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RESOLUTION NO. 113-96
b A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN THE TRI-COUNTY
COMMUTER RAIL AUTHORITY AND THE CITY OF DANIA
FOR THE LEASE OF PROPERTY FOR PROPOSED TRI-
RAIL STATION RELOCATION SITE; AND PROVIDING
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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RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED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, f`
FLORIDA;
fir�nr Section 1. That that certain Agreement between the Tri-County Commuter Rail" t t tyy '
Authority and the City of Dania for the lease of property for proposed Tri-Rail Station
relocation site, a copy of which is attached hereto and made a part hereof as Exhibit
5 r g "A", be and the same is hereby approved and the appropriate city officials are hereby +,A
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directed to execute same.
Section 2. . That all resolutions or parts of resolutions in conflict herewith be and
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�w the same are hereby repealed to the extent of such conflict.
x} Section 3. . That this resolution shall be in force and take effect immediately
upon its passage and adoption. '
ADOPTED THIS 12 PASSED AND ADO D
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MBER, 19 6.
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S'OR-COMMISSIONER f
ATTEST:
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' CITY CLERK-AUDITOR
'AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
Ye( {r /
CITY ATTORNEY
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RESOLUTION NO. 113-96ON
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INTERLOCAL AGREEMENT BETWEEN
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THE TRI-COUNTY COMMUTER RAIL AUTHORITY r ,}
AND THE CITY OF DANIA
" FOR LEASE OF PROPERTY FOR
TRI-RAIL STATION RELOCATION SITE
r
This is an agreement between the Tri-County Commuter Rail Authority, an
Authority"),agency of the State of Florida, ("Tri-Rail Y
•r" Y"1, and the City of Dania, a
Florida municipality situated in Broward County, Florida
("city,,), to lease the
property as described below for the purpose of relocating the Fort Lauderdale-
Hollywood International Airport Tri-Rail Station ("Airport Station
5
WHEREAS,
Coonas Prop Company,
Property pang, a Florida corporation,P , proposes to
develop the Sportsman's Park (commonly known as the "Bass Pro Development"), y, z
'A consisting of the Bass Pro Shops Outdoor World ("Bass Pro Shops") l f� ;
P 1 and the
International Game Fishing Association Hall of Fame ("IGFA"), in the City of Dania
1
adjacent to 1-95 and Griffin Road; and, 6.
# 6
WHEREAS,
the current site plan for the Bass Pro Development, Prepared by
Post, Buckley, Schuh & Jernigan, Inc.,
�u }r
g � dated November 8, 1996, as may be revised
from time to time, depicts a new location for the Airport Station, which the Tri-Rail
Authority believes will better serve = �the Tri-Rail commuters copy(a of the s
i•, "`���r�'
ite plan
is annexed and made a
part of this Agreement as Exhibit A);
71�N
WHEREAS, the City,
by Resolution No. 04-96d ao( pted January 9, 1996),
approved a developer's
P agreement between the City and the Coonas Property
Y f 4.7
Trial Rail Agreement,it/8/98 ;
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f�. 2. The City agrees to lease to the Tri-Rail Authority the land designated in r r ,
S� the site plan for the Airport Station, which includes the Tri-Rail east sy4 r ;Y
and west parking areas, access to and from the station and the 'd
parking areas, and land adjacent to the parking areas, the station and s
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x. the access areas, excluding therefrom land lying within the South
` Florida Rail Corridor and the public road right-of-way, all as more
particularly described in Exhibit D, which is annexed and made a part
of this Agreement. The lease will commence upon the date of w.
acceptance of the improved sites by the Tri-Rail Authority and run for
a period of fifty (50) years. The specific consideration for the lease
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will be the relocation, operation and maintenance of he Airport Station
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`? to the property lying within the South Florida Rail Corridor right-of-wayi
and the construction, operation and maintenance of the east and west
parking areas and related facilities lying within the leased property b
P P Y Y the Tri-Rail Authority.
The parties contemplate, subject to a further ��'rt •,3'ra
agreement between them, that a portion of the leased premises may
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be used by Tri-Rail Authority for passenger-related commercial uses.
A memorandum of lease acceptable to both parties shall be executed s Y
t xrt e r
substantially in the form attached hereto as Exhibit E, and recorded in
the ��xI
public records.
