HomeMy Public PortalAboutResolution No. 23-063 - Hernandez Development AgreementSponsored by Interim City Manager
RESOLUTION NO. 23-063
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, APPROVING
THE DEVELOPMENT AGREEMENT REQUEST FROM
HERNANDEZ DEVELOPMENT SERVICES, LLC FOR
THE CONSTRUCTION AND OPERATION OF A
FOUR-STORY SELF STORAGE FACILITY BUILDING
THAT WILL PROVIDE APPROXIMATELY 1,200
STORAGE UNITS, PROVIDE THE REQUIRED
PARKING SPACES AND PROVIDE COVERED
LOADING SPACE FOR CONVENIENCE AT 14301 NW
27TM AVENUE, AND IDENTIFIED BY FOLIO 08-2122-
000-0050 IN THE B-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Hernandez Development Services, LLC has
submitted an application for development agreement approval for a Project
located at 14301 NW 27th Avenue, Opa-Locka, Florida and identified by folio
08-2122-000-0050 in the B-3 Zoning District; and
WHEREAS, the applicant intends to re -develop the site into a new four-
story self storage facility that will provide approximately 1,200 storage units,
provide the required parking spaces and provide a covered loading space for
convenience on the east side of NW 27th Avenue in the North-east section of the
City of Opa-Locka ("City"); and
WHEREAS, the Project will consist of the demolition of the current structures
and the new construction and operation of a four-story Self -Storage Facility and
provided a traffic study concerning the proposed self -storage use; and
WHEREAS, the development will also include the required car parking
spaces, and the required landscaping; and
WHEREAS, the Planning & Zoning Board reviewed this request on
March 7, 2023, for development agreement approval and recommended
approval by a 4-0 vote; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Resolution No. 23-063
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this
Resolution by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Development Agreement Review. The City
Commission of the City of Opa-Locka hereby approves/ denies the
Development Agreement for the demolition of the current building and
the construction of a new four-story Self -Storage Facility building that will
provide approximately 1,200 storage units, provide the required parking
spaces and provide a covered loading space for convenience on the east
side of NW 27th Avenue in the Northeast section of the City of Opa-Locka,
Florida and identified by folio 08-2122-005-0690 in the B-2 Zoning District.
A copy of the Development Agreement is attached hereto and
incorporated herein as Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without
need of public hearing, by filing a corrected or re -codified copy of same
with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the
City of Opa-Locka Code of Ordinances and the City of Opa-Locka
Charter.
PASSED AND ADOPTED this 10th df May, i23.
Tay,: r, Jr., Mayor
TTEST:
nna Flores, City Clerk
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Resolution No. 23-063
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Bur ad - e Norri - Weeks, P.A.
Ci ttorney
Moved by: Commissioner Bass
Seconded by: Commissioner Kelley
VOTE:
3-2
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams NO
Vice Mayor Ervin NO
Mayor Taylor YES
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City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
(-�- 2- `
j .- . _ .
City
Manager:
Darvin E. Williams
CM Signature
Commission
Meeting
Date:
May 10, 2023
Item Type:
(En ter• X in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(Eater xirr box)
Yes
No
Resolution Reading:
(Enter X in box)
1st Reading
2nd Reading
X
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex: N/A
See Financial
Impact section
below
Advertising Requirement:
(EnterXin box)
Yes
No
X
ILA
Required:
(Enter X 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
m
MI
NI
❑
•
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 FROM HERNANDEZ
DEVELOPMENT SERVICES, LLC FOR THE CONSTRUCTION AND OPERATION OF A
FOUR-STORY SELF STORAGE FACILITY BUILDING THAT WILL PROVIDE
APPROXIMATELY 1,200 STORAGE UNITS, PROVIDE THE REQUIRED PARKING
SPACES AND PROVIDE COVERED LOADING SPACE FOR CONVENIENCE AT 14301 NW
27" AVENUE, AND IDENTIFIED BY FOLIO 08-2122-000-0050 IN THE B-3 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Applicant, Hernandez Development Services, LLC, seeks to redevelop this 2.2 acre site and
has submitted formal requests for site plan review and development agreement review approvals
for the construction and operation of a self -storage facility at 14301 NW 27th Avenue, also
identified by folio 08-2122-000-0050 in accordance with the Commercial B-3 zoning district
requirements.
Background
The applicant intends to demolish the building and structures on this site to redevelop
this 2.22 acre site by the construction of a four story self -storage facility. This new building will
have four floors and provide a 146,800 square feet of storage and offices space, and
approximately fifty-nine parking spaces for employee and customer parking and the planting of
at least 82 trees and 662shrubs and approximately 20,200 square feet of landscaped open
space buffer, beautify and enhance this site.
The applicant, in accordance with the requirements of the City Land Development
Regulations, has submitted two separate applications requesting (1) Site Plan Review approval
and requesting (2) Development Agreement approval. The use proposed, a self -storage facility
is a permitted use for the B-3 zoning district and is compatible with the surrounding uses. The
applicant has submitted a draft Development Agreement and has agreed to maintain and not
deviate from the development in accordance with what has been presented in the site plan,
especially for materials, configurations, heights, setbacks, landscaping type and quantity, etc.
