HomeMy WebLinkAboutR-2003-038 Agreement Marina Mile Offsite Improvements RESOLUTION NO. 2003-038
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, THE EPOCH CORPORATION, AND THE
CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE
IMPROVEMENTS IN CONNECTION WITH THE MARINA MILE OFFICE
INDUSTRIAL BUSINESS PARK; SUBJECT TO CERTAIN TERMS AND
CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Epoch Corporation, is the developer of a project known as the
Marina Mile Office Industrial Business Park, (Development Management Division File
No. 068-MP-91), hereinafter referred to as the "Project"; and
WHEREAS, the Project was approved by the Board of County Commissioners
of Broward County on October 1, 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 Epoch Corporation, 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,
Epoch Corporation, 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 Improv. Agreement 1 RESOLUTION NO. 2003-038
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resolution are repealed to the extent of such conflict.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 March 25, 200
OB ANTON
MAYOR — COMMISSIONER
AT EST- ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO O M AND CORRECTNESS:
BY:
TH M J. ANSBRO
CITY ATTORNEY
i
Installation of Improvements Agreement 2 RESOLUTION NO. 2003-038
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document prepared by:
Leila Batties, Esq.
Akerman Senterfitt, P.A.
One SE Third Avenue, Suite 2800
Miami, FL 33131
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
MARINA MILE BUSINESS PARK_ 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 RUNWAY LAKES II
Development Management Division File No. 068-MP-91 , hereinafter referred to as the
"Project," a legal description of which is attached hereto as Exhibit" A" and made apart hereof;"
and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on OCTOBER 1 , 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,
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IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, the parties agree as follows:
•
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) 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 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.
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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 bome 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
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.
(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,
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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 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
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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.
[X] (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 in the
amount of three thousand four hundred ninety-nine Dollars ($
3,499.00), (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 three thousand four
hundred ninety-nine Dollars($ 3,499.00 .
(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
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Improvements are made to a County road, the COUNTY shall have ninety
(90) days to remit three thousand four hundred ninety-nine Dollars
• ($3 49, 9.00 ) 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 "8,"
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 "8," 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:
• (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.
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(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.
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) 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 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
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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 all policies must be 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
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For the DEVELOPER:
ANTONIO_J. CABRERA,JR.
782 N.W. LEJEUNE ROAD, SUITE 555
MIAMI, FL 33126
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
iImprovements."
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 Attorneys 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.
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.
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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]
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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 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-Offncio Chair
Clerk of the Board of County
Commissioners of Broward County, Florida , day of 20
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
•
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DEVELOPER-CORPORATION/PARTNERSHIP
Witnesses (if partnership):
MARINA MILE BUSINESS PARK. L.L.C.
(Signatu e) Name of Developer
Print name: j_�lQ ��ftlC�. (corporation/ artnership)
By '
(Signature
ature) Print name: tonio J. Cabr ra Jr.
Print name: /Vl Title: Mana a Presid
Address: 782 N. . LeJeune Road,
Suite 555
ATTEST (if corporation):_ Miami, FL 33126
(Secretary Signature)
day of , 2003
(CORPORATE SEAL)
• Print Name of Secretary:
ACKNOWLEDGMENT— CORPORATION/PARTNERSHIP
STATE OF )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this /d T7 day of
r� 2003, by ANTONIO J. CABRERA, JR., as
(W—A—NAGER/PRLVSOENT of MARINA MILE BUSINESS PARK, L.L.C., a FLORIDA
corporation/partnership, on behalf of the corporation/partnership. He or she is
[ ijo'ersonally known to me, or
[ ]produced identification. Type of identification produced
ay p� 0 IAL a ® NOTARY PUBLIC:
"; 'q OU3ALRCHOVERAIA
(Seal Zo
CAMMISSIONNlJaABER
.'i7S
Q �0138
71 CEO MY OOMM4SSM E)PtM
OF FAO aua 1 zoos .nt e: �LG� ��%'-'�•u
My commission expires:,�J f--e/ers
(M1851183;1} ..12
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.
Witnesses (if partnership): l)Ylian P can1 eeS tonK} �J-A .
Name of Mortgagee (corporation/partnership)
By- -01 91f 0 ARA�U&
(Signature) (Signatur )
Print name:\M\ � Nc � tfr f r Print name: M--Nneae6 �cu
Title: ice resic4e-ram
Address: ® n 'U�
(Signature) 1 le
Print name:
c�D_ day of_I'na✓e.1'1 , 20Q
ATTEST (if corpor tion). - -
0a" V (CORPORATE SEAL)
Signature)
Pn n "am e of J�f12e✓tom- yr►�yrsfi
v�� ►�Si�/ll
ACKNOWLEDGMENT- CORPORATION/PARTNERSHIP
STATE OF FV JZIDA )
COUNTY OF Mlftl-D
SS.
,o.t.
The foregoing instrument was acknowledged before me this P� d y of
�r 20oJ �2d
by WreS IWr�lv-A as U P +- of
Un;en 4"-S EAnV- 0t&, a corporation/partnership, on behalf
of th corporation/ partnership. He or she is:
of
known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires: �name:
•�rya c AM$ ;.
