The URL can be used to link to this page

Home My WebLink About1994-01-18 Workshop City Commission Meeting Agenda PacketACEIIDA IrAl,Ia crrY corllflssloil WONI(SIIOPilEDflNTG JAI\,UAnY 18, aqq4 Tsro P.Iil. 1. lnitial discussion of the use of the library space, Nyberg/Swanson House and the creation of a larger conference room. (staf4 2. Fire Department request to discuss future purchases and related issues. (Stafq 3. Consideration of a bus bench contract and associated revenues. (staf1 Boucher Brothers request to add services to their operation at Dania Beach. Additionally, the Beach Grille is willing to separate the beach lease from the Grille for certain considerations. lstaftl 5. Further discussion and review of a Request for Proposal for a Restaurant and Bait Shop Concession for the new Dania Pier. (staf1 6. Substandard-sized lots, existing liens, and DEDC request to waive liens on four of those lots. (Comm. Jones) 7. Proposed tree preservation, tree abuse and landscape ordinance. (Staff) 8. B.S.O. office remodeling request. (Stafo 4 L* a E!E gE- 3B ;I l l 3! -- tr ---_:\_-__ a I gg*;-a9 \9 u E: qE B ie: !l >-z i ? 1 .A I = eE* 1-g!?g BI i:E T: I i I I I l_ l, t Ji il V1H I I r il il il.- 1il ll I I.L _8 fl: ir il ll lt -- --r lttl---lll Esl.? ] -l Y*A(/ ru UTI ROC[,1 CAIERhG ICIG{EN F]FE C}trtr OFFIG CIT' CC[4I'[SSICT.IorrrG DISPINY AREA POIOI PORO] RE@IICT{IST AI{D DISPIAY AREA o o --I- r- !I..* r I-)I I I I I I -) First Floor Plan Historic Nyborg-Swanson House City of Dania, Florida Arrl,cny Abbalc AIA J+t-la 1994 10:,48 P.@4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ur Ern€slo Fabrc M.Arch. D{IIBITION GAI;LFRT A}.ID I{ffifI}IG ROCM Second Floor Plan Historic Nyborg-Swanson House City of Dania, Florido Aothooy Abbate AIA JFf{-14-1994 lBt 4@ Erncsto Fabr€ M Arch P. B5 F: CITY PLANNIRGROWTH [/ANAGI[/ENT DIRECTOR ^qo+' uctl.rs€ :*! )Ell3 ..!q ]n A/C R00M SUPPLY ROOM E f-zlO(_) VAULT A/C R00M t PHONT ROOM O BUILDING OFFIC]AL t nRt INSPEClORS NRE rNsPtcloRs Irl 8!:lld9N u0taldsN tr I ) L!- -t!OL-OO CYL!__l(-) :<oa (J GENTRATOR ROOM JANITORS R00MlELICTRICAL ROOIV llI lu*,, Ii Inrl r' nrt II lroErLt II hotL II hrr IL-+rllll lElH I lsl iil ,El ll Iilt-^l= l# I 1 tllil tr Ir['l ceownr ut*curtr I | $cErARY I trl-tl l;s lEEl Esul L i l l:-:-l ftr12- I 12- Illr 9 I lqg I t'-llEu I trlEE IL=i_.1 E: ttr tr Luurn * | nLrs I nus IcoPr l_--frI lnus I nLrs I tr t--]tr L_ q tr tr tl 8 I I 1 ---l/L -u ( I CITY OF DANIA lOO W. DANIA BEACH BLVD. P.O. BOXi708 DANIA, FL 33004 December 8, 1993 Phone: F.x: 30s) 921-8700 305) 921-260,t ( ( I Ray Tomczak, President Bob-Ray, lnc. 950 NE 40 Co Dear Mr. '.' Please call me if you have any questions. Sincerely, Robert F. Flatley City Manager ' cc: Dania City Commission j Dania Chambei of Commerce Mayor Bobbie Grace has given me a copy of the new bus bench agreement with theCity of Dania. l_will present this proposed agreement to the Dania city commission at the next citycommission workshop for discussion- The date for the next workshop has not beenset,bUtitwiIIprobablybeJanuary18,1993,ifnotsooner., t' nd - RESOLUTION NO.--_- RESOLUTTON OF THE CITY COMMISSTON OF THE CITY OF DANIA,FLORIDA AUTHORTZING AND DIRECTING THE MAYOR AND CITY CLERKTO EXECUTE ON BEHALF OF SAID CITY THAT CERTAIN PROPOSAL BYBOB.RAY, INC. RELATIVE To BUS BENCHES; AND FoR OTHERPURPOSES. Now' THEREFORE, BE AND lr ts HEREBY RESOLVED By rHE crryCOMMISSION OF THE CITY OF DANIA, FLORIDA: SECTTON I: SECTION 2: SECTION 3: That the Mayor and City Cterk are hereby author- ized and direcled to execute on behalf of said city that certain proposal by BOB-RAY, !NC. relative to bus benches within the city. That the City Clerk is hereby dlrected to forward a certified copy of this resolutlon, together with a copy of the proposal fully executed, to the fol- lowing: Ray Tomczak, president, Bob-Ray, lnc. That this resolution shal! become effective immediately upon its passage. PASSED AND ADOPTED THIS ___-__-DAy OF________,t99 (coRPoRATE SEAL) ATTEST: CITY CLERK CITY COMMISSION PROPOSAL WHEREAS, the CITY OF DANIA, hereinafter referred to asthe "ClTY', has determined that benches placed for the convenience and accomodatlon of the general lraveling publicprovide a public servlce and tulflll a co!lateral publlc transportation need; and WHEREAS, the City is charged with a public lnterest and, accordingly, as a proprietary function, Is desirous of havlng placed within its corporate llmits, at transit stops and/or otherpoints of pedestrian convenience, benches designed for the benefit of the public health and comfort in order that such benches may inure to the convenience of its citizens; and WHEREAS, BOB-HAY, lNC., hereinarter referred to as ',8R,,,ls engaged in the business of manufacturing and placing benches upon which they !ease advertising rights; and NOW, THEREFORE, BR makes the tollowing proposal to the City, whereby the said desires of the Clty and of BR can be lollowed: l. BR, their successors and assigns, shall have the rlght,prlvilege, and llcense, granted by the Clty, to, without cost tothe Clty, place benches upon the publlc space wlthln the corporate limits of the City (as now constituted or hereafter enlargecl) at various translt stops and/or other points of pedestrian convenlence as hereinafter permitted. 2. For and in consideration of the grant of the above right,privilege and licence BR shall, during the term of sald grant and any extensions or renewals thereof, place and maintain bencheswithln the corporate limits of the City and shall have thefurther right, privilege and license, granted by the Clty, to leaseadvertlsing space on said benches, provided that such advertlsing shall not be of an immoral nature or be otherwlse objectionable in the judgement of the City. The City, however, shall not be unreasonable ln the exercise of this ludgement. -2- 3. The placement of benches as provlded for herein shall besublect to review by the Clty so that no bench shall bepermitted to obstruct passage along any public way or to createa hazard or otherwise be detrimental to the public safety,welfare, morals or health. 4. All benches within the corporate limits of the City, asprovlded for herein, shall be governed by the following criteria: a No bench shall be more than forty-three (43) lncheshigh nor more than seventy-four (74) lnches tong normore than twenty-elght (28) lnches wide. No advertlsing affixed thereon shall appear other thanon the front or rear surface of the backrest area otthe bench and shall not be greater than six (6) feet inlength nor two (2) feet in helght. No bench shall be placed withln 350, of any busshelter with advertising. b Should any bench fall to conform to the above crlterla orshould a property owner oblect to the presence of a benchabuttlng his property then the clty may order the removar otsuch bench and, that falling, may remove same at the expense of BR. 5. BR shail maintain said benches tn a good and substantialstate of repair. 6. BR shall at all tlmes maintain public ilabltity lnsuranceand shall provide the city with a certificate of tnsurance asevldence of same; the insurance shalt be ln the amount of$500,000.00 Bodlly lnjury and property Damage in the amount of$100,000.00 with an Umbrella for Bodlly lnlury and property Damage combined of g!,OOO,OOO.OO. 7. The City shall reserve the right to, upon notice to BR,order the removal of any particular bench whlch the clty tn ltsgood ludgement berieves not to be rocated to the pubilc bineflt. c -3- Provided however, that this right shall notCity. Should BR fail to remove such benchremove same at the expense of BR. be abused by the then the City may 8. The program for the placement and malntenance ofbenches established by the acceptance of thls proposal shall bereferred to as BR benches. Further, the benches shall remain inthe sole property of BR and may be removed by BR upon theexpiration of the rights, privileges and llcense granted thereinor any exlensions or renewals hereof. 9. lt ls expressly understood and agreed that the rights,privlleges and the license granted to BR by the City by theacceptance of this proposal shall remain ln force and effect fora period of len (10) years from the dale of such acceptance, andso long as BR performs as set forth in the foregoing condiilons,then such rights, privileges and license shall be automatlcallyrenewed for similar periods. 10. Should BR be found to be an default of any condltlonshereln, lt shall be glven notlce in writlng and a reasonable timeto correct same. ln the event BR should fall to correct suchdefault withln a reasonable time after receipt of notace of samethe Clty may, at its option, terminate the rlghts, prlvileges andlicense created by the acceptance of this proposal. should suchterminatlon duly occur then BR shall be allowed an addlttonalslx (6) month perlod to remove thelr benches. ll. by the given 12. Should any provision herein be for any reason found to beinvalid, lt is understood and agreed that such condition shall notIn any way affect any other provision. 13. BR agrees to pay the City the sum of $40.00 for eachbench with paid advertising durlng each year of the term of thlsagreement. ln the event BR does not collect for the advertising Notice of any deficiency or default of BR shall beCity at their offices by registered certlfied mait. that ls sold, then the partles agree to adjust the aboveremuneratlon that BR ls obllgated to pay the Clty ln dlrectproportlon to the amount of money BR has collected as comparedwith the total advertlsing charge. -4- -5- BY Mayor ATTEST: City Clerk BY Ray Tomczak, President BOB-RAY, tNC. 950 NE 40th Court Oakland Park, FL 33334 983-9il! CITY OF DANIA DATE OF ACCEPTANCE BY CITY OF DANIA December 9, 1993 Proposed Dania Bus Bench Locatlon List t2/9/93 SOUTH AVAILABLE LIST Page I BENCH# 001 002 003 004 005 006 007 008 009 010 01 'l 012 013 014 015 016 017 018 020 021 022 023 024 027 028 029 031 032 033 035 036 037 038 039 040 EN En,l EN EN D{ Efl EN EN EN EN EN EN Et{ Drt EN EN Et'l D.l Enl EN B{ EN EN Et{ EN EN Eh,l EN D.l EN u! 0.1 EN EN Et{ LOCATION S. Federal Hwy.-Sheridan St.-NECr S. Federal Hwy.-SE 14th St.-SECr S. Federal Hwy.-SW 14th St.-NWCr-fr. McDonald's Griffin Rd.-S/S-SECr l-95-Fr. Texaco-E. of telephones S. Federal Hwy.-SE 12th St.-NECr S. Federal Hwy.-SE 11th St.-NECr S. Federal Hwy.-SW 11th St.-SWCr S. Federal Hwy.-Bet. SE 9-10th Sts.-ElSide S. Federal Hwy.-Bet. SE 9-1Oth Sts.-WSide S. Federal Hwy.-SW 7th St.-SWCr S. Federal Hwy.-SE 7th St.-SECr S. Federal Hwy.-SE 6th St.-NECr S. Federal Hwy.-SE 4th St.-NECr N. Federal Hwy.-SW 3rd St.-NWCr S. Federal Hwy.-SE 3rd Terr.-NEGr S. Federal Hwy.-Stirling Rd.-SECr-north bench S. Federal Hwy.-Stirling Fld.-SECr-south bench S. Federal Hwy.-SW 6th St.-SWCr N. Federal Hwy.-Bet. Stirling Rd. & SW lst St.-WS-fr. N. Federal Hwy.-Just N. ol SE 1st St.-Elside N. Federal Hwy.-SW 1st St.-SWCr-opp. Liquor store S. Federal Hwy.-SE 3rd Terr.-NECr-100' N. of comer N. Federal Hwy.-Dania Bch. Blvd.-SWCr N. Federal Hwy.-Bet. 1st & 2nd Sts.-WS N. Federal Hwy.-NW 1st St.-WSide Stirling Rd.-Ravenswood Bd.-NECr Stirling Bd.-SW 12th Ave.-NECr-30' E. of B/Stop N. Federal Hwy.-NW 3rd St.-SWCr N. Federal Hwy.-NE 4th St.-NECr N. Federal Hwy.-Old Griffin Rd.-ElS N. Federal Hwy.-Old Griffin Rd.-ElSide N. Federal Hwy.-Old Gritfin Rd.-ElSide N. Federal Hwy.-Old Grilfin Rd.-SWCr N. Federal Hwy.-N. of Cutotf Canal-WSide N. Federal Hwy.-New Griffin Rd.-NECr-@ bus stop t2/9/93 SOUTH AVAILABLE LIST LOCATION N. Federal Hwy.-New Griffin Rd.-SWCr N. Federal Hwy.-New Gritfin Rd.-SWCr Stirling Rd.-l-95-NWCr-faces off-ramp NW 1st Ave.-NW 3rd Ave.-N/S NW 1st Ave.-NW 6th Ave.-NECr NW 1st Ave.-NW 8th Ave.-NECr NW 1st Ave.-NW 1Oth Ct.-NECr NW 'lst Ave.-Bet. NW 13th Sr. & 14th Way-N/Side Griffin Rd.-S/S-100' E. of l-95-E/Side of gas station N. Federal Hwy.-Bet. NE 1st & 2nd Sts.-ElS N. Dixie Hwy.-SW 13th St.-NECr N. Federal Hwy.-WS-100' N. of CutofI Canal NW 1st Ave.-N. of W. Dania Bch. Blvd.-ElS-Opp. p. Office Old Griffin Rd.-Bryan Rd.-SWCr Old Griffin Rd.-NW 4th Ave.-SECr Old Gritfin Rd.-Bryan Rd.-SECr Old Griffin Rd.-Bryan Rd.-SWCr Griffin Rd.-l blk. E. of l-95-N/S-@ tighr Griffin Rd.-NECr of entrance ramp to N/Bound l-95 Griffin Rd.-1st light E. of t-95-SECr Griflin Rd.-l-9S-E. of FtR tracks-SWCr Gritfin Rd.-tsr tighr E. of t-95, NECr-Enr. to DCOTA Gritfin Rd.-Just W. of RR Tracks-N/S-@ bus pullover Griffin Rd.-l-95-NWCr-west bench Griffin Rd.-l blk. E. of l-95-NWCr-east bench Sheridan St.-650 blk.-N/S-lst bench W. of pirates World Sheridan St.-150' E. of SE Sth Ave.-NECr Sheridan SI.-SW 4th Ave.-NWCr{r. RR Tracks Sheridan SI.-SE 2nd Ave.-NWCr Sheridan St.-Dixie Hwy.-NWCr-Opp. Winn Dixie Sheridan St.-22nd Ave.-(SW l2rh Ave.)-NECr Stirling Rd.-2gth Ave.-N/S-fr. lndustiiat pk. Stirling Rd.-l-95-NWCr-50' W. of corner Bryan Rd.-NW 1st St.-NWCr Bryan Rd.-NW 1st St.-SECr Page 2 BENCH# 042 D.l042-A Dr!044 D,l045 D.l046 D{047 EN048 Dr{049 EN05't EN052 Er{053 Dr{054 D.l055 U!056 EN057 EN058 D{059 Er,t060 EN061 D{062 Ell063 trl065 Ent 066 Dt{068 D{069 EN070 Etl072 EN073 D{074 Etl075 EN075-D Dr{076 EN077 DNI078 Ehl079 EN BEN cH#LOCATION Stirling Rd.-l-95-NECr-wesl bench Stirling Rd.-l-95-NECr-east bench Stirling Rd.-18th Ave.-NWCr-west bench Stirling Rd.-18th Ave.-NWCr W. Dania Bch. Blvd.-W. lst Ave-SWCr-fr. City Hall W, Dania Bch. Blvd.-W. lst Ave.-NWCr W. Dania Bch. Blvd.-NW 5th Ave.-SWCr N. Federal Hwy.-E. Dania Bch. Blvd.-SECr-fr. gas station Stirling Rd.-18th Ave.-NECr E. Dania Bch, Blvd.-US #'l-NECr-W. of Cr. E. Dania Bch. Blvd.-l00' E. of US #1-SECr Stirling Rd.-Bryan Bd.-NECr E. Dania Bch, Blvd.-NE 1st Ct.-NWCr E. Dania Bch. Blvd.-SE 2nd Ave.-SECr E. Dania Bch. Blvd.-SE 2nd Ave.-SECr-west bench E. Dania Bch. Blvd.-NE 2nd Ct.-NWCr E. Dania Bch, Blvd.-SE 3rd Ave.-SECr E. Dania Bch. Blvd.-SE 3rd Ave.-SECr-west bench E. Dania Bch. Blvd.-SE 3rd Ave.-SECr-middle bench E. Dania Bch. Blvd.-Ent. to Jai-Alai-NECr E. Dania Bch. Blvd.-Across from Jai-Alai-S/Side E. Dania Bch. Blvd.-Fronton Blvd.-NWCr E. Dania Bch. Blvd.-Fronton Blvd.-NWCr E. Dania Bch. Blvd.-Fronton Blvd.-NECr E. Dania Bch. Blvd.-SE Sth Ave.-SWCr E. Dania Bch. Blvd.-Bet. 4th & Sth Aves-S/Side E. Dania Bch. Blvd.-Bet. 4th & 5th Aves-N/S-west bench E. Dania Bch. Blvd.-Bet. 4th-sth Aves-N/S-east bench E. Dania Bch. Blvd.-SE 7th Ave.-S/S-east bench-fr. Hwd. E. Dania Bch. Blvd.-Gulfstream Rd.-S/S E. Dania Bch. Blvd.-Gulfstream Rd.-S/S E. Dania Bch. Blvd.-Gulfstream Rd.-NWCr E. Dania Bch. Blvd.-800 Blk.-N/S-fr. Motel 6-85 E. Dania Bch. Blvd.-Bet. NE 8-9th Aves.-NECr E. Dania Bch. Blvd.-Approx. 3 blks. W. of bridge-S/Side Page 5 081 082 083 084 085 086 087 088 089 090 091 092 093 094 095 096 097 098 099 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 116 EN D.l EN Dt{ EN Ul| EN D{ Ef.l u! Efll EN EN D{ D.l D.l D{ EN u! EN D.l Et{ EN D.l Dr{ Dt',! D{ DNI Ef.l EN D.l D.l Dt! EN EN t2/9/93 SOUTH AVAILABLE LIST t2/9/93 Page 4 LOCATION Stirling Rd.-SW 12th Ave.-NECr Stirling Rd.-Phippen Bd.-NWCr Stirling Rd.-SW 3rd Ave.-SWCr Dania Bch.-Ent. to pier-S/Side-faces walkway Dania Bch.- ent. to pier-S/S of walkway Dania Bch.-Ent. to pier-S/S-faces walkway (Hwd. 2x6) Dania Bch.-Bel pier & lst bath house-E/Side (Hwd. 2x6) Dania Bch.-Bet. pier &1st bath house-E/S (Hwd. 2x6) Dania Bch.-Bet.lst-2nd bath houses-E/S (Hwd. 2x6) Dania Bch.-Bet.2nd bath & end of beach (Hwd. 2x6) Dania Bch.-Bet 2nd bath house & end of bch-E/S (hwd. 2x6) Dania Bch.-Bet 2nd bath house & end of bch-E/S (Hwd.2x6) Dania Bch.-Bet 2nd bath house & end of bch-E/S (Hwd. 2x6) Dania Bch.-NW side of gritl (Hwd. 2x6) Dania Bch.-NW side of griil (Hwd. 2x6) Dania Bch.-NW side of griil (Hwd. 2x6) Dania Bch.-Exit ramp-Opp. Sea Fair-SECr (2x6 Hwd.) Dania Bch.-NW side of gritt (Hwd. 2x6) Dania Bch.-of grill-faces east-by exit of bch parking (Hwd. 2x6) Stiding Bd.-SW lst Ave.-SECr Stirling Rd.-29th Ave.-N/Side Dania Bch.-Ent. to bch parking-NW side of grifl (Hwd. 2x6) Sheridan SI.-SE 2nd Ave.-NWCr-west bench E. Dania Bch. Blvd.-SE 7th Ave.-S/S-west bench-fr. Hwd. Gritfin Rd.-Just E. of Animal Shelter-2000 Blk.-Nelt to Dania Bch.-Ent. to bch pkg-NW side ol griil-2nd bch Griffin Rd.-24th Ave.-NECr Griffin Rd.-2600 Blk.-S/S Griffin Rd.-2600 Blk.-N/S-E. of Hotdog stand Griffin Rd.-27th Ave.-NWCr Phippen Rd.-SW 4th St.-ElSide Phippen Rd.-SW 4th St.-NWCr Griffin Bd.-SW 29th Terr.-SECr-Fr. Miller's Food Store Grilfin Rd.-30th Ave.-NWCr Griffin Bd.-31st Ave.-SWCr BENCH# 117 118 119 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 162 163 165 169 '169-A 170 171 172 173 174 176 D.l EN EN EN D.l EN Oll EN EN EN tr{ EN D{ EN trl D.l D.t El',,| EN D.l EN Dll EN EN o{ EN EN EN D{ Dt{ D.l D{ EN o{ ry SOUTH AVAILABLE LIST t2/9/93 SOUTH AVAILABLE LIST LOCATION Stirling Rd.-Bavenswood Hd.-NWCr N. Fed. Hwy-N. of Dania Bch. Blvd.-fr. 71 N. Fed.-WSide N. Fed. Hwy-N.ol Dania Bch. Blvd.-fr. 3 N. Fed.-WSide Ravenswood Bd.-Tigertail Blvd.-NWCr Ravenswood Rd.-SW 51st Ct.-NWCr Bavenswood Bd.-100' S. ol Griffin Rd.-WS Ravenswood Rd.-SW 53rd Ct.-NWCr St. Bd. 84-SW 26th Terr.-SECr-50' E. of Cr.-NBS St. Rd. 84-SW 26th Terr.-SWCr-NBS w. st. Rd. 84-N/S-2800 Btk.-NBS Page 5 BENCH#2OO EN214 EN 215 EN217 D.l218 EN219 D.l22O trl221 Er{222 EN223 Dl| THlS AGREENENT mode ond entered to this l.:dog ofln t_/L t-tq bg ond between the DANIA CHAI1 ER OF COI1NERCEI hereinofter referred to 0s the 'CHANBER- and John J. tsrickmon/Rou Tomczak hereinofter referred to os Brickmon/Tomczok. \{ITNESSETH: Y/HEREAS, the porties hereto wish t0 enter into a contract agreement wherebg Brickman/Tomczak will toke control 0f End assume the responsibilitg for o bench project of the Chamher, guorontging the Chomber part of the proiits for their sponsoring the bench project, and: NOW THEREFORE, for ond in considerotion oi the mutuoi coienonts herein contained the parties agree eoch with the other os follows: I. The Dhomber herebu ogrees thot Brickmon/Tomczok is to be given the sole exclusive responsibiiitg for the pl6cing and mointenonce of the benches snd the piocing oi odvenising thereon ond is octing in copocitg as the ogent or representotive of the Dhomber. 2. The term Bench Project as used herein sholl generallg cons.ist of placing benches throughout the ter.ritory hereinafter described upon ''yhich benches will he offixed odvertising signs thot hove been rented bg grickmon/ Tomczok. These benches sholl be piaced throughout the territoru os herein- ofterset cut. ond in the cose of benches set out in the citg oi Danie or in ang incorporoted ores, it is herebg ogreed bu the chamber thot theg have obtoined permission irom the citu t0 plsce benches throughout the citg. ln the event thot Brickmon/Tomczok experience difficultg in operoting the bencir project, the Chomber sholl cooperote with ond ossist Brickmon/Tomczok in every wog possible t0 continue his operotion of the CHAI1BER BENCH PR0.JECT. lf 0t onu time, due t0 the CitU, Erickmon/Tomczok is unoble to operote the bench proiject satisfoctorilg then it is herebg ogreed bg ond between the porties hereto thot the terms of this controct sholl become null 6nd void ond of n0 further force nor effect, except thot ong account pouable occrued bU Brickmon/Tomczok bu virtue of their operotion of the bench project sholl re- main due ond pogeble bg Brickmon/Tomczok. 3. Pagment of Considerotion: For all advertising controcted for within this ogreement, Erickmon/Tomczok sholl pog the Chomber l0E of odvertising revenui per rl__ii i I I m0nth per bench. Brickmon/Tomczok sholl render to the :lh6mpsr 6 stotement sho\yin0 a list of rented benches, eoch month oi 0per0ti0n. together with o check to occompong the list covering oli benches sold th€t month- Pogment sholl be mode not loter thon the loth 0i the month folloy/ing the month of the benches rented. 4. lt is understood ond ogreed that the term of this ogreement sholl be for o period of 5 geors from ogreement dote, ot the end of which time Brickmon/Tomczok mog excise their option to renewol of said contract i0 6cc0rdonce with the exoct terms ond conditions set for-th, ond should the chamber Et ang time within a penod of six (6) months subsequent to theexpirotion 0f this agreement, enter into a contact with angone else other than Brickmon/Tomczak, than ond in thot event Brickmon/Tomczok sholl hove the right of first refusol to meet the terms and conditions oi soid controct. Thot in the event this controct is not renewed thot Brickmon/Tomczok shall hove o peri0d of one geor from the end of this controct to remove from the designated oreos all benches to which theg hove tiile or thot said benches mag be sold to the Chomber ot o negotioted price between the two porties. 5. Thot each sholl be identified bg letter Es 0 CHAPIBER pR0JECT and o locol phone number. 6. ErickmrnrTomczak shtii h6'/e the right t0 use ond cantract in the name of the DANiA CHANEER 0F CL"TNNERCE for matters per-torning to the Eench Po;ec'., nii \ryithsisnding the use 0f this n6me 0n aii aOvertisinc controcts, i0rm0ts 0nd 0ther edvertising por0phern6li6, invoices, bonk occounts, equipment, records ond ong other propertg used in the operotion of lhg Eench Project sholl be and remain in the sole propertg -of Erickman/Tomczok. 7. Thot Brickmon/Tomczak agree to corrg, of their own expense,public liobilitu insuronce 0n oll ospects of the Bench project, witlr aminimum coveroge of !IOO,OOO.00 per person and g300,000.00 for eochoccident, ond $25,000.00 for propertg domoge, with an ogreegote of 125,000.00. The aforementioned insurance coveroge sholl be ior theprotection of the porties hereto ond for the citg of Danio, ond shall protect these persons from oll liobilitu bu reEson of the operotion of the benchproject. 8. Thot oll benches now locoted ond ong benches insi.olled of ofuture dote in the designoted oreo sholl be pointed green ond white. The ad- vertjsing signs snall be moUe of mosonite or pigwood ond pointed rn colors ond sizes os specified bg the ogreement with the Citg of Donio. 9. That Brickmon/Tomczak ogree t0 diligenilU oppiU themselves to the sole 0f the odvertising spoce on the benches in the 6re0 set out, ond thot Brickmon/Tomczak shall be responsible for the mointenonce, repoirs, and locations of oll benches under this ogreement, and thot oll benches must be kept in good condition of sll times. . 10. Thot no benches will coll forodvert'ising signs haveing ongthing to do with politics nor shall ong sign constitute a tralfic h0z6rd, nor anu bench sign sholl carrg ong liquor or beer signs. ll. AnU business that refuses to pog for odvertising or goes out of business will constitute on odjustment of commissions due the Ehamber. 12. Ang cost of licenses, Fermits or other approvols os is necessaru is at the expense of Erickmon/Tomczok. personoi hereto. 13. This ogreement sholl be binding ond odhere to the benefit of the representatives, successors, heirs and 6ssigns of the porties 14. The areo designoted as DANTA CHANBER 0F C0M|IERCE BENCI1 PRoJECT shall consist of Ell ihe orea within the corporoted limiis 0f the Citg of Donio ond the ore6 outside in BR0\{AR0 C0UNTY bounded 0n r.he North bg the Donio Canal, West bounrled, the Eost Side of U.S. Hwg. 441 bet\reen the Donia Conol & Stirling Rd.,0n the Souttr bounded, North Side of Stirling Road, lrom U.S. HyiU.44l to Donio Citg Limits. --)- lN WITNESS WHERE0F the porties h6ve hereunt0 set their honds and seols the dog ond gear first obave written. r-/ ITNESSETH: ,44)----7i- CITY OF DANI6/FLORIDA i CHANEER OF CONNERCE $ ITNESSETH: J. BRICKHAN RA'i TONC CITY OF DANIA PARKS & RECREATION INTER-OFFICE MEMORANDUM TO:ROBERT F. FLATLEY, CITY MANAGER FROM: TIMOTHY G. TAPP, PARKS & RECREATION DIRECTO RE:BEACH CONCESSIONS DATE: JANUARY 13, 1994 At the January meeting of the Recreation Advisory Board the members considered the request of the Boucher Brothers to expand their rental services to include non-motorized craft. The Board advised the department that they were not in favor of any expansion of rental services. Please inform the Commission of the Boards position on this matter. NJS r Fa.=o J. W'-e,ro, P.A- ( A'TOlllr'Y AI L.AW iaoa it^r.!!tLoFro^ aar'.r aur!0r..G .ac r!r.ctroaN t?actt D.rtrrr. P:oror sooor t.LCtror.c (3O3, 9aO.ttAa Be ,.r l3osl 9zO-96tL October 8, 1993 tubert Elatley Ci ty [r^na ger Clty of Dania 10O f,. Danla. Beach Botrle\rard Da^aia, Elorida 33@4 D.nia Beacb &i]-t 100 l{crth Beach Boad, Daaia Dear !th. Elatley: ID lri of the Cltyrs decision at its 1a.st *E1rng toultimtely separate the beach lease frcm tbe gri1l lease, perbapsit Eay be eleedieDt to acccq)lish tbat lDtent Dtr ratbelr tba! Eitto a future date. W client, Ih^nla Beach Grill, rculd be aereeable hrt rDuld aplrreciate 2lr sl Jrni net f6q of tbe pelrceDtage reut of %% ot grossi, or a consideratim of ry letter of &tober 76, LWz, an a/rdr tlonaly copyhersitb enclosed. Please advise. tnr1y, F.If,:Iibcc: Il''nk &ller, Clty Atl&. Iouie D.,r'rs Fa.=p J. W'e.=, o, P.A. ArtoEtNaY ^t t-lw aog fr ..aar.6tr6^ aar.x aurLclr.c .ce ll.Ctroar. g?nCt? Drrarr,. PtoiEt^ 3tooa "cLErxoxc (3o!t 92o.9EAe .^r (3ogt 92o.9644 Mr. Robert FlatleyCity Manager City of Dania 100 lY. Dania Beach BoulevardDania, Florida 3300q Re I Dania Beach Grilt 100 North Beach Road FJW:kb October 16, 1992 Y rs truly, E ARD Da nia cc:Frank Adler, City AttorneyMr. Louie Demas ' Dear Mr. Flatley: ln connectlon wlth my representatlon of Louie Demas ofDania B_each Gri[, rnc., t arn preaseti to ".poit that my cri.ii- tr.s'no*accompllshed restoratton- and ripairs to the restau.rant in ttr. appioiim"t"amount of 940,000.00. tt ls niie to know that Oania aeactr patl5;;;;*have a clean and pteasant place to eat. ln reference to the lease, we offer a five (5) year lease at91, t00.00 a month and flve {sl r*^.;ptr.;.i-the uasic-ieiri-pr"-Jin1r"(5€) percent increase of rentar to sl, isi.ob jer mon r. rt doesnrt seemfair,. reasonabte or equitabte that the p.r".rrLg" rent of 2lt of orossshoutd conttnue. I understand Bouchir er"s.-wtit ;ts. p"i"Scoo1i,;:lmonth plus the above increase. May I please have your thoughts. To: From: Date: Subject: lnterOffice Memo ROBERT FLATLEY, CITY MANAGER MARIE JABALEE, FINANCE DIRECTOR January 14, 1994 BEACH GRILL LEASE Rentreceiptsfromthebeachgrillhavenotexceededtheminimumamountof sri,ooo ai any time during the past 4 years. cunent receipts, including the- beach concesiion are nofin excess of the minimum. Mr. Ward's October 16, iggZ t"tt"r requests a five year lease at $1,100 per month with a five year option at $1,155 plus $400 per month from the Boucher Bros. concession. This would increase the revenue from this source by $4,800 per year from $13,000 to $17,800. . BOUCHER EMOTHERS Pool and Beach Management, Inc. 3448 Northeagt 21Oih Terraca Aventura, Florida 3?lEO Novenben P3, 1993 Irlr. Bob Flatley Dan ia Cit y ltlanager 1O0 l.lest Dania Beach Blvd. Dania Beach, FI. Dear lrlr. Bob Flat Iey: Frlrsuant to a recent conversation I had with ltlr, Tia Tapp, I would like to subEit the following proposal for your consideration and approval: Boucher Bt'others uio(1d be extreoely interested in ppovi.dinq watersportactivities for Dania Beach and would offer the followi.nq: - Cataoarans and Hobie Cats (de[and would deternine the nuEber of boats)- Assorted beaeh gaoes and Hater sports- Certified instructors will be avai.lable to teach all watersports including: Rafting, aqua cytrIing, boogie boarding and wind surfing. In addition tothese watersport activities, xe will provide seuba instruetion in accordance with an accredited scuba organizations, additionally, we will :ake provision Fop deep sea fishing charters and or rental of fishing equipnent. ndditionally, since the safety and seFvice of the rerbers and their guests is our primary concern, the additional features will inelude: arked channei takinq the sailboats 100 yards offshore,!inating the ri.sk of colliding with a swif,rer. 5140,00.00 liability policy naoing the establishEent and individual owners, if req ue st ed. Thank you, Janes Roeco Boucher anC The Bo[cher Brothe) s Fooi and Eeach lrlanagetrent Incorp. t Ai elint .4-s BUS BENCH REVENUE COMPARISON BETWEEN PRIOR AGREEMENT AND PROPOSED AGREEMENT W]TH BOB-RAY INC. PRIOR AGREEMENT TERMS: 1O% OF ADVERTISING REVENUE PER MONTH PER BUS BENCH. JANUARY, .I994 REVENUE RECEIVED BY CHAMBER BASED ON 61BENCHES...... ................$298.60 WHTCH tS AN AVERAGE OF $4.90 PER BENCH PER MONTH. PROPOSED AGREEMENT TERMS: $40.00 PER BENCH PER YEAR ($3.33 PER MONTH). JANUARY,1994 REVENUETHATWOULD HAVE BEEN RECEIVED BYTHE CHAMBER BASED ON 61 BENCHES...........$203.13. THE PROPOSED NUMBER OF BENCHES TO BE PI-ACED BY THE BOB-RAY CO. IS 150 AT MO.OO PER BENCH WI-IICH WOULD REALIZE $6,000.00 PER YEAR. (PROVTDTNG ALLADVERTISING COSTS ARE COLLECTED BY CO.) UNDER THE PRIOR AGREEMENT THE CHAMBER OF COMMERCE RECEIVED $4,900.30 FOR THE YEAR 1993 BASED ON AN AVERAGE OF 79 BENCHES PER MONTH. NOTE: THE CITIES OF HOLLYWOOD, HALLANDALE, FT. I-AUDERDALEAND DAVIE ALL CONTRACT VvlTH A CIVIC ORGANIZATION SUCH AS THE CHAMBER OF COMMERCE, JAYCEES, ETC. THESE ORGANIZATIONS THEN IN TURN CONTRACTWTH BUS BENCH COMPANIES TO PROVIDE AND MAINTAIN THE BENCHES ACCORDING TO THE ORGANIZATIONS'CONTRACTWTH THE CITY. THE ORGANIZATIONS RECEIVE THE REVENUES DIRECT FROM THE BUS BENCH co. ATTACHED IS AN EXAMPLE OF THE CITY OF DAVIE'S AND THE CITY OF HALI.ANDALE'S CONTRACTS FOR REVIEW. h January l, 1994 Dania Bus Bench Location List I LOCATIONS Dania Beach Blvd. SE 2nd -{ve. NE 2nd Ct. 5E 3rd -{ve. Fronton Blvd. Ent. to ]aiAlai Gulfstream Rd. Gulfstream Rd. 800 Blk. NE L0th Ave. Dania Beach EnL to pier Ent to pier Ent. to beach park.-NW side of grill Ent. to beach park.-NW side of grill Exit rampOpp. Sea Fair Federal Hwy. Sheridan St. SE 1Ith St Bet SE9&10thSts. sE 7th St. SE 3rd Ter.-50'N. SE 3rd lerr-100'N. Stirling Rd.-N. bench Sttuling Rd. SW lst St. Dania Bch. Blvd. Old Griffin Rd. Old Griffin Rd. New Griffin Rd. New Griffin Rd. New Griffin Rd. OldGriffinRd. Bryan Rd. Bryan Rd. 100'W. of Bryan Rd. Ct Advertisers SEC NWC swc NWC NEC s/s NWC N/S N/S s/s s/s $22s v.92 9,5.25 94.92 $5.50 $6.75 $6.s0 s5.50 $6.00 ]ean Cook Realty Goldcoast Jewelry & Loan China Canton Rest. Goldcoast ]ewelry & Loan Trans Fla. Bank Club Nautico Royale Palm Yacht Basin Meadowbrook Coin Laun. Uberty Bell Produce Jean Cook Realty Stat Medical Clinic Dusky's Marine Grand Prix E/S SEC E/S Ready Cash Parvn Premier Cleaners ]ean Cook Realty Atlantic Dental |ean Cook Realty ]ean Cook Realty Meadowbrook Coin Laund. Trans FIa. Bank China Canton Rest Ready CashPawn Bleeps Sub Shop |ean Cook Realty Meadowbrook Coin Laun- ]ean Cook Realty Trans Fla. Bank California Dream Inn $2.25 $7.50 $2.57 s7.50 $2.57 NEC NEC w/s SEC E/S E/S SEC sEc swc sEc E/S swc swc NEC swc $650 $225 $6.O $2.2s $225 $5.50 $6.s0 $625 $350 $s.83 $2.8 .$s.50 $2.25 $5.25 $3.s0 swc SECw/s $s.92 $5.00 ss.s0Dania Antique Dist. Assoc. Stat Medical Clinic Ready Cash Pawn Arnt. Griffin Rd. SECr of I-95, Fr. DCOTA lst Light E. of I-95 lst Ught E. of I-95 lst light E. of I-95 NEC of Ent- ramp I-95 n/bound 27th Ave. Phiooen Rd. sw 4th st. sw 4th st. Sheridan St. 550 Blk. 150' E. of SE 5th Ave. SE 2nd Ave. SE 2nd Ave. SW 4th Ave. N. Dixie Hwy. N. 22nd Ave. (SW 12th Ave.) StirlinsRd. SW 1st Ave. Phippen Rd. Bryan Rd. I-95 I-95 r-95 29th Ave. 29th Ave. Ravenswood Rd. SL Rd.84 SVI 26th Terr. NWlstAve. ]ust N. of W. of Dania Bclu Blvd. Grand Prix Rustic Inn Ft. Laud. lliiton MiIIer's Hardr,r'are Miller's Hardware Capt. Mike's Seafood Goldcoast Jewelrv & Loans Goldcoast ien,elry & Loaru McDonald's Meadowbrook Coin Laundry Jean Cook Realt.v Goldcoast Jewelry & Loaru Goldcoast Jewelr-v & Loans Prospect Hall College Goldcoast Jewelrv & Loans Estate Furn Sales Jean Cook Realtv Grand Prix Miami Factory Outlet Che& Cashing Chinese Fishing Village Dryclean USA Logan's Mensware Daisy South Florist ; SEC l€ster's Diner s/s NEC NWC I\fWC N/S N/S s5.00 $6.67 $8.s0 $533 $5.33 $5.25 $4.92 $4.92 $7.50 ss.50 8225 94.92 $4.92 $3.7s v.92 $5s0 622s $5.00 $5.00 $3.00 $5.00 $4.75 $7.70 $5.n2 E/S NWC N/S N/S NWC NWc NWC NWC NEC sEc NWC NEC NEC NWC NWC N/S N/S \rwC NqIC SEC Grand Prix Grand Prix $520 $5.0O $5.0O E/5 Beaudet Antiques Tota is:i 1ct t _ $1.50 BrvanRd. tIW Ist St. NW lst SL -3- Provlded however, that this rlght shall not be abused by theGIty. Should BB fail to remove such bench then the City may remove same at the expense of BR. 8. The program for the placement and malntenance of benches establlshed by the acceptance of thls proposal shall be referred to as BR benches. Further, the benches shall remain ln the sole property of BR and may be removed by BR upon the explratlon of the rights, prlvlleges and llcense granted thereln or any extenslons or renewals hereof. 9. lt ls expressly understood and agreed that the rlghts, prlvlleges and the llcense granted to BR by the Clty by the acceptance of thls proposal shall remaln ln force and effect for a perlod of ten (10) years from the date of such acceptance, and so long as BR performs as set forth In the foregolng condltlons, then such rlghts, privileges and license shall be automatically renewed for similar periods. 10. Should BR be found to be ln default of any condltlons hereln, It shall be given notlce ln wrltlng and a reasonable tlme to correct same. ln the event BR should fall to correct such default wlthln a reasonable tlme afler recelpt of notlce of same the Clty may, at lts optlon, termlnate the rlghts, prlvlleges and llcense created by the acceptance of thls proPosal. Should such termlnatlon duly occur then BB shall be allowed an addltlonal slx (6) month perlod to remove their benches. ll. Notlce of any deflclency or default ot BR shall be glven by the Clty at thelr offlces by reglstered certified mail. 12. Should any provlslon herein be for any reason found to be lnvalld, lt ls understood and agreed that such condltlon shall not ln any way affect any other provlslon. 'l be '- BR agrees to pay the Clty the sum of $40.00 for each nch with pald advertlslng durlng each year of the term of thls agreement. ln the event BR does not collect for the advertlslng 6 -4- that ls sold, then the partles agree to adlust the above remuneratlon that BR ls obllgated to pay the Clty ln dlrect proportlon to the amount of money BR has collected as compared wlth the total advertlslng charge. RESOLUTTON NO. R-93-238 A RESOLUNON OF THE TOWN OF DAVIE, FLORIDA, GRANTING TO THE EASE FOT'NDATION INC., A BUS STOP BENCH FRANCHISE, AUTHORIZNG TrIE MAYOR TO DGCUTE AN AGREEMENT WTIH T}IE EASE FOI'NDATION, INC. AND PROVIDING AN EFFECTTVE DATE. WHEREAS, the Town of Davie wishes to provide comfort to citizens at bus stops by providing bus stop benches; and WHEREAS, it has been determined that bus stop benches are more suitable than bus stop shelters at certain locations ; and WHEREAS, the Town of Davie wishes to supply these bus stoP bmches at no cost to the Town of Davie; and WHEREAS. the EASE Foundation, Inc, a not for profit corporation, desires to erect and maintain the bus stoP benches for use by the general public; and WHEREAS, the EASE Foundation, Inc shall receive all revenues derived from leasing advertisement space on the bus stoP b€nches; and WHEREAS, after review and public hearing, the Town Council wishes to award a franchise to the EASE Foundation, Inc. pursuant to Chapter 19 of the Charter of the Town for the exdusive right to provide bus stop benches within public rights-of-way in the Town of Davie. I NowTHEREFoRE,BEITREsoLvEDBYT}{ETowNcoUNcILoFTHETowNoF DAVIE,FLORIDA: SECTION 1. That the Town Council of the Town of Davie Florida hereby grants to the EASE Foundation, lnc. pursuant to Chapter 19 of the Chalter of the Town a franddse to provide bus stop benches within the Town subject to the terms and conditions contained in the Agreement between the Town of Davie and The EASE Foundation, Inc- heleto attached as "Exhibit A". SECTION Z That the Mayor of the Town of Davie is hereby authorizeid to execute said Agreement hereto attadred as '€xhibit A". sEcTlON 3. Such franchise shall be for a period of five (5) years commencing on October 21, 1993. SECTION 4. adoption. This resolution shall take effect immediately upon its passage and PASSEDATIDADOPTEPlAS &O'b. DAYOF OulDb.rz-993 COUNCILMEMBER Attesh APPROVEDTHIS 3 ofr^ DAYOF u*>Lr-,,,1993 AGREEMENT THIS AGREEMENT made and ent,ered into this ^OLU*- day of corporation organized under the laws of the Stat,e of Florida (hereinafter referred to as the ToWN) and E.A.S.E. FOUNDATION, INC., a Florida not for Profit corPoraElon (hereinafter referred to as E.A.S.E.). WITNESSETH: wtlEREAS, TOhIN has determined that lt.is in the public interest to have bus stop benches placed in the public rights-of-way for use by the public; and !\IHEREAS, E.A.S.E. desires to cause the erecting and maintaining of such needed bus stoP benches for use by the general publlc in order to cause to be soLd and placed advertlsing within cert,ain of said bus stoP benches. NOw, TI{EREFORE, ln consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of whlch is hereby acknowledged, the Parties hereto, inEending to be 1egal1y bound hereby, do agree as follows: 1. The above recit.aLs are true and correct and are incorporated hereln as a material Part of this Agreement ' 2. The TOWN hereby glants an excl'usive Franchise to E'A'S'E' to provide bus stoP benches within the TOWN- 3. E.A.S.E. shall cause to be erected and maintain bus. stoP benches, substantially as described and dePicted on Exhibit "A" attached hereto and by reference made a Part hereof on the public nc-lr& , 199-1, by and between the TowN oF DAvrE, a municipal rlghts-of-way within the TOWN, at each of as many sites as are mutually agreed upon between the TOWN and E.A.S.E., however, it is agreed that. E.A.S.E. shall have the right to cause at leas! sevenEy five (?5) benches to be erected, at locat,ions mutually determined by E.A.S.E. and the TOWN COUNCIL according to the following schedule . A. Fifty (50) benches - upon execution of this Agreement i B. Twenty five (25) benches - six (5) nonths after execution of this Agreementi and It Is the understandlng between the parties that additional benches w111 be provided as directed by the TOWN from time to tine as the TOwN's mass translt needs increase. E.A.S.E. shall cause bus stop benches to be placed ln.accordance with DoT RuLes of on Placement, of benches . 4. Within such benches, E.A.S.E. may cause to be displayed certain advert,ising excluding political issues, however, if any product or servlce advertised is found to be objectionable by the TOWN, lt shall be removed upon receipt of written reguest of the TOWN. All revenues derived from Ehe leasing of advertising space ln the benches shalL be the property of E.A.S.E., it being speclflcalJ.y acknowledged that the TOWN shalf not have any interest ln any such revenues . 5. E.A.S.E. shall cause the bus stoP benches to be erected, lnstalled, cleaned, mai,ntained, repaired or replaced in comPliance wlth all appllcable codes at no cos! to the TOWN. All bus stoP benches shall be instaLLed Parallel to the roadway that they serve' General maintenance to the benches shall be Performed !'eek1y and any damage to same shaLl be rePaired hrithin forty-eight (48) hours of the time said damage is reported to E.A.S'E. 6. E.A.S.E. shatl- hold the TOWN harmless in connection with any claims or other demands for damages or injuries or negligence which rnay be filed against the TOWN, lncluding atgorney's fees and the cost of defending any lj.tigation in connection with any claim for lnJury or damage arislng from the use, location and/or operat,l-on of the bus stoP benches which are the subject of this Agreement. 1. E.A.S.E. sha1l cause to be Provided, at no cost to the TOWN,aOneMillion(S1,O0O,OOO.O0)Dollarpublictiabilitypolicy of lnsurance with respect to the bus sEoP benches which are.the subJect of t,his Agleement, naming the TOWN and all governing bodles, as their interesEs may apPear, as co-insured, with licensed carriers accePtable to the TowN - 8. E.A.S.E. shall cause Ehe bus stoP benches Eo be coordinated and integrated with the Broward county Mass Transit Authority, however, all reguired Permits for said bus stop benches shall be obtained from the Tov{N. g. The term of this Agreenent shall be for five (5) years' commencingfromthedateoftsheTowN,sexecutionhereof,andmaybe extended for addj.tionaL five (5) year terms by agreement of both partj.es, their successors or assigns 10. Upon a space available basis, TOwN-aPProved public service announcements wil,I be advertised within the benches. 11. E.A.S.E. shall be permit,ted to contract with outside contract,ors to assist it in the performance of iEs duties under thls contract, erithout the TowN'S prior approval. However, if E.A.S.E. enters into a cont,ract vrith a thi.ld Party for assistance ln performing their franchise obfigations, t.he contract or agreement w111 reguire the contractlng Party to fully comply with the requlrements of this agreement, and franchise. L2. In the event either Party has to resort to legaI action or tfre filing of 1egaI action in a courE of comPetent jurisdict.ion to enforce thj.s Agreement, the prevailing party.shall recover from the non-prevalling party, alL cour! cosEs, lncluding attorney's fees on the trial and aPPellate Ievels. 13. BREACIi - In the event that E.A.S.E. shall breach any provlsion of this Agreement, and such breach is not remedied within thirty (30) days of receiPt by E.A.S.E. of tdritten notice setting forEh such breach, then and in that event, the TowN shaLl have the right, upon five (5) days written notice to E.A.S.E. to terminate thls Agreement . 14. RATES - The TOWN has the right to prior review and approval of all rates charged to adverEisels. Any changes to approved rate schedufes must be approved by the TOWN - If the TOWN does not aPProve the new rates t,hey shalI not be charged to advertlsers . 15. REPEAL FOR MISUSE - In the event that failure to begin construction wlt,hin the time Prescribed or otherr'lse t'o comPly with the terms prescribed ln the franchise agreement, the TOWN may repeal the same for misuse or non use. 15. E.A.S.E. shall monitor with the contraccor and hold the TOWN harmless for the standards of service and quality for product.s and audlt the cont,lactor to prevent unjust discrimination ln service or rates. 17. The TOWN shaIl have the right to examine the records and accounts of E.A.S.E. and the contractor pertaining to thls franchlse at any time, during the term of this Agreement. 18. Notlce Eo either party sha1l be made by certlfied mall - return receipt. requested: To the TowN at:TOWN OE DAVIE 6591 s.w. 45th StreetDavie, Florida 3 3314 TO E.A. S.E. AT:E.A. S. E. FOUNDATION, INC. 5591 SIJ 45 Screet Davie, Florida 33314 19. No change or modification of this Agreement sha1l be valid unless the same be in writing and signed by aII of the Parties hereto. 20. The parties acknorrledge that this Agreement is subject to the grant of exclusLve franchise by the TOWN Pulsuant to ChaPter 19 of the Charter of the TOWN. The Provisions of ChaPter 19 of the Charter as lt may be amended from time to time are incorPorated hereln as if fully set forth herein. In the event any of the provislons of this Agreement conflict with ChaPter 19, then the provislons of Chapte! 19 of the Charter shall prevaiL. 27. This Agreement and alL amendments hereto shalL be construed in accordance with the la$rs of the State of Elorida. 