HomeMy WebLinkAboutR-2001-094 • RESOLUTION NO. 2001-094
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE SITE PLAN REQUEST SUBMITTED BY
TONY STALLWORTH, REPRESENTING BROWARD
COMMUNITY COLLEGE, FOR PROPERTY LOCATED ON
THE WEST SIDE OF THE CSX RAIL CORRIDOR, DIRECTLY
SOUTH OF THE TRI-RAIL STATION PARKING LOT, IN THE
CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the
City of Dania Beach, Florida, states that a site plan is required as a condition to the
issuance of a building permit; and
WHEREAS, Tony Stallworth, Vice President, Facilities and College Services for
Broward Community College has applied for site plan approval for the proposed
construction of the Tigertail Water Sports Park to be located on the west side of the CSX
Rail Corridor, directly south of the Tri-Rail station parking lot, in the City of Dania Beach;
and
WHEREAS, the Planning &Zoning Board on May 16, 2001, recommended that the
City Commission grant the site plan request(SP-29-01), based upon the criteria set forth in
Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application (SP-29-01)for site plan approval, a copy of
which is attached and made a part of this Resolution as Exhibit"A" is approved subject to
the petitioner complying with all landscaping requirements imposed by the City's
• Landscape Architect.
R-sp-29-01 Tigertail Water Sports park BCC.doc 1 RESOLUTION NO. 2001-094
It is further noted that the original Site Plan is maintained in the office of the Growth
•
Management Department of the City of Dania Beach.
Section 2. That based upon the criteria set forth in Section 8-4(p) of Article 1 of
Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals
shall automatically expire and become null and void unless building permits are obtained
on or before 18 months from the date of this resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 22ND DAY OF MAY, 2001.
MAYOR-COMMISSION
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER-McELYEA-YES
COMMISSION ER-MIKES-OUTOF ROOM
CHARLENE JO SON VICE-MAYOR CHUNN-YES
ACTING CITY CLERK MAYOR FLURY-YES
APPROVED AS TO FO AND CORRECTNESS:
�
BY: I -\) ,
THOM J AB O
CITY ATTORNEY
R-sp-29-01 Tigertail Water Sports park BCC.doc 2 RESOLUTION NO. 2001-094
City of Dania Beach
Application for Site Plan Approval
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
.Date - "O/ (954) 924-3645 Phone
(954) 922-2687 Fax Application SP
The undersigned petitions the Growth Management Department and/or the City Commission of the City of
Dania Beach to consider site plan approval on the parcel(s)of land described in this application.
NAME OF APPLICANT: QtZ 00 Q M
ADDRESS OF APPLICANT: Q 2,5- c5— (a g O LG S 13/v p
P-, a oo PC 3 `336 /
APPLICANT PHONE & FAX: �7&/ — -7 YU7 PholV
PROPERTY INTEREST OF APPLICANT (Please provide documentation):
NAME AND ADDRESS OF PROPERTY OWNER (Proof of ownersh' and if not the ap Iicant—
authorization letter to apply as representative ): TV Q-F � n I C/ Aper,C 1
ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT
PROPERTY (Attach legal description if necessary):
RECORDED PLAT NAME:
EXISTING LAND USE DESIGNATION: EXISTING ZONING:
LOT SIZE: ACREAGE SQ. FT.
DESCRIPTION OF PROJECT: TA C_ Ci
SPvIZ i S Cirly -2.
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
REQURIED TO SUPPORT THIS APPLICATION:
ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION:
-NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and subscribed before me Signature of Petitioner
• this day of 20
Notary Public State of( )
Printed Name of Notary Street Address, City State &Zip
Commission Expires
Seal: Telephone Number
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL
THE FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR
SITE PLAN APPROVAL and that I have authorized to make and
file the aforesaid PETITION FOR SITE PLAN APPROVAL.
