HomeMy Public PortalAboutResolution No. 23-117 - Approval of Development Agreement for 2090 Alibaba AveSponsored by: Interim City Manager
RESOLUTION NO. 23-117
A RESOLUTION OFTHE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
DEVELOPMENT AGREEMENT REVIEW REQUEST
FOR THE CONSTRUCTION OF AN EIGHT -STORY
MULTI -FAMILY APARTMENT BUILDING ON THE
PROPERTY LOCATED AT 2090 ALI BABA AVENUE
AND IDENTIFIED BY FOLIO 08-2122-003-2100,
CORRIDOR MIXED USE (MXUOD) ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, EcoTech Visions Foundation, Inc., intends to
construct an eight -story multi -family building that will provide 48 apartment units
and 88 parking spaces; and
WHEREAS, the Applicant further intends to provide 520 square feet of retail
space and landscaping in accordance with the City of Opa-Lockais Land Development
Regulations; and
WHEREAS, the Applicant, has submitted a request for development agreement
review to construct a multi -family residential building in the Corridor Mixed Use
District (MXUOD); and
WHEREAS, Planning & Community Development staff for the City of Opa-
Locka reviewed the application of EcoTech Visions Foundation, Inc., and determined
that the Applicant has provided all information required by Section 22- 55(I) of the City
of Opa-Locka's Land Development Code for proper consideration by the Planning and
Zoning Board; and
WHEREAS, the Planning and Zoning Board reviewed this request at a public
hearing on January 10, 2023 and approved this request by a 4-0 vote; and
WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the
best interest of the City and its residents to approve the development agreement
request by the Applicant, as provided herein as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Resolution No. 23-117
SECTION 1. RECITALS.
The above recitals are true and correct and are incorporated into this Resolution by
reference.
SECTION 2. APPROVAL,/DENIAL.
Approval/ Denial of Development Agreement Review: The City Commission of the
City of Opa-Locka, Florida hereby approves a request for the Development Agreement
approval for the construction of an eight -story multi- family apartment building that
will provide 48 apartment units and 88 parking spaces at 2090 Ali Baba Avenue within
the municipal boundaries of the City of Opa-Locka and as identified by Miami Dade
County Tax Folio No. 08-2122-003-2100, in the Corridor Mixed Use District (MXUOD)
as set forth in Exhibit "A".
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Interim
City Manager following review by the City Attorney, without the need of a public
hearing by filing a corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of Opa-
Locka's Code of Ordinances, Land Development Regulations and the City of Opa-
Locka Charter.
PASSED and ADOPTED this 26th day of July, 2023.
TTEST:
nna Flores, City Clerk
John H. j aylor Jr., Mayor
2
Resolution No. 23-1 17
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Attorney
Moved .y: Commissioner Bass
Seconded by: Vice Mayor Ervin
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
---/—fr-,=.
City
Manager:
Darvin Williams
CM Signature
Commission
Meeting
Date:
July 26, 2023
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Resolution Reading:
(Enter X in box)
1St Reading
2nd Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
N/A
(Enter Fund & Dept)
Ex:
See Financial
Impact section
below
Advertising Requirement:
(Enter X in box)
Yes
No
X
ILA
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
N/A
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
m
•
•
Image ❑
•
Sponsor
Name
Darvin Williams
Department: Planning &
Community Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING THE DEVELOPMENT AGREEMENT REQUEST FOR THE CONSTRUCTION OF AN
EIGHT -STORY MULTI -FAMILY APARTMENT BUILDING ON THE PROPERTY LOCATED AT 2090
ALI BABA AVENUE AND IDENTIFIED BY FOLIO 08-2122-003-2100, IN THE CORRIDOR MIXED
USE DISTRICT (MXUOD) ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The applicant, EcoTech Visions Foundation, Inc., has submitted two development requests, one for site plan
review, and one for development agreement review. The applicant intends to construct an eight -story multi-
family building on the vacant property identified by folio 08-2122-003-2100 at 2090 Ali baba Avenue which
will include 520 square feet of retail space and landscaping in accordance with the City of Opa-locka's Land
Development Regulations. The Planning & Community Development Department Staff has reviewed the
application of EcoTech Visions Foundation, Inc., and has determined that the applicant has provided all
information required by Section 22-55(I) of the City of Opa-locka's Land Development Regulation for proper
consideration by the Planning and Zoning Board. The Planning and Zoning Board reviewed this request on
January 10, 2023, and approved this item by a 4-0 vote.
