HomeMy Public PortalAbout19-9709 Retail Center/Superior Street & 27th AvenueSponsored by: City Manager
RESOLUTION NO.19-9709
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF
THE DEVELOPMENT AGREEMENT FOR THE
CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT
PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27TH
AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS
IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-
2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670,
08-2121-013-2010 and 08-2121-013-2020 IN THE B-2 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 Development Agreement, and
WHEREAS, the applicant appeared and has presented their formal application
request, all evidence, documents, and marked exhibits before the Planning & Zoning
Board on June 4, 2019 pursuant to the City Code of Ordinance and the City Zoning
Regulations, and
WHEREAS, the Planning & Zoning Board after reviewing the presentation and
having additional discussions motioned and seconded this request for development
agreement approval at the June 4, 2019 meeting by a 5 to 0 vote, and
WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section
22-49 G. provides that all recommendations and findings of fact by the Planning &
Zoning Board shall be placed on the next available regular City Commission meeting
agenda in compliance with notice requirements.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Recitals.
Resolution No. 19-9709
The above recitals are true and correct and are incorporated into this Resolution
by reference.
Section 2. The City Commission of the City of Opa-locka approves / denies
this request from TNJ Realty, LLC for development agreement review for the
construction a retail center on the eight parcel site bounded by Superior Street,
NW 27th Avenue and Opa Locka Boulevard, including the alleyways, on the
parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630,
08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-
2121-013-2020 in the B-2 zoning district, Opa-locka, FL 33054.
Section 3. Conditions.
1. Owner shall host job fairs before and during the construction phase of the
development project for construction jobs.
2. 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.
3. Owner agrees to use best efforts to encourage any and all tenants to utilize
the Career Source Florida in efforts to hire residents of the City of Opa-Locka.
4. 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.
5. All other conditions set forth in the Development Agreement attached hereto
as Exhibit "A".
Section 4. Effective Date.
This Resolution shall take effect immediately upon adoption by the City
Commission of the City of Opa-locka.
PASSED AND ADOPTED this 9th day of October, 2019.
Resolution No. 19-9709
Matthew A. Pigatt, Mayor
ATTEST:
Toa
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette„ orris -Weeks, P.A.
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Burke
VOTE: 4-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis ABSENT
Mayor Pigatt YES
4.1
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
.�.
Finance Director:
FD Signature:
Department
E_,------""``
City Manager:
Newall J. Daughtrey
CM Signature:
Commission Meeting
Date:
10-09-19
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance/Resolution Reading:
(EnterX in box)
1st Reading
2nd
Reading
X
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
N/A
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
El
Dev
•
•
Image IN
•
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 the construction of a Retail Center on the Eight Parcel Site
bounded by Superior Street, NW 27th Avenue and Opa Locka Boulevard for TNJ Realty, LLC on
the parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-
2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-2121-013-
2020 in the B-2 zoning district. Providing for an effective date.
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
r�
TNJ Realty, LLC, through their Project Manager, William J. Green, Jr. J.D. 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 review and approval recommendation to vacate the alleys that are located between the parcels
bounded by Superior Street, NW 27t" Avenue and opa-locks Boulevard for the Construction of a
retail center on the Properties identified on the site plan. The second request was for site plan
review and approval recommendation to construct a a retail center on the eight parcel site
bounded by Superior Street, NW 27t" Avenue and opa-locka Boulevard on the pracels identified
on the site plan in the B-2 zoning district. The third request was for review and approval
recommendation of the development agreement governing the site plan at the site identified by
the aforementioned folios in the B-2 zoning district in accordance with the City Zoning Code,
Ordinance 15-31.
Background
• According to Miami -Dade County Property Appraiser's website, the legal descriptions for this retail
development site are as follows:
08-2121-007-2680
21 52 41 .30 AC OPA LOCKA PLAT NO 3 PB 31-14 TRACT D LESS NWL75 FT & LESS
E8FT FOR RD BLK 148 LOT SIZE 9383 SQUARE FEET OR 22688-4884-83 0904 2 (2)
08-2121-007-2690
21 52 41 .17AC OPA LOCKA PLAT NO 3 PB 31-14 NWL75 FT OF TRACT D BLK 148 LOT
SIZE IRREGULAR OR 22688-4881 83 0904 2 (2)
08-2121-007-2630
21 52 41 OPA LOCKA PLAT NO 3 PB 31-14 SELY125FT OF TRACT A /AKALOTS 3 THRU
7/&LOT 8 BLK 148 LOT SIZE 150.000 X 100 OR 14120-1478 0589 1 COC 21483-0647 07
2003 1
08-2121-013-2010
21 52 41 OPA LOCKA PLAT NO 3 REV PB 70-98 LOT 1 BLK 148 LOT SIZE 6088 SQUARE
FEET OR 19233-0521 0500 4 COC 26308-2612 11 2001 6
08-2121-013-2020
21 52 41 OPA LOCKA PLAT NO 3 REV PB 70-98 LOT 2 BLK 148 LOT SIZE IRREGULAR
OR 16472-4561 0894 2 (2)
08-2121-007-2650
21 52 41 .23 AC OPA LOCKA PLAT NO 3 PB 31-14 N100 FT OF TR C & LESS E8FT FOR
RD BLK 148 LOT SIZE IRREGULAR OR 16472-4561 0894 2 (2)
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
08-2121-007-2660
21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 S50FT OF N150FT OF TR C LESS E8FTW OF
NE CORNER OF TR C W PARR TO N/L 79.37FT ELY79.38FT NO 85FT TO POB BLK 148
LOT SIZE 50.850 X 92 OR 13492-0023 1187 1
08-2121-007-2670
21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 TRACT C LESS N150FT & LESS E8FT FOR
RD & LESS BEG 150FTS & 8FTW OF NE COR TR C W PARR TO N/L 79.38FT NO 85FT TO
POB BLK 148 LOT SIZE 42.490 X 88 COC 24727-3420 05 2005 1
• The proposed project consists of the assemblage of eight parcels, listed above, from four
different owners and includes all of the alleys that are between those properties for the
development of approximately an 80,000 square foot site. The applicant intends to place a
triple net lease user or users on this location and the applicant has enlisted the NAI Miami, a
member of the NAI Global Network to assist with the leasing of retail space. NAI has been
notified of interest from franchisees for Kentucky Fried Chicken, Popeyes Fried Chicken,
Checkers, Tire Kingdom and Dunkin Donuts.
• The three properties owned by Carlos Fernandez are located at the South and East sections of
this site and are identified by folios, 08-2121-007-2680, 08-2121-007-2690 and 0-2121-007-
2630. According to the Purchase Agreement TNJ Realty will close on this property at the end of
April 2019.
• Two parcels are owned by Shaid Sheikh and Rafia Sheikh are located on the North and North
West sections of this site and are identified by folios 08-2121=007-2650 and 08-2121-013-2020.
According to the Purchase Agreement TNJ Realty will close on this property at the end of April
2019.
• According to the applicant, one of the properties is a single family home owned by Millicient
Howell and identified by folio 08-2121-013-2010 and this site is located at the Southwest corner
of this site. TNJ Realty will close on this property at the end of April 2019.
• The final two parcels are owned by New Beginnings of South Florida, Inc. and are identified by
folios 08-2121-007-2660 and 08-2121-007-2670. This entity filed bankruptcy in 2016. The
bankruptcy has been dismissed and TNJ is currently in contract with New Beginnings to purchase
these properties. TNJ will close on these properties in mid -August.
•
The development of this site, according to the site plan, will include the demolition of the
buildings on six of the eight parcels of the site and the inclusion of the alleys if the City approves
the alley vacation. The alleys within this development site is estimated to be approximately
8,940 square feet. The request for alleyway vacation was presented to the Planning & Zoning
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
Board on June 4, 2019 as part of the redevelopment of this site along with the site plan and the
development agreement. The requirements of Ordinance 14-02, which provides a process for
vacating streets and alleys, must be completed before the approval of the site plan and
development agreement as the vacated alleys would become part of the buildable area of the
project as shown on the site plan.
According to the site plan this new development would provide two retail spaces of 3,500 square feet and 4,485
square feet respectively and two restaurants of 2,237 square feet and 2,965 square feet respectively. The retail
uses would occupy the perimeter of the site with the parking and circulation being on the interior of the site.
According to the site plan, all of the City zoning requirements would be in compliance, specifically for setbacks,
building heights, parking and landscaping requirements.
Staff has recommended approval of this Request.
