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HomeMy WebLinkAboutR-1988-065 i RESOLUTION NO. 65-88 j A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ADDENDUM TO WATER AND SEWER AGREEMENT BETWEEN THE CITY OF DANIA AND LAUDERDALE AIRPORT HOTEL ASSOCIATES, LTD. ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City Commission, City Manager and City Attorney of the City of Dania , Florida, have reviewed the attached form of Agreement and find it to be appropriate to the needs of the City of Dania . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commisison of the City of Dania , Florida, does hereby approve the Addendum to Water and Sewer Agreement between the City and Lauderdale Airport Hotel Y .. Associates, Ltd . , a copy of which is attached hereto and made a part hereof as Exhibit "A" . i Section 2. That the Mayor-Commissioner, City Manager and City Clerk-Auditor are hereby authorized and directed to forthwith execute said Agreement on behalf of the City of Dania, Florida. Section 3 . That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict .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 13 day of December 1988. r� . MAYOR OMM, 'S I O N E R ATTEST: CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BY:� Frank C. Adler, CITY ATTORNEY i R?solution No. 65-88 J i LAW OFFICES j GUSTAFSON, STEPHENS, FERRIS, FORMAN & HALL, P. A. l ROBERT E. .'CANIS,JR CASEY^ MILLS WILLIAM W CALDWELL PETER J. FORM AN JEFFRE" B. SMITH CF .^,OV NSEL JOELw GUSTAFSON ALE D'OLD Y/ALOMAN SGO NORTHEAST FOURTI-I STREET DONALD R. MALL GERALD L_ KNIGHT CONEJLTING PLANNERS FORT LAU DE RpAL E. FLORIDA 33301�1192 JOHN E. STEPHENS,JR CVNTHIA A. PASC" A C P. TELEPHONE(305) -63.9330 MIAMI 945 9685 DELRAY 276-1055 TELECOPIER(305)-63-6096 January 27 , 1989 Frank Adler, Esq. City Attorney CITY HALL 100 West Dania Beach Boulevard Dania, Florida 33004 Re: Design Center Hotel/Office Complex/ Addendum to Water and Sewer Agreement Dear Mr. Adler: Pursuant to our telephone converation yesterday, this is to confirm that Griffin Road Joint Venture is the record title owner of the Design Center Hotel/Office Complex property and is the successor-in-title to Lauderdale Airport Hotel Associates, Ltd . Sincerely, GEVALD L . KNIGHT For the Firm GLK: jb cc: Mr. Warren Weiser ADDENDUM TO WATER AND SEWER AGREEMENT THIS ADDENDUM TO WATER AND SEWER AGREEMENT by and between CITY OF DANIA, a Florida municipal corporation ( "CITY" ) , and GRIFFIN ROAD JOINT VENTURE, a Florida General Partnership, authorized to do business in the State of Florida ( "DEVELOPER" ) . W I T N E S S E T H: 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 , 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 Hotel/Office Complex" ) ; and WHEREAS , the DEVELOPER has completed the first two ( 2) phases of the proposed development of the Design Center Hotel/Office Complex, consisting of a 250 room hotel and 60, 000 square feet of office space, . thereby utilizing a portion of the 383 .43 ERCs (Equivalent Residential Connections) assigned to such development by the Agreement; and WHEREAS , the DEVELOPER intends to complete development of the Design Center Hotel/Office Complex by constructing 120, 000 square feet of additional office space ; and WHEREAS , the DEVELOPER has a right under the Agreement to reserve the remaining ERCs necessary to complete development of the Design Center Hotel/Office Complex by paying for such remaining ERCs at the current prevailing rate of $739 . 00 per ERC; and J --� WHEREAS, the DEVELOPER and CITY desire to amend that provision of the Agreement relating to the DEVELOPER' s right to reserve the remaining ERCs necessary to complete development of the Design Center Hotel/Office Complex; NOW, THEREFORE, IN CONSIDERATION of Ten ( $10. 