HomeMy Public PortalAbout20-9775 Development Approval for the Constrution adn Operation of a Warehouse/Distrubtuon Center 12700 Le Juene RoadSponsored by: City Manager
RESOLUTION NO. 20-9775
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/DISTRUBUTION 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.
WHEREAS, the Applicant seeks to develop the Property with a
warehouse/ distribution/ commercial facility in accordance with the Commercial and
Corridor Mixed Use Overlay requirements. The applicant has prepared a site plan to
illustrate the proposed warehouse/ distribution commercial facility; and
WHEREAS, according to the City of Opa-locka's official Zoning Map, the
Property is designated B-3 (Commercial Intensive Business District) and is subject to a
Corridor Mixed -Use Overlay, which allows for an industrial/commercial mixed use,
including warehouse/ distribution facilities; and
WHEREAS, as indicated on the accompanying plans, the proposed development
would consist of four buildings containing approximately 454,909 square feet of
distribution space and 50,545 of office use. The portion of the easternmost building,
fronting Le Jeune Road, is designed to facilitate and encourage commercial
development such as tile and flooring users; and
WHEREAS, the Plans also incorporate traditional Moorish architecture to
complement the surrounding community and general design goals of the City.
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.
SECTION 2. Approval/Denial.
Approval/ Denial of Development Agreement. The Planning and Zoning Board of the
City of Opa-locka hereby approves / denies a request for Development Agreement for
1
Resolution No. 20-9775
Construction and Operation of a Warehouse/ Distribution Center on the property
located at 12700 NW Le Jeune Road identified by folio 08-2129-000-0032 in the B-3
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 June, 2020.
Matthew A. Pigatt, Mayor
ATTEST:
Jo.i a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
I
CiWiM i-r-39, Fog
Burnadette Norris- ks,A.
City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
Resolution No. 20-9775
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
SUNDAY NNE u 2020
MIAMIHENALD.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@opalockafi.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-locka
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
Finance Director:
FD Signature:
Department
City Manager:
John Pate
CM Signature:
,
7))
Commission Meeting
Date:
6-24-20
Item Type:
(EnterX in box)
Resolution
Or ' ance
Other
(i
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd
Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter X 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:
Q
Dev
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
X
MI
E]
linage =
0
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 APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A
WAREHOUSE/DISTRUBUTION 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.
Staff Summary:
The City of Opa-locka's Comprehensive Plan, Future Land Use Plan map provides that the property has
a land use designation of "Commercial" with a "Corridor Mixed Use Overlay", which allows for an
industrial/commercial mixed -use, including warehouse/distribution facilities. This property would potentially
provide a boost to the local economy by promoting job creation and economic development in an area
centrally located off a half line section line road and a major highway, State Road 924/Gratigny Parkway.
BACKGROUND
The applicant wishes to construct a 505,454 square foot warehouse distribution center at the southwest
corner of NW 42nd Avenue/Le Jeune Road and State Road 924/Gratigny Parkway, This property currently
serves as an auto action and is surrounded by commercial uses to the east of the property and industrial
uses to the north,
FINANCIAL IMPACT
When this project is completed, the City will receive approximately $558,931 of impact fees. Additionally,
it is estimated that the taxable valuation of the property will increase by approximately $51 million, which
at the current year millage rate of 9.8000 mills will provide additional ad valorem revenue of $499,800.
Finally, the property will be a 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.
1
Attachment:
PCD Staff Report- GPT NW 42nd Avenue — Development Agreement
P & Z Board Meeting Minutes 5-5-20
PLANNING MaYsth
COUNCIL 2020
WAREHOUSE/DISTRIBUTION CENTER: Developer
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
WAREHOUSE/DISTRUBUTION 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.
Staff Report
City of Opa-Iocka 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:
29 52 41 28.316 AC
BEG 35FTS OF NE COR OF SW1/4 CONT
S1232.50FT N 66 DEG W 548.72FT
N 59 DEG W 391.46FT N 56 DEG W
302.53FT N 32 DEG E 126.08FT N 57
DEG W 408.10FT S 32 DEG W 115FT
N 60 DEG W 480.02FT N 57 DEG W
201.73FT E1981.08FT TO POB
LOT SIZE 1233271 SQ FT
• The subject property is currently own by GPT NW 42nd Avenue Owner LLC. according to the Miami -Dade
County Property appraiser's website. The subject Property currently serves as an auto auction lot and the
current parcel (Folio #08-2129-000-0032) zoning designation is B-3 with the Commercial and Corridor Mixed
Use Overlay which allows for commercial and mixed use developments.
