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Home My WebLink AboutR-2006-004 Dania Beach Hotel MOU RESOLUTION NO. 2006-004 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY WITH DANIA BEACH HOTEL, LLP (AS THE OWNER) AND DANIA BEACH HOTEL, LLC (AS THE DEVELOPER), IN CONNECTION WITH THE PROPOSED REDEVELOPMENT OF THE DANIA BEACH HOTEL SITE LOCATED ON EAST DANIA BEACH BOULEVARD, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Memorandum of Understanding on behalf of the City with Dania Beach Hotel, LLP (as the owner) and Dania Beach Hotel, LLC (as the developer), in connection with the proposed redevelopment of the Dania Beach Hotel site located on East Dania Beach Boulevard, subject to certain terms and conditions. Section 2. That the authorization of this Resolution is effective retroactive to December 22, 2005. PASSED AND ADOPTED on January 10, 2006. l ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANITON - YES COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MGELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS �., ---)-A k BY: THOMAJ J. A SBR r CITY ATTORNEY MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is made this day of December, 2005, by and between the City of Dania Beach Community Redevelopment Agency ("CRA"), the City of Dania Beach, Florida ("the CITY") and Dania Beach Hotel, LLP ("OWNER") and Dania Beach Hotel, LLC ("Co- Developer"),jointly known as "DEVELOPER". WHEREAS, the CITY has been an incorporated municipality within the State of Florida since 1904; WHEREAS, the CRA is charged with re-developing certain areas of the CITY; and WHEREAS, the laws of the State of Florida authorize the CITY and the CRA to enter into this Agreement; and WHEREAS, the CRA has reviewed the current use of the property known as the Dania Beach Hotel, located at 180 East Dania Beach Boulevard, City of D Property"); and ania Beach, Florida ("the • WHEREAS, the CRA has expressed an interest in condemning the Property for the purpose of redevelopment; and WHEREAS, the Property is currently owned by OWNER and also has an interest in redeveloping the Property; and WHEREAS, OWNER has filed for Site Plan Approval to allow approximately 150 residential units and 9,000 square feet of retail use within the Property("Site Plan"); and WHEREAS, OWNER and CITY acknowledge that the Application for Site Plan is not complete and requires further revision; and • FTL:1546183:6 1 WHEREAS, DEVELOPER requires approval of Site Plan, Removal of the City's • Historic Designation, Special Exception and Variance(s) ("Applications"), together with certain building and other permits ("City Permits") before it may begin construction of the Project; and WHEREAS, the CRA has requested certain assurances that DEVELOPER has the necessary commitment to complete the Project within a reasonable period of time. NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR (S1.00) and other good and valuable consideration herein specified, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEVELOPER shall submit complete construction drawings and building permit applications to the CITY within nine (9) months of City Commission approval of the Applications. This shall include documentation confirming that DEVELOPER has submitted permit applications to all other applicable county, state and federal agencies. • 2. Within thirty (30) days of execution of this Agreement DEVELOPER shall apply for a waiver from FDOT to eliminate any additional roadway and right-of-way requirements for Dania Beach Boulevard. DEVELOPER agrees to obtain the consent of the Federal Aviation Administration for the Project. 3. DEVELOPER agrees to submit within six (6) months from the date of execution of this Agreement a complete Site Plan application including but not limited to Sections 8-4 and Chapter 28 zoning requirements including any applicable variance(s) and special exception applications also in accordance with the City Code. 4. The CRA and the CITY shall promptly review DEVELOPER's Applications and DEVELOPER's City Permit requests, in accordance with all applicable City codes and ordinances, recognizing that time is of the essence. • FTL:1546183:6 5. DEVELOPER shall deposit $500,000 with the CITY as follows: (1) S10O,000 upon execution of this Agreement; (2) an additional S 100,000 shall be deposited within seven (7) days after receiving Planning & Zoning approval; and (3) final payment of$300,000 due upon approval of DEVELOPER's Site Plan Applications. The total $500,000 deposit shall hereinafter be referred to as the "Deposit", all to be held by CITY in accordance with the terms of this Agreement. If any of DEVELOPER's Applications are not approved by the County or any other governmental office other than the City or FDOT (as to the waiver of additional right of way requirements), DEVELOPER reserves the right to revise the site plan accordingly so it will be approved or the Deposit shall be returned within seven (7) days of the denial of such Applications. In the event the City denies any of DEVELOPER's Applications, Developer reserves the right to revise the Applications within 90 days from the date of the City denial of such application or the Deposit shall be returned in accordance with this paragraph. . 