Sworn to and subscribed before me Signature of P itioner
this day of 20
� IJv n e mq,le�-
Notary Public State of
Printed Name of Notary Street Address, City State &Zip
Commission Expires
Seal: Telephone Number
Site Plan Fees are calculated as follows:
Residential - $275.00 Base Fee, plus $8.80 per unit for the first 100 units, plus$4.40 for each unit
In excess of 100 units.
Non-Residential/Hotel-Motel -$275.00 Base Fee, plus $1.10 per 100 sq.ft.for the first 10,000 sq.ft.
plus 0.55 per 100 sq.ft.for that portion in excess of 10,000 sq.ft.
Major revision for residential or non-residential and hotel/motel site plan-'/2 of site plan fee.
In addition, a retainer is required for administrative and advertising costs-(As per Ch.28,Article
9.60. Recovery of costs...)
Minimum fee required is $5,000.00 plus the application fee for Non-Residential/Hotel-Motel,Multi-
family and and Site Plan Revisions
• Minimum fee required is$3,000.00 plus the application fee for Duplex Residential
;ent By: BROI. ARO COMMUNITY COLLEGE; 954 761 7576; May-9-01 2:OOPM; Page 15/15
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
-9-1-
1. DATE OF COMMISSION MEETING: 05/22/01
2. DESCRIPTION OF AGENDA ITEM: SP-29-01 —SITE PLAN REQUEST BY THE CITY OF DANIA
BEACH AND TONY STALLWORTH, REPRESENTING BROWARD COMMUNITY COLLEGE FOR
THE PROPOSED CONSTRUCTION OF THE "TIGERTAIL WATER SPORTS CENTER".
PROPERTY LOCATED AT GULFSTREAM ROAD AND ANGLERS AVENUE (TIGERTAIL PARK),
IN DANIA BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF REPORT
BCC LEASE AGREEMENT
RESOLUTION
SITE PLAN APPICATION
LOCATION MAP
SITE PLANS
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their May 16,
2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date May 18, 2001
Growth Management Department
City Manager Date
4 - -
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Jason Nunemaker, City Manager
G. G
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: May 22, 2001
RE: Tigertail Water Sports Park (Applicant: Broward Community
College)
Broward Community College ("BCC") proposes to construct three buildings on city-
owned land located on the east side of the CSX rail corridor, directly south of the Tri-
Rail Station parking lot. The property is currently vacant and covered with what appears
to be white sand abutting Tigertail Lake.
The City leased the property to BCC (40 year term) in exchange for BCC providing
college level water sports activities to the citizens of Dania Beach. A copy of the lease is
attached.
Proposed buildings include a large classroom, conference room, offices and a boat
storage building. Outdoor recreation facilities include volleyball courts and a vita
"ropes" course. The proposed uses are all permitted under the existing Broward County
-S-2 Open Space District zoning.
The applicant is required to provide one parking space for each 60 square feet of
classroom area (20 spaces are required, 23 have been provided). In addition to
parking, applicant complies with 30% pervious area, building setback, and building
height requirements.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
TIGERTAIL WATERSPORTS PARK 050901.doc
.-it By: BRO'l1ARD COP.MUNITY COLLEGE; 954 761 7576; May-9-01 1 :56PH; Page 4
TIGERTAIL L!1KE LEASE AND LICENSE AGREEMENT
THI TiGERTAIL LAKE LEASE AND LICENSE AGREEMENT ("Lease") made and
entered into this 28th day of June , 2000, by and. between CITY OF DANIA
BEACIi, a Ylorida municipal corporation, hereinafter referred to as the "City" and BROWARD
COMMUNI COLLEGE, hereinafter referred to as "BCC".
