HomeMy WebLinkAboutO-2002-007 ORDINANCE NO. 2002-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE "TIGERTAIL
LAKE LEASE AND LICENSE AGREEMENT" EXECUTED JUNE 28,
2000, WHICH LEASE EXISTS BETWEEN THE CITY AND BROWARD
COMMUNITY COLLEGE ("BCC"), PERTAINING TO A PARCEL OF
LAND LOCATED WITHIN THE AREA KNOWN AS TIGERTAIL LAKE
PARK, INCLUDING A LICENSE FOR NON-EXCLUSIVE USE OF THE
LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY
DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE
EXECUTION OF THE AMENDMENT TO THE "TIGERTAIL LAKE LEASE
AND LICENSING AGREEMENT" BY THE APPROPRIATE CITY
OFFICIALS; AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF
BCC TO ENTER INTO AN "OWNER'S AGREEMENT" TO ALLOW FOR
THE PROVISION OF WATER SERVICE TO FACILITIES AUTHORIZED
TO BE CONSTRUCTED BY BCC; PROVIDING FOR CONFLICTS,
PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach and Broward Community College ("BCC")
entered into a the "Tigertail Lake Lease and License Agreement" dated June 28, 2000,
in the form and content as attached to this ordinance and marked Exhibit "B", granting
BCC a non-exclusive license to use all of the Lake; and
WHEREAS, BCC has requested that the City agree to amend Paragraph 10 of
the Lease Agreement, pertaining to the provision of water service to BCC by Broward
County, Florida; and
WHEREAS, the City of Dania Beach is willing to authorize the District Board of
Trustees of BCC to enter into an "Owner's Agreement" with Broward County, a copy of
which Agreement is attached to this amendment as Exhibit "C", with full authority of the
City to enter into it, to allow for the provision of water service to the facilities authorized
to be constructed by BCC;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, THAT:
Section 1. That that certain Amendment to "Tigertail Lake Lease and License
Agreement existing between the City of Dania Beach, as Landlord, and Broward
Community College, a Florida corporation, as Tenant, and covering a parcel of land
ORDINANCE NO.: 2002-007
located within Tigertail Lake Park, an unexecuted copy of which is attached and made a
part of this ordinance as Exhibit "A", is approved.
Section 2. That the proper City Officials are authorized and directed to execute the
Amendment to the "Tigertail Lake Lease and License Agreement" existing between the
City of Dania Beach, as Landlord, and Broward Community College, as Tenant;
provided, however, that the City Manager and City Attorney are authorized to make
minor modifications to the form of the Amendment if such are in the best interest of the
City.
Section 3. If any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED on first reading on this December 11th, 2001.
Ift
PASSED AND ADOPTED on second reading on February 26th, 2002.
•
PATRICIA FLURY"
MAYOR — COMMISSIONER
ATTE ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JOH ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
r A
BY:
THOMASJJ.VANSBRO
CITY ATTORNEY
• 2 ORDINANCE NO.: 2002-007
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Thomas J. Ansbro, Esq.
WEISS SEROTA EELFMAN
4 PASTORIZA & GUEDES, P.A.
3107 Stirling Rd., Suite 300
Ft. Lauderdale,FL 33312
(954) 763-4242
AMENDMENT TO "TIGERTAIL LAB LEASE AND LICENSE AGREEMENT"
MSTING BETWEEN CITY OF DANIA BEACH AND 13ROWARD COUNTY
CONTAUNrl7Y COLLEGE
This is an Amendment to the Lease and License Agreement identified above ("the
Amendment', which Amendment is entered into on 2— , 4Go i- This is an
Amendment to the Agreement first identified above, w ch Agreement presently exists
between the City of Dania Beach, Florida, a municipal corporation (the "City' and
Broward Community College ("BCC"). The Agreement is dated June 28, 2000 (the
"Agreement").
The City and BCC wish to amend the Agreement, due to a request received by the
City from BCC, pertaining to the provision of water service to BCC by Broward County,
Florida. The Ci authorized execution of this Amendment pursuant to an ordinance,
adopted on - 2002.
In consideration of the mutual covenants, terms and conditions contained in this
Amendment and other good and valuable consideration, the adequacy and receipt of
which are aclmowledged, the parties agree as follows:
I. Paragraph 10 of the Agreement, which paragraph is entitled "Utilities", is
amended to add the following provision:
AGENOA ITEM City authorizes the District Board of Trustees of BCC to enter into
an "Owner's Agreement", a copy of which is attached to this Amendment,
MAR 2 7 2002 with full authority of the City to enter into it, to allow for the provision of
water service to the facilities authorized to be constructed by BCC, as
ENCLOSURE —__,—provided in paragraph 4 of this Agreement.
2. All other terms and conditions of the Agreement, except as amended by this
Amendment, shall remain in full force and effect.
3. In the event of any conflict between.any provision of the Agreement and any
provision in this Amendment, the parties agree that the provisions of this Amendment are
controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first above written.
CITY OF DANIA BEACH FLORIDA
ATTEST: BY:
Mayor- Commis, er
j
BY: BY.
Charlene Johnso4�i, ity Clerk �.- Ivai�Pato, City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
BY:
Thomas J.i, ssbro, City Attorney
Signed, sealed and delivered BROWARD COUNTY CON A UNITY
in the presence of: COLLEGE
BY: BY: WILLIS NOLCOMIF
fitness (Print or Type Name)
Print Name (Signature)
BY: AS ITS:
?PFS10EN T
Witness (Title)
Print Name
AGENDA ITEM
MAR 2 7 2002
cNCLOSURE
2
STATE OF FLORIDA
COUNTY OF BROWARD
• The foregoing instrument was acknowledged before me on
200'L by I L' I t r's 1 c a-,z�l� e as its (fir �i�ZC� on behalf of
Broward County Community College. is personally known to me or has
L produced as identification and did (did not) take an oath.
(NOTARY SEAL)
My Commission Expires:
e
•
• AGENDA ITEM
MAR 2 7 2002
ENCLOSURE
3
AM
FLORIDA
March 11, 2002
Mr. Tony Stallworth
Broward Community College
225 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
RE: AMENDMENT TO THE TIGERTAIL LAKE LEASE AND LICENSE
AGREEMENT
Dear Mr. Stallworth:
Please find enclosed herewith three originals of the Amendment to the
"Tigertail Lake Lease and License Agreement" passed at the City Commission
• meeting on February 26, 2002, to be signed and notarized by the Broward
Community College officials on page two and three respectively. Upon
execution, please complete the date on the first page of the Agreement and
return one original for our records. Also attached you will find a copy of
Ordinance No. 2002-007 dated February 26, 2002.
Thank you for your assistance in this matter. If you have any questions,
please contact me at 954-924-3622.
Sincerely,
harene oh on
City Clerk
CJ/mn
Enclosures
•
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Thomas J. Ansbro, Esq.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
3107 Stirling Rd., Suite 300
Ft. Lauderdale,FL 33312
(954) 763-4242
AMENDMENT TO "TIGERTAIL LAKE LEASE C�ANDICENSE BROWA.RD COUNTYAGREEMENT"
EMSTING BETWEEN CITY OF
COLLEGE
This is an Amendment to the Lease and License Agreement identified above ("the
.2001. This is an
Amendment"), which Amendment is entered into on Bement presently exists
Amendment to the Agreement first identified above, which Agr P Y
between the City of Dania Beach, Florida, a municipal corporation (the "City") and
Broward Community College (`BCC"). The Agreement is dated June 28, 2000 (the
"Agreement").
The City and BCC wish to amend the Agreement,
gm ervide to BCC by Broward County,
• City from BCC, pertaining e to a request received by the
to the provision of water
Florida. The City authorized execution of this Amendment pursuant to an ordinance,
adopted on 12002.
In consideration of the mutual covenants, terms and
d conditions containe the adequacy and reds pt of
in this
Amendment and other good and valuable consideration,
which are aclmowledged, the parties agree as follows:
1. Paragraph 10 of the Agreement, which paragraph is entitled "Utilities", is
amended to add the following provision:
City authorizes the District Board of Trustees of BCC to enter into
an"Owner's Agreement", a copy of which is attached to this Amendment,
with full authority of the City to enter into it, to allow for the provision of
water service to the facilities authorized to be constructed by BCC, as
provided in paragraph 4 of this Agreement.
2. All other terms and conditions of the Agreement, except as amended by this
Amendment, shall remain in full force and effect.
3. In the event of any conflict between any provision of the Agreement and any
provision in this Amendment, the parties agree that the provisions of this Amendment are
• controlling.
EXHIBIT "All
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: BY.-
Mayor- Commis er
BY: BY
Charlene Johlot--rk Iv-i ''ato, City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
BY:
Thomas J.IAia ro, City Attorney
Signed, sealed and delivered BROWARD COUNTY COMMUNITY
in the presence of: COLLEGE
BY: BY:
.Witness (Print or Type Name)
Print Name (Signature)
By: AS ITS:
Witness (Title)
Print Name
2
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on on behalf of
2001, by , as its
Broward County Community College. is personally known to me or has
produced
as identification and did(did not) take an oath.
(NOTARY SEAL)
My Commission Expires:
i
3
Pr
Y'
CITY OF DANIA BEACH
MEMORANDUM
TO: Ivan Pato, City Manager
Bud Palm, Public Works/Utilities Director
cc: Charlene Johnson, City Clerk
John Latona, Esq., Attorney for BCC (Amendment & Memorandum only)
FROM: Tom Ansbro, City Attorney
DATE: December 4, 2001
RE: Proposed Amendment to "Tigertail Lake Lease and License Agreement"
Existing Between City of Dania Beach and Broward County Community
College; City Authorization to BCC to enter into an "Owner's Agreement" with
Broward County (to Provide for BCC Water Service)
Attached is a draft of the referenced Amendment and the "Owner's Agreement".
Pursuant to BCC's request, we are assisting the college in its effort to obtain water services
from the County (waste-water is to be treated by a septic tank system). By copy of this
memorandum, I am asking Bud Palm to review the County Agreement provisions I have
indicated, to confirm that the City can proceed to allow BCC to go forwarde are an iechniacal or
t
County water service as the County's form agreement provides. If ther y
legal concerns, please advise me as soon as possible.
By copy of this memorandum, I am also confirming my request to the City Clerk to
proceed to agenda this for City Commission approval for the December 11, 2001 City
Commission meeting. Although in my opinion it is not required by the Charter, I know Mr.
Mikes is concerned with precedent. Therefore, an ordinance authorizing execution of the
it if you or
amendment (rather than a resolution) can be prepared.
r theaHPmaneeSociety leasehamendment '
Clerk-
so requests (or she can adapt the format used
possibly from this past spring).
TJA:slw
566.001
Attachments
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P•A-
ATTORNEYS AT LAW
• BROWARD OFFICE JOHN R. HERIN, JR.
