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Home My WebLink AboutR-1989-051 i RESOLUTION NO. 51-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND GOLDEN COMMUNICATIONS , INC. ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain pre-annexation agreement by and between the City of Dania , Florida, and Golden Communications, Inc. a Michigan Corporation; a true copy of which is attached hereto and made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate city officials are hereby authorized and directed to execute same on behalf of the City. Section 2. That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict . Section 3 . This resolution shall be in force and take effect immediately upon its passage and adoption. .. PASSED and ADOPTED on the 25th day of April , 1989 . " MAYOR-- CW•ISSIONER ATTEST: CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BYrA".Z C. 9086N-o Frank C. Adler , CITY ATTORNEY 1 J RESOLUTION NO. 51-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND GOLDEN COMMUNICATIONS , INC. ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain pre-annexation agreement by and between the City of Dania , Florida, and Golden Communications, Inc. a Michigan Corporation; a true copy of which is attached hereto and made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate city officials are hereby authorized and directed to execute same on behalf of the City. Section 2. That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict. Section 3 . This resolution shall be in force and take effect immediately upon its passage and adoption. �... PASSED and ADOPTED on the 25th day of April , 1989 . MAYOR- ISSIONER ATTEST: CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BYrt,".Z C. 0A - Frank C. Adler, CITY ATTORNEY J � J ANNEXATION AGREEMENT 'Phis Annexation Agreement ( "Agreement " ) is made and entered into thisi ;Lj%' day of April , 1989 , by and between THE CITY OF DANIA, FLORIDA, a Florida municipal corporation ( hereinafter referred to as the "City" ) and GOLDEN COMMUNICATIONS, INC . a Michigan corporation, and its successors and/or assigns ( hereinafter referred to as the "Golden" ) . RECITALS : WHEREAS , Golden holds title to the Property ( hereinafter defined) under and by virtue of that certain Lease Agreement (referred to herein as the "Contract" ) dated April 14 , 1989 , between Golden and Sam Glaberman and Madeline Glaberman, husband and wife ( collectively referred to herein as "Glaberman" ) , who hold legal fee simple title to the Property; and WHEREAS, the City desires to annex the Property into the City and to that end will initiate the process required by law to enact an ordinance adopting a Petition for Voluntary Annexation of the Property into the City filed by Glaberman ( tire "Petition" ) , pursuant to Fla.Stat . §171 . 044 ( 2 ) ; and WHEREAS, Golden and the City believe that it .is in their mutual best interests to initiate the process required by law to enable the Property to be developed in accordance with the Variance ( hereinafter defined) ; and fi WHEREAS, the Ci.ty finds the Variance to be in the best interests of the residents of the City and has no objection to the Variance described herein which shall be sought by Glaberman as an inducement to Glaberman ' s filing the Petition; and WHEREAS, Glaberman shall file the Petition on behalf of Golden, based upon the understandings which are hereinafter set forth. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ( $10 . 00) and other good and valuable consideration, in hand paid by each party to the other, the receipt and sufficiency of which are hereby acknowledged, Golden and the City agree as follows : 1 . Recitals . The foregoing recitals are true and correct in all respects and are hereby incorporated herein by this reference and made a part of this Agreement . All exhibits to this Agreement are hereby deemed to be a part hereof . 2 . Property. As used herein, the term "Property" shall mean and refer to those certain parcels of real property situated in unincorporated Broward County, Florida, which are legally described on Exhibit "A" attached hereto and by this reference made a part hereof . 3 . Annexation . Subsequent to the execution of this Agreement, on behalf of Golden, Glaberman shall voluntarily petition the City to annex the Property into the City pursuant to the Petition, by completion and submission of the form annexed hereto as Exhibit "B" . The City, upon the filing of the Petition, shall immediately initiate the process to and shall promptly accomplish and complete annexation of the Property into the City in the manner provided by F1a .Stat . §171 . 044 ( 2 ) , and all other applicable state and local laws and regulations . The City acknowledges and understands that by the execution of this Agreement the City shall be absolutely and legally bound to I annex the Property into the City pursuant to the Petition. 4 . Variance. Subsequent to annexation of the Property into the City, on behalf of Golden, Glaberman shall A n 1 3 1 1 0 6 . A A l a 1, petition the City for a variance which will enable and permit construction and maintenance on the Property of an outdoor advertising display sign of a dimension of 14 ' x 48 ' and a height of 35 feet above the contiguous I-595 roadway or ramp surface, cture to that certain outdoor similar in design and stru advertising display sign approved by variance VA-12-II9 approved by the City on February 28, 1989 ( "Variance" ) . The City shall expeditiously process Glaberman' s petition and shall , without any further consideration or deliberation, grant the Variance. The City acknowledges and understands that by the execution of this Agreement the City shall be absolutely and legally bound to grant the Variance for the Property. 