HomeMy WebLinkAboutR-2001-180 r RESOLUTION NO. 2001-180
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
AN AMENDMENT TO AGREEMENT WITH WARBURG-STORAGEMART
PARTNERS, LP ("STO RAGE MART"), TO PROVIDE THAT THE CITY'S
CONTRACTOR SHALL PERFORM LANDSCAPING MAINTENANCE UPON
CERTAIN PROPERTY OWNED BY THE DEPARTMENT OF
TRANSPORTATION OF THE STATE OF FLORIDA, SUBJECT TO
PYAMENT OF MAINTENANCE COSTS BY STORAGEMART;
AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO
EXECUTE THE AMENDMENT TO THE AGREEMENT ON BEHALF OF THE
CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 2001-033, the City and Warburg-StorageMart
Partners, LP, ("StorageMart") entered into an Agreement on April 20, 2001; and
WHEREAS, pursuant to that Agreement, StorageMart agreed to install and maintain
landscaping on a parcel of land located within the corporate limits of the City and owned by
the Department of Transportation of the State of Florida, which parcel lies immediately east
of property operated by StorageMart as storage facilities; and
WHEREAS, subsequent to entering into the Agreement, StorageMart requested that
the City's landscape contractor maintain the parcel described in the Agreement, and that
StorageMart would submit monthly payments to the City in the amount of Three Hundred
Fifty ($350.00) Dollars to fully defray the costs associated with the landscaping
commitments; and
WHEREAS, the City and StorageMart wish to amend the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That an Amendment to the Agreement between the City of Dania Beach and
Warburg-StorageMart Partners, LP, a copy of which is attached to this Resolution and
marked Exhibit"A", is approved and the appropriate city officials are authorized to execute
same.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Amendment to Agreement as are deemed necessary and proper for the
best interests of the City.
1 RESOLUTION NO. 2001-180
Section 3. That all resolutions or parts of resolutions in conflict are repealed to the
extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED ON THIS 25T"/HDAY
OF SEPTEMBER,-2001.
PATRICIA FLURY J
MAYOR - COMMISSIONER -
AT EST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J NSON COMMISSIONER MIKES - YES
ACTING CITY LERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED A71\
FORM AND CORRECTNESS:
BY: 6. r
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2001-180
THIS INSTRUMENT PREPARED BY
• AND SHOULD BE RETURNED TO:
Karen Lieberman, Esq.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
(954) 763-4242
AMENDMENT TO AGREEMENT BETWEEN CITY OF DANIA BEACH AND
WARBURG—STORAGEMART PARTNERS, LAP
This is an Amendment to an Agreement ("the Amendment") entered into on
, 2001 which is an Amendment to the Agreement existing between the City
of Dania Beach, Florida a municipal corporation (the "City") and Warburg-StorageMart
Partners, LP, a Delaware Limited partnership ("StorageMart"), authorized to do business
in Florida, which Agreement is dated April 20, 2001 (the"Agreement").
The City and StorageMart wish to amend the Agreement, due to a request
received by the City from StorageMart.
In consideration of the mutual covenants, terms and conditions contained in this
Amendment and other good and valuable consideration, the adequacy and receipt of
which are acknowledged, the parties agree as follows:
1. Despite any provision to the contrary in the Agreement, a copy of which is
attached as Exhibit A, the following shall control:
2. StorageMart agrees to submit monthly payments to the City on or before the
fifteenth day of the month to which applicable in the amount of three hundred fifty
($350.00) dollars in connection with the landscaping commitments identified in the
original Agreement As of the time the parties entered into this Amendment, it was
expected that the landscaping services shall be performed by GARDEN OF LOVE
NURSERY OF SOUTH FLORIDA, INC., a City outside contractor.
3. In the event that the price of such landscaping services increases to City,
StorageMart may elect to perform the landscaping services, pursuant to the terms of the
original Agreement.
