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HomeMy WebLinkAboutO-2002-024 ORDINANCE NO. 2002-024 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SECOND 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 NOW EXCLUSIVE USE OF THE LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE SECOND AMENDMENT TO THE AGREEMENT BY THE APPROPRIATE CITY OFFICIALS,- AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF BCC TO OBTAIN SEWER SERVICE AND OTHER UNDERGROUND UTILITIES AS MAY BE NECESSARY TO SERVICE THE 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 the "Tigertail Lake Lease and License Agreement" dated June 28, 2000, in the form and content as attached to this ordinance and marked Exhibit "A", and WHEREAS, BCC has requested that the City agree to further amend Paragraph 10 of the Lease Agreement, to allow for the provision of sewer services to BCC as well as other underground utilities as may be necessary to service the Facility being constructed on the leased premises; and WHEREAS, the City of Dania Beach is willing to authorize the District Board of Trustees of BCC to obtain the necessary sewer and utility services needed to serve the new facility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That certain Second 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 located within Tigertail Lake Park, an unexecuted copy of which Second Amendment is attached and made a part of this ordinance as Exhibit "B", is approved. ORDINANCE NO.: 2002-024 F:566001/Ordinances/2°d Amend Lease Tigertail Lake BCC Water Service Section 2. That the proper City Officials are authorized and directed to execute the Second 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. Further, the City Attorney shall review any documents pertaining to the sewer and utility services which may affect the City's ownership interest in the premises. If necessary, City Officials are also authorized to execute documents conveying the easements required to provide sewer and utility services. 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 and adoption. PASSED AND ADOPTED on first reading on May 14, 2002. ® PASSED AND ADOPTED on second reading on May 28, 20 ATTEST: R RT H. CHUNN, JR. MAY R — COMMISSIONER CHARLENE HNSON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - YES VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO ORM AND CORRECTNESS: BY: I IN THOMAS W ANSBRO CITY ATTORNEY 2 ORDINANCE 2002-024 a�R ♦e—rM... P;. F 0 k FLORIDA June 10, 2002 Mr. Tony Stallworth Broward Community College 225 East Las Olas Boulevard Fort Lauderdale, Florida 33301 RE: SECOND AMENDMENT TO THE TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT Dear Mr. Stallworth: Please find enclosed herewith one original of the Second Amendment to the "Tigertail Lake Lease and License Agreement" passed at the City Commission meeting on May 28, 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 this document for our records. Also attached you will find a copy of Ordinance No. 2002-024 dated May 28, 2002. Thank you for your assistance in this matter. If you have any questions, please contact me at 954-924-3622. Sincerely, 1 rlene J h son City Clerk CJ/mn Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.El.us ORDINANCE NO. 2002-024 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SECOND 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 SECOND AMENDMENT TO THE AGREEMENT BY THE APPROPRIATE CITY OFFICIALS; AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF BCC TO OBTAIN SEWER SERVICE AND OTHER UNDERGROUND UTILITIES AS MAY BE NECESSARY TO SERVICE THE 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 the "Tigertail Lake Lease and License Agreement" dated June 28, 2000, in the form and content as attached to this ordinance and marked Exhibit "A", and WHEREAS, BCC has requested that the City agree to further amend Paragraph 10 of the Lease Agreement, to allow for the provision of sewer services to BCC as well as other underground utilities as may be necessary to service the Facility being constructed on the leased premises; and WHEREAS, the City of Dania Beach is willing to authorize the District Board of Trustees of BCC to obtain the necessary sewer and utility services needed to serve the new facility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That certain Second 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 located within Tigertail Lake Park, an unexecuted copy of which Second Amendment is attached and made a part of this ordinance as Exhibit "B", is approved. ORDINANCE N��0� �2�00.