The applicant has also agreed to the development conditions, development timelines, and
construction phasing, and to providing annual reports and to good faith efforts for economic
development through the resources named and others to provide vocational and technical
training g programs for city residents to be employed from construction through the operation
of the self -storage business as provided in the Development Agreement.
The City of Opa-locka's Comprehensive Plan, Future Land Use map provides that the
property has a future land use designation of "Utility" and the zoning map provides that the
property is zoned Commercial Intensive and is within the "Corridor Mixed Use Overlay". This
use, Self -Storage Facility is permitted in the B-3 zoning district after review by the PZAB and
review and approval by the City Commission. This proposed operation is adjacent to industrial
uses to the northside of this parcel and commercial uses to the west and southwest of this site
and State Road 9 to the south of this site. The site will have only one point of ingress and
egress which will be from Northwest 27th Avenue.
There is no negative financial impact from the approval of this legislation.
Proposed Action:
PCD Staff recommends approval of this site plan and development agreement.
Attachment:
Draft Resolution
PZAB Application Pkg
PZAB Meeting Minutes
VIA ELECTRONIC SUBMITTAL
N BERCOW
N RADELL
N FERNANDEZ
N LARKIN +
N TAPANES
ZONING, LAND USE AND
ENVSIONMENDAL LAW
December 16, 2022
Gregory Gay
Director
Planning & Community Development Department
780 Fisherman Street
4th Floor
Opa-locka, Florida 33054
Re: Application for Site Plan Approval and Development
Agreement for "Opa-Locka Self Storage" — 14301 NW 27
Avenue (Folio 08-2122-000-0050).
Dear Mr. Gay:
We represent Hernandez Real Estate Services, LLC (the
"Applicant") the owner of the above -referenced parcel
located at 14301 NW 27 Avenue in Opa-locka, Florida (the
"Property"). Please consider this letter the Applicant's letter
of intent supporting applications seeking site plan
approval and the acceptance of a development
agreement.
The Property. The Property consists of the approximately
2.22 acres of land located at 14301 NW 27 Avenue within
the municipal boundaries of the City and identified by
Miami -Dade County Tax Folio No. 08-2122-000-0050, the
legal description of which is attached hereto and made a
part hereof as Exhibit "A." The Property is a triangular site
bordered by the Seaboard Airline railroad right of way on
the north, NW 27 Avenue on the west, and SR 9 on the
south. The development across the adjacent rights of way
is predominately intense commercial or industrial in
character.
The Property is currently being used largely for open lot
storage, with small single story buildings developed in the
Gregory Gay
Director
Planning & Community Development Department
Page 2
1960s. The current development is not consistent with the City's current standards.
Zoning. The Property is zoned B-3 or "Commercial Intensive" under the terms of
the City Code. As its name implies, the Commercial Intensive zoning designation permits
a wide range of the most intense commercial uses, including light industrial and open lot
uses. Self -storage is a permitted use.
Proposed Development. The Applicant proposes to improve the Property with a
new climate controlled self -storage facility. The proposed building will include four (4)
floors of storage uses and related office space in a total of 146,800 square feet. The
proposed building will utilize only approximately 50% of the permitted floor area for the
Property. The building height is proposed to be 47'6", where 65' feet are permitted. The
new development will introduce modern landscaping, parking, open space, and buffering
to the site for the first time.
As you know, self -storage uses are among the lowest commercial traffic generators
and the proposed use will remain a quiet and compatible neighbor to the surrounding
development.
Application Requests. In order to realize the proposed development plan, the
Applicant has filed two separate applications, requesting the following:
1. Final site plan approval for the proposed development.
2. The acceptance of a development agreement pursuant to Section 22-112 of
the Land Development Regulations.
Site Plan Approval. As explained above, the Applicant proposes. to develop the
Property with a modern self -storage use. The submitted plans meet, or exceed, all of the
relevant code requirements. The following will include a discussion of the relevant site
plan review standards of Section 22-55(H) and the compliance of the proposed
development with each criterion.
1. The development permitted by the application, if granted, conforms to the
Comprehensive Plan; is consistent with applicable area or neighborhood studies or
plans, and would serve a public benefit warranting the granting of the application
at the time it is considered.
Bercow RadeII Fernandez Larkin & Tapanes 1305.377.6229 direct 1305.377.6222 fax I gpenn@brzoninglaw.com
Gregory Gay
Director
Planning & Community Development Department
Page 3
The proposed use is consistent with the Property's designation and compatible
with the surrounding area. The development plan will be the first use in the area
to meet the City current development standards and will serve as an example to
surrounding sites.
