HomeMy WebLinkAboutR-2003-033 Agreement Griffin Lakes Construction of Offsite Improvements RESOLUTION NO. 2003-033
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, MKN INVESTORS, LLC., AND THE CITY
OF DANIA BEACH RELATING TO REQUIRED OFF-SITE
IMPROVEMENTS IN CONNECTION WITH GRIFFIN LAKES
DEVELOPMENT; SUBJECT TO CERTAIN TERMS AND CONDITIONS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, MKN Investors, LLC., is the developer of a project known as Griffin
Lakes, (Development Management Division File No. 040-MP-02), hereinafter referred to
as the "Project"; and
WHEREAS, the Project was approved by the Board of County Commissioners
of Broward County on December 3, 2002, 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 MKN 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,
MKN 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. 2003-033
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resolution are repealed to the extent of such conflict.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 MarcVERRO
3.
1
T
H. CHUNN, JR.
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO -
c6LV�� COMMISSIONER MCELYEA -
CHARLENE 4OHNSON COMMISSIONER MIKES -
CITY CLERK VICE-MAYOR FLURY -
MAYOR CHUNN -
APPROVED AS TO F�OR� AND CORRECTNESS:
BY- 1 AV
THOMAS). ANSBRO
CITY ATTORNEY
Installation of Improvements Agreement 2 RESOLUTION NO. 2003-033
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B F F C ! 1 2003
Plantation, FL 33324-2038
Document prepared by:
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
__M -LMa5JDr5,-LL0_______________________`_____, 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 Griffin Lakes
Development Management Division File No. 040-MP_02 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 December 3 ........ 2002, 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
040-MP-02 Griffin Lakes
• 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 County Traffic 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 CITYwith written confirmation from COUNTY
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 H
01/01/02 2
040-MP-02 Griffin Lakes
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
[X] (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
----------------------------------------------
Dollars
($---------------), 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
040-MP-02 Griffin Lakes
• (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.
[ ] (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
• CA01 450
/02
o1/0�/02 4
040-MP-02 Griffin Lakes
• construction obligations set forth in this Agreement in the total amount
of$-----------------
(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 for the 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 -. ..."
040-MP-02 Griffin Lakes
• ---------------------------------------- (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
040-MP-02 Griffin Lakes
(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
040-MP-02 Griffin Lakes
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 $
040-MP•02 Griffin Lakes
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
040-MP-02 Griffin Lakes
For the DEVELOPER:
James Carr, Manager
MKN Investors, LLC
200 S. Biscayne Blvd., Suite 4900 Miami, FL 33131-2352
------------------------------------------------
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
P:/Projects/P Ian ning/01-2220.1/PDF/040-MP-02 Griffin Lakes
• 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]
• CA01
01/01/02/02 11
040-MP-02 Griffin Lakes
M 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 _ day of
______________,20-_,and--- ---------,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- Chair
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
040-MP-02 Griffin Lakes
DEVELOPER-CORPORATION/PARTNERSHIP
Witne ses (if p nership): _ M N Investors, LLC
ame of D veloper (corporation/partnership)
-- ----- ------------ By----- --------------------
( ign ure) ( (Signatur
Print name: _ —_ 6�—_ Print na e: T,,e� r- ----------
Titl e.
_ Address: bo
(Signatu Gofa� — � �z---------
�� _ f
Print name:_ �
Mal
ay ofy�dJ�r 20dj
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:--------------------------
• ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF
) SS
COUNTY OF &rcworc� )
The foregoing instrument was acknowledged before me this S'= day of
------ 200a by -------:TA r-------------- as
W\srtL.V.r�-_✓_---------of_MKN Inv_estorsj_(,Pc-L�c—�" , a_�jsz,rg_i►
.��b.► �y co.. , on behalf of the corporation/partnership. He or she is:
e�soma# +
�- ,; , "T
[.. 'bLITon. e of identification produced ----------------------
CX 837897
►r , HOlt".D. N RY PUBLIC:
(Seal)
My commission expires: 11\2X ,2.0�'�> Print n e: �nt� 4 VQIe :
CAF#450
• 01/01/02 14
040-MP-02 Griffin Lakes
MORTGAGEE-CORPORATION/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.
