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HomeMy Public PortalAbout12-8470 El Presidente #28 Supermarket Sponsored by: City Manager Resolution No. 12-8470 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DEVELOPER'S AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND EL PRESIDENTE #28 SUPERMARKET FOR THE PROPERTY LOCATED AT 2121 N.W. 135TH STREET,OPA- LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 4.16 of the City's Land Development Code requires all new development, with the exception of single-family home construction and duplex construction, to enter into a Developer's Agreement; and WHEREAS, in accordance with Section 163.3225, F.S, the adoption of a Development Agreement of this nature requires two public hearings; and WHEREAS, at a duly noticed public hearing held on September 04, 2012, the City's Planning Council considered the Development Agreement; and WHEREAS,at a duly noticed public hearing held on October 10,2012,the Opa-locka City Commission considered the Development; and WHEREAS, the City Commission of the City of Opa-locka, pursuant to Resolution No. 5058 hereby authorizes the City Manager to execute the Developer's Agreement with Presidente Supermarket owner and Developer, in substantially the form attached hereto. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby approves the Developer's Agreement as required,in order to issue the buildings permit. Specifically,section 4.16 Resolution No. 12-8470 of the Land Development Code requires the applicant/developer and property owner to agree to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements,required by any government agency,having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant,i.e.,water and sewer, sidewalks,roads,turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the city commission to verify on-going compliance with regulations. 5. Owner(s) commitment to employ no less than 20% of the store employees or 16, whichever is greater, from residents in Opa-locka. 6. Additionally,the owner(s)agree to donate$20,000 to the City's park and recreation fund. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of October, 2012. 4J / IMY '• TAYLOR MAYOR • ttest to: . 1 0 )1(.41, ioanna Flores Interim City Clerk Resolution No. 12-8470 Approved as fo nd legal s , 1,•-ncy: I,A A I _ 1I Jos- 1 � 'ler tww� Ci Atto!ey Moved by: COMMISSIONER H e LMES Seconded by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES QP-I-ock4 O 6/ O1 City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: October 10, 2012 (EnterXin box) X Yes No Ordinance Reading: 1st Reading 2nd Reading Fiscal Impact: (Enter x in box) X N/A (EnterXin box) X Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No N/A N/A (Enter X in box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: N/A (EnterXin box) X Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational 0 N/A Strategic Plan Related Bus.&Economic Dev • (EnterXin box) X Public Safety Quality of Education l� Qual.of Life&City Image 0 Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: Developer's Agreement between the City of Opa-locka and Presidente Supermarket for property located at 2121 N.W. 135th Street,Opa-locka, FL bearing Folio No.08-2122-013-0070 for the purposes of constructing a supermarket Staff Summary: Section 4.16 of the City's Land Development Code requires all new development,except for single-family home and duplex construction,to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build-out.The process is simple:the City of Opa-locka agrees to pre-approve a development schedule and program in exchange for developer-provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two(2)public hearings. At the option of the local government,one of the required public hearings may be held by the local planning agency. Under section 17-17 of the Opa-locka city code,the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held September 4,2012.At this meeting,the Planning Council recommended approval of the project.The second public hearing is scheduled for September 26,2012. This hearing must be held before the City Commission. The property owner/developer has a pending final site plan that will also be heard on September 26, 2012. In accordance with City Ordinance 86-6,once the City Commission approves the final site plan,a developer's agreement(see attached) is required prior to the issuance of a building permit.Specifically,section 4.16 of the Land Development Code requires the applicant/developer and property owner to agree to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements, required by any government agency, having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant,i.e.water and sewer,sidewalks, roads,turn lanes,etc.,shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verity on-going compliance with all regulations. Also included in the attached developer's agreement is the owner's commitment to employing no less than 20%of the store's employees,or 16 persons,whichever is greater,from the City of Opa-locka. In addition,the store owner has agreed to donate$20,000 to a park and recreation fund to be used for deficiencies in the Park and Recreation Department. Proposed Action: Staff recommends approval Evaluation: There are no immediate financial impacts associated with executing this agreement; however,once site and building improvements are completed,the City will realize enhanced tax revenues,franchise fees,impact fees,and 30%of all building permit fees. We estimate this project to generate approximately$116,604 within FY 2013. Attachments: City Ordinance 86-8 sec.4.16 Preliminary Revenue Snapshot Resolution No.5058 Proposed Developer's Agreement OPp Locke ' *,4. i t OA 1,b•/�%' °4.7.