NINA L. BONISKE SUITE 300 CHRISTOPHER F. KURTZ
3107 STIRLING ROAD, PETER A. LICHTMAN
JAMIE ALAN COLE .
EDWARD G. GUEDES FORT LAUDERDALE, FLORIDA 33312 KAREN LIEBERMAN`
STEPHEN J. HELFMAN MATTHEW H. MANDEL
GILBERTO PASTORIZA BERNARD S. MANOLER•
JAMIE ALAN COLE ALEXANDER L. PALENZUELA-MAURI
JOSEPH
RICHAR H AY WEI A
RICHARD JAY WEISS MANAGING SHAREHOLDER-BROWARD OFFICE ANTHONY L. REC10
a. DAVID M. WOLPIN GARY 1. RESNICK•
STEVEN W.ZELKOWITZ (954) 763-4242 NANCY RUB(N•
TELEPHONE DANA S. SCHWARTZ
T£LECOPIER (954) 764-7770 GAIL D. SEROTA•
WWW.WSH-FLALAW•COM ARI C. SHAPIRO
THOMAS J. ANSBRO•
LILLIAN ARANGO DE LA HOZ• MIAMI-DAOE OFFICE JEFFREY P. SHEFFEL
ALISON S. BIELER 2665 SOUTH SAYSHORE DRIVE • SUITE 420 FRANCINE THOMAS STEELMAN
MITCHELL A. BIERMAN MIAMI, FLORIDA 33133 NANCY E. STROUD•
MITCHELL J. BURNSTEIN SUSAN L. TREVARTHEN
TELEPHONE (305) 854-OBOO • TELECOPIER <305) H54-232 CARMEN 1. TUGENDER
ELAINE M.COHEN
DOUGIA DANIEL A.WEISS•
S R. GONZALES
'OF COUNSEL
GERALD T. HEFFERNAN•
December 4, 2001
VIA FACSIMILE AND U.S. MAIL ,
John Latona, Esq.
• Latona &Isenberg
315 SE 7' St. Suite 301
Ft. Lauderdale, FL 33301
Re: Amendment to "Tigertail Lake Lease and License Agreement" E-�asting
Between City of Dania Beach and Broward County Community College; City
�j Authorization to BCC to enter into an "Owner's Agreement" with Broward
County (to Provide for BCC Water Service)
Dear Mr. na:
t from me to Ivan Pato, City Manager and Bud
Enclosed please find a memorandum yen
raft
Palm, Public WorksJUtilities Director for the City -Approval Bis tentatively enclosedeach. Also heduled for the
Amendment regarding the above-referenced matt
December 11 2001 City Commission meetin (the first reading of the authorizing ordinance).
Sincerely,
Thomas J. Aasbro
® TIA:slw
566.001
Ivan Pato, City Manager (no enclosures)
Bud Palm, Public Works/Utilities Director (no enclosures)
Charlene Johnson, City Clerk (no enclosures)
Public Works Department-Office of Environmental Services
Environmental Engineering Division
2555 W. Copans Road
BROWARD COUNTY Pompano Beach, FL 33069
(954) 831-0745 - FAX (954) 831-0798/0925
STATEMENT OF CHARGES - Number 1
To: District Board of Trustees, BCC
Address: 225 East Las Olas Blvd. Fort Lauderdale, FL 33301
Project Title: BCC-Ti ertail Water Sport Complex
OES Project Number,. Development Coordinato Lech Nagoda
AGENDA ITEM _
Engineering Consultant: Miller Legg and Associates
AUG 2 9 2001
Estimated Project Cost(PC): ---------------------------------------------------- $ 39,924.00
ENCLOSURE ---
Water-%of PC= 100.0 Water Cost .... $ 39,924.00
Sewer=%of PC= 0_0 Sewer Cost .... $ 0.00 '
A) Plan Review Fee(P.C.x 2.5% , $250.00 Minimum) (L ($882.63 p viously paid.)$ 115.47
B) Project Inspection Fee ..............$ NIA
C)Water Capital Recovery Charge( ERU @$893.00/ERU)...................................:.......$ N/A
D)Sewer Capital Recovery Charge( ERU @$1576.00/ERU)............................................... N/A
E)Inspection Overtime Payment(0.0 hours @$35.00fhour).....................................................$ NIA
115.47
Total Amount Due: S
Approve
Date: �' 7
.= Lech Nagoda
TL � gzU- G �
-
-o 6eQ // S-.
The above charges are based upon the Retail Water and Wastewater Rate Schedufeapprbv6d by
the Broward County Board of County Commissioners.
Control form 200-008
Revised 10192 I
Form completed by LN NIA means not applicable at this time. ^ 4"!
File 2018SC1
BROWARo couNIWBOARO of coutm comm(SSIONERS—M Equal Oppoduntty E21210'yw end Provider of SenAces
Joseprxa Eooeset�or,Jr. Bon ckcbe( Suzom xx
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vrat uc on the Infemet www.tKoward.org
i ORDINANCE NO. 2000-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA,APPROVING EXECUTION OF A LEASE AND LICENSE
AGREEMENT BETWEEN THE CITY AND BROWARD COMMUNITY
COLLEGE ("BCC'), PERTAINING TO A PARCEL OF LAND LOCATED
WITHIN THE AREA KNOWN AS TIGERTAIL LAKE PARK, INCLUDING A
LICENSE FOR NON-EXCLUSIVE USE OF THE LAKE WITHIN TIGERTAIL
PARK ("LAKE-) MORE PARTICULARLY DESCRIBED IN THE LEASE;
AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE AND
LICENSING AGREEMENT BY THE APPROPRIATE CITY OFFICIALS;
PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, THAT:
Section 1. That that certain Lease and License Agreement between the City of Dania
Beach, as Landlord, and Broward Community College, a Florida corporation, as Tenant,
and covering a parcel of land located within Tigertail Lake Park, including a license for the
non-exclusive use of the lake within Tigertail Park and more particularly described in the
Lease and License Agreement, an unexecuted copy of which is attached and made a part
of this ordinance as Exhibit"A", is approved.
Section 2. That the Mayor is authorized and directed to execute the Lease and License
Agreement between the City of Dania Beach, as Landlord, and Broward Community
College.
Section 3. If any section,clause,sentence or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED on first reading on this 13`h day of June, 2000.
• -1- ORDINANCE NO. 2000-025
• PASSED AND ADOPTED on second reading on this 27`h day of June, 2000.
' .K:-MCELYEA
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHER L CHA`PMA COMMISSIONER ETLING —YES
ACTING CITY CLERK COMMISSIONER MIKES- YES
APPROVED AS TO FORM ND CORRECTNESS:
BY:
THOM J. AY4SBRO
CITY ATTORNEY
•
-2- ORDINANCE NO. 2000-025
TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT
•
THIS TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT ("Lease") made and
entered into this 28th day of June 12000, by and between CITY OF DANIA
BEACH, a Florida municipal corporation, hereinafterreferred to as the "City" and BROWARD
COMMUNITY COLLEGE, hereinafter referred to as "BCC".
WITNESSETH:
WHEREAS,the City presently owns and operates the property known as Tigertail Lake Park
for the benefit of the citizens of Broward County, Florida, which is more particularly described in
Exhibit "A" attached hereto ("Tigertail Park"); and
WHEREAS,the City acquired Tigertail Park from Broward County under an agreement and
quit claim deed dated June 29, 1993, subject to certain restrictions contained therein and subject to
an existing lease between Broward County and BCC dated July 12, 1983; and
WHEREAS,BCC and the City desire to enter into a new long term lease for a parcel of land
located within Tigertail Lake and a license for the non-exclusive use of the lake within Tigertail Park
("Lake");
• NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties do hereby consent and agree as follows:
. 1. Leased Premises: City hereby leases to BCC the real property more particularly
described in and attached as Exhibit "A" ("Leased Premises"), pursuant to terms and conditions
hereof.
2. License: City hereby grants to BCC the non-exclusive license to use all of the Lake.
3. Ingress and Egress: The City also grants to BCC the non-exclusive rights of ingress
and egress from Anglers Avenue to the Leased Premises along roads and sidewalk designated by
City as public thoroughfares in and around Tigertail Park as well as the non-exclusive rights of
ingress and egress to and from the Lake from the surrounding shore of the Lake to conduct its
activities and for purposes of maintaining the Lake.
4. Construction of Conference Building, Boathouse and Other Auxiliary Facilities:
BCC agrees to design and construct on the Leased Premises a conference building,a boathouse and
storage building,parking lot and other auxiliary facilities that support the instructional,recreational
and community related activities available to BCC students, faculty and staff as well as the general
public. All construction shall comply with the following conditions:
•
t
(a) Construction of the improvements shall conform to the State Uniform
Building Code for Public Educational Facilities Construction promulgated pursuant
to Florida Statutes Section 235.26 and amendments thereto as well as by any other
governmental authority having jurisdiction over the nature and content of the
improvements to be constructed upon the Leased Premises and BCC shall obtain all
necessary approvals and permits required by applicable governmental authorities.
However, notwithstanding the foregoing, site plan elements (signs, parking,
elevations,. landscaping, etc.) shall be. subject to approval by City for the
improvements to be constructed as well as future improvements, if any.
(b) After commencement of construction,BCC agrees to carry such construction
through continuously and with due diligence through completion in accordance with
the plans and specifications approved by the appropriate governmental authorities.
City grants to BCC a non-exclusive-easement over, under, on and through that portion of
Tigertail Park previously designated as Utility Easement and described in attached Exhibit "C" for
BCC to install, construct, operate, use,.maintain and repair and replace electric service, drainage
improvements and irrigation improvements to serve the Leased Premises.
5. Use ofteased Premises and Lake: BCC shall only use the Leased Premises for
instructional,recreational and community related activities and programs available to BCC students,
faculty and staff as well as the general public. The Leased Premises shall be under the sole control
of BCC during the term of this Lease;however,BCC shall only have non-exclusive use of the Lake.
The City shall give BCC notice of any permits granted by the City to third parties to use the Lake.
The City shall retain the use of the Lake and the right to grant other licenses to use the Lake so long
as such other licenses do not unreasonably interfere with the use of the Lake by BCC. BCC agrees
not to use the Leased Premises for any other purpose than those set forth above without the prior
written consent of City.
6. Term: This Lease shall be for a term of forty(40)years commencing July Z, 2000
and terminating on such date forty (40) years thereafter. .Subject to the terms and conditions
contained herein, the parties hereto shall have the right to mutually agree for an extension of this
Lease or terms and conditions as are deemed appropriate.
7. Rent: In lieu.of rent and as part of the consideration hereof,BCC agrees to provide a
college level watersports program readily available to the citizens of the City utilizing the facilities
to be constructed in accordance with Paragraph 4 above and to staff watersports programs for
regularly,scheduled community service sailing, canoeing and wind surfing classes for City adult
residents. These classes will continue to be offered to all Broward residents and shall be scheduled
several times during each week of classes. Also, the BCC facilities shall be available to various
community groups and public service organizations on a regular scheduling basis as reasonably
determined by BCC.
