HomeMy Public PortalAboutResolution No. 23-096 - Resolution approving Development Agreement modification for 14585 NW 22 AvenueSponsored by Interim City Manager
RESOLUTION NO. 23-096
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA APPROVING THE
AMENDMENT OF THE PREVIOUSLY APPROVED
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 082122-005-0690 IN THE B-2
ZONING DISTRICT; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 14, 2023, pursuant to Resolution 22-083, the City
Commission of the City of Opa-Locka ("City Commission") approved the Development
Agreement Approval Request of Applicant, Mauricio Falla; and
WHEREAS, the Applicant desires to amend certain terms of the Development Agreement
to ensure consistency with its operations and is now requesting modification of the Agreement; and
WHEREAS, Applicant specifically requests to amend Section 9(e) to remove the following
language, "and encumbrances, with the exception of any current or future mortgage(s)"; and
WHEREAS, the Applicant is also requesting amendment of the Development Agreement,
Section 9(k) 4 to include the following language, "Neither party shall be responsible for delays or
lack of performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control
of a party", and
WHEREAS, amendment for the removal and addition of the language, as provided herein,
requires review and approval by the City Commission; and
WHEREAS, 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 carwash at this location.
Sponsored by Interim City Manager
WHEREAS, the development will also include 9 car parking spaces, 19 new assorted trees,
359 shrub plants and landscaped open space.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this Resolution by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Development Agreement Amendment. The City Commission of the
City of Opa-Locka has reviewed the request by the Applicant to amend the Development
Agreement and hereby approves / denies the Development Agreement amendment by
removal and addition of the language, as provided herein. A copy of the Development
Agreement with the approved modification 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 of this Resolution may be authorized by the Interim City
Manager, following review by the City Attorney, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 28th day of June, 2023.
John Taylor, Mayor
ATTEST:
es, City Clerk
Gn n pliei I&11!s, The,yeleiE
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Sponsored by Interim City Manager
j
414e(1141
Burnadette Norris -
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
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
City
Manager: er.....AC
Darvin Williams
CM Signature
Commission
Meeting
Date:
June 14, 2023
Item Type:
(Enter X in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(Enter xirr box)
Yes
No
Ordinance Reading.
(Enter X in box)
1St Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding
Source:
r4ccount# :
(Enter Fund & Dept)
Ex:
See Financial
Impact section
below
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
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 Image
Communication
Area:
•
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
El
•
MI
Sponsor
Name
City Manager
Department: Planning & Community
Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE
MODIFICATION OF THE PREVIOUSLY APPROVED 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:
After the City Commission approved the Development Agreement by Resolution 22-083 on December 14,
2022, 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, the applicant, Mauricio Falla, and his Attorney determined that they
were not in agreement with certain items in the Development Agreement. The applicant is requesting
modification of Section 9(e) and 9(k) 4 of the Development Agreement to remove the following language, 9(e)
"and encumbrances, with the exception of any current or future mortgage(s)," and add 9(k) 4, "Neither party
shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control
of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material
shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party". The City Attorney has provided that the requested modification of this
Development Agreement requires review and approval by the City Commission.
Background
The applicant, Mauricio Falla has submitted an application for site plan approval to demolish the current
building at 14585 NW 2211d 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.
This property is located in the southeast section of the City at the intersection of Service Road and NW 22"x"
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-locka '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 development agreement modification will not provide any negative financial impact.
Proposed Action:
Staff recommended approval of this Resolution.
Attachment:
DRAFT Resolution
Development Agreement - with Modification
P&Z Application Package
P&Z Board Meeting Minutes 9-13-22
Resolution 22-083
RESOLUTION NO. 23-XXXXXXX
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA APPROVING THE
MODIFICATION OF THE PREVIOLUSLY APPROVED
DEVELOPMENT AGREEMENT REQUEST FOR THE
CONSTRUCTION AND OPERATION OF
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, after the City Commission approved the Development Agreement by
Resolution 22-083 on December 14, 2023, the applicant, Mauricio Falla, and his Attorney
determined that they were not in agreement with certain items in the Development
Agreement; and
WHEREAS, the applicant is requesting modification of the Development
Agreement, Section 9(e) to remove the following language, "and encumbrances, with the
exception of any current or future mortgage(s)," and
WHEREAS, the applicant is also requesting modification of the Development
Agreement, Section 9(k) 4 to include the following language, "Neither party shall be
responsible for delays or lack of performance resulting from acts beyond the reasonable
control of the party or parties. Such acts shall include, but not be limited to, acts of God,
fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or
any other conditions beyond the reasonable control of a party", and
WHEREAS, the City Attorney has provided that the requested modification for
the removal of this language requires review and approval by the City Commission; and
WHEREAS, the applicant, Mauricio Falla 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.
WHEREAS, the development will also include 9 car parking spaces, 19 new
assorted trees, 359 shrub plants and landscaped open space; 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this Resolution
by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Development Agreement. The City Commission of the City
of Opa-Locka has reviewed the request by the applicant to modify the
Development Agreement and hereby approves / denies the Development
Agreement modification by removal and addition of the language identified in
this resolution 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 the approved modification and 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, or the City Manager's designee, without need of public hearing, by filing
a corrected or re -codified copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of
Opa-Locka Code of Ordinances and the City of Opa-Locka Charter.
PASSED AND ADOPTED this day of , 2023.
John Taylor, Mayor
ATTEST:
Joanna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by:
Seconded by:
VOTE:
Commissioner Williams
Commissioner Kelley
Commissioner Bass
Vice Mayor Ervin
Mayor Taylor
Record and Return to:
(enclose self-addressed stamped envelope)
Julio Marrero, Esq.
Developers Attorney
3850 Bird Road, Ste 1001
Miami, FL 33146
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
, 2023 ("Execution Date") by and between the Owner, Maclam Investment, LLC, a
Florida Corporation, with the mailing address of 10773 NW 58th Street No. 140, Doral, Florida 33178
(hereinafter "Owner") and the City of Opa-Locka, Florida, a municipal corporation and a political
subdivision of the State of Florida (hereinafter "City"), with a mailing address of 780 Fishermen Street,
4th Floor, Opa-locka Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 20,886 square feet of land
located at 14585 NW 22" Avenue, Opa-Locka, FL 33054, within the municipal boundaries of the City
and identified by Miami -Dade County Tax Folio No.08-2122-005-0690 (the "Property"), the legal
description of which is attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number 22-082 approving a Master Site
Plan for the Convenience Store, Service Station with 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
1
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City Commission pursuant to Resolution No. 22-083, adopted on December 14,
2022, authorizes the City Manager to execute this Agreement upon the terms and conditions set forth by
the City Commission and listed below, and the undersigned being duly authorized by Owner 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 constitute adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means any one or more additional term(s) approved by mutual
written 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 entity undertaking the development of the Property, defined
in the preamble to this Agreement, Maclam Investment, LLC., with the address
of 10773 NW 58th Street No. 140, Doral, Florida 33178and/or any of its
respective successors, assigns, or heirs thereof.
(0 "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami -Dade County,
2
"Entire Term" is the total term of this Agreement, combining the Initial 30 Year
Term and the Additional Term, as defined herein.
"Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
"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. 22-083 for a Convenience Store & Service Station with two
additional retail units and a carwash at 14585 NW 22°" Avenue, Opa-locka,
FL 33054.
(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 Unified Land Development Regulation Code, the Ordinance and the
Resolution Number 15-31.
(r) "Parties" means the City and the Owner
(s) "Project" is the Maclam Investment, LLC's Convenience Store and Service
Station at 14585 NW 22" Avenue, Opa-locka, FL 33054 as described in the
plans prepared by Flallo's MEP Design, Inc., and dated February 2, 2021, which
proposed the development of an approximately 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°"
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."
