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HomeMy WebLinkAboutR-1999-065 M1 T 7 _� ,��r � .. f ... .. I-- Y, 7 RESOLUTION NO. 65-99 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT WITH TRI-COUNTY COMMUTER RAIL AUTHORITY, AN AGENCY OF THE STATE OF FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: SECTION 1: That certain Agreement, between the City of Dania Beach and Tri-County Commuter Rail Authority, a copy of which is attached and made a part of this resolution as Exhibit "A", is approved and the appropriate City Officials are authorized to execute it. SECTION 2: This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 13th day of April, 1999..- COMMISSIONER ATT OLL CALL: SHL CH�A � MAYOR BERTINO- YES ACTING CITY CLERK VICE-MAYOR McELYEA-YES COMMISSIONER CALI - YES COMMISSIONER ETLING -YES COMMISSIONER MIKES—YES APPROVED AS TO FORM AND CORRECTNESS: r" . By 11 THOMA J. ANSB 0 CITY ATTORNEY RESOLUTION NO. 65-99 f ' r •NW 33n1 Start Suite IW Pompano ISrarh Flunda 3$I7G1 TRI 1w L ,.,4-942-RAII,(7245) Fax.954-788-787e raww.ui-rai,cum TRI-COUNTY COMMUTER RAIL AUTHORITY Customer Information(In Florida)I-SM-11,I-RAIL April 30, 1999 05-05-9-Q Pp3. �5 R C ya Michael Smith, City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, fl. 33004 SUBJECT: Dania Beach Station Lease and Easement Agreement Dear Mr. Smith: The TCRA Board of Directors approved and executed the subject Agreement on April 23, 1999. Pursuant to this approval, enclosed please find one (1) fully executed original Agreement for your file. Should you have any questions or need additional information, please contact the undersigned at (954) 788-7911. Respectfully, C - Christopher C. Bross, Manager Contracts Administration& Procurement CCH Encl. Cc: Thomas Ansbro w/copy Gary M. Brandenburg w/copy Board of Directors Executive Director Rick Chaser Allen C.Harper Lori Nance Parrish Linda Bohlinger James A.Cummings Marie I-forenburger Carol A.Roberts Miguel Diaz de la Porlilla Wendy U.Larsen Unvid Rush .r r L'� r 7 J DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT ^ INs Dania Beach Station Lease and Easement Agreement (tire "Agreement") is made this (�2 23_ day of AuiL, 1999 by and between the City of Dania Beach, a municipal corporation existing under the laws of the State of Florida ('Dania Beach") and Tri-County Commuter Rail Authority("Tri-Rail"),an agency of the State of Florida. RECITALS WHEREAS, Dania Beach owns the improved property more particularly described on Exhibit"A"(herehudfer referred to as the'Dania Parcel'); WHEREAS, the State of Florida, Florida Department of Transportation owns the South Florida Rail Corridor,including the railroad tracks that are located adjacent to the Dania Parcel; WHEREAS, Dania Beach and Tri-Rail desire to create a passenger station and other improvements to enable Tri-Rail to better serve the travelling public at the Dania Parcel (tire 'Passenger Station");and WHEREAS, Dania Beach and Tri-Rail entered into an interlocal agreement called "Interlocal Agreement between the Tri-County Commuter Rail Authority and the City of Dania Beach for Lease of Property for Tri-Rail Station Relocation Site", attached hereto as Exhibit "D", hereinafter referred to as the"Interlocal";and WHEREAS, to induce Tri-Rail to build a Passenger Station, which will make public transportation available to the Dania Parcel and to surrounding businesses, Dania Beach will lease the Dania Parcel to Tri-Rail for parking and construction of a passenger station and will provide easements for construction of signage,utilities and other matters; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,it is hereby agreed as follows: 1. Recitals. The foregoing recitals are hereby incorporated into and made a part of this Agreement. 2. Lease. Dania Beach hereby demises and leases unto Tri-Rail,for the consideration and upon the terms and conditions herein set forth, the land described on Exhibit "A" (the "Dania Parcel') and grants to Tri-Rail the Easements referenced in this Agreement (the term 'Easements" being defined in paragraph 12 hereof). The lease shall be subject to a specific easement in favor of Broward County Community College for access to its parking property, more fully described in -1- t- .f V li i Exhibit "C" and the right of members of the public to access the Broward County Community College parking lot through the Dania Parcel. 3. Lease Term and Easement Term. This Lease, easements, covenants and agreements herein set forth, shall commence upon the dale that the last party executes this Agreement and end Fifty (50) years thereafter (the "Lease Tenn"), unless extended as provided below or unless sooner terminated pursuant to this Agreement. 4. Renewal Term Tri-Rail its successors and assigns, may extend the Lease Temt for an additional ten(l0)years(tic"Renewal Term")upon giving written notice to Dania Beach, or its successors and assigns,no later than six(6)months prior to die expiration of the Lease Term(fie "Renewal Notice"). Upon extension, all of die same terms and conditions of this Agreement shall apply to the Renewal Term. Further, if the Agreement is extended, the Easements shall also be automatically extended for the Renewal Term, without requiring any further action of any party. Should Tri-Rail fail to give the Renewal Notice and in consideration of Tri-Rail's substantial investment in making improvements to the Dania Parcel and the Easements (hereinafter defined), Dania Beach, its successors and assigns, shall give Tri-Rail written notice that it failed to send the Renewal Notice(die "Reminder Notice") and Tri-Rail shall have forty-five (45) business days after receiving the Reminder Notice to notify Dania Beach or its successors and assigns as to whether Tri-Rail intends to renew the Lease for the Renewal Term. If Tri-Rail fails to notify Dania Beach or its successors and assigns of its intent to renew this Agreement within forty-five(45)business days of receiving the Reminder Notice, then this Agreement shall temtinate upon expiration of the Lease Term and the parties shall be released from all liabilities hereunder(die Lease Term, together with die Renewal Term. shall hereinafter be referred to as the"Term"). 5. No Rent Due. Tri-Rail shall not be required to pay any rent or other charges for its use of the Dania Parcel or its use of the Easements (defined in paragraph 12 hereof) during the Lease Term or the Renewal Term. 6. Use of Dania Parcel and Construction of Improvements. The Dania Parcel shall be used for parking and uses related to operation and construction of a Passenger Station and access to the South Florida Rail Corridor. Tri-Rail may pave, repave, re-stripe and reconstruct roads, parking areas, curbs, landscaping, lighting, signage, install electricity and other Utility' Services (defined in paragraph 12),as Tri-Rail deems necessary or appropriate within the Dania Parcel. Tri- Rail may also (but shall not be required to) install improvements at its own expense within die Dania Parcel that arc related in Tri-Rail's reasonable opinion to Tri-Rails operation of a Passenger Station, including without limitation, newsstands, elevato concession stands rs, bike lockers, lighting, restrooms, and kiosks, and passenger-related commercial uses. Tri-Rail represents and warrants that the State of Florida Department of Management Services ("DMS") has jurisdiction over all structural and building aspects of improvements to be constructed on the Dania Parcel and die South Florida Rail Corridor and has sole jurisdiction for inspections of same in accordance with Florida law. Tri-Rail agrees to comply with all DMS Permit and rules and regulations of the DMS and other applicable State and Federal laws and regulations relating to the Dania Parcel and the South Florida Rail Corridor; as well as Dania Beach codes, laws and ordinances relating to landscaping and signage improvements on the Dania Parcel and the South Florida Rail Corridor. -2- t- f t- r After approvals are obtained from Dania Beach consistent with die foregoing, Dania Beach agrees to issue permits therefore in a timely manner and waive all fees in connection therewith. Should Tri-Rail desire to make any additional future improvements or alterations in the Dania Parcel, then Tri-Rail shall submit an outline and/or sketch of the improvements it desires to make to Dania Beach. Dania Beach shall have ten (10) business days after receipt, to review the drawing and/or outline to make sure that it is reasonably aesthetically compatible with die surrounding Businesses and uses. If Dania Beach fails to provide written notice to Tri-Rail of its approval or disapproval of the aesthetics within said time frame,the intended improvements shall be deemed approved. If Dania Beach disapproves the intended improvements,then Dania Beach shall provide Tri-Rail with written comments as to exactly what would be acceptable. Dania Beach shall not unreasonably withhold approval of Tri-Rail proposed improvements. All improvements made by Tri-Rail shall be constructed in accordance with the permits issued by DMS and with Dania Beach codes, laws and ordinances relating to landscaping and signage. Tri-Rail shall keep and maintain all improvements on the Dania Parcel in good repair and in a reasonably aesthetically appropriate condition, clean and free of debris. Such maintenance shall include, but not be limited to,repairs, resurfacing,re-striping,cleaning and sweeping. Tri-Rail shall have the exclusive right under this Agreement to utilize the Dania Parcel. The parties agree to cooperate to provide each other with overflow parking to lire extent feasible with respect to the adjacent parking lot to be constructed on City of Dania Beach property by BCCC. 7. Improvements in the South Florida Rail Corridor. All structural and building aspects of improvements constructed by Tri-Rail in the South Florida Rail Condor,such as, but not limited to, construction of any improvements related to a Passenger Station shall be permitted through DMS; otherwise, Dania Beach codes, laws and ordinances relating to landscaping and signage improvements shall apply. 8. Access Road. Dania Beach hereby grants, conveys and confirms to Tri-Rail, its successors and assigns, for the use, benefit and enjoyment of Tri-Rail, its successors and assigns, and its employees, invitees,patrons,customers and guests, the following non-exclusive easements for pedestrian and vehicular traffic (including buses) on, over, under and across the road and sidewalk adjacent to the Dania Parcel ("Access Road"), subject only to the police power of Dania Beach to deny access for emergency purposes,for, (a) ingress and egress to the Dania Parcel and the South Florida Rail Corridor, (b) Constructing or reconstructing driveways into the Dania Parcel and installing landscaping,lighting, electricity and other Utility Services(whether above ground or underground), as Tri-Rail deems reasonably necessary or appropriate;and (c) Installation of signage in accordance with paragraph 13 hereof. Any cuts made in existing asphalt, if any, by Tri-Rail in the adjacent sidewalk and roads shall be repaired by Tri-Rail to restore the pavement to its previous condition. -3- f i 9. Maintenance of Access Road and Dania Parcel. Dania Beach, it successors and assigns, shall maintain, replace and keep in good repair and condition the Access Road adjacent to the Dania Parcel as a public road, and shall keep such area clear and free of rubbish. Such maintenance shall include, but not be limited to, repairs, resurfacing, re-striping, cleaning and sweeping. Tri-Rail, its successors and assigns, shall maintain the Dania Parcel in good repair and condition, including without limitation, repairs, resurfacing, re-striping, cleaning and sweeping. Notwithstanding the foregoing, Tri-Rail shall not be required to maintain any areas outside the Dania Parcel. 