Background
According to Maim Dade County Property Appraiser's website, the subject is a 15,625 square foot vacant lot
on which the owner/applicant intends to construct an eight -story Multi -family building that will provide
twenty-five, two bedroom or less units and provide twenty-three, three bedroom units and provide eighty-
eight parking spaces for commercial and residential uses. The applicant also intends to provide landscaping
in accordance with the requirements of the City Land Development Regulations. The development meets the
requirements for setbacks, building heights, lot coverage, parking and landscaping.
This proposed development is generally surrounded by residential properties to the west, and north and to
the east both residential and retail property and to the south the tri-rail station. The site will allow entrance
and exits on Fisherman Street and on Ali Baba Avenue.
The proposed development for a Multi -Family apartment with a retail component is in harmony with the
general characteristics of the surrounding neighborhood for residential uses. This development is also in
harmony with the requirements for the zoning district and the land use category, specifically with the City
Corridor Mixed Use (MXUOD) zoning district.
Financial Impact
Approval of this site plan and of this development agreement will not provide any negative financial impact.
Proposed Action:
Staff recommended approval of this Resolution.
Attachment:
Draft Resolution
P&ZAB Application Package
P&ZAB Meeting Minutes 01-10-23
Tha Jre y a!
?IOC C oppo+'runiVes
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director ,�,
Signature: °
City
Manager:
Darvin E. Williams
CM Signature Q,bt-L...
�
Commission
Meeting
Date:
March 22, 2023
Item Type:
(EnterX in box)
Resolution -'
Ordinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Resolution Reading:
(Enter X in box)
ie Reading
2nd Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account#:
N/A
(Enter Fund & Dept)
Ex:
See Financial
Impact section
below
Advertising Requirement:
(Enter X in box)
Yes
No
X
ILA
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
N/A
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
IN
IIII
MI
Image ❑
•
Sponsor
Name
Darvin Williams
Department: Planning &
Community Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING THE DEVELOPMENT AGREEMENT REQUEST FOR THE CONSTRUCTION OF AN
EIGHT -STORY MULTI -FAMILY APARTMENT BUILDING ON THE PROPERTY LOCATED AT 2090
ALI BABA AVENUE AND IDENTIFIED BY FOLIO 08-2122-003-2100, IN THE CORRIDOR MIXED
USE DISTRICT (MXUOD) ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The applicant, EcoTech Visions Foundation, Inc., has submitted two development requests, one for site plan
review, and one for development agreement review. The applicant intends to construct an eight -story multi-
family building on the vacant property identified by folio 08-2122-003-2100 at 2090 Ali baba Avenue which
will include 520 square feet of retail space and landscaping in accordance with the City of Opa-locka's Land
Development Regulations. The Planning & Community Development Department Staff has reviewed the
application of EcoTech Visions Foundation, Inc., and has determined that the applicant has provided all
information required by Section 22-55(1) of the City of Opa-locka's Land Development Regulation for proper
consideration by the Planning and Zoning Board. The Planning and Zoning Board reviewed this request on
January 10, 2023, and approved this item by a 4-0 vote.