�2��024 F:56600 1/Ordinances/2"d Amend Lease Tigertail Lake BCC Water Service d JUN 2 5 2002 Section 2. That the proper 'City Officials are authorized and directed to execute the Second 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. Further, the City Attorney shall review any documents pertaining to the sewer and utility services which may affect the City's ownership interest in the premises. If necessary, City Officials are also authorized to execute documents conveying the easements required to provide sewer and utility services. 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 and adoption. PASSED AND ADOPTED on first reading on May 14, 2002. PASSED AND ADOPTED on second reading on May 28, 20 ATTEST: R RT H. CHUNN, JR. MAY R — COMMISSIONER CHARLENE HNSON CITY CLERK CERTIFICATION I c ify t is to be a true d orrec py ROLL CALL: Of N•Pt 4� ? dV COMMISSIONER BERTINO - YES WITNESS my hand and official seal of the COMMISSIONER MCELYEA - YES City 40rnia BrOCOMMISSIONER MIKES - YES ay of , - City Clerk VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: AGENDA ITEM F BY: I^`j r11 TH,;OMAS .I ANSBRO JUN 2 5 2002 CITY ATTORNEY ENCLOSURE ® 2 ORDINANCE 2002-024 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 SECOND AMENDMENT TO "TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT" EXISTING BETWEEN CITY OF DANIA BEACH AND BROWARD COMMUNITY COLLEGE This is a Second Amendment to the Lease and License Agreement (the "Agreement") identified above ("the Second Amendment"), which Second Amendment is entered into on TuNg 25 , 2002. The 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 first Amendment pertained to the provision of water services to the new facility to be constructed on the premises. The City and BCC wish to further amend the Agreement, due to a request ® received by the City from BCC, pertaining to the provision of sewer service and other underground facilities as may be needed (such as subsurface electrical lines) by BCC from Broward County, Florida, Florida Power & Light Company and other utility providers. The City authorized execution of this Second Amendment pursuant to an ordinance, adopted on May 28, 2002. In consideration of the mutual covenants, terms and conditions contained in this Second Amendment and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Paragraph 10 of the Agreement, which paragraph is entitled "Utilities", is further amended to add the following new provision: City also authorizes the District Board of Trustees of BCC ("Board") to execute documents, with full authority of the City to do so, to allow for the provision of sanitary sewer service, stormwater service or both, in connection with the facilities authorized to be constructed by BCC, as provided in paragraph 4 of this Agreement. City also authorizes such Board or City Officials, if required by the utility provider to grant and execute a utility easement to Florida Power and Light Company ("FPL") for subsurface utility lines to service such facilities. Such subsurface easement shall be non-exclusive in order that other utilities can use it to provide other utility services to the facilities. A copy of the legal ® AGENDA ITEM ._E JUN 2 5 2002 ENCLOSURE description and sketch of such easement area is attached and incorporated • by this reference. 2. All other terms and conditions of the Agreement, except as amended by this Second Amendment and the first 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, FLORID ATTEST: l BY: -' r Ma r - Comn sioner BY: 4�� BY.--`-` Charlene Johnso ity Clerk ; Ivan Pa , City Manager APPROVED AS TO LEGAL SUFFICIENCY: BY: Thomas J. Ahsbro, City Attorney Signed, sealed and delivered BROWARD COMMUNITY COLLEGE in the presence of- BY: 41-AA BY: WILLIS HMMMBE Witn s (Print or Type Name) -moo u t_.1 001, Print Name (Signature) By: AS ITS: t®� Witness ` (Title) l Y_�l�ki � � )C� � AGENDA ITEM F • Print Name J U IN 2 5 2002 2 ENCLOSURE STATE OF FLORIDA • COUNTY OF BROWARD The� foregoing ins rume t was acknowledged efQre me on a4 c� 2002, by W t, as its /z¢Q. oA behalf of Broward Community College. �-is personally known-to me or has produced as identification and did (did not) take an oath. (NOTARY SE L My Commission Expires: No.DD�L.JJu� .<'t('Gi`' F't.13 Rj., 'E'i,i,2tP06 • AGENDA ITEM �-- JUN 2 5 2002 ENCLOSURE ----03-- 3 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 1T 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 Paris 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 repeated. 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. EXHIBIT "All AGENDA STEM _F • JUN 2 5 2002 .,,. -1- ORDINANCE NO. 2000-025 ENCLOSURE � PASSED AND ADOPTED on second reading on this 27`h day of June, 2000. K.IACELYEA / MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHER L CHAPMAJ� COMMISSIONER ETLING — YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS TO FORM ND CORRECTNESS: BY: THb A J. A SBRO CITY ATTORNEY AGENDA ITEM JUN 2 5 2002 ENCLOSURE -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, hereinafter referred 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: l. 