2010-12ORDINANCE NO. 2010 -12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003
AND AMENDED DECEMBER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER
AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012 AND TO
ADD APPLICABILITY OF THE CITY'S TRANSPORTATION
MITIGATION IMPACT FEE TO DEVELOPMENT OF THE
CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE PARCELS
OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Philip Von Kahle, Receiver for MGAL REPH I, 11, III
LLC, through Application No. 01- DA -10, has applied to extend the term of the
Development Agreement dated September 2, 2003, amended December 29, 2004, made
between Merco Group at Aventura Landings I, 11 and III, Inc., as owner, and the City of
Aventura; and
WHEREAS, pursuant to the terms of Paragraph 11. of the Development
Agreement, the termination date of the Agreement is February 2, 2010; and
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" to the Development Agreement has expired, and no
building permits were approved for the "Lofts Parcel' also as described in Exhibit "B "; and
WHEREAS, Paragraph 11(B) of the Development Agreement provides that the
term of the Agreement may be extended in 2.5 year increments for up to 5 additional
years from the termination date of February 2, 2010, upon mutual agreement of both the
City and the owner /applicant; and
Ordinance No. 2010 -12
Page 2
WHEREAS, the owner /applicant has requested an extension of the termination
date of the Development Agreement to August 2, 2012 in order to allow the property to be
marketed for sale while preserving the development approvals granted by the City; and
WHEREAS, pursuant to Paragraph 11(13), the parties have mutually agreed to add
a new paragraph to the Modification of the Development Agreement to provide for
applicability of the City's Transportation Mitigation Impact Fee to development of the
"Condominium Parcel" and the "Lofts Parcel "; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the amendment to development agreement requested by the applicant
is appropriate; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Modification to Development Agreement attached as
Exhibit "A" to this Ordinance, extending the termination date of the Agreement from
February 2, 2010 to August 2, 2012 and adding applicability of the City's Transportation
Mitigation Impact Fee to development of the "Condominium Parcel' and "Lofts Parcel" is
hereby approved, for property legally described in Exhibit "B" to this Ordinance.
Section 2. The City Manager is hereby authorized to execute the agreement on
behalf of the City.
Ordinance No. 2010 -12
Page 3
Section 3 . Severability The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4 . Effective Date This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. This motion was seconded by Vice Mayor Stern and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Michael Stern
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Commissioner Auerbach, who moved
its adoption on second reading. This motion was seconded by Commissioner
Weinberg and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Michael Stern
yes
Mayor Susan Gottlieb
yes
PASSED on first reading this 6 t " day of July, 2010.
Ordinance No. 2010 -
Page 4
PASSED AND ADOPTED on second reading this 5 day of October, 2010.
ATT ST:
Ter sa M. Soroka, IC
City Clerk
APPROVED AS TO LEGA SUFFICIOCY:
City Attorney
�.0400t) "�
X usan Gottlieb, Qayor
This O dinance was filed in the Office of the City Clerk this I'm day of 4 , 2010.
J 7,j y Clerk
Ordinance No. 2010 -12
Page 5
EXHIBIT "A"
MODIFICATION TO DEVELOPMENT AGREEMENT
THIS MODIFICATION TO DEVELOPMENT AGREEMENT ( "Modification ")
is entered into the _ day of , 2010, by and between the CITY OF
AVENTURA, Florida a municipal corporation, ( "City ") and MGAL REPH I, II, III, LLC,
( "Owner ").
