HomeMy Public PortalAbout20-9773 Development Agreement for the Construction of a Dialysis CenterSponsored by: City Manager
RESOLUTION NO. 20-9773
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING
DEVELOPMENT AGREEMENT APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF A DIALYSIS
CENTER ON THE PROPERTY LOCATED AT 441 OPA-
LOCKA BOULEVARD IDENTIFIED BY FOLIOS 08-2121-
004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant wishes to construct a 7,136 square foot dialysis center
at the intersection of Opa-locka Boulevard and Ali -Baba Avenue as indicated on the
attached Site Plan in Exhibit A, This property would allow for an alternate location for
Opa-locka residents to perform their dialysis treatments, as provided by Miami Dade
County there ae approximately 600-900 dialysis patients within Opa-locka that require
regular treatment; and
WHEREAS, the intent of this project is to provide a service that is more
comprehensive than other dialysis centers, the key service to understand is
transportation, as medical treatments typically cease to operate at 5pm, this facility will
have its own fleet and operate after 5pm to provide services to return its patients home;
and
WHEREAS, the project proposes to relocate 20 parking spaces that are dedicated
to 780 Fisherman Street, also known as Town Center One, from the current parking lot
to two separate locations. Firstly, a new 20 car parking lot at the end of Bahman Street
within the right-of-way, the second is to re -paint 2 handicap accessible spaces at the
parking lot within Pervis Avenue to 4 regular parking spaces, those spaces are located
at the west end of the parking lot along Ali -Baba Avenue; and
WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section
2249 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 RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this Resolution by
reference.
1
Resolution No. 20-9773
SECTION 2. Approval/Denial.
Approval/ Denial of Development Agreement. The City Commission of the City of
Opa-locka hereby approves / denies a request for Development Agreement for
Construction and Operation of a dialysis center on the property located at 441 Opa-
locka Boulevard identified by folios 08-2121-004-0580 and 08-2121-004-0590 in the B-2
Zoning District.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of Opa-
locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 24th day of Tune, 2020.
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
es7.
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by: COMMISSIONER BASS
2
Matthew A. Pigatt, Mayor
Resolution No. 20-9773
Seconded by: VICE MAYOR DAVIS
VOTE: 3-2
Commissioner Bass YES
Commissioner Burke NO
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt NO
3
SUNDAY /UNE 14 2020
MWAINERALD.COM
NEIGHBORS
7NW
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at its Virtual Regular Commission Meeting on
Wednesday, June 24, 2020 at 7:00 p.m. to consider the following items:
SECOND READING ORDINANCE/PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY
AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020, ADJUSTING
REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING
FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on May 27, 2020).
RESOLUTIONS/PUBLIC HEARINGS;
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE FINAL SITE PLAN FOR THE
CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD ON
THE PARCELS IDENTIFIED BY FOLIOS 08- 2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121-013-2020, 08-2121-007-2650,
08-2121-007-2660 AND 08-2121- 007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
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 27 AVENUE AND OPA-LOCKA
BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08- 2121-013-2010, 08-2121-013-2020,
08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF A WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED
BY FOLIOS 08-2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF A WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED
BY FOLIOS 08-2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF A DIALYSIS CENTER ON THE PROPERTY LOCATED AT 441 OPALOCKA BOULEVARD IDENTIFIED BY FOLIOS
08-2121-004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR
THE CONSTRUCTION AND OPERATION OF A DIALYSIS CENTER ON THE PROPERTY LOCATED AT 441 OPALOCKA BOULEVARD IDENTIFIED BY FOLIOS
08-2121- 004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above Items may be obtained by contacting the Office of the City Clerk via telephone (305) 953-2800 or email jflores@opalockafl.gov.
All interested persons are encouraged to participate in this meeting and will be heard with respect to the public hearings. For information on Virtual Commission
Meeting procedures please visit www.opalockafl.gov.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate In the proceeding should contact
the Office of the City Clerk at (305) 953-2800 for assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the
Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877)955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at
such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal may be based.
