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20-9815 Centerpoint Properties Trust
Sponsored by: City Manager RESOLUTION NO. 20-9815 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN AMENDMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA- LOCKA AND CENTERPOINT PROPERTIES TRUST, TO CONSTRUCT A TRACTOR TRAILER TRUCK PARKING FACILITY ON THE VACANT LOT IDENTIFIED BY FOLIO 08-2129-018-0010 AND 30-2129-018-0010 IN THE I-3 ZONING DISTRICT AND ATTACHED AS EXHIBIT "A" HERETO; PROVIDING FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to the City's Code of Ordinance and the City's Land Development Regulations, Ordinance 15-31, the City Commission has the power to approve, approve with conditions or deny any site plan review request; and WHEREAS, Centerpoint Properties Trust ("Centerpoint") presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board on June 4, 2019 and the Planning & Zoning Board recommended approval of the Development Agreement for this Site Plan by a 5 to 0 vote, pursuant to the City Code of Ordinance and the City Zoning Regulations; and WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section 22-49G 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; and WHEREAS, the City Commission adopted Resolution 19-9681 on July 24, 2019 for approval of the Development Agreement by CenterPoint Properties; and WHEREAS, Centerpoint now desires to amend the Development Agreement, specifically Section 9 (h), Section 9(o) and Section 10(f) of the Agreement which is attached as Exhibit "A". The Amendments will not change the previously approved site plan and will allow for storage of equipment and vehicles in certain parking areas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Resolution No. 20-9815 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby approves the amendments to the Development Agreement between the City of Opa-Locka and CenterPoint Properties Trust regarding the construction of a tractor trailer truck parking facility on the property located at the corner of NW 123 Street and NW 37th Avenue and identified by folio 08-2129-018-0010 and 30-2129-018-0010 in the I-3 zoning district, Opa-Locka, FL 33054, which is attached hereto as Exhibit "A" showing relevant changes. The amendment will not change the previously approved site plan and allows for storage of equipment and vehicles in certain parking areas. 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 copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 14th day of October, 2020. ST: Flores, City Clerk B a e Norris- - eks, P.A. City Attorney Matthew A. Pigatt, Mayor 2 Resolution No. 20-9815 Moved by: COMMISSIONER BASS Seconded by: COMMISSIONER BURKE VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3 AMENDED DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA, AND CENTER POINT PROPERTIES TRUST THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT is made this 14th day of OCTOBER, 2020, by and between CenterPoint Properties Trust, a Maryland real estate investment trust (the "Owner"), whose address is 1808 Swift Drive, Oak Brook, IL 60523 and the City of Opa-Locka, Florida (the "CITY"), a Florida municipal corporation. WHEREAS, the City of OPA-LOCKA ("City") entered into a Development Agreement with CenterPoint Properties Trust, a Maryland real estate investment trust ("Contractor") on October 14, 2020; and WHEREAS, the development Agreement entered into by the parties on pursuant to Resolution WHEREAS, the parties desire to specifically amend Section 9 (h) entitled "Development Conditions"; Section 9 (o) and 9 (p) entitled "Development Conditions"; and Section 10(f) entitled "Development Permits "; and WHEREAS, the City Commission desires to authorize the City Manager to execute the Amended and Restated Development Agreement between CITY and CenterPoint Properties Trust as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth herein, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. Terms not defined herein shall have the same meaning as ascribed to them in the Agreement. 2. Section 9(h) entitled "Development Conditions", shall be amended to read as follows with all other provisions of the contract remaining the same: 9(h) Owner agrees, on behalf of Owner and its successors and assigns, to limit the storage facility to lay down and outside storage area for tools, materials, equipment, and vehicles to support utility operations. Storing and temporary staging of generators, cranes, erection materials, and other construction equipment shall be permitted. The facility shall be allowed to park tractor -trailers and containers on chassis. The Owner agrees to prohibit any on -site container stacking or container storage other than on chassis. Page 1 of 3 3. Section 9 (o) and 9(p) entitled "Development Conditions", shall be amended to read as follows with all other provisions of the contract remaining the same: 9(o) Owner shall locate short-term storage of construction vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, and dump trucks, to the rear portion of the site with a minimum setback from NW 123rd Street of 150 feet. Owner shall prohibit the storage of asphalt or other raw materials such as stone, sand, or gravel. 9(p) The owner desires for the property to remain slightly and well kept and consequently also agrees to install a minimum 6' tall fence and gate that will surround the Property for security purposes and the fence will be supplemented with continuous landscaping around the perimeter of the site as shown on the site plan, especially along NW 123rd Street. 