HomeMy Public PortalAbout15-8895 To approve a Development Agreement between Frank VegaSponsored by: City Manager
Resolution No. 15 -8895
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA
LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT
BETWEEN FRANK VEGA — FLORIDA INDUSTRIAL PROPERTIES
SIX, AND THE CITY OF OPA -LOCKA TO CONSTRUCT AND
OPERATE A MIXED -USE TRAVEL CENTER WHICH INCLUDES
COMMERCIAL, INDUSTRIAL AND RETAIL USES AT 3325 NW 135TH
STREET, OPA- LOCKA, FOLIO 08- 2121 - 007 -2700; 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, the Development Agreement spells out the terms, specifications, obligations
and other requirements of the parties; and
WHEREAS, Florida Statute 163.3225 requires the City to conduct two (2) public hearings,
before execution of a Development Agreement; and
WHEREAS, on October 28, 2014, the City's Planning Council held its first public hearing
and recommended approval of the project; and
WHEREAS, the second meeting is to be held before the City Commission of the City of
Opa -locka on January 14, 2015, to consider the Development Agreement; and
WHEREAS, WHEREAS, the City Commission of the City of Opa -locka desires to approve
the Development Agreement between the City of Opa -locka and Frank Vega — Florida Industrial
Resolution No. 15 -8895
Properties Six, for site plan approval to construct and operate a mixed -use travel center which
includes commercial, industrial and retail uses 3325 NW 135th Street, Opa- locka.
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
Development Agreement, in substantially the form attached as Exhibit "A ", between the City of
Opa -locka and Frank Vega — Florida Industrial Properties Six for site plan approval to construct and
operate a mixed -use travel center which includes commercial, industrial and retail use at 3325 NW
135th Street, Opa- locka, Folio 08- 2121 - 007 -2700.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of January, 2015.
MYR AYLOR
MAYOR
to: Approved as to form and legal sufficiency:
Jo a Flores Joseph S. Gel r /John Dellagloria
Ci Clerk GREENSPOON MARDER, PA
City Attorney
Resolution No. 15 -8895
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago
Vice -Mayor Holmes:
Mayor Taylor:
COMMISSIONER KELLEY
COMMISSIONER SANTIAGO
3 -2
NO
YES
YES
NO
YES
MIAMI HERALD I Miamilierald.com ND SUNDAY, NOVEMBER 30, 2014 1 9ND
ip
CITY OF OPA- LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS IIFREBY GIV EN that the( ity Commission ufthe City of Opa- locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday. December 10, 2014 at 7:00 p.m.
in the Auditorium at Sherbondy Village. 215 President Barack Obama (Perviz) Avenue, Opa- locka. Florida to consider the following items:
SECOND READING ORDINANCES /PI'BLIC HEARING:
AN ORDINANCE OF 1-11E (TIY COMMISSION OF THE CITY OF OPA- LOCKA. FLORIDA, AMENDING Flit- PERSONNEL ADMINIS'IRA'FIVF RFGULAIION'S, PROCFDURLS AND
BENEFIT FMPI OYEf HANDBOOK_ AT THOSE. SECTIONS STYLED ANNUAL LEAVE AND SICK I I:[AVE. ISY PROVIDING THAT ALI. AFFECfF:D I'.MPLOYEES RFCFIVF. 100'0,
PAYMENT OF THOSE A( CUMULATED BENEFITS IRRESPECI AT OF YEARS 01- EMPLOYMENT: PROVIDING FOR INCORPORATION OF RECITALS: PROV IDING FOR CON[ I K"I
AND RLI EAI -FR: PROVIDING FOR CODIIIC'A'FION: PROVIDING, FOR SF.VERABIHI Y: AND PROVIDING FOR AN LFFFCI IVF DAI F( fit st reading held on November 12. 2014).
AN ORDINANCE OF HIF: CITY COMMISSION OF 1HF. ('I'1Y OF OPA- LOCKA_ FLORIDA. AMENDING SECTION 2 -45, STYLLD "AGENDA ": 13Y PLACING ('I;RRFNT DIEM 2 -45 (7).
STYLED "AWARDSI' ROC 'LAMAf10NSAC'KNOWLF'DGFMI`NTS" AS Nl Vt ITEM 2- 45(5): BY DELFT ING I F F:M 2- 45(9). STYLFD "A REPORT FROM '1111 24 "' CON(iRESSIONAL.
DISTRICT OF FLORIDA ": BY DLLTC'1ION ITFM 2- 45(10). STYLED "A REPORT FROM ANY SIA'fF" SENATORS RLPRLSFNTING'1HF. CITY ": BY DELETING I'I'I:M 2 -45(11 ). STYLED
"A RFPORI FROMANY SLATE RLpRESFN 1'AFIVI S RtiPRESFN FINGTHE CITY 13Y DHTI -ING I1'I�:M 245(13). STYLED " MIAMI -DADF COI,A IY FIRE DFPARI MENI REPORI BY
AM ENDING AND RENUMBERING FIT 'M 2- 45120) AS I FFM 2- 45116) BY ADDING I'III: CONSEN I AGENDA AS ITEM 16(A) AND MAKING TFI E C'II Y MANAGER'S RF.POR'l I "I'FM 16(B):
fly DELF'1ING H FM 2- 45(22) STYLFD "CITY AII"ORNEY'S REPORT"': BY DH FIING I FM 2- 45(23) S IYLED "CITY CLERK'S REPORF ": AND It)' ADDING If IiM 2 -45(20) S I YL.I'.D
"ADJOUIRNMF.N'I "% PROVIDING FOR RF- NUMBERING ITEMS IN SECTION 2 -45 017 1111: CODE: OF ORDINANCES: PROVIDING FOR ('ON'FL_IC I AND REPLALER: PROVIDING FOR
CODIFICAI ION AND SF.VFRABILI'1Y: PROVIDING FOR AN I+FFCI"FVF. DATE (first reading held on November 12. 2014).