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CITY
(If Property is located within a City)
c: CITY of DANIA BEACH
WITNESSES:
c
By:
Mayor-Commissioner
..ti r�day of � P , 20 03
r:
ATTEST:
�3 By:
City Clerk City Manager
~)�-J day of 20 03 APPROVED AS TO FORM:
By:
t >, City A torn0y
z
1
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EXHIBIT "A"
LAND DESCRIPTION
Parcel B of Runway Lakes II, according to the Plat thereof, as recorded in PB 156, Pg. 47 of the
Public Records of Broward County,Florida.
•
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EXHIBIT "B"
® LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement Completion Date
Sidewalk Requirements (Dedication/Easement)
Improve the existing bus stop by dedication/ Prior to C.O.
easement for the right-of-way for an
approved paved pedestrian access landing
pad conforming with the provisions of the
Americans with Disabilities Act (ADA) for
persons exiting or seeking to enter the bus,
which should be constructed as follows: 60
feet long and 10 feet wide, as required by
the Florida Building Code and federal ADA
requirements.
Sidewalk Requirements(Bond for and Construct)
Improve the existing bus stop by providing an Prior to C.O.
approved paved pedestrian access landing
pad conforming with the provisions of the
• Americans with Disabilities Act (ADA) for
persons exiting or seeking to enter the bus,
which should be constructed as follows: 60
feet long and 10 feet wide, as required by
the Florida Building Code and federal ADA
requirements.
Bus Shelter Requirements (Easement)
Provide a bus shelter easement near the Prior to C.O.
existing designated bus stop, which should
be a minimum of 14'x 8'.
CAF#450
01/01/02
{M1910752;1}
i
rt
PREVIOUS ITEM BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS NEXT ITEM
BR�V-WARD Meeting Date
COUNTY 10/01/02
10:00 a.m.
Page 1 of 12
Requested Action ( iendy appropdale Action or Motion.Authority or Requirement fbr item and identify dW
outcome
andWpuipassof den.) ,
DELEGATION: Leila Batties regarding request to amend the note on the Runway Lakes II Plat -
Commission District 7, (068-MP-91).
Why Is Action Necessary: Chapter 5, Article IX of the Broward County Code of Ordinances (The
Broward County Land Development Code) requires changes to previously approved or recorded
plats to be approved by the Board of County Commissioners.
What Action Accomplishes: Compliance with the Broward County Land Development Code.
Summary Explanation [Background (aradmanaaeaAesun,rnayof the action that W4esanover%ieaof them 'cars
defais br
the Bern.The first semence vch door the Agency recamme dation.)
The Development Management Division of the Departmentof Planning and Environmental Protection
0 recommends APPROVAL subject to staff recommendations and conditions which will assure
compliance with the standards and requirements of Chapter 5,Article IX ofthe Broward CountyCode
of Ordinances. See attached staff report.
At this time, this site is not included in the Conservation Land, Green Space and Open Space
Inventory. However, the referenced parcel is across Southwest 30 Avenue from Green Space
#238.
Fiscal Impact/Cost Summary (ki kxkpl*Ktedamappvdedh4Warnow1andaccountnumber,source of bids,
and
any future kodirg rsgwamema.)
Not applicable
Exhibits Attached(copies of origins, (Pe rsunw sshibda rsarer )
atpserranta) _
Staff Report
Document Control Commission Action
Authorized Signature Scheduling
(Signature confirms that required approvals from other agencies have been received—e.g.Purchaskrg,Budget,Risk Mgt,Attorney) Cny Adrnin initials
Signature: Oate: Type Name,Title.Agency and Phone: Steve
Somerville, Director, DPEP -519-1202
Source of Additional Information: Type Name,Title,Agency and Phone: Elliot Auerhahn, Director,
Development Management Division -357-6669
Page 2 of 12
Executed original(s)for permanent record ❑ APPROVED DENIED
Executed copies to return to: ❑ DEFERRED
—(—bar) From:
Other instructions:w%AAe name,agency,and Phaw)
To:
P
STAFF REPORT age 3 of 12
Runway Lakes II Plat
068-MP-91
A request to amend the note on the plat has been filed with the Development Management
Division. This plat was approved by the County Commission on March 16, 1993, for a lake
and 138,000 square feet of commercial use on 19.5 acres. The property is located on the
south side of State Road 84,west of Southwest 26 Avenue, in the City of Dania Beach.The
plat was recorded on September 20, 1994.
The note recorded on the face of the plat restricts the plat as follows:
This plat is restricted to 138,000 square feetof commercial use on the north 500 feet
of Parcel B and a lake on Parcel E and the remainder of Parcel B.
Ms. Batties is requesting to amend the note to add an additional 38,868 square feet of
commercial use and to redistribute the development to all of Parcel B. Parcel E will remain
restricted to a lake. The requested note would read as follows:
This plat is restricted to 176,869 square feet of commercial use on Parcel B and a lake
• on Parcel E.
