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HomeMy Public PortalAbout22-050 - Rock and Dirt Development Agreement ApprovalSponsored by: Interim City Manager RESOLUTION NO. 22-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT APPROVAL REQUEST FOR THE CONSTRUCTION, REHABILITATION AND OPERATION OF A CONSTRUCTION EQUIPMENT RENTAL COMPANY AT 2950 NW 132ND TERRACE AND 2990 NW 132ND TERRACE; IDENTIFIED BY FOLIO 08- 2128-004-0350 AND 08-2128-004-0340 IN THE I-2 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Rock and Dirt Construction Equipment Rental, LLC intends to rehab and re -develop this site to operate a construction equipment rental company in the south section of the City of Opa-Locka ("City"); and WHEREAS, the applicant, Rock and Dirt Construction Equipment Rental, LLC intends to install modern access drives, improved paving & drainage, new employee parking areas, erect perimeter walls, plant extensive new landscaping and provide appropriate Right -of -Way dedications for NW 31st Avenue and for NW 132nd Terrace; and WHEREAS, the Project will also consist of the improvement of the current building through internal demolition and the building addition of 1,615 square feet to convert it into a modern office space, and to provide new site improvements for appropriate ingress and egress at 2950 NW 132nd Terrace and 2990 NW 132nd Terrace, Opa-Locka, Florida; identified by folio 08-2128-004-0350 and folio 08-2128-004-0340 in the I-2 Zoning District; and WHEREAS, the development will also include 42 employee parking spaces, 79 new assorted trees, 699 shrub plants and 3,918 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 applicant has requested site plan review and development agreement review approval and also seeks to obtain Tentative Plat approval in accordance with the requirements of the City of Opa-Locka ("City") and the requirements of Miami -Dade County Code, Chapter 28 "Subdivisions" Plats and Platting. A copy of the Tentative Plat is attached hereto as Exhibit "B"; and Resolution No. 22-050 WHEREAS, the redevelopment of this site is intended to provide a modern office space and provide new site improvements including a detached maintenance building to conduct repairs in a wholly enclosed building and appropriate Right -of -Way dedications for NW 132nd Terrace and for NW 131st Street and to operate a construction equipment rental company at this location; and WHEREAS, the applicant, Rock & Dirt Construction equipment Rental, LLC., desires to continue the operation of their construction equipment rental operation, however granting this request would bring this operation into compliance with the City Land Development Regulations and the requirements of Miami -Dade County Code, Chapter 28, "Subdivisions" Plats and Platting as previously stated; and WHEREAS, the Planning & Zoning Board reviewed this request on January 18, 2022, for development agreement approval and recommended approval by a 4-0 vote. After the applicant, Rock and Dirt Construction Equipment Rental, LLC, presented its request to the Planning & Zoning Board, they determined they needed to amend the site plan to include the construction of a detached building for company vehicle maintenance and repair; and WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the best interest of the City and its residents to approve the development agreement of Applicant within the City, as provided herein and attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by reference. SECTION 2. Approval. Approval of Development Agreement. The City Commission of the City of Opa- Locka, Florida hereby approves the request for development agreement approval for the rehabilitation and re -development of this site, and to install modern access drives, improved paving & drainage on site and to make improvements to the current building through internal demolition and the addition of 1,615 square feet to convert it into a modem office space and provide new site improvements to accommodate new employee parking areas, to provide new landscaping design, to erect perimeter walls, to plant extensive new landscaping, provide appropriate right of way dedications on NW 31st Avenue and on NW 132nd Terrace and to unify the properties at 2950 NW 132nd Terrace and 2990 NW 132nd Terrace, Opa- 2 Resolution No. 22-050 Locka, Florida and identified by folio 08-2128-004-0350 and folio 08- 2128-004-0340 into one property. 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 Interim City Manager following review by the City Attorney, without the need of a public hearing by filing a corrected 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 5th day of October, 2022. ATTEST: J nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette N/A• vv eeks,P.A. Moved by: Vice Mayor Taylor Seconded by: Commissioner Dominguez VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES Veronica E. Williams, Mayor 3 City of Opa-locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: City Manager: Darvin Williams CM Signature 1 ` Commission Meeting September 28, 2022 Item Type: Resolution Ordinance Other Date: (EnterX in box) }{ Fiscal Impact: Yes No Resolution Reading: (Enter X in box) 1st Reading 2nd Reading (EnterX in box) X X Public Hearin g: Yes No Yes No (Enter X in box) X Funding Source: (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No Account/I: See Financial Impact section below X ILA Yes No RFP/RFQ/Bid#: Required: (Enter X in box) X Strategic Yes No Strategic Plan Priority Area: Strategic Plan Related (EnterX in box) X Enhance Organizational im Bus. & Economic Dev Public Safety El Quality of Education MI Qual, of Life & City Image ❑ Communcation MI Plan Obj./Strategy: (list the specific objective/strategy this item will address) 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 REVIEW REQUEST FOR THE CONSTRUCTION, REHABILITATION AND OPERATION OF A CONSTRUCTION EQUIPMENT RENTAL COMPANY AT 2950 NW 132ND TERRACE AND 2990 NW 132ND TERRACE; IDENTIFIED BY FOLIO 08-2128-004-0350 AND 08-2128-004-0340 IN THE I-2 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The proposed project consists of the rehabilitation and re -development of this site, and to install modern access drives, improved paving & drainage on site and to make improvements to the current building through internal demolition and the addition of 1,615 square feet to convert it into a modern office space and provide new site improvements to accommodate employee parking, to provide new landscaping design, to provide improved paving & drainage, to provide appropriate Right -of -Way dedications, to provide new employee parking areas, to erect perimeter walls, to plant extensive new landscaping, provide appropriate right of way dedications on NW 31st Avenue and on NW 132nd Terrace and to unify the properties at 2950 NW 132nd Terrace and 2990 NW 132nd Terrace, Opa-locka, Florida and identified by folio 08-2128-004-0350 and folio 08- 2128-004-0340 into one property. The applicant, Rock & Dirt Construction equipment Rental, LLC., desires to continue the operation of their construction equipment rental operation, however granting this request would bring this operation into compliance with the City Land Development Regulations and the requirements of Miami -Dade County Code, Chapter 28, "Subdivisions" Plats and Platting as previously stated. The Planning & Zoning Board reviewed this request on January 18, 2022, for final site plan review approval and recommended approval by a 4-0 vote. A copy of the Site Plan is included in this package. After the applicant, Rock & Dirt Construction Equipment Rental, LLC, presented this request to the Planning & Zoning Board they (R&D) determined they needed to amend their site plan to include the construction of a detached building for company vehicle maintenance and repair. The redevelopment of this site is intended to provide a modern office space and provide new site improvements and now includes the construction of a detached maintenance building to conduct repairs in a wholly enclosed building. Financial Impact There is no significant financial impact for the approval of the Site Plan for the operation of the Construction Equipment Rental business at this location. Proposed Action: Staff has recommended approval of this request. Attachment: Draft Resolution PZAB Application PZAB Meeting Minutes 1-18-22 Staff Report Site Plan -Attachment A Development Agreement iL7'22?O YJ2L[ 9fLN71/7!Es (7Jecemtier 2021) The Opa-locka Planning & Zoning Meeting P&Z Clerk's Summary Minutes P&Z Meeting Tuesday, December 7, 2021 7:00 P.M. • CALL TO ORDER: Chairman Elio Guerrero called the Planning & Zoning Meeting to order at 7:40 p.m. on Tuesday, December 7, 2021. An opportunity was given to the public to email the Planning & Zoning Clerk prior to the Planning & Zoning Meeting with any questions/comments/concerns on items we will hear on this evening's P&Z agenda. This meeting is being streamed live at https://www.voutuhe.conu'user/CitvofOpalocka. ROLL CALL: The Planning & Zoning Board of the City of Opa-locka, Miami -Dade County, met in a session on Tuesday, December 7, 2021, at 7:30 p.m. The following members of the Planning & Zoning Meeting were present: Board Member Audrey Dominguez, Board Member Germane Barnes, Board Member Claudienne Hibbert, Board Member Dawn Mangham, & Board Member Rose Tydus. Absent Board Member: Chairman Elio Guerrero Also, in Attendance were Planning & Zoning Director, Gregory Gay, Zoning Official Gerald Lee, City Planner, Corion Delaine, Planning & Zoning Board Clerk, Kinshannta Hall, and Attorney Pam Booker. *Board Member Dawn Mangham will serve as Chairperson for the meeting due to the absence of Chairman Guerrero. *Board Member Claudienne Hibbert enters the meeting at 7:40pm (Quorum Met) II INVOCATION AND PLEDGE: Prayer was led by board member Rose Tydus and the Pledge of Allegiance was stated after the Prayer. 