2
8. Further Consideration: As further consideration for the granting of this Lease and
license, BCC agrees to convey at the time of the execution of this Lease all of its right, title and
• interest in and to the existing building previously constructed or used by BCC and located at the
southeast corner of the Lake. BCC shall also allow public parking in the parking facilities of BCC
within the Leased Premises for those using the Lake facilities or other facilities of City around the
Lake on a space available basis. Further, BCC agrees to charge the same fees for any resident of
City as it charges to BCC students for any of its programs or activities open to the public or
otherwise available to City residents.
9. Net Lease: Except as otherwise provided in this Lease,this Lease is an absolute net
lease and BCC hereby assumes and agrees to pay and perform all payments, expenses, duties and
obligations in relation to the Leased Premises, the improvements thereon or to be constructed and
appurtenances thereto, and the use, maintenance and operation thereof, whether such duties and
obligations would otherwise be construed to be those.of City or BCC, so that no matter from what
source arising, if anything shall be required to be done in, upon or about the Leased Premises, the
improvements thereon onto be constructed thereon or appurtenances thereto,the same shall be done
and fulfilled at the sole expense and.responsibility of BCC, without any expense, liability or
obligation whatsoever to or on the City,except for such obligations as are expressly assumed by City
herein, if any.
10. Utilities: BCC covenants that it will promptly pay for all gas,water,electricity,trash
and sewage disposal, and all other utilities used in connection with the Leased Premises during the
term of this Lease.
11. Taxes: Throughout the term of this Lease, in the event any real estate taxes or other
charges or assessments are levied against the Leased Premises or the leasehold by any governmental
authority, BCC agrees to pay same prior to any said taxes or assessments become delinquent and
shall provide evidence of payment of same to City.
12. Equipment: BCC agrees to provide all necessary equipment needed for its programs
and such equipment shall at all times remain the property of BCC. BCC agrees to insure said
equipment for fire, theft, vandalism and liability as a result of personal injury caused by said
equipment.
13. Maintenance and Repairs of Leased Premises: The Leased Premises, all
improvements, now or hereafter existing on the Leased Premises, both exterior and interior, and
.equipment located thereon, shall at all times be maintained in good, serviceable, neat, clean and
presentable condition,all at the expense of BCC, it being an express condition of this Lease that the
same be kept in an attractive manner at all times.
14. Maintenance of Lake: During the term of this Lease,BCC will provide the necessary
aquatic weed control and maintenance of Lake and its banks. The City will pay one-half the cost of
such control and maintenance. BCC will also maintain and repair any existing fencing.
3
15. Maintenance and Repair by City: City will continue to provide grounds maintenance
for® Tigertail Park except for the Lake, the Leased Premises or as otherwise is specifically the obligation of BCC under the terms of this Lease. City agrees not to plant any trees on the southern
and eastern banks of the Lake if such plantings would significantly interfere with the prevailing
winds and consequently, with sailing activities on the Lake.
16. Insurance:
BCC agrees to provide public liability insurance on the structure and surrounding area.BCC
accepts responsibility for all participants in BCC's watersports program and related activities
including students, community service students, visitors, guests and community groups utilizing
BCC's facilities and activities. BCC as a self-insured State supported entity, will provide
self-insurance coverage in the amount of$100,000.00/$200,000.00.
17. Security: BCC reserves the right to fence the Leased Premises and otherwise provide
for the security of any buildings and personal property located on the Leased Premises. BCC shall
have the right to promulgate reasonable rules for those participating in its programs and utilizing the
Leased Premises and the Lake.
18. Construction Liens: BCC shall not suffer,create or permit any construction liens or
other liens to be filed against the Leased Premises or the Lake by reason of any work,labor,service
or materials supplied or claimed to have been supplied to BCC. BCC shall comply with all bonding
® requirements (including the obligation for replacement surety bond if necessary) and construction
laws for public entities, including but not limited to, proper payments and dispute resolution
procedures under Chapter 218 of the Florida Statutes. BCC shall indemnify City against all claims
from whatever source from all lienors or other claimants for any work, labor, service or materials
supplied or claimed to have been supplied to BCC. Further, the parties acknowledge that as public
entities under the current construction law statute of Florida, City is not subject to the filing of
construction liens;however, in the event during the term of this Lease that such law changes,BCC
will continue to indemnify City to the extent permitted by law against all costs, liabilities, suits,
penalties, claims and demands including reasonable attorneys' fees resulting from the filing of a
construction lien;and in the event such a lien is filed,BCC shall,within thirty(30)days after notice
to BCC of the filing thereof,cause any such lien to be discharged of record or transferred to bond.
19. As IS: By the execution of this Lease,BCC is hereby accepting the Leased Premises
and the Lake in "as is" condition with all faults and BCC acknowledges that City makes no
warranties or representations that the Leased Premises or the Lake are fit for the purposes desired by
BCC.
20. Default: Failure of BCC to comply with any of the covenants and conditions of this
Lease shall constitute a default and City may,at its option,terminate this Lease after sixty(60)days
notice in writing, unless the default is cured within the notice period; or in the event such default
cannot be cured within such period of time and BCC shall commence to cure same within the notice
is period and thereafter diligently pursue the cure of the default to conclusion. Additionally, the
4
happening of any of the following events shall constitute a default by BCC and should they occur,
® this Lease shall automatically terminate:
(a) Abandonment of the Leased Premises or discontinuation of operation of its
aquatic programs at the Leased Premises and the Lake(other than discontinuation of
operations involving normal hours of closing,seasonal closings or closings resulting
from the necessity to repair or rebuild), or
(b) Filing by BCC of any bankruptcy proceedings, plan or arrangement,
reorganization or any other proceeding under the Bankruptcy Act or other available
statutes from which BCC cannot secure a discharge within sixty (60) days.
21. Assignment and Subletting: BCC agrees that this Lease shall not be assigned nor the
Leased Premises sublet without the prior written consent of City.except BCC may grant temporary
licenses to use the building on a function by function basis.
22. Indemnification and Governmental Immunity: BCC is a state agency or political
subdivision as defined in Chapter 76.8.28, Florida Statutes,and agrees to be fully responsible for acts
and omissions of its agents and employees to the extent permitted by law. In addition,to the extent
permitted by.law,BCC shall indemnify,hold harmless and,at City's option,defend City,its officers,
agents,servants and employees against any and all claims,losses, liabilities and expenditures of any
kind, including attorneys' fees, court costs, expenses caused by the negligent acts or omissions of
BCC, its employees, agents, servants or officers occurring, resulting from,or related to the subject
matter of this Lease,including,without limitation,any and all claims,demands or causes of action of
any nature whatsoever, resulting from injuries or damage sustained by any persons or property.
23. Use and Enjoyment: BCC,in the use and enjoyment of the Leased Premises and the
Lake,shall comply with all governmental regulations,statutes,ordinances,rules and directives of the
federal, state, county and municipal governments which have jurisdiction over (i) the Leased
Premises and the Lake and (ii) the business or activities being conducted thereon.
24. BCC Warranties: BCC represents;warrants and covenants with City that:
(a) BCC and its representatives executing this Lease have the full power and
authority to make, deliver, enter into and perform pursuant to the terms and
conditions of this Lease and have taken all necessary action or its equivalent to
authorize the execution,delivery and performance of the terms and conditions of this
Lease.
(b) Neither the execution or delivery of this Lease, nor fulfillment of or
compliance with the terms of conditions hereof, conflict with or will result in a
breach of any of the terms,conditions or provisions of any agreement or instrument
to which BCC is a party of by which it is bound, or constitute or will constitute a
5
default under any of the foregoing, or result or will result in the creation of a lien,
® claim, charge or encumbrance.
(c) BCC and any officers executing this Lease have the full power and authority
to make, deliver, enter into and perform pursuant to the terms and conditions of this
Lease and have taken all necessary action or its equivalent to authorize the execution,
delivery and performance of the terms and conditions of this Lease. BCC is not now
the subject of a pending, threatened, or contemplated bankruptcy proceeding.
(d) Except for gasoline used as a fuel in its watercraft, BCC, its officers, agents
or employees have not used,discharged or stored and will not use,discharge or store,
any hazardous or toxic materials on or about the Leased Premises or the Lake and
BCC has received no written notice with.;respect to hazardous waste or toxic
substances on or under the Leased Premises or the Lake. To the best of BCC's
knowledge, no such toxic or hazardous materials are now located on or below the
Leased Premises or the Lake.
(e) That this Lease and all other documents to be executed,and delivered by BCC
in connection with the consummation of this Lease are valid,binding and enforceable
in accordance with their respective terms and conditions.
25. City Warranties:
(a) City and its representatives executing this Lease have the full power and
authority to make, deliver, enter into and perform pursuant to the terms and
conditions of this Lease and have taken all necessary action or its equivalent to
authorize the execution,delivery and performance of the terms and conditions of this
Lease.
(b) Neither the execution or delivery of this Lease, nor fulfillment of or
compliance with the terms of conditions hereof, conflict with or will result in a
breach of any of the terms,conditions or provisions of any agreement or instrument
to which City is a party of by which it is bound, or constitute or will constitute a
default under any of the foregoing, or result or will result in the creation of a lien,
claim, charge or encumbrance.
(c) City and any officers executing this Lease have the full power and authority
to.make,deliver,enter into and perform pursuant to the terms,and conditions of this
Lease and have taken all necessary action or its equivalent to authorize the execution,
delivery and performance of the terms and conditions of this Lease. City is not now
the subject of a pending, threatened, or contemplated bankruptcy proceeding.
(d) That City, its officers, agents or employees have not used, discharged or
® stored and will not use, discharge or store, any hazardous or toxic materials on or
6
about the Lease Premises or the Lake and City has received no written notice with
® respect to hazardous waste or toxic substances on or under the Leased Premises or
the Lake. To the best of City's knowledge, no such toxic or hazardous materials are
now located on or below the Leased Premises or the-Lake.
(e) That this Lease and all other documents to be executed and delivered by City
in connection with the consummation of this Lease are valid,binding and enforceable
in accordance with their respective terms and conditions.
(f) City represents that during the term of this Lease it will not conduct or allow
any boating or other watersports on the Lake except for the aquatic programs of
BCC. Fishing will be allowed but only from the banks of the Lake.
26. Prior Agreements: This Lease supersedes and replaces that certain Tigertail Lake
Agreement dated July 12, 1983 by and between Broward County and BCC.