AN ORDINANCE OF TF -IF: CITY COMMISSION OF IIIF CITY OF OPA- LOCKA. FLORIDA_1\MFNDING SG.C'I ION 2 -316 OF'I'HF C'I'IY CODE TO INCRLASI: TIFF: AMOUNT "I'lll'. CIT Y
MANAGER MAY SPEND FOR PURCHASING SUP t LIES. EQUIPMEN T AND SF.RVICFS FROM FIVE HOUSAND DOLLARS (55.000) TO 1WEN I 1HOUSAND DOLIARS ($20.00(100)
W ITT IOU'1THE. CI')Y COMMISSION'S APPROVAL: PROVIDING FOR INCORPORATION OF RECI "fAI.S: PROV (DING FOR CONFLIC I AND RFPFAI IR: PROVIDI NG FOR SF. VF RABI I 11 Y
AND C'ODIIFCATION: PROVIDING; FOR AN FFFF.('TI VF DATE (first reading hellion November 12, 2014).
RESOLUTIONS /PUBLIC HEARING:
A RESOLU "PION OF 'I [IF . ('TTY COMMISSION Ol FHF CfIY OF OPA- LOCKA, FLORIDA. TO APPROVE 171.ORIDA INDUSTRIAL PROPIRIIFS SIXTRANK VFGA'S RFQULSI FOR SI "I F
PLAN APPROVAI. IO OI'FRATE A MIXED -LJSE TRAVEL C'EN'I LR WHKI I INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES Al 3325 NW 1351" S RIT 1. OPA -I.O( KA.
11.33054. FOLIO NO. 08- 2121 -007 -2700: PROVIDING FOR INC'ORPORAIION OF RECITALS: PROVIDING FOR AN I.Flli('1 IVI. DATE.
A RLSOI LTION Ol- TIFF. CITY COMMISSION Of '1HE CITY OP OPA- LOCKA, FLORIDA, TO APPROVE: FLORIDA INDLJSI'RIAL PROPFRIIF.S SIX, FRAN VI[GYS RFOUIfS'1 l'0
APPROVE A DFVF:LOPMLN F AGRH MFN I I'O OPFRATE A MIXED -USE TRAV EL CENT FR WHICH IN(LUDES COMMERCIAL. INDUSTRIAL AND RICAII- 1 iSI -S :A'I 3325N\\ 135'"
SIREFT OPA- LOC'KA. FLORIDA. 33054. FOLIO NO. 082121-007-2700: PROVIDING FOR INCORPORATION OF RFCFIAI.S: PROVIDING FOR AN EI FIT FIVE DAI F.
A RESOI UIION OF THE- CITY COMMISSION OF 'I [IF C 1 I "I'Y OF OPA- I.00KA, FLORIDA. TO APPROVI. A( CFN " CONSI RUCTION SERVICFS. INCTERRN W 11_LIAMS RI QLIFS "I'
FOR SI "II'. PLAN APPROVAL TO BUILD A C1IFCK CASHING STORF. AT 13620 NW 27'" AVENUE. ORA- LO('KA. FLORIDA, 33024. 101,10 NO. 08- 2121- 007 -2680: PROVIDING FOR
INCORPORATION 01' RF('IIALS: PROVIDING I OR AN [If FI(CI IVF DATE:.
A RFSOI.0 FION OF THI Cf1Y COMMISSION OP "IHF Cl IY 01: OPA- LO( 'KA, FLORIDA. 10 APPROVE ACCFV I'C'ONSIRUCIION SF RVIC'I;S. INC'IFRRN WILLIAMS RI QUITS "I
TO APPROVI. A DFVBLOPMI, NT A6 R1: MLN F 10 13011 -D A ('I IFCK C'ASIIING S "I'ORF A "1 13(,20 NW 27'° AVIINUE, 01'A- 1,0('KA, FLORIDA, 33054. 1:01 10 NO. 08 -2121- 007 - 21,80:
PROVIDING FOR INCORPORATION OF RF(TIALS: PROVIDING; FOR AN FFFECTIVF. DAFT,
A R SOLUTION OF TFIF CIFY COMMISSION OF 1-I11, CITY OP OPA- LOCKA. FLORIDA, TO APPROVE DAVAYNF WAI.KF.R CO GLORIFLA PAR I'NF.RS. I ID'S RI.Q1 FS FOR
Sit[, PLAN APPROVAI, IOR 11 -IF NEW CONSTRUC'TIO'N AND FOR IIll, RI; HABILI [A`1 ION OF "11115 MULTI- FAMILY DF.VELOPMI'NT At 131 &l POR1 SAID ROAD, OPA -I.O( KA,
OPA- LOCKA. FLORIDA, 33054; 13122 PORT SAID ROAD, OPALOCKA, FLORIDA. 33054: 13002 At FXANDRIA DRIVE, OPA- LOCKA. FLORIDA. 33054: (NO PROPI'R'l Y ADDRESS FOR
H
FOUR'I PARCFF.: 13081 AI..F XANDRIA DRIV'I:. OPA- LOCKA, FLORIDA. 33054 (CITY PROPERTY); 13210 ALFXANDRIA DRIVE, OPA- LOCKA. FLORIDA. 33054 ((CI'I -Y PROPFR IY):
SUBJFCI TO RE( F 'ORDING OF A UNITY O HILL. 1-01.10 NO'S: 08- 2128 -007- 0170: 08- 2128 - 009 -0012: 08 -2128 -009 -0020: 082128- 007 - 021(1: OS -2128- 007 -0270: 08- 2128 -009 -0013:
08 -2128- 009 -0014: PROVIDING I OR INCORPORATION OF RLCI'IAI.S: PROVIDING FOR AN L 1 FECTIVF DAFT:.
