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HomeMy WebLinkAboutNULLAGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, APRIL 24, 2007 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. Melvin Kennerly, Greater Mt. Zion AME Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Special Event Request for the Reign Down South Florida Festival to be held at Boomers on April 27-29, 2007 4.2 Special Event Request for the Performer's Party and Salute to Wounded Warriors to be held at 200 Gulf Stream Way, on May 5, 2007 from 7:00 p.m. —10:00 p.m. 5. PROCLAMATIONS 5.1 Poppy Day — American Legion Auxiliary Unit 304 5.2 National Public Works Week Dania Beach City Commission Agenda — April 24, 2007 Page 2 of 5 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for "citizen comments" A thirty (30) minute "citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the April 4, 2007 Special Meeting Approve Minutes of the April 10, 2007 City Commission Meeting Approve Minutes of the April 12, 2007 S.E. Traffic Calming Workshop Resolutions 7.3 RESOLUTION #2007-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC. (PGAL), A TEXAS CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH DEVELOPMENT OF A MASTER PLAN TO ACCOMMODATE A COUNTY LIBRARY AND A PARKING STRUCTURE UPON A PART OF THE CITY ADMINISTRATION CENTER (CITY HALL), FOR AN AMOUNT NOT TO EXCEED $151,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-076 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $175,500; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY Dania Beach City Commission Agenda — April 24, 2007 Page 3 of 5 MANAGER TO PURCHASE PARKING MACHINES FROM BYTEWISE SOLUTIONS, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS FOR A SUM NOT TO EXCEED $61,140.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.6 ORDINANCE #2007-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE "DANIA JAI ALAI PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 3RD AVENUE AND NE 5TH AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DANIA JAI ALAF' PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE #2007-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda — April 24, 2007 Page 4 of 5 9.3 RESOLUTION #2007-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ALLEGRIA ENTERTAINMENT, INC. OWNER OF BEACH WATCH RESTAURANT LOCATED AT THE DANIA BEACH PIER, 300 NORTH BEACH ROAD, DANIA BEACH, FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 10, 2007) 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice -Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 11.1 Status of Bonds Issues — Commissioner Flury 11.2 Commission Summer Break 11.3 Discuss possibility of establishing a dedicated fund for Slot Machine Revenues — Commissioner Castro 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members — 3 per Commissioner — 2 Year Term) Commissioner Flury — 1 appointment Vice -Mayor Jones— 3 appointments 12.2 Human Relations Board (10 Members — 2 per Commissioner — 2 Year Term) Commissioner Bertino — 1 appointment Vice -Mayor Jones — 1 appointment 12.3 Marine Advisory Board (15 Members — 3 per Commissioner — 2 Year Term) Vice -Mayor Jones — 3 appointments Dania Beach City Commission Agenda — April 24, 2007 Page 5 of 5 12.4 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner — Alternates by entire Commission — 2 Year Term) Commissioner Flury — 1 appointment 2 Alternate positions 12.5 Planning & Zoning Board (5 Members — I per Commissioner — 2 Year Term) Vice -Mayor Jones — 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.2.1 N.O.I.S.E. Membership Renewal 13.3 City Clerk — Reminders: Wednesday, May 2, 2007 — 6:00 p.m. CRA Board Meeting Tuesday, May 8, 2007 — 7:00 p.m. Regular City Commission Meeting Tuesday, May 15, 2007 — 6:00 p.m. Workshop — Auditor Interviews Thursday, May 17, 2007 - 6:00 p.m. Abatement Hearing Tuesday, May 22, 2007 — 7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT -V � . ( City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3606 Fax: (954)921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy VanNoorden in the Administration Department at your earliest convenience. [ ] Capt. Sean Brown 1 Chief Land [ ] Dominic Orlando [ ] Larry Leeds [ ] Patty Varney — for Fire watch only [ ] Tom Ansbro [ ] Mary McDonald [ ] Chief Bryan Cowart - BSO [X] Louise Stilson, City Clerk for agenda [ ] Kristen Jones COMMENTS / REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ] NA APPROVAL SIGNATURE OF REVIEWER: DATE DISTRIBUTED: DATE RETURNED TO FIRE PREVENTION: DATE: 10/02/2006 10:52 3523712485 3523712405 VINEYARD PAGE 01 °q City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION — Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: _ . *Brief bescriptfon of the Event: ( �p� us(C ( SeA�tk 2d (kin (-,� ['Ll I Address/Location of Eve"e.� Event: S Event Coordinator: A� t l.t l p Phone #1 cJ E- ilAddress: Phone #2- Additional Contact Person for the Eve _RO u-7I :T Q>0aT(C& Phone #1: - 56 I -_722 3OK E-mail Address: Phone #2: Fax: Organization or Sponsor of Evvef�nt` �(lav W 'It' V, Address: xv (� 4v Wj" yf / / 1 t{ 2- City, State, Zip nCodet'-t u 4Z6� {� IL '✓ Cf Phone:' �,,54✓ 7�% `3400 ax: Q 2CelL 15`f Is this a Non -Profit Organization? [ Yes [ ] No Tax ID #: S l' )�O>76 I��b Corporation Nam@ As It appears In the Articles of Incorporation): �u I /' Lkf, f nC-' Date of incorporation:� f G{q!— State of Incorporation: T (AJrLit CM Federal ID#: t 3(.()6 (Jre Authorizing Official for the Organization: itl_f�d�—tv,� rtiX(C Phone #1: 352- 3?5-'/a 55 E-mail Address: 01 QxL4 e o tA,,+MC11 r C OAA Phone #2: 352 -Al — 47-71 Authorizing Official for the Organization: Phone #1: • Phone #2:- E-mail Address: Special Events Application — Page 1 — Rev.MAY2006 .10/02/2006 10:52 3523712485 VINEYARD PAGE 02 *1104, w d i Property Owner: oc>me ' S *Please Note — Is the letter attached? [ ] Yes [VNo Will any portion of this event take place on ublic or City Property? [ ] Yes [ No Will there be a charge for admission? [„Y s [ ] No If yes, how much? to t --Has this event been held in the past? Yes [ ] No If So, Indicate the city location of last event: [.Q.t OWGCOU *Is the event to take place: [ ] Indoors [ Veloeutdoore [ ] Both *Number of Expected Daily Attendants: Of the god (ace, (BSO or Fire Details may be required - refer to page 6) *Anticipated Date and Time to Begin Set -Up: _awng",„, �I j( -�.n n *Anticipated Date and Time for Completion of Break -Down: 'V O110 — I t ft Q( 3D *Do you have a site plan forthe event to be submitted with this application? [a/Yes [ ] No *Please Note — A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay, The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. I *Is there a request for any road closures? [ ] Yes *Please identify the street name(s) andlor locations for closure requests: Please Note -These streets must also be identified on the site plan. Special Events Application — Page 2 — Rev.MAY2006 .Ift 110/02/2,006 10:52 3523712485 VINEYARD PAGE 03 'Are you iequesting to fence the event? [ ] Yes [/No Please Note — You must identify any fencing on the site pf *Will Canopies (No Sides) be used for this event? [ Yes [ ] No:; *Please Note - All canopies in excess of 400 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits' and inspections. Ail canopies must be flame retardant. A certificate of flame retardency and a sample of th'e canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach 81v/rt7' *Will Tents (With Sides) be used for this event? ( Yes [ ] No *Please Note —All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *WIII electricity be required for this event? (Ex. for lighting, sound, cooking, other po needs, etc.) [ Yes [ ] N *How will this electricity be supplied?� On -Site [ ] Generator [ �mbination of Both Please Note — The use of generators, of mpprary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? �/Yes [ ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): t '^t `S, soetthVV *Please specify the hours of entertainment - Will r_iaac• • • *Willa stage(s) be used in this event? [t/Yes [ ] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ Yes [ ] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi -Purpose" (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the_site plan indicatl�ll Special Events Application — Page 3 — Rev. MAY2006 10/02/2006 10:52 3523712485 VINEYARD Will thin be concessions or sales of food at this event? [/es [ ] No PAGE 04�''� a m —nn uriymai �rnncace or uamity insurance and Worker's Compensation is required from all ure that the Certificate is for this specific event, has the proper dates, and names the City of Dania dditional Insured. No event will be approved without this insurance. of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] if so,'indIcate the type of appliance(s) to be used and the number of each appliance to be used: I 1 N/A Gas•GAII(s); #-'.Je-- [ ] Charcoal Grill(s); #_ [ j Smoker Grills(s), #_ [ j Grease Fryer(s); #_ [ ] Oven(s); #_ (] Electric Range Burner(s); #_ [ ] Gas Range Burner(s); #_ 'Please Note - Grease Fryers are not permitted indoors unless they are protected wyh an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance th NFPA 96. •Dose each cooking appliance have its own dedicated Fire Extinguisher? Yes [ ] No P/eaajNote - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site nlan indicatinn '=Uili�cooking area have the proper clearances from all other event areas? Yes [ ] No Plea— -Cooking areas can be located no closer than 30 f et from any tent or canopy structure, event rides, SCages,.gYandstands or bleachers, etc. Ensure that this measy&ment is demonstrated on the site plan, Will there be sales of alcohol at this event? [ ] Yes No Please No - An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to submitted with this application. The license can be obtained from the State of Florida Department of BusZN/A nd Professlonal Regulation. If Yes, Please Specify Types of Alcohol to be Sold: [ ] Beer [ ] Wine ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini -Bar [ ] Beer Tub [ y Table Service Other: / Will there be alcohol given away at this event? [ J Yes [VNo Please Specify Types of Alcohol to be given we N/A (] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: WIII there be retail sales at this event? [ yes [ ] No -�: �%QYiaU,S Chr��,�i�,n �ylerc,%►ar��id�/S Spacial Evants Application - Page 4 - Rev. MAY2006 10/02/2006 10:52 35237124e5 VINEYARD PAGE 051' 'Will there /,any arnival rides, mechanical or vehicular rides, or animal rides at this event? Yes[ i *If yes, please describe: WhaE isname of the vendor or vendors providing the rides? �ma. iva[e - IT carnival noes are to be present, the es must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rid opening. Are you providing to us a copy of the ride v ndor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes No *Please Note —An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, an7No es the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. 'Will recreational vehicles be used for temporary overnight housing? [ ]Yes Please Note — Indicate the locations of these on the site plan. 'Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits an inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) VsL 9WI1 therebe use of any Grandstands or Bleachers for seating at this event? [ ] Yes o 'Please Note - Bleachers and Grandstands may have to meet special safety code requiremeocations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? Yes [ ] No If so, How many? 3 [ I N/A Please Note— Provide the locations of all sanitary facilities on the /sitean. Is there a request for any temporary signage for this event?sPlease Note - Any questions regarding temporary signage shoudirected 924-3646. No Code Enforcement, (954) >. Are there any services being A requested lfrom the City of Dania Beach? Yea [ ] No „l Ifyes, please explain: ��IvtP O til�� �(� �, t 'Please list any other conditions, terms or relevant info ation related to f�+Is event that may be of Interest to those reviewing this application for approval:/� "Indicates special attention Fire Prevention. Special Events Application — Page 5 — Rev.MAY2006 a,r� i 10P0 1A06 10:52 3523712485 VINEYARD PAGE 06 -11 BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT A Fire -Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards Involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off -Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and "apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). ,;}LItGost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $71.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire -Watch. The Event will be responsible to pay the actual service price incurred. The in rmation I have provided on this application is true and complete to the best of my knowledge. I and that approval of this event is contingent upon review and approval of all City Disciplines, the C' o 's Office and the City Commission. PW, (1,A) W VWk, re of Appliciffit 'nne Oete STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _ day of , 2006 By who is personally known to me, or, if not, produced the following form of identification: Notary Public Sign: My Commission expires: Print: My Commission number: Special Events Application — Page 6 — Rev MAY2006 b 10: 52 I GOODNEWS - -MINISTRY TENT ST 3523712485 VINEYARD �`, �i ■;,■��■ ■ ,� ti • FBSTAGE I!• S W 4(f* E N Reign Down South Florida Festival Q Boomels RAMP 46- #' ■ ISLAND WATERSPORTS 0 TENT § XTREME SPORTS WITH CHRISTIAN SKATERS RAMP 48+ ISLAND WATERSPORTS ABOVE AND BEYOND PAGE 07 co - S m b 2 cn r z -V 4 a` City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office:(954)924-3606 Fax: (954')921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy Herman in the Administration Department at your earliest convenience. Event Name Bass Pro Performers Party and Salute to Wounded Warriors Event Date May 5, 2007 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ 'hief Donn Peterson — BSO Louise Stilson, City Clerk for agenda [ ] Kristen Jones COMMENTS / REQUIREMENTS:[ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ] NA APPROVAL SIGNATURE OF REVIEWER: DATE DISTRIBUTED: DATE RETURNED TO FIRE PREVENTION: Y City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on "PRIVATE" PROPERTY Please PRINT or TYPE Event Name: 'Brief Description of the f ��(Y_� ✓i r-, rlv r�Y� r.�iT', /ls'.��c�� /. F�,ar� cam. f n�f"!'1C?inr)9r'J1� �%i` CCi i Address/Location of Event: Event Coordinator: "fl L) Phone #1: Li` 4Ay E-mail Address: C�n eP E' �' �ci� =J/C' GD ✓ Phone #2: tl`.>t( -- qX-1- 1-71 C Fax C$c-sq 7 7 Additional Contact Person for the Event: LJ<<d' C Ko-fz Phone#1: "I>�f-���E-mail Address: J(kl et G Phone#2: Fax Cl t�" Cay- `nCi� Organization or Sponsor of Event: Address: 5�) 011 City, State, Zip Code: Phone: Fax: Cell: /� Is this a Non -Profit Organization? [ ] Yes [irNo Tax ID #: 13 t U, Corporation Name (As it appears in the Articles of Incorporation): Date of Incorporation: Federal ID #: State of Incorporation: Authorizing Official for the Organization: 1Organization: JtX �J Y P If Phone #1: ('15 -��:1LJ� -S �C "� E-mail Address: Phone #2: Cj5q - (11v1-171C? Authorizing Official for the Organization: Phone #1: Phone #2: E-mail Address Special Events Application - Page 1 - Rev.FEB2006 C!C� Property Owner: U7,5 *Is a letter of consent submitted with this application from the property owner to the City of Dania Beach indicating that consent is given to the event sponsor to host this event on the property of the owner? [ ] Yes [ 4-No *Please Note - A letter of Consent is required for the approval of this application. Will any portion of this event take place on Public or City Property? [ ] Yes [ VWo Will there be a charge for admission? [ ] Yes [VJ rvo If yes, how much? Has this event been held in the past? [ ] Yes [W,9'0 If So, Indicate the city location of last event: *Is the event to take place: [ ] Indoors [ ] Outdoors [pr'b5oth *Number of Expected Daily Attendants: UO" Z %01) (BSO or Fire Details may be required - refer to page 6) *Please indicate the duration of the event DAY DATE START TIME END TIME TOTAL # OF HOURS -''- ,r *Anticipated Date and Time to Begin Set -Up: 7 c{ L' l / C( Grr� *Anticipated Date and Time for Completion of Break -Down: J` - 7-02 A -)COO *Do you have a site plan for the event to be submitted with this application? [V]Yes [ ] No *Please Note - A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [i.]fes [ ] No *Please identify the street name(s) andlor locations for closure requests: Please Note- These streets must also be identified on the site plan. Special Events Application — Page 2 — Rev.FEB2006 *Are you requesting to fence the event? ry(Yes LAY No Please Note — You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [yes [ ] No *Please Note - All canopies in excess of 400 square feet [Per NFPA 1 Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents (With Sides) be used for this event? [ ] Yes [ ] No *Please Note — All tents in excess of 200 square feet [Per NFPA 1 Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? / (Ex. for lighting, sound, cooking, other power needs, etc.) [ 1]'Yes [ ] No *How will this electricity be supplied? [ ] On -Site [t.] Generator [ ] Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [,I -Yes [ ] No I—n q *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): _ W K15 f I I Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL # OF HOURS w7 40, 30 . ;- , 0 ,� *Will a stage(s) be used in this event? [ ] Yes [ No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ 4Yes [ ] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi -Purpose" (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by Special Events Application — Page 3 — Rev.FEB2006 Will there be concessions or sales of food at this event? [L]-Yes [ ] No Please specify: k—i112 I N IC S *Will any type of cookingappliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes [%4�No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grill(s); #_ [ ] Gas Grill(s), #_ [ ] Charcoal Grill(s), # [ ] Smoker Grills(s), #_ [ ] Grease Fryer(s), #_ [ ] Electric Range Burner(s), #_ [ ] Gas Range Burner(s), #_ *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ ] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau *Does each cooking area have the proper clearances from all other event areas? [ ] Yes [ ] No Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [11,11yes [ ] No Please Note — An original certificate of liquor liability insurance is required to be submitted with this application. If Yes, Please Specify Types of Alcohol to be Sold: [ ] N/A [tyMixed Drinks [ ] Other: [4-Beer [vj"Wine [ }'Liquor 1.1 Will there be alcohol given away at this event? [4 Yes [ ] No PleaseSpecify Types of Alcohol to be given away: [ ] N/A [„]-geer [-J-Wine [ quor [-YMied Drinks [ ] Other: If a]Aohol is being served, please ind' to how the beverages will be served: [ ] N/A Ili Draft Truck [ ] Cold Plate (I Mini -Bar [ ] Beer Tub [ ] Table Service Other: Will there be retail sales at this event? [ ] Yes [0'140 Please Specify: Special Events Application — Page 4 — Rev. FEB2006 *Will there be pi carnival rides, mechanical or vehicular rides, or animal rides at this event? [ ] Yes [ *If yes, please describe: What is the name of the vendor or vendors providing the rides? [ -NIA Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability Insurance with this application? [ ] Yes [ ] No *Please Note - An original Certificate of Liability Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [q]No Please Note - Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [ 4�Ao *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [ 4-9-0 *Please Note - Bleachers and Grandstands may have to meet special requirements. Locations must be indicated on the site plan. Are portable sanitary facilities being provided for this event? []'Yes [ ] No If so, How many? [ ] NIA Please Note - Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes [ Y140 Please Note - Any questions regarding temporary signage should be directed to Code Enforcement, (954)924-3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [ ] No If yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: *Indicates special attention Fire Prevention. Special Events Application — Page 5 — Rev.FE62006 I DETAIL REQIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT A Fire -Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off -Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $71.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire -Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all y Disciplines, the City Attorney's Office and the City Commission. Signature of Applican Title 6 Date Special Events Application — Page 6 — Rev.FEB2006 (f� Uilln nui aim Pd 1""'o 0 A, y W r------D Il OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, the American Legion Auxiliary Unit 304, Dania Beach, Florida, requests May 26, 2007, to be proclaimed as Poppy Day in the City of Dania Beach, Florida; and WHEREAS, the American Legion Auxiliary each year nationwide places crepe paper poppies out for donations to benefit hospitalized and disabled veterans who make the flowers as physical therapy; and to remind all Americans of the price of war and the sacrifice of millions of lives; and WHEREAS, the City Commission of the City of Dania Beach wishes to support the American Legion Auxiliary in its efforts to benefit our veterans. NOW, THEREFORE, I, Bob Anton, as Mayor of the City of Dania Beach, Florida, do hereby proclaim May 26, 2007, as "POPPYDAY" in the City of Dania Beach and urge the entire community to support and recognize the importance of supporting our veterans. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 24`h day of April, 2007. ATTEST: LOUISE STILSON, CMC CITY CLERK BOB ANTON MAYOR -�3.1 IAN 2 5 2007 AMERICAN LEGION AUXILIARY 1�21-___ _ ha2skall fal?2ee unit 304 41 N.E. AMERICAN LFGICN COURT DANIA BEACH, FLORIDA 33004 January 23, 2007 Mayor Patricia Flury 100 West Dania Beach Blvd Dania Beach, Florida 33004 As Poppy Chairperson of the American Legion Auxiliary Unit 304, Dania Beach, Florida, I am requesting that Saturday, May 26, 2007 be proclaimed Poppy Day for the City of Dania Beach. With your permission, this is the day each year that members of the American Legion and the American Legion Auxiliary go to local businesses, with their permission, for the purpose of distributing poppies and accepting donations. The red crepe -paper flower is made by hospitalized American veterans with the supervision of Auxiliary volunteers. Making the poppies does provide physical and therapeutic aid to these veterans. The poppies are to remind all Americans of the price of war and the sacrifice of millions of lives. All donations are used to help disabled veterans, other veterans, and their families. Please advise me if this proclamation is approved and we will go ahead with our plans for May 27, 2006. I can be reached by letter at the above address or by phone at my residence,954-927-9781. Thanking,;Poppy your attention and consideration of our request. d ,J J n Chairperson American Legion Auxiliary Unit 304 c: Louise Stilson, City Clerk J. O2 OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, are vitally dependent upon the efforts and skill of Public Works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works Departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme, "Public Works: Moving Life Forward", is a tribute to the many positive improvements Public Works employees have made to our communities; NOW, THEREFORE, I, Bob Anton, Mayor of the City of Dania Beach, Florida, do hereby proclaim the week of May 20-26, 2007 as "NATIONAL PUBLIC WORKS WEEK" in the City of Dania Beach, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works, and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 24th day of April, 2007. ATTEST: LOUISE STILSON, CIVIC CITY CLERK BOB ANTON MAYOR Uzi MINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION ,IT PUBLIC HEARING — TOD/TOC ZONING REGULATIONS WEDNESDAY, APRIL 4, 2007 — 6:30 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:30 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice -Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Public Hearin>? 3.1 ORDINANCE #2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Community Development, presented an outline of the timeline of the TOD/TOC Zoning Regulations. He further explained the proposed TOD/TOC Zoning determines where a building can be located on a lot, the size of the building, how much parking is required, and how the building and landscaping will look. The TOD/TOC also determines what type of business and residential development is permitted and it is intended to encourage quality commercial and multi -family residential development adjacent to major roadways. The presentation is attached and incorporated into these minutes. Mayor Anton opened the Public Hearing. Clare Vickery, business owner at 49 N. Federal Highway, was concerned with parking in her area. She suggested there might be some creative agreements that could be made with the City's Parking Lot and Parking Garage at certain hours of the day. She asked for consideration of an arts location. Courtney Crush, representing Jay Patel of Lucky Motel, noted they met with Director Leeds and Principal City Planner Corinne Lajoie, to discuss the possibility of turning their hotel into an Airport Hotel. She explained they have been working on a plan with their architect. The Lucky Motel located at 205 N. Federal Highway is .46 acres and they cannot redevelop their property with the new zoning regulations. Attorney Crush indicated they can meet all the amenities, but they do not have the required .50 acre. She would like the Commission to consider how properties which are uniquely situated can redevelop. They would be ready to redevelop if the land requirement were less. Donald Hall, Gunter Yoakley, representing Boyd Gaming and Dania Jai Alai, distributed copies of their suggested proposed amendment to the TOC-1 to the Commission. He asked that Table F include Pari-mutuel Facility as a permitted use in the TOC-1 zoning area. Kurt Ely, 245 SW I" Avenue, was concerned with TOC-2 because if something happens to his house he would not be allowed to rebuild under the new regulations. He indicated there were 50- 60 single family homes that would not be allowed to rebuild. Director Leeds advised the property where Mr. Ely's house is located is zoned commercial. He does not anticipate changing the zoning, however, we could change the provision of the Code relating to non -conforming uses to allow the existing single family homes to rebuild. Joe Van Eron, 1500 SW 2°d Avenue, noted he has attended all the meetings. He commented this is a fabulous document and gives a plan for what people can do. Mr. Van Eton was concerned with the TOC-2, single family homes, and deed restrictions on the Sheridan Corridor. He suggested including the Sheridan Corridor in the TOC-2 district. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro thought this document was a good product overall. She commended staff for their hard work and commented she was pleased to see the community participating in the meetings. Commissioner Castro asked what would be the approach to the issues and concerns raised tonight. Director Leeds noted that Henry Iler, The Iler Planning Group, did not recommend changing the minimum lot size requirements in the ordinance, but suggested requests should be addressed on a case by case basis through variances. He advised the concerns expressed by Attorney Crush and Ms. Vickery could both be treated as variances, if they can prove their legal hardship to the Commission. Director Leeds clarified for the record that most items in the new regulations can be subject to a variance, except for the density. He indicated he had no objection to the request made by Attorney Hall, representing Dania Jai Alai, as nothing would change the way it is today. Director Leeds thought most of the homes that will be rezoned were 2-3 family residences and he will confirm this at the next Commission meeting. Minutes of Special Meeting 2 Dania Beach City Commission I" Public Hearing — TOD/TOC Zoning Regulations Wednesday, April 4, 2007 - 6:30 p.m. Henry Iler, The Iler Planning Group, noted we need the property behind Federal Highway to be combined with properties along Federal Highway at some point. He indicated that commercial property owners on Federal Highway will probably try to purchase these properties to be able to expand. Mr. Iler further commented that the cross -access parking agreements along Federal Highway are necessary and should be encouraged at all levels. Vice -Mayor Jones was concerned the TOD is limited to the east side of the FEC and does not go any farther. He asked if there would be an opportunity for that perimeter to be breached at a future time. Director Leeds advised we would have to amend our Land Use Plan and go through the same process for east of the FEC. He pointed out that the reason the west of the FEC was not included is because the land use in that area has very low density. Vice -Mayor Jones commended Director Leeds on the plan. He would like the City to consider some of the comments made tonight. Commissioner Flury thought the document presented was great. She was glad to see there will be a procedure in place to allow a property owner to present a variance request to the Commission for consideration. Commissioner Flury pointed out that she would not want the City to do anything detrimental to the single family homes. City Attorney Ansbro clarified for Commissioner Flury that he would not recommend extending the boundaries of the CRA to include the Sheridan Corridor before approval of the new regulations. He further noted that if the Commission would like to make any changes, we would need to go back to the County to amend our agreement with them to extend the boundaries. Commissioner Bertino thought we needed to tighten up the definition of antiques and present it to the Commission at the second reading of this Ordinance. Director Leeds responded for Commissioner Bertino that if a duplex is destroyed and the owner wants to build a single family home, it would not be allowed because the City does not want to encourage single family homes along transit redevelopment areas. Commissioner Bertino agreed with Vice -Mayor Jones and thought that the TOD boundaries needed to go west of where the train station would be located by at least 2-3 blocks. Director Leeds advised that moving the TOD boundaries would require at least a year, since we would need to go through the same process, and the City's Comprehensive Plan would need to be amended. Commissioner Bertino thought we needed to start the process as soon as possible. Commissioner Flury indicated it would be better to expand all the boundaries at the same time. Minutes of Special Meeting Dania Beach City Commission I" Public Hearing — TOD/TOC Zoning Regulations Wednesday, April 4, 2007 - 6:30 p.m. Mayor Anton commented we need to take care of this first, then move forward with expanding the boundaries. Director Leeds clarified for the Commission that expanding the LAC would involve significant cost. He further pointed out that it would cost $50,0004100,000 to amend the City's Comprehensive Plan, and although the cost would offset the price, it is still a very expensive process. Commissioner Bertino asked if condominium -hotels, for people staying on a short-term basis, were allowed. Director Leeds advised condominium -hotels were allowed as special exception use. He further commented that timeshares were not defined in the Code, but they would be included. Mayor Anton summarized the changes that need to be made for the second reading of this Ordinance, as follows: a better definition of antique vs. thrift shops; extending the boundaries of the CRA to include the Sheridan Street Corridor; an amendment to address the single family homes issue; the addition of timeshares to Definitions; and the inclusion of the Pari-mutuel Facility as a permitted use in the TOC-1 zoning area. City Attorney Ansbro suggested the Pari-mutuel Facility recommendation should be included in the motion to adopt Ordinance 42007-007 on first reading. City Attorney Ansbro read the title of Ordinance #2007-007. Commissioner Castro motioned to approve Ordinance #2007-007, as amended for Boyd Gaming, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes 4. Adiourmnent Mayor Anton adjourned the meeting at 7:50 p.m. ATTEST: LOUISE STILSON, CMC CITY CLERK Minutes of Special Meeting 4 Dania Beach City Commission I" Public Hearing — TOD/TOC Zoning Regulations Wednesday, April 4, 2007 - 6:30 p.m. Vice -Mayor Jones Yes Mayor Anton Yes CITY OF DANIA BEACH BOB ANTON MAYOR -COMMISSIONER MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 10, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice -Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 15 Year Service Award Presentation — Human Resources City Manager Pato and Kristen Jones, Director of Parks and Recreation, presented a service award certificate to Alan Stafford for 15 years of service to the City of Dania Beach. City Manager Pato and Laurence Leeds, Director of Community Development, presented a service award certificate to Connie Falzone-Tarrant for 15 years of service to the City of Dania Beach. Mayor Anton thanked Mr. Stafford and Ms. Falzone-Tarrant for their hard work and dedicated service to the City. 4.2 Presentation of the FAU Hometown Tours — Dr. Joyanne Stephens, Vice President for Broward Campuses Dr. Joyanne Stephens, Vice -President for FAU Broward Campuses, and Ron T. Bulger, Assistant Director of Governmental Relations, presented an update on Florida Atlantic University. Dr. Stephens explained that last year FAU began a series of "Hometown Tours" by having a member of their leadership team speak at a local City or County Commission meeting within the University's service area. She commented they are proud of the work done by their Faculty and staff at SeaTech University. Dr. Stephens advised FAU was awarded a $5M grant to produce renewable energy and invited the Commission to take a tour of SeaTech and meet the researcher heading up the program. She further noted that the Davie Campus is the largest branch campus in the State of Florida, with over 6,000 students. Next year the Davie Campus will expand to accommodate approximately 9,000 students to become the home of environmental science. Dr. Stephens pointed out that their main focus will be restoring the Everglades. She addressed Teacher Education and noted FAU prepares more teachers for the Broward County School Board than any other University in South Florida. They are looking for innovative ways to bring people into the teaching profession, which is one of the most critical workforce shortages. Finally, Dr. Stephens thanked the Commission for allowing them to have their 2"d Annual FAU Seaside Shindig on March 29-31, at Dania Beach. Vice -Mayor Jones asked about a scholarship for Oceanography that once existed in the City of Dania Beach for deserving students. He thought some future arrangements could be made to bring this program back to the City. Dr. Stephens agreed to look into this matter and report back to City Manager Pato. 4.3 Special Event request for the American Cancer Society Relay for Life, to be held at Frost Park, on April 20-21, 2007 Lisa Young, Chairman of the Relay for Life, and Marie Letzer, Co -Chairman, were present to answer questions. Commissioner Bertino motioned to approve the Special Event Request for the American Cancer Society Relay for Life to be held at Frost Park; seconded by Vice -Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice -Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4.4 Special Event request for the Florida Intercultural Academy School Picnic/Field Day, to be held at Frost Park, on Wednesday, May 30, 2007 from 8:00 a.m. — 2:00 p.m. Commissioner Flury motioned to approve the Special Event Request for the Florida Intercultural Academy School Picnic/Field Day, to be held at Frost Park; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Commissioner Bertino Yes Vice -Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments There were no citizen comments at this meeting. 7. Consent Agenda Items pulled from Consent Agenda: #7.3, #7.7 and #7.8 7.1 Minutes: Approve Minutes of the March 20, 2007 Organizational Meeting Approve Minutes of the March 27, 2007 City Commission Meeting 7.2 Travel Requests: Travel request of City Manager Ivan Palo to attend the National Council of Legislators from Gaming States (NCLGS) in Las Vegas, Nevada, from June 7-10, 2007. (Estimated cost $1,850, remaining budget $9,713) Travel request of Commissioner John Bertino to attend the National Council of Legislators from Gaming States (NCLGS) in Las Vegas, Nevada, from June 7-10, 2007. (Estimated cost $1,725, remaining budget $7,870) Travel request of Frank Crandon, Electrical Inspector, to attend the Building Officials Association of Florida 551h Annual Educational Conference and Trade Expo in Orlando, Florida, from June 3-7, 2007. (Estimated cost $857, remaining budget $1,638) Travel request of Frank Dipaolo, Accountant, to attend the Florida 2l't Century Community Leaming Centers Statewide Annual Spring Conference in Daytona Beach, Florida, from April 16-17, 2007, in regard to the T.I.M.E. 4 Kids Program. (Estimated cost $400, remaining budget $285) Minutes of Regular Meeting Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Resolutions 7.3 RESOLUTION #2007-068 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-068. Commissioner Castro asked about the process used to declare property surplus. She indicated some members of the community may have a need for the items. City Manager Palo responded we never received that direction from the Commission in the past. He did look into the condition of the computer equipment and discovered it would not be worth reconditioning. City Manager Palo commented this is a bidding process done through the City's Website, and we had good results last year. Commissioner Castro motioned to approve Resolution 42007-068; seconded by Commissioner Bertino. Vice -Mayor Jones suggested placing the funds received into an account to provide bonuses to the employees. He would like the Commission to look at these items before they are declared surplus, and confirm that taxpayers' money is used at its fullest. Commissioner Bertino commented the equipment is definitely surplus. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice -Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.4 RESOLUTION #2007-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM ZOLL MEDICAL CORPORATION, A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND DOLLARS ($17,000.00) FOR FISCAL YEAR 2006-2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-069 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF ADDITIONAL SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MOTOROLA, A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00) FOR FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, Minutes of Regular Meeting Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 PUBLIC SAFETY FACILITY FROM ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE FUNDING RELATED TO THE EXISTING CONTRACT WITH COASTAL CONTRACTING & DEVELOPMENT, INC. FOR THE CONSTRUCTION OF THE C.W. THOMAS PARK RECREATIONAL COMPLEX IN THE AMOUNT OF $50,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-073. Vice -Mayor Jones questioned the reason for the change order. Kristen Jones, Director of Parks and Recreation, responded the addition is necessary to construct a hallway to allow access to the restrooms in order not to disturb classes. Commissioner Bertino asked if we needed to rectify Frost Park, considering it is the same design -build plan as C.W. Thomas. Director Jones responded in the affirmative. She will obtain quotes for the job and bring them back for Commission approval. Commissioner Castro motioned to approve Resolution #2007-073; seconded by Vice -Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Ordinances (Title read by City Attorney) 7.8 ORDINANCE #2007-008 Vice -Mayor Jones Yes Mayor Anton Yes AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. City Attorney Ansbro read the title of Ordinance #2007-008. Vice -Mayor Jones asked for information on this project. City Attorney Ansbro noted the project is for townhomes in an area that once housed mobile homes. He indicated the developer has petitioned for a Community Development District in order to obtain bonds to help with costs associated with the project. City Attorney Ansbro clarified this project was similar to the Griffin Lakes/Harbour Isles development, which was recently completed. Gerald Knight, attorney representing the petitioner, noted this is authorized pursuant to Florida Statutes. This law allows developers and property owners to organize Community Development Districts for the purpose of constructing and financing infrastructure for new developments. He advised this is an independent special district that does not affect the City in terms of liability or taxes. Commissioner Castro asked if a notice could be provided to prospective buyers of the units stating this is their local community tax. Attorney Knight responded he has been working closely with the City Attorney regarding a disclosure notice. Commissioner Bertino reaffirmed Commissioner Castro's suggestion and requested a disclaimer about the airport be included in the notice. Commissioner Bertino motioned to approve Ordinance #2007-008, on first reading; seconded by Vice -Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Vice -Mayor Jones Yes Mayor Anton Yes Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items 07.3, #7.7, and #7.8; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Vice -Mayor Jones Yes Mayor Anton Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR CONSTRUCTION OF THE FROST PARK PATIO STRUCTURE IN AN AMOUNT NOT TO EXCEED $74,530.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-070. Kristen Jones, Director of Parks and Recreation, advised two companies bid on the project and Frank Hill Construction, Inc. was the lowest bidder. Commissioner Bertino motioned to approve Resolution #2007-070; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-005 Vice -Mayor Jones Yes Mayor Anton Yes AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION', OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33, "SCHEDULE OF CHARGES", TO DECREASE THE FINES FOR PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-005. He noted this was a housekeeping measure to reduce the prescribed parking citation amount. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-005, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Vice -Mayor Jones Yes Mayor Anton Yes 9.2 ORDINANCE #2007-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC', OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO DECREASE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-006. He noted this was a housekeeping issue requested by the Clerk of the Courts. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-006, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes 9.3 ORDINANCE #2007-003 Vice -Mayor Jones Yes Mayor Anton Yes AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL -GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS KNOWN AS "PORT LAUDANIA"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-003. Laurence Leeds, Director of Community Development, explained the location of the property. He noted there are two changes since the last meeting: 1) the applicant has submitted a revised definition of what type of barges are permitted; and 2) page 2 of the ordinance, section (m) (8) should be changed to reflect "no larger than three (3) net acres", instead of four (4) acres, as previously stated. Director Leeds recommended approval of the request, provided these changes are implemented. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Colin Donnelly, Assistant City Manager, reported the Chairman of the Marine Advisory Board was not aware of any problems with the type of barge used by G&G Marine, and did not foresee any future difficulties with their operation. Commissioner Castro motioned to approve Ordinance 92007-003, on second reading; seconded by Vice -Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Commissioner Bertino Yes Vice -Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION 92007-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ALLEGRIA ENTERTAINMENT, INC. OWNER OF BEACH WATCH RESTAURANT LOCATED AT THE DANIA BEACH PIER, 300 NORTH BEACH ROAD, DANIA BEACH, FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-041. City Manger Pato commented that he and City Attorney Ansbro are aware of Code and safety issues at the Pier Restaurant. City Attorney Ansbro advised we are concerned with the Building Code violations that continue to be a problem. One violation includes a boat at the dock that should have been moved by now. He indicated the request should not be allowed until the violations are corrected. City Manager Pato pointed out that we face fines from the County because grant funds were used to construct the docks. He further noted that if the boat is not removed by Friday, it will be towed away. Mayor Anton opened the Public Hearing. Elisabeth Stork, tenant, commented that today Dania Beach was the site of a 24-year record because a girl swam from Bimini. She noted the boat issue was resolved one hour ago. City Attorney Ansbro indicated there is a long list of issues that need to be resolved, such as electrical wires exposed and a bar placed underneath the pier without a permit. He pointed out these violations need to be addressed. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Ms. Stork commented they had an electrical inspection and the City official signed off on the inspection. City Attorney Ansbro stated that more than eight violations are still unresolved. He pointed out that the tenants need to come to the City first, and not do things until the City has approved them. Ms. Stork commented there is no water coming into the Bait Shop and they have not placed a bar on the beach, it is just the valet parking person who is stationed there. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. City Attorney Ansbro advised there are about 25 other Code violations, including two new ones this evening. Commissioner Castro motioned to continue this item until the next City Commission meeting, to allow the City Manager and staff to discuss this matter with the tenants. Commissioner Bertino proposed allowing the tenants to have the requested license for four months, subject to an extension, to give them time to comply with all violations. Commissioner Flury agreed with Commissioner Castro's suggestion to continue this item to the next meeting. She thought we should let management handle the problem and find a solution that everyone is agreeable to. City Manager Palo indicated he would be happy to meet with them, however, he would like the license approval to be contingent upon all violations being corrected. Vice -Mayor Jones asked the tenants if they could resolve these issues within four months. Sven Jutz, tenant, noted 14 points of the list of violations have already been corrected. Commissioner Castro motioned to continue Resolution #2007-041 until the City Commission meeting of April 24, 2007 at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Vice -Mayor Jones Yes Mayor Anton Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore -in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION #2007-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ERIC ASSOULINE, ESQUIRE, AND JACQUES AND RACHEL ASSOULINE, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 213 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-066. Corinne Lajoie, Principal City Planner, explained the location of the property. She advised the applicant is requesting a variance to mount a wall sign on two sides of the building for a total of 77 square feet, where Code allows a total sign area of 22 square feet. The Planning and Zoning Board recommended approval of a 20 square feet wall sign on both the east and west sides of the building, which would total 40 square feet. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Mayor Anton opened the Public Hearing. Eric Assouline, attorney for the building owner, was present to answer questions. He advised they are willing to accept the recommendation of the Planning and Zoning Board. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to approve Resolution #2007-066, with the Planning and Zoning Board recommendation; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes 9.6 RESOLUTION #2007-067 Vice -Mayor Jones Yes Mayor Anton Yes A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR A SECOND SITE PLAN EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON NOVEMBER 28, 2006, AND EXPIRES ON MARCH 27, 2007) RELATING TO SITE PLAN SP-41-05 ORIGINALLY APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22, 2005, FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Anton read the title of Resolution #2007-067. Corinne Lajoie, Principal City Planner, explained the location of the property and noted this is a request for a site plan extension to expire May 27, 2007. She indicated the extension is necessary because the applicant is waiting for approvals from the Broward County Department of Planning and Environmental Protection (DPEP). Mayor Anton opened the Public Hearing. Jody Oberholtzer, WHB Holdings, LLC, asked the Commission for approval of his request. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to approve Resolution #2007-067; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Vice -Mayor Jones Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commended the Fire Department on their Open House held on Saturday, April 7, 2007, from 10:00 a.m. — 2:00 p.m., at Fire Station #1. Commissioner Bertino asked if the north side of Meli Park could have a walkway, and if the fence on 29th Avenue could be unlocked during the day so that the children could have access. Commissioner Bertino reminded everyone that Phase 2 of the water restrictions will be implemented this week. He asked for cooperation to help with this critical situation. 10.2 Commissioner Castro Commissioner Castro commented on the benches placed on US 1 and Dania Beach Boulevard. She noted they are cleaner and look nicer than the other benches. Commissioner Castro reminded everyone that the FEC railroad track on Griffin Road will be closed Sunday, April 15 through Wednesday, April 18. Commissioner Castro thanked Major Larry Rogers and Chief Peterson, on behalf of the Melaleuca Gardens neighbors, for fixing the fence owned by the airport. Commissioner Castro advised that last Saturday some of the neighborhood leaders involved with Urban Infill Studies had an informal meeting with Director Leeds. She noted it was a very helpful meeting so everyone could understand the process. Commissioner Castro asked if there were any objections from the rest of the Commission for her to move forward with the Neighborhood Comprehensive Plan for the budgeted amount of $100,000. The neighborhoods involved are College Gardens, Triangle Village, Dania Heights and Sun Garden Isles. Commissioner Flury was glad to see this process moving forward. She thought each study would be $35,000-$45,000. She asked Director Leeds for an estimate. Laurence Leeds, Community Development Director advised he would get an estimate and report back to the City Manager. He thought it would be around $150,0004175,000 for all three studies. Commissioner Flury commented $100,000 would not be enough. She hoped staff would budget the balance of funds in next Fiscal Year. Commissioner Flury indicated she would prefer to do 1-2 neighborhoods well, as opposed to do all four lacking quality. Commissioner Bertino thought this decision should be made at a Workshop meeting. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Vice -Mayor Jones concurred with Commissioner Bertino. He thought a Workshop would give everyone the opportunity to look at details and make suggestions. Mayor Anton commented we have held a number of public meetings for everyone to have input in this matter. He personally thought a Workshop was not necessary and was pleased to see someone had taken the initiative to move this plan forward. Commissioner Castro pointed out that the group discussed the feasibility of doing one neighborhood well, as opposed to all neighborhoods poorly. She noted Director Leeds' participation was very helpful, since they did not know the specifics of the plan. Commissioner Castro further indicated that if $100,000 is not enough, they would need to bring it back to the Commission to decide what neighborhoods would be done first. Commissioner Flury requested the consensus of the Commission to have Commissioner Castro continue with the plan and Director Leeds to do cost findings, and when they are ready, bring information back to the Commission for discussion at a Workshop environment. Commissioner Castro advised that County Commissioner Rodstrom is trying to move the three upcoming airport meetings to those cities affected by the airport expansion. She extended her appreciation for his efforts. 10.3 Commissioner Flury Commissioner Flury commented the City has been criticized for the low number of bidders in our bidding process. She had asked for projects to be advertised in the Miami Herald as well as the Sun Sentinel. Commissioner Flury was pleased to report that as a result of this additional advertisement and the DemandStar Program, the number of companies has increased significantly. She agreed with Director Varney that because of the costs involved, we should now stop using the Miami Herald. However, she thought big projects should continue to be advertised in both newspapers. Commissioner Flury advised she had asked Director Varney for an addendum to the Comprehensive Financial Report relating to Full Time Equivalent statistics. Although an addendum was distributed to the Commission, it did not address the number of positions that were outsourced. She requested Director Varney present a revised addendum with the additional information. Commissioner Flury commented we have not had a report on the bond monies for quite awhile. She would like to see an annual report, separate from the CIP, prepared for each of the categories. 10.4 Vice -Mayor Jones Vice -Mayor Jones apologized for not being able to attend the Fire Department Open House. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Vice -Mayor Jones commented to Chief Peterson on parking and noise violations and the need for our citizens to know we need to abide by our ordinances. Vice -Mayor Jones thanked the City Manager and Kurt Ely for coming to his Community Cookout on Saturday, March 3151. He also thanked Rose Lizana for taking pictures of the event. Vice -Mayor Jones asked if we had a grant writer. City Manager Palo responded Assistant City Manager Donnelly and Kathy Herman are responsible for grant projects. Vice -Mayor Jones would like staff to contact other cities to research the possibility of forming a Grant Advisory Board. He thought we might find people in our City who have the expertise to help us with this matter. 10.5 Mayor Anton Mayor Anton received a call from Neil McAliley, White & Case, who was in Washington representing the City in a lawsuit filed against the FAA. Attorney McAliley commented that although we do not have a ruling from the judges yet, he was confident that we did very well. Mayor Anton advised that he and City Attorney Ansbro will soon be meeting with Attorney McAliley to look at some strategies in dealing with the EIS issue. Mayor Anton commented the Regional meetings on the airport are extremely important and people should get involved and let their voices be heard. He read the schedule of upcoming airport meetings and where they will be held. Mayor Anton pointed out that there may be a final determination by the County on their preferred alternative at their meeting on May 8, 2007. Mayor Anton discussed the possibility of having buses available to transport residents to the airport meetings. He asked for citizens to let the City know if they were interested in attending the meetings, in order to make the necessary arrangements. 11. Discussion and Possible Action 11.1 Single Family Home Variances — Mayor Anton Mayor Anton commented that during his political campaign the issue of obtaining a variance for Single Family Homes was raised by residents. He asked for this item to be placed on tonight's Agenda to try to find a way to speed the process, which currently takes about three months. Mayor Anton asked Director Leeds for suggestions. Laurence Leeds, Director of Community Development, thought it was not necessary to have two hearings for Variance requests for Single Family Homes. He suggested eliminating the Planning and Zoning Board review and bring the application directly to the Commission. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Commissioner Flury thought it would be better to present the cases to the Planning and Zoning Board and bring the application to the City Commission only as an appeal. City Attorney Ansbro advised that the Planning and Zoning Board is an advisory group only. Director Leeds commented there are non -conforming building rules in our Code which prohibit any new construction that does not comply with the current Code. He proposed that if a change to an existing structure is requested, it could be replaced as long as it is in the same location. Mayor Anton felt people should not be penalized if homes are damaged from hurricane or termites and they want to have them repaired. He further noted that this Commission has rarely denied a variance request of that nature. Mayor Anton would like to cut out some of the bureaucracy involved in this process. Director Leeds advised that the administrative variance process allows for a ten percent reduction. Director Leeds asked if we wanted to increase that reduction for some items, since most of the variances exceed that percentage. Commissioner Flury asked Director Leeds to put his recommendations in writing before the Ordinance is drafted. Commissioner Bertino asked if it would be possible to reduce the fees. Director Leeds commented that the advertising fees are expensive. He pointed out that if the fees for these requests were reduced, the City would have to subsidize the advertisement and he would have to budget for these costs. It was the consensus of the Commission to direct Director Leeds to prepare a Memorandum with his recommendations and forward it to the Commission for review. 12. Appointments Mayor Anton appointed Bob Adams to the Civil Service Board. Mayor Anton advised that Sophie Steele resigned from the Dania Beach Housing Authority. He appointed John Daizovi to complete the term that runs November 1, 2004 through October 31, 2008. Mayor Anton re -appointed Merita Mitchell and Kathryn Philpart to 4-year terms on the Dania Beach Housing Authority, effective June 1, 2007 through May 31, 2011. Mayor Anton appointed Pat Flury to the General Employees Pension Board. Vice -Mayor Jones appointed Gloria Black to the Human Relations Board. Vice -Mayor Jones appointed Derrick Hankerson to the Nuisance Abatement Board. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, April 10, 2007 - 7:00 p.m. Vice -Mayor Jones appointed Chris Barile and Antonio Williams to the Parks, Recreation & Community Affairs Advisory Board. Commissioner Bertino motioned to approve the Board appointments; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Commissioner Castro Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager Vice -Mayor Jones Yes Mayor Anton Yes City Manager Pato reminded everyone of the Water Restrictions and noted that enforcement on violations of water use will begin this weekend. City Manager Pato advised he has asked staff to be aware of rising gas prices and implement some fuel conservation measures. 13.2 City Attorney City Attorney Ansbro read a message he received from the Property Appraiser's Office allowing the City to increase the amount of the Senior Homestead Exemption to $50,000. He advised that the deadline to submit the request to the Property Appraiser's Office is June 1, 2007 for the 2007 Tax Roll. The deadline for the 2008 Tax Roll would be December 1, 2007. City Attorney Ansbro indicated that the impact to the City would be $51,000. It was the consensus of the Commission to direct the City Attorney to draft an Ordinance to increase the Homestead Exemption for Seniors over 65 years old, from $25,000 to $50,000. City Attorney Ansbro commented that the property located at 303 N. Federal Highway, known as the old laundry building, has been sold and there is an Occupational License/Code violation of approximately $135,000 to be settled. The seller is gone and the building would have to be shut down and the new business for the sale of high -end luxury and sports cars approved by the Commission on March 14, 2007, would not be able to operate. He recommended taking $35,000 now, instead of going through the Special Magistrate/Abatement Hearing process. City Attorney Ansbro requested direction from the Commission. Commissioner Bertino and Mayor Anton both agreed to take a fifty percent reduction. Commissioner Bertino motioned to take a fifty percent reduction. The motion died for lack of a second. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. Commissioner Flury motioned to accept the City Attorney recommendation; seconded by Vice -Mayor Jones. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Commissioner Castro Yes Commissioner Flury Yes Vice -Mayor Jones Yes Mayor Anton No Dominic Orlando, Director of Public Services, invited the Commission to attend a barbecue at the Water Plant on Friday, April 13, between 12:00 — 2:00 p.m. This event is to celebrate the completion of the installation of the SW water main project which was done in-house. He further noted that over 7,000 linear feet of 8" diameter pipe, complete with service connections and fire hydrants, were installed in less than 2 months. Director Orlando further indicated that he, City Manager Pato, and City Attorney Ansbro each contributed $100 to this barbecue. City Manager Palo complimented the City of Hollywood for the equipment they presented at the Dania Beach Fire Department Open House. He asked Deputy Fire Chief Cassano to let the Hollywood Fire Chief know how much we appreciate their participation at this event. 13.3 City Clerk — Reminders Thursday, April 12, 2007 — 7:00 p.m. City Commission Workshop — SE Traffic Calming Tuesday, April 24, 2007 — 7:00 p.m. Regular City Commission Meeting Wednesday, May 2, 2007 — 6:00 p.m. CRA Board Meeting 14. Adjournment Mayor Anton adjourned the meeting at 9:12 p.m ATTEST: LOUISE STILSON, CMC CITY CLERK Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, April 10, 2007 — 7:00 p.m. CITY OF DANIA BEACH BOB ANTON MAYOR -COMMISSIONER MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION S.E. TRAFFIC CALMING THURSDAY, APRIL 12, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Roll Call Present Mayor: Bob Anton Vice -Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. S.E. Traffic Calming Presentation by Tim Stillings, Kimley-Horn and Associates Tim Stillings, Senior Planner, Kimley-Horn and Associates, presented a summary of the information regarding traffic calming and road modifications in the Southeast neighborhood. He noted the next meeting is scheduled for the April 24 City Commission meeting. He referenced the backup information that should have been included in the agenda packet. City Manager Pato indicated the information was distributed in the Commission mailboxes; the information was not provided to the City Clerk. Some of the information contained in the backup material included a schedule of meetings previously held with the community on January 11, February 8, February 20 and March 8, 2007 where three Focus Areas were identified. For each of the Focus Areas, the community was provided with optional concepts to select from and indicate their choices in the "Preference Card" distributed at the meeting. Mr. Stillings advised the immediate actions recommended are: • Signage improvement • Truck route changes and enforcement • Future coordination with FDOT relative to Stirling Road/Federal Highway Mr. Stillings noted that the Traffic Engineering Issues that would not be considered as part of the recommendations for 51h Avenue are: • Traffic signals • Stop signs • Closures at Dania Beach Boulevard Blake Cumbers, Vice -President of Development for Boyd Gaming, indicated that although traffic engineers would not recommend some of the items requested by the citizens, the City still has the option to consider implementing them. Bill Carey, Kimley-Horn, noted that the City would need to submit any suggested reviews to the Broward County Traffic Engineering Division, based on the agreement existing between the City and the County relating to roadway improvements. If the County does not approve the request, the City Attorney would need to check whether or not it is allowed. Mr. Stillings showed the proposed roadway modifications on NE 2"d Street, NE l" Street and NE 0 Terrace. He also noted that the top priority concepts for the three Focus Areas are: 1. Stirling Road & SE 2"d Street • Partial Closure (Preferred by Dania Beach Fire Marshal) Closure Diverters (SE 2"d Street and SE 2"d Avenue and SE 1st and Winn Dixie) 2. SE 5th Avenue • Medians & Humps • Medians & Circles • Medians & Chicanes 3. Southeast Neighborhood • One-way Streets (width for 2-way; circuitous routing) — Not recommended • Diverters & Circles • Humps & Circles Kimley-Horn recommendations for Stirling Road and SE 2"d Street are: 1) Partial closure; recommend installing temporary partial closure barriers and monitor for 30-60 days, to determine if permanent partial closure should be installed. 2) Continue to pursue signage improvements with Broward County and FDOT. 3) Update Truck Route Ordinance and associated provisions. Kimley-Horn recommendations for SE 5th Avenue are: 1) Implement a combination of medians, circles and humps. 2) Include a painted bike lane for the entire length of SE 5th Avenue. Minutes of Workshop Dania Beach City Commission S.E. Traffic Calming Thursday, April 12, 2007 — 7:00 p.m. 3) Begin preliminary design of the plan. Kimley-Horn recommendations for the Southeast Neighborhood are: 1) Begin preliminary design of the plan. 2) Gather traffic data for existing conditions; monitor changes in traffic patterns/conditions; develop phasing plan for traffic calming. Implement each phase with a preliminary monitoring/evaluation period. Mr. Stillings responded for Commissioner Castro that the cost estimate for the entire project has not yet been determined. Mayor Anton opened the Workshop to the public. Rose Lizana, 214 SE 2"d Street, questioned why the Fire Marshal preferred the partial closure on SE 2"d Street. Mayor Anton responded a partial closure would allow the Emergency vehicles to get around it and have immediate access to where they need to go. He thought this partial closure would not be an issue. Bob Adams, 330 SE 3`d Terrace, suggested no through traffic on SE 2"d Avenue. Seeing as there was no one else to speak, Mayor Anton brought the discussion back to the City Commission. The Commission requested a copy of the presentation from Kimley-Horn and Associates. Commissioner Bertino thought we should call back the Focus Group to look at this presentation and get their input. Mr. Stillings noted the Focus Group was not consistent in any recommendation. He further commented that this group mainly focused on the area north of SE 2"d Avenue. Commissioner Flury pointed out that nothing will get started before the Jai -Alai opening. She noted that the public had plenty of time for input, and suggested taking the recommendation of the experts. Commissioner Flury thought we should start a Pilot Program with Stirling Road and SE 2" Street and see how it works. Commissioner Castro commented that anything we do is better than what we have today. She agreed with most of the recommendations made by Kimley-Horn, and thought some of them would be a great way to beautify the neighborhoods. Commissioner Castro further indicated that the Linear Park project for 5`h Avenue, which was included in the Bond issue, should be tied into the plan. She thought we should move forward without delay. Commissioner Castro noted we were addressing the Southeast traffic at this time, but there were issues in other neighborhoods that we would need to look at as a long term plan. Minutes of Workshop 3 Dania Beach City Commission S.E. Traffic Calming Thursday, April 12, 2007 — 7:00 p.m. Vice -Mayor Jones would like to insure that we make the best decision and not have to make changes within a six month period. He commented it was hard to make everyone happy, but time is of the essence and we need to move forward. Vice -Mayor Jones requested a copy of the plan from Kimley-Horn and Associates. Commissioner Bertino commented the Focus Group met only once, and suggested they meet again and voice their opinion on the recommendations made by Kimley-Horn. He would like a total closure of Stirling Road and SE 2"d Street as opposed to a partial closure. Mayor Anton thanked Kimley-Horn for their report and Boyd Gaming for sponsoring the traffic study. He indicated that from a traffic standpoint, a total closure on SE 2"d Street would be better, but there is a public safety issue and the partial closure would be more beneficial to the Emergency vehicles. Mayor Anton commented we need to move this project, especially the timeline for the SE 2"d Street area. He noted we owe the Focus Group the opportunity to come back and voice their opinion. Mayor Anton stated we certainly need to look at the Southwest and Northwest areas in the future. City Manager Palo responded for Commissioner Castro that we have not yet started to look at funding options for the project. Bill Carey was not certain if the pricing of the project was included in their report. He indicated they can provide pricing at the next Commission meeting. City Attorney Ansbro was concerned with the permanent circles and diverters. He thought we should use temporary solutions first. Blake Cumbers commented the next meeting is too soon to come back with a plan. He thought they needed an additional 30 days, with specific direction, so they can prepare and bring back Phase One of the Plan with pricing. Mr. Cumbers suggested presenting the information to the Commission at the last meeting in May. Mayor Anton emphasized that we need a plan in writing to determine the phases. Commissioner Castro would like Phase One with the specific pricing as well as a total figure of how much the whole project would cost, so we can look into the financing aspect. City Manager Pato noted the meeting tonight was to find out what options the Commission would support. He indicated his plan is to bring Phase One to the Commission, with a schedule of events, so we can get approval to move forward. Once this is done, we would start looking for funding options. City Attorney Ansbro asked the Commission for clarification on whether the costs they are requesting would include all of the 5`h Avenue improvements as permanent, and consider the others temporary. Minutes of Workshop 4 Dania Beach City Commission S.E. Traffic Calming Thursday, April 12, 2007 — 7:00 p.m. Commissioner Castro clarified she would like Kimley-Horn to bring back a plan with their recommendations, for all areas marked on the presentation, including costs for the entire project, not only for Phase One. Mayor Anton confirmed with Kimley-Horn representatives that they understand what the City Commission wants. He further advised that the City has the ability to install temporary barricades in-house, if needed. 4. Adiournment Mayor Anton adjourned the meeting at 8:30 p.m. ATTEST: LOUISE STILSON, CMC CITY CLERK Minutes of Workshop 5 Dania Beach City Commission S.E. Traffic Calming Thursday, April 12, 2007 — 7:00 p.m. CITY OF DANIA BEACH BOB ANTON MAYOR -COMMISSIONER #� 7.3 RESOLUTION NO.2007-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC. (PGAL), A TEXAS CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH DEVELOPMENT OF A MASTER PLAN TO ACCOMMODATE A COUNTY LIBRARY AND A PARKING STRUCTURE UPON A PART OF THE CITY ADMINISTRATION CENTER (CITY HALL), FOR AN AMOUNT NOT TO EXCEED $151,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Agreement with Pierce Goodwin Alexander & Linville, Inc. (PGAL), a Texas Corporation authorized to be business in the State of Florida, attached in substantial form as Exhibit "A" is approved, in connection with master planning services to accommodate a County library and parking structure as part of the City Administration Center (City Hall) and the proper City officials are authorized to execute such Agreement for an amount not to exceed $151,500.00. Section 2. That the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That the Director of Finance is authorized to transfer 50% of the cost from the Contingency account to the appropriate account in the General Fund. 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 on April 24, 2007. BOB ANTON MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2007-074 ATTACHMENT "A" AGREEMENT THIS IS AN AGREEMENT (the "Agreement') entered into on 2007, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and PIERCE GOODWIN ALEXANDER & LINVILLE, INC., a Texas corporation authorized to do business in the State of Florida (the "Consultant'). 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. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A", the schedule as described in Exhibit `B" and the fees by task as described in Exhibit "C", a copy of each is attached and made a part of this Agreement by this reference. The Parties acknowledge and agrees that services are to commence or will commence on April 25, 2007 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum of One hundred forty-six thousand five hundred dollars ($146,500.00) (the "Fee") which includes an amount not to exceed twenty-five thousand dollars ($25,000.00) to prepare surveys of the City Hall and Fire Station/Nyberg- Swanson House Sites. The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami -Dade, Broward and Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A", shall not be undertaken without advanced written approval of the City Manager to that effect. City has allocated a sum of $5,000.00 which may be used to pay for such additional work. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. 3 RESOLUTION #2007-074 D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification A. Consultant agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to, judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. City agrees to indemnify and hold harmless the Consultant for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to, judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the City, its agents, servants or employees, which may arise in connection with the performance of services by the Consultant. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to City's responsibility to indemnify the Consultant. C. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. D. The execution of this Agreement by the Consultant shall obligate the Consultant 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. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: 4 RESOLUTION #2007-074 A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All 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. A. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Ian A. Nestler, one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re -assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other 5 RESOLUTION #2007-074 consultants (the "Supporting Consultants"), The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to, terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result RESOLUTION 42007-074 of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above, whenever either party desires to 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: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Ian A. Nestler, Principal Pierce Goodwin Alexander & Linville, Inc. 791 Park of Commerce Blvd., Suite 400 Boca Raton, FL 33487 11. 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, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 7 RESOLUTION #2007-074 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant 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. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. 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, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. 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. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and 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. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 8 RESOLUTION #2007-074 20. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). 9 RESOLUTION #2007-074 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY BOB ANTON MAYOR IVAN PATO. CITY MANAGER APPROVED AS TO "SCOPE OF SERVICES" LAURENCE LEEDS COMMUNITY DEVELOPMENT DIRECTOR 10 RESOLUTION #2007-074 WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF CONSULTANT: Pierce Goodwin Alexander & Linville, Inc., a Texas corporation authorized to do business in the State of Florida Signature Ian Nestler, AIA, Principal The foregoing instrument was acknowledged before me on 2007, by lan Nestler, AIA, as a principal of Pierce Goodwin Alexander & Linville, Inc., a Texas corporation authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or produced as identification and did (did not) take an oath. My commission expires: NOTARY PUBLIC, State of Florida I I RESOLUTION #2007-074 EXHIBIT "A" SCOPE OF SERVICES PLANNING CONSULTANT SERVICES Preparation of survey for City Hall Site and Fire Station/Nyberg-Swanson sites (ten signed and sealed copies). 2. Preparation of Master Plan drawn to scale for the site showing the following minimum information: (a) Site dimensions; (b) Location of existing and proposed buildings and structures; (c) Location of off-street parking and loading facilities; including parking garages; (d) Location and dimensions of streets; (e) Location and size of vehicle and pedestrian access and circulation; (f) Location of open space and landscape areas; (g) Height and use of buildings and structures; (h) Conceptual building elevations; (i) Parking garage plan drawn with sufficient detail to determine compliance with the city parking code, recommended or adopted CRA Land Development Regulations, and generally accepted parking garage design standards. This includes, but is not limited to, identifying horizontal and vertical dimensions for parking spaces, parking aisles, loading spaces, and parking ramps; (j) Setbacks showing the location of all existing and proposed structures from lot lines, street lines, and from other structures or buildings; (k) Complete set of plans (including site plan, data table, and building elevations) on mounted color boards, 24" x 36" prints, and PDF format; Master Site Plan prepared in accordance with the City's Community Redevelopment Plan dated September 24, 2002; 12 RESOLUTION #2007-074 4. Master Site Plan prepared in accordance with the City's Code of Ordinances, and other applicable laws and regulations, including proposed amendments to determine compliance with them; 5. Master Site Plan shall include new elements; a minimum of 12,000 sq. ft. public library, and parking garage of sufficient size to accommodate existing uses and new uses; 6. Conduct area studies as necessary; 7. Conduct two charettes with interested parties, neighborhood representatives, school and library officials, and other invitees as designated by the City; 8. Consult with Broward County Library officials to ascertain their needs and objectives for the new library, and inspection of the existing library in the City; 9. Examination of City development patterns and trends in relation to parking requirements; 10. Proposing land use plan and zoning changes necessary to design and construct the library and parking garage; 11. Proposing locations and designs for signage, landscaping and buffering, access ways, sidewalks, complete and appropriate standards for the maintenance, appearance, condition and occupancy of property; 12. Consideration of standards governing utilities, infrastructure, traffic facilities and other conditions that affect the property; 13. Meet with City Manager's Office, Community Development, Public Services and Fire - Rescue to obtain staff comments and suggestions; 14. Up to three appearances and presentation of plans before the City Commission, acting as the Community Redevelopment Agency Board, to address all of the above, and to otherwise provide the requested consulting services; 15. Provide rough order of magnitude cost estimate for the approved Master Plan; and 16. Provide two eye -level rendering of proposed streetscape. 13 RESOLUTION #2007-074 Exhibit `B" LIBRARY MASTER PLAN SCHEDULE 1) April 24, 2007: City Commission to approve of PGAL agreement. 2) May 2007: Consultant to provide a menu of conceptual plan alternatives to city and library staff for review. Staff submits recommendation of top three (non -ranked) plan alternatives to CRA Board for review. 3) June 6, 2007: CRA Board to identify preferred Library Master Plan Option(s). 4) July, 2007 (Date to be determined): Consultant to present the CRA Board preferred option(s) at a community meeting. Notice will be provided to the Friends of the Library, library users (if list available), neighborhood associations, and the Chamber of Commerce. The notice will also be posted on a sign inside the existing library and the City Website. 5) August 1, 2007: CRA Board selects a final alternative based on citizen, consultant, and staff comments (Repeat public notice in 48). 6) August - September, 2007: Consultant prepares draft master plan and meets with city and library staff before submission to the CRA Board. 7) October 3, 2007: Consultant presents Master Plan to CRA Board and City Commission for approval (Repeat public notice in #8). 14 RESOLUTION #2007-074 Exhibit "C" FEES BY TASK Task Fee 1. Prepare Conceptual Master Plan* $ 45,000.00 2. Site Plan in Accordance with Dania CRA Plan included in Item 1 3. Site Plan in Accordance with Dania Ordinances included in Item 1 4. Program of Library and Garage $ 6,000.00 5. Area Studies included in Item 1 6. Two Community Staff Workshops (Charettes) $ 9,000.00 7. Broward Library Objectives and Existing $ 7,000.00 Investigation 8. Dania Development Patterns and Parking included in Item 1 9. Master Design Guidelines $ 15,000.00 10. Utility and Infrastructure Standards $ 8,000.00 11. City and Agency Meetings $ 5,000.00 12. Three City Commission/CRA Board Presentations $ 6,000.00 13. Construction Cost Estimate $ 8,500.00 14. Rendering (two street level perspectives) $ 9,000.00 15. City Hall and Nyberg/Swanson Survey** $ Not to exceed $25,000.00 16. Expenses*** $ 3,000.00 or actual cost Total $ 146,500.00 *Includes alternative elevations for one strectscape view **Includes 10 signed and sealed surveys and electronic format ***Includes 10 Master Plan bound color copies and electronic format 15 RESOLUTION #2007-074 CITY OF DANIA BEACH Agenda Item # 741 Agenda Request Item To allow the City to enter into an agreement with Limousines of South Florida Inc. for public transportation services without publically bidding the service. 'M M Contract with Limousines of South Florida is set to expire in April 2007 I.. Provide public transportation in partnership with Broward County Transit for the Community Bus service through April 2008 with an increase in hours of service and an increase in cost. Dept: 7201 Recreation Administration Acct#: 001-7201-572.31-60 Amt: $175,500.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 'nousines of South Florida has been providing excellent service for the City since we entered into a contract with them 2004. The price increase for service is 5% over the existing contract from 2004, which is excellent considering the like in fuel costs. In consideration of the quality service provided and the modest cost increase, it would be beneficial to tend the contact for one additional year. The one year extension offers the City flexibility in consideration of anticipated riding changes from State and County sources. ag MF M-H A 06, 0 ...... 1 Resolution 2 Spread Sheet 3 2007 Contract 4 Bus Schedules Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 5 Exhibit 7 Exhibit 8 Submitted by Mark T. Felicefty Department Director Kristen Jones Assistant City Manage Colin Donnel HR Director Finance Director Patricia Varney City Attorney Thomas J. Ansbro City Manage Ivan Pato Date 04/16107 Date Date 04/17107 Date Date 04/17/07 Date 04/17107 Date 04/18107 T, ®RMUM L! pfflo in RE" MWE - M K nl�,'JNN! O.M.4, li." M NO., 11 — I �, I , :�, , I : t :l :n� --R. E.� Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO.2007-076 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $175,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to extend its contract with Limousines of South Florida Inc., for public transportation services for another one year period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute the extension of the Agreement with Limousines of South Florida Inc., for public transportation services for a one year period, beginning on April 19, 2007, for an amount not to exceed $175,500.00 for six days service per week to be funded by the County for approximately $112,320.00 and the remaining amount from the General Fund. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such extension document as are deemed necessary and proper and in the best interest of the City. 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 on April 24, 2007. BOB ANTON MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2007-076 EXHIBIT "A" EXTENSION OF AGREEMENT THIS IS AN EXTENSION OF AN AGREEMENT (the "Extension"), which Agreement is dated April 19, 2004 (the "Agreement'), existing between THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of Florida (the "City") and LIMOUSINES OF SOUTH FLORIDA, INC., a Florida corporation (the "Contractor") and is dated 2007. Contractor provides public transportation services to the City. The parties wish to extend the term of the original Agreement for an additional year. 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: I. The parties agree that all terms and conditions of the Agreement remain in full force and effect for a one (1) year period, beginning retroactive to April 19, 2007 and ending April 19, 2008. Payment for the additional year shall not exceed the sum of One Hundred Seventy Five Thousand Five Hundred Dollars ($175,500.00). 2. That in all other respects, except as amended by this Extension, the Agreement is ratified, reaffirmed and remains in full force and effect. 3. The provisions of paragraph 2.3 are amended to state that bus service shall be provided fifty-four (54) hours per week, with six (6) days of bus service, per the bus schedule as issued by the City as revised from time to time. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. ATTEST: : LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY CITY: CITY OF DANIA BEACH a Florida Municipal Corporation BY: BOB ANTON MAYOR -COMMISSIONER IVAN PATO CITY MANAGER 3 RESOLUTION 42007-076 CONTRACTOR: Limousines of South Florida, Inc. CORPORATE SEAL: By: (IF APPLICABLE) Print Name: Title: STATE OF FLORIDA COUNTY OF BEFORE ME, on 2007 personally appeared , as of Limousines of South Florida, Inc., a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it , and such person is personally known to me or has produced as identification and did (did not) take an oath. MY COMMISSION EXPIRES: Notary Public, State of Florida at Large 4 RESOLUTION 42007-076 O M o V t0 w U E Q fA EA O O c O N c o N M O M cl U� O m c 0 0 F U fA fA O 00 w a 3 C O c y`� N N 0 a o U m T �v 0 U a fA to O CD o O O H 6 pli LO M In cCN 0 r 0 c U c Q Ni Ui w a x �d o' v LO S `o a > 6 N N Z N r LO Lr% O N U O `y = m N M > N o o` e» E» A O N O N N O I m N e ra uI IIeH Allp ewepOdv�vodv Qd�a m O N N M d l 'any 61, MN asaav 81S LMN Ov aio.-ij�ni ^ia� aAVE 3S8 co co to N �O N tp �r < MM(")MI'�MMMt H peag eiuep m o Hof v 000000000 any S 3 S 8 M M M M M M M In M Is uepuagS O rn o N N M v vi 'Pnlg uo1u0j m m m mIm m m m m Is1S Z 3N m O Ved ISOJd IIeH flip eNeOOo 00 o o'.o o oo 0 0 0 ?',0 0 0 0 0 bi °moo �Wa= zLLWF Op= �g roZ F rti rrrnrr d d Q d Q d d It d IIeH AUp eluep of o .- N iv M mmmmm M M M MGM I mm mm M in inUew-N ajenbg poomlep rn o i uoljelS podJly M M M M M M M M M P ne 1 j ya'J 1©M M M ly M M M M CI xggnd env LE MS OwM 8 PH u 9<u D mmw N N N N m O" N Mmmm N N IN IN � N M Q PH g ed S Pa BUIPIIS ©N N N NON N N N N �i 'sldy uepu@W --any 9ZN OM MMMMM MM M mO 7 li—N Md. UeW' SP�1 ajenb oo eo 0000100000 -any4L MN 87SL MN�oo o�oo 000 m�� NIA Nt7 d' N 0000100000 IIeH Fllp eluep FM ka Ui O E N ~ m 0 } N L` Z tl L N m U co I- .N W U a) Oo 7 vi W \ a+ z a _ w N c r- 00 m .� 0 c h- a N 3 U �.y o 1�i } z L3 O� �00 m L M �O r rn H wo O� m'- u m u m M �r N �Z • Z�" C �.? c M o E r �� c rn E co oC� 4 •QZ aoo vz _ o _ O VU c o w_Lf) C) m m o O R o z EoEvN`°�N oa ° �U'0 v1� U3 U cz°d 0 o c 3 R O o= a) M `q .O o U d C`�� i o m t3 0) d7 03 LL moat o m E Q> > `m Oi coc y E <i% m m a E C C= N G a) N O toi O > LL O m = m alQUi mt0 myRm. tm� Om° oo Lcrn ONm O C m a) Oc m m a) Za aNobg E m O£ CG N O� O w = m (D U 9 .F= F cEop$V) cuN E >NNma cc cc 0 �Q)o � m ccym c) w a)E o ED OtOoo amO�m _vo O O d`d�•Nw0CC�JJ }m >YrnC !Em� occUOa mm9 c8 ca cc m O r O ONLNaNm L a) 0 _ U > O dN - O U m O a Ea"cm-t-eocr �s O O O L N (a N u a w o m rn m m m= O w 3 m N a` ) = v_, a)� E� o a) F> 0 m m m L 0 .0 U m O m c L C d a F ca N k- w 9 U m m L L m Um Y m a) C O m- u + 4 yLU 03 °° m °T f_ w- i d m w >> o v c a) m m o a ' O N c E .