• Currently the site conditions are as follow: Auto Auction lot (see Existing Condition Section). The site is
located in the southwest corner of NW 42' Avenue/Le Jeune Road and State Road 924/Gratigny Parkway,
south of the Miami -Dade County Canal. The site is only accessible via Le Jeune Road.
SOUTH
Figure 1: Google Street View, dated:
NW 42nd Ave/Le Jeune Road
NORTH
City of Opa-locka I Planning and Community Development Department
Page 3 of 11
II. Project Details
• Applicant's intent
The applicant wishes to construct a 505,454 square foot warehouse distribution center at the southwest
corner of NW 42nd Avenue/Le Jeune Road and State Road 924/Gratigny Parkway, This property currently
serves as an auto action and is surrounded by commercial uses to the east of the property and industrial uses to
the north.
The City of Opa-locka's Comprehensive Plan, Future Land Use Plan map provides that the property
has a land use designation of "Commercial" with a "Corridor Mixed Use Overlay", which allows for an
industrial/commercial mixed -use, including warehouse/distribution facilities. This property would potentially
provide a boost to the local economy by promoting job creation and economic development in an area centrally
located off a half line section line road and a major highway, State Road 924/Gratigny Parkway.
Site Com • utations & Land Develo • ment Re. ulation / Zonin • Code
Applicant
Folio Number (s)
Address Location
Building (s) Footprint
Floor Area
Zonin
Zoning Code Consisten
Existing Land Use
Future Land Use
Designation
Comprehensive Plan
Consistency
Applicable LDR Sec
SET BACKS/ YARD
Front (Ea
Rear (North)
Si'
Corner Lots/ Other
Lot Coverage
Lot Densit
Table 1
GPT NW 42nd Avenue Owner LLC.
Opa-locka: 08-2129-000-0032
12700 NW Le Jeune Road
Total Site Area —1,233,619 SF
Office Bldg. — 50,545 SF
Warehouse Space — 454,909 SF
Parking Lot — 4,450 SF
Common Green Area — 246,724 SF
Total 505,454 SF
B-3 — Commercial Intensive / CMU — Corridor Mixed Use Overlay
The proposed use for a Warehouse Distribution Center is consistent with the B-3
Zoning Code.
Automotive Auction Lot / B-3
- The proposed use for a Warehouse Distribution Center is consistent with the
Comprehensive Plan with the requested property being B-3.
Ordinance no, 15-31, Article III Sec; 22-55; Article V Sec. 22-91, 22-112, Ord. no. 14-
16
REQUIRED
15 Feet
PROPOSED
83 Feet
COMPLIANCE
YES
15 Feet
0 Feet
NIA
NIA
N/A
7.68 Feet
N/A
0.41 %
N/A
YES
YES
N/A
YES
N/A
City of Opa-locka Planning and Community Development Department
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
Page 4of11
10,000 SF (0.23 Acres)
1,233,619 SF (28.32 YES
Acres)
N/A
6 Stories or 65 Feet whichever
Tess
N/A
4,450 SF
Office buildings: pursuant to the
Land development Regulation
Ordinance 86-8: Article 4, section
22-91. one (1) Parking per 250
square feet of floor area.
-308 spaces required
N/A
Office Building:
1 Stories/ Feet
N/A
4,450 sq. ft.
246,724 sq. ft.
Office Bldg.
50,454 SF
Parking Lot:
4,450 SF
Total Space Provided:
492 Total Spaces
36 Regular Spaces
6 Handicapped Spaces
N/A
YES
NIA
YES
YES
10% minimum required pervious 10% 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
Wednesday, February 26th, 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.
City of Opa-locka I Planning and Community Development Department
Page 5 of 11
III. Overall Analysis
Existing Conditions:
• The Subject Property is generally surrounded by commercial properties to the east and industrial uses to the north
with ingress and egress to NW 42n, Avenue/Le Jeune Road.
• Sidewalk alongside the east edge of the Property.
