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HomeMy WebLinkAboutR-2004-020 Agreement Thunderbird Construction of Offsite Improvements RESOLUTION NO. 2004-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, NAC INVESTORS, LLC, AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH THE THUNDERBIRD PARK PLAT; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, NAC Investors, LLC is the developer of a project known as Thunderbird Park, (Development Management Division File No. 022-MP-03), hereinafter referred to as the "Project"; and WHEREAS, the Project was approved by the Board of County Commissioners of Broward County on January 20, 2004, subject to certain conditions to ensure the protection of the public health and safety, and one of the conditions imposed at the time of approval was the construction of certain road improvements; and • WHEREAS, it is the desire of the City Commission to formally approve and enter into an Agreement on behalf of the City of Dania Beach with the Broward County Board of County Commissioners, and NAC Investors, LLC, to provide for the construction, funding and security for the required improvements as described in the agreement which is attached hereto and made a part hereof; subject to certain terms and conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the Agreement among the Broward County Board of County Commissioners, NAC Investors, LLC, and the City of Dania Beach, a copy of which Agreement is attached as Exhibit "A" to this Resolution. Section 2. That the proper City Officials are authorized to execute the Agreement and the City Manager and City Attorney are authorized to make minor Installation of Improvements Agreement RESOLUTION NO. 2004-020 revisions to such Agreement as are deemed necessary and proper and in the best • interest of the City. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 February 10tt' 2004. BATON MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES MIIIAM NASSER COMMISSIONER MIKES - YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON- YES APPROVED AS TO FORM AND CORRECTNESS: BY: r THO ANSBRO CITY ATTORNEY Installation of Improvements Agreement 2 RESOLUTION NO. 2004-020 Return recorded copy to: Broward County Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324-2038 Document prepared by: JAN 2 1 Hoyt Holden Calvin, Giordano&Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL. 33316 INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY, " AND NAC Investors, LLC its successors and ----------------------------------------------- assigns, hereinafter referred to as "DEVELOPER," • [AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY] The City of Dania Beach__------------- a municipal corporation, created and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, DEVELOPER'S Project, known as Thunderbird Park Development Management Division File No. 022-MP-03___---, hereinafter referred to as the"Project,"a legal description of which is attached hereto as Exhibit"A"and made a part hereof;" and WHEREAS, the Project was approved by the Board of County Commissioners of Broward County on January 20___-------, 2004 , subject to certain conditions to ensure the protection of the public health and safety, and one of the conditions imposed at the time of approval was the construction of certain road improvements; and WHEREAS, the parties desire to enter into this agreement to provide for the construction, funding and security for the required improvements as described in Exhibit "B" attached hereto and made a part hereof; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and payments hereinafter set forth, th parties agree as follows: • CAF#450 01/01/02 1. The above recitals and representations are true and correct and are incorporated herein. 2. INSTALLATION OF REQUIRED IMPROVEMENTS. (a) DEVELOPER agrees to and shall construct the improvements described in the attached Exhibit"B,"hereinafter referred to as the"Improvements." Said Improvements shall be constructed in accordance with the schedule set out in Exhibit "B." (b) The Improvements described in Exhibit"B" shall be installed in accordance with applicable COUNTY, CITY, or State of Florida, Department of Transportation standards and specifications and in accordance with the Development Review Report for the Project. The construction plans for the Improvements, including pavement marking and signing plans, shall be submitted to COUNTY for review. The construction plans for the Improvements must be approved by the COUNTY prior to the commencement of construction. Construction shall be subject to inspection and approval by COUNTY. Pavement marking and signing shall be provided for all of the Improvements and shall be subject to review, field inspections and final approval by the Broward CountyTraffic Engineering Division,which Improvements shall be