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HomeMy WebLinkAboutR-2000-185 RESOLUTION NO. 2000-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY, FLORIDA, PERTAINING TO THE INSTALLATION AND MAINTENANCE OF A NEW ENTRYWAY SIGN AND NEW LANDSCAPING WITHIN A PORTION OF THE INTERSECTION OF NEW GRIFFIN ROAD AND U.S. HIGHWAY ONE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Department of Transportation ("FDOT") controls and regulates a parcel of land located at the southwest corner of New Griffin oad (S.R. 818) and U.S. Highway One, located in unincorporated Broward County (the "Site"), as is more particularly described in Exhibit "A" attached hereto; and WHEREAS, on August 20, 1987, FDOT issued Special Permit No. S-8687.013, authorizing the City of Dania Beach (the "City") to construct, operate and maintain two "welcome signs" at the Site; and WHEREAS, on October 30, 2000, FDOT modified its Special Permit No. S- 8687.013, to allow the Board of County Commissioners of Broward County ("Broward County" or the "County"), on behalf of the City, to remove the existing "welcome signs" and landscaping at the Site, or to contract with another party for such work; and, further, to allow the County, on behalf of the City, to install a new entryway sign and new landscaping at the Site, or contract with another party to install such items; and WHEREAS, Broward County has previously agreed to design and install the new entryway sign and new landscaping at no cost to the City; and WHEREAS, the City Commission of the City of Dania Beach (the "Commission") agreed at its meeting of September 12, 2000, that the City will maintain the new entryway sign and new landscaping. RESOLUTION NO. 2000-185 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 agreement between the City and Broward County for the County to install a new entryway sign and new landscaping at the Site, and for the City to maintain the new entryway sign and new landscaping. Section 2: That the City Manager and the City Attorney are authorized to make such minor revisions to such agreement as are deemed necessary and proper and in the best interests of the City. Section 3: That a copy of such agreement, and a description of the Site, are attached and made a part of this resolution. Section 4: That all resolutions or parts of resolutions in conflict 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 14t" day of NOVEMBER, 2000. C.K. MCEL A MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA — YES VICE-MAYOR BERTINO- YES SHERYL"CHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: /�. _� . AA THOM S a'AN 8 BRO CITY ATTORNEY RESOLUTION NO. 2000-185 AGREEMENT Between • BROWARD COUNTY and CITY OF DANIA BEACH RELATING TO DESIGN, INSTALLATION, AND MAINTENANCE OF "WELCOME TO DANIA BEACH" SIGN LOCATED AT U.S. HIGHWAY ONE AND GRIFFIN ROAD BROWARD COUNTY FLORIDA AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH RELATING TO DESIGN, INSTALLATION, AND MAINTENANCE OF "WELCOME TO DANIA BEACH" SIGN LOCATED AT U.S. HIGHWAY ONE AND GRIFFIN ROAD BROWARD COUNTY FLORIDA This is an Agreement ("Agreement") made and entered into by and between.. BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF DANIA BEACH, a municipal corporation existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, COUNTY is the owner and operator of the Fort Lauderdale-Hollywood International Airport ("Airport"); and WHEREAS, COUNTY and CITY entered into an Interlocal Agreement ("Interlocal") pertaining to the expansion and jurisdiction of the Airport, which Interlocal is dated October 17, 1995; and WHEREAS, paragraph 19 of the Interlocal provides that the COUNTY approve or support the granting by the appropriate agency of an easement to allow the continuation and maintenance of the CITY's entry sign on the traffic island located at U.S. Highway One and Griffin Road (S.R. 818)(the "Site"), provided CITY agrees to maintain the entry sign; and WHEREAS, paragraph 19 of the Interlocal further provides that the COUNTY will install or provide for the installation of the landscaped gateway on the Site on behalf of the CITY; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter set forth, COUNTY and CITY agree as follows: -1- 1. The above recitals are true and correct and incorporated herein by reference. 