01-19-2006
OfT rA'Hftrn;.n,..,
Susan Gottlieb, Mayor
The C~ of
Aventura
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City )I.ft_,.
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
Harry Holzherg
Michael Stern
Luz Urbitez Weinberg
City Oed
Teresa M. Soroka, MM C
CityAIlmD<J"
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
JANUARY 19, 2006 following9811L Workshop
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, APPROVING SETTLEMENT AGREEMENT
BETWEEN SHEFAORffARRAGON, LLLP, AND THE CITY OF
AVENTURA, CONCERNING 8.77 ACRE, PLUS OR MINUS, PARCEL
OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN THE
CITY OF A VENTURA, COMMONLY KNOWN AS THE LINCOLN
POINTE PROPERTY; AUTHORIZING EXECUTION OF
SETTLEMENT AGREEMENT; AUTHORIZING
IMPLEMENTATION OF SETTLEMENT AGREEMENT; PROVIDING
FOR EFFECTIVE DATE.
3. ADJOURNMENT
This meeting is open to the public_ In accordance with the Americans with Disabilities Act of 1990, all pocsons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466--8901, not later than two days prior
to such proceeding One or more members of the City of Aventura Advisor)" Boards may be in attendance. Anyone wishing to appeal any decision made by
the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W Country Club Drive, Aventura, Florida,
33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clock at 305.-466--8901
.
CITY OF A VENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
To: City Commission
From: David M. Wolpin, City Attorney
Date: January 19,2006
Re: Settlement Agreement between the City of Aventura and Shefaorffarragon, LLLP
Concerning Lincoln Pointe Property
January 19,2006 City Commission Meeting Agenda Item ;j.....
Background:
Attached is the proposed Settlement Agreement between the City and Shefaor/Tarragon, LLLP
concerning the Lincoln Pointe property.
The Settlement Agreement is intended to serve as a means of resolving the litigation which is
presently pending in the Miami-Dade County Circuit Court and is described in the Recitals of the
Settlement Agreement.
If the Settlement Agreement is approved by the City Commission, the City Commission will on
February 2, 2006 consider the Moratorium Ordinance Waiver Application for Lincoln Pointe.
If the Waiver Application is granted at that subsequent City Commission meeting, it will enable
the owner of Lincoln Pointe to construct a redevelopment of Lincoln Pointe which consists of
four hundred sixty (460) dwelling units (including forty four (44) townhouse units within that
four hundred sixty (460) unit total), with the construction of a twenty eight (28) story residential
condominium tower with an overall height of three hundred and fifteen (315') feet, including
within that total height all habitable, non-habitable, equipment, apparatus and architectural
features.
The consideration of the above-described Waiver Application shall constitute a quasi-judicial
decision of the City Commission. Accordingly, the City Commission does not in any way
commit itself to approve or grant the Waiver Application, by the approval of the
Settlement Agreement, but instead simply agrees to process and consider the Waiver
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Application in accordance with the applicable requirements of law as provided by Section 3
of the Moratorium Ordinance. The decision to grant or deny the Waiver Application shall be
based solely upon the substantial competent evidence presented during the course of the quasi
judicial proceedings in accordance with Section 34-31 of the City Code.
The Settlement Agreement is beneficial in that, if ultimately implemented, it resolves the
litigation and provides that the property will be developed with considerably less density and
height than the previously sought forty (40) story tower consisting of five hundred twenty six
(526) dwelling units.
The Settlement Agreement only provides for 21 more condominium units and 44 townhome
units than what is allowed by the proposed revised LDRs, without consideration of the special
untested clause restricting redevelopment to previous actually developed density. Further, under
the proposed revised LDRs, if conditional uses were to be approved, the number of units might
have reached five hundred twenty six (526) with a height of 30 stories.
If you have any questions, please feel free to contact me.
F:/328.053/MemoslRevised by Aventura- Memo City of Aventura settlement agreement memo 1.17.06
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RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING SETTLEMENT
AGREEMENT BETWEEN SHEFAOR/TARRAGON, LLLP, AND
THE CITY OF AVENTURA, CONCERNING 8.77 ACRE z
PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST
COURT IN THE CITY OF A VENTURA, COMMONLY KNOWN
AS THE LINCOLN POINTE PROPERTY; AUTHORIZING
EXECUTION OF SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF SETTLEMENT
AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, upon the recommendation of the
City Manager and City Attorney, finds that approval of the Settlement Agreement (the "Agreement")
between Shefaor/Tarragon, LLLP and the City of A ventura, is in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recital. That the above stated recital is hereby confirmed and adopted.
Section 2. Al!reement ADDroved. That the Agreement, in substantially the form
attached hereto, between Shefaor/Tarragon, LLLP and the City of A ventura, is hereby approved, and
the City Manager is hereby authorized to execute the Agreement on behalf of the City of A ventura,
once approved by the City Attorney as to form and legal sufficiency.
Section 3. ImDlementation. That the City Manager and City Attorney are hereby
authorized to take any and all actions which are necessary to fully implement and effectuate this
Resolution and the Agreement.
Section 4.
adoption hereof.
Effective Date. That this Resolution shall become effective immediately upon
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
vote, the vote was as follows:
, who moved its
, and upon being put to a
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
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Resolution No. 2006-_
Page 2
PASSED AND ADOPTED this 19th day of January, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
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SETTLEMENT AGREEMENT
SHEFAOR/TARRAGON, LLLP, a Florida Limited Liability Limited Partnership (the
"Developer") with joinder by AVENTURA TARRAGON GP, LLC, a Florida Limited Liability
Company, AVENTURA TARRAGON LP, LLC, a Florida Limited Liability Company,
SHEFAOR BH, LLC, a Florida Limited Liability Company, TARRAGON SOUTH
DEVELOPMENT CORP., a Florida corporation and PINNACLE COMMUNITIES, L.L.C., a
New Jersey Limited Liability Company, (collectively and individually referred to herein as the
"Joining Parties"), and the CITY OF A VENTURA, FLORIDA, a Florida municipal corporation
(the "City"), hereby enter into this Settlement Agreement (the "Agreement"), effective as of
January 19,2006, as follows:
RECITALS
(A)
(B) below.
1.
