HomeMy WebLinkAboutR-2017-113 Authorizes the Execution of a Contribution Agreement with Dania Beach Hospitality Group, LLC for a Water Impact Fee Credit Related to the Development of the Wyndham Garden Hotel RESOLUTION NO. 2017-113
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A CONTRIBUTION AGREEMENT AND ANY ADDITIONAL
DOCUMENTS PERTAINING TO THE AGREEMENT AND TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS
OF THE AGREEMENT, WITH DANIA BEACH HOSPITALITY GROUP, LLC
FOR A WATER IMPACT FEE CREDIT RELATED TO THE DEVELOPMENT
OF THE WYNDHAM GARDEN HOTEL; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Dania Beach Hospitality Group, LLC (the "Developer") owns real property
located in the City, the legal description of which is attached and made a part of the attached
Contribution Agreement(the "Property"); and
WHEREAS, on August 25, 2015, the City of Dania Beach, Florida (the "City") passed
and adopted Resolution No. 2015-092 (the "Resolution") approving Developer's site plan, with
conditions, to construct a hotel and certain improvements (the "Hotel") on the Property; and
WHEREAS, the City and Developer entered into a Development Agreement in which
Developer has agreed to construct certain off-site improvements pursuant and subject to the
terms and conditions in it(the "Development Agreement"); and
WHEREAS, the Developer has agreed to construct a new off-site water line in
conformance with the relevant provisions of the Development Agreement (the "New Water
Line") provided, among other things, that the cost of construction and installation of the New
Water Line may be credited against City-imposed water impact fees, arising from development of
the Wyndham Garden Hotel; and
WHEREAS, Chapter 27, ARTICLE IV "Water And Sewer System Impact Fees,"
Section 27-212 "Developer Contribution Credit" of the City Code of Ordinances (the "City
Code"), allows for impact fee credits to be granted by the City Commission for the construction
and installation of water system facilities or improvements made as identified within the
Contribution Agreement attached as Exhibit"A"and incorporated into this Resolution; and
WHEREAS, the City Commission finds that the proposed construction and installation
of the New Water Line is in conformity with the City's contemplated improvement and additions
to the regional sewer system; and
WHEREAS, the City Commission finds that the proposed New Water Line, viewed in
conjunction with other existing or proposed plans, will not adversely impact the cash flow or
liquidity of the water system impact fee reserve account in such a way to frustrate or interfere
with other planned or ongoing growth-necessitated capital improvements and additions to the
regional water system; and
WHEREAS, the City Commission finds that the proposed New Water Line, viewed in
conjunction with other existing or proposed plans, will not create a detrimental imbalance
between the treatment and transmission capabilities of the regional water system; and
WHEREAS,the proposed plan is consistent with the public interest; and
WHEREAS, the proposed time schedule for completion of the New Water Line is
consistent with the City's most recently adopted five-year capital improvement program for the
regional water system; and
WHEREAS, in accordance with Section 27.212 of the City Code, the Developer is
entitled to a credit against City-imposed water impact fees for the construction and installation of
the New Water Line associated with the development of the Wyndham Garden Hotel;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by reference.
Section 2. That the City Commission approves the execution of the Contribution
Agreement, a copy of which is attached as Exhibit "A", and made a part of and incorporated into
this Resolution by this reference, authorizing a credit against City-imposed water impact fees for
the construction and installation of the New Water Line associated with the development of the
Wyndham Garden Hotel.
Section 3. That the appropriate City officials including the Mayor, City Manager and
City Attorney, are authorized to execute the Contribution Agreement and any additional
documents pertaining to the Contribution Agreement and to take all action necessary to
implement the terms and conditions of the Contribution Agreement.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
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Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
Section 6. That the City Clerk shall record this Resolution in the official records of
Broward County within fourteen (14) days after the parties have executed the Contribution
Agreement.
PASSED AND ADOPTED on September 26, 2017.
ATTEST: �P�'S F1RSr cry
LOUISE STILSON, CMC TAMARA J E '
CITY CLERK 1 MAYOR
�N�FtpORP�`�
APPROVED AS tFAAND CORRECTNESS:
THOMA J. A BRO
CITY ATTORNEY
3 RESOLUTION#2017-113
CONTRIBUTION AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND DANIA BEACH HOSPITALITY GROUP,LLC
This Contribution Agreement ("Contribution Agreement") is made as of this day of
September, 2017 by and between Dania Beach Hospitality Group, LLC, a Florida limited liability
company (the "Developer") and the CITY OF DANIA BEACH, a municipal corporation and
political subdivision of the State of Florida(the "City").