2. SITE OF.THE LANDSCAPED GATEWAY: 2.1 COUNTY and CITY acknowledge that the Site, as more particularly described on Exhibit"A"attached hereto, is located within the unincorporated area of Broward County on right-of-way that is controlled and regulated by the Florida Department of Transportation ("FDOT"). 2.2 CITY acknowledges that FDOT Special Permit No. S-8687.013, dated August 20, 1987, attached hereto as Exhibit "B." authorizes CITY to construct, operate, and maintain "welcome signs" ("Signs") on the Site. 2.3 CITY agrees that, concurrent with the execution of this Agreement, CITY will adopt a resolution in the form attached hereto as Exhibit "C," agreeing to accept liability and maintenance responsibilities for the Signs and the Site. 3. DESIGN OF SIGN AND LANDSCAPING: 3.1 CITY and COUNTY agree that the design for the proposed sign and landscaping is based on a design developed by the COUNTY's consultant, ® which has been reviewed and approved by CITY (Exhibit "D" attached hereto). 3.2 The design shall take into consideration any Federal Aviation Administration regulations, including, but not limited to, height restrictions and other regulations affecting runway protection zones or approach and transition zones, as well as any and all additional federal, state and local regulations, codes, laws or ordinances relating thereto. 4. COUNTY'S OBLIGATIONS: 4.1 COUNTY agrees to construct and install the Signs and landscaping, pursuant to the design approved by the CITY, at no cost or expense to the CITY. 4.2 COUNTY agrees to complete the construction and installation of the Signs and landscaping no later than September 1, 2001; provided this Agreement is fully executed by both parties and the CITY adopts the Resolution attached as Exhibit "C" no later than December 31, 2000. 4.3 COUNTY agrees that in any contract entered into by COUNTY which is contemplated bythisAgreement in which COUNTY has required a contractor -2- • to name COUNTY as an additional insured, COUNTY shall also require that the CITY and FDOT be named as additional insureds. Said insurance policy shall not be modified or canceled without thirty (30) days prior written notice to COUNTY. 5. TERMINATION: 5.1 This Agreement may be terminated for cause or for convenience, by action of COUNTY or CITY, upon thirty (30) days' written notice by the party that elected to terminate. This Agreement may also be terminated upon such notice as COUNTY or CITY deems appropriate under the circumstances in the event it is determined that termination is necessary to protect the public health, safety, or welfare. 5.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of COUNTY or CITY as set forth in this Agreement, or multiple breach of the provisions of this Agreement, notwithstanding whether any such breach was previously waived or cured. 5.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement. 6. NOTICES: Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: If to COUNTY: County Administrator Broward County Governmental Center 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 with a copy to: Director, Broward County Aviation Department 320 Terminal Drive Fort Lauderdale, Florida 33315 -3- If to CITY: City Manager City of Dania Beach P. O. Box 1708 Dania Beach, Florida 33004 7. INDEMNIFICATION: To the extent provided by law, CITY agrees to be fully responsible and liable for all claims, liabilities, damages, costs, actions, suits or proceedings at law or in equity which may occur as a result of the negligent acts or omissions of its agents or employees. Further, to the extent provided