3
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Number 22-082 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 22-083 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 effect, and be binding on all Parties (including the Owner) and all
persons claiming under it for an Initial Term of thirty (30) years from the Effective Date,
and may be extended for one or more Additional Term(s) thereafter by mutual consent of
the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to
any extension of this Agreement requires approval of both parties to this Agreement. No
notice of termination shall be required by either party upon the expiration of this
Agreement and thereafter the parties hereto shall have no further obligations under this
Agreement. The obligations imposed pursuant to this Agreement upon the parties and
upon the Property shall run with and bind the Property as covenants running with the
Property, and this Agreement shall be binding upon and enforceable by and against the
parties hereto, their personal representatives, heirs, successors, grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the agreement, the city shall
have ability and the rights under its police power to adopt Zoning Regulations not
inconsistent with the rights granted hereunder. In the event of termination or default, no
further rights under this agreement shall exist, whether brought under a claim of vested
right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner
agrees as follows:
4
(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 written
representations submitted to the City Commission in order to receive approval of
the approved 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
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 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 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
5
the Property pursuant to this Paragraph. Any new owner must abide by
the terms of this agreement until July 2052. Nothing in this section and
in this Agreement shall be construed to restrict the Owners right to
Mortgage the Property. Owner shall have the right to mortgage its interest
in the Property, including the personal property located therein or used in
the operation of the proposed Project in any amount, as many times, and
on such other terms determined by Owner in its sole and absolute
discretion without the approval of the City, and to amend, modify and
refinance any such mortgage(s) in its sole and absolute discretion and
without the City's approval.
(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
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 Final Site Plan except as approved by the
City in the City's reasonable 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.
(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 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
encourage all contractors retained to develop the Project to
do the same, as follows:
a) Prepare and provide the City with an outreach plan
that outlines the Owner's anticipated commercially
reasonable efforts to provide construction -related and
6
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- locks; 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).,
0) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(k) The following timelines shall be complied with by Owner and shall apply
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.
3. Must complete project: within 24 months following issuance of
permits. The City Manager may grant a single 12 month extension for
good cause.
4. Neither party shall be responsible for delays or lack of performance
resulting from acts beyond the reasonable control of the party or
parties. Such acts shall include, but not be limited to, acts of God, fire,
strikes, material shortages, compliance with laws or regulations, riots,
acts of war, or any other conditions beyond the reasonable control of a
party. (Mr. Maclam did not indicate that this was also being removed)
PLEASE ADVISE
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City 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:
Commend [D)1]: I would like to seek further clarity on
Section 9(i) so that my client is properly informed of his duties
regarding this section. Please call me at 786-088-7176 to discuss.
(a) Modifications to the Final Site Plan;
(b) Water, sewer, paving and drainage permits;
(c) Building permits;
(d) Sign permits;
(e) Certificate of occupancy;
(f) Business License and Certificates of use;
(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 liens, fees, code violations or unpaid assessments, except for any
mortgage(s), 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.
(i)
All currently non -compliant building, physical structures or vehicles at 14585
NW 22'd 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 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. 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 Owner constructs the
Property in compliance with the City's Laws, Comprehensive Plan and Land
Development Regulations in existence as of the Effective Date. Owner shall be bound by
the City impact fees and assessments in existence as of the Effective Date of this
Agreement, and nothing in this paragraph shall relieve the Owner of the requirement to
pay such impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
the City hereby fords 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.
8
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 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 Owner consents to such changes and except as otherwise provided in
the Act. The City may apply subsequently adopted laws or policies to the Property only
as permitted or required by the Act or as provided above or upon this agreement being
terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any future 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 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 or the Final Site Plan.
16. Good Faith; Further Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations
under this Agreement in order to secure to themselves the mutual benefits created under
this Agreement. In that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement, provided that the
foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the
City's police power or actions of the City when acting in a quasi-judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
9
If to the City at:
With a copy to:
If to the Owners/Owners at:
With a copy
City Manager
City of Opa.-Locka
780 Fishermen Street, 4th Floor
Opa-Locka, Florida 33054
Law Offices of Bumadette 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
Maclam Investment, LLC C/O
Mauricio Fallo
10773 NW 58th Street, No. 140
Doral, Florida 33178
Law Offices of Marrero, Serrano,
Farah Law, LP
Julio Marrero, Esq.
3850 Bird Road, Ste 1001
Miami, FL 33146
18. Governing Laws, Construction and Litigation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida. The Owners/Owners and
the City agree that Miami -Dade County, Florida is the appropriate venue in connection
with any litigation between the parties with respect to this Agreement. All of the parties
to this Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the parties
hereto. In construing this Agreement, captions, and section and paragraph headings shall
be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and
made a part of, this Agreement. In the event of any litigation between the parties under
this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution
of this Agreement which are applicable to and preclude the parties' compliance with the
terms of this Agreement, such Agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal laws.
10
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 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 Owner shall indemnify and hold harmless the City, its elected and
appointed officials, employees, agents and assigns from and against any claims or
litigation arising 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.
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 City Manager
Dated: day of , 20
Approved for form and legal sufficiency:
City Attorney:
12
OWNER
Maclam Investment, LLC.
WITNESS:
By:
Signature Name: Mauricio Falla
Title: Manager
Print Name
Signature
Print Name
STATE OF FLORIDA
)
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 Commission Expires:
13
Notary Public, State of Florida at Large
Print 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 TO POB FORR/W LOT SIZE 20886 SQ FT
FOLIO NO: 08-2122-005-0690
14
EXHIBIT B
CITY'S ANNUAL REPORT FORM
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
CITY OF OPA-LOCKA
ANNUAL REPORT FORM
Reporting Period: to
Month/Day/Year Month/Day/Year
Name and Title of Individual Completing Report:
Address :
Street Location
City, State, Zip
1. Describe any changes made to the proposed plan of development, during the Reporting
Period, as approved by the City of Opa-Locka City Commission ("City") pursuant to
Resolution No. , passed and adopted on , 2022.
2. Describe any changes, if any, to the Development Agreement between the City of Opa-
Locka, Florida, and the Owner, Maclam Investment, LLC, a Florida Corporation, as
approved by the City of Opa-Locka City Commission pursuant to Resolution No. 22-083_,
passed and adopted on December 14, 2022 (the "Development Agreement").
3. Provide a list of development permits for vertical construction issued by the City during
the Reporting Period.
4. Provide a list of certificates of occupancy within the project that have been issued by the
City during the Reporting Period.
5. Describe compliance with Paragraph 9 (Development Conditions (a) -(k)) of the
Development Agreement during the Reporting Period.
6. Provide a statement confirming that all persons have been sent copies of the annual report
in conformance with Section 17 of the Development Agreement.
15
Page 1 of 5
" THE GREAT CITY "
010 il)
giortizip
Received:
By:
Date:
PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS
FY 2020-2021
TOTAL FEES: $5,19 Ncw Fccs as of October 1, 2015
FY 2020-2021 Meeting Dates
lat Tuesday of Each Month)
October 5, 2021
November 2, 2021
December 7, 2021
January 4, 2022
February I, 2022
March 1, 2022
April 5, 2022
May 3, 2022
June 7, 2022
July 5, 2022
August 2, 2022
September 6, 2022
Vigo/
Date Annlication 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 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 pot being scheduled to be heard at a meeting.
2. tithe applicant seeking to appear before the Planning & Zoning Board is not the property owner he must
provide an affidavit of authorization from the property owner.
3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission
Chambers, Meeting Time 7:00 P.M. (time and location are subject to change, please check with the Planning and
Community Development Department for exact time and location of the meetings).
4. Application package must include all required documents per checklist and fees of The City of Opa-locka,
The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon
finding of sufficiency.
5. You are required to complete and return this application along with all the information and documentation
(see page 2 check list) requested to the:
Cily of Opa-locka
Planning & Community Development Department
780 Fishermen Street 4th floor
Opa-locka, FL 33054
Telephone: 305-953-2868, Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
Page 2 of 5
" THE GREAT CITY "
61*
n� LY'
cigacm
970raa
PLANNING & ZONING BOARD APPLICATION
Received:
By:
Date:
APPLICATION NUMBER: CHECK 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: Ma,uricio Falla
APPLICANT'S ADDRESS: 10773 NW 55th ST #140 Dural, FL 33175
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
PR 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
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
Signature
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 (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 final site plans, along with property survey, signed and notarized application(s) must be
submitted on flash drive in PI)F 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 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
1,1,1\00, \ UO , 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.
Date
Sworn to and subscribed before me:
This /6) day of May 90
Notary Public
Attach copy of identification
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
My commission expires
Page 4 of 5
PLANNING & ZONING BOARD APPLICATION
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa-locka
From: Mauricio Falla, Maclam Investment LLC
1) Jorge Fiallo _ _ 2) Sonia Gonzalez
Fiallo's MEP Design Inc. The Permit Shop
10010 SW 83rd S _ 4100 N. 58th Ave #109
Miami. FL 33173
305-877-1845
jfiallo@fiallomepdesign.com thepermitshopagmail.com
Hollywood FL 33021
305-796-0141
Subject:
Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I Mauricio Falla . being first duly sworn, depose and say that I am the owner
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
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, I also
authorize lorge Fiallo Sonia Gonzalez to negotiate and commit to the City Commission and City
Administration In my behalf. I will abide by all final determinations of the City Commission and City Administration.
