HomeMy WebLinkAboutR-1982-485 r
RESOLUTION NO. 485
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA APPROVING
THE SEWER AGREEMENT BETWEEN THE CITY OF
DANIA AND THE CARROUSEL GROUP, INC . , AND
AUTHORIZING AND DIRECTING THE EXECUTION
OF SAME BY THE APPROPRIATE CITY OFFICIALS;
AND PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING THAT THIS RESOLU-
TION SHALL BE IN FORCE AND TAKE EFFECT
IMMEDIATELY UPON ITS PASSAGE AND ADOPTION.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That certain Sewer Agreement by and between the
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City of Dania, a Florida municipal corporation , and The Carrousel
jGroup, Inc. , a Florida corporation , a true photocopy of which is
attached hereto as "Exhibit A" be and the same is hereby accepted
and approved; and, the Mayor-Commissioner, City Manager and City
Clerk-Auditor be and they are hereby directed to execute same on
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behalf of the City. +
1 Section 2 . That all resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extend of such conflict.
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Section 3. That this resolution shall be in force and take
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effect immediately upon its passage and adoption.
PASSED AND ADOPTED this 26th day of October, 1982 .
(- MAYO - 0 ISSIONER
ATTEST:
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CITY CLERK-AUDITOR
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SEWER AGREEMENT
THIS AGREEMENT by and between CITY OF DANIA, a Florida
municipal corporation, hereinafter called "City" and THE
CARROUSEL GROUP , INC. , a Florida corporation , hereinafter called
"Developer".
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WITNESSETH
WHEREAS , Developer is the lessee and licensee of certain
real property, containing 4 . 708 acres , located in the City of
Dania, Broward County, Florida, the legal description of which
is attached hereto as Exhibit "A" ("Project") , and which has
been planned for the construction thereon of a restaurant complex
having a seating capacity of 1 , 000 , which, when extrapolated ,
results in 142 . 86 Equivalent Residential Connections (142. 86
ERC' s) ; and
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WHEREAS , the parties agree that the construction of the
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1 planned facilities will have an impact and resulting consequences
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upon the existing capacity of City' s sanitary sewer system; and
WHEREAS , Developer has agreed to pay its fair share of the
costs and capital expenditures which the City is required to expend
in furnishing such sanitary sewer services , or , in lieu thereof ,
to construct certain off-site improvements for use by City in
furnishing such sanitary sewer services .
NOW, THEREFORE , in consideration of the foregoing, the
mutual covenants contained herein and other good and valuable
consideration , the adequacy and receipt of which are hereby
acknowledged , the parties hereto agree as follows :
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l TERMS
i 1 . Incorporation of Recitals . The recitals to this
i Agreement are hereby incorporated into and made a part of this
Agreement .
2 . Contributions. The parties agree that Developer shall
fund its fair share contributions for the impact of the Project
upon City' s sanitary sewer systems by paying the Charges set
EXHIBIT. A '
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forth in Exhibit "B" attached hereto ("Charges") . The Charges
(which shall include associated acreage charges) shall be payable
upon signing of this Agreement; provided , however, that Developer
shall be entitled to off-set against the Charges any unapplied
credit for certain work performed by Developer as more fully
i reflected in Exhibit "C" attached hereto. City agrees that the
Charges are expressly in lieu of Acreage and Unit Charges assessed
for new construction as specified in Section 27-1 of the Code of
Ordinances of the City of Dania, which said Charges the Developer
finds to be reasonable and just and agrees to pay same , less the
agreed set offs , freely and without protest , regardless of any
court decision as to the validity of same; provided, however, that
Developer shall be obligated to pay for all other charges as may
be required by virtue of City' s ordinances .
Developer may , in lieu of payment to the City of Charges
set forth in Exhibit "B" , place in escrow, with an escrow agent
approved by the City, the sum of SIXTY THOUSAND SEVEN HUNDRED
NINETY SEVEN DOLLARS ($60 , 797 . 00) , from which funds may be with-
drawn for the construction of permanent off-site sewer facilities
upon approval of said facilities by Developer' s Engineer and
City' s Engineer. Said funds may be placed in an interest-bearing
account by escrow agent as designated by Developer, with interest
payable to Developer under any and all circumstances .