Developer is the owner of the Property which is described in paragraph
2. City is a duly organized Florida municipal corporation.
3. The Joining Parties are each an entity which is listed and included herein
as a signatory to this Agreement for the purpose of binding that entity to the provisions of
paragraph 13 herein.
(B) Developer is the current fee simple owner of title in and to that certain 8.77 acre "'
parcel located at 17900 Northeast 31st Court, in the City of Aventura, Florida, which parcel is
currently developed as an 285 unit apartment complex built in 1991, commonly referred to as
"Lincoln Pointe", and is described on Exhibit "A", a copy of which is attached hereto and by this
reference is made a part hereof (the "Property");
(C) The City has zoning jurisdiction over lands in the City, including the Property;
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(D) The Property is zoned RMF4 under Section 31-143 of the City's Land
Development Regulations (the "LDR");
(E) Pursuant to Ordinance Number 2005-07 (the "Moratorium Ordinance") as
adopted by the City Commission On June 7, 2005, the Developer has been temporarily unable to
redevelop the Property from its current composition of apartment buildings into a multi-family
condominium and townhouse community pursuant to the existing RMF4 zoning;
(F) Pursuant to the Moratorium Ordinance, Developer sought to demonstrate that it
possessed the vested rights to redevelop the Property during the pendency of the moratorium
pursuant to the vested rights provisions of the Moratorium Ordinance;
(G) Pursuant to Resolution Number 2005-48, the City Commission, after a public
hearing, denied the vested rights application of Developer;
(H) On October 7, 2005, Developer filed a Petition for Writ of Certiorari seeking to
challenge Resolution Number 2005-48 pursuant to Certiorari proceedings styled as
Shefaor/Tarragon, LLLP vs. City of Aventura, Florida, Case No. 05-392-AP, in the Appellate
Division of the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County,
Florida (the "Appellate Litigation"). Further, pursuant to action filed in Circuit Court of the
Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, Case No. 05-20125 CA 06,
styled as Shefaor/Tarragon, LLLP vs. City of Aventura, et al., (the "Original Litigation")
Developer filed a complaint seeking to overturn Resolution No. 2005-48, and sought to establish
its vested rights to redevelopment of the property with a building consisting of five hundred
twenty six (526) units and forty (40) stories in height (collectively, the "Litigation");
(1) The Appellate Litigation has been stayed by the Court pending resolution of the
Original Litigation;
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(J) The City has responded to the complaint in the Original Litigation by seeking its
dismissal;
(K) The Developer and City believe that the Litigation, in all likelihood, would be
highly contested, fact intensive and costly;
(L) In an effort to reach an amicable resolution of the Litigation, Developer and the
City have participated in settlement negotiations in an effort to establish a framework for the
potential resolution of the claims and defenses raised or which might be raised in the Litigation;
(M) The signatories to this Agreement represent and warrant to each other that they
have the full power and authority of their principals to execute and perform their respective
obligations under this Agreement and, where appropriate, have obtained the requisite authority to
enter into this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE
GOOD AND VALUABLE CONSIDERATION WHICH EACH PARTY
ACKNOWLEDGES TO HAVE BEEN RECEIVED FROM THE OTHER, THE CITY
AND DEVELOPER, WITH JOINDER BY EACH OF THE ENTITIES DESCRIBED AS
THE JOINING PARTIES IN PARAGRAPHS (A)(3) ABOVE, HEREBY AGREE AS
FOLLOWS:
TERMS OF SETTLEMENT
1.
2.
Each of the above-stated Recitals is hereby adopted and confirmed.
(a) Developer shall, in accordance with Section 3 "Waivers" of the
Moratorium Ordinance, file a waiver application (the "Waiver Application") with the City, in
order to enable the Developer to be authorized to implement the redevelopment described in
3
paragraphs 7 and 8 herein, subject to the approval of the Waiver Application by City
Commission.
(b) Developer recognizes that in order for the Waiver Application to be
granted, substantial competent evidence must be presented to the City Commission which
demonstrates that the specific use or activity requested by the Waiver Application will not
detrimentally affect the preparation and implementation of the Growth Management Regulations
(as defined in the Moratorium Ordinance), will be compatible with surrounding land uses, and
will not impair the public health, safety or welfare.
3. The parties recognize that the consideration of the Waiver Application for a
waiver of the provisions of the temporary moratorium, as established by the Moratorium
Ordinance, constitutes a quasi judicial action and decision of the City Commission, and that
accordingly, the City Commission does not hereby commit itself to approve or grant the Waiver
Application, but instead simply agrees to process and consider said Waiver Application in
accordance with the applicable requirements of law as provided by the City Moratorium
Ordinance criteria pertaining to the grant or denial of a Waiver Application. The decision to
grant or deny the Waiver Application shall be based solely upon the substantial competent
evidence presented during the course of the quasi judicial proceedings in accordance with
Section 34-31 of the City Code.
4. (a) In the event that the Waiver Application is granted by the City
Commission, the City shall provide for site plan and building permit plan review by the City on
an expedited basis at no additional supplemental charge to Developer. This shall not impair or
waive the normal site plan review fees and building permit plan review and inspection fees, but
shall solely waive the special charge which is generally imposed for expedited review by the
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City. Further, in the event that the Waiver Application is granted, City commits itself to
expeditiously process, consider, and issue decisions regarding any necessary additional City
approvals, in accordance with law.
(b) Further, in the event that the Waiver Application is approved by the City
Commission, all requests for, and issuance of, City development approvals shall be in
accordance with the City's Land Development Regulations in effect at the time of the filing of
the Waiver Application.
(c) In the event that the Waiver Application is approved by the City
Commission, it is recognized that the preliminary site plan submitted in connection with the
Waiver Application is necessarily conceptual, subject to additional detail being provided by
Developer, and that the Waiver Application site plan reflects development that, if the Waiver
Application is granted, is permissible in accordance with the City's land development regulations
which will be applicable as specified in this Agreement. Accordingly, if the Waiver Application
is granted, the City agrees that in reviewing subsequent revisions to the preliminary site plan and
the details thereof, the Developer shall be allowed reasonable flexibility within the parameters of
the applicable land development regulations which are specified herein, and that the City shall
process all applications which are aimed at finalizing the site plan in an expedited manner
without supplemental charges for expedited review. However, nothing in this paragraph (c) shall
be construed in any manner which enables Developer to exceed the building height and number
of dwelling units which are expressly stated in this Agreement.
