HomeMy WebLinkAboutR-1998-013 RESOLUTION NO. 13-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
REVISED TRI-PARTY AGREEMENT AMONG THE CITY OF DANIA,
BROWARD COUNTY AND SPORTSMAN PARK DEVELOPMENT COMPANY
REGARDING THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES
FOR ROAD IMPROVEMENTS AND GRANT OF DRAINAGE EASEMENT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AMENDED TRI-PARTY AGREEMENT AS ATTACHED HERETO, MARKED
EXHIBIT "A" AND MADE A PART HEREOF; 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BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING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.
WHEREAS, the Dania city commission, on June 24, 1997, approved
by Resolution No. 89-97, a tri-party agreement between the City of
Dania, Broward County and Sportsman Park Development Company
relating to the use of Broward County roadway impact fees for road
improvements and grant of drainage easement; and
WHEREAS, the tri-party agreement approved by the city
commission on June 24, 1997, has been revised with respect to the
construction of paved shoulders on Anglers Avenue, a reduction of
the width of the drainage easement and an expanded drainage area;
and
WHEREAS, the revised tri-party agreement is in the City of
Dania' s best interest for the construction of the Bass Pro
development .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the tri-party agreement among the City of
Dania, Broward County and Sportsman Park Development Company
regarding the use of Broward County roadway impact fees for road
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improvements and grant the drainage easement which agreement is
attached to this Resolution, made a part hereof and marked Exhibit
"A", be and the same is hereby approved.
Section 2 . That the revised agreement in its approved form
shall be executed by appropriate city officials and delivered to
Broward County at the earliest practical date .
Section 3 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 9 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS LOTH DAY OF FEBRUARY, 1998 .
_ M OR-COMMIS IONER
ATTEST:
CLERK-AU TOR
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APPROVE S TO F M AND CORRECTNESS :
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CITY AT ORNEY
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AGREEMENT
Among
BROWARD COUNTY
and
CITY OF DANIA
and
SPORTSMAN PARK DEVELOPMENT COMPANY
Relating to
THE USE OF BROWARD COUNTY ROADWAY IMPACT
FEES FOR ROAD IMPROVEMENTS,
AND GRANT OF DRAINAGE EASEMENT
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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
The CITY OF DANIA, a municipal corporation organized and existing under the laws of the
State of Florida, its successors and assigns, hereinafter referred to as "CITY";
AND
SPORTSMAN PARK DEVELOPMENT COMPANY, its successors and assigns, hereinafter
referred to as "DEVELOPER."
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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, hereinafter referred to as the "Property", on which parcel of land
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Developer contemplates the construction of a Bass Pro Shops regional headquarters which
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°EXHIBIT
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is a mixed use development including commercial,.retail, office and attraction uses,
hereinafter referred to as the "Bass Pro Development'; 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
Improvements", to be constructed to serve the Tri-Rail System and the Bass Pro
Development; and
WHEREAS, Developer, County and City wish to enter into this Agreement for the purposes
of providing for the design, funding and construction of the 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 Corridor between Griffin Road and
Stirling Road; and
WHEREAS, Developer is required to pay the sum of Two Hundred Thirty Nine Thousand
Seven Hundred Fifty Four Dollars ($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, the mutual benefit of the public, the County and the City will be served by the
construction of the Roadway Improvements; and
WHEREAS, the County has authorized the use of up to One Million Nine Hundred
Thousand Dollars (1,900,000.00), together with the sum of Two Hundred Thirty Nine .
Thousand Seven Hundred Fifty Four Dollars ($239,754.00) in Mass Transit impact fees
required to be paid by Developer, for a total amount of Two Million One Hundred Thirty
Nine Thousand ($2,139,754.00) for the costs of construction of the Roadway
i Improvements, which costs shall include the acquisition of right of way and design of the
Roadway improvements; and
WHEREAS, the total cost of the Roadway Improvements, as more particularly described
in Section 6, below, is estimated to be Two Million Three Hundred Sixty Four Thousand
Six Hundred Twenty Two and 39/100 Dollars ($2,364,622.39).
WHEREAS, County, City and Developer agree that County's total costs and financial
obligations under the terms of this Agreement shall not exceed $2,139,754.00; and
WHEREAS, the Developer agrees to be responsible for all costs of the Roadway
Improvements exceeding $2,139,754.00; and
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-�WHEREAS,to facilitate the construction of certain Drainage Improvements in conjunction
with the construction of the Roadway Improvements, Developer agrees to grant County a
Drainage Easement as described in Exhibit"C"; and
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WHEREAS, County, City and Developer, agree to enter into an agreement to provide for
the construction of the Drainage Improvements as described in Exhibit "D", within the
j Drainage Easement; and
WHEREAS, the City agrees to grant County the right to utilize the City's Tigertail Lake to
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provide proper drainage for the areas described in Exhibit"E";
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. RECITALS. The above recitals are true and correct, and are incorporated herein by
this reference.