This request was evaluated by the Reviewing Agencies. The Broward County Planning
Council has issued a letter stating that the commercial use on the north 500 feet of Parcel B
remains in compliance. Additionally, the City of Dania Beach has applied its "20% Industrial
to Commercial flexibility provision"to the remainder of Parcel B. Therefore, this request is in
compliance with the permitted uses of the effective land use plan. The application of the 20%
flexibility rule is not subject to Policy 13.01.10 of the Broward County Land Use Plan as the
subject plat is located within the designated "Urban Infill" area (see attached).
The Aviation Department has indicated that the property is located within 20,000 feet of the
Fort Lauderdale-Hollywood International Airport. Any proposed construction or the use of
construction cranes must be reviewed to determine if Federal Aviation Regulation Part 77,
Florida Statutes Chapter333 and/orthe Broward CountyAirport Zoning Ordinance apply. The
developer must submit FAA Form 7460.1 to the Federal Aviation Administration to determine
whether the proposed development is a potential hazard to aviation. This property will be
subject to overflight and associated noise of arriving and departing aircraft during
the course of normal operations due to its close proximity to the airport.
The applicant is advised, by the Engineering Division, that the requirements of the recorded
Phasing Agreement (Book 22627, Page 0739) are still pending.
The Mass Transit Division notes that this plat is currently served on State Road 84 by BCT
• STAFF REPORT
Runway Lakes 11 Plat
Page 4 of 12
068-MP-91
Continued
Route 84 and will require the applicant to provide a bus shelter easement near the existing
bus stop and bond for and construct an approved paved pedestrian access conforming with
the provisions of the Americans with Disabilities Act for persons exiting or seeking to enter
the bus (see attached memorandum).
The Land Preservation Section of the Department of Planning and Environmental Protection
has reviewed this request and at this time,this site is not included in the Conservation Land,
Green Space or Open Space Inventory,and is not adjacent to a site in the Inventory. However,
the referenced parcel is across Southwest 30 Avenue from Green Space#238.Currently, the
owner of Site #238 is not a willing seller. Comments from the Department of Planning and
Environmental Protection are attached.
The City of Dania Beach has issued a letter stating that they do not object to this request.
This request represents an increase of 138 peak hour trips. This plat is located within an area
designated on the Broward County Land Use Plan as a traffic concurrency exception area and
is subject to transit impact fees. Therefore, this plat with the amended note satisfies the
regional road network concurrency requirement of Section 5-182(a)(4)a)and the solid waste
• disposal concurrency requirement of Section 5-182(h) of the Broward County Land
Development Code.
No impact fee payments have been collected to date. The additional transit impact fee
associated with this request is $39,762.00. There is an existing road impact fee agreement
for this property in the amount of$ 96,738.00. The applicant should be advised that the
existing road impact fee agreement is adjusted quarterly based on the Florida Department
of Transportation Construction Index. The amount referenced above may increase or
decrease, based on the payment date, in accordance with the Index.
If the Commission approves this request, the applicant must accomplish the following:
1) Pays or secures the transit fee prior to recordation of the note amendment;
2) Complies with the conditions contained in the attached memorandum from the
Mass Transit Division prior to recordation of the note amendment;
3) Prior to recordation of the agreement to amend the note, the applicant shall
specify the name and address of an agent of record in a recorded document
acceptable to the County. The Development Management Director shall notify
the agent of record of the pending expiration of the County's findings of
adequacy at least six (6) months prior to the date of said expiration; and
• STAFF REPORT
Page 5 of 12
Runway Lakes II Plat
068-MP-91
Continued
4) Records a document acceptable to the CountyAttorney's Office to amend the
note on the face of the plat prior to April 1, 2003.
The note amendment must include language stating that any structure within this
plat must comply with Section IV D.1.f., Development Review requirements, of
the Broward County Land Use Plan, regarding hazards to air navigation.
The revised note must also include language stating the following:
A) If a building permit for a principal building for the additional 38,868
square feet of commercial use (excluding dry models, sales and
construction offices) and first inspection approval are not issued by
October 1, 2007, which date is five (5) years from the date of approval
of this request byBroward County, then the County'sfinding of adequacy
shall expire and no additional building permits shall be issued until such
time as Broward County shall make a subsequent finding that the
application satisfies the adequacy requirements set forth within the
• Broward County Land Development Code. The owner of the property
or the agent of the owner shall be responsible for providing evidence to
Broward Countyfrom the appropriate governmental entity,documenting
compliance with this requirement within the above referenced time
frame; and/or
B) If construction of project water lines,sewer lines,drainage,and the rock
base or internal roads have not been substantially completed by October
1, 2007, which date is five (5) years from the date of approval of this
request by Broward County,then the County's finding of adequacy shall
expire and no additional building permits shall be issued until such time
as Broward Countyshall make a subsequent finding thatthe application
satisfies the adequacy requirements setforth within the Broward County
Land Development Code. The owner of the property or the agent of the
owner shall be responsible for providing evidence to Broward County
from the appropriate governmental entity,documenting compliance with
this requirement within the above referenced time frame.
