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HomeMy WebLinkAboutR-2001-132 RESOLUTION NO. 2001-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A THIRD ADDENDUM TO THE WATER AND SEWER AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DESIGN CENTER OF THE AMERICAS LIMITED PARTNERSHIP AND DCOTA DEVELOPMENT COMPANY LIMITED PARTNERSHIP; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, Section 1. That certain Third Addendum to the Water and Sewer Agreement between the City of Dania Beach, Design Center of the Americas Limited Partnership and DCOTA Development Company Limited Partnership, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. Section 2. The City Manager and City Attorney are authorized to make minor revisions to said Third Addendum as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 14th day of AUGUST, 2001. PATRICIA A. FLURY MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO-ABSENT COMMISSIONER MCELYEA-YES CHA LENE JO N ON COMMISSIONER MIKES-YES ACTING CITY CL\ERK VICE-MAYOY CHUNN-_YES MAYOR FLURY-YES APPROVED AS TO F RM AND CORRECTNESS BY: THO AS J. ANs�BPb CITY ATTORNEY 1 RESOLUTION NO. 2001-132 THIRD ADDENDUM TO WATER AND SEWER AGREEMENT THIS THIRD ADDENDUM TO WATER AND SEWER AGREEMENT dated this day of , 2001 ("Third Addendum"), entered into by and between CITY OF DANIA BEACH, a Florida municipal corporation ("CITY"); and DESIGN CENTER OF THE AMERICAS LIMITED PARTNERSHIP ("DESIGN CENTER"), a Michigan limited partnership, authorized to do business in the State of Florida, and DCOTA DEVELOPMENT COMPANY LIMITED PARTNERSHIP ("DCOTA"), a Michigan limited partnership, authorized to do business in the State of Florida (collectively "DEVELOPER"). WITNESSETH : WHEREAS, the CITY and Marvin I. Danto and Betty J. Danto entered into a Water and Sewer Agreement on August 24, 1983 (the "Agreement"), relating to certain real property located in the City of Dania Beach, Broward County, Florida, the legal description of which is attached hereto as Exhibit "A" (the "Property"); and WHEREAS, the DEVELOPER is the successor-in-title to a portion of the Property, said portion being described in Exhibit "B" attached hereto (the "Design Center Property"); and WHEREAS, the CITY and DESIGN CENTER entered into an Addendum to the Agreement dated January 5, 1989 ("First Addendum"), pursuant to which the DEVELOPER reserved 143 ERC's of water and sanitary sewer capacity in the CITY's water and sanitary sewer systems (including plant capacity in the Hollywood Regional Systems and hydraulic share of line capacity) for the Design Center Property until January 1, 1997; and WHEREAS, the CITY and DESIGN CENTER entered into a Second Addendum to the Agreement dated , 1996 ("Second Addendum"), pursuant to which the reservation period for the remaining ERC's necessary to complete development of the Design Center Property was extended to January 1, 2004; and WHEREAS, the CITY and DEVELOPER desire to again amend the Agreement, as amended, in order to further extend the reservation period for the remaining ERC's necessary to complete development of the Design Center Property (i.e., 71.5 ERC's); NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other valuable consideration, the adequacy and receipt of which are hereby acknowledged by the CITY, the parties agree as follows: ® 1. The above recitals are true and correct and are incorporated herein by reference and made a part of this Third Addendum. 