Wi esses (if p nership : _S_unTrust
Name of Mortgagee (c oration/partnership)
L
ignature) � (Signature)
S Robert E. Hummel
Print name: C e_ `_ Print name:_____
Title: --R�r11tN`b�te�i� �-ent
------------------------ --
----- -- --- ---------- Address: 7l
(Signature _ e ;�c _��- 3� -----T-- -_
Print name:_ L
l day of_ GY�I �, 20b�
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:--------------
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF XlD,/�6c-, )
) SS.
COUNTY OF r"�kD-VVI k
he foregoing instrument wa•�'acknowledged before me this�l_ day of
--- �V(�✓` 20 1j by '-�--`�`!Vjm!r—�s —!S�J ---- of
I-r\_ - v�L a a`�I�� orporation/partnership, on behalf
of e corporation/ partnership. He or she is:
ftersonally known to me, or
produced identification. Type of identification produced ______________.
NOTARY PUBLIC:
(Seal)
------------- --------------
My commission expires: Print name:
CAF#450
ar ny L'abeth Castaflanc
01/01/02 16 :, rt C.C959426
*�,.• c N...:,, gone
xnes
040-MP-02 Griffin Lakes
CITY
(If Property is located within a City)
WITNESSES: CITY of Dania Beach
------------------------
G
By-- -- ----- ---V�--- ---
Mayor-Commissioner
day of , 2
ATTEST: r---
--- ---------- `B�__--
-------------------
_ �Ci�i Manager
City Clerk
day of_ N A�— 20U
APPROVED AS TO FORM:
By----- _ �'_�— ----------
cityAttorney
Y
CAF#450
01/01/02 17
040-MP-02 Griffin Lakes
LEGAL DESCRIPTION•
A parcel of land being a portion of Tracts 3,' 4, 5 and 6, Block 1 in the
Northeast One—Quarter (NE 1/4) of Section 32, Township 50 South,
Range 42 East, according to the "PLAT OF SECTIONS 28, 29, 31 AND
32", as recorded in Plat Book 2, Page 32 of the public records of
Miami—Dade County, Florida, Being more particularly described as follows:
COMMENCE at the Northeast corner of said Section 32; Thence South
88'25'04" West along the North line of said section 32, 1317.17 feet,
Thence South 01'34'56" East, 55.00 feet to the POINT OF BEGINNING;
Thence along the South right—of—way line of Griffin Road as shown on
the Broward County right—of—way map for Griffin Road, County Bond
Project 86015 (004110) sheet 5 of 9, the following four (4) courses;
North 88'25'04" East, 650.55 feet; thence North 88'33'14" East, 201.99
feet; Thence South 85'18'59" East, 112.42 feet; Thence North 88'25'04"
East, 23.82 feet; Thence departing said right—of—way South 01'44'23"
East along the East line of the West 330 feet of said Tract 4. 602.73
feet; Thence North 88'23'35" East, along the South line of said Tract
4 290.15 feet; Thence South 01'49'00" East along a line 40.00 feet
West and parallel with the East Line of said Section 32, 459.36 feet;
• Thence North 88'22'07" West, 15.00 feet; Thence South 01'49'00" East
along a line 55.00 feet west of and parallel with the East line of said
Section 32, 210.80 feet to a point on the South line of Tract 3; Thence
South 88'22'09" West along said South line 1267.62 feet, said line also
being the north line of Ravenswood Gardens according to the Plat
thereof, as recorded in Plat Book 89, Page 43, of the Public Records of
Broward County, Florida; Thence North 01'35'02" West along the West
line of said Tract 6, said line also being the East line of Seaboard
Heights, according to the Plat thereof, as recorded in Plat Book 14,
Page 14 of the Public records of Broward County, Florida, a distance of
1286.59 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in Broward County, Florida and
containing 33.60 acres more or less.