3. Prior to the commencement of the lease the City shall, at its expense,
deliver to the Tri-Rail Authority certain buildable sites, described as the
Trial Bail Agreement,11/6/96
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east and west parking lots, and areas for access to and from the `i w
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a k i 1
g areas. The scope station and the parkin e
5� p of work undertaken by the
City includes: (a) filling and compacting the site principally located in
the South Florida Rail Corridor for a 400-linear foot station, including k '
Ft i
to t }t't l l 1.1
filling, compacting and sloping such portions of the site that is outside '
of the right-of-way, according to the Tri-Rail Authority's standard
building plans; (b) filling and compacting the parking lots, the design of
n
which is correlated to the design of a 4 9 00-linear foot station, and
access to the public roadway right-of-way with suitable material and in
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accordance with construction standards established for Broward
County surface parking facilities; (c) filling and compacting the areas ''
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' for access to and from the• station and the parking areas; (d) filling a �q,
,
portion of Tigertail Lake to provide a site for the west parking area; (a) �
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} shaping, sloping and contouring the parking lot surface areas, the
access to and from the station and the parking areas, and the station;
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(f) complying with all applicable federal, State and local government
land development regulations; and, (g) scheduling and coordinating the
work with the construction of the roadway improvements for the Bass
Pro Development and the Airport Station, which are identified in the
agreements in Exhibits B and C. The work described in subparagraphs
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(a)-(g) is collectively referred to as the "work". The scope of work
does not include: (a) compacting the fill for the public roadway, which
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Trial Rail Agreement, t i/B/88 4
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a
t M1�Lj 1 fi'}y;
is the responsibility of either Broward County or Coonas Property
} Company, under the agreements in Exhibits B and C; (b) finished r
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grading for the work, or providing drainage and -storm water retention
6
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structures for the Airport Station and related facilities (except the City =M1 < r
will provide a suitable drainage outfall at the west parking lot and
t< r
'Py grading for drainage and storm water retention in connection with the
alteration of Tigertail Lake); (c) paving and installation of curbs and
gutters, and lights; or, (d) extending water and sewer lines to, or tixk' :z
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installing utilities at, at the site; and (e) any other improvement not
" specifically undertaken by the City in this Agreement. The City shall ..
notify the Tri-Rail Authority of its construction schedule, provide the %Ytt ;q
t.. H➢
. Tri-Rail Authority with construction plans and give the Tri-Rail k j
Authority a reasonable opportunity to review and comment on means ,t
and methods of construction. The City and the Tri-Rail Authority will ,.
f' cooperate with each other in planning for, and coordinating, the
it44� tM�}f
x possible expansion of the Airport Station to 800 linear feet, the design "ha
and construction of the parking lot areas and related improvements f ti°H
�rF
based on an 800-linear foot Airport Station design, and the addition of
2 more rail lines within the existing South Florida Rail Corridor. The
F ,'
City shall not be obligated under this Agreement to incur costs in
connection with such possible alternative improvements. The City
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shall require its independent dredging contractor to coordinate dredge
Trial Rail Agreement,1118196
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S .w^ �,@`� �YP4.,:.k�'v .. e� V a mui t -�: .H..f•`-rr�.,+..
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operations with the Tri-Rail Authority and to avoid over-dredging r
Tigertail Lake in the area adjacent to the South Florida Rail Corridor
+�
right-of-wayin a manner that will destabilize the existing r >=wr ' "
+r ail lines or a
require back-fillip for
....9 any future work to construct to additional rail
lines.
r= 4• The leased area will be of sufficient size to accommodate not less than
4 �
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r n�t nT 350 vehicles at the west parking area and 100 vehicles at the east
parking area. This provision may be modified by the parties by formal
`3
acceptance of a final revised site plan depicting the number of parking w
�
spaces in the parking
i �t tfG44A P g areas without the necessity of amending this
Agreement. The Tri-Rail Authority shall have the exclusive right to
rp 1st aGt��A,i
use the east and west parking areas; provided, however, a reasonable f N'" N
number of parking spaces shall be made available to the Broward oxrr
County Community College ("BCCC") at the west t parking area,
pursuant to a separate lease agreement between the Tri-Rail Authority
'
and BCCC, for use in connection with the Tigertail Water Sorts
M,1r��r I
complex, and the City reserves the right to use a reasonable number of 41
*4
parking spaces at the west parking area for municipal purposes so long tit
�t
as at least 300 parking spaces are available for use by the Tri- h, �t4Y" y
Authority. Rail
5, The Tri-Rail Authority
shall, at its expense, construct station,
parking
and related improvements within the lease and the South Florida Rail ~ � c
Trial Rail Agreement, 1118/96 '
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7 'hS rj xh,i
k Corridor areas upon acceptance of the buildable sites by the Tri-Rail r
7 Authority. The Tri Rail Authority shall not unreasonably refuse to t ` ^y
accept the sites, and it shall be under a duty to. accept the sites upon j � ^ .
g4 rr "r�Ilfin«
a� a r , n
- the issuance
of a certificate of completion by the appropriate
k' governmental entity unless it demonstrates that the sites are not filled
� . Y
and compacted in accordance construction standards esta
ance w blished
'
for Broward County surface parking facilities. The design and cost of yt.
e
auz�`Su's+
i constructing the parking and station improvements shall be solely
within the discretion of the Tri-Rail Authority;
provided, however, that
it shall comply with all applicable laws.
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6. The Tri-Rail Authority's obligation to construct the station, parking andYx, F( a
2 r
k` related improvements is contingent upon the availability of
y1(gjCOMAQ/ISTEA (Congestion Mitigation Air Quality Funding as part of
the Intermodal Surface Transportation Efficiency Act) and FDOT funds. fR
In the event the City incurs costs under this Agreement prior to
(• i t Y
obtaining
written confirmation from the Tri-Rail Authority that the } �av
COMAQ/ISTEA and FDOT funds are committed and available, it does +� w z Al
so at its own risk and the Tri-Rail Authority shall not be obligated to � k
relocate the Airport Station to the site or to incur any costs in the
absence of such funding. The Tri-Rail Authority shall confirm in j
writing, upon receipt of a request from the City, the availability of {
11f� >,l lVL tr u. Z +-
COMAQ/ISTEA and FDOT funds in amount sufficient for the Tri-Rail
Authority to perform under this Agreement. The Tri-Rail Authority's ��
Trial Rail Agreement,11/8/96 d �
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�'1�".t7�C�i✓e" n '^�I'wt z*Yk�➢e r r }�` }T i 1:-r,a,.s t 'q'+� A 'S?er„ �j'.. •: '{I ��
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obligations under this Agreement 9 ment are also contingent u
' 9 upon the
4;a
commencement of construction of the certain roadway improvements
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in connection with the Bass Pro D � 4,
evelopment and the Airport Station,
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which are identified in the agreements in Exhibits B and
I C, the
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commencement of construction of the Bass Pro Development and the
hry
a .
issuance any necessary railway track-crossing approvals by the Florida> � i i 4'itr 41
Department of Transportation (FOOT) and Federal Transit
1 I�tt 1`�4 lY'
Administration (FTA), all of which must occur not later than June 1
1998.
