HomeMy Public PortalAbout15-8899 Approve Development Agreement between Dwayne Walker c/o Glorieta Partners LTDSponsored by: City Manager
Resolution No. 15-8899
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA- LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT
AGREEMENT BETWEEN DWAYNE WALKER C/O GLORIETA
PARTNERS, LTD, AND THE CITY OF OPA -LOCKA FOR THE
PROPERTY LOCATED AT 13180 PORT SAID ROAD, OPA- LOCKA;
13122 PORT SAID ROAD, OPA- LOCKA;13002 ALEXANDRIA DRIVE,
OPA- LOCKA; (NO PROPERTY ADDRESS FOR THE FOURTH
PARCEL; 13081 ALEXANDRIA 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; FOR THE PURPOSE OF NEW CONSTRUCTION AND
FOR THE REHABILITATION OF A MULTI- FAMILY DEVELOPMENT;
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 December 2, 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
Resolution No. 15 -8899
WHEREAS, the City Commission of the City of Opa -locka desires to approve the
Development Agreement between the City of Opa -locka and Dwayne Walker c/o Glorieta Partners,
LTD, for site plan approval for new construction and for the rehabilitation of a multi - family
development at 13180 Port Said Road, Opa- locka; 13122 Port Said Road, Opa- locka; 13002
Alexandria Drive, Opa- locka; (No Property Address for the fourth parcel); 13081 Alexandria Drive,
Opa -locka (City Property); and 13210 Alexandria Drive, Opa -locka (City Property).
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 Dwayne Walker c/o Glorieta Partners, LTD, for construction and for the
rehabilitation of a multi - family development at 13180 Port Said Road, Opa- locka; 13122 Port Said
Road, Opa- locka; 13002 Alexandria Drive, Opa- locka; (No Property Address for the fourth parcel;
13081 Alexandria 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.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14 th day of January, 2015.
Resolution No. 15 -8899
r'
MY VA TAYbA
MAYOR
Approved as to form and legal sufficiency:
Joseph S. Gell�'r / John Dellagloria
GREENSPOON MARDER, PA
City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: COMMISSIONER PINDER
Commission Vote: 4 -0
Commissioner Kelley:
YES
Commissioner Pinder:
YES
Commissioner Santiago:
YES
Vice -Mayor Holmes:
YES
Mayor Taylor:
RECUSED
MIAMI HERALD I Miamillerald.com ND SUNDAY, NOVEMBER 30, 2014 1 SIND
NOTICE; IS IIERE:BY GIV EN that the City Commission of the City of Opa- locka. Florida will hold public hearings at its Regular Commission Meeting on Wednesday, December 10, 2014 at 7:00 p.rm
in the Auditorium at Sheibondy Village. 215 President Barack Obama (I"miz) Avenue. Opa- locka. Florida to consider the following items:
SECOND READING ORDINANCES /PUBLIC HEARING:
AN ORDINANCF Of- TI1F. ('IT Y COMMISSION OF "flit. CITY 01 OPA- LOCKA, FLORIDA, AMENDING THE PFRSO'NNFI_ ADMINIS'I RAI IVF. RFG 1, LA1IONS, PROCFDURFS AND
BFNEFFF EMPLOYI-1 HANDBOOK, AT 'FHOSF. SF(1'IONS STYI.FD ANNUAL LEAVE AND SICK LFAVF- BY PROVIDING THAT ALL AFI2LC'I1-:D EMPLOYEES RFC( (VII I00'S6
PAYMENT OF THOSE ACCUMULATED BF.NF.FI'IS IRRESPFCIIVF. OFYFARS 01- LMPLOYMFN'I: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR CONFLI('I
AND RFPF.AI.ER: PROVIDING FOR CODIFICATION: PROVIDING FOR St.VLRABILI IY: AND PROVIDING FOR AN EFFF(' "fIVF DATE (first reading held on November 12.2014).
AN ORDINANCE OF IHE CITY COMMISSION OF THE CITY 01: OPA- LOCKA. FLORIDA. AMENDING SF('1lON 2 -45, STYLED "AGENDA ": BY PLACING CIiRRF:NI I FM 2 -45 (7).
STYLED "AWARDS'PROCLAMAI-1ONS ACKNOWLFDGFML N "I'S" AS NEW III M 2- 45(5): BY DELILI ING I'fFM 2- 45(9), STYLED "A RLPOR-1 FROM HIL _24'" CONGRESSONAI
DISTRICT OF FLORIDA ": BY DFLLCfION I'IFM 2- 45(10). STY( FD "A REPORT FROM ANY SIATF SENATORS REI'RL.SL:N FINGTHF ('ITY ": BY DF,LLI ING I I'F.M 2- 45(11). SI Y1 LD
"A REPORI 1-ROM ANY STA1F RFPRESF.NTATIVFS RFPRL'SL'N I'ING 1-111( Cll'Y BY DFLFI ING I'I't.M 2- 45(13), STYLED "MIAMI -DADF. COUNT(' FIRE DFPARTMLN'I RF:POR'I ": 13Y
AMENDING AND RENUMBERING III =.M 2- 45(20) AS I "fEM 2- 45(16) BY ADDING -1IFF? CONSLNI AGENDAAS I I LM IOTA) AND MAKINGTHF('ITY MANAGI=.R'S RFPORf H LM 16(13):
L3Y Dlil FT ING ITEM 2- 45(22) SI YLFD "CIIY ATTORNEY'S REPORT BY DFI FfNG IfF'M 2- 15(23) STYLI {D °CIIY CLPRK'S RL'PORI AND HV'ADDING Il1:M 2- 45(20) S I Y1 I,1)
"ADJOURNMENT PROVIDING FOR RL- NUMBERING ITFMS IN SECTION 2-45 OF 1-111 CODE OF ORDINANCES: PROVIDING FOR CONFLICT AND REPEA[ FR: PROVIDING FOR
CODIFICATION AND SFVFRABILI'fY: PROVIDING FOR AN I +I_FCIIV'1-. DATE (first reading held on Nm -ember 12.2014).
