HomeMy Public PortalAboutResolution No. 23-021 Resolution reconsidering development agreement for property at 12691 NW 42nd AveRESOLUTION NO. 23-021
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RECONSIDERING
THE DEVELOPMENT AGREEMENT REQUEST FOR
THE CONSTRUCTION AND OPERATION OF AN
INDUSTRIAL AND COMMERCIAL MIXED -USE
RETAIL, AND WAREHOUSE DISTRIBUTION
FACILITY ON THE PROPERTY LOCATED AT 12691
NW 42ND AVENUE AND 12705 NW 42ND AVENUE,
OPA-LOCKA, FLORIDA 33054, IDENTIFIED BY
FOLIOS 08-2129-000- 0050 AND 08-2129-000-0064, IN
THE B-3 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Applicant, GPT NW 42ND AVENUE OWNER II, LLC C/O
GRAMERCY PROPERTY TRUST & GPT NW 42ND AVENUE OWNER III, LLC C/O
GRAMERCY PROPERTY TRUST seeks to redevelop the two -parcel site, located at
12691 NW 42nd Avenue and identified by folio 08-2129-000-0050 and 12705 NW
42nd Avenue and identified by folio 08-2129-000-0064, within the City of Opa-
Locka ("City"), with the construction and operation of an industrial and
commercial mixed -use retail and warehouse distribution facility in accordance with
the Commercial B-3 zoning district and the Corridor Mixed Use Overlay
requirements; and
WHEREAS, on December 14, 2022, pursuant to Resolution 22-085, the City
Commission reviewed and approved the Development Agreement for the construction
and operation of an industrial and commercial mixed -use retail, and warehouse
distribution facility on the property at 12705 NW 42nd Avenue, Opa-Locka, FL and 12691
NW 42nd Avenue, Opa-Locka, FL 33054; and
WHEREAS, the Applicant is requesting reconsideration for several amendments
of the Development Agreement for the subject property; and
WHEREAS, Staff disagrees with the amendments of the Applicant but desires to
bring this matter to the Commission for review; and
WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the
best interest of the City and its residents to approve the development agreement of
Applicant, as amended and provided herein and attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this
Resolution by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Amended Development Agreement. The City
Commission of the City of Opa-Locka has reviewed the request of the
Applicant, GPT NW 42ND AVENUE OWNER II, LLC C/O GRAMERCY
PROPERTY TRUST & GPT NW 42ND AVENUE OWNER III, LLC C/O
GRAMERCY PROPERTY TRUST, and hereby groves / denies the
Amended Development Agreement request for the construction and
operation of an industrial and commercial mixed -use retail, and warehouse
distribution facility on the property located at 12691 NW 42nd Avenue and
identified by folio 08-2129-000-0050 and 12705 NW 42nd Avenue and identified by
folio 08-2129-000-0064 and both properties are in the B-3 Zoning District. A
copy of the Amended Development Agreement with a copy of the
approved Site Plan is attached hereto and incorporated herein as composite
Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the
City Manager following review by the City Attorney and without need of
public hearing, by filing a corrected copy of same with the City.
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the
City of Opa-Locka Code of Ordinances and the City of Opa-Locka Charter.
PASSED and ADOPTED this 22nd day of Febru. 2023.