00 ) Dollars and other valuable consideration, the adequacy and receipt of which are hereby acknowledged by the CITY, the parties agree as follows: 1. Nothwithstanding Paragraph 3B of the Agreement, the CITY shall reserve 70 ERCs of water and sanitary sewer capacity in the CITY' s water and sanitary sewer system for the DEVELOPER, its successors or assigns, to complete development of the Design Center Hotel/Office Complex. Such reservation shall be subject to the following conditions : (a) DEVELOPER shall pay to the CITY in cash the amount of TWENTY FIVE THOUSAND EIGHT HUNDRED SIXTY FIVE and 00/100 DOLLARS ( $25, 865 . 00 ) prior to February 1 , 1989 . This amount shall reserve 35 ERCs for the development of the Design Center Hotel/Office Complex. (b) The DEVELOPER shall pay the CITY for each '-•. ERC utilized for development of the Design Center Hotel/Office I Complex in addition to the 35 ERCs reserved under Subparagraph 1 (a) above, subject to the following conditions : ( 1 ) The number of such additional ERCs shall not exceed 35. ( 2) The DEVELOPER shall pay the CITY for such additional ERCs at the rate per ERC prevailing at the time of payment. ( 3 ) The DEVELOPER shall pay for such additional ERCs as they are utilized , but no later than one-hundred twenty (120) days following the issuance of a _ certificate of occupancy for a building on the Design Center Hotel/Office Complex which utilizes the last of the 35 ERCs reserved under Subparagraph l (a ) above . 2 - ( c) All ERCs reserved pursuant to this Paragraph 1 shall be forfeited if not utilized on or before January 1 , 1997 . For purposes of this Paragraph 1 , an ERC shall be deemed utilized upon the issuance of a building permit. 2 . The Agreement , as modified by this Addendum, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. CITY ATTEST: CITY OF DANIA, a Florida municipal corporation By Wanda Mullikin C. K. McE] yea , Mayor City Clerk/ g� B y: //(y Robert Flatley City Manager Dated: Approved for form and correctness: Frank C. Adler City Attorney STATE OF FLORIDA ) ss. : COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared C. K. McElyea and Wanda Mullikin, Mayor and City Clerk, respectively, signing this Addendum to Water and Sewer Agreement and they acknowledged to me that they executed the foregoing for the purposes expressed therein . WITNESS my hand and official seal ;in the County and/ State last aforesaid this day of z__� LL 198�. NOTARY PUBLIC MY Commission Expires: �I�L�dlIdll�tlar0� M►anr�lwlwlailwAAroh L IM Oaidi/1hY0M0 Zia Undwwniw - 3 - I DEVELOPER GRIFFIN ROAD JOINT VENTURE, a Florida General Partnership WITNESSES: By: LAUDERDALE AIRPORT HOTEL ASSOCIATES, INC. , a Florida corporation as General' Partner c ) . By: , r -,Ii Z_ By: LAUDERDALE HOTEL OFFICE PROPERTIES , a Florida Limited Partnership, as General Partner of the Partnership (CORPORATE SEAL) STATE OF FLORIDA ) ss . : COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me , an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally app E. /�7� as a.,,. c' �ar of LAUDERDALE AIRPORT HOTEL ASSOCIATES, INC. , and he/she acknowledged before me that he/she executed the foregoing Addendum to Water and Sewer Agreement. WITNESS my hand and official seal in the County and State last aforesaid this 23rdday of January 1989 . 'NOTARY PUBLIC -0y Commission Expires: NOTARYPUdLIC STATE OFFLORIDA r, COMMISSION E%P AUG.6, 1992 _ II IOLL !MRU GENERAL INS UND STATE OF -FLOR-I-flA ) ss . : COUNTY OF I HEREBY CERTIFY that on this day, before me , an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally - 4 - appeared as of LAUDERDALE HOTEL OFFICE PROPERTIES, and he/she acknowledged before me that he/she executed the foregoing Addendcm to Water and Sewer Agreement. ' WITNESS my hand and official seal in the County and State last aforesaid this h; day of 1989. i �QIY P� NOTARY PU&LIC My C, ssion Ex : 0 C ' SALLY WBis cN co.�ua...ov ._.