AN ORDINANCE 01' HfF CIIY COMMISSION OF 1-11F CITY OF OPA- LOCKA. FLORIDA, AMENDING SECTION 2 -316 OF THE. ('I11Y ('ODE TO IN( RL:ASk "IIIE AMOUNT "I'HF ('I I'Y
MANAGER MAY SPEND FOR PURCHASING SUPPLIES. LQUIPMFN'f AND SERVICES FROM FIVF I IIOLSAND DOLLARS ($5.000) "f0 1 WFN "IN' I HOUSAND DOI.IARS ($20.000 .00)
WI110t:11" fECITY COMMISSION'SAPPROVAt: PROVIDING FOR INCORPORA" P ION OFRECFFALS: PROVIDING FORCONFLICI' AND REPEAL ER: PROVIDING tOR SLVI:RABII II 'Y
AND CODIFICATION: PROVIDING FOR AN EF FL( "II VF. DATE (first reading hold on November 12, 2014).
RESOEO"1'IONS /PUBLIC HEARING:
A RESOLD "PION Of =THE ('I "1'Y COMMISSION Ot I IIF CI "fY Ot OPA- I_O('KA. I"I.ORIDA 7oAPPROVF f -1.ORIDA INDUS'I RIAI_ PROPFRI IES SI.X'1 -RANK VI ( JA'S RFQIJFSI' FOR SI "IF
PLAN
APPROVAL. FO OPFRATF A MIXFD-IJSF:IRAVF.L Cf_NTER W'lll('I1 INC'U'DFS C'OMMERC'IAL., INDUSfILIAI. AND RIIIAIL. USES AT 3325 NW 1351" S'IR1.1-1. 0PA- 1.0G'KA.
1- 1.33054. FOI.IO NO. 08 -2121- 007 -2700: PROVIDING FOR INC'ORPOIZAI ION 01- RF.CfI'ALS: PROVIDING FOR AN 1 1FK'IIVE DA'I F.
A RF.SOI_UTION Ot f ill CITY COMMISSION 01- THE CITY OF OPA- LOCKA. Ft ORIDA. 10 AI'PROVk PI ORIDA INDUSTRIAL PROM RI IFS SIX FRANK VE(i.A'S RFQIJI -ST 1O
APPROVI, A DFVF:LOPMIN "f AGREh:MFNT "f0 OPERAIfF.A MIXLD -USE 'I RAVFI. CENCF.R WHICIJ INCLUDES COMMERCIAL. INDUSTRIAI. AND RI[TAII_ IISI -S.A'I 3325 N \V 13510
S'PRFFI= OPA- LOCKA. FLORIDA, 33054, FOLIO NO. 082121 -007 -2700: PROVIDING FOR INCORPORAI ION OF RF0IAI.S: PROVIDING FOR AN F:FF F( I IVI: DAI'I:.
A RESOLUTION OF THIi CIIY COMMISSION OF'CHF. ('IIY OF OPA- LOCKA, FLORIDA. TO APPROVE ACCLNI CON'SI'RUCTION SFRVI('LS. IN( ILRRY Wit_LIAMS REOt'FS'I
FOR SI IF PLAN APPROVAL TO Bt'111 ) A CHECK CASHING S'FORF Al- 13620 NW 2710 AVENUE. OPA- LOCKA, Fl - ORIDA, 33054. FOLIO NO. 08- 2121 - 007 -2680: PROVIDING FOR
IN('ORI'ORAI ION OF RF.C'll'ALS: PROVIDING FOR AN L'FFLCIR'E [)At E.
A RI SOLUIION 01 1FIF Cl IY COMMISSION OF 111E Cl IY OF OPA- LOCKA, FLORIDA. TO APPROVI: A( (,FNj ('ONSTRIX ZION SERVICES. INC "CURRY WII.1_LANIS RFOIJES'I
'f0 APPROVF A DFVFI- OPMF.N I AGRFI.MFNI TO BlJlt_D A CHFC'K CASHING S"1'ORF Al 13620 NW 271° AVFNtIL. OPA- LOCKA, FLORIDA. 33054. FOI RI NO 08 -2121- 007 - 2680:
PROVIDING FOR INCORPORATION OF RFCI'IAI.S: PROVIDING FOR AN EFFI ( T-IVF DAI-1:.
A RISOLUIION 01:1 [IF CITY COMMISSION Of: FHF. CIIY Ol OPA- LOCKA. FLORIDA. TO APPROVE. DWAYNF W'ALKFR (%0 GI- ORIETA PAR INLRS. 11 WS RI Of FS FOR
SI'I I L PLAN APPROVA FOR 1111, NFW C'ONS1RUCIION AND FOR t 1 -LIE REIIABII. ITATION OF] HIS MI El 1- FAMILY DFVIA OPMLN I At 13180 PORT SAID ROAD, 0PA -1 iA KA.
OPA- LOCKA. FLORIDA. 33054:13122 PORT SAID ROAD, OPALO('KA, FLORIDA. 33054:13002 At DRIVE, 0PA4 LOCKA. FLORIDA- 33054: (NO PROPFRI Y ADDRI SS FOR
1:01 R I I I PARCF'I : 13081 AI FXANDRIA DRIVE. OPA- I.O('KA, FLORIDA. 33054 (CITY PROPERI Y): 13210 ALEXANDRIA DRIVE. OPA- LOCKA. FLORIDA. 33054 (CITY PROM RIY):
St'BJFCf "f0 RFC'ORDING OF A UNITY 01- (TILL. 1-0110 NO'S 08 -2128- 007 -0170: OS -2128- 009 -0012: 08 -2128- 009 -0020: 082128- 007 -0210: 08 -2128- 007 - (1270: 08 -2128- 009 -0013:
08 -2128- 009 -0014: PROVIDING FOR INCORPORATION OF RFC ITAI S: PROVIDING, FOR AN F:I tFC IIVE DATE.