2. The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the City.
The proposed development represents a significant modernization of the Property,
which will, in turn, positively impact property values and improve the overall
neighborhood
3. The development permitted by the application, if granted, will efficiently use or not
unduly burden water, sewer, solid waste disposal, recreation, education or other
necessary public facilities which have been constructed or planned and budgeted
for construction.
The proposed development will have a minimal impact on City facilities
4. The development permitted by the application, if granted, will efficiently use or not
unduly burden or affect public transportation facilities, including mass transit,
roads, streets and highways which have been constructed or planned and
budgeted for construction, and if the development is or will be accessible by public
or private roads, streets or highways.
The proposed development will have a minimal impact on City roads and will be
directly accessible from City streets.
Development Agreement. As required by Section 22-112 of the Land Development
Regulations, the Applicant has filed a draft Development Agreement and has agreed to
the following statement at the time of filing:
An acceptable Developer Agreement pursuant to Florida Statute 163.3220 shall be
signed by the Applicant and adopted by the City Commission prior to receiving a building
permit. The agreement shall include provisions in addition to the requirements of Florida
Bercow Radell Fernandez Lark,n & Tapanes 1305.377.6229 direct 1305.377.6222 fax I gpennabrzoningiaw,com
Gregory Gay
Director
Planning & Community Development Department
Page 4
Statutes to guarantee, but not be limited to the following items (as applicable and agreed
by the Applicant and City):
1. All impacted public facilities shall be adequate to serve the Property at an
acceptable level of service (L.O.S.) prior to receiving a Certificate of Occupancy.
2. All public improvements required by a government agency or voluntarily
proposed by the Applicant to be installed by the applicant; i.e., water and sewer,
sidewalks, roads, turn lanes, etc. shall either be constructed in accordance with
applicable governmental regulations prior to a Certificate of Occupancy or the
City shall receive an acceptable guarantee such as a cash bond or letter of
credit.
3. The applicant agrees to abide by and not deviate from the terms of its graphic
and verbal presentation submitted to the City Commission in order to receive
a Development Order. Such items include, but are not specifically limited to;
A) Design of all physical structures, water bodies, private and public
improvements.
B) The color and dimensional characteristics of all building materials.
4. The applicant guarantees to preserve and maintain all buildings and structures
consistent with the original development order for the entire period in which
the applicant owns the land or controls 51% ownership of the property.
5. The applicant shall submit annual reports and additional documentation as
required by the City Commission in its development order to verify "on -going"
compliance with its development order. After approvals of any development,
the City shall conduct inspections minimally twice a year to verify ongoing
compliance.
6. Subsequent to receiving a development order the design of all structures,
materials and colors included in the applicant's documentation shall not be
physically altered or substituted. The burden shall be on the applicant to prove
that the material or color is no longer available.
Berco',v Radeil Fernandez Larkin & Tapanes 1305.377.6229 direct 1305.377.6222 fax I gpenn@brzoninglaw.com
Gregory Gay
Director
Planning & Community Development Department
Page 5
7. A schedule of construction phasing, if applicable.
8. Any service impact mitigation measures to which the applicant has committed.
9. A requirement that the applicant, his successors or assigns, shall comply with
the requirements of the final development order.
10. An agreement to provide necessary public improvement bonds, legal
agreements, etc.
11. An agreement to allow the City to enter the property and inspect said property
for compliance with the other pertinent provisions of the Developer Agreement.
12. Compliance with Resolution No. 5058, the Fair Share Agreement Resolution.
Conclusion. We look forward to your review and recommendation on our
applications. If you have any questions or concerns regarding this letter, please do not
hesitate to phone my direct line at (305) 377-6229 or send me an email at
gpenn@brzoninglaw.com.
Penn
Bercow Radell Fernandez Larkin & Tapanes 1305.377.6229 direct 1 305.377.6222 fax 1 gpenn brzoninglaw.com
EXHIBIT A
Legal Description
A PORTION OF SECTION 22, TOWNSHIP 52 SOUTH RANGE 41 EAST. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF
THE CENTER LINE OF GRANTOR'S TRACKS AND THE EASTERLY RIgHT OF WAY LINE
OF NORTHWEST 27TH AVENUE AS SHOWN ON STATE OF FLORIDA ROAD
DEPARTMENT RIGHT OF WAY MAP, AS RECORDED IN PLAT BOOK 46, AT PAGE 62 OF
THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG SAID
EASTERLY RIGHT OF WAY LINE OF NORTHWEST 27TH AVENUE FOR 55.96 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN AFTER DESCRIBED;
THENCE CONTINUE SOUTH ALONG SAID EASTERLY RIGHT OF WAY LINE OF
NORTHWEST 27TH AVENUE FOR 145.47 FEET; THENCE N 63°20'00*
E ALONG A LINE PARALLEL WITH
AND 180.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
AFORESAID CENTER LINE OF GRANTOR'S TRACKS FOR 567.31 FEET TO A POINT ON A
CURVE, SAID POINT BEARS N 4553'09" W FROM THE RADIUS POINT OF THE NEXT
DESCRIBED CURVE; THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE
RIGHT HAVING A RADIUS OF 2,332.49 FEET AND A CENTRAL ANGLE OF 08°34'43", FOR
AN DISTANCE OF 349.23 FEET (SAID LAST MENTIONED COARSE BEING COINCIDENT
WITH THE NORTHWESTERLY RIGHT OF WAY LINES OF STATE ROAD NO. 9
ACCORDING TO THE AFORESAID STATE OF FLORIDA STATE ROAD DEPARTMENT
RIGHT OF WAY MAP); THENCE N 26°40'00" W FOR 40.10 FEET;
THENCE S 63°20'00" W ALONG A LINE PARALLEL WITH AND 50.00 FEET
SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID CENTER LINE
OF GRANTOR'S TRACKS FOR 844.77 FEET TO THE POINT OF BEGINNING, LYING AND
BEING IN DADE COUNTY, FLORIDA.