aylor, Mayor
ATTEST:
o"anna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUF CIENCY:
B na. to Nor is -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Vice Mayor Ervin
VOTE: y _ p
Commissioner Bass ABSENT
Commissioner Kelley X (Yes) (No)
Commissioner Williams X (Yes) (No)
Vice Mayor Ervin X (Yes) (No)
Mayor Taylor X (Yes) (No)
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
CM Signature )a`-'t
Resolution
L/1A,MtGA-2Commission
Ordinance
--
Other
City
Manager:
Darvin Williams
Meeting
Date:
February 22, 2023
Item Type:
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Impact:
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box)
Yes
No
Resolution Reading:
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1st Reading
2nd Reading
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X
Public Hearing:
(EnterX in box)
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No
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No
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X
Funding
Source:
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Ex: N/A
See Financial
Impact section
below
Advertising Requirement:
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ILA
Required:
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RFP/RFQ/Bid#:
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Strategic Plan Priority
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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,
RECONSIDERING THE DEVELOPMENT AGREEMENT REQUEST FOR THE
CONSTRUCTION AND OPERATION OF AN INDUSTRIAL AND COMMERCIAL MIXED -
USE RETAIL, AND WAREHOUSE DISTRIBUTION FACILITY ON THE PROPERTY
LOCATED AT 12691 NW 42ND AVENUE AND 12705 NW 42ND AVENUE, OPA-LOCKA,
FLORIDA 33054, IDENTIFIED BY FOLIOS 08-2129-000-0050 AND 08-2129-000-0064, IN THE
B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Applicant, GPT NW 42nd Avenue Owner 11, LLC & GPT NW 42nd Avenue Owner III, LLC seeks to redevelop
this two -parcel site and has submitted formal requests for site plan and development agreement approvals for
the construction and operation of an industrial and commercial mixed -use retail and warehouse distribution
facility in accordance with the Commercial B-3 zoning district and the Corridor Mixed use Overlay
requirements. The City Commission reviewed and approved the Development Agreement for the construction
and operation of an industrial and commercial mixed -use retail, and warehouse distribution facility on the
property at 12705 NW 42nd Avenue, Opa-locka, FL and 12691 NW 42nd Avenue, Opa-locka, FL 33054 on
December 14, 2022. This request is being reconsidered to approve the redline version provided with this
request.
Background
This property is located in the southwest section of the City of Opa-locka on the east -side of NW 42nd Avenue,
across from the City's Public Works Department. The property is owned by GPT NW 42nd Avenue Owner 11
LLC and GPT NW 42nd Avenue Owner III LLC according to Miami -Dade County Property appraiser's website.
As indicated on the site plan the proposed development would consist of six buildings containing
approximately 741,837 square feet which combines both commercial and warehouse uses and would provide
74,182 square feet of office use.
The applicant intends to develop the property with a commercial logistics uses in accordance with the
Commercial B-3 zoning district regulations and the corridor mixed use overlay requirements for the inclusion
of industrial warehouse and distribution uses. The proposed development would consist of six buildings
containing over 740,000 square feet and incorporates traditional Moorish architecture to complement the
surrounding community and general design goals of the City. This development provides for both commercial
and warehouse uses with a commercial visual appeal. This planned development is anticipated to generated
approximately 1,000 construction jobs, 765 permanent jobs, and an excess of $90 million in new investment
inclusive of $6 million of permits and impact fees.
The City of Opa-locka's Comprehensive Plan, Future Land Use Plan map provides that the property
has a land use designation of "Commercial" with a "Corridor Mixed Use Overlay", for "Parcel 1" and a
land use designation of "industrial" with a "Corridor Mixed Use Overlay", for "Parcel 2" which allows
for an industrial/commercial mixed -use, which would include warehouse / distribution facilities and
showrooms. Because the buildings are expected to be built on a speculative basis for many tenants and are
not a build -to -suit for a specific tenant in mind, measurable commercial -retail at this time is not possible in
order to preserve flexibility needed to best respond to leasing demand once the buildings are constructed. The
site plan does provide a means for separate uses within each building to permit commercial retail, showroom
and flex office space.
The proposed development use "Retail Center" and 'Warehouse Distribution Center" is in harmony with the
general characteristic of the surrounding neighborhood for Commercial/Industrial Uses. For Horizontal
Mixed Use the Development where the different types of uses, industrial and commercial are horizontally
integrated, the site plan has multiple buildings, and each building may be a separate use. There must be clear
indicators as to the area designated for retail and for commercial uses. Retail uses must be specific to the
products produced on site and any accessory uses. The applicant is proposing a speculative, multi -tenant
commercial logistics project that has been designed to attract small- and medium-sized users that are
anticipated to require approximately 10% in aggregate of square footage as retail/showroom and flex office
space buildout inside the buildings. The buildings facing LeJeune and Douglas/LeJeune will feature shallower
depths at 145 feet, more glass and storefronts, high auto parking counts, enhanced lighting and concealed
truck courts, which are visually appealing to the neighborhood and will attract smaller businesses with
office/showroom/retail spaces along the storefronts.