WITNESSETH:
WH REAS,the City presently owns and operates the property known as Tigertail Lake Park
for the benel it of the citizens of Broward County, Florida, which is more particularly described in
Exhibit "A" attached hereto ("Tigertail Park"); and
WH REAS,the City acquired Tigertail Park from Broward County under an agreement and
quit claim dt ed dated June 29, 1993, subject to certain restrictions contained therein and subject to
an existing 1 ase between Broward County and BCC dated July 12, 1983; and
WHEREAS,BCC and the City desire to enter into a new long term lease for a parcel of land
located withi n Tigertail Lake and a license for the non-exclusive use of the lake within Tigertail Park
("Lake");
• NO , THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, 6 e parties do hereby consent and agree as follows:
1. Leased Premises: City hereby leases to BCC the real property more particularly
described in and attached as Exhibit "A" ("Leased Premises"), pursuant to terms and conditions
hercof.
2. License: City hereby grants to BCC the non-exclusive license to use all of the Lake.
3. Ingress and Egress: The City also grants to BCC the non-exclusive rights of ingress
and egress f m Anglers Avenue to the Leased Premises along roads and sidewalk designated by
City as publ a thoroughfares in and around Tigertail Park as well as the non-exclusive rights of
ingress and gress to and from the Lake from the surrounding shore of the Lake to conduct its
activities and for purposes of maintaining the Lake.
4. Construction of Conference Building Boathouse and Other Auxiliary Facilities:
BCC agrees o design and construct on the Leased Premises a conference building,a boathouse and
storage builc ing,parking lot and other auxiliary facilities that support the instructional,recreational
and commur ity related activities available to BCC students, faculty and staff as well as the general
public. All nstruction shall comply with the following conditions:
1
ent By: BRO:':ARD COt.iP;tUNI'Y COLLEGE; 954 761 7576; May-9-01 1 :56MA; Page 5
(a) Construction of the improvements shall conform to the State Uniform
Building Code for Public Educational Facilities Construction promulgated pursuant
to Florida Statutes Section 235.26 and amendments thereto as well as by any other
governmental authority having jurisdiction over the nature and content of the
improvements to be constructed upon the Leased Premises and BCC shall obtain all
necessary approvals and permits required by applicable governmental authorities.
However, notwithstanding the foregoing, site plan elements (signs, parking,
elevations, landscaping, etc.) shall be subject to approval by City for the
improvements to be constructed as well as future improvements, if any.
(b) After commencement of construction,BCC agrees to carry such construction
through continuously and with due diligence through completion in accordance with
the plans and specifications approved by the appropriate governmental authorities.
City rants to BCC a non-exclusive easement over, under, on and through that portion of
Tigertail Paz L previously designated as Utility Casement and described in attached Exhibit"C" for
8CC to i=11, construct, operate, use, maintain and repair and replace electric service, drainage
improvemen s and irrigation improvements to serve the Leased Premises.
5. Use of Leased Premises and Lake: 8CC shall only use the Leased Premises for
instructional recreational and community related activities and programs available to BCC students,
faculty and s as well as the general public. The Leased Premises shall be under the sole control
• of BCC durir g the term of this Lease;however,BCC shall only have non-exclusive use of the Lake.
The City sha 1 give BCC notice of any permits granted by the City to third parties to use the Lake.
The City sha 1 retain the use of the Lake and the right to grant other licenses to use the Lake so long
as such other licenses do not unreasonably interfere with the use of the Lake by BCC. BCC agrees
not to use the Leased Premises for any other purpose than those set forth above without the prior
written consc nt Of City.
6. Term: This Lease shall be for a term of forty(40)years commencing July 1, 2000
and terminal ng on such date forty (40) years thereafter. Subject to the terms and conditions
contained herein, the parties hereto shall have the right to mutually agree for an extension of this
Lease or tem is and conditions as are deemed appropriate.
7. Rent: In lieu of rent and as part of the consideration hereof; BCC agrees to provide a
college level watersports program readily available to the citizens of the City utilizing the facilities
to be con eted in accordance with Paragraph 4 above and to staff watersports programs for
regularly sc duled community service sailing, canoeing and wind surfing classes for City adult
residents. TI,ese classes will continue to be offered to all Broward residents and shall be scheduled
several time5 during each week of classes. Also, the BCC facilities shall be available to various
community j roups and public service organizations on a regular scheduling basis as reasonably
determined by BCC.