• Across the street from the Opa-locka Hialeah Flea Market to the east.
• Property is currently utilized for storage and sales of vehicles involved with the automotive auction operations.
South View of property (South on Le Jeune Road facing State Road 924/Gratigny Parkway)
North View of Property (North on Le Jeune Road)
View of entrance of property highlighting Moorish Structure currently on site
City of Opa-locka
Planning and Community ity Development Department
Page 6 of 11
East View of Property (Opa-Iocka-Hialeah Flea Market)
Surrounding Land Use and Zoning: Table 2
Location
North
South
East
t
Industrial
ROW
ROW
ROW
Surrounding Zoning Designation Map
The Site Is Highlighted In Image
Industrial 1-3 (Commercial Liberal)
ROW (State Road 924/Gratigny Parkway) N/A
ROW (42nd Avenue/Le Jeune Road) N/A
ROW (State Road 924/Gratigny Parkway) N/A
City of Opa-locka 'Planning ing and Community Development Department
Page 7 of 11
• 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 'Warehouse Distribution Center' is in harmony with the general
characteristic of the surrounding neighborhood: Commercial/lndustnal 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 5.7ac. (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:
■ 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-3 Commercial
District (Section 22-91).
• 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-3 (Commercial Intensive) Permitted Uses: Project Specific: Warehouse Distribution Center
- Findings:
■ According to the City's Land Development Regulation/ Zoning Code B-3 (Commercial
Industrial) allows for a Warehouse Distribution facility which is permitted within a B-3.
COMPLIES
• Community Comments/Petitions: 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 received signed petitions
submitted to the Neighboring Businesses as indicated by the Applicant.
COMPLIES
IV. Project Need Assessment 1 other Required Approvals
1. Site Plan
• Application submitted for Planning Council Meeting (this meeting) Tuesday, May 5th,
2020
City of Opa-locka I Planning and Community Development Department
Page 8of11
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
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 Warehouse Distribution 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;
City of Opa-locka I Planning and Community Development Department
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I H E R E B Y C E R T I F Y t h a t t h e r e s o l u t i o n c o n t a i n i n g t h e d e t e r m i n a t i o n o f t h i s B o a r d i s a t r u e a n d c o r r e c t c o p y a s
i s r e f l e c t e d u p o n t h e p u b l i c r e c o r d s o f t h e C i t y o f O p a - l o c k a t h i s d a y o f
C i t y o f O p a - l o c k a ' P l a n n i n g a n d C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t
Page 10of11
Chairperson or Designee
The Following changes/recommendations are updates based on the Planning and Zoning Board
Meeting discussions in regards to the proposed Warehouse Distribution Center.
City of Opa-locka I Planning and Community Development Department
City of Opa-locka Planning and Community Development Department
Record and Return to:
(enclose self-addressed stamped envelope)
Joseph G. Goldstein, Esq.
Holland & Knight LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
This Instrument Prepared by:
Law Offices of Bumadette Norris -Weeks, P.A.
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND
GPT NW 42 AVENUE OWNER, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this day
of November, 2019 ("Execution Date") by and between GPT NW 42 Avenue Owner, LLC, (the
"Owner"), with the address of 90 Park Avenue, 32 Floor, New York, NY 10016 and the City of
Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"),
with a mailing address of 780 Fisherman Street, Opa-Locka, Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 28.3 acres of land located at
12700 NW LeJeune Road, within the municipal boundaries of the City and identified by Miami -Dade
County Tax Folio No. 08-2129-000-0032 (the "Property"), the legal description of which is attached
hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number approving a
Master Site Plan lot the Proposed Development type which includes four buildings containing
approximately 454,909 square feet of distribution space and 50,545 of office use, as well as
approximately 492 surface parking spaces ("Proposed Development"); 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
, 2020, authorizes the City Manager to execute this Agreement upon the terms and conditions
set forth by the City Commission and listed below, and the Owner have authorized the Owner/Manager
to execute this Agreement upon the terms and conditions set forth by the City Commission and as listed
below; and
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises
herein set forth, the Owner and City agrees to as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed apart hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties
and thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a public hearing pursuant to Section 163.3225,
F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement between
the City and Owner.