According to the City's Land Development Regulation/ Zoning Code B-3 (Commercial Industrial) allows
Warehouse facilities for light industrial and light manufacturing uses; The B-3 Zoning District also permits B-
1 & B-2 Uses and the district permits Flea Markets & Bazaars. As a mixed -use development there must be clear
indications of retail, sales and service uses and distinct indicators of where those uses will be located. The
MXUOD District permits Retail and Service Uses as well as Hotels, Movie Theaters, Health Spas, and Medical
and Business Offices. The commercial mixed use also includes Recreational Facilities that include recreation
buildings for indoor sports, i.e. indoor soccer, swimming pools, parks, (which could include a water park) open
space and recreational area for tennis courts, basketball courts, etc.
Financial Impact
Approval of this site plan and development agreement will not provide any negative financial impact.
Proposed Action:
Staff recommended approval of this Resolution
Attachment:
DRAFT Resolution
P&Z Application Package
P&Z Board Meeting Minutes 943-22
Record and Return to:
(enclose self-addressed stamped envelope)
Holland & Knight, LLP
(Joseph G. Goldstein, et. al.)
701 Brickell Avenue, Suite 3300,
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 GPT NW 42" AVENUE OWNER II LLC & GPT NW 42" AVENUE
OWNER III LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this_day of
2022 ("Execution Date") by and between GPT NW 42nd Avenue Owner II LLC & GPT NW 42nd
Avenue Owner III LLC (the "Owner(s)"), a Florida limited liability company with the mailing
address of 90 Park Avenue 32 Floor, NY, NY 10016 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 43.76+/- acres of land
located at approximately 12691 LeJeune Road and 12705 LeJeune Road within the municipal
boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2129-000-0050 and
08-2129-000-0064 (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 six buildings containing over 740,000
square feet and incorporates architecture that is derivative of a Moorish design theme in accordance
with City Code requirements similar to the surrounding community with general design goals of the
City, as shown on the Final Site Plan, and includes parking spaces and landscaping consistent with
City Code requirements as shown on the Final Site Plan, is attached hereto and incorporated herein,
in accordance with the GPT NW 42nd Avenue Owner II LLC & GPT NW 42nd Avenue Owner III
LLC approved Final Site Plan for the Project described below, as may be amended from time to time
(the "Proposed Development");
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
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, GPT NW
42nd Avenue Owner 11 LLC & GPT NW 42nd Avenue Owner III LLC.,
(the "Owner"), a Florida limited liability company, its/their successors
and/or assigns with the mailing address of 90 Park Avenue 32 Floor,
NY, NY 10016 and those designated to receive notices as provided in
paragraph 17 (Notices) herein and/or any of its respective successors,
assigns, or heirs.
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, Florida.
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 GPT NW 42nd Avenue Owner II LLC & GPT NW
42nd Avenue Owner III LLC., Project, the approval of the Final Site
Plan and this Development Agreement, at approximately 12961
LeJeune Road & 12705 LeJeune Road, 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 GPT NW 42nd Avenue Owner II LLC &
GPT NW 42nd Avenue Owner III LLC., Site Plan, at approximately
12961 LeJeune Road & 12705 LeJeune Road "Final Site Plan"
approved by the City Commission via Resolution No. for the
Proposed Development. which 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.
q.
"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.
"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, GPT NW 42nd Avenue
Owner II LLC & GPT NW 42nd Avenue Owner III LLC, their
successors and/or assigns.
s. "Project" shall mean the GPT NW 42nd Avenue Owner II LLC & GPT
NW 42nd Avenue Owner III LLC and development of the 2.94 acre
Property at 12961 LeJeune Road & 12705 LeJeune Road, and
identified by Miami -Dade County Tax Folio Nos 08-2129-000-0050
and 08-2129-000-0064 (the "Property), as described in the plans
prepared by Langan Engineering and Environmental Services, Inc., and
dated 3-29-22, which proposes the construction of six retail and
warehouse & distribution buildings containing over 740,000 square feet
and six buildings containing over 740,000 square feet and incorporates
architecture that is derivative of a Moorish design theme in accordance
with City Code requirements similar to the surrounding community
with general design goals of the City, as shown on the Final Site Plan,
and includes parking spaces and landscaping consistent with City Code
requirements as shown on the Final Site Plan in accordance with the
GPT NW 42nd Avenue Owner II LLC & GPT NW 42nd Avenue
Owner III LLC approved Final Site Plan for the Project described
below, as may be amended from time to time;
t. "Property" shall mean the parcel of real property defined in the
preamble to this Agreement, and legally described in Exhibit "A"
hereto.