The City guarantees that the payment of said Charges shall
reserve and conclusively entitle Developer to sanitary sewer ser-
vices with respect to the 142. 86 Equivalent Residential Connections
for which such permits will be issued ; provided, however, that
such reservation and entitlement are subject to actions of govern-
mental authorities other than City of Dania , which exercise juris-
diction over City' s sanitary sewer services . Further , such reserva-
tions are subject to Developer' s completion of the Project within
a period cf five (5) years from the date that permits (as described
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below) are issued therefor , unless such completion is delayed by
a strikes , shortages of labor and/or materials , acts of God , or any
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other causes beyond the control of Developer.
3. Permits . The Developer shall provide for the payment
of Charges , the payment of any related bonds , and/or the con-
struction of certain work, as specified in Exhibit "C" . The
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amount of payment of the Charges , payment of bonds , or construction
of work shall equal those Charges shown on Exhibit "B" for the
Project ($60 , 797 . 00) . The City shall guarantee the issuance of
building permits for the said 142 . 86 Equivalent Residential Con-
nections. Immediately upon the Developer ' s filing with City plans
and specifications which conform with the requirements of City and
any other applicable building codes and other applicable City
Ordinances , City shall issue all necessary permits for the con-
struction of 142 . 86 Equivalent Residential Connections on the
Property.
4 . Construction by Developer.
A. Developer agrees that it shall construct each of
the improvements described in Exhibit "C" , attached hereto
("Improvements") in accordance with the time schedule also set
forth in Exhibit "C". All such construction shall be in accordance
with plans and specifications for the Improvements prepared and r
sealed by a professional engineer registered in the State of
Florida. No construction of the Improvements shall be commenced
until City has approved, in writing, such plans and specifications
pursuant to applicable Ordinances of City of Dania.
B. Developer shall only be obligated to construct the
Improvements in existing right-of-ways or on public property,
which is subject to the jurisdiction of, or owned by, City. In
this regard, City shall grant such approvals , permits and permis-
sion as may be necessary or convenient to Developer ' s construction
j of the Improvements. All required easements necessary for instal-
lation of sewer facilities shall be obtained by the Developer prior
to issuance of a permit by the City of Dania.
C. Notwithstanding anything in this Agreement to the
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contrary, the values of each of the Improvements as set forth in
Exhibit "C" are merely estimates for purposes of conveniently
determining what construction costs may be applied toward Charges .
As used herein, "Value of the Improvements" shall mean and refer
to the actual costs of constructing the Improvements , including
expenditures for engineering and right-of-ways and easements that
j may be required if the cost of same is first approved by City ,
such approval not to be unreasonably withheld. Developer shall
provide City with invoices that substantiate such actual costs .
Developer shall be entitled to a credit for the value of the
Improvements , which credit shall be applied against the Charges
for sanitary sewage as and when same become due and payable in
accordance with this Agreement . In the event the fees for this
Agreement set forth herein exceed the cost of off-site facilities ,
such excess shall be paid by the escrow agent to the City of Dania
upon completion of the off-site Improvements covered by this Agree-
went .
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D . At such time as the Improvements have been completed tir
and the City has provided the Developer with all appropriate credits ,
all of Developer' s right , title and interest in and to the Improve-
ments and any easements within the corporate limits of City necessary
for the operation and maintenance of said Improvements shall forth-
with be conveyed to City , together with any other fees set forth
under Paragraph C above . As further evidence of said conveyance ,
Developer shall deliver to City a bill of sale in form satisfactory
to City with respect to the Improvements . Upon such conveyance ,
City shall assume the responsibility for continuously operating and
maintaining the Improvements .
5 . Service by City. City agrees that it shall connect the
Improvements to the central sanitary sewage facilities of the City
J in accordance with the terms and intent of this Agreement . Such
connection shall at all times be in accordance with the rules ,
regulations and orders of any governmental agency or department
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exercising jurisdiction thereof . City further agrees that it
shall furnish, to the extent covered by this Agreement , service
to the Property in consideration of the obligation created hereby
which binds Developer or its successors in title to the Property
to pay to City the monthly charges for sanitary sewer services
as may , from time to time , be established and in effect for users
within the City of such services .