1 P&Z-8 1 III APPROVAL OF MINUTES: Discussion of Minutes from October 5, 2021, Meeting Board Member Dawn Mangham asked if a motion could be made to have the minutes approved from October 5, 2021, meeting. Board Member Audrey Dominguez made a motion to approve the minutes. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 4-0. Audrey Dominguez Yes Claudienne Hibbert Yes Dawn Mangham Yes Rose Tydus Yes *Reading Minutes were briefly summarized due to technical issues with the audio recorder. IV. PUBLIC HEARING: 1. A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE TENTATIVE PLAT REVIEW REQUEST FOR THE CONSTRUCTION/REHABILITATION AND OPERATION OF A CONSTRUCTION EQUIPMENT RENTAL COMPANY AT 2950 NW 132ND TERRACE AND 2990 NW 132ND TERRACE AND IDENTIFIED BY FOLIO 08-2128-004-0350 AND 08-2128-004-0340 IN THE [-2 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. *Attorney Penn came before the Planning Zoning Board to presents the presentation for item 1 tentative plat on the agenda. Attorney Penn: The roads have never been platted. This is a process we are working to improve. Attorney Penn also elaborated on the landscaping improvement as well to the area. We will be back before you all with the site plans and DA agreement. Board Member Mangham: Any questions board members? Board Member Tydus: Are you the original or new owners? Attorney Penn: (Speaks) New owners. 2IPage P&Z-9 *S1afLPresentation (For Item 1 on the agenda) Mr. Lee comes before the Planning & Zoning board to do his presentation. Mr. Lee speaks on the area and the tentative plat for item one on the agenda. Mr. Lee: Staff recommends approval. Board Member Tydus: I didn't see any timelines. Attorney Penn: First quarter of 2022, under construction by the summer. *Public Comments Board Member Dawn Manglaam: Any public comments? *(No Public Comments for Item 1 on the agenda) Board Member Rose Tydus made a motion to approve Item 1 on the agenda and Board Member Dawn Mangham second the motion. There being no discussion, the motion passed by a 4-0. Audrey Dominguez Yes Claudienne Hibbert Yes Dawn Mangham Yes Rose Tydus Yes *Board Member Germane Barnes enters the meeting at 8:15pm. 2. A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE FINAL SITE PLAN REQUEST FOR THE CONSTRUCTION AND OPERATION OF CONVENINENCE STORE, TWO RETAIL SPACES AND A SERVICE STATION WITH A HAND CAR WASH AT 14585 NW 22 AVENUE AND IDENTIFIED BY FOLIO 08-2122-005-0690 IN THE B-2 ZONING DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. Wage P&Z-10 Applicants came before the Planning and Zoning board and makes their presentation. They mentioned how beneficial that this project will be within the community. "The applicants are seeking approval for item 2 and item 3 on the agenda. *Staff Presentation (For Item 2 on the agenda) Mr. Lee comes before the Planning & Zoning board to do his presentation. Mr. Lee speaks on the area for item two on the agenda. Mr. Lee: Staff recommends approval. Board Member Mangham: Any questions board members? No questions were asked by board members on item two. *Public Comments Board Member Dawn Mangham: Any public comments? *(No Public Comments for Item 2 on the agenda) Board Member Audrey Dominguez made a motion to approve item 2 on the agenda. Board Member Rose Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Audrey Dominguez Yes Claudienne Hibbert Yes Dawn Mangham Yes Rose Tydus Yes 41Page P&Z-11 3. A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT REQUEST FOR THE CONSTRUCTION AND OPERATION OF CONVENINENCE STORE, TWO RETAIL SPACES AND A SERVICE STATION WITH A HAND CAR WASH AT 14585 NW 22 AVENUE AND IDENTIFIED BY FOLIO 08-2122-005-0690 IN THE B-2 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. *Staff Presentation (For Item 3 on the agenda) Mr. Lee comes before the Planning & Zoning board to do his presentation. Mr. Lee speaks on the area for item three on the agenda. Mr. Lee also informs all board members they have the right to make modifications to the Development agreement. Mr. Lee: Staff recommends approval. Board Member Mangham: Any questions board members? Board Member Dominguez: My only concern is the traffic in that area. Board Member Barnes: Where is the traffic study? This needs to be included. Applicant: We will get with staff and make sure this is included. *Public Comments Board Member Dawn Mangham: Any public comments? *(No Public Comments for Item 3 on the agenda) Board Member Audrey Dominguez made a motion to approve Item 3 with (conditions/traffic study . on the agenda and Board Member Claudienne Hibbert second the motion. There being no discussion, the motion passed by a 4-1. Audrey Dominguez Yes Germane Barnes No Claudienne Hibbert Yes Dawn Mangham Yes Rose Tydus Yes 51 Page P&Z-12 STAFF UPDATE VI ADJOURNMENT The meeting was adjourned. Submitted by inshannta Ha Plannin _ & Zon Clerk ATTEST: Elio Guerrero Chairman 61 Page P&Z-1 3 A I/erify Completed Forms Development Agreement - signed.pdf DocVerify ID: Created: Pages: Electronic Notary: 007A4C1 B-7561-4C3A-9A7F-6BC9AE1 C8E46 October 18. 2021 08:23:51 -8:00 9 Yes r State: FL E -Signature Summary E -Signature Notary: Diana Ramos (dra) October 18, 2021 08:27:33 -8:00 [28AB03A02B4F] [162.244.152.118] dramos@brzoninglaw.com VVDocVerify ID: 00744C1 B-7561-4C3A-9A7F-6BC9AE1C8E46 VnV1t nUfVara} 1111111 I I I I J 1111111111111111111111111111111111111111111111111111111111 Generated Cover Page 6BC9AE 1 C8E46 1111 11 III DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 1 of 5 " THE GREAT CITY " 6'1(// 1• 1(/ ((/ oza Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: $ New Fees as of October 1, 2015 FY 2020-2021 Meeting Dates 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 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. (time and location are subject to change, please check with the Planning and Community Development Department for exact time and location of the meetings). 4. Application package must include all required documents per checklist and fees of The City of Opa-locka. The application will be reviewed by the Department and will be scheduled for the 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'i 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 (Diann Rams F•68C9AE1 C8E46 Page 1 of 9 16BC9AE1CBE46 1111 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 2 of 5 " T'HE GREAT CITY " 1gionectla PLANNING & ZONING BOARD APPLICATION Received: By: Date: APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Rock and Dirt Construction Equipement Rental, LLC PROPERTY OWNER'S ADDRESS: 2101 NW 110 Avenue Doral Florida 33172 APPLICANT'S NAME: Number/Street City State/Zip Code Same as Owner APPLICANT'S ADDRESS: Number/Street City State/Zip Code PHONE NUMBER: OFFICE HOME OTHER SUBJECT PROPERTY ADDRESS: 2950 - 2990 NW 132 Terrace Number/Street TAX FOLIO NUMBER: 08-2128-004-0340, 08-2128-004-0350 PRESENT ZONING: 1-2 LEGAL DESCRIPTION: See attached Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: Small Scale; _Large Scale (please specrfj' r}pe 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 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 DocVerify ID: 007A4C1B•7561.4C3A-9A7F-68C9AE1 C8E46 Page 2 o19 26BC9AE1C8E46 1111 ii II DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 3 of 5 Received: By: Date: PLANNING & ZONING BOARD APPLICATION (Checklist) Applications will not be accepted without the following data. For a public hearing, all items below are necessary and must be submitted. Completed application form Application fee payable to the City of Opa-locks by check or money order Copy of property owner's and/or applicant's driver license/photo I.D. & incorporation Documents (Inc., LLC, . ..) 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). 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). (Thc submitted property survey must not exceed a maximum of two (2) years from date created in order to be considered acceptable by the City of Opa-Iocka) Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) Narrative concept must be submitted with application AFFIDAVIT Guillermo Fernandez being first duly sworn, depose and say that I am the OWNER of the property ,and i unde "attiotIcthatictchis application must be complete and accurate before a public hearing can be advertised. 7F b, utar4A Signature Guillermo 'Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC 10/18/2021 Date Sworn to and subscribed before me: This 18 day of October , 2021 Notary Public Attach copy of identification Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires Diana Ramos Commission # GG 308355 Notary Public - State of Florida My Commission Expires Apr 10, 2023 DocVerity ID 007A4C1B-7561.4C3A-9A7F-GBC9AE1C8E46 Page 3 of 9 36BC9AE1C8E46 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 4 of 5 PLANNING & ZONING BOARD APPLICATION POWER OF ATTORNEY Received: By: Date: This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: Guillermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). Guillermo Fernandez, Manager of Rock and Dirt I Construction Equipment Rental, LLC being first duly sworn, depose and say that I am the owner of the property legally described as: See Attached I do give to Bercow Radell Fernandez Larkin & Tapanes, PLLC 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 Bercow Radell Fernandez Larkin & Tapanes, PLLC to negotiate and commit to the City Commission and City Acrrri-nistuaEionan my behalf. I will abide by all final determinations of the City Commission and City Administration. 