Joanna Flores, CMC
City Clerk
City of Opa-Iocka
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
i>/
Finance Director:
FD Signature:
Department
/s
City Manager:
John Pate
CM Signature:
Commission Meeting
Date:
6-24-20
Item Type:
(EnterXin box)
Resolution
/ r finance
Other
i X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
15' Reading
2nd
Reading
X
X
Public Hearing:
(Enter Xin box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PT P
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter Xin 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
Dev
•
•
Image •
•
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
DEVELOPMENT AGREEMENT REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A
DIALYSIS CENTER ON THE PROPERTY LOCATED AT 441 OPA-LOCKA BOULEVARD IDENTIFIED BY FOLIOS
08-2121-004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
The project proposes to relocate 20 parking spaces that are dedicated to 780 fisherman, also known as
Town Center One, from the current parking lot to two separate locations. Firstly, a new 20 car parking lot
at the end of Bahman Street within the right-of-way, the second is to re -paint 2 handicap accessible spaces
at the parking lot within Pervis Avenue to 4 regular parking spaces, those spaces are located at the west
end of the parking lot along Ali Baba Avenue. Being within the Downtown Mixed Use overlay, there is
potential to mitigate the parking requirement pending review.
BACKGROUND
The applicant wishes to construct a 7,136 square foot dialysis center at the intersection of Opa-Iocka
Boulevard and Ali Baba Avenue, This property would allow for an alternate location for Opa-Iocka residents
to perform their dialysis treatments, as provided by Miami Dade County there ae approximately 600-900
dialysis patients within Opa-Iocka that require regular treatment.
FINANCIAL IMPACT
When this project is completed, the City will receive approximately $19,082 of impact fees. Additionally, it
is estimated that the taxable valuation of the property will increase by approximately $950,000, which at
the current year millage rate of 9.8000 mills will provide additional ad valorem revenue of $8,845. Finally,
as a dialysis center, the property will be an extensive user of City water and sewer services as well as
paying annual Business Tax Receipts and stormwater fees.
Proposed Action:
Staff has recommended approval of this legislation.
Attachment:
PCD Staff Report- Opa-Iocka Dialysis Center — Development Agreement
P & Z Board Meeting Minutes 5-5-20
May 5°h
PLANNING
COUNCIL 2020
OPA-LOCKA DIALYSIS CENTER: Development
Agreement
APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF
THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING
DEVELOPMENT AGREEMENT APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF A DIALYSIS CENTER ON
THE PROPERTY LOCATED AT 441 OPA-LOCKA BOULEVARD
IDENTIFIED BY FOLIOS 08-2121-004-0580 AND 08-2121-004-
0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Report
City Of Opa-locka I Planning and Community Development Department
Site Background
• According to Miami -Dade County Property Appraiser's website, the subject Property's legal description is as follow:
21 52 41 19 AC PB 34-76
OPA LOCKA 2ND REV PLAT NO 2
NELY85FT OF TRACT B BLK 55
LOT SIZE 8125 SQUARE FEET
OR 20166-3892 0102 2 (2)
• The subject property is currently own by 441 OPA LOCKA BLVD LLC. according to the Miami -Dade County
Property appraiser's website. The subject Property is currently a parking lot and the current land consists of two
parcels (Folio #08-2121-004-0580 East Parcel, Folio #08-2121-004-0590 West Parcel), zoning for both parcels
is B-2 with the DMU overlay which allows for commercial and mixed use developments.
• Currently the site conditions are as follow: parking lot (see Existing Condition Section). The site is located
along Ali Baba Avenue at the intersections of Ali Baba Avenue and Bahman Street and Ali Baba Avenue and
Opa-locka Boulevard. The site is only accessible via county road at its southern edge providing for ingress and
egress, immediately adjacent to Ali Baba Avenue.
WEST
Figure 1: Google Street View, dated:
ALI BABA AVENUE
EAST
City of Opa-locka I Planning and Community Development Department
Page 3 of 10
II. Project Details
• Applicant's intent
The applicant wishes to construct a 7,136 square foot dialysis center at the intersection of Opa-locka
Boulevard and Ali Baba Avenue, This property would allow for an alternate location for Opa-locka residents to
perform their dialysis treatments, as provided by Miami Dade County there ae approximately 600-900 dialysis
patients within Opa-locka that require regular treatment.
