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HomeMy Public PortalAbout19-9621 Development Agreement with High Seas Trading Sponsored by: City Manager RESOLUTION NO. 19-9621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT WITH HIGH SEAS TRADING COMPANY FOR THE CONSTRUCTION OF A WAREHOUSE STORAGE BUILDING ON THE VACANT LOT IDENTIFIED BY FOLIO 08-2122-025-0620 AND FOR SITE IMPROVEMENTS TO THE PROPERTY AT 14985 NW 27 AVENUE, IDENTIFIED BY FOLIO 08-2122-025-0550, IN THE I-1 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, High Seas Trading Company seeks approval from the City of Opa- locka("City") to construct a warehouse storage building; and WHEREAS, the proposed 7,200 square foot storage building is compatible with the buildings and the operations in the geographic area between NW 27 Avenue and NW 22 Court; and WHEREAS, the Planning and Zoning Board recommended approval by a 3-0 vote; and WHEREAS, the City Commission of the City of Opa-locka finds that it is in the best interest of the City to approve the Development Agreement with High Seas Trading Company. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka hereby approves the Development Agreement with High Seas Trading Company substantially in the form attached. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. OVP I.00k4 o� o U jn rOq� RYf O d Memorandum TO: Newall Daughtrey Interim City Manager FROM: Gregory Gay Director Gerald Lee, Zoning Official/Pla er Planning & Community Development DATE: February 8, 2019 RE: City Commission Agenda for 2-27-19 The Planning & Community Development Department received this development review request and P&CD Department staff have reviewed this request and determined it is complete. This item was presented to the P&Z Board on September 25, 2018 and after their review the P&Z Board recommended approval of this request which is now being forwarded to the City Commission for final review and approval or approval with conditions or for denial as required by Zoning Ordinance 15-31 and the City Code. The individual request and the specifics of the review is listed below. The Applicant, Eusebio M. Mora (Architect) c/o High Seas Trading Company is also requesting approval of the Development Agreement which memorializes the site plan as required by zoning Ordinance 15-31. The P&Z Board has recommended approval of this Development Agreement. P&CD Staff have recommended approval as the site plan complies with all of the requirements of the zoning regulations. END OF MEMORANDUM City Commission Agenda Item-Zoning Review Request Summary 2-27-19 cr r City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director mature: Finance Director: Bryan Hamilton FD Signature: 0E4 Department t14.4 City Manager: Newall J. Daughtrey CM Signature: NALL1&ilif*.■. Commission Meeting Item Type: Resolution I •inan • :then Date: 02-27-19 X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd (Enter X in box) Yes No (Enter X in box) Reading X X Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: (Enter Fund Advertising Requirement: Yes No &Dept) (Enter X in box) Account#: Ex: X PTP Contract/P.O.Required: Yes No RFP/RFQ/Bi#: N/A (Enter X in box) Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan (Enter X in box) Enhance Organizational p Obj./Strategy: (list the specific X Bus.&Economic Dev • objective/strategy this item will Public Safety p address) Quality of Education Qual.of Life&City Image p _ Communcation Sponsor Name City Department: Planning&Community City Manager Manager Development Short Title: A Resolution of the of the City Commission of the City of Opa-locka, Florida, recommending approval of the Development Agreement for the construction of a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 Avenue, identified by folio 08-2122-025-0550, in the I-1 Zoning District; Providing for an effective date. Staff Summary: High Seas Trading Company through their Architect, Eusebio M. Mora presented two requests to Planning & Community Development Department Staff to be forwarded to the Planning & Zoning Board for their review and approval recommendation to construct a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 Avenue, identified by folio 08-2122-025-0550 in the I-1 zoning district. The development and redevelopment on these parcels Resolution-High Seas Trading Company SP 2-27-19 are shown on the site plan. The second request before the Planning & Zoning Board is for review and approval recommendation of the Development Agreement for the construction of a warehouse storage building on the vacant lot and for the redevelopment improvements being made on the property at 14985 NW 27 Avenue in accordance with the City Zoning Code, Ordinance 15-31. Background The request proposed, is to approve the construction of a warehouse storage building with trucking docks to develop this vacant lot as a part of the expansion of the operation at 14985 NW 27th Avenue, Opa-locka, Florida. This development on the vacant property and the redevelopment and enhancement of the property at 14985 NW 27th Avenue will improve the business operation of High Seas Trading Company