HomeMy WebLinkAboutR-2006-200 Aragon Group Development Agreement RESOLUTION NO. 2006-200
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY WITH THE
ARAGON GROUP, INC., PERTAINING TO REDEVELOPMENT OF THE
DANIA JAI ALAI FACILITY AND RELATED PROPERTY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute a development
agreement on behalf of the City with the Aragon Group, Inc., pertaining to redevelopment of the
Dania Jai Alai Facility and related property.
Section 2. That the City Manager and the City Attorney are authorized to make such
minor revisions as are deemed to be in the City's best interest.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on November 14, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS 19
FO�'I�l AND CORRECTNESS
BY: '� NA AAS J. A .SBRO
CITY ATTORNEY
DEVELOPMENT AGREEMENT
THIS AGREEMENT (the "Agreement"), is made and entered into as of the
day of A 16✓E/'�I�E.� , 2006, by and between THE ARAGON GROUP, INC. D/B/A
DANIA JAI ALAI, A DIVISION OF THE ARAGON GROUP, INC. ("ARAGON")and
the CITY OF DANIA BEACH, a Florida municipal corporation, ("CITY").
WITNESSETH:
WHEREAS, ARAGON owns real property located in CITY, the legal description
of which is attached hereto and made a part hereof as Exhibit "A" ("Property"); and
WHEREAS, a pari-mutuel facility known as Dania Jai Alai is constructed on a
portion of the Property, and the remainder of the Property is undeveloped land; and
s WHEREAS, Dania Jai Alai has been a licensed pari-mutuel facility in continuous
operation since 1953 ("Pari-Mutuel Facility"); and
WHEREAS, the Pari-Mutuel Facility building is approximately 225,000 gross
square feet in size and has been and is today used for authorized pari-mutuel activities
and accessory commercial and retail uses, including the sale of alcoholic beverages, is
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zoned C-2 and is classified Local Activity Center ("LAC") by the Future Land Use
Element of the City and County comprehensive plans and the remainder of the Property
is zoned RS 8000; and
WHEREAS, pursuant to Article X, Section 23 of the Florida Constitution, slot
machines are authorized to be operated on four existing licensed pari-mutuel facilities in
Broward County; and
WHEREAS, pursuant to Resolution No. 2005-26, adopted January 18, 2005, the
Board of County Commissioners of Broward County, Florida, approved and authorized a
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• county-wide special election to be held on Tuesday, March 8, 2005 ("Special Election")
for the purpose of submitting to the qualified electors of Broward County the question of
whether to authorize slot machines in existing, licensed, pari-mutuel facilities as provided
in Article X, Section 23 of the Florida Constitution ("Referendum"); and
WHEREAS, the Referendum was adopted by a majority of the qualified
electorate voting in the Special Election and, therefore, slot machines are authorized to
operate on the developed portion of the Property; and
WHEREAS, Broward County entered into an Agreement with ARAGON and
each of the other pari-mutuel facilities, the effective date of which is January 25, 2005,
which agreement provides, among other things, that it was entered into as a good faith
concerted and negotiated effort on the part of County and ARAGON to achieve a positive
and constructive resolution of significant issues that could negatively impact the
development of pari-mutuel facilities, that upon adoption of the Referendum the pari-
mutuel facilities may be developed or modified to incorporate slot machines and that the
modification or redevelopment of the pari-mutuel facilities to include slot machines will
further the public interests by providing economic stimulation and enabling
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redevelopment of the facilities and the geographic areas surrounding the facilities; and
WHEREAS, representatives of ARAGON and CITY have met on several
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occasions to review the plans for the construction of a new Pari-Mutuel Facility to consist
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of (i) a building of not more than 300,000 gross square feet within which 1,500 slot
machines and other authorized gaming activities will be conducted, (ii) accessory retail
and commercial uses, including the sale of alcoholic beverages, and (Ili) a parking facility
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containing not more than 4,499 spaces on the Property ("Capital Improvement" and
"Capital Improvement Uses"); and
WHEREAS, Section 550.155(2)(a) and (b), Florida Statutes ("Statute"), a copy
of which is attached as Exhibit "B", provides in pertinent part that a capital improvement
proposed by a permit holder licensed under Chapter 550, Florida Statutes, to a pari-
mutuel facility which existed on June 23, 1981, and which (i) does not qualify as a
development of regional impact ("DRI") as defined in Section 380.06, Florida Statutes,
and (ii) is contiguous to or within the existing pari-mutuel facility site, which capital
improvement requires, pursuant to any municipal ordinance, resolution or regulation,the
approval of the municipality wherein the permit holder conducts his business operations,