RECITALS:
WHEREAS, the Owner owns the property, consisting of approximately 9.02
gross acres of land (the "Property "), the legal description of which is attached hereto as
Exhibit A;
WHEREAS, the previous Owner, Merco Group at Aventura Landings I, II and III,
Inc., obtained development approvals relating to the Property, including an application
to amend the City of Aventura Comprehensive Plan, an application for rezoning, an
application for site plan approval, an application for various variances required to
develop the Project, and an application to close a portion of NE 28 Court (the
"Applications "), through the City's Community Development Department;
WHEREAS, on September 2, 2003, Merco Group at Aventura Landings I, II and III,
Inc. and the City entered into a development agreement ( "Agreement "), pursuant to the
Florida Local Government Development Agreement Act Sections 163.3220- 163.3243,
Florida Statutes;
WHEREAS, on October 5, 2004, an amendment to Exhibit "B" of the Development
Agreement was approved by mutual agreement of the parties to revise the number of
stories in the "Condominium Parcel" from 18 stories to 19 stories, with the maximum
overall height remaining the same at 186'6" and all other terms and provisions of the
agreement to remain in full force and effect;
WHEREAS, since the date of execution of the Agreement, the Owner has fulfilled
the conditions of Paragraph 4. of the Agreement to provide the necessary public facility
and has received necessary permits and constructed the 62 townhomes on the
"Townhome Parcel "described in Exhibit "B" to the Development Agreement and has
recorded a Final Plat dividing the parcels into development lots and tracts;
Ordinance No. 2010 -12
Page 6
WHEREAS, the Agreement provides for a termination date of February 2, 2010;
WHEREAS Paragraph 11. of the Agreement provides for a term of five (5) years
from the effective date of February 2, 2005 and provides that the term may be extended
by mutual agreement of the City and the Owner in 2.5 year increments for up to an
additional five (5) years from the termination date;
WHEREAS the parcels were placed into Receivership in October of 2008 and a
corporate entity, MGAL REPH I, II, III, LLC, owned by the mortgagor, is now the title
holder;
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" has expired and no building permits were approved
for the "Lofts Parcel" also as described in Exhibit "B ";
WHEREAS Section 163.3237, Florida Statutes, provides that a development
agreement may be amended by the mutual consent of the parties to the agreement;
WHEREAS, the Owner and City agree to a modification to Paragraph 11. of the
Agreement to extend the term of the Agreement for a further 2.5 years, from the
February 2, 2010 expiration date to August 2, 2012 in order that the Receiver may
market the property for sale while preserving the development approvals granted by the
City;
WHEREAS, in consideration of the extension of the development rights and
approvals granted under the Agreement, the Owner and City agree to a further
modification to add applicability of the City's Transportation Mitigation Impact Fee to the
two remaining undeveloped parcels, namely, the "Condominium Parcel" and the "Lofts
Parcel ".
NOW, THEREFORE, in consideration of the mutual covenants and agreements
expressed herein, the Owner and City agree as follows:
1. Recitals. The recitals set forth above are incorporated herein and form an
integral part of the Modification.
Ordinance No. 2010 -12
Page 7
2. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is hereby further modified by
revising paragraph 11 to extend the termination date from February 2, 2010 to August
2, 2012.
3. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is further modified by addition of
Paragraph 7 (a) as follows:
"Paragraph 7 (a).
The parties agree that payment of the Transportation Mitigation Impact
Fee enacted by Ordinance No. 2008 -08, amended by Ordinances No.
2009 -04 and 2009 -08, shall be required prior to the issuance of any
building permits for the "Condominium Parcel" and the "Lofts Parcel" as
described in Exhibit "B" to the Agreement."
4. The terms and conditions of the Agreement shall remain in full force and
effect except as herein modified.
Signed, sealed, executed and acknowledged this day of ,
2010.
CITY
CITY OF AVENTURA, FLORIDA
Attest:
By: By:
Teresa Soroka, MMC Eric M. Soroka, ICMA -CM
City Clerk City Manager
Ordinance No. 2010 -12
Page 8
OWNER
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
MGAL REPH I, II, III, LLC
Print Name:
Title:
The foregoing instrument was sworn to, subscribed and acknowledged before me, this
day of by
who is personally known to me or produced as identification.
My Commission expires: By:
Notary Public
State and County aforesaid
(Notarial seal)
Ordinance No. 2010 -12
Page 9
LEGAL DESCRIPTION OF PROPERTY
Tracts A, B, C, D, E, F and G and Lots 1 through 62 inclusive, according to the Plat
thereof recorded in Plat Book 166, Page 58, of the Public Records of Miami -Dade
County, Florida,
all lying at the intersection of NE 28 Court and NE 185 Street, City of Aventura