2. The CITY and DEVELOPER agree that 71.5 ERC's ("Remaining ERC's") of water and sewer capacity are necessary to complete development of the Design Center Property and that the total amount owed to the City as water and sewer connection charges for these Remaining ERC's is $96,553.00 ("Remaining ERC's Charge"). In order to retain the reservation of the Remaining ERC's in effect as provided in the Agreement, as amended, the DEVELOPER shall pay to the City the Remaining ERC's Charge not later than 120 days following issuance of the final certificate of occupancy for the Phase 3 Design Center of the America's wholesale showroom building located on the Design Center Property. 3. All ERC's of water and sanitary sewer capacity reserved by the Agreement, as amended, not utilized on or before January 1, 2008 (as evidenced by the issuance of a building permit), shall be forfeited by the DEVELOPER. In the event of such forfeit, the City shall reimburse to the DEVELOPER that portion of the Remaining ERC's Charge calculated by multiplying the number of Remaining ERC's not utilized times $1,342.00 per ERC. Such reimbursement shall be made by the CITY not later than February 1, 2008. ® 4. This Agreement, as amended by the First Addendum, the Second Addendum and this Third Addendum, shall remain in full force and effect. In the event of a conflict between the terms and provisions of this Third Addendum and the Agreement, as amended by the First Addendum and the Second Addendum, the terms and provisions of this Third Addendum shall prevail. IN WITNESS WHEREOF, the parties have executed this Third Addendum on the date set forth above. CITY ATTEST: CITY OF DANIA BEACH, a Florida municipal corporation By: �^ City Clerk ayor By: ity Manager Date : o/z3/0/ Approved for form and correctness: City Attor ey STATE OF FLORIDA ) ss.. COUNTY OF BROWARD ) BEFORE _ME, the undersig ed authority, personally:' appeared Q. r, and � m fokw.� , as Mayor and City Clerk, respectively, signin this Third Addendum to Water and Sewer Agreement and they acknowledged to me that they executed the foregoing for the purposed expressed therein. WITNESS in hand and official seal of the County and State last aforesaid this day of 12001. 0 PU, Linda G. Fry $o Cr,Commission#CC 767980 Expires AUG.16,2002 NOTARY PUBLIC: BONDED T"flo QFF� TLANWBOIrn6sC.CCL,INC. (Seal) sign Z�e A//A Linda G. FryCommission#CC 767980 print Or A11D TH 2002 -Pop 0. ATLMO E BONDING� ca.INC. My commission expires: /�� DEVELOPER DESIGN CENTER OF THE AMERICAS LIMITED PARTNERSHIP, a Michigan limited partnership Witnesses: By: its General Part ��. sign By: print ��'�-';TAA7GrE ��/'/ Print: 14K� V f IJ S�)NCO sign Title: print /"/ �"/ �/l� Address: t-7 0 0 STUT-a -bC, #ZS STATE OF M I c l+f C=�-ft f� ) : ss.. COUNTY OF O i-kj-�-AD) The foregoing instrument was acknowledged before me this �774 day of NeruS-r , 2001, by MA-,P\VIN a-, bA-NT0 ' , as C- '0 , 6 . of the General Partner of DESIGN CENTER LIMITED PARTNERSHIP, a Michigan limited partnership, on behalf of the partnership. He or she is: Mpersonally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) sign kr'A� ANDREA NI STAHL print !votary Punk,Oakland Counly,W y ommission My commission expires: DCOTA DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Michigan limited partnership Witnesses: By: 07 C-EM6MLI -T41G. , its Genera Partn signIA&X�/44 By: /4A 6�vt print 0,.A, . /�U��iI�X Print: 3-, h&1 o sign Title: C , print -�l�li� Address: C700 S-@ T� , -*2S FOR STATE OF MiCk4l�tN ) ss.: COUNTY OF ©A-KLthND) The foregoing instrument was acknowledged before me this 6-7-H day of be5U ST , 2001, by N ftjr�,U)N -I-, -'r-Ar\sTO , as G. 6 of the General Partner of DCOTA DEVELOPMENT COMPANY LIMITE PARTNERSHIP, a Michigan limited partnership, on behalf of the partnership. He or she is: ]personally known to me, or ( ]produced identification. Type of identification produced NOT Y PUBLIC: (Seal) sign -" ANDREA M STAHL print totary Public, Oakhnrl redly, '�0[T)rnission Expires Nov 19,2004 My commission expires: FTL1#549437 v1 EXHIBIT A i LEGAL DESCRIPTION ® f DESIGN CENTER OF THE X1E RIC/1S A parcel of land lying in a portion of the East one-half one-quarter (N.11. 