shall receive approval unless the municipality is able to demonstrate that the proposed
Capital Improvement presents a justifiable and immediate hazard to the health and safety
of municipal residents if the proposed capital improvement is constructed; and
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WHEREAS, the Pari-Mutuel Facility was in existence on June 23, 1981; and
WHEREAS, upon the vacation, abandonment and relocation of a portion of
Northeast Second Street, the Capital Improvement will be located within the Pari-Mutuel
Facility; and
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k WHEREAS, on October 4, 2006, the State of Florida, Department of Community
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Affairs, issued a binding letter of interpretation of vested rights and determined that the
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development of the Capital Improvement is not a DRI; and
WHEREAS, CITY does not want Northeast Fifth Avenue to become a through
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right-of-way from Dania Beach Boulevard to Northeast Second Street; and
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WHEREAS, CITY has reviewed the conceptual plan for the construction of the
Capital Improvement, the vacation, abandonment and relocation of a portion of Northeast
Second Street and the vacation and abandonment of a portion of Northeast Fifth Avenue,
a copy of which is attached as Exhibit "C" ("Capital Improvement Plan"), and has
determined that the construction and operation of the Capital Improvement will not
present a justifiable and immediate hazard to the health and safety of the residents of the
City of Dania Beach; and
WHEREAS, ARAGON, at its sole cost, shall pay for the construction of the
improvements which are described in and depicted on the Capital Improvement Plan; and
WHEREAS, ARAGON and CITY desire to enter into this Agreement in order to
F provide for the process by which the Capital Improvement shall be reviewed and a
building permit issued for its construction;
NOW, THEREFORE, in consideration of the mutual promises and agreements
herein contained and other good and valuable consideration, the adequacy of which is
agreed upon, ARAGON and CITY agree as follows:
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1. Incorporation of Whereas Clauses. The Whereas clauses of this
Agreement are true and correct and are incorporated into and made a part of this
Agreement as specifically as if set forth herein.
2. Findings of Fact. The approval and execution of this Agreement by
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CITY shall constitute a finding by CITY that:
a. The construction of the Capital Improvement as depicted on and
described in the Capital Improvement Plan will not present a justifiable and immediate
hazard to the health and safety of the residents of the City of Dania Beach and, therefore,
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the Capital Improvement Plan shall be processed and approved in accordance with the
provisions of the Statute.
b. The Capital Improvement Uses are consistent with the goals,
objectives and policies of City's comprehensive plan and code of ordinances and
regulations.
C. The vacation, abandonment and relocation of a portion of
Northeast Second Street as depicted on the Capital Improvement Plan will improve traffic
circulation and mitigate traffic impact on the neighboring residential areas.
d. The vacation and abandonment of the 35 foot right-of-way of
Northeast Fifth Avenue which borders the eastern property line of the Property as
depicted on the Capital Improvement Plan is in the best interest of CITY and will.benefit
the health, safety and welfare of its residents.
e. The Capital Improvement Plan satisfies the criteria established by
the Statute. Therefore, (i) the construction of the Capital Improvement in accordance with
the Capital Improvement Plan will not present a justifiable and immediate hazard to the
health and safety of the residents of the City of Dania Beach and (ii) any contrary
provisions contained in the city's ordinances or other regulations of the city
notwithstanding, CITY shall issue a building permit to ARAGON to construct the Capital
Improvement pursuant to Paragraph 4 of this Agreement.
3. Approvals Required. The following City development orders must be
obtained in order for ARAGON to construct the Capital Improvement:
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a. The vacation, abandonment and relocation of a portion of
Northeast Second Street and the vacation and abandonment of the 35 foot right-of--way of
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Northeast Fifth Avenue which exists along the eastern property line of the Property
("Applications"). ARAGON shall file the Applications as required by the city code and
Charter, and CITY shall expedite the review and consideration of the Applications. This
Agreement authorizes ARAGON to file the Applications. If the Applications are
approved, ARAGON shall be entitled to apply for a building permit and, if such an
application is filed, CITY shall be obligated to issue the building permit in accordance
with Paragraph 4 of this Agreement; and
b. A building permit.