consistent with the previously approved plans. (c) If property is located within a municipality, CITY agrees not to issue building permits for construction of a principal building within the Project until such time as DEVELOPER provides CITY with written confirmation from COU NTY that engineering plans for the required improvement have been approved by the Broward County Engineering Division and that DEVELOPER has complied with paragraph 4.of this Agreement. If the property is located within the unincorporated area,the COUNTY shall not issue building permits for construction of a principal building within the Project until such time as the DEVELOPER has complied with paragraph 4. of this Agreement. (d) If property is located within a municipality, CITY agrees not to issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." If the property is located within the unincorporated area, the COUNTY shall not issue any certificates of occupancy within the Project prior to completion of the "Improvements" according to the schedule set forth in Exhibit "B." (e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by permitting authority if such permitting authority is other than the COUNTY. CAF#450 01/01/02 2 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to complete the Improvements described in Exhibit"B"and that all costs relating to the installation of the Improvements will be borne by the DEVELOPER. 4. SECURITY AND DEFAULT. PLEASE CHECK THE APPROPRIATE SECTION BELOW [ ] (a) Lien. (1) A lien is hereby imposed by the COUNTY against the real property identified in Exhibit "A" in the amount of Dollars ($ ). Such lien shall secure the construction of the "Improvements" identified in Exhibit "B" attached hereto. Such lien shall exist until fully paid, discharged, released, or barred by law. The lien created by this Agreement shall be superior to and shall have priority over any mortgage on the real property described in Exhibit "A." The DEVELOPER shall cause this Agreement to be executed by the holder of any such mortgage, which execution shall constitute the mortgagee's consent to such subordination. (2) Prior to the DEVELOPER obtaining a building permit for construction of any portion of the Project which, according to the schedule set forth in Exhibit "B," requires the installation of the "Improvements", or a portion thereof, DEVELOPER shall provide a form of security acceptable to the COUNTY in the form of a letter of credit, surety bond, or other acceptable security in the amount of Three Thousand Six Hundred and Fortv-six and no Dollars ---------------------------------------------- 3.646.00 , in substitution of the lien imposed hereby, and the COUNTY shall cause to be executed and recorded in the Official Records of Broward County a release or satisfaction of the lien upon the property described in Exhibit "A." (3) DEVELOPER may elect to provide security for any individual phase as listed in Exhibit "B," in order to release a portion of the lien imposed on the Project for the individual phase. In that event, DEVELOPER shall submit a cost estimate prepared by a Registered Engineer for the "Improvements" required in such phase. Upon acceptance by the COUNTY of the cost estimate, and payment by DEVELOPER of any applicable fee, that portion of the Project shall be released from the lien imposed and the total amount of the lien shall be reduced by the approved amount. CAF#450 01/01/02 3 (4) In the event DEVELOPER fails to construct the "Improvements" according to the terms and conditions of this Agreement, COUNTY may recover such sums from DEVELOPER as are necessary in order to cause the construction of the"Improvements"that are outstanding. Such sums, plus costs and attorney's fees, may be recovered by COUNTY against the DEVELOPER through a civil action, or may be recovered by action as provided by the applicable security. In the event that DEVELOPER fails to construct an improvement secured by lien created hereunder, such lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. (6) DEVELOPER shall ensure that the substitute security remains valid and in full force and effect until DEVELOPER'S improvement obligations are fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation,or notice to COUNTY that the security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (7) In the event the letter of credit, surety bond or other form of security provided to COUNTY, as described above, expires, is canceled, or is disaffirmed, COUNTY shall send notice to DEVELOPER, according to the notice provisions of this Agreement, and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Installation of Required Improvements"which shall constitute a lien on the property described in Exhibit "A" for the amount due hereunder, until fully paid, discharged, released or barred by law. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Improvements may be recorded against and apply only to such parcel or portion of the Project. [x ] (b) Surety Bond or Letter of Credit. (1) Prior to the DEVELOPER recording the plat or any agreements which were conditions of approval for the Project, the DEVELOPER shall provide the COUNTY with security such as a surety bond or irrevocable letter of credit, which is acceptable to the COUNTY and which guarantees the DEVELOPER'S performance of the CAF#450 01/01/02 4 construction obligations set forth in this Agreement in the total amount of$3,646.00 (2) If the DEVELOPER obtains certificates of occupancy prior to completion of the applicable Improvements, contrary to the schedule set forth in Exhibit "B," the DEVELOPER shall be in default of this Agreement. In the event the DEVELOPER defaults under the terms of this Agreement, COUNTY shall be entitled to draw against the security forthe amount set out in paragraph 4.(b)(1), plus costs as set forth herein. If COUNTY draws against the security and the amount recovered is less than the amount necessary to construct the Improvements, COUNTY may maintain an action against DEVELOPER in a court of competent jurisdiction for the difference between any sums obtained and the amount due, plus costs and interest accrued from the due date at the rate of 12 percent per annum. (4) DEVELOPER shall ensure that the security remains valid and in full force and effect until DEVELOPER'S road improvement obligation is fully performed. Expiration of the security prior to DEVELOPER'S performance of such obligation, or notice to COUNTY that the • security will expire or has been canceled or disaffirmed prior to DEVELOPER'S satisfaction of all obligations hereunder, shall constitute a default of this Agreement. (5) In the event the security expires, is canceled or is disaffirmed, COUNTY shall send notice to DEVELOPER according to the notice provisions of this Agreement and DEVELOPER shall have one (1) month from the date of such notice to provide substitute security in a form acceptable to COUNTY. If DEVELOPER fails to provide acceptable substitute security, COUNTY may record a document entitled "Notice of Lien for Required Offsite Improvements" which shall constitute a lien on the property described in Exhibit "A" for the amount set forth in paragraph 4.(b)(1), or stated portion thereof. To the extent that the failed security is attributable to an identified parcel or portion of the Project, the Notice of Lien for Required Offsite Improvements may be recorded against and apply only to such parcel or portion of the Project. [ ] (c) Cash Bond. (1) The Improvements identified in Exhibit "B" shall be secured by cash, or check(cashier's, certified, or registered), or money order issued by CAF#450 01/01/02 5 s -------------------------------------------- (financial institution), in the amount of ------ ----------- Dollars ($----___-----), payable to the Broward County Board of County Commissioners. The DEVELOPER may at its option, later provide to the COUNTY a surety bond or letter of credit acceptable to COUNTY, in like amount, that shall be substituted for the cash, check, or money order. If the DEVELOPER provides a surety bond or letter of credit the provisions of subsection 4(b) above shall apply. (2) The estimated costs of the Improvements are ---------------------------------------------- Dollars ($-------------). (3) Upon completion of the Improvements, and acceptance by the applicable unit of local government, the DEVELOPER shall notify the Broward County Engineering Division of such completion and acceptance. Upon a determination by the Engineering Division that the Improvements have been installed, constructed, completed, and accepted, and following the completion of DEVELOPER'S one (1) year maintenance obligations if the Improvements are made to a County road, the COUNTY shall have ninety (90) days to remit • Dollars _ ________($— —_— ) to the DEVELOPER, provided that the COUNTY has not already effected a remittance to the DEVELOPER because of the earlier substitution of a surety bond or letter of credit. 5. Upon the completion of one or more of the road Improvements specified in Exhibit "B,"the DEVELOPER may request a partial release of security from the COUNTY. The DEVELOPER shall submit a sealed certification by a Registered Engineer of the work completed, and a cost estimate of the remaining roadway Improvements to be completed based upon the current approved County unit prices. Upon acceptance by the COUNTY of said certification and cost estimate, and payment by the DEVELOPER of any applicable fee, the COUNTY shall release that portion of the security, if any, which is in excess of the cost of the remaining road Improvements. Final release of the full security is subject to the standard COUNTY maintenance period of one (1) year from the date of completion of all of the Improvements specified on Exhibit "B," for roadways subject to COUNTY permit jurisdiction. Prior to release of any security held by the COUNTY for Improvements which are under the permit jurisdiction of other governmental agencies, the DEVELOPER shall submit documentation from the permit agency officially accepting the Improvements and consenting to the release of security. 