HomeMy WebLinkAboutR-2010-006 Approving the delegation request on Village marina plat-revised RESOLUTION NO. 2010-006
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE DELEGATION REQUEST SUBMITTED BY BAYARD
SPECTOR, OWNER OF ATLANTIC VILLAGE MARINA, TO CHANGE THE
RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "VILLAGE
MARINA" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 124, PAGE 3,
AND GENERALLY LOCATED AT 1540 GRIFFIN ROAD, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the boundary plat known as the "Village Marina" Plat was approved by the
Dania Beach City Commission on July 9, 1985 by Ordinance No. 11-85, a copy of which plat is
attached to this Resolution; and
WHEREAS,the Broward County Commission approved an "Agreement for Amendment
of Notation on Plat" for the "Village Marina" Plat on June 9, 2006, as recorded in Official
Records Book 42224, Page 905 as shown in Exhibit "B", a copy of which is attached to this
Resolution; and
WHEREAS, Bayard Spector, owner, has applied for a delegation request to change the
restrictive note on the plat as follows:
DR-55-09—Plat Note Amendment
Replace Existing Note:
THIS PLAT IS RESTRICTED TO 136,500 SQUARE FEET OF OFFICE, AN 80 BOAT
SLIP MARINA, A 419 ROOM HOTEL AND 1,415 SQUARE FEET OF RETAIL
WITHIN THE HOTEL. BANK USES ARE NOT PERMITTED WITHOUT THE
APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS WHO SHALL
REVIEW AND ADDRESS THESE USES FOR INCREASED IMPACTS.
With Proposed Note:
THIS PLAT IS RESTRICTED TO 298,585 SQUARE FEET OF OFFICE, AN 80 BOAT
SLIP MARINA, A 749 ROOM HOTEL AND 1,415 SQUARE FEET OF RETAIL
WITHIN THE HOTEL. BANK USES ARE NOT PERMITTED WITHOUT THE
APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS WHO SHALL
REVIEW AND ADDRESS THESE USES FOR INCREASED IMPACTS; and
WHEREAS, Broward County requires that the City Commission of the City of Dania
Beach concur with this revision prior to a review by the Broward County Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That pursuant to the provisions of Section 2, below, the City of Dania
Beach approves the proposed revision which changes the restrictive note on the plat to allow
298,585 square feet of office, an 80 boat slip marina, a 749 room hotel and 1,415 square feet of
retail within the hotel on the "Village Marina" Plat, as previously recorded on the Broward
County "Agreement for Amendment of Notation on Plat" Official Records Book 42224, Page
905.
Section 2. That evidence of the approvals of FDOT and the FAA as to the changes
(increases) in the development must be provided by the applicant to the City before the site plan
amendments can be approved by 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 January 12, 2010.
0,,_ tt;t,y
ANNE CASTRO
Po�Pao/s F1 AYOR—COMMISSIONER
ATTEST:
LOIDISE STILSON, CMC
CITY CLERK
APPROVED AS TO RM AND CORRECTNESS:
THO AS J. MSBKO
CITY ATTORNEY
2 RESOLUTION#2010-006
Exhibit `A'
AMENDED a222a 5 sce u M 1736, v,,mow 1-4 PGE
SHEET i OF 2 SHEETS
VILLAGE MARINA
aEft.l IA v rl.C THE.�Wl C�SLAM.1
'Eft'"28.�IWSWTH...4.IT
HA—
f7TTY..T T
aft. Vrl=�7
mwassmr
ff ot-
'tt— w U-
xz
2",
PLATE PAW
SHEET 2 SHEETS
VILLAGE MARINA
AWE r WA Po r"fY THE HAPSHat—VES L NMMMY Sr.9]rVISM fM 1,M se.OGTEI
sECT,w ee,TffxN5 w s M,PoV.GE V EAST
ClllC YyA
7
3 RESOLUTION#2010-006
EXHIBIT `B'
4 RESOLUTION #2010-006
{
CE'N t 106167461, OR BR 42224 Page 905, Page 1 of 11, Recorded 06/15/2006 at
01:15 PM, Brovard County Commission, Deputy Clark 2000
Relum recorded copy to: A11ozA
Developmare Management MAslon
tort e.uderale Avenue,A240 �E 7
Fort Lauderdale,FL 33301
Document prepared by.