WITNESSETH:
WHEREAS, Developer owns real property located at 129 N Federal Hwy in the City, the
legal description of which is attached hereto and made a part hereof as Exhibit"A" (the
"Property"); and
WHEREAS, on August 25, 2015, the City passed and adopted Resolution No. 2015-092
(the "Resolution") approving Developer's site plan, with conditions,to construct a hotel and
certain improvements (the "Hotel") on the Property; and
WHEREAS, the City of Dania Beach, Florida (the "City") and Dania Beach Hospitality
Group, LLC (the "Developer") entered into a Development Agreement dated September ,
2017 and approved by Resolution No. 2017- , wherein Developer has agreed to construct
certain off-site improvements pursuant and subject to the terms and conditions therein (the
"Development Agreement"); and
WHEREAS, Section 27-212 of the City Code of Ordinances (the "City Code"), provides
that a developer contribution credit against City-imposed water connection fees and impact fees
may be granted in exchange for the construction and installation of water system facilities or
improvements and additions to them; and
WHEREAS, DEVELOPER has previously paid the CITY water impact fees and
connection fees in the amount of$44,467 for the development of the Hotel; and
WHEREAS, pursuant to Section 27-212 of the City Code, credits against connection fees
and impact fees are to be issued pursuant to a contribution agreement between City and the
Developer; and
WHEREAS, the Developer has agreed to construct a new off-site water line in
conformance with the relevant provisions of the Development Agreement (the "New Water
Line"), provided, among other things, that the cost of construction and installation of the New
Water Line (the "New Water Line Installation Costs") shall be credited against City-imposed
water connection and impact fees arising from development of the Hotel, subject to the terms and
conditions as more particularly set forth herein; and
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WHEREAS, the proposed construction and installation of the New Water Line is in
conformity with the City's contemplated improvement and additions to the regional water
system; and
WHEREAS, the New Water Line is consistent with both the public interest and with the
City's Comprehensive Plan; and
WHEREAS, the City and Developer agree and acknowledge this Contribution
Agreement shall not be construed or characterized as a development agreement under F.S. §§
163.3220 through 163.3243 (the "Florida Local Government Development Agreement Act"); and
WHEREAS, in accordance with Section 27-212 of the City Code, the Developer is
entitled to a credit against City-imposed water connection fees and impact fees for the
construction and installation of the New Water Line associated with the development of the
Hotel.
NOW, THEREFORE, in consideration of mutual covenants herein contained, the legal
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The foregoing recitations contained in the "Whereas Clauses" are true and
correct and are incorporated into and made a part of this Agreement as specially set forth herein.
2. Developer, or its successors or assigns pursuant to Section 6 below, hereby
agrees to install, or cause to be installed, the New Water Line and to pay all New Water Line
Installation Costs. In consideration of such payment and the timely performance of Developer's
obligations (as provided in the Development Agreement), City hereby agrees to apply all New
Water Line Installation Costs as a credit against any City-imposed water impact fees, which
include connection fees as defined in the City Code, arising from the development of the Hotel,
subject to the standards of valuation and limitations set forth in Section 27-212(b) of the City
Code. Upon completion of the New Water Line and Developer's obligations (as provided in the
Development Agreement), eligible water impact fee credits shall be refunded by the City to the
Developer.
3. Unless otherwise agreed between Developer and City pursuant to an
amendment to this Contribution Agreement or another cost sharing agreement, City and
Developer agree that the total amount of water impact fee credits granted shall not exceed the
total amount of City-imposed water impact fees due for the Hotel. City and Developer further
agree that New Water Line Installation Costs, which exceeds the total amount of City-imposed
water impact fees due for the Hotel, shall not be eligible or qualify as a future reimbursement or
water impact fee credit to Developer.
4. This Contribution Agreement shall be constructed and governed in
accordance with the laws of the State of Florida. All parties to this Contribution Agreement have
participated fully in the negotiation and preparation hereof and accordingly, this Contribution
Agreement shall not be more strictly construed against any one of the parties hereto. All parties
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agree particularly that this Contribution Agreement is bound by the terms of Chapter 27,
ARTICLE IV "Water and Sewer Impact Fees" of the City Code (the "Impact Fee Ordinance")
and any other applicable City Ordinances (collectively "Ordinances"). Any and all applicable
terms of those Ordinances shall be considered incorporated herein by reference. If there is any
inconsistency found between this Contribution Agreement and such Ordinances or applicable
law, those Ordinances or law shall prevail and be applicable; provided, however, that if such an
inconsistency is found, City and Developer shall, in good faith and with reasonable diligence,
modify this Contribution Agreement to comply with such Ordinances or applicable law in a
manner which best reflects the intent of this Contribution Agreement.
5. No modification, amendment, or release of the terms or conditions
contained herein shall be effective unless contained in a written document executed by City and
Developer. In the event state or federal laws are enacted after the execution of this Contribution
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms or conditions of this Contribution Agreement, then in such event this Contribution
Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner
which best reflects the intent of this Contribution Agreement.
6. The rights and obligations under this Contribution Agreement shall inure
to Developer's successors and assigns; provided, however, that in the event that Developer
conveys all or substantially all of the Property to a third parry who expressly assumes the
obligations of Developer hereunder, then Developer shall deliver not less than thirty (30) days'
advance written notice of such conveyance and assumption to City.
