HomeMy Public PortalAboutResolution No. 23-040- Review Request for Construction of Apartment BuildingSponsored by: Interim City Manager
RESOLUTION NO. 23-040
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
DEVELOPMENT AGREEMENT REVIEW REQUEST FOR
THE CONSTRUCTION OF A SIX -STORY MULTI-
FAMILY APARTMENT BUILDING ON THE PROPERTY
LOCATED AT THE CORNER OF SESAME STREET AND
ALI BABA AVENUE AND IDENTIFIED BY FOLIO #08-
2121-004-1861, IN THE HISTORIC DOWNTOWN OPA-
LOCKA (HDOD) ZONING DISTRICT / R-3 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, NE 113 TER LLC intends to construct a six -story
multi- family building that will provide 45 apartment units and 50 parking
spaces; and
WHEREAS, the Applicant further intends to provide 1,600 square feet of
retail space and landscaping in accordance with the City of Opa-Locka's Land
Development Regulations; and
WHEREAS, the Applicant, has submitted a request for development
agreement review to construct a multi -family residential building in the Historic
Downtown Opa-Locka District (HDOD) / R-3 Zoning District; and
WHEREAS, Planning & Community Development staff for the City of Opa-
Locka has reviewed the application of NE 113 TER LLC and has determined that
the applicant has provided all information required by Section 22-55(I) of the City of
Opa-Locka's Land Development Code for proper consideration by the Planning and
Zoning Board; and
WHEREAS, the Planning and Zoning Board reviewed this request at a public
hearing on January 10, 2023 and approved this request by a 4-0 vote; 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
review approval requested by the Applicant, as provided herein as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Resolution No. 23-040
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated into this Resolution by reference.
SECTION 2. APPROVAL/DENIAL.
Approval/Denial of Development Agreement Review. The City Commission of
the City of Opa-Locka, Florida hereby approves a request for the Development
Agreement approval for the construction of a six -story multi -family apartment
building that will provide 45 apartment units and 50 parking spaces at
approximately the corner of Sesame Street and Ali -Baba Avenue within the
municipal boundaries of the City of Opa-Locka and as identified by Miami Dade
County Tax Folio No. 08-2121-004-1861, in the Historic Downtown Opa-Locka
District (HDOD)/R-3 Zoning District as set forth in 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
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's Code of Ordinances, Land Development Regulations and the
City of Opa-Locka Charter.
PASSED and ADOPTED this 22nd day of Mara, 2023.
John for Jr., Mayor
TEST:
a Flores, City Clerk
2
Resolution No. 23-040
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
ette NoFis-Weeks, P.A.
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE: 4-1
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin NO
Mayor Taylor YES
3
SUNDAY MARCH 12 2023
it(?M PAGE UMW
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may be a vailable f or an
additional fee .
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Hydra tio n therapy: If
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These aren 't emergen cy
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305-912-4911 Ha ngover
Hospital's IV men u in-
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Located on D uval Street,
Keys IV Health and Hy-
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David Goodhue:
305-923-9728,
@ DavidGoodhue
CITY OF O PA-LO CK A
NOT IC E OF H ISTOR IC ENV IRO NMENTA L PRESER VATION BOA RD MEETING
NO TICE IS H EREBY GIV EN that a meeting of the O pa -locka Historic Env iron men ta l Preservation Board Meeting
will be held on Thu rsda y, March 23, 2023, at 7 p. m. , at 780 Fisherman Street, 3rd Floor, Opa-locka, Florida. The
pu rpose of the Historic Environme nta l Preservation Boa rd Meeting is to discu ss an d con sider the followin g:
1.)AR ESOLUTION OFTHECITYCOMMISSION OFTHECITYOFOP A-LOCK A, FLORIDA ,
A PPRO VING TH E RECOMMENDATIO N OF TH E HISTO RIC ENVIRONMENTA L
PRE SERVAT ION BOARD TO APPROV E THE AN NUAL R EPOR T FRO M JAN UA RY 1,
2022, THRO UGH DECEMBER 31, 2022; PROVIDING FOR SEVERABILITY ; PRO VIDLN G
FO RA CO NFLICT AND REPEA LER CLA USE; PROV ID LNG FOR AN EFFEC TIVE DATE.
