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HomeMy Public PortalAbout22-9953 - Prologis Development AgreementSponsored by: City Manager RESOLUTION NO. 22-9953 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE/DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129- 000-0061 IN THE I-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Prologis Logistics Services Incorporated intends to re- develop this site into a new warehouse distribution and office building in the west section of the City of Opa-Locka ("City"); and WHEREAS, the Project will consist of the demolition of the current building and the new construction and operation of an industrial warehouse/ distribution and office development building located at 12805 LeJeune Road, Opa-Locka, Florida and identified by folio 08-2129-000-0061 in the I-3 Zoning District; and WHEREAS, the development will also include 248 car parking spaces, 64 tractor - trailer parking spaces, 219 new assorted trees, 3,601 shrub plants and 139,640 square feet of landscaped open space; and WHEREAS, the request for site plan approval meets the review criteria set forth in the Land Development Regulations, Section 22-55 H; and WHEREAS, the redevelopment of this site is intended to provide a current Class - A, 247,174 square foot industrial warehouse/ distribution space with 24,717 square feet of office space to attract quality logistics and distribution tenants to the City of Opa- Locka. 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. Resolution No. 22-9953 SECTION 2. Approval/Denial. Approval of Development Agreement Review. The City Commission of the City of Opa-Locka hereby approves a request for the Development Agreement review for the Construction and Operation of an industrial warehouse/ distribution & office space development building located at 12805 LeJeune Road and identified by folio 08-2129-000-0061 in the I-3 Zoning District. A copy of the approved Development Agreement is attached hereto and incorporated herein as Exhibit „A„ 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 12th day of a ary, 2022. Veronica J. Wil isms, Mayor ATTEST: Jo a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burna e Norri's- eeks, P.A. City Attorney 2 Resolution No. 22-9953 Moved by: Commissioner Bass Seconded by: Commissioner Taylor VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice Mayor Taylor YES Mayor Williams YES 3 14NW I NEIGHBORS I 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 the Regular Commission Meeting on Wednesday, December 8, 2021 at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption: SECOND READING ORDINANCE/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DESIGNATING CURTISS DRIVE FROM SULTAN AVENUE TO HAREM AVENUE AS COMMISSIONER ALVIN BURKE DRIVE; PROVIDING FOR A REPEALER; SEVERABILITY AND EFFECTIVE DATE (first reading/public hearing held on November 10, 2021). RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE/ DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08.2129.000-0061 IN THE 1.3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE /DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REVIEW FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. All interested persons are encouraged to participate and will be heard with respect to the public hearing. Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opalockafl.gov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafloov no later than 7:00 p.m. on Wednesday, December 8, 2021. 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 not later than five (5) days prior to the proceeding. If hearing impaired, you maytelephone 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 I SUNDAY NOVEMBER 28 2021 CITY OF OPA-LOCKA NOTICE OF OPA-LOCKA CITY COMMISSION VACANCY The City of Opa-locka (the "City") is seeking to fill a vacancy in the City Commission resulting from the resignation of Mayor Matthew A. Pigatt on November 10, 2021. At the November 17, 2021 Special Commission Meeting, the City Commission directed the City Clerk to issue a Notice of City Commission Vacancy to provide an opportunity for all interested individuals to apply for consideration. Pursuant to City Charter Section 2.7(c), the City Commission has 30 calendar days following the occurrence of the vacancy to fill the vacant City Commission position. In accordance with City Charter Section 5.1, each applicant shall be a qualified elector of the City residing in the City for more than 365 days prior to the date of application. The individual appointed to the City Commission will serve until November 2022. In order to be considered for appointment, applicants must submit the following: • A completed application, which is available at the Office of the City Clerk, or on the City's website (www.opalockafl.gov); • Letter of interest (please limit to not more than one page); • Current resume; • City of Opa-locka Oath The Office of the City Clerk will compile the applications to fill the City Commission vacancy. Applications can be submitted via: • Hand delivery to the Office of the City Clerk at Opa-locka City Hall, 780 Fisherman Street, 4'" Floor, Opa-locka, FL 33054; or • Email to jflores@opalockafl.gov The deadline to apply is 4:00 p.m. on Friday, December 3, 2021. The City Commission will consider qualified applicants to fill the vacant City Commission seat at the Regular Commission Meeting on Wednesday, December 8, 2021 at 7:00 p.m., in the City Commission Chambers, 215 Perviz Avenue, Opa-locka, FL 33054. All applicants and interested parties are encouraged to attend. Applications forms for appointment to the City Commission are available at www.opalockafl.gov. For more information, please contact the Office of the City Clerk at 305.953.2800 or by email at jflores@opalockafl.gov. Joanna Flores, City Clerk City of Opa-locka 12NW I NEIGHBORS I I SUNDAY JANUARY 2 2022 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 the Regular Commission Meeting on Wednesday, January 12, 2022 at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locks, Florida, to consider the following items for final adoption: SECOND READING ORDINANCES/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, 