HomeMy WebLinkAboutR-2022-048 City Place Apartments, LTD. City Hall Garage Parking LeaseRESOLUTION NO.2022-048
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A LEASE OF PARKING SPACES AT
THE CITY HALL GARAGE TO CITY PLACE HOUSING DEVELOPMENT BY
CITY PLACE APARTMENTS, LTD.; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE LEASE AGREEMENT; PROVIDING
FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Place Apartments, LTD., a Florida limited partnership, and its affiliates
(the "City Place") propose to build a new multi -family development for affordable rental housing
to be known as City Place (the "Housing") to be located at 114 SW 1 St Street, Dania Beach,
Broward County, Florida, with restrictions on the incomes of the residents and rents that can be
charged; and
WHEREAS, the scope of the City Place's development consists of 110 units, which units
consist of a mixed unit base (affordable and market rate) and the actual zoning application is being
presented to the City at a quasi-judicial hearing, for the City Commission to review and possibly
approve; and
WHEREAS, City Place is seeking to provide 10 of the minimum parking requirement
parking spaces in the City's parking garage; and
WHEREAS, City Place is seeking a parking variance, in case the parking garage is
destroyed and not rebuilt or if the City's parking garage is otherwise not available for use by City
Place, and to ensure that the project will remain in zoning compliance should it lose the 10 parking
spaces in the garage, but would rather maintain the 10 spaces required under the code, despite the
variance request;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed, and they
are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the appropriate City officials to
execute the parking garage lease with City Place, which lease is incorporated by reference and
attached as Exhibit "A".
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are repealed to the extent of such conflict.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 become effective upon its passage and adoption.
PASSED AND ADOPTED on March 22, 2022.
ATTEST:
THOMAS SC EIDER, CMC TAMARA Y
CITY CLERK MAYOR
q4w Is p'L
APPROVED AS TO FORM AND CORRECTNESS:
EV A BO TSIS
CI TTORNEY
2 RESOLUTION # 2022-048
LEASE AGREEMENT FOR PARKING
THIS LEASE AGREEMENT FOR PARKING ("Agreement" or "Lease") is made as
of , , between the CITY OF DANIA BEACH, a Florida
municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004 ("City") and CITY PLACE APARTMENTS, LTD., a Florida limited
partnership, and/or assigns, having an address at 3050 Biscayne Boulevard, Suite 300, Miami,
FL 33137 ("Developer").
RECITALS:
City is the owner of a municipal parking garage with a street address of 49 Park Avenue
East, Dania Beach, Florida ("Garage"), located on the real property legally described in Exhibit
A attached hereto and made a part hereof (the "Garage Property").
Developer is the owner of a parcel of vacant land located in Dania Beach, Florida which
is adjacent to the Garage and more particularly described in Exhibit B attached to and made a
part of this Agreement ("the "Apartment Property").
Developer intends to develop a multifamily apartment community and wishes to obtain
additional parking to serve the community constructed on the Apartment Property.
City has excess parking available in the Garage.
City is willing to lease to Developer the exclusive use of 10 identified and reserved
covered parking spaces (each, a "Parking Space" and collectively the "Parking Spaces") in the
Garage on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
City and the Developer (collectively, the "Parties") hereby agree as follows:
1. Recitals. The forgoing Recitals are true and correct and are incorporated into and form part
of this Agreement.
2. Exhibits. The following Exhibits are attached to and made a part of this Agreement:
Exhibit A — Legal Description of the Garage Property
Exhibit B — Legal Description of the Apartment Property
Exhibit C -- Floor Plan of the Third Floor of the Garage
3. Defined Terms. Terms used in this Agreement are defined in the sections where they are
first used. The following terms appear throughout this Agreement and have the meanings
set forth below.
3.1. Attorneys' Fees. All reasonable attorneys' fees, expenses, and costs incurred by
a party in connection with any matter arising under this Agreement, including,
without limitation, paralegal fees, in-house attorneys' fees, and all fees, taxes,
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costs and expenses incident to trial, appellate, bankruptcy and post judgment
proceedings.
