HomeMy WebLinkAboutR-2002-110 I '
RESOLUTION NO. 2002-110
A RESOLUTION OF-.THE CITY OF DANIA BEACH, FLORIDA,APPROVING
BOTH TRI-PARTY AGREEMENTS BETWEEN BROWARD COUNTY,
DANIA FARMS, LTD., AND CITY OF DANIA BEACH IN CONNECTION
WITH THE INSTALLATION OF REQUIRED IMPROVEMENTS FOR "THE
RITA W. SHAW PLAT' AND "C.I.D.B. PLAT'; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That those two (2) Tri-party Agreements between Broward County,
Dania Farms, LTD., and the City of Dania Beach in connection with the Installation Of
Required Improvements for "The Rita W. Shaw Plat" And "C.I.D.B. Plat", in substantial
form as Exhibit "A", attached, are approved.
Section 2. That the appropriate city officials are authorized to execute both Tri-party
_ Agreements between Broward County, Dania Farms, LTD., and the City of Dania Beach
and the City Manager and City Attorney are authorized to make minor revisions to said
agreements that are deemed to be in the best interest of the City of Dania Beach.
Section 3. That all resolutions in conflict herewith be repealed to the extent of
such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS th Y OF AUGUST, 2002.
RO ERT H. CHUNN, JR.
MA OR — COMMISSIONER
RESOLUTION NO. 2002-110
•
ATf EST: ROLL CALL:
COMMISSIONER BERTINO - YES,
COMMISSIONER MCELYEA - YES
C A LENS J H SON COMMISSIONER MIKES - NO
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO F RM AND CORRECTNESS:
BY:
THO A5'J. AWSBRO
CITY ATTORNEY
•
RESOLUTION NO. 2002-110
;L
_ FLORIDA
August 19, 2002
Ms. Sara Stewart
SS Consulting, LLC
1985 SE 17 Street
Lauderdale by the Sea
FL 33062
Dear Ms. Stewart:
RE: TRI-PARTY AGREEMENTS BETWEEN BROWARD COUNTY, DANIA
FARMS, LTD., AND THE CITY OF DANIA BEACH
Dear Ms. Stewart:
On August 13, 2002, the Dania Beach City Commission adopted
Resolution No. 2002-110 approving the agreements in connection with the
installation of required improvements for "The Rita W. Shaw Plat" and "C.I.D.B.
Plat".
We are enclosing a copy of the resolution and one signed original of.each
agreement. Once both originals have been executed by Broward County, please
return a copy for our records. It is our understanding that you are handling the
recording of these documents in the public records of Broward County.
Sincerely,
Cha4ee o on
City Clerk
CJ/mn
Enclosures
- "Broward's First City'
100 Wecr Dinin Be-nrk R—1--, 4 t-t—*- n---t_ > t _:a_ a�nni nt.-_... (nciN ci-)i arnn
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document prepared by:
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
AND
DA=-FARMS ,-_I-Tom___________________________, its successors and
assigns, hereinafter referred to as "DEVELOPER,"
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of _-ANJA-B-EAcE----------- a municipal corporation, created and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "CITY."
WHEREAS, DEVELOPER'S Project, known as c. T .n.R. pT,AT
Development Management Division File No. 1_53=MP-86 __, hereinafter referred to as
the"Project,"a legal description of which is attached hereto as Exhibit"A"and made a part
hereof;" and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on _ November 22_t_1-487'__, subject to certain conditions to ensure
the protection of the public health and safety, and one of the conditions imposed at the
time of approval was the construction of certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, th parties agree as follows:
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1. The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) DEVELOPER agrees to and shall construct the improvements described in
the attached Exhibit"B,"hereinafter referred to as the"Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit"B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be provided
for all of the Improvements and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering Division,which
Improvements shall be consistent with the previously approved plans.
. (c) If property is located within a municipality, CITY agrees not to issue building
permits for construction of a principal building within the Project until such
time as DEVELOPER provides CITYwith written confirmation from COUNTY
that engineering plans for the required improvement have been approved by
the Broward County Engineering Division and that DEVELOPER has
complied with paragraph 4.of this Agreement. If the property is located
within the unincorporated area, the COUNTY shall not issue building permits
for construction of a principal building within the Project until such time as
the DEVELOPER has complied with paragraph 4. of this Agreement.
(d) If property is located within a municipality, CITY agrees not to issue any
certificates of occupancy within the Project prior to completion of the
"Improvements" according to the schedule set forth in Exhibit "B." If the
property is located within the unincorporated area, the COUNTY shall not
issue any certificates of occupancy within the Project prior to completion of
the "Improvements" according to the schedule set forth in Exhibit "B."
(e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
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3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to
• complete the Improvements described in Exhibit"B"and that all costs relating to the
installation of the Improvements will be borne by.the DEVELOPER.
4. SECURITY AND DEFAULT.
PLEASE CHECK THE APPROPRIATE SECTION BELOW
[ X] (a) Lien.
(1) A lien is hereby imposed by the COUNTY against the real property
identified in Exhibit "A" in the amount of One hundred eleven Thousand
Eight Hundred thirty-four and 54/100 Dollars (,� 111 , 834 . 54 ).
Such lien shall secure the construction of the "Improvements"
identified in Exhibit "B" attached hereto. Such lien shall exist until
fully paid, discharged, released, or barred by law. The lien created
by this Agreement shall be superior to and shall have priority over
any mortgage on the real property described in Exhibit "A." The
DEVELOPER shall cause this Agreement to be executed by the
holder of any such mortgage, which execution shall constitute the
mortgagee's consent to such subordination.
(2) Prior to the DEVELOPER obtaining a building permit for construction
• of any portion of the Project which, according to the schedule set forth
in Exhibit "B," requires the installation of the "Improvements", or a
portion thereof, DEVELOPER shall provide a form of security
acceptable to the COUNTY in the form of a letter of credit, surety
bond, or other acceptable security in the amount of
One Hundred eLeven thousand,_ eight hundred thirty-four512(AGQs
in substitution of the lien imposed hereby, and
the COUNTY shall cause to be executed and recorded in the Official
Records of Broward County a release or satisfaction of the lien upon
the property described in Exhibit "A."
(3) DEVELOPER may elect to provide security for any individual phase
as listed in Exhibit "B," in order, to release a portion of the lien
imposed on the Project for the individual phase. In that event,
DEVELOPER shall submit a cost estimate prepared by a Registered
Engineer for the "Improvements" required in such phase. Upon
acceptance by the COUNTY of the cost estimate, and payment by
DEVELOPER of any applicable fee, that portion of the Project shall
be released from the lien imposed and the total amount of the lien
shall be reduced by the approved amount.
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01101102 3
(4) In the event DEVELOPER fails to construct the "Improvements"
according to the terms and conditions of this Agreement, COUNTY
may recover such sums from DEVELOPER as are necessary in order
to cause the construction of the"Improvements"that are outstanding.
Such sums, plus costs and attorney's fees, may be recovered by
COUNTY against the DEVELOPER through a civil action, or may be
recovered by action as provided by the applicable security. In the
eventthat DEVELOPER fails to construct an improvement secured by
lien created hereunder, such lien may be foreclosed or otherwise
enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property.
(6) DEVELOPER shall ensure that the substitute security remains valid
and in full force and effect until DEVELOPER'S improvement
obligations are fully performed. Expiration of the security prior to
DEVELOPER'S performance of such obligation,or notice to COUNTY
that the security will expire or has been canceled or disaffirmed prior
to DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(7) In the event the letter of credit, surety bond or other form of security
provided to COUNTY, as described above, expires, is canceled, or is
disaffirmed, COUNTY shall send notice to DEVELOPER, according
to the notice provisions of this Agreement, and DEVELOPER shall
. have one (1) month from the date of such notice to provide substitute
security in a form acceptable to COUNTY. If DEVELOPER fails to
provide acceptable substitute security, COUNTY may record a
document entitled "Notice of Lien for Installation of Required
Improvements which shall constitute a lien on the property described
in Exhibit "A" for the amount due hereunder, until fully paid,
discharged, released or barred by law. To the extent that the failed
security is attributable to an identified parcel or portion of the Project,
the Notice of Lien for Required Improvements may be recorded
against and apply only to such parcel or portion of the Project.
[ ] (b) Surety Bond or Letter of Credit.
(1) Prior to the DEVELOPER recording the plat or any agreements which
were conditions of approval for the Project, the DEVELOPER shall
provide the COUNTY with security such as a surety bond or
irrevocable letter of credit, which is acceptable to the COUNTY and
which guarantees the DEVELOPER'S performance of the
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•
construction obligations set forth in this Agreement in the total amount
of $
(2) If the DEVELOPER obtains certificates of occupancy prior to
completion of the applicable Improvements, contrary to the schedule
set forth in Exhibit "B," the DEVELOPER shall be in default of this
Agreement. In the event the DEVELOPER defaults under the terms
of this Agreement, COUNTY shall be entitled to draw against the
security for the amount set out in paragraph 4.(b)(1), plus costs as set
forth herein. If COUNTY draws against the security and the amount
recovered is less than the amount necessary to construct the
Improvements, COUNTY may maintain an action against
DEVELOPER in a court of competent jurisdiction for the difference
between any sums obtained and the amount due, plus costs and
interest accrued from the due date at the rate of 12 percent per
annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S road improvement obligation is
fully performed. Expiration of the security prior to DEVELOPER'S
performance of such obligation, or notice to COUNTY that the
security will expire or has been canceled or disaffirmed prior to
DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(5) In the event the security expires, is canceled or is disaffirmed,
COUNTY shall send notice to DEVELOPER according to the notice
provisions of this Agreement and DEVELOPER shall have one (1)
month from the date of such notice to provide substitute security in a
form acceptable to COUNTY. If DEVELOPER fails to provide
acceptable substitute security, COUNTY may record a document
entitled "Notice of Lien for Required Offsite Improvements" which
shall constitute a lien on the property described in Exhibit "A"for the
amount set forth in paragraph 4.(b)(1), or stated portion thereof. To
the extent that the failed security is attributable to an identified parcel
or portion of the Project, the Notice of Lien for Required Offsite
Improvements may be recorded against and apply only to such parcel
or portion of the Project.
[ ] (c) Cash Bond.
(1) The Improvements identified in Exhibit "B" shall be secured by cash,
or check(cashier's, certified, or registered), or money order issued by
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(financial
. institution), in the amount of --_-________
Dollars ($------------), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs -of the Improvements are
-----------—-------—----------------------- Dollars
($-------------)
(3) Upon completion of the Improvements, and acceptance by the
applicable unit of local government, the DEVELOPER shall notify the
Broward County Engineering Division of such completion and
acceptance. Upon a determination by the Engineering Division that
the Improvements have been installed, constructed, completed, and
accepted, and following the completion of DEVELOPER'S one (1)
year maintenance obligations if the Improvements are made to a
County road, the COUNTY shall have ninety (90) days to remit
------------------------------------Dollars
($------------) to the DEVELOPER, provided that the COUNTY
. has not already effected a remittance to the DEVELOPER because
of the earlier substitution of a surety bond or letter of credit.
5. Upon the completion of one or more of the road Improvements specified in Exhibit
"B," the DEVELOPER may request a partial release of security from the COUNTY.
The DEVELOPER shall submit a sealed certification by a Registered Engineer of
the work completed, and a cost estimate of the remaining roadway Improvements
to be completed based upon the current approved County unit prices. Upon
acceptance by the COUNTY of said certification and cost estimate, and payment
by the DEVELOPER of any applicable fee, the COUNTY shall release that portion
of the security, if any, which is in excess of the cost of the remaining road
Improvements. Final release of the full security is subject to the standard COUNTY
maintenance period of one (1) year from the date of completion of all of the
Improvements specified on Exhibit "B," for roadways subject to COUNTY permit
jurisdiction. Prior to release of any security held by the COUNTY for Improvements
which are under the permit jurisdiction of other governmental agencies, the
DEVELOPER shall submit documentation from the permit agency officially
accepting the Improvements and consenting to the release of security.
6. DEVELOPER agrees that the construction contract(s) for the Improvements shall:
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•
(a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for
an attorney selected by County Attorney to defend COUNTY, its officers
agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs,
and expenses, caused by negligent act or omission of contractor or
subcontractor, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any
person or property. The provisions of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered
necessary by Director of the Broward County Engineering Division and
County Attorney, any sums due DEVELOPER under this Agreement may be
retained by COUNTY until all of COUNTY's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by COUNTY.
(b) In order to insure the indemnification obligation contained above,
CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force
at all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. CONTRACTOR shall
specifically protect COUNTY and the Broward County Board of County Com-
missioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insureds.
(d) Comprehensive General Liability Insurance A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
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Products and/or completed operations for contracts.
• Broad Form Contractual Coverage applicable to this specific contract,
,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed,with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance.. Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00)per occurrence,combined single limitfor Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
(f) Workers' Compensation Insurance Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($1,00,000.00) each accident.
