2006-016
RESOLUTION NO. 2006-16
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, APPROVING FIRST
AMENDMENT TO SETTLEMENT AGREEMENT
BETWEEN SHEFAORlTARRAGON, LLLP, AND THE
CITY OF A VENTURA, CONCERNING 8.77 ACRE :l:
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 FIRST
AMENDMENT TO SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF FIRST
AMENDMENT TO 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 First Amendment to the
Settlement Agreement (the "Amendment to 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.
Amendment to Al!:reement ADDroved.
That the Amendment to
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
Resolution No. 2006-16
Page 2
execute the Amendment to Agreement on behalf of the City of A ventura, once approved by the
City Attorney as to form and legal sufficiency.
Section 3.
Implementation.
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 Amendment to Agreement.
Section 4.
Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing resolution was offered by Commissioner Diamond, who moved
its adoption. The motion was seconded by Vice Mayor Joel, and upon being put to a vote, the
vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez-Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
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Resolution No. 2006-16
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
Approved as to Form and Legal Suffici~,"T
HlM~
City Attorney
,~~
s'usan Gottlieb, Mayor
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FIRST AMENDMENT TO
SETTLEMENT AGREEMENT
SHEFAOR/TARRAGON, LLLP, a Florida Limited Liability Limited Partnership (the
"Developer") with joinder by A VENTURA 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 Nevada corporation, (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 First Amendment to Settlement Agreement (the
"Amendment to Agreement"), effective as of February 3,2006, as follows:
RECITALS
(A) Developer, City and the Joining Parties entered into the initial Settlement
Agreement (the "Agreement") on January 19, 2006, and now desire to amend the Agreement as
provided herein, so that the Agreement will conform to Resolution No. 2006-08 (the "Waiver
Resolution"), as adopted by the City Commission on February 2, 2006.
(B) The Waiver Application of Developer was granted by the City Commission,
subject to certain conditions stated in Section 2 of the Waiver Resolution.
(C) This Amendment to Agreement amends and supplements the Agreement in order
to conform to the conditions of the Waiver Resolution, as provided herein.
(D) All terms utilized herein which are defined in the Agreement shall have the
meaning as set forth in the Agreement unless otherwise stated.
(E) The Agreement and this Amendment to Agreement, together constitute the
Amended Agreement, and the Amendment to Agreement shall be deemed to be incorporated
into, and to form an integral part of said Agreement and Amended Agreement for all purposes
thereof.
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) OF THE AGREEMENT, HEREBY
FURTHER AGREE AS FOLLOWS:
AMENDMENT OF SETTLEMENT AGREEMENT
I. Each of the foregoing Recitals is hereby adopted and incorporated herein as if set
forth verbatim.
II. The Agreement is hereby amended to read, as follows:
A. Paragraph 8 of the Agreement is hereby amended to read, in its entirety, as
follows:
8. (a) Except as otherwise provided by the conditions of the Waiver Resolution and by
paragraph 8(b) below, 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 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. Further, it is recognized that other stories of the Tower
may have units which have a two level floor plan.
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(b) Notwithstanding the provisions of paragraph 8(a) above, in accordance with the
requirement of Section 2 of the Waiver Resolution, Developer shall prepare and present to the
City Manager on or before March 15,2006 an alternative building layout design, for acceptance
and approval at the City Commission's discretion, as described in paragraph 8(c) below, which
provides for not more than four hundred sixty (460) dwelling units, but which includes a
reconfiguration of the residential Tower to a Tower building width which is generally not to
exceed four hundred (400) feet and to a height not to exceed thirty five (35) stories. The City
Commission shall conduct a public hearing on the requested approval of said alternate building
layout design and decide whether or not to approve said design within thirty (30) days of the
submittal of said design. If the City Commission approves said alternate building layout design,
the Tower building shall be constructed to a width and height which complies with such City
Commission approval. In the event that the City Commission approves said alternate building
layout design, it is recognized that the top residential story of the Tower may consist of
penthouse units which may each have a two level floor plan. Further, it is likewise recognized
that other stories of the Tower may have units which have a two level floor plan. Subject to City
Commission approval, the Tower may consist of a structure with two vertical groupings of
residential units, provided that there is a single pedestal and a common lobby, with the Tower
building width to be determined and measured as the width of the single pedestal which supports
the two vertical groupings and the common lobby, for purposes of determining compliance with
the Tower building width limitations which are described above in this paragraph 8(b).