while complying with City zoning regulations. The new 7,200 square foot storage building is compatible with the buildings and the operations in this geographic area between NW 27 Avenue and NW 22 Court. This improvement is aligned with the general character of the area where other wholesale, manufacturing, fabrication businesses already exist and the use is compatible with the surrounding uses. The zoning of the surrounding properties are I-1 and 1-2 to the South, on the East are 1-2 properties, on the West are B- 2 and R-1 zoned properties and to the North are Civic and R-1 zoned properties. The properties on the West are separated by NW 27 Avenue and they are not in the industrial zoning district. This use is compatible with the uses of the zoning districts listed. This use is permitted within the I-1 zoning district and the use is in harmony with the general character of the surrounding neighborhood business operations. The proposed use is in harmony with the surrounding industrial uses which includes major and minor manufacturing and product processing as well as mechanical and body repair of vehicles, auto broker operations, wholesale storage and distribution of products, construction trade operations, fleet operations, retail facility, vehicle fueling station, etc. This site is reserved for industrial uses based on the standards of the I-1 zoning district and the corridor mixed use overlay. This is compatible with the established uses. The site plan provides that for this 86,000 square foot combined site and the applicant is providing 45 trees of four different species and 300 shrubs. The plan provides for no ground cover of specific areas by St Augustine grass This request is in conformance with City Land Development Regulation 15-31. Proposed Action: Staff has recommended approval of this Development Agreement. Attachment: P&Z Application Package P &Z Board Meeting Minutes 9-25-18 DRAFT Resolution-DA Resolution-High Seas Trading Company SP 2-27-19 09C'L°ekO <9 a ,CO9R'O FPi EO Memorandum TO: Matthew A. Pigatt, Mayor Chris Davis, Vice Mayor Sherelean Bass, Commissioner Alvin Burke, Commissioner Joseph L. Kelley, Commissioner FROM: Newell J. Daughtrey, Interim City Manager DATE: January 31, 2019 RE: A Resolution of the City Commission of the City of Opa-locka, Florida, recommending approval of the Development Agreement for the construction of a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 Avenue, identified by folio 08-2122-025- 0550, in the I-1 Zoning District; Providing for an effective date. Request: High Seas Trading Company through their Architect, Eusebio M. Mora presented two requests to Planning & Community Development Department Staff to be forwarded to the Planning & Zoning Board for their review and approval recommendation to construct a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 Avenue, identified by folio 08- 2122-025-0550 in the I-1 zoning district. The development and redevelopment on these parcels are shown on the site plan. The second request before the Planning & Zoning Board is for review and approval recommendation of the Development Agreement for the construction of a warehouse storage building on the vacant lot and for the redevelopment improvements being made on the property at 14985 NW 27 Avenue in accordance with the City Zoning Code, Ordinance 15-31. Background: The request proposed, is to approve the construction of a warehouse storage building with trucking docks to develop this vacant lot as a part of the expansion of the operation at 14985 NW 27th Avenue, Opa-locka, Florida. This development on the vacant property and the redevelopment and enhancement of the property at 14985 NW 27th Avenue will improve the business operation of High Seas Trading Company while complying with City zoning regulations. The new 7,200 square foot storage building is compatible with the buildings and the operations in this geographic area between NW 27 Avenue and NW 22 Court. This improvement is aligned with the general character of the area where other wholesale, manufacturing, fabrication businesses already exist and the use is compatible with the surrounding uses. The zoning of the surrounding Resolution High Seas Trading Company E Mora DA 2-27-19 properties are I-1 and 1-2 to the South, on the East are 1-2 properties, on the West are B-2 and R-1 zoned properties and to the North are Civic and R-1 zoned properties. The properties on the West are separated by NW 27 Avenue and they are not in the industrial zoning district. This use is compatible with the uses of the zoning districts listed. This use is permitted within the I-1 zoning district and the use is in harmony with the general character of the surrounding neighborhood business operations. The proposed use is in harmony with the surrounding industrial uses which includes major and minor manufacturing and product processing as well as mechanical and body repair of vehicles, auto broker operations, wholesale storage and distribution of products, construction trade operations, fleet operations, retail facility, vehicle fueling station, etc. This site is reserved for