4. Stora-eMart agrees that, if StorageMart elects the option described above.
StorageMart shall give the City Manager, City Attorney and City Director of Public
Works/Utilities sixty (60) days, advance written notice.
i
5. If StorageMart fails to timely submit any monthly payment, pursuant to
paragraph 2, above, the City at its option may issue a written notice that StorgeMart is in
violation of the Agreement, as amended by this Amendment, by sending a certified letter
to StorageMart, in order to place StorageMart on notice. Thereafter StorageMart shall
have a thirty (30) day period to submit the payments to City.
6. If the payment is not submitted within the applicable time period, the City may
at its option revoke or suspend the Certificate of Occupancy ("C.O.") until payment is
received by City. Prior to any such C.O., revocation or suspension, StorageMart shall be
given at least fifteen (15) days' advance written notice by the City and an opportunity to
appeal (in writing, directed to the City Manager) such revocation or suspension decision
to the City Commission. A hearing on the appeal will be held within thirty (30) days from
the date of the first notice mentioned above, and the decision of the City Commission
shall be final
7. All other terms and conditions of the Agreement, except as amended by this
Amendment, shall remain in full force and effect.
8. In the event of any conflict between any provision of the Agreement and any
provision in this Amendment, the parties agree that the provisions of this Amendment are
controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: BY:
Pat Flury
- Commissioner
BY: i BY: ----?
0;,_
. --Charlene Johns��� Acting City Clerk a n Nunemaker, Acting City Manager
JJ
APPROVED AS TO L GAL SUFFICIENCY:
BY:
Thomas Ansbro, City Attorney
• Signed, sealed and delivered WARBURG—STORAGEMART
in the presence of: PARTNERS, LP
BY: BY:
Witness Michael Burnham, Chief Executive
Officer
Print Name
By:
Witness
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on
, 2001, by Michael Burnham, Chief Executive Officer of Warburg-
StorageMart Partners, LP, a Delaware limited partnership, on behalf of the
limited partnership. He is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
Notary Public, State of
i
RESOLUTION NO. 2001-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT (HIGHWAY
BEAUTIFICATION GRANT FOR 1999-2000) EXISTING BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
RELATING TO LANDSCAPING IMPROVEMENTS FOR 1-95 AND GRIFFIN
ROAD MEDIANS, SUCH AMENDMENT TO REVISE EXHIBIT A TO
INCLUDE A PARCEL TO BE MAINTAINED BY WALBURG-
STORAGEMART PARTNERS, LP; FURTHER, AUTHORIZING
EXECUTION BY SUCH OFFICIALS OF AN AGREEMENT WITH
WALBURG-STORAGEMART PARTNERS, LP PERTAINING TO ITS
OBLIGATION TO.INSTALL AND MAINTAIN LANDSCAPING AS TO THE
PARCEL ADJACENT TO ITS BUSINESS AS DESCRIBED IN THE
AGREEMENT TO BE AMENDED AS MENTIONED ABOVE; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Florida Department of Transportation (the"Department") and the
City_of Dania Beach entered into a Maintenance Memorandum of Agreement Highway
Beautification Grant for 1999-2000 on September 16, 1999 pertaining to landscaping
improvements of medians at the intersection of State Road 9 (1-95) and State Road 818
(Griffin Road); and
WHEREAS, there is a need to amend such agreement to revise Exhibit attached
to it, to include a parcel of land which lies east of the business known as StorageMart; and
WHEREAS,Walburg-StorageMart Partners, LP ("StorageMart") has agreed to install
and maintain landscaping on the parcel adjacent to its business as a part of the existing
Agreement between the City and the Department;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Dania Beach, Florida:
Section 1. That the appropriate City Officials are authorized to execute an
Amendment to the District Four (4) Maintenance Memorandum of Agreement (Highway
Beautification Grant for 1999-2000) between the Department and the City, and further to
execute an Agreement with StorageMart for the installation and maintenance of
landscaping as a part of the existing Agreement between the City and the Department as
to the parcel described in a revised Exhibit A to be attached to such City-Department
Agreement.
F:/566001:/Resolution:/Amendment to StorageMart RESOLUTION NO.2001-033
1
• Section 2. That the City Manager and City Attorney are authorized to make such
minor revisions to such documents as are deemed necessary and proper and in the best
interests of the City.
Section 3. That copies of such documents are attached and made a part of this
Resolution.