1/4) of Section 33 Township 50 South , Ra 1/2) of tF, particularly described as follows : e einq 'or' ng� 12 East bet r;�l -;ore CO1.51ENCE at the Northeast corner 'of the Northwest 1 4 . South 01020' 33" East along / of said Section 33; thence feet to a .point on the Southerly right-of-way l/4 O.R. Book 9455, Page 70 of GRIFFIN P,OADdastdescrance �bed7in6 o,f the Public Records of Broward County, Florida , said point also being the POINT OF BEGINNING; thence continue South 01 ° r said Northwest 1/4 line and the West lines of "HOLLYWOOD PALMS" 20 33 PLAT OF HOLLYWOOD PALMS" , Tract "A" mast, alon5 in Plat Books 10 and 36 , Pages 65A and 146�respectivel plat and "REreco ; ed according to the plats thereof as recorded Broward County, Florida , a distance of 26respe feet to the center 33 and a point on the North line distance of L G y of the Public Records cof t the plat thereof as recorded in Plat Book 30 nter of said Section thence South 87 47 48 ROVE RESUBDIVISION" , according to ° " West, along the aforementioned North of �Plat ol,ine County line of the Northwest. one-quarter of said Section 33, a distance Records to a point on the Easterly d the- South limited access right=Of-way line of Interstate9954(State feet to Road No. 9) as shown on D.O.T. ma along the aforementioned right-ofPwaycline 86070-2403; thence North 03054 ' 37'!4est on the arc of a tangent Curve to the left, concave to the Southwes _ a distance of 233. 13 feet to a point erly and Northwesterly along the arc of said Of-way line, an arc distance of curve , and the aforementionederishtf1 ® of 10°36'26") 1097. 76 feet to a (having a radius of 5929•65 feet and a central angle along the aforementioned right-of�way nt Of tanaediy' thence North 140.31 -03" ! 09°49' 11" West, along the aforementioned right-of-way line Ice N stance in , a di feet; thence North feet; ' thence North 81°47.'38" East, a distance of 185.51 fee radia) ly extended line. ,(radial bearing bears North a distance of 410.03 West, ,a distance of ne. (r feet to a t� thence along a non- 02°37' 15" West) North curve to 2th right, concave to the South, and a point on the arc of anon=tangent curve to the GRIFFIN ROAD; thence Easterly and ng a 'pthetaon of the esaoutherl right-of-way line of said Southerly right-of-way line an arc distance of (having a radius a central angle of 00°24 '53" and the aforementioned 16:.20 feet to a point of tangency;of 2238.83 feet and 47' 38" East, along said Southerly right-of-way line, a distance thence North 87° a point on the arc of a tangent curve to the right, nce of 673. 41 feet to Easterly along the arc of said curve and said Southerly right-of-way to the South; thence distance of (having a radius of 563.96 feet and a central a angle o way line an arc feet to the POINT OF BEGINNING, ngle of 09 36 ' ll " 15 94•,,2 Said land lying in the City of Dania, Broward County, Florida and containing 44 acres more or less, , ,4192 SURVEY FOR, ° Exhibit for Dania Water and 'Sewer Agreement hereby certify that the attached sketch represents a recent survey made under •'r ^© ram®. 'my direction, and Is true MID SOUTH ENGI'NEERI,'VG' ' COMPANY and correct to the best of Consuttln my knowle•dga and b.ellefs, 0 E sneers, Surveyors Pian:�rs and that 'there are no en'_ crouch pants on sold land. 2901-A North West 62nd Street � other than ore shown hereon• f Fort Lauderdale, Florida 3330 Fla, Reg, . Surveyor No. J DATE F.B.NO. DRAWN, BY CHECKED BY 12-7.