10. Twenty-Four flour Access. Dania Beach agrees that Tri-Rail, its successors and assigns, its employees, invitees,patrons,customers and guests shall have twenty-four hour access to the Dania Parcel,the South Florida Rail Corridor,and all Basements,and Dania Beach will not erect or construct or permit to be erected or constructed on the Access Road, the South Florida Rail Corridor or Dania Parcel, any obstruction which will in any way interfere with the free flow of traffic or any rights granted to Tri-Rail under this Agreement without first obtaining Tri-Rail's prior written consent, except in the case of emergencies involving the exercise of police power. Tri-Rail shall have the right to control and prevent access on the Dania Parcel to all persons who in the reasonable judgment of Tri-Rail are detrimental to the safety of its patrons. Tri-Rail may impose reasonable charges for use of the Dania Parcel for concessions or parking in accordance with Tri- Rail policy. 11. Lighting Along Access Road. Dania Beach hereby grants,conveys and confirms to Tri-Rail,its successors and assigns,for the use and benefit and enjoyment of Tri-Rail,its successors and assigns and their employees, invitees, patrons, customers and guests, a non-exclusive easement over,under, through,and along the Access Road for the following purposes: (a) To construct and utilize lighting on a twenty-four(24) hour basis, provided that Tri-Rail pays for the electricity for such lights; (b) To repair the lights, change the bulbs and to perform any other maintenance necessary in connection with Tri-Rail's use of the lights;and (c) All lighting construction must comply with applicable Dania Beach codes and regulations. 12. Electric, Drainage, and Utilities Easement. Dania Beach hereby grants, conveys and confirms to Tri-Rail, its successors and assigns,for the use, benefit and enjoyment of Tri-Rail, its successors and assigns and their employees, invitees, patrons, customers and guests, a non- exclusive easement (the "Utilities Easement") over, under, on, and through the property owned by Dania Beach and described in Exhibit "B" for Tri-Rail to install, construct, operate, use, maintain and repair and replace elective service, drainage improvements, and irrigation improvements to serve the Dania Parcel and the South Florida Rail Corridor. A- t L A� a, T 7 I 13. Si na e. Dania Beach hereby grants, conveys and confirms to Tri-Rail, it successors and assigns, the right to install signage on the Daria Parcel identifying Tri-Rail's name and install directional signage within die Access Road with Dania Beach's prior approval in accordance with paragraph G hereof. Tri-Rail may also install landscaping, utility services and irrigation in the Access Road with Dania Beach's prior approval in accordance with paragraph G. Tri-Rail shall be responsible for maintenance of any landscaping installed by Tri-Rail. Tri-Rail shall construct any such signage and landscaping in compliance with die code requirements of Dania Beach. T1re signage shall be located so as not to interfere with the Access Road or other parcels. Tri-Rail shall, at all times, maintain signs it installed in good repair and condition. 14. Insurance. TCRA shall carry at its own expense throughout the Term, comprehensive general liability insurance providing a coverage of not less than Ten Miilion Dollars ($10,000,000.00) combined single limit. Any insurance required to be carried hereunder may be provided by a blanket or umbrella insurance policy. All insurance companies required under this Agreement shall be issued by insurance companies which are licensed to do business in the State of Florida. Dania Beach shall be named an additional insured under the Tri-Rail policy and shall be given thirty(30)days notice of cancellation. 15. Brokers. The parties wan-ant and represent to each other that there have been no brokers involved in this transaction. The parties agree that in the event of a breach of the warranty and representation contained herein,the offending party shall indemnify and hold the non-offending party harmless with respect to any loss or claim for brokerage commission, including all attorney's fees and costs of litigation through appellate proceedings. This paragraph shall survive the termination of the Agreement. 16. Attorney's Fees. In the event of any dispute which may arise conceming the terms or conditions of this Agreement,the prevailing party in such dispute shall be entitled to recover all reasonable costs and expenses of such dispute, including, without limitation, its reasonable attorney's fees and costs incurred through all levels of appellate litigation. 17. Successors and Assigns. This Agreement, together with die Easements hereby granted, shall constitute covenants running with the land and shall inure to the benefit of and be binding upon, the parties hereto and their respective successors and assigns, including without limitation,all subsequent owners or assignees of Tri-Rail and Dania Beach and all persons claiming by,through,or under them. This Agreement may be assigned or transferred by Tri-Rail to an entity related to Tri-Rail or any other entity (whether related or not)that assumes Tri-Rail's responsibility in operating the passenger station witli Dania Beach's prior written consent. Dania Beach shall not unreasonably withhiold consent. -5- et r 7 18. Captions. Thmc captions appearing in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing dmis Agreement,or any provision hereof,or in connection with the duties,obligations or liabilities of the respective parties hereto or in ascertaining intent,if any question of intent exists. 19. Termination of Agreement. Tri-Rail may, at any time during this Agreement, discontinue use of the passenger station located on the South Florida Rail Corridor, the use of the Dania Parcel, Access Road and Basements, without die consent of Dania Beach, its successors and/or assigns. Upon Tri-Rail's written notice to Dania Beach that Tri-Rail is terminating this Agreement,this Agreement shall automatically terminate. If Tri-Rail exercises its right to terminate this Agreement, and if requested by Dania Beach, then Tri-Rail shall execute a termination of this Agreement in recordable form. The failure of Tri-Rail at anytime during the Term to use die Passenger Station, South Florida Rail Corridor or Basements shall not be deemed an abandonment or termination of this Agreement by Tri-Rail. The Easements granted herein shall automatically terminate upon termination or expiration of this Agreement. Dania Beach recognizes and agrees that should Tri-Rail fail to obtain funding for the improvements contemplated under dmis Agreement or a governmental moratorium of any kind is instituted which would reasonably prohibit Tri-Rail from fulfilling any portion of this Agreement, then Tri-Rail shall have no obligation to complete the Improvements and upon written notice to Dania Beach, its successors and/or assigns,Tri-Rail may terminate this Agreement, whereunder the parties shall be released from any and all liability hereunder. Notwithstanding die foregoing,either party may terminate this Agreement upon thirty (30) days prior written notice given to the other party, should Tri-Rail fail to complete building a Passenger Station within the South Florida Rail Corridor (the "Improvements") by the later of(i) twenty-four (24) months after all governmental approvals are received by Tri-Rail that are necessary for Tri-Rail to build the Improvements or(ii) three(3) years after the date Dartia Beach completes filling the Dania Parcel to die standards set in the Interlocah. In the event Tri-Rail terminates this agreement,all improvements constructed on die Dania Parcel shall become die property of Dania Beach. 20. Mechanics Liens. Tri-Rail shall not suffer,create,or permit any mechanics liens or other liens to be filed against the Dania Parcel by reason of any work, labor, services or materials supplied or claimed to have been supplied to Tri-Rail. Tri-Bail agrees to comply with die requirements of applicable law with respect to die bonding requirements of all contractors working on the Dania Parcel. 21. Notices. In the event any notices are to be delivered hereunder, said notice shall be effective upon receipt, if hand-delivered or sent by overnight, commercial courier, or upon posting in the United States Mail,certified mail,return receipt requested addressed to the parties as follows: Dania Beach: Michael Smith,City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FL 33004 -6- r h i y 1 With a copy to: Thomas Ansbro,City Attorney City of Dania Beach 200 East Los Olas Blvd.,Suite 1800 Fort Lauderdale, FL 33301 Tri-Rail: Tri-County Commuter Rail Authority Attn: Linda Bohlinger Executive Director 800 N.W.33rd Street,Suite 100 Pompano Beach,FL 33064 Gary M. Brandenburg, Esq. Carlton,Fields, Ward,Emmanuel, Smith&Cutler,P.A. Esperantd 222 Lakeview Avenue, Suite 1400 West Palm Beach,Florida 33401 22. Dania Beach's Warranties. Dania Beach represents, warrants and covenants with Tri-Rail that: (a) Dania Beach has fee simple title to the Dania Parcel and the public and Tri- Rail passengers have the right to use the Access Road;and (b) Neither the execution or delivery of this Agreement,nor fulfillment of or compliance with the terms of conditions hereof,conflict with or will result in a breach of any of the terms,conditions or provisions of any agreement or instrument to which Dania Beach is a party or by which it is bound,or constitute or will constitute a default under any of the foregoing, or result or will result in the creation of a lien,claim,charge or encumbrance; (c) There are no leases, licenses or other occupancy or use agreements respecting the Easements or the Dania Parcel that would unreasonably interfere with Tri-Rail's use of the property; (d) Dania Beach and any municipal officers executing this Agreement have the full power and authority to make,deliver,enter into and perform pursuant to the terms and conditions of this Agreement and have taken all necessary action or its equivalent to authorize the execution,delivery and performance of the terms and conditions of this Agreement. Dania Beach is not now the subject of a pending,threatened,or contemplated bankruptcy proceeding; -7- t- f 1, e i (e) That this Agreement and all other documents to be executed and delivered by Dania Beach in connection with the consummation of this Agreement are valid, binding and enforceable in accordance with their respective terms and conditions; (1) That Dania Beach, its officers, agents or employees have not used, discharged or stored and will not use, discharge or store, any hazardous or toxic materials on or about the Dania Parcel or the Easements,and that Dania Beach has received no written notice with respect to hazardous waste or toxic substances on or under the Dania Parcel n the Easements. To the best of Dania Beach's knowledge, no such toxic or hazardous materials are now located on or below the Dania Parcel or the Easements. 