97-072 RESOLUTION NO. 97-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATI'ACHED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND TRAFALGAR ASSOCIATES OF
AVENTURA, LTD., CONCERNING ROAD AND DRAINAGE
RIGHT-OF-WAY AND IMPROVEMENTS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the attached Development Agreement provides for certain
improvements to the City's public right-of-way and the contributions toward landscaping
and streetlighting improvements which are beneficial to the City of Aventura; and
WHEREAS, approval of the Development Agreement is in the best interest of the
City of Aventura.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the Development Agreement, in substantially the form attached
hereto, is hereby approved and the City Manager is hereby authorized to execute such
Development Agreement on behalf of the City of Aventura.
Section 2. That the City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
~ection 3. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Councilmember Rogers-Libert, who
Resolution No. 97-72
Page 2
moved its adoption. The motion was seconded by Councilmember Beskin , and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger y~.~
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7TH day of October, 1997.
~/~RTHUR I. SNYD~R, MAYOR
A'I-FEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
DEVELOPMENT AGREEMENT
This Development Agreement is entered into between Trafalgar Associates of
Aventnra, Ltd. ("Trafalgar"), and the City of Aventura ("City") as of the __ day of
October, 1997.
WHEREAS, Trafalgar is developing the Aventura Lakes residential development
("Aventura Lakes") and, in conjunction therewith, is installing certain on-site and off-site
infrastructure; and
WHEREAS, City desires that Trafalgar provide certain improvements to road
rights-of-way adjacent to Aventura Lakes, and Trafalgar desires to do so on the terms
hereinafter provided;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto agree as follows:
1. N.E. 213 Street. Trafalgar shall, construct a four-lane road along proposed
N.E. 213 Street from the northerly projection of the westerly property line of Aventura
Lakes to N.E. 34 Avenue in accordance with the "213th Plans" described in that certain
Development Agreement dated September ,1997, by and among Trafalgar, City, and
Aventura Commons Associates, Ltd. (the "3 Party Agreement"), a copy of which is
attached hereto as Exhibit A. This work shall be commenced no later than 45 days from
obtaining all necessary approvals of the 213th Plans, and shall be completed within 180
days of installation of City's drainage facilities within the N.E. 213 Street right-of-way
north of Aventura Lakes. The connection of N.E. 213 Street to N.E. 34 Avenue is
conditioned upon dedication by Coscan Florida, Inc. (the Waterways) of land necessary
for the intersection of N.E. 213 Street and N.E. 34 Avenue, as shown on the 213th Plans.
City shall use it best efforts to obtain such dedication from Coscam Trafalgar shall
dedicate the land beneath the southernmost three-lanes of the portion of proposed N.E.
213 Street referenced above for road right of way with the plat of the Trafalgar property
(or by deed at any time prior thereto if so requested by the City).
2. Landscaping -N.E. 213 Street. Trafalgar agrees to contribute $50,000
toward the cost of landscaping the median to be located within N.E. 213 Street by
December 1999. After the City completes the landscaped median, the City shall
maintain the landscaping within the median, and repair and replace such median
(including the landscaping) when necessary at its sole cost.
3. N.E. 207 St. Improvements. Trafalgar shall pay to City $226,000,,
representing its full share of the costs of lighting, landscaping and median work for N.E.
207 Street (collectively, the "N.E. 207 Street Improvements"). This amount shall be due
to the City by November 1,1997. City shall be responsible for constructing and
installing the N.E. 207 Street Improvements including any increased costs resulting from
changes in the scope of work set forth in the plans for the N.E. 207 Street Improvements
and any increases in costs of the N.E. 207 Street Improvements required by the City as
part of its permitting process, to the extent such requirements exceed what is shown on
the plans for the N.E. 207 Street Improvements. In no event shall Trafalgar's financial
responsibility for the N.E. 207 Street Improvements exceed $226,000.
4. N.E. 30 Avenue. Trafalgar agrees to build the east one half of N.E. 30
Avenue from N.E. 207 Street northward to the southern boundary of the Aventura
Commons shopping center in accordance with the "30th Plans" described in the 3 Party
Agreement. Trafalgar agrees to build one lane for N.E. 30 Avenue, with the median and
a left turn lane (northbound to westbound) on N.E. 209 Street. Trafalgar agrees to
complete such work no later than December 31, 1997, provided that the City timely
approves the N.E. 30 Ave. Plans and provided further that City's installation of drainage
improvements within the N.E. 30 Avenue right-of-way does not interfere with such
roadway construction by Trafalgar. Since the presently contemplated construction of
N.E. 30 Avenue includes portions of road right-of-way which should have been
constructed by abutting landowners on the west side of N.E. 30 Avenue, the City agrees
that it shall use its best efforts to collect a "fair share" portion of roadway improvement
costs from abutting landowners at the time of such abutting landowners commence
development of their respective properties. City shall transmit such "fair share"
payments, if any, to Trafalgar, within ten days of the City's receipt thereof, as
reimbursement for Trafalgar's costs of construction for N.E. 30 Avenue, which should
have been constructed by abutting landowners on the west side ofN.E. 30th Avenue.
Otherwise, the City shall have no duty to provide reimbursement.
5. Road Impact Fee Credits. City shall allow Trafalgar to apply towards
construction costs associated with improvements, all "contribution in lieu of fee
approvals" (road impact fee credits) available from Dade County relating to construction
by Trafalgar of(a) the additional, northernmost fourth lane of N.E. 213 Street; (b) the
street lighting component of the N.E. 207 Street Improvements; and (c) a portion of N.E.
