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2007-05-08 Regular City Commission Meeting Agenda Packet
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MAY 8, 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 IS 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 Timothy Shellman, St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 City Commission enforcement of Public School Concurrency as part of the Site Plan and Plat Review Process — Susan Trevarthen, Special Land Use Counsel to the City of Dania Beach 5. PROCLAMATIONS 5.1 National Public Works Week (Contin uedfrom April 24, 2007) 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 Dania Beach City Commission Agenda—May 8, 2007 Page 2 of 7 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 24, 2007 City Commission Meeting 7.2 Travel Requests: Request of Ben Rudbeck and John Williamson to attend the National Fire Academy Incident Safety Training in Ocala, Florida on May 20-22, 2007. (Estimated cost $434.40 — Remaining Budget $10,028.21) Resolutions 7.3 RESOLUTION 42007-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX Dania Beach City Commission Agenda—May 8, 2007 Page 3 of 7 (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2006-2007 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING SENATE BILL 742, WHICH WOULD PROHIBIT COUNTIES AND MUNICIPALITIES FROM USING TAX REVENUES TO SUE OTHER LOCAL GOVERNMENTS; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THE BILL; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE, WHICH PROTECTS LAKE OKEECHOBEE IN THE STATE OF FLORIDA, TO BRING THE DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF AN ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; REQUESTING LOCAL SOUTH FLORIDA GOVERNMENTS TO ENACT RESOLUTIONS SUPPORTING THESE REQUESTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; Dania Beach City Commission Agenda—May 8, 2007 Page 4 of 7 PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM FISHER SCIENTIFIC COMPANY, LLC, IN AN AMOUNT NOT TO EXCEED $33,000.00 FOR FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION 42007-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2007 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.12 ORDINANCE 42007-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TAXATION" BY REVISING SECTION 23-111 TO PROVIDE FOR HOMESTEAD EXEMPTION OF UP TO $50,000.00 FOR ANY PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE AND MEETS OTHER SPECIFIED ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—May 8, 2007 Page 5 of 7 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE 42007-009 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 5T" 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 ALAP' PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 RESOLUTION #2007-081 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-17-07) SUBMITTED BY HEIDI DAVIS KNAPIK, WITH GUNSTER, YOAKLEY & STEWART, PA, REPRESENTING PROPERTY OWNER, THE ARAGON GROUP, INC., TO VACATE A PORTION OF NE 2No STREET BETWEEN FRONTON BOULEVARD AND (UNIMPROVED) NE 4T" COURT IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.3 RESOLUTION 42007-090 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO CONVEY TO THE ARAGON GROUP, INC., PORTIONS OF NE 2No STREET, FRONTON BOULEVARD AND (UNIMPROVED) NE 4T" COURT, IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; AUTHORIZING SUCH OFFICIALS TO EXECUTE A QUIT CLAIM DEED, A COPY OF WHICH IS ATTACHED AS EXHIBIT "B"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION 42007-089 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A TEMPORARY ROAD AND UTILITY EASEMENT FROM THE ARAGON GROUP, INC., A Dania Beach City Commission Agenda—May 8, 2007 Page 6 of 7 FLORIDA CORPORATION, IN CONNECTION WITH THE CONSTRUCTION OF THE DANIA JAI ALAI REDEVELOPMENT PROJECT LOCATED AT 301 EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION #2007-082 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY RENEE M. MILLER OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE LOCATION OF THE 100 FOOT ACCESS OPENING ON THE PLAT KNOWN AS THE "DJP AIRPORT WEST" PLAT, GENERALLY LOCATED AT THE WEST SIDE OF SW 26T" TERRACE, BETWEEN SW 32No STREET AND SW 33RD STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 RESOLUTION #2007-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THE ESTABLISHMENT BY THE CITY FINANCE DIRECTOR OF A DESIGNATED ACCOUNT IN CONNECTION WITH THE RECEIPT OF REVENUE TO BE DERIVED FROM THE "DANIA JAI ALAP" PARIMUTUEL OPERATION, TO BE REDEVELOPED AT THE SITE KNOWN AS "DANIA JAI ALAP, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 11.2 Sheridan Street Widening—Commissioner Castro 11.3 Update on report for moving City Elections to November—Commissioner Castro 11.4 Discussion of possible funding of uniforms for Collins Elementary School Band and Choir Group in an amount not to exceed $4,000—Vice-Mayor Jones Dania Beach City Commission Agenda—May 8, 2007 Page 7 of 7 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Flury— 1 appointment Vice-Mayor Jones— 1 appointment 12.2 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.3 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Vice-Mayor Jones—2 appointments 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 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: 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 CITY OF DANIA BEACH Agenda Item # `!`• / Agenda Request Database Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Discussion NNW nommommm Dept: Acct#: Arl Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Presentation: City Commission enforcement of Public School Concurrency as part of the Site Plan and Plat Review Process Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Deoartment Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT To: Mayor and City Commission Ivan Pato, City Manager Tom Ansbro, City Attorney From: Laurence Leeds, AICP, Director Community Development Re: Presentation: City Commission enforcement of Public School Concurrency as part of the Site Plan and Plat Review Process Date: May 8, 2007 ------------------------------------------------------------------------------ On March 30, 2007, staff informed the City Commission of a pending Interlocal Agreement with Broward County and the School Board requiring the City to enforce school concurrency as part of the site plan review and plat process. Today, school concurrency is only evaluated when the City submits a land use plan amendment requesting increase in residential density. Effective February 8, 2008 all residential projects (including those not proposing any increase in density) will be required to comply with school concurrency in order to obtain site plan approval from the City Commission. This will force developers who add students to overcapacity schools to mitigate the impacts in order for the site plan to remain effective. Susan Trevarthen, Special Land Use Counsel to the City of Dania Beach, has prepared a summary describing how the process works, as well as a time-line for the City to comply (See attached). Ms. Trevarthen will also be attending the May 8, 2007 City Commission to answer your questions or relay your comments to Broward County and the School Board. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT To: Mayor and City Commission Ivan Pato, City Manager Laurence Leeds, Director, Community Development Via: Thomas Ansbro, City Attorney From: Susan L. Trevarthen, Esq., AICP, Special Land Use Counsel Re: Commission Review of Draft Broward County School Interlocal Agreement Date: April 26, 2007 ------------------------------------------------------------------------------ I. Introduction As previously noted in our memorandum of March 20, 2007 (see attached), the Florida Legislature recently mandated that public school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities by the end of 2008. See, Sections 163.31 77(1 2)(i) and 163.3180(13), F.S. Broward County and the Broward County School Board are seeking initial comments from municipal governing bodies. This memorandum provides a more detailed summary of the changes to the School Interlocal Agreement (the "Revised Agreement'), which are necessary to implement public school concurrency. A schedule for meeting this mandate is attached. II. Summary of the State Mandated Amendments to the School Interlocal Agreement. School concurrency will be tested at the time of residential subdivision or site plan approval (or functional equivalent), and is a function of the size, type and location of the development. School concurrency will replace the "voluntary mitigation" policy that the Broward County School Board has been applying for the past several years although an option for mitigation at the time of comprehensive plan amendment or rezoning remains available. Under the Revised Agreement, development that is neither vested nor exempt must demonstrate that public school capacity is available to meet their impacts at the adopted Level of Service standard. A. Level of Service. Public school facilities will be added to the required concurrency review of development. Just as a road might be required to be maintained at Level of Service "D," public school facilities will also be required to be maintained at a Level of Service standard. "Level of Service" or "LOS" means "an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility." The draft Revised Agreement proposes a LOS standard, which must be maintained for each Concurrency Service Area, at 100% of permanent Florida Inventory of School Houses' ("FISH") capacity for every elementary, middle, and high school within the County.z B. Concurrency Service Area. In order to ensure that school concurrency is implemented, the LOS standard must be measured within a specific area ("Concurrency Service Area" or "CSA"). The statutes and draft Revised Agreement define CSA as "the geographic area or effective school boundary for each school level where the public school concurrency Level of Service standard will be measured when an application for residential development is reviewed for school concurrency purposes." In the County, it is proposed that each specific school boundary (elementary, middle, and high) will be its own CSA. C. School Concurrency Process. When a developer submits an application for a residential plat or site plan approval, the local government will forward the request for school concurrency review to the School Board. The School Board has 45 days to complete its public school concurrency determination, which consists of three steps and is performed three times: for elementary school impacts, middle school impacts and high school impacts. The first step requires determining: (i) which school attendance boundaries include the proposed development, (ii) the existing LOS at those schools (CSAs), and (iii) the potential impact this development will have on the LOS for each affected CSA. If the School Board determines that any affected CSA will be operating below the adopted LOS standard (i.e., 100% of FISH) because of this development's impacts, the School Board will then move to the second step. The second step requires the School Board to review the 5 year Educational Facilities District Plan to determine if there is an improvement scheduled in the first 3 years of that plan that will address the impact of the students proposed by the development. Only if there is not available capacity at the affected CSA or in the first 3 years of the planned improvements for that CSA will the School Board move to the third step, which is to look at CSAs that are contiguous to the affected CSA, and determine if there is available capacity in any of those contiguous CSAs. If there is no capacity in the affected CSA, no plan to provide such capacity within the first 3 years of the 5 year plan, and no capacity at any contiguous CSA, then the School Board will determine that there is not adequate school capacity for that level of school. At that point, Florida Inventory of School Houses (FISH) is the state's system of measuring the capacity of public educational facilities. 2 Notably, to maintain the adopted LOS standard, the draft Revised Agreement allows the School Board to utilize relocatable classrooms (portables)on a temporary basis as an operational solution, if necessary, during the replacement or expansion of School Board facilities or in case of a disaster or emergency. 2 the developer has the following options: (1) wait until adequate capacity exists, such as when a programmed improvement will provide the needed capacity in Years 4 or 5 of the plan; (2) phase its development so that the impacts can be accommodated; or (3) provide proportionate share mitigation to offset the impacts of the proposed development that cannot be accommodated today. If no mitigation is offered by the developer or the School Board decides not to accept the mitigation and place it on its 5 year plan, the City must defer or deny the application for plat or site plan approval. This rule applies even if no change is sought to the zoning or the future land use classification. D. Proportionate Share Mitigation. If capacity is not available, the developer will have an opportunity to propose proportionate share mitigation. Under the draft Revised Agreement, the following four mitigation options are available to the developer: (i) dedication of land; (ii) payment for the construction of schools or additions; (iii) provision of mitigation to a municipal charter school that meets certain requirements; and (iv) other options proposed by the applicant that are accepted by the School Board. Notably, mitigation that is proposed to address the deficiency in capacity is required to equal at least one modular or permanent classroom under the draft Revised Agreement, because: (i) the School Board must add all mitigation to its 5 year plan at the next update following acceptance of that mitigation, and (ii) school capacity cannot be provided in half- classrooms. If the developer's impacts are less than one classroom, the draft Revised Agreement provides for mitigation banking, which allows the developer to be reimbursed by other subsequent developments that benefit from that classroom. Mitigation requiring the acquisition of land is required to include a land cost factor. If the mitigation proposal is accepted, it must be ensured by a binding agreement with the developer, School Board, and the City, which must be entered into prior to plat or site plan approval. If the proposal is not accepted, then the application must be denied or deferred. Payment for such mitigation shall be within 3 months after site plan approval and 6 months after plat approval.; A developer may request a refund for monies paid within one (1) year of payment if: (i) the proposed development is not constructed in any part; or (ii) the plat or site plan (or functional equivalent) approval expires and the approval has not been extended; and (iii) the monies have not been committed or used by the School District to defray the school impacts originally anticipated to occur as a result of the proposed development. E. Vested and Exempt Development. Developments that are already required to provide mitigation for school impacts, such as the City's Local Activity Center (LAC), are vested from these requirements, along with previously approved Developments of Regional Impact and unexpired plats and site plans 3 It should be noted that the Revised Agreement is likely to be amended to provide that payment is due 6 months after both types of approvals, or at a time otherwise agreed in the proportionate share mitigation agreement. 3 approved prior to February 2008. Developments that result in an impact of less than one student, which could include several dwelling units depending on their size and type, are exempt from the requirements, as is age-restricted elderly housing. F. Failure to Enter into the Revised Agreement. The City does have the ability to negotiate certain terms within the Revised Agreement with the County, School District, and 25 other municipalities who are parties to the Agreement,4 but failure to execute an Agreement and implement a uniform system of school concurrency may cause sanctions to be imposed against the City and the School Board. These sanctions include at least 5% of the state funds relating to the increase in the capacity of roads, bridges, or water and sewer systems, as well as grants. Also, the City could lose the ability to approve any plan amendment that increases residential development. The School District could lose at least 5% of the school construction funds from the Department of Education for a failure to execute the Revised Agreement and implement school concurrency. III. Conclusion. The Revised Agreement and the various comprehensive plan amendments will be transmitted to the Florida Department of Community Affairs for review over the summer, so that they can be adopted by the end of 2007. By February 1 , 2008, the revised School Interlocal Agreement must be executed, the various plan amendments must be effective, and the implementing land development regulations must be adopted. 4 The Revised Agreement provides that the approval of 75%of the municipalities representing at least 50%of the population within the County is sufficient to make the Agreement effective or to amend it. 4 B ARD COUNTY URBAN PLANNING AND REDEVELOPMENT DEPARTMENT Administration 115 S.Andrews Avenue,Room 329E•Fort Lauderdale, Florida 33301 •954-357-6612•FAX 954-357-8655 April 30, 2007 Dear Mayor, The Broward County Urban Planning Department is seeking your municipalities' concurrence and comments regarding a draft Model Broward County Public School Facilities Element (Model School Element). Pursuant to Chapter 163.3177 F.S., Broward County and the municipalities within the County are required to adopt School Elements which are consistent with each other by February 1, 2008. The School Elements must establish goals, objectives and policies for implementing school concurrency county-wide in compliance with State planning requirements. To assist the municipalities in meeting the statutory requirements, Broward County has taken the lead in preparing a Model School Element which can be used by the municipalities to draft their own elements. As one of the conditions of a grant provided by the Florida Department of Community Affairs, the County is required to seek consensus from the municipalities on the Model School Element. Staff has worked closely with the municipalities' to prepare the Model School Element through the Staff Working Group (SWG). The SWG is established by the Interlocal Agreement for Public School Facility Planning (Interlocal Agreement) and comprised of staff representatives appointed by each municipality, the County and Broward County School Board. The SWG held several meetings on the Model School Element and, at their March 23, 2007 meeting, voted to move the Element out of committee and through the review process. Note that the SWG has also been working with the Broward County School Board on amendments to the Interlocal Agreement required by State law to establish intergovernmental review procedures and standards necessary to implement school concurrency. The School Board is currently seeking municipal input on the draft Interlocal Agreement recommended by the SWG. Attached for your review are the Model School Element goals, objectives and policies and related required objectives and policies for the Intergovernmental Coordination and Capital Improvement Elements. We are requesting that the municipalities submit their endorsement of the Model School Element along with any additional comments by May 25, 2007. This will allow us to meet our grant requirement to submit a final draft of the Model School Element with documentation of municipal consensus to the Florida Department of Community Affairs by June 1, 2007. Broward C #�r County Commissioners Josephus Eggelletion,Jr.•Sue Gunzburger•Kristin D.Jacobs Keel a@ l �eYi�1. i�t47�(t,S r1 John E.Rotlsirom,Jr.•Diana Wasserman-Rubin•Lois Wexler Thank you for your assistance in this important matter. Should you have any questions or concerns, please contact me at 954 357 6602. Sincerely, Peter Ross, Deputy Director, Urban Planning and Redevelopment Department Cc: City Manager Staff Working Group Members General Time Line for Implementation of School Concurrency in Broward County Amendments to Public Schools Facility Interlocal Agreement And Adoption of Broward County Public School Facilities Element (Revised March 5, 2007) Broward County, the 26 non-exempt municipalities within the County, and the School Board of Broward County are required to adopt amendments to the existing Public Schools Facility Interlocal Agreement (ILA) to address requirements for implementation of school concurrency pursuant to Section 163.31777 F.S. The amended ILA must be submitted to the Florida Department of Community Affairs (DCA) by no later than February 1, 2008. Broward County and the municipalities are also required to adopt Public School Facilities Elements, including amendments to their Intergovernmental Coordination and Capital Improvements Elements, which must be submitted to DCA by the same date. This general timeline outlines a schedule for meeting these requirements in advance of the DCA deadline. It is anticipated that the actual dates may vary somewhat from the proposed timeline. Also, it is anticipated that additional meetings and workshops will be held as necessary. The adoption schedule for Public School Elements by the municipalities is not addressed in the timeline as these may vary for each municipality as long as the adoption process is completed by February 1, 2008. July 18, 2006 School Board staff meeting with selected School Board Senior Managers to discuss recommended District wide level of service standards (LOS), concurrency service areas (CSA), the financially feasible District Educational Facilities Plan (DEFP) and proposed ILA amendments. July 24, 2006 School Board senior managers discuss the District's recommended LOS, CSA, the financially feasible DEFP and proposed amendments to the ILA at Senior Management meeting. August 1,2006 School Board staff advises School Board Members via memorandum about the District's recommended LOS, CSA, the financially feasible DEFP and proposed amendments to the ILA. September 8, 2006 Staff Working Group (SWG) Concurrency Subcommittee begins discussion of ILA issues. (The SWG is comprised of appointed staff members from each municipality which is party to the agreement, the School Board and County. September 29, 2006 School Board staff provides status report on progress regarding amendments to the ILA to School Board Members via memorandum. *Critical Dates 5/1/2007 **Public School Facilities Element activities in bold. *October 11, 2006 Status report to the Oversight Committee (the 15 member committee appointed by the School Board, County and Broward League of Cities to monitor the Interlocal Agreement), regarding amendments to the ILA. October 20, 2006 SWG Concurrency Subcommittee review of first draft of ILA prepared by School Board staff. November 3, 2006 SWG Concurrency Subcommittee review of ILA. November 16, 2006 SWG Concurrency Subcommittee review of ILA. December 1, 2006 SWG Concurrency Subcommittee review and recommendation on ILA. December 12,2006 Broward County Approves Agreement with DCA to prepare model Public School Facilities Element P( SFE) which may be used by all Broward municipalities. *December 15, 2006 SWG review of ILA. *January 5, 2007 SWG review and recommendation on ILA. *January 10, 2007 Status report to the Oversight Board regarding amendments to the ILA. January 12, 2007 Florida Atlantic University (FAU) Panel Review of the ILA. January 26, 2007 SWG Concurrency Subcommittee review of draft FAU Panel comments and suggestions. February 12, 2007 SWG Concurrency Subcommittee review of draft FAU Panel comments and suggestions. February 21, 2007 SWG Concurrency Subcommittee recommendation on draft Amended ILA that includes FAU Panel comments and suggestions. March 2, 2007 SWG review of ILA, FAU panel comments and suggested ILA revisions. March 2007 Provide copy of draft ILA to the School Board, Broward County and municipalities for comment via e-mail. March 23, 2007 Public Workshop to discuss draft Amended ILA and model PSFE. (10:00-1:30PM, Room 430, Broward County Governmental Center) *March 27, 2007 School Board Retreat regarding the draft Amended ILA. (Plantation *Critical Dates 2 "Public School Facilities Element activities in bold. *March 30, 2007 UPRD transmits draft model PSFE to DCA for review. *April 11, 2007 Oversight Committee review of draft Amended ILA. including municipalities. April 2007 Revise the 11 n to ..,7,7«ess s; cf,,m the c,.l ool Board, Bret ard. County, muni6palities, the Oversight Committee an—public. April 20, 2007 SWG reviews comments from Public Workshop, School Board Retreat and Oversight Committee meeting for suggested revisions to ILA and Model PSFE. (9:30-12:OOPM GC329F) April 30, 2007 Oversight Committee review of draft Amended ILA. y 7 Staff tranqfnittal of a c. ampndpd n e te- the Pepaft...,...* c r , Cem+nunity Affairs (PCA) for informal review. May 2007 Second Broward County Comprehensive Plan Workshop for model PSFE to review DCA comments (If needed) *May 2007 UPRD seeks general consensus on draft model PSFE from municipalities and School Board. May 25,200 Comments due to School Board & UPRD staff from Municipalities regarding consensus on model PSFE and suggested revisions to the Draft Amended ILA June 1,2007 School Board staff transmits draft ILA to DCA for informal comments. UPRD staff transmits final model PSFE to DCA. June 2007 Initiate amendments to School Board Growth Management Policy 1161 to incorporate and address public school concurrency provisions. June 2007 Broward County Planning Council 1s, Public Hearing for Land Use Plan Amendments related to the Public School Facilities Element. *July/August School Board public hearing and formal action regarding the Amended ILA July 2007 UPRD Local Planning Agency (LPA) on Broward County Public School Facilities Element. *Critical Dates 3 **Public School Facilities Element activities in bold. *August 2007 Broward County, School Board and Municipalities transmit Amended ILA to the Department of Community Affairs (DCA) for formal review and approval. Transmittal includes adopted 2007/08-2011/2012 DEFP. *August 2007 Broward County Commission Transmittal Public Hearing for Public School Facilities Element and related Broward County Land Use Plan Amendments. *October 31, 2007 Findings due back from the DCA regarding consistency of the amended ILA with State requirements. These may require revisions to Amended ILA and formal action on amendments by the parties to the agreement. November 2007 School Board first reading on amendments to Policy 1161. Dec 2007/lan 2008 School Board second reading/adoption of amendments to Policy 1161. *December 2007 Broward County Commission Public Hearing for adoption of Public School Facilities Element and related Broward County Land Use Plan Amendments. *February 1, 2008 School concurrency becomes effective in Broward County contingent upon DCA finding of consistency, resolution of any administrative challenges and adoption of implementing regulations. *Critical Dates 4 **Public School Facilities Element activities in bold. Message Page 1 of 3 Loftier, Christine From: Leeds, Larry Sent: Monday, April 30, 2007 5:04 PM To: Loftier, Christine Subject: FW: Memo re school agreement for commission discussion Chris : Please print out the above attachments for backup to the school concurrency study. Laurence Leeds City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 954-924-3640 e-mail: Ileeds@ci.dania-beach.fl.us -----Original Message----- From: Susan L. Trevarthen [mailto:STrevarthen@wsh-law.com] Sent: Friday, April 27, 2007 5:08 PM To: Leeds, Larry Cc: Ansbro,Tom; Lajoie, Corinne; Chad Friedman Subject: RE: Memo re school agreement for commission discussion Apologies Larry, but we forwarded the wrong version of the memo to you in the email below. Please use the attached memo instead. I have also added the attachments to this email again for ease of reference, but they have not changed. Susan L. Trevarthen,AICP Wim Equity Shareholder SrA Weiss Scrota Helfman Pastoriza Cole& Boniske, P.A. HEUMALN P 1_00 East Brow ard Blvd.. Suite 1900 H. Lauderdale, FI.33301 COM���h strevarthenLawsh-law.com BONI9lMEA. Tel:954-763-424- Fax: 954-764-7770 This message, to with any attachments, is intended only for the addressee. It may contain information which i; legally privileged- confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, cop)ine, distribution, use, or any action or reliance on flik communication is strictl} prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954-763-4242) w by return e-mail and delete the message,alone with any attachments. From: Susan L. Trevarthen Sent: Friday, April 27, 2007 3:45 PM To: Laurence Leeds (LLeeds@ci.dania-beach.fl.us) Cc: Tom (Dania-Beach); Church Lajoie, Corinne; Chad Friedman Subject: Memo re school agreement for commission discussion 5/1/2007 Message Page 2 of 3 Attached please find the memo that you requested, along with two attachments. The School Board and County are seeking written comments from each city, and will forward them to DCA. In response to your question below, the system is not completely pay and go. The smallest possible unit of mitigation is one modular classroom. If a developer creates an impact of less than one classroom, there is no statutory basis to treat the developer as de minimis or otherwise allow the developer only to pay for its students of impact. The developer will either have to band together with other developers seeking to develop at the same time needing that capacity, convince the school board or some other entity to pay for the difference, or pay for the classroom and eventually be reimbursed via mitigation banking. There is a short refund provision, as addressed in the memo, of 6 months, but the statute requires the School Board to commit to place the improvement on its five year plan either before agreeing to mitigation or at the next available update. Because the mitigation must be associated with a particular improvement and because the School Board must program that improvement promptly, the potential time frame for a refund is short. Some language has been discussed to provide that, if the mitigation proposed is a modular classroom, then mitigation programming and payment can be deferred until building permit, recognizing that it takes much less time to provide a modular classroom than to construct other types of permanent capacity. This language is not in the latest draft, but is being advocated by at least one other city. Please do not hesitate to contact me if you have any questions or need anything further. Thanks. SENOrk HgLfMAN Cots* Susan L. Trevarthen,AICP Equity Shareholder Weiss Scrota I-Iel£man Pastoriza Cole& Boniske. P.A. 200 East Broward Blvd., Suite 1900 Ft. Lauderdale, FL 33301 strevarthemivwsh-law.com Tel: 954-763-4242 Fax: 954-764-7770 5/1/2007 Message Page 3 of 3 -1his message.together with any attachtnemts. is intended only for the addressee. It may contain information which is legally privileged. confidential and exempt from disclosure. If you are not the intended recipient.you are hereby notified that any disclosure, copying. distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954-763-4242) or by return e-mail and delete the message,along with any attachments. From: Leeds, Larry [mailto:lleeds@ci.dania-beach.fl.us] Sent: Tuesday, April 24, 2007 3:53 PM To: Susan L.Trevarthen; Tom (Dania-Beach) Cc: Lajoie, Corinne; Pato, Ivan Subject: School Concurrency: Discussion and Possible Action Susan: Corinne tells me that the Chris A.and Peter Ross (Staff Working Group)are requesting comments from the various city commissions no later than May 25. Based on this: 1) Please prepare a summary memo of the latest mterlocal by April 27 for commission review. The memo should identify when the Commission cannot approve a site plan or plat due to school overcapacity. This includes when the developer-school agreement must be executed (prior to after site plan approval)and when the student station fees must be paid. Also, if the developer creates a demand for 4-5 students, is she required to put up the money for an entire classroom? Is the money refundable if the developer decides not to move forward with her project? The memo should also indicate the city' bargaining position (if any) regarding the terms of the agreement,and what happens if 75% of the cities do not sign on. This memo should be from you via Tom to the City Commission. I would limit the memo to 2-3 pages. Please note that the typical residential parcel downtown is 1-2 acres (Up to 75 units/acre). Out west (5-10 units per acre)the typical parcel size is 2-4 acres. Also, it is my understanding that all the schools east of US I (Dania Elementary, Olsen,and South Broward are overcopcity). 2) Please plan to attend the May B City Commission when this issue will be discussed by the city commission under "Discussion and possible action". Laurence Leeds City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 954-924-3640 e-mail: Ileeds@ci dmia-beach.B.us 5/1/2007 PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) GOAL 1. PUBLIC SCHOOL CONCURRENCY The Broward County Board of County Commissioners (Broward County) in collaboration with the School Board of Broward County (School Board) and Broward County municipalities (municipalities) shall ensure that public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards (LOS). This will be accomplished recognizing the School Board's statutory and constitutional responsibility to provide a uniform system of adequate public school facilities and the authority of Broward County and the municipalities for development permitting and comprehensive planning. Objective 1.1. FINANCIALLY FEASIBLE DISTRICT EDUCATIONAL FACILITIES PLAN The School Board, pursuant to Chapters 163.31 d 163.3180 F.S. and the Interlocal Agreement for Public School Facility Planni LA), shall prepare and annually update and adopt the Five-Year District Education acilities Ian (DEFP) which shall contain a five-year financially feasible schedule tal im vements to address existing deficiencies and achieve and maintain the a service in all concurrency service areas (CSAs). The School Board shal ensure that school facilities are planned to meet the long-term planning period o ublic School Facility Element (PSFE) of the Broward County Comprehensive Plan. Policy 1.1.1. The DEFP shall include a financially asible schedule of capacity additions to existin schools and construction of new schools to eliminate existing level of servic ties and meet the needs of projected growth for the five-year planning pe This cially feasible schedule shall be annually adopted into the Broward Com ensive Plan Capital Improvements Element (CIE) and the capital impro t el is of the municipalities. This adoption may either be by reference or by ant portions of the adopted DEFP, but in no event shall the Con munictp attempt to modify the adopted DEFP. Policy 1.1.2. The DEFP ovide year-by-year projections of the capacity needed to achieve and maintain th dopted LOS within the CSA for each school for the five- year planning period. These projections are included in the supporting documents of the PSFE. Policy 1.1.3. The DEFP's five-year financially feasible schedule shall provide for the remodeling/renovation of existing schools to meet the identified needs of aging schools and replace worn facilities. Policy 1.1.4. The DEFP shall be amended on an annual basis to: 1) add a new fifth year; 2) reflect changes in estimated capital revenues, planned capital appropriations costs, planned capital facilities projects, CSAs and school usage; and, 3) ensure the DEFP continues to be financially feasible for the five-year planning period. Broward County Page 1-1 Comprehensive Plan Adopted:xx/xx/xxxx Ordinance Number xxxx-xx PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) Policy 1.1.5. Annually adopted updates to the DEFP shall be coordinated with annual plan amendments to the CIE of the Broward County Comprehensive Plan and comprehensive plans of the municipalities. The annual plan amendments shall ensure that the schedule of capital improvements within the CIE continues to be financially feasible and the LOS will be achieved and maintained. Objective 1.2. CONCURRENCY MANAGEMENT SYSTEM Broward County shall adopt a county-wide public school facilities concurrency management system for implementation of public school concurrency to ensure that public school facilities are available at the adopted level of service standard concurrent with the impact of proposed residential development. Policy 1.2.1. Broward County and the munici ses, in collaboration with the School Board shall implement concur ency mar ent s stems consistent with the policies included in the Broward County and unicipal ublic school facility elements, procedures and requirements includ n the A and Broward County and municipal land development regulations (L Policy 1.2.2. The CSAs shall be the annually ado chool attendance boundaries for each elementary, middle and high school. The maps C As are maintained in the data and analysis section of the PSFE. Policy 1.2.3. The Level of Service standard shall be 100% of the permanent Florida Inventory of School Housing (FISH) capacity for each public elementary, middle and high school. Policy 1.2.4. If adequate capacity is not available in a CSA for a proposed residential devel ent, but capacity exists in one or more contiguous CSAs, the development onsistent with the provisions and procedures in the ILA and County nd munict Rs. icy 1.2.5. If uate capacity is not currently available in a CSA or contiguous for a propos esidential development, but capacity is scheduled in the DEFP to be a ble withi years after the issuance of final subdivision or site plan approval, (or fun al eq " lent), development of the project may proceed in accordance with the provi procedures in the ILA and County and municipal LDRs. Policy 1.2. . Broward County and the municipalities shall not approve a residential plat or site plan (or functional equivalent) until the School Board has reported that the school concurrency requirement has been satisfied consistent with the provisions and procedures in the ILA and County and municipal LDRs. Policy 1.2.7. The CSAs shall be established and subsequently modified to maximize available school capacity and make efficient use of new and existing public schools in accordance with the level of service standards and the permanent capacity, taking into Broward County Page 1-2 Comprehensive Plan Adopted: xx/xx/xxxx Ordinance Number xxxx-xx PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) account special considerations such as, core capacity, special programs, transportation costs, geographic impediments, diversity programs, and class size reduction requirements to prevent disparate enrollment levels between schools of the same type (elementary, middle, high) and provide an equitable distribution of student enrollment district-wide. Policy 1.2.8. The projected student impact of a proposed residential development shall be determined using the student generation rates approved by the School Board and adopted within the Broward County Land Development Co The student generation rates shall be reviewed and updated at least every 3 years. Policy 1.2.9. The public school concurrency appro o 'dential plats shall expire if development within the plat does not commenc thin following the date of County Commission approval. Objective 1.3. PROPORTIONATE SHARE MITIGATION The School Board, pursuant to Chapter 163.3180 F.S. and the I shall adopt proportionate share mitigation alternatives which provide an option for residential developments unable to meet public school concurrency requirement. Upon approval of a proportionate sh ation alternative by the School Board and completion of necessary binding a development will be deemed to have met the public school concurrency requir ent roceed. Policy 1.3.1. A residential develo is prop on' share mitigation value shall be determined by multiplying the n ber of additional student stations needed to mitigate the impact of the proposed ev lopment on schools within the affected CSA(s) not meeting the adopted LOS dards by the State cost per student station for each school type plus a land impact cost share. The land impact cost share shall be defined in the ILA. Pursuant to Section 163.3180(13)(e)(2), F.S., the applicant ortionate share mitigation obligation shall be credited toward any other impact action fee imposed by local ordinance for the same need, on a llar-for dollar s, at fair market value. Po .3.2. Pro ionate share mitigation shall enhance the capacity of the schools (or p for construction of new schools) serving the proposed residential develop c mitigation shall equate to at least one permanent classroom, which may be fu by one or more residential developments, or other identified funding sources. itigation that results in the need for school site(s) shall primarily be the dedication of land. Proportionate share mitigation shall include the following options, as further defined and subject to, procedures and requirements in the ILA; 1. Purchase or dedication of needed elementary, middle or high school sites. 2. Construction of capacity improvements identified in years four (4) or five (5) Broward County Page 1-3 Comprehensive Plan Adopted:xx/xx/xxxx Ordinance Number xxxx-xx PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) of the DEFP including advancement of such improvements into the first three years of the DEFP. 3. Construction of previously unplanned schools, classroom additions, modular classrooms or similar facilities. Such facility capacity shall be included in the first three years of the DEFP through an amendment approved by the School Board. 4. Construction of the needed capacity at one or more er schools. 5. Other mitigation options approved by the S Board on a case by case basis contingent upon a School Board fi the option mitigates the impact of the proposed development. Policy 1.3.3. Mitigation shall be assured by a legally binding a ent between the School Board, the applicant and the County or municipality (as a e), which shall be executed prior to the issuance of the final subdivision plat e final site plan approval (or functional equivalent). If the School Board agrees t e mitigation, the School Board must commit in the agreement to placing the improvement required for mitigation in the first thr ears of the DEFP. GOAL 2. COLLABORATE AND O TO MAXIMIZE QUALITY EDUCATION Maximize collaboration and coordination be Browar ounty, the School Board and the municipalities, to effectively plan for public ele entazy and secondary school facilities to meet the current and future needs of Broward County's bl'c school population. Pursuant to Chapter 163.3177 F.S., Broward County and all non-exe t municipalities within the County, shall coordinate and erate to ensure the adopted public school facilities elements are consistent with each ective 2.1. USE CONSISTENCY, COMPATIBILITY & ADEQUATE STRUCT Bro County, th hool Board and the municipalities shall establish coordination meth to ens that the locations of existing and proposed school sites are compatib ' h an oximate to the existing and planned land uses they serve. Such coordination so ensure there is adequate public infrastructure available to serve existing and p ed school sites including infrastructure which provides safe access to schools. Policy 2.1.1. Broward County, the School Board, and the municipalities will coordinate through the procedures established in the ILA and the Broward County and municipal land use planning process to ensure that existing and proposed public school facility sites are consistent and compatible with the land use categories, future land use maps and policies of the County and municipal comprehensive plans and Broward County Page 1-4 Comprehensive Plan Adopted:xx/xx/xxxx Ordinance Number xxxx-xx PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) enable a close integration between existing and planned schools and surrounding land uses. Policy 2.1.2. Broward County, the School Board and the municipalities shall coordinate to prepare projections of future development and public school enrollment growth and to ensure such projections are consistent with the Broward County and municipal future land use maps and the School Board's Long Range Public School Facilities Map consistent with the procedures and requirements identified in the ILA. Policy 2.1.3. Consistent with Section 163.3177 (12) ( the Broward County PSFE shall include future conditions maps showing ting and anticipated school facilities for the short-term (5 year) and long-te ) planning time frames. Figures < > through <> depict the short and Ion exi and anticipated public school facilities and ancillary plants. Policy 2.1.4. Consistent with provisions and procedures in the ILA, c of Board will advise Broward County and the municipalities of inc tencies in comprehensive plans and plan amendments with the DEFP and Lon ange School Facilities Plan. Policy 2.1.5. The School Board shall monitor and participate in the Broward County and/or local government plat review and site plan review processes, the Development of Regional Impact (DRI) process, the land use plan amendment process and other development order/permit processes that may have an impact on current or planned public educatjties in Broward County. Policy oward unty, the School Board and the municipalities shall utilize the procedur nti ithin the ILA, including the Staff Working Group and Oversight Com c ILA, to coordinate the preparation of their public school facilr lements ensure that the elements are consistent with each other. Policy 2.1.7. The Schoo oard shall annually update and adopt the DEFP and transmit it, including any supplemental amendments, to Broward County and the municipalities, which then shall amend their CIEs to incorporate the updated DEFP consistent with the provisions and procedures of the ILA. Policy 2.1.8. Broward County, the School Board and the municipalities shall share and coordinate information through the plat, site plan and school siting processes and procedures identified in the ILA to ensure the location, phasing, and development of public school facilities, including additions to existing facilities, is coordinated with the provision of necessary public infrastructure including water and sewer, roads, drainage, sidewalks, mass transit and other infrastructure required to support the public school facilities. Broward County Page 1-5 Comprehensive Plan Adopted: xx/xx/xxxx Ordinance Number xxxx-xx PUBLIC SCHOOL FACILITIES ELEMENT (3-23-07 DRAFT) Policy 2.1.9. Broward County shall coordinate with the School Board and the municipalities through the school siting process identified in the ILA and Broward County and municipal platting and site plan approval processes to implement strategies, consistent with Florida's Safe Ways to School Program, which reduce hazardous conditions and provide direct, unobstructed and safe access for pedestrian travel (including sidewalks, bicycle paths, signage and signalization) to existing and new school facilities. Objective 2.2. SCHOOL FAC ILITY SITING, COLLOCATION & DESIGN Broward County, the School Board and the municipalities, pursuant to the ILA, shall coordinate the location of public school facilities relative to the location of other public facilities such as parks, libraries and community centers and promote schools to be focal points within the community. Policy 2.2.1. In the planning, siting, I cquisiti , permitting and development of a new school facility or significant r n or a Sion, the School Board shall coordinate with Broward County and the i i n the availability of public facilities, services and grounds (especially a purposes of collocating parks, libraries, ball fields, community centers, publi ty facilities, parking facilities, drainage facilities and other appropriate facilities). Policy 2.2.2. Broward County, the School Board and municipalities shall pursue shared-use and co-location of school sites with County and municipal facilities having simil needs, such as libraries, parks, ball fields, other recreation facilities. mini per the ILA, Broward County will look for opportunities to collocat are us f County facilities when preparing updates to the Schedule of Capital hn me It the Comprehensive Plan and planning and designing new or renovate Policy 2.2.3. Throu design of school facilities, establishment of school siting standards and pursuit o anon opportunities, the School Board shall encourage school facilities to serve a ommunity focal points. Policy 2.2.4. Broward County will coordinate with the School Board and the municipalities on efforts to build new school facilities, which are designed to serve as emergency shelters as required by Section 1013.372, F.S., Broward County will also collaborate and coordinate with the School Board and the municipalities on emergency preparedness issues through the County's Emergency Operating Center. Broward County Page 1-6 Comprehensive Plan Adopted:xx/xx/xxxx Ordinance Number xxxx-xx DRAFT AMENDMENTS TO THE BROWARD COUNTY COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT: Objective 14.7. The County, in collaboration with the School Board and the municipalities shall ensure that Dublic school facilities are available for current and future students consistent with available financial resources and the adopted LOS. Policy 14.7.1. Consistent with policies and procedures within the ILA, the DEFP shall contain a 5 year financially feasible schedule of capital improvements to address existing deficiencies and achieve and maintain the adopted LOS in all CSAs. This financially feasible schedule shall be undated on an annual basis and annually adopted into the CIE. Policy 14.7.2. The uniform, district-wide LOS shall be 100% of the permanent FISH capacity for each public elementary, middle and high school. Policy 14.7.3. The adopted LOS shall be applied consistently by Broward County, the municipalities and the School Board, district-wide to all schools of the same type. Policy 14.7.4. The School Board's DEFP, including sections ( ) adopted by the School Board on ( ), are adopted by reference into the CIE. INTERGOVERNMENTAL COORDINATION ELEMENT: Policy 15.2.5. Pursuant to Chapter 163.3177(h) F.S., the County, School Board and municipalities shall coordinate their planning and permitting processes consistent with the procedures established within the ILA as follows. 1. Review and update of the annual DEFP containing the financially feasible schedule of capital improvement for school facilities needed to achieve and maintain the adopted level of service stands in all CSAs. 2. Coordinate County and municipal land use planning and permitting processes with the School Board's site selection and planning process to ensure future school facilities are consistent and compatible with land use categories and enable a close integration of between existing and planned school facilities and the surrounding land uses. 3. Coordinate the preparation of County and municipal projections for future development with the School Board's school enrollment projections to ensure consistency between the County and - 1 - DRAFT AMENDMENTS TO THE BROWARD COUNTY COMPREHENSIVE PLAN municipal future land use maps and the long term school planning process. 4. Coordinate with the School Board through the Staff Working Group and Oversight Committee regarding the preparation of County and municipal annual comprehensive plan updates and the School Board's annual update of the DEFP to ensure consistency between the plans. 5. Coordinate with the School Board on the planning, siting, land acquisition, permitting and development of new school facilities to ensure the availability of public facilities, services and grounds, especially for purposes of exploring collocation opportunities. 