HomeMy WebLinkAboutR-1990-028 I
RESOLUTION NO. 28-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING DEVELOPER 'S AGREEMENT BY AND BETWEEN
M. I.M.E. , INC. , AND THE CITY OF DANIA,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Developer' s Agreement between
M. I.M.E. , Inc . , and the City of Dania , Florida, a copy of which is
attached hereto as Exhibit "A" , be and the same is hereby
approved , and the appropriate city officials are hereby directed
to execute same.
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 13th day of March , 1990.
41 r.
MAYOR - COMMISSI�FLrR
ATTEST:
`CITY CLERK - AUDITOR '
APPROVED
AAS�TOOQFORM ANn r0RRPrTMPQQ -
FRANK C. ADLER, City Attorney
Resolution No. 28-90
1�
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and
entered into this day of , 1990, by and between
M.I.M.E. , INC., hereinafter referred to as "Developer" and the
City of Dania, a political subdivision of the State of Florida,
hereinafter referred to as "City".
WHEREAS, Developer owns or controls or has an interest in
lands located in Broward County, Florida, and described in
Exhibit "A" attached hereto and made a part hereof as if fully
set out in this Paragraph and referred to herein as the
"Property", and Developer plans to develop the Property by
erecting thereon warehouse buildings; and
WHEREAS, Developer has applied to the City for approval of a
certain plat known as M.I.M.E. , INC. plat (hereinafter referred
to as the "Plat"), and which Plat was approved by the City of
- Dania City Commission on September 13, 1988; and
WHEREAS, it is necessary that adequate roadway improvements
be provided to serve the Property and to serve the occupants of
each building, or unit constructed or located on the Property and
the surrounding area; and
WHEREAS, Developer has agreed, as a condition to the
approval of the Plat by the City, to install and complete the
improvements set forth in Exhibit "B" attached hereto and to pay
for fifty percent (50%) of the improvements set forth in Exhibit
"C" attached hereto, at such time as the same are undertaken by
- City or its designee,
NOW, THEREFORE, for and in consideration of the promises,
the mutual undertaking and agreements herein contained and
assumed, Developer and City hereby covenant and agree as follows:
1. The foregoing statements are true and correct and are
incorporated herein by reference.
2. The Developer has agreed to install, construct and
complete the improvements set forth in Exhibit "0" attached
hereto. These improvements are for roadway improvements to and
along Tigertail Boulevard and Bryan Road, all as shown on that
certain "Master Plan for Road Improvements" prepared by Corzo
EXHIBIT "A"
Castella & Carballo, P.A. dated October, 1988 last revised
January 22, 1990, a copy of which is attached hereto as Exhibit
A. To ensure completion of the improvements set forth
in Exhibit "B", Developer shall deliver to City a Letter of
Credit, in the amount Of $69,600.95, in a form substantially
similar to the sample Letter of Credit attached hereto as Exhibit
"E.
B. Upon completion of the aformentioned road
improvements, Developer hereby covenants and agrees to transfer,
or cause to be transferred, ownership and control of same to
City. Sach conveyance shall be in accordance with the provisions
of the City Charter and the City's Code of Ordinances. As
further evidence of said transfer of title, and upon the
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completion of the installation, Developer shall convey the road
improvements by "Bill Of Sale" in form satisfactory to City's
counsel.
C. Upon conveyance thereof, City agrees to
simultaneously execute whatever documents are necessary to
release Developer from the aforementioned Letter of Credit, and
further cause the original of same to be returned to Developer.
3. The Developer agrees to pay y the City the sum of
$34,396.93 within sixty (60) days of receiving written notice
from the City that the City, or its designee, has completed the
construction of the improvements set forth on Exhibit "_ Those
improvements are for roadway improvements to and along Dania
Y P
Beach Boulevard, as shown on that certain "Master Plan for Road
Improvements" prepared by Corzo Castella s Carballo, P.A. dated
October, 1988, last revised January 22, 1990, a copy of which is
attached hereto as Exhibit "D". To ensure compliance with the
provisions of this paragraph 3:
A. This Agreement shall be recorded in the Official
Records Of Broward County and a lien is hereby imposed by the
City against all of the real property situated within the platted
area for the amount of money that the Developer has agreed to pay
pursuant to this paragraph, to wit: $34,396.93. Such lien shall
-2
continue from the date of this Agreement until fully paid,
discharged, released or barred by law.