The project proposes to relocate 20 parking spaces that are dedicated to 780 fisherman, also known as
Town Center One, from the current parking lot to two separate locations. Firstly, a new 20 car parking lot at the
end of Bahman Street within the right-of-way, the second is to re -paint 2 handicap accessible spaces at the
parking lot within Pervis Avenue to 4 regular parking spaces, those spaces are located at the west end of the
parking lot along Ali Baba Avenue. Being within the Downtown Mixed Use overlay, there is potential to
mitigate the parking requirement pending review.
Site Computations & Land Develo • ment Re • ulation / Zonin • Code
Applicant
Folio Number (s)
Address Location
Building (s) Footprint
Floor Area
Zoning
Zoning Code Consistency
Existing Land Use
Future Land Use
Designation
Comprehensive Plan
Consistency
Applicable LDR Sections
SET BACKS/ YARD
Front (South)
Rear (North)
Side (East)
Side (West)
Corner Lots/ Other
Table 1
"441 OPA-LOCKA BLVD LLC
Opa-locka: 08-2121-004-0580
Opa-locka: 08-2121-004-0590
441 Opa-locka Boulevard
Total Site Area — 20,500 SF
Office Bldg. — 7,136 SF
Parking Lot — 8,071 SF
Common Green Area — 5,293 SF
Total 7,1367 SF
B-2 — Commercial Liberal / DMU Downtown Mixed Use Overlay
The proposed use for a Dialysis Center is consistent with the B-2 Zoning Code.
Parking Lot / B-2
B-2
- The proposed use for a Dialysis Center is consistent with the Comprehensive
Plan with the requested property being B-2.
Ordinance no, 15-31, Article III Sec; 22-55; Article V Sec. 22-90, 22-112, Ord, no. 14-
16
REQUIRED
PROPOSED
COMPLIANCE
10 Feet
15 Feet
10 Feet
10 Feet
N/A
15 Feet
20 Feet
10 Feet
10 Feet
N/A
YES
YES
YES
YES
N/A
City of Opa-locka 'Planning and Conununity Development Department
Lot Coverage
Lot Density
Lot Size
Lot Width
Building Height
Structure Length
Other Vehicular Use Area
Landscaping
Parking Details
Landscape/ Pervious Lot
Coverage
Notification Requirement
Local Government Action
Required
N/A
N/A
5,000 SF (0.11 Acres)
N/A
4 Stories or 55 Feet whichever
Tess
N/A
1,625 SF
Office buildings: pursuant to the
Land development Regulation
Ordinance 86-8: Article 4, section
22-90. one (1) Parking per 250
square feet of floor area.
-32 spaces required
* Off. Bldg. = 32 spaces
Required
0.43%
N/A
20,500 SF (0.47 Acres)
N/A
Office Building:
1 Stories/ Feet
N/A
8,071 sq. ft.
5,293 sq. ft.
Office Bldg.
7,136 SF
Parking Lot:
8,071 SF
Total Space Provided:
42 Total Spaces
36 Regular Spaces
6 Handicapped Spaces
Page 4 of 10
YES
N/A
YES
N/A
YES
N/A
YES
20% minimum required pervious 30% provided YES
This request will be properly noticed pursuant to state law and city charter by the city
clerk's office.
A copy of notice for advertisement titles were given to the Clerk's Office on
Monday, February 24th, 2020. To be advertise at least 10 days prior to this
Planning and Zoning Board meeting on Tuesday, May 5th, 2020.
City Commission Meeting: TBD
The City Commission must review this site plan and consider approval/disapproval
after it is reviewed by the Planning and Zoning Board and any other applicable board
or agency.
(it}' of Opa-louka (Planning,u,d ('(nnuuuuty Development Dcparuncni
Page 5 of 10
III. Overall Analysis
Existing Conditions:
• The Subject Property is generally surrounded by commercial properties to the north, south and west and
residential to the east with ingress and egress to Ali Baba Avenue.
• Sidewalk alongside the south, east and, west edge of the Property
• Proposed parking lot to be added on the ROW of south Bahman, property currently occupied with automotive
business.