EA:AS
•
1
BROWS COUNTY PL, NING COUNQ�
n5 SOUTH AINDItEW$AVENUE.FOOM 307, FORT Tr3UDERDAU,F1,0RJDA 3330L
TO: Elliot Auerhahn,Director,Development Management Division
Broward County Department of Planning and Environmental Protection
FROM: Henry A. Sniezek,AICP,Director of Planning
RE: Delegation Request for Runway Lakes II Plat
(068-MP-91)City of Dania Beach
DATE: September 19, 2002
This memorandum revises our previous comments on the above referenced plat dated September 6,
2002.
Planning Council staff has reviewed the proposed revision to the restrictive note on the above
referenced plat.
The proposal is to change the restrictive note on the plat:
• FROM: This plat is restricted to 138,000 square feet of commercial use on the north 500 feet of
Parcel B and a lake on Parcel E and on the remainder of Parcel B.
TO: This plat is restricted to 176,869 square feet of commercial use on Parcel B and a lake
on Parcel E.
The Future Land Use Element of the City of Dania Comprehensive Plan is the effective land use plan
for the City of Dania Beach. That plan designates the area covered by this plat for the uses permitted in
the "Commercial' (i.e., the northern portion of Parcel B approximately 10.56 acres) and "Industrial'
(i.e., the southern portion of Parcel B approximately 3..08 acres.and Parcel E)land use categories.
The proposed commercial use located on that portion of Parcel B designated "Commercial' and the
lake on Parcel E are in compliance with the permitted uses of the effective land use plan.
Regarding the proposed commercial development on that portion of Parcel B designated "Industrial,"
Council staff has received written confirmation from the local government which states that the City
applied the provisions of its land use plan which pen-nits 20%of the area designated "Industrial'within
a flexibility zone to be used for commercial uses. Therefore, the proposed commercial development on
that portion of Parcel B designated "Industrial' is in compliance with the permitted uses of the effective
land use plan. Please note that the application of the "20% Flexibility Rule" would not be subject to
Policy 13.01.10 of the Broward County Land Use Plan as the subject parcel is located within the
designated"Urban Infill"area.
TELEPHONE;(994)337-6673 MX.0544 357-6W
• Li'.id tii'de1�'�1�Ipllrrf.w•�awud.A.�lAnduu
Page 7 of 12
Runway Lakes 11
September 19,2002
Page 2
HAS:LLH
cc: The Honorable Robert H. Chunn, Jr.,Mayor
City of Dania Beach
Ivan Pato,City Manager
City of Dania Beach
Laurence G. Leeds,Director,Growth Management Department
City of Dania Beach
•
•
Page 8 of 12
DATE: September 18, 2002
Via E-mail
TO: Annette Stravino, Development Management Division
FROM: David Daniels, Associate Planner, Mass Transit Division
SUBJECT: Delegation Request -
Mass Transit REVISED Comments for
(068-MP-91) Runway Lakes II
Mass Transit has an existing non-accessible bus stop (BCT Loc ID# 4981) located within
the Plat limits on SR 84. This stop is across the street from Secret Woods County Park.
Therefore, Mass Transit Division requests the following:
Sidewalk Requirements (Dedication/Easement)
Improve the existing bus stop by dedication/easement for the right-of-way for an approved
paved pedestrian access landing pad conforming with the provisions of the Americans
with Disabilities Act(ADA) for persons exiting or seeking to enter the bus, which should be
• constructed as follows: 60 feet long and 10 feet wide, a5 required by the Florida Building
Code and federal ADA requirements.
Sidewalk Requirements (Bond For and Construct)
Improve the existing bus stop by providing an approved paved pedestrian access landing
pad conforming with the provisions of the Americans with Disabilities Act (ADA) for
persons exiting or seeking to enter the bus, which should be constructed as follows: 60 feet
long and 10 feet wide, as required by the Florida Building Code and federal ADA
requirements.
Bus Shelter Requirements (Easement)
Provide a bus shelter easement near the existing designated bus stop,which should be a
minimum of 14'x 8'.
Notes:
This plat is currently served on SR 84 by BCT Route 84. There is an existing bus stop
(BCT LOC ID#4981) in front of this parcel.
Since this roadway improvement is located on a State Road, this must be approved and
permitted by FDOT. Contact 954-777-4383 for more information.
The applicant shall deliver title documentation and an executed deed or easement on a
form acceptable to Broward County. Right-of-Way deed and easements are processed
through the Engineering Division's Right-Of-Way Section. Standard forms available from
the Right-of-Way Section. Please contact Fred Rosa at (954) 577-4589 to obtain copies
of standard forms and for processing information. The executed deed or easement will be
t submitted to the County Attorney's office for approval. Engineering Division and Traffic
Engineering Division sign-off on a building permit application(s) will be held until the deed
or easement has been approved and scheduled for acceptance by the County
Page 9 of 12
Commission.
Mass Transit Division recommendations for this plat may be modified if significant
conflicts are identified by details included in the submitted construction plans.