3.2. Governmental Authority. Any federal, state, county, municipal or other
governmental department, entity, authority, commission board, bureau, court,
agency, or any instrumentality of any of them.
3.3. Governmental Approval. Any license, permit, certificate, consent, authorization,
or other document issued by a Governmental Authority.
3.4. Governmental Requirement. Any law, enactment, statute, code, ordinance, rule,
regulation, judgment, decree, writ, injunction, order, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental
Authority now existing or hereafter enacted, adopted, promulgated, entered, or
issued.
4. Lease.
4.1. Initial Parking Spaces. City hereby leases to Developer, and Developer hereby
leases from City, ten (10) reserved Parking Spaces located in the Garage. A copy
of the plan for the floor of the Garage on which the 10 Parking Spaces will be
located is attached as Exhibit C. The exact location of the Parking Spaces leased
by City to Developer is identified by a bold line around said Parking Spaces drawn
on Exhibit C.
4.2. Additional Parking Spaces. Developer has the option, upon written notice to the
City, to lease up to ten (10) additional parking spaces from the City at any time
during the Lease Term, which may be added to this Lease either individually as the
Developer's needs arise, or all at once. Such additional spaces shall be proximate
to the initial ten Parking Spaces and the parties agree to amend this Lease by
revising Exhibit "C" to show the location of any additional parking spaces upon
Developer's exercise of this option. Once added to the Lease, such additional
parking spaces shall be included in the definition of "Parking Spaces". If
Developer no longer has the need for such additional spaces, Developer may
relinquish them (but, except as provided in Section 17, below, shall not ever have
fewer than ten (10) Parking Spaces) and the Rent payable pursuant to Section 6
below shall be adjusted accordingly.
4.3. City's Right to Relocate Parking Spaces. In the event that the City's need for
parking changes in a manner such that the City will be benefitted by the use of the
Parking Spaces, the City will have the right to relocate the Parking Spaces to a
corresponding location on another covered floor of the Garage, where they will all
be reserved and adjacent to each other.
4.4. Ingress and Egress. This Agreement includes the right of vehicular and
pedestrian ingress and egress through the Garage Property and the Garage to the
Parking Spaces, and from the Parking Spaces to the Apartment Property or any
right-of-way that is adjacent to the Garage Property.
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5. Lease Term and Renewals. The initial term ("Initial Term") of this Lease will
commence on the date that the apartment community to be constructed by the Developer
receives a temporary or permanent Certificate of Occupancy ("Commencement Date").
and shall terminate 10 years thereafter, subject to renewal as provided herein. Developer
will provide notice to City of the occurrence of the Commencement Date. The Initial
Term of this Lease may be renewed by Developer, at its sole election, for five (5)
additional 10-year periods (each, a "Renewal Term"; the Initial Term and any Renewal
Terms are collectively the "Lease Term"). If Developer desires to renew for any
Renewal Term, it will do so by giving City written notice of its election to renew not less
than 90 days before the end of the Initial Term or the Renewal Term then in effect.
6. Rent. Developer shall pay the following rent and other charges for the lease of the
Parking Spaces:
6.1. Initial Term. During the Initial Term, Developer shall pay City rent (the "Rent")
of $45.00 per month for each of the ten (10) Parking Spaces.
6.2. Payment of Rent. The Rent for the Initial Term and, as to any Renewal Term,
the Rent then in effect pursuant to Section 6.3 below, shall be payable annually in
advance on the fifth day of January of each calendar year during the Lease Term.
6.3. Rent Increase During Renewal Terms. For each Renewal Term, the Rent will
increase by ten percent (10%) over the Rent payable during the Initial Term or the
immediately preceding Renewal Term, as applicable. The following example
assumes the rental of the initial ten (10) Parking Spaces:
a. First Renewal Term: Initial Term Rent of $450 X 110% _ $495 per month
per Parking Space (allocated at $49.50 per Parking Space).
b. Second Renewal Term: Fist Renewal Term of $495 X 110% _ $544.50 per
month per Parking Space (allocated at $54.45 per Parking Space).