2. PARTIES' INTENT. It is the intent of the parties by this Agreement to provide for the
ide for the design, construction, inspection,
acquisition of right-of-way for, and to prov
and testing of the Roadway Improvements as set forth on Exhibit"A" located in the
City of Dania, Broward County, Florida. It is Developers intent to aid in the
construction of the Roadway Improvements in order to facilitate the transfer of the Tri
Rail station to the Property, and to facilitate the proposed Bass Pro Development on
the Property. It is the County's intent to provide for the funding of the construction
costs of the Roadway Improvements up to $2,139,754.00 from Broward County
roadway and transit impact fees. It is the intent of the parties that the Roadway
Improvements be completed by December 1, 1998 so that the Bass Pro
Development can open on or before December 1, 1998. The parties hereby agree
that this Agreement shall be liberally construed in order to accomplish this intent.
3. WAIVER OF BROWAP" COUNT PROCUREMENT CQQE The Board of County
Commissioners finds that there is good and sufficient cause to waive the Broward
County Procurement Code as allowed by Section 21.6(c) due to the unique nature
of this tri-party undertaking with the Coonas Company and the City of Dania, and to
the time constraints currently imposed on completing this project, that would be
impacted by the extensive procedures normally required by the Purchasing Code.
The Board of County Commissioners further finds that it is in the best interest of the
County to award the construction work for this job to an appropriately licensed public
contractor according to the applicable provisions of the Broward County Procurement
Code,which were adopted prior to July 1, 1994.
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- , The Board of County Commissioners, at a duly noticed public hearing conducted in
accordance with §255.20, F.S. (1995), has determined and found that the time
involved to competitively award this project would materially increase the cost of this
project and create an undue burden on the public health, safety and general welfare
by delaying these vital and much needed improvements;
The Board of County Commissioners has further determined that the instant contract,
the applicable construction contracts, drawings and documents proposed to be
entered into by the parties are in the best interest of the County and its public, comply
with applicable laws, and allow an expedited project completion time.
4. TERM. The term of this Agreement shall be for a period of three (3) years
commencing on the Effective Date as defined in Section 26 below, unless terminated
earlier as provided in this Agreement.
5. CONSTRUCTION FUND. The County shall create a construction fund account for
the payment of costs associated with the construction of the Roadway Improvements
consisting of$1,900,000.00 of Broward County Road Impact Fees and $239,754.00
in Mass Transit Impact Fees from the Developer for a total construction fund account
of $2,139,754.00. The Developer shall pay to County the sum of $239,754.00 in
Mass Transit impact fees prior to obtaining a building permit for the Roadway
Improvements. The consfniction fund account in the total sum of$2,139,754.00, is
hereinafter referred to as "Fund Monies.` The County shall make monthly
disbursements from the Fund Monies in accordance with the draw requests
submitted by Developer pursuant to the procedure as outlined in this Agreement.
The Developer shall not be entitled to a refund of any of the Mass Transit Impact
Fees once construction of the Roadway Improvements has begun.
6. COSTS TO BE REIMBURSED The cost of construction of the Roadway
Improvements contemplated to be paid from the Fund Monies include design costs,
right-of-way acquisition costs, including consultant fees, appraisal fees, recording
and transfer fees, engineering and architect fees, permit fees, survey fees, utility
relocation costs, costs of CSX railroad crossing, bond costs, contractor fees,
attorney fees directly related to the construction of the Roadway Improvements, and
material and supply costs associated with the construction of the Roadway
Improvements. In the event the cost of the Roadway Improvements exceeds the
Fund Monies, Developer shall pay all costs to complete the Roadway
Improvements.
7. DESIGN PLANS. Developer shall cause to be created design and construction
plans ("Design Plans") for the expansion or construction of the Roadway
Improvements in accordance with all applicable standards and specifications of the
j appropriate govemmental agency having jurisdiction over such Design Plans.
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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, signals, street lighting,
pavement marking and signage)for the improvements required by each Phase. All
associated costs of the Design Plans shall be paid from the Fund Monies.