Record and Return to:
(enclose self-addressed stamped envelope)
Graham Penn
Bercow Radell Fernandez Larkin & Tapanes.
PLLC
200 S. Biscayne Blvd., Suite 300
Miami, FL 33131
This Instrument Prepared by:
Burnadette Norris -Weeks
City Attorney
780 Fisherman Street 4th
Floor
Opa-locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA,
FLORIDA AND HERNANDEZ REAL ESTATE SERVICES, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this day
of 2023 ("Execution Date") by and between Hernandez Real Estate Services, LLC (the
"Owner"), a Florida limited liability company with the mailing address of 301 E Las Olas Blvd, Suite
200, Fort Lauderdale, FL 33301 and the City of Opa-locka, Florida, a municipal corporation and a
political subdivision of the State of Florida ("City"), with a mailing address of 780 Fisherman Street,
Opa-locka, Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 2.2 acres of land located
at approximately 14301 NW 27 Avenue within the municipal boundaries of the City and identified
by Miami Dade County Tax Folio No. 08-2122-000-0050 (the "Property"), the legal description of
which is attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City Commission adopted Resolution Number , approving a Site
Plan, for the Proposed Development, which consists of a self -storage building containing over
146,800 square feet and approximately fifty-nine (59) parking spaces for employee and customer
parking, and the planting of at least 82 trees and palms and 662 shrubs and approximately 20,200
square feet of landscaped open space in accordance with the Owner's approved site plan; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida
Local Government Development Agreement Act, the Florida Legislature has determined that the lack
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of certainty in the development process can result in a waste of economic and land development
resources, discourage sound capital improvement planning and financing, escalate the cost of housing
and development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning
and financing, assists in assuring there are adequate capital facilities for the development, encourages
private participation in comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City Commission pursuant to Resolution No. , adopted on
, authorizes the City Manager to execute this Agreement upon the terms and
conditions set forth and listed below, and the Owner is authorized to execute this Agreement
upon the terms and conditions set forth by the City Commission and as listed below; and
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises
herein set forth, the Owners and City agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are
hereby deemed a part hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to
both parties and thus adequate consideration for this Agreement.
3. Definitions.
a. "Additional Term" anyone or more additional term(s) approved by
mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
b. "Agreement" means this Chapter 163, F.S., Development Agreement
between the City and Owner.
c. "City" means the City of Opa-locka, a municipal corporation and a
political subdivision of the State of Florida, and all departments,
agencies, and instrumentalities subject to the jurisdiction thereof.
d. "Comprehensive Plan" means the plan adopted by the City pursuant to
Chapter 163, F.S.
e. "Owner" means the persons or entities undertaking the development of
the Property, defined in the preamble to this Agreement, (Hernandez
Real Estate Services, LLC, (the "Owner"), a Florida limited liability
company, with the mailing address of 301 E Las Olas Blvd, Suite 200, Fort
Lauderdale, FL 33301 and/or any of its respective successors, assigns, or
heirs thereof.
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f. "Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure
or land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221(4), F.S.
g. 'Development Permit" includes any building permit, zoning or
subdivision approval, certification, special exception, variance, or any
other official action of local government having the effect of permitting
the development of land.
h. "Effective Date" is the date this Agreement is recorded with the clerk of
the Circuit Court in and for Miami -Dade County,
i. "Entire Term" is the total term of this Agreement, combining the Initial
Term (thirty (30) years) and the Additional Term, as defined herein
j. "Execution Date" is the date that all parties have affixed their signatures
to this Agreement.
k. "Existing Zoning" means (a) all entitlements associated with the City's
approval of the Owner's Site Plan, at approximately 14301 NW 27
Avenue, 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 Owner's Site Plan, at approximately 14301 NW
27 Avenue "Final Site Plan" approved by the City Commission via
Resolution No.
for the Proposed Development which consists of a self -storage building
containing over 146,800 square feet and approximately fifty-nine (59) parking
spaces for employee and customer parking, and the planting of at least 82 trees and
palms and 662 shrubs and approximately 20,200 square feet of landscaped open
space in accordance with the Owner's approved site plan as may be amended
from time to time.