For each Parking Space in excess of the original ten (10) which is added pursuant
to Section 4.2 above, the monthly Rent shall be increased at a rate equal to the
then -applicable allocation of the per -Parking Space Rent calculated in accordance
with the examples above. Such additional Rent shall be pre -paid on a prorated
basis for the balance of the year in question in a lump sum, when the additional
Parking Space(s) are added.
6.4. Nonpayment of Rent. Developer's failure to pay any installment of the Rent
within 10 days after the due date will be a default under this Agreement. Any
sums not paid within 10 days after the due date will accrue interest at the rate of
12% per annum from due date until paid in full. In addition, any Rent not paid
within 10 days after the due date will be subject to a late payment fee in the
amount of 5% of the past due payment.
7. Use. Developer shall use the Parking Spaces exclusively for passenger vehicle parking
for residents, visitors and employees, and for no other use or purpose whatsoever.
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Developer shall use the Parking Spaces in compliance with all Governmental
Requirements. Developer will not be permitted to charge any rent or fees to its residents
for the use of the Parking Spaces without the prior written consent of City. Charges for
parking services such as valet parking will not be considered rent or fees for the use of
the Parking Spaces.
8. City's Right of Access. City and its agents and representatives will have the right to
enter upon the Parking Spaces at all times, but will not have the right to enter into
vehicles parked in the Parking Spaces except in cases of emergency.
9. Condition of Parking Spaces. Developer represents that it has made a thorough
inspection of the Parking Spaces and accepts them in "as is," "where is" condition as of
the date of this Agreement. City has no obligation to perform any work on the Parking
Spaces or in the Garage to prepare the same for Developer's use. City will not be
responsible for any latent or obvious defects in the Parking Spaces or the Garage.
10. Access to and Identification of Parking Spaces. Not less than six months prior to the
anticipated Commencement Date, Developer and City shall jointly develop a plan for (i)
the procedure by which residents, guests and employees will obtain access to the Parking
Spaces (for example, by card key, fob, or other access device) and (ii) the manner in
which the Parking Spaces will be identified (for example, wall signage for each Parking
Space, labeling of wheel stops, or other means of identification.) Developer will be
responsible for all costs and expenses of implementing the access and identification
procedures once they have been agreed to in writing by City. The installation and
operation of all access and identification facilities, devices or improvements ("Access
and Identification Improvements") must be in accordance with all applicable
Governmental Requirements.
11. Alterations. Developer shall not make any alterations or improvements to the Parking
Spaces or the Garage other than the Access and Identification Improvements without
obtaining City's prior written consent, which may be withheld in City's sole discretion.
If any mechanic's lien is filed against the Garage or the Parking Spaces for work claimed
to have been done for, or materials furnished to, Developer (including work or materials
which are part of the Access and Identification Improvements), Developer must discharge
the lien or transfer it to bond at Developer's sole cost and expense within 10 days after
Developer receives notice of the lien.
12. Services, Utilities and Security. City is not obligated to furnish any services, utilities, or
security for the Parking Spaces other than (i) the existing lighting, exhaust, and sprinkler
systems located in the Garage on the date of this Agreement, as same may change from
time to time; (ii) the same cleaning services that are provided for the balance of the
Garage from time to time; and (iii) the same security services (if any) provided for the
balance of the Garage from time to time. City has no affirmative obligation to provide
any security services in the Garage at any time. City will not be liable to Developer or
its agents, contractors, subcontractors, servants, employees, tenants, residents, visitors, or
invitees (collectively, "Developer Parties") for any claims arising out of (i) any
impediment to access or use of the Parking Spaces, unless caused by City, its employees,
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contractor or agents, (ii) any loss, disruption, or alleged inadequacy or deficiency in any
utility, system, or service provided in the Garage, unless due to City's breach of this
Agreement or any willful misconduct or gross negligence of City, its employees,
contractors or agents; or (iii) any damage, injury or theft to any vehicle or individual
using the Garage, unless due to the willful or grossly negligent misconduct of City, its
employees, contractors or agents.