A RISOLIfIION OF'1"HF. (']fly COMMISSION OP THE. CI IY 01- OPA- LOCKA- FLORIDA. I'0 APPROVE DWAYNF WALKER (',0 GLORIF ]A PARI NI RS. t:I D'S RLQUIIS'1"IO APPROVE
A DEVELOPMENT AGRF:L'MFNT FOR 'fHL NEW CONS'l-RUCT10N AND FOR "IIfF. RFHAB11 11AHON OF THIS MLLIT- 1- AMII.Y DFVLLOPMF:Nf AT 13180 PORK SAID ROAD.
OPA- LOCKA, FLORIDA, 33054:13122 PORE SAID ROAD, OPAI -OCKA, FLORIDA- 33054: 13002 ALEXANDRIA DRIVE. OPA- LOCKA, FLORIDA. 33054: (NO PROPERTY ADDRIiSS FOR
FOUR'fli PARCL'L: 13081 ALEXANDRIA DRIVE_ OPA- t_OCKA, FLORIDA. 33054 (CITY PROPFR'IY): 13210 ALEXANDRIA DRIVE. OPA- LOCKA. FLORIDA. 33054 (( ITY PRONI?R IY):
SUBJF:CI' 'f0 RECORDING OF A UNITY OF "I'I'I I E, FOIJO NO'S: 08 -2128 -007 -0170: 08 -2128- 009 -0012: 08 -2128- 009 -0020: 082128-007-0210: 08 -2125- 007 -11270: )8- 2128 -009- 0013:
0S- 2128 -009 -0014: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN F1FFC"IIVIi DAIF_.
Additional information on the above items may be obtained in the Office of the City Clerk. 3400 NW 135 "' Street, Bldg. B. Opa- locka. Florda. All interested persons arc encouraged to attend this
meeting and will be heard with respect to the public hearing.
PIT CRSI iAN'I' f0 FS 286.0105:.4m om, nho desires to appeal am daeiciun uuide hr am hoard, agenett or rommiswon vit)t respee't to (1111 matter considered at such tneetitt, or hem ing trill nee < / record
u /7he per tiding,, and for thin reason, mar creed io emmv Moto rerhaiinn record of the proceedings is made. which record im hulac the tellimom and evidence upon n hi, h rite uppedl mal he bawd
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 "' 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 TFIF, PERSONNEL. ADMINISIRAFIVE REGULAI IONS, PROCEDURFS
AND BENEFIT EMPLOYEE HANDBOOK. AT THOSE SECTIONS STYLED ANNUAL LEAVEAND SICK LEAVE, BY PROVIDING THAT ALL AI F ECTED EMPLOYEES RECEIVL
100% PAYMENT OF THOSE ACCUMULATED BENEFITS IRRESPECTIVE OF YEARS OF EMPLOYMENT: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION. PROVIDING FOR SEVERABIL.II'Y. AND PROVIDING FOR AN EFFECTIVE DALE (first reading held on
November 12, 2014).
AN ORDINANCE OF THE CITY COMMISSION 01:1 HE CITY OF OPA- LOCKA, FLORIDA AMENDING SECTION 2 -45. STYLED "AGENDA ": 13Y PLACING CURRL N1,1TEM 2 -45
(7). " AWARDS / PROCLAMATIONS /ACKNOWLEDGEMENTS" AS NEW I I FM 245(5); BY DELETING ITEM 2- 45(9), STYLED "A REPORT FROM THE 24111 CONGRESSIONAL.
DIS "IRICT OF FLORIDA "; BY DF.LE'l ING ITEM 2 -45 (10), STYLED A REPORT FROM ANY STATE SENATORS REPRESENTING THE CITY "; BY DELETING ITEM 2- 45(11).
STYLED "A REPORT FROM ANY STATE REPRESENTATIVES REPRESENTING THE CITY; AND BY DELETING ITEM 2- 45(13), STYLED "MIAMI -DADS COUNTY FIRE
RESCUE DEPARTMENT REPORT; by amending ITEM 2 -45 (16) BY ADDING THE CONSENT AGENDA AS ITEM 2 -45 (13) AND MAKING THE CITY MANAGERS REPORT ITEM
16:13Y DELETING ITEM 2 -45 (22) STYLED "CFIY ATTORNEY'S REPORT") ' BY DELETING I' FF.M 2-45 (23) STYLED "CITY CLERK'S REPORT"); AND BY ADDING ITEM 2 -45
(20) STYLED "ADJOURNMF'NI'; PROVIDING FOR RE- NUMERING ITEMS IN SECTION 2 -45 OF THE CODE ORDINANCES; PROVIDING FOR CONFLICT AND REPEALER:
PROVIDING FOR CODIFICATION AND SEVERABILITY: PROVIDING FORAN EFFECTIVE DATE (first reading held on November 12, 2014).
AN ORDINANCE OF THE CITY COMMISSION OF TIIE CITY OF OPA- LOCKA, FLORIDA, AMENDING SFC'FION 2 -316 OF THE CITY CODE TO INCREASE. THE AMOUNT
THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES, EQUIPMENT AND SERVICES FROM FIVE THOUSAND DOLLARS ($5,000) TO TWENTY T)OUSAND
DOLLARS ($20,(100.00) WITHOUT "THE CITY COMMISSION'S APPROVAL.: PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER:
PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FORAN EFFECTIVE DAI 1: (first reading held on November 12, 2014).
RESOLUTIONS /PUBLIC HEARING:
A RESOLD ION OF THE CITY COMMISSION OF THE CI FY OF OPA LOCKA. FLORIDA. TO CONSIDER THE RE'QUES'T OF FRANK VEGA -- FLORIDA INDUSTRIAL
PROPF,RTIF.S SIX. FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE A MIXED -USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND
RETAIL USES AT 3325 NW 13511' STREET, OPA-LOCKA, FOLIO 08 -2121- 007 -2700; PROVIDING FOR INCORPORA'110N OF RECLTALS; PROVIDING FORAN EFFECTIVE DA1 E.
