HomeMy WebLinkAboutR-2022-182 City Place Apartments, LTD. Termination of Parking Agreement for Parking Spaces in City Garage RESOLUTION NO. 2022-182
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE TERMINATION BY MUTUAL
AGREEMENT OF A LEASE OF PARKING SPACES IN THE CITY GARAGE
AT 49 PARK AVENUE EAST TO CITY PLACE APARTMENTS, LTD.;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
PARKING LEASE TERMINATION AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Place Apartments, Ltd., a Florida limited partnership, and its affiliates
("City Place") propose to build a new multi-family development for affordable rental housing to
be known as City Place (the "Project") to be located at 75 Park Avenue West, Dania Beach,
Broward County, Florida, with restrictions on the incomes of the residents and rents that can be
charged; and
WHEREAS, to accommodate the originally planned 110 residential units of affordable
and market rate housing, City Place and the City entered into a Lease Agreement for Parking (the
"Parking Lease") dated as of August 17, 2022 to provide ten (10) parking spaces in the City's
parking garage at 49 Park Avenue East(the "Garage"), adjacent to the Project; and
WHEREAS, due to recent industry-wide construction cost increases, City Place has
reduced the total number of units in the Project from 110 to 99 units, which change will assist in
the financial viability of the Project; and
WHEREAS, the elimination of 11 units results in a reduction in the number of required
parking spaces for the Project and accordingly, the Project's parking needs can be fully met by
the parking spaces proposed in the on-site garage of the Project and there is no longer a need to
lease parking spaces from the City in the Garage; and
WHEREAS, because of the changes to the Project and the reduced need for parking, the
City and City Place have agreed to cancel and terminate the Parking Lease pursuant to the
Parking Lease Termination Agreement (the "Termination Agreement") in the form attached to
this Resolution and incorporated herein as Exhibit"A";
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 Termination Agreement with City Place.
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 December 13, 2022.
ATTEST:
4 F. la
• ,
THOMAS SCHNEIDER, CMC �\ �d'% ARCHIB D J. I,ZYA IV
to
CITY CLERK .f). MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
E E . BO TSIS
T ATTORNEY
2 RESOLUTION#2022-182
Exhibit"A"
PARKING LEASE TERMINATION AGREEMENT
THIS PARKING LEASE TERMINATION AGREEMENT("Agreement") is made as of
, 2022,between the CITY OF DANIA BEACH, a Florida municipal
corporation("City")and CITY PLACE APARTMENTS,LTD., a Florida limited partnership,
("Developer").
PRELIMINARY STATEMENTS
A. City and Developer entered into a Lease Agreement for Parking (the "Lease")
dated August 17, 2022, for the lease by City to Developer of ten (10) covered
parking spaces in the City's garage (the "Garage") located at 49 Park Avenue
East, Dania Beach, Florida, to provide parking required for the Developer's
proposed affordable housing project (the "Project") to be located adjacent to the
Garage.
B. Due to recent industry-wide construction cost increases, Developer has reduced
the total number of units in the Project from 110 to 99 units. This change will
assist in the financial viability of the Project.
C. The elimination of 11 units results in a reduction in the number of required
parking spaces for the Project; accordingly, the Project's parking needs can be
fully met by the parking spaces proposed in the on-site garage of the Project and
there is no longer a need to lease parking spaces from the City in the Garage.
D. Because of the changes to the Project and the reduced need for parking, City and
Developer have agreed to cancel and terminate the Lease.
Now,therefore, in consideration of the foregoing statements and of other good and valuable
consideration,the receipt and sufficiency of which is mutually acknowledged, City and
Developer agree as follows:
1. City and Developer agree that the Lease is and shall be terminated and shall be of no
further force or effect on the later of(a) the date of execution of this Agreement or(b)
the date that such termination is ratified and approved by resolution of the City
Commission of the City.
2. Upon the effectiveness of such termination, City and Developer will have no further
rights or obligations under the Lease and each party shall be deemed to have released
the other party with respect to any such rights or obligations.
[Signatures and acknowledgements appear on the following pages.]
3 RESOLUTION#2022-182
are made a part of and incorporated into this Resolution by this reference.
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
By:
Archibald J. Ryan IV, Mayor
By:
Ana M. Garcia, ICMA-CM, City Manager
ATTEST:
By:
Thomas Schneider, CMC, City Clerk
APPROVED AS TO FORM AND SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY
OF DANIA BEACH ONLY:
By:
Eve A. 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 ,2022,by Archibald J.Ryan IV and Ana M.
Garcia, as Mayor and City 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]
Notary Public, State of Florida
Print Name
My Commission Expires:
4 RESOLUTION#2022-182
ect; accordingly, the Project's parking needs can be
fully met by the parking spaces proposed in the on-site garage of the Project and
there is no longer a need to lease parking spaces from the City in the Garage.
D. Because of the changes to the Project and the reduced need for parking, City and
Developer have agreed to cancel and terminate the Lease.
Now,therefore, in consideration of the foregoing statements and of other good and valuable
consideration,the receipt and sufficiency of which is mutually acknowledged, City and
Developer agree as follows:
1. City and Developer agree that the Lease is and shall be terminated and shall be of no
further force or effect on the later of(a) the date of execution of this Agreement or(b)
the date that such termination is ratified and approved by resolution of the City
Commission of the City.
2. Upon the effectiveness of such termination, City and Developer will have no further
rights or obligations under the Lease and each party shall be deemed to have released
the other party with respect to any such rights or obligations.
[Signatures and acknowledgements appear on the following pages.]
3 RESOLUTION#2022-182
are made a part of and incorporated into this Resolution by this reference.
DEVELOPER:
CITY PLACE APARTMENTS,LTD., a Florida limited
partnership
By: City Place Apartments GP,LLC, its general partner
By:
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 , 2022,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 as
identification.
[SEAL]
Notary Public, State of Florida
Print Name
My Commission Expires:
5 RESOLUTION#2022-182