4/FUES4UU6AF 4Al... Signature 10/18/2021 Date Sworn to and subscribed before me: This 18 day of October , 2021 Notary Public L Reference to Ordinance 15-13 Land Development Regulations' Zoning Code: Ordinance 15-31 My commission expires: Diana Ramos Commission # GG 308355 Notary Public - State of Florida My Commission Expires Apr 10, 2023 DocVerify 10-. 007/0C113-756I-4C3A•9A7F-GBC9AE IC8E46 Page 4 of 9 46BC9AE1C8E46 1111 MIMI HI DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Site Plan Checklist Planning and Community Development Department 780 Fisherman Street, Fourth Floor, Opa-locka, FL 33054 305-953-2868 ext. 1503 (tel.) 305-953-3060 (fax) Contact Information —Developer, Property Owner, or Contractor Name of Applicant / Developer / Property Owner (Circle One) Rock and Dirt Construction Equipment Rental, LLC Site Address / Location 2950-2990 NW 132 Terrace Telephone Number c/o Graham Penn 305 377 6229 Email Address c/o Graham Penn gpenn@brzoninglaw.com Date of Application 10/18/21 Pre -Application Procedures Prior to formal application for approval of any site plan, the applicant shall request and attend a mandatory pre -application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre -application conference, the applicant may be represented by his or her land planner, engineer and/or surveyor. Zoning Requirements A property within the City's corporate limits that is being proposed for development must be properly zoned by the City prior to submission of an application for approval of any site plan. In addition, the proposed development layout or design shown on the proposed site plan must be in conformance with all standards and requirements prescribed in the City's Land Development Code City Ordinance No. 15-31 and Miami -Dade County Subdivision Regulations adopted by City Ordinance No. 85-5 Completeness of Application Site Plan applications which do not include all required information and materials, as outlined below and per other City policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning Council agenda until the proper information is provided to City officials. Applicability Administrative Site plan review and approval shall be required for all nonresidential, mixed -use, townhouse, single-family attached and multi -family residential projects and structures and for any condition of special exception or conditional use as required by the Mayor and City Commission. 1 DoeVerify ID. 007A4C18-7561-4C3A-9A7F-6BC9AE1C8E46 Page 5 of 9 56BC9AE1C8E46 t;= DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Exceptions Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area. Site Plan Checklist The proposed site plan shall show the following information (other physical and engineering data shall be included in the engineering plans or as separate documents): 007A4C 13 7561 4C3A 9A7F-6F1C9AE1C8E46 --- 2021/10118 08 23 51 -8 00 cc z cc a 1. A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, total site acreage, and the location of the property according to the abstract and survey records of Miami -Dade County X X 2. The name and address of the owner/developer and the land planner, engineer, architect or surveyor responsible for the plan X X 3. The scale of the drawing (both written and graphic scale) X X 4. The date the drawing was prepared X 5. Zoning X 6. A vicinity or location map showing the location of the proposed development within the City and in relationship to existing roadways X 7. The boundary survey limits of the tract and each proposed lot/tract and scale distances with north clearly indicated X 8. The names of adjacent additions or subdivisions or the name of the owners of record with north clearly indicated and recording information for adjacent parcels of un-platted land, including parcels on the other sides of roads, canals, etc X X 9. The existing zoning and existing/proposed uses on adjacent land; X 10. The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract X 11. Any existing easements, with recording information X 12. Existing buildings X 13. Railroad rights -of -way X 14. Topography (contours at two -foot intervals) with existing drainage channels or creeks including the 100 -year flood plain, if applicable X 15. Any other important natural features, such as wetlands, wildlife habitats, and all substantial natural vegetation X 16. Proposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction X 17. The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets X 18. Lot/tracts and blocks X 19. Proposed driveways including driveway widths and distances between driveways X 20. Proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings X 21. Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities X 2 DocVerify ID: 007A4C18-7561.4C3A-9A7F-68C9AE1C8E46 www dOcvenfy com Page 6 of 9 66BC9AE1C6E46 ,III ,Iii I Do 2021/10f1 B 08'23 51 8 00 00744C1 B-7551-4C3A-9A7 F-BBC9AE 1 C8E Uaign tnveiope iu: HOU IDJ I C-uC. --rte, r -r e.rr-1..L.,I waic�-.av 22. Building heights X 23. Square footages (for multi -tenant or multi -purpose buildings, show square footage for each intended use), massing, orientation X X 24. Loading/service areas (including proposed screening) X 25. Recycling containers, compactors & dumpster enclosures X X (including proposed screening) 26. Pedestrian walkways X 27. Parking areas (including parking ratio calculations) X 28. Any proposed sites for parks, schools, public facilities, public or private open space X 29. Flood plains/drainage ways X 30. All proposed and existing utilities, easements and drainage structures X 31. Traffic Impact Statement X 32. Retention/detention ponds with proposed aesthetic treatments X 33. Screening walls; fences X 34. Signage location X 35. Fire lanes and fire hydrants X 36. Lighting X X 37. Visibility easements X X 38. Other pertinent development related features X X trees to be planted, and irrigation plans, if required X Tree Ordinance 10-03- For removal, relocation, or maintenance standards for trees. 40. Color building facade (elevation) plans showing elevations with any attached (wall -mounted) signage to be used, as determined appropriate by the City Manager, or his/her designee. X Effect of Approval The approval of a site plan shall be effective for a period of twelve (12) months beyond the date that the plan was approved by the City Commission. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void. Revisions to Approved Site Plan Minor Revisions/Amendments — It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan," which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager, or his/her designee, refuses to approve an amended site plan, then the applicant shall re -submit the amended site plan as a "revised site plan", whereupon the revised site plan shall be scheduled for consideration by the Planning Council and City Commission Major Revisions— In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the City Manager, or his/her designee, and reconsidered by the Planning Council and City Commission. Developer's Agreement — A Developer's agreement may be required for all development except for single-family homes or duplexes pursuant to Section 4.16 of City Ordinance No. 86-8. 3 DocVerify ID: 007A4C 1 B•7561-4C3A-9A7F-8BC9AE 1 C8E46 www docventy corn Page 7 of 8 76BC9AE1C8E46 IIII fuI II DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Applicant's Rock and Dirt Construction Equipment Rental, LLC Name Address Signed. Date 2101 NW 110 Avenue Doral Florida 33172 —Do�31��ed I,y. —4/FHES4006AF4A3... 10/18/2021 Guillermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC My signature certifies that I have been provided with a copy of the site plan checklist and have also had a pre -conference meeting with the Planning and Community Development staff. Reviewed by Planning Staff - Date of Pre -Conference Meeting - Date of Site Plan Review - 4 DocVcrify ID. OO7A4C1O.7561-4C3A•9A7F.GOC9AE1CBE4G Page 8 of 9 66BC9AE1CBE46 VIII e 11III DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 -EC1,4L -DESCRIPTION: THE WEST 101,615 FEET OF TI -4E SOUTH 1/2 OF LOT 19 AND THE WEST 101:615 FEET OF LOT 20, LESS THE SOUTHERLY 25 FEET, NILE GARDENS SECTION I AND II, OF SECTION 28, TOWNSHIP 52 SOUTH, RANGE 41 EAST, ACCORDING TO THE MAP OR PLAT AS RECORDED IN PLAT BOOK 31, PAGES) 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND THE WEST 21535 FEET OF THE EAST 538315 FEET OF THE SOUTH 1/2 OF LOT 19, AND THE WEST 21535 FEET OF THE EAST 538315 FEET OF LOT 20, LESS THE SOUTHERLY 25 FEET OF NILE GARDENS SECTION 1 1, OF SECTION 28, TOWNSHIP 52 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DocVerify ID: 0D7A4C1B-7561-4C3A-9A7F-6BC9AE7 C8E46 VOVN dOCVe!Ity.cam Page 9 of 9 96BC9AE1C8£46 1II1 1I III BERCOW RADELL FERNANDEZ LARKIN TAPANES ,,-er,.;.r�rroninolnv:.corn VIA ELECTRONIC SUBMITTAL April 14, 2022 Gregory Gay Director Planning & Community Development Department 780 Fisherman Street 4th Floor Opa-locka, Florida 33054 Re: Amended Applications for Site Plan Approval, Development Agreement, and Tentative Plat Approval for "Rock and Dirt Construction Equipment Rental, LLC" — 2950-2990 NW 132 Terrace (Folios 08-2128-004-0340 and 08-2128-004-0350). Dear Mr. Gay: We represent Rock and Dirt Construction Equipment Rental, LLC (the "Applicant") the owner of the two above - referenced parcels located at 2950-2990 NW 132 Terrace in Opa-Locka, Florida (the "Property"). Please consider this letter the Applicant's amended letter of intent supporting applications seeking site plan approval, the acceptance of a development agreement, and a tentative plat approval. The Property. The Property consists of the approximately 2.94 acres of land located at 2950-2990 NW 132 Street, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2128-004-0340 and 08-2128-004-0350, the legal description of which is attached hereto and made a part hereof as Exhibit "A." The Property has never been platted. Zoning. 