-82 „08 No. AF 23n� FROM DPNTO INVESTMENT 11. 1. 1988 13: .11 P. _ DESCRIPTION' A PARCEL OF LAND LYING IN A PORTION OF THE EAST ONE-HALF (E 1 /2 ) OF THE NORTHWEST ONE-QUARTER (NW 1J4 ) OF SECTION 33 , TOWNSHIP 50 SOUTH , RANGE . 42 EASTi , BEING DESCRIBED AS FOLLOWS : COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW 114 ) OF SAID SECTION 33 ; THENCE SOUTH 01 . 201 33P .EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER (NW 114 ) , A DISTANCE OF 700. 26 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 010 201 331 EAST, ALONG SAID NORTHWEST ONEQUARTER (NW 114 ) LINE AND THE WEST LINES OF ■HOLLYWOOD PALMS$ PLAT AND 'RE-AMENDED PLAT OF HOLLYWOOD PALMS " , TRACT RA' , ACCORDING TO THE PLATS THEREOF AS RECORDED 1N PLAT BOOK 10 AND 36 , PAGES 65 AND 46 RESPECTIVELY OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 19'81 .06 FEET TO THE CENTER OF SAID SECTION 33 AND A POINT ON THE NORTH LINE OF 'TIGER-TAIL GROVE RESUBDIVISION' ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 30 , PAGE 20 OF SAID BROWARD COUNTY RECORDS ; THENCE SOUTH $7. 461 58 WEST , ALONG THE AFOREMENTIONED NORTH PLAT LINE AND THE SOUTH L-INE OF THE NORTHWEST ONE-QUARTER (NW 1 /4 ) OF SAID SECTION 33 , A DISTANCE OF 569 . 59 FEET TO A POINT ON THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE 95 ( STATE ROAD NO. 9 ) AS SHOWN ON D.O.T. MAP SECTION $6070-2403 ; THENCE NORTH 03 ' 54f 371 WEST , ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE ," A DISTANCE OF 232 , 82 FEET TO A POINT ON THE ARC OF A TANGENT CURVE TO THE LEFT , CONCAVE TO THE SOUTHWEST ; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE , AND THE AFOREMENTIONED RIGHT-OF-WAY LINE AN ARC DISTANCE OF (HAVING A RADIUS OF 5929 .65 FEET AND A CENTRAL ANGLE OF 10. 361 2611 ) 1097 . 76 FEET TO A POINT OF TANGENCY; THENCE NORTH 141, 311 038 WEST , ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE , A DISTANCE OF 689 .45 FEET ; THENCE NORTH 88 . 39 ' 27 ' EAST , A DISTANCE OF 887 .22 FEET tTO THE POINT OF BEGINNING. SAIO ' LANOS LYING IN THE CITY OF DANIA , BROWARD COUNTY, FLORIDA# AND CONTAINING 31 . 39 ACRES , MORE OR LESS . • EXHIBIT 140. Law Offices Annapolis New York ���rrr Atlanta Northern Virginia HOLL & EMGHT L LT P Bethesda Orlando Boston Providence Bradenton St.Petersburg t Chicago San Antonio One East Broward Boulevard,Suite 1300 Fort Lauderdale San Francisco PO.Box 14070(ZIP 33302-4070) Jacksonville Seattle Fort Lauderdale,Florida 33301 Lakeland Tallahassee - Los Angeles Tampa Melbourne Washington,D.C. 954-525-1000 Miami West Palm Beach FAX 954-463-2030 IraematiaraloSica. www.hklaw.com caram* Sao Paulo Mexico C ty Tel Avi` Rio de Janeiro Tokyo Representative Office August 7, 2001 GERALD L.KNIGHT 954-468-7868 Internet Address: gknight@hklaw.com VIA FEDERAL EXPRESS Ms. Sheryl Chapman, City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania, FL 33004 Re: Third Addendum to Water and Sewer Agreement between the City of Dania Beach and Design Center of the Americas Limited ® Partnership, et al. ("Developer") Dear Ms. Chapman: Please find enclosed four copies of the above-referenced Third Addendum to Water and Sewer Agreement which have been executed on behalf of the Developer. It is my understanding that Budd Palm has requested that this matter be scheduled on the agenda of the City Commission for its meeting on August 15, 2001. Thank you for your cooperation. Very truly yours, HOLLAND�&� T, By: , GERALD L. KN 'GHT Enclosures cc: Mr. Budd Palm (w/encl.) Thomas Ansbro, Esq. (w/encl.) FTL1#553664 