7. The City agrees to issue all necessary development permits for the ryy�f
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construction of the station Parking areas and related improvements in
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del t �rnxpt r-r�
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• a timely manner and to waive all fees in connection herewith. x
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8. The City agrees to cooperate and to assist the ri-Rail Authority T Yin any
3t '�
'? way possible to develop the Airport Station facilities.
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9. Miscellaneous Provisions
v! •nT�9.1 Execution Date The date of execution of this Agreement shall
mean the last day
upon which it becomes fully executed b
y City and t,�
the Tri-Rail " rF
Authority.
9.2 Joint Preparation. The re p paration of this Agreement
has been o
y. a joint effort of,the a= �"
parties, and the resulting document shall not be
construed more severely against one of the parties than the other.
<SY�)744K {fir 9.3 Further Assurance. The City and the Tri-Rail Authority agree to
execute, acknowledge, deliver, and cause to be done, executed,
sty 1
Trial Rail Agreement,11/8/96
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9.11 . LConflict. Where there is a conflict between any provision of
this
wAgreement and a more • . • _ or - • • X
•
ep xM1n�r
is applicable to any services performed ' Agreement, ' q�ryb
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the
more stringent federal or State provision shall prevai
In the event
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there is a conflict between any provision of this Agreement and
subsequent
Agreement shall prevail over all other documents.
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Uncontrollable forces.
Neither City
nor the Tri-Rail Authority shall be considered to be in
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x default of this Agreement if delays in or failure of performance shall be
due to uncontrollable forces, the effect of which, by the exercise of
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reasonable diligence, the non-performing party could not avoid. The
term "uncontrollable forces" shall mean any event which results in the
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prevention or delay of performance by a party of its obligations under
this Agreement and which is beyond the reasonable control of the non
conformingy Rri a� 5;
party. It includes, but is not limited to fire, earthquakes,
t,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, andA„
G governmental actions. Neither party shall, however, be excused from
;. performance if nonperformance is due to forces which are preventable, '"t, 'N phi
removable, or remediable and which the non-performing I'jY y
g party could
have, with the exercise of+' reasonable diligence
, prevented, removed,
or remedied with reasonable dispatch. The non-performing
g party shall
within a reasonable time of being *rR
" i g prevented or delayed from
performance sI' by an uncontrollable force, give written notice to the '}
other party describing the circumstances and uncontrollable forces
preventing
continued performance
of the obligations of this
Agreement. +
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11 . All notices/correspondence shall be sent to: s`isN'4Et
City „b`„
of Dania
100 West Dania Beach Boulevard V.
r Dania, Florida 33004 ,
Attention: City Manager
a�
S 711
Tri-County Commuter Rail. Authority
305 S. Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33301
Attention: Jeff Jackson
A k�tt d
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TRI-COUNTY COMMUTER RAIL AUTHORITY'
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By: �
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Carol Roberts, Chair
ATTEST:
F, y��
S'r va°Ad
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Gilbert Robert, Executive Director
r�i['��,1, •k
Approved as to form by
GARY M. BRANDENBURG, General Counsel ' � 1
. '
Carlton, Fields, Ward, Emmanuel,
Kl
Smith & Cutler, P.A. �
Post Office Box 150
West Palm Beach, Florida 33402 '` z
Telephone: (561) 659-7070 > a
Telecopier. (561) 659-7368
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By: r•T , � ���.
GARY M. BRANDENBURG W,""j -10
General Counsel
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Trial Rail Agreement,11/8/86 13
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CITY OF DANIA, a Florida
pub ktw•.p+�46 PJ(Y
ata h ' ATTEST: Municipal • • •
.ri v :gin�rF WARIE JABALEE�
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CITYCLERK-AUDITOR MAYOR-C• •
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MICHAEL W. SMITH
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akY�i4 ufirCCITY MANAGER
P{ f1 Eli. APPROVED • • FORM
• • ND CORRECTNESS:
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4T"alvxyt dk Y,"i��'; . -COUNSEL GALLO—P, —SPECIAL
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a RESOLUTION NO. 04-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE DEVELOPERS AGREEMENT BETWEEN THE
N „ , CITY OF DANIA AND COONAS PROPERTY COMPANY FOR 3
THE CONSTRUCTION OF CERTAIN ROADWAY
;. IMPROVEMENTS IN CONNECTION WITH THE BASS PRO
DEVELOPMENT; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN
n REPEALED TO THE CONFLICT HEREWITH BE
TENT OF SUCH CONFLICT; AND
i PROVIDING FOR AN EFFECTIVE DATE.