Please call me at (954) 357-8351, if you have any questions. Thank you.
c: Spencer Stoleson, Senior Planner, Mass Transit Division
Mike Ronskavitz, Project Manager, Mass Transit Division
•
Page 10 of 12
ENVIRONMENTAL REVIEW AND COMMENTS REPORT
TO THE DEVELOPMENT MANAGEMENT DIRECTOR
Application: Delegation(amend note adding 38,869 sq.ft.of commercial uses)
File Number. 068-MP-91
Project Name: Runway Lakes U
Comments Due: 9/3/02
Development Type: Commercial(176,869 sq.ft.(Parcel B))
The Broward County Development Management Division has coordinated an environmental review for the submittal listed
above,and provides the following comments:
Wellfield Protection
This plat is not located in a wellfield zone of influence as described in the Broward County Wellfield Protection Ordinance 84-
• 60,as incorporated into Broward County Code of Ordinances,Chapter 27,Article XIII.
Surface Water Management
This plat is located in the City of Dania Beach and is under DPEP jurisdiction. Surface water management plans must meet the
criteria contained in Chapter 27-Article V of the Broward County Code of Ordinances. A surface water management license
from the Department of Planning and Environmental Protection will be required prior to any construction.
wastewater Review
Wastewater Plant: Hollywood
As of 06/02
Flow Data:
DPEP Licensed Capacity: 42.0000 MOD
12 Month Average Flow: 37.7300 MOD
Existing Flow Reserved by Building Permit: 0.9700 MOD
Total Committed Flow: 38.7000 MOD
Estimated Project Flow As Amended:
(for 38,869 sq.ft.of commercial uses) 0.0039 MOD
Biological Resources
Field examination of the site indicates that,at this time,there are no wetlands within the boundaries of the plat,therefore,e
Conceptual Dredge and Fill Review Report is not required. Based upon the present conditions within the site,filling of the
land area will not require an Environmental Resource License. Other activities such as lake or canal excavation regulated
under Article XI of the Natural Resource Protection Code,may require a license. The Applicant is encouraged to contact
DPEP at the earliest time to determine if,and what type of,a license may be required prior to undertaking surface disturbing
activities.
Applicant has been informed that proposed development contains or abuts water bodies or will be creating same. Excavation
or filling of lakes or canals is regulated under Article XI of the Natural Resource Protection Code and may require an
Environmental Resource License. Design criteria shall be in compliance with Section 27-337,which requires that lake slopes
be a minimum of 4:1 (H:V)to a depth of two(2)feet below the average dry season low water elevation as demonstrated by
water
Pagel 1 of 12
068-MP-91 _
Page 2
management district or county maps. Littoral areas should be constructed and designed to encourage the growth of native,
aquatic vegetation to improve filtration of runoff and to increase biological productivity per South Florida Water Management
District and Broward County surface water management requirements.
DPEP encourages all invasive exotic vegetation including Melaleuca,Brazilian-pepper,Australian pine and others as listed in
the Exotic Pest Plant Council's List of Florida's Most Invasive Species(the list is available from the Broward County
Department of Planning and Environmental Protection)to be removed during the development process. A management plan
may be necessary to control re-invasion of same.
Applicant has been informed that landscape material should not include any plants considered to be invasive of south
Florida's native plant communities. (The list of invasive plants is available at the Broward County Department of Planning
and Environmental Protection.)
Land Preservation Section Staff has reviewed the referenced plat and notes that the site is not included in the Conservation
Land,Green Space or Open Space Inventory. However,the referenced parcel is across SW 30a`Avenue from Green Space Site
#238. Currently,the owner of Site#238 is not a willing seller.
This plat is subject to the City of Dania Beach's Tree Preservation Code,for tree removal,relocation,and/or replacement.
Additional Comments Addressru .Certain Environmental Protection Actions Needingto be Tak n to Implement the Proiect
1. A DPEP Parking Facility License may be required for parking facilities. Contact DPEP's Air Quality Division for specific
license requirements.
e waters,excluding stormwater,will require DPEP review and approval prior to
2. Any discharges to ground or surfac
discharge.
3. A DPEP Environmental Resource License may be required for any activities regulated under Article XI of the Natural
Resource Protection Code. Contact DPEP's Biological Resources Division for specific license requirements.
4. The subject plat is in the vicinity of known contaminated sites and the following should be noted: For any site that
overlies or contains potential or actual sources of pollution to ground or groundwater,DPEP approval of an application
for a building permit or approval to construct or alter shall not be granted until DPEP is satisfied that the construction or
alteration will not interfere with the cleanup of the contaminants on site(Section 27-66(h)Broward County Code of
Ordinances]. It should also be noted that DPEP must approve any dewatering activities at the subject location.
Be advised that Delegation approval does not infer any approval to connect to any wastewater collection,treatment,or
disposal system. Nor does it infer that sufficient capacity will exist at time of Building Permit approval. Connections to such
systems are approved by the Broward County Department of Planning and Environmental Protection as a prerequisite to,and
just prior to,approval of Building Permits by the appropriate Building Department for any structures that are to be built on the
platted site. These comments do not indicate a waiver or approval of any license or permit that is,or may be,required for any
aspect of the project.