Background
According to Maim Dade County Property Appraiser's website, the subject is a 15,625 square foot vacant lot
on which the owner/applicant intends to construct an eight -story Multi -family building that will provide
twenty-five, two bedroom or less units and provide twenty-three, three bedroom units and provide eighty-
eight parking spaces for commercial and residential uses. The applicant also intends to provide landscaping
in accordance with the requirements of the City Land Development Regulations. The development meets the
requirements for setbacks, building heights, lot coverage, parking and landscaping.
This proposed development is generally surrounded by residential properties to the west, and north and to
the east both residential and retail property and to the south the tri-rail station. The site will allow entrance
and exits on Fisherman Street and on Ali Baba Avenue.
The proposed development for a Multi -Family apartment with a retail component is in harmony with the
general characteristics of the surrounding neighborhood for residential uses. This development is also in
harmony with the requirements for the zoning district and the land use category, specifically with the City
Corridor Mixed Use (MXUOD) zoning district.
Financial Impact
Approval of this site plan and of this development agreement will not provide any negative financial impact.
Proposed Action:
Staff recommended approval of this Resolution.
Attachment:
Draft Resolution
P&ZAB Application Package
P&ZAB Meeting Minutes 01-10-23
Page 2 of 5
THE GREAT CITY
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PLANNING & ZONING BOARD APPLICATION
Received:
By:
Date:
APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED:
PROPERTY OWNER'S NAME: EcoTcch Visions Foundation Inc.
PROPERTY OWNER'S ADDRESS: 11847 SW 216th Street, Goulds, Florida 33170
Number/Street City State/Zip Code
APPLICANT'S NAME: EcoTech Visions Foundation Inc./Dr. Pandwe Gibson, Executive Director/Nehemiah Davis, Co -Developer
APPLICANT'S ADDRESS: 11847 SW 216th Street, Goulds, Florida 33170
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE (773) 495-3897 HOME OTHER
SUBJECT PROPERTY ADDRESS: 2090 Ali Baba Avenue , Opa-Locka, FL 33054
Number/Street
TAX FOLIO NUMBER: 08-2122-003-2100 PRESENT ZONING: B-1
LEGAL DESCRIPTION: MAGNOLIA SUB, PB 40-80, LOTS 23 THRU 27 BLK 12, LOT SIZE 125.000 X 125,
OR 10640-1364 1179 5
Please check specific request:
Tentative Plat
Final Plat
Comprehensive Plan Amendment: Small Scale; _large Scale (please specify type of amendment below)
Rezoning
Drainage Plan
_Fill Permit Request
'reliminary Site Plan Review
Final Site Plan Review
Conditional Use Permit - No Plans
Conditional Use Permit - With Plans
Special Exception No Plans
Special Exception With Plans
X _Development Agreement
Restrictive Covenant
_Other Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 15-13
Land Development Regulations/ Toning Code: Ordinance 15-31
Page 3 of 5
PLANNING & ZONING BOARD APPLICATION
(Checklist)
Received:
By:
Date:
Applications will not be accepted without the following data. For a public hearing, all items below are necessary and
must be submitted.
X Completed application form
X Application fee payable to the City of Opa-locka by check or money order
X
Copy of property owner's and/or applicant's driver license/photo I.D. & Incorporation Documents (Inc., LLC, ...)
X Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized)
X A completed Neighborhood Petition form (attached) with the signature of each property
P g gt p p rty owner in front, in the rear,
to the left and to the right of the subject property, indicating his or her support for the proposed project. (Must
include name, address, folio and phone number).
X All preliminary and final site plans, along with property survey, signed and notarized application(s) must be
submitted on flash drive in PDF format.
X Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches). (The submitted propeny
survey must not exceed a maximum of two (2) years from date created in order to be considered acceptable by the City of Opa-locka)
X Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies
X Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel.
Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original
and 2 copies size of document to accommodate scale)
X Narrative concept must be submitted with application
AFFIDAVIT
Dr. Pandwe Gibson, Executive Director of
I, EcoTech Visions Foundation, Inc, being first duly sworn, depose and say that I am the OWNER of the property ,and I
understand that this application must be complete and accurate before a public hearing can be advertised.