22. This Agreenent sets forth the entire understanding of the Parties. IN WITNESS hIHEREOF, the partles hereto have executed this Agreement on the day and year first above written. esses: o '{- THE TOWN OE DAVIE, Anunicipal corporation Byto TowN i' ... _' te-ti- yor Crr, * .'-., 3o, //'/:5 AtEest : o E.A. S. E. FOUNDATION, INC., AFlorida Not, For Profit Corporatj-on By '| AS tO E.A. S. E. Date: I G&SADVERTISING, INC. P,O. Box 292037 Davle, FL. 33329 BUS BENCH LOCA'I IONS - TOI''N OF DAVIE 1 . Davle Rd.2. Davlo Rd.3. Davle Rd.4. .Davle Rd.5.. Davia Rd.6. Davle Rd. 7 . Davle Rd.8- Davle Rd.9. Davie Rd. 10. oavlo Rd.11. travie Rd. 12. Davio Rd.13. oavle Rd. 14. Davle Rd.15. Oavle Rd.16. Davle Rd. 17. Davle ttd.18. Oevio Rd. 19. Devle Rd. 20. 0avle Rd. 21 . Dsvlo Rd. 22. Davle Rd.23. Davle Rd.24. Davle Rd. 25 . trovi e Rd . 26. Davle Rd.27. Davle Rd. 28. Davle Rd.29. Dovle Rd.30. Dovle Rd. 3l - lravic Rd.32. Oavlo Rd. 33. Davle Rd. 34, Davio Rd.33. llavie Rd. 36 . Oavl e ltd . 37 . l{ovs Dr .38. No.ra Dr.39. t{ova Dr .40. Nova Or .{l - Nova Dr.42. Nov6 Or.43. Nova Dr.44. N3va Dr.45. l{ova Or.46. tiova Dr. E/S 5OO' N/O Nov! Dr' E/S lOOo' N/O Nova OI . E./S 500' s/o st. Rd. 84 u/s 5oo' s/0 st' Rd. 84 u/5 W/s too' s/0 995 tJ,/S 5OO' 5/0 Nova Dr .izi too' s/o sllver oaks U/S 5OO' N/0 BCC EnLranc€ E/S 4OO'N/O BCC Entr E nc€ LJ./S ar s,tl . 37th st. iizl in front of Elsenhower Elenrentarv e/S ?5' N/O S'l''' 39Ch 6g' [17g .'roo' s/o s.!,. 39th 9t E/9 100' 9/O s.u. 34th sL. Llls 50t N./0 S-tl. {2nd. St' izs too' s/o s.l,t. 42nd st. lJ/S 2OO'N/O orango Dr. E/S 1OO' N/0 Or8ngo Dr' e/S 2Oo' S/O Grlffin Rd. U/S 2OO' S/O Grlffln Rd. t.l/s 1oo' s/o s.t,. 49th st- u/s aL Prestlge Nursory irzi in front of Ploneer Frutts U/S 5OO' N,/O Stcrllnc Rd. U,/S 3OO' N/O Stcrllng Rd. E/S zao' N/O Slerllng Rd. !J/S 150' S/0 SLorllng. tJlS at N. 72nd Ave. v!/s 60' s/o N.u. 35th st.tlls 150 ' S/O N .tl . 74 th Ave . N/5 75' u/O N.!,. 75th Ave. N/S SO' E/O N.L'. 77th Ave 'N/S :{OO' E/0 Universlty Or. E/s 3Oo'5/O SLcrlino Rd. E/S at 9.1J. 57th St. E/S loo'N/0 s-l{.4?th sl. N/S 3oO' U/0 Davie Rcl . N/S loOO' U/0 Da'rlo Rd. S/S lloo' Q/Q of Davie Rd. S/S 75 ' E/0 Col lege A.ze N/S lOO' U/O Colleee Avo. N/S 50' e/O 3.U. 70th Avc. N/S aL S.U. TOth Ave. N/S rt S.U. 716t Tcrrlco. N/S ct s.u. 75th Avc. N/S 5oo' E/0 UnlvorslLY Dr. EXHlErT'A' I I I0 i i iI I 17.48. 4?. 50.51. 32. Nova Dr. S/S !20' E/0 Unlverslty 0r.Unlverslty Dr. E,/S 500'N/O St. Rd.64untverslry Dr. tJlS loo' s/o s.t,. 24th st.Unlverelty or. w/s l0o0 ' s/o Nova Dr.Unlversity Dr. H/S 300' N/0 S.H. 39th St.Unlvorslty Or. E/S 73' N/O S.ll. 30th 9t. .J--- -. ,-i-6i-. : .-..-.:+-.i.. - - s3. universlry Dr. E/s l/4 nllo s/o s.r.,. 39th St:.54. Unlvorsily Dr. W/S l/4 nlle S/O S.tJ. 39th Sr.55. unlverEit,y Dr . E/s 2o0, N/o s.t. 3r,th st..56. L,nl\,ersity Dr. tJ,/S 1OO, S/0 S.U. ir6t-h 59.57. Unlverslty or. u,/s loo, s/o s.t,. egth st.58. Unlverslty Dr. 1.,./S l0O0' N.zo Grlffln Rd.59. (rniversliy Dr. E/s lo0o, N./o Grlffln Rd.60. .t,nivorstty Dr. E/S 2OO. N/0 Griffln Rd. 61 .' Univer6lty Dr . tJ./S 200' S/O Orango Dr.62: Unlverslty 0r, z/s 7oo, S/0 orange Dr.63. Unlverslty Dr. W/S lO0O' S/0 Orang€ Dr.64. Unlverslty Dr. E./S Across from Elngo Hall65. University Dr , tl/S !/2 milc N.zO Stcrling Rd.66. Unlverslty Dr. E/S ,/2 mil. N./0 Sterling Rd.67. University Dr. E/S 1000, N.z0 Sterllne Rd.68. Unj,verslty or. E./s 100, N,zO Stcrllns Rd.69. unlver6lt.y 0r. E/s 1Oo' N/O N.!t. 3oth sL.70. 441 L!/s ?s, s/o S.u. 51sr St.71. 44L U./S 100' N/0 S.r,. S4th st.72. 441 tlls 1OO' N/O Orango Dr. 73 , 136 Avo. t^t/S 3OO ' S/O SR e474. 13O Ave. E/S eO' S/0 SR 8475. sR 84 s/s Go' E/o En!. paradlso Villago I 16 'd et:9L66I-tI-+Hf ItxTrarsmifia$tremo ?6?,rt ltlatoa Murt6Pil 5*u crr DR^,,n. -'* ? -ifiqkc.- Srrsnuorab'3 ,o..* ]#g fra F' E* Eo-,r [r" [c,ran --E{.aa.r.if. .l G{en fltte 5t:'lsqq a?7 - rr774 sFEE)€Xi TOtr{ ol oavrE Etr3 tEl€+{83 rHrg A{!REE}iENr it tus.ta tnd gn?,arad lnto eht' -- dt' of -. ..,....... 19.--. tv ,nd b'!t'c'n Z'A'9'E" FOIJNDATIOII ' trc.. . Flottda rl6t tor Proflg cgrPottBlen ( h'r'ttt'flot ,.f.rr.d to rr .E.4.3,E.'). rnC 6sA AOVEFTISINA. IJ{C" I Florld. ootPorrttoD ( h.rrl naft'r tcforrcd to rl 'G&3-)' P r E-_0-Itl-l- gj E.A.3.2. lnt rdt to.nLqr lngo in "ro.lrcnt rith thc Yc,un of otvlc !g loc5t. but b'nchct ln lht Ic''|lr of Orvrt' Brodard counlv. alorid. ( hsrclnalB3r rGl'rt'd !9 !a th' ' -oavrE mnsEr€Nr' ) . Fof th.lr ruturl btncl i!. !-A-3.E. and G'3 d"lr' to cnts r iolo rn r9ra.nan! Bhcrab, BtS xlll' Eur! rnl to gh' tarre rnd cohdltlg qonlaltrad htrtln. rr3Jol oll of lh' rctrotBlbl I tr l.! rnd obligaLlon of E'A'c'E' nidsr an' DAVTE A€REgHEflt to cgn3tlucg, ogellgo 'rid !'tntlltl bqt b.oohla ' HCx.l. THlifFoRE, lha 9at!1.. .erql a! foll*rc: I . tEU. lho tarrn of lhie AElcoT 'nt ttr' l I coltrgrie. cn rh. comFlcta ar..rrtlon horoaf ltd 'hrlt conLirira fgr r P.rlod cctroopondlne t'o Lh't of lho OAVIE AGREEIIEI{T. 2. a,i'BEltCEe!. E.A.!.E. th.ll undcrtatc to ,r';,t ]''C l*.ttt al 'C'J rrSA.ltE t )frlr lof ll.lt rll ltgl-ll-I8 ar: ct xt J ir6-Dl -i{!ra a'd L?|gt ffi|-tl-+#I obtelB th. rlch! from Eh. Town of Dsvi. undcr ch. oavlE aGRF.Ef,tENr to conBtruci and oFerltc bus benchcs in thc TqLrn of D.vie and coII advartlBtng spac6 !h.r.on. GaS agraoG tg consulL ulLh E,A.s.E. ln negotlatine ths torna of !h. oAvrE AGREEIIEHT. E.A,S.E. hcreby ascl5rnc ell of ttc rioht8 .nd d6l6eatrs all of lts oblleatlons under th. DAVIE AGREEIIEHI to e&S. G83 does her eb)r at.umc lll of th. responslblliil€E and oblinetiona of E-A.3,8. undir th. oAyI€ AGREEI4ENT Eo congCruci. oFcrrte Bnd B.inLEin Bh? bu3 bsrchos. In conglderction thereof. GlS shal^t hevc tha risht co scll. oana€o. lcaec lnd othlruie. .rhcl !h. .dvcrtialne aplco conerln.d ln tha vrrioue bug benchrr IocrLcd in tht Torn of gavlc rd retEln 6Il proflts I thorcfrom. E.A.S.E. sha.II oooerrrtr lrlth els qnd !3sirt G&S ln ord€r Bc lnaurc t,he cotglfiJGd opar.tlotr of the bus hcnchoq in accordsnae {lth Lhe tequlrom€nta of thc lor*o of Davlo uhcro rr+lircd, hogtavrr iE lc rxpressl, .ckicul.de.d lhat E.A.s.E. eha),I not ba reqglrrd to lncur any liabilisies nor wlll lE bcqome involved ln tha op€ration of tha bus b€nch€s. 3. SqgPo.tl9IBILIrrE9-oF-gtS. G&s shil} be gol.ly re pongible for th? aalc, pjrclnE and meioBgnr:icc of lhe advart isernentc oa lhe bug benchee. Further. G&i. Ehall cau$€. at its a6!,c coaE arld pxpcnee. the buE benchos l.o llo rracfed. lnetallcd. lightrd, clcrngd. naintlJnr(. repalrod or rcplacod in conolitnce rlgh all apolicablo codla - Furthgrr G&S sha.tt causr gencrll ,rlintenanco t,o Lhs '4'd 7w,ta),o1 'U'J 'LE$*4J3 ? )GIIIT !,Elt !,Lft ! E€ t65l-tr-10 la'd 8F:9T re6l-rl-l.Uf bue benchee on a ureekly basie and any droa€c to eane ehall bc rapalrcd wiBhtn forLy-oight (ae ) hourc of c&S'e recelot of notics of Buch demagc. 4. EAIijENIS. G&S h€r6by agra.a to pay E.A-s.E. the Bum of FIFTY oOLLARS ( rtSO.OO I por yE€r for each buc Ldr('l^ EbGltel claccd bv G&$ tn th6 Torn of Devlc durlna !h. tirm of thls Atr€€ment end t,he prcvl6ug ,grrrtD€nt dttad Augasr 3rd, 1999. luoh euma shall not bc dua unrll antt th.Il b. condltlon6d upo$ eech parrlculaf bue shelter bclm In a aorvica posl!lon. tlonEhly psyBrn!3 StralI be fiade on th€ FerE day of caeh month. s. gINEBSHIP 9g.-€EBGHES. rh. prrElee acknou.lrd€e that GAS, et its cosE, Ehall erect all bua I bonchea and sald bcncheg ihrll Fsmaln thc proecrt)r of G&s durlnc rhc t€rn of thls Aerc€oeDt. UFon th€ terminatlon of th€ DAVIE AGREE!{ENT, G&S shsll tse entlllsd fo obtaln possceeion of lLs bcnch.B and other property as nay b. nrrnltLed thcror.rnclcr. AlI bus bcnchas under lhla Agreeo6nt .rlra,[] l.,o c(trrgtIrrct"ed ut na1.1 meturiais €nd b€ of 6 dsslgn end qusltEy .pprcv+d in advanco, by Ehe Touln Council o? tha Toltn of Davie. C,. 1No.-q!trIq-lC.FI I qN. e&5 ecrros so lndemnlfy and hold harmleea E.A.S,E. for rny IiabIIlLlaE, GXtrenS+s, losses ur claifis a€a€rled rgainEt E.A.S-E. hlith rcsgoct to tho plac.ing, roitovino. msinreining, lnstrltlng or exiatanco of th6 buB bcflch+3 i{hLch ate ths subject mrttar of Lhs OAvtE AGftEEMENT. EO'd l9EE.lst-.u.d ]Is:I.aeEI 3 )qEI t.nH H4t:EE '66I-rI-16 =a'd ol. 5lz: SI I llj '6-#I-i.arJI. ta'd -./i<' 6t tgl lc61-1vl tut ,. !BFuRANqE -CPVERaGE. B&s rereae qo c€rry' 't itr orrn .x9€nsq i Public liobilitv inauranc! of Ont milliou Eith reep€ct to itE bua b. nches Installcd lrlt'hln Lhe nurnicipel litnils of thc Town of Davls. Suoh pol lcv rhall nrrra ths Fart,ba hrrcto and all eovernlng bodlec. inqludina the Yown of oevlo ae thslr lngcr'sg dEv aPpear !s n.o.d I nslrcd. Pol tc)' wlll lneludc ccvcflct for anv cltinc or oBhar d.'!andc for demrc6! or lnJurl66 or ncsllccncq rhloh oav br ftled raalns! E,A.3.8. or th. Toun of oevla or any oth€r insurad. lncludlne attorn€v fcg* erl(, Lh. cost of defending snv lltiSttion ln connoctlon Hlih cny clein for inJurv or damoge or nesl lgrtrtce arlllnt iton !h6 u3e. locatior e\d/dlt oparstlGn of rhri bqt rioo bcnchoC ufiteh ar€ ch€ Eub.leci of thtfi asrQl|ntGnB. GIAS shrlt furlher obtaln eg itg coet eugh othcr tneursnqc Aa ShoII bg rrquirrd under Lho t€rna of Eh. Dsvla agrccn.ng. G&S ttll providc ! copy of Eald Pollov to E.A.s,E, qsnuqtly. The policy ehall rccuiro that Lh6 I nturcr 9Iv6 E.A.6.E. not lot3l El'un t30) deys aclvsnce notrflcafion of canceltetlon or taraination of covoYag€ . 8. ATSLG$I8NI.oE*ASEE-Et1gBl. E.A.E.E. lerr's thit in Lhc evenB lrs .xietenoc shall trrninaga, E,A.S.E. sh.ll bc deomed !o hrvc asaioncd bv this Aetr.m"nt las anlire lnlsrert sndor the DAVIE AGREEI.IENT to g&B provldin,r thet erhr, itr asslf,neblc. 9 . tr I ErI.lAl tQN 0'F AOvEe' I$ING , rirrr esf aB6 thr r it shall not ent6r lnto any agreoment provlding for t,ho ,a'd lwt6t .ba'a OI 'U'J 'IS3.EI*I I )91{l |IDIJ HEII? rt6 t6Eil-rl-Io sa'd 7' 6r:9I t66T-tI tl,f cdvorElaarncnt ot' ma33!9c Rqr1016, 6dulL booksgetotl of .duli .Bcort €Grvlase. ncr rhall Politicll irqttcrs o? rny naturc or ohcrRo cxpr.3sloft3 be dilPlayed by such .dvcrtislog. G&s agrars Lrlth rclson that no a&€rtlaing 6h.Il b€ dlcplaycd tha! is offenslvc or obnorlouc, ln violation of appllceblc I.r.Is or ordltlAhcc. Dor eontrtrv !o Lhc suidclines of tha Outdoor Af,lvcrtlslEc Assoclat{on. Furthcr ln Lhc evcnt rny Product or serv.lcc rdv€rtla.d ts found to b. obiccglonable bv thB Tolrn cf Orvla. ruch objectignabla sdvafllse.Incnt ehall b. removcd b),' G&$ upon rri!.!an rcquaa! cf lhc Tor,r n of Davla. lo. U@J.!.IEdIIgt't. No changt oloodlficatlon of lhia Agr.cm.nt 3h8ll be valld unlcs! Lhr erme bc ln ErlLlnc lnd rlgncd by all parliBE hcrct'o. 11. c9ft3-.I8UCI.r€!l, rhlr Agr.emenE .nd rll emondnante h.r.to rhall ba consttuBd tn acoordanc. wIt,h Florida lau. 7". E|{TIBLagREE!{E$T. Thle Asr€smont c"Ls f otqh qhe cntirc undsrstencllne of r.h,i partica. tnd lr. nav n6t lt? clranpcd .r$eEt by hrrittcn doeument alrned by rl.l th6 p.r!I.8 h6rsLo, 13. BBEFqH.. In t.h. event that, G&3 th.Il br€r'.h on, provision of Lhir Agr.emsnt or Lh, oAVIE AGReEHENT and guch breach la not rgmcdied uithtn thirty (30) daya ot rsc€ipt by G&E of uritten notlc. BGLLing forLh auch brosch. then and ln t-he! cvcnt, E.A.S,E. ehall havc the ri€ht. upon (5) davs wrillgn nollc. Lo 6&s, go L.rminat. qet'd or €ls: sI rltl .b--.bi 9'd BS:9I fEI-rI-{.Uf Bhlr Alro€tB€nts - 14 . \JI IFA, !q4. ' I n tho lvtnL that strY tlllc.tion shatl ariso out of lhit 64re'nent or Lh' OAVIE ATiREEHENT. Eho Prevsl}ing Prrt)' Bhall ba antitlod to r!lmburEcmcnt of rsaronabl. .tLornGv'3 fcle end co'ts' throush and lncludlne .ll aPP.llato procsedl ng3 ' 15. EIDP.!INq...eEFSCL. Thie Aer.cr{tcn! chall bc btndinc upon and lhalt oPerste for thc beneflB of tho pargieE hercLo rnd Lhclr r.sPcctlvo succ'ltsort ' 'sslgnal p€raonrl r€Pr.sGngaglveg. bsnoficicrtct and dlstrlbutoes' tN III'NESS IIHEREOF, !h. plrtlgs h'reto htve cxecutEd ihlo igrccmco! on ths day and vear flrst above t{r lgLeo . ' tJI TNESgE9 :E.A.3.E. FOUNDATION. INC. , Florld. nonDroflt corgoratlon rtt 2 G}S AAVERTTSING, INC. s Florlda corPot ltion t v,&;4{<iryt-.-- 8y;,w4 - ,t- /,.,t88,'- ' r' 'c'd .ts;t\er#, ?,Gnn l.llllJ lldst:Eg !€6t-rr-ro :/r -'d lwtat 96'd EII tq:et BY: 2g',a 43. Novr 44 . 'Novt 45. Nova 4{i . No\ra as:9}'.66T-?I-+U.C G&SAOVERTTSING.TNC.P.o. Box 292037 Davlc, FL. 333ei BUS BENCH LOCATIONS - TOI'IN OF OAVIE l. Davlc Rd. E/3 3Oo' N/O Novr Dr' a- oseic na- E/E l0oo' N/O Nov' or'-3: or"i" ia. E/s 600' s/o s!. Rd' eei: o;i; iJ. u/s soo' s/o st. ed' a4 s. oiri" na. wtg lt/E loo' S/0 595a: Oiti. na. rdls soo' 9/o Nova Or' ;'. ;;l; Ra' E/s 1oo' s/o sllvGt oaks a. osvii na. 5/s 5oo' H/o Bcc EnLt"tc! ;: oevtc na' E/S 4oo' N/O BcC Ent'rance id. il;ia Rd. u/3 Bt s,tr. 37Lh sc ii: ;;;i; ia- urs ro t'ront of Elsanlrouer E'J"Dr'nL€rv i;: il;I; Rd. E/s 73' N/o s'fi' 3?Lh.sq'i;: ili;'ia. uzE ?oo' r/o s'r"' 3eth st'i;: o;;;; nJ. ezs loo' s./o s'!r' 34Lh sc';i: o;;i; io. r.rzs 50' t'r/o s.r. Aand'. st'i;. ;;;;; iJ. ezs roo' s/o s'u"4znd s!' ii. bl"ie Rd. Lrlg 2oo' N/o ortnes Dr'ii. oari. Rd. E/s loo' N/o orlnte Dr'i;: D;;:; io. Ers ioo' sro Grtlrln Rd' ;6. D;"i; na. wzs eoo'9/o Grlffin Rd'.;i:;;;i; Rd. E/s loo's/o s.t'r.4eth st' ii- Oavi" Rd. Urlg ct Prcctlto Nureefy fi: ;;i; iia. uri ln front of Ploncer .F'ult8;;: o;;t; ia. uzs soo' N/o scerltns Rd' i$. i'i"Iu nd. !r/$ 3oo'N/O Sterline Bd' Zi, ii"i" Rd. E/s 28o' N/o st.rllne Rd.ii. o""tc Rd. utls rso' s/o gt.tltng' i8 , Davlc Rd. l,l/S Et N - 72nd Avr ';;: 6;rit Rd. tlls 50' s/o N't'l' 3sth st" io, oi"i. Rd. tl/g 150' s/o N'U' 74th Avo' ii. oi"ic Rd. H/s ?1' $/a N.eJ. 75th Avc' ii. o"uic Rd. N/S 10' elo il'tl' 77Lh Avt' ;: ;;;I; Rd. N/$ 3oo' E/o unlve'slt7.Dr-fi: o;;i; nJ. ezs 3oo' 5/o s!,erltrnc Rd' il . oovlc Rcl . E/S at g .u . F7t h 6r' 'ie , piui. Rd. E/s loo' N/o s''r' 49th St'' Si. Nova I)r. N/3 3oo' tllo Davla Rd' ia . r.ro". or . Nrs I ooo' td/o oav ie Rc! 'ie. xo"a lry - t/$ .t loo' u/o o( Qevie fid '40. Nova 9r . s/.i 75', ElO col taF6 A"rO I I . xova Dt , N/9 !oO' t',I/O Col lecc Ave 'li. Hor. Dr. N/s 60' E/o s-tl. 70th Av'' or . N/s .t s.tl Dr , N/S rE s,tJor. N/t et 5.u Or , N/S SOO' E . Tosh Ave.. zllt Tcr"cca.- 25Lh Ava./O UnivaraitY Ol . ../'r' 2A'd |W,tEl,OI .U.d .tS:Nt € 8 tgI{I l{rlJ HJllr:EE r6€l-rt-r0 I 47.4e.4r. 30.sl . 't2 , 53. 34- 35. 55.37. 5E-89. 60. 51 . 62. 63.64. 65. 66. h7. 64.69.70.7L.72. 7?. 74-75. Nova Dr" 9/9 lao' E/O univcralty Dr. UnivcrriUv Dr. e/S 5Oo' N/O ag- nd. a4 Unive rgily Dr . tlls tog' S/O S -t't - 24!h 9s . Unlvorrltv Dr. LllS I0OO' S./O Noe. Lrt.univcrsitv Dr . tlls Sogf N./o s-ll . 39gh 9l . Unluer$llv Dr. E/$ 75' t|/O S'Ll. 3oth 6f.. univorstty or. E/s l/4 nilc 9/O 6.!l . 39t,h 3t. univafeity Dr. trls 1/4 mllr s/o g.ur- ?gt'h 9t- univcrgllv or. E./s 2oo' N/o 5.w. 3rth 6t- univorslrv 9t, U/3 lOO', './o g-$1. 3c'Lh 69. Unlvcrtilv Dr. LllS loo' t/o s.t.l- 39th ai. univeretty Dt - rl/3 looo' H/o Grlffln Rd.inlvcraltv ot. E/6 looo' N/o Grlffln Pd. unlvcrsltl, or. E/S eoa' N/O Grlffin td. Unlvcrrtlv 9r. lrls 2OO' S/O Qr3trle Dr' Univ€ralt). Dr. E/s 7OO' Efg Orlngs Dr- Univtrsliy Or. t|/S IOOO' 9/O Otenge Dr- univeraity Or. E/s Acroas from Elngo, HlIl untvorslei or. tlls t/2 nile N/o sgerlin€ Rd. universttv Drr. Elg 1/? mllc N/o Etlrllng Rd. univereitv Ot. e/S roOO' il/o St.rllns Rd. uaivorciLv Or, C/3 1OO' N/o sL.rllnt Rd.gnlvortlBv Dr. E/a lOO' H/O il-tl. Sosh 3t' 447 tt/g 79' glo 3.W. 51.t 8t. 4.tt $/s 100' N/o E.ll. 54th st- 44L ltls lOO' N/O Or.ngs Ot.' t36 AvO. tlls 3OO' S/O SR Ea 13o Avc. E/9 80' S/O 3R 84gR 94 g/s 60' E/o Ent,. Ptradl3c Vlllss. I €E'f tw2EL 'U'd I l.sElEt,r i )GfDU lElJ !,ldgt rCO EGI-tt-tgoL zG:st Illl t6-tl -t'{rJr &t'd€0'd'IJrol IS:9T ,65I-tT-+Ef AGREEMENT THIS AGREE!,IENT Eade and entered into this lST 63y 6g>dpTtvi8r'e. 1990, by and betueen the crTy OF HALIAIIDALE, rTORIDA, a --.:clpal, cerporatien. heleinafter referred to as ;ii .rc:i:i,i ;::d ;::. HALLANDALE C.IIAMAER OF col{!.{ERcE, a corporation not_for_profit under the Law of the state of Florida, hereinafter refeEed to as the ,rchanber,r. I{ITNESSETE: WHIREAS,,the ChaDber has for a number of years sponsored a BenchProject whereby pubr.ic benches are provided fo! the citizens of the connuni.ty at no cost to the Clty, and I{EEREAS, pursuant to good business practice, the partles aredesilous of enteling lnto a written contract to establish the duties,obligations, responsJ.bilities and privileges of each. NOW, TI{ERIFORE, ln consideration of ttre preEises and nutuaL covenants herein contained, it is hereby understood and agreed upon asfollows: ' 1. That the chanber iril1 furnlsh and [aintain publlc benches at No cosE to the _city and.rrrIr. pr.ace sai.d benches at rocations such as bus stops, school stops, shopping centers, beach areas, business zones and other areas deeBed appropriate. Benches shall be placed to assure Daxinun pedestrlan safety.and convenience. such a aleteminatlon shar.l be Eade by the chaDber, who assuDes any and aII ]iability resulting fronthe placenent, conditlon and use of the bencheE. 2. A1r benches' whether exlstlng or new, shar.r be constructed of top grade Daterials. The chaEber shal1, at their expense, rnaintain aLL such benshes in good and servlceable condition durlng the entire terE of this Agreeeent. 3. ChaBber shall install al]. benches vithin the City Linits ofHalLandale according to apprl.cabte clty codes andlor ordinances. The Chanber shall secure the rrritten consent of the nearest abuttingproperty owner, tenant or occupant prior to installation. 4. The Chanber will be authorized to sell advertising !o bepLaced upon all the public benches, provj.ded, hor.rever, there shall be no 1 x-rated Dovies, nassage parlor advertising, ad.utt Eovie houses or adult enterEainment centers pl,aced upon tl.e benches unless prior approval ls obtained fron tbe city. No adveltising ri1l be alloved to contaln naterial which Is iunoral. IascLvj.ous, obscene. ind.ecent, in bad taste or violates coDEunity standards of decency or present a conflict of lnterest to the city. No political Datter of any nature shatsoever shall be placed upon the public. O"r".l"-1.- The. Charber shall bave forEy-ei.ght (48) hours after receipt of a rr'itten denand fror the crty to reBove advertising nateliaL as noted previously Ln paragraph 4. In the event of a dispute as to ttte reasonableness of the Cityrs deEand(s), the Chanber shaU proDptly follo!, such deliand. while the dispute ls being resorved- Purthernore, in the event that the chaEber sha11 have failed. !o renove the objectionable advert.ising vithin said forty_eight (48) hours period, the city shaIl have an absoLute right to cause suctr advertLserent to be renoved, and th.e Clty shalI not be responsi-ble for any daDages in connectj,on therevith. Local adverEi,seis shall be gLven preference for any of, the advertlsing space available on the benches and loca1 advertisers shalI be charged a coaparable rate or rates charged by the franchlsee for sinilar apace for national or other advertising. 5. Advertising sLgns shall be a uaxi-uum of twelve (12) square feet and shall be- constructed of Dasonlte or plylrood with all IllustratLons, ldesig;s, arrous, characters, I€tters or other parts of the adverti'sing placed thereon. Dlrectlonar arrovs aharr be llnltear ln Bize to forty (40) square J.ncbes. Fluorescent, lrid€scent or ..*excessively ,brlght paint is not peaitted on bus benches. 5. lbe fotlolring criteria shall be appllcable to all new and existing bus bench installations: a) Benches sha1l be Lnstalled parallel to the ad.Jacent roadway. b) A DiniEuD four-foot setback froD the adJacent roadway shall be Daintained. c) A nininu[ three-foot sideualk clearance shall be Daintained. d) Benches shalI not be located rritbin tlrenty_fj.ve (25) feet af ttre right-of-i.ay Lntersection corner. 2 i e) Weed control under and lDtrediately around the bench shal1 be :Eintained by the chanbe!. f) No bench shall be placed ln the nedian of a divlded highuay. S) Any reference to traffj.c control devices, i.e., stop, yiel.d s19ms. etc., shall not be per itted. h) Ihowledge and use of state-of-the-art safety features, lnc.Ludlng placeuent. constnrction, installatlon, and uaintenance of tl.e benches, sha1l be the full and sole responsibLlity of the ChaEber. 7. fhe Clty Eay denand reloval of any bencb at any tiEe. Reuoval shal1 be acconplished wlthln ten (10) days rrritten notif,ication frou the City and all costs will be paid by the Charber. 8. During the terll of this AgreeEent, tb.e Chanber sball obtain any and all licenses and perEits necessary for the instaLlation and raintenance of the benches. 9. It is further understood and agreed that th6 terE of thLE AgreeDent shall be for a period of four (4) y€ars frou the date of this contract, at the end of rrhj.ch terE the parties berein shall be released froB tbe terns of this contlact. That ln tbe _event thls contract is not reneued, t!.e Chanber shall b.ave a period of three (3) Donths fron the end of this contract to reDove froD the alea described beleLn al1 benches set oui tO itricfr they have tltle, or tbat said benches ray be aold to the City at a nigotiatid price betrreen ttre tuo partl.es. But Ln no event shall advertLsing be sold, to be placed upon the publ1q-iencbes beyond tbe four year period. )n in the State of Fl.orida dete:::oineg that the clty of Eallandale,s sl.gns ordlnance, or any part thereof ls held invalid because of, this Agreenent, thl.s Ag?eeEent shall b€coEe null and voLd and of no effect iuuediately upon such detemination. 11. IIISI'RANCE RTQUIRAUENTS : Itle ChaD.ber shal1 procure and BaLntain. for the duration of the contract, lnsurance against clains for lnJuries to persons and daDage to property rrhich Eay arise fro! or ln connectlon rrith tlle Bu8 Bench Project, and the perfornance hereunder by the Chauler, lt,s agents, 3 representatives, euployees and subcontractors. The cost of such insurance shall be borne by the Chauber. I. Uhinun scope of Insurance A. CoEr0ercial ceneral Llability, including: 1. PreDises and Operations. 2. Products and CoDpLeted Operatlons. rrr. rv. 3. Blanket contractual Liabulty, (se€ Bold EarDLess AgreeBent and #VII belorr). 4. Independent Contractors. . 5. Broad ForE properly Danage. 6. pelsona1 Injury Llabiu.ty. B. Workers, CoDpensation Insurance. C. EDployer,s Liabllity Insurance. @.- A. Connercial ceneral Liability: $1,000,ooo conbined single lhit per occurrence and Sl,ooo,ooo annual aggregate fo! bodlly 1nJur1,, personal lnjury and property dalage. B. I{orkers, CoDpensation: . I{orkers, coDpensation fnsurance as requlred by the _ State of FlorLda. C. Fiployer.sLlablllty: $100, ooo Llait per occurrence, Sloo,ooo llnLt for disease o! an Individual euployee. Ireductibtes and Self-fnsured Retentlons A. Deductlbles/Self-Insurance Retentlons Deflned: AlI deductibles and self_insured retentions uust be sholrn clearly on the certiflcates of Insurance and approved by the Clty. B. Retention Levels: The Clty has the optLon to reduce or ellDlnate any deductible or seLf-insured retention Ealntained by the Chanber. Other Jnsurance provisions Itre policies sha1l contaj.n the following provisions: 4 II. I I I A Additional fnsured. and Certiflcate Holder: Al.1 lnsurance shalL incLude as Additional Insured. and Certillcate Holder the City of Ballandale. There are not to be any special liritations on the protection being provided to the Clty, Lts officials, offLcers, enployeas or volunteers. Chaeber, s Insurance is prirary: The ClraEber, s lnsurance coverages shall be prj.nary insurance Hith respect to tbe Clty,s, lts officials, offlcers,, eDpLoyees,, and volunteers, insurances. Any insurance and aelf_l,nsurance uaintained by the city, its offici.als, offj.cers, eaployees, or volunteers sha}l be excess of the ChaDber Lnsurances and shal1 not contrLbute lrlth it. Coverage cuaranteed: Any faLlure to coEply rrlth reportl.ng provisions of the poJ.lcies shaLl not affect coverage provided to the city, its officers, offlcials, etiployees or volunteers. Ocqu:?ence Basis: - Tbe Chanber, s insurance sball bs on an bicurrence lasi! as opposed to a clai.Es-lade basls. In other vord.s, claims vhich occur atuling tbe poucy period can be reported lonths or yeals later and stiU be paid, lf they occur durlng tbe pollcy period. clain"s-Dade polJ.cies cover only clalDs rrhlch occur and are nade during the polLcy perlod. fn the event occurrence based insuranca ls not aval,Iab1e, us€ of clains-nade insurance lay be considered acceptable in llDited circuDstances. subj ect to yritten approval by the Risk lilanager. 30 Day Notice: Ttre fo11olring clause shall be lncluded Ln a].l policies: Ttris pollcy sha.L1 not be suspended, voided., or cancelled by elther parly, or a reductlon or revision ln coverage or llnits of coverage except c D E after thirty (30) day3 prl.or sritten notice by certified naiL, return receipt requested, has been given the City. F. Separation of Insureds: tha definltion of lnsured shall read as folla!,s: nThe lnsurance afforded applies s€parateLy to each insured against rhon claiB is [ade or ault is brought, except uith respect to th€ li.Dlts of the coEErany, s , llabilltyrr. Tb,e conpany, ln tbls context, being the Cha.nberrs lnsurance coDpany. 1. If no such deflnitLon of the insured ls quoted in the insurance, the Charber [ust provide ncrosE Liabllity Clausen or nseverabillty of fnterests Clause,' €ndorEenent lor all Liabtlity insurances. Acceptabilitv of Insurance conpanv A. Best Rating: Insurance coverage Eust be wittr a coupany l,ith a Best rating A. \ffI or better. Florida State LLcensed: -- Al1 insurance policles hereln requLred of the ChaDber - shall be rEitten by a coDpany authorlzed and llcensed to do insurance business ln the staie ot Slorida and be executed by agents Licensed a".-ageni" . . by the Stat6 of Florida. Verification of coveraae A. Certificates and EndorseDent provid.ed: The ChaDber shaIl furnish the CIty slth a cerEifl.cate of lnsurance speciflcally stating the bLal nuDber and tltle and lrith origlnal endorseEents affecting coverage. The certilicates and endorseDents lust be received ard approved before any work counences. Authorized Sigratures: The certifLcates and endorseDents for each insurancB polLcy are to be signed by a person authorized by that B \rI B 6 I i I l I VII. insurer to bind coverage on 1ts behalf. C. Coverage Continuation: fnsurance coverage requiled in these specifications shall be ir force throughout the contraqt. Should the Cb.anber fail to provLde acceptable evidence of surrent Lnsurance lrithln seven (7.) atays of receipt of rritten notice at any tine during the agrreenent orperEit, the City shall have the rlght to consider the agreeEent or per[it breached and JustJ.fylng temination thereof. coEpliance by the charber and. su.bcontractors with the foregoing requirenents as to carrying insurance and furnl,shing copies of tbe lnsurance policies shall not relleve the Chanber and aLL subcontractors of thel! 1ia-bltlties and. obllgatlons urder this contract. If coverage on the certlflcates of insurance lB shorn to exPire prlor to coDpletion of atl terEa of, the contract ulth the Clty, the ChaD.ber shall furnish certl,ficates of insurance evid,enclng lenerral - of such covelage to the Clty. Eold Ea! less AdreeEent The Charber shall take notice of, the Eold EarBL€ss Agreeeent contalned In this contract ard uil:. obtaii arat , Eaintain contractual liabillty Lnsurance in adequate liDlts . for aole purpose of protectlng the City of Eallandale, Florida, under ttre I{o1d HarxLess Agreelent. Further, tbe ChaDber lrl11 notify hl.s insurance agent rithout d.elay of the existence of the HoId EarElesE AgreeDent contalned uithin thls agreenent, and furnish a copy of the EoId. Ea::uless AgrreeEent to his Lnsurers. a *itttt* i I I * *l** *i* I * **r t ** tt !t t * i **t*t **i*** il i * *tt*t I *** * * Eold EarDtess AgreeEent The Chanber agrees and covenants to lndeEnify and save haraless the City of Ea]landale, Florida fro[ any and 7 VITI. all cLails, suits, actions, danages, and causes of actions which Eight arise for any personal injury, loss of life. or othe! actions, of chanber, his agents, su.bcontractors, lnvitees, Iicensees, servants, empLoyees or asslgns, sustain€d ln the perfomance of any prod.uct, servlce, act or oroission resultlng flon this AgreeEent, and to defend any action or proceeding brought hereon, and fron and against any orders, Judgeeents, executlons, Ievies and decrees as [ay be entered ttrerein. t i* !t I i * *:l * * t * * i:l t t * **t* lt * rt * t* !t:a t i * I t * tatli *t * * i+**r**t**** Llnited Contractual Relatlonship Nothing contained in these contract specj.fications shalL be construed as creating any contractual relationship bet!,ree! any of the Charberrs subcontractors or suppl.iers and tbe Clty. The ChaDber shall be as fully responsib]e to the city for acts and onissLons of all subcontractors and. suppllers and of alL pelsons euployed by the subcontractors and suppliers, as ttre Charber is for acts and ouissions of persons direstLy erployed. by tbe ChaDber. A. - Joint Venture: - The parties agree that thls agreeEent shal1 be the shole and total ag?eenent betlreen the partleE, and the Chat[ber ls undertaking its actlvities as for lts sol,e use and benefLt and this agreenent or tb6 actlvltLes resuLtlng there froE shall 1r! no uay be construed to be a Joint undertaking with the clty, nor ls the city ln any way assuDl.ng responsibility or benefits of the ChaEber,s actLvity. The Cbarber acts independently and in its own right, rLsk and responsLbillties. The Clty assuDes no dlrectlon, control. responsi.bility or liability fo! the activLties of tbe Charber and, by the execution of this agleeEent, does not endorse or underEake any activity heretofore conducted by the Chanber. I I I I i I I i ! : IX. Other ReduLrenents A. Subcontractors, Insurance Requirenents: Ttre ehanber shall include a1l su.bcontlactors as Lts lnsured ulder lts pollcies or shall furnlsh sepalate certlflcates and aLl endorse[ents for €ach _,_ sulrcontlactor, s covelages. AII coverbges for su.bcontractors shall be subj ect to all tbe requireEents stated herein. ** i** * t !r,r * i *** * * * * +*tl * * *l * * * i * t*a t:rl. * aa** *at, **+* **ttt** * L2. In the event of the breach of any of the covenants of this Ag?eenent by the charber, and upon notiflcation by the Clty to correct saEe, then in the event that the conditions coEplalned of ale not lorrected. by the ChaEber vl.thin seven (7) alays of said notlce, th€ City Day elect and can, without further notlce, declare this Agreeuent breached and of no furthe! tegal force and €ffect- 13. ltis Ag?eeDent shall be governed by, and construed ln accordance lrlth the l,aws of the State of Florida. L4. llotices: Any and aI]. notices required under tbLs contract ShaU be deeEed to bave been given rrhen placed ln the Irnited states !air,certifled, return receipt requested, addressed aa fo1lous, ron Crti: ,clty Uanager 308 S. Dlxie ELghway, EaLlandale, Florlda 33 OO9'j.... , FOR COUPA.}IY 3 CbaEber of ColEerce 1505 East Eallandale Beach Blvd. Eallandale, Florlda 33009 15. SNTIRE COMTRACI This contlact contains all the terns and condltlons agrreed upon by the partles hereto. Any changes, aEendments, Eodillcatj.ons orassigrrents requlre the yritten consent of both partj.es. 9 I Ill WITNESS I{IiEREOF, the parties hereto have hereunto set their hands and seals the day and year first above rrritten. WITNESSES :CITY OF E},IIANDATE, a DunLcj,pal corporation of State of .Florida By: lrayor-CoDnissioner APPROVED AS TO I,EGAI SI'TFICIENCY Hallandale City Attorney WIE{ESSES : JR/),7 AGREEUCC, TXTCIIISV Revision *6, 7/].6/90 Attest: city clerk HALI,ANDAIE CHAMBER OF COI.{I.IERCE Attest: By 10 I I e::- P*1:E. ti33.i/> 3/"" A r/ ; r6',3e:+:53 F P,lt4 6BOOO E O AGREETlEI{T EEMENT made ond entered into ttris lJ oeg of et\Yeen the HALLANDALE CHANBER OFherein6fter0 0s the "CHAnEER' ond John J. Brickmon/Rog , hereinofter referred to as '8RtCKt1Afl/T0|1CZAK-. IiITHESSEiH: {f rg ano re?erred t b WHEREAS, the porties her8to v/ish to enter into a contilct lyherebuErickmon/Tomczlk yrill tske control of ond ossume the responstUilitg for0 bench project of the Chomber, guorantseing the Chomber o parcentlge oftha profits.for thair spo'nsoring the bench priiect, ona,- - ' t{0W THEREFgRE, for ond in considerat.lon of tAe mutudl covlnantsheretn conratne(, the por es ogree.E6ch wiur Ure Ltheiis Liiorr., l. The Chomber herebg t0nstitute snd Eppoint grickmEn/Tomczok 0sthoir ogent to assume o risponsib itg for if," Cnon Oei i.nch project, ond doterebg outhorize grickmon/Iomizok to oct os its ogeni in the soidEerch Project. subject to tcrms ond condrt'ns 6s hereinofter set';;iir-this ogreement. -,^^.I1.-l:rm Bench project as used herein sho geners g consist ofprEcrng ben-ches throughout the territory he.reinofier desc;bed, upon lyhichbenches \yill be offix8d odvertising sign's ttrot i,orc Uuan,ofO Ug Erickman/Tomczok. These benches snott be_placid throughout ttre tem1ory, os nere_lnafter set out,6nd tn the ctse 0r uencnes set-oui in in, ciigir HEIIlndoleIt ls hen bg agreed bg the Chomber thot theg nove oUtuineJ p-rnlissionfrom the Citg to plocE benches throughout t-na Crtg.-in iilJr.n,,notBrickmon/fems20k experience.dtfricirtg in opr*iing ti; b.iih proJect,the Chomber yrill cooperste Hith 6nd *Ii"t A.i"iriin*..0t f n .r.rg1y0g possible to conunue their operouon of the bench groject. tf !t 6ng . .tima-, due to the opposit,on of the citu or noilonoore, eriii-rinaor..ok r.unable to operote the bench project in tne cttg or noironJoie, inen it i"herebg ogreed bg 6nd betryeen tne portes r,e"rio t ot tne ir-rffi o, tt i,controct sholl bscomo null and eoid ond of no furtner forci-io. arra",,except tI6t onu 0ccount o8usble occrued bg Brickmon/T0mczak Ug virtueof their cAerotion of the beictr rBnckmon/Tomczok. proiect shlll remain due ono pogoble bg .. 2. Erickm8n/Tomczsk hereDg 6gree to driigenilg EppiU themselves tothe sote !f 0dver..i-srng spEce on t-ne ienches i, i;;';r.';;:r;r.rtr. ,rtcut, 6n0 Srickmo4/'iomc:ok rrd.her !glg_q_lh6t tnr,J .huti'b. ;;.0rr.,0," l I I I l e::- t 6 '9€ t 4. 54 FRO:'1 AOOOABB F,i6E. eB.r J. lt is further understood End agreed that the term 0f this agree_ ment shEll be for s period of fiv8 (S) gears frcm date 0f this contnrct, otthe end of ryhich term ths por es hereto shall hove 0n 0p on to renew ior 0n eddluon0l five (5) geors, lut the soid parties mog if theg lyish, renego_tiate this csntroct yrith 0 '/ier,r t'\ysrds entering lnto o sim-iior agreemintfor 0 similor per10d of ume, ond should the Chamber 0t ong time nithin 0psri0d of six (6i months, subsequent to the expiration of tiis ogreement,Enter lnto 0 coBtrsct with ongone else other t"han Brlckman/Iomczat<, then ond fn the event Bricrffion/Tomczok shon haye the rlght 0f first refusor tomeet the terms snd condi ons of sold contract. Thsi ln the gyent tllsc0ntract is not reneyrBd then Brickmon/Tomczs,( sholl hove !.peri0d 0f ong(l) gear from the enrl of this contr0ct to remove from the !re! describedherein oll benches set out to which he has ufl8 or thot soid benches mog be sold to the Chomber ot 0 negou0ted price b8treen the tlyo p0rtres. 4. Brickmsn/Tomcz6k furtlgr sgree to cErru ot tieir own expense,' publlc llabilitg insurance on oll ospeits of tna oe-ncn prorect, yrith 0minimum coversge 0f tl0O,00O.OO per person ond $goo,Obo.Oo for eochoccident, and t25,000.00 for propertg damage, lyrth 0n oggregot8 0f 125,000.00. The 6f0rementioned insuronce coyenrge stroiibe'for tha pre- tection of the porties hereto ond for the Citg of HollondaiE, ond sholl pro_tect these gersons from oll lilbilitg bg reoson of the operou0n of the!. bench prorect. -2- for th8 msintenace ond repair 6nd for the locotisn 6nd relocltion 0f !11 benches pllced throughout the teritorg herein set out End t0 lyhich ti eto said benches shall remain in the nome of Erickm6n/Tomcz8k. 6. All benches sil8n be identified bg A CHAI1BER 0F CBtItlERCE PRTUECT snd phone numDsr. 5. Erickmln/Tomczok fudher 0gree that the benchEs noly locoted intne territorytescribed herBin, ond those which mog hereofter be iBtalled _bg Erickman/Tomczsk sholl bs polnted green antl whtte ond onu such ad_yertising slgns sholl be o moximum of twetve 02) sguore feet and shall b!constructed of mosonite or plgwood yrith oll i.llustrations, coloB, designs,6rroy/s, chEr8cters, letters or other ports 0f the 6dver si;g plsced therc_ln. 7. Th6t the 0re0 to be servicec bg Erickmon/Tomceok os herein con_cerned lyill be the Citg Ltmits of Ho ondole. 8. Erickmon/Tomczok further ogree th6t no odvsrtising signs yrill corry Engthing hoving to d0 ryith potitics nor shc ong adveiising signclrrg ongthing t0 do rlti liquor or beer. . . ?: AnU cost of licensEs, germits, or other approvsls 0s is nEcessoruis of the expense of grickrnon/Tomczak. 10. This ogreement sholl be bindlng and Edher t0 the benefit of the .pBrson0l represent0uyes, successors, hiirs ond essigns of the p6r esherato, Il. Brickmon/Tomczak further sgree to render to the Chamuer 0 goodond accurote occount 0f 6ll benches iold ouring $re contiocfienn-Brtckman/Tomczok shon render 0 report soch;#th;;"G; \rhom theb^enches. were sotd, together lyfth.the omounts due'to the Ch;;ber bg theloth 0f the month foltowing thot 6ench .d"",1r;g ;;;;;.1" 12 Brickmon/Tomczok ogree to puC u,. folloyring: lsL Yeor 2nd. Year srd. Yeor 4t[ Yecr sth. Yeor f73.00 $73.00 $74.00 974. 00 $75.00 Reneyr ot opUon$76. oo per hench sold per gelr per bench sold per geor per bench sold per gear per bench sold per geor per bench sold per geor ger bench sold ger geor Ang business thot refuses to plg for odyertislng 0r goes out o,Duslness wlll consutute an odJustmint of pogments'Oue"tna Chamber bg' using the r0ti0 of rnoniee co ected. .' .,. e-:- t--- R l6'SO lr:55 FRO EAOOOOa -4- lN IiITHESS |/HEREoF the portles h6ve hereto set their honds and seols the dog ond Uear first 0b0ve \Yritten. HALLAND CHAMEER OF COHMERC! FEGE. OOE ATTEST: RAY BRICK i I ! I I i I I I I I I , ; I I I I I I i TIIIS PIRSI .AIIEIIDI{ENA to the Agreenent dated th€ 23rd day oflranuary, 1989, le Dade and entered into this 2y' aay of April,1.990, by and between the EAIIANDAIE CEAMBER Op(hereinafter refeEed to as th6 .ChaDbeli), and BRfCKUAN/RAY TOI{CZAX, (nerernaiEe! leterred 'Bricknan/ToEczak. ) i I'TT!IESSBTH couuBRCE, aroEr! iI. to ag WHEREAS, the ChaDber and Brlcknan/toDczak enteled Into an.tgreement on tho 23rd day of January , Lggg, a copy of Hhich Lsattach€d hereto as Exhiblt A, and I{IIEREIS, the parties hereto underatand, acknosledge ard. agreethat BrLcl@.n,/Touczal whLl6 acting as the agent of the ChaDber hasag:ceed to aaauE€ aU of the duti€a, obllgatlona andresPonsl.bLllties underla]ren b!, th€ ChaDber In connectlol yith th6 ChaEbe!, a aeparatE .tgree&ent wlth the Cr.ty of Eallandal€i and IiHEREAS, tfrg partf ,ee h€reto und€rstaad, acknowledge and agre6that attached .Exhlblt. A .does not by lta tetla cl.early aDdco[pletely Lupoae upon Brlc*Da!./Tonczak each arrd av6!y dut], and'leEponalbLtlty requlted to b€ p€rforred ln accoldance vlth theAgteeoent between the Chaab€! a[d th€ Clty of Eallanda].€, fto!1da; WIiEREAS, the partles hereto deem Lt to b€ In tbei! Eutual bestLnterest to ente! lnto th18 pirst .lE€ndment for the pulposeclarlfylng the dutLea, obllgatLona and leaponstbr.lLtlea B!1cl@an./tonczak In connectlott wlth the operatlon, control Daiatenance of the ChaEber B€nch projacti and NOW, IEEREPORE, in conslderation of the nutual pronises contar.ned herein, and other good and varuabl€ consid.€latlon,theparties agree aE follows s l. Al.I of the I{IIEREaS clauses incorporated by reference lrithin this of of and enuaeratad above are heleby Palag?aph 1 as lf each and I I l i i I I €very of said IIEEREAS claue€s rre!6 repeated i.n theL! entiraty. 2' palagraph 1 .f, attached Exhibit A r.3 hereby uo.r,fled and anended to lndicate ttrat in additlon to th€ fact that the ClnnberLs authorlzing Brlctoa!/Tonczak to act as lts agent,Brlchan/Torczak ls aqreeing, durLng th6 teE of aaid AgreeEent,to act as the excluEive ag6nt of the Chanber fn conae"lfon with allaspects of the Chanber Bench project. . , '- 3. Ibe parlies hsr€to understand, acknot ledge and agEe€ and BrlcloAn/T@czak expleaaly agreea to aaaumE all of the dutl6E, responsibill.tLea and obligatlons LEt os€d upon the Chaob€, \r wircueof the Chaobe!, s agEe€nent with the City of EalLandale, llortda. A copy of Baid Bricloan./Tomczak Agre€ment i8 attached heleto a8 E:htblt specifically acknowledgeE and undertakea , Ples _---RAY B. theduties and re'lron.ibr.rltr.es and obllgatr.ona en.Delated Ln attachedExhlbit B and specifically agrees to be prl.nclpaUy obll.gated withteapect to thg perfomance of aa[e Ln accordance t,Lth the enumeration of sald duttes, obll.gatlona and lesponalblutl.es w-ltbl'! the te: a aad ployislons coltaLned Ltr Exhlblt B. 4. Except a6 Eodifl'€d ylthLn th1a llrst .eEendDeEt, thepartl.eE bereto-understand, actnorledge atrd agEee thlt all of theother terI8, cov€naDta'and provtaLona contalned ,1tLh attach€d Exhi"blt A ale hereby rattfied and reafflrred la thetr entflehr. I}I iETIIESS $EEREOE, th6 partles hav€ hereunto ret thet! hands and seal8 the day and date fkat abowe w,fitten. Ilitnesa ! EALIANDALB CEAI|BER Of COUUERCE By:d i i I l I I II I 2 e:-; b Isecond AroendEent ToAgree ent dated APril 24, l9a9between gallandale chaEber of coEEerce andBricliaan/ToEczak Tbi-s- Second AmendDent Dade and entered into this /6 aay ofAAO. , 1990, bv and between the Harl.andale chaubrcr o-f coE[erce and EEi-u---ctcuaiTtonciak- shall aeend the terios and conditions of the AqrreeDent dated April 24t L9a9 as f,oLlolts: Delete frou Page 1, Iine 4, the lrords: rrand JoHN J. BRfCXMAN/RAY TouczAX (hereinafter referred ta asItBriclqan/ToBczak'r ) i and Add the sords: and Jobn J. Bricloan/Ray ToDczak. also knoran as Bob-Ray, Inc.,doing business as Jaycee Bus Bencb AdverEising (hereinafterreferred to as 'rBricloan/ToEczakn) i In t Ltness wbeieof, the parties hereto set their hands and seals this /o a"y "r 4116 .) 1990. BRI Ccr-,vr-ul- V,Cr^ot, S {U i I I l I EATIANDAI,E CHAI{BER OF COI{I.IERCE TABLE OI. COtV:rEMrS I. INTRODUCTION 1. Purpose 2. General Background 3. Where to Submit Proposal II. PROPOSAL CONDITIONS 1. Operational Concepts2. Manner of Operation3. Performance Bond and lnsurance4. Non-Discrimination III. SPECIFICATIONS PAGE 6 6 6 7 7 7 7I 10 11 12 12 13 13 't3 15 15 15 16 16 17 't7 18 '18 21 21 22 1 2 3 4 4 4 5 5 6 1. 2. 3. 4. 5. 6. 7. 8. L 10. 11. 12. 13. 