Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute The First Amendment To The Comprehensive Development Agreement With PPG GCF Orangebrook Owner LLC And PPG Orangebrook Owner LLC For The Development Of Public And Private Facilities At Orangebrook Golf And Country Club.
Strategic Plan Focus
Quality of Life & Strong Neighborhoods
Body
Staff Recommends: Approval of Resolution
Explanation:
On July 13, 2023, the City and the Original Developer entered into a Comprehensive Development Agreement for the development of public and private facilities at Orangebrook Golf and County Club, 400 Entrada Drive. The proposed First Amendment amends the Agreement as summarized below.
Following Broward County’s revised groundwater elevation requirements, approximately 45 acres of previously dry area were converted to lake area, necessitating additional stormwater retention and higher golf course elevation. The revised conceptual site plan consolidates the previously proposed nine-hole challenge course and nine-hole pitch-and-putt course into a single lighted 18-hole par 3 course. The project will continue to provide a minimum of 36 holes of golf, and lighting must comply with City Code requirements and be designed to minimize impacts on adjacent residential areas.
The Amendment transfers the agreement from PPG GCF Orangebrook Owner LLC to PPG Orangebrook Owner LLC, and affiliated entity, with Ari Pearl remaining in control and responsible for day-to-day management. The New Developer assumes the agreement’s obligations, while the Original Developer remains liable for defaults occurring before the Amendment’s Effective Date. The City waives the transfer review fee and confirms that no share of gross revenue is due in connection with this assignment.
The development schedule is revised to extend the Entitlement Deadline to September 10, 2027, and establish the Longstop Commencement Date as 12 months after City Commission site plan approval, subject to available extensions. The amendment also addresses prior deadlines and notices, recognizing delays associated with governmental reviews, stormwater requirements, and site access changes.
The Amendment strengthens protections for the City by requiring the Developer, upon termination of the agreement before the Commencement Date and the City’s written request, to deliver project work product within 30 days. It also requires commercially reasonable efforts to allow the City to assume professional design agreements to help preserve project continuity. In addition, references to the former Technical Advisory Committee are replace with the Development Review Committee, and the amendment incorporates Broward County’s required affordable housing and traffic mitigation declarations.
The Amendment also establishes a $612,500.00 CBRE commission, payable by the Developer in two installments of $306,250.00, and eliminates the City Reimbursement provision.
The Original Agreement otherwise remains in effect except as expressly amended.
Fiscal Impact:
Approval of this resolution will not fiscally impact the City as this amendment facilitates changes in the development process and payment of commission by the Developer.
Recommended for inclusion on the agenda by:
Lisa Liotta, Development Officer
Joann Hussey, Director, CMED
Jose Cortes, Assistant City Manager