by law, COUNTY agrees to be fully responsible and liable for all claims, liabilities,damages, costs, actions, suits or proceedings at law or in equity which may occur as a result of the negligent acts or omissions of its agents or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 8. WAIVER OF BREACH AND MATERIALITY: Failure by COUNTY or 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 of the terms of this Agreement. COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is .substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 9. COMPLIANCE WITH LAWS: CITY and COUNTY agree to comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 10. SEVERANCE: In the event this Agreement or a portion of this Agreement is found by a. court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 11. JOINT PREPARATION: Preparation of this Agreement has been a joint effort of COUNTY and CITY and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any Is other. -4- 12. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 19 of this Agreement shall prevail and be given effect. 13. APPLICABLE LAW AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 14. 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 CITY. 15. PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this ® Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 19 above. 16. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" through "D" are incorporated into and made a part of the Agreement. 17. LEGAL PREREQUISITES: The parties hereto.agree that all legal requirements or prerequisites pertaining to the execution of this Agreement have been performed. Each party shall notify the other, at least seven (7) days in advance, of the date upon which its governing board shall consider approval of this Agreement, and shall further provide the other with copies of the official records evidencing the action taken by its governing board with regard to this Agreement. 18. SUCCESSION OF AGREEMENT:. This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. -5- 19. MULTIPLE COPIES: Multiple copies of this Agreement may be fully executed by the parties, each of which shall be deemed to be an original. 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 or Vice- Chair, authorized to execute same by Board action on the day of 20 ; and CITY OF DANIA BEACH through its Mayor and City Manager authorized to execute same by Commission action on the - day of November 20 00 COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator, as Ex-Officio Clerk of the By Board of County Commissioners Chair of Broward County, Florida day of , 20 Approved as to form Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Barbara M. Hill Assistant County Attorney -6- AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH RELATING TO DESIGN, INSTALLATION, AND MAINTENANCE OF "WELCOME TO DANIA BEACH" SIGN LOCATED AT U.S. HIGHWAY ONE AND GRIFFIN ROAD, BROWARD COUNTY, FLORIDA CITY CITY OF DANIA BEACH With. les: - / K. c , Mayor By: ( Michae �qi-t3h, City Manaqer 28th day of ovember , 20 00 [CORPORATE SEAL] ATTEST: APPROVED AS TO FORM: Sheryl Chaioman, ActingCity Clerk By Thomas Ansl5ro City Attorney G:\CTYATTY\BMH\WPAGREE\dania.aO1 06/14/00 #98-71.55 -7- EXHIBIT "A" SURVEY NOTES I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY•EASEMENTS,OWNERSHIP,OR OTHER INSTRUMENTS OF RECORD, 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE CENTERLINE OF CONSTRUCTION OF GRIFFIN ROAD AS SHOWN ON THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT-- AIRPORT EXPANSION PROJECT- APRONS,ROADS,PARKING & UTILITIES CONTRACT S-5 AND AS PREPARED BY WILLIAMS HATFIELD AND STONER,INC.,LATEST REVISION DATE OF 9/2/86 WITH AN ASSUMED BEARING OF NORTH 89'45'47'EAST. A. THE 'LAND DESCRIPTION'HEREON WAS PREPARED BY THE SURVEYOR. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH. 6. DATA SHOWN HEREON IS BASED UPON THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT-AIRPORT EXPANSION PROJECT- APRONS,ROADS,PARKING & UTILITIES CONTRACT S-5 AND AS PREPARED BY WILLIAMS HATFIELD AND STONER,INC.,LATEST REVISION DATE OF 9/2/86. LAND DESCRIPTION; A PARCEL OF LAND LYING IN THE NORTHEAST ONE-OUARTER (N.E.1/4)OF SECTION 34 AND THE SOUTHEAST ONE-QUARTER (S.E.1/4) OF SECTION 27,TOWNSHIP 50 SOUTH,RANGE 42 EAST,BROWARD COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER (S.1/4)CORNER OF SAID SECTION 27.THENCE NORTH 00'14'13'WEST,67.25 FEET TO THE CENTERLINE OF CONSTRUCTION OF GRIFFIN ROAD AS SHOWN ON THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT - AIRPORT EXPANSION PROJECT APRONS,ROADS,PARKING & UTILITIES CONTRACT S-5 AND AS PREPARED BY WILLIAMS HATFIELD AND STONER,INC.,LATEST REVISION DATE OF 9/2/86;THENCE NORTH 89'45'47'EAST,ALONG SAID CENTERLINE,369.36 FEET TO A POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD No.5 (U.S.D AND THE EAST RIGHT-OF-WAY-LINE OF THE F.E.C. RAILROAD AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 86095-2408 (SHEET No.2 of 81 SAID POINT ALSO BEING THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2397.44 FEET,(A RADIAL LINE TO SAID POINT BEARS NORTH 57'21'13'WEST);THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT-OF-WAY LINE AND SAID EAST RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 01'47'47',AN ARC DISTANCE OF 75.16 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89'45'47'EAST,86.33 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST,HAVING A RADIUS OF 1.00 FEET;THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 124'19'41',AN ARC DISTANCE OF 2.17 FEET;THENCE SOUTH 34'05'26'WEST.112.54 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 2111.37 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'38'39',AN ARC DISTANCE OF 60.59 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 1.00 FEET;THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 128'42'40',AN ARC DISTANCE OF 2.25 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST,HAVING A RADIUS OF 258.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF.16'36'17',AN ARC DISTANCE OF 74.77 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 2397.44 FEET (A RADIAL LINE TO SAID POINT BEARS NORTH 61'I8'45'WEST)SAID POINT ALSO BEING ON THE SAID WEST RIGHT-OF-WAY LINE AND SAID EAST RIGHT-OF-WAY LINE;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT-OF-WAY LINE AND SAID EAST RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 02'09'46',AN ARC DISTANCE OF 90.50 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA,(CONTAINING 9,186 SQUARE FEET,0.2109 ACRE MORE OR LESS). CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF,AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON JUNE 11, 1998. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES,SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH AND SCHNARS,P.A. ENGINEER ANNERS-SURVEYORS BY:ROBER i K.KRISAK,P.S.M. FLORIDA REGiSTRATION NO.4641 r (GRIFFIN ROAD) SIGN PERMIT SKETCH ® ]ASt,1SHOWN DATE REVISIONSSKETCH OF DESCRIPTION DATE EITH A SCHNARS, FIX SCALE LB 1337 A PORTION OF S.R.5 (U.S.1)PER ENGIEERS - PLAWERS • SURVEYORS F,D.O.T,R/W NAP SECTION N0. FIELD BK6wo K uaErs A>Err.rucFmuErL asr Rsu rx�s86095-2408 (SHEET 2 of 8) DWNG BY SHEET NO. OF 2 SHEETS BROWARD COUNTY,FLORIDA CHK.B DRAWING-NO.' 14926E Pm Z _N0(r14'13*W_ 60 0 60 67.25' i I GRAPHIC SCALE j ZE I Ln !A O c")N I I a cI N 7V al r*T 4 Ln l aI ~1 ,A! I J Q11 '0I WI O`I 1 I 1 R I �rRrq� 1 FO Mop SF��•�; •� N rn Im- (A 'A� °Ro2R .a I _I m m o n�:p a oow p ��,��O , pyd V i m n r / �dd I � m � to dam,�2 1 M 0 m hC,0v 10 1 _I O r R21.00• /, (IV . 