City of Opa locka I Planning and Community Development Department Resolution No. SP-19 (TBD) TO REQUEST REVIEW APPROVAL FOR THE SPECIAL EXCEPTION TO ALLOW RETAIL SALE OF DIESEL GAS (FUEL) FOR THE OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ON THE PROPERTY LOCATED AT 4480 NW 128TH STREET ROAD, OPA-LOCKA, FL. 33054 AND IDENTIFIED BY FOLIOS 08-2129-005- 1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 and 08-2129-0051620 IN THE I-3 ZONING DISTRICT. WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 3) That the request in the application by the applicant be and the same is hereby d. APPROVED ❑! DATE:06-4-2019 e. DENIED f. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ / 4) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning Council Approval/ Denial of this request was by a _ TO _ vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of June 2019. Chairperson or Designee Resolution No. SP-19 (TBD) City of Opa-locka I Planning and Community Development Department TO REQUEST FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ALONG WITH THE RETAIL SALE OF DIESEL FUEL ON THE PROPERTY LOCATED AT 4480 NW 128TH STREET ROAD, IDENTIFIED BY FOLIOS 08-2129-005-1470, 08-2129-005-1590, 08-2129-005-1600, 08-2129-005-1610 AND 08-2129-0051620 IN THE I-3 ZONING DISTRICT. WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 5) That the request in the application by the applicant be and the same is hereby g. APPROVED 11 DATE:06-4-2019 h. DENIED ❑ i. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ / 6) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning Council Approval/ Denial of this request was by a _ TO _ vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of Chairperson or Designee City of Opa-locka I Planning and Community Development Department VIII. DEVELOPMENT AGREEMENT A Development Agreement is Required - The additional Planning & Zoning Board recommended conditions are as follows: The Following changes/recommendations are updates based on the Planning & Zoning Board Meeting discussions in regards to the proposed request by Florida Industrial Properties Eight, LLC., for the construction of a facility for tractor trailer truck and major vehicle parking, along with the retail sale of diesel gas on the property located at 4480 NW 128th Street Road, Opa-locka, FL 33054. City of Opa iocka I Planning and Community Development Department PLANNING & ZONING MEETING TUESDAY, June 4, 2019 ROLL CALL: The Planning & Zoning Board of the City of Opa-locka, Miami -Dade County, met in a special session on Tuesday, June 4, 2019 at 7: 02 p.m. at Sherbondy Village, 215 Perviz Avenue. The following members of the Planning & Zoning Meeting were present: Board Member Germane Barnes, Board Member Dawn Mangham, Board Member Lloyd Tyler, & Chairman Elio Guerrero. *Board Member Rose Tydus enters the meeting after approval of reading minutes. Also in Attendance were Planning & Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and Attorney Vincent Brown. II INVOCATION AND PLEDGE: Board Member Lloyd Tyler led the Prayer and the Pledge of Allegiance was stated after the Prayer. III APPROVAL OF MINUTES: Discussion of Minutes from March 5, 2019 Meeting Chairman Elio Guerrero asked if a motion could be made to have the minutes approved from March 5, 2019 meeting. Board Member Germane Barnes made a motion to approve the minutes. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 4-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Elio Guerrero Yes Wage *Board Member Rose Tydus enters the meeting. Attorney Brown: I'm the City Attorney for the City of Opa-locka and until 11:59 pm this evening the Law firm of Burdenette Norris Weeks will be replacing me as the City Attorney and Ms. Lisa Crawford will be the Attorney assigned to the City of Opa-locka But in effort to make sure we take care of housekeeping matters if you're not a principle in the entity that is presenting tonight or coming before the Planning Council or a registered lobbyist for the entity there may be some prohibitions on your ability to advocate on a certain project. The City does have lobbyist registration requirements. A lobbyist is the one that influences the outcome of decision of staff or board or Commission. IV. PUBLIC HEARING: 1. APPLICANT NAME: BRIAN C. HOLLINGS 150 WEST MAIN STREET, SUITE 1820, NORFORK, VA 23 510 PROPERTY OWNER : CENTERPOINT PROPERTIES TRUST 1808 SWIFT DRIVE, OAK BROOK, IL 60523 PROPERTY ADDRESS: VACANT PARCEL AT THE CORNER OF NW 123RD STREET AND NW 37TH AVENUE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ON THE PROPERTY LOCATED AT THE CORNER OF NW 123RD STREET AND NW 37TH AVENUE AND IDENTIFIED BY FOLIOS 08-2129-018-0010, 30-2129-018-0010 IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Applicant: My name is Brian Hollings with Center Point property. This site was previously Academy Bus but once they decided to sell the site we brought the property back in November of last year. We are proposing a "Class A" fully lighted landscape asphalt. We are proposing two different yards. The house that we made up has a Miami style. We have a simple rendering gated with landscaping around it. I have my engineer as well if you have any questions. I think this is a good fit for the City. It will help keep trucks off the road. It will bring good jobs. Wage Chairman Guerrero: Does anyone have any questions? Mr. Gay: About three years ago at this location was Academy Bus tours project they've since changed their minds however; this company will be operating a truck parking facility and zoning does permit for this action to occur at this particular site. This is to approve the site plan and development agreement. Board Member Tydus: Please define major vehicles? Applicant: My name is Michael Karr and I'm the engineer. The parking lot will serve for tractor trailers ranging from 53 foot being the maximum. The tractor trailers will be stored temporarily before they are dropped off to their final destination. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the final site plan review for the construction and operation of a tractor trailer truck and major vehicle parking facility on the property located at the corner of NW 123rd Street and NW 37th Ave and identified by folios 08-2129-018-0010, 30-2129- 018-0010 in the I-2 zoning district providing for an effective date. Board Member Dawn Mangham second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes Wage 2. APPLICANT NAME: BRIAN C. HOLLINGS 150 WEST MAIN STREET, SUITE 1820, NORFORK, VA 23 510 PROPERTY OWNER : CENTERPOINT PROPERTIES TRUST 1808 SWIFT DRIVE, OAK BROOK, IL 60523 PROPERTY ADDRESS: VACANT PARCEL AT THE CORNER OF NW 123RD STREET AND NW 37TH AVENUE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ON THE PROPERTY LOCATED AT THE CORNER OF NW 123' STREET AND NW 37' AVENUE AND IDENTIFIED BY FOLIOS 08-2129-018-0010, 30-2129-018-0010 IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the development agreement for the construction and operation of a tractor trailer truck and major vehicle parking facility on the property located at the corner of NW 123rd Street and NW 37th Ave and identified by folios 08-2129-018-0010, 30- 2129-018-0010 in the I-2 zoning district providing for an effective date. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes Wage 3 APPLICANT NAME: TNJ REALTY, LLC 2257 SOUTHWEST 1321''D AVENUE, MIRAMAR, FL 33027 PROPERTY OWNER : TNJ REALTY, LLC 2257 SOUTHWEST 1321''D AVENUE, FL 33027 PROPERTY ADDRESS: SITE COMPOSED OF MULTIPLE PARCELS AND ALLEYS: 1340 E SUPERIOR STREET; 13730 NW 27 AVENUE; 13720 NW 27 AVENUE; 13620 NW 27 AVENUE; 1245 OPA LOCKA BLVD; 1201 OPA LOCKA BLVD; & VACANT PARCEL BETWEEN 1245 OPA LOCKA BLVD & 13620 NW 27 AVENUE; VACANT PARCEL BETWEEN 1201 OPA LOCKA BLVD & 1340 E SUPERIOR STREET, OPA LOCKA, FL 33054. REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING VACATION OF THE ALLEYS THAT ARE LOCATED BETWEEN THE PARCELS BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE PARCELS AND IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08- 2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121- 007-2660 AND 08-2121-007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending vacation of the alleys that are located between the parcels bounded by Superior Street, NW 27 avenue and Opa-Locka Blvd for the construction of a retail center on the parcels and identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007- 2630, 08-2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08- 2121-007-2670 in the B-2 zoning district; providing for an effective date. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes Wage 4 APPLICANT NAME: PROPERTY OWNER : PROPERTY ADDRESS: REQUEST: TNJ REALTY, LLC 2257 SOUTHWEST 132AVENUE, M RAMAR, FL 33027 TNJ REALTY, LLC 2257 SOUTHWEST 132' AVENUE, FL 33027 SITE COMPOSED OF MULTIPLE PARCELS: 1340 E SUPERIOR STREET; 13730 NW 27 AVENUE; 13720 NW 27 AVENUE; 13620 NW 27 AVENUE; 1245 OPA LOCKA BLVD; 1201 OPA LOCKA BLVD; & VACANT PARCEL BETWEEN 1245 OPA LOCKA BLVD & 13620 NW 27 AVENUE; VACANT PARCEL BETWEEN 1201 OPA LOCKA BLVD & 1340 E SUPERIOR STREET, OPA LOCKA, FL 33054 A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE SITE PLAN FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08-2121-007-2680, 08- 2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121- 013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121- 007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the site plan for the construction of a retail center on the eight parcel site bounded by Superior Street, NW 27 avenue and Opa-Locka Blvd on the parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121- 013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 in the B-2 zoning district; providing for an effective date. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes Wage 5. APPLICANT NAME: TNJ REALTY, LLC 2257 SOUTHWEST 1321''D AVENUE, MIRAMAR, FL 33027 PROPERTY OWNER : TNJ REALTY, LLC 2257 SOUTHWEST 132ND AVENUE, FL 33027 PROPERTY ADDRESS: SITE COMPOSED OF MULTIPLE PARCELS: 1340 E SUPERIOR STREET; 13730 NW 27 AVENUE; 13720 NW 27 AVENUE; 13620 NW 27 AVENUE; 1245 OPA LOCKA BLVD; 1201 OPA LOCKA BLVD; & VACANT PARCEL BETWEEN 1245 OPA LOCKA BLVD & 13620 NW 27 AVENUE; VACANT PARCEL BETWEEN 1201 OPA LOCKA BLVD & 1340 E SUPERIOR STREET, OPA LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCELS BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD AND IDENTIFIED BY FOLIOS 08-2121-007- 2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the development agreement for the construction of a retail center on the eight parcels bounded by Superior Street, NW 27 avenue and Opa-Locka Blvd and identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121- 013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 in the B-2 zoning district; providing for an effective date. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes M age 6. APPLICANT NAME: FLORIDA INDUSTRIAL PROPERTIES EIGHT, LLC 3523 NW 116TH STREET, MIAMI, FL 33167 PROPERTY OWNER : SATELITE COMMUNICATIONS SYSTEM 5741 CLEVELAND STREET, SUITE 3001, VIRGINA BEACH, VA. 23462 PROPERTY ADDRESS: 4480 NW 128TH STREET ROAD, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE SPECIAL EXCEPTION TO ALLOW THE RETAIL SALE OF DIESEL GAS FOR THE OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ON THE PROPERTY LOCATED AT 4480 NW 128' STREET ROAD IDENTIFIED BY FOLIOS 08-2129-005-1470, 08-2129- 005-1590, 08-2129-005-1600, 08-2129-005-1610, 08-2129-005- 1620 IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. All board members valued and listed to the concerns of the business owners. After carefully reviewing all documents and valuing the concerns of business owners Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion recommending approval of the special