m. "Governing Body" means the City of Opa-Locka's City Commission.
n. "Initial Term" is thirty (30) years commencing on the Effective Date.
o. "Land" means the earth, water, and air, above, below, or on the surface
and includes any improvements or structures customarily regarded as
land, except as provided herein.
p. "Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning,
rezoning, subdivision, building construction, or sign regulation or any other
regulations controlling the development of or construction upon land in
effect as of the Effective Date.
q. "Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa-Locka
affecting the development of land in effect as of the Effective Date, including
Opa-Locka's Land Development Regulation Code, the Ordinance 15-31.
r. "Parties" means the City and the Owner, Hernandez Real Estate
Services, LLC.
s. "Project" shall mean the Owner's development of the 2.20 acre Property at
14301 NW 27 Avenue and identified by Miami -Dade County Tax Folio No.
08-2122-000-0050 (the "Property), as described in the plans prepared by
Kenneth R. Carlson, Architect, and dated February 10, 2002, which proposes
the construction of a self -storage building containing over 146,800 square feet
and approximately fifty-nine (59) parking spaces for employee and customer
parking, and the planting of at least 82 trees and palms and 662 shrubs and
approximately 20,200 square feet of landscaped open space in accordance with
the Owner's approved site plan as may be amended from time to time.
t. "Property" shall mean the parcel of real property defined in the preamble
to this Agreement, and legally described in Exhibit "A" hereto.
u. "Public Facilities" means major capital improvements, including, but not
limited to transportation, transit, sanitary sewer, solid waste, drainage,
potable water, educational facilities, parks and recreational, and health
systems and facilities for which the City's Comprehensive Plan sets forth
required levels of service.
v. "Resolution" shall mean City of Opa-locka Resolution Number
and approving the Project and this
Agreement.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be
construed and implemented as a development agreement among the parties pursuant to
the Florida Local Government Development Agreement Act, Section 163.3220 through
163,3243, F.S., ("Act"), in compliance with Article V, Section 22-112 of the City of
Opa-locka's Land Development Regulation Code, the Ordinance, and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all parties,
the City shall record, with recording fees paid by the Owner, the Agreement with the
clerk of the Circuit Court for Miami -Dade County. This Agreement shall become
binding on the Effective Date. Notwithstanding the Effective Date provided herein and
required by Section 163.3239, F.S., the City, and the Owner shall act in good faith to
carry out the intent of the Agreement upon the Execution Date.
6.Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all parties (including the Owner)
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and all persons claiming under it for an Initial Term of thirty (30) years from the Effective
Date, and may be extended for one or more Additional Term(s) thereafter by mutual
consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S.
Consent to any extension or modification of this Agreement requires approval of both
parties to this Agreement. No notice of termination shall be required by either party upon
the expiration of this Agreement and thereafter the parties hereto shall have no further
obligations under this Agreement. The obligations imposed pursuant to this Agreement
upon the parties and upon the Property shall run with and bind the Property as covenants
running with the Property, and this Agreement shall be binding upon and enforceable by
and against the parties hereto, their personal representatives, heirs, successors, grantees
and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default Upon the expiration of the Agreement, the City
shall have ability and the rights under its police power to adopt Land Development
Regulations not inconsistent with the rights granted hereunder. In the event of
termination or default, no further rights under this Agreement shall exist, whether
brought under a claim of vested right, estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the
Owner agrees as follows:
a. All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of Occupancy
for the Project and shall be served by water and sanitary sewer main extensions
as required by the city in accordance with Miami -Dade County permitting
requirements.
b. All Public Facility improvements required by the City, by Miami -Dade County,
Florida, or voluntarily proposed by the Owner to be installed by Owner shall be
constructed in accordance with applicable governmental regulations prior to the
issuance of a Certificate of Occupancy of the Project.
c. All signage shall comply with all city sign code ordinance requirements.
d. Owner will abide by and not deviate from the terms of its graphic and verbal
representation submitted to the City Commission in order to receive approval
of the Project. Such items include but are not specifically limited to:
1) Design of all physical structures, water bodies, private and
public improvements and
2) The color and dimensional characteristics of all building
materials
3) All landscaping, loading areas and parking spaces must be
provided and maintained as shown on the site plan
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e. Owner shall preserve and maintain all buildings and structures consistent
with the Project's Final Site Plan, or to cause any tenant of the Property
to do so, for the entire period in which the Owner owns or controls at least
51% ownership of the Property, or controls at least 10% of any entity to
which this Agreement has been assigned, sold or otherwise transferred.
