HomeMy Public PortalAbout14-8825 Magnolia North Apartment for 2070 Lincoln Avenue Sponsored by: City Manager
Resolution No. 14-8825
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING AGREEMENT
BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND
OPA-LOCKA COMMUNITY DEVELOPMENT
CORPORATION WITH MAGNOLIA NORTH
APARTMENT, LLC FOR THE PROPERTY LOCATED AT
2070 LINCOLN AVENUE, FOLIO 08-2122-003-0570;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Opa-locka Community Development Corporation(OLCDC)was granted
a site plan approval to rehabilitate the building located at 2070 Lincoln Avenue (the rehabbed
development); and
WHEREAS,the City Commission approved the site plan and the developer's agreement to
rehabilitate the building located at 2070 Lincoln Avenue; and
WHEREAS, the site plan included development of adequate parking by the inclusion of
properties at 2057 Washington Avenue and 14911 Duval Street; and
WHEREAS, as of July 11, 2014, the Opa-Locka Community Development Corporation
has not acquired 2057 Washington Avenue, nor have they acquired 14911 Duval Street; and
WHEREAS, the rehabbed development was occupied under a temporary Certificate of
Occupancy(CO); and
WHEREAS, the property is required by the Miami —Dade Fire Department to have
permanent parking for the tenants in order to receive a Final Certificate of Occupancy; and
WHEREAS,the City has prepared a Memorandum of Understanding(MOU)to address the
parking requirements for the project with the OLCDC and Magnolia North,LLC,in order to issue a
final CO;
18879978.1
Resolution No. 14-8825
WHEREAS, the OLCDC will be required to construct parking for the Magnolia North,
LLC property during a future phase of development, on one of the two adjacent municipal owned
properties; and
WHEREAS,the MOU also requires OLCDC and Magnolia North,LLC to agree to adhere
to the requirements of Opa-locka Ordinance 14-1, Payment in Lieu of Taxes.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby approves the
Memorandum of Understanding with the OLCDC and Magnolia North,LLC, in substantially the
form attached hereto as Exhibit A.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 23'DAY OF u ,2014.
TAY OR
AYOR
Att t to:
Jo na Flores
City Clerk
Ap roved as t form and le al sufficiency:
J ph . eller
ENS OON MARDER PA
y Attorney
Resolution No. 14-8825
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES
EXHIBIT A
Municipal owned property adjacent to Exhibit A
Municipal owned property across from Exhibit A
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EXHIBIT B
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MEMORANDUM OF UNDERSTANDING (MOU)
between
Opa Locka Community Development Corporation with Magnolia North Apartment LLC
and The City Of Opa-Locka,Florida
PARKING REQUIREMENT AGREEMENT
THIS PARKING (the "Agreement") is made and entered into as of the day of
, 2014, by and between the City of Opa Locka, a Florida municipal
corporation, ("City") and Opa Locka Community Development Corporation.,Florida,non-
profit corporation ("OLCDC"), with Magnolia North Apartment LLC ("Property").
WITNESSETH:
WHEREAS, OLCDC is the owner of the Property (certain parcel of land and
improvements)described on Exhibit"A",more particularly described as 2070 Lincoln Avenue,Opa
Locka, FL 33054 as attached hereto and made a part hereof(the "Property") ;
WHEREAS, the City required that certain parcels of land and improvements described on
Exhibit`B",attached hereto, were to be made a part of the aforementioned property described as
2070 Lincoln Avenue, as the parking area therefore; and
WHEREAS,City Ordinance 86-8,section 4.4,requires adequate parking be provided before
a Certificate of Occupancy is issued; and
WHEREAS,the City has adopted Ordinance 14-01 to require Payment In Lieu of Taxes by
Certain non-profits that operate in the City; and the City therefore requires the OLCDC to agree to
adhere to the requirements of this ordinance; and
WHEREAS,the OLCDC desires the right to receive the Certificate of Occupancy(CO)for
the Property,based on a parking area being developed as part of a future phase of development on an
adjacent parcel; and
WHEREAS,to satisfy the required Parking Area,the City shall require OLCDC to build 17
parking spaces, to be developed as a surface lot or as a part of a future phase of development on an
adjacent parcel, in order to accommodate parking for residents at the Property.
