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HomeMy Public PortalAbout22-083 - Approving Development Agreement Request for 14585 NW 22 AveSponsored by: Interim City Manager RESOLUTION NO. 22-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REQUEST FOR THE CONSTRUCTION AND OPERATION OF A CONVENIENCE 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. WHEREAS, the applicant, Mauricio Falla, on behalf of property owner, Maclam Investment, LLC, has submitted an application for site plan approval for a Project located at 14585 NW 22nd Avenue, Opa-Locka, Florida and identified by folio 08-2122-005-0690 in the B-2 Zoning District; and WHERAS, the applicant intends to re -develop the site into a new convenience store, with two retail spaces and a service station with a hand car - wash in the east section of the City of Opa-Locka ("City"); and WHEREAS, the Project will consist of the demolition of the current building and the new construction and operation of an convenience store, retail spaces and a service station with a hand car -wash; and WHEREAS, the redevelopment of this site is intended to provide two new retail spaces, a new convenience store and a service station with a hand car -wash at this location; and WHEREAS, the development will also include 9 car parking spaces, 19 new assorted trees, 359 shrub plants and landscaped open space; and WHEREAS, the Planning & Zoning Board reviewed this request on September 13, 2022, for development agreement approval and recommended approval by a 4-0 vote; and WHEREAS, after the applicant, Mauricio Falla presented this request to the Planning & Zoning Board he obtained a traffic study that conveyed the site plan must be modified and this site plan reflects those changes; 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 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". Resolution No. 22-083 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. ApprovaJ/Denial. Approval/ Denial of Development Agreement. The City Commission of the City of Opa-Locka has reviewed the recommendation of the Planning & Zoning Board and hereby approves / denies the Development Agreement request for the demolition of the current building and the new construction and operation of a convenience store, with two retail spaces and a service station with a hand car- wash located at 14585 NW 22nd Avenue, Opa- Locka, Florida and identified by folio 08-2122-005-0690 in the B-2 Zoning District. A copy of the Development Agreement with a copy of the approved Site Plan is attached hereto and incorporated herein as composite Exhibit" A". SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager following review by the City Attorney and without need of public hearing, by filing a corrected copy of same with the City. 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 14th day of Decem�er,%2022. John H. Taylor Jr., TTEST: a Flores, City Clerk 2 Resolution No. 22-083 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: aiBurnadette Norris - s, P.A. City Attorney Moved by: Commissioner Williams Seconded by: Commissioner Bass VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 3 uocusign Envelope ID: 6FBFOE7B-184C-497C-A75B-13BF91AAA552 City of Opa-locka Agenda Cover Memo Department Director: Gregory D. Gay Department Director Signature: City i oocus Manager: Darvin Williams CM Signature RIM Oa/WS Commission Meeting December 14, 2022 Item Type: Resolution Ittiliiinance` Other Date: (EnterX in box) X Fiscal Im act: P Yes No Resolution Reading: (EnterXin box) 1st Reading 2nd Reading (Enter Xin X box) Public Hearing: Xin Yes No Yes No X (Enter box) X X Funding Source: (Enter Fund & Dept) Ex: N/A Advertising Requirement: (Enter X in box) Yes No Account# : See Financial Impact section below X ILA Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X Strategic Yes No Strategic Plan Priority Area: Strategic PPlanted n (Enter Xin box) X Enhance Organizational mi Bus. & Economic Dev . Public Safety 0 Quality of Education 0 Qual. of Life & City Image • Communication 0 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 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. Staff Summary: The applicant, Mauricio Falla has submitted an application for site plan approval to demolish the current building at 14585 NW 22nd Avenue, Opa-locka, Florida and identified by folio 08-2122-005-0690 in the B-2 Zoning District and within the Corridor Mixed Use Overlay. The applicant intends to develop this site into a new convenience store and service station with two separate retail spaces with a hand car -wash. The development will also include nine parking spaces and 19 assorted trees and 359 shrub plants and landscaped open space. DocuSign Envelope ID: 6FBFOE7B-1B4C-497C-A75B-13BF91AAA552 Background This property is located in the southeast section of the City at the intersection of Service Road and NW 22nd Avenue. The property owner, Maclam