27. Further Conditions: BCC acknowledges and agrees that this Lease is subject to the
terms and conditions of that certain agreement between Broward County,and City providing for
transfer of real and personal property within Tigertail Park to City dated June 29, 1993; and in
particular,Articles 5 and 6 of said agreement. This Lease is also subject to the restrictions contained
in that certain quit claim deed from Broward County to City recorded in Official Records Book
20929, Page 662, Public Records of Broward County, Florida.
® 28. Notices: In the event any notices are to be delivered hereunder, said notice shall be
effective upon receipt, if hand delivered or sent by overnight,commercial courier,or upon posting in
the United.States Mail, certified mail, return receipt requested addressed to the parties as follows:
As to City: Michael Smith, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
With Copy to: Thomas Ansbro, City Attorney
City of Dania Beach
Weiss, Scrota, Helfman, Pastoriza
& Guedes, P.A.
1132 S.E. 2"d Avenue
Fort Lauderdale, FL 33316
As to BCC: Broward Community College
Mr. Tony Stallworth
225 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
With Copy to: John Latona, Esq.
College Attorney
Broward Community College
Downtown Center
225 East Las Olas Boulevard
Fort Lauderdale, FL 33301
29. Attorneys'Fees: In the event of any dispute which may arise concerning the terms or
conditions of this Lease, the prevailing party in such dispute shall be entitled to recover all
reasonable costs and expenses or such dispute,including,without limitation,its reasonable attorneys'
fees and costs incurred through all levels of appellate litigation.
30. Entry on to the Leased Premises: City or any of its authorized agents or employees
shall have the right to enter upon the Leased Premises during reasonable hours to inspect same for
any reason or in order to make inquiry with respect to or ascertain whether BCC is complying with
the terms of this Lease. In exercising its rights to inspect as provided for herein, City agrees that
such right of inspection shall be conducted so as not to interfere with BCC's occupancy of the Leased
Premises or any business being conducted by BCC thereon.
31. Rights are Cumulative: The rights of the parties hereunder shall be cumulative and
shall be in addition to rights as otherwise provided by the statutes of the State of Florida. Failure on
the part of any party to exercise promptly any rights afforded it by said laws shall not operate to
forfeit such rights.
32. Successors and Assigns: This Lease shall be binding upon the parties hereto, their
successors and assigns.
33. Eminent Domain: If, at any time during the term of this Lease the legal title to the
Leased Premises or the improvements located thereon or any portion thereof be taken,appropriated,
or condemned by reason of eminent domain,there shall be such division of the proceeds of award in
such condemnation proceeding and such abatement of rent.and other adjustments made as shall be
just and equitable under the circumstances. If the City and BCC are unable to agree upon what
division,annual abatement of rent or other adjustments arejust'and equitable within sixty(60) days
after such award shall have been made, then the matters in dispute shall be by appropriate
proceedings submitted to a court having-jurisdiction of such matters and such controversy for its
decision and the determination of such matters in dispute. If the legal title to the entire Leased
Premises be wholly taken by condemnation proceedings,this Lease shall be automatically canceled.
In,general,its is-the intent of this paragraph that upon condemnation the parties thereto shall share in
the award to the extent that their respective interests are destroyed, damaged or depreciated by the
exercise of the right of eminent domain.
34. Surrender of Leased Premises: BCC shall quietly and peaceably deliver the Leased
Premises to City at the termination of this Lease in as good a condition as originally received,
8
ordinary wear and tear expected,and subject to the repair and maintenance obligations as provided in
® this Lease. Any and all improvements, alterations, additions made by BCC at any time, including
the original construction of the buildings, shall immediately be and remain a part of the Leased
Premises and upon termination of this Lease,shall become the property of City without the necessity
of City paying compensation therefor.
IN WITNESS WHEREOF,the parties have caused this Lease to be executed on this 28 th
day of .Tune , 2000.
CITY:
CITY OF DANIA BEACH,
a Florida muni `pal corporation
ATTEST:
i
�1 .i, ;fir , ;
SHERYL HAPMAN , McELYEA
ACTING CITY CLERK MAYO M ISSIONER
APPROVED FOR FORM MICR ITH, CITY MANAGER
AND CORRECTNESS:
BY:
TH J. A S RO
CITY ATTORNEY
BROWARD COMMUNITY COLLEGE
P15-�
Coe ko ey Chairperson, District Board of Trustees
WITNESSES:
Z.� .'
President, Broward Community College
G:\WPFILES\CLIENTS\DAN I A\S PORTSMA\TIGERTA I.LS 2
• AGENDA ITEM
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9
ENCLOSURE 3
EXHIBIT A'
® LEGAL DESCRIPTION
Portions of Lots 10 through 14,21 through 23,60 through 67 inclusive and all of Lots 15
through 20 inclusive, Block 10,and portions of Lots 9, 10 and 17 and all of Lots I 1 through 16
inclusive,Block 11,together with rights-of-way lying adjacent to the above mentioned Lots,
"HIGHLAND PARK UNIT NO.2", according to the plat thereof,as recorded in Plat Book 12,
Page 29,of the Public Records of Broward County,Florida,being more particularly described as
follows:
COMMENCE at the Northwest corner of Section 33,Township 50 South, Range 42 East,said
point also being the Northwest corner of said Plat;
THENCE South 00°00'00"West on the West line of said Section 33,a distance of 795.96 feet-,
THENCE South 90°00'00",East,398.00 feet to the POINT OF BEGINNING,said point being
the beginning of a non-tangent curve,concave to.the Northwest,having a radial bearing of South
27024'09"East from the radius point of the next described curve-,
THENCE Northeasterly along the back of an existing concrete walk and on the arc of said curve,
having a radius of 446.00 feet,a central angle of 28°19'30"and an arc distance of 220.49 feet;
THENCE South 81°43'45"East,251.50 feet to a point on the existing railroad right-of-way line
of C.S.X. Railroad as shown on Craven Thompson&Associates Inc.drawing,Project No. 89-
0050,dated 11-13-95,
THENCE South 08'32'1 1"West on said right-of-way line,383.63 feet;
® THENCE North 63°55'08"West, 395.94 feet;
THENCE North 00013'40"East,96.69 feet to the POINT OF BEGINNING.
Said lands situate,lying, and being in the City of Dania,Broward County,Florida and containing
i 11,3 14 square feet(2.5554 acres)more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and
Mapper.
2. Lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,
ownership,or other instruments of record.
3. Bearings shown hereon are relative to the West line of Section 33,Township 50 South, Range
42 East having an assumed bearing of South 00°00'00"W.
4_ This sketch does not constitute a survey.
Perkl. Mdacosta
Professional Surveyor and Mapper'No,432E
State of Florida �^
C'
P by-
ALVId
,GIORDANO AND ASSOCIATES,INC.
T—Ok _ ^
Wo Oa Wood Olvd.,Suitc 120
IIo11,. d,Florida 33020 — -
Noba 17.1999
R<iud N.—b-19.1999
P:V4oi«ti19711126\SUR VEYILEGAL DESCRIPTIONSV I.LGLI30C
Sheet I of 3 Shects
SKETCH OF DESCRIPTION - _
PORTIONS OF LOTS 10-14, 21-23, 60-67 INCLUSIVE AND
® ALL OF LOTS 15-20 INCLUSIVE, BLOCK 10,
[--AND PORTION OF LOTS 9, 10 & 17 AND ALL OF LOTS 11-16 INCLUSIVE, BLOCK 11
TOGETHER WITH ADJOINING RIGHTS-OF-WAYS,
"HIGHLAND PARK UNIT NO. 2", PLAT BOOK 12, PAGE 29, BROWARD COUNTY RECORDS
CITY OF DANIA, BROWARD COUNTY, FLORIDA
GRIFFIN ROAD
P.O.C. N
NW CORNER
SECTION 33-50-42
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P:\PROJECTS\971826\SURVEY\SKETCH\971826P1.DWG BETH SHEET 2 OF 3 S!
REVISION DWNI DATE FP/PG
REVISE SKETCH do DESCRIPTION GAS 111-19-98 N/A Calvin. Giordano &Associates,
® Engineers Surveyors Planners
2 On ood Boulevard Suite 120
Hollyw ad. Florida 33020
954.921.7761 954.921.8807 fax
it Certificate of Authorization No. 6
LOCATION SKETCH
FOR INFORMATIONAL PURPOSES ONLY
�T CITY OF DANIA, BROWARD COUNTY, FLORIDA
1V
GRAPHIC SCALE
150 0 75 150 300
( IN FEET )
I inch 150 ft.
GRIFFIN ROAD
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P:\PROJECTS\971826\SURVEY\SKETCH\971826P3.DWG SETH SHEET 3 OF 3 S!
REVISID DWN DATE I FB/PG
REVISE SOUTHERN PORTION BAS i1-19-98 N/A i Calvin, Giordano &Associates,
® Engineers Surveyors Planners
2 Oakwood Boulevard Suite 120
Hollywood, Florida 33020
.54.921.7781 954.921.8807 fax
Certificate of Authorization No. 6'.
Pit r; V llLm
RIGINAL
I 6)
PROJECT NO. 2018
BUDGET NO. 4620 126 2018 6500
OWNER'S AGREEMENT
(Water Service)
THIS AGREEMENT, entered at Fort Lauderdale, Broward County, Florida, this day
of , 20 between Broward County(COUNTY), a political subdivision of
the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale,
Florida 33301-4800 and Broward Community College (OWNER), whose address is 3501
S.W. Davie Road Davie Florida 33314.
WITNESSETH
WHEREAS, COUNTY owns and operates water distribution and wastewater (sanitary
® sewer) collection facilities known as the Broward County water and wastewater system. -
WHEREAS, OWNER owns or controls certain property in Broward County, Florida,
described in attached EXHIBIT "A'; and all references to "PROPERTY" mean that
described in EXHIBIT"A'; and
WHEREAS, OWNER is desirous of procuring water service from COUNTY for a school
sports facility to be constructed on PROPERTY; and ......
WHEREAS, this Agreement and all stipulations and covenants are subject to the.approval
of the Florida Department of Health and Rehabilitative Services, the Florida Department
of Environmental Protection,the Broward County Health Department, the Broward County
Department of Planning and Environmental Protection, and all other regulatory agencies
having jurisdiction of the subject matter of this Agreement
AGENDA ITEM F
RECORDED: Book Page AUG 2 9 2001
ENCLOSURE
EXHIBIT "cat
l )
Owner's Agreement Project No. 2018
Page 2
NOW, THEREFORE, in consideration of the mutual covenants and undertakings of the
parties and other good and valuable considerations;the parties agree, subject to the above
provisions of the fourth preamble, as follows:
I - CONSTRUCTION OF PROJECT
(A) The term OWNER includes each and every owner of any parcel of land located
within PROPERTY and OWNER's successors and assigns.
(B) The term"DIRECTOR" refers to the Director of the Broward County Environmental
Engineering Division, or designated representative.