__, r - 5 _ J (� EnIBIT A LEGAL DESCRIPTION for DESIGN CENTER OF THE AMERICAS A parcel of land lying in a portion of the East one-half (E 112) of tte North rest one-quarter (C.'d. 1/4) of Section 33, Township 50 South , Ranre +2 East being more particularly described as follows: COXNENCE at the Northeast corner of the Northwest 1 /4 of said Section 33; thence South 01 '20' 33" East along the East line of said Northwest 1 /4 , a distance of 67.66 feet to a point on the Southerly right-of-way line of GRIFFIN ROAD as described in O.R. Book 9455 , ?age 70, of the Public Records of Broward County, Florida , said point also being the POINT OF BEGINNING; thence continue South 01 °20'33" East, alone said Northwest 1 /4 line and the West lines of "HOLLYWOOD PAL.NS" plat and "RE-AMENDED PLAT OF HOLLYWOOD PALMS" , Tract "A" plat, according to the plats thereof as recorded in Plat Books 10 and 36, Pages 65 and 46 respectively of the Public Records of Broward County, Florida , a distance of 2613.96 feet to the center of said Section 33 and a point on the North line of "TIGERTAIL GROVE RESUBDIVISION" , according to the plat thereof as recorded in Plat Book 30, Page 20 of said Broward County Records ; thence South 87°47 '48" West, along the aforementioned North plat line and the, South line of the Northwest one-quarter of said Section 33, a distance of 569.C4 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 86070-2403; thence ?;orth 03°54 ' 37"!Jzst alone the aforer..entioned right-of-way line, a distance of 233. 13 feet to a point on the arc of a tangent _curve to the left, concave to the South.vest; thence North- erly and Northwesterly along the arc of said curve , and the aforementioned risht- of-way line, an arc distance of (.having a radius of 5929. 65 feet and a central angle of 10036'26") 1097. 76 feet to a point of tangency; thence North 14 °31 '03" !lest, along the aforementioned right-of-way line , a distance of 778. 32 feet; thence North 09049' 17" West, along the aforementioned right-of-way line , a distance of 410.03 feet; ,thence North 87°47 ' 38" East, a distance of 185.51 feet; thence along a non- radially extended line. (radial bearing bears North 02°37' 15" West) North 02°12'22" West, .a distance of 133: 15 feet to a point on the arc of a non-tangent curve to the right, concave to the South, and a point on the Southerly right-of-way line of said GRIFFIN ROAD; thence Easterly along the arc of said curve and the aforementioned Southerly right-of-way line an arc distance of (having a radius of 2238. 83 feet and a central angle of 00°24 '53") 16.20 feet to a point of tangency; thence North 870 47' 38" East, along said Southerly right-of-way line , a distance of 673.41 feet to a point on the arc of a tangent curve to the right, concave to the South; thence Easterly along the arc of said curve and Said Southerly right-of-way line an arc distance of (having a radius of 563.96 feet and a central angle of 09036 ' 11 ") 94.52 feet to the POINT OF BEGINNING. •� Said land lying in the City of Dania, Broward County, Florida and containing 44.4192 acres more or less. SURVEY FOR- Exhibit for Dania Water and Sewer Agreement I hereby certify that the attached sketch represents a recent survey made under J C� 0 my direction, and Is true MID SOUTH ENGINEERING COh!P.:f2y and correct to the best of Con suitmp E rmeen, Surveyors,Byars, Plan na rc my knowledge and Delle h, and that there ari no en- croachmenfs on said land ... 2901—A North West 62nd Streat other ?non are shown hereon. Fort Lauderdale, Florida 33300 Fla. Rep. Surveyor No. DATE F.B.t,3. CRA'NN BY Ci4E CKED BY JOB N0. � 12-1-A2 � 1 1 EXHIBIT "B" Design Center Botel/Office Complex, according to the plat thereof recorded in Plat Book 118, Page 11 , Public Records of Broward County, Florida . Y ADDENDUM TO WATER AND SEWER AGREEMENT I j THIS ADDENDUM TO WATER AND SEWER AGREEMENT by and between CITY OF DANIA, a Florida municipal corporation ( "CITY" ) , and LAUDERDALE AIRPORT HOTEL ASSOCIATES , LTD. , i� a Florida limited partnership, authorized to do business in the State of Florida ( "DEVELOPER" ) . I W I T N E S S E T H: 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, Broward County, Florida, the legal description of which is attached hereto as Exhibit i "A" (the "Property" ) ; and WHEREAS , the DEVELOPER is the successor-in-title j to a portion of the Property, said portion being described in Exhibit "B" attached hereto (the "Design Center Hotel/Office Complex" ) ; and WHEREAS , the DEVELOPER has completed the first two ( 2) phases of the proposed development of the Design Center Hotel/Office Complex, consisting of a 250 room hotel >-- j and 60, 000 square feet of office space, thereby utilizing i a portion of the 383. 43 ERCs (Equivalent Residential i Connections) assigned to such development by the Agreement ; i and WHEREAS, the DEVELOPER intends to complete development of the Design Center Hotel/Office Complex by constructing 120, 000 square feet of additional office space; and WHEREAS, the DEVELOPER has a right under the i I Agreement to reserve the remaining ERCs necessary to complete development of the Design Center Hotel/Office Complex by i paying for such remaining ERCs at the current prevailing rate of $739. 00 per ERC; and 1 J 1 ;fN WHEREAS, the DEVELOPER and CITY desire to amend I that provision of the Agreement relating to the DEVELOPER' s right to reserve the remaining ERCS necessary to complete development of the Design Center Hotel/Office Complex; NOW, THEREFORE, IN CONSIDERATION of Ten ( $10 . 00) Dollars and other valuable consideration, the adequacy and receipt of which are hereby acknowledged by the CITY, the parties agree as follows: 1 . Nothwithstanding Paragraph 3B of the Agreement, the CITY shall reserve 70 ERCs of water and sanitary sewer capacity in the CITY' s water and sanitary sewer system for the DEVELOPER, its successors or assigns, to complete development of the Design Center Hotel/Office Complex. Such reservation shall be subject to the following conditions : (a) DEVELOPER shall pay to the CITY in cash the amount of TWENTY FIVE THOUSAND EIGHT HUNDRED SIXTY FIVE and 00/100 DOLLARS ( $25, 865 . 00) prior to February 1, 1989. This amount shall reserve 35 ERCs for the development of the Design Center Hotel/Office Complex. (b) The DEVELOPER shall pay the CITY for each ERC utilized for development of the Design Center Hotel/Office i Complex in addition to the 35 ERCs reserved under Subparagraph i l (a ) above, subject to the following conditions: i ( 1 ) The number of such additional ERCs shall not exceed 35. ( 2) The DEVELOPER shall pay the CITY for such additional ERCs at the rate per ERC prevailing at the time of payment . ( 3 ) The DEVELOPER shall pay for such additional ERCs as they are utilized, but no later than one-hundred twenty ( 120) days following the issuance of a certificate of occupancy for a building on the Design Center I Hotel/Office Complex which utilizes the last of the 35 ERCs reserved under Subparagraph l (a) above. - 2 - f� I l( 1 ( c) All ERCs reserved pursuant to this � Paragraph 1 shall be forfeited if not utilized on or before January 1 , 1997. For purposes of this Paragraph 1 , an ERC shall be deemed utilized upon the issuance of a building i permit. i i 2 . The Agreement, as modified by this Addendum, i shall remain in full force and effect . IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. CITY ATTEST: CITY OF DANIA, a Florida municipal corporation By: Wanda Mullikin C. K. McElyea , Mayor City Clerk By: -. Robert Flatley City Manager Dated: Approved for form and correctness: I Frank C. Adler it City Attorney t STATE OF FLORIDA ) ss . . COUNTY OF BROWARD ) i BEFORE ME, the undersigned authority, personally appeared C. K. McElyea and Wanda Mullikin, Mayor and City Clerk, respectively, signing this Addendum to Water and Sewer Agreement and they acknowledged to me that they executed the foregoing for the purposes expressed therein . WITNESS my hand and official seal in the County and State last aforesaid this day of 1988. j i NOTARY PUBLIC My Commission Expires: i ! I 3 - i i i i I ' DEVELOPER WITNESSES: LAUDERDALE AIRPORT HOTEL ASSOCIATES, LTD. By: 1 Dated : 1 STATE OF FLORIDA ) ss . : COUNTY OF ) i I HEREBY CERTIFY that on this day, before me , an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared as Of LAUDERDALE AIRPORT HOTEL