� ° n V o S rt N mm .n OE a cr w V w o£ c �; 'y CJ N O a iii W ca V O) U m U N N C N a mo O m/ w6brii cn O I� o m U 0 3 m m L o) C m m oaf iRf_ o U° v_ m L o Q > o o m Z U m c a) m m m o a EEC r Q£ U N o. v 4)) 3 E .c •ry- 'c E vOi N N o O U m p o Z u o r m a O c a) a) L -O O a a F CO m vm '0 H v m I- 0 m F- m n " l9 CITY OF DANIA BEACH Agenda Item #76 1111 Agenda Request Item Date of Commission Meeting: 4/24/2007 Adopt Resolution ❑X Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: A resolution it proposed to be adopted allowing for the city manager to purchase six parking machines in the amount of $61,140.00 without going out to bid. FEMA will be paying $40,710 of the cost. fftr fi �i Commission approval is necessary for any purchase over $15,000 and for those purchases where the manager cs relief from city bidding requirements. Aif<t'rip�l ` The City would purchase six parking machines, four of which were damaged by Hurricane Wilma. Dept: 1800 General Administration Acct #: Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The City's parking machines were damaged by Hurricane Wilma and as a result, FEMA has approved the replacement of Four machines. The other two machines were budgeted and are needed. The new machines are an upgrade from the existing model. The new machines will increase revenue by being available to parking patrons on a regular basis. Parking customers avoid paying fees when a machine is not working. The new machines will go in the existing locations, with the exception of the location closest to the Beach Watch Restaurant, which is being removed. ........ .. Y �T 1 - Resolution 2 - Quote from Bytewise 3 - machine information Submitted by Colin Donnel Department Director Assistant City Manage Colin Donnelly HR Director Finance Director Patricia Varney City Attorney Thomas J. Ansbro City Manage Ivan Pato Commission Action: Date 04/17/07 Date Date 04/17/07 Date Date 04/17/07 Date 04/17/07 Date 04/17/07 Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO.2007-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PARKING MACHINES FROM BYTEWISE SOLUTIONS, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS FOR A SUM NOT TO EXCEED $61,140.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the city of Dania Beach, Part I, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution of the city commission; and WHEREAS, Bytewise Solutions, Inc. of Miami, Florida is a sole source for parking machines from the manufacturer Parkeon of Moorestown, New Jersey; and WHEREAS, FEMA will reimburse the cost of four of the machine purchases due to damage caused by Hurricane Wilma, and the City has budgeted for the purchase of two machines in the General Fund; and WHEREAS, Bytewise Solutions, Inc. has assigned a cost of $61,140 for the purchase and installation of six parking machines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of $61,140 to Bytewise Solutions, Inc., of Miami, Florida for parking machines for the beach parking area; the proposal from Bytewise Solutions, Inc., attached and identified in Exhibit "A", is approved and the City Manager is authorized to pay for such services from the General Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on April 24, 2007. BOB ANTON MAYOR -COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: L], THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2007-075 Ek N113 i7 "A IZE�cL 0 /-7 CA) " -;�007 Bytevrise 'Solutions, Inc.. April 6, 2007 City of Dania Beach 100 West Beach Blvd Dania Beach, FL. 33004 RE: Proposal for Mufti Space Parking Meters Thank you for your call regarding some additional Pay & Display machines for the Parking lot. Given below is the price for the complete unit. We take this opportunity to propose the new unit - Strada BNA in place of the current model DG-CBV, operating in Dania Beach. However, wewill supply the DG-CBV, if required. We confirm offering the same price The proposed unit — Strada BNA — accepts coins and bills as means of payment. The unit can be optionally fitted to accept Credit Cards. This option will require a Hybrid Reader and a wireless modem for "real time" authorization from the clearing house / bank. The bill box uses a powered stacker improving bill handling and ease of collection. The Coin & Bill collection system is controlled using an electronic locking system, increasing security and flexibility. Item Quantity Price (each) Strada BNA Equipped Multi Space Meter 4 $ 9740.00 • Coin, Bill, and Token Acceptance • ADA compliant design • Banknote Box (Bill Box) • Coin Canister • Personalized Software • Personalized Rate Plate • High Security E Lock for collection • Choice of Color • High Performance Solar Panel Programming, Configuration and Installation of above units, 4 $ 450.00 Training— Operations & Maintenance to City Staff Included Warranty: 1 year per the standard warranty terms. Delivery: 6-8 weeks after your confirmed P.O and other details required for configuration (fee rates, hours of operation etc.) Terms: Net 30 days Please review the above and feel free to contact us If you have any queries. Thankyou Sincerely, „r Sunil Jotwani 12951 N Okeechobee Road, Unit 1, Hialeah Gardens, FL. 33018 ** Tel: (305) 362-1566 * Fax: (305) 362-1576 Superior security and easily managed features engineered into a compact terminal Enhanced security features, including an electronic locking system Faster, safer coin and bill collection procedure Easier than ever to read and operate, thanks to a larger graphic display Highly efficient solar -powered system About Parkeon Parkeon is a world -leading manufacturer of pay and display parking systems. With an installed base in excess of 140,000 machines, its parking terminals are a familiar sight in over 3,000 cities across 40 countries, controlling over �i° 3 million parking spaces around ,j 1Z the world. Parkeon has over x 8,000 terminals installed in „g heF North America.--4-M__r_a. Technical data Terminal Dimensions (HxWkD): 61.5xl6.9xll.4 in Height with solar panel 68.5 in. Weight with solar panel: 286 lbs. Thickness: 11 gauge steel construction, vault door 3/8 in. manganese steel Power: Solar, AC mains and battery powered models available Temperature range: Outdoor operation from -1VF to 130'F Solar panel: IOW Payment systems: Coin, bill, magnetic card, smart card and token Ticket printing: Thermal graphic Picket capacity: Up to 6500 Ticket types: Self adhesive or paper Ticket size (W%L): 2.36 x 2.76 in. (standard size) Display: 16D x 80 pixels, 2 x 41n. graphical area, separate static area for permanent display of time fz date Bill payment Ergonomic and patented bill entrance: no flap, sensor detecting bill introduction, 4-way bill insertion, qu'ck bill management cycle, high validation rate Coin payment: Parkeon MSX motorized electronic acceptor, holds 50 coins in escrow, handling 14 coin denominations, including test token Power consumption: Less than 3mA in standby mode Operating System: 32 Bit Risc Processor, IrDA interface for PDA communication, memory backed up with exchangeable data module Standards ADA Standard for front B side reach (48 in.) Compliant with EE mark FCC for radio communications Patented Collection System Combox Capacity: 2800 quarters Volume: 164 ounces Dimensions (IixWxD): 6.7 x 5.7 x 11.4 in. weight: empty 7.1 tbs., full 55 tbs. Bill Slacker Capacity: 550 bills Dimensions (HxWxD): 7.09 x 3.94 x 5.51 in, Weight: empty 2.87 tbs., full 3.75 lbs. Colors Available in multiple colors O Copyright, September 2005 PARKeoN www.parkeon.com Parkeon 40 Twosome Drive, unit 7 All rights reserved Mwrestown, NJ 08057 Strada is a registered Phone: H 856 234 8000 trademark of Parkeon Fax •1 856 234 7178 BC 252 -� oaaice.on Simplified cash collection with unparalleled security a Fully autonomous solar power Accepts all means of payment — coins, bills, credit cards and smart cards Exchangeable coin box and bill stacker designed for safe and speedy collection Security is paramount Security was a prime consideration in the design of the Strada. Special materials have been incorporated to enhance the terminal's ability to resist attacks. The terminal is also fitted with a highly secure electronic locking mechanism that is futly-shielded inside the vault. Once opened, the door to the cashbox vault provides no direct access to secure areas. The cash can only be accessed by authorized personnel using an electronic key to deactivate the locking system. Although it is a highly secure mechanism, keys and locks can easily be reprogrammed, saving time and money, minimizing machine downtime in the event of key loss. The electronic locking system allows parking management to quickly change the combination for a single unit or the entire inventory of pay stations should a key be lost or stolen. Enhanced power management Power consumption has been optimized on the solar -powered version of the Strada to further increase its daily ticket - issuing capability —including that of the more demanding bill acceptor model. The need for external recharging of the battery is eliminated, reducing maintenance time on the terminal. This makes the environmentally -friendly and easily installed solar version a viable option in most locations. Designed to address health it safety concerns The Strada is designed to make the lifting and removal of the coin box and bill stacker a quick, easy and ergonomically correct procedure. Before withdrawing the coin box, collection personnel can anticipate the weight, as the receptacle is supported by the open vault door. The coin box can be lifted and withdrawn at the optimum height and position for the collector, in most cases removing the need to bend or stoop during the collection process. The coin box can be easily removed with either the left or right hand. The handle is easily grasped, even in adverse weather conditions. Alt customer controls on the Strada are within 48" of ground level, making the terminal ADA-compliant for both front and side reach. An extra large graphic display panel Is designed to make the machines even more user-friendly for motorists and maintenance personnel alike. coin box Strada" Multi -space terminal with exchangeable cash boxes An unmatched combination of enhanced security £tease -of-management Rapid and effortless collection in easy steps,. • Unlock the vault with an electronic key • Pull the door open Withdraw the coin box and bill stacker, replace with empty units • Close the vault door • Remove collection receipt Simplified collection The Strada is capable of handling multiple payment methods —coins, bills, credit cards and smart cards. The ability to process and authorize credit card transactions on-line prevents fraudulent card use. Minimal effort is needed to open the cash vault to make a collection. An electronic key is simply placed against a concealed lock detection sensor deactivating the vault locking mechanism. The vault door then can be easily pulled open, the coin box and bill stacker lifted out, replacement units placed in the vault and the door pushed shut, it's as simple as that. Easy to empty The coin box is fitted with a two -trigger, one-shot system that is easily rearmed. An aperture, the full width and depth of the coin box, means that it only has to be tipped over once to completely empty the contents. With a capacity of 550 bills, the stacker also features a one-shot system for collection security. The unique oatented method for collection allows Superior security and easily managed features engineered into a compact terminal Enhanced security features, including an electronic locking system Faster, safer coin and bill collection procedure Easier than ever to read and operate, thanks to a larger graphic display Highly efficient solar -powered system About Parkeon Parkeon is a world -leading manufacturer of pay and display parking systems. With an installed base in excess of 140,000 machines, its parking terminals are a familiar sight in over 3,000 cities across 40 countries, controlling over � _ 3 million parking spaces around -' the world. Parkeon has over`, 8,OD0 terminals installed in qli =.oi i ;ji2 -_ North America. _„!?`'r.;,'aa--' Technical data Terminal Dimensions (HxWxD); 61.5x16.9x11.4 in Height with solar panel: 68.5 in. Weight with solar panel: 286 lbs. Thickness: 11 gauge steel construction, vault door 3/8 in. manganese steel Power: Solar, AC mains and battery powered models available Temperature range: Outdoor operation from -13'F to 130'F Solar panel: low Payment systems: Coin, DID, magnetic card, smart card and token Ticket printing: Thermal graphic Ticket capacity: Up to 6500 Ticket types: Self adhesive or paper Ticket size (WxL): 2.36 x 2.76 in. (standard size) Display: 160 x 80 pixels, 2 x 4 in. graphical area, separate static area for permanent display of time Is date Bik payment: Ergonomic and patented bill entrance: no flap, sensor detecting bill Introduction, 4-way bill insertion, quick bill management cycle, high validation rate Coin Payment Parkem MSX motorized electronic acceptor, holds 50 coins in escrow, handling 14 coin denominations, including test token Power consumption: Less than 3mA in standby mode Operating Sy5tern: 32 Bit Risc Processor, IrOA interface for PDA communication, memory backed up with exchangeable data module Standards ADA Standard for front R side reach (48 in.) Compliant with CE mark FCC for radio communications Patented Collection System Coinbox Capaci-T 2800 quarters Volume: 164 ounces Dimensions (HxWxD): 6.7 x 5.7 x 11.4 in. Weight: empty 7.1 tbs., full 55 lbs. Bill stacker Capacity. 550 bills Dimensions (H%WxDl' 7.09 x 3.94 x 5.5' in. Weight empty 2.87 tbs., full 3.75 Ibis. Colors Available in multiple colors Copyright, September 2005 - PARxEON www.parkeon.com Park,on 40 3wovirne, Drive. Unit 7 All rights reserved Ruoresto , NJ 08057 Strada is a registered Phone: • 1 856 234 8000 trademark of Parkeen Fax! •1 856 234 7178 BC 252 CITY OF DANIA BEACH Agenda Request Database Date of Commission Meeting: 4/24/2007 Adopt Resolution Award Bid /RFP Agenda Item # ' ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ ❑ Presentation ❑ Continued from: )RDINANCE NO 2007 009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE -DANIA JAI ALAI PLAT'. ,UCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 3RD AVENUE AND NE 5TH AVENUE, IN THE CITY OF DANIA BEACH AND EGALLY DESCRIBED IN EXHIBIT'A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE-, ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON ,UCH PLAT OF THE 'DANIA JAI ALAI' PLAT, PROVIDING FOR SEVERASILITY, PROVIDING FOR CONFLICTS I FURTHER, PROVIDING FOR AN EFFECTIVE DATE. .,V 'fi 5 ,.' ✓ 9 3,... yY xi=r+aiE e,�T: sr e.SR�-.ar Dept: Acct #: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PL-16-07: The applicant Heidi Davis Knapik, with Gunster Yoakley & Stewart, PA, representing The Aragon Group, Inc., is requesting Perimeter Plat approval for the "Dania Jai Alai Plat" (FIRST READING - APRIL 24, 2007) Report Arials Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manacer Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO.2007-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE "DANIA JAI ALAI PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 3RD AVENUE AND NE 5TH AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DANIA JAI ALAI" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Dania Jai Alai Plat" (PL-16-07), pertaining to property being generally located on the north side of East Dania Beach Boulevard between NE P Avenue and NE 5`h Avenue, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Dania Jai Alai Plat", is accepted by the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 13E THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE #2007-009 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 17, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G. G{-� SUBJECT: PL-16-07: The applicant Heidi Davis Knapik, with Gunster Yoakley & Stewart, PA, representing The Aragon Group, Inc., is requesting Perimeter Plat approval for the "Dania Jai Alai Plat" (FIRST READING - APRIL 24, 2007) On November 14, 2006 the City Commission approved a development agreement with Aragon LLC Qai Alai) regarding development of the Boyd Casino Complex. The agreement included a master plan calling for the demolition of the existing Jai Alai fronton and replacement with a casino complex. The master plan included a four story parking garage on the front portion of the tomato field. The master plan and plat also show the relocation of NE 2nd Street (between Fronton Boulevard and the Church) just north of the proposed casino parking garage. Relocated NE 2nd Street will provide continuous access from US 1 to Gulfstream Road. However, public access from NE 2nd Street to the Casino will be prohibited. The plat includes the following properties: 1) Existing Jai Alai Fronton Site (The Boyd Complex will be built behind the existing fronton which will ultimately be demolished). 2) The south portion of the Tomato Field (Approximately 9.6 acres for Casino Parking Garage). 3) The north and west portions of the Tomato Field (Approximately 10.8 acres located north and west of the parking garage. The property is currently zoned single family residential). 4) New Frost Park Parking Lot (1.6 acres located on the north side of NE 2nd Street east of NE 3rd Avenue). Parking lot vehicle access is restricted to NE 2nd Street. STAFF RECOMMENDATION The proposed plat (including relocated NE 2nd Street) is consistent with the development agreement and master plan approved by the City Commission. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board will not hear this item until April 18. Their recommendation will be presented at the City Commission meeting. Least impact on the center of our neighborhood Page 1 of 4 Leeds, Larry From: Patty [pbubbahart@bellsouth.net] Sent: Wednesday, April 11, 2007 9:38 PM To: Anne Castro; Pat Flurry; Bob Anton; Pato, Ivan; Leeds, Larry Cc: Patty Subject: Fw: NE Dania Beach Property Owners Assoc. Patty Hart. Pres. ----- Original Message ---- From: Path To: comish722 bellsouth_net Sent: Tuesday, April 10, 2007 12:20 PM Subject: Fw: NE Dania Beach Property Owners Assoc. Patty Hart. Pres. Anne, Pat, Bob, this is what has come from many, many city, neighborhood & meetings with Boyd's Gaming. We have taken all the Input from those that live In the NE and come up with Least impact to us and would like this considered. Perhaps a review of Ch 550 Pari-mutuel Wagering page 296 under 550.155 & the regional impact as defined in S 380.06. (that I haven't reviewed) could you look into this for us? May have some suggestions as to what we have to accept. ALSO New concern when Boyd's attorney, Don Hall requested that they be classified under the new TOC zoning, but they claim they are not controlled by any city government, this concerns me because the zoning ends at NE 2nd Street, but if NE 2nd street is moved than there goes any holds or control that we may have on the new Jai Alai land .... & a monster hotel or casino can pop up there and we can't say anything..... Big concern for the middle of a residential neighborhood. ***Once its done, it is too late to undo and it is in the middle of our neighborhood*** Thank you, Patty Hart PS. could you please see that Planning & Zoning get this for there review? I did copy Com. Jones, John Bertino thinks we are trouble makers & calls us Mavericks so we don't feel that reading this will make any difference to him. Thank you. ----- Original Message ----- From: Patty To: Patty Sent: Saturday, April 07. 2007 3:21 PM Subject: Least impact on the center of our neighborhood. doc with additions.. Least impact on the center of our neighborhood Casino & parking built on the existing commercial Jai Alai with back gates to NE 2nd Street not to be used as an entrance or exit to or from Jai Alai property. Fronton Blvd used for Jai Alai Entrance & Exit not to be connected with NE 2nd Street Present parking used for Frost Park removed to widen for Boyd's entrance & exit. As shown parking on corner across from Frost Park to be purchased by Boyd's, to replace removed parking all 4/13/2007 Least impact on the center of our neighborhood Page 2 of 4 landscaping, paving, lighting, cross walk provided by Boyd's. Landscaped Berm or wall to hide parking lot from NE 3 Avenue & NE 2"d street sidewalk & landscaping. Neighbors on NE 3rd Avenue to be included in the design & lighting. Crosswalk from new parking lot to Frost Park to have some kind of walk safety light & designated paved area with signage in advance. Entrance to Dania Beach Realty, Citibank/library drive ways remain the same. Citibank looses present street parking along Fronton Blvd to widen Fronton Blvd for Boyd's entrance. One way street & alley to remain open to Fronton Blvd. Side walks from NE 1st Street to Dania Beach Blvd on West side of Fronton Blvd will be provided where the sidewalk isn't by Boyd's Gaming. (This just maybe in front of Dania Beach Realty). Dania Beach Realty property to have assistance from cityplanner regarding relocation of their needed parking that they will loose when Fronton Blvd is changed by Boyd's Gaming. Alley & one way street north side of CitiBank to be discussed. NE I st street to end at Fronton Blvd in a cull de sac with proper landscaping. All new landscaping to have sprinkler system. Traffic study immediately after opening new casino to see impact to Gulfstream Road for a future traffic light. City of Dania Beach to talk with FDOT regarding all the Right turns only from north east neighborhood on to AM. The above is from the North East Dania Beach Property Owners Association information gathered from the neighbors to present to the City Commissioners. NE 5th avenue to be discussed further. This was done & now gone.. Only If we don't have a chance to keep NE 2nd Street & give up Fronton Blvd. & easement for NE 5thAvenue If 2nd blocked at Fronton Blvd...... As the New 2"d extends north from existing 2"d at first curve, must have a berm or some type of landscaping to shield head lights fi•oin NE 3rd Avenue & the next curve for NE 5 Avenue. Fence to be from New NE 2"d north & east & west to where it meets with present NE 2"d Street to protect Foxes, raccoons, turtles & other wildlife now living on the Tomato Field Frost Park relocated parking provided at expense of Boyd's Gaming to have a wall on NE 3rd avenue side along with a landscaped buffer, proper lighting, sprinkler system, paving, safe device for cross walk from new 4/13/2007 Least impact on the center of our neighb—hood Page 3 of 4 parking across NE 2"d street to Frost Park. Sidewalk provided etc. Neighbors to be part of the design workshop. At entrance from NE 2"d Street to Danians, Boyd's to provide & install decorative signage to indicate Private Property no threw street or some device to stop the flow of short cut traffic. At center of new location of NE 2"d Street a Waterfront Passive Park provided with covered picnic tables and seating to view the waterfront. Park landscaped, sprinklered, and lighting. Park open from sunrise to sunset. Maintained by city. All the lighting on the New NE 2"d Street should be decorative & underground, not the standard poles. Side walk should run from the new Frost Park parking along the exterior sides of the New NE 2"d to where it joins & sidewalk connects with church parking & their sidewalk. Bike path from Gulfstream to Frost Park, Sidewalks from Frost Park west to US] where they don't exist & east to Gulfstream where they don't exist. The remainder Tomato Field will be deed restricted to be single family homes, no town homes, villas, condos or any density grater than single family. Conditions on extended tomato f eld that parking garage & parking will be located. The neighborhood to have a liaison person to call when problems occur. The city to assign a department to call when there are problems. No outside entertainment, no outside speakers or sound systems. As time progresses there may be additions as the development is presented & people come back from vacations. Maintance building, noise & location to be discussed. No noise emanating into neighborhood from this equipment building. Traffic study immediately after opening new casino to see impact to Gulfstream Road for a traffic light in the very near future. 4/13/2007 Least impact on the center of our neighborhood Page 4 of 4 Please keep in mind this will be a great impact on NE & SE Dania Beach. We have gathered the concerns of the NE in these letters and must give great thought to what is going to be approved We are being asked to give up streets, move streets & have a parking lot & Casino in the middle of our neighborhood. We are impacted by the airport as they expand & now a Casino. Please talk and not be argumentative, relay our concerns and have on record & please have the city attorney provide an explanation of S. 380.06 in the Pari- mutuel wagering Ch 550.155. Thank you, Patty Hart 4/ 13/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - - -- -- _ ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY4 Route Date 3/p�2 PZ Log PL-18.07 Project Dania Jai Alal -- --� Revised PLAT j Folio j504234000560,0570,0580 �— i504234160010,0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. THANK YOU. Route Me: Mail ❑ Pick Up 'LVI In-house Fire Marshal Landscape ❑ BSO ❑ Public Services `� Planner ❑ Other Consultants ❑CGA Approved as submitted _ Denied �J Comments must address prior to PZ / Commission hearing Approved w/conditionsVi List Conditions ------ Signature ✓ Print Name 3/ Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLANAND RETURN WITH COMMEWTS IF ANY Route Date 12V2007. — _ ----� PZ Log I � Project ,Dania Jal Alal ---, iRevlsed PLAT Folio 504234000560,0570,0580 _ 504234160010,0020 NITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TOIV CtINUUKPQRATED IN TH THE PLANNING AND ZONING AND CITY COMMISSION. THANK YOU. Route Via: Mail ❑ Pick Up W1 In-house ❑ Fire Marshal Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ ne,e. n, Approved as submitted Denied 7 Comments must address prior q MAR J H07 to PZ / Commission hearing Approved wlconditians !f List Conditions 4S,n,ture Print Name 3/a Dat/ <� .. § \ !o 2 2 2 |k | ] | ] e ) 2!! )$ ! ak 20 | � ' §§ * U 2 2 2 } \/ \ §ƒ ] ] !) , . e9)] } \ (/\ , !)0 \zg «!! \ �,�U \\ \� LU }� §�o _m )E \.. ui / / . -- .. ) 200 ` a <o, E2 / k k- 7 GunsterYoaldey ATTORNEYS AT LAW April 12, 2007 VIA ELECTRONIC MA —EL AND FACSIMILE Laurence Leeds, AICP Director of Growth Management City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Writer's Direct Dial Number: (954) 468-1391 Writer's E-Mail Address: hdavis@gunster.com Re: Dania Jai Alai Plat Application — Revised Plat Note Dear Larry: The Aragon Group, Inc. (the "Applicant") respectfully requests that its Plat Application be revised to change the proposed Plat Note as follows: Parcel A is restricted to 325,000 square feet of gaming facilities of including 100,000 square feet of casino and a 1,000 seat fronton. The Applicant met with Broward County's Development Management this morning and its Broward County Plat Application has also been amended to be consistent with the foregoing. Please do not hesitate to call me at 954-468-1391 if you have any questions. Sincerely, Heidi Davis Knapik cc: Blake Cumbers (via e-mail) Hoyt Holden (via e-mail) Scott Reale (via e-mail) FrL 322191.1 Gunter, Ycekley & Stewart, P.A. Broward Financial Centre • 560 East Broward Boulevard, Suite 1400 • Fort Lauderdale. FL 33394-3076 •1954) 462-2000 - Fax: i9541523-1721 • www.gunster.com FORT LAUDERDALE • MIAMI • PALM BEACH • STUART • VERO BEACH - WEST PALM BEACH City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application Administrative Variance Assignment of Flex/Reserve Units Land Use Amendment Plat Plat Delegation Request Rezoning Site Plan Special Exception Special Request Trafflcway Waiver Variance Vacation Request Other: MAP 2 12007 Planning apartment Date Rec'd: Petition No.: 7 L " 1Jr] THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: _North Side of Dania Beach Blvd. Between NE 3rd Ave. & NE 5th Ave. Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): - 504?-1416-00I0 _ Legal Description: _Sep Attached _ _5047-3416-0070 5047-3400-05611504'7-l4011-Oi70 5041-34M-05R0 ppiicant Consultant/ Legal Representative (circle one) _ Scott Reale Address of Applicant: Calvin, Giordano & Associates, 1800 Eller Dr.,Suite4600, FL Lauderdale, FL 33316 Busiress Telephone: 954-921.7731 Home: Name of Property Owner: _ The Aragnn Group Inc. Fax: 954-921-8807 Address of Property Owner: _ 301 F. Dania Beach Blvd Dania Beach F1 33004 Business Telephone: Home: Explanation of Request: _ Plat Approval Fax: Prop. Net Acreage: 48.36 - Gross Acreage: _ i0 46 - Prop. Square Footage: Existing Use: gaming facility/vacant Proposed Use: gaming facility/residential/park Is property owned individually, by a corporation, or a joint venture? _ Corporation I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. G�IA Kp _Scott Reale 3/8/07 plican Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me This Q Tr day of Haf&% 20-0 Sign Name of Notary Public State of (pbQ,t oA ) 64rld 544CCy Print Name of Notary Appllcan Consultant/Representadve: Signature: ;f 40 ° ` Date: ? O ? c or r 2F- AtLIE (Print Name) Calv"A'6�orc(ane {f�rsSeti�.kS ITOO Street Address, City, State and Zlp Code 333 Co p 5; GNU SiACEY 1 5y - 9 Z ( . Se � Telephone No. & Fax No. CannilYai 100'JllOft londl0 t4rp�1 AML INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me owner: This _ day of 20_ Sign Name of Notary Public State of( ) Print Name of Notary Commission Expires: Seal: Signature: Name) Street Address, City, State and Zip Code Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: ibis is to certify that the below referenced corporation is the owner of subject lands desribed above and that I, as a duly authorized of car, have authorized (Applicant/Consultant/Representative) Gunscer, Yoakley S Stewart, ?.A. t, make and rile the aforesaid application. Sworn to and subscibed before me This / � day of A"C-M 20 E! NOTARY PUBLIC CarrydC *'SW6d*VWA E. GAE JOYCE Sign Name 9f Ndtary Public State of(Mr,MDq ) E GAE JOyce Print Name of Notary Commission Expires: 0 7 Seal: Corporation Name: The Aragon Grou-a, Inc. Signature: Date: 311-7 /G Brian A. Larson (Print Name) Senior Vice President. and Secretary (Print Title) 301 East Dania Beach 31vd. Dania Beach FL 33004 Street Address, City, State and Zip Code T 954-927-2841 F 954-9 7-0149 Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the o ers of subject ands described above and that all partners have authorized (Applicant/Co tant/Representative) to make and fle tr aforesaid application. Sworn to and subscribed before me This _ day of 20_ Signature: Dah (Print Name)** Sign Name of Notary Pubiic State of ( ) G C;- J,3 a I'2yl:ir4i7. Scott Reale From: Susanna Dohn Sent: Tuesday, March 20, 2007 4:14 PM To: Scott Reale Subject: RE: Jai -Alai breakdown These are correct !�a'�3 3 MAR 2 1 2017 fa7)i:iTi Ii ep sYC;71��it From: Scott Reale Sent: Tuesday, March 20, 2007 4:00 PM To: Greg Clements; Susanna Dohn Cc: Hoyt Holden Subject: Jai -Alai breakdown Please confirm acreages for Dania Jai -Alai PLAT: Parcel A = 36.367 Parcel B = 10.8286 Parcel C = 1.1594 R/W #1 = 1.8551 RAW #2 = 0.2515 TOTAL = 50.4616 NE 2na Street VACATION = .8778 acres. (This is included in Parcel A's total of 36.367 because the street has not yet been vacated.) SCOTT REALE Planner (Broward) 3/20/2007 LAND DESCRIPTION DANIA JAI ALAI A PORTION OF SECTION 349 TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA Portions of the East one-half (E%2) of the Northwest one -quarter (NW %4), of the Northeast one - quarter (NE %4), of the Southeast one -quarter (SE '/4) and of the East one-half (E%2) of the Southwest one -quarter (SW '/4), of the Northeast one -quarter (NE'/4), of the Southeast one - quarter (SE '/4) and of the Northeast one -quarter (NE '/4), of the Northeast one -quarter (NE '/4), of the Southeast one -quarter (SE '/4) and of the Southeast one -quarter (SE '/4), of the Northeast one - quarter (NE'/4), of the Southeast one -quarter (SE %4), all in Section 34, Township 50 South, Range 34 East, City of Dania Beach, Broward County, Florida; TOGETHER WITH portions of Block 8, HARBOR LAWNS, according to the plat thereof as recorded in Plat Book 12, Page 14 of the Public Records of Broward County, Florida; TOGETHER WITH portions of Blocks 2, 3, 4, 5, 6 and 7, AMENDED PLAT OF HARBOR LAWNS, according to the plat thereof, as recorded in Plat Book 14, Page 46 of the Public Records of Broward County, Florida; TOGETHER WITH all of CAYDEN'S CORNER, according to the plat thereof as recorded in Plat Book 176, Pages 36 and 37 of the Public Records of Broward County, Florida; AND TOGETHER WITH portions of Northwest 2"d Street, Northwest 5`h Avenue and Fronton Boulevard, all the above being more particularly described as follows: BEGINNING at the Northerly most Southwest comer of said CAYDEN'S CORNER; THENCE North 01045'47" West on the West line of said CAYDEN'S CORNER and the West line of a parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida, a distance of 1,110.05 feet to a point on the arc of a non tangent curve to the left, of which the radius point lies North 60028134" West; THENCE continuing on said West line of a parcel of land described in Warranty Deed 9909, Page 23, Northwesterly along the arc of said curve, having a radius of 35.00 feet, through a central angle of 121 °26'02",an arc distance of 74.18 feet to a point of non tangency; THENCE North 01°45'47" West continuing on said West line of a parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23, a distance of 7.78 feet to the Northwest comer of said parcel of land; THENCE North 88'59'11" East on the North line of said parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23 of the Public Records of Broward County, a distance of 888.81 feet to the Northeast comer of said parcel of land; 1'. d b, C\LV IN, GIORDANO.S ASSOCIArF.s. ISC I> .0 I."I.r Druc . Anc GCO Fin L.:e 4rd�l<. FL 1] ) I6 Vera: M I, ".66 Nv r..ed Vaw.'Ix 7,',)06 Rcr­dma"i 14_007 It, 'd ]larch ]0. S;.d P P,n Cnls''0)e n653U3 Duna ❑uaeh hi Alm PI SHEET 1 OF 5 SHEETS THENCE South 01 °32'28"East on the East line of said parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida and it's Southerly extension, a distance of 1,250.98 feet to the intersection with the South right-of-way line of Northeast 2nd Street as described in Deed Book 808, Page 51 of the public Records of Broward County, Florida;; THENCE North 88°41'36" East on said South right-of-way line of Northeast 2"d Street, a distance of 135.13 feet to the Northwest comer of a parcel of land conveyed to the City of Dania, as described in Official Records Book 3769, Page 482 of the Public Records of Broward County, Florida; THENCE South 01'20'48" East on the West line of said parcel conveyed to the City of Dania, a distance of 5.00 feet; THENCE North 88041'36" East on the South line of said parcel conveyed to the City of Dania, a distance of 339.73 feet to the intersection with the East line of said Section 34; THENCE South 01 ° 16'09" East on said East line of Section 34, a distance of 1165.87 feet to the intersection with the North right-of-way line of Dania Beach Boulevard (State Road A-1-A) as shown on Florida Department of Transportation Right -of -Way Map, Section 86030-2506, Sheet 2 of 4; THENCE South 87°45'08" West on said North right-of-way line, a distance of 964.56 feet to the intersection with the East right-of-way line of Fronton Boulevard, as described in said Deed Book 808, Page 51, of the Public Records of Broward County, Florida; THENCE North 01030'00" West, on said East right-of-way line of Fronton Boulevard, a distance of 1166.80 feet; THENCE South 88°41'36" West, a distance of 100.00 feet to the intersection with the West right-of-way line of said Fronton Boulevard as shown on DANIA COUNTRY CLUB ESTATES, according to the plat thereof as recorded in Plat Book 32, Page 23 of the Public Records of Broward County, Florida and the beginning of a non -tangent curve concave to the Southwest, whose radius point bears South 88°30'00" West; THENCE Northwesterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 42°26' l9" and an arc distance of 18.52 feet to a point a point of non tangency; THENCE North 01045'47" West, a distance of 63.06 feet to a point on the North right-of-way line of Northeast 2`1 Street as described in Official Records Book 3757, Page 285 of the Public Records of Broward County, Florida; Prepared by CALVIN. GIORDAW A A SIOCIATES, INC ISA Eder llroa �e„U Fun I aJa, J,Ic. R�,llib Fuvnnlxr 1. JNe Nm x•J \a• nirr 1 :nb 91v d N.rteb I 11' Ra„cJ %1,111h I-J : " P Pr,y"i:."."' a n, II ... n»�Ah.?1,,1SLRVErL, ,Ine,, pu,e.N.w 1,Inol,dm 3'0."07d.,, SHEET 2 OF 5 SHEETS THENCE South 88°41'36" West on said North right-of-way line of Northeast 2"d Street and the South line of said CAYDEN'S CORNER, a distance of 228.22 feet to the beginning of tangent curve to the right; THENCE Northwesterly on the arc of said curve having a radius of 25.00 feet and a central angle of 89°32'37" an arc distance of 39.07 feet to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing 2,198,111 square feet (50.462 acres), more or less. P,,,,,d by CALVIN, OIORDANO&ASSOCI A rLS. CC 15(J Eller Dive - Su'cv an) FL,uSrJao FL )3)1 11�NuI, ]W6 Rascd NmcmM 1, 1006 RdsN Mach 10, 7W7 Re scd black]0.]W P Proi==r"-cW065303 llr..h,,.AL. Ph, >LRaIPI<g,lWscrwi fN,a 61h d-3-20-200]I,c SHEET 3) OF 5 SHEETS t� NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted, by the Surveyor, for Rights -of -Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. 'Bearings are based on the North right-of-way line of Dania Beach Boulevard having an assumed bearing of South 87°45'08" West. 4. Inform31on shown hereon '46s riot represent a Boundary Survey. CALVIN, GIORDANO & GregoryfJ. Clements' C/' Professional Surveyor and Mapper Florida Registration Number 4479 SHEc';'S DATE: rZ-(2-oc, SKETCH OF LEGAL DESCRIPTION - - - ---- DANIA JAI ALAI PLAT ®N ►ILgaclau W P---- ..,,., h Of N q ia. acA , Ld R D.a IOL ✓p N. aG. O S' R/1a O.na. ]]ae. I I I I I h N88941 J6"E `o- 'ax, S.C.R. 135.13' I I I i.°fa Poa aZtl Y a _ e,(. DPI Sg, 3 aF0. xlaa OP, .eL 0.[.. SwIA /Na I — I O O.B. d10. Pp f,, aGR I rJ.(, In0 S(rM ,,,aµ(. S017048"E aAa xxa h .ez ecRl I I r I Detail ..`:,7,`,1, 5oo' N88'4f36"E Lxur.f•_aa —�ILww -------J339_73'�ot)—J —J L_—L1L� $1 Mwlw a.a J,n r. All, AM 6 r r --O--r o�--- I 1 ---I �� a 00123' �^ 1 I I t 6 OF �' aD <I �h:ry� A 588.46' N @°41 t461(d "m PAO'-v L,p0 �2 I I I 3 biK 3 IZQ �•0 A G � aa.a loco, �j ---- -- t.r -----J L--- °` ,f. w "wrrw a.a ,,,a r. IAa P q, t la a �� —rT .... aGv s s I I 4 .4.0. ,N PL Is 1 i. ��• © L J I I O , fifer. 1 I Z I I --------------J L__j- w+m PA1 Jn> r. nf..ea 1 i r• Ga If — — — — dye�a• - r---r—• ��tP�11. Y I t �paH'rir t). 5 I I I y Is A PQ I, aaM• O i I I J�• I i —°aS88041'36"W p I I 0 it fife j�i 41.67' tt�l I y i t ° P.0.�1,R=25.00' CA=89°4824"N0r4 47w500 lVe8.4r36•E r9802L=39.19'— [ Nrc.._ k �a �1.EInd. 51. oa Ic. h� n. aca. � k i N01 °45'47"W 8� 3 . '" F. Inad fn"rr I See 0oaaiJ j 55.00 .'a, °s. doa rp v, au can •mr, n(l.a sl V. swmne O'a O S.. J.-50 , Id Sbu, r D I Q P.Qr— Oaa. Pf1, ip xa1 flLF �W C i ,YO .O , Swlhwest cwaa lock 5I f N i I°e r0 'AMENDED PLAT qT 7 U9 g1f5 AdR r51A .O ep s. e.no-u HARBOR LAWNS NO. I" rF�tal GZ P.B. 14. Pg. 46, B.C.F. H } 79' ; Ie F.n nw •n.. Motchline" So,? S'h,4?et 5 of l51 L'• ia County,�' Pnon Pe..Pxl na( r.. fa.pal,ew] Broward Florida art -l(as ofo --- ' `[.rllnut. of A to rinu.n a]al l(12 6-2006 II SEE LEFT I y 5 i°p5�'1 G os oG t. 9µU P9. LL SKETCH OF LEGAL DESCRIPTION DANIA JAI ALAI PLAT t t W to VA { i Motchline i.See Sheet 4 of 51 9 e.a on el, MI.. ae,, "ja uv wnyA i �!t1Yv I f".If/if I f f � P c'° w 9g0 j it av, at1 O/1 MV.. 4V4 laaI z l t i 0\ I ri It uaa� i ��MM.. frwn YN f`n Q 0-'HiC `GALE iU 0 „am .Nl. FCR 1 Sn/Y-fp .i Yl/l a s af' t itCt,1e Corkin J339541' d Chen. Cto atI r.. 5191 Broward County Florida (612 6 06 II SEE LEFT11 5 Cfrtfleda of Authorization fl>YI f CPN a 106882B50, OR BK 43688 Page 824, Page 1 of 4, Recorded 03/02/2007 at 02:50 PH, Brovard County Commission, Doc. D $7700.00 Deputy Clerk ?nat -'M-01-2007 14:17 GUI STER YOOKLEY STaJMT THIS INSTRUMENT WAS PROARED BY: DAtoeL M. MACKLER, ESQ. GUNSTM YOAXLEY dt STEWART. P.A. 500 EAST BROwARD BouLxvARD, SUITE 1400 FORT LAUDERDALE, FLORmA 33394 Folio No.: 0234 16 0020 SPECLA.L WARRANTY DEED UNM , goo 4 P. 01/04 MAR 14 2007 planning Or'.pai1 l :'tit THIS INDENTURE, made this I day of HAQGH 2007. between AMSPROP DANIA BEACH IIYVE4I MENTS, LLC, a Florida limited liability comparry, Whose address Is 2070N. Orin Blvd., Na 3, Boca Rama FL 33431 C%kNQe% and TIDE ARAGpN aGROUP, IN a Floridcorporation, Whose address Is �1 E.1jan aeatL Blod at 33a � »). WITNESSETH THATt Grantor, for and In consideration of the cum of Tm and No/100 U.S. Dollars ($10.00), lawful motet' of the United State of America, to It in hand paid by the Grantee, at of before the meealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargaioed, sold, alletlated, remi a4 released, conveyed and confirmed and by them presents does grant, bargain sell. aEeq remiss, release, convey and confirm unto the Gramae and itahis/her heirs or Awcesson and assignees forever, the following pared of lend, situate, lying and being in the County of Broward CT92DW), State of Florida.and moss Particulard described as follows: y SEE EXHIBIT A ATTACHED HERELO AND MADE A PART HEREOF (the "Lad-). SUBJECT, HOWEVER, TO THE FOLLOWING: Red property taxes and asaessmerds for the year 2007 and for subasgtavn yeah. Zoning end other regulatory laws and ordinances affecting the Land Easements, reservations, restrictions, rights of way, and ctba matters of record set Forth in i attached hereto (without thereby rs-Imposing the same). TOGETHER with all and singular rite tmamenma, hcrediraments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with sold Grantee that it it law(blly seized of the Land hereby conveyed in fee simple; that it has good right and lawful authority to salt and convey said Land; that it hereby specially warrants the dtle to said Land sad wilt =11 the same against the lawful clalms of any Pcrsons claiming by, through or under the said Grantor but against no others. (TEXT AND SIGNATURES FOLLOW) M 319BIJ 101 MM-01-2007 14:17 GLNSTER YORKLEY STEUMT 4 P 02/04 IN WITNESS WHEREOF, Grantor has cauead these prneob to be signed in its name by ib proper ot8ceM and its corporate seal to be affixed, the day and year fast above wrinm AMSPROP DANIA REACH ugwSTMENfS, LLC, a Florida limited liability company BY: Lavish Holding Corp., a Florida corporation. its Menaging f! tuber By Zvi Levin, as President STATE OF FLORIDA ) COUNTY OF ) The foregoing Sly Warranty Deed wu acknowledged before me this / da of dWk . 2007, by Zvi Levin, as President of Lavlth Hot y corporation` ea M Corp., a Florida enaging Member of AMSPROP DANIA BEACH 11YVESTMENTS, LLC, a Florida limited liability company, on behalf of the ocspo aticn, who (* is ^personally known to me, of ( ) produced _ _.. .. !A—N _ M 1I9a)1.1 11RR-01-2007 14:17 OLNSTER YOWLEY STEWRRT 4 P.03/04 All of Cayden's Corner, according to the Plat thereof, recorded in Plat Book 176, Page 36, of the Public Records of Broward County, Florida F"11.119vl.1 MAR 14 M7 Planning Departmclilt _ Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd Gaming/Amsprop KCH/kch SCHEDULE A ' Effective date: ovem tI a, 2. Policy or Policies to be issued: (a) ALTA Owner's P9Ji (Rev 10-17-92) with Florida Modifications ount $1,100,000.00 J hi C(de C11 ,'61d2c�v r (/ C• a {6L14� GCL��rYI� G1� Proposed Insured: _an"^_ _ `Try )RPI 4T7L1�LA� �AnarnuP {�N (b) ALTA Loaa Policy (Rev. 10-17-92) with Florida Modifications Amount S Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE MIKE 4. Title to the FEE MIPLE estate or interest in said land is at the et%ctive date hereof vested in: jkMSP?C1P P4NG-BEAC IF�LWESTIIENIS, LLC, A F f14fiTED Eht9H {T -- COMPANY The land referred to in this Commitment is described as follows: Sae attached Exhibit "A" Fidelity National Tide Insurance Company 15951 SW 41 Street, Suite SC0 Weston, FL 33331-1521 �954) 21? ?-:4 ext. 14i Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd GamineAmsprop SCSEDULEBI (Requirements) The following are the requirements to be complied with: j� Payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate or interest to be insured. �? Instrumengs) creating the estate or interest to be insured which must be approved, executed, and filed for record: �Q Duly executed Warranty Dead from AMSPROP DANIA BEACH INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, Grantor, to BOYD GAMING CORPORATION, A NEVADA CORPORATION, Grantee, conveying the estate to be insured; together with proof that the Limited Liability Company is currently (and as of the date of being vested in title) in good standing under the laws of the State of Florida and proof reflecting the manager(s) who are authorized to execute the conveyance. Note: If the manager is a corporation, limited liability company, limited partnership or limited liability limited partnership, proof of the good standing of said entity and proof as to the person(s) who are authorized to execute on behalf of said entity is required. �,W Payment of real property taxes and assessments for the year(s) 2006. Release to be executed by Amsprop Dania Beach Investments, LLC, a Florida limited liability company and Carrousel Concessions, Inc., a Florida corporation, as successor in interest to Island Yacht & Tennis Club, Inc., a Florida corporation, releasing that certain Agreement regarding recreational facilities, dated October 15, 1974, between Island Yacht do Tennis Club, Inc., and The Estate of Ida Schleicher, as contained in and being on Page 902 of that certain Agreement recorded June 3, 1975 in Official Records Book 6224, commencing at Page 899, of the Public Records of Broward County, Florida. YAn Affidavit in form acceptable to Fidelity National Title Insurance Company and executed by or on behalf of the current record owner(s) of the subject property stating: (I) that there are no parties in possession of the subject property other than said current record owner(s); (2) that there are no encumbrances upon the subject property other than as may be set forth in this Commitment and (3) there are no unrecorded assessments which are due and payable and all sewer and water bills are paid through the date of this Affidavit; and (4) that there have been no improvements made to or upon the subject property within the ninety (90) day period last past (from die date of such affidavit) for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens nm, be claimed must be furnished to Edeiity Natioral isle lnsuranco Contpary, cr, in lieu t1mQor, ,., ,.:;CtCiIJ❑ :O 111050 ma: :Crs met C;It..:n laid A:Fidavi[ :4111�;1 .tr3 II:CCn:�_ '�Ilt .vith -r dcvi l:C f.