ARE. SOLUTION OFTHECHYCOMMISSIONOF" I' HE CITY OFOPA LOCKA. F' LORIDA, TO APPROVE ADEVELOPMEN 'rAGREEMEN'IBFI'WF,EN FRANK VESGA FLORIDA
INDUSTRIAL PROPF,RTIES SIX, AND THE CITY OF OPA -LOCKA TO CONSTRUCT AND OP1RArE A MIXED -USF TRAVEL CENTER WHICH INCLUDES COMMERCIAL.
INDUSTRIAL AND RETAIL. USES AT 3325 NW 135 "' STREF,1, OPA- LOCKA, FOLIO 08- 2121 - 007 -2700: PROVIDING FOR INCORPORATION OF RECTLALS: PROVIDING FOR
AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION O F I HE CITY OF OPA LOCKA. FLORIDA, TO CONSIDER THE REQUEST OF MERRY WILLIAMS— ACCENT CONSTRU( TION
SERVICES, INC, FOR STFF, PLAN APPROVAL FOR CON'S'rRUCIION OF A CHECK CASHING STORI: Ar 13620 NW 27 "' AVENUE. OPA- LOCKA. FOLIO 08- 2121 -007 2680:
PROVIDING FOR INCORPORATION OP RECITALS; PROVIDING FORAM EFFECTIVE DATE
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN TERRY WILL
ACCENT CONSTRUCTION SERVICES. INC., AND'I HE Cl FY OF OPA -LOCKA TO CONS] RLJC'T A CHECK CASHING STORE Ar 13620 NW 27"' AVENUE. OPA- LOCKA. 101,10
08- 2121 - 007 -2680: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FORAN EFFECTIVE DAIE:.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF DWAYNE WALKER C/0 GLORIETA PARTNERS,
LTD, FOR SITE PLAN APPROVAL. FOR NEW CONSTRUCTION AND FOR TEI' RE HABILTIATION OF A MULTI- FAMILY DEVELOPMENT Al 13180 PORT SAID ROAD, OPA-
LOCKA; 13122 PORT SAID ROAD, OPA- LOCKA: 13002 ALEXANDRIA DRIVE, OPA- LOCKA; (NO PROPERTY ADDRESS FOR THE FOURTH PARCEL: 13081 ALEXANDRIA
DRIVE. OPA-LOCKA (CITY PROPER'I`Y): 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 RESOL U FION OF THE CITY COMMISSION OF THE CTIY OF OPA- LOCKA, FLORIDA, TO APPROVE DWAYNE, WALKER C/O GLORIF,TA PARTNERS, LFD'S RF;QUES'I
TO APPROVE A DEVELOPMENT AGREEMENT FOR THF. NEW CONSTRUCTION AND FOR THE REFIABII_I AFION OF THIS MULTI- FAMILY DEVELOPMENT AT 13180
PORT SAID ROAD, OPA- LOCKA, FLORIDA, 33054; 13122 NEW SAID ROAD, OPA-LOCKA, FLORIDA, 33054; 13002 ALEXANDRIA DRIVE, OPA- LOCKA, FLORIDA, _,3054;
(NO PROPERTY ADDRESS FOR FOURTH PARCEL; 13081 ALEXANDRIA DRIVE, OPA- LOCKA, FLORIDA. 33054 (CITY PROPERTY); 13210 ALEXANDRIA DRIVE' OPA-
LOCKA, FLORIDA, 33054 (CITY PROPFRTY): SUBJECT TO RECORDING OF A UNITY OF TITLE. FOLIO NO'S: 08 -2128 -007 -0170; 08 -2128- 009 -0012: 08 -2128- 009 -0020:
08- 2128 - 007 -0210; 08-2128-007-0270:08-2128-009-0013:08-2128-009-00141 PROVIDING FOR INCORPORAFION OF RECITALS: PROVIDING FOR AN EFFECTIVE D.KIL.
Additional information on the above items may be obtained in the Office ofthe 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.
PURSUANT TO FS 286.0105: 9nrone rrlm dcsire.s to appeal am• decision made by m(v hoard, agem;r, or conmhission with respect to wry• mutter considered at site meeting or hewing mill need a record oI the
prncecdings. and (or thal reason, mar need to en.ctor that a verhatim record oI the proceeding, is made, which record includes the totinioni and evidence upon "hich the appeal mqr he basal.
JOANNA FLORES, CMC
CITY CLERK
City of Opa -Locka
Agenda Cover Memo
Commission
Item Type:
Resolution
Ordinance
Other
X
Meeting Date:
December 10, 2014
(EnterX in
box)
Ordinance Reading:
1S
2 "d Reading
Yes
No
(EnterX in box)
Reading
Fiscal Impact:
(Enter X 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 E�]
Related
Bus. & Economic Dev
N/A
(Enter X in box)
X
Public Safety
Quality of Education
Qual. of Life & City ImageM
Communication ID
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 Dwayne
Walker C/O Glorieta Partners, LTD, for approval of a Development Agreement for the new
construction and for the rehabilitation of this multi - family development at 13180 Port Said Road,
Opa- locks, FL 33054;13122 Port Said Road, Opa- locka, FL 33054; 13002 Alexandria Drive, Opa-
locka, FL 33054; (No Property Address for the Fourth Parcel);13081 Alexandria Drive, Opa- locka,
FL 33054 (City Property); 13210 Alexandria Drive, Opa- locks, FL 33054; (City Property) Subject
to recording a unity of title. Folios: 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.
