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P.H. 2022-16: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE: (i) A SEVENTH AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO CITY PROPERTY LYING BETWEEN NORTH OCEAN BOULEVARD (A1A) AND THE ATLANTIC OCEAN AND BETWEEN ATLANTIC BOULEVARD (S.R. 814) AND NE 5TH STREET, BETWEEN THE CITY OF POMPANO BEACH AND POMPANO PIER ASSOCIATES, LLC; (ii) A FIFTH AMENDMENT TO PARCEL E GROUND LEASE RELATING TO CITY PROPERTY LYING BETWEEN NORTH OCEAN BOULEVARD (A1A) AND THE ATLANTIC OCEAN AND BETWEEN ATLANTIC BOULEVARD (S.R. 814) AND NE 5TH STREET, BETWEEN THE CITY OF POMPANO BEACH AND PPA-E, LLC; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
POSTPONED FROM JANUARY 11, 2022
FIRST READING: DECEMBER 14, 2021
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(Staff Contact: Suzette Sibble/Adrian Esteban)
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Summary Explanation/Background:
The Seventh Amendment to the Development Agreement includes the following provisions:
• a change to Section 7.1.4 relating to the payment process for the Parcel E Restrooms operations, maintenance, repair, and utility costs
• a change to Section 23.1 providing the City the ability to lease garage valet spaces
• adding a provision to Section 23 providing the Developer a valet service option
• a change to Section3 1.2 removing the Parcel E Restrooms from the City’s maintenance obligations.
In addition to the Seventh Amendment to the Development Agreement, a Fifth Amendment to the Parcel E Ground Lease is being presented to correct the legal description.
Origin of request for this action: City Manager’s Office
Fiscal impact and source of funding: N/A
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