6. DEVELOPER agrees that the construction contract(s) for the Improvements shall: CAF#450 01/01/02 6 (a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of contractor or subcontractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Director of the Broward County Engineering Division and County Attorney, any sums due DEVELOPER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. (b) In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth below, in accordance with the terms and conditions required by this section. (c) Such policy or policies shall be without any deductible amount and shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. CONTRACTOR shall specifically protect COUNTY and the Broward County Board of County Com- missioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds. (d) Comprehensive General Liability Insurance. A Comprehensive General Liability Insurance Policy with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability 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. Independent contractors. CAF#450 01/01/02 7 Products and/or completed operations for contracts. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Underground coverages. (e) Business Automobile Liability Insurance. Business Automobile Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00)peroccurrence,combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. (f) Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. (g) CONTRACTOR shall furnish to the Broward County Engineering Division Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. (h) Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of DEVELOPER is completed. All CAF#450 01/01/02 8 policies must b endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days' prior to the date of their expiration. 7. COUNTY agrees that this Agreement satisfies the requirements of the Broward County Land Development Code,that developers install all required Improvements prior to issuance of a development order or enter into an agreement to provide for installation of the required Improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy, as required by the County Commission. Upon official acceptance of the Improvements by the applicable road construction permitting agency, the local government may issue certificates of occupancy for parcels or portions of the Project according to the schedule set forth in Exhibit "B." 8. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the • respective places for giving notice: For the COUNTY: Director of the Broward County Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324-2038 CAF#450 01/01/02 9 For the DEVELOPER: James Carr, ------------------------------------------------- NAC INvestors, LLC ------------------------------------------------- 1560 S. Dixie Hwy. Suite 209, Coral Gables, FL. 33146 ---------------------------------------------- -- 9. RELEASE. When all of the obligations attributable to a specific Phase of the Project, as set forth in Exhibit"B,"or all of the obligations under this Agreement are fully paid and performed, at the request of the Developer or its successor and upon payment of any applicable fees, COUNTY shall cause a Partial Release to be recorded in the Official Records of Broward County, Florida evidencing such performance. To the extent that the obligations set forth herein are divisible and attributable to a specific parcel or portion of the Project, COUNTY may grant a partial release of this agreement for a specific parcel or portion of the Project for which this road impact obligation has been satisfied. 10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in the Official Records of Broward County, Florida, against the property described in Exhibit"A"to put subsequent purchasers, grantees, heirs, successors and assigns of any interest in such property on notice of the obligations set forth herein, which shall run with the property until fully performed. However, the amount set forth in paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of Lien for Required Offsite Improvements." 10. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. CAF#450 01/01/02 10 13. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 15. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement. 17. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY and DEVELOPER. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] CAF#450 01/01/02 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature; BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice Chair, authorized to execute same by Board action on the 20th___ day of January 2004 ,and NAC Investors, LLC _____ ______1 through its duly authorized representative to execute same and the CITY, signing by and through its ------___------------, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ----------—----------------- By---------------------------- County Administrator and Ex- Mayor Officio Clerk of the Board of County Commissioners of ___ day of------------- 20__ Broward County, Florida Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By----------------------------- Assistant County Attorney ----- day of----------- 20-- CAF#450 01/01/02 12 DEVELOPER-INDIVIDUAL Witnesses: -------------------------- ------------------------------ (Signature) Name of Developer (Individual) Print name:_________________ ------------------------------ (Signature) (Signature) Print name: -------------------- Print name: _ Print address:------------------- ---------------------------- --- day of----------- 20-- ACKNOWLEDGMENT: INDIVIDUAL STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by who is [ ]personally known to me, or [ ]produced identification. Type of identification produced--------------------- NOTARY PUBLIC: (Seal) ---------------- Print name: My commission expires: CAF#450 01/01/02 13 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): NAC rove tors, LLC --- nve ---------------------- Nam of Develo er (corporation/partnership) ------------ — ------ By------ ---.— ---------------- (Signature) -� ` , n (Signature) Print name: ►`�'�-'� 1V\IIl S Print name:_Ja es Carr ------------------ Title:_President / — -- ------- _______ Address:1560 Dixie Hwy, Suite 209 (Signature) _Coral Gables,—FL 33146--------------- Print name:_ 11C�Its�L�� I'7�day of--1�—Urnla s`' 2003 ATTEST (if corporation): -------------------------- (CORPORATE SEAL) (Secretary Signature) Print Name of Secretary:-_____-_____ -------------------------- ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP STATE OF FLORIDA } ) SS COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 11, day of ....... 200�5, by James Carr ------------------------� as President ofL�ACJnLe-sW-m i I - ----------------,a Florida_ ---------- corporation/partnership, on behalf of the corporation/partnership. He or she is: [x]personally known to me, or [ ]produced identification. Type of identification produced ______________________. NOTARY PUBLIC: (Seal) My commission expires: Print name: -T��aE5,j S vi7U �r Teresa A SmutnY a� MY Commission D0040010 Expires J*08,2005 CAF#450 01/01/02 14 � MORTGAGEE-INDIVIDUAL X"A" gee, being the holder of a mortgage relating to the parcel(s) described in Exhibit reby consents and joins in for the purpose of agreeing that its mortgage shall be inated to the foregoing Agreement. ses: ------- ------------------ ------------------------------ (Signature Name of Mortgagee (Individual) Print name: - --------------- ------------------------------ ------------- ----------- (Signature) (Signature) Print name:____________________ Print name: Print address:________________ ------------------------------ ---- day of------------- 2 0-- ACKNOWLEDGMENT - INDIVID L STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was ack\prouced e me this ----- day of ----—------------ 20— by-------- ------------- who is [ ]personally known to me, or [ ]produced identification. Type of identific __________________.LIC: (Seal) -------------- - -------- ---- Print name: My commission expires: CAF#450 01/01/02 15 MORTGAGEE-CORPO RATION/PARTNERSHIP Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Agreement. Witnesses (if partnership): Suntrust Bank Name of Mortgagee (corporation/partnership) --- By ;/ — n — (Signature) Print Print name: Martha Opitz _--_ Title:- --_— —_ Address: 777 Brickell Avenue _ (Signature Miami. FL 33131 _ — Print name:AW�N`�00 — — -`—` _//-7 day of 2,1—t,�—, 206_ ATTEST (if corporation): . -- (CORPORATE SEAL) (Secretary Signature)— , Print Name of Secretary:_—_— — ACKNOWLEDGMENT- CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) ---Le, f�oing instrument was acknowledged before me hi 7 c�a of A 2Oo3, by /Z'1�2�t„g ,, f� , as ce 2Psr,_{JQ fof Sun Trust Bank a Georaia Corporation/partnership, on behalf of the corporation/ partnership. He or she is: [x]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) .1t . U'onKA lhru No!aR My commission expires: Prini-Kame: —�— „ e, 3� r"' RUBEN PEDRON CAF#450 MY COMMISSION#DD 190689 01/01/02 ;' ThIN ES:May 16,2007 ` 8widedNotary ftHc UndWwrAem CITY (If Property is located within a City) WITNESSES: CITY of Dania Beach________________________ ri n �l J e-� M yor-Commissioner ---- day of �_��.