HomeMy WebLinkAboutR-1995-033A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
COUNTY AND THE CITY OF DANIA AND ROSEBUD REAL
PROPERTIES, INC. FOR ROAD CONCURRENCY RELATING TO
THE NCL PLAT; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND
THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF DANIA,
FLORIDA:
Section 1. That the Traffic Concurren cy Agreement among Broward County and
the City of Dania and Rosebud Real Properties, lnc. for Road Concurrency relating to
the NCL Plat, a copy of which is attached hereto as Exhibit "A", be and the same is
hereby approved and the appropriate city officials are hereby authorized and directed to
execute same.
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the same are hereby repealed to the extent of such conflict.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 take effect immediately upon
its passage and adoption.
PASSED and ADoPTED on this 15 day of March , 1994.
ayor - Co tsstoner
ATTE T
City Clerk ditor
APPROVED AS TO FORM & CORRECTNESS
*.J, e. a/a*-By:
Frank C. Adler, City Attorney
RESOLUTION NO. 33-95
TRAFFIC CONCURRENCY AGREEMENT
AMONG
BROWARD COUNTY AND
THE CITY OF DANIA AND
ROSEBUD REAL PROPERTIES, INC.
FOR ROAD CONCURRENCY RELATING TO
THE NCL PLAT
and
The CITY OF DANIA a political suMivision of the State of Florida,
hereinafter referred to as "CITY,"
and
ROSEBUDREALPROPERTIES,INC',aDelawarecorporation'its
successors, and assigns hereinafter referred to as "OWNER"'
WHEREAS, Chapter 5, Article IX, Broward County Code of
Ordinances, requires thai the regional transportation network be adequate to
serve the reasonably projected needs of proposed developments; and
WHEREAS,Section5-198(a)(a)ofsaidChapter5morespecifically
require that an application for a development Permit satisfy conculrency
requirements for compact deferral areas; and
This is an Agreement, made and entered into, by and- berween:
BROWARD COUI\fuY, a political subdivision of the State of Florida, its
successors and assigns, hereinifter referred to as "COUNTY" through its Board
of County Commissioners;
EXHIBIT "A"
WHEREAS, OWNER owns certain real property located near Grit'fin
Road west of Interstate 95, which real property comprises Parcel A of the NCL
Plat recorded in Official Records Book 150 at Page 50 of the Public Records
of Broward Counry, Florida (such real ProPerty, the "PROPERTY", and such
plat, the "P[AT"); and
WHEREAS, the PIAT was apProved by the Broward Counry
Commission on August 7,1'990; and
WHEREAS, the PLAT was recorded on February 7L, 1992, with a
restriction of 198,320 square feet of industrial use; and
WHEREAS, a request to amend the note restriction to permit 625'000
square feet of industrial use was denied by the Broward County Commission
on January l'1 , 1995 due to failure to satisfy the traffic concurrency
requirements of the [-and Development Code for Griffin Road from I-95 to
N.W. 4th Street (the'Griffin Road Link"); and
WHEREAS, OWNER, on January 24,1995, notified the CO{.INTY of
the intent to prepare an action plan and has proposed an improvement to
mitigate the additional traffic impacts created by the additional uses of the
PROPERTY; and
WHEREAS, the improvement is part of a larger project being performed
by the State of Florida Department of Transportation ("FDOT'); and
WHEREAS, the OWNER has agreed to enter into a Joint Participation
Agreement, the form of which is attached hereto as Exhibit "A" and made a
part hereof (the "JPA'), with FDOT on the basis that the COUNTY will
consider the OWNER's participation in the JPA as mitigation for the
additional traffic impact of 84 trips per day on the Griffin Road Link resulting
from the request to amend the restrictive note on the face of the P[.{T from
198,320 square feet to 625,000 square feet; and
WHEREAS, the COUNTY agrees that the improvement, and OWNER's
participation with FDOT will mitigate the additional impacts; NOW,
THEREFORE,
2
2. Co ct
IN CONSIDERATION of the mutual terms, conditions, promises,covenants, and payments hereinafter ser forth, COUNTY, CITy and'OWNgnagree as follows:
1' The above recitars are true and correct and are hereby incorporatedherein.
m t
(a)
(b)
(.)