Investment, LLC, according to Maimi-Dade County Property Appraiser's website obtained this vacant, unused (and no licensed business occupies this space) 20,886 square foot parcel and has submitted a formal request for site plan review approval and development agreement approval to construct a service station/fueling facility and convenience store and include two retail spaces and a hand car - wash. According to the applicant's site plan the redevelopment of this site will provide a 3,579 square foot building with 1,975 square feet allocated for the Convenience Store and two 802 square foot sections for new retail spaces. This use, Auto Service Station is permitted in the B-2 zoning district. The outside had car wash is permitted as an accessory use for any Auto Service Station. The City of Opa-Iocka 's Comprehensive Plan, Future Land Use map provides that the property has a future land use designation of "Commercial" and the zoning map provides that the property is zoned Commercial Liberal (B-2) and is within the "Corridor Mixed Use Overlay". This proposed operation is adjacent to Single -Family homes on the eastside of this parcel. According to the site plan a 6 -foot concrete wall will be built on the eastside of this property to buffer the use from the single- family residential properties. For additional buffering there is a 12 -foot dedicated alley between the service station/convenience store and the single-family residential properties. The subject property is generally surrounded by residential properties to the east and commercial and residential properties to the west and south of this site and State Road #9 to the north of this site, The proposed use of Auto Service with two retail spaces and a hand car wash will provide an opportunity for retail services as well as auto services to this community, which are in harmony with the general characteristics of the surrounding neighborhood for commercial and residential uses. Financial Impact Approval of this site plan and development agreement will not provide any negative financial impact. Proposed Action: Staff recommended approval of this Resolution Attachment: DRAFT Resolution P&Z Application Package P&Z Board Meeting Minutes 9-13-22 Page 1 of 5 Received: By: Date: " THE GREAT CITY " Apapginuna grfortikb PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2020-2021 TOTAL FEES: Nei.. ccs as of October 1, 2015 FY 2020-2021 Meetine Dates 1 st Tuesday of Each Month) October 5, 2021 November 2, 2021 December 7, 2021 January 4, 2022 February 1, 2022 March 1, 2022 April 5, 2022 May 3, 2022 June 7, 2022 July 5, 2022 August 2, 2022 September 6, 2022 Date Application Found Sufficient August 20, 2021 September 17, 2021 October 15, 2021 November 19, 2021 December 17, 2021 January 14, 2022 February 18, 2022 March 18, 2022 April 15, 2022 May 20, 2022 June 17, 2022 July 22, 2022 1. All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning & Zoning Board application, with the required docutents 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 he 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 Conmmnity 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-lucks Planning & Community Development Department 780 Fishermen Street 4"' floor Opa-locks. FL 33054 Telephone: 305-953-2868, Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15.31 Page 2 of 5 " THE GREAT CITY " Received: By: Date: ( qy' aPasigAUMA PLANNING & ZONING BOARD APPLICATION APPLICATION NUMBER: CIIECIC NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Maclam Investment LLC PROPERTY OWNER'S ADDRESS: 10773 NW 58th ST #140 DOral. FL 33178 Number/Street City State/Zip Code APPLICANT'S NAME: Mauricio Falla APPLICANT'S ADDRESS: 10773 NW 58th ST #140 Doral, FL 33178 Number/Street City State/Zip Code PHONE NUMBER: OFFICE 786-797-6086 CELLHOME OTHER SUBJECT PROPERTY ADDRESS: 14585 NW 22 Ave Number/Street TAX FOLIO NUMBER: 08-2122-005-0690 PRESENT ZONING: LEGAL DESCRIPTION: Magnolia Gardens Consolidated PB 50-5 lots 41 thru 44 BLK 336 LESS BEG NW COP_ of 525 FT of lot 43 TH SELY AD 119:4.6 FT SELY AD 49.29 FT SWLY Please check specific request: Tentative Plat Final Plat __Comprehensive Plan Amendment: Small Scale; _Large Scale (please specify 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: Development Agreement Modification Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Page 3 of 5 Received: By: Date: Signature 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 fcc payable to the City of Opa-locka by check or money order Copy of property owner's and/or applicant's driver license/photo LD. & Incorporation Documents (Inc., LLC, ...) Affidavit (sec below), and power of attorney of the property owner (page 3) (Both must be Notarized) A completed Neighborhood Petition fonn (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 fmal 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 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 