Signature
7/.-Z5 /2-0 '2- 2_
Date
Sworn to and subscribed before me:
\-3
This J day of ) \
Notary
NotaryPublic
Attach copy of identification
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
tAR UNIQUA WHITE-MARIN
°I5 Notary Public
o State of Florida
? Comm## HH245767
E Expires 3/28/2026
My commission expires
63/ ,,2_si,z(
Page 4 of 5
PLANNING & ZONING BOARD APPLICATION
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning &. Zoning Board unless a notarized copy of this Power of Attorney is submitted.
To:
From:
City of Opa-locka
EcoTech Visions Foundation, Inc.
Subject:
Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I Dr. Pandwe Gibson, Executive Director of EcoTcch Visions Foundation, Inc. being first duly sworn, depose and say that I am the owner
of the property legally described as:
MAGNOLIA SUB. PB 40 -SO. LOTS 23 TIIRU 27 BLK 12. LOT SIZE 125.000 X 125. OR 10640-1364 1 179 5
I do give to Development Team: Nehemiah Davis. Keaton white-Marin. Miguel Omar the power of Attorney and authority to speak in my
behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also
authorize Development Tcam: Nehemiah Davis, Kelton White-Marin. Miguel Omar to negotiate and commit to the City Commission and City
Admi tion in my behalf. I will abide by all final determinations of the City Commission and City Administration.
Gc.dt=t
Signature
2-Cl 2-2
Date
Sworn to and subscribed before me:
This :72.-.-F-5
dayof
Notary Public
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
UNIQUA WHITE-MARIN
Notary Public
o State of Florida
Z Comm# HH245767
`1" Expires 3/28/2026
?My commission expires: ) ) () / W
Page 5 of 5
Attach copy of identification
PLANNING & ZONING BOARD
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 2090 Ali Baba Avenue, Opa-Locka, FL 33054
Received:
By:
Date:
LEGAL DESCRIPTION: MAGNOLIA SUB. PB 40-80. LOTS 23 TIIRU 27 BLK 12. LOT SIZE 125.000 X
125.OR 10640-1364 1179 5
I SUPPORT THIS DEVELOPMENT REQUEST
I DO NOT SUPPORT THIS DEVELOPMENT REQUEST
PROPERTY OWNER'S NAME: EcoTech Visions Foundation, Inc, PHONE: (773) 495-3897
ADDRESS (If different): 11847 SW 216th Street. Goulds. Florida 33170
Signature
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
1/6/23, 3:25 PM
Detail by Entity Name
FLORIDA DEPARTMENT O[STATE
DIVISION OF CORPORATIONS
DIVISION of
h Erna CORPORATIONS
an official State of Florida Irebsite
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Not For Profit Corporation
ECOTECH VISIONS FOUNDATION, INC.
Filing Information
Document Number N07000005930
FEI/EIN Number 26-0354733
Date Filed 06/14/2007
Effective Date 06/14/2007
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 04/02/2021
Event Effective Date NONE
Principal Address
670 NW 113th Street
MIAMI, FL 33168
Changed: 05/10/2016
Mailing Address
670 NW 113th street
Miami, FL 33168
Changed: 03/10/2021
Registered Agent Name & Address
Gibson, Pandwe
670 NW 113th Street
MIAMI, FL 33168
Name Changed: 04/29/2016
Address Changed: 02/16/2017
Officer/Director Detail
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ECOTEC.. 1/3
1/6/23, 3:25 PM Detail by Entity Name
Name & Address
Title Executive Director
GIBSON, PANDWEA
670 NW 113th Street
MIAMI, FL 33168
Title Member
Zuckerman, Robert
19380 Collins Avenue
Sunny Isles Beach, FL 33160
Title Director
Lawson, Darryl J
670 NW 113th Street
MIAMI, FL 33168
Title CHAIRMAN
HILL, SIR CHARLES
900 TEMPLE STREET
SUITE 743
LOS ANGELES, CA 90012
Title TREASURE
MCENTEE, KARINA
670 NW 113TH STREET
MIAMI, FL 33168
Title DIRECTOR
DI STETONO, SCOT
670 NW 113TH STREET
MIAMI, FL 33168
Title DIRECTOR
PRESTON, JOHN
670 NW 113TH STREET
MIAMI, FL 33168
Title Dr
Dalhberg, carl
15-17 Thomas St.