u. "Public Facilities" means major capital improvements, including, but
not limited to transportation, transit, sanitary sewer, solid waste,
drainage, potable water, educational facilities, parks and recreational,
and health systems and facilities for which the City's Comprehensive
Plan sets forth required levels of service.
v. "Resolution" shall mean City of Opa-Locka Resolution Number
and approving the Project and this Agreement.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be
construed and implemented as a development agreement among the parties
pursuant to the Florida Local Government Development Agreement Act,
Section 163.3220 through 163,3243, F.S., ("Act"), in compliance with Article
V, Section 22-112 of the City of Opa-locka's Land Development Regulation
Code, the Ordinance, and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all
parties, the City shall record, with recording fees paid by the Owner, the
Agreement with the clerk of the Circuit Court for Miami -Dade County. This
Agreement shall become binding on the Effective Date. Notwithstanding the
Effective Date provided herein and required by Section 163.3239, F.S., the
City, and the Owner shall act in good faith to carry out the intent of the
Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the
land, remain in full force and effect, and be binding on all parties (including the
Owner) and all persons claiming under it for an Initial Term of thirty (30) years
from the Effective Date, and may be extended for one or more Additional
Term(s) thereafter by mutual consent of the parties subject to two public
hearings pursuant to Section 163.3225, F.S. Consent to any extension or
modification of this Agreement requires approval of both parties to this
Agreement. No notice of termination shall be required by either party upon the
expiration of this Agreement and thereafter the parties hereto shall have no
further obligations under this Agreement. The obligations imposed pursuant to
this Agreement upon the parties and upon the Property shall run with and bind
the Property as covenants running with the Property, and this Agreement shall
be binding upon and enforceable by 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 substantially deviate from the terms of its
graphic and verbal representation submitted to the City Commission in
order to receive approval of the Project. Such items include but are not
specifically limited to:
1) Design of all physical structures, water bodies, private and
public improvements and
2) The color and dimensional characteristics of all building
materials
3) All landscaping, loading areas and parking spaces must be
provided and maintained as shown on the site plan
e. Owner shall preserve and maintain all buildings and structures
substantially 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 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 May 2052.
f. At the request of the City, Owner shall submit or cause the submittal of
an annual report and shall provide additional documentation to the City as
required by the Resolution to verify continuing compliance with the
Resolution and this Agreement. A copy of the City's form of annual
report is attached as Exhibit "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. However, it shall be
under the City's reasonable discretion if specific approved colors or
materials are unavailable at the time of construction. 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
tenants to:
require its
1) Cooperate with the City on any City -initiated efforts with area
economic development and educational organizations, including the
Beacon Council, The Meek Foundation, Miami -Dade County Public
Schools, and Miami -Dade College or other organizations acceptable
to the parties, to expand vocational and technical training programs
for residents within the City through December 31, 2024; and
2) Recruit and employ qualified applicants who are City residents
through the assistance of the Career Source South Florida office in
coordination with the City of Opa-locka, and encourage all
contractors retained to develop the Project to do the same, as follows:
a) Prepare and provide the City with an outreach plan that
outlines the Owner's anticipated commercially reasonable
efforts to provide construction -related and 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 eentactercontractor(s) to host a
Local Job Fair and provide a list of construction job
openings to the City to post on the City's website, prior to
the issuance of the first building permit for vertical
construction. The general contractor shall advise the City
of any local new hires following its Local Job Fair(s).
J.
All trash and garbage containers shall comply with all city dumpster
enclosure requirements.
k. The following timelines shall be complied with by Owner, GPT NW 42nd
Avenue Owner II LLC & GPT NW 42nd Avenue Owner III 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 12 months from the execution
of the Development Agreement. The City Manager may grant a
single 12 month extension for good cause shown.
2) Must start construction: within 12 months following issuance of
building 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
building permits. The City Manager may grant a single 12 month
extension for good cause shown.