(C) OWNER shall design, install and construct at OWNER's expense and at no cost to
COUNTY water and/or wastewater facilities, generally consisting of 924 L.F. of 6" D.I.P.
water main 4 6" gate valves 1 12" x 6" tapping sleeve with valve, 66 L.F. of_iack and
® bore 1 -domestic water service and appurtenances, hereafter called"PROJECT"that will
serve the OW NER's private fire system,which is comprised of 1 -6"double detector check
valve assembly, valves, piping and various other components. PROJECT specifically is
shown on drawings prepared by OWNER's registered professional engineer, Miller. Legg
and Associates 1800 N. Douglas Road Pembroke Pines Florida 33024 dated June 18,
2001, on record in the office of Broward County Public Works Department, Environmental
Engineering Division, as Drawing No. 0233-73-037, and referred to as "DRAWINGS,"
which are incorporated by reference. OWNER acknowledges receipt of an approved copy
of DRAWINGS. PROJECT will be located totally within existing rights-of-way_DLwithin.
easements granted by OWNER t_o COU_N_TY at no cost to COUNTY. PROJECT will
become theproperty of COUN_ TY and will be maintained by COUNTY when PROJECT has
been satisfactorily installed and constructed and other provisions contained in this
Agreement are met: OWNER's professional engineer has determinedthe estimated the
value of PROJECT to be $39,924.00.
RECORDED: Book Page AGENDA ffEM
AUG 2 9 2001
ENCLOSURE i
® Owner's Agreement Project No. 2018
Page 3
(D) OWNER may need to design, install and construct at OWNER's expense and at no
cost to COUNTY, additional private facilities to provide service to all of PROPERTY.
These facilities will remain the property of OWNER and will not be maintained by
COUNTY. These facilities, if needed, are also shown on DRAWINGS.
(E) OWNER shall provide written status reports upon request of DIRECTOR, from the
time this Agreement is executed until PROJECT has,been completed and accepted by
COUNTY.
(F) OWNER shall, at OWNER's expense, retain the services of the same registered
professional engineer who prepared DRAWINGS for the purposes of providing necessary
inspections and supervision of the installation of PROJECT to insure that installation is, at
all times, in compliance with DRAWINGS, COUNTY standards and accepted sanitary
engineering practices. A copy of OWNER's engineer's field reports shall be subrrmitted to
DIRECTOR upon request. If OWNER engages the services of another registered
professional engineer, then OWNER must notify COUNTY within five (5) days of such
engagement.
(G) OWNER will arrange to hold a Pre-Construction meeting with the DIRECTOR,
OWNER andfor OWNER's engineer, and OWNER's contractor. Notification of said
meeting shall be made in writing and received by all parties seventy-two (72) hours in
advance, and said meeting will be held at least twenty-four (24) hours prior to start of
anylall phases of installation.
(H) OWNER will notify DIRECTOR before any installation is begun and at the times
when inspections will be required. Said notification shall be made in writing*and shall be
received by DIRECTOR at least twenty-four(24) hours in advance of the time installation
is begun or inspections will be made.
(1) The work to be performed by OWNER shall be in accordance with all requirements
of the regulatory agencies having jurisdiction of the subject matter of this Agreement.
RECORDED: Book Page AGENDA STEM
® AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 4
(J) The work to be performed by OWNER and materials used by OWNER shall be in
accordance with DRAWINGS, QOUNN standards and acc e ted sanitary engineering
practices. During installation and at the time when periodic inspections are required,
DIRECTOR, together with OWNER's engineer, will be present to observe and jointly
witness tests for determination of conformance with DRAWINGS,COUNTY standards and
accepted sanitary engineering practices.All work done without inspection by COUNTY may
not be accepted and may be ordered removed and replaced at OWNER's sole expense.
Failure to satisfactorily repair, remove or replace,:if directed; rejected, unauthorized or
condemned work or materials may result in suspension of COUNTY project inspection
activities, and/or termination of this Agreement.
II - CAPITAL RECOVERY AND INSPECTION FEES AND CHARGES
(A) OWNER will pay to COUNTY the sum of two thousand sixty-two dollars and eighty-
three cents ($2 062.83 ) for water Capital
Recovery Charges based upon the charges set forth in attached EXHIBIT "B" for 2.310
Equivalent Residential Units for a school. Said water Capital Recovery Charges shall be
due and payable upon execution of this Agreement by OWNER. The aforesaid water
Capital Recovery Charges are not subject to change by COUNTY so long as neither the
type of use nor the design capacity of the PROPERTY changes. If the type of use or
design capacity changes, OWNER will be required to pay the difference per Equivalent
Residential Unit between the charges set forth in EXHIBIT"B" and those prevailing at the
time request or subsequent request for service is made, for the changed portions only.
AGENDA ITEM F
RECORDED: Book Page AUG 2 9 2001
ENCLOSURE
® Owner's Agreement Project No. 2018
Page 5
(B) OWNER will pay to COUNTY the sum of N/A Se tic Tan
($ ) for wastewater
Capital Recovery Charges based upon the charges set forth in attached EXHIBIT "B" for
Equivalent Residential Units for
. Said wastewater Capital Recovery Charges shall be due and payable
upon execution of this Agreement by OWNER. The;aforesaid wastewater Capital
Recovery Charges are not subject to change by COUNTY so long.as neither the type of
use nor the design capacity of the .PROPERTY changes. If the type of use or design
capacity changes,OWNERwill be required to paythe difference per Equivalent Residential
Unit between the charges set forth in EXHIBIT"B" and those prevailing at the time request
or subsequent requestfor service is made,for the changed portions only.The amount paid
for wastewater Capital Recovery Charges reflects that there has been no charge by
COUNTY for the first wastewater Equivalent Residential Unit.
(C) OWNER will pay to the COUNTY the sum of three thousand six hundred nineteen
® dollars and thirty cents ($3 619.30 )for Project Inspection
Fee. Said Project Inspection Fee shall be due and payable upon execution of this
Agreement by OWNER. This fee is calculated as set forth in attached EXHIBIT "B."
OWNER agrees to pay for overtime inspections made by COUNTY`s inspectors. Overtime
shall mean any time outside of 7:30 a.m. to 4:00 p.m., Monday through Friday. All
overtime charges shall be billed to OWNER and are to be paid prior to the acceptance of
PROJECT by COUNTY. Overtime charges are set forth in attached EXHIBIT "B."
AGENDA (TEm F
RECORDED: Book Page AUG 2 9 2001
ENCLOSURE
® Owner's Agreement Project No. 2018
Page 6
111 - TERMINATION
(A) This Agreement will terminate thirty (30) days after final notice to OWNER if
installation/construction of PROJECT has not started in a meaningful way within
twelve (12) months of the date of this Agreement.
(B) This Agreement will terminate thirty days (30) after final notice to OWNER if
installation/construction of PROJECT is not completed within one hundred and eicghty(180)
calendar days after start of installation/construction. This installation/construction period
can be extended by DIRECTOR, if requested in advance by OWNER. The installation/
construction period will not be extended unless OWNER pays for additional project
inspection at twenty dollars ($20.00 ) for each calendar
day of the extension.
® (C) This Agreement will terminate thirty (30) days after final notice to.OWNER if
OWNER fails to satisfactorily repair, remove or replace, if directed by COUNTY or other
governmental authority having jurisdiction over PROJECT;
(D) ' Notice to OWNER of termination will be issued on behalf of the Board of County
Commissioners (Board) by DIRECTOR without the need for further Board action.
DIRECTOR shall first issue a notice of intent to terminate this Agreement. OWNER will
have thirty (30) days to show sufficient reason not to terminate this Agreement. If
OWNER fails to provide sufficient reason not to terminate,DIRECTOR will issue the final
notice of termination no sooner than thirty (30) days after issuing the intent notice.
AGENDA ITEM
RECORDED: Book Page AUG 2 9 2001
® EROLOSURE I
l �
Owner's Agreement Project No. 2018
Page 7
(E) If this Agreement is terminated as described in this Section, any monies paid to
COUNTY for Capital Recovery Charges and Project Inspection Fees shall serve as
liquidated damages and not be refunded, up to a maximum of five thousand dollars or ten
(10%) of the Capital Recovery Charges, whichever is greater. Any monies paid to
COUNTY for Capital Recovery Charges and Project .Inspection Fees in excess of five
thousand dollars or ten percent (10%) of the Capital Recovery Charges, whichever is
greater, shall be refunded as long as OWNER acknowledges in writing receipt of final
notice, provides documentation that OWNER is still a legal entity and provides
documentation that OWNER'.s rights have not been assigned.
IV - PROJECT CLOSING DOCUMENTS
Upon completion, approval and acceptance of the work required to be done, OWNER will,
without cost to COUNTY:
(A) Furnish to COUNTY As-Built drawings of the water and/or wastewater facilities
shown on DRAWINGS, containing all pertinent information therein. As-Built prints shall
be certified and sealed by a Florida registered Engineer. As-Built drawing information as
to easements,the correct location of all mains,services, grades, invert elevations, heights
related to known datum, and all appurtenances belonging to the installations shall also be
certified and sealed by a Florida registered Professional Land Surveyor. The-As-Built
drawings and all information. shown thereon shall be in such a form as approved and
accepted by DIRECTOR. Preferably, OWNER will furnish As-Builts .in AutoCADD or
MicroStation electronic format along with one set of sealed As-Built prints made from the
As-Built electronic drawings_ However, OWNER has the option to furnish As=Builts on
transparent film base or on such other transparent material as approved by DIRECTOR
plus eight(8)sets of sealed As-Built prints made from the As-Built transparency..OWNER
will pay a charge of$10 per plan sheet(including cover sheet and details sheets) for As-
Builts not furnished in AutoCADD or MicroStation electronic format; and _
RECORDED: Book Page_ AGENDA ITEM
AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 8
(B) Convey to COUNTY, its successors or assigns by good and sufficient Easement
Deed in a form satisfactory to DIRECTOR, a perpetual right, easement and privilege to
operate, maintain, repair, replace or add to PROJECT and secure from each mortgagee
and lienor a release of mortgagee's and lienor's interest in the easement and fixtures
thereon. OWNER will complete and submit Florida Department of Revenue Form DR-219
along with the Easement Deed; and
(C) Transfer to COUNTY by Bill of Sale Absolute all OWNER's rights, title and interest
in and to PROJECT. Said Bill of Sale Absolute shall be written in such a form as approved
and accepted by DIRECTOR; and
(D) Furnish COUNTY with an Affidavit that all persons, firms or corporations who
furnished labor or materials used directly or indirectly in the prosecution of the work
required to be performed by this Agreement have been paid. Said Affidavit shall be written
in such a form as approved and accepted by DIRECTOR; and
(E) Furnish COUNTY with a Release of Lien from all contractors and suppliers of
materials and/or labor who might have acquired interest into PROJECT by the supplying-
of materials and/or labor; and
(F) Furnish COUNTY with Final Release of Liens releasing all liens which OWNER
might have on PROJECT. Said Final Release of Liens shall be written in such a form as
approved and accepted by DIRECTOR; and
(G) Furnish COUNTY with all Manufacturer's warranties which OWNER might have
received or is due to receive on any part of PROJECT; and
(H) Furnish COUNTY with a satisfactory warranty or bond guaranteeing each
wastewater lift station within PROJECT against d efects in materials, equipment or
construction fora period of not less than one(1)yearfrom the date of acceptance of same
by COUNTY. Said warranty or bond shall be in such a form as approved and accepted by
DIRECTOR; and
RECORDED: Book Page AGENDA ITEM �
® AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 9
(I) Pay to the COUNTY any and all applicable charges which shall be due and payable
prior to connection to COUNTY's water and/or wastewater system.