14. '15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Effective Date Real Property Structures Term Hours of Operation Security Deposit Construction By The Lessee Rent Destruction or Damage Care, Maintenance and Repair Water Damage Utilities Solid Waste Access lnsurance City Liability Lessee Liability No Assignment or Subletting Rights of Entry Reserved Taxes Obligations of the Lessee Signs Additional Rent and Charges Events Constituting Default Notices Uses Allowed the Lessee Place of Payments d"q,/-it-?t #/,/e REQIIEST FOR PROPOSAIS FOR THE CITY OF DANIIA FISHING PIER RESTAURAI\]II CITY OF DANIA FISHING PIER RESTAURANT 3OO NORTH BEACH ROAD DANIA, FLORIDA 33004 The City of Dania is actively seeking a qualified firm to develop, operate and maintain a quality food and beverage service at the Dania Fishing pier Restaurant. Minimum standards for operating the restaurant under a Lease Agreement with the City of Dania have been outlined in this "Request for Proposal." The City reserves the right to issue addendums to these specifications for a period of twenty (20) days from the distribution date of this Request for Proposal. The City of Dania wishes such improvements to keep within the overall beach decor in design characteristics, architectural concept and the likelihood of obtaining all necessary permits. site visitations may be scheduled by contacting Timothy Tapp, parks & Recreation Director, at (305) 921-8700 ert. 235. Further information may be received ftom Robert Flatley, City Manager, at (305) 921-8700 exl.201. Msitations are encouraged. No information may be relied upon except that which is reduced to writing and supplied to all Proposers. I. INTRODUCTION A. Purpose: The City of Dania, Florida, is requesting proposals for the development and operation of the Dania Fishing Pier Restaurant, located on Dania Beach, 300 North Beach Road, Dania, Florida. Proposers are urged to personally inspect the present facility, confer with the Department of Parks & Recreation to obtain any other available specffic information on the precise location of the restaurant, and to inquire as to the reconstruction of the City of Dania Fishing Pier. Sealed bid proposals are due by 4:00 p.m. local time on the 26th day of April 1994, in the City Clerk's Office at the City of Dania, 100 W. Dania Beach Blvd., Dania, Florida. The proposals shall be publicly opened and read aloud by the city clerk in the city commission Chambers at 4:00 p.m. on that day. During the regularly scheduled City Commission Meeting 1 28. Parking Lot 29. Headings 30. Entire Agreement 3'1. Parking Meter Change 32. City's Right to Terminate Lease Agreement 33. Personal Guaranty 34. Locks35. Environmental and Pollution 22 22 22 22 23 25 26 26 IV. OPENING, WTHDRAWAL, REJECTION OF PROPOSALS 26 CONSIDERATION FOR AWARD OUALIFICATION FORM BID PROPOSAL 27 29 34 V. vt. vil. I lntemal Revenue Service revenue procedure 93-19 relating to the operation of facilities financed with tax exempt bonds. Bidders must provide the information as requested in this Request for proposal. C. Wtrere to submit Proposal: All proposals must be submitted with eight (8) copies. All information should be in a sealed envelope, bearing on the outside the words "Dania Fishing Pier Restaurant Proposal". This should be submitted to the City Clerk's Office at City Hall, 100 W. Dania Beach Blvd., Dania, Florida 33004. 3 at 8:00 p.m. on April 26th, the proposals will be introduced to the City Commission and the public. B. General Background of Facility and Nature of Requests for Proposals: SITE CHARACTERISTICS - Dania Beach Park is a 26.5 acre beachfront park owned by the City of Dania. lt is located north of Dania Beach Boulevard and east of A1A and contains over '1300 feet of ocean frontage. Adequate parking is available and upgraded picnic facilities, restroom facilities, lighting, and landscaping are cunently being installed. The existing 830 foot pier is closed, however, the City has let a contract for the construction of an entirely new pier. The City is also bringing full water and sewer services to the site. The City is seeking proposals that will involve capital improvements, (to include restaurant and baitshop construction, fumishings affixed to the premises, and food preparation equipment affixed to the premises) to the facility. The City will review these proposals as to the overall best interest of the City and its citizens and pursuant to the criteria set forth herein. This facility is intended to serve beachgoers, fishermen, tourists and casual visitors to the area. The restaurant and its immediate sunoundings and proposed rental are important considerations to the City of Dania. Other concems include background of the bidder, the nature and quality ofthe proposed food and beverage service, the proposed design ofthe facility and qualification of proposers. The City will consider proposals which include the sale of alcoholic beverages within the restaurant. The proposer, should include in the proposal the development and operation of the bait shop and other retail operations and the lease the operation of the fishing pier on behalf of the City. lt is understood that the City reserves the right to operate the pier itself, and in the event the proposer includes the fishing pier operation in the proposal that any contract relating to any such operation must meet the requirements of 2 area, at reasonably comparable prices. All personnel shall be courteous to the public and patrons. No other business shall be conducted on the premises other than the operation of a restaurant, baitshop and associated operations. 3. Performance Bond and lnsurance: The successful proposer shall provide a performance bond in the full amount of the contemplated improvements to assure completion of improvements and payment of all laborers and materialmen, the successful proposer shall also provide evidence of full liability, property and other insurance as specified herein. 4. Non-Discrimination: A. LESSEE shall for itself, its personal representatives, successors in interest, and assigns, as part ofthe consideration hereof, covenant and agree that: 1. No person on the ground of race, color, religion, national origin, sex, age or handicap shall be excluded from participation in, be denied the beneftts of, or be otheruvise subjected to discrimination in the use of said facility, except for bona fide causes allowed by law. 2. That in the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the ground of race, color, religion, national origin, sex, age or handicap shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, except for bona fide causes allowed by law. 3. lt shall comply with all applicable laws relating to minority or disadvantaged contractors. B. LESSEE shall not discriminate against an employee or applicant for employment or vendor subcontractor or other person or entig needed for the provision of supplies, material or labor because of age, sex or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, color, religion, national origin, or ancestry. 5 II. PROPOSAL CONDITIONS 1. Ooerational and Design Conceots: Proposers shall be responsible for the design, construction, maintenance and operation of the restaurant, and all proposals should incorporate a design suitable and cost effective for their operational and design concepts and specifically the proposed nature of the restaurant, including the type of food to be served, hours of operation, nature of service and implementation of the proposed food and beverage service and the design of the proposed customer service area. Proposer's overall design should blend with the fishing pier and the beach. Proposer's concept shall be designed so as to provide reasonable assurance that it will receive approval from various state regulatory bodies (Department of Natural Resources, etc.) and that such construction along the coast line will be permitted. Additional information may be obtained by contacting: The Department of Natural Resources 3900 Commonwealth Boulevard Mail Station 310 Tallahassee, Florida 32399 (90/.) 487-2203 The proposer shall provide the CITY with renditions, drawings and plans of sufficient details to accurately depict the eventual interior and exterior design (including signage) and appearance the restaurant so that each design and proposal can be thoroughly evaluated. These renditions, drawings and plans shall become part of the Lease should the proposal be accepted; provided that the CITY shall have the right to require minor modifications to the design, materials and signage of the restaurant facility and to require changes in color scheme 2. Manner of ooeration: LESSEE shall keep the eating facilities reasonably stocked and reasonably staffed to serve the patrons thereoi and LESSEE shall maintain a standard of quality food and beverage service, and cleanliness of premises at least equal to similar operations in the 4 4. TERM: The term of this agreement shall commence upon date of approval of this agreement by the city commission. The term shall continue for _ years , plus any option renewal periods exercised unless terminated sooner as provided herein. 5. HOURS OF OPERATION: Lessee shall keep the restaurant open for business a minimum of eight (8) hours per day and seven days per week. 6. SECURITY DEPOSIT: Lessee shall deposit an amount equal to three (3) months rent with the City to guarantee performance under the terms of this agreement. Failure by Lessee to fully perform the covenants of this agreement shall forfeit said amount to the City as liquidated damages. Said deposit shall be refunded at termination of lease if performance has been acceptable to the City. 7. CONSTRUCTION BY THE LESSEE: Plans and specifications shall be submitted to the Growth Management Department of the City of Dania, whereupon the plans and specifications shall be considered by the growth management department of the city which department shall make a recommendation to the City commission regarding the proposed construction. Upon approval by the Cig commission, the plans and specifications shall be processed in accordance with the established City procedures for the issuance of building permits. Any approval of such construction by the City shall be upon such terms and conditions as the City may deem appropriate. All construction, including the footprint of the building, shall be subject to the approval of the City as to design, use and type of construction and must meet all of the requirements of the applicable building code. The City may in the future authorize construction by the Lessee such additional structures and facilities upon the leased premises as the City may, in its sole discretion, deem to be in the public interest. ln the event any construction not specifically authorized herein, is done by the Lessee without the approval of the City the City may require the 7 III. SPECIFICATIONS. AGREEMENT THIS AGREEMENT is entered into this - day of between the CITY OF DANIA (hereinafter referred to as "City"), and Florida corporation, (hereinafter refened to as "Lessee"). , 1994 by and a WHEREAS, based upon the commitments of the Lessee, the City has determined that it is in the best interest of the City of Dania to enter into a Lease Agreement; now, therefore: lN coNSIDERATION of the covenants and agreements herein contained and of the payment of monies as hereinafter set forth, the parties hereto mutually agree as follows: 1. EFFECTIVE DATE: This lease shall exist between the City and Lessee, its successors and assigns, and its terms and conditions shall become effective after Lessee has obtained all governmental authorizations and permits of any kind or nature necessary to operate a restaurant enterprise, except that all authorizations and permits shall be obtained no later than 2. REAL PROPERTY: The City hereby lets to the Lessee and the Lessee hereby hires and lets from the City the following described real property: The site adjacent to the City of Dania Fishing Pier located at 300 North Beach Road, Dania Beach consisting of approximately 6200 square feet adjacent to the pier. 3. STRUCTURES: ln addition to the real property as described in paragraph 2, the city agrees to let and Lessee agrees to hire and let, the structures located on the real property described in paragraph 2 of the agreement including all of the pipes, sinks and plumbing fixtures which are appurtenant to the leased facility as well as all exterior lighting and the connections to the exterior lighting. 6 this provision of this lease. Should any such lien be filed, lessee shall discharge the same by paying the same or by filing a bond or otheruise as permitted by law. 8. RENT: The partles agree that the rental to be paid by Lessee shall be monthly in the amount set forth below: Commencing with the date of receipt of the permanent certificate of occupancy for the leased premises and continuing for 180 days following such date the rental shall be $25.000.00. Thereafter $per year commencing on the 181 day of such date of receipt of such permanent certificate of occupancy and continuing forthe remainder of the term of the Lease Agreement and any renewal or extension thereof. The rental set forth above shall be adjusted annually during the term ofthe Lease Agreement and any renewal or extension thereof to reflect changes in the Producer Price lndex for Finished Goods published by the Bureau of Labor Statistics of the United States Department of Labor, from December 31 of the year in which such permanent certificate of occupancy is received. lf the Lessee neglects to make any payment to the City within thirty (30) days after the day on which the payment is due and owing, the Lessee shall pay to the C'tty for such privilege an additional charge of one hundred fiffy dollars ($150.00) per day for each day's delay in payment, retroactive to and beginning with the first day of the month. Notwithstanding any other terms and conditions, the City shall comply with all legal notices and proceedings in accordance with Florida Statutes. Further on the first day of the month following the month in which the delinquency occuned, the rental due for that month as well as the minimum rental for the next succeeding month will be due and payable. ln the case of "a percentage of gross rental" being proposed over and above the minimum rent, the proposer must provide the City with an accurate monthly accounting of all receipts and all sales must be recorded at point of sale in a cash register receipting system suitable to the City 9 Lessee, at the City's option, to remove the same or cause the same to be changed to conform with the original design and type of construction. ln the event the Lessee fails to commence removal or change within forty-five (45) days from written notice by the City, the City may effect removal or change and the cost thereof shall be borne by and be the responsibility of the Lessee. Prior to undertaking any construction, Lessee shall provide the City with a performance bond equal to the estimated construction costs of the improvements so as to adequately satisfy the City that all improvements be completed and fully paid for free of liens. The Lessee agrees to hold the City harmless from any claim of lien (or claim of any surety bond), by any contractor, sub-contractor, material provider or other person or firm or corporation whatever and the Lessee further agrees to hold the City harmless and to reimburse the City for all costs including costs of defense, attomeys fees and other expenses in connection with any claim of whatsoever kind, whenever the same may be presented, arising out of any construction whatever in connection with this lease agreement. All of the improvements of this agreement and any other buildings or structures constructed by the Lessee or his agents or assigns on the real property described in Section 2 and all alterations, improvements, changes or additions made in or to the leased premises shall be the property of City and Lessee shall have only a leasehold interest therein, subject to the terms of this lease. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the city in and to the land and improvements covered by this lease, and that no person shall ever be entitled to any lien directly or indirectly derived through or under it or its agents or servants, or on account of any act or omission of said Lessee, which lien shall be superior to the lien of this lease reserved to the City upon the leased premises. All persons contracting with said lessee or fumishing materials or labor to said lessee or its agent or servants, as well as all persons whomsoever shall be bound by 8 lf the reduction in net revenue due to damage to the leased premises is greater than fifty percent (50%) in the months after the damage to the leased premises occurs, the Lessee shall have the option to cancel this lease. ln the event of total destruction of the leased premises, the City shall be under no obligation to rebuild it and said rent to be reduced accordingly. tt in tact Lessee determines and wishes to continue operation of the leased premises, the monthly rental shall be reduced in accordance with the formula set forth herein. ln the event of any controversy arising as to the proper adjustment for rental payment as herein provided, the Lessee shall continue paying under the last preceding rental adjustment as herein provided, until such time as said controversy has been settled. 10. CARE. MAINTENANCE AND REPAIR: The Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve the City from all responsibillty for all repair and maintenance and costs whatsoever on leased premises, except for the exceptions listed as follows, said responsibility for the care, maintenance and repair by Lessee shall not commence until the time period as set forth in Paragraph t herein of this agreement in accordance with the commencement of the payment of rent. A. The Lessee shall be responsible for maintenance and repair of all eleclric power service, including the cost of electricity. The City shall be responsible for and maintain fresh water supply lines, sewer lines and drain lines to the property. All of the salt water system will be the responsibility of the Lessee. B. The Lessee's duty to maintain shall include, but not be limited to, the following areas: (a) To keep in clean and orderly condition and appearance the decking and railings as well as any of the interior fixtures, equipment and personal proper$ which are located in any parts of the leased facilities which are open to or visible by the general public. 11 to include a computerized direct line to the City's administrative ofiices at the proposers cost. The City reserves the right to require an annual Certified Public Accountant's Audit to determine gross receipts at the cost of the Lessee. Lessee shall fumish City copies of monthly Florida Sales Tax Retums which are to be timely filed with the Florida Department of Revenue. The City's right to assess the penalties for payment made later than the day upon which such payment is due, shall be in addition to its right to terminate the lease in the event a rental payment is due and owing for more than thirty (30) days. The prompt payment of the rent for the leased premises described in Paragraph 2 of this lease upon the time specified is a primary condition upon which this lease is made and accepted and any failure on the part of the Lessee to comply with that condition shall, at the option of the City, be deemed a forfeiture of this contract. The City shall comply with all legal notices and proceedings in accordance with Florida Statutes. 9. DESTRUCTION OR DAMAGE: ln the event of destruction or damage to any portion of the leased premises due to hurricane or storm, fire, elements, the public enemy, riot, or other casualty, the City shall remove all debris resulting from such damage from the leased premises. lf the destruction or damage is caused by negligence of the Lessee, fire from electrical lines or appliances under the jurisdiction of the Lessee, acts by Lessee's employees, sub-tenants or patrons of the leased premises, then the Lessee shall remove all debris and make all necessary repairs promptly to bring the structure up to the specifications contemplated by this lease. The Lessee shall next decide whether all or a portion of the leased premises is still functional and if the City concurs that all or a portion of the leased premises is still functional and poses no threat to the safety of the public, then the rental payment owing to the City shall be decreased by the same percentage that Lessee's net revenues will be reduced as a result of loss of revenue from the destroyed or damaged portion of the leased premises. 10 premises, including the restaurant, baitshop and restrooms. The Lessee shall pay for the utilities directly to the respective utility companies. lf the Lessee or any sublessee neglects to pay any charges for utilities or services when the same become due and payable, then the City may consider the Lessee to be in default of this lease agreement and may institute those remedies prescribed in paragraph 24 4.5. 13. SOLIDWASTE: Lesseeagreestoprovideforthepick-upandremoval ofall garbage, debris and solid waste materials which are generated by patrons and customers of the leased premises. The Lessee shall place all garbage and solid waste into plastic bags and be subject to the City's ordinance regarding solid waste removal. 14. ACCESS: Lessee shall cooperate with City where City may desire to sponsor an event which may result in a temporary delay in the flow of traffic to the leased premises which will not deny access to the parking lot. 15. INSURANCE: The Lessee shall during the term of this lease insure and keep insured to the extent of not less than one hundred percent (100%) of the replacement cash value of all buildings, structures, fixtures and equipment on the premises leased to the Lessee against such hazards and risks as may now or in the future be included underthe Standard Form of Fire and Extended Coverage lnsurance Policy of the State of Florida and also against the following hazards and risk. The Lessee covenants and agrees to provide and keep in force and effect comprehensive general public liability and property damage insurance to include independent contractors. Such comprehensive general liability coverage shall not be less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage insurance, holding harmless and indemnifying the Lessee and the City as their interests may appear against public 13 (b) The Lessee shall keep the decking of the leased premises free and clear of any objects or impediments which may be discarded or left behind by either patrons or employees of the lessee and to prevent any hazardous conditions from existing on the decking due to the location of any items left situated on the decking. (c) Lessee agrees to promptly notiry City and all proper utilities of any damaged utility service lines including, but not limited to service lines for the supply of water, gas service lines, electric power and telephone conduits and lines which service any buildings or structures which are a part of the leased facilities. (d) To maintain and clean any grease traps which are located on the premises. (e) To maintain and keep in sanitary condition the restrooms and to be responsible for any repairs including plumbing and electrical which are necessitated within such restaurant restrooms. c. The Lessee shall keep the public restrooms on the leased premises open during regular business hours each day for use by the public generally and the Lessee shall not have the right to restrict the use of said public restrooms to patrons of the restaurant only. 11. WATER DAMAGE: lt is expressly agreed and understood by and between the parties to this agreement, that the City shall not be liable for any damage or injury by water which may be sustained by the Lessee or any SubJessee or for any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any other tenant or agents, or employees, or by reason ofthe breakage, leakage, or obstruction of the water sewer or swell pipes, or other leakage in or about the said building. 12. UTILITIES: ln addition to the compensation to be paid the City above mentioned, the Lessee shall pay for all utilities used or consumed in connection with the operation of the leased 12 All contracts entered into by the Lessee shall be subject to review by the City of Dania in order to determine that the city shall incur no liability not adequately covered by insurance and all contracts pursuant to this paragraph shall be submitted to the City prior to being entered into by the Lessee. 16. CITY LIABILITY: The City in agreeing to the responsibilities outlined in Paragraph 10 of this lease agrees to defend the Lessee and hold it harmless from any claim arising out of any injury or damage to persons or property described in Paragraph 2 of this agreement caused by any act or omission of act of any City employee, or occuning on account of any wrongful breach of this lease agreement by the City. 17. LESSEE LIABILITY: The Lessee assumes all risks in the operation of the leased facilities described in Paragraph 2 & 3 of this lease agreement. The Lessee agrees that it shall be solely responsible and answerable in damages for all accidents or injuries to persons or property occuning on the leased premises and hereby covenants and agrees to indemniff and save harmless the City and its ofiicers and employees from any and all claims, suits, losses, damage or injury to personal property or life and limb of whatsoever kind and nature, whether direct or indirect, arising out of the operation of said leased premises or the carelessness, negligence or improper conduct of the Lessee or any agent, servant, employee contractor and supplier, which responsibility shall not be limited to the insurance coverage herein provided exclusive of any areas which are maintained by the Cig. 18. NO ASSIGNMENT OR SUBLETTING: The Lessee is not permitted to assign, transfer, convey, sublet or otherwise dispose of this agreement or of this right, title or interest therein, or the power to execute this agreement to any other person, company or corporation without the previous written consent of the City Commission which consent will not be unreasonably withheld; that neither said agreement nor the rights therein granted shall be assignable or transferable by 15 liability and property damage claims and to furnish the City at all times with an appropriate certificate from the insurance canier showing such insurance to be in force. It is further understood and agreed that the Lessee or his agents shall carry product liability and completed operations coverage with a combined single limit for bodily injury and property damage of One Million Dollars ($1,000,000.00). All policies of such insurance and renewals thereof shall insure the City and the Lessee as their interests may appear. The aforesaid insurance shall be written by companies authorized to do business in the State of Florida, and listed in "Best's lnsurance Guide", or a comparable publication in the event of the discontinuance of publishing "Best's" said insurance company having a minimum rating in "Best's" of "A 10". The policies or certificates representing such insurance shall be delivered by the Lessee to the City and each policy or certificate delivered shall bear the endorsement of or be accompanied by evidence of payment of the premium thereon and also an endorsement obligating the insurance company to fumish the City thirty (30) days notice in advance of the cancellation of the insurance evidenced by said policy or certificate. Renewal policies or certificates shall be delivered to the City at least thirty (30) days before the expiration of the insurance which such policies are to renew. When such policies or certificates have been delivered by the Lessee to the City as aforesaid and at any time or times thereafter, the City may notify the Lessee in writing that the insurance represented thereby does not conform to the provisions of this paragraph either because of the amount or because of the insurance company orfor any other reason, and Lessee shall have thirty (30) days in which to cure the defect. Failure to cure such defect within thirty (30) days shall constitute a breach of this agreement by the Lessee, entitling the City to all remedies occasioned by default. 14 21. OBLIGATIONS OF THE LESSEE: A. Lessee shall purchase merchandise and fresh food for sale which merchandise and food is of a quality generally accepted in the market place as acceptable for purchase and complies with the standards of all applicable regulatory agencies. Merchandise and fresh food shall be purchased through insured, bonded suppliers. B. The Lessee shall conduct its operation hereunder in an orderly and proper manner, considering the nature of such operations and shall comply with all ordinances of the City. ln addition, the Lessee must operate for the use and benefit of, and service to the public without imposing excessive or unjust or abnormal requirements on customers, guests and invitees. C. The Lessee shall commit no lawful nuisance, waste or injury on the premises and shall not do or permit to be done anything which may result in the creation or commission or maintenance of such nuisance, waste or injury on the premises. D. The Lessee shall comply with all laws, ordinances, rules, regulations and orders of the City and any other governmental entity having jurisdiction now in force or enacted at any time during the term of the lease which as a matter of law are applicable to or which affect the operation of the Lessee of the leased property. The obligations of the Lessee to comply with govemmental requirements is provided herein for the purposes of assuring property safeguards for the protection of persons and property on the premises. Such provision is not to be construed as a submission by the City to application to itself of such requirements of regulations. 22. SIGNS: That the Lessee shall not erect, maintain or display any signs, flags or any advertising at or on the exterior property being leased in this lease agreement that are in conflict with the applicable City ordinances pertaining to said property. 17 any process or proceedings in court, or by judgment, execution, proceedings, insolvency, or bankruptcy, either voluntary or involuntary, or receivership proceedings, and in the event of the insolvency or bankruptcy, either voluntary or involuntary, of the Lessee, the City may, at its option, terminate and cancel this agreement upon ten (10) days written notice, in which event all rights of the Lessee hereunder shall immediately cease and terminate and it, or its representatives, shall immediately deliver up possession to the City. lf the Lessee, shall, without the previous written consent specified in the first paragraph of this section, assign, transfer, convey, sublet or otherwise dispose of the same, of his right, title or interest therein, or the power to execute this agreement, to any other person, company or corporation, the City may revoke and annul this agreement, and the City shall be relieved and discharged from any and all liability and obligation arising out of said agreement to such Lessee and to the person, company or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same. 19. RIGHTS OF ENTRY RESERVED: The City, by its officers, agents, employees, representatives and contractors shall have the right at all reasonable times to enter upon the premises for the purpose of inspecting the same, for observing the performance by Lessee of its obligations under this agreement for auditing business procedures and for doing any act or thing which the City may be obligated or have the right to do under this agreement, or othenrvise as long as said inspection or visit does not interfere with the normal business of the Lessee. 20. TAXES: Lessee shall be responsible to pay all real and personal ad valorem taxes and other taxes which are now and may be hereafter levied by any govemmental unit or agency having the authority to levy such taxes, upon any of the real property described in this lease, or any of the business operations conducted by the Lessee upon the real property described in this lease agreement. 16 which it is due, then City shall be entitled to avail itself of the remedy for default as provided in Paragraph 8 of this lease agreement; or 4. lf the Lessee shall fail to keep, perform and observe each and every other promise, covenant and agreement set forth in this agreement on its part to be kept, performed or observed within thirty (30) days after receipt of notice of non- compliance thereunder from the City except where fulfillment of its obligation requires activity over a period of time and the Lessee shall have commenced to perform whatever may be required for fulfillment within thirty (30) days after receipt of notice and continue such performances without interruption and except where fulfillment is prevented by causes beyond its control and except as otherwise provided herein. 5. Upon the occunence of any such event except the event prescribed in subparagraph 3 of this section or at any time thereafter during the continuance thereof, the City, by thirty (30) days written notice, may terminate the rights of the Lessee hereunder and his letting, such termination to be effective upon the date specified in such notice. Upon the date specified in the notice, the City, its agents or attomeys, shall have the right to enter any of the areas described in Paragraphs 2 & 3 and remove all persons therefrom forcibly or otherwise and the Lessee hereby expressly waives any further notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of the property leased. Such right of termination and the exercise thereof shall be and operate as a conditional limitation. The City shall comply with all Florida Statutes pertaining to re-entry and notice. 19 23. ADDITIONAL RENT AND CHARGES: tf the City is legally required or elects to pay any sum or incurs any obligations or expenses by reason of the failure, neglect or refusal of the Lessee to perform or fulfill any one or more of the conditions, covenants or agreements contained in this agreement for more than fifteen (15) days after a written request has been mailed by the city, then the Lessee agrees to pay the sum or sums so paid for the expenses so incuned, including all interest, costs, damages and penalties, and the same may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the City in the same amount and with like remedies as if it were originally a part of the rent as set forth in paragraph 8 hereof. The Lessee shall have the option to posl a bond for the amount of the expense in the event the Lessee contends that such expense is felt to be excessive. 24. EVENTS CONSTITUTING DEFAULT: A' The Lessee will be considered in default of this lease if any one or more of the following events shall occur: 1. lf the Lessee shall voluntarily abandon, desert or vacate any of the properties described in this lease or discontinue its operation at the leased premises. 2. lf any lien is filed against the premises because of any act or omission of the Lessee and is not removed or secured by bond or otherwise, within thirty (30) days afterthe Lessee has received notice thereof; or 3. lf the Lessee shall fail duly and punctually to pay the rental or to make any other payment required hereunder when due to the City and shall continue in its failure to pay rentals or to make any other payments required hereunder for a period of thirty (30) days after the first of the month after written requests, the date upon 18 E. The rights of declaration of default described above shall be in addition to any other rights of termination provided in this agreement and in addition to any rights and remedies the City would have at law or in equity consequent upon any breach of this agreement by the Lessee and the exercise by the City of any right of termination shall be without prejudice to any other such rights and remedies. 25. NOTICES: Except wherein expressly required or permitted herein to be oral, all notices, requests, consents and approvals required to be given to or by either party shall be in writing, and all such notices and requests shall be personally delivered to the designated officer or representative of such party or delivered to the office of such officer or representative during regular business hours or forwarded to him orto the party at such address by certified or registered mail. The Lessee shall from time to time designate, in writing, an office within Broward County, Florida, an officer or representative whose regular place of business is at such office, upon whom notices and requests may be served. City designates the city manager and, until further notice, the Lessee,directs that all notices and requests be served or delivered to him and the City designates its' City Manager at Dania Administrative Center, 100 West Dania Beach Boulevard, Dania, Florida 33004, as their respective offices where notices and requests may be served. The notices herein required to be served shall be deemed effective and served as of the date of the registered or certified mailing thereof. 26. USES ALLOWED THE LESSEE: Lessee shall have sole and exclusive right to sell or rent in, on or from the leased premises all items which would be in compliance with present zoning for said structures including but not limiled to food, beverages, including alcoholic beverages for consumption on premises, maritime equipment, sporting goods and related items, gifts and related items, tourist and related service and items and such other uses which may be 2'l B. Wasting Or Destruction Of Property: ln the event the activities of the Lessee which are in derogation to the terms of this lease, are such as to constitute a wasting or destruction of the leased premises then and in that event, it shall not be necessary for the City to suffer the wasting or destruction of said property during the aforesaid periods of notice, but in such event, the City shall give the Lessee seven (7) days notice within which to terminate the aforesaid destruction or waste to terminate any act or praclice which shall place the City or the property of any individual located properly upon the leased premises or in danger of destruction or waste. lf at the expiration of the aforesaid seven (7) days from the service of notice upon the Lessee in accordance with the provisions for service of such notice as contained in this lease agreement the Lessee has not terminated such waste of the City's property orthe waste of any individual's property which may be located upon the leased premises as aforesaid, then and in that event, the City shall have the right to enter upon the premises forthwith and the Lessee shall remove himself from the premises forthwith and this lease shall be deemed canceled and terminated as of the expiration of the aforesaid seven (7) days. C. No acceptance by the City of rental, fees, charges or other payments in whole or in part for any period or periods after a default of any of the terms, covenants and conditions hereof to be performed, kept or observed by the Lessee shall be deemed a waiver of any right on the part of the City to terminate the lease. D. No waiver by the City of any default on the part of the Lessee in performance of any of the terms, covenants or conditions hereof to be performed, kept or observed by the Lessee shall be or be construed to be a waiver by the City of any other or subsequent defaults in performance of any of the said terms, covenants and conditions. 20 32. CITY'S RIGHT TO TERMINATE LEASE AGREEMENT: Notwithstanding anything herein to the contrary, City expressly reserves the right to cancel this lease in its sole discretion and without cause upon giving written notice to Lessee at least thirty (30) days next preceding the effective date of such cancellation. Provided, however, in the event of such termination of lease without cause or default under Article 24 herein (Events Constituting Default) and there was a cunent leasehold term of more than one year still remaining on said lease without exercising any option to extend the period, then in such event upon written notice and application by the Lessee to the City, the City and the Lessee shall, within thirty days after receipt of such notice, jointly agree to an appraiser to appraise the market value of said leasehold. ln the event the parties cannot agree to an appraiser, then the appraiser shall be appointed by two licensed appraisers, one ofeach to be appointed by the City and the Lessee. The appraiser shall, if he adopts the cost or replacement value as part of his appraisal (rather than the income approach as to value), take into consideration the used wholesale and/or depreciated value of any improvements made to the real property, any personal property, fixtures, appliances or other property that cannot be removed by the Lessee pursuant to the terms of this Lease, and which shall remain the property of the City after such termination. Further in the event the City is not willing to pay to the Lessee the appraised sum determined by the appraiser to reimburse it for the early termination of the Lease, the City shall then have the option to reinstate the Lease. lf during the period after notice of termination by the City and the determination by the City to reinstate the Lease the premises are not operated by the Lessee, the rent due under this Lease shall be reduced on a prorata daily basis. 23 approved by the city commission and said approval shall not be unreasonably withheld. The City agrees to allow and permit the sale of beer and wine by Lessee on the demised premises. Lessee will not be allowed any package liquor sales. 27. PLACE OF PAYMENTS: All payments received by the City by this agreement shall be made at the office of the finance director of the City at Dania Administrative Center, 100 West Dania Beach Boulevard, Dania, Florida 33004. 28. PARKING LOT: All customers and employees of the Lessee are subject to the City Parking Lot Ordinance. However, the Lessee will be allowed to rent any number of spaces for free parking by customers and employees of the Lessee from the City at a rate designated by the City and in an area of the parking lot designated by the City. The rate and area so designated is subject to annual review by the City Commission. 29. HEADINGS: The paragraph "headings" contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this agreement. 30. ENTIRE AGREEMENT: This document incorporates and includes all prior negotiations, conespondence, conversations, agreements or understandings applicable to the matter contained herein and the parties agree that there are no commitments, agreements, or understandings conceming the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 31. PARKING METER CHANGE: As a service to all beach patrons' Lessee agrees to provide money changing for persons needing coins to operate parking meter devices. 22 33. PERSONAL GUARANW: ln consideration of the execution of the Lease by Landlord, the undersigned ("Guaranto/') hereby unconditionally guarantees to Landlord the full and timely performance by Tenant of all terms and conditions of Paragraph 8 of the Lease herein relating to the payment by Tenant of the rent and all other sums payable by Tenant under this Lease. Signed, sealed and delivered in the presence of: Guarantor CIry OF DANIA, FLORIDA ATTEST: By: Mayor - Commissioner City Clerk - Auditor (City Seal)City Manager APPROVED AS TO FORM AND CORRECTNESS By: Frank C. Adler, City Attomey By 25 lN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence ot \MTNESSES:A Florida Corporation By: As to Lessee President As to Lessee 24 2. Value of proposed improvements to be made by proposer as specified in proposal. 3. Design characteristics which include aesthetics, architectural concept and design, function, the nature and the design of the proposed capital improvements and eventual design and appearance, the likelihood of obtaining the proper permits from state and local agencies, schedule for completion of improvements and integration of the proposed facility with the beach atmosphere and the Fishing Pier. 4. Quality of the proposed operational concept and plan (especially as indicated in Section Vl - 7 and 8), including schedule for the facility, service implementation and food and beverage operation and integration of all these factors with the beach atmosphere. 