A RI!SOI.CIION 01 THE ('11Y COMMISSION OFT -Ill-: C'I I'Y OF OPA- LOCKA, FI ORIDA.I'O APPROVE DWAYNL' WALKER ('O GLORIEFA PARTNERS. I.lD'S RFQUkST TO APPROVI:
A DF.VII.OPMFNI AGRF.EMFNT FOR '11iE NFW CONS "1RU(' -ION AND FOR 1111: RFIIABIt FIAIION OF T'lI1S MUUfI- IAM11.Y DEVELOPMENT Al 13180 PORI- SAID ROAD.
OPA- LOCKA, FLORIDA. 33054:13122 PORT -SAID ROAD, OPALOCKA, FLORIDA_ 33054; 13002 ALEXANDRIA DRIVE. OPA- LOCKA. FLORIDA, 33054: (NO PROPF.RI Y ADDRESS FOR
FOURTtI PAR( IA : 13081 ALEXANDRIA DRIVE, OPA- L_OCKA. FLORIDA_ 33054 (C'IT`Y PROPLRI Y): 13210 ALEXANDRIA DRIVE. OPA- LOC'KA. FLORIDA_ 33024 it I PROPERTY):
SUH.IF(A '10 RECORDING OF A U1N1'fY 01' lI1LL. 1701.10 NO'S: JS 2128 -007 -0170: 08-2128-009-0012: OS -2128- 009 -0020: 082128- 007 - 0210: 08 -2128- 007 -0270: 08 -2128- 009 -0013:
08- 21_'8- 009 -0014: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN I.+FEC'I IVF DATE.
Additional infiirmatiun on the aboae items may be obtained in the Office of the City Clerk. 3400 NW 135" Snem Bldg. B_ Opa- locks. Florida. All interested persons are encourtgcd to attend this
meeting and will be heard with respect to the public hearing.
PURSUAN'I' TO FS 286.0105: Axone uh dr dn'.v to appeal am' derision made hr uric heard, agancr, or rnmmis,um frith respect to ant maser considered at o0l meeting w hearins mill need a record
of the Prue eer /nlgs uric) for that reason. star nerd In en,w e that a verhrnim record of the Proreerlings is made, rvhich record includes the tectirnonr and etvrlem c ill n which the lijq, e l mar hr hared
-
JOANNA FLORES, CMC
CITY CLERK
20ND I SUNDAY, JANUARY 4, 2015 ND MiamiHerald.com I MIAMI HERALD
CITY OF OPA- LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa- locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, January 14, 2015 at
7:00 p.m. at the Helen L. Miller Center, 2331 NW 143,11 Street, Opa- locka. Florida to consider the following items:
SECOND READING ORDINANCES /PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE PERSONNEL ADMINISTRATIVE REGULATIONS, PROCEDURES
AND BENEFIT EMPLOYEE, HANDBOOK, AT THOSE SECTIONS STYLED ANNUAL LEAVE AND SICK LEAVE, BY PROVIDING THAT ALL Al FF.CFED EMPLOYEES RECEIVE
100% PAYMENT OF THOSE. ACCUMULATED BENEFITS IRRESPECTIVE 01: YEARS OF EMPLOYMENT: PROVIDING FOR INCORPORATION OF RFCITALS: PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on
November 12, 2014).
AN ORDINANCE OFTHECITY COMMISSION OF THF, CITY OF OPA- LOCKA. FLORIDA AMENDING SECTION 2 -45, STYLED "AGENDA "; BY PLACING CURREN F IT EM 2 -45
(7). "AWARDS/ PROCLAMATIONS /ACKNOWL.EDGEMEN "TS" AS NEW ITEM 2- 45(5): BY DELETING FILM 2- 45(9), STYL.F.D "A REPORT FROM'THE 2411' CONGRESSIONAL
DISTRICT OF FLORIDA ": BY DELETING I'IF,M 2 -45 (10), STYLED A REPORT FROM ANY SIAT .. SENATORS REPRESF,N'I'ING THE CITY" BY DELETING ITEM 2- 45(11).
STYLED "A REPORT FROM ANY STATE REPRESENTATIVES REPRF,SENTING THE CITY; AND BY DELETING ITEM 2- 45(13), STYLED "MIAMI -DADF COUNTY FIRE
RESCUE DEPARTMENT REPORT; by amending ITEM 2 -45 (16) BY ADDING THE CONSF -NT AGENDA AS 11 EM 2 -45 (13) AND MAKING THE CITY MANAGERS REPORT ITEM
16: BY DELFTING ITEM 2 -45 (22) STYLED "CITY ATTORNFY'S REPORT "); BY DELETING TIEM 2 -45 (23) STYLED "CITY CLERK'S REPORT "): AND BY ADDING ITEM 2 -45
(20) STYLED "ADJOURNMENT': PROVIDING FOR RL- NUMERING ITEMS IN SECTION 2 -45 OF'I'HE CODE ORDINANCES: PROVIDING FOR CONFLICT AND REPEALER:
PROVIDING FOR CODIFICATION AND SEVERABILIFY: PROVIDING FOR AN EFFECTIVE DATI: (first reading held on November 12, 2014).