-----',. t0 Memorandum TO: Myra L.Taylor, Mayor Dorothy Johnson, Vice Mayor Tim!EEL °ossiner Rosiser Gail r FROM: Kelvin L. Baker, Sr., City Manage DATE: September 5, 2012 RE: Developer's Agreement between the City of Opa-locka ("the City"), Presidente Supermarket No. 28, Inc., a Florida Corporation, Pedro Rodriguez, and Ana Rodriguez regarding the Presidente Supermarket at 2121 N.W. 135th Street, Opa-locka, Florida. Request: To authorize the City Manager to sign and execute a developer's agreement with the above-named entities pursuant to City Ordinance No. 86-8 entitled the Land Development Code for property located at 2121 N. W. 135th Street, Opa-locka, FL bearing Folio No. 08-2122-013-0070. Description: Section 4.16 of the City's Land Development Code requires all new development, except for single- family home and duplex construction, to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build-out. The process is simple: the City of Opa-locka agrees to pre-approve a development schedule and program in exchange for developer-provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two (2) public hearings. At the option of the local government, one of the required public hearings may be held by the local planning agency. Under section 17-17 of the Opa- locka city code, the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held September 4, 2012. At this meeting, the Planning Council recommended approval of the project.The second public hearing is scheduled for September 26, 2012. This hearing must be held before the City Commission. The property owner/developer has a pending final site plan that will also be heard on September 26, 2012. In accordance with City Ordinance 86-6, once the City Commission approves the final site plan, a developer's agreement (see attached) is required prior to the issuance of a building permit. Specifically, section 4.16 of the Land Development Code requires the applicant/developer and property owner to agree to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements required by any government agency having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant, i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verity on-going compliance with all regulations. Also included in the attached developer's agreement is the owner's commitment to employing no less than 20%of the store's employees, or 16 persons, whichever is greater, from the City of Opa-locka. In addition, the store owner has agreed to donate $20,000 to a park and recreation fund to be used for deficiencies in the Park and Recreation Department. Financial Impact: There are no immediate financial impacts associated with executing this agreement; however, once site and building improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact fees, and 30%of all building permit fees. We estimate this project to generate approximately $116,604. Implementation Time Line: Immediately Legislative History: Ordinance No 86-8 sec. 4.16 Recommendation(s): Staff recommends approval Attachment(s): City Ordinance 86-8 sec. 4.16 Preliminary Revenue Snapshot Resolution No. 5058 Proposed Developer's Agreement Prepared By: Howard W. Brown,Jr. Com nity Development Direc Gerald Lee, City Planner( FY 2012-2013 REVENUE SNAPSHOT EL PRESIDENTE SUPERMARKET 2121 NW 135TH STREET OPA-LOCKA, FLORIDA 33054 Sq. ft/ Category Tax/Fee Millage Rate FY 13 FY 14 FY 15 Impact Fees Parks 0.722 29,512 $ - Public Safety 0.116 29,512 $ 3,423.39 Road/Drainage Impact Fee 0.454 29,512 $ 13,398.45 Total Impact Fees $ 16,821.84 Franchise Fees Florida Power and Light $11,000 12 X.059 $ 7,788.00 $7,788.00 $7,788.00 Telecommunications 3600 X.0572 $ 205.92 $205.92 $205.92 Occupational Tax Certificates $ 525.00 $525.00 $525.00 Waste Management $ 2,626.32 $2,626.32 $2,626.32 Stormwater Utility Fees $1,065 $1,065 $1,065 Water and Sewer Fees $ 10,414.32 $10,414.32 $10,414.32 Total Franchise Fees $ 22,624.56 $22,624.56 $22,624.56 Permit Fees Builiding Permit Fees* 29,513 $24,900 0.00 0.00 Site (paving and drainage) $ 4,800.00 0.00 0.00 Total Pemit Fees $ 29,700.00 0.00 0.00 Ad Valorem Taxes 3,000,000 9.1526/1000 $ 27,457.80 $27,457.80 $27,457.80 Total Taxes $ 27,457.80 $27,457.80 $27,457.80 Miscellaneous **Park and Recreation Fee (One-Time) $20,000 Total Miscellaneous Fee $20,000 $20,000 Grand Total 116,604.20 50,082.36 50,082.36 Date:June 15,2012 Prepared By:Community Development Department Source:City Ordinance,Miami-Dade County Property Appraiser *City retains only 30%of Building Permit Fees also includes electrical,mechanical,and plumbing permit fees **Voluntary contribution for Parks and Recreation made by Developer THE ABOVE FEES ARE ESTIMATES AND ARE TO BE USED FOR PLANNING PURPOSES ONLY 4.16. GENERAL PROVISIONS FOR SUBMITTAL OF DEVELOPER AGREEMENTS Simultaneous with an application for a development order or building permit(excluding 1- single family or 1-duplex structure), the applicant shall submit a properly executed application for administrative review in the form set forth by the City's staff and pay the appropriated review fees as set forth by resolution adopted by the City Commission. A. The applicant shall include with the request for administrative review a signed copy of the following statement with the application: An acceptable Developer Agreement pursuant to Florida Statute 163.3220 shall be signed by the applicant and adopted by the City Commission prior to receiving a building permit. The agreement shall include provisions in addition to the requirements of Florida Statutes to guarantee,but not be limited to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service(L.O.S.)prior to receiving a Certificate of Occupancy. 2. All public improvements required by a government agency or voluntarily proposed by the applicant to be installed by the applicant; i.e. water and sewer, sidewalks, roads, turn lanes, etc. shall either be constructed in accordance with applicable governmental regulations prior to a Certificate of Occupancy or the City shall receive an acceptable guarantee such as a cash bond or letter of credit. 3. The applicant agrees to abide by and not deviate from the terms of its graphic and verbal presentation submitted to the City Commission in order to receive a Development Order. Such items include,but are not specifically limited to; A. Design of all physical structures,water bodies,private and public improvements. B. The color and dimensional characteristics of all building materials. 