B. In the event that the amount of money or any
portion thereof the Developer has agreed to pay pursuant hereto
becomes due and payable as provided herein and continues unpaid
for thirty (30) days or more thereafter, the entire unpaid
balance of such amount, plus costs and interest accrued from the
due date at a rate of ten percent (10%) per annum, shall become
immediately due and payable and may be recovered by City against
the Developer in a civil action, or the lien created hereby, plus
such costs and interest, may be foreclosed or otherwise enforced
by the City by action or suit in equity as for the foreclosure of
a mortgage on real property.
C. The lien of any mortgage on the real property
within the platted area shall be subordinated to the rights of
the City with respect to the lien created by this Agreement. The
Developer shall cause this Agreement to be executed by the holder
of any such mortgage as consent to such subordination.
D. When the Lien created hereby has been fully paid
or discharged, or become null and void by operation of the
provisions of this Agreement, the City shall promptly cause
evidence of such satisfaction and discharge to be entered in the
Official Records of Broward County.
4. This Agreement shall be binding upon and shall inure to
the benefit of Developer, City and their respective assigns and
corporate successors by merger, consolidation or conveyance.
'•a?;F'+;. `•t"��••='•`r+'r•' >%�•• +_`` =r 5. Until further written notice by either party to the
other, all notices provided for herein shall be in writing and
transmitted by messenger, by mail, or by telegram to the address
indicated on the signature page of this Agreement.
- 6. This Agreement supersedes all previous Agreements or
-' representations, either verbal or written, heretofore in effect
between Developer and City, made with respect to the matters
herein contained, and when duly executed, constitutes the
Agreement between Developer and City. No additions, alterations
or variations of the terms of this Agreement shall be valid, nor
. . .. -3
, J
Witne es M.I.M.E. , INC.
By t.�ITRI��
LL COHEN, President
/liL.ifLC �.wL
NOTICE TO DEVELOPER:
ALAN J. KAN, ESQUIRE
BEDZOW KORN KAN & GLASER, P.A.
11077 Biscayne Boulevard
. - P.O. Box 61-9002
Penthouse Suite
Miami, Florida 33261-9002
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, duly authorized to
take acknowledgements and administer oaths, personally appeared
CHARLES MCELYEA, JR., as Mayor, ROBERT FLATLEY, as City Manager,
and WANDA MULLIKIN, as City Clerk, of the City of Dania, a
municipal corporation of the State of Florida, and they
acknowledged before me individually, jointly and severally, that
they executed the foregoing Developer's Agreement for and in
behalf of the City of Dania for the matters set forth therein.
SWORN TO AND SUBSCRIBED before me this day of
1990.
My Commission Expires: Notary Public, State of Florida
STATE OF FLORIDA J
SS:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, duly authorized to
. - take acknowledgements and administer oaths, personally appeared
- MERRILL COHEN, as President of M.I.M.E, Inc. , who acknowledged
before me that he executed the foregoing Developer's Agreement
for and in behalf of M.I.M.E. , Inc., for the matters set forth
therein.
f SWORN TO AND SUBSCRIBED a ore me this day of
1990.
C Qi
' otary Pub ic, tate of Florida
My Commission Expires:
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JOINDER OF MORTGAGEE
Witnesses: BARNETT BANK OF SOUTH FLORIDA,
N.A.
By and through:
0 ANDO M. GELPI,
Sr. Vice-President
day of h A f 1990
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD J
BEFORE ME, personally appeared ORLANDO M. GELPI, as Senior
Vice President of BARNETT BANK OF SOUTH FLORIDA, N.A., known to
me to be the person described in and who executed this foregoing
Agreement and acknowledged to me and before me that he executed
same for the purposes herein expressed.
WITNESS my hand and official seal, this �_ day of
1990.
Notary Public, State oFt Florida
NOTARY PUBLIC.STATE OF FLORIDA.
My Commissio❑ Expires: MY COMMISSION EXPIRE,:DEC.21. 1992.