4. Issuance of Building Permit. CITY shall approve the application for a
building permit and issue the building permit in accordance with the following
conditions:
r a. The final construction plan shall be prepared by a registered
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professional engineer and a licensed architect and shall be sealed by an engineer and
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architect both licensed in the State of Florida("Capital Improvement Construction Plan").
The Capital Improvement Construction Plan which is submitted shall comply with the
Capital Improvement Plan and the CITY's water, sewer, drainage, parking and fire safety
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` requirements.
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b. The Capital Improvement Construction Plan and proof that the
Applications have been approved shall be delivered to CITY for review and
i determination of compliance with the Florida Building Code and Administrative Chapter
One, as applicable to Broward County.
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• C. CITY shall use its best efforts to complete the review of the
Capital Improvement Plan not later than ninety (90) days after the date of delivery of the
plan.
d. If the Capital Improvement Construction Plan complies with the
Florida Building Code, Administrative Chapter One, as applicable to Broward County,
the Capital Improvement Plan and the CITY's water, sewer, drainage, parking and fire
safety requirements, the CITY shall issue a building permit for the Capital Improvement.
e. If the Capital Improvement Construction Plan does not comply
with the Florida Building Code, or Administrative Chapter One, as applicable to Broward
County, or with the Capital Improvement Plan, or with the CITY's water, sewer,
drainage, parking and fire safety requirements, then CITY shall notify ARAGON in
writing as to the reasons why the plan does not comply. If the CITY provides such
notice, ARAGON shall provide written notice to CITY not later than thirty (30) days
after its receipt of CITY notice that it will (i) as to issues related to the Florida Building
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Code and Administrative Chapter One, either revise the Capital Improvement
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Construction Plan in accordance with the CITY notice or apply for the applicable review
of CITY's decision and (ii) as to issues which are not related to the Florida Building
Code and Administrative Chapter One, either revise the Capital Improvement
Construction Plan in accordance with the CITY notice or submit the dispute to resolution
as provided for in Paragraph 6 of this Agreement.
f. Prior to the issuance of the building permit, ARAGON shall pay a
s permit fee to CITY in the amount established for a permit that cannot be classified under
the CITY's Schedule of Permit Fees for Construction.
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5. Plat. If Broward County requires that the Property be platted in order to
construct the Capital Improvements, ARAGON shall plat the Property. CITY agrees that
it shall expedite review and consideration of the plat and shall do all things necessary to
cooperate with ARAGON and Broward County to obtain expedited review of the plat. In
addition, if ARAGON applies to County to obtain approval to commence construction
prior to plat recordation, CITY shall join in such an application.
6. Dispute Resolution. Any dispute, controversy or claim between
ARAGON and CITY arising out of this Agreement or a breach thereof shall be submitted
to non-binding mediation prior to litigation. The mediator's fees shall be paid equally by
the parties. Any of the above proceedings shall be brought in Broward County and shall
be conducted pursuant to Florida Statutes relating to mediation. Either party may call for
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mediation on any dispute,controversy or claim arising under this Agreement.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. Venue of any action, whether state or federal, shall be in
Broward County Circuit Court or the Federal District Court, Southern District of Florida.
7. Miscellaneous.
A. Entire Agreement. This Agreement sets forth all of the promises,
covenants, agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings, inducements or
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conditions, express or implied, oral or written.
B. Pronouns.. All pronouns and any variances thereof shall be deemed
to refer to the masculine, feminine and neuter, singular or plural, as the identity of the
party or parties, personal representatives, successors or assigns may require.
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• C. Severability. The invalidity of any provision hereof shall in no
way affect or invalidate the remainder of this Agreement.
D. Termination. In the event the approvals required by Paragraph 3
hereof are not granted, either ARAGON or CITY shall have the right to terminate this
Agreement by providing written notice to the other party. No such notice may be
provided prior to the resolution by a court of final jurisdiction of any litigation which
challenges the denial of the approvals.