2
:ent By: BROtIJARD COMMUNITY COLLEGE; 954 761 7576; play-9-01 1 :57PM; Page 6
• 8. Further Consideration: As further consideration for the granting of this Lease and
license, BC agrees to convey at the time of the execution of this Lease all of its right, title and
interest in aid to the existing building previously constructed or used by BCC and located at the
southeast co mer of the Lake. BCC shall also allow public parking in the parking facilities of BCC
within the L ased Premises for those using the Lake facilities or other facilities of City around the
Lake on a space available basis. further, BCC. agrees to charge the same fees for any resident of
City as it charges to BCC students for any of its programs or activities open to the public or
otherwise aN ailable to City residents.
9. Net Lease: F,xcept as otherwise provided in this Lease,this Lease is an absolute net
lease and B 'C hereby assumes and agrees to pay and perform all payments, expenses, duties and
obligations i n relation to the Leased Premises, the improvements thereon or to be constructed and
appurtenane s thereto, and the use, maintenance and operation thereof, whether such duties and
obligations ould otherwise be construed to be those of City or BCC,so that no matter from what
source arisir g, if anything shall be required to be done in, upon or about the Leased Premises,the
improverner ts thereon or to be constructed thereon or appurtenances thereto;the same shall be done
and fulfillec at the sole expense and responsibility of BCC, without any expense, liability or
obligation tsoever to or on the City,except for such obligations as are expressly assumed by City
herein, if an .
1 U:- Utilities: BCC covenants that it will promptly pay for all gas,water,electricity,trash
and sewage isposal, and all other utilities used in connection with the Leased Premises during the
term of this ease.
11. Taxes: Throughout the term of this Lease,in the event any real estate taxes or other
charges or ssments are levied against the Leased Premises or the leasehold by any governmental
authority, B C agrees to pay same prior to any said taxes or assessments become delinquent and
shall providd evidence of payment of same to City.
12. Equipment: BCC agrees to provide all necessary equipment needed for its programs
and such eq iipment shall at all times remain the property of BCC. BCC agrees to insure said
equipment r fire, theft, vandalism and liability as a result of personal injury caused by said
equipment.
13. Maintenance and Repairs of Leased Premises: The Leased Premises, all
improvemc s, now or hereafter existing on the Leased Premises, both exterior and interior, and
equipment 1 cated thereon, shall at all times be maintained in good, serviceable, neat, clean and
presentable ondition,all at the expense of BCC,it being an express condition of this Lease that the
same be kep in an attractive manner at all times.
14. Maintenance of Lake: During the term of this Lease,BCC will provide the necessary
aquatic wee control and maintenance of Lake and its banks. The City will pay one-half the cost of
such control and maintenance. BCC will also maintain and repair any existing fencing.
3
ant By: BRMVARD COMMUNITY COLLEGE; 954 761 7576; May-9-01 1 :57Pt0; Page 7/15
I
15. Maintenance and Repair by City: City will continue to provide grounds maintenance
0 for Tigertail Park except for the Lake, the Leased Premises or as otherwise is specifically the
obligation o BCC under the terms of this Lease. City agrees not to plant any trees on the southern
and eastern anks of the Lake if such plantings would significantly interfere with the prevailing
winds and c nsequently, with sailing activities on the Lake.
16. insurance:
BCC agrees to provide public liability insurance on the structure and surrounding area.BCC
accepts responsibility for all participants in BCC's watersports program and related activities
including stL dents, community service students, visitors, guests and community groups utilizing
BCC's facili ies and activities. BCC as a self-insured State supported entity, will provide
self-insuranc coverage in the amount of$100,000.00/$200,000.00.
17. Security: BCC reserves the right to fence the Leased Premises and otherwise provide
for the security of any buildings and personal property located on the Leased Premises. BCC shall
have the righ to promulgate reasonable rules for those participating in its programs and utilizing the
Leased Premises and the Lake.