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d
By: off kehv*fft
t t +
_ •�
r
Broward County Department of Planning and Environmental Protection
Development Management Division
Application to Amend or Revise Level of Approved Development
INSTRUCTIONS:
This form Is used to apply for amendments or revisions to the current level of development previously approved.
For your application to be officially accepted for processing and scheduled for a County Conunisslon meeting,
You must complete this application in full. The owner/agent certification(on the reverse side of this form)must
be signed and notarized with the appropriate required documentation attached. Please print legibly in ink or type
on this application form.
PROJECT INFORMATION:
Plat/Project Name: .Runwa La e
Project Number. �j
of O" �� Plat Book—Page: 156-47 (if recorded)
Owner/Applicant: The Eooch Corporation Phone:_(305)445-2800
Address: 782 N.W. LeJeune Road,Suite 555 Miami FL 33126 _
Agent Leila Battles. Esa,
Contact Person: Leila Battles..Esa. Phone:_(305)755-5806 3
Address: Akerman Senterfitt One SE Third Avenue Miami FL 33131
Agent's E-maa Address:_Ibatties(cDakerman.com
a
• PROPOSED CHANGES:
Use the space below to provide the following information and clearly describe the proposed changes you are
requesting. Be sure to include the current level of development (Attached additional sheet if necessary)
Current Note for entire plat: This plat is restricted to 138,000 square feet of commercial
use on the north 500 feet Parcel B and a lake on Parcel E and on the remainder o
Parcel B.
Proposed Note for entire plat: This plat Is restricted to 176,869 square feet of commercial
use on Parcel B and a lake on Parcel E
Does the note change represent a change In Trips? Increase: X Decrease: No Change:
Does the note change represent a major change in Land Use? Yes No X
If there Is a question as to whether the note amendment represents a change: Trips,or whether it is considered
a major change in Land Use:please consult with Development Management Staff at 357-6668,
Estimate or state the total number of on-site parking spaces provided. SPACES: 596
Number of seats for any proposed restaurant or public assembly facility,
Including places of worship. SEATING: N/A
Number of students for a day care center or school. STUDENTS: N/A
If existing buildings will remain on the property attach an additional sheet describing the use(s)and square
footage of these buildings. ;
Are on-site wells for potable water and/or septic tanks currently In use or proposed? Yes No
If yes,see reverse side of this form for required letter from appropriate utility.
Have you contacted anyone In County Government regarding this request? Yea X No
If yes.indicate name(s): Evangeline G. Kalus _
Narrative explaining proposed changes in detail including the desired result,and justification for the request
(Attach additional sheet If necessary): The amendment to the Plat reflects zone change to B-
3 (commercial)for the subiect Property Pursuant to City of Dania Beach Ordinance
No.2002-033.
Please too the reverse side of this forte for Required Documentation and OwnedAgenl Codification.
IMten489:11
r
. REQUIRED DOCUMENTATION:
For major changes In Land Use and/or increases in DENSITY or INTENSITY which may include Trips,Students.
Square Footage,and Number of Dwelling Units,the following items must be submitted:
. Twenty-two(22)folded copies of the Plat
. Letter of approval from-the applicable municipality specifically stating the precise note language.
. A current letter is required from the appropriate utility service area stating the location of the closest
approved potable water system and/or sanitary sewer line and the exact distance to the property if on-
site wells for potable water and/or septic tanks are currently in use or are proposed.
. A check made payable to the Broward County Board of County Commissioners for the application fee.
Please consult the Development Permit Applicadon.Fee Schedule.
For decreases In Trips or no changes in Trips,the following items must be submitted
t
•
Five(5)folded copies of the Plat '
• Letter of approval from the applicable municipality specifically stating the precise note language.
• A check made payable to the Broward County Board of County Commissioners for the application fee.
Please consult the Development Permit Application Fee Schedule.
:i
OWNER/AGENT CERTIFICATION:
Slate of: Flo-Add, County of 41Xa�/�L�drl�
This is to certify that 1 am the owner/agent of the property described in this application and that all information
supplied herein is true and correct to the best of my knowledge. By signing this application,owner/agent
specifically agrees to allow access to the described property at reasonable times by County personnel for tho
purpose of verification of information provided by the owner/agent
Signature of ownerlagent:
Subscribed and sworn to before me an:1�t lT;Z, c�tTL�— by:
He/she is personally known to me or has presented as identification.
Notary Public Cv.
