HomeMy WebLinkAboutR-1983-042 1 �
RESOLUTION NO. 42
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, APPROVING THE WATER
AND SEWER AGREEMENT BETWEEN THE CITY OF
DANIA AND MARVIN I. DANTO AND BETTY J . DANTO,
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HEREBY REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING THAT THIS RESOLUTION
SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY
UPON ITS PASSAGE AND ADOPTION.
1 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
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j DANIA, FLORIDA;
Section 1. That certain Water and Sewer Agreement by
and between the City of Dania, a Florida municipal corporation,
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and MARVIN I . DANTO and BETTY J . DANTO, 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
J Manager and City Clerk-Auditor be and they are hereby directed
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to execute same on behalf of the City.
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jSection 2 . That all resolutions or parts of resolutions
i in conflict herewith are hereby repealed to the extent of such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 this 28th day of June, 1983 .
MAYOR-COMMISSIONER
j ATTEST :
CITY CLERK-AUDITOR
APPROVED FOR FORM A� rn
AND CORRECTNESS :
BY' FRANK C. ADey
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WATER AND SEWER AGREEMENT
THIS AGREEMENT by and between CITY OF DANIA, a Florida muni-
cipal corporation ( "City" ) and MARVIN I. DANTO and BETTY J. DANTO,
his wife, and or their assigns ( "Developer" ) .
W I T N E S S E T H
WHEREAS, Developer is the contract-purchaser of certain real
Property located in the City of Dania, Broward County, Florida,
the legal description of which is attached hereto as Exhibit "A"
( " the Property" ) and
WHEREAS, the Developer intends to develop a portion of the
property as a wholesale design center containing approximately one
million square feet of floor area, with the balance of the Prop-
erty being available for development for other commercial uses;
and
WHEREAS, the parties agree that the proposed development of
the Property will have an impact and resulting consequences upon
the existing capacity of City' s municipal water and sanitary sewer
b.= systems; and
WHEREAS, Developer has agreed to pay its fair share of the —
costs and capital expenditures which the City is required to ex-
pend in furnishing such water and sanitary sewer services or,
partially in lieu thereof, to construct certain off-site improve-
ments for use by City in furnishing such water and sanitary sewer
services.
NOW, THEREFORE, in consideration of the foregoing, the mutual
covenants contained herein and other gcwd and valuable consider-
ation, the adequacy and receipt of which are hereby acknowl �dgcd,
the parties hereto agree as follows:
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TERMS
1 . Incorporation of Recitals . The recitals to this Agree-
ment are hereby incorporated into and made a part of this Agree-
ment.
2. Contributions. Developer shall fund its fair share con-
tributions for the impact of the Proposed development of the Pro-
perty upon City' s water and sanitary sewer systems by paying the
Charges set forth in Exhibit "B" attached hereto ( "Charges" ) ;
provided, however, that Developer shall be entitled to a credit
against the Charges for the value of the Improvements described in
Exhibit "C" attached hereto, the acquisition of any necessary
easements as set out in Paragraph 5B below, and the dversizir.g of
certain on-site facilities as provided in Paragraph 5F below. The
Charges shall be paid and such credit applied as follows :
A. The connection charges as set out in Exhibit "B"
shall be paid by Developer as certificates of occupancy are issued
for buildings constructed on the Property. The amount of connect-
ion charges to be paid for a particular building shall be the pro-
duct derived by multiplying the number of equivalent residential
connections (ERC' s) necessary to serve that building by $510 . 00
per ERC. For example, if Developer applies for a certificate, of
occupancy for a building requiring one hundred ( 100) ERC' s, the
amount of connection charges that must be paid prior to issuance
of a certificate of occupancy for that building shall be calculat-
ed as follows: 100 x $510. 00 ($51, 000. 00) = $51, 000. 00. In the
event that City adopts an ordinance amending its connection
charge rates during the five-year period described in Paragraph 5A
below, Developer agrees that the connection charges as described
herein shall be adjusted to reflect such amendment and that, dur-
ing such five-year period, Developer shall pay the connection
charge rate per ERC which was in effect ,at the time the building
permit was issued for the building for which payment is tieing
made.
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The total acreage charges as set out in Exhibit 1113" shall be
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placed in escrow with the law firm of Gustafson, Stephens, Ferris,
Forman & Hall, P. A. , Fort Lauderdale, Florida, from which funds
may be withdrawn for construction of the Improvements described in
Exhibit "C, " the acquisition of any necessary easements as set out
in Paragraph 5B below, and the oversizing of certain on-site
facilities as provided in Paragraph 5F below. Said funds may be
placed in an interest bearing account by the escrow agent as
designated by the Developer, with interest payable to Developer
under any and all circumstances.
B. The credit for the value of Improvements described
in Exhibit "C" shall be applied against the Charges due for
buildings to be constructed on the Property until the total credit
'is exhausted. Developer shall notify City in writing prior to the
issuance of a certificate of occupancy for a building constructed
on the Property if the credit is to be applied to the Charges for
that building. Such notice shall be given only by Developer named
herein.
City agrees that the Charges are expressly in lieu of
acreage and connection charges assessed for new connections as
specified by City of Dania Ordinance No. 7 as passed and finally
t adopted on April 12, 1983, which said Charges Developer finds to
be reasonable and just and agrees to pay same, less the agreed
credits as provided herein, freely and without protest, and
regardless of any court decision as to the validity of same; pro-
vided, however, Developer shall also be obligated to pay all other
fees and charges as may be imposed by other city ordinances.
3. City to Reserve Capacity.
A. City agrees that it shall reserve water and sani-
tary sewer capacity in the City' s water and sanitary sewer sys-
tem for a total of 669. 14 ERC' s and that Developer' s performance
of its obligations hereunder shall entitle it to utilize such cap-
acity for development of the Property; provided, however, that
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such reservation and entitlement are subject to actions of govern-
mental authorities other than City which exercise jurisdiction
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over City' s water and sanitary sewer services. Further, such
reservations are subject to Developer' s completion of the proposed
development of the Property within a period of five ( 5) years from
the Commencement Date as defined herein, unless such completion is
delayed by strikes, shortages of labor and/or materials, or acts
of God. The Commencement Date shall be the earlier of the date on
which the first building permit is issued for the construction of
a building on the Property or the expiration of six ( 6 ) months
from the date of this Agreement.
B. If during the aforementioned five-year period,
Developer desires that City reserve sufficient water and sanitary
sewer capacity for the proposed development of the Property beyond
said five-year period, Developer shall have the right to obtain
the reservation of such capacity for an Additional Time Period by
furnishing written notice to City that Developer seeks to exercise
this right and by paying City the then prevailing connection
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charge rate for the number of ERC' s for which capacity is sought
to be reserved. The Additional Time Period for which such capa-
city may be reserved shall be five (5) years from when City re-
ceives the written notice and payment described herein. In the
event Developer does not utilize such capacity within the Addi-
tional Time Period, such capacity and any payment made pursuant _
hereto shall be forfeited by Developer; provided, however, if City
and Developer agree to an extension of this Agreement beyond the
Additional Time Period, it is the intent of the parties that, with
respect to any water and sewer connection charges incurred by
Developer during such period of extension in connection with the
proposed development of the Property, Developer shall receive
credit on a pro rata basis for any payment- so forfeited.
C. Under no circumstances shall Developer transfer any
capacity reserved for the Additional Time Period to real property
other than that covered by this Agreement and shall not assign
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asame to a new owner without consent and approval of City being
first obtained, such approval not to be unreasonably withheld or
delayed.
j 4. Permits. Immediately upon the Developer' s filing with
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City plans and specifications which conform with the building and
zoning regulations of City and any other applicable building codes
and other applicable City ordinances, and provided Developer is
acting in accord with this Agreement, City shall issue all neces-
sary permits for the proposed development of the Property.
5. Construction by Developer.
A. Developer agrees that it shall construct each of the
Improvements described in Exhibit "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 be commenced until City has
approved in writing such plans and specifications pursuant to
applicable City ordinances.
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 re-
gard, City shall grant such approvals, permits and permission as
maybe necessary or convenient to Developer' s construction of the
Improvements. If additional easements are necessary to install
the Improvements, Developer shall have the responsibility of ob-
taining such easements, provided that, at Developer' s request,
City shall condemn any such easements as expeditiously as possi-
ble. Developer shall bear the costs, if any, of obtaining such
easements. City shall inform Developer simultaneously with City' s
execution of this Agreement as to the negessity of obtaining ad-
ditional easements to install the Improvements along the route
proposed by Developer (indicated on Exhibit "C" ) . If such addi -
tional easements are necessary, Developer shall have the right to
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reroute the Improvements so as to utilize existing public rights-
of-way and easements, after first obtaining the approval of City
to do so, such approval not to be unreasonably withheld or
delayed.
C. Notwithstanding anything in this Agreement to the
contrary, the values of each of the Improvements as set forth in
Exhibit "C" are merely estimates for purposes of conveniently de-
termining 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 rights-of-way and easements that
may be required if the cost of same is first approved by City,
such approval not to be unreasonably withheld or delayed.
7Develo er shall
p provide City with invoices that substantiate such
actual costs.
D. At such time as the Improvements have been completed
and City has provided Developer with all appropriate credits, the
Developer' s right- , title and interest in and to the Improvements w
and any easements necessary for the operation and maintenance of
said Improvements shall forthwith be conveyed to City. As further
evidence of said conveyance, Developer shall deliver to City a
bill-of-sale in form satisfactory to City with respect to the
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Improvements. Upon such conveyance, City shall assume the respon-
sibility for continuously operating and maintaining the Improve-
ments.
E. Developer will be constructing a sewage pumping
station on the Property. In additional consideration for the per-
formance of Developer' s obligations hereunder, City agrees that,
when the pumping station is completed, all of Developer' s right,
title and interest therein shall be transferred to City. As evi-
dence of such transfer, Developer shall deliver to City a
bill-of-sale in form satisfactory to City with respect to the
pumping station. Upon such transfer being complete, City shall
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assume responsibility for continuously operating and maintaining
the pumping station.
F. In addition to the lmprovements described in Exhibit
"W' City may require Developer to oversize on-site water and
sanitary sewer facilities in order to serve other existing or
proposed developments in the vicinity of the Property. This
requirement may be imposed on Developer provided City furnishes
Developer written notice of such requirement, including dimensions
and specifications of any facilities to be oversized, within sixty
( 60 ) days of the execution of this Agreement. Developer shall be
entitled to credit against the Charges for the actual cost of any
oversizing required by the City, including a proportionate share
of engineering costs associated with such facilities. Such credit
shall be applied in the manner set out herein for applying credit
'for the Improvements described in Exhibit "C. "
6. Service By City. City agrees that it shall connect the
Improvements to the central water and sanitary sewage facilities
of City in accordance with the terms and intent of this Agree-
ment. Such connection shall at all times be in accordance with
the rules, regulations and orders of any governmental agency or
department having jurisdiction. City further agrees that it shall
furnish water and sanitary sewer service to the Property in con-
sideration of the payment by Developer and/or owner to City of the
monthly charges for water and sanitary sewer services as may, from
time to time, be established and in effect for users within the
City for such services.
7. Notice. All notices required or allowed by this Agree-
ment shall be deemed given when delivered in person or deposited
with the United States Mail Service by registered or 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 Blvd.
Dania, Florida 33004
With a Copy to:
Frank Adler, Esquire
Adler Tolar & Adler
City Attorney
City of Dania
301 Bayview Building
1040 Bayview Drive
Ft. Lauderdale, FL 33304
To Developer MARVIN I. DANTO and
BETTY DANTO
C/o Danto Investment Co.
1700 Stutz , Suite 25
Troy, Michigan 48084
With a Copy to:
Gustafson, Stephens , Ferris,
Forman & I1al1, P.A.
540 N.E. 4th Street
Ft. Lauderdale, FL 33301
$. Captions. The captions of this Agreement arc for conveni-
ence and reference only, and in no way define, describe, extend or
limit the scope or intent of this Agreement.
9. Attorneys ' Fees In connection with any litigation regarding
this Agreement, the prevailing party shall be entitled to recover
costs expended in such litigation and reasonable attorneys fees .
10. Governing Law This Agreement shall be governed in its en-
forcement, construction and interpretation by the laws cf 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. Developer may assign its rights
and obligations under this Agreement in whole or in part.
12 . Developer Obtaining Title/Abandonment of Project In the
event Developer or Developer's designee, as identified in writing
to they City, does not obtain title to the Property by June 1, 1984 ,
this Agreement shall be null and void and of no further force and
effect, unless an extension of such date is agreed upon
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in writing by the parties. In addition, this Agreement shall be
null and void and of no further force and effect if Developer
notifies the City in writing by January 1, 1985 that its proposed
development of the Property has been abandoned.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment on the dates set forth below.
Signed, sealed and delivered DEVELOPER k
in the presence of:
By:
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By
Dated:
CITY OF DANIA, a Florida
municipal corporation (SEAL)
ATTEST:
By.
Chester A. Byrd X
Wanda Mullikin Mayor-Commissioner
City Clerk-Auditor
By:
Richard Marant
City Manager
Dated:
Approved for form and correctness:
C.C. 4&N.C. Gw
Frank C. Adler,
City Attorney
EXHIBIT A
LEGAL DESCRIPTION
for
DESIGN CENTER OF THE AMERICAS
A parcel of land lying in a portion of the East one-half (E 112) of the Northwest
one-quarter (N.W. 1/4) of Section 33, Township 50 South, Range 42 East being more
particularly described as follows :
COMMENCE at the Northeast corner of the Northwest 1/4 of said Section 33; thence
South 01 °20' 33" East along the East line of said Northwest 1/4, a distance of 67.66
feet to a point on the Southerly right-of-way line of GRIFFIN ROAD as described in !
O.R. Book 9455 , Page 70, o.f the Public Records of Broward County, Florida, said
point also being the POINT OF BEGINNING; thence continue South 01 °20' 33" East, along
said Northwest 1/4 line and the West lines of "HOLLY1,4000 PALMS" plat and "RE-AMENDED
PLAT OF HOLLYWOOD PALMS", Tract "A" plat, according to the plats thereof as recorded
in Plat Books 10 and 36, Pages 65 and 46 respectively of the Public Records of
Broward County, Florida , a distance of 2613.96 feet to the center of said Section
33 and a point on the North line of "TIGERTAIL GROVE RESUBDIVISION" , according to
the plat thereof as recorded in Plat Book 30, Page 20 of said Broward County Records ;
thence South 87°47 '48" West, along the aforementioned North plat line and thL South
line of the Northwest one-quarter of said Section 33, a distance of 569.04 feet to
a point on the Easterly limited access right-of-way line of Interstate 95 (State
Road No. 9) as shown on D.O.T, map section 86070-2403; thence North 03°54' 37"hest
along the aforementioned right-Df-way line, a distance of 233. )3 feet to a point i
on the arc of a tangent curve to the left, concave to the Southwest; thence North- k'
erly and Northwesterly along the arc of said curve , and the aforementioned right-
of-way line, an arc distance of (having a radius of 5929.65 feet and a central angle
of 10°36'26" ) 1097. 76 feet to a point of tangency; thence North 14°.31 '03" West,
alrong the aforementioned right-of-way line, a distance of 778. 32 feet; thence North t
09049' 17" West, along the aforementioned right-of-way line, a distance of 410.03 a
feet; ,thence North 87°47'38" East, a distance of 185 .51 feet; thence along a non-
r6dially extended line. (radial bearing bears North 02°37' 15" West) North 02012'22"
West, ,a distance of 133:75 feet to a point on the arc of a non-tangent curve to the
right, concave to the South, and a point on the Southerly right-of-way line of said d
�h GRIFFIN ROAD; thence Easterly along the arc of said curve and the aforementioned
Southerly right-of-way line an arc distance of (having a radius of 2238.83 feet and
a central angle of 00°24'53") 16.20 feet to a point of tangency; thence North 870
47' 38" East, along said Southerly right-of-way line , a distance of 673.41 feet to
a point on the arc of a tangent curve to the right, concave to the South; thence
Easterly along the arc of said curve and said Southerly right-of-way line an arc
distance of (having a radius of 563.96 feet and a central angle of 09°36' 11 ") 94.52
feet to the POINT OF BEGINNING. iI
Said land lying in the City of Dania, Broward County, Florida and containing 44.4192
acres more or less.
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SURVEY FOR, Exhibit for Dania Water and Sewer Agreement 4
1 hereby certify that the
attached sketch re resents nr.
a recent survey made under MID SOUTH ENGINEERING COMPANY
my direction, and Is true f
and correct to the best of Consuming Engineers, Surveyors, Planrrors
my knowledge onj. beliefs, p4
and that 'there are no en- 1
croachmonts on sold land 2901—A North West 62rd Street `
other than are shown hereon. Fort Lauderdale, Florida 33309
Fla. Reg. 'S urveyor No. DATE F.B.NO. DR:.WN BY CHECKED aY JOB NO. b
12-7-82 nF 2
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EXHIBIT B
WATER & SEWER ACREAGE AND CONNECTICO CHARGES
DESIGN CENTER OF THE Ab ERICAS
Use Acreage ERCs Acreage Charges Connection Charges
($4,300.00/Acre) ($510.00/ERC)
1,000,000 285.71 $145,712. 10
s.f. Whole-
sale design
center
Commercial
uses on balance
of property:
120,000 sq. ft.
office bldg 68.57 $ 34,970.70
550 roan hotel 314,86 $160,578.60
TOTAL 44,4192 669. 14 $191,002.56 $341,261.40
COMBINED TOTAL OF CIIARSES $532,263.96
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EXHIBIT C
DESIGN CENTER OF THE AMERICAS
ESTIMATE OF VALUE OF IMPROVEMENTS TO BE CREDITED TU,"ARD
THE ACREAGE AND CONNECTION CHARGES
1. 12" Water Main (N. W. lst Street (Tigertail Blvd. ) North along
Bryan Road to N.W. 2nd Street, then West along N.W. 2nd Street
to S. E. property line)
2100 l. f. @ $30. 00/1. f. = $63, 000 x 1. 20'6*= $75 , 600. 00
To be completed prior to occupany. issuance of first certificate of
2. 12" Water Main (West side of I-95 East along Griffin Road
under I ,95 to project entrance)
650 1, f, @ $50. 00/l. f. _ $ 32, 500x 1. 202*= $39, 000. 00
To be completed prior to issuance of first certificate of
• occupany.
3. , 8" Force Main (Bryan Road West along N. W. 2nd Street to S. B,
(� property line)
1400 l. f. @ $20, 00/1. f. _ $28, 000 x 1. 20%*= ^33, 600. 00 (Est. )
To be completed prior to issuance of first certificate of
occupancy.
Total Credit = $148 , 200, 00 (Est. )
*10% Contingency
10% Engineering Fee
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