8. REVIEW OF DESIGN PLANS. Design Plans shall be tendered to the County and
City for their review and approval. Within thirty (30) calender days of their receipt,
County and City shall review, or cause the review by any other applicable
governmental entity, of the Design Plans for consistency with applicable standards.
In the event either City or County request changes to Design Plans within such thirty
i (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 of the Design Plans, which shall not be
unreasonably withheld or delayed.
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9. RIGHT-OF-WAY ACQUISITION. Developer and the County shall begin the
acquisition or condemnation of the right-of--way necessary for the construction of the
Roadway Improvements as follows:
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(a) Right-of-Way Location and Identification. Developer shall 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 established
Broward County standards for Anglers Avenue as located by and identified
in Exhibit "B." Legal descriptions for the Right-of-Way shall be separated
into individual parcels by ownership. The Right-of-Way maps shall include,
without limitation, a depiction of the current baseline of the surrey for the
Roadway Improvements and shall be reviewed and approved by County in
accordance with the schedule and procedures outlined in paragraph 8
herein. Developer shall obtain County's reasonable consent, which consent
shall be given within 5 business days of being presented, for all offers to
purchase any Right-of--Way parcels prior to submitting that offer to the owner
of the Right-of-Way parcel.
(b) Acquisition by Negotiation. Upon completing the preparation of the legal
descriptions separated into individual parcels by ownership for all or part of
the Right-of-Way, Developer shall commence negotiations with appropriate
property owners, lessees, and occupants to purchase the Right-of-Way.
Developer shall take title to the right-of-way parcels and then convey title to
County by Special Warranty Deed prior to completion of the Roadway
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Improvements. Developer's 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 of their 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 of any portion
of the Right-of-Way is required, the County shall adopt appropriate
resolutions of necessity and shall initiate condemnation proceedings for
such Right-of-Way on a "quick taking" basis within one hundred eighty (180)
calender days of County's receipt of: (1) written notice from the Developer
that negotiations with 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 report or interests not of
record, but disclosed by personal inspection, inquiries to the property
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 state. certified general real estate appraiser with recent
experience in Florida condemnation proceedings . The intent of the parties
is that the condemnation proceedings shall be 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 negotiation pursuant to the terms of any negotiated agreement for
ies having compensable interests in such Right-of-
purchase or sale with those partWay or condemnation shall be paid from any balance remaining in the Fund
Monies.
10. rnNSTRUCTION. 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 of the Roadway Improvements by Developer.
(a) Construction of Segments. Following the City's and the County's approval
of all or part of the necessary Design Plans pursuant to Paragraph 8 above,
Developer shall commence construction of all or part of the approved
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Roadway improvements Segment within g0 days of the issuance of all
necessary permits for the construction of the approved Roadway
Improvements Segment. Commencement of Construction shall mean actual,
physical construction of the approved Roadway Segment. Developer shall
complete construction of the approved Roadway Improvements within two
(2) years of the Commencement of Construction date or prior to
receiving a certificate of occupancy for the Bass Pro Shops regional
headquarters,whicheverfirst occurs. Completion of Construction shall mean
the date the governing agency with jurisdiction of the approved Roadway
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Improvements accepts the Improvements. ll eligible costs associated with
the construction of the Roadway Improvements shall be paid from any
balance remaining in Fund Monies.
(b) The City shall provide all clean and useable fill for the construction of
Roadway Improvements.
(c) Developer shall incorporate payment and performance bond requirements
into contracts for he construction of all or part of the Roadway Improvements
in accordance with Chapter 255, Florida Statutes and Chapr 21, Broward
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County Code of Ordinances. Developer shall obtain County's approval
the payment and performance bond requirements prior to incorporating them
into the construction contracts. Copies of the County standard form
Performance Bond (Form 00710) and Payment Bond (Form 00720) are
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attached as composite Exhibit"P',and are incorporated into this Agreement.
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11. AVAIIABILIIY OF ALTERNATIVE FUNDING. Nothing contained in this Agreement
including, without limitation, 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 of highway or roadway funds from the State of Florida
collected or available for the improvement of the Roadway Improvements.
Developer
or disbursement hf anly such a temat vete in the lsourcesstion of and
of funding.petition for the
12. Li o�Rec�er=n:T 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 of the month. Provided the County receives the Draw
Request not later than the first day of the month, the County shall make payment
to the Developer not than the thirtieth (30) day of the same month. In the
event the Draw Request is of received by the County on he first day of the month,
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its receipt of the Draw Request. With each Draw Request, Developer shall submit
to County copies of lien 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.