23. Tri-Rail's Warranties. Tri-Rail represents, warrants and covenants with Dania Beach that: (a) Tri-Rail and its representatives executing this Agreement have the full power and authority to make,deliver,enter into and perform pursuant to the terms and conditions of this Agreement and have taken all necessary action or its equivalent to authorize the execution, delivery and performance of the terms and conditions of this Agreement, subject to paragraph 19 hereof. (b) Neither the execution or delivery of this Agreement,nor fulfillment of or compliance with the terms of conditions hereof,conflict with or will result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Tri-Rail is a party or by which it is bound,or constitute or will constitute a default under any of the foregoing,or result or will result in the creation of a lien,claim,charge or encumbrance; (c) Tri-Rail and any officers executing this Agreement have the full power and authority to make,deliver, enter into and perform pursuant to the terms and conditions of this Agreement and have taken all necessary action or its equivalent to authorize the execution, delivery and performance of the terms and conditions of this Agreement. Tri-Rail is not now the subject of a pending, threatened, or contemplated bankruptcy proceeding; (d) That Tri-Rail, its officers, agents or employees have not used, discharged or stored and will not use, discharge or store, any hazardous or toxic materials on or about the Dania Parcel or the Easements and Tri-Rail has received no written notice with respect to hazardous waste or toxic substances on or under the Dania Parcel or the Easement. To the best of Tri-Rail's knowledge, no such toxic or hazardous materials are now located on or below the Dania Parcel or the Easements;and (e) That this Agreement and all other documents to be executed and delivered by Tri-Rail in connection with the consummation of Us Agreement are valid, binding and enforceable in accordance with their respective terms and conditions. 24. Waiver. No waiver of any condition or legal right or remedy shall be implied by the failure of Dania Beach or Tri-Rail to declare forfeiture, or for any other reason, and no waiver of any condition or covenant shall be valid unless it shall be in writing signed by the waiving party. -g- t_ r ' r 7 Y No waiver of a breach of any condition shall be claimed or pleaded to exclude a future breach of the same conditional covenant. The mention in this Agreement of any specific right or remedy shall not preclude a party from exercising any other right or from having any other remedy or from maintaining an action to which it may be otherwise entitled either at law or in equity. 25. No Partnership. It is further understood and agreed that neither party to this Agreement shall be construed to be a partner or associate of the other in the conduct of the other's business. 26. Entire Agrcement. There are no representations, covenants, warranties, promises, agreements, conditions or undertakings, oral or written, between Dania Beach and Tri-Rail other than set forth herein. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon Dania Beach or Tri-Rail unless in writing and signed by diem. 27. Applicable Law. This Agreement shall be construed under the laws of the State of Florida. 28. Counterparts. This Agreement may be executed in counterparts by die parties hereto and each shall be considered an original. 29. Cooperation. Both parties agree,when requested by the other,to join in or execute any and all permits,documents,agreements and instruments and to take all other actions in a timely manner in order to effectuate the terms and conditions of dhis Agreement. 30. Removal of Property in the South Florida Rail Corridor after Expiration of Term. Tri-rail reserves the right, but shall not be required, to remove any and all property and equipment in the South Florida Coast Rail Corridor upon termination of this Agreement provided that Tri-Rail repairs any damage that occurs to the Dania Parcel due to removal of said property. 31. Compliance with Laws. Tri-Rail shall,when constructing any improvements in die Access Road and Dania Parcel, shall comply with the requirements of all applicable laws, ordinances, and regulations of Dania Beach relating to signage or landscaping and shall comply with permits issued by DMS,as well as all other applicable State and Federal laws,ordinances, and regulations relating to the Dania Parcel and the South Florida Rail Corridor. 32. Damage and Destruction. If at any time during the Term, any improvements installed by Tri-Rail are damaged and/or destroyed in whole or in part by fire,theft,the elements,or any other cause, Tri-Rail, at its option may repair and restore the damaged or destroyed improvements. Should Tri-Rail choose not to restore the improvements,Tri-Rail may, at Tri-Rail's option, give Dania Beach written notice of its intent to terminate this Agreement and this Agreement shall terminate thirty (30) days thereafter. Pursuant to Dania Beach's written request, Tri-Rail shall demolish the remaining damaged improvements. In the event Tri-Rail damages any remaining improvements as a result of demolition of damaged improvements, Tri-Rail shall repair same. 33. Time. Time is of the essence of each obligation of each party hereunder. -9- f R r. ' t .Y 34. Warranty of Title and Quiet Eniovment. Dania Beach represents and warrants that it is the owner of the Dania Parcel and the Easements, that it alone has full right to enter into this Agreement and grant the Easements contemplated under this Agreement,and that members of the public have the right to use the Access Road. Dania Beach further represents and warrants that Tri-Rail shall peaceably and quietly hold the Dania Parcel and Easements for the Term, without any hindrance,molestation or ejectment. 35. Environmental Audits/Assessments. Tri-Rail acknowledges that its contractors or designees have had the right to perform an environmental assessment and/or environmental audit at Tri-Rail's cost on the Dania Parcel, which Tri-Rail deemed necessary or relevant to its determination whether to enter into this Agreement. 36. Recordine. The parties covenant and agree that this document shall be recorded. 37. Construction Aeainst the Drafter. It is acknowledged that each of the parties hereto has been fully represented by legal counsel and that each of such legal counsel has contributed substantially to the content of this Agreement. Accordingly, this Agreement shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all of the terms and provisions hereof. 38. Tri-Rail agrees that it shall not allow any activities to occur on the Dania Parcel that will unreasonably adversely impact upon the activities of Broward County Community College, Tiger Tail Park,or Tiger Tail Lake. 39. The parties agree that any litigation arising out of this lease shall be brought either in the Circuit Court for the Seventeenth Judicial Circuit or the United States District Court for the Southern District of Florida,whichever court shall entertain jurisdiction. 40. In addition to all other remedies at law and at equity,both parties shall have the right to seek specific performance of this contract and otherwise seek injunctive relief. 41. By the execution of this lease, Tri-Rail is hereby accepting the Dania Parcel "as is", with the exception of Dania Beach's responsibilities to prepare this site under the Interlocal and latent defects. 42. In the event of conflict between this lease and the Interlocal, the terms of this lease shall prevail. 43. Indemnification and Governmental Immunity. Tri-Rail is a State agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. In addition, to the extent permitted by law, Tri-Rail shall indemnify, hold harmless, and, at Dania Beach's option, defend Dania Beach, its officers, agents, servants, and employees against any and all claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent acts or omissions of Tri-Rail, its employees, agents, servants or I -10- r i-- Ir r 1 officers, or occurring, resulting from, or related to the subject matter of this agreement, including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damage sustained by any persons or property. In addition, to the extent permitted by law, Tri-Rail shall indemnify, hold harmless, and at Dania Beach's option, defend Dania Beach, its officers, agents, servants and employees against any and all claims, losses, liabilities and expenditures of any kind, including attorneys' fees, court costs and expenses, caused by the negligent acts or omissions of Tri-Rail or DMS,its employees,agents, servants or officers,or occurring, resulting from or related to the structural or building aspects of improvements constructed on the Dania Parcel or the South Florida Rail Condor. IN WITNESS WHEREOF the parties hereto have affixed their hands and seals. CITY OF DANIA D CH,STATE OF FLORIDA aYFYorida Mi ' Ipal orporation ATTEST: ` : Z-COMMISSIONER ACTING CITY CLERK V BY: CITY !� ER APPROVED AS TO FORM AND CORRECTNESS: / IW11 CITY ATT TRI-COUNTY ,COOM-MU/T/ER RAIL AUTHORITY ASign "andn the presence of: By: ';�' �7�(J� � • Name: Y Larsen Title: Chair ss 0&fitness APPAOEED AS f0 fOftX U ' __..._ APPAOIED AS TO LEGAL SUff EIEXEE 6f Gary M. denb General unsel T A CARLTON FIFLOS P.O. BOX 150, WEST PALM EEACH. FL 334U; (305) 728-8512 I :i,7 i,56-70r0 _f 1_ r r r -r _7 Approved as to form and legal sufficiency by: GARY M. BRANDENBURG General Counsel,Tri-Rail Carlton Fields,et al. P.O. Box 150 West Palm Beach, FL 33402 (561)659-7070 STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1999, by of Tri-County Commuter Rail Authority,a on behalf of the He/She is personally known to me or has produced as identification. Notary Public Name of Notary Printed: My commission expires: My commission number is: -12- f 4-- LR r 04113,90 11M I1:23 PAS 7640117 real Nall:1 MUfI] by ,W. WOOL, / '2wYrfY3^77J FMINEERD43 917 M2 W-R Ob "A 09:a( LEGAL DESCRIPTION Portions of Loa 3 through 10 iucktsive,B"10.parsons of Lot 17,and all of Lots 1a thlwgh 23 iwlktlive,Block 11,portions ofLota 3,4,7 tlaougb 10 huht&lvo,and a8 of Lots 5 and 6, Black 13,together with adjoining righbaofwsy lying adjaoed to the above motioned Lots, "FBGHLAND PARK UNIT NO.Z",tecotNsg to the Find tblaeot se rocorded in Plat Boric 12, Page 79.of the Public R.ecaNs of Browud County,Florida,being tome particularly described as follows: COMMENCE at the Northwest coma of Section 33.Township 50 South,Range 42 East,aid Point also being the Northwest comer of said Piny THENCE South 00000'00"West on the Wasc goo ofsaW Swtioa 33,a distance of651.16 feet; THENCE South 90600'00"But,561.29 feet to the POINT OF BEGINNING(the eat five[5) Mona ad dutaoces ere ooluriden with the back of an mdstiog concrete we&); THENCE North 24°02'42"Ewes,77.88 feet to the beginning of a nM-tangera reeve,concave W the Northwest,having a radial bearing of South 63"45'09"East from the radkts point of the octal deswfhed cu . THENCE Northeasterly an the aro of uld awe,havlag a radius of 368.12 feet,it central angle of 24045'03"and an are diateaoe of 159.02 6ert to a point of taogrnty, THENCE North 02"07'15"East, 135.37 feu to a paint on the am of a tangaU have,cove to the Southeast; THENCE Northeasterly on the am of aid curve,havlog arafts of 170,0o poet,a mdtal not of 90e24'50"sad an=distance of 268.26 feet to a point of taµgeasy, THENCE South tl7 TSS'Bast,80.41 flat to a point on the editWS niltoad right-0fwoy line of GS.X.Wroad as ahown on(Seven Thompson&Associates Inc,drawing Project No.89- 0050,dated 11-13-95, THENCE South NOV I I"West on uW tigh4of-way line,561.97 feet; THENCE North 81°43'45"Was,251.50 feet to ties POINT OP BEGINNING. Said Lade sisut%lying and bring in the City of Dada,Broward County,Plodda sad canteining 120,146 square feet(2.7582 aeroa)4nor4 or law. SURVEYOR'S NOTES: 1. Not VAW without the signature and original r4W sal of a Florida Licensed Surveyor and Mapper. 2. Lsods Blown hetbon Were not abntractod by the surveyor for tkinsaf-way,ssaemmtr, ownership,or other inan•mmee of record. 3. Beatings slwwriheroea am reladvs to the Wes line of Sectiou 33,Township 50 South,Rasge 42 Esat having an-3sum d bearing Oaf South 00900'00"W. 4. This tleetoh does not constitute a suavey. oosa cal Surveyor saad Mapper No.4328 Sdte of Roddy aa"+asx ' e�mpaalo, AWUClAtw,wc sand.lxn eustnvevsaoss ancaruam4nralm.00c Short 1 of 3 shalt EXHIBIT HPR-13-1999 15:20 7680117 p,02 L eE r 't I' DNIVR1.61' NCM3U'GY •IMP U/rIJr9R 'iV[ 17:=/ PAI 7680117 3q1 Pe3 M ,gg 09:07 9G4-7f3B�FJ62 ETGINSRIIG T -SKETCH OF DESCRIFMON" PORTIONS OF L07S 3-10 INCLUSIVE, BLOCK 10, PORTION OF LOT 17 ANO ALL OF LOTS 18-23 INCLUSNL, BLOCK 11, AND PORTIONS OF LOTS 3, 4. 