HomeMy WebLinkAboutR-1996-005RESOLUTION NO, O5-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE TRI-PARry 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 TRI-RAIL STATION
RELOCATION; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENI OF SUCH CONFLICT; AND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 Tri-Party 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
Tri-Rail Station relocation, a copy of which is attached hereto and made a part
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
same.
Section 2. That all resolutions or parts of resolutions in conflict herewith
be repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on this 9th d3y of January . 1996.
A
rl,z/*lffiCITY CLERK - AUDITOR
dn*4 ( d/{.,,By:
Frank C. Adler, City Attorney
APPROVED FOR FORM AND CORRECTNESS
Draft
t2^u95
AGREEMENT
Among
BROWARD COUNTY
and
CITY OF DANIA
and
Relating to
THE USE OF BROWARD COI.]NTY ROADWAY IMPACT
FEES FOR HIGHWAY IMPROVEMENTS
This is an Agreement among:
BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as "COUNTY," through its Board of County Commissioners;
AND
CITY OF DANIA a municipal corporation organized and existing under the laws ofthe State of
Florida, its successors and assigns, hereinafter referred to as "CITY";
AND
cooNAs PROPERTY COMPANY, its successors and assigns, hereinafter referred to as
,DEVELOPER.'
t-
.tHlBlT '',
WITNESSETH
WHEREAS, Developer, is the owner of that certain parcel of land, described as Parcel "A"
of the NCL PLAT, Plat Book 150, Page 50 located on Griffin Road and I-95, and situated within
the City of Dania, hereinafter referred to as the "Property", on which parcel of land Developer
contemplates the construction of a mixed use development including commercial, retail, office and
attraction uses; and
WHEREAS, Developeq County and Ciry wish to enter into this Agreement for the purposes
of providing for the desigq funding and construction of certain roadway improvements on or near
the Property; and
WHEREAS, County has approved the use of up to One Million Nine Hundred Thousand
Dollars ($1,900,000.00) of Broward County road impact fees for certain roadway improvements
located within the Ravenswood Road Corrider between Griffin Road and Stirling Road; and
WHEREAS, Developer is required to pay the sum of $239,754.00 in Mass Transit impact fees
to Broward County as a condition of approval of the amendment to the NCL Plat by the County
Commission on December 5, 1995; and
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
constructed to serve the Tri-Rail System; and
WHEREAS, the mutual benefit of the public, the County and the City will be served by the
construction ofthe Roadway Improvements; and
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
Developer, for the costs of construction of the Roadway Improvements, which costs shall include the
acquisition ofright ofway and design ofthe Roadway improvements; and
WHEREAS, the Developer agrees to be responsible for all construction costs of the Roadway
Improvements exceeding $2, 139,754.00.
NOW, TIIEREFORE, in consideration of these premises and the mutual covenants contained
herein, the suffciency ofwhich are hereby acknowledged, the parties hereto agree as follows:
RECITALS- The above recitals are true and correct, and are incorporated herein
by this reference.
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2 PARTIES' INTENT. It is the intent of the parties by this Agreement to provide for the
acquisition of right-of-way for, and to provide for the design, construction, inspection, and
testing of the Roadway Improvements as set forth on Exhibit "A' located in the City of
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Dania, Broward County, Florida. It is Developer's intent to aid in the construction of the
Roadway Improvements in order to facilitate the proposed development of the Property. It
is the Ctuniy,s intent to provide for the funding of the construction costs of the Roadway
Improvementi up to $2,139,754.00 from Broward County roadway and transit impact fees.
ThL parties heieby agree that this Agreement shall be liberally construed in order to
accomplish this intent.
CoNSTRUCTION FUND. The county shall create a construction fund account for the
["y..nt 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
referrld to as i,Fund Monies." The County shall make monthly disbursements from the
construction fund account in accordance with the draw requests submifted by Developer
pursuant to the procedure as outlined in this agreement.