Signatur
D5!I7l)_0)4
#6141:""o GABRIELAPEREZ
* _ ` * Commission # HH 230207
Dale �''Fe ��p.c Expires February 17, 2028
Sworn to and subscribed before me:
This l"4' day of , 9-0'. --
Reference to Ordinance I5-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
My commission expires: 1) ! --')t)•6
Page 5 of 5
Attach copy of identification
PLANNING & ZONING BOARD
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 14585 NW 22 Ave
Received:
By:
Date:
LEGAL DESCRIPTION: 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
I SUPPORT THIS DEVELOPMENT REQUEST
I 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
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
IRCZ DEPARTMENT OF THE TREASURY
Al-LYINTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 11-02-2020
Employer Identification Number:
85-3726617
Form: SS -4
Number of this notice: CP 575 B
MACLAM INVESTMENT LLC
MAURICIO FALLA MBR
10773 NW 58TH ST APT 140
DORAL, FL 33178
For assistance you may call us at:
1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you
EIN 85-3726617. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one EIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
Based on the information received from you or your representative, you must file
the following form(s) by the date(s) shown.
Form 1065 03/15/2021
If you have questions about the form(s) or the due date(s) shown, you can call us at
the phone number or write to us at the address shown at the top of this notice. If you
need help in determining your annual accounting period (tax year), see Publication 538,
Accounting Periods and Methods.
We assigned you a tax classification based on information obtained from you or your
representative. It is not a legal determination of your tax classification, and is not
binding on the IRS. If you want a legal determination of your tax classification, you may
request a private letter ruling from the IRS under the guidelines in Revenue Procedure
2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note:
Certain tax classification elections can be requested by filing Form 8832, Entity
Classification Election. See Form 8832 and its instructions for additional information.
A limited liability company (LLC) may file Form 8832, Entity Classification
Election, and elect to be classified as an association taxable as a corporation. If
the LLC is eligible to be treated as a corporation that meets certain tests and it
will be electing S corporation status, it must timely file Form 2553, Election by a
Small Business Corporation. The LLC will be treated as a corporation as of the
effective date of the S corporation election and does not need to file Form 8832.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the Internet, call
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
(IRS USE ONLY) 575B 11-02-2020 MACL B 9999999999 SS -4
IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you. You
may give a copy of this document to anyone asking for proof of your EIN.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax -related correspondence and documents.
If you have questions about your EIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub.
Your name control associated with this EIN is MACL. You will need to provide this
information, along with your EIN, if you file your returns electronically.
Thank you for your cooperation.
Keep this part for your records. CP 575 B (Rev. 7-2007)
Return this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
CP 575 B
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 11-02-2020
( ) - EMPLOYER IDENTIFICATION NUMBER: 85-3726617
FORM: SS -4 NOBOD
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
'IIIIIIIIIIIIIIII 11111111111 Iul llllllllll llllllllll
MACLAM INVESTMENT LLC
MAURICIO FALLA MBR
10773 NW 58TH ST APT 140
DORAL, FL 33178
Electronic Articles of Organization
For
Florida Limited Liability Company
Article I
The name of the Limited Liability Company is:
MACLAM INVESTMENT LLC
L20000335744
FILED 8:00 AM
October 22, 2020
Sec. Of State
jafason
Article II
The street address of the principal office of the Limited Liability Company is:
10773 NW 58TH STREET
140
DORAL, FL. UN 33178
The mailing address of the Limited Liability Company is:
10773 NW 58TH STREET
140
DORAL, FL. UN 33178
Article III
The name and Florida street address of the registered agent is:
BIZCPAS
1300 NW 84TH AVE
DORAL, FL. 33126
Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am familiar with and accept the
obligations of my position as registered agent.
Registered Agent Signature: OBDULIA LEMUS
Article IV
The name and address of person(s) authorized to manage LLC:
Title: MGR
MAURICIO FALLA
10773 NW 58TH STREET APT 140
DORAL, FL. 33178 UN
Title: MGR
CLARA I DUENAS
9995 NW 75 STREET
DORAL, FL. 33178 UN
Title: MGR
AMILKAR J CONTRERAS
10710 NW 66 STREET APT 512
MIAMI, FL. 33178 UN
L20000335744
FILED 8:00 AM
October 22, 2020
Sec. Of State
jafason
Article V
The effective date for this Limited Liability Company shall be:
10/22/2020
Signature of member or an authorized representative
Electronic Signature: MAURICIO FALLA
I am the member or authorized representative submitting these Articles of Organization and affirm that the
facts stated herein are true. I am aware that false information submitted in a document to the Department
of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to
file an annual report between January 1st and May 1st in the calendar year following formation of the LLC
and every year thereafter to maintain "active" status.