industrial uses based on the standards of the I-1 zoning district and the corridor mixed use overlay. This is compatible with the established uses. The site plan provides that for this 86,000 square foot combined site and the applicant is providing 45 trees of four different species and 300 shrubs. The plan provides for no ground cover of specific areas by St Augustine grass This request is in conformance with City Land Development Regulation 15-31. Financial Impact: There is no financial impact to the City to approve this Resolution. Implementation Time Line: Immediately Legislative History: N/A Staff Recommendation: Staff recommends approval of this Development Agreement Planning & Zoning Board Recommendation: P&Z Board Recommended Approval 3-0 Vote Attachment(s) P&Z Application Package P&Z Staff Report P&Z Board Minutes September 25, 2018 DRAFT Resolution Prepared By: Planning & Community Development Dept. Gregory Gay, Director Gerald Lee, Zoning Official Resolution High Seas Trading Company E Mora-DA 2-27-19 2 I: 4, Ds.12* PLANNING & ZONING MEETING TUESDAY, September 25, 2018 ROLL CALL: The Planning Council of the City of Opa-locka, Miami-Dade County, met in a special session on Tuesday, September 25, 2018 at 7: 05 p.m. at Sherbondy Village, 215 Perviz Avenue. The following members of the Planning & Zoning Meeting were present: Board Member Elio Guerrero, Board Member Lloyd Tyler, & Chairman Calvin Russell. Absent Board Members: Board Member Germane Barnes, Board Member Dawn Mangharn, & Board Member Rose Tydus Also in Attendance were Planning & Community Development Director, Gregory Gay. Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and Attorney Vincent Brown. l l INVOCATION AND PLEDGE: Board Member Lloyd Tyler led the Prayer and the Pledge of Allegiance was stated after the Prayer. ill APPROVAL OF MINUTES: Discussion of Minutes from July 31, 2018 Meeting Chairman Calvin Russell asked if a motion could be made to have the minutes approved from July 31, 2018 meeting. Board Member Elio Guerrero made a motion to approve the minutes. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Lloyd Tyler - Yes Rose Tydus - Yes Calvin Russell - Yes 1 � IV. PUBLIC HEARING: 1. MIAMI BOBCAT SERVICES, INC/JAIRO DELGADO 12900 NW 31 AVENUE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE, CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF MINIMUM LOT COVERAGE VARIANCE FOR THE PROPERTY AT 12900 NW 31ST AVENUE, OPA-LOCKA, FL 33054 AND IDENTIFIED BY FOLIO 08-2128-004-0471 IN THE 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant, Miami Bobcat Services. Inc came before the Planning & Zoning Board and made a presentation concerning their site plan. Once Miami Bobcat Services. Inc finished their presentation. the Chairman asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion to approve the request recommending approval of minimum lot coverage variance for the property at 1 2900 NW 31' Avenue. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 2. MIAMI BOBCAT SERVICES, INC/.iAIRO DELGADO 12900 NW 31 AVENUE, OPA-LOCKA_ FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL FOR FINAL SITE PLAN REVIEW TO OPERATE A CONSTRUCTION COMPANY AT 12900 NW 31sT AVENUE, OPA-LOCILA, 33054 AND IDENTIFIED BY 'OLIO 08-2128- 004-0471 IN THE 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant. Miami Bobcat Services_ Inc came before the Planning & Zoning Board and made a presentation concerning their site plan. Once Miami Bobcat Services. Inc finished their presentation. the Chairman asked all board members do they have any questions. There were. 21 some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion to approve the request recommending approval for final site plan review to operate a construction company at 12900 NW 31' Avenue. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes NOB I-IILL ENTERPRISES, lNC/1VIIKEL ISAAC 3. (PROPOSED) 3760 NW 135TH STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOIVIIVIENDING APPROVAL OF THE SITE PLAN REVIEW AS A SPECIAL EXCEPTION TO OPERATE AN AUTO SERVICE STATION AT THE SOUTH WEST CORNER OF NW 135TH STREET AND THE LEJEUNE DOUGLAS CONNECTOR, OPA-LOCKA, FL 33054 AND IDENTIFIED BY FOLIOS 08-2129-019-0010 AND 08-2129-019-0020 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant, Nob Hill Enterprises, Inc came before the Planning & Zoning Board and made a presentation concerning their site plan. Once Nob Hill Enterprises, Inc finished their presentation, the Chairman asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion to approve the request recommending approval for site plan review to operate an auto service station at the south west corner of NW 135`h Street & Lejeune Douglas Connector. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 31 NOB HILL ENTERPRISES, INC/MIKEL ISAAC 4. (PROPOSED) 3760 NW 1351" STREET, OPA-LOCKA. FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE SETE PLAN REVIEW AS A SPECIAL EXCEPTION TO OPERATE AN AUTO SERVICE STATION AT THE SOUTH WEST CORNER OF ITV 135TH STREET AND THE LEJEUNE DOUGLAS CONNECTOR, OPA-LOCKA, FL 33054 AND IDENTIFIED BY FOLIOS 08-2129-019-0010 AND 08-2129-019-0020 IN THE 1-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant, Nob Hill Enterprises. Inc came before the Planning & Zoning Board and made a presentation concerning their site plan. Once Nob Hill Enterprises, Inc finished their presentation. the Chairman asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion recommending approval of the development agreement for an auto service station at the south west corner of NW 135`" Street & Lejeune Douglas Connector. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 41 HIGH SEAS TRADING COMPANY/EUSEBIO M. i'IORA 5. 14985 NW 27TH AVENUE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE FINAL SITE PLAN TO CONSTRUCT A WAREHOUSE STORAGE BUILDING ON THE VACANT LOT IDENTIFIED BY FOLIO 08-2122-025-0620 AND FOR SITE IMPROVEMENTS TO THE PROPERTY AT 14985 NW 27 AVENUE, IDIENTIFIED BY FOLIO 08-2122-025-0550, IN THE 1-1 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant, High Seas Trading Company/Eusebio M. Mora came before the Planning & Zoning Board and made a presentation concerning their site plan. Once High Seas Trading Company/Eusebio M. Mora finished their presentation, the Chairman asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion to approve the final site plan to construct a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 avenue, identified by folio 08-2122-025-0550 in the 1-1 zoning district. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 5 I - HIGH SEAS TRADING COMPANY/EUSEBIO NI. MORA 6, 14985 NW 271" AVENUE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A WAREHOUSE STORAGE BUILDING ON THE VACANT LOT IDENTIFIED BY FOLIO 08-2122- 025-0620 AND FOR SITE IMPROVEMENTS TO THE PROPERTY AT 11985 NW 27 AVENUE, IDENTIFIED BY FOLIO 08-2122-025-0550, IN THE r-I ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE The applicant. High Seas Trading Company/Eusebio M. Mora came before the Planning & Zoning Board and made a presentation concerning their site plan. Once High Seas Trading Company/Eusebio M. Mora finished their presentation. the Chairman asked all hoard members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member Elio Guerrero made a motion to approve the development agreement to construct a warehouse storage building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the property at 14985 NW 27 avenue, identified by folio 08-2122-025-0550 in the I-1 zoning district. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 61 CITY OF OPA-LOCKA 7. CITY OF OPA-LOCKA REQUEST: AN ORDINANCE OF IRE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA CREATINIG ARTICLE XVI ADULT ENTERTAINMENT REGULATIONS, AND AMENDING THE LAND DEVELOPMENT REGULATIONS, SECTION 22-136 REGULATION OF ADULT ENTERTAINMENT ESTAI3LISI-IMENTS AND TO UPDATE THE ADULT ENTERTAINMENT BUSINESS REGULATIONS, ADOPTING, PROMULGATING, AND ESTABLISI-ZING RULES AND REGULATIONS AND THE REGULATIONS TO DEFINE ADULT ENTERTAINMENT ESTABLISHMENTS, PROVIDE FOR DISTANCE REQUIREMENTS, FLOURS OF OPERATION, PROVIDING FOR LICENSING REQUIREMENTS, FEE SCHEDULES AND PENALITY (S); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND EFFECTIVE DATE. This item was deferred until further notice. 7I STAFF UPDATE VI ADJOURNMENT Chairman Calvin Russell adjourned the meeting at 7:55pm. Submitted by Kinshannta Hall Planning & Zoning Clerk ATTEST: Calvin Russell Chairman 81 Received: Page 1 of 5 By: Es ;` Cft''' Date: �p•locpa [ to j�13 Pla csg 0 S PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2018-2019 TOTAL FEES: S New Fees as of October 1,2015 FY 2018-2019 Meeting Dates Date Application hound Sufficient 1st Tuesday of Each Month) October 2,2018 August 19,2018 November 6,2018 September 23,2018 December 4,2018 October 21,2018 January 8,2019 November 25,2018 February 5,2019 December 23,2018 March 5,2019 January 20,2019 April 2,2019 February 17,2019 May 7,2019 March 24,2019 June 4,2019 April 21,2019 July 9,2019 May 26,2019 August 6,2019 June 23,2019 September 10,2019 July 28,2019 1. All individuals seeking to appear before the Planning&Zoning Board must submit a complete Planning & Zoning Board application, with the required documents and fees totaling (as established by ordinance),paid by check or money order to the City of Opa-locka.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&Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. 3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M. (time and location are subject to dune.please check with the Pkauttng and Comenairy Development Departauent for exact time and location of the meetings). 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 P&Z meeting upon finding of sufficiency. 