(g) CONTRACTOR shall furnish to the Broward County Engineering Division
Certificates of Insurance or endorsements evidencing the insurance
coverages specified by this Article prior to beginning performance of work
under this Agreement. The required Certificates of Insurance shall name the
types of policies provided, refer specifically to this Agreement, and state that
such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of DEVELOPER is completed.. All
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01/01/02 8
policies must b endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies
shall be furnished at least thirty (30) days' prior to the date of their
expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code, that developers install all required Improvements
prior to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party
for whom it is intended at the place last specified; the place forgiving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
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01/01/02 9
For the DEVELOPER:
• WILLIAM V. KEITH
KEITH & ASSO CIATES
------------------------------------=------------
, INC.
_3_01 EAST ATLANTIC BOULEVARD
POMPANO BEACH, -------------------------
---------------------------------------------
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit"B,"or all of the obligations under this Agreement are
fully paid and performed, at the request of the Developer or its successor and upon
payment of any applicable fees, COUNTY shall cause a Partial Release to be
recorded in the Official Records of Broward County, Florida evidencing such
performance. To the extent that the obligations set forth herein are divisible and
attributable to a specific parcel or portion of the Project, COUNTY may grant a
partial release of this agreement for a specific parcel or portion of the Project for
which this road impact obligation has been satisfied.
10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in
the Official Records of Broward County, Florida, against the property described in
Exhibit"A"to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
shall run with the property until fully performed. However, the amount set forth in
paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until
the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of
Lien for Required Offsite Improvements."
10. VENUE; CHOICE OF LAW Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define,describe, extend or limit the scope or intent of this Agreement, nor the intent
of any provisions hereof.
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13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
• unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the.specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES The parties hereby agree to execute,acknowledge and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement.
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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01/01/02 11
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair and Vice
Chair, authorized to execute same by Board action on the ------ day of
--------------20__,and........_.................through its duly authorized
representative to execute same and the CITY, signing by and through its
---------------------, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its -
BOARD OF COUNTY COMMISSIONERS
--------------------------- BY--------------------
County Administrator and Ex- Chair
Officio Clerk of the Board of
County Commissioners of ----- day of------------, 20--
Broward County, Florida
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
• 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By.............................
Assistant County Attorney
----- day of----------- 20—_
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01/01/02 12
•
DEVELOPER-CORPORATION/PARTNERSHIP
Witnesses (if partnership): DANIA FARMS, LTD.
-----------------------------
Name of to ( r r o /partnership)
- ----- By _______
(Signa�e� — (Signa ure)
Print n me' c „s _�_&5 Print name: E. CLAY SHAW, JR.
-----------
-----------
Title: GENERAL PARTNER
------------------------ --
----- - -------- Address: 700 CORAL WAY
(Sig tur FORT 1XIT—RDALR, FL --
------------------------
Pri na e:
day of c1�t__- 20A Z
ATTEST (if corporation):
-------------------------- (CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:__---___
--------------
ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
204q;- by EcLa��HAW�_zg-----------------, as
ONFRaT. ARTNFR------Of—_.DANIA FARMS LTD.............a_ FLORIDA
XXKW /partnership, on behalf of the corporation/partnership. He or she is:
Npersonally known to me, or
]produced identification. Type of identification produce
NO I
(Seal)
M commission expires: name:
<"�••°i'° JOEL K.GUSTAFSON
MY COMMISSION#DD 086048
EXPIRES:January 31,2006
gyp,'; Y•`' Bonded Thru Notary PLrb k Underwriters
CAF#450
01/01/02 13
CITY
(If Property is located within a City)
WITNESSES: CITY of_DANLA-BEACH__________
- ------------
n __
i L� , Mayor-Commissio er
-- +
---J Al day of OQ�/
AT EST.
B y- --
- ---- ----------- v,, ity Manager
City Clerk
1� day of�� 20G,2-
APPROVED AS TO F RM:
By---�--- T-=-'---= -----------
Ci y Attorney
CAF#450
01/01/02 14
EXHIBIT "A"
LAND DESCRIPTION
The C. I .D.B. Plat, according to the Plat
thereof, recorded in Plat Book 140 at
Page 28 of the Public Records of Broward
County, Florida.
i
CAF#450
01/01/02 15
08/01/2002 12:15 9545772324 EC EN3 DIV/ENG SERV PAGE b'_
Auyu T 01, 2002 =RR T�' ENGiNEEk1N DIVISi ParJe f of 2
VD DRAINAGE SECTION
• Plann!"a 0,_ 153-MP-86 Sub#: 1
PlAt NMI—r C.I.D.8. PLAT
Control#: 89RN188 ,Security#: 618 93 15 Released Gate:
Bonn Amt.: $ 111,834,64 Released Amt.: $ 0.00 Total Current,Amt.. $ 111,834,54
Project#: 000000000 Street dame: 10 ST Jurisdiction: DANIA
Improvement: OFFSITE IMPROVEMENTS
Imp Code: MARKING/SIGNS Original Amt.: $ 4,792,81 Remaining Amt.., $ 4,792.al
its/Ifs Hate: Accepted Date: Released Date.
Project#: 000000000 Street Name: 10 ST Jurisdiction. DANIA
Improvement: (2)ADJACENT TO THIS FLAT
Imp Code: LANEAGE Original Aunt.: $ 81,601.41 Remaining Amt., $ 81.501.41
W/M Date: Accepted Gate: Released Date.
Project# 000000000 Street"dame: 10 ST Jurisdiction: DANIA
Improvement: ADJACENT TO SAID PLAT
Imp Code: SIDEWALKS Original Amt.: $ 2,605.25 Remaining Amt.. $ 2,605.25
WIM Date: Accepted Date: Released Date:
Project 000000000 Street Name: 10 ST Jurisdiction: DANIA
Improvement: ES RIGHT AT THE 60 FOOT OPENING 125190
Imp Code: TURN LANE Original Amt.: $ 5,781.95 Remaining Amt.: $ 6,781.95
WIM Date: Accepted Date: Released Date:
Project#: 000000000 Street Name: 10 ST Jurisdiction: DANIA
improvement: WS LEFT AT TAYLOR ROAD 2001100
Imp Code: TURN LAPSE Original Aunt.: $ 8,076.56 Remaining Amt.; $ 8,076.66
WIM Bate: Accepted Date., Released Date:
VV/G1/LVV4 1:.1:J =.!4Jl lG.3_4 ZU =M;l U1VI-Nu 7=Mv rout I7J
August 01, 2002 gRIL FErJ �l1N NGIN fNG D II IdN Page 2 of 1
PAVING AND DRAINAGE SECTION
!#-I yin #: 153-MP-86 Sub M 1
Pl.@t(dame: C.I.D3. PLAT
Project : 000000000 Street Name. TAYLOR ROAD Jurisdiction: DANIA
Improvement: NB LEFT AT NE 10 STREET 2001100
imp Code: TURN LANE Original Amt.: 8,076,v3 Rarnaining Amu $ 8,076.56
1a IM Date: Accepted Date: Released Date:
Control M 89RN189 Security#: 618 93 14 Released Date:
Band Amt.: $ 10,000.00 Released Amt.: $ 0,00 Total Current Amt.: $ 10,000.00
Project M 000000000 Street Name: 10 ST Jurisdiction. DANIA
Improvement, AT THE INTERSECTION OF TAYLOR ROAD
Imp Code: TRAFFIC SIGNAL Original Amt.: $ 10,000.00 Remaining Amt_: $ 10,000.00
iArIM D : Accepted Date: Released Date:
End aE Report., 1mP8yP1 o
s
' 4LL 98-41AN357 TM001
,ARAY,ES7. 07 09-98 11:_FPM
j ?x 1427
:p ..+.L Fl3Ji^! y A.7A
DOCU. STiiM[S-DE.E.11
HIS INSTRUMENT WAS PREPARED BY AND
SHOULD BE RECORDED AND RETURNED TO:� gECVD.SROWARD CN1Y t` David G. Murray, Esquire
DAVID G. MURRAY, P.A.
321 Southeast 15th Avenue COUNTY ADMIN.
Fort Lauderdale, FL 33301
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this day of June, 1998, by
JOHN L. SHAW, a single man, Grantor, whose post office address is
15670 Bellanca Lane, West Palm Beach, Florida 33414, to DANIA PAP145
LTD., a Florida limited partnership, Grantee, with a post office
address of 700 Coral Way, Fort Lauderdale, FL 33301
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND NO1100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, convey and quit-claim unto the said
Grantee, all the right, title, interest, claim and demand which the
said Grantor has in and to the following described real property
I lying in the County of Broward, State of Florida, to wit:
1 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This deed was prepared at the request of the Grantor and without
the benefit of an examination of title.
TO HAVE AND TO HOLD, the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity, and claim
whatsoever of the said Grantor, either in law or equity, to the
only proper use and benefit of the said Grantee forever.
IN WITNESS WHEREOP, Grantor hereunto sets Grantor's hand and
seal the day and year first above written.
Signed, sealed and d livered
in the pr ce
i
l�
a ure rst Witness HN SHAW
Printed name of first Witne4ds p
Signature of second witness ro
1f1lorr�t/Txoup.0 �
Printed name of second witness C3
CA
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
day of June, 1998, by JOHN L. SHAW, a single man, who is ersona y
C�nown to m - or has produced
identi ication.
urtlClAl.\�:iAWY SF�11. NOTARY �/sE/li%w Alec 4R
WUSF.ANN TARA5U1(
•-•• NOTARY PUBLIC STATE OF ADR IDA
COMM61910\NO.cc5w"4
V Y('OM MI9SN t:\PAR NOV.12.1D00
EXHIBIT "A"
LEGAL DESCRIPTION
Parcels A, B & C of THE RITA W. SHAW PLAT, as recorded in Plat
Book 146, Page 25, of the Public Records of Broward County,
Florida.
Tax Folio No.: 0227-11-00100 - Parcel "A"
0227-11-00200 - Parcel "B"
0227-11-00300 - Parcel "C"
TOGETHER KITH
Parcels A, B & C of C.I.D.B. PLAT, as recorded in Plat Book
140, Page 28, of the Public Records of Broward County,
Florida.
Tax Folio No.: 0234-51-00100
TOGETHER WITH
f
Parcels A & B of D.D.X. PLAT. as recorded in al_r ao_4 121
Page 19, of the Public Records of Broward County, Florida
Tax Folio No.: 0227-10-00100
t
I
1ECORDEO IV THE OFFICIAL RECORDS-40t
Of BROWARD C-M.M.FLORIOA
cmwry ADMIT IaSRATOR
N
� III
f\f
v '
s
WILL CALL98-400� Taaa3
OAViD G MURa,tr ;; 59 t 1 c c6AM
P.G.Box 2_1 07-08-98
fT.LAUOEROAIE ...,;,
553,aa
•
.HIS INSTRUMENT WAS PREPARED BY AND poCU. STAMDS-DEED SHOULD BE RECORDED AND RETURNED TO: BROWARO CNTY
David G. Murray, Esquire RECVD.
DAVID G� MURRAY, P.A.
321 Southeast 15th Avenue COUNTY ADMIN.
Fort Lauderdale, FL 33301
QUIT-CLAIM DEED
xyv
THIS QUIT-CLAIM DEED, executed this o day of June, 1998, by
E. CLAY SHAW, JR., a married man, Grantor, whose post office
address is 700 Coral Way, Fort Lauderdale, Florida 33301, to DANIA
FARMS LTD., a Florida limited partnership. Grantee, with a post
office address of 700 Coral Way, Fort Lauderdale, FL 33301
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND NO1100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, convey and quit-claim unto the said
Grantee, all the right, title, interest, claim and demand which the
said Grantor has in and to the following described real property
lying in the County of Broward, State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
IThis deed was prepared at the request of the Grantor and without
the benefit of an examination of title.
The property conveyed herein is not and has never been the
homestead property of the Grantor. Grantor resides at 700 Coral
Way, Fort Lauderdale, Florida 33301.
TO HAVE AND TO HOLD, the same together with all and singular
• the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity, and claim
whatsoever of the said Grantor, either in law or equity, Lo the
only proper use and benefit of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
Signature of first Witness E. *Y1
�y/le,- Q C 4,7 e,'o%,-
Printed Pe Pfst i e s
ao
>s
S' nature of second witness Nt
Printed name of second witness
N
STATE OF FLORIDA G
COUNTY OF BROWARD CA
v
The foregoing instrument was acknowledged before me this RO7 HD c
day of June, 1998, by E. CLAY SHAW, JR. a married man, who is
personally known to me or has produced as
identification.
• t
EXHIBIT "A"
LEGAL DESCRIPTION
Parcels A, B & C of THE RITA W. SHAW PLAT, as recorded in Plat
Book 146, Page 25, of the Public Records of Broward County,
Florida.