5. Upon final approval, if any, of the Waiver Application by the City Commission,
so that the redevelopment of the Property may occur in accordance with the provisions described
herein, the ordinances of the City, and applicable law, and following the expiration of the time
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for an appeal from the grant of the Waiver Application by any interested party (or, if an appeal or
other contest is pursued, upon the final disposition thereof), the Developer shall file a Notice of
Dismissal of the Original Litigation without prejudice. Except as specified in paragraph 12, each
party agrees to bear its own attorney's fees and costs. Additionally, at the time of the filing of the
Notice of Dismissal of the Original Litigation, the parties shall file a joint motion for a further
stay of the Appellate Litigation pending the issuance, in accordance with law, of a City building
permit for the foundation of the Tower. Upon issuance of the City building permit for the
foundation of the Tower, the Developer shall file a Notice of Dismissal of the Appellate
Litigation, with prejudice. Each party agrees to bear its own attorney's fees and costs, except as
specified in paragraph 12.
6. In the event that the Waiver Application is not granted, or in the event that the
Waiver Application is granted but does not become final because of adverse court action, the
parties shall be permitted to pursue any rights and remedies they possess, unless otherwise
specified herein.
7. The redevelopment of Lincoln Pointe (the "Development") to be constructed shall
not exceed four hundred sixty (460) dwelling units of which number a total of at least forty four
(44) shall be townhouse units. None of the townhouse units shall be located in the four hundred
sixteen (416) unit Tower but they shall be situated abutting the outside of the base or lower
levels of the Tower (with exterior, non-lobby of Tower entrance), as an adjunct of the parking
garage, or as a free-standing building or buildings.
8. The single tower building (the "Tower") to be constructed at the Development
shall not exceed a height of twenty-eight (28) stories, but may reach an overall height of not
greater than three hundred fifteen (315') feet including all habitable spaces, mechanical and other
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building equipment, apparatus and non-habitable spaces or architectural features, so as to achieve
a height which is compatible with development in the vicinity. It is recognized that the twenty
eighth (28th) story of the Tower may consist of penthouse units which may each have a two level
floor plan.
9. In the event that the Waiver Application is granted, Developer agrees that it shall
not seek to obtain any conditional use approval under the City's presently pending amendments
to the City's Land Development Regulations, in the event of the adoption of said pending
amendments to the Land Development Regulations, for the purpose of establishing a height or
density which exceeds the height and density which is expressly set forth in this Agreement.
10. (a) In order to facilitate the acquisition of the necessary right of way or land from
the owners of that certain one-half (1/2) acre:!: of property (the "Easement Area"), as described on
Exhibit "B", a copy of which is attached hereto and incorporated herein, the City shall diligently
utilize its good faith reasonable efforts to obtain the right to enable the Easement Area to be
converted to a public road and to be improved as described in paragraph II below.
(b) This obligation of the City, as described in paragraph lO(a) above, shall be
subject to the condition precedent that the Developer first deposits with the City, pursuant to an
escrow agreement which is approved by the City Attorney and Developer's Attorney, the sum of
One Hundred Thousand ($100,000.00) Dollars with a mutually agreeable local escrow agent, to
be utilized by the City for obtaining any necessary City interest in the Easement Area.
(c) Developer shall, at no charge to City, convey any of its interests in the Easement
Area to City to the extent necessary to establish a public road once all other necessary interests
are obtained by City. The instrument of conveyance used by Developer may provide for a
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reversion of Developer's interest if the Improvements described in paragraph 11 are not
implemented and completed by City in accordance with this Agreement.
(d) In the event that it is not necessary for the City to utilize all of these escrow
funds for such purpose, City shall utilize the escrow funds for the benefit of the Media Center at
City's Charter School.
11. (a) Developer shall diligently pursue, and shall use its reasonable good faith
efforts to obtain, any and all necessary governmental approvals (the "Approvals"), including but
not limited to the approval of the Miami-Dade County DERM, for the upgrade and improvement
(the "Improvements") to the Easement Area so as to facilitate the service of the Easement Area
as the access road for the Development and for other existing developments in the vicinity. The
Improvements shall include widening of the road surface, installation of lighting, upgrade of
drainage, installation of a sidewalk and safety barriers, any necessary modification of the DERM
wetland conservation easement, all as described in the preliminary plan (the "Plan"), a copy of
which is attached hereto as Exhibit "C" and incorporated herein, subject to the City Manager's
and DERM's approval of the final Plan. The Approvals shall be sought by Developer for a
period of no less than two hundred seventy (270) days following the date that the Waiver
approval becomes final or the date that the Waiver approval is no longer subject to appeal or
further appellate review. The City shall cooperate with the efforts of Developer in obtaining the
necessary Approvals.
(b) If the Easement Area is obtained by City and the Approvals are obtained by
Developer, the Improvements shall be implemented at the sole cost and expense of Developer by
City's construction of the Improvements prior to the issuance of a Certificate of Occupancy for
the Development. Developer shall be responsible to provide, at its sole cost and expense, all
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design, planning, surveying and engineering work for the Improvements. In the event that the
Waiver Application is granted, the City shall not take any action concerning the acquisition of
the Easement Area or the implementation of the Improvements of the Easement Area which
would cause the authorized redevelopment of the Property not to comply with all applicable City
codes, rules or regulations.
(c) In order to secure its commitments hereunder concerning the Improvements,
Developer shall provide to City a letter of credit for the benefit of the City in an amount which is
not less than Three Hundred Fifty Thousand ($350,000.00) Dollars. Developer shall be
responsible for any additional cost which is necessary to implement the Improvements in
accordance with the final Plan. In the event that the reasonable costs of the Improvements
exceed Three Hundred Fifty Thousand ($350,000.00) Dollars, the Developer shall increase the
Letter of Credit to include said costs. Upon completion of the Improvements and the fulfillment
of Developer's obligation to fund the Improvements, the Letter of Credit shall terminate.