Glorieta Partners, LTD DA12 -2 -14 1
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 -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 December 2, 2014. At
this meeting, the Planning Council's motion to recommend approvalof the development
agreement was approved by a vote of 3 -.OThe 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 12 -2 -2014
Planning Council Application
Glorieta Partners, LTD DA12 -2 -14 2
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence Pinder, Commissi er
Joseph L. Kelley, Commissi er
Luis B. Santiago, Commissio er
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 DWAYNE WALKER C/O GLORIETA
PARTNERS, LTD, FOR APPROVAL OF A DEVELOPMENT AGREEMENT FOR THE
NEW CONSTRUCTION AND FOR THE REHABILITATION OF THIS MULTI - FAMILY
DEVELOPMENT AT 13180 Port Said Road, Opa- locka, FL 33054;13122 Port Said
Road, Opa- locka, FL 33054; 13002 Alexandria Drive, Opa- locka, FL 33054; (No
Property Address for the Fourth Parcel);13081 Alexandria Drive, Opa- locka, FL
33054 (City Property); 13210 Alexandria Drive, Opa- locka, FL 33054; (City
Property) Subject to recording a unity of title. Folios: 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.
Request:
Resolution of the City Commission of the City of Opa -locka to consider the request of
Dwayne Walker C/O Glorieta Partners, LTD, for approval of a Development Agreement
for the new construction and for the rehabilitation of this multi - family development at
13180 Port Said Road, Opa- locka, FL 33054;13122 Port Said Road, Opa- locka, FL
33054; 13002 Alexandria Drive, Opa- locks, FL 33054; (No Property Address for the
Fourth Parcel);13081 Alexandria Drive, Opa- locka, FL 33054 (City Property); 13210
Alexandria Drive, Opa- locka, FL 33054; (City Property) Subject to recording a unity of
title. Folios: 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.
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
Glorieta Partners, LTD DA 12 -2 -14 1
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 December 2, 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
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
Glorieta Partners, LTD DA 12 -2 -14 2
Attachment(s)
Planning Council Meeting Minutes 12 -2 -2014;
Site Plan Checklist
Planning Council Application
Site Plan Report
Prepared By: Gerald Lee, Zoning Official
Gregory Gay, Director
Community Development Department
Glorieta Partners, LTD DA 12 -2 -14 3
" THE GREAT CITY "
1PLANNINO COUNCIL APPLICATION
Received:
By:
Tate:
APPLICATION NUMBER: 1`l (a --ba' Qkj -mCx NUMBER: �D ___DATE RECEIVED: l I (o
PROPERTY OWNER'S NAME:,t_L;2gfe A fN („^riz
PROPERTY OWNER'S ADDRESS: '5_9 10 A 0! .g � Own 0c-jJ V_! r, -53
Number /Street City State /Zip Code
APPLICANT'S NAME: _V!Ag ,} 1nJ�L.K G�v Gi A�r"li' C440P�
APPLICANT'S ADDRESS: $ ° V. n jLAT-A � 19.6t ay ZELVA t "g4mf t , 3SgL
NumberNtreet City State/Zip Code
PHONE NUMBER: OFFICE (Vr_: } GZ ?_T9p, X 2"_IOME OTHER
SUBJECT PROPERTY ADDRESS: 151'90 Pof—T- 5,A
Number /Street
TAX FOLIO NUMBER: _SCSI' u &-r— PRESENT ZONING: iL-^
LEGAL DESCRIPTION: S;arzW 9-OL46y
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
V""Other — Please specify:
A4F,
Add any additional information that may be of importance to this request:
Reference to Ordinance 13 -08
Section 4.13 and 4.4
Received:
Icy:
T.Date:
Page 3 of 5
PLANNING COUNCIL APPLICATION
(tC>he &Hs>t)
Applications will not be accepted without the following data. For a public hearing, all items below are necessary
and must be submitted.
Completed application form
Application fee payable to the City of Opa -locks by check or money order
Copy of property owner's and /or a licant's driver license /photo T.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, musf be submitted on CD -Rom disc in Cad
format and PDF.
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 ordnance; (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 must be submitted with application
AFFIDAVIT
being first duly sworn., depose and say that I am the OWNER of the property and 1
underst t s ap ' ati must be complete and accurate before a public hearing can be advertised.
S nature
Date T
Sworn to and subscribed before me:
This ��day of 2.,0 / y
ublic
My commission expires
Notary P %
Attach copy o ti �-
,
'- MY COMMISSION # EE134037
EXPIRES October 24, 2015
38� -0153 Poriaanotayservioe.cam
Reverence to Ordinance 13 -48 4$Y) - -
Section 4.13 and 4.4
Received:
By:
Date:
Page Q of 5
PLANNING COUNCIL APPLICATION
POWER OF ATTORNEY
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 PIaruring Council unless a notarized copy of this Power of Attoacy is submitted.
To: City of Opa -locka
Prom:
r / A i A !�
r ► ^ `• V
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's bee /half).
being first duly sworn, depose and say that I am t e o
of the property legally described as: N
I do give to y — 115L ( (� 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 to negotiate and commit to the City Commission and City
Adrn.i do A H7h#. I will abide by all final determinations of the City Commission and City Administration.
h°•
4 r
o a zZ
.._.__. _. .........._.-.- --
Date I
Sworn to and subscribed before me:
This—i 11h day of eq &V ��i/C ? %y
I
f
My commission expires:
Notary Pub is ._.. --
�Y O �
Attach copy of identification �. .= MY COMMISSION # EE 13,4()37
EXPIRES October 24, 2075
E4py) p g )3 F NOtnrySarvice,com
Reference to Ordinance 13-08
Section 4.13 and 4.4
Tax Folio !Numbers in complex
folio #
area description
08- 2128 -007 -0170
Leasing Office & lawn
08- 2128 - 009 -0012
East Complex
08- 2128 -009 -0020
City retention area
08- 2128 -007 -0210
West Complex
08 -2128- 007 -0270
new City parcel
08 -2128- 009 -0013
County Easement
08 -2128- 009 -0014
vacant house,
NARRATIVE OF CONCEPT
I Detailed Property Description of the Gardens, Opa Locka, Florida
The Garden's Apartments are comprised of .three properties (two sites) called Alexandria West,
Alexandria East and Aswan, totaling 328 units. Alexandria East and West are situated at 13280 Port Said
Road and contain 269 existing rental apartment units in 7 buildings. The Aswan project, located two to
three blocks northeast of the Alexandria site, has a street address at 13436 Aswan Road and contains a
total of 59 existing units in two buildings. The total combined apartment community consists of 328
units located on approximately 15.7 acres. The project is subject to a project based mousing Assistance
Payments Renewal Contract for all 328 units.