-c:11 'o foaeeCincquiroments WiiI 'ppecr in the policy or i;oI.cies to 'ea issued pursuant to ,11is FO&M ]G.:ILSbA NU CC&N i. . (1%6) Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd Gaming/Amsprop p)� Proof of payment of any assessments due to Broward County, Florida, and if located within a unicipality, proof of payment from said municipality and to any special taxing district. NOTE: If this requirement is not complied with the following Exception will appear on Schedule B: Any Assessment due to Broward County, Florida, and if within a municipality any assessment due to the municipality and to any special taxing district. Proof of Payment of any service charges for water, sewer, waste and gas, if any, through the date of closing. NOTE: If this is not complied with the following exception will appear on Schedule B: Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. (NOTE: You can contact Abramowitz Tax Lien Service at www.atl.service.com, to request this information at a foe.) END CF SCHEDULE B I Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd Gaming/Amsprop SCHEDULE B H (Exceptions) Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. All assessments and taxes for the year 2007 and all subsequent years, which are not yet due and payable. 9. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed / by law and not shown by the public records. i Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would show. PG Rights or claims of parties in possession not shown by the public records. 6. Restrictions (delating therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), covenants, eawment(s), setback(s), if any, as may be shown on the Plat of CAYDENS CORNER recorded in Plat Book 176, Pages 36 and 37, of the Public Records of Broward County, Florida. 2006 Tax Year Pareel,Folie No.: 1023 t-16-00200 2006 Tax Year Gross Tax Amount: 57,019.13 Assessed Value: S3Cd,7%00 Exemptions: Type: None Sums of 2:;u6 Tax Y.:ar Pa}r.,ent: DUI; ":he pr�;;eseJ doa�rcats Jrea;i::� fi:a estate or interest x�':e ics,.rtd ar,a:',er.visc...,ccr'.�icic..c:sis of the transaction. If the proceeds of the loan to be secured by die insured mortgage are deposited with the Company or its authorized agent, Item I above shall be deemed deleted as of the time such funds are disbursed to or for the account of the borrower. Neither the company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd Gaming/Amsprop Items 3,41 and 5 will be deleted provided: a satisfactory current survey is submitted, if applicable; it is determined the current year's taxes or special assessments have been paid; an affidavit of possession, in recordable form, is provided; it is determined there are no filled -in lands; and there is nothing of record which would give rise to mechanic's liens which would take priority over the insured interest (where the liens would otherwise take priority, submission of waivers is necessary). Additional exceptions will be made in the policy for any appropriate matters disclosed. END OF SCHEDULE B II Fidelity National Title Insurance Company Commitment No: CD06-110517 Agent File No: Boyd GaminglAmsprop EXHIBIT "A" All of Cayden's Corner, according to the plat thereof, recorded in Plat Book 176, page 36, of the Public Records of Broward County, Florida. NO. 1" as recorded In Plat Book 14, Page 46, of the Public r rowerd County, Florida, run S. 89046130" E. S feet along the South bo sald Block 5; thence, N. 0010,101, W. parallel with the West boundary s ock 5 a distance of 29.83 feet to a Point of Beginning; thence, continue N. 0'30' 362.16 feet; thence S. 89046'30" E. 225 feet; thence, S. 0'10110" E. 337 feet; thenc 46'30" W. parallel with the South bounda of 'd Bl k 5 20 ry sa[ oc 0.16 feet to a sture; thence, on a curve to the right, having a central angle of 89'36'20" and a radius are distance o Page 1 of 2 :M1GE01 : FL-06-75809 11/28/2006 11:11:18 am DOC: PS 176/06 ?aq•. 001 I � I I �z �# 'QAP 1 1. 10111 1MAG:01 : FL-06-76319 11/23/2006 11::::ldam DOC: ?H 176/36 Page 2 0: 2 4 -— 1-uv M� �ij '� lfic{ J § �,i i.. d LU i. , IM 1 10 • � _ 3 ! 711.i�:i91�7d?�t:7i:;ilt�:���t3!��i'�,it=.9?�ea��i: '�": :f , �1i •.'�••�_.tp I � � First American Title Insurance Company Liability under this commitment is limited to $1,000.00. In the event that title Insurance is desired, the Company Is to be advised as to the sale price or fair market value of the land or the principal amount of the mortgage to be insured, as the use may be. Company will then, at its discretion, commit to issue its owner or loan policy by modifying Item No. 2 appropriately and charging the applicable premium therefore. SCHEDULE A Customer Reference No.: NCS-238324A-FTL Agents File No: NCS-238324A-CLW2 Commitment No.: FA-C-11503 Date Issued: March 13, 2007 Date Effective: March 12, 2007 at 8:00 a.m. (3rd Revision) Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Amount of Policy: To Be Determined (10/17/92 with Florida Modifications) Proposed Insured: A Natural Person or Legal Entity to be Designated (b) A.L.T.A. Loan Policy Amount of Policy: To Be Determined (10/17/92 with Florida Modifications) Proposed Insured: A Natural Person or Legal Entity to be Designated H67V fir' P..G.J MAR 14 7007 Planning DePartment 2. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate designated as follows: Fee Simple 3. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated as indicated in No. 2 above) is, at the effective date hereof, vested in: The Aragon Group, Inc., f/k/a Dania Jai Alai Palace Inc. (successor by merger to Carrousel Concessions, Inc.), f/k/a Morro Operating Co., Inc., successor by merger to Dania Fronton Corp. 4. The land referred to in this Commitment is in the State of Florida, County of Broward and described as follows: See Schedule "A" attached hereto and by this reference made a part hereof. First Company THIS COMMITMENT i5 FURNISHED BY FIRST ANIERICAN TITLE INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOLELY FCR THE ISSUANCE OF A POLICY OR POLICIES OF TITLE INSURANCE OF FIRST AMERICAN TITLE INSURANCE CChIPANY. THIS COMMITMENT 15 �iDT AN ABSTRACT CR AN OPINION OF TITLE. I.IARILITY UVDER T [S CCi9MIT`'ENT IS CEFINED EY AND LlFI1TED TO THE T E6MS AfiD TGV'G1-,L5 CF h?iS COMMi TMENT AND TCE TITLE IAS,,PAP:,-F PCL:CY r0 -E ISS-EO. PERSC)IS A%' Eli ,E, ;., L:STSG ,r;;C;vE AS ?RCPOSEI) :N5LR2?,S ARC NOT L`ITiTLED TO RELY L'PCN This CChIPIiT:dENT FOR ANY PURPOSE. Page 1 of 9 First American Title Insurance Company Schedule A (Continued) Issuing Office File No.: NCS-238324A-CLW2 A PORTION OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, PORTIONS OF THE EAST ONE-HALF (Elh) OF THE NORTHWEST ONE -QUARTER (NW 1/4), OF THE NORTHEAST ONE -QUARTER (NE 1/4), OF THE SOUTHEAST ONE -QUARTER (SE 1/4) AND OF THE EAST ONE-HALF (E'/2) OF THE SOUTHWEST ONE -QUARTER (SW 1/4), OF THE NORTHEAST ONE -QUARTER (NE 1/4), OF THE SOUTHEAST ONE -QUARTER (SE 1/4) AND OF THE NORTHEAST ONE -QUARTER (NE 1/4), OF THE NORTHEAST ONE -QUARTER (NE 1/4), OF THE SOUTHEAST ONE -QUARTER (SE 1/4) AND OF THE SOUTHEAST ONE -QUARTER (SE 1/4), OF THE NORTHEAST ONE -QUARTER (NE 1/4), OF THE SOUTHEAST ONE -QUARTER (SE 1/4), ALL IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 34 EAST, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA; TOGETHER WITH PORTIONS OF BLOCKS 2, 3, 4, 5, 6 AND 7, AMENDED PLAT OF HARBOR LAWNS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; TOGETHER WITH PORTIONS OF NORTHWEST 2ND STREET, NORTHWEST SFH AVENUE AND FRONTON BOULEVARD, ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 5 OF SAID AMENDED PLAT OF HARBOR LAWNS; THENCE NORTH 01°45'47" WEST ON THE WEST LINE OF SAID BLOCK 5, A DISTANCE OF 5.00 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NORTHEAST 2ND STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 3757, PAGE 285 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 88041'36" EAST ON SAID NORTH RIGHT -OF -LINE OF NORTHEAST 2ND STREET, A DISTANCE OF 198.02 FEET TO THE POINT OF BEGINNING; THENCE NORTH O1°45'47" WEST, A DISTANCE OF 680.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 9002723" AND AN ARC DISTANCE OF 118.41 FEET TO A POINT OF TANGENCY; THENCE NORTH 88041'36" EAST, A DISTANCE OF 588.46 FEET TO THE INTERSECTION WITH THE EAST LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 9909, PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 01032'28" EAST ON SAID EAST LINE AND IT'S SOUTHERLY PROJECTION, A DISTANCE OF 815.79 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 2ND STREET AS DESCRIBED IN DEED BOOK 808, PAGE 51 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; T"�' /.AY LINE CF NCP HEAST IND STRIEET, A ��cilCENORTH 89°41'36" EAST ON SAID SOUTH �R;GHT-OF-�" :? n— c �� JiST1ilCE Cr 13S.13 FEET TO T-�E iv'CRTHS`i EST CCR_�ER OF A PARCEL OF LAND CON') EYED TO T; IE CITY OF DANIA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3769, PAGE 492 OF THE PUBLIC �, ON iii'= "iES I. " C� S:;iD'R:ARCl3. COi1'd;:'11=D f0 i'nE C;Ty OF DANIA, A DISTANCE OF 5.CO FEET; Page 2 of 9 First American Title Insurance Company THENCE NORTH 88041'36" EAST ON THE SOUTH LINE OF SAID PARCEL CONVEYED TO THE CITY OF DANIA, A DISTANCE OF 339.73 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID SECTION 34; THENCE SOUTH 01016'09" EAST ON SAID EAST LINE OF SECTION 34, A DISTANCE OF 1165.87 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF DANIA BEACH BOULEVARD (STATE ROAD A-1-A) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 86030-2506, SHEET 2 OF 4; THENCE SOUTH 87045'08" WEST ON SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 964.56 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF FRONTON BOULEVARD, AS DESCRIBED IN SAID DEED BOOK 808, PAGE 51, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 01030'00" WEST, ON SAID EAST RIGHT-OF-WAY LINE OF FRONTON BOULEVARD, A DISTANCE OF 1166.80 FEET; THENCE SOUTH 8B041'36" WEST, A DISTANCE OF 100.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID FRONTON BOULEVARD AS SHOWN ON DANIA COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32, PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 88030'00" WEST; THENCE NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89048-24" AND AN ARC DISTANCE OF 39.19 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 2ND STREET AND A POINT OF TANGENCY; THENCE SOUTH 88041'36" WEST ON SAID SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 2ND STREET, A DISTANCE OF 41.67 FEET, THENCE NORTH 01045'47" WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING. Page 3 of 9 First American Title Insurance Company SCHEDULE B-I (Requirements) Agents File No.: NCS-238324A-CLW2 Commitment No.: FA-C- 11S03 The following are the requirements to be complied with: 1. Payment to, or for the account of, the grantors or mortgagors the full consideration for the estate or interest to be insured. 2. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable. 3. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed; that contractor, subcontractor, labor and materialmen are all paid in full. 4. Instruments in insurable form which must be properly executed, delivered and duly filed for record: NONE -INFORMATIONAL COMMITMENT Page 4 of 9 First American Title Insurance Company SCHEDULE B-II (Exceptions) Agents File No.: NCS-238324A-CLW2 Commitment No.: FA-C- 11503 Schedule B of this policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. The lien of the taxes for the year 2007 and all subsequent years, which are not yet due and payable. Parcel No.: 10234-00-05600 Gross Amount: $ 468,062.17 Pacrel No.: 10234-00-05800 Gross Amount: $ 87,461.33 Parcel No.: 10234-00-05700 Gross Amount: $ 83,507.10 Parcel No.: 10234-16-00100 Gross Amount: $ 171,109.41 2006 taxes are PAID 9. Oil, gas and mineral reservations contained in Instrument, recorded in Deed Book 123, Page 447, as affected by: Re!ease of Reservation No. 5454, recorded in O.R Book 3698, Page 503, _Z. ,— i�, :rJ t cstrun_c;-, i d_d in Ced Cc,,x r;fu, �' ;_ -. Page 5 of 9 First American Title Insurance Company 13. Terms and provisions contained in Instrument, recorded in O.R. Book 101, Page 349. 14. Terms and provisions contained in Right of Way Deed, recorded in O.R. Book 5491, Page 891. 15. Easement, recorded in O.R. Book 3782, Page 713. 16. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 8454, Page 205, 17. Declaration of Restrictive Covenants, which contains provisions for a private charge or assessments, recorded in O.R. Book 38953, Page 1915, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 18. Perpetual Easement, recorded in O.R. Book 43561, Page 353. 19. INTENTIONALLY DELETED. 20. Subject to the interests of the of City of Dania Beach, Florida as to that portion of NE 2nd Avenue and Fronton Blvd., City of Dania Beach, Florida lying within the boundaries of the subject parcel. Note: For title insurance purposes, in addition to other requirements, a vacation of these rights of way will be required. Page 6Of 9 First American Title Insurance Company Issuing Office File No.: NCS-238324A.CLW2 Note: All of the recording information contained herein refers to the Public Records of Broward County, Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. Notices --Where can► All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308-3752. Service Quality and Availability First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll -free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. P390 7 of 9 First American Title Insurance Company A Natural Person or Legal Entity to be Designated Florida Promulgated Closing Service Letter The operation and scope of the following closing protection letter ("Letter") is limited to the transaction which is the subject of the commitment to which this Letter is attached and is also directed to those person(s) and/or entity(as) set forth in the Letter and identified as a proposed insured in the commitment Re: Issuing Agent: Agent countersigning the attached commitment When title insurance of FirstAmerican Title Insurance Companyis specified for your protection In connection with closings of real estate transactions In which you are to be the lessee or purchaser of an interest in land or a lender secured by a mortgage (Including any other security insbument) of an interest In land, the First American Title Insurance Company, subject to the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection with such dosing when conducted by said Issuing Agent when such loss arises out of: 1. Failure of said Issuing Agent to comply with your written closing Instructions to the extent that they relate to (a) the status of the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest In land, including the obtaining of documents and the disbursement of funds necessary to establish such status of tine or lien, or (b) the obtaining of any other dacumenq specifically required by you, but not to the extent that said instructions require a determination of the validity, enforceability or effectiveness of such other document or (c) the collection and payment of funds due you, or 2. Fraud or dishonesty of Bald Issuing Agent in handling your funds or documents In connection with such dosing. If you are a tender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on a one to four family dwelling shall be protected as if this letter were addressed to your borrower. Conditions and Exclusions A. The r7rsfAmerican Tbtr Insurance Companywill not be liable to you for loss arising out of: 1. Failure of said Issuing Agent to comply with your closing Instructions which require title Insurance protection Inconsistent with that set forth In the title Insurance binder or commitment Issued by the FirstAmrican Title Insurance Ca,'Psny. Instructions which require the removal of specific exceptions to title or compliance with the requirements contained In said binder or commitment shall not be deemed to be inconsistent 2. Loss or impairment of your funds In the course of collection or while on deposit with a bank due to bank failure, Insolvency or suspension, except such as shall result from failure of said Issuing Agent to comply with your written closing instructions to deposit the funds In a bank which you designated by name. 3. Mechanics' and materialmen's IIMs In Connection with your purchase or lease or construction loan transactions, except to the extent that protection against such liens is afforded by a title insurance binder, commitment or policy of the FirstAmeriew Title Insurance Company. 4. The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction costs during the construction of improvements on the land to be insured, unless an offleer of the company has specifically accepted the responsibility to you for such disbursement program in writing. B. When the FirstAmerl Title Insurance Canpany shall have reimbursed you pursuant to this letter, it shall be subrogated to all rights and remedies which you would have had against any person or property had you not been so reimbursed. Liability of the First American rifle Insurance Company for such reimbursement shall be reduced to the extent that you have knowingly and voluntarily impaired the value of such right of subrogation. C. Any liability of the h7rstAmer1can rifle Insurance Company for loss Incurred by you in connection with closings of real estate transactions by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the protection afforded by a title insurance binder, commitment or policy of First American 7-We Insurance Company. The dollar amount of liability hereby Incurred shall not be greater than the amount of the title insurance binder, commitment or policy of title insurance to be issued, and liability hereunder as to any particular loan transaction shall be coextensive with liability under the policy issued to you in connection with such transaction. Payment in accordance with the terms of Nis letter shall reduce by the same amount the liability under such policy, and payment under such policy shall reduce by the same amount the company's liability under the terms of this letter. D. Claims of lass shall be made promptly to the FirstAmerean Title Irsurance Company at its principal office at 1 First American Way, Santa Ana, Cahfonia 92707. When the failure to give prompt notice shall prejudice the First American Title Insurance Company, then liability of line Fii6tAmer/Cdn Tile Insurance Company hereunder shall be reduced to the extent of such prejudice. The Frat Amercan Too Insurance Cmpany shall not be'lable hereunder unless notice of loss in writing is received by the First American role /rsurarce Company within ninety (90) days from the date of discovery of such loss. E. Nothing contained herein shall be construed as authorizing compliance by any issuing agent with any such closing instructions, compliance with which would constitute a violation of any applicable law, rule or regulation relating to the activity of ttle insurers, their ssung agents, and their fa lure to comply with any such closing instructions shall net create any Nabillty under the terms of this letter. F. The proection herein offered will be effective until Cancelled by written nonce from the F, SrAmencd0 77,tle Insurance Company. Any previous insured Closing Service ener or similar agreement is hereby cancelled, except as to closings of your real estate transactions regarding when you have previously sent (or within 30 days hereafter send) written closing instructions to said Issuing Agent. FIRST AMERICAN TITLE INSURANCE CCVIPANY By: V.ce President Page 8 of 9 First American Title Insurance Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its fair.Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect Include: • Information we receive from you on applications, forms and in other communications to us, whether In writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled ar,; in aCCGiddnce anth tris Prl'rPl/ Pa _ a. d First %gym r can s FJ' '; I.' •�, :. �� I' .'_'1 �ih y.ICc Page 9 of 9 r .. ��•��i,ct�L-arlSii��- it' _ - of .-.• Y�tp r_al ..L;nn;.a�.t a.::J ct ?: vtae al Lot i'•tu� Ix:n t: tGa la:.Je 1. u:.•Jnu.,l]Y��a c: '- A , ._ S la a ],+e LC ]Irrl Ji e_tJ JL J '. u_ r ee 9q1 :Lr r; :q .f ..- t'J ud: a. t- lct p[. e. f..rr r•. ,C ..:.1 LJ +.ol t. D Tor ..>l] Lr .It r]u12 _ _ _.. • .B [1J cn'•+Y .' :L'.."• �: :p. pJ ['l1. [Rio 4J :. •.n,.J r; �' ] • .:IJ:jI6)d�J'!II ,a ._n .�'[e:...t .•rl f..l' Y=✓.lY..:B .,L-14 �:• _ •:�aG'vr w_tn e.l �•ttt1.[ lrtpe A L.L r_[uruc e: v.'ter .m C p>r 'w 6l a.'.r do Ill+[ 7•nr •. and if:,nt yr Jout 1>r s._ •Y, V�.;+>f: r: nnJ wa' p..ct JC .-nl v. 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Jee: una mJ.e] e:'• sn,pt 'oLc m, en �. nL.n If - u'e pJ ri a• ': 1 "e eJ_ l�j a re• ur JII• [P •J -4;a OC Gals ctu4,.�1 al --- �_i t !l.• of C,re nM J'S.air.al . - G ...J a' - !m. •Y r oul j.._.— • pr a P+tl i fVratttPv-�--� y 4r t It LI nfcG ra t 1 '' i Lf Vf lr.l tllS I 1 J l4 e'a *JI'd tI, a-p V [r A m/ c-elegy ,J ._laJ t ef` n- �-'7 'x C] lflr •.4•rrt. `77 r 111„ c: > u G vT •e •l cl 1 -.r it.;'L:,L et' .l[,_ r. •1' 'f .w:ti..4.+.•>,- t M1 '1. 1 1 1 l L •-LI I i 9 1. ^Its ( rx 1 .1 1' 4 ]: lS�r,' �•>eM1 �I.�l.v _ Ja1 ] J DEC-15-2006 13:81 DATA TRACE INFORMATION 33 954 321 7429 { u ! �4 ? 1) q ,y'� 1 Cal ea yW� 1%�.. )girl ) '-`''. '�` '$,T Sat ydl�:.., ^� 1 1: R'1. -0. +��t 5f�'jti lT^'. nn+,r �h,� n� 1.fNT it {/•'� rtiS ���1�%�. .. ,..�,5 d:�i, 43:".�r..:�F1.`�t in.:e. �:$.; ..r.-y11. c.. •rr<:: •_ ... ,-.. Gh• 13:02 DA TR I HHU_ I M-UWMH I A LAN J%a I- - .— __ ,: AIFW_�=W. TO% u j= A As% 7 Mml! zj I.T, ARA it Sul N.. ;V21 RIM rVI 439m;g Alld S w.. .- �46mbu& VT do ldz 0-liArMs"Ads• elmft&Z to me me mm JON A. Qr2marr . .4 ".. ,WIIN..mm.W apow eammum lW art NMI -*Now nd am IWrjg b""4 7 SIMI amolbo.% amdrolA Imll I *WP a bar d m bm bw wA U*k"L of VM a A 'Add "d am_ 3rd aw law .bg;a 6.likm D"."lp Or 1"0 V."a 'IT 0 11 06 13:02 DATA TRACE i ^FUd'ii I :tlt 33 ww Led-179 Wit 1t ALL fit. o> test: rlepf:m ua 8uua !sear ...'.... sadLm %Xw oft !u"i law " r GruI.R hi of ila.dw N do, Ir by a ea augot* *9aa a goo V toad Mid, e,wisl at"4 : oak" a par. do, a.ntr Gnat ad erev war tfe apxbk Or a 1S0171Lk. •. na., GP Gad K .algae . ra►- rytaat .sd nets.% ei t d ear ha .Gaps Toad ner aGa spy W taraal,tt � Made ebaaM 4 CawtT, F1r�M i.p: efa 3j of t!s tit} of as a} r n. P} st t.aa.. *. IWMMD W a..tY . tl lsati wale "t of tow List a atail at %ask ILL] task edM, at. Mo tagst sd ail O 61 cast dda . Us xmt gdi dt K 11411 trio stta of na ow" bar. eriket tv6d of Imatr aadairtat 0.63 Gets, mrs or %goal AM, A rtdt at "I u Oreastt wage ad 00 "a 1% at who B'4 at tat I wa{ ttts bi a this1* at Ot 30 or Uottes J�{t�"S�G..rty �0 $M*. !w4 I� yaks watt rtakt at sq ballad a sttto at loot kt cat Bids ad lbt R7t VA, iy •- 76.33 took aids so the Bast adi act at Ns lwata oils at ska am" dopamr1 t trout at lasdl match%.[ Fact .eras, go" at laaa. d, /# 1 s TIP 11.1N'r..ASD TO IIOLU he Ube w , aid Grantr< tad its j.4,IA 1 tba, rat the pent in rni.e u�.m >.Id lead end etRertmet anal a.iei.in , pwblla te,d IlaeNa, nll at wet rag e,la I,sine ibis to eM niher ieridxin .116b tte Wahl,, met- d,.b gw.•dq It MgTtaie in eou,eehan 1h.remck nnll il., h" vilb innwwaily note It, u.f O,aacca:h q an oAt r lndsa tv as 0"41 .' .... ,...�. ... ..{.inew , hoar rm+iae wet( .84 'ewhMw tim and/w aatte-faom 4 IN M1,4iz) a'=Tet?'nF the One.,xn here trta-aa.e A%" tK.11 ea.{w WA _ev� vas ,lay „r ✓. DEC- 01 :33 DATA TRACE IWCFMTfC*1 3:3 (; ILm (,^�, gun d•tt r;rt L VI VJ /% •01 T�17a Kt:.•1.- ... 954 SGI 'f4C7 WK •� __r euaY7t�lMOt4LV ffrr W Y.Il. w tw o M t>• lab ionwlM • d n4 wwlM Ja twgdy 1awrN d tdN>rtr +•.- DIY 11, wa 7 N1cLartl•'l�rwR .' .. _ .. f.w• YrW .d 1a'.—Yr.'./uW M/ w1/ I m y m —b-4 rlsl�Yiy' r., 4 w},loolommo ny tY�,t4 rrl.Pl said W ►t' we to f Iirnir.a,wt�itt. i w tow r w IPA W aw rlYdr ern MI JAW W Qidal WI tW .-.-`1L& ..Iy i .. *Atli .. IrWI nW ■ W h! v. 4M1 w11b4 L�.wli , HI reMw wlbwi OKi+nP.! !lI 11�C t1. &I _ � ya r 1-4 i� Op r I DEC-LS-2006 13:23 LATR TRACE IhFCRMATICN 33 554 r� ® 808 me 51 I'-196'Yr7 ItIOU'r ua WAY O nEn ILI% INDENTURE, made attJ b tRe into this Mc day of "'�"' �,, A. D, 1a5:l, ty :+nJ beCeeen CYRiI. Q. L:ANDRl:y U Sato of Florida e t ANDRE'WS, husband and wife. of Dsde CaUZI parlles of Ne flri Tart, nad the Ct; Y OF DANIA. a munl- c4 al :.•rtvrntlon of the State of Florida, 'who8e stWmta is City 1L•Ul, DanL�, lirowar0 County, r Inrld:,, F...rty u( Ur 9Vc.m.i l.arL wld«n WHEREAS, It la l.rol oced l•y the I arty ,rf fttc seen ii part to Iuants, acruu4 liu /and;; of thrintl �trties f the first S a rt it liimr iMAfbllct r descriibea slid, dHEREAS, It is ttecessnry that paid public street Le located Ind constructed over the 1wids of Lhe parties of Lis first part, In nce-rdwice with Fdut• Indu.- svay ,f ::dd public -trett ofrer Bald tnra NON, THEREFORE, 4nlN'x.a"RE•17t: "ihot f•:r •u,J In coa::Ghra tin 41 th+ "Lm of One D•:,INtr (.:1. C@), and usher WW .utd valuable e,aaltivra- nl`'ons Paedid W the I arty .f the seat-nd Fart, Ne recNFl thereof !s hero(ry a.k- 1 , the said µµirt:rs •,f the first par, d, by these ; rrcents grmt. bar•)ain, :w;l, rem:.ne, ralradV :mJ Wrvvwr ;•ltcfaU.: sr.t, 'hn . ald r..,rty ,,f Line s._:s,t 1•3rt, ita su:cr.s:::ry aAJ avblgns fdrevt.r, th:. fclic:r4tq tleccri6cd I•c�•la ritu•d', iyinn aniF h•1;nn in cr-•.c:ud Court,,, Florin+, to' wit: 'ftw North 'Chtrty(30) feet of the East Ralf (E 1/•a of the Nerth•west Quarter (NW 1/4) of the Northeyt Qoarler (143 1/41 of the Southeast Qmerter (SY 1/4) of Section 3d, Townsh:y uo South. Rsage 4"- Eaat; 03 The North Thirty (:IA) feet of the ',West tiyif (N lr[) = "if the N:>rtheast Quarter (NE 1/4) of the Nortnea:;t `3uarter (N8 1/i) of the Soatheast'.Zuarter .;f Section 44, 'l'o'elWdp iT�e •twat Fifty (F,CI feel of the East 1'al!(r 1/^) to N'rLhaest Quarter (Nei 1/4) of the Nurthe,:,t of SQa Wm i4. TovT=IF South. Ran g•e.- i:1and t; The 'West Fifty 15C) feet of the East Hail IE 140 of the South -Rest .?framer (SW 1/4) of the Northeast J.vvter WE 1/•U of Lhe Southeast Quarter (SE 1/51 of Sc-_!1cs 14, T^+n+shic 50 South, Range 42 Enst. _O RAVE AND TO HOLD the swre unto the said party if Hie sacon4 i net and to IL4 uctlLtd. f or ver, together with the right W enter uFan :yd lams ,Srelns, ditches vtd other lncldentse Which l �ereao, �` with all such 11L,cuts, •Jeem necessary icit• Y the seec:ul gnat taay +1'y or eanvenlent In conaoetloe ,iherewith, an0 together with unto the .ald party of tha ::¢rand part:rom a1 -itilics or 1P•- :�EC-15-20W 13:03 34;7A TRACE It•-MOAT1ON 33 954 321 7429 P.08i09 ® 808 ma 52 to the eontinguous landa of the parties of " ".rat Prt, If any. artying from Out of such construction and/or mdateaaoee. IN -mmr 9 W88REQF, the said parttes of the flrsl part have nereunto act their hands and wain the day and year &St above w ltfati svped, Sailed and Deuvered gy In Lna Presence of: `11s EALI d d"." it�'SM:ZA UAW a,.G14 N W� STATE OF FLORMA f ss. COLNTY OF ;IA 1 I H112EBY CMTIcTY that on this day before me, ut officer daly gvaul7ed to take acknowledgMents, per&xwWHy appeared CYRIL q, McMDAZW'8 and WCANINUM. husband sad wife, to me (mown to be tg persons described Is and a4o executed the foiegotny ;cy trumert and they acknowledged before me that they executed the Garde. Wr NESS my hand and ofAtlal seal In the Ccunty and State afcrsald this 30th_ day of JATA" . A. D. 053, R ,.rn a ruseu oec, OR ba 4Jobl rage Ao9, Page 1 of 5, Recorded 02/05/2007 at 03:58 PM, Brovard County Comansion, Deputy Clark 1923 MAR 1 4 2007 y I 07-P3.C2-04/93 This instrument prepared under the direction E q. //J� , i , Lauricn C. Mayes, Esq. �/ Sketch & Legal Description Prepared by: Calving Giordano & Associates Ina Document prepared by: Grace R. Abel (10-19-06) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. N/A Item/segment No. N/A Section No. 66030-2506 Managing District: 04 ' S.R. No. A-1-)k County: Broward P;RPBTUAL I4Aal'Kg" THIS BASEMENT made this 2101 day of Fri+w'+�f by TiiR ARACON GROUP INC f/k/a -Dania Pale`—w; 200�, is successors and assigns, grantee, WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and ocher valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a mast arm signal pole in, over, under, upon and through the following described land in 3roward County, Florida, viz: (See attached sketch 6 lecal description) TO }LXVS AND TO H010 the same into said grantee, its successors and assigns forever, and the grantor will defend the titre to said lands s gains[ a.1 persons claiming by, trough or :Lnder said grantor. =N W:rYESS WHEREOF, the said grantor has ca-used t.`.ese presents co be executed in its name, and Its corporate seal to be here.mto affixed, 'oy its proper officers thereunto duly au=hcriaed, :he Say and year f '.rst a'Live wr.tten. 1.7 ..'ltrJ Fnur .0 y,l 01 ',V.,y 'V cliruTcmial &wfc'ard R. Laaderdale, Florida 33309-3421 Descriptioa: Broward,dL Oocuaent-Book. Page 43561.353 Page: 1 of 5 u -Ae r• af.c coament: CRi / 1068L1582, OR HK 43561 PO 354 Page 2 of 5 ATTEST Print Name: Its Secretary Signed, sealed and delivered in the presence of: (Two witnesses or Corporate Seal required by Florida Law) Print Name:- .. ♦e'ene Print Name: d1 �}11S�fnePdl� STATE OF FLORIOA COUNTY OF SROWARD The egoing instrument was 's- . 200 4 produced identificatior THE ARAGON GROUP INC.f/k/a Daa_a lai Palace Inc. _ K a Monro O�erat i-w Co Inc., a F.orids coroo-aticr. By: ti Print Name: pj,A,9C. Its ldi, /W- y�F • (Corporate Seal) this W— on as wuxawmt �1t6 a1{A � Print Name: Z,'//;may„/ %Otary Pub is in anal for [ e Co'S ty and Stzte last a`oreeal@. My COI-missicn nJ(71r09: Stria; tdo., i_` ar.y: ..ca:r. Csp:uYr„.a:; n.:. u",ma '" Iilyil of W 3400 W. Co�cial 2� Ft. lrt:Cerdalo, Florida ::anon -3J21 riptioa: Hr Jw ICd .-Z �oc .::unt-Jook. Page .1 cedar: mist C� 51.353 Page: I ..... . „a en gJ301 PG .AS, Peg* 3 of 5 LAND DESCRIPTION 15.0' x 18.0' MASTAFLM EASEMEN f CANLA:AlALAI PROPERTY CITY OF DANIA BEACH, BROWARD COUN-,Y, FLORIDA A potion of the East Ore -Half (E.1/7) of the Southeast One -Quarter (S.E.114) of the No 111=9 One-Q:arter (N.c.114) of the Southeast One -Quarter (S.E. U4) of Section 34, yi Township 50 South, Range 42 East, Broward County, Florida, more particu:a-ly described as follows:: +i a COMMENCE at the intersection of the Eau line of said Eau One -Half (E.1/2) of the �! Southeast One•Quarter (S.E.I/4) of the Northeast One -Quarter (N.E.1/4) of the Southeast One -Quarts (S.E.1/4) of said Section 34, with the Noah Rightof--Way line of Dania t death Boulevard as shown on Florida Department of Transportation Right -Of -Way Map for Section i No. 96030-2506, Shea 2 of 4 and last dated October 7, 1970; a THENCE Westerly on said North Rightof--Way line of Dania Beach Boulevard on an i assumed bearing of South 89°1828" West, it distance of 46.84 feet to the POINT OF BEGIN'NL*IG; THENCE continue South 89°18'28" West on said North Right -of -Way line of Dania Beach Boulevard, a distance of I8.00 feet; THENCE North 00°4112" West, a distance of I5.0o fees; THENCE North 89*18'28" East, a distance of I8.0o feet; THENCE South 00"41'32" East, a distance of 15.00 feet to the P024T OF BEGINNING; Said lands lying in the City of Duda Beach, Broward County, Florida, and containing 270 square feet (0.0062 acres), more or less. NOTES: 1. Not valid without the signature and original raised seal of a Florida licensed Surveyor and Stapper. ?. Lands shown hereon were net abstractod, by the Surveyor, for nihts-of-way, casencnts, ownership or other Ms;mments of record. Florida Depa:unent of Trwporonoe CAL v IN. G:QXOA�O A ASSX:A]ES District Four Right of Way . cro ail::, a.... S.,•u ex 3400 W. C-om:nereisl Bnulevard r."e, !gn IS +,.,ate Ft. Lauderdal e. Florda 33309-3421 P'P±�mnlOUevA!d�Cams;,, A�iciU's Va0i1`tq.: C„�n,nan•U IWL v.S,"Ai 711.1, ew Sheet I of 3 '.:j Jracription: 3roward,PL eocu.-aent-3ock.Page 43561.353 Page: 3 of 5 Jrddr: sija Camrnent: CFN A 106811682, OR e:{ 43561 PG 356, Page 4 of S 3. Bearings are based on the Norh tight -of -way lilt of Dania Beath 3oulevard having an msu.•ned bearing of South W!8.28" West. 4. Ir.forma:ion shown hereon does no: rcpreseat a boundary survey and is based on the data contained in the Public Records of Broward County, Florida and the Florida Deparnn//ent of Transpormioar CALVp4, OIORD'LtiW4/ SOCj kTES.1NC. Q, rroresstonar Surveyor and Mapper Florida Registration Number 4479 •,,,,,e ey: Florida Deparement ofTn Vorration CALI IN_14AV,.o a nssoccvte; District Four Right of Way i1w er,., 5„ ",< w 3400 W. Corrrmetritl 11—. 3l116 a:W6 8a d,,,d Ft. LudenLf c Florida 33309-342 t S4ecr 2 of 3 Bs scr ipt ion: Jrnward, PL C,c—,er.C-3oak. Page ..1561.353 Page: 4 of Order: misc Casr.nt: CFN P 19581.682, OR 8R 43561 PG 357, Page 5 of 5 A SKETCH OF LEGAL DESCRIPTION 15.0' x 18,0' MAST ARM EASEMENT or;ion of East One —Half (E.1/2) of the Southeast One —Quarter (S.E.1/4) of the Northeast Ore —Quarter (N.E.1/4) of the Southeast One —Quarter (S.E.1/4), Section 34, Towrship. 50 South, Renge. 42 Ecst City of Dania 5ecch, Broward County, Florida I I� I� J QaAPNICRIWA.j 11eY SlI0.� ) 'y /Y O T.d' WS1'ARYa CA$(AICNt\ I SOUTH PROPEATY —NolTH RIo1T-Or-WAY UNE OF DANA UNE OF DANA KAQs PR E T'r FLORIDA DEPARTYE4r Of TRANSPORTATION Rlplr-DE-WAY NAP SECTION N 66030-2105 WIT 2Wa DANIA aEACH BOULEVAR SOUTHEAST CORNER OF THE EAST CNE-HALL Of ME SOUTHEAST ONE -QUARTER (SCl/4) Cn THE NORTHEAST ONE-OLmTER (N.E.1/4) OE :HC SOUTHEAST ONE -QUARTER (SE.1/4) Cf SECTON 34, TCM SHW 50 S.XN. RANQE 42 EAST Florida Depwtt=t of Transportation Ft. LaudcFlorida 33309.3421 Dania Jai Alai Property City Of Dania Beach Broward County, Floria d if F 4 11 J Daacr2pt:oa: 3rovard,7L Docua:aat-300k. Page 43561.353 Page: 5 of 5 order: mlac Cccaeat: 68- 765U7 'F•36%FAU-503 RELEASE OF RESERVATIONS NO. 5454 BY CENTIUL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT ON LANDS DEEDED BY TRUSTEES DC TILR INTERNAL IIIPROVou%-r FUND WHEREAS, pursuant to rho provia Lond of Chaptur 14717. Laws or Florida, Acts of 1931s and Chapter 20658, Laws of ►!oriel&, Act& of 1941, Chu Truutuua at the Internal Improvoaant Fund of Cho gran of Florida war* relieved of oil afflelal duties is connecting, with land, within Cho Everglades Drainage DLatrtet, and s new Board of Co®,Uotaners of said District was provided to administer thv affairs of Said District, and to sssune all the powers here. tofore exercised by Cho said Trustees In rho conduct of the affairs of said District, And WILEREAS, Central and Southern Florida Flood Control District: was created under and by virtue of Chapter 25270, Laws of Florida, Acts of 1949, to operate and be governed accord. ins to the provisions of Chapter 25209, Laws of llotide, Act, of 1949, (Chapter 378, Florida Statutes 1953), aid WHEREAS. Pursuant to and in coopllanea with Chapter 25420, Laws of Florida, Aces of 1949, the Ward of Commaisatoners of Everglades Drulesge Oiatriot has offuccud the crane. for of all ruservaclana hold by said Stied and Hittite ro Cho Content and Southern Florida hood Control District. NOW, THEREFORE, KNOW ALL NEN BY THESE PRESEWTS, that Cho CENTRAL AND SOUTIRRN FLORIDA FLOOD CONTROL DISTRICT, a public corporation, in compliance with and by virtue of Cho authority to it waited under the Law* of Cho Scare of Florida# and for slid in consider- ation of the sea of TEN DOLLARS (110 .00), and other valuable conaldssatlons paid by RORIE SHITII, es the cola surviving administrator of ESTATE OF J.T. SHITLI, &low known as JOHN MUMS SH1TH, deceased, t/n Merge Weldon, Attorney at Lou. Carla Bank building, East Beach Boulevard, Deals, Florida does hereby release and discharge the following described land situate to Droward County, Florlds, said being; Eej of the NF.Ia of the NE% of the SEA of Section 34, Township 50 South, Range 42 East. Drowsed County, Florida. CA m W t N co fran the following rights which were teeurved in Dead No. 4842 , dated June 15, 1926 retarded in Dead Book 127 447 page , Bruverd County, Florida, public recordo, by rho said Trustees of the Internal Impr ovemenC Fund of the grata of Florida, to wit: Soviets and reserving unto the said, the Trustees of the Internal Improvaoent Fund of the State of Florida, and their successors, the right at any time to enter upon the laid land* and make or cause to be made and constructed thereon such canals, aluies- ways, dikes and other works as may in the Judgment of the said Trustees, of their Iuecassars, be necessary and needful for the drainage or recimeaelon of any of the land* granted to the State of Florida, by an Act of Congress, approved September 28, 1850, and to take from the said Land@ hereby conveyed and to use such gravel, atone or earth as euty, in the ]udgmant of 0sa said Trustees, or their successors, be naus- aarY to use in the m- Ling and construction of aaid canals, lilts, Flu Lco-way&, dikes and other works, upon said lands for rho purposes aforesaid, And further savirg and reserving unto the said, the Trustees of the Internal Improve- ment Fund of the State of Florida, the right to the exclusive possession, occupation, use end en Jayment of a strip of land running across the above described premises, one hundred thirty feet on adch tide of the Center line of any tend, Cut, slut -,-way or di'sn tilt ray he cads and constructed on .aid lord by the to L.! '::.u•nas of tLa r,ald r. n, ':.� ��....•. .,. .: ^.::a a. ;, n or ;:he •.ir<�r. , ;v, 'i:r tin ;ur;nt,, r -Jell r.d ..x�l �e t1i,t t, t•<a, ...11, dtlp de of ad mJoy any lithe-, :ar[hr dated, rock IV ravel 171n1 in Or ,;ran �u',•I K:lp If l.md. Ica IOIa )Ja A, I" _nr.ywy„r ,j v r lwx.r. hest J. rl.d C...r.� 1117 Cl.nl`rF r f`1 MAR 14 2007 planning R�partment ,.., N4 )k ej ,rr•.. Y.9r ��tt•,,'i. ' y,' SYai IN WITNESi WNLREOP, the CENTRAL AND SOD111CRR MRIDA MOi CONfR01 DISTRICT has caused ehaso presents to he exeeut+d in lea name and its Official saal a!l3:od Mroto ►y lrs Cewarning Board, acting by theCha lrmes of as id Board and atta atoll ►y itsSecretary, at West Pala Beach, Pala Beath County, State of Florida, this the list day of Juno , A. D., 19 60. CENTRAL AND SOUMRN MRIDA PLOOD COMOL DISTRICT, BY ITS COY M"a BOARD .lye -...... �Chairasa ATTEST[ Soe ,scary STATE OF PCORIDA ) COUNTY Of PAI.tI BEACH ) I HERESY CEMFY, that on this the Ilst day of June A. D., 1968 before me, the undareignsd authority, personally aPpaared Robert W. Padrtek ad O. E. Wit. Jr. ely of the CovarnLn Board of C r Chairman pa eM 9DISMey, aPooctivm ly, i ANTRAL AND SOUTIaha legislature ure o 194901, o2ows ka , a public corporation ersotod by the Aers of the Florida Leglatatua of 194f, to me Itmesrs to be the persona who signed the foregoing tnstrument as much officers, and acknowledged the axseutieq thereof to be their free Oct and dead to such officers for the purposes and uses [hereto motioned, and that they affixed thereto the Official seal of the Governing Board of Central and Southern Florida flood Control District, and that the said instrument to the act and dead of said CENTRAL AND SOMWILM FLORIDA MOD COhTRDL DISTRICT and the Coverning Board thereof, WITNESS my atgnaturs and Official $eat at Vast Pala Beach, said County and State, the day and year lest ef,r,,,Ld. ,croft Stirs d ft anuA :r 1.H 1!I Cosnle aSnn Cap Srxe: er tmrunLcn !vats met tr, 19N rca ram+ roes nu notary Public Arc-.., ... ... ..... Li =:t Ili r + La FM I R4.0 A. rUl ". t ` rr TM Q A. A 1"JL bT .dare= is City" Cadly nee.ss ciiiiw% 7WA4 Patt are*' WMWe It is it ON" W to party d tbt aesttd It is lmst% lodenswulapme food ww ma W8P,htE % A 0 ttaeaasiry tttat WU pusiis strNt bit tocaW end etsa strucw'.»r *A loads at *a patL d teat Gast paste Is aeeaads"vtm Plat 424 Mwy W oid PA tC Mwt ovw mid haft Yr• ww.a�r►U�.oi....or .P.r o�9sal1 �{{.r�.ra. taws tmwor4tdtelaimmlodN psttyeE sanadoV%Its wres aws wad sasign torwar tbs bDoahsQ dasGibed lssds sttastae binq and bdnq is Srosard Candy, rrlortdy wvltr The Ved m L rl an"M fl. d Mots to !t G wad 4v ad go Ammood lands I=wt 1J1ay d balm i lro.a:d Cowe#ye 14slI� TO KAV$ AND TO MOLD em semi =to tW mud PZ V d ms macaad part ad to tts MAWA, tcravar, togvhw r41h. Ow ri*t to .ahr vans said heeds sad cauWat sadmatatdaaPabuestraattbsraoneVU% VA*duet Cabe4rdaa.4ttelteased otpor toeldaata rblcb tbs parbot bs saoaodaat man dwa�ure erea..r�r...e pt.rt.u.>Irharfaiaqlswsoal�d�'AtaarCl'argOraed/bTa►Wdrs w.� ...•• At 1fP14M Wipl CWG *A sold pssft,_ of as tlrst pat ul! ban - =to sot AMU_ bud end ash tbs dyr and 1w 4rat abg" vritt4a slgk4 %" od Dsuvard rn a .smcs at; fir-- sLW 1 �-- suy ISZAU 37A : E OY • _ Ccum 1, 1 ROUT CiA'h'17T tbai m tLSs day bafote >bs as amoar d� n:d a tap selaovyducmals. oorsooallr soeaaraA IRIII�Lt T. II2 Lt a ma solo+a to ea 7a ��,�, rtneaent mad '1bgLac�o'+1adVsd bolas.the ly'L� sfIl = my bawd wad Grftw smal.ic eta Cooaty act $tab 11.ot 'go", 'r, e1G Ma i:e OaY cif f f - i t� is ffflwjqs� �p Z,T uF 'F LOF?IDF 78-220728 LiOCUM[NIAfY.:.: ?J1.NP IA: TN, Inewem„ y,r nyy,m S C V� Ml rll:el n ?I MELVIN L MWIWI• Mhm,q x 0, 3is L L iM ArwN,. x.,.,. RIGHT or WAY M MOW ALL MEN BY THESE PRESENTS; That KELVIN I. NUROPp, individually and as Trustee, joined by his wife, GLORIA KME;rr, in consideration of one DollaL ($1.00) and other good and valuable con- siderations to them In hand paid, receipt whereof 1s acknowledged, do hereby grant and convey unto the City (If Dania, a municipal corpo- ration, as Grantee, and its Assigns, a perpetual and exclusive right of way for public road purposes over and upon the following described lands situate in Broward County, Florida, The seat 35 feet of the east half of the southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Towrahip So South, Range 42 Cast, and The West 35 fast of the Southwest 1/4 of the North- west 1/4 of the Southwest 1/4 of Section 35, Township 50 South, Range 42 Lost. LESS STATE ROAD RIGHT OF WAY To have and to hold the same unto said Grantee and its assigns, together with the right to enter upon said land and to construct and maintain a public road thereon, with all such fills, cute, drains, ditches and other incidents which the Grantee may deem necessary or convenient in connection therswit):. . IN WSTNCSS WHEREOP, the Grantors have hereunto set their hands and seals this Sth day 3 of October, 1966. Witness: /,i,./•, �:'/: v _LJ�, ;��.i /•�:.ii ✓afar) -'7V ✓�' r MELVIN I. Nnorr, 1 lly ,i/�-• •, and as Trustee - f) , 1 • CLOR ZA NDROPP ..._.._ — STATE OF FLORIDA es; • CQJSTy OP D.-,DC J � ! BLPCRE M, the undersigned authority, duly authorizW to _ administer oaths and take acknowledgments, personally appeared -%RLViN I. MM�ROFP, individually and as Trvstas, and CURIA NDROPP, him (F. wife, both of whom are to ma, who, after being by am duly swore, acknowledged that they executed the foregoing Y^ Right of nay Oead fpt;', the purpose [heroin expressed, a SWORN TO AM SUBSCRIBED BEFORE NE, at said Couity this 5th day of October, 1968. -_LOGO. c .•.I;s:.L,� �/ • .