I, V\CO \ CAC �o• , being first duly sworn, depose and say that 1 am the OWNER of the property ,and 1 understand that this application must be complete and accurate before a public hearing can be advertised. M-Y1cu g, o Date Sworn to and subscribed before me: This �� day of May Notary Public Attach copy of identification 90 Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires Page 4 of 5 PLANNING & ZONING BOARD APPLICATION POWER OF ATTORNEY Received: By: Date: This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locks From: Mauricio Falla, Maclam Investment LLC 1) Jorge Fiallo Fia o's MEP Design Inc. 10010 SW 83rd ST Miami, FL 33173 305-871-1845 jfialloafiallomepdesign.com 2) Sonia Gonzalez The Permit Shop 4100 N. 58th Ave #109 Hollywood, FL 33021 305-796-0141 thepermitshop(gmail.com Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). 1 Mauricio Falla of the property legally described as: Magnolia Gardens Consolidated PB 50-5 lots 41 thru 44 BLK 336 LESS BEG NW COR of 525 FT of lot 43 TH SELY AD 119.46 FT SELY AD 49.29 FT SWLY , being first duly sworn, depose and say that I am the owner I do give to Jorge Fiallo / Sonia Gonzalez the power of Attorney and authority to speak in my behalf in reference to the above described property. Further, by affixing my notarized signature to this document, 1 also authorize Torge Piala° / Sonia Gonzalez to negotiate and commit to the City Commission and City Administration in my behalf'. 1 will abide by all final determinations of the City Commission and City Administration. Signatur GABRIELAPEREZ * Commission # HH 230207 Dale �9rFOFF�� Expires February 17, 2026 Sworn to and subscribed before me: This /' day of it . Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 My commission expires: 4? 17-1403-6 Page 5 of 5 Received: 13y: Date: Attach copy of identification PLANNING & ZONING BOARD NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 14585 NW 22 Ave LEGAL DESCRIPTION: Magnolia Gardeits.Consolidated PB 50 -5 -lots 41 thru 44 BLK 336 LESS BEG NW COR of 525 FT of lot 43 TH SELY AD 119.46 FT SELY AD 49.29 FT SWLY I SUPPORT THIS DEVELOPMENT REQUEST 1 DO NOT SUPPORT THIS DEVELOPMENT REQUEST PROPERTY OWNER'S NAME: Mauricio Falla PHONE: 786-797-6086 ADDRESS (If different): 10773 NW 58th ST #140 Doral. FL 33178 a,0), Signature Reference to Ordinance 15-13 Land Development Regulations/ Zoning Code: Ordinance 15-31 Record and Return to: (enclose self-addressed stamped envelope) Developers Attorney (NEEDED) This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. CITY ATTORNEY City of Opa-locka 780 Fisherman Street Opa-locka, Florida 33054 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA; AND MACLAM INVESTMENT, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of , 2021 ("Execution Date") by and between the Owner, Maclam Investment, LLC, a Florida Corporation, with the mailing ;== "dress of 10773 NW 581'1 Street No. 140, Doral, Florida 33178 and the City of Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"), with a mailing address of 780 Fishermen Street, 4`" Floor, Opa-locka Florida 33054. �D��/// , %/i VltIfi'NESSETH: WHEREAS, the Owner is the fee simple owner of approximately 20,886 acres of land located at 14585 NW 22nd Avenue, Opa-Locket, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade --County Tax Folio No.084 2-005-0690 (the "Property"), the legal description of which is attached hereto and made a part hereof as k1 ibit "A"; and WHEREAS, the City's Commission adopted Resolution Number approving a Master Site Pla "' or the Convenience Store, Service Statiof!'ith Metal Canopy for fuel pumps, two separate retail sales units and a hand carwash accommodated within approximately 5,827 square feet; and WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local Government Development Agreement Act, the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and 1 WHEREAS, the City Commission pursuant to Resolution No. , adopted on , 2021, authorizes the City Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and listed below, and the Owner have authorized the Owner/Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and as listed below; and NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the Owner and City agrees to as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. (a) "Additional Term" means anyone or more additional term(s) approved by mutual consent of the parties pursuant to a publi, So ring pursuant to Section 163.3225, F.S. /%% jr (b) "Agreement" means this Chapter 163, F.S., Development Agreement between the City and Owners/Owners. (c) "City" means the City of Opa-Locka, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. (d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163, F.S. (e) "Owner" means the persons or entities undertaking the development of the Property, defined in the preamble to this Agreement, Maclam Investment, LLC., with the address of 14585 NW 22nd Avenue, Opa-locka, Florida, 33054 and/or any of its respective successors, assigns, or heirs thereof. (f) "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), F.S. (g) "Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (h) "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami -Dade County, (i) "Entire Tenn" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the Additional Term, as defined herein. 