10. Development Permits. In accordance with Section 163.3227(t), F.S.,
the City may need to approve the following additional development permits
upon proper submission of all requirements, and City review or inspections, in
order for the Owner to develop the Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the
Project Site Plan;
(c) Water, sewer, paving and drainage permits
(d) Building permits
(e) Sign permits
(f) Certificates of use and occupancy; and
(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 Regulations, as of the Effective Date of this Agreement, subject
to the conditions of this Agreement. Except as otherwise provided in the Act,
the City's Laws and policies governing the development of the Property as of
the Effective Date of this Agreement shall govern the development of the
Property for the entire term of this Agreement unless terminated. Development
of the Property as outlined herein shall not be subject to any future changes to
the Laws of the City, including the City's Land Development Regulations and
Comprehensive Plan designation after the Effective Date and during the Entire
Term of this Agreement, except to the extent that Owner'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 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:
City Manager
City of Opa Locka
780 Fisherman St.
Opa Locka, Florida 33054
With a copy to:
Law Offices of Burnadette Norris -Weeks P.A.
City Attorney, City of Opa Locka
780 Fisherman St.
Opa Locka, Florida 33054
or 401 North Avenue of the Arts
Ft. Lauderdale, Florida, 33311
If to the Developer:
Link Logistics Real Estate LLC
90 Park Avenue, 32nd Floor
New York, New York 10016
Attn: General Counsel
Telephone: (212) 297-1000
Email:
LegaltilistFibutien@linklegisties,eemLegaldistribution@linIdogistics.com
Link Logistics Real Estate LLC
3470 NW 82nd Ave. Suite 760
Doral, FL 33122
Attn: Clifton Coffey
Telephone: (212) 297-1007
Email: ccoffey@linldogistics.com
Link Logistics Real Estate LLC
3470 NW 82nd Ave. Suite 760
Doral, FL 33122
Attn: Camilo Rios
Telephone: (305) 704-7292
Email: efies@linklegisties-,semcrios@linIdogistics.com
With a copy to:
Holland & Knight
701 Brickell Ave., Suite 3300
Miami, Florida 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.
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:
City Clerk
Dated: day of , 2022.
Approved for form and legal sufficiency:
By:
City Manager
City Attorney:
WITNESS:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
GPT NW
42nd
Avenue
Owner II
LLC & GPT
NW 42nd
Avenue
Owner III
LLC., a
Florida
limited
liability
company
By:
Owner/Agent
Title: Manager
The foregoing instrument was acknowledged before me, by means of _ physical presence or
online notarization, on this day of , 2022 by XXXXXX
XXXXX as Manager of GPT NW 42nd Avenue Owner II LLC & GPT NW 42nd Avenue Owner
III LLC, a Florida limited liability company. He is:
_personally known to me, or
_produced identification. Type of identification produced
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
EXHIBIT A
Legal Description
ai.p,'-.L. LI rU,Ir 1 I'lJIN.
AP,OEL 1;
HE NW 1/4 Of THE cE 1/4 OF SECTION 29, TTWNSHIP 52 SOUTH. RANGE 4' EAST. LESS THE NORTH 3fi FEET
ND LESS THE SOUTH 300 FEET OF THE V ST 413 FEET THEREOF, AND LESS THE '•+HEST 50 MEET FOR ROAD
;C:HT OF WAY FOR M,W, 42ND AbENJE AND LESS THE EAST 15.00 FEET OF THE SOUTH '/2 CF THE NW 1/1 or
HE SE 1/4 OF SECTION 7;0. T wMSHI? 52 SSOUN, :TANGS 41 EAST, MIAMI—DADE COUNTY. FLORIDA, AND LESS A
'i FOOT STRIA OF LAND C:IChhEYED T4} THE CITY of oFtA LG4:KA, FLOR. A, IN WARRANTY DEC:, ItECORL)
1ECEMBER 'a. 1991 IN OFFICIAL RECORDS BON 15313. PAGE 5753, OF THE PUBLIC RECORDS OF MIA I--DA.CE
:•C .1VTY, FLCRI'1' A,
. ARCEL
PARCEL I:
k. PORTION OF TI -1E SOUTH I/9 OF THE NORTHEAST 1/4 CF SECTION 214, Tt7'h tSNIP 52' SOUTH, `tANGE 41 EAST,
IIA' 1 —DALE 'E;U"TY, FLORIDA, BEING PARTICULARLY QESCR.UE:3 A$ FOLLOWS
:DM.V-10E AT THE CENTER OF SECTION 29, TT*NSh1IP 2 StluTH, RANCE 41 EAST. F4IADAI—OA]E COUNTY.