exception to allow the retail sale of diesel gas for the operation of a tractor trailer truck and major vehicle parking facility on the property located at 4480 NW 128th Street Road, identified by folios 08-2129-005-1470, 08-2129-005-1590, 08- 2129-005-1600, 08-2129-005-1610, 08-2129-005-1620 in the I-3 zoning district; providing for an effective date. There being no second it died for a lack of second. Wage 7. APPLICANT NAME: FLORIDA INDUSTRIAL PROPERTIES EIGHT, LLC 3523 NW 116TH STREET, MIAMI, FL 33167 PROPERTY OWNER : SATELITE COMMUNICATIONS SYSTEM 5741 CLEVELAND STREET, SUITE 3001, VIRGINA BEACH, VA. 23462 PROPERTY ADDRESS: 4480 NW 128TH STREET ROAD, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A TRACTOR TRAILER TRUCK AND MAJOR VEHICLE PARKING FACILITY ALONG WITH THE RETAIL SALE OF DIESEL GAS ON THE PROPERTY LOCATED AT 4480 NW 128TH STREET ROAD IDENTIFIED BY FOLIOS 08-2129-005-1470, 08-2129-005-1590, 08-2129- 005-1600, 08-2129-005-1610, 08-2129-005-1620 IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE After carefully reviewing all documents Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion recommending approval of the development agreement for the construction and operation of a tractor trailer truck and major vehicle parking facility along with the retail sale of diesel gas on the property located at 4480 NW 128th Street Road, identified by folios 08-2129-005-1470, 08-2129-005-1590, 08- 2129-005-1600, 08-2129-005-1610, 08-2129-005-1620 in the I-3 zoning district; providing for an effective date. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus Yes Elio Guerrero Yes 91Page 8. APPLICANT NAME: SHAWN JIVANI 495 BRICKELL AVE #3703, MIAMI, FL 33131 PROPERTY OWNER : MIAMI OPA LOCKA BUSINESS PARK, LLC 495 BRICKELL AVE #3703, MIAMI, FL 33131 PROPERTY ADDRESS: PARCEL LOCATED AT THE CORNER OF NW 22 AVENUE AND NW 147TH STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE SITE PLAN TO CONSTRUCT AN EIGHT STORY MIXED -USE COMMERCIAL/INDUSTRIAL BUILDING ON THE PROPERTY LOCATED AT THE CORNER OF NW 147TH STREET AND NW 22ND AVENUE IDENTIFIED BY FOLIO 08-2122-025-0270, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the site plan for to construct an eight story mixed use commercial/industrial building on the property located at the corner of NW 147th street and NW 22nd avenue identified by folio 08-2122-025-0270 in the B-2 zoning district; providing for an effective date. Board Member Dawn Mangham second the motion. There being no discussion, the motion passed by a 3-2. Germane Barnes No Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus No Elio Guerrero Yes 10Page 9. APPLICANT NAME: SHAWN JIVANI 495 BRICKELL AVE #3703, MIAMI, FL 33131 PROPERTY OWNER : MIAMI OPA LOCKA BUSINESS PARK, LLC 495 BRICKELL AVE #3703, MIAMI, FL 33131 PROPERTY ADDRESS: PARCEL LOCATED AT THE CORNER OF NW 22 AVENUE AND NW 147TH STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF AN EIGHT STORY MIXED -USE COMMERCIAL/INDUSTRIAL BUILDING ON THE PROPERTY LOCATED AT THE CORNER OF NW 147TH STREET AND NW 22ND AVENUE IDENTIFIED BY FOLIO 08-2122-025-0270, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero asked for a motion to approve or deny their request. Board Member Germane Barnes made a motion to approve the request recommending approval of the development agreement for the construction of an eight story mixed use commercial/industrial building on the property located at the corner of NW 147th street and NW 22nd avenue identified by folio 08-2122-025-0270 in the B-2 zoning district; providing for an effective date. Board Member Dawn Mangham second the motion. There being no discussion, the motion passed by a 3-2. Germane Barnes No Dawn Mangham Yes Lloyd Tyler Yes Rose Tydus No Elio Guerrero Yes 11 i Page STAFF UPDATE VI ADJOURNMENT Chairman Elio Guerrero adjourned the meeting at 9pm. Submitted by ATTEST: Kinshannta Hall Planning & Zoning Clerk Elio Guerrero Chairman 121Page