01
Tccwam r YP e or Print Name
e C a E. FZ YIt a2
* a Mr comet wl�
E'4"J".ie,1004 Commission Ne C et— g`i Pto'n
FOR DEVELOPMENT MANAGEMENT USE ONLY:
Time: C'3:tr pb_ Application Date: > Z�S Acceptance Date:
Comments Due: �� Z Drag Report Data: C.C.Mtg.Date:
L—r �Z {
�T— <
Fee$ C- Plats f�❑City,Letter ❑ Agreements
❑ Other Attachments(describe): LU—[l Uti _
Title of Request:
i•
Distribute to: ❑Planning Council ❑ Planning Services
❑ Land Use&Permitting ❑School Board ❑ Zoning Code Services
❑ Other ❑Other or, l' Full Review
Comments:
i
Received by: '
as.'•an.•:v>u�as:'r L.raz;. ....:i s .. .._�.:; ^5'x.z:�:
(M1822489:1) 2
�°
AUU-14-ZUUZ U4:iIVM M - 1-411 Y.UUMUZ h-M
r
o RORIDA
August 13.2002
A TES D -WERX
Ms.Evangeline G.Isalus
Senior Plututar
_ BMWWd comity
Deparixncnt of planning said Environmental Protection
115 S. Andrews Avenue,Room A240
Ft.Laaderdsle,PL .33901
Re: The Epoch Corporation ("Epoch")
Application to Riaend Note ots plat Keow n as RunWap Lakes IX," Record:d
at Plat 8oa.1t 156,Page 47
Dear Ms.Kal>ls:
Please bo advised that the City of Dania Beach has no objection to the application fi ed
by Epoch Corporation to amend the note.on the above•reforcrnced plat as follows:
38,000 square feat of commercial
F�® his north S1u is 0Q fee of P=a B cted to land a lake an parcel E and on the use
c of
n
Parcel B.
To; This plat is restricted to 176,869 square feet of commercial use on Pa cel
B and a lake 0 Parcel E.
The proposed wnandtnent is consistent with the site plan for development apprOvet.by
or
the City of Dania Beach under Ordin=e No. 2002.033. Should you have any q
concerns,please do not hesitate to contact me directly.
Very truly yours.
Liurence Leeds,AICP
Director,Growth Manageracat Depa=-nt
cc: Mr.Antonio J. Cabrera, Jr.
® Leila Battics,Esquire
.............., •n.w.nwP.juror('ink'
BF , N
RD
CANTY
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION-Devebp�Mana9emerd Division
Governmental Center Annex 115 S.Andrews Avenue.Room A240•Fort Lauderdale,Florida MWJ •954-W-6666•FAX 954.357-6521
August 14, 2002
City Planner
City of Hollywood
2600 Hollywood Boulevard
Hollywood,FL 33022
Re: Municipal notification of a delegation request to amend the note on a plat adjacent to the
city limits: Runway Lakes II (068-MP-91)
Written comments must be received on or before Se tePnber 3 2002
Dear Planner:
As per Broward County Commission Policy effective March 24, 1998, we are forwarding a copy
of an application for a delegation request to amend the note to all municipalities that are
® adjacent to the plat.
Enclosed is a copy of the above referenced application.
If your municipality desires to comment on this application, the comments must be in writing and
received at the Development Management Division on or before the above referenced date.
Any written comments received will be forwarded to the applicant along with the comments from
other agencies reviewing the application.
If you have any questions, please contact Patricia Gull at (954)357-6640.
Sincerely,
Elliot•Ai ertiahn, Diredtbr '
Development Management Division
Broward County Board of County Cornmisaloners
Josephus Eggeiletion.Jr.-Ben Grabor-Sue Gumbwycr'Kris&D. Nanom
Pn �rsh•' E.Rodstrom.Jr.-James A.Scow'Diana W�
www.broward.orgldpep
ARD
® ° COUNTY
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION-Development Management DNWW FAX 954-357-6521
Govemmental Center Annex • 115 S.Andrews Avenue,Room A240•Fort Lauderdale,FWda 33301•954-W-6666
August 14, 2002
City Planner
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, FI.33301
Re: Municipal notification of a delegation request to amend the note on a plat adjacent to the
city limits: Runway Lakes 11 (068-MP 91)
1�ritten comments must be received on or before Se ternber 3 2002
Dear Planner.
As per Broward County Commission Policy effective March 4, 19allm8, w pre hat forwarding
ories ardi g a copy
of an application for a delegation request to amend
re
adjacent to the plat.
Enclosed is a copy of the above referenced application.
If your municipality desires to comment on this application, the comments must be in writing and
received at the Development Management Division on or before the above referenced date.
An written comments received will be forwarded to the applicant along with the comments from
y other agencies reviewing the application.
If you have any questions, please contact Patricia Gull at (954)357-6640.
Sincerely,
Elliot Auerhahn, Director
Development Management Division
in
Broward County Board or county Commiss +ems
s Eggailetion,Jr.•Ben Grabor•Sue GuMburgar.KrtsM D.Jacobs•Mane Lleborman•Lori Nano Porrkh•John E.Rodstrom,Jr. James A Scutt•Dfana Wassem
Jose
�,,, W W W.broward.orgldpep
BKP#�NARD
COUNTY
_ rat Management DMslon -6521
1 A D Andrews Avenue,Roam •Fort Lauderdale.Florida 33301 ' 'FAX 954,W
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION-Devebprr>e
Governmental Center Annex '
August 14, 2002
Town Planner
Town of Davie
6591 Orange Drive
Davie, FL�3314
' al notification of a delegation request to amend the note on a plat adjacent to the
Re: Municip
city limits: Runway Latices II (068-MP-91)
Written co
mments must be received on or before September 3 2002
Dear Planner:
oward County Commission Policy effective March e o'al9rnsunic palities thatlarea copy
® As per Br uest to amend the n
of an application for a delegation request
adjacent to the plat.
