EXHIBIT “B”
SITE PLAN
CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City Commission
FROM: Richard D. Sala, City Manager
BY: Tammy L. Reed-Holguin,
Community Development Director
DATE: December 11, 2007
SUBJECT: Second Reading: Development Agreement
Altman Development Corporation and 441 Real Estate Investment, Inc. (United
Homes)
The Altman Development
Corporation, in conjunction with 441 Real Estate Investment, Inc. (United
Homes) is proposing to build 220
residential luxury garden apartments, and up to 10,000 square feet of
commercial use on the vacant parcel of land (currently known as the Delegal
Plat) located at the intersection on the east side of State Road 7 and south of
the McNab Road Extension. The project is
being constructed as a Planned Unit Development (PUD), which permits land under
unified control to be planned and developed as a whole, with a greater amount
of flexibility by removing some of the detailed restrictions of conventional
zoning. In order to accommodate the
additional impacts of the development on public facilities and facilitate this
flexibility, the City, the Developer and the Property Owner have agreed to
enter into a Development Agreement pursuant to Section 163.3227, Florida
Statutes.
Attached for your review and approval on second and final reading is the proposed ordinance which would authorize the City Manager to execute this Development Agreement under the guidelines of Section 163.3227 of Florida Statues. Some of the provisions included in the agreement pertain to water and sewer impacts, the parks and recreation impact fee, and police and fire service. The staff has worked diligently with the Developer to draft this agreement to ensure that the proposed development would not cause any adverse impacts.
The City Commission approved this Agreement on first reading
as amended on November 29, 2007. The
amendment was to delete Section 8.3 School Crossing Guard.
RECOMMENDATION
The City Administration would like to request that the City Commission move to approve, on second reading, the attached Ordinance which would authorize the execution of the attached agreement with Altman Development Corporation in conjunction with 441 Real Estate Investment, Inc. (United Homes) for the Granada project.
ORDINANCE NO. 2007-_____________
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT
CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT
"A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, AND ALTMAN
DEVELOPMENT CORPORATION AS DEVELOPER AND 441 REAL ESTATE INVESTMENT, INC. AS
PROPERTY OWNER IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT
AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225,
FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO
CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE
REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN
THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT
AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND
DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY,
FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT;
PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT;
PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR
MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH
SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE
DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Lauderdale has concluded
negotiations with Altman Development Corporation as the developer and 441 Real
Estate Investment, Inc. as the property owner, for the development of property
located in North Lauderdale in accordance with the provisions of the Florida
Local Government Development Agreement Act more particularly described on
Exhibit "A", attached hereto; and
WHEREAS,
the terms, conditions, and provision of the Agreement are as set forth therein
and reflect the intent and agreement of the parties thereto for the purposes of
developing the current vacant Delegal Plat in accordance with the
non-appealable final site plan, plat, and other related ordinances and
resolutions governing and affecting the subject property; and
WHEREAS,
the City Commission has read, reviewed, and considered the provisions of the
Florida Local Government Development Agreement Act (the "Act") and
seeks to adopt this Ordinance consistent with the Act and to approve the
Agreement in accordance therewith; and
WHEREAS,
the City Commission further finds and determines that the execution and
effectuation of the Agreement will foster the health, safety, and welfare of
the citizens of North Lauderdale, Florida, and will be consistent with the
Charter, and Code of Ordinances of the City of North Lauderdale.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section
1. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of
this Ordinance upon adoption hereof.
Section
2. That certain Agreement by and between the City of
North Lauderdale, Florida, and Altman Development Corporation as the developer
and 441 Real Estate Investment, Inc. as the property owner attached hereto and
made a specific part hereof, more particularly described on attached Exhibit "A", is hereby
approved, ratified, and confirmed, and the City Manager is hereby authorized
and directed to execute same in accordance with the provisions thereof.
Section 3. The City hereby incorporates by reference and adopts each and every requirement set forth in Sections 163.3220 through 163.3243, Florida Statutes, in this Ordinance and approves the Development Agreement in consequence of the Florida Local Government Development Agreement Act.
Section 4. Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance.
Section 5. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall take effect immediately upon its adoption.