1I n z =►28'42'40• Ala r9, r� ��O.wV I v m e L=2.25' 0 -1i0BS SN z 94R 4F 00 \ d 11 of Q a 3y. 019, O,Q a by�c,p OS26. <Fss' m b�vw O?e4 Do / cn (� LEGEND .,�;v IcD L ARC LENGTH Mop O S I i B.C.R. BROWARD COUNTY RECORDS SFfr/O''S // I� COR. CORNER 'v IC (L CENTERLINE 0.96., V� IC-) F.P.L. FLOR IOA POWER AND LIGHT 95�,�f ' tJD'OQ I- L.B. LICENSE BUREAU M.N.B. MISCELLANEOUS MAP BOOK O.R.B. OFFICIAL RECORD BOOK 9 P.B.C.R. PALM BEACH COUNTY RECORDS IG") P.O. PLAT BOOK I_� PG. PAGE IT P.6.8. • POINT OF BEGINNING IT P.O.C• POINT OF COMMENCEMENT i Z P.S.M. PROFESSIONAL SURVEYOR MAPPER R RADIUS 1� RGE. RANGE I D R/W RICHT-OF-WAY SEC. SECTION I� TWP. TOWNSHIP n CENTRAL ANGLE I fjrfj>� NON-VEHICULAR ACCESS LINE NOTE: DATA SHOWN HEREON IS BASED UPON THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT - AIRPORT EXPANSION PROJECT - APRONS,ROADS, PARKING G UTILITIES CONTRACT S-5 AND AS PREPARED BY WILLIAMS HATFIELD (GRIFFIN ROAD) AND STONER.INC.,LATEST REVISION DATE OF 9/2/86. 7 SIGN PERMIT SKETCH J:PROJECTS:ISURV:GRIF-USIEGRIFUSOI.DGN SKETCH OF DESCRIPTION DATE 6-II-98 DATE REVISIONS o KEITH and SCHNARS, RA. 0 SCALE As SHOWN LB 1337 A PORTION OF S.R.5 (U.S.D PER r ENGINEERS . PLANNERS - SURVEYORS F.D.O.T.R/W MAP SECTION No. FIELD BK. `N.A. cso ,MWISAFLR.0 f10WLFL3M-t9FUIN-" 86095-2408 (SHEET 2 of 8) DWNG.BY K.W.D. SHEET No. 2 of 2 SHEETS BROWARO COUNTY,FLORIDA Ck BY"`R.K.K: DRAWING NO. 14925L EXHIBIT "B" STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION 7-86 ' —8 ohs- 87 P E R M I T DATE August 20, 1987 Permit No. S56S 7 O(3 SUBJECT: Section '(o0 State Road _ S' County Brcward PERMITTEE City of Dania, Public Works Oepartment Requesting permission from the State of Florida Department of Transporta- tion, hereinafter called the Department, to construct, operate and maintain welcanv sign at Southwest corner of New Griffin Road 5 Federal Hiohwaf, bahia - two (2) si.cros: one facing North, one facing west. from MP Station to MP Station 1. Proposed work is within the corporate limits of a municipality. YesM No( ) Name of Municipality City of Dania 2. Applicant declares that prior to submitting this application he has ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of improvement was mailed on to the following utilities/ municipalities. N/A 3. Is Interstate or Toll Road right-of-way involved? Yes ( ) No( ) 4. It is expressly stipulated that this permit is a license for per- missive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. S. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of such highway, or that it is necessary for the public transportation facility, any and all facilities shall be immediately removed from said highway or reset or relocated thereon as required by the Department, all at the expense of the permittee unless reimbursement is authorized. V( the construction and maintenance of such facility shall not i i'EA fere with the property and rights of a prior permittee. 7. ,T�e WIT HOLDER covenants and agrees that it will indemnify, defend),and hold harmless the DEPARTMENT and all of the t, ;.DEPAR�(ENT'S. officers, agents and employees from any claim, loss, damagg,, lost, charge or expense arising our of any act, action, ' �pegleEt or omission by the PERMIT HOLDER during the performance of the((iork whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, l ,I 'rlexcept that neither the PERMIT HOLDER nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees. B. In case the permit holder fails to meet any of the Departments Requirements, the permit holder will be BARRED from preforming further work under this permit and will be required to bring the permitted work into compliance or remove said work from the right-of-way at no cost to the Department, AND THE PERMIT HOLDER WILL STILL BE BOUND BY THE INDEMNITY PROVISION OF PARAGRAPH 7. 9. All work shall meet the Departments Standards and be certified by THE ENGINEER OF RECORD, that the work has been substantially completed in accord with the Department Standard Specification for Road and Bridge Construction, and in accord with all rules, regulation, policy, plans, special provision, and safety standards pertaining to this type work. The Engineer of Record is Herbert F. Lund, P.E. Located at _City of Dania, P.O. Box 1708, Dania _,Florida. 