Attachment:
P&Z Application Package
P & Z Board Meeting Minutes 6-4-19
DRAFT Resolution -
DRAFT Development Agreement
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
Page 1. of 5
" THE GREAT CITY "
out, J
PA -VA GIA
Marcia&
Received:
By:
Date:
PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS
FY 201.8-2019
TOTAL FEES: S ‘tv New Fees as of October 1, 2015
FY 2018-2019 Meeting Dates Date Application Found Sufficient
1st Tuesday of Each Month}
October 2, 2018
November 6, 2018
December 4, 2018
January 8, 2019
February 5, 2019
March 5, 2019
Apri12, 2019
May 7, 2019
June 4, 2019
July 9, 2019
August 6, 2019
September 10, 2019
August 19, 2018
September 23, 2018
October 21, 2018
November 25, 2018
December 23, 2018
January 20, 2019
February 17, 2019
March 24, 2019
Apri121, 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 Community 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 neat 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 411' floor
Opa-locka, FL 33054
Telephone: 305-953-2868, Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance 15- l 3
Land Development Regulations/ Zoning Cade: Ordinance 15-31
Page 2of5
" THE GREAT CITY
PLANNING & ZONING BOARD APPLICATION
Received:
By: -
Date:
APPLICATION NUMBER i g a 09 CT) CHECK NUMBER: 1 Q 10 DATE RECEIVED: 0 �'; 6-15
PROPERTY OWNER'S NAME: 77/Or AR! ib Z-d—C
PROPERTY OWNE
R'S S ADDRESS. 1 S4.1 I 5 Z kr-t rA,L.jl,00L -:pi � j�j 7.,7
�i Number/Street City State/Zip e
APPLICANT'S NAME: %../ O:4K—
APPLICANT'S ADDRESS:
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE
SUBJECT PROPERTY ADDRESS: 524/42.4LP apace
Number/Street
TAX FOLIO NUMBER: PRESENT ZONING: 6-1 Ai,x.to ("5g
LEGAL DESCRIPTION:
Jof 4 3 Z 346 I HOME OTHER
Please check specific request:
Tentative Plat
Final Plat
Comprehensive Plan Amendment. _Small Scale; Large Scale (please sped type of amendment below)
Rezoning
Drainage Plan
Fill Permit Request
Preliminary Site Plan Review
final Site Plan Review
4- Conditional Use Permit - No Plans
_Conditional Use Permit - With Plazas
Special Exception - No Plans
_Special Exception - With Plans
Development Agreement
Restrictive Covenant
)they - 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 3of5
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.
"Completed application form
Application fee payable to the City of Opa-locka by check or money order
py of property owner's and/or applicant's driver license/photo LD.
davit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized)
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).
r�,ll preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad and
PDF format.
i'.. 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-iocka)
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
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said
parcel. Map to be 1" = 1 oo" scale. Owner's name, address, folio number and legal description on each parcel
(Original and 2 copies size of document to accommodate scale)
Narrative concept must be submitted with application
AFFIDAVIT
i, W t Ark, being first duly sworn, depose and say that I am the OWNER of the property ,and I
t i s application must be complete and accurate before a public hearing can be advertised.
i
D
Sworn to and subscribed before me:.
sT
This day of 0411114114
"Li/
.i l
Otij. WILCO*
Notary Public 4.3 •OSers. tt'• 4
Attach copy of ideatifieVo� . 3
# t iai I* t
� ' mil inse a �
�+414 •��
/ • � ahl Imo` e
Reference to Ordinance 1.5�•y�'' •'' • • • • ° �
Land Deveiopment Regulati� Ai �r.. • -i1. ,! a 15-31
NM N
My commission expires
"
P a g e 4 o f 5
P L A N N I N G & Z O N I N G B O A R D A P P L I C A T I O N
P O W E R O F A T T O R N E Y
R e c e i v e d :
B y :
D a t e :
T h i s f o r m i s t o b e a t t a c h e d t o a l l a p p l i c a t i o n s , a n d t o b e r e t u r n e d w i t h t h e a p p l i c a t i o n . N o a p p l i c a t i o n w i l l b e h o n o r e d o r
p e r s o n s h e a r d b y t h e P l a n n i n g & Z o n i n g B o a r d u n l e s s a n o t a r i z e d c o p y o f t h i s P o w e r o f A t t o r n e y i s s u b m i t t e d .
T o :
F r o m :
C i t y o f O p a - l o c k a
S u b j e c t : P o w e r o f A t t o r n e y ( a u t h o r i z a t i o n f o r a p e r s o n , o t h e r t h a n t h e p r o p e r t y o w n e r , t o s p e a k i n t h e p r o p e r t y
o w n e r ' s b e h a l f ) .
-
4 , " - "
t 1 c . . " . , b e i n g f i r s t d u l y s w o r n , d e p o s e a n d s a y t h a t I a m t h e o w n e r
o f t h e p r o p e r t y l e g a l l y d e s e r t - I : l e d a s :
I d o g i v e t o t h e p o w e r o f A t t o r n e y a n d a u t h o r i t y t o s p e a k i n m y
b e h a l f i n r e f e r e n c e t o t h e a b o v e d e s c n d p r . F u r t h e r , b y a f f i x i n g m y n o t a r i z e d s i g n a t u r e t o t h i s d o c u m e n t , I a l s o
a u t h o r i z e - t o n e g o t i a t e a n d c o m m i t t o t h e C i t y C o m m i s s i o n a n d C i t y
D a t e
S w o r n t o a n d s u b s c r i b e d b e f o r e m e :
T h i s d a y o f t - -
N o t a r y P u b l i c
R e f e r e n c e t o O r d i n a n c e 1 5 - 1 3
L a n d D e v e l o p m e n t R e g u l a t i o n s / Z o n i n g C o d e : O r d i n a n c e 1 5 - 3 1
(
o n s o f t h e C i t y C o m m i s s i o n a n d C i t y A d m i n i s t r a t i o n .
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: City of Opa-locka
From: Shahid Sheikh
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalt).
I Shahid Sheikh being f>zst duly swam, depose and say that z am the owner
of the property legnally described as:
A
I do. give to TNI REALTY INC 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 TNI REALTY INC 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
I—f iq
Date
Sworn to and subscribed before me:
This I 3‘ 1 day of (,..\a rY--) r� %�n
0+ yy J
b F'� � 2—
co expires. I
I 1
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Codm Ordinance 15-31
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Summary Report
Property Information J
Folio:
08-2121-013-2020
Property Address:
Owner
SHAHID M SHEIKH &W RAFIA
Mailing Address
1350 E SUPERIOR ST
OPA LOCKA, FL 33054-3916
PA Primary Zone
6600 COMMERCIAL - LIBERAL
Primary Land Use
1081 VACANT LAND -
COMMERCIAL : VACANT LAND
Beds / Baths / Half
0/0/0
Floors
0
Living Units
0
Actual Area
0 Sq.Ft
Living Area
0 Sq.Ft
Adjusted Area
0 Sq.Ft
Lot Size
8,144 Sq.Ft
Year Built
0
Assessment information
Year
2018
2017
2016
Land Value
$89,584
$89,584
$89,584
Building Value
$0
$0
$0
XF Value
$0
$0
$0
Market Value
$89,584
$89,584
$89,584
Assessed Value
$83,462
$75,875
$68,978
Benefits Information
Benefit
Type
2018
2017
2016
Pion -Homestead
Cap
Assessment
Reduction
$6,122
$13,709
$20,606
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
School Board, City, Regional).
Short Legal Description
21 52 41
OPA LOCKA PLAT NO 3 REV PB 70-98
LOT 2 BLK 148
LOT SIZE IRREGULAR
OR 16472-4561 0894 2 (2)
Generated On : 1/11/2019
Taxable Value information
2018
20171
2016
County
Exemption Value
$0
$0
$0
Taxable Value
S83,462
$75,875
$68,978
School Board
Exemption Value
$0
$0
$0
Taxable Value
$89,584
$89,584
$89,584
City
Exemption Value
$0
$0
$0
Taxable Value
$83,462
$75,875
$68,978
Regional
Exemption Value
$0
$0
$0
Taxable Value
$83,462
$75,875
$68,978
Sales Information
Previous
Sale
Price
OR Book -
page
Qualification Description
08/01/1994
$175,000
11
Deeds that include more than one parcel
08/01/1982
$127,500
11538-
0446
Deeds that include more than one parcel
0710111977
$1
09758-
0918
Sales which are disqualified as a result
of examination of the deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser
and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.goWinfoldisclaimer.asp
Version:
1" .F3 r...i.� r$, �s"q�. 1%ti�L"i��� t r��9 r{"'_"tr �•�`A.
� zj:gog
lra % r:} ter A i° Ikria A
Summary Report
Property Information
Folio:
08-•2121-007-2650
Property Address
1340 E SUPERIOR ST
Opa-iocka, FL. 33054-3918
Ovvner
SHAHID M SHEIKH &W RAFIA
II/tailing Address
1340 E SUPERIOR ST
OPA LOCKA, FL 33054.3916
PA Primary Zone
6600 COMMERCIAL - U BERAL
Primary Land Use
1111 STORE : RETAIL OUTLET
Beds / Baths / Half
0/5/1
Floors
1
Living Units
0
Actual Area
Sq_Ft
Living Area
Sq.Ft
Adjusted Area
3,987 Sq.Ft
Lot Size
9,200 Sq.Ft
Year Built
1960
Assessment Information
Year
2018
2017
2016
Land Value
$101,200
$101,200
$101,200
Building Value
$151,566
$151,641
$144,492
XF Value
$9,158
$9,203
$9,248
Market Value
$261,924
4262,044
$254,940
Assessed Value
$261,924
$262,044
$241,939
Benefits lnforma#ion
Benefit
Type
2018
2017
2016
Non -Homestead Cap
Assessment Reduction
$13,001
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
School Board, City, Regional).
Short Legal Description
21 52 41 .23 AC
OPA LOCKA PLAT NO 3 PB 31-14
N100FT OF TR C & LESS E8FT FOR RD
BLK 148
LOT SIZE IRREGULAR
Generated On : 1/11/2019
Taxable Value Information
l
2018
2017
2016
County
Exempdon Value
$0
$0
$0
Taxable Value
$261,924
$282,044
$241,939
School Board
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$254,940
City
Exemption Value
$0
SO
$0
Taxable Value
$261,924
$262,044
$241,939
Regional
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$241,939
Sales Information
Previous
Sale
Price
OR i3oalc-
Page
v
Qualification Description
08/01/1994
$175,000
16472-
4561
Deeds that include more than one parcel.