12.1. Additional Security. If Developer wishes to provide additional security for the
Parking Spaces, Developer shall send written notice to City advising City of the
additional security to be provided. Any additional security requiring alterations or
improvements to the Parking Garage will be subject to the City's prior written
consent, which may be withheld or conditioned at City's sole discretion.
13. Insurance.
13.1. Required Coverage. Beginning on the Commencement Date, and throughout the
Lease Term, Developer shall maintain Commercial General Liability Insurance
naming the City as an Additional Insured, written on a carrier licensed to do
business in Florida with an AM Best rating of A- or better. Coverage must
include, at a minimum: (i) Premises Operations, (ii) Products and Completed
Operations, (iii) Blanket Contractual Liability, (iv) Personal Injury Liability, and
(v) Expanded Definition of Property Damage. The minimum limits acceptable
are $1,000,000 Per Occurrence, $2,000,000 Per Location Aggregate. The use of
an excess/umbrella liability policy to achieve the limits required by this paragraph
will be acceptable as long as the terms and conditions of the excess/umbrella
policy are no less restrictive than the underlying Commercial General Liability
policy.
13.2. Adequacy of Insurance Coverage. City has the right to periodically review the
adequacy of the insurance coverage required by this Agreement. The City may
request a change in the insurance coverage if the requested change is reasonable,
customary, and commonly available for properties similar to the Developer's
apartment community in type, size, use and location.
13.3. Evidence of Insurance. Developer must provide satisfactory evidence of the
required insurance to the City. Satisfactory evidence of insurance is either: (i) a
certificate of insurance; or (ii) a certified copy of the actual insurance policy
13.4. Cancellations and Renewals. All insurance policies must specify that they are
not subject to cancellation or non -renewal without a minimum of 45 days
notification to the Developer; and a minimum of 10 days notification for non-
payment of premium. The Developer will provide the City a minimum of 30 days
written notice if any policies are cancelled or non -renewed, and 10 days written
notice for non-payment of premium.
14. Damage, Destruction or Taking of Parking Garage.
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14.1. Casualty or Taking. If there is a casualty ("Casualty") which causes damage to
portions of the Garage where the Parking Spaces are located, but leaves other
portions of the Garage in usable condition, City will have the right to relocate the
Parking Spaces to a usable location in the Garage, and this Agreement will remain
in full force and effect. Following restoration of the damaged portion of the
Garage, the Developer may request that the Parking Spaces be relocated to their
original place in the Garage. If there is a taking by condemnation ("Taking") of a
portion of the Garage where the Parking Spaces are located, but the Taking leaves
other portions of the Garage in usable condition, City will have the right to
relocate the Parking Spaces to a usable location in the Garage, and this Agreement
will remain in full force and effect.
14.2. Major Casualty, Taking or Deterioration. If (i) the Garage is damaged by a
Casualty which results in damage to or destruction of the Garage to the extent of
fifty percent (50%) or more of the cost reasonably estimated to rebuild or restore
it ("Major Casualty"), (ii) a Taking by condemnation of a material portion of the
Garage occurs, or (iii) there occurs a substantial deterioration of the structural
integrity of the Garage over time so that the Garage is not usable for parking or is
required to be demolished, the City will have the following options, any one of
which may be exercised by City in its sole discretion:
14.2.1. City May Elect Not to Rebuild. City may elect not to rebuild the
Garage, in which event, City shall provide Developer with written
notice of City's election not to rebuild the Garage, and of termination
of this Agreement. This Agreement and all rights and obligations
hereunder will terminate 10 days after the notice of termination is sent
by City, and City will refund to Developer any unearned portion of the
current year's Rent. Further, if the City elects not to rebuild the
Garage and City is unable to provide Developer comparable substitute
parking within one city block of the Apartment Property, the
Developer or then owner of the project (or owners if a condominium)
shall be required to obtain the required parking for zoning purposes
either through a private off -site parking agreement, seeking an
alternative parking standard, a variance, or a payment in lieu of
parking.