13. INDEPENDENT CONTRACTORS. Developer and any contractors, subcontractors,
suppliers or any other persons or entities furnishing or supplying any goods,
services or materials pursuant to this Agreement (hereinafter collectively referred
to as "Developer and Contractors") are independent contractors under this
Agreement. Nothing contained herein shall constitute or be construed to be or
create a partnership, joint venture, joint employer, or any other dual relationship
between County and Developer and Contractors. Services provided by Developer
and Contractors shall be by employees of the Developer and Contractors and
subject to the supervision by Developer and Contractors, and not as officers,
employees or agents of the County.
Personnel policies, tax responsibilities, Social Security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of Developer
and Contractors.
14. INDEMNIFICATION OF COUNTY. Developer agrees that the construction
contract(s) for the Roadway Improvements shall provide that the Contractor(s): (a)
Indemnify and save harmless the County, the Board of County Commissioners of
Broward County, The City 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 construction of the Roadway Improvements;
or by or in consequence of any negligence in 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. (b) Contractor(s) shall
defend, at its/their sole cost and expense, any legal action, claim or proceeding
instituted by any person against the County, the Board of County Commissioners
of Broward County, the City and the State of Florida, their agents and employees
as a result of any claim, suit or cause of action accruing during or in any way arising
out of the construction of the Roadway Improvements, for injuries to body, life, limb
or property as set forth above. (c) Contractor(s) shall save the County, the Board
of County Commissioners of Broward County,the City and the State 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
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1...Y5. MISCELLANEOUS PROVISIONS: Developer agrees to comply with the provisions
listed below, and Developer agrees that all agreements and contracts entered into
pursuant to this Agreement, including the construction contracts for the Roadway
Improvements shall include provisions requiring compliance with the provisions
listed below. Developer and any contractors, subcontractors, suppliers or any other
i persons or entities furnishing or supplying any goods,services or materials pursuant
to this Agreement are hereinafter collectively referred to as "Developer and
Contractors".
(a) CIVIL RIGHTS COMPLIANCE
i. Developer and Contractors shall not unlawfully discriminate against
any employee or applicant for employment because of race, age,
j religion, color, gender, national origin, marital status, physical or
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mental disability, sexual orientation, political affiliation or familial
status . Developer and Contractors shall take affirmative steps to
insure applicants are employed and employees treated during
employment without regard to race, age, religion, color, gender,
national origin, marital status, physical or mental disability, sexual
orientation, political affiliation or familial status . Such actions shall
include, but not be limited to, the following: employment, upgrading,
demotion, 'transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay, other forms of compensation, terms and
conditions of employment and training.
ii. Developer and Contractors shall comply with the Americans with
Disabilities Act, including 'Title I and Title II, regarding
nondiscrimination on the basis of disability in state and local
government services, in the course of providing any services funded
in whole or in part by Broward County.
iii. Developer and Contractors shall establish written policies and
procedures prohibiting sexual harassment by Developer and
Contractor's employees, agents, or servants.
(b) PUBLIC RECORDS ACT
County, Developer and Contractors acknowledge that they have an
obligation to comply with the disclosure requirements of the Florida Public
Records Act(Chapter 119, Florida Statutes)to the extent it is applicable to
this Agreement.
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(c) PUBLIC ENTITY CRIMES ACT
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In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes)
a person or affiliate who has been placed on the convicted vendor list maintained
by the State of Florida Department of General Services following a conviction for a
public entity crime may not submit a bid to provide any goods or services to the
County, may not submit a bid on a contract with the County for the construction or
repair of a public building or public work, may not submit bids on leases of real
property to the County, may not be awarded or perform work as a contractor,
supplier, subcontractor, or contractor under a contract with the County, and may not
conduct business with the County for a period of 36 months from the date of being
placed on the convicted vendor list. Violation of this section by Developer and
Contractors shall result in termination of this Agreement and may cause Contractors
debarment.
(d) PREVAILING WAGE RATES
Developer and Contractors agree to comply with Ordinance No. 83-72, providing
that, in all non-federally funded construction procurement activity of $250,000 or
more, the rate of wages and fringe benefit payments for all laborers, mechanics,
and apprentices shall not be less than those payments of similar skills in
classifications of work in like industries as determined by the Secretary of Labor and
as published in the Federal Register.
16. INSURANCE. Developer agrees that in addition to the provisions required by
Sections 14 and 15 above, the construction contract(s) for the Roadway
Improvements shall include the following:
(a) Workers' Compensation Insurance to apply for all employees in compliance
with the 'Workers' Compensation Law of the State of Florida and all
applicable federal laws.