6. It is further understood and agreed that in addition
to the construction of the sewage facilities as provided in this
j Agreement , Developer , independently of City , shall construct a
force main from the eastern limits of the main area of the City
+ to the west boundary of the beach area of City in accordance with
plans and specifications approved by City , as well as the City of
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iHollywood , Florida, with said force main to be owned and com-
pletely maintained by Developer , at Developer ' s sole expense , for
the entire term, and any extensions or renewal thereof , of the
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! Lease between Developer and City of the Dania Beach property on
which the restaurant complex is to be constructed.
In addition, City and Developer mutually agree that
Developer shall have the exclusive right to contract with parties
+; whose properties are located outside the corporate limits of City
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to permit such parties to connect to said force main, subject
only to the City having the necessary sewage treatment capacity
to handle same and subject to said parties paying to City the
monthly charges then in effect for such service .
Furthermore , City agrees that because of potential
capacity limitations and Developer ' s responsibilities of ownership
and maintenance of the force main outside City limits , which is an
integral part of the sewer system, no parties may use such system
east of the eastern limits of the main area of the City without
the written approval of Developer.
7. Notice. All notices required or allowed by this Agree-
ment shall be deemed given when delivered in person or deposited
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with the United States Mail Service by certified mail , return
receipt requested, postage prepaid , addressed to the party or
person to whom notice is to be given, at the following addresses :
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To City Richard Marant
City Manager
City of Dania
100 West Dania Beach Boulevard
j Dania, Florida 33004
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With a Copy to :
Frank C . Adler , Esquire
Adler , Tolar & Adler
City Attorney
City of Dania
301 Bayview Building
1040 Bayview Drive
Fort Lauderdale , F1Grida 33304
To Developer The Carrousel Group , Inc.
Attention: Stephen F. Snyder
301 East Dania Beach Boulevard
Dania, Florida 33004
8 . Captions . The captions of this Agreement are for con-
venience and reference only , and in no way define , describe , extend
j or limit the scope or intent of this Agreement .
9. Attorney' s Fees . In connection with any litigation
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{ regarding this Agreement , the prevailing party shall be entitled
to recover costs expended in such litigation and reasonable attorney ' s
fees .
10 . Governing Law. This Agreement shall be governed in its
enforcement , construction and interpretation by the laws of the
State of Florida .
11 . Successors and Assigns . This Agreement shall be binding
upon and inure to the benefit of the respective parties hereto and
their respective successors and assigns , for a period of five (5)
years from the date of execution of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on the dates set forth below.
THE, CARROUSEL GROUP , INC .
By:
STEPHEN F. SNYDER
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President
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ATTEST :
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Dated :
OWEN P . BELL
Secretary
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CITY OF DANIA, a Florida
Municipal Corporation
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By : r
JOHN BERTINO
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Mayor-Commissioner
By :
RICHARD MARANT
City Manager
,.. ATTEST :
Dated : r
WAND A MULLIKIN
City Clerk-Auditor
[Seal ]
APPROVED AS TO FORM AND CORRECTNESS :
By :
FRANK C. ADLER
City Attorney
1$ City of Dania , Florida
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Agreement on the dates set forth below.
THE CARROUSEL GROUP , INC.
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By:
STEPH F. DER
President
ATTEST: j
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j 1 OWE BELL Dated: 2/ jP"wkr '8Z
Secretary
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[Corporate Seal]
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CITY OF DANIA, a .. lorida
Munici or tion
y:
@ ERTINO
y Commissi/oner. —
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By:
RICHARD MARANT
City Manager
x ATTEST:
Dated:
ANDA MULLIKIN
City Clerk-Auditor
[Seal]
APPROVED AS TO FORM AND CORRECTNESS :
By:zg;e'.�C ero& .
FRANK C. ADLER
City Attorney
City of Dania, Florida
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EXHIBIT A
M. E. BERRY & A S S O C I A T E S
L A N p G U R V E Y O R S
2E13 HOLLYWOOD BOULEVARD PHONE. 13051 923.E588
HOLLYWOOD. FLORIDA 33020
E B[,,. „ JUNE 13 , 1978
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DESCRIPTION OF PARCEL TO BE LEASED
BY DANIA JAI-ALAI PALACE, INC.