2 (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 Maclam Investment, LLC., Site Plan, and (b) the provisions of the Charter, Comprehensive Plan and Laws of the City of Opa-Locka, including the City of Opa-Locka's Unified Land Development Regulation Code and the Ordinance, as amended through the Effective Date. (1) "Final Site Plan "means the Site Plan approved by the City Commission via Resolution No. for a Conventa ,ce Store & Service Station with two additional retail units and a carwa ;fit 14585 NW 22 Avenue, Opa- locka, FL 33054. (m) (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. j % "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. (q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the c1,6',•;'ment of land in effect as of the Effective Date, including �a-Locka's Unifie TAM Development Regulation Code, the Ordinance and the ution Number 15-3 I. (p) "Governing Body" means the City of Opa-Locka's City Commission. (r) "Partie:,tj eans the City and the Owner • "Project" is' the Maclam Investment, LLC's Convenience Store and Service Station // , FL 33054 as described in the Wns prepaed by Flallo's"MEP Design, Inc., and dated February 2, 2021, which �bposed the development of approximately a 1,976 square foot building and 9 parking spaces with related employee and customer parking (t) "Property" means the approximately 0.5 acre of land located at 14585 NW 22"d Avenue, Opa-Locka, FL. 33054 and identified by Miami -Dade County Tax Folio No.08-2122-005-0690, the legal description of which is attached hereto and made a part hereof as Exhibit "A." (u) "Public Facilities" means major capital improvements, including, but not limited to transportation, transit, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational, and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. 3 (v) "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number approving Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22nd Avenue, Opa-locka, FL 33054 and Resolution Number approving the Maclam Investment, LLC project Development 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, the Code of Ordinance and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City and the Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6. Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and ffect, and be binding on all Parties (including the Owner) and all persons claiming under it for an Initial Term of, hirty (30) years from the Effective Date, and may be extended for one or more Additions/ - erm(s) thereafter by mutual consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to any extension of this Agreement requires approval of both parties to this Agreement. No notice op jon shall be required by either party upon the expiration of this Agreed/// , $i� ' fter the parties hereto shall have no further obligations under this Are t The o -s; ions imposed pursuant to this Agreement upon the parties and g upon th�� - erty s ; - run with w bind the Property as covenants running with the Property, a is nt shall binding upon and enforceable by and against the shereto, < ; sentatives, heirs, successors, grantees and/or assigns. %//�i�; 0/////% ` Termin �dn. No a of tenr��,,on shall be required by either Party upon the expiration of this ag - nt and thereafter the Parties hereto shall have no further obligations under this a nt. 8. Expiration / Termination / Default. Upon the expiration of the agreement, the city shall have ability and the rights under its police power to adopt Zoning Regulations not inconsistent with the rights granted hereunder. In the event of termination or default, no further rights under this agreement shall exist, whether brought under a claim of vested right, equitable estoppel or otherwise. 9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner agrees as follows: (a) All impacted Public Facilities shall be adequate to serve the Property at an acceptable level of service prior to the issuance of a Certificate of Occupancy for the Project, and shall be served by water and sanitary sewer main extensions as required by the city in accordance with Miami -Dade County permitting requirements 4 (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 approving Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22nd Avenue, Opa-locka, FL 33054. Such items include, but are not specifically limited to: 1. Design of all physical structures, water bodies, private and public improvements; and 2. The color and dimensional characteristics of all building materials. 