4. Section 10(f) entitled "Development Permits", shall be amended to read as follows with all other provisions of the contract remaining the same: 10 (f) Business Tax Receipt (Occupational License)/Certificates of use and occupancy for all businesses on this site; and Except as modified by this Amendment, the Development Agreement remains unmodified and in full force and effect in accordance with the terms thereof, and the CITY and OWNER hereby ratifies, confirms, and adopts the Agreement as amended herein. This Amendment was expressly contingent upon the approval of the City Commission on October 14, 2020 and shall become effective only when signed by all parties and approved by, or on behalf of by a person with delegated authority. IN WITNESS WHEREOF, CITY and CenterPoint Properties Trust, a Maryland real estate investment trust, have caused this Amendment to be executed on the date first above written. ATTEST: OPA-LOCKA CITY CLERK BY: City Clerk CITY OF OPA-LOCKA By: City Manager Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY WITNESS: B City Attorney CenterPoint Properties Trust Signature Signature Name (type or print) Name (type or print) Title Page 3 of 3 EXHIBIT A- PROPERTY TRACT A OF TENTH ADDITION TO SEABOARD INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 158, PAGE 44 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Property Folio: 08-2129-018-0010 and 30-2129-018-0010 ADOPTED DEVELOPMENT AGREEMENT I 111111 11111 11111 11111 liii) 111111111111111111 Record and Return to: (enclose self-addressed stamped envelope) Marjorie C. Howard, Esq. Richmond Breslin LLP 5215 Old Orchard Road, Suite 420 Skokie, Illinois 60077 This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 CFN 2020R0319795 OR BK 31962 Pss 566-587 (22Pss) RECORDED 06/08/2020 09:40:49 HARVEY RUVIN, CLERK OF COURT NIAl1I-OADE COUNTY, FLORIDA SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA; AND CENTERPOINT PROPERTIES TRUST THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this Ih day of November, 2019 ("Execution Date") by and between CenterPoint Properties Trust, a Maryland real estate investment trust (the "Owner"), with the address of 1808 Swift Drive, Oak Brook, IL 60523 and the City of Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"), with a mailing address of 780 Fisherman Street, Opa-Locka, Florida 33054. WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 8.40 acres of land located on NW 123 Street, partially within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2129-018-0010 and 30-2129-018-0010 (the "Property"), the legal description of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the City's Commission adopted Resolution Number 19-9680 approving a Master Site Plan lot the Proposed Development type which includes an approximately 1,775 square foot office building, as well as approximately 173 surface tractor trailer parking spaces; and WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local Government Development Agreement Act, the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and 1 WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WHEREAS, the City Commission pursuant to Resolution No. 19-9681, adopted on July 24, 2019, authorizes the City Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and listed below, and the Owner have authorized the Owner/Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and as listed below; 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, CenterPoint Properties Trust, with the address of 1808 Swift Drive, Oak Brook, IL 60523 and/or any of its respective successors, assigns, or heirs thereof. (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, 2 (i) "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the Additional Term, as defined herein. (j) "Execution Date" is the date that all parties have affixed their signatures to this Agreement. (k) "Existing Zoning" means (a) all entitlements associated with the City's approval of the CenterPoint Properties Trust at NW 123rd Street 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. (I) "Final Site Plan" means the CenterPoint Properties Trust at NW 123rd Street" Site Plan approved by the City Commission via Resolution No. 19-9680 for an office building and surface parking. (m) "Governing Body" means the City of Opa-Locka's City Commission. (n) "Initial Term" is thirty (30) years commencing on the Effective Date. (o) "Land" means the earth, water, and air, above, below, or on the surface and Includes any improvements or structures customarily regarded as land, except as provided herein. (p) (q) "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Land Development Regulation Code, the Ordinance Number 15-31. (r) "Parties" means the City and the Owner. (s) "Project" is the CenterPoint Properties Trust at NW 123`° Street facility as described in the plans prepared by Langan Engineering and dated February 14, 2019, which proposes the development of an approximately 1,775 square foot office building and 173 tractor trailer parking spaces with related employee and guest parking. (t) "Property" means the approximately 8.40 acres of land located on NW 123 Street, partially within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2129-018-0010 and 30-2129-018-0010, the legal description of which is attached hereto and made a part hereof as Exhibit "A." (u) "Public Facilities" means major capital improvements, including, but not limited to transportation, transit, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational, and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. (v) "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Numbers 19-9680 and 19-9681 approving the CenterPoint Trust at 123'd Street Site Plan and the CenterPoint Trust at NW 123'd Street 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 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 4 required by the City in accordance with Miami -Dade County permitting requirements. (b) All Public Facility improvements required by the City, by Miami -Dade County, Florida, or voluntarily proposed by the Owner to be installed by Owner shall be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project. (c) All signage shall comply with all city sign code ordinance requirements. (d) Owner will abide by and not deviate from the terms of its graphic and verbal representation submitted to the City Commission in order to receive approval of the CenterPoint Properties Trust at NW 123rd Street Site Plan. Such items include, but are not specifically limited to: • Design of all physical structures, water bodies, private and public improvements and • The color and dimensional characteristics of all building materials. • All landscaping, bay loading and parking spaces must be provided and maintained as shown on the site plan. (e) Owner guarantees to preserve and maintain all buildings and structures consistent with the CenterPoint Properties Trust at NW 123`d Street 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 August, 2049. Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. The Owner will not physically alter or substitute the design of structures, materials and colors included in the CenterPoint Properties Trust at NW 123`d Street 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, on behalf of Owner and its successors and assigns, to limit the parking facility use to the parking of tractors and trailers and will not include the parking of construction equipment and the Owner has agreed to prohibit on site any container stacking or container storage. Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. Owner agrees, on behalf of Owner and its successors and assigns, that no person shall sleep, camp, or lodge on the property at any time. 5 (k) Owner agrees to employ Opa-locka residents through the assistance of the Career Source South Florida Office (or other similar organization as determined by City) and shall also encourage all contractors 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. (1) Owner agrees: (1) To host job fairs before and during the construction phase of this development for construction jobs; (2) To encourage any tenants of the Project to host job fairs after construction for building (business) operation jobs; (m) All trash and garbage containers shall comply with all city dumpsterenclosure requirements. (n) The following timelines shall be complied with by Owner, CenterPoint Properties Trust. Said entity must work immediately to seek all applicable permits immediately upon approval of this Agreement and shall: • • Apply for building permits: within 6 months from the execution of the Development Agreement. The City Manager may grant a single 6 month extension for good cause shown. Must start construction: within 18 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause shown. Must complete project: within 24 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause (o) Owner shall prohibit the storage of construction and related vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, dump trucks, construction cranes and equipment associated with such construction and other vehicles of this type. 10. Development Permits. In accordance with Section 163.3227(1), F.S., the City needs to approve the following additional development permits upon proper submission of all requirements, and City review or inspections, in order for the Owner to develop the Project: (a) Site plan approvals; (b) Modifications to existing approvals and permits, including the CenterPoint Properties Trust at NW 123`d Street Site Plan. (c) Water, sewer, paving and drainage permits; (d) Building permits; 6 (e) Sign permits; (f) Certificates of use and occupancy; and (g) Any other official action of the City and/or Miami -Dade County, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property. (h) Any City liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this agreement for this property or any other property owned by CenterPoint Properties Trust. (i) All currently non -compliant physical structures or vehicles shall be removed prior to the execution of this agreement. 1 1. Public Services and Facilities; Concurrence. 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 CenterPoint Properties Trust at NW 123'd Street Site Plan. The Property and the Project will also be served by all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property for the period of this Agreement. The Owner shall be bound by the City impact fees and assessments in existence as of the Effective Date of this Agreement. Nothing in this paragraph shall relieve the Owner of the requirement to pay impact fees and assessments. 12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S., the City hereby finds and declares that the Owner's development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa- Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 13. Reservation of Development Riehts. 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 7 14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the Property. 15. Necessity of Complying, with Local Regulations Relative to Development Permits. In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be construed as a development permit or authorization to commence Development. The Owner and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve the Owner of the necessity of complying with any and all regulations governing said permitting requirements, conditions, fees, terms or restrictions as long as compliance with said regulation and requirements do not require the Owner to develop the Property in a manner that is inconsistent with the Laws of the City of Opa-Locka in existence as of the Effective Date. 16. Good Faith: Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the City when acting in a quasi—judicial capacity. 17. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by a recognized courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope and addressed as follows: If to the City at: With a copy to: 8 City Manager City of Opa-Locks 780 Fisherman Street Opa-Locka, Florida 33054 Law Offices of Bumadctte Norris -Weeks, P.A. City Attorney City of Opa Locka 780 Fisherman Street Opa-Locka, Florida 33054 And 401 North Avenue of the Arts Ft. Lauderdale, FL 33311 If to the Owner at: CenterPoint Properties Trust 1808 Swift Drive Oak Brook, Illinois 60523 Attn: Ed Harrington & Brian Hollings Michael P. Murphy & Rick Mathews 18. Governing Laws. Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Owner and the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this Agreement that are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. 19. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 20. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the Owner and the City. Neither party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto and in accordance with Section 163.3225, F.S. 21. Indemnification. The Owner shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising under this Agreement instituted by third parties to the extent arising as a result of the activities of Owner at the Property or in connection with the construction of the Project. 22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY ATTEST: Dated: VI day of ACC arL, 2 Approved for form an gal sufficiency: City Attorney: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 28th day of February, 2020 by John E. Pate, City Manager of the City of Opa-locka, Florida, who is personally known to me or has produced identification and acknowledged that he did execute this instrument for the purpose stated herein. My Commission Expires: Notary Public, Statd of Florida ,3hr,ne, IXiIIUL'k Print Name SHERINE M. BU1LOCx Notary Public • State of Florida Commission I GG 326479 My Comm. Expires Apr 22, 2021 Bonded through National Notary Assn. I0 OWNER CENTERPOINT PROPERTIES TRUST, WITNESS: a Maryland real estate investment trust S ign at.Sre JULIE SICKEL Print Name Signature Vl/t� Print Name Subscribedq and sworn to before me this ?/)/ day of /MT( , 2020. OFFICIAL SEAL MONICA MENDOZA BERG NOTARY PUBLIC STATE OF ILLINOIS O(MMISSION EXPIRES 04129122 II By: Name: C ae ` rp y Title: Uite Ieve opmen l icer By: Name: Title: Michael Tortorici Senior Vice President, leasurer EXHIBIT A- PROPERTY TRACT A OF TENTH ADDITION TO SEABOARD INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 158, PAGE 44 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CENTERPOINT AT NW 123RD STREET SITE PLAN SUBMISSION CITY OF OPA LOCKA MIAMI DADE COUNTY, FLORIDA SECTIONS 28 & 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST INOEA OF SHECTS ENE!? MO. DESCRIPTION PREPARED BY C-1.0 C.EO C1.0 C-.0 C.8.0 c -SD IP-1 LP -F LP -3 LPJ PH., PNa PHa COVER SHEET WIGAN OFNERAL NOTES AND SPECFICATIONS LANGAN CIVIL SITE PLAN LANGAN GRADING ENO DRAINAGE PLAN IANBAN WATER MAIN PLAN LANGAN DETAIL SHEET LANGAN LANOSCAPE PLAN ARCHITECTURAL ALLIANCE LANDSCAPE PLAN ARCHTSCTJRAI ALLIANCE LANDSCAPE PLAN AROLTI[CIURA1 ALIIMICE LANDSCAPE PLAIT ARCNRECRJRAL ALLIANCE PHOTOMETRIC PLAN YANA CONSULTANTS. INC PHOTOMETRIC PLAN TAMA CONSULTANTS, PQ PHOTOMETRIC PLAN TANA CONSULTANTS. INC ARCHITECTURAL ELEVATIONS COANEESTONE AROBRCTN LTD. LOCATION SKETCH SCALE." = 200• LEGAL DESCRIPTION. TRACTTVOF 'TENTHACOTTON TO SEABOARD INDLJBTMAL PARN' ACCORDING TO THE PLAT THENEDP 5.00.000 IN PUT GOON SSA, PAGE 4, PIGLLIC RECOINIM DY MIAAA:YIDE COUNTY PLORICA DEVELOPMENT TEAM 141r< IFraLl.11 Pr How. urea, LM.Gu.. • uTETNNEntraL.. LEW Le.. ISM Yd. WY .1.41110 dflfm •FIMACIULA Yu*, Moo IOC.. wall=""" Gf riSMRS {S..IIFE N.N L.6Yn R+OIIIGar. 011010 rt.a A. n.H LANEAN CENTERPOINT AT NW 123RD STREET RSA crouch. • Nwr�+T� _IA�T�AI�R� r.u�.sap COVER SHEET mown sr" C-1.0 row.. WAT z sf►ietN W+.r...�. ..r ..v�r ..... -..- _.. r. IO 1. 111 WIG YONI, .01 POMD 611111,111111k101 101M N Pi1SIVOS�� - ✓ ▪ te__ r( 42 F. -,t .rSw-"..'.a.lm:+ �+• 1111. 1111 ^1111 _ ., 1111. '6'�—i��'X : 11+11. �r'.i .a.ex sunammia Carl 8' 1 or ewe ewMNoe! 11 coo, Iwo full buboes, dye before Co 'Nat ublebei lotared and marked •.h.: ..w,. 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CenterPoint Development Site CenterPoint Development Site W v- I . / � !9 X II ,��j; ` pis -......_ slop- ■_ I a • —fit, I CenterPoint Development Site City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: - -�� .. �' Finance Director: FD Signature: Department -y - City Manager: John E. Pate CM Signature: Commission Meeting Date: 09-23-20 Item Type: (Enter X in box) Resolution ance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance/Resolution Reading: (Enter X in box) In 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: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X m Dev El MI Image • MI Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A Resolution of the City Commission of the City of Opa-locka, Florida, approving a modification of the Development Agreement by CenterPoint Properties Trust, to construct a tractor trailer truck parking facility on the vacant property site located at the corner of NW 123`d Street and NW 37th Avenue and identified by folios 08-2129-018-0010 and 30-2129-018-0010 in the 1-3 zoning district. Providing for approval; Providing for Scrivener's Errors: Providing for an effective date. Staff Summary: Resolution-CenterPoint Properties Trust -Brian Hollings DA 9-23-20 The Applicant, CenterPoint Properties Trust do Brian Hollings and Ronel Borner, received Site Plan Review approval from the City Commission by Resolution 19-9680 and Development Agreement approval by Resolution 19-9681 on July 24, 2019. The approved development agreement is more restrictive than what is allowed under the City's Land Development Regulations and the Applicant is now requesting a modification of the Development Agreement to allow additional uses that are permitted by the City Land Development Regulations (zoning code) which would allow CenterPoint to market this property to additional tenants and maximize the legal property usage. The Development Agreement Modifications are listed as conditions: 1. (9 (h) The Owner agrees, on behalf of Owner and its successors and assigns, to limit the storage facility to lay down and outside storage area for tools, materials, equipment, and vehicles to support utility operations. Storing and temporary staging of generators, cranes, erection materials, and other construction equipment shall be permitted. The facility shall be allowed to park tractor -trailers and containers on chassis. The Owner agrees to prohibit any on -site container stacking or container storage other than on chassis. 