Edward P.Ploaki 1'009
Craven Thompson A Associates,Ina
3563 NW 53rd Street Pia
Fort Lauderdale,FL 3330E ing
Department
NOTICE: PURCHASERS G ANTEES HEIRS, SUCCESSOgee ANn
ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON
F-MISIT"A"ARE HEREBY PUT ON NOTICE OF THE nor IG TIONS SE
FORTH WITHIN THIS AGREEMENT WHICH SHALL RUN WITH THE
PROPERTY.
i
AGREEMENT FOR AMENDMENT
OF NOTATION ON PLAT
This is an Agreement, made and entered Into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY," -
AND
BAYARDSPECTOR ,Ile successor$
and assigns,hereinafter referred to-as"DEVELOPER."
WHEREAS DEVELOPER is the owner of property shown on the
VILCA4 MARINA Plat,Plat No./Clerles File No. 37-MP-85 ,
hereinafter referred to as"PLAT,"which PLAT or delegation request was approved by the
Board of County Commissioners of Broward County on AUGUST 20 ,19 e$and
WHEREAS,a description of the platted area is attached hereto as Exhibit"A"and
made a part hereof,and
WHEREAS,DEVELOPER has determined there exists a need loran amendment to
the Notation on the face of said PLAT;and
WHEREAS,the COUNTY has no objection to amending the notation and the Board
of County Commissioners approved such an amendment at its meeting of
DECEMBER 13 200s,
01)01/04 Rwised WARD
Approved BCC
soxatred ey
{i✓TNRN TO"CUMEN7I curb t9N' 0)
I
i
i,
CFN Il 106167461, OR BK 42224 PG 906, Page 2 of 11
NOW,THEREFORE,In consideration of the mutual tarts;conditions and promises
hereinafter set forth,the COUNTY and DEVELOPER agree as follows:
1. The above recitals and representations are true and correct and are Incorporated
hereln.
2. COUNTY and DEVELOPER hereby agree that the notation shown on the face ofthe
PLAT Is hereby amended as set forth within Exhibh"B."
3, NOTICE. Whenever any ofthe parties desire to give notice to the other,such notice
must be in writing,sent by U.S.Mail,postage prepaid,addressed to the party for
whom it IS intended at the place last speclfled;the place for giving of notice shall
remain such until it is changed by written notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the
respective'places for givhtg notice:
For the COUNTY: !,
I
Director,Development Management Division of Broward County
115,South Andrews Avenue,Room A240
Fort Lauderdale,FL 33301
For the DEVELOPER:
BAYARD SPECTOR
9999 SW 89TH COURT
!
MIAMI,FL 33178 - - - -
i
4. RECORDATION This Agreement shall be recorded in the Public Records of
Broward County Florida, at the DEVELOPER's expense. The benefits and
obligations contained in this Agreement shall Inure to grantees,successors,heirs,
and assigns who have an Interest in the PLAT.
5. VENUE:CHOICE OF LAW Any controversies or legal ISeUea adsing out of thls
Agreement and any action Involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the 1
Seventeenth Judicial Circuit of Broward County,Florida,the venue site,and shall be
governed by the laws of the State of Florida.
8. NOTATIONS. All other notations on the face of the above referenced PLAT not
amended by this Agreement shall remain In full force and effect
7. CHANGES TO FORMAGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
C1 8
01NV0.01/0 f RSNeee 2
lY
CFN a 106167461, OR BK 42224 PG 907, Page 3 of 11
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
8, CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings
contained In this Agreement are for convenience and reference only and in no way
define,describe,extend or limit the scope or intent of this Agreement,nor the Intent
of any provisions hereof.
9. NOWAIVER. No waiver of any provision ofthisAgreement shall be effective unless
it is In writing,signed by the party against whom itis asserted,and any such written
waiver shall only be applicable to the specific Instance to which it relates and shall
not be deemed to be a continuing or future walver.
10, EXHIBITS. AD Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
Inserted in this Agmennent or attached hereto shag control all printed provisions In
conflict therewith.
11. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge and
deliver and cause to be done,executed,acknowledged and delivered all further
assonances and to perform such acts as shag reasonably be requested of them in
order to carry out this Agreement.
12. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of
its obligations pursuant to this Agreement to a grantee of the fee title to all or any '
portion of the property desodbed In Exhbk'A.' DEVELOPER agrees that any r
assignment shag contain a provision which clearly states that such assignment Is
subject to the obligation of this Agreement and recorded In the public records of
Broward County,Florida.
13. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER. I
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
CAF4355 B .