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 Euress: 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: AGENDA ITEM JUN 2 5 2002 RICO! - (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 of Leased 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 1, 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. AGENDA ITEM 2 JUN 2 5 2002 ENCLOSURE ----A - 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 w 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 or to 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 tern of this Lease in the event ent 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- 1i oment: 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. AGEW ITEM ��- 3 JUN 2 5 2002 E U .Os 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. IT 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 can not be cured within such period of time and BCC shall commence to cure same within the notice peri nod and thereafter diligently pursue the cure of the default to conclusion. Additionally, the 40 AGENDA ITEM 4 JUN 2 5 2002 ENCLOSURE 0 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 768.28, 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 • AGENDA ITEM F ..�. 5 JUN 2 5 2002 default under anv 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 AGENDA ITEM 6 JUN 2 5 2002 ENCLOSURE 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, Serota, 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 AIENDA ITEM .,.. 7 JUN 2 5 2002 ENCLOSURE o� - With Copy to: John Latona, Esq. College Attorney Broward Community College • Downtown Center 225 East Las Olas Boulevard Fort Lauderdale, FL 33301 29. Attornevs'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 are just 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, • AGENDA ITEM 8 J U N 2 5 2002 ENCLOSURE 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 June 2000. CITY: CITY OF DANIA BEACH, a Flori /pal corporation ATTEST: SHERYL HAPMAN �,� ,Z,aun CELYEA ACTING CITY CLERK ` MAYO M ISSIONER APPROVED FOR FORM MICH ITH, CITY MANAGER AND CORRECTNESS: BY: �� TH M� J. A S RO CITY ATTORNEY BROWARD COMMUNITY COLLEGE 44P� Co e o ey Chairperson, District Board of Trustees WITNESSES: President, Broward Community College G:\WPFILES\CLIENTS\DANIA\SPORT-NIA\TIGERTA I.LS2 ITEM&TES F. AGENDA ITEM JUN 2 5 2002 ENCLOSURE a 9 .;U N 2 IS '2000 ENCLOSURE 3 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, 1 "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: C011MMENCE 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 P01NT OF BEGINNLNG,said point being the beginning of a non-tangent curve, concave to the Northwest,having a radial bearing of South 27°24'09"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 S 1°43'45"East, 251.50 feet to a point on the existing railroad right-of--way lire of C.S.X. Railroad as shown on Craven Thompson&Associates Inc. drawing, Project No. 89- 0050, dated 11-13-95, THENCE South OS°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 l 11,314 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. Bearin¢s 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. 4, erk J.xaacosta — Professional Surveyor and Mapper,vo 228 State of Florida AGENDA ITEM E - - - JUN 2 5 2002 - CA.LVIN.GIORDANO AND ASSOCIATES.INC. Two Oak­�Olvd_Suia 120 1tc11--d.Florida 33020 ENCLOSURE ._3 .. N­bv 17.1999 R—d N-1—b-19.1999 P.V4oj<c D71%26\SURVEYILEGAL DESCRIPTIONSTI.LGLDOC Slim I Of 3 Sllccls SKETCH OF DESCRIPTION PORTIONS OF LOTS 10-14, 21-2 ,, 60-67 INCLUSIVE AND ALL OF LOTS 15-20 INCLUSIVE, BLOCK 10. FANDORTION OF LOTS 9. 10 & 17 AND ALL OF LOTS 11-16 INCLUSIVE, BLOCK 1TOGETHER 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 GRAPHIC SCALE 100 0 sa ra0 z. � 1 Q N 1Pirs. 0 ( IN FEET ) 1D 1 Inch - 10o 1L m � n n o 3 W 0 o " 0 �' _ 4 (AN 10 �81`43.45 ' 17 3 W �a� I �l 1 251.bp• ACK OF EXISTI Q ►.9� 6'Ip�� �1 2 CONCRETE WALK 16 \ is'- 67o P.O.B. 66 '�f-- 14 ' 15 X_ ® S90'00'00'E` 1 S~ j r 398.00' —W 6.5 o_ 64 _16 I a L 14 U M� 63 � __I 17 111,314 SO wR 3 1g'(2.5554 ACRES) 13 M z �, o _ _ 62 Z 6� 9� r 60 W o - _ _ 21_ c� MWy o — — S9 H63's 22 � ' 1 1 (3� 2� � oja. L 6Q8k 1 z I a a O W O 39694• 11 10 s�p m 9 z � rf LECENO: L 8 a N Cr U IL - OROWAM Cow r7 RCCDROS I :.a.e = a:a '�—r AGENDA ITEM v.o.c; � vowr ar CW,,,ftiCCuENr PAAC[(X P e00t ►C - SO.fT. SQ�� i 12 rMT JUP, 25 zooz ENCLOSURE - P:\PROJECTS a..