`,Yx BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF `.DANIA FLORIDA;
Sect That the Developer's Agreement between the City of Dania
and Coonas Property Company for the construction of certain roadway
SA t 1
improvements in connection with the Bass Pro Development, a co
py of which is
attached hereto and made a part hereof as "Exhibit A", is hereby approved by
r F
�; 4 • the City Commission of the City of Dania, Florida a and the appropriate city a
a PP p
tin "1 officials are hereby directed to execute same.
�s. 5&QtLQnZ That all resolutions or parts of resolutions in conflict herewith i
r• lh p
be repealed to the extent of such conflict.
t1.tY Y, 3 i >i5.
y y.�T _ .off. That this resolution shall be in force and take effect
r� immediately upon its passage and adoption.
PASSED AND ADOPTED on this 9thJanuaryw Y
day of _ .e 1996
P
ATTEST:
n a"' w
� �Y ,1 r fV• `
d CITY CLERI -AUDITOR
W` r ' MAYO - OMMISSIONER
APPROVED FOR FORM'AND CORRECTNESS
Frank C. Adler, City Attorney '
itij r
f ' y
EXHIBIT
' i� � ' � 4,$SK''S:y's�•ukCv� v ik �a t.,: .:i ,,tr�"rf t J A`?ry��,.i��.-.
d♦Nfh jc�t4s'�+ �r �' S� a oK.Ai.'fl'�,-f�J''
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v
+ 1
4
�ieys Tug� 1
�lhpr tyxv 'P'1�
3-. t DE VEL OPER'S A GREEMENT
i 1
1f A• �7 ,' ,�i
THIS AGREEMENT dated
t4 of Dania a political subdivision�n� the State of Florida bC1 and between the City
P Y ;
Pro ert Company ("Coonas") a Florida corporation( y ) and Coonas
WHEREAS, Coonas owns a certain 45 plus acre parcel located in the City of
Dania adjacent to 1-95 and Griffin Road ("Exhibit Exhibit "A").
H ryt
7 WHEREAS The Coonas property is planned to be developed as a Bass Pro
Sportsman's Park with approximately
and 50,000 square feet of off Office attraction. (S e attached Project Site Plasquare feet an) area
WHEREAS, the City is in favor of such developments in the City of Dania and
desires to assist in the development of the project since it will result in long-term to the residents of the City, g term
WHEREAS, in consideration of the development of the Coonas Property as
a Bass Pro Outdoor World Project, the u
parties agree to the following:
1`1,
' "6' t• The Coonas Property will be developed as a Bass Pro Outdoor World
containing approximately 200,000 square feet of commercial/retail space an
• approximately 50,000 square feet of office/attraction space. (The conceptual
site plan attached as Exhibit B is the proposed site plan of the Project.)
' a
V, R G
2. The City acknowledges the projected uses of the Project
approved these uses at a City Commission hearing on October10, and
5has
+Y ti
The projected uses of the Bass Pro Project include the following:
" I• Retail store
2• Indoor/outdoor display for sale and repair of boats
d and/or recreational vehicles
i
3. Inside shooting
g gun range (including ammunition storage)4.
Outdoor fishing exhibition '
5• Indoor/outdoor restaurants r
• 6• Aquarium
_ 7. Fishing museum
B• Golf driving range
t d+r
3. The City recognizes that Bass Pro conducts "tent salesI, several times
throughout the year. These are extremely important events for Bass Pro. The City r ,
approves the concept of the erection of tents on the property on a temporary
case by case basis with the approval of the City Commi
understanding that the City ssion with the
may impose reasonable restrictions on said tents for
fi
a
,iJl 4 of H+* a
,,. .. . . ,. c .ur s.,.lm4Y °�'ht:,'. , .i _ ��+• � �r..{� _'_v, .A -. .. . .. u:
'J
,l F�erk a
t
xly
- A r
safety purposes and to minimize any adverse impact on other residents of the
City.
air
4. The construction of the buildings on site will meet the requirements of
the South Florida Building Code. The height of the buildings are not expected to
exceed 751.
FAA a Coonas acknowledges that the height of the buildings will require
approval. IT
5. The
Of the 1 parties acknowledge that an important ingredient of the success
°2 Pt project is visibility and signage. The City acknowledges this fa
agrees to approve any proposed signage for the project that reasonably
complies with the City's signage regulations. FDOT a y
signage abutting 1-95. approval is necessary for
a rr
n ,
6• The City a
approximately 3 acres for the Coonasproperty to nrelocation of the weand at area caontaiinrea fed within the
Tigertail Park on October 10, 1995. l,, rtrjG!
7• The City agrees to give Broward Community College proper notice to
relocate their present facilities in Tigertail Park.
B• The City agrees to, at no cost to Coonas, provide sufficient clean and
useable fill for the construction of the access road as described h r
previously agreed to, and for the proposed IGFA site and Tri Rail relocation site.