V - MISCELLANEOUS
It is mutually covenanted and agreed by and between the parties as follows:
(A) OWNER shall do all. things and make all,installations and perform all work in
accordance with the terms of this Agreement; and
(B) OWNER and the owners and occupants of buildings on PROPERTY are prohibited
from making direct or indirect connections to the COUNTY water or wastewater system
other than those shown on DRAWINGS; and are prohibited from
t to n ding ante how piping n
f systems to other structures and uses on PROPERTY of
her DRAWINGS. OWNER and the owners and occupants of buildings on PROPERTY will not
make service connections to the water or wastewater system until such.time as OWNER
® has provided COUNTY with all regulatory agency approvals necessary to connect to the
water and/or wastewater system; and
(C) OWNER and the owners and occupants of buildings on PROPERTY are prohibited
from using or disbursing waterfrom COUNTY's water system through fire hydrants orwater
mains, or by any person, firm, corporation or agency, public or private, unless there has
first been made adequate provision for compensating COUNTY for such water, and
(D) OWNER and the owners and occupants of buildings on PROPERTY are hereby
I• I prohibited from installing or maintaining any water wells.except for landscape and lawn
!. irrigation purposes; and
(E) OWNER and the owners and occupants of buildings on PROPERTY shall keep all
water and wastewater facilities on PROPERTY UNTI°t maintained
ustome shall occur in
the
good
order and condition. The sale of w Y
customer's side of the meter; and
kGENDA ITEM
® RECORDED: Book Page __ AUG 2 9 2001
ENCLOSURE �
Owner's Agreement Project No. 2018
Page 10
(F) COUNTY shall have the exclusive right to furnish water and wastewater services to
PROPERTY; and
(G) COUNTY will maintain PROJECT up to and within granted easements upon
PROPERTY without cost to OWNER. COUNTY shall not be liable or responsible for
maintenance or operation of any water and/or wastewater facilities on PROPERTY other
than those water and wastewater facilities within easements granted to COUNTY pursuant
to Section IV; and
(H) COUNTY's obligation to furnish water and/or wastewater service, other than
construction water, or to maintain water and/or wastewater facilities shall not arise until
OWNER has complied with all the terms and conditions of this Agreement. Under no
circumstances shall COUNTY provide water and wastewater services to PROPERTY if
the water and wastewater facilities have not been completed, tested, certified, approved
and accepted by COUNTY and OWNER has complied with all conditions contained in
Sections 11 and IV; and
(1) COUNTY shall make its best effort to furnish water of the quality and purity meeting
the standards required by the Florida Department of Health and Rehabilitative Services,
the Broward County Health Department and any other regulatory agency having
jurisdiction. COUNTY shall make its best effort to supply, at all times, a quantity of water
under adequate pressure satisfactory for domestic use at the customer's side of the meter;
and
(J) COUNTY shall make its best effort to furnish wastewater collection services as and
when available within COUNTY's system upon approval from the regulatory agencies; and
® RECORDED: Book Page
aGENDQ ITEM �
AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 11
(K) Any temporary cessations or interruptions of the furnishing of water and wastewater
service to PROPERTY at any time caused by an Act of God, fires, strikes, casualties,
accidents, powerfailure, necessary maintenance work,breakdowns,damage to equipment
or mains, civil or military authority,riots or other cause beyond the control of COUNTY shall
not constitute a breach of the provisions contained herein or impose liability upon
COUNTY, its successors and assigns; and
(L) COUNTY may withhold existing water and/or wastewater service to PROPERTY if
OWNER does not comply with all the terms and conditions of this Agreement; and
(M) The parties hereby agree and acknowledge that the execution of this Agreement by
COUNTY does not constitute the issuance of a development order, as defined in Section
163.3164, Florida Statutes; and thatthe execution of this Agreement and any expenditures
made in reliance hereon shall not be considered by OWNER as a grant to OWNER of any
vested right whatsoever for the use, occupancy or completion of development of
PROPERTY, nor shall COUNTY, by virtue of this Agreement, be stopped from enforcing
® any and all applicable codes and regulations of COUNTY, including, but not limited to, the
Concurrency requirements of the Broward County Land Development Code; and
(N) . The OWNER's duties and obligations under this Agreement shall be binding upon
successors in title to PROPERTY. However, any assignments or transfer of OWNER's
rights under this Agreement is hereby prohibited, and shall be null and void regards
COUNTY, without the prior written consent of DIRECTOR; and
AGENDA nm F
® RECORDED: Book Page
AUG 2 9 2001
EMOSURE
i
Owner's Agreement Project No. 2018
Page 12
(0) This Agreement will be recorded in the Public Records of Broward County, Florida,
for the particular purpose of placing all owners or occupants of land in PROPERTY upon
notice of each and every one of the provisions herein contained to the same extent and
with the same force and effect as if said owners and occupants had joined with the parties
to this Agreement in the execution thereof; and the acquisition or occupancy of land in
PROPERTY connected to or to be connected to the said water and wastewater systems
of COUNTY shall be deemed conclusive-evidence of,the fact that:owners or occupants
have consented to and accepted to have tbecome bound by this Agreement; and
(P) Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by Certified or Registered mail,with return receipt requested addressed
to the party for whom it is intended, at the place specified as the place for giving of notice
shall remain in such until it shall have been 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 the giving of notice to wit:
® FOR COUNTY: Director,
Broward County Environmental Engineering Division
2555 West Copans Road
Pompano Beach, Florida 33069
UR, Willis V4,01cornbc
FOR OWNER:
P Je nt
Broward Community College
3501 S.W. Davie Road
Davie, Florida 33314
Notice so addressed and sent by Certified or Registered mail, with return receipt
requested, shall be deemed given when it shall have been so deposited in the United
States mail; and
AGENDA ITEM �
® RECORDED: Book Page AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 13
(Q)
COUNTY shall be held harmless from any and all liability from damages if
COUNTY's obligations under this Agreement cannot be fulfilled as a result of any ruling or
order by any other governmental or regulatory agency having jurisdiction over the subject
matter hereof; and in such an event, this Agreement shall be null and void and
unenforceable by either party; and
(R) Upon completion by OWNER and approval by COUNTY, of PROJECT, and upon
OWNER satisfaction of the terms and conditions 'of Section IV.of this Agreement, then
COUNTY shall have the full ownership of same and is hereby fully empowered with
_unrestricted rights to provide water and wastewater services through these installations to
any other person or persons or land other than PROPERTY, and COUNTY is further
( empowered with unrestricted rights to utilize any/all easements granted by OWNER to
provide water and wastewater services, to any other person or persons or land other than
PROPERTY. Further, COUNTY, through its employees, agents or contractors are
empowered to pass or repass, repair, maintain or install additional or other water and
wastewater facilities within dedicated ingress/egress right-of-ways and within
® ingress/egress or utility easements so granted to COUNTY by OWNER;
(S) COUNTY will not provide water and/or wastewater services to a customer through
an indirect connection; and
(T) If any section, subsection, sentence, clause, phrase or portion of this Agreement is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portions shall be deemed a separate distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
AGENDA ITEM F-
® RECORDED: Book Page
AUG 2 9 2001
ENCLOSURE I
j 1
Owner's Agreement Project No. 2018
Page 14
(U) OWNER shall at all times hereafter 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 OWNER, 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.
(V) This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal problems arising
out of this Agreement and any actions involving the enforcement or.interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit. By entering into this Agreement, OWNER and .COUNTY -
hereby expressly waive any rights either party may have to a trial by jury of any civil
litigation related to or arising out of this Agreement or any PROJECT.
(W) . This document incorporates and includes all prior negotiations, correspondence,
conversations,agreements,and understandings applicable to the matters contained herein
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements,whether oral orwritten. It is further agreed
that 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 COUNTY and OWNER.
AGENDA ITEM
® RECORDED: Book Page
AUG 2 9 2001
EMOSURE �_
Owner's Agreement Project No. 2018
Page 15
a IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its County
Administrator, authorized to execute same by Board action on the 141' day of July, 1998,
and the Owner Broward Community College signing by and through its
^neRt duly authorized to execute same. P rest at qt
COUNTY:
Attest by Witnesses: BROWARD COUNTY, through its County
Administrator
Signature BY
Roger Desjarlais, County Administrator
day of , 20
® Print or type name above
Approved as to form by:
Signature Office of The County Attorney
Broward County, Florida
Edward A. Dion, County Attorney
Print or type name above Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301-1870
Telephone: (954) 357-7600
Telecopier. (954) 357-7641
By:
Pamela M. Kane
Assistant County Attorney
Date: ,20
RECORDED: Book Page AGENDA ITEM
® AUG 2 9 2001
ENCLOSURE
Owner's Agreement Project No. 2018
Page 16
Names of Witnesses MUST be printed under their signatures.
WIT ESSES: DEVELOPER: Broward Community College
He�s/s,} ( /� Q g Q re5, ,20
7s/tl 1 /J r �k�6e
Date:
acilities Mgt.
Witness y LuVt
Witness , Secretary
Date: ,20
Witness
Corporate Seal
Impressed
STATE OF
® ) SS.
COUNTY OF �u1a•Ljl }
The fore oin instrument was acknowledged before me thisQq day of �, 2001 . by
NIL (
�cpit and respectively,
who are personally known to me or who have produced
(type of identification)as identification and who did/did not take an oath.
WITNESS my hand and official seal, this L93ay of 20 Q _.
(Signa(uF6 of p rson taking acknowledgment)
(NOTARY SEAL) -J-C, N C Q, 14 - WA f:z J-) F AJ
(Name of pers n taking acknowledgment)
typed, printed or stamped
My Commission expires: oFRcIP NffrtigYS�L
)QYC H WAF,0FN
ARYPUBJ`cCT/T` ,�catiP.iDi^. j
RK7�Cp;�trlISS:G:'J 1�,,. :;i�•.a�:�;
gK`fCOMMISSION EXP.APR-25.2Mc,
RECORDED: Book Page QGENUA RE.M
AUG 2 9 2001
ENCLOSURE -
Owner's Agreement Project No. .2018
Page 17
a
EXHIBIT "A"
DESCRIPTION OF PROPERTY WHICH CONSTITUTES THE SUBJECT MATTER OF THIS AGREEMENT
Location of property: Approximately 800 ft. south of the northeast comer of Griffin
Road and Ravenswood Road, Dania, Florida.