Tax Folio No. : 0227-11-00100 - Parcel "A"
0227-11-00200 - Parcel "SO
0227-11-00300 - Parcel "C"
TOGETHER WITH
Parcels A, B & C of C.I.D.S. PLAT, as recorded in Plat Book
140, Page 28, of the Public Records of Broward County,
Florida.
Tax Folio No. : 0234-51-00100
TOGETHER WITH
Parcels A & B of D.D.K. PLAT, as recorded in Plat Book 131, i
Page 19, of the Public Records of Broward County, Florida
i
Tax Folio No. : 0227-10-00100
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60A OF COUNTY COMMISSIONERS, BF 4RD,.;COUN7Y, FLORIDA.
DEVE ®PMENT REVIEW ` REPORT
ell Office of Planning, Development Management Division
AGENDA NUMBER: ,
MEETING OATS 9/22,
ACTION DEADLINE: -------
cOUNS'4 5 OEFERAEO 9/15/87
PROJECT DESCPIPTION FROM: 8/04/87, 9/01/8'
NAME: C. I .D.6: PLAT NUMBER: 153-V1-8E
APPLICANT; G,AYLE SHAW PETERS, E. CLAY SHA1,,, JR. A':D -JOH',' L. SHr•r;
AGENT: Keith & Schnars, P.A.
LOCATION: SOUTHEAST COR::ER OF TA,YLOR ROAD AND NE 10TH STREET
JURISDICTION: DA";IA SEC/TWP/RNG: 27-50-4Z, COSH F
DIST: -
PLATTED AREA: 3.94 ACRES GROSS AREA (L.UP) : K/A
LAND USE
FF"-XISTING USE: VACANT EFFECTIVE PLAN: DANIA
POSED USE/DENSITY: PLAN DESIGNATION/DENSITY:0 R00N', HOTEL INDUSTRIAL
ADJACENT USES: ADJACENT PLAN DESIGNATIONS:
NORTH VACANT NORTH ILini1S!DIAI
SOUTH VACANT SOUTH INDUSTRIAL
EAST VACANT EAST INDUSTRIAL
VEST VACANT WEST INDUSTRIAL
EXISTING ZONING: IRO PROPOSED ZONING: NSA
SERVICES
WASTEWATER POTABLE WATER
PLANT: HOLLYWOOD PLANT: DA";I A
DESIGN CAPACITY: 38.0 MGD DESIGN CAPACITY: 3.0 MGD
PEAK FLOW: ( 7,187) 61 .8 MGO PEAK FLOW: 2.469 NGO
AVG FLOW: ( 7/87) 34.7 MGO EST PROJECT FLOW: N/A MGO
EST PROJECT FLOW: .0225 MOO COMMENTS: Sufficient ca^acity exists
COMMENTS: Connections are currently to serve this plat.
being approved to this plat.
PARKS: g0NEY-IN-LIEU OF LAND BASED ON:
LAND DEDICATION LAND VALUE DWELLING UNITS
NEIGHBORHOOD PPAA REVIEW tl�ITM NSMJICIIPPAALLI�TIES.S. LOCAL N/A
REGIONAL N/A
ROADS: TRIPS GENERATED/ATTRACTED YMPACT FEES
RESIDENTIAL USES , N/A
NON-RESIDENTIAL USES 1 ,576 S7 680.00
TOTAL 1 576 $7 680.00
RECOMMENDATION
(SEE ATTACHED CONDITIONS)
APPROVAL: Subject to staff recommendations and
conditions which shall assure compliance PREPARED: N"I' .
withthe standards and requirements of TYPED: az_-
Ordinance 81-16 as amended. REVIEWED:
r—
APP.: r',�---
30-OM-17 0M17A.T0D
2 of 5
C. I .D. B. PLAT
( 153-►IP-86)
STAFF COMi,icNTS
1 ) Staff recommendations pertaining to this plat are based on the use
being a 150 room hotel .
2) Trafficways approval valid for 6 months. Approval received 6/25/87 .
3) Applicant has been informed that any development must conform to the
Tree Preservation Code No. 33 112 If any trees are to be removed or
relocated .
4) Applicant has been informed that an E.Q.0. 6. Dredge & Fill LiCerSe
will be required .
5) Applicant has been informed that a 6roward County Water Management
Works permit will be required prior to the construction of any water
management works as defined in Chapter 36.
6) Required improvements shall be completed prior to the Issuance of
Certificate of Occupancy, unless an agreement is approved by ,the
County Commission phasing the Installation of improvements to
correspond with development phasing.
7) Applicant has been informed that Engineering Division recommendations
for this plat may be modified if significant conflicts are identified
by details Included In the submitted construction plans.
R) The attached letter dated 9/15/87 has been received from the Florida
Department of Community Affairs regarding the DRI status of this plat.
9) The attached letter has been received from the Aviation Department .
10) Deferred from County Commission meeting of 8/04/87, 9/01/87 and
9/15/87 for determination of possible DRI status.
IaFF REOMMENDATIONS
NON-VEHICULAR ACCESS LINE REQUIREMENTS
1 ) Along the ULTIMATE right-of-way line of NE 10 Street, Inc Iud1no the
chords, and extending along Taylor Road for a minimum distance cf 300
feet, except for a 50 foot opening at the east plat limits. This
opening to be marked for RIGHT TURNS-ONLY.
ACCESS EASEMENT REQUIREMENTS
2) 50 feet wide by 75 feet deep, as measured from the ULTIK4TE
right-of-way line (or an extension of the right-of-way for an ultimate
right turn lane at the opening) , on NE 10 Street at the 50 foot
opening. -
ACCESS REQUIREMENTS
3) The minimum distance from the ULTIMATE right-of-way line of the
traf f icway, at any Ingress or egress driveway, to the outer edge of
any interior service drive or parking space with direct access to such
driveway shall be 50 feet.
4) For the two-way driveway in a 50 foot opening, the minimum pavemeni
width shall be 24 feet, the minimum entrance radii shall be 30 feet.
RIGHT-OF-1AY REQUIREMENTS (Dedicate)
5) For an ULTIMATE eastbound right turn lane on NE 10 Street at the 50
foot opening ( 125 feet of storage, 90 feet of transition)* . include
the area bounded by any entrance radii .
6) To comply with the 6roward County Trafflcways Plan or, NE 10 Street, a
120 foot major arterial ,
3 _
TAR;; LA;;� I •;r KGVc•IEi:TS ( ins For anc Construct)on trust)
7) An eastbound right turn 1 an_ on NE 10 Street at the 5 , feet G ��. i r,_
( 125 feet of storae, 90 feet of transition)* . V
c) A northbound left turn lane on Taylor R3ac at NE 1C Street ( 2 f�
cf stcrbye, 1J feet of trans ition)R.
5) A westccund left turn lane on NE 10 Street at Taylor Roa,; ; 2:_ fE t
storage, 1GG feet of transition)R .
'Tne length of the stora;e lane is measureC fro tr,E: e-,- 7,,u tLr._ -
to the point of curvaturE Of the turn i nl. roams ray or tr,E _ I n7 i
the cnorC In the case of r i gr,t-of-vya y.
k'l,edIan opening design to inc IuoE acceptaole ve'', icular turn in_ r;:
The length of the storage lane is measured from the erz Of triE tar::-
to the point of curvature of the median opening .
TRAFFIC',;i�YS IMPROVEMENTS ( wnc For and Construct)
10) Two lanes on NE 10 Street adjacent to this plat.
S I S NP,L I ZAT I ON I MPROVEIfENTS ( Fond For and Construct)
1 1 ) tone or letter of credit to extend to two ( 2) years after co, I et i o
of the total development. During that tine the Traffic En_ inee- irl_
Division w i I I perf cru; the rec;u i red studies to deter;;,i ns t„e rnee-- f:.r
• signalizatior• . If no need is determined, the deveioper r,,,a; br
released fro.a this obligation .
2 percent of the installation cost .of a traffic si nil at tn;.
intersection, of NE 10 Street ant Taylor Road in tneVar;, rt of
i1J,G0u.
F r,VC T W° %RKI NaS h1iH--') SIG;-'S ( EjonC For ar,C Construct)
Li A baverr;�nt mar(. In_ an� s 1;:n in., plan , three cop I es , Inc I u I n� �T
est i Tats sna I 1 be prov ice'. to the Traf f is Eng i neer i r;; i v 1 s i e-: . �,! .
pavement markings shall be tnermocl act ic . Pavement markin_s ar._
signing materials shall be fully ref leztorizel. with hign intensity
r,aterials. No bond amounts wiI I be approved without ap rove,; PaveM- ,-.T
(•larking and Slgning plans . N3 bones snal l be released witnc 1 f ieie
inspection and final approval by the Division of all materials ,
installations and locations.
NOTE: Tne amounts requires for pavement markings and signs are r,:.t
included in the guaranty amounts required for roadway i;rprcve;,er;rs,
turn lane i mprovernents, etc. , as ca I cu I ated for any spec i f i eL i r, tns
Development Review Report for this project.
SIDEWALK REQUIREMENTS ( ibnd For and Construct)
• 13) Along NE 10 Street adjacent to this plat.
GENERAL RE000M!-IENDAT IONS
14) Ad benchmark elevations .
15) Aac centerline: for NE 10 Street and Taylor Roao .
16) Provioe proof of safe and acequate paved access to the site.
17) All construction r,.ust include all necessary transitior:s tc existi
pavement, the len-tns of whicn snall be aeterrninec by the
of the roadway.
1S) Tne developer shall ue resronsidle for tree cost of relo__-in.
,ltilities, facilities, traffic control ;ol ;s, intz-;r con ne 1
ca I eB, an 3 rel `etc.: eJi:i p;r,;:-t as nece5s�)r )' t:: co.--. I et:: rE: L. I r
i�.;rcve-;e r.ts .
4 c, 5
19) Provide sufficient rao:side recovery area wnerever a roatwa;• cross_
or is adjacent tc a c,oey of water . In those cas s wnere it is
Getarmine.: by the Fuol is works De� artr.aht that minimu :, star:car,,s fir
sufficient roadside recovery cannot be met, guartrails mu_' Ce
provided . Request for tnis detarininatior, rust be mace GJrin- t(�L
pre l im i nar y rev i ew process . Where specific ap,-,rova l , by tr,
Department, for use of guardraiIin; nas not beer ootainec. prior t:,
Count y Comr:i ss ion rev i eo. , staff recorm,-,er,dat ions sno I I be that o-, l ,
sufficient roadside recovery areas be used for constrccTiOr: .
K) All designs, construction, stuJie_ , etc. , silo) I cor, Crl.. TC t,'c
a; pIicable sections of the foIIowin ,:
a. Un i ted States Department of Transportation : ". ,ar,u:. l c,
Uniform Traffic Control Devices" (I,uTOD) .
b. State of Florida Department of Transportation :
1 . "iilanu:l of Uniform Minimum Standards for Desiyr• ,
Construction and I•laintenance for Streets any Hiyn"ays ."
2. "Traffic Operations Standard ."
3. "Road Design Standards."
In addition. all designs for construction shZl I be certif ie- U f
Professional En- ineer or Land Surveyor, re,: isteret in the Stet:
of Florida, that they meet tnc standards included in D. 1 .
21 ) Update ownersnip certificate.
22) Ootain current tax letter .
23) PiaV.e oraftin:: corrections .
24) Submit (seven) 7 sets of construction plans and the re�uire_ Favinz,
and Oralne e Plan review cNrlication, Form P.D .R. to tr:�;
Engineering Division, Rigr;t-of-'"ay Section for �n_y worK in a GJur,ty'
right-of-way or for �r,v worn in a roar, right-of-way del ineatet on the
a-owarc County Traff ic►:ays Plan. Approval of these plans c,u:t De
o;;tained from the Engineering Division prior to plat recordatior:
and/or commencement of construction.
25) SubMit a Eater Hana ement Plan for review prior to tree recorcatior, of
the plat. The plan sh:Il contain sufficient information for the ;E.ter
Management Division to make a determination that the proposed plat is
consistent witn Ordinance 61-16 (as amended) , Section 5-19:, (d ) .
26) Place a note on the face of the plat designating that the property is
• within Zone 6 of the Noise Exposure trap for the Ft .
Lauderdale-Hollywood Airport. _
27) bond for all required improvements prior to plat recorcation.
25) Provide the utility easement as requested by Southern bell ( see
attacnez ) .
29) Provide the utility easement as requested by FPL (see atta:.ne: ) .
3-0 Place a note on the face of the plat readin-,:
This plat is restricts: to a 150 roar; hotel . The rnaxic.ur, bullcir;�
ne i gr,t fc>r try I s p I of i s rEstr ictec tc 77 .4 feet acove mcar,
accordir,-_. tc the criteria of Feceral Aviation ke :ulatic;ts Fart 77 ,
Subpart :. (UDSTrCctior. Standards) . Tnis note is requires Gy' � f.apter
5, hrt i C l i l i:, tfO::crC Cout t y �:Ce of ()rc i nances, cr;- �)' Uc a::'�^�-
uy a�r6c. :-' ? n'Itli ors ar , ..OuritY.