18. Construction Liens: BCC shall not suffer,create or permit any construction liens or
other liens to be filed against the Leased Premises or the Lake by reason of any work, labor,service
or materials s upplied or claimed to have been supplied to BCC. BCC shall comply with all bonding
requirements (including the obligation for replacement surety bond if necessary) and construction
laws for pu lie entities, including but not limited to, proper payments and dispute resolution
procedures der Chapter 218 of the Florida Statutes. BCC shall indemnify City against all claims
from whatever source from all lienors or other claimants for any work, labor, service or materials
supplied or c aimed to have been supplied to BCC. Further,the parties acknowledge that as public
entities unde the current construction law statute of Florida, City is not subject to the filing of
construction iens; however,in the event during the term of this Lease that such law changes,BCC
will continue to indemnify City to the extent permitted by law against all costs, liabilities, suits,
penalties, claims and demands including reasonable attorneys' fees resulting from the filing of a
construction ien;and in the event such a lien is filed,BCC shall,within thirty(30)days after notice
to BCC of the filing thereof, cause any such lien to be discharged of record or transferred to bond.
19. As Is: By the execution of this Lease,BCC is hereby accepting the Leased Premises
and the Lake in "as is" condition with all faults and BCC acknowledges that City makes no
warranties or representations that the Leased Premises or the Lake are fit for the purposes desired by
BCC.
20. Default: Failure of BCC to comply with any of the covenants and conditions of this
Lease shall nstitute a default and City may,at its option,terminate this Lease after sixty(60)days
notice in wri 'ng,unless the default is cured within the notice period; or in the event such default
cannot be c d within such period of time and BCC shall commence to cure same within the notice
period and thereafter diligently pursue the cure of the default to conclusion. Additionally, the
4
,ent By: BRO:':'ARD C0MMUNITY COLLEGE; 954 761 7576; talay-9-01 1 :57PM; Page 8/15
• happening c f any of the following events shall constitute a default by BCC and should they occur,
this Leases all automatically terminate:
(a) Abandonment of the Leased Premises or discontinuation of operation of its
aquatic programs at the Leased Premises and the Lake(other than discontinuation of
operations involving normal hours of closing, seasonal closings or closings resulting
from the necessity to repair or rebuild), or
(b) Filing by BCC of any bankruptcy proceedings, plan or arrangement,
reorganization or any other proceeding under the Bankruptcy Act or other available
statutes from which BCC cannot secure a discharge within sixty (60) days.
21. Assignment and Subletting: BCC agrees that this Lease shall not be assigned nor the
Leased Pr ises sublet without the prior written consent of City except BCC may grant temporary
licenses to use the building on a function by function basis.
22. Indemnification and Governmental Immunity: BCC is a state agency or political
subdivision defined in Chapter 768.28,Florida Statutes,and agrees to be fully responsible for acts
mud ornissic ns of its agents and employees to the extent permitted by law. In addition,to the extent
permitted by law,BCC shall indemnify,hold harmless and,at City's option,defend City,its officers,
agents,sere ints and employees against any and all claims,losses,liabilities and expenditures of any
kind, inclu . g attorneys' fees, court costs, expenses caused by the negligent acts or omissions of
BCC, its employees,agents,servants or officers occurring,resulting from,or related to the subject
matter of th s Lease,including,without limitation,any and all claims,demands or causes of action of
any nature liatsoever, resulting from injuries or damage sustained by any persons or property.
23. Use and Enjoyment: BCC,in the use and enjoyment of the Leased Premises and the
Lake,shall omply with all governmental regulations,statutes,ordinances,rules and directives ofthe
federal, stale, county and municipal governments which have jurisdiction over (i) the Leased
Premises ar d the Lake and(ii)the business or activities being conducted thereon.
24. BCC Warranties: BCC represents, warrants and covenants with City that:
(a) BCC and its representatives executing this Lease have the full power and
authority to make, deliver, enter into and perform pursuant to the terms and
conditions of this Lease and have taken all necessary action or its equivalent to
authorize the execution,delivery and performance of the terms and conditions of this
Lease.