NOW, THEREFORE, in consideration of the mutual promises contained herein and for
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1. Parking Right. City hereby grants to OLCDC and Magnolia North, LLC, and its
respective tenants,the non exclusive temporary right to utilize the Onstreet Parking Area within the
public right-of-way and/or parking on a municipal owned parcel (under a separate agreement),for
GM:11075948:2
Page 2
the purpose of vehicular parking and vehicular ingress and egress related thereto, in order to
accommodate the parking needs of the Property.
2. Agreement to Construct Parking. In exchange for City granting OLCDC the right to
defer constructing the parking at the Property. and OLCDC and Magnolia North, LLC agree to
construct the parking on the property as set forth here.
3. Duration of Parking Agreement. This Parking Agreement shall automatically
terminate one (1)year from date of execution, unless otherwise agreed. At that time OLCDC and
Magnolia North LLC, shall have constructed the necessary parking or be in violation of City Code.
4. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. Venue for any dispute arising out of this
Agreement shall be in Miami-Dade County, Florida.
5. Attorneys'Fees.The prevailing party in any litigation involving this Agreement shall be
entitled to recover from the non-prevailing party all reasonable attorneys' fees,paralegal fees and
costs incurred in connection with such litigation, at arbitration, or appeal or otherwise, including
reasonable attorneys' fees and paralegal fees in the enforcement of any indemnity hereunder
6. Mutual Drafting. Both City and OLCDC with Property shall have their respective
attorney's review this document prior to signing,and therefore the documents shall be considered to
be Mutually Drafted, without drafting being attributed to either party.
7. Indemnity. The OLCDC and the Property hereby agrees,to the extent permitted by
law,to indemnify,protect,save,defend and hold harmless,the City from and against all liabilities,
obligations,claims,damages,judgments,awards,penalties,costs and expenses,which the OLCDC
incurs,suffers or sustains,or for which the OLCDC is obligated or liable by reason of the use of the
Parking Area by the Property's guests, invitees, licensees, and permitees.
8. Notices. All notices and demands hereunder shall be in writing and be served by
personal service or by mailing a copy thereof, by certified mail, postage prepaid, return receipt
requested,to the parties at the addresses set forth on the first page of this Agreement.The addresses
to which notices shall be delivered may be changed from time to time by notice served as herein
provided.
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
[SIGNATURES BEGIN ON NEXT PAGE]
GM:11075948:2
Page 3
CITY OF OPA LOCKA
CITY OF OPA-LOCKA FLORIDA, a
Florida municipal corporation
ATTEST: By:
City Clerk City Manager
Dated: day of , 2014
APPROVED AS TO FORM:
City Attorney
GM:11075948:2
Page 4
WITNESSES:
OPA LOCKA COMMUNITY
(Witness Signature) DEVELOPMENT CORPORATION AND
Print Name: MAGNOLIA NORTH APARTMENT,
LLC., a Florida non profit company
(Witness Signature)
Print Name: By:
Print Name:
Its:
STATE OF FLORIDA
COUNTY OFMIAM DADE
The foregoing instrument was acknowledged before me this_day of ,
2014, by , as of OPA LOCKA COMMUNITY
DEVELOPMENT CORPORATION AND MAGNOLIA NORTH APARTMENT, LLC, a
Florida non profit company, on behalf of the company. She/He is [select one:]
( ) personally known to me;
or
( ) produced a driver's license as identification
Notary Public - (Signature)
Print Name:
My Commission Expires:
GM:11075948:2
City of Opa-locka
Agenda Cover Memo
Commission Meeting July 23, 2014 Item Type: Resolution Ordinance Other
Date: (EnterX in box) X
Yes No Ordinance Reading: 1n Reading 2nd Reading
Fiscal Impact: (EnterX in box)
Public Hearing: Yes No Yes No
X (Enter X in box) X X
Funding Source: (N/A) Advertising Requirement: Yes No
N/A (EnterX in box) X
Contract/P.O. Required: Yes No
(EnterX in box) X RFPIRFQIBid#: N/A
Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Enhance Organizational E::] N/A
Strategic Plan Related Bus. & Economic Dev
(EnterX in box) X Public Safety l�
Quality of Education
Qual. of Life&City Image
Communication D
Sponsor Name City Manager Department: Community Development
Short Title:
Request a Resolution to consider a Memorandum of Understanding Agreement between the City of Opa-locka, Florida and Opa-
locka Community Development Corporation with Magnolia North Apartment, LLC for the property at 2070 Lincoln Avenue,folio 08-
2122-003-0570.