EVELO►PENT IIAiI!►Ue1M WL IOq
OFFICE OF ►LAOIING
DATE: 6/12/E7
PROJECT DESCRIPTION
ppogC-r C. I .D.S. PLAT 0ER: 153-
x
PROPOSED : 150 ROOM HOTEL
TR8►�: TOTAL WORK. PRODUCTIONS = 4E
TOTAL SHOFFIN:; PRODUCT10�,S 221
TOTAL OTHER PRODUCTIONS = 551
TOTAL NON HOME-BASED ATTRACTIONS = 75�
TOTAL TRIPS 1576
TOTAL WPACT BRIE: 176E0
TRIP ASSIGNMENTS
A C
ETA1YtA1 ADWAY G1�T
GUIPACT "
A t�t�
TOTAL ►EE
U1 i VERS ITY DR . 6L1) 46452 93 .6 1 6:
FRO!;: PETERS RD 49615 17076 34 .4
TO: SR 64 16 C .1
SEG NO: 566 63544 12E .1
US 1 4LU 36099 109.3 S 75E
FROM: NW 4 ST 33000 154E 4 .6
TO: NW 2 ST 48 0.1
SEG NO: 710 37695 114 .0
HOLLYWOOD BLVD 4LU 38917 147 .1 S 523
FROM: N 24 AV 26450 2201 6.3
TO: 1-95 7 0 .1
SEG NO: 854 41125 155 .5
US 1 4LU 36099 109.3 S 52G
FROM: NW 2 ST 33000 958 2.9
TO: DANIA BEACH BLVD 29 0.1
SEG NO: 711 37086 112.3
O UNIVERSITY DR 61.0 38685 77 .9 S 413
FROM: BROWARG MALL ACCESS RD 49615 14115 _28.4
TO: .3 WALE LE N OF PETERS RD 12 0.1
SEA NO: 564 52812 106 .4
s
tVC M1�f
STATE OF FLORI ® A
DEPARTMENT OF COMMUNITY AFFAIRS
3571 EXECUTIVE CENTER CIRCLE, EAST o TALLAHASSEE, FLORIDA 33399
Sol MAftTINEZ THOMAS G,PELHA,V
Goxrnor kcrel y
September 15, 1987
Mr. Donald L. Xowell
Director
office of Planning
Governmental Center
Room 329 , Third Floor
115 South Andrew& Avenue
Fort bauderdala, Florida 33301
Dear Mr. Xowall ;
The Department has received your latter dated June 15 , 1987 ,
with a copy of the the application tot final plat approval for
the six-story, 15o room hotel known as the Hampton Inn located in
the City of Dania, Broward County. According to the inforr.ation
submitted in your letter and in the application, the Hampton Inn
site is located directly adjacent to the Crowns Plaza Hotel and
is located on property owned by the same individuals who own the
Crowne Plaza Hotel mite.
The Crowne Plaza Hotel is a 349 room hotel which received a
Binding Latter of Interpretation of Development of Regional
(DRI) Impact Otatus (File No. BLID®1186-023) gram the Department
on July 17, 1966. The binding letter .-'or the Crowne Plaza Hotel
determined that the yroject was not a 'RI. The binding latter
also concluded that an adjacent 35-acr,, parcel, also owned by the
@ame individuals who own the Crowna Plt.ze Hotel Igite, was rot
part of the development plan for the Crowne Plaza Hotel Since
there was no sharing of infrastructure between the Crowns Plaza
Hotel and the adjacent parcel . Additionally, the binding letter
concluded that any development of the adjacent parcel would be
considered cumulatively in terms of the guidelines and star.daras
contained in Chapter 27F,-21 Florida Administrative Code (F.A. C. ) ,
and its associated impacts, ahould the same be aggregated With
the project site.
SEF 1` T7 13c0.1
Mr. Donald L. Kowell
September 15, 1987
Page Two
In addition to the final plat application and your lattar,
the developer of the Hampton Inn site has submitted further
information regarding the project to the Department. This
information represents that the proposed Hampton Inn and the
Crown* Plaza Hotel developments will not:
I. Jointly use internal roadways, except for publicly
dedicated roadways required by the City of Dania and Broward
County and constructed in accordance with the City and County
transportation plans.
• 2 . Jointly use internal recreational facilities , parks or
other anenitias ,
3 . Jointly use water or sewage facilities oxcept as
required by the City of Dania and Broward County.
4 , Jointly use drainage or storm water management facilities .
Based upon the information submitted by the developer of the
Hampton Inn, it appears that there is no sharing of infrastructure
between the Crowne Plaza Hotel and the proposed adjacent Harpton
Inn development. Furthermore, there is no evidence of a
master plan of devalopment for the two parcels. Therefore, it
appears that the two parcels are not aggregated for the purposes
of Chapter 380. 06, Florida Statutes m s . ) . However, since the
owners of the property or the developers of the proposed Halr,pton
Inn have not applied for a Binding Letter of Development of
Regional Impact Status, this letter is not a formal determination
whether the two developments constitute a DRI. The Departrent
reserves all rights pursuant to Chapter 380, F.6 . , concerning
this development and further raview of the project or projects
may be required at a later date or if the development plans are
substantially changed.
If you have any questions or comments concerning -this matter,
please call John I. Bailey in the Division of Resource Planning and
Management, Bureau of Resource Management at (904) 488®4925.
sincerely yours,
J&4-Pl @ZpAa'-�
Thomas G. Pelham
Secretary
TGP/jbc
cc: Air. Jack Osterholt
Mr. Gerald Kni ght
Mr. William Ke1th
Mr. Joseph Roles
Mr. Paul Maxwell
6d
Dffice of Planning
Governmental Center
o o Room 329, Third Floor
g oQ 115 S. Andrews Avenue
9�p COL#Nt'q•E` Fort Lauderdale, Florida 33301
Phone (305) 357-6666
June 15, 1987
Mr. John I . Bailey
Planner IV
State of Florida
Department of Community Affairs
2571 Executive Center Circle East
Tallahassee, FL
RE: D.D.K. Plat (066-M°-86)
C. I .D.B. Plat ( 153-MP-86)
(BLID-1186-023 - Crowne Plaza
Hotel )
Dear Mr. Bailey,
Broward County has received an application for final plat approval for a six
story, 150 room hotel on' property located on the south side of NE 10th Street
near Taylor Road in the City of Dania, Florida. The plat is known as the
C. I .D.B. Plat.
The property is located directly to the south of the D.D.K. Plat a.k.a. Crowne
Plaza Hotel , which proposed 349 hotel rooms and was the subject of BLID-1186-
023.
The applications submitted with these plats indicate that they are owned by
the same persons.
The Broward County Aviation Division has indicated to us that the proposed
150 room hotel on the C. I .D.B. Plat could pose similar hazards to those out-
Ilned in the attached letters from the Department of Transportation, regarding
the Ft. Lauderdale Hollywood International Airport.
We request the Department's advice as to whether the two (2) plats constitute
a Development of Regional Impact.
As the C. I .D.B. Plat may be scheduled for the July 7, 1987 County Commission
meeting, an expeditious response will be appreciated.
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS
Scott I, Cowan Howard Craft Howard Forman Nicki Engiander Grossman Ed Kennedy Sylvia Poitie, Gerald Thomps,
An Equal Opportunity Employer
Mr. John I . Bailey
Page 2
June 15, 1987
The following items are attached:
I . Copy of D.D.K. Plat and application.
2. Copy of C. I .D.B. Plat and application.
3. Letters dated August 18, 1986 and August 29, 1986 from the
Florida Department of Transportation.
Your cooperation is appreciated.
Sincerely,
29e-'4al "0�4L�e
Donald L. Koweil
Director
DLK:DD:dah
Attachments
cc: Mr. L. A. Hester, County Administrator
Mr. Bill Keith, Keith and Schnars
Mr. Gerald Knight, Gustafson, Stephens, Ferris, Forman 8 Hall , P.A.
Mr. Jack Osterholt, South Florida Regional Planning Council
Mr. Paul Maxwell , City of Dania
Mr. Ray Lubomski , Broward County Aviation
•
. a
Florida Department of Transportation
• «areo H,,, r 6 ,eS W!5 .. ..S•.e tan n n
+ +t+.♦ o0+)7�0+•I G6+ trrvvii:+ +t6e'.
CID vEpaON
t[CR[Ta.r
August 18 , 1986
Aar. Walter H. Wulff , Airspace Specialist
Airspace & Procedures Branch, ASO 532 .2
Federal Aviation Administration
Post Office Box 20636
Atlanta, Georgia 30320
RE: FAA Aeronautical Study r,
86-ASO-474-OE
Broward County
Dear Mr. Wulff:
The Florida Department of Transportation, Division of Putlic
Transportation Operations , Aviation Bureau , objects to the
proposed building construction in Dania, Florida at a height of
7216" above ground level 48016" AMSL) for the following reasons :
Violates Federal .Aviation Regulations :
77 . 23 (a) (5) by 37 feet, its height above 44 feet AMSL
reference Ft. Lauderdale International Airport's approach
surface for Runway 27L.
77.23 (a) (5) by 3.1__feet its height above 77..4 feet AISL the
Departure Obstacle Identification Surface-for the approved
planned extension to Runway 9R.
Violates Chapter 333 , Florida Statutes:
333.01 (3) - Constitutes a defined 'Airport Hazard" in
exceeding obstruction standards of 14 CFR Section 77.23 .
333.02 (1) m The obstructions standards exceeded result in
reducing the size of the safe area available for takeoffs and
landings for a planned airport runway improvement thus
impairing the utility of the Ft. Lauderdale International
Airport and the public investment in it.
Ft. Lauderdale International Airport is rapidly approaching
the level of aircraft operations where its single precision
approach runway will be saturated. In order to alleviate this
condition and accommodate the needs for future growth, ongoing
Piaster Plan improvements call for lengthening and widening Runway
9R/27L to meet air carrier precision approach requirements. Due
pair. Walter H. Wulff
August 18 , 1986
Page 2
to the combination of high land costs , population densities an6
ecological considerations , sites to build future airports to
handle aviation growth are severely limited to non-existent in
the entire Southeast area of Florida. It is therefore mandatcry
to preserve the maximum growth potential of existing airports in
this area and .to provide for the growth through active airport
improvements. A parallel East-West precision instrument runway
suitable to meet air carrier requirements is' the only practical
means of providing for Ft. Lauderdale International Airport ' s
immediate growth needs .
Request the FAA issue a Hazard Determination for this
proposed structure as it will have a significant adverse
aeronautical effect on the potential for all future IFR
operations on Runway 9R/27L. The penetration of the building as
proposed into the approach and departure surfaces may in fact
prevent establishing a precision instrument runway of a length
that is sufficient for safe air carrier operations. It is also
requested that Broward County and the City of Dania refrain fro:-,
issuing any construction or zoning permits as not being in the
best interest of the general public and the public ' s inves=ent
in a major air carrier airport.
Sincerely,
6Bu
J k K. ohn n, Chief
eau Avi ion
JKJ/anb
cc: Tim Campbell, Broward County Aviation
Ray Lubomski, Broward County Aviation
per. Cos Tornesse, Broward County Building & Zoning
Xr. Gerald F. Thompson, Chairman, Broward County Commission
Bon. John Bertino, Mayor, City of Dania
Mr. pawl xwell, Building Department, City of Dania
Robert Billingsley, FAA ADO, Orlando
mr. Walt Ferarri, Air Transport Association
•
Florida
y,
Depar-.t.ment_ of Transportation
' Moyw Bumf awle-^q W5 S.-S,4°!"."I Ton n nH oio'.eo 3230'.636d T°4o�a'#
0E4GaAwAU C- TwOeoASE Dae�rOy
GOvtsMUp �cr `^5 SECNEy.F+,
August 29 , 1986
Mr. Cos Tornesse —,
Tarpon River Building =
955 S. Federal Highway
Ft. Lauderdale, F1. 33316
RE: DAVJOY, Inc. t Air. David D. Katz �
Proposed Building Construction
FAA Aeronautical Study No. 66-ASO-470-OE
Broward County F ��
Dear Mr. Tornesse :
Attached is a copy of this agency' s objections to DAVJOY ,
incorporated' s proposed construction in the vicinity of Griffin
and Taylor Roads near the Southeast corner of the Ft. Lauderdale
International Airport property. We respectfully direct your
attention to our request of the local authority to refrain from
issuing any construction or zoning permits. Our objections and
our request in the attached letter are concerned with significant
adverse effect on aeronautical operations resulting from the
construction as proposed. There are , however, additional
concerns in the areas of public safety and land use compatibility
not normally considered by the FAA in a Part 77 Aeronautical
Study. These are within the purview of state and local
authority.