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
1. Magnolia Gardens Consolidated
Lots 41-44, Block 336, PB 50-5
08-2122-005-0690
P.A. 14585 NW 22 AVE
2. Magnolia Gardens Consolidated
Lot 1, Block 336, PB 50-5
08-2122-005-0270
P.A. 2180 SERVICE RD
3. Magnolia Gardens Consolidated
Lot 2, Block 336, PB 50-5
08-2122-005-0280
P.A. 2170 SERVICE RD
4. Magnolia Gardens Consolidated
Lot 3, Block 336, PB 50-5
08-2122-005-0290
P.A. 2160 SERVICE RD
5. Magnolia Gardens Consolidated
Lot 4, Block 336, PB 50-5
08-2122-005-0300
P.A. 2150 SERVICE RD
6. Magnolia Gardens Consolidated
Lot 5, Block 336, PB 50-5
08-2122-005-0310
P.A. 2140 SERVICE RD
7. Magnolia Gardens Consolidated
Lot 6, Block 336, PB 50-5
08-2122-005-0320
P.A. 2130 SERVICE RD
8. Magnolia Gardens Consolidated
Lot 7, Block 336, PB 50-5
08-2122-005-0330
P.A. 2120 SERVICE RD
9. Magnolia Gardens Consolidated
Lot 8, Block 336, PB 50-5
08-2122-005-0340
P.A. 2110 SERVICE RD
Owners
Maclam Investment LLC
10773 NW 586 ST, Ste. 140
Doral, FL 33178
Edward Alonza Frierson
2180 Service Rd.
Opa Locka, FL 33054
Kimberly Jackson / Brandon Bailey
4291 NW 44th Ct
Lauderdale Lakes, FL 33319
Porfirio M. Bonet
19201 S. St. Andrews Dr.
Hialeah, FL 33015
John S. Bailey & w Tanya
2150 Service Rd.
Opa Locka, FL 33054
McCoy Fam Legacy Prtnship LLLP
101 NW 3rd Ave. 1420
Ft. Lauderdale, FL 33301
Odalys Isabel Ramirez Reyes
2130 Service Rd.
Opa Locka, FL 33054
Porfirio M. Bonet
19201 S. St. Andrews Dr.
Hialeah, FL 33015
Debbie P. Nails
18040 NW 2nd PL.
Miami, FL 33169
1
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
10. Magnolia Gardens Consolidated
Lot 40, Block 336, PB 50-5
08-2122-005-0660
P.A. 2181 RUTLAND ST
11. Magnolia Gardens Consolidated
Lot 39, Block 336, PB 50-5
08-2122-005-0650
P.A. 2171 RUTLAND ST
12. Magnolia Gardens Consolidated
Lot 38, Block 336, PB 50-5
08-2122-005-0640
P.A. 2161 RUTLAND ST
13. Magnolia Gardens Consolidated
Lot 37, Block 336, PB 50-5
08-2122-005-0630
P.A. 2151 RUTLAND ST
14. Magnolia Gardens Consolidated
Lot 36, Block 336, PB 50-5
08-2122-005-0660
P.A. 2141 RUTLAND ST
15. Magnolia Gardens Consolidated
Lot 35, Block 336, PB 50-5
08-2122-005-0610
P.A. 2131 RUTLAND ST
16. Magnolia Gardens Consolidated
Lot 34, Block 336, PB 50-5
08-2122-005-0600
P.A. 2121 RUTLAND ST
17. Magnolia Gardens Consolidated
Lot 33, Block 336, PB 50-5
08-2122-005-0590
P.A. 2111 RUTLAND ST
18. Magnolia Gardens Consolidated
Lot 32, Block 336, PB 50-5
08-2122-005-0580
P.A. 2101 RUTLAND ST
Owners
Edward Tynes & w Valerie
5275 NW 181St Ter.
Opa Locka, FL 33055
US Housing Equity Fund LLC
20295 NE 29th PL 100A
Aventura, FL 33180
Althea Jacobs
2161 Rutland St.
Opa Locka, FL 33054
Notsas Renaissance LLC
1189 NW 446 Ave.
Lauderhill, FL 33313
Marion Denson & w Catherine
4344 NW 202nd St.
Carol City, FL 33055
Savannah Allen / Shirley Wallace
2131 Rutland St.
Opa Locka, FL 33054
34 Ways Foundation Inc.
PO Box 308
Metaire, LA 70004
Randall Neal Thomas LE
2111 Rutland St.
Opa Locka, FL 33054
Stacy Lewis Thomas
2101 Rutland St.
Opa Locka, FL 33054
2
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
19. Magnolia Gardens Consolidated
Lots 41-44, Block 339, PB 50-5
08-2122-005-1120
P.A. 14495 NW 22 AVE
20. Magnolia Gardens Consolidated
Lot 1, Block 339, PB 50-5
08-2122-005-0700
P.A. 2190 RUTLAND ST
21. Magnolia Gardens Consolidated
Lot 2, Block 339, PB 50-5
08-2122-005-0710
P.A. 2180 RUTLAND ST
22. Magnolia Gardens Consolidated
Lot 3, Block 339, PB 50-5
08-2122-005-0720
P.A. 2170 RUTLAND ST
23. Magnolia Gardens Consolidated
Lot 4, Block 339, PB 50-5
08-2122-005-0730
P.A. 2160 RUTLAND ST
24. Magnolia Gardens Consolidated
Lot 5, Block 339, PB 50-5
08-2122-005-0740
P.A. 2150 RUTLAND ST
25. Magnolia Gardens Consolidated
Lot 6, Block 339, PB 50-5
08-2122-005-0750
P.A. 2140 RUTLAND ST
26. Magnolia Gardens Consolidated
Lot 7, Block 339, PB 50-5
08-2122-005-0760
P.A. 2130 RUTLAND ST
27. Magnolia Gardens Consolidated
Lot 8, Block 339, PB 50-5
08-2122-005-0770
P.A. 2120 RUTLAND ST
Owners
NW22LLC
20281 E. Country Club Dr. Ste. 1805
Aventura, FL 33180
Sharon Ann Brown
2190 Rutland St.
Opa Locka, FL 33054
Elituob 2016 LLC
1301 Miami Gardens Dr. Unit 806W
Miami, FL 33179
Yunior Rodriguez / Marianela Perez
2170 Rutland St.
Opa Locka, FL 33054
Tercena Raffelita Lawrence
2160 Rutland St.
Opa Locka, FL 33054
Jorge Rojas De Leon
2150 Rutland St.
Opa Locka, FL 33054
Romisa 2140 LLC
3450 SW 32nd St.
Opa Locka, FL 33055
Marta Argelia Alvarado
2130 Rutland St.
Opa Locka, FL 33054
Marion Sims
2120 Rutland St.
Opa Locka, FL 33054
3
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
28. Magnolia Gardens Consolidated
Lot 9, Block 339, PB 50-5
08-2122-005-0780
P.A. 2110 RUTLAND ST
29. Magnolia Gardens Consolidated
Lot 40, Block 339, PB 50-5
08-2122-005-1090
P.A. 2181 WILMINGTON ST
30. Magnolia Gardens Consolidated
Lot 39, Block 339, PB 50-5
08-2122-005-1080
P.A. 2171 WILMINGTON ST
31. Magnolia Gardens Consolidated
Lot 38, Block 339, PB 50-5
08-2122-005-1070
P.A. 2161 WILMINGTON ST
32. Magnolia Gardens Consolidated
Lot 37, Block 339, PB 50-5
08-2122-005-1060
P.A. 2151 WILMINGTON ST
33. Magnolia Gardens Consolidated
Lot 36, Block 339, PB 50-5
08-2122-005-1050
P.A. 2141 WILMINGTON ST
34. Magnolia Gardens Consolidated
Lot 35, Block 339, PB 50-5
08-2122-005-1040
P.A. 2131 WILMINGTON ST
35. Magnolia Gardens Consolidated
Lot 34, Block 339, PB 50-5
08-2122-005-1030
P.A. 2121 WILMINGTON ST
36. Magnolia Gardens Consolidated
Lot 33, Block 339, PB 50-5
08-2122-005-1020
P.A. 2111 WILMINGTON ST
Owners
Bene Homes LLC
9030 SW 48th Ter.
Miami, FL 33165
Mitchell Allen Jackson & Icilda
2181 Wilmington St.
Opa Locka, FL 33054
Lucky O. Connor
291 N. Biscayne River Dr.
Miami, FL 33169
Herman Fluitt & Eloise Fluitt
2606 Raven Lake Ct.
Pearland, TX 77584
Luciferous Holdings LLC
2151 Wilmington St.
Opa Locka, FL 33054
Camelle Joseph
2141 Wilmington St.
Opa Locka, FL 33054
Linda B. Jackson
2131 Wilmington St.
Opa Locka, FL 33054
Johnnie Mae Mosley & Charrise
2121 Wilmington St.
Opa Locka, FL 33054
Tracy White & Kirby White
2111 Wilmington St.
Opa Locka, FL 33054
4
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
37. Magnolia Gardens Consolidated
Lot 32, Block 339, PB 50-5
08-2122-005-1010
P.A. 2101 WILMINGTON ST
38. Magnolia Gardens Consolidated 2nd Add.
Lot 32, Block 343, PB 49-70
08-2122-009-0050
P.A. N/A
39. Magnolia Gardens Consolidated
Lot 1, Block 343, PB 50-5
08-2122-005-1570
P.A. 14430 NW 21 CT
40. Magnolia Gardens Consolidated
Lot 2, Block 343, PB 50-5
08-2122-005-1580
P.A. 14420 NW 21 CT
41. Magnolia Gardens Consolidated
Lot 32, Block 344, PB 50-5
08-2122-005-2160
P.A. 14445 NW 21 CT
42. Magnolia Gardens Consolidated
Lot 31, Block 344, PB 50-5
08-2122-005-2150
P.A. 14435 NW 21 CT
43. Magnolia Gardens Consolidated
Lot 1, Block 344, PB 50-5
08-2122-005-1850
P.A. 2130 WILMINGTON ST
44. Magnolia Gardens Consolidated
Lot 2, Block 344, PB 50-5
08-2122-005-1860
P.A. 2120 WILMINGTON ST
45. Magnolia Gardens Consolidated
Lots 12, 13 & N21.5' Lot 14, Block 335, PB 50-5
08-2122-005-0120
P.A. 14566 NW 22 AVE
Owners
Shirley B. Daniels
2101 Wilmington St.
Opa Locka, FL 33054
Abbas Ugur
46 NW 95th St.
Miami, FL 33150
Maua Investments LLC
4699 N. Federal Hwy, Ste. 109E
Pompano Beach, FL 33064
Jose Esquivel
3282 NW 50th St.
Miami, FL 33142
Alicia L. Donald
3422 NW 5th Ave.
Miami, FL 33127
Laura Adams Roberts
14435 NW 21st Ct.
Opa Locka, FL 33054
Lorenzo Akin
15421 NW 27th PL.
Miami Gardens, FL 33054
Marie E. Falaise
268 SW Grove Ave.
Port St. Lucie, FL 34983
M&N Property Investment Inc.