Procedures for Public Pa rticipation
I isto ric Env iron mental Preservatio n Boa rd Meetin gs a rc held in -perso n while a llo win g virtu al participatio n. Members of
the public wishing to address the Histo ric Env iro nmen ta l Preser vatio n Bo ard may do so in person or v irtua lly.
To partic ipate v ir tua lly, please register on lin e by 5:00 p.m. on the scheduled meeting date via the City of O pa-lo cka
website at www.oDalocka tl. go'f.
How to wa tch the meeting
M embers of the public ca n watch City of Opa-locka pu blic meetings at https://www,voumbe coMuser/CityotOpoLoodca.
PURSUAN T TO FS 286.0105: An yone who desires to appeal an y decision ma de by an y board agen cy, or commission
with respect to any matter considered at such meeting or hearin g will need a record of the proceedings, and for that reason,
may need to ensure that a v erbatim record of the proceedings is ma de, which record in cludes the testimon y an d ev iden ce
upon which the appeal may be based.
In accordance with the American s with Disabilities Act of 1990, person s needing special accommodation s to participate in
the proceedin g shou ld con ta ct the Office of the City Clerk at (305) 953-2800 (v oice) for assistan ce at least 24 hou rs prio r to
the proceeding. TTY users may call v ia 711 (Florida Relay Service) prior to the proceeding. For questions an d/or additional
in fo rmation , please co nta ct the Historic Env iron mental Preservation boa rd Clerk by ema il at khuU nealookag.gov or by
telepho ne at (305) 953-2800.
K inshaao ta Ha ll
Historic Env iron menta l Prnervation Board Clerk
Joa nna Flores, CMC
C ity C lerk
I NEIGHBORS
11NW
CIT Y OF OPA-L OCK A, FLORID A
N OTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florid a will hold public
hearings at the Regular Commission Meeting on Wednesday, Mar ch 22, 2023 at 7,00 p.m ., in the City
C ommission Chamb ers at the Opa-l ocka Municipal Complex, 780 Fisherm an Street, 3rd Fl oor, Opa-l ock a,
Florid a, to consider the f ollowi ng Items for fi nal adoptio n:
SE COND READING ORDIN ANCE / PUBLIC HEARIN G:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING
CHAPTER 16, ARTICLE I, SE CTI ON 16-1 TO CHANGE THE N AME OF THE Y OUTH ADVIS ORY BOARD TO
TEEN AND YOUNG ADULT ADVIS ORY B OARD FOR THE CITY OF OPA-LOCK A, FLORIDA; AMENDING
MEMBERSHIP REQUIREMENTS AND DUTIES OF THE BOARD; PR OVIDING F OR COMPOSITI ON OF
THE BOARD; PR OVIDING F OR AD OPTI ON OF REPRESEN TATI ONS; PR OVIDING F OR CONFLICT AND
REPEALER; PROVIDING FOR CO DIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE (first readi ng/publi c hearing held on February 22, 2023) .
AN ORDINANCE OF THE CITY COM MISSION OF THE CITY OF OPA-LOCKA, FLORID A, A MENDING
THE ANNU AL AD OPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2022 AND ENDIN G SEPTEMBER 30, 2023,
A DJUSTING REVENUES AN D E XPEN DITURES AS REFLECTED IN EXHIBIT "A "; PRO VIDI NG FOR THE
EXPENDI TURE OF FUNDS ESTABLISHED BY THE BUDGE T; AUTH ORIZING THE CITY MANAGER TO
TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES;
PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND A MENDMENT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first readi ng / public hearing held on
March 8, 2023).
RES OLUTIONS / PUBLIC HE ARINGS:
A RESOLUTION OF THE CITY COM MISSION OF THE CITY OF OPA-LOCK A, FLORIDA, APPROVING
THE DEVEL OP MENT AGREEMENT REVIEW RE QUEST F OR THE C ONSTRUCTI ON OF A SIX -ST ORY
MULTI FAMILY APARTMENT BUIL DIN G ON THE PR OPERTY L OC ATED AT THE C ORNER OF SESA ME
S TREET AND ALI BABA AVENUE AND IDENTIFIED BY FOLIO 008-2121-004-1861, IN THE HIS TORIC
DOWNTOWN OPA-LOCKA (HDOD) ZONING DISTRICT / R-3 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE .
A RES OLUTI ON OF THE CITY C OMMISSI ON OF THE CITY OF OPA-L OCKA, FL ORIDA, APPR OVING
THE DEVELOPMENT AGREEMENT REVIEW REQUEST FOR THE CONSTRUCTION OF A SIX -STORY
MULTI FAMILY APARTMENT BUILDING ON THE PROPERTY LOCATED AT THE CORNER OF SESA ME
STREET AND ALI BAB A AVENUE AND IDENTIFIED BY F OLI O 008-2121-004-1861, IN THE HIST ORIC
D OWNTOWN OPA-L OCK A DISTRICT (HD OD) ZONING DISTRICT / R-3 ZONING DISTRICT; PROVIDING
FOR AN EFFECTIVE DATE .
A RESOLUTI ON OF THE CITY C OMMISSI ON OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING
THE FINAL SITE PLAN REVIEW REQUEST FOR T HE CONSTRUCTION OF AN EIGH T -STORY MULTI
FA MILY APART MENT BUIL DING ON THE PR OPERTY L OCATED AT 2090 ALI BABA AVENUE AND
IDENTIFIED BY F OLI O 08-2122-003-2100, IN THE C ORRID OR MIXED USE ( MXU OD) ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTI ON OF THE CITY CO MMISSION OF THE CIT Y OF OP A-L OCKA, FLORIDA, APPROVING
THE DEVEL OP MENT AGREE MENT REVIEW RE QUEST FOR THE C ONSTRU CTI ON OF AN EIGHT -
STORY MULTI -FAMILY APART MENT BUILDING ON THE PROPERTY LOCATED AT 2090 ALI BABA
A VENUE AND IDENTIFIED BY FOLIO 08-2122-003-2100, CORRI DOR MIXED USE ( MXUOD) ZONING
DISTRICT; PROVIDIN G FOR AN EFFECTIVE DATE .
All In terested persons are enc ouraged to p arti cip at e a nd will be he ard with respect to the public h earings.
Additiona l in fo rmation on th e ab ove item s may be obtai ned by conta cting th e Offi ce of the City Clerk by
telephone 305-953-2800 or email lfiores@opalockafl.g ov. To participate or provide c omments virtually,
please register on the City of Opa-locka website at www.opalockafl .gov no later than 7:00 p.m. on
We dne sda y, Ma rc h 22, 2023.
In accordance with the Americans with Disabilities Act of 1990, persons needing special ac comm odati ons
to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 f or
assistance not later than five (5) days prior to the proceeding. If hearing impaired, you may telephone
the Flo rida Rela y Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or
(877) 955-8707 (Creole).
PURSUA NT TO FS 288.0105: Anyon e who desires to app eal a ny decisio n made by any board, agency,
or commissio n with respect to any matte r considered at such meeting or h earing will need a r ec ord of the
proceedin gs, and fo r that reason, may need to ensure that a verbatim record of the proceedings is made,
whic h record Inc lu des the testimony and e viden ce upon which the app eal may be based.