View of Bahman Street facing south towards
proposed additional parking
South View of Property
East View of Property
West View of Property
Enlarged View of Bahman Street facing south towards proposed additional parking lot
('Ity of Opa-kelcka !Planning and Community Development Department
Surrounding Land Use and Zoning: Table 2
Location
North
South
East
West
Existin s Land Use
Future Land Use FLU
Commercial 1111111111 Commercial Aar
Commercial Commercial
ROW ROW Bahmen Street
Commercial Commercial
Surrounding Zoning Designation Map
The Site Is Highlighted In Image
Page 6 of 10
Zonin
B.2 (Commercial Liberal)
B-2 (Commercial Liberal)
N/A
B-2
• General Character / Neighborhood Compatibility: The proposed development use will be in Harmony with
the general character of the surrounding neighborhood considering population density, design, scale, and bulk
of any proposed new structures, intensity and character of activity, traffic and parking conditions?
- Findings:
■ The propose development use 'Opa-locka Dialysis Center" is in harmony with the general characteristic
of the surrounding neighborhood: Commercial Uses
COMPLIES
• Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE
NO.10-03
- Findings:
• The Applicant is proposing to include landscaping at .47ac. (Please see attached Landscape
Plan for Trees detailed information).
COMPLIES
• Fence: All fences constructed on property perimeters shall be of a solid masonry construction or a decorative
masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to obstruct
or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two hundred (200)
feet of any intersection within the district.
- Findings:
City of Opa-locka 'Planning and Community Development Department
Page 7 of 10
• The Applicant is not required to have fencing as the property is on a commercial corridor
pursuant to the City Land development Regulation/Zoning Code 15-31, B-2 Commercial
District (Section 22-90).
• Future Land Use: Commercial (Communications, water and sewer facilities, electrical as needed).
- Findings:
■ According to the City of Opa-locka Comprehensive Plan; the proposed project shall be located
within the City's Commercial land use designation category location.
COMPLIES
• B-2 (Commercial Liberal) Permitted Uses: Project Specific: Dialysis facility
- Findings:
■ According to the City's Land Development Regulation/ Zoning Code B-2 (Commercial
Liberal) allows for a Dialysis facility which is permitted within a B-2.
COMPLIES
• Community CommentslPetitions: The Applicant verbally informed the Planning and Community
development Department that petitions were submitted to the surrounding businesses for signatures, comments
or possible opposition.
- Findings: The Planning and community Development Department has not yet received any signed
petitions submitted to the Neighboring Businesses as indicated by the Applicant.
IV. Project Need Assessment 1 other Required Approvals
1. Site Plan
• Application submitted for Planning Council Meeting (this meeting) Tuesday, May 5th
2020.
2. Development Agreement
• Application submitted for Planning Council Meeting (this meeting) Tuesday, May 5th
2020.
V Development Review Committee (DRC): Meeting Review Comments
1. Capital Improvement Project (CIP):
• No issues reported for the proposed Site Plan
2. Building:
• N/A
3. Police:
• N/A
4. Community Redevelopment Agency (CRA):
• N/A
5. City Manager's Office (CMO):
• N/A
6. Code Enforcement:
• N/A
City of Opa-locka I Planning and Community Development Department
Page 8of10
7. City Attorney's Office:
• Development Agreement under review
8. Public works:
• N/A
9. Inter -jurisdictional Review:
• N/A
VI. Staff Recommendation:
Staff recommend approval of this Site Plan pending the following other approvals:
• A Development Agreement must be submitted along with this Opa-locka Dialysis Center Site
Plan pursuant to the city Land Development Regulation/ Zoning Code Ordinance no. 15-31:
Article V Section 22-112 and F.S. Section 163.3220-163.3243;
• All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X;
• All landscaping and parking areas must be provided and maintained as shown in the Opa-locka
Dialysis Center Site Plan;
• Trees to be planted 25' avg. oc.;
• Adequate landscape buffer around parking area;
• Compliance with resolution 5058, fare share agreement;
• Extend employment opportunity to City residents through the City's Human Resource dept.
and the Opa-locka workforce;
• Maintain 100% the use, function, or any recommendation the Planning and Zoning Board
deem necessary to this Opa-locka Dialysis Center site plan and or not limited to the provision
of satisfying all other city's land development code pertaining to the site, landscape and
structures;
• All trash & garbage containers shall comply with the City dumpster enclosure requirements;
• The Development Agreement (D.A.) shall specifically address the daily operation, business,
behaviors and any other requirements set forth by the City's Land Development Code,
Planning and Zoning Board and the City Commissioner for this proposed Opa-locka Dialysis
Center site plan;
• Address all Miami -Dade County's input/recommendations as appropriate
VII. Attachments:
• Site Plan
• Development Agreement
Plannin . and Communi Develo . ment De . artment
Project Planner Corion J. DeLaine, City Planner
Gerald J. Lee, Zoning Official
Gregory D. Gay, Director
Planning and Community Development
Zoning
Approved by
VII I. Staff Report Updated After the Planning and Zoning Board Meeting on May 5'h 2020.