Staff Summary
The City Commission approved the site plan and the developer's agreement to rehabilitate the building at 2070 Lincoln Avenue,
which also includes the parcels at 2057 Washington Avenue and 14911 Duval Street. These parcels were needed to provide 17
parking spaces for this development project. As of July 11, 2014, OLCDC has not acquired 2057 Washington Avenue nor have
they acquired 14911 Duval Street and the rehabbed development was occupied under a temporary certificate of occupancy
(TCO). Based on review by Miami-Dade Fire Department, the property is required to have permanent parking for the tenants to
receive a final Certificate of Occupancy. In light of this issue, the City has prepared a Memorandum of Understanding (MOU)to
address the parking requirements for the project with the OLCDC and Magnolia North, LLC to issue a final CO. The OLCDC will
be required to construct parking for the Magnolia North, LLC property as a future phase of development on one of the two adjacent
municipal owned properties. The MOU would require approval from the City Commission for this agreement to take effect. The
2070 Lincoln Avenue MOU 14-7-23 1
MOU would also require that OLCDC and Magnolia North, LLC to agree to adhere to the requirements of Ordinance 14-1. This
ordinance requires Payment in Lieu of Taxes be paid by Non-Profits to the City despite any qualified tax abatements.
Proposed Action:
Staff recommends approval of this MOU.
Attachments:
1. Ordinance 14-1
2. Draft 2070 Lincoln Avenue Memorandum of Understanding (MOU)
2070 Lincoln Avenue MOU 14-7-23 2
Memorandum
TO: Myra L.Taylor, Mayor
Joseph Kelley,Vice Mayor
Timothy Holmes, Commis ioner
Dorothy Johnson, Commis ion
Luis B. Santiago, Commissi n
FROM: Kelvin L. Baker, Sr., City Man
DATE: July 14,2014
RE: Request a Resolution to Consider a Memorandum of Understanding Agreement between
the City of Opa-locka, Florida and Opa-locka Community Development Corporation with Magnolia
North Apartment, LLC for the property at 2070 Lincoln Avenue,folio 08.2122-003-0570.
Request:
Request a Resolution to Consider a Memorandum of Understanding Agreement between the City of Opa-
locka, Florida and Opa-locka Community Development Corporation with Magnolia North Apartment, LLC
for the property at 2070 Lincoln Avenue, folio 08-2122-003-0570.
Description:
The City Commission approved the site plan and the developer's agreement to rehabilitate the building at
2070 Lincoln Avenue, which also includes the parcels at 2057 Washington Avenue and 14911 Duval
Street. These parcels were needed to provide 17 parking spaces for this development project. As of July
11, 2014, OLCDC has not acquired 2057 Washington Avenue nor have they acquired 14911 Duval Street
and the rehabbed development was occupied under a temporary certificate of occupancy (TCO). Based on
review by Miami-Dade Fire Department, the property is required to have permanent parking for the tenants
to receive a final Certificate of Occupancy. In light of this issue, the City has prepared a Memorandum of
Understanding (MOU) to address the parking requirements for the project with the OLCDC and Magnolia
North, LLC to issue a final CO. The OLCDC will be required to construct parking for the Magnolia North,
LLC property as a future phase of development on one of the two adjacent municipal owned properties.
The MOU would require approval from the City Commission for this agreement to take effect. The MOU
would also require that OLCDC and Magnolia North, LLC to agree to adhere to the requirements of
Ordinance 14-1. This ordinance requires Payment in Lieu of Taxes be paid by Non-Profits to the City
despite any qualified tax abatements.
Financial Impact: There is no financial impact to the City to adopt this resolution.
Implementation Time Line: Immediately
Legislative History:
Ordinance to Vacate a Street-Alley
None
Staff Recommendation:
Staff recommends approval of this Resolution and MOU.
