The URL can be used to link to this page

Home My Public Portal About09-7407 Terminating the Development Agreement with Town Center Sponsored by: City Manager RESOLUTION NO. 09_7407 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, RESCINDING RESOLUTION 07-7083 AND TERMINATING THE DEVELOPMENT AGREEMENT WITH TOWN CENTER PROPERTIES, LLC AND THE CARRIE MEEK FOUNDATION, INC., FOR THE DEVELOPMENT OF TWENTY-EIGHT (28) TOWNHOUSES AT GOLF COURSE BOULEVARD/JANN AVENUE WHEREAS, on May 9, 2007, the City Commission of the City of Opa-locka (`City Commission") passed and adopted Resolution 07-7083 which authorized the city to enter into a Development Agreement with Town Center Properties,LLC and The Carrie Meek Foundation,Inc., for the development of twenty-eight(28)townhouses at Golf Course Boulevard/Jann Avenue within the City of Opa-locka("City"); and WHEREAS, no work has yet been performed on the project and no steps have been taken by Town Center Properties, LLC and/or The Carrie Meek Foundation, Inc. to move said project forward; and WHEREAS, in light of current economic conditions and other considerations, the City Manager hereby recommends that the City Commission rescind Resolution 07-7083 and take all necessary steps to terminate any existing Development Agreement(s)with Town Center Properties, LLC and The Carrie Meek Foundation, Inc. concerning the townhouse development project; and WHEREAS,the City Commission has determined that rescission of Resolution 07-7083 is in the best interests of the residents of Opa-locka. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 0 9—7 4 0 7 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby rescinds Resolution 07-7083 in its entirety and approves the termination of any existing development agreement(s) with Town Center Properties,LLC and The Carrie Meek Foundation,Inc.for the development of twenty- eight(28) townhouses at Golf Course Boulevard/Jann Avenue within the City of Opa-locka. Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to take all necessary and expedient action to effectuate the intent of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this j day of JANUARY , 2009. JOSEP'' KELLEY MA OR J Attest: Approved as to form and legal sufficiency: �� '_ ebor. S. ,y Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSfN Seconded by: KELLEY Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES �o� OQP Kd. ��' op Lu 2 E SEC 30 Fti 4: 1t4 .4-74-1 ,/„•,, OFFICE.-- OF THE O R A-s CITY MANAGER City Commission Agenda Item Request DATE: December 30, 2008 TO: Mayor Joseph L Kelley Vice-Mayor Myra Taylor Commissioner Timothy Holmes Commissioner Dorothy John , Commissioner Rose Ty FROM: Bryan K. Fin iii terim City Manager r•C RE: Rescin" esolution No. 07-7083 Golf Boulevard Townhouse Project Date: January 14, 2008 Request: Management is requesting the rescission of Resolution No. 07-7083, which was an approved Development Agreement with Town Center Properties, LLC and The Carrie Meek Foundation, Inc., to develop twenty-eight townhouses. Description: In Resolution No. 07-7083, the City of Opa-locka agreed to supply the property for development and accept the joint venture of The Meek Foundation, Inc. and Town Center Properties, LLC to construct the approximated 28 Townhouses. This venture would require the developers to pay all the development costs, which would also include the lift station upgrades needed to accommodate the development. This requirement in lieu of current economics appears to be a hindrance to the progress of this development. The City of Opa- locka has reconsidered the project's financial position in light of today's economy and the means by which this property will be developed and decided to rescind this agreement. Financial Impact: The city owned property offered in this venture is tax exempt, however the City will incur maintenance costs until another development proposal is accepted or the property is directly developed by the City. Implementation Time Line: Not Applicable. Legislative History: Resolution No. 07-7083 May 5, 2007 Resolution No. 06-6995 October 25, 2006 Recommendation(s): The Staff is recommending that this resolution be rescinded. ATTACHMENT(S): 1. Resolution City Commission Resolution# 06-6995 2. Resolution City Commission Resolution# 07-7083 3. Draft Resolution to Rescind Resolution# 07-7083 4. Copy of Development Agreement 5. Meeting Notes (CMO & Carrie Meek Foundation) 10-18-07 PREPARED BY: (31,44 ... — Sponsored by: City Manager Resolution No. 0 7-7 0 8 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,WITH TOWN CENTER PROPERTIES,LLC AND THE CARRIE MEEK FOUNDATION, INC., FOR THE DEVELOPMENT OF TWENTY-EIGHT (28) TOWNHOUSES, WITH APPURTENANCES THERETO AT GOLF COURSE BOULEVARD/JANN AVENUE TOWNHOUSES PROJECT WHEREAS, the City of Opa-Locka, received responses to a solicitation for a Request for Proposals(RFP)for the purchase and development of the property for a townhouse development at Golf Course Boulevard and Jann Avenue; and WHEREAS, Town Center Properties, LLC and The Carrie Meek Foundation, Inc. were deemed the most responsible and responsive proposers to the City's RFP; and WHEREAS, in an effort to ensure that the property is developed in accordance with the City's standards, the proposers have submitted the proposed Development Agreement attached hereto. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby approves the Development Agreement, in substantially the form attached hereto, with Town Center Properties, LLC and The Carrie Meek Foundation,Inc.,for the development o twenty-eight(28)townhouses with appurtenances thereto at Golf Course Boulevard/Jann Avenue Town House Project. Resolution No. 0 7—7 0 8 3 PASSED AND ADOPTED this 9 day of MAY , 2007. MAYOR Attest to: Approved as to form and legal sufficiency: . ft/ CA ' CLE' ' C A ORN: 5/2./07 DATE Moved by: COMMISSIONER HOLMES Second by: COMMISSIONER TYDUS Commission Vote: 3-0 Commissioner Tydus: YES Commissioner Holmes: YES Vice-Mayor Johnson: NOT PRESENT Mayor Kelley: YES C;\Documents and Settings\user\Desktop\Resolutions\Development Agreement-TCP;LLC&Came Meek Found Sponsored by:. City Manager Resolution No. 06-6995 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ACCEPTING THE PROPOSAL OF TOWN CENTER PROP FOR THE DEVELOPMENT OF A CITY- OWNED TRACT TOWNHOUSE DEVELOPMENT,RFP 06-1002, AT JANN AVENUE AND GOLF COURSE BOULEVARD; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY DEVELOPMENT AGREEMENT AND ACCOMPANYING DOCUMENTS FOR SAID DEVELOPMENT WHEREAS, pursuant to RFP No.06-1002, the City of Opa-locka solicited a request for proposals for development of a townhouse community on a city-owned tract located at Jann Avenue and Golf Course Boulevard consisting of approximately three (3) acres; and WHEREAS, each proposer was required to submit a sealed bid for the purchase price of the property at not less than fair market value; and WHEREAS, the City received proposals from Town Center Properties (TCP)and COBO Construction Corporation and the Housing League Inc. which responded as follows: TCP- a 28-unit townhouse development; $560,000.00 for sale of land and 30% of all profits form the sale of the property COBO- a 22-unit townhouse development and$770,000.00 for land purchase; and WHEREAS, it is the desire of the Commission to accept the proposal of the most responsible and responsive proposer. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 06-6995 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby accepts the proposal of TCP as the most responsible and responsive proposer for the development of a townhouse community at Jann Avenue and Golf Course Boulevard. Section 3. The. City Manager is hereby authorized to enter into the necessary development agreement and accompanying documents for development of said project. PASSED AND ADOPTED this 25day of OCTOBER , 2006. �w✓ MAYOR ,/ Attest o• Approved as to for7id gal sufficiency: CITY CLE I. - CI A ORNEY /9/QZJ 0 DATE Moved by: VICE MAYOR PINDER Second by: COMMISSIONER JOHNSON Commission Vote: 3-1 Commissioner Tydus: NO Commissioner Holmes: NOT PRESENT Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: YES Resolution/Accept Proposal of fa development at Jann Avenue-Golf Course Road-10-06 (Space reserved for Clerk) This instrument was prepared by: Julie A.S. Williamson, Esq. Akerman, Senterfitt & Eidson, P.A. SunTrust International Center, 28th Floor 1 S.E. 3rd Avenue Miami, FL 33131 DEVELOPMENT AGREEMENT This Agreement is entered into as of the day of , 2007, by and between THE CITY OF OPA-LOCKA, a political subdivision of the State of Florida (the "City") and the undersigned, TOWN CENTER PROPERTIES, LLC, a Florida limited liability company, together with the THE CARRIE MEEK FOUNDATION, INC. (the "Development Group") for the development of the following described property (the "Property"), lying, being and situated in Miami-Dade County, Florida: Tract A, OPA-LOCKA PLAT NO.4, Plat Book 33 at Page 71, Public Records of Miami-Dade County, Florida, TOGETHER WITH Tract B, OPA-LOCKA PLAT NO. 4, Plat Book 33 at Page 71, Public Records of Miami-Dade County, Florida, TOGETHER WITH Lot 5, Block 88-B, OPA-LOCKA'PLAT NO.4, Plat Book 33 at Page 72, Public Records of Miami-Dade County, Florida. (A) The Development Group wishes to construct a Town House Development of 28 attached units in 4 buildings, together with appurtenances thereto (the "Golf Course Blvd. / Jann Ave.Townhouses Project"). (B) The City requires that this agreement be entered into by the Development Group in consideration of the City's transfer of the City owned Property to the Development Group and participation by the City in the receipts of the sales proceeds, as indicated in Exhibit"A". NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following terms and conditions: 1) Recitals. The recitals to this instrument are true and correct and are incorporated in it. 2) Development Group Agreement. The Development Group agrees to provide 28 attached condominium residential units ("Unit(s)") for"First Time Home Buyers" in four (4) buildings, together with parking and recreational space as indicated on "Exhibit "B" attached to and made a part of this instrument. "First Time Home Buyers" are defined as A first-time homebuyer is an individual who meets any one of the following criteria: • An individual who has had no ownership in a principal residence during the 3-year period ending on the date of purchase of the (M2531249,2) property.This includes a spouse (if either meets the above test, they are considered first-time homebuyers. • A single parent who has only owned with a former spouse while married. • An individual who is a displaced homemaker and has only owned with a spouse. • An individual who has only owned a principal residence not permanently affixed to a permanent foundation. • An individual who has only owned a property that was not in compliance with State, local or model building codes. In addition, when the Units are initially marketed for sale, to First Time Home Buyers, preference shall be given to existing rental residents