• EXHIBIT "A"
LAND DESCRIPTION
LAND DESCRIPTION
GRIFFIN LAKES
A parcel of land being a portion of Tracts 3, 4, 5 and 6, Block 1 in the Northeast One-Quarter
(NE 1/4) of Section 32, Township 50 South, Range 42 East, according to the "PLAT OF
SECTIONS 28, 29, 31 AND 32", as recorded in Plat Book 2, Page 32 of the public records of
Miami-Dade County, Florida, Being more particularly described as follows:
COMMENCE at the Northeast corner of said Section 32; Thence South 88025'04" West along
the North line of said section 32, 1317.17 feet, Thence South 01 034'56" East, 55.00 feet to the
POINT OF BEGINNING; Thence along the South right-of-way line of Griffin Road as shown on
the Broward County right-of-way map for Griffin Road, County Bond Project 86015 (004110)
sheet 5 of 9, the following four (4) courses; North 88°25'04" East; 650.55 feet; thence North
88033'14" East, 201.99 feet; Thence South 85018'59" East, 112.42 feet; Thence North 88025'04"
• East, 23.82 feet; Thence departing said right-of-way South 01 044'23" East along the East line of
the West 330 feet of said Tract 4, 602.73 feet; Thence North 88023'35" East, along the South
line of said Tract 4 290.15 feet; Thence South 01°49'00" East along a line 40.00 feet West and
parallel with the East Line of said Section 32, 459.36 feet; Thence North 88022'07" West, 15.00
feet; Thence South 01 049'00" East along a line 55.00 feet west of and parallel with the East line
of said Section 32, 210.80 feet to a point on the South line of Tract 3; Thence South 88022'09"
West along said South line 1267.62 feet, said line also being the north line of Ravenswood
Gardens according to the Plat thereof, as recorded in Plat Book 89, Page 43, of the Public
Records of Broward County, Florida; Thence North 01°35'02" West along the West line of said
Tract 6, said line also being the East line of Seaboard Heights, according to the Plat thereof, as
recorded in Plat Book 14, Page 14 of the Public records of Broward County, Florida, a distance
of 1286.59 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in Broward County, Florida and containing 33.60 acres more
or less.
CAF#450
® 01/01/02 18 -
P:/Projects/Planning/01-2220.1/PDF/040-MP-02 Griffin Lakes
EXHIBIT "B"
LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement Completion Date
#11 A Southbound right turn lane on Prior to first c/o
Ravenswood Road at the 80-foot
opening with 150 feet of storage and
100 feet of transition.
#12 A Northbound left turn lane on Prior to first c/o
Ravenswood Road at the 80-foot
opening with 200 feet of storage and
100 feet of transition.
#13 An Eastbound left turn lane in the Prior to first c/o
80-foot opening on Ravenswood Road
with a minimum of 200 feet of storage.
• #14 A sidewalk along Ravenswood Prior to first c/o
Road adjacent to this plat displaced by
turn lane construction.
#15 An approved paved pedestrian Prior to first c/o
access landing pad conforming with the
provisions of the Americans with
'Disabilities Act (ADA) for persons
exiting or seeking to enter the bus, as
follows:
100 feet in width and 60 feet in length.
#16 Traffic Signal Conduit Relocation Prior to first c/o
#20 Pavement marking and signs Prior to first c/o
associated with the above listed
improvements.
CAF#450
01/01/02 19 •..
040-MP-02 Griffin Lakes
AGENDA REQUEST FORM
- CITY OF DANIA BEACH
AGENDA ITEM N 70
1. DATE OF COMMISSION MEETING: 3/12/03
2. DESCRIPTION OF AGENDA ITEM: APPROVAL AGREEMENT REQUEST
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION ED
4. SUMMARY EXPLANATION &BACKGROUND:
Resolution authorizing the City Commissioners to execute an agreement between the Broward
County Board of County Commissioners, MKN Investors, LLC., and the City of Dania Beach.
S. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Resolution
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
•
Submitted by:
Laurence G. Leeds,AICP, Director Date March 5,2003
Growth Management Department
City Manager Date
• GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
11W
TO: Ivan Pato, City Manager
C.FROM: Laurence Laurence Leeds, AICP, Director
Growth Management Department
DATE: March 12, 2003 City Commission Meeting
RE: Resolution authorizing the City Commission to
Execute an Interlocal Agreement between the City,
Broward County, and MKN Investors LLC Regarding
Completion of Off-Site Traffic Improvements
Broward County now requires that cities be signatories to developer agreements
relating to the construction of off-site improvements required by Broward
County.
• This particular agreement requires the developer of Griffin Lakes to construct the
following Ravenswood Road improvements: Right and left turn lanes leading into
the project, pavement markings and signs, ADA compliant bus stop, and traffic
signal conduit relocation (See attached Exhibit "B').
Pursuant to agreement, the City of Dania Beach cannot issue certificates of
occupancy for principal buildings until the above improvements have been
completed. The agreement also requires the developer to obtain approval of the
proposed improvements from the Broward County Engineering Division prior to
the city issuing a building permit for a principal building.
RECOMMENDATION
Approval, subject to final review and approval of the agreement by the City
Attorney.
Cc: Mike Sheridan, Public Works/Utilities Director
Tom Ansbro, City Attorney