In connection with FDgTls performance of State project No.860703488, WPI No. 4140880, pertaining ro improvements to theinterchange of I-95 and Griffin Road inirowaid County, FloriJa(hereinafter referred to as ,'the PROJECT,), OWNER ugr"", iofurnish the FDOT a paymenr in the ,rtount of Twe-nty-one
ll:rylq Eight Hundred Seuenry Six and 80/10fths Dtlars($21,876.80), or such other amouni as may be agreed "p; atFDOT and OWNER, in accordance wittr tnl terms of the JpA tobe used for the cost of the IMpROVEMENT described in ExhibitrrBrt attached hereto, hereinafter referred to as ,,the
IMPROVEMENT.', The IMPROVEMENT constitutes a poftio;of the PROJECT. OWNER acknowledges and agrees tirat theFPQT shall be responsible for the constructio,i, Ietting and
- administration of the pRoJEer;,ineluding the IMpriovEnfuNr.
If OWNER later becomes responsible for the construction of theIMPROVEMENT, prior ro any issuance of certificates of
9cjyp11cy in excess of 198.320 square feer of industrial use,pWTFR shall provide to COUNTy a Lerter of Credit o, S,rr"tyBond in a form acceptable to the COUNTy in an amount thairepresents l25vo of the estimated cost of the IMPROVEMENT.
If OWNER later becomes responsible for the construction of theIMPROVEMENT: (i) rhe IIVIPROVEMENT shall be installed inaccor-dance with applicable COUNTY, FDOT standards andspecifications and in accordance with the Development ReviewReport for the PLA.T, (ii) the constru;tion plans for theIMPROVEMENT, includ_ing pavemenr marking and signing plans,shall be submitted to COUNty for review ani appro"uut ;;r;;;commencement of construction, (iii) construction -siall
be subject
J
3
to inspection and approval by the COUNTY, and (iv) pavement
marking and signing shall be provided for all of the
IMPROVEMENT and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering
Division, which IMPROVEMENT shall be consistent with the
previously approved plans.
If OWNER later becomes responsible for the construction of the
IMPROVEMENT, OWNER agrees that any contract(s) for the
IMPROVEMENT shall include the following:
(a) Indemnify and save harmless the COUNTY, the Board of County
Commissioners of Broward Counry, and the State of Florida, its
agents and employees, from or on account of any injuries or
damages received or sustained by any person or Persons during or
on account of any operations connected with the construction of
the MPROVEMENT; or by or in consequence of any negligence
in connection with the same; or by use of any improper materials
or by or on account of an act or omission of the said contractor,
subcontractor, agents, servants or employees.
(b) Workers' Compensation Insurance to apply for all employees in
- ----- campliance-with-the 'lWorkersleompensation Law" of the State of
Florida and all applicable federal laws.
(c) Employers' Liability with a timit of One Hundred Thousand
Dollars ($100,000.00) per accident.
(d) Comprehensive General Liability lnsurance with minimum limits of
Five Hundred Thousand Dollars ($500,000.00) per occurrence
combined single limit for Bodily Injury Uability and Property
Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or Operations.
4
;
4
5
Independent Contractors.
Products and/or completed operations.
Underground Coverages.
COUNTY and the Broward County Board of County
Commissioners are to be named as additional insureds with respecl
to liability arising out of operations performed for COUNTY by or
on behalf of CONTRACTOR or negligent acts or omissions of
COUNTY in connection with general supervision of such
operation.
(e) Business Automobile Liability Insurance with minimum limits of
Three Hundred Thousand Dollars ($300,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property
Damage Liabiliry. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile
Liabiliry Poliry, without restrictive endorsements, as filed by the
lnsurance Services Office and must include owned vehicles and
hired and non-owned vehicles.
Notice of Cancellation and/or Rrestriction: The policy(ies)-must be
endorsed to provide COUNTY with thirry (30) days notice of
cancellation and/or restriction.
CONCURRENCY COMPLIANCE. COUNTY finds that by executing
and complying with the terms of this Agreement, OWNER has satisfied
the adequary of the Regional Roadway Network requirement of
Section 5-198(a)(a) of the Broward County [:nd Development Code for
the amendment to the note on the face of the PIAT permitting 625,000
square feet of industrial use as approved by the COUNTY.
CITY agrees not to issue a ceftificate of occupancy for any development
within the Plat in excess of 198,320 square feet until the amendment to
the note on the face of the PL,AT is recorded in the Public Records of
Broward County and OWNER makes payment to the FDOT in
accordance with the terms of the JPA or, if OWNER becomes
5
responsible for the construction of the IMPROVEMENT' until the
IMPROVEMENT is completed.