(b) Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) per accident.
(c) Comprehensive General Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage must
µ , be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability Policy,without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
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Premises and/or Operations.
Independent Contractors.
Products and/or completed operations.
Underground Coverages.
COUNTY and the Broward County Board of County Commissioners are to be
named as additional insureds with respect to liability arising out of operations
performed for COUNTY by or on behalf of CONTRACTOR or negligent acts or
omissions of COUNTY in connection with general supervision of such operation.
(d) 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 Liability Policy,
without restrictive endorsements, as filed by the Insurance Services office and must
include owned vehicles and hired and non-owned vehicles.
Notice of Cancellation and/or Restriction:The policy(ies) must be endorsed to provide
COUNTY with thirty (30) days notice of cancellation and/or restriction.
(e) DEVELOPER shall provide to County a certified copy of all insurance policies
required by this Agreement 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
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of execution of this Agreement by DEVELOPER.
17. COUNTY'S RIGHT TO TERMINATE CONTRACT
(a) in addition to the County's right to terminate this Agreement pursuant to Section
18. below, if Developer or Contractor fail to begin construction of an approved
Roadway Improvement Segment pursuant to the time frame in Section 10(a) or
fail to perform the work with sufficient workers and equipment or with sufficient
materials to insure the prompt completion of the work, or shall perform the work
unsuitably, or cause it to be rejected as defective or unsuitable, or shall
discontinue the prosecution of the work pursuant to the accepted schedule or
if Developer or Contractor shall fail to perform any material term set forth in this
Agreement or if Developer or Contractor shall become insolvent or be declared
bankrupt, or commit any act of bankruptcy or insolvency, or shall make an
assignment for the benefit of creditors, or for any other cause whatsoever shall
not carry on the Project in an acceptable manner, County may give notice in
writing to Developer and/or Contractor and their Surety of such delay, neglect
or default, specifying the same. If Developer and/or Contractor, within a period
of ten (10) calendar days after such notice, shall not proceed in accordance
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therewith, then County may terminate the services of Developer and/or
Contractor, exclude Developer and/or Contractor from the Project site and take
the prosecution of the work out of the hands of Developer and/or Contractor,
and appropriate or use any or all materials and equipment on the Project site as
may be suitable and acceptable. In such case, Developer and/or Contractor
shall not be entitled to receive any further payment until the Project is
completed. In addition, County may enter into an agreement for the completion
of the Project according to the terms and provisions of this Agreement, or use
such other methods as in County's sole opinion shall exceed the unpaid
balance, then Developer and/or Contractor shall be liable and shall pay to
County the amount of said excess.
(b) Upon receipt of Notice of Termination as set forth above, Developer and/or
Contractor shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to County
all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by this Agreement whether completed
or in progress.
18. BASS PRO DEVELOPMENT. The obligations of the County under this Agreement
are conditioned upon the development of the Property for Bass Pro Development.
In the event that the construction of the Bass Pro Development has not commenced
within one (1) year from the Effective Date of this agreement as defined in Section
26. below, on the Property, the County may terminate this Agreement.
Commencement of construction for the purposes of this paragraph shall mean the
actual, physical construction of site work for the Bass Pro Development and shall not
mean construction of the Roadway Improvements.
19. DRAINAGE EASEMENT. Developer hereby grants to County a 10' drainage
easement across the lands described in Exhibit "C" attached hereto for the purpose
of installing, constructing, maintaining and repairing underground drainage facilities.
Developer and COUNTY agree to coordinate with each other as to the construction
of the drainage facilities within the easement. COUNTY shall be responsible for all
costs associated with the construction of these drainage facilities. No monies from
the Construction Fund Monies shall be used for any portion of these drainage
facilities
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20. FURTHER ASSURANCES. Each of the parties agrees to do, execute, acknowledge
and deliver, or cause to be done, executed, acknowledged and delivered, all such
further acts and assurances as shall 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 effecting of
the terms of this Agreement.
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21. PERSONS BOUND.. This Agreement is intended to be and shall be construed as
binding upon, inuring to the benefit of and enforceable by only the parties hereto.
22. WAIVERS/AMENDMENT. No delay or omission by any of the parties hereto to
exercise any right or power accruing upon a noncompliance or failure of performance
by any 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 of the parties unless in
writing duly executed by the party sought to be charged therewith. This Agreement
incorporates and merges all agreements, understandings, covenants,
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representations, and warranties as between the parties.
23. APPLICABLE LAW. This Agreement shall be governed by, construed under, and
enforced in accordance with the laws of the State of Florida.