7-10 INCLUSIVE, AND ALL OF LOTS 5 & 5. BLOCK 13, TOGETHER WITH ADJOINING RIGHTS-OF-WAY, "HIGHLAND PARK UNIT TM D ' 2 . PLAT BOOK 12. CAGE 29 FLORIDA COUNTY RECORDS ANIA. GRAPHIC SCALE No �d c fN1 +• l Ixh. 14 100 fl GRIFFIN ROAD -P oa r T S�FLTIDD N�dJ-50-.1 I 13 I 12 1 11 110 I, I g l 766" 1 I Bbo1' OF L1jSTWC III 1 I 2 I 3 I 4 1 5 I 5 b L La � —I 0 p PINE STREET (PLAT) Ei O 0 `� h I 23 $ y� m 21 =��cc J 1 20 f/) {{••�� � � f-- �. _ Mfg SWOO'00'F 551.29' 9 0: j 17 1.60 ,16 U>721f0: ` nett'.¢ yi' Iowa ] rmw 971826P2+OW0 96111 SHEET'2 OF 3 WEIM .6imdaa6 L Anodatm.Im. c41eculu120i Hoch IS oyw lsoMrinomn ex2o.vY1.f7fLLAPml. of AYLhc1lfnUoa Na. 9491 P.03 APR-13-1999 15:20 76BO117 L s ' r 7 I U/,1Ji9U TUG 14:E/ FA 78E0117 URINRLLY Rc:NL NLV ,LLF MUU4 954-79l"962 EFGINEERIM 7K7 M4 Kit EB '99 G9,CT7 LOCARON SKETCH 1 FOR INFORMA-30NAL PURPOSES ONLY CITY OF DANIA, DROWARD COUNTY, FLORIDA N F GRKPIUC SCALP 1P9..T�J�i111o�----I ( n F7ar 114wA � 160 !L GRI RO .aa did 0141' ;ma`�fZwe-4a s Via& n 8� 9 8 au4• � g�� U P4 ®7IM Y71028PS.OWO El m SHEET 3 OF a SHEM RENSC 3014G1ERN VOR'fION G4$ I - -88 N A tptY(R� kraPla . ® E ]pyy�Ud EWt� 1 maEBA.R".—L81 Mari" sun fu �'gi!!l88te at Au1ho74Atfna No, 87EI RPR-13-1999 15:21 7580117 P 04 f I s h r 7 7 nVU'ex 11H 14:25VA1 76ee111 UNINxI.EY MIIrrAMhY •LL.Y WJU05 VYY VYaav V,• yVy ryV. JJ- . J aq"[Ca5" aCR�rIIN'OIRMC OECEMBER 31, 1998 DESCRIPRON ftORIDA POWER & UGH EASE14LNT FOR GRIMN ROAD STATION A strP of land being o portion of of the plat of "UNIT NO. 2 HIGHLAND PARK as recorded in Plot Book 12. Page 29 of the Public Records in and for Broword County, Florida and lying in Section 33. Township 50 South, Range 42 East, City of Dania, Broword County, Florida and being more particularly described as follows; Commencing at the Northwest corner of said Section 33; thence South 01'49'02" East along the West line of said Section 33. for 871.28 feet; thence North 8810'58" East, for 68.26 feet to a point on the East Right—Of—Way line of Rovenwood Road (also known as Angler Avenue) as per the description prepared by Craven Thompson do Associates having a job number of 96-0011 and doled April 17, 1997 and lost revised on February 20, 1998, sold point also being the POINT OF BEGINNING of this description; thence North 44'34'52' East departing sold East Right—Of—way line of Rovenwood Road, for 36.65 feet; thence North 88'10'58" East, for 97.93 feet; thence Northeasterly along the arc of a tangent curve concave to the Northwest having a radius of 446.00 feet and a delta angle of 55'43'39", for 433.79 feel; thence North 22*13*40" East along a non—tangent line, for 77.88 feet; thence Northeasterly along the ore of a non—tangent curve concave to the Northwest having o radius of 155.39 feet and a delta angle of 24'11'09" (the radius point of said curve bearing North 65'34'10" West), for 155.39 feet; thence North 52'41'15" East, for 288.13 feel; thence South 371845" East, for 10.00 feel; thence South 52'41'15" West, for 283.25 feat; thence Southwesterly along the arc of a non—tangent curve concave to the Northwest having a radius of 37BA2 feet and a delta angle of 23'24'23' (the radius paint bearing North 89'00'19" West), for 154.47 feel; thence South 22'13'40" west along a non—tangent line, for 78.58 feet; thence Southwesterly along the arc of o non—tangent curve concove to the Northwest having a radius of 456.00 feet and a delta angle of 5550'26". for 444.42 feet; thence South B810158' west along a tongent line, for 93.93 fact; thence South 44'34'52" West, for 6.90 feel: thence South 00*58*47' West, for 45.30 feel; thence South 88'10'SB' West, for 25.03 feel to a point of intersection with the said East Right-01—Way line of Rovenwood Rood; thence North 0058'47' East along the sold East Right—Of—Way line of Rovenwood Rood, for 34.77 feet to the POINT OF BEGINNING. Containing t1,757 square feet (0.27 acres), more or less. Page 1 of 4 APR-13-1999 15:21 76B0117 P.05 L f • r 7 7 04/13/99 M 18:25 PA[ 7680117 IIRINKLEI' M<iVFRMi�11P. 141008 GRIFFIN ROAD N.W. Corner �of S t1 n- 33 c 13 12 Ii t0 13 12 II 15 14 ' 18 17 16 y I a 's 9 Y a ° 2 7 B I 5 6 3 'UN T 0. 2 N { HIGH AND ARK P.B. 2, P . 29 n n PINE STREET ` o ` WES R ZME 2 RA 0290AD m E) 79 1 I Iv I AS ER E P y Si m z 22 BY RAVEN2'R10MPS 7B 3 J 0. I w 96- 01 - 7-97, R- 6 . w 21 LAST REVS® 2-20 9B 77 4 N v 30 S 5.39 II N N 1rJ 20 31 32 W 7 a I 19 33 74 2 Q 34 a 73 ISM OF 8 .o ROAD R HT- 9 72 ^ q• p 7I pESCR@1310N 4 1 '� n a z 1BY CRA h z¢ & A S 3 7 7 96-0011, DATE086-6- 7 12 Qt 16. 39 68 13 40 x I 15 =4 6.00' 67 14 j p-5 43'39'6 15 z a L-43 . 16 a 1 NO 9 .93, X43 64 Rr -00 (7 63 4 iB ¢` t 62 19 .58" 61 20 N88'10' 'E 1 7 6,90' 60 21 68.26' NOO'58'47"E 11 5.30' 59 22 34.77' SB 23 I LEMW UNIT NO. 2 HIGHLAND PARK P.U. PW OF 0 WENtFA451T P.B. 12. PG. 29 P.OB. PONT OF BEMPIRG R/W MT-M-WAT R6 PIAOF'Ck MCI=BOOT( PG PACE F.0.0.T. RMA DEPARTMENT OF 11001 tTAAQI 0 OO.TA ANUF r' R IULIOS s ¢ LT1006m THIS SKETCH IS NOT A SURVEY $ SK 11 TC EH AND DESCRIPTION v •3�i GEE & JENSON FLORIDA POWER & UGHT EASEMENT ovcw5-woamn-ru".o+n�° GRIFFIN ROAD STATION �t,Y.Yp iY[ fA.rY.MO\M1LA BROWARD COUNTY. FLORIDA .r W'R-13-1999 15:22 7680117 P.06 f 1 ■ r 7 7 / WJUU] U/.13/9x TIU.' tl:EB FAX 7650117 uxlnBliry n�nNxnur IMF . I GRIFFIN ROAD c c r x i l 13 12 I) 10 < 1 2 S37-18'45"E 9ON T NO. TRI RAIL 10.00' HIGH 0 P RK S P.B. 2. PG. 9 �S 2.23' PINE STREET CLEAR g tahrya� N07ry 23 79 T 2 ��tik1 22 r5 NB '00' "W O n 78 ( DI L) 3 21 0 U = 77 4 < 20 g G O V EET 76 5 2 d 19 75 B < 2 74 7 Ti AIL 18 0 3 73 8 ¢ 72 17 d 71 10 a 0 11 N0. 16 69 12 AND ARK 100' P.D. 2. P 29 CITY OF DANIA REACH ROAD RIGHT-OF-WAY AS PER DESCRIPTION BY CRAVEN THOMPSON & ASSOCIATES, JOB i 96-0011, DATED 6-6-97 IECEW PdG POT OF WMIIEJNfLEMT PAR POIx1 OF BEGMnx6 tt/n kPIF-W-1111T PA RAI BOW Pr. OFROILL PECOBI BOW PG FAO.L. FLW RWaA OfP/R11iML W 1BA011)x>•'TFM D i mi n BI M L m LmlH"E $ Q THIS SKETCH IS NOT A SURVEY / �FLIQ TCH AND DESCRIPTION — os GEE & �ENSONPOW'GRIFFIN ROAD $ATION ENT -- °i °rz"�""'" '"�0ARO COUNTY. FLORIDA �... �..--�- P.07 PPR-13-1999 15:22 768011? 1- f 4� M r 0/�I3188 ila' lJ:eB fAd ]BAUI ll ONth'x1.61' NCNlllhtl' ,LLY moos NOTFS 1) This is NOT a survey but only o graphic depiction to accompany the description shown hereon. There has been no field work, on—site inspection of the subject property or monuments set in connection with the Information shown hereon. 2) Dimensions shown hereon ore in feet and decimal ports thereof and ore based on the definition of a toot as adopted by the United Stoles Bureau of Standards and refer to the horizontal plane. 3) Bearings shown hereon are referenced to the West line of Section 33. Township 50 South, Range 42 East, Broward County, Floridu as shown on the plot of "UNIT NO.2 HIGHLAND PARK" as recorded in Plot Book 12. Page 29 of the Public records in and for Broward County. Florida which Is assumed to bear South 01'49'02' East. 4) The sketch and description shown hereon was prepared without the benefit of a title examination or search and is based on information provided by the Client and/or agents of the Client, subsequently the undersigned and Gee & Jenson Engineers—Architects—Planners, Inc. make no representations or guarantees as to the information reflected hereon pertaining to Easements, Rights—Of—Woy. Setback Imes, Reservations, Restrictions, Agreements and other similar matters which should be obtained and confirmed by others through appropriate title verification. b) There may be documents recorded in the Public Records that benefit or encumber the lands shown hereon that are not shown on this sketch and description. 6) There may be existing Agreements. Easements, Rghts—Of—Way, Restrictions, Reservations and other similar matters that are not recorded In the Public Records which may affect the lands shown on this sketch and description. CERTIFICATION I hereby certify that this sketch and description was mode under my responsible charge and was prepared in accordance with the Minimum Technical Standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61C17-6 Flarido Administrative Code, Pursuant to Section 472.027 Florida Statutes. For the firm of Gee & Jenson Engineers—Architects—Planners, Inc. Florida Certificate of Authorization number LB2934 JAMES A. OAKS Professional Surveyor and Mapper L' Florida License number LS4609 u This sketch end description is not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. u � r THIS SKETCH IS NOT A SURVEY . JENSON SKETCH AND DESCRIPTION = v, somouwwnN-n�uman,c FLORIOA POWER & LIGHT CASEMENT r w.r war ai•u www e.,._ GRIFFIN ROAD STATION ,.,.,.„e„ RROWARD COUNTY, FLORIDA APR-13-1999 15:23 7680117 P 0B L L i� t r, r 7 04/13/99 1VR 14:17 FAX 7e40117 eR1N9111 Na LANNY ,Up fdOa9 GEE & JENSON TRY-COUNTY COMMUTER RAIL AU anms_Mwrtcn-nuwasne Job N0. 95-511.51 �."�inaor .m w rnu.n ew FT:BRUARY 10, 1999 DESCRIPTION DRAINAGE EASEMENT FOR TRI-COUNTY COMMUTER RAIL AUTHORITY A 15 fool wide strip of land being o portion of Lots 9 thru 17 of Block 10 and o portion of the 20 fool wide alley in said Block 70 according to the plat of "UNIT NO. 2 HIGHLAND PARK" as recorded in Plat Book 12, Page 29 of the Public Records In and for Broward County, Florida and lying in Section 33, Townshlp 50 South, Range 42 East, City of Dania Beach, Broward County, Florida, the centerline being more particularly described as follows; ' Commencinrq at the Northwest corner of said Section 33; thence North 87*2552' East along the North line of said Section 33. for 916.04 feet; thence South 0643'38' West along the West Right- Of-Way line of the South Florida Railroad Corridor as shown on the Florida Deportment Of Transportation Right-Of-Way Mop section 86070-2453. for 707.31 feet; thence North 83'3247" West for, 200.70 feet to the POINT OF BEGINNING of this description; thence South 39'42'13' West along the centerline of said 15 foot wide strip of land, for 220.00 feat to the POINT OF TERMINATION of said 15 foot wide strip of lend. The sidelines of said 15 fool wide strip of land being lengthened or shortened so as to form a strip of land 15 feet In width and bounded on the North by a line bearing North 8332'47' West. Containing 3,300 square feet (0.08 acres), more or less. Pogo 1 of 3 M1r M5M\O,.Tff\Yw-IyI MY. ' NPR-13-1999 15:23 7660117 P.09 L f 7�- r, 7 07/IJ/BN n'E 11:27 FAX 7630117 BRINK UN ticNF]Vifn' ,LLY P.O.C. t. I�010 N.W. Corner of Se[(IOn 33 •. . _ _- N87'25'52"E�916.04' GRIFFIN ROAD v-- Norlh line of Section 33 I 1110 7 8 9 11 12 13 0 _ o 8 9 1 2 3 4 n o � � n PINE STREET UNIT NO. 2 n s HIGHLAND PARK v k Q P.B. 12, P o: •'�� C za v 1 23 79 \p 47 H 2 78 22 e 3 z' � 77 21 u 4 a o c c 76 o Z0 n g 5 a ^ 3 75 RI-R IL 19 74 b 6 SITE a " 73 en 72 B P. ¢ 0 m 71 17 v y q d 70 B3 3 ' 1 a 11 47'W 6 100. 68 I 5 67 15 _o $ 4 3 66 5, 64 6 S3942'13•W1220.00, tf 'THE NCL PLAT 1 (J. EASEMENT) c P.B. 150, PG. P.O.T. 18 UNIT NO. 2 HIGHLAND PARK 100 CITY OF DANIA BEACH P.B. 12. PG. 29 ROAD RIGHT-OF-WAY LECOW AS PER DESCRIPTION BY CRAVEN THOMPSON P.aC POINT EF CGLA R EX ENT & ASSOCIATES. JOB N0. P.om: P F PM1 OF aEEM 96-0011. DATED 6-6-97 VERMINAWN RIN WIT-OF-MY PB PLAT BOOR ' O O. CWAL KE=BOOK PACE F-10 F. FLORA DEPARIMT OF IR/f1rWTAn0V D DELTA ANR,E o R fUOXA L ARC LENOM 4 crwnut THIS SKETCH IS NO7 A SURVEY 9 am GEE & JENSON SKETCH AND ORA �DESCRIPTION , y,� `�'r°_O�"`H'rt'i•'+'�•aw u�•r TRI-COUNTY COMMUIERM RAILFA�UTHORITY .+.J1D_ ""�••�•••.• BROWARD COUNTY, FLORIDA ZJy 9 APR-13-1999 15:23 76B0117 P.10 4_ n y F 04,17/9e TUE 11:29 PAL 79ee117 BRINKLEY 11000EV .LLe NOTES 1) This is NOT o survey but only a graphic depiction to accompany the description shown hereon. There has been no field work, on-slle inspection of the subject property or monuments set in connection with the information shown hereon. 