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Home My WebLink AboutR-1989-018 i 7 RESOLUTION NO. 18-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND BOCA BANANA BOAT, 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 ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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 Boca Banana Boat, Inc. , 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 execu�.e 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 That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict.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 28th day of February , 1989. r-� MAYOR - CO M SIONER ATTEST: ` CITY LERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS Frank C. Adler, CITY ATTORNEY J PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ( "Agreement" ) is made a into this day of nd entered 198 ' by and between the CITY OF DANIA, FLORIDA, a Florida municipal corporation, (hereinafter referred to as the "City" ) and Boca Banana Boat, Inc. , a Florida Corporation and its successors and/or assigns (hereinafter referred to as the "Owner" ) . RECITALS : WHEREAS, Owner holds fee simple title to the property as herein- after defined; 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 (the "Petition " ) , pursuant to Section 171 . 044 (2 ) , Fla. Stat. ; and WHEREAS , Owner and the City believe that it is in their mutual best interests to initiate the process required by law to ensure that the business located on subject- property can continue to operate between the hours of 7: 00 a .m. and 4 : 00 a .m. of the following day consistent with current County code regulations. WHEREAS, The City finds that the above hours of operation of the business located on the subject property to be in the best interests of the owner and the City of Dania and has no objection to the continued operation of the business as is now governed by Broward County code regulations . NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10. 00 ) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City agree as follows : I . Recitals . The foregoing recitals are true and correct 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 that certain parcel of real property situated in unincorporated Broward County, Florida, which is legally described and depicted on Exhibit "A" attached hereto and by this reference made a part hereof . 3. Annexation. Subsequent to the execution of this Agreement, Owner shall voluntarily petition the City to annex the Property into the City pursuant to the Petition, by completion and submission of the form annexed hereby as Exhibit "B" . The City, upon the filing of the Petition, shall immediately initiate the process to and shall accomplish annexation of the Property into the City in the manner provided by Section 171 . 044 ( 2 ) , Fla. Stat. , and all other applicable state and local laws and regulations . 4 City, 0wnerZoning. yma petition theSubsequent to City foreaation of th Property certification of zoningnusetlile t) order to preserve owner ' s rights as to hours of operation of the business located on subject property, consistent with current County code regulations ; namely, Broward from 7 : 00 a.m. to 4 : 00 a .m. of the following day, if such certification becomes necessary. J The City shall expeditiously process owner ' s petition and shall grant the hours of operation of the business located on subject property as set forth hereinabove . 5. Additional Conditions ; Covenants . A. 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 . The City acknowledges that Owner has delivered to the City and that the City has received and reviewed a copy of the Plans previous to the date hereof . B. Cooperation. The City agrees that it will cooperate with the Owner in preparing Owner ' s 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 , the City Manager, the City Attorney and such other members of the City staff as are deemed to be appropriate shall appear before the applicable governmental body to support 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, provided the building permit application ( s ) , and any accompanying plans and specifications , meet all of the Ci.ty ' s applicable building and zoning regulations . 7 . Miscellaneous . A. Entire Agreement . This Agreement sets forth all the promises , covenants , agreements , conditions and understandings between the Owner 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. Headings . 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 Agreement shall , to the extent permitted by law, be held 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 Owner and the City, and their successors , and/or assigns , in accordance with the terms hereof . IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the day and year first above written. J I 1 CITY: THE CITY OF DANIA, FLORIDA, a Florida municipal corporation. ATTEST: By: CHARLES K. McELYEA, as Mayor- CITY CLERK-AUDITOR Commissioner By : ROBERT FLATLEY, As City Manager Signed, Sealed and Delivered in the presence of : BOCA BANANA BOAT, INC. : (Corporate Seal ) By : President APPROVED FOR FORM AND CORRECTNESS By: FRANK C. ADLER, City Attorney STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments , personally appeared Charles K. McElyea, as Mayor-Commissioner, Robert F. Flatley, as City Manager and Wanda Mullikin, as Auditor-Clerk of the CITY OF DANIA, a Florida municipal corporation , to me personally known and known to me to be the persons 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 198 i _.n { Notary Public My commission expires : I i J I I