08/01/1982
$127,500
1Q13
Deeds that include more than one parcel
07/01/1977
$1
09758-
0917
Sales which are disqualified as a result
of examination of the deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser
and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govlinfo/disclaimeresp
Version:
r
"AS IS" Residential Contract For Sale And Purchase
THIS FORNI HAS BEEN APPROVED BY THE FLORIDA REALTORs AND THE FLORIDA BAR
1• PARTIES: NI[LUCENT A. HOWE r ("Seiler),
2' and ,TN, REALTY LLC ("Buyer"),
3 agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property
4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and
s any riders and addenda ("Contract"):
a 1. PROPERTY DESCRIPTION:
r (a) Street address, cry, zip: 1201 Ova Locke Blvd. Ova Locke. FL 33054-3961
(b) Property is located in: Miami -Dane County, Florida. Real Property Tax ID No.: Sis7,21 a1413-20j 0
a-
9' (c) Reai Property: The legal description is
io LOT 1 BLOCK 148 OPA LOCKA PLAT NO 3 REV PB 70-98
11
12 together with ail existing improvements and fixtures, including built-in appliances, built-in furnishings and attached
13 wall-to-wall carpeting and flooring ("Real Property') unless specifically excluded in Paragraph 1(e) or by other terns
14 of this Contract.
is (d) Personal Property: Unless exduded in Paragraph 1(e) or by other terms of this Contract, the following items which
16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase
17 rarlge(s)i(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and
18 draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access
14 devices, and storm shutters/panels ("Personal Property").
20' Other items induded in this purchase are: NIA
21
22 Personal Property is induded in the Purchase Price, has no contributory value, and shall be left for the Buyer.
2,3' (e) The following items are exduded from the purchase: NIA
F10ridaRealtorsz
24
25 PURCHASE PRICE AND CLOSING
26' 2. • PURCHASE PRICE (U.S, currency): $ 20.000.00
27' (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) $ 4.000,00
28 The initial deposit made payable and delivered to "Escrow Agent", named below
29' (CHECK ONE): (I) ❑ accompanies offer or (ii) IN is to be made within , 3 (if left blank,
3o then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii)
31 SHALL BE DEEMED SELECTED
32' Escrow Agent Information: Name: THE BARRISTER FIRM
33' Address PQ BOX 694011,101AM'. EL 33269
34' Phone: 305-407-1180 . E-mail: cbeniaminethebarristerflrrn,com Fax: 786-463,-4606
35' (b) Additional deposit to be delivered to Escrow Agent within 15 Days (if left blank, then 10)
36' days after Effective Date ........................................... ... ..... $ 4000.00
37 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit")
3a- (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ......
39' (d) Other: $
40 (e) Balance to dose (not Including Buyer's dosing costs. prepaids and prorations) by wire
41' transfer or COLLECTED funds........................................... ....... ........ ..... ................ $ 242.000.00
42 NOTE: For the definition of "COLLECTION" OR "COLLECTED" see STANDRD S.
43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
44' (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before
as• ge►+ 15.:019 this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to
46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the
47 counter-offer is delivered.
48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed
49 and delivered this offer or final counter-offer ("Effective Date").
so 4. CLOSING DATE: Unless modified by other provisions of this Contract, the dosing of this transaction shall occur and
51 the dosing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing")
52' on urWare April.1, ZOO ("Closing Date"), at the time established by the Closing Agent.
53 5. EXTENSION OF CLOSING DATE:
54 (a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth 1n Lending Act (TILA) notice
55 requirements, Clos g shall be extended for such period necessary to satisfy Tli_A notice requirements, not to
56 exceed 7 d s.) (1 1
'.� �/
Buyer's Initials Page 1 of 11 Seller's initials
Y
FloridaRealtorslFioridaBarjASIS- 2 Rev.8113 m 2013 Florida RealtorsO1 and The Florida Bar. All rights reserved
1
s7 (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (I)
sa disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance,
as to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after
eo restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or
61 Homeowners' insurance. if restoration of such utilities or services and availability of insurance has not occurred
sr within 14. (if left blank, then 14) days after Closing Date, than either party may terminate this Contract by
63 delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and
64 Seller from all further obligations under this Contract.
65 S. OCCUPANCY AND POSSESSION:
se (a) Unless the box in Paragraph S(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the
a7 Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed ail
sa personal items and trash from the Property and shall deliver aM keys, garage door openers, access devices and
69 codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the
70 Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
71 deemed to have accepted the Property in its existing condition as of time of taking occupancy.
72• (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING:1f Property is
73 subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts
74 and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be
75 delivered to Buyer, all within 'S days after Effective Date. if Buyer determines, in Buyer's sole discretion, that the
76 lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of
77 written notice Cif such election to Seller within 5 days alter receipt of the above items from Seiler, and Buyer shall be
78 refunded the Deposit thereby releasing Buyer and Seller from aft further obligations under this Contract. Estoppel
79 Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied
ao by Seller after Closing, See Rider U. POST -CLOSING OCCUPANCY BY SELLER.
al. 7. ASSIGNABILITY: (CHECK ONE): Buyer ❑ may assign and thereby be released from any further liability under this
82• Contract; ❑ may assign but not he released from iiabfity under this Contract; or ® may not assign this Contract.
a3 FINANCINGS
84 8. FINANCING:
as* ® (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to
as Buyer's obligation to dose.
87• ❑ (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a ❑ conventional ❑ FHA CI VA
as. or ❑ other (describe) loan on the following terms within (if left blank, than 30) days after
as. Effective Date Moan Commitment Date") for (CHECK ONE): ❑ fixed, ❑ adjustable, ❑ fixed or adjustable rate ban in
9a• the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed % (if left blank, then prevailing
et• rate based upon Buyer's creditworthiness), and for a terns of (if left blank, then 30) years ("Financing").
92• Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days after Effective
e3 Date and use good faith and diligent effort to obtain a written loan commitment for the Financing Moan Commitment")
94 and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage
95 loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such
96 status and progress to Seller and Broker.
97
98 Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not
99 receive Loan Commitment by loan Commitment Date, then thereafter either party may cancel this Contract Grp to the
1eo earlier of:
ton i. Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to
tat waive the financing contingency of this Contract; or
tub ii. 7 days prior to Closing Date
104 if either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of
106 this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under
rue this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing
1o7 contingency shall he deemed waived by Buyer,
,oa if Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not thereafter close, the
tag Deposit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the
tto Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3)
ttt appraisal of the Property obtained by Buyer`s lender is insufficient to meet terms of the Loan Commitment; or (4) the
112 loan is not fu d ue to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer,
113 thereby r e s t yer and Seller from all further obligations under this Contract. J�
Buyer's initials � Page 2 0# 11 Seller's Initials 1� ?L
FloridaRealtors/Flod laBar- BIS- 2 Rev.8/93 ® 2013 Florida Realtors® and The Florida Bar. AN rights reserved
114- ❑ (c) Assumption of existing mortgage (see rider for terms).
115' O (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms).
116 CLOSING COSTS, FEES AND CHARGES
117 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
118 (a) COSTS TO BE PAID BY SELLER:
119 • Documentary stamp taxes and surtax on deed, if any - HOAICondominium Association estoppel fees
120 •Owner's Policy and charges (if Paragraph 9(c)0 is checked) • Recording and other fees needed to cure title
121 • Title search charges (if Paragraph 9(c)(111) Is checked) • Seller's attorneys' fees .
122- • Other:
123 lf, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a
124 sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If
125 actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual
126 . costs. Any unused portion of escrowed amount(s) shall be returned to Seller.
127 (b) COSTS TO BE PAID BY BUYER:
128 • Taxes and recording fees on notes and mortgages • Loan Expenses
129 • Recording fees for deed and financing statements • Appraisal Fees
in • Owner's Policy and Charges (if Paragraph 9(c)(1i) is checked) • Buyer's Inspections
131 • Survey (and elevation certification, if required) • Buyer's attorneys' fees
in • Lender's title poky and endorsements • All property related insurance
133 • HOA1Condominium Association applicationitransfer fees • Owners Policy Premium (if Paragraph
134 9 (c) (iii) is checked.)
135' • Other.
135• (c) TITLE EVIDENCE AND INSURANCE: At least 5 (if left blank, then 5) days prior to Closing Date, a title
137 insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as
138 exceptions attached thereto ("Title Commitment') and, after Closing, an owner's policy of title insurance (see
139 STANDARD A for terms) shall be obtained and delivered to Buyer. if Seller has an owner's policy of title insurance
140 covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date.
141 The owners title policy premium, title search, municipal lien search and closing services (collectively, "Owner's
142 Policy and Charges") shall he paid, as set forth below
143 (CHECK ONE):
144' ❑ (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for
145 dosing services related to Buyer's lenders policy and endorsements and loan dosing, which amounts shall be paid
146 by Buyer to Closing Agent or such other provider(s) as Buyer may select); or
147' ❑ (El) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for dosing
148 services related to Buyer's lender's policy, endorsements, and loan dosing; or
149- ®n1) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of
150 title insurance or other evidence of tide and pay fees for. (A) a continuation or update of such title evidence, which
151 is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien
152 search. Buyer shall obtain and pay for post -Closing continuation and premium for Buyer's owners policy, and If
153- applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ 250.00 (if left blank,
154 then $200.00) for abstract continuation or title search ordered or performed by Closing Agent
155 (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and
138 certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real Property, a copy shall
157 be famished to Buyer and Closing Agent within 5 days after Effective Date
156• (e) HOME WARRANTY: At Closing, D Buyer 0 Seller ® NIA shall pay for a home warranty plan issued by
159• at a cost not to exceed $ A home
180 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built in
161 appliances in the event of breakdown due to normal wear and tear during the agreements warranty period.