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EX"1HfT "A"
M.I.M.E. , INC. Plat - As recorded in Plat Rook
Page of the Public Records of nruward County,
Florida —(a Replat of Block 0, of "Tigertail Grove
Resubd iv is ion" (30 - 20 B.C.R. ) in Section 33, Township
+ ''•- -. - .. - 50 South, Range 42 past, City of Dania, ❑roward County,
Ptorida) .
4
M.I.M.E., Inc. Page 1
City of Dania, FL January 23, 1990
For: Mr. Merril Cohen
ENGINEER'S OPINION OF PROBABLE COSTS FOR ROAD IMPROVEMENTS
(Tigertail Boulevard and Bryan Road)
------------------------------------------------
Item No. Description Quantity Unit Unit Cost Amount
--------------------------------------------------------------------------------
I. TIGERTAIL BOULEVARD
522-1 Conc. Sidewalk (4" thick) 756.00 S'Y 12.00 9072.00
575-1-3 Sodding (Argentine Bahia) 3077.00 Sy 2.65 8154.05
II. BRYAN ROAD (BROWARD COUNTY) 17226.05
A. ROADWAY ITEMS
180-70 Stabilized subbase (1211) 3887.00 Sy 2.55 9911.85
200-1-6 Limerock Base (12") 2course 1465.00 57 13.00 19045.00
300-1-1 Bit. Nat. (Prime coat) 220.00 GA 2.35 517.00
300-1-3 Bit. Mat. (Tack coat) 245.00 GA 1.60 392.00
331-72-8 Type 1 Mod. Asph Conc(3/411) 3580.00 Sy 2.10 7518.00
331-72-11 Type S-1 Asph Conc (1.511) 1285.00 Sy 3.70 4754.50
522-1 Conc. Sidewalk (4" thick) 290.00 Sy 12.00 3480.00
575-1-3 Sodding (Argentine Bahia) 1095.00 S'Y 2.65 2901.75
575-3 Seed d Mulch 1560.00 S'Y 0.55 858.00
B. SIGNING AND PAVEMENT MARKING ITEMS 49378.10
700-1-15 Roadside Sign (6.25-9sf) 2.00 AS 235.00 470.00
706-1-12 Reflective Pavt. Marker 100.00 EA 3.70 370.00
711-2 Skip traffic stripe (411) 90.00 LF 0.55 49.50
711-4 Directional Arrows 5.00 EA 50.00 250.00
711-6-41 Solid traffic stripe (411) 4650.On IT n ,n „nc nn
711-6-81 Solid traffic stripe (18") 280.00 LF 1.65 1462.00
2996.50
TOTAL PROBABLE COST: ................$ 69600.65
Prepared By:
COR20 CASTELLA CARBALLO THOMPSON
Consulting Engineers
75 Valencia Avenue, 6th Floor
Coral Gables, F1 33134
Tel. 1-800-448 0227
EXHIBIT 113-
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M,I.M.E., Inc. Page 1
City of Dania, FL January 23, 1990
For: Mr. Merril Cohen
ENGINEER'S OPINION OF PROBABLE COSTS FOR ROAD IMPROVEMENTS
D'11IA BEACH BOULEVARD
----------------------------------------------------------------------------------------------------
Item No. Description Quantity Unit Unit Cost Amount t Paid by Bond
Ovn�ier Amount
----------------------------------------------------------------------------------------------------
A. ROADWAY ITEMS
180-70 Stabilized Subbase (12") 5680.00 SY 2.55 14484.00
200-1-2 Limerock Base (811) 3887.00 SY 6.00 23322.00
300-1-1 Hit. Nat. (Prime coat) 538.00 CA 2.35 1264.30
300-1-3 Bit. Mat. (Tack coat) 180.00 CA 1.60 288.00
331-72-10 Type S-1 Asph. Conc. (1") 3587.00 SY 2.90 10402.30
522-1 Conc. Sideralk (4" thick) 754.00 SY 12.00 9048.00
575-1-3 Sodding (Argentine Bahia) 3138.00 SY 2.65 8315.70
67124.30 0.50 33562.15
B. SIGNING AND PAVEMENT MARKINGS
700-1-3 Roadside Sign, Stop (3011) 1.00 AS 175.00 175.00
700-1-10 Roadside sign (3sf or less) 2.00 AS 175.00 350.00
706-1-12 Reflective Pavt. Marker 35.00 EA 3.70 129.50
711-2 Skip traffic stripe (4") 340.00 LF 0.55 187.00
711-6-41 Solid traffic stripe (411) 2630.00 LF 0.30 789.00
711-6-241 Solid traffic stripe (2411) 15.00 LF 2.65 39.75
1670.25 0.50 835.13
----------
TOTAL PROBABLE CONSTRUCTION COST: ....$ 68794.55
REQUIRED BOND AMOUNT ...........................$ 34397.28
COR20 CASTILLA CARBALLO THOMPSON
Consulting Engineers
75 Valencia Avenue, 6th Floor
Coral Gables, F1 33134
Tel. 1-800-448 0227
EXHIBIT
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EXHIBIT " � "
A CountyDank
COUNTY NATIONAL BANK
OF SOUTH FLORIDA
