HomeMy WebLinkAboutR-2007-097 Aragon Amendment RESOLUTION NO. 2007-097
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE NOVEMBER 14, 2006 DEVELOPMENT
.AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND
THE ARAGON GROUP, INC., TO CLARIFY THE FACT THAT CHANGES
TO THE CAPITAL IMPROVEMENT PLAN INCORPORATED INTO THE
AGREEMENT CAN ONLY BE AUTHORIZED PURSUANT TO AN
AMENDMENT TO THE AGREEMENT; 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 an Amendment to
the November 14, 2006 Agreement existing between the City of Dania Beach and The Aragon
Group, Inc., which Amendment will clarify the fact that changes to the Capital Improvement Plan
incorporated into the Agreement can only be authorized pursuant to an amendment to the
agreement; a copy of the Amendment first referenced above is attached, marked as Exhibit "A"
and incorporated into this Resolution by this reference.
Section 2. The City Manager and City Attorney are authorized to make minor
revisions to such engagement letter 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repealed to the extent of such conflict.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 May 22, 2007.
�.
BOB ANTON
MAYOR—COMMISSIONER
ATTEST:
'
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
A
I
BY:
THOMAS,`'J. ANSBRO
CITY ATTORNEY
2 RESOLUTION #2007-097
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS IS AN AMENDMENT, dated .rtJNC /q , 2007 (the"Amendment')to the
Development Agreement dated November 14, 2006 (the "Agreement') existing between THE
ARAGON GROUP, INC. DB/A DANIA JAI ALAI, A DIVISION OF THE ARAGON
GROUP, INC. ("ARAGON") and the CITY OF DANIA BEACH, a Florida municipal
corporation("CITY').
WHEREAS, ARAGON and CITY entered into the Agreement, a copy of which is
attached as Exhibit"A"; and
WHEREAS, ARAGON and CITY desire to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained in the Agreement and this Amendment and other good and valuable consideration, the
adequacy and receipt of which are agreed upon, ARAGON and CITY agree as follows:
1. Incorporation of Agreement. The terms and conditions of the Agreement are
ratified and affirmed and shall remain in full force and effect and are incorporated into this
Amendment.
2. Paraeranh 7. Miscellaneous. Paragraph 7 of the Agreement is amended to add a
new sub-paragraph K which shall read as follows:
K. Effect of this Agreement. The only structures, improvements and uses
which may be introduced or constructed upon the Property (as identified in the Agreement) are
those depicted in the Capital Improvement Plan (the"Plan")attached to and incorporated into the
Agreement, unless the Plan and the Agreement are amended after a public hearing held at a City
Commission meeting to allow for a change to a structure, improvement or use identified in the
Plan.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature:
WITNESS: CITY OF DANIA BEACH,a Florida
municipal corporation
rn v^r-G' •
[Witness type or print name] By:
Bob Ahton, M or _
14 day of JU^IE , 2007
L ti
(Witness type or print name]
By: ��.-
£ Ivan Pild City Manager
[Witness type or print name] I-q day of J UN&- ' 2007
J
[Witness type or print name]
Approved as to form and legality by
Office of the City A
Fney
dl �( 10 By: fj 1
Louise Stilson,CMC Thoma. J. Ahsbro, Esq.
City Clerk cfay of I ()A4 2007
(CITY SEAL)
STATE OF FLORIDA )
COUNTY OF BROWARD ) SS.
The foregoing instrument was acknowledged before me this-LL day of JZW
2007, by BOB ANTON, Mayor of the City of Dania Beach, a Florida municipal corporation.
She is personally known to mei�WQjd not take an oath.
\�`00��5E&TICs� iyy
Notary Public, State of Florida
* ►.� �o *= (Signature of Notary)
tDD185806 �o= My Commission Expires:
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�i'➢6aEAc F"
i��11,h °� Name of Notary Typed, Printed
or Stamped
STATE OF FLORIDA )
COUNTY OF BROWARD ) SS.
The foregoing instrument was acknowledged before me this )4 day of J UnJC
2007, by IVAN PATO, City Manager of the City of Dania Beach, a Florida municipal
corporation. He is personally known to me and did not take an oath.
Notary Public, State of Florida
\`\�p\y�gSILSON '�i�iy (Signature of Notary)
5 �aF'• My Commission Expires:
T ••�� Name of Notary Typed, Printed
*' or Stamped
2
WITNESS: THE ARAGON GROUP,INC.,
d/b/a Dania Jai Alai, a Division of
The Aragon Group, Inc.
M r� By: 461,14=
[Witness type or print name]
Its: Sr. U�cq— PrLs;rt2Ai.E-
z 3j_day of lYla 2007
[Witness type or print name]
STATE OF )
COUNTY OF ) SS.
The regomg instrument was acknowledged before me this 3L day of
2007, by t5iai 41—a cs�A, of-16 a ra ss� Gm� -Z He is
personally known to me and did not take an oath. —�—' -'
Oar`. � —
Notary Public, State of
(Signature of Notary)
M Commission Expires: $1991l a
1yy
Name of Notary Typed, Printed
or Stamped
3