PASSED
AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
PASSED
AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
___________________________________
SAMUEL S. GOREN, CITY ATTORNEY
____________________________________
MAYOR JACK BRADY
ATTEST:
____________________________________
VICE MAYOR JOHN R. CANGEMI
__________________________________________
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DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF
AND ALTMAN
DEVELOPMENT CORPORATION AS DEVELOPER AND
441 REAL ESTATE INVESTMENT, INC. AS PROPERTY OWNER
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this
_____ day of _____________, 2007, by and between 441 Real Estate Investment,
Inc. (“Owner”), with an address of 7975
NW 154th Street, Suite 400, Miami, FL 33016 c/o United Homes International,
Inc. and Altman Development Corporation (“Developer”), with an address at 1515 S. Federal Highway, Suite 300, Boca
Raton, FL 33432 and THE CITY OF NORTH
LAUDERDALE, a municipal corporation of the State of Florida (“City”), with an
address at 701 Southwest 71st Avenue, North Lauderdale, Florida 33068.
WITNESSETH:
WHEREAS,
Developer is contract purchaser of a parcel of real property, a legal
description of which is attached hereto and made a part hereof as Exhibit
“A” (“Property”); and
WHEREAS, the
Property is the subject of a plat application known as the Delegal (“Plat”),
which Plat proposes 220 residential units and up to 10,000 square feet of commercial
use; and
WHEREAS,
the City, pursuant to Ordinance No. 07-10-1194 adopted by the City Commission
on October 9, 2007, granted final approval to Developer’s application for a
land use amendment to change the land use of the Property to allow 10.1-16 dwelling
units/acre on the City’s Comprehensive Land Use Plan, and further pursuant to
Ordinance No. _____________ granted final
approval to Developer’s request to rezone the Property to Planned Unit
Development Zoning District (“PUD”); and
WHEREAS, Developer
and City desire to establish land development regulations which, upon the
effective date of this Agreement, shall set forth the manner by which the
Property shall be developed; and
WHEREAS, this
Agreement is the culmination of discussions, conversations, negotiations and
mutual understandings, and the Developer and the City believe that it is in the
best interest of each party to initiate the process required by law to enable
the Property to be developed in accordance with the land use and zoning
categories and other requirements described herein, and in accordance with
applicable Florida law, the City’s Charter and the City’s Code of Ordinances
(“City Code”).
NOW, THEREFORE, for
and in consideration of mutual benefits and the public interest and other good
and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing
recitations are true and correct and are hereby incorporated herein by
reference. All exhibits to this
Agreement are hereby deemed a part hereof.
2. Authority. This Agreement is entered into under the
authority of the Florida Constitution (including Article VIII, Section 2(b)
thereof), the general powers conferred upon municipalities
by statute and otherwise (including Chapter 166, Florida Statutes), the Florida
Local Government Development Act (“Act”), Sections 163.3220 through 163.3243,
Florida Statutes, and the City’s Charter.
3. Definitions. For the purposes of this Agreement, any term
defined by Section
4. Effective Date. This Agreement, as well as the Ordinance
adopting same, shall be effective upon the date the last of the parties
executes this Agreement.
5. Property Ownership. Owner acknowledges and represents to the City
that it is the owner of the Property and Developer further represents that
Developer is contract purchaser of the Property and that both Developer and
Owner are empowered to enter into this Agreement. The City, Owner and Developer
acknowledge that in the event that Owner
sells the Property, all terms, conditions, obligations and provisions of this
Agreement shall inure to the benefit of any successors-in-title to Owner.
6. Duration of Agreement. The duration of this Agreement shall be for a
five (5) year period and may only be extended by mutual consent
of the City and Developer or its successors in interest. Consent of the City to
extend the duration of this Agreement shall be evidenced by adoption of an
Ordinance amending the Ordinance adopting this Agreement and adopted in
compliance with Section
7. Permitted Land Uses. Owner, Developer and the City agree that the
Property can be utilized for multi-family residential purposes which include a total
of 220 residential units and up to 10,000 square feet of commercial use and any
ancillary uses associated therewith. The development of the Property, including
population densities, building intensities, and building height shall be in
conformity with the City’s PUD Zoning District Classification and Site Plan
Order No._________, a copy of which is
attached hereto as Exhibit “B”, the City’s Comprehensive Land Use Plan, and all
other laws and/or land development regulations contained within the City Code,
as the same are in effect upon the effective date of this Agreement, except as
otherwise provided herein.
8. Public Facilities. Except as otherwise provided in Paragraphs
8.1 and 8.2 below, the City hereby covenants that all public facilities and
services including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general
governmental facilities, will be available concurrent with the development of
the Property at levels of service consistent with the City’s Comprehensive Land
Use Plan.