Any new owner must abide by the terms of this Agreement until the
expiration of the Term of this Agreement as provided in paragraph 6
above. In the event of a force majeure or in the event of a casualty, the then
owner has the option but is not obligated to rebuild, provided that the
Property is cleared and maintained in accordance with City Code
requirements. It is expressly understood by the Owner that the
development of a project that is not substantially in accordance with the
Final Site Plan shall require new approvals and be derivative of a Moorish
design theme in accordance with City Code requirements. In addition,
Owner shall maintain the Property in a manner consistent with Section 14-
2 of the City Code. The landscaping and common areas of the Property
shall be maintained by the Owner, its successors or assigns, or by a property
owners' association pursuant to reciprocal easement agreement(s)
("REAs"), and /or a combination thereof. The entity or entities responsible
for such maintenance shall be determined by the Owner at its discretion.
Owner shall provide the City with contact information of the entities or
persons responsible for maintenance of the Property pursuant to this
Paragraph. Any new owner must abide by the terms of this agreement until
January 2053.
f. At the request of the City, Owner shall submit an annual report and shall
provide additional documentation to the City as required by the Resolution
to verify continuing compliance with the Resolution and this Agreement.
A copy of the City's form of annual report is attached as Exhibit "B".
g.
The Owner will not physically alter or substitute the design of structures,
materials and colors included in the Project's Final Site Plan except as
approved by the City in the City's sole discretion. In the event that building
materials or colors are no longer available, the burden shall be on the
Owner to prove that said materials or colors are in fact unavailable.
h. Owner agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
i. Owner agrees to use commercially reasonable efforts to:
1) Cooperate with the City on any City -initiated efforts with area
economic development and educational organizations, including the
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Beacon Council, The Meek Foundation, Miami -Dade County Public
Schools, and Miami -Dade College, to expand vocational and technical
training programs for residents within the City through December 31,
2024; and
2) Recruit and employ qualified applicants who are City residents through
the assistance of the Career Source South Florida office in coordination
with the City of Opa-locka, and encourage all contractors retained to
develop the Project to do the same, as follows:
a) Prepare and provide the City with an outreach plan that
outlines the Owner's anticipated commercially reasonable
efforts to provide construction -related and permanent jobs
to Opa-locka residents, prior to the issuance of the first
building permit for vertical construction within the Property
("Outreach Plan"). Said Outreach Plan, at a minimum, shall
require that local job fair(s) ("local" shall mean within the
municipal boundaries of the City of Opa-locka; hereinafter
"Local Job Fair") be held as described herein and shall
outline job training opportunities within the Project.
b) Host or require its general contactor(s) to host a Local Job
Fair and provide a list of construction job openings to the
City to post on the City's website, prior to the issuance of
the first building permit for vertical construction. The
general contractor shall advise the City of any local new
hires following its Local Job Fair(s).
J.
All trash and garbage containers shall comply with all city dumpster
enclosure requirements.
k. The following timelines shall be complied with by the Owner, Hernandez Real
Estate Services, LLC. Said entity must work immediately to seek all applicable
permits immediately upon approval of this Agreement and shall:
1) Apply for building permits: within 6 months from the execution of
the Development Agreement. The City Manager may grant a single
6 month extension for good cause shown.
2) Must start construction: within 18 months following issuance of
permits. The City Manager may grant a single 12 month extension
for good cause shown.
3) Must complete project: within 24 months following issuance of
permits. The City Manager may grant a single 12 month extension
for good cause shown.
10. Development Permits. In accordance with Section 163.3227(t), F.S.,
the City may need to approve the following additional development permits
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upon proper submission of all requirements, and City review or inspections, in order
for the Owner to develop the Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the
Project Site Plan;
(c) Water, sewer, paving and drainage permits
(d) Building permits
(e) Sign permits
(f) Certificates of use and occupancy; and
(g) Any other official action of the City and/or Miami -Dade County,
Florida or other applicable regulatory agencies having the effect
of permitting the development of land or providing permits
required for the development of Property.
(h) Any City liens, fees, code violations or unpaid assessments shall
be satisfied prior to the execution of this agreement for this
Property.
(i) All currently non -complaint physical structures or vehicles if
applicable, shall be removed prior to the execution of this
agreement.
11. Public Services and Facilities; Concurrence. In accordance with
Section 163.3227(d), F.S., the City and the Owner anticipate that the Property
and the Project will be served by those public services and facilities currently in
existence as provided by the State of Florida, Miami -Dade County, the City,
and/or as contemplated by the Applications. The Property and the Project will
also be served by all public facilities provided in the City's Comprehensive Plan,
specifically including but not limited to, those public facilities described in the
Comprehensive Plan's Capital Improvements Element. For the purposes of
concurrency, the City hereby agrees to provide, reserve, and allocate sufficient
public facility capacity, including but not limited to water, sanitary sewer, solid
waste, drainage, fire and police to serve the development of the Project on the
Property for the period of this Agreement. The Owner shall be bound by the City
impact fees and assessments in existence as of the Effective Date of this Agreement.