E. Counterpart. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one and the same instrument.
F. Headings. The headings contained in this Agreement are inserted
for convenience only and shall not affect, in any way,the meaning or interpretation of the
Agreement.
i G. Governing Law. This Agreement shall be construed in accordance
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with the laws of the State of Florida, and any proceeding arising between the parties in
f any manner pertaining to this Agreement shall, to the extent permitted by law, be held in
Broward County, Florida.
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H. Joint Preparation. CITY and ARAGON agree that they have,
sought and received whatever competent advice of counsel necessary for them to form a
full and complete understanding of all rights and obligations herein and the preparation of
this Agreement has been a joint effort. The language agreed to expresses their mutual
intent and the resulting document shall not be construed more strictly against one of the
parties than the other.
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• I. Succession and Assignment. This Agreement and interest herein
shall be binding upon and shall inure to the benefit of any and all successors, assigns,
heirs, legal representatives and personal representatives of any party hereto.
Notwithstanding, ARAGON shall not assign this Agreement without the written consent
of the City Commission, which consent shall not be unreasonably withheld and which
consent shall be granted and deemed to have been given if the State of Florida,
Department of Business and Professional Regulation, authorizes the transfer of the Pari-
Mutuel Facility's permit to conduct pari-mutuel wagering and ARAGON shall provide
written notice to CITY within five (5) days of such a transfer.
J. Effective Date. The effective date of this Agreement shall be the
day upon which it is approved by the City Commission of CITY.
8. Notice. All notices, requests, consents and other communications required
E or permitted under this Agreement shall be in writing and shall be (as elected by the
person giving such notice) hand-delivered by messenger or courier service, sent by
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facsimile, or mailed (airmail if international) by registered or certified mail (postage
prepaid), return receipt requested, addressed to:
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As to CITY:
Mr. Ivan Pato
City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Facsimile: 954-921-2604
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with a copy to:
Thomas J. Ansbro, Esq.
City Attorney
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Facsimile: 954-924-3 702
As to ARAGON:
The Aragon Group
P.O. Box 1107
301 East Dania Beach Boulevard
Dania Beach, FL 33004
Facsimile: 954-927-0149
with a copy to:
Boyd Gaming Corporation
Attention: General Counsel
2950 Industrial Road
Las Vegas NV 89109-1150
Facsimile: 702-792-7335
with a copy to:
Donald R. Hall, Esq.
Gunster Yoakley & Stewart, P.A.
500 E. Broward Blvd., Suite 1400
Fort Lauderdale, Florida 33394
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Facsimile: 954-523-1722
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K [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature:
WITNESS: CITY OF DANIA BEACH, a Florida
municipal corporation
0-
[Witness type or print name] By: /
Patricia Flury, Mayor
day ofIV,by 7yip�,<2006
[Witness type or print name]
By:
fA- Iv 4, City Manager
[Witness type or print name] day of/1011451-1&
_2S 2006
[Witness type or print name]
Approved as to form and legality by
Office of the City Att ey
By:
Louise Stilson, City Clerk Th6mas, 'An ro, Esq.
day of 2006
(CITY SEAL)
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STATE OF FLORIDA )
COUNTY OF BROWARD ) SS.
The foregoing instrument was acknowledged before me this day of
2006, by PATRICIA FLURY, Mayor of the City of Dania Beach, a
Florida municipal corporation. She is personally known to me and did not take an oath. .
c,E STILSp�ii,�� Notary Public, State of Florida
����0•'�,�SSIONF. ���
10 ��0/ (Signature of Notary)
°� s My. Commission Expires:
37IL Sorttl
y y'. #DD 495609 Qo`
o . Name of Notary Typed, Printed
PUbi 9•..o @onde3 fi e
l or Stamped
JJJrunuulll
12
STATE OF FLORIDA )
COUNTY OF BROWARD ) SS.
The foregoing instrument was acknowledged before me this day of
AwEm,6_3 2006, by IVAN PATO, City Manager of the City of Dania Beach, a
Florida municipal corporation. He is personally known to me and did not take an oath.
NE
�JQ4 N0,201, rP_ Notary Public, State of Florida
(Signature of Notary)
O � ` My ommission Expires:
2p,
o�` Ouiscwa
Si`/LSC
me of Notary Typed, Printed
or
rung p d
WITNESS: THE ARAGON GROUP, INC.,
d/b/a Dania Jai Alai, a Division of
The Aragon Group, Inc.