4. The applicant guarantees to preserve and maintain all buildings and structures consistent with the original development order for the entire period in which the applicant owns the land or controls 51% ownership of the property. 5. The applicant shall submit annual reports and additional documentation as required by the City Commission in its development order to verify "on-going" compliance with its development order. 6. Subsequent to receiving a development order the design of all structures, materials and colors included in the applicant's documentation shall not e physically altered or substituted. The burden shall be on the applicant to prove that the material or color is no longer available. 7. A schedule of construction phasing,if applicable. 8. Any service impact mitigation measures to which the applicant has committed. 54.1 A requirement that the applicant,his successors or assigns,shall comply with the requirements of the final development order. 9. An agreement to provide necessary public improvement bonds, legal agreements, etc. 10. An agreement to allow the City to enter the property and inspect said property for compliance with the other pertinent provisions of the Developer Agreement. 11. Compliance with Resolution No.5058,the Fair Share Agreement Resolution. B. A Developer Agreement which the applicant has submitted as a condition of receiving final development order shall be recorded by the City in the public records of Dade County at the expense of the applicant and by declaration of restrictions executed by all parties having an interest in, or lien on the land, and running with the land prior to receiving the first building permit. (Ordinance No.90-18,adopted October 14,1990) 54.2 03/31/2063 23:87 3059532034 �+•+ •�••+••+ moorpriop w0. 4064 mworTMO CIlr OF 014-1430101, solICETLIa TOO COMCON C1 A SAISMOINMEICO fats SOME Amt FOR MS can ONIONNIV Or lei OISIONOIO *D Moons vm ALL INIONOS 201WIES *L"" V 3 SWOON kinia 1111212111 IOW Marlies min= 1111 CZZf Or CIA-?ACRA. • mesas, the City of ape-loalle is interested in addressing the issue of eo080wic inequality within the City and proposes to effectively address this prakiee using its legislative power to support written agreesaate between the city and business entities natively engaged and/or desiring to do business within the City of Opa-lookat and Widelall, the City Cewaissioa of the City of ope-looks wishes to establish the following seals thrsegh the above mentioned agreements x. Aareecive affissative action progress • 2. atroalle hiring and prom poiioieo for Cps■1,00heas n sority . 3. see dsvelsgo st of a resident end weeder resource bah of contractors end ether ios Lihto the City. 4. fired by swdlMSps 4. Ie0leass pee tion and r+apssseatation of Cps-lease 11s 41nMe GO aoayo�ats boards with businesses eatiwxr �gefl city r esiring to do besisMi with the 5. �lpgsan�Ave geneses businesses within the ty ad ope•locta tombs coatxibutiace to charitable organisation and arum. UMW, the City shall require entities interested in doing business within the City of Opalacka to movies . a complete profile of their operational and 14Hs, all profiles are to be admitted according to the guidelines established by the City; and • 93/31/2993 23:97 395983293/ CITY COMM CITY MBE 96 - • MOM i. the City Manager shall -,4 wired to prepare a semi-amoral report as to the effeativeaess of the tartiaipetion lair Phase agreement preemie. NOW, fWWWWPDE1, the'CiTT COMIItuxOP or PRE cm or OPA-LOCEA, maim, hereby resolves that' 'option 1. That st doss boo* support the concept of a lair Core Agreement program. Section 2. That said !air liars Agreeaset shall be lielamemtede by aoee, as apart City's overall procur inapt p or he Section 1• i have said esdiaaass ppreparedd lordrseiewtw to by the City Card so. PASSED and AOOR!/p this '?" say of , 1888. IAMB P . anIV1 Q7e10>S=10fac 4-0 Castiodamor Aliens damdasimm UAW: Vim Syr h Millers les DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA,FLORIDA,AND PEDRO O.RODRIGUEZ AND ANA RODRIGUEZ AND PRESIDENT SUPERMARKET NO: 28,INC REGARDING THE NEW PRESIDENTE SUPERMARKET AT 2121 N.W. 135TR STREET,OPA- LOCKA,FL 33056 THIS DEVELOPMENT AGREEMENT("Agreement")is made and entered into this Z L day of I-. ,2012 ("Execution Date")by and between President Supermarket No.28,Inc., a Florida Corporation, (Developer)and Pedro O.Rodriguez and Ana Rodriguez,his wife ("Owners"),and the City of Opa-Locka,Florida, a municipal corporation and a political subdivision of the State of Florida(the"City"). WITNESSETH: WHEREAS,the Owners are the fee simple owners of approximately 1.47 net acres of land located at 2121 NW 135'Street,Opa-Locka,FL, 33056,within the municipal boundaries of the City and identified by Miami-Dade County Tax Folio No. 08-2122-013-0070(the"Property"), the legal description of which is attached hereto and made a part hereof as Exhibit"A";and WHEREAS, Developer is the lessee of said property;and WHEREAS,the City's Commission adopted Resolution Number approving a Master Site Plan for a 22,415 s.f supermarket and 70 new parking spaces located on the property based in part upon the representations made by Mr.Gustavo Ramos as the Developer's Architect,in support of the Resolution and, WHEREAS,according to Section 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 assurance to a developer 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 fmancing,assists in assuring there are adequate capital facilities for the development,encourages private participation in comprehensive planning and reduces the economic cost of development,and WHEREAS,the Developer and Owners 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 Page 1 of 14 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 below,and the Managing Members and Board of Directors of the Developer/Owners or their parent or controlling entities have authorized the Developer/Owners to execute this Agreement upon the