14.2.2. City May Elect to Rebuild. City may elect to rebuild the Garage, in
which event City shall provide Developer with written notice of City's
election to rebuild. If City elects to rebuild the Garage, Developer will
elect one of the following options:
(a) This Agreement will remain in effect, but if the Parking Spaces
are unavailable for use until the Garage is rebuilt, will be suspended
until the Garage is rebuilt (with credit given as to Developer against
future Rent payments, for the pre -paid Rent applicable to such period
of suspension);
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(b) Developer may elect to terminate this Agreement and all rights
and obligations hereunder by sending written notice of termination to
the City within 10 days after receipt of notice of City's election to
rebuild. City will refund to Developer any unearned portion of the
current year's Rent.
(c) If the City, at its option, offers to provide Developer with parking
spaces ("Replacement Spaces") in an alternate location, and if the
alternate location is acceptable to Developer, but in any event within
one city block of the Apartment Property, then this Agreement will
remain in full force and effect. Upon substitution of the Parking
Spaces with the Replacement Spaces, the Replacement Spaces will be
deemed to be the Parking Spaces and will be subject to the terms and
conditions of this Agreement. City and Developer will enter into an
amendment of this Agreement within 30 days after request by the City
confirming the change of the Parking Spaces to the Replacement
Spaces.
15. Indemnification.
15.1. Developer's Obligation to Defend. Developer shall defend, indemnify and save
harmless City, its council members, officers, employees, agents and contractors
from and against all liabilities, obligations, damages, penalties, claims, costs,
charges and expenses, including, without limitation, Attorneys' Fees (including
those resulting from the enforcement of the foregoing indemnification), arising
from, or which may be imposed upon, incurred by or asserted against City, by
reason o£
15.1.1. Any work or activity done in, on or about the Parking Spaces, or the use
thereof by or on behalf of Developer or any Developer Parry;
15.1.2. Any act, omission or negligence of Developer or any Developer Parry;
15.1.3. Any accident, injury or damage whatsoever caused to any person or to
the property of any person occurring in, on or about the Parking Spaces
or occurring outside the Parking Spaces but within the Garage;
15.1.4. Any accident, injury or damage whatsoever caused to any person or to
the property of any person occurring on or about the Roadway which is
the result of the act, omission or negligence of Developer or any
Developer Parry;
15.1.5. Any failure on the part of Developer or any Developer Party to observe
or perform any of the covenants, agreements, terms, provisions,
conditions or limitations contained in this Agreement to be observed or
performed by Developer, including compliance with any Governmental
Requirements applicable to the Garage, the Parking Spaces, or the
Roadway.
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15.2. Legal Action. If any action or proceeding is brought against City, its council
members, officers, employees, agents and contractors by reason of any claim
arising out of a matter set forth in this Section 15, then upon written notice from
City, Developer shall, at Developer's sole cost and expense, resist or defend such
action or proceeding by counsel of Developer's choice, which counsel shall be
subject to City's prior written approval (such approval not to be unreasonably
withheld, conditioned or delayed).
15.3. Limitation. The indemnification set forth in this Section 15 will not apply to any
damages resulting from the gross negligence or willful misconduct of City or its
council members, officers, employees, agents and contractors.
15.4. Survival. The provisions of this Section 15 will survive the termination of this
Agreement.
16. End of Lease Term.
16.1. Termination of Agreement. This Agreement and all rights of Developer and
City under this Agreement will terminate upon occurrence of any of the
following:
16.1.1. Expiration of the Lease Term; or
16.1.2. Termination after a default which is not cured within any applicable
notice and cure period, Major Casualty, material Taking, or other
occurrence under this Agreement which entitles either the City or the
Developer to terminate this Agreement.
16.2. Developer to Vacate Parking Spaces. Upon the termination of this Agreement
for any of the reasons set forth in this Section 16, Developer and all Developer
Parties shall promptly vacate the Parking Spaces and remove from the Parking
Spaces any personal property belonging to Developer or any Developer Parties.
Developer shall leave the Parking Spaces broom clean and in the same condition
existing on the date of this Agreement, subject to reasonable wear and tear or any
damage resulting from a casualty not caused by Developer or any Developer
Parties.
16.3. Survival. The provisions of this Section 16 shall survive the termination of this
Agreement.