AN ORDINANCE OF THE CITY COMMISSION OF 1-HE CITY OF OPA- LOCKA, FLORIDA, AMENDING SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUN'h
THE CFI MANAGER MAY SPEND FOR PURCHASING SIJPPLIES. EQUIPMENT AND SFRVICFS FROM FIVE THOUSAND DOLLARS ($5.000) TO TWENTY THOUSAND
DOLLARS ($20,000.00) WII HOU "I THE CITY COMMISSION'S APPROVAL: PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CON IT ICT AND REPF-ALF,R:
PROVIDING FOR SEVERABILITY AND CODIFICAf10N: PROVIDING FOR AN EFFECTIVE- DA 11: (first reading held on November 12, 2014).
RESOLUTIONS /PUBLIC HEARING:
A RESOLUTION OF TILL- CITY COMMISSION OF 'IFIE CITY OF OPA LOCKA, FLORIDA. TO CONSIDER THE REQUEST OF FRANK VEGA -- FLORIDA INDUS 'I RIAI.
PROPERTIES SIX, FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE A MIXED -USE TRAVEL. CENTER ENTER WHICH INCLUDES COMMERCIAL, INDUS'IRIAI AND
RETAIL USES AT 3325 NW 1351" STREET, OPA-LOCKA, FOLIO 08- 2121 - 007 -2700: PROVIDING FOR INCORPORATION OF RFCTIALS: PROVIDING FOR AN EFFECTIVE DATE,
A RESOLUTION OFTHE CITY COMMISSION OF T'HE CITY OF OPA LOCKA. FLORIDA. TO APPROVAA DEVELOPMENT AGREEMENT BETWEEN FRANK VEGA - FLORIDA
INDUSTRIAL. PROPERTIES SIX, AND fFIE CITY OF OPA -LOCKA TO CONSTRUCT AND OPERATE. A MIXE D-USE IRAVEL CENTER WHICH INCLUDES COMMERCIAL.,
INDUSTRIAL AND RETAIL USES AT 3325 NW 135111 STRFEI, OPA- LOCKA, FOLIO 08- 2121 - 007 -2700: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR
AN F:F'FECTIVE DAIS.
A RESOLUTION OF THE Cl FY COMMISSION OF THE CITE' OF OPA LOCKA, FLORIDA, TO CONSIDER TI1L REQUEST OF TERRY WILLIAMS ACCENT CONSTRUCTION
SERVICES, INC.. FOR SITE PLAN APPROVAL FOR CONSTRUCTION OF A CHECK CASHING STORE Al' 13620 NW 277° AVENUE. OPA- LOCKA. FOLIO 08 -2121- 007 -2680:
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE: DATE
A RI'SOLUIION OF THE CITY COMMISSION OF TILE CITY OP OPA LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN TERRY WILLIAMS
ACCENT CONSTRUCTION SERVICES, INC., AND THE CITY OF OPA- L.00KA I O CONSTRUCT A CHECK CASHING STORE Al' 13620 NW 2711 AVENUE, OPA- LOCKA, POLIO
08- 2121 - 007 -2680: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE DATI;.
A RESOLUTION OF 1-111: CITY COMMISSION OF I'HE CI IY OF OPA LOCKA, FLORIDA, TO CONSIDER'IHE REQUEST` OF DWAYNE WALKER C/0 GLORIETA PARTNERS,
I,ID, FOR SITE PLAN APPROVAL FOR NEW CONSTRUC "IION AND FOR THE REHABILITATION OF A MUI:II- FAMILY DEVELOPMENT Al 13180 PORT SAID ROAD. OPA-
LOCKA: 13122 PORT SAID ROAD, OPA- LOCKA; 13002 ALEXANDRIA DRIVE, OPA-LOCKA, (NO PROPF:RIY ADDRESS FOR THE FOURTH PARCEL: 13081 AIEXANDRIA
DRIVE, OPA-LOCKA (CITY PROPERTY): AND 13210 ALEXANDRIA DRIVE, OPA -LOCKA (CITY PROPERTY): FOLIOS: 08-2128-0070170:08-2128-009-0012: 08 -2128 -009 -0020:
08-2128-007-0210,08-2128-007-0270:08-2128-009-0013: AND 08- 2128 -009 -0014; PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OP OPA- LOCKA, FLORIDA. 'TO APPROVE DWAYNE WALKER C/O GLORIEIA PARTNERS. LFD'S REQUF:S'T
TO APPROVE A DEVELOPMENT AGREEMENT FOR ['ill-- NEW CONSTRUCTION AND FOR THF. REHABILITATION OF THIS MULTI - FAMILY DEVELOPMEiN I Al 13180
PORT SAID ROAD, OPA- LOCKA, FLORIDA. 33054; 13122 PORT SAID ROAD, OPA- LOC'KA, FLORIDA, 33054; 13002 ALEXANDRIA DRIVE., OPA-LOCKA, FLORIDA, 33054:
(NO PROPERTY ADDRESS FOR FOURTH PARCEL: 13081 ALEXANDRIA DRIVE, OPA- LOCKA, FLORIDA, 33054 (CITY PROPERTY); 13210 ALEXANDRIA DRIVE, OPA-
LOCKA, FLORIDA, 33054 (CITY PROPERLY): SUBJECT TO RECORDING OF A UNI'11' OF IITLP.. FOLIO NO'S: 08 -2128- 007 -0170: 08 -2128- 009 -0012: 08 -2128- 009 - 0020:
08- 2128 - 007 -0210: 08 -2128- 007 - 0270: 08- 2128 -009 -0013: 08 -2128- 009 -0014; PROVIDING FOR INCORPORATION Oh RECITALS: PROVIDING FOR AN EFFECTIVF DATE.