2021 AND ENDING SEPTEMBER 30, 2022, 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 December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 OF THE CITY'S CODE OF ORDINANCES ENTITLED "HISTORIC ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH MINIMUM STANDARDS FOR MUNICIPAL HISTORIC PRESERVATION PROGRAMS AS SET FORTH IN THE MIAMI-DADE COUNTY HISTORIC PRESERVATION ORDINANCE SECTION 16A-3.1; PROVIDING FOR BOARD ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES AND RESPONSIBILITIES; SCOPE OF REGULATIONS; DEFINITIONS; ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS; SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES; DEMOLITION PROCESS AND PROCEDURES; PROCEDURES FOR MAINTENANCE OF DESIGNATED PROPERTIES; CERTIFICATE TO DIG PROCEDURES; AN APPEALS PROCESS; PENALTIES AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-04, FOR THE ALI-BABA NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 45 ACRES, BOUNDED ON THE EAST BY N.W. 17T" AVENUE, ON THE WEST BY N.W. 22M° AVENUE, ON THE NORTH BY N.W. 151sT STREET, AND ON THE SOUTH BY N.W. ALI BABA AVENUE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-11, FOR THE EAST -WEST SAFE NEIGHBORHOOD DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 100 ACRES, BOUNDED ON THE EAST BY N.W. 17TM AVENUE, ON THE WEST BY N.W. 22X0 AVENUE, ON THE NORTH BY N.W. 141°T STREET, AND ON THE SOUTH BY N.W. 135TM STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-05, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE THE MOORISH REVIVAL STYLE DESIGN HANDBOOK; PROVIDING FOR DEFINITIONS, PERMIT AND SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION 22-101, CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES; PROVIDING FOR DEVELOPMENT CRITERIA; PROVIDING FOR SPECIAL PERMIT REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION 22-102, CREATING THE OPA-LOCKA INNOVATION DISTRICT, PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES, PROVIDING FOR DEVELOPMENT REGULATIONS AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021). RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000.0061 IN THE 1.3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REVIEW FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. All interested persons are encouraged to participate and will be heard with respect to the public hearings. Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opaiockafl,gov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafl.gov no later than 7:00 p.m. on Wednesday, January 12, 2022. 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 not later than five (5) 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 mason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal maybe based. Joanna Flores, CMC City Clerk City of Opa-locka City of Opa-locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: ��y`' c / City Manager: John E. Pate CM Signature c Commission Meeting Date: December 8, 2021 Item Type: (EnterXin box) Resolution Ordin n Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1st Reading 2m1 Reading X Public Hearing: (EnterXin box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact section below Advertising Requirement: (Enter X in box) Yes No ILA Required: (EnterXin box) Yes No RFP/RFQ/Bid#: 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 NI • Image ❑ • Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE I-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The subject property is currently owned by Prologis Logistics Services C/O Prologis Inc Incorporated according to Miami -Dade County Property appraiser's website. The subject Property is not being used by any business and is currently vacant. The applicant's submitted building permit has been approved by the City for the demolition of the current warehouse structure. The 635,714 square foot (14.59 acre) property site is identified by Folio 08-2129-000- 0061 in the I-3 Liberal Industrial zoning district and is also within the Corridor Mixed -Use Overlay. This development is located in the southeast area of NW 42nd Avenue/Le Jeune Road just north of NW 128th Street. This site is only accessible via Le Jeune Road. The applicant, Prologis Logistics Services c/o Prologis Inc Incorporated has submitted applications for site plan review, a variance request review and for development agreement review concerning the construction and operation of an industrial warehouse/distribution & office space development on this site. As indicated on the site plan, this development meets all of the applicable zoning standards in compliance with the City Land Development Regulations except the dimension of the parking spaces for tenant users, their employees and visitors. The applicant has requested a variance for parking space dimension reduction which will not reduce parking space dimension for tractor trailer spaces or for Americans with Disabilities Act (ADA) disabled parking spaces. The proposed development provides for a Class A, 247,174 square foot industrial warehouse / distribution space with 24,717 square feet of office space to attract quality logistics and distribution tenants to the City of Opa-locka. The development will also provide for 248 tenant, employee, office and visitor parking spaces, 64 tractor -trailer parking spaces, 219 assorted trees, 3,601 shrub plants, and 139,640 square feet of landscaped open space. This development agreement request was reviewed by the Planning & Zoning Board on October 5, 2021. The Planning & Zoning Board recommended approval of this request by a 5-0 vote after presentation and discussion. Financial Impact The development of a new industrial warehouse/distribution and office building will attract quality logistics and distribution tenants to the City of Opa-locka. The financial impact will be through new construction, permitting, impact fees and employment during construction and for the operation after construction. Proposed Action: Staff has recommended approval of this request. Attachment: Draft Resolution PZAB Application PZAB Meeting Minutes 10-05-21 Development Agreement Draft Site Plan Page 1 of 5 THE GREAT CITY