Reflected Actions:
I. Planning and Zoning Board Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No. 2020-0505-01, 2020-0505-02
City of Opa-locka I Planning and Community Development Department
Page 9 of 10
RESOLUTION OF THE PLANNING AND ZONING BOARD, OF THE CITY OF OPA-LOCKA, RELATING TO
THE APPLICATION OF: Opa-locka Dialysis Center
FOR: SITE PLAN APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING: A 20,500 SQ. FT.
DIALYSIS FACILIY WITH 43 PARKING SPACES.
WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence,
documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-
locka.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1) That the request in the application by the applicant be and the same is hereby
a. APPROVED ❑ DATE: 05-05-2020
b. DENIED ❑
c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ /
2) That the following special condition be and they are hereby imposed, conditioning the determination
aforementioned:
a.
b.
*** The Planning and Zoning Board Approval of this request was approved by a - vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as
is reflected upon the public records of the City of Opa-locka this day of
Chairperson or Designee
The Following changes/recommendations are updates based on the Planning and Zoning Board
Meeting discussions in regards to the proposed Dialysis Facility
City of Opa-locka 1Planning and Conununity Development Deparunent
City of Opa-Iocka I Planning and Community Development Department
Memorandum
To: Gregory Gay, AIA-AIM, Director I CRA Manager
From: Airia Austin, PW \ CIP Director cet .
Date: May 7, 2020
Re: 441 Opa-Locka Blvd. - Dialysis Center
Mr. Gay, the CIP department has reviewed and approved the plans for 441 Opa-Locka - Dialysis
Center submitted by Robayna and Associates, Inc.
The plans approval was based on the following criteria:
1. Adequate drainage design for the increase in impervious area.
2. Geometric design of the parking spaces meets Miami -Dade County and City design
standards.
3. There is no effect to the existing adjacent roadway traffic patterns by any of the
proposed parking spaces.
END OF MEMORANDUM
RBYNA
AND ASSOCIATES INC.
ENGINEERS - PLANNERS - SURVEYORS
5723 NW 158th STREET
MIAMI LAKES, R 33014
PH.(305) 823-9316 E.B. % 5004
NOTES:
1. Adequate drainage will be provided at the street parking areas proposed.
2. The following is provided as a conceptual design and subject to a
topographic survey to verify exact dimensions.
3. If during design it is found that the areas do not have the adequate
dimensions, areas within 500' of 780 Fisherman Street will be reviewed
and coordinated with Community Development and Public Works
Departments.
4. The total amount of spaces to be constructed will be 14. Additional spaces
are shown herein in the event that surveyed dimensions are found to be
insufficient.
PREPARED FOR:
CITY OF OPA-LOCKA
CONCEPTUAL ON -STREET PARKING
DWG. NO.
1
E10
1-ProisstFiles1All OM lads Blvd LLC1190056- Oo.-Lads Medial Bulldina P ,6inoS11-Dnwin S01-EnainMdnth1000561101 On51n.1Pahina dwo. 1/21120204.55.17 PM. Aute[AD PDE (High Ou.Ots Pdntinf3
RNAYNA
AND ASSOCIATES INC.
ENGINEERS - PLANNERS - SURVEYORS
5723 NW 158th STREET
MIAMI LINES, FL 33014
PH.(305) 823-9316 E.B. / 5004
PREPARED FOR:
CITY OF OPA-LOCKA
PROPOSED PARKING #1
DWC. NO.
2
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RSBYNA
AND ASSOCIATES INC.
ENGINEERS - PLANNERS - SURVEYORS
5723 NW 158th STREET
MIAMI LAKES, FL 33014
PH.(305) 823-9316 E.B. # 5004
PREPARED FOR:
FISHERMAN ST
CITY OF OPA-LOCKA
PROPOSED PARKING #2
DWG. NO.
3
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ROBAYNA
AND ASSOCIATES INC.