Section 4. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 5. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 27T" day of MARCH, 2001.
ATTEST:
J5,4""f
MAYOR - COMMISSIONEkz'
SHERYL HAPMAN ROLL CALL:
ACTING CITY CLERK COMMISSIONER MIKES -YES
COMMISSIONER BERTINO -YES
COMMISSIONER MCELYEA-YES
VICE-MAYOR CHUNN -YES
MAYOR FLURY -YES
APPROVED AS TO FORM A CORRECTNESS:
BY: -
THOM S ANSBR
CITY ATTORNEY
F:/566001 AIcsolutionJAmcndmcnt to StoragcMart RESOLUTION NO.2001-033
2
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Karen Lieberman, Esq.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
(954) 763-4242
AGREEMENT
THIS IS AN AGREEMENT(the "Agreement")entered into on the day of April,
2001, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation (the
"City") and WARBURG-STORAGEMART PARTNERS, LP, a Delaware Limited Partnership
("StorageMart"), authorized to do business in Florida.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which
are acknowledged, the parties agree as follows:
1.1 Responsibilities of StorageMart. StorageMart agrees to install and maintain
landscaping within and on land located within the corporate limits of the City and owned by
the Department of Transportation of the State of Florida (the"Department"), at no charge to
the City, as such land is described in the revised Exhibit A attached to the District Four (4)
Maintenance Memorandum of Agreement Highway Beautification Grant for 1999-2000,
existing between the Department and the City, a copy of which is attached to this
Agreement and incorporated by this reference as Exhibit 1. StorageMart shall comply with
every term, condition, duty and obligation set forth in Exhibit 1, including all exhibits to that
Maintenance Memorandum Agreement, but only as to the"Parcel"described in the revised
Exhibit A to the Agreement.
1.2. StorageMart acknowledges, pursuant to the motion adopted by the City
Commission at the December 19, 2000 City Commission meeting, that StorageMart shall
be responsible for payment of all cost recovery fees to the City, including but not limited to,
the City's legal and landscape consultant fees incurred in connection with the landscaping
commitments identified in this Agreement.
Page 1
1.3 StorageMart agrees and acknowledges that plans for the installation and
maintenance of the landscaping .shall be reviewed and approved in writing by City's
landscape consultant.
1.4 StorageMart agrees to provide the City with a cash payment equal to double
the costs reasonably anticipated to be incurred by StorageMart for the installation of the
landscaping prior to the issuance of a temporary Certificate of Occupancy.
1.5 StorageMart shall install and maintain such landscaping according to the
standards as set forth in Exhibit 1.
2.1 Inspections, Deficiencies, Relocation. The above referenced landscaping
functions performed by StorageMart shall be periodically inspected by the City. If the City
determines that such landscaping installation or maintenance is not properly performed
pursuant to this Agreement and Exhibit 1, the City at its option may issue a written notice
that one or more deficiencies exist by sending a certified letter to StorageMart in order to
place StorageMart on notice. Thereafter StorageMart shall have a thirty (30) day period to
correct any deficiency.
2.2 If all deficiencies are not corrected within the applicable time period, the City
may at its option proceed as follows:
(a) Maintain the landscaping or a portion of the landscaping, with City personnel
or a contractor's personnel and invoice StorageMart for expenses incurred and if not
promptly paid within thirty (30) days from mailing of the invoice by City, StorageMart's
Certificate of Occupancy ("C.O.") may be revoked or suspended by City until paid, or
(b) Terminate this Agreement and remove, retain and re-plant the landscaping at
locations deemed suitable by City, as prescribed below in paragraph 2.3 and invoice
StorageMart for such expenses incurred, or
(c) Revoke or suspend the C.O. of StorageMart until the deficiencies are
corrected.
Prior to any such C.O. revocation or suspension, StorageMart shall be given at least
fifteen (15) days' advance written notice by the City and an opportunity to appeal (in
writing, directed to the City Manager) such revocation or suspension decision to the City
Commission. A hearing on the appeal will be held within thirty (30) days from the date of
the first notice mentioned above and the decision of the City Commission shall be final.