pa-(464YgRA' Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: .5 3,500.00 New Fees as of October 1, 2015 FY 2020-2021 Meeting Dates Date Application Found Sufficient 1st Tuesday of Each Month) October 6, 2020 November 3, 2020 December 1, 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 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. (time and location are subject to change. please check with the Planning and Community Development Department for exact time and location q/'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 4th floor Opa-locka, FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations Zoning Code: Ordinance I5-31 Page 2 of 5 APPLICATION NUMBER: THE GREAT CITY PLANNING & ZONING BOARD APPLICATION Received: By: Date: CHECK NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Prologis Logistics Services Incorporated PROPERTY OWNER'S ADDRESS: 1800 Wazee Street, Suite 500, Denver, Colorado 802020 Number/Street City State/Zip Code APPLICANT'S NAME: Prologis Logistics Services Incorporated APPLICANT'S ADDRESS: 1800 Wazee Street, Suite 500, Denver, Colorado 80202 Number/Street City State/Zip Code PHONE NUMBER: OFFICE 305-392-4262 HOME OTHER SUBJECT PROPERTY ADDRESS: 12805 Le Jeune Rd., Opa-locka, FL 33054 Number/Street TAX FOLIO NUMBER: 08-2129-000-006I LEGAL DESCRIPTION: Please see attached. PRESENT ZONING: 1-3 with Corridor Mixed Use Overlay Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: _Small Scale: Large Scale (please specify type olcuttendotent below) Rezoning Drainage Plan Fill Permit Request Preliminary Site Plan Review Final Site Plan Review Conditional Use Permit — No Plans Conditional Use Permit — With Plans Special Exception — No Plans Special Exception — With Plans X Development Agreement Restrictive Covenant Other — Please specify: Add any additional information that may be of importance to this request: 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 1.D. & Incorporation Documents (Inc., LUC, . . . ) X Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized) 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. 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-locka) Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies X Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) X Narrative concept must be submitted with application ,( AFFIDAVIT 1, G,'C\S `D `6\a . being first duly sworn, depose and say that 1 am the OWNER of the property ,and I under icFth is application must uusst`be complete and accurate before a public hearing can be advertised. Prole gas Logistics Sc i a elaware corporation Signatu s //d/z/ Date Sworn to and subscribed before me by means of /physical presence or _ online notarization : This /cV day of 41)(91.),5-4— . ?Oki 274 ,16 Notary blic Attach copy of identification My commission expires !�cf06-e` I e,.? -0J-1/ ;;(;';o;;;&` MERCY ARCE MY COMMISSION k HH 054416 "` up o' EXPIRES: October 18, 2024 ","2F,p;;°.i'. Bonded Thru Notary Public Underwriters mod^` Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 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 Prologis Logistics Services Incorporated I hereby authorize Tracy Slavens and Vanessa Madrid to represent Prologis Logistics Services Incorporated, as owner of that certain 14.64 +/- acre parcel of land located at 12805 Le Jeune Road, in the City of Opa-Locka, and identified by Miami -Dade County Property Appraiser Folio 08-2129-000-0061. Said representation shall be in connection with the Site Plan and development entitlement process for the Property, and in all public hearings and meetings related hereto. Subject: Power of Attorney (authorization for a person. other than the property owner, to speak in the property owner's behalf). I ?ar/5 D -el Llw of the property legally described as: Please see attached. being first duly sworn, depose and say that I am the owner 1 do give to Tracy Slavens and Vanessa Madrid the power of Attorney and authority to speak in my behalf in reference to the above described property. Further, by affixing my notarized signature to this document, 1 also authorize Tracy Slavens and Vanessa Madrid to negotiate and commit to the City Commission and City Ad �l ' • ra ' 'n my behalf. I wil bide by all final determinations of the City Commission and City Administration. Pr ogis Lo istics S lc a por elaware corporation Signature Date /0721 Sworn to and subscribed before me by means of ✓physical presence or online notarization: This /0 day of fiUgac4 27/ Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires: OOLO,b-e` ie .„2o - Page 5 of 5 Attach copy of identification PLANNING & ZONING BOARD NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 12805 Le Jeune Rd., Opa-locka, FL 33054 LEGAL DESCRIPTION: Please see attached. Received: By: Date: 1 SUPPORT THIS DEVELOPMENT REQUEST I DO NOT SUPPORT THIS DEVELOPMENT REQUEST PROPERTY OWNER'S NAME: Prologis Logistics Services Incorporated PHONE: 305-392-4262 ADDRESS (If different): 8355 NW 12th St.. Doral, FL, 33126 Signature Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI- DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: PARCEL ONE: THE SOUTH 1,210 FEET OF THE SOUTHWEST 'A OF THE NORTHEAST 1/4 OFF SECTION 29, TOWNSHIP 52 SOUTH RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THERE FROM THE EAST 150 FEET THEREOF, AND LESS THE WEST 35 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST, OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST FOR 50.0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE NORTH 86°47'04"EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF SAID SECTION 29 FOR A DISTANCE OF 1,082.58 FEET TO A POINT ALONG A LINE PARALLEL TO AND 150 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST 1/4 , OF THE NORTHEAST 1/4, OF SAID SECTION 29; THENCE RUN NORTH 03°01'03" WEST ALONG SAID PARALLEL LINE FOR 629.10 FEET TO A POINT ; THENCE RUN SOUTH 86°47'04" WEST FOR 820.67 FEET TO A POINT ; THENCE RUN SOUTH 02°36'27"EAST FOR A DISTANCE OF 34.80 FEET TO A POINT ; THENCE RUN SOUTH 87°03'33"WEST FOR 158.00 FEET TO A POINT; THENCE RUN SOUTH 02°56'27" EAST FOR 8.00 FEET; THENCE RUN SOUTH 87°03'33" WEST FOR 103.0 FEET TO THE EAST RIGHT OF WAY LINE OF LEJEUNE ROAD (NW 42 AVENUE); THENCE RUN SOUTH 02°56'27" EAST ALONG SAID EAST RIGHT OF WAY FOR 590.79 FEET TO THE POINT OF BEGINNING. THE ABOVE PARCEL ONE AS ALSO DESCRIBED: COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST ALONG THE CENTER SECTION LINE FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT OF WAY MARGIN OF LE JEUNE ROAD, ALSO KNOWN AS NW 42ND AVENUE; THENCE RUN NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY MARGIN FOR A DISTANCE OF 590.