ENGINEERS - PLANNERS - SURVEYORS
5723 NW 158th STREET
MIAMI LAKES. FL 33014
PH(305) 823-9316 E.B. f 5004
PREPARED FOR:
CITY OF OPA-LOCKA
PROPOSED PARKING #3
DWG. NO.
4
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AND ASSOCIATES INC.
ENGINEERS - PLANNERS - SURVEYORS
5723 NW 1581h STREET
MIAMI LAKES, FL 33014
PH.(305) 823-9316 E.B. % 5004
PREPARED FOR:
CITY OF OPA-LOCKA
PROPOSED PARKING #4
DWG. NO.
5
EMI-Proj.ctFllesµ41 Opa_Locka Blvd LLC\190056- Opa-Locka Medical Building Parking\11-Dmvings\01-Enginaxing\1900561101 OnSM.tP.rking.dvq, 1/21/20204:S6:00 PM„_1utoCAD PDF (High quality PdnU•pc3
Record and Return to: (enclose self-addressed stamped envelope)
Instrument Prepared by:
Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa-locka
780 Fisherman Street
Ft. Lauderdale, FL 33311
DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA;
AND ROBAYNA AND ASSOCIATES, INC.
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of May,
2020 ("Execution Date") by and between 441 Opa Locka Blvd., LLC, a Limited Liability Company, 441
Opa-Locka Blvd., Opa-Locka, FL 33054 and the City of Opa-Locka, Florida, a municipal corporation and
a political subdivision of the State of Florida ("City"), with a mailing address of 780 Fishermen Street, 4th
Floor, Opa-locka Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 0.47 acres of land located at
441 Opa-Locka Blvd., Opa-Locka, FL 33054, within the municipal boundaries of the City and identified
by Miami -Dade County Tax Folio No. 08-2121-004-0590(the "Property"), the legal description of which
is attached hereto and made a part hereof as Exhibit "A"; and 08-2121-004-0580.
WHEREAS, the City's Commission adopted Resolution Number approving a Master
Site Plan for the Dialysis Center which includes approximately 7,136 square feet ; 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 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
, authorizes the City Manager to execute this Agreement upon the terms and conditions
I 441 Opa-locka Blvd. LLC - 1)o. eluputent .Ag1ecuwul
set forth below, and the Manager of Owner have authorized the Owner 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/Owners 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/Owners.
(c) "City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter
163, F.S.
(e) "Owner" means the persons or entities undertaking the development of the
Property, defined in the preamble to this Agreement, Opa Locka Blvd., LLC
and/or any of its respective successors, assigns, or heirs thereof.
(f) "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 (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's approval
of the Site Plan, and (b) the provisions of the Charter, Comprehensive Plan and
Laws of the City of Opa-Locka, including the City of Opa-Locka's Unified Land
Development Regulation Code and the Ordinance, as amended through the
Effective Date.
(1)
"441 Opa Locka Blvd., LLC/ Dialysis Center Site Plan" is the Final Site Plan
approved by the City Commission via Resolution No. for a 441 Opa
Locka Blvd., LLC/ Dialysis Center.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land, except as
provided herein.
(p)
"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.
(q) "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
(r) "Parties" means the City and the Owner/Developer
(s) "Project" is the 441 Opa Locka Blvd., LLC/ Dialysis Center as described by the
441 Opa Locka Blvd., LLC/ Dialysis Center Site Plan.
(t) "Property" means the approximately 0.47-acre parcel of land located 441 Opa-
Locka Blvd., Opa-Locka, FL. 33054 and identified by Miami -Dade County Tax
Folio No. 08-2121-004-0590 and 08-2121-004-0580, the legal description of
which is attached hereto and made a part hereof as Exhibit "A."
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
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 Opa Locke Opa
Locka Blvd., LLC/ Dialysis Center Site Plan.
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
-1-11 vpe lucka Iflcil 1 11 l Development ,lgtcemem
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.
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 Bindine 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 Project.
(c) All signage shall comply with all city sign code ordinance requirements.
4 441 llpa-1uc64 Blvd. LI C - 1)e e1opment Alp cement
(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 Opa Locka Blvd., LLC/ Dialysis 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.
■ Owner agrees to construct commercial and retail facilities to compliment
automobile facilities proposed on the Property.