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, including multiple "open lot" uses, such as rock pits and cement Gregory Gay Director Planning & Community Development Department Page 2 manufacturing uses. The 1-2 zone also permits all of the uses allowed in the City's 1-1 zoning district, which permits motor garages and transportation terminals. Proposed Development. The Applicant proposes to improve the existing commercial structure on the Property, install modern access drives and parking, erect perimeter walls, plant extensive new landscape, and dedicate and improve perimeter streets. In order to further reduce the potential impacts of the use, the Applicant has added a proposed maintenance building to the plan, which will allow the applicant to conduct routine maintenance, such as tire replacements, in a fully enclosed structure. The addition of the maintenance structure to the proposed operation will significantly reduce potential visual or noise impacts from the activities. In essence, the Applicant proposes a modern industrial use on the site, a marked improvement to both the Property and the surrounding area. Application Requests. In order to realize the proposed development plan, the Applicant has filed three separate applications, requesting the following: 1. Final site plan approval for the proposed development. 2. The acceptance of a development agreement pursuant to Section 22-112 of the Land Development Regulations. 3. Tentative Plat approval. Site Plan Approval. As explained above, the Applicant proposes to develop the Property with a use that incorporates office space, a detached maintenance building, and open storage. The submitted plans meet, or exceed, all of the relevant code requirements. The following will include a discussion of the relevant site plan review standards of Section 22-55(H) and the compliance of the proposed development with each criterion. 1. The development permitted by the application, if granted, conforms to the Comprehensive Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered. The proposed use is consistent with the Property's designation and compatible with the surrounding area. The development plan will be the first industrial use in Bercow Radek Fernandez Larkin & Tapanes 1 305 377.6229 direct , 305.377 6222 fax 1 gpenn@brzoninglaw.com Gregory Gay Director Planning & Community Development Department Page 3 the area to meet the City current development standards and will serve as an example to surrounding sites. 2. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the City. The proposed development represents a significant modernization of the Property, which will, in turn, positively impact property values and improve the overall neighborhood. 3. The development permitted by the application, if granted, will efficiently use or not unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction. The proposed development will have a minimal impact on City facilities and will bring modern infrastructure to the site for the first time, including the development of the relevant half of three City rights of way. 4. The development permitted by the application, if granted, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways. The proposed development will have a minimal impact on City roads and will be directly accessible from City streets, which will be improved at no cost to the public. Development Agreement. As required by Section 22-112 of the Land Development Regulations, the Applicant has filed a draft Development Agreement and has agreed to the following statement at the time of filing: An acceptable Developer Agreement pursuant to Florida Statute 163.3220 shall be signed by the Applicant and adopted by the City Commission prior to receiving a building permit. The agreement shall include provisions in addition to the requirements of Florida Statutes to guarantee, but not be limited to the following items (as applicable and agreed by the Applicant and City): Bercow Radell Fernandez Larkin & Tapanes 1305 377.6229 direct 1305 377.6222 fax 1gpenn@brzoninglaw.com Gregory Gay Director Planning & Community Development Department Page 4 1. All impacted public facilities shall be adequate to serve the Property at an acceptable level of service (L.O.S.) prior to receiving a Certificate of Occupancy. 2. All public improvements required by a government agency or voluntarily proposed by the Applicant to be installed by the applicant; i.e. water and sewer, sidewalks, roads, turn lanes, etc. shall either be constructed in accordance with applicable governmental regulations prior to a Certificate of Occupancy or the City shall receive an acceptable guarantee such as a cash bond or letter of credit. 3. The applicant agrees to abide by and not deviate from the terms of its graphic and verbal presentation submitted to the City Commission in order to receive a Development Order. Such items include, but are not specifically limited to; A) Design of all physical structures, water bodies, private and public improvements. B) The color and dimensional characteristics of all building materials. 4. The applicant guarantees to preserve and maintain all buildings and structures consistent with the original development order for the entire period in which the applicant owns the land or controls 51% ownership of the property. 5. The applicant shall submit annual reports and additional documentation as required by the City Commission in its development order to verify "on -going" compliance with its development order. After approvals of any development, the City shall conduct inspections minimally twice a year to verify ongoing compliance. 6. Subsequent to receiving a development order the design of all structures, materials and colors included in the applicant's documentation shall not be physically altered or substituted. The burden shall be on the applicant to prove that the material or color is no longer available. 7. A schedule of construction phasing, if applicable. Bercow Radeli Fernandez Larkin & Tapanes 1 305 377.6229 direct 1 305 377 6222 fax 1 gpenn@brzoninglaw.com Gregory Gay Director Planning & Community Development Department Page 5 8. Any service impact mitigation measures to which the applicant has committed. 9. A requirement that the applicant, his successors or assigns, shall comply with the requirements of the final development order. 10. An agreement to provide necessary public improvement bonds, legal agreements, etc. 11. An agreement to allow the City to enter the property and inspect said property for compliance with the other pertinent provisions of the Developer Agreement. 12. Compliance with Resolution No. 5058, the Fair Share Agreement Resolution. Conclusion. We look forward to your review and recommendation on our applications. If you have any questions or concerns regarding this I tter, please do not hesitate to phone my direct line at (305) 377-6229 or nd me an email at gpenn@brzoninglaw.com. Bercow Radell Fernandez Larkin & Tapanes ; 305 377 6229 direct 1 305 377 6222 fax , gpenn@brzoninglaw.com Kt! rdr mom! I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 October 18, 2021 City of Opa-Locka Planning and Community Development 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Re: Property owners within 375 feet of: SUBJECT: 2950 NW 132 Terrace, Opa-Locka, FL 33054 FOLIO NUMBER: 08-2128-004-0350 ABBREV. LEGAL DESCRIPTION: 28-29 52 41 2.28 AC NILE GDNS SEC 2 PB 31-42 W215.35FT OF E538.375FT OF S1/2 OF LOT 19 & W215.35FT OF E538.375FT OF LOT 20 LESS SLY25FT SUBJECT: 2990 NW 132 Terrace, Opa-Locka, FL 33054 FOLIO NUMBER: 08-2128-004-0340 ABBREV. LEGAL DESCRIPTION: 28-29 52 41 1.14 AC NILES GARDENS SEC 2 PB 31-42 W107.675FT OF S1/2 OF LOT 19 & W107.675FT OF LOT 20 LESS S25FT This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 375 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on file in the Miami -Dade County Property Appraisers' Office. Sincerely, Diana B. Rio Total number of property owners without repetition: 56, including 0 international Rio Development Resources, LLC «RDR'j has used its best efforts in collecting the information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local govemment. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and all losses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this report. rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com 1 diana@rdrmiami.com 1 305.498.1614 375' RADIUS MAP r? N SUBJECT: 2950 NW 132 Terrace, Opa-Locka, FL 33054 FOLIO NUMBER: 08-2128-004-0350 ABBREV. LEGAL DESCRIPTION: 28-29 52 41 2.28 AC NILE GDNS SEC 2 PB 31-42 W215.35FT OF E538.375FT OF S1/2 OF LOT 19 &W215.35FT OF E538.375FT OF LOT 20 LESS SLY25FT SUBJECT: 2990 NW 132 Terrace, Opa-Locka, FL 33054 FOLIO NUMBER: 08-2128-004-0340 ABBREV. LEGAL DESCRIPTION: 28-29 52 41 1.14 AC NILES GARDENS SEC 2 PB 31-42 W107.675FT OF S1/2 OF LOT 19 & W107.675FT OF LOT 20 LESS S25FT LIST OF PROPERTY OWNERS WITHIN 375' RADIUS OF THE SUBJECT PROPERTY (IES): LEGAL DESCRIPTION, SITE ADDRESS, FOLIO NUMBER NA ME, MAILING ADDRESS NILE GARDENS SEC 2 RESUB PB 52-94 LOT 3 BLK 365 LOT SIZE 8100 SQUARE FEET OR 10703-984 0380 6 3050 NW 134TH ST OPA-LOCKA, FL 33054 0821280050110 NILE GARDENS SEC 2 RESUB PB 52-94 LOT 1 BLK 365 L OT SIZE 8100 SQUARE FEET OR 18886-0851 1099 1 COC 24301-1293 24726-4608 0206 1 3030 NW 134TH ST OPA-LOCKA, FL 33054 0821280050090 NILE GARDENS SEC 2 RESUB PB 52-94 LOT 2 BLK 365 LOT SIZE 8100 SQUARE FEET OR 19423-1680 1200 1 COC 23899-3687 07 2005 1 3040 NW 134TH ST OPA-LOCKA, FL 33054 0821280050100 RON-CLAIRE GARDENS PB 129-80 LOT 1 LOT SIZE 2750 SQ FT OR 20760-0405 1002 1 3143 NW 132ND TER OPA-LOCKA , FL 33054 0821280250010 NILE GARDENS SEC 2 PB 31-42 E5OFT OF W545FT OF N160FT OF TR 27 LESS S15FT LOT SIZE 7250 SQ FT OR 21406-3632 072003 1 COC 26503-1052 07 2008 3 