182 (f) SPECIAL ASSESSMENTS: At Closing, Seller shad pay: (1) the full amount of liens imposed by a public body
153 ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and
164 ratified before Closing; and (it) the amount of the public body's most recent estimate or assessment for an
165 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed
185 on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in
187 installments (CHECK ONE):
169 0 (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing.
169 installments prepaid or due for the year of Closing shall be prorated.
170' ® (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing.
171 IF NEITHE OX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.:
?.,// —el
Buyer's initials ��r • •� Page 3 a# 11 Seller's initials
FiorideRealtors/Floridal3er1 ASIS- 2 Rev.8113 m 2013 Florida Realtorse and The Florida Bar. A8 rights reserved
#72 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (COD)
73 pursuant to Chapter 190. F.S., which Gen shall he prorated pursuant to STANDARD K.
174
178 10. DISCLOSURES:
178 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient
177 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
129 testing may be obtained from your county health department.
1ao (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seiler
181 does not know of any improvements made to the Property which were made without required permits or made
182 pursuant to permits which have not been properly closed.
183 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or
184 desires additional information regarding mold, Buyer should contact an appropriate professional
1es (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone
186 the -Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving
1e7 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal
188 Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service
1sa under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and /or flood insurance
190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood
191• Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if left
192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and
193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and
194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert
195 Waters 2012) may phase in actuarial rating of pre -Flood Insurance Rate Map (pre -FIRM) non -primary structures
196 (residential structures in which the insured or spouse does not reside for atleast 80% of the year) and an elevation
197 certificate may be required for actuarial rating.
198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy -Efficiency Rating Information Brochure
199 required by Section 553.998, F.S.
200 (f) LEAD -BASED PAINT: If Property includes pre-1978 residential housing, a lead -based paint disclosure is
201 mandatory.
202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS
203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY
204 DISCLOSURE, IF APPLICABLE.
265 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
gas PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE CBILIGATED TO
207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
tag PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY
210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
211 0) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the
212 Foreign Investment in Real Property Tax Act ("FIRPTA"}, Buyer and Seller shall comply with FIRPTA, which may
213 require Seiler to provide additional cash at Closing. If Seiler is not a "foreign person", Seiler can provide Buyer, at or
214 prior to Closing, a certification of non -foreign status, under penalties of perjury, to inform Buyer and Closing Agent
215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seiler
216 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and
217 withholding requirements pursuant to FIRPTA.
218 U) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not
219 readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence,
220 Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to
221 the physical condition or history of the Property. Except as otherwise disclosed In writing Seller has received no
22.2 written or verbal notice from any governmental entity or agency as to a currently uncorrected building,
223 environmental, or safety code violation.
224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property,
226 including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS
227 Maintenance Requirement").
,^ 1:
f 11 Seller's Initials
Page 4 o
Buyer's Initials f
FlorldaRealtorslFlo =Bar ' IS- 2 Rev.8113 (# 2013 Florida Realtorse and The Florida Bar. All rights reserved
DISCLOSURES
228 12. PROPERTY INSPECTION; RiGHT TO CANCEL:
229* (a) PROPERTY INSPECTION AND RIGHT TO CANCEL.: Buyer shall have (if left blank. than f5) days
23o after Effective Date (`Inspection Periods within which to have such inspections of the Property performed
231 as Buyer shall desire during the inspection Period. if Buyer determines, in Buyer's sole discretion, that the
232 Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such
232 election to Seller prior to expiration of inspection Period. If Buyer timely terminates this Contract, the
233 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further
234 obligations under this Contract; however, Buyer shall be responsible for prompt payment for such
235 inspections, for repair of damage to, and restoration of, the Properly resulting from such inspections, and
237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall
238 survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer
239 accepts the physical condition of the Property and any violation of govenunental, building, environmental,
240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance
241 Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's
242 lender.
243 (b) WALK-THROUGH INSPECTiON/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to
244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up
245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the
246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement
247 and has met all other contractual obligations
gas (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of
249 the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written
250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the
251 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with
252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Perrnit issues. Seller's
2.53 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents
254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling
255 such obligation, Seller shall not he required to expend, or become obligated to expend, any money,
256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost,
257 Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer.
258 ESCROW AGENT AND BROKER
25s 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent*) receiving the Deposit, other funds and
2so other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the
261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract.
262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the
263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions
tea permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this
265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its
265 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the panes, or
267 Agent may deposit same with the Berk of the circuit court having jurisdiction of the dispute. An attorney who represents
gas a party and also ads as Agent may represent such party in such action. Upon notifying all parties concerned of such
gas action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any Items previously
274 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as.
271 amended and FREC nudes to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow
zn disbursement order.
273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's
vs fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he
276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful
277 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this
27a Contract.
279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square
280 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals
281 for legal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction
282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all
283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER
284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES
285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT
286 PROPERTY
Buyer's initials �t�Page 5 of 11 Seller's Initials
FloridaRealtors/FloftdaBar- SIB- 2 Rev.8113 0 2013 Florida Realtors® and The Florida Bar. All rights reserved
JE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWIS
287 Buyer and Seller (individually, the "indemnifying Party") each individually indemnifies, holds harmless, and releases
288 Broker and Brokers officers, directors, agents and employees from all liability for loss or damage, including ail costs
289 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers,
2911 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by
291 Buyer or Seiler based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii)
2.92 Indemnifying Party's misstatement(s) or failure to perform contractuai obligations; (Eli) Broker's performance, at
293 indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (Iv)
295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by
296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective
297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will
298 not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14,
299 Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract.
DEFAULT AND DIBPUTE RESOLUTION
300
301 15. DEFAULT:
302 (a) BUYER DEFAULT: if Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including
303 payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the
304 account of Seiler as agreed upon liquidated damages, consideration for execution of this Contract, and in full
306 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this
306 Contract, or Seller, at Setter's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights
307 under this Contract. The portion of the Deposit, if any, paid to listing Broker upon default by Buyer, shall be split
308 equally between Listing Broker and Cooperating Broker, provided however, Cooperating Broker's share shall not be
309 greater than the commission amount listing Broker had agreed to pay to Cooperating Broker.
310 (b) SELLER DEFAULT: if for any reason other than failure of Seller to make Seller's title marketable after reasonable
311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to
312 receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach,
313 and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance_
314 This Paragraph 15 shall survive Closing or termination of this Contract
316 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and Seller
316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will he settled as
317 follows:
318 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to
319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph
320 16(b).
321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida
322 Rules for Certified and Court -Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). The
323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought
324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be
323 resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall
326 survive Closing or termination of this Contract
327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by
328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in
329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover
330 from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation.
331 This Paragraph 17 shall survive Closing or termination of this Contract
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")
332
333 18. STANDARDS:
334 A. TITLE:
335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph
336 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and
337 delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing
338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the
339 Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the
340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and
341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise
342 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted
343 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear
344 or front lines a 112 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f)
Buyer's initials r Page 6 of 11 Seller's Initials
FloridaRealtorst , iaaBatr-1SIS- 2 Rev.8/13 0 2013 Florida Realtors® and The Florida Bar. All rights reserved
i
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
345 assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that,
346 none prevent use of Property for RESIDENTIAL PURPOSES, if there exists at Closing any violation of terms Identified
347 in (b) — (f) above, then the same shall be deemed a title defect Marketable title shall be determined according to
348 applicable Title Standards adopted by authority of The Florida Bar and in accordance with law.
349 OD TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seiler in
350 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered
3si to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to
352 examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's
353 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to
ass have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with
355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contact on Closing Date (or If
356 Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If Seller is unable to cure defects
357 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a)
351 extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use
359 reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or (b) electing to accept title with
360 existing defects and close this Contract on Closing Date (or If Closing Date has passed, within the earlier of 10 days
361 after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and
362 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. tf
363 after reasonable Agent effort, Seiler is unable to timely cure defects, and Buyer does not waive the defects, this
354 Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all
365 further obligations under this Contract.
366 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon encroach
367 on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental
ass regulations described in STANDARD A (1)(a), (b) or (d) above, Buyer shall deliver written notice of such matters,
369 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer
370 timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title
371 defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's
372 request, execute an affidavit of "no change" to the Real Property since the preparation of such prior survey, to the
373 extent the affirmations therein are true and correct
374 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the
375 Real Property is insurable in accordance with STANDARD A without exception for laclk of legal right of access.
376 D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, fumish to Buyer estoppel letters from
377 tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits
378 paid by tenant(s) or occupant(s) ("Estoppel Letter(sr). If Seller is unable to obtain such Estoppel Letter(s), the same
379 information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
San thereafter contact tenant(s) or occupant(s) to confirm such information. if Estoppel Letter(s) or Sellers affidavit, if any,
381 differ materially from Sellers representations and lease(s) provided pursuant to Paragraph 6, or if tenants)/occupant(s),
382 fall or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such
383 information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit,
384 thereby releasing Buyer and Seller from all further obligations under this Contract Seller shall, at Closing, deliver and
385 assign all leases to Buyer who shall assume Setter's obligations thereunder. .