5. Experience and qualifications of the proposer including financial capability, experience with similar or comparable operations. '150/o 15o/o 15o/o 20o/o Proposers may be asked to appear before an evaluation committee of City staff, if desired by the City and shall appear before the City Commission upon request to make a presentation. oral presentations to staff, if required, shall be for clarification purposes only. proposers may be required to submit additional information upon request but no material changes in proposals shall be permitted. 27 v. coNSIDERATIoN FoR AWARD: The clry expects to furnish the Fishing pier Restaurant patrons and the general beachgoing public with a quality restaurant facility, incorporating the beach atmosphere and its decor. The award of contract will be based upon the response to this Request for Proposals and conducted according to the procedures set forth below. The evaluation of the proposals shall be made using the following criteria/weight. The numbers indicate the importance the Gity places on each of the criteria as a percentation of a 100 point total. 1. The base rent and percentage of gross contained in the 3|o/o proposal and the total projected gross income of the business. 34. LOCKS Any changes for in the locks for the leased space must be made through the City with all costs to be paid by the Lessee. lf the locks are found to have been changed without the City's permission, they will be restored at the Lessee's expense. 35. ENVIRONMENTAL AND POLLUTION It is understood and agreed that it shall be the responsibility of Lessee to comply (including applying for and obtaining all necessary govemmental licenses, permits or other requirements) with all governmental, natural resource and pollution control laws, statutes, ordinances, rules and regulations; and to hold the City harmless indemnify City from any non- compliance or violation whatsoever (including all related legal costs, attomey's fees, expenses, fines, penalties, awards, injunctions, and judgments) by Lessee, its agents, employees, principals, officers, contractors, licensees or invitees. IV. OPENING. WTHDRAWAL. REJECTION OF PROPOSALS 1. Opening of Prooosals: Proposals received after the scheduled time shall be retumed to the proposer - unopened. Proposals will be read aloud on April 26, '1994, 4:00 and results presented that evening to City Commission at 8:00 p.m. in the City Commission Chambers. 2. \Mthdrawal of Proposal: Proposals may only be withdrawn in person by the representative prior to the schedule time of acceptance. 3. Rejection of Prooosal: The City of Dania reserves the right to waive any inegularities or technicalities in proposals in order to award a lease as it deems in the best interest of the City or to reject all proposals. 26 VI PROPOSER'S QUALIFICATION FORM FISHING PIER RESTAURANT DANIA, FLORIDA Proposals submitted by: (insert name in appropriate category) 1 through 3. The proposer is: 1. Corporation 2. lndividual 3. Partnership Principal Office Address Telephone Number Authorized Representative The proposer submitting this Proposal wanants the following: The proposer is authorized to do business in the State of Florida, and if a corporation, must be incorporated under the laws of one of the States of the United States. (Proof to be required.) 29 FOR THE The Committee shall rank each proposal by grading each proposer based upon the formula contained herein. Each Committee member shall rate each responsive proposer based upon the formula contained herein and shall use this as the basis for his/her ranking. The percentages stated are for the purpose of guiding the Committee in evaluating proposals. This method shall not prohibit the City Commission from entertaining and adopting a motion to reject all proposals either before or after the evaluation is completed. The Committee shall report its findings to the City Commission who will make the final decision. Provided the City Commission does not rejecl all proposals and once the City Commission, by majority vote, expresses a preference for a proposal which it believes is in the best interest of the City, the City Manager shall attempt to finalize a written Lease with that proposer. The Lease shall contain all specifications set forth herein and substantially incorporate the proposal as well as any necessary technical and implementing provisions which do not materially effect the substance of the proposal. The City shall then undertake the necessary procedures in force at the time the proposals are opened to adopt the Lease. The award shall not be considered final or in any way binding on the CITY until such procedures have been completed and an ordinance incorporating a Lease adopted. A public hearing with advertised notice shall be part of the process. The City Commission shall not, as a result of expressing a preference for one proposal and having a Lease drafted, be obligated to pass the ordinance adopting the Lease. The City does, at any time prior to adoption of the ordinance, retain the right to re.lect all bids by motion. Failure to enacl an ordinance adopting the Lease within 120 days of bid opening shall be considered a rejection of all bids. 28 2. Past experiences in operating similar business enterprises. (Attach additional sheets, if necessary.) Business Date of operation Type of operation Location Business Date of operation Location Business Date of operation Type of operation Location 3. List below names and addresses of landlords for the operations listed above. Ooeration lan lord Address 4 ln determining the ability to perform, the Pier Proposal is concemed with the past performance and integrity of a Developer. Accordingly, Developers should provide information as to any of the following: (a) bankruptcies; (b) mortgage foreclosures; (c) pending or past litigation which would in any manner affect the ability of the Developer or its principals, stockholders or principal partners; and (d) restrictions, restraints or impositions imposed by Federal Housing Administration, Securities and Exchange Commission, etc. 31 Tyoe of ope!'ation a. b. lf a corporation, answer the following: When incorporated What state 1. Please list operating officers and/or Board of Directors. Name Address Name Address Name Address lf individual or partnership, answer the following: 1 . Date of organization Name and address ofeach partner: Name Address Name Address Name Address All proposers answer the following: 1. Number of years experience the proposer, making the proposal, has had in operation of a similar business. ?n Proposer understands that the City of Dania has the right to verifo the information submitted and may seek additional information on qualifications. ln addition the proposer agrees to personally guaranty the terms and conditions in the agreement with the City of Dania. Attached hereto are individually signed authorizations by all the entities, including corporations and partnerships, sole proprietors, principals, partners, officers and directors, stating the following: The undersigned hereby agrees and authorizes the City of Dania to obtain copies from any third party, lending institution, bank, or credit reporting agency of any financial or credit information in regard to the undersigned in order that the City may evaluate the undersigned as a participant in the construction and/or operation of the City of Dania Fishing Pier Restaurant. Dated at this _ day of 1994. WTNESSES: (Seal) Type Name WTNESSES:lf corporation or partnership: Type name offirm (Seal) STATE OF FLORIDA) couNryoF ) Type name being duly sworn, deposes and says that he/she is the of and that the answers,",r"t;#;",iff:::1. and ail statements therein contained are true and correct. Swom to before me this _ day of _, 1994. SS My Commission Expires; Notary Public 33 5. Bank References: Bank Address 6. Outside Accounting Firm Address: 7. Other firms owned by business: Name of Business Address Type % Owned 8 Names of other business in which owners or partners are involved: Name of Business Address o Pending or past litigation involving business or its partners/officers/owners: plaintiff Defendant couruAddress The proposer understands that information contained in this Qualification Form is to be relied upon by the city of Dania, and such information is wananted by the proposer to be true. The undersigned proposer agrees to furnish additional information as required by the City of Dania. All information provided is a matter of public record. 32 Type lnvolvement 10. Please attach a Financial Statement for business. 11. Source of Funds: _ 4. OPERATING FEES The proposer agrees to operate the pier on behalf of the City under the terms of a management contract which complies with the terms of lntemal Revenue Service Revenue Procedure g3-1g for a fixed fee to be paid to the proposer by the City of $_. 5. PERMITS. TAXES. LICENSE The proposer shall, at his/trer own expense obtain all necessary permits, pay all license fees and taxes required to comply with all local ordinances (except for off-street parking and other ClTy site plan requirements which may be waived by the CITY), state and federal laws and rules and regulations applicable to the business to be carried on underthe Lease and the South Florida Building Code. Proposer shall list all licenses which may be needed for the improvements listed in its proposal. 6. CAPITALIMPROVEMENTS All capital improvements shall meet all applicable federal, state, and local requirements. (Provided that zoning requirements relative to land development issues shall not be applicable to this City property.) All improvements shall be planned in conjunction with state regulations and the ability to receive required permits be reasonably assured. LESSEE shall bear all costs associated with such permits and improvements and shall spend a minimum of $15O,OOO on improvements (not including permit costs) to the exterior and interior of the restaurant. Optional additional amount to be expended on Baitshop. LESSEE plans to spend a minimum of $_ on capital improvement including the foundation, the building and the equipment to be used by the lessee. Drawings and renderings and descriptions of sufficient detail to accurately depict the proposed improvements (both interior and exterior), equipment to be installed, colors to be used and eventual design and appearance of the restaurant and signage and all appurtenant facilities are attached. (Please attach) 35 VII. BID PROPOSAL ln addition to the foregoing (all bid specifications and requirements set forth herein) the proposer proposes and agrees to the following terms: 1, TO DEVELOP AND OPERATE THE PIER RESTAURANT AND: (Check other facilities below). [ ] Bait shop I Pier Retail Other No other facilities 2. TERM OF LEASE. The term shall be years. The Lease Agreement shall have two five (5) year options for renewal. 3. MONTHLY RENT During the first year the rent shall be $.During the second and third years of the Agreement the LESSEE agrees to pay the City of Dania an annual rent of The annual rent will then be adjusted every two (2) years with the first adjustment occuning at the end ofthe third year, based on the total change in the Consumer Price lndex for all urban consumers during the preceding two (2) years. ln no event will the rent be decreased. The lessee agrees to pay the CiV _% of gross (less taxes) in addition to rent. Estimated gross income for the first five (5) years of operation is: 1st yr.2nd yr.3rd yr. 4th yr.5th yr.Total I I I 34 The pier facilities, if operated by the LESSEE, shall be open 24 hours a day seven (7) days per week. Restaurant shall be open a minimum of eight (8) hours per day. LESSEE plans to open - hours per day and a total of- hours per week. Sunday Monday A.M.P.M. Tuesday A.M.P.M. Wednesday _ A.M.P.M. Thursday A.M.P.M. Friday A.M.P.M. Saturday A.M.P.M. DESCRIBE YOUR PROPOSED CONCEPT FOR OPERATING THE PIER RESTAURANT. PIER & BAITSHOP. ln your description please include a discussion of: a. The type of menu items to be offered (including but not limited to whether there will be separate breakfast items offered); b. The type of equipment to be used in its preparation; c. The manner in which the food will be offered for sale and served (i.e. waiters, pick-up counter, combination of both); d. Any special themes or amenities to be offered to enhance the patrons eating experience; e. Pricing policy; f. Alcoholic beverage policy, including but not limited to whether you intend to serve alcoholic beverages, the hours of such service, existence of a bar, type of beverages (i.e. wine, beer, liquor), and manner of service. lndicate if you have an alcoholic beverage license, the type of license, or describe your ability to obtain said license and the type of license you intend to obtain. g. Any measures you intend to take to establish a drug free work place. h. lndicate size and manner of operation for the bait shop, other retail space and fishing pier. to to to to to to 8 A.M. to P.M. The successful proposer will be required to complete the structure in substantial conformity with all renderings, drawings and descriptions submitted. The CITY reseryes the right to require minor modifcations relating to the design, materials and signage of the restaurant facility and to change the proposed color scheme. Describe the approximate customer service area (the area where patrons and the public will be permitted access) including square footage and the approximate locations and the number of seats and tables for patrons. 7. TIME FRAME a. Wthin _ days of an executed Lease Agreement schematic plans, design development plans and working drawings shall be submitted to the CITY for review and approval. The CITY review shall be completed within sixty (60) days of receipt. b. Proposed capital improvement work, as outlined and approved, shall be completed in _ days from the Notice of Commencement issued by the CITY. (fhis estimate should be based upon the assumption that continuous work will be permitted once state and local permits are issued.) 8. MANNER OF OPERATION LESSEE shall keep the eating facilities reasonably stocked and reasonably staffed to serve the patrons thereof, and LESSEE shall maintain a standard of quality food and beverage service, and cleanliness of premises at least equal to similar operations in the area, at reasonably comparable prices. All personnel shall be courteous to the public and patrons. No other business shall be conducted on the premises other than the operation of a restaurant, baitshop and associated operations. 36 SUNRISE BLVO. ..t LVO.BFOWANO FT. I I t OFCITY I.AUDEROALE Layo. i GoaOAVIE BLVD. c ' E !.l. tTrx , q1 IDFo 1 Ff.. HOLLY',WOOO IN?ERIIATlOr{AL A?E GFIFFIN ROAO clTY OF STINLTNG ROAO i t I (.sHEFIDAN ST. OTY OF HOLLY}VOOO f lt cot{vE {flot{ ICEI.,EN PORT EVENGUDEi ll't!r z frl q) o t o E-r z d F DAHIA Site LocationI FOR THE CITY OF DANIA FISHING PIER RESTAURANT CITY OF DANIA FISHING PIER RESTAURANT 3OO NORTH BEACH ROAD DANIA, FLORIDA 33004 REQUEST FOR PROPOSALS I. INTRODUCION 1. Purpose2. General Background 3. Where to Submit Proposal II. PROPOSAL CONDITIONS 1 . Operational Concepts 2. Manner of Operation 3. Performance Bond and lnsurance 4. Non-Discrimination III. SPECIFICATIONS PAGE 6 6 6 7 7 7 7 8 10 11 12 13 13 13 13 15 15 15 16 16 17 17 18 18 21 21 22 1 1 2 3 4 4 4 5 5 6 1. 2. J. 4. 5. 6. 7. L o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 . 22. 23. 24. 25. 26. 27. Effective Date Real Property Structures Term Hours of Operation Security Deposit Construction By The Lessee Rent Destruction or Damage Care, Maintenance and Repair Water Damage Utilities Solid Waste Access lnsurance City Liability Lessee Liability No Assignment or Subletting Rights of Entry Reserved Taxes Obligations of the Lessee Signs Additional Rent and Charges Events Constituting Default Notices Uses Allowed the Lessee Admission Fees TABIE OF CONTENTS 28. 29. 30. 3't. 32. 33. 34. Place of Payments Parking Lot Headings Entire Agreement Parking Meter Change City's Right To Terminate Lease Agreement Personal Guaranty 23 23 23 23 23 24 25 lv.OPENING. WITHDRAWAL. REJECTION OF PROPOSALS & BID BOND V. CONSIDERATION FOR AWARD VI. OUALIFICATION FORM VII. BID PROPOSAL 26 26 29 34 II REQUEST FOR PROPOSALS FOR THE CITY OF DANIA FISHING PIER RESTAURA}IT CITY OF DANIA FISHING PIER RESTAURANT 3OO NORTH BEACH ROAD DANIA, FLORIDA 33004 The City of Dania is actively seeking a qualified firm to develop, operate and maintain a quality food and beverage service at the Dania Fishing Pier Restaurant. Minimum standards for operating the restaurant under a Lease Agreement with the City of Dania have been outlined in this "Request for Proposal." The City reserves the right to issue addendums to these specifications for a period of twenty (20) days from the distribution date of this Request for Proposal. The City of Dania wishes such improvements to keep within the overall beach decor in design characteristics, architectural concept and the likelihood of obtaining all necessary permits. site visitations may be scheduled by contacting Timothy Tapp, parks & Recreation Director, at (305) 921-8700 ext. 235. Further information may be received from Robert Flaley, City Manager, at (305) 921-8700 ext. 201. Visitations are encouraged. No information may be relied upon except that which is reduced to writing and supplied to all proposers. I. INTRODUCTION A. Purpose: The city of Dania, Florida, is requesting proposals forthe development and operation of the Dania Fishing Pier Restaurant, located on Dania Beach, 300 No(h Beach Road, Dania, Florida. Proposers are urged to personally inspect the present facility, confer with the Department of Parks & Recreation to obtain any other available specific information on the precise location of the restaurant, and to inquire as to the reconstruction of the City of Dania Fishing Pier. sealed bid proposals are due by 4:00 p.m. local time on the 26th day of April 1994, in the city clerk's office at the city of Dania, '100 w. Dania Beach Blvd., Dania, Florida. The proposals shall be publicly opened and read aloud by the City Clerk in the City Commission chambers at 4:00 p.m. on that day. During the regularly scheduled city commission Meeting 1 at 8:00 p.m. on April 26th, the proposals will be introduced to the City Commission and the public. B. General Background of Facility and Nature of Requests for Proposals: slrE cHARAcrERlsrlcs - Dania Beach Park is a 26.5 acre beachfront park owned by the City of Dania. lt is located north of Dania Beach Boulevard and east of A1A and contains over 1300 feet of ocean frontage. Adequate parking is available and upgraded picnic facilities, restroom facilities, lighting, and landscaping are currently being installed. The existing 830 foot pier is closed, however, the City has let a contract for the construction of an entirely new pier to include a 6300 square foot (plus or minus) platform to receive the restaurant building. The City is seeking proposals that will involve capital improvements, (to include restaurant, baitshop construction, furnishings affixed to the premises, and food preparation equipment affixed to the premises) to the facility. The City will review these proposals as to the overall best interest of the city and its citizens and pursuant to the criteria set forth herein. This facility is intended to serye beachgoers, fishermen, tourists and casual visitors to the area. The restaurant and its immediate surroundings and proposed rental are important considerations to the City of Dania. Other concerns include background of the bidder, the nature and quality of the proposed food and beverage service, the proposed design of the facility and qualification of proposers. The City will consider proposals which include the sale of alcoholic beverages within the restaurant. The proposer, should include in the proposal the development and operation of the bait shop, other retail operations and operation of the fishing pier. lt is understood that the City reserves the right to lease the pier operation, or to operate the pier itself, if the proposer does not include the fishing pier operation in the proposal. Bidders must provide the information as requested in this Request for proposal. 2 C. Where to submit Proposal: All proposals must be submitted with eight (8) copies. All information should be in a sealed envelope, bearing on the outside the words "Dania Fishing Pier Restaurant Proposal". This should be submitted to the City Clerk's Office at City Hall, 100 W. Dania Beach Blvd., Dania, Florida 33004. 3 II. PROPOSAL CONDITIONS 1. Operational and Design Concepts: Proposers shall be responsible for the design, construction, maintenance and operation of the restaurant, and all proposals should incorporate a design suitable and cost effective for their operational and design concepts and specifically the proposed nature of the restaurant, including the type of food to be served, hours of operation, nature of service and implementation of the proposed food and beverage service and the design of the proposed customer service area. Proposer's overall design should blend with the fishing pier and the beach. Proposer's concept shall be designed so as to provide reasonable assurance that it will receive approval from various state regulatory bodies (Department of Natural Resources, etc.) and that such construction along the coast line will be permitted. Additional information may be obtained by contacting: The Department of Natural Resources 3900 Commonwealth Boulevard Mail Station 310 Tallahassee, Florida 32399 (904) 487-2203 The proposer shall provide the CITY with renditions, drawings and plans of sufficient details to accurately depict the eventual interior and exterior design (including signage) and appearance the restaurant so that each design and proposal can be thoroughly evaluated. These renditions, drawings and plans shall become part of the Lease should the proposal be accepted; provided that the CITY shall have the right to require minor modifications to the design, materials and signage of the restaurant facility and to require changes in color scheme. 2. Manner of operation: LESSEE shall keep the eating facilities reasonably stocked and reasonably staffed to serve the patrons thereof, and LESSEE shall maintain a standard of quality food and beverage service, and cleanliness of premises at least equal to similar operations in the 4 area, at reasonably comparable prices. All personnel shall be courteous to the public and patrons. No other business shall be conducted on the premises other than the operation of a restaurant, pier and associated operations. 3. Performance Bond and lnsurance: The successful proposer shall provide a performance bond in the full amount of the contemplated improvements to assure completion of improvements and payment of all laborers and materialmen, the successful proposer shall also provide evidence of full liability, property and other insurance as specified herein. 4. Non-Discrimination: A. LESSEE shall for itself, its personal representatives, successors in interest, and assigns, as part ofthe consideration hereof, covenant and agree that: 1. No person on the ground of race, color, religion, national origin, sex, age or handicap shall be excluded from participation in, be denied the benefits ol or be otherwise subjected to discrimination in the use of said facility, except for bona fide causes allowed by law. 2. That in the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the ground of race, color, religion, national origin, sex, age or handicap shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, except for bona fide causes allowed by law. 3. lt shall comply with all applicable laws relating to minority or disadvantaged contractors. B. LESSEE shall not discriminate against an employee or applicant for employment or vendor subcontractor or other person or entity needed for the provision of supplies, material or labor because of age, sex or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, color, religion, national origin, or ancestry. 5 2. REAL PROPERW: The City hereby lets to the Lessee and the Lessee hereby hires and lets from the City the following described real property: The restaurant and pier, restrooms and storage facilities of the City of Dania Fishing pier located at 300 North Beach Road, Dania Beach as shown on attached Exhibit'A", iogetherwith all equipment on said premises as described in Exhibit ,'B,'. 3. STRUCTURES: ln addition to the real property as described in paragraph 2, the city agrees to let and Lessee agrees to hire and let, the structures located on the real property described in paragraph 2 of the agreement including all of the pipes, sinks and plumbing flxtures which are appurtenant to the leased facility as well as all exterior lighting and the connections to the exterior lighting. 6 III. SPECIFICATIONS. AGREEMENT THIS AGREEMENT is entered into this day of _, 1994 by and between the CITY OF DANIA (hereinafter referred to as "City"), and -- a Florida corporation, (hereinafter referred to as "Lessee"). WHEREAS, based upon the commitments of the Lessee, the City has determined that it is in the best interest of the city of Dania to enter into a Lease Agreement; now, therefore: lN CONSIDERATION of the covenants and agreements herein contained and of the payment of monies as hereinafter set forth, the parties hereto mutually agree as follows: 1. EFFECTIVE DATE: This lease shall exist between the City and Lessee, its successors and assigns, and its terms and conditions shall become effective after Lessee has obtained all governmental authorizations and permits of any kind or nature necessary to operate a restaurant enterprise, except that all authorizations and permits shall be obtained no later than 4. TERM: The term of this agreement shall commence upon date of approval of this agreement by the city commission. The term shall continue for_ years , plus any option renewal periods exercised unless terminated sooner as provided herein. 5. HOURS OF OPERATION: Lessee shall keep the restaurant open for business a minimum of eight (8) hours per day and seven days per week. The pier shall remain open 24 hours per day 365 days per year. 6. SECURITY DEPOSIT: Lessee shall deposit an amount equal to three (3) months rent with the City to guarantee performance under the terms of this agreement. Failure by Lessee to fully perform the covenants of this agreement shall forfeit said amount to the City as liquidated damages. Said deposit shall be refunded at termination of lease if performance has been acceptable to the City. 7. CONSTRUCTION BY THE LESSEE: Plans and specifications shall be submitted to the Growth Management Department of the City of Dania, whereupon the plans and specifications shall be considered by the groMh management department of the city which department shall make a recommendation to the City commission regarding the proposed construction. Upon approval by the City commission, the plans and specifications shall be processed in accordance with the established City procedures for the issuance of building permits. Any approval of such construction by the city shall be upon such terms and conditions as the city may deem appropriate. All construction shall be subject to the approval of the City as to design, use and type of construction and must meet all of the requirements of the applicable building code. lt is the intention of the City that the proposed new construction remain within the footprint of the platform designed for the new pier. The City may in the future authorize construction by the Lessee such additional structures and facilities upon the leased premises as the City may, in its 7 sole discretion, deem to be in the public interest. ln the event any construction not specifically authorized herein, is done by the Lessee without the approval of the City the City may require the Lessee, at the City's option, to remove the same or cause the same to be changed to conform with the original design and type of construction. ln the event the Lessee falls to commence removal or change within forty-five (45) days from written notice by the City, the City may effect removal or change and the cost thereof shall be borne by and be the responsibility of the Lessee. Prior to undertaking any construction, Lessee shall provide the City with a performance bond equal to the estimated construction costs of the improvements so as to adequately satisfi the City that all improvements be completed and fully paid for free of liens. The Lessee agrees to hold the City harmless from any claim of lien by any contractor, sub- contractor, material provider or other person or firm or corporation whatever and the Lessee further agrees to hold the City harmless and to reimburse the City for all costs including costs of defense, attomeys fees and other expenses in connection with any claim of whatsoever kind, whenever the same may be presented, arising out of any construction whatever in connection with this lease agreement. All of the improvements of this agreement and any other buildings or structures constructed by the Lessee or his agents or assigns on the real property described in Section 2 and all alterations, improvements, changes or additions made in or to the leased premises shall be the property of City and Lessee shall have only a leasehold interest therein, subject to the terms of this lease. 8. RENT: The parties agree that the rental to be paid by Lessee shall be the amount set forth below: Commencing with the date of receipt of the permanent certificate of occupancy for the restaurant and continuing for 180 days following such date the rental shall be $2s.o0o.oo. per year commencing on the 181 day of such date of receipt of the B Thereafter $ permanent certificate of occupancy for the pier and continuing for the remainder of the term of the Lease and Licensing Agreement and any renewal or extension thereof. The rental set forth above shall be adjusted annually during the term ofthe Lease and Licensing Agreement and any renewal or extension thereof to reflect changes in the Producer Price lndex for Finished Goods published by the Bureau of Labor Statistics of the United States Department of Labor, from December 31 of the year in which the permanent certificate of occupancy for the pier is received. lf the Lessee neglects to make any payment to the City within thirty (30) days after the day on which the payment is due and owing, the Lessee shall pay to the city for such privilege an additional charge of one hundred fifty dollars ($150.00) per day for each day,s delay in payment, retroactive to and beginning with the first day of the month. Notwithstanding any other terms and conditions, the City shall comply with all legal notices and proceedings in accordance with Florida Statutes. Further on the first day of the month following the month in which the delinquency occurred, the rental due for that mpnth as well as the minimum rental for the next succeeding month will be due and payable. ln the case of "a percentage of gross rental" being proposed over and above the minimum rent, the proposer must provide the City with an accurate monthly accounting of all receipts and all sales must be recorded at point of sale in a cash register receipting system suitable to the City to include a computerized direct line to the City's administrative ofiices at the proposers cost. The City reserves the right to require an annual Certified Public Accountant's Audit to determine gross receipts at the cost of the Lessee. The City's right to assess the penalties for payment made later than the day upon which such payment is due, shall be in addition to its right to terminate the lease in the event a rental payment is due and owing for more than thirty (30) days. 9 The prompt payment of the rent for the leased premises described in Paragraph 2 of this lease upon the time specified is a primary condition upon which this lease is made and accepted and any failure on the part of the Lessee to comply with that condition shall, at the option of the City, be deemed a forfeiture of this contract. The City shall comply with all legal notices and proceedings in accordance with Florida Statutes. 9. DESTRUCTION OR DAMAGE: ln the event of destruction or damage to any portion of the leased premises due to hurricane or storm, fire, elements, the public enemy, riot, or other casualty, the City shall remove all debris resulting from such damage from the leased premises. lf the destruction or damage is caused by negligence of the Lessee, fire from electrical lines or appliances under the jurisdiction of the Lessee, acts by Lessee's employees, sub-tenants or patrons of the restaurant, then the Lessee shall remove all debris and make all necessary repairs promptly to bring the structure up to the specifications contemplated by this lease. The Lessee shall next decide whether all or a portion of the leased premises is still functional and if the City concurs that all or a portion ofthe restaurant is still functional and poses no threat to the safety of. the public, then the rental payment owing to the City shall be decreased by the same percentage that Lessee's net revenues will be reduced as a result of loss of revenue from the destroyed or damaged portion of the restaurant. lf the reduction in net revenue due to damage to the leased premises is greater than fifty percent (50%) in the months after the damage to the leased premises occurs, the Lessee shall have the option to cancel this lease. ln the event of total destruction of the leased premises, the City shall be under no obligation to rebuild it and said rent to be reduced accordingly. lf in fact Lessee determines and wishes to continue operation of the leased premises, the monthly rental shall be reduced in accordance with the formula set forth herein. l0 ln the event of any controversy arising as to the proper adjustment for rental payment as herein provided, the Lessee shall continue paying under the last preceding rental adjustment as herein provided, until such time as said controversy has been settled. 10. CARE. MAINTENANCE AND REPAIR: The Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve the City from all responsibility for all repair and maintenance and costs whatsoever on the structure described in Exhibit "A", except for the exceptions listed as follows, said responsibility for the care, maintenance and repair by Lessee shall not commence until the time period as set forth in Paragraph t herein of this agreement in accordance with the commencement of the payment of rent A. The City shall provide maintenance and upkeep to provide that the structural stability of the leased premises, the wooden decking, existing pilings and foundations and railings of the leased premises are maintained to a safe degree. Wooden decking not included in this definition is the flooring within the restaurant, patios and entry to the leased premises. This latter group shall be maintained by the Lessee at the Lessee's cost. B. The Lessee shall be responsible for maintenance and repair of all electric power service, including the cost of electricity. The City shall be responsible for and maintain fresh water supply lines, sewer lines and drain lines to the property. All of the salt water system will be the responsibility of the Lessee. C. The Lessee's duty to maintain shall include, but not be limited to, the following areas (a) To keep in clean and orderly condition and appearance the decking and railings as well as any of the interior fixtures, equipment and personal property which are located in any parts of the leased facilities which are open to or visible by the general public. 11 (b) The Lessee shall keep the decking of the leased premises free and clear of any objects or impediments which may be discarded or left behind by either patrons or employees of the lessee and to prevent any hazardous conditions from existing on the decking due to the location of any items left situated on the decking. (c) Lessee agrees to promptly notify City and all proper utilities of any damaged utility service lines including, but not limited to service lines for the supply of water, gas service Iines, electric power and telephone conduits and lines which service any buildings or structures which are a part of the leased facilities. (d) To maintain and clean any grease traps which are located on the premises. (e) To maintain and keep in sanitary condition the restrooms and to be responsible for any repairs including plumbing and electrical which are necessitated within such restaurant restrooms. (f) To inspect all decking and railings weekly for which the city is responsible and to report any defective condition thereof to the public works administrator. D. The Lessee shall keep the public restrooms on the leased premises open during regular business hours each day for use by the public generally and the Lessee shall not have the right to restrict the use of said public restrooms to patrons of the restaurant only. 11. WATER DAMAGE: lt is expressly agreed and understood by and between the parties to this agreement, that the City shall not be liable for any damage or injury by water which may be sustained by the Lessee or any Sub-lessee orfor any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any other tenant or agents, or employees, or by reason ofthe breakage, leakage, or obstruction ofthe water sewer or swell pipes, or other leakage in or about the said building. 12 12. UTILITIES: ln addition to the compensation to be paid the City above mentioned, the Lessee shall pay for all utilities used or consumed in connection with the operation of the pier, restaurant and restrooms. The Lessee shall pay for the utilities directly to the respective utility companies. lf the Lessee or any sublessee neglects to pay any charges for utilities or services when the same become due and payable, then the City may consider the Lessee to be in default of this lease agreement and may institute those remedies prescribed in paragraph 24 A. 5. 13. SOLID WASTE: Lessee agrees to provide for the pick-up and removal of all garbage, debris and solid waste materials which are generated by patrons and customers of the leased premises. The Lessee shall place all garbage and solid waste into plastic bags and be subject to the City's ordinance regarding solid waste removal. 14. ACCESS: Lessee shall cooperate with City where City may desire to sponsor an event which may result in a temporary delay in the flow of traffic to the leased premises which will not deny access to the parking lot. 15. INSURANCE: The Lessee shall during the term of this lease insure and keep insured to the extent of not less than one hundred percent (100%) of the replacement cash value of all buildings, structures, fixtures and equipment on the premises leased to the Lessee against such hazards and risks as may now or in the future be included under the Standard Form of Fire and Extended Coverage lnsurance Policy of the State of Florida and also against the following hazards and risk, except the pier east of the erosion control line. The Lessee covenants and agrees to provide and keep in force and effect comprehensive general public liability and property damage insurance to include independent contractors. Such comprehensive general liability coverage shall not be less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage insurance, holding harmless and indemnifuing the Lessee and the City as their interests may appear against public I3 liability and property damage claims and to furnish the City at all times with an appropriate certificate from the insurance carrier showing such insurance to be in force. It is further understood and agreed that the Lessee or his agents shall carry product liability and completed operations coverage with a combined single limit for bodily injury and property damage of One Million Dollars ($1,000,000.00). All policies of such insurance and renewals thereof shall insure the City and the Lessee as their interests may appear. The aforesaid insurance shall be written by companies authorized to do business in the State of Florida, and listed in "Best's lnsurance Guide", or a comparable publication in the event of the discontinuance of publishing "Best's" said insurance company having a minimum rating in "Best's" of "A '10". The policies or certificates representing such insurance shall be delivered by the Lessee to the City and each policy or certificate delivered shall bearthe endorsement of or be accompanied by evidence of payment of the premium thereon and also an endorsement obligating the insurance company to furnish the City thirty (30) days notice in advance of the cancellation of the insurance evidenced by said policy or certificate. Renewal policies or certificates shall be delivered to the City at least thirty (30) days before the expiration of the insurance which such policies are to renew. When such policies or certificates have been delivered by the Lessee to the City as aforesaid and at any time or times thereafter, the City may notify the Lessee in writing that the insurance represented thereby does not conform to the provisions of this paragraph either because of the amount or because of the insurance company or for any other reason, and Lessee shall have thirty (30) days in which to cure the defect. Failure to cure such defect within thirty (30) days shall constitute a breach of this agreement by the Lessee, entitling the City to all remedies occasioned by default. 14 All contracts entered into by the Lessee shall be subject to review by the City of Dania in order to determine that the city shall incur no liability not adequately covered by insurance and all contracts pursuant to this paragraph shall be submitted to the City prior to being entered into by the Lessee. 