The majority of the proposed structure lies within the
designated Clear Zone for aircraft landing on Runway 27 Left and
departing Runway 9 Right. This area represents both the zone of
greatest aircraft accident potential and the zone of highest
aircraft generated sound levels. This zone is not compatible or
safe for any type of high density human habitation or gathering
purposes. Allowing construction of this type structure in this
area is not in the best interest of public safety as it creates
the potential for a disaster of major proportions. This Agency
would object to any building, zoning or other permits allowing
such incompatible land usage. _
Your attention is 'also drawn to Florida Statutes Chapter 333 ;
Airport Zoning, which requires "every political subdivision
having an airspace hazard area within its territorial limits" to
adopt airport zoning ordinances. Our records indicate Broward
County has complied with the Statute, while the City of Dania
shows no airport zoning ordinance nor any Intergovernmental
Agency Agreement adopting the County's ordinance. If our records
are not current or correct, we would appreciate current copies of
the appropriate enacted regulatory documents. This is extremely
important in that under provisions of F.S. Ch. 333, each person
must secure a permit for any structure exceeding the obstruction
•
Mr. Cos Tornesse
August 29 , 1986
standards of Federal Aviation Regulation, Part 77 from the
Department of Transportation unless the political subdivisions
have adopted adequate airspace protection.
We would greatly appreciate your cooperation in this matter.
Should you have any questions please contact Mr. Al Roberts of
our staff at (904) 488-8444 .
Sincerely,
J k K. hn n
Sur au C ief
AVIATION DEPARTMENT
1400 LEE WAGENER BOULEVARD
FORT LAUDERDALE. FLORIDA 33313
\ (305) 357-6100
July 14, 1987
Elliot Auerhahn
Office of Planning
Governmental Center
115 S. Andrews Avenue
Fort Lauderdale, FL 33301
RE: C.I.D.B. Plat 153-MP-86
Dear Mr. Auerhahn:
The above referenced project is within the Airport Airspace Plan of Fort
Lauderdale-Hollywood International Airport and specifically within the 7 :1
transitional surface area adjacent to the primary surface area for runways 9R
and 27L. The maximum building height is restricted to 77.4 feet above mean
sea level according to the criteria of FAR Part 77, Subpart C (Obstruction
Standards) . The proposed building appears to exceed this criteria by 3. 1
feet.
The applicant and (or) property owners shall submit one executed form set
(four copies) of FAA Form 7460-1 "Notice of Proposed Construction or
Alteration" to Walter Wulff, Airspace and Procedures Branch, East Point,
Georgia for construction of the building. The applicant and/or property
owner(s) shall also submit one executed form set (four copies) of FAA Form
7460-1 for the erection or construction of temporary construction equipment
which meets the notice criteria of FAR Part 77 Subpart B (i.e. cranes, etc. ) .
If you have any questions, please contact Grace Galiano at 357-6174.
iSincerely,
Ray and R. Lubomski
Assistant Director
Engineering S Planning
RRL/GG/tl
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS
Scott I.Cowar Howard Craft Howard Forman Nicki Englander Grossman Ed Kennedy Sylvia Poitie, Gerald Tnomps^^
An Equal Opportunity Employer
PARCEL °B'
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Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
Document prepared by:
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
AND
DANIA FARMS, LTD. its successors and
- ----------------------------------------
assigns, hereinafter referred to as "DEVELOPER,"
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of -DANIA_BEACIJ__ , a municipal corporation, created and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "CITY."
WHEREAS, DEVELOPER'S Project, known as THE RITA W. SHAW PLAT ,
Development Management Division File No. 130_MPi88 _, hereinafter referred to as
the"Project,"a legal description of which is attached hereto as Exhibit"A"and made a part
hereof;" and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on -JUKE 20, 19$_9___—, , subject to certain conditions to ensure
the protection of the public health and safety, and one of the conditions imposed at the
time of approval was the construction of certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, th parties agree as follows:
CAF#450
01/01/02 1
• 1. The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) DEVELOPER agrees to and shall construct the improvements described in
the attached Exhibit"B,"hereinafter referred to as the"Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit"B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be provided
for all of the Improvements and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering Division,which
Improvements shall be consistent with the previously approved plans.
(c) If property is located within a municipality, CITY agrees not to issue building
permits for construction of a principal building within the Project until such
time as DEVELOPER provides CITY with written confirmation from COUNTY
that engineering plans for the required improvement have been approved by
the Broward County Engineering Division and that DEVELOPER has
complied with paragraph 4.of this Agreement. If the property is located
within the unincorporated area,the COUNTY shall not issue building permits
for construction of a principal building within the Project until such time as
the DEVELOPER has complied with paragraph 4. of this Agreement.
(d) If property is located within a municipality, CITY agrees not to issue any
certificates of occupancy within the Project prior to completion of the
"Improvements" according to the schedule set forth in Exhibit "B." If the
property is located within the unincorporated area, the COUNTY shall not
issue any certificates of occupancy within the Project prior to completion of
the "Improvements" according to the schedule set forth in Exhibit "B."
(e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
CAF#450
01/01/02 2
Av:
• 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to
complete the Improvements described in Exhibit"B"and that all costs relating to the
installation of the Improvements will be borne by the DEVELOPER.
4. SECURITY AND DEFAULT.
PLEASE CHECK THE APPROPRIATE SECTION BELOW
[Xj (a) Lien.
(1) A lien is hereby imposed by the COUNTY against the real property
identified in Exhibit "A" in the amount of TWO HUNDRED SEVENTY-SIX THOUSAND
THREE HUNDRED FORTY-SEVEN Dollars ($ 276,347.on ).
Such lien shall secure the construction of the "Improvements"
identified in Exhibit "B" attached hereto. Such lien shall exist until
fully paid, discharged, released, or barred by law. The lien created
by this Agreement shall be superior to and shall have priority over
any mortgage on the real property described in Exhibit "A." The
DEVELOPER shall cause this Agreement to be executed by the
holder of any such mortgage, which execution shall constitute the
mortgagee's consent to such subordination.
(2) Prior to the DEVELOPER obtaining a building permit for construction
of any portion of the Project which,according to the schedule setforth
in Exhibit "B," requires the installation of the "Improvements", or a
portion thereof, DEVELOPER shall provide a form of security
acceptable to the COUNTY in the form of a letter of credit, surety
bond, or other acceptable security in the amount of
TWO HUNDRED SEVENTY-SIX THOUSAND THREE HUNDRED FORTY-SEVEN Dollars
($276,347.00__), in substitution of the lien imposed hereby,and
the COUNTY shall cause to be executed and recorded in the Official
Records of Broward County a release or satisfaction of the lien upon
the property described in Exhibit "A."
(3) DEVELOPER may elect to provide security for any individual phase
as listed in Exhibit "B," in order to release a portion of the lien
imposed on the Project for the individual phase. In that event,
DEVELOPER shall submit a cost estimate prepared by a Registered
Engineer for the "Improvements" required in such phase. Upon
acceptance by the COUNTY of the cost estimate, and payment by
DEVELOPER of any applicable fee, that portion of the Project shall
be released from the lien imposed and the total amount of the lien
shall be reduced by the approved amount.
CAF#450
01/01/02 3
(4) In the event DEVELOPER fails to construct the
poCOUNTY
. according to the terms and conditions of thisAgreement,
may recover such sums from DEVELOPER as are necessary in order
to cause the construction of the"Improvements"that are outstanding.
Such sums, plus costs and attorney's fees, may be recovered by
COUNTY against the DEVELOPER through a civil action, or may be
recovered by action as provided by the applicable security. In the
eventthat DEVELOPERfails to construct an improvement secured by
lien created hereunder, such lien may be foreclosed or otherwise
enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property.
(6) DEVELOPER shall ensure that the substitute security remains valid
and in full force and effect until DEVELOPER'S improvement
obligations are fully performed. Expiration of the security prior to
DEVELOPER'S performance of such obligation,or notice to COUNTY
that the security will expire or has been canceled or disaffirmed prior
to DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(7) In the event the letter of credit, surety bond or other form of security
provided to COUNTY, as described above, expires, is canceled, or is
disaffirmed, COUNTY shall send notice to DEVELOPER, according
to the notice provisions of this Agreement, and DEVELOPER shall
• have one (1) month from the date of such notice to provide substitute
security in a form acceptable to COUNTY. If DEVELOPER fails to
provide acceptable substitute security, COUNTY may record a
document entitled "Notice of Lien for Installation of Required
Improvements"which shall constitute a lien on the property described
in Exhibit "A" for the amount due hereunder, until fully paid,
discharged, released or barred by law. To the extent that the failed
security is attributable to an identified parcel or portion of the Project,
the Notice of Lien for Required Improvements may be recorded
against and apply only to such parcel or portion of the Project.
[ ] (b) Surety Bond or Letter of Credit.
(1) Prior to the DEVELOPER recording the plat or any agreements which
were conditions of approval for the Project, the DEVELOPER shall
provide the COUNTY with security such as a surety bond or
irrevocable letter of credit, which is acceptable to the COUNTY and
which guarantees the DEVELOPER'S performance of the
CAF#450 4
01/01/02
construction obligations set forth in this Agreement in the total amount
of $----------
(2) If the DEVELOPER obtains certificates of occupancy prior to
completion of the applicable Improvements, contrary to the schedule
set forth in Exhibit "B," the DEVELOPER shall be in default of this
Agreement. In the event the DEVELOPER defaults under the terms
of this Agreement, COUNTY shall be entitled to draw against the
security for the amount set out in paragraph 4.(b)(1), plus costs as set
forth herein. If COUNTY draws against the security and the amount
recovered is less than the amount necessary to construct the
Improvements, COUNTY may maintain an action against
DEVELOPER in a court of competent jurisdiction for the difference
between any sums obtained and the amount due, plus costs and
interest accrued from the due date at the rate of 12 percent per
annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S road improvement obligation is
fully performed. Expiration of the security prior to DEVELOPER'S
performance of such obligation, or notice to COUNTY that the
security will expire or has been canceled or disaffirmed prior to
DEVELOPER'S satisfaction of all obligations hereunder, shall
• constitute a default of this Agreement.
(5) In the event the security expires, is canceled or is disaffirmed,
COUNTY shall send notice to DEVELOPER according to the notice
provisions of this Agreement and DEVELOPER shall have one (1)
month from the date of such notice to provide substitute security in a
form acceptable to COUNTY. If DEVELOPER fails to provide
acceptable substitute security, COUNTY may record a document
entitled "Notice of Lien for Required Offsite Improvements" which
shall constitute a lien on the property described in Exhibit"A"for the
amount set forth in paragraph 4.(b)(1), or stated portion thereof. To
the extent that the failed security is attributable to an identified parcel
or portion of the Project, the Notice of Lien for Required Offsite
Improvements may be recorded against and apply only to such parcel
or portion of the Project.
[ ] (c) Cash Bond.
(1) The Improvements identified in Exhibit"B" shall be secured by cash,
or check(cashier's,certified,or registered), or money order issued by
CAF#450
01/01/02 5
YY
----------------- (financial
institution), in the amount of -- _--__----_____
Dollars ($-_---_------), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs of the Improvements are
-------- — -------- --- Dollars
($-------------).
(3) Upon completion of the Improvements, and acceptance by the
applicable unit of local government,the DEVELOPER shall notify the
Broward County Engineering Division of such completion and
acceptance. Upon a determination by the Engineering Division that
the Improvements have been installed, constructed, completed, and
accepted, and following the completion of DEVELOPER'S one (1)
year maintenance obligations if the Improvements are made to a
County road, the COUNTY shall have ninety (90) days to remit
Dollars
to the DEVELOPER, provided that the COUNTY
has not already effected a remittance to the DEVELOPER because
of the earlier substitution of a surety bond or letter of credit.
5. Upon the completion of one or more of the road Improvements specified in Exhibit
"B,"the DEVELOPER may request a partial release of security from the COUNTY.
The DEVELOPER shall submit a sealed certification by a Registered Engineer of
the work completed, and a cost estimate of the remaining roadway Improvements
to be completed based upon the current approved County unit prices. Upon
acceptance by the COUNTY of said certification and cost estimate, and payment
by the DEVELOPER of any applicable fee, the COUNTY shall release that portion
of the security, if any, which is in excess of the cost of the remaining road
Improvements. Final release of the full security is subject to the standard COUNTY
maintenance period of one (1) year from the date of completion of all of the
Improvements specified on Exhibit "B," for roadways subject to COUNTY permit
jurisdiction. Prior to release of any security held by the COUNTY for Improvements
which are under the permit jurisdiction of other governmental agencies, the
DEVELOPER shall submit documentation from the permit agency officially
accepting the Improvements and consenting to the release of security.