2.3 It is understood between the parties that the landscaping covered by this
Agreement may be removed or relocated in whole or in part at any time in the future as
determined to be necessary by the Department or the City pursuant to Exhibit 1, if either or
Page 2
both the adjacent roads (Griffin Road and 1-95) are to be widened, altered or otherwise
changed to meet future City or Department needs, comply with Department criteria or other
plans of the Department. StorageMart shall be given sixty(60)days notice to remove such
landscaping after which time the Department or the City may remove or relocate same, or if
applicable, the City may terminate the agreement and proceed as specified in paragraph
2.2 (b) above.
3. Term. The term of this Agreement shall commence upon execution.
4. Indemnification of City.
(a) To the fullest extent permitted by law, StorageMart agrees to
indemnify, defend, save and hold harmless the City, its officers, agents and employees
from any and all claims, damages, losses, liabilities and expenses, direct, indirect or
consequential, arising out of or alleged to have arisen out of or in consequence of the
obligations and commitments of StorageMart, including any of its subcontractors, agents,
officers, employees or independent contractors as specified pursuant to this Agreement.
(b) It is specifically understood and agreed that the consideration inuring
to StorageMart for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement and the approvals given
by City to StorageMart relating to development of its business site.
(c) The execution of this Agreement by StorageMart shall obligate
StorageMart to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
5. Insurance. StorageMart shall provide, pay for and maintain in force at all
times during the term of this Agreement, such insurance, including Workers' Compensation
insurance and comprehensive general liability insurance as stated below:
(a) Workers' Compensation insurance to apply for all employees,
subcontractors or both in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal
laws, for the benefit of StorageMart's or its subcontractor's
employees, if such insurance is otherwise required by Florida law.
(b) With respect to StorageMart and its employees only, comprehensive
general liability insurance, including automobile, with minimum limits
of Five Hundred Thousand Dollars ($500,000.00) per occurrence,
combined single limit, for death, bodily injury liability and property
Page 3
damage liability. The City is to be included as an "additional named
insured" with respect to any claims arising out of this Agreement.
(c) Upon execution of this Agreement, StorageMart shall provide the Risk
Manager of the City Certificates of Insurance for coverages and
policies required by this Agreement. All applicable certificates shall
state that the City shall be given thirty (30) days' advance notice prior
to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which
the City may carry in its own name.
6. Assignment of Agreement.
It is understood and agreed by both parties that this Agreement, in whole or
in part, cannot be assigned, sublet or transferred by StorageMart without the prior written
consent of City; provided, however, that if the StorageMart buildings and business adjacent
to the landscaped site are ever sold, transferred or otherwise conveyed to any successor in
interest and written notice of same is provided to City, including notice and proof of an
express assumption by such successor of the obligations of this Agreement, then the
obligations in this Agreement are automatically binding upon such successor without the
necessity of such City consent.
7.1 Binding; Recorded Instrument. This Agreement shall be binding upon
StorageMart, its successors and assigns and shall run as a covenant with the land
described in Exhibit 2.
7.2 StorageMart agrees that this Agreement shall be recorded at StorageMart's
expense in the public records of Broward County, Florida, and shall be effective upon such
recordation.
8. Notices_ Except as provided above, whenever either party desires to or must
give notice to the other, it must be given by written notice, sent by certified U.S. mail, with
return receipt requested, addressed to the party for whom it is intended, at the place last
specified and the place for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective persons
and places for giving of notice:
Page 4
• City: Jason Nunemaker, Acting City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
Weiss Serota Helfman P,astoriza & Guedes
3107 Stirling Rd., Suite 300
Ft. Lauderdale, FL 33312
StorageMart: Warburg-StorageMart Partners, LP
Attention: Michael Burnham, Chief Executive Officer
2407 Rangeine Street
Columbia, MO 85205
With a copy to: Doumar, Allsworth, et. al., Attorneys
1177 SE 3`d Avenue
Ft. Lauderdale, FL 33316
9. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal
action arising out of or pertaining to this Agreement shall be the Circuit Court for the
Seventeenth Judicial Circuit in and for Broward County, Florida, orthe federal District Court
in the Southern District of the United States as applicable. Each party further agrees that
venue for any action to enforce this Agreement shall be in Broward County, Florida.
10. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
11. Attorneys' Fees and Costs. If City or StorageMart incurs any expense in
enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear
its own costs and expenses including, but not limited to, court costs and reasonable
attorneys' fees.
12. Headings. Headings in this document are for convenience of reference only
and are not to be considered in any interpretation of this Agreement.
13. Exhibits. Each exhibit referred to in this Agreement forms an essential part of
this Agreement and each is incorporated by this reference.
14. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of
this Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected,
Page 5
shall continue in full force and effect, and shall be enforced to the fullest extent permitted
by law.
15. All Prior Agreements Superseded. This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained in this Agreement and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written.
16. Independent Contractors. StorageMart, its employees, agents and any
subcontractors shall be and remain independent contractors and not employees of City
with respect to all of the acts and services performed by them under the terms of this
Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the parties
to this Agreement.
17. Nondiscrimination. StorageMart shall use its best effort to comply with all
applicable federal, state and City laws applicable to StorageMart's obligations appearing in
this Agreement. StorageMart is expected to fully comply with all applicable provisions of
• such laws and the City reserves the right to verify StorageMart's compliance with them.
Failure to comply with any laws may be a ground for termination of the Agreement by the
City.
18. Amendments. No modification, amendment or alteration in the terms or
conditions contained in this Agreement shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and executed by
both the City and StorageMart.
19. Waiver of Breach and Materiality. Failure by the City to enforce any provision
of this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification c: `. -Ie-
terms of this Agreement. The City and StorageMart agree that each requirement, duty and
obligation set forth in this Agreement is substantial and important to the formation of this
Agreement and, therefore, each is a material term of this Agreement.
20. StorageMart shall perform its duties, obligations and services under this
Agreement in a skillful manner. The quality of StorageMart's performance shall be
comparable to the best local and national standards.
Page 6
21. Priority of Provisions. In the event of any conflict between any provisions of
this Agreement and any provision in Exhibit 1, the parties agree that the provisions of this
Agreement are controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: BY: //i' t-- "/�, ,
Mayor - Co missioner
BY: BY:
Sheryl Ch pman, Activ6 City Clerk Jaso nemaker,Acting City Manager
APPROVED AS TMLEG L SUFFICIENCY:BY: i
Thomas J. nsbro, City Attorney
Signed, sealed and delivered WARBURG — STORAGEMART
in the presence of: PARTNERS, LP
BY: BY:
Witness Michael Burn am, Chief Executive
Officer
Prin a e
By: ^
itnes
Print Name
Page 7
STATE OF /sserre/
COUNTY OF 47boAJ&
The foregoing instrument was acknowledged before me on ,e 2001,
by Michael Burnham, Chief Executive Officer of Warburg-StorageMart Partners, LP, a
Delaware limited partnership, on behalf of the limited partnership. He is personally known
to me or has produced as identification and did (did not) take an oath.
My Commission Expires:
Notary Public, State of �/�c,,liiL/
CHRISTINE M. HIBBS
Notary Public-Notary Seal
State of Missouri
cnljntn, 01 Bootie
My Commis-Si-: :..:, s September 23,2003
Page 8
AMENDMENT TO DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF
AGREEMENT HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000
BETWEEN STATE OF FLORIDA DEPARTMENT OF_TRANSPORTATION.
AND THE CITY OF DANIA BEACH
This is an Amendment to the District Four (4) Maintenance Memorandum of
Agreement Highway Beautification Grant for 1999-2000 entered into--,on�'
- between the Florida Department of Transportation (the"Department") and the City
of Dania Beach(the"City").
Whereas, the Department and the City entered into a Maintenance Memorandum
of Agreement Highway Beautification Grant for 1999-2000 on September 16, 1999; and
Whereas, the Department and the City wish to amend such Agreement.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement and other good and valuable consideration, the adequacy and receipt of which
are acknowledged, the parties agree as follows:
1. Exhibit A, attached to the Memorandum of Agreement shall be and is amended
by replacing it with the attachment to this Amendment, identified as revised Exhibit A.