(b) Neither the execution or delivery of this Lease, nor fulfillment of or
compliance with the terms of conditions hereof, conflict with or will result in a
breach of any of the terms,conditions or provisions of any agreement or instrument
to which BCC is a party of by which it is bound, or constitute or will constitute a
0
5
=ent By: BRO-%'ARD COt.MUNITY COLLEGE; 954 761 7576; May-9-01 1 :58PM; Page 9'15
• default under any of the foregoing, or result or will result in the creation of a lien,
claim, charge or encumbrance.
(c) BCC and any officers executing this Lease have the full power and authority
to make,deliver,enter into and perform pursuant to the terms and conditions of this
Lease and have taken all necessary action or its equivalent to authorize the execution,
delivery and performance of the terms and conditions of this Lease. BCC is not now
the subject of a pending, threatened, or contemplated bankruptcy proceeding.
(d) Except for gasoline used as a fuel in its watercraft, BCC, its officers, agents
or employees have not used,discharged or stored and will not use,discharge or store,
any hazardous or toxic materials nn or about the Leased Premises or the Lake and
BCC has received no written notice with respect to hazardous waste or toxic
substances on or under the Leased Premises or the Lake. To the best of BCC's
knowledge, no such toxic or hazardous materials are now located on or below the
Leased Premises or the Lake.
(e) That this Lease and al I other documents to be executed and delivered by BCC
in connection with the consummation of this Lease are valid,binding and enforceable
in accordance with their respective terms and conditions.
25. City Warranties:
(a) City and its representatives executing this Lease have the full power and
authority to make, deliver, enter into and perform pursuant to the terms and
conditions of this Lease and have taken all necessary action or its equivalent to
authorize the execution,delivery and performance of the terms and conditions of this
Lease.
(b) Neither the execution or delivery of this Lease, nor fulfillment of or
compliance with the terms of conditions hereof, conflict with or will result in a
breach of any of the terms,conditions or provisions of any agreement or instrument
to which City is a party of by which it is bound, or constitute or will constitute a
default under any of the foregoing, or result or will result in the creation of a lien,
claim,charge or encumbrance.
(c) City and any officers executing this Lease have the full power and authority
to make,deliver,enter into and perform pursuant to the terms and conditions of this
Lease and have taken all necessary action or its equivalent to authorize the execution,
delivery and performance of the terms and conditions of this Lease. City is not now
the subject of a pending, threatened,or contemplated bankruptcy proceeding.
(d) That City, its officers, agents or employees have not used, discharged or
stored and will not use, discharge or store, any hazardous or toxic materials on or
6
;eit By: BROVARD COMMUNI7Y COLLEGE; 954 761 7576; May-9-01 1 :58PM; Page 10/15
• about the Lease Premises or the Lake and City has received no written notice with
respect to hazardous waste or toxic substances on or under the Leased Premises or
the Lake. To the best of City's knowledge,no such toxic or hazardous materials are
now located on or below the Leased Premises or the Lake.
(e) That this Lease and all other documents to be executed and del ivered by City
in connection with the consummation of this Lease are valid,binding and enforceable
in accordance with their respective terms and conditions.
(f) City represents that during the term of this Lease it will not conduct or allow
any boating or other watersports on the Lake except for the aquatic programs of
BCC. Fishing will be allowed but only from the banks of the Lake.
26. Prior Agreements: This Lease supersedes and replaces that certain Tigertail Lake
Agreement C ated July 12, 1983 by and between Broward County and BCC.
27. Further Conditions: BCC acknowledges and agrees that this Lease is subject to the
terms and c nditions of that certain agreement between Broward County and City providing for
transfer of r 1 and personal property within Tigertail Park to City dated June 29, 1993; and in
particular, icles 5 and 6 of said agreement. This Lease is also subject to the restrictions contained
in that oertai n quit claim deed from Broward County to City recorded in Official Records Book
20929, Page 662, Public Records of Broward County, Florida.
