HomeMy WebLinkAboutR-2011-014 - First Amendment to Development Agreement w/ Downtown Dania Beach Development, Inc. RESOLUTION NO. 2011-014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH
DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; 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 City Commission finds that approval of the First Amendment is in its
best interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated into this
Resolution by this reference.
Section 2. The First Amendment to Development Agreement for the development of
the Project between the City, the CRA and Downtown together with such non-material changes
as may be acceptable to the City Manager and approved as to form and legality by the City
Attorney, is approved.
Section 3. The City Manager is authorized to execute the First Amendment on behalf
of the City 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 City Attorney.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 8, 2011.
P�p'S Fl)�t
ATTEST:
LOUISE STILSON, CMC C. K. MCELYE
CITY CLERK , MAYOR-COMMISSIONER
� A� 1
APPROVED AS TO UORM AND CORRECTNESS:
THO AS S RO
CITY AT O Y
2 RESOLUTION#2011-014
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 has acquired the real property described on
Exhibit 118" attached to this Agreement(the "Entry Roadway Property") and agrees 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
3 RESOLUTION#2011-014
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
by January 1, 2015."
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.]
4 RESOLUTION#2011-014
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
5 RESOLUTION#2011-014
CRA:
DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY
By:
C. K. McElyea, Chairman
Dated: February , 2011
ATTEST:
By:
Louise Stilson, CRA Secretary
WEISS SEROTA HELFMAN PASTORIZA COLE &BONISKE,P.L.
By:
CRA Attorney
6 RESOLUTION#2011-014
COUSINS SURVEYORS & ASSOCIATES INC. PRoaECT NUMBER . 6290-09
3921 SW 47TH AVENUE, SUITE 1011 r
CLIENT
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448 GREENHILL DEVELOPMENT
PHONE 954 689-7766 FAX 954 689-7799 COMPANY
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
ALL 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 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10;
THENCE NORM 90`00'00" EAST ALONG THE NORTH LINE OF SAID LOTS 9 AND 10..A DISTANCE
OF 202.00 FEET;
THENCE SOUTH OO'OVOO" EAST ALONG THE WEST RIGHT—OF—WAY LINE OF SOUTH FEDERAL
HIG;FIWAY,A DISTANCE OF 60.00 FEET;
THENCE SOUTH 9O'DO'GO"WEST,A DISTANCE OF 202.00 FEET;
THENCE NORTH 00.OI'00"WEST ALONG THE WEST LINE OF SAID LOTS 10 AND 1t,AND ALONG
THE EAST RIGHT OF WAY LINE 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
FO/PG FIELD BOOK AND PAGE L1 CENTRAL ANGLE
P08 POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.O. PLAT BOOK
O.C.R. BROWARO COUNTY RECORDS
D.C.R. DADE COUNTY RECORDS
I H£RElY CERTIFY THAT THE ATTACNEO UND DEMWTION AN SKETCH"
IS TRUE AND CORRECT TO THE BST OF MY KNOWLLDOE AND BELIEF AS
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORMNAL RAISED SEAL OF PREPARED UNDER MY DIRECTION IN FEBRUARY,2011.1 fUVKR CUTHY
A FLOV40A LICENSED SURVEYOR AND MAPPER. THAT THIS"LAND DESCRIPTION AND SKETCH"MEETS THE MINIMUM
TMHNRCAL STANDARDS FOR SUR DOW IN THE STALE Of FLORIDA
2. IANOS SNOW%%EREON WERE NOT ABSTRA=FOR WoNTS-OF-WAY, ACCORDING TO CNAMR S.�-17 OF THE FLORIDA ADMINWRATIVE CODE.
TASEMMS,OWNERSHIP,04 OTHER INSTRUMENTS QF R£OORO. PURSUANT TO SECTION 472.027,FLORIDA STATUTES.SUIJECT tO THE
OUAUKATIONS NOTEO MCREON,
3.. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND OESCRIPTKIN SHOWN HEREON WAS PREPARED BY THE SURVEYOR. � �..+..�""
FOR THE FIRM.BY:- -----_.•_,.---..-
S. BEARINGS SIKIWII IR'1 AN ARE ASSUMED.THE NORTH LIME Of BLOCIC 22,
RK:HARD E.GINS
'MAP Of TOWN OF MODELO'.P.B.B.PO,21,O.C.R.GEARS EA5', PROFESSIONAL SURVEYOR AND MAPPER
F1.ORIDA REMSTRATKIN NO.4188
REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS
LAND DESCRIPTION t SKCTe1I 02/04/11 ---- AV REC (DANIA BEACH CITY CENTER
LAND DESCRIPTION
& SKETCH SCALE N/A
SH EET 1 OF 2
$ RESOLUTION#2011-014
11
COUSINS SURVEYORS & ASSOCIATES, INC. �OJECT NUMBER : 6290-09
3921 SW 47TH AVENUE, SUITE 1011 "'—
DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB 111 6448 GREENHILL DEVELOPMENT
PHONE 954 689-7766 FAX 954 689-7799 COMPANY
LAND DESCRIPTION AND SKETCH
OPENHAGEN AVENUE PLAT
S.IV W. FIRST AVENUE
EaT RIGNT-a-err€aye
00'01'00" W 60.00'
-LOT to IWEST LINE-LOT 11 WEST UNMT 10 sT UNE-:LOT 7
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LOT 13 65T L3NE-LOT 42 JAE UN£ LOT 9
$ 00*01 00" E u
8 60.00'
9
SOUTH FEDERAL HIGHWAY
CHICAGO AVENUE (PLAT)
REVISIONS DATE FB PG DWN CKD rRarl trr AiD ESS
uNa aEscmrtloN&SSETCm 0/04,0 c _--_ 1.Av REC DAtt�1 BEAC�I CITY C[tV?fR
LAND DESCRIPTION
& SKETCH SCALE: 1"= 30'
SHEET 2 OF 2
MIMMI.MMI
9 RESOLUTION#2011-014