(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, 12700 NW LeJeune Road
Project, with the address of 90 Park Avenue, 32 Floor, New York, NY 10016
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 12700 NW LeJeune Road Project 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) "Final Site Plan" means the "12700 NW LeJeune Road Project" Site Plan
approved by the City Commission via Resolution No. for
warehouse/distribution and commercial development.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is tenfifteen (415) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
Includes any improvements or structures customarily regarded as land, except as
provided herein.
(p)
(q)
"Land Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision,
building construction, or sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa-Locka
affecting the development of land in effect as of the Effective Date, including
Opa-Locka's Land Development Regulation Code, the Ordinance Number 15-31.
(r) "Parties" means the City and the Owner.
(s) "Project" is the 12700 NW LeJeune Road Project at 12700 NW LeJeune Road as
described in the plans prepared by Langan Engineering and Environmental
Services, Inc. RLC Architects, and Witkin Hults Design Group and dated
November 1, 2019, which proposes the development of four buildings containing
approximately 454,909 square feet of distribution space and 50,545 of office
use, as well as approximately 492 surface parking spaces with related employee
and guest parking.
(t)
"Property" means the approximately 28.3 acres of land located on 12700 NW
LeJeune Road, within the municipal boundaries of the City and identified by
Miami -Dade County Tax Folio No. 08-2129-000-0032 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 Numbers _- and _- approving the
Project located at 12700 NW LeJeune Road and the 12700 NW LeJeune Road
Project Development Agreement Project.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed
and implemented as a development agreement among the parties pursuant to the
Florida Local Government Development Agreement Act, Section 163.3220 through
163.3243, F.S., ("Act"), in compliance with Article V, Section 22-112 of the City of
Opa-Locka's Land Development Regulation Code, 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 Owner shall act in good faith to
carry out the intent of the Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all Parties (including the Owner) and
all persons claiming under it for an Initial Term of tenfiftcen (J-Oj) years from the
Effective Date, and may be extended in accordance with Section 252.363, F.S. or 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 Land Development
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.
(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 Project. Such items include, but are not specifically limited to:
1) Design of all physical structures, water bodies, private and public
improvements and
2) The color and dimensional characteristics of all building materials.
3) All landscaping, bay loading and parking spaces must be provided and
maintained as shown on the site plan.
(e) Owner shall preserve and maintain all buildings and structures consistent with the
Project Final Site Plan, or to cause any tenant of the Property to do so, for the
entire period in which the Owner owns the land or controls at least 51%
ownership of the Property, or controls a least 10% of any entity to which this
Agreement has been assigned, sold or otherwise transferred. Any new owner
must abide by the terms of this Agreement until the expiration of the Term of
this Agreement as provided in paragraph 6, above. In the event of a force
majeure or in the event of a casualty, the then owner has the option but is not
obligated to rebuild, provided that the Property is cleared and maintained in
accordance with City Code requirements. It is expressly understood by the
Owner that the development of a project that is not substantially in accordance
with the Final Site Plan shall require new approvals and be derivative of a
Moorish design theme in accordancewith City Code_requirements.
(f) Owner shall submit an annual report each year on or about the anniversary of
the Effective Date and shall provide additional documentation to the City as
required by the Resolution and this Agreement, to verify continuing
compliance with the Resolution and this Agreement. A copy of the City's form
of annual report is attached as Exhibit "B".
(g)
The Owner will not physically alter or substitute the design of structures,
materials and colors included in the Project Final Site Plan except as approved
by the City in the City's sole discretion. In the event that building materials or
colors are no longer available, the burden shall be on the Owner to prove that
said materials or colors are in fact unavailable.
(h) Owner agrees that the City may enter onto the Property to confirm compliance
with the terms of this Agreement.
(i) Owner agrees to use commercially reasonable efforts to employ Opa-locka
residents through the assistance of the Career Source South Florida Office (or
other similar organization as determined by City) and to encourage all
contractors retained to develop the Project, and all of their subcontractors, to
employ Opa-Locka residents through the assistance of the Career Source South
Florida office in coordination with the City of Opa-Locka and in accordance
with the Memorandum of Understanding between the City of Opa-Locka and
Career Source South Florida.