33004. Telephone No. A305) 921-8700 Page 1 of 2 D-4(W)(S) 4-84 10. All materials and equipment may be subject to inspection by the Maintenance or Resident Engineer. 11. All Department property shall be restored to its original condition as far as practical, in keeping with Department specifications, and in a manner satisfactory to the Department. 12. The attached sketch and special provision covering details of this installation shall be made a part of this permit. 13. The permittee shall commence actual construction in good faith within 30 days from the day of said permit approval and shall .be completed within 60 days. If the beginning date is more than 60 days from date of permit approval, then permittee must review the permit with the D.O.T. Maintenance Engineer to make sure no changes have occurred in the highway that would affect the permitted construction. 14. The Office of,% Maintenance or,.Resident, Engineer located atr77 J Florida, telephone number i=_f..;._: will be notified twenty-four(24) hours in advance of the preconstruction meeting and again immediately before beginning work.. 15. Special Instructions: --- rnpYOrTb"S1'CRMITANU - 16. Special Condition: wlLt PF oN ?r�s-014 OF 17. Effective July 1, 1986, according to the State Statue, the Permittee must notify the local Law Enforcement Agencies prior to the closing of one (1) or more lanes of the State Highway for a period that exceeds two (2) or more hours for repair, reconstruction or alteration of the roadway. Submitted by: Herbert. F. Ltmd, P.E. Director, PublUgmor`�se e%iT Alas city of Dania, 100 W. Dania Beach 131w4 , ,33004; Place Corporate,�Seal• <) "A Attested "Waiver of Corporate Seal" on file with General Counsel, State of Florida Department of Transportation, Tallahassee, Florida. . Yes( ) No(x) Roadway Construction is proposed underway. Yes( ) Job Number No (�) Recommended for approval 7i✓ Title .0 Ct 211987 Date Approved by: �-- E� t. orized Representative DISTRICT.TRAFFIC SLRVICES EIIGINL-LC. r Page 2 of 2 RESOLUTION NO. 2000-142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION MODIFY AN EXISTING SPECIAL PERMIT PERTAINING TO SIGNAGE AND LANDSCAPING OF A PORTION OF THE INTERSECTION OF NEW GRIFFIN ROAD AND U.S. HIGHWAY.ONE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Department of Transportation ("FDOT") controls and regulates the property at the southwest comer of New Griffin Road (S,R. 818) and U.S. Highway One (the "Site'; and WHEREAS, on August 20, 1987, FDOT issued Special Permit No. S-8687.013, authorizing the City of Dania Beach (the 'City") to construct, operate and maintain two °welcome signs"at the Site; and WHEREAS, the City wishes to contract with the Board of County Commissioners Mof Broward County CBroward County" or the "County'°) for the installation of a new entryway sign and new landscaping to replace the current "welcome signs" and landscaping at the Site; and WHEREAS, the City Commission of the City of Dania Beach (the "Commission") requests that FDOT modify Special Permit No. S-8687.013 to allow the County, on behalf of the City, to remove or contract for the removal of the ekdsting '%welcome signs" and landscaping at the Site; and WHEREAS, the Commission also requests that FDOT modify Special Permit No. S-8687.013 to allow the County, on behalf of the City, to install a new entryway sign and new landscaping at the Site, or contract with another party to install a new entryway sign and new landscaping at the Site; WHEREAS, the City agrees that it will maintain the new entryway sign and new landscaping. EXHIBIT RESOLUTION NO. 2000-142 D 8 C NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Dania Beach, Florida: Section 1: That the appropriate City officials request FDOT to modify Special Permit No. S-8687.013 to allow the County, on behalf of the City, to remove the existing "welcome signs" and landscaping at the Site or contract with another party to do so; and, further, to allow the County, on behalf of the City, to install a new entryway sign and new landscaping at the Site, or contract with another party to install a new entryway sign and new landscaping at the Site. Section 2: That the City agrees that it will maintain the new entryway sign and new landscaping. 