Belmont, MA 02478-2437
Annual Reports
https://search. su nbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&d irectionType=l n itial&searchNameOrder=ECOTEC... 2/3
1/6/23, 3:25 PM Detail by Entity Name
Report Year
2020
2021
2022
Document Images
Filed Date
06/08/2020
03/10/2021
03/07/2022
03/07/2022 --ANNUAL REPORT
04/02/2021 -- Amendment
03/10/2021 --ANNUAL REPORT
10/13/2020 -- Amendment
06/08/2020 —ANNUAL REPORT
03/01/2019 -- ANNUAL REPORT
01/16/2018 --ANNUAL REPORT
02/16/2017 --ANNUAL REPORT
04/29/2016 —ANNUAL REPORT
03/06/2015 -- ANNUAL REPORT
09/29/2014 -- REINSTATEMENT
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07/02/2014 -- Amendment and Name Change View image in PDF format
08/22/2013 --ANNUAL REPORT
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04/12/2012 —ANNUAL REPORT View image in PDF format
08/02/2011 --Amendment and Name Change View image In PDF format
04/06/2011 --ANNUAL REPORT
09/01/2010 -- Off/Dir Resignation
08/30/2010 --ANNUAL REPORT
04/15/2010 —ANNUAL REPORT
03/21/2009 --ANNUAL REPORT
11/17/2008 --Amendment
10/30/2008 -- REINSTATEMENT
06/14/2007 -- Domestic Non -Profit
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Florida Department of State, Division of Corporations
https://search. sunbiz. org/Inquiry/CorporationSearch/Search Resu ItDetail?inqu irytype=EntityName&directionType=l n itial&searchNameOrder=ECOTEC... 3/3
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Record and Return to:
(enclose self-addressed stamped envelope)
Dr. Pandwe Gibson, Executive Director
Amstrong Building
EcoTech Visions Foundation Inc.
11847 SW 216th Street
Goulds, Florida 33170
Ronnie Bronstein, Attorney
Mansfield, Bronstein & Stone, LLP
Broward Financial Center
500 East Broward Blvd., Suite 1450
Fort Lauderdale, FL 33394
This Instrument Prepared by:
Law Offices of Burnadette Norris -Weeks, P.A.
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA; AND
PROJECT NAME AND PROJECT OWNER
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this
_day of , 2022 ("Execution Date") by and between Developer, (" Ecotech Visions
Foundation Inc."), with the address of 11847 SW 216th Street Goulds FL 33170 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 .3587 acres (15,625 sgft.)of
land located 2090 Ali Baba Avenue, Opa Locka 33054, within the municipal boundaries of the City and
identified by Miami -Dade County Tax Folio Nos. (08-2122-003-2100, ) (the "Property"), the legal
description of which is attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number
Master Site Plan lot the Proposed Development type which includes an approximately
office building, as well as approximately surface parking spaces; and
approving a
square foot
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida
Local Government Development Agreement Act, the Florida Legislature has determined that the lack of
certainty in the development process can result in a waste of economic and land development resources,
discourage sound capital improvement planning and financing, escalate the cost of housing and
development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning
and financing, assists in assuring there are adequate capital facilities for the development, encourages
private participation in comprehensive planning, and reduces the economic costs of development; and
1
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City Commission pursuant to Resolution No. , adopted on
, 20 , authorizes the City Manager to execute this Agreement upon the terms and
conditions set forth by the City Commission and listed below, and the Owner have authorized the
Owner/Manager to execute this Agreement upon the terms and conditions set forth by the City
Commission and as listed below; and
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises
herein set forth, the Owner and City agrees to as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed apart hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a 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, Amstrong Building, with
the address of 2090 Ali Baba Avenue, Opa Locka. Florida 33054 and/or any of
its respective successors, assigns, or heirs thereof.