- 6\SURVEY\SKETCH\971826P1.OWG BETH RFVT'Unw DWN DATE FB/PG1 SHEET 2 OF 3 S! • REVISE SKETCH & OESCRIPTION GAS 11-19-98 N/A tCaMU1, Giordano &Associates, M�'Mff Engineers Surveyors Planners all2 Oakwood Boulevard Suite 120 ip Hollywood, Florida 33020 954.921.7781 954.921.6807 fax Certificate of Authorization No. 6 LOCATION SKETCH FOR INFORMATIONAL PURPOSES ONLY CITY OF DANIA, BROWARD COUNTY, FLORIDA N GRAPHIC SCALE 150 0 75 '50 3 a ( IN FEET 1 inch 150 ft GRIFFIN ROAD �.O.0 R.CORNER SECTION-U-50-47 o�01 EO.If' o JF Q O 4 � N O p, 8 O 8 a s 8 F Tn J N p �irr yak' aR� �8U Q- 14`QA ha i< .a j..a• - - ZZ _ E40A ITEM - JUN 2 5 2002 ENCLOSURE P:\PROJECTS\971826\SURVEY\SKETCH\971826P3.DWG SEM SHEET 3 OF 3 S' REVISION DWN DATE FE/PG REVISE SOUTHERN PORTION BAS 1 1-19-98 N/A I Calvin. Giord no 1; Associates, m® Engineers Surveyors Planners 2 Oakwood Boulevard Suite 120 Hollywood. Florida 32020 i ul n IL I I 8 Certificate teof Au hor18za0tlonnNo. 6- CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners cc: Ivan Pato, City Manager Bud Palm, Public Works/Utilities Director FROM: Tom Ansbro, City Attorney DATE: May 8, 2002 RE: Proposed "Second Amendment" to BCC-City Lease; Tigertail Lake Lease and License Agreement; Sewer and Subsurface Utility Lines As a result of the recent approval by the City Commission of a waterline construction for the subject building (under construction near the Tri-Rail Station in Sportsman's Park, adjacent to Tigertail Lake), BCC now needs authorization from the City for sewer and underground utility easements. Since the City recently disapproved BCC's request for a proposed septic tank system, the sewer system easement now becomes necessary. An ordinance authorizing execution of a Second Lease Amendment (virtually identical to the Lease Amendment recently adopted by the City Commission in March for the requested waterline construction) has been prepared for your consideration. If necessary, it will also allow for the execution by City Officials of easements to allow the services to be provided to the new building. A similar Lease Amendment has also been prepared. Also attached are copies of documentation forwarded to me by BCC in connection with the request. This is ready for Commission review and adoption. TJA:slw Attachments MAY-08-2002 WED 03:24 PM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P, 05 REQUEST DOCUMENTATION ICE BCC-CITY LEASE MEMO sent By: BCC FACILITIES MANAGEMENT; 954 4236444 May-1 -02 5:23PM1. Page 2 '. BROVVAFiD COUNTY 130MO OF COUNTY COI SSIONERS O tlN'fY BRAWARD COUWY,FLORIDA popattment of Naftral Rescum Protection Water Resources Division 218 SW 1 at Avenue Fort LauderdaJe.Fl. 33301.1814 (054)510.1270 • FAX(9U)519-1496 APPLICATION TO CONSTRUCT A WASTEWATER COLLECTION /TRANSMISSION SYSTEM pump station in pmlw M Yes p No Public Maintanance for project®Ye6 C3 No 1. per, All hem mo be=npleW In full,and typed or Printed In ink. All 5ignatum must be 10doln9l. Front and back espies aM encotxa90d. anwaM Corr mmlly Caftgo Tlpftll Wafer SPOM Projsat Memo Center FiiO No. Street Address of Project LocaW at BE samsr of liftraMMOn of WWTP Hoflyvvood Regional (ctuPfatrtEm®r and Revatwood M. City C�an1a.FL. Zip Coda 3W04 Section AS Towns" 51 Range 42 ^ FoM Number Plat Oesq Lion OCR Book/Page Applicant Name Francisco P10 &ito Analstant DirectoruFavi#ltt�@4a�s smOnt ❑owner Officer []Agent-nee�autt "Wition tatter Telsphone No. _(f ), 5-OTS� e-nla4 Thor„ Yea®§Mward.ecJL—s corporation Braward CA unity Golfe Corpomte Address 3501 SW Davie Ad. suite shy Davis stet® FL. zip Cod® =14 Engineer oaf Record/Project Engineer 10avfxl Bwett, P.B. TelephM NO (964)084= _ e-mail dtbannettOml *Mcoen FLOW CALCULATION. Usa Wd f4m frt M Broward County Cods of ontirmmm,ter 27, Seation 27.201. Singh Farnity Rome [3 Mufti Fwnoy ❑Mobile Nome 0 Other Other Scsndartt Deacription „8tt®will have a reer by rem and shag facinfles Show Ord Cali=latlon B4 atuda is x 20 GP *WdWd a 1000 GPO Completely dsewft planned lots 1 blocks/parcels!txwlKno numtb®rs,etc.,served by this eyslarn. Phasing Mat be z on the Design Drawings. Add eheate as required. Thts is otgi faCflity serving approultmateiy 5o oolkW students,. Wast ter will be pumped to an exlemS gmvlty swer system maintained by Brmnrd County offloa of Envieanmsntal Sar0mz �BCaSf� ,�.�- Sent By: BCC FACILITIES MANAGEMENT; May-142 5:23PM; raga � fA be aetvta�d and the gpeotfis Attr� are 3 1120 X 11' (®)veflfch ®laatt�+dot3ai, twqm r4taa all ,, w d and ,wet ai oontamirOUan. etc.} locus. Vgffne.anything of an a<evt�aiemaneeert kWarltmr►t wftit the Water f1esouscs on of a� to am=n6 ru llon . This 4nfornmtlon Divisim Attach additional sheep 8e Yequlred- Il. Direetions for Prot Subrrtisslon A. i}General Permit: ems, and when doeigrted to al! apptioable standards. three (3) For Publicly MWntakwd San" bysf c NvtiCe o1 Intent to Use General par�it; ine m along w Me fee(see Page 4 Yable to the Rrvward County BoW of County Cor"I"ie.nm. 2)speeftPermit: s, cis requiring a quest for Information for tutft►er Staff por Prhrateiy Maintained Sanitary S then quiring d. etc., three {3) cvpiea thls a� review, plant moratorium, dry line, d�►sf�$ ioatlar► to Canstna�t f?Qmestbc Wastewater A the Florida DEP Form #62-6N.9W)(s) collsotlonfTrsnsmlssion System, along with ft fee( Pap 4) PeY��m Brov�rard County Board of County Commissioners. 