7. It is understood and agreed that this Contribution Agreement incorporates
and includes all prior negotiations, agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this Contribution Agreement that are not contained in this document,except for
the relevant provisions of the Development Agreement concerning the New Water Line and New
Water Line Installation Costs as previously referenced herein. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written.
8. Any notice, demand or other communication required or permitted under
the terms of this Agreement shall be in writing, made by overnight delivery services or certified
mail, return receipt requested, and shall be deemed to be received by the addressee one (1)
business day after sending by overnight delivery services, and three (3) business days after
mailing, if sent by certified mail. Notices shall be addressed as provided below:
As to CITY:
Mr. Robert Baldwin
City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
6 RESOLUTION#2017-113
Dania Beach, Florida 33004
with a copy to:
Thomas J. Ansbro, Esq.
City Attorney
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
As to DEVELOPER:
Mr. Jose D. Berman
President
AD 1 Management, Inc.
1955 Harrison St. Suite 202
Hollywood FL 33020
and:
Mr. Gilberto Sanchez
AD 1 Global LLC
2028 Harrison St. Suite 202
Hollywood FL 33020
with a copy to:
Stephen K. Tilbrook, Esq.
GrayRobinson, P.A.
401 East Las Olas Blvd.
Suite 1000
Fort Lauderdale, FL 33301
9. The parties agree that this Contribution Agreement may be executed in
counterparts, and that collectively the counterparts shall be considered an original agreement and
shall be deemed legally sufficient and binding upon the parties.
10. The Developer agrees to provide for and retain adequate records and
supporting documentation, which concern the New Water Line and reflect the New Water Line
Installation Costs. This information shall be available to the City, or its duly authorized agent or
representative, for audit, inspection or copying, for a minimum of five (5) years from the
termination of this Contribution Agreement.
11. The parties agree to comply with the City's risk management guidelines
which may be established by the City's Risk Manager from time to time, including but not
limited to, insurance and indemnification acceptable to the City, provided that such guidelines
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are reasonable and otherwise reasonably conform with risk management guidelines for
municipalities in South Florida.
12. The Developer acknowledges that the failure of the Contribution
Agreement to address any permit, condition, term or restriction shall not relieve either the
Developer, or their successors, of the necessity of complying with any law, ordinance, rule or
regulation governing permitting requirements, conditions,terms or restrictions.
13. An annual review and audit of performance under this Contribution
Agreement shall be performed by the City to determine whether or not there has been
demonstrated good faith compliance with the terms of this Contribution Agreement and to report
the credit applied toward payment of City-imposed water impact fees and the balance of
available unused credit. If the City Commission, in good faith, finds, on the basis of competent
substantial evidence reasonably related to the New Water Line, that there has been a failure to
comply with the terms of this Contribution Agreement, the Contribution Agreement may be
revoked or modified by the City.
14. In the event of a dispute under this Contribution Agreement, either party
may file an action for injunctive relief in the Circuit Court of Broward County, Florida, to
enforce the terms of this Contribution Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Contribution Agreement.
15. This Contribution Agreement shall be recorded by the City in the Official
Records of Broward County, Florida, within fourteen (14) days of execution of this Contribution
Agreement by the parties. The Developer shall pay all costs of recording this Contribution
Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the parties have made this Amendment on the date first above
written.
CITY:
CITY OF DANIA BEACH
By:
Tamara James,Mayor
Dated:
ATTEST:
(SEAL)
Louise Stilson,City Clerk
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of ,
2017, by Tamara James, as Mayor of the City of Dania Beach, Florida, a municipal corporation,
on behalf of the municipal corporation, who is personally known to me.
NOTARY PUBLIC:
(SEAL)
My Commission expires:
Print Name:
9 RESOLUTION#2017-113
Signed, sealed and delivered in the DEVELOPER:
presence of:
DANIA BEACH HOSPITALITY GROUP,
LLC,a Florida limited liability company
(Signature)
By: AD Management,Inc., a Florida corporation,
a
Print Name s manager
By:
(Signature) Jose D. Berman,President
Print Name Dated:
ACKNOWLEDGEMENT:
STATE OF FLORIDA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2017,
by , as of DANIA BEACH
HOSPITALITY GROUP,LLC, a Florida limited liability company, who is personally known
to me or produced as identification.
NOTARY PUBLIC:
(SEAL)
My Commission expires: Print Name:
10 RESOLUTION#2017-113
Exhibit "A"
PROPERTY
Parcel 1:
Lots 9 and 12, LESS the East 8 feet thereof, and Lots 10 and 11, Block 10, TOWN OF
MODELO (now Dania), according to the map or plat thereof, as recorded in Plat Book "B", Page
49, of the Public Records of Miami - Dade County, Florida, said lands situate, lying and being in
Broward County, Florida.
Parcel 2:
Lots 13, 14, 15 and 16, LESS the East 8 feet of Lots 13 and 16, Block 10, Town of Modelo (Now
Dania), according to the map or plat thereof, as recorded in Plat Book "B", Page 49, of the Public
Records of Miami - Dade County, Florida, said lands situate, lying and being in Broward County,
Florida.
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