'LORI At THENCE FiLJ NORM 86'47'03 EAST ALONG THE SOUTH 3CUNCARY OF THE NORTHEAST 1/4 CF SAID
Et.110N 79 FOR A ,.3STANCE or 11a',`i11 PEE TO THE POINT OF 3EGIH\ING '.:F THE PARCEL OF LAN')
IEBEINAFTER 0 EE DESCRIBED: THENCE L.JN NOR1H 0,-VO 2" f!.ST F'cIR A DISTANCE OF 121o.00 FEET TO A
'•OI' T OF' INTERSECTION WITH A LINE THAT IS PARALLEL TO 111E SOUTH BOVNDARY OF THE NORTHEAST 1/4 OF
AID SECTION, 29; THENCE 1RUN NORT•1 @6'47'03" EAST ALONG THE LAST DESCRIBED LINE FOR A DISTANCE CF
31.43 FEET TO THE POINT OF INTERSECTION '.41'1'11 THE ARC OF A v.:ltv!E, CONCAVE TO THE SOUTHEAST. NAVIN',
, RADIUS Of 536,1„84 FEET, SAID CJIIVE Elh:c THE NCH't-WESTERLY I;IE}HT—OF—'wAy I3OLIN1)ARY CF THE LE
...NE —DOUGLAS EXPRESSWAY AND N.W. 1191H STREET EXPRESSWAY, ACCORDING TO 11€ R CHT CP-='W► Y VA;71
IECOROED IN PLAT BOOK 77, AT PAGE 96, CF THE PUBLIC RECORDS CF 1,iPANI—DACE COUNTY, FLORIDA, SAID
'CJNT I3EAItING NOJ' TII 7''17'x,2.4" 'A'EST FRO%t THE CENTER OF SAID CURVE; THENCE SUN SOUTHWESTERLY
.LONG THE AR : GF SAID CURVE, THROUGH A i;Ehfl1 AL ANL'LE OF 1.1`.5'31 .1" FoR A 1.)IST4M(:E OF 1'l�y+a.tt4
ttT TV THE 'POINT OF INTERSECTION \ITH THE SOUTH 9O.JNDARY OF THE NORTHEAST'/4 OF SAID SECTION 2'±
IMO P NT BEAFlNO NORTH 84'42'34' *EST FROM THE CENTER OF THE AFORESAID CURVE; THENCE RYN SOUTH
16'47'03" 1,4EST ALONG 111E LAST DESCRIBED LINE FOR A DISTANCE OF 206.39 FEET TD THE POINT OF
IEGINNING, LEGS AND FXCEFT THE i1E ,T 10 FEET THEREOF_
PARCEL 11:
,SON —EXCLUSIVE EA VENT FOP INGRESS kV() EGRESS
':TOPER Y;
CT 7. IN BLOCK 1, OF "LE JE1:NE INDUSTRIAL PARK",
JOCK 100, AT PAGE 5', OF THE P.,BLIC RECORDS OF
"i'i'TRUMENT FILE() IN OFFICIAL RECCtRfS 50.o t t t076,
1G.Fi!'-.I.G1. 1.?vrni s Ar._ri • ,i ladnr •.Ann
RUNNING OVER AND ACROSS THE FOLLOWING CESCR fF.
ACCORDING TO THE PLAT THEREOF, REGORGED 114 PLAT
VIAMI—DADE COUNTY, FLOE DA, AS SET OuT IN
AT PAGE 601. AS AMENDED BY INSTRUMENT FILED IN
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 GPT NW 42nd Avenue Owner II LLC & GPT NW 42nd Avenue
Owner III LLC as approved by the City of Opa-Locka City Commission pursuant to
Resolution No. , passed and adopted on
, 2022 (the "Development Agreement").
3. Provide a list of development permits for vertical construction issued by the City during
the Reporting Period.
4. Provide a list of certificates of occupancy within the project that have been issued by the
City during the Reporting Period.
5. Describe compliance with Paragraph 9 (Development Conditions (a) -(k)) of the
Development Agreement during the Reporting Period.
6. Provide a statement confirming that all persons have been sent copies of the annual report
in conformance with Section 22 of the Development Agreement.
Document comparison by Workshare Compare on Friday, July 22, 2022
11:49:45 AM
Input:
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iManage://HKDMS/Active/156884008/4
Description
#156884008v4<Active> - Link / Development Agreement
Document 2 ID
iManage://HKDMS/Active/156884008/6
Description
#156884008v6<Active> - Link / Development Agreement
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