Block 203 and that portion of Ocean Drive adjacent to Block 203 , in "HOLLYWOOD CENTRAL BEACH" , according to the plat thereof w'recorded in Plat Book 4 , page 20 , of the public records of Broward
County , Florida , less that portion of Ocean Drive adjacent to
Block 203 as shown on State Road Department Right-of-Way Map , Sec-
tion No . 86514-2601 ; And
That portion of FIFTY FIRST STREET (Cambridge St . ) adjacent
to Block 203 as shown on said plat of "HOLLYWOOD CENTRAL BEACH" ,
lying East of Ocean Drive as shown on State Road Department Right-
of-Way Map , Section No. 8603-175 : And
That portion of New River Sound as shown on said plat of
.• ; "HOLLYWOOD CENTRAL BEACH" , described as follows :
Commencing at the northeast corner of said Block 203 , run
Southeasterly along the east line of Block 203 a distance of
53 . 45 feet , more or less , to the north face of an existing bulkhead
and a Point of Beginning ; thence , run Easterly along the north face
of said bulkhead 182 , 66 feet , more or less , to the west face of an
existing bulkhead ; thence , Northerly along the west face of said
bulkhead 864 feet ; thence , Easterly at right angles to said northerly
bulkhead 84 . 46 feet ; more or less , to the west face of a concrete
strip for parking meters ; thence . Southerly along the west face of
said concrete strip extended 1011 .03 feet , more or less , to a
northerly right-of-way line of State Road 'A-1-A, as shown on State
Road De
partmentap , Sction o.
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j less , to the east line of said Block 203 ; thence , Northwesterly
along said east line 150 .90 feet , more or less , to the Point of
Beginning .
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-EXHIBIT A
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EXHIBIT B
Carrousel Concessions
Proposed 1000 seat Restaurant
I Dania Beach
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j Sewer Connection Charges
{ A. Acreage Charge
I 4 , 708 acres x $2900/acne = $13 ,653. 20
B. Unit Charge
q 1000 seats @ 50 g. p. d. /seat/350 a.p. d. /ERC =
142 . 86 ERC ' s @ $330/ERC = $47 , 143 . 80
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i $60 , 797 . 00
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i EXHIBIT C
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Construction Cost Estimate
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A. Western line
900 l . f. - 10" P .V. C . 6 ' -8 ' cut @ $30/ft . _ $27 ,000 . 00
3 each - manhole 6 ' -8' cut @ S1200 . 00 each = $ 3 ,600 . 00
3 each - stub outs @ $1000 . 00 each = $ 3 , 000. 00
I B. Beach line (east of lift station) —
150 l . f. - 8" P .V.C . 12 ' -14 ' cut 2 $40 /ft . — $ 6 , 000. 00
I 450 1 . f. - 8" P.V.C. 10 ' -12 ' cut @ $35/ft . _ $15 , 750. 00
2 each - manhole 8 ' -10 ' cut @ $1500 . 00 each $ 3 , 000 . 00
1 each - manhole 6 -A ' cut @ 51200 . 00 each $ 1 ,200 . 00
Subtotal9 ,550. 00
20% Engineer and Contingency $11 , 910 . 00
TOTAL $71 ,460 . 0
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to the sewage plant capacity allotted to the City of Hollywood,
Florida, and Carrousel will pay City of Hollywood rates , and only
after a written agreement is first obtained from the said City of
Hollywood by Carrousel and its contractee for said capacity alloca-
tion, and an executed copy of such agreement is furnished to the
City of Dania.
3. If and when City connects any of its facilities at
Dania Beach to said trunk line facility, City agrees to pay for all
costs of the work to connect to said trunk line facility and to pay
Carrousel its prorated share of the maintenance of said trunk line
with said proration to be based upon the sewage flow generated by
and from the City facilities compared to the sewage flow generated
by and from the facilities operated by Carrousel, or some other
fair and equitable formula that is agreed upon by the parties hereto
prior to the time of any such connections.
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4. IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the dates set forth below.
THE CARROUSEL GROUP, INC.
ATTEST: By'—
STEPHE . S ER, President
By: � Ll/" Dated: 11 /7rl�Gs�`el
_R OWEN P. BELL, Secretary
[Corporate Seal]
CITY OF,_DANI a Florida
Mun c pal o ora� o
By
�OHN ERTINO
ATTEST: Mayo ,,Commissig e�ti(Y�
By: CGG� n' By:
ANDA MULLIKIN RICHARD INIARANT, City Manager
City Clerk-Auditor
[City Seal] Dated:
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APPROVED AS TO FORM AND CORRECTNESS :
f By
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FRANK C. ADLER
City Attorney
City of Dania , Florida
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