28. Notices: In the event any notices are to be delivered hereunder, said notice shall he
effective up n receipt,if hand delivered or sent by overnight,commercial courier,or upon posting in
the United S ates Mail, certified mail, return receipt requested addressed to the parties as follows:
As to City: Michael Smith, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004 -
With Copy to: Thomas Ansbro, City Attorney
City of Dania Beach
Weiss, Serota, Helfinan,Pastoriza
& Guedes, P.A.
1132 S.E.2nd Avenue
Fort Lauderdale, FL 33316
As to BCC: Broward Community College
Mr. Tony Stallworth
225 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
7
;ent By: BROt'JARD COMMUNITY COLLEGE; 954 761 7576; Play-9-01 1 :59PP1; Page 11 /15
With Copy to: John Latona, Esq.
College Attorney
Broward Community College
Downtown Center
225 Fast Las Olas Boulevard
Fort Lauderdale, FL 33301
29. Attorneys'Fees: In the event of any dispute which may arise concerning the terms or
conditions this Lease, the prevailing party in such dispute shall be entitled to recover all
reasonable costs and expenses or such dispute,including,without limitation,its reasonable attorneys'
fees and costs incurred through all levels of appellate litigation.
30. Entry on to the Leased Premises: City or any of its authorized agents or employees
shall have th right to enter upon the Leased Premises during reasonable hours to inspect same for
anyreasonoi in order to make inquiry with respect to or ascertain whether BCC is complying with
the terms of s Lease. In exercising its rights to inspect as provided for herein, City agrees that
such right of inspection shall be conducted so as not to interfere with BCC's occupancy of the Leased
Premises or y business being conducted by BCC thereon.
31. Rights are Cumulative: The rights of the parties hereunder shall be cumulative and
shall be in ad lition to rights as otherwise provided by the statutes of the State of Florida. Failure on
the part of my party to exercise promptly any rights afforded it by said laws shall not operate to
forfeit such r ghts.
32. Successors and Assigns: This Lease shall be binding upon the parties hereto, their
successors d assigns.
33. Eminent Domain: If, at any time during the term of this Lease the legal title to the
Leased Prem ises or the improvements located thereon or any portion thereof be taken,appropriated,,
or condemn by reason of eminent domain,there shall be such division of the proceeds of award in
such conderr nation proceeding and such abatement of rent and other adjustments made as shall be
just and equ table under the circumstances. If the City and BCC are unable to agree upon what
division,ann ual abatement of rent or other adjustments are just and equitable within sixty(60) days
after such a and shall have been made, then the matters in dispute shall be by appropriate
proceedings submitted to a court having jurisdiction of such matters and such controversy for its
decision and the determination of such matters in dispute. If the legal title to the entire Leased
Premises be holly taken by condemnation proceedings,this Lease shall be automatically canceled.
In general,i is the intent of this paragraph that upon condemnation the parties thereto shall share in
the award to the extent that their respective interests are destroyed, damaged or depreciated by the
exercise of U ke right of eminent domain.
34. Surrender of Leased Premises: BCC shall quietly and peaceably deliver the Leased
Premises to ity at the termination of this Lease in as good a condition as originally received,
s
:ent By: BRM ARD COMMUNITY COLLEGE; 954 761 7576; May-9-01 1 :59PM; Page 12/15
ordinary weaj and tear expected,and subject to the repair and maintenance obligations as provided in
this Lease. A ny and all improvements, alterations,additions made by BCC at any time, including
the original construction of the buildings, shall immediately be and remain a part of the Leased
Premises and upon termination of this Lease,shall become the property of City without the necessity
of City paying compensation therefor.
IN WTNESS WI•iEREOF, the parties have caused this Lease to be executed on this 28th
day of J ne 92000.