6. DEVELOPER agrees that the construction contract(s) for the Improvements shall:
CAF#450
01/01/02 6
•
4
(a) Indemnify, hold harmless and,at County Attorney's option,defend or pay for
an attorney selected by County Attorney to defend COUNTY, its officers
agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs,
and expenses, caused by negligent act or omission of. contractor or
subcontractor, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any
person or property. The provisions of this section shall survive- the
expiration or earlier termination of this Agreement. To the extent considered
necessary by Director of the Broward County Engineering Division and
County Attorney,any sums due DEVELOPER under this Agreement may be
retained by COUNTY until all of COUNTY's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by COUNTY.
(b) In order to insure the indemnification obligation contained above,
CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force
at all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. CONTRACTOR shall
specifically protect COUNTY and the Broward County Board of County Com-
missioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insureds.
(d) Comprehensive General Liability Insurance. A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
CAF#450
01/01/02 7
Products and/or completed operations for contracts.
Broad Form Contractual Coverage applicable g to this specific contract,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed,with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance. Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00)per occurrence,combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
(f) Workers' Compensation Insurance Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) each accident.
(g) CONTRACTOR shall furnish to the Broward County Engineering Division
Certificates of Insurance or endorsements evidencing the insurance
coverages specified by this Article prior to beginning performance of work
under this Agreement. The required Certificates of Insurance shall name the
types of policies provided, refer specifically to this Agreement, and state that
such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of DEVELOPER is completed. All
CAF#450
01/01/02 8
•
policies must b endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies
shall be furnished at least thirty (30) :days' prior to the date of their
expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code,that developers install all required Improvements
prior to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing,sent by U.S. Mail, postage prepaid,addressed to the party
for whom it is intended at the place last specified; the place forgiving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
CAF#450
01/01/02 9 __ .,.
For the DEVELOPER:
WILLIAM V. KEITH
---------------------------------------------
KEITH & ASSOCIATES, INC.
301 EAST ATLANTIC BOULEVARD
-------------------------------------------------
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit"B,"or all of the obligations under this Agreement are
fully paid and performed, at the request of the Developer or its successor and upon
payment of any applicable fees, COUNTY shall cause a Partial Release to be
recorded in the Official Records of Broward County, Florida evidencing such
performance. To the extent that the obligations set forth herein are divisible and
attributable to a specific parcel or portion of the Project, COUNTY may grant a
partial release of this agreement for a specific parcel or portion of the Project for
which this road impact obligation has been satisfied.
10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in
the Official Records of Broward County, Florida, against the property described in
Exhibit"A"to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
shall run with the property until fully performed. However, the amount set forth in
paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until
the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of
Lien for Required Offsite Improvements."
10. VENUE; CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, nor the intent
of any provisions hereof.
CAF#450
01/01/02 10
•
13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge-and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement. ,
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
CAF#450
01/01/02 11
•
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by.and through its Chair and Vice
Chair, authorized to execute same by Board action on the — day of
--_ __--,20__,and—_ __—_ through its duly authorized
.representative to execute same and the CITY, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
-------------------- By
County Administrator and Ex- Chair
Officio Clerk of the Board of
County Commissioners of --- day of , 20—_
Broward County, Florida
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By----------------------------
Assistant County Attorney
---- day of---------- 20--
CAF#450
01/01/02 12
DEVELOPER-CORPORATION/PARTNERSHIP
•
Witnesses (if partnership): DANIA_FARMS, LTD_._ __
NameofLD1 lop (c at / artnership)
B(Sign ure) (Sig
Print name ;-.r--;,,__I--''ve; Print name:_E. CLAY SHAW, JR.
Title:_ GENERAL PARTNER
____
--_ Address: 700 CORAL WAY
--_— -- _ _
(S at re)_._ — FORT LAUDERDALE, � —
Pr me: J�� --� Ar ----------
�'— day of A Je'L _, 208?i
ATTEST (if corporation):
----------------- (CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:___—_—
ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
sh
The foregoing instrument was acknowledged before me this _ day of
J � '�------ 20 OL; by -_c Wf-JR- -------------
as
GENERAL2AR1h1ER___—__Of_��� FARM LTD __— ,a_ FLORIDA
/partnership, on behalf of the corporation/partnership. He or she is:
[ personally known to me, or
]produced identification. Type of identification produced
N
(Seal)
My commission ex ires: Print name:
,�Y' .
%N•,, JOEL K.GUSTAFSON
JL
3,;; MY COMMISSION q DD 086048
•- s EXPIRES:January 31,2006
` Bonded Thru Notary Public Underwriters
w„Af„
CAF#450
01/01/02 13
® CITY
(If Property is located within a City)
WITNESSES: CITY of DANIA BEACH
By -------------44t, ` -
Mayor-Comm' sion
day of 0
Q1/
ATTEST:
1 r By- ---- - ��-------
anager
City Clerk
day of `Lr , 20
APPROVED AS TO FO
y------�--- -= ' - - ---------
City A arney
CAF#450
01/01/02 14
EXHIBIT "A"
• LAND DESCRIPTION
The RITA W. SHAW PLAT, according to the plat
thereof, recorded in Plat Book 146, Page 25 of the
Public Records of Broward County, Florida.
•
CAF#450
01/01/02 15.
EXHIBIT "B"
List of Improvements
Improvement Description,. Completion Date
Staff Recommendation 11) — Northbound right turn lane on Prior to issuance of any Certificate of
U.S. 1 at the 100 foot opening- 100 feet of storage, 180 feet of Occupancy
transition.
StaffRecommendation 12)—Eastbound right turn lane on N.E. Prior to issuance of any Certificate of
1 Oth Street at the 80 foot opening- 100 feet of storage, 100 feet Occupancy
of transition.
StaffRecommendation 13)—Westbound left turn lane on N.E. Prior to issuance of any Certificate of
1 Oth Street at the 80 foot opening-200 feet of storage, 100 feet Occupancy
of transition.
Staff Recommendation 14) — Two lanes on N.E. 10th Street Prior to issuance of any Certificate of
from Taylor Road to the east plat limits. Occu anc
StaffRecommendation 1 S)—Traffic Signal conduit relocation. Prior to issuance of any Certificate of
Occupancy
StaffRecommendation 16)— Pavement marking and signage. Prior to issuance of any Certificate of
Occupancy
StaffRecommendation 17)—Sidewalks along U.S. 1 adjacent Prior to issuance of any Certificate of
to Plat. Occupancy
StaffRecommendation 18)—Sidewalks along N.E. 1 Oth Street Prior to issuance of any Certificate of
Plat.
to Plat. Occupancy
16
WILL GALL
OAUIDG.MURRAY.ESO 98-4003tB T0002
P.O.BOX 2427'
FT.LAUDEFDALE F1_331�11, 07-08-9B
i s e.70
THIS INSTRUMENT WAS PREPARED BY AND UOCU, 5Tt'+MPS-DEEU
SHOULD BE RECORDED AND RETURNED TO: i7ECVU•gRpWgRU CNTY
David G. Murray, Esquire
➢AVID G. MURRAY, P.A.
321 southeast 15th Avenue COUNTY nomlN
Fort Lauderdale, FL 33301
QUIT-CLAIL4 DEED
'' v
THIS QUIT-CLAIM DEED, executed this 4H day of June, 1996, by
RITA WALKER SHAW, a single woman, Individually and as Trustee of
the Rita Walker Shaw Revocable Living Trust dated February 19,
1987, Grantor, whose post office address is 2332 N.E. 7th Place,
Fort Lauderdale, FL 33304, to DANIA FARMS LTD., a Florida limited
partnership, Grantee, with a post office address of 700 Coral Way,
Fort Lauderdale, Florida 33301
WITWE&SETA! Thar the said Grantor, for and in consideration
of the sum of TEN AND N01100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, convey and quit-claim unto the said
Grantee, all the right, title, interest, claim and demand which the
said Grantor has in and to the following described real property
lying in the County of Broward, State of Florida, to wit:
Parcels A, B & C of THE RITA W. SHAW PLAT, as recorded
in Plat Book 146, Page 25, of the Public Records
of Broward County, Florida
This deed was prepared at the request of the Grantor and without
the benefit of an examination of title.
Tax folio No. : 0227-11-00100 - Parcel A
0227-11-00200 - Parcel 8
0227-11-00300 - Parcel C
TO HAVE AND TO HOLD, the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity, and claim
whatsoever of the said Grantor, either in law or equity, to the
r
only proper use and benefit of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and
seal the day and year first above written.
Signed, sealed Wdelivered
in the pr nl!!��
�
CDj�W _
N
ature of first Witness RITA WALKER SHAW,
Individually and as
rKLLaflcA Trustee of the Rita O
Printed name of first Witne s Walker Shaw Revocable CA
�j Living Trust dated _7ZI.
February 19, 1987
SIgnature of second witness
Printed name of fsecond witness 01 ER,Hngn�r�ICaI Fc�'1,0:^004
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
day of June, 1998, by RITA WALKER SHAW, a single woman, who is
personally known to me or has produced as
i Hp.nt i f icat ion.
• :�� rc- /Cl Ii
NOTARY
(ARY SFTI.TARASLICEgg]
ATE OF FLURIDANO.CC59"MEXI'.NOV.12.2M
'-ALL 98-404A 57 T#001
",4RAY,E4Q. 07 -08-9a 11:c6HM
� 7i)X 2i2T
.[.FL 3131n • 2.70
DOLL. S1
h1FS-DE.e.0
THIS INSTRUMENT WAS PREPARED BY AND
SHOULD BE RECORDED AND RETURNED TO: RECVD.BHOWAAD CNIY
David G. Murray, Esquire
DAVID G. MURRAY, P.A.
321 Southeast 15th Avenue COUNTY ADMIN.
Fort Lauderdale, FL 33301
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this day of June, 1998, by
JOHN L. SHAW, a single man, Grantor, whose post office address is
15670 Bellanca Lane, West Palm Beach, Florida 33414, to DANIA FAP14S
LTD., a Florida limited partnership, Grantee, with a post office
address of 700 Coral Way, Fort Lauderdale, FL 33301
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, convey and quit-claim unto the said
Grantee, all the right, title, interest, claim and demand which the
said Grantor has in and to the following described real property
i lying in the County of Broward, State of Florida, to wit:
(t SEE EXHIBIT °A" ATTACHED HERETO AND MADE A PART HEREOF
` This deed was prepared at the request of the Grantor and without
the benefit of an examination of title.
TO HAVE AND TO HOLD, the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity, and claim
• whatsoever of the said Grantor, either in law or equity, to the
only proper use and benefit of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and
seal the day and year first above written.
Signed, sealed and d livered
in the pr ce
a ure bf,nrst Witness HN SHAW
Printed name of first Witneds N
CD
CA
Signature of second witness _
16r"rtd Txoulle o
Printed name of second witness —
03
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
day of June, 1998, by JOHN L. SHAW, a single man, who is. ersona y
'known to m _-,or has produced
identification. J
UFfiC1AI.N(:I'ANY SFitI. NOTARY Al JeA,.)
( ROSEANNTARASUN
i NOTARY I'L'RUC STATEOF PDRIDA
COMMISSION NO.ccs9mw
\IY('OS1S11KRtN EXP.NOV.12.2000
EXHIBIT "A"
• LEGAL DESCRIPTION
Parcels A, B & C of THE RITA W. SHAW PLAT, as recorded in Plat
Book 146, Page 25, of the Public Records of Broward County,
Florida.
Tax Folio No.: 0227-11-00100 - Parcel "A"
0227-11-00200 - Parcel "B"
0227-11-00300 - Parcel •C"
TOGETHER WITH
Parcels A, B & C of C.I.D.B. PLAT, as recorded in Plat Book
140, Page 28, of the Public Records of Broward County,
Florida.
Tax Folio No.: 0234-51-00100
l
TOGETHER WITH I '
Parcels A & B of D.D.K. PLAT, as recoreipti in Mar oc_h ,Y1
Page 19, of the Public Records of Broward County, Florida
Tax Folio No.: 0227-10-00100
i
i
DED IN THE OFFICIAL RECORDS 100R
Of HOWARD CAVV".FLORIDA
COONfy AONIti1cTRATOR
A
no
031
W
-N�
G i
�I
I
� I
I
;II
a
Viz°
WILL CALL 9A-4aaJ59 TM003
DAVID G.MURRAy ES, It
6PM
FT.LAUOEROALE.<<..;,:; 553.00
THIS INSTRUMENT WAS PREPARED BY AND DOCU. STAMPS-OEED
SHOULD BE RECORDED AND RETURNED TO:
David G. Murray, Esquire RECVD.BROI�ARD CNTY
DAVID G. MURRAY, P.A.
321 Southeast 15th Avenue COUNTY ADMIN.
Fort Lauderdale, FL 33301
QUIT-CLAIM DEED
N�
THIS QUIT-CLAIM DEED, executed this ' day of June, 1998, by
E. CLAY SHAW, JR., a married man, Grantor, whose post office
address is 700 Coral Way, Fort Lauderdale, Florida 33301, to DANIA
FARMS LTD., a Florida limited partnership, Grantee, with a post
office address of 700 Coral Way, Fort Lauderdale, FL 33301
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND N01100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
does hereby remise, release, convey and quit-claim unto the said
Grantee, all the right, title, interest, claim and demand which the
said Grantor has in and to the following described real property
lying in the County of Broward, State of Florida, to wit:
i
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
i
i This deed was prepared at the request of the Grantor and without
the benefit of an examination of title.
jThe property conveyed herein is not and has never been the
homestead property of the Grantor. Grantor resides at 700 Coral
Way, Fort Lauderdale, Florida 33301.