2. The Owner and his assigns have agreed that no person shall sleep, camp, or lodge on the property at any time. 3. The Owner agrees to employ Opa-locka residents through the assistance of the Career Source South Florida Office and shall also require all contractors and all their subcontractors to employ Opa-locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-Locka and in accordance with the Memorandum of Understanding between the City of Opa-Locka and Career Source. 4. The Owner agreed: (a) To host job fairs before and during the construction phase of this development for construction jobs; (b) To host job fairs after construction for building (business) operation jobs; 5. The Owner/Developer shall locate short-term storage of construction vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, and dump trucks to the rear portion of the site with a minimum setback from NW 123rd Street of 150'. Owner shall Resolution-CenterPoint Properties Trust -Brian Hollings DA 9-23-20 prohibit the storage of asphalt or other raw materials such as stone, sand, or gravel. Will prohibit the storage of construction and related vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, dump trucks, construction cranes and equipment associated with such construction and other vehicles of this type. 6. The Owner /developer shall ensure that a Business Tax Receipt (Occupational License) and Certificate of Use (COU) is obtained for all operations onthis site. Background CenterPoint Properties Trust do Brian Hollings, through their Engineer & Project Manager, Michael Carr, P.E. of Langan Engineering & Environmental Services presented two requests to Planning & Community Development Department Staff to be forwarded to the Planning & Zoning Board for their review and approval recommendation. The first request was for site plan review and approval recommendation to construct a tractor trailer truck parking facility which would include an office building and a designated area for employee parking at the site identified by folios 08-2129-018-0010 and 30-2129-018-0010 in the 1-2 zoning district. The second request was for review and approval recommendation of the development agreement governing the site plan at the site identified by the aforementioned folios in the 1-2 zoning district in accordance with the City Zoning Code, Ordinance 15-31. to According Miami -Dade County Property Appraiser's website, the subject Properties legal descriptions are as follow: 08-2129-018-0010 10TH ADDN TO SEABOARD IND PARK PB 158-44, TR A LESS BEG SE COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135 88F SO1 DEG E 1064.81 FT TO POB; LOT SIZE 337,304 SO FT FAU 30 2129 018 0010 OR 22784-2048 1004 2 30-2129-018-0010 10TH ADDN TO SEABOARD IND PARK PB 158-44 T-21001 PORT OF TR A DESC BEG SE COR Resolution-CenterPoint Properties Trust -Brian Hollings DA 9-23-20 OF TR A IN SEC 28 TH S 87 DEG W 25 FT N 01 DEG E 1064-.81 FT TO POB; LOT SIZE 28,861 SQ FT FAU 30 3133 001 0040 OR 22784-2048 1004-2 The subject properties are currently owned by Franmar Properties of South Florida, LLC according to the Miami -Dade County Property appraiser's website. The subject Properties are considered to be virgin land because they were never developed prior to this proposed development which explains the reason why there is not a physical mailing address yet assigned for the subject property. The larger of the two parcels, 337,304 sq ft„ is located in the City of Opa-locka while the smaller parcel, 28,861 sq. ft. is located in unincorporated Miami -Dade County as highlighted in red. (see attached picture) The combined properties are approximately 366,165 square feet or 8.40 acres. The site is only accessible via a county road at its most southern edge which provides for ingress and egress, and is immediately adjacent to the most western point of NW 123rd Street. That street going eastwardly provides the vehicular path from and to the subject Property with NW 36th Avenue and the major arterial road, NW 32' Avenue. Currently the site conditions are as follow: trees, overgrown grass, shrubberies, and various types of vegetation. The site is located immediately adjacent to the main railroad, railroad spurs and easements at its west, north and east edge. The proposed development use for tractor -trailer parking and storage facility including an 1800 square foot office space is in harmony with the general characteristics of the surrounding neighborhood for industrial uses which includes major and minor manufacturing, various product distribution, wholesale storage, fleet operations, etc., and product storage. The site plan provides that for this approximately 366,165 square feet or 8.40 acres combined site that the applicant is proposing to remove all of the invasive Austrailian Pines trees on the property and replacing them with other native trees as listed in the site plan. This site plan request is in conformance with City Land Development Regulation 15-31. Proposed Action: Staff has recommended approval of this Request. Attachment: Modification Request- Application Package & Letter of Intent Amended Development Agreement Resolution 19-9681 DRAFT Resolution Resolution-CenterPoint Properties Trust -Brian Hollings DA 9-23-20 Page 1 of 5 " THE GREAT CITY " O;(1/f% gairida Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: $ 500.00 New Fees as of October I, 2015 FY 2020-2021 Meetine Dates 1st Tuesday of Each Month) October 6, 2020 November 3, 2020 December I , 2020 January 5, 2021 February 2, 2021 March 2, 2021 April 6, 2021 May 4, 2021 June 1, 2021 July 6, 2021 August 3, 2021 September 7, 2021 Date Application Found Sufficient August 21, 2020 September 18, 2020 October 16, 2020 November 20, 2020 December 18, 2020 January 15, 2021 February 19, 2021 March 19, 2021 April 16, 2021 May 21, 2021 June 18, 2021 July 23, 2021 1. All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning & Zoning Board application, with the required documents and fees totaling (as established by ordinance), paid by check or money order to the City of Opa-locka. Failure to submit all documents and fees will result in your case not being scheduled to be heard at a meeting. 