CITY:
CITY OF DANIA BEACH,
a Florida muni ;pal corporation
r
ATTEST: %'
SHERYL APMAN cE A
ACTING CITY CLERK MAYO ISSIONER
MICH TH, CITY MANAGER
APPROVE FOR FORM
AND CORRECTNESS:
BY: r -"l AlAr
TH h J. S RO
CIT ATTORNEY
BROWARD COMMUNITY COLLEGE
PI j 01-'J�
Coe y Chairperson, District Board of Trustees
WITNESS S:
AX •
President, Broward Community College
Gawrruk3u7. AN1A\5p0%TSMA\TTGERTA1.LSl
AGENDA ITEM!
• JUN 2 8 2000
9
ENCLOSURE 3
;ent By: BRO:^LARD COP,90UNITY COLLEGE; 954 761 7576; May-9-01 1 :59PM; Page 13/15
EXHIBIT A '
LEGAL DESCRIPTION
Portions of Lots 10 through 14.21 through 23.60 through 67 inclusive and all of Lots 15
111rough 20 inclusive.Block 10,and portions of Lots 9, 10 and 17 and all of Lots I l through 16
inclusive, Block 11,together with rights-of-way lying adjacent to the above mentioned Lots,
"HIGHLAND PARK UNIT NO. 2",according to the plat thereof,as recorded in Plat Book 12.
Page 29,of the Public Records of Broward County,Florida,being more particularly described as
follows:
COMMENCE at the Northwest corner of Section 33,Township 50 South,Range 42 East,said
point also being the Northwest corner of said Plat:
THENCE South 00°00'00"West on the West line of said Section 33,a distance of 795.96 feet;
THENCE South 90°00'00"East.399.00 feet to the POINT OF BEGINNING,said point being
the beginning of a non-tangent curve,concave to the Northwest,having a radial bearing of South
27024'09"East from the radius point of the next described curve;
THENCE Northeasterly along the back of an existing concrete walk and on the arc of said curve,
ha%ing a radius of 446.00 feet,a central angle of 28°19'30"and an arc distance of 220.49 fed;
THENCE South 81°43'45" East,251.50 feet to a point on the existing railroad right-of-way line
of C.S.X. Railroad as shown on Craven Thompson&Associates Inc. drawing,Project No. li9-
0050,dated 11-13-95,
THENCE South 08"32'11"West on said right-of-way line,383.63 feet;
THENCE North 63°55'08"West,395.94 feet;
THENCE North 00013'40"East,96.69 feet to the POINT OF BEGINNING.
Said lands situate,lying,and being in the City of Dania,Broward County,Florida and containing
It 1,314 square fed(2.5554 acres)more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and
Ntapper.
2. Lands shown hereon we1e not abstracted by the surveyor for rights-of-way,easements,
ownership,or other instruments of record.
3. Bearings shown hereon are relative to the West line of Section 33,Township 50 South, Range
42 East having an assumed bearing of South 00°00'00"W.
4. This sketch does not constitute a survey4,1 �
erk dacosta
Professional Surveyor and Mapper No.4329
State of Florida __ r
?. ,w by.
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,ent By: BRO1.%1ARD COMMUNITY COLLEGE; 954 761 7576; May-9-01 1 :591311A; Page 14/15
SKETCH OF DESCRIPTION'S
PORTIONS OF LOTS 10-14 21-23. 60-67 INCLUSIVE AND
ALL OF LOTS 15-$O INCLUSIVE. BLOCK 10,
AND PORTION OF LOTS 9. 10 & 17 AND ALL OF LOTS 1 I -16 INCLUSIVE. BLOCK 1 1
TOGETIICR WITH ADJOINING RIGHTS-OF-WAY5,
"I(IGIILANO PARK JNIT NO. 2", PLAT BOOK 12, PAGE 29, BROWARO COUNTY RECOROS
CITY OF DANIA, BROWARO COUNTY. FLORIDA
4 GRIFFIN ROAD �r
P.O.C.
NW CORNER
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