16. CITY LIABILITY: The City in agreeing to the responsibilities outlined in Paragraph 10 of this lease agrees to defend the Lessee and hold it harmless from any claim arising out of any injury or damage to persons or property described in Paragraph 2 of this agreement caused by any act or omission of act of any City employee, or occurring on account of any wrongful breach of this lease agreement by the City. 17. LESSEE LIABILITY: The Lessee assumes all risks in the operation of the leased facilities described in Paragraph 2 of this lease agreement. The Lessee agrees that it shall be solely responsible and answerable in damages for all accidents or injuries to persons or property occurring on the leased premises and hereby covenants and agrees to indemnifo and save harmless the City and its officers and employees from any and all claims, suits, losses, damage or injury to personal property or life and limb of whatsoever kind and nature, whether direct or indirect, arising out of the operation of said leased premises or the carelessness, negligence or improper conduct of the Lessee or any agent, servant, employee contractor and supplier, which responsibility shall not be limited to the insurance coverage herein provided exclusive of any areas which are maintained by the City. 18. NO ASSIGNMENT OR SUBLETTING: The Lessee is not permitted to assign, transfer, convey, sublet or otherwise dispose of this agreement or of this right, title or interest therein, or the power to execute this agreement to any other person, company or corporation without the previous written consent of the City Commission which consent will not be unreasonably withheld; that neither said agreement nor the rights therein granted shall be assignable or transferable by I5 any process or proceedings in court, or by judgment, execution, proceedings, insolvency, or bankruptcy, either voluntary or involuntary, or receivership proceedings, and in the event of the insolvency or bankruptcy, either voluntary or involuntary, of the Lessee, the City may, at its option, terminate and cancel this agreement upon ten (10) days written notice, in which event all rights of the Lessee hereunder shall immediately cease and terminate and it, or its representatives, shall immediately deliver up possession to the City. lf the Lessee, shall, without the previous written consent specified in the first paragraph of this section, assign, transfer, convey, sublet or otherwise dispose of the same, of his right, title or interest therein, or the power to execute this agreement, to any other person, company or corporation, the City may revoke and annul this agreement, and the City shall be relieved and discharged from any and all liability and obligation arising out of said agreement to such Lessee and to the person, company or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same. 19. RIGHTS OF ENTRY RESERVED: The City, by its officers, agents, employees, representatives and contractors shall have the right at all reasonable times to enter upon the premises for the purpose of inspecting the same, for observing the performance by Lessee of its obligations under this agreement for auditing business procedures and for doing any act or thing which the City may be obligated or have the right to do under this agreement, or otherwise as long as said inspection or visit does not interfere with the normal business of the Lessee. 20. TAXES: Lessee shall be responsible to pay all real and personal ad valorem taxes and other taxes which are now and may be hereafter levied by any governmental unit or agency having the authority to levy such taxes, upon any of the real property described in this lease, or any ofthe business operations conducted by the Lessee upon the real property described in this lease agreement 't6 21. OBLIGATIONS OF THE LESSEE: A. Lessee shall purchase merchandise and fresh food for sale which merchandise and food is of a quality generally accepted in the market place as acceptable for purchase and complies with the standards of all applicable regulatory agencies. Merchandise and fresh food shall be purchased through insured, bonded suppliers. B. The Lessee shall conduct its operation hereunder in an orderly and proper manner, considering the nature of such operations and shall comply with all ordinances of the City. ln addition, the Lessee must operate forthe use and benefit of, and service to the public without imposing excessive or unjust or abnormal requirements on customers, guests and invitees. C. The Lessee shall commit no lawful nuisance, waste or injury on the premises and shall not do or permit to be done anything which may result in the creation or commission or maintenance of such nuisance, waste or injury on the premises. D. The Lessee shall comply with all laws, ordinances, rules, regulations and orders of the City and any other governmental entity having jurisdiction now in force or enacted at any time during the term of the lease which as a matter of law are applicable to or which affect the operation of the Lessee of the leased property. The obligations of the Lessee to comply with governmental requirements is provided herein for the purposes of assuring property safeguards for the protection of persons and property on the premises. Such provision is not to be construed as a submission by the City to application to itself of such requirements of regulations. 22. SIGNS: That the Lessee shall not erect, maintain or display any signs, flags or any advertising at or on the exterior property being leased in this lease agreement that are in conflict with the applicable City ordinances pertaining to said property. 17 23. ADDITIONAL RENT AND CHARGES: lf the City is legally required or elects to pay any sum or incurs any obligations or expenses by reason ofthe failure, neglect or refusal of the Lessee to perform or fulfill any one or more of the conditions, covenants or agreements contained in this agreement for more than fifteen (15) days after a written request has been mailed by the City, then the Lessee agrees to pay the sum or sums so paid for the expenses so incurred, including all interest, costs, damages and penalties, and the same may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the City in the same amount and with like remedies as if it were originally a part of the rent as set forth in paragraph 8 hereof. The Lessee shall have the option to post a bond for the amount of the expense in the event the Lessee contends that such expense is felt to be excessive. 24. EVENTS CONSTITUTING DEFAULT: A. The Lessee will be considered in default of this lease if any one or more of the following events shall occur: 1 . lf the Lessee shall voluntarily abandon, desert or vacate any of the properties described in this lease or discontinue its operation at the leased premises. 2. ll any lien is filed against the premises because of any act or omission of the Lessee and is not removed or secured by bond or otheruise, within thirty (30) days after the Lessee has received notice thereof; or 3. lf the Lessee shall fail duly and punctually to pay the rental or to make any other payment required hereunder when due to the City and shall continue in its failure to pay rentals or to make any other payments required hereunder for a period of thirty (30) days after the first of the month after written requests, the date upon 1B which it is due, then City shall be entitled to avail itself of the remedy for default as provided in Paragraph 8 of this lease agreement; or 4. lf the Lessee shall fail to keep, perform and observe each and every other promise, covenant and agreement set forth in this agreement on its part to be kept, performed or observed within thirty (30) days after receipt of notice of non- compliance thereunder from the City except where fulfillment of its obligation requires activity over a period of time and the Lessee shall have commenced to perform whatever may be required for fulfillment within thirty (30) days after receipt of notice and continue such performances without interruption and except where fulfillment is prevented by causes beyond its control and except as otherwise provided herein. 5. Upon the occurrence of any such event except the event prescribed in subparagraph 3 of this section or at any time thereafter during the continuance thereof, the City, by thirty (30) days written notice, may terminate the rights of the Lessee hereunder and his letting, such termination to be effective upon the date specified in such notice. Upon the date specified in the notice, the City, its agents or attorneys, shall have the right to enter any ofthe areas described in Paragraph 2 and remove all persons therefrom forcibly or otherwise and the Lessee hereby expressly waives any further notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of the property leased. Such right of termination and the exercise thereof shall be and operate as a conditional limitation. The City shall comply with all Florida Statutes pertaining to re-entry and notice. 19 B. Wasting Or Destruction Of Property: ln the event the activities of the Lessee which are in derogation to the terms of this lease, are such as to constitute a wasting or destruction of the leased premises then and in that event, it shall not be necessary for the City to suffer the wasting or destruction of said property during the aforesaid periods of notice, but in such event, the City shall give the Lessee seven (7) days notice within which to terminate the aforesaid destruction or waste to terminate any act or practice which shall place the City or the property of any individual located properly upon the leased premises or in danger of destruction or waste. lf at the expiration of the aforesaid seven (7) days from the service of notice upon the Lessee in accordance with the provisions for service of such notice as contained in this lease agreement the Lessee has not terminated such waste of the City's property or the waste of any individual's property which may be located upon the leased premises as aforesaid, then and in that event, the Ci$ shall have the right to enter upon the premises forthwith and the Lessee shall remove himself from the premises forthwith and this lease shall be deemed canceled and terminated as of the expiration of the aforesaid seven (7) days. C. No acceptance by the City of rental, fees, charges or other payments in whole or in part for any period or periods after a default of any of the terms, covenants and conditions hereof to be performed, kept or observed by the Lessee shall be deemed a waiver of any right on the part of the City to terminate the lease. D. No waiver by the City of any default on the part of the Lessee in performance of any of the terms, covenants or conditions hereof to be performed, kept or observed by the Lessee shall be or be construed to be a waiver by the City of any other or subsequent defaults in performance of any of the said terms, covenants and conditions. 20 E. The rights of declaration of default described above shall be in addition to any other rights of termination provided in this agreement and in addition to any rights and remedies the City would have at law or in equity consequent upon any breach of this agreement by the Lessee and the exercise by the City of any right of termination shall be without prejudice to any other such rights and remedies. 25. NOTICES: Except wherein expressly required or permitted herein to be oral, all notices, requests, consents and approvals required to be given to or by either party shall be in writing, and all such notices and requests shall be personally delivered to the designated officer or representative of such party or delivered to the office of such officer or representative during regular business hours or forwarded to him or to the party at such address by certified or registered mail. The Lessee shall from time to time designate, in writing, an office within Broward County, Florida, an officer or representative whose regular place of business is at such office, upon whom notices and requests may be served. City designates the city manager and, until further notice, the Lessee,directs that all notices and requests be served or delivered to him and the City designates its'City Manager at Dania Administrative Center, '100 West Dania Beach Boulevard, Dania, Florida 33004, as their respective offices where notices and requests may be served. The notices herein required to be served shall be deemed effective and served as of the date of the registered or certified mailing thereof. 26. USES ALLOWED THE LESSEE: Lessee shall have sole and exclusive right to sell or rent in, on or from the leased premises all items which would be in compliance with present zoning for said structures including but not limited to food, beverages, including alcoholic beverages for consumption on premises, maritime equipment, sporting goods and related items, gifts and related items, tourist and related service and items and such other uses which may be 21 approved by the city commission and said approval shall not be unreasonably withheld. The City agrees to allow and permit the sale of beer and wine by Lessee on the demised premises. Lessee will not be allowed any package liquor sales. 27. ADMISSION FEES: The Lessee shall be allowed to adjust the admission fees to the Pier according to the yearly increase in the Consumer Price lndex. Such adjustments shall be made no more often than once a year and shall not exceed an adjustment of greater than ten (10%) percent per year over the previous year's admission price to the pier. Except if Lessee determines not to raise the fees each year then he shall be allowed to increase the admission fees based on a cumulative Consumer Price lndex for a three (3) year period, not to exceed a thirty (30) percent increase. Any adjustment in admission fees resulting in fees greater than those charged in nearby communities must be approved by the City Commission. The yearly increase in the Consumer Price lndex shall be measured by comparing the monthly index for the first month in which this Lease Agreement is in operation with the average most recently available prior to the adjustment. Future adjustments shall be measured against the monthly index that served as a basis forthe previous increase. The Lessee shall give written notice to the City Manager which shall state the Lessee's election to exercise the right to adjust admission prices to the pier. ln addition the Lessee shall refer to the months and indexes being used for the adjustment, state the resulting increase, and set forth the admission fees in the immediately adjacent communities. Pier admission fees as of the date of the operations first day of business are to be approved in advance by the City Commission. The Lessee shall have the further right to sponsor, by itself or others, promotional or sporting events and may be designated an official weighing station. The Lessee further reseryes 22 the right to raise or lower the sight-seeing and/or fishing admissions, based upon individual promotions. 28. PLACE OF PAYMENTS: All payments received by the City by this agreement shall be made at the office of the finance director of the City at Dania Administrative Center, 100 West Dania Beach Boulevard, Dania, Florida 33004. 29. PARKING LOT: All customers and employees of the Lessee are subject to the City Parking Lot Ordinance. However, the Lessee will be allowed to rent any number of spaces for free parking by customers and employees of the Lessee from the City at a rate designated by the City and in an area of the parking lot designated by the City. The rate and area so designated is subject to annual review by the City Commission. 30. HEADINGS: The paragraph "headings" contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this agreement. 3'1. ENTIRE AGREEMENT: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 32. PARKING METER CHANGE: As a service to all beach patrons, Lessee agrees to provide money changing for persons needing coins to operate parking meter devices. 23 33. TERMINATION: Failure of Lessee to promptly make all payments of rentals, charges and fees required to be paid herein shall constitute a default, and City of Dania may at its option terminate this lease after 30 days in writing, unless the default be cured within the notice period. Failure of Lessee to comply with any other covenants of this lease shall constitute a default, and City of Dania may at its option terminate this lease after 60 days notice in writing, unless the default be cured within the notice period, or in the event such default cannot be cured within such period of time, unless Lessee shall commence to cure same within such period of time and thereafter prosecute the work incident there uninterrupted and with diligence to conclusion. Additionally, the happening of any of the following events shall constitute a default by Lessee and should they occur, this lease shall automatically terminate: abandonment of premises or any part thereof, or discontinuation of any services or operations agreed upon herein (other than discontinuation of operations involving normal hours of closing, or resulting from the necessity to repair or rebuild), filing by Lessee of bankruptcy proceedings, plan of arrangement, reorganization composition agreement or any other proceeding under the Bankruptcy Act or other available statutes and Lessee does not secure a discharge therefrom within 30 days. - lN WTNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES:A Florida Corporation By: As to Lessee President As to Lessee 24 34. PERSONAL GUARANTY: ln consideration of the execution of the Lease by Landlord, the undersigned ("Guarantor") hereby unconditionally guarantees to Landlord the full and timely performance by Tenant of all terms and conditions of Paragraph 8 of the Lease herein relating to the payment by Tenant ofthe rent and all other sums payable by Tenant underthis Lease, Signed, sealed and delivered in the presence of: Guarantor CITY OF DANIA, FLORIDA By: Mayor - Commissioner City Clerk - Auditor (City Seal)City Manager APPROVED AS TO FORM AND CORRECTNESS By: Frank C. Adler, City Aftorney By 25 ATTEST: IV. OPENING, WITHDRAWAL. REJECTION OF PROPOSALS 'l . Ooening of Prooosals: Proposals received after the scheduled time shall be returned to the proposer - unopened. Proposals will be read aloud on April 26, 1994, 4:00 and results presented that evening to City Commission at 8:00 p.m. in the City Commission Chambers. 2. \Mthdrawal of Proposal: Proposals may only be withdrawn in person by the representative prior to the schedule time of acceptance. 3. Rejection of Prooosal: The City of Dania reserves the right to waive any irregularities or technicalities in proposals in order to award a lease as it deems in the best interest of the City or to reject all proposals. V. CONSIDERATION FOR AWARD: The CITY expects to furnish the Fishing Pier Restaurant patrons and the general beachgoing public with a quality restaurant facility, incorporating the beach atmosphere and its decor. The award of contract will be based upon the response to this Request for Proposals and conducted according to the procedures set forth below. The evaluation of the proposals shall be made using the following criteria/weight. The numbers indicate the importance the City places on each of the criteria as a percentation of a 100 point total' 1. The base rent and percentage of gross contained in the proposal and the total projected gross income of the business. 2. Value of proposed improvements to be made by proposer as specified in proposal. 3. Design characteristics which include aesthetics, architectural concept and design, function, the nature and the design of the proposed capital improvements and eventual design and appearance, the likelihood of obtaining the proper permits from state and local agencies, schedule for completion of improvements and integration of the proposed facility with the beach atmosphere and the Fishing Pier. 26 35o/o 15% 15% 4. Quality of the proposed operational concept and plan (especially as indicated in Section Vl - 7 and 8), including schedule for the facility, service implementation and food and beverage operation and integration of all these factors with the beach atmosphere. 5. Experience and qualifications of the proposer including financial capability, experience with similar or comparable operations. 1SYo 20o/o Proposers may be asked to appear before an evaluation committee of City staff, if desired by the City and shall appear before the City Commission upon request to make a presentation. Oral presentations to staff, if required, shall be for clarification purposes only. Proposers may be required to submit additional information upon request but no material changes in proposals shall be permitted. The Committee shall determine the successful proposal by grading each proposer based upon the formula contained herein. Each Committee member shall rate each responsive proposer based upon the formula contained herein and shall use this as the basis for his/her ranking. The percentages stated are for the purpose of guiding the Committee in evaluating proposals. This method shall not prohibit the City Commission from entertaining and adopting a motion to reject all proposals either before or after the evaluation is completed. The Committee shall report its findings to the City Commission who will make the final decision. Provided the City Commission does not reject all proposals and once the City Commission, by majority vote, expresses a preference for a proposal which it believes is in the best interest of the City, the City Manager shall attempt to finalize a written Lease with that proposer. The Lease shall contain alt specifications set forth herein and substantially incorporate the proposal as well as any necessary technical and implementing provisions which do not materially effect the substance of the proposal. 27 The City shall then undertake the necessary procedures in force at the time the proposals are opened to adopt the Lease. The award shall not be considered final or in any way binding on the CITY until such procedures have been completed and an ordinance incorporating a Lease adopted. A public hearing with advertised notice shall be part of the process. The City Commission shall not, as a result of expressing a preference for one proposal and having a Lease drafted, be obligated to pass the ordinance adopting the Lease. The City does, at any time prior to adoption of the ordinance, retain the right to reject all bids by motion. Failure to enact an ordinance adopting the Lease within 120 days of bid opening shall be considered a rejection of all bids. 28 VI PROPOSER'S QUALIFICATION FORM FOR THE FISHING PIER RESTAURANT DANIA, FLORIDA Proposals submitted by: (insert name in appropriate category) 1 through 3. The proposer is: 1 . Corporation 2. lndividual 3. Partnership Principal Office Address Telephone Number Authorized Representative The proposer submitting this Proposal warrants the following: The proposer is authorized to do business in the State of Florida, and if a corporation, must be incorporated under the laws of one of the States of the United States. (Proof to be required.) 29 lf a corporation, answer the following: When incorporated What state 1 . Please list operating officers and/or Board of Directors Name Address Name Address Name Address lf individual or partnership, answer the following: 1. Date of organization Name and address of each Partner: Name Address Name Address Name Address All proposers answer the following: 1. Number of years experience the proposer, making the proposal, has had in operation of a similar business. 30 2. Past experiences in operating similar business enterprises. (Aftach additional sheets, if necessary.) Business Date of operation Type of operation Location Business Date of operation Type of operation Location Business Date of operation Type of operation Location 3. List below names and addresses of landlords for the operations listed above. Operation Landlord Address ln determining the ability to perform, the Pier Proposal is concerned with the past performance and integrity of a Developer. Accordingly, Developers should provide information as to any of the following: (a) bankruptcies; (b) mortgage foreclosures; (c) pending or past litigation which would in any manner affect the ability of the Developer or its principals, stockholders or principal partners; and (d) restrictions, restraints or impositions imposed by Federal Housing Administration, Securities and Exchange Commission, etc. a. b. c. 4 )l 5. Bank References: Bank Address 6. Outside Accounting Firm Address: 7. Other firms owned by business: Name of Business Address Type o/o Owned I 8. Names of other business in which owners or partners are involved: Name of Business Address Type lnvolvement Pending or past litigation involving business or its partners/officers/owners: Plaintiff Defendant CourUAddress 10. Please attach a Financial Statement for business. 11. Source of Funds: The proposer understands that information contained in this Qualification Form is to be relied upon by the City of Dania, and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish additional information as required by the City of Dania. All information provided is a matter of public record. )1 Proposer understands that the City of Dania has the right to verifo the information submitted and may seek additional information on qualifications. ln addition the proposer agrees to personally guaranty the terms and conditions in the agreement with the City of Dania. Dated at this - day of -, 1994. WITNESSES: (Seal) Type Name WITNESSES:lf corporation or partnership: Type name offirm (Seal) Type name STATE OF FLORIDA ) SS COUNTY OF ) being duly sworn, deposes and says that he/she is the of (name of comPanY) and that the answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this _ day of 1994. My Commission Expires: Notary Public 33 VII. BID PROPOSAL ln addition to the foregoing (all bid specifications and requirements set forth herein) the proposer proposes and agrees to the following terms: TO DEVELOP AND OPERATE THE PIER RESTAURANT AND: (Check other facilities below). [] Bait shop and Pier [ ] Retail [] Other [ ] No other facilities 2 ERM OF LEASE. The term shall be years. The Lease Agreement shall have two five (5) year options for renewal. 3. MONTHLY RENT During the first year the rent shall be $-. During the second and third years of the Agreement the LESSEE agrees to pay the City of Dania an annual rent of The annual rent will then be adjusted every two (2) years with the first adjustment occurring at the end ofthe third year, based on the total change in the Consumer Price lndex for all urban consumers during the preceding two (2) years. In no event will the rent be decreased. The lessee agrees to pay the City _% of gross (less taxes) in addition to rent. Estimated gross income for the first five (5) years of operation is: 1st yr.- 2ndyr.-3rdyr 4th yr.5th yr.Total 1 4. PERMITS. TAXES. LICENSE The proposer shall, at his/her own expense obtain all necessary permits, pay all license fees and taxes required to comply with all local ordinances (except for off-street parking and other CITY site plan requirements which may be waived by the CITY), state and federal laws 34 and rules and regulations applicable to the business to be carried on under the Lease and the South Florida Building Code. Proposer shall list all licenses which may be needed for the improvements listed in its proposal. 5. CAPITALIMPROVEMENTS All capital improvements shall meet all applicable federal, state, and local requirements. (Provided that zoning requirements relative to land development issues shall not be applicable to this City property.) All improvements shall be planned in conjunction with state regulations and the ability to receive required permits be reasonably assured. LESSEE shall bear all costs associated with such permits and improvements and shall spend a minimum of $150,000 on improvements (not including permit costs) to the exterior and interior of the restaurant. Optional additional amount to be expended on Pier Operation (Baitshop). LESSEE plans to spend a minimum of $on capital improvements. ln addition the LESSEE will be required to reimburse the City for the cost of floor and foundation used exclusively by the lessee at the approximate cost of $23 per square foot. Drawings and renderings and descriptions of sufficient detail to accurately depict the proposed improvements (both interior and exterior), equipment to be installed, colors to be used and eventual design and appearance ofthe restaurant and signage and all appurtenant facilities are attached. (Please attach) The successful proposerwill be required to complete the structure in substantial conformity with all renderings, drawings and descriptions submitted. The CITY reserves the right to require minor modifications relating to the design, materials and signage of the restaurant facility and to change the proposed color scheme. 35 Describe the approximate customer service area (the area where patrons and the public will be permitted access) including square footage and the approximate locations and the number of seats and tables for patrons. 6. TIME FRAME a. Within _ days of an executed Lease Agreement schematic plans, design development plans and working drawings shall be submitted to the CITY for review and approval. The CITY review shall be completed within sixty (60) days of receipt. b. Proposed capital improvement work, as outlined and approved, shall be completed in _ days from the Notice of Commencement issued by the CITY. (This estimate should be based upon the assumption that continuous work will be permitted once state and local permits are issued.) 7. MANNER OF OPERATION LESSEE shall keep the eating facilities reasonably stocked and reasonably staffed to serve the patrons thereof, and LESSEE shall maintain a standard of quality food and beverage service, and cleanliness of premises at least equal to similar operations in the area, at reasonably comparable prices. All personnel shall be courteous to the public and patrons. No other business shall be conducted on the premises other than the operation of a restaurant, pier and associated operations. The pier facilities, if operated by the LESSEE, shall be open 24 hours a day seven (7) days per week. 36 Restaurant shall be open a minimum of eight (8) hours per day. LESSEE plans to open - hours per day and a total of - hours per week. Sunday A.M. to P.M. Monday A.M to P.M. Tuesday A.M. to P.M. Wednesday A.M. to P.M. Thursday A.M. to P.M Friday P.M. Saturday A.M. to P.M. RESTAURANT. PIER & BAITSHOP. ln your description please include a discussion of: a. The type of menu items to be offered (including but not limited to whether there will be separate breakfast items offered); b. The type of equipment to be used in its preparation; c. The manner in which the food will be offered for sale and served (i.e. waiters, pick-up counter, combination of both); d. Any special themes or amenities to be offered to enhance the patrons eating experience; e. Pricing policy; f. Alcoholic beverage policy, including but not limited to whether you intend to serve alcoholic beverages, the hours of such service, existence of a bar, type of beverages (i.e. wine, beer, liquor), and manner of service. lndicate if you have an alcoholic beverage license, the type of license, or describe your ability to obtain said license and the type of license you intend to obtain. g. Any measures you intend to take to establish a drug free work place. h. lndicate size and manner of operation for the bait shop, other retail space and fishing pier. 8 A.M. to- DIE DC DANIA ECONOMIC DEVETOPMENT CORPORATION '1399 Sllrllng Rood P.O. Box 694 Donio, Florido 33004 (305) 92,r-70s0 MEMORANDM4 TO: FROM: THRU: Jerry Carter' Executive Director Danla Ecoaomlc Development Corpo Loretha Walters, President Danla EconoDlc DevelopmeEt Corporatlon .H',-""'Jtttd ! II u PURCHAS ING SUBJECT:Request for waiver of I1ens owing on Lots 4,5,6 and 7, A K Wlxson S/D 16-1 DATE :January 4, L994 Danla Ecoaomlc DevelopEent Corporatlon (DEDC) 1s herelrlth requestlng the City Comlsslon of the Clty of Danla, FlorLda, to release the I1ens encumbered by the City oo the above-referenced 1ots. DEDC is proposing to have the PlaE of the above aoted four lots nodifled pur- suant to the attached sketch which rril1 constltute a change to three parcels thereby achlevLng total square footages greater that slx thousand (5000) for each of the three lots. I{e appreciate the Cityts contlnued support of DEDCTs efforts to Provide af- fordable housing and economic growth oPPortunttles for all resLdents of the Clty of Danla, and we ask that you give favorable consideration to thls re- quest. Thank you. cc: Board of Dlrectors of Dania Ecouoaic DeveloPment CorPoratlon File Alox Exempt, Not-ForProflt, Hoildo CoDorolion Danla Clty Conmlsslon I I I ,I W, THIRD STREET I Its I nttttn I ILOI I'I I I I I I t5 I t0r tl _) II I I I ror r0 I ttn---------7 I @ I I I143. 63', I$sii I si I actE, t'.50' 102.61'I ror , I F I I 1 Ircl ? I 6566 s' f. 131,39', 6s66 3 f. I 17. 89' 6556 .t F. LJ I I I It- !--1I I CITY OF DANIA INTEROFFICE MEMORANDUM TO Robert Flatley, City Manager FROM: Charlene Saltalamacchia, City Clerk Department RE:Outstanding liens/fees -213 & 225 NW 8 Avenue Lots4,5,6andTAKlMxon DATE: January 14,1994 The following is an estimate of fees and liens owing on the above-referenced lots: Folio Number - 0234-20-003 Lot 4 A.K. Wixon Owner - Marion Span (Unsafe Structure/mowing liens) $5,716.30 0234-20-0031 Lot 7 A.K. Wixon - Owner - DEDC (Unsafe Structure/mowing liens)$5,697.25 0234-20-0032 Lot 5,6 A.K. Wixon - Owner -DEDC $ 143.88 Estimated Total $1 1,557.43 I 2A 54 55 60 62 63 64 65 66 80 82 83 28 54A 61 6sA 658 66A 80A 888 't03 't04 5042 34 06 01125X100EAST OF 404 N.W. 3 ST 2@ 25X100 EAST OF 404 N.W. 3 ST 5042 34 06 010 41X112 NORTH OF 209 N.W. 8 AVE 50423420003 41X112 NORTH OF 209 N.W. 8 AVE 504234 20 003'l 2@ 41X112 NORTH OF 209 N.W. 8 AVE 50423420 0032 25X100 5042 34 06 061 3@ 25X100 N.W. CORNER OF N.W. 3 TERR. & N.W. 4 AVE 5042 34 06 041 3@ 25X100 S.W. CONER OF N.W. 3 TERR & N.W. 4 AVE 5042 34 06 014 3@ 25X100 S.W. CONER OF N.W. 3 TERR & N.W. 4 AVE 504234 06 015, 0'151,016 25X100 WEST OF 416 N.W. 3 TERR 5042 34 06 035 2@ 25X100 EAST OF 509 N.W. 3 TERR 504234c6022 2@ 25X100 WEST OF 509 N.W. E TERR 50423/c6024 25X100 EAST OF 514 N.W. 3 TERR 5042 34 06 0300 25X100 EAST OF 514 N.W. 3 TERR 504234 06 0290 2@ 25X100 7OO BLK OF OLD GRIFFIN RD 50423414 034 40x108 N.W. CORNER OF N.W. 2 ST & N.W. 4 AVE 50423401032 40x108 5042 34 01 033 3@ 25X50 N.E. CORNER OF N,W. 3 ST & N.W. 5 AVE 5042 34 06 008 3@ 25X50 N.E. CORNER OF N.W. 3 ST & N.W. 5 AVE 5042 34 06 009 25X100 EAST OF 720 N.W. 3 ST 5042 3414 0580 3@ 2sx80 NORTH OF 113 PHIPPEN RD 5042 34 30 015, 016, 017 NORTH OF 110 PHIPPEN RD 5042 34 05 001 3@ 25X80 SOUTH OF 113 PHIPPEN RD s04234 30 020, o21,022 I $ 212.50 442.50 5716.30 5697.25 143.88 669.53 21U.85 237.50 212.50 329.63 265.80 '!95.00 258.00 278.00 105 WEST OF 407 N.W. 3 PLACE N.E. CORNER OF N.W. 2 ST & N.W, 5 AVE 40x100 louo #stzc tocnflox NORTH OF 157 PHIPPEN RD 50423/. 30 023, 024,025 3@ 25X80 5142 03 10 154 2@ 35X88 LOT BETWEEN 1486 & 1496 PHIPPEN RD souTH oF 207 s.w. 11 sT 5142 03 39 00130x85 40x92 EAST OF 28 S.E. ,I2 ST 5142 03 08 009 N.W. CORNER OF DIXIE HWY & SHERIDAN ST 40x89 4@ 25X100 NORTH OF 137 S.E. 1 AVE 5042 34 18 026 44X127 S.E. CORNER OF DANIA BEACH BLVD & S.E. 2 AVE 50423428 001 1@ 40x127 & 4@ 20x127 S.E. CORNER OF DANIA BEACH BLVD & S.E. 2 AVE 50423r'.28m'2, 03, 004, 005, 006 48X119 1ST LOT WEST OF 2'14 S.E. PARK ST 5042 34 't0 0050 2ND LOT WEST OF 214 S.E. PARK ST48Xl 19 5042 34 't0 0040 48Xl 19 LOT EAST OF 214 S.E. PARK ST 50423410 0070 4@ 25X137 504234180010 40x"150 EAST OF 230 S.W. 3 TERR 5142 03 26 054 2@ 25X137 + WEST OF 1,I5 S,E. ,I TERR 5042 34 18 002 4@ 25X100 S.E. CORNER OF GRIFFIN RD AND N.W. 6 AVE 5042 34 06 051 3@ 25X100 S.E. CORNER OF N.W. 6 AVE & N.W. 3 PLACE 5042 34 06 0500 25X100 5OO BLK OF N.W. 3 PLACE 5042 34 06 0490 2@ 25X100 5OO BLK OF N..W. 3 PLACE 5042 34 06 0481 CltY [or# 106 1U 146 151 COMM 151A 't59 COMM 1U COMM 165 210 211 212 142 160 FPL EASEMENT 189 60A 608 60c 2@ 25X100 209 CNY tcH $ 2385.00 156.34 8'tA WEST OF 335 N.W. 5 AVE 8042 34 06 0480 't56.34 5142 03 15 001 1OO BLK OF S.E. 1 ST 336.10 t/ tltrt r I F L I I Ir 6 0/l \,/./ I e F A a os '!E u 9r lli o t l rl .,f 66 tl ZZ 0tI r ,t :----JE EI trE -d_ o i( , 0t tl S e $ 'l I 3l c (r td jt ,b'uz-l (r t t f :7d (NU t n ,z s f I { I 1 i j ,l I lt 1 I .,i I I I sI! J Ito i t lhtl e, o14I J 10(zato ,\e r\41 U Z.rA-. I rB$'lt .l t\ rq/, I z Li, 1 -l i I Itl a t J I 0t I n6 , I 0/€/ q gi(!( 6 \z G 0/ i 6 E 9/ ZZ t, Z I €/ 6 t Z 9 ot I t fr t z I t,/€/ i f tl I € I fzj lD fr € 7A EE!ffi It II ,/ I 'l0t II F !tl & =ar ! 6 , I T ,i , ?-J D.Dotz 'rr. S-\8(3 [: I )a (xuva) ,d ",a I a o) t t r $lc 4 4I {f Jt -t E i -t I I I I I I II tr ['-t I I r J B I emeter/rq rl tr a ,t T.?.l.TT t24' 4lJAj !l 7 o .0) k I I I F at*i -+* t-l J ) I s lls FAR ^I ll taoo l]' <a I ! 0G g3r 2l I I z + I 8'r: 4 )'r'rVrr.r- ! rr.L trr ^s"+--+._r.a ra _tHt itolt --G !.l-r-fo r- r-J_r -rT..?-TTl-rg BEND1ll!!l-I1r IIT TSTA rl! rT7'TotTTrTr, //ywood ooM f city of Ho stt. I -t -t"!- r -)-- J_. L-Lso ,i FLI]. r'_ __ tg ?r'r ^J r ul..T'T'T ' T"larsat 2/23 24 SHERMAN /3 I t L. 19!9 Tt\ !6 I3! DE_LT il st+ ,rl I 7 .7 D II t2 t0 I frj 3 t; H ,/: /9 I Centra/ Bank & lr Co of Miamt -?/2 97 5 T 7 rT.T. ,25 9Z J t3 I I 2q la {t + I I ,,jo,rfe r// E 44 tr I 29 v 0t3I7 o3 IQ I 0 t/3 t 7 t E E[-IIa Waflt6 /J gl D 2 IE2/nfr ?nIII I a aI I I 2 I n t/6 sl.dlr t9 t I//t I 7* * 5 /5 E; -+_ I I lll II I t luI t- t L 11, I I s l& 04, I4t ll €vorrl I I II 'l u I DI 5l I I I ? I I zt tt ttlIr ltlI b,l llr F+ +9tI.if,I r lll I I II I I I N. tr/.3 ,fi I I It + lltl,!, I I td tr14,s I s I t9 I I 7tJ1 -/) I /2D O/5t -7 r I I.J r: H ItoV 3u /7 /t /9 t20 221 2/ I d.23trr-t r - z sl -l I_ ?NAY)-+- ti ;t (2.r.6t) xorr) { Wult vy' t3t L ER q '4i,.D r' ?8/.t /zt Tania x.w.3 n I I-t\ I u q t I oi a rI W ! J lt \i ( o t 2ll &). l, ._;__-- - -- , o( hz ST -2-rr- 4q I 3,a r tIa.ii /3 _1 I I o S 1'$r & ,_40 a/-l r-i,-f r-- L o t|| 1r5 r-1 kr! : II.l I I I I I -t trI I I tgl I I I I I I ll I I I u I I I I I I I Ilt litl rlll I I I I I .p l':rEl EI t\r)- '-- c r. c + AV \ a a S\ N\ ,o t (t 7 s s I 5 IJ A l\ o\N \ + \ qql' s/8! a. ) 0 4v Ay AV A 50 \I .l- r Itrlg 6 s v o { o-rl f''-rz -l\.-r s w 4t 3 a *t s.w. e a .t0(, :! D @r I aJ I aJ I I D 'J ea lrlI z 'ti iI \ t \bt:/9 EI {EiHi 'I il;*Elal[u e) .1. b al\ at I zo . ,.i; \ o \ I \ \ i \ \rt\Et h I n.D - g ts .w. d t N $r l1Y\B - 6 n 0 o. \0 \ a n-t'- t, I I I I RO I I t-I I II'| ..r la t-l ,| I I I rWP,(tS.RG.+ZL. PIRK I 50 A 2+ \ d =s) ,ltl sr q I L\(r illt .' l'| .1.,! { lr>t = HI J,$ ) 50 L_60 I Tnta 60 r3 .e rd,r -k ]t'd E6S , s T.Is a ,+t ,d sr t IE$r H*- IF .1 +sT $(t U ) t xUlrIu u 0o/7 /0 60 a -lGI { I trri r EI t \ tr 0A Oe E/asro iltr a 6' 7t t I i I 1 I IH E 5S /1 I fltY ffimffi!i ffi ffiHHEEITil ffiffiffi I3 c H xc .pi2 F \L1 at I-vl ,)IZ o frli! uru HM'EZEEE iIt WE lE /e ffi E!,IE E D EEcf.o I n ,ttr 7 wilE!I57 IIt9 E] B ill D trtI J o 0 E tr j /rfttt ,t') ?\d!!16' '' L1*4 I I I I I I I I I a _! /3tl/7 I I ffi tll I \ f B 5 EI a ri- - - lt tz rl ro ttt0 7 !t l:/sT e X r r rr: G/3 rt) 7 /0 1 .t +.l 60 s !J4 iE r6 B r9 ,t tt ;5s t 5 PENNA F l s r+ *r' ) I J $ rdi a.o ) 7 E -J-I - r)-r&r l-Sk +t6b_.!r--J- -r -I 50 li 0t 5 HOLLYWOOO LINC N- MER CURY S B )o tl 0 o ,4 9 Ltl rto 5ra LI 5 \ r6(S- .-t p( I I I fi zrl 'l /q lzl -1 s € lt Ill 6 B t0 II t? D tr ,J7 t5 //9 ? I I D /z /4rt 1Z 5 a!TI// fr 0 \,," I rAxrNC a.:r ?l tiI I ltt t Tl. r, oag TA. //wd linc - ltlerc , SUTGER /oc I I /a5 r ,ti THO n F I ! II I I II I I tr-llurl ,t-,?.t &. I l I ! n t \ r l-.t o E. OANIA BEAGH -B seE PA R X a s- e .l-+ u s. E.I rp ' + ) . t--------) 1 l- v G)O' Dania crfrlg ST. RT CLUB OUS E \i,\ g * t, 1t $ 4f ST s1 - o Y 1),!{ a R50 1l) tr\f 45 $\ to , + .q $ o TER.R , ,4, -X'-:- - D an7 ut(: E 0. 4) I HOTE 2r5 b4l v.,l b&tl I I vILLA HESUOSA llI'[! i I I 2 75 z0 7 tr /7 t 3I53,l I il lu /4 I I I /87rdt4U8 6 .s i $ Pon Llj /3/3 .5 ---t- l-TW P.S. RG ZL,5E 2 TWP. 5I S. RC I --.+.- ff Clty of Dania Brouard County property RecordU 04 Folio 5042 34 06 0110 Address 4Og m{ 3 STLegal PB 3\76\A\19 oR BooKOi,neT ADDERLY, LEOLAAddress 41o Nw 3 TERR ot/621 DANTA FLA 33004 Deed History lor 93 AssessDentLand $ 3,250BldgTota1 $ 3,250 93 Tax Year Yr Blt00 Exenptions$ 3,250Taxes $ 86.99 SLUC/CLUC Oo / --zn 0Ui143 SLUC Descvacant Residntl CLUC DescItlunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 25.000 FLivlAdj Legal Inforrnation HANSEN & NELSON SUB 3-76 D LOT 19 BLK A ADDERI,Y, LEOI,A 01/62 Ot I 0 I Lo+ ,A city of Dania Broi{ard county Property Record U 04 Folio 5042 34 06 0100 Address 410 Nw 3 STLegal PB 3\76\A\17 oR BooKOuner ADDERLY, LEOLA Address 410 NW 3 TERR DANIA FI"A 33004 Deed History or-/62|lor 93 AssessmentLand $ 6,500 BldgTotal $ 5,500 93 Tax Year Yr Blt00 Exernpti ons $ 6,500 Taxes $ 173.95 Legal Infornation HANSEN & NELSON SUB 3-75 D WT L7,18 BLK A ADDERLY, LEOI,A 01162 01 $ SLUC/CLUC oo I --Zn olt{i143 SLUC Descvacant Residntl CLUC DescMunic DaniaBlds/Units OlOBed/Bth/Hf ololoLot Size 50.000 FLiv/Adj 0 I Lclt'l city of Dania Broward County Property Record U 04 Folio 5042 34 20 0030 Address 213 llw 8 AVELegal PB 16\1\\4 oR BooK Orrner SPAN, UARION Address 820 NW 27 AVE FT LAUDERDALE FL 33311 o970L 0547 Deed History 03l811 $100 lo1 93 AssessnentLand S 9,370 B1d9Total I 9,370 93 Tax Year Yr BIt00 Exernpt ions$ 9,370 Taxes $ 25o .7 5 LegaI fnformaCion A K WIXON SUB 16-1 B LOT 4 SPAN,I,IARION o97OL-o547 O3l81 01 w $ SLUc/cLUc oo / --zn 0l,ti1{3 SLUC Descvacant Residntl CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 4L.740 FLiv/Adj 100 $ 5tl*City of Dania Brohrard county Property Record Itr 04 Folio 5042 34 20 0031 Address 225 NI{ 8 AVELegal PB 15\1\\7 oR BooX 20797 o73LOwner DANfA ECONOI.IIC DEV CORP Deed HistoryAddress 1399 STIRLING RD O6lnl $ roo IDArrA, FL 3ooo4 od/gtl $ roolot lstl $ l, ooo I 94 00 11 93 AssessDentLand $ 5, 850 BldqTotal $ 5,850 93 Tax Year Yr Blt00 Exenptionss 5,860 Taxes I 155.83 Legal fnfornation AK I,IIXON SUB 16-1 BT,T 7 SPAN, UARTONo986L-0424 01 GERARD W A WASSELE UD PA PROFIT 78282-0620 03/91 11 TX s 4000 DANIA ECONO!,IIC DEV CORP 2O797-073t 06/93 94 QC $ 1Oo SLUc/cLUc oo I --Zn 0Ui143 SLUC Descvacant Residntl CLUC DescUunic DaniaB1ds/Units oloBed/Bth/Hf ololoLot Size 45.040 fLiv/Adj Lo't 55 Brorrard county PropertY Record t{ 04 Folio 5042 34 20 oo32 Address 221 Nw 8 AvE Legal PB 16\1\\5 OR BOoK 20489 0151 Owier DANIA.ECONOI{IC DEV CoRP Deed History Address 1399 5TIRTING RD o3/%l$ r2,oool DANTA, FL 33004 03/93'$ r2,00oJr7l84l I roo; 93 AssessEentLand $ 11,260 Bldgfotal S 7L,260 93 Tax Year Yr Blt00 Exenptions$ 11,250 Taxes $ 301.33 Legal Infonnation AX WrXON StB 16-1 Brrt 5,5 I{ATERS MTGE CORP 12t45-O276 11/84 01 CT s DANIA ECONOI{TC DEV CORP 20489-0151 03l93 91 WD $ City of Dania sLUc/cLUc oo / --zn oui143 SLUC Descvacant Residntl cLUc Desc!,tunic DaniaBlds/Units OIOBed/Bth/Hf ololo Lot Size 85.650 F Liv/Adj 91 00 o1 100 12000 Ld @o City of Dania Brouard county Property Recordtt 04 Fo1io 5042 34 06 0510 Address 410 l{w 3 PLLegal PB 3\76\c\24 oR BOOX 20347 0358osner BESNER,HILDA TR Deed HLstoryAddress o2/*l$ roo Io2/e3l$ rool o6l8s | |ot 1e+l$ a, ooo I93 Assessment sLUc/cLUc 861--zn ol,Iil43Land S 3,250 sLUc Descother county GvBldg CLUC DescTotal $ 3,250 t[unic Dania 93 Tax Year Yr Bltoo Blds/units oloExenptions Bed/Bth/Hf o lolo$ 3,250 Lot Size 25.000 F Taxes $ 86.99 Liv/Adj Legal Infonnation HANSEN & NELSON SUB 3-76 DI'T 24 BLK C 94 94 o2 00 BESNER, JACX TR l25OO-0499 06/8s 02 W s BESNER, JACK 2O347-O3ss O2/$ 94 rD s BESNER,HILDA TR 20347-03s8 02/93 94 WD s 0 100 100 $b city of Dania Brosard county Property Record l,t 04 Folio 5042 34 06 0410 Address 407 NW 3 PLLegal PB 3\75\8\2? oR BooKOwner llc CUTCHEON, NELSON Address 350 Sw 4 ef DANIA FLA 33004 93 AssessDentLand $ 5,700Bldg I 67,340Total $ 73,040 93 Tax Year Yr BIt79 Exemptions$ 73,040 Taxes $ I ,954 .7 5 Legal fnfornation HANSEN & NELSON SUB 3-76 D LAT 26 W 20,LOT 27,28,29 BLK B uc cUTcHEoN,NELSON SLUC/CLUC OL/ OtZn oui143 SLUC Desc Single Fanily CLUC Desc. SF Resl,lunic DaniaB1ds/Units tl]-Bed/Bth/Hf ololoLot Size 95.000 FLivlAdj 2,925/3,5t4 Building Infonnation01 3,5L4 Extra Features Porch/ PatioSsinming PooI Lotb>City of Danla Brorrard county Property Recordll o4 Folio 5042 34 06 0140 Address 405 Nw 3 TERLegal PB 3\76\A\24 oR BooKOwner SIBERT,D & sUsIE Address 254 Nw 34 AvE FT f,AIJDERDALE FI,A 33311 93 AssessDentLand S 9,430BldgTota1 S 9,43093 Tax Year Yr BIt00 Exenptions$ 9,430 Taxes $ 252.37 LegaI Information HANSEN & NELSON ST'B 3-75 D r_oT 24,25,26 BLK A SIBERT, D & SUSTE SLUC/CLUC oo / --Zn 01.ti143 SLUC Descvacant Residntl CLUC DescMunic DaniaBtds/Units oloBed/Bth/Hf olo/oLot Size 72.500 F Liv/Adj City of Dania Broward County Property Recordu 04 Folio 5042 34 05 0150 Address 407 Nw 3 TERLegal PB 3\76\A\27Ouner BESNER,JACK TR AXA AddTess BESNER,JACOB U TR & BESNER,H TR 2405 AQUA VrSTA BLVD FT LAUDERDATE FL 33301-1547 oR BOOK 18874 0517 Deed Historyro/etl $ roo Io1l8e | $ z, ooo IL2/88|$ Z,oool 11 11 00 93 AssessmentLand S 3,250 BIdgTotal I 3,250 93 Tax Year Yr B1t00 Exenptions$ 3,250 Taxes $ 85.99 Legal fnformation HANSEN & NELSON SUB 3-76 D I.OT 27 BLK A TAYIOR,JA.I{ES JR06309-0961 01 BESNER, JACK 16124-0345 01/89 11 WD s BESNER, JACK TR AXA L8874-O517 10/91 11 WD $ sLUc/cLUc oo / --zn 0ui143 SLUC Descvacant Residntl CLUC Descunic DaniaBlds/Units OIOBed/Bth/Hf ololoLot size 25.000 FLivlAdj 2 000 100 ,j+ b3 d b3 BI"ylId County property RecordIr{ 04 Fotio 5042 34 06 0151 lair"is-l6g Nw 3 TERLegal pB 3\76\A\28 oR BooKOwneT BESNER,HILDA TR City of Dania sLUc/cLUC OO / --Zn oMil43SLUC Descvacant ResidntlCLUC Descllunic DaniaBLds/Units O/OBed/Bth,/Hf o/o'/oLot Size 25. OOO FLivlAdj 20347 0358 Deed HistoryAddress02/93 02/93to/9t oL/8e L2188 100 100 1002,ooo 2,OOO s sI $ $ 94 94 11 11 00 93 AssessnentLand S :,zsoBldgTotal g 3 ,2So93 Tax Year yr BITOO ExeDptions$ 3,250Taxes g 8G.99 Legal fnfonnationHAUSEN I NELSON SUB 3-76 DIOT 28 BLI( A TAYIOR, GEORGE05011-0245 01 BESNER, JACK16t24-O349 01/89 tLBESNER,JACK TR AKA18874-0517 1Ol91 11BESNER,JACK 20347-0355 02/93 94BESNER,HILDA TR20347-0358 02/93 94 r{D $ wDs TDS nD$ 2000 100 100 100 I I i I I II I I I Lo+ 1lc City of Danla Broward CountY ProPertY Record H 04 Folio 5042 34 05 0150 Address 411 Nw 3 TER Legal PB 3\75\A\29 oR BooX 20 OTTneT BESNER,HILDA TRAddress 02193 02le3to/97 oL/8e 93 Assessment SLUC/CLUC oo/--Zn OUi143 Land $ 3,250 sLUc Descvacant ResidntL Bldq cLUc Desc Tot;l $ 3,250 uunic Dania 93 Tax Year Yr B1t0o Blds/Units OIO ExemPtions Bed/Bth/Hf O/o/o $- 3,250 Lot size 25.ooo F Taxes $ 85.99 Liv/Adj 347 0358 Deed History l$ Is ll 100 100 100 2, 000 94 94 11 11 Lega HANSEN & NELSO LOT 29 BLK A nfornation I,.rB 3-75 D 1INS CI'RE, BI,ANCHE05880-0373 01 BESNER,JACK 16124-0351 01/89 11 BESNER, JACK TR AXA 18874-0517 1ol91 11 BESNER, JACK 20347-0355 02193 94 BESNER, HILDA TR 20347-03s8 02/93 94 wo$ wo$ ro$ wo$ 2000 100 100 100 Lrt+t.t Brol{ard county Property Record u 04 Folio 5042 34 05 o35o Address 418 l{l{ 3 TER Legal PB 3\76\8\17 oR BooK Owner J&VSfDNEYINc Address 3725 NI{ 11 AvE UIAIT{I FL 33127 93 AssessBentLand $ 3,250 BldgTotaL $ 3,250 93 Tax Year Yr Bltoo ExemPti onss 3,250 Taxes $ 85.99 City of Dania SLUc/cLUc ool --Zn 0MiI43 sLUc Descvacant Residntl CLUC Desc}lunic Dania B1ds/Units oloBed/Bth/Hf ololo Lot Size 25.000 F LivlAdj t7033 0529 Deed History o4l8e I s 1oo 111 Legal Information HANSEN & NELSON SUB 3-76 D LOT 17 BLK B RANGE, JOSEPHINE S J&VSIDNEYINC ]-7o33-O52s O4l89 11 QC $100 l,ol-, Urs City of Dania Broward county ProPertY Record tl 04 Folio 5042 34 06 O22O Address 507 Nw 3 TER Legal PB 3\75\A\38 oR BooK Ormer CHEEKS,RUBY H Address 15L NW 7 AVE DANIA FI.,A 33004 07644 0587 Deed Historyo6l78l$100 lo1 93 AssessnentLand $ 6,500 Bldgtotal $ 6,500 93 lax Year Yr B1tO0 Exenptionss 5,500 Taxes $ L73.95 Legal Infornation HANSEN & NELSON SUB 3-75 D LOT 38,39 BLK A CHEEKS,RUBY H 07644-0587 o5l78 01 W sLUc/cLUc ro I --zn 0tti143 SLUC Descvacant Coumercl CLUC Descltunic DaniaBlds/Units OIOBed/Bth,/Hf ololo Lot size 50. oo0 F Liv/Adj I 100 Lolw City of Dania Brohrard county ProPerty Record t{ o4 Folio 5042 34 06 0240 Address 515 NW 3 TERLegal PB 3\76\A\42 oR BooK ouner WTTHERSPOOI{, R A t I.