2) Dimensions shown hereon are in feet and decimal parts thereof and ore based on lho dermition of a foot as adopted by the United Stales Bureau of Standards and refer to the horizontal plane. 3) Bearings shown hereon are referenced to the West line of Parcel *B' of the plot of 'THE NCL PLAT" as recorded In Plot Book 150, Page 50 of the Public records in and for Broword County, Florida which bears South 06'43'36" West. 4) The sketch and description shown hereon was prepared without the benefit of a title examination or search and Is based on information provided by the Client and/or agents of the Client, subsequently the undersigned and Gee k Jenson Engineers-Architects-Planners, Inc. make no representations or guarantees as to the information reflected hereon pertaining to Easements, Rights-Of-Way, Setback lines, Reservations, Restrictions, Agreements and other similar matters which should be obtained and confirmed by others through appropriate title verification. 5) There may be documents recorded In the Public Records that benefit or encumber the lands shown hereon that ore not shown on this sketch and description. 6) There may be existing Agreements, Easements. Rights-Of-Way, Restrictions, Reservations and other similar matters that are not retarded in the Public Records which may affect the lands shown on this sketch and description. CFRTIFICATION I hereby certify that this sketch and description was mode under my responsible charge and was prepared In accordance with the Minimum Technical Standards far surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61017-6 Florida Administrative Code, Pursuant to Section 472.027 Florida Statutes. For the firm of Gee fx Jenson Engineers-Architects-Planners, Inc. Florida Certificate of Authorization number L82934 JAMES A. DAVIS Professional Surveyor and Mapper Florida License number LS4609 0 This sketch and description Is not valid without the signature and Sthe original raised seal of a Florida Licensed Surveyor and Mapper. THIS SKETCH IS NOT A SURVEY GEE & JENSON SKETCH AND DESCRIPTION «, ,w DRAINAGE EASEMENT FOR rn iK ,,,e� ,an R„nO1,,,;iiewr TRI-COUNTY COMMUTER RAIL AUTHORITY 7y_gg BROWARO COUNTY, FLORIOA RPR-13-1999 SS:24 7660117 P.11 L .. _f C-- r 7 r 0//IJ/ell 'flip L4:2E FAX 76e0117 ORINIlLEV' XWI7U73V all IQ Ol: 951-79k1-7962 IMIfEERRIZ 307 pit FPR 05 •99 09:10 ! I GEE $ JENSON TRI-COUNTY COMMUTER RAIL AUTHORII Job Na 90 50&19 wamu° n" Chkd:- -Aprv. "....nsn vwrmrwu JNtUARY 28. 1990 BMIPTM ACCESS EASEMENT BROWARO COMMUNITY COLLEGE A 40 foot wide strip of land being o portion of Lets B and 9 of Block 10 and a portion of Lot 17 of Block 11 and o portion of Ridge Avenue according to the plot of 'UNIT NO. 2 HIGHLAND PARK" as recorded in Plot Book 12. Page 29 of the Public Records in and for Broward County, Florida and lying in Section 33. Township 50 South, Range 42 East, City of Donla, Broward County. Florida and being more particularly described as follows: Cammencinq at the Northwest corner of said Section 33; thence North 872552" East along the North line of Sold Section 33. for 916.04 fact; thence South 06.43'36' West along the West Right- Of-Way line of the South Florida Railroad Corridor as shown an the Florida Department Of Transportation Right-Of-Woy Map section 66070-2453, for 667.31 feel to the POINT OF BEGINNING of this description; ... thence continuing South 06'43'38" West along sold West Rlght- Of-Woy fine of the South Florida Railroad Corridor. for 40,00 feet; thence North 6332'47" West departing sold West Right-Of-Woy line of the South Florida Railroad Corridor, for 252.20 feet; thence North 22'13'40" Eaif-fof 41.57 feel; thence South 8392'47' East, for 241.10 feel to the POINT OF BEGINNING. - Containing 9,866 square feet (0.23 acres), more or less. I Page 1 of 3 F T .." APR-13-1999 15124 7680117 P.12 L f r, a r, UI IJi9R ITF 14:26 FAX 7640117 9RINBISY N<NF]ULP ,LLP IAUIJ L54-298-7•X2 ENOIAE IM Wl N12 0."N 96 '99 89,IN I P,O.C. N.W. Comer of Section 33 N87'25'52� - GRIFFIN ROAD _ — North line of Section 33 1 0 a n 11 10 7 8 9 11 12 13 m 0 u w 8 9 1 2 4 5 6 u UNIT N0. 2 01a PING STREET HIG14LiND PARK P.D. 12, P w a a 23 roti 79 1 2 c 41 u 22 c 78 3 lu + a L 5 21 d 77 ¢ c rn 4 yy� _= c 20 76 �m 5 � ., 75 RI-R R 19 6 74 SITE ^p 7 �d 72 1 57' P.O.B. 1 ' 71 4O 7 0 70 f1 262.20' g 12 16 d 68 !3 0 a 67 U T NO. 2 15 ; a 14 AND ARK ;; 6 1$ 12. P . z 74 PARCEL 'B' 64 ITY OF DANIA BEACH y o "THE NCL PLAT" ROAD RIGHT-OF-WAY �.4.• P.B. 150, PO SD AS PER DESCRIPTION 8Y CRAvEN THLN4PSON too' k k ASSOCIATES, JOB NO 86-0011. DATED 6-8-97 IEGM a PAS I M OrPAR Of 0 IO4919111 AfN RIQR-OF-My P,B RAT 9001t £^ OM QFFIG l RIMM 30G, ] F PC PAC( 2 FOOT. RDWA AEONITNENT OF MANgry1TAAtl1 a 0 RAM ANGLE C 1 in LENGTH 7 Q MWIMILM 51. THIS SKETCH IS NOT A SURVEY SEE & JENSON SKETCH AND OE=SCRACCESS EAS %-6on1: FOR BROWARD C M0BROWARD C NT2r3 APR-13-1999 15:25 76B(d117 P.13 L r T-- 7 F " Ul�l.f�911 7l'H 11:2e FAA lee UI17 BRIwx LLI' jw AJ WN1' ,ILY bu--rut-7`3G� FJz:I rf2RIfAi IPJ U11 397 P13 mR ab '99 W;1e NOTES 1) tl is NQ on o survey but ly the Iris a graphic depiction to accompany the esc ipticn shown hereon. There has been no field work, on-site fnepealfm of the sub lact property or connection with the Information shown hereon.monuments sat in 2) Dimsnsinos shown hereon ere in feet and decimal ports thereof and ore based on the definition of 0 foot as adopted by the United States Bureau of Standards and We, to the horizontal plane. 3) of the s shown hereon ere referenced to the West line of.pprr •B" of the plat of `1HE NCL PLAT' os racarQed in Plal Book 150, Page 5o of the Public records In and for R/OwOfd County, Florida bears South 06'43'3a" vast. , which 4) The sketch and description shown hereon was prepared without the benefit of a title examination or search and is based on Information Provided by the Gimt and/or agems of the CJfent, subsequently the undersigned and Gee & Jenson Engineers-Architects-Planners, Inc, make no representations or guarantees Os to the fn formgthn reflected hereon pertaining to Easements. Rights-Of-Way, Setback lines, Reservations, Restrictions, Agreements and other simMatterilar appropriatetch shoull title verificationbe btahed and confirmed by others through 5) There may be documents recorded in the.Public Records that benefit or encumber the lands shown harem that ore not shown on this sketch and description. 6) Thera may be existing Agreements, Easements, Rights-Of-Wqy, Restrictions, Reservations and other slmildr matters that ore not recorded In the Public Records which may Offset the lands shown an this sketch and description. CERTIFICATION I hereby certify that this sketch and description was made under my responsible charge and was prepared in accordance with the Minimum Technical Standards for surveying as act forth by the Florida Board of Professional Surwyere and 3 set a In Chapter 61G17-6 Florida A.dminietrative Code, Pursuant to Section 472027Chapter k Florida Statute$. c For the firm Of Gee & Janson Engineers-Archilecte_planners, Inc. Florido CwtlRcats of Authorization number L02934 JaW.. . a_ 3_� a JAMES A, DAMS PfOfessiO1101 SuN< and Mapper 4 Floede License number LS4609 x ffiThis sketqh and description is not wild without the signotur$ end fgS 7t the oilginbl raised seol of o Florida Licensed Surveyor end Mapper. 1: � R THIS SKETCH IS NpT A SURVEY € GEG dt s��'rQN SKETCR AND OA EISI TTtON "r+r "_'_ anrexrwZ1 FOR BROW RpSS E " eo`4re errs rrwmrrwer., RROWARD COUN7TAYNLRGE thO10 3r3 APR-13-199g 15:25 7680117 —_ P.14 f L y 04/13/99 T06 14:29 FAX 7680117 BRINKLEY MCNERNEY ,LLP IA015 10-89-1799 1V1041 Tri-Rail Procurement 554 728 5534 P-02 INTERLOCAL AGREEMENT BETWEEN THE TRI-COUNTY COMMUTER RAIL AUTHORITY AND THE CITY OF DANIA FOR LEASE OF PROPERTY FOR TRI-RAIL STATION RELOCATION SITE This is an agreement between the Tri-County Commuter Rail Authority, an agency of the State of Florida, ("Tri-Rail Authority"), and the City of Dania, a Florida municipality situated in Browerd 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"). WHEREAS, Coonas Property Company, a Florida corporation, proposes to develop the Sportsman's Park (commonly known as the "Bass Pro Development"), consisting of the Bass Pro Shops Outdoor World ("Bass Pro Shops") and the International Game Fishing Association Hall of Fame ('IGFA"), in the City of Dania adjacent to 1.95 and Griffin Road; and, WHEREAS, the current site plan for the Bass Pro Development, prepared by Post, Buckley, Schuh &Jernigan, Inc., 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 (a copy of the site plan is annexed and made a part of this Agreement as Exhibit A); WHEREAS, the City, by Resolution No_ 04-96 (adopted January 9, 1996), approved a developer's agreement between the City and the Coonas Property TrWI RM Agm0n -k tIIM" EXHIBIT APR-13-1999 15:26 7680117 P.15 4- - f F, T _1 04/13/99 TUB 14:30 FAX 7630117 BRINKLEY HeNERNEY ,LLP raj 0le 10-ea-1998 11:IeAm Tri-Ralf Procurement 954 720 9534 P,93 Company for the construction of certain roadway improvements in connection with the Bass Pro Development and the relocated Airport Station (a copy of the resolution and agreement are annexed and made a part of this•Agreement as Exhibit 8); and, WHEREAS, the City, by Resolution No. 05-96 (adopted January 9,-1996), approved a tri-party agreement between the City, the Coonas Property Company and Broward County for the construction of certain additional roadway improvements in connection with the Bass Pro Development and the Airport Station (a copy of the resolution and agreement are annexed and made a part of this Agreement as Exhibit C); and, WHEREAS, on March 8, 1996, Tri-Rail Authority's Board of Directors conceptually endorsed the relocation of the Airport Station, as shown on an earlier site plan, which is substantially similar to the site shown on the current site plan; and, WHEREAS, the City will provide sufficient clean and usable fill for the construction of the access road to the Airport Station, and for two parking lots which will serve the station. NOW, THEREFORE, in consideration of the foregoing recitals and the provisions of this Agreement, the legal sufficiency of which is acknowledged by the parties, the City and the Tri-Rail Authority agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein. Trill WAgiae"M,1 NN 2 APR-13-1999 15:26 7680117 P.16 L .. f r 7 04i13/99 ITE 14:30 FAX 7680117 BRIN%LEY McNERNEY .LLP [A017 y 19-05-1995 U:11RM Tri-Rail Procurement �� 4 P•� 2. The City agrees to lease to the Tri-Rail Authority the land designated in the site plan for the Airport Station, which includes the Tri-Rail east and west parking areas, access to and from-the station and the parking areas, and land adjacent to the parking areas, the station and 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 acceptance of the improved sites by the Tri-Rail Authority and run for a period of fifty (60) years. The specific consideration for the lease will be the relocation, operation and maintenance of the Airport Station to the property lying within the South Florida Rail Corridor right-of-way and the construction, operation and maintenance of the east and west parking areas and related facilities lying within the leased property by the Tri-Rail Authority_ The parties contemplate, subject to a further agreement between them, that a portion of the leased premises may be usedby Tri-Rail Authority for passenger-related commercial uses. A memorandum of lease acceptable to both parties shall be executed substantially in the form attached hereto as Exhibit E, and recorded in the 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 Ani Ag,aemem I11W 3 PPR-13-1999 15:26 76M117 P.17 7 • , 04/19/00 TLIB 14:91 FAX i68i1117 ,,,--- ,,-BRINKLEY MCNERNEY LLP 14018++• ,w »>`� r'•es east and west parking lots, and areas for access to and from the station and the parking areas. The scope 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 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; lb) filling and compacting the parking lots, the design of which is correlated to the design of a 400-linear foot station, and access to the public roadway right-of•wey with suitable material and in accordance with construction standards established for Broward County surface parking facilities; (c) filling and compacting the areas for access to and from the station and the parking areas; (d) filling a portion of Tigertail Lake to provide a site for the west parking area; (a) shaping, sloping and contouring the parking lot surface areas, the access to and from the station and the parking areas, and the station; (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 (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 T"deli Agreement,I I M Me 4 APR-13-1999 15:27 76BO117 P.1B l .. r s -r r 04/13/99 TUB 14:31 FAI 7680117 BRINK.LEY MCNERNEY ,LLP __ . .