terms and conditions set forth below; and NOW,THEREFORE,in consideration of the conditions,covenants and mutual promises herein set forth,the Developer/Owners and City agrees to as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. (a) "Additional Term"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 Developers/Owners. (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) "Developer"means the persons or entities undertaking the development of the Property,defined in the preamble to this Agreement as President Supermarket No: 28,Inc,and/or any of their 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. Page 2 of 14 (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 which is thirty days after this Agreement is recorded with the clerk of the circuit court in and for Miami-Dade County. (I) "Entire Term"is the total term of this Agreement,combining the Initial Term (seventy five(75)years)and the Additional Term, as defined herein. (j) "Execution Date" is the date that all parties have affixed their signature to this Agreement. (k) "Existing Zoning"is(a)all entitlements associated with the City's approval of the President Supermarket 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) "President Supermarket Master City Plan"is the Final Site Plan approved by the City Commission via Resolution No. for a 22,415 s.f., supermarket with 70 parking spaces to be located at the Property. (m) "Governing body" means the City of Opa-Locka's City Commission or successor entity. (n) "Initial Term"is seventy five(75)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 the Effective Date. (q) "Laws"means all ordinances,resolutions,regulations,comprehensive plans, Page 3 of 14 Land Development Regulations,and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the Resolution. . Owner means Pedro O. Rodriguez and Ana Rodriguez, his wife, the fee simple title holders of the Property. (s) "Project is the President Supermarket as described by the President Supermarket Master City Plan as a 22,415 square foot supermarket. (t) "Property"means the approximately 1.47 net acres of land located at 2121 NW 135th Street within the municipal boundaries of the City and identified by the Miami-Dade County Tax Folio No. 08-2122-013-0070, the legal descriptions 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 recreations, and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. (v) "Resolution"means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number approving the President Supermarket Master Plan for 22,415 s.f.supermarket with 70 parking spaces. 4. Intent. It is the intent of the Owner and Developers 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 section 4.16 of the City of Opa-Locka's Unified 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 Developer or the Owners,the Agreement with the clerk of the circuit court of 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 Developer and Owners 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 Developer and the Owners) and all persons claiming under it for an Initial Term of seventy- Page 4 of 14 five(75) years from the Effective Date, and may be extended for one or more Additional Terms(s)thereafter by mutual consent of the parties subject to a public hearing pursuant to Section 163.3225, F.S. Consent to any extension of this Agreement requires 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. Expiration of Agreement. The expiration or termination of this Agreement, for whatever reason,shall not be considered a waiver of, or limitation upon,the rights, including, but not limited to, any claims of vested rights or equitable estoppels, obtained or held by the Developer or Owners or their successors or assigns to in compliance with this Agreement and all prior and subsequent development permits or development orders granted by the City,including,but not limited to,those rights granted under the City of Opa-Locka's Comprehensive Plan. 8. Development Conditions. The Developer and Owners agree 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. (b) All Public Facility Improvements required by the City, by Miami-Dade County, Florida, or voluntarily proposed by the Developer or Owners to be installed by Developer or Owners shall either(1)be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project; or(b)shall be guaranteed to the City by a cash bond or letter of credit. © Developer and Owners 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 ofthe President Supermarket Master Site Plan. 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. Developer agrees to construct at its sole expense a supermarket within the development. Page5of 14 4. Developer agrees that the development project will hire a security service to patrol and monitor the development. 5. Developer agrees that it will plant and maintain landscaping along the public right of way abutting the project. (d) Developer and Owners guarantee that the Project,will not need any variances and will meet all zoning requirements,including providing more than 20%of the landscape areas. (e) Developer and Owners guarantee to preserve and maintain all building and structures consistent with the President Supermarket Master Plan for the entire period in which the Developer and Owners own the land or control 51% ownership of the Property. (f) Developer and Owners shall submit annual report and additional documentation as required by the Resolution to verify continuing compliance with the Resolution. (g) Developer and Owners will not physically alter or substitute the design of structures,materials and colors included in the President Supermarket Master Site Plan except as approved by the City. In the event that the building materials or colors are no longer available,the burden shall be on Developer and Owners to proved that said materials or colors are in fact unavailable. (h) Developer and Owners agree that the city may enter onto the Property to confirm compliance with the terms of this Agreement. (I) Developer and Owners agree to comply with City of Opa-Locka Resolution Number 5058 (the Fair Share Agreement Resolution). (j) Developer and Owners will utilize all best efforts to employ no less than twenty percent(20%)of its employees(or 16 employees,whichever is great) from the Great City of Opa-Locka. (k) Developer and Owners agree that upon approval and execution of this Development Agreement by the Great City of Opa-Locka,it shall donate the sum of Twenty Thousand and No/100($20,000.00 Dollars payable to City of Opa-Locka Parks and Recreation Fund for the purpose of improving the City's parks for its employees and customers. 