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Home My WebLink About2011-02-08 CRA Board Special Meeting AgebdaAGENDA COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING TUESDAY, FEBRUARY 8, 2011 (Held during City Commission Meeting beginning at 7:00 p.m.) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK’S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXT.3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. Call to Order/Roll Call 2. Resolution #2011-CRA-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 3. Adjournment RESOLUTION NO. 2011-CRA-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 29, 2009, Downtown Dania Beach Development, LLC (“Downtown”), the City of Dania Beach, Florida (the “City”), and the Dania Beach Community Redevelopment Agency (the “CRA”), entered into that certain Development Agreement (“Development Agreement”) for development of the City Center Project (the “Project”); and WHERAS, the parties now find it necessary to amend the Development Agreement to change certain terms, and have negotiated a First Amendment to Development Agreement, a copy of which is attached as Exhibit “A” (the “First Amendment”); and WHEREAS, the Board finds that approval of the First Amendment is in its best interest. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY: Section 1. The above recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The First Amendment to the Development Agreement for the development of the Project between the CRA, the City and Downtown together with such non-material changes as may be acceptable to the Executive Director and approved as to form and legality by the CRA Attorney, is approved. Section 3. The Executive Director is authorized to execute the First Amendment on behalf of the CRA and to execute any required agreements or documents, to implement the terms and conditions of the First Amendment and to execute any extensions or amendments to the Development Agreement, subject to the approvals as to form and legality by the CRA Attorney. Section 4. That the Executive Director is authorized to expend budget funds to implement the terms and conditions of the First Amendment. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 8. 2011. ATTEST: LOUISE STILSON, CMC C. K. McELYEA CRA SECRETARY CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY EXHIBIT “A” FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “Amendment”) dated as of _________________ ____, 2011, is entered into by and among the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic created pursuant to Part III of Chapter 163, Florida Statutes, having an address at 100 West Dania Beach Boulevard, Dania Beach , Florida 33004 (the “CRA”), the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach , Florida 33004 (the “City”), and DOWNTOWN DANIA BEACH DEVELOPMENT, LLC, a Florida limited liability company, having an address at 3001 W. Hallandale Beach Boulevard, Hallandale Beach, Florida 33009 (“Developer”). R E C I T A L S 1. The CRA, the City and the Developer entered into that certain Development Agreement dated as of November 29, 2009. 2. The CRA, the City and the Developer have agreed to modify certain provisions of the Development Agreement, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants described above and the agreements contained below, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. All defined terms in this Amendment shall have the same meaning as in the Development Agreement, except as otherwise noted. 3. Section 1.9 of the Development Agreement is hereby deleted in its entirety and the following is hereby inserted in its place and stead: “1.9 Entry Roadway. Developer has acquired the real property described on Exhibit “8” attached to this Agreement (the “Entry Roadway Property”) and agrees to convey the Entry Roadway Property to the City free and clear of all liens and encumbrances pursuant to a right of way deed acceptable to the City in its sole discretion. The design and construction of the roadway entrance feature described in the attached Exhibit “9” entry roadway plans (the “Entry Roadway Plans”) shall be completed by the Developer at the sole cost and expense of the CRA, subject to receipt of funding for completion of same by the CRA from Broward County, Florida (the “County”). The cost for the completion of such Work shall not exceed the amount received in funding from the County for this purpose, and all Work for the Entry Roadway shall be completed within twelve (12) months of receipt of such funding. Should the CRA not receive the necessary funds for completion of the Entry Roadway Property from the County, then the design and construction by the Developer of the roadway entrance feature as described in the Entry Roadway Plans shall be at the sole cost and expense of Developer and shall be completed by January 1, 2015.” 4. Exhibit “8” of the Development Agreement, Entry Roadway Property, is hereby deleted and replaced with the attached Exhibit “8”. 5. Section 1.10 of the Development Agreement is hereby deleted in its entirety; provided, however, that should the CRA not receive the necessary funds for completion of the Entry Roadway Property from Broward County, Florida, then Section 1.10 shall be reincorporated into the Development Agreement. 6. Except as amended and modified by this Amendment, all of the terms, covenants, conditions, and agreements of the Development Agreement shall remain in full force and effect. In the event of any conflict between the provisions of the Development Agreement and the provisions of this Amendment, this Amendment shall control. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, this Amendment is executed as of the date first above set forth: DEVELOPER DOWNTOWN DANIA BEACH DEVELOPMENT LLC, a Florida limited liability company By: Name: Title: Dated: February _____, 2011 CITY: CITY OF DANIA BEACH, a Florida municipal corporation By: Robert Baldwin, City Manager Dated: February _____, 2011 ATTEST: By: Louise Stilson, CMC, City Clerk Approved as to form and legal sufficiency: By: Tom Ansbro, City Attorney CRA: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY By: C.K. “Mac” McElyea, Chairman Dated: February ______, 2011 ATTEST: By: Louise Stilson, CRA Secretary WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. By: CRA Attorney EXHIBIT “8” ENTRY ROADWAY PROPERTY