Nothing in this paragraph shall relieve the Owner of the requirement to pay impact
fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section
163.3227(g), FS., the City hereby finds and declares that the Owners
development of the Project on the Property complies with the Laws, ordinances,
regulations and policies of the City of Opa-locka, and is consistent with the City's
Laws, Comprehensive Plan and Land Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act
for the Entire Term of this Agreement, the City hereby agrees that it shall permit
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
8
Regulations, as of the Effective Date of this Agreement, subject to the conditions of
this Agreement. Except as otherwise provided in the Act, the City's Laws and
policies governing the development of the Property as of the Effective Date of this
Agree Tent shall govern the development of the Property for the entire term of this
Agreement unless terminated. Development of the Property as outlined herein shall
not be subject to any future changes to the Laws of the City, including the City's
Land Development Regulations and Comprehensive Plan designation after the
Effective Date and during the Entire Term of this Agreement, except to the extent
that Owner's consent to such changes and except as otherwise provided in the Act.
The City may apply subsequently adopted laws or policies to the Property only as
permitted or required by the Act or as provided above or upon this Agreement being
terminated or having expired.
14. Zoning and Other Approvals. The parties hereto recognize and agree that
certain provisions of this Agreement require the City and its boards, departments,
or agencies, acting in their governmental capacity, to consider governmental
actions, as set forth in this Agreement. All such considerations and actions shall
be undertaken in accordance with established requirements of state statutes and
municipal ordinances, in the exercise of the City's jurisdiction under the police
power. Nothing in this Agreement shall be construed to prohibit the City from
duly acting under its police power to approve, approve with conditions, or reject
any public hearing application dealing with the Property.
15. Necessity of Complying, with Local Regulations Relative to Development
Permits.
a) In accordance with Section 163.3227(i), F.S., this Agreement is not and shall
not be construed as a development permit or authorization to commence
development. The Owner and the City agree that the failure of this
Agreement to address a particular permit, condition, fee, term or restriction
in effect on the Effective Date of this Agreement shall not relieve Owner of
the necessity of complying with any and all regulations governing said
permitting requirements, conditions, fees, terms or restrictions as long as
compliance with said regulation and requirements do not require the Owner
to develop the Property in a manner that is inconsistent with the Laws of the
City of Opa-locka in existence as of the Effective Date.
b) In the event that the City asserts that the terms of this Agreement are not
being complied with, then, in addition to any other remedies available to the
City, the City may stay the effectiveness of this Agreement as to the portion
of the Property associated with the alleged non-compliance. However,
before staying the effectiveness of this Agreement as to the Property or a
tract or portion thereof, and before withholding permits, inspections, or
approvals throughout or upon the entire Property based on a failure to
comply with this Agreement, the City shall send written notice containing
the nature of the purported violation and provide a reasonable time -frame
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within which the Owner may correct the violation. These requirements for
notice and an opportunity to cure shall not apply and shall not be construed
to limit: (i) the City's ability to take any action to prevent or ameliorate any
immediate danger to the public health, safety, or welfare; or (ii) the City's
or the County's authority and available remedies to enforce violations of the
Code or of other applicable regulations.
16. Good Faith; Further Assurances. The parties to this Agreement have
negotiated in good faith. It is the intent and agreement of the parties that they
shall cooperate with each other in good faith to effectuate the purposes and intent
of and to satisfy their obligations under this Agreement in order to secure to
themselves the mutual benefits created under this Agreement. In that regard, the
parties shall execute such further documents as may be reasonably necessary to
effectuate the provisions of this Agreement, provided that the foregoing shall in
no way be deemed to inhibit, restrict, or require the exercise of the City's police
power or actions of the City when acting in a quasi-judicial capacity.
17. Notices. Any notice required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given if delivered
by hand, sent by a recognized courier (such as Federal Express) or mailed by
certified or registered mail, return receipt requested, in a postage prepaid
envelope and addressed as follows:
If to the City at: City Manager
City of Opa-locka 780
Fisherman Street
Opa-locka, Florida 33054
With a copy to: 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 Owner at: Hernandez Real Estate Services, LLC
301 E Las Olas Blvd, Suite 200
Fort Lauderdale, FL 33301
Attn: Alex Hernandez
And
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With a copy to:
Graham Penn, Esq.
Bercow Radell Fernandez Larkin & Tapanes. PLLC
200 S. Biscayne Blvd., Suite 300
Miami, FL 33131
18. Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. The
Owners/Owners and the City agree that Miami -Dade County, Florida is the
appropriate venue in connection with any litigation between the parties with
respect to this Agreement. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof; and accordingly, this Agreement
shall not be more strictly construed against any of the parties hereto. In construing
this Agreement, captions, and section and paragraph headings shall be
disregarded. All of the exhibits referenced in this Agreement are incorporated in,
and made a part of, this Agreement. In the event of any litigation between the
parties under this Agreement for a breach thereof, the prevailing party shall be
entitled to reasonable attorney's fees and court costs at all trial and appellate
levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties'
compliance with the terms of this Agreement, such Agreement shall be modified or
revoked as is necessary to comply with the relevant state or federal laws.