�ry:,"�y r -. •, J ary . . `• a Hot tic, state of Plorlda I at Large i . J W126299 E A S E M E N T Zx October 4 1983 City of Dania, Florida, a municipal corporation under Chapter 25788, 1949 Special Acts of Florida Dania, Florida Dear Mrs: 1n consideration of the payment to us of $10, 00 and other good and valuable considerations, receipt of which is admowledged by the execution of this easement, we and those holding by, through or under us do hereby grant Lad give to you and your successors the right to Install, maintain, llilllllllltllil repair and operate an underground storm drainage system including, but ,< not limited In, pipes, mains, fittings, couplings, valves and the necessary ,",', apputenances for such purposes; also, the right to clear and keep clear W o such obstructions from the surface and sub -surface that might endanger the oa e proper construction, operation and mainterunce of the said system on, In ttr and under the property more particularly described as follows: 0 Beglrmtaq at a point Located 30 Scot north of z the south line of the SE} of the NE} of See- 1 tioa 34, Township 50 South, Range 42 Fast, Broward County, Florida, and 308.50 feet east of the west line of said SEA; thence, run l northerlyparallel with the west Ilse of said j� SE} a distance of 640 feet; thence, run i 1 1 o t 1, 15.1• northeasterly by a deflection angle of 80" to the right 180 feet, more or less, to the shore- �° line of a proposed lagoon and the end of said centerline, together with the right and privilege to re -construct, Inspect, alter, Improve, remove or re -locate such facilities within the above described property. In the presence of: yyjj�� t/ GGa ii7 �Ja{t-iM`��`E. MU W�(Seal) ✓ 4F n P ypoi.u....Lt_tseall DORO' L MURAWSKA :/. ;,.v..d by eat+LY a+ta rv6°°a eAdroa . wd jj a mid D.,bw, ,71 r01 °1 Lt n". u: A.L. 7;n f° t r , t t :z:._. - .,.a. M a M MAR 14 2002 Planning D2partmalit STATE OF 1LLD1013 COUNTY OF COOK 1, a Notary Public in and for the county and state aforesaid, do hereby certify that before me personally appeared WILLIAM E MURAWSKA and DORO= L. MURAWSKA, husband and wife, known to me, and ac- knowledged the execution of the foregoing easement for the uses and pur. Posesthereln expressed WITNESS my hand and otdclal seal in said county and state this day of October, 196& otary Public My commission expires:.11P,17r ry � d;lf FLORIA ,� rU;. ICI I;Prf r, F'An : 1111• 79-288545 RWOISIOftwo 1158-6-120 ER Na Pole No. 0 0. S 51EASEMENi' l'. { {a rbRFrnix `i!OWL This Irtstasr ere t pretared "'- A:ss Prsg I -A. t Pf /�/{try: Ll.l\Wf1Wal. E3633= C/O Fin; g,1''c.,y; u9YM � Section r p. O. L4v. 2147 Township Firllyr QZ4 Florida 33021' K*Mat 9 4A 79 August 9 19 79 MAR 14 2007 FLORIDA POWER • LICK COMPANY . ST� LORIDA i docum N A Y -. STAMP fnxl Miami, Florida R.M.a .aft furl I fLORIDA P IIGIIT COYPIgf F ; C F13 01 -son Planning 0.11 1 RIL Gentlemen: PO.00c5.m i 1 Department NUNI, FLORIDAII 11052 The undetelgned, owner Is) of the premises described below, in consideration of the H Payment of f1.00 and other pod and valuable consideration, the adequacy and receipt of which me is hereby Acknowledged, grant ►nd pro to Florida Power ! Light Company, its licensees, agents. H sueemetrs, gad asdeln, on easement for the construnfon, operation and maintenance of overhead e and underground electric utility faeilkics (inciudlne wirm per• guys, abler conduits and -Vs appurtenant equipment) to be Installed from time to time. with the debt to reconstruct, improve, -- add to, enlarge, cluoup dw fee of and rumovy such facilities or oily of them. on the properly N dit s0 act vl a portion of a parcel of land in Section 34, Township 50 South, Range 42 East, more particularly described as follows; That pact of the S% of the Wit of the NEk of the SEk lying NorLh of the North right-of-way line of State Road AIA, and., That part of the S} of the Silk of the NEk of the SPA lying North of the North sight -of -way line of State Road AIA, lees the West 50 feet thereof. Said portion being more particularly shown and descvtbad on Florida (over) and, to the fullest extent the undersigned has the power to grant, if at at% over, along ad under the roach, streets at highways adjoining or through said property. The following rights are also granted to allow any other person, firm or corporation to attach wires to oily facilities hereunder and by cable and conduit within the right of way and to operate 1119 am for commwtkations purposes; to ingress; and egress to sold promises at an times, to clear the land and keep It cleared of all trees• undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and out all dead, weak. Inning or dangerous treat or limbs onside of the easement area which might iaterrcre with or faR upon the lines or systems of communications or power transmission or distribution. IN WITNESS WIIEREOF, the undereicncd hayesigned and x,led this Aumut 9 , 19_79 _. rat "ws,- y„rrf u • . a `tit iw. •........ . -•'11%1" (Corporate SCal) UAre OF FLORIDA .uocawrtw or BROWARD DANIA JAI I P CE INC. By: r ny er, egesi aH Allcf l: • , SECn4 � Y F✓�ft Cis 1i- a CJy I I HEREBY CERTIFY plat before mc, pcnonally appeared Stephen F. Snyder end Ouep p, Ball Danis iS. I d tt;iS d o d �.+1 -ta a{ w i i :n, : niueu :d 1... ..ct +red'. .L.,... r, �.. My C5..1lnliwCl Xpircl: I ,1*1MYPAID a{oAuwra Ngaaryp,Statooaak a"ISSIOHUd 1" rt sou ,. i U raw CDVA Ile. talalwtl rats FORM IrafA l 1\.. � UY:p111111J,$INtaq .M ... ...:.1 :M I,,.o 1.9n arAr� CaL eta, /r. f iONCON I IwTA,d P1190 Tli A F CROWIEY 1 1.1.1 h+l4.n].u➢. �'CC 1. GO✓G if/(�Va✓l1�i/,1 1 a6si✓s I 7� rsllw /�iNYt %a2'sykt CF rteey'�Qu�l...a —_ AM rzoado�e �ORGG .� � ---- i0.9` I '%•f['�c.r! (.aft /'�(1i?11% NEB✓o�iE�; o�S,•t(.io�s 347J � :"lotO nI Till OFFWAL K x, . .yi,. B1lW�RU •Vunir. FIC.VG GRAFW4 W.WATt --.. . ----• .n nn JOV23 Fag@ 1915, Page 1 of 31, Recorded 01/27/2005 at 11:09 AM, Brovard County Commission, Deputy Clark 1032 4) Attachment 1 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrk:Ws Covenants, made this 21:� day of �+ 200� by THE ARAGON GROUP, INC., dit* DANIA JAI ALAI, a Florida floe whore address is 301 East Dania Beach Boulevard. Dania Beach, Florida 33004, and SUMMERSPORT ENTERPRISES. LLLP, 3o1 East Dania Beads Boulevard. Dania Beach. Florida 33004, herefnaRer referred to as pAR1MUTUEL FACILITY'. for IM benefit of BROWARD COUNTY. s PdNkal subdivision of the State of Florida Laudar (ths'COUNTY"). with a post office address at I IS South Andrews Avenue, Fort Lauderdale. Fbrlds 33301. WHEREAS, PARIMUTUEL FACILITY is the fee We owner of that certain real Property, located In Broward County, Florida, and legally described in Exhibit -A,- attadtad hereto and incorporated heroin (the'Prgwry ; and WHEREAS. PARIMUTUEL FACILITY hereby Covenants that PARIMUTUEL FACILITY Is lw**Al l seized of said Property In fee simple; that the Property is free and deof aA encumbrancas that are inconsistent with the teens of this Dederadon; that PARarIMUTUEL FACILITY has good right and lawful authority to make this Declaration; and that PARIMUTUEL FACILITY agrees to fully warrant and defend this Declaration against the claims of all persons whomsoever, and WHEREAS, in the November 2004 general election, the residents of the State of Florida voted to adopt an amendment to the Florida Constitution so that the residents of Broward County Could vote at a referendum election In order to decide whether to authorize the oPeratkur of slot machines exclusively at existing licensed parimutuel facilities located in Broward County, and WHEREAS, COUNTY and PARIMUTUEL FACILITY recognize that each entity is concemed with the health and general welfare of the residents of Bruward County as it relates to addition of slot machines within the PARIMUTUEL FACILITY; and L2t�223 12 J MAR 1 ; 2002 r:li"iii:t?ll� .^a3crtpclon: Brows rd, .L Doc•�-ceat-gook. Pegs 33953.1915 Page: 1 of 31 OiTn t 104679579, OR aft 38953 PG 1916, Page 2 of 31 WHEREAS, COUNTY and PARIMUTUEL FACILITY recognize that each entity impacts the health and general welfare of the residents of Broward County, and WHEREAS, COUNTY and PARIMUTUEL FACILITY recognize that the residents of Broward County have legitimate concerns over Increased development, traffic, crime, congestion, and the quality of [If* in Broward County; and NOW. THEREFORE, the undersigned agree and covenant to the following: t. The recitals set forth above are true and correct and are incorporated Into these restrictive covenants. 2. In order to assist COUNTY In offsetting end defraying governmental Impacts, including but not limited to, the coats of regional law enforesmeA human services, mass transit operation, and b mitigate lost revenues such as port fees that COUNTY will Incur as a result of PARIMUTUEL FACILITY'S slot machine operations In Broward County, PARIMUTUEL FACILITY agrees to pay COUNTY In accordance with the Agreement (hereinafter referred to as 'Agreement) entered Info between COUNTY and PARIMUTUEL FACILTY, attached hereto and made a part hereof as Exhibit'80. 3. COUNTY, through its Board of County Commlesloners, its successor, and assigns, Is the beneficiary of these resMcWe covenants and as such, BROWARD COUNTY may enforce thew restrictive covenants against the Property by action at law or In equity, including against any person d persons. entity or entities, violating of attempting to violate the banns of this Covenant. 4. Any failure of COUNTY to enforce these restrictive covenants shag not be deemed a waiver of the right to do so thereafter. 5. Invalidation of any one of thew restrictive covenants by Judgment or court order shall in no way affect any other conditions which remain in full force and effect. 6. This Declaration of Restrictive Covenants shad be recorded in the Public Reconis of Broward County, Florida, and the provisions hereof shag run wilt the land and shag remain In -fug force an effect and be binding upon the under3lgned, and their heirs, legal representatives, Personal representatives, grantees, and assigns, including any person or entity taking title to the land. IN WITNESS WHEREOF, PARIMUTUEL FACT ITY has executed this Declaration of Restrictive Covenants on the ,?I-"" day of Y005 :, script.!-_. 3_^wan3, FL-accc•zat-3ook. Page 33953.I915 Page: 2 of 31 CZN • 1G4579579, OR RK 38933 PG 1917, Page 3 of 31 PARIMI_ �TUELFACILITY Witnesses (if partnership): THE ARAGON GROUP, INC., d Wa DANIA JAI ALAI, a division of The Aragon Group, ��" a art Gx.r CdJ rKMt Group,,Inc., a Florida corporation Yre) V(Signature)! BSY O (iuPrint name: f/SjA.t/TiNil Print name: Stephen F. Snyder Lf �a/T .r.e"7x Title: President Address: 301 East Dania Beach Boulevard (Sip ature) Dania Beach, Florida 33004 Print name•.42?jb2 ! a ,z or tl day of r 6 .20v ATTEST (R corporation} ��� (Secretary Slgnst us) Print Name of Sevetary. STATE OF ) COUNTY OF I SS. (CORPORATE SEAL) The foregoing Instrument was acknowledged before me this ae day of 2y by Stephen F. Snyder. as President of The Aragon diou , In¢, a Dania Jat Alai, a division Of The corporation, on behalf of the co Aor she Group, Inc., a FloridarporatioN partnership. He or e is: ( jPersonally known to me, or ( Produced identilfcatlon. Type of identification produced G1a,tAa Orr,~ r L.b..s. (Seal) MY commission expires: ',�,, r�rvl•�i�.�.a.ua 3 NOTARY PUBLIC: Pnnt name: 0e3criPi0n: Rr0Ward,PL Doc=nnt-Book. Page 39953.1915 Page: 3 of 31 CFK 0 104679578, OR HR 3e953 PC 1919, Page 4 of 31 PARIMUTUEL FACILITY Witnesses (If partnership): &d, AhR.r co (Signature) ,11 Printname61M ZCrA.4 )cFt96 SUMMERSPORT ENTERPRISES, LLLP, a Florida limited partnership By _ji.y.L (Signature) Print name: Stephen F. Snyder Title: as President of The Aragon Group, Inc., the general partner Address: 301 East Dania Beach Boulevard Dania Beach, Florida 33004 1/ day of , 2001' ATTEST (if corporation): (CORPORATE SEAL) (Secretary Signature) Print Name of Secretary, Mo,tesJ ACKNOWLEDGMENT • CORPORATIONIP RT► ERSHIP STATE OF ) SS. COUNTY OFX,rO�Gflt' ) The foregoing instrument was acknowledged before me th(sp;jl�y day of tl vain 20,iW'by Stephen F. Snyder, as President of The Aragon Group, Inc.. the general partner of Summersport Enterprises, LLLP, a Florida limited partnership, on behalf of the corporation/ partnership. He or she is: [)()personally known to me, or [ ]produced identification. Type of identification produced (Seal) Sly commission expires: r Ems" Iva R IDq 4 NOTARY PUBLIC: Pl .. D `r Print name: Do eeript Ica: 3rcra,3,!G DJIc=eat - gook. Page 1 )53. 1915 Page: 4 of 31 fc.?wrr 2197241 r-..m�enr• r.ea a ♦ueoIro,a, UA AK 38953 PG 1919, Page 5 of 31 Exhibit A DANIA JAI ALAI LWAL OtSCRX77roy 1'1@ E k of the Nei k of the NZ k of the SZ ki the V } of the yf of Cho ho St }k N& k of we SE k' ebo g k of the SW k Of Cho ht k ; tnd the N k of the SE 1 of the HE k of the SA Of Saecion 34, rovo@bip So Touch. Remo 42 Last 'ceettiaint 20 acres, ¢ore or las. 3ahjace to it perpetual' and azelusiva ..right-of-asy fur puhlin rrad parpnae� over and upon the following described land; to-vit: rho g .t of the SW k of tha NZ k of the st k and the v 4oC eba st k of the NE k of the SL } of 9aetien 5A. r(MMAhip 50 South, RAm2e.42 Last, @aid right-of-v@y being a atrip of )and 18.88 fur W'44 on the Vest and and 82,73 feet wide rr.'i the East and, off of the south side of the abnva dascri.bed tract of Land and containing 1,2E serum, more or lets (asid proper.. it Brevard County, klorida), :;oacrlPtlen: Brovnrd,Pt L011meot-30ok. Page 38953.1915 Page: 5 of 31 rl n�-r. 99A1ptJ r n.nm -n h. CFX 0 104679578, OR 3R 38953 PG 1920, Page 6 of 31 Exht B AGREEMENT among BROWARD COUNTY and THE GON DANIA JAI A, A DIVISION SION OF HEPALAI.ARAGOGROUP. INC. and SUMMERSPORT ENTERPRISES, LLLP REGARDING OPERATION OF SLOT MACHINES IN A PARIMUTUEL FACILITY 7i3crt Ptloc: 3.cn3cd,?L DOCLant-Book. Pages J8753.1913 Page: 6 of 11 n'ae: 239321A Cc=o nt: CFN { 104679578, OR BX 38953 PG 1921, Page 7 of 31 AGREEMENT among BROWARD COUNTY and THE ARAGON GROUP, INC., dlbfa, DANIA JAI ALAI, A DIVISION OF THE ARAGON GROUP, INC. and SUMMERSPORT ENTERPRISES, LLLP REGARDING OPERATION OF SLOT MACHINES IN A PARIMUTUEL FACILITY This is an Agreement, made and entered Into by and among; BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, - AND THE ARAGON GROUP, INC., dlbds, DANIA JAI ALAI, A DIVISION OF THE ARAGON GROUP, INC., a Florida corporation, the owner d the real property located at 301 East Dania Beach Boulevard, Dania Beach, Florida 33004. Bmward County. Florida, at which slot machines may be authorized pursuant to Article X. Section 23 of the Florida Consribfion, the operator of the parimuhW facility at which such slot machines may be authorized. and the holder of the parlmutuW permit iasued by the Florida Deparhnent of Business and Professional Regulation pursuant to Chapter 550 of the Florida Statutes, and SUMMERSPORT ENTERPRISES. LLLP, a Florida limited partnership, hereinafter referred to as'PARIMUTUEL FACIUTY.• WHEREAS, in the November 2004 general election, the residents of the Sof Florida voted to adopt an amendment to the Florida Constitution ('Amendment 4t tets that gave the governing body of Broward County the authority to hold a county -wide referendum on whether to authorize slot machines to be placed within existing, licensed parimutual facilities located in the county, oodified as Article X. Section 23 of the Florida Constitution; and WHEREAS, pursuant to Resolution No. 2005-28, on January 18, 2005. the Board of County Commissioners approved and authorized a county -wide special election to be held on Tuesday, March a, 2005 (the 'Special Election'), for the purpose of submitting to the qualified electors of Bmward County the question of whether to authorize slot machines in existing, licensed parimutuel facilities as provided in ANcle X, Section 23 of the Florida Constitution (the 'Referendum'); and Ec rcriptzu�: 3ro wa r,i, dL Lxumec t-800k. Page 33953.1915 Page: 7 of 31 CFN a 104679578, OR 3R 38953 PG 1922, Page 8 of 31 WHEREAS, d the Referendum Is adopted by a maJorey of the qualified electorate voting In the Special Election, slot machines shell be authortw to operate in each of the following facilities located in Broward County, Florida (Individually a *Facility* and collectively, the •Facilities'): $31 North Federal Highway Hallandale Beach, FL 33009 901 S. Federal Highway Hallandale Beach, FL 33009 301 East Dania Beach Blvd. Dank Beach, Florida 33004 1 B0o SW 31d SL Pompano Beach, Florida 33009 ; and WHEREAS. it the Referendum is adopted by a maJOnty of the qualified electoral* voting in the Special Election. the Facilities may be developed or modified to Incorporate slot machines; and WHEREAS. COUNTY agrees. that following passage of the Referendum, such modificatlon or redevelopment of the Facilities to Include slot machines will further the pubic Intsrad by Providing economic stimulation and enabling redevelopment of the Facilities and the geographic areas surrounding the Facilities; and WHEREAS, PARIMUTUEL FACILITY may desire to modify at develop its facility in accordance with land development regulations as set forth In applicable federal, state and local law, as may be modified ham Ems to time; and WHEREAS, COUNTY and PARIMUTUEL FACILITY recognize that each entity is concerned with the health and general welfare of the residents of Bmwanl County, and WHEREAS. COUNTY and PARIMUTUEL FACILITY recognize that each entity Impacts the health and general welfare of the residents of Broward County, and WHEREAS. COUNTY and PARIMUTUEL FACILITY recognize that the resWents of Broward County have legitimate concerns over any increaeod development, traffic, on s congestion, and the quaRy of life In Broward County; and g escr!otiun: Brorlyd,7: Docuraen t-Bock. Page 18953.1915 Page: 8 of 31 n_.,�.�. >>aa vas ,............ CFN / 1046.9578, OR 3A 38953 PG 1923, gage 9 of 31 WHEREAS, PARIMUTEL FACILITY is willing to enter Into this Agreement as a responsible corporate citizen of Broward County and In recognition of the fad that PARIMUTUEL FACILITfs long-term business Interests are best served by accommodating the legitimate needs and concerns of residents of Broward County., end WHEREAS, PARIMUTUEL FACILITY desires to assist COUNTY In otfaetting and defraying governmental Impacts, Including the costs of regional law enforcement, human services, mass transit operation, and to mltlgate lost revenues such as port fees that COUNTY will Incur as a result of PARIMUTUEL FACILITY's slot machine operations in Broward County; and WHEREAS, this Agreement represents a good falth concerted and negotiated effort on the part Of COUNTY and PARIMUTUEL FACILITY to achieve a poslhre and wnstn+dNe roachntion of significant Issues that could have otherwise negatively Inpedsd the relationship betwean COUNTY and PARIMUTUEL FACILITY 1* the detrimant of bolt Parties and the reaiderds of erowsrd County generaly. Instead. this Agreement Mleds an entrancernart of that relationship and a continuing desire by COUNTY and PARIMUTUEL FACILITY to take a pr oadlvs approach tots ae for the bench of the residents of Broward Cotw*r. NOW THEREFORE, Each party hereto agrees that good and valuable conakteration has beers given and received by such party as consideration for entering Into this Agreement tin ad and sullkisncy of which the parties hereby acknowledge, and furihsr In consideration of the mutual toms, corWtd". Prortrkea4 covenants, and payments heMnafter set forth, COUNTY and PARIMUTUEL FACILITY agree as follows. In addition to the terns defined In the Whereas clause* above or in the body of this Agreement, this followky definitions shel apply herein: 1.1 Agreement - means this document Articles 1 through 9, Indusive, along with any attachments, exhibits and documents that are expressty Incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator or the designee of such County Administrator. The primary responsibilities of the Contract Administrator are to coordinate and communicate with PARIMUTUEL FACILITY and to manage and supervise execution and completion of the terms and condhlons of this Agreement as set forth herein. In the administration of this Agreement as contrasted with matters of policy, all parties may rely on the inetmcWns or determinations made by the Contract Adminlstrator, provided, however, that such Lo.r�r�^G!.-.. ?rp'rerd,?L bcrJ.ent-3ook. Page 3d553.1935 Pnge: 9 0. CFa a 104679578, OR 3K 38953 PG 1924, Page 30 of 31 instructing and determinations do not change the terns and conditions of this Agreement. 1.4 County Administrator - The administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Bmwsrd County Charter. 1.6 FacWty - The terms facill and-Faalities- shall have the nuaryrgg set forth in the Whereas clauses, above 1.7 Gross slat Revenues - The tern -Gross Slot Revenues* shall mean the total of wagers received by a slot machine less the sum cf.. (1) cash or cash equivalent@ Paid out to Petrone as a direct result of playing a slot machine which are paid to patrons either manually or paid out by the slot machine: and (2) cash paid to Purchase annuillss to fund VIM payable to Petrone over a period of time as a died result of playing a slot machine: and (3) the cost of any personal distributed b a Patron as the direct reof playing a slot machine, which does no sult Include bevel expenses, food, refreshments, lodging or servicaa. 1.6 Parimutuai Facility - The term 'Parimutual Facility' shall mean the owner of the real property located at 301 East Dania Beach Boulevard. Dania Beach. Florida Attach entBrOZ d County. FloW ms, as described on the Pamnit attached hereto as Attachment 2 at which slot matitine@ may be authorized pursuant to Article X Section 23 of the Florida Constitudon, the operetor of the "rimutual faciny etwhich such Plot machines may be authorized, and the holder of the padmukW permit I ssued by the Florida Department of Business and Professional Regulation pursuant to Chapter 550 of the Florida Statutes and shall also Inchrda any helm, successm and assigns, Sum mersport Enterprises, LLLP, is a holder of a padmutual permit and Is allowed to conduct srarurler jai alai In Broward County. Florida, and is therefore Included In the tern'Parimutuel Facility,' 8RTICLF 2 ONDITIONI FOR r'ROSS SLOT REVENI Icc PA 2.1 Until such time that PARIMUTUEL FACILITY commences to operate slot machines and during such time that PARIMUTUEL FACILITY does not actually operate slot machines, PARIMUTUEL FACILITY shall have no obligation to pay the Gross Slot Revenues payment set forth in Section 4.1.2 and Section 4.1.5 below. 2.2 Notwithstanding any other provision of this Agreement, the payment obligation set forth in Section 4,1.1 shall remain and continue until the amount of Six Hundred Twenty-five Thousand Dollars ($625,000.00) has been fully paid to COUNTY. P.everlorlon: Brodar9,FL rCCrmant-Book. Page 38953.1915 Page: 10 of 31 Or34r> 134324A Cnmm�nr CEN 1 104679579, OR aR 38953 PG 1925, Page 11 of 31 TERM This Agreement shall be for a term of thirty (30) year$, beginning on the date it is fully executed by both puree, and shall be automatically renewed for succesalvs thirty (30) year terms unless the Board sends to PARIMUTUEL FACILITY written notice of its intent not to renew at least thirty (30) days prior to the expiration of any such term or renewal term. PAYMENT AND OBLIGATIONS OF THE OaDTIrS 4.1 To assist In defraying the cost of local government Impacts, Including the effects upon quality of Off and community values, costs and expenses which COUNTY will Incur as a rewit of PARIMUTUEL FACILITYSs developmerd and operation of slot machines as sughortaod by Ardde X Section 23 of the Florida ConsWAlon, snd for other good and valuable consideration, PARIMUTUEL FACILITY agrees to pay COUNTY, the following amounts: 4.1.1 SIX Hundred Twenty-five Thousand Dollars ($E25.000.00) shal be paid to COUNTY by PARIMUTUEL FACILITY no later than September 30.2006. A failure to tYrhey pay the amount due will roaut In the ImpoWtion of an administrative fee often percent (10%) of the amount due, in addition 10 the administrative fee. interest shag accrue at the rota of one percent (1 %) par month agar the amount Is due tact the snotud is paid in total. PARIMUTUEL FACILITY agrees that ten percent (10%) on the amount due Is a reasonable administrative fee. This provision " survive t this Agreement ends for any reason. Within tan (10) days of execution of this Agreemert . PARIMUTUEL FACILITY shag provide COUNTY with seautty In the forth of a surety bond or an wig guarantee elill fetter of PARIM relit which is acceptable to the COUNTY, and which Twenty -fine Thousand Dollars (f825,000.00) as set wforth above.t of gho In n the evbc en that the amount of money that PARIMUTUEL FACILITY has agreed to pay pursuant to this Section 4.1.1 Is not paid on or before September 30. 2D05. COUNTY shag be entitled to draw against the security for the amount due. PARIMUTUEL FACILITY shall ensure that the security romans valid and in full force and effect until PARIMUTUEL FACILITYS obligations set forth within this subsection are fully satisfied. After the total amount of Six Hundred Twenty-five Thousand Dollars ($625,000.00) is paid to COUNTY, COUNTY shall reimburse PARIMUTUEL FACILITY for the amount of the premium paid for any bond or for the Payment made to the bank or other entity for obtaining a letter of credit. Payment by COUNTY of such Page 38953.2915 Page: II of 32 CFN t 104679578, OR 3R 38953 PC 1926, Page 12 of 31 refmbursement shall be subJect to COUNTY 11 receipt of documentation acceptable to COUNTY of the said amount paid by PARIMUTUEL FACILITY. However. said amount to be Paid by COUNTY to PARIMUTUEL FACILITY shall not exceed Eighteen Thousand Seven Hundred Fifty Dollars ($18,750.00). 4.1.2 PARIMUTUEL FACILITY shall make a monthly payment to COUNTY in the amount of one and one -hag percent 0.5%) of the cumulative amounts of all Gross Slot Revenues generated from each and every slot machine audwrfzed pursuant to Artlds A Section 23 of the Florida Constitution operated by PARIMUTUEL FACILITY in Broward County or at the Facility until Gross Slot Revenues from sold slot machines reach Two Hundred Fifty Million is shall be PARIMUTUEL FACILITY'snan annual flacal year, basis. bsequent changSaid annual es of PARIMUTUEL FACILITY's flaal yew shall not after the annual bads unless agreed to by the parties. PARIMUTUEL FACILITY's monthly Payment shall increase to two percent (2%) of any Gross Slot Revenues in excess of Two Hundred Fifty Million Dollars ($250,000,000.00) to COUNTY in any fiscal year. PARIMUTUEL FACILITY shall notify COUNTY In writing of its Racal year Period within thI jy 30) days of the effective dab of this Agreement and such notification shag arena Section 4.1.2. Payment shall be accompanied by a form to be promulgated by CCUNTy s Chief Financial Officer (or aucpssor), which form will reconcile wagers received from slot machines to Gross Slot Revenues and any other paymerrb required under this Agreement Including any credits. prepayments, administrative foes or Interest due, or other adogli maMt of said raverures and signed by an auftxk d representative of PARIMUTUEL FACILITY. Said form shag be submitted montldy to COUNTY regardless of whether any Payment is owed. If are Stab of Florida or any agency thereof develops a form pertaining to revenues generated from dot machines and sold form Is acceptable to COUNTY's Chief Financial Mar (CFO), then PARIMUTUEL FACILITY may utilize said forth to fulfil its obligations under Ws paragraph. if COUNTY CFO requires additional ! .fommation to verify accuracy of the Percentage payments of Gross Slot Revenues contemplated by --this Agreement not Otherwise set forth on the state form, CFO may require that the PARIMUTUEL FACILITY submit a supplemental form containing such additional information. 4.1.3 The monthly payments required by Section 4.1.2 of this Agreement shall be due to COUNTY on the fifteenth (151h) day of each month succeeding the first month of operations Of slot machines and be delinquent on the last day of each month payment is due. Any monthly payment when delinquent will result the imposition of an administrative fee of ten percent (10%) of the unpaid delinquent balance; however, It shall never be less than Fifty Dollars ($50.00). In addition to the administrative fee, Interest shall accrue at the Dod^-ription: 3r'vard,Fr, flacunant-800lc.P19e 38953.1915 Page: 12 of 3I CFN If 104679578, OR 3x 38953 PG 1927, Page 13 of 31 rote of one percent (1 %) per month after any amount is due until the amount of the delinquent balance is paid in lotel. I 4.1.4 COUNTY is empowered when any Payment becomes dernquent, to Issue written notk b PARIMUTUEL FACILITY of tts failure b receive payment within the time required and. If known to COUNTY, such notice shall sat forth the full amount of the Payment due, with the interest. administrative fee, and cost of collection COUNTY may enforce, by any mean available to It, the collection of Parnents Imposed by this Agreement. 4.1.5 If PARIMUTUEL FACILITY does not have a written agreement with the Mun'cipa#ty It Is located in by March 1. 2005. then, In that event, PARIMUTUEL FACWTY shall Pay b COUNTY one and sewn.4nfhs Percent (1.7%) of Gross Slot Revenues until Gross Slot Revenues from sot machines reaches Two Hundred Fifty Million Dollars (S25o,000.000.00) an an annual bads. Said annual basis shalt be PARIMUTUEL FACUUTY's fisW year. PARIMUTUEL FACILITY's monthly psr writ shall increase to two and one -hag Percent (2.5%) an srry Gross Slot Revenues in excess of an amount Of Two Hundred Fifty Milton Dollars ($250.000,000.00) in any Aseal year. COUNTY shall then distribute such revenues to the Munkipaily. These amounts she# be In addition to any amounts owed Pursuant to Section 4.1.2. This Section 4.1.5 shall tam*nete and no longer be In effect when an agreement between the municipality and PARIMUTUEL FACILITY has been entered Into. 4.2 A# payments required under this Agreement shall be In the name or Broward County and mailed as directed below. Chief Financlal Olflcar (or successor) Governmental Canter. Room 513 115 South Andrews Avenue Fort Lauderdale, Florida 33301 COUNTY's CFO, or successor, may direct PARIMUTUEL FACILITY In writing to change the address for the receipt of payment by COUNTY and CFO and PARIMUTUEL FACILITY may agree in writing to a different manner for delivery of payment 4.3 If this Agreement ends for any reason other than as provided in Amide 3, the requirements of Section 9.8 shall be applicable. Oa.tcrlp�:a!: E,_�rird.?*, rocu¢.;�^Book. Page 38753. 19I5 Pigs: 13 CFM r 104679578, OR BK 38953 PG 1928, 219, 14 of 31 4.4 PARIMUTUEL FACILITY shad be entitled b a credit againstbot maaged or transit fees or Transit Oriented Concurrency Syetern tees for square from existing padmutual use to slot machine use. Any credits granted bra axbtind tied dsvelopnsnt Q.e , existing Parimutuel use) shad be determined at the time payment would have been due in accordance withLand the Provlalons W the Broward t:auny existing development Code. The Broward County Land Development Cade defines Noater t b i eightdWgeen vacant strucsrrea and Previous development demolished ro later than eighteen months prior to the date of final plat application. the final application face of a Plat or buddin g catiion for placement of a notation on th Permit approval 4.5 PARIMUTUEL FACILITY shal also be entitled to the folowing credits for CWMYpt related fees assessed against the PARIMUTUEL FACILITY by 4.5.1 Credit against Transit Oriented Concurrency System fees due and owing as Provided by the Browsrd Covey Land Development Code when and if the Transit Oriented Conwrrancy System becomes effecdvs for Me square Wage within or msehhm PARIMUTUE UEL FACILITY FACILITY h located within the thead Transit Concu ency District and the credit for transit eoncurrsny fees shad be W8840 for slotOW based �aWnes. The proposeit* gross square edd�fee for an within the facile Thousand Four Hundred FIIy.Four Dolan $9.454 rer 1001) square use o Mlle ( ) P� t000 equsn teat 4.5.2 Unu such time as the Transit Oriented Concunency system becomes effective, credit against spplirable Road or Transit Impact Fees due and owing as Provided by the Bmward County Land Development Code for the square footage within the PARIMUTUEL FACILITY building or buddi ngs utilized for slot machines. The credit for transit Impact fees shall be calculated based upon the gross square footage of the area within the facility set aside for slot machines. The current fee for oommerdal use Is Five feet. Seven Hundred Sbdyone Dollars (S5.761.00) Per 1000 square 4.5.3 A credit against fees set forth within to Broward County Administrative Code for the administrative processing and review of applications for development Permits submitted to Broward County for review and approval. 4.5.4 A credit against fees set font within the Broward County Administrative Code for the administrative processing and review of applications for trafflcways plan waiver requests Processed by the Broward County Planning Council which are requested by PARIMUTUEL FACILITY. The construction or renovation of principal buildings (as such are defined by the Administrative Rules Document promulgated by the Broward County Planning ^.!Jariptiea: Broward,PL ecCc Moat -Book. Page 38253.1915 Page: 14 of 31 CFH r 104679578, OR 8K 38953 PG 1929, page 15 of 31 Council) on PARIMUTUEL FACILITY's site which are not covered by Section 4.4 above, Including but not limited to, hotels, retail, or comntercw uses shag not be entitled to a credit against applicable fees except as set forth above for the gross square footage of the area within the facility set aside for slot machines. 4.0 If the Florida Legislature passes any act of law establishing an ailtmative obligation on the part of COUNTY to regulate slot machine operations, PARIMUTUEL FACILITY hereby agrees to reimburse COUNTY for its pro rate share of the actual expenses Incurred by COUNTY altribitab>le to such ad of law. For purposes of this Section 4.8. PARIMUTUEL FACILITY's pro rah share shag be based an the total number of Riot machines regulated by COUNTY. PARIMUTUEL FACILfTY's pro rate share shag be calculated by multiplying the total actual expenses by a haatlon, the numerator of which shag be the total number of the FWWs slat machines operated by PARIMUTUEL FACILITY at Its Facility and the denominator shall be the total number of slat machines regulated by COUNTY. If the Florida Legislature fails to establish regulations relating to the implementation Of Article X Section 23 of the Florida Constitution, or R regulations have not become effective by July 1. 2003. than In that event, PARIMUTUEL FACILITY agrees and acknowledges that COUNTY shag have the authority to establish such regulations. If at any time in the future, tit. Florida Legislature or state agency relinquishes its right authority or actually ceases regulation of slot machines authorised by Article X Section 23 of the Florida Constitution, than PARIMUTUEL FACILITY agrees and acknowledges that COUNTY shag have the authority to establish regulations of said slot mwhinss. PARIMUTUEL FACILITY hereby agrees to reimburse COUNTY for its pro rate share Of actual expenses Incurred by COUNTY as provided for above. COUNTY acknowledges that it has no auti" pursuant to On current Chapter 550, Florida Statutes, to adopt regulations relating to the operations of parimutual facWties. 4.7 Board shall appropriate annually In its budget a portion of the funds received pursuant to this Agreement to establish, enhance, or Improve bus mutes and bus $top improvements at or near the Facility. In making the appropriation, Board shall consider Customer demand and usage and PARIMUTUEL FACILITY needs. 4.8 Board shall appropriate annually In its budget a portion of the funds received pursuant to this Agreement for the purpose of destinatlon promotion which will Include parimutual facilities as a part of Broward County's tourism promotion program. In making the appropriation, Board shall consider overall program needs and goals. 4.9 PARIMUTUEL FACILITY agrees to execute a Declaration of Restrictive Covenants which shall run with the land to ensure that the monetary obligations of this Agreement shall be complied with by PARIMUTUEL FACILITY and by any person or entity purchasing the stock or assets of the parimutual facility and operating slot machines from PARIMUTUEL FACIUTY's location. The declaration is attached De3criptir!: Brc: rd, � 7ac=m t-Hook. page 3d953.131i Paga: 15 of 3I CFN 1 104679579, OR SI 38953 PG 1930, Psge 16 of 31 hereto and made a part hereof as Attachment 1. COUNTY shall be entitled to record same pursuant to Section 28.222, Florida Statutes. 4.10 Any credit allowed to PARIMUTUEL FACILITY pursuant to Article 4 shall only be applied against the monthly payment based upon Gross Slot Revenues owed to COUNTY and the payment pursuant to Section 4.1.1. PARIMUTUEL FACILITY shall Pay an amounts owed to COUNTY for which a credit may be given: however, Or so " as there is a surplus. any such credit shag only be applied against monthly Payment from tutors Gross Sbt Revenues to be received from PARIMUTUEL FACILITY. 4.11 PARIMUTUEL FACILITY gees that It wig not seek the approval of the Department Of Business and Professional Regulation, OMs bn Of PeMrwbrel Wagering or any other state agency permitted to authorize the relocation of scat machine operations, for authorizaton to move In whole or In part the physical bcation of the operation o1 slot machines authorized by Article )( Section 23 of the cancel Constitution to a kxatbn other than the location klenti6ed In this Agreement without the prior written consent of the Board. This shag not prohibit PARIMUTUEL FACILITY from demolishing or renovating the arrant building within the conftnes of the arrant location as set forth within the legal description attached to the Declaration of Restrictive Covenants attached hereto and made a part hereof as Attachment 1. ARTICLE 5 GOVERNMENTAL IMMUNITY Nothing herein is intended to serve as a waiver of sovereign immunity by COUNTY nor shall anything included herein be construed as consent to be sued by IN any matter arising out of this Agreement rd Parties in ARTICLE B INDEMNIFICATION 6.1 PARIMUTUEL FACILITY shag at all times hereafter indemnify, hold harmless and, at County Attorneys option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, Board members, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, Including attorney fees, court costs, expenses, and Judgments through and Including all appellate or administrative proceedings, or both, caused by any conduct of, or negligent act or omission of PARIMUTUEL FACILITY, its employees, agents, servants, or officers, accruing, resulting from, or related to the subject matter of this Agreement Including, without limitatlon, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. Notwithstanding any other provision in this Agreement, PARIMUTUEL FACILITY shall have no obligation to indemnify, defend 10 ^escrlp'lon'.3ro ward, PL Docn:::ent-3aok. Page 38953.19I5 Page: 16 of 31 CFH s 104679579, OR BK 38953 PG 1931, Page 17 of 31 or hold harmless COUNTY, its of 1mrs, members of the Board, agents. servants and employees against any claim, loss. liability, and expendfturs of any kind caused by action on the part of COUNTY or any of Its oticas, mambas of the Board, agents, servants and anployess due to COUNTY'S use or misuse of any revenues paid to COUNTY by PARIMUTUEL FACILITY pursuant to this Agreement 8.2 In the event of litigation, an administrative pmesedin% or both, ad ft out of or In connection with Oft Agreement, khdudkp as to its validity and enforceability. is brought by a third person naming COUNTY its offs m. Board members, agents, savants, and employees as a defendant, PARIMUTUEL FACILITY shalt at at times hereafter indermify, hold harmless and, at County Atbmays option, defend or pay for an attorney Waded by County Attomey to defend COUNTY. Its otrkers. Board members, agents, savants, and employees aPslhst any and all daims. losses, talAdes, and expenditures of arty kind. Including altomsy fees. court cos$ expenses, and Judgments through and Including at appellate actions, resulting from said litigation or administrative proceeding. Notwithstanding ary other, provision in this Agreement PARIMUTUEL FACILITY shall have no obligation to Indemnify, defend or hold harmless COUNTY, its officers, members of ffw Board, agents, sOrmIS and employees against any claim, loss, tabtty. and expenditure of any kind caused by action on Me part of COUNTY or any of "s Ofters, members of the Board, agents. servants and employees due to COUNTY'S use or misuse of any revenues paid to COUNTY by PARIMUTUEL FACILITY pursued to we Agreement 8.3 The provisions of this Article 8 shag survive temdnadon or other and to this Agreement and shall continue until the and of any and at applicable statutes of In tetlon for any and at court actions and administrative proceedings which may be filed against COUNTY. Its offkem, Board member, agents, servants. and employees. However, If COUNTY is sued and the action is one that PARIMUTUEL FACILITY would have had an obligation to defend pursuant b Article 8, and COUNTY raises the defense of statute of limitations, Men PARIMUTUEL FACILITY shal Indemnify, hold harMess and defend COUNTY, is officers. Board members, agents, servants, and employees as regaled by Sections a.1 and 6.2 t a court fats to dismiss said action. 6.4 Notwithstanding the foregoing and subject to COUNTY's rights set forth in this Section 6.4 and Section 0.5. PARIMUTUEL FACILITY she" have the sole and exclusive authority to defend COUNTY, its officers, members of the Board of Canty Commissioners, agents, servants, and employees In any proceeding covered by this Article 6 and to direct the defense of any such proceeding when -the relef sought in such proceeding has the potential to adversely impact slot machine operations at the PARIMUTUEL FACILITY. For the purposes of this Article S. a proceeding shall be considered to have the potential 10 'Adversely Impact Slot Machine Operations' at a particular facility, if the relief sought in such proceeding would reasonably result in a material reduction in the amount of Gross Slot Revenues generated by such PARIMUTUEL FACILITY. If COUNTY and PARIMUTUEL FACILITY are each named as parties In any litigation that could 11 L'_.rCrlptfCa: 3ronlr3,?L ^cc=9nt-300k. Page 33953.1915 Page: 17 of 31 CFN 1 104679578, OR 9R 39953 PG 1932, Page 18 of 31 Advm* Impact Slot Machine OpemtlOns or N COUNTY deems it to be In Its best Interest, COUNTY may at its We option, elect to him a separate, Independent attorney at COUNTY'S expense to repressnt COUNTY'S interests In such litigation. 6.5 COUNTY shall be fully and timely apprised and kept informed as the litigation Progresses by PARIMUTUEL FACILITY of any Iitigation in which COUNTY is a named party and shag have the right to monitor such litigation, as some litigation may have financial or political ramifications of concem to COUNTY. ARTICLE 7 BANKRUPTCY PROVISION$ 7.1 To the fullest extent provided or allowed by law, In the event PARIMUTUEL FACILITY flas for protection under any federal or state bankruptcy, Insolvency. receivership or other creditor protection statute, or otherwise has fled against it a similar Involuntary proceeding that Is not dismissed within thirty (30) days (a 'Bankruptcy Oceurrena,, then such PARIMUTUEL FACILITY agrees that this Agreement shag not be deemed an executory oontmct given that COUNTY has fully performed Its obligation$ hereunder and all that remains is PARIMUTUEL FACILITY's psymertt of the moneys due hereunder to COUNTY. In an respects, PARIMUTUEL FACILITY ogre" that it will root asaert that this 16 an executory corntrad, and hereby wsiva$ all dekM arguments and/or contentions to the contrary. 7.2 Notwithstanding the provisions of Section 7.1, in the event it is determined that this Is an exeatory contact of that the waiver am font above is unenforceable for any reason, then PARIMUTUEL FACILITY agrees not to seek 10 mjed this Agreement Pursuant b Section 366(a) of the Bankruptcy Code, or any akngar stab law Provision, if any. as an executory contract Or to assist, support or join any motion made by a third party seeking to force a rejection of this Agreement as an exacutory contract or for any other reason. N a Bankruptcy Occurrence occurs. then PARIMUTUEL FACILITY agrees to use its beat efforts to obtain as soon as j practicable an order of the court approving the assumption of this Agreemertl, under Section 365 of the Bankruptcy Code, or any applicable state law, and if a rnotton is made seeking the rejection of this Agreement, to Oppose such motion and instead seek the assumption hereof. ARTICLE a NONDISCRIMINATION PARIMUTUEL color, nIL atlonal origin, sex,religion, ITY a ll t age,marital unlawfully porlitical afmiatloninato on the b di aDllry, or Sexual orientation (including, twt not limited to, Broward County Code, Chapter 16A) In the performance of this Agreement. 12 <•�crt �[Io,z^ 3rowaci,TL Consent-3ook. Page 3t953.19IS ?age: 19 of 31 CFH i 104679578, OR 3tt 3e953 PG 1933, Page 19 of 31 TAR ICLE 9 :•s : e• Lei Alie'e COUNTY shall have the right to audit the books, records, and accounts of PARIMUTUEL FACILITY directly relating to the calculation of Gross Slot Revenues, upon reasonable notl s, in order to ascertain the correctness of the Gross Slot Revenues payment required to be made to COUNTY pursuant to this Agreement, Including tins accurate reporting of Gross Slot Revenues and the determination of Gross Slot Revenues payment under this Agreement. PARIMUTUEL FACILITY shall keep such boob, records, and accounts as may be necessary In order to record complete and correct sables related to the calculation of Gnus Slat Revenues. All books, records, and accounts of PARIMUTUEL FACILITY rate" to Gross Ski Rsysmres shall be kept in written form, or In a forth capable of conversion into written form within a reasonable time, and upon reasonable request to do so, PARIMUTUEL FACILITY shall make same available at no coat to COUNTY In written form. Audited financial statemarb of PARIMUTUEL FACILITY vfikh In addition details the amount of annual Gross Sot Revenues shall be provided to COUNTY within four (4) months of the dose of each fiscal year of PARIMUTUEL FACILITY. PARIMUTUEL FACILITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records. supporting documents, statistical records, and any other documents psttYrent to the calculation of Gross Slot Revenues and die Gross Slot Revenues payment pursuant to fhb AWasimenit for the required retention period of the Florida Public Records Act (Chapter 7f9, Florida Statutes), N applicable, or, N the Florida Public Records Act Is not applicable, for a minimum period of three (3) years after fhe creation of the record. N any audit has been initiated and audit findings have not been resolved at the and of the retention period or three (3) years, whichever is longer, the books, records. and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act Is determined to be applicable to PARIMUTUEL FACILITY's records relating to Gross Slot Revenues, PARIMUTUEL FACILITY shag comply with all requirements thereof, however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by PARIMUTUEL FACILITY. Any incomplete or Incorrect entry or entries in excess of Two Hundred Thousand Dollars ($200,000.00) of cumulative, annual funds that should have been paid to the COUNTY as a Gross Slot Revenues payment in a particular fiscal year In such books, records, and accounts shall be a basis for COUNTY to apply an administrative fee of ten percent (10%) of any delinquent amount owed to COUNTY plus interest in an amount of one percent (1%) per month until the delinquent amount owed has been paid. Said interest shall not accrue for a period greater than three (3) years. Any underpayment shall be paid by PARIMUTUEL FACILITY 13 c1ecriotlin: 3carnrd,70 -Book. Page 38953.I915 Page: 19 of 32 CFH a 104679578, OR aE 38953 PG 1934, Paga 20 of 31 to COUNTY within ten (10) days of notice of the audit finding, Including Interest and the administrative fee if owed. PARIMUTUEL FACILITY is an independent contractor under this Agreement Neither PARIMUTUEL FACILITY nor its agents shall ad as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other Joint relationship is created hereby. COUNTY does not extend to PARIMUTUEL FACILITY or PARIMUTUEL FACILITY's agents any authority of any kind to bind COUNTY In any respect whatsoever. Neither PARIMUTUEL FACILITY nor COUNTY Intend to dlrectiy or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shell be entitled to assert a right or claim against either of them based upon this Agreement. 