8.1 Public Facilities:
Parks and Recreational Service. In
accordance with Section 98-82 (1)a and b of the City Code (the Adequacy of
Local Parks and Recreation Facilities), Developer is required to provide for
the park and recreational needs of the future residents of the developed area
according to the terms and conditions set forth therein.
Developer and City
agree that, in accordance with the formula set forth in Paragraph (1)a of
Section 98-82 of the City Code, Developer is required to dedicate 1.32 acres of
land (“Dedication Requirement”) in order to adequately provide for the park,
open space and recreational needs of the development of the Property with 220
residential units. To satisfy the
portion of the Dedication Requirement attributable to the Property, Developer
shall pay City the monetary value equivalent to 1.32 acres of land based upon
the County appraiser’s assessed value or the most recent sales price in absence
of better evidence of value, at the City’s discretion, which amounts to a total
of Four hundred eighteen thousand eight hundred thirty seven Dollars and
Sixty-six cents ($418,837.66). The Park Fee is due and payable on or before the
issuance of the first building permit for development within the Property. Such
payment of the Park Fee shall satisfy the portion of the Dedication Requirement
attributable to the Property. Developer, or in the event Developer has not
closed on the Property, Owner shall provide the City, prior to the issuance of
a building permit, with a bond, lien, letter of credit, or other surety
acceptable to City for one hundred percent (100%) of Park Fee associated with
the Property. Such bond, lien, letter of credit, or other surety acceptable to
City shall be released upon payment of the Park Fee.
The City hereby
covenants and agrees that satisfaction of the requirements set forth in this
Paragraph 8.1 shall satisfy in full the Dedication Requirement for the Property
for development of 220 units.
8.2 Public
Facilities: Police and Fire Service.
Developer shall pay a Police Impact Fee in the amount of Thirty Thousand
and NO/100 Dollars ($30,000). Developer
shall pay a Fire Assessment Fee for the 220
units to be developed on the Property pursuant to Resolution # 2007-09-5255
adopted by the City Commission. The total fee for police impacts and fire
assessments shall be due and payable prior to the issuance of the first
certificate of occupancy by the City Building Department for any unit within
the Property.
8.3 School
Crossing Guard. The Developer
covenants and agrees to provide school-crossing guards through the City’s
Public Safety Department/Broward Sheriff’s Office at the Developer’s sole cost
and expense or through any other means at no cost to the City. Although the
duration of this Developer’s Agreement expires in 5 years, this provision runs with the land and will stay in effect as
long as the need for school crossing guards is required.
9. Reservation or Dedication of Land. Except as provided in Paragraph 8.1 above and
such dedications or reservations for road rights of way, canal rights of way,
or utility easements as may be lawfully required by the City or Broward County
during plat approval process for the Property, Developer shall not be required
to reserve or dedicate any portion of the Property for public purposes. The
Developer acknowledges that it has the responsibility to obtain any necessary
approvals from
10. Site Design. Consistent with Site Plan Order No._______________, attached hereto as Exhibit “B”, and the PUD provisions of the City Code, the City hereby agrees to the unit sizes, number of units within a building and the amount of parking provided on the attached master site plan. The parties acknowledge that at the time of the execution of this Agreement, the City approved the site plan for the Development; however, notwithstanding anything contained herein to the contrary, the Developer shall be required to meet all other requirements of the City Code.
11. Local Development Permits,
Requirements and Fees. The City
hereby agrees that the only remaining local development permits and/or
approvals which shall be required by the City in connection with the
development of the Property are building permits. In addition to this
Agreement, where applicable, the Developer may be executing the following: (a)
Broward County Road Impact Fee Agreement(s); (b) Broward County Park and
Recreational Impact Fee Agreement(s); (c) Educational Impact Fee Agreement; and
(d) any applicable Agreements relating to the Construction of Improvements,
including but not limited to traffic signalization, or the Phasing of
Improvements.
12. Consistency with Comprehensive Plan. The City and Developer hereby agree that the
development permitted by this Agreement is consistent with the City’s
Comprehensive Plan and Land Development Regulations.
13. Due Diligence. The City and Developer further covenant that
they shall immediately commence all reasonable actions necessary to fulfill
their obligations hereunder and shall diligently pursue the same throughout the
existence of this Agreement.