Enclosed is a copy
of the above referenced application.
desires to comment on this
application, the commen
if your municipality d ts must be in writing and
gement.Division on or before the above referenced date
received at the
Development Mana
.
merits received will be forwarded to the applicant along with the comments from .
Any written corn the application.
other agencies reviewing PP
If you have any questions, please contact Patricia Gull at (954)357-6640.
Sincerely,
Elliot AuerhDevelopment
M
Developmeanagement Division
®
Director
8roward County
Board of County Commiss E. .Jr. James A.scon•oiaw W" n-Rubn
JoaePtws Eyyal{elion.Jt.•Ban Gno+r.Sua Cunzbur9W•Kristin D..tawtrs•Mrio a Lpbwmm•Lori Nwm Parrish
yrww.tx'oW -org/dPeP
09/.30/2002 08:21 954357 21 DEVELOPMENT M, .i DIV PAGE 03/03
r
"FWAVIT OF APPLICANT
Z, L 9164 bA 771 ES being duly sworn deposes and says that:
(1) I have reviewed the stkff report relating to the IZ4/N Y'A`/ G K.
Plat and hereby state that I concur with the findings and recommendations set forth within said report.
(2)Z have the authority as agent of the applicant to make such representations.
FURTHER AFFIANT SAYETH NAUGHT
L-614 . .BA'1rIES
Print name
AkAC NOWLEDGMENT
STATE OF � 0►�-dc�C�-- )
)SS.
COUNTY OF rb )
The foregoing instrument was acknowledged before me this 36 day of
20_0�--, by^ 6-_QV La o-�i 2 S _ who is
(�personally known to me or [ ) produced identification
Type of identification produced
NOTARY PUBLIC:
(Seal)
Blanca E Femsndez •�'
A*My commission cc64807 Print Name:
,rNN�• 8ppir-nJuns30%2004
AGENDA REQUEST FORM
CITY OF DANIA BEACH
0
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 25, 2003
2. DESCRIPTION OF AGENDA ITEM: APPROVAL AGREEMENT REQUEST
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, Epoch Corporation (Marina Mile Office Business Park), 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: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff
Submitted by:
Laurence G. Leeds,AICP, Director Date March 24,2003
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
�—
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: March 25, 2003 City Commission Meeting
RE: Resolution authorizing the City Commission to
Execute an Interlocal Agreement between the City,
Broward County, and Epoch Corporation Regarding
Completion of Off-Site Traffic Improvements (Marina
Mile Office Business Park)
Broward County now requires that cities be signatories to developer agreements
relating to the construction of off-site improvements required by Broward
iCounty.
This particular agreement requires the developer of Marina Mile Office Business
Park to construct sidewalk and bus shelter improvements along State Road 84.
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
Senterfitt
ATTORNEYS AT LAW
Boca Raton One Southeast Third Avenue
Fort Lauderdale 28th Floor
Jacksonville Miami,Florida 33131-1714
Miami
Orlando www.akerman.com
Tallahassee 305 374 5600 tel 305 374 5095 fax
Tampa
West Palm Beach
Leila M.Jackson Batties
305 755 5806
lbatties@akerman.com
March 21, 2003
VIA HAND DELIVERY
Mr. Larry Leeds
Growth Management Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33044
Re: The Epoch Corporation/Marina Mile Business Park, LLC
Installation of Required Improvements Agreement
As a follow up to our discussion yesterday afternoon, enclosed please find the Installation
of Requirement Improvements Agreement required by Broward County in connection with the
development of the Marina Mile Business Park, and the staff report for the project from Broward
County. The agreement has been executed by Marina Mile Business Park and Union Planters
Bank, as mortgagee; the original signature pages are attached. In order for the agreement to be
accepted and approved by Broward County, page 14 of the agreement must be executed by the
Mayor, City Manager, and City Attorney. Under the agreement, the City of Dania Beach may
not issue building permits for the Marina Mile Business Park project until the City receives
confirmation that the required transit improvements have been approved by the County, and the
City may not issue any certificates of occupancy for the project until the completion of the
improvements.
We respectfully request that the City's approval of the agreement be scheduled for the
March 25th City Commission meeting. I will be unable to attend the meeting. However, Mr.
Antonio Cabrera and Carlos Ballbe, the engineer for the project, will attend the meeting. Please
return the original executed agreement to them.
{M1910652;11
Mr. Larry Leeds
March 21, 2003
Page 2
•
Thank you for your considerate attention to this matter. As always, please do not hesitate
to contact me if you have any questions or concerns.
Very truly yours,
Leila M. Jackson Batties
LMJB/bf
Enclosure
cc: Thomas Ansbro, Esq.
Mr. Antonio J. Cabrera, Jr.
Carlos Ballbe, P.E.
Juan J. Mayol, Jr., Esq.
f M 1910652;1)