9. Development Permits. 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 Developer and Owners to develop the Project: Page 6 of 14 (a) Site plan approvals: (b) Modifications to existing approvals and permits, including the President Supermarket Master Site Plan; D Water, sewer,paving and drainage permits; (d) Building permits; (e) Sign permits; (I) 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 land. 10. Public Services and Facilities:Concurrency. The City and the Developer and Owners anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida, Miami-Dade County, the City, and/or as contemplated in President Supermarket Master Site Plan. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan,specifically including but not limited to,those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency,the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property as permitted by law. All development orders or permits sought to be issued for the Project pursuant to this Agreement are hereby found to meet concurrency standards set forth in the Comprehensive Plan (concurrency regulations)and to be consistent with Land Development Regulations, so long as the Developer and Owners constructs the Property in substantial compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. Developer and Owners 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 Developer and Owners from the requirement to pay impact fees and assessments. 11. Consistency with Comprehensive Plan. The City hereby finds and declares that the Project complies with the Laws, ordinances,regulations and policies of the City of Opa-Locka, and is consistent with the City's Laws,Comprehensive Plant and Land Development Regulations. Page 7 of 14 12. Reservation of Development Rights. For the Entire Term of this Agreement, the City hereby agrees that it shall permit the development of the Property with 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. 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. Development of the Property with the Project shall not be subject to any future changes to the Laws of the City of Opa-Locka, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement. The City may apply subsequently adopted laws or policies to the Property only as permitted or required by the Act or other applicable regulations. 13. 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. 14. Necessity of Complying with Local Regulations Relative to Development Permits. This Agreement is not and shall not be construed as a development permit or authorization to commence development. The Developer and Owners 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 Developer and Owners of the necessity to comply 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 Developer and Owners 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. 15. Good Fath: Further Assurance. 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 now ay be deemed to inhibit,restrict, or require the exercise of the City's police power or action of the City when acting in a quasi-judicial capacity. Page 8 of 14 16. 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 mail or registered mail,return receipt requested,in a postage prepaid envelope and addressed as follows: If to the City at: City of Manager City of Opa-Locka 780 Fisherman Street Fourth Floor Opa-Locka,Florida 33054 With a copy to: Joseph Geller,Esq. City Attorney Greenspoon Marder,P A 100 W Cypress Creek Road Suite 700 Fort Lauderdale,Florida 33309 If to the Developer/Owners to: Antonio G. Acosta AGC&Associates 10305 NW 41 Street, Ste. 115 Doral,Florida 33178 With a copy to: Gaston R.Alvarez,Esq. Gables International Plaza 2655 S.Le Jeune Road Suite PH 1-C Coral Gables,Florida 33134 17. Governing Laws.Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Developer and 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 sections and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a apart 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. 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 Page 9 of 14 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 Developer, Owners and the City. Neither party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto. 20. Indemnification. The Developer and 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. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. (SIGNATURES ON PAGES TO FOLLOWS) Page 10 of 14 CITY CITY OF OPA-LOCKA,FLORIDA By: City Manager ATTEST: City Clerk 1 Dated: day of ,20121 Approved for form and legal sufficiency: City Attorney: Page 11 of 14 DEVELOPER WITNESS: PRESIDENT SUPERMARKET NO 28, INC. By Adfi Signature 4r0111111: e . Rodriguez 'FAu ',.ry V4jtL Ti : PIZ&c.e 6,140 r Print Name sitvi apfe zie B 6-779 e5rleAD109- Print Name; Dated this 2 C. day of S.14—e , 2012. STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregoing instrument acknowledged before me this 34 day of %e9 Lai;pier- , 2012,by J o 3e L. `74,--1;u ft._ as -Or e co e of President Supermarket No.28, Inc..,who is personally know to me or has produced as identification,and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes state herein. Notary Public, State of Florida at Large Print Name My Commission Expires: A USTO ALVAREZ JtFjø 'AU1SSEOli#E.E.32147 Apnl 4Irciat.'4'kt ''Stvpsi Gi,20itS MY COMMlbSi $EFi82147 Apre 0i,2016 Page 12 of 14 OWNERS WITNESS: Signature s I RO O. RODRIGUEZ FAA./3 +47t"t---- Print Name ale‘ IrdP4144fr#15 e* ".