24. VENUE. Venue with respect to any litigation or mediation shall be Broward County,
Florida.
25. CAPTIONS OR PARAGRAPH HEADINGS. 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 of intent of this Agreement, nor the intent
of any provision hereof.
j 26. EFFECTIVE DATE. The effective date ("Effective Date") of this Agreement shall be
the day upon which it becomes fully executed by the parties hereto. This Agreement
shall not be effective until fully executed.
27. NONASSIGNABLE. This Agreement shall not be assignable without the written
consent of all the parties hereto, which consent will not be unreasonably withheld.
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28. NOTICES. All notices, requests, demands or other communications shall be
j addressed to the parties as follows:
As to County: Broward County
County Administrator
115 S. Andrews Avenue, Room 409
Fort Lauderdale, Florida 33301
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Elliot Auerhahn, Director
Development Management Division
115 South Andrews Avenue, Room A-240
Fort Lauderdale, Florida 33301
Henry P. Cook, P.E.
Director
Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, Florida 33301
As to City: The City of Dania
City Manager
100 W. Dania Beach Boulevard
Dania, Florida 33004
As to Developer: Sportsman Park Development Company
c/o Bass Pro Shops
1935 S. Campbell
Springfield, MO 65898
F. Ronald Mastriana, Esquire
Mastriana & Christiansen
2750 North Federal Highway
Fort Lauderdale, Florida 33306
unless the address is changed by the party by like notice given to the other parties.
Notice shall be in writing, mailed certified mail, return 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 telegraph,
ifederal express or other method of delivery, but shall be deemed to have been
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given only when received.
29. EXCUSE OF PERFORMANCE. Notwithstanding anything in this Agreement to the
contrary, the Developer's and/or County shall not be deemed in default with respect
to failure to perform any of the terms, covenants and conditions of this Agreement
if such failure to perform shall be due to any strike, civil commotion, war-like
operation, invasion, rebellion, hostilities, military or usurped power, sabotage,
inability to obtain any material or service through Act of God or other cause beyond
the control of Developer or Developer's contractor(s) and/or County.
30. RECORDATION. When fully executed, this Agreement will be recorded in the
Public Records of Broward County, Florida.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
`'�A�� greement on the respective dates under each signature: Broward County through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to
execute same by Board action on the day of , 1997, and the City of
Dania, signing by and through its Mayor duly authorized to execute same, and Sportsman
Park Development Company, signed by and through its President, duly authorized to
execute same.
COUNTY
ATTEST: BROWARD COUNTY, THROUGH ITS
BOARD OF COUNTY COMMISSIONERS
By:_ —
County Administrator and Ex-Officio Chair
Clerk of the Board of County
Commissioners of Broward County, Florida
day of.—
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Assistant County Attorney
DMF/bjl
#96-224
coonas.aol
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A
AGREEMENT AMONG BROWARD COUNTY AND CITY OF DANIA AND SPORTSMAN
PARK DEVELOPMENT COMPANY RELATING TO THE USE OF BROWARD COUNTY
ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS,AND GRANT OF DRAINAGE
EASEMENT
EXECUTED THIS DAY OF FEBRUARY, 1998.
WITNESSES: CITY OF DANIA
By
Mayor-Commissioner
ATTEST:
By
City Clerk City Manager
(CORPORATE SEAL) APPROVED AS TO FORM:
BY
City Attorney
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AGREEMENTAMONG BROWARD COUNTYAND CITY OF DANIAAND SPORTSMAN PARK
} DEVELOPMENT COMPANY RELATING TO THE USE OF BROWARD COUNTY ROADWAY
IMPACT FEES FOR ROAD IMPROVEMENTS, AND GRANTS OF DRAINAGE EASEMENT
DEVELOPER
WITNESSES: By
Print Name:
Title
print or type name Address:
print or type name
day of , 1998
(CORPORATE SEAL)
STATE OF FLORIDA )
i ) SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
19_, by of
SPORTSMAN PARK DEVELOPMENT COMPANY, a
corporation/partnership on behalf of the corporation/partnership. He or she is personally
known to me or has produced as identification and who did take
an oath.
Notary Public, State of Florida
print or type name
My commission expires:
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EXHIBIT A
BASS PRO DEVELOPER'S AGREEMENT
BETWEEN
BROWARD COUNTY CITY OF DANIA
AND
SPORTSMAN PARK DEVELOPMENT COMPANY
1. Angler's Avenue, a four-lane divided facility which shall include the following
elements:
a. Roadway pavement and base course.
b. Curb and gutter and sidewalks.
