CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy Reed-Holguin, Community Development Director

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1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: BY: Mayor and City Commission Ambreen Bhatty, City Manager Tammy Reed-Holguin, Community Development Director DATE: May 13, 2014 SUBJECT: Preconstruction Development and Fee Agreement for Mediterania of North Lauderdale Townhomes APPLICANT: Marchi Placements, LLC Marchi Placements, LLC purchased Mediterania of North Lauderdale, Inc. Townhomes in May 2013 with the intent of completing the project as approved by Site Plan Order SPR A review of the previous site plan approval identified some obligations that were not met by the previous developer. After extensive negotiations with the new developer, an agreement has been reached regarding the parks and recreation impact fee and the road/infrastructure fees. The Preconstruction Development and Fee Agreement is attached for your consideration this evening. Marchi Placements, LLC is proposing to build the remaining fourteen (14) townhome units on the vacant parcel of land located in the existing Mediterania townhome development at the southwest corner of SW 17 th Street and SW 81 st Avenue. The parks and recreation impact fee for these units will be $33,750. The pro-rated amount of the road/infrastructure fee for the remaining units is $50,000, however, a negotiated amount of $40,000 has been agreed upon and the money will be targeted for the improvements along 17 th Street and 83 rd Avenue. These amounts will be paid within 45 days of the City s execution of the attached Agreement. The developer will also install the final lift of asphalt on the internal roadways for the Development prior to the issuance of the last Certificate of Occupancy or within two years after the City executes the Agreement, whichever is earlier. All construction will be consistent with the approved Site Plan Order SPR and all other conditions under the approved site plan will be met by the developer. These obligations will run with and bind the property. RECOMMENDATION: The City Administration recommends Commission s approval of the attached Preconstruction Development and Fee Agreement for Mediterania of North Lauderdale Townhomes authorizing the City Manager to enter into said Agreement.

2 PRECONSTRUCTION DEVELOPMENT AND FEE AGREEMENT THIS PRECONSTRUCTION DEVELOPMENT AND FEE AGREEMENT ( Agreement ) is made and entered into this day of, 2014, by and between Marchi Placements, LLC, a New York Limited Liability Company, with an address at 259 Buttonwood Drive, Key Biscayne, FL ( Developer ), and the CITY OF NORTH LAUDERDALE, a municipal corporation of the State of Florida ( City ), with an address at 701 South West 71st Avenue, North Lauderdale, Florida WITNESSETH: WHEREAS, Developer owns certain real property, located in the residential community known as Mediterania of North Lauderdale, a legal description of which is attached hereto and made a part hereof as Exhibit A (the Property ); 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 enter into this Agreement to enable the Property to be developed in accordance with the previously approved Site Plan Order SPR and as set forth in this Agreement; and WHEREAS, the Developer and City desire to enter into this Agreement to provide for the Developer to alleviate impacts to City roads and parks that will result from the development of the Property. 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:

3 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. Construction. The Developer shall construct the remaining fourteen (14) townhomes on the Property in a manner consistent with the City s Site Plan Order SPR and the terms of this Agreement. 3. Effective Date. This Agreement shall be effective upon the date the City executes the Agreement. 4. Park Impact Fee. To alleviate the impacts that will result to the City s parks as a result of the development of the Property, Developer shall pay City the total of Thirty Three Thousand Seven Hundred Fifty and 00/100 Dollars ($33,750.00) (the Park Fee ). 5. Roadway and Infrastructure Impact Fee. To alleviate the impacts that will result to the City s roadways and infrastructure along SW 17 th Street and SW 83 rd Avenue, within the City, Developer shall pay the City the total of Forty Thousand and 00/100 Dollars ($40,000.00) (the Infrastructure Fee ). 6. Payment Due Date. The Park Fee and the Infrastructure Fee shall be due and payment made to the City no later than 45 days from the date the City executes this Agreement. 7. Final Asphalt Lift. The Developer shall install and construct the final lift of asphalt on SW 81 st Way, SW 17 th Court, and SW 81 st Terrace, which are depicted in the map attached hereto as Exhibit B, and incorporated herein by reference. The Developer shall install the final lift of asphalt, in a manner consistent with the City s Building Code and engineering requirements, prior to the issuance of the final Certificate of Occupancy for the residential units to be constructed on the Property, or within two (2) years after the City executes this Agreement, whichever is earlier.

4 8. Construction to be Consistent with All Other Terms of SPR Except as stated herein, the Developer shall construct and complete the Development in a manner consistent with the requirements of Site Plan Order SPR In the event of any conflict between the terms of this Agreement and the terms of Site Plan Order SPR 05-04, the terms of this Agreement shall prevail. 9. 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. 10. 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. 11. Miscellaneous. (1) Severability. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of the Agreement. (2) 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. (3) 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. (4) 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,

5 written above. 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. (5) 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, the parties hereto have executed this Agreement on the date CITY: CITY OF NORTH LAUDERDALE, a Florida municipal corporation By: Ambreen Bhatty, City Manager ATTEST: Patricia Vancheri, City Clerk APPROVED AS TO FORM: By: Samuel S. Goren, City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) 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 AMBREEN BHATTY, 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 her by said municipal corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. 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

6 Notary Public, State of Florida My Commission Expires: Typed, printed or stamped name of Notary Public DEVELOPER: ATTEST: By: Print name: Title: Marchi Placements, LLC, a New York limited liability company By: Print Name: Title: (Corporate Seal) STATE OF ) ) SS: 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 New York limited liability company, freely and voluntarily under authority duly vested in him/her by said corporation on behalf of the limited partnership, and that the seal affixed thereto is the true corporate seal of said corporation. He/She is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of, Notary Public My Commission Expires: Typed, printed or stamped name of Notary Public

7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L E TO POB,E 18.33,S 88, W 18.33,N 88 TO POB AKA: LOT 8 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L,E TO POB,E 18,S 88,W 18,N 88 TO POB, AKA: LOT 2 BLK 5 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18, N 88 TO POB AKA: LOT 3 BLK 5 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18, N 88 TO POB AKA: LOT 4 BLK 5 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18, N 88 TO POB AKA: LOT 5 BLK 5 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18.33,S 88,W 18.33,N 88 TO POB AKA: LOT 6 BLK 5 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18.33,S 88,W 18.33,N 88 TO POB AKA: LOT 1 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG,W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 2 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 3 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 4 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 5 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 6 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18,S 88,W 18 N 88 TO POB AKA: LOT 7 BLK 6 MEDITERANIA MEDITERANIA B PORTION PARCEL A DESC AS COMM NW COR PAR A,S ALG W/L, E TO POB,E 18.33,S 88,W 18.33,N 88 TO POB AKA: LOT 1 BLK 5 MEDITERANIA

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