601 N E 16 71A STREET
NORTH MIAMI BEACH FLORIDA 30162
006/661-7110
March 7 , 1990 On all communica(ions please refer Io
OUR REFERENCE NUMBER
S-90564
Beneficiary Applicant :
City Manager
City of Dania
100 W. Dania Beach Blvd Amount :
Dania, Florida 33304 USD69,600 . 95
a
Gentlemen:
{� We hereby authorize you to , draw on County National Bank of south
Florida, 801 N.E . 167th Street, North Miami Beach, F1 33162, by order
'r= M. I .M. E. Inc . and for the account M. I .M. E. Inc . up to an aggregate
amount, in United States funds , Of Sixty-Nine Thousand Six Hundred
Dollars and Ninety Five Cents (US$69, 600. 95) available by your drafts
L. at sight accompanied by :
j ..
(1). A signed statement from the City Manager of City of Dania,
Ci Broward County, Florida or an authorized representative, that
the drawing is due to default in performance of certain
obligations including but not limited to the obligation to
install construct , and complete roadway improvements?: along Tiger Tail Blvd . to end
and Bryan Road , all as shown on that
certain "Master Plan for Road Improvements" prepared by Corzo
'' 1• Castella & Carballo, P.A. , dated October 1988 and last revised
January 22. 1990.
Drafts must be drawn and negotiated not later than March 7 , 1991 .
Drafts must bear the clause : "Drawn under Letter of Credit
No. S-90564 of County National Bank of South Florida dated
March 7 , 1990".
This Letter of Credit shall be renewed for successive periods of one
( 1) year each unless we provide the City of Dania Manager with
written notice of our intent to terminate the credit herein extended ,
which notice must be provided at least thirty (30) days prior to the
expiration date of the original term hereof or any renewed one (1)
year term. Notice to City of Dania that this Letter of Credit will
expire prior to performance of the DEVELOPER ' S obligations shall be
deemed a default .
Page 1 of 2 . . . . . . .
EXHIBIT " E
L
City Manager
City of Dania
Re : M. I .M. E. , Inc .
L/C No. S-90564
Page 2 of 2
This Letter of Credit sets forth in full the terms of our
undertaking, and such undertaking shall not in any way be modified ,
amended , or amplified by reference to any documents , instrument , or
agreement referred to herein or in which this Letter of Credit is
referred to or this Letter of Credit relates , and any such reference
shall not be deemed to incorporate herein by reference any document ,
instrument , or agreement .
We hereby agree with the drawers , endorsers , and bona fide holders of
all drafts drawn under and 'in compliance with the terms of this
credit , that such drafts will be duly honored upon presentation to
the drawee .
The submission of improvements plans , as required , the installation
of improvements and restoration of City property in accordance with
conditions and time frames provided for in the approval ; acceptance
by City of Dania of all improvements required or monies due pursuant
to engineers cost estimate; and the provision of adequate security
for a one-year maintenance period if the improvement is a City road
or work shall be a release of all obligations under this letter of
credit .
This Credit is subject to the "Uniform Customs and Practice for
Documentary Credits (1983 revision) , International Chamber of
Commerce , Publication No. 400" and to the provision of Florida law .
If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise. Florida law shall
prevail . If a conflict between the law of another State or country
and Florida law should arise , Florida law shall prevail .
For County National Bank of South Florida
R i�r/ K
Senior Vice President
Senior Credit Lending Officer
/ppt
cc : M. I .M. E. , Inc .