v1 Law Offices Annapolis New York Atlanta Northern Virginia HOLLAND & KNIGHT LLP Bethesda Orlando Boston Providence Bradenton St.Petersburg Chicago San Antonio One East Broward Boulevard,Suite 1300 Fort Lauderdale San Francisco P0.Box 14070(ZIP 33302-4070) Jacksonville Seattle Lakeland Tallahassee Fort Lauderdale,Florida 33301 Los Angeles Tampa Melbourne Washington,D.C. 954-525-1000 Miami West Palm Beach FAX 954-463-2030 InlernationalOffm: www.hklaw.com caracas �0Pai10 Mexico city Tel Aviv* Rio de Janeiro Tokyo Repro Office July 9, 2001 GERALD L.KNIGHT 954-468-7868 Internet Address: gknight@hklavv.com VIA FEDERAL EXPRESS Mr. Robert Palm Director of Public Works City of Dania Beach 100 W. Dania Beach Boulevard Dania, FL 33004 Re: Design Center of the Americas ("DCOTA") Dear Budd: In accordance with our recent telephone conversation, please find enclosed a copy of the proposed Third Addendum to Water and Sewer Agreement between the City of Dania Beach and DCOTA. Please review the proposed Third Addendum and, if acceptable to you and the City Attorney's office, please schedule the proposed Third Addendum for consideration by the City Commission at your earliest convenience. Thank you for your cooperation. Very truly yours, HOLLAN IGH LLP By: 0 GEPLD L. I T Enclosure • cc: Thomas Ansbro, Esq. (w/encl.) FTL1#549657 v1 Law Offices Annapolis New York Atlanta Northern Virginia HOLLAND &. MIGHT LLP Bethesda Orlando Boston Providence Bradenton St.Petersburg • Chicago San Antonio One East Broward Boulevard,Suite 1300 Fort Lauderdale San Francisco P0.Box 14070(ZIP 33302-4070) Jacksonville Seattle Lakeland Tallahassee Fort Lauderdale,Florida 33301 - Los Angeles Tampa Melbourne Washington,D.C. 954-525-1000 Miami West Palm Beach FAX 954-463-2030 lftUi"office;: www.hklaw.com caracas' Sao Paulo Mexico City Tel Aviv' Rio deJandro Tokyo Representative Office July 13, 2001 GERALD L.KNIGHT 954-468-7868 Internet Address: gknight@hklaw.com VIA FEDERAL EXPRESS Mr. Jason Nunemaker Acting City Manager City Hall 100 W. Dania Beach Boulevard Dania Beach, Florida 33304 • Re: Design Center of the Americas Water and Sewer Agreement Dear Mr. Nunemaker: We represent the owners of the Design Center of the Americas ("DCOTA") As you may know, in 1983 the City of Dania Beach ("City") entered into an Agreement with the owner of DCOTA pursuant to which the City agreed to reserve water and sewer capacity necessary for the completion of all four phases of DCOTA. To date, three phases of DCOTA have been completed. In order to assure that water and sewer capacity continues to be available to complete the fourth phase of DCOTA, our clients are requesting that the City agree to amend the Water and Sewer Agreement to extend the expiration of the Agreement until January 1, 2008. The applicable water and sewer connection charges will be paid to the City for the reservation of the necessary capacity as provided in the Agreement. We have discussed this matter with Robert Palm, City Utilities Director, and Thomas Ansbro, City Attorney, and have prepared the enclosed proposed Third Addendum to the Agreement consistent with those discussions. Mr. Ansbro has reviewed the proposed Third Addendum and has recommended that I submit it to you to be placed on the agenda of the City Commission for • Mr. Jason Nunemaker July 13, 2001 • Page 2 consideration. Accordingly, we request that you place the Third Addendum on the agenda of the City Commission at your earliest convenience. Thank you for your consideration. Sincerely, HOLLAN HT P By: /6 erald L. qigk cc Robert Palm David Keller Charlene Johnson • Thomas Ansbro Jim Danto FTL1#550454 vl •