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w ' RESOLUTION NO. 33-95
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
: s TRAFFIC CONCURRENCY AGREEMENT AMONG
' � k BROWARD
COUNTY AND THE CITY OF DANIA AND ROSEBUD REAL
PROPERTIES, INC. FOR ROAD CONCURRENCY RELATING TO
THE NCL PLAT; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND
THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH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 the Traffic Concurrency Agreement among Broward County and
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the City of Dania and Rosebud Real Properties, Inc. for Road Concurrenc relating
tothe NCL Plat, a copy of which is attached hereto as Exhibit "A”, be and the same is
hereby approved and the appropriate cit officials are hereby authorized i
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`ir a( ro Y and directed to
execute same.
Section 2 That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.i4 1r) c
Section 3 That this resolution shall be in force and take effect immediately upon
" its passage and adoption.
t PASSED and ADOPTED on this 15 March
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> ,, day of _ 1994. '
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ATTEST: mayor- Co missioner
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� : `��; City Clerk - uditor ;APPROVED AS TO FORM & CORRECTNESS
' s� 5¢ Frank C. Adler, City Attorney
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TRAFFIC CONCURRENCY AGREEMENT
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BROWARD COUNTY AND
ms THE CITY OF DANIA AND
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ROSEBUD REAL PROPERTIES, INC.
FOR ROAD CONCURRENCY RELATING TO
THE NCL PLAT z '
This is an Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the State of Florida, its
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successors and assigns,hereinafter referred to as "COUNTY" through its Board
of County Commissioners;
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The CITY OF DANIA., a political subdivision of the State of Florida, y r
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hereinafter referred to as "CITY ,, RJ,
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ROSEBUD REAL PROPERTIES INC., a Delaware corporation, its
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successors, and assigns hereinafter referred to as "OWNER."
WHEREAS, Chapter 5, Article IX, Broward County Code of
Ordinances, requires that the regional transportation network be adequate to
serve the reasonably projected needs o proposed developments;
f ments• and P
t WHEREAS, Section 5-198(a)(4) of said Chapter 5 more specifically i
require that an application for a development permit satisfy concurrency
requirements for compact deferral areas; and
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EXHIBIT r
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WHEREAS, OWNER owns certain real property located near Griffin
a a' tq
j# r Road west of Interstate 95, which real property comprises Parcel .A of the NCL
Plat recorded in Official Records Book 150 at Page 50 of the Public Records
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K°r of Broward County, Florida (such real property, the "PROPERTY" and such
plat, the "PLAT'); and
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WHEREAS, the PLAT was approved by the Broward County
Commission on August 7, 1990; and
WHEREAS, the PLAT was recorded on February 11, 1992, with a
{ �Y restriction of 198,320 square feet of industrial use; and
WHEREAS, a request to amend the note restriction to permit 625,000 ;
"rI.Wsquare feet of industrial use was denied by the Broward County Commission
Y 4 # on January 17, 1995 due to failure to satisfy the traffic concurrency
M �' k requirements of the Land Development Code for Griffin Road from I-95 to
4. N.W. 4th Street (the "Griffin Road Link"); and
WHEREAS, OWNER, on January 24, 1995, notified the COUNTY of
sr$' the intent to prepare an action plan and has proposed an improvement to
•' mitigate the additional traffic impacts created by he additional uses of the
PROPERTY; and
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WHEREAS, the improvement is part of a larger project being performed
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h " ; ter by the State of Florida Department of Transportation ("FDOT'); and '
WHEREAS, the OWNER has agreed to enter into a Joint Participation
Agreement, the form of which is attached hereto as Exhibit "A" and made a
part hereof (the "JPA"), with FDOT on the basis that the COUNTY will h `
tiwkY consider the OWNER's participation in the JPA as mitigation for the y '
additional traffic impact of 84 trips per day on the Griffin Road Link resulting
from the request to amend the restrictive note on the face of the PLAT from
198,320 square feet to 625 L
" ,000 square feet; and
;t WHEREAS, the COUNTY agrees that the improvement, and O WNER's
participation with FDOT will mitigate the additional impacts; NOW
r� THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, h
�, covenants, and payments hereinafter set forth, COUNTY, CITY and OWNER
agree as follows: r `
r r 1• The above recitals are true and correct and are hereby incorporated
herein.
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q] 2• Construction of Improvement.