{AYE G Address 510 NW 3 TERX DANIA FI,A 33004 oel5e | $ Deed History 2, OoO I o1 93 AssessnentLand S 6, 5OO B1d9Total $ 5,500 93 Tax Year Yr Blt00 Exenpt ions$ 5,500 Taxes I L73.95 Legal Infornation HANSEN & NELSON SUB 3-76 D r.aT 42, 4 3 BLK A WITHERSPOON,R A T },IAYE G 09169 01 W $ SLUC/CLUC LO / --Zn o!.{i143 SLUC Descvacant Col[Iercl CLUC Desctitunic DaniaBlds/units OloBed/Bth/Hf ololoLot size 50.000 F Liv/Adj 2000 w+btfr U 04 Folio 504Legal PB 3\7osner coLLIN Address 22 SW 23 5\BSrll5A city of Dania Brouard county ProPerty Record 4 06 0300 Address 510 Nl{ 3 TER \8 oR BOOK S & ANITA LvE oelsel Deed History l01 DANIA FI.A 33004 Building Infornation01 480 93 Assessment sLUc/cLUc oll,Lzn 0t'lil43 Land $ 3,250 SLUC Desc Single FaDilY BIdg I 2,280 CLUC Desc SF Resiotir i s,s:o uunic Dania 93 Tix Year Yr Bit35 Brds/units Llo Exenptions Bed/Bth/Hf -- 3lLlo s- 5,530 Lot size 25'000 F Taxes I 148.00 Liv/Adj 435/480 Legal fnfornation HANSEN & NELSON ST'B 3-76 D I,OT 8 BLK B coLLINS,tls&ANITALo9ls9 01 w $0 LoYulo city of Dania Bror.rard County ProPerty Record H 04 Folio 5042 34 05 0290 Address 512 Nw 3 TERLegral PB 3\76\8\7 oR BooK Osner COLLINS,U S & ANITA L Address 22 SW 5 AVE DANTA FI,A 33004 Deed Historyoe/5el lor 93 AssessnentLand $ 3,250 Bldgfotal $ 3,250 93 Tax Year Yr B1t00 Exernpt ionss 3,250 Taxes $ 86.99 Legal fnforuation HANSEN & NILSON SUB 3-76 D LoT 7 BIJ( B col,I,rNs,!,ts&ANTTAL09/59 01 t{ s SLUC/CLUC OOl--zn 0Ui143 SLUC Descvacant Residntl CLUC DescUunic DaniaBlds/Units ol0Bed/Bth/Hf ololoLot size 25. o0o F Liv/Adj 0 b+ bbl clty of Dania Broward county ProPerty Record t{ 04 Folio 5042 34 14 0340 Address 522 NW 4 ST Legal PB 1O\53\4\t oR BoOK Orrner JACXSON, VERoNICA RENAE Address 2o7 SW 12 AVE DANIA FL 33004 o5l8s | $ o3l8e Jso1l87ls 100 100 100 11 00 11 76437 0689 Deed History 93 Assessment SLUc/cLUc oo/--Zn 0ui143 Land $ 6,500 SLUC Descvacant Residntl Bldg CLUC Desc i"tir S 6,500 t{unic Dania 93 Tax Year Yr BITOO Blds/Units Olo ExenPtions Bed/Bth/Hf O/OIO S- 5,500 Lot Size 40'380 F Taxes I 173.95 Liv/Adj Legal Inforrnation DANIA I.TANOR CoRR PLAT 10-53 B W50OFE275OFBLK4 PARRISH, SEPHRONIA JACXSON,VERONICA RENAE & 14088-0048 01/87 11 WD $ JACKSON, VERONTCA RENAE 1643?-0489 O5l89 11 QC s 100 100 lb \ 6D city of Dania Broward county ProPerty Record trl O4 Folio 5042 34 01 0320 Address 201 NW 4 AvE Legal PB 8\49\3\24 oR BooK Orrner CHAUBERS,EUNICE AddressPOBOX2Tl FAIRBI'RN GA 3 0213 93 AssessmentLand $ 7,590 BldgTotal $ 7,590 93 Tax Year Yr BIt00 ExemPtionss 7,590 Taxes $ 203.13 Legal Information TOWN OF DANIA B-49 D IOT 24 BLK 3 CHAITBERS, EI'NICE SLUC/CLUC ool --ZD 0ui143 sLUc Descvacant ResidntL CLUC Descl{unic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 58.420 F Liv/Adj %!^ ljl 04 Folio 5042 X4 01 0330 Legal PB B\49\3\23 Osner CHAIIBERS, ESTHER D Address 890 CoNLEY RD APT 15 FORTST PARK GA 3 OO5O City of Danla Broward CountY ProPertY Record Address 202 NI{ 5 AvE OR BOOK Deed History 07 / 641 lor 93 AssessnentLand I 7,590 BldgTotat I 7,590 93 Tax Year Yr Bltoo ExenPtionss 7,590 Taxes $ 203.13 Legal Information TOWN OF DA}IIA B-49 D LoT 23 BLK 3 CHAMBERS, ESTHER Do7l54 01 0c s sLUc/cLUc oo I --Zn 0l'1i143 sLUc Descvacant Residntl CLUC DescUunic Dania Blds/Units olo Bed/Bth/Hf ololo Lot Size 58.420 F Liv/Adj 0 I"l 6> Brosard county ProPerty Record U 04 Folio 5042 34 05 ooSo Address 420 Nw 3 sT Legal PB 3\75\A\1452 oR Boox Olrner TAYLOR, RoBERT Address 13613 12o ST N LARGO FI.A 3 3 54 O 05956 0475 93 AssessmentLand S 5,390 BldgTotal S 5,390 93 Tax Year Yr B1to0 ExemPtionss 5,390 Taxes $ 171.01 sLUc/CLUC OO I --Zn Ol.li143 sLUc Descvacant Residntl CLUC Desctlunic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 49.150 f Liv/Adj Legal Infornation HA}ISEN & NELSON SUB 3-76 D roT 14 S1/2 LESS ST,15 S1/2, 16 S1/2 BLK A fAYLoR,ROBERT 05955-0475 01 City of Dania lr\ 83 city of Dania Brorrard CountY ProPerty Record H 04 Folio 5042 34 05 oogo Address 418 NW 3 ST Legal PB 3\76\A\14N2 oR BooK 19133 0128 Owier TAYIOR' RoBERT LEoN Deed History eaa.."= 13513 i2o sT N otlgzl$ 3,oool11 I"ARGO FL 34648 93 Assessnent sLUC/cLUc ool--Zn 0l'ti143 Land $ 5,740 SLUC Descvacant Residntl BIdg cLUc Desc iotil S 5,?40 uunic Dania 93 Tax Year Yr Bltoo Blds/Units Olo Exernptions Bed/Bth/Hf .. ololo $- 5,740 Lot Size 44'150 F Taxes I 153.63 Liv/Adi LegaI Inforrnation HANSEN .E NELSON SUB 3-76 D r.oT 14 N1/2 LESS ST,15 N1/2, 16 N1/2 BLK A WARREN, HENRI ETTA05880-0374 01 TAYI-R, ROBERT LEO}I 19133-0128 O1l92 11 t{D $3000 Q+ 0b.F City of Dania 93 AssessmentLand $ t,soO B1d9Total $ 1,50093 Tax Year Yr BItOO Exenpti onss 1,500Taxes $ 40.15 LegaL fnforrnation DANIA }.{ANOR CORR PLAT 10-53 B I,OT 5 BLK 5 TOLEDANO, FLORENCE 10321-0538 07182 01 T s SLUC,/CLUC oo / --Zn 0ui143 SLUC Descvacant Residntl CLUC Desc}lunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 25.000 FLiv/Adj 700 Broward County Property Recordl,f 04 Folio 5042 34 14 0580 Address 516 }{W 3 sTLegal PB 10\53\5\5 OR BooX 10321 OG38Orrrner TOLEDANO, FLORENCE Deed HistoryAddress 333 E 14 sT ApT 17F O7lszlS ZOOlor NEW YORX NY 1OOO3 , I i I I I I : : t-o| P9 Brolrard County ProPerty Record H O4 Folio 5042 34 30 O15O Address 101 SW PHIPPEN RD ieqat PB 32\31\1\20 oR BoOX 05558 0419 o;;; DANrA'BrdcAyNE MARKET INc Deed Eistory eaJi.=. 5o7o Nw 42 qI tt/$l I,AUDERDALE INXES FLA 33319 93 AssessBentLand S 2,270 B1d9Total $ 2,270 93 Tax Year Yr BIt00 ExenPt ionss 2,270 Taxes $ 50.75 Legal Infornation PARADISE II'ANOR 32'31 B IPT 20 BtK 1 DANTA BISCAYNE I{ARKET TNC 05568-0419 11/53 02 $ city of Danla SLUC/CLUC OO / --zn 0ui143 sLUc Descvacant Residntl CLUC Descl{unic DaniaBlds/Units olo Bed/Bth/Hf ololo Lot size 25.L70 F Liv/Adj l02 0 &,t l0 ) city of Dania Brouard CountY ProPerty Record u 04 Folio 5042 34 30 0150 Address 105 sw PHIPPEil RD Legal PB 32\31\1\21 OR BooK 05568 0419 Owner DANIA BfSCAYNE MARKET INC Deed History Address 5o7o Nw 42 cT LL/ $l LAUDERDALE I,AKES FI,A 33319 loz 93 AssessnentLand S 2,040 BldgTotal $ 2,o4o 93 Tax Year Yr Blt00 ExenPtions$ 2,040 Taxes $ 54.59 Lega1 f nformat j.on PARADI SE I,IANOR 32-31 B I,OT 21 BLK 1 DATIA BTSCAYNE I,IARXET INC oss68-0419 11/63 02 $0 sLUc/CLUc OO I --Zn 0tti143 sLUc Descvacant Residntl CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 22.670 F Liv/Adj Lol 1ol City of Dania Broward county Property Record l,l 04 Fo1io 5042 34 30 0170 Address 109 Sw PHIPPEN RDLegal PB 32\31\1\22 OR BooK 05558 0419Orner DANIA BISCAYNE UARXET INC Deed History Address 5o7O l{w ,12 Ct L]-/fi| LAUDERDALE LAXES FI,A 33319 l02 93 AssessnentLand I 2,040 BldgTotal $ 2,040 93 Tax Year Yr BItoO ExenPtionss 2,040 Taxes I 54.59 Legal rnfornation PARADISE MANOR 32-31 B I.,,OT 22 BLK 1 DANTA BISCAYNE UARXE? INC 0s558-0419 11,/63 02 s sLUc/cLUC Oo / --Zn ouil.43 SLUC Descvacant Residntl CLUC Descllunic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 22.670 FLiv/Adj 0 Vr+to{city of Dania Broward county ProPerty Record t{ 04 Folio 5042 34 05 oO10 Address LegaL PB 2\90\02340A\1E55 oR BOOK ouier GRAY6ON, L G S T.OUELLA Deed History Address 8455 Nw 12 AvE 06/6519 z,ooolol l,tIAl'lI FLA 3 315o 93 AssessBentLand S 6,050 BldgTotal $ 6,060 93 Tax Year Yr B1t00 ExenPt ions S 6,050 Taxes $ L62.L7 Legal fnfornation GEO II PHIPPENS SI,'B 2-90 D I3T 1 E 55 LESS E 15 FOR CO RD, 3 E 55 LESS E 15 FOR CO RD,5 E 55 OF N 10 LESS E 15 FOR CO RD BLK A GR,AYSON, L G & I.OUELT,A 06155 01 W $ 2000 sLUc/CLUC 7 O / -'Zn 0t'ti143 SLUC Desc Vacant fnst CLUC Desclrtunic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 46.600 F Liv/Adj d P<city of Danla Broirard countY ProPerty Record}l 04 Folio fr42 34 30 0200 Address 121 SW PHIPPEN RDLegal PB 32\31\1\2s oR BooxOvner SHERROD, ZOLLfE JR Deed History Address 38 sw 7 sT 05/72l|$ r,256101 DANIA FLA 33004 93 AssessmentLand S 2,950 BldgTotal $ 2,950 93 Tax Year Yr Blt00 Exeurpt ionsS 2,950 Taxes $ ?8.94 Legal Infornation PARADI sE I.{ANoR 32-31 BI3T 25 BLK 1 SHERROD, ZOLLTE JRos/72 ot w s sluc/ cLUc oo / --zn ol.{i 14 3 sLUc Descvacant Residntl CLUC Descunic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 22.6ao F Liv/Adj + 1265 I I \"*s Clty of Danla 93 AssessnentLand I 2,950 BldgTotal $ 2,950 93 Tax Year Yr BItOO Exernptions$ 2,950 Taxes S 78.94 LegaI fnformation PARADI SE UANOR 32-31 B IPT 25 BLK 1 SHERROD,ZOLLIE JR 05/72 oL w S SLUC/CLUC Oo I --Zn OIt{i143 sLUc Descvacant Residntl CLUC Descl.lunic DaniaBlds/units oloBed/Bth/Hf ololoLot Size 22.690 FLiv/Adj 1266 Brolrard County Property Record l,l 04 Folio 5042 34 30 0210 Address 125 SI{ PHIPPEN RDLegal PB 32\31\1\26 oR BooKOvner SHERROD, ZoLLIE JR Deed History Address 38 sw 7 sT o5l72l9 r,26610:- DANIA FI"A 33004 I i:{City of Dania Brorrard County Property Record Ii{ 04 Folio 5042 34 30 O22O Address 129 Sw PHfPPEN RDLegal PB 32\31\1\27 oR BooKOrrner SHERROD, ZOLLIE JR Deed HistoryAddress 38 sw 7 sT 05/?21$ r,26610:- DAI{IA FLA 33004 93 AssessnentLand $ 2,950 BldgTotal S 2,95093 Tax Year Yr B1t0O Exernptionss 2,950 Taxes $ 78.94 LegaI Infortration PARADI SE UANOR 32-31 BfoT 27 BLX 1 SHERROD, ZOLLIE JR05/72 oLW I L266 SLUC/CLUC OO / --Zn 0Ui143 SLUC Descvacant Residntl CLUC Descl{unic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 22.690 FLiv/Adj tn lot,Clty of Danla Broward County Property Recordt{ O4 Folio 5042 34 30 0230 Address 133 SW PHIPPEN RDLegal PB 32\31\1\28Ormer TINDALL,JERRY U Address BRITTANY APT9 127029403 CRANNTNG CIRCLE TA}IPA FL 33617 oR BOOK 01034 02 08 Deed History7t/$l loz 93 AssessnentLand I 2,950 BldgTotal I 2,950 93 Tax Year Yr Blt00 Exenpt ionsI 2,950 Taxes $ 78.94 Legal fnfornation PARADI SE UANOR 32-31 B IPT 28 BLK 1 TINDAI,L,JERRY IiI 01034-0208 11/63 02 $ llortgage fnfornation UtgT : TINDALL, JERRY T{ & UARVA },IHtge: I,IETROPoLITAN IfTGE Co09/87 U $ 3,033 OR Book and Page: 14802 0758 NtgT: TINDALL, JERRY II{lltge: UETROPOLITAN UTGE CO08187 H $ 3,000 OR Book and Page: 14718 0996 sLUc/cLUc oo I --Zn 0l{i143 SLUC Descvacant Residntl CLUC Desclitunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 22.690 ELiv/Adj 0 I i LJ'f toU.city of Dania Brorrard county ProPertY Record tit O4 Folio 5042 34 30 O24O Address 137 SW PHfPPEN RD Legal PB 32\31\1\29 oR Boox 01034 0208 owier TINDALL, JERRY til Deed History Address BRITTANY APTS 12702 tL/631 9403 CHANNING CIRCLE TAIITPA Ft 33617 l02 93 AssessnentLand S 2,950 BldgTotal I 2,950 93 Tax Year Yr B1t0O Exenpt ions$ 2,950 Taxes $ 78.94 Legal Infonnation PARADISE }IANOR 32-31 B IPT 29 BLX 1 TINDALL, JERRY I,T 01034-0208 11/63 02 s llortgage Infonnation l,ltgr : TINDALL, JERRY I{ e UARVA l{ Utge : IIETRoPOLITAN Ii{TGE CO 09 187 I.{ I 3,033 OR Book and Page: 14802 0758 SLUC/CLUC OOI'-Zn 0Hi143 SLUC Descvacant Residntl CLUC Descuunic DaniaBlds/Units OlOBed/Bth/Hf ololo Lot Size 22.7oO F Liv/Adj 0 UtgT: TTNDALL,JERRY I,T lttge: I,IETRoPOLITAN I{TGE co08187 tt s 3, ooo oR Book and Page: 14718 0995 (* city of Dania Brolrard county ProPerty Record !{ 04 Folio 5042 34 30 0250 Address 141 SW PHIPPEN RDLegal PB 32\31\1\30 oR BOOK 01034 0208owier TIIDALL, JERRY !{ Deed History Address BRITTANY APT' 12702 L]-l63l 9403 CHANNING CIRCLE TAI.{PA FL 33617 loz 93 AssessmentLand S 2,950 BldgTotal $ 2,950 93 Tax Year Yr B1too ExeEpt ions$ 2,950 Taxes $ 78,94 Legal InforDation PAXADTSE }IANOR 32-31 B I.oT 30 BLK 1 TTNDALL, JERRY I{ 01034-0208 11/63 02 $ lilortgage Information MtgT: TINDALL,JERRY I,I & MARVA I,T Mtge: METROPoLITAN UTGE CO09187 tt $ 3,033 oR Book and Page: 14802 0758 HtgT: TINDALL,JERRY II{ lttge: METROPOLITAN MTGE CO08187 u $ 3,ooo oR Book and Page: 14718 0995 sLUc/cLUc oo / --Zn ol,ti143 SLUC Descvacant Residntl CLUC Descl,lunic DaniaBtds/Units oloBed/Bth/Hf ololoLot Size 22.7oo F Liv/Adj 0 uo+ ta{c*lM city of Dania Brohrard county ProPertY Record U 04 Folio 5742 03 39 0o1o AddressLegal PB 21\16\1\1 oR BooK OUneT UANUEL, EZKIEL Address 402 Nw 9 sT HALI.ANDALE FI,A 33009 07575 0553 Deed History osl78 | $1oo I o1 93 AssessmentLand S 10,340 BldgTotal S 10,34093 Tax Year Yr Bltoo Exenrpt ionss 10,340 Taxes $ 27 6.7 2 LegaI Inforrnation NASSAU HEIGHTS 21-15 BI'T 1,2 BLK 1 }IA}IUEL, EZXIEL 07575-0553 O5l78 01 W $ SLUC/CLUC OO/--Zn 0Ui143 sLUc Descvacant Residntl cLUc Descl,lunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 7r.32O FLiv/Adj 100 i I I I cot tutb City of Dania Brosard county Property Record U 04 Folio 5142 03 LO 2320 Address 1110 sl{ 2 AVE Legal PB 4\1\22\13s30 OUneT HERRIIATIN, ARTHI,,R F Address 1110 SW 2 AvE DANIA FL 33004 oR BOOK t4547 0622 Deed History 06187 LLl85 11/83 03l7e 09 177 200 38,2OO 30r000 22,5OO 11, 000 11 01 00 o0 0093 AssessnentLand S 1L,22OBldg S 23,960fotal I 35,18093 Tax Year Yr 81t56 Exempt ions$ 35,180 Taxes $ 941.50 Legal Information NORTH HOLLYWOOD 4-1 B I.OT 13 S 30 BLK 22 HERR},IAN ,ARTHUR F & 129A7-0764 11/85 01 W $ HERRI.{,ANN, ARTHUR F 74547-0622 05187 11 QC $ sLUc/cLUc oL / otzn 0Ui143 SLUC Desc Single FaniJ.Y CLUC Desc SF Rest{unic DaniaBlds/Units LloBed/Bth/Hf oltloLot Size 28.040 FLivlAdj L,3411L,339 $ s s s $ Building fnfornation01 1,339 38200 200 llortgage fnfornationUtgr: HERRUANN,ARTHURI,Itge: HERRI,IANN, JT,DY Lo]./gt u $ 80,oo0 OR Book and Page: 18056 0252 vb+ 15t city of Dania Brosard county ProPerty Record U 04 Folio 5L42 03 08 o09o Address 28 sE 12 sT Lega1 PB 11\26\\15 oR BooK 2t OT'NET UCKENZIE,CINDY MARIE Address 26 & 28 SE 12 ST 09193 DANTA, FL 33004 L2l9L o8/9L 02/71 32 1 0130 Deed History 60,100 52, OOO 28, OOO 3, OOO s $ $ $ 92 11 11 01 93 AssessnentLand $ 15,440 BldgTotal $ 16,440 93 Tax Year Yr B1t0O Exemptions$ 15,440 Taxes $ 439.98 Legal fnformation ST JAI{ES PARK DEI,I'IAR 11-26 B LO{r 15 FI"AMMINTO,D & EILEENo2l71 01 w $ 3ooo GARCIA,IIARIO JR 18674-0576 08/91 11 WD s 28000 I{ACK INCOUE INVESTilENTS INC Ls2a2-O969 12191 11 WD $ 62000 IIICKENZIE, CTNDY UARIE 21321-0130 09193 92 D s 60100 Mortgage fnformation UtgT: GARCIA,HARIO JR sLUc/cLUc Oo I --Zn 0Mi143 sLUc Descvacant Residntl CLUC Desclilunic DaniaBlds/Units oloBed/Bth/Hf ololo Lot Size 38.580 F Liv/Adj Utge : FLAMI'{INf o, DOoslet u s oR Book and Page: UINIC & 4 L867 4 ETLEEN 6, Oo0 0878 ,.ot t6lA don.1of ,it City of Dania sluc/cLuc oO I --zn 01,Ii143 SLUC DescVacant Residntl CLUC Desctilunic DaniaB1ds/units oloBed/Bth/Hf ololo Lot Size 43.100 f Liv/Adj Broyard County ProPertY Record H 04 Folio 5142 03 15 OOlo Address 1524 oLD DIXIE HI{Y Legal PB 8\9\\1 oR BooK 15254 0809 Owfrer BAXoIri, idNAID I Deed llistory Address p o Box 5o-oo1 03/881S 1,1001 LTGHTHOUSE POINT FL 33074 L2l73l s 15,500J 11 o1 93 AssessnentLand $ 5,390 BIdgTotal $ 5 '39o93 Tax Year Yr B1t0o Exernpt ionsS s, rgo Taxes $ \44.24 Legal Infornation }{C KENZIE EYSTER ADD 8-9 B LoT 1 LESS S 10 FOR RD, rpT 2 SAADA,A & REGINA S os585-0357 L2173 OL W i BARON,RONALD I 1s254-0809 O3l88 11 TX I 15500 1100 Lot am city of Dania Broward county Property Record t{ 04 Folio 5042 34 05 0480 Address 511 }IW 3 PLLegal PB 3\75\8\44 oR BooKOwner J&VSIDNEYINC Address 3725 NW 11 AVE l,lIAl'lI FL 33127 17033 0524 Deed History 04/8e19 100 | 11 93 AssessnentLand S 6,500 BIdgTota1 $ 6,50093 Tax Year Yr BIt00 Exernpt ions$ 6,500 Taxes $ 173.95 LegaI fnfornation HANSEN & NELSON SUB 3-76 DIpT 44,45 BLK B DAWXINS, NANCY01492-0112 01 i,&VSIDNEYTNC 77033-0524 04/89 11 QC s SLUC/CLUC OO / --Zn oui143 SLUC Descvacant Residntl CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 50.000 FLiv/Adj 100 LDI l"oL City of Danla Broward County Property RecordU 04 Folio 5042 34 06 0{81 Address 515 t{w 3 PLLegal PB 3\75\8\46 OR BooK 01169 o12OOrrner HOWARD, ROBERTAddressPOBoX9T5 DELRAY BEACH FL 33347 93 AssessnentLand S 5, 500 BIdgTotal I 5,50093 Tax Year Yr B1t00 Exernpt ions$ 5,500 Taxes $ 173.95 sLUc/cLUc oo / --zn 0Ui143 SLUC Descvacant Residntl CLUC DeScIunic DaniaBlds/Units o/OBed/Bth/Hf o/oloLot Size 50.000 FLivlAdj Legal Inforraation HANSEN & NELSON SUB 3-75 D I_OT 46 & 47 BLX B HOWAR.D,ROBERT01169-0120 01 llortgage fnforDationUtgr: HOWARD, ROBERT L & CAROTYN EUtge: CARTERET SAVINGS01186 U OR Book and Page: 13149 0358 V+ te8 City of Dania Broward Courty property Recordl{ O4 Folio 5042 34 06 0490 Address 517 NW 3 pLLegal PB 3\76\8\48 oR BooxOuner J&VSIDNEYINC Address 3725 Nl{ 11 AVEttIAltI FL 3 3127 L7033 052? Deed History04l8e l$100 | 11 93 AssessmentLand I 3,250 BldgTotal $ 3,25093 Tax Year Yr BItOO ExenptionsI 3,250 Taxes $ a6.99 sLUc/cLUc oo / --zn oui143 SLUC Descvacant Residntl CLUC Descl{unic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 25. ooo FLivlAdj Lega HANSEN E NELSOI.OI 48 BLK B nfornation UB 3-76 D IINS RANGE, JOSEPHINE SJ&VSTDNEYTNC 17033-0527 04,/89 11 QC S 100 I I u+ wA Clty of Dania Brolrard County Property RecordU 04 Folio 5042 34 06 0500 Address 523 NW 3 PLLegal PB 3\75\8\49 oR BOoX 17033 0526Orrner J & V SIDNEY INC Deed HistoryAddress 3725 NI{ 11 AVE O4/B9l$ rOolrrl,tIAr'lf PL 3 3127 Building fnforDation01 43602 38093 AssessnentLand S 10,080Bldg $ 3,020Total S 13,10093 Tax Year Yr 81t33 ExemptionsI 13,100Taxes $ 350.60 sLUc/cLUc oB / oTzn 01,ti143 sLUc Descl,lulti Fnly: <10 CLUC Desc Addtrl ResHunic DaniaBlds/Units 212Bed/Bth/Hf LltloLot Size 77.5OO FLiv/Adj 754181-5 Extra FeaturesDriveway Legal fnformation HANSEN & }IELSON SUB 3-75 D L,OT 49,50,51 BLX B DAWXINS,I,TYRON J J07144-0519 01J&VSIDNEYIIIC 17033-0s25 04/89 11 QC $100 Lot lgl clty of Danla Brorrard County Property Recordlt 04 Folio 5042 34 05 0510 AddressLegal PB 3\76\c\1 oR BooKOrmer FI.ORIDA POWER & LIGHT CO Address ATTN: W H BONHAU-JLU ]-2l58lP O BOX 14000 JI'NO BEACH FL 33408 Deed History lor 93 AssessDentLand S 23,560 B1d9Total S 23,56093 fax Year Yr Blt00 Exenpt ions$ 23,560Taxes $ 63 0. 53 Legal Infornation HANSEN & NELSOT{ SUB 3.76 D r.oTs 1 THRU 4,51,54 & 55 S 15 Ir{/L, 56,57 BLK C FIPRIDA POWER & LTGHT CO 12ls8 01 s SLUC/CLUC 9t / --Zn 0UiI43 SLUC Desc Utilities CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 181.230 FLivlAdj 0 i I II j d r {?.Clty of Dania Brohrard County Property Record!l 04 Folio 5142 03 26 O54O Address 219 SW 3 STLegal PB 14\10\4\9 oR BooK 13830 0943Owner CATALA, ORI,ANDO J & NfLDA V Deed HistoryAddress 12761 BLTilKER DR Lo/861$ e,SoolurAr,rl FL 33167 O8/$l$ zo,oool 01 00 93 AssessnentLand $ 13,860 B1d9Total $ 13,86093 Tax Year Yr Blt00 Exenptions$ 13,850Taxes S 37 O .93 Legal fnfornation UODEI' PARK 14-10 B I.OT 9 BLK 4 CATAI,A,ORTANDO J & NTLDA V 13830-0943 10/86 01 W $ SLUC/CLUC oo/--Zn oui143 SLUC Descvacant ResidntL CLUC DescHunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 46.200 FLiv/Adj 6500 bt tt?city of Dania Brohrard County Property Record trt 04 Folio 5042 34 18 0010 Address 101 sE 1 AvELegal PB 14\19\1\1 oR BooKordner EUREKA LaDGE 1269 F & A l'l Address 101 sE 1 AVE DANIA FL 33004 09229 0643 BuiJ.ding Infornation01 7,268 93 AssessDentLand S 51,440Bldg I 92,7toTotal I 144,15093 Tax Year Yr 81t51 Exemptions Taxes Legal Inforuration UASON St'B AI{ENDED PI,ATt4-t9 L/2 B LOT 112,3,4,LAA 31 Vl 15rIOT 32 THRU 34,BLK 1 EUREXAT,ODGE1269F&AU09229-0643 01 sLuc,/ cLUc 77 l62Zn 0Ui143 sLUc Descclub, Lodge, Unin CLUC Desc ExeDpt Clubtlunic DaniaBlds/Units tl]-Bed/Bth/Hf ololoLot Size 104.580 FLivlAdj A,076/7 ,268 b+,rl city of Dania Broward county Property RecordU 04 Fol.io 5042 34 10 0070 Address 214 SE PARK STLegal PB 8\1\3\5 oR BooK 1e320 o87sOwner EXECLnfvE CENTER S A Deed Bistory Address 1327 sE 2 AvE 03/921$ re2;oool11 DANTA FL 33004 93 AssessnentLand S 13,350 BldgTotal $ 13,35093 lax Year Yr Blt00 Exenptions $ 13,350 Taxes $ 357.27 Legal Infornation DANIA BEACH SUB 8-1 BI-T 5 BLK 3 SALVINO, F & ELI,A EXECUTIVE CENTER S A 19320-0875 03/92 11 WD $ 162000 SLUC/cLUc OO / --Zn olt{i143 sLuc Descvacant Residntl CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 51.340 FLivlAdj I I Lrt ap City of Danla Brouard County property RecordU 04 Folio 5042 34 10 OO4O AddresE 206 SE PARK STLegal PB 8\1\3\2 oR BooK ts32o oBTsOrner EXECUTM CENTER S A Deed HistoryAddress 1327 SE 2 AvE $/g2l$ re Z, OOO lrfDANIA FL 33004 93 AssessnentLand $ 13,3G0BldgTotal $ 13,35093 Tax Year Yr BITOO Exenpt ions $ 13,360Taxes $ 357.55 SLUC/CLUC Oo I --Zn 0ui143 SLUC Descvacant Residntl CLUC DescIt{unic DaniaBlds/Units OlOBed/Bth,/Hf ololoLot Size 51.400 FLiv/Adj Legal Infonnation DANTA BEACH SUB 8-1 BIOT 2 BLK 3 SALVINO, F & ELLA EXECUTIVE CENTER S A 19320-0875 03/92 11 WD $ 152ooo i I I I I : u'+ ,oq City of Dania Brosard County Property Recordl,l 04 Folio 5042 34 10 0050 Address 210 sE PARK STLegal PB 8\1\3\3 OR BoOK L932O oaTSOwner EXECUTM CENTER S A Deed HistoryAddress 1327 SE 2 AvE OtlSZl$ rgZ,OOOl:.rDANIA FL 33004 93 AssessDentLand $ 13,350 B1d9Total $ 13,35093 Tax Year Yr BIt00 Exernptions $ 13,350 Taxes $ 357.27 Legal Infornation DATTA BEACH SI'B 8-1 B I.OT 3 BLK 3 SAI,VINO, F & ELLA EXECTITIVE CENTER S A 19320-0875 03/92 11 I{D $ 162000 SLUC,/CLUC oo / --Zn 01.{i143 SLUC Descvacant Residntl cLUc Descl{unic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 51.360 FLiv/Adj i i I I b?. ,b6 Itl 04 Fo Legal Owner Address Ii P R 7 D Clty of Dania Broward County Property Recordo 5042 34 28 0060 Address 214 E BEACH BLVDB 32\18\\6 oR BOOK 18290 0281 YAN, TINOTHY I.{ OO E DANIA BCH BLVD ANIA FL 33004 o4l9L 02l8e 08187 L2/s8 Deed History 100 125, O0O 100 $ s $ 11 11 t2 o293 AssessnentLand $ 17,570BldgTotal $ 17,57093 Tax Year Yr B1t00 ExeDpt ionss 7?,570Taxes I 470.22 Legal fnfornation II{ARWOOD 32-18 B I,OT 6 ltrsKoFF, JoHN & 01899-0354 L2/58 02 s 0 JOHN UISKOFF FOI'NDATION INC t4737-0842 08/87 12 QC $ 100 RYAN, Tr!,iOTHY t{ & 1s198-0852 02l88 11 SW $ 12s000 RYAN, TI}{OTHY I.I 18290-0281 04/91 11 QC s 100 Hortgage InformationMtgr: RYAN,ARCHfE J IIIUtge: CARfBANX02/88 t{ s 115, ooo OR Book and Page: 15198 0854 SLUC/CLUC OO/--Zn 01.{i14 3 SLUC Descvacant Residntl CLUC Descl,lunic DaniaBlds/Units oloBed/Bth/Hf ololotot Size 43.920 FLiv/Adj I i l4+ _t6 City of Dania Broward county Property Recordl{ 04 Folio 5042 34 28 0050 Address 210 E BEACH BLVDLegal PB 32\18\\5 oR BooK 18290 0281Ouner RYAN, TII.{OTHY U Address 7Oo E DANIA BCH BLVD DANIA FL 33004 04/eL 02 /88o8187 12158 11 11 L2 o2 Deed History 100 125, OOO 100 $ s $ 93 AssessmentL,and $ 8,780 BldgTotal S 8,78093 Tax Year Yr BItOO Exenptionss 8,780 Taxes $ 234.9a Legal fnfornation IIARWOOD 32-18 B LOT 5 t{rsKoFF, JoHN & 01899-0354 t2/58 02 $ O JOIIN I.IISKOFF FOI,'NDATION TNC L4737-O842 08/87 12 Qc s 1oO RyAN,TrttoTHY Ll & 15198-08s2 02188 11 Sn $ 12s000 RYAN,TT}TOTHY U 18290-0281 O4rl91 11 QC s 1oo Mortgage fnfornationl{tgr: RYAN,ARCHIE J IIII,!tge: CARTBANK02188 U $ 115,Ooo oR Book and Page: 15198 0854 sluc/cLuc oo / --zn oui143 SLUC Descvacant Residntl cLUc Descllunic DaniaBlds/Units OloBed/Bth/Hf ololo Lot Size 21.960 FLiv/Adj I I I I I : i I I I I i I'til.{city of Dania Brovard County Property RecordU 04 Folio 5042 34 28 0040 Address 208 E BEACH BLVDLegal PB 32\18\\4 OR BOOK 18290 0281.Orrner RYAN, TII.{OTHY UAddress 7OO E DANTA BCH BLVD DANTA TL 33004 93 AssessEent SLUC/CLUC OO/--Z[ 0lt{i143Land $ 8,780 SLUC Descvacant ResidntlBldg CLUC DescTotal $ 8,780 Uunic Dania93 Tax Year Yr BLt00 Blds/Units OIOExenptions Bed/Bth/Hf OIO/O $ 8,780 Lot Size 21,960 F Taxes $ 234.9a livlAdj Lega1 fnfornation ITIARWOOD 32-18 BIOT 4 04/9L 02 /8e08187t2/58 Deed History 100 725 , OOO 100 $ s $ 11 11 t2 o2 UISKoFF,JOH & 01899-0364 72/58 02 $ JOHN T{TSKOFF FOT]NDATION INC L4737-o842 08/87 12 QC s RYAN,TII,IOTHY 15198-0852 02 RYAN, TII,TOTHY 18290-0281 04 u& /88ulet 11 SWs 11 Qc$ o 100 12 5 000 100 Mortgage InfornationHtgT: RYAN,ARCHIE J IITHtge: CARTBANK02188 tI s 115, O0O oR Book and Page: 15198 0854 Lo+ .n{clty of Dania Brorrard County Property Record U 04 Folio 5042 34 28 0030 Address 205 E BEACH BLVDLegal PB 32\18\\3 oR BooK L829o o28LOwner RYAN, TIUOTHY l.{Address 7OO E DANIA BCH BLVD DANIA FL 33004 Deed History 100 125r 000 100 s sI 04 /9L02188 08187 L2/58 11 11t2 o293 AssessmentL,and S 8,780BldgTotal $ 8,78093 Tax Year Yr 81t00 Exenptionss 8,780 Taxes $ 234.98 Legal Infornation UARWOOD 32-18 BI-T 3 UISKOFF,JOIIN & 018e9-o354 72/s8 02 I O JOI.il{ }IISKOFF FOT'NDATION INC L4737-O842 08/87 12 OC s 100 RYAN, TII.{OTHY l,l & 1s198-0852 02l88 11 Sr,J $ 125oOO RYAN,TII{OTHY U 18290-0281 04191 11 QC $ 100 Mortgage fnforrnationIiltgT: RYAN,ARCHIE J IIIt'Itge: CARIBANK02188 U $ 115,ooo oR Book and Page: 15198 0854 sLUc,/ CLUC OO/--Zn Ol,IiI43 sLUc Descvacant Residntl CLUC DescItlunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 21.950 FLivlAdj i b+frl &"" ftu1a\ city of Danla Broward County Property Recordlt 04 Folio 5042 34 28 OO2O Address 204 E BEACH BLVDLegal PB 32\18\\2 oR BooK 18290 0281owner RYAN,TIUOTHY UAddress 700 E DANIA BcH BLVD DANTA Ft 33004 04 l9L02/88 oe/87 72/58 11 11 12 o2 Deed History 100 125,000 100 $ $ $ 93 AssessnentLand $ 8, 780BldgTota1 $ 8,780 93 fax Year Yr 81t00 Exeurptionss 8,780 Taxes $ 234.98 Legal fnforrnation I{ARWOOD 32-18 B TNT 2 l,tf sKoFF, JoHN & 01899-0354 ]-2158 02 s O JOTIN I,IISKOFF T'OT'NDATTON INC L4737-O842 O8l87 12 Qc $ 100 RYAN,TTIIOTHY l,t & 1s198-08s2 O2l88 11 Sw $ 12s000 RYAN,TT}IOTHY }I ta29o-o2a1 04/91 11 QC $ 10o Mortgage fnfornationtgT: RYAN,ARCHIE J IIIUtge: CARTBANK02188 U s 115,OOO OR Book and Page: 15198 0854 SLUC/CIJUC OO / --Zn Ol,lil43 sLUc Descvacant Residntl CLUC DescMunic DaniaBlds/Units oloBed/Bth/Hf ololoLot Size 21.960 FLiv/Adj ' I Ii Lr*er.- ft1n.r\ ,b{City of Dania Brosard County ProPerty Record !r 04 Folio 5042 34 28 oolo Address 202 E BEACH BLVD Legal PB 32\18\\1 oR BooK 18290 0281 o*i"r RYAI{, iu,loTHY t'l Deed }listory Address 7oo i DANrA BcH BLVD o|leLlt - 199 I DANIA FL 33004 o4/9o19 65,0001 o4l79l s 33, ooo l 93 AssessBent SLUC/CLUC OOI--Zn 0l'lil43 Land I 2L,O8o SLUC Descvacant Residntl Bldg CLUC DescTot;1 S 21,080 unic Dania 93 Tax Year Yr Bltoo Blds/Units olo Exenptions Bed/Bth/Hf ololo $- 21,080 Lot size 52'?lo F Taxes $ 564.16 Liv/Adj 11 11 01 LegaI Infornation UARWOOD 32-L8 B I.oT 1 BI'RGESS, }IOWARD E & GENE R oat74-0752 04l79 01 W $ 33000 RYAN,ARCHIE J IlI,RYAN,TI}{oTHY U 17392-0366 O4l90 11 WD s 65000 RYAN, TIMOTHY I,T 18290-0281 O4l91 11 QC s 1oo t'lortgage rnfornation I,[tgT: RYAN,ARCHIE J III MtqC: BURGESS, HOWARD E & GENE R 05 l9o I.l $ 60 , 000 OR Book and Page: L7392 0367 b+ t.'1 Brosard county ProPerty Record U 04 Folio 5042 34 18 0260 Address 135 SE 1 AVE Legal PB 14\19\3\1 oR BooK Owner oLEBoS,ANNA V EsT Address t GEoRGE OLEBOS 144 WILLIAI{SBERG DR VALPARAISO IN 46383 93 AssessBentLand S 26, 150 Bldgllotal $ 26 , Lso93 Tax Year Yr Blt00 Exemptions$ 25,150 Taxes S 699.85 LegaI Infornation !,IASON SUB AI,IENDED PLAT L4-19 t/2 BrrT 1,2,3,4 BtK 3 OLEBOS, ANN V city of Dania SLUC/CLUC oO / --Zn 0tilil43 SLUC Descvacant Residntl CLuc Desctlunic DaniaBlds/Units oloBed/Bth/Hf ololoLot size 104.580 Ftiv/Adj t: I CITY OF DAAIIA INTERO FFI CE MEMORAN D U M To:Robert Flatley, Ciry Manager Fromr Dan Oyler, City Planner Date:January 12, 1994 Re Proposed Tree Preservation, Tree Abuse and Landscape Ordinance. Broward County has enacted two new ordinances which are now affective on a county wide basis. Broward County Ordinance 93-10 tifled 'Tree Preser',ation" and 'Tree Abuse" are being enforced by the Departrnent of Nafural Resource Protection' Ths ordinance allows for a municipality to adopt their own ordinance as long as it is as sbingent as the county's. Our existing ordinance is not as stringent and will not qualifu in this case. If this ordinance is not adopted then the county will be enforcing the kee remorral and tree abuse ordinances. Therefor I have prepared a new ordinance which is almost a direct duplicate of the county's and have also revised our existing landscape code to bring it more up to date. Briefly, the new Tree Preservation ordinance provides for the following: (a) (b) (c) (d) (e) (0 Exempts single-family and duplex with the exception of trees removed prior to a C.O. or the removal of Historical or Special Status Trees. Provides for the issuance of a !.ee remo'ral,/relocation license. Provides for bee replacement. Provides for payment in lieu of replacement/relocation. Provides for the creation of a Tree Preserrration Trust Fund. Provides for bonding in certain circumstances. +q (a) (b) (c) prouslons The new Tree Abuse Section provides for the following The timming of bees to be in accordance with National Arborist fusociation standards. Does not exempt single-family of duplex. Provides for Remedial Actions. The landscaped section has also been revised and contains the following (a) (b) Provides for the upgrading of existing parkjng lots under conditions. Provides for a 10 foot landscape buffer adjacent to public rights-of-ways with 1 tree per e\tery 30 feet and a continuous hedge, wall of other durable landscape barrier. The code now requires a 5 foot landscape buffer. Provides for a 5 foot landscape buffer between parking lots and the adjacent property with 1 tree every 40 feet and a continuous hedge, wall or other durable landscape barrier for residential multi{amily projects. Provides for interior landscaping for ail vehicular use areas. Provides for site triangles adjacent to public rights-of-way, Provides for the landscaping of all non-vehicular open space based on a percentage of the site. Provides for a 10 foot landscape buffer between commercial, business and industriat properties when they abut a residential property which includes a 6 foot masonry wall or solid wooden fence, tees e.tery 4Q feet, and a hedge on the residential side of the wail. Provides for installation requirements. Provides that a min. of 4Oo/o of the plant material be native to South Florida. Provides for irrigation in compliance with South Florida Water Management Regulations. (c) (d) (e) (0 k) (h) (i) U,l Attached for the Commissions review is the proposed ordinance, Tree Removal License and Resolution for setting permit fees. Please place this proposed ordinance on the next available Commission Workshop for their consideration. I 2 J 4 5 6 8 9 l0 ll t2 t3 l4 l5 l6 t7 l8 l9 t0 2l 22 23 24 25 26 WGETATION (REVTSION V 1,/94) ARTICI.EI.In General ARTICIE 77 Tree Preseraation ARTICI.E TII Tree Abuse ARTICLE IV.Lo'ndscaping SEC7JON 2G7. Trees, Roots Damaging Public Property'Notice to Growth Management Director. Whenever and wherever there shall be any tree or trees growing upon any street, alley or right-of- way within the city in such way and manner that the roots of such tree or trees have destroyed or damaged any sidewalk, curb, gutter, street pavement, waterline, sewer line, or other property, or if any such tree or trees shall be growing upon any property abutting upon such sidewalk, culb, gutter, street pavement, waterline or sewer line or other property in such way and manner as to cause destruction or damage of or to such facilities, it shall be the dup of any ollicial or employee oi the city having knowledge thereof to 1 ARTICLE I. In General I 1 3 4 5 6 I 9 l0 ll t2 t3 l4 l5 r5 t7 tE l9 20 2l t', 23 :5 immediately notify the Growth Management Director or his designee of such damage and destruction to the prop€rty of the city. SEC ON 2G3. Same'Remoool on Prluate Property' upon receMng notice of any damage or destruction as s€t forth in &ction 2Gl hereol, and if s{ch tree or trees shall be growing upon pri'/ate property abutting such sidewalk, curb, gutter, stleet pat€ment, waterline, sewer line or other property and causing the damage or destruction lhereof, the Growth Management Director, or his designee, uPon leceiving such notice shall immediately notifu the owner of suchpropertyinwritingtocutdown,destroy,orremovesuchtreeortreeswithinten(10)daysfromthe date ol receipt ol such notice. In the event such owner shall fail or refuse to cut down, destroy or remove the tree ot trees within ten (10) days, then the Growth Management Directot, or his designee shall cause such tree oI trees to be cut down, removed or destroyed by the employees of the city and shall charge the cost thereol against the owner,andtheamountolthecosttothecityshallbealienupontheprop€rty. ln the event the tree or trees have caused damage to public property lhe owner of the pri'/ate property shall be responsible {or the cost of the repair of same. The owner shall be invoiced for the repair 2 t6 SECTION 26'2. Same'Remouol on Public Prcperty' Upon receiving notice of such damage or destruction as s€t lorth in Section 26-1 hereof and if such tree or trees shall be growing upon property ol the city, the Growth Management Director or his designee shall immediately catrse such tree or trees to be removed or destroyed. If the tree ot |Jees are growing in the swale area which abuts a residential structure it shall be the responsibility of the residential owner to remove such tree or trees at their expense and to replace such tree or trees with an approved tree or trees as directed by the Growth Management Director or his designee. A tree removal permit shall be issued prior to the removal of the trees or trees. The residential owner shall also be responsible for the repair of any public property damaged by said tree or trees' I 2 3 4 5 6 7 8 9 10 ll t2 13 t4 l5 16 t7 18 l9 20 2.t 1' 23 24 ?5 26 n cost by the city and shall make payment to the city within thirty (30) days. If after thirty (30) days payment is not received by the city, the city shall place a lien upon the property for said cost. SECflON 2H - 2G7O Reserued. 3 SECTION 2G77. Short titte. This article shall be known and may be cited as the Tree Preservation Ordinance of the City of Dania. SECTION 2672 Declaration ol Intent The City Commission of the City of Dania (the "Commission") finds and declares that presenration of trees is integral to the preservation ol air and water pollution in that hees use their leaf surface to trap and filter out ash, dust and pollen in the air, thereby helping to alleviate air pollution: that the root systems of trees hold and consolidate soil and other loose earthen materials, thereby helping to prevent erosion, reduce non-point source water pollution and maintaining the continued vitality of natural habitats for propagation and protection of wildlife, birds, game, fish and other aquatic life; and that remova.l of trees causes increased surface run-off which contributes to water pollution. Owing to the many benefits provided to the community by trees, it is the intent ol the Commission, in order to protect the air and water of the City of Dania, to preserve this valuable natural resource of the City for the health, safety and welfare of the genera.l public. While the destruction oi a single tree may not have a significant environmental impact, the Commission recognizes that tree destruction has a cumulative impact that causes severe environmental degradation and causes severe deterioration of the quality of life in Dania and, because of this impact, the Commission finds that tree destruction is a public nuisance that must be controlled. [n the erraluation of a tree remo'ral license, priority shall be given to preservation, relocation, replacement and payment into the Tree Preservation Trust Find. 4 I 2 J 4 5 6 8 9 10 1l t2 l3 t4 l5 l6 t7 18 t9 m 2l 22 23 74 25 26 77 ARTICIE II Tree Preserrtation. 2 J 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 l6 t7 l8 l9 n 2l 22 23 24 u 26 SECTION 2673 Tree Remotsal License Required. 1. General - A person shall no cause, suffer, permit or allow the removal of any tree without first obtaining a license from the City as herein provided. The property owner, holder of an easement and or person removing a tree withot* a license shall be responsible for the violation. The remorral of trees in violation of this Article is a public nuisance. 2. Historical Trees - A person shall not catse, suffer or a.llow the remoual of any Historical Tree without first obtaining a variance from the Commission to conduct the removal. 3. Land Clearing - Land clearing and site development where such activities may resllt in the removal of trees shall not occur until a tree removal license has been obtained. SEC ON 2G74 Definitions. In addition to the definitions of the City of Dania Zoning Ordinances the following de{initions shall apply. A. Access urau: A private vehicular roadway inters€cting a public right-otway. B. Applicant The owner of the property or his legally authorLed agent. C. Ba ed & Bumed (B & Bl: Field grown trees or shrubs with roots established in a earthen ball encompassing the root system necessary for the frrll recovery of the plant; wrapped and bound to support the root ball. D. Benn An earlhen mound. E. Breast Heiaht: Means a height of four and one-half (4 l/21 teet above natural grade. F. Calioer Diameter Brcast Heiaht (CDBHI: See Diameter Breast Height. G. Canoou Cotserooe: Means the aerial extent ol ground within the drip line of the tree. H. Cleor Trunk: Point above the root ball along the vertical trunk of a tree at which latera.l branching or frons begin. l. Clear Wood (Grau Woodl: That portion of the palm hunk which is mature, hard wood measured from the top of the root ball to the base of green terminal groMh or frons. 5 J Container Groun: Plant material grown in a container of suitable size to allow adequate room for the hea.lthy development of the root system. Dio,metet Breast Heiaht (DBH): The diameter of a tree trunk measured at four and one-half l4-L/2\feet above grade. Drio line: A vertical line extending Irom the outermost branching of a tree or plant to the ground. Effectioelv Destroved: Means to cause, suffer, allow or p€rmit any act which will cawe a tree to die or to go into a period of unnatural decline within a period of one (1) year from the date of the act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the nahrral grade above the root system or around the trunk, damage intentionally inflected on the tree permitting infection or Pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree permitting infection or pest iniestation, the infliction of a trunk wound that is 50Vo ot greater of lhe circumference ol the tnrnk, or the remorral of sufficient canopy to cause the unnatura.l decline of the kee. Eauioalent Reolacement: A substitute for the tree which it replaces as determined by the Growth Management Director, or his designee. Eouiualent Value: A monetary amount reflecting the cost of vegetation to be replaced. Grao , See Clear wood Ground cotsen Low growing plants that, by nature of their growth characteristics, completely cover the ground and do not usually exceed two (2) Ieet in height. flglp;: An euenly spaced planting of shrubs which forms a compact, dense, visually opaque, living barrier. Histoical Tree: A particular tree or group of trees which has historical value becarse of its unique relationship to the history of the region, state, nation or world. 