-"`"A-1 ANA RODRIGUEZ Sigoae Print Name: Dated this 2G day of Se14-ew,bir ,2012. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument acknowledged before me this 24 day of Se.IP+t w 4v', 2012, by Pedro O. Rodriguez and Ana Rodriguez, who are personally know to me or have produced as identification,and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes state herein. Notary Public, State of Florida at Large Print Name, My Commission Expires: + FAUST()ALVAREZ MY COMMISSION/EE182147 '179 EXPIRES:April 01,2016 Y:\Agreements 2012\PresidentDevelopment Agreement-09-20-12.wpd Page 13 of 14 EXffiBIT"A" Lots, 1,2,3 and 4,Block 307,of OPA-LOCKA HEIGHTS, according to the Plat thereof,as recorded in Plat Book 45,at Page 23,of the Public Records of Miami-Dade County,Florida. Page 14 of 14 /G1 QQ. Q �p (c7. c7 00.-- 9c4 �fJ�J1�Ce QJI dALe L LUJA 4 t \0 ■ Joanna Flores, CMC (305)953-2800 Interim City Clerk % i "1 ro Fax (305)953-2834 ooQp gip,9 Email:jflores @opalockafl.gov pRAS October 01, 2012 Dear Property Owner: YOU ARE HEREBY NOTIFIED that the City Commission of the City of Opa-locka will conduct Public Hearings on Wednesday, October 10, 2012 at 7:00 p.m. at the Opa-locka Municipal Complex, 780 Fisherman Street, 2nd Floor, Opa-locka, Florida to consider the following: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA, TO APPROVE APPLICANT'S FINAL SITE PLAN REQUEST TO CONSTRUCT A SUPERMARKET AT 2121 NW 135TH STREET, OPA-LOCKA, FLORIDA, FOLIO NO. 08- 2121-013-0070,ENCOMPASSING APPROXIMATELY 63,870 SQUARE FEET;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPALOCKA, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT CONCERNING A SUPERMARKET DEVELOPMENT CONSISTING OF 1.47±ACRES LOCATED AT 2121 NW 135th STREET, OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT: Antonio G. Acosta, Gustavo Ramos, and the Property Owner Pedro O. & Ana W. Rodriguez. PROJECT NAME: Presidente Supermarket LOCATION: The subject property is located at 2121 NW 135th Street, Opa-locka, Florida SIZE OF PROPERTY: 1.47+Acres PRESENT ZONING: B-2 (Commercial Liberal) REQUEST: Antonio G. Acosta, Gustavo Ramos, and Pedro O. & Ana W. Rodriguez., owners and applicants are requesting approval of a development agreement in conjunction with a pending application for approval of a retail supermarket development. Pursuant to the development agreement, the property shall be developed as a supermarket as permitted in the Comprehensive Plan and the Land Development Regulations. A copy of the proposed agreement can be obtained at City Hall located at 780 Fisherman Street, 4th Floor, Opa-locka, Florida. LEGAL DESCRIPTION: LOTS 1, 2, 3, & 4, BLOCK 307 OF "Opa-locka Heights" according to the Plat thereof as recorded in Plat Book 45, Page 23 of the Public Records of Miami-Dade County, Florida City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND THIS MEETING AND WILL BE HEARD WITH RESPECT TO THE PUBLIC HEARING. For further information regarding this matter,please the Office of the City Clerk @ (305) 953-2800. PURSUANT TO FS 286.0105:Any person who desires to appeal any decision made by any board, agency or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,andfor that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sincerely, Joanna Flores, C MC Interim City Clerk 2 Pedro Rodriguez Brandy Johnson Sonia Lee Edwards Dupree 2121 NW 135th Street 2020 NW 135th Street 2100 NW 135th Street Opa-locka, FL 33054 Miami, FL 33167 Miami, FL 33167 Sahara Properties Andrea J Randall Alfonso Espinoza 1450 Madruga Ave#209 2040 NW 135th Street 2120 NW 135th Street Coral Gables, FL 33146 Miami, FL 33167 Miami, FL 33167 TMD Holdings, LLC Margarita Santana Wells Fargo Bank 1075 Hialeah Drive 2001 NW 134th Street c/o American Home Mtg. Serv. Hialeah, FL 33010 Miami, FL 33167 6501 Irvine Center Drive Irvine, CA 92618 Viergella Pierrette Opa-locka Petroleum Developers Eugene D. Smith , 2200 S Dixie Hwy#601 2015 NW 134th Street 2140 NW 135 Street Miami, FL 33133 Miami, FL 33167 Miami, FL 33167 Peter& Sherman Padowitz Gino Borrell &Mercedes Lescaille Dorothea G Nichson 7899 NE Bayshore CT &Miriam Garrido th Unit 6A 2025 NW 134th Street 2150 NW 135 Street Miami, FL 33138 Miami, FL 33167 Miami, FL 33167 Aimes Management Group LLC Ma Alameda Lerem Gerald Dorothea G Nichson Hernandez 1 NW 89 Street NW 134th Street 2190 NW 135th Street Miami, FL 33150 Miami, FL 33167 Miami, FL 33167 Randolph K Mallen Wallace Boota Bernard Honorat 2310 NW 102 Terrace 13340 NW 21 Ave. 13421 NW 22 Ave. Pembroke Pines, FL 33026 Miami, FL 33167 Miami, FL 33167 2040 Opa-locka Plaza Wendell B Neal Santiago Rincon 16445 Collins Ave. #724 13400 NW 21 Ave. 13415 NW 22 Ave. Miami Beach, FL 33160 Miami, FL 33167 Miami,FL 33167 Marie A Glosy Pompee Samuel Sweeting Patrick Brockett & Marie Rojous 135th 13410 NW 21 Ave. 13401 NW 22 Ave. 2000 NW 135 Street Miami, FL 33167 Miami, FL 33167 Miami, FL 33167 Fred E Bradley Christine Porter 2010 NW 135th Street 13430 NW 21 Ave. Miami, FL 33167 Miami, FL 33167 THE MIAMI HERALD 1 MiamiHerald.com ND SUNDAY,SEPTEMBER 30,2012 I 5ND 411 • il..Tnis CITY OF OPA-LOCKA CITY OF OPA-LOCKA NOTICE OF PUBLIC HEARING NOTICE OF GENERAL AND SPECIAL ELECTIONS TO CONSIDER DEVELOPMENT AGREEMENT NOVEMBER 06,2012 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Opa-Locka, Florida at 780 Fisherman Street,2nd Floor,Opa-Locka,Ronda on Wednesday,October 10,2012 at 7 p.m. NOTICE IS HEREBY GIVEN that a General and Special Election has been called by the to consider the following: Mayor and City Commission of the City of Opa-locka,Florida,pursuant to Resolution RESOLUTION NO.2012- No.12-8434 and Resolution No.12-8456 to be held in and for the City of Opa-locka AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA on Tuesday,November 06,2012 from 7:00 a.m.until 7:00 p.m.,at which time there APPROVING A DEVELOPMENT AGREEMENT CONCERNING A SUPERMARKET shall be submitted to the qualified electors of the City of Opa-locka the following as set DEVELOPMENT CONSISTING OF 1.472 ACRES LOCATED AT 2121 NW 135th