6. Revise County and municipal land development codes and School Board policies to establish a county-wide public school concurrence system. -2 - OBJECTIVE 8.06.00 FACILITIES AVAILABLE CONSISTENT WITH CURRRENCY REQUIREMENTS (CONCURRENCY MANAGEMENT SYSTEM) Concurrency management systems shall be established to effectively monitor and manage new growth, in conformance with Florida's Local Government Comprehensive Planning and Land Development Regulation Act, including Section 163.3180, Florida Statutes, 1999, as amended. POLICY 8.06.02 Those facilities which are subject to the local concur•ency requirements include: traffic circulation, transit, reereatienal parks and recreation, drainage and flood protection, potable water, solid waste, sanitary sewer facilities and public schools. OBJECTIVE 8.07.00 COORDINATE BROWARD COUNTY FUTURE LAND USES WITH THE AVAILABILITY OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES Ensure through the future land use planning process and intergovernmental coordination that public elementary and secondary education facilities will be available to meet the current and future needs of Broward County's school population. POLICY 8.07.01 Broward Ceen4 ..a it., le nl gova entn shall eensider the individual and exffitilative impacts of land use plan amendments a isting and planned publie elementary an ...aava,u„av„,� u„ vn,�u„Ej seco Want e,lueatisi; r nirtien Broward County and its local governments shall determine the consistency of land use plan amendments with their Public School Facilities Elements. The consistency finding shall address whether sufficient capacity is available, or anticipated within the short or long range planning horizon of their Elements, to accommodate the proiected student impact of proposed amendments. As provided for within the Amended Interlocal Agreement for Public School Facilities Planning (ILA), the School Board of Broward County shall advise the County and local governments regarding the projected student impact of amendments and the availability of capacity at impacted schools. POLICY 4 —14rsi .n«A Ceun4y and its local �07z2 governments shall .ith the efF.4n of tl,e -9sheel Board of Brol. and County to addfess publie seheel ..ding and meet f hum h 1 needs.V POLICY8.07..03 Brewafl County, in eMinetion with the Sehoel Board e Bf fd County, shall prepare stud to he sompleted by the ........ .... ..y, u end of 1993 and updated no later- than annually, addressin long..mge planning of publie eleme„he..., and n e.., a fy s h l sites and f eilitie., neeessary to meet the demands of Bro. afd Ce nt..�n 1UV11eeted population and to ,fete if ublin ....0 ..� � prvje .vu elementary and n navy sehools a enhs vvuru.m� m.0 ueeva.uua� u�aaµvm �vueµ.a..icy shall he met and shared by all ..f eehed paFties i with Chapter- 163.3180 of the Florida Stawtes POLICY 8.07.042 Broward County, in ee_dinntien with based upon studies and recommendations provided by the School Board of Broward County, shall revise implement school impact fee provisions within of the Broward County Land Development Code, and review and revise the school impact fees at least every three years, to require new residential development to pay its fair share of the cost of land acquisition and construction for new public elementary and secondary school facilities. No municipal government shall accept a building permit application, nor issue a building permit, for new or additional residential units, unless the applicant presents evidence from Broward County that the impact of the proposed development on public educational sites and facilities has been mitigated by payment of school impact fees, based on the fee schedule and accompanying provisions of the Broward County Land Development Code. Alternative methods of mitigation for school impacts may only be approved via a recorded agreement among the property owner(s), Broward County, and/or the applicable local government(s) and the School Board of Broward County. POLICY 8.07.0-53 Local governments within Broward County shall coordinate with the School Board of Broward County to achieve an expedited development review procedure for public elementary and secondary education facilities. POLICY 8.07.064 Broward County, its local governments and the School Board of Broward County shall establish joint processes coordinate through the processes and procedures identified in the ILA fer to ensure collaborative planning and decision making on population projections and public school siting and to accomplish coordination between the adopted local comprehensive plans and the School Board's District Educational Facilities Plan.leng rafige plans of the Seheel. Board. POLICY 8.07.0-75 Broward County, in coordination with the School Board of Broward County and the Broward County Legislative Delegation, shall seek means of obtaining adequate funding for the construction of public elementary and secondary education facilities needed to serve Broward County's school population. POLICY 8.07.086 Planning for the expansion and attraction of institutions of higher learning within Broward County should be encouraged in order to serve the County's full range of future educational needs. POLICY 8.07.097 The joitit a of Breward County school propet4y and f,.:ctie by level g ents f. public r e.,tieft And .. should be eneettraged and suppefted. Broward County, its local governments and the School Board of Broward County shall explore and evaluate opportunities for collocation and shared use of school facilities and civic and recreation facilities during their capital improvement planning processes and other processes as provided for in the ILA. POLICY 8.07.4-08 Th- c,.lgnRl Bea fd of D..... and Count), and teeal geverament will utili,.e the pr-eeedures and . reeesses ....th....:wA and- ..ed by Chapter 235 Florida Statutes to hasten ♦he .7 d 1 nt C hl' h 1 item n asgliisitivn--aix��evexvj�mcnr-or-pvo�i�vorioa, si�vo m: . C edifies a fld ensur-e eempatibility with existing and planned de..� Broward County, the School Board of Broward County, and local governments will coordinate through the procedures established in the ILA and the Broward County and local land use planning process to ensure that proposed public school facility sites are consistent and compatible with the land use categories and policies of their comprehensive plans and enable a close integration between existing and planned schools and surrounding land uses. POLICY 8.07.449 Broward County and its local governments shall incorporate provisions into their local land use plans and land development regulations which provide for safe pedestrian and/or bicycle access to public schools. POLICY 8.07.1210 Broward County and its local governments shall support the efforts of the School Board of achieve diversity within Broward County district schools by implementing regulations that promote a diversity of housing types and redevelopment opportunities. D. IMPLEMENTATION REGULATIONS AND PROCEDURES 1. DEVELOPMENT REVIEW REQUIREMENTS After the effective date of the Broward County Land Use Plan, a local government may grant an application for a development permit consistent wit the Broward County Land Use Plan or a certified local land use plan, when it has determined that the following requirements are met: a. Traffic circulation, transit real parks and recreation, drainage and flood protection, potable water, solid waste, sanitary sewer and public schools public facilities and services will be available to meet the established level of service standards, consistent with Chapter 163.3202(g) Chapter 163. 3180 Florida Statutes and the concurrency management policies included within Goal 8.00.00 of the Broward County Land Use Plan. 4(- • / 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 24`h day of April, 2007. ATTEST: BOB ANTON MAYOR LOUISE STILSON, CMC CITY CLERK MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 24, 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 Reverend Dr. Melvin Kennerly, Greater Mt. Zion AME 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 Deputy Clerk: Miriam Nasser Mayor Anton acknowledged students from South Broward High School who were attending meeting as art of their government class. tonight's public g p 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 City Manager Pato confirmed all requirements for this event have been met. Commissioner Castro motioned to approve the Special Event Request for the Reign Down South Florida Festival; seconded by Commissioner Bertino. 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 4.2 Special Event Request for the Performer's Party and Salute to Wounded Warriors to be held at 200 Gulfstream Way, on May 5, 2007 from 7:00 p.m. — 10:00 p.m. City Manager Palo confirmed all requirements for this event have been met. Commissioner Castro motioned to approve the Special Event Request for the Performer's Party and Salute to Wounded Warriors; seconded by Commissioner Bertino. 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 5. Proclamations 5.1 Poppy Day—American Legion Auxiliary Unit 304 Mayor Anton presented a proclamation declaring May 26, 2007 as "Poppy Day" to Judy Jensen, Poppy Chairperson, of the American Legion Auxiliary Unit 304. He explained the red crepe- paper flowers are made by hospitalized American veterans to provide physical and therapeutic help to the 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 and their families. Chief Donn Peterson, BSO District 2, presented a Certificate of Appreciation to the American Legion Auxiliary Unit 304 for their support of the fundraising efforts on behalf of Special Olympics. He thanked them for their generosity and commented they have raised $35,000 for this charity event. 5.2 National Public Works Week This Proclamation was continued to the Regular City Commission Meeting of May 8, 2007, at 7:00 p.m. 6. Citizen Comments Chris Bartle, 5099 SW 28`h Avenue, thanked the City for the renovations at P.J. Meli Park. He noted the graffiti on the walls and vandalism to the property was disgusting. Mr. Barile thought some action should be taken to prevent this activity from happening. He asked for assistance from the Commission. Mayor Anton asked City Manager Palo and BSO Chief Peterson to meet with Mr. Barile to find a way to resolve the problem. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Flury commented this has been a long standing problem and something needs to be done. She suggested fencing the park and having it locked after 10:00 p.m. Commissioner Flury indicated she is aware that we are not allowed to use the Law Enforcement Trust Fund (LETF) for this purpose. However, she would like BSO Chief Peterson to bring back his recommendations to the Commission, so this matter can be discussed during the budget cycle. Commissioner Bertino suggested using Law Enforcement Trust Funds for the installation of surveillance cameras. He asked Chief Peterson to find out if this would be allowed, considering the cameras perform a law enforcement function. Commissioner Castro commented that if surveillance cameras were installed, we would also need people to monitor them. Vice-Mayor Jones thought we should also make sure that the areas that have been vandalized have proper lighting. City Manager Pato noted that the Commission recently requested that a section of the fence be open to allow easier entrance for the neighbors in the community. Commissioner Bertino clarified that the request was to have the fence open during daytime hours and locked at night. Mayor Anton asked Chief Peterson to bring back his recommendations at the next Commission meeting. Kurt Ely, Chairman of the Parks, Recreation and Community Affairs Advisory Board, requested a change in the Resolution creating this Board, to include P.J. Meli, C.W. Thomas and Frost Parks. By amending this resolution, all requests for the use and fee waiver of City parks would have to be submitted to the Parks and Recreation Advisory Board, who will then make their recommendation to the City Commission. Mr. Ely commented this is the way they handle I.T. Parker Community Center and it works. It was the consensus of the Commission to direct City Attorney Ansbro to amend the Resolution creating the Parks, Recreation and Community Affairs Advisory Board and bring it back for consideration. Janice Reed, 205 NE I" Court, noted her street is the only street in the northeast section without lighting. She asked the Commission for assistance in having lights installed in her neighborhood. Mayor Anton indicated he and City Manager Palo visited the area and confirmed this is the only section without lighting. Commissioner Castro motioned to have lights installed as requested; seconded by Commissioner Bertino. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Flury suggested installing solar lighting. City Manager Palo commented solar lighting would be the best solution for that area because there is no infrastructure to install traditional lighting. However, he would like the Commission to establish a policy on how to proceed when we receive individual requests. Commissioner Flury noted lighting is a public safety issue and we need to address it immediately. She suggested approving this request tonight and implementing a policy in due course. Commissioner Castro amended the motion, at the request of Mayor Anton, to add that the City Manager and Public Services Director would decide what would be the best lighting to be used,whether traditional or solar. 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 Robert Wecker, 203 NE 3`d Avenue, was concerned about the size of the pump the Fire trucks use and the radius needed for them to maneuver them, in the event NE 2"d Street is vacated. He requested this information be available at the May 8`h Commission Meeting, when this item will be discussed. Mayor Anton indicated all plans will have to be reviewed by the Fire Department, before they are approved. Mr. Wecker also asked BSO Chief Peterson to make a call to the Police Chief in Las Vegas to find out how Boyd Gaming controls their security. BSO Chief Peterson noted he will meet with Mr. Wecker and discuss this matter in detail. George Jason, 4549 SW 37`h Avenue, echoed Chris Barile's comments relating to the fence at P.J. Meli Park. He thought that as budget time is approaching, the City should look into the possibility of allocating funds to install a wrought iron fence. Mr. Jason also commented that Stirling Road is turning into a concrete jungle, instead of having nice landscaping. He asked the Commission to address this issue with Broward County. Commissioner Bertino noted he talked to the engineers in charge of this project and they explained that concrete is better because it does not have to be maintained. He added the City is not happy about this, but it is the County's road and there is nothing we can do. Commissioner Castro indicated Director Orlando is trying to find a better solution to this problem. As a result of his efforts, she understands there is some greenery on its way. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Derrick Hankerson, 746 SW 3`d Street, commented that about three years ago, the neighbors in the College Gardens area were told that FDOT was planning to do an expansion of a Beautification Program along Stirling Road, by planting Palm trees. He asked if the City had any information about this project. Commissioner Bertino thought they would be landscaping the median at Stirling Road and Federal Highway. Mr. Hankerson commented with population increasing rapidly, driveways are not big enough to allow parking and cars are being parked on the swale on Phippen-Waiters Road. He requested the City's assistance in placing some "No Parking Zone" signs in that area or any other solution that would prevent this from happening. Vice-Mayor Jones commented he is aware of the situation and BSO Chief Peterson is already looking into the matter. He noted that CDBG funds were used to upgrade the swales therefore we should not allow people to use them for parking. He agreed with Mr. Hankerson and thought some measures should be taken to address this issue. Dominic Orlando, Public Services Director, explained the design drawings show landscaping in the median on Stirling Road. He commented some areas close to intersections will have concrete, but there definitely is greenery in the plans. Director Orlando responded for Mayor Anton that work should be completed within the next 12 months. He also clarified that FDOT has not changed anything from what was previously reviewed by the City. Clare Vickery, 49 N. Federal Highway, introduced Frederick Goldstein who will be presenting his art work at her gallery on May 3rd. She invited everyone to attend the opening at 6:30 p.m. Mr. Goldstein presented an art piece to the City Commission, to be displayed at City Hall, which represents a returning soldier. He wanted to honor the men and women who sacrifice their lives for our freedom. Mayor Anton suggested Mr. Goldstein meet with the City Manager to arrange where the sculpture will be placed. 7. Consent Agenda Items pulled from Consent Agenda: #7.3, #7.6 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 Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. 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. City Attorney Ansbro read the title of Resolution#2007-074. Commissioner Flury noted the Resolution refers to the Library being placed at the City Hall site. She clarified it was never the Commission intention to accommodate the Library next to the City Administration Center. Commissioner Flury would like the Resolution to be amended accordingly. Laurence Leeds, Director of Community Development, advised the Resolution is incorrect and will be fixed. City Attorney Ansbro commented that he worded the Resolution in accordance with the Bond process that referred to the Library being located at the City Hall site. He will check with the Bond Counsel to confirm they agree to change the verbiage. City Manager Pato clarified for the record that the contract attached to the Resolution has the correct description of the Scope of Work. He confirmed the Resolution will be corrected. Commissioner Flury motioned to approve Resolution #2007-074, as amended; 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 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 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; Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title 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 5T" 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. (FIRST READING) City Attorney Ansbro read the title of Ordinance 42007-009. Commissioner Flury asked for clarification that the Plat approval will not include the relocation of NE 2"d Street. City Attorney Ansbro indicated this was only the first reading of this Ordinance. He clarified that the second and final reading will take place at the May 8` Commission Meeting, when the request for the Vacation of NE 2"d Street will also be presented. City Attorney Ansbro further noted that if the Vacation request is not approved, the second reading of the plat will not be adopted. Commissioner Castro pointed out that the Plat may be approved, but the Vacation will require a separate Resolution and a Public Hearing. Commissioner Castro motioned to approve Ordinance #2007-009, on first reading; seconded by Commissioner Bertino. 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 Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items 47.3 and 47.6; seconded by Commissioner Bertino. 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 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. 8. Bids and Requests for Proposals There were no bids at this meeting. 9. Public Hearin¢s 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) City Attorney Ansbro read the title of Ordinance #2007-008. He noted he is satisfied with the Disclosure Notice applicable within the District, provided to the Commission as Exhibit `B" to the Ordinance. Gerald Knight, Attorney representing Aqua Isles, summarized that the adoption of this Law will allow developers and property owners to organize Community Development Districts for the purpose of constructing, financing and maintaining the infrastructure for new developments. He indicated that, as requested by the Commission, they have worked closely with City staff to develop a Disclosure Notice to be attached to the Ordinance as Exhibit `B", so future residents will be aware of the existence and functions of the District. Mayor Anton clarified for the record that the creation of the District diverts a portion of the cost of the individual homes for 15-30 years allowing the prospective owner to have a lower price on the units. Attorney Knight responded for Mayor Anton that there will be a reduction of approximately $10,000 per unit for people wanting to buy property within the District. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Jones asked if the project being developed made a finding of concurrency. He would not like this project to impact the surrounding schools. Laurence Leeds, Director of Community Development, indicated that if the site plan is approved prior to February 2008, the City does not have to make a finding of concurrency. He further noted that he will bring an Attorney to the May 81h Commission Meeting to explain in detail how the School Concurrency Program works. Commissioner Castro advised that the School Board will evaluate the project to determine whether it is in an area of under-served or over-served schools. If it is an over-served school area, they will be required to either give part of their land or find a piece of land to give to the Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. School Board to build a school, otherwise they will have to pay the impact fees in lieu of setting aside property. Commissioner Bertino advised that a sign would be posted on the property, and sales staff will explain what a special taxing district is, to everyone signing a contract with them. Commissioner Bertino motioned to adopt Ordinance #2007-008, on second reading; seconded by Commissioner Castro. 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 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) City Attorney Ansbro read the title of Ordinance#2007-007. Laurence Leeds, Director of Community Development, advised the Planning and Zoning Board and staff recommend approval. At the first reading of the Ordinance, the City Commission recommended approval subject to three conditions. He noted these conditions have now been addressed and the changes will apply to all three districts. Mayor Anton opened the Public Hearing. Annette Hibbitts, 26 SW 11`h Street, advised she owns a single family home with a duplex attached to it. She was concerned that under the new regulations, if more than fifty percent of her property is damaged by hurricane or fire, she will not be able to rebuild the entire house. Ms. Hibbitts also asked if people being affected with these changes were notified of this meeting. Mayor Anton advised that she could replace it with a single family home only, not the duplex. He added that the fifty percent issue was a different subject not being discussed tonight. Director Leeds advised that we can check her address to find out whether she is in the TOD/TOC area. He also clarified that about 1,000 public hearing notices were sent out notifying people of these changes. Director Leeds thought Ms. Hibbitts was referring to the Ordinance approved in 2003. NJ Terris, 105 NW I" Avenue, was supportive of the zoning changes, however she thought it would be better if the City would issue a "rebuild letter" instead of a"zoning letter". Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Director Leeds advised the City does not issue "rebuild letters", only "zoning letters". He further noted that if the bank requests more information, the City would issue a clarifying letter. Mayor Anton advised that staff would need to look into the consequences of issuing this type of letter. He assured Ms. Terris that the City Manager and Director Leeds would look at her case and contact her accordingly. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-007, on second reading; 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 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. (Continuedfrom April 10,2007) City Attorney Ansbro read the title of Resolution#2007-041. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. City Manager Pato noted that as requested by the City Commission he met with the tenants of the Beach Watch Restaurant to discuss several outstanding issues and put a plan in place to address them. He suggested approving the Extended Hours License request subject to resolving the pending Code, Fire, and life safety issues. Vice-Mayor Jones asked if there was a timeframe for resolving the issues. Commissioner Castro asked for clarification of who would be paying$20,000 for repairs. City Attorney Ansbro responded the Building Official established a period of 30 days to resolve the pending issues. He further noted that staff is willing to pay approximately $20,000 for items that will benefit the City in the future. Commissioner Bertino motioned to approve Resolution 42007-041. The motion died for lack of a second. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Vice-Mayor Jones thought the request should be approved if they meet the conditions listed in the letter dated April 20, 2007, from the Building Official. Commissioner Bertino suggested approving the Extended Hour License when all the conditions have been met. Commissioner Castro commented she would not want to tie the license request to the pending violations. She thought this was purely an administrative matter and we should give them the opportunity to earn the money to pay for the pending issues, unless it involved a safety hazard. Commissioner Castro indicated our Code Compliance Division would cite them if they do not comply in a timely manner. Mayor Anton noted there was some work done without permits. He was concerned that if we approve the request, the past problems might come back. Mayor Anton commented there was a lack of communication and we needed to be on the same page. He suggested including in the motion that"the pending issues should be resolved before the license takes effect'. Commissioner Castro motioned to approve Resolution 42007-041, as presented; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented the Stirling Road lights are off and on. He asked staff to look into the matter. 10.2 Commissioner Castro Commissioner Castro commented that although this was a difficult subject for her to talk about, she decided this was the right thing to do. She noted Commissioner Bertino concluded a legal proceeding last week involving a criminal case. Commissioner Castro further indicated that we have a Code of Ethics and there are certain behaviors that are not acceptable. She felt that this issue was an embarrassment to the City and certainly not the type of publicity we are seeking. Commissioner Castro clarified that we know the difference between right and wrong, and that it was a difficult time for a lot of people. However, she would like everyone to understand that the case is closed, it has been addressed, and we need to move on. Commissioner Bertino advised that at the time of the trial there was no way to prove that he was innocent because the State Attorney had the car fixed, so the evidence was destroyed. He further indicated that his attorney recommended that instead of going ahead with the case at a very high Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. cost, it would be better to withhold adjudication. He reiterated he was not found guilty. Commissioner Bertino thanked those who called to wish him well and noted the case is closed and he will move on with his life. 10.3 Commissioner Flury Commissioner Flury asked if the Code Compliance Division was fully staffed. She was concerned about Saturday coverage. Colin Donnelly, Assistant City Manager, commented he is aware that Saturday coverage is needed. He noted we have interviewed candidates for the sixth position previously approved by the City Commission, but this is on hold due to the hiring freeze policy currently in place. City Manager Pato asked the Commission not to lift the hiring freeze at this time. He would like to wait until a decision on the tax issue has been reached in Tallahassee. Commissioner Flury requested an updated annual report on current grants that are still pending. She would like staff to use the same format Bonnie Temchuk used. City Manager Pato will provide the requested information. 10.4 Vice-Mayor Jones Vice-Mayor Jones commended Commissioner Castro for addressing Commissioner Bertino's issue and reiterated we need to move forward. Vice-Mayor Jones commented the Commission received a letter from a resident in the Estates of Ft. Lauderdale, relating to the traffic conditions in their mobile park. He requested staff look into the possibility of monitoring the speed limit in that neighborhood. Vice-Mayor Jones would also like staff to consider placing signs which would alleviate the situation in the area. Vice-Mayor Jones asked City Manager Pato if a response had been received regarding the inclusion of low interest loans in our redevelopment capital program. City Manager Pato noted this is work in progress. Staff has been meeting with Broward County and other City Managers, to satisfy cities who currently do not have a CRA. He indicated the County wants to change the way this matter is being handled. They want to take the Loan to Grant Program off the table. City Manager Pato commented this is a difficult issue which may take some time to resolve. City Manager Pato clarified for Vice-Mayor Jones that the Marina is under the supervision of Assistant City Manager Donnelly. Vice-Mayor Jones congratulated everyone who worked so hard to make the Relay for Life event a reality. He thought it was a great opportunity for people to participate in a good cause. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. 10.5 Mayor Anton Mayor Anton commended Commissioner Castro for her comments in the case of Commissioner Bertino. He indicated we have a legal system in place and to address this matter before it was resolved, would have been premature. Mayor Anton noted we want to make sure that everyone understands the situation and pointed out this is a matter of public record and anyone can obtain information on the final results of the case. Mayor Anton was pleased to see the street lights issue had been addressed. Mayor Anton advised there will be a Public Hearing on the Airport Expansion issue on May 1st, at the Broward County Convention Center from 4-8 p.m, and Public Comments will start at 6:00 p.m. He indicated the FAA will have a presentation dealing with the Environmental Impact Statement (EIS), showing the specific location of the new runways and other alternatives. The City will provide transportation for those who would like to attend the meeting. Buses will leave City Hall at 4:30 p.m. on May I't. Mayor Anton also noted that there will be a Broward County Commission follow-up meeting on June 5, at which time they may announce their final decision on what they plan to do regarding the expansion of the Hollywood-Fort Lauderdale International Airport. Mayor Anton asked for an update on the light issue at 5`h Avenue. He would also like to have an updated report on the SW 2nd Avenue intersection modification. Mayor Anton noted these are both very important issues and he would like staff to provide this information at the next Commission Meeting. 11. Discussion and Possible Action 11.1 Status of Bonds Issues—Commissioner Flury Commissioner Flury was concerned to see that some of the Bond funds have not yet been used. She would like to see some of the projects get off the ground, such as the S.W. Community Center, the Linear Park and the Marina Park, as well as $48,000 allocated for lighting at P.J. Meli Park. City Manager Pato noted the schedule of events was provided to the Commission some time ago and is also posted on the City's Web Site. He indicated the Marina bathrooms are currently being built and there is a lot of activity consistent with the projects and timeline. City Manager Pato will forward a copy of the timeline to the Commission, per Commissioner Flury's request. Mayor Anton would like to prioritize lighting at P.J. Meli Park, because of the incidents mentioned tonight. Mark Felicetty, Senior Program Facilities Manager, Parks and Recreation Department, confirmed they are obtaining quotes for the ball field lighting. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Bertino suggested using solar lighting at P.J. Meli Park. City Manager Palo indicated he will have someone prepare an assessment for the City on the security lighting. City Manager Palo responded for Commissioner Flury that the Linear Park will coincide with the repairs on Dania Beach Boulevard and 5`h Avenue. He also noted that the S.W. Community Center is part of the rehabilitation of the new Water Plant and that project is slightly behind schedule. Commissioner Flury would like to hold a Workshop at a future date, for a complete overview of what we will do with the Public Services Complex. She further indicated we should be very sensitive for things that were approved by the public. City Manager Pato noted he was very pleased to see the number of light poles that have been placed west of 401h Avenue. Vice-Mayor Jones questioned if there was a plan in place for Chester Byrd Park. He would like staff to provide him with a copy of the proposed improvements presented to the Commission before he was elected. City Manager Palo indicated the original plan was mainly the improvement of equipment and landscaping. He confirmed for Vice-Mayor Jones that there were no plans to put a building on that park. City Manager Palo responded for Vice-Mayor Jones that the Fire Union had asked for a meeting with the BSO Chief of the Fire Division. He pointed out that the Broward Sheriff's Office policy is not to engage in any negotiations unless the City requests it. Mayor Anton commented this was not an item on tonight's Agenda and if a Commissioner wanted to discuss this matter, it should be placed on a future Regular City Commission Meeting Agenda. 11.2 Commission Summer Break Commissioner Flury motioned to cancel the July 10, 2007, City Commission meeting; seconded by Commissioner Castro. 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 11.3 Discuss possibility of establishing a dedicated fund for Slot Machine Revenues— Commissioner Castro Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Castro would like to create a Special Fund which would protect a percentage of the revenues the City will receive from the Boyd Gaming development. She suggested preparing a Resolution stating these funds could not be used other than to address the impact on certain properties affected by the Dania Jai Alai project. Commissioner Castro thought the Resolution should include the approval by a super majority vote of the Commission. She requested the consensus of the Commission to direct the City Attorney to prepare a draft Resolution for their review. Commissioner Bertino agreed with Commissioner Castro and thought these funds should only be used for public safety in the neighborhoods that are directly impacted by the Boyd Gaming development. He suggested placing these funds in a separate category, not in the General Fund, for a considerable length of time. Commissioner Flury agreed to have these funds placed into a restricted fund, and use it at the Commission's discretion. However, she was not in favor of adding any restrictions to it, since this money could be used on an as needed basis, instead of having the General Fund pay for any supporting activity in the affected areas. Vice-Mayor Jones noted he agreed to creating a separate fund. However, he would like to understand how it would be handled so it will benefit the citizens of the Dania Beach. He suggested a Workshop to discuss this matter. Mayor Anton thought we needed a Special Fund, but agreed with Commissioner Flury that a number of problems may arise from the Casino establishment, such as public safety issues, and we would need to have access to those funds. Commissioner Bertino thought the mechanism was already in place. All we need is for the City Manager to have access to those funds and be able to justify its usage. Commissioner Castro commented there are other areas in the City that would be impacted by traffic, as well as safety issues that would need to be addressed. She would like the Resolution to include a "vote" and the funds to be placed in a separate account. Commissioner Castro further noted that if any money is used from that account, the Commission will have to approve it and have the opportunity to review it. She wanted to make sure that we are putting the money in the right place for a period of 3-5 years. City Manager Pato thought creating a Special Fund was the right thing to do, to be used at the Commission discretion with specific direction to the City Manager. He indicated we currently have a Contingency Fund that we replenish if money needs to be borrowed, so that would not be a problem. City Attorney Ansbro advised creating the Reserve Fund now would be premature, since there is no money being received yet. He suggested bringing it back as part of the 2008 Budget process and any changes would have to be adopted by Ordinance. Commissioner Castro reiterated she wanted a Resolution and a commitment for 3-5 years. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. It was the consensus of the Commission to have City Attorney Ansbro bring back a Resolution for Commission approval. Mayor Anton clarified for the record that we will soon hold a Budget Strategic Planning Session which would give everyone the opportunity to discuss funding issues. He further commented that the tax reform being discussed in Tallahassee is a serious issue and people should keep their eyes open and make sure they understand what the impact will be, in the event it comes to the voters. 12. Appointments 12.1 Airport Advisory Board Vice-Mayor Jones appointed Sulie Spencer and Boisy N. Waiters, Jr. 12.2 Human Relations Board Vice-Mayor Jones appointed Clayton Bailey. 12.3 Marine Advisory Board Vice-Mayor Jones appointed Tom Grace. 12.5 Planning& ZoningBoard oard Vice-Mayor Jones appointed Angeline Flowers. 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 Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Palo noted other cities have modified their fine schedule dealing with violations of the water restrictions. He would like to support the South Florida Water Management District with the implementation of water saving measures. If approved by the Commission, these adjustments will go into effect immediately. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Bertino motioned to accept the City Manager recommendation; seconded by Commissioner Castro. 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 City Attorney Ansbro clarified for the record that people would always have the opportunity to come before the Special Magistrate to appeal their case. 13.2 City Attorney 13.2.1 N.O.I.S.E. Membership Renewal Mayor Anton thought there was no need to expend any money on this membership. He noted that if we need to renew that membership again, we would apply for it in the future. 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. Adioumment Mayor Anton adjourned the meeting at 9:04 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. CITY OF DANIA BEACH Agenda Item # / • 3 Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Approve Interlcoal Agreement with Broward County for Local Option Gas Tax S...... ... y E Required by Broward County City receives allocation of local option gas tax to fund streets division expenditures NN aION Dept: 1400 City Attorney Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ iYkCit t +,e: _ i OWN"Cfcyt LCN Annually Broward County reviews its interlocal agreement with municipalities regarding the distribution of the local option gas tax for use of street maintenance. The distribution is based on the population of the municipality which is updated annually by the Burean of Economic and Business Research from the University of Florida. The FY 2008 distribution for the City of Dania Beach is .617133% as compared to .625291% in FY 2007. Si018t s Resolution Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Patricia Varney Date 05/01/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/01107 City Attorney Thomas J. Ansbro, Date 05/01/07 City Manager Ivan Pato Date 05/01/07 y , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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 2007 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach, providing for Division and Distribution of the Proceeds of the Broward County Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests 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 2007 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2007 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and City of Dania Beach providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the 2007 Amendment to Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND City of Dania Beach, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(a), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to the ordinance, the method for distribution of the proceeds is the execution of an interlocal agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the 1 tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1, Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior amendments, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 37.5% _ Total Incorporated Area Population FY 2008 Percent Recipient Share of Proceeds Coconut Creek 1.043863% Cooper City 0.648210% Coral Springs 2.801249% Dania Beach 0.617133% Davie 1.937220% Deerfield Beach 1.633938% Fort Lauderdale 3.800181% Hallandale 0.774663% Hillsboro Beach 0.048281% Hollywood 3.096730% Lauderdale-by-the-Sea 0.126020% Lauderdale Lakes 0.695066% Lauderhill 1.443168% Lazy Lake 0.000886% Lighthouse Point 0.235550% Margate 1.195839% Miramar 2.384288% North Lauderdale 0.898717% 2 FY 2008 Percent Recipient Share of Proceeds Oakland Park 0.916936% Parkland 0.481798% Pembroke Park 0.124053% Pembroke Pines 3.280411% Plantation 1.834671% Pompano Beach 2.185046% Sea Ranch Lakes 0.015777% Southwest Ranches 0.160254% Sunrise 1.937933% Tamarac 1.280710% Weston 1.331931% West Park 0.298333% Wilton Manors 0.271145% Total Incorporated 37.500000% 2. The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: FY 2008 Recipient Population Coconut Creek 48,300 Cooper City 29,993 Coral Springs 129,615 Dania Beach 28,555 Davie 89,636 Deerfield Beach 75,603 Fort Lauderdale 175,836 Hallandale 35,844 Hillsboro Beach 2,234 Hollywood 143,287 Lauderdale-by-the-Sea 5,831 Lauderdale Lakes 32,161 Lauderhill 66,776 Lazy Lake 41 Lighthouse Point 10,899 3 FY 2008 Recipient Population Margate 55,332 Miramar 110,322 North Lauderdale 41,584 Oakland Park 42,427 Parkland 22,293 Pembroke Park 5,740 Pembroke Pines 151,786 Plantation 84,891 Pompano Beach 101,103 Sea Ranch Lakes 730 Southwest Ranches 7,415 Sunrise 89,669 Tamarac 59,259 Weston 61,629 West Park 13,804 Wilton Manors 12,546 Total Incorporated 1,735,141 Unincorporated Area 18,021 Total County 1,753,162 3. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2007 Amendment and the prior amendments, the parties hereby agree that this document shall control. 4. This 2007 Amendment shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this 2007 Amendment prior to June 1, 2007. 5. This 2007 Amendment may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 6. In the event a portion of this 2007 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. 4 IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 12007. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney 5 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND City of Dania Beach PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: City of Dania Beach By Bob Anton, Mayor-Commissioner day of 2007. ATTEST: By Louise Stilson, City Clerk Ivan Pato, City Manager day of 2007. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro, City Attorney 6 CITY OF DANIA BEACH Agenda Item # /. Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑— Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ti ..-I .. Approve interlcoal Agreement amendment with Broward County for 5th cent gas tax Required by Broward County IEtd� City receives allocation of 5th cent gas tax for funding of Community Bus service , 'Owt Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �bFogs��atc W.- . a In June 2000, the County enacted an ordinance extending the levy of the fifth-cent local option gas tax for thirty years until December 31, 2031 to fund the operation of the community bus system. 26% of the 5th cent gas tax is to be distributed to the cities based on updated population figures. .n_' .. Resolution Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 F� 1 N . P Submitted by Patricia Varney Date 05/01/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/01107 City Attorney Thomas J. Ansbro Date 05/01/07 City Manager Ivan Pato Date 05/01/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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 2007 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach providing for Division and Distribution of the Proceeds of the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests 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 2007 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2007 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and City of Dania Beach providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT This 2007 Amendment to Interlocal Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND City of Dania Beach, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the five (5) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to said Ordinance, the method for distribution of the proceeds is the execution of an Interlocal Agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the County which establishes the distribution formulas for dividing the proceeds of the tax among the County and all eligible municipalities within the County; and 1 WHEREAS, paragraph 4 of the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% FY 2008 FY 2008 Percent Recipient Population Share of Proceeds Coconut Creek 48,300 0.723745% Cooper City 29,993 0.449426% Coral Springs 129,615 1.942200% Dania Beach 28,555 0.427879% Davie 89,636 1.343139% Deerfield Beach 75,603 1.132864% Fort Lauderdale 175,836 2.634792% Hallandale 35,844 0.537100% Hillsboro Beach 2,234 0.033475% Hollywood 143,287 2.147066% Lauderdale-by-the-Sea 5,831 0.087374% Lauderdale Lakes 32,161 0.481912% Lauderhill 66,776 1.000597% Lazy Lake 41 0.000614% Lighthouse Point 10,899 0.163315% Margate 55,332 0.829115% Miramar 110,322 1.653106% North Lauderdale 41,584 0.623110% 2 FY 2008 FY 2008 Percent Recipient Population Share of Proceeds Oakland Park 42,427 0.635742% Parkland 22,293 0.334047% Pembroke Park 5,740 0.086010% Pembroke Pines 151,786 2.274418% Plantation 84,891 1.272038% Pompano Beach 101,103 1.514965% Sea Ranch Lakes 730 0.010939% Southwest Ranches 7,415 0.111109% Sunrise 89,669 1.343634% Tamarac 59,259 0.887959% Weston 61,629 0.923472% West Park 13,804 0.206844% Wilton Manors 12,546 0.187994% Total lncor orated 1,735,141 26.000000% Unincorporated Area 18,021 Total County 1,753,162 The population figures set forth above are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. This 2007 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2007. 3. In the event this 2007 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2007 Amendment to Interlocal Agreement, shall remain in full force and effect. 5. This 2007 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 4 IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of , 2007. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney 5 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: City of Dania Beach By Bob Anton, Mayor-Commissioner day of 2007. ATTEST: By Louise Stilson, City Clerk Ivan Pato, City Manager day of 12007. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro, City Attorney 6 CITY OF DANIA BEACH Agenda Item # �r Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Approve Interlocal Agreement with Broward County for 3 cents gas tax Required by Broward County a: F P � l s RIN City receives distribution of additional 3 cents gas tax V,.E Y 1 Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ `�°R�"�5a E His C 911f6t ..n The distribution of the additional 3 cents gas tax is based on the same formula for the local option gas tax which is based on the population of the municipality that is updated annually by the Bureau of Economic and Business Research. The FY 2008 distribution is .843579% compared to .841891 in FY 2007. This increase is due to a 2006 amendment which increases the Citiy's share by .77% from 50.49%to 51.26%, as impacted by annexations. This revenus is to be used to fund capital elements in the City's approved comprehensive plan. ," `. , ?3vTnb a6m v. ... S can e: n, .. - 'i :. Resolution Agreement Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 g F rjj .PmrHK Submitted by Patricia Varney Date 05/01/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/01/07 Cdv Attorney Thomas J. Ansbro Date 05/01/07 City Manager Ivan Pato Date 05/01/07 512K Y Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 2007 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach providing for Division and Distribution of the Proceeds of the Local Option Gas Tax (three cents) imposed by the Broward County Local Option Gas Tax Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute same. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests 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 , 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2007 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and City of Dania Beach providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE This 2007 Amendment to Interlocal Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND City of Dania Beach, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Forty-eight and Seventy-four One-hundredths percent (48.74%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining Fifty-one and Twenty- six One-hundredths percent (51.26%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 51.26% _ Total Incorporated Area Population 1 FY 2008 Percent Recipient Share of Proceeds Coconut Creek 1.426892% Cooper City 0.886061% Coral Springs 3.829121% Dania Beach 0.843579% Davie 2.648051% Deerfield Beach 2.233484% Fort Lauderdale 5.194594% Hallandale 1.058913% Hillsboro Beach 0.065997% Hollywood 4.233023% Lauderdale-by-the-Sea 0.172261% Lauderdale Lakes 0.950109% Lauderhill 1.972714% Lazy Lake 0.001211% Lighthouse Point 0.321981% Margate 1.634633% Miramar 3.259162% North Lauderdale 1.228486% Oakland Park 1.253390% Parkland 0.658586% Pembroke Park 0.169573% Pembroke Pines 4.484103% Plantation 2.507873% Pompano Beach 2.986812% Sea Ranch Lakes 0.021566% Southwest Ranches 0.219056% Sunrise 2.649026% Tamarac 1.750645% Weston 1.820660% West Park 0.407801% Wilton Manors 0.370637% Total Incorporated 51.260000% 2 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 3. The population figures set out herein are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: FY 2008 Recipient Population Coconut Creek 48,300 Cooper City 29,993 Coral Springs 129,615 Dania Beach 28,555 Davie 89,636 Deerfield Beach 75,603 Fort Lauderdale 175,836 Hallandale 35,844 Hillsboro Beach 2,234 Hollywood 143,287 Lauderdale-by-the-Sea 5,831 Lauderdale Lakes 32,161 Lauderhill 66,776 Lazy Lake 41 Lighthouse Point 10,899 Margate 55,332 Miramar 110,322 North Lauderdale 41,584 Oakland Park 42,427 Parkland 22,293 Pembroke Park 5,740 Pembroke Pines 151,786 Plantation 84,891 Pompano Beach 101,103 Sea Ranch Lakes 730 3 FY 2008 Recipient Population Southwest Ranches 7,415 Sunrise 89,669 Tamarac 59,259 Weston 61,629 West Park 13,804 Wilton Manors 12,546 Total Incorporated 1,735,141 Unincor orated Area 18,021 Total County 1,753,162 3. This 2007 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2007. 4. In the event this 2007 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 5. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2007 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2007 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 4 IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 12007. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney 5 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH ROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: City of Dania Beach By Bob Anton, Mayor-Commissioner day of 2007. ATTEST: By Louise Stilson, City Clerk Ivan Pato, City Manager day of 2007. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro, City Attorney 6 CITY OF DANIA BEACH Agenda Item # 7 G Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution x Adopt Ordinance (1st Reading) E] Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Recluesthdl Action , (identity 6ppropriW:Aotton or Motion Mid-year budget and personnel adjustment Why Action is Necessary Funding required from Contingency and personnel reclassification/transfers Vilhitt Action Accomplishes Comply with budget resolution Purchasing Requests ONLY Dept: 1201 City Manager Administration Acct#: Amt: Fund: General: E] water: L] Sewer: ❑ Stormwater: E] Grants: E] capital: ❑ ion c Summary llExplenat' [Be kgrou- See staff memo Fiscal impact/Cost Summary Exhibits Attached Staff Memo Resolution Attachment A to resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Patricia Varney Date 04/30/07 Department Director Patricia Varney Date 04/30/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 04/30/07 City Attorney Thomas J. Ansbro Date 04/30/07 City Manager Ivan Pato Date 04/30/07 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2006-2007 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach approved a budget for fiscal year 2006-2007 in September, 2006; and WHEREAS, in April, 2007 the Department of Finance of the City performed a mid-year review and projected the year-end expenditures and revenues of all funds for Fiscal Year 2007; and WHEREAS, certain changes to the 2006-2007 fiscal year budget of appropriations for expenditures have been identified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the General Fund, and Capital Projects Fund for the fiscal year 2006- 2007 are amended as per Attachment"A", incorporated by this reference. 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 12007. ATTEST: BOB ANTON MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Budget Transfers/Appropriations Attachment"A" FY 2007 Mid Year Revisions Current Increase Revised Explanation FY 2007 (Decrease) Budget GENERAL FUND General Administration 001-1800-519.99-10 $509,090 ($244,849) $264,241 Fund deficits Contingency 001-1800-519.45-10 $667,414 $7,164 $674,578 Additional premiums for Property Insurance improved properties 001-1800-519.64-30 $4,560 $13,000 $17,560 Air conditioning unit for Machinery&Equipment the atrium area 001-1800-519,91-30 $2,284,151 $93,535 $2,377,686 Pier Restaurant improvements Transfer to CIP &Generator purchase 001-1800-519.46-40 $10,258 $20,350 $30,608 Painting of the outside of the Building Maintenance City Hall, awning replacement and eaves repairs City Manager's Office 001-1201-512.13-10 $19,290 $16,304 $35,594 Part-time Salaries 001-1201-512,21-10 $20,500 $1,010 $21,510 FICA Transfer Custodian functions from Beach Division to City 001-1202-512.21-20 $5,787 $236 $6,023 Manager's Office Medicare 001-1202-512.22-10 $93,524 $1,891 $95,415 Retirement City Clerk 001-1300-513.49-20 $10,000 $10,050 $20,050 Advertising of bids in two Legal& Display Adv. newspapers I City Attorney 001-1400-514.31-20 $150,000 $30,000 $180,000 Land use/adult use matters Other Legal Services 001-1400-514.31-50 $100,000 $50,000 $150,000 Additional service required Airport Related Prof. Svc. from White&Case RESOLUTION 42007-079 Budget Transfers/Appropriations Attachment"A" FY 2007 Mid Year Revisions Current Increase Revised FY 2007 (Decrease) Budget Explanation Community Development 001-1501-515.12-10 $485,056 ($18,828) $466,228 Salaries 001-1501-515.21-10 $32,046 ($1,167) $30,879 FICA Tranfer Engineer Position to 001-1501-515.21-20 $8,039 ($273) $7,766 Public Services Administrative Division Medicare 001-1501-515.22-10 $133,503 ($2,303) $131,200 Retirement Information Services Division 001-1704-713.64-30 Purchase of Video Mixer for Machines&Equpment $0 $3,000 $3,000 City's Cable Channel broadcast Cemetery 001-1901-519.31-10 $0 $7,750 $7,750 Geophysical Investigation Professional Service Public Service Administration 001-3901-539.12-10 $107,913 $18,828 $126,741 Salaries 001-3901-539.21-10 $8,043 $1,167 $9,210 FICA Tranfer Engineer Position from Community Development to 001-3901-539.21-20 $1,881 $273 $2,154 Public Services Administration Medicare 001-3901-539.22-10 $34,643 $2,303 $36,946 Retirement Streets $8,400 $10,000 $18,400 Lighting project at 1st street 001-4101-541,63-10 RESOLUTION#2007-079 �7 Budget Transfers/Appropriations Attachment"A" FY 2007 Mid Year Revisions Current Increase Revised FY 2007 (Decrease) Budget Explanation Recreation-Pool Division 001-7202-572.13-10 $131,795 ($16,304) $115,491 Part-time Salaries 001-7202-572.21-10 $25,760 ($1,010) $24,750 FICA Transfer Custodian functions to 001-7202-572.21-20 $6,026 ($236) $5 790 City Manager's Office Medicare 001-7202-572.22-10 $68,176 ($1,891) $66,285 Retirement Total ($0) CAPITAL PROJECTS FUND Expenses: 301-1800-519-62.10 $1,346,400 $93,627 $1,440,027 Building (City Hall) Purchase Generator for City Hall instead of Financing 301-1800-519.71-10/20 $22,092 ($22,092) $0 301-7202-572.63-10 $0 $22,000 $22,000 Miscellaneous repairs/ Pier Restaurant Improv. improvements Revenue: 301-0000-381.01-01 $2,284,151 $93,535 $2,377,686 Generator/Pier Restaurant Transfers from General Improvements Fund Personnel Changes Transfer Custodian positions in the Beach division to the City Manager's Office Transfer the Engineer position from Community Development to Public Service Administration Upgrade Parking Enforcement Specialist(full-time)to Crew Leader position RESOLUTION 02007-079 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato, City Manager Memo: DF-07-16 FROM: Patricia Varney, Director of Finance DATE: April 23, 2007 SUBJECT: Mid-year Review of FY 2007 budget Purpose Forecast City's finances as of September 30, 2007. Background Projection of year-end finances was performed based on the City's financials as of March 30, 2007. A detailed analysis is as follows: General Fund: Certain revenue sources are projecting a surplus when compared to budget. They are as follows: 1) Electric Franchise Fees: $497,000. Revenue as of March 2007 only reflects 4 months of payment. However, should trends continue a surplus of$497,000 will be recognized at year's end. 2) Half Cents Sales Tax: $97,035 This revenue source is budgeted by the State. The City budgeted at 95%of State estimates. 3) Fire Assessments: $101,312 Budget amount is for 95%of collection rate. Year-to-date collection in FY 2007 is in the same trend as FY 2006. Should this trend continue, it will reflect a 99% collection rate which results in the surplus. 4) Interest Earnings: $380,000 The increase is attributed to higher interest rates, better cash flow and diversification of investment options. The City is earning an average of 5.4%while last year during the same period it earned an average of 4.3%. 5) Parking Fees: $50,000 Attribute to a warmer winter and more patrons on the beach. A few revenue sources may result in a shortfall. They are as follows: 1) Gas Franchise fees: $17,000 This is partly attributed to a warm winter with less consumption and fuel costs that for the past six months are lower than the fuel costs were a year ago for the same period. 2) Utility Permit Fee and Solid Waste Permit Fee: $26,000 As of year-to-date, no utility permit fee was charged. 3) State Revenue Sharing: $35,224 This revenue is projected by the State. At the end of the State's fiscal year which is June 30, based on their true collection they will adjust payment to the City. Based on last year trend of the percentage of adjustment, it is projected that a shortfall will exist in this fiscal year. 4) Transport Fees: $33,890 Shortfall is attributed to lower volumes in calls for service. 5) Parking Fines: $22,000 This is attributed to less citations being issued for the first six months. However,April has reflected higher revenue which is close to monthly projected amount. As for expenditures, it is forecasted that most departmental expenditures will come in within budget with a few exceptions where funding is required: Staff is recommending the following funding be transferred from Contingency: a) Air conditioning unit in the atrium area: $13,000 b) Property Insurance: $7,164. This is mainly attributed to the completion of the Pier Restaurant, the P.J. Meli Recreation Center and other improvements made to City properties. c) Painting of the outside of the City Hall/Replacement of Awning: $12,850 d) Emergency repairs of the eaves at City Hall: $7,500 e) Street lighting request at N.E.I't Court: $10,000 f) Pier Restaurant improvements (per city attorney recommendations): $22,000 g) Legal service for airport related issues: $50,000 h) Outside legal service for land use: $30,000 i) Advertising for R.F.Ps and bids: $10,050 j) Geophysical Investigation at the Westlawn Cemetery: $7,750 k) Purchase of Video Mixer to improve recording of Commission meeting: $3,000 (Estimated cost is $9,600, however, $6,600 can be funded within the current budget) 1) Funding for the purchase of the City Hall/EOC generator instead of financing. The City issued a loan in the amount of$1,466,640 for the City Hall expansion. Under the contract with Coastal Construction, with some pending change orders which we will bring to the Commission for approval,the projected cost to completion will be approximately $1,346,400, leaving an available balance of$120,240. The Generator that the Commission approved a few months ago is $213,867 which is funded through financing. The financial condition assessment required by the State Auditor General Office reflects that the City's debt service measurements are higher than benchmark. I therefore recommend that the City not issue a loan for the purchase of the generator, but instead fund the generator from the remaining of the loan of the City Hall expansion, net of debt service of the generator loan that is being budgeted, and to transfer $71,535 from Contingency to complete the project. After the above transfers, the available contingency will be $264,241. In March the Commission has approved to extend the operating hours of the Community Bus Service for an additional one hour per day and to provide Saturday service. Broward County will reimburse $20 of the $31.25 per hour of such service of which the City will have to fund an additional $6,300 for the next five months. Since the C.W. Thomas Recreation Center is still under construction during the summer, the pool operation will be closed. The savings from the contractual lifeguard service will be transferred to fund the impact. Certain capital equipment has been purchased that was not included in the original budget; however funding is derived from the departmental budget either through personnel vacancy or savings derived from professional services. They are as follows: 1) Since the implementation of the document imaging software, two additional scanners have been purchased, one in Human Resources Department and one in the Community Development Department to transform paper documents into electronic data. Total cost for both scanners is $4,000. 2) The lease for the copy machine in the administrative office expired in January. It is more economical to purchase one than to lease. The purchase of the copier is $4,558 instead of$141 per month for a 3 year lease. 3) Purchase of the Performance Pro Software in the amount of$4,050 which includes licensing. Personnel Changes: Transfer of part-time custodian positions from the Beach division to the City Manager Office. Currently the custodian positions are responsible for maintenance, trash pick up and minor repairs at the pier, marina and the beach facilities. These positions report to Beach Lifeguard Manager. Management believes it is more effective and better supervision to have the positions be reported to a crew leader position. Upgrading the Parking Enforcement Specialist to a Crew Leader position. This position will be supervising parking as well as the custodian functions at the beach. In addition, this position acts as the back up for the dockmaster. The marina, parking, and beach maintenance are all under the supervision of the assistant city manager. The impact will be $3,067 annually including fringe benefits Transfer the engineer position from the Community Development Department to the Public Services Department. Following the restructure of the administrative functions as well as the increasing need for engineering services in Public Services it is determined that the engineer position should be in the Public Services Department to not only Provide engineering support but also to provide for adequate succession planning for the Director as well as the department. Enterprise Fund Water Fund Consumptions for the past six months when compared to the previous year have declined. With the water restrictions imposed, I am forecasting a deficit in the water utility revenue to be $221,510. Further, emergency repairs to the catwalk and the turbine pump incurred at the beginning of the year for a total cost of$28,742 which were not budgeted. Based on six months trend,there will be some savings in some operating expenditures,however, it is still forecasted that this fund will experience a deficit of$190,192 at year end. Sewer Fund Sewer utility revenue is projected to be short by $210,000. With the savings in the department due to vacancy credit and higher interest earnings than budgeted, it is projected that the fund will experience a deficit of$90,000 at year end. Stormwater Fund Based on last year trend, revenue will be short by approximately $40,000. The Commission has approved in February to expense $20,000 for the repairs of the Streetsweeper. After such repairs, additional repair is required and that another $10,500 is projected to be spent. This funding will be derived from the personnel vacancy. 7- 7 RESOLUTION NO. 2007-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING SENATE BILL 742, WHICH WOULD PROHIBIT COUNTIES AND MUNICIPALITIES FROM USING TAX REVENUES TO SUE OTHER LOCAL GOVERNMENTS; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THE BILL; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES,AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, State Senator Justice filed Senate Bill 742, which restricts the powers of local governments; and WHEREAS, Senate Bill 742 prohibits counties and municipalities from using tax revenues to sue other local governments; and WHEREAS, there are occasions in which it is in the best interest of a municipality to sue other local governments to protect and defend their residents; and WHEREAS, if Senate Bill 742 were enacted, municipalities would be powerless to protect and prosecute their interests on behalf of their residents; and WHEREAS, the City Commission of the City of Dania Beach opposes Senate Bill 742 because such proposed legislation is not in the interest of the City and its residents, and the City Commission urges members of the Florida Legislature and the Governor to oppose such proposed legislation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution upon its adoption. Section 2. The City Commission of the City of Dania Beach opposes Senate Bill 742. Section 3. The City urges the Florida Legislature and Governor Crist to oppose Senate Bill 742 and support existing powers of local government. Section 4. The City Clerk is directed to immediately distribute copies of this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward Legislative Delegation, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-078 RESOLUTION NO. 2007-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE, WHICH PROTECTS LAKE OKEECHOBEE IN THE STATE OF FLORIDA, TO BRING THE DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF AN ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; REQUESTING LOCAL SOUTH FLORIDA GOVERNMENTS TO ENACT RESOLUTIONS SUPPORTING THESE REQUESTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lake Okeechobee was impacted by four hurricanes during the 2004 and 2005 hurricane seasons; and WHEREAS, subsequently, at the request of local community leaders, the Governing Board of the South Florida Water Management District commissioned an independent, expert review panel to evaluate all U.S. Army Corps of Engineers' documents concerning the structural integrity of the 140 mile-long Herbert Hoover Dike surrounding Lake Okeechobee; and WHEREAS, the report found that the dike does not meet current levee protection safety standards; and WHEREAS, the possible failure of the dike poses a clear and imminent threat of catastrophic proportions to the communities surrounding Lake Okeechobee; and WHEREAS, the dike was not built to current levee engineering standards and therefore needs expedited Congressional appropriations to be brought into compliance with correct levee safety standards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida requests the Congress of the United States to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards and to expedite funding for the improvements through prompt enactment of an energy and water appropriations bill or some other appropriate mechanism. Section 2. That the City Commission of the City of Dania Beach encourages South Florida local governments to enact resolutions supporting the actions requested in this Resolution. Section 3. That the City Clerk is directed to immediately distribute copies of this Resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Florida Delegation to the United States Congress, the Florida League of Cities, the Broward League of Cities, and all City Clerks of municipalities in Broward County. 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 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-086 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: xce FM esv v*a e e:: rs i vkiFfSR :4'I { f 4 III If4 =. .o-5 ne,.. uav. ._ n.:?,vc.- ..4 i .0 !11F,(rsui. 'c' Adopt Resolution for Joint Participation Agreement (JPA)with Broward County for Hurricane Season Preparation - pre-storm debris. 94W, To assure our residents maximum flexibility to dispose of yard waste pre-hurricane. HMI a Provides alternatives for our residents in case of storm preparation _ n ..?. , .. ., . r , s :, ......: ,,. , _ . . _ .. Dept: 3901 Public Services Administration Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ . See memo F None unless use for storm preparation requires. Ng OW ( N @�p�� ': FOu4 P.. Ia__ v �` , 14 , ERR; � ,. �� .i .._.. Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ni Submitted by Leo Williams Date 05/01/07 Department Director Dominic Orlando Date 05/01/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/01/07 City Attorney Thomas J. Ansbro Date 05/01/07 City Manager Ivan Pato Date 05/01/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE- HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; 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 certain Joint Participation Agreement between Broward County and the City of Dania Beach pertaining to use by City residents of Broward County residential trash transfer stations for pre-hurricane residential yard waste disposal,in substantial form as appearing in Exhibit "A", attached, is approved and the proper City officials are authorized to execute 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 retroactive to May 1, 2007. PASSED AND ADOPTED on 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY Draft 1 March 16, 2007 JOINT PARTICIPATION AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR USE OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS — PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL PROJECT JOINT PARTICIPATION AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR USE OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS — PRE-HURRICANE RESIDENTIALYARD WASTE DISPOSAL PROJECT This Joint Participation Agreement for the use of the Broward County Trash Transfer Stations hereinafter referred to as the "Agreement," made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners hereinafter referred to as "COUNTY." AND The CITY OF DANIA BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WITNESETH: WHEREAS, COUNTY has undertaken programs to ensure quality of life in Broward County by providing disposal facilities which accept tree trimmings and yardwaste materials to minimize debris after a hurricane; and WHEREAS, the COUNTY's Residential Trash Transfer Station Program accepts bulky waste at designated Trash Transfer Stations; and Whereas, the Resource Recovery System (RRS) has approved and funded a pre-hurricane Residential Yard Waste Disposal Project for RRS member cities using the County's Trash transfer Stations; and WHEREAS, CITY desires to participate in the pre-hurricane Residential Yard Waste Disposal Project; and WHEREAS, it is the desire of both the COUNTY and CITY to have a Joint Participation Agreement embodying the understanding between the parties; NOW, THEREFORE, 2 IN CONSIDERATION of the mutual promises, covenants and payments contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Acceptable Waste — means the materials set forth in Exhibit "B," which is attached hereto and made a part hereof, following the heading Materials Accepted. Such materials shall include tree trimmings and other yard waste from single family and multi-family residences 1.2 Agreement - means this document, Articles 1 through 10, inclusive. Other terms and conditions are included in the exhibits and documents are expressly incorporated by this reference. 1.3 Board - The Broward County Board of County Commissioners. 1.4 Contract Administrator - The Broward County Administrator, the Director of the Waste and Recycling Services, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions 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 instructions or determinations made by the Contract Administrator as permitted in this agreement. 1.5 County Administrator — The administration head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.6 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 Broward County Charter. 1.7 Program Plan - The Program Plan shall consist of the services described in Article 2 herein and Exhibit 'A" which is attached hereto and made a part hereof. 1.8 Residential Trash Transfer Station Pre-Hurricane Residential Yard Waste Disposal Project — The Project entails collections at the following three Trash Transfer Stations located at 2780 N. Powerline Rd., Pompano Beach; 5490 Reese Rd., Davie; and 5601 W. Hallandale Beach Blvd., West Park 1.9 Trash Transfer Station — Broward County facility permitted to receive bulky waste material from residents. 3 ARTICLE 2 SCOPE OF SERVICES 2.1 CITY and COUNTY shall perform all work identified in this Agreement and Exhibit 'A" Program Plan, attached hereto and made a part hereof, commencing on May 1 and terminating on June 30 of each calendar year this Agreement is in effect. The parties agree that the Scope of Services is a description of CITY's and COUNTY's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by both CITY and COUNTY impractical, illogical, or unconscionable. 2.2 CITY acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement; provided, however, that the Contract Administrator retains the authority to make changes to Exhibit "A", Program Plan, in order to meet operating requirements, increase the operational efficiency of the program and/or to address health and safety concerns as he/she deems necessary, so long as any such modifications do not increase the cost to either party of providing the original Scope of Services, or result in encumbrances on either party's performance hereunder. 2.3 COUNTY shall provide to CITY's residents, whose address is listed or shown on the County's Property Appraiser's roll as single family homes access to COUNTY's Trash Transfer Stations. 2.4 Access shall be in accordance with Operating Procedures as specified on Exhibit "B," attached thereto and made a part hereof. ARTICLE 3 PAYMENT TERMS 3.1 CITY shall pay COUNTY the CITY's percentage share of the project cost as provided by Sections 3.2 and 3.3 herein. 3.2 The percentage share for CITY shall be determined as set forth below. a. Contract personnel or COUNTY staff will record the address (driver's license) and vehicle type of each user of the Trash Transfer Station. User must also produce a utility bill (water, electricity, cable or telephone) and/or tax notice for the same address in order to gain access to the station. Quarterly lists will be retained within COUNTY records. b. COUNTY will submit a detailed list, containing the address of each of the users appearing on CITY's map, to CITY which will have ten (10) days to review the list and resolve any discrepancy regarding the address. An address may appear more than once depending upon the number of times that resident has used a Residential Trash Transfer Station. 4 C. If there is no discrepancy regarding the address list or CITY fails to review and resolve the list within the ten (10) day period, the reconciled list will be accepted by CITY and COUNTY to represent the number of residents to be counted toward CITY's percentage share. d. CITY's percentage share shall be as follows: Total Number of Uses by CITY Residents from Reconciled List Total Number of Uses of the Trash Transfer Stations during the Project 3.3 Overall operating costs of the Residential Trash Transfer Station Program — Pre- Hurricane Residential Yard Waste Disposal Project shall be the total expenditures documented in COUNTY financial records. CITY shall have access to such records during normal business hours. Copies of records will be provided pursuant to COUNTY policy. ARTICLE 4 TERM OF AGREEMENT 4.1 The term of this Agreement shall begin on May 1, 2007 and shall end April 30, 2008 unless terminated earlier pursuant to Article 7, "Termination." The term may be extended for two (2) additional one (1) year periods upon written approval of the Contract Administrator, and the consent of the CITY. The continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY and CITY in accordance with Chapter 129 and 166, Florida Statutes. ARTICLE 5 INDEMNIFICATION 5.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. Parties are state agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for the acts and omissions of its respective agents or employees to the extent permitted by law. ARTICLE 6 INSURANCE 6.1 The parties hereto acknowledge that CITY and COUNTY are self-insured governmental entities subject to the limitations of Section 768.28, Florida Statutes. CITY and COUNTY shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. 5 ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by action of the Board or by CITY if the party in breach has not corrected the breach within thirty (30) days after written notice from the aggrieved party identifying the breach, or for convenience by action of Board or CITY upon not less than thirty (30) days' written notice. This Agreement may also be terminated by Contract Administrator or CITY upon such notice as Contract Administrator or CITY deems appropriate under the circumstances in the event termination is necessary to protect the public health, safety, or welfare. An erroneous termination for cause shall be considered a termination for convenience. 7.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a timely manner calculated to meet or accomplish the objectives of COUNTY or CITY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator or CITY which is deemed necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience prior to the conclusion of the term set forth herein, both parties acknowledge and agree that Ten Dollars ($10.00) of the compensation to be paid hereunder, the receipt and adequacy of which is hereby acknowledged by both parties, is given as specific consideration to either party's right to terminate this Agreement for convenience. ARTICLE 8 NOTICES Whenever either party desires to give notice the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving of 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 as the respective places for giving of notice: COUNTY: Director, Waste and Recycling Services 1 North University Drive Suite 400 Plantation, Florida 33324 6 CITY: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 ARTICLE 9 EEO COMPLIANCE 9.1 EEO COMPLIANCE CITY shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, disability, or sexual orientation (including but not limited to Broward County Code, Chapter 162) in the performance of this Agreement. CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, CITY represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes). COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from CITY all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. 7 ARTICLE 10 MISCELLANEOUS 10.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Agreement. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Agreement. All books, records, and accounts of CITY shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CITY shall make same available at no cost to COUNTY in written form. CITY 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 pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end 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 by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 10.3 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In 8 providing such services, neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.4 THIRD PARTY BENEFICIARIES Except as provided herein neither CITY nor COUNTY intend to directly 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 shall be entitled to assert a right or claim against either of them based upon this Agreement. 10.5 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, CITY shall not subcontract any portion of the work required by this Agreement, except as authorized herein. CITY represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 10.6 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. CITY further agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or 9 administrative proceeding in which he, she, or CITY is not a party, unless compelled by court process. Further, CITY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude CITY or any persons in anyway from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event CITY is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, CITY agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as CITY. 10.7 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 10.8 COMPLIANCE WITH LAWS CITY shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.9 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.10 JOINT PREPARATION 10 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 all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10.11 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 10 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 shall prevail and be given effect. 10.12 JURISDICTION VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction 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 in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement. 10.13 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY or others delegated authority to or otherwise authorized to execute same on their behalf. 10.14 PRIOR AGREEMENTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters 11 contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 10.15 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 10.16 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party. 10.17 MULTIPLE ORIGINALS 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 12 IN WITNESS WHEREOF, the parties hereto have made and executed this Joint Participation Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on the day of 20 , and CITY OF DANIA BEACH, signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Mayor Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida _day of , 20 Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 Insurance Requirements 115 South Andrews Avenue Approved by Broward County Fort Lauderdale, Florida 33301 Risk Management Division Telephone: (954) 357-7600 By Telecopier: (954) 357-6968 (Date) By Purvi A. Bhogaita (Date) Assistant County Attorney 13 JOINT PARTICIPATION AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR USE OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATION CITY ATTEST: CITY OF DANIA BEACH By City Clerk Mayor day of , 20 . APPROVED AS TO FORM: By City Attorney Dated: PAB:dmv 04/25/07 trashtransferstat-prehu rrica ne-daniabeachjpa.doc 14 EXHIBIT "A" PROGRAM PLAN COUNTY shall furnish the following services commencing on May 1 and terminating on June 30 of each calendar year this Agreement is in effect: 1.1 COUNTY shall receive acceptable waste from its citizens, or others authorized to utilize the North, Central or South Transfer Station by CITY pursuant to the provisions herein. The acceptable waste shall be loaded into trailer trucks for hauling and disposal to a permitted disposal site or placed in a covered transfer trailer pending full loading, hauling and disposal. The provision of services herein may be performed by COUNTY through the use of its employees, or COUNTY may enter into a contract with a third party to perform the services. 1.2 Access shall be in accordance with operating procedures as specified in Exhibit "B", attached thereto and made a part hereof. 1.2 The Transfer Station shall be operated in such a manner to avoid delays and back-ups in receiving acceptable waste. The Transfer Station shall operate Saturdays from 8:00 a.m. to 4:00 p.m. Changes in operating times may be approved by the Contract Administrator. 1.3 COUNTY shall not accept unacceptable waste delivered to the Transfer Station. In the event that unacceptable waste is delivered, CITY shall take all necessary and appropriate action to remove and lawfully dispose of the unacceptable waste at its sole cost and expense. 1.5 COUNTY shall obtain any and all permits required by any federal, state, local governmental or regulatory agency to operate the Transfer Station. 1.6 COUNTY shall promptly notify CITY of any event that forces the closing of the Transfer Station during normal business hours. 1.7 COUNTY shall maintain all landscaping, utilities, grounds maintenance, roadway, asphalt or pavement repairs, and any other repairs and maintenance to the infrastructure serving the Transfer Station. CITY shall provide the following commencing on May 1 and terminating on June 30 of each calendar year this Agreement is in effect: 2.1 City shall inform residents on the operating procedures including but not limited to acceptable materials, prohibited vehicles, identification requirements to determine city residency. 1 EXHIBIT "B" OPERATING PROCEDURES RESIDENTIAL TRASH TRANSFER STATIONS USAGE: • Customer usage is limited to four (4) visits per calendar month from May 1 through June 30 of each calendar year this Agreement is in effect, unless pre- authorized by the Contract Administrator; • Absolutely no commercial or small business waste will be accepted. REQUIREMENTS: • A current Drivers License/photo ID with a utility bill (water, electricity, cable, telephone) and/or tax notice are required as proof of residency (name and address must match). Any users without the required proof of residency will be denied access; residents without the required proof of residency will be required to contact their City for an Authorization Certification to be allowed access into the facilities. MATERIALS ACCEPTED: Residential Rubbish: • Yard furniture • Yard Waste —tree trimmings • Old fencing • Other external materials likely to become post-hurricane debris MATERIALS NOT ACCEPTED: Any liquids (gas, etc.); • Abandoned vehicles or vehicle parts; • Garbage; Hazardous waste and/or household hazardous waste; • Radioactive materials; • Explosives; • Body waste; • Dead animals; • Fuel tanks, gas tanks, cylinder tanks. 2 PROHIBITED VEHICLES: • Trucks, cars or trailers with logos/lettering which identify the vehicle as commercial; • Pickup truck which has been altered or modified from the original design of the vehicle to permit loading in excess of designed capacity for the truck body; • Truck or vehicle with capacity design which is greater than 1.5 tons; • Truck or vehicle with a pickup box (bed) greater than 10 feet in length or a width greater that 6 feet ; • Rental or privately owned open trailers greater than 8 feet in length and/or with side boards greater that 3 feet in height; • Trailer van greater than 8 feet in length. REGULATIONS: • Residents are required to off-load and place material in the dumpster themselves and must abide by the unloading direction of the site supervisor. Children under the age of 16 are not permitted in the unloading area. Care and caution shall be exercised at all times. Access and offloading assistance is provided for the disabled. 3 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 •(954)-923-1109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: May 1, 2007 RE: Broward County Joint Participation Agreement (JPA) Use of Broward County Residential Trash Transfer Stations - Pre-Hurricane Residential Yard Waste Disposal Project In the wake of the 2004 and 2005 Hurricanes, it became clear that trimmed trees are less vulnerable when the winds could pass through the tree's canopy. Pre-hurricane tree pruning could reduce tree damage and post-event debris. Residents that trim their trees will need an appropriate disposal outlet. The County, in association with the Resource Recovery Board (RRB), recognized that the county's three (3) residential Trash Stations (TTS) could provide a supplement disposal option for these materials. This option will work in the same manner as the cooperative approach with the Household Hazardous Waste. The City would pay their proportionate share of the costs based on usage by City residents. Staff recommends joining into an agreement with Broward County including most other Municipalities to provide a common dump site for residents as part of pre-storm preparations. CITY OF DANIA BEACH Agenda Item # 7• A0 Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: R q ted on fideafKy appropriate Actim or Motion) Approval to purchase supplies, services, equipment and materials from Fisher Scientific Company, LLC, in an amount not to exceed $33,000.00 for FY 2006/2007. ti1�� ct�gsNecessary Approval of fiscal year expenditures in excess of$15,000.00 to a single vendor required by city ordinance. Yf/tiat J�CtitS#Aacompiishes Allows for purchase of necessary supplies, services, equipment and materials in excess of$15,000.00 for FY 2006/2007 from this vendor. •iu�A OI�a M 2 tgst��r\�l Dept: 2201 Fire Rescue Acct#: 001-2201-522.52-50 Amt: $33,000.00 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 00000t, 0, ckgkp ad The FY 2007 budget approved the purchase of replacement of bunker gear that are unsuitable for use in firefighting operations, due to the fact that it has become unrepairable,worn out, and specifally out of compliance with standards for firefighting bunker gear. The purchase of this necessary equipment was under a three year replacement program. This being the first year, the worst gear has been higlighted for immediate replacement with compliant, safe and proper bunker gear, and the cost will be $18,804.70 . With other services and supplies that the City purchased from Fisher Scientific, it is estimated that the cost for the year will be around $33,000 PiscatJpYlCost Summary Resolution authorizing the city manager to purchase supplies, services, equipment and materials from Fisher Scientific Company, LLC, in amount not of exceed $33,000.00 for FY 2006/2007. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �' "'�"ftft_ _, Submitted by Michael Cassano Date 04/27/07 Department Director Michael Cassano Date 04/27/07 Assistant City Manager Colin Donnelly Date 05/01/07 HR Director Date Finance Director Patricia Varney Date 05/01/07 CO Attorney Thomas J. Ansbro Date 05/01/07 UY Manager Ivan Pato Date 05/01/07 lip r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM FISHER SCIENTIFIC COMPANY, LLC, IN AN AMOUNT NOT TO EXCEED $33,000.00 FOR FISCAL YEAR 2006- 2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bidding and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated supplies, services, equipment and materials from Fisher Scientific Company, LLC for use by the City of Dania Beach Fire-Rescue Department; and WHEREAS, the City Manager has determined that it is necessary to purchase bunker gear (turnout gear) in an amount not to exceed $18,804.70 for use by the City of Dania Beach Fire-Rescue Department; and WHEREAS, the City Manager has determined that such purchases can be made at a competitive price and with timely delivery from Fisher Scientific Company, LLC; and WHEREAS, as of April, 2007, the City has purchased $12,734.40 in miscellaneous supplies, services, equipment and with the pending purchase of the bunker gear, the City is expected to expend over $33,000.00 by September 30, 2007; 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 $33,000.00 for fiscal year 2006/2007, from the City of Dania Beach Fire-Rescue Department budget to Fisher Scientific Company, LLC, for the purchase of miscellaneous supplies, services, equipment, materials, and bunker gear. 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 May 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. � I ry CITY OF MARGATE, FLORIDA RESOLUTION NO. 10-344 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING AWARD OF CONTRACT FOR TURNOUT GEAR FOR DEPARTMENT OF FIRE RESCUE TO FISHER SCIENTIFIC COMPANY, L.L.C. , CITY OF MARGATE ACTING AS LEAD AGENCY FOR SOUTHEAST FLORIDA COOPERATIVE PURCHASING GROUP. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1 : That the City Commission of the City of Margate, Florida, hereby approves award of contract for turnout gear for Department of Fire Rescue to Fisher Scientific Company L.L.C. , City of Margate acting as Lead Agency for Southeast Florida Cooperative Purchasing Group. SECTION 2 : That the Mayor and City Manager are hereby authorized and directed to execute a contract for the above, or the administration is authorized to issue a purchase order to implement same . SECTION 3 : That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 4TH day of MAY 2005 ATTEST: LERK JUDITH A LGORE MAYO JOSmPH LLO , RECORD OF VOTE: Bross AYE Donovan AYE McLean AYE Talerico AYE Varsallone AYE CONTRACT THIS CONTRACT,made and entered into this day of_j2 A&C .2005_,by and between: CITY OF MARGATE,FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida,5790 Margate Blvd.,Margate,Florida,33063, (hereinafter referred to as "CITY");and Fisher Scientific Company,L.L.C., 3970 Johns Creek Court,Suite 500,Suwanee,GA 30024 , (hereinafter referred to as "CONTRACTOR"). WITNESSETH: IN CONSIDERATION of the mutual covenants and conditions as herein expressed and of the faithful performance of all such covenants and conditions,the parties do mutually agree as follows: ARTICLE I THE CONTRACT DOCUMENTS Total Fire Safety Group through Fisher Scientific Company,L.L.C. will extend the same pricing to the Southeast Florida Cooperative Purchasing Group as currently being offered under GSA(General Services Administration) Contract. Refer to Attachment B (Pricing Schedule). The City of Margate shall act as lead agency for the cooperative. Any concerns or problems regarding the administration of the contract shall be directed to Patricia Greenstein, CPPB, Purchasing Manager, City of Margate, 5790 Margate Boulevard, Margate, FL 33063. The contract shall be from date of award and terminate on August 31,2008. Each participating government agency shall be responsible for awarding their own contract, issuing their own purchase orders, and for order placement. Each entity will require copies of current 1 manufacturer's price schedules, separate billing,be responsible for payment to CONTRACTOR and issue its own tax exemption information. Any reference in the contract documents to a single agency or location will,in fact,be understood as referring to all participating agencies unless specifically noted as otherwise. The CONTRACTOR upon request shall furnish to the Cooperative through the Lead Agency a detailed summary of sales annually during the contract period. All items are to be delivered F.O.B. Delivered to each participating agency's location. If requested by agency CONTRACTOR shall agree to accept"Blanket or Open Purchase Orders" either on a monthly or annual basis and release partial shipments upon verbal request. Fisher Scientific will assist in the placement and coding of orders. For new or replacement gear employees must be measured by a person employed by the CONTRACTOR trained in taking measurements prior to an order being placed. If through no fault of the using entity, turnout gear is delivered which is not acceptable CONTRACTOR shall be responsible for correcting and replacing and shall bear all cost associated with above. In addition, if gear is delivered and needs to be altered CONTRACTOR shall have two attempts. Any misfits or alterations which can not be adjusted satisfactorily to the user entity will be rejected and CONTRACTOR shall supply new gear within ten (10) days. The City reserves the right to cancel this contract without cause upon thirty(30)days written notice; or sooner with cause. Nonperformance or unsatisfactory performance shall be considered grounds for immediate termination. 2 ARTICLE 2 SCOPE OF THE WORK CONTRACTOR shall furnish all of the labor, materials, equipment, transportation, supplies and services necessary to perform all of the work required by the Contract Documents for: SUPPLY OF TURNOUT GEAR ARTICLE 3 CONTRACT TIME TIME IS OF THE ESSENCE OF THIS CONTRACT, The work to be performed under this Contract shall be commenced upon the date of Notice of Award. . A Blanket Purchase Order shall be issued to the CONTRACTOR and orders called in on an "as needed basis". CONTRACTOR shall bill the CITY for materials received and payment shall be made upon acceptance by the CITY. ARTICLE 4 CONTRACT SUM 1. Annual usage is estimated to be approximately $30,000. to $50,000. Payment shall be made upon receipt of a properly executed invoice and acceptance of materials by CITY. 3 ARTICLE 5 PAYMENT 1. The CONTRACTOR shall requisition payment for work completed. Payment shall be made as above provided upon full completion of the job as determined by CITY together with properly executed releases of liens by all subcontractors, suppliers and materialmen as may be required by CITY. CITY shall make payment to CONTRACTOR within 30 calendar days after its approval. 2. CITY may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective work not remedied. b. Claims filed or unreasonable evidence indicating the probable filing of claims by other parties against the CONTRACTOR. c. Failure of the CONTRACTOR to make payment to subcontractors or suppliers for materials or labor. d. Damage to the CITY or another contractor not remedied. e. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract time f. Reasonable evidence that the work will not be completed within the Contract Time. g. Persistent failure to carry out the work in accordance with the Contract Documents. When the above grounds are removed or resolved or the CONTRACTOR provides a surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4 ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be paid by the CITY to the CONTRACTOR when all outstanding work has been completed and all controversy regarding the preceding has been settled to the CITY'S satisfaction. ARTICLE 7 MISCELLANEOUS PROVISIONS 1. Terms used in this Agreement which are defined in the Special and General Conditions of the Contract shall have the meanings designated in those Conditions. 2. This agreement shall have been deemed to have been executed within the State of Florida. The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 3. Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the State,the validity of the remaining portion or provision shall not be affected thereby. 4. CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests therein without CITY'S prior written approval. The obligations undertaken by CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR and the CITY may,at its discretion,cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. 5. This agreement, and attachments, represents the entire understanding of the parties as to the matters contained herein. No prior oral or written understanding shall be of any force and effect with respect to those matters covered hereunder. This agreement may only be modified by amendment in writing signed by each party. 6. CITY AND CONTRACTOR HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN 5 RESPECT TO ANY ACTION,PROCEEDING,LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT,ARISING OUT OF,UNDER,OR IN CONNECTION WITH THE WORK,OR ANY COURSE OF CONDUCT,COURSE OF DEALING,STATEMENTS (WHETHER VERBAL OR WRITTEN) OR THE ACTIONS OR INACTIONS OF ANY PARTY. 7. Waiver of Jury Trial: The parties to this agreement hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding,lawsuit or counterclaim based upon the contract, arising out of,under, or in connection with the matters to be accomplished in this Agreement,or any course of conduct,course of dealing, statements, (whether verbal or written) or the actions or inactions of any party. 8. Venue: This agreement shall have been deemed to have been executed within the State of Florida. The validity,construction,and effect of this Agreement shall be governed by the law of the State of Florida. Any claim,objection or dispute arising ourt of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. IN WITNESSETH WHEREOF, CITY and CONTRACTOR have signed this Contract in triplicate. One counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Contract Documents have been signed or identified by CITY and CONTRACTOR. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. APPROVED BY RESOLUTION NO. 10-344 - 5/4/2005 ATTEST: CITY OF MARGATE, FLORIDA BY: J ITH A. KILLO BY: SA E CIT�Yp ERK MAYOR BY: LEONARD B. OOLUB B CITY MANAGER MR. CARTER HALL FISHER SCIENTIFIC COMPANY, LLC 6 APP VED FELD CIT ATTORNEY 7 tCORM G Ir' � rQ l„IABIL� 4. ��1 �*(!!��Ya { YaryFuf j, ,pDATE(MM/DD/YY) ' Na'i rt �.o ?'+§L y 1 tf_ s µ4,'Ytj ao b3,QfJ .,Plt I A n• T *N „ ;Z�'Y eel 12/02/04 re7Y. 4/44'i: .0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AD n Risk Services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY American Home Assurance Co. PHONE- (866) 266-7475 FAX. (866) 467-7847 A• - o c INSURED COMPANY National Union Fire Ins Co of Pittsburgh u Fisher Safety Equipment Company LLC B 6507 N. Harney Road Tampa FL 33630 USA COMCPANY New Hampshire indemnity Co, Inc v 0 x COMPANY New Hampshire ins Co ,�•. D �„e7i'7ay'?747 �'7tl:a c' +�i!a.'1^.�"'. , ,•.' " '�i'+A4'tity.ff: I S,.,,rix4'.SIR'111aY'r'/L,p�;.:�..: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOFINSURAnf.E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(.MMMDM) DATE(MMIDDIYY) a O 8 GENERAL LIABILITY 6007611 12/01/04 12/01/05 GENERAL AGGREGATE 52,000,000 H General Liability X COMMERCIAIGENERALLIABILITY PRODUCTS COMPpP AGG II,000,000 N PERSONAL ADV INJURY S1,000,000 Y�r� CLAIMS MADE �OLCUR a � OWNER'S B CONTRACTOR'S PROT EACH OCCURRENCE IT BOB,000 N FIRE OAMAGEIAnY one Orel S3,000,000 c MED EXP(Anyone Mrson) 110,000 u A AUTOMOBILE LIABILITY 2044978 1Z/01/04 12/01/05 n COMBINED SINGLE LIMIT 52,000,000 u X MY AUTO Commercial AUTO ADS �_ w A ALL OWNED AUTOS 2044981 12/01/04 12/01/05 BODILY INJURY U Commercial AUTO VA (Per perzpnl q SCHEDULED AUTOS 2044980 12/02/04 12/01/05 HIRED AUTOS Commercial AUTO TX BODILY INJURY A NOMOWNEOAUTOS 2044979 12/01/04 12/01/05 (Pot acoden0 Commercial AUTO MA PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY EA ACCIDENT ANYAUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE B EXCESS LIABILITY BE2860847 12/01/04 12/01/OS EACH OCCURRENCE S5,000.00 UMBRELLA FORM Umbrella Liability AGGREGATE S5,000,00 OTHER THAN UMBRELLA FORM X WL$TAIU "ER Ll'T'- ,+AJa;;,f�y �) C EMPLOYERS' COMPENSATION AND 5899094 12/01/04 12/01/0$ TORY LIA11lS 'vA; 9s, i�! EMPLOTERS'LIABILITY Workers Compensation (ADS) EL EACH ACCmENT 1• C THE PROPRIETOR X INCL 5899096 12/01/04 12/01/05 EL DISEASE POUCV LIMIT f 1,000,000 PARTNERSIEXECUTIVE Workers Compensation MA,nY,WI OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE $1,000,000 i� �A DESCRIPTION OF OPERATIONSILOCAT*NSNEHICLESISPECIAL ITEMS city of Margate is included as an additional insured with regard to general liability coverage only for services provided by the Named Insured, z: �l tkTIF. CA E'H04DER'.r'�Ii!e4` :L vr.._s'Yht,4Y� ,-YaI a'y.�-x„F,Sfi:i, ..,z�fi° ANCELI'tAT1O „Y �.+a,'i^� u.,..�wi::, 15'e'�S 4:;e C .t.' •Y;T'-?j{e •4 SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE f1 city Of Margate EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Ji Attn:M1S5 Pat Greenstei❑ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 5790 Margate Blvd. BUT FAILURE TO AWL SUCH NOTICE SHALLIMPOSE NOOBLIGATION OR LIABILITY Margate FL 33063 USA r OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE �y�. ,F„fq,e;w„�� ry�..,,�/,,,..(,� CW A D G. vitP ✓.:;.<.•. .ACORD-2$3' 1!9 t r.. r ! kr.