9.4 NOTICES Whanever either party desires to give notice to the other, such notice must be in writing, sent by cadded United States Mai, postage prepaid, return receipt requested, or by hard delivery with ■ request for ■ written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. If mWtipie addresses are provided, notice shall be ellectNe 0 sort Oo at least two of the places speciAsd. provided that one such place Is PARIMUTUEL FACILITY when notice is sent to PARIMUTUEL FACILITY. The place for giving notice shall remain the same as set forth herein until changed In writing in the manner provided In this section. For the present, the parties designate the following: BROWARD C Attn: County Administrator Governmental Center, Room 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 With copies to: CountyAttorney Governmental Center, Room 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 14 23criP"3nr Bronsrd,?L DOcumeac-Book. Page 33953.I915 Page: 20 of 3I n ,.d..�. 114,11. r..____.. --FH f 104679578, OR 31r 38953 PG 1935, Page 21 of 31 FOR PARIMUTUEL FACILE: The Aragon Group, Inc, dAge, Dania Jal Alai, a division of The Aragon Group, Inc. 301 East Dare Beach Boulevard Dania Beach, Florida 33004 a Summemport Enterprises, LLLP 301 East Dania Beach Boulevard Dania Beach, Florida 33004 Holland a Knight LLP 701 Brickeg Avenue Suits 3000 Miami, Florida 33131 Attn: Lori K. Weems, Esquire 8 Berger Sktgennan 200 South Biscayne Boulevard. Suite 1000 MWr. Florida 33131 Attu: Thomas O. Wells, Esquire, Counsel to PARIMLTUEL FACILITY This Agreement and-upy interest herein shalt be binding upon and shall inum to the benefit of any and all successors, assigns, heirs, legal representatives, and personal representatives of any party hereto. Notwithstanding, PARIMUTUEL FACILITY shall not assign this Agreement without the written consent of the Board, which consent shag not be unreasonably withheld. COUNTYs consent shall be deemed to have been given If the State of Florida, Department of Business and Professional Regulation authorizes the transfer of PARIMUTUEL FACILITY'S permit to conduct parimutuel wagering and PARIMUTUEL FACILITY shall provide written notice to COUNTY within five (5) days of the date of transfer. 15 D^ac::Ptt Jr.: 3r;::ac:,?L Dcccment-3cos. page 38953.1915 Page: 21 of 31 CFN a 134679579, OR 3K 38953 PG 1935, Page 22 of 31 Neither COUNTY's nor PARIMUTUEL FACILITY'S failure to erdorce any pmvlsion of this Agreement shag be deemed a waiver of such provision or rtrodigcaticn v blue Agreement A waiver of any breach of a provision d this Agresmeri shall not be deemed a waiver of any subaequang breach and shall not br construed to be a modification of the terra of this Agreemenit COUNTY and PARIMUTUEL FACILITY, respectively. shag comply with all applicable federal, stab, and local laws, codes, ordinances. rues, and regulatibrn In performing its duties, responslbilitlas,Includiand obllgatkxrs pursuant b this Agreement, Beach and not limited b the City iv Danle Beach zoning regulations. City of Dania Beach and COUNTY comprehensive pone and COUNTY platting regulations ad forth within the Broward County Land Use Plan for the construction Of any 'prbna(pal building• as such is dented by the Administrative Rules Docu men promulgated by the Broward County Planning Council. No subsequently enacted law. code, required, or regulation shag construed to limit or restrict the payment required to be made to COUNTY by PARIMUTUEL FACILITY under this Agreement In addition, PARIMUTUEL FACILITY acknowledges that this Agreement does not reduce or mitigate PARIMUTUEL FACILITYs obligation to pay Clry of Dania Beach and COUNTY all applicable tares required by Florida Statutes or COUNTY or City ordkrances. In the event any provision of this Agreement Infound by a court of competent Jurisdiction b be Invalid or unenforceable, the remaining provisions of We shag continue tobs effective. In such event, the Peru" slug Net negotiate to amend this Agreement to address any portion found to be Invalid or unenforceable. If the parties fag to negotiate an amendment, COUNTY shall be entitled to present to PARIMUTUEL FACILITY an aftemaM provision which PARIMUTUEL FACILITY shall agree to provided that such provision gives COUNTY no no greater obligations than rtheeProvisonhts ainval invalidated ogives r determined toEL Cbel.unenforceable. Notwithstanding PARIMUTUEL FACILITY's continuing obligation to agree to an alterative provision as provided above, this Agreement shall be subject to reformation or other equitable remedy by a court of competent Jurisdiction inasmuch as the parties expressly intend that the invalidity or unenforceability of any portion of this Agreement shall not result In the invalidity or unenforceability of the purpose and intent of the pattles in entering into this Agreement. Notwithstanding the foregoing, if a court of competent jurisdiction were to determine that this Agreement must terminate, COUNTY shall be entitled to present to 16 La �crl otlor: droa1rd_PL Gocwaen:-Ziook. Page -13953.2915 Page: 22 of 31 CEN a 104679578, OR BK 38953 PC 1937, Page 23 of 31 PARIMUTUEL FACILITY an atismativs form of agreement which PARIMUTUEL FACILITY shall enter into provided that (a) such agresma t gives COUNTY no greater rights and gives PARIMUTUEL FACILITY no greater obligations than this Agreement, and (b) if litigation is commenced perialrrIng to such atemagve agreement, then COUNTY, because R is a material and necessary party of interest in any litigation regarding or arising out of tha now agreament. " haw the right and Obligation to Intervene or PARIMUTUEL FACILITY may cause COUNTY to become a party to the litigation without objection by COUNTY, and COUNTY, at the option of PARIMUTUEL FACILITY, she# defend PARIMUTUEL FACILITY In any such litigation. The provisions of this section shall survtve if this Agreement ends for any reason. Unless and until any court of compatent judadktion expressly determines In an action In which both COUNTY and PARIMUTUEL FACILITY are named party defendants that it Is illegal for PARIMUTUEL FACILITY to do so, PARIMUTUEL FACILITY shall pay COUNTY the amounts required by Article 4 and shag continue to make such payments until a now agreement is entered Into by the parties. Notwithstanding this provision, the parties acknowledge and agree that COUNTY'* right to draw on the surety bond or letter of as& posted pursuant to Section 4.1.1 shag not be adversely affected by this provision or any other provision In this Agreement and that the debt owed to COUNTY shall continue until fully paid, 9.9 ,iOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of ail rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to express" their mutual intent and the resulting document shalt not be construed nor* etrktly against one of the parties than the other. M This Agreement shag be Interpreted and construed In accordance with and governed by the taws of the State oTFloride, without regard to conflict of laws principles. All parties agree and accept that juriadlcdon of any controversies or legal problems arising out of this Agreement, and any action Involving the enforcement or Interpretation of any rights hereunder, shall be the state courts of the Seventeenth Judicial Clrcult In Broward County, Florida, and venue for litigation arising cut of this Agreement shag be in a state court located In Broward County, Florida, forsaking any ctherjurisdiction which either party may claim by virtue of Is residency or other Jurisdictional device. By entering into this Agreement, PARIMUTUEL FACILITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement 17 De::e:'_prLca: 3r�urd. NL ,:.-__ae:�r-look. page 38353.19.5 pegs: 23 of 31 C.-H s 104679572, OR 3x 39953. PC 1938, Page 24 of 31 9.11 AMENOMEM No modiflCMM. amendment or alteration In the tense 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 PARIMUTUEL a- -e This docunwd represents the final and complete understanding of the Pelves end Incorporates or supersedes al prior negotiations, cortaaPondena. oonverastlons, agreements, and understandings epPficabis 10 the matters contained herein. The PAagree that there is no oortunitrnerrt apresrnarrt a undsraterMing corrcerryno the subject matter of this Agreement that is not contained In this written document Accordingly, the parties agree that no deviation from the tsrtne hereof shall be Predicated upon any Prior representation or agrment, whether oral or written. 9.13 INCORPORATION BYBgfE8f= The truth and accuracy of each -Whereas- clause act forth above Is sdvwwledged by the Parties and such Whereas clause and Aaachment 1 hereto are Incorporated Into end made a Part of this Agreement for all purposes. 9.14 NATIONQ REPRESENTATION OF AUTHORITY- r Ir•PNQr wvnr see. REPRESE' Each Individual executing this Agreement on behalf of a Party hereto hereby nePreserts and warrants that he or she Is, on the date he or she signs this Agreement duty authorized by at necessary and appropriate action to execute this Agreement on behalf of such party. PARIMUTUEL FACILITY represents that I Is a licensed parimutuet operator under Chapter SM. Florida Statutes, PARIMUTUEL FACILITY shag take al reasonable action necessary to continue and retain its PARIMUTUEL FACILITY license and obtain and retain a license autt ezirg the operation of slot machines throughout the tern of this Agreement PARIMUTUEL FACILITY represents that 113 the entity, subject to approval of the Referendum, that is authorized by Article X, Section 23 of the Florida Consotution to operate slot machines at its existing padmutuel facility. PARIMUTUEL FACILITY shall not direct, assign or create a new entity which would in any way divert slot machine revenues which would result in slot machine revenues not being subject to the !erns of this Agreement, and PARIMUTUEL FACILITY shall not sell its stock or assets, or both, which sale would render the terns of this Agreement inapplicable to slot machines operations. 18 'anarlpt!on: 3to"r"L D0'7 rant -Book' Page 33953,1915 Page: 24 of 31 rdar: 23332:.i Ccmmwntr CFM It 104679578, OR aK 38953 PG 1939, Page 25 of 31 9.15 Mlp TIPLE ORIGIN r c Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document 9.18 REMEDIES In addition to all other remedies provided In this Agreement or under applicable law. COUNTY shall also be entitled to speciflcally enforce this AgreemertL including the payment obligations of PARIMUTUEL FACILITY provided herein. PARIMUTUEL FACILITY acknowledges and agrees that the provisions hereof are unique, and the damages COUNTY might suffer upon a breach hereof Incapable of precise calculation. and accordingly waive any and all oblections, whether provided under federal or state law, Including any bankruptcy or Inealverky proNsbns the they might have to any claim for speciAc performance that COUNTY might asset t 9.17 COVENANT NOT To c r COUNTY and PARIMUTUEL FACILITY hereby covansM that they shall not commence or maintain any lawsuit, administrative proceeding, or other ardl m whether at law or In equity, which thagengss the validity or enforceability of this Agreement This covenant shag be binding upon, and Inure to, the benefit of the Parties, "If successors, assigns, heirs, legal represanta ma. and personal representatives. juff �11 C ■ ■ PARIMUTUEL FACILITY and COUNTY hereby waive any and all claims Tor led inadequary or Insufficiency of consideration, lack of mutuality of rannedy or obligation, definiteness in time or other uncertainty, or any other defense or claim to the formation and creation of an enforceable contract. In all respects, the parties agree that this Agreement shall be enforceable as written arid, unless otherwise mutually agreed to by the parties, waive any and all 013109flons or arguments to the contrary. PARIMUTUEL FACILITY hereby waives any and all claims that the covenant running with the land attached hereto as Attachment 1 Is Invalid or unenforceable in any respect and PARIMUTUEL FACILITY agrees that said covenant Is enforceable as written. 9.19 GOOD FAITH COOP anTION iN DEV t OPM NT PROCES COUNTY hereby agrees to provide a timely review of all development related aPPlications submitted by or on behalf of PARIMUTUEL FACILITY in accordance with all applicable regulations. COUNTY agrees to Perform it dudes set forth within the provisions of this Agreement in good faith. 19 Le+cri,,cion: Brovacd,7L JoccZrc r;-Book. Page 3J95J.1915 Page: 2S of 31 CFN a 104679S78, OR SK 38953 PG 1940, page 26 of 31 �e Ja In accordance with the various agreements entered Into among Broward County and Its Lobbyists, COUNTY agrees to direct its lobbytats not to lobby or to him any subconeultants to lobby the Legislature. Governor or Cabinet as to any position concemirg slot marltnos that is adverse to any stated. Or later adopted posWon of COUNTY corkemirg the issue of slot macNnes. As used in this Agreement the singular includes the plural. and the plural ndWas the singular, unless the context otherwise requires. (The remainder of this page Is intentionally left bank) 20 Vi.vcriptlon: arcrard,?L Dcc+:asat-sook.Page 21953.1915 Page: 26 of 31 CFN 1 106679579, OR HK 30953 PG 1941, Page 27 of 31 IN WITNESS WHEREOF, tM parties hereto have made and executed this Agreement:BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through As Mayor or Vice -Mayor, authorized to execute same by Board action on the _19-8- day of 209 and THE ARAGON GROUP, d/bla DANIA JAI ALAI, a division of th Aragon Group, Inc., a Florida corporation, and SUMMERSPORT ENTERPRISES, LLLP, a Florida limited partnership, signing by and through their President duly authorized to execute same. ATTEST: 8roward County tor. as Exofficb Clark of the Bmward County Board of County Comm4j WlJr9 ..1!4' C�?�4TcD CC 1ST 19'3 k 13ROWARD COUNTY, by and through its Board of County Commissloners B dstin D. Ja e, Mayor r aL'4aay of �.... _ 20if Approved as to form by Oflke of the County Attorney for Broward County, Florida SHARON L CRUZ, Interim County Attorney Governmental Centef, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 3=1 Telephone: (954)357-70W Telecopler. (95S54) 357-7541 ey ww GE 1-1y-oS La . L ohnson (pate) De Cohnf ttomey j 21 L :._.: ci_tcn: 9c:ard. PL .^oci-:ect3ook. Paga 39953.I915 Pige: 27 of 31 CFH • 104679579, OR BE 38953 PG 1942, Page 29 of 31 AGREEMENT AMONG BROWARD COUNTY AND THE ARAGON GROUP, INC., dlt/a, DANIA JAI ALAI, A DIVISION OF THE ARAGON GROUP, INC.. AND SUMMERSPORT ENTERPRISES, LLLP, REGARDING OPERATION OF SLOT MACHINES IN A PARIMUTUEL FACILITY PARIMUTUEL FACILITY WITNESSES: THE ARAGON GROUP, INC., diva DANIA JAI ALAI, a division of The Aragon Group, Inc., a Florida corporation ISlgnature of Witness y Stephen . Snyder, President t"aasT/�vr �¢ Print/Type >•�.,.n�wvtr �dayor %AA!NWX zos� Name Signature or Witness Print/Type Name AND WITNESSES: Ole A/naturs of witness WX�fiVTivA 0i»cT�nreT4� PrinV 1 ype Name —AQn,,, *_ ,4 -- Signature of Witness PnntlType Name LEL/ AP:vs TheAregonGraip0aaia"Wa,Slots.e01. ooa 0/-025 08 01/13/01 22 (SEAL) SUMMERSPORT ENTERPRISES, LLLP a Florida Gmttsd partnarsMp StepMn F. Snyderaid Of The Aragon Group, Inc., the general partner nday of %/,►�� . 20 /.r (SEAL) Dercriptton: 3rx ard,:: Joccaeot-Book. page 9953.1915 Page: 28 of 31 lr.far• 2TA4�44 r----nr. CFTC a 104679578, OR 3K 38953 PC 1943, Page 29 of 31 Attachment 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING 1 Ikense #274 WHEREAS GANG JAI,ALAI OIVISION OF THEARA O"J CROUP, INC. db1& DANIA JAl d(,e( has been granted and Is the rtghhU and l8 WAd holder of a permit to corlolM141-ALA( at the locators desatbed In said permit, Whkh pemtlt was duty granted, ratified and stands uncanoaDed and unrevoked as provided by the padhant Florida Statutes, and WHEREAS slid pam4holder has made application for Bcanse for the season of 20042QQQ to accordance with the law and the rWes and mgulabons of the Division of Pad-Mutuel Wager/ng and has hrmfahed bond as rnpufred by law, now therafora BE jr KNOWN that DANIA JAMLAl is hereby granted a license by the Dlvislon of PalFMuh/el .YagaAng to operate at said location on the following dater. Dacembe►1 2004 threuah June 30 2005 DARK ON: An Monday* (exeepf Dooember 21, 2004, February 21, 2004 and May 30, 200M. ALSO DARK ON: D*mmber 24, 2004, and March 27, 2006. 149 - Ev" performances. 57-Matinees; with evening performances on: Tuesday; Saturday& (except 122S2004,1/1. and 40f20Wti 31 - MaMee Only performances on: Sundays (except 3127/2W5y. and on Monday, 2T21=3, and Monday, 5=00S. 3 - Ch" performanoss on. evenings 0112/1. 12/SI2004, aid 1/SJ20ft 237 Regular Performances 240 Told Performances Sub/ed shvaya to the pmv Sion of any and 40laws of the State of Florida and the applicable rules and mgulallons of the DfvWon of Pad-Mufuel Wogadng. Issued and dated of Tallehassea. Florida, thh _/ J__day of March 204. Divlsfon Of PaN-Mutual Wagering ey _ Qnsoeorts, or _&trip^: -A: arc-.ar,!.: Lac,ene-Book. Page 38953.1915 Page: 29 of 31 CFT1 a 104679578, OR 3K 38953 PG 1945, Page 31 of 31 • Y DAY14 JAI AL42 �• LW:AL OtScaIPT=oN TSa L t of the tea } of the NE t of the St }; the V } of the NE t of the Nt At of ch. SE k. the r } of the Sw } Of the NX } Of the 3E k; sr.d the 11 y e( the SE of the NL } of she SE} Of Section 30, Tawosbip So sourb. Range 42 test gas cofth 20 acres. cote or lots..Slth)eet to a Parpstual' and e=cluslve right-of-way for Puhlic read pvzpneea over and upon the following described imd; to-wl.t: The E .y of the SW % oe the NEkof the SE} and the wkatcbeSt}of the RXhofthe SE t of Section 3A, Towbehip 50 Snuth, Range 42 East, said right-of-way being a aer(p of IA" 74.SA feet vide oil the i West end and a2.73 fast wide :m she east and, off Of the em+eh .side of the abT a described tract of Land and containing I,26 acre, more or'ess (seid properly to broverd Camty, Florida). o Jcriptl ^n^ 3ro-.a rd=PL Document -took. Page 38953.1915 Page: 31 of 31 CFN 4 104679578, OR BK 39953 PO 1944, Page 30 of 31 al/21/2003 15:09 554-527-al4a ARAG 4 ppr; 02 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OMSION OF PARI-MUTM WAOERIN43 Lfoeaaa 0281- Amandmsnt A WHEREAS S 1MMERSPORT ENTERPRISES. LTD has been 9m ad and is the rodUl and JAMU halderd a pamM to oonaW JAI -ALAI at ttw kcadorl dexamd in said pwmt; wfth pork was duty Wanted m~ and itatdt ryxlattc M and wnvoW as provided by tine par AW Florida Stahrtss and WHEREAS sod pattnM ntw has made agplkaUon for doalaa for Aa ssaacn of 2064- N acccwddarr e WM tse law and UM Ades and tay dOfta of the OAdtton o/PadalM" Wegwbg and has Am&MW bond as n"*%W by few, now ftretbra as 1r)ox" aw sumAmRsponj ENTERPRISE& LTD. is hereby granted a Ucenaa by the Dhialon ct ParF4Ar(4rof Wagering to opar ste mt aa/d locafbn on the Altbw*V dates: DARK ON: AI Mondays (-rapt September e, and Ortoba 11, 2W4). ALSO DARK September 14, 15, 18, and November 2A 2004. 104 - EwdnW per& 43 - Maumee with sussing pwlbrm&vn an a4 Tuesdays (axm$ WI Sa4adays (except 2123/2004� and on FAday,11128/2004. 24 - Matinee Only parfonrrnoes an as Sundays and on Monday. BID and 10111/2004. 2 — Charley podormwmc evening d 9/U/2004 and matlnae performance on 9/2SWU. 1T1 ROG"PS*MMhcea 173 Told Performances Subioct aAvaya to 04 Pmvi3 ua deny and 4U laws of ft State of Fkrfdo and Ohs appambb /trios "regulations of the Derision ofpsri-Mufus/ Wa.grering. lasuad and dafod at Taffahaasee, Flonda, this �2 day orseawnbo m. / ohision of PAH-m rrwl W rbtg �v BY- , Da 3. Roberts, Dirocror Deaariptfm : _nv,:d,_'L Do. =i,t-3ook.p3ga 37953.1915 page: 30 of 31 0"4.,. 2 14 1 TIG r.,.m�,.r. ORDINANCE NO.2007-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach, Florida ("City") is authorized to adopt this Ordinance under the authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and other applicable provisions of law. Section 2. That it is found and determined that: A. Carr Residential, LLC, a Florida limited liability company, the owner of 100% of that certain development within the City commonly known as Aqua Isles (the "Property"), has petitioned the City to form a community development district for the Property within the meaning of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") as a reasonable and appropriate method of providing the infrastructure to serve residents of the Property. The District would be known as the "Aqua Isles Community Development District" (the "District") and the boundaries of the District would be coterminous with the boundaries of the Property. B. The City has conducted a public hearing on the Petition in accordance with the requirements of section 190.005(1)(d) and has considered the record of the public hearing and the factors set forth in section 190.005(1)(e) of the Act, among other factors, and finds that: 1. All statements in the Petition have been found to be true and correct; 2. The creation of the District is not inconsistent with any applicable elements or portion of the State of Florida's comprehensive plan or of the effective City comprehensive plan; 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; 4. The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special -district government. C. The City now desires to grant the Petition and to establish the District, as more fully set forth in this Ordinance. Section 3. That the City grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the "Aqua Isles Community Development District." Section 4. That the external boundaries of the District shall be as set forth on Exhibit "A", attached and incorporated by this reference. Section 5. That the five persons to be the initial members of the Board of Supervisors of the District, each of whom is designated in the Petition, are as follows: Name: dames Carr Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Oscar Barbara Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Harold Eisenacher Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 2 ORDINANCE #2007-008 Name: Lisa Eisenacher Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Albert Sanchez Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Section 6. That pursuant to section 190.012(2) of the Act, the City consents to the exercise by the District of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities within the boundaries of the property for (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including fire stations, water mains and plugs, fire trucks and other vehicles and equipment; (3) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies, except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (4) control and elimination of mosquitoes and other arthropods of public health importance. The foregoing powers are in addition, and supplemental, to the powers which the proposed District would be entitled to exercise pursuant to Sections 190.011 and 190.012 (1) and (3) of the Act. Section 7. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. 3 ORDINANCE 42007-008 Section 9. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on April 10, 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR —COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: fto THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE 92007-008 EXHIBIT "A" EXTERNAL BOUNDARIES OF THE DISTRICT LEGAL DESCRIPTION BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01146'18" West on the West line of the Southwest one -quarter (S.W.'/4) of said Section 30, a distance of 886.69 feet; THENCE North 88113156" East, a distance of 528.68 feet; THENCE South 01°46'18" East, a distance of 925.96 feet to a point on the South line of the Southwest one -quarter (S.W.'/4) of said Section 30; THENCE North 87°31'11" West on the South line of the Southwest one -quarter (S.W. '/4) of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County, Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,059 square feet (10.35 acres), more or less. 5 ORDINANCE #2007-008 PETITION TO ESTABLISH AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT January, 2007 {00004470.00C v.1 8/8,2006 07.47 PM} BEFORE THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA IN RE: AN ORDINANCE TO ESTABLISH THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT PETITION Aqua Isles by Carr Residential, LLC, a Florida limited liability company ("Petitioner"), hereby submits this Petition to the City Commission of the City of Dania Beach, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located on the north side of Griffin Road at S.W. 40`h Avenue in the Dania Beach, Florida, and contains approximately 10.35 acres. The general location of the proposed District is shown on Exhibit 1 attached hereto. The metes and bounds description of the external boundaries of the proposed District is set forth in Exhibit 2 attached hereto. 2. Landowner Consent. Attached hereto as Exhibit 3 is the written consent of the owner of 100% of the real property to be included within the proposed District. 3. Name. The proposed name of the proposed District to be established is Aqua Isles Community Development District (the "District"). 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: James Carr Address:1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Oscar Barbara Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 {00004470. DOC v-1 8/8/2006 07 47 PM Name: Harold Eisenacher Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Lisa Eisenacher Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 Name: Albert Sanchez Address: 1560 South Dixie Highway, Suite 211 Coral Gables, Florida 33146 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 5. Existing Land Uses. The lands within the proposed District are currently vacant and are zoned in the PRD-1(Plamred Unit Residential) zoning district, as set forth in the City of Dania Beach Zoning Code. 6. Future Land Uses. The proposed development of the lands within the proposed District contemplates the construction of 127 townhouses and 20 docks. These proposed land uses are consistent with the state comprehensive plan, and with the City of Dania Beach Comprehensive Plan, which designates the Property as Low Medium (10) Residential as shown on Exhibit 4 attached hereto. Exhibit 5 attached hereto shows the proposed development plan for the lands within the District. 7. Major Water and Wastewater Facilities, Exhibit 6 attached hereto shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit 6 also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. The Petitioner presently intends for the proposed District to participate in the funding and construction of the following described improvements: (a) Surface water management system; (b) Water distribution system; and (c) Wastewater collection system. {00004470DOC v_1 8/8/2006 (7.47 PM) 2 Exhibit 7 attached hereto sets forth the estimated costs of construction of the improvements Petitioner presently expects the proposed District to fund, construct and install. The proposed timetable for construction is shown in Exhibit 8 attached hereto. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory Costs. A Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes, is attached hereto as Exhibit 9. 10. Petitioner and Authorized Agent. The Petitioner is Aqua Isles by Carr Residential LLC, a Florida limited liability company, whose address is 1560 South Dixie Highway, Suite 209, Coral Gables, Florida 33146. Copies of all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. 888 S.E. 3rd Avenue, Suite 301 Fort Lauderdale, Florida 33316 Phone: 954-764-7150 / Fax: 954-764-7279 Email: dlyles(a�bchlm.com 11. This Petition to establish the Aqua Isles Community Development District should be granted for the following reasons: a. Establishment of the proposed District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by the City Commission of the City of Dania Beach, Florida. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. {00004470. DOC v. 1 8/8/2006 07,47PM) 3 C. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without financially impacting persons residing outside the proposed District. Establishment of the proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the proposed District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the proposed District services and facilities in the future. e. The area to be served by the proposed District is amenable to separate special -district government. WHEREFORE, Petitioner respectfully requests the City Commission of the Dania Beach, Florida to: a. Hold a public hearing to consider the establishment of the Aqua Isles Community Development District in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; and b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Aqua Isles Community Development District. SUBMITTED this I? day of �6; c4Qr"y , 2007. Aqua Isles by Can' Residential, LLC, a Florida limited liability company A By: Print: oV eila-4er Title: 100004470.DOC v.I 8/8Q006 07 a7 PM: 4 EXHIBIT 1 LOCATION SKETCH {00004470-DOC vA 8/8/2006 07 47 PM) r.._ • THIS ;77 PLAT---L-GRIFFIN ROAD 1595 FT.LAUDERDALE/� HOLLYWOOD INTERNATIONAL AIRPORT LOCATION MAP °' CaW G6w& o t RaocW m be c,4 kweym Plalw 190Y all— U.h.. 9W WD F.A IeuEmAel.. Moe" 9991E CmU .' , Au1Lm{yUuo No. 18 0791 NOT TO SCALE LEGAL DESCRIPTION AQUA ISLES PLAT CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA C6 M T. S. a,E )7-11--20 PFWER No SNEEf 04-4925 1 c1n n1c EXHIBIT 2 METES AND BOUNDS DESCRIPTION {00004470DOC v.18/S/2006 07.47PM} LEGAL DESCRIPTION: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01`46'18" West on the West line of the Southwest one--qquarter (S.W.a) of said Section 30, a distance of 886.59 feet; THENCE North 88°13'56" East, a distance of 528.68 feet; THENCE South 01°46'18" East, a distance of 925.96 feet to a point on the South line of the Southwest one —quarter (S.W.4) of said Section 30; THENCE North 87°31'11" West on the South line of the Southwest one— uarter (S.W.4) of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County, Florida. I Said lands being in the City of Dania Beach, Broward R County. Florida and containing 451.059 scuare feet (1n it acres), more or less 4 �ord'11D�Be 0a" LEGAL DESCRIPTION NµE FHOEC N @fA�J,,-&Own Surews vb N. T. S. 04-4925 AQUA ISLES PLAT -- -- -- <�w °M. �° M .4� CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA o,_ _loos , a, s EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF eofn - I)Od e. On this day of rU 2007, personally appeared before me, 60roid 6,5E aLkA an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1. Affiant is the f - Aof Aqua Isles by Can' Residential, LLC, a Florida limited liability company (the "Company"). 2. The Company is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property") 3. Affiant hereby represents that she/he has full authority to execute all documents and instruments on behalf of the Company, including the Petition before City Commission of the City of Dania Beach, Florida, to enact an ordinance to establish the Aqua Isles Community Development District (the "Proposed CDD"). 4. The Property constitutes all of the real property to be included in the Proposed CDD. 5. Affiant, on behalf of the Company, hereby consents to the establishment of the Proposed CDD. 00004470.DOC v.1 8/82006 07:47 PM 1 FURTHER AFFIANT SAYETH NOT. I Subscribed and sworn to before me this -7— day of knuC� u 2007, by Aarold �i5en(ac&Awho personally appeared before me, and is personally known. TERESA A. TOW Notary: ?^✓'�"��sl NdyyPAC -SteledPbwe �P=MY cap Print Name:XWO By Notary Public, State of Florida 00004470-DOC c.l 8/8/3000 07 47 PM F Exhibit "A" to Affidavit Legal Description of Property {00004470. DOC v_I 8/8/2006 07:47 PM) LEGAL DESCRIPTION: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01°408" West on the West line of the Southwest one—qq�uarter (S.W.4) of said Section 30, a distance of 886.69 feet; THENCE North 88°13'56" East, a distance of 528.68 feet; THENCE South 01"46'18" East, a distance of 925.96 feet to a point on the South line of the Southwest one —quarter (S.W.4) of said Section 30; THENCE North 87"31'11" West on the South line of the Southwest one— uarter (S.W.4) of said Section 30, a distance of 530..14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County, Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,059 square feet (10.35 acres), more or less. C- j m SGN PP04 4 SNfET En_& LEGAL DESCRIPTION N. T. s. o<—s2s 2 'F 'v" p"� AQUA ISLES PLAT d 1BM IDm Orl��, 9Wt� OW f PL oe B6�.921-TlBll�)ez 6W,BL.�' V! MiE V11 fll£ M.. M Val CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA 0�-11-2006 7 o s EXHIBIT 4 FUTURE LAND USE DESIGNATION (00004470. DOC v 1 8/82006 07:47 PM) V V C z o vi — ar _ m 'v b 70 �JJJs.0 Ono iV d + cn f a } l�S f � + n s a # K � -... �s e w a y�a�y x '; Pfter` e•,.SY�J�N /W r iurt"i ��h*^��75,yen�A�S aqF 11 VJ "'. •1���� ry�g. ry T' n s(r• d � ri i{ti f�0t P�5"d31 t'tj k EXHIBIT 5 PROPOSED DEVELOPMENT PLAN (00004470-DOC v 1 8/8/2006 07 47 PM } i ■ ■ •-.-,�-."w.`°��'.W�� Who oho m'1 EXHIBIT 6 MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS {00004470-DOC vJ 8/8/2006 07:47 PM) 'TA Ie,„p JPT 15. .j y�'f CJ Q L� C71�1 3 I � fl-��E3-0-C}❑ , � -C�' ❑ Ef,=F Ei ��' � � --- — I N IL ,E• llf _'L �`F i,�-1 Jii �..I[;�LI{P� f!!IFa�IFE eP r ❑Ili'Q�i 4 ffi 1f �' 1 1 �6"''� Inc y !e ❑1 �b:i L1'�,,,,❑III: ��91.,„� �l_� If—jjSS��pp ' � Il 1, �• �I � s ❑I I ee p� �, (. 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'aY I' SY:Ep:I�[�5�i�7 1 lit n_ Y JSYY CRI 1N ROAD Itu 1 i EXHIBIT 7 ESTIMATED COSTS OF DISTRICT IMPROVEMENTS Surface Water Management Water Distribution Wastewater Collection Total Estimated Costs $ 661,770 S 441,049 $ 955,960 $ 2,058,779 '00004470. DOC v 1 8/8/2006 07.47 PM} EXHIBIT 8 PROPOSED TIMETABLE FOR CONSTRUCTION OF DISTRICT IMPROVEMENTS Stormwater Management Water Distribution Wastewater Collection Start Date Noi ember, 2006 No%ember, 2006 November, 2000 Completion Date June, 2007 June, 2007 Junc, 2007 � 00004470 DOC , J 8 8,'_ 000 O 47 Pil l EXHIBIT 9 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Aqua Isles Community Development District ("District"). The proposed District comprises approximately 10.35 acres of land located within the City of Dania Beach (the "City"), Broward County (the "County"), Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Aqua Isles Community Development District The proposed District is designed to provide community infrastructure, services, and facilities along with certain on -going operations and maintenance to the Aqua Isles Community Development District. The Aqua Isles Community Development District will encompass approximately 10.35 acres. The development plan for the proposed lands within the District includes the construction of approximately 127 residential units and 20 docks (the "Development"). All are authorized for inclusion within the District. A Community Development District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community -wide infrastructure in planned community developments. CDD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a), F.S. A CDD is not a substitute for the local, general purpose, government unit, i.e., the City or County in which the CDD lies. A CDD does not have permitting, zoning or police powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the proposed Development herein. The scope of this SERC is (00004835. DOC v 1 12/7/2006 12.17 PM)2 limited to evaluating the consequences of approving the proposal to establish the Aqua Isles Community Development District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agencyl, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (The City is not defined as a small city for purposes of this requirement.) (e) Any additional information that the agency determines may be useful. (0 In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Development described herein is an anticipated planned community designed for up to 127 total residential units. Formation of the District would put all of these households under the jurisdiction of the District. It is not anticipated that anyone For the purposes of this SERC, the term "agency" means City of Dania Beach and the term "rule" means the ordinance(s) which the City of Dania Beach will enact in connection with the creation of the District. {00004835. DOC , 1 12/7/2006 12.17 PM13 outside the District would be affected by the rule creating the District, although the State of Florida, the City and County would be required to comply with the rule. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed will encompass less than 1,000 acres; therefore, the City is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the District will be required to pay an annual fee to the State of Florida Department of Community Affairs, which offsets such costs. City of Dania Beach The proposed land for the District is in the City of Dania Beach, Broward County, Florida. The City and its staff may process and analyze the petition, conduct hearings with respect to the petition, and the City Commission of the City of Dania Beach will vote upon the petition to establish the District. These activities will absorb some resources. The costs to produce the record of the City Commission hearing, the transcript of the hearing, and the ordinance adopted by the City Commission will be offset by the filing fee required under 190.005(1)(b), F.S. These costs to the City are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs to the City are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning charges that are far more complex than is the petition to establish a community development district. The annual costs to the City because of the establishment of the District are also very small. The proposed District is an independent unit of local government. The only {00004�35. DOC v 1 12/7/2006 12 17 pm } 4 annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the local governing authorities. 3.2 Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the planed Development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, the City, or any other unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs are likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The proposed CDD intends to finance stormwater management and control systems, including earthworks and landscaping, and water distribution and wastewater collection and transmission facilities. Table 1. Aqua Isles Community Development District Proposed Facilities and Services FACILITY FUNDED O&M OWNERSHIP BY Stormwater Management CDD CDD CDD Water Improvements CDD CITY CITY Wastewater Improvements CDD CITY CITY CDD = PROPOSED COM_MLNITY DEVELOPMENT DISTRICT; CITY = CITY OF DANIA BEACH The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $2,058,779. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad {00004835DOC, 112/7/2006 1217PM)5 valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program outlined in Table 2. Prospective future landowners in the District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non -ad Nalorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City/County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole forni of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the City's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. )(M(4s1I. DO( � 112;72000 12.1-,P%l,6 Table 2. Cost Estimate for District Facilities CATEGORY COST Stonnwater Management $ 661,770 Water Improvements S 441,049 Wastewater Improvements $ 955,960 Total Estimated Costs $ 2,058,779 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid many of its contracts. This affords small businesses the opportunity to bid on District work. The City has an estimated population in 2000 that is greater than 10,000. Therefore the City is not defined as a "small' City according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. 00n04535 DO< , J 12 7 30u6 12.17 PN1 t 7 APPENDIX A Reporting Requirements Florida Special District Handbook APPENDIX A: REPORTING REOUIREMENTs AT A GLANCE Submission Requirement Statutory I Rule Reference Applicable Special Districts Due Date `AAuDiToR GENERAL, LOCAL GOVERNMENT SECTION Room 401, Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450 '1[ Pec,fl (IL't[kJ" ailh rxpelxlduras of than "IX, Cl•7 ",) :III special dl-'tfir ts "'Ith Ani u'llly A11,11 4" IOC' OG1i.DU jjjal IC11 dads 'IftE[ delrrery of been mjhjer I'd IC j the ziudil report io the Se(Awli 21�' t1lion'.1,11 tIli, Annual Financial ChjplH[ ltPj�", 1'. edlll� I 11�' A "tit n, IAi than I., ninfiths lq-?t fiscal Audit Report 0v;" v yEar en I Ttr, Handbook Si?nii'i�pendenl di-stl ICt that I -orill, iI-,E,.[ it oqpi'ti of 111" annu-Il iinit if a (-.w1% )f fllld'1CIal jljdf `E['(:)Tl Illuillopalliv way filost be SL;llwltl,-d Ir, t-A an aIILLJII tltl, 11011 the Zltlditfir ,itldlt l",' tlelll(j ]I)( LAIEd I[) the aUdIt,4 thdt I - )LIlt, "I linuillop'llit, jlSljdl 111'19Ilcp5 that llurlit nlus'1 clearly stale that the romponEnl unit of the county of ruwiit:jl).jht, Abbreviations: F.A.C. = r', , , C d' F.S. - Fk,, A-1 100004470 ITAI v 1 8 8 20W, 07 47 PM � Florida Special District Handbook Submission Statutory 1 Rule FReference Applicable Special Due Date Requirement Districts DEPARTMENT'OF COMMUNITYAFFAiRS, SPECIAL. DISTRICT INFORMATION PROGRAM. 2555 Stuart Oak Boulevard, Tallahassee Florida 32399-2100 Creation Documents and g,l tinn 1 41 ti dhnr >0 �h1s a er Amendments, Handb_� k SF t n'- 4 nil .t -cial Ir tricta_ 2d�ptwn al 1 n_ al. including Codified Act, if applicable Within 30 days .after Written Status S iucii 139 41 ' F 3 ..II special .listricts adoptlun + approval of Statement Handboe4, S-�t urt ' - 4 crealion-iocument. ';^2itlmr �V 17ys of the Dissolution 11 '"'Win 1K-4(42 FS All-per:ial effe—(Ijve Documents Handb,,oll, SrOi, iii 4 date Section 1 e14 41l%, F c_ hhthin 30 days of [he Merger Documents S�Jon 189 41,42 All special dutrrcta merry I ti eriective Hanclh,,ok SecDo„ _ 4 Special District Map Sei lio n 184 41 , F S All special :li_,tricts �`;rthin [days after and Arnendrnents Handbnok Sectors l - 4 adnpho ri ap1>rr3val. Annually. by Ilia dug Special District Fee S-rlir n 189.427 F S d ilr on the Form Invoice ($175.00) Rd n ,•t 00' FA C N1 ,pedal di,,triets_ (sent to all �1 eri al and Update Form Handbool: Sec!!� r. t - districts around vctobsr 1'� Registered Agent 1894I F_; %I!hin 30 days after and Office Initial S coon 1 ,? 41 ES r11 �pecisd li:tlir_L the fu 1,t 1 werniaLI Designation Handbocb: Sedi i, huarcl meatri Registered Agent S(tnn7,9.41� F.S r bay two I K, � -. All ypectal di,uirts {1po�tmakinfthe and Office Changes Handbal; SF[D.:n I chancre. Disclosure of Public Section h„n 1 GCS. rl �'!. F S - .III (_.omII)Ot U::elopnlent Districts. At all limas public frlan .Irla Is imposed Financing Abb rev lationsf F.A.G. = r" +i+am: ,., pr ,._.rwr_ rr.o. — r ii. vu _... A-2 f00003342 DOC c I Si31 21,0� 04.25 `Mi Florida Special District Handbook Submission Statutory i Rule Applicable Special Due Date Requirement Reference Districts DEPARTMENT OF FINANCIAL SERVICES, BUREAU oFACCOUNTiNG 200 East Gaines- Street, Tallahassee, Florida 32399.0354 All H num 1 Hllh4rihe;: .Annt1 ilv %11nin 12 Annual Financial xuun 1�. 11 �- II nrlel: n nepecwl mnnths of f1ce.:11 Report ::Ith a rop/ of 5 11 •n 21� 1 r cntncla. II 1r('erTJerd en9 r i �- rnl 45 - IN? Annual Financial 1`e0on 21~i F. S,. {. _aal dlsu , ty that dr - d3vti f aidit rent{ Ie0hn h' rn:• ut Report Audit atditied if rvgmred H n(lbook r t on 2- 3 [)')1 wits ct .,udn 1, roquireU. file localrinmuntat elily. DEPARTMENT OFFWANcoi. SERVICES BUREAU OF COLLATERAL MANAGEMENT o- 200East Gaines Street, Tallahassee, Florida'32399-0345 - Public Depositor Annual Report to 'IMP 1' r S. Annu dl; Uv the Chlef Financial 11�01: HaudhaoF; .S=�llnii s All;pec111 ai..tncts. NJJt rnlPwr '0 Officer (Form DFS- J1-1009) Execute at It 11111E Public Deposit of •,peeing the Identification and pen 25L 1 .S aocauld 3rrd IFeep un Acknowledgment Handbook 1 - �,II sp,I d1 UiJ ;. Ole ubmlt -)nip ut Form (Form DFS- ca>e )f drfaull of the J1-1295) quahfi-d public depo3itOry Abbreviations: F.A.0 F,.r ,- 4 , r.n, e - .r= F.S. r mda SCI^ses A-3 100003342.DO(.. 1 831 2005 04281'M1 Florida Special District Handbook DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT Bureau of Local Retirement. Systems, Cedars Executive Center, Building C, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560 Actuarial Impact Section 112 C+s r S ?,n,; 5pea�J diatrct Statement for Rule Ghapt�l %fJh-n -on,Wd nn_<_I Proposed Plan GOT-1 0()1. EA L U its detllwd baneft plan eh owes Amendments Handbook. S-Mion 2 - G rk-tiren)ent plaiii. n 112 63 F hin 1 C d ays A fh Defined Rul 5prcial dlsnu to 'Mh repuuny p�-nods Contribution Report (iOT 1 OC4 FH ;. 1�fuied+?)ntllhLltlon pl nas. enduig date Han Ib )k Se� 2 - .i Seltwil I1'_0.