3. All landscaping, bay, loading and parking spaces must be provided and maintained as shown on the site plan. (e) Owners guarantees to preserve and maintain all buildings and structures consistent with the Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22nd Avenue, Opa-locka, FL 33054, free of all liens and encumbrances, for the entire period in which the Owners own the land or control 51% ownership of the Property, or control 5% of any entity to which his agreement has been assigned, sold or otherwise transferred. 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 ed that the Property is / option eed andlmaonta obligated in aCeo dance with City Code requirements. It is expressly understood bethe Owner that the development of a project that is not substantially in accordance with the Final Site Plan shall require new approvals in accordance with City Code requirements. In addition, Owner shall maintain the Property in a manner consistent 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 July 2052. (f) At the request of the City, Owner shall submit or cause the submittal of an annual report and shall provide additional documentation to the City as required by the Resolution to verify 5 continuing compliance with the Resolution and this Agreement. A copy of the City's form of annual report is attached as Exhibit «B,l (g) The Owner will not physically alter or substitute the design of structures, materials and colors included in the Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22nd Avenue, Opa-locka, FL 33054 except as approved by the City in the City's sole discretion. In the event that building materials or colors are no longer available, the burden shall be on Owners to prove that said materials or colors are in fact unavailable. Owner agrees that the City may enter.. ntothe Property to confirm compliance g .., �-� P �' P with the terms of this Agreement. Owner agrees to use comm ,}atly reasonable efforts to encourage its tenants to: 1. Cooperate with the City on any City -initiated efforts with area economic development and educational organizations, including the -Beacon Council, The Meek Foundation, Miami - Dade County Public Schools, and Miami -Dade College or other organizations acceptable to the parties, 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 dencourage o the same, all as follows:ors '.retained to develop the Project to %,. 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 � 4 issuance of the first building permit for vertical construction within the Poperty ("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 6 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, Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22nd Avenue, Opa-locka, FL 33054, which applies immediately upon approval of this Development Agreement: Violation of this timeline may result in; the revocation of any approved Development Permit and/or any actions deemed necessary by the City of Opa-locka: 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. /,., iii////%: 3. Must complete project: within 24 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause. 10. Development Permits. In accordance with Section 163.3227(0, F.S., the City need to approve the following additional development permits upon proper submission of all requirements, and City review orinspections, in order for the Owner to develop the Project: %% ite p (e ice.. i iii (b) catioij/ : existing! /�. 'provals and permits, including the Maclam Inve t, L a' Site Plan for a Convenience Store and Service Station at 14585 ;;� 22°d A` . e, O a-locka, FL 33054 ,t�„) P (c) Water, sewer, paving and drainage permits; (d) Building permits; (e) Sign permits; (0 Certificate of occupancy; (g) Business License and Certificates of use; (h) 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. 7 Any liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this agreement for this property or any other property in the City of Opa-locka owned by Maclam Investment, LLC. All currently non -compliant building, physical structures or vehicles at 14585 NW 22nd Avenue, Opa-locka, FL 33054 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 Owners/Owners anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida, Miami -Dade County, the City, and/or as contemplated in the Maclam Investment, LLC's Site Plan for a Convenience Store and Service Station at 14585 NW 22' Avenue, Opa-locka, FL 33054. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those pu lic facilities described in the Comprehensive Plan's Capital Improvements Element. For e purposes of concurrency, the City hereby agrees ,rte, to provide, reserve, and allocate si icient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property. All development orders or permits sought to be issued for the Project pursuant to this Agreement must be able to meet concurrency standards set forth in the Comprehensive Plan (concurrency regulations) and to be consistent with Land Development Regulations, so long as the Owners/Owners constructs the Property in compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. Owners/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 Owners/Owner of the requirement to pay impact fees and assessments. 