(f) "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami -Dade County,
2
(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.
"Existing Zoning" means (a) all entitlements associated with the City's approval
(k) of the Amstrong Building, Site Plan, and (b) the provisions of the Charter,
Comprehensive Plan and Laws of the City of Opa-Locka, including the City of
Opa-Locka's Unified Land Development Regulation Code and the Ordinance, as
amended through the Effective Date.
(1) "Final Site Plan" means the "Amstrong Building, " Site Plan approved by the
City Commission via Resolution No. for (Multifamily Mix Use 8 -Story
Condominum Building with 3 levels of parking and 5 levels with 48 Residential units.)
(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 Number 15-31.
(r) "Parties" means the City and the Owner.
(s) "Project" is the Amstrong Building at address of development facility as
described in the plans prepared by ARCHITECT or ENGINEERING Firm and
dated 07/20/ 2021, which proposes the development of an approximately92.400
square foot building and 88 parking spaces with related employee and guest
parking.
(t) "Property" means the approximately .3487 acres of land located on Ali Baba
Avenue , within the municipal boundaries of the City of Opa Locka and identified
by Miami -Dade County Tax Folio Nos. (08-2122-003-2100) the legal description
of which is attached hereto and made a part hereof as Exhibit "A."
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Numbers - and _- approving the
Project Name at Project address Site Plan and the Project Name Development
Agreement Project.
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, P.S., the City and the Owner shall act in good faith to carry out the
intent of the Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all Parties (including the Owner) and
all persons claiming under it for an Initial Term of thirty (30) years from the Effective
Date, and may be extended for one or more Additional Term(s) thereafter by mutual
consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S.
Consent to any extension of this Agreement requires approval of both parties to this
Agreement. No notice of termination shall be required by either party upon the
expiration of this Agreement and thereafter the parties hereto shall have no further
obligations under this Agreement. The obligations imposed pursuant to this Agreement
upon the parties and upon the Property shall run with and bind the Property as
covenants running with the Property, and this Agreement shall be binding upon and
enforceable by and against the parties hereto, their personal representatives, heirs,
successors, grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the Agreement, the City
shall have ability and the rights under its police power to adopt Zoning Regulations not
inconsistent with the rights granted hereunder. In the event of termination or default, no
further rights under this Agreement shall exist, whether brought under a claim of vested
right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner
agrees as follows:
(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.
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(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 Name Site Plan. Such items include, but are not specifically
limited to:
• Design of all physical structures, water bodies, private and public
improvements and
The color and dimensional characteristics of all building materials.
All landscaping, bay loading and parking spaces must be provided and
maintained as shown on the site plan.
(e) Owner guarantees to preserve and maintain all buildings and structures consistent
with the Project Name Site Plan, or to cause any tenant of the Property to do so,
for the entire period in which the Owner owns the land or controls at least 51%
ownership of the Property, or controls a 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 Current Month, 2049.
(I)
(g)
Owner shall submit annual reports and additional documentation to the City as
required by the Resolution to verify continuing compliance with the Resolution.
[NOTE: City to provide Owner with form of annual reports and any additional
documentation that will be required]
The Owner will not physically alter or substitute the design of structures,
materials and colors included in the Project Name 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 employ Opa-locka residents through the assistance of the
Career Source South Florida Office (or other similar organization as determined
by City) and shall also encourage all contractors and all of their subcontractors
to employ Opa-Locka residents through the assistance of the Career Source
South Florida office in coordination with the City of Opa-Locka and in
accordance with the Memorandum of Understanding between the City of Opa-
Locka and Career Source. [NOTE: City to provide Owner with a copy of the
referenced Memorandum of Understanding and any additional documentation
regarding this requirement.]