The rehabilitation will include new construction and rehabilitation of the existing multifamily property.
The subject will receive a new-clubhouse with community meeting room, police sub - station, laundry
facilities, state -of -the art security camera system, two play grounds and new landscaping. To improve
traffic circulation and security, a total of 8 units will be demolished and replaced with 10 units, adding
one for management and one for security. The existing Port Said Road entry will be closed and a new
entry will located off Alexandria Drive.
Construction is anticipated to commence 4Q2014 and take approximately 14 months. Total
construction costs are estimated at $15,486,844, or $47,216 per unit.
T id
Citv of Ona - LockA
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3262.00
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3262.00
11/26/14 Glorietta Developer's Agreement
CHECK 11/26/14
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3262.00
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DATE
NUMBER
DATE
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DATE
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DOUMENT HAS A COLORED BACKGROUND ON Wt
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Record and Return to: (enclose self - addressed stamped envelope)
W.Terry Costolo, Esq.
2221 Bluff Oak Street
Apopka, Florida 32712
This Instrument Prepared by:
W. Terry Costolo, Esq.
2221 Bluff Oak Street
Apopka, Florida 32712
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA- LOCKA,
FLORIDA AND GLORIETA PARTNERS, LTD.
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this day of
, 2015 "Execution Date ") by and between Glorieta Partners, Ltd., a Florida limited partnership,
its successors, assigns and heirs, whose mailing address is 8895NorthWitaty Trail, Suite 10113, Palm Beach
Gardens, Florida 33410 ('Developer "), and the City of Opa- Locka, Florida, a municipal corporation and a
political subdivision of the State of Florida, whose mailing address is 3400 NW 135' Street, Bldg. B, Opa- Locka,
Florida 33054 {the "City").
WITNESSETH:
WHEREAS, Developer is the contract purchaser of approximately_ acres of land located at
Alexandria Drive and Aswan Drive within the municipal boundaries of the City and identified by
Miami -Dade County Tax Folio No. ( "Parent Parcel "), the legal
descriptions of which are attached hereto and made a part hereof as Exhibit "A "; and
WHEREAS, Developer is also the contract purchaser of approximately acres of land located at
Alexandria Drive within the municipal boundaries of the City which abuts the Parent Parcel and
identified by Miami -Dade County Tax Folio No, ( "Adjacent Parcel "), the
legal description of which is attached hereto and made a part hereof as Exhibit "B "; and
WHEREAS, the City is the fee simple owner of approximately
------------------ - - - - -- and identified by Miami -Dade County Tax Folio No.
legal description of which is attached hereto and made apart hereof as Exhibit "C"
acres of land located at
; and
( "Tract 303 "), the
WHEREAS, the City is also the fee simple owner of approximately ^ acres of land c u rr ently
used as a retention pond as leased to Developer's seller located at ---------------------------------------------------------
and identified by Miami -Dade County Tax Folio No. ( "Retention Tract "), the legal description
of which is attached hereto and made a part hereof as Exhibit "D ";and
WHEREAS, the Parent Tract is currently used and occupied as "The Gardens," a unit multi-
family rental housing project which was the subject of that certain Acquisition and Development Agreement
dated as of December 3, 1.991 by and between the City and Creative Choice Management, Inc. (the "Existing
Development Agreement "); and
WHEREAS, the Developer and the City intend to enter into a ground lease with respect to Tract 303 in
order that Developer may construct improvements consisting of a community center, police substation and park
for the benefit of the City and a clubhouse, leasing office, laundry facility and teaching center for its own use
and the use of its residents (the "Tract 303 Lease "); and
WHEREAS, the Developer and the City intend to allow the Developer to assume the ground lease
tenancy with respect to the Retention Tract in order that Developer may agree to additional duties with respect
to the care and upkeep of the Retention Tract; and
WHEREAS, the Developer intends to rehabilitate the Parent Tract by demolishing the existing leasing
center and eight (8) apartment units, and constructing ten (10) new apartment units and updating the roadways
and traffic pattern within the Parent Tract; and
WHEREAS, pursuant to Resolution Number
Conu- nission approved a master site plan for the
Retention Tract (collectively, the "Property ") to
"Project "); and
adopted on the City
Parent Parcel, the Adjacent Parcel, Tract 303 and the
[low for the foregoing improvements (collectively, the
WHEREAS, the Developer, and the City desire to establish certain terms and conditions related to the
Project and wish to establish identifiable parameters for future development on the Property; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement Act (the "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, esr -date 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 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, pursuant to Resolution Number , adopted on , the City Commission
authorized the City Manager to execute this Agreement upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the
the Developer and City agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All
exhibits to this Agreement are hereby deemed a part hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited and providedfor under
this Agreement constitute substantial benefits to both parties and thus adequate consideration for this
Agreement.
3. Definitions.
a. "Additional Term" any one 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 Developer
and the 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 City's comprehensive plan adopted by the City pursuant to Chapter
163, F.S.
e. "Developer" means the persons or entities undertaking the development of the Property, as outlined in
the preamble to this Agreement.
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 which is thirty days after this Agreement is recorded with the clerk of the
circuit court in and for Miami -Dade County.
1. "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the
Additional Term, as defined herein.