Additional information on the above items may be obtained in the Office of the City Clerk. 3400 NW 135" Street. Bldg. B, Opa- locka. Florida. All interested persons are encouraged to attend
this meeting and will be heard with respect to the public hearing.
Pt RSIANT TO FS 286.0105: ; I nrone of ho desires to appeal am decision tnade Inv anv hourd, ugeuet or comrni.c,cion with respect to a»v matter considered at such meeting or herring will need a record )I the
proceedings. and /or that mason. mar need to ensure than a rerhatim record of the proceedings is nmdc, which record inchtdes the testimmre and evidence upon iihich the appeal tntn' he ha.vcd.
JOANNA FLORES, CMC
CITY CLERK
City of Opa -Locka
Agenda Cover Memo
Commission
Item Type:
Resolution
Ordinance
Other
X
Meeting Date:
December 10, 2014
(Enter X in
box)
Ordinance Reading:
1S
2nd Reading
Yes
No
(EnterX in box)
Reading
Fiscal Impact:
(EnterX in box)
Public Hearing:
Yes
No
Yes
No
X
(Enter X in box)
X
X
Funding Source:
(Enter Fund & Dept)
Advertising Requirement:
Yes
No
N/A
N/A
(Enter X in box)
X
Contract/P.O.
Yes
No
Required:
RFP /RFQ/Bid #:
N/A
X
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Strategic Plan
Obj. /Strategy:
Strategic Plan
Enhance Organizational 0
Related
Bus. & Economic Dev 0
N/A
(Enter X in box)
X
Public Safety 0
Quality of Education 0
Qual. of Life & City ImageM
Communication 0
Sponsor Name
City Manager
Department:
Community Development
Short Title:
Resolution of the City Commission of the City of Opa -locks to consider the request of Frank Vega
— Florida Industrial Properties Six, for approval of a Development Agreement to operate a mixed -
use travel center which includes commercial, industrial and retail uses at 3325NW 135th Street,
Opa- locka, FL 33054, also identified by folio 08- 2121 - 007 -2700.
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.
Florida Industrial Properties Six DA10 -28 -14 1
The process is simple: the City of Opa -locks 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 9, 2014. At
this meeting, the Planning Council's motion to recommend approvalof the development
agreement was approved by a vote of 3 -. The second public hearing is scheduled for
December10, 2014. This hearing must be held before the City Commission. The property owner
/ developer has a pending request for final site plan review which will also be heard on December
10, 2014. In accordance with City Ordinance 86 -8, 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 terms:
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 all regulations.
This Development Agreement was presented to the Planning Council and the motion for approval
was approved by a 3 -0 vote.
Proposed Action:
Staff has no recommendation for this Development Agreement.
Attachments:
Development Agreement
Planning Council Meeting Minutes 10 -28 -2014
Planning Council Application
Florida Industrial Properties Six DA10 -28 -14 2
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence Pinder, Commissioner
Joseph L. Kelley, Commiss ner
Luis B. Santiago, Commissi ner/
FROM: Kelvin L. Baker, Sr., City Ma
DATE: December 1, 2014
RE: RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF OPA-
LOCKA TO CONSIDER THE REQUEST OF FRANK VEGA — FLORIDA
INDUSTRIAL PROPERTIES SIX, FOR APPROVAL OF A
DEVELOPMENT AGREEMENT TO OPERATE A MIXED -USE TRAVEL
CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL
USES AT 3325 NW 135TH STREET, OPA- LOCKA, FL 33054, ALSO
IDENTIFIED BY FOLIO 08- 2121 - 007 -2700.
Request:
Resolution of the City Commission of the City of Opa -locka to consider the request of
Frank Vega — Florida Industrial Properties Six, for approval of a development
agreement to operate a mixed -use travel center which includes commercial, industrial
and retail uses at 3325 NW 135th Street, Opa- locks, FL 33054, also identified by folio
08- 2121- 007 -2700.
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 -locks
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 -locks city code, the city's
Planning Council shares in half of the local planning agency's responsibility. The first
public hearing was held October 28, 2014. At this meeting, the Planning Council's
motion to approve the development agreement was approved by a 3 -0 vote. The
second public hearing is scheduled for December 10, 2014. This hearing must be held
before the City Commission. The property owner / developer has a pending request for
Florida Industrial Properties Six DA 10 -28 -14
final site plan review which will also be heard on December 10, 2014. In accordance
with City Ordinance 86 -8, 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 terms:
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 all regulations.
This Development Agreement was presented to the Planning Council and the motion
was approved by a 3 -0 vote.
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan;
however, once site and building improvements are completed, the City will realize
enhanced tax revenues, franchise fees, impact fees, and building permit fees.
Implementation Time Line:
Immediately
Legislative History:
Ordinance 86 -8
Planning Council Recommendation:
Planning Council recommendation for approval was approved by a 3 -0 vote.
Staff Recommendation:
Staff has no recommendation for this site plan review
Attachment(s)
Planning Council Meeting Minutes 10 -28 -2014;
Site Plan Checklist
Planning Council Application
Site Plan Report
Prepared By: Gerald Lee, Zoning Official
Gregory Gay, Director
Community Development Department
Florida Industrial Properties Six DA 10 -28 -14 2
" THE GREAT CITY "
OPp• 1.00ko . .