17. Change in Governmental Requirements. In the event of a change in any applicable
Governmental Requirement which legally reduces the required parking count for the
operation of the Apartment Property, and as a result, Developer no longer requires the
Parking Spaces to satisfy the applicable Governmental Requirement, Developer may
terminate this Lease and relinquish the Parking Spaces, and City will refund to Developer
any unearned portion of the current year's Rent.
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18. Right to Mortgage; Cure Rights. Developer may grant one or more mortgages of its
interest in the Lease (each, a "Leasehold Mortgage") to lenders and, in connection
therewith, to collaterally assign this Lease to such lenders. Developer shall identify the
name of each mortgagee ("Leasehold Mortgagee") and an addresses to which notices to
the Leasehold Mortgagee are to be sent. City agrees to execute any additional
documents, including but not limited to Subordination, Non -Disturbance and Attornment
Agreements required by a Leasehold Mortgage, or further assurances as may be
reasonably requested by any Leasehold Mortgagee in connection with any Leasehold
Mortgage permitted hereunder. Landlord's obligation to provide notices and cure rights
shall be extended to all Leasehold Mortgagees and to any person or entity serving as the
Developer's limited partner (the "Limited Partner"). City shall accept the cure of any
default hereunder which is tendered by a Leasehold Mortgagee or by the Limited Partner
as if the same had been done by Tenant. No termination, cancellation, surrender,
modification or amendment of this Lease by agreement between City and Developer shall
be effective unless consented to in writing by each Leasehold Mortgagee and the Limited
Partner.
19. No Assignment or Sub -Lease. Developer shall not assign, transfer, sub -lease or
otherwise hypothecate, pledge, or encumber this Agreement or Developer's rights under
this Agreement, nor shall Developer permit or suffer any person or entity other than its
employees, residents, and the residents' guests and invitees to use or occupy all or any
part of the Parking Spaces without City's prior written consent, which consent may be
withheld in City's sole discretion.
20. Default and Remedies. If Developer fails to fulfill any obligation or covenant set forth
in this Agreement, City will be entitled to exercise any or all remedies available under
this Agreement, or at law or in equity. If City fails to fulfill any obligation or covenant
set forth in this Agreement, Developer will be entitled to exercise any or all remedies
available under this Agreement, or at law or in equity.
21. Notices. All notices, demands, requests and other communications required under this
Agreement must be given in writing and may be delivered by (i) hand delivery, with a
receipt issued by the party making such delivery; (ii) certified mail, return receipt
requested, or (iii) a nationally recognized overnight delivery service which provides
delivery confirmation. Notice will be deemed to have been given upon receipt or refusal
of delivery. All notices, demands, requests and other communications required under this
Agreement may be sent by facsimile or electronic mail provided that the facsimile or
electronic communication is followed up by notice given pursuant to one of the three
methods in the preceding sentence. Any party may designate a change of address by
written notice to the other party, received by such other party at least ten days before the
change of address is to become effective.
21.1. Notice to Developer. Notice to the Developer under this Agreement must be
sent to:
Landmark Companies, Inc.
3050 Biscayne Boulevard, Suite 300
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Miami, Florida 33137
Attn: Francisco Rojo
Tel (305) 538-9552, Ext. 103
Fax (305) 538-9553
francisco@landmarkco.net
With a copy to:
Stearns Weaver Miller Weissler Alhadeff and Sitterson, P.A.
150 West Flagler Street
Suite 2200
Miami, FL 33130
Attn: Brian McDonough
Ph 305-789-3350
Fax 305-789-3395
bmcdonoughgsteamsweaver..com
21.2. Notice to City. Notice to the City under this Agreement must be sent to:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: City Manager
Telephone: 954-924-6800 x3606
Email: agarcia@daniabeachfl.gov
With copies to:
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: Tom Ansbro, Esq.
Telephone: (954) 924-6800 x 3635
Facsimile:
Email: eboutsis@daniabeachfl.gov
22. Miscellaneous Provisions.
22.1. Amendments. No amendment to this Agreement will be binding on any party
unless in writing and signed by all parties.
