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Home My WebLink About2011-02-08 CRA Board Special Meeting Agenda AGENDA COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING TUESDAY, FEBRUARY 8, 2011 (Held during City Commission Meeting beginning at 7:00 p.m.) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W.DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. Call to Order/Roll Call 2. Resolution#2011-CRA-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 3. Adj ournment RESOLUTION NO. 2011-CRA-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 29, 2009, Downtown Dania Beach Development, LLC ("Downtown"), the City of Dania Beach, Florida (the "City"), and the Dania Beach Community Redevelopment Agency (the "CRA"), entered into that certain Development Agreement ("Development Agreement") for development of the City Center Project(the"Project"); and WHEREAS, the parties now find it necessary to amend the Development Agreement to change certain terms, and have negotiated a First Amendment to Development Agreement, a copy of which is attached as Exhibit"A" (the"First Amendment"); and WHEREAS,the Board finds that approval of the First Amendment is in its best interest. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY: Section 1. The above recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The First Amendment to the Development Agreement for the development of the Project between the CRA, the City and Downtown together with such non-material changes as may be acceptable to the Executive Director and approved as to form and legality by the CRA Attorney, is approved. Section 3. The Executive Director is authorized to execute the First Amendment on behalf of the CRA and to execute any required agreements or documents, to implement the terms and conditions of the First Amendment and to execute any extensions or amendments to the Development Agreement, subject to the approvals as to form and legality by the CRA Attorney. Section 4. That the Executive Director is authorized to expend budget funds to implement the terms and conditions of the First Amendment. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 8. 2011. ATTEST: LOUISE STILSON, CMC C. K. McELYEA CRA SECRETARY CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY EXHIBIT "A" FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment") dated as of , 2011, is entered into by and among the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic created pursuant to Part III of Chapter 163, Florida Statutes, having an address at 100 West Dania Beach Boulevard, Dania Beach ,Florida 33004 (the "CRA'), the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach , Florida 33004 (the "City"), and DOWNTOWN DANIA BEACH DEVELOPMENT, LLC, a Florida limited liability company, having an address at 3001 W.Hallandale Beach Boulevard,Hallandale Beach,Florida 33009("Developer"). RECITALS 1. The CRA, the City and the Developer entered into that certain Development Agreement dated as of November 29, 2009. 2. The CRA, the City and the Developer have agreed to modify certain provisions of the Development Agreement, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants described above and the agreements contained below, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. All defined terms in this Amendment shall have the same meaning as in the Development Agreement, except as otherwise noted. 3. Section 1.9 of the Development Agreement is hereby deleted in its entirety and the following is hereby inserted in its place and stead: "1.9 Entry Roadway. Developer agrees to acquire the real property described on Exhibit "8" attached to this Agreement (the "Entry Roadway Property") and to convey the Entry Roadway Property to the City free and clear of all liens and encumbrances pursuant to a right of way deed acceptable to the City in its sole discretion. The design and construction of the roadway entrance feature described in the attached Exhibit "9" entry roadway plans (the "Entry Roadway Plans") shall be completed by the Developer at the sole cost and expense of the CRA, subject to receipt of funding for completion of same by the CRA from Broward County, Florida (the "County"). The cost for the completion of such Work shall not exceed the amount received in funding from the County for this purpose, and all Work for the Entry Roadway shall be completed within twelve (12) months of receipt of such funding. Should the CRA not receive the necessary funds for completion of the Entry Roadway Property from the County, then the design and construction by the Developer of the roadway entrance feature as described in the Entry Roadway Plans shall be at the sole cost and expense of Developer and shall be completed within twelve(12)months of such denial of funding." 