PROJECT PIIASES. The implementat'on of this Agre€ment, including the purchase of right-
oiway and the design, constructioq inspection and testing ofthe Roadway Improvements,
is intended to occuiin phases ("Phases"). The phases are intended to proceed, as follows:
(a) "Phase I ": Acquistion of Right of Way and Desigr ofRoadway Improvements
(b) "Phase II": Fill operation for Anglers Road and Access Road
(c) "Phase III": Contstruction ofAnglers Road & Access Road
DESIGN PLANS. For each Phase, Developer shall, cause to be created design and
*rrt-.,tt"" pl""i 1',Oesign plans") for the expansions or construction of each Phase in
accordance wiih all applicable standards and specifications ofthe appropriate governmental
agency having juriidiction over such Design Plans. Design Plans shall be drawn by a
piofessional "n-gin...,
licensed by the State ofFlorida, and shall include, but not be limited
to, detailed plans and specifications (including plans for roadways, drainage, structures,
signals, street'lighting pavement marking and sigrrage) for the improvements required by each
phase. All associated costs of the Design Plans shall be paid from the Fund Monies.
REVIEW OF DESIGN PLANS. Design Plans sh,all tendered to the county and city for their
r*ia* -d "pproval
pursuant to the schedule attached hereto and made a part hereof as
Exhibit ,,B.,,within thirty (30) calender days oftheir receipt, county and city shall review,
or cause the review by iny other applicable governmental entity, of the Design Plans for
consistenry with applicable standards. In the event either City or County request changes to
Desigrr 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
city and county for further review and approval ofthe Design Plans, which shall not be
unreasonably withheld or delayed.
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7. RIGHT.OF-WAYACO SITION. Developer and the County shall begin the acquisition or
condemnation of the right-of- way necessary for the construction of the Ro
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Improvements as follows:
adway
(a)Right-of-Way Location and Identification. Developer and Counry sha[[ cause to be
prepared right-of-way maps and legal descriptions for that right-of-way ("Right-of
Way") which is unavailable for right-of-way purposes but which is necessary for the
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
tocated 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
the schedule attached hereto and made a part hereof as Exhibit "D." The Right-of-
Way maps shall include, without limitatior\ a depiction of the cunent baseline of the
survey for the Roadway Improvements.
(b) Acquisition by Negotiation. Upon completing the preparation of the legal
descriptions separated into individual parcels by ownership for all or part ofthe Right-
of-Way, Developer shall commence negotiations with appropriate property ov/ners,
lessees, and occupants to purchase the Right-of-Way. Developels representatives, as
participants in the negotiations and after consultation with the County, shall have the
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
compensable interests in any parcel of the Right-of-Way have executed appropriate
instruments evidencing their conveyance of such parcel or oftheir interest in such
parcel to the County, said instruments shall be recorded in the public land records of
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
recording.
(c)Acquisition by Condemnation. If acquisition by condemnation ofany portion ofthe
fught-of-Way is required, the County shall adopt appropriate resolutions of necessiry
and shall initiate condemnation proceedings from such Right-of-Way on a "quick
taking" basis within ninety (90) calender days ofCounty's receipt of: (i) written notice
from the Developer that negotiations rvith a property owner have been terminated and
requesting the County to commence condemnation of a specific parcel; (ii) an
ownership and encumbrances title report for the parcel; (iii) appropriate name and
address information for serving process upon all persons and entities with interests in
the parcel as disclosed by the title repo(, inquiries to the property owner,
investigation by the Developer and its appraiser(s) and other representatives, and
inspection of the parcel; and (iv) an appraisal report for the parcel prepared by a
qualified real estate appraiser with recent experience in Florida condemnation
proceedings . The intent of the parties that the condemnation proceedings shall be
conducted as expeditiously as possible pursuant to the County's statutory authority.
AII associated costs and allowable damages, if any, for any Right-of-Way to be acquired by
negotiation pursuant to the terms ofany negotiated agreement lor purchase or sale with those
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parties having compensable interests in such Right-of-Way or condemnation shall be paid
from the Fund Monies.
8 CONSTRUCTI N OF PHASES Concurrently with, or following the acquisition of the
Right-of-Way , activities pursuant to this Agreement shall include the design and construction
of all or part ofthe Roadway Improvements by Developer.
(a) Construction of Segments. Following the County's approval of all or part of the
necessary Desigrr Plans pursuant to Paragraph 5, above, construction of all or part of
the Roadway Improvements Segnent shall be accomplished by Developer. All costs
associated with the construction of the Roadway Improvements shall be paid from
Fund Monies.
(c)The County hereby acknowledges the public benefit of Developer agreement
to construct the Roadway Improvements. In recognition of such public
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 a[[ or part ofthe Property;
provided, that Developer shall incorporate performance bond requirements
into contracts for the construction of all or part of the Roadway
Improvements.