3009 NW 132ND TER OPA-LOCKA, FL 33054 0821280040450 4PLEX LLC 7959 W 28 AVE HIALEAH, FL 33016 4PLEX LLC 7959 WEST 28 AVE HIALEAH, FL 33016 4PLEX LLC 7959 WEST 28 A VE HIALEAH, FL 33016 A & A NO LIMITS LLC 7025 NW 169 ST HIALEAH, FL 33015 ALEXIS L OPEZ MONTERO 3009 NW 132 TER OPA L OCKA, FL 33054 28-29 52 41 .23 AC NILES GARDENS SEC 2 PB 31-42 N1/2 OF TR 19 LESS E556FT & LESS ANNIE SHORTER W15FT & LESS S25FT LOT SIZE 10020 SQUARE FEET OR 18347-1401 1098 4 VERONICA H ARRELL J AMES 13280 NW 31ST AVE MICHELLE CLARK O PA-LOCKA, FL 33054 2130 NW 152 ST 0821280040281 OPA LOCKA, FL 33054 28 52 41 CAMERON PROPERTY PB 65-102 LOT 19-A LOT SIZE 5500 SQUARE FEET OR 9623 1358 CO C 24563-1083 05 2006 1 3156 NW 132ND TER OPA-LOCKA, FL 33054 0821280150190 28-29 52 41 .37 AC NILE GARDENS SEC 2 PB 31-42 E100FT OF W425FT OF S160FT OF TR 27 LO T SIZE 16000 SQUARE FEET OR 21107-2856 0303 3 3144 NW 132ND TER OPA-LOCKA, FL 33054 0821280040410 28-29 52 41 .28 AC 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20 L OT SIZE 7537 SQUARE IDMA HOLDINGS LLC FEET OR 21265-3793 1202 4 OR 17287-2184 0696 2 13050 NW 30 AVE N/A OPA LOCKA, FL 33054 O PA-LO CKA, FL 33054 0821280040330 NILE G ARDENS SEC 2 PB 31-42 PORT OF LOTS 29 & 30 DESC BEG 25FT S & 25FT W OF NE COR LOT 29 TH S383.55FT W602.96FT N117FT E139 .20FT N71.55FT E325FT N195FT E138 .50FT TO POB 3100 NW 131ST ST OPA-LOCKA, FL 33054 0821280040470 28-29 52 41 .767AC NILE GARDENS SEC 2 PB 31-42 S209FT OF N295FT OF W160FT OF E185FT OF TR 28 LO T SIZE 33440FT OR 15957-4788 0693 1 13180 NW 31ST AVE OPA-LOCKA, FL 33054 0821280040461 28-29 52 41 . 28 AC NILE G ARDENS SEC 2 PB 31-42 W75FT OF E406FT OF N1/2 TR 19 LOT SIZE 12197 SQUARE FEET OR 21375-3726-27 06/2003 4 2941 NW 132ND TER OPA-LOCKA, FL 33054 0821280040310 INST ANT STORAGE OF FLORIDA INC PO BOX 82515 BAKERSFIELD, CA 93380 JOSE POLO 11957 SW 17 CT MIRAMAR, FL 33025-5606 JULISSA DEL S OCORRO GARAY 2941 NW 132 TER OPA LOCKA, FL 33054 NILE GDNS SEC 2 RESUB PB 52-94 N50FT OF LO T 6 BLK 365 LOT SIZE 5900 SQUARE FEET OR LEAMON HANES TYRE SR LE 10125-100 0878 1 RE M LEAMON HANES TYRE JR 13315 NW 31ST AVE REM CASSANDRA L ADELL TYRE OPA-LOCKA, FL 33054 13315 NW 31 AVE 0821280050140 OPA LOCKA, FL 33054-4813 NILE GARDENS SEC 2 PB 43-84 LOT 18 BLK 2 LOT SIZE 6750 SQ FT OR 18564-3466 0399 1 COC 23062-4899 01 2005 6 3119 NW 133RD ST OPA-LO CKA, FL 33054 0821280060330 28-29 52 41 .21 AC NILE GARDENS SEC 2 PB 31-42 N60FT OF S70FT OF E150FT OF TRACT 18 LO T SIZE 9000 SQUARE FEET OR 17191-4986/4987 0196 1 13340 NW 30TH AVE O PA-LOCKA, FL 33054 0821280040250 28-29 52 41 . 40 AC NILE GARDENS SEC B PB 31-42 E108FT OF W533FT OF S160FT OF TR 27 OR 14592-2489 0490 3 3128 NW 132ND TER OPA-LOCKA, FL 33054 0821280040440 LOUISE LEWIS 2022 LITTLE TORCH ST RIVERA BEACH, FL 33607 LUCINA MICHEL 13340 NW 30 AVE OPA LOCKA, FL 33054 MARIA DE LOS ANGELES CRUZ 360 W 64 ST HIALEAH, FL 33012 5 NILE GDNS SEC 2 RESUB PB 52-94 S17 .5FT OF LOT 6 & ALL LOT 7 BLK 365 LOT SIZE 10030 SQUARE FEET OR 16153-4809 1293 4 COC 24849-2931 08 2006 4 13301 NW 31ST AVE OPA-LOCKA, FL 33054 0821280050150 PA-LO CKA SUB SEC ONE PB 91-15 LOTS 3 THRU 5 BLK 1 LOT SIZE 38025 SQ FT OR 17502- MIAMI D ADE COUNTY 0993 0197 3(2)1 CED S 31120 NW 131ST ST 701 NW 1 CT 14TH FL OPA-LO CKA, FL 33054 MIA MI, FL 33136 0821280190012 PA-LOCKA SUB SEC ONE PB 91-15 LOTS 1 & 2 BLK 1 L OT SIZE 25350 SQ FT OR 17502-0993 MIA MI DADE C OUNTY 0197 3(2) CED 3150 NW 131ST ST 701 NW 1 CT 14TH FL OPA-LOCKA , FL 33054 MIA MI, FL 33136 0821280190010 MARY C FORRISTALL 12215 UPPER MANATEE RIVER RD BRADENTON, FL 34212 28-29 52 41 NILES GDNS SEC 2 PB 31-42 N105FT OF E107 .675FT OF S1/2 OF TR 19 LOT SIZE MIAMI-DADE C OUNTY 11340 SQ FT OR 22207-3408 0404 3 GSA R/E MGMT 2910 NW 132ND TER 111 NW 1 ST STE 2460 OPA-LOCKA, FL 33054 MIAMI, FL 33128-1929 0821280040331 28-29 52 41 . 853 AC NILE GDNS SEC 2 PB 31-42 S1/2 OF E252FT OF W482FT OF TR 28 LESS OPA LOCKA PALLETS INC S25FT F/A/U 08-2128-004-0460 1795 W 65 ST N/A HIALEAH, FL 33012-6111 OPA-LOCKA, FL 33054 0821280040465 28-29 52 41 .853 AC NILES G DNS SEC 2 PB 31-42 N1/2 OF E252FT OF W482FT OF TR 28 OR 17306-0027 0896 2 (2) 13180 NW 31ST AVE OPA-LOCKA, FL 33054 0821280040460 28 52 41 NILE GDNS SEC 2 PB 43-84 LOTS 2 & 3 BLK 2 LOT SIZE 100. 000 X 135 OR 18206-2440 0798 1 COC 21612-3464 07 2003 1 3120 NW 134TH ST O PA-LO CKA, FL 33054 0821280060190 NILE GARDENS SEC 2 PB 43-84 W5OFT OF LOT 20 BLK 2 LO T SIZE 6750 SQ FT OR 13828-3132 0988 5 COC 21776-1354 10 2003 1 3105 NW 133RD ST OPA-LOCKA, FL 33054 0821280060351 RICHARDS FIRST PB 90-93 LOT 3 BLK 1 LO T SIZE 6030 SQ FT OR 20679-1088 0902 1 COC 24599-2295 02 2006 4 13170 ASWAN RD OPA-LOCKA, FL 33054 0821280180030 OPA LOCKA PALLETS INC 3180 NW 131 ST OPA L OCKA, FL 33054 ORLANDO SUARES EST OF 3120 NW 134 ST OPA LOCKA, FL 33054-4826 PAULETTE B HAYES 3105 NW 133 ST OPA LOCK A, FL 33054-4896 PF RENTAL DEVELOP MENT LLC 1205 S 21 AVE HOLLYWOOD, FL 33020-6936 NILE GA RDENS SEC 2 RESUB PB 52-94 LOTS 8 THRU 10 BLK 365 & TR 18 LESS N175FT & PORTALES 51 LLC 6 LESS W323FT & LESS N60FT OF S70FT OF E150FT OF NILE GARDENS SEC 2 PB 31-42 13350 ASWAN RD OPA-LOCKA, FL 33054 0821280050160 28 52 41 .24 AC PB 51-17 EAST VIEW GARDEN -LAKE ADDN LOT 7 BLK 360 L OT SIZE 10430 SQUARE FEET OR 18988-4487 0200 4 N/A OPA-LOCKA, FL 33054 0821280020080 28 52 41 .22 AC PB 51-17 EAST VIEW GARDEN -LAKE ADDN LOT 6 BLK 360 LOT SIZE 9687 SQUARE FEET COC 24478-4126 04 2006 1 N/A OPA-LOC KA, FL 33054 0821280020070 28-29 52 41 . 28 AC NILE GA RDENS SEC 2 PB 31-42 W75FT OF E256FT OF N1/2 TR 19 LOT SIZE 8092 SQUARE FEET OR 16665-2940 0195 1 COC 22768-2272 10 2004 1 2925 NW 132ND TER OPA-LOCKA, FL 33054 0821280040290 28 52 41 1.23 AC EAST VIEW GARDEN - LAKE ADDN PB 51-17 TR A LESS E173FT & LESS W125FT LOT SIZE 53476 SQ FT OR 17101-0707 0296 1 3051 NW 129TH ST OPA-LO CKA, FL 33054 0821280020010 NILE GARDENS SEC 2 PB 31-42 W60FT OF E75FT OF N145FT OF TR 27 LOT SIZE 8700 SQUARE FEET OR 18959-4214 01 2000 6 13290 NW 31ST AVE OPA-LOCKA, FL 33054 0821280040431 28 52 41 .92 AC M/L PB 51-17 EAST VIEW GARDEN -LAKE A DDN LO TS 1 & 2 BLK 361 & E173FT OF N1/2 OF TRACT A LOT SIZE 40075 SQ FT OR 17015-3434-3435 1195 4 12980 NW 30TH AVE OPA-LOCKA, FL 33054 0821280020100 7959 W 28 AVE HIALEAH, FL 33016 R AND D ELECTRIC PROPERTIES LLC 7447 NW 48 ST MIAMI, FL 33166 R&D ELECTRIC PROPERTIES LLC 7447 NW 48 ST MIAMI, FL 33166 RAFAEL M ONTE RROZA 1211 NW 27 AVE POMPANO BEACH, FL 33069 RAMO PROPERTIES INC 2743 FIRST STREET #1303 FORT MYERS, FL 33916 RAMON A ESCOBAR 13290 NW 31 AVE OPA LOCKA, FL 33054-4912 ROBERT UPTHEGROVE 12980 NW 30 AVE OPA LOCK A, FL 33054-5028 28-29 52 41 2.28 AC CO C 19518-2811 02 2001 2 NILE GDNS SEC 2 PB 31-42 W215. 35FT OF E538.375FT OF S1/2 OF LOT 19 & W215.35FT OF E538.375FT OF LOT 20 LESS SLY25FT 2950 NW 132ND TER OPA-LOCKA, FL 33054 0821280040350 28-29 52 41 1. 14 AC NILES GARDENS SEC 2 PB 31-42 W107. 675FT OF S1/2 OF LO T 19 & W107.675FT OF LOT 20 LESS S25FT LO T SIZE IRREGULAR 74R229080 2990 NW 132ND TER OPA-LOCKA, FL 33054 0821280040340 ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL LLC 2101 NW 110 AVE MIAMI, FL 33172 R OCK AND DIRT CONSTRUCTION EQUIPMENT RENT AL LLC 2101NW110AVE DORAL, FL 33172 7 28 52 41 CAMERON PROPERTY PB 65-102 LOT 1-A LOT SIZE 5500 SQU ARE FEET OR 19037- 2300 0300 1 COC 22542-3603 07 2004 1 3157 NW 132ND TER OPA-LOCKA, FL 33054 0821280150010 28-29 52 41 .76 AC COC 26127-1635 12 2007 1 NILES GARDENS SEC 2 PB 31-42 BEG 323 .025FT W OF NE COR OF S1/2 TR 19 TH S288FT E115FT N288FT W115FT TO POB 2930 NW 132ND TER OPA-LO CKA, FL 33054 0821280040360 RYAN J OSEPH 14421 NW 2 AVE MIAMI, FL 33168-4123 THE F ORCE H OLDING LLC 13181 NW 32 AVE OPA LOCKA, FL 33054 28 52 41 NILE GDNS SEC 2 PB 43-84 LOT 1 BLK 2 LOT SIZE 105.970 X 135 OR 18122-0473 0598 TULA R ORBE 1 3110 NW 134 ST 3110 NW 134TH ST OPA LOCKA, FL 33054-4826 OPA-LOCKA, FL 33054 0821280060180 28-29 52 41 . 95 AC COC 21821-2302 10 2003 1 NILES GARDENS SEC 2 PB 31-42 BEG WALFRIDO FERNANDEZ 323.025FTW & 288FTS OF NE COR OF S1/2 TR 19 FOR POB TH E215.35FT S192FT DELMIS MIREYA GARCIA N/A 1435 W 31 ST OPA-LOCKA, FL 33054 HIALEAH, FL 33012-4727 0821280040361 28 52 41 NILE GARDENS SEC 2 PB 43-84 LOT 16 BLK 2 LOT SIZE 50.000 X 135 OR 12881-1250 WELLS FARGO B ANK N A TRS 0586 1 C/O OCWEN LOAN SERVICING LLC 3141 NW 133RD ST ABFC 2004 OPT5 TRUST OPA-LOCKA, FL 33054 1661 WORTHINGTON RD 100 0821280060320 WEST PALM BEACH, FL 33409 28 52 41 NILE GARDENS SEC 2 PB 43-84 LOT 17 BLK 2 LOT SIZE 50.000 X 135 OR 19275-3162 0900 1 COC 24539-1303 05 2006 1 3109 NW 133RD ST OPA-LOCKA, FL 33054 0821280060321 28 52 41 NILE GDNS SEC 2 RESUB PB 52-94 LOT 5 BLK 365 LOT SIZE 7965 SQUARE FEET OR 20627-0515 0802 1 COC 23452-3129 06 2005 1 13341 NW 31ST AVE OPA-LOCKA, FL 33054 0821280050130 WILLIAM MARZO KENNY VIAFARA 3109 NW 133 ST OPA LOCKA, FL 33054 YENNIFER S MATEO 13441 NW 31 AVE OPA LOCK A, FL 33054 8 4PLEX LLC 7959 W 28 AVE HIALEAH, FL 33016 ANNIE SHORTER VERONICA HARRELL JAMES MICHELLE CLARK 2130 NW 152 ST OPA LOCKA, FL 33054 BEST HOME DEVELOPMENT LLC 360 W 64 ST HIALEAH, FL 33012 BRENDA CABRERA 4111 NW 37 AVE LOT 8221 MIAMI, FL 33142 CRUX INVESTMENTS LLC 2645 EXECUTIVE PARK DR 144 WESTON, FL 33331 DANIEL RAMOS & DANIEL RAMOS HERNANDEZ 3006 NW 132 TERR OPA LOCKA, FL 33054-4944 DELVIN SCOTT 3020 NW 174 ST MIAMI, FL 33056-4039 ELIZABETH CONCEPCION EST OF 2971 NW 132 TERR OPA LOCKA, FL 33054-4926 GLORIETA PARTNERS LTD 8895 N MILITARY TRL STE 201 E PALM BEACH GARDENS, FL 33410 INSTANT STORAGE OF FLORIDA INC PO BOX 82515 BAKERSFIELD, CA 93380 A & A NO LIMITS LLC 7025 NW 169 ST HIALEAH, FL 33015 ANSELMO GARCIA IZQUIERDO RAMONA PINERO BRITO 3156 NW 132 TER OPA LOCKA, FL 33054 BLD INVESTMENTS LLC 2424 TYLER ST KENNER, LA 70062 CASSANDRA L STURRUP 1200 NE 200 TERR MIAMI, FL 33179-2674 DADE COUNTY CONSULTING SERVICES LLC 19220 E ST ANDREWS DR MIAMI LAKES, FL 33015 