386 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (I) to the absents of any financing statement,
337 claims of lien or potential tenors known to Seller, and (ii) that there have been no improvements or repairs to the Real
388 Property for 90 days immediately preceding Closing Data. If the Real Properly has been Improved or repaired within
ass that time, Seiler shall deliver releases or waivers of construction liens executed by all general contractors,
Sao subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all such general
391 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs
392 which could serve as a basis for construction lien or a claim for damages have been paid or will be paid at Closing.
393 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract.
394 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates
396 specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a
396 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is
397 located) of the next business day.
398 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
399 to each other for damages so long as performance or non-performance of the obligation is delayed, caused or
400 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual
401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer
402 or Seller, and which, by: exercise of -reasonable diligent effort, the non -performing party is unable in whole or in part to
403 prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure
aaa prevents,p a under This contract, provided, however, if such Force Majeure continus to preve t p ormance
Buyer's Initials �� Page 7 of 11 Seller's initials
FlaridaRealtors/Fla�fdaBlr-ASIS- 2 Rev.S/i 3 0 2013 Florida Reallars® and Ttie Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
409 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering
406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seiler from all
407 further obligations under this Contract.
408 H. CONVEYANCE: Seiler shall convey marketable titre to the Real Property by statutory warranty, trustee's, personal
4as representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in
410 STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absolute
411 bin of sale with warranty of title, subject only to such matters as may be provided for in this Contract.
412 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or
414 Other closing agent ("Closing Agent') designated by the party paying for the owner's policy of title insurance, or, if no
415 title Insurance, designated by Seller, Closing may be conducted by mail or electronic means.
416 (ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver. as applicable, deed, bill of sale,
417 certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's
418 possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for aft work
419 done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood
420 elevation certfication, and documents required by Buyer's lender.
421 (111) PROCEDURE: The deed shall be recorded upon COLLECTION of all dosing funds. If the Title Commitment
472 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow dosing
423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing
424 funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller.
425 J. ESCROW CLOSING PROCEDURE: If Title Commitment Issued pursuant to Paragraph 9(c) does not provide for
426 insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and
427 closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period of not
428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall,
429 within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such
430 notification tD cure the defect; (3) if Seller falls to timely cue the defect, the Deposit and all Closing funds paid by Buyer
431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment.
432 Buyer shall return the Personal Property, vacate the Real Property and re -convey the Property to Seller by special
433 warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take
434 title as is, waiving all rights against Saar as to any intervening defect except as may he avattable to Buyer by virtue of
435 warranties contained in the deed or bill of sale.
436 IL PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the
437 day prior to Closing Date, or date of occupancy it occupancy occurs before Closing Date: real estate taxes (including
438 special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other.
439 expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event
440 premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be
441 made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow
442 deposits held by Setter's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due
443 allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when
444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such
445 assessment and prior years mintage. if current year's assessment is not available, then taxes will he prorated on prior
446 year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which
447 improvements were not in existence on January 1st of prior year, than taxes shall be prorated based upon prior year's
441 millage and at an equitable assessment to be agreed upon between the parties, #aping which, request shall be made to
449 the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration
450 based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. This
451 STANDARD K shall survive Closing.
452 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall,
453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a waik-
454 through (or follow-up walk-through it necessary) prior to Closing.
ass M. RISK OF LOSS: lf, after Effective Date, but before Closing, Property is damaged by firm or other casualty
455 ("Casualty Loss') and cost of restoration (which shall Indude cost of pruning or removing damaged trees) does not
457 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant
458 to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to
459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration
460 exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any
461 unused portion of escrowed amount shall be returned to Seller. if Cost of restoration exceeds 1.5% of Purchase Price,
462 Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby
463 releasing Buyer and Seller from all further obligations under this Contract Seller's sole obligation with respect to tree
ara damage by_ r- j = or other natural occurrence shall be cost of pruning or removal.
r.
Buyer's Initials r Page 8 of 11 Seller's Initials /A 7)
RoadaaeaitorslFlarlaaeariASls- 2 Rev.8113 ® 2013 Florida Realtors® and The Florida Bar, All rights reserved ✓
l-•
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
465 N. 1031 EXCHANGE: If either SeUer or Buyer wish to enter into a like -kind exchange (either simultaneously with
466 Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in
467 ail reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperating
468 party shall incur no liability or expense related to the Exchange, and Closing shaU not be contingent upon, nor extended
469 or delayed by, such Exchange..
470 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT
471 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be
472 binding on, and inure to the benefit of, the parties and their respective heirs orsuccessors in interest. Whenever the
473 Context permits, singular shall indude plural and one gender shall include ail. Notice and delivery given by or to the
474 aitomey or broker (including such Broker's real estate licensee) representing any party shah be as effective as if given
475 by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic (including
476 "pdf) media. A facsirrtiie or electronic (induding `pdf") copy of this Contract and any signatures hereon shall be
Orr considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as
478 determined by Florida's Electronic Signature Act and other applicable laws.
479 P. INTEGRATION; MODIFICATION; This Contract contains the hill and complete understanding and agreement of
480 Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or
481 representations Shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in
482 this Contract shaU be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be
483 bound by it.
484 Q. WAIVER: FaUure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this
485 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or rights.
486 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or
407 handwritten provisions shaU control all printed provisions of this Contract in conflict with them.
488 S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received,
499 including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent
490 or Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by
491 Closing Agent until such amounts have been COLLECTED In Closing Agent's accounts.
492 T. LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and conditions
493 upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre -approval
494 letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract
495 U. APPLICABLE LAW AND VENUE: This Contract shaU be construed in accordance with the laws of the State of
496 Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county
497 where the Real Property is located.
498 V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (" FIRPTA"): if a Seller of U.S. real property is a "foreign
499 person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to
soo withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue
501 Service (IRS) unless an exemption to the required withholding applies or the seller has -obtained a Withholding
502 Certificate from the IRS authorizing a reduced amount of withholding. Due to the compie dty and potential risks of
503 FIRPTA, Buyer and Seller should seek legal and tax advice regarding compliance; particularly if an "exemption" is
504 claimed on the sale of residential property for $300,000 or less.
sos (I) No withholding is required under Section 1445 if the Seller is not a "foreign person", provided Buyer accepts proof
506 of same from SeUer, which may indude Buyer's receipt of certification of non -foreign status from Seller, signed under
507 penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification
soe number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b).
sag Otherwise, Buyer shag withhold 10% of the amount realized by Seger on the transfer and timely remit said funds to the
510 IRS. .
511 (ii) if Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in
512 this transaction and provides same to Buyer by Closing, there Buyer shall withhold the reduced sum, if any required, and
513 timely remit said funds to the IRS.
514 0 if prior to Closing Seller has submitted a completed application to the IRS for a VYthhoiding Certificate and has
515 provided to Buyer the notice required by 25 CFR 1.1 445-1(c) (2)(i)(B) but no Withholding Certificate has been received
516 as of Closing, Buyer shall, at Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer's
517 option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow, at Seller's expense, with an
518 escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in
Ste accordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller's application is
520 rejected or upon terms set forth in the escrow agreement.
521 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction,
522 Seiler shall deliver to Buyer, at Closing, the,additional COLLECTED funds necessary to satisfy the applicable
523 requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in
524 accordancei (2 w ttt final determination of the IRS, as applicable
Buyer's Initials . Page 8 of 11 Seller's Initials
FloridaReaftorstFr ridaBa ASIS- 2 Rev_8113 ® 2013 Florida Realtors® and The Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
525 (V) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Fors 8288
526 and 8288-A, as. filed.
527 W. RESERVED
525 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and
529 against any real estate licensee involved in the negotiation of this Contract, for any damage or defects
530 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be
531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This
532 provision does not relieve Seller's obligation to comply with Paragraph 10()l . This Standard Xshall survive
533 Glossing.
534 ADDENDA AND ADDITIONAL TERMS
535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this
53s- Contract (Check If applicable):
CJ A. Condominium Rider ❑ M.
O B. Homeowners' Assn. ❑ N.
❑ O.
L9 P.
O C. Seller Financing
❑ D. Mortgage Assumption
❑ E. FHANA Financing
❑ F. Appraisal Contingency
❑ G. Short Sale
❑ H. Homeowners'/Flood Ins.
❑ I. RESERVED
D J. Interest -Bearing Acct.
❑ K. RESERVED
❑ Q.
❑ R.
❑ S.
❑ T.
❑ U.
❑ V.
Defective Drywall
Coastal Construction Control Line
Insulation Disclosure
Lead Based Paint Disclosure
(Pre 1978 Housing)
Housing for Older Persons
Rezoning
Lease Ptirchaser/Lease Option
Pre -Closing Occupancy by Buyer
Post -Closing Occupancy by SeUer
Sale of Buyer's Property
❑ X. Kick -out Clause
❑ Y. Sellers Attorney Approval
❑ Z. Buyer's Attorney Approval
D AA.Licensee-Personal Interest in
Property
❑ BB. Binding Arbitration
❑ Other
❑ L. RESERVED ❑ W. Back-up Contract
or 20. ADDMONAL TERMS: ADMINISTRATION FEE: Buyer/Seller agrees to oav Realtv3000. Inc. an
536 Administration fee in the amount of $195.00 at the dosino of this Contract
539 1. BUYER AGREES TO PAY CHRISTOPHER E. BENJAMIN. BROKER. A COMMISSION OF 2°%
540 2. SELLER AGREES TO PAY CHRISTOPHER E. BENJAMIN. BROKER. A COMMISSION OF 2°%
541 3. PROOF OF FUNDS REQUIRED WITHIN 24 HOURS OF EFFECTIVE DATE.