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY MARGIN FOR A DISTANCE OF 619.21 FEET TO AN '/2" IRON PIN; THENCE LEAVING SAID RIGHT OF WAY MARGIN RUN NORTH 87°47'03" EAST FOR A DISTANCE OF 1080.91 FEET TO A REBAR; THENCE RUN SOUTH 03°01'03" EAST FOR A DISTANCE OF 580.90 FEET TO A REBAR; THENCE RUN SOUTH 86°47'04" WEST FOR A DISTANCE OF 820.67 FEET TO A PK NAIL; THENCE RUN SOUTH 02°36'27" EAST FOR A DISTANCE OF 34.80 TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 158.00 FEET TO A PK NAIL; THENCE RUN SOUTH 02°56'27" EAST FOR A DISTANCE OF 8.00 FEET TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 103.00 FEET TO A POINT AND BEING BACK AT THE POINT OF BEGINNING. PARCEL TWO: A NON-EXCLUSIVE RECIPROCAL EASMENT FOR INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "EASEMENT AGREEMENT" BY AND BETWEEN AMERICAN FRUIT & PRODUCE CORP., A FLORIDA CORPORATION AND AMERICAN LAND HOLDINGS OF OPA-LOCKA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, RECORDED MARCH 1, 2013 AS BOOK 28511 PAGE 4338 OF OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Summary Report Generated On : 8/6/2021 Property Information Folio; 08-2129-000-0061 Property Address: 12805 LE JEUNE RD Opa-locka, FL 33054-4401 Owner PROLOGIS LOGISTICS SERVICES C/O PROLOGIS INC INCORPORATED Mailing Address 1800 WAZEE STREET STE 500 DENVER, CO 80202 USA PA Primary Zone 7400 INDUSTRIAL - INDUSTRIAL P Primary Land Use 4837 WAREHOUSE TERMINAL OR STG : WAREHOUSE OR STORAGE Beds / Baths / Half 0/0/0 Floors 2 Living Units 0 Actual Area 117,052 Sq.Ft Living Area Sq.Ft Adjusted Area — 117,052 Sq.Ft 635.714 Sq.Ft Lot Size Year Built Multiple (See Building Info.) Assessment Information Year 2021 2020 2019 Land Value $9,535,710 $7,628,568 $7,628,568 Building Value $4,301,686 $4,381,618 $4,249,250 XF Value $700,774 $702,999 $705,225 Market Value $14,538,170 $12,713,185 $12,583,043 Assessed Value $13,984,503 $12,713,185 $12,583,043 Benefits Information Benefit Type Non -Homestead Cap 2021 2020 2019 Assessment Reduction $553,667 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 29 52 41 14.59 AC M/L BEG 50FTE & 590.79FTN OF C/L OF SEC CONT N 02 DEG W 619.21 FT N 88 DEG E 1080.91 FT S 03 DEG E 580.90FT S 86 DEG W 820.67FT Taxable Value Information . County _._ ___,_ -.---_ 2021. -_ 2020: 2019 Exemption Value ( $0l $0; so Taxable Value j $13,984,5031 $12.713,1851 $12,583,043 School Board $0 Exemption Value $0 $01 Taxable Value ! $14,538,1701 $12,713,185r $12,583,043 City Exemption Value r $01 $0 so Taxable Value I $13,984,503 $12,713,185 $12,583,043 Regional Exemption Value $01 $13,984,5031 sof so $12,583,043 Taxable Value $12,713,1851 Sales Information Previous Sale OR Price Book- 1 Qualification Description Page i 06/30/2017 $16,000,000: 30601 Qual by exam of deed i 0840 • 05/01/2003 $9,500,000, 24602 {1288- Sales which are qualified I I - - i i 14215- Sales which are disqualified as a result i 08/01 /1989 $0 i 1 2137 of examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: Page 1 of 5 THE GREAT CITY " �lr f iV ggoeida Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: $ 3,500.00 New Fees as of October 1, 2015 FY 2020-2021 Meeting Dates Date Application Found Sufficient 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 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-locks. 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. (flute and location are suhlect to change. please check with the Planning and Community Development Department fir 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 4111 floor Opa-locka, FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations Zoning Code: Ordinance 15-31 Page 2 of 5 APPLICATION NUMBER: THE G. T CITY • PLANNING & ZONING BOARD APPLICATION Received: By: Date: CHECK NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Prologis Logistics Services Incorporated PROPERTY OWNER'S ADDRESS: 1800 Wazee Street, Suite 500. Denver, Colorado 802020 Number/Street City State/Zip Code APPLICANT'S NAME: Prologis Logistics Services Incorporated APPLICANT'S ADDRESS: 1800 Wazee Street, Suite 500, Denver, Colorado 80202 Number/Street City State/Zip Code PHONE NUMBER: OFFICE 305-392-4262 HOME OTHER SUBJECT PROPERTY ADDRESS: 12805 Le Jeune Rd., Opa-locka, FL 33054 Number/Street TAX FOLIO NUMBER: 08-2129-000-0061 LEGAL DESCRIPTION: Please see attached. PRESENT ZONING: 1-3 with Corridor Mixed Use Overlay Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: Small Scale: Large Scale (please specs/* npe al'amenclment below) Rezoning Drainage Plan Fill Permit Request Preliminary Site Plan Review Final Site Plan Review Conditional Use Permit — No Plans Conditional Use Permit — With Plans Special Exception — No Plans Special Exception — With Plans X Development Agreement Restrictive Covenant Other— Please specify: Add any additional information that may be of importance to this request: Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 3 //a/z/ 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) 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. 