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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 2 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 3 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 1 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. 2 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) 4 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 5 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 6 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 7 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 9 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 10 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. 11 22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated, good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City, subject to the notice and cure provision contained in paragraph 15(b), above IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: CITY OF OPA-LOCKA FLORIDA ATTEST: By: City Clerk City Manager Dated: day of , 2022. Approved for form and legal sufficiency: City Attorney: 12 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: 13 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. 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 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. 15