C. Installation and/ or adjustments to roadway drainage.
d. Pavement markings and signings.
e. Installation and/or adjustments to roadwaylighting.
f. All necessary utility relocations and adjustments.
g. All necessary traffic signal equipment relocations and adjustments.
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h. All necessary traffic signal and road lighting conduit relocations and
adjustments.
i. Standard landscape, seed and mulch.
j. Sleeving for irrigation and landscaping.
k. Roadside recovery and/ or guardrail where necessary.
I. Securing all necessary permits for construction.
divided
- across the CSX Railroad, a four lane diw
road from Angler's Avenue
2. Access 9
facility.
a. Roadway pavement and base course.
b. Curb and gutter and sidewalks.
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RggROAD
Ln cn I- SCALE: 1"=300'
qj
0 a=`l I I C.S. `
i _-� I I I k• RAILROAD o - t
UNPLATTED LANDS 0ZI
0 10' BROWARD COUNTY STORMWATER
A I I DRAINAGE EASEMENT -.�--
t . i•.. N*i Li I L_ _ THE NCL PLAT
LDi � 'I I �_ PARCEL "B"
THE NCL PLAT
PLAT BOOK 150 PAGE 50
PARCEL "A"
KWHER'S PLACE AT
ONM PARCEL 'A'
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'TIGERTAIL j --�..
ROVE
IESUBDIVISION I I �-
P.B.30, PG.20 I -�
_�--�--�- S1AlER0A0
1 INlERSlAle 1-95
260' F.P.L. EASEMENT 325 -
(O.R,B, 1224, PG. 65, B.C.R) I °y�
(O.R.B. 394, PG. 510, B.C.R,) I �J
Legal Description ` 1
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' I Broward County Drainage Easement a
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Exhibit "C" "� I °
The north 10' of the south 325' of the N.W. % of Seciton � e°
33, Township 50S, Range '42E, lying within Parcel "A" of 3
the NCL Plat as recorded in Plat Book 150, page 50, of g c
the public records of Broward County, Florida, situate lying i 35 j 1 I
( = and being in Broward County, Florida,
" �� XC
C. Installation and/or adjustments to roadway drainage.
d. Pavement markings and signings.
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j e. Installation and/or adjustments to roadway lighting.
f. All necessary utility relocations and adjustments.
g. All necessary traffic signal equipment relocations and adjustments.
h. All necessary traffic signal and road lighting conduit relocations and
adjustments.
i. Standard landscape, seed and mulch.
j. Sleeving for irrigation and landscaping.
k. Roadside recovery and/or guardrail where necessary.
I. Securing all necessary permits for construction.
M. Railroad crossing across CSX Railroad.
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EXHIBIT B
BASS PRO DEVELOPER'S AGREEMENT
BETWEEN
BROWARD COUNTY_
CITY OF DANIA
AND
SPORTSMAN PARK DEVELOPMENT COMPANY
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EXHIBIT C
BASS PRO DEVELOPER'S AGREEMENT
BETWEEN
BROWARD COUNTY
CITY OF DANIA
AND
SPORTSMAN PARK DEVELOPMENT COMPANY
"DRAINAGE EASEMENT"
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PROPOSED 48' PIPE w/SMART,BOX
oji NOTE: Pipe size and dimensions are tentative � •— � ,,,,�•
until final design, ca
a; I x frv.e of o..r b Gw w
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..-.___... :-•!: :: � .._ _� _ _�.•-_�• -_ MIL � 1 � — ••; ---�lJ
.. ;-: I ,.. I I -—':.;.... Qe 9L0..�A_24>3R�; I-. •... .. � _ .. ! I _
i J__ ,;-; I I •a,rtnplfbwe ronleA e�mb eeiy,leintdedlerpe �T, na7leAe-r— _ _ _� �� ---
--- L
a+MO ,A evemA,a ecmtenL:e a tame aJamav Ib; a aEelhp
. . � ;.. ... . i: . �: i -.r. 'TiA" e.•lo toil L•t _.__._._... _
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. ..,.:_ Df.•Qnce eronlii I"ei.anahh'a lil�6velAetumA "Ire -1-_._ __
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...._—: �� Jtvudlpptlah3AUAT i :. � � I I_ —� ..