2. If the applicant seeking to appear before the Planning & Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. 3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M. (lime and location are subject to change. please check with the Planning and Community Development Department for exact time and location of the meetings). 4. Application package must include all required documents per checklist and fees of The City of Opa-locka. The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon finding of sufficiency. 5. You are required to complete and return this application along with all the information and documentation (see page 2 check list) requested to the: City of Opa-locka Planning & Community Development Department 780 Fishermen Street 4'h floor Opa-locka, FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 I and Development Regulations/ Zoning Code Ordinance 15-31 Page 2 of 5 " THE GREAT CITY " otif/ ; �� OPA—(4CMGUJ PLANNING & ZONING BOARD APPLICATION Received: By: Date: APPLICATION NUMBER: CHECK NUMBER: 3S .(40 DATE RECEIVED: 461 MIA PROPERTY OWNER'S NAME: CenterPoint Properties Trust PROPERTY OWNER'S ADDRESS: 1808 Swift Drive Oak Brook IL, 60523 APPLICANT'S NAME: Number/Street City State/Zip Code Brian C. Hollings APPLICANT'S ADDRESS: 1808 Swift Drive Oak Brook IL, 60523 Number/Street City State/Zip Code PHONE NUMBER: OFFICE 757-630-7474 HOME OTHER 757-630-7474 SUBJECT PROPERTY ADDRESS: Number/Street TAX FOLIO NUMBER: 08-2129-018-0010/30-2129-018-0010 PRESENT ZONING: 1-3 Liberal Industrial LEGAL DESCRIPTION: Tract A - PB 158. Page 44 3705 NW 123rd Street, Opa Locka FL 33167 Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: Small Scale. _Large Scale (please specifp npe of amendment below) Rezoning Drainage Plan Fill Permit Request Preliminary Site Plan Review Final Site Plan Review Conditional Use Permit — No Plans Conditional Use Permit — With Plans Special Exception — No Plans Special Exception — With Plans Development Agreement Restrictive Covenant XOther — Please specify: Amendment of Development Agreement, specifically Section 9(h), Section 9(o) and Section 10(f) Add any additional information that may be of importance to this request: Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Page 3 of 5 PLANNING & ZONING BOARD APPLICATION (Checklist) Received: By: Date: Applications will not be accepted without the following data. For a public hearing, all items below are necessary and must be submitted. X Completed application form X Application fee payable to the City of Opa-locka by check or money order X Copy of property owner's and/or applicant's driver license/photo I.D. & Incorporation Documents (Inc., LLC....) X Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized) N/A A completed Neighborhood Petition form (attached) with the signature of each property owner in front, in the rear, to the left and to the right of the subject property, indicating his or her support for the proposed project. (Must include name, address, folio and phone number). X All preliminary and final site plans, along with property survey, signed and notarized application(s) must be submitted on flash drive in PDF format. N/A Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches). (The submitted property survey must not exceed a maximum of two (2) years from date created in order to be considered acceptable by the City of Opa-ks ka) N/A Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance: (size 36 x 24 & at least 7 Sealed Copies N/A Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) X Narrative concept must be submitted with application I, Mike Tortorici understand that this a Signature t» Id‘'cit9V AFFIDAVIT being fir duly worn, depose and say that I am the OWNER of the property ,and I and accurate before a public hearing can be advertised. Date Sworn to and subscribed before me: This / 2 day of AlLtctsT , Zm2e Notary Public Attach copy of identification Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code Ordinance 15-31 My commission expires Page 4 of 5 PLANNING & ZONING BOARD APPLICATION POWER OF ATTORNEY Received: By: Date: This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted. To: From: City of Opa-locka CenterPoint Properties Trust Subject: 1 Power of Attorney (authorization for a person. other than the property owner, to speak in the property owner's behalf). Mike Tortorici , being first duly sworn, depose and say that 1 am the owner of the property legally described as: Folio #08-2129-018-0010 Folio #30-2129-018-0010 I do give to Brian C. Hollings / Michael Carr behalf in reference to the above described property. authorize Brian C. Hollings / Ronel Borner Administration in piSLh half. I w all final Signature e)a-z Date Sworn to and subscribed before me: the power of Attorney and authority to speak in my Further, by affixing my notarized signature to this document, 1 also to negotiate and commit to the City Commission and City determinations of the City Commission and City Administration. This /27H day of AZOZIS7 20 2-0 Notary Public Reference to Ordinance 15- 13 Land Development Regulations/ Zoning Code Ordinance 15-31 My commission expi CenterPoi nt centerpoint.com August 4, 2020 VIA EMAIL Mr. Gregory Gay Director, Planning and Community Development Dept. City of Opa Locka Telephone: (305) 953-2868 Email: ggay(dopalockafl.gov RE: MODIFICATION TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA; AND CENTERPOINT PROPERTIES TRUST 3705 NW 123RD ST, OPA LOCKA FL 33167 Dear Mr. Gay: Please accept this letter as our