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 ofOpa-locka) Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies X Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) X Narrative concept must be submitted with application AFFIDAVIT `CAD , being first duly sworn, depose and say that I am the OWNER of the property ,and I undertaai is application must be complete and accurate before a public hearing can be advertised. Prolt gis Logistics Sc i w a'I elaware corporation Date Sworn to and subscribed before me by means of /physical presence or _ online notarization : This IV day of /-i'U3 usf- .20? -1 Notary Itablic Attach copy of identification My commission expires 0LTo b-ek l0 .9-a,)-1-/ �:�"�a MERCY ARCE MY COMMISSION # HH 054416 o EXPIRES: October 18, 2024 of F;;°s. Bonded Thru Notary Public Underwriters Reference to Ordinance I5-13 Land Development Regulations/ Zoning Code: Ordinance 15-3I 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 Prologis Logistics Services Incorporated I hereby authorize Tracy Slavens and Vanessa Madrid to represent Prologis Logistics Services Incorporated, as owner of that certain 14.64 +1- acre parcel of land located at 12805 Le Jeune Road, in the City of Opa-Locka, and identified by Miami -Dade County Property Appraiser Folio 08-2129-000-0061. Said representation shall be in connection with the Site Plan and development entitlement process for the Property, and in all public hearings and meetings related hereto. Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). I ?ctr i s D -e1 ,€ O of the property legally described as: Please see attached. , being first duly sworn, depose and say that I am the owner l do give to Tracy Slavens and Vanessa Madrid the power of Attorney and authority to speak in my behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also authorize Tracy Slavens and Vanessa Madrid to negotiate and commit to the City Commission and City Ad .' a •n my behalf. I will abide by all final determinations of the City Commission and City Administration. Pr. ogis Lo istics S is :o- ! e'aware corporation Date /0721 Sworn to and subscribed before me by means of ✓physical presence or _ online notarization: This 2.4 Nota ublic /0 day of ft U9C OS4 c) - MERCY ARCE MY COMMISSION # HH 054416 :d EXPIRES: October 18, 2024 Fok,dC°P Bonded Thru Notary Public Underwriters Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires: OC7L0h..e` /8,lpa7 Page 5 of 5 Attach copy of identification PLANNING & ZONING BOARD NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 12805 Le Jeune Rd., Opa-locka, FL 33054 LEGAL DESCRIPTION: Please see attached. Received: By: Date: I SUPPORT THIS DEVELOPMENT REQUEST I DO NOT SUPPORT THIS DEVELOPMENT REQUEST PROPERTY OWNER'S NAME: Prologis Logistics Services Incorporated PHONE: 305-392-4262 ADDRESS (If different): 8355 NW 12th St.. Dora), FL, 33126 Signature Reference to Ordinance I5-13 Land Development Regulations) Zoning Code: Ordinance 15-31 LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI- DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: PARCEL ONE: THE SOUTH 1,210 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST '/a OFF SECTION 29, TOWNSHIP 52 SOUTH RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THERE FROM THE EAST 150 FEET THEREOF, AND LESS THE WEST 35 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST, OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST FOR 50.0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE NORTH 86°47'04"EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF SAID SECTION 29 FOR A DISTANCE OF 1,082.58 FEET TO A POINT ALONG A LINE PARALLEL TO AND 150 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST 1/4 , OF THE NORTHEAST 1/4, OF SAID SECTION 29; THENCE RUN NORTH 03°01'03" WEST ALONG SAID PARALLEL LINE FOR 629.10 FEET TO A POINT ; THENCE RUN SOUTH 86°47'04" WEST FOR 820.67 FEET TO A POINT ; THENCE RUN SOUTH 02°36'27"EAST FOR A DISTANCE OF 34.80 FEET TO A POINT ; THENCE RUN SOUTH 87°03'33"WEST FOR 158.00 FEET TO A POINT; THENCE RUN SOUTH 02°56'27" EAST FOR 8.00 FEET; THENCE RUN SOUTH 87°03'33" WEST FOR 103.0 FEET TO THE EAST RIGHT OF WAY LINE OF LEJEUNE ROAD (NW 42 AVENUE); THENCE RUN SOUTH 02°56'27" EAST ALONG SAID EAST RIGHT OF WAY FOR 590.79 FEET TO THE POINT OF BEGINNING. THE ABOVE PARCEL ONE AS ALSO DESCRIBED: COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST ALONG THE CENTER SECTION LINE FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT OF WAY MARGIN OF LE JEUNE ROAD, ALSO KNOWN AS NW 42ND AVENUE; THENCE RUN NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY MARGIN FOR A DISTANCE OF 590.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY MARGIN FOR A DISTANCE OF 619.21 FEET TO AN '/2" IRON PIN; THENCE LEAVING SAID RIGHT OF WAY MARGIN RUN NORTH 87°47'03" EAST FOR A DISTANCE OF 1080.91 FEET TO A REBAR; THENCE RUN SOUTH 03°01'03" EAST FOR A DISTANCE OF 580.90 FEET TO A REBAR; THENCE RUN SOUTH 86°47'04" WEST FOR A DISTANCE OF 820.67 FEET TO A PK NAIL; THENCE RUN SOUTH 02°36'27" EAST FOR A DISTANCE OF 34.80 TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 158.00 FEET TO A PK NAIL; THENCE RUN SOUTH 02°56'27" EAST FOR A DISTANCE OF 8.00 FEET TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 103.00 FEET TO A POINT AND BEING BACK AT THE POINT OF BEGINNING. PARCEL TWO: A NON-EXCLUSIVE RECIPROCAL EASMENT FOR INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "EASEMENT AGREEMENT" BY AND BETWEEN AMERICAN FRUIT & PRODUCE CORP., A FLORIDA CORPORATION AND AMERICAN LAND HOLDINGS OF OPA-LOCKA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, RECORDED MARCH 1, 2013 AS BOOK 28511 PAGE 4338 OF OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Summary Report Generated On : 8/6/2021 Property Information Folio: 08-2129-000-0061 Property Address: 12805 LE JEUNE RD Opa-locka, FL 33054-4401 Owner PROLOGIS LOGISTICS SERVICES C/O PROLOGIS INC INCORPORATED Mailing Address 1800 WAZEE STREET STE 500 DENVER, CO 80202 USA PA Primary Zone 7400 INDUSTRIAL - INDUSTRIAL P Primary Land Use 4837 WAREHOUSE TERMINAL OR STG : WAREHOUSE OR STORAGE Beds / Baths / Half 0/0/0 Floors 2 Living Units 0 Actual Area 117,052 Sq.Ft Living Area Sq.Ft Adjusted Area 117,052 Sq.Ft Lot Size 635,714 Sq.Ft Year Built Multiple (See Building Info.) Assessment Information Year 20211 2020 2019 Land Value $9,535,710 $7,628,568 $7,628,568 Building Value $4,301,686 $4,381,618 $4,249,250 XF Value $700,774 $702,9991 $705,225 Market Value $14,538,170 $12,713,185 $12,583,043 $12,583,043 Assessed Value $13,984,503 $12,713,185 Benefits Information Benefit Type Non -Homestead Cap Assessment Reduction 20211 2020 $553,667.1 2019 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 29 52 41 14.59 AC M/L BEG 50FTE & 590.79FTN OF C/L OF SEC CONT N 02 DEG W 619.21 FT N 88 DEG E 1080.91 FT S 03 DEG E 580.90FT