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 this 12th day of September, 2000. C.K. MC OR -COMMISSIONER ATTEST: ROLL CALL: MAYOR'McELYEA-YES VICE-MAYOR BERTINO-YES 4SHRIY�*LCHAPMAKCOMMISSIONER CALI -YES ACTING CITY CLERK COMMISSIONER ETUNG -YES COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS. BY: � n T OM S JAWSBRO CITY ATTORNEY RESOLUTION NO. 2000-142 03:46PM FROM-08RIEN KREITZBERG +954-359-1035 T-551 P-WUS r-irse FLORIDA Ms. Regina Bo Bo Jackson Gator Engineering Consultants, PA 270 Rhone Way Miramar, Fl 33025 Re. Entryway Plans for Griffin Road and US 1 Dear Regina: The City of Dania Beach has reviewed your revised plans for the entryway located at Griffin Road and US 1. We find the designs consistent with our previous request for revisions however, we would like to request that two additional Palm Trees be added at the back comers on each panel. Other than that, we have no other requests or comments. Thank you for accommodating our design suggestions thus, the end result should be a beautiful addition to our city. We appreciate all your cooperation and effort that has been present on this plan, Sin kl- M) he . Smith C M agar EXHIBIT "D" 7% "BrvWNX3 Fiat City' Ioo wuc Dania Bead►Boulc►wd Dania Beach. Ftnrida ianns WEISS SERCITA HELFMAN PASTOAIZA & GUEDES, P.A. ® ATTORNEYS AT LAW BROWARD OFFICE NINA L.BONISKE 3111 STI RLI NG ROAD, SUITE B ELAINE M.COHEN JAMIEALAN COLE FORT LAUDERDALE, FLORIDA 33312 DOUGLAS R.GONZALES EDWARD G.GUEDES STEPHEN J. HELFMAN GERALD T. HEFFERNAN JOHN R. HERIN,JR. GILBERTO PASTORIZA JAMIE ALAN COLE CHRISTOPHER F.KURTZ JOSEPH H.SEROTA MANAGING SHARE H OLDER-B ROWARD OFFICE PETER A.LICHTMAN RICHARD JAY WEISS DAVID M.WOLPIN KAREN LIEBERMAN• BERNARD S. MANDLER• STEVEN W.ZELKOWITZ TELEPHONE (954)763-4242 MARIE E. MATO TELECOPIER (954)764-7770 GARY I. RESNICK• WWW.WSH-FLALAW.COM NANCY RUBIN• THOMAS J.ANSBRO • MIAMI-DADE OFFICE GAIL D.SEROTA• LILLIAN ARANGO DE LA HOZ • 2665 SOUTH BAYSHORE DRIVE•SUITE 420 ARI C.SHAPIRO ALISON S. BIELER MIAMI, FLORIDA 33133 JEFFREY P.SHEFFEL TELEPHONE (305)854-0800• TELECOPIER (305)854-2323 M ITCHELL A.BIERMAN NANCY E.STROUD•THEN MITCHELL J. BURNSTEIN *OF COUNSEL SUSAN L.TREVAR DANIEL A.WEVAR November 1, 2000 Ms. Charlene Johnson Deputy City Clerk, City of Dania Beach 0 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Resolution Regarding Entryway Sign Installation /Authorizing the Appropriate City Officials to Execute Agreement with Broward County Dear Charlene: Enclosed please find three originals of the "Agreement Between Broward County and City of Dania Beach Relating to Design; Installation, and Maintenance of `Welcome to Dania Beach' Sign Located at U.S. Highway One and Griffin Road, Broward County, Florida" (the "Agreement"). Please include a copy of the Agreement with the Resolution corresponding to it when preparing the next agenda. Also, FDOT has asked that it be notified prior to the start of the installation project. The contact information.is set forth in the correspondence from Carl Higgins, Landscape Architect, attached hereto. Ms. Charlene Johnson November 7, 2000 Page Two Thank you for your assistance. Should you have any questions,.please do not hesitate to contact me. Sincerely, Peter A. Lichtman PAL:bw 566.001 Enclosures cc: Mike Smith, City Manager(w/encls.) Barbara Hill, Assistant County Attorney(w/ encls.) Thomas J. Ansbro, City Attorney WEISS SEROTA HELFMAN PASTORIZA & GuEDES, P.A. Florida Department of Transportation JEB BUSH DISTRI GOVERNOR �r MAINTENANCE - DISTRICT 4 THOMAS F.BARRY,JR. 3400 West Commercial Boulevard,Fort 1.iuderdale,Florida 33309.3421 SECRETARY ,may Telephone:(954)777-4200 Fax: (954)777-4223 October 30, 2000 