5 . Additional Conditions • Covenants . A. Conditions . Within seven ( 7 ) months from the date of this Agreement, Glaberman shall file, on behalf of Golden, hbe E or e Variance, undertaken wiin saidseven ( 7 ) month period, shall not within then this Agreement shall be null and void and of no further force or effect . B. Due Diligence. The City covenants that it shall immediately commence all actions as are necessary and appropriate to fulfill the City' s obligations under this Agreement and shall diligently pursue the same throughout the existence of this Agreement . C . Cooperation. The City agrees that it will cooperate with Glaberman or Golden, as the case may be, in preparing any and each presentation before the applicable governmental body in order to provide such governmental body with any and all information as such governmental body shall request . Similarly, such City staff as are appropriate shall appear before the applicable governmental body in support of the Petition and the Variance. 6 . Building Permit( s ) , The City covenants to timely process and issue building permit (s ) for the development of the Property consistent with this Agreement immediately upon approval of the Variance by the City, provided the building permit applicat.ion( s ) , and any accompanying plans and specifications , meet all of the City ' s applicable building and zoning �. regulations . 7 . Miscellaneous . A. Entire Agreement . This Agreement sets forth all the promises , covenants , agreements , conditions and understandings between Golden and the City, and supersedes all prior and contemporaneous agreements , understandings , inducements or conditions , express or implied, oral or written, except as herein contained. B . Severability . The invalidity of any provisions hereof shall in no way affect or invalidate the remainder of this Agreement. C. Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed an original but all of which together shall constitute one and the same instrument . D. HeadiMs . The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Agreement. E. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceedings arising in any matter pertaining to this AB 1 3 1 1 0 6 . A A 1 2 0 4 / 2 0 / U 9 Agreement shall , to the extent permitted by law, be field in Broward County, Florida . F . Binding Effect . The obligations imposed pursuant to this Agreement upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by either Glaberman or. Golden and the City, and their respective personal representatives , heirs , successors , grantees and assignees , in accordance with the teens hereof . IN WITNESS WHEREOF, Golden and the City have executed this Agreement as of the day and year first above written. CITY: THE CITY OF DANIA, FLORIDA, a Florida /municipal corporation By - ATTEST: Its : City Clerk APPROVED AS TO FORM: Its : City Attorney Signed, Sealed and Delivered GOLDEN : in the presence of : GOLDEN COMMUNICATIONS, INC. , a Michigan Corporation Witness as to Golden Dan•fel L. Hardin, Vice-President (Corporate Seal ) Witness as to Golden J A 0131106 A A 1 3 r O4 / 17 / 09 s STATE OF FLORIDA ) SS : COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared , as Mayor, and , as City Clerk, of the CITY OF DANIA, a Florida municipal corporation, to me personally known and known to me to be the person described in and who executed the foregoing instrument, and who acknowledged before me that they executed same. WITNESS my hand and official seal in the State and County aforesaid this _ day of April, 1989 , Notary Public , State of Florida My Commission Expires : STATE OF FLORIDA ) SS : COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments , personally appeared DANIEL L. HARDIN, as Vice- President of GOLDEN COMMUNICATIONS , INC . , a Michigan corporation, to me personally known and known to me to be the person described in and who executed the foregoing instrument, and who acknowledged before me that he executed same . WITNESS my„hand official seal in the State and County aforesaid this /�✓ day of April , 1989 . 11 /1 71, NotcYry Public , State of Florida My Commission Expires : J A 01311 (16 . AA1 4 04 / 17 / no i LEGAL DESCRIP`1'ION � Exhibit "A" The South 85 feet of the North 260 feet of the 14W .1/4 of the NW 1/4 of the SE 1/4 ( lying west of 'tram Road) of Township 20 , Section no50 , Range 40 , 0, lying 20Y0004in Broward and County, Florida, located at 3091 S .W. 26th Terrace; and, The South 85 feet of the North 345 feet of the NW 1/4 of the NW 1/4 of the SE 1/4 ( lying west of Tram Road) of Township 20 , Section 50, Range 40, lying in Broward County, Florida, (Tax Folio No. 5042-20-00043601 ) , and located at 3101 S .W. 26th Terrace . I � J AB 131106 AA1 0 4 / 1 7 / 8 9 J ,a i 1 pETI'1'lON FOR ANNEXATION ExhiU_ i�_B" To the City Commission of the City of Dania, Florida . Sirs : the undersigned property owner(s ) respectfully This petition of shows : ( 1 ) That this is an application for the annexation Of the hereinbelow described tract( s) of land to the City of Dania, Florida . (2) That said territory adjoins said municipal corporation' s boundaries . ( nd made a part hereof is a 3) That attached hereto a "Certificate of Ownership" prepared by a licensed Attorney at Law ill State of Florida. ( 4 ) That attached hereto and made a part hereof is a sur an vey of the hereinbelow described property prepared by engineer or land surveyor licensed to do business in the State of Florida . ( 5) That the subject property is presently situated in unincorporated Broward County, Florida , and the existing zoning on the subject property is M-1 . LEGAL DESCRIPTION See Exhibit "A" attached hereto and by this reference made a part hereof . ann xed said Petitioner prays ccord gly ha signed andbpresented this petition,of Dan By. Name (Title ) (Address ) (City) (State) ( zip Code) ( Phone Number) STATE OF FLORIDA SS : COUNTY OF BROWARD ) to me BEFORE ME, personally appeared in well known and known to me to be the person( s )who described dato who executed the foregoing instrument, and before me that such person( s ) executed said instrument for the purposes therein expressed . WITNESS MY hand and official seal , this day of 1989 . Notary Public , State of Florida My Commission Expires : J Ao : 3 : 10e . AAI oa / ti / ec