L)M(1126ts By:
[Witness typt or print name]
Its:
_ L#'4day of y,,w wie , 2006
[Witness4ype or print name]
i
STATE OF )
COUNTY OF ) SS.
The foregoing instrument was acknowledged before me this 4"day of
GJF�u bkdL , 2006, by Of
T6 Aka&or 69C-Lfe --CAIL- . He is personally known to me and did not take an
oath.
Notary Public, State of r, cc rA
* * MY COMMISSIM#DD 552186 (Signature of Notary)
EXPIRES:Soembw 15,2010 My Commission Expires: Scer,6*>� is °
_1%1 f` °* Bonded Ttn Budpe111otery Services LL i.n/�°f✓ G. M C K�S, 7 @
Name of Notary Typed, Printed
or Stamped
FTL 309523.14
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Exhibit A
LAND DESCRIPTION
DANIA JAI ALAI
A PORTION OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST
CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA
Portions of the East one-half(E%) of the Northwest one-quarter (NW '/4), of the Northeast one-
quarter(NE '/4), of the Southeast one-quarter (SE '/4) and of the East one-half(E'/z) of the
Southwest one-quarter (SW 1/4), of the Northeast one-quarter (NE '/4), of the Southeast one-
quarter(SE '/4) and of the Northeast one-quarter (NE '/4), of the Northeast one-quarter(NE '/4), of
the Southeast one-quarter(SE '/4) and of the Southeast one-quarter(SE '/4), of the Northeast one-
quarter(NE '/4), of the Southeast one-quarter(SE '/4), all in Section 34, Township 50 South,
Range 34 East, City of Dania Beach, Broward County, Florida; TOGETHER WITH portions of
Blocks 2, 3, 4, 5, 6 and 7, "AMENDED PLAT OF HARBOR LAWNS", according to the plat
thereof, as recorded in Plat Book 14, Page 46 of the Public Records of Broward County, Florida;
TOGETHER with portions of Northwest 2"d Street and Northwest 5th Avenue, all the above
being more particularly described as follows:
COMMENCE at the Southwest corner of said Block 5;
THENCE North 01°45'47" West on the West line of said Block 5, a distance of 5.00 feet to the
M intersection with the North right-of-way line of Northeast. 2nd Street as described in Official
Records Book 3757, Page 285 of the Public Records of Broward County, Florida;
THENCE North 88041'36" East on said North right-of-line of Northeast. 2 n d Street, a distance of
230.00 feet to the Southwest corner of a parcel of land described in Official Records Book 9909,
Page 23 of the Public Records of Broward County, Florida and the POINT OF BEGINNING;
THENCE North 01°45'47" West on the West line of said parcel of land and it's Northerly
projection, a distance of 660.25 feet to the beginning of a tangent curve concave to the Southeast;
THENCE Northeasterly on the arc of said curve , having a radius of 75.00 feet, through a central
angle of 90°27'23" and an arc distance of 118.41 feet to a point of tangency;
THENCE North 88041'36" East, a distance of 556.40 feet to the intersection with the East line of
said parcel of land described in Official Records Book 9909, Page 23 of the Public Records of
Broward County, Florida;
THENCE South 01°32'28" East on said East line and it's Southerly projection, a distance of
795.83 feet to the intersection with the South right-of-way line of Northeast 2nd Street as
described in Deed Book 808, Page 51 of the public Records of Broward County, Florida;
Prepared by:
CALVINN,GIORDANO g ASSOCIATES,INC.
1$00 Eller Drive-Suiic 600
Fon Lauderdale,FL 33316 `
November I.2006
Revised November i,2006
P.\Prcjeas0006\065303 Dania Beach Jai Alai Plar'.SURVEVLeeal Descriptions`06-5303-V-SD-PLAT-BNDY'.doc SHEET I OF SHEETS
THENCE North 88°41'36" East on said South right-of-way line of Northeast 2nd Street, a
distance of 135.13 feet to the Northwest corner of a parcel of land conveyed to the City of Dania,
as described in Official Records Book 3769, Page 482 of the Public Records of Broward County,
Florida;
THENCE South 01°20'48" East on the West line of said parcel conveyed to the City of Dania, a
distance of 5.00 feet;
THENCE North 88041'36" East on the South line of said parcel conveyed to the City of Dania, a
distance of 339.73 feet to the intersection with the East line of said Section 34;
THENCE South 01"16'09" East on said East line of Section 34, a distance of 1165.87 feet to the.