In furtherance of this commitment, Owner agrees to the following:
1) Prepare and provide the City with an outreach plan that outlines the
Owner's anticipated commercially reasonable efforts to provide
construction -related and permanent jobs to Opa-Locka residents, prior
to the issuance of the first building permit for vertical construction
within the Property ("Outreach Plan"). Said Outreach Plan, at a
minimum, shall require that local job fair(s) ("local" shall mean within
the municipal boundaries of the City of Opa-Locka; hereinafter "Local
Job Fair") be held as described herein_ and shall outline job training
opportunities within the Project.
2) Host or require its general contractor(s) to host a Local Job Fair and
provide a list of construction job openings to the City to post on the
City's website, prior to the issuance of the first building permit for
vertical construction, The general contractor shall advise the City of
any local new hires followine its Local Job Fair(s).
3) As a condition of approval of the Resolution and this Agreement that
any future tenant of the Project shall host a Local Job Fair prior to the
issuance of any final certificate of occupancy for leasable space within
the Project. In furtherance of this condition, incorporate in any leases
of space within the Project, notification to the tenant that it is required
to host a Local Job Fair, in accordance with this Agreement and the
Outreach Plan, as a condition of issuance of a final certificate of
occupancy within the Project and to provide a list of job openings that
may be available to the City to post on the City's website for
permanent/building (business) operation jobs. The tenant shall advise
the City of any local new hires following its Local Job Fair(sl
All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
The following timelines shall be complied with by the Owner of the Project.
Said entity must work immediately to seek all applicable permits immediately
upon approval of this Agreement and shall:
1) Apply for its first building permit for vertical construction within the
Property within 18 months from the execution of the Development
Agreement. The City Manager may grant a single extension of up to 6
months for good cause.
2) Must start construction: within 12 months following issuance of the
first building permit for vertical construction. The City Manager may
grant a single extension of up to 6 months for good cause.
3) Must complete all phases of the Project within 48 months following
issuance of permits. The City Manager may grant a single extension of
up to 6 months for good cause.
4) Said time -frames may be further extended in accordance with Section
252.363, Florida Statutes.
10. Development Permits. In accordance with Section 163.3227(I), F.S., the City needs to
approve the following additional development permits upon proper submission of all
requirements, and City review or inspections, in order for the Owner to develop the
Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Project 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 ofpermitting the development of
land or providing permits required for the development of Property.
(h)
(i)
Any City liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this Agreement for this Property.
All currently non -compliant physical structures or vehicles if applicable, shall
be removed prior to the execution of this Agreement.
11. Public Services and Facilities; Concurrency. In accordance with Section
163.3227(d), F.S., the City and the Owner anticipate that the Property and the Project
will be served by those public services and facilities currently in existence as provided
by the State of Florida, Miami —Dade County, the City, and/or as contemplated in the
Project Final Site Plan. The Property and the Project will also be served by all public
facilities provided in the City's Comprehensive Plan, specifically including but not
limited to, those public facilities described in the Comprehensive Plan's Capital
Improvements Element. For the purposes of concurrency, the City hereby agrees to
provide, reserve, and allocate sufficient public facility capacity, including but not
limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the
development of the Project on the Property for the period of this Agreement. The
Owner shall be bound by the City impact fees and assessments in existence as of the
Effective Date of this Agreement. Nothing in this paragraph shall relieve the Owner of
the requirement to pay impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g),
F.S., the City hereby fmds and declares that the Owner's development of the Project on
the Property complies with the Laws, ordinances, regulations and policies of the City of
Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan and Land
Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for the
Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-Locka,
including the City's Comprehensive Plan and Land Development Regulations, as of the
Effective Date of this Agreement, subject to the conditions of this Agreement. Except
as otherwise provided in the Act, the City's Laws and policies governing the
development of the Property as of the Effective Date of this Agreement shall govern the
development of the Property for the Entire Term of this Agreement unless terminated.