request to amend the development conditions related to the Development Agreement (the "Agreement" between the City of Opa-Locka, Florida (the "City") and CenterPoint Properties Trust ("CenterPoint") for the Property located at 3705 NW 123rd ST, Opa-Locka, FL 33167 (the "Property"). Currently, the uses permitted under the Agreement are significantly more restrictive than what is allowed under City Zoning regulations. The restrictions in the Agreement limit the types of tenants that CenterPoint can target and accommodate. Given the unprecedented economic conditions and the resulting shift in consumer preferences, the pool of potential tenants whose uses meet the Agreement's restrictions has decreased significantly. For that reason, we are respectfully requesting to modify the uses permitted under Section 9 of the Agreement to allow CenterPoint to market to additional tenants and to realize the full beneficial use of the Property site. The modifications CenterPoint is requesting are consistent with the uses already permitted surrounding the Property, which includes major and minor manufacturing, product distribution, wholesale storage, fleet operations, and product storage. Specifically, the Property is surrounded on three sides by railway lines and spurs. To the south of the Property is additional industrial land, and the Property is in an area of the City (and adjacent to Miami - Dade County) that is exclusively industrial. Accordingly, the modifications requested below do not negatively impact the Property nor its surroundings. Attachment A provides an aerial view of the surrounding land for context. 1808 Swift Drive I Oak Brook, IL 60523-1501 I 630.586.8000 phone I 630.586.8010 fax centerpoint.com I. Modification Requests a. Development Conditions - Section 9 (h) Section 9 (h) limits the parking facility use on the Property to the parking of tractors and trailers and prohibits the parking of construction equipment. The Property is zoned 1-2 or "Liberal Industrial" under the terms of the City Code. As its name implies, the Liberal Industrial zoning designation permits a wide range of the more intense industrial uses. To best utilize the Property and to enable CenterPoint to market to potential new tenants, CenterPoint is proposing to delete Section 9(h) in its entirety and substitute for the following: Owner agrees, on behalf of Owner and its successors and assigns, to limit the storage facility to lay down and outside storage area for tools, materials, equipment, and vehicles to support utility operations. Storing and temporary staging of generators, cranes, erection materials, and other construction equipment shall be permitted. The facility shall be allowed to park tractor -trailers and containers on chassis. The Owner agrees to prohibit any on -site container stacking or container storage other than on chassis. b. Development Conditions - Section 9 (o) Section 9 (o) prohibits the storage of construction and related vehicles; however, as mentioned above, City Zoning regulations allow for more intense industrial uses, including "open lot" uses, such as rock pits and cement manufacturing uses. To utilize the Property at a higher potential (within the City's zoning restrictions) CenterPoint is proposing to delete Section 9(o) in its entirety and substitute for the following: Owner shall locate short-term storage of construction vehicles, including bulldozers, wheel loaders, excavators, backhoe loaders, and dump trucks to the rear portion of the site with a minimum setback from NW 123rd street of 150'. Owner shall prohibit the storage of asphalt or other raw materials such as stone, sand, or gravel. II. Owner Concessions While the surrounding properties are exclusively industrial, CenterPoint recognizes and appreciates the City's desire for the Property to remain sightly and well -kept. In response to potential City concerns regarding aesthetics, CenterPoint is willing to impose the following additional site conditions: • A fence and gate will surround the Property for security purposes. The fence will be supplemented with continuous landscaping around the perimeter of the site. Attachment B includes a site plan demonstrating concept landscaping and fencing that visually obscures the Property and maintains a sightly and orderly appearance. • Owner shall provide a 6' -0" chain link fence with slats adjacent to NW 123`d Street along with extensive landscaping at the islands located along NW 123`d street to assist in the visual appearance of the Property along the street frontage. III.Conclusion In sum, the current economic climate has resulted in a significant shift in consumer demand, which has limited the pool of potential tenants whose uses fit the current restrictive conditions of the Development Agreement. For this reason, we are requesting modifications to Sections 9 (h) and 9 (o) of the Development Agreement to allow CenterPoint to target and accommodate a broader pool of applicants. The proposed modifications are consistent with underlying zoning regulations and are in harmony with the industrial uses of the surrounding neighborhood. We look forward to discussing the merits of our requested modifications with you further. Please do not hesitate to contact us should you have any further questions or concerns. Regards, Ronel Borner Senior Vice President CenterPoint Properties Attachments: I. Aerial Surroundings (Attachment A) 2. Site Plan (Attachment B) Cc: Gerald J. Lee, gjlee@OpaLockafl.gov etCenterPoint ©CORNERSTONE ARCHITECTS LID 2020 PROPOSED CONTAINER YARD MIAMI FTAnr COUNTY. FLORIDA TUNE ?4.21121) s14102 Cornerstone Architects ud BUILDING PERMIT APPLICATION BUILDING DEPARTMENT 3400 NW 135th St., BuiIcing B Opa-Locka, Florida 33054 Tel: (305) 953.2827 Fax: (305) 953-2897 " THE GREAT CITY " APA-t'.s®C{f1A PERMIT TYPE (Circle) BUILDING MECHANICAL WALL/FENCE OTHER southernpermittingeattnet SIGN PAVING PERMIT NO. 1-D✓`-' DATE ISSUED: CASH RECEIPT NO. CASH or CHECK NO. ROOFING FIELD