intersection with the North right-of--way line of Dania Beach Boulevard (State Road A-1-A) as
shown on Florida Department of Transportation Right-of-Way Map, Section 86030-2506,Sheet
2 of 4;
THENCE South 87°45'08" West on said North right-of-way line, a distance of 964.56 feet to the
intersection with the East right-of-way line of Fronton Boulevard, as described in said Deed
Book 808, Page 51, of the Public Records of Broward County, Florida;
THENCE North 01°30'00" West, on said East right-of-way line of Fronton Boulevard, a distance
of 1166.80 feet;
THENCE South 88°41'36" West, a distance of 100.00 feet to the intersection with the West
right-of-way line of said Fronton Boulevard;
THENCE North 01030'00"West on the Northerly projection of said West right-=of--way line of
Fronton Boulevard, a distance of 79.92 feet to the intersection with. said North right-of-way line
of Northeast 2"d Street;
THENCE South 88°41'36"West on said North right-of--way line of Northeast 2'd Street, a
distance of 34.86 feet to the POINT OF BEGINNING;
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Said lands lying in the City of Dania Beach, Broward County, Florida and containing 1,638,398
square feet (37.6124 acres), more or less.
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Prepared by:
s CALVI\,GIORU:\NO CASSOCI:\TES,INC.
1800 Eller Drive-Suite 600
Fort Lauderdale.FL 33316
November I.2006
Revised November 7._006 t_r
P:Trojects\'006\065303 Dania Beach Jai Alai Plat SURVEY\Legal Descnptioos`.06-5303-\'-SD-PLAT-BNDY doc SHEET 2 OF 5 St lu EE 1T
S
NOTES:
I Not Valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted, by the Surveyor, for Rights-of-Way, Easements,
Ownership, or other matters that may appear in the Public Records of Broward County.
3. 'Bearings are based on the North right-of-way line of Dania Beach Boulevard having an
assumed bearing of South 87°45'08" West.
4. Informati n shown hereo oZn&/tepresent a Bounda Surve .
Boundary Y
CALVIN, GI ??NO & ASSES, INC.
Si / /Signed:- / / / DATE: ! t' ` 7
7 -1
Al
Gregor .I. Clements/ 411.
Professional Surveyor and Mapper
Florida Registration Number 4479
Prepared by:
CALVIN.61ORDANO S ASSOCIATES.INC.
1800 Eller Drive-Suite 600
Non Lauderdale.FL 33316
November 1,2006
Revised November 7,200o
P-.\Projects\2006\065303 Dauia Beach Jai.Alai Plat%.SI:RVEY\.Legal Descripticros\06..;303-V-SD-PLAT-13NDY doe SHEET 3 OF 5 SHEETS
SKETCH OF LEGAL DESCRIPTION
DANIA JAI ALAI PLAT
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Dania Jai Alai Property
IEng Otto wa PB�amo�s 1"=200' 06-5303
v 1! 1800 Eller Drive, Suite 600 City of Dania Beach 4
Fort Lauderdale, Florida 33316 DATE CAD FILE
Phone: 954.921.7781 Fax 954.92t.6B07 Broward County, Florida SEE BEET"Certificate of Authorization 6791 10-31-2006 OF 5
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Exhibit B
The 20o6 Florida Statutes
Title XXXIII Chapter 550
REGULATION OF TRADE, COMMERCE, PARI-MUTUEL
INVESTMENTS, AND SOLICITATIONS WAGERING
550.155 Pari-mutuel pool within track enclosure; takeouts; breaks; penalty for purchasing
part of a pari-mutuel pool for or through another in specified circumstances.--
(1) Wagering on the results of a horserace, dograce, or on the scores or points of a jai alai game
and the sale of tickets or other evidences showing an interest in or a contribution to a pari-mutuel
pool are allowed within the enclosure of any pari-mutuel facility licensed and conducted under this
chapter but are not allowed elsewhere in this state, must be supervised by the division, and are
subject to such reasonable rules that the division prescribes.