14566 NW 22°d Ave.
Opa Locka, FL 33054
5
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
46. Magnolia Gardens Consolidated
S28.5' Lot 14, Block 335, PB 50-5
08-2122-005-0140
P.A. N/A
47. Magnolia Gardens Consolidated
Lot 15, Block 335, PB 50-5
08-2122-005-0150
P.A. N/A
48. Magnolia Gardens Consolidated
Lot 11, Block 335, PB 50-5
08-2122-005-0110
P.A. 2210 SERVICE RD
49. Magnolia Gardens Consolidated
Lot 10, Block 335, PB 50-5
08-2122-005-0100
P.A. 2220 SERVICE RD
50. Magnolia Gardens Consolidated
Lot 9, Block 335, PB 50-5
08-2122-005-0090
P.A. 2230 SERVICE RD
51. Magnolia Gardens Consolidated
Lot 8, Block 335, PB 50-5
08-2122-005-0080
P.A. 2240 SERVICE RD
52. Magnolia Gardens Consolidated
Lot 16, Block 335, PB 50-5
08-2122-005-0160
P.A. 2211 RUTLAND ST
53. Magnolia Gardens Consolidated
Lot 17, Block 335, PB 50-5
08-2122-005-0170
P.A. 2221 RUTLAND ST
54. Magnolia Gardens Consolidated
Lot 18, Block 335, PB 50-5
08-2122-005-0180
P.A. 2231 RUTLAND ST
Owners
M&N Property Investment Inc.
14566 NW 22nd Ave.
Opa Locka, FL 33054
M&N Property Investment Inc.
14566 NW 22nd Ave.
Opa Locka, FL 33054
Geraldine Jones
1610 NW 154th St.
Opa Locka, FL 33054
Constance Green Syder LE
2601 NW 162nd Ter.
Miami Gardens, FL 33054
De Jesus 2 Realty LLC
5445 Collins Ave. CU28
Miami Beach, FL 33140
Cruz M. Matos LE
2240 Service Rd.
Opa Locka, FL 33054
William Boyd III
2211 Rutland St.
Opa Locka, FL 33054
Sofia Garcia & Sofia Cruz
2221 Rutland St.
Opa Locka, FL 33054
Terell Killings
2161 NW 60th St.
Miami, FL 33142
6
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
55. Magnolia Gardens Consolidated
Lot 12, Block 340, PB 50-5
08-2122-005-1240
P.A. N/A
56. Magnolia Gardens Consolidated
Lot 13, Block 340, PB 50-5
08-2122-005-1250
P.A. N/A
57. Magnolia Gardens Consolidated
Lot 14, Blk 340 & Lot 1, Blk 356, PB 50-5
08-2122-005-1260
P.A. 14460 NW 22 AVE
58. Magnolia Gardens Consolidated
Lot 11, Block 340, PB 50-5
08-2122-005-1230
P.A. 2210 RUTLAND ST
59. Magnolia Gardens Consolidated
Lot 10, Block 340, PB 50-5
08-2122-005-1220
P.A. 2220 RUTLAND ST
60. Magnolia Subdivision 2nd Add.
Lot 6, Block 1, PB 46-89
08-2122-004-0050
P.A. 2236 ALI BABA AVE
61. Magnolia Subdivision 2nd Add.
Portion of Block 1, PB 46-89
08-2122-004-0040
P.A. 2222 ALI BABA AVE
62. Magnolia Subdivision 2nd Add.
Portion of Block 1, PB 46-89
08-2122-000-0420
P.A. 2218 ALI BABA AVE
63. Magnolia Subdivision 2nd Add.
Lots 1 & 2, Block 1, PB 46-89
08-2122-004-0020
P.A. 2216 ALI BABA AVE
Owners
M&N Property Investment Inc.
14566 NW 22nd Ave.
Opa Locka, FL 33054
M&N Property Investment Inc.
14566 NW 22nd Ave.
Opa Locka, FL 33054
FT SB Ingram LLLP
703 Waterford Way 780
Miami, FL 33126
Melanie Cozart
2210 Rutland St.
Opa Locka, FL 33054
Kathryn L. Williams LE
2220 Rutland St.
Opa Locka, FL 33054
Roy De La Pena
841 NE 3rd PL.
Hialeah, FL 33010
Arturo Raboso
2222 Ali Baba Ave.
Opa Locka, FL 33054
Arturo Raboso & Onasis Morris
671 E. 34th St.
Hialeah, FL 33013
Nestor J. Lopez & Diana M. Suarez
19284 SW 66th St.
Weston, FL 33332
7
AFA & COMPANY, INC.
Owner's List within 375 -foot Radius Map
Folio # and Legal Description
64. Magnolia Subdivision
Lots 1-3, Block 12, PB 40-80
08-2122-003-1960
P.A. 2196 ALI BABA AVE
65. Magnolia Gardens Consolidated
Lot 19, Block 335, PB 50-5
08-2122-005-0190
P.A. 2241 RUTLAND ST
List prepared by:
AFA & Company, Inc.
Professional Land Surveyors & Mappers
13050 SW 133rd Court, Miami, FL 33186
O. 305.234.0588
Email: afaco@bellsouth.net
Owners
Amara Construction Group LLC
14201 SW 41st St.
Miramar, FL 33027
Michael Perrier & Shemika Carter
2241 Rutland St.
Opa Locka, FL 33054
The List hereon is true and accurate representation thereof to the best of my
knowledge and belief.
Armando F. Alvarez
Professional Surveyors & Mappers #5526
State of Florida
8
AFA &
Company, I nc
1. Maclam Investment LLC
Fol: 08-2122-005-0690 —
14585 NW 22nd Ave.
Opa-L ocka, Flo rida 33054
CD
JOB # 21-695
DATE 05-28-2021
PB 50-5
3 J5' Eta
Suet
AFA
Company, Inc
Professio nal
S urveyors & Mappers LB 74
13050 S .W. 133rd Court
Miami Florida, 33186
E-mail: af aco@bellsouth .nt
Ph. # (305) 234-0588
Fa x # (206) 495-0778
The Opa-locka Planning & Zoning Meeting
P&Z Clerk's Summary Minutes
P&Z Meeting
Tuesday, September 13, 2022
7:00 P.M.
• CALL TO ORDER:
Chairman Elio Guerrero called the Planning & Zoning Meeting to order at 7:05 p.m. on Tuesday,
September 13, 2022.
An opportunity was given to the public to email the Planning & Zoning Clerk prior to the
Planning & Zoning Meeting with any questions/comments/concerns on items we will hear on
this evening's P&Z agenda.
I ROLL CALL:
The Planning & Zoning Board of the City of Opa-locka, Miami -Dade County, met in a session
on Tuesday, September 13, 2022, at 7:05 p.m. The following members of the Planning & Zoning
Meeting were present: Chairman Elio Guerrero, Board Member Germane Barnes, Board
Member Dorothy Johnson, and Board Member Claudienne Hibbert-Smith.
Absent Board Member: Board Member Dawn Mangham
Also, in Attendance were Planning & Zoning Director, Gregory Gay, Zoning Official Gerald
Lee, Planning & Zoning Board Clerk, Kinshannta Hall, and Attorney Pam Booker.
II INVOCATION AND PLEDGE:
Prayer was led by Board Member Johnson and the Pledge of Allegiance was stated after the Prayer.
III APPROVAL OF MINUTES: Discussion of Minutes from May 10, 2022, Meeting
Chairman Elio Guerrero asked if a motion could be made to have the minutes approved from
May 10, 2022, meeting.
11 Page
Paae 5 of 201
Board Member Dorothy Johnson made a motion to approve the minutes. Board Member
Claudienne Hibbert Smith second the motion. *Board Member Germane Barnes abstained from
voting on the reading minutes due to his temporary absent/leave from the board.
There being no discussion, the motion passed by a 3-0.
Claudienne Hibbert Smith Yes
Elio Guerrero Yes
Dorothy Johnson Yes
IV. PUBLIC HEARING:
A) A RESOLUTION OF THE PLANNING & ZONING BOARD OF
THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING
APPROVAL OF THE SPECIAL EXCEPTION SITE PLAN
REVIEW REQUEST FOR THE OPERATION OF A PLACE OF
RELIGIOUS WORSHIP AT 2560 SERVICE ROAD AND
IDENTIFIED BY FOLIO 08-2122-000-0130 IN THE B-2 ZONING
DISTRICT; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
On the record, Mr. Gay stated that the applicant decided to withdraw their
application. The applicant was under a time constraint of getting certain
things approved and will not be moving forward. The item was withdrawn
from this Planning & Zoning Board meeting.
Board Member Johnson: I noticed that it has been withdrawn. This
application was not in our May package. We were not here June or July. In
addition to that I really have reservation when I see a registered agent
application dated September 10, 1996. Staff get it together if I recall it is an
annual renewal, so before any applications are presented before the board it
needs to be current. I want this on the record.