$ Fri p (ial lr,iiI,P' .'lth At rht e"ery three Actuarial Valuation Rule I tiapt2r laf lied beiieht i�Ur -bent Yeas ithin 60 lags Report 60T-1 FA !' lrlans cf cornpletic,n H9ndbnOk, J-rtibn " DEPARTMENT OF REVENUE, PROPERTY TAX AOm sTRATION PROGRAM;, TRIM COMPLIANCE I SECTION P.O. Box 3000, Tallahassee, Florida 32315.3000 Tndh-In-Millaye SacUc n 2'�G Q 9 F S Tel -iI diti4Irto that can xes Irut :1111 not d`) grow all, b < Form DR421 H.unlbook Se tir[1 3 - I ,� durirxa thr ;ear Novemhar 1 Nc later than 30 days Truth-in-Millage ,Iof Section 01 Speuiel di'tnl is levyin I Compliance Package Report Handbook`;e�U�n, 3 I rpeltytar,e,. drlpta�n ntihe pri>I;,,itytaglevy ordinarv::e;resplu[on '. COMMISSION ON FrHlcs P.O. Drawer15709, Tallahassee, Florida 32317.5709 B: epon? required to fit? By the last clay of the FL r?cei'diny a rii t crdendar qu,tirter Quarterly Gift 112 314Y, F S "Wll 0v-r;100 rrd Rdlrn+nog any Disclosure (Form 9) Handbook .S'e :ton 3 - 1 unless thr- person did nut calendar quarter in [FCeroe any gifts .-L11in_.1 :which a reportable tFe calendar rluarter gift ,vas received Abbreviations: F.A.C. = :e F.S. = Flw da Sruutes A-4 f00001142. IX)c,. 1 8312005 04:28 Pp11 4 Florida Special District Handbook Submission Statutory / Rule Applicable Special FReference Due Date Requirement Districts LEGISLATURE PRESIDENT OF THESENATE (Florida Capitol, Suite7409, Tallahassee, Florida 32399-1100) SPEAKER OF THE HOUSE OF REPRESENTATIVES (Florida Capitol, Suite 420, Tallahassee, Florida 32399-1300) and EACH APPROPRIATE STANDING COMMITTEE OF THE LEGISLATURE Certain `.j, i:il Di5tw,lt Inuial by Ulohl r 1 A enc Rule Report g y P t, n 12r 4 F S itharkly f Ides r,ee I< 17 then by H�mdbu �k 1, n 1 - 4 Hnndb: r i ', ction 1 - 4, U,.duber 1 of eery 1;3gt 1UI. other year thl-reaft,t SPECIAL DIS TRICT'S GOVERNING BOARD MEETING MINUTE RECORDER Memorandum of Voting Conflict for ti>.-r191 Di�ur. t Local '+''+iv County, Municipal, S101on 112 1143. F,'3 {fivers rtlh doting in 15 clays after and Other Local Hindbouk t m 3 - 1 1,I�nfll�a, thr �t-occurs Public Officers (Form 86y SPECIAL DISTRICT'S GOVERNING BOARD MEMBERS (EACH MEMBER Actuarial Valuation Sr ;ces Or,I cr,�t FelaP�:ela. Report Annual Financial Audit Report Abbreviations: F.A.C.F,:-rn�, F.S. = r_u Idar > ,rates A-5 {00003342.DDC , 1 8'1120U5 U4.28 PP1) Florida Special District Handbook Submission I Statutory I Rule I Applicable I Due Date Reauirement Reference Special Districts file Budget or Tax Levy Public Facilities Initial Report Public Facilities Annual Notice of Any Changes Public Facilities Updated Report Registered Agent and Office Initial Designation Registered Agent and Office Changes Regular Public Meeting Schedule GovERANNO AUTHORl7YQESfiLOCAL GENERAL-PU place they designate; If court (ies) file with board of county commissioners) SFf hull l°1 :� Y, F.J. HanJbn;rk .>e._liorl � - 2 ,S :Ai rrl 11i.J 1 r'1. F.: Section 1 -� 1 I'-12',. F S' F;ule Chssl-1 9J3c Fa:; Hands>ool:. Sertlon 1 - 6 Sectia'i1S,4IS11 Fti Rule Chs,t�l 4 1 .13 F H rndl;,,.,4 a;6on I - u Secli n 1' 41;,cyai FS rules hat ;r cU F + I Handhool . erlion 1 -G -41:pendia 6 Sachem 13941i,. F.S. SE,-tl6n 1 4'F 17 Handk ,,t. '- ti m 1 Settlun I PA l6, ES �e�tirnl 141H ES. H �ndbeo� r II it tieClrSn 13e 41 7 F S Srchnn 1 ":9 410, F S Handt, ,)l ..lion F.A.C. = F-o ,::,,i k:hn:, All spy ell dish leis Indeli�n lent s{:erird dlstridn .Sre Hai idhooh SQr:IbJ11 1 - 6. prgle 31 I I n;le{ienUen( sperierl :11stricls Handhobl, Sech"m 1-6.1)age311. IndaP�n^ _ nt >perial 1uln-ls. :_, ee Handl, 6-�ec11Un t - l3, page 31) All spe i d lletmts. All spy Ial dislncis When requested. 1-lo, l le to the Inc;l 90vatmuq authority ttlthlll the d1SU ICl s b�,UtfldlIts Vvithin I llle year r,,( the sleaal rlisincl s creaton Annually. Contact each I -oral aaiaral- pllrtiJ�f1 gnA'e nlilent for the due date E :'ell' fine year~ d[ Ieaht 12 months hefore the clue date that ea;h local i6n2rd-pUrpoSr l]t VPri1171P nt n1u61 submit It, P11)orl to the De(Llnmenl of Q7nmwnih,- ~flails See nppendic E 'e`iithin 3G ddvs .after the first I'�. ernlllel bcar� m-tmy Upon making the chanhe i]Uellal r/. All speclal di0lcts nr a nnvally t;,e CT;rre. F.S. = Flu ,da Sta,.rrs A-6 (00003342. DOC ,_ 1 8,31:2005 0428I'Ml 6 Florida Special District Handbook Submission Statutory I Rule Applicable Special Due Date Requirement Reference Districts SPECIAL DISTRICTS LOCAL LEGISLATIVE DELEGATION Draft Codified Se tuo 10 42' F "II tipecial dititwty Charter as a Local Ha)(R)O ,K 5 rune q m ne than c ne 1 " ;+l Gucenl! er 1_ 2i+G4 Bill hct $PECIAL,DISTRICT S RESIDENTS AND PROSPECTIVE RESIDENTS AND RESIDENTIAL DEVELOPERS. (GIVE SUFFICIENT NUMBER OF COPIES TO THE DEVELOPERS FOR DISTRIBUTION TO EACH PROSPECTIVE INITIAL " PURCHASER OF PROPERTY) Disclosure of Public Sectinn 1 +iliiG9 F,5 All Comnuuiit � Al tnrie� public Financing Developlw?N Districts mg is imposed STATE BOARD of ADMINISTRA T(oN, FINANCIAL OPERATIONS 1801 Hermitage Boulevard,Suite 100, Tallahassee; Florida 32308 All special d Mii,:ts At I'ib tune d m.§Y,iixt Investment Pool n ,sunpl fuels :;pith the all, chDn_le, or Systems Input Hendh,ok Seui r, 3 G tit itr Board of npdalAs to the Documentation Aonnistration ,rL���eal ac,rount. (;ovemment Trust Fund. All special districts Resolution for Seuiun L15 4C7 F.S °1 "ding fund,; ,:pith the At the Ume ut nveshnent of Handbook Stu )n -„ St-ite Board of nvestin surplus Surplus Funds h inunieVatwn or Local funds i3o,:Hnmenl Trust Fund. Abbreviations: F.A.C. = [title, F.S. = Ronda Matures A-7 100003342.DOC N.1 8;31.2005 0428 PM Florida Special District Handbook Submission t Statutory / Rule Applicable Special I Due Date Requirement Reference Districts STATE BOARD OF ADMMISTRATION, DIvisioN OF BOND FINANCE 1801 Hermitage Boulevard, Suite 200, P.O. Box 13300, Tallahassee, Florida 32317-3300 Before ,ellin( i certain neneral � �bhuatioi � Advance Notice Secnon'21r `. _ All $PeCol disrjcts as bonds & rr;anue of Bond Sale Handbooe, 5 'jppbcable. bon is orckisirig on am, FII111Ier i,llQ-teI'nl debt uulrnimenis. Bond Information Sactien 18.1 4' F.S. All sperol districts sa V"'11hin 120 deys after FormMond , Sactim 21E �c ES applicable Neea bond deli ety n1 general Disclosure Form Handbook ��cticn 2 - 5 Issue" onl.' c,l lidatien bonds and (BF200312004A & B) le;rriue honcts ithin 4 daIy of the ',al Bond Verification Handbook S�rtivn 2 - 5 All specidistricts as HI isn of Band Form (BF2005) nppllcabl11 Rnance, I<qu<. t Final Official ,eown'21F s�. F.S. All speu�l districts as V',nhn 12r) darsaft=r Statement Handbook S�cu�n 2 - 5 appll(abla drli e1y rsfthe I urnis. (Bonds) it prepared. Sactic.n 15S 345; I1. F_ th the Bond IRS Form 8038 Section 154 47Sl1j. F.S Industrial Dezelopment or Infbrrnatic)n Form & (Bonds) Sechun 1547C55. r S Resealrli and Offfinal Statemenf. If Handbook s�� tic n 2 - F De elopnlent Bonds an, is published. Abbreviations: F.A.C. = F�'c�+ cira Acnai;ss!ao de Code, F.S. = F1ar.C, Statutes M t00003742-DOC,-1 8,31 2005 04,28 PN11 Florida Special District Handbook Submission Statutory i Rule Applicable Special Due Date Requirement Reference Districts SUPERVISOR OF ELECTIONS (LOCAL) In the. County of the Reporting Person's Permanent Residence III �{;�:iad 1 tri;a local Within t�, d,ys of offs r:ar�', 1' iinle,i I I de'aptut_J tli. t .speri it till ri a grpoui0o-nt. than Statement of Simon 112. 1 �. di,tn t Irani ei � eai thara%titer - I. yJuly 1 Financial Interests Handbook Section i 1 - III opecial I-_.trl,t lo..,il Dwiuq tine quahf.;ina (Form 1) r,fOr-er; rlr Ci ell heri old. iheii to 1 ,peel .I rhsiriia s re'ery tsar lhele�,ftar hard byJul, 1_ Final Statement of nil S,eual Ali to t I:cal in i r Jays of Financial Interests Section 112 learinu a puhla; (Form 1F) Handbook S�r.tlon 3 - 1 Io file Folm I and ale poslron laadirog z11-.ublic. position No Inter fhan the lost Certain special ciislnct day of the calernlai Quarterly Client Section 112.:: 14Fti r Ipcal offlrrrs, dependim.f quarlei iha Disclosure F.S upon then r.rsinon. calendar auartar (Form 2) Handbocl. Sect:, It 3 - 1 lu,inas,: 1 int-r=st; isee Bunn] +high Ihr H rindbuO,'action - 11. tepi anFation ';,'as Iliad° Annual Disclosure of Gifts from Governmental All special dIst[I"t local Entities and Direct Cann 112 14�` S. ofGcels r:ho file Form I Support SeI,ncn I I z i14 FS i1 1 :vh, I-o�j,d a An w211y bg July I_ Organizations and Handb-iok 6�ctie�It 3 - 1 r p rlablrgillorexpense. Honorarium Event Related Expenses (Form 10) SUPERVISOR OF ELECTIOM$(LOCAL) ?: In the County in which the Special District of the Reporting Person has its Principal Office - Intmpe in S`echon 112 iI , 121{e) t rl;,m 51 �rl d sIrwl Befoia or at the urre Competitive Bid for F S u,al ofhc 1¢ iSPE of the sul.mtission of Public Business Handboob. Suctloii 3 - 1 Handboc+ Cron 3 - 11. Sa the bid. (Form 3A) Abbreviations: F.A.C. = F�o,.a F.S. = rra,,da A-9 {00003142. DOU r.1 8 _11.201)5 04.28 PM) (� LAW OFFICES BILLING, COCHRAN, HEATH, LYLES, MAURO & ANDERSON, P.A. POST OFFICE BOX 21627 FORT LAUDEEDADE, FEOBIDA 33335-1627 GREGORY T. ANDERSON MICHAEL V. BAXTER CLARK J. COCHRAN, JR. ERIC P. CZELUSTA W. TUCKER CRAIG 888 S.E. 3AO AVENUE, SUITE 301 VIVIAN H. FAZIO SUSAN F. DELEGAL FORT LAUDERDALE, FLORIDA 33316 CAROL J. HEALY GLASGOW (954)764-7150 HAYWARD D. GAY FAX (954) 764 7279 JUSTIN D. GROSZ THOMAS C. HEATH KERA E. HAGAN GREGORY M. KEYSER 400 AUSTRALIAN AVENUE SOUTH, SUITE 500 DONNA M. KRUSBE GERALD L KNIGHT WEST PALM REACH, FLORIDA 33401 DANIEL L LOSEY DENNIS E LYLES (561) 659-5970 ALINE O. MARCANTONIO JOHN W. MAURO FAX (561) 659-6173 KRISTA K. MAYFIELD KENNETH W. MORGAN, JR. SHAWN B. McKAMEY BRUCE M. RAMSEY 3001 N. ROCKY POINT DRIVE EAST, SUITE 200 JOHN B. MOORES KEVIN M. VANNATTA TAMPA, FLORIDA 33607 MICHAEL J. RAWELCZYK (813) 281-4671 T. CHRISTINE PEREZ STEVEN F- BILLING 11947-I998) FAX (813) 289-7748 ANDREW A. RIEF PHILLIP W. THRON � / PLEASE REPLY TO. January 30, 2007 FORT LAUDERDALE VIA FED X Louise Stilson 9AN 1 1 7.007 City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Petition to Establish Aqua Isles Community Development District Dear Ms. Stilson: We represent Carr Residential, LLC, in connection with the proposed establishment of the Aqua Isles Community Development District ("CDD") in the City of Dania Beach, Florida. As you know, a community development district is a special purpose unit of local government authorized pursuant to Chapter 190, Florida Statutes. to provide certain infrastructure and services to new communities. In this instance, the proposed CDD would be established for the purpose of providing and maintaining surface water management, potable water, and wastewater facilities for the Aqua Isles community in the City of Dania Beach. The funding for these improvements and services will be provided through the issuance of special benefit bonds by the CDD, which will be paid through special assessments on property within the CDD. Chapter 190, Florida Statutes, also requires that disclosure of the existence of the CDD and CDD assessments be provided to homebuyers within the CDD. In addition, the condominium documents applicable to the Aqua Isles community will include disclosure language relating to the CDD, and a Notice of Establishment of the CDD will be recorded in the public records and appear as an exception to title in each homebuyer's title insurance policy. Thus, homebuyers within the CDD will have notice that they are purchasing a home within a CDD community. Louise Stilson January 30, 2007 Page 2 of 2 The establishment of the CDD necessitates the submittal of a Petition to Establish the CDD to the unit of general purpose local government where the proposed CDD is located, in this case the City of Dania Beach. Accordingly, please find enclosed the original executed and two (2) copies of the Petition to Establish the Aqua Isles Community Development District. The Petition is being filed with the City of Dania Beach pursuant to Section 190.005, Florida Statutes. We request that the Petition be processed in accordance with the procedures set forth in Chapter 190, as well as applicable City of Dania Beach procedures, so that an ordinance to establish the CDD may be scheduled for consideration by the City Commission at the earliest opportunity. If additional information is required by the City, please let me know. Also, please advise me as to the applicable fee that the City imposes for processing the Petition and we will promptly remit it to the City. Thank you for your cooperation. cc Tom Ansbro, City Attorney (wlencl) (00004983.DOC % 1 1 /30/2007 03,44 PM) NOTICE OF PUBLIC HEARING CITY COMMISSION OF DANIA BEACH, FLORIDA For Establishment of the Aqua Isles Community Development District DATE: April 24, 2007 TIME: 7:00 p.m. LOCATION: City Hall — Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida In accordance with the provisions of Chapter 190, Florida Statutes, a public hearing will be held by the City of Dania Beach, Florida, City Commission beginning at 7:00 p.m., or as soon thereafter as possible, on Tuesday, April 24, 2007, at City Hall - Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider an ordinance granting a Petition to establish the "Aqua Isles Community Development District' (the "District"). The title of the proposed ordinance is as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. The Aqua Isles Community Development District is comprised of approximately 10.35 acres, more or less, generally located north of Griffin Road at SW 39`h Terrace, entirely within the municipal boundaries of the City of Dania Beach, Florida. Petitioner has proposed to establish the Aqua Isles Community Development District to finance, acquire, construct, operate and maintain certain infrastructure and community facilities as authorized under Florida law, including, Chapter 190, Florida Statutes. Copies of the Petition, department reports and proposed ordinance are open to public inspection at the office of the City Clerk at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, between the hours of 8:30 a.m. and 4:30 p.m. All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the hearing and present oral or written comments on the petition. Any persons or affected unit of general-purpose local government, who or which wishes to appeal any decision made by the City Commission with respect to any matter considered at this public hearing will need a record of the proceedings. For that purpose the person or unit of general-purpose local government may need to insure that a verbatim record of the proceedings is made that includes the testimony and evidence upon which the appeal is to be based. NOTICE TO PERSONS NEEDING SPECIAL ACCOMMODATIONS AND TO ALL HEARING IMPAIRED PERSONS: In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in the proceedings should contact the City Clerk's Office, at (954) 924-3624 or at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, no later than 2 days prior to the date of the hearing (for hearing impaired individuals call Florida Relay Service at 1-800-955-8770, no later than 5 days prior to the date of the hearing). CITY COMMISSION DANIA BEACH, FLORIDA Bob Anton, Mayor Location Map: THIS;- PLA T FFIN ROAD 1 595 FT.LAUDERDALE( HOLLYWOOD INTERNATIONAL AIRPORT LOCATION MAP NOT. TO SCALE 1 PUBLISH DATES: 3/25/07, 4/l/07, 4/8/07, 4/15/07) CITY OF DANIA BEACH Agenda Request Database Agenda Item # Date of Commission Meeting: 4/24/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: ORDINANCE NO. 2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOO) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;' PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct #: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RA Zoning Regulations: TOD, TOC-1, and TOC-2(SECOND PUBLIC READING) Report Location Map Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C G Community Development DATE: April 24, 2007 SUBJECT: CPA Zoning Regulations: TOD, TOC-1, and TOC-2 (SECOND PUBLIC READING) In March, 2006, the City Commission approved a contract with the Iler Group to prepare zoning regulations to encourage quality, mixed -use, vertical redevelopment in the Downtown area and along East Dania Beach Boulevard and US 1 . For the past 11 months, the CRA Board, consultants, city staff, and interested property owners have been working on the draft regulations. This included three community meetings with notice to property owners within and adjacent to the study area. PLANNING AND ZONING BOARD RECOMMENDATION (March 21, 2007): Approval. CITY COMMISSION ACTION (April 4, 2007 - FIRST READING): The City Commission recommended approval subject to the following changes: a) Addition of definitions for Antique, Consignment, and Thrift Shops (Consignment and Thrift Shops are prohibited in the TOD and TOC districts). b) Addition of Pari-mutuel facilities as a permitted use in TOC-1. c) Single family homes destroyed by fire, hurricane, or other calamity shall be allowed to be rebuilt regardless of zoning designation. This provision will be added to Chapter 28, Article 8, Nonconforming Uses and Structures so that it can apply to all single family homes having a City of Dania Beach zoning designation. ORDINANCE NO. 2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach approved the Downtown Community Redevelopment Plan in September 2002; and WHEREAS, the Downtown Community Redevelopment Plan was approved to guide the redevelopment of Dania Beach's Downtown and adjacent areas as a development model to ensure that the Downtown will grow into an activity center with mixed uses as well as successful commercial enterprises; and WHEREAS, an article to guide this Downtown Community Redevelopment Plan under Chapter 28, "Zoning," by creating Article 21, "Downtown Transit Oriented Development (TOD and Transit Oriented Corridor (TOC) Districts," has been prepared and recommended by the City's staff to implement both the development scenarios and standards contained in the Downtown Community Redevelopment Plan; and WHEREAS, the City Commission desires to re -zone the properties more specifically described in Exhibits A, B, and C to new zoning districts in the amended zoning map of the City of Dania, Florida, as established in Article 21, "Downtown Transit Oriented Development (TOD) and Transit Oriented Corridor (TOC) Districts," as set forth in this ordinance; and WHEREAS, the Dania Beach Community Redevelopment Agency Executive Board, as established by the City Commission, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Planning and Zoning Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: TOD - TOC Zoning Regulations I Ordinance 2007-007 (7) Extended Stay Hotel: A building or any part of a building, in which sleeping units (not individually owned) are rented to the public and which maintains an inner lobby and front desk through which all occupants must pass to gain access. Sleeping rooms or units are accessed solely through interior hallways, even on ground floors. Guest stays are generally 5 — 30 days. Sleeping rooms or units generally have kitchens (i.e., microwave, stove, and refrigerator) for use by the occupants. (8) Building Height: The vertical distance measured from the grade established by the City for the crown of the public street or road at its highest elevation abutting the property to the lowest of either 1) the highest point of a flat roof, or 2) the deck line of a mansard roof, or 3) the average height level between eaves and ridge for gable, hip, and gambrel roofs. (9) Building Setback: The minimum required distance a building must be set back from the property line, street curb or other plane of reference as established in this ordinance, as measured perpendicular to the appropriate plane of reference. (10) Cornice: An ornamental horizontal molding that spans the top of a building's structural beam. A Cornice is a decorative feature that frames or crowns a building. (11) Density: Density is defined as the result of the number of dwelling units on a particular parcel of land divided by the gross area of the parcel of land expressed in acres. For purposes of this article, the gross area of the parcel of land shall be measured to the center line of adjacent public rights -of -way, easements, or thoroughfares as required by the Broward County Land Use Plan. (12) Hotel: A building or any part of a building, in which sleeping units (not individually owned) are rented to the public and which maintains an inner lobby and front desk which all occupants must pass to gain access. Hotel sleeping rooms are accessed solely through interior hallways, even on ground floors. Guest stays are generally 1 to 10 days. Hotel rooms may include a coffee maker or miniature refrigerator for use by the occupants. (13) Large retail establishment: A retail establishment or any combination of retail establishments in a single building or in separate but abutting buildings occupying more than seventy-five thousand (75,000) gross square feet of floor area. If more than sixty (60) percent of the floor area of any retail establishment building is occupied by residential dwellings, then the building shall not be considered part of a large retail establishment. (14) LEED: The U.S. Green Building Council rating system for environmentally sustainable buildings also known as Leadership in Environmental Energy and Design. (15) Live entertainment: Live entertainment shall mean facilities that present a band, disc jockey, comic, stage show, theatrical performance, dancing or similar entertainment on a routine basis, either professional or amateur, and using live musicians, pre- recorded music or soundtracks, with or without the sale or consumption of alcoholic beverages. Facilities that have live entertainment on a special event basis, such as a special fundraiser, art show, fair or carnival, or a temporary social event, shall be excluded from this definition. TOD - TOC Zoning Regulations 3 Ordinance 2007-007 (27) Upper level building recess: Refers to the vertical plane moderation of a building and is the minimum required distance of a building vertical wall and elements recessed from the property line, street curb, lower level building front or other appropriate plane of reference, and is measured perpendicular to the appropriate plane of reference. 21.11. Minimum Criteria. (a) The potential to achieve vibrant, mixed -use development and provide enhanced public amenities is much greater on larger parcels allowing greater building height and enhanced pedestrian access. Therefore, development of properties under the regulations of this article must meet the following criteria: (1) Minimum lot area of 0.5 acres. (2) Minimum lot width of 100 feet. (3) Provision of pedestrian paseos as described in TOD/TOC Design Guidelines, Section 21.21. (4) Provision of roadway pedestrian corridors as described in the TOD/TOC Design Guidelines, Section 21.21. (b) Properties that do not meet all of the criteria above shall develop under the regulations of this article, and shall also meet the following criteria: (1) Maximum Height of forty (40) feet or 3 stories, whichever is less. (2) Minimum Lot Size: 4,000 square feet. (3) Minimum Lot Width: 30 feet. (4) Minimum Lot Depth: 90 feet. TOD - TOC Zoning Regulations 5 Ordinance 2007-007 (d) Density and Minimum Unit Size. (1) Multi -family residential density shall not exceed 75 dwelling units per gross acre. (2) Multi -family residential dwellings shall contain at least 500 square feet of floor area. Hotel, extended -stay hotel, time-share, and condominium -hotel rooms, units, or keys shall contain at least 250 square feet of floor area. Figure C-2 Residential Transition Scenario 3-Story Landscape Existing Neighbomood Ezgting Single Family Townhouse Buffer Street Residential Unit 21.13. TOD District Height. (a) For parcels fronting Federal Highway, Dania Beach Boulevard, or located west of NE 1" and SE 1" Avenues, maximum building height permitted shall be 14 stories (and in no event greater than 155 feet) pursuant to the following limitations: (1) Building height shall be based on the depth and net area of the parcel as follows: a. 60 feet or 5 stories, whichever is less, for lots with depth less than 50 feet and between 0.5 acre to 0.99 acre in net area. b. 90 feet or 8 stories, whichever is less, for lots with depth of 50 feet to 100 feet and between 1.0 acre to 1.49 acres in net area. c. 155 feet or 14 stories, whichever is less, for lots with depth greater than 100 feet and 1.5 or more acres in net area. TOD - TOC Zoning Regulations 7 Ordinance 2007-007 (3) The maximum building height of 8 stories or 90 feet, whichever is less, shall be reduced by the greater of 2 stories or 35 feet if the developer does not provide at least two (2) of the following public amenities: a. Public plaza, or civic open space or both as described in Section 21.21(g). b. Public outdoor art as described in Section 21.21(i). c. Prominent water feature as described in Section 21.21(h). d. Public parking (Minimum ten spaces). e. LEED certified building. 21.14. TOD Building Envelope. (a) Setbacks. (1) Street Yard Setbacks: a. Setback from U.S. 1 and from Dania Beach Boulevard. i. 15 feet from the curb when an arcade is provided as shown in Figure C-3. ii. 20 feet from the curb when canopy or awning is provided as shown in Figure C-3. iii. 25 feet from the curb when no arcade, canopy or awning is provided. iv. No portion of any building or structure shall be located within a Broward County Trafficway. b. Setback from NW/NE Vt and from SW/SE Vt Avenues. Figure C-3 Front Setback i vano�tnmeae ^� ,� �L i. 15 feet from the lot line when a canopy or awning is provided. ii. 20 feet from the lot line when no canopy or awning is provided. c. All other streets: 10 feet from the lot line. TOD - TOC Zoning Regulations 9 Ordinance 2007-007 Upper, Lawl Building Ra w f Pecking Dark wrdl comme¢iaY Rosidunkal Building Aeovo euatnp 9�NQ 3Slory Landsepe w Tonhouw Suffer '0 Existing Neighbodrood SIMUI Figure C-4 Residential Compatibility Scenario Exalting Single Family Reabenhal Una TOD - TOC Zoning Regulations I I Ordinance 2007-007 (4) Multi -story structured parking shall be allowed in up to the first 6 stories of the principal building, excluding street level facades on Dania Beach Boulevard. This parking garage prohibition shall not apply to parking garage entrances and exits approved pursuant to the site plan review process. Parking structures shall camouflage vehicles and vehicular usage areas and shall be compatible with adjacent neighborhood building character. (5) All building elevations shall be subject to the TOD/TOC Design Guidelines of this article. (d) Density and Minimum Unit Size. (1) Multi -family residential density shall not exceed 75 dwelling units per gross acre. (2) Multi -family residential dwellings shall contain at least 500 square feet of floor area. Hotel, extended -stay hotel, time-share, and condominium -hotel rooms, units, or keys shall contain at least 250 square feet of floor area. (e) Height. (1) Maximum building height permitted shall be 14 stories (and not greater than 155 feet) pursuant to the following limitations: a. Maximum building height shall be based on the depth and net area of the parcel as follows: i. 60 feet or 5 stories, whichever is less, for lots with depth less than 50 feet and between 0.5 acre to 0.99 acre in net area. ii. 90 feet or 8 stories, whichever is less, for lots with depth of 50 feet to 100 feet and between 1.0 acre to 1.49 acres in net area. iii. 155 feet or 14 stories, whichever is less, for lots with depth greater than 100 feet and 1.5 or more acres in net area. b. That portion of any building within 50 feet of a property line directly abutting a RS-6000, RD-8000, or RM zoning district, or within 35 feet of a property line separated by a public street from a RS-6000, RD-8000, or RM zoning district, shall be no higher than 3 stories or 35 feet, whichever is less. c. Maximum building height shall be reduced to 3 stories or 40 feet, whichever is less, if the building abuts Dania Beach Boulevard west of SE 5th Avenue and does not provide active uses on the first floor as provided in Section 21.15 (c) (2) above. TOD - TOC Zoning Regulations 13 Ordinance 2007-007 (2) Side (Interior) Yard Setbacks. a. 15 feet from the side lot line when adjacent to a residential zoning district. b. 10 feet from the side lot line when not adjacent to a residential zoning district. Provided however, that no side interior yard setback is required for buildings with 6 or less stories of parking, office, or commercial use, if a through pedestrian paseo is provided as described in Landscaping, Section 21.19. Building floors above 6 stories shall meet upper level building recess requirements as per Section 21.16(b) (3). (3) Rear (Interior) Yard Setbacks. a. 25 feet from the rear lot line when adjacent to a residential zoning district. b. 10 feet from the rear lot line when not adjacent to a residential zoning district. (b) Upper Level Building Recess. (1) Upper level front building recess. a. For lots fronting on Dania Beach Boulevard: Floors over 3 stories shall meet upper level front building recess requirements with a minimum distance of 40 feet, as measured perpendicular from the street curb as shown in the Figure D-2. (2) Upper level side building recess. a. Floors above 6 stories shall meet minimum upper level side building recess requirements as given below. b. When abutting a public street (corner lot): 15 feet minimum upper level side building recess, as measured perpendicular from the immediate lower floor's side building line. c. When not abutting a public street: 30 feet minimum upper level side building recess, as measured perpendicular from the immediate lower floor's side building line. The upper level recess may be reduced '/z foot for each one foot of provided side yard setback, but in no instance shall the recess be less than 25 feet. (3) Upper level rear building recess. a. Floors over 6 stories (or over 70 feet in height, whichever is less) shall meet upper level rear building recess requirements with a minimum distance of 30 feet, as measured perpendicular from the immediate lower floor's rear building line. Figure D-3 below shows an example of an upper level rear building recess. TOD - TOC Zoning Regulations 15 Ordinance 2007-007 (c) Use. (1) Refer to Table F-1 for all permitted, prohibited, special condition and special exception uses allowed in the South Federal Highway District. " (2) The first floor of all buildings fronting on Federal Highway shall contain only active uses such as retail sales, restaurants, offices, and other similar uses that enhance the pedestrian experience, encourage walkability and create a friendly street ambience. Ground floor residential may be permitted when part of a townhouse or multi -family planned " - residential development containing 2 or more stories. (3) Lots adjacent to a RS-6000, RD-8000 or RM zoning district shall provide a transitional residential use in accordance with Section 21.15 (e) (2). a: (4) Multi -story structured parking shall be allowed in up to the first 3 stories of the principal building, excluding street level facades on Federal Highway. The parking structure shall camouflage vehicles and vehicular usage areas and gure -1 Figure E shall be compatible with adjacent neighborhood building character. (5) All exterior building elevations shall be subject to the Design Guidelines of this article. (d) Density and Minimum Unit Size. (1) Multi -family residential density shall not exceed 50 dwelling units per gross acre. (2) Multi -family residential dwellings shall contain at least 500 square feet of floor area. (e) Height. (1) Maximum building height shall be permitted as follows. a. Maximum building height facing Federal Highway is based on the width of the parcel: b. 45 feet or 4 stories, whichever is less, for lots with depth less than 50 feet and between 0.5 acre to 0.99 acre in net area. c. 70 feet or 6 stories, whichever is less, for lots with depth between 50 feet to 100 feet and between 1.0 acre to 1.49 acres in net area. TOD - TOC Zoning Regulations 17 Ordinance 2007-007 1. Floors over 3 stories (or 35 feet in height, whichever is less) shall meet upper level rear building recess requirements with a minimum distance of 30 feet, as measured perpendicular from the immediate lower floor's rear building line, as shown in the Figure E-3 below. Upper Lwel Building Recess "✓i�n7 COmnetmaV Parlurg Dock vnth Rusidontml CommmeV Resdontal Building with Building Above First Fkp Active Use euana } 3-Slo iownhou as uilor LABuffor a Figure E-3 Transitional Residential Use Evstrng Sirgm Famiy ResdenUal Und TOD - TOC Zoning Regulations- 19 Ordinance 2007-007 Zoning District Use TOD TOC-1 TOC-2 District District District Contractor, plumbing, electrical, air-conditioning, carpenter, cabinet or N N N furniture shop Convalescent homes, nursing homes N N N Day care center Pre-K Y Y Y Drug or Alcohol Rehabilitation facility, treatment center, or clinic (in- N N N patient or out- atient Food processing or warehouse facility N N N Fortune tellers, palmists, clairvoyants or astrologists with a City license, pursuant to chapter 12.5 of the Code of Ordinances, if the property line of the use is located a minimum of two thousand five SC SC SC hundred (2,500) feet from the property line of another such licensed use, house of worship, or school Funeral homes, mortuaries N N N General office use, including business, sales, professional, architect, Y Y Y engineer, real estate, attorney, accountant, insurance, travel agent, information technology General contractor office or shop, including but not limited to, N N N plumbing, electrical, air conditioning, mechanical, and air conditioning Hotel, Extended -stay Hotel, Condominium -Hotel, or Time-share containing at least 75 rooms or keys, subject to the following: (a) City Commission allocation of LAC rooms/units (within LAC only) (b)Gueslroom access shall be via interior corridors (c) HVAC units shall not be visible from the exterior of the building SE SE N (d) Parking, service or loading areas shall not be located within 25 feet of a residential zoning district unless separated by a street, canal, or rail line, or located entirely within an enclosed building e No overnight commercial vehicle parking Live entertainment SE SE SE Marinas, when located adjacent to the Dania Cut -Off Canal and US 1; excluding dry stack boat storage and the manufacturing, assembly, or SE N N painting of boats Medical offices, including dental, chiropractic, osteopathic, Y Y Y acupuncture, physical therapy, optometry, odiat , and psychology Motels N N N Multi -family residential (three units or more): including condominium, apartment, co-op, or townhouse, subject to: (a) Dwellings shall be located on the second floor or above when fronting Federal Highway (north of Stirling Road), Dania Beach Sc SC SC Boulevard, or when located within the TOD Core (b) Multi -family residential (minimum 2 stories) may front Federal Highway (south of Stirling Road) if part of a planned residential development c Compliance with density provisions of Future Land Use Element Nightclub(patrons 21 years and older SE' SE` N Movie Theatre SE' SE` N Outdoor storage N N N Personal service establishments within a fully enclosed building, Y Y Y including repair shops (watches, radios, televisions, shoes, and small appliances), tailor, beauty salon or day spa, or barber shops, photographic, interior decorator, locksmith, print shops, and dry cleaner(excluding Laundromats Pet shops and pet supplies SE SE SE Pet shops(excluding cats and dos and pet supplies Y Y Y TOD - TOC Zoning Regulations 21 Ordinance 2007-007 Use Zoning District TOD District TOC-1 District TOC-2 District Pari-Mutuel Facility N Y N Penal, correctional, re-entry facility, or half -way house for adult or juvenile offenders N N N Private academic schools (K-12) SE SE SE Sales, storage, or display of lumber or building materials N N N Service stations, car washes, gasoline sales accessory to any other use N N N Sign fabrication and sign printing shops within a fully enclosed building (excluding metal fabrication, sand blasting and spray painting processes) N N SE Two-family home N N N Single family home i N" N" Social service providers and agencies N N N Tattoo, body art, or body piercing N N N Marine schools, including on -campus student housing N N SE Temporary employment agency, day labor office N N N Veterinary clinic (excluding outdoor kennels) with located at least 25 feet from a residential zoning district or use N N SE Warehouse (including self -storage warehouse), industrial, or manufacturing use N N N Welding, sheet metal, tool and die, furniture or cabinet manufacturing N N N Wholesale sales N N N Any use not specifically listed in this table as a permitted, special —exception, orspecial condition use N N N *A pari-mutuel facility which was permitted by the State of Florida pursuant to Chapter 550, Florida Statutes and which was in existence on June 23, 1981. Any language in this ordinance to the contrary notwithstanding, the exclusive procedure for review of and the criteria which shall be used to evaluate and grant all City approvals which are required to construct a capital improvement to a pari-mutuel facility shall be those provided in Section 550.155(2), Florida Statutes. ** Limited to the reconstruction of the single family home and accessory buildings on a lot all of which existed as of April 24, 2007, and only to the extent of the footprint and square footage of the buildings on that lot. This right shall transfer with the sale of the single family home. 21.19. Landscaping. (a) Minimum total (net) lot parcel pervious area shall be landscaped buffers shall be provided as follows: (1) Transit -Oriented Development (TOD) District: 5% pervious area. (2) Transit Oriented Corridor (TOC-1 and TOG-2) Districts: 10% pervious area. 23 Ordinance 2007-007 (3) A landscape buffer of 10 feet shall be provided for all property along Dania Beach Boulevard in the East Dania Beach Boulevard Transit Oriented Corridor District. (4) Streetscape elements such as trees, landscaping, benches and lighting etc. shall be provided based on the Design Guidelines, subject to final approval by the City Commission as part of the site plan review process. (b) Landscape plantings shall provide important spatial definitions in the district so as to unify streets, sidewalks, medians, open spaces, and individual yards and shall create a year round environment for outdoor habitable spaces. Figure G-8 (c) All plant material shall be Florida Grade 1, or better, in accordance with "Grades and Standards of Nursery Plants," published by the Florida Department of Agriculture. (1) Shade street trees must be fourteen (14) feet in height, three (3) inches in caliper, and provide a seven (7) foot canopy at the time of installation. Palms, shrubs and groundcovers must be full in size and true to form. (2) Street trees planted within a right-of-way, adjacent to a curb of a public street, or between a building and a roadway, shall be a consistent distance from one another and shall be of the highest quality. (3) Palm street trees must provide ten (10) feet of clear trunk at time of installation and shall be a single trunk. The lowest branch of a palm street tree shall be 8 feet above grade at time of installation. (4) One Palm from the suggested list below shall be designated by the City Commission as the preferred Federal Highway (TOD and TOC-2 Districts) and Dania Beach Boulevard (TOC-1 District) street tree. The street tree selected for each zoning district shall be consistent throughout the district. Roystonia elata Royal Palm Sabal palmetto Saba] Palm (5) One tree from the suggested list below shall be designated by the City Commission as the preferred shade tree along neighborhood streets parallel to Federal Highway (TOD District). 24 Ordinance 2007-007 Bursera simaruba Gumbo Limbo Quercus virginiana 'QTVIA'pp11219 High-rise High-rise Live Oak (6) One tree from the suggested list below shall be designated by the City Commission as the preferred ornamental tree along neighborhood streets parallel to Federal Highway (TOD District) which have low power lines preventing the use of a large shade tree. Bulnesia arborea Cassia surrentensis Chrysophyllum oliviforme Conocarpus erectus Elaeocarpus decipiens Ilex x attenuatta Ilex cassine Krugiodendron ferreum Lagerstroemia indica Ligustrum licidum Myrcianthes fragans Verawood Yellow Cassia Satin Leaf Silver Buttonwood Japanese Blueberry Tree 'East Palatka' Holly Dahoon Holly Black Ironwood Crape Myrtle Wax Leaf Privet Simpson stopper (7) Open space and other landscaping shall be composed of native plant materials which represent a minimum of 40% of the landscape cover. Plant diversity is strongly recommended to offer variety and a strong aesthetic quality to the area. (8) All other landscaping and vegetation shall be developed to the standards of Article IV of Chapter 26 of the City Code of Ordinances. In the event of a conflict between the landscaping requirements of this article and those of Chapter 26, Article IV, this article shall control. 