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EX H IBIT
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GRIFFIN
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( Ap-
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DRAINAGE AREAS
\ \ EXHIBIT " Ell
.� . . �
_1 00710. FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we as Principal, hereinafter called
CONTRACTOR, and as Surety, are bound to the Board of
County Commissioners of Broward County, Florida, as Obligee, hereinafter called
COUNTY, in the amount of Dollars ($ ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors, admini-
strators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
19 , with COUNTY for in
accordance with the Contract Documents prepared by which
Contract Documents are by reference made a part hereof, and for the purposes of this
Bond are hereafter referred to as the "Contract;
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and COUNTY for construction of
, the Contract being made a part of this Bond by reference, at
the times and in the manner prescribed in the Contract; and
2. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including
appellate proceedings, that COUNTY sustains as a result of default by
CONTRACTOR under the Contract; and
COMPOSITE EXHIBIT"F"
L
"1 3. Performs the guarantee of all work and matedals.fumished under the Contract for the
time specked in the Contract:then THIS BOND IS VOID, OTHERWISE IT REMAINS
IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under
the Contract, COUNTY having performed COUNTY'S obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Contract in accordance with its terms and conditions; or
3.2. Obtain a bid or bids for completing the Contract in accordance with its terms
and conditions, and upon determination by Surety of the lowest responsible
Bidder, or, if COUNTY elects, upon determination by COUNTY and Surety
jointly of the lowest responsible Bidder, arrange for a contract between such
Bidder and COUNTY, and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price,"as used in this paragraph, shall mean the total
amount payable by COUNTY to CONTRACTOR under the Contract and any
amendments thereto, less the amount properly paid by COUNTY to
CONTRACTOR.
+� No right of action shall accrue on this bond to or for the use of any person or
corporation other than COUNTY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety s obligation under
this Bond.
Signed and sealed this day of 119
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COMPOSITE EXHIBIT"F"
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- FORM OF PERFORMANCE BOND
(Continued)
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WITNESSES:
(Name of Corporation
Secretary By
(Signature and Title)
(CORPORATE SEAL)
(Type Name and Title signed above)
IN THE PRESENCE OF: INSURANCE COMPANY:
I
By
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
COMPOSITE EXHIBIT"F"
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
225.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privily with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
i 2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's obliga-
tion under this Bond.
Signed and sealed this_day of 19_.
"� COMPOSITE EXHIBIT"F"
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FORM OF PAYII NT BOND
(Continued)
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ATTEST:
(Name of Corporation
Secretary
By
(Signature and Title)
(CORPORATE SEAL)
(Type Name and Title signed above)
! l IN THE PRESENCE OF:
INSURANCE COMPANY:
E By
Agent and Attorney-in-Fact
---------------
Address:
(Street).
(City/State2ip Code)
Telephone No.:
COMPOSITE EXHIBIT"F"
t,Aw or•T-TCFs
RYAN & RYAN, P.A.
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
1.1 DANIA,FLORIDA 33W4-3090
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ARCHIE J.RYAN,III
TIMOTHY M.RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN FACSIMILE(954)921-1247
MEMORANDUM
TO : MIKE SMITH, CITY MANAGER
FROM : TIMOTHY M. RYAN, ESQ. /r[JA
DATE : FEBRUARY 4, 1998
RE : AMENDED TRI-PARTY AGREEMENT AMONG CITY OF DANIA, BROWARD
COUNTY AND SPORTSMAN PARK DEVELOPMENT COMPANY
The original tri-party agreement between the City, Broward
County and Sportsman Park Development Company relating to the use
of Broward County roadway impact fees for road improvements and
grant of drainage easement has been revised after review by the
Broward County Attorney' s office and their engineering department.
The City of Dania' s obligation in the agreement to provide all
clean and usable fill for the construction of the roadway and
improvements at the Bass Pro development has not been changed.
The first change in the revised agreement deletes the
requirement for four foot paved shoulders on that portion of
Anglers Avenue which wil]. be widened from Griffin Road into the
entrance of the development and the access road from Anglers Avenue
into the main facility. Exhibit "B" to the agreement, which is a
drawing of the roadway and parking layout, has an added notation
that no portion of the fund monies shall be used to acquire or
otherwise compensate the City of Dania or the State of Florida for
any portion of the proposed right-of-way owned by the City of Dania
or the State of Florida. The original agreement does not make
reference that county funding monies would in any manner be used to
compensate the City of Dania for acquired right-of-way for project
development. The third change is a substitution of a ten foot
drainage easement for the original twenty foot drainage easement
within the project development. The last revision creates an
expanded drainage area which will include land parallel and west of
I-95 in the area of the Bass Pro development.
The revisions to the agreement do not adversely the City' s
rights and responsibilities under the original tri-party agreement
and it is recommended that the revised agreement be approved by the
city commission.
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