Development of the Property as outlined herein shall not be subject to any future
changes to the Laws of the City, including the City's Land Development Regulations
and Comprehensive Plan designation alter the Effective Date and during the Entire
Term of this Agreement, except to the extent that the Owners consent to such changes
and except as otherwise provided in the Act. The City may apply subsequently adopted
laws or policies to the Property only as permitted or required by the Act or as provided
above or upon this agreement being terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
15. Necessity of Complying. with Local Regulations Relative to Development Permits.
(a) In accordance with Section 163.3227(i), F.S., this Agreement is not
and shall not be construed as a development permit or authorization to
commence Development. The Owner and the City agree that the failure of this
Agreement to address a particular permit, condition, fee, term or restriction in
effect on the Effective Date of this Agreement shall not relieve the Owner of
the necessity of complying with any and all regulations governing said
permitting requirements, conditions, fees, terms or restrictions as long as
compliance with said regulation and requirements do not require the Owner to
develop the Property in a manner that is inconsistent with the Laws of the City
of Opa-Locka in existence as of the Effective Date.
(b) In the event that the City asserts that the terms of this Agreement are
not being complied with, then, in addition to any other remedies available to
the City, the City ' ,
may stay the effectiveness of this
Agreement,
as to the portion of the Property
associated with the alleged non-compliance. However. before staying the
effectiveness of this Agreement as to the Property or a tract or portion thereof,
and before withholding permits, inspections, or approvals throughout or upon
the entire Property based on a failure to comply with this Agreement, the City
shall send written notice containing the nature of
the purported violation;, and (i4)provide a reasonable timed within which
the Owner may correct the violation a"ll-leeured. These requirements for
notice and an opportunity to cure shall not apply and shall not be construed to
limit: (i) the City's ability to take any action to prevent or ameliorate any
immediate danger to the public health, safety, or welfare; or (ii) the City's or
the County's authority and available remedies to enforce violations of the Code
or of other applicable regulations.
16. Good Faith: Further Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with
each other in good faith to effectuate the purposes and intent of and to satisfy their
obligations under this Agreement in order to secure to themselves the mutual benefits
created under this Agreement. In that regard, the parties shall execute such further
documents as may be reasonably necessary to effectuate the provisions of this
Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or
require the exercise of the City's police power or actions of the City when acting in a
quasi—judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City at:
With a copy to:
If to the Owner at:
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
And
401 North Avenue of the Arts
Ft. Lauderdale, FL 33311
GPT NW 42 Avenue Owner, LLC
90 Park Avenue, 32 Floor
New York, NY 10016
City, State xxxxx
Attn: General Counsel
18. Governing Laws, Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida. The Owner and the
City agree that Miami -Dade County, Florida is the appropriate venue in connection
with any litigation between the parties with respect to this Agreement. All of the parties
to this Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the
parties hereto. In construing this Agreement, captions, and section and paragraph
headings shall be disregarded. All of the exhibits referenced in this Agreement are
incorporated in, and made a part of, this Agreement. In the event of any litigation
between the parties under this Agreement for a breach thereof, the prevailing party
shall be entitled to reasonable attorney's fees and court costs at all trial and appellate
levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement that are applicable to and preclude the parties' compliance
with the terms of this Agreement, such Agreement shall be modified or revoked as is
necessary to comply with the relevant state or federal laws.
19. Severability. In the event that any term or provision of this Agreement is determined
by an appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority
determines, and the remainder of this Agreement shall be construed to be in full force
and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein
and merges all prior discussions between the Owner and the City. Neither party shall be
bound by any agreement, condition, warranty or representation other than as expressly
stated in this Agreement and this Agreement may not be amended or modified except
by written instrument signed by both parties hereto and in accordance with Section
163.3225, F.S.
21. Indemniflcation. The Owner shall indemnify and hold harmless the City, its elected and
appointed officials, employees, agents and assigns from and against any claims or
litigation arising under this Agreement instituted by third parties to the extent arising as
a result of the activities of Owner at the Property or in connection with the construction
of the Project.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall
review the Property subject to this Agreement at least once every 12 months to determine
if there has been demonstrated good faith compliance with the terms of this Agreement.
If the City finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of this Agreement, this Agreement may be revoked or
modified by the City, subject to the notice and cure provision contained in paragraph
15(b), above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY
ATTEST:
Dated: day of , 2020
Approved for form and legal sufficiency:
City Attorney:
CITY OF OPA-LOCKA FLORIDA
By:
City Manager
WITNESS: OWNER:
Print Name
Signature
Print Name
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
) SS
)
GPT NW 42 Avenue Owner, LLC,
a Delaware limited liability company
By:
Name: Sonya Huffman
Title: Senior Vice President of Operations
The foregoing instrument was acknowledged before me by means off physical presence orj
online notarization, this _ day of , 2020, by Sonya Huffman, as Senior Vice President of
, and for the purposes stated herein on behalf of said corporation, who is
personally known to me or who has produced
as identification.