DAVID CURRIETHERS &W EUNICE 16070 NE 11 AVE MIAMI, FL 33162-5431 EDGAR F MOSCOSO 19596 SW 130 AVE MIAMI, FL 33177 ELU LLC 3431 NE 210 ST AVENTURA, FL 33180 IBONE 17 LLC 3616 SW 57 AVE MIAMI, FL 33155 JOSE POLO 11957 SW 17 CT MIRAMAR, FL 33025-5606 ALEXIS LOPEZ MONTERO 3009 NW 132 TER OPA LOCKA, FL 33054 BARBARO RIOS 3144 NW 132 TERR OPA LOCKA, FL 33054-4923 BMI INVESTMENTS LLC 723 NE 193 ST MIAMI, FL 33179 CITY OF OPA LOCKA 12950 LEJEUNE RD MIAMI, FL 33054-4403 DAIANA LOPEZ 3141 NW 132 TER OPA LOCKA, FL 33054 DAYSIE TORUNO 3005 NW 132 TER OPA LOCKA, FL 33054 EDWARD E SMITH 2911 NW 132 TER OPA LOCKA, FL 33054-4926 GAIL L WILLIAMS 2100 NW 86 TERR MIAMI, FL 33147-4243 IDMA HOLDINGS LLC 13050 NW 30 AVE OPA LOCKA, FL 33054 JULISSA DEL SOCORRO GARAY 2941 NW 132 TER OPA LOCKA, FL 33054 LEAMON HANES TYRE SR LE REM LEAMON HANES TYRE JR REM CASSANDRA LADELL TYRE 13315 NW 31 AVE OPA LOCKA, FL 33054-4813 MARIA DE LOS ANGELES CRUZ 360 W 64 ST HIALEAH, FL 33012 MIAMI-DADE COUNTY GSA R/E MGMT 111 NW 1ST STE 2460 MIAMI, FL 33128-1929 ORLANDO SUARES EST OF 3120 NW 134 ST OPA LOCKA, FL 33054-4826 PORTALES 51 LLC 7959 W 28 AVE HIALEAH, FL 33016 RAMO PROPERTIES INC 2743 FIRST STREET #1303 FORT MYERS, FL 33916 ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL LLC 2101 NW 110 AVE MIAMI, FL 33172 TULA R ORBE 3110 NW 134 ST OPA LOCKA, FL 33054-4826 WILLIAM MARZO KENNY VIAFARA 3109 NW 133 ST OPA LOCKA, FL 33054 LOUISE LEWIS 2022 LITTLE TORCH ST RIVERA BEACH, FL 33607 MARY C FORRISTALL 12215 UPPER MANATEE RIVER RD BRADENTON, FL 34212 OPA LOCKA PALLETS INC 1795 W 65 ST HIALEAH, FL 33012-6111 PAULETTE B HAYES 3105 NW 133 ST OPA LOCKA, FL 33054-4896 R&D ELECTRIC PROPERTIES LLC 7447 NW 48 ST MIAMI, FL 33166 RAMON A ESCOBAR 13290 NW 31 AVE OPA LOCKA, FL 33054-4912 RYAN JOSEPH 14421 NW 2 AVE MIAMI, FL 33168-4123 WALFRIDO FERNANDEZ DELMIS MIREYA GARCIA 1435 W 31 ST HIALEAH, FL 33012-4727 YENNIFER S MATEO 13441 NW 31 AVE OPA LOCKA, FL 33054 LUCINA MICHEL 13340 NW 30 AVE OPA LOCKA, FL 33054 MIAMI DADE COUNTY CED 701 NW 1 CT 14TH FL MIAMI, FL 33136 OPA LOCKA PALLETS INC 3180 NW 131 ST OPA LOCKA, FL 33054 PF RENTAL DEVELOPMENT LLC 1205 S 21 AVE HOLLYWOOD, FL 33020-6936 RAFAEL MONTERROZA 1211 NW 27 AVE POMPANO BEACH, FL 33069 ROBERT UPTHEGROVE 12980 NW 30 AVE OPA LOCKA, FL 33054-5028 THE FORCE HOLDING LLC 13181NW32AVE OPA LOCKA, FL 33054 WELLS FARGO BANK N A TRS CIO OCWEN LOAN SERVICING LLC ABFC 2004 OPT5 TRUST 1661 WORTHINGTON RD 100 WEST PALM BEACH, FL 33409 �/erify Completed Forms Development Agreement - signed.pdf DocVerify ID: 007A4C1 B-7561-4C3A-9A7F-6BC9AE1 C8E46 Created: October 18. 2021 08:23:51 -8:00 Pages: 9 Electronic Notary: Yes 1 State: FL r E -Signature Summary E -Signature Notary: Diana Ramos (dra) October 18, 2021 08:27:33 -8:00 [28AB03A02B4F] [162.244.152.118] dramos@brzoninglaw.com DocVerify ID 007A4C1 B-7511-4C3A.9A7F.BBCOAE1C8E4G i 11111111111111111111111111111111111111IIII 111111111111111IIIIII1111111 Generated Cover Page 6BC9AE1C8E46 1111 11111 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 1 of 5 " THE GREAT CITY " /n/Ci y i / nn Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: $ New Fees as of October 1, 2015 FY 2020-2021 Meeting Dates 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 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. (time and location are subject to change, please check with the Planning and Community Development Department for exact time and location of the meetings). 4. Application package must include all required documents per checklist and fees of The City of Opa-locka. The application will be reviewed by the Department and will be scheduled for the 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 Land Development Regulations/ Zoning Code: Ordinance 15-31 Gann. Ramos 7F•6 BC9AE1 C8E46 sme,cvelen.ee ,r 32 Page 1 of 9 16BC9AE1C8E46 1111 MIMI111 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 2 of 5 APPLICATION NUMBER: " THE GREAT CITY " ©pal-A8C M glorickt PLANNING & ZONING BOARD APPLICATION PROPERTY OWNER'S NAME: Received: By: Date: CHECK NUMBER: DATE RECEIVED: Rock and Dirt Construction Equipement Rental, LLC PROPERTY OWNER'S ADDRESS: 2101 NW 110 Avenue Doral Florida 33172 Number/Street City State/Zip Code APPLICANT'S NAME: Same as Owner APPLICANT'S ADDRESS: Number/Street City State/Zip Code PHONE NUMBER: OFFICE HOME OTHER SUBJECT PROPERTY ADDRESS: 2950 - 2990 NW 132 Terrace Number/Street TAX FOLIO NUMBER: 08-2128-004-0340, 08-2128-004-0350 PRESENT ZONING: I-2 LEGAL DESCRIPTION: See attached Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment: Small Scale; Large Scale (please specifj' type 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 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 Codc: Ordinance 15-31 DocVerify ID: 007A4C1B-7561.4C3A.9A7F-6BC9AE1 C8E46 L/ CloCvenfy cow Page 2 of 9 26BC9AE1C8E46 1111 ��III DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 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. Completed application form Application fee payable to the City of Opa-locks by check or money order Copy of property owner's and/or applicant's driver license/photo I.D. & Incorporation Documents (Inc., LLC, . ..) 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). 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-locks) 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 Scaled Copies 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) Narrative concept must be submitted with application AFFIDAVIT Guillermo Fernandez , being first duly sworn, depose and say that I am the OWNER of the property ,and I undesatemdcthutgdnifs application must be complete and accurate before a public hearing can be advertised. '-4(I- b, OEAF4A Signature uumermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC 10/18/2021 Date Sworn to and subscribed before me: This 18 day of October , 2021 Notary Public Attach copy of identification Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 DocVerily ID 007A4C113•7561.4C3A-9A7r-GBC9AE1C8646 My commission expires Q fl_A_A t f A A 4, A A A Diana Ramos Commission # GG 308355 Notary Public - State of Florida My Commission Expires Apr 10, 2023 Page 3 of 9 36BC9AE1C8E46 III DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Page 4 of 5 PLANNING & ZONING BOARD APPLICATION POWER OF ATTORNEY Received: By: Date: This forth is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: Guillermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). Guillermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC , being first duly sworn, depose and say that I am the owner of the property legally described as: See Attached I do give to Bercow Radell Fernandez Larkin & Tapanes, PLLC 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 Bercow Radell Fernandez Larkin & Tapanes, PLLC to negotiate and commit to the City Commission and City Act -11.40M eon kin my behalf. I will abide by all final determinations of the City Commission and City Administration. `— 4 /F HSh54uuEAr4Ad... Signature 10/18/2021 Date Sworn to and subscribed before me: This 18 day of October , 2021 Notary Public L Reference to Ordinance 15-13 Land Development Regulations' Zoning Code: Ordinance 15-31 DocVerify ID 007A4CIB-7561•4C3A-9A7F-6BC9AE1C8E46 My commission expires: Diana Ramos Commission # GG 308355 Notary Public - State of Florida My Commission Expires Apr 10, 2023 Pape 4 of 9 46BC9AE1CSE46 1111 11111 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Site Plan Checklist Planning and Community Development Department 780 Fisherman Street, Fourth Floor, Opa-locka, FL 33054 305-953-2868 ext. 1503 (tel.) 305-953-3060 (fax) Contact Information —Developer, Property Owner, or Contractor Name of Applicant / Developer / Property Owner (Circle One) Rock and Dirt Construction Equipment Rental, LLC Site Address / Location 2950-2990 NW 132 Terrace Telephone Number c/o Graham Penn 305 377 6229 Email Address c/o Graham Penn gpenn@brzoninglaw.com Date of Application 10/18/21 Pre -Application Procedures Prior to formal application for approval of any site plan, the applicant shall request and attend a mandatory pre -application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre -application conference, the applicant may be represented by his or her land planner, engineer and/or surveyor. Zoning Requirements A property within the City's corporate limits that is being proposed for development must be properly zoned by the City prior to submission of an application for approval of any site plan. In addition, the proposed development layout or design shown on the proposed site plan must be in conformance with all standards and requirements prescribed in the City's Land Development Code City Ordinance No. 15-31 and Miami -Dade County Subdivision Regulations adopted by City Ordinance No. 85-5 Completeness of Application Site Plan applications which do not include all required information and materials, as outlined below and per other City policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning Council agenda until the proper information is provided to City officials. Applicability Administrative Site plan review and approval shall be required for all nonresidential, mixed -use, townhouse, single-family attached and multi -family residential projects and structures and for any condition of special exception or conditional use as required by the Mayor and City Commission. 