HomeMy WebLinkAboutR-1988-055 RESOLUTION NO. 55-88
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF DANIA AND DANIEL L.
HARDIN, TRUSTEE; 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CONFLICT HEREWITH BE REPEALED TO THE EXTENT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 Daniel L. Hardin,
Trustee, 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conflict herewith be repealed to the extent of such conflict .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 11th day of October 1.988.
� MAYOR-- cuMIbSIONER
ATTEST-
- -AUDITOR
APPROVED FOR FORM
/AND CORRECTNESS
BY�— ` LGf&(a
Frank C. Adler, CITY ATTORNEY
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PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement ( "Agreement" ) is made and
entered into this ! I day of October, 1988, by and between the
CITY OF DANIA, FLORIDA, a Florida municipal corporation
(hereinafter referred to as the "City" ) and DANIEL L. HARDIN,
Trustee, and his successors and/or assignees (hereinafter
referred to as the "Owner" ) .
RECITALS:
WHEREAS, Owner holds equitable title to the Property
(hereinafter defined) under and by virtue of that certain Sale
and Purchase :agreement ( "Contract" ) dated September 14 , 1988,
between Owner and Ronald D. Smith and Edith D. Smith, husband
and wife, who collectively 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 (the "Petition" ) ,
pursuant to §171 . 044 ( 2 ) , F1a .Stat . ; and
WHEREAS, Owner 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
WHEREAS, the City finds the Variance sought by the
Owner to be in the best interests of the residents of the City
and has no objection to the Variance described herein which is
sought by the Owner; and
WHEREAS, Owner shall close on and undertake to purchase
the Property pursuant to the Contract and contemporaneously
therewith file the Petition 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,
the receipt and sufficiency of which are hereby acknowledged,
Owner and the City agree as follows:
1 . 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 and the Owner's acquisition of fee simple title to the
Property, 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 hereto 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 §171 . 044 ( 2 ) , F1a.Stat . ,
and all other applicable state and local laws and regulations .
4 . Variance. Subsequent to annexation of the
Property into the City, Owner shall petition the City for a J
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variance ( "Variance" ) in order to permit the following use of
the Property, if a Variance is necessary to permit such use:
of an
Construction and maintenance on the Property
outdoor advertising display sign, PP
situated on the Property as depicted on Exhib C"
annexed hereto, which is structured in substantial
compliance with that certain Outdoor Display Plan
prepared by Barry Levin & Associates, Inc . ,
Strucrredtural
Engineers , dated September 26 , 1988 ,
and Drawing No. 5-38 ( "Plans" ) .
The City shall expeditiously process Owner' s petition and shall
grant the Variance.
5 . Additional Conditions ; Covenants .
A. Conditions . Within six ( 6 ) months from the
date of this Agreement, Owner, or Owner' s successors and/or
assignees , shall close on and undertake to purchase the Property
pursuant to the Contract. If Owner, or Owner's successors an
assignees , shall fail to timely close on and undertake to
purchase the Property within said six (6 ) month period, then, in
such event, 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. 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 .
C . 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 City's applicable building and
zoning regulations .
7 . Miscellaneous .
A. Entire Agreement. This Agreement sets forth
all the promises ,
covenants , agreements ,and su conditions and
all
understandings between the Owner and the City, P
prior and contemporaneous agreements, understandings, inducements
or conditions, express or implied, oral or written, except as
herein contained.
B . Sever_ ability • 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 .
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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 personal representatives, heirs, successors,
grantees and assignees, 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.
CITY•
THE CITY OF DANIA, FLORIDA, a
Florida municipal corporation
By:
ATTEST: Its ' mayor
L-
Its : City Clerk
APPROVED AS TO FORM:
jdJa
Its: City Attorney
Signed, Sealed and Delivered OWNER:
in the presence of:
DANI L. DI T ^STEE
Witness as to Owner
Witness as to Owner
STATE OF FLORIDA )
COUNTY OF BROWARD SS:
BEFORE ME, the undersigned officer duly authorized in the
State and County aforesaid to administer oaths and take
acknowledgments, personally appeared �,
Mayor, and ,,, ,, 1i �� „ as
i>�, _ j as _Do- ,I. f Y 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 Count;
aforesaid this fL day of October, 1988 .
r JNotary Public, State lorida
My Commission Expires :
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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, Trustee 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.
i
WITNESS my hand official seal in the State and County
aforesaid this 1L day of October, 1988 .
Notarl Public , State ot Florida
My Commission Expires :
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PETITION FOR ANNEXATION
To the City Commission of the City of Dania, Florida.
Sirs :
This petition of the undersigned property owner(s) respectfully
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 .
( 3) That attached hereto and made a part hereof is a
"Certificate of Ownership" prepared by a licensed
Attorney at Law in State of Florida.
( 4 ) That attached hereto and made a part hereof is a survey
of the hereinbelow described property prepared by an
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
The North 140 feet of Lot 3, Block
3 , of Tropic Farms, according to
the Plat thereof, as recorded in
Plat Book 24 , Page 30, of the
Public Records of Broward County,
Florida
Petitioner prays that said territory be annexed to said City of
Dania; and, accordingly has signed and presented this petition.
By:
L (Name) (Title)
-fw Vr
(Address)
(City) (State)
STATE OF FLORIDA
(Zip Code) (Phone Number)
)
SS:
COUNTY OF BROWARD )
BEFORE ME, personally appeared to me
well known and known to me to be the person(s) described in and
who executed the foregoing instrument, and who acknowledged to
and before me that such person(s) executed said instrument for
the purposes therein expressed.
1988 .
WITNESS my hand and official seal, this --
day of ,
Notary Public, State of Florida
My Commission Expires:
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