Joa nna Flores, CMC
City Cl erk
City of Opa-locka
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
/
City
Manager:
Darvin E. Williams
CM Signature
10— _%
4�,v
Commission
Meeting
Date:
March 22, 2023
Item Type:
(enter Xinbox) _
Resolution
'`
Ordinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Resolution Reading:
(Enter X in box)
1st Reading
2nd Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
N/A
(Enter Fund & Dept)
Ex:
See Financial
Impact section
below
Advertising Requirement:
(Enter X in box)
Yes
No
X
ILA
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
N/A
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
x
m
•
IN
Image ❑
•
Sponsor
Name
Darvin Williams
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 OF A
SIX STORY MULTI -FAMILY APARTMENT BUILDING ON THE PROPERTY LOCATED AT THE
CORNER OF SESAME STREET AND ALI BABA AVENUE AND IDENTIFIED BY FOLIO 08-2121-
004-1861, IN THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT (HDOD) ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The applicant, NE 113 TER LLC, has submitted two development requests, one for site plan review, and one
for development agreement review. The applicant intends to construct a six -story multi -family building on
the vacant property identified by folio 08-2121-004-1861 at the corner of Sesame Street and Ali Baba Avenue
in the Historic Downtown Opa-locka District (HDOD) Zoning District which will include 1,600 square feet of
retail space and landscaping in accordance with the City of Opa-locka's Land Development Regulations. The
Planning & Community Development Department Staff has reviewed the application of NE 113 TER LLC and
has determined that the applicant has provided all information required by Section 22-55(1) of the City of
Opa-locka's Land Development Regulation for proper consideration by the Planning and Zoning Board. The
Planning and Zoning Board reviewed this request on January 10, 2023, and approved this item by a 4-0 vote
Background
According to Maim Dade County Property Appraiser's website, the subject is a 29,179 square foot vacant lot
on which the owner/applicant intends to construct a six story Multi -family building that will provide forty,
two bedroom units and provide five three bedroom units and provide fifty at grade parking spaces and 1,600
square feet of retail space also on the first floor. The applicant also intends to provide landscaping in
accordance with the requirements of the City Land Development Regulations. The development meets the
requirements for setbacks, building heights, lot coverage, parking and landscaping.
This proposed development is generally surrounded by residential properties to the west, and north and to
the east both residential and retail property and to the south the tri-rail station. The site will allow entrance
and exits on Fisherman Street and on Ali Baba Avenue.
The proposed development for a Multi -Family apartment with a retail component is in harmony with the
general characteristics of the surrounding neighborhood for residential uses. This development is also in
harmony with the requirements for the zoning district and the land use category, specifically with the City
HDOD zoning district.
Financial Impact
Approval of this site plan and of this development agreement will not provide any negative financial impact.
Proposed Action:
Staff recommended approval of this Resolution.
Attachment:
Draft Resolution
P&ZAB Application Package
P&ZAB Meeting Minutes 01-10-23
Page 1 of 5
" THE GREAT CITY "
J
ii& pie
g& r
Received:
By:
Date:
PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS
FY 2020-2021
TOTAL FEES: $ 5-0 d New Fees as of October 1, 2015
FY 2020-2021 Meeting Dates
1st 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
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 Or 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' floor
Opa-locka, FL 33054
Telephone: 305-953-2868, Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
Page 2 of 5
APPLICATION NUMBER:
" THE GREAT CITY "
ON t(
Apapc acgoza
tggingp
PLANNING & ZONING BOARD APPLICATION
Received:
By:
Date:
CHECK NUMBER: DATE RECEIVED: 06-17-22
PROPERTY OWNER'S NAME: NE 113 TER LLC
PROPERTY OWNER'S ADDRESS: 500 4th Ave Suite #3 Brooklyn, NY 112-
Number/Street City State/Zip Code
APPLICANT'S NAME: Q- Realty
APPLICANT'S ADDRESS: 500 4th Ave Suite #3 Brooklyn, NY 112t
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 561-584-0461 HOME OTHER
SUBJECT PROPERTY ADDRESS: Vacant Lot at corner of Sesame Street, Opa-locka, FL 33054
Number/Street
TAX FOLIO NUMBER: 08-2121-004-186'
LEGAL DESCRIPTION:
PRESENT ZONING:R-3(Moderate Density Residential Ditrict
WITHIN BLK CLOSED BY DB 2660/5222 DESC BEG 20FTNWLY OF SELY COR OF TR C TH N 28 DEG W205.70FT NWLY AD 22.25FT W66.B9FT S75.96FT S61 DEG W 43.44E7 S 28 DEG EI3OFT N61 DEG £53FT S
Please check specific request:
Tentative Plat
Final Plat
Comprehensive Plan Amendment: Small Scale; Large Scale (please spec(/j' type of amendmem below)
Rezoning
Drainage Plan
Fill Permit Request
Preliminary Site Plan Review
Final Site Plan Review
Conditional Use Permit — No Plans
_Conditional Use Permit — With Plans
Special Exception — No Plans
Special Exception — With Plans
)(Development Agreement
Restrictive Covenant
Other — Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
Page 3 of 5
PLANNING & ZONING BOARD APPLICATION
(Checklist)
Received:
By:
Date:
Applications will not be accepted without the following data. For a public hearing, all items below are necessary and
must be submitted.