Received:
By:
Date:
PLANNING COUNCIL MEETING SCHEDULE AND REQUIREMENTS
FY 2013 -2011
TOTAL FEES: $ 4.1 . C+C9 New (Fees as of April 20, 2013
FY 2013 -2014 Meeting Dates
1 st Tuesday of Each Month)
October 1, 2013
November 5, 2013
December 3, 2013
January 7, 2014
February 4, 2014
March 2, 2014
April 1, 2014
May 6, 2014
June 3, 2014
July 1, 2014
August 5, 2014
September 2, 2014
Date Apulicaadon Found Sufficient
August 18, 2013
September 24, 2013
October 22, 2013
November 19, 2013
December 23, 2013
January 21, 2014
February 18, 2014
March 17, 2014
April 21, 2014
May 19, 2014
June 23, 2014
July 21, 2014
1. All individuals seeking to appear before the Planning Council must submit a complete Planning Council
application, with the required documents and fees totaling (s established by ordinance), paid by check or
money order to the City of Opa- locks. Failure to submit all documents and fees will result in your case
not being scheduled to be heard at a meeting.
2. if the applicant seeking to appear before the Planning Council is not the property owner he must provide
an affidavit of authorization from the property owner.
3. All meetings are held on the first Tuesday of each month at the City of Opa -locka City Commission
Chambers, 215 Perviz Avenue: Time 7:00 P.M.
4. Application package must include all required documents per checklist and fees of The City of Opa-
locka. The application will be reviewed by the Department and will be scheduled for the next PC
meeting upon finding of sufficiency.
5. Your are required to complete and return this application along with all the information and
documentation (see page 2 check Iist) requested to the:
City of Opa -locka
Planning & Community Development Department
3400 NW 135th Street
Opa- locka, FL 33054
Telephone: 305- 953 -2868, Ext.1503
Facsimile: 305-953-3060
Reference to Ordinance 13 -08
Section 4.13 and 4.4
"THE GREAT CITY "
Qp -�ocko ,
O �0 o
F � a, PA LACK
. OpnUppT 6� .
PLANNING COUNCAL APPLICATION
Received:
By:
Date:
APPLICATION NUMBER: 4 -10 -07 --HECK NUMBER: DATE RECEIVED:
PROPERTY OWNER'S NAME: C\ : • '� ,LA
ll � s
PROPERTY OWNER'S ADDRESS:. -A;10 N ',� (A
Number /Street City State /Zip Code
APPLICANT'S NAME:,
APPLICANT'S ADDRESS: �J A0, ' \10 `,
Number /Street
City State /Zip Code
PHONE NUMBER: OFFICE (A ,6 ls� �a,� "I \ A% HOME
OTHER
SUBJECT PROPERTY ADDRESS: a �J U A C>
Number /Street i
TAX FOLIO NUMBER: b `� ° a` �.\ C PRESENT ZONING: Cz n rn Gr 4. , q 1 (� aj r `
LEGAL DESCRIPTION: ���4aFA
Please check specific request:
_Tentative Plat
_Final Plat
_Comprehensive Plan Amendment
_ Rezoning
_Drainage Plan
_Fill Permit Request
_Preliminary Site Plan Review
_Final Site Plan Review
_Conditional Use Permit - No Plans
_Conditional Use Permit - With Plans
_Special Exception - No Plans
_Special Exception - With Plans
Other - Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 13 -08
Section 4.13 and 4.4
Received:
By:
Date:
Page 3 of 5
PLANNING COUNCIL APP1,1CATION
(Checklist)
Applications will not be accepted without the ffollowing data. For a public hearing, all items below are necessary
and uanust ne submitted.
Completed application form
Application fee payable to the City of Opa -locka by check or money order
Copy of property owner's and /or applicant's driver license /photo Y.D.
Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized)
A completed Neighborhood Petition form (attached) with the signature of each property owner in front, rear,
left and right of his property showing they have no objections to the project (name, address, phone number).
All preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad
format
Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches)
Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance; (size 36 x 24)
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said
parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel
(Original and 2 copies size of document to accommodate scale)
Narrative concept to be submitted with application
,\ fy
and tand that this applic ion
Sign ure
Date
AFFMAVIT
, being first duly sworn, depose and say that I am the ®`t{yWElR of the property and I
must be complete and accurate before a public hearing can be advertised.
Sworn to and subscribed before me:
1�
This —day of
l�
Notary Public
Attach copy of identification
Reference to Ordinance 13 -08
Section 4.13 and 4.4
KEVIN A. GOCH
Notary Public - State of Florida
z < . • i My Comm. Expires Jan 3. 2015
q' Commission a EE 44083
:w%� iii `+•`�
Bonded Through National Notary Assn.
My commission expires
Received:
By:
Date:
Page 4 of 5
13 LANIIRNG MUNCH, AP ➢D ECATi 1ON
POWER OF A'VTCP,5'1 ,Y
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa -locka
From:
i
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
being first duly sworn, depose and sav that I am the owner
., 1
I do give to \��� ti_q� C fa \�\C-A„J the power of Attorney and authority to speak in my
behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also
authorize - ►�nalzl i,3. C_ r, to negotiate and commit to the City Commission and City
Adminis ion in my behalf. ' 1 abide by all final determinations of the City Commission and City Administration.
Signature
C� ,�1 J� %W- Piz _ KEVIN A. GOCN
�'» e`t+ Notary Public - State of Florida
Date .n` a ^= M Com E
Sworn to and subscribed before me:
+~ c � Z , `
This � � day o� J
Notary Public
Attach copy of identification
Reference to Ordinance 13 -08
Section 4.13 and 4.4
y m. xplreu Jan 3, zo15
Bonded Through NationaENotarry Assn.