22.2. Attorneys' Fees. In the event either party to the Agreement institutes legal
proceedings in connection with the Agreement, the prevailing party will be
entitled to recover all reasonable attorneys' fees and expenses and court costs,
including, without limitation, all in-house attorneys' fees, and all fees, taxes, costs
and expenses incident to trial, appellate, bankruptcy and post judgment
proceedings.
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22.3. Authority. Developer represents that it has full right, power and authority to
enter into this Agreement and to perform its obligations and agreements
hereunder, and that the person or persons executing this Agreement on behalf of
Developer are duly authorized to do so.
22.4. Conflicts of Interest; City Representatives not Individually Liable. No
elected official, representative, or employee of the City has any personal interest,
direct or indirect, in this Agreement. No elected official, representative or
employee will participate in any decision relating to this Agreement which affects
his or her personal interest or the interest of any corporation, partnership or
association in which he or she has an interest, directly or indirectly. No elected
official, representative or employee of the City will be personally liable to
Developer or any successor in interest for any amount which may become due to
Developer for any obligations of City under this Agreement, or in the event of any
default or breach by the City.
22.5. Counterparts. This Agreement may be signed in counterparts, each one of
which is considered an original, but all of which constitute one and the same
instrument. This Agreement is effective only after execution and delivery by the
parties. .
22.6. Entire Agreement. This Agreement and the exhibits constitute the sole
agreement of the parties with respect to its subject matter. Any prior written or
oral agreements, promises, negotiations, representations or communications not
expressly set forth in this Agreement are of no force or effect.
22.7. Governing Law. This Agreement shall be construed in accordance with, and
governed by the laws of, the State of Florida.
23. Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY
WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION,
PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR
RELATING TO (a) THIS AGREEMENT, INCLUDING ANY EXHIBITS, OR
SCHEDULES ATTACHED TO THIS AGREEMENT; (b) ANY OTHER DOCUMENT
OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED IN
CONNECTION WITH THIS AGREEMENT; OR (c) THE TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT. THIS WAIVER SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
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IN WITNESS WHEREOF, City and Developer have executed this Agreement
as of the day and year first above written.
CITY OF DANIA BEACH, a Florida municipal
corporation
Tamara James, Mayor
Anna Garcia, ICMA-CM, City Manager
ATTEST:
Thomas Schneider, CMC, City Clerk
APPROVED AS TO FORM AND SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY
OF DANIA BEACH ONLY:
I0
Eve Boutsis, City Attorney
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, this day of , by Tamara
James and Ana Garcia, as Mayor and Manager, respectively, of the City of Dania Beach, on
behalf of the City. They are personally known to me or have produced
as identification.
[SEAL]
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33867-0140
Notary Public, State of Florida
DEVELOPER:
CITY PLACE APARTMENTS, LTD., a Florida
limited partnership
By: City Place Apartments GP, LLC, its general
partner
Bv:
Francisco Rojo, Vice President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ]
online notarization this day of , , by Francisco Rojo, as Vice
President of City Place Apartments GP, LLC, the general partner of CITY PLACE
APARTMENTS, LTD., a Florida limited partnership. He is personally known to me or has
produced
[SEAL]
as identification.
Notary Public, State of Florida
13
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33867-0140
Exhibit A
Legal Description of Garage Property
That portion of the following -described real property which is comprised of the Garage:
Lots 1-9 in Block 21, of TOWN OF DANIA (FORMERLY MODELO), according the Plat
thereof recorded in Plat Book B, Page 49, of the Public Records of Miami -Dade County, Florida,
said lands situate in Broward County, Florida.
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33867-0140
Exhibit B
Legal Description of Apartment Property
Lots 10, 11, 12, 13, 14, 15 and 16, Block 21, TOWN OF DANIA (FORMERLY MODELO),
according the Plat thereof recorded in Plat Book B, Page 49, of the Public Records of Miami -
Dade County, Florida, said lands situate in Broward County, Florida.
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#10186887 A
33867-0140
Exhibit C
Floor Plan of Garage Third Floor
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33867-0140
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3 100 W DANIA BEACH BLVD- DANIABEACH, FLORIDA
17
410186887 v-78
33867-0140