2 ) 4 5 6 7 8 9 K L. M. 10 ll 12 r3 l4 15 16 t7 l8 l9 20 2t 22 23 24 25 26 N o. P. o. R S 6 T Land Clearina: The clearing of vegetation and soils lor the purpose of land development activities. This includes, but is not limited to, construction for buildings, right of ways, utility easements or access, drainage ways, parking lots and other structures, rock mining, and agriflltural activities that involw the removal of trees as defined by this section. I,andscaoino, 1. (When used as a notn) Living plant material such as, btrt not limited to hrf, ground cover, shrubs, vines, trees or palms and nonJMng durable materials commonly tsed in environmental design such as, but not limited to, rocls, pebbles, sand, walls or fences and aesthetic grading and mounding: but excluding paving and struch..res. 2. (llVhen used as a verb) The process of installing or planting materials commonly tsed in environmental design. Landscaoe lnioation: The outside watering o{ shmbbery, kees, lawns, grass, ground covers, vines, gardens and other swh flora, not intended for resale, which are planted and are situated in such diwrse locations as residential and recreation areas, cemeteries, public, commercial and indushial establishments, and public medians and rights-of-way. Micreirrioatioa: The application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitters or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts such as bubblier, drip, tickle, mist or micro spray and srbsurface irigation' Mulch. An organic material such as wood chip, pine straw or bark placed on the soil to reduce erraporation, prevent soil erosion, control weeds and enrich the soil. Natioe Plant Soecies: Those published in the latest issue of the Association of Floriria Native Nurseries Plant and Service Locator. Natiue Toosoil: The uppermost layer of existing soil on the site capable of supporting plant growth. 7 J 4 5 6 7 8 9 l0 ll t2 l3 l4 l5 l6 t7 l8 l9 m 2l 22 23 24 E 26 U W x. Y z 7 2 3 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 t6 t7 r8 l9 m 2l 22 73 24 25 26 AA. Off-Site: For hee relocation and tree replacement, means any location in excess of one mile from the tree's original location. BB. Arr'.site: For tree relocation and tree replacement, means any location one mile or less from the tree's original location. CC. Ooerall Heiqht: The measrrement of a plant from the top of the root ball at the soil line to the tip of the uppermost part of the plant. DD. Plantino fuil: A medium composed of naturally occurring mineral particles and organic matter, which provides the physical, chemical and biological proP€rties necessary for plant growth. EE. Potoble Woten Water that is suitable for drinking, cu.linary, or domestic purPos€s. FF. Protectiue Banien Fences or like structures at least four (4) feet in height that are conspicuously colored and prewnt or obstruct passage. C'G. Shrubs, A woody plant with several stems produced from the base which can be maintained in a healthy state at a maximum ol€rall height oi tweng (20) feet. HH. Site Soecific Proln Moterio,l: The tse of the bast adapted plant species to minimize supplemental irrigation, fertilization and necessary pest control. II. Sod' See turf. JJ. Soecial Status Coteoottt Tree: Any tree or group of trees that occur in any of the following areas: (a) Natiw Forested Community, (b) Local Area of Particllar Concem, (c) Natural Resource Area, (d) Urban Wildemess Area, (e) Specimen trees are also included within this designation. KK. Soechnen Tree: Any tree which has a DBH of 18 inches or greater for conifers and 24 inches or greater for hardwoods or palms; which is well shaped and in 8 ,, 3 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 l6 t7 t8 l9 20 ,t 22 23 24 25 26 27 LL. MM NN good health as verified by the City of Dania, provided, however, that the following trees are not sp€cimen treesi (a) non-nati'.re fruit trees that are cultiyated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados, or species of citrus, (b) species of the genus Ficus except F. aurea (strangler fig), F. laevioata (short leaf fig), F. n:biqinosa (rusty fig or nst leaf fig), F. iacouinifolia, and (c) Paurtois palm (Acoelorraohe wriohtii), and the Phoenix palm (Phoenix reclinata) which are less that flfteen feet in height, and all other mufti-trunk palms. Structure: Anything built or constructed. Examples include, br-rt are not limited to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches, roads, utility installation, transmission lines, track and advertising signs. Substantial Deuiation: Any proposed modification or modification to a development, a llcense or a license application which, either individually or ormulatively with other changes, creates a reasonable likelihood of additional environmental impact, as covered by the scope of this section, or any change or proposed change that may resu.lt in any impacts on trees or natural forest communities. Tree Any living, self-srpporting, dicotyledonous or monocotl edonors woody perennial plant which has a DBH of no less than three (3) inches and normally grows to an overall height of no less than ten (10) feet on southeast Florida. For the ptrpose of this Chapter, the following are not considered to be trees: (a) Commercial citns tree species, except for single family or duplex homes (b) Bischofia iauanica Bischofia, bishopwood (c) Acacia auriculaeformis Earleaf acacia (d) Araucaria excelsia Norfork Island pine (e) Brassia actinophvlla Schefflera 9 1 3 4 5 6 7 8 9 oo. PP. oa. RR. ss. Tt. UU. ww. xx. YY. Tree- Intermediate: A tree which nahrrally develops an average height between twenty (20) and forty (40) Ieet as characteristic of the species. Tree Canoou: The upper portion of the kee consisting of limbs, branches, and leaves. Tree. Palm: A monocogrledonous tree having fronds with parallel venation and no tnre woody bark with a minimum overall natural height of twenty-f rtte (25) feel at maturity. Tree. Shade/Canoov: A tree, which by virfue of its natural shape, provides at mahrip a minimum shade canopy averaging forty (40) feet in diameter and forty (40) Ieet in height. Tree. Small: A tree which nah.rrally develops an average maximum height of twenty (20) feet characteristic of the species. Tree- Stondard: A wood perennial plant with one stem which has been tumed into an upright, small, hee{ike form. Tree Sunsev: A document meeting the requirements of 21'HH F.A.C., and must provide, at a minimum, the following informationr (a) The location plotted fu accurate techniques, of all existing trees; (b) The common and scientific name of each tree; (c) The DBH of each hee, or if a multiple trunk tree, the sum DBH for all trunks and; (d The City may require that canopy coverage be indicated on the tree survey. Turf (Sod): Upper layer of soil bound by grassy plant roots and covered by viable grass blades- Vehicular Encroachmenl; Any portion of a motor vehicle outside of the bomdaries of a vehicular use area that protmdes into a landscape area. Wnes: Any plant with a long, slender stem that trails or creeps on the ground or climbs by itself on a support. Xeriscaoe: A landscaping method that maximizes the consenation of water by the use o{ site-appropriate plants and an efficient watering system. l0 ll t?. l3 L4 l5 l6 t7 l8 l9 zo 2l 22 23 24 25 26 27 10 SEC7JON 2G75. Other Tree Remoual Petmlts 1. Any person who possesses on the effective date of this Article a valid City tree remoral permit iszued under the City of Dania Code oi Ordinances will not be required to obtain a tree removal license under this section. 2. Land development activities that do not require a site plan of building permit shall obtain a tree removal license under this section unlass: (a) Another valid tree remolal permit has been obtained prlor to the effectiv€ date of this Article, and SECflON2G76. F-xcePtions. 1. As provided Ior in Article I, Sec. 26'7 ufrSec.26-3; or 2. Removal of tree species ocqfiing in regulated waters as defined by Sections 27-331 to 27' 339 of the Broward County Code ol frinances when the midgation requit€d bv that license for the removal of the hees is equal to or greater than the replacement requirements of this Article; or 3. Nursery Operations: All licensed and go'.remmental nurseries shall b€ exempt from the terrns and provisions of this article, hn onb in relation to those plants which are planted and growing Ior sale or intended sale to the genera.l publtc in the ordlnary course of business or for Public PurPose. 4. Remoyal of any tree that is diseased, iniured or in danger of falllng, to the extent that its continued existence threatens the hea.lth or safety of contiguous persons or property provided that the ourner of the propeny can document that such condition(s) existed prior to the remoyal ol the tree. In the case of Natunl Forested Communitles, Sp€cimen trees or Historic Trees, documentation musl be presented to the City within forty-eight (tl{}) hours after remornl: or 5. Under emergency conditions such as hurricanes, war, or other nafural disasters of similar scope, county utilities, water management districts, improvements dlstricts, county airports, Florida Department ol Transportation, city utllities and franchlsed utilities, excePt as 11 6 7 provide b€low may remove a tree in order to prevent an imminent interruption of s€ruice or to restore intem.rpted service; or Dfiing emergency conditions caused by a hurricane or other disaster, the provisions of this article may be suspended by the direction of the City Manager. Remo'ral of any tree in owner-occupied residential properties of one acre of less developed for detached single-family and duplex usage, except the following: (a) Remo'ral or relocation of planted landscap€ trees prior to the issuance of a C€rtilicate of Occupancy; or (b) Remorral of Historical or Special Status trees. Remoual of trees, except historical or special status trees, by franchised utilities after the Gty and the recorded owner of the property on which the hees proposed to be removed are located, recei\re notification, delivered fifteen (15) calendar dalrs prior to hee remornl. The record owners may appeal to the City prior to the expiration of the 15 day period. Tree remo'ual may proceed after the expiration of the 15 day period, providing no letters of appeal ha'.,e been received h7 the Gty, if the utility can: (a) pro',re prior to tree remo'ral that: (1) the tree will caue a continual disruption ol service (specimen palm trees may be removed under this exemption), (21 the easement or property was in actual ue conveying uti.lities prior to the effective date of this section, and (3) the threat of service interruption cannot be remedled by tree pruning in accordance with National Arborist Association Standards or palm pruning in accordance with the standards listed in "Arboriculture &cond Edition" by Richard W. Harris, as amended, orr (b) provide prior to tree removal that the removal is Ior the purpose ol providing new/additional on-site service to existing development. Under this provision, the notification shall be in writing prior to the tree removal. The franchised utility shall I 2 3 4 5 6 7 8 9 l0 ll t2 13 l4 l5 t6 L7 l8 t9 m 2t 22 23 24 25 26 27 8.. 12 I 2 5 4 5 6 7 8 9 l0 ll l2 l3 l4 l5 l6 t7 l8 l9 20 2t 23 24 25 26 J7 9 not be required to obtain a license, but shall comply with all the standards, requirements, and conditions of this s€ction: and Removal of trees, except Historical or Special Stahs category trees, by a water management district or improvement district in or immediately adjacent to canals and lakes operated by the district provided that the district delivers to the City and to the recorded owner of the property on which the trees proposed to be removed are located, written notification, at least fifteen (15) calendar days prior to the removal of the tree (s). The record owne(s) may appeal the tree remoual by submitting a letter of appeal to the City prior to the expiration of the 15 day period. After the expiration of the 15 day period, providing that no letters of appeal have bee recewed by the City, the Dishict may remorre the tree(s) provided that: (a) the removal complies with all the standards, requirements, and conditions, other than Licensing (Sections 26 - 17 and 26 - L8l and Bonding (Section 26 -25) of this Article, and - (b) the canal was excavated in compliance with all applicable regulations or the canal was excavated prior to the effectire date of this ordinance, and (c) the canal is not an agricultural cana.l or ditch, (d and provided that: (1) the tree is causing an immediate disruption of water llow so that the canal cannot function at its designated capaci9, or; (21 the canal was in existence, in actual use con',reying water, and under a vegetation management program prior to the effective date of this section as shown by a map of the district water management canals. Remoual of trees, except Historical or Sp€cial Stahs category trees, by the Florida Department of Transportation or by Broward County or the City Public Work Department, on roads and road right-of ways maintained by the department provided that 10. 13 the departrnent delivers to the City and to the record owner ol the prop€rty on which the tree(s) proposed to be removed are located, written notification, at least lifteen (15) days prior to the remornl ol the tree(s). The record owner(s) may appeal the tree remorral by submitting a letter of app€a.l to the city prior to the expiration of the 15 day period. After the expiration of the 15 day period, providing that no letters of appeal have been received b the City, the department may remove the Eee(s) provided that: (a) the remorral is necessary becaue the tree(s) is an actual and immediate traffic safety hazard to indMduals using the road(s), (b) The removal complies with all standards, requirements, and conditions, other than Licensing (Section s 26 - 17 and 26 - 18) oI this Article, (c) the traffic safety hazard caused by the tree(s) cannot be remedied by pruning in accordance with National Arborist Association standards or palm pruning in accordance with the standards listed in "Arboriculture second Edition" by Richard W. Hanis, as amended, SEC ON 2G17. Ucense APPlication An owner of fee simple title may apply for a hee remorral license. After submitting certified approval of the fee simple owner, the agent of the owner, the lessee of the property, oPtionee, contract purchaser, or holder of an easement may apply for a tree remorral license. A holder of an easement may obtain a license only when the proposed tree remoual is consistent with the use granted by the easement. The City shall require that any tree surve!,s or site plans be prepared h7 any person qualified to do so under the laws of Florida' 1. Application For License: - Application for a Tree Remo,ral License shall be made on Gty forms and be. at a minimum, accompanied by the following documents' (a) a complete, signed and notarized application form; (b) a map showing the size and location oi the site where the licensed activities are to be conducted; l4 2 J 4 5 6 7 8 9 l0 ll t2 13 14 l5 l6 t7 l8 l9 :0 zl 22 23 24 25 2 (c)a starting date and duration of the proposed licensed activities; a briei description of the work to be performed, including a drawing of the proposed work or a certified site plan as determined by the City, showing the location ol all existing or proposed buildings, structures, and site tses; a certilied tree $rvey, and site plan of identical scale designation those trees which are proposed to be preserved, relocated, or removed, unless not required by the City. However, in no case shall a tree srrvey be required when the property contains {ive (5) or less trees; and the certified legal description of the site. (d) (e) (0 Application Frling Fee (a) Before any application for a license required under this Article is accepted for review, a license application filing fee shal be tendered. The amount of the fee shall be as establshed by resoLrtion of the Dania Crty Commission. (b) The license applicatlon flling fee ls not refundable and may not be applied to any license application other than the one for which it was originally paid. (c) For any substantial deviation from the original application there shall be an additional fee. The amount oi the lee shall be established by resolution by the Clty Commission. Application for a hee removal llcense constifutes consent by the property owner and,/or applicant for the Gty to conduct site insp€ctions ln furtherance of this Article on the subject property. 3 6 SECTION 2G78. Tree Remooal License 1. As a condition precedent of any land clearing and /or sile development where any tree removal or relocation is to be conducted, except as otherwise exempted under this Article,:'7 15 7 3 4 5 6 7 8 9 l0 ll t2 l3 14 l5 16 l7 l8 l9 20 21 22 ,,4 24 u a person may submit a swom affective to the City stating that the property the person wishes to develop does not contain trees that are protected under this tree ordinance. The City may conduct a review or site inspection. A tree may be remowd only when an applicant has demonstrated to the City that the proposed development cannot be located on the site without the removal of the tree, and that there is no practical way to avoid tree remoual. In determining if the applicant may remove tees pursuant to a tree remo'.ra.l license the Gty shall consider at a minimum the following: (a) The applicant has made every reasonable effort, consistent with the plan of development, to incorporate existing trees and to minimize the number of trees remo'.red; (b) The trees proposed to be removed are the minimum number necessary; and (c) The trees proposed to be removed are oi poor quality and appearance, are damaging existing improvements, are creating ongoing safety problems for existing development, or are growing in too close proximity to other trees to permit normal growth and development of affected trees consistent with good foreshy practices. The applicant must relocate the trees to be removed. If relocation is not a viable solution, an applicant shall replace removed trees. If it is determined that an applicant cannot relocate nor replace removed trees, the applicant shall pay the appropriate fee into the Tree Preservation Tnst Fund. A determination of the extent of environmental impact by the proiect development as covered by the scope of this Article shall be performed by the City. This determination shall be based upon drawings or site plans and a completed hee removal license application form submitted to the City by the applicant. City staff shall have the right to conduct ,ield inspections. 3 15 2. I ) 3 4 5 6 7 8 9 r0 11 t2 l3 14 l5 l6 t7 l8 19 20 2t 22 23 24 15 26 27 The applicant shall be responsible for the relocation or the replacement of trees remoled for utilities, roads, drainage, and other services constructed to benefit the property for which the aPPlication was filed. Other Trees - The licensee shall only remove thos€ trees so specified in the license' Any damage to any other tree in the site shall constitute a violation of this Article' Duration.Alicenseshallbeualidforthedevelopmentfornotmorethantwo(2)yearsfrom the date of issuance. A one time extension of up to two years may be issued provided there is no substantial deviation from the original application and the license extension complies with all standards in effect at the time of the license extension' Additional conditions may be imposed in the license extension when there is a change in site conditions that may elled lrees' Where any activity regrrlated by the tree removal licerrse has occurred, the licensee must comPly with all conditions of the license even though the license may have exPired. SECTION 26'79. Tree Relocation Before the City issues a tree removal license that allows the replacement of any tree, the applicant must demonstrate that relocation is not a viable altematir'e' Relocation shall occur either within the site or off-site with the concurrence of the City' where the site is public property, or with the concurence of the property owner' where the site is private property. The site shall be in reasonable proximity to the original site and have physiographic conditions similar to the original site' lf any tree is to be located either on- site or oif-site, a relocation plan shall be submitted. Relocation plans, as required by this s€ction, must first be reviewed and approved Prior to granting the tree remo'ral license' Before a license is issued Ior tree relocation, performance bonds may be required to be posted. Methodsforrelocation-Thefollowingguidelinesshallbeutilizedtoensurezuccessfttl transplanting of trees designated for transplanting: 4 5 6 1 2 77 2 3 4 5 6 8 9 (a)Any tree being relocated shall not be unnecessarily damage during remo'ral, transport or replanting of that tree. If the trees have a dormant period, they should not be transplanted during that time. Trees should not be kansplanted during periods of strong, dry winter winds or during droughts. Adequate spaces for root and crourn development shall be provided. Trees shall be root and canopy pruned according to sound abroriclltural standards prior to kansplanting. During and following kansplanting, the root ball and trunk shall be protected. The root ball must be kept moist at all times. Transplanted trees shall be braced for at least one year. Transplanted trees shall not be fertilized at planting time, but shall be watered sufficiently until the tree growth is re-established. All crown pmning shall be done in accordance with National Arborist Association standards or palm pruning in accordance with the standards listed in "ArboricrLltr.re Second Edition" by Richard W. Harris, as amended. (b) (c) (d) SECflON 26-20. Tree Replacement 1. Replacement Criteria - Trees that are removed and not relocated shall be replaced so that there is, at a minimum, no loss of tree canopy coverage upon maturity of the replacement trees. Performance bonds may be required to be posted. The following procedures shall be used to determine the hee replacement requirements. (a) Tree canopy coverage on-site shall first be determined using one or any combination of the following methods: review of aerial photography, on-site inspection, or review of a tree survey. The City shall require the applicant to submit a tree survey in order to make this determination, unless the applicant can demonstrate that is clearly unnecessary. (e) (0 G) (h) l0 ll 12 t3 l4 l5 l6 t7 18 l9 20 2t 22 l5 24 25 26 27 18 2 (b)Relocation of trees on-site will be counted towards equivalent replacement canopy' Relocation of trees off*ite shall be counted as hall credit towards equivalent replacement. Guidelines is this section shall be followed for any trees to be relocated. A determination of the number of trees to be replaced shall be performed' This determination shall be based upon the area of impact and the category of replacement trees selected by the applicant. The canopy replacement at tree maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees: Reolocement Tree Cateoorv Eouiualent kee Aooendix Reolacement Canoov Area in so. ft. Category l Tree 300 Calegory2Tree 150 Category 3 Tree 100 Category 4 Tree 50 (c) Minimum Standards for Tree Replacement (a) All trees to be used as replacement trees shall be a minimum quality of Florida No. I grade or better (Florida Department of Agriculture). (b) Only trees listed in Appendix 1 (Replacement Tree Species) or Appendix 2 Recommended list of trees under powerlines) shall be used as replacement trees' The applicant shall have the option of choosing the category of hees for replacement provided that the total square footage of canopy coverElge effectively destroyed, and at least 50% of the replacement trees are from Category 1 lf Category 1 native kees are unavailable, the Category 2 kees may be use to fi:lfill this requirement. 19 2 J 4 5 6 1 8 9 10 u t2 l3 t4 t5 16 l7 l8 l9 20 2t 23 24 25 26 27 (U Category I - minimum ol twelve (12) feet in height and two (2") inches DBH at time of planting (see Appendix 1) (21 Category 2 - minimum of eight (8) feet in height at time of planting (see Appendix 1). (3) Category 3 - minimurn ol six (6) feet in height at time of planting (see Appendix 1 or 2). (4) Category 4 - this covers replacement palm trees - minimum of six (6) feet clear trunk or greywood at time of planting (see Appendix 1). Replacement trees shall not be removed or effectively destroyed unless approrral has been granted by a rralid tree remo'ral license. The original licensee and owner of any propertyr on which trees have been replaced or relocated shall place of record a notice that shall inform subsequent purchasers, assigns and occupants of the replacement site, that trees on the replacement site may not be remoued without a valid hee removal license SECTION 26-27. General Relocation/Replscement Conditions 1. Any tree remaining on-site shall not be unnecessarily damaged while relocating trees or planting or preparing the site ior any replacement trees. 2. Replacement or relocated trees shall not be placed where they will interfere with existing or proposed utilities, either above or below ground. Acceptable trees that can be planted in the vicinity of overhead power lines are listed in Appendix 2. 3. Where practicable, replacement tree species, installation methods and maintenance methods shall {ollow xerirape principles. 4. The licensee shall replace each hee specified in the license within a time period of up to six months with City approval. A time extension may be granted if fuh-re construction will endanger the replacement trees. However, where an extension for planting has been granted, each tree specilied in the license must be replaced prior to appro';al of a Certilicate of Occupancy or Completion. 20 J. I 2 3 4 5 6 7 E 9 10 ll t2 l3 t4 l5 l6 t7 l8 l9 l0 2l ',) 23 :4 :5 )_6 !7 A.ll relocated or replacement trees shall be located where they will have adequate space for root and canopy development, except where small trees planted in close proximity to one another are to be later relocated to other areas of the site. Where practicable, trees shall be relocated or replaced within the City from which the origina.l trees were remo',red. Relocated or replacement trees which may reach a height of 30 feet shall not be placed within 20 feet of an overhead utility line. SECflON 26 - 22 Maintenance/Monitorlng Requbements 1. The licensee shall be responsible for maintaining the health of any replacement or relocated tree for one (l) year from planting. 2. Determination of Success - (a) The licensee shall determine the condition of each tree one year after the tree qlas relocated or planted. This determination sha.ll be submitted to the City for approual within thirty dap of being made. (b) Should any tree die or be in a state of unnatural decline within one year of being planted or relocated, the licensee shall be required to replace the tree within sixty (60) daW of that determination. The one year monitoring and approral period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end oI the second year monitoring period, the licensee may pay the appropriate amormt into the Tree Preservation Tnrst Fund as required fu *dion 2G23 in lieu of planting a third replacement kee. If the licensee fails to replace the tree or to pay the appropriate amount into the Tree Preservation Tnrst Fund within sixty (60) days, then the licensee shall be in violation of this Section. 3. Large Scale Pro.iects - lf a tree removal license includes the relocation of 10 or more trees, or the planting of 100 or more replacement trees, the determination of success for the overall relocation effort shall be braced upon a percent survival rate. A successfr:l project 5 6 7 2L 2 3 4 5 6 7 8 9 l0 1l t2 t3 t4 l5 l6 t7 l8 l9 20 2t 22 23 24 25 26 27 shall be one in which 90% or more of the relocated or replacement hees are determined to be viable after a period of one year. lf a larger scale project is determined to be successfi:I, additional replacement trees will not be required. SECIION 26 - 23 Payment In Lieu of Replocemenl/Relocation When allowed by a tree removal license, any trees which are remorred and not relocated shall be replaced in accordance with the requirements of this Article. As a condition of being gmnted permission to remove any trees, the developer, prop€rty owner or other applicant shall be required to replace such trees, unless it is demonstrated that replacement is not a viable altemative due to a lack of available space. Where replacement cannot be accomplished the appLicant shall pay a replacement fee in lieu of actual hee replacement costs into the City of Dania Tree Preservation Trust Fund. A schedule of current value of replacement trees plus installation costs which will be use to calcdate replacement fees shall be established by the City, approved by resolution by the Commission and updated as necessary. SECflON 26 - 24 Spcial Status Category Trees Projects containing Special Stahs Category Trees are subject to the following additional criterla: 1. Criteria and procedures for designation as a Natural Forest Community. (a) On the effective date of this ordinance all IAPC's, NBA's, UWA's and ESL's which have been so designated @ Browarrd County that lay in the City of Dania shall be designated as a Nah:ral Forest Community. (b) The designation ol other real prop€rty as a Natural Forest Community shall be made by the Commission lollowing a public hearing. Before a site is des@ated as a Natural Forest Community, the Commission shall make a finding that the Natural Forest Community is at least two acres in size, is generally comprised of a canopy, subcanopy and groundcover, and is populated by native vegetation associated with one or more of the following communities: (1) Beach and Dune Community 2 3 4 5 6 7 E 9 l0 ll l2 t3 t4 l5 l5 t7 r8 l9 20 I )) l3 24 5 t6 !7 (c) A community composed of unconsolidated sand facing the ocean and shaped by the wind, waves, currents, and tides. Sand may be piled up \ the wind forming dunes, Characteristic plant species include, beach sunflower, s€a oats, sea grape, beach star, beach creeper, Spanish bayonet, cocoplum, railroad vine, beach peanut, beach croton, beach bean, saw palmetto, pricldy pear and nickerbean. (21 High Hammock Community This community develops slowly as organic material accumulated creating a favorable land eleuation. The presence of a high hammock indicates that the site has been undisturbed for a period of time. High hammocks are among tIe most di'.rerse systems in South Florida containing more that 100 species of trees and shrubs, characteristic tree sp€cies include: li,,p oak, willow bustic, lancewood, mastic strangler fig, satinleaf, mulberry, Simpson stopper. Shrubs include a variety of fems. Developed areas may also be in this classification. The communigr does not necessarily have to be rracant land. The Gty Commission shall direct the Gty Manager to publish and mail or hand deliver a notice ol public hearing to consider designation of a site as a Natural Forest Community. Notice of hearing to b€ held by the commission to consider designation of a site as a Natural Forest community shall be those required for a City Commission Public Hearing. In addition notice shall be mailed or hand delivered to the effected property ownerc at Ieast fifteen (15) days prior to the hearing date. Such notice shall state time, date and place of the hearing, the location of the property under consideration, the ecological community or communities alleged to be included within the property, and the effect of the designation on lands classified as Nafural Forest Communities. For purposes of this notification, an oumer of property shall be deemed to be the 2 ) 4 5 6 7 8 9 l0 ll t2 l3 t4 t5 t6 t7 t8 l9 t0 :l )-2 :3 14 ':5 r6 '7 (d) person who is shown as the owner on the tax rolls ol the Browand County Property Appraiser unless the City has ach.ral notice that a person or entity other than the person or entity shown on the tax roll is the owner Followlng designation of a Natural Forest Community, notification of such designation shall be sent to the property owne(s). [n addition a map depicting sites designated as Natural Forest Communities shall be maintained at the Gty for viewing by the public. Natural Forest Communities Trees may be removed provided that the applicant adheres to the following preservation requirements to the extent determined to be practicable by the Crty, (a) Any areas identi{ied during the Iicensing process as providing habitat to listed species in the most recent version of "Official List of Endangered and Potentially Endangered Fauna and Flora in Florida" by the Florida Game and Freshwater Fsh Commission shall be ldentilied and preserwd. (b) Areas of high wildlife utilization on*ite shall be tdentified and preserwd. (c) Areas which contain relatir,ely undisturbed canopy and/or have good stratification of coler (e.g. canopy, zubcanopy, ground cover) shall be identified and preser'.red. (d) Utility line installations shall not be located in preservation areas. (e) Resource Management Plan: Any proposed development activity which would negatively impact the Nahrral Forest Community must be mitigated through a Resource Management PIan, approwd b the City, which significandy improves the viability of the remainder of the resource. No Tree Removal License shall be issued until an agreement providing for the implementation of the Resource Management Plan has been sxeorted and recorded, and any covenants, eas€ments or physical improvements required by the plan are in place. A Certificate of Occupanry shall not be issued for developments that include Nah:ral Forest 2. 2 3 4 5 6 7 8 9 l0 ll t2 13 t4 l5 l6 t7 l8 l9 20 2l 22 23 24 u (0 Communities unless it is determined that the applicable provisions of the Resource Management PIan have been met. Conservation Easement: As a condition of an issuance of a license under this stbcategory where pres€rvation is required, a conseffation easement shall be granted by the applicant to the City and the citizens of the Gty. The conservation easement shall: (1) be duly executed and recorded and placed on the face of the plat, (21 meet the approual of the Gty Attomey, (3) prohibit land clearing, development or other harmfr:l activity on the preserved portion of the Natural Forested Community, (4) allow access to the cons€nration eas€ment by agents of the City of Dania to conduct studies, inspection, and other activities consistent with the purpose of th€ conservation easement, and (5) need not provide for access by the general public. (3)Specimen trees - Projects or prop€rties containing Specimen Tree(s) are $rbiect to the following additional criteria: (a) Specimen trees are subject to the preservation and relocation criteria of this Article. If it is determined by the City that tree relocation is not feasible, then payrnent shall be made into the tree Presenation Tnrst Fund. Payment shall be based on the value of the tree(s), determined by The Valuation ol Landscape Trees, Specimen Shrubc, and Other Plants"' published h7 the Intemational Society of Arboriculh:re. 6 21 25 1 3 4 5 6 7 8 9 10 ll t2 l3 l4 l5 l6 t7 18 t9 20 2t a1 23 24 25 SECTION 26'25 Bond Bequirements Bonds, as required by this Section, shall be in the form oI letters of credit, certificates of deposit, cash bond, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the City Attomey. The letters of credit and certificates of deposit shall be draum upon banks or savings and loans legally and ach-rally doing business in Florida. Such bonds must meet the approrral of the City Attomey's Office. This bond shall by in addition to any other bond-required by any other gowmmental entity. 1. Bonds shall be required for licenses involving the replacement of ten or more trees, or the relocation of five or more trees, or the relocation of any tree with a DBH oi ten inches or greater. 2. Calc,lation for the amount of bonds shall be computed based upon the equivalent canopy replacement criteria applied to each tree to be relocated or replaced, as provided in subsection 26 - 20 and upon the cost of installation and maintenance. The fair market ,ralue of the cost of trees that would be required to compensate for the canopy to be related orreplacedsha,llbeposted.Thebondperiodshallbeforthetreereplacement performance period, as stated in the license or as extended or released, plus and additional 60 days. The form of security shall be reviewed by the city Attomey's office ,or legal sufficiency and may not be accepted until approved- 3. Release o{ Bonds (a) Upon *rcessful tree relocation and replacement as determined by this Article and writtenapprorralbytheCitybondsrequiredfortreerelocationandreplacement shallbereleased.Wherepossible,bondsshallbepartiallyreleasedforpartially successfi:l relocation/replacement proiects' with the amount retained equal to the value of the additional replacement trees required, plus installation and maintenance 26 (b) Bonds may be released by the Gty when fee simple title is transferred. The City of Dania may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple. Where the licensee plants fifty percent (50%) more that the required number of replacement trees and establishes a suitable maintenance plan to ensure the viability of the replacement trees, the City may recognize the additional replacement trees as suitable security in lieu of a bond. SECTION 26- 26 Historica,l Trees 1. The State, County, the City oi Dania or any Historica.l Presenration Society recognized by the Commission may request that the City dasignate a particular tree or group of trees within its jurisdiction as a historical tree. Also, any property owner may make a similar request providing the request is for a tree of group of trees located on property under his of her conbol or ovvnership. The request shall contain the a<act location if the tree(s), the name and addra$ of the current owner and elled€d utilities of the land upon which the tree is located, and the reasons for requesting the designation. Upon receipt of the request, the Gty shall immediately notify the affected landoumer and affected utilities by certified mail of the request. The partic{.lar tree of group of trees which is the subject of the request shall not b€ removed until the designation request has been acted upon fu the Commission. 2. Consideration by the Commission: A public hearing shall be scheduled within sixty (60) da5n ol receipt of the request to consider the matter. When the person(s) requesting this designation is not the property owner, the properh/ owner shall be notified of the request and the time, date, and place of the hearing. The Commission shall only designate a tree or group of trees which meets the following criteria. 4 i,) r3 t4 r5 6 1 .| 3 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 t6 t7 l8 l9 20 2t 22 23 24 25 26 (b) SECTION 25 ' 27 Protection From Constrtctlon Wotk Drring any constmctlon, land development or lot clearing, the contractor and the owner of the property subject to this Section shall adhere to the requirements which follow: (l) place and maintain protective barriers around the drip line of all hees to be retained on the site to prevent their destruction or damage. The protective baniers shall be conspicuous enough and high enough to be s€en easily by operators of trucks and other equipment. protective baniers shall be constructed of sturdy material (not flagging or ribbons); (21 Not store or use materials or equipment within the drip line of any tree to be retained on site unless the activity is being done to protect trees; (3) Not discharge or contaminate the soil within the drip line of any tree to be retained on site with any construction materials such as paint, oil, sol'Jents, petroleum products, asphalt, concrete, mortar, or other materials that may cause adverse impacts; (4) Clearing of wgetation within the drip line of trees designated for presenration shall only be by hand or light rubber wheeled equipment that will not damage kee roots; (5) Utilize retaining walls and drywalls where needed to protect trees to be preserved from severe grade changes; ao (a)The tree(s) must be related to an e'.,ent in modem history, historic events or individuals since the birth of our nation' or any event in the known history of the hurnan race; and, (1) The tree or group of trees resides on historically significant property and can be linked to the person or event oI historical significance or, (21 the tree or group of trees is uniquely related to the heritage of the City of Dania or, the kee or group of trees has yalue due to extreme age (a tree(s) that is at least seventy-five (75) Yean old.) 1 J 4 5 6 7 8 9 l0 1l t2 t3 t4 l5 t6 r7 l8 l9 20 2t 22 'r'1, 24 E 76 ,,1 (6) (10) I Pruning of trees to be preserved shall be in accordance with the standards for pruning established by the National Arborist Association or standards for palm pruning as listed in "Arboriculture Second Edition" by Richard W. Harris, as amended; Make no attachments, other than those of a protective and nondamaging nature, to any tree to be retained on the site; Not change the natural grade abo'.re the root system within the drip line of any tree to be retained on site unless in can be demonstrated to the Gty that it will not damage any tree; Avoid any encroachments, exca'.,/ations or s€uere grade changes within the drip line of preserved trees unless it can be demonstrated to the City that it will not impact any tree; and Any tree designated to be preserved which are damaged during construction sha.ll promptly be repaired. (7t (8) (e) SECTION 26 - 28; Tree Preseruation Trust Fund 1. Establishment of Trust - There is hereby created the Dania Tree Preservation Trust Fund (the 'Trust') for the Frposes of acrepting and disbursing the replacement fees paid to the Commission as part of Tree Removal Licenses and any other monies deposited with the City for tree preservation purpos€s. This fund shall solely be used for the planting of trees in the Ci$ and any other ancillary costs associated with planting of trees. Ancillary costs shall not exceed 2096 of the cost of the particllar tree planting project. 2. Term of Existence - The Tnrst shall be self-perpefuating from year to year unless specificafly terminated by the Commission. 3. Tnrst Assets - All monias received hereunder from public or private concems shall be placed in tnst for and inure to the use and benefit of the City and its successors and assigns in interest. Said funds shall be expended, utilized and distributed only for the planting of trees as designated by the Commission. 29 Tnrst Administration (a) Trust Funds shall be expended, dilized and disbursed only for the purposes designated bY the GtY. (b) All monies deposited hereunder shall be deposited in the Trust' which shall be a separate account established and maintained apart from the general revenue fund and account ol the CitY of Dania (c) Monies obtained hererurder may be accepted on behall of the City fu the Growth Management Director of his or her designee, and upon receipt shall be delivered to the Gty Finance Department, which sha.ll cause the same to b€ credited to the Tnrst. Disbursal of Conversion of Assets (a) Fxpendih-rres of over seven thousand liw hundred dollars ($7,500) shall require Commission aPProval. (b) The exp€nditures {or planfing of trees to be made by the City will b€ made in accordance with the guidelines of the Crty pertaining to contracting and purchasing and any detailed procedures will be reflected in the intemal procedures of the City. The disbursement of these monies shall be under the control of the Commission and. when required, shall be coordinated with City Deparhnents and the Commission. (c) Trust funds will be uses to obtain trces, landscaping, sprinlder systems, and any other items or materials necessary and proper for the pres€nration, maintenance, relocation or restoration of tree ecosystems, for any public land in the Gty. These monies may also be used to cover the expense of relocation of trees in the Citv. 5 ,'' .t 4 5 6 7 8 9 10 1t t2 l3 t4 l5 l6 t7 18 l9 20 21 22 23 24 ?5 26 27 30 4. I 2 , 4 5 6 7 8 9 IO ll t2 l3 t4 t5 l6 t7 t8 l9 20 2l "r1 ,? 