STREET; forth in the form of ballot as listed: PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. OFFICIAL GENERAL AND SPECIAL ELECTIONS BALLOT T:Antonio G.Acosta/Gustavo Ramos OPAAND SP SPECIAL ELECTIONS PROJECT NAME:Presidente Supermarket NOVEMBER FLORIDA F RI2 LOCATION:The subject property is located at 2121 NW 135th Street,Opa-Locka,Florida 33054 SIZE OF PROPERTY:1.47±Acres BOLETA OFICIAL DE LAS ELECCIONES GENERALES Y ESPECIALES PRESENT ZONING:B-2(Commercial Liberal) OPA-LOCKA,FLORIDA fiEquESST:Antonio G.Acosta/Gustavo Ramos,Pedro 0.Rodriguez,owners and applicants are requesting approval 6 DE NOVIEMBRE DEL 2012 of a development agreement in conjunction with a pending application for she plan approval to construct a retail BILTEN VDT ORSYEL ELEKSYON JENERAL AK ESPESYAL supermarket.Pursuant to the development agreement,the property shall be developed as a retail supermarket as OPA-LOCKA,FLORID permitted in the Comprehensive Plan and the land Development Regulations.A copy of the proposed agreement can 6 NOVANM 2012 be obtained at City Hall located at 780 Fisherman Street,Opa-Locka,Florida. LEGAL DESCRIPTION: COMMISSIONERS LOTS 1,2,3,&4,BLOCK 307 OF OPA-LOCKA HEIGHTS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT COMISIONADOS BOOK 45,PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. KOMISYONE YO (Vote for no more than Two) 67°eSIT" (Vote por no mas de dos) l (Pa vote pou plis ke de) I Andre Faustin 157 ' t ...t!•A Deborah Sheffield Irby 158 , !-r E. Kelley 159 Gail Gail E.Mi ller 160 Terence K.Pinder 161 r«• r.MM.Dom*.w.+. John Riley 162 c.-..4.,"w,-'7,r"11• . Luis B Santiago 163 °•'� Rose Tydu• 164 o Question 1 „A Shall the old Opa-locka Charter,first adopted in 1955,be replaced in its entirety by a new, —__. ""'." ""' modern,updated Charter,in the form maintained and available in the City Clerk's office? LOCATION MA Propuesta 1 P. Information relating to the subject application is on file and may be examined in the City of Opa-Locka, 4Debera reemplazarse la antigua Carta Constitucional de Opa-locka,aprobada originalmente City Hall,780 Fisherman Street,4th Floor,Opa-Lecka,Florida.AN persons are invited to appear at this meeting or en 1955,en su totalidad por una Carta Constitucional nueva,moderna,actualizada,de la be represented by an agent,or to express their views in writing addressed to the City Clerk,780 Fisherman Street, forma que se mantiene y esta disponible en la oficina del Secretario de la Ciudad? Opa-Locka,Florida,33054.Maps and other data pertaining to this application are available for public inspection during normal business hours in City Hall.My persons wishing to speak at a public hearing should register with the Kestyon 1 City Clerk prior to that item being heard.Inquiries regarding the item maybe directed to Me Department of Planning Eske se pou yo ranplase ansyen Konstitisyon Opa-locka a,kite premye adopte an 1955, and Community Development at(305)953-2868. konpletman ak yon nouvo Konstitisyon moden e ajou,nan tom ke yo konseve e ki disponib nan Pursuant to Section 268.0105,Florida Statutes,N a person decides to appeal any decisions made by the biwo Grefye Vil la? City Commission with respect to any matter considered at such meeting or hearing,they will need a record of the proceedings and,for such purpose,may need to ensure that a verbatim record of the proceedings is made, YES/SI/WI 352 which record includes the testimony and evidence upon which the appeal is to be based.This notice does not NO/NO/NON 353 constitute consent by the City for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor does N authorize challenges or appeals not otherwise allowed by law. The General and Special Elections will be conduncted in accordance with the applicable provisions of the Florida Statutes and the Charter and Code of the City of Opa-locka,Florida. In accordance w8h the Americans with Disabil t es Act,all persons who are disabled and who need special accommodation M participate in this meeting because of that disability should contact the Department of Planning and For further information,please contact the Office of the City Clerk at(305)953-2800. Community Development at(305)953-2868 no later than 24 hours prior to the proceeding. Joanna Flores,CMC heirs Roma,CMC Interim City Clerk Interim City Clerk 18ND I SUNDAY,SEPTEMBER 30,2012 ND MiamiHerald.com I THE MIAMI HERALD ,', PUBLIC NOTICE NEIGHBORS CALENDAR City of Miami Gardens bile Department of Community Development •CALENDAR,FROM 17ND youthleadermiami.org. w.' 1515 N.W.167 Street;Bldg.5,Suite 200 FOOD 8 DINING Miami Gardens,FL 33169 flowers,tropkal fruit smoothies, Beverage Cowes:Bar Education NOTICE OF AMENDMENTS crafts and jewelry.. with tarry Loeser.Join beer expert 9 a.m.Oct.6.Normandy Village Larry Goeser and explore the world HUD Annual Action Plans—(Program Years 2008-09,2009-10&2011-12) Marketplace,900 71st St.,Miami of beer while enjoying a wide Beach.Free.305-531-0038. selection of Castings in every class. NOTICE IS HEREBY GIVEN that Federal regulations governing Community Development themarketcompany.org. Participants will learn about the reg g ng dy opment Block Grant(CDBG)and other U.S.Department Sunset Markalpiace•.The market will history of beer,the brewing process, of Housing and Urban Development programs require that a participating jurisdiction provide citizens with reasonable notice of and an include organic foods,fruits and beer styles,beer and food,German opportunity to comment on the Annual Action Plan(or any amendments made to this document)that will direct the City's use of Community vegetables,soaps,tropical fruit and Belgian beers,and the business Development Block Grant funds.These funds provide programs that benefit low-and moderate-income persons in the City. smoothies,plants and baked foods.. of beer.. 9 a.m.Oct.6.Sunset Place,5701 6 p.m.Oct.5.Miami Culinary This notice formally advises that the 2008-2009,2009-2010 and 2011-2012 Annual Action Plans are being amended as follows: SW 72nd St,.Free.305-531-0038. Institute,415 NE Second Ave.,Down- to re-allocate unexpended 2008-2009 and 2009-2010 program year CDBG funds to fund CDBG Housing Rehabilitation activities themarketcompany.org. town Miami.