12. Consistency with rehensive 1'ftu. In accordance with Section 163.3227(g), F.S., the City hereby; es these Owners development of the Project on the � �/� Eiji /� ,, / � Property complies with the La 4 na : es, regulations and policies of the City of Opa- Locka, and is con j nt with City's Laws, Comprehensive Plan and Land Development , - ulati ' ��. % 13 Reservation of Developme /Rights. Except as otherwise provided in the Act for the Entire Term of this Agreement, the City hereby agrees that it shall permit the development of the Project in accordance with the Laws of the City of Opa-Locka, includin=g"the City's Comprehensive Plan and Land Development Regulations, as of the Effective Date of this Agreement, subject to the conditions of this Agreement. Except as otherwise provided in the Act, the City's Laws and policies governing the development of the Property as of the Effective Date of this Agreement shall govern the development of the Property for the Entire Term of this Agreement unless terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement, except to the extent that Owners consent to such changes and except as otherwise provided in 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 8 If to the City at: 14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the Property. 15. Necessity of Complying, with Local Regulations Relative to Development Permits. In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be construed as a development permit or authorization to commence Development. The Owners/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 Owners/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 Owners/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 E ve Date. 16. Good Faith; Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the p ies that they shall cooperate with each other in good faith to effectuate the*.poses oses andiOnit of and to satisfy their obligations under this Agreement in order to secure to; themselves the mutual benefits created under this Agr ment. In that regard, he parties shall execute such further documents as may be reasonab ;necessary to effectuate the provisions of this Agreement, provided that the foregar%» hall in no way be deemed to inhibit, restrict, or require the exercise of the City's po' jpower or actions of the City when acting in a quasi-judicial capacity. ,, , 17.,x;; 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 re/quested, itha postage prepaid envelope and addressed as follows: With a copy to: 9 City Manager City of Opa.-Locka 780 Fishermen Street, 4t" Floor 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 Owners/Owners at: Maclam Investment, LLC C/O Mauricio Fallo 10773 NW 58th Street, No. 140 Doral, Florida 33178 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 163.3 1 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 e nt that any term or provision of this Agreement is determined by an appropriate judicial authority to berll*gal 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. Entire Agreement. This reement sets forth the entire Agreement and understanding between the parties heret ting in any way to the subject matter contained herein and limes all prior discussion etween the Owners/Owners and the City. Neither party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto and in accordance with Section 163;3225, F.S. 21. Indemnification. The Owners/Owners shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising from this Agreement instituted by third parties. 22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this 10 Agreement, this Agreement may be revoked or modified by the City. 11 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 /ii%�a`% anager Dated: day of , 20 i Approved for form and legal sufficiency: City Attorney: 12 OWNERS/OWNERS Maclam Investment, LLC. WITNESS: Signature Print Name Signature Print Name STATE OF FLORIDA By: Name: Title: Manager COUNTY OF MIAMI-DADE) The foregoing instrument acknowledged before me this day of , 20_ by Mauricio Falla of Maclam Investment, LLC, who is personally known to me or has produced as identification, and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated herein. My Comr won Expires: 13 ,Jiotary Public, State of Florida at Large mint Name EXHIBIT A- PROPERTY LEGAL DESCRIPTION/SURVEY/SITE PLAN (CONFIRM LEGAL DESCRIPTION BY PROPERTY SURVEY) MAGNOLIA GARDENS CONSOLIDATED PB- 50-5, LOTS 41 THRU 44 BLK 336 LESS BEG NW COR OF S25FT OF LOT 43 TH SELY AD 119.46FT SELY AD 49.29FT SWLY AD 4.23FT NWLY AD 50.90FT NLY 119.67FT TI OIB FIR R/W LOT SIZE 20886 SQ FT FOLIO NO: 08-2122-005-0690 14