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(a) In connection with FDOT's performance of Sta
860703488, WPI No. 4140880 the
to Project
, pertaining to improvements to the
interchange of I-95 and Griffin Road in Broward County, Florida
(hereinafter referred to as "the PROJECT"), OWNER agrees to
furnish the FDOT a payment in the amount of Twenty-one
d Thousand Eight Hundred Seventy Six and 30/100ths Dollars
_ ($21,876.80), or such other amount as may be agreed upon by
FDOT and OWNER, in accordance with the terms of the JPA to
r { be used for the cost of the IMPROVE w
r'" IMPROVEMENT described in Exhibit
YEA "B" attached hereto, hereinafter referred to as "the t;
F IMPROVEMENT." The IMPROVEMENT constitutes a portion
of the PROJECT. OWNER acknowledges and agrees that the
r FDOT shall be responsible for the construction, letting and
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--administration of the PROJECT;-including the
g IMPROVEMENT.
(b) If OWNER later becomes responsible for the construction of the
wrf„ IMPROVEMENT, prior to any issuance of certificates of
occupancy in excess of 198.320 square feet of industrial use
OWNER shall provide to COUNTY a Letter of Credit or Surety
`r Bond in a form acceptable to the COUNTY in an amount that s '
represents 125% of the estimated cost of the IMPROVEMENT.
' (c) If OWNER later becomes responsible for the construction of the
' IMPROVEMENT: (i) the IMPROVEMENT shall be installed in
accordance with applicable COUNTY, FDOT standards and '
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specifications and in accordance with the Development Review
Report for the PLAT, (ii) the construction plans for the
' IMPROVEMENT, including pavement marking and signing lans
shall be submitted to COUNTY for review and approval prior to
commencement of construction, w construction shall be subject �L
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I o-n ,x y� ri r " to inspection and approval by the COUNTY, and (iv) pavement
marking and signing shall be provided for all of the
IMPROVEMENT and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering
Division, which IMPROVEMENT shall be consistent with the
previously approved plans.
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3. If OWNER later becomes responsible for the construction of the
s tly �y IMPROVEMENT, OWNER agrees that any contract(s) for the
ar IMPROVEMENT shall include the foil
owing:
(a) Indemnify and save harmless the COUNTY, the Board of County
Commissioners of Broward County, and the State of Florida, its
agents and employees, from or on account of any injuries or
damages received or sustained by any person or persons during or a °`
? '{ on account of any operations connected with the construction of
the IMPROVEMENT; or by or in consequence of any negligence rk?'
in connection with the same; or by use of any improper materials d
or by or on account of an act or omission of the said contractor,
subcontractor, agents, servants or employees.
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r (b) Workers' Compensation Insurance to apply for all employees in 1 �"
compliance with-the Workers-Compensation Law" of the State of
Florida and all applicable federal laws.
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(c) Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) per accident.
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(d) Comprehensive General Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence1 „ 14',
combined single limit for Bodily Injury Liability and Property ^ .i
+ Damage Liability. Coverage must be afforded on a form no more ? )
zt l restrictive than the latest edition of the Comprehensive General
Liability
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i Y�� �y , ty Poli cy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or Operations. it
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Independent Contractors.
,F Products and/or completed operations.
Underground Coverages.
COUNTY and the Broward County Board of County
1 19*? .„ra Commissioners are to be named as additional insureds with respect
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x Ax;tr, , to liability arising out of operations performed for COUNTY by or
on
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behalf of CONTRACTOR or negligent acts or omissions of
COUNTY in connection with general supervision of such
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operation. a• t,�'
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�y (e) Business Automobile Liability Insurance with minimum limits of
;•` Three Hundred Thousand Dollars ($300,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile n
,��,� , Liability Policy, without restrictive endorsements, as filed by the
k:
w> Insurance Services Office and must include owned vehicles and
hired and non-owned vehicles.
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'9 +1� Notice of Cancellation and/or Restriction: The policy(ies)•must be
endorsed to provide COUNTY with thirty (30) days notice of
xF , cancellation and/or restriction.
4. CONCURRENCY COMPLIANCE. COUNTY finds that by executing
and complying with the terms of this Agreement, OWNER has satisfied
the adequacy of the Regional Roadway Network requirement of
Section 5-198(a)(4) of the Broward County Land Development Code for u ,
the amendment to the note on the face of the PLAT permitting 625,000
square feet of industrial use as approved by the COUNTY.