30 Avenue. In this regard, City shall cooperate with all reasonable'requests of Trafalgar
relating to obtaining such contributions in lieu of fee approvals. Such credits shall not
diminish or reduce Trafalgar's obligations to City under this Agreement, or delay
Trafalgar's performance.
6. Aventura Lakes Permits. Provided that Trafalgar is otherwise in
compliance with the terms of this Agreement, the 3 Party Agreement and all other
applicable zoning approvals, the City will continue to issue building permits for dwelling
units within Aventura Lakes, prior to final plat approval. Provided, however, that in no
event shall the City be required to issue certificates of occupancy for such dwelling units
prior to recordation of a final plat for the property on which such dwelling unit is
located.
7. Bonds. City agrees to accept a dual obligee performance bond from
Trafalgar's engineering contractor for road and related improvements. Since Aventura
Lakes property has been substantially filled to flood level criteria, City also agrees that it
will not require Trafalgar to submit a subdivision improvement bond, so long as
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Trafalgar's civil engineer certifies in writing that the property has been substantially
filled to flood criteria.
8. Letters of Credit. Trafalgar has submitted to the City, and the City has
accepted, letters of credit to insure completion of construction of the bulkhead and
excavation of the Phase I lakes in accordance with applicable permits, approvals and
approved plans. The City agrees that receipt of such letters of credit from Trafalgar,
prior to completion of bulkheads for the individual lakes within Aventura Lakes and prior
to the submission of as built surveys for such bulkhead work, is satisfactory, and that
final plats will be approved without as built surveys and prior to completion of such
work. City will accept a rollover of these letters of credit for lake excavations in Phase II
of Aventura Lakes (provided Phase I lake excavations are completed), and will approve
plats on the same basis as for Phase I, as provided above.
9. Substantial Compliance and Plat Approvals. (a) City has reviewed the
revised plans for Phase I of Aventura Lakes, described on Exhibit "C" attached hereto,
and has determined that such revised site plans for Phase I of Aventura Lakes
substantially comply with the site plan approved at public hearing and referenced in the
recorded Declaration of Restrictions. Therefore, City has administratively approved such
revised site plan.
(b) Trafalgar will request a revised tentative plat approval, and then a final
plat approval, for Phase I of Aventura Lakes. Provided that such revised tentative plat and
final plat are consistent with the site plan approved pursuant to paragraph 9 (a) above, City
shall approve the revised tentative plat and final plat without any conditions other than the
conditions set forth in the presently approved tentative plat for Phase I (T-19705).
(c) City acknowledges that the revised site plan for Phase I of Aventura
Lakes, as described in subparagraph 9(a) above, reflects a total of ~00 lots. City further
acknowledges and agrees that Trafalgar continues to be vested for development of a
maximum of 485 dwelling units in all of Aventura Lakes, and that 285 dwelling units will
be permitted within Phase II of Aventura Lakes, subject to site plan approval. Based on
the foregoing, City agrees to approve a revised master tentative plat and tentative plat for
Aventura Lakes Phase II that simply allocates 285 dwelling units to Phase II property
(without showing 285 individual lots), provided that prior to final plat approval for Phase
II Trafalgar shall apply for and obtain approval ora revised site plan for Phase II and a
revised tentative plat for Phase II that shows the Phase II property subdivided into a
maximum of 285 lots. The 285 lots are subject to the establishment of lot lines in the
revised site plan and revised tentative plat for Phase II, in accordance with applicable law
and prior zoning approvals. The final plat for Phase II shall subdivide the Phase II
property in a manner that is consistent with such revised Phase II site plan and tentative
plat.
10. General. Both parties shall take all steps reasonable necessary or
appropriate to implement the provisions of this Agreement and shall execute such
reasonable documentation as may be requested in furtherance thereof. In the event any
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sum payable hereunder is not paid when due, interest shall accrue thereon at the highest
lawful rate. In the event of litigation hereunder, the prevailing party shall be entitled to
an award of court costs and reasonable attorney's fees at all tribunal levels. Each party
shall act in good faith and diligence to implement the provisions of this Agreement and to
minimize delay in the construction contemplated hereby. In the event of"Acts of God,"
strikes, force majeure, or other causes of delay beyond the control of the parties,
reasonable extensions of time to perform acts required hereunder shall be granted.
Notwithstanding any other remedy that may be permitted by law, each of the parties
hereto shall have the fight, but not the obligation, to seek enforcement of the terms hereof
by injunction and/or specific performance, notwithstanding the availability of any other
remedies at law. Nothing in this Agreement shall waive the requirements of the City's
ordinances.
IN WITNESS WHEREOF the undersigned have caused this instrument to be
executed as of the day and date first above written.
CITY:
THE CITY ~/~NTURA /
AxtT~ ~c~ ~ EricBY: Soroka,~'' City //~
Te-resa M. Smith, CMC Manager ~jr
City Clerk
Approved as to legal sufficiency: ~
City Attorney
TRAFALGAR:
TRAFALGAR ASSOCIATES OF
AVENTURA, LTD. By ~rafal~ar Associates
Nam~-~--~-~~ By:°f Aventu~ra, '-~' ~/---'~//Inc'~'/5~s Colzlqoral Partner
Sign
Print Name: Ramon I:1. Oade~do dr. Print Name: Romon R. Cacicedo
Title: President
Sign Name; ~ .... ~
Print Nam~i ,..,,)n ..........~ ~
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