14. Necessity of Complying with Local
Law Relative to Permits. Developer
and City agree that the failure of this Agreement to address a particular
permit, condition, term or restriction shall not relieve Developer of the
necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
15. Commencement
of Development. Development of the
Property, or any phase thereof, shall not be required to be commenced within a
specific period of time. However, Developer agrees that the duration of this
Agreement shall be limited as set forth above, and the duration of any permit
or approval relative to the Property shall be limited in duration by law
including, but not limited to, laws relating to the expiration of building
permits or other land development permits. Notwithstanding anything contained
herein to the contrary, any approved Site Plan shall be limited to eighteen
months from the date of approval, unless prior to such time a building permit
has been issued.
16. Completion of
Development. Development of the
Property, or any phase thereof, shall not be required to be completed within
any specific period of time. However, Developer agrees that, with the exception
of the Site Plan and any amendments thereto, the duration of this Agreement and
the duration of any permit or approval relative to the Property shall be
limited as set forth above, and, to the extent there is no conflict with the
terms and provisions of this Agreement, shall be limited in duration by any law
in effect upon the effective date of this Agreement.
17. Effective Covenants. The burdens of this Agreement shall be
binding upon, and the benefits of this Agreement shall inure to, all successors
in interest of the parties to this Agreement.
18. Miscellaneous.
(1) Entire Agreement. This Agreement sets forth all of the
promises, covenants, agreements, conditions and understandings between the
parties hereto, and supersedes all prior and contemporaneous agreements,
understandings, inducements or conditions, express or implied, oral or written,
except as herein contained.
(2) Pronouns. All pronouns and any variations thereof shall
be deemed to refer to the masculine, feminine and neuter, singular or plural,
as the identity of the party or parties, personal
representatives, successor or assigns may require.
(3) Severability. The invalidity of any provision hereof shall in no way
affect or invalidate the remainder of the Agreement.
(4) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall
together constitute one in the same instrument.
(5) Governing Law. This
Agreement shall be construed in accordance with the laws of the State of
Florida, and any proceeding arising between the parties in any manner
pertaining to this Agreement shall, to the extent permitted by law, be held in
Broward County, Florida.
(6) Binding Effect. The obligations imposed pursuant to this
Agreement upon the Developer and/or upon the Property shall run with and bind
the Property as covenants running with the Property and this Agreement shall be
binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors,
grantees and assigns, and a copy of this Agreement shall be recorded among the
Public Records of Broward County, Florida, upon execution of this Agreement.
(7) Attorneys’ Fees. Should
either party hereto bring an action against the other to enforce the terms and
provisions hereof, then the party prevailing in said action shall be entitled
to a judgment against the other for his reasonable attorneys’ fees and costs at
both the trial and appellate levels.
IN
WITNESS WHEREOF this Agreement has been executed by the parties on the day and
year first above written.
CITY:
WITNESSES: CITY
OF
municipal
corporation
By:
Print Name: Richard D. Sala, City Manager
______
day o f_____________, 2007
Print Name:
ATTEST: APPROVED
AS TO FORM:
By:
Patricia Vancheri,
STATE OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by RICHARD D. SALA, as City Manager of the City of North Lauderdale, a Florida municipal corporation, on behalf of the City, freely and voluntarily under authority duly vested in him by said municipal corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. He is personally known to me or has produced _______________________ as identification.
WITNESS my hand and official seal in
the County and State last aforesaid this ____ day of _________________, 2007.
Notary
Public
My
Commission Expires: Typed,
printed or stamped name of Notary
Public
DEVELOPER:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
_____ day of ______________, 2007
(Seal)
STATE OF
COUNTY OF __________
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by _________________________, the _______________ of __________________________ a Florida corporation, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or has produced _______________________ as identification.
WITNESS my hand and official seal in
the County and State last aforesaid this ____ day of _________________, 2007.
Notary
Public
My
Commission Expires: Typed,
printed or stamped name of Notary
Public
OWNER:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
_____ day of ______________, 2007
(Seal)
STATE OF
COUNTY OF ___________
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by _________________________, the _______________ of ______________________________, a Florida limited partnership, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or has produced _______________________ as identification.
WITNESS my hand and official seal in
the County and State last aforesaid this ____ day of _________________, 2007.
Notary
Public
My Commission Expires: Typed, printed or stamped name of
Notary
Public
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Parcel “A” of the Delegal Plat (approximately 14.97 gross acres), as recorded in Plat Book 155, Page 28 of the Public Records of Broward County.
EXHIBIT “B”
SITE PLAN