3) Reuse Water. with�1e fee(bee Page`>ti t F►) ps►Y�fe to tits Broward County Thr®v(3)cow of this Aw"tion along S etion pe�N to the W f ® with fees. Board of county Cormmiaalonars. FOEP requires apAt One 1 set of engineering drawings no targer than 244 x 35" (folded to as x 12" MSXknum $us), opeclticsatisr+'es, S. :and ign data, as Prepared by a Florida Re9108Mci Profmeonat Enpirte C, Minimum design Information mquirmr»ents: r than B" pipe requires a ells analysis 1) Gravity sewOM using anYthIng Is= trim etendard s i or t erat large IaMen study detalling the non-starWard requlremgn 2) A sewage purrtp atatlan requires design. Cal'^-01"W4 which consider superimposed Pump Cu ftoetatton calos,and SIZ65- atin of MGD or larger flows into oodsting wry systems will require a study 3) Any new � t 9 ' �inter h to the WWf�'1'. pravlr�AdequWa system capeaai 9 4) Existing 88w80e Pump$14116 na which have been In servim forte new constniCtien llI�r+sirtg• b approaching uiit-out Condition.will require an operational ass®ssmen p ri,64re to required In a oonsPfcuotta 1oaao►at the Oft stmticn.The punt should be a minimum 1"binok blwk latter a�iae. and fiat indelibly to a Rat contrasting color surfaas. it shall read (wt�t itpproP fie numbers lnsarted) as follows: FOR SUORG HofiG CAI.-t....("')*"- ' FOR PUMP OUT CALL...,'°° FOR MAIWINNANCE CAt.t..•-I yo RMRy POl.t.Ul iCK CALL SCDPEP 61i3-1 4" NOTE: Final CeMROMlan requires is picture of ft filgnaga i sent, sy: BCC FACILITIES MANAGEMENT; 964 4236444; may-l-U 5:24PM; Page 4 If. algr4ftm of Pm)wt Principals The undamoed agree to aomply with Chapter 27 of the Sroward County Cw%of Ordlnenoas and all mtemeftffi on the raftchad Florida DEP Forms. Corw uotfon of a sandwy eaw system without a valid Brovmyd County, Lkx n for installation of Wastewater CoIkctvnlTn wrniWon Systarn is a AolaWkw of County Rules and Regulations, and may be suNert to anforoom®nt _ aotion ro$utdn9 In civil ponatthm anWor fine& A. Applicant NameTrMns .Fmmlaw tit sltt# m Dkeel r,1°aciftosoulum Pd t Date c 1) PRdyaw M Cora S1gr*Ure Date Telephone No. ,{ ) NCM: A Prh'd$ 14610401161109 Cwdmd Is lend with thh en, se pmmrsd and signed by the Applicant, Public UtlllTy RepnwenUdm wW 0ontract0f, The Private to public mWntonarm b9undedw must bo daftned, along vdM the conneotson point. A twininstton 01su" to rulUirml, noting the Public andl3CMP-WR0 at 319-12K 41 cf►mt . M on, APIl loaM must i t a maInUnar4o plan with anunVncy procedures and sappragrtate contacts for s. Pubic Witty Anpresanta&'. Ttlte Slgr�ture Date Telephone No. C. :Wage W&W Treatment plant Signmure Date D. PROFESSIONAL ENGINEER RMISTERED IN FLORIDA: I hersbyy oeRlty drat the engirme tg featu"of this wGAU water coll®ct nsmission system have been designed by me in acoordanpe wig Chapter 27 of the ewward County Code of Qr*nanws and Chapter 62404 of the Florida Administrative Coda. pavM®mnnett,R.E. Sig" �,....�. Florida RegiRtrailQal No. nsw@ Of Er4hw CcrnPsny NOM Its?North Douglas Road Suite= CaDwY peatmbroke PNI",FL (A Soul) cri(Aft , Wt By: BCC FACILITIES MANAGEMENT; 954 4230444i May-l -02 5:�4rMi r4v#w wootmatw Canscson entom Canstrucwn uconso Fee Calculellon (pot Bmward County Cc", Chapter 41.6, affective 6/11M) 1. Cale ats the total tengM of all Gwdtary$ewer p'pN (0 ��:plus���ea andfor materials have t�tt�=ed, (Do at Inchsde any sehgtna of 01 Plp np, .wd list tt►"@&$sorted sizes,matartale,and tangoes on an atWohmm"pag*4a Trial ilneul fact of gravity sewer . A ---- TOW Iln"feet of farces main 705 ,_ Tout Ilmal Iset of reuse main N/A Total Oftal feel of pis .705 X$0.1 a=$ 11�•80 Rounded off to 010 nearest dalar =$ 119.00 (1) g. Determine Wnbw of santtery mwholea plus the numbw of B&nitary conW manhole@. Tow markh" _fir X$30M WA..._ (2) 3. Ust th6 no 9w of now®t wokW(Do qgt Include arty wet w0116 being reluftft ad)- Total wetwells 1+ X$100.00 =i iOQ.00 (3) 4. DeW MIng flyMW horsepo"r per wot welt by its up all Indba" PumP NIAMMMin the wetwoU. Multlpte lift stations must compute horsepower few for esch atatlon and attach a computation cheat. Sea Chart baiow for of mting oandhlon GPM a 23 _ Ft.TDH Total Wetwd Pump Her 4 Tote!HP Fee(s)•$ (4) FEE EHJT S so no is BUT 15 a 1 ty0.00 15 BUI < 46 = �0• 00 5 BUT c SS C � AMR- 1 B "e 200 = us = 5. wowp Fore(TOW.1.2,3,4-MINIMUM FEE $120.00)('Rsuse Water Only Fee)--g 293M ($ 8, Florkt DSP Fee(:Bee Below for approprtaw foe) Fbdda pEp Fam .-Mc NoOm of Intent to General p `i0 OWkia DEP Form M-w4.3 g)(e)Appilcmtlon to Construct Dornestb Waetr"tw Collecttiart!Twsmmion Syawma sar AN less than 10 EDU's3300 ftrida DEP Form #62.004.W(7)(a) Appticatlon to Construct Dome$tio Waaiawow 0okutiwvTranvrnWl4n Systems ewvhg 10 EDU'a or more =5600 Total FLDEP/BCDNFlp pea"(TOW a S 8).