2'Page
Paae 6 of 201
B.) A RESOLUTION OF THE PLANNING & ZONING BOARD OF
THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING
APPROVAL OF THE FINAL SITE PLAN REQUEST FOR THE
CONSTRUCTION AND OPERATION OF CONVENINENCE
STORE, TWO RETAIL SPACES AND A SERVICE STATION
WITH A HAND CAR -WASH AT 14585 NW 22 AVENUE AND
IDENTIFIED BY FOLIO 08-2122-005-0690 IN THE B-2 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
My name is Mauricio Falla and I'm the project manager for this project. This application was
previously approved with one item pending the traffic impact study. Based on the result of the
study we modified the proposed the site plan.
*Staff Presentation (For Item B & Item C on the agenda)
Mr. Lee: The subject property is currently owned by Maclam Investment, LLC C/O Mauricio
Falla according to Miami -Dade County Property Appraiser's website. The property site is
currently vacant pending the review and approval of this site plan review request which would
allow the demolition and construction of the convenience store, service station, two retail spaces
and a hand car wash in this B-2 zoning district. The applicant proposes to construct a 3,579 sq ft
building with 1,975 sq ft allocated for the Convenience Store and two 802 sq ft section for new
retail spaces and provide 9 vehicle parking spaces. Provide 22 new trees, 359 shrub plants, and
appropriate landscaped open space. Use is permitted after special exception review in this zoning
district. Use will not adversely affect the general character of the neighborhood. Use will not
generate or create unfavorable vehicular traffic or circulation problems. Staff recommend
approval of this revised Site Plan with any conditions that may be imposed by the Planning &
Zoning Board.
Chairman Guerrero: What was the change?
Mr. Lee: Orientation of property change.
Board Member Johnson: Did we reach out to the neighbors? I'm concerned of the entry and
drainage that area holds a lot of water.
Mr. Lee: Regarding drainage it's a part of the application.
Mr. Gay: It will be reflected in the Development Agreement.
3IPage
Paae 7 of 201
Board Member Dorothy Johnson made a motion to approve Item B on the agenda and Board
Member Germane Barnes second the motion.
There being no discussion, the motion passed by a 4-0.
Claudienne Hibbert Smith Yes
Elio Guerrero Yes
Germane Barnes Yes
Dorothy Johnson Yes
C.) A RESOLUTION OF THE PLANNING & ZONING BOARD OF
THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING
APPROVAL OF THE DEVELOPMENT AGREEMENT REQUEST
FOR THE CONSTRUCTION AND OPERATION OF
CONVENINENCE STORE, TWO RETAIL SPACES AND A
SERVICE STATION WITH A HAND CAR -WASH AT 14585 NW
22 AVENUE AND IDENTIFIED BY FOLIO 08-2122-005-0690 IN
THE B-2 ZONING DISTRICT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lee: Staff recommend approval of the revised Development Agreement with any conditions
that may be imposed by the Planning & Zoning Board.
Board Member Germane Barnes made a motion to approve Item C with
modifications applied on the agenda and Board Member Johnson second the
motion.
There being no discussion, the motion passed by a 4-0.
Claudienne Hibbert Smith
Elio Guerrero
Germane Barnes
Dorothy Johnson
Yes
Yes
Yes
Yes
4IPage
Paae 8 of 201
D.) A RESOLUTION OF THE PLANNING AND ZONING BOARD
OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING
SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION
AND OPERATION OF AN INDUSTRIAL AND COMMERCIAL
MIXED -USE RETAIL AND WAREHOUSE DISTRIBUTION
FACILITY ON THE PROPERTY LOCATED AT 12691 NW 42ND
AVENUE AND 12705 NW 42ND AVENUE, OPA-LOCKA,
FLORIDA 33054, IDENTIFIED BY FOLIOS 08-2129-000-0050 AND
08-2129-000-0064, IN THE B-3 ZONING DISTRICT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
Public Comments:
Brian Dennis -2140 York Street
Let's get some equality in this City. We need to give the residents a voice before
you go before this project. We need to have where residents are being hired by
these companies moving in our city.
Board Member Barnes: I would like to thank the resident. We will do the best
we can and make sure this happens.
Brian Dennis: Use your attorney an ordinance is already in place.
Board Member Johnson: I'm very familiar with ordinance 95-6 and it can be
integrated. There is a lack of knowledge, research needs to be done. We must
make sure the commission is informed. The ordinance has more weight. How can
we do this in good faith. We need the resources.
Chairman Guerrero: We must enforce this and make it happen.
Alex Van Mechi: Two warehouses expertise paying attribute to our community. I
would like for our community to look like "Opa-locka" not "Doral." I inspire
everyone to look like Opa-locka.
* Public Comments Closed
Attorney Robert Holland spoke on behalf of the applicants and made a
presentation as well.
Attorney Robert Holland: I plan to give you, my commitment. Retail is on the
decline. This project is considered light industrial. Cities like Miramar and Doral
are built on light industrial. A video presentation was presented. There will be
entry level positions clean logistic jobs that will be created for residents. No other
city can compete with Opa-locka. You would be creating a lane that eliminates
the competition. There will be 1,000 jobs and 765 permanent jobs. I spoke with
Mr. Beasley with Florida Memorial. There will be retail space and a show room. I
SIPage
Paae 9 of 201
want to know if there is a PR firm in place. I want to follow up before the next
City Commission.
Goldstein: There are six buildings and opportunity for more logistics. There is
commercial uses movement and proposed commercial logistics.
*Staff Presentation (For Item D & Item E on the aeenda)
Mr. Lee: The subject properties are currently owned by GPT NW 42nd Avenue Owner II & III
LLC do Gramercy Property Trust according to Miami -Dade County Property Appraiser website.
The property site is currently the location of the Opa-locka Flea Market, assorted retail uses and
truck parking operations; Assorted Special Events -The review and approval of this site plan
review request would allow the demolition and construction of six new commercial mixed -use
buildings for retail, warehouse, and distribution facilities to operate from the property at 12691
NW 42nd Avenue and 12705 NW 42nd Avenue in this B-3 zoning district. The Land Use for
12691 NW 42❑d Avenue is Commercial and the Land Use for 12705 NW 42nd Avenue is
Industrial. The Applicant proposes to construct six buildings that total 741,837 square feet to
accommodate both retail and industrial warehouse & distribution uses and provide 74,182 square
feet of office space. The site plan provides that it complies with the required landscaping and
parking for this 43.76 +/- acre combined site. The uses proposed are permitted through property
zoning and incorporation of uses permitted by the Corridor Mixed Use Overlay.
As a mixed -use development there must be clear indications of retail, sales and service uses and
distinct indicators of where those uses will be located.
The MXUOD District permits Retail and Service Uses as well as Hotels, Movie Theaters, Health
Spas, and Medical and Business Offices. The commercial mixed use also includes Recreational
Facilities that include recreation buildings for indoor sports, i.e., indoor soccer, swimming pools,
parks, (which could include a water park) open space and recreational area for tennis courts,
basketball courts, etc. The site plan provides for the location of smaller businesses with office /
showroom / retail spaces for commercial business uses.
For horizontal Mixed -Use with multiple buildings, each building may be a separate use, however
there must be clear indicators as to the area designated for retail/commercial uses and those for
industrial uses. The site plan provides for shallower depths on bldgs. Facing LJD/LJ
Staff recommends an Economic and Fiscal Impact Analysis, and a Market Feasibility Study are
provided, and the Final Site Plan is modified accordingly and with the conditions listed in the
staff report and conditions that may be imposed by the Planning & Zoning Board.
Chairman Guerrero: There is two lot covered under the overlay?
Mr. Lee: Yes
Board Member Johnson: It allows future growth?
61 Page
Paae 10 of 201
I
Mr. Lee: Yes. Based on the requirement code they are complying. We are in
support.
Board Member Dorothy Johnson made a motion to approve Item D on the agenda
and Board Member Germane Barnes second the motion.
There being no discussion, the motion passed by a 4-0.
