Development Agreement with John Wieland Homes and ...

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STATE OF GEORGIA CITY OF DUNWOODY RESOLUTION 2012-06-XX A RESOLUTION AUTHORIZING AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JW ACQUISTIONS, LLC WHEREAS, by Resolution 2012-04-12, the Mayor and City Council adopted an Urban Redevelopment Plan targeting the 35 acre Urban Redevelopment Area designated in Resolution 2012-04-10 consisting of a 16-Acre parcel of property owned by the City and a 19-Acre property the City has under contract to purchase; and WHEREAS, pursuant to the Urban Redevelopment Plan, the City of Dunwoody properly solicited private companies to present a redevelopment plan for said Urban Redevelopment Area in conjunction with its powers under the Urban Redevelopment Law; and WHEREAS, JW Acquisitions, LLC development plan proposal for Urban Redevelopment Area combines the necessary elements present in the City’s Master Plan as well as the City’s Urban Redevelopment Plan, and thus the City considers JW Acquisition, LLC’s proposal as the most conducive to implement the vision of the City’s Urban Redevelopment Plan; and WHEREAS, in order to make sure that the proposal for the redevelopment of the Urban Redevelopment Area is implemented appropriately, the Mayor and City Council desire to enter into a Development Agreement with JW Acquisitions, LLC which sets terms and conditions of the redevelopment on the 16-Acre and 19-Acre properties and direct the conditions and obligations of the City and JW Acquisitions, LLC of said redevelopment; and WHEREAS, the Development Agreement is attached hereto and incorporated herein and has been reviewed by the City’s designated legal counsel; now THEREFORE, BE IT RESOLVED by the Mayor and Council for the City of Dunwoody that the Development Agreement between the City of Dunwoody and JW Acquisitions, LLC, as attached hereto and incorporated herein by reference, is hereby approved and adopted. The City Manager is authorized to execute all documents necessary and perform all actions necessary to effect same subject to final review and approval by the City Attorney. Attest: SO RESOLVED AND EFFECTIVE, this 11 th day of June, 2012. ___________________________ -5- Approved: _______________________ Michael G. Davis, Mayor #L.2.
ACQUISITION AND DEVELOPMENT AGREEMENT THIS ACQUISITION AND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into this 11 th day of June, 2012 (the “Contract Date”), between JW ACQUISITIONS, LLC, a Georgia limited liability company (“Buyer”), the CITY OF DUNWOODY, GEORGIA, a Georgia municipal corporation (“Seller”). Seller and Buyer may hereinafter be referred to collectively as the “Parties” and individually as a “Party.” WITNESSETH WHEREAS, Seller owns that approximately 15.9344 acre tract of land located in Land Lot 345 of the 18th District, the City of Dunwoody, Georgia and as more particularly described in the Exhibit “A” attached hereto (the “Sixteen Acre Parcel”); and WHEREAS, Seller has a right to purchase all of that approximately 19.14 acre tract of land located in Lot 344 of the , the City of Dunwoody, Georgia and as more particularly described in the Exhibit “B” attached hereto (the “Nineteen Acre Parcel”) pursuant to that certain contract with Atlanta Healthcare Management, L.P. and American Medicorp Development Company (collectively, the “Nineteen Acre Owner”) a copy of which is attached hereto as Exhibit “B-1” (the “Nineteen Acre Contract”), a portion of which Seller anticipates purchasing prior to July 31, 2012 (the “7/31/2012 Nineteen Acre Parcel”), a portion of which Seller anticipates purchasing on or before July 31, 2013 (the “7/31/2013 Nineteen Acre Parcel”), and a portion of which Seller anticipates purchasing on or before August 29, 2014 (the “8/29/2014 Nineteen Acre Parcel”), which 7/31/2012 Nineteen Acre Parcel is more particularly described in the Exhibit “B-2” attached hereto, which 7/31/2013 Nineteen Acre Parcel is more particularly described in the Exhibit “B-3” attached hereto, and which 8/29/2014 Nineteen Acre Parcel is more particularly described in the Exhibit “B-4” attached hereto; and WHEREAS, the Parties intend for Buyer to acquire title to the portions of the Sixteen Acre Parcel and the Nineteen Acre Parcel more particularly described in the Exhibit “C” attached hereto (collectively, the “Land”) and thereafter construct owner-occupied single-family homes, sidewalks, landscaped areas, no more than two (2) private amenity facilities and other improvements; and WHEREAS, the Parties intend for Seller to retain title to the portions of the Sixteen Acre Parcel and the Nineteen Acre Parcel other than the Property to be used for parks, green space, civic buildings, drainage facilities, roads, commercial buildings, parking, sidewalks, landscaped areas, and other uses as elected by Seller, which portions are more particularly described on the Exhibit “D” attached hereto (collectively, the “Retained Property”); and WHEREAS, attached hereto as Exhibit “E” are plans (the “Land Plans”) depicting the proposed development of the Property by Buyer and certain portions of the Retained Property by or on behalf of Seller (such proposed development is herein sometimes referred to as the “Project”); and WHEREAS, Seller has complied, or intends to comply, with O.C.G.A. Section 36-61-10, and the regulations promulgated pursuant thereto (the “URA”), and allowed potential buyers, including Buyer, to bid for the Property; and WHEREAS, Buyer acknowledges that Seller plans to sell the Property, and assign Seller’s rights under this Agreement and the Nineteen Acre Contract, if necessary, to an entity created in accordance with applicable provisions of the URA (the “Development Authority”). NOW THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements set forth herein, and other good and valuable consideration, all of which each party respectively agrees 1
Page 1: To: Mayor and City Council MEMORAND
Page 5 and 6: “Environmental Laws” will mean
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TRACT A1 Tax Parcels 18-344-01-007
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TRACT A2 Tax Parcel 18-334-01-001 B
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EXHIBIT F - ANNUAL MINIMUM PAYMENT
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Sixteen Acre Parcel: PROPERTY REPOR
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AFFIDAVIT OF OWNERSHIP BEFORE ME ca
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