__ .,� IA019 is the responsibility of either Broward County or Coonas Property Company, tinder the agreements in Exhibits 8 and C; (b) finished grading for the work, or providing drainage and storm water retention structures for the Airport Station and related facilities (except the City will provide a suitable drainage outfall at the west parking .lot and 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 installing utilities at, at the site; and (a) any other improvement not specifically undertaken by the City in this Agreement. The City shall notify the Tr(-Rail Authority of its construction schedule, provide the Tri-Rail Authority with construction plans and give the Tri•Rafl Authority a reasonable opportunity to review and comment on means and methods of construction. The City and the Tri-Rail Authority will cooperate with each other in planning for, and coordinating, the possible expansion of the Airport Station to 800 linear feet, the design and construction of the parking lot areas and related improvements based on an 8004inear foot Airport Station design, and the addition of 2 more rail lines within the existing South Florida flail Corridor. The City shall not tie obligated under this Agreement to incur costs in connection with such possible alternative Improvements. The City shall require Its Independent dredging contractor to coordinate dredge YAd ft6i AgieameM,ltR4�J6 5 APR-13-1999 15:27 7680117 P.19 1- f s 7 r 04/13/00 TUE 14:31 FAX 7680117 ._ __ BRINY.LEY MCNERNEY .LLP 10020 operations with the Tri-Rail Authority and to avoid over-dredging Tigartail Lake In the area adjacent to_the South Florida Rail Corridor right-of-way in a manner that will destabilize the existing rail lines or require back filling for any future work to construct to additional rail lines. 4. The leased area will be of sufficient size to accommodate not less than 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 acceptance of a final revised site plan depicting the number of parking spaces in the parking areas without the necessity of amending this Agreement. The Trl-Rail Authority shall have 'the exclusive right to use the east and west parking areas; provided, however, a reasonable number of parking spaces shall. be made available to the Broward County Community College ("BCCC") at the west parking area, pursuant to a separate lease agreement between the Tri-Rail Authority and BCCC, for use in connection with the Tigertail Water Sports complex„and the City reserves the right to use a reasonable number of parking spaces at the west parking area for municipal purposes so long as at least 300 parking spaces are available for use by the Tri-Rail Authority. , 5. The Tri-Rail Authority shall, at Its expense, construct station, parking and related improvements within the lease and the South Florida Rail Tried nail Agr emca 11MM 6 APR-13-1999 15:27 7660117 P•20 L .. f S� s r, ' Y 7 _7 04/13/99_ TUE_14_32 FAX 7680117 _ BRINKLEY HcNERNEY .LLY r nn 1Q 021 Corridor areas upon acceptance of the buildable sites by the 'rri-Rail Authority. The Tri-Rail Authority shall not unreasonably refuse to accept the Sites, and it shall be under a duty to accept the sites upon the issuance of a certificate of completion by the appropriate governmental entity unless It demonstrates that the sites are not filled and compacted In accordance with construction standards established for Broward County surface parking facilities. The design and cost of 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. 6. The Tri-Rail Authority's obligation to construct the station, parking and related Improvements is contingent upon the availability of COMAQ/ISTEA (Congestion Mitigation Air Quality Funding as part of the Intermodal Surface Transportation Efficiency Act) and FOOT funds. In the event the City incurs costs under this Agreement prior to obtaining written confirmation from the Tri-Rail Authority that the COMAQ/ISTEA and FDOT funds are committed and available, it does so at its own risk and the Tri-Rail Authority shall not be obligated to relocate the Airport Station to the site or to incur any costs in the absence of suAh funding. The Tri-Rail Authority shall confirm in writing, upon receipt of a request from the City, the availability of COMAQ/ISTEA and FDOT funds in amount sufficient for the Tri-Rail Authority to perform under this Agreement. The Tri-Rail Authority's T641 oar AgreemaM.I4A W 7 PPR-13-1999 15;28 7660117 P.21 L .t r s r 7 7 04/!J/OB TU8 14:32 F.0 7680117 BRINALEY gcNE&NEy ,LLP obligations under this Agreement are also contingent upon the commencement of construction of the certain roadway improvements in connection with the Bass Pro Development ane the Airport Station, which are identified in the agreements In Exhibits B and C, the commoncement of construction of the Bass Pro Development and the issuance any necessary, railway track-crossing approvals by the Florida DepartMant of Transportation (FDOT) and Federal Transit 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 construction of the station, parking areas and related Improvements in a timely manner and to waive all fees in connection herewith. 8. The City agrees to cooperate and to easist the Tri-Rail Authority in any way possible to develop the Airport Station facilities. S. Miscellgianus 9-1 &xecutien Dete ---- The data of execution of this Agreement shall mean the last day upon which it becomes fully executed by City and the Tri-Rail Authority. 9,2 Join Preearat; ---- � —• The preparation of this Agreement has been a joint effort of,the parties, and the resulting document shall not be construed more severely against one of the parties than the other. 9.3 Ptltther Assuranc`. The City and the Tri-Rail Authority agree to execute, acknowledge, deliver, and cause to be done, executed, Trial oat Agm "m.7 imm a RPR-13-1999 15:28 7680117 P.22 1 .. f L s r, r 'f t 04/13/99 TLE 14:32 FAX 7680117 BRINKLEY MCNERNEY ALP IQ 02J acknowledged, and delivered, all such further documents and perform such acts as shall reasonably be requested of either of them to carry out this Agreement. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, -the parties declare thrir intention to cooperate with each other in effecting the terms of this Agreement. 9•4 if lie Isof Essence, The parties acknowledge that time shall be of the essence in this Agreement, Subject to the provision of paragraph 10, this Agreement shall terminate, and no party shall have any obligations to the other under this Agreement, in the event that the time requirements in paragraph are not met by June 1, 1988. 9,6 a ill . If any term or provision of this Agreement is for any reason held invalid by a court of competent jurisdiction, such term or provision shall be given its nearest legal meaning or be construed or deleted as the court determines, and the holding shall not affect the validity of the remaining portions of this Agreement unless the holding results in a material failure of consideration given by any party. 9.8 uri , tion. The City and the Tri-Rail Authority irrevocably submit to the jurisdiction of the Florida Seventeenth Judicial Circuit Court or the Fe Oeral District Court for the Southern District of Florida In any claim or action arising out of, or relating to, this Agreement. 9.7 A 's Fees. In any claim or action between the parties arising out of, or relating to, this Agreement, the prevailing party shall trial Ft"Agreement I I/9/90 9 . PPR-13-1999 15:26 7660117 P.23 f ■ r y 04/13/99 TUE 14:33 FAX 7680117 BRINKLEY VNERNEY .LLP be entitled to recover from the non-prevailing party all reasonable attorney's fees, paralegal expenses, investigative costs, court costs and other necessary costs incurred by the prevailing party at the pretrial, mediation, trial, post-trial, appellate, execution and enforcement stages of the litigation. 9.8 Relationship, of the Parties. Except as set forth herein, no party shall have any responsibility whatsoever with respect to the obligations assumed by the other party under this Agreement. Each party is and shall be in the performance of all work and obligations under this Agreement independent, and not an employee, agent, or servant of the other party. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to the contracting party's sale discretion, supervision, and control. Each party shall exercise control over the means and manner in which it and its employees, contractors and subcontractors perform the work. 9.9 No Contingent Fee. Each party warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for that party, to solicit or secure this Agreement. 9.10. Compliance with Law. Each party shall conduct and execute the work under this Agreement In compliance with all applicable federal, State and local government laws. TNI Rau Agnamunc maw 10 PM-13-1999 15:29 7680117 p,24 L .r f r 7 7 04/15/00 ITS 14:33 FAX 7680117 BRIN%LEY MCNERNEY ALF U 025 Conflict, Where there is a conflict between any provision of this Agreement and a more stringent federal or State provision which Is applicable to any services performed under- this Agreement. the more stringent federal or State provision shall prevail. In• the event there is a conflict between any provision of this Agreernont and subsequent construction Contract Documents, the terms in this Agreement shalt prevail over all other documents. i { Trial Rail A9rumeiu,111"6 11 APR-13-1999 15:29 76BO117 P.25 L r, ' r 7 04/19/00 TEE 14:33 FAX 7680117 BRINKLEY NCNERNEY ALP VI 026 10. _Incontrollable farces. Neither City nor the Tri-Rail Authority shall be considered to be in 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 reasonable diligence, the non-performing party could not avoid. The term "uncontrollable forces" shall mean any event which results In the prevention or delay Of performanco by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- conforming party. It includes, but Is not limited to fire, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance Is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall within a reasonable time of being prevented or delayed from performance 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. Teat RMI Agmenmm i vue 12 APR-13-1999 15:29 7660117 P 26 L .! f f, 7 f 04/1.7/80 T11E 14:33 F,4S 7680117 _-_BRIN1iLE]' MC*IER1B1' ,LLP 11. All notioeslcarrespondence shall be sent to: City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Attention: City Manager Tri-County Commuter Rail Authority 305 S. Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33301 Attention: Jeff Jackson TRI-COUNTY OMMUTER fWIt. AUTHORITY By: Cero aberts, Chair ATTEST; By:Gilbert LZu . �— --er�`"7'ij fit-• �r et�. o rt, :ecutive Directo Approved as to form by GARY M. BRANDENBURG, General Counsel Carlton, Fields,.Ward, Emmanuel, Smith & Cutler, P.A. Post Office Box 150 West Palm Beach, Florida 33402 Telephone: (561) 659-7070 Telecopie ( 1) 659.7368 By: A E ERG General Counsel r1w Rail agreemuR,I Y/"a 13 APR-13-1g99 15:30 76843117 P.27 L f r y 04/13/99 TUB 14:34 FAX 7680117 BRINKLEY MCNERNEY .LLP CITY OF DANIFlorida ATTEST: Munlc -a-,an MARIE JAB E . 