Claudienne Hibbert Smith Yes
Elio Guerrero
Germane Barnes
Dorothy Johnson
Yes
Yes
Yes
E.) A RESOLUTION OF THE PLANNING AND ZONING BOARD
OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING
DEVELOPMENT AGREEMENT REVIEW APPROVAL FOR THE
CONSTRUCTION AND OPERATION OF AN INDUSTRIAL
AND COMMERCIAL MIXED -USE RETAIL AND WAREHOUSE
DISTRIBUTION FACILITY ON THE PROPERTY LOCATED AT
12691 NW 42ND AVENUE AND 12705 NW 42ND AVENUE, OPA-
LOCKA, FLORIDA 33054, IDENTIFIED BY FOLIOS 08-2129-000-
0050 AND 08-2129-000-0064, IN THE B-3 ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lee: Staff recommend approval of the Development Agreement with any modifications of
the site plan as a result of an Economic and Fiscal Impact Analysis and a Market Feasibility
Study and any conditions that may be imposed by the Planning & Zoning Board.
Board Member Dorothy Johnson made a motion to approve Item E on the agenda and
Board Member Claudienne Hibbert Smith second the motion.
There being no discussion, the motion passed by a 4-0.
Claudienne Hibbert Smith
Elio Guerrero
Germane Barnes
Dorothy Johnson
Yes
Yes
Yes
Yes
7IPage
Paae 11 of 201
F.) AN ORDINANCE OF THE PLANNING AND ZONING
BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, TO
RECOMMEND THE ADOPTION OF A TEXT AMENDMENT
TO THE LAND DEVELOPMENT REGULATION,
ORDINANCE 15-31, TO PERMIT TRACTOR TRAILER TRUCK
AND / OR MAJOR VEHICLE (10,000 LBS OR GREATER)
PARKING IN THE I-4 ZONING DISTRICT; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Public Comments:
Attorney Hope Calhoun: This ordinance is beneficial to the city. I'm in support of this
Ordinance.
Public Comments Closed.
Board Member Johnson: In compliance very much needed take it to the next step.
*Staff Presentation (For Item F on the agenda)
Mr. Lee: This use is permitted two industrial zoning districts which includes I-2 Industrial Planned
District and I-3 Liberal Industrial District. The I-4 Liberal Industrial District for junkyard,
salvage/scrap metal and storage. There is great need for this use in South Florida. This use is less
intensive than the current permitted uses of the I-4 district. Staff recommend approval of the
amendment to Ordinance 15-31, land development regulations with any conditions that may be
imposed by the Planning & Zoning board.
Board Member Dorothy Johnson made a motion to approve Item F with
modification applied on the agenda and Board Member Claudienne Hibbert Smith
second the motion.
There being no discussion, the motion passed by a 4-0.
Claudienne Hibbert Smith Yes
Elio Guerrero
Germane Barnes
Dorothy Johnson
Yes
Yes
Yes
Wage
Paae 12 of 201
STAFF UPDATE
VI ADJOURNMENT
The meeting was adjourned.
Submitted by
Ki shannta Hall
Plannin & Zonin Cler
ATTEST:
Elio Guerrero
Chairman
Wage
Paae 13 of 201
Sponsored 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, 022.
John H. Taylor Jr., i a p
TTEST:
a Flores, City Clerk
2
Resolution No. 22-083
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
T C ": ��Sl• rc.
Burnadette 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
uocuaign Envelope ID: 6FBFOE7B-1B4C-497C-A75B-13BF91AAA552
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
nneuSI
City
Manager:
Darvin Williams
CM Signature
PalAkitn, WitticvmS
Commission
Meeting
December 14, 2022
Item Type:
Resolution
—.iirciinance
Other
Date:
(EnterX in box)
X
Fiscal Resolution
Impact:
Yes
No
Reading:
(Enter X in box)
15t Reading
2nd Reading
(Enter X in
X
box)
Public Hearing:
Yes
No
Yes
No
X
(Enter X in box)
X
X
Funding
Source:
(Enter Fund & Dept)
Ex: N/A
Advertising Requirement:
(EnterX in box)
Yes
No
Accounts:
See Financial
Impact section
below
X
ILA
Yes
No
RFP/RFQ/Bid#:
Required:
(Enter X in
box)
X
Strategic
Yes
No
Strategic Plan Priority Area:
Strategic Plan
Plan
Related
(EnterXin
)
X
Enhance Organizational O
Bus. & Economic Dev .
Public Safety O
Quality of Education El
Qual. of Life & City Image U
Communication El
Obj./Strategy:
Oist 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-1 B4C-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, Madam 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-locka '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
" THE GREAT CITY "
�)/19 r(3
Received:
By:
Date:
PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS
FY 2020-2021
TOTAL FEES: $.5a) New Fees as of October 1, 2015
FY 2020-2021 Meetine Dates
1a 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 documents and fees totaling (as established by ordinance),
paid by check or money order to the City of Opa-locka. Failure to submit all doctuncnts and fees will result
in your case not being scheduled to be heard at a meeting.
2. Lithe 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 Conunission
Chambers, Meeting Time 7:00 P.M. (time and location are subject to change, please check with the Planning and
Community Development Department for exact time and location of the meetings).
4. Application package must include all required documents per checklist and fees of The City of Opa-locka.
The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon
finding of sufficiency.
5. You arc required to complete and return this application along with all the intonation and documentation
(see page 2 check list) requested to the:
City of Opa-lucks
Planning & Community Development Department
780 Fishermen Street 4°i floor
Opa-locka. FL 33054
Telephone: 305-953-2868, Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
Page 2 of 5
" THE GREAT CITY "
(//fy ro
aPQ=C.UC lIZQ
9Florida.
PLANNING & ZONING BOARD APPLICATION
Received:
By:
Date:
APPLICATION NUMBER: CI IECK NUMBER: DA'Z'E RECEIVED:
PROPERTY OWNER'S NAME: Maclam Investment LLC
PROPERTY OWNER'S ADDRESS: 10773. NW 58th ST #140 Dural, FL 33178
Number/Street City State/Zip Code
APPLICANT'S NAME: Mauricio Falla
APPLICANT'S ADDRESS: 10773 NW 58th ST #140 Moral, 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 FOI .10 NUMBER: 08-2122-005-0690 PRESENT ZONING:
LEGAL DESCRIPTION: 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
Please check specific request:
Tentative Plat
Final Plat
_Comprehensive Plan Amendment: _small Scale; __Large Scale (please specfy Qpe of amendment below)
Rezoning
_Drainage Plan
_Fill Pennit 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 intbnnation that may be of importance to this request:
Development Agreement Modification
Reference to Ordinance 15-13
I.nnd Development Regulations/ Zoning Code: Ordinance 15-31
Page 3 of 5
Signature
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 fcc payable to the City of Opa-locka by check or money ordcr
Copy of property owner's and/or applicant's driver license/photo I.D. & 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 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 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, No L, t) , being first duly sworn, depose and say that I am the OWNER of the property ,and I
understated that this application must be complete and accurate before a public hearing can be advertised.
1 61,7 , c o a -a —
Date
Sworn to and subscribed before me:
This® day of h
Notary Public
Attach copy of identification
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
My commission expires
Page 4 of 5
PLANNING & ZONING BOARD APPLICATION
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa-locka
From: Mauricio Falla, Maclam Investment LLC
1) Jorge Fiallo
FialIo's MEP Design Inc.
10010 SW 83rd S�
Miami. FL 33173 Hollywood, Fl, 33021
305-877-1845 305-796-0141
jfiallo@fiallomepdesign.com thepermitshopt gmail.com
2) Sonia Gonzalez
The Permit Shop
4100 N. 58th Ave #109
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I 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, I also
authorize Jorge Fiallo / Sonia Gonzalez to negotiate and commit to the City Commission and City
Administration m my behalf. I will abide by all final determinations of the City Commission and City Administration.
Signatur
Date
Sworn to and subscribed before me:
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
_wo.... GABRIELAPEREZ
* Commission#HH230207
40
` r Expires February 17, 2020
My commission expires: `t'P! I7 --(rat;
Page 5 of 5
Attach copy of identification
PLANNING & ZONING BOARD
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 14585 NW 22 Ave
Received:
By:
Date:
LEGAL DESCRIPTION: 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
I SUPPORT THIS DEVELOPMENT REQUEST
I 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
(
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 address of 10773 NW 58111 Street No. 140, Doral, Florida 33178
and the City of Opa-Locka, Florida, a in1ntctpal corporation and a political subdivision of the State of
Florida ("City"), with a mailing address of780 Ft§hermen Street; 4th Floor, Opa-locka Florida 33054.