542 4. SELLER'S CLOSING COSTS SHALL NOT EXCEED $1000, INCLUDING THE $250, LISTED ON LINE 153..
543 5. CONTRACT SUBJECT TO SELLER'S ATTORNEY. FIVE (5) BANKING DAYS AFTER ACCEPTANCE.
544 6. PROPERTY TO BE VACANT AT TIME OF CLOSING. IN THE EVENT THE TENANT STAYS. ALL PARTIES
545 AGREE THAT IT SHALL REM RESPONSIBILITY OF THE BUYER TO EVICT THE TENANTS
54e 7. CONTRACT CONTINGENT UPON THE CITY OF OPA LOCKA APPOVAL FOR COMMERCIAL USE FOR
547
548
540
550
551
552
553
BUYERS !WENDED PRWECT WHICH SHOULD OBTAINED NO LATER THAT APRIL 4,20I9
8. ALL ESCROW DEPOSITS ARE TO BE HELD BY THE BARRISTER FIRM.
554 COUNTER-OFFER/REJECTION
555' 0 Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and deliver
sse a copy of the acceptance to Seller).
55r ❑ Seller rejects Buyer's offer.
ssa THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF
sse AN ATTORNEY PRIOR TO SIGNING.
so THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR.
561 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and
562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be
ss3 negotiated bade o the respective interests, objectives and bargaining positions of all intere�stte�d' persons '
9
Buyer's Initials
Page 10 of 11 Seller's Initials
FloridaRealtorsEitit'daB -ABM- 2 Rev.W13 m 2013 Florida Realtors® and The Florida Bar. All rights reserved
564 AN ASTERISK (*) FOLLOWING ALINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK
5s5 COMPLETED.586 ] /`
67 6y "/
6s• Buyer: 1' Date:4'42\415
569
570
57i
572
573• Buyer:
574
675
576
577
sm Seller.
579
580
581
682
583• Seller.
584
!TI %
4 j
yes Buyer's address for purposes of notice
ser Wiliam Green. Manager
rj
O BE
Date:
Date: Orii 5.(9
Date:
Seller's address for purposes of notice
Milken A. Howell
567" 2957 SW 132nd Avenue PO Box 9223
sea• Miramar_ FL 33027
589
590
591
sex
593
594
695
Fort Lauderdale. FL 33310_
BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers entitled to
compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to
disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties
and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed
funds. This Contract shalt not modify any MLS or other offer of compensation made by Seller or Listing Broker to
Cooperating Brokers.
596
59r Christopher E. Benjamin, BK 3154034 2%
ssa Cooperating Sales Associate, N Any
599
600' Christopher F Benjamin BK 3154034
601 Cooperating Broker, If Any
Christopher E. Benjamin, BK 3154034 2%
Listing Sales Associate
Christopher E. Benjamin. BK 3154034
Listing Broker
Buyer's Initials Page 11 of 11 Seller's Initials
FloridaRealtarsiFloridaBar-ASIS- 2 Rev.8J13 0 2013 Florida Realtors® and The Florida Bar. All rights reserved
a
Planning & Community Development
Department
780 Fisherman Street, 4h Floor
Opa-locka, FL 33054
December 12, 2018
TNJ Realty, LLC do William J. Green, Jr., J.D.
2257 SW 132nd Avenue
Miramar, Florida 33027
Gregory G. Gay
Director
Phone: (305) 953-2868, Eat. 1503
Fax: (305) 953-3060
RE: Zoning Verification Letter
Location:13620 NW 27t Avenue, Opa-locka., FL 33054
Folios: 08-2121-007-2680; 08-2121-007-2690; 08-2 l 21-007-2630; 08-2121-013-2010;
08-2121-013-2020; 08-2121-007-2650; 08-2121-007-2660; 08-2121-007-2670;
Process # ZVL 2018-15
To Whom It May Concern:
The Planning and Community Development Department has acknowledged receipt of your request for
a Zoning Verification Letter regarding the folio described property site. The following is a summary of
our research:
Zoning and Land Use
The subject property site consists of eight parcels which are located between NW 27th Avenue,
Superior Street and Opa-locka Boulevard and begins with the property at 13620 NW 276, Avenue,
Opa-locks, Florida, 33054. The site is identified by the above listed folio numbers is a 95,000 square
foot or 2.18 acre site. According to the City's Official Zoning Map, the subject property site is zoned
B-2 (Commercial Liberal Business District). The Commercial Liberal Business District provides for
commercial centers that offer a wide range of retail or service facilities as described in the City Land
Development Regulations. The district also implements the Commercial Land Use category of the
City's Comprehensive Development Master Plan (CDMP), pursuant to the City's Future land use
element This B-2 zoning district's permitted uses and development standards are addressed in Article
IV, Sections 22-80, and Section 22-90, which were adopted on October 28, 2015, per Ordinance 15-31.
The specific site development standards as well as the permitted and prohibited uses referenced above
are attached for your review and consideration.
This B-2 zoning district allows retail, sales and services, restaurants, appliance, furniture, electronic sales
service repair and rental, medical facilities, as well as vehicle sales, rental and vehicle mechanical service
and repairs. The properties on the NW 27`' Avenue Corridor that are North or South of this site are
within the B-2 zoning district and have some combination of the aforementioned uses.
This letter alone should not be construed to be a development order, permit, title search or any other
type of approval. Inquiries regarding building permits, licensing, certificates of use and certificates of
occupancy should be directed to the Building Division at (305) 953-2868 ext. 1601. Inquiries regarding
code violations and lien searches must be addressed to the Code Compliance Division at (305) 953-
2868 ext. 1514.
Prior Approvals:
Prior zoning approvals were consistent with permitted uses of this district Please refer to the City
Clerk's Office for any additional information regarding said property.
You may contact me at 305-953-2868 extension * 1502 should you have questions regarding this zoning
and development letter or if any Land Development Regulations (zoning codes) are needed.
Sincerely,
Gerald j. Lee, Planner/Zoning Official
Planning & Community Development Dept.
OPA-TISHA-WOCKA L3'::.A
780 Fisherman Street, Fourth Hoar I Opa-locks, FL 33054
C: 305-807-8545
P: 305 953-2868 X-1502
F: 305-953-3060
ee sZhooaiocka i , .,
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
*Board Member Rose Tydus enters the meeting.
Attorney Brown: I'm the City Attorney for the City of Opa-locks 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.
Page
IV. PUBLIC HEARING:
1. APPLICANT NAME:
PROPERTY OWNER :
PROPERTY ADDRESS:
REQUEST:
BRIAN C. HOLLINGS
150 WEST MAIN STREET, SUITE 1820,
NORFORK, VA 23510
CENTERPOINT PROPERTIES TRUST
1808 SWIFT DRIVE, OAK BROOK, IL 60523
VACANT PARCEL AT THE CORNER OF NW 123RD
STREET AND NW 37TH AVENUE, OPA-LOCKA, FL 33054
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.
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 located in Miami Lakes, Florida 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.
Board Member Tydus: I understand that but the resolution that we are considering says tractor
trailer trucks and major vehicles and I didn't know what major vehicles meant.
Applicant: I don't know what major vehicles would be but it is a tractor trailer yard.
Page
Chairman Guerrero: It could be maybe the way staff worded it.
Mr. Gay: Within our code under I-3 there are a variety of parking facilities. This application is
specifically to doing tractor trailer parking. As part of the Developer agreement which is the next
item you can be more specific of what type of vehicles can be placed on this site.
Board Member Tydus: There will not be any stacking correct?
Applicant: No stacking at all.
Attorney Brown: There will be not stacking or containers at this location and to clarify the
definition of major vehicles we are talking about heavy construction equipment? Do you have
any objections to limiting the type of use on the property specifically to tractors and trailers?
Applicant: I think we will be okay with that.
Attorney Brown: This will go into the developer's agreement and understand that there will be
a trigger in the Developer's Agreement if there are any violations.
Applicant: We would come back and get permission if we wanted additional added.
Attorney Brown: The developer agreement will be amended to state there will be no stacking
of containers or other structures on the property. The property will only be used for the parking
of tractors or trailers. No other including not limited to cranes, hoses, and front loaders will be
allowed.
Applicant: If we did decide to do another use we would come back to get permission.
Chairman Guerrero: Any additional questions or concerns anyone?
Mr. Lee: Mr. Lee the zoning official for the City of Opa-locka made a presentation. After
making the presentation and explaining all details. City Staff recommends approval of this use.
Chairman Guerrero: Any questions for staff? Public hearing is now open for item number one.
*(Public Hearing)
John Riley: My name is John Riley. My address is 2963 NW 135t' street. According to our code
major vehicle is when a vehicle that weighs 10,000 pounds or more. There may be some
containers on a tractor trailer that may weigh 20,000 pounds or more as long as it's okay by
DOT. Our code provides this and you may have a double tractor trailer. The ordinance includes
this.
Chairman Guerrero: Anyone else? If not Public Hearing Closed.
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-
3Page
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
2. APPLICANT NAME:
PROPERTY OWNER :
PROPERTY ADDRESS:
REQUEST:
BRIAN C. HOLLINGS
150 WEST MAIN STREET, SUITE 1820,
NORFORK, VA 23 510
CENTERPOINT PROPERTIES TRUST
1808 SWIFT DRIVE, OAK BROOK, IL 60523
VACANT PARCEL AT THE CORNER OF NW 123RD
STREET AND NW 37TH AVENUE, OPA-LOCKA, FL 33054
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 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.