■ 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 Opa Locka Blvd., LLC/ Dialysis Center Plan, free of all liens and
encumbrances, for the entire period in which the Owners own the land or control
51 % ownership of the Property, or control 5% of any entity to which his
agreement has been assigned, sold or otherwise transferred.
(f)
(g)
Owner shall submit annual reports and additional documentation to the City as
required by the Resolution to verify continuing compliance with the Resolution.
Owners will not physically alter or substitute the design of structures, materials
and colors included in the Opa Locka Blvd., LLC/ Dialysis Center 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/Owners to prove that said materials or colors are in fact unavailable.
(h) The Developer, and any Assign, 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) Owner agrees that the City may enter onto the Property to confirm compliance
with the terms of this Agreement.
(j) Owner shall mitigate any negative factoes created by the Opa Locka Blvd., LLC/
Dialysis Center on surrounding boundary of the Property.
(k) Owner shall strive to employ qualified residents from the City of Opa-locka to
work at the Property (prior to and after construction). In order to accomplish this
task the Owner shall coordinate with the City of Opa-locka and the Career
Source of South Florida Office located in the City in accordance with the
Memorandum of Understanding between the City of Opa-locka and Career
Source.
(1) Owner shall also encourage all contractors and subcontractors to employ Opa-
locka residents through the assistance of the Career Source South Florida office
in coordination with the City of Opa-locka and in accordance with the
Memorandum of Understanding between the City of Opa-locka and Career
Source.
(m) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(n) Parking: (1) space per 250 square feet
(o) Owner agrees and shall provide (38) off -site parking spaces as shown and
included in the site plan and supplemental parking plan.
(p)
(q)
Hours of operations 7:00 AM-7:00 PM
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:
■ Must apply for building permits within 6 months from the execution of
the Development Agreement. The City Manager may grant a single 6
month extension for good cause shown.
■ Start construction: within 18 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause shown.
■ Complete project: within 54 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause.
10. Development Permits. In accordance with Section 163.3227(0, 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) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Opa Locka Blvd.,
LLC/ Dialysis Center Site Plan
(c) Water, sewer, paving and drainage permits;
(d) Building permits;
(e) Sign permits;
(f) Certificates of use and occupancy; and
(g)
Any other official action of the City and/or Miami -Dade County, Florida or other
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of Property.
(h) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to
the execution of this agreement.
(i)
All currently non -compliant physical structures or vehicles shall be removed
prior to the execution of this agreement.
(j) All (38) off -site parking spaces as shown and included in the site plan and
supplemental parking plan.
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_Opa Locka
Blvd., LLC/ Dialysis Center 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. 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. Consistencv with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
the City hereby fmds 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
7 441 Opa-Iocka - Development AgleviocW
the Act. The City may apply subsequently adopted laws or policies to the Property only
as permitted or required by the Act or as provided above or upon this agreement being
terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
15. Necessity of Complying, with Local Regulations Relative to Development Permits. In
accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be
construed as a development permit or authorization to commence Development. The
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
Law Offices of Burnadette Norris -Weeks, P.A
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
And
If to the Owners/Owners
at:
401 North Avenue of the Arts,
Ft. Lauderdale, FL 33311
441 Opa-locka Blvd LLC
c/o Gwen Morantz
441 Opa-Locka Blvd. LLC
3674 SW 161st Terrace
Miramar, FL 33027
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. Severabilitv. 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.
) 441 t )pa-locka Blvd. LLC'I - Development Agreement
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
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: day of , 20
Approved for form and legal sufficiency:
City Attorney:
OWNERS/OWNERS
Owner/Developer: 441 Opa-Locka Blvd., LLC
WITNESS:
By:
Signature Name: Dennis Stackhouse
Title: Manager
Print Name
Signature
Print Name
STATE OF VERMONT
COUNTY OF WINDSOR
The foregoing instrument acknowledges before me this day of , 2020 by
Owner/Developer, 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, Vermont State
Print Name
My Commission Expires:
11 441 ()pa lu,l.eBlvd 11 llevelupmentAgIccui ut
EXHIBIT A- PROPERTY LEGAL DESCRIPTION/SURVEY/SITE PLAN
12 441 ( )pa -0c1 a Bled LA.I:I 1)ecelopmeul AEneeIneul