$ is 00 a check pogablo to the pROWARD COUNTY BOARD OF COUNTY 00 ICNf�RB� may-1 02 . 5:24PM; rage a,11 Sent By: BCC FACILITIES MANAGEMENT; 954 4236444; ' Florida Department,of EnvirolimeuW��n Twin Towers OfAcc pwga.►26W B1.gtoot ROIL Taliwasmoo, NOTICE OF INTENT TO USE GENERAL PERWHT F+rO+ INSTRUCTIONS: Thio form m be oxnpluW for PvJwts geamlt 0 urAcr Rotes 6?-60a.7�, F7ocida Admioistreciva Co3e mt (F.A,C.). TW fates is to be couVI*W arsd gubtssitwd to do DepuWwt t;inag wifi ones set of Flaw, spwificatioas W design dpU and a dock for the application fat-in AcCOMWO wilt Rule 62-4,050. F.A.C.. at bust 30 ds" Fri*r tQ i0i All fafmnatios is to be typed at printed in ink aid all blanks must be filled- NOTB: each rwn.condgttaus prctjoct raluirca a saparaso application and fee puxauarst to 12Wc 62-4.050(4)(a}.F.A.C. 1. pawn(s)or entity owning tree cWte iowymmsmWoo Sy"an P1nma Ica oa Title ,jg!!� Company N hddmu 3 501 SW DsAo R& City Da FL Zip 3314 tdq*m N=ber 475.075 2, Couutiorevsnas guiost System Doomptiou. Nett Nam Bazrwn Csmt rtrs Gaoler County Brow"d City D=ta Vicinity if rB �.�. Design popukdon 60andeats Dasigrt peak hour flow graposed 1000 Total average daily flow 1000 NOITD: This is dso mmrru tkm of dw far rift&mum bdow-0 It oato the fbilowing: single LiY taotnes apsr�nts - mAool troottas mobile mamas Y cd=(dBacnU) Sits will hs"a e tloul use beslMW vft bathrom tnsd d 50$=de b z 20 Qom/ 1900ta1?D N!� %by Nwcomnercial sources N/A/A %by flow Catstsibusion from:. industrial s x=cs &A� e®,. Bsluivaloat Dwelling Firths(EDUs)carved by this pro)oct 143 (A►o EDU 3.5 person) 3. Treah=nt Plsut m wmg project. N&= Rd County fe+®asrd _ city 'DSP Identifieat=Number(alto krtovvn as WAFR or OMS Idondfication Numbs) Most r!ecmv DEF permit numbec Fapirati+an Date c� a+ox �oocrica rap 1 of 3 ems— ueww.wa..« �nswyw.+..,ati,ew�aoe uuu. w�+ `re..d..3�t �.wr�ae�.ioae e.xsnS nut-a" us-momao.r.+i�wr,a.l�rnr wAw. a9�a++a r�.nowsxft�t,/ h. h.ama pt6vl+Ro .0 u.stiw Sent By: OCC FACILITIEHS MANAMMENT; 944 4246444; May-1 -02 a:��YMj rayo ci IL �p c I.pia wuunipW ownw or mud�hY°'of and Ooze cv tfts best of my kixo*4jip and . S. aca!fully aware that trio t�tteta�oasde in this noticc sre tr►to.�' nutisuaia tbls. iliry in such a atarwec as fwxdatt ad�w-A m4pcd am MY swam that it is ttiy�ppttsibito to awe uVou wti = notion to f e DcpatOa=u *OM the entity it was d aai�d. R ibHUY �f�d t° anotha aq*w t'tY to oborm thW mo [ion of the as indicated as[ilia t4� > '• larva • {*AtLsch s foulow lr=of aatltosizadocil plea is in ncooadaaca wti�ettgit>a�ng p �f y } oofe 000, ss�d. Title: Aalfstant ID1� .._... Name: Canes Nsate: � Coit3tnsnl A"=- 3501$W Davie Sd. Zip: 3�3>i4 My; FL T&phOW No: UL TrJohmW Raw Ponslam The undmi$nd-tat vi that t to servo this syst�aaa wben complatad.tits[the mem o$* uVabnc plant bss sufacWt capmaigr to PM Vida wii hapatr� and MY W= applicable rsgutWIM, and that%bA p4m will coothm to oho.is cWWust+ca with C�apLex d1rb00.F.A.C:., fwiuty is ea undar a oatorswrium of any ho, gxnm permitsod especity(MGD) C3vtrottt mpathly svcmF daily flow(MOD)(frm-opufaip{fit) C= mt thrca r tomh svemspe daily now{M4D)(fkosa%wazins moo DMW.o!agwvsleat DwcUlag Units wrvod C�trresst autssa,td3AC flow cpAttttitmsnts(inchidia8 chic p��ags3aat tttatm�lt plant cap�tY Date: sipcd: Title: Alattm: Cody Nam: Address; 2ip: City: rcicOhoe+e No, var r.�eaor.>ae(�xl P�Z�3 trroafl•Jaoe 1,t� .,•• Sent By: SCC FACILITIES MANAGEMENT;. 954 4236444; May-1 -02 5:25PM; Page ami TV. Taro 1 Rcosftnd In FbrUls(wbem r np*cd by Omptw 471,FWd"$tstt%" This{is.to ea Wy diet dwc enginuming faatures of this system have bwn designed by me or by an Individual(s)under my ditect supernrAn in wcordowc, with Cbaptat 62.644. F.A.C.. and any tpplicabis local requiremfts. It is also stated that the undmlgned bas furnig d tar appli=t Wkh wri"n bwvucdout to:do oparatloa no maintenaws of tho systsm. A atatammu ovd(yiag camplmt m of tlr system sad sNutpriate eleuusoaa will be submIOW to the Departtrms in order to obtain approval w place tfr aystrna la servko. David mmnum 7P.& Sim _-- Narao(plow type) Florida Rogiswatkm No. Millen LM Anod"ea.Ise. signmum of Hc;iaoer o� a J 1 Company!dame 41`2.0 M I=Ko`*ft!lk �!A SWtO 20 IeOPPPPP./PPPPO/. Duo �..... C4wpuy Addrou p=cbmkc Piste. , 330244M" (Affix SOW) w city Zip Talo*m No. (954)436-7000 aaaMeesuw�iaa�w ftP 3 of 3 Bowan PAffid 1 Im _ MB 4-02 5:20t'Mj _ royw or i Sent By: See FACILITIES MANAGEMENT; 864 4236444.; Y- Work L%,W x Nee. EASEMENT � This inatruaw%Ptepargd By a sec._ •T P.... 5•stse.