� herein, as
G December
6 commence the RFP for the fill operation no later than n y 1, ri
9. The City agrees to locate the access road from Ravenswood Road
into the Coonas PropertyS'
at between 750 - 7,000 feet from the centerline of
$^ Ravenswood Road at Griffin Road (access Road). The access road will be a
` dedicated city road extending from Ravenswood Road to west of the
' tracts as depicted in the site Ian � 4
` y railroad
Project as well as the Tri Rail relocated)facility.l The Citysw II provide as road will ll oft he F „f
necessary fill required for development of the access road. g A
he
10. The City will assist Coonas in anyway
'
y and the access road. Y Y Possible to develop the Project
Broward County has authorized the use of zone 5 roadway ,iFti
fees for construction of the Access Road and necessary improvemmpact
ents toff,
Ravenswood to accommodate the projected traffic associated with the Tri
station and the Project. The development and construction of these
Rail
r� improvements will either be accomplished by Broward County or Coonas, The J ;
City agrees to assist Coonas and/or the County with the Ravenswood Road right y 4
` Of
y, relocation of Broward Community College activities on Tigertail Lake,
providing fill material for the Access Road and Ravenswood Road as necessary,
assisting in acquiring the necessary right of way on Ravenswood Road to
z
J'�,+.Yk'�7} PJ'1'a .y-. ,� , v rd F i s..:'c{ + ( t -•x d ,� Y
"T.' _ ....
1 1'n•�.y.x wry ��""' ` - ._..._. - i r�. r>'.s;a .!&7}4�rv� ,.
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accommodate the improvements. Right of way acquisition costs shall be paid
by Broward Count•.� y as a cost of the road improvement project ` J
.r ,ntr
12. The City agrees to rename existing adjoining City streets and the `
adjoining park to a name designated by Coonas. s '
13. The City has waived all building "
permit fees and police and fire safety
" fees for.the construction of both the Bass Pro and IGFA structure on site on May
26, 1995. "
r 14. The City will allow Bass Pro to use the lake located at Tigertail Park for ry
' fishing demonstrations, exhibits, etc. Bass Pro agrees to discuss specifics and
scope of such demonstrations and exhibits, prior to implementation, with the
appropriate City officials.
CITY OF DANIA
rw p�,i
2' th 'iPl�I1�A+ifii
B
a£
� � a 1e alee ,City Clerk y i_ Y e , ayor
By CC,M a �4E ;n(rya
k CAP�PROVicc � tY Manager r
t ,
Witness Michelle Liauw T F RM AND CORRECTNESS :
e ranke"
1fY tl
A City Attorney ,"W N
COONAS PROPERTY CO AN �1
�.4
J +
�-� Witness rr*,
Witness T�
• '��, �iK7 Fy'ti
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a
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et
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RESOLUTION NO. 05-96
A RESOLUTION OF THE CITY OF DANIA,- FLORIDA,
APPROVING THE TRI-PARTY AGREEMENT BETWEEN
a BROWARD COUNTY, THE CITY OF DANIA AND COONAS /
PROPERTY COMPANY FOR THE CONSTRUCTION OF
CERTAIN ROADWAY IMPROVEMENTS IN CONNECTION WITH
THE BASS PRO DEVELOPMENT AND THE TRI-RAIL STATION
RELOCATION; 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. Ax f
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA;
That the Tri-Pa w
}, ec 'o rty Agreement between Broward County, the ' �
` City of Dania and Coonas Property Company for the construction of certain
roadway improvements in connection with the Bass Pro Development and the
5
Tri-Rail Station relocation, a copy of which is attached hereto and made a part
� f
hereof as "Exhibit A", is hereby approved by the City Commission of the City of
Dania, Florida, and the appropriate city officials are hereby directed to execute 5 {
rF $ F 'M
same.
%� Section That all resolutions or parts of resolutions in conflict herewith
be repealed to the extent of such conflict.
n �• �'� �Sec
t-2 3_, That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on this 9th day of January
1996.
ATTE
T:
y t ,
Y
CITY CLERK -AUDITOR
MAYOR OMMISSIONER
APPROVED FOR FORM AND CORRECTNESS
• E
Frank C. Adler, City Attorney
f ti ", htU
EXHIQIT
tl .
✓ ,C+Fd f J
�"`4.R#Y"4aC6 ,��t.")�` f`4 l to.. `. r•S'1r J ��yy
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WITNESSETH:
r' • WHEREAS, Developer, is the owner of that certain parcel of land, described as
,r Parcel "A"
of the NCL PLAT, Plat Book 150, Page 50 located on Griffin Road and T-95, and situated within
' t
Y the City of Dania, hereinafter referred to as the "Property", on which parcel of land Developer
t + * contemplates the construction of a mixed use development including commercial, retail,office and
. attraction uses; and
WHEREAS, Developer, County and City wish to enter into this Agreement for the purposes
of providing for the design,
funding and construction of certain roadway improvements on or near
the Pr
'
operty; and
�a A •'.
WHEREAS, County has approved the use of up to One Million Nine Hundred Thousand
s'IJaa Dollars ($1,900,000.00) ofBroward County road impact fees
for certain adwa
" °"" located within the Ravenswood Road Corrider between Griffin Road and Stirling Roadp ov ments
nd
a WHEREAS, Developer is required to pay the sum of$239,754.00 inIN
Ms Transit impact fees
1 `xti s 't to Broward County as a condition of approval of the amendment to the CL Platt by the County
y yt< > Commission on December 5, 1995; and
as t
ru d'�
WHEREAS, County and City require certain roadway improvements, as identified on Exhibit
"A" attached hereto and which will be hereinafter referred to as "Roadway Improvemets", to be
ifx r �,ry constructed to serve the Tri-Rail Sy
stem; and
WHEREAS
, the mutual benefit of the public, the County and the City will be served by the
r r construction of the Roadway Improvements; and
4. Vl
WHEREAS, the County has authorized the use of up to one million nine hundred thousand ` '
dollars, together with the sum of$239,754.00 in Mass Transit impact fees required to be paid by y Developer, for the costs of construction of the Roadway Improvements, which costs shall include the 4' Y
acquisition of right of way and design of the Roadway improvements; and
)rE� r, WHEREAS, the Developer agrees to be responsible for all constriction costs of the Roadway .