(d) In the event that the Approvals are not obtained by Developer, the City shall, at
the City Manager's discretion, still be authorized to draw upon the letter of credit in an amount
not to exceed City's reasonable cost in accomplishing the Improvements, up to the full Three
Hundred Fifty Thousand ($350,000.00) Dollar limit of the letter of credit upon City obtaining the
Approvals within two (2) years after the grant of the Waiver or after the Waiver becomes final
and no longer subj ect to any appeal or appellate review proceedings.
(e) The form of the letter of credit shall be subject to approval by the City
Attorney and Developer's attorney and shall have a term of not less than three (3) years. The
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letter of credit shall be provided by Developer to City prior to application for the issuance of any
City building permit for the Development.
12. Prior to applying for the issuance of any building permit for the Development,
Developer shall contribute an additional sum of One Hundred Fifty Thousand ($150,000.00)
Dollars to the City. This contribution shall be utilized by the City for the purpose of City transit
system improvements (including enhancement of shuttle bus services or off-set of cost of
operation of the shuttle bus service of the City), and reimbursement of the City's legal fees
related to the Litigation.
13. Effective upon issuance of a City building permit for the foundation of the Tower,
Developer and each of the Joining Parties shall execute and deliver to City releases waiving and
relinquishing any and all causes of action or claims against the City and City's officers (whether
elected or appointed), agents, employees and Commissioners, which in any way arises out of or
pertains to the Litigation or to the moratorium, or to the zoning, land use or other development
status of the Property. Further, in the event that the Original Litigation is dismissed as provided
in paragraph 5, but that Developer, notwithstanding City's compliance with City's obligations
pursuant to this Agreement, fails to diligently apply for or determines not to apply for a City
building permit for the foundation of the Tower on or before a date which is ninety (90) days
after the dismissal of the Original Litigation, because of a change of Developer's plans, a change
of circumstances or otherwise, Developer and each of the Joining Parties shall still be obligated
to execute and deliver to City the releases described above upon written demand by the City, and
Developer shall at that time provide for dismissal of the Appellate Litigation, with prejudice.
Each party agrees to bear its own attorney's fees and costs related to such Appellate Litigation,
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except as specified in paragraph 12. The form of the releases shall be subject to the review and
approval of the City Attorney.
14. The City recognizes that at the quasi judicial hearing on the Waiver Application,
it shall not generally be permissible for the City to seek to obtain additional concessions from
Developer, beyond those set forth in this Agreement, but that instead, at such hearing, the City
Commission shall simply determine, in accordance with the criteria of Section 3 of the
Moratorium Ordinance, whether to grant or deny the Waiver Application. This shall not be
construed in any manner which is contrary to paragraphs (2) and (3) of this Agreement or in any
manner which is prohibited by law.
15. This Agreement is a product of settlement negotiations. No evidence of the
actions proposed herein, including any presentations in any public forum related to the approval
and implementation of these terms and conditions, shall be admissible by either party on the
merits of the claims in the Litigation. However, this shall not prevent or preclude any of the
parties herein from utilizing evidence or presentations from the public hearing conducted on the
Waiver Application envisioned herein in any challenge to or defense of the decision made or
actions taken upon said Waiver Application by the City Commission.
16. (a) This Agreement, and any of the specific items, covenants, and conditions
contained herein, may not be waived, changed, altered or modified except by an instrument in
writing signed by all the parties against whom enforcement of such change is sought. The City
Manager shall be authorized to act for the City in the implementation of subparagraphs (a) and
(b) of this paragraph 16 upon approval of the City Attorney as to the form and legal sufficiency
of such action by the City Manager.
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(b) The parties recognize that by their nature certain paragraphs of this
Agreement shall only be applicable if the Waiver Application is granted, becomes final and is no
longer subject to appellate litigation or appellate review. The parties may, by supplemental
agreement, enumerate those provisions.
17. The parties agree that this Agreement shall be rendered binding only upon
execution by all of the parties hereto.
18. The "Effective Date" of this Agreement shall be January 19, 2006. The term of
this Agreement commences upon the effective date and ends upon completion of the
redevelopment provided for herein, unless otherwise stated.
19. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this Agreement, provided that the material purposes of this
Agreement can be determined and effectuated. This severability provision shall not operate to
impair, limit or affect any specific provisions of this Agreement that are expressly inter-
dependent.
20. This Agreement shall be binding on the parties and their successors or assigns.
The rights, benefits and detriments inuring to Developer under this Agreement shall be freely
assignable at the sole election of Developer, and shall run with the Property.
21 This Agreement shall in all respects be construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed wholly within the State of
Florida. Venue for any litigation hereunder shall be in the Circuit Court of the Eleventh Judicial
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Circuit in and for Miami-Dade County, Florida.
22. This Agreement may be executed in any number of counterparts and by different
parties hereto in separate counterparts, each of which when so executed shall be deemed to be an
original and all of which taken together shall constitute one and the same Agreement. Delivery
of an executed counterpart of a signature page to this Agreement by facsimile shall be effective
as delivery of a manually executed counterpart of this Agreement.
23. This Agreement shall be deemed to have been jointly drafted by the parties, and in
construing and interpreting this Agreement, no provision shall be construed and interpreted for or
against any of the parties because such provision or any other provision of the Agreement as a
whole is purportedly prepared or requested by such party.
24. In the event that the City Commission, in accordance with the City Moratorium
Ordinance criteria, grants the Waiver Application, the parties hereto shall cooperate and work
together to defend the action of the City Commission in the event of any challenge by any other
person, firm or entity. Further, in such event, during the course of any such challenge to the City
Commission decision, Developer and the Joining Parties shall take no action to further pursue
the Litigation identified in Recitals paragraph (H) above, prior to the final adjudication of any
such challenge, unless compelled to do so by court order.
25. (a) Time is of the essence of this Agreement.
(b) Developer shall file the Waiver Application with City on or before
Monday, January 23, 2006.
(c) City agrees to hold a quasi judicial hearing and reach a decision upon the
Waiver Application no later than Midnight, Thursday, February 2, 2006, and to issue a written
decision to be rendered no later than on Friday, February 3, 2006.