INSPECTION Owner CenterPoint Properties Tel No 757.630-7474 Mail Address 1808 Swift Drive, Oak Brook IL 60523 Bldg Conic ANF Group Tel No 954-693-9900 Mail Actrims 2700 Davie Road, Davie FL 33314 AXthitect Cornerstone Architects Engineer Langan Engineers Tax folio no 08.2129-018-0010130-2129-018-010 LEGAL DESCRIPTION OF JOB: Lot No. 131k FOR OFFICE USE Qi`ILY ZONING VF.D D DENIED 1131APUBLIC WORKS jjjj PLUMBING ELECIRICAL MECHANICAL STRUCTURAL L 1 ' 2..7 -2,o BUILDING , g'dG `% • 2-1 .2,0 Subdivision PB & Page No Strict Address of Job 3705 NW 123rd Street Lot Size 8.407 AC Survey Attached Attached Present Use I HEREBY MAKE APPLICATION FOR PERMITTO: ERECT lEl ALTER U DEMOLISH:1 ADD O REPAIR C REMOVE ❑ REMODEL 0 ROOF 0 FENCE O SIGN A 1 STORY RESIDENTTALD INDUSTRIAL® Vacant Land s FOR THE FOLLOWING USE AND OCCUPANCY SQJLIN. FT 366,340 SF ESTIMATED COST See attached I understand that in signing this application, I am responsible for the supervitciat and completion of the construction in aetordance with Cite peens and spoificatiiips.a• . for compliance with all City, Feder tats. and , . • ty laws oNLv PRINT NAME CONTRACTOR (QUALIFIER) on ovoadt•buII .5 CGC4024773 Q1JA1.IP1ttR•S LICENSE NUMBER NOT •' a WARNING TO OWNER: YOU MUST REC NOTICE OF COMMENCEMEN-r. FAILU SO MAY RESULT IN YOUR PAYING TWIGS SEEING IMPROVEMENTS TO YOUR PR IF YOU INTEND TO OBTAIN FINANCING SUIT WITH YOUR LENDER OR AN AT '0 BEFORE RECORDING YOUR COMMENC ESTIMATED VALUE FEE, A) Principal Bldg ❑& C4Stirr414k.ay L-'f/c )Lt 2.. Accessory Bldg 0 fi;y,L[�G -" Screen Enc , D ter'' -�' 1, 3i6 • Y2 D /5-6.4),:i 6 it. 3`�5 Fuscc ❑Sty. - 4" jd /Sa y 2 ti , c ;•1(0 Pool l /77 L17lj Paving O Soakage Pit 0 Roofing O Public Works _ O Building ❑ Other ❑ Field Inspection_ 0 CC Fee TOTAL BLDG VALUE & ISS ., BY: — DATE 7- L7 74TeLF;i� s3�•SclGµ SE ...r� ( clv &S4,., 14 Jo i6 2. • 24 47a- -MA id46 X13!- LLVoLi I, /10,•v 1:F : 3.; ,/Certification is required for finished floor elevation prior to Certificate of Occupancy. CONTRACTOR'S NUMBER CGC #024773 QUALIFIER'S NAME Alberto Fernandez QUALIFIER'S ADDRESS 2700 Davie Road CITY Davie STATE FL ZIP CODE 33314 TEL. NO 95449 9900 cl Ey OF OPA-LOCKA BUILDING DEPARTMENT BUILDING PERMIT AND NSPECTION RECORD 2P1os [I SINGLE STOP ;.ALL TRADES) PERMIT 149". ESS B OATE ISSUED: fig LEGAL Olgq)01/9 courciejedi Yin9 OWNER CONTRACTOR INSPECTIONS SETBACK & YARDS TRENCH & FORMS REINFORCING STEEL O.K TO POUR FOOTINGS DO NOT POUR FOOTINGS UNTIL ABOVE IS APPROVED HEAT AIR COND. RE. FRIG., GROUNDWORK ELECTRICAL GROUNDWORK PLUMBING GROUNDWORK GAS PIPING GROUNDWORK DO NOT POUR CONCRETE FLOOR SLAB OR COVER FIRST FLOOR JOISTS UNTIL ANY WORK LISTED ABOVE IS APPROVED FIRST FLOOR SLAB DO NO WORK ABOVE FIRST FLOOR UNTIL AS - BUILT ELEV. SURVEY SUBMITTED IF REQUIRED. ELEV. SURVEY TIE BEAM INSPECTORS WILL NOTE BELOW ANY MAJOR ITEMS INSPECTED BUT NOT LISTED ABOVE MEC" ELEC PLBG JTHER INSPECTIONS APPROVED BY DATE ROUGH ELECTRICAL, PLUMBING & MECHANICAL DO NOT CALL FOR FRAMING INSPECTION UNTIL APPROVALS HAVE BEEN OK'ED BELOW. ROUGH ELECTRIC PLUMBING TOP OUT PLUMBING TUB & WATER PIPE ROUGH HEAT, AIR COND. OR REFRIG. ROUGH GAS PIPING FRAMING AND ROOF FRAMING DO NOT COVER ABOVE ITEMS UNTIL APPROVED TIN CAP SOAKAGE PIT WELLS SEWER, SEPTIC TANK FIR FINAL (COMMERCIAL ONLY) (Fop ARE INSPECT ON CALL 7167624) FINAL GAS FINAL ELECTRIC FINAL PLUMBING FINAL HEAT, AIR COND. OR REFRIG. FINAL ROOF Nor. M T COPTROt Fl,A_ (CAUL DADE COUNTY DERM) FINAL BUILDING INSPECTION FOR INSPECTION: MASTER BLDG PERMIT # Z4X*oc54 TRADE PERMIT NUMBER PZ YHEGR (qt!1 9p:� J:_Gvr 3ifr NS'µE-1fa?..u�� �- „ SHE CY rr,d r�d�' )5'1 gF 00 xE { y 0t 6.c. POO x 73 i 044' 'PE y. :L1rdGL[R.T.73ff.7,..... A Rtl?i?IG7i>Tlinurrirmi cal . .. .. a. r :.dte _ CenterPoirt Properties Trust 1908 Swift Drive Oak Brook, IL 60523 Bank of America 540 W Madison St - 16th Floor Chicago, IL 60661 DATE 2-31710 IL CHECK NC. AMOUNT 07/30/2020 287325 $102,534.33" '*** ONE HUNDRED TWO THOUSAND FIVE HUNDRED THIRTY FOUR AND 33/100 DOLLARS ?AY TC THE ORDER OF CITY OF OPA LOCKA, COMMUNITY DEVELOPMENT 780 FISHERMAN STREET 4TH FLOOR OPA LOCKA, FL 33054 it' 287325ii' CenterPoirt Properties Trust 1808 Swift Drive Oak Brook, IL 60523 ':0? L0000391: a L88095955+1' Bank of America 540 W Madison St - 16th Floor Chicago, IL 60661 DATE 07/30/2020 CHECK NO. 287324 2.3 /710 IL AMOUNT $164,249.00* **** ONE HUNDRED SIXTY FOUR THOUSAND TWO HUNDRED FORTY NINE AND 00/100 DOLLARS PAY TO THE CEDER CF CITY OF OPA LOCKA, COMMUNITY DEVELOPMENT 780 FISHERMAN STREET 4TH FLOOR CPA LOCKA, FL 33054 ^r' 7tL i1LT#ii3 TTIUMFiUi ^mmTTr<iI-1 rAl.'ZCT4DtrimStiPF;.°i=:.- II' 2873241' 1:0? 10000 391: 8 /8809 S9 S Sll. 8�l Received of ggiowaha Address ?i/_c- 11\) 1213 /4)-A)/' ./Z)f&-42 Building / Occupational License Dept. 780 FISHERMAN STREET, 4TH FLOOR OPA•LOCKA. FLORIDA 33054 MAKE ALL CHECKS PAYABLE TO: CITY OF OPA-LOCKA, FLORIDA CUSTOMER RECEIPT N° B 53845 OCC $ PEN EP Fl N CO 2_1•&•,77, 33 MECH XER TOTAL PAID $ %�7t7 CHECK MONEY ORDER # Z� CLERK I CASHIER WHITE • Cussomer Copy YELLOW & PINK - Finance Copy GREEN & GOLDENROD - Eildp-/L;cense Copy Memorandum TO: Esin Abia, Building Official/Director Building & License Department Gregory Gay Director Planning & Community Development Department FROM: Gerald Lee, Zoning Official/Planner Planning & Community Development DATE: June 26, 2020 RE: Proposed Impact Fees for CenterPoint Properties Trust The Impact Fee Ordinance Numbers 15-21, 15-22, 15-23, and 15-24 applies to the construction of this Office, warehouse and vehicle loading and unloading area at the vacant property identified by folio 08-2129-018-0010 Opa-locka, FL 33054 in the i-3 Zoning District. The impact fees for this project are calculated according to the ordinances listed above. The calculations are as follows: WATER IMPACT FEE $ 11,512.00 SEWER IMPACT FEE $ 10,208.00 ROAD DRAINAGE IMPACT FEE $ 142,235.00 PUBLIC SAFETY IMPACT FEE $ 295.00 PARK IMPACT FEE $ 00.00 TOTAL $ 164,249.00 Impact Fees: CenterPoint Properties Trust