21.20. Parking. (a) Parking Dimension and Standards: All parking dimensions and standards shall be in compliance with Article 6 of Chapter 28 of the City Code of Ordinances, except for the parking dimension and standards of this division. In the event of a conflict between the parking lot dimensions and standards of this article and those of Chapter 28, Article 6, this article shall control. (b) Tandem Parking: Tandem parking (no more than two (2) spaces deep) shall be permitted subject to the following conditions: 25 Ordinance 2007-007 (1) Tandem spaces are permitted only for two or more bedroom residential units. (2) Both tandem spaces shall be reserved for the same dwelling unit. (3) Tandem spaces cannot be designated as guest parking or count towards meeting guest parking requirements. (c) Parking Garages: (1) Ground floor vertical clearance providing loading, sanitation, service, or emergency vehicle access: Minimum 14 feet. (2) Vertical clearance for all other floors: Minimum 7 feet, 2" (inches). (3) Ramps not accessing parking spaces: Maximum 12% grade. (4) Ramps accessing parking spaces: Maximum of 6% grade for 90-degree parking and 5% grade for angled parking. (5) No parking garage columns shall be located within three (3) feet of a parking space entrance. (6) Parking spaces adjacent to a wall shall be ten and one-half (10 Yz) feet wide. (d) Minimum Parking Space Requirements: As per Table H-1 below. Tahle H-1- Minimum Parkina Space Reauirements. Use Minimum Parking Space Requirements 1. Multifamily dwelling, including rental apartment, townhouse, or row house. a) Efficiencies, studio apartments, and lofts consisting of a single room or Irving space where different functional 1.25 spaces per unit plus 0.25 designated guest areas (dining, living, sleeping) are not separated by spaces per unit walls b) One bedroom' apartments 1.25 spaces per unit plus 0.25 designated guest spaces per unit c) Two -bedroom" apartments 1.75 spaces per unit plus 0.25 designated guest spaces per unit d) Three or more bedroom` apartments 2.0 spaces per unit plus 0.25 designated guest spaces per unit e) Townhouse, Row house 2.0 spaces per unit plus 0.25 designated guest spaces per unit 'A "bedroom" is any room of a building (excluding kitchen or Guest spaces shall be specifically designated as bathroom) containing over seventy (70) square feet of floor such and shall not be reserved, assigned, sold or space and bounded along more than seventy -rive (75) leased in connection with any dwelling unit percent of its perimeter by vertical walls or partitions which serve to define the boundaries of the room. 26 Ordinance 2007-007 Use Minimum Parking Space Requirements 2. Hotel, Extended Stay Hotel 1.10 space per room, key, or 1 bedroom unit, plus 1.25 spaces for each 2 or more bedroom unit, plus Parking for additional uses as follows: 1.0 space per each 150 square feet of restaurants and bar gross floor area, plus 1.0 space for each 150 square feet of ballroom and meeting rooms, plus 1.0 space per each 500 square feet of retail shops 3 Condominium -Hotel, Time-share a) Efficiency, Studio, or one -bedroom units 1.25 spaces parking spaces per room, unit, or key b) Two or more bedroom units 1.50 spaces per unit Parking for additional uses as follows: 1 space per each 150 square feet of restaurant and bar gross Floor area, plus 1 space for each 150 square feet of ballroom and meeting rooms, plus 1 space per each 500 square feet of retail shops 4. General business, commercial, and personal service One (1) space per each 200 square feet of gross stores; business and professional offices floor area for the first 2,000 square feet, plus one (1) space per each 250 square feet of gross floor area in excess of 2,000 s . ft. 5. Furniture store, art gallery, large appliance, decorator One (1) space for each 500 square feet of gross floor showroom area. 6. Department store or planned shopping center containing One (1) parking space for each 200 square feet of 50,000 square feet or more gross floor area 7. Medical, dental, chiropractic, and psychologist offices; One (1) space per each 150 square feet of gross charitable and philanthropic offices, institutions, or offices; floor area or five (5) parking spaces, whichever is fortune tellers and convenience food store greater 8. Museums, libraries One (1) space per each 200 square feet of gross floor area 9. Full service restaurants, including accessory bar and One space per each 75 square feet of gross indoor lounges area not exceeding 30% of the gross floor area or floor area plus 1 space for each 150 square feet of 3,000 s . ft., whichever is less outdoor dining area 10. Bars and Lounges as a principal use One space per each 60 square feet of gross floor area 11. Nightclub and comedy club One space per each 60 square feet of gross floor area 12, Carry out restaurants (no seating) One (1) space per each 250 square feet of gross Floor area 13. Auction House One space (1) space per each 75 sq. ft. of customer service area (If no floor plan is provided, shall be based on 75% of the gross building floor area 14. Business schools, colleges, paraprofessional One (1) space per each 100 square feet of classroom, lab, or other instruction area 15. Technical schools One (1) space per each 100 square feet of classroom, lab, or other instruction area TOD - TOC Zoning Regulations 27 Ordinance 2007-007 For mixed -use developments (at least two uses) utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space shall be reserved for each residential unit. These spaces shall be included in the 'other" category and applied as 100% utilization. All other spaces (including non -reserved residential spaces) shall be available to all customers, residents, and guests of the development without restriction. Furthermore, subsequent to the issuance of a Certificate of Occupancy (CO), the reservation of additional parking spaces beyond that shown on the approved site plan will require a site plan modification and be subject to the provision of the minimum parking requirements. (f) Off -Street Loading Area Requirements: (1) Loading space(s) shall be not less than twelve (12) feet in width, fifty-five (55) feet in length, and fourteen (14) feet in height, and may not be located in a required front or street yard. The loading space(s) and dumpsters shall be screened from public streets and adjacent residential zoning districts. Off-street loading and dumpster areas shall not occupy any part of required drive aisle or fire lanes and shall be designed such that loading and sanitation vehicles can enter or exit the project without having to back out into (or back in from) a public street. (2) Non-residential uses, excluding freestanding office buildings: Every building, or building group having a gross floor area of five thousand (5,000) square feet or more, which is to be occupied by commercial, retail, restaurant, or other similar use shall provide and maintain, on the same lot with such building, and within a parking garage if provided, off-street loading spaces in a number not less than the following: Table H - 3. Area of Non -Residential Use Required No. of Berths 5,000--- 25,000 sq. ft. 1 Berth 25,001-50,000 sq. ft. 2 Berths 50,001-100,000 sq. ft. 3 Berths For each additional 50,000 sq. ft. 1 Berth (3) Freestanding office buildings: Every office building having a gross floor area of fifty thousand (50,000) square feet or more shall provide and maintain, on the same lot with such building, and within a parking garage if provided, off-street loading spaces in a number not less than the following: Table H - 4. Area of Office Required No. of Berths 50,000--200,000 sq. ft. 1 Berth 200,000 sq. ft. or more 2 Berths TOD-TOC Zoning Regulations 29 Ordinance 2007-007 (4) Building Fenestration: To emphasize the pedestrian scale of the building at the ground level, buildings shall incorporate transparent windows and doors to attract activity and interest along the corridors. a. Transparent windows shall account for a minimum of 70% of the building face at ground levels facing public rights -of -way, along Federal Highway, Dania Beach Boulevard, or within the TOD Core. b. Reflective or opaque surfaces are prohibited on windows and doors. The purpose and intent of requiring transparent surfaces is to limit expanses of solid walls which are pedestrian unfriendly and unaesthetic. (5) Fagade Treatments. a. Building facades facing major roadways and pedestrian corridors shall incorporate appropriate architectural features to enhance the aesthetic environment. b. These features must conform to the chosen style of the building, and must include cornice detailing, ornamentation, moldings, changes in materials and textures, color variations, and other architectural sculpting that enhances the ground level and adds interest and appeal to the building's exterior. c. Architectural detailing is highly desired and recommended. (6) Fagade Materials: a. Building facades shall incorporate architectural features that enhance the aesthetic quality of the building and the environment. b. Materials used shall complement the architectural style of the building. c. The City highly encourages facade materials that vary in texture and type, in order to accentuate entrances, exits, windows, corners, level changes, and other architectural features. (b) Arcades. Arcades are highly encouraged along the major thoroughfares of the TOD and TOC Districts, including specifically Federal Highway and Dania Beach Boulevard. (1) Buildings that incorporate arcades at the ground level and on the major thoroughfares are permitted to locate closer to the curb line, therefore increasing the development area. See Sections 21.14 (a) (1), 21.16 (a) (1) and 21.17 (f) (1). (2) The City highly encourages arcades that allow unobstructed pedestrian flow and areas for outdoor dining within the arcade area. The architectural features of an arcade may vary, but every arcade shall measure 10 feet in depth at a minimum from the outer face of the column to the face of building. TOD - TOC Zoning Regulations 31 Ordinance 2007-007 (1) Public pedestrian corridors shall be a minimum of 5 — 8 feet in width, exclusive of street trees, street plantings, benches, trash receptacles, water features, outdoor dining or other site elements. (2) Public pedestrian corridors adjacent to Federal Highway (North of Stirling Road), Dania Beach Boulevard, and within the TOD Core shall be located between curbside street plantings and buildings as indicated in Figure 1-2. (3) Public pedestrian corridors, to the greatest extent possible, shall be of uniform width within each block so as to provide consistent and safe pedestrian connectivity between adjacent buildings. (e) Paseos: All development on through lots with Federal Highway or Dania Beach Boulevard front yards and neighborhood street rear yards shall provide a ten foot wide pedestrian paseo for continuous pedestrian connectivity. The pedestrian paseo shall connect two rights -of -way and shall be provided along an interior side property line. The City Commission may allow the pedestrian paseo to be located elsewhere on the property as part of site plan review upon a determination that the location is consistent with the intent of the applicable zoning district. Figure 1-3 (f) Rooftop Guidelines. Rooftop activities may include sun decks, pool decks, tennis courts, gardens, outdoor cafes/restaurants, parking, and much more. (1) In instances where rooftops are used for parking, a perimeter treatment (i.e. landscape, trellis, etc.) shall be incorporated to shield and shade the parking area from adjacent structures. (2) Any unsightly elements must be screened either with landscaping or structure. TOD - TOC Zoning Regulations 33 Ordinance 2007-007 (i) Public Art. Public art is highly encouraged within the TOD and TOC-1 Districts, to create identity and to celebrate the local art community in Dania Beach. (1) Any public art shall be free of sharp edges or obstructive elements that might cause physical harm. (2) Public art shall not be permitted within public pedestrian corridors or sidewalk without the approval of the Public Services Director. (3) Any public art introduced into the Dania Beach TOD/TOC Districts shall be reviewed and approved by the City Commission and approved prior to installation. (4) Public Art may also be donated to the City and installed off -site on public property at locations approved by the City Commission. Q) Special Paving. Special paving is an important element within an urban setting. It defines space along the ground plane and contributes to a place's unique sense of identity. (1) Special paving shall be incorporated into public walkways and sidewalks, as well as in plazas and open spaces incorporated into a project's site design. (2) Paving materials shall reflect the intensity of expected pedestrian traffic, aid in circulation routes and create identifiable ground plane associations within the TOD/TOC Districts. (3) There are a variety of materials, colors and shapes available for special paving. Careful consideration should be made in the selection of the materials, colors and shapes for special paved areas, especially in area dedicated for public use. (k) Fences and Walls. Fences and walls may be allowed within the TOD/TOC Districts to screen unsightly views, separate uses, and to establish physical barriers. (1) Walls or fences shall not be compatible with the design/color of the principal building. (2) Decorative walls and fences shall not exceed 4 feet in height along Dania Beach Boulevard, Federal Highway, and within the TOD Core area. Fences in other areas shall be regulated by Chapter 28 (Zoning) of the City Code. (3) Metal picket fences, wrought iron fences, and stucco concrete walls compatible with building architecture shall be encouraged. Barb or razor wire fencing shall be prohibited. (4) PVC fences shall be prohibited adjacent to Dania Beach Boulevard, Federal Highway, and within TOD Core area. TOD - TOC Zoning Regulations 35 Ordinance 2007-007 more particularly in Exhibit C, is hereby zoned as the South Federal Highway Transit Oriented Corridor District ("TOC-2"). Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on _, 2007. PASSED AND ADOPTED on second reading on 2007. ATTEST: LOUISE STILSON CITY CLERK BOB ANTON MAYOR— COMMISSIONER ROLL CALL: COMMISSIONER CASTRO - COMMISSIONER BERTINO - COMM►SSIONER FLURY- VICE-MAYOR JONES - MAYOR ANTON - APPROVED AS TO FORM AND CORRECTNESS: BY: T►IOMAS J. ANSBRO CITY ATTORNEY TOD - TOC Zoning Regulations 37 Ordinance 2007-007 COMMENCING AT POINT OF INTERSECTION OF SOUTH LINE OF NW 1 ST WITH NORTHWESTERLY LINE OF NW 3 AVE, SOUTHWESTERLY 499.5 TO POINT OF BEGINNING, CONTINUE SOUTHWESTERLY 130, WESTERLY 116.7, NORTHEASTERLY 169.6, EASTERLY 20, SOUTHERLY 10, EASTERLY 92.9 TO POINT OF BEGINNING, ALSO DESCRIBED AS FOLIO #50-42-34-00- 0480 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THAT PORTION OF NORTHEAST ONE -QUARTER OF SOUTHWEST ONE - QUARTER AS DESCRIBED IN DB 825/501, ALSO DESCRIBED AS FOLIO #50- 42-34-00-0490 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH LOT 100 X 1300 IN EAST ONE-HALF OF SOUTHWEST ONE -QUARTER ADJACENT EAST RIGHT OF WAY LESS LOT TO ACME CORTAGE INC DB 485/501 & LOT TO REPUBLIC CAR LOADING AND DIST CO OR 964/563 & LESS PARS LEASED TO CAMERON LUMBER CO, COLOR -RITE LEASING CORP & MCLEAN-THOMAS INC, ALSO DESCRIBED AS FOLIO 450-42-34-00- 0491 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THAT PORTION OF SOUTHWEST ONE -QUARTER DESCRIBED AS BEGINNING AT POINT OF INTERSECTION WITH SOUTH RIGHT OF WAY LINE OF NW I ST AND WEST RIGHT OF WAY LINE OF NW 3 AVE, WEST 123.30, SOUTHWEST 180.68, SOUTHEAST 112.90 NORTHEAST 215 TO POINT OF BEGINNING, ALSO DESCRIBED AS FOLIO #50-42-34-00-0493 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THAT PORTION BEGINNING AT INTERSECTION OF MP 345 PLUS 4931.4 WITH WESTERLY RIGHT OF WAY OF SW 3 AVE, SOUTH ALG SAME 340, WEST TO SPUR TRACK, SOUTH TO POINT ON LINE RUNNING EAST FROM MP 346 PLUS 6, WEST 44, NORTHERLY & EASTERLY 179 M/L, EAST 30, NORTHWESTERLY ALG SPUR TRACK TO SOUTH RIGHT OF WAY LINE OF DANIA BEACH BLVD, EAST ALG SAME 115 TO POINT OF BEGINNING, LESS ANY PORTION LYING WITHIN PRESENT 10 FT TRACK, AKA PORTION LEASED TO COLOR RITE BRICK & SUPPLY CO, ALSO DESCRIBED AS FOLIO #50-42-34-00-0494 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; TOD - TOC Zoning Rcgulations 39 Ordinancc 2007-007 THENCE RUNNING EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION, A DISTANCE OF 73.03 FEET; THENCE RUNNING NORTH PARALLEL TO THE EAST LINE OF SAID 40 FOOT STREET A DISTANCE OF 328.75 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 34 A DISTANCE OF 75 FEET TO THE POINT OF BEGINNING; ALSO DESCRIBED AS FOLIO #50-42-34-00-0520 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE SOUTH 100 OF WEST 315 OF SOUTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTH EAST 1/4 LYING E OF STATE ROAD LESS BEG AT INTER OF EAST R/W STATE ROAD AND NORTH R/W NE 2 ST FOR POINT OF BEGINNING, NORTH 100, EAST 150, SOUTH 100, WEST 150 TO POINT OF BEGINNING, AND LESS BEG 315 EAST OF SOUTHWEST CORNER OF SOUTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHEAST 1/4, NORTH 25, WEST 60, SOUTH 25, EAST 60 TO POINT OF BEGINNING AND LESS R/W FOR NE 2 ST, ALSO DESCRIBED AS FOLIO #50- 42-34-00-0100 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF CHICAGO AVENUE, 100 FEET NORTH OF THE NORTH LINE OF HURON STREET, AS SHOWN ON PLAT OF MODELO RECORDED IN PLAT BOOK "B", PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE NORTH ALONG THE EAST LINE OF CHICAGO AVENUE 130 FEET, THENCE EAST PARALLEL WITH THE NORTH LINE OF HURON STREET 315 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF CHICAGO AVENUE 130 FEET, THENCE WEST PARALLEL WITH THE NORTH LINE OF HURON STREET 315 FEET, TO THE POINT OF BEGINNING, LESS THE WEST 24 FEET THEREOF FOR FEDERAL HIGHWAY. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY FLORIDA, ALSO DESCRIBED AS FOLIO #50-42-34-00-0090 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE NORTH 100 OF WEST 315 OF SOUTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHEAST 1/4 LESS STATE ROAD US 1, ALSO TOD - TOC Zoning Regulations 41 Ordinance 2007-007 EXHIBIT "B" TRANSIT ORIENTED CORRIDOR ONE ("TOC-1") ZONING DISTRICT THE TRANSIT ORIENTED CORRIDOR ONE (TOC-1) ZONING DISTRICT GENERALLY INCLUDES THOSE PROPERTIES ABUTTING DANIA BEACH BOULEVARD AND BOUND BY SE 1ST AVENUE AND NE 1ST COURT ON THE WEST AND THE DANIA BEACH/HOLLYWOOD CITY LIMITS ON THE EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE CERTAIN PROPERTIES LOCATED EAST OF US 1, NORTH OF SE 1ST STREET AND SOUTH OF NE 1Sr TERRACE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEACHWAY SUBDIVISION (PB 8/PG 33) - ALL OF LOTS 1-3, BLOCK 5; ALONG WITH BEACHWAY SUBDIVISION (PB 8/PG 33) - ALL OF LOT 2 & 3, BLOCK 4; ALONG WITH BEACHWAY SUBDIVISION (PB 8/PG 33) - ALL OF LOTS 1-11, BLOCK 2; ALONG WITH BEACHWAY AMENDED (PB 27/PG 7) - ALL OF BLOCK 3; ALONG WITH ALONG WITH PROPERTY KNOWN AS THE SOUTH 10 FEET OF LOT 14 LOT 15 AND LOT 16 IN BLOCK 5 OF BEACHWAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH THE IMPROVEMENTS THEREON, SAID LANDS SITUATE LYING AND BEING IN BROWARD COUNTY, FLORIDA; ALONG WITH DANIA COUNTRY CLUB ESTATES (PB 32/PG 23) - ALL OF LOTS 1-12, BLOCK 1; ALONG WITH THE EAST ONE-HALF OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; THE WEST ONE HALF OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER; THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER AND THE WEST ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE TOD - TOC Zoning Regulations 43 Ordinance 2007-007 THAT PORTION OF SOUTHEAST ONE -QUARTER OF NORTHWEST ONE - QUARTER OF SOUTHWEST ONE -QUARTER, DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SOUTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4, RUN WESTERLY 25, NORTHERLY 76.34 TO NORTH RIGHT OF WAY LINE OF DANIA BEACH BLVD AND POINT OF BEGINNING, CONTINUE NORTHERLY 250.05, WESTERLY 640.2 M/L TO W/L OF SAID SOUTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4, SOUTHERLY 250.05 TO NORTH RIGHT OF WAY LINE OF DANIA BEACH BLVD, EASTERLY 640.25 TO POINT OF BEGINNING, ALSO DESCRIBED AS FOLIO #50-42-35-00-0252 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE WEST 1/2 OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4 LESS STATE ROAD AND LESS WEST 25 FOR ROAD, ALSO DESCRIBED AS FOLIO # 50-42-35-0210 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH RODDY DANIA PLAT NO 1 102-26 B PARCEL A; ALONG WITH THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SUBJECT TO THE RIGHT OF WAY OF DANIA BEACH BOULEVARD, SAID LANDS BEING IN BROWARD COUNTY, FLORIDA. BEING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST AND RUN THENCE SOUTHERLY ALONG THE WEST BOUNDARY LINE OF THE EAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE AFOREMENTIONED SECTION 35 FOR 22.66 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD AIA (DANIA BEACH BOULEVARD) AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, RUN 'THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD AIA, 332.65 FEET TO A POINT ON THE EAST BOUNDARY LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF AFOREMENTIONED SECTION 35. RUN THENCE SOUTHERLY ALONG SAID EAST BOUNDARY LINE A DISTANCE OF 641.32 FEET, RUN THENCE WESTERLY A DISTANCE OF 332.78 FEET TO A POINT ON THE WEST BOUNDARY LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE TOD - TOC Zoning Regulations 45 Ordinance 2007-007 PROPERTY BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DANIA BEACH BLVD., (ALSO CALLED STATE ROAD AIA) LOCATED 35 FEET WEST OF THE EAST BOUNDARY OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 50, SOUTH, RANGE 42 EAST; THENCE SOUTH 1/4 OF SECTION 34, TOWNSHIP 50, SOUTH, RANGE 42 EAST; THENCE SOUTH ALONG THE WEST LINE OF 5TH AVENUE, A DISTANCE OF 125.0 FEET; THENCE WEST PARALLEL TO SAID DANIA BEACH BLVD., A DISTANCE OF 125.0 FEET; THENCE NORTH PARALLEL OF SAID 5TH AVE., A DISTANCE OF 125.0 FEET TO SAID SOUTH RIGHT OF WAY LINE OF DANIA BEACH BLVD., THENCE EAST ALONG SAID RIGHT OF WAY LINE OF DANIA BEACH BLVD., A DISTANCE OF 125.0 FEET TO THE POINT OF BEGINNING, ALSO KNOWN AS 450 DANIA BEACH BLVD., DANIA FLORIDA, ALSO DESCRIBED AS FOLIO #50-42-34-00-0590 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH DANIA BEACH PLAZA PLAT (PB 169/PG 31) ALL OF PARCEL A; ALONG WITH THOSE PORTIONS OF THE DANIA GOLF COURSE PLAT (PB 32/ PG 17) DESCRIBED AS FOLLOWS: DANIA GOLF COURSE (PB 32/ PG 17) 'THAT PORTION DESCRIBED AS COMMENCING AT NORTHWEST CORNER OF SAID PLAT, SOUTH ALG W/BOUNDARY 23.07, EAST 490.57 TO POINT OF BEGINNING CONTINUE EAST 150, SOUTH 150, WEST 150, NORTH 150 TO POINT OF BEGINNING; ALONG WITH THAT PORTION DESCRIBED AS COMMENCING AT NORTHWEST CORNER OF SAID PLAT, SOUTH 23.07, EAST 175 TO POINT OF BEGINNING, CONTINUE EAST 315.57, SOUTH 150, EAST 150, NORTH 150, EAST 36, SOUTH ALG E/BOUNDARY 626.92, WEST 649.52, NORTH 470.34, EAST 150, NORTH 150 TO POINT OF BEGINNING; ALONG WITH THAT PORTION DESCRIBED AS COMMENCING AT NORTHWEST CORNER OF SAID PLAT, SOUTH ALG W/BOUNDARY 23.07, EAST 25 TO POINT OF BEGINNING, CONTINUE EAST 150, SOUTH 150,WEST 150 NORTH 150 TO POINT OF BEGINNING; ALSO DESCRIBED AS FOLIOS #50-42-34-27- 0020,0050 AND 0060 AND IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH MARWOOD (PB 32/ PG 18) ALL OF LOTS 1-9; ALONG WITH DANIA BEACH SUB RESUB (PB 27/ PG 9) BLOCK 2, LOTS 9, 10, 11; ALONG WITH TOD - TOC Zoning Regulations 47 Ordinance 2007-007 EXHIBIT `C' TRANSIT ORIENTED CORRIDOR TWO ("TOC-2") ZONING DISTRICT THE TRANSIT ORIENTED CORRIDOR TWO (TOC-2) ZONING DISTRICT IS LOCATED ENTIRELY WITHIN SECTION 03, TOWNSHIP 51, RANGE 42 AND GENERALLY INCLUDES THOSE PROPERTIES ABUTTING FEDERAL HIGHWAY AND BOUND BY STIRLING ROAD ON THE NORTH AND SHERIDAN STREET ON THE SOUTH. PARTICULARLY DESCRIBED AS FOLLOWS: PROPERTIES LOCATED TO THE EAST OF USI DESCRIBED AS: RAULERSON SUBDIVISION (PR 14/ PG 70) ALL OF LOTS 1-7 AND THE WEST 30 FEET OF LOT 8; ALONG WITH LETO SQUARE (PB 166/ PG 12) ALL OF PARCEL A; ALONG WITH LARSENS SUB (PB I/ PG 105) ALL OF LOTS 3 - 14; ALONG WITH HOLLYWOOD CENTER AMEN PLAT (PB 9/ PG 43) ALL OF LOTS 1-8 BLOCK 2, AND ALL OF LOTS 10 & 11 BLOCK 2, AND ALL OF LOTS 14 & 15 BLOCK 2; ALONG WITH HOLLYWOOD CENTER REVISED (PB 24/ PG 15) ALL LOT 1, 2, 3; ALONG WITH THE WEST 199 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1A OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS 'THE NORTH 75 FEET AND THE SOUTH 163.84 FEET THEREOF; AND LESS THE WEST 49 FEET FOR ROAD RIGHT- OF-WAY ALSO DESCRIBED AS FOLIO #51-42-03-00-0160 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE NORTH 1/2 OF 'THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE EAST 450 FEET AND LESS THE SOUTH 199 FEET ALSO DESCRIBED AS FOLIO #51-42-03-00-0170 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE NORTH 38.84 OF SOUTH 163.84 OF WEST 199 OF NORTH 1/2 OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF NORTHEAST 1/4 LESS WEST 49 FOR STATE ROAD US 1 ALSO DESCRIBED AS FOLIO #51-42-03-00-0170 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; TOD - TOC Zoning Regulations 49 Ordinance 2007-007 ALONG WITH THE NORTH 50 OF SOUTH 344 OF WEST 246 OF NORTHWEST 1/4 OF NORTHWEST 1/4 OF SOUTHEAST 1/4 EXCEPTING THAT PT LYING WITHIN RIGHT-OF-WAY OF US 1 ALSO DESCRIBED AS FOLIO #51-42-03- 00-0711 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THE EAST 469 OF WEST 509 OF SOUTH 294 OF NORTH 1/2 OF NORTHWEST 1/4 OF SOUTHEAST 1/4 ALSO DESCRIBED AS FOLIO #51-42-03-00-0730 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH COMMENCE AT NORTHWEST CORNER OF SOUTHEAST 1/4, EAST ALG N/L FOR 677.56, SOUTH ALG WEST RIGHT OF WAY LINE OF SOUTHEAST 2 AVE FOR 380.24 TO POINT OF BEGINNING, CONTINUE SOUTHERLY FOR 294.00, WESTERLY 171.00, NORTHERLY 294.00, EASTERLY 159.00 TO POINT OF BEGINNING, LESS P/P/A 169-34 B ALSO DESCRIBED AS FOLIO #51-42-03- 00-0720 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; HIGHLAND SQUARE (PB 7/PG 5) LOTS 1 - 3, BLOCK C; ALONG WITH HIGHLAND SQUARE (PB 7/PG 5) LOTS 1 - 6, BLOCK B; ALONG WITH HIGHLAND SQUARE (PB 7/PG 5) LOTS 1 - 3, BLOCK A; ALONG WITH DIXIE WAY (PB 12/ PG 4) LOTS 1- 5, BLOCK 1; ALONG WITH DIXIE WAY (PB 12/ PG 4) LOTS 1- 7, BLOCK 2; ALONG WITH DIXIE WAY (PB 12/ PG 4) LOTS 1 - 13 & LOTS 18 - 23, BLOCK 3; ALONG WITH DIXIE WAY (PB 12/ PG 4) LOTS 1- 3, BLOCK 4; ALONG WITH FANROSE PARK (PB 36/ PG 49) ALL OF BLOCK 1; ALONG WITH ST. JAMES PARK NORTH (PB 3/PG 33) LOTS 2 - 3, BLOCK 1; ALONG WITH ST. JAMES PARK NORTH (PB 3)PG 33) LOTS 1 - 6, BLOCK 2; ALONG WITH ST. JAMES PARK NORTH (PB 3/PG 33) LOTS 1 - 14, BLOCK 3; TOGETHER WITH VACATED ALLEY PER RESOLUTION NUMBER 157-92 IN OR 20180/611 ALONG WITH PROPERTIES LOCATED TO THE WEST OF US 1 DESCRIBED AS: NORTH HOLLYWOOD (PB 4/ PG 1) LOTS 7- 13, BLOCK 43; ALONG WITH NORTH HOLLYWOOD (PB 4/ PG 1) LOTS 8- 13, BLOCK 44; ALONG WITH NORTH HOLLYWOOD (PB 4/ PG 1) LOTS 6 - 15, BLOCK 45; ALONG WITH NORTH HOLLYWOOD (PB 4/ PG 1) LOTS 8 - 13, BLOCK 46; ALONG WITH TOD - TOC Zoning Rcgulations 51 Ordinance 2007-007 DANIA, BROWARD COUNTY, FLORIDA ALSO DESCRIBED AS FOLIO #51- 42-03-00-0650 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LYING SOUTHEAST OF THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY AND WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF S. FEDERAL HIGHWAY (US NO 1), LESS THE SOUTH 300 FEET THEREOF, AND LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT AN IRON PIPE IN THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US NO 1 AND STATE ROAD NO 5) 66 FOOT RIGHT-OF-WAY), LOCATED 33 FEET FROM THE CENTERLINE OF SAID HIGHWAY AND 430 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AS MEASURED ALONG THE SAID LINE OF SOUTH FEDERAL HIGHWAY; RUNNING THENCE SOUTH 88 DEGREES 33 MINUTES 55 SECONDS WEST 115 FEET TO AN IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 40 SECONDS WEST 103 FEET TO AN IRON PIPE IN THE SOUTHEASTERLY SIDE OF STATE ROAD NO 811 (OLD DIXIE HIGHWAY) (50 FOOT RIGHT-OF-WAY); THENCE, ALONG THE SAID LINE OF STATE ROAD NO 811, NORTH 49 DEGREES 16 MINUTES 20 SECONDS EAST 110.56 FEET TO AN IRON PIPE AT THE NORTHWESTERLY END OF THE CURVED HIGHWAY RIGHT-OF-WAY LINE WHICH CONNECTS THE SAID LINE OF STATE ROAD NO 811 WITH THE SAID LINE OF SOUTH FEDERAL HIGHWAY; THENCE, ALONG THE SAID CURVED CONNECTING HIGHWAY RIGHT-OF-WAY LINE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 18.57 FEET, AND ARC DISTANCE OF 42.20 FEET (THE CHORD BEARING A DISTANCE OF SAID ARC BEING SOUTH 65 DEGREES 37 MINUTES 40 SECONDS EAST 33.69 FEET) TO AN IRON PIPE IN THE SAID LINE OF SOUTH FEDERAL HIGHWAY; AND THENCE ALONG THE SAID LINE OF SOUTH FEDERAL HIGHWAY SOUTH 00 DEGREES 31 MINUTES 40 SECONDS EAST 158.35 FEET TO THE POINT OF BEGINNING ALSO DESCRIBED AS FOLIO #51-42- 03-00-0630 IN THE BROWARD COUNTY APPRAISERS RECORDS AS OF MARCH 5, 2007; ALONG WITH BEGINNING AT AN IRON PIPE IN THE WESTERLY RIGHT OF WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY #1 AND SR #5) (66 FOOT RIGHT OF WAY), LOCATED 33 FEET FROM THE CENTERLINE OF SAID HIGHWAY AND 430 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF TOD - TOC Zoning Regulations 53 Ordinance 2007-007 R TOD Z�Izi�La,� 'I w - L z TOG 1 SW 3RD TER ,je 4LL+ G JL IS'lGene I ral Location MapS=DL�' Legend 41 r TOD -Transit Oriented Development District � SW 5TH STr1..i p Cam, TOC-1 -Transit Oriented Corridor One District TOC-2 _. TOC-2 - Transit Oriented Corridor Two District - 77 , SW 7TH ST 1m $W THTER i[r 1 inch equals 1,000 feet 8TH i� STyC I— 7 ,� T _ SE 8TH STS T .t ¢ I H ST " � 4 �Ji {l -IO Cr F i I I � Y� � 1f SE 9TH ST '' N =SE 101r ST = JLJ /yy"�' 0 SW_ IOTHST{J�' SE IOTH TER Imo, _ L - ? i U ,,W1ITH ST�I.40 �I -�i �i SEIITHST ��_ 1 �� — ✓ 'O -�rrtr r�� "� Y"� SE I1TH TER ly SW 12TH ST SE 12TH ST— rlTi W 13T TL� (ST.1 'fi[jrFi/ +� r i { l�. �t J SE 13TH TE�R� SE 14TH ST {{ [la.-�-�-t SW 14TH ST_..i }�-y}*'`"T` Sm 'T '� h �r L�� tier Baru ST i Date: February 22, 2007 CHANGE OF ZONING NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS GIVEN that a public hearing will be held before the City Commission on April 24, 2007 at 6:30 pm or as soon thereafter, in the City Commission Chambers, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments relative to the following requests: 1) Request by the City of Dania Beach City Commission to establish the Transit Oriented Development ("TOD") and Transit Created Corridor ('70C-1" and "TOC-2") zoning districts. AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 2) Request by the City of Dania Beach City Commission to change the zoning designation for the following described areas asfollows: a) For those properties generally bound by Old Griffin Road on the North, the FEC rail corridor on west, Stirling Road on the south, and NE 1st Court and SE 1st Avenue on the east, from existing zoning designations to TOD. b) For those properties generally abutting Dania Beach Boulevard and bound by SE 1st Avenue and NE tat Court on the west, and the Dania Beach/ Hollywood city limits on the east; from existing zoning designations to TOC-1. c) For those properties generally abutting Federal Highway between Sheridan Street and Stirling Road; from existing zoning designations to TOO-2. A general location map of the proposed zoning districts is printed below. If you have specific map questions, a large- scale TOD/TOC zoning map is available for viewing at the Community Development Office, 100 West Dania Beach, between the hours of 8:30 a.m. and 4:30 p.m., Monday - Friday. Copies of the Draft TOD/TOC zoning regulations are available the Community Development Department or on-line at http/Maniabeachfigov/zoningchanges Specific questions may be directed to 954.924-3645 or e-mailed to lcunninghamNci.dania-beach.fl.us. Please include your phone number on your a -mail correspondence so that we may phone you back. In accordance with the Americans With Disaplities Act, persons needing assistance to participate in arty of these proceedings should contact the Ciryry Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (964) 924-3624, at least 48 hours prior to the meeting. Any parson who decides to appeal any decidon made by the Planning and Zoning Advisory Boanl or the City Commission with regard to any matter considered at this meeting or morning will need a record of the premsuings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Lou Ann Cunningham Planning Associate Puluidied: Aprl116,2007 CITY OF DANIA BEACH Agenda Item # ?a 3 Agenda Request Database Date of Commission Meeting: 4/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: 4/10/2007 RESOLUTION NO. 2007-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ALLEGRIA =NTERTAINMENT, INC. OWNER OF BEACH WATCH RESTAURANT LOCATED AT THE DANIA BEACH PIER, 300 NORTH BEACH ROAD, DANIA BEACH, 7OR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct #: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 2-07: The applicant, Allegria Entertainment, Inc., is requesting an extended hour's license to allow alcohol sales until a.m. daily at 300 N. Beach Road. Hearing Notice m Map i List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 24, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C. �— Corinne Lajoie, AICP, Principal Planner COY-0— SUBJECT: EA-02-07: The applicant, Allegria Entertainment, Inc., is requesting an extended hour's license to allow alcohol sales until 4:00 a.m. daily at 300 N. Beach Road. EXTENDED HOURS LICENSE To allow alcohol sales until 4:00 a.m. daily; code allows sales until 3:OOa.m. The City Code requires extended hours applicants be enrolled in and continue to be a member in the Responsible Vendor Program as a condition of holding an extended hours license. The applicant has provided documentation from the Florida Restaurant and Lodging Association showing registration for the Responsible Vendor Program. The City Commission may require, as a condition of the extended hours of operation, compliance with any reasonable conditions deemed necessary to mitigate or eliminate adverse effects of such extended hours. This includes but is not limited to: (1) The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent residential areas of any illegal or hazardous parking. (2) The amount and degree of law enforcement activities generated by the operation of any restaurant or restaurant/bar, both outside and inside the particular location, with particular emphasis on vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or others associated with the establishment. (3) The adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking and glare from headlights or exterior lighting on nearby residential properties. PLANNING AND ZONING BOARD RECOMMENDATION On February 21, 2007 the Planning and Zoning Board approved this request. CITY COMMISSION RECOMMENDATION Continued to the April loth meeting at the request of the City Commission to allow staff to meet with applicant regarding work performed without permits. Please note the license fee for the Extended Hours License is S1,250.00 per year. RESOLUTION NO.2007-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ALLEGRIA ENTERTAINMENT, INC. OWNER OF BEACH WATCH RESTAURANT LOCATED AT THE DANIA BEACH PIER, 300 NORTH BEACH ROAD, DANIA BEACH, FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article 11, Section 4-18.1 provides that any place of business operating as a restaurant or restaurant bar in the City which is duly and regularly licensed by this State to prepare, sell and serve full course meals to the public, and if it is also a place of business which sells and dispenses alcoholic beverages, and is duly and regularly licensed by this State to sell and dispense alcoholic beverages, wine or beer therein, may apply for an extended hours license, and WHEREAS, the Planning & Zoning Advisory Board has recommended that the City Commission approve the application for an extended hours license at its February 21, 2007 regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application for an extended hours license (EA-02-07) submitted by Allegria Entertainment, Inc., owner of Beach Watch Restaurant located at the Dania Beach Pier 300 North Beach Road, Dania Beach, a copy of which is attached and made apart of this Resolution as Exhibit "A" is approved pursuant to Chapter 4, Article II, Section 4-18.1 and the appropriate City officials are authorized to process it. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 24, 2007. BOB ANTON MAYOR -COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: mm THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2007-041 I X H 1.6 i T +/% +) City of Dania Beach, Florida Department of Community Development `�" A Planning and Zoning Division Tel: (954) 924-3645 Fax: (954) 922-2687 Applicatl for Extended "Ours License For Alcoholic Beverage Establishments Date of Application: - 3 - U l Petition No. E-' ` - ()—,),- O-7 (Pursuant to Article 11, Section 4-18 of Chapter 4 Alcoholic Beverages of the City of Dania Beach Code of Ordinances) Prior to completing the application for the extended hours license, the applicant is encouraged to become familiar with Article II, Section 4-18 of the Code of Ordinances, which governs the extended hours licenses and application process for those qualifying establishments. This application must be typed or printed, Incomplete applications will not be accepted. Applications must be accompanied by nonrefundable application fee of $250.00, ccpv of estahliahment.' menu, co o} current city and count occu se, proof of participation in the Responsible Vendor Program and a copy a curr"�it quor tense. -- Request for (V� Extended Hours License (Daily until 4:00 a.m.) ( ) Extended Hours License (Sunday, between 11:00 a.m. & 1:oo p.m.) 2. Name of Business: I Street Address of Business: , 00 AJ 6 A V o 4 Business Phone: 4 N 4 ' `f) I- tf' 'Y,7 Legal description of subject property: Lot(s) Subdivision: Fax: -/:> rl . ! % f 3/5 —Will Folio #: Federal I.D. No: ? r 1 /.',' ! _Y S f� l! 3. Business Owner/Applicant LL; Address of Business Owner/Applicant: Business Phone: Home: f s? - 1' 4. Name of Property Owner: �✓ D� �� . �. CJc'i� ' �r Address of Property Owner: Business Phone: Home: The exact nature of the business for which I desire a license and which I am conducting is and i do not conduct any other business in connection therewith. Each license application shall be referred to the Planning and Zoning Board for advisory comment. The Planning and Zoning Board will then make a written recommendation to the City Commission. It shall be the responsibility of the applicant to be familiar with the criteria by which the Board will base its recommendation, and for the City Commission to grant approval. Please add any other comments, which may assist the City Commission and the Planning and Zoning Board in reviewing this request. NOTE: ALL SIGNATURES MUST BE NOTARIZED CERTIFICATION OF COMPLIANCE WITH APPLICABLE REGULATIONS (1), (We) oertify that (1)9 (We) understand and will comply with the provisions and regulations pf the Code of Ordinances of the City of Dania Beach. (1), (Vile) further certify that the above statements and documents submitted herewith are true to the best of (My), (Our) knowledge. (1), (We) understand that the application and attachments become part of the official records of the City and are not returnable. Signature of Applicant Sworn to and subscribed before me this 24-4 Notary Pu o day of Z'Ny-�A APPLICATION FEE Extended Hours License (Daily, until 4:00 a.m.) - $250.00 Extended Hours License (Sunday, 11:00 a.m. & 1:00 p.m.) - $250.00 dary Pub10 gai* pee a20 G Ccamm�' Commission M DD 37597 THIS APPLICATION IS TO BE FILED WITH THE CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT. t/7 F:!e1r,A)4, � 1St! Zed zia-1we o/te,,aeoe- e4e. 3eaCLt �✓a�Ec�////C^'asr<a.¢�a�/z�� 34r- 6�.)z<li c C ot�ycrtL�Loit /7`GCL�ri4 EizrC��2Gn/ltcl2L lice. a� moo /VffeacWZ ?o4ee, 7arz �74 3.e--Qc1z 74 !r/c sernt Aloe Q zcolzoL 4ySsiorL ,1sw �. 3-oi e vL�- Olt iI/Z001 11: 04 0J044440rx Florida Restaurant and Lodging Association 230 South Adams Street Pt) 1.3ox 1779 Tallahassee, FI.32302-1779 Hu: VO-224-2871 Sven FI Jutr T3.0. uox 610741 Pompano Beach, FI.13061 RECEIPT i Date Invuiuc Ni,. 01-11-2007 130051330 Description •Price Ttls 'fowl I%t:e Registration for Elizabeth Stork for Responsible vender ° 1 200.00 12.00 212.01) Program Toolkits ' I/1 U07 ordered I RVP toolkit LAO I Registration for Elizabeth Stork for Restaurateur Metnhcmhip 1/11/07 New Membership LAO Registratinn for Clizabeth Stork for SareStalT Spanish Employee Guldes 1/I I/07 ordered J .ssegfS LAO Registration for Eliraboh Stork for Sarestaff English Employee Guides 1111/07 ordered IOsscgl' LAO 1 250A0 0.00 "0.00 .5 40.00 ?,,If) 42.40 10 80,00 4.80 84.80 Registration for Riimbeth Stork for Shipping and Handling 1 29.00 0.00 29.00 'Total 19.20 618.20 Invoice Total 618.20 Total Paid 618.20 Balance Due 0.00 PAID JAN I a 2007 AC# 190717 STATE OF FLORIDA Department of Business and Professional Regulation Temporary LlcenselPermit for DMSION OF ALCOHOLIC BEVERAGES $ TOBACCO Valid 4COP APPLICATION # 319212-FILE # 15N73 UNTIL APPLICATION IS DENIED OR 14 DAYS AFTER APPLICATION IS APPROVED 111=7 1 6046058/ III Issued to BEACH WATCH ALLEGRIA ENTERTAINMENT INC 300 NORTH BEACH ROAD DANIA, FL 33004 BV181811? ; 4COR SRX DISPLAY AS REQUIRED BY LAW i i Board of CounCommi I B rd C FI id t- as onen, rows ounty, or a BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT FORM NO 2�061 RV200628659 fRe401-280/ACv. 10/06) FOR PERIOD OCTOBER 1, 2006 THRU SEPTEMBER 30,2007 El RENEWAL CITRANSFER SEC # l TAX ..K TAX LINEW DATE BUSINESS OPENED PENALTY T.C. FEE STATE OR COUNTY CERT/REG If TRANSFER Business Location Add.ss: TOTAL J NOV. - 15% 'PDCET�: % -'200% • After DEC. 31-25% Plus Tax Collection Fee of up to $25.00, Based on Cost of Business Tax if Paid On or After November .10 THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEWATTHE LOCATION ADDRESS ABOVE. BIW NTY AD r-% TYPE OF BUSINESS TAX PAID ^7- COU BROWARD COUNTY REVENUE COLLECTION 115 S. Andrews Avenue, Governmental Center Annex 2006-2007 FORT LAUDERDALE, FL 33301 PAYMENT RECEIVEDAS VAUDATEDABOVE *SEE INSTRUCTIONS www.broward.org/revenue Y( I jralt..- '� '!�' 2 ;� U �i -' , �� � : )f '-, '; !'-It . I ON REVERSE SIDE WUVMUCMUCLASW Ll:q ?AF ArA FL 33m.r60s Nei: &IS afvm CITY OF DANIA BEACH Community Development Occupational License Division Phone: 954 924-3644 Fax 954 922.2687 OWNER'S AUTORIZATION TO ISSUE LICENSE , certify that I am the owner / agent of the premises at -3oa , / 2va 4 ;Lqc) j,)on. n I ea 4 _ and have leased said premises to -!�o Pn 7„ � for the purpose of conducting his/her business of I further understand that the building will be inspected by the City of Dania Beach Inspectors and agree that ANY VIOLATIONS (structural, electrical, plumbing, safety and Fire Marshall): ❑ Will be corrected by me. zff�will be corrected by the above named lessee. I also understand that no alterations or additions will be made within or to the premises until the proper permits have been procured. In addition no sign will be altered, or installed upon the premises without the proper permits being pulled. FOLIO OWNE5377GENT5' SIGNATURE (LS)�- State of Florida: County of: The foregoing instrument was acknowledged before me this 3rj day of who is pers �Ily know to me or who has produced as identification, ad`WWII�"f!G(�1 did not) take an oath. R a't: ?.zoo, // NOTARY LIC / _ (SEALI,,,_ g� #DD34 MY MMISSION EXPIRES: CITY OF DANIA BEACH Community Development Occupational License Division Phone: 954 924J64/ Fax 954 922-26U AFFIDAVIT OF INVENTORY If your business carries an inventory of merchandise, we need to have this affidavit properly executed and returned to the Division of Occupational Licenses. 1, certify that the average dollar ($) value of inventory maintained on site of I eudl is $ 3 0, 000 NAME OF BUSINESS SIGNATU 7 OF OWNER OR OFFICER /'-`ca•� c--✓7` TITLE DATE State of Florida• pp County of: The foregoing Instrument was acknowledged before me this day of %j%Ue�rGy�r , �ZXlv, by S5VM J x 4z who is personally know to me or who has produced as identification, and who did (or did not) take an oath. NOTARY PUBLIC (SEAL) CAt lai .[ U- MY COMMISSION EXPIRES: Lk�(.J�' ��� MARY PURIG 11r Broward Sheriff's Office District 2 - Dania Beach Crime Prevention Unit 100 W Dania Beach Blvd Dania Beach, FL 33004 Phone # 954.926.2400 Dania Beach Business Watch Membership Application (PLEASE PRINT) Date: Business Information Business Name: .Cl-C%c Lt� G1 2 Business Address: OCC> lcf -,13ec,C6 kdaa City: Dania Beach Business Phone: QJi- 9�2 -IfQ &-) E-Mail Address: Hours of Operation: State: FL ZIP: —:,) Business Fax: ? ->y -,2 3Y) — � 3 ) -� owner / Manager Contact Information I Name: 5 U e \ � -e_- II Address: i s t o S I Z�'tgAce �,{e1/Iy-EeQLL Home Phone: qJ4-�a3-d'R► q Cellular: ,sit - kqDI-9,E9'1 Emergency Contact Information Name Telephone Comments: For information on this and other crime prevention programs, please contact our Crime Prevention Unit at 954.926.2400. Zone # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants callcenterOdbor.state fl. us 850.487.1395 RECEIPT FOR LICENSE DBPR oOO re LICENSENUMBER. 1621677VAV LICENSE TYPE. 2010/ Permaner Food Service -Seating FILE NUMBER: 201847 SeataAlnila. r This verifies that ALLEGRIA ENTERTAINMENT INC z Doinq business as BEACH WATCH � _ ✓ 0 /'7 has met the reouirements for Permanent Food Service-Seatim licerawre to operate at. DATE n 300 N. DANIA BEACH BLVD I �nrC 2 F k � //1/^11c DANIA. FL 33004 INSPECTOR NAME Them authorization to operate for 30 days. An annual license will INSPECTOR SIGNATURE be mailed to the address on record within that period . /Report HR402A-DE7-replaces DBPR Form HR 5021-024 Receipt for Lkensel CITY OF DANIA BEACH 100 W DANIA BEACH BLVD DANIA BEACH FL 33004 C E R T I F I C A T E O F O C C U P A N C Y P E R M A N E N T Issue Date . . . . . . 1/10/07 Parcel Number . . . . . 5042-36-00-0030- Property Address . . . 300 N BEACH RD Subdivision Name DANIA BEACH FL 33004 , Legal Description . . . 36-50-42 TRACT OF LAND IDENTIFIED AS PARCEL 1 IN DB 779/373 LESS PA Property Zoning . INC'D IN FOL DESC'D PROP;COMM Owner . . . . . . . . . CITY OF DANIA Contractor . . . . . . SC SCOTT CONSTRUCTION INC 954 946-3009 Application number 06-00002051 000 000 Description of Work COMM - NEW AMUSEMENT,SOCIAL,REC BLDG Construction type . . . TYPE 11-B Occupancy type . . . . ASSEMBLY, 50-1000 Flood Zone . . . . . . I UNKNOWN Approved VOID UNLESS SIGNED BY BUILDING OFFICIAL L� CITY OF DANIA BEACH 100 W DANIA BEACH BLVD DANIA BEACH FL 33004 C E R T I F I C A T E O F O C C U P A N C Y P E R M A N E N T Issue Date . . . . . . 1/10/07 Parcel Number . . . . . 5042-36-00-0030- Property Address . . . 300 N BEACH RD Subdivision Name DANIA BEACH FL 33004 Legal Description . , . 36-50-42 TRACT OF LAND IDENTIFIED AS PARCEL 1 IN DB 779/373 LESS PA Property Zoning , INC'D IN FOL DESC'D PROP;COMM Owner . . . . . . . . . CITY OF DANIA Contractor . . . . . . COASTAL CONTRACTING & DEVEL. 954 920-7444 Application number . . 05-00001337 000 000 Description of Work . . COMM - NEW AMUSEMENT,SOCIAL,REC BLDG Construction type . . TYPE V PROTECTED Occupancy type . . . . ASSEMBLY, 50-1000 Flood Zone . . . . . . UNKNOWN Approved . . . . . . Q tvd✓ Buildi g Official VOID UNLESS SIGNED BY BUILDING OFFICIAL PUBLIC HEARING NOTICE CITY OF DANIA BEACH EA-02-07 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on TUESDAY APRIL 10, at 7:00 a.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: EA-02-07 - Request by Beach Watch for permission to allow alcohol sales until 4:00 am daily for property located at 300 North Beach Road, Dania Beach Pier. (Chapter 4 Alcoholic Beverages; Article II 4-18 "Hours of Sale" prohibits the sales of alcohol on weekdays until 3:00 a.m.) For information about the proposed extended hour's liquor license, contact the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the public hearing. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3623, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: March 30, 2007 LOCATION MAP: City of Hollyw Sit N I U OS 0 F / Atlanbc Ocean S 5 0 0 2 9 < p L N V O n O M N 0 O N Q rn ^ o M W Q O p m U m W V N M c7 J LL- J w N - W LL W Z W } u~i L) U) 2 L) J WO¢ 0 - o > N J W m > W 00 � Z 0000 Q 0,N N > M1 T BIZ RRQ x 0 Z C Q V o0 LL 0 N m _ Q1.0 O :4 _ ouj a Eo � Q wLL W \ F V UJ = wU a Z_ �000 LL J 0 Z n. Y W W > O W 0 d ~ W W J W Q J O 0 a LL Z m O 0 O L U V JIB } LL Q Z mam V LL 2 OF m m O p o m m L C C U fl n M O O m m m O O N N _I m O O O O rn o m >, p n o r Cl) m O fA U' N N N Z 17 I q h LL o o C. 3 n c o v co O V O1� M O O V O O V r N V (n M4IT O F- r o 0 0 0 3 oT7 v O O v ro (T I- OD v NN n Cl) ((00 (0 O 0 C (00 V cc0 7 N Cl) N C. ?, O (00 O ` V O N O N O ' N r-UO N � r (D Cl) M O P�: N N O Y ♦y a E a > > > U 0 0 0 o (000(0 N > 00 M O UO 'O ate+ V UO CC) (D O UO O N UD r m O O CD CD O O O O O O O O CD CD O O CD O O CD CDO O O O O O O CD V +' O O O CDO O O O O O O O CD O O d I m CDO O O O 0 O O O O U O 0 0 0 0 0 0 U O 0 0 0 0 (A O O CD O O O O D O E O O 0 (0 UOO O N O O V (7606 a CDa O O OmN OOt`a V rNO7O N O O Cl) co (0 N V N N C y N C N O (D> O m y6 E m > p O_ 0)O N 0)p L O` -0 O (n p > (D m N LL m a U d C > Y > m N T m (� C w E m m e 0)U d 3 d L O C -p O E N U a p m N O m E 'O O t ca Y N V E p m p m mp •«NO� yC L t 'D N a) Lm Co Na- Ca) CM O0) N O C N m D-a2(4U-iULL�U22 n v Z��(/i MEMORANDUM CITY OF DANIA BEACH TO: Mayor and City Commission CC: Ivan Pato, City Manager FROM: Louise Stilson, City Clerk RE: City Commission Summer Vacation DATE: April 18, 2007 Attached is a calendar for June and July that lists the scheduled meetings during this time period. Please compare this calendar to your personal calendars and decide what would be best for the Commission's summer vacation. Z i ''. LL mtiNN C �VpI j9 I C I I N aMmN cs I : i t.. N VI NPNNImII 9 ". T". I tiNN C I ~ NnFIN N S! 0 ex N N n 00 I m ti Iry i �N I g1 Q¢ i I Y N O m N 0 ` E N P Em f N p N un V E nr? i� 0 I u N I VI 3 MWtif�`eR f NHNN £ WMRN V1 tiPH Vl l�pryry L LL f�W^MN I n � £ rvC'ti G ■ O N 3 rn Lt O s I� n - O� p j zI T I D p: C yy IW W I W � ;riht �i E IE E r o0 W C `0�n E of E I c M b T