% t y r# I, Improvements exceeding $2,139,754.00.
T'''uuu N
NOW, THEREFORE in consideration of these premises and the mutual covenants contained
herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1 F,
RECITALS. The above recitals are true and correct, and are incorporated herein
t11 r
by this reference.
,y
2• PARTIES
' INTENT. It is the intent of the parties by this Agreement to provide for thef
acquisition of right-of-way for, and to provide for the design, construction, inspection, and ? k
testingr x,
of the Roadway Improvements as set forth on Exhibit "A" located in the City of
s
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e
+ ,�ai
,�r}FS.r+.} 'G t T ,. . .:: -r •c- y ,r1-1n 9, •¢�'" k`zt r
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; + ; p Dania, Broward County, Florida. It is Developer's intent to aid in the construction of t
he
rt� Roadway Improvements in order to facilitate the proposed development of the Property. It
R �n is the County's intent to provide for the funding of the construction costs of the Roadwayif
Improvements up to $2,139,754.00 from Broward County roadwa and
Y transit
srt impact fees.
ce The parties hereby agree that this Agreement shall be liberally construed in order to
accomplish this intent.
RUCTION F 3
CONSTRUCTION UND. The County shall create a construction fund account for
payment of costs associated with the construction of the Roadway Improvements.
the
County shall deposit into the construction fund account the sum of$2,139,754.00, herinafter
r +
The d,
referred to as "Fund Monies." The County shall make monthly disburseme nts from the
construction fund account in accordance with the draw requests submitted b D v
d
pursuant to the procedure as outlined in this agreement. Y e eloper
,N
4• PROJECT PHASES. The implementation of this Agreement, including the purchase of right-
of-way and the design, construction, inspection and testing of the Roadway Improvements,
is intended to occur in phases ("Phases"). The phases are intended to proceed, as follows:
y � t �
' (aa) "Phase 1": Acquistion of Right of Way and Desi
O gn of Roadway Improvements
Phase II": Fill operation for Anglers Road and Access Road
t 9=yr (c) Phase III": Contstruction of Anglers Road & Access Road v
u,
7 i
yf `y 5• DESIGN PLANS For each Phase, Developer shall, cause to be created design and s33
r • construction plans ("Design Plans") for the expansions or construction of each Phase in
wh�Jt accordance with all applicable standards and specifications of the appropriate governmental 1
agency having
g jurisdiction over such Design Plans. Design Plans shall be drawn by a
professional engineer, licensed by the State of Florida, and shall include, but not be limited
to, detailed plans and specifications (including plans for roadways, drainage, structures, t
H signals, street lighting, pavement marking and sl ,
Phase. All associated costs of the Design Plans shall bepaid frpom the Fund requiredrovements byeach t
6VIEW OF DESIGN PLANS, Design Plans shall tendered to the County and City for their
review and approval pursuant to the schedule attached hereto and made a part hereof as
' Y( ) y p y y
Exhibit B. Within thirty 30 calender days of their receipt, Count and City shall review,
or cause the review by any other applicable governmental entity, of the Design Plans for
•{r}* j
y with applicable standards. In the event either City or County request changes to
t Design
consistency Plans within such thirty(30) day period, then Developer shall commence such changes
within ten(10)calender days thereafter and shall resubmit Design Plans, as amended, to the
lx City and County for further review and approval of the Design Plans, which shall not be
unreasonably withheld or delayed.
7' RIGHT-OF-WAY ACQUISITION. Developer and the County shall begin the acquisition
,,. condemnation of the right-of- or
way necessary for the construction "
Improvements as follows: of the Roadway
3
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� • 4S I r S4i C �V' �� �. i f' .Jr � r -a':
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t+�,:�h 44�,` �`._• - . . . . ". . _ J ,.'� • r i_gj `ra�4.: y
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(a) Right-of-Way Location and Identification. Developer and County shall cause to be ^ ,t
f t prepared right-of-way maps and legal descriptions for that right-of-way ("Right-of
x Way") which is unavailable for right-of-way purposes but which is necessary for the "
M construction of the Roadway Improvements as contemplated by this Agreement.
Legal descriptions for the Right-of--Way and the right-of-way maps shall be prepared
in conformance with the established Broward County alignment for Anglers Road as
located by and identified in Exhibit "C." Legal descriptions for the Right-of-Way shall
be separated into individual parcels by ownership and shall be prepared pursuant
to
r^l�
FXtb € the schedule attached hereto and made a part hereof as Exhibit „ f.
y The
r 5T �t�r @y a5
Wa maps shall include, without limitation, a depiction of the current baseline of he
survey for the Roadway Improvements.