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5• CITY agrees not to issue a certificate of occupancy for any development
within the Plat in excess of 198, 4; Y
320 square feet until the amendment to` lfi the note on the face of the PLAT is recorded in the Public Records of
Broward County and OWNER makes payment to the FDOT in
accordance with the terms of the JPA or, if OWNER becomes
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responsible for the construction of the IMPROVEMENT, until the
IMPROVEMENT is completed.
' 6. This Agreement shall be recorded in the Public Records of Broward
., yw County and shall be binding upon successors and assigns.
Aid° ? IN WITNESS WHEREOF, the parties hereto have made and executed
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this Agreement on the respective dates under each signature: BROWARD
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COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by
and through its Chair or Vice Chair, authorized to execute same by Board
9 *' action on the _day of , 19_, and
"AWN signing by and through their duly authorized representatives.
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x COUNTY
.' ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY 4"
k r; COMMISSIONERS
BY: a
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AIR, County Administrator and Chair loll b ` 4 Ex-Officio Clerk of the G
Board of County Commissioners _ day of — , 1995. m
of Broward County, Florida a
" y Approved as to form b
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nu Office of County Attorney
Broward County, Florida
^ JOHN J. COPELAN, JR.
g^ County Attorney iM
Governmental Center, Suite 423
115 South Andrews Avenue
} Fort Lauderdale, Florida 33301
Telephone: (305) 357-76M
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s Telecopier: (305) 357-7641
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r*Cr By: r lfr.
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51�Jts ai; ��> TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
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TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
COUNTY, THE CITY OF DANIA, AND ROSEBUD REAL PROPERTIES,
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YY . STATE OF FLORIDA )
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COUNTY OF )
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The foregoing instrument was acknowledged before me this day
of by who is personally known
to me or who has produced as identification.
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NOTARY PUBLIC r
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TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD
COUNTY, THE CITY OF DANIA, AND ROSEBUD REAL PROPERTIES, t
INC. ,.
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MORTGAGEE i
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a , y WITNESSES: CHEMICAL, BANK, a New York
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Print name: Print name:
Title:
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Print name:
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day of , 1995.
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(Corporate Seal) + Y k
STATE OF ) r rb
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The foregoing instrument was acknowledged before me this da key
of
as
1995, by y
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of Chemical Bank, a New York banking corporation, on behalf of the a , A
corporation. He or she is personally known to me or who has produced
as identification.
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NOTARY PUBLIC
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Type or print namer ��
My Commission Expires:
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EXHIBIT "A"
Form of Joint Participation Agreement
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kWPI NO.: F.A. NO.: SAMAS APPROP:
M : k. FUND CODE: SAMAS OBJECT:
e JOB NO.: CONTRACT NO.: ORG CODE:
a VENDOR NO.:
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�> r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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AND
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a u REAL PROPERTIES INC.
4 ROSEBUD ,
JOINT PARTICIPATION AGREEMENT
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THIS AGREEMENT, entered into this _ day of
�{j , q by and between the State of Florida Department of Transportation hereinafter "i {
called the DEPARTMENT, and Rosebud Real Properties, Inc., located at c/o
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Lone Star Industries, Inc,,-300 First Stamford Place, Stamford, CT 06902-0014
hereinafter called the DEVELOPER.
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F)Vf9 .yy++ W11NESSETH
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WHEREAS, the DEPARTMENT and the DEVELOPER are desirous of
making certain improvements in connection with State Project No.: y
860703488, WPI No.: 4140880 located in Broward County, Florida; and s ,
��'� •' ' WHEREAS, the DEVELOPER, is prepared to contribute $21,876.80r r �
" ,. toward certain improvements described as follows hereinafter referred to as
the PROJECT: the implementation of a railroad pre-emption system
connecting the traffic signals at I-95 with the CSX railroad tracks immediately
west of I-95 associated with improvements to the interchange of 1-95 and
I Griffin Road.
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Rosebud Page 2 of 4
A 4 �P WHEREAS, the completion of the PROJECT is in the interest of both the
DEPARTMENT and the DEVELOPER.
"
41
�F 'J4f''yl NOW THEREFORE in consideration of the mutual benefits to be
�w �tr derived from joint participation on the PROJECT, the parties agree on the
� ,� ; v following:
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; t 1. The DEPARTMENT shall be responsible for the construction,
'cOF a
�� .,< letting and administration of the PROJECT.