Legal description: This property is more fully described on page 17 (a), said description
attached hereto and made a part of this Agreement. This property is shown represented
by the sketch on page 17 (b), said sketch attached hereto and made a part of this
® Agreement.
AGENDA ITEM
RECORDED: Book Page __-
® AUG 2 9 2001
ENCLOSURE
EXHT$ �..
PAGE ,a)
LEGAL I)ESCILIP"1'ION
Portions of Lots 10 through 14,21 through 23.60 through 67 inclusive and all of Lots I5
through 20 inclusive, Block 10,and portions of Lots 9, 10 and 17 and all of Lots I I through 16
inclusive, Block I.I.together with rights-of-way lying adjacent to the above mentioned Lots,
"HIGHLAND PARK UNIT NO.2",according to the plat thereof,as recorded in Plat Book 12.
Page 29.of the Public Records of Bro%vard County,Florida.being more particularly described as
follows:
COMMENCE at the Northwest corner of Scction 33.Township 50 South, Range 42 East,said
point also being the Norlliwest corner of said Plat;
THENCE South 00'00'00"West on the West line of said Section 33,a distance of 795.96 feet-.
THENCE South 90'00'00"East,398:00 feet to the POINT OF BEGINNING, said point being
the beginning of a non-tangcntcurve.concave to the Northwest,.having a radial bearing of South
27'24109"East from the radius point of the next described curve;
• THENCE Northeasterly along the back of an existing concrete walk and on the arc of said curve.
having a radius of 446.00 feet,a central angle of 28'19'30"and an arc distance of 220.49 feet;
THENCE South 81'43'45"East,251.50 feet to a point on the adsting railroad right-of-way line
of C.S.X.Railroad as shown on Craven Thompson&Associates Inc.drawing,Project No. 89-
0050,dated 11-13-95.
THENCE South 08'32'1 i"West on said right-of-way line,383.63 feet;
THENCE North 63'55'08"West,395.94 feet;
THENCE North 00'13'40"East,96.69 feet to the POINT OF BEGINNING.
Said lands situate,lying,and being in the City of Dania,Broward County,Florida and containing
111,314 square feet(2.5554 acres)more or less.
SURVEYOR'S NOTES:
I. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and
Mapper.
2. Lands shown hereon were not abstracted by the surveyor for rights-of--way,easements.
ownership,or other instrumcnts.of record.
3. Bearings shown hereon arc relative to the West line of Section 33,Township 50 South,Range
42 East having an assumed bearing of South 00'00'00"W.
4. This sketch does not constitute a survey.
air Vdcast&u
Profession d Surveyor and Mapper No.4328
State of Florida
AGENDA ITEM
7w Oiawed 81.t,C.U.120 AUG 2 J 2001
{(.4�w.�fSectda 2 W20
C.M 1.a Sit .DESCRIr,otIc"rnr-Voc ENCLOSURE
EXHIBIT "A"
PAGE 17 (b)
SKETCH OF DESCRIPTION' ---_
PORTIONS OF LOTS 10-14, 21-23, 60-67 INCLUSIVE ANO
ALL OF LOTS 15-20 INCLUSIVE, BLOCK 10,
AND PORTION OF LOTS 9, 10 do 17 AND ALL.OF LOTS 1 1-16 INCLUSIVE. BLOCK 1 1
TOGETHER WITH ADJOINING RIGHTS-OF-WAYS,
HIGHLAND PARK UNIT NO. 2 . PLAT BOOK 12, PAGE 29, BROVIARO COUNTY RECORDS
CITY OF DANIA, BROWARD COUNTY, FLORIDA
GRIFFIN ROAD N
P.O.C.
NW CORNER
SECTION 33-50-42
GRAPHIC SCALE
too a 30 IGO is
Q ( IN FEET
io
O _ 1 Inch - 100 (L
rn
.n n
rn �
O
O
'^ O
b j 1 ---s8j- •45 17
C) G z _ 11 251.60, �1
3
3 W t3 I6 _12 CO�CR�ETE w�xT 16
Q � 68 ��ti
® _ 67 � d _ 14 I 15 X-
P.0.8. 66 ~ —
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398.00' ld 616 a 14 U
o_ 64 17 111,314 SQ�. M
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ENCLOSURE
Pi PROlE0i5 971826 SK>=T 971826P1.OWG BEM SHEET 2. OF
WAIF FII/PG Cohdn.Giordano F.Assoclat
REVISE SMICH OCSCMPTM &tS 11-19-9a tl/A Engineers Sttrveyocs PIaM
2 (jtxakxood Boulevard Suits '
Hatirrood Ftact" aaa2a
GSCA2t. a5a aztz&n cox
CarUneat,a at AuthortsaUaa N
Owner's Agreement Project No. 2018
Page 18
EXHIBIT "B"
CAPITAL RECOVERY, PLAN REVIEW AND INSPECTION CHARGES AND FEES
Effective with all bills rendered October 1, 1995 and thereafter and to all agreements approved by the Board
of County Commissioners.
CAPITAL RECOVERY CHARGE PER EQUIVALENT RESIDENTIAL UNIT (ERU)
Water Wastewater
All classes; all meter sizes $ 893 per ERU $ 1,576 per ERU
PROJECT PLAN REVIEW
The Environmental Engineering Division will review the construction cost of the project based on the Project
Owner's approved quantity takeoff.
A one time fee of 2.5 percent of the estimated project construction cost will be charged to the Project Owner
but not less than $250.00.
® Project Owner's plans will not be approved until full payment of the fee is received.
PROJECT INSPECTION
The Environmental Engineering Division will estimate the construction cost of the project to be inspected.
An inspection fee will be charged to the Project Owner as follows:
If EC' But Not Of The
Is Over Over Fee Is EC' Over
$ 0 $10,000 15% $ 0.
$10,000 $25.000 $1,500 +6.7% $10,000
$25,000 $45,000 $2,500 +7.5% $25,000
$45,000 $60,000 $4,000 +.6.7% $45,000
$60,000 $75,000 $5,000 +4.6% $60,000
$75,000 7.6% $ 0
'Estimated cost.
Project Owner will pay all inspection overtime at a rate of$35.00 per hour per inspector.Overtime shall mean
any time outside of 7:30 a.m. to 4:00 p.m., Monday through Friday.
AGENDA ITEM
RECORDED: Book Page
AUG 2 9 2001
EttCLOSURE
JN. Douglas Road /
Suite 200 AGEHOA ITEM
Pembroke Pines, TRANSMITTAL
Florida 33024 AUG 2 9 2001
�= ENCLOSURE
& ASSOCIATES INC
Enghem-Surveyors a Mappers (954) 436-7000
Piers • Eandscme�ctdl—ts Fax: (954) 436-8664 INTERNAL USE ONLY
GtS•ErrvirOrvnentd PrOlessfonals
( ) REGULAR MAIL
. J _ / ( ) HOLD FOR PICK-UP
GATE:
� OVERNIGHT DELIVERY
TO: ��
e,��� Q� A.M. P.M.
VIrVI� COURIER BY bCy
-
Datefflime
/!1/L6 Z M F T
PHONE NO: 7 J_ -7)/
CC:
PROJ. NAME:
PROJ. NO: G Z--�' ?l
THE FOLLOWING ITEMS ARE ATTACHED:
COPIES SETS SHEET NO. DATES DESCRIPTION
Q p
REMARKS: r—e-cli 1u7 e
L�3��LLt.S � �.��_ a�,�w,�. �� ; L. •ram �. ��.,�.;.�
A r Toa �t.S eff S
MILLER LEGG & ASSOCIATES, INC.
• ` BY:
RECEIVED BY.
PRINT NAME. � ` PRINT NAME: Z�d v!z2
_.._ vc1 I nut - c11 G PINK - CFNnpp /A('C'Clt It
Public Works Department-Office of Environmental Services
Environmental Engineering Division
J U L 1 .0 Z 0 01 2555 W. Copans Road
BROWARD COUNTY Pompano Beach, FL 33069
(954)831-0745 - FAX (954) 831-0798/0925
July 16, 2001
Mr. Mark C. Winslow, P.E.
Senior Project Engineer
Miller, Legg and Associates, Inc.
1800 North Douglas Road, Suite 200
Pembroke Pines, FL 33024
RE: BCC - TIGERTAIL WATER SPORT COMPLEX
BCOES/EED PROJECT NO. 2018
Dear Mr. Winslow:
Attached are four sets of the proposed Owner's Agreement for the above referenced
project. All four sets of the agreement are to be executed, witnessed and notarized. The
names of persons signing this agreement and the names of the witnesses are to be printed
under their signatures. The original and two copies are to be returned to me. The third
copy is for your records.
Two checks for the sum of$115.47 and $5,682.13 made payable to the "Broward County
Office-of Environmental Services" is to be submitted to this office at the time when you
return the agreement signed by the Developer. For an explanation of this charge, please
refer to the agreement and to the "Statement of Charges" attached.
Please submit a revised cost letter as per attached corrected copy.
If you have any questions, please call me at telephone number (954) 831-0930.
You truly,
AGENDA ITEM. �
Lech Nagoda AUG 2 9 2001
Development Coordinator
LN:Ib ENCLOSURE
h:\corei\wp8.01\ln.2001\2018bcctigertail.winstow
Attachments
cc: Project File No. 2018
BROWARD COUNTY BOARD Of COUNTY COMMISSIONERS—An Equol Opportunity Employer and Provider of Services
JoserNrn Eggetteuon.Jr. Ben G(ober Suzorv-e N.Gur=kXger Kristin D.Jacobs bend liebermon Lod Nonce Porrtsh .John E.POdstTom Jr. Jomos A.Scott Diana Wassem
Visit us on the Intemet:www.btoward.org
ENGIN '• SURVEYORS & MAPPERS PLANNERS LANDSCAPE ARCHITECTS - GIS cNVIRONMENIAL PROFESSION
Corporate Office: 1800 North Douglas Road - Suite 200- Pembroke Pines, FL 33024-3200
rCI:A
(954) 436-7000 Fax: (954)436-8664 www.mil(edegg.com
'eSOS, I t.NC
1
i
TIGERTAIL COST ESTIMATE OFFSITE DESIGN PROJECT NO. 011272
Miller Legg & Associates, Inc.