6. In the event DEVELOPER applies for a building permit within nine (9) months of the approval of the Applications as provided in paragraph 1 above, CITY shall apply the Deposit to the cost of any applicable City fees, including, but not limited to park and recreation fees, water and sewer fees and building permit fees ("Fees"). Should DEVELOPER not apply for permits within the time provided above or fail to timely submit the complete Site Plan provided in paragraph 3 above, the CITY shall without further recourse retain the Deposit and DEVELOPER will obtain no credit against impact fees and the CITY is free to pursue condemnation of the Property. Any portion of the Deposit remaining after applying the Deposit amount to the Fees shall be immediately returned to DEVELOPER. • FTL:1546183:6 3 7. In consideration of the security provided herein by DEVELOPER, the CITY and • CRA hereby agree that the Property shall not be the subject of any condemnation by the CRA so long as the DEVELOPER complies with the terms and conditions of this Agreement. 8. If either party shall be delayed or hindered in or prevented from doing or performing any act or thing required hereunder by reason of any matters beyond the reasonable control of such party, then such party shall not be liable or responsible for any such delays and the doing or performing of such act or thing shall be extended for a period of equivalent to the period of such delay. In such event, the obligations of both parties to perform and comply with all of the other terms and provisions of this Agreement shall in no way be affected, impaired, or excused. WITN�SSES: CITY OF DANIA BEACH COMMUNITY REDEVELPMENT AGENCY By: WITNESSES: CITY OF DANIA BEACH �Addres WITNESSES: DANIA BEACH HOTEL, LLP (as "OWNER") Address: 900 West 49`h Street Hialeah, FL 33012 I WITNESSES: DANIA BEACH HOTEL, LLC (as "DEVELOPER") FTL:1546183:6 4 • Address: 400 South Dixie Highway Hallandale, Florida 33009 ATTGSi FTL:1546183:6 5 i 7. 3 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Larry Leeds, Community Development Director Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: January 4. 2006 RE: Execution of Memorandum of Understanding By City and the Owner and Developer of the Dania Beach Hotel Site • As directed by the City Commission several weeks ago, the City, the Owner and Developer of the Dania Beach Hotel property reached an understanding in connection with the proposed redevelopment of the property. The "Memorandum of Understanding" was executed by City officials and the Hotel representatives on December 22, 2005. It is now necessary to obtain retroactive City Commission approval of City execution of the document. The principal feature of the document are: 1) contractor drawings and building permit applications must be submitted within nine months after City Commission approval of various development applications (for site plan, variances and a special exception); 2) the developer must apply to FDOT by January 21, 2006 for its approvals. The consent of the FAA must also be obtained: 3) the developer must submit, within 6 months, a complete site plan application and applications for any variances and a special exception; 4) the developer posted $100,000.00 on the date the parties signed the document. An additional $100,000.00 is to be paid to the City within seven days after Planning and Zoning Board approval of the various applications. Finally, $300,000.00 is to be posted after City Commission approval of the various applications. If the deadlines are not timely met, the City may retain the deposit (or applicable portion) and the City is free to pursue condemnation. Condemnation proceedings will not be filed if the terms of the Agreement are timely met; Mayor and Commissioners January 4, 2006 Page 2 5) If the approvals are timely and sought obtained, the hotel principals will be entitled to apply the deposit to any fees, owed to the City, such as building permit fees and impact fees; and 6) under certain limited circumstances the deposit will be returned to the principals (e.g., if the County will not approve the redevelopment, depending upon whether any County regulations are involved) or if the applications are disapproved by the City Commission. As first mentioned above, this now requires retroactive City Commission approval (adoption of a Resolution). TJA:slw Attachments • 2