0) Owner agrees:
(1) To host job fairs before and during the construction phase of this
development for construction jobs;
(2) To encourage any tenants of the Project to host job fairs after
construction for building (business) operation jobs;
(k) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(1) The following timelines shall be complied with by Owner, Project Name. Said
entity must work immediately to seek all applicable permits immediately upon
approval of this Agreement and shall:
•
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.
• Must start construction: within 18 months following issuance of
permits. The City Manager may grant a single 12 month extension for
good cause shown.
• Must complete project: within 24 months following issuance of permits.
The City Manager may grant a single 12 month extension for good cause
10. Development Permits. In accordance with Section 163.3227(I), F.S., the City needs to
approve the following additional development permits upon proper submission of all
requirements, and City review or inspections, in order for the Owner to develop the
Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Project Name Site
Plan_
(c) Water, sewer, paving and drainage permits;
(d) Building permits;
(e) Sign permits;
(f) Certificates of use and occupancy; and
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.
Any City liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this agreement for this property or any other property
owned by Project Name.
All currently non -compliant physical structures or vehicles if applicable, shall
be removed prior to the execution of this agreement.
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11. Public Services and Facilities; Concurrency. 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 in Project Name Site
Plan. 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), F.S.,
the City hereby finds and declares that the Owner's development of the Project on the
Property complies with the Laws, ordinances, regulations and policies of the City of Opa-
Locka, and is consistent with the City's Laws, Comprehensive Plan and Land
Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for the
Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-Locka,
including the City's Comprehensive Plan and Land Development Regulations, as of the
Effective Date of this Agreement, subject to the conditions of this Agreement. Except as
otherwise provided in the Act, the City's Laws and policies governing the development
of the Property as of the Effective Date of this Agreement shall govern the development
of the Property for the Entire Term of this Agreement unless terminated. Development
of the Property as outlined herein shall not be subject to any future changes to the Laws
of the City, including the City's Land Development Regulations and Comprehensive
Plan designation alter the Effective Date and during the Entire Term of this Agreement,
except to the extent that the Owners consent to such changes and except as otherwise
provided in the Act. The City may apply subsequently adopted laws or policies to the
Property only as permitted or required by the Act or as provided above or upon this
agreement being terminated or having expired
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
15. Necessity of Complying, with Local Regulations Relative to Development Permits.
In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be
construed as a development permit or authorization to commence Development. The
Owner and the City agree that the failure of this Agreement to address a particular
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permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve the 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.
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:
With a copy to:
If to the Owner at:
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa Locka
780 Fisherman Street
Opa-Locka, Florida 33054
And
401 North Avenue of the Arts
Ft. Lauderdale, FL 33311
Amstrong Building
EcoTech Visions Foundation Inc.
11847 SW 216th Street
Goulds, Florida 33170
Governing Laws, Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida. The Owner 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.
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Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement that 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.
18. 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.
19. 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.
20. Indemnification. The Owner shall indemnify and hold harmless the City, its elected and
appointed officials, employees, agents and assigns from and against any claims or
litigation arising under this Agreement instituted by third parties to the extent arising as
a result of the activities of Owner at the Property or in connection with the construction
of the Project.
21. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Manager
Dated: day of , 2022
Approved for form and legal sufficiency:
City Attorney:
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WITNESS:
Print Name
Signature
Print Name
Print Name
Signature
Print Name
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OWNER
Amstrong Building
EcoTech Visions Foundation Inc.
By:
Name:
Title:
By:
Name:
Title:
EXHIBIT A- PROPERTY (LEGAL DESCRIPTION)
Xxxxxxxxxxxxxxxxx OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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