5. You are required to complete and return this application along with all the information and documentation(see page 2 check list)requested to the: City of Opa-locka Planning&Community Development Department 780 Fishermen Street 4's floor Opa-locka,FL 33054 Telephone: 305-953-2868,Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 Page 2 of 5 Received: By: Date: 04p wit if 4. A C/ y t . It) giP " ®4& 6l • W#te Iso, ■ PLANNING& ZONING BOARD A.PEL:ICATTON APPLICATION NUMBER: CHECK NUMBER: 0 35& DATE RECEIVED: U J 1//g PROPERTY OWNER'S NAME: PLS Opa Locka Realty,LLC PROPERTY OWNER'S ADDRESS: 45 Northeast 16th Street Miami,Fl. 33132 Number/Street City State/Zip Code APPLICANT'S NAME: High Seas Trading Company/Eusebio M Mora Architect APPLICANT'S ADDRESS: 14985 Northwest 27th Avenue Opa Locka,Fl 33054 Number/Street City State/Zip Code PHONE NUMBER: OFFICE (305)235-7500 HOME OTHER (305)807-2946 SUBJECT PROPERTY ADDRESS: 14985 Northwest 27th Opa Locka,F133054 Number/Street TAX FOLIO NUMBER 08-2122-025-0620 PRESENT ZONING: Industrial LEGAL DESCRIPTION: 22 52 41 Opa Locka Industrial Pk PB 77-73 Lot 13 Blk 7 Lot size 43000 square feet or 19881-3191 0801 2(2)coc 23267-077104 2005 1 Please check specific request Tentative Plat Final Plat _Comprehensive Plan Amendment: Small Seale; Large Scale(please specyy type ofamendmere below) 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 ecial Exception—With Plans evelopment Agreement Restrictive Covenant Other—Please specify: Add any additional information that may be of importance to this request: Reference to ordinance 15-13 Land Development Regulations/Zoning Code:ordinance 15-31 Received: Page 3 of 5 By: Date: PLANNE G & ZONING BOARD APPLICAT:i:ON (Checklist) Applications will not be accepted without the following data. For a public hearing,all items below are necessary aqd must be 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 I.D. Afftdavit(see below),and power of attorney of the property'tY owner(page 3)(Both must be Notarized) A completed Neighborhood Petition form(attached)with the signature of each property owner in front, in the rear, to the left and to the right of the subject property, indicating his or her support for the proposed project. \ (Must include name,address,folio and phone number). • All preliminary and final site plans, along with property survey,must be submitted on CD-Rom disc in Cad and PDF format. Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches).(The submitted property survey must not exceed a maximum of two(2)years from date created in order to be considered acceptable by the City of Opa-locka) 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&at least 7 Sealed Copies 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 I, La; GI' t -Ei •-• : first duly sworn,depose and say that I am the OWNER of the property,and I understand ,. this ap• ' .il ii •-•.. •,mplete and accurate before a public hearing can be advertised. Signature c — 9v_56 a-431 Y Date _IS to and subscribed before me: °L ao) ' ! • ,% MY ciRett 910N/FF952891 1. This •.y o L. S �;— ;f EXPIRES Fatuuay 14.2020 r I .i Bond d 11m Wiry Pubic Wool Aers lE My commission expires 1�•• ; '�"` Notary Public "---1 -.411111111b Attach co• •f identi 1-• on n Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 Page of 5 `opr! -'3?'o•,� Received: `o Date: 715',...,"1. PLANNING & ZONING BOARD 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 Planning&Zoning Board unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locks From: PLS Opalocka Realty LLC/High Seas Trading Company Inc/Leif Griffin Subject: Power of Attorney(authorization for a person, other than the property owner, to speak in the property owner's behalf). I ,being first duly sworn,depose and say that I am the owner of the property legally described as: 22 52 41 Opa Locks Industrial Pk PB 77-73 Lot 13 Blk 7 i.nt size 41000 square feet or 19RR1-3191 OROI 2(2)cnc 23767-0771 04 2005 I I do give to Eusebio Mom- • ct the power of Attorney and authority to speak behalf in reference to - abo - d is nt in my authorize party. Further,by axing my notarized signature to this document,I also to negotiate and commit to the City Commission and City 'n•.• i" all final determinations of the City Commission and City Ad 1111WV-74,017/17,09..„,0; "���/'�� � ty ministration. Signature - at- Dust -e)IK Date -viii- urn to and subscribed before me: —....--,,,. htAftC06AIpQ 1: Th • a r�� j� ;� Ml' Re013A.ii #FF962B81 7.14 .4 ._- -�_ EIRE February 14,2020-NI% , ; Bowd�dTMuN�hryPsbttiu �`\ My commission expues•Notary Public ` gm% Reference to Ordnance 15-13 Land Development Regulations/Zoning Coda:Ordinance 15-31 Received: Page 5 of 5 By: Date: OQP-LO-- Attach copy of identification s► as � t jx-ems,:;0N Rpo R6Y60 PLANNING &ZONING BOARD NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 14985 Northwest 27 Avenue,Opalocka,Fla.33054 LEGAL DESCRIPTION: 22 52 41 Opa Locka Industrial Pk PB 77-73 Lot 13 Blk 7 Lot size 43000 square feet or 19881-3191 0801 2(2)coc 23267-077104 20051 PROPERTY OWNER'S NAME: L.e4 f Gr fr''n PHONE: 305 3 58'r7 LtSS5 ADDRESS (If different): Reference to Ordinance 15-13 I and Developnimt Regulations/Zoning Code:Ordinance 15-31 August 29,2018 Director Gregory Gay City of Opa Locka Planning and Community Development Department 780 Fisherman Street Opa Locka,Florida 33054 RE: High Seas Trading 14985 Northwest 27th Avenue Opa Locka,Florida 33054 Folio Front Building #08-2122-025-0550 Folio rear empty lot #08-2122-025-0620 Dear Mr.Gay: We propose to construct a warehouse storage dock building with approximately 7,200 sq ft of construction at the above referenced location. This building will be a single story approximately 27 ft high and will house the warehouse and loading dock of our current facility located at 14985 Northwest 27fb Avenue. This building will be in addition to our current business and will be constructed in the empty lot facing northwest 251h court. We have now prepared preliminary plans for the planning and zoning review board. The intent is to comply with all requirements. If additional is requir, p►-ase contact us. I. Ysu ' 4 / I PP. op r 4 igi••r'" 11111V4wilara,.. , OF ORA-LOCK.A9 FLarDA .,.., , COMMUNITY DEVELOPMENT & PLANNING DEPART ENT (A CUSTOMER'S RECEIPT J. U CAU 4T 14i 20 tt 03 a: , 2 Code No. 0 144 m 0 0.