My commission expires:
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LL.
2014 FLORIDA LIMITED LIAbiLITY COMPANYANNUAL REPORT
DOCUMENT# L13000138162
Entity Name: FLORIDA INDUSTRIAL PROPERTIES SIX, LLC
Current Principal Place of Business:
2433 NW 64TH STREET
BOCA RATON, FL 33496
Current Mailing Address:
2433 NW 64TH STREET
BOCA RATON, FL 33496 US
FEI Number: 35- 2486408
Name and Address of Current Registered Agent:
GOCH, KEVIN A
2433 NW 64TH STREET
BOCA RATON, FL 33496 US
FILED
Jan 08, 2014
Secretary of State
CC4415320010
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title MGRM
Name VEGA, JOSE F
Address 2433 NW 64TH STREET
City- State -Zip: BOCA RATON FL 33496
Title
MGRM
Name
GOCH, JODI
Address
2433 NW 64TH STREET
City- State -Zip:
BOCA RATON FL 33496
Title MGRM
Name GOCH, KEVIN A
Address 2433 NW 64TH STREET
City- State -Zip: BOCA RATON FL 33496
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: KEVIN A. GOCH MANAGING MEMBER 01/08/2014
Electronic Signature of Signing Authorized Person(s) Detail Date
MDM Central Florida
1055 Kathleen Rd.
Lakeland, FL 33805
863- 646 -9130
863 - 648 -1106 Fax
MDM South Florida
3251 SW 13th Dr.. Suite D
Deerfield Beach. FL 33442
954 - 427 -3076
954 - 427 -3420 Fax
MDM Atlanta
MDM Services: Inc.
8014 Cumming Highway
Suite 403
Canton: GA 30115
770 - 345 -3960
770 - 345 -7519 Fax
MDM services, Inc.
Engineering, Environmental, and Construction
July 31, 2014
City of Opa -Locka
3400 NW 1351h St.
Building B
Opa- Locka, FI 33054
Attn: Mr. Gregory Gay
Director — Planning and Development
Re: Opa -Locka Travel Center
3325 NW 135th St.
Dear Mr. Gay:
Attached to this correspondence are 12 sets of signed and sealed plans for your
review for the site plan submittal for the redevelopment of the above - referenced
property.
The updated survey was completed on 7 -25 -14 and is part of the submission. The
preliminary site plan has been revised to reflect the information on the updated
survey and initial comments provided on the site plan checklist.
The traffic engineering consultant has been retained (Glen Hanks Consulting
Engineers, Inc.) and given copies of the updated survey and site plan. The traffic
study and signalization warrant study are in progress. Mr. Hanks will be working
closely with FDOT (Ali AI -Said, P.E. — District Permit Engineer) to satisfy all
preliminary requirements to schedule the pre - application hearing for early in August.
I have attached a copy of an e -mail reply from Donna Grace, P.E. for EAC
Consultants regarding proposed drainage improvements on NW 135th St. Based on
this e -mail, the storm drainage has been designed to accommodate all storm water
on -site with outfalls to the north canal. All on -site storage will be per Miami -Dade
Public Works design standards using deep trench exfiltration and pollution retardant
outfall structures. The preliminary design and storm water calculations will be
forwarded to SFWMD for approval since the site is over 5 acres.
Although not currently shown on the landscape plan, there will be four (4) fifty (50)
foot sections of decorative masonry wall matching the building architecture along the
NW 135th St. frontage to break up the raised landscape berms.
Thank you for your continued assistance in helping us get this project on schedule
through Opa- Locka's site plan approval process.
If anything additional is needed at this time, kindly contact me at your earliest
MDM Services, Inc.
Paul E. Linaerfeldt'
cc: Frank Vega, Kevin Goch
File 14101
Attachments
r-
• Civil Engineering • Building Design • Permitting • Geotechnical • Environmental Assessments, Remediation • Construction Management
Paul Ungerfeldt
Form- Donna Grace < dg race@ eacconsult.com >
Sent: Wednesday, July 30, 2014 10:41 AM
To: Paul Lingerfeldt
Cc: Maclsood Mohammad Nasir; Mike Adeife
Subject: RE: Opa -Locka Travel Center, 3325 NW 135th St., Opa -Locka
Paul,
We have proposed no drainage improvements in the area you described on the north side of 135th Street near Sesarr
Street.
You can contact Mohammad Nasir if you have further questions.
Donna Grace, P.E
EAC Consulting, Inc.
5100 NW 33 Avenue, Suite 243
Fort Lauderdale, FL. 33309
(954) 714 -2007 Direct
(954) 599 -3710 Cell
From: Paul Lingerfeldt �...�.��.�_.- ,.,�..��,..�..�o �. M�... �.. �. �. �, �_- �,. �...,, w_ �. �..,-.,.n w.. �,.. �.,,..... �.., �. �.....-.,. �. �.... y._.. ..��.,.__a,.,�....�...�.�,.,..�
Sent: 7/30/2014 9:13 AM
To. Donna Grace
Subject :Opa -Locka Travel Center, 3325 NW 135th St., Opa -Locka
Donna, please contact me as soon as you are able regarding this project. The City of Opa -Locka Community
Development Group asked me to contact you regarding your proposed roadway and utility improvement project along
NW 135th St. I am currently preparing a submission for site plan approval for the redevelopment of this 6.9 acre site a
a truck stop and travel center and the City wanted me to confirm what your proposed ROW and /or drainage
improvements will be in front of our property that stretches from the railroad tracks to the east to Sesame St. to the
west — about 962 FT along the north side of NW 135th St. Please contact me at your earliest convenience. Thank
you, Paul Lingerfeldt, MDM Services, (954) 427 -3076 X101 or atil .ingerfeldt @rndmservices.com
Record and Return to: (enclose self- addressed stamped envelope)
Hope W. Calhoun, Esq.