+ (b) Acquisition by Negotiation. Upon completing the preparation of the legal
t�s descriptions separated into individual parcels by ownership for all or part of the Right-
of--Way, Developer shall commence negotiations with appropriate property owners,
participants in the negotiations and after consultation with the County, shall have the
lessees, and occupants to purchase the Right-of-Way. Developer's representatives, as
ry
`t�✓ right, in their sole discretion, to terminate any further negotiations with a particular
„ Property owner, and to request the County's initiation of condemnation proceedings
for the acquisition of such property owner's Right-of--Way. When all parties holding
�
r,* r compensable interests in any parcel of the Right-of--Way have executed appropriate
instruments evidencing their conveyance of such parcel or of their interest in such
�
' ® parcel to the County, said instruments shall be recorded in the public land records of k
n Broward County by Developer, and the original, executed copies of all such
instruments shall be delivered to the County by the Developer upon return from
�fP$ recording.
(c) Acquisition by Condemnation. If acquisition by condemnation of an
portion
Right-of-Way is required, the County shall adopt appropriate resolutions of necessity
and shall initiate condemnation proceedings from such Right-of-Way on a "quick-
taking" basis within ninety(90)calender days of County's receipt of- (i) written notice
rt R ,r t s
from the Developer that negotiations with a property owner have been terminated and
requesting the County to commence condemnation of a
r an
k' ti ownership and encumbrances title report for the parcel, (iii)sapp appropriate namepeciflc parcel; )and
r
' address information for serving
the Process upon all persons and entities with interests in
parcel as disclosed by the title report, inquiries to the property owner,
a investigation by the Developer and its appraiser(s) and other representatives, and
itl t inspection of the parcel; and (iv) an appraisal report for the parcel prepared by a ,
a ' qualified real estate appraiser with recent experience in Florida condemnation
proceedings . The intent of the parties that the condemnation proceedings shall be :5
conducted as expeditiously as possible pursuant to the County's statutory authority.
All associated costs and allowable damages, if any, for any Right-of-Way to be acquired by
1i w,?,'
negotiation pursuant to the terms of any negotiated agreement for purchase or sale with those
4 Y .p7
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+r s
i p}^' 1+?, s xYn r+"'r +AWk•h r xi
-�+ 5 .�'�� �H , � >•' r W r p, . 1� �;h r � 4"' 9 v'6': t^v. �f��•Cy��{{
.. Sr1`
.. 4 _, rv✓u!dSi'�...� �.�� .. . . %'IZ M,.0�� �..hr»;>,+3,°aj}+N.._ ..H kfi. i ._.
i
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y
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� parties having com en p sable interests in such Right-of-Way or condemnation shall be paid
from the Fund Monies.
` 8. CONSTRUCTION OF PHASES. Concurrently with, or following the acquisition of the
s� �t Right-of-Way, activities pursuant to this Agreement shall include the design and construction
of all or part of the Roadway Improvements by Developer.
r I
� ylyl (a) Construction of Segments. Following the County's approval of all or part of the
wt ?rr; i necessary Design Plans pursuant to Paragraph 5, above, construction of all or part of
the Roadway Improvements Segment shall be accomplished by Developer. All costs
< ,' � '�, associated with the construction of the Roadway Improvements shall be paid from
Fund Monies. „A
�p; r
� E (c) The County hereby acknowledges the public benefit of Developer agreement
to construct the Roadway Improvements. In recognition of such public
a;1 benefit. County hereby agrees not to request or require that Developer's bond,
or otherwise secure, the construction of all or part of the Roadway
Improvements as a condition of Plat approval of all or part of the Property;
+t s provided, that Developer shall incorporate performance bond requirements
raM t into contracts for the construction of all or part of the Roadway
dry: ant Improvements.
® 9. AVAILABILITY OF ALTERNATIVE FUNDING. Nothing contained in this Agreement
including,3 without limitation Developer's assumption of the obligation to fund or construct
a } r a Phase, shall preclude Developer's or the Count 's pursuit or use of alternative sources of
funding, if any, to defray the costs of the Right-of-Way acquisition or the design and
construction of the Roadway Improvements. By way of example, and without limitation
either Developer or the County or both maeasey
ighway or roadway
funds from the State of Florida collected or available fortttherimprovement of he Roadwav
Improvements. Developer and the County shall cooperate in the identification of and petition
for the release or disbursement of an r `
� y such alternative sources of funding..w t, f
r� 10. DISBURSMENT PROCEDURE. Based on the draw requests submitted by the Developer,
, sue t
°�Ja he County shall make progress payments to the Developer as provided below. The period
i s 5t, r
� � �1+Fr h covered by each Draw Request shall be one calender month ending on the last day of then,,
month. Provided the County receives the Draw Request not later than the first day of the
month, the County shall make a p yment to the Developer not later than the fifteenth day of the
same month.In the event the Draw Request is not received by the County on the first day of
a , the month, the County shall make payment to the Developer not later than fifteen days after
its receipt of the Draw Request. With each Draw Request, Developer shall submit to County }µ
7= copies of lien releases from the Contractor, subcontractors andsuppliers, receipted invoices
or invoices with check vouchers attached and any other evidence required by County to pry(
document costs set forth on the Draw Request.
. > .