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It 't 2. Prior to recording the agreement to amend the note on the face ..
of the plat to permit up to 625,000 square feet of development on the
f� K' 5i tw property described in Exhibit "A", the DEVELOPER agrees that it will furnish
p the DEPARTMENT a payment in the amount of Twenty-one Thousand Eight 'f � -
i
Hundred Seventy Six and 80/100ths Dollars ($21,876.80) for its share of the
r4 `lg as PROJECT which shall be used for the costs of State Project No.: 86070-3488. 9;
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t tp'1 '�,��` - •--.-.—.3. _ The AGREEMENT or any interest herein shall not be assigned, � >
J <kz ' transferred, or otherwise encumbered by the DEVELOPER under any
circumstances without the prior written consent of the DEPARTMENT.
However, this AGREEMENT shall run to the Department and its successors. pc
4. In the event this AGREEMENT is in excess of Twenty-Five
Thousand Dollars ($25,000.00) or has a term of a period of more than one s w 4
year, the provisions of Chapter 339.175(7)(a), Florida Statutes are hereby
w incorporated. ?
a
rya, The Department, during any fiscal year, shall not
expend money, incur any liability, or enter into
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} contract which, by its terms, involves the expenditure
rallof money in excess of the amounts budgeted as "
` available for expenditure during such fiscal year. Any
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contract, verbal or written, made in violation of this
subsection shall be null and void, and no money may n n;
be paid on such contract. The Department shall
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Rosebud Page 3 of 4
r w. require a statement from the Comptroller of the
yr� rlet
, Department that funds are available prior to entering
, + }r into any such contract or other binding commitment
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>f; of funds. Nothing herein contained shall prevent the
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k ,, pt making of contracts for periods exceeding one year,
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, but any contract so made shall be executory to only for
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the k. of the services to be ,
t� �£�;�, , rendered or agreed to
g�W be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all
x; r contracts of the Department which are for an amount
A ' in excess of $25 000.00 and which have a term for a
aperiod of more than one year".
7 LN�y�arf�44A� .
t� 5. The DEVELOPER warrants that it has not employed or obtained
+T fir, $fir any company or person, other than bona fide employees of the DEVELOPER
s vi to solicit or secure this AGREEMENT and it has not paid or agreed to pay any
company, corporation, individual or firm, other than a bona fide employee of
h;'j •,yao IF1' the DEVELOPER. For breach or violation of this provision, the DEPARTMENT
shall have the right to terminate the AGREEMENT without liability. '-
6. This AGREEMENT is governed by and construed in accordance
with the laws of the State of Florida.
' 7. The document incorporates and includes all prior negotiations, "
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correspondence,conversations,agreements,or understanding applicable to the
matters contained herein and the parties agree that there are no "
commitments, agreements or understanding concerning the subject matter of A
t this AGREEMENT that are not contained in this document. Accordingly, it isk
CtKr ,i•
� r agreed that no deviation from the terms hereof shall be predicated upon any
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prior representation or agreements whether oral or written. It is further
ragreed that no modification amendment or alteration in the terms and y
txfl „ Yr,, conditions contained herein shall be effective unless contained in a written
document executed with the sale formality and of equal dignity herewith.
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n: IN WITNESS WHEREOF, this AGREEMENT is executed by the parties
u below for the purposes specified herein. The effective date of this
AGREEMENT shall be th- jate the last party of the AGREEMENT has signed.
<y� F DEVELOPER: ROSEBUD REAL
,x PROPERTIES, INC. STATE OF FLORIDA ,
TRUSTEE DEPARTMENT OF TRANSPORTATION
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BY: BY:{ r
DISTRICT SECRETARY
y�^ TITLE:
ATTEST. (Seal) r r
WITNESSES: EXECUTIVE SECRETARY
w DATE OF EXECUTION: t r
APPROVED: APPROVED:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
` BY:
BY:
' DISTRICT LEGAL COUNSEL
" Funds Approved
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x EXHIBIT
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'v?�,��m" Description of the IMPRO '''
VEMLNT
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, ile y The implementation of a railroad
pre-emption system connecting the
tyx 'na11 traffic signals at I-95 with the CSX railroad tracks immediately west of I-95
associated with improvements to the interchange of I-95 and Griffin Road.
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