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.
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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
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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
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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:
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Date:
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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:
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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 -
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Reference to Ordnance 15-13
Land Development Regulations/Zoning Coda:Ordinance 15-31
Received:
Page 5 of 5 By:
Date:
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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
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OF ORA-LOCK.A9 FLarDA
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COMMUNITY DEVELOPMENT & PLANNING DEPART ENT
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City of Ope.tocka.Monde Cashier
WHITE — Customer Copy YELLOW—Office Copy PINK — Department Copy
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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