24 25 26 z7 SECIION 26 - 29 Mitisotion Mitigation shall be required to offset any environmental impacts caused by the unlawfr:l remo'.al of any tree. SECTION 30.32 RESER!/ED ARTICI,J. III TREE ABUSE SECTION 26 - 33 Definitlons 1. In interpreting the provisions of this article, if no definition is provided herein and the context permib, the latest editions of the following publication recognized as authoritative in the scientific field shall apply: (a) 'Tree Protection Manual lor Builders and Developers" by the Florida D€partment of Agricr.rlture, Division of forestry; and (b) "standards for Pruning shade Trees" by the National Arborist Association. 2. As used in this article, the following wonds and terms shall be defined as set lorth herein; (a) Enforcement Agency The Code Enforcement Division of the City of Dania is designated to enforce this adicle. (b) Hatto,ck To flat cut the top or sides o a tree to se,,/er the leader or leaders, or to prune a tree fu stubbing of mah.re wood, except where removar of branches is necessary to protect prop€rty and public safety. (c) Nuisance Species A tree species set forth under &ction 26_13(Jq. (d) Prune To cut away, remove, cut ofl or ctrt back parts of a tree. (e) Iree A lMng, self-supporting woody perennial plant which has a trunk diameter of no less than three (3) inches, measured four and one-hatf (4 1/2) leet above the ground, or no less that the minimum size required for landscaping under the applicable landscape code, and normally grows to an ovemll height of no less than ten (10) feet in South Florida. 31 (0 Tree Abuse shall mean l. To hatrack a tree; or 2. Pruning that reduces the height or spread of a tree that has not attained a height or spread of thirty (30) feet; or 3. Cutting upon a tree which destroys its natural habit of growth; or 4. Pruning that leaves sh.lbs or resr:lts in a llush cut; or splitting of limb ends; or 5. Peeling or stripPing oi bark: or remoual of bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third of the length of the tine falls on portions of the tree where bark no longer remains; or 5. The use of climbing spikes, nails or hooks, except for purposed of total tree remova.l or as specifically permitted by National Arborist Association Standards; or 7. Pruning that does not conform to National Arborist Association Standards' The remoual of diseased or dead portiors of a tree, the remoual of interfering, obstructing, or weak branches, the removal of interior branches in order to decrease wind resistance, or the complete remorral of a tree pursuant to a valid Tree Removal license shall not constitute tree abuse under this article. Topiary The practice of pruning a tree into an omamental shape by the remoual of branches no longer than one (l) inch in diameter. Wolator A person who ahrses a tree of other-wise violates this article. The owner of property upon which the abused tree is located shall also be deemed a violator if the tree abuses is undertaken by the owner's employee, agent or p€rson under the owner's control or by the owner. 2 3 4 5 6 7 8 9 G} (h) l0 1t t2 l3 l4 t5 t6 L7 t8 t9 t0 :l !2 )-3 5 '.6 32 I Destruction of the Naturul Ha,bit ol Grouttft pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will nwer regain the original characteristics oI its tree species, and is a danger to the public or property; or pruning defined herein as tree abuse that results in the tree's death. SECTION 26 - 35 Prohibition ol Tree Abuse; Exemptlons; Variances. 1. No person shall abuse a hee located within the City of Dania unless one of the following exemptions applies: (a) The tree is one of the tree species listed in Section 26 - 13 QJI and the abuse does not result in a tree that threatens public safety or adjacent prop€rty. (b) The abue is necersary to alleviate a dangerous condition posing an imminent threat to the public or propertlr. (c) County, Clty or franchised utilities, water control districts, and their authorized agents, may obtain a p€rmit from the City, renewable on an annual basis, authorizing the pruning of trees in a manner that may be defined herein as tree abue provided such pruning is necessary to prevent interruptions, or to prevent interference with the operation of water control strucfures. (d) Topiary pnrning shall only be allowed lor trees located on owner-occupied property developed for detached single{amily or duplex tsage, or for those trees (i) 2 3 4 5 6 7 8 9 l0 ll t2 l3 l4 l5 l6 l7 r8 l9 m zt 22 23 24 25 J6 27 33 SECIION 26 - 34 lcgislatioe Findlngs In addition to those legislative findings relating to the importance of tree to the public set forth under Section 26 - 12 oI the City of Dania Code of Ordinances the Commissioners of the City of Dania Iinds that regulations ol the cutting, trimming and pnrning ol trees within the City will help ensure that the health, fi.rnction and rralue of trees are protected, and will help to prevent dangerors branching conditions that may res-ult in damage or injury to citizens or property. 1 2 3 5 6 7 8 9 l0 ll 12 l3 t4 l5 l6 t7 l8 l9 20 2t 22 23 24 25 16 that were not installed to meet minimum landscape requirements and are identifies on an approved landscape plan as appropriate for topiary pruning, and are located outside of rights-of way or road easements. Any person may apply to the enforcement agency for a variance from the terms of this section, provided that; (a) The application ls made before any actions for which a variance is sought have been undertaken. (b) Any alleged hardship is not self created h/ any person having any interest in the property, A hardship shall not be considered self created if the subject tree was installed prior to the effectiw date of this Article. (c) There are unique and special cirqrmstances or conditions applying to the subject tree or property upon which it is located, that do not apply generally to other trees or properties. (d) The yariance proposed is the minimum variance necessary to alleviate the hardship. (e) That the granting of the rnriance will be in harmony with the general intent and purpose of this Article and will not create a dangerou condition that threatens the public or property. SECflON 26 - 36 Remedial Actions Bequired 1. In the er,rcnt a person abuses a tree in violation if this Article, the violator shall be responsible to undertake pruning and other remedial actions that the enforcement agenqr determines are reasonably necessary to protect public safety and property, and to help the hee survi',/e the tree abuse damage il the tree is not a nuisance species. 2. If the natural habit of growth of the tree is destroyed, the violator shall install a replacement tree. Such abused tree shalt be remowd if it threatens public safety or property. 34 2. Each replacement tree sha.ll be a species found on the list in Appendix 1. Replacement trees shall be Florida No. 1 quality or better. The diameter ol the replacement tree shall be equal to or greater than the diameter oI the abused tree. More than one (1) tree may be utilized for replacement if the aggregated zum of the diameters of the replacement trees is equal to or greater than the diameter of the abus€d tree. Each replacement tree shall have a largest diameter commercially available in Dade, Broward and Pa.lm Beach counties for the tree species selected, provided that no replacement tree shall have a diameter of less than three (3) inches. Diameter measurements shall be made at Iour and one-half (4 1/21 leet above +he ground. This subsection shall not require the replacement of abused trees that are located on owner-occupied property developed for detached single{amily or duplex usage or that are nuisance sp€cies. Replacement trees shall be installed on site. In the e'.rent the site cannot accommodate all required replacement trees, the remaining replacement trees shall be installed on public lands il approved by the enforcement agency. If no suitable public lands are located the violator shall pay a fee into the Tree Preservation Tnrst Fund account. For each abused tree, the fee shall be determined by multiplying the remaining percentage of the aggregate diameters of the replacement tree that cannot be replaced on site by the remolpl fee established pursuant to the applicabie tree pres€Mation regulations. Remedial actions and replacement required under this section shall be completed within sixty (60)days of notice lrom the enforcement agency that such actions are required. The enforcement agency may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property. No tree removal permit shall be required under the Dania Code of Ordinances to remove a tree a required by the enforcement agency under this article. 2 J 4 5 6 7 8 9 l0 ll 12 r3 t4 l5 l5 17 l8 l9 m 2l 7) 23 24 E 26 n 5 6 sEctroN 26 -37 - 40 RESERWD. 35 J, 4. 2 1 4 5 6 7 8 9 l0 ll t2 l3 l4 l5 t6 t7 l8 l9 20 :r 22 t3 74 t5 t6 Article IIl. LandscaPing SECTION z4l- Declarotion ol Legislatloe Intent' The intent of these regulations is to enhance the nah.rral environment and beauty of the city by providing for landscaped green spaces, trees and other Plant material and arranging them h a pleasing manner in relationship to paved areas and struchrres' SECTION2642. Exceptions- Single lamily and duplex are exempt from this article, except for Section 26-43'53' SECTION 2H3- Plonting Prohibited' The following plant material is prohibited from being planted within the Crty Umits ol the Crty of Dania: Schinus terebinfols (Brazilian PepPt Trce) MetoPium toxiferum (Poison Wood) Australian Pine Melaleuca SECTION 2H4. E:dsling NonConlotming Vehicult Use Areas' F..:<isting vehicular use areas which do not comply with this article shall be brought into conformity with these regulations upon the occulrence of any one of the following conditions: l. When the total square footage of the vehiaiar use area is increased or decreased h7 ten (10) percent. 2- When there is a stnrctural addition which increases the total gross floor area of any adsting building on the property more than 5,000 square leet or fifteen (15) percent, whiche',,er is less. 35 , 4 ) 3 4 5 6 7 8 9 l0 ll tz l3 t4 l5 l6 t7 l8 r9 20 2l ',) 23 24 25 26 When no occupational license has been active for a period of one hundred eighty (180) da5n or more. Any change of use involving a change of occupancy group in accordance with the South Florida Building Code (cunent addition), the requirements of this article shall be met before an occupational license may be issued for the new tse. SECTION 2645. Natiue Plant Matefial. The planting of native plant materials is most desirable and prefarred, the use of indigenow plants and trees is encouraged. A minimum of forty (40) per cent oI all new plant material required by this article shall be of natiw plant material. SECTION 2@6. Varionce. ln cases where strict application of this article cannot be met due to extenuating circumstances, the applicant may p€tition the City Commission for a yariance. SECflON 2H7. Landscape Plans Required. A landscape plan shall be submitted with the site plan for corsideration by the Ptanning and Zoning Board and the City Commission. The landscape plan shall be signed and sea.led h7 a Florida Registered Landscape Architect and shall at a minimum contain the following: a). Same scale as the site plan, but no smaller than one (1) inch equals fifty (50) feet. b). Existing trees to remain, to b€ relocated or removed. c). Existing trees and shrubs and site improvements on abutting properties within twenty-five l25l leet of the property lines. d). The location and outline of proposed buildings and site imPro',tements. e). Proposed and existing parking spaces to remain and other vehicular tse areas, access aisles, driveways and sidewalk. 37 2 3 4 5 6 7 8 9 l0 l1 t2 l3 t4 l5 l6 t7 l8 l9 m 2t 22 ,1 24 25 t6 SEC ON 2648. Londscape Bequitements lor Vehicle Use Areas' a). In order to improve the appeaftmce of vehicular LLs€ areas and to protect and preserve the appearance, chamcter and 'ralue of the zurrounding neighborhoods, and thereby promote the general welfare by providing for installation and maintenance of landscaping, screening and aesthetic qualities, the following standards are established. This section is applicable to all vehicular use areas, save and except underground or building enclosed use areas and parking areas serving individual single and two family homes b). Develooments. On the site of a building or op€n lot ue providing a vehictrlar us€ area, where zuch area will not be entirely screened visually by an intenening building or structure from any abutting right-otway, lhere shall be provided landscaping between such area and slch abutting right-o{-way or property as follows: F 38 0. A table of data indicating required quantities and provide quantities of proposed plant material, gross and net acreage, number of kees to remain, number of trees to be relocated, number of trees to be removed and square footage of vehicular tse areas. S). Proposed plant materia.ls by botanical and common names' sizes, and spacing' h). Site lighting locations' i). Existing and proposed water bodies or retention ponds' j). Planting details and planting specifications' k). Preliminary irrigation plan or note on plan indicating that an irrigation plan shall be submitted for approyal prior to issuance of a building permit with one hundred (100) percent overlaP. l). such other information that may be required to git/€ a complete understanding ol the proposed Plan. 2 ) 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 l6 t7 l8 l9 20 2l 22 23 c 1) A strip of land at least ten (10) feet in depth located between the abutting right-of way and the vehicular use area shall be landscaped. The required landscaping shall include one (1) tree for each thirty (30) lineal leet or fraction thereof as measured along said abutting right-of-way. Such trees shall be located between the abutting right-of-way and vehicular use area, arranged to best enhance the property. In addition, a continuoLrs hedge, wa.ll or other durable landscape barrier shall be placed at no closer to the vehicular us€ area than five (5) feet and shall be maintained at three (3) feet minimum height above the adjacent use area for the length of the vehicular use area. Reouired Landscaoino Adjacent to Abuttino Prooerties for Multi-Familu Residential Properties. A strip of land five (5) feet in depth located between the abutting prop€rty and the vehictlar use area shall be landscaped. The required landscaping shall include one (1) tree for each forty (40) lineal feet ol fraction thereof as measured a.long said abutting property. Such kee shall be located between the abutting property and the r.rehicular us€ area, arranged to best enhance the prop€r$. ln addition, a continuou hedge, wall or other durable landscape barrier shall be placed no closer to the vehicr.dar use area than two and one hall (2-l/2) feet and shall be maintained at three (3) feet minimum height, but not higher than Five (5) feet above the adjacent whicr:lar us€ area and the abutting property. If such durable landscape banier is of non-living material, one (1) shrub or vine shall be planted along both sides of the non{iving material at the rate of one (1) plant for each lour (4) feet ananged to best enhance the property. The remainder of the required landscape area shall be landscaped with turf, ground cover or other landscaping excluding pavement. This buf{er shall not be counted toward meeting the parking lot interior landscaping requirements of the Section 26-48 ol the code. 24 t5 39 All land area in addition to the required landrape strip lying between the vehicular pavement within the abutting right-of-way and the proposed vehicular use area shall be landscaped with lMng plant material. Necessaryaccesswaysfromthepublicright.of.waythroughallsuchlandrapingshallbe permitted to s€rvice the vehicular ue and pedestrian areas. Such accessuralE shall not be subtracted from the lineal dimensions used to determine the qualig of plant materials required. SEC ON 2Hg. Intedror Landscaping for All Vehicular Use Areos' An area, or combinations ol areas, equal to twenp (20) percent of the total vehicular use area excluive of perimeter landscape buffers required under Section 26-48 (bl and (c) and Section 52 of this code shall be devoted to interior vehicular use area landscaping. There shall be no more than tuelve (l2l parking stalls along the same parking aisle without a five (5) foot wide by fifteen (15) foot long intermediate landscape peninsula. Terminal landscape peninsulas shall be ten (10) feet wide and as long as the required length of the parking stall in that isle. All other interior vehicular landscape areas shall be a minimum of five (5) feet wide and one hundred (100) square feet in area. Each intermediate and terminal landscaped peninstrla shall have a minimum of two (2) trees. There shall be no less than one (1) hee ior each two hundred (200) sqmre Ieet or fraction thereof oI the remainder interior vehicular use landrape area ln no case shall a parking stall be further than shtyfive (65) feet from a tree, measured from the tree trunk All landscape areas within the vehicllar use area or abutting landscape areas shall be protected from vehicllar encroachment through appropriate wheel stops or curbs. Wheel stops shall be located a minimum of two (21 teel lrom the required landscape area. $ESTION 2650. Landscape Requirements for All Non-vehiculat open space. l. Aoolicabilitu, All open spaces on any site shatl conform to the minimum landscape requirements herein provided. Non-vehicular open space shall include all pervious areas and green spaces, except water bodies. D E. 40 I 2 3 4 5 6 7 8 9 l0 11 t2 13 l4 l5 l6 t7 l8 l9 20 2l 1) 23 24 u 26 a1 b)Trees shall be installed one (1) per every forty (40) linear feet of residential zoned or us€d property between the wall and said prop€rty. In addition shrubs shall be installed one (1) per every three (3) feet of residential zoned or used property between the wall and the residential zoned or used property and between wall and the Bwiness, Commercial or Industrial proper$. The area between the wall or fence and the commercia.l, business or indushial property shall be landscaped by providing a lree srery eighty (80) feet staggered from the ones on the other side of the wall. SECfiON 26-52 Perimeter Landscape Requiremenls For Eusiness, Commercial and Industrial Properties. A five (5) foot landscape buffer shall be provided around the perimeter of the property except for areas required to provide landscape buffers in accordance with Section 26 - 52. Satd landscape bufler sha.ll contain one (1) tree for each 40 linear feet and a row oI hedges. SECTION 26-53 Plant Motefiol and Installotion Requirements- 1. Minimum Reouirements: The following shall be considered the minimum requirements for the installation of all landscaping. All landscaping shall be installed according to planting procedures ol this section of the code with the quality of plant material as herein after described. 2. Reolacement Reouirements: Vegetation which is required to be planted by this section of the code shall be replaced with equirralent r.regetation if it !s not living within one (1) year of issuance of a Certificate of Occupancy or Completion. 3. Trees: Trees sha.ll not be placed where they interfere with above or below ground utilities unless permission has been granted in wdting from the utility. a). Shade/Canoov Tree, Shade canopy tree shall be a minimum overall height of fourteen (14) feet, with a minimum Diameter at Breast Height of two (2) inches c) 42 I z 3 4 5 6 1 8 9 l0 ll t2 l3 t4 l5 l6 t7 t8 l9 l0 2t 22 :3 74 :5 26 )7 2 , General landscaoe Treatment: Turf, ground cover, shrubs and other landscape materials shall be installed to cover all open spaces excluding any buildings and paving No substance which prevents water percolation shall be ued in these instances' ShrubandTreeReouirements:Thequantityofrequiredshrubsandtreesinthenon- vehicular open space, other than existing trees to be preserved' shall be pursuant to the following table and shall be arrang€d so as to enhance the overall project' Percent of Site Non-Vehicular OPen Soace Less than 30 30-39 40-49 50 or more Trees and Shrubs Required 1 tree & l0 shnrbs Per 2000 sq. ft 1 tree & 8 shrubs Per 2500 sq. ft. 7 tree & 6 shrubs Per 3000 sq. ft 1 tree & 6 shrubs Per 3500 sq, ft. SECftON 26'57. l-ondscape Requirements fot Areas Sepataling Business' Commerciol and Industriol Ptoperty F?om Residentiol Prow'ty' l.Propertyzonedorusedforbrrsiness'commercialorindustrialpurposesshallincludeatleastten (10)feetoflandscapeareawhenseparatedbyastreet'alley'canalorotherpublicoP€nspace from every residential use of zoned area. such area shall provide a landscape hrfler which meets the landscape requirements of & alon 25-48b1and (c) and Section 26-50' 2. When any btsiness' commercial or industrial zoned or used property' directly abuts on a residentialzonedorusedproperty,withouts€paratorsbetweenthems,rchasastreet,alley,canalor otherpublicopenspace,thenthebusiness,comm€rcialorindustrialzonedorrsedpropertyshallbe provided with a landscaped area at least ten (10 feet in depth adiacent to the residential zoned or used property. Such landscape area shall meet the following requirements: a). provide a six (6) foot masonry wall or solid wooden fence five (5) feet off of the residential zoned or used property' 41 I and a minimum of four and one half (4-7/21 ieet of clear trunk immediately after installation. Minimum canopy spread shall be characteristic of the species. This category shall constitute forty (40) p€rcent minimum of the tota.l trees required. b). Intermediate Trees: lntermediate trees shall be a minimum overall height of twelve (].2l leet and a minimum tnnk diameter at Diameter at Breast Height of two (2) inches and a minimum of four (4) feet of clear trunk immediately after installation. Minimum canopy spread shall be characteristic of the species. This category shall constitute thirty (30) percent maximum of the total trees required. c)Small Trees: Small trees shall be a minimum overall height of ten (10) feet and a minimum canopy spread of four (4) feet and a minimum trunk diameter at three (3) feet ol one and one hall (1-l/2) inches for at least one of the kunk and a minimum of three (3) feet of clear tnrnk immediately after installation. This category shall corstihrte no more than ten (10) percent of the tota.l trees required. d). Tree Standardsr Tree Standards shall not fr.rlfill minimum tree requiremenb of this section of the code. el. Palms: Palms shall have a minimum of six (6) feet of gny wood and shall constitute on more than twenty (20) percent of the total trees. If palms are used as a replacement tree then three (3) palms shall be equivalent to one tree. 4. Native Species Reouired: A minimum of forty (40) percent of all vegetation required to be planted by this section of the code shall be Florida Native Plant Species. The types of required plant material affected include: Shade/Canopy trees, Intermediate hees, Small hees, Palms, Shrubs and Ground Covers; but excluding all turf grasses. 5.Plant Materials: a). @g!!g: Plant materials ued in accordance with the provisions of this section of the code shall conform to the standards for Florida Number One, or better, as provided for in the most current edition of Grades and Standards for Nurseru Plants, Parts 1 and II, State of Florida Department of Agriculture and Consumer 2 t 4 5 6 7 8 9 t0 ll 12 l3 l4 l5 t6 l7 l8 t9 20 2t 22 23 24 25 26 27 2 3 4 5 6 7 8 9 10 ll t2 13 t4 15 16 17 18 19 20 zl 22 'ra 24 25 26 b) Services. Sod shall be clear and visibly free of weed, pests and diseases Sod pieces shall be neatly mowed. Damage and breakage shall not occur when pieces are picked uP bY one end. Plant Ball Sizes: Ball sizes on all plant material shall conform to or exceed the minimum standards as noted in the most curent addition of American standards for Nursery Stock, prepared by the American Association of Nurseruman' us€ of site specific Plant Material: Plants used in the landscape design pusuant to this section ol the code shall be to the greatest extent, appropriate to the soil and other environmental conditions in which they are to be planted' Shrubs and Hedges: Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. when used as a hedge, shrubs shall be full to base, planted and maintained so as to form a continuous, unbroken solid, visible screen within a maximum ol one (1) year after time o{ planting When shrube are used as a visual buffer around rrehicular use areas' the height of solid shrubs at installation shall be measured as a minimum of two (2) feet above the vehicular tlse area pavement surface that directly abuts the shrubs and shall attain a height of three (3) feet within one (l) Year. Vines: Vines shall be a minimum of thirty (30) inchis in supported height immediately after planting, and may be used in conjunction with fences, visual screens. or walls to meet landscape buffer requirements as specified' Ground Cover: Ground Covers shall be planted with a minimum of fifty percent coverage with one hundred (100) percent coverage ocdrrring within six (6) months of installation. Turf: All turf areas shall be sodded using species suitable as permanent lawns in the City of Dania, Florida. In no case shall seeding be allowed as a method o[ producing hrrf coverage. c) d) e) 0 s) 44 6 h)Restricted Plant Soecies: These species cannot be counted for more than ten (10) percent of the total number of required trees, or five (5) percent of other requires plant material. (l) Brittle Soecies List: Botanical Name Common Name Acacia auriculiformis Earleaf acacia Araucaria heterophylla Norfork Island Pine Bischofia jarnnica Bischofia, Toog Dalbergia sissoo lndiana Rosewood, Sissoo Grevillea robusta Silk Oak (21 Sp€cies with lnuasive Root Svstems List: These and other species urhose roots are known to cause damage to pa',rement or utilities shall not be planted closer than twelve (121 leel trom to a pavement edge unless an approved root barrier structure ls installed, or closer than twenty fiv€ feet from a public water, sewer or drainage line. Botanical Name Common Name Bischofia javanica Bischofia, Toog Schefllera actinophylla Schefflera Ficus spp. Ficus Acacia auriculiformis Earleaf acacia Soils: All required landscape materials shall be installed using a planting soil mix comprised of a type appropriate to the individual proposed plant material and the native soil found on the site. Mulch: A two (2) inch minimum thickness, after initial watering in, of approve organic mulch material shall be installed in all areas not covered by buildings, pavement, sod, preserved areas and annual flower beds. F-ach tree shall have a ring of organic mulch no 45 7 I a 3 4 5 6 7 8 9 l0 ll t2 l3 l4 l5 l6 t7 l8 l9 20 ,l n 23 24 25 26 27 2 5 4 5 6 7 8 9 10 11 l2 l3 14 15 t6 t7 l8 l9 20 2l 22 23 24 25 26 27 8 less than twenty four (24) inches beyond its trunk in all directions' stabilization: All trees and palms planted as trees shall be securely guyed, braced and ,/or staked at the time of planting unti.l established. The use of nails, wire, rope, or other methods which damage the tree or palm are prohibited. All plants shall be installed with the top of the root ball even with the soil grade' Irriaation: Irrigation systems of an automatic type shall be required on all new and transplanted material. a). All irrigation syrstems shall be designed to have a minimum of one hundred (100) percent coverage with a one hundred (100) percent olerlap' Drip, kickle or other non-visible irrigation systems will be permitted if designed and approved on the irrigation plan. Irrigation systems shall be designed to minimize application of water to imPervior'E areas b). High water demand landscape areas, such as turf, shall be designed as separate zones from low water demand areas. c). controlled irrigation systems sha.ll be operated by a irrigation controller capable of irrigating high demand areas on a different schedr:le from low water demand areas. The conholler shall comp€nsate for natural rainfall when it exceeds the application rate of this code section. d). The tse non-potable water, in irrigation of landscape areas is required' Potable water may be us€d in the ewnt that it is found that the total salts in the ground water are unacceptable or with the written permission oI the Director ol utilities. A certification that the total salts contained in the ground water will not harm the plant material is required for all wells' e\. Water shall not be applied more frequently than wery other day and shall not exceed two (3) inches total per week unless restricted by the Gty Commission or the South Florida Water Management District to a greater extent' Hours oI operation of inigation systems shall be between the hours of 5:00 PM to 8:00 AM 45 9. ., 3 4 5 6 8 9 l0 lt t2 l3 l4 l5 l6 17 l8 l9 m 2l ,1 23 24 25 26 10 47 unless stricter hours of operation are set by the South Florida Water Management District or the City Commission. Exemptions from the irrigation hour restrictions are as followst 1. Inigation using a micro-irrigation system. 2. Preparation for or irrigation of new landscaping. 3. Watering in of chemica.ls, including inseclicides, pesticides, fertilizers, fungicides, and herbicides when required by law, recommended fu the manufach.rrer, or constituting best management Practices. 4. Maintenance and repair of irrigation q/stems. 5. Irrigation using low volume hand watering, including watering by one hose attended by one penon, fftted with a self<anceling or automatic shutoff nozzle or both. Maintenance Reouirements For All Landscaoe Areas. a). The owner of land subject to this ordinance shall be responsible for the maint€nance o{ said land and landscaping so as to present a healthy, vigorous and neat app€arance fiee irom refrse, debris and weeds. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy condition. b). Two (2) inches of clean, weed free, approved organic mulch should be maintained over all areas originally mulched at all times. c) All pruning shall be accomplished in accordance with the most current publication ol the National Arborist Society. A permit shall be issued fu the Growth Management Department prior to pruning taking place. The permit fee shall be ten (10) dollars per tree being pruned. T1,e lee may be amended bsl resolution of the City Commission from time to time. I 2 3 4 5 6 7 8 9 10 ll t2 13 14 l5 l6 t7 18 l9 20 2l 22 23 d) e\ Irrigation systems shall be maintained to eliminate waste of water due to loss from damage, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system. Persons, corporation, businesses or any other who apply pesticides, and/or any other regulated substances, shall comply with a.ll applicable local, state and federal regulations as amended. 48 APPEXDIX -1 DEPARTHENE OF -NATURAL neeOUnCg PROTECTTON EECTION 27-31O' TREE PRESERVATION RECOMHENDED TREEA lOR CAXOPY REPI^ACEXENT CATEGORY -1 IREES tin NaEeCoEEon Natre African mahogany flane bottLe tree * bald cypless black olive floss silk tree golden rain tree golden shower tree 'r gunbo linbo Indian tamarind j acaranda kapok tree _ * 1aure1 oak r live oak * raahogany- r nastic * paradise -tree * pitch apple * pond cypress * red bay * red ,nap]e r red nulbelry Khaya spp. Brachychiton acerl.folius Taxodiufl dlstichum Bucida buceras chorisid sPeciosa Koelreuteria f ortnosana Cassia f,istula Bursera siharuba Tamarindus indica Jacaranda ninos ifolia ceiba Pentandra Quercus laurifolia Quercus virginiana Slrietenia ,oahogani Mastlchodendlon f oetidissilrun Simarouba glauca Clusla rosed - Taxodiun ascendens Persea -borbonia Acer rubrun Horus rubra Bonbax ceiba- Delonrx regra . Ficus citrifol ia den3a- red silk cotton royal Poinciana * shortleaf fig r slash- pine - _ tree * native to Florida Pinus elliotti.i' var. CATEGORY 2 IREEA.. (nts]o lncluaes treei -llst€d -under category'1) Latip NaBeCoon NaEe African tuLiP tree black saPote Brazil beautyleaf buttercuP tree. * buttonlrood ( silver) * cherry laurel * crabwood curly Pod ! 'dahoon hollY r f iddle'rood frangipani * Guiana pluro * Janaica dog'wood ,t Krugts holly llori_da Lilac * lancenobd Longan .loquat Iychee Madagascar olive ni:nusops uuellerrs alnond * persiEnon r pigeon plum . pink trumPet tree * pond apple pongaD queenrs crape-nyrtle Spathodea. ca:nPanul-ata Di.bspYros dignYa calopiYIl-un brasiliense Cochloslrerrnum vitifoliun conocarPus ereEtus(var. seiiceus) Prunus carol iniana Gynnanthds lucida . CaesalPinia :nexicana .. _ ir"* cass ine citharexYlun f rut ic.osri:n Plumeria sPP. DryPetes lateriflora Piscidia PisciPula Ilex krugLana LonchocarPus Nectandra coriacea Euphoria longan Eriobotrya j aPonica Litchi chinens is Noronhii enarginata 'Hanilkara roxburghiana Terninalia rruelleri Diospyros virginiana coccoloba diversif olia Tabebuia heteroPhYl J.a Annona glabre Pongamia -Ptnnata Lagerstroemra sPecr.osa native to Florida :- - - eaTEGORY 3 TREES (ALso incluiles tr6es listed uaier cat€golLas 1 andt 2) . CoE-EoI NaEe Latin Ng'Be allspice pinenta dioica beach acacia : Acacia_ cyariophylla r black lronwood Xrugiodeniron ferreun * blolly cuapira dlscolor bottlebrush tree callistenon spp. brush cherry -_ Syzyglurn paniculatum 'r cabbage paln _ sabal palnetto Canary Island date palm phoenlx canariensis Chinese fan paln Livistona chinensis coconut paln co6os nucifera * cocoplun chrysobalanus icaco coral bean Erythrina spp. crape-nyrtle tagerstroemia indica * geiger tree cordla sebestena g]ossy privet _ Ligustrun lucl.du * Jarnalca caper capparis cynophallophora Macadania nut - ' Ilacada:nia spp. * redberry btopper - Eu?enia confusa royal pahn Roystonee spp. * SLnpson stopper - Mylcianthes f,ragrans - snailseed cocculus laurifolius * Spanlsh stopper "Eugenia foetida * s$eet acacia 'Acacla farnesiana * torchlrood Amyris elenifera I{ashington palrn . wa;hingtonia robusta , * rax myrtle [yrica cerifera.. * vlld-J.ine. - Zanthoxyluin fagara - - native to Florida *.- soapberry - r southern rflagnol ia spanish cherry * strangler fig r sugarberly ,. slreet bay !,eePing Podocarpui r HiId tanarind * willow bustic - yeIlow Poinciana sapindus saponarla - Magnotia grandiflora - uimusops- eJ'engi . !lcus - aurea - celtis .,laevigata ItagnoLii virginJ.ana Pod6carPus gracilior Lysllona latisl liqua Dipholis salicifolia Peltophorun PterocarPun A.PPSN-DII 2 DNRP TREE PRESERVATION ONOTXEXCT PROPOSED Lrs! OP TREEs d- PAr:{8 RecoEEended . por Planting Under Elactrlcal tin€s Latin Natre TREES Co onN aEe allspice ..argentine shor.rer* black Ironwood b1o1J.y bottlebrush (weeping). * buttonwood ( silver) caranbola (Star-frult) *,r cassia chaste-tree *. cltrus (except grapefruit trees) ** crape-nyrtle * dahoon holty dwarf-poinciana * ebony (Janaican rain tree) * Geiger Tree golden trunpet * inkwood lancewood loquat ** llexican caesalpinia nil.lettia * Dinusops pitch-apgile r Princess-flower * * FJ.ow-ering ** Edib1e Erult Pi.menta dio i ia cassia carneval Xruglodendron f erreun- Guapira discolor - Callistemon viminalis Conocarpus erectusvariety sericeus Avlrrhoa caranbola vitex agnus-castus Citrus spp. Lagerstroenia indlca I_1ex cassine Caesalpinia pulchelrimna Brya ebenus '- cordia sebeitena TabebuLa chrysotricha -Exothea paniculita Nectandra corlacea rrioUotrya j aponica Caesalpinia mexicana UiIlettia ovalifot ia Uanilkara roxburghiana . - . Clusia rosea . .. ' Tibouchina semidecandra CATEGORY .{ PAIXS coEpon Naln9 Alexandr_a Palm bottle paln date paltr * Florida cherry paln * Florida silver paln r Florida thatch palm * paurotis' palb pindo paln queen palm Senegal date paln windrnill paln Latl! NaE€ - . Archontophoenix alexandrae Hyophorbe Iagenicaulis Phoen j.x dactylifera Pseudophoenii< sargentii Coccothrinax argentata Thrinax radiata A--coe lorrhaphe wright_ii Butia capitata syagrus .iomanzof f iana ihoenix-' reclinata Tracliycarpus f ortunei native to Florida ,;/.r PALI{8 Cop.Eotr llaEe areca Palra bottle paln European fan palm Florida thatch paln horncone cycad lady paln Irlanila ('tadonidiarr; palm Xnas opsiandra paln parlor pa lra pindo palm pigmy date patrn queen sago pal.n (cycas) sago paln spindle paln thatch palm windnill paln llote: Latin }{at!e chrysa I idocarDusIutescens Hyophorbe lagenicaulis Chanaerops hurnilis Thrinax radiata Ceratozamia nexicana Rhapis excelsa Veitchia merriLlii Gausia rnaya chamaedorea spp. Butia capitata Phoenix roebelenii Cycas circina 1is cycas spp. Hyophorbe verschaf feltii Thrinax spp. Trachycarpus fortunei All speci.es are considered Category 3 trees except as otherwisenoted in Appendix 1. silver trumPeC-tree * tree liguslrum wax-hyrtfe white Geiger * wild timarind ye).1otr-e1der - libebuia cara.iba Ligu-strurn ]ucidun- Myrrca cerr!era. cordia boissieri ' Lysilona- sabict ... Tecoma stand - : RESOLUTION NO. A RESOLUTION OF THE CTTY OF DANIA, FLORIDA ESTABUSHING TREE REMOVAL UCENSE FEES FOR CHAPTER 26, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANLA; PROVIDING TFTAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFUCT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFL]CT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary to establish Chapter 26, Arfrcle 11 tree removal license fees by resolution of the City Commission of the City of Dania; NOW, THEREFORE, BE IS RESOLVED BY THE CITY COMMISSION OF THE C]TY OF DANI,A, FLORIDA: Section 1. Tree removal fees are adopted as follows: (1) The Fee Schedule for Section 26-L7 12) "Application Frling Fee" is: (a) for subsection (a) tree remorral license iee 1. for the initial hee removal license2 il,;";;;;;;;*J;;;-.,1'#?i**' .$1o.oo (b)for subsection (c)' 1. for a substantial deviation of a license $50.002. plus, for each additional tree proposed to be removed or relocated............. .........$10.00 Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. that this resolution shall be in force and lake elled immediately upon its passage and adoption. PASSED and ADOPTED this _ day of 7994 Mayor - Commissioner ATTEST City Clerk - Auditor APPROVED FOR FORM AND CORRECTNESS' By, Frank C. Adler, city Attomey 1 TREE REMOVAL LICENSE GENERAL CONDITIONS The teffrls, conditions, r€quirem€nts, limitations and restrictions s€t forth herein are accepted by the licersee and enforced by the Growth Management Deparfn€nt (GMD) of the City of Dania pursuant to Chapter 26 of the City of Dania Cod€ of Ordrnances. The GMD will review this license periodically and may revoke the licens€, initiate adminiskati\€ and,/or Micial action for any violation o[ the conditions by the licerlsee, lis agents, emplo!,ees, ervants or r€presentad\€s or principals. This licens€ is lralid only for the sp€cific uses s€t forth in the llcanse application and any deviation from the appror.ed t!5es rnay constihrte groundt for rerrocadon and enforcernent action W the GMD. In the ewnt the licersee is temporarily unable to comply with any of the conditiors of the license, the licenee shall nodfy the GMD within tv/elw (12)hours. Within fiw (5),rorking days ol the er,rcnt, the licersee shall submit a written report to the GMD that describes the incid€nt, its cause, the rneaswes b€ing takeo to coEect the problem and pre!,ent its reoco..rrence, ihe o*,ner's intendon toward r€pair, replacam€nt, and reconstmction of destro!,€d facilities and a schedule of action leadlrE toward op€tation u,/ithin the licerrse condifiors. The is.$lance of this license does not co rey any r€stei rights or exclusiw privileges. Nor do€s it authorize any injury to public or prilate prop€rty or any inrrasion o[ personal rights, or any violation of federal, slate or local laws or regtrladors This lic€nse must be auailable for inspection on licensee's Femis€s during the entire life of the licerse By accepting this license, the lic.ns€e understands and agrees that all records, notes, monitoring data and otlrer inlornEtion relating to the construction or op€ration of this permitt€d souIce, that are submitt€d to the GMD, .nay b€ used by the GMD as evidence in any enforcernent ptoc€eding arislng urder Chapter 26 of the Gty oI Dania Code oI Ordinances, exccpt where such is prohibited by Section 2103.111, Florida Stahres. The licensee agre6 to comply with Orapter 26, Dania Cod€ of Ordinanc.s, as atnended. Any owrer of a licerrsed facility shall apply by letter for a bansler of licens€ within thltty (30) days after sale or legal tarufer. The transferor shal remain liable for perfonnanc€ on accoidance with the license until th€ hansferee appli€s for, and ie granted to trarrsfer of lictrse. The tarsferee shall also be liable lor perforrrnnce in accordance with the licerse. 10 Thig license do€s not constihrte a waiwr ol approval of any other licens€ or petrnit that may be required lor other aspecls of the total proi€ct. 11 lf the lic€ns€ wishes to r€Dew the license of extend iti tem, the licensee shall make application sixty (60) days priot to its expiration. Expired Ucenses are not renewable ln addition to the general conditions s€t forth above, each licens€ issued by the 6MD may contain specjfic conditions determined by site conditiors and requirements pursuant to the regulations as determined by the Director of GMD. Ljcensee agrees that specific conditions are enforceable by the GMD for any violation thereof' 4. 5 6 7 8 9 The licensee, by acceptance of this license, spcifically agrees to allow acc€ss to the licens€ source at reasonable tlnrs by GMD personnel for the purposes of inspection and testing to d€termine compliance with this license and Clrapter 26 of the Dania Code of frinancas. TREE REMOVAL LICENSE DATE: CONTBACTOR P PROPERTY ADDBESS: This license is issued under the provhiors o[ chaprer 26 of the oty of Dania code of frinances also cited as the Tree kesentation hereioafter called the code. The abo,re'narned applicant, hereinaft€r called llcensee, is herebg authorized to p€rform the work or operate the facility shown on the apgowd drawing(s), plans, doclments, and specifications as submitted b9 applicant, and made a part hereof. PERMIT NUMBER: OWNERT t.'tr. BLOCKT- SUBDIVISION: RON COCERAII SEERIFF BROTARD COI'!(rYP. O. BOX 9507 FORT IJAUDERDAI,E, SIJORTDA 33 31O DATE: lrE]to To: FRO}i: SUBJECT: I{e urgently need to expandfeel it is criticaLarchitect/ consul,tant. January 13 | 1994 Mr. Robert Flatley, City Manager Chief James r. rarf eyflOania/District Inpact Aees/Capital ImprovemeBt theto current BSOseek the 94-016 II Offices in Dania.assistance of We an We vj,sualize expanding the south west portion of the building andenlarging the parkj-ng Iot. we also must remodel the first floorrestrooms and locker roons, create an evidence room and an area forstorage of property. our plan i.s to use existing offices forEvj-dence, file room and property room, and the new space foradninistrative of f ices. We request the use of Po1ice fnpact Fee funds to finance thisnecessary project. As you are aware, City ordinance stipulatesthat these rnoni.es are to be used only for Capital fmprovement forPublic Safety. f feel this is a proper and worthwhile use of thesefunds . f request that the city Commission approve the immediateexpenditure of funds to retain an architect/consultant to evaluateour needs and provide cost estimates, rE /b)