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STIPULATED AND AGREED BY:
SHEFAOR/TARRAGON, LLLP
a Florida limited liability limited
partnership
By:
Print:
Title:
A VENTURA TARRAGON GP, LLC
a Florida limited liability company
By:
Print:
Title:
AVENTURA TARRAGON LP, LLC
a Florida limited liability company
By:
Print:
Title:
SHEF AOR BH, LLC
a Florida limited liability company
By:
Print:
Title:
CITY OF A VENTURA, FLORIDA,
a Florida municipal corporation
By:
Eric M. Soroka, City Manager
Pursuant to Resolution No. 2006-_
Approved as to form and legal sufficiency
for the use and reliance of the City of
Aventura only:
By:
City Attorney
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.
TARRAGON SOUTH DEVELOPMENT CORP.
a Florida corporation
By:
Print:
Title:
PINNACLE COMMUNITIES, L.L.C.
A New Jersey limited liability company
By:
Print:
Title:
Approved as to form and legal sufficiency:
By:
Attorneys for Developer
F:/328.058/Lincoln Painte Settlement DocumentsIFinal Version of Settlement Agreement 1.18.06
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SETTLEMENT AGREEMENT
SIIEFAORffARRAGON, LLLP, a Florida Limited Liability Limited Partnership (the
"Developer") with joinder by A VENTIJRA TARRAGON OP, LLC, a Florida Limited Liability
Company, AVENTURA TARRAGON LP, LLC, a Florida Limited Liabllity Comp~ny,
SHEFAOR BH, LLC, a Florida Limited Liabili m an TARRAGON SOUTH
DEVELOPMENT CORP., a Florida corporatio ailE! P~Jl>I^CL.H COMMUNlTlliS, L.L.C.,"Il.
, . collectively and individually referred to herein as the
"Joining Parties"), and the CITY OF A VENTIJRA, FLORIDA, a Florida municipal corporation
(the "City"), he.reby enter into this Settlement Agreement (the "Agreement"), effective as of
January 19,2006, as follows:
RECITALS
(A) 1.
(13) below.
Developer is the owner of the Property which is described in paragraph
2. City is a duly organized Florida municipal corporation.
3. TIle Joining Parties are each an entity which is listed and included herein
as a signatory to this Agreement for the purpose of binding that entity to the provisions of
paragraph 13 herein.
(B) Pevciopc.r is the current fee simple owner oftille in and to iliat certain 8.77 aere,r
porcellocated at 17900 Northeast 31 st Court, in the City of A ventura, Florida, which pmee] is
currently developed as an 285 unit apal'tll.1ent complex built in 199J, commonly referred to as
"Lincoln Poinle", and is described 011 Exhibit "A", a copy of which is attached hereto and by this
reference is made a pmt hereof (the "Property");
(C) The City has zoningjurisdlction over lands in ilic City, induding the Property;
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(D) The Property is zoned RMF4 under Section 31-143 of the City's Land
Development Regulations (the "LDR");
(E) Pursuant to Ordinance Number 2005-07 (the "Moratorium Ordinance") as
adopled by lhe City Commission on June 7, 2005, Ihe Developer has been temporarily unable 10
redevelop the Property from its current composition of apartment buildings intn 1I mulli-r~mily
condominium and townhouse community pursuant to the existing RMF4 zoning;
(F) Pursuant to the Moratorium Ordinance, Developer sought to demonstrate that it
pos~e~~eJ the vested rights to redevelop the Property dudng the pendency of the moratorium
pursnantto the vested rights provisions of the Moratorium Ordinance;
(G) Pursnant to Resolution Number 2005-48, the City Commission, after a public
hearing, denied the vested rights applleation of Developer;
(H) On October 7, 2005, Developer filed a Petition for Writ of Certiorari seoking to
challenge Resolution Number 2005-48 pursuant to Certiorari proceedings stylw as
Shefoor/Tarragall, LUP vs, City of Avenrura, Florida, Case No. 05-392-Al', in lho Appellate
Division of the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County,
Florida (the "Appellate Litigation"). Further, pursuant to action filed in Circuit Court of tho
Eleventh Judicial Cirouit, in and for Miami-Dade COlillty, Florida, Case No. 05-20125 CA OG,
styled as ShefaoriTarragon, LLLP vs. City of AvelllUra, et aI., (the "Original Litigation")
Developer filed a ~omplajllt seeking to overturn Resolution No. 2005-48, and sought to cstablish
its vested rights to redevelopment of the property with a building con~isling of five hundrw
twenty sill (526) units and forty (40) stories in height (collectively, the "Litigation");
(I) The Appellate Litigation has been stayed by the Court pending resolution of lhe
Original Litigation;
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(1) The City has responded to the complaint in the Original Litigation by seeking j\~
dismissal;
(K) The Developer and City believe tbat the Litigation, in all likelihood, would be
highly contested, faet intensive and costly;
(1.) In an effon to reach an amicable resolution of the Litigation, Developer and the
City have participated in settlement negotiations in an effort to establish a framework for the
potential resolution of the claims and defenses raised or which might be raised in the Ljtigbtion;
(M) The signatories to this Agreement represent and warrant to each other that they
have the full power and authority of tbeir principals to execute and perform their respective
obligations under this Agreement and, where appropriate, have obtained the requisite authority to
enter into this Agrccment.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THI?,
GOOn AND VALUABLE CONSlJlERATION WIDCH EACH PARTY
ACKNOWLEnm:s TO HAVE BEEN RECEIVED FROM THE O'fHER, THF: CITY
AND DEVEI,Ol'ER, WITH JOINDER BY EACH OF THE ENTITlES DESCRlInW AS
THE .JOINING PARTIES IN PARAGRAPHS (A)(3) ABOVE, HEREBY AGREE AS
FOLLOWS;
TERMS 0:1<" SETTLEMENT
1. Each of the ahove-stated Recitals is hereby adopted and confirmed.
2, (a) Developer shall, in accordance with Section 3 "Waivers" of the
Moratorium Ordinanco, file a waiver application (the "Waiver Application") wilh the City, in
order to enable the Developer to be authorized to implement tho redevelopment described in
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parab'Taphs 7 and 8 herein, subject to the approval of the Waiver Appliciltion by City
Commissi.on.