2 -
WITNESS'
WHEREAS, the Owner i the fee simple; of approximately 20,886 acres of land located at
14585 NW 22" Avenue, Opa-Locka, FL 33054 ;within the municipal boundaries of the City and
identified by Miami -Dade County Tax Folio No.08 2122-005-0690 (the "Property"), the legal description
r
of which is attached hereto and made 'par hereof as Exhibit "A"; and
WHEREAS, /the Ctty's Commission adopted Resolution Number approving a Master
Site Plan for the ConvenienceStore<Service Station4ith Metal Canopy for fuel pumps, two separate
retail sales units and a hand'carwash accmmodated within approximately 5,827 square feet; and
WHEREAS, according t6 Sections163.3220 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 `com fitment 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 an qne or more additional term(s) approved by mutual
consent of the parties pursuant:to. public hearing pursuant to Section 163.3225,
F.S.
(b) "Agreement" means this Chapter 163,1~:5;, Development Agreement between the
City and Owners/owners.
"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.
"Comprehensive Plan" means the plan adopted by the City pursuant to Chapter
163, PS.
(e) ►`O yner" means the persons „or entities undertaking the development of the
so , defined in the preamble to this Agreement, Maclam Investment,
LLC., With the address of 14585 NW 22" Avenue, Opa-locka, Florida, 33054
and/or anyxof 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 ofland into three or more parcels and such other activities described in
Section 1;63.3221(4), F.S.
"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,
(c)
(d)
(g)
(i)
"Entire Term" 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.
(I)
"Final Site Plan "means the Site Plan approved by the City Commission via
Resolution No. for a Convenience Store & Service Station with
two additional retail units and a carwash at 14585 NW 22" Avenue, Opa-
locka, FL 33054.
(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.
"Land Development -Regulations" means;,ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
incl
udes and 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" meais',,all ordinatoes resolutions, regulations, comprehensive plans,
and Development Regulations, and rules adopted by the City of Opa-Locka
affecting tl3e evelopment of land in effect as of the Effective Date, including
a -Lock s; Unified` Land Development Regulation Code, the Ordinance and the
elution Number 15-3
•
(p)
(s)
"Parti
ity and the Owner
"Project" is; the Maclam Investment, LLC's Convenience Store and Service
Station at 14585 NW 22"d Avenue, Opa-locka, FL 33054 as described in the
plans prepared by Flallo's MEP Design, Inc., and dated February 2, 2021, which
proposed 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"
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 effect, and be binding o>5, all Parties (including the Owner) and all
persons claiming under fob 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 pitblic h arings pursuant to Section 163.3225, F.S. Consent to
any extension of this Agreement requites approval of both parties to this Agreement. No
notice of termination shall fie require 'either party upon the expiration of this
Agreement and thereafter the parties hereto shall have no further obligations under this
Agreement The obligations impdsed pursuant to Oils Agreement upon the parties and
upon the Eroperty shaft run with a id bind the Property as covenants running with the
Property, an� %iff3/r;
parties hereto, theirpersonal rePresentatives, heirs, successors, grantees and/or assigns.
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.
e�eittent shall inding upon and enforceable by and against the
8. Expiration / Termination / Default. Upon the expiration of the agreement, the city shall
have ability and thie 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 strictures, 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 aria 'maintain all buildings and structures
consistent with the. Maclam Investments J LC's Site Plan for a Convenience Store
and Service Station''at 14500 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
hrs ;agreement has been assigned,:sold or otherwise transferred. Any new owner
must abide by;the terms of: this aireement until the expiration of the Term of
this,, Agreement as provided in paragraph 6 above. In the event of a
force nnaJeure or in the event of a casualty, the then owner has the
option but is no't'obligated to rebuild, provided that the Property is
cleared and:, maintained in accordance with City Code requirements. It
is a essl ;understood b the Owner that the development of a project
��} Y Y p
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
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 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
continuing compliance with the Resolution and this Agreement.
A copy of the City's form of annual report is attached as Exhibit
GC )]
(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.
(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 encourage its
tenants to:
1. Cooperate with the City on any city -initiated efforts with
area economic development ducational organizations,
including*deacon Comic ,;, e Meek Foundation, Miami -
Dade Count ' 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
recruit ant employ qualified applicants who are City residents
rough the assistant of the Career Source South Florida
6' coordination with the City of Opa-locka, and
ge all co tractors,;'=retained to develop the Project to
o thesame, as follows
a) Prepare and provide the City with an outreach plan
outlines the Owner's anticipated commercially
reasonable efforts to provide construction -related and
r,manent jobs to Opa-locka residents, prior to the
ssfiance of the first building permit for vertical
'obstruction 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
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.
3. Must complete;project<.within 24 months following issuance of permits. The
City Manager May gratit a; single 12 month extension for good cause.
10. DevelopmentxPermits. In accordance with Section 163.3227(f), F.S., the City need to
approve the following additional 4pv development peiiitits upon proper submission of all
requires ejnts, and City review e ctions, in order for the Owner to develop the
Project:
(a) Site ply LISP;
(b) Modifications to existing % .pprovals and permits, including the Maclam
Investment, LLC's Site Plan for a Convenience Store and Service Station at
14585NW 22"d Aveue, Opa-locka, FL 33054
(c) - Water, sewer, paving and drainage permits;
(d) Building permits;
(e) Sign pettnits;
(f) 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
(i)
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.
(j) All currently non -compliant building, physical structures or vehicles at 14585
NW 22"d Avenue, Opa-locka, FL 33054 shall be removed prior to the execution
of this agreement.
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
22nd 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 public facilities described in the Comprehensive Plan's
Capital Improvements Element. For ttie%purposes of concurrency, the City hereby agrees
to provide, reserve, and allocate:iffeicient 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 Dian (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. Nothig,in this paragraph- shall relieve the Owners/Owner of the
requirement to pay impact fees arid- assessments.
12. Consistenc'y':with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
ity hereby finds nd -declares that the Owners development of the Project on the
complies with the Laws,,ordinanees, regulations and policies of the City of Opa-
s consistent with the: ,City's Laws, Comprehensive Plan and Land
pe
Locka,
Development Regulatrorls;.
13. Reservation of Development,'Rights. Except as otherwise provided in the Act for the
Entire Term of ,phis 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 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 dte 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 wne Owners/O r of the necessity of complying with any and
all regulations governing said prri jtfing requirements, conditions, fees, terms or
restrictions as long as compliance*ith 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 Effective Date.
16. Good Faith; Further Assurances. The p esto this Agreement have negotiated in
good faith. It is the intentand agreement of the parties that they shall cooperate with each
other in good faith to effectuate thepurposes and intent of and to satisfy their obligations
under this Agreement in order to secure to�,themselves he mutual benefits created under
this Agreement In; that regard, the parties shall execute sick further documents as may be
reasonably necessary to effectuate the provisions'; of this Agreement, provided that the
foregoing .shall in no; Way be deemed Ito inhibit, restrict, or require the exercise of the
City's polike,power or actions of the,City when acting in a quasi-judicial capacity.
17 /NOtices Any notice required or permitte'd to be given under this Agreement shall be in
Vvriting d shall he 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;rem uestetkin<a postage prepaid envelope and addressed as follows:
With a copy to:
9
City Manager
City of Opa.-Locka
780 Fishermen Street, 4h1 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 58`h 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 exhibitsreferenced 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 breath thereof, the 'prevailink party shall be entitled to reasonable
attorney's fees and cote ,/ at all trial and appellate levels.
Pursuant to Section 163.32", te or federal laws are enacted after the execution
of this Agreement which are Ipplicab and preclude the parties' compliance with the
terms of this Agreement, such .Agreement Si ll be modified or revoked as is necessary to
comply' he relevant state orfeder
19. Severabi : In the event that any term or provision of this Agreement is determined by
an appropriate judictal,authority to be legal or otherwise invalid, such provision shall be
e?? its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement th J1 be construed to be in full force and effect.
Entire Agreement. ibis 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 Adiscussions '.between the Owners/Owners and the City. Neither party
shall;;; be bound by ;any agreement, condition, warranty or representation other than as
expressly stated m ffiiis 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:
City Clerk
Dated: day of
Approved for form and legal sufficiency:
, 20
By:
City Manager
City Attorney: y%
12
OWNERS/OWNERS
Maclam Investment, LLC.
WITNESS:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
By:
Name:
Title: Manager
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 d voluntarily for the purposes stated here
My Commission Expires:
�jNotary Public, State of Florida at Large
13
print 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