rY d Mr. Peter A. Lichtman 00 Weiss Serota Helfman Pastoriza & Guedes, P.A. , 3111 Stirling Road �Ir Ff. T,anderda12, Fl 3_1"1 ). Dear Mr. Lichtman: RE: Sign and Landscaping Permit- FDOT to City of Dania Beach Southwest Corner of New Griffin Road and Federal Highway Thank you for forwarding the site plan for the new Dania Beach entryway sign and landscaping. I ® have had our Traffic Operation section review the proposal and they given their concurrence to the proposed sign and landscaping. The Department is desirous of amending the Special Pernvt that was issued August 20, 1987 under Permit Number- S-8687.013/S-86020-368-'87, attached, to allow the installation of the new sign and landscaping. Please note that paragraphs nine (9) and fourteen(14)must be adhered to. The local Maintenance Office is located at 5548 N.W. 9th Avenue, Ft.Lauderdale, Fl 33309 -telephone number is 954-776-4300. The person that needs to be notified prior to the start of the project is Mr. Al Rich. Unless he requests a preconstruction meeting it will not be necessary. Should you or the City have any questions, please call me at(954) 777-4219. Thank you. Sincerel i Carl B. Higgins, A L Landscape Architect CBH/c cc: A. Rich ® L. Mayes. www.dot.state.fl.us ®RECYCLED PAPER CITY OF DANIA BEACH MEMORANDUM TO: MAYOR AND COMMISSIONERS CC: MICHAEL W. SMITH, City Manager FROM: PETER A. LICHTMAN, Assistant City Attorney DATE: August 28, 2000 RE: ENTRYWAY SIGN AGREEMENT WITH BROWARD COUNTY The City of Dania Beach (the "City") has negotiated an Agreement with Broward County (the "Agreement") for the installation of a new entryway sign and new landscaping to be installed at the southwest corner of New Griffin Road (S.R. 818) and U.S. Highway One (the "Site"). The Agreement requires Broward County to remove the existing "welcome signs" and landscaping currently at the Site, and to design and install a new entryway sign and new landscaping, including installing an irrigation system, at no cost to the City. The City would be responsible for the maintenance of the new sign and new landscaping. However, the Florida Department of Transportation ("FDOT") currently controls and regulates the Site. As such, before the Agreement can be entered into, the City must request that FDOT modify its Special Permit No. S-8687.013, so as to allow the County, on behalf of the City, to perform the work required in the Agreement (on August 20, 1987, FDOT issued Special Permit No. S-8687.013, authorizing the City to construct, operate and maintain two "welcome signs" at that location). Once that permit is modified to allow the County to perform the work,the City may then enter into the Agreement. The Agreement is consistent with the interlocal agreement the City entered into with the County in 1995, pertaining to the Airport expansion (the Site falls within the exclusive jurisdiction of the Airport). The interlocal agreement called for Broward County"to approve, or support the granting by the appropriate agency of, an easement to allow the continuation and maintenance" of the signs. Paragraph 19 of the 1995 agreement states that the"CITY agrees to maintain said entry sign. The COUNTY further agrees to install . . . at no cost to the CITY, a landscaped gateway to the CITY on U.S.1, south of Griffin Road." Although no mention is made as to which party was to maintain the landscaping, the City has always done so(the County has not assumed such responsibility). Two resolutions have been prepared for your consideration. Proposed Resolution No. 2000- requests FDOT to modify its Special Permit. Once that resolution subsequently passes and FDOT modifies its Special Permit, a second resolution, Resolution No. 2000-_, will be presented for consideration. That resolution authorizes the appropriate City officials to execute the Agreement with the County. If you have any questions or comments, please do not hesitate to contact me or Tom Ansbro at (954) 763-4242.