(b) Developer recognizes thaI in order for the Waiver Application to be
granted, substantial competent evidence must be presented to the City Commission which
demonstrates that the specific use or activity requested by the Waiver ApplicatJDn will not
detrimentally affect the preparation and implementation of the Growth Management Regulations
(us delined in the Moratorium Ordinance), will be compatible with surro\rnding land uses, and
will not impair the public health, safety or welfare.
3. The parties recogni7.e that the consideration of the Waiver Application ror a
waiver of the provisions of the tempOnUY moratorium, as established by the M\lralorium
Ordinance, constitutes a quasi judicial action and decision of the City Commission, and that
accordingly, the City Commission does not hereby commit itself to approve or grant the Waiver
Application, but instead simply agrees to process and consider said Waiver Application in
accordance with the applicable requirements of Jaw as provided by the City Moratorium
Ordinance criteria pertaining to the lVl1I1t or denial of a Waiver Application. The decision to
b'T~mt or deny the Waiver Application shall be based solely upon the substantial competent
evidence presenled during the course of the quasi judicial proceedings in accordance with
Section 34-31 of the City Code.
4. (a) In the event that the Waiver Application is granted by the City
Commi~sion, the City shall provide for site plan and building pemlit plan review by the City on
an expedited basis at no additional supplemental charge to Developer. This shall not impair or
waive the nomUlI site plan review fees and building permit plan review and inspection fees, but
shall solely waive the special charge whieh is generally imposed for expedited review by the
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City, Further, in the event that the Waiver Application is granted. City commits itseJf to
eXpeditiously process. consider, iIIld issue decisions regarding any necessary additional City
approvals, in accordance with law.
(b) Furlher, in the event lhalthe Waiver Application is approved by the City
Commission, all requests for, and issuance of, City development approvals shall be in
accordance with the City's Land Development Regulatiolls in effect at the time of the filing of
the Waiver Application.
(c) In the event that the Waiver Application is approved by the City
Commission, it is recognized that the preliminary site plan submitted in connection with the
Waiver Application is neccssl'U'ily conceptual, subject to additional detail being provided by
Developer, and that the Waivcr Application site plan reflects development that, if the Waiver
Application is grlll1ted, is permissible in accordance willl the City's land development regulations
which will be applicable a. specified in this Agreement. Accordingly, if the Waiver Application
is granted, the City agrees that in reviewing subsequent revisions to the preliminary site plan and
,
the d=tails thereof, the Developer shall be allowed reasonable floxibility within the parameters of
tho applicable land development regulations which are specified herein, and that the City shall
process all applications which arc aimed at finalizing the site plan in an expedited manner
without supplemental charges for expedited review. However, nothing in this paragraph (e) shall
he construed in any manner which enables Developer to exceed the building height and number
of dwelling units which arc expressly stated in tlllS Agreement.
S. Upon final approval, if any, of the Waiver Application by the City Commission,
so that the redevelopment of the Property may occur in accordance with the provisions described
herein, the ordinances of the City, and applicable law, and following the expiration or the time
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for an appeal from the gnlnt or the Waiver Application by any interested party (or, if an appeal or
~e.I7e:v &L"',t?r< .Q~p TA'E C /T)''' I!RiL
other contest is pUf$lIed, upon the fin.,] disposition thcrcof1! the Developer shall file a Notice of
Dismissill of the Original Litigation without prqjudjce. Except as specified in paragraph 12, each
parly agrees to boar its own attorney's fC<.'8 and costs. Ad.Jtt'uH"lly, a, me .imy vfll.<> f;J;,,~ of tl..
file a joint motion for a further
stay of the AppelJate Litigation pending the issuance, in accordance willi law, of a City building
1IiX'.v TIlE (/?M,(/T/iti/-OF T?I"E PVRT//.E;eJ74
permit for the foundation of the Tower.A pon issuance of the City building pennit for the
foundation of the Tower, the Developer shall file a Notice of Dismissal of llic Appellate
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Litigation, with prejudice. Each party agrees to bear its own attorney's fees and costs, except as
-#''''- re,e/11 ",<fPP'e#L ,." r1" (/-fE;? /4" ,>7Y-/5
spccilled in paragraph 12. 4t1-/U"f/?;'$A7 /A-'CtvLJe"j C€/27""/t//2,,44/ /}-,A'/,J07#F/oi!.
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6. In the event that the Waiver Application is not granted, or in the event that the
Waiver Application is granted but does not become final because of adverse court fiction, the
parties shall be permitted to pursuc any rights and remedies they possess, unless otherwise
specified herein.
7. The redevelopment of l.incoln Pointe (the "Development") to be construetco shall
not exeeed four hundred sixty (460) dwelling unlls of which number a tolal of at least forly four
(44) shall be townhouse units. None of the townhouse units shall be located in the four hundred
v/V{e55 vlR.lUrz A-CCE'5i'; I1JLE PPJ;Pf AN
sixtcen (416) unit Towe~.f;<<:iUf1ita-fef~b~1( the outside of the base or lower
levcls of the Tower~~tcrior, non-lobby of Tower cntranc~, as an adjunct of tlle pal'king
garage, OJ' as a free-standing building or buildings.
8. The single tower building (the "Tower") 10 be constructed at the Devc10pmcnt
shall not exceed a height of twenty-eight (28) stories, but may reach an overall height of not
greater than three hundred fifteen (315') feet including all habitable spaces, mech"nical and olher
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building equipmcnt. apparatus and non-habitable spaces or architectural features, so as to achieve
U h~ight which is compatible with development in the vicinity. It is rccognized that the twcnty
eighth (28th) story ofthe Tower may consist ofpenthouse units which may each have a two level
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floor plan. ~ItO 13iUh'tJ€5 p//v/!L 4~.o~ ?f,ier~ 7l? F=VP..TJ/'#/z"n
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9. In the event that the Waiver Application is granted? Developer agrees that it shall
not seck to obtain any conditional use approval under the City's presently pending amendments
to the City's Land Development Regulations. in the event of the adoption of said pending
amcndments to the Land Development Regulations, for the purpose of establishing n height or
density which Clccceds the height and density which is expressly set forth in this Agreement.