9. AVAILABILITY OF ALTERNATIVE FI]NDING Nothing contained in this Agreement
including, without limitatioq Developer's assumption of the obligation to fund or construct
a Phase, shall preclude Developer's or the County'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 may petition for the release olhighway or roadway
funds from the State of Florida collected or available for the improvement of the Roadway
Improvements. Developer and the County shall cooperate in the identification of and petition
for the release or disbursement of any such alternative sources of funding.
10 DISBURSMENT PROCEDURE. Based on the draw requests submitted by the Developer,
the County shall make progress payments to the Developer as provided below. The period
covered by each Draw Request shall be one calender month ending on the last day ofthe
month. Provided the County receives the Draw Request not later than the first day ofthe
montt! the County shall make payment to the Developer not later than the fifteenth day ofthe
same month.ln the event the Draw Request is not received by the County on the first day of
the montlL 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
copies oflien releases from the Contractor, subcontractors and suppliers, receipted invoices
or invoices with check vouchers attached and any other evidence required by County to
document costs set forth on the Draw Request.
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12. INDEMNIFICATION oF COLINTY. Developer agrees that the road constnrcrion
contraa(s) for the Roadway Improvements shali provide tbat the Conrractor(s): (a)
Indemnify and save harnless the couaty, thc Board of county commissioners ofBroward
Counry, and the State of Florida, their agents and employees, iom or on accoum of any
injuries or damages received or ststained by any person or personE or property during or on
account of any operations connected with the acquisition of the Nght-of-Way or the
construstion of the Roadway Emprovements; or by or in consequence ofany negligence in
connection with the same; or by use ofany improper materials or by or on account of any act
or omission of any, subcontractor, agent, servant or employee of the Conrador. (b)
contractor shall defen4 a thet sole cost and expense, any legal actioq claim or proceeding
insituted by any person against the county, the Board of counry commissioners of Broward
County, and the State ofFlorida, their agents and employees as a resrit ofany clairq suit or
cause ofaction accnring d:ring or in any way arising out ofthe construction ofthe Roadway
Improvements, for injuries to body, tife, limb or property as set forth above. (c) Contractor
shall save the county, the Board of counry commissioners ofBroward county, and the State
of Florid4 their agents and employees harmless from and against aI judgrnents, orders,
decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim
investigation ofdefense thereo{ which may be entered, incurred or assessed as a result of the
foregoing.
13.INST RANCE. Developa agrees that the road construcrion contract(s) for the Roadway
Improvements shall requte the Contractor(s) to provide the following inzurance coverages:
(a) without limiting any ofthe other obligations or liabilities of contraaor, contrador shall
provide and mainuin in forcc the ins:rance covenges set fonh in this section, at all times for
the services to be performed in furtherance of this Agreement, as will assure the Couty aad
$e Board of County Commissioners the protection contained in the foregoing
Indemnification Provision undenaken by the contractor. (b) comprehensive General
Liability within minimum limits of 6ve hundred thousand dollars (5500,000.00) per
ocqrrence combined single limit for Bodily Injuy Liabiiity and Properry Damage Uabiliry.
coverage must be aft'orded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restricrive endorsements, as filed by the
Insuraace Services Office and must include:
COSTS TO BE REIMBURSED. The cost of consrruction of the Roadway Improvemefts
contemplated to be paid from the Fund Monies include right-of way acquistion costs,
incluciing consuhant fees, appraisal feeq recording and transfer fees, engineering and architea
fees, permit fees, survey feeq utiliry relocation costs, bond cosrs, contmdor fees, attorney
fees, material and zupply costs associated with the construction of the Roadway
Improvements ln the arcrt the cost of construstion of the Roadway lrrprovements exceeds
the Fund Monies, Dweloper shail pay all costs to complete coutrustion of the Roadway '
Improvements.
Prenrises and/or Operations.
County is to be included as an'Additionai Insured"with
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(ii)
74.
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respect to tiability arising out of operations perlormed for
County by or on behalf of Contractor or acts or omissions of
County in connection with general supervision of such
operation.(iii) Notice of Cancellation and/or Restriction--The policy(ies)
must be endorsed to provide Broward County with thirty (30)
days notice of cancellation and/or restriction.