$40.www.miamidade during Program Year 2011-2012.$164,318.43 of CDBG funds will be re-allocated from CDBG funds previously awarded and University of Miami Green Mrtnt: culinary.com. not contracted,funds that were contracted but the construction work did not commence,and from unspent previously awarded During School Year Wednesday Beverage Courses:VYlne Tastinps:At projects that came in under budget. Market between the locally rownr our r assorted trte topics participants various will s and library featuring locally grown cover assorted topics with various The amendment documents are available for review on the City of Miami Gardens Department of Community Development organ,knits and vegetables,local sommeliers. Website www.miamigardens-fLgov/cd/documents.html and at the location indicated above for(30)thirty days.All comments honey'baked goods,plants,orchids, $40. must be submitted in writing,by 5:00 pm on October 31,2012 to the attention of Daniel A.Rosamond,Assistant City Manager/ �9a food it ems. 6 p.m.Oct.NE Miami Culinary tY 9 9 a.m.Oct.3.University of Miami, Institute,415 NE Second Ave.,Down- Community Development Director,at the address listed above or via email to hudcomment®miamigardens-fl.aov. 1306 Stanford Dr.,University of town Miami.$40.www.miamidade Miami,Riviera.Free.305-531-0038. culinary.com. Pursuant to Florida Statutes 286.0105,the City hereby advises the public that if a person decides to appeal any decision made by themarketcompany.org. Culinary Courses:Bask Cooking this Board,Agency or Commission with respect to any matter considered at its meeting or hearing,he or she will need a record of the Upper Eas slde/La on City Fanners Skills II:Basic Cooking II:This proceedings,and that for such purpose,affected person may need to ensure that a verbatim record of the proceedings is made which Market Features live music,food three-session course will cover record includes the testimony and evidence upon which the appeal is to be based. demos,nutrition education work- sauteing,braising and poaching.A shops plus candles,shoe butter,oils, continuation of Bask cooking Skills I. The City of Miami Gardens Department of Community Development is accessible to the disabled.In accordance with the PrePared foods,plants,fresh pro- $150 Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in duce.Monthly food demos are Session dates:Tuesdays Oct.2- this comment period because of that disability should contact Ronetta Taylor,City Clerk(305)622-8003,not later than 48 hours cog a.m.Oct.by Youth n.. Oct.. prior to the end of the comment period.TDD number 1-800-955-8771.For further information,please contact the Department of 9 a.m. B.Biscayne Legion Park Grppn ti p.m,Oct.5 NE Second Culinary Down- Community Si 6600 786-427-4698.-27-469 Blvd.,Upper Institute,mi.N5 Second Ave.,Down- Community Development at 305-622-8041. East Side.786-427-4698.www.urba- town Miami.$150,wwwmiamidade (Ad#12-0117) noasisprojed.org or culinary.com. • s_ EAcHERS: REGISTER YOUR CLASS .,,., CITY OF OPA-LOCKA,FLORIDA � R THE 20 2- 013 TERM! NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the On Commission of the City of Opa-Locka,Fonda will bald public hearings at Its Regular Commission �e - Meeting an Wednesday,October 10,2012 at 7:00 p.m.at the Ope-Coda Municipal Complex,780 Fisherman Street,2.Floor,Opa-Locks per■ ti s.2 Newspapers: , Florida to consider the following items: SECOND READING/PUBLIC HEARING; Essential in the classroom. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO CLOSE,VACATE OR ABANDON THE ALLEY ADJACENT TO ALADDIN AND FISHERMAN STREETS,CONSISTING OF APPROXIMATELY " The Miami Herald Newsmedia in Education program provides you and .14 ACRES(5973.10 SCI FT),AT THE REQUEST OFRUDG-TOWN CENTER,LLC.,TO ACCOMMODATE FORASENIOR a your students with daily access to The Miami Herald Digital Edition. CmffiIS AFFORDABLE HOUSING DEVELOPMENT;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING Teaching with newspapers helps develop reading and analytical skills. FOR CONFLICT AND REPEALER;PROVIDING FOR CODIFICATION AND SEVERABIJTY;PROVIDING FOR AN T EFFECTIVE DATE(first reading helonSeptembr12,2012)• Complete access to The Miami Herald Digital Newspaper A Available 24 hours a day,anywhere with Internet access A RESOLUTION OF 111E CITY COMMISSION Of THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE APPLICANTS . Subject-specific lessons for ever FINAL SIR PLAN REQUEST TO CONSTRUCT A SUPERMARKET AT 2121 NW 135"STREET,OPA-LOCKA,FLORIDA, every grade level FOUO NO. OB-2121-013-0070, ENCOMPASSING APPROXIMATELY 83,870 SQUARE FEET; PROVIDING FOR ". INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. N rrr AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,APPROVING A ee DEVELOPMENT AGREEMENT CONCERNING A SUPERMARKET DEVELOPMENT CONSISTING OF 1.47:ACRES >•n• bas N E W S s c s LOCATED AT 2121 NW 135°STREET,OPA-LOCKA,FLORIDA;PROVIDING FOR INCORPORATION OF RECITALS. "r` lor r_ E- t' �. t, r w `, :v Viz: PROVIDING FOR AN EFFECTIVE DATE. • Elsdliixmilleralb'al.i:i a`' Additional information on the above items may be obtained In The Office of the City Clerk,780 Fisherman Street 4"Floor,Opa-Locka, > Florida.All interested persons are encouraged to attend Chic meeting and will be heard with respect to the public bearing. REGISTER NOW! PURSUANT TO FS 286.010&Anyone wig desires M appeal any decision made by my bears agency,or commission wdh respect to any matter considered at such meeting or hearing will need a retard of the proceedings,and for that reason,may need to ensure brat a visit �3776- verbatim record of the proceedings is mace,which retard includes the testimony and evidence upon which me appeal maybe based MIT ��Tries —"_ k JOANNA FLORES,CM o,.Ne.mow."ra„�wNaE,a.o-..e.m,arnnaea i�.aron,w,.e,.ae,w�N,,..e wem>mnnw,.awn.«.*n.,,wmin.owwN..ww•,� INTERN*CITY CLERK ,, wtl plmN N alYtk N neolwd-Nio naw+tx Nfew