S 86 DEG W 820.67FT Taxable Value Information County 2021 2020 2019 Exemption Value tt $o! $01 $0 Taxable Value $13,984,50331 $12,713,1851 $12,583,043 School Board Exemption Value • $01 $0 $0 Taxable Value i $14,538,170; $12,713,185 $12,583,043 City Exemption Value i $0 $0 $0 Taxable Value $13,984,503 $12,713,185 $12,583,043 Regional Exemption Value Taxable Value - w $01 $13,984,5031- sof— so $12,713,1851 $12,583,043 Sales Information Previous Sale 1 OR Price; Book- 1 i Page i. i 30601- ' 0.6/30/20171$16,000,0001 Qua! by exam of deed I 0840 05/01/20031 4602 $9,500,000, 21288 s � 08/01/1989 $0; 14215- 2137 j Qualification Description Sales which are qualified Sales which are disqualified as a result 1 of examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: Holland 8c Knight 701 Brickell Avenue, Suite 3300 I Miami, FL 33131 I T 305.374.8500 ( F 305.789.7799 Holland & Knight LLP I www.hklaw.com Tracy R. Slavens +1 305-789-7642 tracy.slavens@hklaw.com August 13, 2021 VIA ELECTRONIC DELIVERY Mr. Gregory D. Gay, AIA-NAM Director, Planning and Community Development Department 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 Re: Prologis Logistics Services Incorporated —12805 Le Jeune Rd. Development Agreement Application Mr. Gay, Please accept this letter of intent on behalf of Prologis Logistics Services Incorporated (the "Applicant" or "Prologis") in support of its request for the approval of a Development Agreement for a proposed industrial development on that certain ±14.59 acre parcel of land located at 12805 Le Jeune Rd in the City of Opa- Locka, Florida (the "City"), and identified by Miami -Dade County Property Appraiser folio no. 08-2129- 000-0061 (the "Property"). This application is being submitted with two (2) corresponding applications for a: 1) Site Plan approval, and 2) non-use variance of parking dimensions under Land Development Regulations (LDR) Article VI, Section 22-153(K). The Property has a Comprehensive Development Master Plan (CDMP) Future Land Use Plan (FLUP) map designation of Industrial with a Corridor Mixed Use Overlay, and is within the Liberal Industrial (I-3) zoning district. Over the years, the Property has been used as a truck driving school, trailer terminal, and/or trailer storage, and is surrounded by industrial uses to the north, south, and east, and a mix of industrial and commercial uses to the west. The Property is located off of a half section line road and approximately 0.5 miles away from a major highway, State Road 924/Gratigny Parkway. hi addition, the Property is served by Metrobus routes 42 and 135 at bus stops located within 200 feet of the Property. The Applicant is seeking to redevelop the Property with a Class -A industrial development consisting of a 247,174 square foot building (including approximately 222,457 square feet of warehouse/distribution space and 24,717 square feet of office use) intended to attract quality logistics and distribution tenants. In connection with the Site Plan approval, the Applicant is proffering a Development Agreement pursuant to LDR Article V, Section 22-112 and Florida Statutes Sections 163.3220-163.3243 (the "Development Agreement"). A draft of the proposed Development Agreement is enclosed with this submittal for your review and consideration. The Development Agreement generally, among other things, provides that: (i) the project, once approved, will be designed and maintained according to the plans provided with the companion Site Plan Application, (ii) the project's infrastructure needs will be met, (iii) the Applicant will Atlanta I Austin I Boston I Charlotte I Chicago I Dallas I Denver I Fort Lauderdale I Fort Worth I Houston Jacksonville I Los Angeles I Miami I New York I Orange County I Orlando I Philadelphia I Portland San Francisco I Stamford I Tallahassee I Tampa Tysons I Washington, D.C. I West Palm Beach Prologis — Development Agreement Application August 13, 2021 Page 2 use commercially reasonable efforts to continue its partnership with the Miami -Dade Beacon Council to sponsor the Summer Youth Internship Program through the Prologis Trade and Logistics Academy at Miami Springs Senior High School, and (iv) prior to the issuance of the first building permit for vertical construction within the Property, the Applicant will use commercially reasonable efforts to employ qualified applicants who are City residents and will encourage all contractors retained to develop the Project to do the same. Based on the foregoing, we ask for your favorable review of this application. Thank you in advance for your considerate attention to this request. Should you have any further questions or concerns, please do not hesitate to contact me at (305) 789-7642. Sincerely yours, HOLLAND & KNIGHT LLP Tracy I-$lavens, Esq. Enclosures Cc: Mr. Gerald J. Lee, City Planner/Zoning Official Mr. Corion DeLaine, City/CRA Planner Mr. Paris Del Rio Mr. Danny Rivero Mrs. Vanessa Madrid, Esq. #86064615_v2 Record and Return to: (enclose self-addressed stamped envelope) Tracy R. Slavens, Esq. Holland & Knight LLP 701 Brickell Avenue, Suite 3300 Miami, Florida 33131 This Instrument Prepared by: Law Offices of Burnadette 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 PROLOGIS LOGISTICS SERVICES INCORPORATED THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2021 ("Execution Date") by and between PROLOGIS LOGISTICS SERVICES INCORPORATED, (the "Owner"), with the address of 8355 NW 12 Street, Doral, Florida 33126 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 ±14.59 acres of land located at 12805 NW LeJeune Road, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio No. 08-2129-000-0061 (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 Site Plan for the Proposed Development which includes a 247,174 square foot building containing approximately 222,457 square feet of distribution space and 24,717 square feet of office use, as well as approximately 248 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 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. , adopted on , 2021, 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, and/or any of its respective successors, assigns, or heirs thereof. (0 "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), F.S. (g) "Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (h) "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami -Dade County, 2 (i) "Entire Term" is the total term of this Agreement, combining the Initial Term of fifteen (15) years, and the Additional Term, as defined herein. 