1 DocVerify ID: 007A4C18-7561-4C3A-9A7F-6BC9AE1C8E46 Page 5 of 9 56BC9AE1C8E46 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Exceptions Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area. Site Plan Checklist The proposed site plan shall show the following information (other physical and engineering data shall be included in the engineering plans or as separate documents): 007A4C 1 B 7561 4C3A AA7F-6FtC9AE 1 C8E46 --- 2021/10/18 08.23 51 .8 00 Required a z Requested Provided 1. A title block within the lower right hand corner of the site plan with the proposed name of the projecUsubdivision, total site acreage, and the location of the property according to the abstract and survey records of Miami -Dade County X X 2. The name and address of the owner/developer and the land planner, engineer, architect or surveyor responsible for the plan X X 3. The scale of the drawing (both written and graphic scale) X X 4. The date the drawing was prepared X 5. Zoning X 6. A vicinity or location map showing the location of the proposed development within the City and in relationship to existing roadways X 7. The boundary survey limits of the tract and each proposed lot/tract and scale distances with north clearly indicated X 8. The names of adjacent additions or subdivisions or the name of the owners of record with north clearly indicated and recording information for adjacent parcels of un-platted land, including parcels on the other sides of roads, canals, etc X X 9. The existing zoning and existing/proposed uses on adjacent land; X 10. The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract X 11. Any existing easements, with recording information X 12. Existing buildings X 13. Railroad rights -of -way X 14. Topography (contours at two -foot intervals) with existing drainage channels or creeks including the 100 -year flood plain, if applicable X 15. Any other important natural features, such as wetlands, wildlife habitats, and all substantial natural vegetation X 16. Proposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction X 17. The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets X 18. Lot/tracts and blocks X 19. Proposed driveways including driveway widths and distances between driveways X 20. Proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings X 21. Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities X 2 DocVerifyID: 007A4C1B-7561.4CJA-9A7F-e8C9AE1C8E46 www ddcvenfy corn Page 6 of 9 66BC9AE1C8E46 1111 yi4S �,l 111 Et Do 8 OC7A4C1 B•7561-4C3A-9A7F-6BC9AE 1C U01911 GIIvvIVF1G IL'. on,41, , -vw 22. Building heights X 23. Square footages (for multi -tenant or multi -purpose buildings, show square footage for each intended use), massing, orientation X X 24. Loading/service areas (including proposed screening) X 25. Recycling containers, compactors & dumpster enclosures X X (including proposed screening) 26. Pedestrian walkways X 27. Parking areas (including parking ratio calculations) X 28. Any proposed sites for parks, schools, public facilities, public or private open space X 29. Flood plains/drainage ways X 30. All proposed and existing utilities, easements and drainage structures X 31. Traffic Impact Statement X 32. Retention/detention ponds with proposed aesthetic treatments X 33. Screening walls; fences X 34. Signage location X 35. Fire lanes and fire hydrants X 36. Lighting X X 37. Visibility easements X X 38. Other pertinent development related features X X trees to be planted, and irrigation plans, if required X Tree Ordinance 10-03- For removal, relocation, or maintenance standards for trees. 40. Color building facade (elevation) plans showing elevations with any attached (wall -mounted) sgnage to be used, as determined appropriate by the City Manager, or his/her designee. X Effect of Approval The approval of a site plan shall be effective for a period of twelve (12) months beyond the date that the plan was approved by the City Commission. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void. Revisions to Approved Site Plan Minor Revisions/Amendments — It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan," which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager, or his/her designee, refuses to approve an amended site plan, then the applicant shall re -submit the amended site plan as a "revised site plan", whereupon the revised site plan shall be scheduled for consideration by the Planning Council and City Commission Major Revisions — In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the City Manager, or his/her designee, and reconsidered by the Planning Council and City Commission. Developer's Agreement — A Developer's agreement may be required for all development except for single-family homes or duplexes pursuant to Section 4.16 of City Ordinance No. 86-8. 3 DocVerify ID: 007A4C1B.7561-4C3A-9A7F-6BC9AE1CBE46 www doovenly com Page 7 of 9 76BC9AE1C9E46 1111 ES11111 DocuSign Envelope ID: A3D1537E-0E3D-4E77-A247-D25F6B62E428 Applicant's Rock and Dirt Construction Equipment Rental, LLC Name Address Signed. Date 2101 NW 110 Avenue Doral Florida 33172 �Do��ai0�ed by \-4 /1BE5400LAI-4A3.. 10/18/2021 Guillermo Fernandez, Manager of Rock and Dirt Construction Equipment Rental, LLC My signature certifies that I have been provided with a copy of the site plan checklist and have also had a pre -conference meeting with the Planning and Community Development staff. Reviewed by Planning Staff - Date of Pre -Conference Meeting - Date of Site Plan Review - 4 DocVcrify ID. DD7A4C1D•75614C3A•9A7F-6BC9AE1C8E46 Page 8 of 9 86BC9AE1CBE46 1111 ES,I II DocuSign Envelope ID: A301537E-0E3D-4E77-A247•025F6B62E428 .DOZGRIPTION: THE WEST 107,675 FEET OF THE SOUTH 1/2 OF LOT 19 AND THE WEST 107.675 FEET OF LOT 20, LESS THE SOUTHERLY 25 FEET, NILE GARDENS SECTION I AND I I, OF SECTION 28, TOWNSHIP 52 SOUTH, RANG 41 EAST, ACCORDING TO THE MAP OR PLAT AS RECORDED IN PLAT 500K 31, PAGE(S) 42, OF TI -4E PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND TI -4E WEST 21535 FEET OF THE EAST 538375 FEET or THE SOUTH 1/2 OF LOT 19, AND THE WEST 21535 FEET OF THE EAST 538375 FEET OF LOT 20, LESS THE SOUTHERLY 25 FEET OF NILE GARDENS SECTION I I, OF SECTION 28, TOWNSHIP 52 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 1500K 31, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DocVerify ID: DD7A4C1B-7561-4C3A-9A7F-6BC9AE1C8E46 wsv v.docven'q con, Page 9 of 9 96BC9AE1C8E46 110 .i Mit11111 1 Record and Return to: (enclose self-addressed stamped envelope) Graham Penn, Esq. Bercow Randall Fernandez Larkin & Tapanes, LLC 200 S. Biscayne Boulevard, Suite 300 Miami, Florida 33131 This Instrument Prepared by: Burnadette Non -is -Weeks City Attorney 780 Fisherman Street 4th Floor Opa-locka, Florida 33054 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND ROCK AND DIRT CONSTRUCTION EQUIPMENT RENTAL. LLC. THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this day of 2022 ("Execution Date") by and between Rock and Dirt Construction Equipment Rental, LLC (the "Owner"), a Florida limited liability company with the mailing address of 2101 NW 110 Avenue, Doral, Florida 33172 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 2.94 acres of land located at approximately 2950 NW 132 Terrace and 2990 NW 132 Terrace within the municipal boundaries of the City and identified by Miami Dade County Tax Folio Nos. 08-2128-004-0340 and 08-2128- 004-0350, (the "Property"), the legal description of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the City Commission adopted Resolution Number , approving a Site Plan, for the Proposed Development which includes approximately the rehabilitation and addition of 1,615 square foot to the office, and 42 office/employee parking spaces, as well as open storage area for construction equipment and the construction of a 2,400 square foot maintenance building for vehicle and equipment maintenance & repair; dedication of a portion of NW 31' Avenue and a portion of NW 132nd Terr; the planting of 79 trees and 699 shrubs in the office parking area as well as on the property perimeter and 3,918 square feet of landscaped open space in accordance with the Rock and Dirt Construction Equipment Rental, LLC approved site plan; and 1 WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local Government Development Agreement Act, the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WHEREAS, the City Commission pursuant to Resolution No. , adopted on , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth and listed below, and the Owner is authorized 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 Owners and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. a. "Additional Term" 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, Rock and Dirt Construction Equipment Rental, LLC., (the "Owner"), a Florida limited 2 liability company, with the mailing address of 2101 NW 110 Avenue, Doral, Florida 33172 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, "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 Rock and Dirt Construction Equipment Rental, LLC., Site Plan, at approximately 2950 NW 132 Terrace and 2990 NW 132 Terrace, and (b) the provisions of the Charter, Comprehensive Plan and Laws of the City of Opa-locka, including the City of Opa-locka's Unified Land Development Regulation Code and the Ordinance, as amended through the Effective Date. 1. "Final Site Plan" means the Rock and Dirt Construction Equipment Rental, LLC., Site Plan, at approximately 2950 NW 132 Terrace and 2990 NW 132 Terrace "Final Site Plan" approved by the City Commission via Resolution No. for the Proposed Development which includes the construction of approximately the rehabilitation and addition of 1,615 square foot to the office, and 42 office/employee parking spaces, as well as open storage area for construction equipment and the construction of a 2,400 square foot maintenance building for vehicle and equipment maintenance & repair; dedication of a portion of NW 31' Avenue and a portion of NW 132❑d Terr; the planting of 79 trees and 699 shrubs in the office parking area as well as on the property perimeter and 3,918 square feet of landscaped open space in accordance with the Rock and Dirt Construction Equipment Rental, LLC approved site plan as may be amended from time to time. M. "Governing Body" means the City of Opa-Locka's City Commission. n. "Initial Term" is thirty (30) years commencing on the Effective Date. o. "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land, except as provided herein. p. "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any 1 ocal government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. q. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Land Development Regulation Code, the Ordinance 15-31. r. "Parties" means the City and the Owner, Rock and Dirt Construction Equipment Rental, LLC. s. "Project" shall mean the Rock and Dirt Construction Equipment Rental, LLC and development of the 2.94 acre Property at 2950 NW 132 Terrace and 2990 NW 132 Terrace, and identified by Miami -Dade County Tax Folio Nos 08- 2128-004-0350 and 08-2128-004-0340 (the "Property), as described in the plans prepared by Tapia-Ruano Architect, Inc., and dated , which proposes approximately the rehabilitation and addition of 1,615 square foot to the office, and 42 office/employee parking spaces, as well as open storage area for construction equipment and the construction of a 2,400 square foot maintenance building for vehicle and equipment maintenance & repair; dedication of a portion of NW 31' Avenue and a portion of NW 132nd Terr; the planting of 79 trees and 699 shrubs in the office parking area as well as on the property perimeter and 3,918 square feet of landscaped open space; in accordance with the Rock and Dirt Construction Equipment Rental, LLC approved site plan as may be amended from time to time. 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. v. "Resolution" shall mean City of Opa-Locka Resolution Number 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. 4 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 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, estoppel or otherwise. 9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner agrees as follows: a. All impacted Public Facilities shall be adequate to serve the Property at an acceptable level of service prior to the issuance of a Certificate of Occupancy for the Project and shall be served by water and sanitary sewer main extensions as required by the city in accordance with Miami -Dade County permitting requirements. b. All Public Facility improvements required by the City, by Miami -Dade County, Florida, or voluntarily proposed by the Owner to be installed by Owner shall be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project. c. All signage shall comply with all city sign code ordinance requirements. d. Owner will abide by and not deviate from the terms of its graphic and verbal representation submitted to the City Commission in order to receive approval of the Project. Such items include but are not specifically limited to: 1) Design of all physical structures, water bodies, private and public improvements and 2) The color and dimensional characteristics of all building materials 5 3) All landscaping, loading areas 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 at 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 successors or assigns, or by a property 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. Any new owner must abide by the terms of this agreement until April 2052. 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 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. Owner agrees to use commercially reasonable efforts to: 6 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 December 31, 2024; 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 follows: a) Prepare and provide the City with an outreach plan that outlines the Owner's anticipated commercially reasonable efforts to provide construction -related and permanent jobs to Opa-locka residents, prior to the issuance of the first building permit for vertical construction within the Property ("Outreach Plan"). Said Outreach Plan, at a minimum, shall require that local job fair(s) ("local" shall mean within the municipal boundaries of the City of Opa- locka; hereinafter "Local Job Fair") be held as described herein and shall outline job training opportunities within the Project. b) Host or require its general contactor(s) to host a Local Job Fair and provide a list of construction job openings to the City to post on the City's website, prior to the issuance of the first building permit for vertical construction. The general contractor shall advise the City of any local new hires following its Local Job Fair(s). J. All trash and garbage containers shall comply with all city dumpster enclosure requirements. k. The following timelines shall be complied with by Owner, Rock and Dirt Construction Equipment Rental, LLC, Said entity must work immediately to seek all applicable permits immediately upon approval of this Agreement and shall: 1) 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. 2) Must start construction: within 18 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause shown. 3) Must complete project: within 24 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause shown. 7 10. Development Permits. In accordance with Section 163.3227(t), F.S., the City may need to approve the following additional development permits upon proper submission of all requirements, and City review or inspections, in order for the Owner to develop the Project: (a) Site plan approvals; (b) Modifications to existing approvals and permits, including the 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 -complaint physical structures or vehicles if applicable, shall be removed prior to the execution of this agreement. 11. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d), F.S., the City and the 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 by the Applications. 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), FS., the City hereby finds and declares that the Owners development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 13. Reservation of Development Rights. Except as otherwise provided in the Act for the Entire Term of this Agreement, the City hereby agrees that it shall permit 8 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 Agree Tent shall govern the development of the Property for the entire term of this Agreement unless terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement, except to the extent that Owner's 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 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 9 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. 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: City Manager City of Opa Locka 780 Fisherman Street Opa Locka, Florida 33054 Law Offices of Burnadette Norris -Weeks, P.A. City Attorney City of Opa-locka 780 Fisherman Street Opa-locka, Florida 33054 And 401 North Avenue of the Arts Ft. Lauderdale, FL 33311 If to the Developer at: Rock and Dirt Construction Equipment Rental, LLC 2101 NW 110 Avenue Doral, Florida 33172 Attn: Guillermo Fernandez 10 And With a copy to: Graham Penn, Esq. Bercow Randall Fernandez Larkin & Tapanes, PLLC 200 S. Biscayne Boulevard, Suite 300 Miami, Florida 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 Owners/Owners and the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. 19. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 20. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the 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 Owners shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and 11 against any claims or litigation arising from this Agreement instituted by third parties. 22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated, good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City, subject to the notice and cure provision contained in paragraph 15(b), above IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: CITY OF OPA-LOCKA FLORIDA ATTEST: By: City Clerk City Manager Dated: day of , 2022. Approved for form and legal sufficiency: City Attorney: 12 Rock and Dirt Construction Equipment Rental, LLC„ a Florida limited liability company WITNESS: Signature Print Name Signature Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) By: Owner/Agent Title: Manager The foregoing instrument was acknowledged before presence or online notarization, on this day of as Manager of Rock and Dirt Construction Equipment Rental, company. He is: personally known to me, or produced identification. Type of identification produced My Commission Expires: 13 me, by means of physical , 2022 by XXXXXX XXXXX LLC, a Florida limited liability Notary Public, State of Florida at Large Print Name EXHIBIT A Legal Description 14 EXHIBIT B CITY'S ANNUAL REPORT FORM City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 CITY OF OPA-LOCKA ANNUAL REPORT FORM Reporting Period: to Month/Day/Year Month/Day/Year Name and Title of Individual Completing Report: Address : Street Location City, State, Zip 1. Describe any changes made to the proposed plan of development, during the Reporting Period, as approved by the City of Opa-Locka City Commission ("City") pursuant to Resolution No. , passed and adopted on , 2022. 2. Describe any changes, if any, to the Development Agreement between the City of Opa- Locka, Florida, and Rock and Dirt Construction Equipment Rental, LLC as approved by the City of Opa-Locka City Commission pursuant to Resolution No. , passed and adopted on , 2022 (the "Development Agreement"). 3. Provide a list of development permits for vertical construction issued by the City during the Reporting Period. 4. Provide a list of certificates of occupancy within the project that have been issued by the City during the Reporting Period. 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. 15