10. (a) In order to facilitate the acquisition of the necessary right of way ()r land from
the oWners of that certain one-half (112) aere:lo of property (the "Easement Area"). as described on
Exhibit "B". a copy of which is attached hereto and incorporated herein, the City shall diligenlly
nlili:le its good faith reasonable efforts to obtain the right to enable the Easement Area to be
converted to a public road and to be improved as described in plll'agraph 11 below.
(b) This obligation of the City. as described in paragraph 10(a) above. shall be
subject to the condition precedent that the Developer first deposits with the City, pursuant to an
escrow agreement which is approved by the City Attorney and Developer's Attorney. the sum of
Oue Hnndred Thousand ($100,000.00) Dollars with a mutually agreeable local escrow agent, to
be utilized by the City for obtaining any necessary City interest in the Easement Area.
(e) Developer shall, at no charge to City, convey any of its interests in the Easement
Area to City to the extent necessary to establish a public road once all other necessary interests
are obtained by City. The instn1Jl1ent of conveyance used by Developer may provide for a
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reversion of Developer's interest if the Improvements described in paragraph II are not
implemented and completed by CUy in accordance with this Agreement.
(d) In the event that it is not necessary lor the City to utili1.e all of these escrow
funds for such purpose, City shall utilize the escrow funds for the benefit of the Media Center at
City's Charter School.
11. (a) Developer shall diligently pursue, and shall use its reasonable good faith
efforts to obtain, any and all necessary goverrunental approvals (the "Approvals"), including but
not limited to the approval of the Miami-Dade COWlty OERM, for the upgrade and improvement
(the "Improvements") to the Easement Area so as to facilitate the service of the Easement Aren
a.~ the access rond for the Development and for other existing deve]opmenl~ in the vicinity. The
Improvemenls shall include widening of the road surface, installation of lighting, upgrade of
drainage, installation of a sidewalk and safety baniers, any necessary modification of the DERM
wetland conservation easement, all as described in the preliminary plan (the "Plan"), a copy of
which is attached hereto a~ Exhibit "C" and incorporated herein, subject to the City Manager's
and DERM's apprnval of the final Plan. The Approvals shall be sought by Developer for II
period of no Jess than two hU1ldred seventy (270) days following the date that the Waiver
4 Ad:>
approval becomes final 9r Ill; a.1te 1I1ftt _ W.;,w ~p".u,.d is no longer subject to appeal or
further appellate review. The City shall cooperate with the efforts of Devetoper in obtaining the
necessary Approvals.
(b) If the Easement Area is obtained by City and the Approvals are obtained by
f2M1t7/1/F11ft:e
Developer, the Improvements shall be implemented at the soldlcost and expense of Deve]oper by
City's construction of the Improvements prior to the issuance of II Certifieale of Oeellpaney for
the Development. Developer shall be responsible to provide, at its sole cost and expense, all
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dosign. planning, surveying and engineering work for the Inlprovemcnts. In the event that the
Waiver Application is granted, the City shall not take any action concerning the acquisition of
the Easement Area or the implementation of the Improvements of the Easement Area which
would calise the authorized ..f:velopment ofthc Prope11y not to comply with all applicable City
codes, mles or regulations.
(c) In order to secure its commitments hereunder concerning lhe Improvements.
Developcr shall provide 10 City a letter of credit for the benefit of the City in an amount which is
not less than Three Hundred Fifty Thousand ($350,000.00) DoJlars, Developer shall be
responsible for any addilional cost which is necessary to implement Lhe Improvements in
accordance with the final Plan. In the event that the rensonable costs of the Improvements
exceed Three Hlmdred Fifty Thousand ($350,000.00) Dollars, the Developer shull increase the
Letter of Cn..dit to include said costs. Upon completion of the Improvements and the fu! fiJlment
ofllevcloper's obligation to fund the Improvements, the Letter oferedit shall terminate.
(d) In the event that the Approvals are not obtained by Developer, the City shall, at
the City Manager's discretion, still be authOli1.ed to draw upon the leller of credit in an amollllt
not to exceed City's reasonable cost in accomplishing the Improvements, up to the full Three
IhlOdred Fifty Thousand ($350,000.00) Dollar limit of the leller of credit upon CUy obtaining thc
Approvals within two (2) years after the grant of the Waiver or after the Waiver becomes final
and 110 longer subjecl to any appeal or appellate review proceedings.
(e) The form of the letter of credit shall be subject to approval by the City
Allomey and Developer's attorney and shall have a term of not less than three (3) yem-s, The
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.45 JJ.Ct<..i>P/rIM jJREL$/)$/W TO
leller of credit shall be provided by Developer to City prior loll ~ppl;~aiieft fer the issuance of any
City building permit for the Dovclopment.
~ !J-cPA/.() fTTt:'A j?tee:Ce.t'F~ p:>
12. 'w t" llFpl)'iRg fef the issuance of any building permit for the Development,
Developer shall contribute an additional sum of One Hundred Fifty Thousand ($150,000.00)
Dollars to the City. This contribution shall be utilized by the City for the purpose of City transit
system improvements (including enhancement of shullle bus services Or off.get of cost of
operation of the shuttle bus service of the City), and reimbursement of the City's legal fees
related to the Litigation.
) 3, Effective upon issuance of a City building permit for the foumlation of the Tower,
Developer and each of the Joining Parties shall execute and deliver to City rcleo<l!es waiving and
relinquishing any and all causes of action or claims against the City and City's officers (whether
elected or appointed), agents, employees and Commissioners, which in any way arises out of or
pertains to the Litigation or to the moratorium, or to the zoning, land Use or other development
stalus of the Property. Further, in the event that the Original Litigation is dismissed as provided
in paragrap11 5, but that Developer, notwithstacding City's compliance with City's obligations
pursuant to this Agreement, fails to diligently apply for or determines not to apply for a City
building permit for the foundation of the Tower on or before a date which is ninety (90) days
after lhe dismissal of the Original Litigation, because ora change of Devc1opcl"s plans, a change
of circumstances or otherwise, Developer and each of the Joining Parties shall still be obligated
to execule and deliver to City the releases described above upon written demand by the City, and
Developer shall at that time provide for dismissal of the Appellate Liligation, with prejudice.
