HomeMy WebLinkAboutR-1982-443 RESOLUTION NO. 443
iA RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE ESCROW AGREEMENT FOR THE WATER
AND SEWER AGREEMENT BETWEEN MOTEL 6 , INC . AND
f CITY OF DANIA, AS APPROVED BY RESOLUTION NO .
438 , DATED JANUARY 26 , 1982 ; AND PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , the City of Dania and Motel 6 , Inc. entered into
that certain Water and Sewer Agreement dated January 26 , 1982 , which
said Agreement was approved by Resolution No . 438 on January 26 ,
1982 ; and
WHEREAS , said Water and Sewer Agreement provided for the
deposit of certain funds with the Law Offices of A. J. Ryan, Jr. ,
to be expended in accordance with the terms and conditions of said
r'
i
Agreement; and
jWHEREAS , said escrow arrangements have been formalized by
jmeans of that certain Escrow Agreement by and between the City of
Dania, Motel 6 , Inc. and the Law Offices of A. J . Ryan, Jr. , a copy
of which is attached hereto and made apart hereof as Exhibit "A" ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That that certain Escrow Agreement by and between
the City of Dania, Florida, Motel 6 , Inc. , a Delaware corporation,
and the Law Offices of A. J. Ryan, Jr . , a copy of which is attached
hereto as Exhibit "A" , be and the same is hereby accepted and approved
and the appropriate City Officials are hereby authorized and directed
to execute same.
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent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 this 9th day of - bruary, 1982
R - OMMISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
By---!;2,
FRANK C . ADLER, City Attorney
ESCROSd AGREEMENT
i
Agreement made this 9th day of February 1982,
by and between the CITY OF DANIA, a Florida municipal corporation,
hereinafter referred to as "CITY", and MOTEL 6, INC . , a Delaware
corporation, hereinafter referred to as "DEVELOPER", and the LAW
OFFICES OF A. J. RYAN, JR. , hereinafter referred to as "AGENT".
i
W I T N E S S E T H
WHEREAS, CITY and DEVELOPER have entered into a Water and
Sewer Agreement, a copy of which is attached hereto as Exhibit 1
and incorporated herein by reference; and
WHEREAS, the Water and Sewer Agreement provides that
DEVELOPER may, in lieu of payment to the CITY of the charges set
forth in the Agreement, place in escrow, with the LAW OFFICES OF
iy A. J. RYAN, JR. , the sum of Sixty Seven Thousand Eight Hundred
and Thirteen Dollars ($67,813.00) from which funds may be with- w-
drawn for the construction of permanent off-site water and sewer
facilities upon approval of said facilities by DEVELOPER'S Engineer
and CITY'S Engineer; and
:.J'
WHEREAS , DEVELOPER deposited the sum of Sixty Seven Thousand
Eight E—cr=_d and Thirteen Dollars ($67,813.00) in escrow with ,
the LAvd OFFICES OF A . J. RYAN, JR. , on the 27th day of January,
1982 . ,
NO: THEREFORE, in considr_ration of the foregoing, the mutual
covenants contained lip-rein and other good and valuable considera-
tion, the adequacy and receipt-- of which are hereby acl;nowlc dged,
�j the parties hereto agree as follows :
TERMS
i
1 . AGENT has placed the monies deposited by DEVELOPER into
-I-
i `
a non-interest bearing account. Upon execution of this -Escrow
Agreement, said monies shall be deposited in an interest bearing
account and all interest earned in said account shall be payable
to DEVELOPER under any and all circumstances .
2. Upon the completion by DEVELOPER of the construction
work specified in Exhibit C of the aforesaid Water and Sewer
Agreement, and upon the written approval of such construction
work by engineers for DEVELOPER and engineers for CITY, which
written approval shall be delivered to AGENT, .then and in that
event AGENT shall disburse the monies held in escrow as follows,
to-wit: t
i
A. In the event the documented expenses of the con-
struction .work performed by DEVELOPER pursuant
i
to Exhibit C of the Water and Sewer Agreement
i
equal or exceed the sum of $677813.00, then and
in that event the entire proceeds held in escrow
shall be disbursed directly to DEVELOPER.