< -Y•? .Y -r '. ` O 11ION.. I _. CITY OF DANIA BEACH Agenda Item # /. Agenda Request Item Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: m_. `.f n Y SIP 01)08te l to W ar,moo") Execute agreement with Children's Services Council for the 2007 Summer Challenge Program; further authorizing execution of an agreement with After School Programs, Inc. in conjunction with the grant award to provide all services in conjunction with grant. To enter into an agreement with After School Program, Inc. again for the fourth year, to operate the program to ensure all requirements and guidelines are met or exceeded. � dr,�lsrr�s The execution of the 2007 Children's Services Council Summer Chalenge Grant and authorization for execution of an agreement with After School Programs, Inc. SHY �r�{.*k'E�r Dept: 7208 Recreation Summer Program Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ a. l ."Mary n a, .iiF is Exhibit 1 Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mark T. Felicetty Date 03/30/07 Department Director Kristen Jones Date 05/02/07 Assistant City Manager Colin Donnelly Date 05/02/07 HR Director Date Finance Director Patricia Varney Date 05/02/07 City Attorney Thomas J. Ansbro Date 05/02/07 City Manager Ivan Pato Date 05/03/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2007 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS,the City Manager has determined that it is advantageous for the City of Dania Beach to provide funding through the Summer Challenge grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the 2007 Summer Camp recreational program, which will coincide with the Broward County School year; and WHEREAS, this grant will provide up to 88.5% of the total costs for the programs with a match from the City of Dania Beach in the form of in kind services and cash match of no less than 11.5%, with a maximum cash match of $22,480.00 inclusive of start-up costs and other operating expenses; and WHEREAS, the City Manager has determined that the contract with After School Programs, Inc. will be contingent on award to the City of the Summer Challenge grant and availability of a site to conduct the program and will be for the 2007 summer period (June — August); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the match by the City of no less than 11.5% of the Children's Services Council of Broward County for the 2007 Summer Challenge grant (a maximum cash match of$22,480.00, including start-up costs and other operating expenses) in conjunction with the Agreement with After School Programs, Inc. for after school program staffing, a copy of which grant application is attached as Exhibit "A" to this Resolution. In addition, all of the foregoing recitals are incorporated as if fully set forth in this Section. Section 2. That the proper city officials are authorized to execute the grant Agreement, and the Agreement with After School Programs, Inc., and the City Manager and City Attorney are authorized to make revisions to such Agreements as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the grant agreement and an agreement with After School Programs, Inc., the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts, including the transfer of funds of the required City's cash match. 2 RESOLUTION NO.2007-080 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 retroactive to May 1, 2007. PASSED AND ADOPTED on , 2007. BOB ANTON MAYOR— COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION NO.2007-080 CHILDREN S r SERVICES MAY - 1 2007 SERVICES ^r� rCirouvMI L CHILDREN'S SERVICES COUNCIL DATE: April 25, 2007 MEMBERS: Commissioner TO: Ivan Pato, City Manager Sue N. Gunzburger,Chair County Commissioner City of Dania Beach I 4r David L.Roach, Vice Chair FROM: Audrey Stang, Director of Program Services J Broward County Health Dept.Administrator SUBJECT: Contract for Execution yl. Jack L.Moss,Secretary DCF District Administrator Emilio Benitez Please find attached two (2) sets of the contract #07-2825 for your Governor Appointee Summer Challenge Program 2007. Please obtain original signatures and Mariza Cobb have both copies notarized before returning them to our office. Also, Governor Appointee please submit documentation which designates signatory authority for your Honorable Lawrence L.Korda agency. Please return both sets of contracts and the signatory authority Judicial Member document as soon as possible to ensure final execution before May 1, (Temporary Leave of Absence) 2007. One original contract will be sent to you for your records and one Stephanie Arma Kraft,Esq. original contract will be retained by the Council. School Board Member Jam es F.Noner Thank you for your assistance with this exciting summer opportunity. We Interim School look forward to working with you to provide Broward's children with Superintendent exciting, rewarding and fun-filled summer experiences. If you need any Terry Santini additional information, do not hesitate to call me at (954) 377-1000. Governor Appointee Christopher L.Smith Attachments: Core Contract, Exhibit A and Exhibit B Governor Appointee Ana MValladares Governor Appointee STAFF Cindy J.Arenberg Seltzer PresidentICEO LEGAL COUNSEL John Milledge Garry Johnson 6301 NW 50,Way, Suite 3000 •Ft. Lauderdale, Florida 33309 •Phone 954-377-1000 • Fax 954-377-1683 www.cscbroward.org AGREEMENT Between Children's Services Council of Broward County and City of Dania Beach for Summer Challenge 2007 #07-2825 PROGRAM CONTRACT NUMBER This Agreement, entered into this 1st day of May. 2007, by and between the CHILDREN'S SERVICES COUNCIL, an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL," and City of Dania Beach, a FLORIDA MUNINICPALITY, hereinafter referred to as "PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise funded by any other public funding source; and WHEREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: 1. TERMS OF AGREEMENT The terms of this Agreement shall be from May 1, 2007, through September 30, 2007. This agreement is not renewable. If. SCOPE OF WORK 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screening: the PROVIDER shall comply with the Level 2 background screening and fingerprinting requirements in accordance with Florida Statutes Chapter 435, and School Board of Broward County and/or Broward County background screening requirements, as applicable. City of Dania Beach j P.O.W.E,R. Program Summer Challenge 2007 Contract#:07-2825 III. ORDER OF PRECEDENCE The Bid Solicitation and PROVIDER Proposal Response are hereby incorporated by reference as a part of this Agreement in the following Order of Precedence: Executed Contract, Bid Solicitation Requirements, PROVIDER Application for Funding. IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be $195,370.00 ("Contract Amount") 2. PROVIDER agrees to provide a Match in the amount of $22,480.00 for the period of May 1, 2007 through September 30, 2007, in accordance with the Requirements specified in the Application for Funding, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (10`h) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the final invoice for payment to COUNCIL no later than September 30, 2007. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where City of Dania Beach 2 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients become eligible for Medicaid or other third party payor. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER'S invoices. 8. No capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER'S responsibility to advise the Contract Administrator, in writing, of changes in name, address and/or telephone number. V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees: a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service, delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality of Client services and records in full accordance with any federal or state laws or federal regulations mandating such confidentiality. C. To make all records and files pertaining to Clients subject at all times to inspection, review and/or audit by COUNCIL. d. That, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. City of Dania Beach 3 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 e. To respond to any monitoring findings within the time frame specified therein, that back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. To respond to any monitoring findings within the time frame specified therein. i. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. 2. REPORTS: PROVIDER agrees: a. PROVIDER agrees to comply and participate in any data collection as required by the COUNCIL. Also, PROVIDER agrees to furnish COUNCIL with any and all reports required in this Agreement within the accompanying time requirements as noted. b. In the event services similar or identical to those covered under this Agreement are purchased and/or subsidized in whole or in part by another public or private funding source, notice of funding specifics shall be submitted to the Contract Administrator. c. Statistical Demographic Report: The PROVIDER agrees to maintain and report monthly (where applicable), information on overall Client demographics which includes social security number, age, gender, race, ethnic origin, parental marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agrees to track overall Client household income, other benefits received, types of services provided, and other information as required by the COUNCIL. d. Client Satisfaction Surveys: The PROVIDER agrees to furnish the COUNCIL with compiled results of any and all Client Satisfaction Surveys administered by the PROVIDER. Survey reports shall include the total number of surveys administered/mailed and the total number of surveys completed/returned. Upon COUNCIL request, PROVIDER shall submit raw data from all administered Client Satisfaction Surveys. The COUNCIL may, at its discretion, administer or require the PROVIDER to administer Client Satisfaction Surveys, as deemed necessary. PROVIDER shall provide necessary client information and facilitate the administration of client satisfaction surveys, as directed by the COUNCIL. City of Dania Beach 4 RO.W.E,R. Program Summer Challenge 2007 Contract#:07-2825 e. Client Outcome Data Reporting: The PROVIDER shall submit Client Outcome data, in the format provided by the COUNCIL, within time frames specified by the COUNCIL. The PROVIDER shall also report any barriers experienced in outcome achievement. The report should also include any noteworthy activities that have occurred during the term of this Agreement. The PROVIDER shall also submit the number of Clients served under this Agreement to include: the number of new Clients, the number of Clients terminated, and such other information as requested. f. Actual Expenditure Report: The PROVIDER shall submit to the COUNCIL an Actual Expenditure Report which reports by line item actual expenditures incurred in the performance of this contract. The report shall be submitted in a format to be provided by the COUNCIL. Such expenditure information will be used to compile historical unit cost data and to analyze appropriate funding levels. Significant discrepancies between budgeted and actual costs may result in recoupment of funds. A final Actual Expenditure Report shall be submitted by the PROVIDER to the COUNCIL sixty (60) days after the end of the contract. 3. OTHER REQUIREMENTS: a. INTERNAL DOCUMENTATION PROVIDER agrees to maintain the following, as applicable: (1) personnel files including hiring records, job descriptions, policies, evaluation procedures, and background screening results, (2) Authorized time sheets, records, and attendance sheets, (3) Daily activity log and monthly calendar, (4) signature of person at sites authorizing presentations, (5) Training modules, (6) Pre and post session questionnaires, (7) Client information release form, (8) Community Resource Inventory Organizational Profile update, (9) Emergency Disaster Plan and (10) such other information as requested by COUNCIL. b. UNITS OF SERVICE: Provider shall document and maintain permanent client records that reflect individual beginning and ending service times, dates of service and nature of service for all units of service provided under this Agreement. c. TRACKING SYSTEM REQUIREMENTS PROVIDER shall comply with the COUNCIL'S Services and Activities Management Information System (SAMIS), as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. This shall include, but not be limited to, Client information related to Client demographics, and identification, referral sources, outcome performance data, service provision data and fiscal activities for all programs funded under this Agreement. d. PRO CHILDREN ACT COMPLIANCE The PROVIDER shall comply with Public Law 103227 Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor area routinely used or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education or library programs either directly or through State or local City of Dania Beach 5 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 governments, by Federal grant, contract loan, or loan guarantee. The law does not apply to children's services provided in the private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. e. REVENUE MAXIMIZATION DOCUMENTATION PROVIDER agrees to comply with any and all reporting and documentation requirements necessary for eligibility for Federal, State and other match funding opportunities to COUNCIL for services provided under this Agreement, e.g., Title IV- E of the Social Security Act, Temporary Assistance for Needy Families (TANF) Block Grant, Medicaid Targeted Case Management, etc. The PROVIDER shall complete all necessary and appropriate forms for all Clients served under this Agreement. This data will be used by the COUNCIL in federal funding revenue maximization efforts. All eligibility information shall be reported to the COUNCIL quarterly, unless otherwise specified by the COUNCIL, and copies of all eligibility forms shall be retained in the individual client/family case files and available for unannounced review by the COUNCIL. Such eligibility information shall not be used as a determination of client eligibility for program services funded under this Agreement. VI. TERMINATION OF AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's services. It is the further intent of the COUNCIL to terminate Agreements only in those situations where such action is essential for the protection of its interest and the interests of children, as determined by the COUNCIL. 2. This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours City of Dania Beach P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL at its discretion may waive any breach by the PROVIDER in writing, but such waiver shall not constitute a waiver of any further breaches, including breaches of the same type. 6. The above provision shall not limit the COUNCIL'S right to remedies at law or to damages. VI I. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under this Agreement. As defined in the Florida Single Audit Act, the PROVIDER agrees to allow the COUNCIL, the comptroller, the Auditor General or other auditing body access to its records as required by Florida Statutes 215.97, Florida Single Audit Act. PROVIDER shall preserve and make available, at reasonable times for examination and audit by COUNCIL, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of the Agreement Term of this Agreement and for three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end 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 by COUNCIL to be applicable to PROVIDER'S records, PROVIDER shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by PROVIDER. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNCIL'S disallowance and recovery of any payment upon such entry. Vill. OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNCIL. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by PROVIDER, whether finished or unfinished, shall become the property of COUNCIL and shall be delivered by PROVIDER to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor under this Agreement. Services provided by PROVIDER shall be by employees of PROVIDER and subject to supervision by PROVIDER, and not as officers, employees, or agents of the COUNCIL. Employee compensation, personnel policies, tax responsibilities, social security and health City of Dania Beach 7 P.O.W.E.R. Program Summer Challenge 2007 Contract 4:07-2825 insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of PROVIDER. X. SUBCONTRACTING PROVIDER shall not assign the responsibility of this Agreement to another party or subcontract for any of the work contemplated under this Agreement, without prior written approval of the Contract Administrator. No such approval by the Contract Administrator shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the COUNCIL in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1. Within 120 days of the close of its fiscal year, PROVIDER agrees to submit to the COUNCIL a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. Audit extensions may be granted in writing by the Contract Administrator upon receipt in writing of such request with appropriate justification by the PROVIDER. 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace funds from other funding sources. XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PROVIDER will submit to the COUNCIL a calendar of its scheduled Board meetings for the current fiscal year and an updated list of Board Members. XIII. PUBLICIZING COUNCIL SUPPORT PROVIDER agrees to identify the COUNCIL'S support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from the COUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo for such use. XIV. PUBLICATIONS PROVIDER agrees to supply the COUNCIL, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City of Dania Beach g P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 COUNCIL. PROVIDER agrees that the COUNCIL will have unlimited use of copyrighted materials developed under this Agreement. XV. CONFIDENTIAL INFORMATION The PROVIDER, its agents, employees or subgrantees will not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon written consent of the recipient, or his/her responsible parent or guardian when authorized by law. XVI. SECURITY OBLIGATIONS PROVIDER shall maintain an appropriate level of data security for the information the PROVIDER is collecting or using in the performance of this contract. This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access,has been removed from all terminated PROVIDER employees. XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number (1-800- 96ABUSE). As required by Chapters 39 and 415, FLORIDA STATUTES, this is binding upon both the PROVIDER and its employees. 2. In the event of critical incidents such as serious Client accident, injury or death, PROVIDER shall advise the Contract Administrator immediately by phone and in writing within twenty-four (24) hours. All pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the PROVIDER to the Director of Program Services within twenty-four (24) hours of the incident, or receipt of such information. XVIII. NONDISCRIMINATION Programs receiving funding from the COUNCIL shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, sexual orientation, religion, national origin, citizenship, disability, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768.28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and City of Dania Beach 9 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall maintain in force for the term of this Agreement comprehensive general liability in the minimum amount of three hundred thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a Certificate of Insurance which reflects COUNCIL as an additional insured and provides thirty (30) days prior written notice of cancellation. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Workers' Compensation Law). Further, PROVIDER will maintain professional liability insurance in the minimum amount of Three Hundred Thousand Dollars ($300,000) for each claim, subject to insurance market availability and affordability. Such policy will be evidenced by a Certificate of Insurance which provides thirty (30) days prior written notice of cancellation. Each renewal of the respective Certificate of Insurance provided for above shall be submitted to the COUNCIL. Failure to submit the respective Certificate of Insurance such that a current Certificate of Insurance is on file with the COUNCIL shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER'S insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and P P 9 under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. City of Dania Beach 10 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope of Services, to reduce the Contract Amount, or to change performance outcomes. 2. This contract or Agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of COUNCIL. The PROVIDER herein shall not assign payments under this contract or agreement without the prior written consent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded PROVIDER(S) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS 1. PROVIDER represents to COUNCIL that upon the execution of this Agreement and continuing throughout the Agreement Term the following are true and correct. In the event that any of the following representations become at any time not true, the PROVIDER shall immediately provide written notice of same to the Contract Administrator. a. There have been no irregularities involving its management or employees that could have a material effect on PROVIDER'S operations or financial stability. b. PROVIDER has committed no violations or possible violations of laws or regulations the effects of which should be considered by COUNCIL prior to entering into this Agreement. c. There are no material transactions that have not been properly recorded in the appropriate document(s) or disclosed. d. Related party transactions as defined by generally accepted accounting principles and related amounts receivable or payable have been properly recorded or disclosed. City of Dania Beach 1 1 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 e. It maintains appropriate active license(s), which are all in good standing and have not been revoked or suspended, where PROVIDER is operating a facility or providing a service where any type of licensure is required, including, but not limited to federal, state, county and local law. f. PROVIDER represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNCIL'S satisfaction for the agreed compensation. g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of PROVIDER'S performance and all interim and final product(s) provided to or on behalf of COUNCIL shall be comparable to local state and national best practice standards. 2. PROVIDER acknowledges that: a. Verification of liability protection, shall accompany this Agreement upon execution of this Agreement by PROVIDER. b. Information, guidance and technical assistance offered by Program Services Specialist, or any other staff, whether written or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon as a basis for doing business, delivering service, expending financial resources or expectation of receipt of payment. XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNCIL, may not submit a bid on a contract with COUNCIL for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNCIL, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with COUNCIL, and may not transact any business with COUNCIL in excess of the threshold amount provided in Section 287.017, Florida Statues, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNCIL'S competitive procurement activities. XXVIL GOVERNING LAW AND VENUE This Agreement shall be governed, construed, and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Court in and for Broward County, Florida. City of Dania Beach 12 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 XXVIII. COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local government laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. XXIX. SEVERABILITY In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNCIL or PROVIDER elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES The source of the COUNCIL'S funding is local dollars; thus the PROVIDER does not need to conduct a separate single audit under this contract. The PROVIDER shall use the following Circulars as a guideline for managing the COUNCIL'S funding: 1. Administrative Requirements: OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 2. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations" and OMB Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." 3. Florida Statutes 215.97, Florida Single Audit Act. XXXL HIPAA ADDENDUM Both parties agree to satisfy the standard for personal health information contained in the federal and state statutes and regulations, including, without limitation, any regulations promulgated under HIPAA (Health Insurance Portability and Accountability Act), as applicable. Both parties agree that as a result of the business relationship and as defined in the HIPAA Final Privacy Rules 65 CFR Parts 160 to 164 December 28, 2000, Contractor is possibly considered a Business Associate of Hospital District, and may be a Chain of Trust Partner under the HIPAA Proposed Security Rules. Business rules will be appended to this contract detailing the privacy and security requirements and practices that a Business Associate is required to meet. If HIPAA Transaction Standards and Code Set Final Rules at 45 CFR Parts 160 and 162, August 17, 2000, apply due to any electronic bills Contractor may submit to Hospital District, Contractor agrees that the billing information shall meet HIPAA Transaction Standards and Code Set Final Rules. If requested by the Hospital District, Contractor agrees that it will enter into an appropriate Trader Partner Agreement, Business Associate Agreement, and/ or Chain of Trust Agreement as necessary to comply with the aforementioned rules. The City of Dania Beach 13 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 parties agree to negotiate for thirty (30) days with the goal of reaching a mutually agreeable Trading Partner Agreement, Business Associate Agreement and /or Chain of Trust Agreement. If the parties fail to agree and fully execute such an Agreement or Agreements by the end of thirty (30) days, either party may terminate this Agreement upon written notice to the other party. XXXII. MULTIPLE ORIGINALS This Agreement may be fully executed in two (2) copies or more by all parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: This twenty-eight (28) page contract, inclusive of Exhibit A, Scope of Work, and Exhibit B, program schedule is hereby executed as follows: Approved as to form by: JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 61h Street, 15" Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John Milledge, Esq. City of Dania Beach 14 P.O.W.E.R. Program Summer Challenge 2007 Contract 9:07-2825 PROVIDER: COUNCIL: City of Dania Beach SIGNED SIGNED BY: BY: NAME: Ivan Pato NAME: Comm. Suzanne Gunzburger TITLE: City Manager TITLE: Chair DATE: DATE: Provider Federal Identification #: 59-60000302 Attachment: Exhibit A and B Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me this day of , 2007 by as of (Name of Signatory) (Title) (Name of Entity) a on behalf of the corporation/entity. He/She is (Type of Entity) personally known to me or produced identification. Type of identification produced: Notary Public— State of Florida Print Name: (Seal) My commission expires: City of Dania Beach 15 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 EXHIBIT A SCOPE OF WORK Agency name: City of Dania Beach Program Name: Summer Challenge 2007 P.O.W.E.R. (Positive Outlooks With Educational Rewards) Program Contract #: 07-2825 I. Method of Service Delivery ,The,PROVIDER shall prAvtde`a Summer_Cartap or ummeraAet pity Progr�myw,,wh serves chftdrertiwha? re�N©T pa tfctpattric�orertr811ed in ariyyeaFP Xf'ogra►irs' or suriimer VPi programs D whp are;{1) chtl[i>en of, ouv mcohre f5mf tes-m general``popu`latton through age r17� artd/orx{�}�,ehilrJ�ren��+ivrth special needs;through; age 2;2 who �re i pnal• placia ent.which ends;with t�ie;,completion of the sCtS,bol year ,' As a Summer Challenge Program 2007, the program shall focus on prevention and early intervention services that target children by developmental stages to improve school success, social adjustment, readiness for social transition or readiness for self- sufficiency while addressing specific outcomes. The PROVIDER shall present youth with opportunities for a recreational camp experience enhanced by academic and fitness skill building activities, and is expected to serve a diverse group of students representing a wide range of geographic and experiential backgrounds. The program shall provide a balance between the academics, fitness activities, and social activities. The program shall have engaging, challenging, and interesting reading and mathematics components while giving children a chance to learn from ore another. 1. Program Type The City of Dania Beach shall provide a Summer Day Camp program consisting of daily activities for children who are transported to the site each morning and who return to their homes at the end of each day. 2. Program Intent/Design The Positive Outlooks With Educational Rewards (P.O.W.E.R.) Summer Camp Program shall provide a safe, fun and educational summer program to children. Children shall receive one hour of daily reading instruction, by a certified teacher, to reinforce literacy and improve fluency; mathematics instruction shall be delivered for thirty minutes daily, by a certified teacher, using the Moving With Math curriculum. In addition to the required program components, the following activities shall be included: social skills education, once weekly; cultural arts activities, biweekly; supervised computer instruction, four times weekly; and cooking instruction and nutritional education once weekly. City of Dania Beach 16 RO.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 The summer program shall also provide a three session Junior Achievement component; this curriculum uses hands-on experiences to help young people understand the economics of life. Children, ages 5 to 12, shall be introduced to the concept and advantages of free enterprise; learn the characteristics of a quality business; learn the importance of ethics, teamwork and decision making; and the importance of community involvement. As an extension of the Junior Achievement curriculum, children will created and run a model city. This activity takes a constructivist approach by encouraging students to act on their physical and social environments. Program activities shall promote the theme of "Unity in our Community" focusing on cultural appreciation and community pride. Each week the program shall focus on a different culture with the goal of promoting awareness and understanding of the various cultures represented in our community. Children shall learn about these cultures through field trips, cultural arts presentations and activities, music, and cooking activities. Service-learning projects and presentations by guest speakers from within the Dania community are also planned. 3. Target Population: The PROVIDER shall serve children ages five (5) to twelve (12) who are primarily from the General Population; however, services to the Special Needs Population shall also be provided through the use of inclusion strategies. The General Population Children are children who participate in general education programs and do not require special assistance during the school year, but are considered at-risk due to economic disadvantage. The Special Needs Population are children with special needs who have a physical, sensory or learning disability or difficulties in areas such as communication, attention or behavior such as, mental retardation, hearing impairments, including deafness; speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, need special education and related services. These may include children with special needs who have documented evidence of an inability to participate in general education programs, but may or may not have been identified by the School Board of Broward County. PROVIDERS serving special needs populations shall be knowledgeable of the special needs associated with the range of disabilities they may encounter during the summer program, how each of these disabilities can affect learning and behavior, and what instructional practices and accommodations have proven effective. In accordance with State and Federal laws, the PROVIDER shall ensure special needs children are afforded the same opportunities as the general population. Programs shall embrace and implement programming which ensures inclusion. "Inclusion is defined as the process and practice of educating students with disabilities in the general education classrooms of their neighborhood school, with the supports and accommodations needed by that student." The PROVIDER shall extend the concept of "inclusion" by providing services to children with disabilities during the course of administering summer programs to the general population - to the extent that services can be provided in a safe environment, and incorporating as many of the critical factors for successful inclusion as possible, as City of Dania Beach 17 P.O.W.E.R. Program Summer Challenge 2007 Contract 4:07-2825 delineated in the Request for Proposal. 4. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: g Daily Reading - Minimum of one (1) hour per day of reading 175 activities delivered by a certified teacher that are creative, fun, and designed to foster a love of learning. The activities shall incorporate at least one (1) method from Group A (i.e. reading aloud, creating plays or skits from favorite books, or assigning reading buddies), and one (1) method from Group B (i.e. keeping journals, starting a newsletter or newspaper, or writing stories.) Moving with Math - Minimum of one half (1/2) hour per day of 175 mathematics activities delivered by a certified teacher that are creative, fun, and designed to maintain and increase math skills delivered in a non-threatening, positive and encouraging manner. Physical Fitness - Minimum of one (1) hour per day of 175 structured physical fitness activities, using the SPARK curriculum. The fitness component shall reflect a variety of activities and encourage active participation regardless of the particular skill level of the children, in a fun, engaging way that promotes teamwork and cooperative play Cultural Arts Education- Cultural arts activities shall provide 175 children with opportunities and experiences, such as participation in drama or dance classes, painting, cultural music activities and story telling. Drowning Prevention / Water Safety - Children shall 175 participate in one (1) hour of weekly swimming lessons provided by Swim Central. Nutrition - Program shall include activities that provide 175 opportunities for children to learn about nutrition and making positive nutritional decision making. Children shall be provided healthy snacks daily. The Daily Schedule of Activities shall, in general, be as indicated in Exhibit B. City of Dania Beach j$ P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 Service Locations: The PROVIDER shall provide summer program services at the following locations: Collins Elementary School 1050 NW 2nd Street Dania Beach, FL 33004 P.J. Meli Park 2901 SW 52nd Street Dania, FL 33312 PROVIDER shall provide the COUNCIL a copy of the agreement for the use of space from the site location owner to the PROVIDER authorizing use of the site for the program. PROVIDER shall notify the COUNCIL in writing of site changes within three (3) days. Site changes are subject to COUNCIL approval. Dates/Days/Hours of Operation: The PROVIDER shall operate the summer program from June 4, 2007, until August 17, 2007, Monday through Friday, in accordance with the adopted School Board of Broward County school calendar. Daily hours of operation shall be from 7:45 a.m. through 6:00 p.m. IL Staff Qualifications Staff positions, qualifications and duties shall be as described in the following chart and personnel files will be reviewed for compliance: r r , 1 Parks and "M�asterr'sMinimum of Oversee After School 5% Recreation Degree 10 years Programs, Inc. to In-Kind Director experience ensure all aspects of Match in the field grant requirements are of being met Recreation 1 Computer Bachelor's Minimum of Maintenance and 10% Technician Degree 2 years upgrades of In-Kind experience computers, printers, Match in programming, and the Information internet Technology City of Dania Beach 19 P.O.W.ER. Program Summer Challenge 2007 Contract#:07-2825 )NY. 1 After School Master's Minimum of Organize, plan, and 10% Programs, Degree 15 years supervise the Inc. experience educational and Director of in the Public recreational programs Education School which includes site System visitation and staff meetings 1 After School Bachelor's Minimum of Administration, record 50% Programs, Inc. Degree 1 year keeping, data Grants 40 hour ASP experience collection coordinator Administrator child care as a Grants and organizer of training plus Administrat performance data and ASP or invoicing Management equivalent. training 2 After School Bachelor's Minimum of Plans and prepares 100% Programs, Inc. Degree or 1 year schedules, daily Site Director CDA or AA experience activities and Degree or 60 in childcare. supervises children college and staff at all times credits with 6 both on site and during credits in field trips. early childhood education ASP Management Training; HRS 40 hours; ASP 40 hour child care training including CPR 12 After School H.S. diploma; Minimum 6 Interact with and 100% Programs, Inc. ASP months supervises children in Counselor orientation previous all daily activities and training/ childcare including arts, sports, 40 hour child experience. swimming and field care training Bilingual is trips. course a plus. . /CPR/FIRST AID City of Dania Beach 20 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 t F1 :��✓ ( Ftit'Jy 7 After School Bachelor's Minimum of Instruct children in 100% Programs, Inc. Degree 1 year or required reading, math Teacher Teacher's more components. Certification teaching Providing computer experience instruction (if computers are available). III. General Operating Information 1. A minimum of 175 children shall be served during the period of June 4, 2007, until August 17, 2007. 2. Student: Teacher Ratios The minimum direct service staff to student ratio shall be 1:15 for general population students in kindergarten through high school and 1:10 for students in pre-kindergarten. Students with special needs may require lower staff to student ratios depending on the individual. These ratios allow for the development of close bonds between the youth and an adult. The PROVIDER shall ensure that the staff member (s) responsible for delivering the math and reading components are professional certified teachers with current, temporary, or past certification. The minimum instructional ratio for certified teachers in an instructional environment shall be one teacher to thirty students (1:30), with additional staff present to maintain the required direct service child to staff ratio outlined in the paragraph above. 3. Background Screening/Licensing All staff working in the program must comply with Level 2 background screening and fingerprinting requirements, in accordance with Florida Statutes Chapter 435 and Broward County background screening requirements, as applicable. The program must maintain staff personnel files which reflect that a screening result was received and reviewed to determine employment eligibility. See Florida Statutes Chapter 435 for additional Background Screening information. The program must use the Broward County Child Care Licensing and Enforcement's (CCLE) Background Screening Department to complete the screening process. As a result of the "Jessica Lunsford Act" (Florida Statue 1012.465) the background screening and fingerprinting requirements for School Board programs have changed. All related information is available online at the School Board of Broward County website http://www.leg.state.f1.us. Providers employing current School Board employees in possession of a valid School Board ID Badge and updated Level 2 Screening must complete a Verification Form. City of Dania Beach 21 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 Non-School Board employees are required to obtain a Level 2 Screening and a School Board ID badge before access to school campuses is granted. IV. Units of Service 1. The Unit of Service is defined as follows: • One full day of summer camp, minimum of 5 hours per child, per day. Attendance must be timed in and out by child in writing each day. 2. The maximum number of units to be provided under this contract is as follows: June 4, 2007, through August 17, 2007: 8034.7935 units (maximum of 54 days excluding July 4 holiday X 175 of children X 85%) of Full-Day Camp services (invoice type #9200GP Full Day) at $19.86 not to exceed $ 159,571.00. Total for all services combined not to exceed: $159,571.00. Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. Note: This is one-time funding without the option of renewal. V. Method of Payment 1. Start-Up Costs: Start-up costs (unit # 8090 Start Up) shall be on a cost reimbursement basis. The COUNCIL will pay the PROVIDER for allowable costs incurred in accordance with the approved start-up budget and budget narrative, hereby incorporated by reference. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: $17,549.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this contract for units of services shall not exceed $159,571.00. 3. Value Added Expenditures: Value added (unit # 8020 Value Added) expenditures shall be on a cost reimbursement basis. The COUNCIL will pay the PROVIDER for allowable value added expenditures in accordance with the approved value added budget and value added budget narrative, hereby incorporated by reference. Only value added expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. Allowable expenditures include activities and experiences such as cultural arts and enrichment activities, field trip expenses (i.e. college tour, recreational field trip, and cultural arts field trip). The maximum amount of Value Added expenditures to be paid shall not exceed: $18,250.00. City of Dania Beach 22 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 4. School Costs: All costs and fees related to the use of School Board of Broward County public school sites shall be paid through an alternative cost reimbursement mechanism outside the scope of this contract. Allowable school space expenditures include the cost of square footage usage and janitorial, maintenance and utility costs. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. 5. All payments shall be requested by the PROVIDER in the format prescribed by the COUNCIL. COUNCIL payment will be on a bi-weekly or monthly basis, derived from PROVIDER invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with COUNCIL requirements for the reporting of client and service data information. No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The PROVIDER is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with a Prime Vendor/Lead Agency which subcontracts delivery of services to other PROVIDERS, the Prime Vendorii Agency shall be responsible for compiling the data necessary to submit a consolidated monthly invoice and all required data information reports. These funds shall not be used to supplant any other sources of funding including Medicaid, private insurance, and/or client fees. 6. Match: The PROVIDER agrees to match the dollar amount awarded by the COUNCIL to the PROVIDER in an amount equal to a minimum of 8% of the total approved contract amount or the higher amount so specified in the Proposal. The match may be provided in the form of cash or in-kind contributions, in accordance with the approved budget, hereby incorporated by reference. In-kind contributions may only include a portion of staff salaries, volunteers, equipment, space and other in-kind contributions as agreed to in writing by the Contract Administrator. The PROVIDER shall provide proof of the match on or before the due date of the invoice(s). To the extent that the PROVIDER fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the COUNCIL to the PROVIDER under this contract or any other contracts between the parties. The total amount of Match to be applied to this contract shall be a minimum of $22,480.00 in accordance with the approved line item budget, hereby incorporated by reference. 7. Sliding Scale Fee: The program shall maintain a sliding scale fee as identified in the proposal, herein incorporated by reference. 8. Statistical Demographic Report: The PROVIDER agrees to maintain complete and accurate data and support data quality assurance mechanisms. Failure to implement these measures may impact future funding. Remainder of page intentionally left blank. City of Dania Beach 23 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 VI. Performance Measures MANDATORY OUTCOMES FOR CHILDREN IN THE GENERAL POPULATION PROVIDER shall adhere to the following five (5) required performance-based outcome measures: Mo T F11 " Structured activities in a 100% of children -Staff trained in Outcome to be measured the last week of safe environment will remain safe emergency the program by reviewing Injury/incident supervised by caring and not response. Reports. adults. experience a -Practice safety serious injury skills (requiring -No emergency emergency room room visits attention), abuse -No or arrest report abuse/neglect while in care, reports during the -No police reports contract period. One (1)hour of Children will Percentage of Children in the General Population ages 6 interactive daily reading improve basic children will and older shall be assessed using the activity that includes at reading skills. improve basic "Word Recognition Outcome"tool provided least one technique reading skills. by the Council. Pre-test shall be administered during the first week of the from each group: Council Goal: Change in word program and post-testing shall begin two Group A 75% recognition. weeks prior to the end of the program. • Read aloud • Read with buddies Verification of on- "All children ages 0-5 shall be assessed Group B site reading using the "Read ing/Literacy Skills"(2 and • Create plays/skits materials that are under) or"Emergent Literacy Skills" (3 and • Keep journals engaging and older) assessment provided by the • Write stories age appropriate. Council. 30 minutes of daily Children will Percentage of Children in the General Population ages 6 math enrichment using improve basic children will and older shall be assessed using the the "Moving with Math" math skills. improve basic "Moving with Math" grade level test as a curriculum. math skills. measurement tool. Council Goal: Pre-test shall be administered during the 75% first week of the program and post-testing shall begin two weeks prior to the end of the program. **This outcome measure is not applicable for children ages 0-5. City of Dania Beach 24 P.O.W.E.R. Program Summer Challenge 2007 Contract h:07-2825 Ski icesiAYStti18� ,fJut%anesn' Inc�Icataisype"vft �tian ' ..b* One (1) hour of daily Children will Percentage of Children in the General Population ages 6 recreation, sports and improve attitudes children will and older shall be assessed using the fitness activities using towards fitness improve attitudes "What I Think About Physical Fitness the SPARK or other activities. toward physical Activities" tool provided by the Council. well-defined curriculum fitness by Pre-test shall be administered during the engaging in daily first week of the program and post-testing physical fitness. shall begin two weeks prior to the end of the program. Council Goal: 75% "All children ages 0-5 shall be assessed using the developmentally appropriate "Physical Fitness Assessment-Special Needs" tool provided by the Council. Children will participate Children will Percentage of Children in the General Population ages 6 in activities to improve improve nutrition children will and older shall be assessed using the nutrition knowledge knowledge. improve their "Nutrition Assessment" tool provided by based on the updated nutrition the Council. Pre-test shall be food pyramid for Council Goal: knowledge. administered during the first week of the children 75% program and post-testing shall begin two (www.mypyramid.org). Well-balanced weeks prior to the end of the program. meals and snacks that are "This outcome measure is not applicable provided daily are for children ages 0-5. incorporated into nutrition lessons. Remainder of page intentionally left blank. City of Dania Beach 25 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 MANDATORY OUTCOMES FOR CHILDREN WITH SPECIAL NEEDS PROVIDER shall adhere to the following five (5) required performance-based outcome measures: VA11166 T rasIA 6K, W "Nrf A� Structured activities in a 100% of children will -Practice safety Outcome to be measured the last safe environment not experience a skills week of the program by reviewing supervised by trained serious injury -No emergency Injury/Incident Reports. and caring adults. (requiring emergency room visits room attention), -No abuse/neglect abuse or arrest report reports while in care, during -No police reports the contract period. Children shall receive Children will benefit Percentage of Children with Special Needs ages 6 daily exposure to from exposure to children will and older shall be assessed using reading, either silent or reading and enhance maintain or the Adaptive Behavior Scale-School aloud by self or a language improve their Second Edition (ABS-S: 2) Part 1, caregiver each day to development and language Domain IV (Language Development. maintain or improve communication skills. development skills. Pre-test shall be administered during language development. the first week of the program and Council Goal: 75% post-testing shall begin two weeks prior to the end of the program. **All children ages 0-5 shall be assessed using the "Read ing/Literacy Skills" (2 and under) or"Emergent Literacy Skills" (3 and older) assessment provided by the Council. Children will maintain or Children will maintain Percentage of Children with Special Needs ages 6 improve social and or improve social and children will and older shall be assessed using adaptive behavioral adaptive behavioral maintain or the Adaptive Behavior Scale-School functioning or daily living functioning or daily improve social and Second Edition (ABS-Si 2) Part 1, skills, e.g. toilet training living skills, e.g. toilet adaptive Domain I (Independent Functioning). skills, feeding skills, training skills, feeding behavioral Pre-test shall be administered during dressing skills, personal skills, dressing skills, functioning or daily the first week of the program and hygiene skills, decision personal hygiene living skills post-testing shall begin two weeks making skills, etc. skills, decision prior to the end of the program. making skills, etc. **Children with Special Needs ages Council Goal: 75% 0-5 shall be assessed using the "Self Help Measurement" tool provided by the Council. City of Dania Beach 26 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 Setvices!