1 East Broward Boulevard
Suite 1800
Fort Lauderdale, Fl 33301
This Instrument Prepared by:
Hope W. Calhoun, Esq.
1 East Broward Boulevard
Suite 1800
Fort Lauderdale, F133301
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA- LOCKA, FLORIDA;
AND FLORIDA INDUSTRIAL PROPERTIES SIX, LLC
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this _ day of
, 2015 ( "Execution Date ") by and between Florida Industrial Properties Six, LLC, a
Florida limited liability company ( "Owner ") with a mailing address of 2433 NW 64"' Street, Boca Raton,
FL 33496 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
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 6.9 acres of land located at
3325 NW 1356' Street, Opa- Locka, FL 33054, within the municipal boundaries of the City and identified
by Miami -Dade County Tax Folio No.08 -2121- 007 -2700 (the "Property "), the legal description of which
is attached hereto and made a part hereof as Exhibit "A "; and
WHEREAS, the City's Commission adopted Resolution Number approving a Master
Site Plan for the Opa -Locka Travel Center ( "Travel Center ") which includes approximately 20, 000
square feet of commercial, industrial and retail uses; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement Act, the Florida Legislature has determined that the lack 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
Mixed -Used Travel Center I Florida Industrial Properties Six, LLC
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 Manager of Owner have authorized the Owner 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 Owners /Owners and City agrees to as follows:
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 Owners /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) "Owner" means the persons or entities undertaking the development of the
Property, defined in the preamble to this Agreement, Florida Industrial Properties
Six, LLC, a Florida limited liability company and /or any of its respective
successors, assigns, or heirs thereof.
(f) "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami -Dade County,
0) 'Entire Term" is the total term of this Agreement, combining the Initial Term
(thirty (30) years) and the Additional Term, as defined herein.
Mixed -Used Travel Center I Florida Industrial Properties Six, LLC
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" is (a) all entitlements associated with the City's approval of the
Travel Center 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) "Opa Locka Travel Center Master Site Plan" is the Final Site Plan approved by
the City Commission via Resolution No. for a travel center 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 thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land, except as
provided herein.
(p) "Land Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision,
building construction, or sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
(q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa -Locka
affecting the development of land in effect as of the Effective Date, including
Opa- Locka's Unified Land Development Regulation Code, the Ordinance and the
Resolution Number
(r) "Project" is the Travel Center as described by the Opa Locka Travel Center
Master Site Plan.
(s) "Property" means the approximately 6.9 acre parcel of land located at 3325 NW
135`h Street, Opa- Locka, FL. 33054 and identified by Miami -Dade County Tax
Folio No. 08 -2121- 007 -2700, the legal description of which is attached hereto
and made a part hereof as Exhibit "A."
(t) "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.
(u) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa -Locka Resolution Number approving the Opa Locka Travel
Center Master Site Plan for a travel center for trucks and cars.
Mixed -Used Travel Center I Florida Industrial Properties Six, LLC
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 section 4.16 of the City of Opa- Locka's Unified Land
Development Regulation Code, the Ordinance and the Resolution.
Effective Date. Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Owner, the Agreement with the clerk of
the Circuit Court for Miami -Dade County. This Agreement shall become binding on the
Effective Date. Notwithstanding the Effective Date provided herein and required by
Section 163.3239, P.S., the City and the Owners /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 Owner) and all
persons claiming under it for an Initial Term of thirty (30) years from the Effective Date,
and may be extended for one or more Additional Term(s) thereafter by mutual consent of
the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to
any extension of this Agreement requires approval of both parties to this Agreement. No
notice of termination shall be required by either party upon the expiration of this
Agreement and thereafter the parties hereto shall have no further obligations under this
Agreement. The obligations imposed pursuant to this Agreement upon the parties and
upon the Property shall run with and bind the Property as covenants running with the
Property, and this Agreement shall be binding upon and enforceable by and against the
parties hereto, their personal representatives, heirs, successors, grantees and /or assigns.
Upon the Expiration or termination of this agreement, the property shall be subject to all
then applicable land use terms and regulations of the city.
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
either (1) be constructed in accordance with applicable governmental regulations
prior to the issuance of a Certificate of Occupancy of the Project;
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and verbal
representation submitted to the City Commission in order to receive approval of
the Travel Center Master Site Plan. Such items include, but are not specifically
limited to:
Mixed -Used Travel Center I Florida Industrial Properties Six, LLC
�% D e s i g n o f a l l p h y s i c a l s t r u c t u r e s , w a t e r b o d i e s , p r i v a t e a n d p u b l i c
i m p r o v e m e n t s ; a n d
�% T h e c o l o r a n d d i m e n s i o n a l c h a r a c t e r i s t i c s o f a l l b u i l d i n g m a t e r i a l s .
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t o t r u c k a n d a u t o m o b i l e f a c i l i t i e s p r o p o s e d o n t h e P r o p e r t y .
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w i t h t h e T r a v e l C e n t e r M a s t e r P l a n , f r e e o f a l l l i e n s a n d e n c u m b r a n c e s , f o r t h e
e n t i r e p e r i o d i n w h i c h t h e O w n e r s o w n t h e l a n d o r c o n t r o l 5 1 % o w n e r s h i p o f t h e
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s o l d o r o t h e r w i s e t r a n s f e r r e d .
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t h e C i t y i n t h e C i t y '