Completed application form
Application fee payable to the City of Opa-locka 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-locka)
Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel.
Map to be I" = 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
1, Ai, hLL r 1 z , being first duly sworn, depose and say that I am the OWNER of the property ,and I
understand that this application must be complete and accurate before a public hearing can be advertised.
Signa re
Dat/17a,4/ /)
Sworn to and subscribed before me:
This = ay of 712
lc
copy of identificati
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
My commission expires
03�o3/2oa2 (�
DAILIEN CALDERON
Notary Public
State of Florida
Comm# HH235800
Expires 3/3/2026
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: 'E3. ~- �2calf�
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I 4rl tter fz
of the property legally described as:
, being first duly sworn, depose and say that I am the owner
I do give to /lc, r i
LSelt
the power of Attorney and authority to speak in my
behalf in referenppe to th'e above descri ed property. Further, by affixing my notarized signature to this document, I also
�—1 ` it B. c J C/ r^ to negotiate and commit to the City Commission and City
Adminisyation in my behhlf. I will abide by all final determinations of the City Commission and City Administration.
authorize
Signature
Date
Sworn to and subscribed before me:
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
My commission expires:
DAIUEN CALDERON
Notary Public
State of Florida
Comm* HH235800
Expires 3/3/2026
9/20/22, 5:11 PM
Detail by Entity Name
FLORIDA DEPARTMENT 01 STATE
DIVISION OF CORPORATIONS
DIVISION Of
'Alf/NZ CORPORATIONS
an official State of Florida website
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
NE 113 TER LLC
Filing Information
Document Number L20000244169
FEI/EIN Number 85-3546430
Date Filed 08/11/2020
Effective Date 08/11/2020
State FL
Status ACTIVE
Principal Address
500 4TH AVE
SUITE #3
BROOKLYN, NY 11215
Mailing Address
500 4TH AVE
SUITE #3
BROOKLYN, NY 11215
Registered Agent Name & Address
HERCZL, ARON
4577 N NOB HILL RD
SUITE 209
SUNRISE, FL 33351
Address Changed: 01/28/2021
Authorized Person(s) Detail
Name & Address
Title MGR
HERCZL, ARON
500 4TH AVE, SUITE #3
BROOKLYN, NY 11215
Annual Reports
Report Year Filed Date
2021 01/28/2021
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=NE113TE.. 1/2
9/20/22, 5:11 PM
2022 03/03/2022
Document Imaggs
03/03/2022 -- ANNUAL REPORT
01/28/2021 -- ANNUAL REPORT
08/11/2020 — Florida Limited Liability
View image in PDF format
View image in PDF format
View image in PDF format
Detail by Entity Name
Florida Department of State, Division of Corporations
https://search. su nbiz. org/Inquiry/CorporationSearch/Search Resu ItDetail?inqu irytype=EntityName&d irectionType=1 nitial&search NameOrder=N E 113TE... 2/2
Record and Return to:
(enclose self-addressed stamped envelope)
NE 113 TER, LLC
500 4TH AVE
SUITE #3
BROOKLYN, NY 11215
This Instrument Prepared by:
Burnadette Norris -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 NE 113 TER, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this day
of 2022 ("Execution Date") by and between NE 113 TER, LLC(the "Owner"), a Florida limited
liability company with the mailing address of 500 4TH AVE SUITE #3 BROOKLYN, NY 11215 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 29,179 square feet of land
located at approximately the corner of Sesame Street and Ali -Baba Avenue within the municipal
boundaries of the City and identified by Miami Dade County Tax Folio Nos. 08-2121-004-1861, (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 consist of a six -story apartment building containing over
75,300 square feet and incorporates traditional Moorish architecture to complement the surrounding
community and general design goals of the City, and 50 parking spaces for tenant parking, and the
planting of native trees and shrubs on the property perimeter and XXXX square feet of landscaped
open space in accordance with the NE 113 TER, LLC approved site plan; 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
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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, NE 113 TER,
LLC., (the "Owner"), a Florida limited liability company, with the
mailing address of 500 4TH AVE SUITE #3 BROOKLYN, NY 11215
and/or any of its respective successors, assigns, or heirs thereof.