in, and employees of, the City of Opa-locka, by opening the sales exclusively to such residents and employees for a commercially reasonable time which shall not be less than a period of two weeks from the first public offering (by open sales office, advertising in newspaper of general circulation in Opa-locka, or similar evidence of the Units being available) of a Unit for sale. 3) Development in Accord with Laws. Development of the property shall be compatible with City of Opa-locka and other applicable zoning, permitting, and facade upkeep requirements and the County Master Plan, as affected by applicable variances and resolutions. Developer shall apply for the necessary permits applicable to the City of Opa-locka's code for location of underground utilities. Developer shall make application to the City of Opa-locka's Department of Public Works relative to obtaining a permit for the necessary specifications for electronic metering of water usage, pursuant to the City code. All applicable impact fees will be paid unless duly waived or forgiven pursuant to applicable ordinances and regulations. 4) Condominium Development and Upkeep. Developer shall form a condominium association pursuant to a condominium development of the project comprising the Units and common area; until such time as the turnover of the condominium project of the Units to the condominium association, the Developer shall be responsible for the upkeep and maintenance of the common areas in such project. 5) City Agreement. The City agrees to accept the provisions of this instrument in fulfillment of the City-awarded proposal by Town Center Properties, LLC, and agrees to transfer the Property to the Development Group or its assignee or designated entity. 6) Commencement and Completion. The Development Group shall promptly apply for applicable permits for the Unites (the "Permits"). Construction on the Units shall begin promptly upon issuance of the Permits and shall be substantially completed by the end of the twenty- fourth month after the issuance of the Permits. {M2531249;2} 2 7) Duration. This Agreement shall remain in effect until the first to occur of (a) ten years from its Effective Date, shown above, or (b) the substantial completion and sales of twenty-eight units, or (c) a termination or release executed as described in Paragraph 5 of this instrument. 8) Modification, Amendment, Release. This Agreement, or any portion thereof, may only be modified or amended or released, prior to its expiration pursuant to Paragraph 4, by a written instrument executed by the then-fee owner(s) of all of the Property provided that the same is also approved by the City (either by the Planning and Zoning or equivalent department, as evidenced by execution by the director thereof), in conformity with Florida Statute 163.3237 as amended or replaced from time to time; or by the City Manager; or by the City Commission, as evidenced by execution by the Chair or acting Chair thereof). 9) Enforcement. Enforcement shall be solely by equitable action against any parties or person violating, or attempting to violate, any covenants of this instrument. The prevailing party in any action or suit pertaining to or arising out of this instrument shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorneys. 10) Election of Remedies. All rights, remedies and privileges granted in this instrument shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 11) Severability. Invalidation of any one of the provisions in this instrument by judgment of Court in no way shall affect any of the other provisions, which shall remain in full force and effect. {M2531249;2} 3 Signed, witnessed, executed and acknowledged this day of , 2007. WITNESSES: TOWN CENTER O-L I, LLC, a Florida limited liability company By: TOWN CENTER 04 I, INC., a Florida corporation, its manager By: Print Name: Name: Its President [corporate seal] Print Name: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2007, by , as President of TOWN CENTER O-L I, INC., the manager of TOWN CENTER O-L I, LLC, a Florida limited liability company, on behalf of the corporation and the limited liability company. He is personally known to me or produced as identification. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of Florida My commission expires: • Signed, witnessed, executed and acknowledged this day of , 2007. {M2531249;2) 4 WITNESSES: THE CITY OF OPA-LOCKA, FLORIDA, a political subdivision of the State of Florida By: Print Name: Name: City Manager [corporate seal] Print Name: STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2007, by , as City Manager of THE CITY OF OPA-LOCKA, a political subdivision of the State of Florida, on behalf of the City. He is personally known to me or produced as identification. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of Florida My commission expires: Attest to: Deborah S. Irby, City Clerk Approved as to form and legal sufficiency: A. Quinn Jones IV, City Attorney • (M2531249,2) 5 Signed, witnessed, executed and acknowledged this day of , 2007. WITNESSES: THE CARRIE MEEK FOUNDATION, INC., a not for profit corporation By: Print Name: Name: Its: [corporate seal] Print Name: STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this - day of 2007, by , as of THE CARRIE MEEK FOUNDATION, INC., a not for profit corporation, on behalf of the corporation. He is personally known to me or produced as identification. Notary: [NOTARIAL SEAL] Print Name: Notary Public,State of Florida My commission expires: {M2531249,2) A-1