TO HAVE AND TO HOLD, the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity, and claim
whatsoever of the said Grantor, either in law or equity, Lo the
only proper use and benefit of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
Signature of first WitnessL41
E. *Y1
le
Printed a at i e s
S' nature of second witness
�
N
Printed name of second witness
C7j
STATE OF FLORIDA CA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this AR N'0 'CID
day of June, 1998, by E. CLAY SHAW, JR. a married man, who is
personally known to me or has produced as
identification.
® EXHIBIT "A"
LEGAL DESCRIPTION
Parcels A, B & C of THE RITA W. SHAW PLAT, as recorded in Plat
Book 146, Page 25, Of the Public Records of Broward County,
Florida.
Tax Folio No. : 0227-11-00100 - Parcel "A"
0227-11-00200 - Parcel "B•
0227-11-00300 - Parcel "C"
TOGETHER WITH
Parcels A, B & C of C.I.D.B. PLAT, as recorded in Plat Book
140, Page 28, of the Public Records of Broward County,
Florida.
Tax Folio No. : 0234-51-00100
TOGETHER WITH
Parcels A & B of D.D.K. PLAT, as recorded in Plat Book 131,
Page 19, of the Public Records of Broward County, Florida
Tax Polio No. : 0227-10-00100
NECORDED IN THE OFF1r 4L RECORDS+001,
Of BROWABD COUw;y,vLOMA
COUNTY AO!mN;STHATOH
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' BOAr' OF COUNTY COMMIzziUNthj. or A:'u 6w1v ' T, rLUHiUA
. ® N . ELOPMENT RE`J .L .:_W REPORT
Office of Planning, Development Management Diviaion Page 1 of
/ ,,') �.✓ %' AGENDA NUMBER: 0.
MEETING DATE 6/20/89
i�
ACTION DEADLINE: 6/20/89
COUNIA
DEFERRED-
FROM:
PROJECT DESMIPTION
NAME: i HE R I TA W: SHAW PLAT NUMBER: 130-MP-88
APPLICANT: E. CLAY SHAW, ET. AL.
AGENT: _ Keith & Schnars, P.A.
LOCATION: SOUTHEAST CORNER OF GRIFFIN ROAD AND U.S. 1 . OMM
JLRISDICTION: DANIA SEC/TWP/RNG: 27&34-50-42 DIST: 6
PLATTED AREA: 38.014 ACRES GROSS AREA (LUP): N/A 01)
LAND USE
EXISTING USE: VACANT o EFFECTIVE PLAN: DANIA
PROPOSED USE/OENSITY: PLAN DESIGNATION/DENSITY:
INDUSTRIAL AND COMMERCIAL INDUSTRIAL AND COMMERCIAL
See Attached Letter From Planning Council
ADJACENT USES: ADJACENT PLAN DESIGNATIONS:
NORTH VACA`IT NORTH INDUSTRIAL
SOUTH DANIA CUT-OFF CA14AL SOUTH WATER, UTILITIES
EAST MARINA EAST INDUSTRIAL
LEST U.S. 1 , F.E.C. RAILROD HEST INDUSTRIAL, UTILITIES
EXISTING ZONING: IRO PROPOSED ZONING: N/A
SERVICES
WASTEWATER POTABLE WATER
PLANT: HOLLYWOOD PLANT: DANIA
DESIGN CAPACITY: 38.000 MOD DESIGN CAPACITY: 3.0 MGD
PLAK FLOW: ( 3/89) 39.700 MOD PEAK FLOW: 2.469 MGD
AVG FLOW: ( 3/E9) 35.200 MOO EST PROJECT FLOW. N/A MOD
EST PROJECT FLOW: .067000 MGD COMMENTS: Sufficient capacity exists
COMMENTS: Connections are currently to serve this plat.
beina approved to this plat.
PARKS: LAND DEDICATION MONEY-IN-LIEU OF LAND BASED ON:
LAND VALUE DWELLING UNITS
?NE COUKTY CONDUCTS NO IMXPENDD4 LOCAL �)/A
NEIGHBORHOOD PARK REVIEW V17KIN MMICIPALITIES.
REGIONAL N/A N/A N/A
ROADS: TRIPS GENERATED/ATTRACTED IMPACT FEES
RESIDENTIAL USES N/A N/A
MON-RESIDENTIAL USES 13210 E .86 4.62.00
TOTAL 13210 S 86,462.00
RECOMMENDATION
r a EE ATTACKED CONDITIONS)
APPROVAL: Subject to staff recommendations and
conditions which shall assure compliai��- CP7;RtEPAAED:7
__
with the standards and requirements of TYPED: az7.
Ordinace 86-91 . REVIEWED:—
App.:
2 of 8
THE RITA .W. SW PLAT
130-MP-88
STAFF COMMENTS
1) Staff recommendations pertaining to this plat are based on the use
being 32.3 acres of industrial and 5.07 acres of commercial.
2) Trafficways approval valid for 6 months. Approval received 10117/88.
A two month extension has been granted and approval expires 6/27/89.
3) Applicant has been informed that any development must conform to the
Tree Preservation Code No. 33 1/2 if any trees are to be removed or
relocated. However, trees that are being grown for sale to the general
public is excepted from this ordinance.
4) Applicant has been informed that E.Q.C.B. may require a Complex Air
Source License.
5) Applicant has been informed that an E.Q.C.B. Dredge & Fill License may
be required.
6) Information regarding the soil association for this site has been
received from Broward Soil and Water Conservation Services. In order
to advise of possible development limitations on this site, the
applicant has been given a copy of this information.
7) Applicant has been informed that a Broward County Water Management
Works permit will be required prior to the construction of any water
management works as defined in Chapter 36.
8) Required improvements shall be completed prior to the issuance of
Certificate of Occupancy, unless an agreement is approved by the
County Commission phasing the installation of improvements to
correspond with development phasing.
9) Applicant has been informed that Engineering and Traffic Engineering
Division(s) recommendations for this plat may be modified if
significant conflicts are identified by details included in the
submitted construction plans.
10) The Rita W. Shaw plat is within the the Airport Airspace plan of Fort
Lauderdale-Hollywood International Airport and specifically within the
clear zone of Runway 31 (see attached letters from the Aviation
Department) . If the plat is recorded before February 20, 1990, it
shall contain a note that provides that "No building permit for any
construction within the existing or proposed Clear Zone on the platted
property may be obtained before February 20, 1990." The applicant
and/or property owner(s) shall submit one executed form set (four
copies) of FAA Form 7460-1 "Notice of Proposed Construction of
Alteration" to Walter Wulff, Airspace and Procedures Branch, East
Point, Georgia. for construction of the building. The applicant and/or
property owner(s) shall also submit one executed form set (four
copies) of FAA Form 7460-1 for the erection or, construction of
3 of 8
temporary construction equipment which meets the notice criteria of
FAR Part 77 Subpart B (i.e. Cranes etc. ) (See Staff Recommendations
#30 and #31) .
11) See attached memorandum from the Broward County Planning Council.
12) See attached comment from Southern Bell.
13) This plat was deferred from the 5/16/89 and 6/6/89 County Commission
meetings to discuss with staff.
STAFF RECOMME3�MTICNS
NON-VEHICULAR ACCESS LINE REQUIREMENTS
1) Along the ULTIMATE right-of-way line of U.S. 1, except for a 100 foot
opening centered approximately 275 feet north of the south plat
limits. This opening to align with the existing median opening.
2) Along the ULTIMATE right-of-way line of N.E. loth Street, except for
an 80 foot opening at the east plat limits of Parcel "A". Extend the
non-vehicular access line along the access easement except for the
south 24 feet.
3) Access to Parcel "B" shall be via-the existing thoroughfare dedication
at the east plat limits.
ACCESS EASEMENT REQUIREMENTS
4) 80 feet by 90 feet deep, as measured from the ULTIMATE right-of-way
line (exclusive of the right-of-way for an ultimate right turn lane at
the opening) , on N.E. loth Street at the 80 foot opening. Dimensions
may be modified to more closely approximate proposed driveway
dimensions. The design to be approved by the Traffic Engineering
Division.
ACCESS REQUIREMENTS
5) The minimum distance from the ULTIMATE right-of-way line of the
trafficway, at any ingress or egress driveway, to the outer edge of
any interior service drive or parking space with direct access to such
driveway shall be 100 feet.
6) Any driveway in the 80 foot opening(s) : shall be centered in the
opening, shall consist of a minimum of two egress lanes, each 12 feet
in width, and one 16 foot wide ingress lane, with minimum entrance
radii of 35 feet.
7) Any driveway in the 100 foot opening(s) : shall be centered in the
opening, shall consist of a minimum of two egress lanes, each 12 feet
in width, and one 16 foot wide ingress lane, with minimum entrance
radii of 40 feet.
4 of 8
RIGHT-0E-WAY REQUIRIIMENTS (Dedicate)
8) The right-of-way along U.S. 1 to conform to the Broward County
Planning Council Trafficways Plan. (corridor width - 200 feet)
9) The right-of-way along N.E. loth Street to conform to the Broward
County Planning Council Trafficways Plan. (corridor width - 120 feet)
.10) For an ULTIMATE eastbound right turn lane on N.E. loth Street at the
80 foot opening (100 feet of storage, 100 feet of transition)*.
Include the area bounded by the entrance radii: 195 feet from the east
limits of the 80 foot opening to the beginning of the storage (end of
the transition) .
TURN LANE IMPROVEMENTS (Bond For and Construct)
11) A northbound right turn lane on U.S. 1 at the 100 foot opening (100
feet of storage, 180 feet of transition)*.
12) An eastbound right turn lane on N.E. loth Street at the 80 foot
opening (100 feet of storage, 100 feet of transition)*.
13) A westbound left turn lane on N.E. loth Street at the 80 foot opening
(200 feet of storage, 100 feet of transition)#.
* The length of the storage lane is measured from the end of the taper
to the point of curvature of the turning roadway or the beginning of
the chord in the case of right-of-way.
# Median opening design to include acceptable vehicular turning radii.
The length of the storage lane is measured from the end of the taper
to the point of curvature of the median opening.
TRAFFICAYS IMPROVEMENTS (Bond For and Construct)
14) Two lanes on N.E. loth Street from Taylor Road to the east plat
limits.
TRAFFIC SIGNAL/STREET LIGHTING CONDUIT RELOCATION (Bond For and Construct)
15) A TRAFFIC SIGNAL/STREET LIGHTING CONDUIT RELOCATION PLAN, three
copies, including COST ESTIMATE shall be provided to the Traffic
Engineering Division. All easements necessary for relocation and
maintenance of the conduit must be shown. NO BOND AMOUNTS will be
approved without approved Traffic Signal Conduit Relocation Plans. NO
BONDS shall be released without field inspection and final approval by
the Division of all materials, installations and locations.
PAVEMENT MARKINGS AND SIGNS (Bond For and Construct)
16) A pavement marking and signing plan, three copies, including cost
estimate shall be provided to the Traffic Engineering Division. All
pavement markings shall be thermoplastic. Pavement markings and
.. .. _ _..._ � ._ ...1�.. -• ... _. •ter• .. .. ..�.. .. _ ..... ._
5 of 8
signing materials shall be fully reflectorized with high intensity
materials. No bond amounts will be approved without approved Pavement
Marking and Signing plans. No bonds shall be released without field
inspection and final approval by the Division of all materials,
installations and locations.
NOTE: The amounts required for pavement markings and signs are not
included in the guaranty amounts required for roadway improvements,
turn lane improvements, etc. , as calculated for and specified in the
Development Review Report for this project.
SIDEWALK REQUIREMENTS (Bond For and Construct)
17) Along U.S. 1 adjacent to this plat.
18) Along N.E. loth Street adjacent to this plat.
GENERAL RECOMMENDATIONS
19) All construction must include all necessary transitions to existing
pavement, the lengths of which shall be determined by the design speed
of the roadway.
20) The developer shall be responsible for the cost of relocating
utilities, drainage facilities, traffic control poles, interconnect
cables, and related equipment as necessary to complete required
improvements.
21) Provide sufficient roadside recovery area wherever a roadway crosses
or is adjacent to a body of water. In those cases where it is
determined by the Public Works Department that minimum standards for
sufficient roadside recovery cannot be met, guardrails mist be
provided. Request for this determination must be made during the
preliminary review process. Where specific approval, by the
Department, for use -of guardrailing has not been obtained prior to
County Commission review, staff recommendations shall be that only
sufficient roadside recovery areas be used for construction.