4. Exhibit "8" of the Development Agreement, Entry Roadway Property, is hereby deleted and replaced with the attached Exhibit"8". 5. Section 1.10 of the Development Agreement is hereby deleted in its entirety; provided, however, that should the CRA not receive the necessary funds for completion of the Entry Roadway Property from Broward County, Florida, then Section 1.10 shall be reincorporated into the Development Agreement. 6. Except as amended and modified by this Amendment, all of the terms, covenants, conditions, and agreements of the Development Agreement shall remain in full force and effect. In the event of any conflict between the provisions of the Development Agreement and the provisions of this Amendment, this Amendment shall control. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF,this Amendment is executed as of the date first above set forth: DEVELOPER DOWNTOWN DANIA BEACH DEVELOPMENT LLC, a Florida limited liability company By: Name: Title: Dated: February , 2011 CITY: CITY OF DANIA BEACH, a Florida municipal corporation By: Robert Baldwin, City Manager Dated: February , 2011 ATTEST: By: Louise Stilson, CMC, City Clerk Approved as to form and legal sufficiency: By: Thomas J. Ansbro, City Attorney CRA: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY By: C. K. McElyea, Chairman Dated: February , 2011 ATTEST: By: Louise Stilson, CRA Secretary WEISS SEROTA HELFMAN PASTOR.IZA COLE &BONISKE, P.L. By: CRA Attorney EXHIBIT 668" ENTRY ROADWAY PROPERTY COUSINS SURVEYORS & ASSOCIATES, INC. CPROJECT NUMBER ::6290-os� 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT CERTIFICATE OF AUTHORIZATION : LB # 6448 GRE€NHILL DEVELOPMENT PHONE 954 689-7766 FAX 954 689-7799 COMPANY LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: Alt OF LOT 10 AND A PORTION OF LOTS 9, 11 AND 12, BLOCK 22 OF `MAP OF THE TOWN OF MODELO% NOW DANIA, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK B AT PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10; THENCE NORTH 9O'0O'00" EAST ALONG THE NORTH LINE OF SAID LOTS 9 AND 10.A DISTANCE OF 202.00 FEET, THENCE SOUTH O0'OI'00" EAST ALONG THE WEST RIGHT--OF—WAY LINE OF SOUTH FEDERAL HIGHWAY, A DISTANCE OF 60.00 FEET; THENCE SOUTH 9O`O0'OO"WEST.A DISTANCE OF 202.00 FEET; THENCE NORTH WOVOO"WEST ALONG THE NEST LINE OF SAID LOTS 10 AND 11.AND ALONG THE EAST RIGHT OF WAY UNE OF(COPENHAGEN.AVENUE) S.W. FIRST AVENUE,A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY. FLORIDA; CONTAINING 12,120 SQUARE FEET, (0.2782 ACRE) MORE OR LESS. LEGEND: CKO CHECKED BY R RADIUS OWN DRAWN BY A ARC DISTANCE FB/P'C FIELD BOOK AND PAGE CENTRAL ANGLE POO POINT Of BEGINNING POC POINT OF COMMENCEMENT P.D. PLAT BOOK B.C.R. BROWARD COUNTY RECORDS D,C.R. DADE COUNTY RECORDS I HEREBY CERTM'Y THAT THE ATTACHED"BAND DF.StiSRTTION AM SKETCH" IS TRUE AND CORRECT TO THE 19T Of MY KMOWLMOE AND BELIEF AS 1. NOT VALID WITHOUT THE:SIGNATURE AND THE ORIGINAL RAISED SEA1.OF PR PARED UNDER IIY ONCTION IN ftaffimRY,2011.1 FURTHER CERTITY A FLOIM"LICENSED SURVEYOR AND MAPPER. THAT THIS"LAND OESCRMTKNI AND SKETCH"MEETS THE MMUM TECHWCAL STANDARDS FOR SURVEYRM3 IN THE STATE OF FLOMOA 2. LANDS SHOWN HEREON WERE NOT ARSTRAC ED FOR 1110(115-OF-WAY, ACCOmNO TO CHAPTER Si-17 Of THE I:LiMdDA ADMINISTRATIVE CADS. EASEMENTS,OWWiERSNIP.OR OTHER INSTRUMENTS OF RECORD. PURSUANT TO SECTION 472.027.FLORIDA STATUTES.SUBJECT TO THE OUAUFICA'I&3 NOTED HEREON. I DATA SHOW HEREON DOES NOT CONSTITUTE A f1ELD SURVEY AS SUCH. 4. THE LAND OESCRWION SHOWN HSREON WAS PREPARED BY THE SURVEYOR. FOR THE FIRM.By.��F�.ius'_�—_'�—�---M""—.�w.I!--..—_..— BEAVQS SHOWN NER M ARE ASSIMED.THE NORTH LINE Of BLACK 22. RICHARD L COUSINS MAP Of TO"Of WDEI.O".P.B.B,M 21,O.C.R,BEARS EW— PROFESSIONAL SURVEYOR AND MAPPER FLORIDA RIRIST#ATION NO.41M REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS LOD OESCRtp1K>1a t SKETCH 111 ---- AV REC DANIA BEACH CITY CENTER LAND DESCRIPTION A(SCALE. N/SKETCH _ SHEET 1 OF 2 COUSINS SURVEYORS & ASSOCIATES, INC.' (PROJECT NUMBER -. 6290-09 3921 SW 47TH AVENUE, SUITE 1011 r DAVIE, FLORIDA 33314 CLIENT CERTIFICATE OF AUTHORIZATION : LB # 6448 GREENHILL DEVELOPMENT PHONE (954) 689-7766 FAX (954) 689-7799 L COMPANY .............. LAND DESCRIPTION AND SKETCH N �_COPENHAGEN AVENUE (PLAT) S.W. FIRST AVENUE EAST RIGHT-W-WAY UNE N 00'01'00" IN 60.00' -LDT 14 WEST UN-LOT 11 1YESt UN-MrIO EST LANE-LOT 7 " i I ( ^� .��'i7 t 4 wo im ►.= = to � v (o :0 0 p*" 0 9 -.4 w d 0 o 3-4 - 4 4— rn In it 0 4.0 0 Ric r5i is G_. 64 ID KWNI-Wr-WAT UM PT 13 EAST UkE-LOT 12, EAST LIK-LOT 9 p S 00-01'00- E ifuw 60.00' SOUTH FEDERAL HIGHWAY CHICAGO AVENUE (PLAT) REVISIONS DATE [FO/PG DWN CKD' fMWER AD TYOMS LAND 03CMnM&&URN "p AV REC DARIA DUC14 CITY CENTERI LAND DESCRIPTION SKETCH �SCALE: 1"= 301, (SHEET 2 OF 2