Attachment(s)
1. Ordinance 14-1
2. Draft 2070 Lincoln Avenue Memorandum of Understanding (MOU)
Prepared By: Gerald Lee, Zoning Official
Gregory D. Gay, Community Development Department Director
2
Development Impact Fee Study
Me randum
TO: Mayor and City Commission
FROM: Kelvin L. Baker, Sr., City Mana
DATE: July 15, 2014
RE: 2070 Lincoln Avenue-CO/Parking Requirement Agreement
The Opa-locka Community Development Corporation was granted a site plan approval to
rehabilitate the building at 2070 Lincoln Avenue. This site plan included the development of
adequate parking by the inclusion of the properties at 2057 Washington Avenue, and at 14911
Duval Street. As of July 11, 2014, the CDC has not acquired the properties that they indicated
would be earmarked for parking, and they failed to develop the 17 parking spaces required for this
development. City code requires adequate parking be provided before a certificate of occupancy
is issued. The OLCDC has requested a Certificate of Occupancy for this development.
The City has adopted Ordinance 14-01 to require Payment In Lieu of Taxes be paid by Non-
Profits that operate in the City. This ordinance was adopted after this site plan was approved.
Staff recommends that in deference to the required parking area and in exchange for the CO, the
City shall require:
1. The OLCDC to build 17 parking spaces to be developed as a surface lot or as part of a
future phase of development on an adjacent parcel in order to accommodate parking for
residents at this property;
2. The OLCDC will agree to adhere to the requirements of ordinance 14-01.
3. Temporary parking will be permitted for up to one year in the Onstreet parking area within
the public right-of-way and/or parking on a municipal owned parcel
The attached agreement incorporates the mutual promises between OLCDC and The City
concerning the 2070 Lincoln Avenue development.
END OF MEMORANDUM
" THE GREAT CITY "
a paQ�o�aQ
Kelvin L. Baker,Sr. 305-953-2821
City Manager 305-953-2823
Fax:305-953-2870
July 14th,2014
Mr.Willie Logan,President/CEO
Opa-locks Community Development Corporation
490 Opa-locka Boulevard, Suite 20
Opa-locka,Florida 33054
RE:MOU for Magnolia North LLC Parking
Dear Mr.Logan:
On July 3rd, 2014, Mr. Gregory Gay, Director of Planning & Community Development, held a meeting with Ms.
Stephanie Baldwin and Ms. Marcia Grant, of Opa-locka Community Development Corporation [OLCDC],
representative of Magnolia North, LLC on their request for Certificate of Occupancy [CO]. Also attending the
meeting were Mr.David Chiverton-ACM.
Presently,the project has not met the City's parking requirements per the Developer's Agreement. We discussed the
deficiencies of the parking requirement which were previously submitted and approved. Based on the permitted
plans, approved by the City Commission, an adjacent property was to be acquired to constructed 17 parking spaces.
The property was not acquired and the project was occupied under a temporary certificate of occupancy[TCO].
Based on review by Miami Dade Fire Department,the property is required to have permanent parking for the tenants
to received a final CO. In light of this issue, the City has prepared a memorandum of understanding [MOU] to
address the parking requirements for the project with the OLCDC and Magnolia North,LLC to issue a final CO.The
OLCDC will be required to construct parking for the Magnolia North, LLC property as a future phase of
development on one of the two adjacent municipal owned properties. The MOU would require approval from the
City Commission for this agreement to take effect. The next commission meeting is scheduled for July 23rd, 2014.
City staff is scheduling this item to be heard at this meeting.
We will maintain communication and cooperate with OLCDC and the tenants of Magnolia North, LLC to ensure
that all requirements of the developer's agreement are complied with. We anticipate approval by the City
Commission and receiving a signed MOU on or before Friday, August 1st, 2014. The CO will be issued upon
receipt o e MOU.
Sho d y u h e any questions,please fee ree to contact me or my staff at your convenience.
Sincer
Ivi L. r, r.
a er
f Opa-locka
cc Joseph Geller,City Attorney
David Chiverton,ACM
CITY HALL•3400 NW 135 STREET-BUILDING B,OPA-LOCKA,FLORIDA 33054•(305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE OF THE BASIS OF HANDICAP