. 2. All other terms and conditions of the existing District Four (4) Maintenance
Memorandum of Agreement Highway Beautification Grant for 1999-2000, except as
expressly modified herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF 1TRANSPORTATION
By:
n District etary — A
Attest: �•!�.G n ��'s �,� �� �' �
Executive Secretary -C;'/
Legal approval as to form
CITY OF DANIA BEACH,FLORIDA
ATTEST: By
Mayor- Commissioner
4 By: v� By: -
S eryl Chap an, Acting 6ty Clerk Jason maker, Acting City Manager
APPROVED AS TO L AL SUFFICIENCY: -
By:
Thomas . Ansbro, City Attorney
EXHIBIT 1
SECTION NO. 86070
FIN NO. (s): 40666117401
COUNTRY: Bro_ward
S.R.NO.: 9
REVISED EXHIBIT "A"
PROJECT LOCATION: State Road 9 (1-95) at State Road 818 (Griffin Road) and a
parcel ("Parcel') bounded as follows: on the west by the easternmost right-of-way line of
the CSX Railway corridor; on the North by the north property line of the property known
as the StorageMart site as extended easterly to the western right-of-way line of the Griffin
Road off-ramp; on the East by the westernmost right-of-way line of the 1-95 Griffin Road
off-ramp right-of-way; on the South by the north right-of-way line of State Road 818
(Griffin Road).
LAND DESCRIPTION:
Parcel "A", La Quinta Plat I, Plat Book 147, Page 30, of the Public Records of Broward
County, Florida, Containing 153.356 Square Feet, (3.521 Acres) More or Less.
EXHIBIT 2
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
Jason Nunemaker, Acting City Manager
Charlene Johnson, Acting City Clerk
FROM: Tom Ansbro, City Attorney
DATE: September 21, 2001
RE: Landscape Maintenance of FDOT Parcel Adjacent to I-95 and Griffin
Road; Amendment to Agreement with Warburg-StorageMart Partners, LP
Attached is a Resolution authorizing exectuion of an Amendment to Agreement with
Warbrug-StorageMart Partners, LP ("StorageMart") regarding maintenance of landscaping on
property owned by the Department of Transportation of the State of Florida ("Department")
which property is described in the original Agreement dated April 20, 2001. It pertains to the
parcel located adjacent to the Northwest portion of the I-95/Griffin Road intersection. The
Agreement provided that StorageMart would install and subsequently maintain the landscaping
itself at its own expense. Subsequent to entering into the original Agreement, StorageMart
requested that the City's landscape contractor maintain the property and that StorageMart
would pay the applicable maintenance costs (three hundred fifty ($350.00) dollars monthly).
The Amendment to the Agreement specifies the procedures relating to the "pass through cost"
for the landscaping maintenance, which will become effective and "dovetail" with the City's
simultaneous award of the bid award for median and grounds landscape maintenance,
beginning and effective on October 1, 2001.
Commission approval of the Resolution is requested.
TJA:slw
Attachment
x
FLORIDA
October 3, 2001
Michael Burnham
Chief Executive Officer
Walburg-Storagemart Partners, LP
2407 Rangeine Street
Columbia, MO 85205
Dear Mr. Burnham:
On September 25, 2001, the Dania Beach City Commission adopted
Resolution No. 2001-180 approving an Amendment to the Agreement with
Walburg-Storagemart Partners, LP to provide that the City's contractor shall
perform landscaping maintenance for the parcel owned by the State Department
® of Transportation. The Amendment provides that Storagemart will submit
$350.00 per month to the City for use of its landscape contractor to maintain the
subject parcel.
We have enclosed a copy of Resolution No. 2001-180 along with two (2)
original Amendments to be executed by you. Please ensure that you sign and
include two witnesses and that your signature is notarized on Page 3 and that
you complete the date on the first page. Retain one original Amendment and
return the other original to me for the City's records.
If you have any questions, please contact me at (954) 924-3622.
Sincerely,
C11'arlen oiinson, C M C
City Clerk
/cj
Enclosure
•
"Broward's First City"
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