1800 North Douglas Rd., Suite 200
Pembroke Pines, FL 33024
Description Quantity/ Unit Unit Coster Total
6" Water Main 924.00 LF
Fittings 0.59 TN $3,200.00 $1,888.00
6" Gate Valve/ Boxes 4.00 EA $600.00 $2,400.00
Sample Points 1.00 EA $200.00 $200.00
Tie into Existing Water Main
with Fill & Flush 2.00 EA $3,100.00 $6,200.00
Type 'F' C & G Removal 28.00 LF $3.00 $84.00
Type'F' C &G 28.00 LF $8.90 $249.20
Pavement Removal 21.00 SY $5.42 $1-13.82
Pavement Restoration 21.00 SY $41.62 $874.02
5'Concrete Sidewalk Removal 26.00 LF $3.00 $78.00
5'Concrete Sidewalk 26.00 LF $7.00 $182.00
Jack&Bore 66.00 LF $100.00 $6,600.00
12" x 6"Tapping Sleeve &Valve 1.00 EA $3,500.00 $3,500.00
TOTAL $35,305.04
O
ESTIMATES ARE BASED ON OUR BEST JUDGEMENT, BUT ITS ACCURACY IS NOT GUARANTEE
V:TSR-5W42j2w11272/SprdshWcalcs/tigenailcostest)ls
A6EKUA UEM
AUG 2 S 2001
s- 7-4 ;
5/18/01
%AI�11; r.I— CI !S/.11 70A 00Q 1 C1 rnn71 07A
1 1
Public Works Department-Office of Environmental Services
Environmental Engineering Division
BROWARD COUNTY Pompano
W. Copans Road
Beach, FL 33069
(954) 831-0745 • FAX (954) 831-0798/0925
STATEMENT OF CHARGES - Number 1
To: District Board of Trustees, BCC
Address: 225 East Las Olas Blvd., Fort lauderdale, FL 33301
Project Title: BCC-Tigertail Water Sport Complex
IDES Project Number. 2 O!$ Development Coordinato Lech Nagoda
Engineering Consultant Miller Legg and Associates
Estimated Project Cost(PC):.................................................... $ 39,924.00
Water-%of PC= 100.0 Water Cost .... $ 39,924.00
Sewer-%of PC= 0_0 Sewer Cost .... $ 0.00
® A) Plan Review Fee(P.C.x 2.5% . $250.00 Minimum) (Less $882-63 previously paid.)$ 115.47
B) Project Inspection Fee ...........................................................................................................$ N/A
C)Water Capital Recovery Charge( ERU @$893.00/ERU)...........................................$ N/A
D)Sewer Capital Recovery Charge ( ERU @$1576.00/ERU) ............................................... N/A
E Inspection Overtime Payment 0.0 hours @$35.00/hour ....................$ N/A
TotalAmount Due: ............................—-----------------------------------------------------$ 115.47
Date: 07116101 Approved by.
Lech Nagoda
The above charges are based upon the Retail Water and Wastewater Rate Schedule approved by
the Broward County Board of County Commissioners.
Control form 200-008 man ITEM _---
Revised 10192 2001
Fonn completed by LN N/A means not applicable at this time.
File 2018SC1
ENCLOSURE `-�---
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services
,)oseonus Eggeuetart Jr. Ben Graben Suzanne N.Gunzburger Kristin D.Jococx None lleberrnon Lori Nonce Pomsn John E.RodslrorrL Jr. Jomes A.$cots c4aoo wassemv
visit us on the Internet:www.broward.org
Public Works Department-Office of Environmental Services
Environmental Engineering Division
BROWARD COUNTY Pompano
W. Copans Road
Beach, FL 33069
(954) 831-0745 • FAX (954) 831-0798/0925
STATEMENT OF CHARGES - Number 2
To: District Board of Trustees, BCC
Address: 225 East Las Olas Blvd., Fort lauderdale, FL 33301
Project Title: BCC-Tigertail Water Sport Complex
OES Project Number. 2 0/0 Development Coordinato Lech Nagoda
Engineering Consultant. Miller Legg and Associates
Estimated Project Cost(PC):.................................................... $ 39,924.00
Water-%of PC= 100.0 Water Cost .... $ 39,924.00
Sewer-%of PC= 0_0 Sewer Cost .... $ 0.00
A) Plan Review Fee(P.C.x 2.5% , $250.00 Minimum) (Less $882.63 previously paid.)$ WA
8) Project Inspection Fee ....................................................•-•-•---...............................................$ 3,619.30
C)Water Capital Recovery Charge(2.310 ERU @$893.00/ERU)............................................$ 2,062.83
D)Sewer Capital Recovery Charge(0.000 ERU @$1576.00/ERU)................................................ 0.00
E)Inspection Overtime Payment(0.0 hours @$35.00/hour).....................................................$ NIA
TotalAmount Due: .............................................................. ......................$ 5,682.13
p7 G /O/ Approved b
Date: 1� / 'p
Lech Nagoda
The above charges are based upon the Retail Water and Wastewater Rate Schedule approved by
the Broward County Board of County Commissioners.
Control form 200-008 kank ITEM =
Revised 10192
Form completed by LN N/A means not applicable at this time.
0 File 2018SC2 AN 2 9 2001
ENCLOSURE
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal opportunity Employer and Provider of Services
Josoprxa Eggoneikxx Jr. Ben Groner Sworoe N.Gunrtxxger Kratin D.Jocobs Nene Uebe(man Lon Nance Pamsn John E.Rodsirom.X James A.Scott Diona Wossernu
vidt rrc on the Intemet:www.browa(d.org
VENDOR ACCOUNT SUN BANK ISO( FLORIG 0 C
and DISTRICT B. ,OF TRUSTEES VOID AFTER 6 MONTHS g-607 Pa.Box 5100 No. U
t1unj",y BROWARO COMMUNITY COLLEGE 670 FORT IAUDERDA.E:F1 =10
225 EAST LAS"S 40 .DDVVNTo9yN c
BLVD
?e J , ' .. DATE 4
7 FORT WJDERDAL 1
Issa)ze1 =y CHECK :NURSER 506595r' ��wr �° = 05/24/200� '�
+ �,.r Y y Y� ,��v .r r '•x�, ` 3G f�.Y .4 db5..,".# T ((t
r5.,.r .
�LARS 'Al
At�fD
TO OFFICE OF ENVIRONMENTAL SERVICES
ER PO BOX 619002 - : • _ ����"
POMPANO BEACH,,- FL 330619002
J THIS CHECK IS CLEARED THROUGH POSITIVE PAY
u' SO G S 9 511' 0:0 6 700 70 201:6 70 260 70 7 4 3 2 2us
l '
RGEHOA ITEM
AUG 2 9 2001
• ENCLOSURE
SUN- SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE BROWARD COUNTY FLORIDA NOTICE IT NEARING
, � BEFORE CITY COMMIS_
BOCA RATON PALM BEACH COUNTY FLORIDA BEA CITY of DANIACH. FLORIDA,
MIAMI DADE COUNTY, FLORIDA GARD NG ADOPTION OF .
THE FOLLOWING PRO-
POSED ORDINANCE:
:NOTICE IS HEREBY GIVEN
that the City commission
STATE OF FLORIDA of the City of Dania Beach,
Florida, on January 8,
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE 2002, at 7:00 p.m. or as
soon thereafter as the
BEFORE UN R ED AUTHORITY, PERSONALLY APPEARED matter may be heard,will
conduct a public hearing
in the City Commission
` WHO,ON OATH,SAYS THAT Chambers of the Dania
Beach City Hall, too West
H E I LILY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Dania Beach Boulevard,
PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED �onsiderania eathe Florida to
proposed.
N BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE adoption of the following
ordinance entitled:
ATTACHED COPY OF ADVERTISEMENT, BEING A: �N ORDINANCE OF THE
:ITY COMMISSION OF THE:
'ITY OF DANIA BEACH,;
TIGERTAIL LAKE =LORIDA, APPROVING AN
1MENDMENT TO THE
'TIGERTAIL LAKE LEASE
>NO LICENSE AGREE-
IN THE MATTER OF: RENT- EXECUTED JUNE
?8, 2000. WHICH LEASE
:XISTS BETWEEN THE CITY
TIgE rtall Lake XND BROWARD COUNTY.
:OLLEGE(BCC),PERTAIN
NG TO A PARCEL OF LAND
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE OCATED WITHIN THE
>REA KNOWN AS TIGER-
ISSUES OF: AIL LAKE PARK,INCLUO-
NG A LICENSE FOR NOW
:XCLUSIVE USE OF THE
12/24,1 D 10697126 AKE WITHIN TIGERTAIL
BARK('LAKE')MORE PAR-
TICULARLY DESCRIBED IN
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AND 0 RECTING THEIZING EXE-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, CUTION OF THE AMEND-
MENT TO THE 'TIGERTAIL
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY LAKE LEASE AND LICENS-,
ING AGREEMENT' BY THE
• PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA. APPROPRIATE CITY OFFI-
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE DIISSTRITRI AUTHORIZING THE
CT BOARD OF TRUS-
POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, TEES OF BCC TO ENTER
INTO AN 'OWNER'S
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF AGREEMENT- TO ALLOW
PROVISIONFOR THE OF
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT WATER.SERVICE TO AC
HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR 'ITIES AUTHORIZED TO BE
IL-
'CONSTRUCTED BY BCC,
CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE PROVIDING FOR CON-.
FLICTPURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID ERAN ; CLAUSE;
AFUR
ERANCE CLAUSE; FUR-:
THER,PROVIDING FOR AN'
N
EWS R. EFFECTIVE DATE.
A copy of this proposed
Ordinance is on file in the
Office of the city Clerk,
City Hall, 1o0 west Dania
AFFIANT) Beach Boulevard, Dania
Beach,Florida and may be
inspected by the public
RN TO AND SUBSCRIBED BEFORE ME during normal working
hours.
24-December-2001 , A.D. Interested parties may ap-
pear at the aforesaid
meeting and be heard
with respect to the pro-
posed. Any person who
decides to appeal any de-
(SIGNATURE OF NOTARY PUBLIC) cision made by the City
Commission with respect,
Slrir_k1and to any matter considered
��Rl BaI CC 9440']4 at this hearing will need a
op record Of the proceedings
is 24,2004 and for such purpose may
'a > pires Ju1Y need to ensure that a ver-
'�+'•_.:' Co.,1pc batim record of the pro
''. Of F� Ailzmbc BondmS ceedings is made, which
record Includes the test!-
(NAME OF NOTARY,TYPED,PRINTED, OR STAMPED) 'mony and evidence upon
which the appeal is to be
.based.
'In accordance with the
PERSONALLY KNOWN OR American with Disabilities
Act, persons needing as-,
ate
PRODUCED IDENTIFICATION any a ote thepartic proceedin gs
in
should contact Charlene
Johnson. City Clerk, toc
West Dania Beach Boule-
vard,Dania Beach,Floridz
33004, (954) 924-3622 as
least 48 hours prior to the
meeting.
/s/ Charlene Johnson,
CIVIC
City Clerk
December 24,2001