22) Reservoir capacity sufficient to accomodate a minimum of 5 vehicles
mist be provided for guardhouses or gates on any private roadway that
intersects the trafficway. The area that provides this reservoir
capacity must be exclusive of the ULTIMATE right—of—way for the
trafficway. A reservoir area must include a space that is 12 feet
wide and 22 feet long for each vehicle.
23) All designs, construction, studies, etc. , shall conform to the
applicable sections of the following:
a. United States Department of .Transportation: "Manual on
Uniform Traffic Control Devices" (MUTCD) .
b. State of Florida Department of Transportation:
1. "Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and High-..oys. "
6 of 8
2. "Traffic Operations Standard."
3. "Road Design Standards."
In addition all designs for construction shall be certified by a
Professional Engineer or Land Surveyor, registered in the State
of Florida, that they meet the standards included in b. 1. above.
24) The following additional documentation must be submitted to the
Engineering Division prior to plat recordation:
a. Title Certificate Update.
b. Current Tax Letter.
C. Drafting Corrections.
25) Certified corner records must be filed or verified through the County
Surveyor's Office prior to plat recordation.
26) Security instruments (bonds) for all required improvements shall be
submitted prior to plat recordation and/or commencement of
construction. Bond amounts shall be based upon one of the following.
a) Approved construction plans. Seven (7) sets of construction
plans shall be submitted with the required Paving and
Drainage Plan Review application, Form P.D.R. #4 to the
Engineering Division, Paving and Drainage Section. When the
construction plans are approved by the Engineering Division,
the bond will be calculated at one-hundred (100%) percent of
the cost of the improvements.
b) Engineer's cost estimates prepared by a registered
professional engineer or by the Engineering Division. When
the estimate is approved by the Engineering Division, the
bond will be calculated at one-hundred twenty-five (125%)
percent of the cost of the improvements. Seven (7) sets of
construction plans shall be submitted with the required
Paving and Drainage Plan Review application, Form P.D.R. #4
to the Engineering Division, Paving and Drainage Section
thirty (30-) days prior to commencement of construction or
issuance of the first building permit, whichever first
occurs.
Bonds which are posted with the municipality shall be calculated based
upon the above criterion. Language contained in the bond must be
consistent with Section 5-200(d) (2) (c) of Broward County Land
Development Code. The applicant shall submit copies of the bonds
posted with the municipality prior to plat recordation.
27) Submit a Water Management Plan for review prior to the recordation of
the plat. The plan shall contain sufficient information for the Water
Management Division to make a determination that the proposed plat is
consistent with Ordinance 86-91, Section 5-198 (d) (Municipalities) or
Section 5-182 (d) (Unincorporated) .
7 of 8
28) Provide the utility easement shown on the attached sketch as requested
by Florida Power & Light Company.
29) See attached comment from Southern Bell.
30) Delineate the clear zone and avigation easements on this plat. The
location of the clear zone and avigation easements to be approved by
the Broward County Aviation Department (see Staff Comment #10) .
31) Place a note on the face of the plat reading:
This plat is located within Zones �A and B of the Fort Lauderdale—
Hollywood International Airport Noise Exposure Map.
Any structures within this plat must comply with Iv. D. 1. b. ,
• Development Review Requirements of the Broward County Land Use Plan,
regarding hazards to air navigation.
This plat is restricted as follows:
Parcel A is restricted to commercial
Parcel B is restricted to light manufacturing
Parcel C is restricted to industrial
Commercial/retail uses are not permitted in Parcels B and C without
the approval of the Board of County Commissioners who shall review and
address these uses for increased impacts. This note is required by
Chapter 5, Article Ix, Broward County Code of Ordinances, and may be
amended by agreement with Broward County.
If the plat is recorded before February 20, 1990, an additional note
shall be placed on the face of the plat reading:
"No building permit for any construction within the existing or
proposed clear zone on the platted property may be obtained before
February 20, 1990."
WP 136
s
`®® TRAFFIC IMPACT REPORT
DEVELOPMENT IAANAGaOafT MVISIOli 8 of 8
rl O"ICE OF PLANNING
PROJECT DESCRIPTION DATE: 3/13/89
PI111O�iECT IIrA�E: THE R I TA W. SHAW PLAT
meER: 130-MP-88
Pill 0PO9ED ME. 5.07 ACRES COMMERCIAL (MULTI -STORY) AND
32.3 ACRES INDUSTRIAL
TRIP$:
TOTAL WORK ATTRACTIONS - 3417
TOTAL SHOPPING ATTRACTIONS = • . 4664
TOTAL OTHER ATTR ACT I ON S = 2 96 2
TOTAL NON HOK-BASED PRODUCTIONS 2167
TOTAL TRIPS 13210
TOTAL WPACT PlE:$86462
TRIP ASSIGNMENTS
STANU&L ROADWAY 1'itAFlIC
IMPACT ®EMI/ w
ROADWAYS C.APACSTY N�oj 91MPACT
TOTAL t REE
SHER I DAN ST 4LU 32799 135.5 S 6842
FROM: N 24 AV 24200 10000 41 .3
TO: 1-95 109 0.4
SEG NO: 984 42908 177.2
UNIVERSITY DR 6LD 46452 86.8 $ 6760
FROM: PETERS RD 53500 25826 48.2
TO: SR 84 94 0.1
SEG NO: 566 72372 135.1
SR 7 4LU 36858 105.6 $ 5108
. FROM: SW 18 ST 34900 8935 25.6
TO: . R IVERLAND RD 72 0.2
SEG NO: 561 45865 131 .4
UNIVERSITY DR 6LD 38685 72.3 $ 4811
FROM: BROWARD MALL ACCESS RD 53500 20590 38.4
TO: .3 MILE N OF PETERS RD 65 0.1
SEG NO: 564 59340 110.8
HALLANDALE BEACH BLVD 4LD 28383 81 .3 $ 4346
FROM: PARK RD 34900 8424 24.1
TO: SW 40 AV 49 0.1
SEG NO: 919 36856 105.5
N PARK RD 2LU 10138 85.1 $ 4010
FROM: SHERIDAN ST 11900 4009 33.6
TO: TAFT ST 98 0.8
SEG NO: 798 14245 119.5
O�J�ty PLq��1
RROWARD COUNTY PLANNING COUNCIL
Q _ 0
115 SOUTH ANDREWS AVENUE, ROOM 307, FORT LAUDERDALE, FLORIDA, 33301
MEMORANDLRI June 2, 1989
To- Elliot Auerhahn , Director , Development Management
• Broward County Office of Planning
From : Peter M. Ross , Director , Comprehensive Planning P�R
Broward County Planning Council
Re : THE RITA W. SHAW PLAT (130-MP-88) FINAL PLAT Update
This memorandum updates our Final Plat comments dated March 20 , 1989 .
Council staff has received confirmation from the City of Dania that
the City applied , prior to March 1 , 1989 , the "20% Flexibility" provision
to Parcel A of this plat in order to permit the proposed "commercial"
use .
For this plat to be considered consistent with the permitted uses of the
effective land use plan , the plat must be restricted to the following
uses :
Parcel A : Commercial
Parcel 8 : Light Manufacturing
Parcel C: Industrial
PMR:HAS
Telephone (30a) 357-6695
Broward County Aviation Department
1400 Lee Wagener Boulevard
Fort Lauderdale, FL 33315
(305) 357-61 t 0
June 5 , 1989
M E M O R A N D U M
TO : Elliot Auerhahn , Office` of Planning
FROM : Ray Lubomski , Director of Planning and Development
i SUBJECT: RITA SHAW PLAT
The Aviation Department is against any construction within the
clear zones of Fort Lauderdale- Hollywood International Airport .
We request , in addition to delineating the clear zone and
avigation easements on this plat , a note be placed, on the face of
the plat if recorded before February 6 , 1990 as follows :
" No building permit for any new construction within the existing
or proposed clear zone on the platted property may be obtained
before February 6 , 1990 . "
The property within the clear zone is currently within the
acquisition program with O . R . Colan . They have started the title
searches and necessary surveys and will begin the appraisal
process shortly .
RL/pm
cc : Herb Godfrey , Aviation Director
Larry O ' Neill , Director of Business
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer
Scott I.Cowan Nicki Englander Grossman John P.Hart Ed Kennedy Lori NancN Parrish Sylvia Poitier Gerald F.Thompson
We're Building A Future For Your Family.And Your Business.
Broward County Aviation Department
1400 Lee Wagener Boulevard
Fort Lauderdale, FL 33315
(305).357-6110
March 24 , 1989
M E N 0 R A N D U M
TO : Dave Danovitz , Office of Planning
FROM:'9 Ray Lubomski , Director of Planning and Development
r
) %
Approximately one third of the Rita Shaw Plat is located within
the clear zone for Runway 31 . O . R. Colin., the Real Estate
Consultant for the Aviation Department will be negotiating with
• the owner to acquire this property. Due to the time frame
necessary in acquiring the clear zone area , the Aviation
Department requests deferral of the Rita Shaw Plat for a thirty
day period .
RL/mg
cc : Don Kowell , Director of the Office of Planning
Herb Godfrey , Director of Aviation
Bob Hunt , Assistant Director of Aviation
Larry O ' Neill , Director of Business
Mark Besoner , Assistant Real Estate Mai:ager
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer
Scan I.Cowan Nicki Englander Grossman John P.Hart Ed Kennedy Lori Nance Parrish Sylvia Podier Gerald F.Thompson
We're Building A•Future o'or Your Family.And Your Business.
Broward County Aviation Department
1400 Lee Wagener Boulevard
Fort Lauderdale, FL 33315.
® (305) 357-6110
March 23 , 1989
M E M O R A N D U M
TO : Mark Besoner, Assistant Real Estate Officer
FROM: Ray Lubomski, Director of Planning
and Development
SUBJECT: RITA SHAW PLAT
The Rita Shaw Plat , owned by Clay Shaw , has been submitted for
approval to the Developmental Review Committee. Approximately
one-third of the property lies within the clear zone of diagonal
• Runway 31 . The Office of Planning and the Aviation Department
have recommended no development in the clear zone area. The
Office of Planning will recommend deference for 30 days .
At this time it is advisable for our consultant , O.R. Colan to
make contact with the owner , informing him of our intentions to
buy the clear zone section of the Rita Shaw Plat . Please take
the appropriate measures to ensure negotiations between O.R .
Colan and the owner. The Office of Planning will recommend
deference for 30 days .
Your immediate attention to this matter is much appreciated .
RL/GG/pm
cc: Herb Godfrey , Aviation Director
Bob Hunt , Assistant Director of Aviation
Larry O'Neil , Director of Business
Jim Reynolds , Public Information Officer
Grace Gali ano , Airport Planner
Dave Danovitz , Office of Planning, Development
Review Director
Don Kowell , Director of Office of Planning
1�
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer
Scott i.Cowan Nicki Englander Grossman John P.Hart Ed Kennedy Lori Nance Parrish syivia Foxier Gerald F.Thom;s_
We're Building A Future For Your Family.And Your Business.
r
BROPIl M COUNTY, FLORIDA
OFFICE OF PLANNING - DEVELOPMENT REVIEW SECTION
COMMENTS FOR DEVELOPMENT REVIEW COMMITTEE MEETING
FINAL PLAT REPORT
TO: Frank Pocchio ACCEPTANCE DATE: 02/27/89
DIVISION: Southern Bell Company DRC APPROVAL DATE: 10/06/88
PLAT NAME: RITA W. SHAW PLAT PLAT NUMBER: 130—MP-88
COMMENTS DUE BACK: 03/10/89
P1 a find an application for the above Final Plat which is submitted to you
f4rification of the standards of Ordinance 81-16, as amended.
To comply with the review requirements mandated by the Ordinance, your written
comments must be submitted to this office by the date indicated above.
Your cooperation is greatly appreciated.
Elliot Auerhahn
DEVELOPMENT MANAGEMENT DIRECTOR
NO CHANGES TO THE PRELIMINARY
LOPMENT REVIEW REPORT.
i/
THIS PLAT IS SUBJECT TO THE
COMMENTS NOTED BELOW.
THIS PLAT IS SUBJECT TO THE
ATTACHED COMMENTS.
6- �,,
AUTHORIZ SIGNATURE
COMMENTS: `4 c,_,, G {—r•�i �� ee�c�.�.t;:... 1,�- /�- -. ;—d
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= INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: Larrry Leeds, Growth Management Director
CC: Ivan Pato, City Manager
Mike Sheridan, Public Works/Utilities Director
Ken Koch, Building Official
FROM: Charlene Johnson, City Clerk
RE: Dania Farms, LTD.
DATE: July 30, 2002
As part of Platting requirements from Broward County, Sara Stewart is
requesting that the City of Dania Beach pass the attached agreement at
the August 13th Commission meeting.
I advised her that we would need your direction prior to placement on the
agenda.
Please advise by August 7th. Thank you.
P