6. This Agreement shall be recorded in the Public Records of Broward
Counry and shall be binding upon successors and assigns.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the resPective dates under each signaturea B-ROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS' signingby
and through its chair or vice chair, authorized to execute same by Board
action on the day of
-,
19-, and
signing by and through their duly authorized rePresentatlves.
COUNTY
ATTEST:BROWARD COUNTY, though its
BOARD OF COUNTY
COMMISSIONERS
By,
County Administrator and
Ex-Officio Clerk of the
Board of Counry Commissioners
of Broward County, Florida
, Chair
- dayof 1995.
6
By:
Assistant County AttorneY
Approved as to form by
Office of County AttorneY
Broward County, Florida
JOHN J. COPEI-,A.N, JR.
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort [-auderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7il1
INC.
Witn SI ture
Witness name printed
Witness signature
6.//*PLMt 5 eq*L*r^* c-cl/ ttt
Witness name Printed
Attest:
Ciry CI
Corporate Seal
CITY OF DANI,A
TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
ib-u-Niv, THE cITY bi oeNrc AND RoSEBUD REAL PRoPERTIES'
CITY
v
r-Commissioner
l1 aay ot
By'
City Manager
11 aay ot
Approved as to Form:
,1995.
i995.
.J, Lu )1,)Lt/
City Attorney
1
Byt
STATE OF FLORIDA
COUNTY OF
My Commission ExPires:
NOTARY PUBLIC
TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
COUNTY, THE CITY O} bENTE" AND ROSEBUD REAL PROPERTIES'
SS
)
)
)
The foregoing instrument was acknowledged before me this
-
day
of bY who is PersonallY lnown
i. ," * *n. fr^ Ot.o*;ed as identification'
Type or print name
8
INC.
TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
couNTy, THE CrTy cjF beNra, AND ROSEBUD REAL PROPERTIES'
INC.
WITNESSES:
OWNER
ROSEBUD REAL PROPERTIES,
INC., a Delaware corPoration
Print name:
By:
Print name:
Title:
Address:
Print name:
-
day of 1995.
(Corporate Seal)
STATE OF FLORIDA )
)SS
)- .COUNTY OF
The foregoing instrument was acknowledged before me this
-
day
of . 1995' bY as
of Rosebud Real ProPerties,Inc., a Delaware corPora tion, on behalf of the
corpo ration. He or she is PersonallY known to me or who has produced
-as identifi catlon.
NOTARY PUBLIC
My Commission ExPires:
9
Type or print name
INC.
MORTGAGEE
WITNESSES:CHEMICAL BANK, a New York
banking corporation
Print name:
By'
Print name:
Title:
Address:
Pnnt name:
1995.dav of
(Corporate Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
-
day
of 1995, by Ls
-
of Chemical Bank, a
corporation. He or she is
New York banking corPor ation, on behalf of the
pe rsonally known to me or who has produced
-as identification.
NOTARY PUBLIC
TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
couNTy,THECITYoFDANIAANDRoSEBUDREALPRoPERTIES'
SS
)
)
)
My Commission ExPires:
10
Type or print name
F o ol at ee
EXHIBIT ''A'
F..A- NO.:
FUND CODE:
CONTRACT NO.:
VENDOR NO.:
SA]VIAS APPROP:
SA]VTAS OBJECT:
ORG CODE:
WPI NO.:
JOB NO.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
ROSEBUD REAL PROPERTIES, INC.
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this
-
day of 1.9
-t
by and between the State of Florida Departrnent of Trans portadon hereinafter
call ed the DEPARTMENT, and Rosebud Real Properties, [nc''located at c,/o
Lone Star'lndtstries, [nG,,-300 First Stamford Place, Stamford, CT 06902-0014
hereinafter called the DEVELOPER'
WTTNESSETH
WHEREAS, the DEPARTMENT and the DEVELOPER are desirous of
making cenain improvemens in connection with State Project No':
860705488, WPI No.: 4140880located in Broward County' Florida; and
WHEREC^S, the DEVELOPE& is prepared to conribute $21'876'80
towardcertainimprovementsdescribedasfollowshereinafterreferredtoas
the PROJECT: the implementation of a railroad pre-emption system
connecring the raffic signals at t-95 with the csX railroad tracks immediately
westoft-95associat.a-iti.improvemenstotheinterchangeoft-95and
Griffin Road.