/I tfvities N- Outcomes Indicators JypeofEvaluation' Childrenlyouth will Children will maintain Percentage of Children with Special Needs ages 6 participate in or improve physical children will and older shall be assessed using developmentally functioning maintain or the Adaptive Behavior Scale-School appropriate fitness improve gross Second Edition (ABS-S: 2) Part 1, activities one (1) hour and/or fine motor Domain II (Physical Development). per day using fun indoor skills. Pre-test shall be administered during and outdoor sport Council Goal: 75% the first week of the program and activities designed to post-testing shall begin two weeks improve their fine and prior to the end of the program. gross motor skills. • Specific fitness "All children ages 0-5 shall be activities may vary assessed using the "Physical depending on the Fitness Assessment-Special Needs" special health needs tool provided by the Council. of the children. Children will participate Children will maintain Percentage of Children with Special Needs ages 6 in activities to improve or improve nutrition children will and older shall be assessed using nutrition knowledge knowledge. maintain or the developmentally appropriate based on the updated improve their 'Nutrition Assessment -Special food pyramid for nutrition Needs" tool to be provided by the children knowledge. Council. Pre-test shall be (www.mypyramid.org) Council Goal: 75% administered during the first week of Well balanced the program and post-testing shall meals and snacks begin two weeks prior to the end of that are provided the program. daily are incorporated into "This outcome measure is not nutrition lessons. applicable for children ages 0-5. PROVIDER shall ensure pre and post-testing is administered at the appropriate times using the approved tools, as described above. Failure to conduct pre and post-testing and/or provide subsequent outcome data reports may result in a moratorium on COUNCIL funding for a period of 12 months. PROVIDER shall report individual outcome measurement results in the SAMIS Measurable Objectives Module to the COUNCIL. As applicable, PROVIDER shall also report in narrative form any factors that effected outcome achievement or measurement during the quarter. Narrative reports shall include the total number of unduplicated children: • served by the program • terminated from the program • currently active in the program In addition, after the program has been monitored, the PROVIDER shall complete and return the Monitor Evaluation forms. City of Dania Beach 27 P.O.W.E.R. Program Summer Challenge 2007 Contract# 07-2825 EXHIBIT B SAMPLE PROGRAM SCHEDULE Monday ,"Tuesday Wednesday Thursday r�day 7:30am — Breakfast/Free BreakfasUFre Breakfast/Free Breakfast/Fr Breakfast/Fr 8:00am Choice" a Choice` Choice" ee Choice ee Choice 8:00 —9:00 Reading Reading Reading Reading P.A.R.T. Y. Da Instruction with Instruction Instruction Instruction (Pick Teacher with Teacher with Teacher with Teacher Anything & Read to Yourself) 9:00 —10:00 Moving with Mat Moving with Moving with Moving with Magical Math Math Math Math 10:00-10:30 Computers/Tut Computers/Tu Computers/Tut Computers/T Unity in the oring with toring with oring utoring with Community Teacher Teacher With Teacher Teacher Books 10:30-11:30 S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. Physical Physical Physical Physical Physical Fitness Fitness Fitness Fitness Fitness Activities Activities Activities Activities 1:30am- Lunch Lunch Lunch Lunch Lunch 2:00 m 12:15— Chill Zone Chill Zone Chill Zone Chill Zone Prepare for 1:00 trip 1:00-2:00 Introduction to Swim Central Unity In the Swim Central Field Weekly Cultural Community Trip/Cultural Theme Theme Arts Activity Service Learning 2:00 —300 Cooking/ Junior Science Social Skills Field Nutrition Achievement Activities Trip/Cultural Arts Activity 3:00 —4:00 Art Music Brain Games Drama Chill Zone 4:00-415 Snack Snack Snack Snack Snack 4:15-5:00 Dance S orts Club Sorts Club Sorts Club Sorts Club 5:00-6:00 Free Choice/ Free Choicel Free Choice/ Free Choice/ Free Choice/ De arture De arture De arture Departure Departure Free Choice Activities include art, board games, puzzles, blocks, dramatic play & a variety of educational materials ➢ Reading Activities include Read Alouds,journal writing and P.A.R.T.Y. Fridays Physical Activities include sports, games, dance selected from the S.P.A.R.K. curriculum > The Chill Zone = Quiet time activities, e.g., chat & relax, movies, music, puzzles, free choice, reading materials (magazines) Days of Field Trips, Special Activities and Swim Central may vary by site. City of Dania Beach 28 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 CITY OF DANIA BEACH Agenda Item # /. Agenda Request Item Imsy Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ;t�Tlte!d btt ar Matroi y; Increase Homested Exemption for low income seniors from $25,000 to$50,000 �� '. e® nv..i. .g .__„gym.,, As permitted by Florida law Increase seniors' homestead exemption ice, 'cue ht t : E n „i Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ stormwater: ❑ Grants: ❑ Capital: ❑ y:... .. .. .r..m R. .. The 2007 Legislature enacted Chapter 2007-4 Laws of Flroida, effective April 9, 2007 and retroactive to Janaury 1, 2007 (Per HB 333)which provides that cities can increase the homestead exemption for low icome seniors from a maximum of $25,000 to a maximum of$50,000. The impact of the additional $25,000 homestead for seniors based on the 2006 certified tax roll and millage rate is $51,694. Should the City decide to make such change, an ordinance must be adopted under Florida Statues 106.075 and delivered to the Property Appraiser's Office by June 1, 2007. Fhxsl irnip'[c' ost Summary $51,694 based on 2006 certified tax roll and FY 2007 millage rate Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Patricia Varney Date 05/01/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/01/07 City Attorney Thomas J. Ansbro Date 05/01/07 Cdv Manager Ivan Pato Date 05/01/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TAXATION" BY REVISING SECTION 23-111 TO PROVIDE FOR HOMESTEAD EXEMPTION OF UP TO $50,000.00 FOR ANY PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE AND MEETS OTHER SPECIFIED ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 23-111, which section is entitled "Additional Homestead Exemption", of Chapter 23 ( entitled "Taxation") of Article XI, which article is entitled "Homestead Exemption," of the Code of Ordinances, is amended to read as follows: CHAPTER 23: TAXATION ARTICLE XI: "HOMESTEAD EXEMPTION" • • (c) AMOUNT OF ADDITIONAL HOMESTEAD EXEMPTION: Any person who meets the requirements set forth in (d) below shall be eligible for an additional homestead exemption in the amount of $502§,000.00. Such additional homestead exemption shall not exceed $502-5,000.00 in accordance with Section 196.075 Florida Statutes. Section 2. That if any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, its invalidity shall not affect the validity of any remaining portions of this ordinance. Section 3. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 4. 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: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE 42007-010 s CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Database Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 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 PLAY,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. mmillatuffamm 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' (SECOND READING) Ordinance Staff Report Application PLAT 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: 7 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 5T'j 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 ALAP' 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 3`d Avenue and NE 51h 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 April 24, 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: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-009 EXHIBIT "A" "Dania Jai Alai Plat" LEGAL DESCRIPTION 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 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 corner of said CAYDEN'S CORNER; THENCE North 01'45'47" West on the West line of said CYADEN'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 60°28'34" 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 corner 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 corner of said parcel of land; 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 2"d Street as described in Deed Book 808, Page 51 of the public Records of Broward County, Florida; 3 ORDINANCE#2007-009 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 corner 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 88'41'36" 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 01'30'00" 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°26'19"and an arc distance of 18.52 feet to a point of non tangency; THENCE North 01'45'47" West, a distance of 63.06 feet to a point on the North right-of-way line of Northeast 2"d Street as described in Official Records Book 3757, Page 285 of the Public Records of Broward County, Florida; 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. 4 ORDINANCE#2007-009 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 8, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director 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" (SECOND READING) On November 14, 2006 the City Commission approved a development agreement with Aragon LLC (Jai Alai) regarding development of the Boyd Casino Complex. The agreement includes a Master Plan calling for the demolition of the existing Jai Alai Fronton upon substantial completion of the new casino. The Master Plan includes a four story parking garage and surface parking lot on the south portion of the tomato field. The Master Plan also shows relocated NE 2nd Street (between Fronton Boulevard and the Church) north of the proposed casino parking garage and surface parking area. Relocated NE 2nd Street will provide continuous access from US 1 to Gulfstream Road. Once the project is completed, public casino access will be limited to Dania Beach and Fronton Boulevards. The applicant has submitted a request for "perimeter plat approval". A perimeter plat identifies property boundaries and allows for the collection of impact fees. Plat approval does not change the zoning designation of the property. The plat includes the following areas: 1) Existing Jai Alai Fronton Site (The Boyd Complex will be substantially completed before the existing Fronton is demolished). 2) The south portion of the Tomato Field (Approximately 9.6 acres for 4 story parking garage and surface parking lot). 3) That portion of the Tomato Field (Approximately 10.8 acres) located north and west of relocated NE 2nd Street. This property is zoned single family residential (RS-8000) and is not included in the Master Plan. 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 RECOMMEDATION The plat is consistent with the Master Development Plan approved by the City Commission. PLANNING AND ZONING BOARD RECOMMENDATION On April 18, 2007 the Planning and Zoning Board failed to make a recommendation approving or denying the plat request. Motion to approve the plat tied at 2:2. No motion was made to deny the plat. CITY OF DANIA BEACH E COMMUNITY DEVELOPMENT DEPARTMENT ---- - ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETUR(�WITH COMMENTS'IF Route Date yyji20 PZ Log P41 E 07 Project DanlaJadl ---------- al _-- —� Revised PLAT i Folio i50423400—ps 760 OS 0 OSBO Is04234160010,0020� PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND D IN TH BOARD AND CITY COMMISSION,THANK YOU. Route As: Mall Cl Pick Up In-house❑ Fire Marshal ❑ Landscape❑ Public Services 8SO❑ Planner❑ Other Consultants ❑OGA Approved as submitted �� —Denied (] --- -- --- Comments must address prior i�to PZ/Commission hearing Approved w/conditlonsN List Conditions UPDATi y Su�eVCY.— ---- ---- ? 2 Date Print Name x CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT F ROUTING SHEET PLEASH REVIEW SITE PLAN'AND RETURN MhTH COMMENTS IF ANY j Route Dab 3I21/20071 PZ Log PL40-07 Protect Dania Jai AlaI LA Folio 50423400050570,0550 i Revised PLAT 5Q 504234160010,0020 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 Via: Mad Cl Pick Up In-house❑ Fin Marshal 2 Landscape ❑ BSO❑ Public Services ❑ Planner❑ Other Approved as submitted Denied 7 Comments must address prior ❑ Approved w/conditlona '40 to PZ/Commission hearing i~j::lifllr7'� List Conditions I 4S, ature cat` �_ IUYOv.J►'� Print Name c m § ( u CIO > § § ■ \ 3 \ J o a ca ` �§ $ ® >J2 \U. jGG j3 )! j f\7 LU ) \ f §§§ _ » g ] ' \ \ f\ ff ; : . ) ) > . §§ ] f 0 u :[101E w PPI s w *,«IUIA w m GumterYoakle Writer's Direct Dial Number:(954)ns to-1391 Y Writer's E•Mail Address:hdavis(a�gunsttt.eom ATTORNEYS AT LAW April 12,2007 VIA ELECTRONIC MAIL AND FACSIMILE Laurence Leeds,AICP Director of Growth Management City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach,FL 33004 Re: Dania Jai Alai Plat Aaniication—Revised Plat Note Dear Larry: The Aragon Group, Inc. (the"A lican') 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 a-mail) Scott Reale(via a-mail) FTL 322191.1 8u ste(Ycak ey 3 s Iewart,PA. Awward Franaal Certre•5GO fast 6raward Baalevard.Swte 1,100•Fat Laadanlalv.FL 33534-3076.19541 162,2CGO•Pad0541 5 23-1 7 22•M`M' nst COm FGAr LAUGEBdALE - MIAMI • PAIM BEACH • STUART • 'ERO BEACH • VEST PALM BEACH Least impact on the center of our neignhnrnooa Page 1 of 4 Leeds, Larry From: Patty[pbubbahar @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: comish722Cdtbellsouth.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 Part-mutual Wagering page 290 under 550.155& the regional Impact as defined in S 380.00. (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 cant 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 2"d 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 neighhnrhood rage z ui w 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 city planner 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 Pt 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 AIA. The above is from the North East Dania Beach Property Owners Association information gathered from the neighbors to present to the City Commissioners. NE Sth avenue to be discussed further. This was done & now gone.. Only If we don't have a chance to keep NE 2"d Street &c give up Fronton Blvd. &c easement for NE SthAvenue 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 from NE 3rd Avenue & the next curve for N,E S 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 Ind 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 field 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. Afaintance 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 0ur neighborhood rage Y ui � 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 A have a parking lot& Casino in the middle of our neighborhood We are impacted by the airport as they expand d now a Casino. Please talk and not be argumentative, relay our concerns and have on record do please have the city attorney provide an explanation of S. 380.06 in the Pari- mutuel wageringCh 550.155. Thank you, Patty Hart 4/13/2007 i City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3845 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ® plat O Plat Delegation Request � C91"J��i l� � tJ ❑ Rezoning ly u Date Recd. ❑ Site Plan ❑ Special Exception MAR 2 12007 Petition No.: ❑ Special Request ❑ Trafflcway Waiver Planning O Variance e 9 ❑ Vacation Request L Department ❑ Other. 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 Gty'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: _N/A Folio Number(s): _ 5n4,)_741 F_nn 10 _ Legal Descriptlon: _&r Attinhed _5047-1416_00M 5n42.14n0_n560 sn4? Linn n;7n snt? 14nn nsen ppiicant Consultant/Legal Representative (circle one).Scott Reale Address of Applicant: _Calvin, Giordano & Associates, 1800 Eller Dr.,Suite#600, Ft. Lauderdale, FL 33316 Business Telephone:954-92 1-7781 Home: Fax: 954-921-3307 Name of Property Owner: _TheThe Aragon Inc Address of Property Owner: _301 E. Dania n a h t3lvi Dania Rcach Fir 33004 Business Telephone: Home: Fax: Explanation of Request: _ Plat Approval Prop. Net Acreage: 48.36 _ Gross Acreage:_in 46 _ Prop. Square Footage: Existing Use: _ gamin; facility/vacant Proposed Use: gamin; facility/residential/park Is property owned individually, by a corporation, or a joint venture? _Corporation i I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005.040. CA M _Scott Reale _ 3/8/07 piican Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applkan Consultant/ltepresentative: ThIS TM day of (arch 20Q� Signature: �[Ah Ilff ++aL Date: Ct7 Sign Name of Notary Public (Print Name) State of(Viammft ) CGa�c(wn• ; �cSSdcie.tiCS el Sktee� ITdO tillee Gd0f Print Name of Notary Street Address,City,State and Zip Code %T O GM STACEV 5y • 9 t ( - 17-Y If Co I p p � Telephone No.&Fax No. Se j cwm+Ir Eon Mor E xne cMMnrrm I to 5211177 q=M aritdMlltMier AM 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 (ApplicangCwsultant/Representadve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal, Telephone No. g Fax No. CORPORATION NOTARIZED SIGNATURE: This is to cartify that Lie below referenced corporation Is Lie owner of subject lands described above and that 1, as a duly authorized of a, have authorized (Applicanticonsukant/Reprewntative) Gunscer, Roakley S Stewart ?.A. to make and rlle the aforesaid application. Sworn to and subscribed before me Corporation Name: l& !?AQt N Tbe Aragon Grouo, Inc. This_day of 20 Signature: .%;t, ,;. NOTARY PUBUC Cara d Cat•Sgn d Nestle Date:_ .?1i-7,Ip 7 ' E GAE JOYCE Na W .t Brian A. Larson AP .EtP E9 IL to W (Print Name) Sign Name Senior Vice President- and Secretary State of(r A�a D,q )N Public (Print Title) E GAS MYCE 301 East Dania Beach Blvd Dania Beach FL 33004 Print Name of Notary Street Address,City, State and Zip Code Commission Expires: s�-i9' D7 T 954-927-2841 A 95 9 7 O1C9 Seal: 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 lands described above and that all partners have authorized (Applicant/Co tanf/Representative) to make and fie tr aforesaid application. Swom to and sub7>bem This_day oignatura: at . Print Name)"• Sign Name of NotState of n u_,. . --- --- ---- Scott Reale From: Susanna Dohn sent: Tuesday,March 20,2007 4:14 PM MAP Z i Zpp1 To: Scott Reale subject: RE: Jai-Alal breakdown These are correct 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 Jal-Alai PLAT: Parcel A= 36.367 Parcel 8= 10.8286 Parcel C = 1.1594 R/W#1 = 1.8551 R/W#2 = 0.2515 TOTAL a 50.4616 NE 2"d 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 %.), of the Northeast one- quarter(NE 'h),of the Southeast one-quarter(SE %4) and of the East one-half(E%,)of the Southwest one-quarter(SW '/4), of the Northeast one-quarter(NE '/4), of the Southeast one- quarter(SE 'h)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 51h 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 01 045'47" 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 12t 026'02",an arc distance of 74.18 feet to a point of non tangency; [HENCE North 01°45'47" West continuing on said West line of a parcel of land described in Warrant Deed recorded in Official Record B 9909, - „ Y s Book P.r e 23 a distance of 7.78 feet to the Northwest corner of said parcel of land; THENCE North 88'59'11" East on the North line of said parcel of laud 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; C. _V I c,GIORDA\O 4.\S�OCIVFS.INC F,a 1_�,.kd�!e.FL 1111e Hc.,.J N.v.h rl._a17 + " "-� u:Giem en 5J01 O, .,0::ahlaI,\Iv U YLCRVFI"L:y�l O, crnV,C.0 V4�lviy.� SHEET I OF 5 SHEETS l i THENCE South 01032'28"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 88041'36" 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 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 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 are of said curve, having a radius of 25.00 feet, through a central angle of 42'26'19" and an arc distance of 18.52 feet to a point a point of non tangency; THENCE North 01045'47" Nest, 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, Puge 285 of the Public Records of Broward County, Florida; Fr,puN b, CAI.VIV.GiOXn.\W A n Otl.\iES•)SC ,,A i a..r,,... ��.o F.et t� &d..".P1.11, 4 N",. v'.M.I.::CO XmnaJ Y,.c:NO :u•n Xcvn<J\LM r XZwd Itu.A:LL: •7, P n-,n,-.b1..air.Pi.,•sLavcrL.,mMu, N...J. ,:•>sn,J,.. SHEET 2OF 5 SHEETS THENCE South 88041-36" 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. PmpuN by C.LLVIN,C I ORO,%NO&A 1YXLV J.I\C I+,:d LOW A.".S.",,') \11Illd :L16 Po aN M.u<A IV,yXH P Pro),<"a000 C65301 ono uc.,<h Ju,VU Wn ILX�I Y I oIrk,,,�ul,<�.\rw ylj pund.uv 1 SHEET 3 OF 5 SHEETS 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. Inform on shownAheareonotepresent a Boundary Survey. CALVIN,G RDANO& N .Signed• DATE:Grego .Clements Professional Surveyor and Mapper Florida Registration Number 4479 :i[-iEtiS ------------------ SKETCH OF LEGAL DESCRIPTION - - - - - - - - - DANIA JAI ALAI PLAT ®N 1 R aaNahx.au 1 I 2 N8 '4 1'36'6 0.ateLa J]tL (- - - - 1— I1I tw ll Mw r� . ,. wL I 33a�S.Le Ma aJ,yn t Ltl T,h.o N 2 au rw1135.13, nL 7N a•a J]ta h. RlG =7 aL MtlG► .. 8012o'48'e Detail °w;aI w° S.00' 'EL N880416 9733t —j j LOLI I— —— — —— — — — J — IlI LI �II t I'm M au s� tl - - - - - - - - - - - -- o ,�.� -1 r - - - r y0 -231 �^ 1 � I a < .ry0,41 y 58d46' N 41V6'E I d ZyI l u �ftAM t � ....,.,,... dalwvr - - - --J e L - -- g1` g J,aa w ra Ya aaA — — —i4 FF — 30— b g 33 � as I I BOAS I 1 I - - - -Z - - - - - - - - - - J - - i � ,...a.. It<Ica I n - - - - - - - - -- - - - - r Of li � r - - - r Qs S68'4136"W 41,67' i � I I 0 I �i t m vor, a�ws w CA=894824' i NBd'a1 J6'E 1980T L=39.19 a — — Vem� • ranry.141 ai♦r, ra•9.r�.A N.E. Ind SL OL,oa ••��•�j 1 ..,,.aew -r_ vo 1.454T 6 j 55 00' �.8 3 ;,.. j I Ja ��� n° at ac. SeeOe�dJ o I � o. PAQ .7 Sw1h.43! CVnN alockS ' Id;+ >r. ua•.•n.,cL < HARBOR*AMENDED t101E PLATAWNS NO. 1' P°5{vP"y905 f 'Z n.•iwl;i�ia�:',�J'' o P.B. 11• Pg. c!. B.GR. I r H'Ppq. tZ ° qar w i Motchline L So,2 She et5ofL5 �_!: a en.nw wauJl nU Ia. 47f.°a.ae°l I Broward County, FIOfIda 1 br,lOcat. of Aulnaaull.n tral I II U I 12-6-2CC6 )( SEE LEFT 5 SKETCH OF LEGAL DESCRIPTION DANIA JAI ALAI PLAT .L,Lh•,ICA 1 �_ N88'4136T} (Toth �i tu Motchline 'See Sheet 4 o/ 5id IL 9 IM 1Mfe- IY 1 ^ r.•rnM�M • 1 1 1 •� e b 1 �•f1 • __ —emu �••�..�u.—• .�u�..�u 1rm�}/ R I . I � say • a e\ 12 I i Cq 1HL rl IM L4L L W r.,U/.lLL tr/1.%1/l LL,q%IA t 3 2 WH Mr .%1/l 1�1•-M•q S V.L I% P. ► 1 , � i 4yp ••y 964.56 ' - - - - - - - - - 1 lS.R &. \I ++w/o-.( i a 1 7 1 IIP 5 1'.l] J , (C� �:. e`un 1�oda<.:•,r�ar�a. Ame Grt .�aW r1i -I mans M,92I.»e1 f.\ 9N9el aaol Broward Count Florida j�Yr f t2-6—C6 I SEE LEfT� s l brGae•Ie DI AumHO\4on a+el a o. CFH a 106882850, OR BK 4?`5B Page B24, Page 1 of 4, Recorded 03 —1/2007 at D2:50 PM, Brovard County omission, Doc. D $7700.00 Deputy Cler �IIfI'J�•]j��.jI�II` tJ'5��(��'I�J��� 'VA-01-2DA7 14117 CUSTER YCAKLEY SMMT MORN, ROO 4 P.01104 MAR 1 6 2007 THg o43rxuMINr WAS pRWAM Br. i'l K7 it it I�R]DAmPL M.MACXLO,E$Q. GLINSTER.Yt1AxLKY 4 STBWAET,PA 500 EAST BROWARD BOULIWAaD.SM721400 FOgT LAUDP.RDALIL FLOMMA 33394 Folio No.;023416 0020 SPECIAL WARRANTY DUDTM3 �� AVISPROF DANIA B DMEIMM$�07, / LC a —ram l 2007labMr,. beMeee whose eddtese IS 2MN.OOM Blvd,Na 3�BooS� a FL 33 limited MWM and TE , AARRAACCpp�1� CgOUF, 1NC�, a �� Rat... 33431 ( � ard7Hi 3el t Narita e:�3lud 1)ss 3Boe! "�D'e add" b WITNESSETH THATI Orwmr, fbt and to oomddwdoa of the sgm of Ten and NanOO U,S.Dolbn(dio.mI Isw'U mousy of the Udtsd States of Asnedea,to It le hand pad by the Qrentee,at or before the aneding and delivery of these ptamb, the aeedpt of whirls 4 heathy selmowltdged hasPrIsa a" alenated, rteulsaed wleased, Conveyed and wWI=W and by this g�R bargain. N L a lck re niw.rcl ase,convey and eoniltm tmto the Greotes and In&bAw hein a suer aeon and aselgeen tbreves,that follaWing pened of IM4 slat* IYhi and bang In the Cattrtry of Browad( 1 described as follows: 10WI Stall of Flodc*sad now pads"), SEE ls'M'Td ATTACHED HERETO AND MADE A PART HMOP (the"Lend-. SUWECr.HOWEVER.TO THE FOLLOWING: Rea property taxes and A334— ah for the yew I001 and for sobwqumt yeah Zoning and other re ffWAtory laws and ordinances a&e*the Land Eastmante,resetvatlons,restrictions,rights of way,and other mattm of record set forth in err attached hereto(without thereby re-imposing the same} TOGETHER with all and singular the tmemmtz. hemdltaments end appurtenances themunto belonging or In any way appertaining. TO HAVE AND TO I{OLD the saws in fee simple fomer. AND the Grantor hereby covenaats with said Grantee that it is lawfully seized of the Land hereby conveyed In fee simple; that It has good right and lawfirl authority to sell and convey said Land; that it hereby specially warrants the tide to said Land and will defend the came against the lawful clalus of any pemns claiming by,through or under the said Grantor but against no others. ITE31T AND SIGNATURES FOLLOW) m neat t 1 nR-91-2W? 14117 f3NSTER YOWLEY STEWRT 4 P.02i24 IN WnNVIS WHHRZOF,Or&Uw has caused these presents to be signed in its name by its proper ofseerS,and its corporate sal to be affixed,the day and year first above wriam AMSPROF DANIA REACH MLMaMF, LLC,a Flo"lbaw liability company By: I.avL*HoldlnF Corp,a Flodda oorycr&d q its Msnm& mbar Byt- Print Nam« .-� Zvi Lovin,as Preddesd P Nam c L c STATS OF FLORIDA ) COVNI'YOF The fbre4chy Special WUMAY Deed was acknowledged before one this I day of NA" . 2007. by Zvi Lavin, as President of Lavish Holding Cap., a Florda corpoa M as Manednt Member of AMSPROP DANI A BUM INVS InUMMS,LIA a Florida limited liabMy eompaoy,on behalf of the corporation,who ts me,or( )produced as W01 eatio personally known to J Si a of tt bite warMb-3rat4a* • caarrrmeroura,ma ewer�iur�sat a rrW-01-2007 14:17 Wi STO YOWUY ST&MT 4 P.03104 EXMrr A TO QEED All of Cgdem'a Carew,eaordiag to the Plat thereof,recorded in Plat Book 174,Pap 31,of the Publle Reeorde of Browerd County,florlda, OCR 909 MAR 14 1007 i "Ph t D%Vartmd Fidelity National Title Insurance Company Commitment No: CD06-IIOS17 (- Agent Fife No:Boyd Qaming/Amsprop 1 KCI-Ulcch SCHEDULE A ' fil7V I. Effective date: ove . 2. Policy or Policies to be issued (a) ALTA Owner's P (Rev.10-17.92)an'th Florida Modifications Acqount $1,100,000.00 i !te e 6c�S�2c, Proposed Insured: HQYD!�. n oRPo TSCIDLA yYEyApg CpRpo a l tnt7 (b) ALTA Loan Policy (Rev, 10-17-92)with Florida MadiHadam Amount 3 j Proposed Insured: I_ 3. The estate or interest in the land described or referred to in this Commitment and covered herein l is: FEE SAMPLE 4. Title to the FEE SAMPLE estate or interest In said land is at the effective date hereof vested in: ti4`,ISPn.OP- ,ZEA LW ES-r 1FN7S, LLC,A F t -U0ffED HAiNHTY — C-04MPANY 5. The land referred to in this Commitment is described as follows: Sze'attached Exhibit"A" Fidelity National Title Insurance Company 15951 SN 41 Street,Suite SCO Weston, FL 33331.1i21 3Y is uoiln C. N:er'ix, C.L.S. i ,9ti) 21 71 :1�4 e.xt. i Fidelity National Title Insurance Company i Commitment No: CD06-1 1 0 5 17 t Agent File No: Boyd Gaming(Amsprop SCHEDULEBI (Requirements) The following are the requirements to be complied with: i YG Payment to,or for the account of,the sellers or mortgagors of the NII consideration for the estate or ( interest to be insured. I y7P Instruments)creating the estate or interest to be insured which must be approved,executed,and filed _ for record: I �Q Duly executed Warranty Deed from AMSPROP DANIA BEACH INVESTMENTS,LLC,A i FLORIDA LIMITED LIABILITY COMPANY,Grantor,to BOYD GAMINO 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 data 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,Umited partnership or limited I liability limited partnership,proof of the good standing of said entity and proof as to the person(i) I who are authorized to execute on behalf of said entity Is required. i i �,W Payment of real property taxes and assessments for the year(s)2006. ;tZ 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 j Yacht&.Tennis Club,Inc.,a Florida corporation,releasing that certain Agreement regarding recreational facilities,dated October 15, 1974,between Island Yacht St 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. �'Y An 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: (1) that there are oo parties in possession of tha subject property odter than said current record owner(s); (2) that diem 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 the date of such affidavit)for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien er liens arty l-e dawned trust be Punished to Fidelity Natieral Titic lasuranco Contpacy, cr, in lieu film eof, .... ':.Co ion to:hose mat:crs .;et rcri: in ;iid A:`:davit"vhic`i era ireensisent-.ride cr deviate ;rem :I:e fo:a roir;m.luirmwnts x iii appcu in t;ta po c%or i:ol.cics to be issued pursuant to 'itis fC0.N:b:,LSSA LLTe CChN,(rMe.Y{Q:tln t 0 ' Fidelity National Title Insurance Company Commitment No: CD06.110517 Agent File No:Boyd Oaming/Amsprop k ite Proof of payment of any assessments due to Broward County,Florida,and if located within a Pnieipality,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 chargea for water,sower,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 Statutea,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, i (NOTE: You can contact Abramowitz Tax Lien Service at www.atl•servic.e.com, to request this information at a fee.) i END OF SCHEDULE B 1 i i r Fidelity National Title j ® Insurance Company i i r Commitment No: CD06-I16517 Agent File No: Boyd Gaming/Amsprop SCTMULE B U (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 thereoa covered by this Commitment 2. All assessments and taxes for the year 2007 and all subsequent years,which are not yet due and payable, Any lien, or right to s lien, for services, tabor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. E i Any encroachments,easements, measurements,variations in area or content,party walls or other facts which acorrect survey of the premises would show. F� Rights or claims of parties in possession not shown by the public records. 6. Restrictions(deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race,color,religion,sex, handicap, familial status or national origin), covenants,eascment(s),setback(s), if any,as may be shown an the Plat of CAYDENS CORNER recorded in Plat Book 176,Pages 36 and 37,of the Public Records of Broward County, Florida. 2006 Tax Yaar Paresl,Folio No.: 10234-16.00200 1006 Tax Year Gross Tax Amount:57,019.13 .Assessed Value:S3C4,760.00 Exemptions:Type:None Sums of'_C06 Tax Y::ar Pa}nent: DUE 'ri'.'..'N 1 i II:J : 'ha tJ , .. . .�, ✓a i I '{ i. .. :QO Its ,d V :I1C pNrCSetJ �Je bra:C;ii5 :re1U;1�the eS;ata or InterCst Io ':e :nsof.UJ ;r Ci:.;l'.VIS: .;',Lel::'.ILL^.� :C t11i5 ct the transaction. If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its authorized agent, Item 1 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 sutra except upon a determination that no such adverse intervening matters have appeared of Fidelity National Title Insurance Company i Commitment No: CD06•110Si7 Agent File No:Boyd Gaming/Amaprop Items 3,4 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. i END OF SCHEDULE B li i i i Fidelity National Title i ® Insurance Company i Commitment No: CD06-110517 Agent File No: Boyd GaminglAmsprop EXHIBIT"A" All of Cayden's Comer,according to the plat thereof,recorded to Plat Book 176,page 36,of the , Public Records of Broward County,Florida. -FM=M1T1 naww=-- omer of blockof the i S NO. 1" as recorded In Plat Book 14,Page 46,of the Public r roward County,Florida, k run S.89046'30"E.5 feet along the South bo sald Block 5; thence,N.0010110"W. parallel with the West bound s ock 5 a distance of 29.83 feet to a Point of Beginning; thence,continue N.0'10' 362.16 feet; thence S.39046130"E.225 feet;thence,S.0*10'10"E. ! 397 feat; thenc 46'30"W,parallel with the South boundary of said Block 3 200.16 feet to a point ature;thence,on a curve to the right,having a central angle of 89'36'20"and a radius o e ,an arc s ante o ee o f : { i :>9GL01 1'L-06-7633i 11/23/2006 1,:11:13a:7 DGC: 23 175/36 page 1 of 2 vi a t • i I g d a ;: 1�� , i� fi �•� t , I � t 1 t P$ , w 3 11 ji§l WV 01 ba t W � < it 010 + ��� , � � Q ;'tN 1�'jt ie', e• �' � Ti ^I i��tt! f li �.i:i � i• I ie il ?'iflq ' J,.•9 ` a'1''� 1 .� '� \i � It 7 ..iris �J ^I i l i 17ti f fY � � i y ct � ;of :• q I �! g I �� I�� �' I11! 1� h '3,e 11 i 1ltti 13f i , 7 f{ ):�� I � i :Ilt�il 1i�1i43ia: 11 1 ,'?! ,�:! ! �, i! �il i 7!ii:1.�i�.A31j� L? d; ,y .J.1.J•i I4.1G:01 7L-06-76309 11/23t2006 11:11:13aa DOC: PH 176/36 Page 2 of 2 r f au w�w■b ■ q i-� �i 2 i 1 i � e '� � ►�i� ' f i�: a i�� � 1 w 1 1 ry !� }! 3 } 7 1 e ! t ppiC 16 —Jr, i i i6� 'III t --- � rf•� Wry W1>• 19h�dV ��—� � 1, e 1:,i`n asW�iwana ��iiryi�iYyi II `I� �� �� ,■ YT 1t Y \ ry �� 6 1 � S' y:9 y }r■y� I W �g m vi ,I ON1, > Lu 6 3.;1:1� 31� t ® Fn J t' ii.i}?i a � '` t !'19� t I] 3tLu ?i' — f� +17;�.A M,AR 1 1G0"I �iS1.4 4.9. J-I t I First American Title Insurance Company Llabltty under ma Commitment a limited to f1,Boo.00, In the event that title Insurance is desired,the Company Is to be advised as to tha sale once or taw mantel value or the land or the principal amount Of the mortgage to be insured,as the case may be.Company will them,at its discretion,commit to issue its owner or loan policy by modifying Item No.2 appropnatefy and charging the applicable premium therefore. SCHEDULE A W�� t'�Ill� ' Customer Reference No.: NCS-238324A-FTL �SM 0 Agents File No: NCS-238324A-CLW2 Commitment No.: FA-C-11S03 WAR 14 2607 Date Issued: March 13, 2007 P�i�nn�?� Date Effective: March 12, 2007 at 8:00 a.m. (3rd Revision) '9 I. Policy or Polices to be Issued: Department (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 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 lai Alai Palace Inc. (successor by merger to Carrousel Concessions, Inc.), f/k/a Monro 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. I First America T, I I� uran<e Company By: Aujhori#qc 5)gnatory TI-IS COMMITMENT IS FURNISHED BY FIRST AMERIrAN TITLE INSURANCE CCMPANY OR I'S POLICY ISSUING AGENT SOLELY FOR TIE ISSUANCE OF A POLICY OR POLICIES OF TITLE INSURANCE OF FIRST A"ERICA,N TITLE INSURANCE COMPANY, TH15 CCMMITP'ENT IS P,)T,vl ASSTRACT OR AN OPINION OF TITLE. I[ARIL WEER THIS=VITMENT IS CEFINED aY SP:D L64170 TO T hE TEFt6 A:,J I, hS CP AND HF _.F I..,; r F iCPO u ,S. 3,.;:0—Z`I =7 To7[LY LPCN iS Page t cf 9 i 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(EIh)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 1/2)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 STH 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 01045'47" 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 01045'47" 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 O1032'28" 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; TI!ENCE NORTH 88041'36" EAST ON SAID SOUTH RIGHT-CF-V/A'( LINE OF NCRTHEAST 2`.D STREET, A JS�,;f:CE Or 135.!3 FEcl'TO Try' .`!On T HS'lEST CORNER CF A PARCEL OF LAND CC`Pic'IED TO T:JE CiT/OF DANi.4, AS CESCRiBED DI OFFICIAL RECCRCS BOCK 3769, PAGE 432 OF THE PUBLIC -., - _ i!;E:C _Jl.-�a (J1'.'; &" CASTC`l iii� 9r'cSi l.L 0;= _..iDPl'<C;il. C(ii�'ic'h=D 'fO C;Ty CF CAN iA, .4 DISTANCE OF S.CO FEET; Page 2 d 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-I-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 88041'36"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. P39e 3 c! 9 First American Title Insurance Company SCHEDULE B-I (Requirements) Agents File No.: NCS•238324A-CLW2 Commitment No.: FA-C- 11503 The following are the requirements to be compiled 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 Pi,e i,f 9 First Anterican Title Insurance Conlpany 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. S. 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 Panel 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 Bock 123, Page 447, 3s 31`ected by: Release of Fcscrvaticn No. 5454, recorded in O.R Book 3698, Page 503. L. 'crnr; .ru ;:r,r,icns ccrt3 coi .n ;�ctrun'oc:, 1 :rcrJcd in Ccid 30_:< ;ICS, 3 ;c 5:. Page S of 9 R at 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 resbiction 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. hic 6 of 9 First An terican 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- Wh re� nt 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 Avaitahutr First American Title Insurance Company cares about its customers and their ability to obtain Information staff of service representatives is and service on a convenient, timely and accurate basis.A qualified sta 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. Page 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 chose persons)and/or entity(les)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 First Ame-i0in Prle Insurance Company is 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 tender secured by a mortgage(Including any Other security Instrument)of an Interest In land,the Flrstolmencan PNe 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 at. 1.Failure of said Issuing Agent to comply with your written dosing 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 Ron of said mortgage on said Interest In land,Including the Obtaining of documents and the disbursement of funds necessary to establish such status of title or lien,or(b)the obtaining of any other document, spebflcally required by you,but not to the extent that said InsWCticns require a detlrmination 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 sad Issuing Agent In handling your funds or documents in connection with such dosing. If you are a lender protected under the foregoing paragraph,your borrower In connection with a loan secured by a mortgage an a one to four family dwelling shag be protected as If this letter were addressed to your borrower. Conditions and Exclusions A.The RrstAm~rifle jissuromosp Canpanywill not be liable to you for ton arising out of: 1.Failure of said Issuing Agent to comply with your dosing Instructions which require tide Insurance protection Inconsistent with that set forth In the title Insurance binder or commitment Issued by the"American riche Insurance Comparry.Instructions will require the removal of specific exception to bill Or compliance with the requirements contained in said binder or commitment shag not be deemed to be InconslsterhL 2.Loss or Impairment of your funds In the course of collection or while an deposit with a bank due to bank failure,Insolvency or suspension,except such es shag result flan failure of said Issuing Agent to comply with your written closing instructions to deposit the funds In a bank which you designated by name. 1.Mechanical and msteriaimen's Ilene 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 AatAmerican 1`7010lnsurrancr 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 critter of the company has specifically accepted the responsibility to you for such disbursement program In writing. a.When the FrstAmerican Pere Insurance Canpanyshall have reimbursed you pursuant to this letter,it shag 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 lee First Amcvican Tide 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 ArstAmeMtan Pere 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 Nis letter.However,this letter shall not affect the protection afforded by a title insurance binder,commitment or policy of F/rttAmenican Ptle Insurance Company.The dollar amount of liability hereby Incurred shall not be greater than"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 this letter shall reduce by the same amount the liability under such policy,and payment under such policy shall reduce by the same amount Me company's liability under the terms of this letter. o.Claims of loss shall be made promptly to the FrrstAmencan rr/e/nstrance Company at its principal office at t First American Way,Santa Ana,California 92707,When the failure to give prompt nonce shall prejudice the First American Title Insurance Company,then liability of the First American role Insurance Companyhefeunder shall be reduced to the extent of such prejudice.The First American rL'e Insurance Company shall not be [able hereunder unless notice of loss in writing is received by the frstAmeocan Le'e lrsurance Conpanywdhin ninety(90)days from the date of discovery of such loss. E.Nothing contained herem shall be construed as authorizing compliance by any Issuing agent with any such closing nstructlons,compliance with which would constitute a violation of any applicable law,rule or regulation relating to the activity of title insurers,their Issuing agents, and their failure to comply with any such Closing instructions shall not create any liability under the terms of this letter. F.The protection herein offered will be effective until cancelled by written notice from the F./st AmerrCan Title Insurance Company.Any previous insured Closing Service'etter or similar agreement is hereby cancelled,except as to closings of your real estate tr3n5acticnS rogardmg which you have previously sent(or within 70 days nereafter send)written closing mstmicoons to said Issuing Agent. FIRST AMERICAN TITLE INSURANCE CCMPANY By: Vice President Page 8 U 9 First American Title Insurance Con ipany 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, personal Information. together with our parent company,The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your 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 FafrinRvmabion values, a copy of which can be found on our website at www.firstam.mm. 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 servke 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, 'Ne restrict access to nonpublic personal information about you to those individuals and entities who reed to know that information to provide products or services to you. We will use our best ef'crts to tram and oversee our employees and agents to ensure that your information will be handled �i ii accurcdr(-evillh Prr,•cy PO ic, ,'rd R--t,'�r =r'can s F.,4 �i Page 9 of 9 , It, + f.a i .:.1 ,f � :ru. ].r.�tl to ( ,:.. t- LrJ I.:. - ____ . .l_-'_ ____ ,tu. . .rp .r IrCa, I.0 c! rl ul.i. ..•.J :1 L:'_ 1.. ,.resat r.l L:r•:a ( ' t u `r'..� .r l;.terl C,r.n`n�.c - of t, t:-I•r _ +) :r 7.It J1c12 • , .rl t`J :1'. :V-aJflr. tt:,, LJ .. .4.. a♦. ...0 ..G.tl •ql-q< rp.-.aln u^.0•l l,,,e .Itt ..r eh Y. 6' [rL Irr :m L 1'rr -GILIILI do :lf.,L un- i1.;nt plr a,i.: I,r rr.. ... t",.:..f:•: n.,a .:L o.:.t It :-III-JUva. 11 _ ' - _ t ^' 1.1 Lap_n •. I+�,r I1J 'e'--+ wr rll..rttJn t, n:oa) l:• L,l u..•:al .r:'Ji IL �.__ _ _ _-._'. +v J,r l,v. f_c: +c (s•s. - ,t U•d .N t3 ro -,GL[ rrr:_ _ reY_.__ ,f __ - .- __ _._—" ._ „� .xt.r a•aY.v.+ t•!f - t R .�I ! 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M not a loam.4�^'^ ►lr{rh�►.pl tit least rl4 ndt, at•o f•ia�o atop K l.M e S O 1 6 a r w" ad rr/MIr lead dY oft W!rt Mt •K M w 7Mf .1�8�ta•a� 11@ bOpM b . eedt.d tyW of lady 004"14 c63 Margot, al, or legal a> A 1"s at Net Mayon .nor aad M an 6 at W d I" lti of W r�.! at ft}se lwNn 7� s...rl>>e Inb. .yol!ytddt .!vow at atsi at legd !Mt aid.a'It, 1M wmfa am.. tie" tot wits a tbd Oat �l on me as Ldh Mo at W abw dopl%4 trod at l,ndl ar,trl,lai LM nea.,m SAM At lira 1 1 Tn IUCY. A le TO MOLL the t 6n anw+nid Rostra wd leg le6011, t tart vah u riem &ruler o,rm uld lead end nnA W!1 m L! ar;rir in . µhW lad �r p w�, u,IA r34 Iola d..ina ilil,hn anA nlllrr iaeidoria rh4h Ib,llr.ntrr tear dealo e7 tw IA.rrie.m 4lonlrthw! Ih�Yr i;e, and nriCf llrf r1I I11NIWYOIIJ lfll0 1!! 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'T •� r1 WIN!IMM rtt WL.--21!—AW It._..._.T')�iMM'jl�t'IG ■�r :.f CA t 1 C roq rum■r1 hr ar Orr Mt rM Z;"— W wrwMlr etlr.w GGIMP+r L11 1144 LLL I cc�� I a , y>, � � 4 y ; i pi ir rN �h � � . -• h it D4TI TRAM IWCR.VTICN 33 e $54 321 7429 P.217/" i lifer 808 me 51 :fl l3 Jri•DEN'MZ- lead*A W entered Jnte No � V A.D, 1 r 1t ;SJ, by sad between My, C, 11� 2 E�j State of Ftorlds, t'arUe9 of the NDsR9,48, hwabettd j'ly''••:je. of Dtde Calmly, cil al ..-Iy vrntlon:•1 the State of Floriday,yv� .9 Cr,P OR DANIA, a mtlnl. Arttwartl C,.unl,r, a le rids, {..,rty a use y,n.•Y,.t t Jr City iwl, Dania, �.rt. 'WHEREAS, It Is I.rol aced Ihy the I any,,(the gtlC,trl I..ut to Isle W,s'weldLott, U{aye LW J L' ther w ;ml rove Ind enMirV6l a",* �trail r»v and rwa sr Intl$t of tho FurUea•d the flret)art:u:hereitttiter described; arid, i Ass "lletr uctod ov� lye neetas Iey thq told yublfe ;tr&*too located Ind with)tut•Ind sunray.1 Jald `41 Farder of the first yxrt, to nco..rdu Ito Pdt k clreel over s•Lld Ian,y; NON, TkL'REROR6, wllkLi4CIll: 'i'hat f•.r •w� in oondd�ea. ti-n.+f id .nun of One D:+il•tr(;7.Cd), and nlhur v k4 soul vsluahb cur�Glru.••. t"I Paid by the I arty ;f the swnd Fart, V. reCN}l wtaValu to Atr.ty a:k. naarlcdlied, the said µ,rt:r9•,f the flru pall d,,�!( rww:at, rula�e :m these{rr•oenty Br'unl, the k`•:-a,I I.ut, Its:.•tr_;as:ry aaJ ittYr �.lev'lslt.: nr.E� tl:r.•.slrl r•�rty I•cs•IR r.Itrd-, :jinn aml l»Inn fa cr�•.t,rd C forevoor, this ft;lica'trto tJctertlacd un 7, f'lrrl,kl, IO•w(t; tha :Toren 1'htriy(31)fut Jj the Seal Htdt(8 1/O at J. tiS ytneNtir(Ti eIt Qurt*r(NW j/U of the Northevt 3seUo1 3d /'Y of the scutheeitt Quarter(3t 1/V . Totmsh:Y .Q south, Rssga 4 Eaatt; Tie Norm'Thirty(jco feet of the 'Neal Half(',y 1'. + :,� •:f the Ncrlheaa Qwettr(Na 1/4)of the Nortne1:t fit+ '7t+art.r(Ns J/1) of the sJwha�µ Qtwter(3E t/q ;f aeration Js, ,'o•w1%1?L • 4sc,ut)., 41w;fu The Al.,jt o::JtY(SCI feel �f rtb ayt the East l;al!(g 1/4 f �us�r I 'Z'Jarter INd I jl) of the North ev,l ,• of Seat I'n I d, ]'o•araaJF' atl�3outh, Range ill Gr¢a; t The 'Nest Ft(lY(SC) Icet of ltse East Ha1J IS 1/8) of the Southwest (gw 1/4) of the Northea t dvwter f.13 1/.0 of t Sccticn ht 9outhaaat Quarter ISt; I/51 d of 7!, 'r^a'nshic .'A South, :tango 13 Eaxt. i :O HAVE AND TO HOLD tha sarr.e uato and b Its azslny, forever, together 'with Nara Party '! ate 34ccn,: I..rt'i and construct 144 rtalnta;n a pubUe air w enttr 16.0. :aid Im att thereon. •with al .. lrala, dltchea uI,1 othtr lnc4knts which Nt l such G1L9,cuv, ;l. Jeem recQssary or convenient la co r I�tY of Nt c;Wm part ma hh i:!:munity unto the Scj Forty Of th, aeeetloa Lere•with, and I Y road ol .0 ogether with ': { _r;_'• Part fro _:W me cr Al:ra'2_ • i i , • +� It d �C-15-2006 13�03� 3Aia TRACE INFCId'tiTlfTt 33 954 321 7429 P.08i09 i ® 808 tls! 52 � to the Conttnquoue lords of the Parties Cd "first ya't, ti aAr, artslAl tram out o1 such Construction and/or mafswasea- IN 'AP[f1m WMIOp, the sold parties of the first part have hareuhto net their bands sAd wain the&T aed Yalr first above fsOUAI, t ed, sailed Opeuwra 'lA t enc ,� :A the prfeeft o $AE,) '• 2TATZ 0? e^1ARIDA i r. caunY Or ,art 1 I RMlBY CLZ' M that os this dal before AU, sa ottlCer Wl d to tAke sclmoWledgrceAls, rs�lY sP" Cum an .. 1! ANc�0at8V,9 and W •VJWS. husteutd end,wilt, to tat known to be p.rsees sc d is sod whe executed the foeMafai ;cy trumant and they ackaovledged belon me tbat they 47eetat44 the alms. wrrNES7 m9 hand sad ON1CW snl L the Cc=ty and Scats ltrr_eald this _day cd A.D. 1u33. No ➢abllC � ) d: r 11 MI A a s -3- i ri �.•„l.r_. '=T'1"'.su T.....3' .`,.:.�"�'_"-""� '� . ':7�tca.:rvT-.=eS�Tr�','rSRarr.�c-�^: . --•�. . .�-.aa wua_y l,Q.xszz, Deputy Clark IM [MAR 14 1007 07-P3.C3.0e/93 .his instrument prepared Parcel No. under the direction oL: /0 , Item/SegmentN/A Laurice C. Mayes, Esq, of No. N/A y Sketch a Legal Descriptloa Section No. 86030-1506 Prepared by, Managing District: 04 Calvin, Giordano a Associated Inc S.A. No, A-1-A i Document prepared bya Coamty: Browart Grace X. Abel Department o! Transportation 7 3100 M, Commarclal Boulevard # i Ft. Lauderdale, Florida 33309 li ' PIRPRTOAL 2"ZMMM ��I THIS EASEMENT made this ~� by THE ARAGON GRODP INC. f k a Dan a JaI-Alai Pa cs of 'Inc. /kla0� Yonro 0 eratin Co. Inc. a Florida co ration, w Ose addzeae is, 301 Ea at Dania 8eaeh Eoulevard P.O. a X 1107 Dania Florida 3300e, grantor, to the STATE OF FLORIDA DEPART—... OP TRANSPORTATION its successors and assigns, grantee. W17NESSM: 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 eaaenent for the Purpose of constructing and maintaining a mast arm signal pole in, over, under, upon and through the following described land in aroward County, Florida, via: I ;See attache" s'<etcil s legal description. TO 4aV3 :0 HOLD the same into said grantee, its succesaors any a es igns forever, sad the grantor will defend the titla to said .ands i9ninae a:l persons clatr..ing by, n-rough or 14nder said grantor. _H W:TVESS WH3R40F, the said ,raptor has caused these presents to ba executed in its name, and 1-3 corporate seal tY :ta proper [o he here Into affixed, f.rst above wr:ttat.of therounto dilly authc riacd, the day and dear i ., ...x.i T:a:e;�,tc . n rout our. ir.C.r,,uerdsle.Florida 31309-3321 i 743cription: 9rovard,B1, COCWndnt-Soak.Page 43561.353 Page: 1 of 5 ,l r.iw r• al+e Caxmsnt. ATTES:: THti ARAOON CROCP, INC. Dacia Sai-A ai Palace Inc. Print Naming f K a M0nrO O7eretiw Co. Inc., a Florida corocrat cn Its Socsetary sy:Print VA-41 Its _ ITar✓.✓' p� Signed, sealed and dalivered in yl� the presence oft (Two witnesses or Corporate Seal required by Florida Law) /�• _�.,1 (corporate Seal) Print Name: i? , `4r•nev � T Print Name: 4 DIALS L'Lwp6 v STATE OF FLORIDA COUNTY OF 3RCWAR0 The 4 egoing instrument was acknowledged hefore me this 4 "a.�E9/ �• 200 bY i6E � F Ti✓l��c,P I/ oC THE CON GROUP, INC. C/klre panic Sai-Alai Paiace, Inc. C R!a Monro OperatinO co. .ne a Florida corporation, an behalf of tF.e Corpor�a�tion, wh personally K.Icwn to me or who has produced f�a.��✓.n�= � �So�/. - 9�L- -a�-n 9 4-e 3S identification. uuwau+rsA ��/ astee�+•�r+o �.r M+•t yang / � Paint Kame:,Ci//:,ar✓ KOtary Public in anal for t o CO'.ntY and State last aforesaid, MY Col'mi33i0n :xoirea: Serta_ No. , if dny; ;,sTct:�vl:L y51 Gt 14 . 1Ii10'N.COrtun+ci�l:<. 'ud Ft.L4u�,r sle,Florida 1)-3421 vcriptioa: 9r�aa:'. L -: c _m.sc-dock.Page 3 T1.353 Page: 3 - Ccdar: .ntac rc_eu- • -�1� r V[ J LAND DESCRIPTION 15.0'a 18.0'MASTARM[EASEME`r DAINEA JAI ALAI CITY OFD.1,\(A BEACH.BROWAItDCp m FLEA A portion of the East One•HW(1.1/2)of the Southeast One Quarter(S.E 1/4) of the Tonh�One S t Range i/4)of the Southeast One•QttUW(S.E.1/4)of Section 34, y Towri ' t f Sou Range 42 Ea$% Bmward County, Florida, described u follows.: d+ more partieu'a. y COMMENCE at that intenecdon Of"East line of said East 1 I Southeast Crte•Quarter(S,E.I/4)of the Norlwast One one-Half(E.1/2)of the �! �e Quetta (S E.1/4)of said Section •Quarter(h.E.1/4)of the Southeast f Beacb Boukvaad as shown on Florida Kr with the NenA Rightof•Way line of Dmiarmv; • for Section No.86030.2506,Shed 2 of�lasdatted October 7, 197a-0G Way Map i THENCE Westerly on said North Righto&Way line of Dania Beach Boulevard on an a f asmu ned beatin HEGRNNWIS; g of South 89.1828" Wet a distance of 46.84 Ceet to the POIhT OF d!J THENCE 6Boulevard,dnue South 89•11*28" West an said North Rightof•Way line of Dania a distance of 1 a.00 feet; THENCE North 00.4112"West,a distance of 15.00 fee; THENCE North 89.18*28"Ealt,a distance of IB.00 feet; THENCE South 00.41'32" East, a distance of 15.00 fees to the POINT OF ( BEG1N:INNG: Said lands lying in the City of Dania Beach, Braward County, Florida, and containing 270 square feet(0.0062 acres),mon or less. NOTES: 1. Not valid wi Lhout the signature and original raised seal of a Florida lice..sed Surveyor and',fapper. 2. Lams shown hereon were nct abstr3Cted,by the Surveyor,for ri,hisef-way, enseacn%ownership or o0ler insrmmmis of.,;cord. Pv'.rc br Florida Departmmt of i cwLvm•.e:ovon:aa.ssa:.-es Dismct Four Right cf Way�rnn.vt 3400 W.Camuoerefa F,-" l Boulevard .on t..w,.aila ails Fs G udesda lq Flonda 33309.3421 rr„iRir�aaea:ai caou in.a.rerusurvirt<rd cnro„�,eswi.vsr.11A37east,a Sheet i ui 3 7ascripeion: 3roward,FL Cocunenc-Book.pegs 43561.353 Page; 3 of 5 .Prddr: nija Camoreoc: CF'tr A 106811683, CR e_4 43561 ?O 356, Page 4 of 5 3.Bearimp are based on the Norh.right-of--way lice of Do:tia Beach 3oulevard having an assumed bearing of South 8961,8'28"West 4.Irformatioa shown hemon does no:represent a boundary survey and is based on the s dam contained in the Public Records of Broward County,Florida and the Florida tit Departm t�c t of Transpormio CALvp�GIORDALI' ;�SOC�tYS.INC. Zand Mapper rf al c all tweyru Florida Registration Number 4479 Florida Deperecent of Tnncporunon ^'.....4tr: Disoict Four Right of Way CA%I HL 010AonNr'a A5='!41el 3400 W.Colmcreial Bealevard 1 aw E6q pn..,Sum I w rl.nm.mis Ft.Ludcnlalc,Florida 33309-3421 k.rvm:a.::ua P.r*:IeA::W4 W M61 pma M,Cu t0 P03'.:N G F Y Up[Lk„.'u"Oai M I'V'S OL M A Si AII]I dm sheet: ci 3 Dascription: 3ro!rard,7L 6 x,�xert•3ook.Page ; 1561.353 Page: 4 of Order: mine SKETCH OF LEGAL DESCRIPTION 15.09 x 18.01 MAST ARM EASEMENT Portion of East One—Hoff (E.1/2) of the Southeast One—Quorter (S.E.1/4) of the Northeast One—Quarter (N.E.1/4) of the Southeast One—Quarter (S.E.1/4), Section 34. Towrship. 50 South, Range. 42 Ecst City of Dania Secch, Elroward County, Florida lax oil R aLVlufyl�ttJy ■ � ����b��>�8� ��� o P30 rlol�Usr 1pyp HDp' y CAS[KRi E � A „ I 3 `WO P=" NORM ROIi-Of-YMr zeRl.54' 7 uN[ aP' oAwa uNt 01 owvA 9EAq •a.�' PONT Cr COYu(NCEyp{T ORurRONTOM BOULEVARD AS Pt01AST O or IRE CLpt0A DUARTYMT PONTPpMT CASE UtQ d ME EAST S Of TRAN"TATION 9CCNNW6 MOpE (LI/a) or "Me - RiP1f-Of-MAY ; AST ONE-OUMTLR MY a maR I (SLI/A) or 7Ml MORmKAST Ns a{Ow-Sw$ i,. ONC-OUARiM fM.[t/A) ar E SNQT a of ♦ RTE Sa1TwCA• OME_OU.u1CR �11.t/4) SEcRC11 34.OWNSwr so SOUR. DANJA 9EACH BOULEVARD < E �hoatldRaNani Y V7 h MTdf-y-RAT LIME 01 s Ln I� 3 PER BOULEVARD i SOu�HEAYi CCRNCR Of iNE CAST CN(-r+µ/ Ig TLCALDA DCPARTUMI C< INE SOUMCAST ORE-OUARTER CSC I/A) s p�Q�AN9CWTA TIGM Cf MC NCRTNCASr ENE-0.AR7R (M.E.IIA) NAIT a-WAY j Of �'C SOU1N[ASi b+C-WARTrR (SC 1/A) Va. 9a0C7Or-MaaQe # Cf SECi'W N, r.YhSMe 70 S 4T,.MM/Ge : EEr 2 or A Aa CASE Florida peW U 1 of Trvnsportndon District Fov Ri 1 of WR JJ00 W.C=4Mr01A1 ue . Ft.LAudadAle,Florida 33309•3421 Dania Jai Alai Property , .