8 IND CITY CLERK-AUDITOR AYOR I ER MIC L W CI AN E APPROVED FOR FORM AND CORRECTNESS BY: EARL G. GALLOP, SPECIAL. COUNSEL dani MM-r9A11ntrI002.80t Trial Pall Agmemern,14/0/B9 14 APR-13-1999 15:30 7660117 P "8 j i. -r Oa/1Ji98 1116 11_34 FAX i680117 .. »y . ,-M �34 1�{0.8 / BRINKLEY MCNERNEY ,LLP o Y i S x VP ♦ ti � Yg�_ �\N j ...% :; .. IM _ . .... 1 In. .................. i2............ y`�.:..22: ............... to I : z . ::::::::::: skM 1 . .......................... ..'ml1"uT,R 1 , \,,;,....... .... .........\. [gym ,K� MMn 1, . e i::........... . < x EXHIBIT 4rdAl.. p!�Og�4g �_ o APR-13-1999 15:31 76B©117 P,29 I- j i-- t, r '7 f 7 rdaJo 04/1J/99 TOE 14:J5 FAX i88011 BRIIi LEY MCNERNEY ,LLP ,�, ,� ».:., r.iv RESOLUTION NO, 04-96 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE DEVELOPERS AGREEMENT BETWEEN THE CITY OF DANIA AND COONAS PROPERTY COMPANY FOR THE CONSTRUCTION OF CERTAIN ROADWAY IMPROVEMENTS IN CONNECTION WITH THE BASS PRO DEVELOPMENT, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH gE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THH CITY OF DANIA, FLORIDA; Becton j. That the Developer's Agreement between the City of Dania and Coonas Property Company for the construction of certain roadway Improvements in connection with the Bass Pro Development, a copy of which is attached hereto and made a part hereof as 'Bxhibft A', Is hereby approved by the City Commission of the City of Dania, Florlds, and the appropriate city officials are hereby directed to execute same. ggAign 2. That all resolutions or parts of resolutions in confilet herewith be repeated to the extent of such c0ri fact glgZkM.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 .. 1995. ATT ST: f�- OMLMJSSIONER CITYCLEERI -AUDITORMAY APPROVED FOR FORWAND CORRECTNESS By:. n Frank C.Adler, City Attomey EXHIBIT "B" P.30 PM-13-1999 15:31 7Fi80117 L f 4- r T ti �r 04/13/99 TUE 14:35 FAX 7680117 BRINKLEY McNERNEy ,LLP WIU31 "EVE iEL OPER'S A GREEMEN T' THiS AGREEMENT dated of panic a Political subdivis 1996 by and between the City ion in the State of Florida ("city")'and Coonas Property Company ("Coonas") a Florida corporation. WHERFAS,Coonas owns a certain 45 plus acre parcel located in the City of Dania adjacent to 1-95 and Griffin Road ("Exhibit "A"), WHEREAS;The Coonas property is planned to be developed as a Bass Pro Sportsman's Park with approximately 200,00a square feet commercial/retell area and 50,000 square feet of office attraction. (See attached Project Site Plan). WHEREAS, the City[sin 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 benefits to the residents of the City. WHEREAS,in consideration of the development of the Coonas Property as a Bass Pro Outdoor World Project, the parties agree to the following: 1• The Coonas Property will be developed as a Bass pro Outdoor World containing approximately 200,000 square feet of commercial/retail space and 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.j 2- The City acknowledges the projected uses of the Project and has approved these uses at a City Commission hearing on October 10, 1995. The projected uses of the Bass Pro Project include the following: I. Retail store 2 Indoor/outdoor display for sale and repair of boats and/dr recreational vehicles 3• Inside shooting gun range (including ammunition storage) 4. Outdoor fishing exhibition 5. Indoor/outdoor restaurants 6• Aquarium 7• Fishing museum 8. Golf driving range 3' The City recognizes that Bass Pro conducts"tent sales" several times throughout the year. These are extremely important events for Bass Pro, The City approves the concept of the erection of tents on the propermhlonty on a temporary Cove oval understanding COse f that h with e City oyr;rnpose the reasonablenrestri tons onthe said tents for APR-13-1999 15:31 7680117 P.31 f L or r, r 7 04/13/88 771E W36 FAX 7680117 . . BRINKIEY MCNERNEY ,LLP »r 0032 safety purposes and to minimize any adverse impact on other restdents of the City. 4. The construction of the buildings on site will meet the requirements of the South Florida Sugdtng Code. The height of the buildings are not expected to exceed 75'. Coonas acknowledges that the height of the buildings will require FAA approval. 5, The patties acknowledge that an important ingredient of the success of the project is visibility,and signage. The City acknowledges this fact and agrees to approve any proposed signage for the project that reasonably complies with the Citys signage regulations. MOT approval is necessary for signage abutting 1-75. 6. The City approved fhe relocation of the wetland area of approximatety 3 acres for the Coonas property to an area contained within the Ttgertail Park on October 10. i 995. 7• The City agrees to give Broward Community College proper notice to relocate their present facifities in Tigertal Park, .B. The City agrees to, at no cost to Coons, provide sufficient clean and useable ni I for the construction of the access road as described herein, as previously agreed to, ono for the proposed IGFA site and Tri Roil relocation site. The City agrees to commence the RFP for the fig operation no later than December 011996. 9. The City agrees to locate the access road from Ravenswood Road Into the Coonas property at between 750- 1,000 feet from the centedine of Ravenswood Road at Griffin goad (access Road). The access road will be a dedicated city road extending from Ravenswood Road to west of the ragroad tracfs as depicted in the site plan (&Jlbh Bj, The access rood will serve the Project as weg as the Td Rail relocated facility. The City VAT provide ag of the necessary 1M required for development of the access rood. 10. The City will assist Coonas In any Way possible to develop the Project and the access road. 11, Broward County has authorized the use of zone 5 roadway impact fees for construction of the Access Road and necessary improvements to Ravenswood to accommodate the projected traffic associated with the Tri Rag station and the Project. The development and construction of these improvements W11 either be accomplished by Broward County or Coonas, The City agrees to assist Coonas and/or the County with the Ravenswood Road right Of way,relocation of Broward Community College activities on Tlgertag Lake, providing fig material for the Access Road and Ravenswood Road as necessary, assisting In acquiring the necessary right of way on Ravenswood Road to wR-13-1999 15:32 7CB0117 P.32 r 7 04/13/90 IT6o 4:36 FAX 7680117 BRINKLEY McNERINEY ALP ICJ 033 rMn m,-rtaa rracurem nt 954 728 $5Z4 P.29 accommodate the Improvements. Right of way acquisition costs shall be paid by Broward County as a cost of the road improvement project. 12. The City agrees to rename existing adjoining City streets and the adjoining park to a name designated by Coonas. 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 an site on May 26, 1995, 14. The City will allow Bass Pro to use the lake located at 1lgertall Park for 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 �• By: Ya i aleerCity Clerk YC Cayor BY . isfae tY Rana`ger Witness Michelle Liatiw AP ROVE F BM AND CORRECTNESS ; BY ran , City Attorney CCONAS PROPERTY CO AN Witness Witness PPR-13-1999 15:32 7680117 P.33 f ■ r r RESOLUTION NO. 89-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TRI-PARTY AGREEMENT BETWEEN 13ROWARD COUNTY, SPORTSMAN PARK, INC. AND THE CITY OF DANIA FOR THE USE OF 13ROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF DRAINAGE EASEMENT; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Tri-party Agreement between Broward County, Sportsman Park, Inc. and the City of Dania for the use of Broward County Roadway Impact Fees for road improvements and grant of drainage easement, a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Sects 3_. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 24 DAY OF JUNE 1997-;- L/L ��T: MAYOR-C M ISSIONER CITY CLERK UDITOR APPROVED AS TO FORM AND CORRECTNESS: U i Y A TORNEY RESOLUTION NO. 89-97 EXHIBIT "C" L t f r h ' r 7 Tit001 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 This is an Agreement among: BROWARD COUNTY, a political subdivision of the State of Florida, its succesr:ofs 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"; - c AND C. SPORTSMAN PARK DEVELOPMENT COMPANY, its successors and assigns, hereinafter referred to as "DEVELOPER." 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 1-95, and situated within the CITY, hereinafter referred to as the "Property", on which parcel of land Developer contemplates the construction of Bass Pro Shops regional headquarters which 1 Approved BCC IiL 2L 2•,r Submitted BY _,C�c� . J4:2 RETURN To ;r t:U i NT CONTROL 3} r- ... f 4- r 7 7 , . 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 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 2 r 4-- r 7 7 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 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 Drainage Easement; and WHEREAS, the City agrees to grant County the right to utilize the City's Tigertail Lake to 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 .If 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 foRh on Exhibit "A" located in the City of Dania, Broward County, Florida. It is Developer's intent to aid in the construction of the Roadway Improvements in order to facilitate the transfer of the Td- 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 BROWARD COUNTY PR I IRt= O MENT CODE 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. 3 r 7 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 ccnsfruction 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 Imprdvements, 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 Plansl for the expansion or construction of the Roadway Improvements in accordance with all applicable standards and specifications of the appropriate governmental agency having jurisdiction over such Design Plans. 4 f C s r 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 (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. 9. RIGHT-OF-WAY ACQUI ITION. 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: (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-Nay 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 T." 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 survey 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 5 t- f L s r f y r 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) caiender 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 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 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 purchase or sale with those parties having compensable interests in such Right-of- Way or condemnation shall be paid from any balance remaining in the Fund Monies. 10. CONSTRUCTION. Concurrentty 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 Developer shall commence construction of all or part of the approved 6 f i-- ■ h r 7 _i Roadway Improvements Segment within 90 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,whichever first occurs. Completion of Construction shall mean the date the governing agency with jurisdiction of the approved Roadway Improvements accepts the Improvements. All 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 the construction of all or part of the Roadway Improvements in accordance with Chapter 255, Florida Statutes and Chapter 21, Broward County Code of Ordinances. Developer shall obtain County's approval for the payment and performance bond requirements prior to incorporating them into the construction contracts. Copies df the County standard form Performance Band (Form 00710) and Payment Bond (Form 00720) are attached as Composite Exhibit 7,and are incorporated into this Agreement. 