(c) The parties recognize that the City Commission's consideration of, and decision
pertaining to, the alternate building layout design in accordance with the conditions of Section 2
of the Waiver Resolution, as described in paragraph 8(b) above, constitutes a quasi judicial
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hearing and decision of the City Commission, and that accordingly, the City Commission does
not hereby commit itself to approve or grant the approval of the alternate building layout design,
but instead simply agrees to process, consider, and make a decision upon said alternate building
layout design in accordance with the applicable requirements of law and pursuant to the City
Moratorium Ordinance criteria applicable to the Waiver Application, as such criteria (the
"Applicable Criteria") were applied in the adoption of the Waiver Resolution. The Applicable
Criteria shall be applied in a manner which is consistent with the provisions of Section 2 of the
Waiver Resolution. The decision to grant or deny the approval of the alternate building layout
design shall be based solely upon the substantial competent evidence presented during the course
of the quasi judicial proceedings pertaining to the alternate building layout design or designs
submitted pursuant to the conditions of the Waiver Resolution, and in accordance with Section
34-31 of the City Code. If approved, the alternate building layout design shall, for purposes of
this Amended Agreement, be deemed to be the same as the preliminary, or Waiver Application,
site plan referenced in the Agreement. Said alternate building layout design, if approved, shall,
within the limits of the Waiver Resolution and the Resolution approving the alternate building
layout design, be subject to the flexibility provided by Section 4(c) of the Agreement.
Accordingly, said approved alternate building layout design shall be entitled to expedited
processing as provided in the Agreement.
(B) Paragraph 9 of the Agreement is hereby amended to read, in its entirety, as
follows:
9. In the event that the Waiver Application is granted or approved (which, granting
or approval, for purposes of the entire Amended Agreement, includes the granting or approval of
an alternate building layout design, on which said grant or approval of Waiver is conditioned)
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and becomes final and not subject to appeal or further appellate review, Developer agrees that it
shall not seek to obtain any conditional use approval under the City's recently adopted
amendments to the City's Land Development Regulations, as adopted by Ordinance No. 2006-
02, for the purpose of establishing a height or density which exceeds the height or density which
is expressly set forth in this Amended Agreement, the Waiver Resolution, or the alternate
building layout design which is approved by the City Commission, as applicable.
(C) Paragraph 25 of the Agreement is hereby amended by creating
subparagraph (d), to read as follows:
(d) Pursuant to Section 2 of the Waiver Resolution, if the City Commission
conducts a public hearing to consider, but does not approve the alternate building layout design
referenced in paragraph 8(b) above, within thirty days of submittal, the initial Tower design
which is set forth in the Waiver Application shall be further revised (the "Further Tower
Design") by the Developer to meet the concerns of the City Commission in applying the
Applicable Criteria, and the initial Tower design, and particularly the width thereof, shall not be
used. The City Commission shall similarly review and make a decision upon the Further Tower
Design in accordance with the same time frame, Applicable Criteria, methods, and procedures by
which the initial alternative building layout design is considered and decided.
III. The parties agree that this Amendment to Agreement shall be rendered
binding only upon execution by all of the parties hereto.
IV. The "Effective Date" of this Amendment to Agreement shall be February 3,
2006.
V. Except as amended by this Amendment to Agreement to form the Amended
Agreement, the initial Agreement shall remain in full force and effect.
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STIPULATED AND AGREED BY:
SHEFAOR/TARRAGON, LLLP,
a Florida limited liability limited
partnership
CITY OF A VENTURA, FLORIDA,
a Florida municipal corporation
By: Aventura Tarragon GP, LLC, a
Florida limited liability company,
its sole general partner
By:
Eric M. Soroka, City Manager
By: Tarragon South Development
Corp., a Nevada Corporation,
its sole member
By:
Print Name:
Title:
ATTEST:
By:
City Clerk
Pursuant to Resolution No. 2006-_
A VENTURA TARRAGON GP, LLC,
a Florida limited liability company
Approved as to form and legal sufficiency
for the use and reliance of the City of
Aventura only:
By: Tarragon South Development Corp.
a Nevada Corporation,
its sole member By:
City Attorney
By:
Print Name:
Title:
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A VENTURA TARRAGON LP, LLC,
a Florida limited liability company
By: Tarragon South Development Corp.
a Nevada Corporation,
its sole member
By:
Print Name:
Title:
SHEFAOR DH, LLC,
a Florida limited liability company
By: Planinvest, Inc., a Florida corporation
co-manager
By:
Print Name:
Title:
By: Estate Field Group, Inc., a Florida
corporation, co-manager
By:
Print Name:
Title:
TARRAGON SOUTH DEVELOPMENT CORP.,
a Nevada corporation
By:
Print Name:
Title:
F:/328.058/Lincoln Pointe Settlement Documents/First Amendment to Settlement Agreement 2.10.06
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