01/01/04 Revieed 3 _
CFN R 106167461, OR BK 42224 PO 908, Page 4 0£ 11
IN WITNESS WHEREOF,the parries have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS,signing by and through lb Mayor or Vim Mayor,authorized
and
to execute same by Board action on the ,y_day of f4
DEVELOPER,signing by and through Its"s^" m"TMe duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY,through Its
BOARD OF COUNTY COMMISSIONERS
� ty Ad strat r a
flicio Clerk of the of y Y
county Commi -b COM�i� eA-Ma
Browad County oleo o rday of ZO_
r 7SSr m
Rt4rnr Approved as to� form by OMce of County Attorney
Browad County,Florida
R Govemment Center,Suite 423
115 South Andrews Avenue
Fort Lauderdale,Florida 33301
Telephone: (954)357-7600
Teleeopkr.(954)367.6968
B
o,y Islatu CountyCounty Adomey�
C," day of �,tDAP .20
4
V0110 e Ot/41/0 4 RaNeed
CFN 0 106167461, OR M 42224 PG 909, Page 5 of 11
i
DEVELOPER-INDIVIDUAL
Witnesses:
Rr�c I BAYARD SPECTOR
Sign re) � vl,�^!n Print name: (ns✓ Narqe or Developer #rldivldual)
fton2f,L.er O,(.y` (Signature)
(SlpRature) Print name: 1 yutCl .50 4e✓
Print name: Print address. 9 SW 89TH COURT
MIAMI FL 33176
day of 2006
ACKNOWLEDGMENT: INDIVIDUAL T�
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 1_ day of
&bgAQt24- 2004 by BAYARD SPECTOR who is
13j- )personaly�mown to me,or
produced kieMiBeation. Type of identification produced cV 6o (rcanl6c.
NOTARY PUBLIC:
(Seal) )9{i.iPrl � �o1Lf
Print ante:L'bc*Cirrltf
My commission expires:
Mex/Oypa aM on$40
liaNCMea
My CMmawn ODIp410
a 6onr�>UVM06
CAFa356 01,01/OC B RSNeed 5 :N
I
CFN N 106167461, OR BK 42224 PG 910, Pago 6 of 11
MORTGAOEE��AtP
Mortgagee,being the holder of a mortgage relating to the parcel(s)described In Exhibit"A"
hereby consents and Joins In for the purpose of agreeing that Its mortgage shall be
subordinated to the for oing Agreement.
s If t'. ership): HWMG INVESTMENTS,LLC
ov
Name of Mortg gee serpora"padaersbgy.
Limited Liability Company
I nature
not name, e{� a r/0. PGfmnaa maERRF.RT 6R .owTTS
Title:MANAGER IiBF EE
Address: 202 BR D
u LA
�� Print na rt
_day of Febrvaty ,200E
ATTEST Of corporation):
' -
(Secretary Signature) (CORPORATE SEAL)
ACKNOWLEDGMENT•CQ PORATIONMARTNERSHIPY LIMITED LIABILITY COMPANY
STATE OF OEW*fa )
COUNTY OF YdkOo
The foregoing instrument was acknowledged before me this 971aday of
February 20
_ft by HERBS T WO*wTT as MAMACFR (Meuvnoof
HWM INVESTMENTS, LLC PFlotida eayorallarlpadrwrshW,on behallof
the 09n*faNBRr-palbmwsWp. He or she is: Limited Liability Company
[ [personally known to me,or
[ ]produced Identification. Type of Identification produced W,44 LWbVd"L rauvsE
,_ NOTARY PUBLIC:
(Seal) "`Kir'q °� tea �,r 4t1[.� SI,iT KYI
My commission expires: `� print name:
CAMW
01/01104 Revi"d
CPN If 106167461, OR SK 42224 PG 911, Page 7 of it
2006,Jum07 02:26 PH Law Offices 3056722871 Z12
MORTGAGEE4AVAA4WA&W&IP
Mortgagee,being the holderof a mortgage relating to the parosks)described in EXhibk`A"
hereby consertls and joins In for the purpose of agreeing that Its mortgage shall be
subordinated to the foregoing Agreeme
e as(Np ershl ): . G IN LLC
Nerve M e padreambip)
Liability cmpany
By
Signetu ) (Signature)
Pdn am Print name%MI _ag kau,—MTitle:(S
m wEGTB --193
ignature) Scottsdale, N.Y. 10583
Print name:SJ
day of June 2008
ATTEST(if corporation):
(CORPORATE SEAL)
(Secretary Signature)
i
ACKNOWLEDGMENT•CORPORATION/PARTNERSHIP 7 LIMITED 1108111TY COMPANY
STATE OF 1 I J
)SS.