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f. Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure
or land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221(4), F.S.
g. 'Development Permit" includes any building permit, zoning or
subdivision approval, certification, special exception, variance, or any
other official action of local government having the effect of permitting
the development of land.
h. "Effective Date" is the date this Agreement is recorded with the clerk of
the Circuit Court in and for Miami -Dade County,
i. "Entire Term" is the total term of this Agreement, combining the Initial
Term (thirty (30) years) and the Additional Term, as defined herein
j. "Execution Date" is the date that all parties have affixed their signatures
to this Agreement.
k. "Existing Zoning" means (a) all entitlements associated with the City's
approval of the NE 113 TER, LLC., Site Plan, at approximately the corner
of Sesame Street and Ali -Baba Avenue, and identified by Miami Dade County
Tax Folio Nos. 08-2121-004-1861, (the "Property"), 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 NE 113 TER, LLC., Site Plan, at approximately
THE CORNER OF SESAME STREET AND ALI-BABA AVENUE, "Final
Site Plan" approved by the City Commission via Resolution No.
for the Proposed Development which includes the construction of a four story
building containing 8,675 square feet and incorporates traditional Moorish
architecture to complement the surrounding community and general design goals of
the City, and 50 parking spaces for tenant parking, and the planting of native trees
and shrubs on the property of landscaped open space in accordance with the NE
113 TER, 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 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 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, NE 113 TER, LLC.,
s. "Project" shall mean the NE 113 TER, LLC and development of the 29,179
square foot Property at THE CORNER OF SESAME STREET AND ALI-
BABA AVENUE, and identified by Miami -Dade County Tax Folio Nos 08-
2121-004-1861 (the "Property), as described in the site plans prepared by
RABITS & ROMANO ARCHITECTURE, and dated 5-20-22, which
proposes the construction of a six -story residential multi -family building
containing 29,179 square feet and incorporates traditional Moorish architecture to
complement the surrounding community and general design goals of the City and
the development of 50 tenant parking spaces; the planting of native and shrubs on
the property and X,XXX square feet of landscape coverage in accordance with the
NE 113 TER, 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.
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
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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
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
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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 November 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:
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:
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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, NE 113 TER,
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.
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
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(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.
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
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.
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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
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
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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: NE 113 TER, LLC.,
500 4TH AVE SUITE #3
BROOKLYN, NY 11215
And
With a copy to:
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
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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
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
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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 , 2023.
Approved for form and legal sufficiency:
City Attorney:
NE 113 TER, LLC., a Florida limited liability
company
WITNESS:
Signature
Print Name
Signature
By:
Owner/Agent
Title: Manager
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Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me, by means of physical
presence or online notarization, on this day of , 2023 by XXXXXX XXXXX
as Manager of NE 113 TER, LLC., a Florida limited liability company. He is:
personally known to me, or
produced identification. Type of identification produced
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
EXHIBIT A
Legal Description
• According to Miami -Dade County Property Appraiser's website, the subject Property's legal description is as follow:
OPA LOCKA 2ND REV PLAT NO 2 PB 34-76 PORT OF TRS B & C BLK 104 & ALLEY LYG WITHIN BLK CLOSED BY
DB 2660/5222 DESC BEG 20FTNWLY OF SELY COR OF TR C TH N 28 DEG W205.70FT NWLY AD 22.25FT W66.69FT
S75.96FT S 61 DEG W 43.44FT S 28 DEG E13OFT N 61 DEG E53FT S 28 DEG E75FT N 61 DEG E75FT NELY AD 31.42FT
TO
POB ALL LYG NLY OF ALI BABA & WLY OF SESAME LOT SIZE 29179 SQ FT OR 20449-3731 0602 6 COC 22547-0601 07
2004 6
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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 NE 113 TER, LLC., as approved by the City of Opa-Locka City
Commission pursuant to Resolution No. , passed and adopted on , 2023
(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.
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