•� �, City of Dana Beach I�_' '�ac• cs-vat 13 Broward Count •••��-=—s• • � Y, Florida I ti Ce-+S-acts I SEE � . . I 3 i J Daecrlpeloa: 3zova r3,?L D0ewtent-30ek.Page 43561.353 Page: 5 of 5 � order: mLac Cncaaar: I I 68- 765U7 �7698f10E�Q3 ' AXUAS9 OF USIRPAT'IONS NO- u� IT cEmTi %I. Rao SOLmLLSM /LORIOA FLOOD CONTROL DISTRICT WAR 14 7007 ON LAM OCLDlD IT TRUSTgts OF Tilt INIMAL INPOOVEm.,4 PUNS 'Planning w1191tASj pursuant to char PrOvLalena of Chaptaf 14717, Laws of Plottda, Act is of 1171a Department and Chapter 10955, Laws of /lorlds, Act* of 1941, Chu Ituatuus of the tateC AL IXFC"tmnt Fund of Cho State of Florida ware followed of all ofllslai duties I* emmatim with lands within Cho twrglades Dc4L"S@ Dtgsrtet, and 4 Raw bard of ComtAAimwrs at sale Olstrlet was provided to daetnlscer the affairs of said District, and Co asauaa *It the powers here- tofore s*sretsed by the gold Trustaws to the eondwt of the affairs of $Aid Otetrlet, and 17110CA9, Central and gouthers Florida flood Costrol Dlseriee was ere4te4 undsr end by virtue of l0upgar 15I70, Law of Florida, Amu of 149, to operate Aind be govurmd Accord- ire to the prwigims of Chapter 25209. Law of flertdo, Aare of 1949, (Chapter 17f, Floral Statutes IIS1)9 oet wNtUAS, p"$"Ug to ed to cospltanas with Chapter 13410, LAW Of plotless ASCs at LIAR, CM Mart *f camiagio rs of evarglodso Drelna64 District he* seleetat the trans• far of sit reservatuns bald by gate Board sad District ea the Cautral sot Southsge Florida Flood Concrol District. NOW, THCIMRI, MOM ALL 1Rg IT Tllt3e FUSMg, th4t tha CtWTRAL AND SOUTAKIN FLORIDA FLOOD CONTROL DISTRICT, a Pu►lis earparaties, t* 40EPIl41144 with 404 by Virg" el the authority to is weld wear the laws of Cho Suet of Florida, and for and to eemidoe- stioa of Cho alas of TCR DOLLY 010 .04), Aid a%Ur valuable camtderattems paid by Ran 911T11, as that sale surviving adstalstratee of IXTATe OF J.T. 911711, also know* as URN TIIdIAg 9141713. doteaal, 4/6 Clark Walden, A IAMI at Law, CARL& Bank Iullatag, gas% Beath Smievgrd, Gate, Florida deg legally release sal dLaahArp the follettag dsesribeet lust street* in Beow494 County, Florids, sad beings gat} of the MR14 of the sty of the 3114 of Section 3a. Towtablp 10 South. RAoe4 41 L&At. Seaward Cewty, Florida. cc�� v r� W N O from the following rights which were crosucved to 04e4 '40. 4842 , datod June 15. 1976 +1 racord44 in Deed seek 171 , paga 447 , Bruvard County, Florida, public records, by the aAld Trustee, of the Internal Improvwane fund of the Seat& of Flarid4, to Witt 54vind and reserving unto the raid, the Trugtccs of the Internal Improvement fund of the State of Florida, and their suacaaorg, the right se any Clio to *near upon Cho u ld lands end make or esuse to be made and con struated tharean ouch canals, alutas— ways, dikes and other vorke as may to the Judgment of the said Trusteed, as, their aueeosaare, be necessary and needful for the drainage oe roelanu Clan of any of the lands granted to the State of Florida, by on Act of Caogr4ds, approved September 28, 4 1850, 4n4 to aka free the @aid lands hae4by conveyed end to use such gravel, •tons 1 or earth Am "T, In the Judgewnt of too said Trusts Am, or their wegaaotme be notes, s4ry to use in the rol.Lng and ennstraetlos at uld canals, cuts, aluLcs-ways, dikes y end other works, upon sg14 lands Car rho purposes Aforesaid. And further savirg and reserving unto the Amid, the Trwteas of the internal Improve- rant Phnd of the State of Florida, the fight to the exclusive possoo4ton, oeeup4tlom, rr uas and on Jayment of & strip of land running across Cho above dascrL1,44 praeisee, one hundred thirty feet oa each side of the center Line of Deny cams(, cut, sluice-voy or Al'tA that ray be made and constructed on bald I .rd by thu mail ::•.u:c+s of 0.4 CAW [,:,, gar -o,tr ,a rc�c•,:m, i:r thn ".ur:nt., crd .vc L:a Lye rt•,.'.c to cu'ate, ..�lL, dLD't:4 +f .•:J nJoy any arbor, �+:4ii ...n4, rnr.k oC �ra'nL 17LnA Lr 1; vion ,.i'..1 it;L'p cf .and. �<a C.1.41'. 4 • rY ?C-17I-W nc am kfr�c�... so,� 10 "TWESS vIQUOF, the CUITRAL AND sot" nLORIDA ►Loom Comims. DISMICT has caused chase presence to be eeacuced In Ica nose and its offlaisl Seel sffised hereto by its Onwro4f bard, Social by the Chaired* of slid loaed and Ottntd by Its Seerstary, at 4tac Psls Beach, Pals beech Councy, Stare of Florida, this the Ilot day of June , A. 0., 19 64. CLNrUIm AND SOOTIRAA BI.OII" WMD COUTAOL DISTRICT, By ITS COyfMHC u BOARD akass. 31. ATTUT& a ' / t Seer Lary STATA Of FURIDA ) i COUNTY OF lAIJB BCACN ) I NLRLAT CUMV, this on this the list day of June , A. D., 1960 ,before ma, the undsrotsned authority, Personally appeared Robert W. radrLeb ,es f A. 01[It Jr. CkslrsaR and Saautarya reapeeclwly, Of eM Covernlns Board of CLRTAAL AND SOWMIM yWRSDA FLOOD CONTROL DISTRICT', a publis earPeretlos created by the Aata of the Florida 42141ature of 1949, cs se kooue Is be the persons rho otloed the foment's tutclrnt as such officers, sad acknowledged the ",Costoa thereof to M their free set and dud As Such Officers for the purposes and unds tbersln Magi ad, and that they affixed thereto Cho offlatsl Seal of ChoCowrnlnm Beard of Central and tautharn Florida Flood Control District, and that the said inStrtra0 is the ad Set S dud of said Cttf[AAL AND SoiMig R pWRIDA FLOOD CONTSOL DISTRICT and the Cow he posad thereof. WITNZ33 My Si"Sturo and affiCSSI usl at UaSC Pala Larch, told County and Stara, Cho day and Fur last Aforesaid. L 1 ,7 Notary Public ' t d' t 1II1t d IIa"0:It.6t 71] CC,;nI/]Lan d'P LCoe: el COueiSSKe W"11 mot It. m I�.. w..l. .,si... i... .. ....... ...n I/CY .... .i ... , ,I f rro rose rocs /{ nu =-1$-2m 13, LM1n 1rotiG �� rm otane'tmt�„ ttt.da nai tMead taw'ata b ai `• ' A.D. 12GJL tir WA%tfauc lea of GAt . a tea d pforoua s4oN ' .alma to City 8aD. 17aalt; ,or44 rlertdaa PKt1 a tba aaedad"A w$a3isAq, !t>a t�K b/t4 pacer d�tattotq�N toes4. • ate.urs ft a d tw ftA p POHN et ll �aee e w 1Kte"" PW mad WNW a aaw mbar wed orm twd 1aadld NOv�'1�i1t"CRA19 t231tSl�'>;'Us Tba1ltwahattsooaldarrtlotldtbo rewdCbat>oDarlil.00laaadoteatr aadralaabtaaoaaddozattatuPsld tba v.sga[md::,a p uitsQ,"O'6aati/oaebe[�A.saaap0Oaar%dq It.'oumri• �,ala.ar ad"ddgw!aunt *A haww O dodcrlbad haft aMr1q 10"ad b"f. Btawd emu", "Mak WWI TM tiaat U L d eba lAal Nd>� d XwkS It ; i..14. a! Amwddd ' y AIW toeae�4 rlD Cowb. vlarma1.sW UnaA0 4611jusd1dasbaltoa"Cowdrt1%w1&6 TO NAVE AND TO OW led 04W wAs"satd Pz*Of the aoaad Part aid is Ma uAVBj 4+raraotogNear,tly ota ti*A to wW upas aUd latch WI tWtn at aad oatatela a pveua rind%bataesll4 ail a aed od�.rlaefdaayvelclttb.part/otthoa.Cmdpattaardgtaaoo.aWrarcaarwlait +ne ma.att.nttwroola.MWte9MMrhAtll{�� vdalMaWpart►oLttyrddW4 parettessttelalmaordam+watolla000lsagla�alaarladetvapare !dtlrgust port,ttwr�arlalo9tsomaatdaoa110tiaW'aeft0iandpraataenaoea. Al wn%mu 4 mwcrs*A mdd MuL d So am Pori uI baea- ualo sat yy „bud ad ad Na&V and 1W 4rat abM WRiVo116 sl g»d, saalad tad Dattvasd •' to• osmea oil MZAU (SLALJ S'rAn or ccumor 1 S�tttaT CEt7'!Tl IDu a ttaa dar Mdata tta a.o>9cas diYr nad 'a We aefaooUdg0aata.pw*UAil;t�poarsd_EAA�fL!!. IIT.L t tq ma bto*a td be Ma oqyL - A sd VW ftv" taq" atsur mt tail,1w. WkDo Ldgad bdara at t4at}}�_,�a9loohd tef aama• 'MT =my hod and emew W4.is tes Cmm .af 9tata la at fora• # i� sale NS_t^e D.r of L br�n t..�. . t O 1Ldti, :. / :ra ./ r 1 TAL P.09 5� 73-220728 UO:UM/N 1ry. ... VAMP. .ew•r er n f iri"d'r,.iaui'.. t•, f . Q ar. a f witnx L wvOut•sewn„ n r' a. s: 0. 30 I:O t t lM pwgl MJw.n..,. ,.:: V RIGHT Dry ILVON ALL MEN BY TNESS pEZSCNTSt That MELVIN I. i)GROrp, individually and as Trustee, Joined by his wits, GLORIA Kmarr, in consideration of One Doll&. ($1,00) and other good and valuable ccn- siderations to then in hand paid, receiptwhereatIsedged, do Acknowledged, hereby grant and convey unto the city of Dania, a munlclPal corpo- ration, as Grantee, and its assigns, a perpetual and exclusive right of wry for public road WrPe@@■ over and upon the following described lands situate in Broward County, ploridat The east IS test of the east half of the southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of section 14, Township So South, Range 43 Cast, and The Nest 13 rest of the Southwest 1/4 of the Borth. west 1/4 of the Southwest 1/4 of Section 13, Township SO South, Range 4E last. t LESS STATC ROM RIGHT or NAY To' have and to hold the east unto said Grantee and its assigns, together with the right to enter upon Bald land and to construct and -• maintain a public road thereon, with all such fills, cuts, drains, ditch@@ and other Incidents Mich the Orantse may dean necessary or convenient in connaction therewith, , IN NLTNSSS WOUCY. the Grantors have hereunto set their hands 3 and seals this Sth day of October, 19". Nltn@@ct tsLVII E. lt7A0ip, 1 lly ,i and as Trustee r ($CAL) GLORLt NDRa" STATE OF FLORIDA ) .• T CCVm of Dam 1kdt; SURIRf C� Ise :•f 00. 55, ),. 3LfcRE A, the unSertignad authority, duly,au Nos3zed to — administer oaths and take acknwled F=•grrnes, Personally apPsared :'RLVZy I, 'C20ya, individually and as Tru&tee, and GLCAIA MROII, hie wife, -both of whom are known to me, who, attar beinq by me duly sworn, acknowlsdgsd Unt they executed the foregoing RS9ht of :Ay Lured Igt'a the purpose therein eapreaaed, SUMS TO A= st,•y SCRIBED WORT ME, at &aid County and 4ti�,t1. . thla 5th day of Octcbar, 1960. Ij ,. V.•;. '. .... I � � 'btary/er SLC, Sate at /lorida At Large 1 � ► rimer t ' 3782 �71� W126299 Q 0029Wig A $ EMENT_ MAR 141007 q Planning October lase D�partmalt • '� City of Dania, Florida, a municipal .' corporation under Chapter 2578% 1949 9p6dal Acts of Florida Dania, Florida Dear Mrs: u coneideratloa of the payment to us of$10.00 and other good and valuable conelderations, receipt of which is aclmowledged by the aueution of this asemett, we and those holding by, thr or under us do hereby grant and ova to you and your successors the right to tn+tsu, maintain, is !Initllltilllli repair and operate an utdergr'ound storm drzl We system fneludlng, but a } not limited b, pipes, mains, fltiing4 coupling; valves and the necessary 4' d &ppartansecag aWtHctims n m the ioi�ae.�and' smi a-�su uce ght to th m�e.M.cer the t >>� proper ecastructlon, operation and maintenance of tha said system on, in m and under the property more particularly described as follows: - 22SS Big at a point located 30 1ee4 north of the smth line d the SO of the NEt of Sec- Una 34, Township 50 Soutiy Range 42 ELASto j Broward County, Florida, Lod 3M 50 feet 2 east of the w eat line of mad SEh thence, rue northerly parallel with the weal line of Old SE}a distance of 640 feet;thence, run northeasterly by a deflection angle of W to �. the right 160 feet, more or less, to the share- . line of a proposed lagoon and the erd of said S centerWA, t; together with the right and privilege to re-construct, Inspect, alter, improve, t� remove or re-locate such facilities within the above described prop". t In tha presence of: JVOL�W An„ 1 (Seal) GGa.w� �YY]�J0.1t WIL f;. M WSS '' R•, (Seal) OORo L W�fA at ppr� 'fr Wr H. idn": bM1 atvtratL rit,. aAdro„Dubev.6MnnT.al h.Tha �..t V.l,:•. 1 J�:. ii ti 1. ��:9782 �714• STATE OF IL=ois COUNTY OF COOK here cI, a Notary public to and for the county and state aforesaid, do by ertttir that before me personally appeared WD.LUU E. MURAWSn l and DOROTVY L MURAWSKA, husband and wits, known to me, and sc- knowledged the eracutfoa of the foregoing easement for the uses and per- poesy therein expressad. WITHEM my hand and official seal In said county and state this 9—day of October, IN& otary public My cc nmisstoa expires: ,1�JL12t F" 1t I y; "i � I 4'i f i _ DOCUMENTARY PLO A SURTAX 15 S!EASEUEWr **Ift� Mlbe/t , ?OWLE'4. 288545 w,a..uerue 19- TAfg��t nla h,aUMnudw•csndhy/r. 41.t,wfuau,.a.u 1638-6-720 eellon au �?)R9!OISIOf1W0 Ca �"30"3rl 'rtER No. - Township Rr 9 9 72 l� Poll Nor ht ltysm:A Flaws 33022 Raitsmiet 79 August 9 11 19 79 MAR 14 1007 FLORIDA POWER i LIGVrr COMPANY D "to i i A l 14LMILFlaws - a . a 1 Planning fldtlsa wawlg t ll4gf tots►1gY 2 loam :O a 3 C I Department Gentlemen: ► 0.OO153100 ear 1 Nuaa,ADM 33M TM undenlsud,owns(a) of the premiers described bdaw, In CONSWI 30011 of Nor payment of S1.06 and other good and Valuable consideration, the adequacy and tcceipl of which e IS hereby %eknowbdµd, gram sad glee to Florida Power i LiSM Company, Its Rem W*% estate, o marenory and sadµe. an easemeal for the communion. operation and malntesua of owrlsead and underground eleeirk Wi ily recgltks(including wires, piles.guys, tables. conduits sad appananms e"li meat) to be Installed has time to time;with 111f 4111111110 reconstruct. Improve-add to. enlarge,change the rke Of and R1110wj such Willike of any of them. OR the property N i a folio 6 to Loot &7a portion of a parcel of land in Section 34, Township 50 South, Range 42 East, more particularly described as follows That part of the Sk of the Silk of the NRk of the Silk lying North of the North right-of-way lint of State Road AIA, and% That part of the Sk of the SO of the WA of the Silk lying North of the torch right-of-way lint of State Road AU, less the Mast SO feet thereof. Said portion being more particularly sham and described on IllorNa (over) and, to the fullest extent the undersigned has the power to small if at all, over, along WA under the made, nnets or highways adjoining or through said property. ibe fotlowins debts are also granted to allow may other person, firm or corporation to atluh wins to any fdeil;iks Iwrvander slid lay cable and conduit within the right of way and to operate the tams for communkattons purpaa; to Ingress and vm to sold promises at tag tines; to class the land and keep It ekand of all in%%undergrowth or other obstructions wlthlo the easement and;to trim and at and keep trimmed and v'ul all dead, weak leaning or dangerous acts or We outside of the easement area which might interfent with or fag upon the lines or systems of communications or power transmission or distribution. IN WITNESS WIIERCOF,the undersigned Ilan=signed mud scaled[Ilia agreement amr•_AusnL r 9 , 19_19_. 1 p, Aolivcred t .?'A I00. b l'!•, OA.YiA JAI ALAI PAUCE. INC •�, � By, v�7t Ir/ ny ar, reaslotwr W . Allett: 140 :, (Corporate Sal) , sac s A V ', Gr I rTAmr OF tLOa1nA AHDCOUNTI Or BRONARD I HEREBY CERTIFY that Wom sec, personally appeared Stephen ? Snvder end Quite-p. Bell is ' , <;, t v�lY P vdent aid --------- S:rluy. :f Dania dai Alai real .;;a, Inc: NJ je a d:x. 1! d o ad a au d l id1 Lira nimvl (l • n or "t s,e lj C My C)..ITh;!CO :xpirel: �I.amnxlcrA11CO=lauwra Notary Pu�State of orida' .C �I i,SyyISSIOh Wfi6 WA is teal FOaY 11M� 'IC:LJ aaY CnuAt 14.taLVMI r3s Power and Light Company drawing labled Exhibit "A" dated July 17, 1979, attached hereto and made a part hereof. Said land situate, lying and being in the City of Danis, !toward County, Florida. 'r ` E ii j. r ^• 1 �^ ATF CRLEY r.ao��•.•' rAA.., • 1 •,uL cra.A. . Cf✓f I dog:�Vs✓/ii% aCss✓/ 1 iA Cat Alai f i0�►44 IV7ti1':slw/fiwVr!a8'!!.4fAL � --i0 tfti/il�iEau�n4 • .vrw va�61 / / i x \• g 00 � Y !zoa�ore lZoa�G ,� % et ! /';(4Yl1!%+ NE%I of iE✓•J o�S,•CCio.r 34•50.97� .0 ' 1 +.:aaco 14 me cmclA1 AC ag ?' 01 6AMAAC C9UOI1,11c.uCA GAAH&I W, WATT COQNIf AWFRIIGICI I • ------- wuncy "mmyss' 0epolyC- lark- ' 1033' aecoraed 01/27/2005 at Attachment 1 ;MAR 14 1007 Iteasm remrdsd wpf to r:tig Documentprspaar br DECLARATION OF RESTRICTIVE COVENANTS This Dsdatsdon02Z d Rsa RAG Covanant•, made this day d FlorMis donD �addroag Ili 01 East�' IINeadt Blau CIA JAI ALAI, a Fbrtda 33004. and SUMMERSPORT EMERPRISES, U.Lp. 90i E Dania gem Boulevard, Dania Beach. Fklrkle 33004 harsf u W' - b 'PDania Bach FACILITY^,for the tlenaf t d BROWARO COUNTY,s State d Floriud�FloridaFl�1 with,a Post oFI►a addroas at 113 South Ave,Fort WHEREAS, He P ARiMUTUE L FAG L RY'b the e one certain after of that al at�tadedhlerebbenkdInmrparetedhseryk ( aPSI n � deacbod In Exhb q ropaYend WHEREAS, PARIMUTUEL FACILITY hereby covenants Nd PARtMUTUEL F,of 2 b i am Nest b s�*: that the pfops,ty is free and dear d atl EL FACILITY has good fight htand with the tons d this Dedara and that p RIMUTUEL FA CIU and Ia*" a �+: that sprees b fatly Warrant to til Dedaratio against the dakms of al Persons whomsoever,and fend Nb Declaration EREAS,b the n. the residen Florida voted to adapt an wend nt to t general a Florida Constite at a referendumution so thanto of the Sto to Of to 0f _ authorize thenoperatlo could nvoIf slot machines exciusevelyn In order at Ong li decide censed Parirnutuel Facilities located In aroward County and WHEREAS, COUNTY and PARIMUTUEL FACILITY remgnize that each entity is concerned with the health and general welfare of the residents of 8 O relates to addition of slot machines within the PARIMU ward Count'as it TUEL FACE 8rO/; and A:-Pi Cv_9 1pQ 104 A-3\ 5.:�... ..;.•.1 C7 Cc..Y� TO ca�rriptton: Bro>ra rd_`t: Doe_zent-3ooi[.page 31953.1115 Page: 1 of 31 CeV 1 104679578, OR 3H la9b! YN ♦v+a, r.y" • ..• .• WHEREAS, COUNTY and PARIMUTUEL FACIUTY recognize that each entity impacts ds 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.trafAc,crime, congestion,and the quality of Igo In Broward County,and NOW,THEREFORE,No undersigned agree and covenant to the following: t. The recitals set forth above are true and correct and are Incorporated It these restrictive covenants. 2. In order to assist COUNTY In of sel" and defraying govemrhianal Impacts, i Inducing but not Ilmted t, the costs of regional law enforcement Moran sarvicae, mass transit operation, end t mitigate for raverum such a port fees that COUNTY will Incur as a result of PARIMUTUEL FACILITY'S slot machle operations In Broward County, PARIMUTUEL FACILITY apnoea t pay COUNTY I accordance with Me Agreement Merainaftar refereed to as'Agreemant')entered It between COUNTY and PARIMUTUEL FACILTY,attached heft and mode a part hared as Exhibit V. & COUNTY. through lts Board of County Commissioners, Its suceessaa and assigns, Is the bwatit lary of thew restrictive covenants and as such. BROWARD COUNTY may entree thew restrictive covenants"Wad fM Property by action r low or in equity, including against any person or parsons. ertllty, or enlltlea, viclatlg or attempting to violate this terme of this Covenant. 1. Any failure of COUNTY to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter. 5. Invalidation of any one of these restrictive covenants by Judgment or court order shall In no way aged any odsr conditions which rwnain I Ail fora and effect, & This Declaration of ReWfctive Covenants shed be recorded In the Public Records of Broward County, Florida, and the provisions heed shall run with the land and shall remain In-ful force an egad and be binding upon the undersigned, and their heirs, legal representatives, personal representatives, grantees, and assigns. Including any person or entity taking He to the land. IN WITNESS WHEREOF, PARIMUTUEL FACT ITY has execuled this Oeclaration of Rostrictive Covenants on the ajg'day of Arj 2005. 2 - ,scrip 3J953.I9I5 ;,age: 2 of 31 ".a oats„i. I -- I 91 r, Page 3 of 31 PARIMUTUE FACI try i Witnesses(If partnership); THE ARAGCN GROUP,INC.,d!b/a DANIA JAI ALAI.a dMsbn of The Aragon Group,Inc.,a Fbrids corporation (S� ✓�,�.�� gY PrUd names C�OACST.frt/t'iw. (Signature) — '} Pr M name: Stephen F.Snyder ;tom'www Me President (S atlas) Address: 301 East Dania Beach Boulevard Print nante:�� ,Y,Je Dan'@ Beach,FIWS 33004 W? 1l day of �� ATTEST(if cwi arationk (Sarnetayslgnaturs) (CORPORATE SEAL) Print Name of Sea stay ACKNONfL ^� vENT.CORPO TION/P w-- w STATE OF ) COUNTY OF )SS. ) The fO1e90ing Instrument was ackw ladged bafore me this �A day of Cm Ina., , � by Stephen F. SrrydOr- as President of The a Danis Jal Mai, a dtvlslon of The corporatbn,on behalf of Ute oorporatbry Aragon Group Inc.. a Florida ( 1PGr"aliy known to me,or Partnership. He or she(s: ( Produced identrBcadon. Type of Identificatlan produced (Seal) NOTARY PUBLIC: bfy commission expires: aA n—�_rnrt name. LF�Bua,Rstm z!'ilytf S. 3 i Oexrtptioo: Bro wa rd,?L Documsat-gook.Pa a 3 ',.,,__-_-• g 9953.1915 Page: 3 of 31 C1T7 s 104679578, OR BR 3a953 PG 1918, Page 6 of 31 1 PARIMUTUEL FACILfT`L Witnesses(il pannershipr SUMMERSPORT ENTERPRISES,LLLP,a Florida limited partnership Qw4aBy -� (Si to (Signaturo) Print name: �M4t�rE1-�, 1,. Prw nun« Stephen F.Snyder Idle: as President of The Aragon Group,Inc., the general partner j /fjr� Address: 301 Eat Dania Beach Baulewrd (S gnature) Danis Beach,Florida 33004 Pnsmegc7M t75�Rt�efs4ce rint j 1/ day of 20ar_ ATTEST(lf corporation$ �i6�1 w4r (CORPORATE SEAL) Print tame of S ture) �rAoY A460eA43 Print Name of Secretary er -i0yy LEDGMENT-CORPOQaTIONIPARTNERSHIP STATE OF )SS COUNTY OF�iO,WGf0j) The foregoing Instrument was wAnowledged before me thls,?ZM day of 20,rby Stephen F. Snyder, as President of The Aragon Group, Irrtr, general partner of Summsrsport Enterprises, LLLP, a Florida limited paMerahip.on behalf of tM corporation/partnership. He or she is: (X)penonally known to me,or ( )produced identification. Type of identification produced NOTARY PUBLIC: (Seal) �Z� a� %ly commission expires: Print name: e o W&a y�..►r„moovly .f ram..ua,amo. 4 Do icriPtioa: 3rcva-1, IG 0otuc&ut-::oak.Dag& J )93.1915 Page: 4 of 31 - - - . ray o et 31 Exhibit A '"IL JAI ALI 11417: otACAIFTI0V iSa 3 } of the NW } of the NB k of the $; }� the y ; o! the ofof he 'is } of rL� St k. Cho A } Of the SS/ } o! the hl= k k: cad the N Ye of the Sd } n! the N6 k of the 84. o! Jeocloe 34, =ovneblp 3o Sourb. 1=14 42 taea etata lal 20 scree, tore or lase. 3uhjeae to a perpetual A.d "elusive right-of-reF for public rrad Fssrpnaee over and upon the folleetssl daetrlbed Imd; to-vl.t: fie } of the SW } o! t us % of the 31, } and the v b or Cho Mt he } of the E! SE k of lattice 3e. To"skip 50 ► o! the SeutA, ltmfa'42 =:ec, eatd rlZbt ol•veF betel a strip o! ]and 78.84 lee. vide oe the Vast and aed 32.73 feet MI(fe :n the taec and, off of the south aide Of the ab o doscl: bed trace scram, more Cr l of land t d Ceatalainl Ltd ess (ee;d Prepert. lr erovard ComtF. Florida). De.criptlon: arcla,d^PL a rormeat-3ook.Page , .... 39953.1915 Page: 5 of 31 - -. --- --• �� <v, raga a oC 31 exeseft s AGREEMENT among BROWARO COUNTY and i THE ARAGON GROUP,INC.,drwa, DANIA JAI ALW,A DIVISION OF THE ARAGON GROUP,INC,and SUMMERSPORT ENTERPRISES,LLLP REGARDING OPERATION OF SLOT MACHINES I IN A PARIMUTUEL FACILITY Doc=aut.-Book. Page 13751.1115 :ege: 6 01 u CFN 4 104672519, OR 3X 3P^:3 PG 1921, Page 7 of 31 AGREEMENT among BROWARO COUNTY and THE ARAGON GROUP,INC.,dlbfe, DANIA JAI ALAI,A OMSION OF THE ARAGON GROUP,INC.and SUMMERSPORT ENTERPRISES,LU 2, REGARDING OPERATION OF SLOT MACHINES IN A PARIMUTUEL FACILITY This It an AgresmenL made and entered Into by and among; BROWARD COUNTY, a pditl d subdivision of the State of Florida, hereinafter referred to as COUNTY,- AND THE ARAGON GROUP, INC., dfW% DANIA JAI ALAI, A DMSION OF THE ARAGON GROUP, INC., a Florl la corporation,the owner of the red properly located at 301 Ead Dania Beach Boulevard, Daris Beach,Florida 33004.Browerd County.Forldk at which slat machines may be authorized punaut to Attics X,Section 23 of the Florida Conatkgdon, the operator of the padmutuel facility at which such slot machines may be authorized. and the holder of the parinutud permit Issued by the Florida Deperhrwi of Business and Prdesabnai Regulation pursuant to Chapter 560 of the Florida Statutes,and SUMMERSPORT ENTERPRISES,LLLP,a Florida limited partnership,hereinafter referred to as'PARIMUTUEL FACILITY." WHEREAS, In the November 2004 general election, the resident@ of the State of Florida voted to adopt an amendment to the Florida ConstNutlah ('Amendment 4-) 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, codified as Article X, Section 23 of the Florida Constitution;and WHEREAS, pursuant to Resolution No. 2005Q8,on January 18.2005, the Board of County Commissioners approved and authorized a county-wide special election to be held on Tuesday, March 9, 2005 (the 'Special Election*). for the purpose of submitting to the qualMed electors of Bmward County the question of whalher to authorize slot machines in existing, licensed padmutuel facilities as provided in Article X, Section 23 of the Florida Constitution(the*Referendum*):and O••.rcrigC:cn: 3ro+arl,14 C3aumec7-daok.Page 39953.1915 Raga: 7 of 31 ---- - ---- --• , -+.. 'osaj ru, izz, Page B of 31 WHEREAS, I the Referendum Is adopted by a rnaJority of the qualified electorate voting in the Speclal Election.slot machines shall be authorized(In to ally a In each of and kilowin9 opted In Brows rd Cam Florida County, e (Individually ecltectivety,the Fadlrtlp'k I IQualty a 'FecYlly and Hollywood L:ywh ack f131 North FyHallandale B09Gulfstream 901 S.FedeHallandale B9 Dane Jai AM 301 East Dania Beach Blvd. Dania Beach.Fbrkls 33004 Pompano Park Racing 1800 SW park Pamper*Beady,Flortds 33069 :and WHEREAS.d tit♦ Referendum is adopted by a maJorty of life qusUffed steetorate `ro&9 In fSpedal Election,the FwMdss may be developed of modified to hcorporate slot mach SW WHEREAS, COUNTY agrees. that tolbMytg passage of the Referendum, tine mod'dkatl men lot on of redevelopment of the Facilities to Include s machines wit u such rthaf public 4taest by provldhg eeor*r 1110 stimulation and ensbting redevellopmar Facilities and the geographlo areas surrounding the Faclities;and t of the WHEREAS, PARIMUTUEL FACILITY may desire to modify or develop accordance with land development regulations as set forth In applicable federa Its facility Inl. flats and local law,as may be modified from time to time.and WHEREAS, COUNTY and PARIMUTUEL FACILITY recognize that each entity is concerned with the health and general welfare of the residents of Browanl County,and WHER S, COUNTY and PARIMUTUEL FACILITY Impacts the health and general welfare of the residents of Brcwa�nuntty::thandat �� entity WHEREAS. COUNTY and PARIMUTUEL FACILITY recognize that the residents of Broward County have legitimate concerns over any increased development, traffic, crime, congestion,and the qual,ty of life In Broward County,,and 2 C�acr!ptiun: aro:.ard,?; ➢o:urrent-gook.page Ja953.1935 page: a of 31 CF1r 1 104679579, OR M 39953 PC; 1923, Page 9 of 31 WHEREAS, PARIMUTEL FACILITY is willing to antr Into this Agreement as a responsible corporate dozen of Sroward County and in recoglutlan of the fad that PARIMUTUEL FACILITY s long-term business Interests are bast served by aeeommoda"the tsgitimate needs and concerns of residents of Broward County,and WHEREAS, PARIMUTUEL FACILITY deskes to assist COUNTY In of w&q and defraying governmental Impacts, Including the costs of regional law sdorcemenh human services. mass 1=0 ope1dw. and to mitigate lost revenues such as pat fees Mat COUNTY wtil Inaa as a result of PARIMUTUEL FACUMs allot machine operations In Broward County;and WHEREAS,this Agreement represents a good faith cancsrted and negotiated effort on the pet of COUNTY end. PARIMUTUEL FACILITY to achieve a poaittw and OwNtr rcIft resolution of significant Issues that could have otherwise nags"Nnpscted the relationship between COUNTY and PARIMUTUEL FACILITY Its the detriment of both pard"and the midents of Bmwsrd County gonstatiy, Instead,tics Agresmant i sheets an enhancernsnt of Met relationship and a continuing desire by COUNTY and PARIMUTUEL FACILITY to take a proadve approach to Issues for fit benefit of the residents of Browwd Coady,NOW THEREFORE, Each party herob agrees that good and valuable consideration has been given and received by such party as consideration for entarkq Info this Agreement, the adequacy i and sufficiency of which the parties hereby aGtnowledGe. and further In consideration of the mutual terms, c0nditlen9, promised. covenants, and payments hsrothafier ash forth, COUNTY and PARIAAMEL FACR-ITY agree as fdtows: ARIlS.LH1 DEFINITIONS AND IDENTIFICATION& In addition to the tern defined In the Whereas clauses above or in the body of this Agreement,the folowkhg definition shag apply herein: 1.1 Agreement-means this document.Articles t through g, Inclusive.Wong with any attachments,exhlbits and documents that are expressly Incorporated by reference. 1.2 Board-The Broward County Board of County Commissioners. 1.3 Contract Adminlatrator - The Broward County Administrator or the designee of such County Administrator. The primary reaponsibilides of the Contract Administrator are to coordinate and communicate with PARIMUTUEL FACILITY and to manage and supervise execution and completion of the terms and conditions of this Agreement as set foM herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the Instructions or determinations made by the Contract Administrator, provided, however, that such 3 coa_rirt! 1. 'rornrd,,'L .7oc=*nc-300k.Page 33953.1915 Piga: 3 o. y[e, page 10 of 31 Instructions and determinations do not change the tars and conditions of this AgreamertL 1.4 County Administrator•The administrative head of COUNTY pu�uant to 3 edlone 3.02 and 3.03 of the Broward County Charter. 1.3 County Attorney - The chid legal counsel for COUNTY who directs supanvlses the Or of the and Broward County County Attorney pursuant b Section 2.10 of the t.fl Fac"-The terns Tad W and •Politico'sheA have the m the Whereas dauses,aboviL mNrrgs sat forth In 1.7 Gross Slot R46nues-The term 'Gross Blot Revenues' @hart mean the total of wsgere received by a slot machine leas the sum of (1)cash or salt equkalaMs paid out lo patrons as a direct result of playing a slot machine Which en paid Eo pptrrchaw wtmltl fund Pdzn Y Pak out by the abt machine. and (2) cash psi ill dined newk of playlrp a slot machine; aridyable b(3) the cost d patrons over/ Dsnlod of time as a IdIsWbuW rxiude as bb aYWbon as tit direct result of playing 1 slat m k MV it'do"b Denser,food,rsfreahments,1a N or JWAWs, 1.8 Parlmutud FaGilty- The term •Parirntrhr al real property located at 301 East Danis Beach IBaWd mew tins owner of fir 33004, 8roward County. Florida, ao dasonbed ant , Dania Beadt. Florida Attachment 2, at while slot m8. as d may be wtiuor� attached haz as Section 23 of the Florida Contrilib on,the operator of the Purtusnf b Article X such slot machinesaridthe holderDarInurluel faddy 2I whldt issued by the Florida Department Business and Profaplonalal ReguP atj p to park usuarri and sa� �5W Of"FloridaEntak tss and shall also Include any heirs, successors and Is allowed to conduct tB�w', LLLP. Is a hoksr of a paAntutuet permit therofors Inducted In the termsp mw )ai 8181 In Broward Count', Flaye. and is arlmutual Facility.- ONDITIONJ FOR GROSS St OT REVENUES PAYMFN 2.1 Until such time that PARIMUTUEL FACILITY commences to operate slot machines and during such time that PARIMUTUEL FACILITY does not actually operate slat 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 sat forth In Section 4.1.1 shall remain and continue until the amount of Sic Hundred Twenty-five Thousand Dollar(E625,000.00)has been fully paid to COUNTY. 4 7,`n mri Del on: B,-ovard,BL rccczent-Book.page 3g953.I9I5 page: 10 of 31 Ur1ar: 234124A for.,mwnr. CFlr 1 104679579, OR 3R 3801S3 PG 1925, Page 11 of 31 i i ARTICLE 3 This Agreement shall be for a term of thirty (30)years,begMN on the date it Is fully executed by both parties, and shall be automatically renewed for successive 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 arty such tarn or renewal term. ARTICLE 4 PAYMENT AND OBLIGATIONS OF THE PARTIES 4.1 To assist In defraying the cost of local government Impacts, 4tdudkV the affects upon quality of Ale and community values,costs and to p mes which COUNTY will Iheur as a result of PARIMUTUEL FACILITY's development and operation of slat machines as autlwrhed by Article X Section 23 of die Florida Consftdh%and for other good and valuable consideration, PARIMUTUEL FACILITY agrees to pay COUNTY,the loWAV amounts: 4.1.1 Six Hundred Tventydlve Thousand Collars (S620.000.00) shall be paid to COUNTY by PARIMUTUEL FACILITY no later than September 30,200L A failure to gmsly pay the amount due will result It the Imposition of an admi,istradve fee ate,percent(10%)of the amount due. In addition to the adminbbatNe fee.Interest shalt aowe at the rate of one percent(11%) per month of the amount Is due urd the amount is pald In total. PARIMUTUEL FACILITY agrees chat ten percent(10%)on the amount due is a reasonable administrative fes. This provision shall survive If this Agreement ends for any reason. WM h tan (10) days at execution of this Agreement. PARIMUTUEL FACILITY shall provide COUNTY with security In the form of a surety bond or _ an Irrevocable letter of credit,which Is acceptable b die COUNTY,and which will guarantee PARIMUTUEL FACILITY'S payment of the Six Hundred Twenty-five Thousand Dollars($625,000.00)as set forth above. in the event 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. 2005, COUNTY shall be entitled to draw against the seamy for the amount due. PARIMUTUEL FACILITY shall ensure that the seaudty remains valid and in full force and effect until PARIMUTUEL FACILITY S obligations set forth within this subsection are fully satisfied. Agar the total amount of Six Hundred Twenty-Ova Thousand Dollars ($825,000.00) is pad 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 5 �CIon: 3.:r+rt rd,SL .7,:cir.�nt-7aok. Page 38353.1325 Page: 11 0! 31 ,,.. �n icvzj PO r28, ?age 12 of 31 — reimbursement shot be sub'sct b COUNTY* receipt of documentation acceptable b COUNTY of the said amount paid by PARIMUTUEL FACILfTY. However. said amount to be Paid by COUNTY to PARIMUTUEL FACILITY S1B,7exceed Eighteen Thousand Seven hundred Filly Dopy 4.1.2 PARIMUTUEL FACILITY ahal make a monWy payment to COUNTY In the amount of one and on"aY percent(1.5%)of the a tiw mala amounts of al Gross Slot Revenues generated from each and every slot Mao autfhortted pursuant to Article A Section 23 of the Florida Conafpu0om Insl �Grossted bySbt Revenues from amid PARIMUTUEL FACILITY km+achkhes COun Y Or reach TWO at the red Fit Facility Millon Dollars (11250,000,00o.00) on an annual basis. Said annual basis $hall be PARIMUTUEL FACILITYs fleet year. A subsequent change of PARIMUTUEL FACIUTY's Meal yew shall not alter the anaaref bask unkes agreed b by the paAse. PARIMUTUEL FACILfTYs months payment she, red Filly Millon Doll 2 Dollars (1750.000,000.00) to COUNTY in any flea) Gross SM Revenues in Oxcess of Two year, PARIMUTUEL FACILITY shall no"/COUNTY b richwriting d its fiscad Yaw pnotp orlad withffm n=d8y$of the sffscdve date of th Agreement end a S*ctim 4A.2. Payment shag be accompanied by a form to be Promulgated by COUNTY* Chief Financial Oftw (or successor), which hmt we reconcile wagers reoelvad from 3M machines to Gross Slot Revenues and any other Payments required under this Agreement Makudkp shy credits.Prepayments, edmkntstratlw tees Or Interest due, or other ad)usbnenb of said revenuIes and Said signed steal ids submitted an xfW Me of PARIMUTUEL FACILITY. Payment k owed M the Staten Flo l or any p of whether any form peAafrhkp b revenues generated from slot machines���m Is acc l k to COUNTY*Chief Financial Oftw(CFOL then PARIMUTUEL FACImay utlln said form to Mill its obligations under Ute Paragraph, If COUNTY CFO requires additional information b Percentage payments of Gross Slot Revenues �r�t racythe Ibis Agreement not otherwise set rorth on the state form, CFO may require that the PARIMUTUEL FACILITY submit a supplemental forth containing such additional information. 4.1.3 The monthly payments required by Section 4.1.2 of this Agreement shall be due to COUNTY an the Meenth (15th) 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 (as of ten Percent (10%) of the unpaid delinquent balance; however, It shall never be less than Fifty Collars ($50.00), in addition to the adminlstrallve tee, Interest shall accrue at the 8 j "1QCrP hoar lrc va rd,FL cazux9nC-Zook.Page 38953.1915 Page: 12 of 31 CFW 1 104679579, OR 3R 3Pa53 PQ 1927, Page 13 of 31 f rate of one percent(1%)per month after any amount ts due until the amount of the delinquent balance is paid in btaL 4.1.4 COUNTY is empowered when any payment becomes de0nquent to leave written notica b PARIMUTUEL FACILITY of its falurs b recalls payment within the time roqulred and.II krawn b COUNTY.such no6ca shall sell forth the Art amourd of the payment due,with the Intend, adirkistratin fat,and cost of collection, COUNTY may enforce, by any means available b IL the eoilectlan of payments Mrposed by this AgreemsnL 4.1.5 It PARIMUTUEL FACILITY does rat haw a written agreement with the Murddpaft R is located In by March 1. 2006. ll+es, In that event, PARIMUTUEL FACILITY shall pay to COUNTY one and sevat-teMM i percent(1.7%)of Gras Slot Rewrtues until Gross Slot Revenues from slot machines reach"Two Hundred Fifty Million Dollars (S25M000,000.00)an an annual basis. Said aural basis shall be PARIMUTUEL FACILITY'&fiscal year. PARIMUTUEL FACILITY'a mond*psr oit shall kweass to two and orwhalf percent(2.3%)an any Gras Slat Revenues In mom of an amount of Two Hundred FRy Milllge Dallas (t260,000,000.00)to any ilecal yew. COUNTY shal th" dWdxft such mvernues to the Munldpeft. Thee amounts shall be In 600on to any amounts owed pursuant b Sedbn 4.1.2. This Section 4,1.6 shall tenninsts and no longer be In ~ when an agreement betw*w the municipality and PARIMUTUEL FACILITY has been entered hat& 4.2 Ad payments regalred under this Agreement shell be in the name of Browaid County and mailed as directed below. Chief Financial Ofllaer(or successor) Governmental Center,Room 513 115 South Andrews Avenue Fort Lauderdale,Florida 3=1 COUNTYs 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 ditfereM manner for delivery of payment 4.3 If this Agreement ends for any reason other than as provided in Amde 3, the requirements of Section 9.8 shall be applicable. 7 Jnrar1p-'. 1u ?6 r_ocur_ur Book.Page 3ar53.1915 ?r1e: 13 . Sze, ?age 14 of 31 fees 4.4 PARIMUTUEL FACILITY shall be entitled b a credit against road or bust from or Transit Oriented Concunertcy System fees fp quare footage comroAW ddevelopment( a p1eN use to slot machine use. Ar,y Csredro granted for existing would have bean **V pest gmAsl use)shall be determined at the time payment e>dstl Oevdvd�mares Codes The 8rowerwd Cainme a1ons el the Smwlrd pment Code defines Land y Land Davelo dsmoA�shsd no/itxsthatn vacant t structures and provlous development elgh et en r tha final apPdeatlon for Placement of a nota�tlon an���of a pat Or buildI n, parmy spprovat Pint a budding 4.5 PARIMUTUEL FACILITY shad aim be entitled to the following credits for develoTYaeng related fees assessed against the PARIMUTUEL FACILITY by XOUN i 4.5.1 Credit against ed by tits a sit Oriented ConcurmIcy System fees due and as TWO Oriented MWlu�County Land Development Code when and�Y the footage Within PARIMUTUEL FACILITYbum or ONOCtIvO Utilad forfor the aquae Modtt*& PARIMUTUEL FACILITY Is located within the eSSoulmd TranSM sit � � and h vWtt lox trinkbase oonour�Y is" shad be set wide for sbl msdth W botega d IM Bros wdhh the facilty Thawnd Four Hundred FMIyFour Do�edS9 64)00Tm"ay use fe torte ( )Per 11100 squsro feel 4.5.2 Unt1 such time so tits Transit Oriented Concrrnsncy System beeontea aRadh% credit against applicable Road or Transit Wiled Fess due ere o"ing as provided by the 8roward Courtly Land Development Code for the square footage within the PARIMUTUEL FACILITY budding of bujildlitge uylizW far slot mechlnea. The credit for transit Impact fees shed be calculated based upon the gross square footage of the area within the fscyly sat aside for slot machines. The current fN far eomrmenld use l ►Thousand Swan Hundred Sbdrone Dollars ($5.761.00) per 1000 aqu a Fhro ive 4.5.3 A credit against fees set forth within the Bmward County Administrative Code for the administrative processing and review of applications for development permits submitted to Browarl County for review and approval. 4.5.4 A credit against fees set forth within the 8roward County Administrative Code for the administrative processing and review of applications for traf5cways plan waiver requests processed by the Broward County Planning County which are requested by PARIMUTUEL FACILITY. The construction or renovation of principal buildings (as such are dented by the Administrative Rules Document promulgated by the Bmward County Planning e C �.rfpttca: 3row3rd=P6 rccL,-act-Bock.Page 13253.1915 page: 14 of 31 cFN i 104679573, OR 9K 3P453 P43 1929, Page 15 of 31 Council)on PARIMUTUEL FACILITY's site which are not covered by Section 4.4 above, including but not Wted to, hotels, retal, or commercial uses shall not be entitled to a credit against applicable fees axcept as set bt h above for the gross square footage of the area within the facility set aside for slot machines. 4.6 If the Florida Legislature passes any ad of law astablehing an aftmative obligation ` on the part of COUNTY to regulate slot mad** operations, PARIMUTUEL FAWN hereby agrees to reimburse COUNTY for Its pro rate share of the actual i expuuN hawed by COUNTY attributable to such ad of law. For purposes of this Section 4.8. PARIMUTUEL FACILn Ya pro rate share shall be based on the total number of slot machines regulated by COUNTY. PARIMUTUEL FACILITY's pro rate share ehal be calculated by multiplying the total actual expenses by a fr cft% the numerator of which shall be the total number of the Facill 's slot machines operated by PARIMUTUEL FACILITY at We Facility and the denominator shall be the total number of skit machines regulated by COUNTY. If the Florida Legislature laps to establish regulations relatirp to the Imphmentallcn of Article 14$action 23 of the Florida Constitution,or H regulations have not become effactive by,)* 1,2W5.then In that event,PARIMUTUEL FACILITY agrees and acknowledges that COUNTY shall haw the autho ft to establish such reputations. If at any tlmal In the future, the Florida Legislature or state agency relrWishes In Aghk autlodty or acluslly ceases regulation of skit machines authorized by Article X,Section 23 of the Florida Constitution,Im PARIMUTUEL FACILITY agrees and acknowledges that COUNTY shall have the su"to salabllsh euguladms of said slat machines, PARIMUTUEL FACILITY hereby agues to reimburse COUNTY far its pro rate share of actual axpertaes lr=mrad by COUNTY as provided for above. COUNTY ack wMadges that I has no authority pursuant to it* current Chapter SM. Florida statutes, to adopt regulations relating to the operations of padmutral rad ttea 4.7 Board shall appropriate annually In its budget a portion of the funds received pursuant to this Agreement to establish, enhance,or Improve bur routes and bus stop improvements at or now the Facility. In making the appropriation.Board shall consider customer demand and usage and PARIMUTUEL FACILITY needs. 4.8 Board shell appropriate annually In its budget a portion of the funds received pursuant to this Agreement for the purpose of destination promotion which will Include parimutual facildles as a part of Sroward County's tourism promotion program. In making the appropriation, Board shag consider overall program needs and goals. 4.3 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 FACILITYs location. The declaration is attached 9 I f Daxript4: e: 'arc. .:d,:5 3oa=m -,t-Hook.Pa93 33953.1915 Pages: 15 of 31 do, Page 15 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 cr dift�ioW�s oP MUTUEL FACILITY pursuant to Article 4 shall only be applied COUNTY and the �Y Payment based upon Grose Sbt Revenues owed to DeYment Punarentt to Section 4.1.1. PARIMUTUEL FACILITY she' for s� al amounts ow 1 which a credit meal be giver:however, e shall only be aWled againd monthlymonthlyPayment homIlrtum Gross SW R venues to be received %mm PARIMUTUEL FACILITY. 4.11 PARIMUTUEL FACILITY agrees that d wall not seek its approval of the Deperbnrrnt offer state Of l3usins'11 end Professional Ragulaft%Division of Pad rnuWM Wagering or any agency Permitted to authorise the relocation W slot machine cpsrsdone, for authorisatlon to move I whole or In Pant the Physical location Of the operation of slot machines authorlaod by Aricle x, Section 23 of the Fkrids Constitution to a location other than its location Identified In this Agreement without the prior written consent of the Board. This shall not pro" PARIMUTUEL FACILITY from demoaehlg of renova" the current building within the codlnee of the current bcatbn as $at tbrth within the lapel dasct%Abn attached to the Declaration of Restrictive Covenants attached hereto and made a part hereof as Attachment 1. AQ GOVERNMENTAL 09YERNMENTAL I MU „ti Nothing herein Is intended to serve as a waiver of sovereign Immunity by COUNTY not shad anything included herein be construed as consent to be sued by third Parties in any MOW arising out of this Agreement AdMQ 9 INDEMNIFICATION 5.1 PARIMUTUEL FACILITY shad at as times hereafter indemnify, hold harmless and, at County Attorneys Option. defend or pay for an attomey selected by County AHomey to defend COUNTY, its officers, Board members, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any Including all appellate or administrati kind, Including attorney foes, court costs, expenses, and Judgments through and cluve proceedings, or both, caused by any conduct of,or negligent act or omission of PARIMUTUEL FACILITY,its employees, agents, servants, or officers, accruing, resulting from, or related to the subject matter of this Agreement Including, without Ilmkadon, any and all claims,demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or Property. Notwithstanding any other provision In this Agreement,PARIMU TUEL FACILITY shall have no obligation to indemnify,defend 10 i ,erlpeton1 3rowrd_PL Cocu.acnc-300k.P39e 39953.I915 Page: 16 of 3I CFtn a 104679578, OR BK 38953 Pa 1931, Page 17 of 31 or hold harmless COUNTY. its officers, members d the Board, agents, servants and employees against any daim,loss,liability.and expanda"d any kind caused by action on the part of COUNTY or any of Its cMeens membsrs of the Board, agents,ltsrvanb and employes due to COUNTY'$we or misuse of my revenues paid to COUNTY by PARIMUTUEL FACBITY pursuant to this Agreement, 6.2 In the evert of litigation. an administrative pmc•e M or both, ari ft out of or in crorsucton with this Agresmenl, kAdrg as to Its validity and enformxablty, is bought by a third person namkq COUNTY its officers, Board memb•n. agent, servants,and employes,as a defendant,PARIMUTUEL FACILITY shall at all tknu for attorney selected County hold harmless A ttorneynd. at�end COUNTY AllorneYs�.�oekea,B defend oroard me any ey al da bases and rse wxft of arty kid, i d l court IIablltee, a , uses,and kdgmants through end kndudhg elate ac fees, court cows said IlBgaton or administrative proceeding. Nobwlhetadlrq any other provhiat in this Agreement, PARIMUTUEL FACIUTY shal have no oblgaton to IndermAy. defend or hold harmless COUNTY. Its oticars, member of the Board, agent, servants and employees "Ind any daim, bee, Isbay, and exiled kn of any kind caused by action on the pat of COUNTY or any of Its omcei s,members of tha Board. agents, swvantil and employees due to COUNTY$use or misuse of any rwwwa paid to COUNTY by PARIMUTUEL FACILITY pursued to tde Agreement 8.3 The pnovf,bns of this Aidde 8 shal aurvhe temnlneton of othx and to this Agreement aid shell continue until the w4 of any and Imbdon for any and all an court actions d administrativero applicable statute• of fled against COUNTY, Its of Tars, Board members, sa nsift and employees, Ftowever,d COUNTY Is sued and the action Is one that PARIMUTUEL FACILITY would have had an obligation to defend purswnl b Article 8, and COUNTY raises the defense of statute of limitations,then PARIMUTUEL FACILITY shall Indemnly, hold harmless and defend COUNTY, ka officers, Board members, agents,fervent,,and employees as required by Sedlons 8.1 and 8.2 t a mutt fafh to dismiss said action. 8.4 Notwbstandl g the foregoing and suWad to COUNTY's rights set forth in this Section 8.4 and Section 8.5. PARIMUTUEL FACILITY shell have the sole and exclusive authority to defend COUNTY, Its of Aws, members of the Board of Carty Commissioners, agents, servants, and emptoyees In any proceeding covered by this Article 8 and to direct the defense of any such proceeding when-the relief sought in such proceeding has the potential to adversely impart slot machine operations at the PARIMUTUEL FACILITY. For the purposes of this Article 8, a proceeding shall be considered to have the potential IO '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 Sid Revenues generated by such PARIMUTUEL FACILITY. If COUNTY and PARIMUTUEL FACILITY are each named as parties in any litigation that could 11 Da url�t Loa: dror�r.l;.'L _cc=sat-3ook.Pag4 1a953.191i Page: 17 of 31 vw nn 39953 PG 32, Page 19 of 31 Adversey Impad Slot Machine Operations art COUNTY deems it to be In Its best Interest COUNTY may at its ads option, sled to hire a separate, Independent attorney atCOUNTY's expense to represent COUNTY'S Interests in such litigation. 8.5 COUNTY shall be fully and timely apprised and kept informed as the Illigatlon Progresses by PARIMUTUEL FACILITY of any litigation In which COUNTY Is a named Patty and shall have the right to monitor such IftgUon, es some litigation may have financial or Political ramifications of ooncsm b COUNTY. I ARAA TICS �BNISRUPTCV PROVIQIONe 7.1 To the fullest extent provided or allowed by law, in the event PARIMUTUEL receivershFACIUTYip Rest for PmWkn creditor any federal a state bankruptcy, Insolvency, Similar involuntary pmcWbg tthd b not dismissed Protection SWA, or hin Red thirty ( against It30) a 'Bankruptcy ocaumence j then such PARIMUTUEL FACILITY agrees days (s thd this Agreement that not be darned an a lsoubq contract ghnn that COUNTY has hilly parli rmad its obligations hereunder and all that ranrebu Is PARIMUTUEL FACIUTY's payment of the moneys due hersundw k)COUNTY. In a1 respects, PARIMUTUEL FACILITY agrees that it will not 43W that this Is an exealory contrail, and hereby waives conk". all c aekne, arguments and/or contentions tothe 7.2 Notwithstanding the Provisions of Section 7.1, In the event it Is determined that this Is an sxeatory contract or that the waiver sat forth above Is unenforceable for O reason,then PARIMUTUEL FACILITY agrees not to seek b rsJed We Agnsernam pursuant to Section 388(a) of the Banknrptcy Code, or any droller stab law Provision,if any.as an Seem"contract or to asslet support or Join tiny motion made by a third Party seeking to force a rejection of this A9qreemefd as an exa to PARIMUTUEL Fcontrialt or for ACILITY reason M a Benkruplry Oaumnce occurs, than agrees to use its bast efforts to obtain as soon as Practicable 6 an order a the court approving the assumption of this Agreements,under Section 38S of the Bankuptcy Cods,or any applicable state taw, and if a m-oUon is made $Getting the rejection of this Agreement, to oppose such motion and instead seek the assumption hereof. ARTICLE 8 NONCISC�0N PARIMUTUEL FACILITY shall not unlavAlly diecriminate on the basis of rare, valor, national origin, sex, religion, age, marital status, political affiliation, disabilty, i or sexual orientation(including,but not limited to, Browant County Code,Chapter 1 b to the parfonnanca of this Agreement. 12 �e�crtPO to,,: .3rowar!_FL Goc•sen c-3ao.k.Page 3125).1915 ?oqe: I o1 31 CFH f 104619519, cR 3A 389K'+ Pa 1933, Page 19 of 31 ARTICLE 9 MISCELLANEOUS 9.1 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shag have the right to audit the books, records, and accounts of PARIMUTUEL FACILITY dlrscdy relating to the calculation of Gross Slut Revenues, upon reasonable notice, in order to ascertain the correctness of the Gross Slat Revenues payment requbed to be made to COUNTY pursuant b this Agreement, Including the acour to reporting of Gross Slot Revenues snd the determinedon of Gross Slot Revenues payment under this Agrearrwt. PARIMUTUEL FACILITY shall keep such books, records, and accourda as may be necessary In order to resod complete and correct entries related b the calculation of Grose Slot Revsnues. AN looks,records,and aanunts of PARIMUTUEL FACILITY relating to Gross Sled Revenues shall be kept in written form, of In a tone capable of conversion Into written tam within a reasonable Urns,and upon reasonable request to do so. PARIMUTUEL FACILITY shall make soma rabble at no cost to COUNTY In written tom. Audited Mandy statenwde of PARIMUTUEL FACILITY which in addition details the amount of aruaral Gross Slot Revenues shall be provided to COUNTY within four (4) months of Me dose of sash fiscal yeer of PARIMUTUEL FACILITY. PARIMUTUEL FACILITY shag preserve and make available, at reasonable Mrss Ibr examination and audit by COUNTY, eel financial records,suppatMg documents, statleNal records, and any other documents pertinent b the calculation of Gross Slot Revenues arhd to Gross Slot Raysnues payment purmwtt b this Agnenwd for the required retention parlod of tin Florida Public Records Ad(Chapter 11.9, Fkulda StaMas�t applicable.or,t the Florida Pubis Reoorda Ad is not applicable, for a minimum period of three(3)years after the creation of the mooed. it any audit has been initiated and audit findings have not been resolved at the snd of the retention period or Cuss (3) years. whichever is Wow, the books. Moords, and accounts shed be retained until resolution of the audit findings. If the Florida Public Records Ad Is determined b be applicable to PARIMUTUEL FACN.LTY's records releWg to Gross Slot Revenues, PARIMUTUEL FACILITY shall comply with all requirements thereof, however, no confidentiality or non-dlsdosure requirement of either federal or state law shall be violated by PARIMUTUEL FAMLITY. 