= H tom: too.gone: a Parcel LA. # Addroaa x (Matntakted by Courtty.Appraiaar) a A Form 3T22(Sbdwd)RAv.TM s: The.utdersigaed in conaidtration of tht pa mni of $140 and other' Band sled n valtmh O cotrsickxation, ttu u*uacyy sad rocaipt of which is hereby aci;nowiedged, x gent and'give to Flanda Power&U t CompaR,Its iicensuax, 49"1 sttcces a and auai , an 04 fonrw for the construction, opaabM and Mai+ttetntaw of underground al aetric utility faclitina (inchxling wb", a ca axeduits and upu x=M egalptriestt) to be isuttal►ed frnm time to time; a+�th „ the to reconstruct, improve, d to,etw:�a change the voltage,as woU as. the tt size n and M=ve such facilities err any of them within an easeatant feet in width dc=-bed;as Follows: Tnpther with the right to patmit aqy other person, firm or corporation to anah wires to any facillaes hatunder and lay cable and conduit within ft east=nt tend to u{mzau titre sett for corrnwdcatkott:} e';dw right of ittg eras and ages to acid premjses at all times;the a�!Q cli�r titer load tt oIeuod of au trees.tutdagrowttt�odke obsttuettrmR atthin the easement area:to Aim SW cut ad keep and cut all dead,wa14 leaning or dance trees or limbs Wtside of dw assetrtcnt area which might inwf�re with of all u0cm� lines or syatattzs of cantmm&atlotts or pow�a h mtjs+ or distribution;tend fnttlW.BrAnts, to the fulle�tt actem the UAdMiWW Pas poweretv�t al ttu rigs ve granter!on ttte land hmxtofore cl=nbad,t Aloq,'fir and acroa8 the toa4s.ate to of get ya or 1N WITNPESS WEIMU '3P,the:tumiarsWAd has signed and scaled this lttawtrm%ort�—...._ Sighed,s mW and delivered is tLbo maw"of arw t Print Names• ®Print idama Print Addma; Attest: tom) Pt3rtt Nate Print Kama: Iwtmaa) Print Addrem- (Corporate Seal) STATE CF AND COUNTY OF The fbragoing tr 5aualottt was eckwwledgrtd bef re rite thix.,. day of -by ,and respectively dre 1"reairtc at and_Sw=txry cf ,r} cotporat on,on behalf of said=gxuatioc,who are parsonallY kACwn u)trt8 or have produced as ideskr=tioa,atul who did(dill not)take an oath. n7 w of wawfcaom) boy t;4mm4Moa Ex9�a: Nowt' o, Print N4= EXHIBIT TO BCC-CITY LEASE AGREEMENT .. -t7Z: O i Cf71"M; ..: .r•oyp ,v� „ .. $ant �y. :'FACILITIES MANAGEMENT; *,423$444i Airy'T 4341 -S.W. 42nd Air M* 1E - RAUMM Tall. (954) 685-0997 vie, Flared 33314 tt a Pox (954) 553-31a't7 LEGAL DESCRIPTION OF & 10 FOOT IMOE FLORIDA POWER & LIGHT unurY EASEMENT UW N& $ NNMAAW Pupil A& 1A IRS $06 A0.11. allele OF vWAtIfA. 1M0WAAW COW". 111111LOWA L,ogpt Doscriptian: A 10 fact wide Florldo Power M ught utility easement Doing a portion of tatu 10 through 17. block i0. and 9 portion of the right—of—way lying od}aCont to the above mentioned lOts, 'HIOMLAND PARK UNIT No 2% according to the Plot thereof rocofded In Plat Book 12, Page 29, of the Public.Records of Sroward County, Florida. The centerline of aoid saeemen t being more particularly described as feliews: Commence at the Northwest Comer of Section 33, Cownehip N South, Range 42 Eost, said point also being the Northwast Comer of void Plat; Thence S.90'00'00"W al9ng the West line of said Section 33. a distance of 795.75.feet; Thomas S,90100'00'E., a distance of 398.00 fast to a point on the are of a non—tongent curve concave to the Northwest, a radial line of said curve through gold point having a bsartng of 3.27'49'09'Et 71honce Northeasterly alonq the are of $Old curve, to the left. having a central ongle, of 2*1542' and o radius of 446.00 foci for on ore dlstonce of 220.49 feet to a point on a non—tangent fins. sold paint also being the Point of espning of the herein described conterllno: Themes 5.54'Ca'34"E:, a distance of 12.74 fwt; Thence 5.43'94'41"W., o diatonce of 112.66 feet; Thence S.43*22'10"E.. a distance of 84.41 foot. to the Point of Termtnatlon, The sideVnes of said easement to be shortened nr lengthened to meet of angle polnta Said land situate within the City of Donis, 11roword County, Florida. nih fs\WAA.W MIX W2\A4\Jf-M lPL4.b lase Vac =*-UkM sn nmeR M n►r nlar it11i sx roe ado"CAL i�110di 11�iNE I &AZ A�C �NDAIWK 6�r�nrlry t K Mi6MRA AM a y ivAKlOat.MD M WPaRi 91 CNA}ftii ilOt7.i, FLardOA►AVIIJIt1RAT14 0008.WIteUM T 10 ffiAM�rI+99Lay.n },���7M,N�TC3 - �`�,'A) rwc2Nvve.eve Am*wm No. gas-wom a►►xim SUM11"M �� • " gV19 Taut t Wh S4lELi' �F'Z.^ sent By:; ,FACILITIES MANAGEMENT; 064` 4236444; May-1 -02 5;;Zts! mi mays I l i I I 670MER & ASSOPIAMs Mo. 4341 S.W. 82rW Menu. WA - PLANN>fJils Tel. (954) W5-•0997 Ganrie, 33314 i Pax (W) 505-3927 SKETCH OF A 10 FCCT WOE FLORIDA POWER S LIGHT UTILITY EASEMENT U WT Ma 4 UMLAW PMK 0JL 14 P& 896 &CLAL SdALE: 1" • Sty' &Oak MOSS& i as MAF%C SCAM ,n SURVEY NOTES: P IT F. Tkv W M shown hWW Mao not • abstroatad ter 0" ship. r*1&-of-sray. sasalwMris or olbsr motors at rsoord by Stoner 41 / / » Amodates.Ina // / � �. fie boa►fngs she" hsroal ON �O r ae>►� on awrmod w S.t]0"00'0o"W.FOUND coPra+�c.D W / ,'-"+~. mf tta Most IM4 of tsetloe as. NW CORNER:Nw . TO shyl 60 South. PtanQo arat.141 ONE—QUARTER WWJI // /Of6rea County, nanda BEC7lON 33—b0-�9 / / �, � 3. TT►Ss okstcR ae.e nok rsprsoent o / fold aura% (This is not a ourvow. // �� w 7nlo stc m tros pr wvo by thM ,,/ Arm without "is bosom of o Me J. so". 