(2) The permitholder's share of the takeout is that portion of the takeout that remains after the
pari-mutuel tax imposed upon the contributions to the pari-mutuel pool is deducted from the
takeout and paid by the permitholder. The takeout is deducted from all pari-mutuel pools but may
be different depending on the type of pari-mutuel pool. The permitholder shall inform the patrons,
either through the official program or via the posting of signs at conspicuous locations, as to the .
takeout currently being applied to handle at the facility. A capital improvement proposed by a
permitholder licensed under this chapter to a pari-mutuel facility existing on June 23, 1981, which
capital improvement requires, pursuant to any municipal or county ordinance, ,resolution, or
regulation, the qualification or approval of the municipality or county wherein the permitholder
• conducts its business operations, shall receive approval unless the municipality or county is able to
show that the proposed improvement presents a justifiable and immediate hazard to the health
and safety of municipal or county residents, provided the permitholder pays to the municipality or
county the cost of a building permit and provided the capital improvement meets the following
criteria:
(a) The improvement does not qualify as a development of regional impact as defined in s. 380.06;
and
(b) The improvement is contiguous to or within the existing pari-mutuel facility site. To be
contiguous, the site of the improvement must share a sufficient common boundary with the present
pari-mutuel facility to allow full and free access without crossing a public roadway, public
waterway, or similar barrier.
(3) After deducting the takeout and the'breaks," a pari-mutuel pool must be redistributed to the
contributors.
(4) Redistribution of funds otherwise distributable to the contributors of a pari-mutuel pool must
be a sum equal to the next lowest multiple of 10 on all races and games.
(5) A distribution of a pari-mutuel pool may not be made of the odd cents of any sum otherwise
distributable, which odd cents constitute the "breaks."
(6) A person or corporation may not directly or indirectly purchase pari-mutuel tickets or
• participate in the purchase of any part of a pari-mutuel pool for another for hire or for any
gratuity. A person may not purchase any part of a pari-mutuel pool through another wherein she or
he gives or pays directly or indirectly such other person anything of value. Any person who violates
this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 20, ch. 92-348; s. 8, ch. 95-390; s. 786, ch. 97-103; s. 18, ch. 2000-354.
CITY OF DANIA BEACH Agenda Item#
Agenda Request Item
Date of Commission Meeting: 11/14/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation qa ❑ Continued from:
,�..,�:.
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eS�$ AL'x. 4$Il (ldBfltY�PRrO}�tt2 LI+�UIt7} r t ��a �
2006-200 -A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY WITH THE ARAGON GROUP, INC.,PERTAINING
TO REDEVELOPMENT OF THE DANIA JAI ALAI FACILITY AND RELATED PROPERTY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Allows for redevelopment of the Jai Alai facility and related property.
• at �coon�lccom I�shes ��� � ,xh � �� w� f ,�� �,�. � �`���.� ��� ��
��✓eLs�n"w'".a:L;r.. .,,:w. «.� ._�.,.,...v.,. .r1' .-a,✓�wa:. �uRb.... ,F F...w��,�4 �..�,..�,� �. `��...,. z»tw"�...,.� � ..-.t,..�,jz4
Authorizes the redevelopment consistent with state law.
Dept: Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
�l�Cost Sumr�a� � � ���,�d � �'��s ��, �,� � .1�' ��" s��✓r x ro a ;y � � d
Resolution
Development Agreement
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
• s�.;.�i;r, � �.;' ���.�;.k arc���3 r���� � ss�,^s —4�,a Ks. � ,zx: a-.z ,.w .y � ,. �`
Submitted by
Laurence G. Leeds, AICP Date
Department Director
Laurence G. Leeds, AICP Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
� �Ps,T,`NC USe � `� ������ ��a a FB� .'y� �vs ��a'���"e/A�r= `r,� � ���P d�`�` P,r � ✓ls f� /j��� 'o-�'�`�r��
' ka �a �„ .. 3.,rcx,. . 9�sjEw& 4w3�7,f�.wr,T.&X.�.ub: ,� ,..,.`zWk„ ,.�,.,..i'A?ia..... ..»n s.u�x�.i�� �.N,..,,.fz�w'� .�sc;�,c,.r„x.tt✓,3m�iz� ..K.�.��,�v�v�k` t�'�'
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