= 0•-c i Fleceived of ' 3 a0 t =z Address 1'6 14.i . 00iv%" Ai sir' i L\ 3 12. — g. 0 ra ■%. Description .,I :1::-6: t-4,..-^iq 0,-CA.) '6.‘"-J'' Cx.t.: 0 4z-C ,,,,.„4— ' 4*-...- L'''" ‘'-i°'itt4?' •,,..A9-41i INvfirkl.r Et cr ot Dollars$ 2)5 0.0 i • o m- 5' Make all checks payable to City of Ope.tocka.Monde Cashier WHITE — Customer Copy YELLOW—Office Copy PINK — Department Copy i 035 ?LS REALTY, INC. 45 NE 16TH ST MIAMI,FL 33132-1301 305-358-7455 8/29/2018 PAYTO THE City of Opa-Locka .:: k*3,500.00 ORDER OF Three Thousand Five Hundred and 00/100**"**-****—"'"--*---"-**-*—*******•*****"*"-**'*******4-"-•**-"*- DOL City of Opa-Locka 780 Fisherman St Suite 120 Opa Locka FL 33054 -- MEMO . ne7_ , AUT IZED ROW.---";' /—— — PLS REALTY,INC. 035 City of Opa-Locka 8/29/2018 Developers Agreement 3,500.00 Record and Return to: (enclose self-addressed stamped envelope) Edward Martos,Esq. Weiss,Scrota,Helfman,Cole&Bierman,P.L. 2525 Ponce de Leon Boulevard Suite 700 Miami, Florida 33134 This Instrument Prepared by: Vincent T. Brown, Esq. City Attorney City of Opa-locka 780 Fisherman Street Opa-Locka, Florida 33054 Folio Nos.08-2122-025-0550;08-2122-025-0620 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA; AND PLS REALTY, INC. THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of , 2018 ("Execution Date") by and between PLS Realty, Inc., a Florida Corporation, with the principal address of 14985 N.W. 27 Avenue, Opa-Locka, Florida (the "Owner"); and the City of Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida, with a mailing address of 780 Fisherman Street, Fourth Floor Opa-Locka Florida 33054 ("City"). WITNESSETH: WHEREAS, Owner is the fee simple owner of approximately 1.8 acres of land located at approximately 14985 N.W. 27 Avenue in Opa-Locka, Florida,identified by Miami-Dade County Tax Folio Nos. 08-2122-025-0550 and 08-2122-025-0620, and legally described in the attached Exhibit"A"(the"Property"); and WHEREAS, the City's Commission adopted Resolution Number approving a Master Site Plan for the remodeling of an existing approximately 26,633-square foot warehouse, the construction of an approximately 7,200 square foot accessory storage dock, and various other site improvements including, but not limited to, 29-surface parking spaces, and a loading area for tractor trailers and similar equipment; and WHEREAS, according to Sections 163.3220 through 163.3243 of the Florida Statutes, , 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 00230304.RTF v.2 development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WHEREAS, the City Commission pursuant to Resolution No. , adopted on , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth 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 Owner and City agrees to as follows: 1. Recitals, Exhibits. 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" means anyone or more additional term(s) approved by mutual consent of the parties pursuant to a public hearing pursuant to Section 163.3225 of the Florida Statutes. (b) "Agreement"means this Development Agreement between the City and Owner. (c) Approved Plans are the architectural plans prepared by Eusebio M. Mora and dated August 27, 2018, and approved by the City Commission via Resolution No. (d) "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. (e) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163 of the Florida Statutes. (f) "Owner" means the persons or entities undertaking the development of the Property, defined in the preamble to this Agreement, PLS Realty, Inc., a Florida Corporation, with the principal address of 14985 N.W. 27 Avenue, Opa-Locka, Florida and/or any of its respective successors, assigns, or heirs thereof. (g) "Development" means the carrying out of any building activity, the making of 0023C004.RTF v 2 2 of 12 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) of the Florida Statutes. (h) "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. (i) "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami-Dade County. (j) "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty(30) years)and the Additional Term, as defined herein. (k) "Execution Date" is the date that all parties have affixed their signatures to this Agreement. (1) "Existing Zoning" means (a) all entitlements associated with the Approved Plans, 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. (m) Governing Body" means the City of Opa-Locka's