Mr. Gay: This item deals more of the deal of the Developer Agreement. Staff has already made
their presentation so we will not present again. If there are any additional questions as it relates to
the Developer Agreement we will answer them. The site will be used for parking of tractors and
trailers.
Applicant: I just wanted to clarify one thing. The container itself could be over 10,000 pounds.
I'm not able to control the weight of the containers.
4Page
Chairman Guerrero: They will be limited to tractor trailers. I think that the board is more
worried about the big cranes and big machinery.
Chairman Guerrero: Public Hearing is now open.
Applicant: My name is Steve Garner I represent Republic Packaging of Florida and we oppose
the truck stop. We are an industrial park and there is a lot of truck traffic already and we don't
support this item.
Mr. Gay: I do apologize. I think you are referring to another item on the agenda correct?
Steve Garner: No. I'm not.
Mr. Gay: Okay, you can continue.
Steve Garner: We have safety concerns and we are also concerned about our property value
dropping as well. We just wanted to make sure this is on the record as opposing this.
Hasan S: My name is Hasan S. and I'm the property owner of 4590 NW 128th street. I just
wanted to mention in 2016 a truck driver raped a girl and put her on our door step.
Mr. Gay: Excuse me sir, "you are speaking about another item on the agenda. You are speaking
about item six, seven, and eight.
Board Member Barnes: For the sake of clarity, I think we should let him finish his comments.
They both deal with tractor trailing parking. Let him say what he has to say.
Hasan S: We are concerned about traffic and security. We are addressing our concerns that's all.
We hope that you all are considerate and understand.
Chairman Guerrero: Everyone please be aware he is speaking on another item.
After carefully reviewing all documents and asking a few questions Chairman Elio Guerrero
asked for a motion to approve or deny their request with the changes that staff has stated as far as
limit to tractor trailer parking only and no stacking.
Board Member Germane Barnes made a motion to amend the request recommending approval
of the development agreement within item two to include the changes of no stacking and limiting
the parking of vehicles to specifically of tractors and trailers restricting the storage of
construction vehicles and other major vehicles 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.
'Page
(Amendment Only)
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
(Main 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 132' AVENUE,
MIRAMAR, FL 33027
PROPERTY OWNER : TNJ REALTY, LLC
2257 SOUTHWEST 132ND AVENUE,
M RAMAR, 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
71Page
4 APPLICANT NAME:
PROPERTY OWNER :
PROPERTY ADDRESS:
REQUEST:
TNJ REALTY, LLC
2257 SOUTHWEST 132ND AVENUE,
MIRAMAR, FL 33027
TNJ REALTY, LLC
2257 SOUTHWEST 1321''D 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, 08-2121-007-263 0, 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:
PROPERTY OWNER :
PROPERTY ADDRESS:
REQUEST:
TNJ REALTY, LLC
2257 SOUTHWEST 132ND AVENUE,
MIRAMAR, 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 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
Wage
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 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.
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 128t 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.
101Page
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
111Page
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 1471H
STREET AND NW 221''D 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 147d' 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
12 1 Page
9. APPLICANT NAME: SHAWN JIVANI
495 BRICKELL AVE #3703,
MIAMI, FL 33131
PROPERTY OWNER : NIIAMI 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 147d' 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
13 1 Page
STAFF UPDATE
VI ADJOURNMENT
Chairman Elio Guerrero adjourned the meeting at 9pm.
Submitted by
ATTEST:
Kinshannta Hall
Planning & Zoning Clerk
Elio Guerrero
Chairman
14Page
Record and Return to: (enclose self-addressed stam ed envelope)
The Barrister Law Firm
c/o Christopher Benjamin
P.O Box694011
Miami Florida 33269
This Instrument Prepared by:
Law Offices of Bumadette 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 TNJ REALTY, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day
of October, 2019("Execution Date") by and between TNJ REALTY LLC, its successors and
assigns, a Limited Liability Company ("Developer")_with a mailing address of 2257 SW 132nd
Avenue, Miramar Florida 33027 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
Fishermen Street, Opa-locka Florida 33054.
WITNESSETH:
WHEREAS, the Owner/Developer intends to develop a retail center on the eight parcel
site, approximately 1.8 acres of land, bounded by Superior Street, NW 27th Avenue and Opa
Locka Boulevard, Opa-Locka, FL 33054, and
WHEREAS, fee simple Owner/ Developer of the properties that comprise this site which
are identified by Miami -Dade County Tax Folio Nos. 08-2121-007-2680, 08-2121-007-2690, 08-
2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-
2121-013-2020 (the "Property"), and are zoned B-2 (Liberal Commercial) and legally described
on the attached Exhibit "A"; and
WHEREAS, at its meeting of September 11, 2019 the City Commission by adoption of
Ordinance Number 19-08 approved the vacation of the alleyways that are between the eight
parcels previously identified to allow the development of the retail center according to the
submitted site plant and
WHEREAS, at its meeting on October 9, 2019 the City Commission approved the
Declaration of the alleyways as surplus pursuant to Resolution Number and approved
the Sale of the alleyways to this owner/developer pursuant to Resolution Number and
approved the site plan for the construction of a retail center on the eight parcel site including the
TNJ Realty, LLC Development Agreement
adjacent alleyways pursuant to Resolution Number and approved the development
agreement for this project pursuant to Resolution Number ; 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 an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement
planning and financing, assists in assuring there are adequate capital facilities for the
development, encourages private participation in comprehensive planning, and reduces the
economic costs of development; and
WHEREAS, the Owner/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. ,
adopted on October 9, 2019 authorizes the City Manager to execute this Agreement upon the
terms and conditions set forth below, and the Owner/Manager has authorized the Developer 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 Owners/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" means anyone or more additional term(s) approved by
mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement
between the City and Owners/Developer.
TNJ Realty, LLC Development Agreement
(c) "City" means the City of Opa-Locka, a municipal corporation and a
political subdivision of the State of Florida, and all departments, agencies
and instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to
Chapter 163, F.S.
(e) "Owner/Developer" means the persons or entities undertaking the
development of the Property, defined in the preamble to this Agreement,
TNJ REALTY LLC and/or any of its respective successors, assigns, or
heirs thereof.
(0 "Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure or
land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221(4), F.S.
(g)
"Development Permit" includes any building permit, zoning or
subdivision approval, certification, special exception, variance, or any
other official action of local government having the effect of permitting
the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of
the Circuit Court in and for Miami -Dade County,
(i) "Entire Term" is the total term of this Agreement, combining the Initial
Term (thirty (3 0) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to
this Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's
approval of the Site Plan, and (b) the provisions of the Charter,
Comprehensive Plan and Laws of the City of Opa-Locka, including the
City of Opa-Locka's Unified Land Development Regulation Code and the
Ordinance, as amended through the Effective Date.
(1) "TNJ Realty LLC_Site Plan" is the Final Site Plan approved by the City
Commission via Resolution No. for the construction of a
Retail Center on this eight parcel site.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface
and includes any improvements or structures customarily regarded as land,
except as provided herein.
TNJ Realty, LLC j Development Agreement
(p)
(q)
"Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning,
rezoning, subdivision, building construction, or sign regulation or any
other regulations controlling the development of or construction upon land
in effect as of the Effective Date.
"Laws" means all ordinances, resolutions, regulations, comprehensive
plans, Land Development Regulations, and rules adopted by the City of
Opa-Locka affecting the development of land in effect as of the Effective
Date, including Opa-Locka's Unified Land Development Regulation Code,
the Ordinance and the Resolution Number 15-31.
(r) "Parties" means the City and the Owner/Developer
(s) "Project" is the TNJ Realty LLC development which includes the
development of two retail spaces of 3,500 square feet and 4,485 square
feet and two restaurants of 2,237 square feet and 2,965 square feet. The
retail uses would occupy the perimeter of the site with the parking and
circulation being on the interior of the site.
(t) "Property" means the 8 properties and alleyways that are bounded by
Superior Street, NW 27th Avenue and Opa Locka Boulevard, Opa-Locka,
FL. 33054 and identified by Miami -Dade County Tax Folio Nos. 08-2121-
007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-007-2650, 08-
2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-2121-013-
2020 (the "Property"), and are zoned B-2 (Liberal Commercial) and
legally described on the attached 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 approving the
TNJ Realty LLC Project Site Plan and Resolution Number
approving the Development Agreement.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be
construed and implemented as a development agreement among the parties
pursuant to the Florida Local Government Development Agreement Act, Section
163.3220 through 163,3243, F.S., ("Act"), in compliance with section 4.16 of the
City of Opa-Locka's Unified Land Development Regulation Code, the Ordinance
and the Resolution.