(c) Developer shall provide to County a certified copy of all insurance policies required by
this Article showing that County has been named as an additional insured under such policies
or in the alternative a certificate evidencing that the required additional endorsement has been
obtained under such policies at the time of execution ofthis Agreement by Developer.
FIJRTI{ER ASSURANCES. Each ofthe parties agrees to do, execute, acknowledge and
deliver, or cause to be dong execute( acknowledged and delivered, all such further acts. and
assurances as shail be reasonably requested by the other party in order to carry out the intent
of this Agreement and give effect thereto. Without in any manner limiting the specific rights
and obligations set forth in this Agreement, the parties hereby declare their intention to
cooperate with each other in the eflecting olthe terms of this Agreement.
PERSONS BOt ND. This Agreement is intended to be and shall be construed as binding
upon, inuring to the benefit ofand enforceable by only the parties hereto.
16 WAIVERS/AMENDMENT. No delay or omission by any of the parties hereto to erercise
any right or power. accruing upon a noncompliance or failure of performance by an;-- of the
parties hereto shall impair any such right or power, or be construed to be a waiver thereof
No waiver of any provision of this Agreement shall be effective unless it is in writing. signed
by the party against whom it is asserted. Any such written waiver shall only be applicable to
the specific instance to which it relates and shall not be deemed or construed to be a
continuing or future waiver. No claimed modification of this Agreement shall be binding
upon any ofthe parties unless in writing duly executed by the party sought to be charged
therewith. This Agreement incorporates and merges all agreements, understandings,
covenants, representations, and warranties as between the parties.
l7 APPLICABLE LAW. This Agreement shall be govemed by, construes under, and enforced
in accordance with the laws ofthe State ofFlorida.
18. VENlrE. Venue with respect to any litigation shall be Broward County, Florida
19 CAPTIONS OR PARAGRAPH FIEADINGS. Captions and paragraph headings contained
in this Agreement are for convenience and reference only, and in no way define, describe,
extend, or limit the scope ol intent ofthis Agreement, nor the intent ofany provision hereof.
20. EFFECTIVE DATE. The efective date ("Effective Date") ofthis Agreement shall be the day
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21.
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upon which it becomes fully executed by the parties hereto. This Agreement shall not be
effective until fully executed.
NONASSIGNABLE. This Agreement shall not be assignable without the written consent of
all the parties hereto, which consent will not be unreasonably withheld.
NOTICES. All noticeg requests, demands or other communications shall be addressed to the
parties as follows:
As to County: Broward CountY
As to City:The City of Dania
As to Developer: Coonas Property Company
F. Ronald Mastriana, Esquire
Mastriana & Christiansen
2750 North Federal HighwaY
Fort Lauderdale, Florida 33306
unless the addres has changed by the party by like notice given to the other parties. Notice
shall be in writing, mailed certified mail, retum receipt requested, postage prepaid and shall
be deemed delivered when mailed or upon hand delivery to the address indicated.
Notwithstanding the foregoing notice, requests or demands or other communications referred
to in this Agreement may be sent by telegraptr, federal express or other method of delivery
but shall be deemed to have been given only when received.
23. EXCUSE OF PERIORMANCE. Notwithstanding anyhing in this Agreement to the
contrary, the Trustees' contractor(s) and/or County shall not be deemed in default with
respect to failure to perform any ofthe terms, covenants and conditions of this Agreement
if such failure to perform shall be due to any strike, civil commotiorL warJike operatiorl
invasior\ rebellio4 hostilities, military or usurped power, sabotage, inability to obtain any
material or service tluough Act ofGod or other cause beyond the control of Trustees and/or
Trustees' contractor(s) and/or County.
IN WTINESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: Broward County through its BOARD OF County
CO'lvfivflSSIONERS, signing by and through its Chairmaq 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 tkough its
Mayor duly authorized to execute same, and Coonas Property Company, signed by and through its
President, duly authorized to execute s:rme.
COUNTY
ATTEST:BROWARD COUNTY, THROUGH ITS
BOARD OF COUNTY COMMISSIONERS
By:
County Administrator and Ex-Officio
Clerk of the Board of County Commissioners
of Broward County, Florida day of
chairman
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Approved as to form and legality by
Office of County Attomey for
Broward County, Florida
John Copelaq County Attomey
I 15 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
Assistant County Attomey
COONAS PROPERTY COMPAI.{Y
By
Name:
Title:
CITY:
CITY OF DANIA
By,
Mayo
DEVELOPER:
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