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I1.' COSTS TO SF RF IMBURSED
The cost of construction of the Roadway Improvements
contemplated to be paid from the Fund Monies include right-of way acquisrion costs,
' feesuding consultant fees appraisal fees, recording and transfer fees, engineering and architect
, permit fees, survey fees, utility relocation costs, bond costs, contractor fees, attorney
fees, material and supply costs associated with the construction• of the Roadway
Improvements. In the event the cost of construction of the Roadway Improvements exceeds
the Fund Monies, Developer shall pay all costs to complete co
Improvements. P nstrtrction of the Roadway
12. INDEMNIFICATION OF COUNTY Developer agrees that the road construction
contract(s) for the Roo Roadwa
Indemnify and save y Improvements shall provide that the Contractor(s): (a)
ess the County, the Board of County Commissioners ofBroward
s County, and the State of Florida, their agents and employees, from or on account of any
�. injuries or damages received or sustained by any person or persons, or property during or on
account of any operations connected with the acquisition of the Right-of-Way or the
�A'` ° construction of the Roadway flmprovements; or by or in consequence of any negligence in
kr connection with the same;or by use of any improper materials or by or on account of any act
or omission of any, subcontractor, agent, servant or employee of the Contractor.
Contractor shall defend, at their sole cost and expense, any legal action claim or proceeding
( y person
instituted by an aeainsc the County, the Board of County Commissioners of Broward
�" County, and the State of Florida, their agents and employees as a result of any claim, suit or
w fr Ptti
t'r t fY/s5J rd
ii,r} j1v 7+ cause of action accruing during or in any way arising out of the construction of the Roadway
,
>} Improvements, for injuries to body, life, limb orproperty
t ����`+� � • asset forth above. (c) Contractor
shall save the County, the Board of County Commissioners ofBroward County, and the State l
of Florida, their agents and employees harmless from and against all judgments orders
decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim
investigation of defense thereof; which may be entered, incurred or assessed as a result of the
j ,
fore
13. INS 'URANCE. Developer agrees that the road construction contract(s) for the Roadway t
Improvements shall require the Contractor(s) to provide the following insurance coverages:
(a) Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide and maintain in force the insurance coverages set forth in this section, at all times for
the services to be performed in furtherance of this Agreement, as will assure the County and
v F the Board of County Commissioners the protection contained in the foregoing
Indemnification Provision undertaken by the Contractor.
Liability within minimum limits of five hundred thousand dollars ($OO,OOo.00 Hera! `
,
per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
ell
if,r �t Coverage must be afforded on a-form no more restrictive than the latest edition of the
r ( uA Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
Premises and/or Operations.
OF County is to be included as an "Additions! Insured"with �',
t y a
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r
s
,
at
T.
k
- C Yk liG i �.¢•�
, • ( „phi
�' S .�� ili tixy, r, >~ +n v - .• r1��it Wtei��`Y",y J
FQ ''�.$yt l �T�•1•(�' 1 J P( L •1
day
rx R
y 1
+y .f /ryryllii�5� 2,
"• Yi ) �i
Will 1 x t4( t
r ; G 'rk . upon which it becomes fully executed by the parties hereto. This Agreement shall not be
r4y • effective until fully executed.
a �Vv,�C oy''�&�•.
21. NONASSIGNABLE. This Agreement shall not be assignable without the written consent of
'
z� w all the parties hereto, which consent will not be unreasonably withheld.
1 �*Fa 22. NOTICES. All notices, r demands or other communications shall be addressed to the
* requests,
' ;4- n�';kvst , parties as follows:
,
r
s wrt � t` As to County: Broward County
xa: la As to City: The City of Dania
%2
a
rvQ q} f'S� r v
nq nF
< As to Developer: Coonas Property Company
�x x
F. Ronald Mastriana, Esquire
Mastriana& Christiansen
2750 North Federal Highway
Fort Lauderdale, Florida 33306 1
Y�q I
��' r^ • unless the address has changed by the party by like notice given to the other parties. Notice AN
shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall
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y be deemed delivered when mailed or upon hand delivery to the address indicated. r F {a Notwithstanding the foregoing, notice, requests or demands or other communications referred
M / c to in this Agreement may be sent by telegraph, federal express or other method of delivery,
but shall be deemed to have been given only when received.
1, 23. EXCUSE OF PERFORMANCE. Notwithstanding anything in this Agreement to the
contrary, the Trustees' contractor(s) and/or County shall not be deemed in default with v
respect to failure to perform any of the terms, covenants and conditions of this Agreement
'ya `�ss'i if such failure to perform shall be due to any strike, civil commotion, war-like operation,
a °' invasion, rebellion, hostilities, military or usurped power, sabotage, inability to obtain any
14ta? material or service through Act of God or other cause beyond the control of Trustees and/or
az FtF `` Trustees' contractor(s) and/or County.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: Broward County through its BOARD OF County
COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board
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action on the day of December, 1995, and the City of Dania, signing by and through its
Mayor duly authorized to execute same, and Coonas Property Company, signed by and through its
" j e President,
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, 'DOUGH ITS
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s BOARD OF COUNTY COMMIISSIONERS
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County Administrator and Ex-Officio By,
Clerk of the Board of County Commissioners chairman
ofBroward County, Florida
day of 19
��- Approved as to form and legality by
Office of
County Attorney for
t = Broward County, Florida :k
� .. John Copelan, County Attorney
,1 /xe'7a fti� 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
kx; Telephone: (305) 357-7600
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Assistant County Attorney
DE ]ELOPER:
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CITY:
CITY OF DANIA
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These images were produced in the normal course of business by:
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1213 South 30 Avenue Hollywood,
ywood, FL. 33020
Brow: (305) 927-4404 Dade: (305) 625-0509
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