0) "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 Final 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 amended through the Effective Date. (1) "Final Site Plan" means the Site Plan entitled " "'< Industrial Park," as prepared by RLC Architects, P.A. dated ,and ap' ; ed .A. City Commission via , as may be amended from time ' , e. Resolution No. (m) "Governing Body" means the City (n) (o) (p) (q) "Initial Term" is fifteen (15) ye "Land" means the earth, water, and Includes any improv is or structure provided herein. '�////�j/j��,, a-Locka's City Comr /2 encingon the Effective Rafe. ove, below, or on the surface and omarily regarded as land, except as "Land Development ° lations• , ordinane , rules and policies enacted or customarily implemen by ' � he regulation of any aspect of develo t and inclu al gove ent zoning, rezoning, subdivision, bui ction, or / gulation or any other regulations controlling the r construc upon land in effect as of the Effective Date. rdinances, resolutions, regulations, comprehensive plans, Land rules adopted by the City of Opa-Locka affecting ent of land in effect as of the Effective Date, including Opa-Locka's ment Regulation Code, Ordinance Number 15-31. (r) " meaf"sue City and the Owner. (s) "Prof'' shall mean the construction and development of the Property in acco �� ce with the Final Site Plan for the Proposed Development, which has been de /// consistent with Liberal Industrial (I-3) zoning district regulations and all able Laws. (t) '%"Property" shall mean the parcel of real property defined in the preamble to this Agreement, and legally described in Exhibit "A" hereto. (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. 3 (v) "Resolution" shall mean City of Opa-Locka Resolution Nos. and approving the Project and this Agreement. 4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed and implemented as a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163.3243, F.S., ("Act"), in compliance with 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, F.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 and all persons claiming under it for an Initial Term of fifteen (15) years from the Effective Date, and may be extended in accordance with Section 252.363, F.S. 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 or modification 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 4 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's Final Site Plan, or to cause any tenant of the Property to do so, for the entire period in which the Owner owns 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 accordance with City Code requirements. In addition, Owner shall maintain the Property in a manner consistent with Section 14-2 of the City Code. The landscaping and common areas of the Property shall be maintained by the Owner, its sttccess4rs or assi s of bra rLoperty owners' association pursuant to reciprocal easement agreement(s) ("REAs"), and /or a combination thereof. The entity or entities responsible for such maintenance shall be determined by the Owner at its discretion. Owner shall provide the City with contact information of the entities or persons responsible for maintenance of the Property pursuant to this Paragraph. (f) At the request of the City, Owner shall submit an annual report 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's 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) a) (k) Owner agrees to use commercially reasonable efforts to: 1) Cooperate with the City on any City -initiated efforts with area economic development and educational organizations, including the Beacon Council, The Meek Foundation, Miami -Dade County Public Schools, and Miami -Dade College, to expand vocational and technical training programs for residents within the City through September 1, 2022; and 2) Recruit and employ qualified applicants who are City residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-Locka, and encourage all contractors retained to develop the Project to do the same, as fol} ; s: i outreach plan that outlines the y reasonable efforts to provide nent jobs to Opa; Locka residents, first building = it for vertical utreach Plan"). Said Outreach / local job fair(s) Meal" shall uses of the City of Opa-Locka; eld as described herein and shall within the Project. a. Prepare and provide the City wi Owner's anticipated comm construction -related and prior to the issuance construction within 1 Plan, at a minimu mean within the mu hereinafter "Local Job outline jo training oppo b. Host o provide City's we vertical cone ny local ne • neral contr" 'on job o ance ) to host a Local Job Fair and gs to the City to post on the f the first building permit for e g c ontractor shall advise the City of llowing its Local Job Fair(s). ash anc bage conta ' s shall comply with all city dumpster enclosure irements. . % ��„ The 1e complied with by the Owner of the Project. Said entity m///��, ork immediately to seek all applicable permits immediately upon Proval" 'j� Agreement and shall: 1) Apply )its first building permit for vertical construction within the Property within eighteen (18) months from the execution of the Development Agreement. The City Manager may administratively grant a single extension of up to six (6) months for good cause. Must start construction: within twelve (12) months following issuance of the first building permit for vertical construction. The City Manager may administratively grant a single extension of up to six (6) months for good cause. 3) Must complete all phases of the Project within fourteen (14) years following issuance of permits. The City Manager may administratively grant a single extension of up to six (6) months for good cause. 