��- 20 1 ,.._. ATTEST: ��'"' ( Gity.Manage ' Actin ity Clerk = day of ��` _, 20�_ - :J APPROVED AS FO M: l � __ ��1 _ _ ity �ttorn y CAF#450 01/01/02 17 EXHIBIT "A" LAND DESCRIPTION THUNDERBIRD PARK Commence at the Northwest corner of said Section 32; THENCE N88°22'00"E on the North line of said Section 32, a distance of 398.48 feet; THENCE S00°03'05"W, a distance of 35.02 feet to the Northwest corner of Parcel A, "LETO ACRES", according to the Plat thereof as recorded in Plat Book 168, Page 19, of the Public Records of Broward County, Florida, and the POINT OF BEGINNING; THENCE continue South on the West line of said Parcel A, and Parcel B of said "LETO ACRES", a distance of 636.97 feet to the intersection with the Northerly line of Lot 10, of said Block 2, "PLAT OF SECTIONS 28, 29, 31, AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE S88°21'28"W on said Northerly line of Lot 10, Block 2, a distance of 361.50 feet to the intersection with the East line of a 40-foot right-of-way for Southwest 31st Avenue, as described in Official Records Book 3378, Page 247, of the Public Records of Broward County, Florida; THENCE N00°18'39"E on said East line of Southeast 31st Avenue, a distance of 467.02 feet to the intersection with the 4Voutherly line of the North 205.00 feet of said Lot 9, Block 2; THENCE N88°22'00"E on said Southerly line,a distance of 119.74 feet; THENCE N00°12'25"E on the Easterly line of said West one-half(W '/2) of the West one-half(W '/2) of Lot 9, Block 2, a distance of 170.09 feet to the intersection with the Southerly right-of-way line of Griffin Road, as described in Official Records Book 1819, Page 583, of the Public Records of Broward County, Florida,- THENCE N.88°22'00"E on said right-of-way line, a distance of 239.18 feet to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing 208,926.43 square feet or 4.7963 acres, more or less. CAF#450 01/01/02 18 EXHIBIT "B" LIST OF IMPROVEMENTS AND SCHEDULE Road Improvement Completion Date Staff Recommendation#5-The removal of all existing Prior to first Certificate of Occupancy driveways in locations not consistent with approved openings (C/O) for a principal building in the non-vehicular access line and the construction of curb, gutter and sidewalk in these openings when necessary to complete the required improvement. Staff Recommendation #6-Communication Prior to first C/O for a principal Conduit/Interconnect Relocation or Replacement if deemed building if deemed applicable. applicable by Broward County Traffic Engineering. Staff Recommendation#7- Pavement Markings and Signs In conjunction with the construction necessary to complete the above requirements. of the above improvments • CAF#450 01/01/02 19 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: FEBRUARY 10,2004 2. DESCRIPTION OF AGENDA ITEM: APPROVAL AGREEMENT REQUEST—THUNDERBIRD PARK PLAT 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Resolution authorizing the City Commissioners to execute an agreement between the Broward County Board of County Commissioners, NAC Investors, LLC, and the City of Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Agreement 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ r7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date February 2, 2004 Community Development Department City Manager Date • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 10, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner SUBJECT: CA-05-04: Request by Calvin, Giordano & Associates, Inc., on behalf of NAC Investors, LLC., to approve a tri-party agreement with Broward County for phasing installation of off-site improvements for property known as Thunderbird Park, located at 3064 Griffin Road. On May 27, 2003 the City Commission approved the plat for this project and on September 23, 2003 the City Commission approved the site plan. This project was approved by the Board of County Commissioners of Broward County on January 20, 2004 subject to certain conditions to ensure the protection of the public health and • safety. One of the conditions imposed by the County Commission at the time of approval was the construction of certain road improvements. The applicant is requesting the City to enter into a tri-parry agreement with the applicant and Broward County to provide for construction, funding and security for the required improvements as described in Exhibit B of the agreement. The subject agreement and exhibit is attached for your reference. The agreement requires the applicant to provide the following items: • Removal of all existing driveways in locations not consistent with approved openings as per the approved site plan. • Construction of curb, gutter and sidewalk in these openings when necessary to complete the required improvements. • Communication conduit/interconnect relocation or replacement if deemed required by Broward County Traffic Engineering. • Pavement parking and signs necessary to complete the above requirements. STAFF RECOMMENDATION Approval.