B. 'In the event the documented expenses of the con-
e
j struction work performed by DEVELOPER pursuant
to Exhibit C of the Water and Sewer Agreement
are less than the sum of $67,813.00, then and
in that event the amount of expense attributed
said construction, together with all accrued
interest, shall be disbursed directly to DEVELOPEI.
The amount of the deficiency between actual con-
struction costs and $67,813.00 shall be disbursed
directly to CITY.
3. CITY and DEVELOPER agree that AGENT assumes no liability
for and is expressly released from any claim or claims in con- J
nection with its reception, retention, and delivery of any papers
-2-
I
i
or documents delivered to it hereunder except to account for pay-
rments made thereon, from which it is authorized to deduct its
customary collection charges and expenses together with any amount
which may be required to pay for legal expenses due to any litigation
or controversy that may arise in connection herewith.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates set forth below.
Signed, sealed and delivered in MOTEL 6, INC.
the presence of
BY:
JAMES A. LUCAS,
President
BY:
ROBERT H. CROWELL, P.E.
Sr.Vice Pres. ,Const/Eng.
DATED:
CITY OF r �J1 Flori
mun' . pal oratio
ATTEST:
Of A' BhTZTINO
M or-Commissioner,'
City
Clerk-Auditor
City Clerk-Auditor BY:
RICHARD MARANT
City Manager
DATED:
LAW OFFICES OF A . J. RYAN, JR.
BY:
ARCIIIF. J. RYAN, III
700 East Dania Beach Blvd .
Dania, Florida 33004
920-2921
DATED:-
i
/2 mc
19/
/29/82 J
FN: 9243C _3
I . WATER AND SEWER AGREEMENT
THIS AGREEMENT by and between CITY OF DANIA, a Florida
municipal corporation ("City") and MOTEI, 6 , INC. , a Delaware
corporation ("Developer") .
WITNESSETH
WHEREAS, Developer is the owner of certain real property
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 100
s
equivalent residential connections (ERC ) .
WHEREAS, the parties agree that the"construction of the Units
will have an impact and resulting consequences upon the existing
capacity of City' s municipal water and sanitary sewer systems; and
WHEREAS, Developer has agreed to pay its fair share of the
costs and capital expenditures which the City is required to
i
expend in furnishing such water and sanitary sewer services or,
partially in lieu thereof, to construction certain off-site improve-
menu for use by City in furnishing such water and sanitary sewer Y
services.
NOW, THEREFORE, in consideration of the foregoing, the mutual
covenants contai.red herein and other good and valuable consideration,
the adequacy and receipt of which are hereby acknowledged, the
parties hereto agree as foll(Dws6
TERMS
Incorporation of Recitals. The recitals to this Agreement
are he=eb;' incorporated into and made a part of this: Agreement.
2 . Contributions. The parties agree that Developer shall
fund i s fair share contributions for t.hc impact of the Property
stems b a i-nc the Charges
upon Cit.v ' s water and sanitary ewer sy Y I Y I J
set ,
ayable
c)rth in Rxhibi t I'll" aLLachecl hercl.o ("Chart}es") . The Charges
es
shall include as:;ociatec7 acrear}e ch trycr;) shall bo p
lupon signing of this Agrcenuvtt ; proviited, haaever , that Developer
i
j shall be entitled to oft-; I. agaitt:;l' the Chnr<les any unapplied
credit for corLain work pc-rformed by Dcv001101. as more fully
reflected in Exhibit "C" <tLtache4 horeto. City agree:; that the
Charges arc expressly in lieu of Acreage and unit Charyes assessed
RECORD COPS
d
k
for new construction as specified in Section 27-1 of the Code
of Ordinances of the City of Dania; 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 "H" , place in escrow, with the Law, Offices
of A.J. Ryan, Jr. , the sum of Sixty Seven Thousand Eight Hundred
and Thirteen Dollars ($67 ,813 .00) from which funds may be with-
drawn for the construction of permanent off-site water and sewer
facilities upon approval of said facilities by Developer's Engi-
neer 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 water and sanitary
sewer services with respect to the 100 equivalent residential
connections for which such permits were issued; provided, however,
that such reservation and entitlement are subject to actions of
governmental authorities other than- City of Dania which exercise
jurisdiction over City's water and sanitary sewer services.
Further, such reservations are subject to Developer's completion
lof the Project within a period of five years from the date that
.,of
� permits (as described below) are issued therefor, unless such
completion is delayed by strikes, shortages of labor and/or
materi_1s, or acts of God.
3 . Permits. The Developer shall provide for the payment of
i
I
Charges , the payment of any related bonds, and/or the construction
of o__tain work as specified in Exhibit "C" . The amount. of payment
of the Charges, payment of bonds, or construction of work shall
equal those Charges shown on Exhibit: "B" for the Project ($67 , 813 . 00)
i
file City shall guarantee the issuance of building permits for the
I
10o equivalent residential connection . Immediately upon the
Developer ' :; filing with City plans and specifications which conform
with the requirements of City and any other applicable building
codes and other applicable City Ordinances , Cit.y shall. issue all
-2-
7
,
necessary permits for the construction of 100 equivalent residen-
tial connections on the Property.
4. Construction by Developer.
A. Developer agrees that it shall construct each of the
improvements described in F'xh.ib.it "C" attached hereto ("Improve-
ments") 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 sealed
by a professional engineer registered in the State of Florida.
No construction of the Improvements shall he 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 rights-of-way 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 permission
as may be necessary or convenient to Developer 's construction of
the Improvements. All required easements necessary for install-
. �.
ation of water and sewer faca.lities 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
contrary, the values of each of the Improvements as set forth in
>.-. Exhibit "Ci° are merely estimates for purposes of conveniently
determining what construction costs may be applied toward Charges .
As uses herein, "value of the Improvements" shall mean and refer
to t^=_ actual costs of constructing the Improvements, including
i
expe:ditures for engineering and rights-of- ,say and easements that
may ce required if the cost of same is first approved by City,
such approval not to be unreasonably withheld . Developer shall
prove City with invoices that subsLant.i.at:e such actual costs .
Developer shall be cnL.it:led t:o a creclit: .for the value of the
Impro✓emenLs, wh.ich crediC ::hall be applied agai.ns;t the Charges
for water and sewer as and ashen same become clue and payable in
accordance with this AgreemenL • [n the cvenC Lhe fees for this
Agreement set forth herein excerr:3 the cost of uf: C--sita facilities,
such excess shall be paid by the e:;crow agent to the City of Dania
i
-3-
1
upon completion of the off-site improvements covered by this
Agreement.
D. At such time as the Improvements have been
completed and the City has provided the Developer with all
appropriate credits, all of Developer ' s right, title and
interest in and to the Improvements and any easements necessary
for the operation and maintenance of said Improvements shall
forthwith 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 water and sanitary sewage faci-
lities of City in accordance with the terms and intent of this
Agreement . Such connection shall at all times be in accordance
} with the rules, regulations and or�ler.s of any governmental
agency or department exercising jurisdiction thereof. City
further agrees that it shall furnish water and sanitary sewer
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 water and
sanit-ary sewer services as may, from time to time, be established
and in effect for users within the City of such services.
G. Notice. All notices required or allowed by this Agree-
i men= sha11 be deemed given when delivered in person or deposited
with the United States Mail Service by recq.i.stered or certified
mail , return receipt rcque:;ted, Postage prepaid, addressed to
the party or person to whom not. uc! is to he given , at the
following addresc:ec,;
.'III
J
-4-
i
To City Richard Marant
City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
With a Copy to:
Frank Alder. , Esquire
Adler Tolar & Adler
City Attorney
City of Dania
301 Bayview Building
1040 Bayview Drive
Fort LauderdAle, Florida 33304
To Developer Robert H. Crowell
Senior Vice President
Construction and Engineering
Motel 6, Inc.
51 Hitchcock Way
Santa Barbara, California 93105
With a Copy to:
Archie Ryan, III, Esquire
700 East Dania Beach Boulevard
Dania , Florida 33004
7. Caotions . . The captions of this Agreement are for
convenience and reference only, and in no way define, describe,
extend or limit the scope or intent of this Agreement.
8. Attorneys' Fees. In connection with any litigation
regarding this Agreement, the prevailing party shall be entitled
1 to recover costs expended in such litigation and reasonable r
atte_,eys ' fees.
9. Governing Law. This Agreement shall be governed in its
enforcement, construction and interpretation by the laws of the
State of Florida.
10. 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 per..iod of five
(5) years from the date of execution of this: Agreement .
i
i
I �
J
IN WITNESS WHEREOF, the parties hive cxccut.ed this
forth below. --
Agreement on the dates set U. t - ,
delivered rlQ'CEI, 6 , INC-
Signed, sealed and
/
n the oresen e o�r / , % - I.r
BY
BY : James A. I,µcas, President
r
BY: Robert H. Crowell, P•E- ,
Sr. Vice Pres. ,Constr/Eng.
CITY OF DANIA, a Florida
municip�,cor ion
ATTEST: .
/ John Bertino
,. �.IGG•' 14 or-Commissioner
f�f,. >:
.N anda,', i:xl�likin
°;C K uditor BY
0"N ` Richard Marant
c,. City tianager
Dated :
w.a!
6-229 -.x
1/12/32
L_
. s
EXHIBIT "A"
LEGAL DESCRIPTION
Description of Property
PARCEL "A" LESS the west 30 feet thereof, of RODDY
DANIA PLAT No. 1, according to the Plat thereof
recorded in Plat Book 102, at page ;26, of the Public
Records of Broward County, Florida.
b �
i
i
r
r'�
EXHIBIT B
WATER & SEWER ACREAGE AND CONNECTION CHARGES
Projected Usage
162 Motel Units @ 200 gpd/room = 32,400 gpd
1 Manager Apt. @ 350 gpd = 350
i
1 Pool Make-up Water @ 200 gpd 200
i
1 Laundry Facil. @2050 gpd = 2050
35,000 gpd estimate usa
35000 = ' 100 Equivalent Residential Connections
350
Unit Charges: Water Sewer
Water 100 X $180. 00 $18,000.00
Sewer 100 X $330. 00 $33,000. 00
i
i
Acreage Charges:
Water 3. 91 X $1400. 00 $ 5 , 474. 00
( w-t
( Sewer 3. 91 X $2900. 00 - $11,339 . 00
$23 , 474 . 00 $44 ,339 . 00
Total $67,813. 00
1
J
i
i
T
EXHIBIT C
IMPROVEMENT COST TO BE CREDITED TOWARD
THE ACREAGE AND CONNECTION CHARGES
i
I
I 570 LF PVC San. Sewer 8 ' -10 ' cut @ $ 50.00/LF $28,500. 00
4 Manholes 4 '0 8 ' -10 ' cut @ 1200 .00 EA 4 ,800.00
680 LF 12" PVC'Watermain @ 25.00/LF 17,000.00
560 LF 8" PVC Watermain @ 18.00,(LF 10,080.00
2 Fire Hydrants incl.valve & Tee @ 1500.00 EA 3,000.00
2 12" Gate Valves & Boxes @ 800.00 EA 1,600.00
1 8" Gate Valve & Box @ 600 . 00 EA 600.00
1 Group Misc. C.I . Ftgs @ 1500.00 L.S. 1,500.00
Sub Total $67 ,080.00
15% Conting•. ,Engr, legal 10,062.00 i
Estimated Total $77.142.00
i
i
jj
.Ak
d
fir-+
TIME SCHEDULE FOR COMPLETION
CC
r..d
� ENTIRE PROJECT TO BE COMPLETED WITHIN 270 DAYS FROM
j BEGINNING OF CONSTRUCTION.
I
1
i