City Commission. (n) "Initial Term"is thirty(30) years commencing on the Effective Date. (o) "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land,except as provided herein. (p) "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 Land Development Regulation Code, the Ordinance and the Resolution Number (r) "Party" or"Parties"to this Agreement means the City and the Owner. (s) "Project" is the remodeling of the exiting warehouse at the Property, construction of a 7,200 square foot accessory storage dock, and various site improvements including, but not limited to, 29-surface parking spaces, and a loading area for tractor trailers and similar equipment, all as shown on the Approved Plans. o023Cc04.RTF v.2 3 of 12 (t) "Property" means the approximately 1.8 acres of land located at approximately 14985 N.W. 27 Avenue in Opa-Locka, Florida, identified by Miami-Dade County Tax Folio Nos. 08-2122-025-0550 and 08-2122-025-0620, and legally described in the attached Exhibit ..A „ (u) "Public Facilities" means major capital improvements, including, but not limited to transportation, transit, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational, and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. (v) "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number approving the Project. 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 of the Florida Statutes ("Act"), in compliance with Article V, Section 22-112 of the City of Opa- Locka's Land Development Regulation Code, the Ordinance, and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami-Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City and the Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6. Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and effect, and be binding on all Parties 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. 7. Termination. No notice of termination shall be required by either Party upon the expiration of this agreement and thereafter the Parties hereto shall have no further obligations under this agreement. 3. 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 or default, no further 00230004.RFF v.2 4 of 12 rights under this agreement shall exist, whether brought under a claim of vested right, equitable estoppel or otherwise. 9. Development Conditions. In accordance with the Act, 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 existing law shall be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project. (c) All signage shall comply with all requirements of the City's sign code ordinance. (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 Project. Such items include, but are not specifically limited to: i. Design of all physical structures, private and public improvements and the color and dimensional characteristics of all building materials. ii. All landscaping, loading and parking spaces must be provided and maintained as shown on the site Approved Plan. (e) The Owner will not physically alter or substitute the design of structures, materials and colors included in the Approved Plans except as approved by the City in accordance with Florida law. In the event that building materials or colors are no longer available, the burden shall be on the Owner to prove that said materials or colors are in fact unavailable. (f) Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. (g) All trash and garbage containers shall comply with all city dumpster enclosure requirements. 10. Development Permits. In accordance with Section 163.3227(1)(f) of the Florida Statutes, the following list identifies all local development permits approved or needed to be approved by the City for the development of the land: (a) Site plan approvals(approved) ; (b) Water, sewer, paving and drainage permits; (c) Building permits; (d) Sign permits; (e) Certificates of use and occupancy; and G0230004.RTF v.2 5 of 12 (f) Any other official action of the City and/or Miami-Dade County, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property. Additionally, any City liens, fees,code violations or unpaid assessments shall be satisfied prior to the execution of this agreement. 11. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(1)(d) of the Florida Statutes, the City and the Owner anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida, Miami-Dade County, the City, and/or as contemplated in this Proposed Project Name/type Site Plan. The Property and the Project will also be served by aiiy and all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property for the period of this Agreement. The Owner shall be bound by the City impact fees and assessments in existence as of the Effective Date of this Agreement. Nothing in this paragraph shall relieve the Owner of the requirement to pay impact fees and assessments. 