4) Said timeframes may be further extended in accordance with Section 252.363, F.S. 6 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 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. (i) 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 Public Facilities currently in existence as provided by the State of Florida, Miami -Dade County, the City, and/or as contemplated in the Project's 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 Facilities' 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 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 7 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 provide a reasonable time -frame within which the Owner may correct the violation. 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. 8 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: With a copy to: 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 40I North Avenue of the Arts Ft. Lauderdale, FL 33311 Prologis Logistics Services 8355 NW 12th Street Doral, FL 33126 Holland and Knight LLP Attn: Tracy R. Slavens, Esq. 701 Brickell Avenue, Suite 3300 Miami, FL 33131 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 9 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 twelve (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. [Signature Pages to Follow] 10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. CITY CITY OF OPA-LOCKA FLORIDA ATTEST: Dated: day of , 2021 Approved for form and legal sufficiency: City Attorney: By: ger 11 WITNESS: Print Name Signature Print Name Print Name Signature Print Name STATE OF FLORIDA SS COUNTY OF MIAMI= OWNER: PROLOGIS LOGISTICS SERVICES INCORPORATED, a Delaware corporation By: Name: Paris Del Rio Title: Authorized Signatory The mstrume A� acknowledged before me by means of El physical presence or ❑ online n• 9�yf: on, &is day o , 2021, by Paris Del Rio, as an authorized signatory for Prolog' gistics Servic orporar"��� d for the purposes stated herein on behalf of said corporation, ��� to me or who has produced who is personal kno as identification. Print Name: Notary Public, State of Florida Commission #: My Commission Expires: 12 EXHIBIT A PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI- DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: PARCEL ONE: THE SOUTH 1,210 FEET OF THE SOUTHWEST 1/ OF THE NORTHEAST 1/ OFF SECTION 29, TOWNSHIP 52 SOUTH RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THERE FROM THE EAST 150 FEET THERE �1;... AND LESS THE WEST 35 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED COMMENCE AT THE CENTER OF SECTION EAST, OF MIAMI-DADE COUNTY, FLORIDA FOR 50.0 FEET TO THE POINT OF B HEREINAFTER TO BE DESCRIBED; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST SAID SECTION 29 FOR A DISTA, LINE PARALLEL TO AND 150 FEE 1/4 , OF THE NORTHEAST 1/4, 03°01'03" WEST ALONG SAID P THENCE RUN SOUTH 86°47'04" WES Boa//o,,, RUN SOUTH 02°36'27 OR A re fr CE OF 34.80 FEET TO A POINT ; THENCE RUN SOUTH 1% 13'3' n1EST FO A58.00 FEET TO A POINT; THENCE RUN SOUTH 02°56'27"// ° " /// ST FOR/ j. 00 FEE ,�THENCE RUN SOUTH 87 03 33 WEST E EA 'MT OF(//AY LINE OF LEJEUNE ROAD ( NW 42 4 EAST ALONG SAID EAST RIGHT OF WAY j DINT OF BEGINNING. L: FOR 103.0 FEET T'� AVENUE); THENCE R FOR 590.7 9,ii� i�T.. TO THE COMM EAST, ALONG TH ON THE EAS 42ND AVENUE; MARGIN FOR A D %%�i„ /�//� PARCEL AE AS 0 F 1,082. THE EA, DESCRIBED: OWNSHIP 52 , RANGE 41 ENCE �NORTH 8 7'04" EAST IN %%A THE PARCEL OF LAND E NORTH 86°47'04"EAST OF THE NORTHEAST 1/4, OF EET TO A POINT ALONG A A INE OF SAID SOUTHWEST CTIOgV '9; THENCE RUN NORTH 629.10 FEET TO A POINT ; EET TO A POINT ; THENCE AT THE CE"VR OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 41 I-DADE C;;� TY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST TER S ION LINE FOR A DISTANCE OF 50.00 FEET TO A POINT F WAY MARGIN OF LE JEUNE ROAD, ALSO KNOWN AS NW E RUN NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY ANCE OF 590.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°56'27" WEST ALONG SAID RIGHT OF WAY MARGIN FOR A DISTANCE OF 619.21 FEET TO AN 1/z" IRON PIN; THENCE LEAVING SAID RIGHT OF WAY MARGIN RUN NORTH 87°47'03" EAST FOR A DISTANCE OF 1080.91 FEET TO A REBAR; THENCE RUN SOUTH 03°01'03" EAST FOR A DISTANCE OF 580.90 FEET TO A REBAR; THENCE RUN SOUTH 86°47'04" WEST FOR A DISTANCE OF 820.67 FEET TO A PK NAIL; THENCE RUN SOUTH 02°36'27" EAST FOR A DISTANCE OF 34.80 TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 158.00 FEET TO A PK NAIL; THENCE RUN SOUTH 02°56'27" EAST FOR A DISTANCE OF 8.00 FEET TO A PK NAIL; THENCE RUN SOUTH 87°03'33" WEST FOR A DISTANCE OF 103.00 FEET TO A POINT AND BEING BACK AT THE POINT OF BEGINNING. PARCEL TWO: A NON-EXCLUSIVE RECIPROCAL EASMENT FOR INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "EASEMENT/AGREEMENT" BY AND /i/ij BETWEEN AMERICAN FRUIT & PRODUCE CORP., A FLOES CORPORATION AND AMERICAN LAND HOLDINGS OF OPA-LOCKA, LLC, A FL // LIMITED LIABILITY COMPANY, RECORDED MARCH 1, 2013 AS BOOK 285 E 4338 OF OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA. I EXHIBIT B CITY'S ANNUAL REPORT FORM City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 Reporting Period: CITY OF OPA-LOCKA ANNUAL REPORT FORM Month/Day/Year Name and Title of Individual Completing Report: Address : 1. Describe any c as approved by , passed 2. Des "' ' ""'' hanger i to the Development Agreement between the City of Opa-Locka, F , and Prol "'s Log'�'' Services Incorporated as approved by the City of Opa-Locka Commissionpursuant to R olution No. , passed and adopted on 2021 (the "Development Agreement"). /4 3. Pro / list of development permits for vertical construction issued by the City during the Report i nod., �j 4. Provide a list ,,.,certificates of occupancy within the project that have been issued by the City during the Reporting Period. e propos(,,, .,lan of development, during the Reporting Period, -Locka City Commission ("City") pursuant to Resolution No. ''` , 2021. 5. Describe compliance with Paragraph 9 (Development Conditions (a) -(k)) of the Development Agreement during the Reporting Period. 6. Provide a statement confirming that all persons have been sent copies of the annual report in conformance with Section 17 of the Development Agreement. >a� smy-y _,v ee stzC.r':zee,.