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 COUNT! as a Gross Slot Revenues payment in a particular fiscal year In such books, records, and accounts shall be a basis for COUNT( 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 far a period greater than three(3)years. Any underpayment shall be paid by PARIMUTUEL FACILITY 13 C aecrigtl»: 7cov.+rd,?: :c.�=at-Book.]age 38953.1915 ?Aga: 12 of 31 ri4, Page 20 of 31 - to COUNTY within ten(10)days of notice of the audit Ilnding,Including Interest and the administrative fee if owed. 9.2 INDEPENDENT CONTRACTOR PARIMUTUEL FACILITY Is an Independent contractor under this Agreement. Neither PARIMUTUEL FACILITY nor its agents shall act as ofOcers, employees,or agents of the COUNTY. No partnership,joint venture,or other)oint relationship Is created hereby. COUNTY does not WOW to PARIMUTUEL FACILITY or PARIMUTUEL FACILITY s agents any authority of any kind to bind COUNTY In any respectwhalsoever. 9.3 THIRD PARTY B N FI -I RI Q Norther PARIMUTUEL FACILITY nor COUNTY Intend b directly or substarfty benefit a third perry by this AWeemwt Therefore,the parties agree that t hers are no third party beneficiaries to thin Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.4 NOTICES Whenever ailther party desires to give nodes to the other. such notice moat be In wdit sent by certilled United States Mal. postage prepaid, return receipt requested, or by land delivery with a request for a written memo of acknowledgment of delivery.addressed b the party for whom it is Intended at the Place last speoffed. If muefple addresses are provided.nodes shall be aRectNe M sent to at least two of the places spscifled, provided yet are such place is PARIMUTUEL FACILITY when notice is sent to PARIMUTUEL FACILITY. The plats for giving rotes shay remain the same as sat forth herein 'Intl changed In wrMV In t manner provided In this section. For the present,the parties designate FOR t3ROWARD COUNTY. Attn: County Administrator Governmental Center,Room 409 115 South Andrews Avenue Fort Lauderdale,Florida 33301 With 000les to; Caunty Attomey Governmental Center,Room 423 115 South Andrews Avenue Fort Lauderdale,Florida 33301 14 a,;ripGion: 3cova:d,?G Docr:.^azt-9cok.Paga 13953.1J15 :age: 20 of 31 CTS f 104679578, On 3X 39053 PO 1935, Page 21 of 31 1 I i I FOR PARIMUTUEL FACILITY: The Aragon Group,In¢,dWa, Dania Jai Alai,a division of The Aragon Group,Inc. 301 East Dania Beach Boulevard Dania Beach,Florida 33004 a Summersport Enterprises,LLLP 301 East Dania Beads Boulevard Dania Beach,Florida 33004 With codes to Holland a Knight LLP 701 Bricked Avenue Suite 3000 Miami,Fialds 33131 Aft Lai K.Wear*Esquire a Server Singennan 200 South Blecayne Boulevard.Suite 1000 Miami.Florida 33131 Attn: Thomas Q Web.Esquire. Counsel to PARMUTUEL FACILITY 9.5 SUCCESSION AND ASSIGNMENT ThlsAgreement and-spy Interest herein shall be binding upon and shall inure to the benefit of any and all successors, assigns, heirs, legal representa0mor and personal representatives of any parry hereto. Notwithstanding, PARIMUTUEL FACILITY shall not assign this Agreement without the written consent of the Board, which consent shed not be unreasonably withheld. COUINTY's consani 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 parimuhtel wagering and PARIMUTUEL FACILITY shall provide written notice to COUNTY within five(5)days of the date of transfer. i5 I i�-�cr�ntlor.: 7r:,.sci,?G Doc=eai:-3co.c.Page 38953.1915 Page: 21 of 31 ilrtC: ?sala rA iry n�nr• •tea, rage ZZ of 31 9.6 WAVER OF BR sru Neither COUNTY's or PARIMUTUEL FACIUTY's failure to anforce any provision of this Agreement shag be deemed a waiver of such provision or inoditiption a this Agreement A waiver of any breach a a provision a this Agreement char not b. deemed a waiver a any subsequent bread) end shag not n construed shot tot e nwdNinton a the terms a this AgresmeM 9.7 COMP aN WITH nhao COUNTY and PARIMUTUEL FACILITY, respectively, shag comply with ag applicable federal, stale, and local laws, codes,ordinances, N ip,and regulations in performing its dutks,reaponslbggNs,and obligations pursuant to this Agreement Indudirp but not limited to the City Of Danis Beach zoning Beach Gy rop latlone. of Dante D Bea and COUNTY comprehenelve plane and COUNTY platYhg City of set forth within the Bnsward Courtly Land Use Plan ror the construction of any'prindpal bu3dkthe BV as such is detned by the AdminlstraWe Rules Document Wa tlpatsd the Bnu d County Planotnp Councl, No subsequently enacted low, code, ►equkW le be made to COUNTY by PARIMUTUEL FACILITYle under is Agreement In addition, PARIMUTUEL, FACILITY acknowledges that this Agreement does not reduce Or mitigate PARIMUTUEL FACILITYs obligation le pay City Of Danla Beach and COUNTY all applicable taxes requtred by Florida Statutes or COUNTY or City ordinances. . 9A SEVEwANre In thetevarvt toa y provision of this Agreemanl Is found by a court a competent Ju'W be Invalid or unenfoloeable, the remaining WovWm$ of We Agreamaht shag continue to be eBecd"' In such event, the Pardee shall fbat negotiate b emend this Agroamand to addmu any Portion found to be Invalid or unahforhreable. If the parties lag to negotiate an amendma s. COUNTY shag be antided to present to PARIMUTUEL FACILITY an atemedvs provision which COUL FACILITY a agree ives NTY ogreatter rightsandgives PART UTUEL FACIL17Yvnongreater obligations than the provision Invalidated or determined to be unenforceable. Notwithstanding PARIMUTUEL FACILITY's continuing obligation to agree to an altemadve provislon as provided above, this Agreement shall be subject to reformation or other equitable remedy by a court of competent jurisdiction Inasmuch expresslyas the parties this Agreeementshall not result In the invalidity Or anen orceabilty of the urpose and Intent of the parties 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 i I Car:rtot.ors: 3co•+�rd-JL Co,:wacnt-aoak. Page 33953.2925 Page: 22 of 31 CFH a 104679573, OR aK 38oS3 Po 1937, Page 93 of 31 PARIMUTUEL FACILITY an alternative form of agreement which PARIMUTUEL FACILITY $hall enter Into provided Out (a) such agreement gives COUNTY/ no greater rights and gives PARIMUTUEL FACILITY ro greater obligations than this Agreement, and (b) if Hgation is commenced pertaining to such alternative agreement,then COUNTY,bemuse it is a material and necessary petty,of Intarset in$try 1'$agation negardkp or arl$Ylg out of the maw sprosmsM,"have the right and obllpadon to Intsnvena or PARIMUTUEL FACILITY may cause COUNTY/ to become a party to the Iltigatlom without objection by COUNTY.and COUNTY,at tha optics of PARIMUTUEL FACILITY, shall defend PARIMUTUEL FACILITY in my such Wigstbn. The provisions d this section shall survive if this Agreement ends far any nation. Unless and until any court of Compatenl Jurisdiction s*msay determine In an action In which both COUNTY and PARIMUTUEL FACILITY are named party defendants that R Is Illegal for PARIMUTUEL FACILITY to do so, PARIMUTUEL FACILITY shall pay COUNTY the amounts tsquked by Mile 4 and shall Continue to make such payments until a new agreement Is entered Into by the parties, Notwithstanding this provision, the parties acknowledge and agree that COUNTY-9 dO to draw on the surety bond or letter of aedN posted pursued b Section 4.1.1 $hat not be adversely affected by this provision or any other provision In this Agreement$nd that the debt owed to COUNTY$hag continue until flrlly pall 9.9 JOINT PREPARATION The parties sckriowledge that they have sought and receNed whatever oompsteM advice and counsel necou ry for them to form a U and complete undentading of ON rights and obligations herein end Cut Ill preparation of this Agreertwt has been their JoIM effort The language agreed to expresses their mutual intent and the resumkrg document shell not be construed mom strictly against one of this parties than the other. 0.10 JURISDICTION-VENUE.WAIVER OF JURY TRIAL This Agreement shall be Interpreted and construed In accordance with and governed by the law of the Slats o7-Fkrlde, wifhout regard to conflict of laws principles. Ail parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement,and any action Involving the enforcement or Interpretation of any rights hereunder,shag be the state courts of the Seventeenth Judicial Circuit In Broward County,Florida,and venue for litigation arising out of this Agreement shall be in a state court located In aroward County. Florida, forsaking any other jurisdiction which either party may claim by virtue of Its 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 friar by jury of any civil Iitlgatlon related to this Agreement. 17 �I 0^ec:!pttca: 3r-•nrd,aL -80�k.page 38753.13:5 Page: 73 of 31 n..-+... �aa roe. r..,....... --• •-yam a• ac .fl 9.11 AMENpA,1�Y No modlMo4tion, amendment or situation In the terms a m herein she#be effective uniess contained In a written dommeMo ProPandtbns rodoonh withinad the same Or similar fomraltly as this Agreement and executed by PARIMUTUEL FACILITY and by COUNTY bkwirp approve,by the Boatel. 9.12 PRIORAO_ REEMEM This �"craI nt or�pM� to yffrul and complete understendylp of the Was and agdoM reenwhi, and�s 10 the matters contained M na'904181110IM. Correspondence. ars, The Paltes Ogres that tMre Is no commknent hg con emi the sut> d matter of this Agreement that is not eel In this written doeumsnE pAc=dln , the PI agro0 that to deviation Item the lams herself shah be radketeWon any Prior ropres0maton or agreement whether orm or written, 9.13 jNSO CATION BY REFERENCP The truth and accuracy of each Whw"r clause set" above Is Info and made part by the parties W4 h 1ha�clauses and Attachment 1 hello anted Agrearr ell for d purposes. 9.14 REPRE?ENTaT+� Al1THORITY•tSENaE REQUIRE��eti RE�DCCFiJ�T1ON$ P RIIIlIIT Ith Each Individual executing We Agreement on behW of a party hereW hereby rWresent0 and warrants that he or she is, on the date he or she signs tnh Agreement duly sulhorized by all necessary and aPproprlet.action to execute this Agreement on behalf of such Party. PARIMUTUEL FACILITY represents that it Is a Ikensed Ps"IM l operator under Chapter SM. Florida Statutes, PARIMUTUEL PARIMUTUEshall FACRM license al reasonable and and retain a lk�nse aun>otzlrto continue and q in the opecatlon of abt machines throughout the term of this Agreement PARIMUTUEL FACILITY represents that it la the entity, subject to approval of the Referendum,that Is authorized by Article X,Section 23 of the Florida Consaluton to Operate sbt machines at its existing Psdmutuel facility. PARIMUTUEL FACILITY shall not direct, assign or create a now entity which would In any way divert slot machine revenues which would result In slot machine revenues not being subject to the terms of this Agreement,and PARIMUTUEL FACILITY shall not sag its stock or assets.Or bath,which$ale would render the terms of this Agreement inapplicable to Slot machtres operations. 18 'enarlpt:on: 3:on•r.-d,?L ➢o•:udat-Book.Paga JJ95J.1915 Page: ]Y of 31 .'rdat: 139JIri Crsmwrte: CFM 1101679579, OR 3x 38053 PG 1939, Page 25 of 31 'f' I 9.18 MULTIPLE ORIGINALS Multiple Copies of this Agreement may be executed by all partes, each of which, bearing original signatures,shall have the force and effed of an origind document 9.18 REMEDIES In addilbn to all other remedies provided In title Agreement or under applicable law. COUNTY ahal also be entitled to specifically enforce this AgmemoK includitg the payment obligations of PARIMUTUEL FACILITY provided hersh PARIMUTUEL FACILITY acknowledges and agrees that the provisions hereof are unique,and the damages COUNTY might suffer upon a breach hared Incapable of proehe calculation, and a=xdkVy waive any and all obActlons,whether provided under federal or state law. Including any bankruptcy of Insolvency provisions that they might have to any claim for specific performance that COUNTY might assert. 9.17 COVENANT NOT TO SUE COUNTY and PARIMUTUEL FACILITY hereby covenant that they shall not commence or maintain any Iawsuk adminletraft proeseding, or other action, whether st law er In *gully, whirl► challenges the vgk* or enkmeabglty of this Agreement. This covenant shah be Wrtdirp upon, and Inure to,the benefit of the parties, their successors, assigns, helm legal re"entauve*, and personal representatives. 9AS WAVER OF DEFENSES PARIMUTUEL FACILITY and COUNTY hereby waive any and as claims for leclt. Inadequacy or Insufficiency of consideration, lack of miuluality of remedy or obligation,definiteness in time or other uncertainty,or any other defense or daLn to the famadOn and creation of an enforosabls mdrsct In W roepeds, the parties agree that this Agreement shag be enforceable as written and, unless otherwise mutually agreed to by tits parties,waive any and sil obAoms or arguments to the contrary. PARIMUTUEL FACILITY hereby wolves any and el claims that the covenant running with the land attached hereto as Adaclnment 1 Is irrvelld or unenforceable in any respect and PARIMUTUEL FACILITY agrees that said covenant is enforceable as written. 9.19 GOOD FAITH COOPERATION IN DEVELOPMENT PROCESS 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 duties set forth within the provisions of this Agreement in good faith. 19 Ca,cr'-.:ion: 3rovar3,7f, Jxc. -3ook-Page 33953.19I5 Page: 25 of 31 • ...yam aV VL it 9.20 CONFLI -T OF I wa_CT� In Imrdance with the various agreements entered Into among B"rd Courtly and 15is an4W COUNTY agrees to direct its lobbyists not b"or b h&m any 10 bbby the Laglslaturs. Govemor or Cabinet as b arty Posidon COUNTY slot ming t es that a adverse b any elated,or later adopted potrAlon d COUNTY ooncerrdng the Isaus of slat machines. 9.21U�q pN_O pl 1 s As used In We rearnenil, the singular kicludes the skoler,unlsesss the OW44 atherwlse",rem.the Dlural end the plural 4+dudes (The ramakidar of this Page b intsntbsaAy let blank) I 20 OJicri pt!on; 3roward,?L OCCa�ia,-goo.i.page =1953.1215 Page: 26 of 31 Y. i�rr J7•i1JJi t'nn..nr. � CFH 1 104679579, Olt SK 38953 PG 1941, Page Z, as d1 II IN WITNESS WHEREOF, the parties hereto have made and exerted this Agreement BROWARO COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and though 2s Mayor or Vice-Mayor, authorized to 4xecuts saes by Board action on the_12410 day of�2005 and THE ARAGON GROUP,dlbla DANIA JAI AW, a division of th Aragon Group, Ina, a Florida corporation, and SUMMERSPORT ENTERPRISES, LL P, a Florida Ilmyed partnership, signing by and through their PmsideK duty authorized to execute same. COUNTY ATTEST: 13ROWARD COUNTY,by and through its Board of County Camm4sloners I Broward County br,es B Ewofllclo Clerk of it%Bmwerd ly dsdn D.J Mayor Board of County Comm r MM)SS�C ay of ftzV 20Pr' y' wed as to form by o �•.• Office of the County Mornay i C C'r. 1ST rn for Broward County.Florida 9 3 7 SHARON L CRUZ,IMenim County Attorney Gowmmental Centw,SuRf 423 115 South Andrews Avenue � Fat Lauderdale.Florida 33301 Talephons: (954)357-71100 Tslsoopler. (9644)'1357.7541 I-.1'q-K u .L otwan (Dale) De CoLet Itomey 21 [� - :c! ;-icn: 3zcr,ard,PL • oc:�nent-look. Page 38153.I)15 Pegs: 27 of 31 AGREEMENT AMONG BROWARD COUNTY AND THE ARAGON GROUP, INC.,&Va. DANIA A ALAI,A DMSION OF THE ARAGON GROUP, INC.,AND SUMMERSPORT ENTERPRISES LLLP REGARDING OPERATION OF SLOT MACHINES IN A PARIMUTUEL FACIL5j P—ARIzaumxAmm WITNESSES: THE ARAGON GROUP,INC.,dldla DANIA JAI ALAI,a division of The Aragon Group,Ina.a Florida corporation �i1rgJ(eo�� /fix�i �T4. B slp,.turs a wltnaea y arapnsnPsn'ydx—President �aani�vnti�- r��.n� wtr JLaayof " PrinVT)ps Nams 20/.r Sig :re of WlE= Oe�a (SEAL) PrinVType Name AND WITNESSES: SUMMERSPORTE a Florida Gmiled par mN SES,LLLP y Ignature of Witness —SI@I@00n�F F. of The Aragon ~.w Presaerk iMi [rim r r .r,�T4 agon Group.Inc., the yp general partner 41—C�day of_�,�IMeYy 20,O ' Signature of Witness --- a. --b.. (SEAL) PnnNType Name LELI AP:ve TheAf gonoraopoama„3Wa,Slols•e07 eoc 04-025 oe o rn nr0s 22 h tc:[p0tan: 7rraard,:: .:nccaeotDook.page 7tA a7a• 9957.19lS Page: 28 of 31 ,�rr/ar• M�w...nn. CFH 1 101679679, OR 3K 38953 r0 114a, rage ca u• +• Attachment 2 we STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATT DIVISION OF PART-MUTUEL WAGERING License 0274 WHEREAS DAB Ja J_of Al DIVISION QF THEARAGON CROUP INQ dtVa DANIA JAP "has bean Wed and 4 the rip fAd and Iawhsl holder of a pwtmk Lo owWW IAJ-ALAf at the keaft dowiffied In said p&mK wAlch parr*was duly 9mrdad reti*d and stands unceacv0ed and urnavohed as provided by the pwtinant l ride Stafubs,and WHEREAS said parrnit WWor has made applkoWn Ibr license for the sown Of 2LV4t2QLD Ir1 accordance with the law and the odes and reguledws of the 0M31on Of Pad-A*" Wsgwtn9 and has hrmished bond as nqubad by law, now Memo.BE IT KNOWN thst D'(VG J RPALAI is hereby Wonted a lkense by the Dlvlskn of Part-Mutust:Ys901ft 10 operate at Bald laeadW On the Wowing dates: Oseember 1. 2004 Watch June X 200& DARK OP! AN Mundeys(swept Oeambw 27,2004,FebmW 21,2=and May 34 2W4 ALSO DARK ON: December 24,2001,and Mareh 27. 2004L 149-Evo"pafonnances. 57-Maarwaw Ih awkq p@dbmw�ovv orc Tuaeda";Saturdays(excep112R3r1004,1N. and 4r1PMj 31 - Ma6we Only pwtormsncas on: Sundays (excW 3127r2005r and on Mayday. 212112005,end Monday.S130R0o3. 3-Cleanly pseamences on evaninga rt11y1,12/a12004,an0 USROOS • 237 Regular Performances 240 Told Perbwarxes Subjed always to the provisions of any end all laws of the State of Florida and the applicable rules and regulations of the DlvWon of Pad-Mutual(Wagering lssuod and dated at Tallahes3ee,Florida, Nis_ZjL-f ay of Namb 20C4. Olv[sion of Pad-Mutual Wegadn p cry WOOclor 3rcvar,!.i. Ouc�zc-dook.Page 38953.1913 Page: 29 of 31 Page 31 of 31 + . r t CkAa14 JAI aLal C �I LSt:aL OticurrIov of he } o! Cho �eVt Ha k of the Nt k of the $a ks the V ; of the } } o! th Of thesa }, thee } o! the S7 } of the mte 82 ka and the H y of the St A Of tha at } of the SR, of section !a, roreeblp 30 torch. Wse 42 GaC 'en��t 20 acres, MOrd or lets. Dih�ece to a Perpetual• nd eteluslve right-of-car for public reed purp^ae.,, over and upon ehe Ht k of the follousnP described land; to-rl.e: rho t .k o! the SWk o! t st itAnd the u y eC ebe sl } of the he R= k e! the 1 -} at sect being, I'J%Mahip 30 South, Ante 42 tees, said Vuesod end 82, a 3erip of land 74 .3 4 lsar vlda 00 the 7� De nb m. feet vide n rho East sod. off of the South .aide of ea doetrired tract Of *cram, more or tan fa,Vd Lend and coaeaUln property .rn t 1.2i Drovard cat.. llorldal, ;'�crfpt!^n"3 o•n rd,PL 90c=snC-30ok.2age 38953.1915 Paga: 11 0! 31 Cilr a 104679579, oa BK 3895' P6 1Sal, Page 30 of 31 e1/af2153 11:011 114-327-9141 ePMa7rl PALL 01 STATE OF FLORIDA ONAL DEPARTME TOF13UDMM IN PARI OMlPRO ESSI N(3EOULATION WAG Lkr1M g281-kwdrnrd A neenuT RN7ERPRISE� L70 tLb/0 DANIA-.ldEd�d�hH DMA ' onvAid•nd b 014 rip d and law1W homed a p to •nd inOfN dsselbd In mMPWM& Pr^w d*� SbDrfK�and WFs Lman Bald q Idad by dw ptaANarlt AMnkW bond a•r•gW%d by An t now moeta,as R KNOWN that ,• hereby gt'a"19d a MMU W "aO""an of ParFIl"W w aald bcadw CIA"Altlowinp da49c li DARK O1CAl Abrldy l axcepf 3•Ptwbw 0.•nd OdOW 11.2001� AL30 DARK Sepf flow f a, f0,1%and Noon"2D,20" I� 104-evv&4 perbtn w cle' an ar Taarrdary•N o 9nv20041 42-Matl d a (" W W 512004 Fr"'.1112012004. getu"0( pwf an so SwW aye raid an Mood y,we wd 1a11R004. 22-MM ft fw mwKm^� of 9J01M nd n'Adbw*Parfoanance on 9125r d" 2-char�N perAxm•rwa�.reMro 171 Regular PetfomtaM" 173 Toth ParlOffi4r1fAa &tied a&.ay$t0 th4 pfohe)ona of any and ad laws aft State of Rwfda end ft&110"ble fuss and regulations of the 0+,islon of Part-Mutual W�Mg• tasuod and Mad at 7Ulahasaes,Ronda, this�day of$syfW rim CWfalon of Pali-Mutual W ffng By Ca J.Rota ,Cfrector Dxeortg[tan: .nr,:d,:'t Jai. va'300k.p3ga 31953.1915 Paga: JO of 31 CITY OF DANIA BEACH Agenda Item # 9 4z Agenda Request Database Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-081 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-17-07)SUBMITTED BY HEIDI DAVIS KNAPIK,WITH GUNSTER,YOAKLEY&STEWART,PA,REPRESENTING PROPERTY OWNER,THE ARAGON GROUP,INC.,TO VACATE A PORTION OF NE 2ND STREET BETWEEN FRONTON BOULEVARD AND(UNIMPROVED)NE 4TH COURT IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT-A-,A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VC-17-07: The applicant Heidi Davis Knapik, with Gunster Yoakley&Stewart, PA, representing The Aragon Group, Inc., is requesting the vacation and relocation of that portion of NE 2nd Street between Fronton Boulevard and the Church Resolution Staff Report Application Public Hearing Notice Location Map Mailing 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 Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-081 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-17-07) SUBMITTED BY HEIDI DAVIS KNAPIK, WITH GUNSTER, YOAKLEY & STEWART, PA, REPRESENTING PROPERTY OWNER,THE ARAGON GROUP, INC.,TO VACATE A PORTION OF NE 2Nn STREET BETWEEN FRONTON BOULEVARD AND (UNIMPROVED) NE 4'" COURT IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3, Article 3, Part IX, as amended, of the Charter of the City of Dania Beach, sets the procedure for vacating and abandoning streets, alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Heidi Davis Knapik with the law firm of Gunster, Yoakley, Stewart, P.A. representing The Aragon Group, Inc., duly petitioned the City Commission of the City of Dania Beach, Florida, to vacate a portion of NE 2nd Street between Fronton Boulevard and(unimproved) NE 4'h Court, in the City of Dania Beach, and legally described in Exhibit "A", a copy of which is attached to this Resolution; and WHEREAS, the Planning & Zoning Board on April 18, 2007, recommended that the City Commission grant the vacation request; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on May 8, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of NE 2nd Street between Fronton Boulevard and (unimproved) NE Xh Court, in the City of Dania Beach, and legally described in Exhibit "A", a copy of which is attached to this Resolution. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. 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 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-081 EXHIBIT "A" LEGAL DESCRIPTION Dania Jai Alai — N.E. 2"d Street Vacation; a portion of Section 34, Township 50 South, Range 42 East, City of Dania Beach, Broward County, Florida. Portions of Northeast 2"d Street and Fronton Boulevard as described in Deed Book 808, Page 51, Official records Book 3757, Page 285 and on the plat of Harbor Lawns No. 1, according to the plat there of as recorded in Plat Book l2, Page 43 and on the plat of Dania Country Club Estates,according to the plat thereof as recorded in Plat Book 32, Page 23 all in the public records of Broward County, Florida and described as follows: Commence at the Southerly most Southwest corner 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; Thence North 88'41' 36"East on the South line of said Cayden's Corner and on the North right-of- line of Northeast 2Id Street, a distance of 228.22 feet to the point of beginning; Thence continue North 88'41' 36"East on said North right-of-line of Northeast 2"d Street,a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; Thence Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90' 14' 04" and an arc distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County,Florida and a point of cusp;Thence South 01' 32' 28" East on the Southerly projection of said East line,a distance of 85.10 feet to the intersection with the South right of way line of said Northeast 2"d Street,as described in said Deed Book 808,Page 51, of the public records of Broward County, Florida; Thence South 88' 41' 36" West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book 808,Page 51;Thence South Ot' 30' 00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Thence South 88' 41' 36" West, a distance of 100.00 feet to the West right-of-way line of said Fronton Street as shown on said plat of Dania Country Club Estates, 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' 19"and an arc distance of 18.52 feet to a point of non tangency;Thence North 01°45' 47"West, a distance of 63.06 feet to the point of beginning; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 38,235 square feet(0.8778 acres), more or less. 3 RESOLUTION#2007-08 t CITY OF DANIA BEACH qW COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 8, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C C` SUBJECT: VC-17-07: The applicant Heidi Davis Knapik, with Gunster Yoakley & Stewart, PA, representing The Aragon Group, Inc., is requesting the vacation and relocation of that portion of NE 2nd Street between Fronton Boulevard and the Church On November 14, 2006 the City Commission approved a development agreement with Aragon LLC Uai Alai) regarding development of the Boyd Casino Complex. The agreement includes a Master Plan calling for the demolition of the existing Jai Alai Fronton upon substantial completion of the new casino. The Master Plan includes a four story parking garage and surface parking lot on the south portion of the tomato field. The Master Plan also shows relocated NE 2nd Street (between Fronton Boulevard and the Church) north of the proposed casino parking garage and surface parking area. Relocated NE 2nd Street will provide continuous access from US 1 to Gulfstream Road. Once the project is completed, public casino access will be limited to Dania Beach and Fronton Boulevards. STAFF RECOMMENDATION The proposed vacation-relocation request is consistent with the development agreement and Master Plan approved by the Dania Beach City Commission. In addition, BSO and Fire-Rescue indicate relocated NE 2nd Street will have no negative impact on emergency response time or level of service. PLANNING AND ZONING BOARD RECOMMENDATION On April 18, 2007, the Planning and Zoning Board recommend approval 4-0. µp'S FIRSlf \ 1 Date: April 251h 2007 DGP07 - 027 To: Ivan Pato City Manager City of Dania Beach j From: Chief Donn G. Peterson j Broward Sheriff's Office Dania Beach District Subject: NORTHEAST 2ND STREET VACATION I have reviewed the plans for the vacation of Northeast 2nd Street (as it currently exists) in Dania Beach, as well as the plans for its eventual relocation. In addition, I have consulted with BSO staff, City of Dania Beach staff, and my counterparts with the Dania Beach Fire Department on this matter. The proposed vacation of Northeast 2nd Street will not create any public safety concern from a law enforcement standpoint. I do not anticipate that response times will be negatively affected as a result of this project, nor will this project negatively impact the level of service currently provided to the residents of Northeast Dania Beach. /dgp cc: Major Larry Rogers Lieutenant Kevin Granville Michael Cassano, Deputy Fire Chief Colin Donnelly, Assistant City Manager Tom Ansbro, City Attorney File City of Dania Beach Fire-Rescue c, Office of the Deputy Fire Chief `S 102 West Dania Beach Blvd. Dania Beach, Florida 33004 C Phone: (954) 924-3720 F Fax: (954) 921-0959 qW 790A April 25, 2007 To: Ivan Pato City Manager City of Dania Beach From: Michael Cassano Deputy Fire Chief Dania Beach Fire Rescue Ref: Northeast 2"d Street Vacation & Relocation As the Deputy Chief of Administration and Operations for Dania Beach Fire Rescue, and in conjunction with the Fire Marshal's Office, I have reviewed all aspects concerning the proposed vacation and relocation of Northeast 2"d Street. This review focused specifically on; access points into and out of the Boyd Gaming Facility, road specific turning radius allocations for large wheel-based emergency apparatus, and response times, both to the neighboring area, and the facility itself. After these exhaustive reviews, (attached as Exhibit A & B) along with agreements reached between the property owner and the Fire Marshal's Office regarding emergency access gate activation, allowing direct access to and from Northeast 2"d Street, I have reached the following conclusive opinion regarding public safety; 1. The vacation and future relocation of NE 2"d Street with agreed upon access points will serve to improve overall response times into and out of the areas neighboring Dania Jai Alai and the proposed Boyd Gaming Facility. 2. Turning radii (exhibit B) provide the necessary turning radii for all emergency response apparatus utilized by Dania Beach Fire Rescue and our automatic aid partners; Hollywood, Davie and Fort Lauderdale Fire Rescue. 3. The proposed relocation of NE 2"d Street has no public safety negative impacts, regarding response times, access, or emergency operations. /mc cc: Colin Donnelly Larry Leeds Donn Peterson Tom Ansbro Major Larry Rogers File EXHIBIT A— PDF FILE ATTACHED TO E-MAIL EXHIBIT B — FIRE MARSHAL LETTER BELOW Chief Cassano, I met with many of the team members involved with the Boyd Gaming project development on Wednesday, April 18, 2007. That meeting was extremely productive in communicating several of my requirements and that of the fire code requirements. In that meeting several issues were discussed. They are as follows: 1. Site plan submittal requirements with a strong emphasis on Fire Department Access points and turning radii required for apparatus (checklist provided). The turning radii required in the City of Dania Beach mirrors exactly what Hollywood requires (38' inside radius and 50' outside radius with a clean 'sweep" of 12'). This has been a requirement of Dania Beach even before I became the Fire Marshal. Many other departments also require the same radii. 2. Life Safety plan submittal requirements (checklist provided) 3. Fire Sprinkler plan submittal requirements (checklist provided) - I agreed to allow the shell phase (a non-combustible phase) to be built without fire sprinklers but with active hydrants and standpipes in place for fire fighting operations until the actual build-out phase (combustible phase). If a restaurant were still left in the "shell" phase (which is not anticipated) and the remainder of the interior build-out was being completed, it was agreed that any remaining "shells" would be sprinklered. 4. Fire Alarm plan submittal requirements (checklist provided) 5. Fire Watch/Medical Provision requirement by Dania Beach Fire Department Personnel. This shall be a mandatory detail and shall be fill in accordance with the mandatory detail overtime policy. This Fire Watch/Medical Provision Detail is required in accordance with The Broward County Amendments to the Florida Fire Prevention Code (2004 Ed.), Section F-14. This detail shall be staffed with a minimum of 1 or 2 City of Dania Beach Fire Rescue Personnel, depending on attendance and activities which may occur at this assembly. 6. Fire Command Room & First Aid Rooms- I will provide specifications for these rooms. Rick Rueth and I also met with Bill Cary of Kimley-Horn and Associates, Inc. today, Wednesday, April 25, 2007 to discuss the specifics for the fire department access. If you would, please print out the attached "pdf" copy of the site at this time for reference of the following issues that were discussed in this meeting. As you will see by looking at the pdf attachment, most of it is self-explanatory but please allow me to clarify in writing. The following issues in this meeting are being taken back to other representatives of Boyd Gaming for approval or alternative suggestions/requests. To begin, it was suggested that fire department access be granted along the east access road. This is one of the areas currently approved for vacation (N.E. 5 Ave.). An automatic gate would be provided at the N.E. corner of the Service Yard which would allow access from East Dania Beach Boulevard through to N.E.2nd Street (on the east side of the north parking lot and parking garage). It has been agreed that the east access road shall have "NO PARKING" signs posted every 60' along this drive. In addition, a sign would be posted at the north end of this drive just south of the service area which would state "Service Vehicles and Fire Department Access Only Beyond This Point". A second automatic gate for fire department access would be provided on N.E. 2nd Street (also on the east side of the north parking lot and parking garage) which would allow access into the north parking lot and north side of the parking garage from the east. The final access point for fire apparatus was suggested where the proposed Fronton Blvd. ends (to the north) at the new parking garage. This area is located on the west side of the property. This arrangement would allow fire department access from East Dania Beach Blvd. to turn west or north on N.E. 2nd Street (on the west side of the north parking lot and parking garage). In addition, entry could be made to the north parking lot through the parking garage. A small gate was requested at the employee entrance located at the north side of the main building fronting N.E. 2nd Street which would allow for fire fighting personnel and operations along the northeast portions of the main structure. A fire department connection would also be located at this point. All gates would require a single gate opener (on the same frequency), similar to a garage door opener or that which is currently in place at the city garage and fueling compound. This opener would be required on every Dania Beach and City of Hollywood Fire and Rescue Vehicle, as Hollywood is an automatic aide responder for our city. It is my opinion that the re-alignment of N.E. 2nd Street would not further increase our emergency response times if the above access points (with appropriate turning radii) and signage are implemented. If an access road is provided in conjunction with the service road along the east side of the property, response times may actually decrease, allowing us to reach some residents quicker than is currently able to be achieved. This is, of course, dependant upon traffic conditions which could effect responses regardless of road changes or existing conditions. Apologies for the lengthy and wordy explanation but both are necessary for a full and detailed description of what has been discussed regarding fire department access. Again, this has not yet been set in stone but I'm sure that we will be meeting again before the 2nd reading for the plat approval of NE 2 St. I believe we will have a defined fire department access strategy in place at that time. Please let me know if I can provide any further information. Sean Brown Fire Marshal 3± or lc ° * ' ,* ! ! `I Ar +f A + aynyyymmma nyyuye: ae :eu jr cl a ,o Its•�_' �''2 RY 1 , �b / I 7 • 4 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ------- _______ ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 3121/20W' --J PZ Log VC-17-07 ------ Project DaniaialAlal -------"--� __ JI Revised Vacation legal Folio 50423400056Q0 p 504234160010,0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECO 20NING BOARD AND CITY COMMISSION.THANK YOU. MMENDATION TO THE PLANNING AND Route Via: Mail ❑ Pick Up Jd In-house J Fire Marshal❑ Landscape [] BSO ❑ Public Services J Planner FJ Other Consultants ❑CGA Approved as submitted Denied � Comments must address prior 1~�{� to PZ/Commission hearing _J Approved w/conditiong fir' 1 1~ry'^Yr j List Conditions 4DD cuizJc 6rtTR -SHI i✓T .3 -t,F 3 Signature ^/` v Date Print Name 9< LAND DESCRIPTION A PORTION OF NORTHEAST 2nd STREET AND FRONTON BOULEVARD SECTION 349 TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA Portions of Northeast 2nd Street and Fronton Boulevard as described in Deed Book 808, Page 51, Official records Book 3757, Page '185 and on the plat of HARBOR LAWNS NO. 1, according to the plat thereof as recorded in Plat Bookl2, Page 43 and on the plat of DANIA COUNTRY CLUB ESTATES, according to the plat thereof as recorded in Plat Book 32, Page 23 all in the Public Records of Broward County, Florida and described as follows: COMMENCE at the Southerly most Southwest comer 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; THENCE North 88041'36" East on the South line of said CAYDEN'S CORNER and on the North right-of-line of Northeast. 2"4 Street, a distance of 228.22 feet to the POINT OF BEGINNING; THENCE continue North 88'41'36" East on said North right-of-line of Northeast. 2nd Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; THENCE Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central i n vl� angle of 90'14'04"and an arc distance of 39.37 feet to a point on the East line of a parcel of land TC described in Official Records Book 9909, Page 23 of the Public Records of Broward County, 5W I Florida, and a point of cusp; THENCE South 01'32'28" East on the Southerly projection of said East line, a distance of 85.10 feet to the intersection with the South right-of-way line of said Northeast 2"d Street, as described in said Deed Book 808, Page 51, of the Public Records of Broward County, Florida; THENCE South 88'41'36 Nest on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book S08, Page 51; THENCE South 01°30'00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; II'�a i y I ni. , SllEET I OF ; S11EETS THENCE South 88'41 '36" Nest, a distance of 100.00 feet to the Nest right-of-way line of said Fronton Street as shown on said plat of DANIA COUNTRY CLUB ESTATES, 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 42'26'19" and an arc distance of 18.52 feet to a point of non tangency; THENCE North 010 45'47" West, a distance of 63.06 feet to the POINT OF BEG NNNG; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 38,235 square feet (0.8778 acres), more or less. 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-Nay, 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 Northeast 2nd Street having an assumed bearing of South 88'41'36" Nest. i 4. Information shown hereon does not represent a Boundary Survey. CALVN, GI DANO & AS,S ES, NC. Signed: 1 l'n G/ i - DA FE:_`-F Gregory!. elements l Professionai Surveyor and ;vtnpper Florida Registration Nnmbcr 4479 si-n r 2 OF i Sll1_F IS 101 gy .9"RoZe.103 —4—JI/ u u 5 C4 6"(c Fec CD a V LL Jt E 0 > C� U) r D 0 u USX to— a. ryu C L) U) CN w Lu C) Z u d < 2 In 0 cc 6DE ,i5 Bev@ Go co a- -J co "dA tfOG TZ Id 'U 'e e LLI < C) U) < o IDIP06 M..00.N.W < L) < CN Uj C\, 11 "N C6 u C6 p E Z Cb I fz T w sa—-6 — — — — — — — — — — — — e 3 e '9V be vi E, 4 'Et be 'zi F, -—--—--—--—--—--—--— ' To I Z't 7 eLe ?e te tF Cd VO,65-14 c D IJt9 I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Data ` PZ Log VC-17-07 Project Dania Jai Alai --1 Revised Vacation Legal Folio 504234000560,0570,0560 1 504234160010,0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO 8E INCORPORATED I 7HN E �. COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING E BOARD AND CITY COMMISSION.THANK YOU, e r Route Via: Mail ❑ Pick Up In-house ❑ v ai Fire Marshal © Landscape ❑ y BSO L 1 Public Services ❑ Planner iz Other Consultants ❑CGA Approved as submitted Denied I� Comments must address prior'—,' 1 to PZ/Commission hearingApproved w/conditions - iI I I ' f List Conditions 'j 3 MID s: - ----------- ----- - Sign. 9� 3 /Q Date Print Name a� I 00 _LU = s wa V a J LL mw O LL! G ZSz = C Q UJ rn wp c a C�7 ❑ ❑ 3 I LL 0 -1 ] C Ct: ow U, g a � �i K c d rLL a g" a g o. y w s i 2 a� v 7 w og 2 tWo 2 i 0 ? W O I 'i r I X �Fz N j w to vol EEt( mOWy Li Ell l F Q O G G e 1 A O h c o lW, g a twv E t n � wpU C LL a R N N 0 Z N _ C Wilmo<w E - - --" a � 0 c y E 0 k > ¢ Ea m E8 r a C U :13wil/31uPJ P-Jw SNV'1d 'ldaa uopuanald ili-4 junsterYbaUey Our File Number: 27913.00001 ,719A N E Y S AT E,W Writer's Direct Dial Number:(954)468.1391 Writer's E•Mail Address:hdavis@gunsteccom March 14, 2007 a — %tJ VIA HAND DELIVERY 1�+ fJ MAR 1 410U1 Corinne Lajoie, AICP Principal City Planner planning City of Dania Beach Department 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Re: The Aragon Groun, Inc - Petition to Vacate a Portion of N E 2nd Street Dear Corinne: On behalf of The Aragon Group, Inc., we enclose one original and one copy of the following information in order to process the above-referenced petition: 1. A check in the amount of $2,665.00 made payable to the City of Dania Beach, which represents a$165.00 filing fee and a $2,500.00 cost recovery fee. 2. Vacation request application with Exhibits 1, 2 and 3. 3. Warranty Deed and supporting documents. 4. No objection letters from utility providers. Please do not hesitate to call me at 954-468-1391 if you have any questions. Sincer4ffJ"y4+_ ellly HDK/mh Heidi Davis Knapik Enclosures FTL 320194.1 1 .utest3n, ri.S.de7L• FLh',7473`ri- 5E4)462 260G•F„r QE415231722• ',.rx 'A,A'A rA:M ;I,! LI1, t IrLO i!,Ar , 11Sr IAEN IiPdtn FOLIO NUMBERS FOR DANIA JAI ALAI 5042 3400 0560 5042 3400 0570 5042 3400 0580 5042 3416 0010 i FTL 314453.1 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-364S General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan MAP 14 2007 ❑ Special Exception Petition No.: y L- ►��7 ❑ Special Request Planning ❑ Trafficway Waiver Department ❑ Variance Vacation Request ❑ other: 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 fad 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:301 East Dania Beach Boulevard Dania Beach FL 33004 Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): See Exhibit l Legal Description: See Exhibit 2 Applkcan Consultant/Legal Representative (circle one) Gunster, Yoakley & Stewart, P.A. Address of Applicant: 500 East Broward Boulevard, Suite 1400 Ft. Lauderdale, FL 33394 Business Telephone: 954-462-2000 Home: Fax: 954-523-1722 Name of Property Owner: The Aragon Group, Inc. Address of Property Owner: 301 East Dania Beach Boulevard Dania Beach, FL 33004 Business Telephone:954-927-2841 Home: Fax: 954-927-0149 Explanation of Request: See Exhibit 3 Prop. Net Acreage: Gross Acreage: .8674 Prop. Square Footage: Approx. 37,784 Existing Use: pari-mutuel facility Proposed Use: pari-mutuel facility Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 mo ths of City Commission approval, pursuant to Ordinance No. 2005-040. Heidi Davis Knapik March 14, 2007 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 14thday of March 2007 Signature: Date: March 14, 2007 q ' l� Heidi Davis Knapik Slgft Name 9f Notary Public (Pdnt Name) State of( t l o6(A ij ) Michelle Raab Posey 500 East Broward Blvd. , Ft. Lauderdale, FL 33394 Print Name of Notary Street Address, City, State and Zip Code 0 Co 954-462-2000 954-523-1722 Sea N °�r MNH Telephone No. &Fax No. ..: MYCOMMISSIONYDD57/358 •> ` EXPIRES:,htly21,2010 't to BanEtl iMU Nobry PuElc WexwrMn INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above n Zb�atle authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: XDat * Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Ex ' es: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that 4 as a duly authorized officer, have authorized (Appifont/CornultanVM2M2Mgt ve) Gunter, Yoakley 6 Stewart, P.A. to make and file the aforesaid application. sworn to and subscribed before me Corporation Name: The Aragon Group, Inc. This day of M�V-N 20 Signature: a NOTARY PUSUC Date: 31/2!D 7 Courq d CWhSta d Nevedrt E.GAEJOYCE Brian A. Larson _t (Print Name) IL tq 2007 Senior Vice President and Secretary Sign Name 9�f N&bry Public (Print Title) State of(NE t/A D A ) E MEJ=9 301 East Dania Beach Blvd. Dania Beach. FL 33004 Print Name of Notary Street Address,City, state and Zip Code Commission Expires: '�q-D7 T 954-927-2841 F 954-927-0149 Seal: Telephone No. &Fax No. i JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the o ers of subject lands described above and that all partners have authorized (Applicant/Co tant/Representative) to make and file aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Da (Print Name)** Sign Name of Notary Public State of( ) Print Name of No ry Street Address, City, State and Zip Code commis s Expires: Seal* Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. LAND DESCRIPTION A PORTION OF NORTHEAST 2°d STREET AND FRONTON BOULEVARD SECTION 34,TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA Portions of Northeast 2nd Street and Fronton Boulevard as described in Deed Book 808,Page 51, Official records Book 3757,Page 285 and on the plat of HARBOR LAWNS NO. 1,according to the plat thereof as recorded in Plat Qookl2,Page 43 and on the plat of DANIA COUNTRY CLUB ESTATES,according to the plat thereof as recorded in Plat Book 32,Page 23 all in the Public Records of Broward County,Florida and described as follows: COMMENCE at the Southerly most Southwest corner 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;- THENCE North 88°41'36' East on the South line of said CAYDEN'S CORNER and on the North right-of-way line of Northeast, 2"4 Street, a distance of 228.22 feet to the POINT OF BEGINNING; THENCE continue North 88041'36" East on said North right-of-way line of Northeast 2"d Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; THENCE Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90°14'04"and an arc distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida, and a point of cusp; THENCE South 01°32'28" East on the Southerly projection of said East line, a distance of 35.10 feet to the intersection with the South right-of-way line of said Northeast 2nd Street,as described in said Deed Book 308, Page 51,of the Public Records of Broward County, Florida; THENCE South 88'41'36" Nest on said South right-of-way line of Northeast 2'd Strcet, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book S03, Page 51; TIiENCE South 01°30'00" East on said East right-of-way line of Fronton Boulevard, a di,tnnce Of 19.92 feet; ,'LL\ V .ER4UD S.\S ilCl.\I L\,.�f I 1� y • ,a P,,., ,,;.4'ro:,03,,.,,.". ,,. p..,,. ,..• 0 51,isfAVkc. < SHEET I OF 3 SHF,F:TS THENCE South 88°41'36" West, a distance of 100.00 feet to the.West right-of-way line of said Fronton Street as shown on said plat of DANIA COUNTRY CLUB ESTATES, and the beginning of a non-tangent curve concave to the Southwest, whose radius point bears South 88°30'W'West; THENCE Northwesterly on the arc of said curve having a radius of 25.00 feet, through a central angle of 42026'19"and an are distance of 18.52 feet to a point of non tangency; THENCE North 01°45'47"West,a distance of 63.06 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County,Florida and containing 38,235 square feet(0.8778 acres),more or less.. NOTES: 1. Not Valid without the signature and original raised seat 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 Northeast 2nd Street having an assumed bearing of South 88'41'36" West. 4. Information shown hereon does not represent a Boundary Survey. CALVIN,GI ADIO 3c 5 AT !."C. n riclernents DATE:Gregoy Professional Surveyor and Mapper Florida Registration Number 4479 i DUI N 11030 V.D<Y'.IX 11 f'_s c.0 ef ' :IAip14\f•na1,1h1, I'mN\ Yl:.dllev:.... . ._1 'D If V111 .., SHEET 2 Ob 3 Sttla:l5 M 101 cr 3•-&ZCC IOS i Le ; ; I�• , I M• ur �. ZI O d o a r I?, bo Q' ent[ 1+'a o < D zQLL'cc[s a . F p�omw mi: lilt:= % ° N 4 p1Fy1 i sx a v c q' �u Aul SG3oS saseea. 5 V C U N gy t wwE a i of J ad of 0 z e N U aiajy^a �66yyy�,,..,,j�� u d � O OI a& IdP/ocr?.oguuuS�eA���� Q c N wti Q IY �e J 0- V L� Lz D 0 d N` - 3 A rare •/o •6a rooe •a'D d m T `sm _ _ ;r g :QA19 NOINO213 CO •V'D a Y: '6a 2c ro'a I CD xp ��Ip1 h Y tip i'1 I iE , Q •Q , } kp E l gum_— — - - a- I n g J ��$ }lrp��1 ri 9y tL F `i p �_ ' 6 a g$3 e'D a •a. 6a 'r I a' a a s tr '6a Yr ' a 8 'tl'D'B YZ '64 '69 'B a tlD6 '[r +ba ba 'Be 3 1 � aVIE a N( Wam MAR 14 2007 Planning Department EXHIBIT 663" The Applicant is submitting this Application to vacate and abandon a portion of NE 2nd Street, more fully described in Exhibit 2, pursuant to Part IX, Article 3, Section 3 of the Charter of the City of Dania Beach. The vacation is being requested in order to realign the right-of-way around the new Jai Alai facility, which will prevent cut-through traffic into residential neighborhoods surrounding the facility. As part of the vacation and abandonment process, the Applicant is simultaneously submitting an application to plat its property. The Applicant has worked diligently with the City to ensure that motorists traveling to Dania Jai Alai do not use NE 2nd Street to access the facility from Federal Highway. To accomplish this goal, the Applicant will eliminate access to the Jai Alai facility from NE 2nd Street. The City has found that the relocation of NE 2nd Street will deter cut-through traffic in adjacent neighborhoods. The vacation, abandonment and relocation of a portion o na p f NE 2 Street will improve traffic circulation and mitigate any perceived traffic impacts on neighboring residential areas. FTLilZy74.1 EP3 07 g,t'nt NOV-09-08 THU 03:39 PH FAX NO. PI 03/15 Ide M Il.y'1..�. M.a � nntLWt wwwu,r,www 68-1 frS05 t3757 28tir • •rYY�.rw,�li•/y�MY•� 1iY Yerr+_ ii,ir ,.w 0. tlwt fhh- H - day al September .I.D.IJN tfCLMtxn x1um B. MIMANISM and DOROM L. MatAMBMA. busband and wile the Cbrat ri a cook end staff ai/Illinois e �py$rd� and CITY OF DANIA. a municipal corporation atlganisad and existing under the laws of tM state of Florida, and having a post' ofeice, ad"& of 0/0 city, Nall.oants. o/ like CbKn(g Broward led��tate o/ ►lorida ,,-, ,of me � Witnemeth,Mob the said purtg of this$rd part,%.'o„�twang y{• e Me saint y�..��Z1tt AND 00/100 ((ss10.00)---------------- -----------DottWs• I. in Aaad peril ag Ike taW ptrtF yf 7hssetwnd Of--n#W IrArrmf k Anrbg atdaroee4 rdd��ad, Ass Plant,,ee�� slalea and g,slldlatnlm Bad 60 IArra ynrse/s date romisp '"M." and jtammtfsZe6 cafe Its said In the reaand pert an Me tirt,111k.tnlrresj states aril daunted irhkh this said yartr sltAs Ifrrt part has to and/s that/blkrds/ 377 daetibed�l,pkao or prr"Je o/fms4, raft/nb yl ,t Bad beta/In the owatt'a!' 0. L dims oV/Gnid4 to tail: •i The East 30 feet of the Meat M feat a! Block* 1. 2, 3 and 4l and , the Meat s feet of Blacks S, 6, 7 ind 0l end the south S feet of the •a West 176 feet of Block 4l and the Simth S feet of Block S. all 1n ! V the "AMENDW MV OF MMB0% IAMN6 $0. 1," according to the plat thereof recorded in Plat Book 14, page 46. of the Public Records i of Droward County, rloridal said land* rituats, lying and being II11!IIIIIIIIII in Droward County, rl,artda. R v c This tinarrY A mad We fit Co.b Pala wlra rti�antAfew,rlantrrt at Isw 0.ele eeeeJ f alA.p Itaala lY:las 720a1 VTTo Have anti to Hold the ,ante, Iajether with cif cad sin+alarapparienasste Ihereassto betoadta! or to an aplKrfainta/, cad all the estanrAl,t , r said partyof the first port,either As late,or equtfy,to die only proper we,bene!?land behoof of the said party of the second park �i In Wit lncae Whereof, the said party of the Aral part has hernrnto lad Air f 4 i I I I hand and sea the day and yew Jest above written. 1111 SI ed,SWed and Deihsred In Our Prmn"t.r.•.an v k.C.lt a,...: w1111aB r, a aw a—'r�M� Diariatray . M.ur waka _._ .tle.aaeamtwar°�iar _ _.., dACN WHEE�R ;. _ 3 1 AN Ed ❑ I Stale Ufam 1111nu1a Oita of Cook Mn I ,. IEREBY CERTIFY, That on thlt}day personally apppeeaar.d b%re ate,an ol)teer duly authorised to admtnister"the and take acknowtediments, WILLIAM 3. MVRAwSHA and OOR7fHY G. MIJRAMSKA, husband and wife, j to me well known to be the persons derenbed In and who eareutsd tlss/ore(atn J :nsuttment and they aeknoxiedfed be/ore me that lie �'.•, I urrnted tha same /redy and aolenlarlly for the ptsrpous therein erprsssed. �I WITNESS my hand and of]lriel seal at j� I G.anfy o/ Cook , and State o/ 11RBedS"this rf 5 I, dayo/ Septembar A. D. 1968 . Illinois ..1t . 