11• VAILABILITY OF ALTERNATIVE FUNDING including, . Nothing contained in this Agreement 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 c alternative sources of funding, if any, to defray the costs of the Right-of-Way. c 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 o 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 and the County shall cooperate in the identification of and petition for the release or disbursement of any such alternative sources of funding. 12. DISBURSEMFNr Pt7nr�n� 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 later than the thirtieth (30) day of the same month. I !is event the Draw Request is not received by the County on the first day of the month, 7 f r 7 r� the County shall make payment to the Developer not later than thirty (30) days after 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 result of the foregoing. 8 i 7 r 15. 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 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, religion, color, gender, national origin, marital status, physical or 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 Il, 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. 9 r r '7 I ' (c) PUBLIC ENTITY CRIMES ACT 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 Properly to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor undera 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 C applicable federal laws. .r (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 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: 10 r r I' 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,Ooo.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(ias)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 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 11 r F f 7 ff -i I' --r / therewith, then County may terminate the services of Developer Contractor, exclude Developer and/or Contractor from and/or the the prosecution of the work out of the hands of Deveroject site and take the P 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 ot all d herwise and deliver or otherwise make available to County ata, 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 "Pon 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 y terminate this Agreement. 26. below, on the Property, the County ma Commencement of construction for the u actual, physical construction of site work o this paragraph shall mean the r the Bass oses fPro Development and hall 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 r underground drainage facilities. Developer and COUNTY agree to coodinate 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 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 order to carry out the intent of this Agreement and give effect thereto. Without in anin y manner limiting the specific rights and obligations set forth in this Agreem nt, he partieshereby declare their intention to theterms of this Agreement. cooperate with each other in the effecting of the 12 .r r: r -r 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, representations, and warranties as between the parties. 23. 6PPLICABLE 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. Captibns 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. 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. 28. NOTICES. All notices, requests, demands or other communications shall be addressed to the parties as follows: As to County: Broward County County Administrator 115 S. Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 13 x_ _f b r, f 7 1 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, federal express or other method of delivery, but shall be deemed to have been given only when received. 29. EXCUSE OF PERFORMANCE. Notwithstanding anything in this Agreement to the contrary, the Developers 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. 14 r er r 7 I' IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: Broward County through its 10ARD OF COUNTY COMMISSIONERS, s ning by and through its Chair, authorized to axecute same by Board action on the _ day of J 1997, and the City of Dania, signing by and through its Mayor duly authorized to xecute same, and Sportsman Park Development Company, signed by and through its President, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, THROUGH ITS BOAR OF COUNTY ISSIONERS County Administrator and Ex-Officio Chair Clerk of the Board of County Commissioners of Broward County, Florida �M10N�I�Ngiopcy�a 17 dayof 1)1�— 19 9 . c01AMIS �c •� : d� Approved as to form by ;ro CREATED , ' Office of County Attorney a V OCT.IST o Broward County, Florida _ JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 -x "XD coutm. 115 South Andrews Avenue Fort Lauderdale, Florida 33301 ^�f•+»' ` Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Assistant County Attorney c c C C l FPojl -�-224 coonas.a01 15 f f, r F his/s7 e 16 t T-- r, T. r 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 .2 DAY OF FEBRUARY, 1998. W,/TNE SE, f CITY OF DANIA mayor—commissioner J,P�/ ` ATTEST: City CZler By City ger (CORPORATE SEAL) APP� D AS TO M; By r �/ — City A rney U -- 17 t r, T 7 AGREEMENTAMONG 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 G NTS OF RAINAGE EASEMENT DEVELOPER - Wl S: B P nt Name: 2 rZ 117 % nI� L Title GJ TtGi�l P urn 04rJ print or type name Address: /l/iHti�l/ O f/A�E _rT• �A�,)�2i r� -2 3 3or print orttype name day of �a 2.6-H 1998 JF t� CN (CORPORATE SEAL) a` .,i STATE OF FLORIDA ) SS: COUNTY OF �1&0,6�aD ) The foregoing instrument was acknowledged before me this S day of iti2Gl4 , 19-q, by e. (L AM.q at AG 2 I 1 'S, Of SPORTSMAN PARK DEVELOPMENT COMPANY, 'a FL-O&IPA corporation/partnership on behalf of the corporation/pa nership. He orshe is personally known an oat me h. and who take Notary ub i S to of Florida print or type name My commission expires: jjNJNNJJIgJJpJ/NJdJNHJNINNJINJN •) ��\,0.Y�O��er Sr<Plxd Y.Ho�gp ;�y,l4kNSe Nolary f'uhliS Smw orFbeido < fW°fRla'd°�A9Y�ooml�mP��,'s! IJI 18 f r, 7 EXHIBIT A BASS PRO DEVELOPER'S AGREEMENT BETWEEN BROWARD COUNTY CITY OF DANIA AND SPORTSMAN PARK DEVELOPMENT COMPANY t. 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 roadway lighting. I. 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. 2. Access road from Angler's Avenue across the CSX Railroad, a four-lane divided facility. a. Roadway pavement and base course. b. Curb and gutter and sidewalks. f r C. Installation and/or adjustments to roadway drainage. d. Pavement markings and signings. 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. f L o� r, ' r 7 EXHIBIT B BASS PRO DEVELOPER'S AGREEMENT BETWEEN BROWARD COUNTY CITY OF DANIA AND SPORTSMAN PARK DEVELOPMENT COMPANY a r o c c c C f Ly ■ proposed wte e 11Y f ania ul 'lie z)[ale of Florida for any Portion of[fie pro ed 69111 Of w"'Pel C 0 D [lie State of Florida lay Owned by the City of Dania or aemn ............ ........ .... .............. ......... . ..... �A L,,X CJO 11;c J, TT T1 I I mo-. & An enlarged version of this Exhibit"B" ' file in'lie BrOward County Engineering Division at Room 321, 115 South Andrews Avenue,'Forl fi Lauderdale,Florida 33301. BASS PRO Sh,0,eS s h r 7 EXHIBIT C BASS PRO DEVELOPER'S AGREEMENT BETWEEN BROWARD COUNTY CITY OF DANIA AND SPORTSMAN PARK DEVELOPMENT COMPANY "DRAINAGE EASEMENT" .f r -1 I rr' C.S.k. R41LR - -- OAD ti°0 I N Q c i I ! '_ SCALE ' 1300— -uml OAD o ' UNPLATTED LANDS _ o F l I l 10' BROWARD COUNTY STORMWATER �i �I I I DRAINAGE EASEMENT J I � I THE NCL PLAT PARCEL "B" — i THE NCL PLAT _ - a PLAT 6ppK I50 PACs 50 F C. — I PARCEL "q" ..."ER'S PLACE AT 0AHI4 PARCEL 'A' � I 35=-I I "LTICERTAIL I •. kPROVE ESUBDIVISION P.B.30, PG.20 --- I_95 �STATEROAO 9� h° 260' F.P.L. EASEMENT 325 161eRSTATE (O.R.B. 1224, PC. 65, B.C.R.) (O.R.B. 394, PC. 510, B.C.R.) I Legal Description I Broward County Drainage Easement a I ° Exhibit "C" tk The north 10' of the south 325' of the N.W. T of 33, Township 50S, Range 42E, lying within Parcel "A" ofton o° a the NCL Plat as recorded in Plot D.)ok 150, page 50 of the public records of Broward Coul,ly, Florida, situate lying IgI II m and being in Uroward County, Florida, g. -� lit XC s r, i; . y „ � I I II i• I ' I iI u t[ nC ; ii 9,0 i i S\le 1 _ I d I it ' il !i PROPOSED 41' PIPE WSMA RT.BOX NOTE: Pipe size and dimensions areltentative ' • i ,. until final design. �I � )f , l ✓y M Cw.L.i e Mt - _ - 1,1 M. . i tl i wtnndeenmf.11plemid diu/.I.•Tfrq• 4b�' � —__ — _I •Wrtgf T ���_.. . _ J.._... —f••: _ :_._�� �f1�P F.M1..a.L,ilinlM,%I f'f11Tf 0�fInT.I�N..EtIt�Q I 1�- -- :r : ' :•.. ..•. I -: �. i.: i:,:i: iQ _ w•IL UGiIL•I ('Qixa MnlTi '-iuMiA'i 1:1'f{irelinum(, ..I!_.. �_.._ __ _ .�__ — .___. .. i v+• I ; �F _IPI� _.QL'Q�EtO_48:'.elP_Fx_tv/SMd.J._.B I - �_ 1ff_j � I I,iW� q,m �ewa(mi0- EXHIBIT W f , / ~ � GRIFFIN ROAD » m» . . �/ � 9 �wr \ `❑ / / � \ \�� � ; w a � :z c; - * / \ w « s � > ewmROAo \ ; DRAINAGE AREAS EXABIT E � = w » � r 7 F ' 0071( FORM OF PERFORMANCE BOND KNOW, I_L 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" f n ' r 7 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified 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 , 19 COMPOSITE EXHIBIT"F" f iti-- s r, r 7 ( -r 7 FORM OF PERFORMANCE BOND (Continued) WITNESSES: (Name of Corporation Secretary By (Signature anditle)T (CORPORATE SEAL) (Type Name and Title signed above) IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: COMPOSITE EXHIBIT"F" f C_ r 7 7 Y 00720. FORM OF PAYMENT 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, administrators, 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 COUNTYfor_ 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. Pays COUNTY all losses,damages, expenses, costs and attorneys fees includ- ing appellate proceedings, that COUNTY sustains because of default by COMPOSITE EXHIBIT"F" f r, r 7 r� rn 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 privity 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 privily 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 theperformance of the labor or delivery of the materials or supplies and of the nonpayment. 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" f i-- ti r 7 FORM OF PAYMENT BOND (Continued) ATTEST: (Name of Corporation Secretary By (Signature and Title) (CORPORATE SEAL) (Type Name and Title signed above) IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attomey-in-Fact Address: (Street). (City/State/Zip Code) Telephone No.: COMPOSITE EXHIBIT OF' j RECORDED IN THE OFFICIAL RECORDS BOOK OFBROWARD COUNTY,FLORIDA COUNTY ADMINISTRATOR r L ■ H T F ' MASTRIANA CNRI577ANSEN, PA AIiARNEYS AT LAW 2750 N.FEDERAL HIGHWAY (954)566-1234FORT LAUOEROALF-FL 33306-1495 Dade: Fax:(954)566.1592 Dade:(305)949.1234 CompuServe: 76155.455 June 11, 1997 David Fee, Esquire BROWARD COUNTY ATTORNEY'S OFFICE 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 RE: BASS PRO ROADWAY AGREEMENT Dear Dave: Please be advised that Coonas Property Company recently changed its name to Sportsman Park Development Company. A copy of the cettificate from the Secretary of State evidencing the same is attached hereto. Please make the necessary changes to the agreement. Thank you for your attention to this matter. Should you have any questions,or need further information,please do not hesitate to give me a call. M%FortheF* rISEN, P.A. By f a r, r Q� dal M Or iba ow, Beparlmmt of Otate certify the attached is a true and correct copy of the Artdes of Amendment, fled on March 20, 1997, to Articles of Incorporation for COONAS PROPERTY COMPANY which changed its name to SPORTSMAN PARK DEVELOPMENT COMPANY, a Florida corporation, as shown by the records of this office. The document number of this corporation is P95000041586. PSt G&M=cr EImtb=b Ulc Orratgeul at tllc tatt afclx r ' at Tallallasaec,flit 9"ffaG tll o*9 Twentieth bR °f March, 1997 ctYt=t2 W �ecz�rtarg nf�lxdx r