J. "Execution Date" is the date that all parties have affixed their signatures to this Agreement.
k. "Existing Zoning" (a) all entitlements associated with the City's approval of the Master Site Plan, and
(b) the provisions of the City's 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.
"Master Site Plan" is the Final Site Plan approved by the City Commission pursuant to Resolution
Number for the development of the Property, a copy of which is attached hereto as Exhibit
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 -Locks affecting the development of land in effect as of
the Effective Date, including the City's Land Development Regulation Code, the Ordinance and the
Resolution (as defined herein).
"Project" means the multi - family housing development consisting of residential units to be located
on the Property, together with the clubhouse, community center, park, police substation, leasing office, and
laundry facility.
s. "Property" means the approximately acres of land located comprising the Parent Parcel, Adjacent
Parcel, Tract 303 and the Retention Tract,
"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 City of Opa -Locka Resolution Number approving the Master Site Plan.
4. Intent. It is the intent of the Developer 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 1633220 through 163.3243, ES., ( "Act "), in
compliance with section 4.16 of the City of Opa- Locka'S Land Development Regulation Code 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, the Agreement with the clerk of the circuit court
for Miami -Dade County. Notwithstanding the Effective Date provided herein and required by Section
163.3239, F.S.,the City and the Developer shall act in good faith to carry out the intent of the
Agreement upon the Execution Date.
Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full
force and effect, and shall bind all parties hereto, including all persons claiming rights and
entitlements hereunder. Consent to any extension of this Agreement requires approval of all
parties to this Agreement. In accordance with Section 163.3227(b), ES., the Initial Term of this
Agreement is thirty (30) years commencing on the Effective Date._ Any one or more additional
term(s) shall be approved by mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
7. Expiration / Termination / Default
Upon the expiration of the agreement, the city shall have ability and the rights under its police power
to adopt zoning regulations not inconsistent with the rights granted hereunder. In the event of
termination of default, no further rights under this agreement shall exist, whether brought under a
claim of vested right, equitable estoppels or otherwise.
8. Development Uses Permitted on the Property.
In accordance with Section 163.3227(c), F.S.:
Parent Parcel and Adjacent Parcel shall be used as a unit multi - family housing project.
Tract 303 shall be used as a community center, Guard Gate - House, park and police substation for the
benefit of the City and as a clubhouse, leasing office and laundry facility for use by Developer and its
residents.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Developer 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
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 at the time of this Agreement, by Miami -Dade
County, Florida, or voluntarily proposed by the Developer to be installed by Developer shall either: (1)
be constructed in accordance with applicable governmental regulations prior to the issuance of a
Certificate of Occupancy of the Project; or (2) be guaranteed to the City by a cash bond or letter of
credit. Said security shall be provided prior to the issuance of the first building permit.
Developer 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 Master Site Plan.
cc. The developer shall process the vacation of an approximate feet by feet for a total-of
square feet parcel within the existing right of way of Alexandria Drive in order to accommodate the
location of a prefabricated security cabin, and related accessories as reflected on the Site Plan (the
"Security Cabin Parcel "), which parcel shall be vacated no later than the issuance of a certificate of
occupancy for the community center.
d. Developer guarantees to preserve and maintain all buildings and structures consistent with the Master
Site Plan for the entire period in which the Developer owns the land.
e. Developer shall submit annual reports and additional documentation as requested by the City to verify
continuing compliance with the Resolution and the Master Site Plan. Such reports shall also provide
data on the Developer's local hiring efforts.
f. Developer will not physically alter or substitute the design of structures, materials and colors included
in the Master Site Plan except as approved by City staff. In the event that buildingmaterials or colors
are no longer available, the burden shall be on Developer to prove that said materials or colors are in
fact unavailable.
g. Developer agrees that the City may enter onto the Property to confirm compliance with the terms of
this Agreement. Developer agrees to comply with City of Opa -Locka Resolution Number 5058 (the
Fair Share Agreement Resolution).
h, The Property may receive a tax bill from Miami -Dade County Tax Assessor. In the event that
happens, Developer or Owners shall pay all taxes and assessments associated with the
Property. If the Property now or in the future qualifies for an exemption under sec 196.1978,
F.S., or any other exemption under applicable law, payment in lieu taxes shall be calculated
and rendered annually to the City inNovember ofthe applicable year(s).
i. In the event the Property qualifies for any exemption under laws of the county, state or federal
government, then the Developer or interested party shall be required to make an annual
payment to the City in lieu of taxes in amount equivalent to the additional real estate taxes
that would otherwise be due to the City if the Property were not so exempt.
m. The Developer shall make their best faith efforts to hire residents within the City limits for
employment opportunities at the Project. As part of this effort, the Developer shall direct the
general contractor to work with the local Career Source to hire as many City residents as
possible and also direct the general contractor to use local material suppliers when financially
feasible.
n. The Developer and its property manager shall use their best efforts to hire Project residents
for management services and maintenance in the Project.
o. The Developer shall undertake regular maintenance of the Retention Tract, including
mosquito and weed control.
The City agrees that it shall conduct the following:
a. Maintain the curb, gutter, and sidewalk improvements installed in the public rights of way
upon permit issuance.
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City may need to approve
the following additional Development Permits upon proper submission of all applications, and City
review or inspections, in order for the Developer to develop the Project:
a. Modifications to existing approvals and permits, including the Master Site Plan;
b. Replat of the combined Parent Parcel and Adjacent Parcel;
c. Water, sewer, paving and drainage permits;
d. Building permits;
e. Sign permits;
f. Certificates of use and occupancy; and
g- Any other official action of the City and/or Miami -Dade County, Florida or other applicable
regulatory agencies having the effect of permitting the development of land or providing
permits required for the development of land;
h. vacation of a portion of Alexandria Drive denoted as the Security Cabin and related accessories
Parcel.