TNJ Realty, LLC Development Agreement
5. Effective Date. Immediately upon approval by the City and execution by all
parties, the City shall record, with recording fees paid by the Owner, the
Agreement with the clerk of the Circuit Court for Miami -Dade County. This
Agreement shall become binding on the Effective Date. Notwithstanding the
Effective Date provided herein and required by Section 163.3239, P.S., the City
and the Owners/Owners shall act in good faith to carry out the intent of the
Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the
land, remain in full force and effect, and be binding on all Parties (including the
Owner) and all persons claiming under it for an Initial Term of thirty (30) years
from the Effective Date, and may be extended for one or more Additional Term(s)
thereafter by mutual consent of the parties subject to two public hearings pursuant
to Section 163.3225, F.S. Consent to any extension of this Agreement requires
approval of both parties to this Agreement. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement. The
obligations imposed pursuant to this Agreement upon the parties and upon the
Property shall run with and bind the Property as covenants running with the
Property, and this Agreement shall be binding upon and enforceable by and
against the parties hereto, their personal representatives, heirs, successors,
grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the agreement, the
city shall have ability and the rights under its police power to adopt Zoning
Regulations not inconsistent with the rights granted hereunder. In the event of
termination or default, no further rights under this agreement shall exist, whether
brought under a claim of vested right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the
Owner agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of
Occupancy for the Project, and shall be served by water and sanitary
sewer main extensions as required by the city in accordance with Miami -
Dade County permitting requirements
(b) All Public Facility improvements required by the City, by Miami -Dade
County, Florida, or voluntarily proposed by the Owner to be installed by
Owner shall be constructed in accordance with applicable governmental
regulations prior to the issuance of a Certificate of Occupancy of the
Proj ect.
TNJ Realty, LLC Development Agreement
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and
verbal representation submitted to the City Commission in order to receive
approval of the TNJ Realty LLC Retail Center Site Plan. Such items
include, but are not specifically limited to:
■ Design of all physical structures, water bodies, private and public
improvements; and
■ The color and dimensional characteristics of all building materials.
■ All landscaping, bay, loading and parking spaces must be provided
and maintained as shown on the site plan.
(e) Owners guarantee to preserve and maintain all building and structures
consistent with the TNJ Realty LLC Site Plan for the eight parcel site
including the vacated alleyways for the properties bounded by Superior
Street, NW 27th Avenue and Opa Locka Boulevard to construct a retail
center as displayed on the site plan 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 control at least
10% of any entity to which his agreement has been assigned, sold or
otherwise transferred. Any new owner must abide by the terms of this
agreement until October 2049.
Owner/Developer shall submit annual reports and additional
documentation to the City as required by the Resolution to verify
continuing compliance with the Resolution.
The Owners/Developer will not physically alter or substitute the design of
structures, materials and colors included in the TNJ Realty LLC 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 Owners/Developer and his assigns to prove that said materials or
colors are in fact unavailable.
(h) The Owners/Developer, and his Assigns, Successors or any other Owner
of the property shall not apply to the Value Adjustment Board to obtain a
lower assessment on the subject property of this Development Agreement
during the thirty (30) years this Development Agreement is in effect.
(i)
G)
Owner agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
The Owners/Developer agrees to employ Opa-locka residents through the
assistance of the Career Source South Florida Office and shall also request
all contractors and all their subcontractors to employ Opa-locka residents
TNJ Realty, LLC Development Agreement
(k)
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.]
The Owners/Developer agreed:
(1) To host job fairs within the City of Opa-locks before and during the
demolition and construction phase of this development for
construction jobs;
(2) To host job fairs within the City of Opa-locks after construction for
retail business operation jobs;
(1) All trash and garbage containers shall comply with all city dumpster
enclosure requirements.
(m) Hours of operations: 24 hours/7 days a week
(n) The Owner / Developer must comply with the following timeline, which
applies immediately upon approval of this Development
Agreement/Restrictive Covenant: Violation of this timeline may result in;
the revocation of any approved Development Permit and/or any actions
deemed necessary by the City of Opa-locka:
■ Apply for building permits for Demolition: within 6 months from
the execution of the Development Agreement. The Developer has
agreed that the demolition of all existing structures will provide 8
to 10 labor jobs.
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 54 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause.
(o) Any liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this Agreement.
TNJ Realty, LLC Development Agreement
(p)
(q)
In the event the retail center is not developed within fifty-four (54)
months from the date of the sale, the property (the alleys) will
revert back to the ownership of the City of Opa-locka with no
monies being due to Owner/ Developer.
Owner/Developer shall comply with all terms and conditions set forth in
City Commission Resolution No. authorizing the execution of this
Development Agreement.
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City
need to approve the following additional development permits upon proper
submission of all requirements, and City review or inspections, in order for the
Owner to develop the Project:
(a)
(b)
(g)
Site plan approvals;
Modifications to existing approvals and permits, including the TNJ Realty
LLC Site Plan
Water, sewer, paving and drainage permits;
Building permits;
Sign permits;
Certificates of use and occupancy; and
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 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 TNJ Realty LLC.
(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 Owners/Owners anticipate that the Property
and the Project will be served by those public services and facilities currently in
existence as provided by the State of Florida, Miami -Dade County, the City,
and/or as contemplated in the TNJ Realty LLC Site Plan. The Property and the
Project will also be served by any and 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.
TNJ Realty, LLC Development Agreement
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. All development orders or permits sought to be issued
for the Project pursuant to this Agreement must be able to meet concurrency
standards set forth in the Comprehensive Plan (concurrency regulations) and to be
consistent with Land Development Regulations, so long as the Owners/Owners
constructs the Property in compliance with the City's Laws, Comprehensive Plan
and Land Development Regulations in existence as of the Effective Date.
Owners/Owners 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 Owners/Owners of the requirement to pay impact fees and
assessments.
12. Consistency with Comprehensive Plan. In accordance with Section
163.3227(g), F.S., the City hereby finds and declares that the Owners
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 consent to such changes and except as otherwise provided
in the Act. The . City may apply subsequently adopted laws or policies to the
Property only as permitted or required by the Act or as provided above or upon
this agreement being terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that
certain provisions of this Agreement require the City and its boards, departments
or agencies, acting in their governmental capacity, to consider governmental
actions, as set forth in this Agreement. All such considerations and actions shall
be undertaken in accordance with established requirements of state statutes and
municipal ordinances, in the exercise of the City's jurisdiction under the police
power. Nothing in this Agreement shall be construed to prohibit the City from
duly acting under its police power to approve, approve with conditions, or reject
any public hearing application dealing with the Property.
TNJ Realty, LLC Development Agreement
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 Owners/Owners 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 Owners/Owners 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 Owners/Owners to develop
the Property in a manner that is inconsistent with the Laws of the City of Opa-
Locka in existence as of the Effective Date.
16. Good Faith; Further Assurances. The parties to this Agreement have negotiated
in good faith. It is the intent and agreement of the parties that they shall cooperate
with each other in good faith to effectuate the purposes and intent of and to satisfy
their obligations under this Agreement in order to secure to themselves the mutual
benefits created under this Agreement. In that regard, the parties shall execute
such further documents as may be reasonably necessary to effectuate the
provisions of this Agreement, provided that the foregoing shall in no way be
deemed to inhibit, restrict, or require the exercise of the City's police power or
actions of the City when acting in a quasi-judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
a recognized courier (such as Federal Express) or mailed by certified or registered
mail, return receipt requested, in a postage prepaid envelope and addressed as
follows:
If to the City City Manager
at: City of Opa.-Locka
780 Fishermen Street, 4th Floor
Opa-Locka, Florida 33054
With a copy
P.A.
If to the Owners/Owners
at:
Law Offices of Burnadette Norris -Weeks,
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
And
401 North Avenue of the Arts,
Ft. Lauderdale, FL 33311
TNJ REALTY LLC
c/o William Green, Managing Partner
2257 SW 132nd Avenue
TNJ Realty, LLC Development Agreement
With a copy to:
Miramar Florida 33027
The Barrister Law Firm
c/o Christopher Benjamin
P.O Box694011
Miami Florida 33269
18. Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. The
Owners/Owners and the City agree that Miami -Dade County, Florida is the
appropriate venue in connection with any litigation between the parties with
respect to this Agreement. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof; and accordingly, this Agreement
shall not be more strictly construed against any of the parties hereto. In construing
this Agreement, captions, and section and paragraph headings shall be
disregarded. All of the exhibits referenced in this Agreement are incorporated in,
and made a part of, this Agreement. In the event of any litigation between the
parties under this Agreement for a breach thereof, the prevailing party shall be
entitled to reasonable attorney's fees and court costs at all trial and appellate
levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties'
compliance with the terms of this Agreement, such Agreement shall be modified
or revoked as is necessary to comply with the relevant state or federal laws
19. Severability. In the event that any term or provision of this Agreement is
determined by an appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or construed as deleted as
such authority determines, and the remainder of this Agreement shall be construed
to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
contained herein and merges all prior discussions between the Owners/Owners
and the City. Neither party shall be bound by any agreement, condition, warranty
or representation other than as expressly stated in this Agreement and this
Agreement may not be amended or modified except by written instrument signed
by both parties hereto and in accordance with Section 163.3225, F.S.
21. Indemnification. The Owners/Owners shall indemnify and hold harmless the
City, its elected and appointed officials, employees, agents and assigns from and
against any claims or litigation arising from this Agreement instituted by third
parties.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City
shall review the Property subject to this Agreement at least once every 12 months
TNJ Realty, LLC Development Agreement
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.
TNJ Realty, LLC Development Agreement
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
I Dated: day of , 20
Approved for form and legal sufficiency:
City Attorney:
TNJ Realty, LLC 1 Development Agreement
OWNERS/OWNERS
Owner/ Developer.
WITNESS: TNJ REALTY LLC
By:
Signature Name: William J. Green
Title: Managing Partner
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument acknowledges before me this day, of
120 by- William J. Green on behalf of TNJ REALTY LLC 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.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
TNJ Realty, LLC Development Agreement
EXHIBIT A- PROPERTY LEGAL DESCRIPTION/SURVEY/SITE PLAN
TNJ Realty, LLC Development Agreement