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IN '_ I J� •7AV I • M1M.1 w .. .. u k r s I � i I i ®;; _ 03 3 j 1 6 (1I Ito w�„• J J -+6 u ; i 7A1110 CN1010M J ul l Zj � n 3 z r uj 0 aa I �II i l+l aar v� . ru 1MAGE01 FL-07-12687 03/05/2007 11:33:36am DOC: PH 32/23 Page 1 CE 3@29�V E MAR 1J4L720007 LLLJJJ Planning Departme till it t . a�lll it 3rt �I �l � I�i F ,� �� ► ;� t, Lk lift t( f F(J � QLY.I.if/0/ MHMOY.I L City Of Dania Beach ��� �i��D Department of Public Services Office of the Director Planning 2Etment November 29,2006 James M. Crowley, Esq. Gunter Yoakley&Stewart, P.A. 500 E. Broward Blvd. Suite 41400 Fort Lauderdale, FL 33394 RE: Vacation of Right-of-Way, Portion of NE 20d Street Dear Mr. Crowley, This letter is in response to your request for a No Objection Letter for the vacation of a portion of NE 2nd Street note fully described in your Exhibit"A'. We have no objection as long as the developer incurs all cost associated with the above mentioned vacation. This includes the relocation of our facilities, upgrade water main to 12-inch diameter, and grant replacement easements,Engineering,design,permitting, and document costs,etc. Also, we would like to review conceptual/preliminary design drawings showing the relocations as soon as possible. Please contact me at (954) 924-3741 if you have any questions. Sincerely, Dominic F. Orlando, P.E. Director of Public Services cc: Corinne Lajoie, Principal City Planner Leo Williams, Superintendent Tom Ansbro, City Attorney P.O. Box 1708, Dania Beach, FL 33004 ' Phone(954) 924-3742 ' Fax (954) 923-1109 Florida Power3 Light Company 4000DavisD Road Extension Hollywood, F133334 Phone:(954)442-6350 Fax:(954)442-6340 FPL November 27,2006 MAR 1 b 1001 James Crowley Gnster,Yakley & Stewart Planning Post Office Box 14636 Department Fort Lauderdale, FL 33302 Re: Vacation of Dania Jai Alai—N.E. 2nd Street Vacation Dear Mr. Crowley: Florida Power and Light has reviewed the surveys of the property and has determined that Florida Power and Light has no objection to the vacation of the right of way on the portion of NE 2nd St between Fronton Blvd and NE 5d'Ave. The developer or owner shall be responsible for the cost of relocating the FPL utilities for and granting any additional required easements. Sincerely, Derek Fahey Florida Power and Light Customer Project Manager an FPL Group company ® BELLSOUTH BellSouth Telecommunications.Inc. OEM 11tttt tttt����n�s��dtttt����r{�� South Browerd Engineering 6601 W.Sunrise Blvd. 1l��jj u LL'JJ 2nd Floor Ptentstion,FL M322 - MAR 14 2007 December 01,2006 Planning Departmee nt Mr. James M. Crowley Gunster,Yoakley& Stewart, P.A. ATTORNEYS AT LAW 500 E Broward Blvd, Suite 1400 Fort Lauderdale, FL 33394-3076 Re: Vacation of Right of way as described in Exhibit"A" portion of NE 2nd St Dear Mr. Crowley: Please be advised that BellSouth has no objection to the vacation of this portion of right- of-way on NE 2"d St as proposed. Currently BellSouth does not have any working facilities in the area. However, a new utility easement or right-of-way must be provided to BellSouth along the proposed path of NE 2"d St. If you have any questions, please do not hesitate to contact me. Sincerely, l//Joel Louis Specialist-OSPE BellSouth Telecommunications, Inc. Phone (954)476-2907 v MAP 14 2007 aw Planning Department Room 3D151 1 AT&T Way Bedminster,NJ 07921 January 10, 2007 Mr. James M. Crowley Gunter,Yoakley&Stewart,P.A. Broward Financial Centre 500 East Broward Boulevard, Suite 1400 Fort Lauderdale, FL 33394 Re: Vacation of Right of Way more fully described in Exhibit A(the"Property") Dear Mr. Crowley: It is our understanding that Boyd Gaming Corporation("Boyd")plan to renovate and improve the Dania Jai Alai fronton,located at 301 East Dania Beach Boulevard, Dania Beach, Florida(the "Project"). As part of its renovation plan, Boyd is proposing to vacate and reconfigure a portion of NE 2°d Street in the City of Dania Beach("City") shown in its Exhibit"A". AT&T has existing facilities in the City on right of way Boyd and the City are proposing to vacate. AT&T has no objection to the vacation of the right of way provided: AT&T's facilities are relocated to a location acceptable to AT&T without any disruption in service and without any negative impact to the AT&T facilities, at the sole cost of Boyd. AT&T shall receive permanent replacement easements from the City, Boyd or any other property owner, for the continued operation and maintenance of the AT&T facilities at the new location, at no cost to AT&T in substantially the form attached. AT&T's facilities shall be relocated to the new easement location prior to Boyd or its contactors performing any work in the exiting City of Dania Beach right of way being vacated in which the AT&T facilities are currently located. AT&T shall receive temporary and/or permanent easements from Boyd in order to continue to operate and maintain its existing facilities and relocated facilities during construction of the Project at no cost to AT&T. Dec Llb ub ue: Ulp -- -- - - - - - Sri Slwlll'a Oal::• zeoi war art,•.rd So ward MA 1 4 1007 Fort Lauderdale.Fli 33312 49 (954)a3"900 . wti ..shwa f.i � Planning Dep�rt�»ent December 8, 2006 Mr. ].unm Crowley I revi.-i the site plan submitted to vacate a portion of NE 2ad Street in the City of Dank. Beach to mitigate traffic impacts on the community. After review,I have no objec:ion to this request. I also reviewed the site plan to vacate a portion of NE 5°Avenue which would be used has a,ervice entrance. I have no objection to this request. Sincerely et ' e char arrant District#2/Dania Beach LII��CIp—` t .j L ' t� PCA �eA i 5v, �o C,11 1iv— �LR S— Salt /1�IrI0G . SST r City of Dania Beach Fire Rescue F oho D w Bureau of Fire Prevention 100 W. Dania Beach Blvd. Dania Beach, FL 33004 �90A Office: (954)924-3656 Fax: (954)924-3733 December 18, 2006 Gunster, Yoakley, & Stewart, P.A. Attorneys at Law MAR 14 2007 Post Office Box 14636 Fort Lauderdale, FL 33302-4636 Planning Re: Vacation for a portion of N.E. 2 Street Department Dear Mr. Crowley: I have received your request to vacate the Right-of-Way for a portion of N.E. 2 Street for the facility located at 301 East Dania Beach Boulevard, Dania Jai-Alai. This request is being made in an effort to mitigate the traffic impacts of the project on adjacent neighborhoods. The City of Dania Beach Fire Prevention Bureau has reviewed your request and has no objections for this vacation as fully described in Exhibit "A" of your submittal with the understanding that provisions will be made for Fire Department Access. If I can be of further assistance, please contact me at your convenience. Sincerely Captain Sean Brown Fire Marshal Cc: Larry Leeds Michael Cassano Ken Land Ivan Pato Ccomcast ��� MAR 14 2507 Regional Design Center• Engineering Department 2601 SW 145a'Ave-Miramar,Fl 33027 Qla r)n i n 9 Monday,November 301h.2006 D i pa rtin a a t James M Crowley Gunster Yoakley&Stewart- Broward Financial Center 500 East Broward Boulevard, # 1400 Fort Lauderdale, FL 33394-3076 Re: Dania Jai Alai Right-of-Way Vacation Comcast ID: 1590-Project Number 27913.00001 Broward County Dear Mr. Crowley: Please be advised, in reference to the Dania Jai Alai Right-of-Way Vacation project, Project Number 27913.00W1,Comcast has: ❑ NO objections with the proposed Right-of-Way/Easement vacation. XExisting/active aerial plant attached to the existing utility poles within the limits of your project. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. ❑ Existing sub-grade plant within the limits of this project. Our sub-grade plant is located approximately 30"/36" under the roadway, swale area and/or Right-of-Way boundary. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. ❑ Existing / active aerial and sub-grade plant within the limits of your project. Our aerial plant is attached to the existing utility poles and our sub-grade plant is located approximately 30"/36" under the roadway, swale area and/or Right-of-Way boundary. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. NOTE: The marked plans represent a general location of our plant, therefore, we strongly recommend verifying our plant location prior to construction. Should you have any further question, please feel free to call me at 1-954-534-7380, fax 1-954-534- 7083 or e-mail at Leonard Maxwell-Newbold@cable.comcast.com Sincerely, '_\iA6 QC4- Leonard Maxwell-Newbold Regional Permit Administrator Comcast/Southern Division( ROC) CC: Thomas Carroll-Design/ Engineering Manager Gunster Yoakley& Stewart File/JM MUID #1590- 11/30/2006 10:00:26 AM Boyd and its contractors shall be liable and shall indemnify and hold AT&T harmless for any damage to the AT&T facilities or AT&T customers. Boyd and its contractors shall provide AT&T with a minimum of 48 hours written notice prior to performing any work within 50 feet of our cable or which may have any impact on our facilities. AT&T may have an AT&T observer present during any construction. Very truly yours, Robert W cc: Rosalie Leib - AT&T Craig Petrie-PEA ol rp 3"9Z,JC CY) I to 0 0 0 jj 'jZF bd 'GUT 10 8 0 Pa;---A - — — — — — — — — — 0 'ay�,E rz, 'fid Twe so, p z < LL EVE 0 Jv t 0 ea 5 tj L) P4 6:-� F. in c*4 Lij WE j at OW O :z 0 C) C,- N k En WWI —j U- 0 CD w a) -W'3'8 '19 'fid WO VC C) 3- to tu ok * .T7.;FAjq Rojxoua <o r . to cnQO oa .lot z Ile, tit m 0 bo E If cro MEE L-4-0M C w E M Id—l's Iz bra7, LU) ®r�cil 1 E I i 1 1 m _ Xer O PEOPLES GAS Easement 8 Right-of-Way/Plat To: Guaster, Yoakley, & Stewart, P.A. Date: December 7, 2006 Broward Financial Centre, Suite 1400 500 East Broward Boulevard Attention: James Crowley Subject Dania Jai Alai Property NE 2"d St. Vacation City of Dania Beach, Broward County,Florida (X) Peoples Gas has no objections to this vacation for the following reasons: Peoples Gas has no facilities within Right-of-Way proposed for vacation. Angel L.Quant Prepared By: SW South Florida Regional Operations Manager Atlas Pg: 1809 NE ( ) Peoples Gas has facilities within the referenced area to be vacated, however, we have no objections to this vacation providing a utility easement is incorporated in the re- plat,or the applicant will pay for the relocation or replacement of these facilities. Angel L. Quant Prepared By: South Florida Regional Operations Manager Atlas Pg: ( ) Peoples Gas has facilities within the referenced area to be vacated which cannot be relocated for technical reasons, however, we have no objections to this vacation providing a utility easement, as shown on the attached drawing, is incorporated in the re-plat. Angel L. Quant Prepared By: South Florida Regional Operations Manager Atlas Pg: ( ) Peoples Gas objects to the proposed vacation for the following reasons: Angel L. Quant Prepared By: South Florida Regional Operations Manager Atlas Pg: TECO PEOPLES GAS 5101 N.W.21"AVENUE,SUITE 460 FORT LAUDERDALE,FL.33309 (954)-453-0817 Engineering (954)453-0824 FAX(954)453-0804 CUTRO & ASSOCIATES CERTIFICATION LETTER May 1, 2007 City Of Dania Beach Community Development Department 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ATTN: Laurence Leeds, AICP & Lou Ann Cunningham PROJECT TITLE: Dania Jai Alai REQUEST: Vacation of a portion of NE 2nd Street and Plat SUBJECT PROPERTY: NE 2nd Street between Fronton Blvd. and NE 41h Court for the vacation and the property generally located on the north side of Dania Beach Boulevard between NE 3rd Avenue and NE 51h Avenue for the plat. This is to certify that the attached notices ware mailed to the property owners east of Federal Highway to the Dania Beach — Hollywood Municipal Boundary and north of Dania Beach Boulevard to the Dania Cut Off Canal in Dania Beach on April 25`h, 2007. The list of property owners to whom the notice was mailed was obtained from the Broward County Property Appraiser's office on March 261h, 2007. Sincerely, (t 1 Christopher Cutro, AICP Sworn and subscribed before me this 1 S` ay of May, 2007. Loummcu AMM / �liYt-ram t,(,PL 1 r Signature of Notaq ca mr Ex �o b2�n n 0hriS; +a��:z� � lU �ro !S �PYrO/1G� �i/ �,awry f-p �-r1c . CHRIS CUTRO PRESIDENT AICP 1025 N.YALE DRIVE HOLLYWOOD FL, 33021 PHONE:(954)920-2205 FAX: (954)964-5587 VC-17-07/ PL-16-07 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY COMMISSION, on TUESDAY, MAY 8, 2007, at 7:00 D.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 requests: PL-16-07 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC FOR THE "DANIA JAI ALAI PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF 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. Exhibit `A' Legal Description -Portions of the East one-half(E ''/z)of the Northwest one-quarter(NW ''/4), of the Northeast one-quarter (NE %.), of the Southeast one-quarter (SE ''/4) and of the East one-half(E ''/z) of the Southwest one-quarter (SW %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 Y,), 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 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" Avenue and Fronton Boulevard, all the above being more particularly described as follows: BEGINNING at the Northerly most Southwest corner of said CAYDEN'S CORNER; THENCE North 01°45'47" West on the West line of said CYADEN'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 60°28'34" 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 corner 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; 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 2°d 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 88'41'36" 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 01`30'00" 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 42'26'19" and an arc distance of 18.52 feet to a point a point of non tangency; THENCE North 01'45'47" West,a distance of 63.06 feet to a point on the North right-of-way line of Northeast 2"a Street as described in Official Records Book 3757, Page 285 of the Public Records of Broward County, Florida; THENCE South 88°41'36" West on said North right-of-way line of Northeast 2"a 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 are of said curve having a radius of 25.00 feet and a central angle of 89"32'37"an are 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. Location Map: 1-� --- DANIA CUT OFF CANAL 1 J I NEIRD_TER Rd-8000 C-3 C:4 } 2, wZ t < z N ' { w 4rc E:3RD'ST C {v 2 M NEZND-PL - 'i f�(')-T- NE 2ND'PL Rs-Duuu 1 RD-80U0 rL NE2NDST RS.60fl0--- RM m-- m CITY FDANIA EACH a N c 7 PIr16-07 ui - m' A NE-1 ST CIS NEI ST-ST R, -2 m NE4STT C"2 C-1 E DARIA BEACH SLVD. C-2 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VC-17-07 - The applicant Heidi Davis Knapik, with Gunster Yoakley & Stewart, PA, representing The Aragon Group, Inc., is requesting approval to vacate a portion of NE 2nd Street between Fronton Boulevard and (unimproved) NE 4th Court, in the City of Dania Beach, Florida. Legally described as: Dania Jai Alai—N.E. 2"d Street Vacation; a portion of Section 34, Township 50 South, Range 42 East, City of Dania Beach,Broward County, Florida. Portions of Northeast 2"d Street and Fronton Boulevard as described in Deed Book 808,Page 51, Official records Book 3757, Page 285 and on the plat of Harbor Lawns No. 1, according to the plat there of as recorded in Plat Book 12, Page 43 and on the plat of Dania Country Club Estates, according to the plat thereof as recorded in Plat Book 32, Page 23 all in the public records of Broward County,Florida and described as follows: Commence at the Southerly most Southwest corner of Cayden's Comer,according to the plat thereof as recorded in Plat Book 176,Pages 36 and 37 of the Public Records of Broward County, Florida; Thence North 88" 41' 36" East on the South line of said Cayden's Comer and on the North right-of-line of Northeast 2"d Street, a distance of 228.22 feet to the point of beginning; Thence continue North 88' 41' 36" East on said North right-of-line of Northeast 2"d Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; Thence Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90' 14' 04" and an arc distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida and a point of cusp; Thence South 01' 32' 28" East on the Southerly projection of said East line, a distance of 85.10 feet to the intersection with the South right of way line of said Northeast 2"d Street, as described in said Deed Book 808, Page 51, of the public records of Broward County,Florida;Thence South 88`41' 36"West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book 808, Page 51; Thence South 01* 30' 00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Thence South 88'41' 36" West, a distance of 100.00 feet to the West right-of-way line of said Fronton Street as shown on said plat of Dania Country Club Estates, 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' 19"and an arc distance of 18.52 feet to a point of non tangency; Thence North 01' 45' 47"West, a distance of 63.06 feet to the point of beginning; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 38,235 square feet(0.8778 acres),more or less. Location Map: CITY OF DANIA BEACH VC-17-07 NE WD'ST f NEMYL—. pi Q tl S RS-8000 s, 2 a w NE 3ND PL 2 Z p K THIS SITE ax 4 NE2ND ST A O Z OS C-2 RM-2 m Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petitions. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd,Dania Beach,FL 33004, (954) 924- 3623, at least 48 hours prior to the 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. 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WHEREAS, the City of Dania Beach ("City") is the fee simple owner of portions of NE 2"d Street, Fronton Boulevard and (unimproved) NE 41h Court ("Property"), and legally described in Exhibit"A"; and WHEREAS, pursuant to Resolution No. 2007-081, passed and adopted on May 8, 2007, the City approved the petition of The Aragon Group, Inc. to vacate and close the Property; and WHEREAS, in connection with such vacation, the City desires to authorize the proper City officials to execute a quit claim deed to convey portions of the Property from the City of Dania Beach to The Aragon Group, Inc. (a copy of the quit claim deed is attached as Exhibit "B"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, is willing to convey to The Aragon Group, Inc. portions of NE 2"d Street, Fronton Boulevard and (unimproved)NE 4`h Court, and legally described in Exhibit "A", which was vacated by the City Commission pursuant to Resolution No. 2007-081 on May 8, 2007. Section 2. That the proper City officials are authorized to execute a quit claim deed conveying the Property from the City of Dania Beach to The Aragon Group, Inc., a copy of which quit claim deed is attached as Exhibit`B". 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 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-090 EXHIBIT "A" LEGAL DESCRIPTION Dania Jai Alai—N.E. 2"d Street Vacation; a portion of Section 34, Township 50 South, Range 42 East, City of Dania Beach, Broward County, Florida. Portions of Northeast 2"d Street and Fronton Boulevard as described in Deed Book 808, Page 51, Official records Book 3757, Page 285 and on the plat of Harbor Lawns No. 1, according to the plat there of as recorded in Plat Book 12, Page 43 and on the plat of Dania Country Club Estates, according to the plat thereof as recorded in.Plat Book 32, Page 23 all in the public records of Broward County, Florida and described as follows: Commence at the Southerly most Southwest corner 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; Thence North 88' 41' 36" East on the South line of said Cayden's Corner and on the North right-of-line of Northeast 2"d Street, a distance of 228.22 feet to the point of beginning; Thence continue North 88' 41' 36" East on said North right-of-line of Northeast 2"d Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; Thence Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90° 14' 04" and an arc distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida and a point of cusp; Thence South 01° 32' 28" East on the Southerly projection of said East line, a distance of 85.10 feet to the intersection with the South right of way line of said Northeast 2"d Street, as described in said Deed Book 808, Page 51, of the public records of Broward County, Florida; Thence South 88' 41' 36" West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of- way line of Fronton Boulevard as described in said Deed Book 808, Page 51; Thence South 01` 30' 00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Thence South 88' 41' 36" West, a distance of 100.00 feet to the West right-of-way line of said Fronton Street as shown on said plat of Dania Country Club Estates, 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' 19" and an arc distance of 18.52 feet to a point of non tangency; Thence North 01° 45' 47" West, a distance of 63.06 feet to the point of beginning; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 38,235 square feet (0.8778 acres), more or less. 3 RESOLUTION#2007-090 EXHIBIT "B" PREPARED AND RETURN TO: Heidi Davis Knapik, Esq. Gunster, Yoakley & Stewart, P.A. 500 E. Broward Boulevard, Suite 1400 Fort Lauderdale, Florida 33394 Tax I.D. Nos. 5042 34 00 0560, 5042 34 00 0570, 5042 34 00 0580 and 5042 34 16 0010 QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed on 2007, on behalf of the CITY OF DANIA BEACH, FLORIDA, f/k/a City of Dania ("Grantor"), the address of which is 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 and THE ARAGON GROUP, INC., a Florida corporation ("Grantee"), the address of which is 301 E. Dania Beach Boulevard, P.O. Box 1107, Dania Beach, Florida 33004. (Whenever used in this document, the terms "Grantor", "Holdings", "Trustee" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and their successors and assigns) WITNESS: In consideration of the foregoing and the payment to the Grantor by the Grantee of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which are acknowledged and agreed upon, Grantor releases, remises and quit claims to the Grantee, its successors and assigns forever, the property described in Exhibit "1" attached and incorporated into this document. TOGETHER with all tenements, hereditaments and appurtenances, belonging to them or in any way appertaining to them. TO HAVE AND TO HOLD them together with all their appurtenances belonging or in any way appertaining to such lands, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, if any, either in law or equity, to the only proper use, benefit and behalf of Grantee forever. The Grantor also chooses not to reserve and releases any mineral and petroleum rights that it could have retained pursuant to §270.11, Florida Statutes. IN WITNESS OF THE FOREGOING, the Grantor has set its seal on the day and year first above written. [SIGNATURE PAGE FOLLOWS] 4 RESOLUTION #2007-090 GRANTOR: City of Dania Beach, Florida, A Florida municipal corporation BOB ANTON, Mayor APPROVED AS TO FORM AND LEGALITY Thomas J. Ansbro, City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on , 2007, by Bob Anton, as Mayor of the CITY OF DANIA BEACH, FLORIDA, who is personally known to me, and who executed it on behalf of the City. Notary Public, State of Florida My commission expires: 5 RESOLUTION #2007-090 Exhibit 1 LAND DESCRIPTION PORTIONS OF NORTHEAST 2Dd STREET,FRONTON BOULEVARD & (UNIMPROVED) NORTHEAST 4TH COURT SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY,FLORIDA Portions of Northeast 2"d Street,Fronton Boulevard and (unimproved)Northeast 4`h Court as described in Deed Book 808,Page 51, Official records Book 3757,Page 285 and on the plat of HARBOR LAWNS NO. 1, according to the plat thereof as recorded in Plat Book12,Page 43 and on the plat of DANIA COUNTRY CLUB ESTATES, according to the plat thereof as recorded in Plat Book 32,Page 23 all in the Public Records of Broward County, Florida and described as follows: COMMENCE at the Southerly most Southwest comer 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; THENCE North 88041'36" East on the South line of said CAYDEN'S CORNER and on the North right-of-way line of Northeast 2"d Street, a distance of 228.22 feet to the POINT OF BEGINNING; THENCE continue North 88°41'36" East on said North right-of-way line of Northeast 2"d Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; THENCE Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90°14'04"and an are distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida, and a point of cusp; THENCE South 01'32'28"East on the Southerly projection of said East line, a distance of 85.10 feet to the intersection with the South right-of-way tine of said Northeast 2"d Street, as described in said Deed Book 808,Page 51, of the Public Records of Broward County, Florida; THENCE South 88°41'36" West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book 808, Page 51; THENCE South 01130'00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Peepmod GLVIN.GIORDANO R ASSOCIATES.INC. I=No Dens-Salta M FM Laadndalo,FL 33316 November3.Mb6 Reward earth 19,200] 1,M Apes ZI,M7 P1Pmfecet3066I066X0DaubRmahki Alai PbKIURVEYLgal Hplioua$301.V-SPZSTR�VACAdov SHEET 1 OF 3 SHEETS THENCE South 88°41'36" West, a distance of 100,00 feet to the West right-of-way line of said Fronton Street as shown on said plat of DANIA COUNTRY CLUB ESTATES, and the beginning of a non-tangent curve concave to the Southwest, whose radius point bears South 88030'00" West; THENCE Northwesterly on the are of said curve having a radius of 25.00 feet, through a central angle of 42°26'19"and an arc distance of 18.52 feet to a point of non tangency; THENCE North 01°45'47"West, a distance of 63.06 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County,Florida and containing 38,235 square feet(0.8778 acres), more or less. 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 Northeast 2nd Street having an assumed bearing of South 88041136" West. 4. Information s wn hereon does no epresent a Boundary Survey. CALVIN, GIO ANO& A S,INC. Signed: DATE:_ 0 Greg J. Clements Professional Surveyor and Mapper Florida Registration Number 4479 prva W CALVIN,GIORDA40 A ASSOCIATES,INC. I Eller Dd.•Suhe 6W Fat U dmble,FL 33316 No.lwzM It,&d Much 10,M7 Rw Apn1 X MT p,hVjw0l0Nb65n3DoomBeechA Alai?Iat3SVRVF,V:LegalDt iptioiu't 15W3N.S0.STR-VAC.\Coe SHEET 2 OF 3 SHEETS I s� 'l:)gtb'9_N ^� - _- s.iwn ]VId s: o 06'99 3_,BZ,lE_IOSA k � x NQV NI — aen � J W M � ZYR,� � • � s r O LO II N 0 - - - - - - - - - -�-- .a7a 'ZL8 '6d 'SLLL '8'a0 P>ti°On ----_---- 3N _ _ _ a\f _ ZM1 Z w O d 9 8 'V 6d z p^ a F- m '6066 'e'U'0 ai u Q C � n � � U -lp ,D ��', g r €, g a€ Z > � U-'a'70 'sa¢ '6d 'LSGL O M a .9 N O O o- M min^ av-8a umo 00 ° gu -0 Q i w0 mb t Q F Ym <<"SrB..`�m V C U Z S� Q mu mui3oGroan°ama°rcrc¢�i N a w�a. 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WHEREAS, the City has approved a development agreement ("Development Agreement") for construction of a capital improvement on the property located at 301 East Dania Beach Boulevard, Dania Beach, FL (the "Property"), as set forth in Resolution No. 2006-200, adopted by the Dania Beach City Commission on November 14, 2006; and WHEREAS, The Aragon Group, Inc. ("Grantor") is the fee title owner of that certain parcel of land located in Broward County, Florida, more particularly described in Exhibit "1", consisting of 3 pages, attached to this Resolution (the "Easement Area"); and WHEREAS, in connection with the Development Agreement, a portion of Northeast 2°d Street will be reconfigured to prevent ingress to and egress from the Property to protect residential neighborhoods in the area; and WHEREAS, Grantor desires to grant and create a temporary, non-exclusive easement in favor of the City and its franchisees, including public and private utility providers with existing facilities in the Easement Area, for ingress and egress over, under and upon the Easement Area; 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 accept a temporary easement for public ingress and egress, as well as repair and maintenance of existing public or private utilities (the "Temporary Easement') from Grantor, which is attached as Exhibit 112" to this Resolution. The City Manager and City Attorney are authorized to make minor revisions to the attached documents as are deemed necessary and proper for the best interests of the City. Section 2. That the Temporary Easement shall be recorded in the Public Records of Broward County, Florida. The cost of recording shall be paid for by the Grantor and the actual recording shall be done by 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 2007. BOB ANTON, MAYOR ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-089 Exhibit 1 LAND DESCRIPTION PORTIONS OF NORTHEAST 2nd STREET,FRONTON BOULEVARD & (UNIMPROVED) NORTHEAST 4TH COURT SECTION 34,TOWNSHIP 50 SOUTH, RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA Portions of Northeast 2"d Street,Fronton Boulevard and (unimproved)Northeast 4`h Court as described in Deed Book 808,Page 51, Official records Book 3757,Page 285 and on the plat of HARBOR LAWNS NO. 1,according to the plat thereof as recorded in Plat Book12,Page 43 and on the plat of DANIA COUNTRY CLUB ESTATES,according to the plat thereof as recorded in Plat Book 32,Page 23 all in the Public Records of Broward County, Florida and described as follows: COMMENCE at the Southerly most Southwest corner 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; THENCE North 88°41'36" East on the South line of said CAYDEN'S CORNER and on the North right-of-way line of Northeast 2"d Street, a distance of 228.22 feet to the POINT OF BEGINNING; THENCE continue North 88041'36" East on said North right-of-way line of Northeast 2"d Street, a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; THENCE Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90°14'04"and an are distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida, and a point of cusp; THENCE South 01'32'28" East on the Southerly projection of said East line, a distance of 85.10 feet to the intersection with the South right-of-way line of said Northeast 2"d Street, as described in said Deed Book 808,Page 51, of the Public Records of Broward County, Florida; THENCE South 88°41'36" West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book 808, Page 51; THENCE South 01'30'00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; CALVIN GIORDANO k ASSOCIATES.INC. S00ERaai. -Suuc6W Pon Laadc .FL SSJ 16 Novarba E,ZM RaNwd Mud,19,M7 Ravixd 4 A 24,M7 Pl JMu4W6W M3D is 8m h Jai Alai PWSURVEft llR riF,iomW5303-V-SD-2STR.VACA.d SHEET 1 OF 3 SHEETS THENCE South 88°41'36" West, a distance of 100.00 feet to the West right-of-way line of said Fronton Street as shown on said plat of DANIA COUNTRY CLUB ESTATES, 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 are of said curve having a radius of 25.00 feet, through a central angle of 42°26'19"and an are distance of 18,52 feet to a point of non tangency; THENCE North 01°45'47"West,a distance of 63.06 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County,Florida and containing 38,235 square feet(0.8778 acres), more or less. 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 Northeast 2nd Street having an assumed bearing of South 88041'36"West. 4. Information s wn hereon does no epresent a Boundary Survey. CALVIN,GIO ANO& A S,INC. Signed: DATE: Greg J. Clements Professional Surveyor and Mapper Florida Registration Number 4479 Nmwclbr. CALVIN,GIORDANO A ASSOCIATES.INC. IME DING•SuNC6W Fart LaudeNNe,FL 33716 Novarbu 1,SqM ]Lmb Much 19.i00i Rcvrsod Apfl 24.3007 P:` q.0006U35 3 Deno B b ki Ala PlaOSURVF.V:Lgg 1 D,,*iom`-065b).V-SM?STILVACA.Eoc SHEET 2 OF 3 SHEETS ----:/ — y.�.e sad •>t -se ! _P n '1��Rb •H_N c` S,i l /rid tl ,0l'98_3,,SZ,Z6etOS� �§ n h aM mr mrnoi h V' O viooa £. 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I I 6 Exhibit "2"—Resolution #2007-089 This instrument prepared by and Return to: Heidi Davis Knapik Gunster, Yoakley& Stewart, P.A. 500 East Broward Boulevard Fort Lauderdale, FL 33394 TEMPORARY ROAD AND UTILITY EASEMENT This easement agreement (the "Easement Agreement') is granted on , 2007, by THE ARAGON GROUP, INC., a Florida corporation ("Grantor"), having an address of 301 East Dania Beach Boulevard, Dania Beach, Florida 33004, to THE CITY OF DANIA BEACH, a Florida municipal corporation ("Grantee"), the address of which is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (collectively,the "Parties"). WITNESSETH A. Grantor is the fee title owner of that certain parcel of land located in Broward County, Florida, more particularly described in Exhibit "1", consisting of three pages, attached to this document (the "Easement Area"). B. Grantor has proposed and Grantee has approved a development agreement (the "Development Agreement") for construction of a capital improvement (the "Capital Improvement") on the property located at 301 East Dania Beach Boulevard, Dania Beach, FL (the"Property"), as set forth in Resolution No. 2006- 200, adopted by the Dania Beach City Commission on November 14, 2006. C. In connection with the Development Agreement, a portion of Northeast 2"d Street will be reconfigured to prevent ingress to and egress from to the Property to protect residential neighborhoods in the area. D. This Easement Agreement is intended to provide temporary rights of ingress and egress along the Easement Area for residents of the City of Dania Beach, City of Dania Beach and Broward County emergency and utility services, and private utility providers, until such time as the reconfigured Northeast 2°d Street is opened to the public. E. Grantor desires to grant and create, pursuant to the terms and conditions in this document, a temporary non-exclusive easement in favor of the City and its franchisees, including public and private utility providers with existing facilities in the Easement Area, for such ingress to and egress from over, under and upon the Easement Area. NOW, THEREFORE, for Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor and City agree as follows: 1 Exhibit"2"—Resolution #2007-089 1. Recitals. The foregoing recitals are true and correct and are incorporated in this document. 2. Grant of Easement. Grantor grants to Grantee a temporary, nonexclusive easement (the "Easement") over, under and upon the Easement Area to allow Grantee, at its sole expense, to use the Easement for the following purposes and no other use whatsoever: a. Maintain, repair and replace and have access to existing water and sewer facilities or infrastructure on, over or under the Easement Area. b. Provide vehicular and pedestrian ingress and egress to the public. C. Repair and maintain existing facilities within the Easement Area, including private utility facilities currently existing within the Easement Area, and to provide ingress and egress for such utility providers on, over or under the Easement Area. 3. Effective Date and Duration of Access Easement. The Easement granted by this document shall become effective upon the recordation of this Easement Agreement in the Public Records of Broward County, Florida. The Easement shall terminate on the date when the reconfigured Northeast 2"d Street receives final approval from all local, county, and state agencies required by applicable law. Upon termination of the Easement, Grantor and Grantee shall execute, and Grantor shall record, a notice of termination of this Easement Agreement in the public records of Broward County, Florida. 4. Maintenance of Easement and Liability. At all times during the term of this Easement Agreement, Grantee shall, at its sole cost and expense, maintain the Easement Area in good order and repair and in the condition existing as of the date first appearing above. In the event Grantee fails to maintain the Easement Area in good order and repair and in the condition existing as of the date first appearing above, Grantee shall indemnify Grantor for costs associated with any damage or injury caused by Grantee's failure to maintain or repair the Easement Area during the duration of the Easement. 5. Reservation. Grantor reserves all rights of ownership in and to the Easement Area which are not inconsistent with the Easement, including, without limitation, the right to grant further easements on, under, over and/or across the Easement Area (i.e., utility easement, and access easements or both) and the right to use the Easement Area for all uses not interfering or inconsistent with the uses permitted in this document provided such uses are permitted within public rights—of—way in accordance with the ordinances and regulations of the City of Dania Beach, or other applicable law, or are otherwise agreed to by Grantee. 2 Exhibit "2" —Resolution #2007-089 6. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the Grantor and Grantee, and the fee owner(s) from time to time of the Easement Area and the Property. 7. Amendments; Termination. This Agreement may not be amended, modified or terminated except by written agreement executed by Grantor and Grantee. Further, no modification, amendment or termination shall be effective unless in writing and recorded in the Public Records of Broward County, Florida. Grantor and Grantee agree that this Easement shall terminate on the date when the reconfigured Northeast 2"d Street receives final approval from all local, county, and state agencies required by applicable law, at which time Grantor and Grantee shall execute, and Grantor shall record, a notice of termination of this Easement Agreement in the public records of Broward County, Florida. 8. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the Easement granted in this document and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties. 9. Recordation. This Agreement shall be recorded in the Public Records of Broward County, Florida. 10. Governing Law. The Easement and this Easement Agreement shall be construed in accordance with the laws of the State of Florida. [TEXT AND SIGNATURES FOLLOW] 3 Exhibit"2"—Resolution #2007-089 IN WITNESS OF THE FOREGOING, the Parties have caused this Easement to be executed the day and year first above written. WITNESSES: GRANTOR: THE ARAGON GROUP, INC., a Florida corporation Witness Signature Printed Name: By: Name: Title: Witness Signature Signature Date: 2007 Printed Name: STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) The foregoing Easement was acknowledged before on 2007, by , as of THE ARAGON GROUP, INC., a Florida corporation, on behalf of the corporation, who [ ] is personally known to me, or [ ] has produced as identification. (Notary Seal) Signature of Notary Public Name of Notary Typed, Printed or Stamped 4 Exhibit"2"—Resolution #2007-089 WITNESSES: GRANTEE: CITY OF DANIA BEACH Witness Signature Printed Name: BOB ANTON, MAYOR Signature Date: 2007 Witness Signature Printed Name: ATTEST: LOUISE STILSON, CMC, CITY CLERK APPROVED AS TO FORM: THOMAS J. ANSBRO, CITY ATTORNEY 5 CITY OF DANIA BEACH Agenda Item # 7. Agenda Request Database Date of Commission Meeting: 5/8/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-082 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE DELEGATION REQUEST SUBMITTED BY RENEE M. MILLER OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER,MARINA MILE PARK OF COMMERCE,L-C,TO CHANGE THE LOCATION OF THE 100 FOOT ACCESS OPENING ON THE PLAT KNOWN AS THE"DJP AIRPORT WEST'PLAT,GENERALLY LOCATED AT THE WEST SIDE OF SW 26TH TERRACE,BETWEEN SW 32ND STREET AND SW 33RD STREET;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ DR-18-07: The applicant, Miller Legg &Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. Resolution Staff Report Delegation Request Exhibit 1NOW Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 INJIMM 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: 7 Continued to: ❑ RESOLUTION NO. 2007-082 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY RENEE M. MILLER OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE LOCATION OF THE 100 FOOT ACCESS OPENING ON THE PLAT KNOWN AS THE "DIP AIRPORT WEST" PLAT, GENERALLY LOCATED AT THE WEST SIDE OF SW 26T" TERRACE, BETWEEN SW 32No STREET AND SW 33Ro STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the boundary plat known as the "DJP AIRPORT WEST" Plat was approved by the Dania Beach City Commission on February 14, 2007 by Ordinance No. 2007- 002; and WHEREAS, the owners desire to change the location of the previously approved 100 foot access opening to a new location which is located approximately 110 feet north of the previously approved access point, and legally described in Exhibits "A" and "B", copies of which are attached to this Resolution; and WHEREAS, Broward County requires that the City of Dania Beach concur with this revision prior to a review by the Broward County Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach approves the proposed revision which changes the location of the previously approved 100 foot access opening on the "DJP AIRPORT WEST" Plat, the proposed revision being legally described in Exhibits "A" and "B", copies of which are attached to this Resolution. 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 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-082 EXHIBIT "A" CrCFtifaP l A.__._ SHEET i OF I I _ DESCfnPTOH: (PROPOSED NON-IEWCULM ACCESS UK) A PORTION OF THE WEST 9OUNDARY OF PARCH'A'OF 1 1 ISGETTE'S RUNWAY, ADCORCINO TO THE PLAT THEREOF AS 1 RECORDED N PLAT S 1SA PAGE 18 OF THE PU@K ( I I RECORDS Di WDWARD COUNTY.FLORIOA,DESCNw AS FDI.LOWS: BEGIN AT THE NCRTHNE$T CORNER OF PARCEL'A'OF$AD I I EANUERTF,OR.R IROR3, j ,I TTE'S RUNWAY; TIE FO.LOWINO 3 C4URSE9 iCALOW AlO1C '`^V 1 / P9.56L LCR N V THE WEST 900NOARY OF SAD PARCEL'A^ THENCE SOUM OMIT EAST 3 12 FEET; THENCE SOUTH 02W3'32'EAST 9DUIN R 159."FEET; THENCE SWTN 02'N'A3'EAST to FEET M A A AR P.O.T.POINT MTERWNITON 01;THENCE SOUTH OZY326'FAST L>W2 T9. PER FEET TO THE POINT M BEONWNO THENCE NORTH L9'2Y11' FOOT EAST 111.19 FEET M THE POINT OF TERNINATON 02, SAD DINE 9NAlE,LTHC AND EKING IN RROWAAD COUl1Y, FLOWDA RE"WPE L RET}lTp1 AKJ. 1 x I .y Nwm—aHo-un L—NX—L —v W_xrnN7_ P-s m NOUN LNE P"m gm mm OF — Sy,Yrrnt A�lyOPO II I N.In4 RUNwAr I� 1 O'U F. W I P.IUK Pc.14 LCR. v � LQ p� . �w U NYAL E LOCATION 3f L f yNe d S.W.36M STREET g k I b a a;yh 9eeHWx w ,1awwr wwWx ,RAWy CPNf �g ~F I j It o. LOCATION MAP I� S02'AA'03'E f I 1.03' POJ 91 3�`� I SCYU'29 LLRY N8979'21'E 1 MASH POT,99 ucE UK PARML no R R.N. O. Y2 •A'CF'ISCET2'4_ L L«91n P 0.0 coal 0l 0pFnn9 O. P Dr .PO t 01 r.,mx.R1N.. CRAPNIQ SCALE urc D cR . 1,.we C.",N««N o sD Im 2M � swm uIR I 0 CR �OaW.4unly R««N I n E A.Lw L Ci ORL .OfRaly R«ue.Bp! - YCMV!1D-SQ-Il SOR, L�E..Sk.pl,ppFup,R.t«t'ur L Il iI1Y En«mn1 (M iQl T I P(Yp5Ft1 CAL Cnl�lb � iI Npf cuCmATn ...TD cAw. t naltmowt'nt SKETCH AND DESCRIPTION ,NI:SWFTGI 00ES NOT_ REPResNT A RwwPnY xwlcr CEPMEo T2 16n M�Yw vwmm�wwa"�irr�n v iiimi' DJP AIRPORT WEST,LLP ` AL REWSED NYAL EP xL MI LL E RN� E GG s1Art a FwRDA REO51R r wr Wm a CnEmo at yRu 04-00273 il-1C-058 .+rr.Vo-.E-NW.wInVHR. �euAAti N.aNVAI�DAN Nu+r 3 RESOLUTION#2007-082 EXHIBIT `B" PAGE 1 EXHIBIT OESCRIPFCN : (PROPOSED NON-VEHICULAR ACCESS LINE) SHLET i OF 2 A PORTION OF THE EAST RIGHT-OF-WAY LINE OF SW, 3018 AVENUE AS SHOWN ON 'PORT 95 COMMERCE PARK', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1". PAGE 2 OF ME PUBUC RECORDS OF BROWARO COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT ME SOUTHEAST CORNER OF PARCEL W OF SAID'PORT 95 COMMERCE PARK'', THE FOLLOWING 4 COURSES FOLLOW ALONG THE BOUNDARY OF SAID PARCEL-K-: (1) THENCE SOUTH 89'48'27-NEST 87.M FEET; (2) THENCE NORM 43'49.49- YEST 43.23 FEET; (3) THENCE NORTH 02-31.58'EAST 92.23 FEET; (4) THENCE NORTH 02-43.26- NEST 160.85 FEET; ME FOLLOWING 4 COURSES FOLLOW THE BOUNDARY OF ACCESS EASEMENT AS SHOWN ON SAID*PORT 95 [(AMERCE PARK' (1) THENCE NORM 4216134' EAST 29,81 FEET; (2) MENCE NORM 02'43'26- WEST SOW FEET; (3) THENCE SOUTH 8218.34- WEST 12.00 FEET; (4) MENCE NORTH 47'43'28' NEST 30.00 FEET; MENGE ALONG ME NEST BOUNDARY OF SAID PARCEL'K' NORTH 02'4N26' NEST 265,42 FEET; THENCE ALONG THE NORTH BOUNDARY OF SAND PARCEL X NORM 89'38'51- EAST 2002 MET-. THENCE ALONG ME EAST UNE OF ME SAIO 'PORT 95 COMMERCE PARK'NORTH 02W3'26'WEST 259.13 FEET TO THE POINT OF TERMINATION #1; TOGETHER WITH THE FOLLOWING DESCRIBED UNE: COMMENCE AT ME POINT OF TERMINATION IT, THIS PUNT ALSO BEING A POINT ON A 2623A0 FOOT RADIUS CURVE CONCAVE TO ME EAST WHOSE RADIUS POINT BEARS SOUTH 87D1'02' EAST: THENCE NORTHERLY ALONG SAID WRNS THROUGH A CENTRAL ANGLE OF 00128.24' AN ARC DISTANCE OF 21.67 FEET TO ME PUNT OF BEGINNING#2; MENCE CONTINUE NORHERLY ALONG SAID CURVE MROU H A CENTRAL ANGLE OF 0215'02' AN ARC OSTANCE a 110.67 FEET TO A PUNT OF REVERSE CURVATURE OF A 2717.00 FOOT RADIUS WOVE CONCAVE TO ME WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03.361W AN ARC DISTANCE OF 173,22 FEET TO A POINT OF N014-TANGENCY; THENCE NORM 06W0'lr EAST 15.83 FEET M ME PORT OF TERMINATION #2; TOGETHER AM ME FOLLOWING DESCRIBED UNE: COMMENCE AT ME AFORESAID PONT OF TERMINATION #T THENCE ALONG ME EAST LINE OF ME SAID -PORT 95 COMMERCE PARK' NORTH 02-43'26' WEST 366.35 FEET TO ME POINT OF MONNING A THIS PUNT ALSO BEING A POINT ON WEST UNE OF PARCEL -A- OF -ISGETTE'S RUNWAY, ACCORDING TO THE PUT THEREOF AS RECORDED IN PLAT BOO( 158. PACE 18 OF ME PUBLIC RECORDS OF BROWARD COUNTY, FLOPOA; THE FOLLOWING 2 COURSES FOLLOW ALONG ME WEST UNE OF SAID PARCEL 'A' ALSO BEING ME EAST UNE OF SAO 'PONT 95 COMMERCE PARK': (1)THENCE NORTH 02'4S32' WEST MAT$ FEET; (2) THENCE NORTH W'5817' WEST 3 12 FEET; THENCE ALONG ME EAST UNE OF SAID 'PORT 95 COMMERCE PARK' NORTH 02'48'09- WEST M04 FEET TO A PONT ON A 2182.42 FOOT RADIUS NON-TANGENT WRVS CONCAVE TO ME EAST WHOSE RADIUS POINT BEARS SOUTH 8610'16'EAST: MENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'54'28' AN ARC DISTANCE OF IBO94 FEET TO A PONT OF TERMINATION #3. SAIO LINE SITUATE. LYING AND BEING IN BROWARD COUNTY, FLORID& YE YNET 2 Of 2 FW SMEiCN. STA�ROAO ILfENb W � �� A -naewF oc.a.•�w -bsa.w—pw+ LONVAL CATION ; mxnr FMwnwtl I ' S.W.361h STREET pi• PB -Pal BaN Euvnml � PG Poy ,a ql f{E P4HE a -V—V.. wclvl w LOCATION ,ww Mmr Na,vN.Nw.A.....EW.T.aia,) LOCATION MAP c,Nc.cuauTeo RYc-Iws vnw oas N9T SKETCH AND DESCRIPTION asNESEx,A AaKo.Ar xW,cV QATCO iR �Kph�T w�M>.v TRUE oNA n.RM�W�X d✓T.Uo 0 MARINA MILE PARK OF COMMERCE LLC AEV,=NVAL IP AL MILLER%XEGG REVISIONS 8F}fFepOWv.IWbN[uWw A>d'9.bR '"'A'v'�'"'if"dWI"® r++w. PR,pbwi{Rb1YMON>K4 M4c4nmr.wAANRNt oRNWN on a acam ec KAL ....wrwmw _04-00273 T1-1C-057 NV+wNWa A-wN4-w«w.r..Na..... .wx..F N.wisp SAS Nr++A q RESOLUTION#2007-082 EXHIBIT `B" PAGE 2 MAIM UM A-A SHFET z aP a nrx�wwineoiv m I„ �' WE6 SOUMM ! OT.q fYG` O• SC l0 U p bw �S 1lP MN - ` RM2 PaEP+�Rvc. aca. °"0ta-zq hda0 p RcrtRnWc«snu ?i asset RE. 3 I y� diy 1 zo-so-.t MR IgnateT— _ _ Ie s ms'aE I I NpM l9C PYµEI S �I; I, tvor(Pup 1,. I d a w'v 5s¢rrz3 nI A Rwwwr It71 M i l' 1GuE- Imc II z9i W iu SWS 1; II 6 Na p I• b k i xsm Y� C a IInY n 9g b I N82•{J']e•W III mm .� o it. ryIy' o ICI ffa ¢ ' L. li 6 P08.q a� 81.88• R�7J� MW027 oo= 8i1 i SbJM tH S.E..x Ica+MURP.wr y I xwM ui.E S I PMC{L W Cf aW.JI M8FFM m Z : R i Ruxwnr of E 0. sa K oP ffC*ioR � I an-so-a �I PDT.0 E k 4 R RM. 8 4617T 18 POR-v RpM t8.83' J' v.at..P.i OM a r.,mnNbn acR.-ae.am em.a a (ARAR o cP..oma.war RicwN C, o 1. Spp °son.a O1[sa.aR°�o.waOO[.wR n.�..im s 8 oc Uxpr E-t l.E. .lmgcep.[own.nlui.1 1 LITI•.._ "l Pa inn 1 NCR. IDJ REi 0. .(g1w�R1. x.orx_z I uRc -cucuu[o R�UR PpHf) Sl 8�d IHf 9atp WU M!WRSpr 1!(.MMI 9AKI K Pa qP.&.s..PGS.9.CA iR�B(18 1' STOPWT_ $ o ro RLaUS Pdip -t,ol MILLER LEGG I m wRw.mulaa®.mR SxlCN/Di9LTlfPlADN 700273 i i-1C-O57 5 RESOLUTION#2007-082 Z80-LOOZ#NOIIC)-IOSaN CC 1W LL9.j 03 LL LU Qmo IL as 0 LL 0 0 LL. It zm 11 1 14 fit . 14 wo f 219Vd ,,H,, IIHIHX3 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 8, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: DR-18-07: The applicant, Miller Legg & Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. DELEGATION REQUEST To change the location of the previously approved 100 foot vehicular access opening. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The perimeter plat for this property was approved by the City Commission on February 14, 2007. The applicant is now requesting to change the location of the 100 foot access opening on SW 30th Avenue. The new access point is located approximately 110 feet north of the previously approved access point. STAFF RECOMMENDATION The Public Service Division reviewed the proposed change and has no objection. '1 f MILLER ' LEGG March 15, 2007 Corinne Lajoie, AICP Growth Management City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: Port 95 Park of Commerce Plat Request for NVAL Amendment MLA Project No: 06-00049 Dear Ms. Lajoie: Per your email correspondence, dated March 15, 2007, I have attached the sketch and legal of the original submittal to the City of Dania Beach for the 100-foot access opening. (See Exhibit A). This sketch was approved by the City in March of 2006. Attached as Exhibit B, is the new location of the 100-foot access opening. Should you have any questions or need additional information, please feel free to contact me at 954.436.7000, ext. 254. We look forward to hearing from you. Regards, Renee M. Ailler Planning RM/rm/ Exhibits cc: Robert B. Miller Anitra Lanczi MIC19nn T9@ MAR 15 2007 Planning Department P.APo,c,tUQ W6IIM49-%i-ila Mils Park of MMLLttRl,rin.Jl( -ah,0,,i,lD,mw Be-h)d— I M P R O V I N G COMMUNITIES. CREATING ENVIRONMENTS. South Florida Office: 1800 N Douglas Road • Suite 200 •Pembroke Pines,Florida • 33024-3200 (954)436-7000 • Fax: (954)436-8664 www.millerlegg.com CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - - ------------------------------------- - — ----- ROUTING SHEET -- ------------- ------ -------- Route Date Project _ ----- -- PZ Log DR•18-07 Dlscusslon_ / NVA Airport West Plat request for - NVAL q iPossible Action Amendment ------- REVIE_____ - - Folio 50422000032Q033Q0840 PLEASE REVIEW THE ABOVE REFERENCED P COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE P BOARD AND CITY COMMISSION.THANK YOU, ROREC7 FOR COMMENTS TO BE INCORPORATED AND ZONINGS Route Via: , Mail 1 Pick Up Fire "I In-house LJ Public Sery ce Landscape ❑ BSO Planner,_; Other Consultants kCGA Approved as submitterl�Jl Comments Denied ! -- ----- must address prior to PZ/Commission hearing Approved w/conditions - List Conditions �gllw)2 II��/�1111 vt�U l% APR-} 2 T00� Planning Department Signature - -ate gn I QV� - o"I/.)I L Date (` Print Name F. x Calvin, Giordano & Associates, Inc. E X C E P T 1 0 N A L S O L U T I O N S a April 9, 2007 Dominic F. Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Site Plan Review—DJP Airport West Plat NVAL Amendment CGA Project No. 97-1826.56 Dear Mr. Orlando, We have no comments on the proposed NVAL Amendment. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this project or with the entity making this site plan application. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Engineering Construction Engineering ohn Messerian, P.E. & Inspection Municipal Engineering Director, Municipal Engineering Transportation Planning &Traffic Engineering Surveying&Mapping I concur with the above noted site plan comments. Planning Landscape Architecture Dominic F. Orlando, P.E. & Environmental Services Construction Services Public Services Director Indoor Air Quality Data Technologies & Development - (J Emergency Management Signature Date Services 1800 Eller Drive,Suite 600 Fort Lauderdale, FL 33316 Phone:954.921.7781 Fax: 954.921.8807 WWW.ca1vin-giordano.com PAPROJECTS\1997\97I826 DANIA MISCELLANEOUS\ENGINEERING\CORRESPONDENCE\LETTERS AND REPORTS\DJP AIRPORT WEST PLAT NVAL AMENDMENT 040907.DOC Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead RESOLUTION NO. 2007-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THE ESTABLISHMENT BY THE CITY FINANCE DIRECTOR OF A DESIGNATED ACCOUNT IN CONNECTION WITH THE RECEIPT OF REVENUE TO BE DERIVED FROM THE "DANIA JAI ALAI" PARIMUTUEL OPERATION, TO BE REDEVELOPED AT THE SITE KNOWN AS "DANIA JAI ALAI", SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to a January 25, 2005 Agreement executed by Broward County and the Aragon Group, Inc. ("Aragon") d/b/a Dania Jai Alai, a division of the Aragon Group, Inc., and Summersport Enterprises, LLP ("Summersport"), the City will receive revenue based upon percentages of slot machines' revenue derived from operations at the Dania Jai Alai site which site is now owned and will be redeveloped and operated by Boyd Gaming, Inc.; and WHEREAS, it is the intent of the City Commission that such revenue be earmarked to pay for costs associated with impacts arising from the redeveloped property, including but not limited to, the need for increased police and fire protection, emergency responses, traffic control and traffic calming measures, for a minimum period of (__) years, and that a special "designated account" will be established to account for any additional revenue received from the pari-mutuel operation. This will give the City an opportunity to identify the costs of such impacts and to ensure that funding will be available to address them and mitigate them; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That a reserve fund shall be established by the City Finance Director, to be known as the "Dania Jai Alai Designated Account", to be funded from revenue derived from slot machines to be paid to the City by the current property owner, Boyd Gaming, Inc., pursuant to the Agreement between Broward County and the Aragon Group, Inc., d/b/a Dania Jai Alai, a division of the Aragon Group, Inc., and Summersport Enterprises, LLP; Boyd Gaming, Inc. is the successor to Aragon and Summpersport and is the current party in interest. Section 2. That the City Commission has determined that such fund shall be in existence for a period of years from the date such revenue is first received by the City. Section 3. That the Designated Account shall not be altered or this Resolution amended, as to the existence of the Account and the use of its revenue, unless approved by the vote of four (4)members of the City Commission. 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 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-088