ASSOCIATES, LTD. , and he/she acknowledged before me that he/she executed the foregoing Addendum to Water and Sewer Agreement . I WITNESS my hand and official seal in the County and State last aforesaid this day of 1988 . — NOTARY PUBLIC My Commission Expires: t I I 4 - q � EYHIBIT A � = ! LEGAL DESCRIPTION I for DESIGN CENTER OF THE AMERICAS f A parcel of land lying in a portion of the East one-half (E 112) of the Northwest one-quarter (N.W. 1/4) of Section 33, Township 50 South, Range 42 East being more ! particularly described as follows : Mi,:HENCE at the northeast corner of the Northwest 1/4 of said Section 33; thence South 01 °20' 33" East along the East line of said Northwest 1 /4 , a distance of 67. 66 feet to a point on the Southerly right-of-way line of GRIFFIN ROAD as described in O.R. Book 9455 , Page 70, o,f the Public Records of Broward County, Florida, said point also being the POINT OF BEGINNING; thence continue South 01 °20 ' 33" East, along said Northwest 1/4 line and the West lines of "HOLLYWOOD PALMS" plat and "RE-Al•IENDED PLAT OF HOLLYWOOD PALMS" , Tract "A" plat, according to the plats thereof as recorded in Plat Books 10 and 36, Pages 65 and 46 respectively of the Public Records of j Broward County, Florida , a distance of 2613.96 feet to the center of said Section 33 and a point on the North line of "TIGERTAIL GROVE RESUBDIVISICN" , according to the plat thereof as recorded in Plat Book 30, Page 20 of said Broward County Records ; thence South 87°47 '48" West, along the aforementioned North plat line and the• South line of the Northwest one-quarter of said Section 33, a distance of 559.04 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 86070-2403; thence North 03054'37"West along the aforementioned right-of-way line, a distance of 233. 13 feet to a point on the arc of a tangent curve to the left, concave to the Southwest; thence North- erly 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°36'26") 1097. 76 feet to a point of tangency; thence North 14°,31 '03" (lest, along the aforementioned right-of-way line , a distance of 778. 32 feet; thence North 09049' 17" West, along the aforementioned right-of-way line , a distance of 410.03 feet; ,thence North 81°47'38" East, a distance of 185.51 feet; thence along a non- radially extended line. (radial bearing bears North 02037' 15" West) North 02°12 '22" West, ,a distance of 133. 75 feet to a point on the arc of a non-tangent curve to the right, concave to the South, and a point on the Southerly right-of-way line of said GRIFFIN ROAD; thence Easterly along the arc of said curve and the aforementioned Southerly right-of-way line an arc distance of (having a radius of 2238.83 feet and a central angle of 00°24 '53") 16.20 feet to a point of tangency; thence North 870 47' 38" East, along said Southerly right-of-way line , a distance of 673.41 feet to a point on the arc of a tangent curve to the right, concave to the South ; thence Easterly along the arc of said curve and said Southerly right-of-way line an arc distance of (having a radius of 563.96 feet and a central angle of 09°36, 11 -) 94•`-2 feet to the POINT OF BEGINNING. j Said land lying in the City of Dania, Broward County, Florida and containing 44.4192 acres more or less. u 1 w ' SURVEY FOR, Exhibit for Dania Water and Sewer Agreement ®®nnn (�• I hereby certify that the tg��t©(a© attached sketch repnsenn lip a recent survey made under ENGINEERING CONIP4NY .my direction, and is true MID SOUTH , and correct to the best of Consulting Engineers, Surveyors, Plan.nars I My knowledge and beliefs, J and that there ari no en- croachments on said land 2901—A North West 62nd Street I! other than ore shown hereon. Fort Lauderdale, Florida 33300 � , Fla. Reg. 'Surveyor No. DATE E11NO. DRAWN BY CHECKED BY JOB NO. \ 12-7-RZ AF 23•,2 Try lij; r k. j a� t. i EXHIBIT "B" Design Center Hotel/Office Complex, according to the plat thereof recorded in Plat Book 118, Page 11, Public Records of Broward County, Florida . "1 s l a 9 I i I i a I i I i i