19. Severability. In the event that any term or provision of this Agreement is
determined by an appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or construed as deleted as
such authority determines, and the remainder of this Agreement shall be construed
to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
contained herein and merges all prior discussions between the Owner and the
City. Neither party shall be bound by any agreement, condition, warranty or
representation other than as expressly stated in this Agreement and this
Agreement may not be amended or modified except by written instrument signed
by both parties hereto and in accordance with Section 163.3225, F.S.
21. Indemnification. The Owners shall indemnify and hold harmless the
City, its elected and appointed officials, employees, agents and assigns from and
against any claims or litigation arising from this Agreement instituted by third
parties.
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22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the
City shall review the Property subject to this Agreement at least once every 12
months to determine if there has been demonstrated, good faith compliance with
the terms of this Agreement. If the City finds, on the basis of substantial
competent evidence, that there has been a failure to comply with the terms of this
Agreement, this Agreement may be revoked or modified by the City, subject to
the notice and cure provision contained in paragraph 15(b), above
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
CITY:
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: day of , 2022.
Approved for form and legal sufficiency:
City Attorney:
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Hernandez Real Estate Services, LLC, a
Florida limited liability company
WITNESS:
By:
Signature Alex Hernandez
Title: Managing Member
Print Name
Signature
Print Name
STATE OF FLORIDA
)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me, by means of _ physical presence
or _online notarization, on this day of , 2023 by Alex Hernandez as
Managing Member of Hernandez Real Estate Services, LLC, a Florida limited liability company.
He is:
personally known to me, or
produced identification. Type of identification produced
Print Name
My Commission Expires:
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Notary Public, State of Florida at Large
EXHIBIT A
Legal Description
A PORTION OF SECTION 22, TOWNSHIP 52 SOUTH RANGE 41 EAST. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF
THE CENTER LINE OF GRANTOR'S TRACKS AND THE EASTERLY RIgHT OF WAY LINE
OF NORTHWEST 27TH AVENUE AS SHOWN ON STATE OF FLORIDA ROAD
DEPARTMENT RIGHT OF WAY MAP, AS RECORDED IN PLAT BOOK 46, AT PAGE 62 OF
THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG SAID
EASTERLY RIGHT OF WAY LINE OF NORTHWEST 27TH AVENUE FOR 55.96 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN AFTER DESCRIBED;
THENCE CONTINUE SOUTH ALONG SAID EASTERLY RIGHT OF WAY LINE OF
NORTHWEST 27TH AVENUE FOR 145.47 FEET; THENCE N 63°20'00*
E ALONG A LINE PARALLEL WITH
AND 180.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
AFORESAID CENTER LINE OF GRANTOR'S TRACKS FOR 567.31 FEET TO A POINT ON A
CURVE, SAID POINT BEARS N 4553'09" W FROM THE RADIUS POINT OF THE NEXT
DESCRIBED CURVE; THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE
RIGHT HAVING A RADIUS OF 2,332.49 FEET AND A CENTRAL ANGLE OF 08°34'43", FOR
AN DISTANCE OF 349.23 FEET (SAID LAST MENTIONED COARSE BEING COINCIDENT
WITH THE NORTHWESTERLY RIGHT OF WAY LINES OF STATE ROAD NO. 9
ACCORDING TO THE AFORESAID STATE OF FLORIDA STATE ROAD DEPARTMENT
RIGHT OF WAY MAP); THENCE N 26°40'00" W FOR 40.10 FEET;
THENCE S 63°20'00" W ALONG A LINE PARALLEL WITH AND 50.00 FEET
SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID CENTER LINE
OF GRANTOR'S TRACKS FOR 844.77 FEET TO THE POINT OF BEGINNING, LYING AND
BEING IN DADE COUNTY, FLORIDA.
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EXHIBIT B
CITY'S ANNUAL REPORT FORM
City of Opa-locka 780
Fisherman Street
Opa-locka, Florida 33054
CITY OF OPA-LOCKA
ANNUAL REPORT FORM
Reporting Period: to
Month/Day/Year Month/Day/Year
Name and Title of Individual Completing Report:
Address :
Street Location
City, State, Zip
1. Describe any changes made to the proposed plan of development, during the Reporting
Period, as approved by the City of Opa-locka City Commission ("City") pursuant to
Resolution No. , passed and adopted on , 2022.
2. Describe any changes, if any, to the Development Agreement between the City of Opa-
locka, Florida, and Hernandez Real Estate Services, LLC, as approved by the City of Opa-
locka City Commission pursuant to Resolution No.
passed and adopted on , 2023 (the "Development Agreement").
3. Provide a list of development permits for vertical construction issued by the City during
the Reporting Period.
4. Provide a list of certificates of occupancy within the project that have been issued by the
City during the Reporting Period.
5. Describe compliance with Paragraph 9 (Development Conditions (a) -(k)) of the
Development Agreement during the Reporting Period.
6. Provide a statement confirming that all persons have been sent copies of the annual report
in conformance with Section 17 of the Development Agreement.
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