COUNTY OF Gl� )
The foregoing instrument was acknowledged before me this I" day of
June , 202. by:NI en. � as NAvenxe i vay.vnof
MG IMSTNENTS, LLC ,a 71,rlda "FlaaaeYsNpaMseship,on behalf of
the eBg80ptbN4padaerehip. He or she is: Lleited Liability Company
( )personafly known to me,or
(ilproduced identification. Type ofidentiflca0on producedDrreat lrai4-
OEORO925128 NOTARY PUBLIC-
Notary Public State of NawYork
No.3anom
(Seal) GuanOommhelott aurerFeb.Y6 a200-1-
My commission a 1pfres: Prin name:
CAF0358 ' �.♦yE�ry(yT�1�
G1/01P4 R.deed 6
7
CPN tt 106167461, OR Bk 42224 PO 912, Page a of 11
i
EXHIBIT
LEGAL DESCRIPTION
VILLAGE MARINA PLAT,recorded In Plat Book 129,Page 3,of the public
records of BrOward County,Florida,located at 1641 Griffin Road,adjacent
to the Dania Cut-off Canal, Section 33, Township 50 South, Range 42
East,in the City of Dania Beach,Florida.
i
i
i
I
i
i
j
I
I
i
8.
CFN q 106167461, OR Hx 42224 PG 913, Page 9 of 11
EXHIBIT"B"
AMENDMENT TO NOTATION ON PLAT
The existing notation shown on the face ofthe PLAT clarifying and limiting the use of
the platted property Is amended from:
THIS PLAT IS RESTRICTED TO 295,OW SQUARE FEET
OF OFFICE,11.000 SQUARE FEET OF UNRESTRICTED RETAIL
AND A 81 BOAT SLIP MARINA.
i
The notation shown on the face of the PLAT clarifying and limiting the use of the
platted property is amended to: i
i
THIS PLAT IS RESTICTED TO 138.500 SQUARE FEET
OF OFFICE,AN 80 BOAT SLIP MARINA,A 410 ROOM
HOTEL AND 1,415 SQUARE FEET OF RETAIL WITHIN
THE HOTEL.BANK USES ARE NOT PERMITTED WITHOUT THE i
APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS t
WHO SHALL REVIEW AND ADDRESS THESE USES FOR !
INCREAEDIMPACTS.
CAFe38e
01MIN Revised 9.
CFN N 106167461, OR 8X 42224 PG 914, Page 10 of 11
EXHIBR"B'•CONTINUED
PLEASE CHECK THE APPROPRIATE BOX OR BOXES.
DQ Expiration of Finding of Adonacv for Plat without an Expiration of a EBB
of Adeauacv notation or the Finding of Adeauecv has expired.
�l�lr td e'"s
It a building permit for a principal bulldingl n ry mods, sa a and
construction offices) is not Issued by DECEMBER 1 , 2010. then the
County's finding of adequacy shall expire and no additional building permits shall be
Issued for the amended uses unit such time as Broward County-makes a
subsequent finding that the applicantsatiefies the adequacy requirements set forth
within the Broward County Land Development Code. The owner of the property
shall be responsible for providing evidence to Broward County from the appropriate
governmental entity,documenting compliance with this requaementwithin the above
referenced time frame;and/or
i
If construction of project water Imes,sewer lines,drainage,and the rock base for
internal roads have not been substantially completed by DECEMBER 43
201g_,then the County's finding of adequacy shaliexpke and no additional building
permits shell be Issued until such time as Broward County shall make a subsequent
finding that the applicant satisfies the adequacy requirements set forth within j
Broward County Land Development Code. This requirement may be satisfied for e
phase of the project, provided a phasing plan has been approved by Broward
County. The owner of the property or the agent of the owner shag be responsible
for providing evidence to Broward County from the appropriate govemmentel entity,
documenting compliance with this requirement within the above referenced Urns E
. . frame. ... . .
i
p() Air Navigation Hazards.
Any structure within this Plat shall comply with Section IV D 1.1.,Development
Review'Requirements of the Broward County Comprehensive Plan regarding
hazards to air navigation.
CAFassa
01101/04 RwAse4
i
i
CFN N 106167461, OR HR 42224 PG 915, Page 11 of 11
reh
a AREAS
W31 rµpj(.feT
Wm
*23 ON
W-21
d
_ 6RL—
ZL-
I c
aT A P
RPZ
-
i .
�o rHO.EI- 'SITE j
L; .
NORTH
SHERATON
HOTEL
n.t.$. .C.O.TA.
EXHIBIT A
�11