[NOTARIAL SEAL] Print Name:
Notary Public, State of Florida
Commission #:
My Commission Expires:
12
EXHIBIT A- PROPERTY (LEGAL DESCRIPTION)
Parcel 2:
A PORTION OF THE SW 1/4 OF SECTION 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF
INTERSECTION WITH A LINE THAT LIES 35 FEET SOUTH OF AND PARALLEL WITH
THE NORTH LINE OF THE SW 1/4 OF SAID SECTION 29 AND A LINE THAT LIES 50 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF THE SW 1/4 OF SAID SECTION 29;
THENCE RUN S. 01°53'39" E, ALONG A LINE THAT LIES 50 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE SW 1/4 OF SAID SECTION 29 FOR 1232.50
FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GRATIGNY PARKWAY,
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
OF STATE ROAD NO. 924, SECTION 87008-2504, SHEET 5; THENCE N. 66°02'04" W.,
ALONG SAID RIGHT OF WAY LINE FOR 548.72 FEET; THENCE N. 59°35'03" W., FOR
391.46 FEET; THENCE N. 56°47'32" W., FOR 302.53 FEET; THENCE N. 32°00'20" E., FOR
126.08 FEET; THENCE N. 57°59'40" W., FOR 408.10 FEET; THENCE S. 32°00'20" W., FOR
115.00 FEET; THENCE N. 60°24'28" W., FOR 480.02 FEET; THENCE N. 57°47'06" W., FOR
201.73 FEET TO A POINT THAT LIES 35.00 FEET SOUTH OF THE NORTH LINE OF THE
SW 1/4 OF SAID SECTION 29; THENCE N. 87°50' 11" E., ALONG A LINE THAT LIES 35.00
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, FOR
1,981.08 FEET TO THE POINT OF BEGINNING.
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Holland & Knight
701 Brickell Avenue, Suite 3300 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799
Holland & Knight LLP I www.hklaw.com
May 15, 2020
VIA HAND DELIVERY
Mr. Gregory Gay
Director, Planning and Community Development Department
3400 NW 135 Street, Building B
Opa-Locka, Florida 33054
Re: City of Opa-Locka (the "City") / GPT NW 42 Avenue / Development
Agreement Application ("Application") — Transmittal of Revised
Development Agreement
Dear Mr. Gay:
On behalf of GPT NW 42 Avenue (the "Applicant"), we are submitting a copy
of a revised draft development agreement ("Agreement") that address comments
received from the Planning & Community Development staff and the City
Attorney's Office.
The revised Agreement responds to the staffs suggestions, as follows:
1. Term (Paragraphs 3(n) and (6)). The Initial Term and Term provisions
have been modified to reflect a 15-Year Term.
2. Moorish Design (Paragraph 9E). In the event that the project is demolished
and new approvals are sought, language has been added to the effect that
the plans would reflect a Moorish design theme in accordance with City
requirements.
3. Job Training (Paragraph 9(i)(1)). Language regarding job training
opportunities has been added.
4. Job Reporting (Paragraphs 9(i)(2) and 9(i)(3)). Language regarding
reporting local hiring has been added.
5. Notice and Cure (Paragraph 15(b)). Paragraph 15(b) has been modified to
clarify the notice and cure provision as one of City's remedies, in the event
of alleged non-compliance with the terms of the Agreement and the City
has been added (in addition to the County) to paragraph 15(b)(ii).
6. Owner's Address (Paragraph 17). A typographical error and corrected in
relation to the owner's address.
Thank you for your considerate attention to this matter. Please do not hesitate
to contact me if you have any further questions or concerns.
Sincerely,
Holland & Knight LLP
/s/ Joseph G. Goldstein
Enclosures
Cc: Burnadette Norris -Weeks, Esq.
Pam Booker, Esq.
Mr. Gerald Lee
Mr. Corion DeLaine
Mr. Clifton Coffey
Mr. Ford Gibson
Mr. David Blount
Mr. Zoey Angulo
Alessandria San Roman, Esq.
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