7ho loyal Qaarfouort "Wen tureen was authored by Stanor t HLCEh to " Assoolatio, Ina. do /• UNIT No. 2 awm t st S"W , HIGHLAND PARE{ LEGEND- � P.p. 1?, PC. 'e (♦ 29, P.B. . KAT Boat PM VA09 `♦ ♦♦ B.CJt 4"WAND CWNTY ♦ 1 ♦ IB 1.411• LIaNK0 9USINESS ;. ♦ ---�� ..� 4: ♦ R,O,Wr -AI6iiT—Gf—WAY ♦. tl --h. BREAK IN UNE SCALE ♦♦ 1k F.D.O.T.• OF TRA TIT N I SP itTATIONN A— _ ARC "NM R_ _ RADW9 DIEM �`� SHEET.LOF 2 SUN- SENTINEL PUBLISHED DAILY NOTICE OF HEARING BEFORE ITY CITY OF DANIA BEAC FORT LAUDERDALE, BROWARD COUNTY, FLORIDA FLORIDA,REGARDI4 GISSION ADOPTION OF THE FOLLOWI BOCA RATON PALM BEACH COUNTY, FLORIDA PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission MIAMI MIAMI DADE COUNTY FLORIDA the city of Dania Beach,Florida,on May 28,2002. r r 7:00 p.m.or-as soon thereafter as the matter may heard,will conduct a public hearing in the City Cc, mission charters of the Dania Beach City Hall, ?. West Dania Beach Boulevard,Dania Beach,Florida STATE OF FLORIDA consider the proposed adoption of the following or: nances entitled: COUNTY OF BROWARD/PALM BEACH/MIAMI DADE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLOF DA, AMENDING SECTION 8 OF ARTICLE 1, PART I C BEFORE THUN`D .ION AUTHORITY, PERSONALLY APPEARED THE CITY CHARTER TO PROVIDE THAT THE SEAL OF TF CITY OF DANIA BEACH,FLORIDA SHALL BEAR THE LE( END "CITY OF DANTA BEACH, FLORIDA, BROWARC WHO, ON OATH, SAYS THAT FIRST CITY, INCORPORATED 1904"; PROVIDING FC CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHE: HE/SH S A'DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED PROVIDING FOR AN EFFECTTVE DATE. DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED AN DA, RDI NDNC POF ART E CITY OF LE IA BEACH, FLOR ARTE WBROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE OF DANIA BEACH, FLORIDA, FOR THE SALE OF SUF PLUS REAL PROPERTY;PROVIDING FOR SEVERABILIT` ATTACHED COPY OF ADVERTISEMENT, BEING A: ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF TH BROWARD??S FIRST CITY CITY OF DANIA BEACH,FLORIDA,APPROVING A SEC OND AMENDMENT TO THE LAKE EAS: AND LICENSE AGREEMENT'S EXECUT IN THE MATTER OF: 2000, WHICH LEASE EXISTS BETWEEN THE CITY AN: BROWARD COMMUNITY COLLEGE ("BCC"), PERTAIN ING TO A PARCEL OF LAND LOCATED WITHIN 'TH: AREA KNOWN AS TIGERTAIL LAKE PARK,INCLUDING BrOWardS First city LICENSE FOR NON-EXCLUSIVE USE OF THE LAKE WITH IN TIGERTAIL PARK("LAKE")MORE PARTICULARLY DE SCRIBED IN THE LEASE;AUTHORIZING AND DIRECTINC IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE THE EXECUTION OF THE SECOND AMENDMENT TO THE AGREEMENT BY THE OFFICIALS. ISSUES OF: AUTHORIZING THE DIISTRICTOPRIATE BOARD OFTTRUSTEES OF BCC TO OBTAIN SEWER SERVICE AND OTHER UNDER- GROUND UTILITIES AS MAY BE NECESSARY TO SER- 5/17 10905012 VICE THE FACILITIES AUTHORIZED TO RECONSTRUCT- ED BY BCC;PROVIDING FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER A copyofthese proposed Ordinances are on file in the PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, office of the City Clerk, City Hall, 100 West Dania Beach Boulevard,Dania Beach Florida,and may be in- AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY Spected by the public during normal working hours. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Ing and pa aid with may respect t the propose .An ing and be heard with respect to the proposed.Any EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE person who decides to appeal any decision made by the City Commission with respect to any matter con- POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, sidered at this hearing will need a record of the pro- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF c sand for such purpose may need to ensure chhatat a verbatim record of the proceedings is made, ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT which record includes the testimony and evidence upon which the appeal is to be based. HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR In accordance with the American with Disabilities ActCORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE of the proceedingsersons shouldscontactance t Charlene Johnson PURPOSE OF SECURING THIS ISEME ADVER NT FOR PUBLICATION IN SAID City Clerk, 100 West Dania Beach Boulevard, Dania T Beach, Florida 33004. (954) 924-3622 at )east 48 NEWSPAPER. / hours prior to the meeting. /s/Charlene Johnson,CMC j ay Cle17,2 May 17D02 (SIGNATURE OF AFFIANT) SWORN TO AND SUBSCRIBED BEFORE ME ' ON: 17-May-2002 , A.D. (SIGNATURE OF NOTARY PUBLIC) :'• •`g Para L.Bezal: OYCO`VASSION# DD024939 EXPIRES July 20, 2005 7.P _•....p T PU TROY FAIN INSURANCE,INC. (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION