HomeMy WebLinkAboutR-1981-404.1 p:
RESOLUTION NO. 404. 1
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
j GRANTING PERMISSION TO F.G .I . INVESTORS TO
DO THE NECESSARY DREDGING AND FILLING IN
CONNECTION WITH THE PIRATES WORLD DEVELOP-
MENT.
WHEREAS , the City of Dania, has received an application
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from F.G.I. Investors , a Pennsylvania Business Trust and duly
authorized to do business in the State of Florida, to do exten-
sive dredging and filling and excavation as described for filling
under Chapter 253. 124 , Florida Statutes; and
WHEREAS , this application has been reviewed and it has
been determined that the project entertained would not :
1 . Violate any statute, zoning law, ordinance , or
other applicable restriction, nor
2 . Subject the natural flow of the navigable waters
as defined in Section 253. 12 , Florida Statutes , b_
to harmful destruction or alteration , nor
3. Create harmful or increased erosion, shoaling of
channels or stagnant areas of water, nor
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4 . Cause material injury or monetary damage to accrue
to adjoining land; and
WHEREAS, the City of Dania, has determined:
A. Whether the project will interfere with the conser-
vation of fish, marine and wildlife , or other natural resources
to such an extent as to be contrary to the public interest; and
B. Whether the destruction of oyster beds , clam beds
or marine productivity, including but not limited to destruction
of natural marine habitats , grass flats suitable as nursery or
F feeding grounds for marine life, including established marine
+ soils suitable for producing plant growth of a type useful as
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nursery or feeding grounds for marine life, will result there-
from to such an extent as to be contrary to the public interest.
It hat: also considered other factors affecting the
public interest ; and
WHERI:AS , the biological survey of the Department of
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Environmental Regulation designated in Section 253. 124 , Florida
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Statutes , has been considered and read into the record at the
same meeting at which final action has been taken on this appli-
cation ;
NOW, THEREFORE, BE IT RESOLVED:
That the City of Dania , hereby gives its approval to
the construction of the above project, subject to the approval
of the Department of Environmental Regulation, pursuant to
Section 253. 124 (2) , Florida Statutes , and the approval of the
United States Army Corps of Engineers , pursuant to the Rivers
and Harbors Act , and all other applicable federal statutes.
PASSED and DULY ADOPTED this 28th day of July, 1981,
at a regularly scheduled public meeting.
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J YOR-C MMISSIONER
ATTEST : l
/�CITY CLERK-AUDITOR
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APPROVED AS TO FORM ANDCORRECTIVENESS
FRANK C. ADLER, CITY ATTORNEY
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RESOLUTION NO. 404
A RESOLUTION INCORPORATING, BY REFERENCE , THE
CERTAIN RESOLUTION ADOPTED BY CITY COMMISSION
OF CITY OF DANIA, FLORIDA, IMMEDIATELY PRIOR
TO THE ADOPTION OF THE WITHIN RESOLUTION, WITH
"f THE EARLIER RESOLUTION BEING MORE PARTICULARLY
DESCRIBED AS ITEM NO. 4 ON THE OFFICIAL AGENDA
t FOR THE CITY COMMISSION OF CITY OF DANIA FOR
ITS MEETING OF JULY 28 , 1981; AND AGREEING TO
I LEASE, OR SUB-LEASE, TO THE CARROUSEL GROUP,
INC. , AS THE ASSIGNEE OF SATURDAY CORPORATION,
THE LANDS DESCRIBED IN THE SAID EARLIER RESOLU-
i TION IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF A CERTAIN LEASE AGREEMENT DATED JANUARY 15,
1981 , OR ON THE SAME BASIS AS SAME ARE LEASED
FROM FLORIDA DEPARTMENT OF TRANSPORTATION; 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 RESOLUTION SHALL BE IN FORCE
AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND
ADOPTION
W I T N E S S E T H:
That the RECITALS which show the background, bais, premises ,
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i facts and circumstances which have led the City Commission of the
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City of Dania, Florida, to adopt the within resolution are stated
for preliminary information purposes as follows:
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(1) Item no. 4 of the agenda of the city commission meet-
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ing of July 28, 1981, describes the terms and conditions of a pro-
posed resolution. Such resolution has actually been adopted im-
mediately prior to the adoption of the within resolution and the
terms and conditions of the earlier resolution are made a part of
the within resolution by reference.
(2) If City of Dania acquires the title from Florida De-
partment of Transportation of the abandoned right-of-way described
in the earlier resolution, the fact that such right of way is a
part of the leased lands which are the subject of the lease dated
January 15 , 1981 , between City of Dania and Saturday Corporation
is hereby confirmed.
(3) If City of Dania is able to lease from Florida Depart-
ment of Transportation, for public parking purposes, the parking f ,
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described in the earlier resolution being adopted on the same day
as the adoption of the within resolution, City of Dania desires to
commit itself to sub-lease such lands to The Carrousel Group, Inc. ,
as the successor to Saturday Corporation, under the exact same
terms and conditions as City of Dania leases same from Florida De-
partment of Transportation.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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j CITY OF DANIA, FLORIDA:
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zence herein ao
Section 1. The refe lease-' / (or proposed lease)
j of lands at Dania Beach, Dania, Broward County, Florida, shall be
deemed to refer to the lease which is requested from Florida Depart-
ment of Transportation by City of Dania as the result of a resolution
passed and adopted on July 28, 1981, and immediately prior to the
adoption of the within resolution. Such earlier resolution is the
subject of agenda item no. 4 on the published agenda of the city
commission meeting of July 28, 1981 .
Section 2 . If Florida Department of Transportation leases
the lands at Dania Beach, Dania, Broward County, Florida, to City
of Dania for public parking purposes, City of Dania shall then im-
mediately sub-lease the exact same lands to The Carrousel Group,
Inc. , for the same rate of rent as paid to Florida Department of
Transportation. The sub-lease shall be for the same number of
years and shall in
corporated the exact same terms and conditions
as appear in the basic lease, including the restriction that the
leased area leased from Florida Department of Transportation by
City of Dania be used by The Carrousel Group, Inc . , for public park-
ing purposes. To the extent that City of Dania is able to renew,
renegotiate or extend the basic lease with Florida Department of
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{ Transportation at some future date , City of Dania shall sub-lease
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the same lands to The Carrousel Group, Inc. , under an identical form
of renewal lease, renegotiated lease or extended lease .
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Section 3. That all resolutions, or parts of resolutions,
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in conflict herewith are hereby repealed to the extent of such con-
flict.
Section 4 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 28th day of July, Bl•
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7 Mayor-Commissioner
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Attest:
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City Clerk-Auditor
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