12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(1)(g) of the Florida Statutes, the City hereby finds and declares that the Owner's development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 13. Reservation of Development Rights. Except as otherwise provided in the Act for the Entire Term of this Agreement,the City hereby agrees that it shall permit the development of the Project in accordance with the Laws of the City of Opa-Locka, including the City's Comprehensive Plan and Land Development Regulations, as of the Effective Date of this Agreement, subject to the conditions of this Agreement. Except as otherwise provided in the Act, the City's Laws and policies governing the development of the Property as of the Effective Date of this Agreement shall govern the development of the Property for the Entire Term of this Agreement unless this Agreement is terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement, except to the extent that the Owners consent to such changes and except as otherwise provided in the Act. The City may apply subsequently adopted laws or policies to the Property only as permitted or required by the Act or as provided above or upon this agreement being terminated or having expired 14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements 00230004.RTF v.2 6 of 12 of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the Property. 15. Necessity of Complying, with Local Regulations Relative to Development Permits. In accordance with Section 163.3227(1)(i)of the Florida Statutes,this Agreement is not and shall not be construed as a development permit or authorization to commence Development. The Owner and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve the Owner of the necessity of complying with any and all regulations governing said permitting requirements, conditions, fees, terms or restrictions as long as compliance with said regulation and requirements do not require the Owner to develop the Property in a manner that is inconsistent with the Laws of the City of Opa-Locka in existence as of the Effective Date. 16. Good Faith; Further Assurances. The Parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the Parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the City when acting in a quasi-judicial capacity. 17. Notices. Any notices, requests, demands or other communications 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), mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, or sent by electronic mail,addressed as follows: If to Owner: PLS Realty, Inc. 45 NE 16th Street Miami,Florida 33132 Attn: Leif Griffin, President INSERT EMAIL With a copy to: Avila Rodriguez Hernandez Mena&Fern,LLP 2525 Ponce de Leon Boulevard,PH 1225 Coral Gables, Florida, 33134 Attn: Maggie Barreto-Tercilla, Esq. mbarreto@arhmf.com If to the City: City of Opa-Locka 780 Fisherman Street,Fourth Floor Opa-Locka,Florida 33054 Attn: City Manager 00230004.RTF v.2 7 of 12 INSERT EMAIL With copies to: City of Opa-Locka 780 Fisherman Street,Fourth Floor Opa-Locka,Florida 33054 Attn: City Attorney INSERT EMAIL or to such other persons or addresses as may be designated in writing by a Party to the other Parties from time to time. Notices shall be deemed delivered upon receipt (or refusal of delivery) by the addressee. 18. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Owner 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 of the Florida Statutes, if state or federal laws are enacted after the execution of this Agreement that are applicable to and preclude the Parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws 19. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 20. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the Parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the Owner and the City. Neither Party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto and in accordance with Section 163.3225 of the Florida Statutes. 21. Indemnification. The Owner shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising from this Agreement instituted by third parties. 22. Periodic Review of Agreement. Pursuant to Section 163.3235 of the Florida Statutes 0023C001.RTF v.2 S of 12 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. [THIS SPACE INTERNATIONALLY LEFT BLANK.] [SIGNATURE PAGES FOLLOW.] 0023CC34.RTF v.2 9 of 12 IN WITNESS WI:EREO1',the Parties have executed this Agreement as of the day and year first above written. CITY: ATTEST: CITY OF OPA-LOCKA, FLORA DA By: By: Name: Joanna Flores Name: Newall J. Daughtrey Title: City Clerk Title: Acting Interim City ivIanager Approved for form and legal sufficiency: By: Name: Vincent T. Brown, Esq. Title: City Attorney [A ODETIGNAL SIGNATURE PAGE FOLLOWS.] 00230004.RTF v.2 10 of 12 OWNER: WITNESSES: PLS REALTY, INC.,a Florida corporation: Name: By: Lief Griffin Its: President Name: STATE OF FLORIDA ) COI.JNTY OF MIAMI-DADS ) The foregoing instrument acknowledges before me this day of 2018 by Leif Griffin as President of PLS Realty, Inc., a Florida corporation, who is personally known to me or has produced as identification, and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated herein. Notary Public, State of Florida at Large Print Name My Commission Expires: 00230004.RTF v.2 11 of 12 EXJ I-[IB IT A. LEGAL DESCRIPTION Lot 2 and Lot 13, Block 7 of OPA-LOCKA INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 77, Page 73, of the Public Records of Miami-Dade County, Florida 00230004.RTF v 2 12 of 12