WHEREAS,thecompletionofthePROJECTisintheinterestofboththe
DEPARTMENT and the DEVELOPER'
NOW, THEREFORE, in consideration of the munral benefits to be
derived from joint p*Jip*io" on the PROJECT' the panies agree on the
Rosebud Page2of 4
following:
1. The DEPARTMENT shall be responsible for the constmction'
lening and administration of the PROJECT'
3._The AGREEMENT or any interest herein shall not be assigned,
transferred,otherwise encumbered bY the DEVELOPER under anYor
cfucumstances wlthout the prior wrinen consent of the DEPARTMENT.
However, this AGREEMENT shall run to the Department an d its successors.
incorporated.
2. Prior to recording the agreement to amend the note on the face
of the plat to permirup ,J 62s,ooo-191T:-f""t of development on the
property described in griiUit "A", the DEVELOPER agrees that it will furnish
the DEPARTMENT a payment i"it'" amount of Twenty-one Thousand Eight
Hundred seventy si* "riJ
eon0oths Dollars ($21,g76.80) for its share of the
PRoJECTwhichshallueusedforthecostsofStateProjectNo.:86070.3488'
4. In the event this AGREEMENT is in excess of Twenry-Five
Thousand Dollan (S25,OOO'OO) or has a term of a period of more than one
year, the provisions "f
;;;;; $9l75(7)(a)' rlorida Statutes are hereby
'The Deparunent, during *I Si"l y""t,-:l:l no'
"'#na-'*on"v,
ir.* iny iiabiuty, .or enter into
Ioii; wtrictr,'uy its terms, involves the.expenditure
oi *on"y in exiess of the amounts budgeted as
;;"iili;'f"t expenditure during such fiscalyear' Any
;;il".r, ;;tbJ or written, maae in violation of this
iubsection shall be null and void, and no money may
il;-aid ;. such contract' The Depanment shall
Rosebud Page 3 of 4
require a statement from the Comptroller of the
Department that funds are available prior to entering
into any such contract or other binding commitment
of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one year,
but any contract so made shall be executory only for
the viue of the services to be rendered or agreed to
be paid for in succeeding fiscal yeTs;. and this
paragraptr shall be incorporated verbatim in all
ior,tiu.a of the Department which are for an amount
in excess of S25,00b.00 and which have a term for a
period of more than one Yea/'.
5. The DEVELOPER warrants that it has not employed or-ob-tained
any company or Person, other than bona fide employees of the DEVELoPER
to'solicit^or r""*i this AGR-EEMENT and it has not paid or agreed to pay any
;6yhrp*"tio", inaividual or firm, other than a bona fide employee of
ir," onvELOpLR. For breach or violationof this prwision, th.e DEPARTMENT
rt "fi t "r" the right to terminate the AGREEMENT without liability'
6.ThisAGREEMENTisgovemedbyandconsmredinaccordance
with the laws of the State of Florida'
7. The document incorporates and includes all prior negodadons'
correspondence,conversations,agreements,orunderstandingapplicabletothe
,n"a.it contained herein and the panies agree that there are no
commitments, "g,".*.no or unaerstand.ing con".rning the subject.maner of
this AGREEMENT that "r" no, contained in-this document. Accordingly, it is
il""d iil;; deviation from the terms hereof shall be predicated uPon any
priorrepresentationoraSTeementswhetheroralorwrinen.ttisfurther
ilA;-fi;;;;;ii*;., amendment,. or alteration in the terms and
c8nditions contained herein it
"U
U" effective unless contained in a written
ao.,r*"n, executed wim the sale formality and of equal digniry herewith'
IN WITNESS WHEREOF, this AGREEMENT is executed by the p-arties
below for tne purposes-specified herein' - The effective date of this
AGR-EEMENT shall be tft" a.it" the last parry of the AGREEMENT has signed'
DEVELOPER: ROSEBUD REAI
PROPERTIES, tNC.
TRUSTEE
BY:
TITLE
APPROVED:
BY:
Rosebud Page 4 of 4
STATE OF FLOzuDA
DEPARTMENT OF TRA}ISPORTATION
DTSTRICT SECRETARY
AITEST:(Seal)
DGCUTIVE SEC RETARY
DATEOFDGCUTION:
APPROVED:
STATE OF FLORIDA
DEPARTMENT OF TRAI{SPORTATION
BY:
DISTRICT LEGAL COUNSEL
Funds ApProved
BY:
C:\Us RLSKDATA\TRAFCONC.A03
EXHIBIT'8"
DescriPtion of the IMPROVEMENT
The imptementation of a railroad pre-emPtion system connecting,the
traffic signals at I-95 with the CSX railroad tracks immediately west of I-95
associate,-d with improvements to the interchange of I-95 and Griffin Road'