ElIch pnrly agrees to bear its own allomcy's fees and coslll related to such Appellate Lit; gation,
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except as specified ill paragraph 12. The form of the releases shall bc subject to tile review and "p ;. 0:::-
NdTw//~r/l-A:/r.Y~?- ""'A:/~ ~~e/Z. 'p~/",. o'V
approval of the City At~TJI,~~S =rm~> J/f.-~ m;"'-r ?d"W~-?~.eS
fli..erll-pr tfC~4&-lf~ 17/€ ef=-rECTlI/C M-rE /I-E~vr:.
14. The City recognizes that at the quos/judicial hearing on the Waiver Applteation,
it shaH not generally be permissible for 111e City to seck to obtain additional concessions from
Developer. beyond those set forth in this Agreement, but 111at instead, at such hearinG. the City
COll1mission shall simply determine. in accordallcc with the criteria of Section 3 of tbe
Moratorium Ordinance. whether to grant or deny the Waiver Application. This shall not be
eonstnlCd in any manner which is contrary to paragraphs (2) and (3) of this Agreement or in any
manner which is prohibited by law.
15. This Agreement is a product of settlement negotiations. No evidence of the
actions proposed herein, including any presentations in any publie f(,rum related to thc approval
and implementation of these terms and conditions, shall be admissible by either party on the
merits of the elaims in the Litigation. However. this shall not prevent or preclude any of the
p1ll1ies herein from utilizing evidence or presentations from the public hearing conducted on the
Waiver Applicalion onvisioned herein in any challenge to 01' defense of 111e decision made or
actions taken upon said Waiver Application by the City Commission.
J6.
(a)
This Agreement. WId any of the specific items, covenanL,. and conditions
contained herein. may not be waived, changed, altered or modified except by an instrument in
writing signed by all the parties against whom enforcement of such ehange is sought. The City
Manager shall be authorized to act for the City in the implementation of SUbPlll'llgraphs (a) and
(b) of this parul,'l"aph 16 upon approval of the City Attorney as to the fonn CJ1d legal Sllrtieiency
of such action by the City Manager.
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(b) The parties recognize that by their nature certain paragraphs of this
Agreement shall only be applicable if the Waiver Application is granted, becomes fmal and b no
longer subject to appellate litigation or appellate review. 1be parties may, by supplemental
agreement, enumerate those provisions.
17, The parties agree that this Agreement shall be rendered binding only upon
execution by all of the parties hereto.
IS. '!lle "Effective Dale" of this Agreement shall be January J 9, 2006. The term of
this Agreement eOllunences upon the effective date and ends upon completion of the
redevelopment provided for herein, unless otherwise slaloo.
19. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be prohibited or invalid Wlder applicable law, such provision shall be inelTective to the
extent of such prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this Agreement, provided that the material purposes of this
Agreement can be determined and effeetuated. This severability provision shall not operate to
impair, limit or affect any specific provisions of this Agreernelll that are expressly inter-
dependent.
20. This Agreement shall be binding on the parties and their successors or assigllS.
The rights. benefits and detriments inuring to Developer under this Agreement shall he freely
assignable at the sole election of Developer, and shall run with the Property.
21 This Agrecment shall in all respects be construed in accordance with the laws of
the Slate of Florida applicable to contracts made and to be performed whOlly within the State of
Florida. V Cllue [or IIllY litigation hereunder shall be in the. Circuit Court o!"the Eleventh Judicial
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Circuit in and for Miami-Dade County, Florida.
22. This Agreement may be executed in any number of counterparts and by different
patties hereto in separate emmterparts, each of which when so executed sllall be deemed to be an
original and all of which taken together shall constitute one and the same ^l:fcclllent. pclivery
of an executed counterpart of a signature page to this Agreement by facsimile shall be effective
as delivery of a manually executed counterpart of this Agreement.
23. This Agtccmcnt shall be deemed to have been jointly drafted by the parties, and in
construing and interpreting this Agreement, no provision shall be eonstmed Dlld interprcted for or
against any of the parties because such provision or any other provision of the Agreement as 11
whole is purportedly prepared or requested by such party.
24. In the event that the City Commission, in accordance with the City Moratorium
Ordinance criteria, grants thc Waiver Application. the parties hereto sball cooperale and work
together to defend the action of the City Commission in the event of llllY challenge by any other
person, firm or entity. Further, in such event, during the course of any s\lch challenge to the Cily
Commission decision, Developer and the Joining Parties shall take no action to wrtber purs\le
the Litigation idemified in Rccit.'\ls paragraph (H) above, prior to the final adjudication of any
such challenge. \lnless compelled to do so by court order.
25. (a) Time is of the essence of this Agreement.
(b) Developer sball file the Waiver Application with City on or before
Monday, January 23, 2006.
(c) City agrees to hold a quasljudicfa' hearing alld reach a decision upon the
Waiver Application no later than Midnight, 1bursday, February 2, 2006, and to issue a written
decision to be rendered 110 later than on Friday, February 3, 2006.
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JAN-le-2006 WED 03:b8 PM
STIPULATED AND AGREED BY:
SHllflAORJT ARRAGON, LLLP
II Florida limited liability limited
partnership
Dy:
Print:
Till.:
AVflNTURA TARRAGON GP, LLC
a Florida limiled liability company
Dy:
Print:
Title:
AVENTURA TARRAGON LP, LLC
a Flodda limited liability company
By:
Print:
Title:
SHRFAOR Im, LLC
a Florida limited liability company
By:
Print:
Title:
FAX NO.
CITY OF A VENTURA, flLORIDA,
a Florida municipal corporation
By:
Eric M. Soroka. City Manager
Pursuant to Resolution No. 2006._
Approved as to form and legal suffieicncy
for the use and reliance ofthe City of
Aventura only:
By:
City Attorney
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FAX NO.
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TARRAGON SOUTH DEVELOPMENT CORP.
a Florida corporation
By:
Prinl:
Title:
PINNACLE COMMUNITIES, L.L.C.
A New Jerscy limited liability company
By:
Print:
Tille:
AppnlVcd as to form and legal sufficiency:
13y:
Altorneys for Developer
~':13:Z8,O$8II.ineohl Poinl~ S\:lllemcnl DocumentsIFin:tl Vcnien orSuulcmentA(TtCmGnl 1.18.06
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