11. Public Services and Facilities:, Concurrency In accordance with Section 163.3227(d), F.S., the
City and Developer 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 and the City. For the purposes of concurrency, the City hereby agrees, as applicable, to
provide, reserve, and allocate sufficient public facility capacity, including but not limited to
transportation, water, sanitary sewer, solid waste, drainage, parks and recreational, schools, fire
and police to serve the Project. All Development Orders or permits sought to be issued for the
Project pursuant to this Agreement must be to meet concurrency standards set forth in the
Comprehensive Plan (concurrency regulations) and to be consistent with Land Development
Regulations assuming that the Developer constructs the Property in substantial compliance with
the Master Site Plan, the City's Laws, Comprehensive Plan and Land Development Regulations in
existence as of the Effective Date. Developer 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 of theg requirement to pay impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S., the City
hereby finds and declares that the Project complies with the Laws, ordinances, regulations and
policies of the City's Comprehensive Plan and Land Development Regulations.
13.Reservation of Development Rights—Except as otherwise provided in the Act for the Entire Term
of this Agreement, the City hereby agrees that it shall permit the development of the Project in
accordance with the Laws of the City of Opa- Locka, including the City's Comprehensive Plan and
Land Development Regulations, as of the Effective Date of this Agreement, subject to the
conditions of this Agreement. Except as otherwise provided in the Act, the City's Laws and
policies governing the development of the Property as of the Effective Date of this Agreement
shall govern the development of the Property for the Entire Term of this Agreement. Development
of the Property as outlined herein shall not be subject to any future changes to the Laws of the
City, including the City's Land Development Regulations and Comprehensive Plan designation
after the Effective Date and during the Entire Tenn of this Agreement, except to the extent that
Developer consents to such changes and except as otherwise provided in the Act. The City may
apply subsequently adopted laws or policies to the Property only as permitted or required by the
Act or as provided above.
14.Zoning and Other Approvals . The parties hereto recognize and agree that certain provisions of
this Agreement require the City and its boards, departments or agencies, acting in their
governmental capacity, to consider governmental actions, as set forth in this Agreement. All such
considerations and actions shall be undertaken in accordance with established requirements of
state statutes and municipal ordinances, in the exercise of the City's;, jurisdiction under the police
power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its
police power to approve, approve with conditions, or deny any public hearing application
associated with the Property.
15.Necessity of Complying with Local Regulations Relative to Development Permits. In
accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be construed as a
Development Permit or authorization to commence development. The Developer 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 of the
necessity of complying with any and all regulations governing said permitting requirements,
conditions, fees, terms or restrictions as long as compliance with said regulation and requirements
do not require the Developer to develop the Property in a manner that is inconsistent with the
Laws of the City of Opa -locka in existence as of the Effective Date.
16.Good Faith; Further Assurances The parties to this Agreement have negotiated in good faith. It
is the intent and agreement of the parties that they shall cooperate with each other in good faith to
effectuate the purposes and intent of, and to satisfy their obligations under this Agreement in order
to secure to themselves the mutual benefits created under this Agreement. In that regard, the
parties shall execute such further documents as may be reasonably necessary to effectuate the
provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit,
restrict, or require the exercise of the City's police power or actions of the City when acting in a
quasi-judicial capacity
E
17.Notices. Any notice required or permitted to be given under this Agreement shall be in writing and
shall be deemed to have been given if delivered by hand, sent by a recognized courier (such as
Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage
prepaid envelope and addressed as follows:
lfto the City at: City 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,
100 W Cypress Creek Road
Suite 700
Fort Lauderdale, Florida 33309
If to the Developer at: Glorieta Partners, Ltd.
8895 North Military
Trail, Suite lO1B
Palm Beach Gardens,
Florida 33410
18. 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 the City agree that Miami -
Dade County, Florida is the appropriate venue in connection with any litigation between the parties
with respect to this Agreement. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly
construed against any of the parties hereto. In construing this Agreement, captions, and section and
paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are
incorporated in, and made a part of, this Agreement. In the event of any litigation between the
parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this
Agreement which are applicable to and preclude the parties' compliance with the terms of this
Agreement, such Agreement shall be modified or revoked as is necessary to comply with the
relevant state or federal laws.
19. Severability. In the event that any term or provision of this Agreement is determined by an
appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or construed as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties
hereto relating in any way to the subject matter contained herein and merges all prior discussions
between the Developer and the City. Neither party shall be bound by any agreement, condition,
warranty or representation other than as expressly stated in this Agreement.
This Agreement may not be amended or modified except by written instrument signed by the parties
hereto, or their successors in interest.
21. Indemnification. The Developer shall indemnify and hold harmless the City and its elected and
appointed officials, employees, agents and assigns from and against any claims or litigation arising
from this Agreement.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the
Property subject to this Agreement at least once every 12 months to determine if there has been
demonstrated good faith compliance with the terms of this Agreement. If the City finds, on the basis
of substantial competent evidence, that there has been a failure to comply with the terms of this
Agreement, this Agreement may be revoked or modified by the City after a public hearing and
notice to the Developer.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
CITY:
CITY OF OPA -LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: Day of , 2015
Approved for from and legal sufficiency:
City Attorney:
{ SIGNATURE PAGES FOLLOW]
11
17WIVA111 12 :1:7
WITNESS:
STATE OF FLORIDA
SS-
COUNTY OF MIAMI DADE )
GLORIETA PARTNERS, LTD.
BY: New Vision Glorieta, LLC, its general partner
By:
Kenneth Weiss
Title: Manager
Dated this day of 2015
The foregoing instrument was acknowledged before me this day of 2015, by Kenneth
Weiss, as manager ofNew Vision. Glorieta, i T C, a Florida limited liability company, on behalf ofilk oompany as genet -al
partner of Glenda Fattnets, Ltd, a Florida limited pannership, who is personally known to me or has produce identification,
and acknowledged that s/he did execute this instrument freely and voluntarily for the purpose's stated herein.
My Commissions Expire:
13
Notary Public, State of Florida
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